Florida Senate - 2023 COMMITTEE AMENDMENT
Bill No. CS for SB 760
Ì755180!Î755180
LEGISLATIVE ACTION
Senate . House
Comm: RCS .
04/24/2023 .
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The Committee on Rules (Perry) recommended the following:
1 Senate Amendment (with title amendment)
2
3 Delete everything after the enacting clause
4 and insert:
5 Section 1. Subsection (5) is added to section 321.051,
6 Florida Statutes, to read:
7 321.051 Florida Highway Patrol wrecker operator system;
8 penalties for operation outside of system.—
9 (5) The Division of the Florida Highway Patrol may not
10 exclude a wrecker operator from the wrecker operator system or
11 fail to designate him or her as an authorized wrecker operator
12 based solely on a prior felony conviction unless such conviction
13 is for a forcible felony as defined in s. 776.08 or a felony
14 listed under s. 812.014(2)(c)6. or s. 812.16(2).
15 Section 2. Subsections (1), (2), and (4), paragraph (a) of
16 subsection (5), subsections (6), (9), and (10), paragraph (a) of
17 subsection (11), paragraph (a) of subsection (12), and
18 paragraphs (a), (b), and (d) of subsection (13) of section
19 713.78, Florida Statutes, are amended, and subsections (18),
20 (19), and (20) are added to that section, to read:
21 713.78 Liens for recovering, towing, or storing vehicles
22 and vessels.—
23 (1) For the purposes of this section, the term:
24 (d)(a) “Vehicle” means any mobile item, whether motorized
25 or not, which is mounted on wheels.
26 (e)(b) “Vessel” means every description of watercraft,
27 barge, and airboat used or capable of being used as a means of
28 transportation on water, other than a seaplane or a “documented
29 vessel” as defined in s. 327.02.
30 (c) “Towing-storage operator” means a person who regularly
31 engages in the business of transporting vehicles or vessels by
32 wrecker, tow truck, or car carrier.
33 (f)(c) “Wrecker” means any truck or other vehicle that
34 which is used to tow, carry, or otherwise transport motor
35 vehicles or vessels upon the streets and highways of this state
36 and which is equipped for that purpose with a boom, winch, car
37 carrier, or other similar equipment.
38 (b)(d) “National Motor Vehicle Title Information System”
39 means the federally authorized electronic National Motor Vehicle
40 Title Information System.
41 (a)(e) “Equivalent commercially available system” means a
42 service that charges a fee to provide vehicle information and
43 that at a minimum maintains records from those states
44 participating in data sharing with the National Motor Vehicle
45 Title Information System.
46 (2)(a) Whenever A towing-storage operator may charge only
47 the following fees for, or incidental to, the recovery, removal,
48 or storage of a vehicle or vessel:
49 1. Any reasonable fee for service specifically authorized
50 by ordinance, resolution, regulation, or rule of the county or
51 municipality in which the service is performed.
52 2. Any reasonable fee for service specifically authorized
53 by contract or agreement between a towing-storage operator and a
54 county, municipality, or other governmental agency.
55 3. Any reasonable fee for service specifically authorized
56 by rule of the Department of Highway Safety and Motor Vehicles.
57 4. Any reasonable fee for service as agreed upon in writing
58 between a towing-storage operator and the owner of a vehicle or
59 vessel.
60 5. Any lien release administrative fee as set forth in
61 paragraph (15)(a).
62 6. Any reasonable administrative fee or charge imposed by a
63 county or municipality pursuant to s. 125.01047, s. 166.04465,
64 or s. 323.002 upon the registered owner or other legally
65 authorized person in control of a vehicle or vessel.
66 (b) If a towing-storage operator person regularly engaged
67 in the business of transporting vehicles or vessels by wrecker,
68 tow truck, or car carrier recovers, removes, or stores a vehicle
69 or vessel upon instructions from:
70 1.(a) The owner thereof;
71 2.(b) The owner or lessor, or a person authorized by the
72 owner or lessor, of property on which such vehicle or vessel is
73 wrongfully parked, and the removal is done in compliance with s.
74 715.07;
75 3.(c) The landlord or a person authorized by the landlord,
76 when such motor vehicle or vessel remained on the premises after
77 the tenancy terminated and the removal is done in compliance
78 with s. 83.806 or s. 715.104; or
79 4.(d) Any law enforcement agency, county, or municipality,
80
81 she or he shall have a lien on the vehicle or vessel for a
82 reasonable towing fee, for a reasonable administrative fee or
83 charge imposed by a county or municipality, and for a reasonable
84 storage fee; except that a storage fee may not be charged if the
85 vehicle or vessel is stored for fewer than 6 hours.
86 (4)(a) A towing-storage operator person regularly engaged
87 in the business of recovering, towing, or storing vehicles or
88 vessels who comes into possession of a vehicle or vessel
89 pursuant to paragraph (2)(b) subsection (2), and who claims a
90 lien for recovery, towing, or storage services, must shall give
91 notice, by certified mail, pursuant to subsection (16), to the
92 registered owner, the insurance company insuring the vehicle
93 notwithstanding s. 627.736, and all persons claiming a lien
94 thereon, as disclosed by the records in the Department of
95 Highway Safety and Motor Vehicles or as disclosed by the records
96 of any corresponding agency in any other state in which the
97 vehicle is identified through a records check of the National
98 Motor Vehicle Title Information System or an equivalent
99 commercially available system as being titled or registered.
