Senate Bill sb1218c1
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Florida Senate - 2006 CS for SB 1218
By the Committee on Judiciary; and Senators Bennett and Crist
590-1903-06
1 A bill to be entitled
2 An act relating to recovering, towing, or
3 storing vehicles and vessels; amending ss.
4 125.0103 and 166.043, F.S.; prescribing the
5 rates for towing and storage in counties and
6 municipalities that have not established rates;
7 amending s. 321.051, F.S.; requiring the rates
8 for the wrecker operator system of the Florida
9 Highway Patrol to be established and adjusted
10 annually based on the Consumer Price Index;
11 amending s. 713.78, F.S.; revising certain
12 requirements that notice be provided by mail to
13 the owner, insurance company, and persons
14 claiming a lien against the vehicle or vessel;
15 providing duties of the Department of Highway
16 Safety and Motor Vehicles and of towing-storage
17 operators; revising certain public notice
18 requirements related to the sale of unclaimed
19 vehicles or vessels; providing for rulemaking
20 by the department; providing an effective date.
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22 Be It Enacted by the Legislature of the State of Florida:
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24 Section 1. Paragraph (c) of subsection (1) of section
25 125.0103, Florida Statutes, is amended to read:
26 125.0103 Ordinances and rules imposing price controls;
27 findings required; procedures.--
28 (1)
29 (c) Counties must establish maximum rates which may be
30 charged on the towing of vehicles from or immobilization of
31 vehicles on private property, removal and storage of wrecked
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1 or disabled vehicles from an accident scene or for the removal
2 and storage of vehicles, in the event the owner or operator is
3 incapacitated, unavailable, leaves the procurement of wrecker
4 service to the law enforcement officer at the scene, or
5 otherwise does not consent to the removal of the vehicle.
6 However, if a municipality chooses to enact an ordinance
7 establishing the maximum fees for the towing or immobilization
8 of vehicles as described in paragraph (b), the county's
9 ordinance shall not apply within such municipality. Except as
10 provided by a municipality, the rates for a county shall be
11 the rates established for the wrecker operator system of the
12 Division of Florida Highway Patrol of the Department of
13 Highway Safety and Motor Vehicles under s. 321.051.
14 Section 2. Paragraph (c) of subsection (1) of section
15 166.043, Florida Statutes, is amended to read:
16 166.043 Ordinances and rules imposing price controls;
17 findings required; procedures.--
18 (1)
19 (c) Counties must establish maximum rates which may be
20 charged on the towing of vehicles from or immobilization of
21 vehicles on private property, removal and storage of wrecked
22 or disabled vehicles from an accident scene or for the removal
23 and storage of vehicles, in the event the owner or operator is
24 incapacitated, unavailable, leaves the procurement of wrecker
25 service to the law enforcement officer at the scene, or
26 otherwise does not consent to the removal of the vehicle.
27 However, if a municipality chooses to enact an ordinance
28 establishing the maximum fees for the towing or immobilization
29 of vehicles as described in paragraph (b), the county's
30 ordinance established under s. 125.0103 shall not apply within
31 such municipality. In a county or municipality that has not
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Florida Senate - 2006 CS for SB 1218
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1 established rates, the rates shall be the rates established
2 for the wrecker operator system of the Division of Florida
3 Highway Patrol of the Department of Highway Safety and Motor
4 Vehicles under s. 321.051.
5 Section 3. Subsection (2) of section 321.051, Florida
6 Statutes, is amended to read:
7 321.051 Florida Highway Patrol wrecker operator
8 system; penalties for operation outside of system.--
9 (2) The Division of Florida Highway Patrol of the
10 Department of Highway Safety and Motor Vehicles is authorized
11 to establish within areas designated by the patrol a wrecker
12 operator system using qualified, reputable wrecker operators
13 for removal and storage of wrecked or disabled vehicles from a
14 crash scene or for removal and storage of abandoned vehicles,
15 in the event the owner or operator is incapacitated or
16 unavailable or leaves the procurement of wrecker service to
17 the officer at the scene. All reputable wrecker operators
18 shall be eligible for use in the system provided their
19 equipment and drivers meet recognized safety qualifications
20 and mechanical standards set by rules of the Division of
21 Florida Highway Patrol for the size of vehicle it is designed
22 to handle. The division is authorized to limit the number of
23 wrecker operators participating in the wrecker operator
24 system, which authority shall not affect wrecker operators
25 currently participating in the system established by this
26 section. The division must is authorized to establish maximum
27 rates for the towing and storage of vehicles removed at the
28 division's request, where such rates have not been set by a
29 county or municipality pursuant to s. 125.0103 or s. 166.043.
