Florida Senate - 2024                        COMMITTEE AMENDMENT
       Bill No. CS for SB 774
       
       
       
       
       
       
                                Ì3276445Î327644                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  02/21/2024           .                                
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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. Paragraphs (b) and (c) of subsection (1) of
    6  section 125.0103, Florida Statutes, are amended, and paragraphs
    7  (d) and (e) are added to that subsection, to read:
    8         125.0103 Ordinances and rules imposing price controls.—
    9         (1)
   10         (b) This section does not prevent the enactment by local
   11  governments of public service rates otherwise authorized by law,
   12  including water, sewer, solid waste, public transportation,
   13  taxicab, or port rates;, rates for towing of vehicles or vessels
   14  from or immobilization of vehicles or vessels on private
   15  property;, or rates for removal and storage of wrecked or
   16  disabled vehicles or vessels from an accident scene or the
   17  removal and storage of vehicles or vessels, in the event the
   18  owner or operator is incapacitated, unavailable, leaves the
   19  procurement of wrecker service to the law enforcement officer at
   20  the scene, or otherwise does not consent to the removal of the
   21  vehicle or vessel.
   22         (c) Counties must establish maximum rates which may be
   23  charged on the towing of vehicles or vessels from or
   24  immobilization of vehicles or vessels on private property or
   25  which may be charged for, removal and storage of wrecked or
   26  disabled vehicles or vessels from an accident scene or for the
   27  removal and storage of vehicles or vessels, in the event the
   28  owner or operator is incapacitated, unavailable, leaves the
   29  procurement of wrecker service to the law enforcement officer at
   30  the scene, or otherwise does not consent to the removal of the
   31  vehicle or vessel. However, if a municipality chooses to enact
   32  an ordinance establishing the maximum rates for the towing or
   33  immobilization of vehicles or vessels as described in paragraph
   34  (b), the county’s ordinance does not apply within such
   35  municipality.
   36         (d)1.Counties must, and municipalities may, establish
   37  maximum rates which a wrecker service may charge for cleanup and
   38  disposal of hazardous and nonhazardous materials incidental to
   39  removal and storage of wrecked or disabled vehicles or vessels
   40  from an accident scene or the removal and storage of vehicles or
   41  vessels, in the event the owner or operator is incapacitated,
   42  unavailable, leaves the procurement of wrecker service to the
   43  law enforcement officer at the scene, or otherwise does not
   44  consent to the removal of the vehicle or vessel. If a
   45  municipality enacts an ordinance establishing maximum rates
   46  under this paragraph, the county’s ordinance does not apply
   47  within such municipality.
   48         2.A wrecker service that is requested to perform cleanup
   49  or disposal of hazardous or nonhazardous materials subject to
   50  maximum rates established under subparagraph 1. must notify the
   51  applicable local government as soon as practicable of its
   52  intention not to perform such cleanup or disposal.
   53         3.This paragraph does not create a duty on the part of a
   54  vehicle or vessel owner who is a named insured on a valid
   55  insurance contract, or the insurer who issues such contract, to
   56  pay for cleanup or disposal of hazardous or nonhazardous
   57  materials beyond what is covered under the vehicle’s or vessel’s
   58  insurance contract in place at the time of the incident
   59  requiring such cleanup or disposal of hazardous or nonhazardous
   60  materials.
   61         (e)A county or municipality that has established maximum
   62  rates as described in paragraphs (c) and (d) must publish such
   63  rates on its website and must establish a process for
   64  investigating and resolving complaints regarding fees charged in
   65  excess of such rates. In areas where no maximum rates as
   66  described in paragraphs (c) and (d) have been established, the
   67  maximum rates established by the Division of Florida Highway
   68  Patrol under s. 321.051(2) apply.
   69         Section 2. Paragraphs (b) and (c) of subsection (1) of
   70  section 166.043, Florida Statutes, are amended, and paragraphs
   71  (d) and (e) are added to that subsection, to read:
   72         166.043 Ordinances and rules imposing price controls.—
   73         (1)
   74         (b) This section does not prevent the enactment by local
   75  governments of public service rates otherwise authorized by law,
   76  including water, sewer, solid waste, public transportation,
   77  taxicab, or port rates;, rates for towing of vehicles or vessels
   78  from or immobilization of vehicles or vessels on private
   79  property;, or rates for removal and storage of wrecked or
   80  disabled vehicles or vessels from an accident scene or the
   81  removal and storage of vehicles or vessels, in the event the
   82  owner or operator is incapacitated, unavailable, leaves the
   83  procurement of wrecker service to the law enforcement officer at
   84  the scene, or otherwise does not consent to the removal of the
   85  vehicle or vessel.
   86         (c) Counties must establish maximum rates which may be
   87  charged on the towing of vehicles or vessels from or
   88  immobilization of vehicles or vessels on private property or
   89  which may be charged for, removal and storage of wrecked or
   90  disabled vehicles or vessels from an accident scene or for the
   91  removal and storage of vehicles or vessels, in the event the
   92  owner or operator is incapacitated, unavailable, leaves the
   93  procurement of wrecker service to the law enforcement officer at
   94  the scene, or otherwise does not consent to the removal of the
   95  vehicle or vessel. However, if a municipality chooses to enact
   96  an ordinance establishing the maximum rates for the towing or
   97  immobilization of vehicles or vessels as described in paragraph
   98  (b), the county’s ordinance established under s. 125.0103 does
   99  not apply within such municipality.
  100         (d)1.Counties must, and municipalities may, establish
  101  maximum rates which a wrecker service may charge for cleanup and
  102  disposal of hazardous and nonhazardous materials incidental to
  103  removal and storage of wrecked or disabled vehicles or vessels
  104  from an accident scene or the removal and storage of vehicles or
  105  vessels, in the event the owner or operator is incapacitated,
  106  unavailable, leaves the procurement of wrecker service to the
  107  law enforcement officer at the scene, or otherwise does not
  108  consent to the removal of the vehicle or vessel. If a
  109  municipality enacts an ordinance establishing maximum rates
  110  under this paragraph, the county’s ordinance does not apply
  111  within such municipality.
  112         2.A wrecker service that is requested to perform cleanup
  113  or disposal of hazardous or nonhazardous materials subject to
  114  maximum rates established under subparagraph 1. must notify the
  115  applicable local government as soon as practicable of its
  116  intention not to perform such cleanup or disposal.
  117         3.This paragraph does not create a duty on the part of a
  118  vehicle or vessel owner who is a named insured on a valid
  119  insurance contract, or the insurer who issues such contract, to
  120  pay for cleanup or disposal of hazardous or nonhazardous
  121  materials beyond what is covered under the vehicle’s or vessel’s
  122  insurance contract in place at the time of the incident
  123  requiring such cleanup or disposal of hazardous or nonhazardous
  124  materials.