100 (b) Whenever a law enforcement agency authorizes the
101 removal of a vehicle or vessel or whenever a towing service,
102 garage, repair shop, or automotive service, storage, or parking
103 place notifies the law enforcement agency of possession of a
104 vehicle or vessel pursuant to s. 715.07(2)(a)2., if an approved
105 third-party service cannot obtain the vehicle’s or vessel’s
106 owner, lienholder, and insurer information or last state of
107 record pursuant to subsection (16), the law enforcement agency
108 of the jurisdiction where the vehicle or vessel is stored shall
109 contact the Department of Highway Safety and Motor Vehicles, or
110 the appropriate agency of the state of registration, if known,
111 within 24 hours through the medium of electronic communications,
112 giving the full description of the vehicle or vessel. Upon
113 receipt of the full description of the vehicle or vessel, the
114 department shall search its files to determine the owner’s name,
115 the insurance company insuring the vehicle or vessel, and
116 whether any person has filed a lien upon the vehicle or vessel
117 as provided in s. 319.27(2) and (3) and notify the applicable
118 law enforcement agency within 72 hours. The person in charge of
119 the towing service, garage, repair shop, or automotive service,
120 storage, or parking place shall request obtain such information
121 from the applicable law enforcement agency within 5 days after
122 the date of storage and shall give notice pursuant to paragraph
123 (a). The department may release the insurance company
124 information to the requestor notwithstanding s. 627.736.
125 (c) The notice of lien must be sent by certified mail to
126 the registered owner, the insurance company insuring the vehicle
127 notwithstanding s. 627.736, and all other persons claiming a
128 lien thereon within 4 7 business days, excluding a Saturday, and
129 Sunday, or federal legal holiday, after the date of storage of
130 the vehicle or vessel. However, in no event shall the notice of
131 lien be sent less than 30 days before the sale of the vehicle or
132 vessel. The notice must state:
133 1. If the claim of lien is for a vehicle, the last 8 digits
134 of the vehicle identification number of the vehicle subject to
135 the lien, or, if the claim of lien is for a vessel, the hull
136 identification number of the vessel subject to the lien, clearly
137 printed in the delivery address box and on the outside of the
138 envelope sent to the registered owner and all other persons
139 claiming an interest in therein or lien on the vehicle or vessel
140 thereon.
141 2. The name, physical address, and telephone number of the
142 lienor, and the entity name, as registered with the Division of
143 Corporations, of the business where the towing and storage
144 occurred, which must also appear on the outside of the envelope
145 sent to the registered owner and all other persons claiming an
146 interest in or lien on the vehicle or vessel.
147 3. The fact of possession of the vehicle or vessel.
148 4. The name of the person or entity that authorized the
149 lienor to take possession of the vehicle or vessel.
150 5. That a lien as provided in paragraph (2)(b) subsection
151 (2) is claimed.
152 6. That charges have accrued and include an itemized
153 statement of the amount thereof.
154 7. That the lien is subject to enforcement under law and
155 that the owner or lienholder, if any, has the right to a hearing
156 as set forth in subsection (5).
157 8. That any vehicle or vessel that remains unclaimed, or
158 for which the charges for recovery, towing, or storage services
159 remain unpaid, may be sold free of all prior liens 35 days after
160 the vehicle or vessel is stored by the lienor if the vehicle or
161 vessel is more than 3 years of age or 65 50 days after the
162 vehicle or vessel is stored by the lienor if the vehicle or
163 vessel is 3 years of age or less.
164 9. The address at which the vehicle or vessel is physically
165 located.
166 (d) The notice of lien may not be sent to the registered
167 owner, the insurance company insuring the vehicle or vessel, and
168 all other persons claiming a lien thereon less than 30 days
169 before the sale of a the vehicle or vessel that is more than 3
170 years of age or less than 60 days before the sale of a vehicle
171 or vessel that is 3 years of age or less.
172 (e) If attempts to locate the name and address of the owner
173 or lienholder prove unsuccessful, the towing-storage operator
174 shall, after 4 7 business days, excluding a Saturday, and
175 Sunday, or federal legal holiday, after the initial tow or
176 storage, notify the public agency of jurisdiction where the
177 vehicle or vessel is stored in writing by certified mail or
178 electronic delivery acknowledged hand delivery that the towing
179 storage company has been unable to locate the name and address
180 of the owner or lienholder and a physical search of the vehicle
181 or vessel has disclosed no ownership information and a good
182 faith effort has been made, including records checks of the
183 Department of Highway Safety and Motor Vehicles database and the
184 National Motor Vehicle Title Information System or an equivalent
185 commercially available system. For purposes of this paragraph
186 and subsection (9), the term “good faith effort” means that the
187 following checks have been performed by the company to establish
188 the prior state of registration and for title:
189 1. A check of the department’s database for the owner and
190 any lienholder.
191 2. A check of the electronic National Motor Vehicle Title
192 Information System or an equivalent commercially available
193 system to determine the state of registration when there is not
194 a current registration record for the vehicle or vessel on file
195 with the department.
196 3. A check of the vehicle or vessel for any type of tag,
197 tag record, temporary tag, or regular tag.
198 4. A check of the law enforcement report for a tag number
199 or other information identifying the vehicle or vessel, if the
200 vehicle or vessel was towed at the request of a law enforcement
201 officer.
202 5. A check of the trip sheet or tow ticket of the tow truck
203 operator to determine whether a tag was on the vehicle or vessel
204 at the beginning of the tow, if a private tow.
