Florida Senate - 2014 CS for SB 974
By the Committee on Transportation; and Senator Abruzzo
596-02584-14 2014974c1
1 A bill to be entitled
2 An act relating to towing of vehicles and vessels;
3 amending s. 715.07, F.S.; authorizing an owner or
4 lessee of real property to have a vehicle or vessel
5 removed from the property without certain signage if
6 the vehicle or vessel has remained on the property for
7 a specified period; providing that the specified
8 period does not begin until a certain notice is
9 physically attached to the vehicle or vessel;
10 providing requirements for the notice; providing an
11 effective date.
12
13 Be It Enacted by the Legislature of the State of Florida:
14
15 Section 1. Section 715.07, Florida Statutes, is amended to
16 read:
17 715.07 Vehicles or vessels parked on private property;
18 towing.—
19 (1) As used in this section, the term:
20 (a) “Vehicle” means a any mobile item that which normally
21 uses wheels, whether motorized or not.
22 (b) “Vessel” means every description of watercraft, barge,
23 and airboat used or capable of being used as a means of
24 transportation on water, other than a seaplane or a “documented
25 vessel” as defined in s. 327.02(9).
26 (2) The owner or lessee of real property, or a any person
27 authorized by the owner or lessee, which person may be the
28 designated representative of the condominium association if the
29 real property is a condominium, may cause a any vehicle or
30 vessel parked on such property without her or his permission to
31 be removed by a person regularly engaged in the business of
32 towing vehicles or vessels, without liability for the costs of
33 removal, transportation, or storage or damages caused by such
34 removal, transportation, or storage, under any of the following
35 circumstances:
36 (a) The towing or removal of a any vehicle or vessel from
37 private property without the consent of the registered owner or
38 other legally authorized person in control of that vehicle or
39 vessel is subject to strict compliance with the following
40 conditions and restrictions:
41 1.a. A Any towed or removed vehicle or vessel must be
42 stored at a site within a 10-mile radius of the point of removal
43 in a any county with a population of 500,000 population or more
44 or, and within a 15-mile radius of the point of removal in a any
45 county with a population of less than 500,000 population. That
46 site must be open for the purpose of redemption of vehicles from
47 8 a.m. to 6 p.m. on any day that the person or firm towing such
48 vehicle or vessel is open for towing purposes, from 8:00 a.m. to
49 6:00 p.m., and, when closed, shall have prominently posted a
50 sign indicating a telephone number where the operator of the
51 site can be reached at all times. Upon receipt of a telephoned
52 request to open the site to redeem a vehicle or vessel, the
53 operator must shall return to the site within 1 hour or she or
54 he will be in violation of this section.
55 b. If no towing business providing such service is located
56 within the area of towing limitations under set forth in sub
57 subparagraph a., the following limitations apply: a any towed or
58 removed vehicle or vessel must be stored at a site within a 20
59 mile radius of the point of removal in a any county with a
60 population of 500,000 population or more or, and within a 30
61 mile radius of the point of removal in a any county with a
62 population of less than 500,000 population.
63 2. Within 30 minutes after completion of the towing or
64 removal, the person or firm that towed or removed towing or
65 removing the vehicle or vessel must shall, within 30 minutes
66 after completion of such towing or removal, notify the municipal
67 police department or, in an unincorporated area, the sheriff,
68 of: the such towing or removal;, the storage site;, the time the
69 vehicle or vessel was towed or removed;, and the make, model,
70 color, and license plate number of the vehicle or description
71 and registration number of the vessel. The person or firm and
72 shall note on the trip record obtain the name of the person at
73 that department to whom such information was reported and note
74 that name on the trip record.
75 3. A person in the process of towing or removing a vehicle
76 or vessel from the premises or parking lot in which the vehicle
77 or vessel is not lawfully parked must stop when a person seeks
78 the return of the vehicle or vessel. The vehicle or vessel must
79 be returned upon the payment of a reasonable service fee of not
80 more than one-half of the posted rate for the towing or removal
81 service as provided in subparagraph 7. 6. The vehicle or vessel
82 may be towed or removed if, after a reasonable opportunity, the
83 owner or legally authorized person in control of the vehicle or
84 vessel is unable to pay the service fee. If the vehicle or
85 vessel is redeemed, a detailed signed receipt must be given to
86 the person redeeming the vehicle or vessel.