  125         (e)A county or municipality that has established maximum
  126  rates as described in paragraphs (c) and (d) must publish such
  127  rates on its website and must establish a process for
  128  investigating and resolving complaints regarding fees charged in
  129  excess of such rates. In areas where no maximum rates as
  130  described in paragraphs (c) and (d) have been established, the
  131  maximum rates established by the Division of Florida Highway
  132  Patrol under s. 321.051(2) apply.
  133         Section 3. Subsection (2) of section 321.051, Florida
  134  Statutes, is amended to read:
  135         321.051 Florida Highway Patrol wrecker operator system;
  136  penalties for operation outside of system.—
  137         (2)(a) The Division of Florida Highway Patrol of the
  138  Department of Highway Safety and Motor Vehicles is authorized to
  139  establish within areas designated by the patrol a wrecker
  140  operator system using qualified, reputable wrecker operators for
  141  removal and storage of wrecked or disabled vehicles from a crash
  142  scene or for removal and storage of abandoned vehicles, in the
  143  event the owner or operator is incapacitated or unavailable or
  144  leaves the procurement of wrecker service to the officer at the
  145  scene. All reputable wrecker operators are shall be eligible for
  146  use in the system provided their equipment and drivers meet
  147  recognized safety qualifications and mechanical standards set by
  148  rules of the Division of Florida Highway Patrol for the size of
  149  vehicle it is designed to handle. The division may not exclude a
  150  wrecker operator from the wrecker operator system or fail to
  151  designate a wrecker operator as an authorized wrecker operator
  152  based solely on a prior felony conviction unless such conviction
  153  is for a forcible felony as defined in s. 776.08 or a felony
  154  listed in s. 812.014(2)(c)6. or s. 812.16(2). The division is
  155  authorized to limit the number of wrecker operators
  156  participating in the wrecker operator system, which authority
  157  shall not affect wrecker operators currently participating in
  158  the system established by this section. The division must is
  159  authorized to establish maximum rates for the towing and storage
  160  of vehicles removed at the division’s request, and for cleanup
  161  and disposal of hazardous and nonhazardous materials incidental
  162  to the towing of such vehicles, where such rates have not been
  163  set by a county or municipality pursuant to s. 125.0103 or s.
  164  166.043. Such rates shall not be considered rules for the
  165  purpose of chapter 120; however, the department shall establish
  166  by rule a procedure for setting such rates.
  167         (b)1.A wrecker operator that is requested to perform
  168  cleanup or disposal of hazardous or nonhazardous materials
  169  subject to maximum rates established under paragraph (a) must
  170  notify the division or one of its officers as soon as
  171  practicable of its intention not to perform such cleanup or
  172  disposal.
  173         2.This subsection does not create a duty on the part of a
  174  vehicle owner who is a named insured on a valid insurance
  175  contract, or the insurer who issues such contract, to pay for
  176  cleanup or disposal of hazardous or nonhazardous materials
  177  beyond what is covered under the vehicle’s insurance contract in
  178  place at the time of the incident requiring such cleanup or
  179  disposal of hazardous or nonhazardous materials.
  180         (c)The department must publish on its website the maximum
  181  rates established under this subsection and must establish a
  182  process for investigating and resolving complaints regarding
  183  fees charged in excess of such maximum rates.
  184         (d) Any provision in chapter 120 to the contrary
  185  notwithstanding, a final order of the department denying,
  186  suspending, or revoking a wrecker operator’s participation in
  187  the system shall be reviewable in the manner and within the time
  188  provided by the Florida Rules of Appellate Procedure only by a
  189  writ of certiorari issued by the circuit court in the county
  190  wherein such wrecker operator resides.
  191         Section 4. Subsection (8) is added to section 323.001,
  192  Florida Statutes, to read:
  193         323.001 Wrecker operator storage facilities; vehicle
  194  holds.—
  195         (8)If a vehicle is stored at a wrecker operator’s facility
  196  pursuant to an investigatory hold or a hold for other
  197  evidentiary purposes, the investigatory agency or other person
  198  requiring such hold must take possession of the vehicle within
  199  30 days after the first day on which the vehicle is stored,
  200  unless another timeframe is otherwise agreed upon by the wrecker
  201  operator and the investigatory agency or other person requiring
  202  the hold.
  203         Section 5. Subsections (1), (2), (4), (5), (6), (8), (9),
  204  and (10), paragraph (a) of subsection (11), paragraphs (a) and
  205  (d) of subsection (12), paragraphs (a), (b), and (d) of
  206  subsection (13), and subsection (17) of section 713.78, Florida
  207  Statutes, are amended, and subsections (18), (19), and (20) are
  208  added to that section, to read:
  209         713.78 Liens for recovering, towing, or storing vehicles
  210  and vessels.—
  211         (1) For the purposes of this section, the term:
  212         (g)(a) “Vehicle” means any mobile item, whether motorized
  213  or not, which is mounted on wheels.
  214         (h)(b) “Vessel” means every description of watercraft,
  215  barge, and airboat used or capable of being used as a means of
  216  transportation on water, other than a seaplane or a “documented
  217  vessel” as defined in s. 327.02.
  218         (i)(c) “Wrecker” means any truck or other vehicle that
  219  which is used to tow, carry, or otherwise transport motor
  220  vehicles or vessels upon the streets and highways of this state
  221  and which is equipped for that purpose with a boom, winch, car
  222  carrier, or other similar equipment.
  223         (c)(d) “National Motor Vehicle Title Information System”
  224  means the federally authorized electronic National Motor Vehicle
  225  Title Information System.
  226         (a)(e) “Equivalent commercially available system” means a
  227  service that charges a fee to provide vehicle information and
  228  that at a minimum maintains records from those states
  229  participating in data sharing with the National Motor Vehicle
  230  Title Information System.
  231         (b)“Good faith effort” means that all of the following
  232  checks have been performed by a towing-storage operator to
  233  establish the prior state of registration and title of a vehicle
  234  or vessel that has been towed or stored by the towing-storage
  235  operator:
  236         1.A check of the department’s database for the owner and
  237  any lienholder.
  238         2.A check of the electronic National Motor Vehicle Title
  239  Information System or an equivalent commercially available
  240  system to determine the state of registration when there is not
  241  a current registration record for the vehicle or vessel on file
  242  with the department.
  243         3.A check of the vehicle or vessel for any type of tag,
  244  tag record, temporary tag, or regular tag.
  245         4.A check of the law enforcement report for a tag number
  246  or other information identifying the vehicle or vessel, if the
  247  vehicle or vessel was towed at the request of a law enforcement
  248  officer.
  249         5.A check of the trip sheet or tow ticket of the tow truck
  250  operator to determine whether a tag was on the vehicle or vessel
  251  at the beginning of the tow, if a private tow.
  252         6.If there is no address of the owner on the impound
  253  report, a check of the law enforcement report to determine
  254  whether an out-of-state address is indicated from driver license
  255  information.
  256         7.A check of the vehicle or vessel for an inspection
  257  sticker or other stickers and decals that may indicate a state
  258  of possible registration.
  259         8.A check of the interior of the vehicle or vessel for any
  260  papers that may be in the glove box, trunk, or other areas for a
  261  state of registration.
  262         9.A check of the vehicle for a vehicle identification
  263  number.
  264         10.A check of the vessel for a vessel registration number.
  265         11.A check of the vessel hull for a hull identification
  266  number, which should be carved, burned, stamped, embossed, or
  267  otherwise permanently affixed to the outboard side of the
  268  transom or, if there is no transom, to the outmost seaboard side
  269  at the end of the hull that bears the rudder or other steering
  270  mechanism.
