HB 455

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; providing for application of
12	those provisions to salvage motor vehicle yards; revising
13	requirements for notice to be provided by mail to the
14	vehicle or vessel owner, insurance company, and
15	lienholders; requiring proof of mailing to be provided to
16	certain persons; revising provisions for sale of the
17	vehicle or vessel; authorizing an administrative charge;
18	providing an effective date.
19
20	Be It Enacted by the Legislature of the State of Florida:
21
22	Section 1.  Paragraph (c) of subsection (1) of section
23	125.0103, Florida Statutes, is amended to read:
24	125.0103  Ordinances and rules imposing price controls;
25	findings required; procedures.--
26	(1)
27	(c)  Counties must establish maximum rates which may be
28	charged on the towing of vehicles from or immobilization of
29	vehicles on private property, removal and storage of wrecked or
30	disabled vehicles from an accident scene or for the removal and
31	storage of vehicles, in the event the owner or operator is
32	incapacitated, unavailable, leaves the procurement of wrecker
33	service to the law enforcement officer at the scene, or
34	otherwise does not consent to the removal of the vehicle.
35	However, if a municipality chooses to enact an ordinance
36	establishing the maximum fees for the towing or immobilization
37	of vehicles as described in paragraph (b), the county's
38	ordinance shall not apply within such municipality. Except as
39	provided by a municipality, the rates for a county that has not
40	established rates shall be the rates established for the wrecker
41	operator system of the Division of Florida Highway Patrol of the
42	Department of Highway Safety and Motor Vehicles under s.
43	321.051.
44	Section 2.  Paragraph (c) of subsection (1) of section
45	166.043, Florida Statutes, is amended to read:
46	166.043  Ordinances and rules imposing price controls;
47	findings required; procedures.--
48	(1)
49	(c)  Counties must establish maximum rates which may be
50	charged on the towing of vehicles from or immobilization of
51	vehicles on private property, removal and storage of wrecked or
52	disabled vehicles from an accident scene or for the removal and
53	storage of vehicles, in the event the owner or operator is
54	incapacitated, unavailable, leaves the procurement of wrecker
55	service to the law enforcement officer at the scene, or
56	otherwise does not consent to the removal of the vehicle.
57	However, if a municipality chooses to enact an ordinance
58	establishing the maximum fees for the towing or immobilization
59	of vehicles as described in paragraph (b), the county's
60	ordinance established under s. 125.0103 shall not apply within
61	such municipality. Unless provided by the county, in a
62	municipality that has not established rates, the rates shall be
63	the rates established for the wrecker operator system of the
64	Division of Florida Highway Patrol of the Department of Highway
65	Safety and Motor Vehicles under s. 321.051.
66	Section 3.  Subsection (2) of section 321.051, Florida
67	Statutes, is amended to read:
68	321.051  Florida Highway Patrol wrecker operator system;
69	penalties for operation outside of system.--
70	(2)  The Division of Florida Highway Patrol of the
71	Department of Highway Safety and Motor Vehicles is authorized to
72	establish within areas designated by the patrol a wrecker
73	operator system using qualified, reputable wrecker operators for
74	removal and storage of wrecked or disabled vehicles from a crash
75	scene or for removal and storage of abandoned vehicles, in the
76	event the owner or operator is incapacitated or unavailable or
77	leaves the procurement of wrecker service to the officer at the
78	scene. All reputable wrecker operators shall be eligible for use
79	in the system provided their equipment and drivers meet
80	recognized safety qualifications and mechanical standards set by
81	rules of the Division of Florida Highway Patrol for the size of
82	vehicle it is designed to handle. The division is authorized to
83	limit the number of wrecker operators participating in the
84	wrecker operator system, which authority shall not affect
85	wrecker operators currently participating in the system
86	established by this section. The division shall is authorized to
87	establish maximum rates for the towing and storage of vehicles
88	removed at the division's request, where such rates have not
89	been set by a county or municipality pursuant to s. 125.0103 or
90	s. 166.043. These rates must be reviewed biennially in June for
91	the purpose of ensuring that the rates are equitable. Such rates
92	shall not be considered rules for the purpose of chapter 120;
93	however, the department shall establish by rule a procedure for
94	setting such rates. Any provision in chapter 120 to the contrary
95	notwithstanding, a final order of the department denying,
96	suspending, or revoking a wrecker operator's participation in
97	the system shall be reviewable in the manner and within the time
98	provided by the Florida Rules of Appellate Procedure only by a
99	writ of certiorari issued by the circuit court in the county
100	wherein such wrecker operator resides.
