1

A bill to be entitled

2

An act relating to liens for recovering, towing, or

3

storing vehicles or vessels; amending ss. 125.0103 and

4

166.043, F.S.; requiring that rates for the towing and

5

storage of certain vehicles within certain counties equal

6

rates established by the Division of the Florida Highway

7

Patrol; amending s. 321.051, F.S.; requiring that the

8

division set maximum rates for the towing and storage of

9

certain vehicles; requiring annual rate adjustments that

10

reflect the Consumer Price Index; amending s. 713.78,

11

F.S.; defining the term "department"; revising procedures

12

for notification concerning liens for the recovery of

13

certain costs for recovering, towing, or storing a

14

vehicle or vessel; removing the authority of the

15

Department of Highway Safety and Motor Vehicles to

16

release information concerning the insurance company;

17

establishing fees for the lien notification; revising

18

requirements governing the contents of the notification;

19

revising requirements for locating and notifying persons

20

about the impending sale of an unclaimed vehicle or

21

vessel or its contents; revising requirements concerning

22

public notice of the impending sale; removing duplicative

23

provisions concerning rulemaking by the department;

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amending s. 715.07, F.S.; conforming cross-references to

25

changes made by the act; providing an effective date.

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27

Be It Enacted by the Legislature of the State of Florida:

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29

     Section 1.  Paragraph (c) of subsection (1) of section

30

125.0103, Florida Statutes, is amended to read:

31

     125.0103  Ordinances and rules imposing price controls;

32

findings required; procedures.--

33

     (1)

34

     (c)1. Counties shall must establish maximum rates that

35

which may be charged on the towing of vehicles from or

36

immobilization of vehicles on private property, removal and

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storage of wrecked or disabled vehicles from an accident scene or

38

for the removal and storage of vehicles, in the event the owner

39

or operator is incapacitated, unavailable, leaves the procurement

40

of wrecker service to the law enforcement officer at the scene,

41

or otherwise does not consent to the removal of the vehicle.

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However, if a municipality enacts chooses to enact an ordinance

43

establishing the maximum fees for the towing or immobilization of

44

vehicles as described in paragraph (b), the county's ordinance

45

shall not apply within such municipality.

46

     2. Beginning January 1, 2009, and notwithstanding any other

47

law, in any county that has not adopted an ordinance

48

establishing the maximum rates that may be charged for the

49

towing and storage of vehicles as required by this section and

50

s. 166.043, the rates shall be equal to the rates established by

51

the Division of the Florida Highway Patrol under s. 321.051 and

52

adjusted annually to reflect the Consumer Price Index. A county

53

may not adopt an ordinance establishing a rate that is less than

54

the rate established by the Division of the Florida Highway

55

Patrol and adjusted annually to reflect the Consumer Price

56

Index.

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     Section 2.  Paragraph (c) of subsection (1) of section

58

166.043, Florida Statutes, is amended to read:

59

     166.043  Ordinances and rules imposing price controls;

60

findings required; procedures.--

61

     (1)

62

     (c)1. Counties shall must establish maximum rates that which

63

may be charged on the towing of vehicles from or immobilization of

64

vehicles on private property, removal and storage of wrecked or

65

disabled vehicles from an accident scene or for the removal and

66

storage of vehicles, in the event the owner or operator is

67

incapacitated, unavailable, leaves the procurement of wrecker

68

service to the law enforcement officer at the scene, or otherwise

69

does not consent to the removal of the vehicle. However, if a

70

municipality enacts chooses to enact an ordinance establishing the

71

maximum fees for the towing or immobilization of vehicles as

72

described in paragraph (b), the county's ordinance established

73

under s. 125.0103 shall not apply within such municipality.

74

     2. Beginning January 1, 2009, and notwithstanding any other

75

law, in any county that has not adopted an ordinance

76

establishing the maximum rates that may be charged for the

77

towing and storage of vehicles as required by this section and

78

s. 125.0103, the rates shall be equal to the rates established

79

by the Division of the Florida Highway Patrol under s. 321.051

80

and adjusted annually to reflect the Consumer Price Index. A

81

county may not adopt an ordinance establishing a rate that is

82

less than the rate established by the Division of the Florida

83

Highway Patrol and adjusted annually to reflect the Consumer

84

Price Index.