  271         (d)“Newer model” means a vehicle or vessel that is 3 model
  272  years old or less, beginning with the model year of the vehicle
  273  or vessel as year 1.
  274         (e)“Older model” means a vehicle or vessel that is more
  275  than 3 model years old, beginning with the model year of the
  276  vehicle or vessel as year 1.
  277         (f)“Towing-storage operator” means a person who regularly
  278  engages in the business of transporting vehicles or vessels by
  279  wrecker, tow truck, or car carrier, or the storing of such
  280  vehicles or vessels.
  281         (2)(a)Whenever A towing-storage operator may charge the
  282  owner or operator of a vehicle or vessel only the following fees
  283  for, or incidental to, the recovery, removal, or storage of the
  284  vehicle or vessel:
  285         1.Any reasonable fee for service specifically authorized
  286  under s. 125.0103 or s. 166.043 by ordinance, resolution,
  287  regulation, or rule of the county or municipality in which the
  288  service is performed.
  289         2.Any reasonable fee for service specifically authorized
  290  by the Division of Florida Highway Patrol of the Department of
  291  Highway Safety and Motor Vehicles under s. 321.051(2).
  292         3.Any reasonable fee for service as agreed upon in writing
  293  between a towing-storage operator and the owner of a vehicle or
  294  vessel.
  295         4.Any lien release administrative fee as set forth in
  296  paragraph (15)(a).
  297         5.Any reasonable administrative fee or charge imposed by a
  298  county or municipality pursuant to s. 125.01047, s. 166.04465,
  299  or s. 323.002 upon the registered owner or other legally
  300  authorized person in control of a vehicle or vessel.
  301         (b)If a towing-storage operator person regularly engaged
  302  in the business of transporting vehicles or vessels by wrecker,
  303  tow truck, or car carrier recovers, removes, or stores a vehicle
  304  or vessel upon instructions from:
  305         1.(a) The owner thereof;
  306         2.(b) The owner or lessor, or a person authorized by the
  307  owner or lessor, of property on which such vehicle or vessel is
  308  wrongfully parked, and the removal is done in compliance with s.
  309  715.07;
  310         3.(c) The landlord or a person authorized by the landlord,
  311  when such motor vehicle or vessel remained on the premises after
  312  the tenancy terminated and the removal is done in compliance
  313  with s. 83.806 or s. 715.104; or
  314         4.(d) Any law enforcement agency, county, or municipality,
  315  
  316  she or he has shall have a lien on the vehicle or vessel for
  317  fees specified in paragraph (a) a reasonable towing fee, for a
  318  reasonable administrative fee or charge imposed by a county or
  319  municipality, and for a reasonable storage fee; except that a
  320  storage fee may not be charged if the vehicle or vessel is
  321  stored for less fewer than 6 hours.
  322         (c)A towing-storage operator may enter, using reasonable
  323  care, a vehicle or vessel for purposes of recovering, removing,
  324  or storing such vehicle or vessel. A towing-storage operator is
  325  liable for any damage to the vehicle or vessel if such entry is
  326  not in accordance with the standard of reasonable care.
  327         (4)(a) A towing-storage operator person regularly engaged
  328  in the business of recovering, towing, or storing vehicles or
  329  vessels who comes into possession of a vehicle or vessel
  330  pursuant to paragraph (2)(b) subsection (2), and who claims a
  331  lien for recovery, towing, or storage services, must shall give
  332  notice, by certified mail, pursuant to subsection (16), to the
  333  registered owner, the insurance company insuring the vehicle or
  334  vessel notwithstanding s. 627.736, and all persons claiming a
  335  lien thereon, as disclosed by the records in the Department of
  336  Highway Safety and Motor Vehicles or as disclosed by the records
  337  of any corresponding agency in any other state in which the
  338  vehicle or vessel is identified through a records check of the
  339  National Motor Vehicle Title Information System or an equivalent
  340  commercially available system as being titled or registered.
  341         (b) When Whenever a law enforcement agency, county, or
  342  municipality authorizes the removal of a vehicle or vessel, or
  343  whenever a towing service, garage, repair shop, or automotive
  344  service, storage, or parking place notifies a the law
  345  enforcement agency of possession of a vehicle or vessel pursuant
  346  to s. 715.07(2)(a)2., if an approved third-party service cannot
  347  obtain the vehicle’s or vessel’s owner, lienholder, and insurer
  348  information or last state of record pursuant to subsection (16),
  349  then the person in charge of the towing service, garage, repair
  350  shop, or automotive service, storage, or parking place must
  351  request such information from the law enforcement agency of the
  352  jurisdiction where the vehicle or vessel is stored. The law
  353  enforcement agency to which the request was made must shall
  354  contact the Department of Highway Safety and Motor Vehicles, or
  355  the appropriate agency of the state of registration, if known,
  356  within 24 hours through the medium of electronic communications,
  357  giving the full description of the vehicle or vessel. Upon
  358  receipt of the full description of the vehicle or vessel, the
  359  department must shall search its files to determine the owner’s
  360  name, the insurance company insuring the vehicle or vessel, and
  361  whether any person has filed a lien upon the vehicle or vessel
  362  as provided in s. 319.27(2) and (3) and notify the applicable
  363  law enforcement agency within 72 hours. The person in charge of
  364  the towing service, garage, repair shop, or automotive service,
  365  storage, or parking place must request shall obtain such
  366  information from the applicable law enforcement agency within 5
  367  days after the date of storage and must provide the information
  368  to the approved third-party service in order to transmit notices
  369  as required under subsection (16) shall give notice pursuant to
  370  paragraph (a). The department may release the insurance company
  371  information to the requestor notwithstanding s. 627.736.
  372         (c) The notice of lien must be sent by an approved third
  373  party service by certified mail to the registered owner, the
  374  insurance company insuring the vehicle notwithstanding s.
  375  627.736, and all other persons claiming a lien thereon within 5
  376  7 business days, excluding a Saturday, and Sunday, or federal
  377  legal holiday, after the date of storage of the vehicle or
  378  vessel. However, in no event shall the notice of lien be sent
  379  less than 30 days before the sale of the vehicle or vessel. The
  380  notice must state all of the following:
  381         1. If the claim of lien is for a vehicle, the last 8 digits
  382  of the vehicle identification number of the vehicle subject to
  383  the lien, or, if the claim of lien is for a vessel, the hull
  384  identification number of the vessel subject to the lien, clearly
  385  printed in the delivery address box and on the outside of the
  386  envelope sent to the registered owner and all other persons
  387  claiming an interest in therein or lien on the vehicle or vessel
  388  thereon.
  389         2. The name, physical address, and telephone number of the
  390  lienor, and the entity name, as registered with the Division of
  391  Corporations, of the business where the towing and storage
  392  occurred, which must also appear on the outside of the envelope
  393  sent to the registered owner and all other persons claiming an
  394  interest in or lien on the vehicle or vessel.
  395         3. The fact of possession of the vehicle or vessel.
  396         4. The name of the person or entity that authorized the
  397  lienor to take possession of the vehicle or vessel.
