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.