205 6. If there is no address of the owner on the impound
206 report, a check of the law enforcement report to determine
207 whether an out-of-state address is indicated from driver license
208 information.
209 7. A check of the vehicle or vessel for an inspection
210 sticker or other stickers and decals that may indicate a state
211 of possible registration.
212 8. A check of the interior of the vehicle or vessel for any
213 papers that may be in the glove box, trunk, or other areas for a
214 state of registration.
215 9. A check of the vehicle for a vehicle identification
216 number.
217 10. A check of the vessel for a vessel registration number.
218 11. A check of the vessel hull for a hull identification
219 number which should be carved, burned, stamped, embossed, or
220 otherwise permanently affixed to the outboard side of the
221 transom or, if there is no transom, to the outmost seaboard side
222 at the end of the hull that bears the rudder or other steering
223 mechanism.
224 (5)(a) The owner of a vehicle or vessel removed pursuant to
225 paragraph (2)(b) subsection (2), or any person claiming a lien,
226 other than the towing-storage operator, within 10 days after the
227 time she or he has knowledge of the location of the vehicle or
228 vessel, may file a complaint in the county court of the county
229 in which the vehicle or vessel is stored to determine whether
230 her or his property was wrongfully taken or withheld.
231 (6) A vehicle or vessel that is stored pursuant to
232 paragraph (2)(b) subsection (2) and remains unclaimed, or for
233 which reasonable charges for recovery, towing, or storing remain
234 unpaid, and any contents not released pursuant to subsection
235 (10), may be sold by the owner or operator of the storage space
236 for such towing or storage charge 35 days after the vehicle or
237 vessel is stored by the lienor if the vehicle or vessel is more
238 than 3 years of age or 65 50 days after the vehicle or vessel is
239 stored by the lienor if the vehicle or vessel is 3 years of age
240 or less. The sale must shall be at public sale for cash. If the
241 date of the sale was not included in the notice required in
242 subsection (4), notice of the sale must shall be given to the
243 person in whose name the vehicle or vessel is registered and to
244 all persons claiming a lien on the vehicle or vessel as shown on
245 the records of the Department of Highway Safety and Motor
246 Vehicles or of any corresponding agency in any other state in
247 which the vehicle is identified through a records check of the
248 National Motor Vehicle Title Information System or an equivalent
249 commercially available system as being titled. Notice of the
250 sale must be sent by certified mail to the registered owner of
251 the vehicle or vessel, the insurance company insuring the
252 vehicle or vessel, and the person having the recorded lien on
253 the vehicle or vessel at the address shown on the records of the
254 registering agency at least 30 days before the sale of the
255 vehicle or vessel. The notice must have clearly identified and
256 printed, if the claim of lien is for a motor vehicle, The last 8
257 digits of the vehicle identification number of the motor vehicle
258 subject to the lien, or, if the claim of lien is for a vessel,
259 the hull identification number of the vessel subject to the
260 lien, must be clearly identified and printed in the delivery
261 address box and on the outside of the envelope sent to the
262 registered owner and all other persons claiming an interest in
263 therein or lien on the vehicle or vessel thereon. The notice
264 must be sent to the owner of the vehicle or vessel and the
265 person having the recorded lien on the vehicle or vessel at the
266 address shown on the records of the registering agency at least
267 30 days before the sale of the vehicle or vessel. The notice
268 must state the name, physical address, and telephone number of
269 the lienor, and the vehicle identification number if the claim
270 of lien is for a vehicle or the hull identification number if
271 the claim of lien is for a vessel, all of which must also appear
272 in the return address section on the outside of the envelope
273 containing the notice of sale. After diligent search and
274 inquiry, if the name and address of the registered owner or the
275 owner of the recorded lien cannot be ascertained, the
276 requirements of notice by mail may be dispensed with. In
277 addition to the notice by mail, public notice of the time and
278 place of sale must shall be made by publishing a notice thereof
279 one time, at least 20 10 days before the date of the sale, in a
280 newspaper of general circulation in the county in which the sale
281 is to be held. The proceeds of the sale, after payment of
282 reasonable towing and storage charges, and costs of the sale, in
283 that order of priority, must shall be deposited with the clerk
284 of the circuit court for the county if the owner or lienholder
285 is absent, and the clerk shall hold such proceeds subject to the
286 claim of the owner or lienholder legally entitled thereto. The
287 clerk is shall be entitled to receive 5 percent of such proceeds
288 for the care and disbursement thereof. The certificate of title
289 issued under this section this law shall be discharged of all
290 liens unless otherwise provided by court order. The owner or
291 lienholder may file a complaint after the vehicle or vessel has
292 been sold in the county court of the county in which it is
293 stored. Upon determining the respective rights of the parties,
294 the court may award damages, attorney fees, and costs in favor
295 of the prevailing party.
296 (9) Failure to make good faith efforts to substantially
297 comply with the notice requirements of this section or precludes
298 the imposition of any storage charges against the vehicle or
299 vessel. If a lienor fails to provide notice to a person claiming
300 a lien on a vehicle or vessel in accordance with subsection (4)
301 precludes the imposition of storage charges against the vehicle
302 or vessel, the lienor may not charge the person for more than 4
303 7 days of storage, but such failure does not affect charges made
304 for towing the vehicle or vessel or the priority of liens on the
305 vehicle or vessel.
