HB 61

1	A bill to be entitled
2	An act relating to recovering, towing, or storing vehicles
3	and vessels; amending ss. 125.0103 and 166.043, F.S.;
4	prescribing the rates for towing and storage in counties
5	and municipalities that have not established rates;
6	amending s. 321.051, F.S.; requiring the rates for the
7	wrecker operator system of the Florida Highway Patrol to
8	be established and reviewed biennially to ensure that the
9	rates are equitable; amending s. 713.78, F.S.; revising
10	provisions governing liens for recovering, towing, or
11	storing vehicles and vessels; revising requirements for
12	notice to be provided by mail to the vehicle or vessel
13	owner, insurance company, and lienholders; requiring proof
14	of mailing be provided to certain persons; revising
15	provisions for sale of the vehicle or vessel; authorizing
16	an administrative charge; providing an effective date.
17
18	Be It Enacted by the Legislature of the State of Florida:
19
20	Section 1.  Paragraph (c) of subsection (1) of section
21	125.0103, Florida Statutes, is amended to read:
22	125.0103  Ordinances and rules imposing price controls;
23	findings required; procedures.--
24	(1)
25	(c)  Counties must establish maximum rates which may be
26	charged on the towing of vehicles from or immobilization of
27	vehicles on private property, removal and storage of wrecked or
28	disabled vehicles from an accident scene or for the removal and
29	storage of vehicles, in the event the owner or operator is
30	incapacitated, unavailable, leaves the procurement of wrecker
31	service to the law enforcement officer at the scene, or
32	otherwise does not consent to the removal of the vehicle.
33	However, if a municipality chooses to enact an ordinance
34	establishing the maximum fees for the towing or immobilization
35	of vehicles as described in paragraph (b), the county's
36	ordinance shall not apply within such municipality. Except as
37	provided by a municipality, the rates for a county that has not
38	established rates shall be the rates established for the wrecker
39	operator system of the Division of Florida Highway Patrol of the
40	Department of Highway Safety and Motor Vehicles under s.
41	321.051.
42	Section 2.  Paragraph (c) of subsection (1) of section
43	166.043, Florida Statutes, is amended to read:
44	166.043  Ordinances and rules imposing price controls;
45	findings required; procedures.--
46	(1)
47	(c)  Counties must establish maximum rates which may be
48	charged on the towing of vehicles from or immobilization of
49	vehicles on private property, removal and storage of wrecked or
50	disabled vehicles from an accident scene or for the removal and
51	storage of vehicles, in the event the owner or operator is
52	incapacitated, unavailable, leaves the procurement of wrecker
53	service to the law enforcement officer at the scene, or
54	otherwise does not consent to the removal of the vehicle.
55	However, if a municipality chooses to enact an ordinance
56	establishing the maximum fees for the towing or immobilization
57	of vehicles as described in paragraph (b), the county's
58	ordinance established under s. 125.0103 shall not apply within
59	such municipality. Unless provided by the county, in a
60	municipality that has not established rates, the rates shall be
61	the rates established for the wrecker operator system of the
62	Division of Florida Highway Patrol of the Department of Highway
63	Safety and Motor Vehicles under s. 321.051.
64	Section 3.  Subsection (2) of section 321.051, Florida
65	Statutes, is amended to read:
66	321.051  Florida Highway Patrol wrecker operator system;
67	penalties for operation outside of system.--
68	(2)  The Division of Florida Highway Patrol of the
69	Department of Highway Safety and Motor Vehicles is authorized to
70	establish within areas designated by the patrol a wrecker
71	operator system using qualified, reputable wrecker operators for
72	removal and storage of wrecked or disabled vehicles from a crash
73	scene or for removal and storage of abandoned vehicles, in the
74	event the owner or operator is incapacitated or unavailable or
75	leaves the procurement of wrecker service to the officer at the
76	scene. All reputable wrecker operators shall be eligible for use
77	in the system provided their equipment and drivers meet
78	recognized safety qualifications and mechanical standards set by
79	rules of the Division of Florida Highway Patrol for the size of
80	vehicle it is designed to handle. The division is authorized to
81	limit the number of wrecker operators participating in the
82	wrecker operator system, which authority shall not affect
83	wrecker operators currently participating in the system
84	established by this section. The division shall is authorized to
85	establish maximum rates for the towing and storage of vehicles
86	removed at the division's request, where such rates have not
87	been set by a county or municipality pursuant to s. 125.0103 or
88	s. 166.043. These rates must be reviewed biennially in June for
89	the purpose of ensuring that the rates are equitable. Such rates
90	shall not be considered rules for the purpose of chapter 120;
91	however, the department shall establish by rule a procedure for
92	setting such rates.  Any provision in chapter 120 to the
93	contrary notwithstanding, a final order of the department
94	denying, suspending, or revoking a wrecker operator's
95	participation in the system shall be reviewable in the manner
96	and within the time provided by the Florida Rules of Appellate
97	Procedure only by a writ of certiorari issued by the circuit
98	court in the county wherein such wrecker operator resides.