  398         5. That a lien as provided in paragraph (2)(b) subsection
  399  (2) is claimed.
  400         6. That charges have accrued and include an itemized
  401  statement of the amount thereof.
  402         7. That the lien is subject to enforcement under law and
  403  that the owner or lienholder, if any, has the right to file a
  404  complaint hearing as set forth in subsection (5).
  405         8. That any vehicle or vessel that remains unclaimed, or
  406  for which the charges for recovery, towing, or storage services
  407  remain unpaid, may be sold free of all prior liens 35 days after
  408  the vehicle or vessel is stored by the lienor if the vehicle or
  409  vessel is an older model more than 3 years of age or 57 50 days
  410  after the vehicle or vessel is stored by the lienor if the
  411  vehicle or vessel is a newer model 3 years of age or less.
  412         9. The address at which the vehicle or vessel is physically
  413  located.
  414         (d) The notice of lien may not be sent to the registered
  415  owner, the insurance company insuring the vehicle or vessel, and
  416  all other persons claiming a lien thereon less than 30 days
  417  before the sale of a the vehicle or vessel that is an older
  418  model or less than 52 days before the sale of a vehicle or
  419  vessel that is a newer model.
  420         (e) If attempts to locate the name and address of the
  421  registered owner, the insurance company insuring the vehicle or
  422  vessel, and any other person claiming a lien thereon are or
  423  lienholder prove unsuccessful, 5 the towing-storage operator
  424  shall, after 7 business days, excluding a Saturday, and Sunday,
  425  or federal legal holiday, after the initial tow or storage, the
  426  towing-storage operator must notify the public agency of
  427  jurisdiction where the vehicle or vessel is stored in writing by
  428  certified mail or receipt-acknowledged electronic delivery
  429  acknowledged hand delivery that the towing-storage operator
  430  company has been unable to locate the name and address of the
  431  owner or lienholder and a physical search of the vehicle or
  432  vessel has disclosed no ownership information and a good faith
  433  effort has been made, including records checks of the Department
  434  of Highway Safety and Motor Vehicles database and the National
  435  Motor Vehicle Title Information System or an equivalent
  436  commercially available system. For purposes of this paragraph
  437  and subsection (9), the term “good faith effort” means that the
  438  following checks have been performed by the company to establish
  439  the prior state of registration and for title:
  440         1.A check of the department’s database for the owner and
  441  any lienholder.
  442         2.A check of the electronic National Motor Vehicle Title
  443  Information System or an equivalent commercially available
  444  system to determine the state of registration when there is not
  445  a current registration record for the vehicle or vessel on file
  446  with the department.
  447         3.A check of the vehicle or vessel for any type of tag,
  448  tag record, temporary tag, or regular tag.
  449         4.A check of the law enforcement report for a tag number
  450  or other information identifying the vehicle or vessel, if the
  451  vehicle or vessel was towed at the request of a law enforcement
  452  officer.
  453         5.A check of the trip sheet or tow ticket of the tow truck
  454  operator to determine whether a tag was on the vehicle or vessel
  455  at the beginning of the tow, if a private tow.
  456         6.If there is no address of the owner on the impound
  457  report, a check of the law enforcement report to determine
  458  whether an out-of-state address is indicated from driver license
  459  information.
  460         7.A check of the vehicle or vessel for an inspection
  461  sticker or other stickers and decals that may indicate a state
  462  of possible registration.
  463         8.A check of the interior of the vehicle or vessel for any
  464  papers that may be in the glove box, trunk, or other areas for a
  465  state of registration.
  466         9.A check of the vehicle for a vehicle identification
  467  number.
  468         10.A check of the vessel for a vessel registration number.
  469         11.A check of the vessel hull for a hull identification
  470  number which should be carved, burned, stamped, embossed, or
  471  otherwise permanently affixed to the outboard side of the
  472  transom or, if there is no transom, to the outmost seaboard side
  473  at the end of the hull that bears the rudder or other steering
  474  mechanism.
  475         (5)(a) The registered owner of a vehicle or vessel in the
  476  possession of a towing-storage operator removed pursuant to
  477  subsection (2), the insurance company insuring the vehicle or
  478  vessel, and all other persons claiming a lien thereon or any
  479  person claiming a lien, other than the towing-storage operator,
  480  may initiate judicial proceedings within 10 days after the time
  481  she or he has knowledge of the location of the vehicle or
  482  vessel, may file a complaint in the county court of competent
  483  jurisdiction in the county in which the vehicle or vessel is
  484  stored to determine whether the vehicle or vessel her or his
  485  property was wrongfully taken or withheld or whether fees were
  486  wrongfully charged.
  487         (b) Regardless of whether judicial proceedings have been
  488  initiated pursuant to paragraph (a), at any time before the sale
  489  of the vehicle or vessel by the towing-storage operator, the an
  490  owner of the vehicle or vessel, the insurance company insuring
  491  the vehicle or vessel, and all other persons claiming a lien
  492  thereon, other than the towing-storage operator, or lienholder
  493  may have the her or his vehicle or vessel released upon posting
  494  with the clerk of the court in the county in which the vehicle
  495  is held court a cash or surety bond or other adequate security
  496  equal to the amount of the accrued charges set forth in the
  497  notice of lien, plus accrued storage charges, at the time of the
  498  release of the vehicle or vessel, if any, of the charges for
  499  towing or storage and lot rental amount to ensure the payment of
  500  such charges in the event a court determines that the vehicle or
  501  vessel was not wrongfully taken or withheld or fees were not
  502  wrongfully charged she or he does not prevail. The owner of the
  503  vehicle or vessel, the insurance company insuring the vehicle or
  504  vessel, and all other persons claiming a lien thereon, other
  505  than the towing-storage operator, may not be required to
  506  initiate judicial proceedings in order to post the bond in the
  507  registry of the court and are not required to use a particular
  508  form for posting the bond unless the clerk provides such form.
  509  Upon the posting of the bond and the payment of the applicable
  510  fee set forth in s. 28.24, the clerk of the court must
  511  automatically issue a certificate notifying the towing-storage
  512  operator of the posting of the bond and directing the towing
  513  storage operator to release the vehicle or vessel to the party
  514  that posted the bond the clerk of the court shall issue a
  515  certificate notifying the lienor of the posting of the bond and
  516  directing the lienor to release the vehicle or vessel. At the
  517  time of such release, after reasonable inspection, the party
  518  that posted the bond must she or he shall give a receipt to the
  519  towing-storage operator company reciting any claims she or he
  520  has for loss or damage to the vehicle or vessel or the contents
  521  thereof, or such claims are deemed waived.
  522         1.Upon receiving a copy of a certificate giving notice of
  523  the posting of the bond in the required amount and directing
  524  release of the vehicle or vessel, a towing-storage operator must
  525  release or return the vehicle or vessel to the party that posted
  526  the bond.