306 (10) A towing-storage operator Persons who provide services
307 pursuant to this section shall permit vehicle or vessel owners,
308 including rental vehicle or vessel owners, lienholders,
309 insurance company representatives, or their agents, which agency
310 is evidenced by an original writing acknowledged by the owner
311 before a notary public or other person empowered by law to
312 administer oaths, to inspect the towed vehicle or vessel and
313 shall release to the owner, lienholder, or agent the vehicle,
314 vessel, or all personal property not affixed to the vehicle or
315 vessel which was in the vehicle or vessel at the time the
316 vehicle or vessel came into the custody of the towing-storage
317 operator. A towing-storage operator must allow vehicle or vessel
318 owners, rental vehicle or vessel owners, lienholders, insurance
319 company representatives, or their agents to inspect the towed
320 vehicle or vessel during normal business hours within 30 minutes
321 after their arrival at the storage site where the vehicle or
322 vessel is stored. A photocopy of an agency agreement is
323 sufficient evidence of agency. A rental vehicle or vessel
324 agreement is not evidence that the person who rented a vehicle
325 or vessel is an agent of the rental vehicle or vessel owner.
326 Towing-storage operators must accept a photocopy of a contract,
327 an electronic title, or a paper title as evidence of a person’s
328 interest in a vehicle or vessel person providing such services.
329 (11)(a) A towing-storage operator Any person regularly
330 engaged in the business of recovering, towing, or storing
331 vehicles or vessels who comes into possession of a vehicle or
332 vessel pursuant to paragraph (2)(b) subsection (2) and who has
333 complied with the provisions of subsections (4) (3) and (6),
334 when such vehicle or vessel is to be sold for purposes of being
335 dismantled, destroyed, or changed in such manner that it is not
336 the motor vehicle or vessel described in the certificate of
337 title, must shall report the vehicle to the National Motor
338 Vehicle Title Information System and apply to the Department of
339 Highway Safety and Motor Vehicles for a certificate of
340 destruction. A certificate of destruction, which authorizes the
341 dismantling or destruction of the vehicle or vessel described
342 therein, is shall be reassignable a maximum of two times before
343 dismantling or destruction of the vehicle is shall be required,
344 and must shall accompany the vehicle or vessel for which it is
345 issued, when such vehicle or vessel is sold for such purposes,
346 in lieu of a certificate of title. The application for a
347 certificate of destruction must include proof of reporting to
348 the National Motor Vehicle Title Information System and an
349 affidavit from the applicant that she or he it has complied with
350 all applicable requirements of this section and, if the vehicle
351 or vessel is not registered in this state or any other state, by
352 a statement from a law enforcement officer that the vehicle or
353 vessel is not reported stolen, and must shall be accompanied by
354 such documentation as may be required by the department.
355 (12)(a) Any person who violates paragraph (2)(b) any
356 provision of subsection (1), subsection (2), subsection (4),
357 subsection (5), subsection (6), or subsection (7) is guilty of a
358 misdemeanor of the first degree, punishable as provided in s.
359 775.082 or s. 775.083.
360 (13)(a) Upon receipt by the Department of Highway Safety
361 and Motor Vehicles of written notice from a wrecker operator who
362 claims a wrecker operator’s lien under subparagraph (2)(b)4.
363 paragraph (2)(d) for recovery, towing, or storage of an
364 abandoned vehicle or vessel upon instructions from any law
365 enforcement agency, for which a certificate of destruction has
366 been issued under subsection (11) and the vehicle has been
367 reported to the National Motor Vehicle Title Information System,
368 the department shall place the name of the registered owner of
369 that vehicle or vessel on the list of those persons who may not
370 be issued a license plate or revalidation sticker for any motor
371 vehicle under s. 320.03(8). If the vehicle or vessel is owned
372 jointly by more than one person, the name of each registered
373 owner must shall be placed on the list. The notice of wrecker
374 operator’s lien must shall be submitted on forms provided by the
375 department and, which must include:
376 1. The name, address, and telephone number of the wrecker
377 operator.
378 2. The name of the registered owner of the vehicle or
379 vessel and the address to which the wrecker operator provided
380 notice of the lien to the registered owner under subsection (4).
381 3. A general description of the vehicle or vessel,
382 including its color, make, model, body style, and year.
383 4. The vehicle identification number (VIN); registration
384 license plate number, state, and year; validation decal number,
385 state, and year; vessel registration number; hull identification
386 number; or other identification number, as applicable.
387 5. The name of the person or the corresponding law
388 enforcement agency that requested that the vehicle or vessel be
389 recovered, towed, or stored.
390 6. The amount of the wrecker operator’s lien, not to exceed
391 the amount allowed by paragraph (b).
392 (b) For purposes of this subsection only, the amount of the
393 wrecker operator’s lien for which the department will prevent
394 issuance of a license plate or revalidation sticker may not
395 exceed the amount of the charges for recovery, towing, and
396 storage of the vehicle or vessel for 7 days. These charges may
397 not exceed the maximum rates imposed by the ordinances of the
398 respective county or municipality under ss. 125.0103(1)(c) and
399 166.043(1)(c). This paragraph does not limit the amount of a
400 wrecker operator’s lien claimed under paragraph (2)(b)
401 subsection (2) or prevent a wrecker operator from seeking civil
402 remedies for enforcement of the entire amount of the lien, but
403 limits only that portion of the lien for which the department
404 will prevent issuance of a license plate or revalidation
405 sticker.