99	Section 4.  Subsection (2) of section 713.78, Florida
100	Statutes, reads, and subsections (4) and (6) of that section are
101	amended to read:
102	713.78  Liens for recovering, towing, or storing vehicles
103	and vessels.--
104	(2)  Whenever a person regularly engaged in the business of
105	transporting vehicles or vessels by wrecker, tow truck, or car
106	carrier recovers, removes, or stores a vehicle or vessel upon
107	instructions from:
108	(a)  The owner thereof;
109	(b)  The owner or lessor, or a person authorized by the
110	owner or lessor, of property on which such vehicle or vessel is
111	wrongfully parked, and the removal is done in compliance with s.
112	715.07; or
113	(c)  Any law enforcement agency,
114
115	she or he shall have a lien on the vehicle or vessel for a
116	reasonable towing fee and for a reasonable storage fee; except
117	that no storage fee shall be charged if the vehicle is stored
118	for less than 6 hours.
119	(4)(a)  Any person regularly engaged in the business of
120	recovering, towing, or storing vehicles or vessels who comes
121	into possession of a vehicle or vessel pursuant to subsection
122	(2), and who claims a lien for recovery, towing, or storage
123	services, shall give notice to the registered owner, to the
124	insurance company insuring the vehicle notwithstanding the
125	provisions of s. 627.736, and to all persons claiming a lien
126	thereon, as disclosed by the records in the Department of
127	Highway Safety and Motor Vehicles or of a corresponding agency
128	in any other state.
129	(b)  Whenever any law enforcement agency authorizes the
130	removal of a vehicle or vessel or whenever any towing service,
131	garage, repair shop, or automotive service, storage, or parking
132	place notifies the law enforcement agency of possession of a
133	vehicle or vessel pursuant to s. 715.07(2)(a)2., the applicable
134	law enforcement agency shall contact the Department of Highway
135	Safety and Motor Vehicles, or the appropriate agency of the
136	state of registration, if known, within 24 hours through the
137	medium of electronic communications, giving the full description
138	of the vehicle or vessel. Upon receipt of the full description
139	of the vehicle or vessel, the department shall search its files
140	to determine the owner's name, the insurance company insuring
141	the vehicle or vessel, and whether any person has filed a lien
142	upon the vehicle or vessel as provided in s. 319.27(2) and (3)
143	and notify the applicable law enforcement agency within 72
144	hours. The person in charge of the towing service, garage,
145	repair shop, or automotive service, storage, or parking place
146	shall obtain such information from the  applicable law
147	enforcement agency within 5 days after the date of storage and
148	shall give notice pursuant to paragraph (a). The department may
149	release the insurance company information to the requestor
150	notwithstanding the provisions of s. 627.736.
151	(c)  Notice by certified mail, return receipt requested,
152	shall be sent within 7 business days after the date of storage
153	of the vehicle or vessel to the registered owner, the insurance
154	company insuring the vehicle notwithstanding the provisions of
155	s. 627.736, and all persons of record claiming a lien against
156	the vehicle or vessel. Proof of mailing must be provided upon
157	request to any person involved in an action. The notice must It
158	shall state the fact of possession of the vehicle or vessel,
159	that a lien as provided in subsection (2) is claimed, that
160	charges have accrued and the amount thereof, that the lien is
161	subject to enforcement pursuant to law, and that the owner or
162	lienholder, if any, has the right to a hearing as set forth in
163	subsection (5), and that any vehicle or vessel that which
164	remains unclaimed, or for which the charges for recovery,
165	towing, or storage services remain unpaid, may be sold free of
166	all prior liens after 35 days if the vehicle or vessel is more
167	than 3 years of age or after 50 days if the vehicle or vessel is
168	3 years of age or less.
