Florida Senate - 2022                              CS for SB 990
       
       
        
       By the Committee on Transportation; and Senator Diaz
       
       
       
       
       
       596-02634-22                                           2022990c1
    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 s.
   13         713.78, F.S.; revising the timeframe required for
   14         sending notices of lien; prohibiting towing companies
   15         from releasing vehicles owned by rental car companies,
   16         which are towed under certain circumstances, to the
   17         person who rented the vehicle unless the rental car
   18         company appoints the person as its agent; providing
   19         requirements for such appointment; revising fees
   20         relating to obtaining the release of a vehicle or
   21         vessel with a claimed lien; deleting the definition of
   22         the term “administrative fee”; specifying that proof
   23         of mailing by a third-party service is proof that a
   24         towing-storage operator made a good faith effort to
   25         comply with specified notice requirements; preempting
   26         the regulation of claiming a lien for the recovery,
   27         removal, towing, or storage of a vehicle or vessel to
   28         the state; amending s. 715.07, F.S.; prohibiting
   29         towing companies from releasing vehicles owned by
   30         rental car companies which are towed under certain
   31         circumstances, to the person who rented the vehicle
   32         unless the rental car company appoints the person as
   33         its agent; providing requirements for such
   34         appointment; providing an effective date.
   35          
   36  Be It Enacted by the Legislature of the State of Florida:
   37  
   38         Section 1. Subsection (1), paragraph (a) of subsection (2),
   39  and subsection (3) of section 323.001, Florida Statutes, are
   40  amended to read:
   41         323.001 Wrecker operator storage facilities; vehicle
   42  holds.—
   43         (1) An investigating agency may place a hold on a motor
   44  vehicle stored within a wrecker operator’s storage facility for
   45  a period not to exceed 5 days, excluding holidays and weekends,
   46  unless extended in writing. This subsection may not be construed
   47  to prohibit an investigating agency from having a wrecker
   48  operator tow a motor vehicle directly from the scene of the tow
   49  to the investigating agency’s storage facility. If a motor
   50  vehicle is towed directly from the scene of the tow to the
   51  investigating agency’s storage facility, the vehicle may not be
   52  released by the investigating agency to the owner or lienholder
   53  of the vehicle until proof of payment of the towing and storage
   54  charges incurred by the wrecker operator is presented to the
   55  investigating agency. If the investigating agency releases the
   56  vehicle to the owner or lienholder of the vehicle without
   57  obtaining proof of payment, the investigating agency must pay
   58  the wrecker operator the accrued towing and storage charges
   59  within 60 days after the vehicle is released.
   60         (2) The investigating agency must notify the wrecker
   61  operator in writing within 5 days, excluding holidays and
   62  weekends, whether the hold is to be continued. If no
   63  notification follows this period of time, the wrecker operator
   64  may release the vehicle to the designated person pursuant to s.
   65  713.78.
   66         (a) If the hold is to continue beyond 5 days, excluding
   67  holidays and weekends, the investigating agency may have the
   68  vehicle removed to a designated impound lot, in which event the
   69  vehicle will not be released by the investigating agency to the
   70  owner or lienholder of the vehicle until proof of payment of the
   71  towing and storage charges incurred by the wrecker operator is
   72  presented to the investigating agency. If the investigating
   73  agency releases the vehicle to the owner or lienholder of the
   74  vehicle without obtaining proof of payment, the investigating
   75  agency must pay the wrecker operator the accrued towing and
   76  storage charges within 60 days after the vehicle is released.
   77         (3) If there is a judicial finding of no probable cause for
   78  having continued the immobilization or impoundment, the
   79  investigating agency ordering the hold must pay the wrecker
   80  operator the accrued charges for any towing and storage within
   81  60 days after the judicial finding.
   82         Section 2. Paragraph (c) of subsection (4), subsection
   83  (10), and paragraph (a) of subsection (15) of section 713.78,
   84  Florida Statutes, are amended, paragraph (g) is added to
   85  subsection (16) of that section, and subsection (18) is added to
   86  that section, to read:
   87         713.78 Liens for recovering, towing, or storing vehicles
   88  and vessels.—
   89         (4)
   90         (c) The notice of lien must be sent by certified mail to
   91  the registered owner, the insurance company insuring the vehicle
   92  notwithstanding s. 627.736, and all other persons claiming a
   93  lien thereon no earlier than 6 hours before and no later than
   94  within 7 business days, excluding Saturday and Sunday, after the
   95  date of storage of the vehicle or vessel. However, in no event
   96  shall the notice of lien be sent less than 30 days before the
   97  sale of the vehicle or vessel. The notice must state:
   98         1. If the claim of lien is for a vehicle, the last 8 digits
   99  of the vehicle identification number of the vehicle subject to
  100  the lien, or, if the claim of lien is for a vessel, the hull
  101  identification number of the vessel subject to the lien, clearly
  102  printed in the delivery address box and on the outside of the
  103  envelope sent to the registered owner and all other persons
  104  claiming an interest therein or lien thereon.