85

     Section 3.  Subsection (2) of section 321.051, Florida

86

Statutes, is amended to read:

87

     321.051  Florida Highway Patrol wrecker operator system;

88

penalties for operation outside of system.--

89

     (2) The Division of the Florida Highway Patrol of the

90

Department of Highway Safety and Motor Vehicles may is authorized

91

to establish within areas designated by the patrol a wrecker

92

operator system using qualified, reputable wrecker operators for

93

removal and storage of wrecked or disabled vehicles from a crash

94

scene or for removal and storage of abandoned vehicles, in the

95

event the owner or operator is incapacitated or unavailable or

96

leaves the procurement of wrecker service to the officer at the

97

scene. All reputable wrecker operators shall be eligible for use

98

in the system provided their equipment and drivers meet

99

recognized safety qualifications and mechanical standards set by

100

rules of the Division of the Florida Highway Patrol for the size

101

of vehicle it is designed to handle. The division is authorized

102

to limit the number of wrecker operators participating in the

103

wrecker operator system, which authority shall not affect wrecker

104

operators currently participating in the system established by

105

this section. The division shall is authorized to establish

106

maximum rates for the towing and storage of vehicles removed at

107

the division's request if, where such rates are have not been set

108

by a county or municipality pursuant to s. 125.0103 or s.

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166.043. The rates shall be adjusted annually to reflect the

110

Consumer Price Index. Such rates are shall not be considered

111

rules for the purpose of chapter 120; however, the department

112

shall establish by rule a procedure for setting such rates. Any

113

provision in chapter 120 to the contrary notwithstanding, a final

114

order of the department denying, suspending, or revoking a

115

wrecker operator's participation in the system is shall be

116

reviewable in the manner and within the time provided by the

117

Florida Rules of Appellate Procedure only by a writ of certiorari

118

issued by the circuit court in the county wherein such wrecker

119

operator resides.

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     Section 4.  Subsections (1), (4), and (6), paragraph (b) of

121

subsection (11), paragraph (d) of subsection (12), and paragraphs

122

(a) and (g) of subsection (13) of section 713.78, Florida

123

Statutes, are amended to read:

124

     713.78  Liens for recovering, towing, or storing vehicles

125

and vessels.--

126

     (1)  For the purposes of this section, the term:

127

     (a) "Department" means the Department of Highway Safety and

128

Motor Vehicles.

129

     (b)(a) "Vehicle" means any mobile item, whether motorized

130

or not, which is mounted on wheels.

131

     (c)(b) "Vessel" means every description of watercraft,

132

barge, and airboat used or capable of being used as a means of

133

transportation on water, other than a seaplane or a "documented

134

vessel" as defined in s. 327.02(9).

135

     (d)(c) "Wrecker" means any truck or other vehicle which is

136

used to tow, carry, or otherwise transport motor vehicles or

137

vessels upon the streets and highways of this state and which is

138

equipped for that purpose with a boom, winch, car carrier, or

139

other similar equipment.

140

     (4)(a)  Any person regularly engaged in the business of

141

recovering, towing, or storing vehicles or vessels who comes into

142

possession of a vehicle or vessel pursuant to subsection (2), and

143

who claims a lien for recovery, towing, or storage services,

144

shall give notice to the registered owner, the insurance company

145

insuring the vehicle notwithstanding the provisions of s.

146

627.736, and to all persons claiming a lien thereon by submitting

147

an application for notifications to the department on a form

148

prescribed by the department within 7 business days after the

149

date of storage of the vehicle or vessel and shall maintain an

150

invoice for such services with the signature of the operator who

151

provided the service or the signature of an employee of the

152

business attesting to the accuracy of the information on the

153

invoice, as disclosed by the records in the Department of Highway

154

Safety and Motor Vehicles or of a corresponding agency in any

155

other state.