30 These rates must be adjusted annually based on the Consumer
31 Price Index. Such rates shall not be considered rules for the
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1 purpose of chapter 120; however, the department shall
2 establish by rule a procedure for setting such rates. Any
3 provision in chapter 120 to the contrary notwithstanding, a
4 final order of the department denying, suspending, or revoking
5 a wrecker operator's participation in the system shall be
6 reviewable in the manner and within the time provided by the
7 Florida Rules of Appellate Procedure only by a writ of
8 certiorari issued by the circuit court in the county wherein
9 such wrecker operator resides.
10 Section 4. Subsections (1), (4), and (6) and paragraph
11 (g) of subsection (13) of section 713.78, Florida Statutes,
12 are amended to read:
13 713.78 Liens for recovering, towing, or storing
14 vehicles and vessels.--
15 (1) For the purposes of this section, the term:
16 (a) "Department" means the Department of Highway
17 Safety and Motor Vehicles.
18 (b)(a) "Vehicle" means any mobile item, whether
19 motorized or not, which is mounted on wheels.
20 (c)(b) "Vessel" means every description of watercraft,
21 barge, and air boat used or capable of being used as a means
22 of transportation on water, other than a seaplane or a
23 "documented vessel" as defined in s. 327.02(8).
24 (d)(c) "Wrecker" means any truck or other vehicle
25 which is used to tow, carry, or otherwise transport motor
26 vehicles or vessels upon the streets and highways of this
27 state and which is equipped for that purpose with a boom,
28 winch, car carrier, or other similar equipment.
29 (4)(a) Any person regularly engaged in the business of
30 recovering, towing, or storing vehicles or vessels who comes
31 into possession of a vehicle or vessel pursuant to subsection
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1 (2), and who claims a lien for recovery, towing, or storage
2 services, shall give notice to the registered owner, the
3 insurance company insuring the vehicle notwithstanding the
4 provisions of s. 627.736, and to all persons claiming a lien
5 thereon, by submitting an application for notifications to the
6 department on a form prescribed by the department within 7
7 business days after the date of storage of the vehicle or
8 vessel as disclosed by the records in the Department of
9 Highway Safety and Motor Vehicles or of a corresponding agency
10 in any other state.
11 (b) Whenever any law enforcement agency authorizes the
12 removal of a vehicle or vessel or whenever any towing service,
13 garage, repair shop, or automotive service, storage, or
14 parking place notifies the law enforcement agency of
15 possession of a vehicle or vessel pursuant to s.
16 715.07(2)(a)2., the applicable law enforcement agency shall
17 contact the Department of Highway Safety and Motor Vehicles,
18 or the appropriate agency of the state of registration, if
19 known, within 24 hours through the medium of electronic
20 communications, giving the full description of the vehicle or
21 vessel. Upon receipt of the full description of the vehicle or
22 vessel, the department shall search its files to determine the
23 owner's name, the insurance company insuring the vehicle or
24 vessel, and whether any person has filed a lien upon the
25 vehicle or vessel as provided in s. 319.27(2) and (3) and
26 notify the applicable law enforcement agency within 72 hours.
27 The person in charge of the towing service, garage, repair
28 shop, or automotive service, storage, or parking place shall
29 obtain such information from the applicable law enforcement
30 agency within 5 days after the date of storage and shall give
31 notice pursuant to paragraph (a). The department may release
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1 the insurance company information to the requestor
2 notwithstanding the provisions of s. 627.736.
3 (c) Upon receipt of a valid and complete application
4 for notifications, the required notification fee in the amount
5 of $4, and service fees as indicated in s. 320.04, the
6 department shall notify Notice by certified mail, return
7 receipt requested, shall be sent within 7 business days after
8 the date of storage of the vehicle or vessel to the registered
9 owner, the insurance company insuring the vehicle
10 notwithstanding the provisions of s. 627.736, and all persons
11 of record claiming a lien against the vehicle or vessel. The
12 notification must indicate the company or individual who has
13 It shall state the fact of possession of the vehicle or
14 vessel, that a lien as provided in subsection (2) is claimed,
15 that charges have accrued and the amount thereof, that the
16 lien is subject to enforcement pursuant to law, and that the
17 owner or lienholder, if any, has the right to a hearing as set
18 forth in subsection (5), and that any vehicle or vessel which
19 remains unclaimed, or for which the charges for recovery,
20 towing, or storage services remain unpaid, may be sold free of
21 all prior liens after 35 days if the vehicle or vessel is more
22 than 3 years of age or after 50 days if the vehicle or vessel
23 is 3 years of age or less.
24 (d) If attempts to locate the name and address of the
25 owner or lienholder prove unsuccessful, the department shall
26 notify the towing-storage operator that the department shall,
27 after 7 working days, excluding Saturday and Sunday, of the
28 initial tow or storage, notify the public agency of
29 jurisdiction in writing by certified mail or acknowledged hand
30 delivery that the towing-storage company has been unable to
31 locate the name and address of the owner or lienholder and a
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1 physical search of the vehicle or vessel has disclosed no
2 ownership information and a good faith effort has been made.
