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 94within7 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 notificationan administrativefee 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 156administrativefee plus the actual costs of complying with the 157 requirements of this section may not exceed $250.For purposes158of this paragraph, the term “administrative fee” means a lien159fee or any fee imposed by the lienor or the lienor’s agent for160administrative costs added to the amount due for towing and161storing 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.