156

     (b) When a Whenever any law enforcement agency authorizes

157

the removal of a vehicle or vessel or a whenever any towing

158

service, garage, repair shop, or automotive service, storage, or

159

parking place notifies the law enforcement agency of possession

160

of a vehicle or vessel pursuant to s. 715.07(2)(a)2., the

161

applicable law enforcement agency shall contact the department of

162

Highway Safety and Motor Vehicles, or the appropriate agency of

163

the state of registration, if known, within 24 hours through the

164

medium of electronic communications, giving the full description

165

of the vehicle or vessel. Upon receipt of the full description of

166

the vehicle or vessel, the department shall search its files to

167

determine the owner's name, the insurance company insuring the

168

vehicle or vessel, and whether any person has filed a lien upon

169

the vehicle or vessel as provided in s. 319.27(2) and (3) and

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notify the applicable law enforcement agency within 72 hours. The

171

person in charge of the towing service, garage, repair shop, or

172

automotive service, storage, or parking place shall obtain such

173

information from the applicable law enforcement agency within 5

174

days after the date of storage and shall give notice pursuant to

175

paragraph (a). The department may release the insurance company

176

information to the requestor notwithstanding the provisions of s.

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627.736.

178

     (c) Upon receipt of a valid and complete application for

179

notifications, the required notification fee of $4, and the

180

service fees required under s. 320.04, the department shall

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notify Notice by certified mail, return receipt requested, shall

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be sent within 7 business days after the date of storage of the

183

vehicle or vessel to the registered owner, the insurance company

184

insuring the vehicle notwithstanding the provisions of s.

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627.736, and all persons of record claiming a lien against the

186

vehicle or vessel. The notification must indicate the company or

187

individual who has It shall state the fact of possession of the

188

vehicle or vessel, that a lien as provided in subsection (2) is

189

claimed, that charges have accrued and the amount thereof, that

190

the lien is subject to enforcement pursuant to law, and that the

191

owner or lienholder, if any, has the right to a hearing as set

192

forth in subsection (5), and that any vehicle or vessel that

193

which remains unclaimed, or for which the charges for recovery,

194

towing, or storage services remain unpaid, may be sold free of

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all prior liens after 35 days after the date of the notification

196

if the vehicle or vessel is more than 3 years of age or after 50

197

days after the date of notification if the vehicle or vessel is 3

198

years of age or less.

199

     (d) If the department is unable attempts to locate the name

200

and address of the owner or lienholder prove unsuccessful, the

201

department shall notify the towing-storage operator. Upon receipt

202

of such notice, the towing-storage operator shall conduct, after

203

7 working days, excluding Saturday and Sunday, of the initial tow

204

or storage, notify the public agency of jurisdiction in writing

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by certified mail or acknowledged hand delivery that the towing-

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storage company has been unable to locate the name and address of

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the owner or lienholder and a physical search of the vehicle or

208

vessel and make a good faith effort to determine has disclosed no

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ownership information and a good faith effort has been made. The

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towing-storage operator shall send notice of the sale by

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certified mail to any potential owner, lienor, or insurance

212

company discovered through the physical search and good faith

213

effort.

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     (e) As used in For purposes of this paragraph (d) and

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subsection (9), the term "good faith effort" means that the

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following checks have been performed by the company to establish

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prior state of registration and for title:

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     1.  Check of vehicle or vessel for any type of tag, tag

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record, temporary tag, or regular tag.

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     2.  Check of law enforcement report for tag number or other

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information identifying the vehicle or vessel, if the vehicle or

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vessel was towed at the request of a law enforcement officer.

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     3.  Check of trip sheet or tow ticket of tow truck operator

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to see if a tag was on vehicle or vessel at beginning of tow, if

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private tow.

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     4.  If there is no address of the owner on the impound

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report, check of law enforcement report to see if an out-of-state

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address is indicated from driver license information.

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     5.  Check of vehicle or vessel for inspection sticker or

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other stickers and decals that may indicate a state of possible

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registration.

232

     6.  Check of the interior of the vehicle or vessel for any

233

papers that may be in the glove box, trunk, or other areas for a

234

state of registration.

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     7.  Check of vehicle for vehicle identification number.

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     8.  Check of vessel for vessel registration number.

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     9.  Check of vessel hull for a hull identification number

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that which should be carved, burned, stamped, embossed, or

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otherwise permanently affixed to the outboard side of the transom

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or, if there is no transom, to the outmost seaboard side at the

241

end of the hull which that bears the rudder or other steering

242

mechanism.