  527         2.If the party posting the bond does not initiate judicial
  528  proceedings pursuant to paragraph (a) within 45 days after the
  529  issuance of the certificate by the clerk of the court, then upon
  530  request by the towing-storage operator the clerk of court must:
  531         a.Release the cash to the towing-storage operator; or
  532         b.Issue a notice certifying that no judicial proceeding
  533  has been initiated within 45 days after the issuance of the
  534  certificate and requiring the surety that issued the bond to
  535  promptly pay the full face value of the bond to the towing
  536  storage operator. The towing-storage operator has the
  537  obligation, upon receipt of the clerk’s notice, to timely notify
  538  the surety. Any notice issued by the clerk under this sub
  539  subparagraph, if not delivered to the surety, expires 120 days
  540  after issuance by the clerk.
  541         (c) Upon determining the respective rights of the parties,
  542  the court may award damages, attorney attorney’s fees, and costs
  543  in favor of the prevailing party. In the event the defendant
  544  prevails In any event, the final order must shall provide for
  545  immediate payment in full of recovery, towing, and storage fees
  546  by the vehicle or vessel owner or lienholder; or the agency
  547  ordering the tow; or the owner, lessee, or agent thereof of the
  548  property from which the vehicle or vessel was removed.
  549         (6) A vehicle or vessel that is stored pursuant to
  550  paragraph (2)(b) subsection (2) and remains unclaimed, or for
  551  which reasonable charges for recovery, towing, or storing remain
  552  unpaid, and any contents not released pursuant to subsection
  553  (10), may be sold by the owner or operator of the storage space
  554  for such towing or storage charge 35 days after the vehicle or
  555  vessel is stored by the lienor if the vehicle or vessel is an
  556  older model more than 3 years of age or 57 50 days after the
  557  vehicle or vessel is stored by the lienor if the vehicle or
  558  vessel is a newer model 3 years of age or less. The sale must
  559  shall be at public sale for cash. If the date of the sale was
  560  not included in the notice required in subsection (4), notice of
  561  the sale must shall be given to the person in whose name the
  562  vehicle or vessel is registered and to all persons claiming a
  563  lien on the vehicle or vessel as shown on the records of the
  564  Department of Highway Safety and Motor Vehicles or of any
  565  corresponding agency in any other state in which the vehicle is
  566  identified through a records check of the National Motor Vehicle
  567  Title Information System or an equivalent commercially available
  568  system as being titled. Notice of the sale must be sent by
  569  certified mail to the registered owner of the vehicle or vessel,
  570  the insurance company insuring the vehicle or vessel, and the
  571  person having the recorded lien on the vehicle or vessel at the
  572  address shown on the records of the registering agency at least
  573  30 days before the sale of the vehicle or vessel. The notice
  574  must have clearly identified and printed, if the claim of lien
  575  is for a motor vehicle, The last 8 digits of the vehicle
  576  identification number of the motor vehicle subject to the lien,
  577  or, if the claim of lien is for a vessel, the hull
  578  identification number of the vessel subject to the lien, must be
  579  clearly identified and printed in the delivery address box and
  580  on the outside of the envelope sent to the registered owner, the
  581  insurance company insuring the vehicle or vessel, and all other
  582  persons claiming an interest in therein or lien on the vehicle
  583  or vessel thereon. The notice must be sent to the owner of the
  584  vehicle or vessel and the person having the recorded lien on the
  585  vehicle or vessel at the address shown on the records of the
  586  registering agency at least 30 days before the sale of the
  587  vehicle or vessel. The notice must state the name, physical
  588  address, and telephone number of the lienor, and the vehicle
  589  identification number if the claim of lien is for a vehicle or
  590  the hull identification number if the claim of lien is for a
  591  vessel, all of which must also appear in the return address
  592  section on the outside of the envelope containing the notice of
  593  sale. After diligent search and inquiry, if the name and address
  594  of the registered owner or the owner of the recorded lien cannot
  595  be ascertained, the requirements of notice by mail may be
  596  dispensed with. In addition to the notice by mail, public notice
  597  of the time and place of sale must shall be made by publishing a
  598  notice thereof one time, at least 20 10 days before the date of
  599  the sale, on the publicly available website maintained by an
  600  approved third-party service. The third-party service must
  601  electronically report to the Department of Highway Safety and
  602  Motor Vehicles, via an electronic data exchange process using a
  603  web interface, the name, physical address, and telephone number
  604  of the lienor; the time and place of the sale; the vehicle’s
  605  license plate number, if known; the vehicle identification
  606  number, if the claim of lien is for a vehicle, or the hull
  607  identification number, if the claim of lien is for a vessel; and
  608  the amount due for towing, recovery, storage, and administrative
  609  fees. The third-party service that publishes the public notice
  610  of sale and electronically reports the required information to
  611  the department may collect and retain a service charge of no
  612  more than $1 in a newspaper of general circulation in the county
  613  in which the sale is to be held. The proceeds of the sale, after
  614  payment of reasonable towing and storage charges, and costs of
  615  the sale, in that order of priority, must shall be deposited
  616  with the clerk of the circuit court for the county if the owner
  617  or lienholder is absent, and the clerk must shall hold such
  618  proceeds subject to the claim of the owner or lienholder legally
  619  entitled thereto. The clerk is shall be entitled to receive 5
  620  percent of such proceeds for the care and disbursement thereof.
  621  The certificate of title issued under this section must this law
  622  shall be discharged of all liens unless otherwise provided by
  623  court order. The owner or lienholder may file a complaint after
  624  the vehicle or vessel has been sold in the county court of the
  625  county in which it is stored. Upon determining the respective
  626  rights of the parties, the court may award damages, attorney
  627  fees, and costs in favor of the prevailing party.
  628         (8) A towing-storage operator person regularly engaged in
  629  the business of recovering, towing, or storing vehicles or
  630  vessels, except a person licensed under chapter 493 while
  631  engaged in “repossession” activities as defined in s. 493.6101,
  632  may not operate a wrecker, tow truck, or car carrier unless the
  633  name, address, and telephone number of the company performing
  634  the service is clearly printed in contrasting colors on the
  635  driver and passenger sides of its vehicle. The name must be in
  636  at least 3-inch permanently affixed letters, and the address and
  637  telephone number must be in at least 1-inch permanently affixed
  638  letters.
  639         (9) Failure to make good faith efforts to comply with the
  640  notice requirements of this section precludes the imposition of
  641  any storage charges against the vehicle or vessel. If a lienor
  642  fails to provide notice to a person claiming a lien on a vehicle
  643  or vessel in accordance with subsection (4), the lienor may not
  644  charge the person for more than 5 7 days of storage, but such
  645  failure does not affect charges made for towing the vehicle or
  646  vessel or the priority of liens on the vehicle or vessel.
  647         (10) A towing-storage operator must Persons who provide
  648  services pursuant to this section shall permit vehicle or vessel
  649  owners, lienholders, insurance company representatives, or their
  650  agents, whose interest in the vehicle or vessel is evidenced by
  651  any of the documents listed in subsection (17) which agency is
  652  evidenced by an original writing acknowledged by the owner
  653  before a notary public or other person empowered by law to
  654  administer oaths, to inspect the towed vehicle or vessel and
  655  must shall release to the owner, lienholder, or agent the
  656  vehicle, vessel, or all personal property not affixed to the
  657  vehicle or vessel which was in the vehicle or vessel at the time
  658  the vehicle or vessel came into the custody of the towing
  659  storage operator. The inspection and release of the vehicle,
  660  vessel, or personal property must be permitted within 1 hour
  661  after the owner, lienholder, insurance company representative,
  662  or their agent presents any of the documents listed in
  663  subsection (17) to the towing-storage operator during normal
  664  business hours at the site where the vehicle or vessel is
  665  stored. Notwithstanding subparagraph (17)(a)5., a rental vehicle
  666  or vessel agreement is not evidence that the person who rented a
  667  vehicle or vessel is an agent of the rental vehicle or vessel
  668  owner for the purpose of releasing the vehicle or vessel.
