HB 1175

1
A bill to be entitled
2An act relating to the recovery, towing, and storage of
3vehicles and vessels; amending s. 322.34, F.S.; deleting
4provisions requiring a return receipt for the notice sent
5by certified mail to the owner and lienholders of an
6impounded or immobilized vehicle; authorizing the
7lienholder of an impounded or immobilized vehicle to file
8a complaint to determine if the vehicle was wrongfully
9taken or withheld and to have the vehicle released by
10posting a bond or other security; requiring a lienholder
11who does not prevail in court to pay certain
12immobilization, impoundment, towing, and storage charges;
13requiring the lienholder to notify the towing or storage
14company of any loss or damage to the vehicle or its
15contents; amending s. 713.78, F.S.; specifying which law
16enforcement agency is responsible for notifying the
17Department of Highway Safety and Motor Vehicles or
18corresponding agency in another state of a vehicle's or
19vessel's removal or possession by a recovery, towing, or
20storage service; deleting provisions requiring a return
21receipt for the notice sent by certified mail to the
22owner, insurance company, and lienholder of a vehicle or
23vessel in the possession of a recovery, towing, or storage
24service; specifying which public agency a towing-storage
25operator is required to notify if the operator is unable
26to locate the owner or lienholder of a vehicle or vessel;
27limiting the county court in which an owner or lienholder
28of a removed vehicle or vessel may file a complaint to
29determine if his or her property was wrongfully taken or
30withheld; deleting a requirement that the public sale of
31an unclaimed vehicle or vessel be at auction; deleting a
32provision requiring a return receipt for the notice of the
33sale sent by certified mail to the owner and lienholders
34of the vehicle or vessel; requiring deposit of the
35proceeds of the vehicle's or vessel's sale with the clerk
36of circuit court if the owner or lienholder is absent;
37authorizing an owner or lienholder to file a complaint in
38a certain county court; providing for the award of
39damages, attorney's fees, and costs; requiring a recovery,
40towing, or storage service to permit a lienholder or agent
41to inspect the vehicle or vessel and release personal
42property to the lienholder or agent; requiring certain
43evidence of the owner's or lienholder's authority for an
44agent to inspect a vehicle or vessel or receive personal
45property in the vehicle or vessel; providing an effective
46date.
47
48Be It Enacted by the Legislature of the State of Florida:
49
50     Section 1.  Paragraphs (c), (d), and (f) of subsection (8)
51of section 322.34, Florida Statutes, are amended to read:
52     322.34  Driving while license suspended, revoked, canceled,
53or disqualified.--
54     (8)
55     (c)  Within 7 business days after the date the arresting
56agency impounds or immobilizes the vehicle, either the arresting
57agency or the towing service, whichever is in possession of the
58vehicle, shall send notice by certified mail, return receipt
59requested, to any coregistered owners of the vehicle other than
60the person arrested and to each person of record claiming a lien
61against the vehicle. All costs and fees for the impoundment or
62immobilization, including the cost of notification, must be paid
63by the owner of the vehicle or, if the vehicle is leased, by the
64person leasing the vehicle.
65     (d)  Either the arresting agency or the towing service,
66whichever is in possession of the vehicle, shall determine
67whether any vehicle impounded or immobilized under this section
68is has been leased or rented or if there are any persons of
69record with a lien upon the vehicle. Either the arresting agency
70or the towing service, whichever is in possession of the
71vehicle, shall notify by express courier service with receipt,
72or by certified mail, return receipt requested, within 7
73business days after the date of the immobilization or
74impoundment of the vehicle, the registered owner and all persons
75having a recorded lien against the vehicle that the vehicle is
76has been impounded or immobilized. A lessor, rental car company,
77or lienholder may then obtain the vehicle, upon payment of any
78lawful towing or storage charges. If the vehicle is a rental
79vehicle subject to a written contract, the charges may be
80separately charged to the renter, in addition to the rental
81rate, along with other separate fees, charges, and recoupments
82disclosed on the rental agreement. If the storage facility fails
83to provide timely notice to a lessor, rental car company, or
84lienholder as required by this paragraph, the storage facility
85is shall be responsible for payment of any towing or storage
86charges necessary to release the vehicle to a lessor, rental car
87company, or lienholder that accrue after the notice period,
88which charges may then be assessed against the driver of the
89vehicle if the vehicle was lawfully impounded or immobilized.