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     (6) Any vehicle or vessel that which is stored pursuant to

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subsection (2) and that which remains unclaimed, or for which

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reasonable charges for recovery, towing, or storing remain

246

unpaid, and any contents not released pursuant to subsection

247

(10), may be sold by the owner or operator of the storage space

248

for such towing or storage charge after 35 days after from the

249

date notification was sent under subsection (4) that time the

250

vehicle or vessel is stored therein if the vehicle or vessel is

251

more than 3 years of age or after 50 days after the date that

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such notification was sent following the time the vehicle or

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vessel is stored therein if the vehicle or vessel is 3 years of

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age or less. The sale shall be at public auction for cash. If the

255

date of the sale was not included in the notice required in

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subsection (4), notice of the sale shall be given to the person

257

in whose name the vehicle or vessel is registered and to all

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persons claiming a lien on the vehicle or vessel as shown on the

259

records of the Department of Highway Safety and Motor Vehicles or

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of the corresponding agency in any other state. Notice shall be

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sent by certified mail, return receipt requested, to the owner of

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the vehicle or vessel and the person having the recorded lien on

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the vehicle or vessel at the address shown on the records of the

264

registering agency and shall be mailed not less than 15 days

265

before the date of the sale. After diligent search and inquiry,

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if the name and address of the registered owner or the owner of

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the recorded lien cannot be ascertained, the requirements of

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notice by mail may be dispensed with. In addition to the notice

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by mail, public notice of the time and place of sale shall be

270

made by publishing a notice thereof one time, at least 10 days

271

before prior to the date of the sale, in a newspaper of general

272

circulation in the county in which the sale is to be held. The

273

public notice must include the vehicle or vessel identification

274

or hull number and a description of the vehicle or vessel,

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including make, model, and year of manufacture. The proceeds of

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the sale, after payment of reasonable towing and storage charges,

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and costs of the sale, in that order of priority, shall be

278

deposited with the clerk of the circuit court for the county

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where the sale was held if the owner is absent, and the clerk

280

shall hold such proceeds subject to the claim of the person

281

legally entitled thereto. The clerk shall be entitled to receive

282

5 percent of such proceeds for the care and disbursement thereof.

283

The certificate of title issued under this law shall be

284

discharged of all liens unless otherwise provided by court order.

285

     (11)

286

     (b) The department of Highway Safety and Motor Vehicles

287

shall charge a fee of $3 for each certificate of destruction. A

288

service charge of $4.25 shall be collected and retained by the

289

tax collector who processes the application.

290

     (c) The Department of Highway Safety and Motor Vehicles may

291

adopt such rules as it deems necessary or proper for the

292

administration of this subsection.

293

     (12)

294

     (d) Employees of the department of Highway Safety and Motor

295

Vehicles and law enforcement officers may are authorized to

296

inspect the records of any person regularly engaged in the

297

business of recovering, towing, or storing vehicles or vessels or

298

transporting vehicles or vessels by wrecker, tow truck, or car

299

carrier, to ensure compliance with the requirements of this

300

section. Any person who fails to maintain records, or fails to

301

produce records when required in a reasonable manner and at a

302

reasonable time, commits a misdemeanor of the first degree,

303

punishable as provided in s. 775.082 or s. 775.083.

304

     (13)(a) Upon the department's receipt by the department of

305

Highway Safety and Motor Vehicles of written notice from a

306

wrecker operator who claims a wrecker operator's lien under

307

paragraph (2)(c) or paragraph (2)(d) for recovery, towing, or

308

storage of an abandoned vehicle or vessel upon instructions from

309

any law enforcement agency, for which a certificate of

310

destruction has been issued under subsection (11), the department

311

shall place the name of the registered owner of that vehicle or

312

vessel on the list of those persons who may not be issued a

313

license plate or revalidation sticker for any motor vehicle under

314

s. 320.03(8). If the vehicle or vessel is owned jointly by more

315

than one person, the name of each registered owner shall be

316

placed on the list. The notice of wrecker operator's lien shall

317

be submitted on forms provided by the department, which must

318

include:

319

     1.  The name, address, and telephone number of the wrecker

320

operator.

321

     2.  The name of the registered owner of the vehicle or

322

vessel and the address to which the wrecker operator provided

323

notice of the lien to the registered owner under subsection (4).

324

     3.  A general description of the vehicle or vessel,

325

including its color, make, model, body style, and year.

326

     4.  The vehicle identification number (VIN); registration

327

license plate number, state, and year; validation decal number,

328

state, and year; vessel registration number; hull identification

329

number; or other identification number, as applicable.

330

     5.  The name of the person or the corresponding law

331

enforcement agency that requested that the vehicle or vessel be

332

recovered, towed, or stored.