406 (d) Upon discharge of the amount of the wrecker operator’s
407 lien allowed by paragraph (b), the wrecker operator must issue a
408 certificate of discharged wrecker operator’s lien on forms
409 provided by the department to each registered owner of the
410 vehicle or vessel attesting that the amount of the wrecker
411 operator’s lien allowed by paragraph (b) has been discharged.
412 Upon presentation of the certificate of discharged wrecker
413 operator’s lien by the registered owner, the department must
414 shall immediately remove the registered owner’s name from the
415 list of those persons who may not be issued a license plate or
416 revalidation sticker for any motor vehicle under s. 320.03(8),
417 thereby allowing issuance of a license plate or revalidation
418 sticker. Issuance of a certificate of discharged wrecker
419 operator’s lien under this paragraph does not discharge the
420 entire amount of the wrecker operator’s lien claimed under
421 paragraph (2)(b) subsection (2), but only certifies to the
422 department that the amount of the wrecker operator’s lien
423 allowed by paragraph (b), for which the department will prevent
424 issuance of a license plate or revalidation sticker, has been
425 discharged.
426 (18) For at least 3 years, a towing-storage operator must
427 retain records produced for all vehicles or vessels recovered,
428 towed, stored, or released, which records, at a minimum, include
429 all of the following:
430 (a) All notice publications and certified mailings.
431 (b) The purchase price of any unclaimed vehicle or vessel
432 sold.
433 (c) The names and addresses of persons to which vehicles or
434 vessels were released.
435 (d) The names and addresses of vehicle or vessel
436 purchasers.
437 (e) All fees imposed under this section.
438 (19) This section is the exclusive remedy for the placement
439 or foreclosure of a storage lien placed on a vehicle or vessel
440 pursuant to ss. 83.19 and 677.210.
441 (20)(a) A towing-storage operator must accept payment for
442 accrued charges from an authorized person listed in subsection
443 (10) in any form from a minimum of two of the following
444 subparagraphs:
445 1. Cash, cashier’s check, money order, or traveler’s check.
446 2. Bank, debit, or credit card.
447 3. Mobile payment service, digital wallet, or other
448 electronic payment system.
449 (b) Any of the authorized persons listed in subsection (10)
450 are not required to furnish more than one form of current
451 government photo identification when payment is made in any of
452 the forms listed in paragraph (a). Presenting one form of
453 current government photo identification constitutes sufficient
454 identity verification for the purposes of this subsection.
455 Section 3. Subsection (5) is added to section 83.19,
456 Florida Statutes, to read:
457 83.19 Sale of property distrained.—
458 (5) A lien on a vehicle or vessel, as those terms are
459 defined in s. 713.78(1), of a tenant or lessee must be
460 foreclosed pursuant to s. 713.78 and may not be foreclosed under
461 this chapter.
462 Section 4. Subsection (1), paragraphs (a) and (b) of
463 subsection (4), and subsection (10) of section 83.806, Florida
464 Statutes, are amended to read:
465 83.806 Enforcement of lien.—An owner’s lien as provided in
466 s. 83.805 may be satisfied as follows:
467 (1) The tenant shall be notified by written notice
468 delivered in person, by e-mail, or by first-class mail with a
469 certificate of mailing to the tenant’s last known address and
470 the last known address of the alternate contact person
471 designated by the tenant under the rental agreement, if any, and
472 conspicuously posted at the self-service storage facility or on
473 the self-contained storage unit. If the owner sends notice of a
474 pending sale of property to the tenant’s and alternate contact
475 person’s last known e-mail address and does not receive a
476 response, return receipt, or delivery confirmation from the same
477 e-mail address, the owner must send notice of the sale to the
478 tenant and alternate contact person by first-class mail with a
479 certificate of mailing to the tenant’s and alternate contact
480 person’s last known address before proceeding with the sale.
481 (4) After the expiration of the time given in the notice,
482 an advertisement of the sale or other disposition shall be
483 published once a week for 2 consecutive weeks in a newspaper of
484 general circulation in the area where the self-service storage
485 facility or self-contained storage unit is located.
486 (a) A lien sale may be conducted on a public website that
487 customarily conducts personal property auctions. The facility or
488 unit owner is not required to hold a license to post property
489 for online sale. Inasmuch As any sale may involve property of
490 more than one tenant, a single advertisement may be used to
491 dispose of property at any one sale.
492 (b) The advertisement shall include:
493 1. A brief and general description of what is believed to
494 constitute the personal property contained in the storage unit,
495 as provided in paragraph (2)(b).
496 2. The address of the self-service storage facility or the
497 address where the self-contained storage unit is located and the
498 name of the tenant.
499 3. The time, place, and manner of the sale or other
500 disposition. The sale or other disposition shall take place at
501 least 10 15 days after the first publication.
502 (10)(a) If a lien is claimed on property that is a motor
503 vehicle or vessel a watercraft and rent and other charges
504 related to the property remain unpaid or unsatisfied for 60 days
505 after the maturity of the obligation to pay the rent and other
506 charges, the facility or unit owner may sell the property
507 pursuant to this section or have the property towed.
