Florida Senate - 2022                                     SB 990
       
       
        
       By Senator Diaz
       
       
       
       
       
       36-00955-22                                            2022990__
    1                        A bill to be entitled                      
    2         An act relating to towing vehicles; amending s.
    3         323.001, F.S.; providing construction; prohibiting
    4         investigating agencies from releasing motor vehicles
    5         towed to an agency’s storage facility until certain
    6         proof of payment is presented to the agency;
    7         specifying that investigating agencies that do not
    8         obtain proof of payment must pay certain charges
    9         within a specified timeframe; requiring investigating
   10         agencies to pay wrecker operators charges relating to
   11         towing and storage within a specified timeframe if
   12         certain judicial findings are made; amending ss.
   13         713.78 and 715.07, F.S.; prohibiting towing companies
   14         from releasing vehicles owned by rental car companies
   15         which are towed under certain circumstances, to the
   16         person who rented the vehicle unless the rental car
   17         company appoints the person as its agent; providing
   18         requirements for such appointment; providing an
   19         effective date.
   20          
   21  Be It Enacted by the Legislature of the State of Florida:
   22  
   23         Section 1. Subsection (1), paragraph (a) of subsection (2),
   24  and subsection (3) of section 323.001, Florida Statutes, are
   25  amended to read:
   26         323.001 Wrecker operator storage facilities; vehicle
   27  holds.—
   28         (1) An investigating agency may place a hold on a motor
   29  vehicle stored within a wrecker operator’s storage facility for
   30  a period not to exceed 5 days, excluding holidays and weekends,
   31  unless extended in writing. This subsection may not be construed
   32  to prohibit an investigating agency from having a wrecker
   33  operator tow a motor vehicle directly from the scene of the tow
   34  to the investigating agency’s storage facility. If a motor
   35  vehicle is towed directly from the scene of the tow to the
   36  investigating agency’s storage facility, the vehicle may not be
   37  released by the investigating agency to the owner or lienholder
   38  of the vehicle until proof of payment of the towing and storage
   39  charges incurred by the wrecker operator is presented to the
   40  investigating agency. If the investigating agency releases the
   41  vehicle to the owner or lienholder of the vehicle without
   42  obtaining proof of payment, the investigating agency must pay
   43  the wrecker operator the accrued towing and storage charges
   44  within 60 days after the vehicle is released.
   45         (2) The investigating agency must notify the wrecker
   46  operator in writing within 5 days, excluding holidays and
   47  weekends, whether the hold is to be continued. If no
   48  notification follows this period of time, the wrecker operator
   49  may release the vehicle to the designated person pursuant to s.
   50  713.78.
   51         (a) If the hold is to continue beyond 5 days, excluding
   52  holidays and weekends, the investigating agency may have the
   53  vehicle removed to a designated impound lot, in which event the
   54  vehicle will not be released by the investigating agency to the
   55  owner or lienholder of the vehicle until proof of payment of the
   56  towing and storage charges incurred by the wrecker operator is
   57  presented to the investigating agency. If the investigating
   58  agency releases the vehicle to the owner or lienholder of the
   59  vehicle without obtaining proof of payment, the investigating
   60  agency must pay the wrecker operator the accrued towing and
   61  storage charges within 60 days after the vehicle is released.
   62         (3) If there is a judicial finding of no probable cause for
   63  having continued the immobilization or impoundment, the
   64  investigating agency ordering the hold must pay the wrecker
   65  operator the accrued charges for any towing and storage within
   66  60 days after the judicial finding.
   67         Section 2. Subsection (10) of section 713.78, Florida
   68  Statutes, is amended to read:
   69         713.78 Liens for recovering, towing, or storing vehicles
   70  and vessels.—
   71         (10) Persons who provide services pursuant to this section
   72  shall permit vehicle or vessel owners, lienholders, insurance
   73  company representatives, or their agents, which agency is
   74  evidenced by an original writing acknowledged by the owner
   75  before a notary public or other person empowered by law to
   76  administer oaths, to inspect the towed vehicle or vessel and
   77  shall release to the owner, lienholder, or agent the vehicle,
   78  vessel, or all personal property not affixed to the vehicle or
   79  vessel which was in the vehicle or vessel at the time the
   80  vehicle or vessel came into the custody of the person providing
   81  such services. For the purposes of this subsection, a rental car
   82  agreement does not constitute evidence that the person who
   83  rented a vehicle is an agent of the owner of the vehicle, and a
   84  towing company may not release a vehicle owned by a rental car
   85  company to the person who rented the vehicle unless the rental
   86  car company appoints the person who rented the vehicle as its