333

     6.  The amount of the wrecker operator's lien, not to exceed

334

the amount allowed by paragraph (b).

335

     (g) The department of Highway Safety and Motor Vehicles may

336

adopt rules pursuant to ss. 120.536(1) and 120.54 to implement

337

this section subsection.

338

     Section 5.  Paragraph (a) of subsection (2) of section

339

715.07, Florida Statutes, is amended to read:

340

     715.07  Vehicles or vessels parked on private property;

341

towing.--

342

     (2)  The owner or lessee of real property, or any person

343

authorized by the owner or lessee, which person may be the

344

designated representative of the condominium association if the

345

real property is a condominium, may cause any vehicle or vessel

346

parked on such property without her or his permission to be

347

removed by a person regularly engaged in the business of towing

348

vehicles or vessels, without liability for the costs of removal,

349

transportation, or storage or damages caused by such removal,

350

transportation, or storage, under any of the following

351

circumstances:

352

     (a)  The towing or removal of any vehicle or vessel from

353

private property without the consent of the registered owner or

354

other legally authorized person in control of that vehicle or

355

vessel is subject to strict compliance with the following

356

conditions and restrictions:

357

     1.a.  Any towed or removed vehicle or vessel must be stored

358

at a site within a 10-mile radius of the point of removal in any

359

county of 500,000 population or more, and within a 15-mile radius

360

of the point of removal in any county of less than 500,000

361

population. That site must be open for the purpose of redemption

362

of vehicles on any day that the person or firm towing such

363

vehicle or vessel is open for towing purposes, from 8:00 a.m. to

364

6:00 p.m., and, when closed, shall have prominently posted a sign

365

indicating a telephone number where the operator of the site can

366

be reached at all times. Upon receipt of a telephoned request to

367

open the site to redeem a vehicle or vessel, the operator shall

368

return to the site within 1 hour or she or he will be in

369

violation of this section.

370

     b.  If no towing business providing such service is located

371

within the area of towing limitations set forth in sub-

372

subparagraph a., the following limitations apply: any towed or

373

removed vehicle or vessel must be stored at a site within a 20-

374

mile radius of the point of removal in any county of 500,000

375

population or more, and within a 30-mile radius of the point of

376

removal in any county of less than 500,000 population.

377

     2.  The person or firm towing or removing the vehicle or

378

vessel shall, within 30 minutes after completion of such towing

379

or removal, notify the municipal police department or, in an

380

unincorporated area, the sheriff, of such towing or removal, the

381

storage site, the time the vehicle or vessel was towed or

382

removed, and the make, model, color, and license plate number of

383

the vehicle or description and registration number of the vessel

384

and shall obtain the name of the person at that department to

385

whom such information was reported and note that name on the trip

386

record.

387

     3.  A person in the process of towing or removing a vehicle

388

or vessel from the premises or parking lot in which the vehicle

389

or vessel is not lawfully parked must stop when a person seeks

390

the return of the vehicle or vessel. The vehicle or vessel must

391

be returned upon the payment of a reasonable service fee of not

392

more than one-half of the posted rate for the towing or removal

393

service as provided in subparagraph 6. The vehicle or vessel may

394

be towed or removed if, after a reasonable opportunity, the owner

395

or legally authorized person in control of the vehicle or vessel

396

is unable to pay the service fee. If the vehicle or vessel is

397

redeemed, a detailed signed receipt must be given to the person

398

redeeming the vehicle or vessel.

399

     4.  A person may not pay or accept money or other valuable

400

consideration for the privilege of towing or removing vehicles or

401

vessels from a particular location.

402

     5.  Except for property appurtenant to and obviously a part

403

of a single-family residence, and except for instances when

404

notice is personally given to the owner or other legally

405

authorized person in control of the vehicle or vessel that the

406

area in which that vehicle or vessel is parked is reserved or

407

otherwise unavailable for unauthorized vehicles or vessels and

408

that the vehicle or vessel is subject to being removed at the

409

owner's or operator's expense, any property owner or lessee, or

410

person authorized by the property owner or lessee, before prior

411

to towing or removing any vehicle or vessel from private property

412

without the consent of the owner or other legally authorized

413

person in control of that vehicle or vessel, must post a notice

414

meeting the following requirements:

415

     a.  The notice must be prominently placed at each driveway

416

access or curb cut allowing vehicular access to the property,

417

within 5 feet from the public right-of-way line. If there are no

418

curbs or access barriers, the signs must be posted not less than

419

one sign for each 25 feet of lot frontage.