  669  However, a towing-storage operator must release to the renter of
  670  a rental vehicle or vessel all personal property belonging to
  671  the renter which is not affixed to the rental vehicle or vessel
  672  within 1 hour after the renter’s arrival person providing such
  673  services.
  674         (11)(a) A towing-storage operator Any person regularly
  675  engaged in the business of recovering, towing, or storing
  676  vehicles or vessels who comes into possession of a vehicle or
  677  vessel pursuant to paragraph (2)(b) subsection (2) and who has
  678  complied with the provisions of subsections (4) (3) and (6),
  679  when such vehicle or vessel is to be sold for purposes of being
  680  dismantled, destroyed, or changed in such manner that it is not
  681  the motor vehicle or vessel described in the certificate of
  682  title, must shall report the vehicle to the National Motor
  683  Vehicle Title Information System and apply to the Department of
  684  Highway Safety and Motor Vehicles for a certificate of
  685  destruction. A certificate of destruction, which authorizes the
  686  dismantling or destruction of the vehicle or vessel described
  687  therein, is shall be reassignable a maximum of two times before
  688  dismantling or destruction of the vehicle is shall be required,
  689  and must shall accompany the vehicle or vessel for which it is
  690  issued, when such vehicle or vessel is sold for such purposes,
  691  in lieu of a certificate of title. The application for a
  692  certificate of destruction must include proof of reporting to
  693  the National Motor Vehicle Title Information System and an
  694  affidavit from the applicant that she or he it has complied with
  695  all applicable requirements of this section and, if the vehicle
  696  or vessel is not registered in this state or any other state, by
  697  a statement from a law enforcement officer that the vehicle or
  698  vessel is not reported stolen, and must shall be accompanied by
  699  such documentation as may be required by the department.
  700         (12)(a) Any person who violates any provision of subsection
  701  (1), subsection (2), subsection (4), subsection (5), subsection
  702  (6), or subsection (7) is guilty of a misdemeanor of the first
  703  degree, punishable as provided in s. 775.082 or s. 775.083.
  704         (d) Employees of the Department of Highway Safety and Motor
  705  Vehicles and law enforcement officers are authorized to inspect
  706  the records of a towing-storage operator any person regularly
  707  engaged in the business of recovering, towing, or storing
  708  vehicles or vessels or transporting vehicles or vessels by
  709  wrecker, tow truck, or car carrier, to ensure compliance with
  710  the requirements of this section. A towing-storage operator Any
  711  person who fails to maintain records, or fails to produce
  712  records when required in a reasonable manner and at a reasonable
  713  time, commits a misdemeanor of the first degree, punishable as
  714  provided in s. 775.082 or s. 775.083.
  715         (13)(a) Upon receipt by the Department of Highway Safety
  716  and Motor Vehicles of written notice from a wrecker operator who
  717  claims a wrecker operator’s lien under subparagraph (2)(b)4.
  718  paragraph (2)(d) for recovery, towing, or storage of an
  719  abandoned vehicle or vessel upon instructions from any law
  720  enforcement agency, for which a certificate of destruction has
  721  been issued under subsection (11) and the vehicle has been
  722  reported to the National Motor Vehicle Title Information System,
  723  the department shall place the name of the registered owner of
  724  that vehicle or vessel on the list of those persons who may not
  725  be issued a license plate or revalidation sticker for any motor
  726  vehicle under s. 320.03(8). If the vehicle or vessel is owned
  727  jointly by more than one person, the name of each registered
  728  owner must shall be placed on the list. The notice of wrecker
  729  operator’s lien must shall be submitted on forms provided by the
  730  department and, which must include all of the following:
  731         1. The name, address, and telephone number of the wrecker
  732  operator.
  733         2. The name of the registered owner of the vehicle or
  734  vessel and the address to which the wrecker operator provided
  735  notice of the lien to the registered owner under subsection (4).
  736         3. A general description of the vehicle or vessel,
  737  including its color, make, model, body style, and year.
  738         4. The vehicle identification number (VIN); registration
  739  license plate number, state, and year; validation decal number,
  740  state, and year; vessel registration number; hull identification
  741  number; or other identification number, as applicable.
  742         5. The name of the person or the corresponding law
  743  enforcement agency that requested that the vehicle or vessel be
  744  recovered, towed, or stored.
  745         6. The amount of the wrecker operator’s lien, not to exceed
  746  the amount allowed by paragraph (b).
  747         (b) For purposes of this subsection only, the amount of the
  748  wrecker operator’s lien for which the department will prevent
  749  issuance of a license plate or revalidation sticker may not
  750  exceed the amount of the charges for recovery, towing, and
  751  storage of the vehicle or vessel for 7 days. These charges may
  752  not exceed the maximum rates imposed by the ordinances of the
  753  respective county or municipality under ss. 125.0103(1)(c) and
  754  166.043(1)(c). This paragraph does not limit the amount of a
  755  wrecker operator’s lien claimed under paragraph (2)(b)
  756  subsection (2) or prevent a wrecker operator from seeking civil
  757  remedies for enforcement of the entire amount of the lien, but
  758  limits only that portion of the lien for which the department
  759  will prevent issuance of a license plate or revalidation
  760  sticker.
  761         (d) Upon discharge of the amount of the wrecker operator’s
  762  lien allowed by paragraph (b), the wrecker operator must issue a
  763  certificate of discharged wrecker operator’s lien on forms
  764  provided by the department to each registered owner of the
  765  vehicle or vessel attesting that the amount of the wrecker
  766  operator’s lien allowed by paragraph (b) has been discharged.
  767  Upon presentation of the certificate of discharged wrecker
  768  operator’s lien by the registered owner, the department must
  769  shall immediately remove the registered owner’s name from the
  770  list of those persons who may not be issued a license plate or
  771  revalidation sticker for any motor vehicle under s. 320.03(8),
  772  thereby allowing issuance of a license plate or revalidation
  773  sticker. Issuance of a certificate of discharged wrecker
  774  operator’s lien under this paragraph does not discharge the
  775  entire amount of the wrecker operator’s lien claimed under
  776  paragraph (2)(b) subsection (2), but only certifies to the
  777  department that the amount of the wrecker operator’s lien
  778  allowed by paragraph (b), for which the department will prevent
  779  issuance of a license plate or revalidation sticker, has been
  780  discharged.
  781         (17)(a)A towing-storage operator must accept an original
  782  or a copy of any of the following documents as evidence of a
  783  person’s interest in a vehicle or vessel:
  784         1.An electronic title.
  785         2.A paper title.
  786         3.A contract between a lender and the owner of the vehicle
  787  or vessel.
  788         4.A contract between a lessor and the lessee of the
  789  vehicle or vessel.