90     (f)  The owner or lienholder of a vehicle that is impounded
91or immobilized under this subsection may, within 10 days after
92the date the owner or lienholder has knowledge of the location
93of the vehicle, file a complaint in the county in which the
94owner resides to determine whether the vehicle was wrongfully
95taken or withheld. Upon the filing of a complaint, the owner or
96lienholder may have the vehicle released by posting with the
97court a bond or other adequate security equal to the amount of
98the costs and fees for impoundment or immobilization, including
99towing or storage, to ensure the payment of such costs and fees
100if the owner or lienholder does not prevail. When the vehicle
101owner or lienholder does not prevail on a complaint that the
102vehicle was wrongfully taken or withheld, he or she must pay the
103accrued charges for the immobilization or impoundment, including
104any towing and storage charges assessed against the vehicle.
105When the bond is posted and the fee is paid as set forth in s.
10628.24, the clerk of the court shall issue a certificate
107releasing the vehicle. At the time of release, after reasonable
108inspection, the owner or lienholder must give a receipt to the
109towing or storage company indicating any loss or damage to the
110vehicle 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
113Statutes, are amended to read:
114     713.78  Liens for recovering, towing, or storing vehicles
115and vessels.--
116     (4)(a)  Any person regularly engaged in the business of
117recovering, towing, or storing vehicles or vessels who comes
118into possession of a vehicle or vessel pursuant to subsection
119(2), and who claims a lien for recovery, towing, or storage
120services, shall give notice to the registered owner, the
121insurance company insuring the vehicle notwithstanding the
122provisions of s. 627.736, and to all persons claiming a lien
123thereon, as disclosed by the records in the Department of
124Highway Safety and Motor Vehicles or of a corresponding agency
125in any other state.
126     (b)  Whenever any law enforcement agency authorizes the
127removal of a vehicle or vessel or whenever any towing service,
128garage, repair shop, or automotive service, storage, or parking
129place notifies the law enforcement agency of possession of a
130vehicle or vessel pursuant to s. 715.07(2)(a)2., the applicable
131law enforcement agency of the jurisdiction in which the vehicle
132or vessel is stored shall contact the Department of Highway
133Safety and Motor Vehicles, or the appropriate agency of the
134state of registration, if known, within 24 hours through the
135medium of electronic communications, giving the full description
136of the vehicle or vessel. Upon receipt of the full description
137of the vehicle or vessel, the department shall search its files
138to determine the owner's name, the insurance company insuring
139the vehicle or vessel, and whether any person has filed a lien
140upon the vehicle or vessel as provided in s. 319.27(2) and (3)
141and notify the applicable law enforcement agency within 72
142hours. The person in charge of the towing service, garage,
143repair shop, or automotive service, storage, or parking place
144shall obtain such information from the applicable law
145enforcement agency within 5 days after the date of storage and
146shall give notice pursuant to paragraph (a). The department may
147release the insurance company information to the requestor
148notwithstanding the provisions of s. 627.736.
149     (c)  Notice by certified mail, return receipt requested,
150shall be sent within 7 business days after the date of storage
151of the vehicle or vessel to the registered owner, the insurance
152company insuring the vehicle notwithstanding the provisions of
153s. 627.736, and all persons of record claiming a lien against
154the vehicle or vessel. It shall state the fact of possession of
155the vehicle or vessel, that a lien as provided in subsection (2)
156is claimed, that charges have accrued and the amount thereof,
157that the lien is subject to enforcement pursuant to law, and
158that the owner or lienholder, if any, has the right to a hearing
159as set forth in subsection (5), and that any vehicle or vessel
160which remains unclaimed, or for which the charges for recovery,
161towing, or storage services remain unpaid, may be sold free of
162all prior liens after 35 days if the vehicle or vessel is more
163than 3 years of age or after 50 days if the vehicle or vessel is
1643 years of age or less.
165     (d)  If attempts to locate the name and address of the
166owner or lienholder prove unsuccessful, the towing-storage
167operator shall, after 7 working days, excluding Saturday and
168Sunday, of the initial tow or storage, notify the public agency
169of the jurisdiction in which the vehicle or vessel is stored in
170writing by certified mail or acknowledged hand delivery that the
171towing-storage company is has been unable to locate the name and
172address of the owner or lienholder and a physical search of the
173vehicle or vessel has disclosed no ownership information and a
174good faith effort was has been made. For purposes of this
175paragraph and subsection (9), "good faith effort" means that the
176following checks have been performed by the company to establish
177prior state of registration and for title:
178     1.  Check of vehicle or vessel for any type of tag, tag
179record, temporary tag, or regular tag.