508 (b) If a facility or unit owner intends to sell the vehicle
509 or vessel, the facility or unit owner must conduct a check of
510 records with the Department of Highway Safety and Motor
511 Vehicles. In the event that no current registration is found in
512 the search, the facility or unit owner must conduct a search
513 through the National Motor Vehicle Title Information System or
514 an equivalent commercially available system. If a person
515 claiming a lien is not identified in either search, the property
516 may be sold by the facility or unit owner pursuant to this
517 section. The facility or unit owner must send a notice of lien
518 by certified mail to all persons claiming a lien at least 30
519 days before the date of the sale. The notice must state all of
520 the following:
521 1. The make, model and last 8 digits of the vehicle
522 identification number of the vehicle subject to the lien, or, if
523 the claim of lien is for a vessel, the hull identification
524 number of the vessel subject to the lien. Such information must
525 be clearly printed in the delivery address box and on the
526 outside of the envelope sent to the registered owner and all
527 other persons claiming an interest therein or a lien thereon.
528 2. The name, physical address, and telephone number of the
529 facility or unit owner, and the entity name, as registered with
530 the Division of Corporations, of the business where the vehicle
531 or vessel is stored, which must also appear on the outside of
532 the envelope sent to all persons claiming a lien on the vehicle
533 or vessel.
534 3. The fact of possession of the vehicle or vessel.
535 4. The name of the person or entity listed as tenant in the
536 rental agreement.
537 5. That a lien is claimed.
538 6. That charges have accrued and give an itemized statement
539 of the amount thereof.
540 7. That any vehicle or vessel that remains unclaimed may be
541 sold free of all prior liens 30 days after notification is sent.
542 8. The address at which the vehicle or vessel is physically
543 located.
544 (c) At any time before the proposed or scheduled date of
545 sale of a vehicle or vessel, a person claiming an interest
546 therein or lien thereon may request to inspect the vehicle or
547 vessel. The facility or unit owner must make the vehicle or
548 vessel available for inspection during regular business hours
549 within 3 business days after receiving a written request to
550 inspect the vehicle or vessel.
551 (d) At any time before the sale of the vehicle or vessel, a
552 person of record claiming a lien against the vehicle or vessel
553 may have her or his vehicle or vessel released upon posting with
554 the clerk of the court in the county in which the vehicle or
555 vessel is held a cash or surety bond or other adequate security
556 equal to the amount of the storage charges and administrative
557 fees required to ensure the payment of such charges in the event
558 she or he does not prevail. A particular form for posting the
559 bond is not required unless the clerk provides such form to the
560 customer or person for filing. Upon the posting of the bond and
561 the payment of the applicable fee set forth in s. 28.24, the
562 clerk of the court shall automatically issue a certificate
563 notifying the owner of the storage facility of the posting of
564 the bond and directing the owner to release the vehicle or
565 vessel to the person of record claiming a lien against the
566 vehicle or vessel. The certificate must be presented during
567 regular business hours. The owner of the storage facility, or an
568 employee or agent thereof who is authorized to release the
569 vehicle or vessel and who, upon receiving a copy of a
570 certificate giving notice of the posting of the bond in the
571 required amount and directing release of the vehicle or vessel,
572 fails to release or return the property to the person of record
573 claiming a lien pursuant to this section commits a misdemeanor
574 of the second degree, punishable as provided in s. 775.082 or s.
575 775.083.
576 (e) The person of record claiming a lien against a motor
577 vehicle or vessel has 30 days from the issuance of the
578 certificate by the clerk to file a lawsuit to determine the
579 validity of the storage charges. Upon determining the respective
580 rights of the parties under this section, the court may award
581 damages, attorney fees, and costs in favor of the prevailing
582 party. Upon failure of the party posting the bond to timely file
583 suit and a request by the owner of the storage facility, the
584 clerk shall release the cash or surety bond to the owner of the
585 storage facility.
586 (f) Failure to make good faith efforts to comply with the
587 notice requirements of this section precludes the imposition of
588 any storage charges against the vehicle or vessel.
589 (g) A copy of the notice of sale, proof of notice mailed to
590 any person claiming a lien as required herein, and proof of the
591 required check of the records of the Department of Highway
592 Safety and Motor Vehicles and the National Motor Vehicle Title
593 Information System or an equivalent commercially available
594 system, if applicable, shall constitute satisfactory proof for
595 application to the Department of Highway Safety and Motor
596 Vehicles for transfer of title, together with any other proof
597 required by any rules and regulations of the department.
598 (h) If a motor vehicle or vessel watercraft is towed, the
599 facility or unit owner is not liable for the motor vehicle or
600 vessel watercraft or any damages to the motor vehicle or vessel
601 watercraft once a wrecker takes possession of the property. The
602 wrecker taking possession of the property must comply with all
603 notification and sale requirements provided in s. 713.78.
604 Section 5. Subsection (4) is added to section 83.808,
605 Florida Statutes, to read:
606 83.808 Contracts.—
607 (4) A rental agreement must contain a provision that
608 authorizes the tenant to designate an optional alternate contact
609 person. The alternate contact person may be contacted only for
610 purposes of providing notice under s. 83.806(1) or as otherwise
611 authorized by the rental agreement. Designating an alternate
612 contact person does not give such person an interest in the
613 contents stored at the self-service storage facility or in the
614 self-contained storage unit.
615 Section 6. Subsection (10) is added to section 677.210,
616 Florida Statutes, to read:
617 677.210 Enforcement of warehouse’s lien.—
618 (10) A lien on a vehicle or vessel, as those terms are
619 defined in s. 713.78(1), must be foreclosed pursuant to s.
620 713.78 and may not be foreclosed under this chapter.