  105         2. The name, physical address, and telephone number of the
  106  lienor, and the entity name, as registered with the Division of
  107  Corporations, of the business where the towing and storage
  108  occurred, which must also appear on the outside of the envelope
  109  sent to the registered owner and all other persons claiming an
  110  interest in or lien on the vehicle or vessel.
  111         3. The fact of possession of the vehicle or vessel.
  112         4. The name of the person or entity that authorized the
  113  lienor to take possession of the vehicle or vessel.
  114         5. That a lien as provided in subsection (2) is claimed.
  115         6. That charges have accrued and include an itemized
  116  statement of the amount thereof.
  117         7. That the lien is subject to enforcement under law and
  118  that the owner or lienholder, if any, has the right to a hearing
  119  as set forth in subsection (5).
  120         8. That any vehicle or vessel that remains unclaimed, or
  121  for which the charges for recovery, towing, or storage services
  122  remain unpaid, may be sold free of all prior liens 35 days after
  123  the vehicle or vessel is stored by the lienor if the vehicle or
  124  vessel is more than 3 years of age or 50 days after the vehicle
  125  or vessel is stored by the lienor if the vehicle or vessel is 3
  126  years of age or less.
  127         9. The address at which the vehicle or vessel is physically
  128  located.
  129         (10) Persons who provide services pursuant to this section
  130  shall permit vehicle or vessel owners, lienholders, insurance
  131  company representatives, or their agents, which agency is
  132  evidenced by an original writing acknowledged by the owner
  133  before a notary public or other person empowered by law to
  134  administer oaths, to inspect the towed vehicle or vessel and
  135  shall release only to the owner, lienholder, or agent the
  136  vehicle, vessel, or all personal property not affixed to the
  137  vehicle or vessel which was in the vehicle or vessel at the time
  138  the vehicle or vessel came into the custody of the person
  139  providing such services. For the purposes of this subsection, a
  140  rental car agreement does not constitute evidence that the
  141  person who rented a vehicle is an agent of the owner of the
  142  vehicle, and a towing company may not release a vehicle owned by
  143  a rental car company to the person who rented the vehicle unless
  144  the rental car company appoints the person who rented the
  145  vehicle as its agent. Such appointment must be evidenced in an
  146  original writing acknowledged by the rental car company before a
  147  notary public or other person empowered by law to administer
  148  oaths and must authorize the person to inspect and redeem the
  149  towed vehicle.
  150         (15)(a) A lienor or the lienor’s agent may charge a $75
  151  notification an administrative fee plus the actual costs of
  152  complying with the requirements of this section to the
  153  registered owner or a person claiming a lien against the vehicle
  154  or vessel to obtain release of the vehicle or vessel from the
  155  claim of lien imposed under this section. Such notification
  156  administrative fee plus the actual costs of complying with the
  157  requirements of this section may not exceed $250. For purposes
  158  of this paragraph, the term “administrative fee” means a lien
  159  fee or any fee imposed by the lienor or the lienor’s agent for
  160  administrative costs added to the amount due for towing and
  161  storing the vehicle or vessel.
  162         (16) A towing-storage operator must use a third-party
  163  service approved by the Department of Highway Safety and Motor
  164  Vehicles to transmit all notices required by this section. If
  165  there is no third-party service approved by the department, the
  166  towing-storage operator may mail the notices and provide
  167  evidence of compliance with this section upon submission of an
  168  application for certificate of title or certificate of
  169  destruction.
  170         (g)If a towing-storage operator uses a third-party service
  171  approved by the department to provide notice required by this
  172  section, proof of mailing by the third-party service is proof
  173  that the towing-storage operator made a good faith effort to
  174  comply with such notice requirement, regardless of whether the
  175  recipient accepts delivery or otherwise receives notice.
  176         (18)The regulation of claiming a lien for the recovery,
  177  removal, towing, or storage of a vehicle or vessel, including,
  178  but not limited to, notification fees, is preempted to the
  179  state, and this section supersedes any county or municipal
  180  ordinance, resolution, rule, regulation, or otherwise to the
  181  contrary.
