1 | A bill to be entitled |
2 | An act relating to the recovery, towing, and storage of |
3 | vehicles and vessels; amending s. 322.34, F.S.; deleting |
4 | provisions requiring a return receipt for the notice sent |
5 | by certified mail to the owner and lienholders of an |
6 | impounded or immobilized vehicle; authorizing the |
7 | lienholder of an impounded or immobilized vehicle to file |
8 | a complaint to determine if the vehicle was wrongfully |
9 | taken or withheld and to have the vehicle released by |
10 | posting a bond or other security; requiring a lienholder |
11 | who does not prevail in court to pay certain |
12 | immobilization, impoundment, towing, and storage charges; |
13 | requiring the lienholder to notify the towing or storage |
14 | company of any loss or damage to the vehicle or its |
15 | contents; amending s. 713.78, F.S.; specifying which law |
16 | enforcement agency is responsible for notifying the |
17 | Department of Highway Safety and Motor Vehicles or |
18 | corresponding agency in another state of a vehicle's or |
19 | vessel's removal or possession by a recovery, towing, or |
20 | storage service; deleting provisions requiring a return |
21 | receipt for the notice sent by certified mail to the |
22 | owner, insurance company, and lienholder of a vehicle or |
23 | vessel in the possession of a recovery, towing, or storage |
24 | service; specifying which public agency a towing-storage |
25 | operator is required to notify if the operator is unable |
26 | to locate the owner or lienholder of a vehicle or vessel; |
27 | limiting the county court in which an owner or lienholder |
28 | of a removed vehicle or vessel may file a complaint to |
29 | determine if his or her property was wrongfully taken or |
30 | withheld; deleting a requirement that the public sale of |
31 | an unclaimed vehicle or vessel be at auction; deleting a |
32 | provision requiring a return receipt for the notice of the |
33 | sale sent by certified mail to the owner and lienholders |
34 | of the vehicle or vessel; requiring deposit of the |
35 | proceeds of the vehicle's or vessel's sale with the clerk |
36 | of circuit court if the owner or lienholder is absent; |
37 | authorizing an owner or lienholder to file a complaint in |
38 | a certain county court; providing for the award of |
39 | damages, attorney's fees, and costs; requiring a recovery, |
40 | towing, or storage service to permit a lienholder or agent |
41 | to inspect the vehicle or vessel and release personal |
42 | property to the lienholder or agent; requiring certain |
43 | evidence of the owner's or lienholder's authority for an |
44 | agent to inspect a vehicle or vessel or receive personal |
45 | property in the vehicle or vessel; providing an effective |
46 | date. |
47 |
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48 | Be It Enacted by the Legislature of the State of Florida: |
49 |
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50 | Section 1. Paragraphs (c), (d), and (f) of subsection (8) |
51 | of section 322.34, Florida Statutes, are amended to read: |
52 | 322.34 Driving while license suspended, revoked, canceled, |
53 | or disqualified.-- |
54 | (8) |
55 | (c) Within 7 business days after the date the arresting |
56 | agency impounds or immobilizes the vehicle, either the arresting |
57 | agency or the towing service, whichever is in possession of the |
58 | vehicle, shall send notice by certified mail, return receipt |
59 | requested, to any coregistered owners of the vehicle other than |
60 | the person arrested and to each person of record claiming a lien |
61 | against the vehicle. All costs and fees for the impoundment or |
62 | immobilization, including the cost of notification, must be paid |
63 | by the owner of the vehicle or, if the vehicle is leased, by the |
64 | person leasing the vehicle. |
65 | (d) Either the arresting agency or the towing service, |
66 | whichever is in possession of the vehicle, shall determine |
67 | whether any vehicle impounded or immobilized under this section |
68 | is has been leased or rented or if there are any persons of |
69 | record with a lien upon the vehicle. Either the arresting agency |
70 | or the towing service, whichever is in possession of the |
71 | vehicle, shall notify by express courier service with receipt, |
72 | or by certified mail, return receipt requested, within 7 |