101	Section 4.  Subsections (4) and (6) of section 713.78,
102	Florida Statutes, are amended to read:
103	713.78  Liens for recovering, towing, or storing vehicles
104	and vessels.--
105	(2)  Whenever a person regularly engaged in the business of
106	transporting vehicles or vessels by wrecker, tow truck, or car
107	carrier recovers, removes, or stores a vehicle or vessel upon
108	instructions from:
109	(a)  The owner thereof;
110	(b)  The owner or lessor, or a person authorized by the
111	owner or lessor, of property on which such vehicle or vessel is
112	wrongfully parked, and the removal is done in compliance with s.
113	715.07; or
114	(c)  Any law enforcement agency,
115
116	she or he shall have a lien on the vehicle or vessel for a
117	reasonable towing fee and for a reasonable storage fee; except
118	that no storage fee shall be charged if the vehicle is stored
119	for less than 6 hours.
120	(4)(a)  Any person regularly engaged in the business of
121	recovering, towing, or storing vehicles or vessels who comes
122	into possession of a vehicle or vessel pursuant to subsection
123	(2), and who claims a lien for recovery, towing, or storage
124	services, shall give notice to the registered owner, to the
125	insurance company insuring the vehicle notwithstanding the
126	provisions of s. 627.736, and to all persons claiming a lien
127	thereon, as disclosed by the records in the Department of
128	Highway Safety and Motor Vehicles or of a corresponding agency
129	in any other state.
130	(b)  Whenever any law enforcement agency authorizes the
131	removal of a vehicle or vessel or whenever any towing service,
132	garage, repair shop, salvage motor vehicle yard, or automotive
133	service, storage, or parking place notifies the law enforcement
134	agency of possession of a vehicle or vessel pursuant to s.
135	715.07(2)(a)2., the applicable law enforcement agency shall
136	contact the Department of Highway Safety and Motor Vehicles, or
137	the appropriate agency of the state of registration, if known,
138	within 24 hours through the medium of electronic communications,
139	giving the full description of the vehicle or vessel. Upon
140	receipt of the full description of the vehicle or vessel, the
141	department shall search its files to determine the owner's name,
142	the insurance company insuring the vehicle or vessel, and
143	whether any person has filed a lien upon the vehicle or vessel
144	as provided in s. 319.27(2) and (3) and notify the applicable
145	law enforcement agency within 72 hours. The person in charge of
146	the towing service, garage, repair shop, salvage motor vehicle
147	yard, or automotive service, storage, or parking place shall
148	obtain such information from the applicable law enforcement
149	agency within 5 days after the date of storage and shall give
150	notice pursuant to paragraph (a). The department may release the
151	insurance company information to the requestor notwithstanding
152	the provisions of s. 627.736.
153	(c)  Notice by certified mail, return receipt requested,
154	shall be sent within 7 business days after the date of storage
155	of the vehicle or vessel to the registered owner, the insurance
156	company insuring the vehicle notwithstanding the provisions of
157	s. 627.736, and all persons of record claiming a lien against
158	the vehicle or vessel. Proof of mailing must be provided upon
159	request to any person involved in an action. The notice must It
160	shall state the fact of possession of the vehicle or vessel,
161	that a lien as provided in subsection (2) is claimed, that
162	charges have accrued and the amount thereof, that the lien is
163	subject to enforcement pursuant to law, and that the owner or
164	lienholder, if any, has the right to a hearing as set forth in
165	subsection (5), and that any vehicle or vessel that which
166	remains unclaimed, or for which the charges for recovery,
167	towing, or storage services remain unpaid, may be sold free of
168	all prior liens after 35 days if the vehicle or vessel is more
169	than 3 years of age or after 50 days if the vehicle or vessel is
170	3 years of age or less.