  790         5.Credentials establishing the person as an employee or
  791  contract agent of an insurance company, along with documentation
  792  identifying the vehicle by the vehicle identification number or
  793  vessel by the hull identification number.
  794         6.A written agreement evidencing that the person is an
  795  agent of the vehicle or vessel owner, lienholder, or insurance
  796  company representative.
  797         (b)A towing-storage operator may not require any of the
  798  documents listed in paragraph (a) to be notarized, except for
  799  the agreement in subparagraph (a)6. when such agreement is
  800  presented for the purpose of releasing the vehicle or vessel.
  801         (c)Presenting one form of current government-issued photo
  802  identification constitutes sufficient identity verification for
  803  the purposes of this section A lienor must accept either a copy
  804  of an electronic title or a paper title as evidence of a
  805  person’s interest in a vehicle or vessel.
  806         (18)A towing-storage operator must retain for 3 years
  807  records produced for all vehicles or vessels recovered, towed,
  808  stored, or released. Such records must include at least all of
  809  the following:
  810         (a)All notice publications and certified mailings.
  811         (b)The purchase price of any unclaimed vehicle or vessel
  812  sold.
  813         (c)The names and addresses of persons to whom vehicles or
  814  vessels were released.
  815         (d)The names and addresses of vehicle or vessel
  816  purchasers.
  817         (e)All fees imposed under this section, including the
  818  itemized invoice required under paragraph (20)(c).
  819         (19)(a)A towing-storage operator must accept payment for
  820  accrued charges from an authorized person listed in subsection
  821  (10) in any form from at least two of the following:
  822         1.Cash, cashier’s check, money order, or traveler’s check.
  823         2.Bank, debit, or credit card.
  824         3.Mobile payment service, digital wallet, or other
  825  electronic payment system.
  826         (b)The authorized persons listed in subsection (10) are
  827  not required to furnish more than one form of current
  828  government-issued photo identification when payment is made in
  829  any of the forms listed in paragraph (a).
  830         (c)A county or municipal charter, ordinance, resolution,
  831  regulation, or rule that conflicts with paragraph (a) is
  832  expressly preempted.
  833         (20)(a)A towing-storage operator must maintain a rate
  834  sheet listing all fees for, or incidental to, the recovery,
  835  removal, or storage of a vehicle or vessel and must do all of
  836  the following:
  837         1.Post the rate sheet at the towing-storage operator’s
  838  place of business.
  839         2.Make the rate sheet available upon request by the
  840  vehicle or vessel owner, lienholder, insurance company, or their
  841  agent.
  842         3.Before attaching a vehicle or vessel to a wrecker,
  843  furnish the rate sheet to the owner or operator of the vehicle
  844  or vessel, if the owner or operator is present at the scene of
  845  the disabled vehicle or vessel.
  846         (b)Any fee charged in excess of those listed on the rate
  847  sheet required under this subsection is deemed unreasonable.
  848         (c)An itemized invoice of actual fees charged by a towing
  849  storage operator for a completed tow must be produced and be
  850  available to the vehicle or vessel owner, lienholder, insurance
  851  company, or their agent no later than 1 business day after:
  852         1.The tow is completed; or
  853         2.The towing-storage operator has obtained all necessary
  854  information to be included on the invoice, including any charges
  855  submitted by subcontractors used by the towing-storage operator
  856  to complete the tow and recovery.
  857         (d)The itemized invoice required under paragraph (c) must
  858  contain all of the following information:
  859         1.The date and time the vehicle or vessel was towed.
  860         2.The location to which the vehicle or vessel was towed.
  861         3.The name, address, and telephone number of the towing
  862  storage operator.
  863         4.A description of the towed vehicle or vessel, including
  864  the color, make, model, model year, and vehicle identification
  865  number of the vehicle or hull identification number of the
  866  vessel.
  867         5.The license plate number and state of registration for
  868  the towed vehicle or vessel.
  869         6.The cost of the initial towing service.
  870         7.The cost of any storage fees, expressed as a daily rate.
  871         8.Other fees, including administrative fees, vehicle or
  872  vessel search fees, fees for hazardous material and nonhazardous
  873  material cleanup, and fees for labor.
  874         9.A list of the services that were performed under a
  875  warranty or that were otherwise performed at no cost to the
  876  owner of the vehicle or vessel.
  877         (e)Any service performed or fee charged in addition to
  878  those described in subparagraph (d)6. or subparagraph (d)7. must
  879  be set forth on the itemized invoice required under paragraph
  880  (c) individually as a single line item that includes an
  881  explanation of the service or fee and the exact amount charged
  882  for the service or the exact amount of the fee.
  883         (f)A towing-storage operator must make the itemized
  884  invoice required under paragraph (c) available for inspection
  885  and copying no later than 48 hours after receiving a written
  886  request to inspect such invoice from:
  887         1.A law enforcement agency;
  888         2.The Attorney General; or
  889         3.The vehicle or vessel owner, lienholder, insurance
  890  company, or their agent.
  891         Section 6. Paragraph (a) of subsection (2) of section
  892  715.07, Florida Statutes, is amended to read:
  893         715.07 Vehicles or vessels parked on private property;
  894  towing.—
  895         (2) The owner or lessee of real property, or any person
  896  authorized by the owner or lessee, which person may be the
  897  designated representative of the condominium association if the
  898  real property is a condominium, may cause any vehicle or vessel
  899  parked on such property without her or his permission to be
  900  removed by a person regularly engaged in the business of towing
  901  vehicles or vessels, without liability for the costs of removal,
  902  transportation, or storage or damages caused by such removal,
  903  transportation, or storage, under any of the following
  904  circumstances:
  905         (a) The towing or removal of any vehicle or vessel from
  906  private property without the consent of the registered owner or
  907  other legally authorized person in control of that vehicle or
  908  vessel is subject to substantial compliance with the following
  909  conditions and restrictions:
  910         1.a. Any towed or removed vehicle or vessel must be stored
  911  at a site within a 10-mile radius of the point of removal in any
  912  county of 500,000 population or more, and within a 15-mile
  913  radius of the point of removal in any county of fewer than
  914  500,000 population. That site must be open for the purpose of
  915  redemption of vehicles on any day that the person or firm towing
  916  such vehicle or vessel is open for towing purposes, from 8:00
  917  a.m. to 6:00 p.m., and, when closed, shall have prominently
  918  posted a sign indicating a telephone number where the operator
  919  of the site can be reached at all times. Upon receipt of a
  920  telephoned request to open the site to redeem a vehicle or
  921  vessel, the operator shall return to the site within 1 hour or
  922  she or he will be in violation of this section.
  923         b. If no towing business providing such service is located
  924  within the area of towing limitations set forth in sub
  925  subparagraph a., the following limitations apply: any towed or
  926  removed vehicle or vessel must be stored at a site within a 20
  927  mile radius of the point of removal in any county of 500,000
  928  population or more, and within a 30-mile radius of the point of
  929  removal in any county of fewer than 500,000 population.