73 | business days after the date of the immobilization or |
74 | impoundment of the vehicle, the registered owner and all persons |
75 | having a recorded lien against the vehicle that the vehicle is |
76 | has been impounded or immobilized. A lessor, rental car company, |
77 | or lienholder may then obtain the vehicle, upon payment of any |
78 | lawful towing or storage charges. If the vehicle is a rental |
79 | vehicle subject to a written contract, the charges may be |
80 | separately charged to the renter, in addition to the rental |
81 | rate, along with other separate fees, charges, and recoupments |
82 | disclosed on the rental agreement. If the storage facility fails |
83 | to provide timely notice to a lessor, rental car company, or |
84 | lienholder as required by this paragraph, the storage facility |
85 | is shall be responsible for payment of any towing or storage |
86 | charges necessary to release the vehicle to a lessor, rental car |
87 | company, or lienholder that accrue after the notice period, |
88 | which charges may then be assessed against the driver of the |
89 | vehicle if the vehicle was lawfully impounded or immobilized. |
90 | (f) The owner or lienholder of a vehicle that is impounded |
91 | or immobilized under this subsection may, within 10 days after |
92 | the date the owner or lienholder has knowledge of the location |
93 | of the vehicle, file a complaint in the county in which the |
94 | owner resides to determine whether the vehicle was wrongfully |
95 | taken or withheld. Upon the filing of a complaint, the owner or |
96 | lienholder may have the vehicle released by posting with the |
97 | court a bond or other adequate security equal to the amount of |
98 | the costs and fees for impoundment or immobilization, including |
99 | towing or storage, to ensure the payment of such costs and fees |
100 | if the owner or lienholder does not prevail. When the vehicle |
101 | owner or lienholder does not prevail on a complaint that the |
102 | vehicle was wrongfully taken or withheld, he or she must pay the |
103 | accrued charges for the immobilization or impoundment, including |
104 | any towing and storage charges assessed against the vehicle. |
105 | When the bond is posted and the fee is paid as set forth in s. |
106 | 28.24, the clerk of the court shall issue a certificate |
107 | releasing the vehicle. At the time of release, after reasonable |
108 | inspection, the owner or lienholder must give a receipt to the |
109 | towing or storage company indicating any loss or damage to the |
110 | vehicle or to the contents of the vehicle. |
111 | Section 2. Subsection (4), paragraph (a) of subsection |
112 | (5), and subsections (6) and (10) of section 713.78, Florida |
113 | Statutes, are amended to read: |
114 | 713.78 Liens for recovering, towing, or storing vehicles |
115 | and vessels.-- |
116 | (4)(a) Any person regularly engaged in the business of |
117 | recovering, towing, or storing vehicles or vessels who comes |
118 | into possession of a vehicle or vessel pursuant to subsection |
119 | (2), and who claims a lien for recovery, towing, or storage |
120 | services, shall give notice to the registered owner, the |
121 | insurance company insuring the vehicle notwithstanding the |
122 | provisions of s. 627.736, and to all persons claiming a lien |
123 | thereon, as disclosed by the records in the Department of |
124 | Highway Safety and Motor Vehicles or of a corresponding agency |
125 | in any other state. |
126 | (b) Whenever any law enforcement agency authorizes the |
127 | removal of a vehicle or vessel or whenever any towing service, |
128 | garage, repair shop, or automotive service, storage, or parking |
129 | place notifies the law enforcement agency of possession of a |
130 | vehicle or vessel pursuant to s. 715.07(2)(a)2., the applicable |
131 | law enforcement agency of the jurisdiction in which the vehicle |
132 | or vessel is stored shall contact the Department of Highway |
133 | Safety and Motor Vehicles, or the appropriate agency of the |
134 | state of registration, if known, within 24 hours through the |
135 | medium of electronic communications, giving the full description |
136 | of the vehicle or vessel. Upon receipt of the full description |
137 | of the vehicle or vessel, the department shall search its files |
138 | to determine the owner's name, the insurance company insuring |