180     2.  Check of law enforcement report for tag number or other
181information identifying the vehicle or vessel, if the vehicle or
182vessel was towed at the request of a law enforcement officer.
183     3.  Check of trip sheet or tow ticket of tow truck operator
184to see if a tag was on vehicle or vessel at beginning of tow, if
185private tow.
186     4.  If there is no address of the owner on the impound
187report, check of law enforcement report to see if an out-of-
188state address is indicated from driver license information.
189     5.  Check of vehicle or vessel for inspection sticker or
190other stickers and decals that may indicate a state of possible
191registration.
192     6.  Check of the interior of the vehicle or vessel for any
193papers that may be in the glove box, trunk, or other areas for a
194state 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
198which should be carved, burned, stamped, embossed, or otherwise
199permanently affixed to the outboard side of the transom or, if
200there is no transom, to the outmost seaboard side at the end of
201the hull that bears the rudder or other steering mechanism.
202     (5)(a)  The owner of a vehicle or vessel removed pursuant
203to the provisions of subsection (2), or any person claiming a
204lien, other than the towing-storage operator, within 10 days
205after the time she or he has knowledge of the location of the
206vehicle or vessel, may file a complaint in the county court of
207the county in which the vehicle or vessel is stored or in which
208the owner resides to determine if her or his property was
209wrongfully taken or withheld from her or him.
210     (6)  Any vehicle or vessel which is stored pursuant to
211subsection (2) and which remains unclaimed, or for which
212reasonable charges for recovery, towing, or storing remain
213unpaid, and any contents not released pursuant to subsection
214(10), may be sold for cash at a public sale by the owner or
215operator of the storage space for such towing or storage charge
216after 35 days from the time the vehicle or vessel is stored
217therein if the vehicle or vessel is more than 3 years of age or
218after 50 days following the time the vehicle or vessel is stored
219therein if the vehicle or vessel is 3 years of age or less. The
220sale shall be at public auction for cash. If the date of the
221sale was not included in the notice required in subsection (4),
222notice of the sale shall be given to the person in whose name
223the vehicle or vessel is registered and to all persons claiming
224a lien on the vehicle or vessel as shown on the records of the
225Department of Highway Safety and Motor Vehicles or of the
226corresponding agency in any other state. Notice shall be sent by
227certified mail, return receipt requested, to the owner of the
228vehicle or vessel and the person having the recorded lien on the
229vehicle or vessel at the address shown on the records of the
230registering agency and shall be mailed not less than 15 days
231before the date of the sale. After diligent search and inquiry,
232if the name and address of the registered owner or the owner of
233the recorded lien cannot be ascertained, the requirements of
234notice by mail may be dispensed with. In addition to the notice
235by mail, public notice of the time and place of sale shall be
236made by publishing a notice thereof one time, at least 10 days
237before prior to the date of the sale, in a newspaper of general
238circulation in the county in which the sale is to be held. The
239proceeds of the sale, after payment of reasonable towing and
240storage charges, and costs of the sale, in that order of
241priority, shall be deposited with the clerk of the circuit court
242for the county if the owner or lienholder is absent, and the
243clerk shall hold the such proceeds subject to the claim of the
244owner or lienholder who is person legally entitled to the
245proceeds thereto. The clerk is shall be entitled to receive 5
246percent of the such proceeds for the care and disbursement
247thereof. The certificate of title issued under this law shall be
248discharged of all liens unless otherwise provided by court
249order. After the vehicle or vessel is sold, the owner or
250lienholder may file a complaint in the county court of the
251county in which the vehicle or vessel is stored. Upon
252determining the respective rights of the parties, the court may
253award damages, attorney's fees, and costs in favor of the
254prevailing party.
255     (10)  Persons who provide services pursuant to this section
256shall permit vehicle or vessel owners, lienholders, or their
257agents, which agency is evidenced by an original writing
258acknowledged by the owner before a notary public or other person
259empowered by law to administer oaths, to inspect the towed
260vehicle or vessel and shall release to the owner, lienholder, or
261agent the vehicle, vessel, or all personal property not affixed
262to the vehicle or vessel which was in the vehicle or vessel at
263the time the vehicle or vessel came into the custody of the
264person providing such services. An agent's authority to inspect
265the vehicle or vessel and receive personal property in the
266vehicle or vessel must be evidenced by an original writing
267acknowledged by the owner or lienholder before a notary public
268or before another person empowered by law to administer oaths.
269     Section 3.  This act shall take effect July 1, 2009.


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