621 Section 7. Paragraph (a) of subsection (2) of section
622 715.07, Florida Statutes, is amended to read:
623 715.07 Vehicles or vessels parked on private property;
624 towing.—
625 (2) The owner or lessee of real property, or any person
626 authorized by the owner or lessee, which person may be the
627 designated representative of the condominium association if the
628 real property is a condominium, may cause any vehicle or vessel
629 parked on such property without her or his permission to be
630 removed by a person regularly engaged in the business of towing
631 vehicles or vessels, without liability for the costs of removal,
632 transportation, or storage or damages caused by such removal,
633 transportation, or storage, under any of the following
634 circumstances:
635 (a) The towing or removal of any vehicle or vessel from
636 private property without the consent of the registered owner or
637 other legally authorized person in control of that vehicle or
638 vessel is subject to substantial compliance with the following
639 conditions and restrictions:
640 1.a. Any towed or removed vehicle or vessel must be stored
641 at a site within a 10-mile radius of the point of removal in any
642 county of 500,000 population or more, and within a 15-mile
643 radius of the point of removal in any county of fewer than
644 500,000 population. That site must be open for the purpose of
645 redemption of vehicles on any day that the person or firm towing
646 such vehicle or vessel is open for towing purposes, from 8:00
647 a.m. to 6:00 p.m., and, when closed, shall have prominently
648 posted a sign indicating a telephone number where the operator
649 of the site can be reached at all times. Upon receipt of a
650 telephoned request to open the site to redeem a vehicle or
651 vessel, the operator shall return to the site within 1 hour or
652 she or he will be in violation of this section.
653 b. If no towing business providing such service is located
654 within the area of towing limitations set forth in sub
655 subparagraph a., the following limitations apply: any towed or
656 removed vehicle or vessel must be stored at a site within a 20
657 mile radius of the point of removal in any county of 500,000
658 population or more, and within a 30-mile radius of the point of
659 removal in any county of fewer than 500,000 population.
660 2. The person or firm towing or removing the vehicle or
661 vessel shall, within 30 minutes after completion of such towing
662 or removal, notify the municipal police department or, in an
663 unincorporated area, the sheriff, of such towing or removal, the
664 storage site, the time the vehicle or vessel was towed or
665 removed, and the make, model, color, and license plate number of
666 the vehicle or description and registration number of the vessel
667 and shall obtain the name of the person at that department to
668 whom such information was reported and note that name on the
669 trip record.
670 3. A person in the process of towing or removing a vehicle
671 or vessel from the premises or parking lot in which the vehicle
672 or vessel is not lawfully parked must stop when a person seeks
673 the return of the vehicle or vessel. The vehicle or vessel must
674 be returned upon the payment of a reasonable service fee of not
675 more than one-half of the posted rate for the towing or removal
676 service as provided in subparagraph 6. The vehicle or vessel may
677 be towed or removed if, after a reasonable opportunity, the
678 owner or legally authorized person in control of the vehicle or
679 vessel is unable to pay the service fee. If the vehicle or
680 vessel is redeemed, a detailed signed receipt must be given to
681 the person redeeming the vehicle or vessel.
682 4. A person may not pay or accept money or other valuable
683 consideration for the privilege of towing or removing vehicles
684 or vessels from a particular location.
685 5. Except for property appurtenant to and obviously a part
686 of a single-family residence, and except for instances when
687 notice is personally given to the owner or other legally
688 authorized person in control of the vehicle or vessel that the
689 area in which that vehicle or vessel is parked is reserved or
690 otherwise unavailable for unauthorized vehicles or vessels and
691 that the vehicle or vessel is subject to being removed at the
692 owner’s or operator’s expense, any property owner or lessee, or
693 person authorized by the property owner or lessee, before towing
694 or removing any vehicle or vessel from private property without
695 the consent of the owner or other legally authorized person in
696 control of that vehicle or vessel, must post a notice meeting
697 the following requirements:
698 a. The notice must be prominently placed at each driveway
699 access or curb cut allowing vehicular access to the property
700 within 10 feet from the road, as defined in s. 334.03(22). If
701 there are no curbs or access barriers, the signs must be posted
702 not fewer than one sign for each 25 feet of lot frontage.
703 b. The notice must clearly indicate, in not fewer than 2
704 inch high, light-reflective letters on a contrasting background,
705 that unauthorized vehicles will be towed away at the owner’s
706 expense. The words “tow-away zone” must be included on the sign
707 in not fewer than 4-inch high letters.
708 c. The notice must also provide the name and current
709 telephone number of the person or firm towing or removing the
710 vehicles or vessels.
711 d. The sign structure containing the required notices must
712 be permanently installed with the words “tow-away zone” not
713 fewer than 3 feet and not more than 6 feet above ground level
714 and must be continuously maintained on the property for not
715 fewer than 24 hours before the towing or removal of any vehicles
716 or vessels.
717 e. The local government may require permitting and
718 inspection of these signs before any towing or removal of
719 vehicles or vessels being authorized.
720 f. A business with 20 or fewer parking spaces satisfies the
721 notice requirements of this subparagraph by prominently
722 displaying a sign stating “Reserved Parking for Customers Only
723 Unauthorized Vehicles or Vessels Will be Towed Away At the
724 Owner’s Expense” in not fewer than 4-inch high, light-reflective
725 letters on a contrasting background.
726 g. A property owner towing or removing vessels from real
727 property must post notice, consistent with the requirements in
728 sub-subparagraphs a.-f., which apply to vehicles, that
729 unauthorized vehicles or vessels will be towed away at the
730 owner’s expense.