   87  agent. Such appointment must be evidenced in an original writing
   88  acknowledged by the rental car company before a notary public or
   89  other person empowered by law to administer oaths and must
   90  authorize the person to inspect and redeem the towed vehicle.
   91         Section 3. Paragraph (a) of subsection (2) of section
   92  715.07, Florida Statutes, is amended to read:
   93         715.07 Vehicles or vessels parked on private property;
   94  towing.—
   95         (2) The owner or lessee of real property, or any person
   96  authorized by the owner or lessee, which person may be the
   97  designated representative of the condominium association if the
   98  real property is a condominium, may cause any vehicle or vessel
   99  parked on such property without her or his permission to be
  100  removed by a person regularly engaged in the business of towing
  101  vehicles or vessels, without liability for the costs of removal,
  102  transportation, or storage or damages caused by such removal,
  103  transportation, or storage, under any of the following
  104  circumstances:
  105         (a) The towing or removal of any vehicle or vessel from
  106  private property without the consent of the registered owner or
  107  other legally authorized person in control of that vehicle or
  108  vessel is subject to substantial compliance with the following
  109  conditions and restrictions:
  110         1.a. Any towed or removed vehicle or vessel must be stored
  111  at a site within a 10-mile radius of the point of removal in any
  112  county of 500,000 population or more, and within a 15-mile
  113  radius of the point of removal in any county of fewer than
  114  500,000 population. That site must be open for the purpose of
  115  redemption of vehicles on any day that the person or firm towing
  116  such vehicle or vessel is open for towing purposes, from 8:00
  117  a.m. to 6:00 p.m., and, when closed, shall have prominently
  118  posted a sign indicating a telephone number where the operator
  119  of the site can be reached at all times. Upon receipt of a
  120  telephoned request to open the site to redeem a vehicle or
  121  vessel, the operator shall return to the site within 1 hour or
  122  she or he will be in violation of this section.
  123         b. If no towing business providing such service is located
  124  within the area of towing limitations set forth in sub
  125  subparagraph a., the following limitations apply: any towed or
  126  removed vehicle or vessel must be stored at a site within a 20
  127  mile radius of the point of removal in any county of 500,000
  128  population or more, and within a 30-mile radius of the point of
  129  removal in any county of fewer than 500,000 population.
  130         2. The person or firm towing or removing the vehicle or
  131  vessel shall, within 30 minutes after completion of such towing
  132  or removal, notify the municipal police department or, in an
  133  unincorporated area, the sheriff, of such towing or removal, the
  134  storage site, the time the vehicle or vessel was towed or
  135  removed, and the make, model, color, and license plate number of
  136  the vehicle or description and registration number of the vessel
  137  and shall obtain the name of the person at that department to
  138  whom such information was reported and note that name on the
  139  trip record.
  140         3. A person in the process of towing or removing a vehicle
  141  or vessel from the premises or parking lot in which the vehicle
  142  or vessel is not lawfully parked must stop when a person seeks
  143  the return of the vehicle or vessel. The vehicle or vessel must
  144  be returned upon the payment of a reasonable service fee of not
  145  more than one-half of the posted rate for the towing or removal
  146  service as provided in subparagraph 6. The vehicle or vessel may
  147  be towed or removed if, after a reasonable opportunity, the
  148  owner or legally authorized person in control of the vehicle or
  149  vessel is unable to pay the service fee. If the vehicle or
  150  vessel is redeemed, a detailed signed receipt must be given to
  151  the person redeeming the vehicle or vessel.
  152         4. A person may not pay or accept money or other valuable
  153  consideration for the privilege of towing or removing vehicles
  154  or vessels from a particular location.
  155         5. Except for property appurtenant to and obviously a part
  156  of a single-family residence, and except for instances when
  157  notice is personally given to the owner or other legally
  158  authorized person in control of the vehicle or vessel that the
  159  area in which that vehicle or vessel is parked is reserved or
  160  otherwise unavailable for unauthorized vehicles or vessels and
  161  that the vehicle or vessel is subject to being removed at the
  162  owner’s or operator’s expense, any property owner or lessee, or
  163  person authorized by the property owner or lessee, before towing
  164  or removing any vehicle or vessel from private property without
  165  the consent of the owner or other legally authorized person in
  166  control of that vehicle or vessel, must post a notice meeting
  167  the following requirements:
  168         a. The notice must be prominently placed at each driveway
  169  access or curb cut allowing vehicular access to the property
  170  within 10 feet from the road, as defined in s. 334.03(22). If
  171  there are no curbs or access barriers, the signs must be posted
  172  not fewer than one sign for each 25 feet of lot frontage.