3 For purposes of this paragraph and subsection (9), "good faith
4 effort" means that the following checks have been performed by
5 the towing-storage operator and the results have been reported
6 to the department company to establish prior state of
7 registration and for title:
8 1. Check of vehicle or vessel for any type of tag, tag
9 record, temporary tag, or regular tag.
10 2. Check of law enforcement report for tag number or
11 other information identifying the vehicle or vessel, if the
12 vehicle or vessel was towed at the request of a law
13 enforcement officer.
14 3. Check of trip sheet or tow ticket of tow truck
15 operator to see if a tag was on vehicle or vessel at beginning
16 of tow, if private tow.
17 4. If there is no address of the owner on the impound
18 report, check of law enforcement report to see if an
19 out-of-state address is indicated from driver license
20 information.
21 5. Check of vehicle or vessel for inspection sticker
22 or other stickers and decals that may indicate a state of
23 possible registration.
24 6. Check of the interior of the vehicle or vessel for
25 any papers that may be in the glove box, trunk, or other areas
26 for a state of registration.
27 7. Check of vehicle for vehicle identification number.
28 8. Check of vessel for vessel registration number.
29 9. Check of vessel hull for a hull identification
30 number which should be carved, burned, stamped, embossed, or
31 otherwise permanently affixed to the outboard side of the
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1 transom or, if there is no transom, to the outmost seaboard
2 side at the end of the hull that bears the rudder or other
3 steering mechanism.
4 (6) Any vehicle or vessel which is stored pursuant to
5 subsection (2) and which remains unclaimed, or for which
6 reasonable charges for recovery, towing, or storing remain
7 unpaid, and any contents not released pursuant to subsection
8 (10), may be sold by the owner or operator of the storage
9 space for such towing or storage charge after 35 days from the
10 time the vehicle or vessel is stored therein if the vehicle or
11 vessel is more than 3 years of age or after 50 days following
12 the time the vehicle or vessel is stored therein if the
13 vehicle or vessel is 3 years of age or less. The sale shall be
14 at public auction for cash. If the date of the sale was not
15 included in the notice required in subsection (4), notice of
16 the sale shall be given to the person in whose name the
17 vehicle or vessel is registered and to all persons claiming a
18 lien on the vehicle or vessel as shown on the records of the
19 Department of Highway Safety and Motor Vehicles or of the
20 corresponding agency in any other state. Notice shall be sent
21 by certified mail, return receipt requested, to the owner of
22 the vehicle or vessel and the person having the recorded lien
23 on the vehicle or vessel at the address shown on the records
24 of the registering agency and shall be mailed not less than 15
25 days before the date of the sale. After diligent search and
26 inquiry, if the name and address of the registered owner or
27 the owner of the recorded lien cannot be ascertained, the
28 requirements of notice by mail may be dispensed with. In
29 addition to the notice by mail, public notice of the time and
30 place of sale shall be made by publishing a notice thereof one
31 time, at least 10 days prior to the date of the sale, in a
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1 newspaper of general circulation in the county in which the
2 sale is to be held. Such public notice must include the
3 vehicle or vessel identification number or hull number; a
4 description of the vehicle or vessel, including make, model,
5 and year of manufacture; and, if known, the name of the
6 registered owner of the vehicle or vessel. The proceeds of
7 the sale, after payment of reasonable towing and storage
8 charges, and costs of the sale, in that order of priority,
9 shall be deposited with the clerk of the circuit court for the
10 county if the owner is absent, and the clerk shall hold such
11 proceeds subject to the claim of the person legally entitled
12 thereto. The clerk shall be entitled to receive 5 percent of
13 such proceeds for the care and disbursement thereof. The
14 certificate of title issued under this law shall be discharged
15 of all liens unless otherwise provided by court order.
16 (13)
17 (g) The Department of Highway Safety and Motor
18 Vehicles may adopt rules pursuant to ss. 120.536(1) and 120.54
19 to implement this section subsection.
20 Section 5. This act shall take effect July 1, 2006.
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Florida Senate - 2006 CS for SB 1218
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1 STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
COMMITTEE SUBSTITUTE FOR
2 Senate Bill 1218
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4 The committee substitute makes the following substantial
changes to the underlying bill:
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-- Requires the Department of Highway Safety and Motor
6 Vehicles (DHSMV), rather than wrecker operators, to send
notices of liens;
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-- Authorizes the DHSMV to charge wrecker operators an
8 application fee for sending notices:
9 -- Requires the Division of Highway Patrol to adjust rates
annually for its wrecker operator system in accordance
10 with the Consumer Price Index;
11 -- Provides that the wrecker rates in counties and
municipalities not governed by a wrecker-rate ordinance
12 are the rates for the wrecker operator system of the
Division of Highway Patrol;
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-- Requires specific information to be contained in public
14 notices advertising the sale of vehicles and vessels to
be sold to satisfy liens; and
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-- Removes amendments traveling with the bill.
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