731
732 A business owner or lessee may authorize the removal of a
733 vehicle or vessel by a towing company when the vehicle or vessel
734 is parked in such a manner that restricts the normal operation
735 of business; and if a vehicle or vessel parked on a public
736 right-of-way obstructs access to a private driveway the owner,
737 lessee, or agent may have the vehicle or vessel removed by a
738 towing company upon signing an order that the vehicle or vessel
739 be removed without a posted tow-away zone sign.
740 6. Any person or firm that tows or removes vehicles or
741 vessels and proposes to require an owner, operator, or person in
742 control or custody of a vehicle or vessel to pay the costs of
743 towing and storage before redemption of the vehicle or vessel
744 must file and keep on record with the local law enforcement
745 agency a complete copy of the current rates to be charged for
746 such services and post at the storage site an identical rate
747 schedule and any written contracts with property owners,
748 lessees, or persons in control of property which authorize such
749 person or firm to remove vehicles or vessels as provided in this
750 section.
751 7. Any person or firm towing or removing any vehicles or
752 vessels from private property without the consent of the owner
753 or other legally authorized person in control or custody of the
754 vehicles or vessels shall, on any trucks, wreckers as defined in
755 s. 713.78(1) s. 713.78(1)(c), or other vehicles used in the
756 towing or removal, have the name, address, and telephone number
757 of the company performing such service clearly printed in
758 contrasting colors on the driver and passenger sides of the
759 vehicle. The name shall be in at least 3-inch permanently
760 affixed letters, and the address and telephone number shall be
761 in at least 1-inch permanently affixed letters.
762 8. Vehicle entry for the purpose of removing the vehicle or
763 vessel shall be allowed with reasonable care on the part of the
764 person or firm towing the vehicle or vessel. Such person or firm
765 shall be liable for any damage occasioned to the vehicle or
766 vessel if such entry is not in accordance with the standard of
767 reasonable care.
768 9. When a vehicle or vessel has been towed or removed
769 pursuant to this section, it must be released to its owner or
770 person in control or custody within 1 hour after requested. Any
771 vehicle or vessel owner or person in control or custody has the
772 right to inspect the vehicle or vessel before accepting its
773 return, and no release or waiver of any kind which would release
774 the person or firm towing the vehicle or vessel from liability
775 for damages noted by the owner or person in control or custody
776 at the time of the redemption may be required from any vehicle
777 or vessel owner or person in control or custody as a condition
778 of release of the vehicle or vessel to its owner or person in
779 control or custody. A detailed receipt showing the legal name of
780 the company or person towing or removing the vehicle or vessel
781 must be given to the person paying towing or storage charges at
782 the time of payment, whether requested or not.
783 Section 8. This act shall take effect July 1, 2023.
784
785 ================= T I T L E A M E N D M E N T ================
786 And the title is amended as follows:
787 Delete everything before the enacting clause
788 and insert:
789 A bill to be entitled
790 An act relating to towing and storage; amending s.
791 321.051, F.S.; prohibiting the Division of the Florida
792 Highway Patrol from excluding wrecker operators from
793 the wrecker operator system or from being designated
794 as an authorized wrecker operator based solely on a
795 prior felony conviction; providing exceptions;
796 amending s. 713.78, F.S.; defining the term “towing
797 storage operator”; authorizing a towing-storage
798 operator to charge certain fees; providing that a lien
799 can only be placed on specified fees; revising
800 requirements for law enforcement agencies and the
801 Department of Highway Safety and Motor Vehicles
802 relating to the removal of vehicles or vessels;
803 revising requirements for notices of lien; revising
804 requirements relating to towing-storage operators
805 providing notice to public agencies of jurisdiction;
806 revising the timeframe in which certain unclaimed
807 vehicles or vessels may be sold; revising requirements
808 for notices of sale; revising provisions regarding
809 permission to inspect a vehicle or vessel; providing
810 when a vehicle must be made available for inspection;
811 revising criminal penalties; requiring a towing
812 storage operator to maintain certain records for at
813 least a specified period of time; providing the
814 exclusive remedy for certain liens; requiring towing
815 storage operators to accept certain types of payment;
816 prohibiting certain persons from being required to
817 furnish more than one form of current government photo
818 identification for purposes of verifying their
819 identity; making technical changes; amending s. 83.19,
820 F.S.; conforming a provision to changes made by the
821 act; amending s. 83.806, F.S.; revising requirements
822 for the sale or disposition of property at self
823 service storage facilities; providing inspection
824 requirements for vehicles or vessels being sold by a
825 facility or unit owner; requiring vehicles or vessels
826 to be released under certain circumstances; providing
827 a criminal penalty; providing requirements for filing
828 lawsuits relating to such vehicles or vessels;
829 specifying that failure to make good faith efforts to
830 comply with certain notice requirements precludes the
831 imposition of certain storage charges; specifying that
832 copies of specified documents constitute satisfactory
833 proof for transfer of title; conforming provisions to
834 changes made by the act; amending s. 83.808, F.S.;
835 requiring that rental agreements relating to self
836 service storage facilities authorize tenants to
837 designate an optional alternate contact person;
838 specifying such person may only be contacted for
839 certain purposes; specifying that such person does not
840 have an interest in the contents stored at the self
841 service storage facility or in the self-contained
842 storage unit; amending s. 677.210, F.S.; conforming
843 provisions to changes made by the act; amending s.
844 715.07, F.S.; conforming a cross-reference; providing
845 an effective date.