  182         Section 3. Paragraph (a) of subsection (2) of section
  183  715.07, Florida Statutes, is amended to read:
  184         715.07 Vehicles or vessels parked on private property;
  185  towing.—
  186         (2) The owner or lessee of real property, or any person
  187  authorized by the owner or lessee, which person may be the
  188  designated representative of the condominium association if the
  189  real property is a condominium, may cause any vehicle or vessel
  190  parked on such property without her or his permission to be
  191  removed by a person regularly engaged in the business of towing
  192  vehicles or vessels, without liability for the costs of removal,
  193  transportation, or storage or damages caused by such removal,
  194  transportation, or storage, under any of the following
  195  circumstances:
  196         (a) The towing or removal of any vehicle or vessel from
  197  private property without the consent of the registered owner or
  198  other legally authorized person in control of that vehicle or
  199  vessel is subject to substantial compliance with the following
  200  conditions and restrictions:
  201         1.a. Any towed or removed vehicle or vessel must be stored
  202  at a site within a 10-mile radius of the point of removal in any
  203  county of 500,000 population or more, and within a 15-mile
  204  radius of the point of removal in any county of fewer than
  205  500,000 population. That site must be open for the purpose of
  206  redemption of vehicles on any day that the person or firm towing
  207  such vehicle or vessel is open for towing purposes, from 8:00
  208  a.m. to 6:00 p.m., and, when closed, shall have prominently
  209  posted a sign indicating a telephone number where the operator
  210  of the site can be reached at all times. Upon receipt of a
  211  telephoned request to open the site to redeem a vehicle or
  212  vessel, the operator shall return to the site within 1 hour or
  213  she or he will be in violation of this section.
  214         b. If no towing business providing such service is located
  215  within the area of towing limitations set forth in sub
  216  subparagraph a., the following limitations apply: any towed or
  217  removed vehicle or vessel must be stored at a site within a 20
  218  mile radius of the point of removal in any county of 500,000
  219  population or more, and within a 30-mile radius of the point of
  220  removal in any county of fewer than 500,000 population.
  221         2. The person or firm towing or removing the vehicle or
  222  vessel shall, within 30 minutes after completion of such towing
  223  or removal, notify the municipal police department or, in an
  224  unincorporated area, the sheriff, of such towing or removal, the
  225  storage site, the time the vehicle or vessel was towed or
  226  removed, and the make, model, color, and license plate number of
  227  the vehicle or description and registration number of the vessel
  228  and shall obtain the name of the person at that department to
  229  whom such information was reported and note that name on the
  230  trip record.
  231         3. A person in the process of towing or removing a vehicle
  232  or vessel from the premises or parking lot in which the vehicle
  233  or vessel is not lawfully parked must stop when a person seeks
  234  the return of the vehicle or vessel. The vehicle or vessel must
  235  be returned upon the payment of a reasonable service fee of not
  236  more than one-half of the posted rate for the towing or removal
  237  service as provided in subparagraph 6. The vehicle or vessel may
  238  be towed or removed if, after a reasonable opportunity, the
  239  owner or legally authorized person in control of the vehicle or
  240  vessel is unable to pay the service fee. If the vehicle or
  241  vessel is redeemed, a detailed signed receipt must be given to
  242  the person redeeming the vehicle or vessel.
  243         4. A person may not pay or accept money or other valuable
  244  consideration for the privilege of towing or removing vehicles
  245  or vessels from a particular location.
  246         5. Except for property appurtenant to and obviously a part
  247  of a single-family residence, and except for instances when
  248  notice is personally given to the owner or other legally
  249  authorized person in control of the vehicle or vessel that the
  250  area in which that vehicle or vessel is parked is reserved or
  251  otherwise unavailable for unauthorized vehicles or vessels and
  252  that the vehicle or vessel is subject to being removed at the
  253  owner’s or operator’s expense, any property owner or lessee, or
  254  person authorized by the property owner or lessee, before towing
  255  or removing any vehicle or vessel from private property without
  256  the consent of the owner or other legally authorized person in
  257  control of that vehicle or vessel, must post a notice meeting
  258  the following requirements:
  259         a. The notice must be prominently placed at each driveway
  260  access or curb cut allowing vehicular access to the property
  261  within 10 feet from the road, as defined in s. 334.03(22). If
  262  there are no curbs or access barriers, the signs must be posted
  263  not fewer than one sign for each 25 feet of lot frontage.