87 4. A person may not pay or accept money or other valuable
88 consideration for the privilege of towing or removing vehicles
89 or vessels from a particular location.
90 5. Except when the for property is appurtenant to and
91 obviously a part of a single-family residence or, and except for
92 instances when notice is personally given to the owner or other
93 legally authorized person in control of the vehicle or vessel
94 that the area in which that vehicle or vessel is parked is
95 reserved or otherwise unavailable for unauthorized vehicles or
96 vessels and that the vehicle or vessel is subject to being
97 removed at the owner’s or operator’s expense, before towing or
98 removing a vehicle or vessel from private property without the
99 consent of the owner or other legally authorized person in
100 control of that vehicle or vessel, a any property owner or
101 lessee, or person authorized by the property owner or lessee,
102 prior to towing or removing any vehicle or vessel from private
103 property without the consent of the owner or other legally
104 authorized person in control of that vehicle or vessel, must
105 post a notice subject to meeting the following requirements:
106 a. The notice must:
107 (I) Be prominently placed at each driveway access or curb
108 cut allowing vehicular access to the property, within 5 feet
109 from the public right-of-way line. If there are no curbs or
110 access barriers, the signs must be posted not less than one sign
111 for each 25 feet of lot frontage.
112 (II)b. The notice must Clearly indicate, in not less than
113 2-inch high, light-reflective letters on a contrasting
114 background, that unauthorized vehicles will be towed away at the
115 owner’s expense. The words “tow-away zone” must be included on
116 the sign in not less than 4-inch high letters.
117 (III)c. The notice must also Provide the name and current
118 telephone number of the person or firm towing or removing the
119 vehicles or vessels.
120 b.d. The sign structure containing the required notices
121 must be permanently installed with the words “tow-away zone” at
122 least not less than 3 feet but no and not more than 6 feet above
123 ground level and must be continuously maintained on the property
124 for at least not less than 24 hours before prior to the towing
125 or removing a vehicle or vessel removal of any vehicles or
126 vessels.
127 e. The local government may require permitting and
128 inspection of such these signs before prior to any towing or
129 removing a vehicle or vessel is removal of vehicles or vessels
130 being authorized.
131 c.f. A business with 20 or fewer parking spaces satisfies
132 the notice requirements of this subparagraph by prominently
133 displaying a sign stating “Reserved Parking for Customers Only
134 Unauthorized Vehicles or Vessels Will be Towed Away At the
135 Owner’s Expense” in not less than 4-inch high, light-reflective
136 letters on a contrasting background.
137 d.g. A property owner towing or removing vessels from real
138 property must post notice, consistent with the requirements in
139 sub-subparagraphs a.-c. a.-f., which apply to vehicles, that
140 unauthorized vehicles or vessels will be towed away at the
141 owner’s expense.
142 6. Notwithstanding subparagraph 5., a business owner or
143 lessee may authorize the removal of a vehicle or vessel by a
144 towing company when a the vehicle or vessel is parked in such a
145 manner that restricts the normal operation of business; is and
146 if a vehicle or vessel parked on a public right-of-way in a
147 manner that obstructs access to a private driveway; or has been
148 parked or stored on private property for a period exceeding 10
149 days, the owner or, lessee, or agent of the owner or lessee, of
150 the real property may have the vehicle or vessel removed by a
151 towing company upon signing an order that the vehicle or vessel
152 be removed without a posted tow-away zone sign.
153 a. The 10-day period after which towing or removal of a
154 vehicle or vessel from real property without tow-away zone
155 signage is authorized does not begin until the owner or lessee,
156 or agent of the owner or lessee, of the real property physically
157 attaches to the vehicle or vessel with adhesive material notice
158 that the vehicle or vessel will be towed or removed from the
159 real property. The notice must:
160 (I) In the case of a vehicle, be attached to the vehicle’s
161 windshield.