171	(d)  If attempts to locate the name and address of the
172	owner or lienholder prove unsuccessful, the towing-storage
173	operator shall, after 7 working days, excluding Saturday and
174	Sunday, following of the initial tow or storage, notify the
175	public agency of jurisdiction in writing by certified mail or
176	acknowledged hand delivery that the towing-storage company has
177	been unable to locate the name and address of the owner or
178	lienholder and a physical search of the vehicle or vessel has
179	disclosed no ownership information and a good faith effort has
180	been made. Proof of mailing must be provided upon request to any
181	person involved in an action. For purposes of this paragraph and
182	subsection (9), "good faith effort" means that the following
183	checks have been performed by the company to establish prior
184	state of registration and for title:
185	1.  Check of vehicle or vessel for any type of tag, tag
186	record, temporary tag, or regular tag.
187	2.  Check of law enforcement report for tag number or other
188	information identifying the vehicle or vessel, if the vehicle or
189	vessel was towed at the request of a law enforcement officer.
190	3.  Check of trip sheet or tow ticket of tow truck operator
191	to see if a tag was on vehicle or vessel at beginning of tow, if
192	private tow.
193	4.  If there is no address of the owner on the impound
194	report, check of law enforcement report to see if an out-of-
195	state address is indicated from driver license information.
196	5.  Check of vehicle or vessel for inspection sticker or
197	other stickers and decals that may indicate a state of possible
198	registration.
199	6.  Check of the interior of the vehicle or vessel for any
200	papers that may be in the glove box, trunk, or other areas for a
201	state of registration.
202	7.  Check of vehicle for vehicle identification number.
203	8.  Check of vessel for vessel registration number.
204	9.  Check of vessel hull for a hull identification number
205	which should be carved, burned, stamped, embossed, or otherwise
206	permanently affixed to the outboard side of the transom or, if
207	there is no transom, to the outmost seaboard side at the end of
208	the hull that bears the rudder or other steering mechanism.
209	(6)  Any vehicle or vessel which is stored pursuant to
210	subsection (2) that and which remains unclaimed, or for which
211	reasonable charges for recovery, towing, or storage services
212	storing remain unpaid, and any contents not released pursuant to
213	subsection (10), may be sold by the owner or operator of the
214	storage space for such recovery, towing, or storage charges, and
215	the charge for administrative costs authorized under this
216	subsection, charge after 35 days following from the time the
217	vehicle or vessel is stored therein if the vehicle or vessel is
218	more than 3 years of age or after 50 days following the time the
219	vehicle or vessel is stored therein if the vehicle or vessel is
220	3 years of age or less. The sale shall be at public auction for
221	cash. A charge for administrative costs is authorized if it is
222	based on the applicable administrative charge set by city or
223	county ordinance or, if an administrative charge is not set by
224	ordinance, if it is not more than the lesser of $100 or 30
225	percent of the unpaid recovery, towing, and storage charges. If
226	the date of the sale was not included in the notice required in
227	subsection (4), notice of the sale shall be given to the person
228	in whose name the vehicle or vessel is registered and to all
229	persons claiming a lien on the vehicle or vessel as shown on the
230	records of the Department of Highway Safety and Motor Vehicles
231	or of the corresponding agency in any other state. Notice shall
232	be sent by certified mail, return receipt requested, to the
233	owner of the vehicle or vessel and the person having the
234	recorded lien on the vehicle or vessel at the address shown on
235	the records of the registering agency and shall be mailed not
236	less than 15 days before the date of the sale. Proof of mailing
237	must be provided upon request to any person involved in an
238	action. After diligent search and inquiry, if the name and
239	address of the registered owner or the owner of the recorded
240	lien cannot be ascertained, the requirements of notice by mail
241	may be dispensed with. In addition to the notice by mail, public
242	notice of the time and place of sale shall be made by publishing
243	a notice thereof one time, at least 10 days prior to the date of
244	the sale, in a newspaper of general circulation in the county in
245	which the sale is to be held. The proceeds of the sale, after
246	payment of reasonable recovery, towing, and storage charges, and
247	costs of the sale, in that order of priority, shall be deposited
248	with the clerk of the circuit court for the county if the owner
249	is absent, and the clerk shall hold such proceeds subject to the
250	claim of the person legally entitled thereto. The clerk shall be
251	entitled to receive 5 percent of such proceeds for the care and
252	disbursement thereof. The certificate of title issued under this
253	law shall be discharged of all liens unless otherwise provided
254	by court order.
255	Section 5.  This act shall take effect July 1, 2008.

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