420

     b.  The notice must clearly indicate, in not less than 2-

421

inch high, light-reflective letters on a contrasting background,

422

that unauthorized vehicles will be towed away at the owner's

423

expense. The words "tow-away zone" must be included on the sign

424

in not less than 4-inch high letters.

425

     c.  The notice must also provide the name and current

426

telephone number of the person or firm towing or removing the

427

vehicles or vessels.

428

     d.  The sign structure containing the required notices must

429

be permanently installed with the words "tow-away zone" not less

430

than 3 feet and not more than 6 feet above ground level and must

431

be continuously maintained on the property for not less than 24

432

hours before prior to the towing or removal of any vehicles or

433

vessels.

434

     e.  The local government may require permitting and

435

inspection of these signs before prior to any towing or removal

436

of vehicles or vessels is being authorized.

437

     f.  A business with 20 or fewer parking spaces satisfies the

438

notice requirements of this subparagraph by prominently

439

displaying a sign stating "Reserved Parking for Customers Only

440

Unauthorized Vehicles or Vessels Will be Towed Away At the

441

Owner's Expense" in not less than 4-inch high, light-reflective

442

letters on a contrasting background.

443

     g.  A property owner towing or removing vessels from real

444

property must post notice, consistent with the requirements in

445

sub-subparagraphs a.-f., which apply to vehicles, that

446

unauthorized vehicles or vessels will be towed away at the

447

owner's expense.

448

449

A business owner or lessee may authorize the removal of a vehicle

450

or vessel by a towing company when the vehicle or vessel is

451

parked in such a manner that restricts the normal operation of

452

business; and if a vehicle or vessel parked on a public right-of-

453

way obstructs access to a private driveway the owner, lessee, or

454

agent may have the vehicle or vessel removed by a towing company

455

upon signing an order that the vehicle or vessel be removed

456

without a posted tow-away zone sign.

457

     6.  Any person or firm that tows or removes vehicles or

458

vessels and proposes to require an owner, operator, or person in

459

control of a vehicle or vessel to pay the costs of towing and

460

storage before prior to redemption of the vehicle or vessel must

461

file and keep on record with the local law enforcement agency a

462

complete copy of the current rates to be charged for such

463

services and post at the storage site an identical rate schedule

464

and any written contracts with property owners, lessees, or

465

persons in control of property which authorize such person or

466

firm to remove vehicles or vessels as provided in this section.

467

     7.  Any person or firm towing or removing any vehicles or

468

vessels from private property without the consent of the owner or

469

other legally authorized person in control of the vehicles or

470

vessels shall, on any trucks, wreckers as defined in s. 713.78(1)

471

s. 713.78(1)(c), or other vehicles used in the towing or removal,

472

have the name, address, and telephone number of the company

473

performing such service clearly printed in contrasting colors on

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the driver and passenger sides of the vehicle. The name shall be

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in at least 3-inch permanently affixed letters, and the address

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and telephone number shall be in at least 1-inch permanently

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affixed letters.

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     8.  Vehicle entry for the purpose of removing the vehicle or

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vessel shall be allowed with reasonable care on the part of the

480

person or firm towing the vehicle or vessel. Such person or firm

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shall be liable for any damage occasioned to the vehicle or

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vessel if such entry is not in accordance with the standard of

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reasonable care.

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     9.  When a vehicle or vessel has been towed or removed

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pursuant to this section, it must be released to its owner or

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custodian within one hour after requested. Any vehicle or vessel

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owner or agent shall have the right to inspect the vehicle or

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vessel before accepting its return, and no release or waiver of

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any kind which would release the person or firm towing the

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vehicle or vessel from liability for damages noted by the owner

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or other legally authorized person at the time of the redemption

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may be required from any vehicle or vessel owner, custodian, or

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agent as a condition of release of the vehicle or vessel to its

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owner. A detailed, signed receipt showing the legal name of the

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company or person towing or removing the vehicle or vessel must

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be given to the person paying towing or storage charges at the

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time of payment, whether requested or not.

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     Section 6.  This act shall take effect July 1, 2008.