162 (II) In the case of a vessel, be attached adjacent to the
163 vessel registration number on the left or port side of the
164 vessel.
165 (III) Be at least 8.5 by 11 inches in size.
166 (IV) Clearly indicate the date on which the notice was
167 posted.
168 (V) Clearly indicate in bold letters that the vehicle or
169 vessel will be towed or removed from the real property after 10
170 days from the date on which the notice was posted.
171 7.6. A Any person or firm that tows or removes vehicles or
172 vessels and proposes to require an owner, operator, or person in
173 control of a vehicle or vessel to pay the costs of towing and
174 storage before prior to redemption of the vehicle or vessel must
175 file and keep on record with the local law enforcement agency a
176 complete copy of the current rates to be charged for such
177 services and post at the storage site an identical rate schedule
178 and any written contracts with property owners, lessees, or
179 persons in control of property which authorize such person or
180 firm to remove vehicles or vessels as provided in this section.
181 8.7. A Any person or firm towing or removing any vehicles
182 or vessels from private property without the consent of the
183 owner or other legally authorized person in control of the
184 vehicles or vessels shall, on any trucks, wreckers as defined in
185 s. 713.78(1)(c), or other vehicles used in the towing or
186 removal, have the name, address, and telephone number of the
187 company performing such service clearly printed in contrasting
188 colors on the driver and passenger sides of the vehicle. The
189 name shall be in at least 3-inch, permanently affixed letters,
190 and the address and telephone number shall be in at least 1
191 inch, permanently affixed letters.
192 9.8. Vehicle entry for the purpose of removing the vehicle
193 or vessel shall be allowed with reasonable care on the part of
194 the person or firm towing the vehicle or vessel. Such person or
195 firm shall be liable for any damage occasioned to the vehicle or
196 vessel if such entry is not in accordance with the standard of
197 reasonable care.
198 10.9. When a vehicle or vessel has been towed or removed
199 pursuant to this section, it must be released to its owner or
200 custodian within 1 one hour after requested. A Any vehicle or
201 vessel owner or agent of the owner may shall have the right to
202 inspect the vehicle or vessel before accepting its return. A,
203 and no release or waiver of any kind which would release the
204 person or firm towing the vehicle or vessel from liability for
205 damages noted by the owner or other legally authorized person at
206 the time of the redemption may not be required from a any
207 vehicle or vessel owner or, custodian, or agent of the owner or
208 custodian as a condition of release of the vehicle or vessel to
209 its owner. A detailed, signed receipt showing the legal name of
210 the company or person towing or removing the vehicle or vessel
211 must be given to the person paying towing or storage charges at
212 the time of payment, whether requested or not.
213 (b) The These requirements of this subsection are minimum
214 standards and do not preclude enactment of additional
215 regulations by a any municipality or county including the right
216 to regulate rates when vehicles or vessels are towed from
217 private property.
218 (3) This section does not apply to law enforcement,
219 firefighting, rescue squad, ambulance, or other emergency
220 vehicles or vessels that are marked as such or to property owned
221 by a any governmental entity.
222 (4) When a person improperly causes a vehicle or vessel to
223 be removed, such person shall be liable to the owner or lessee
224 of the vehicle or vessel for the cost of removal,
225 transportation, and storage; any damages resulting from the
226 removal, transportation, or storage of the vehicle or vessel;
227 attorney attorney’s fees; and court costs.
228 (5)(a) A Any person who violates subparagraph (2)(a)2. or
229 subparagraph (2)(a)7. (2)(a)6. commits a misdemeanor of the
230 first degree, punishable as provided in s. 775.082 or s.
231 775.083.
232 (b) A Any person who violates subparagraph (2)(a)1.,
233 subparagraph (2)(a)3., subparagraph (2)(a)4., subparagraph
234 (2)(a)8. (2)(a)7., or subparagraph (2)(a)10. (2)(a)9. commits a
235 felony of the third degree, punishable as provided in s.
236 775.082, s. 775.083, or s. 775.084.
237 Section 2. This act shall take effect upon becoming a law.