139 | the vehicle or vessel, and whether any person has filed a lien |
140 | upon the vehicle or vessel as provided in s. 319.27(2) and (3) |
141 | and notify the applicable law enforcement agency within 72 |
142 | hours. The person in charge of the towing service, garage, |
143 | repair shop, or automotive service, storage, or parking place |
144 | shall obtain such information from the applicable law |
145 | enforcement agency within 5 days after the date of storage and |
146 | shall give notice pursuant to paragraph (a). The department may |
147 | release the insurance company information to the requestor |
148 | notwithstanding the provisions of s. 627.736. |
149 | (c) Notice by certified mail, return receipt requested, |
150 | shall be sent within 7 business days after the date of storage |
151 | of the vehicle or vessel to the registered owner, the insurance |
152 | company insuring the vehicle notwithstanding the provisions of |
153 | s. 627.736, and all persons of record claiming a lien against |
154 | the vehicle or vessel. It shall state the fact of possession of |
155 | the vehicle or vessel, that a lien as provided in subsection (2) |
156 | is claimed, that charges have accrued and the amount thereof, |
157 | that the lien is subject to enforcement pursuant to law, and |
158 | that the owner or lienholder, if any, has the right to a hearing |
159 | as set forth in subsection (5), and that any vehicle or vessel |
160 | which remains unclaimed, or for which the charges for recovery, |
161 | towing, or storage services remain unpaid, may be sold free of |
162 | all prior liens after 35 days if the vehicle or vessel is more |
163 | than 3 years of age or after 50 days if the vehicle or vessel is |
164 | 3 years of age or less. |
165 | (d) If attempts to locate the name and address of the |
166 | owner or lienholder prove unsuccessful, the towing-storage |
167 | operator shall, after 7 working days, excluding Saturday and |
168 | Sunday, of the initial tow or storage, notify the public agency |
169 | of the jurisdiction in which the vehicle or vessel is stored in |
170 | writing by certified mail or acknowledged hand delivery that the |
171 | towing-storage company is has been unable to locate the name and |
172 | address of the owner or lienholder and a physical search of the |
173 | vehicle or vessel has disclosed no ownership information and a |
174 | good faith effort was has been made. For purposes of this |
175 | paragraph and subsection (9), "good faith effort" means that the |
176 | following checks have been performed by the company to establish |
177 | prior state of registration and for title: |
178 | 1. Check of vehicle or vessel for any type of tag, tag |
179 | record, temporary tag, or regular tag. |
180 | 2. Check of law enforcement report for tag number or other |
181 | information identifying the vehicle or vessel, if the vehicle or |
182 | vessel was towed at the request of a law enforcement officer. |
183 | 3. Check of trip sheet or tow ticket of tow truck operator |
184 | to see if a tag was on vehicle or vessel at beginning of tow, if |
185 | private tow. |
186 | 4. If there is no address of the owner on the impound |
187 | report, check of law enforcement report to see if an out-of- |
188 | state address is indicated from driver license information. |
189 | 5. Check of vehicle or vessel for inspection sticker or |
190 | other stickers and decals that may indicate a state of possible |
191 | registration. |
192 | 6. Check of the interior of the vehicle or vessel for any |
193 | papers that may be in the glove box, trunk, or other areas for a |
194 | state of registration. |
195 | 7. Check of vehicle for vehicle identification number. |
196 | 8. Check of vessel for vessel registration number. |
197 | 9. Check of vessel hull for a hull identification number |
198 | which should be carved, burned, stamped, embossed, or otherwise |
199 | permanently affixed to the outboard side of the transom or, if |
200 | there is no transom, to the outmost seaboard side at the end of |
201 | the hull that bears the rudder or other steering mechanism. |
202 | (5)(a) The owner of a vehicle or vessel removed pursuant |
203 | to the provisions of subsection (2), or any person claiming a |
204 | lien, other than the towing-storage operator, within 10 days |
205 | after the time she or he has knowledge of the location of the |