169	(d)  If attempts to locate the name and address of the
170	owner or lienholder prove unsuccessful, the towing-storage
171	operator shall, after 7 working days, excluding Saturday and
172	Sunday, following of the initial tow or storage, notify the
173	public agency of jurisdiction in writing by certified mail or
174	acknowledged hand delivery that the towing-storage company has
175	been unable to locate the name and address of the owner or
176	lienholder and a physical search of the vehicle or vessel has
177	disclosed no ownership information and a good faith effort has
178	been made. Proof of mailing must be provided upon request to any
179	person involved in an action. For purposes of this paragraph and
180	subsection (9), "good faith effort" means that the following
181	checks have been performed by the company to establish prior
182	state of registration and for title:
183	1.  Check of vehicle or vessel for any type of tag, tag
184	record, temporary tag, or regular tag.
185	2.  Check of law enforcement report for tag number or other
186	information identifying the vehicle or vessel, if the vehicle or
187	vessel was towed at the request of a law enforcement officer.
188	3.  Check of trip sheet or tow ticket of tow truck operator
189	to see if a tag was on vehicle or vessel at beginning of tow, if
190	private tow.
191	4.  If there is no address of the owner on the impound
192	report, check of law enforcement report to see if an out-of-
193	state address is indicated from driver license information.
194	5.  Check of vehicle or vessel for inspection sticker or
195	other stickers and decals that may indicate a state of possible
196	registration.
197	6.  Check of the interior of the vehicle or vessel for any
198	papers that may be in the glove box, trunk, or other areas for a
199	state of registration.
200	7.  Check of vehicle for vehicle identification number.
201	8.  Check of vessel for vessel registration number.
202	9.  Check of vessel hull for a hull identification number
203	which should be carved, burned, stamped, embossed, or otherwise
204	permanently affixed to the outboard side of the transom or, if
205	there is no transom, to the outmost seaboard side at the end of
206	the hull that bears the rudder or other steering mechanism.
207	(6)  Any vehicle or vessel that which is stored pursuant to
208	subsection (2) and that which remains unclaimed, or for which
209	reasonable charges for the recovery, towing, or storage services
210	storing remain unpaid, and any contents not released pursuant to
211	subsection (10), may be sold by the owner or operator of the
212	storage space for such recovery, towing, or storage charges and
213	the charge for administrative costs authorized under this
214	subsection charge after 35 days following from the time the
215	vehicle or vessel is stored therein if the vehicle or vessel is
216	more than 3 years of age or after 50 days following the time the
217	vehicle or vessel is stored therein if the vehicle or vessel is
218	3 years of age or less. The sale shall be at public auction for
219	cash. A charge for administrative costs is authorized under this
220	subsection if it is based on the applicable administrative
221	charge imposed by ordinance or, if an administrative charge is
222	not imposed by ordinance, if the charge for administrative costs
223	is not more than the lesser of $100 or 30 percent of the unpaid
224	recovery, towing, and storage charges. If the date of the sale
225	was not included in the notice required in subsection (4),
226	notice of the sale shall be given to the person in whose name
227	the vehicle or vessel is registered and to all persons claiming
228	a lien on the vehicle or vessel as shown on the records of the
229	Department of Highway Safety and Motor Vehicles or of the
230	corresponding agency in any other state. Notice shall be sent by
231	certified mail, return receipt requested, to the owner of the
232	vehicle or vessel and the person having the recorded lien on the
233	vehicle or vessel at the address shown on the records of the
234	registering agency and shall be mailed not less than 15 days
235	before the date of the sale. Proof of mailing must be provided
236	upon request to any person involved in an action. After diligent
237	search and inquiry, if the name and address of the registered
238	owner or the owner of the recorded lien cannot be ascertained,
239	the requirements of notice by mail may be dispensed with. In
240	addition to the notice by mail, public notice of the time and
241	place of sale shall be made by publishing a notice thereof one
242	time, at least 10 days prior to the date of the sale, in a
243	newspaper of general circulation in the county in which the sale
244	is to be held. The proceeds of the sale, after payment of
245	reasonable recovery, towing, and storage charges, and costs of
246	the sale, in that order of priority, shall be deposited with the
247	clerk of the circuit court for the county if the owner is
248	absent, and the clerk shall hold such proceeds subject to the
249	claim of the person legally entitled thereto. The clerk shall be
250	entitled to receive 5 percent of such proceeds for the care and
251	disbursement thereof. The certificate of title issued under this
252	law shall be discharged of all liens unless otherwise provided
253	by court order.
254	Section 5.  This act shall take effect July 1, 2007.

CODING: Words stricken are deletions; words underlined are additions.