  264         b. The notice must clearly indicate, in not fewer than 2
  265  inch high, light-reflective letters on a contrasting background,
  266  that unauthorized vehicles will be towed away at the owner’s
  267  expense. The words “tow-away zone” must be included on the sign
  268  in not fewer than 4-inch high letters.
  269         c. The notice must also provide the name and current
  270  telephone number of the person or firm towing or removing the
  271  vehicles or vessels.
  272         d. The sign structure containing the required notices must
  273  be permanently installed with the words “tow-away zone” not
  274  fewer than 3 feet and not more than 6 feet above ground level
  275  and must be continuously maintained on the property for not
  276  fewer than 24 hours before the towing or removal of any vehicles
  277  or vessels.
  278         e. The local government may require permitting and
  279  inspection of these signs before any towing or removal of
  280  vehicles or vessels being authorized.
  281         f. A business with 20 or fewer parking spaces satisfies the
  282  notice requirements of this subparagraph by prominently
  283  displaying a sign stating “Reserved Parking for Customers Only
  284  Unauthorized Vehicles or Vessels Will be Towed Away At the
  285  Owner’s Expense” in not fewer than 4-inch high, light-reflective
  286  letters on a contrasting background.
  287         g. A property owner towing or removing vessels from real
  288  property must post notice, consistent with the requirements in
  289  sub-subparagraphs a.-f., which apply to vehicles, that
  290  unauthorized vehicles or vessels will be towed away at the
  291  owner’s expense.
  292  
  293  A business owner or lessee may authorize the removal of a
  294  vehicle or vessel by a towing company when the vehicle or vessel
  295  is parked in such a manner that restricts the normal operation
  296  of business; and if a vehicle or vessel parked on a public
  297  right-of-way obstructs access to a private driveway the owner,
  298  lessee, or agent may have the vehicle or vessel removed by a
  299  towing company upon signing an order that the vehicle or vessel
  300  be removed without a posted tow-away zone sign.
  301         6. Any person or firm that tows or removes vehicles or
  302  vessels and proposes to require an owner, operator, or person in
  303  control or custody of a vehicle or vessel to pay the costs of
  304  towing and storage before redemption of the vehicle or vessel
  305  must file and keep on record with the local law enforcement
  306  agency a complete copy of the current rates to be charged for
  307  such services and post at the storage site an identical rate
  308  schedule and any written contracts with property owners,
  309  lessees, or persons in control of property which authorize such
  310  person or firm to remove vehicles or vessels as provided in this
  311  section.
  312         7. Any person or firm towing or removing any vehicles or
  313  vessels from private property without the consent of the owner
  314  or other legally authorized person in control or custody of the
  315  vehicles or vessels shall, on any trucks, wreckers as defined in
  316  s. 713.78(1)(c), or other vehicles used in the towing or
  317  removal, have the name, address, and telephone number of the
  318  company performing such service clearly printed in contrasting
  319  colors on the driver and passenger sides of the vehicle. The
  320  name shall be in at least 3-inch permanently affixed letters,
  321  and the address and telephone number shall be in at least 1-inch
  322  permanently affixed letters.
  323         8. Vehicle entry for the purpose of removing the vehicle or
  324  vessel shall be allowed with reasonable care on the part of the
  325  person or firm towing the vehicle or vessel. Such person or firm
  326  shall be liable for any damage occasioned to the vehicle or
  327  vessel if such entry is not in accordance with the standard of
  328  reasonable care.
  329         9. When a vehicle or vessel has been towed or removed
  330  pursuant to this section, it must be released to its owner or
  331  person in control or custody within 1 hour after requested. Any
  332  vehicle or vessel owner or person in control or custody has the
  333  right to inspect the vehicle or vessel before accepting its
  334  return, and no release or waiver of any kind which would release
  335  the person or firm towing the vehicle or vessel from liability
  336  for damages noted by the owner or person in control or custody
  337  at the time of the redemption may be required from any vehicle
  338  or vessel owner or person in control or custody as a condition
  339  of release of the vehicle or vessel to its owner or person in
  340  control or custody. A detailed receipt showing the legal name of
  341  the company or person towing or removing the vehicle or vessel
  342  must be given to the person paying towing or storage charges at
  343  the time of payment, whether requested or not. A towing company
  344  may not release a vehicle owned by a rental car company to the
  345  person who rented the vehicle unless the rental car company
  346  appoints the person who rented the vehicle as its agent. Such
  347  appointment must be evidenced in an original writing
  348  acknowledged by the rental car company before a notary public or
  349  other person empowered by law to administer oaths and must
  350  authorize the person to inspect and redeem the towed vehicle.
  351         Section 4. This act shall take effect July 1, 2022.