206 | vehicle or vessel, may file a complaint in the county court of |
207 | the county in which the vehicle or vessel is stored or in which |
208 | the owner resides to determine if her or his property was |
209 | wrongfully taken or withheld from her or him. |
210 | (6) Any vehicle or vessel which is stored pursuant to |
211 | subsection (2) and which remains unclaimed, or for which |
212 | reasonable charges for recovery, towing, or storing remain |
213 | unpaid, and any contents not released pursuant to subsection |
214 | (10), may be sold for cash at a public sale by the owner or |
215 | operator of the storage space for such towing or storage charge |
216 | after 35 days from the time the vehicle or vessel is stored |
217 | therein if the vehicle or vessel is more than 3 years of age or |
218 | after 50 days following the time the vehicle or vessel is stored |
219 | therein if the vehicle or vessel is 3 years of age or less. The |
220 | sale shall be at public auction for cash. If the date of the |
221 | sale was not included in the notice required in subsection (4), |
222 | notice of the sale shall be given to the person in whose name |
223 | the vehicle or vessel is registered and to all persons claiming |
224 | a lien on the vehicle or vessel as shown on the records of the |
225 | Department of Highway Safety and Motor Vehicles or of the |
226 | corresponding agency in any other state. Notice shall be sent by |
227 | certified mail, return receipt requested, to the owner of the |
228 | vehicle or vessel and the person having the recorded lien on the |
229 | vehicle or vessel at the address shown on the records of the |
230 | registering agency and shall be mailed not less than 15 days |
231 | before the date of the sale. After diligent search and inquiry, |
232 | if the name and address of the registered owner or the owner of |
233 | the recorded lien cannot be ascertained, the requirements of |
234 | notice by mail may be dispensed with. In addition to the notice |
235 | by mail, public notice of the time and place of sale shall be |
236 | made by publishing a notice thereof one time, at least 10 days |
237 | before prior to the date of the sale, in a newspaper of general |
238 | circulation in the county in which the sale is to be held. The |
239 | proceeds of the sale, after payment of reasonable towing and |
240 | storage charges, and costs of the sale, in that order of |
241 | priority, shall be deposited with the clerk of the circuit court |
242 | for the county if the owner or lienholder is absent, and the |
243 | clerk shall hold the such proceeds subject to the claim of the |
244 | owner or lienholder who is person legally entitled to the |
245 | proceeds thereto. The clerk is shall be entitled to receive 5 |
246 | percent of the such proceeds for the care and disbursement |
247 | thereof. The certificate of title issued under this law shall be |
248 | discharged of all liens unless otherwise provided by court |
249 | order. After the vehicle or vessel is sold, the owner or |
250 | lienholder may file a complaint in the county court of the |
251 | county in which the vehicle or vessel is stored. Upon |
252 | determining the respective rights of the parties, the court may |
253 | award damages, attorney's fees, and costs in favor of the |
254 | prevailing party. |
255 | (10) Persons who provide services pursuant to this section |
256 | shall permit vehicle or vessel owners, lienholders, or their |
257 | agents, which agency is evidenced by an original writing |
258 | acknowledged by the owner before a notary public or other person |
259 | empowered by law to administer oaths, to inspect the towed |
260 | vehicle or vessel and shall release to the owner, lienholder, or |
261 | agent the vehicle, vessel, or all personal property not affixed |
262 | to the vehicle or vessel which was in the vehicle or vessel at |
263 | the time the vehicle or vessel came into the custody of the |
264 | person providing such services. An agent's authority to inspect |
265 | the vehicle or vessel and receive personal property in the |
266 | vehicle or vessel must be evidenced by an original writing |
267 | acknowledged by the owner or lienholder before a notary public |
268 | or before another person empowered by law to administer oaths. |
269 | Section 3. This act shall take effect July 1, 2009. |