  173         b. The notice must clearly indicate, in not fewer than 2
  174  inch high, light-reflective letters on a contrasting background,
  175  that unauthorized vehicles will be towed away at the owner’s
  176  expense. The words “tow-away zone” must be included on the sign
  177  in not fewer than 4-inch high letters.
  178         c. The notice must also provide the name and current
  179  telephone number of the person or firm towing or removing the
  180  vehicles or vessels.
  181         d. The sign structure containing the required notices must
  182  be permanently installed with the words “tow-away zone” not
  183  fewer than 3 feet and not more than 6 feet above ground level
  184  and must be continuously maintained on the property for not
  185  fewer than 24 hours before the towing or removal of any vehicles
  186  or vessels.
  187         e. The local government may require permitting and
  188  inspection of these signs before any towing or removal of
  189  vehicles or vessels being authorized.
  190         f. A business with 20 or fewer parking spaces satisfies the
  191  notice requirements of this subparagraph by prominently
  192  displaying a sign stating “Reserved Parking for Customers Only
  193  Unauthorized Vehicles or Vessels Will be Towed Away At the
  194  Owner’s Expense” in not fewer than 4-inch high, light-reflective
  195  letters on a contrasting background.
  196         g. A property owner towing or removing vessels from real
  197  property must post notice, consistent with the requirements in
  198  sub-subparagraphs a.-f., which apply to vehicles, that
  199  unauthorized vehicles or vessels will be towed away at the
  200  owner’s expense.
  201  
  202  A business owner or lessee may authorize the removal of a
  203  vehicle or vessel by a towing company when the vehicle or vessel
  204  is parked in such a manner that restricts the normal operation
  205  of business; and if a vehicle or vessel parked on a public
  206  right-of-way obstructs access to a private driveway the owner,
  207  lessee, or agent may have the vehicle or vessel removed by a
  208  towing company upon signing an order that the vehicle or vessel
  209  be removed without a posted tow-away zone sign.
  210         6. Any person or firm that tows or removes vehicles or
  211  vessels and proposes to require an owner, operator, or person in
  212  control or custody of a vehicle or vessel to pay the costs of
  213  towing and storage before redemption of the vehicle or vessel
  214  must file and keep on record with the local law enforcement
  215  agency a complete copy of the current rates to be charged for
  216  such services and post at the storage site an identical rate
  217  schedule and any written contracts with property owners,
  218  lessees, or persons in control of property which authorize such
  219  person or firm to remove vehicles or vessels as provided in this
  220  section.
  221         7. Any person or firm towing or removing any vehicles or
  222  vessels from private property without the consent of the owner
  223  or other legally authorized person in control or custody of the
  224  vehicles or vessels shall, on any trucks, wreckers as defined in
  225  s. 713.78(1)(c), or other vehicles used in the towing or
  226  removal, have the name, address, and telephone number of the
  227  company performing such service clearly printed in contrasting
  228  colors on the driver and passenger sides of the vehicle. The
  229  name shall be in at least 3-inch permanently affixed letters,
  230  and the address and telephone number shall be in at least 1-inch
  231  permanently affixed letters.
  232         8. Vehicle entry for the purpose of removing the vehicle or
  233  vessel shall be allowed with reasonable care on the part of the
  234  person or firm towing the vehicle or vessel. Such person or firm
  235  shall be liable for any damage occasioned to the vehicle or
  236  vessel if such entry is not in accordance with the standard of
  237  reasonable care.
  238         9. When a vehicle or vessel has been towed or removed
  239  pursuant to this section, it must be released to its owner or
  240  person in control or custody within 1 hour after requested. Any
  241  vehicle or vessel owner or person in control or custody has the
  242  right to inspect the vehicle or vessel before accepting its
  243  return, and no release or waiver of any kind which would release
  244  the person or firm towing the vehicle or vessel from liability
  245  for damages noted by the owner or person in control or custody
  246  at the time of the redemption may be required from any vehicle
  247  or vessel owner or person in control or custody as a condition
  248  of release of the vehicle or vessel to its owner or person in
  249  control or custody. A detailed receipt showing the legal name of
  250  the company or person towing or removing the vehicle or vessel
  251  must be given to the person paying towing or storage charges at
  252  the time of payment, whether requested or not. A towing company
  253  may not release a vehicle owned by a rental car company to the
  254  person who rented the vehicle unless the rental car company
  255  appoints the person who rented the vehicle as its agent. Such
  256  appointment must be evidenced in an original writing
  257  acknowledged by the rental car company before a notary public or
  258  other person empowered by law to administer oaths and must
  259  authorize the person to inspect and redeem the towed vehicle.
  260         Section 4. This act shall take effect July 1, 2022.