  930         2. The person or firm towing or removing the vehicle or
  931  vessel shall, within 30 minutes after completion of such towing
  932  or removal, notify the municipal police department or, in an
  933  unincorporated area, the sheriff, of such towing or removal, the
  934  storage site, the time the vehicle or vessel was towed or
  935  removed, and the make, model, color, and license plate number of
  936  the vehicle or description and registration number of the vessel
  937  and shall obtain the name of the person at that department to
  938  whom such information was reported and note that name on the
  939  trip record.
  940         3. A person in the process of towing or removing a vehicle
  941  or vessel from the premises or parking lot in which the vehicle
  942  or vessel is not lawfully parked must stop when a person seeks
  943  the return of the vehicle or vessel. The vehicle or vessel must
  944  be returned upon the payment of a reasonable service fee of not
  945  more than one-half of the posted rate for the towing or removal
  946  service as provided in subparagraph 6. The vehicle or vessel may
  947  be towed or removed if, after a reasonable opportunity, the
  948  owner or legally authorized person in control of the vehicle or
  949  vessel is unable to pay the service fee. If the vehicle or
  950  vessel is redeemed, a detailed signed receipt must be given to
  951  the person redeeming the vehicle or vessel.
  952         4. A person may not pay or accept money or other valuable
  953  consideration for the privilege of towing or removing vehicles
  954  or vessels from a particular location.
  955         5. Except for property appurtenant to and obviously a part
  956  of a single-family residence, and except for instances when
  957  notice is personally given to the owner or other legally
  958  authorized person in control of the vehicle or vessel that the
  959  area in which that vehicle or vessel is parked is reserved or
  960  otherwise unavailable for unauthorized vehicles or vessels and
  961  that the vehicle or vessel is subject to being removed at the
  962  owner’s or operator’s expense, any property owner or lessee, or
  963  person authorized by the property owner or lessee, before towing
  964  or removing any vehicle or vessel from private property without
  965  the consent of the owner or other legally authorized person in
  966  control of that vehicle or vessel, must post a notice meeting
  967  the following requirements:
  968         a. The notice must be prominently placed at each driveway
  969  access or curb cut allowing vehicular access to the property
  970  within 10 feet from the road, as defined in s. 334.03(22). If
  971  there are no curbs or access barriers, the signs must be posted
  972  not fewer than one sign for each 25 feet of lot frontage.
  973         b. The notice must clearly indicate, in not fewer than 2
  974  inch high, light-reflective letters on a contrasting background,
  975  that unauthorized vehicles will be towed away at the owner’s
  976  expense. The words “tow-away zone” must be included on the sign
  977  in not fewer than 4-inch high letters.
  978         c. The notice must also provide the name and current
  979  telephone number of the person or firm towing or removing the
  980  vehicles or vessels.
  981         d. The sign structure containing the required notices must
  982  be permanently installed with the words “tow-away zone” not
  983  fewer than 3 feet and not more than 6 feet above ground level
  984  and must be continuously maintained on the property for not
  985  fewer than 24 hours before the towing or removal of any vehicles
  986  or vessels.
  987         e. The local government may require permitting and
  988  inspection of these signs before any towing or removal of
  989  vehicles or vessels being authorized.
  990         f. A business with 20 or fewer parking spaces satisfies the
  991  notice requirements of this subparagraph by prominently
  992  displaying a sign stating “Reserved Parking for Customers Only
  993  Unauthorized Vehicles or Vessels Will be Towed Away At the
  994  Owner’s Expense” in not fewer than 4-inch high, light-reflective
  995  letters on a contrasting background.
  996         g. A property owner towing or removing vessels from real
  997  property must post notice, consistent with the requirements in
  998  sub-subparagraphs a.-f., which apply to vehicles, that
  999  unauthorized vehicles or vessels will be towed away at the
 1000  owner’s expense.
 1001  
 1002  A business owner or lessee may authorize the removal of a
 1003  vehicle or vessel by a towing company when the vehicle or vessel
 1004  is parked in such a manner that restricts the normal operation
 1005  of business; and if a vehicle or vessel parked on a public
 1006  right-of-way obstructs access to a private driveway the owner,
 1007  lessee, or agent may have the vehicle or vessel removed by a
 1008  towing company upon signing an order that the vehicle or vessel
 1009  be removed without a posted tow-away zone sign.
 1010         6. Any person or firm that tows or removes vehicles or
 1011  vessels and proposes to require an owner, operator, or person in
 1012  control or custody of a vehicle or vessel to pay the costs of
 1013  towing and storage before redemption of the vehicle or vessel
 1014  must file and keep on record with the local law enforcement
 1015  agency a complete copy of the current rates to be charged for
 1016  such services and post at the storage site an identical rate
 1017  schedule and any written contracts with property owners,
 1018  lessees, or persons in control of property which authorize such
 1019  person or firm to remove vehicles or vessels as provided in this
 1020  section.
 1021         7. Any person or firm towing or removing any vehicles or
 1022  vessels from private property without the consent of the owner
 1023  or other legally authorized person in control or custody of the
 1024  vehicles or vessels shall, on any trucks, wreckers as defined in
 1025  s. 713.78(1) s. 713.78(1)(c), or other vehicles used in the
 1026  towing or removal, have the name, address, and telephone number
 1027  of the company performing such service clearly printed in
 1028  contrasting colors on the driver and passenger sides of the
 1029  vehicle. The name shall be in at least 3-inch permanently
 1030  affixed letters, and the address and telephone number shall be
 1031  in at least 1-inch permanently affixed letters.
 1032         8. Vehicle entry for the purpose of removing the vehicle or
 1033  vessel shall be allowed with reasonable care on the part of the
 1034  person or firm towing the vehicle or vessel. Such person or firm
 1035  shall be liable for any damage occasioned to the vehicle or
 1036  vessel if such entry is not in accordance with the standard of
 1037  reasonable care.
 1038         9. When a vehicle or vessel has been towed or removed
 1039  pursuant to this section, it must be released to its owner or
 1040  person in control or custody within 1 hour after requested. Any
 1041  vehicle or vessel owner or person in control or custody has the
 1042  right to inspect the vehicle or vessel before accepting its
 1043  return, and no release or waiver of any kind which would release
 1044  the person or firm towing the vehicle or vessel from liability
 1045  for damages noted by the owner or person in control or custody
 1046  at the time of the redemption may be required from any vehicle
 1047  or vessel owner or person in control or custody as a condition
 1048  of release of the vehicle or vessel to its owner or person in
 1049  control or custody. A detailed receipt showing the legal name of
 1050  the company or person towing or removing the vehicle or vessel
 1051  must be given to the person paying towing or storage charges at
 1052  the time of payment, whether requested or not.
 1053         Section 7. This act shall take effect July 1, 2024.
 1054  
 1055  ================= T I T L E  A M E N D M E N T ================
 1056  And the title is amended as follows:
 1057         Delete everything before the enacting clause
 1058  and insert:
 1059                        A bill to be entitled                      
 1060         An act relating to towing and storage; amending ss.
 1061         125.0103 and 166.043, F.S.; requiring certain counties
 1062         and authorizing certain municipalities to establish
 1063         maximum rates for cleanup and disposal of hazardous
 1064         and nonhazardous materials under certain
 1065         circumstances; providing applicability; requiring a
 1066         wrecker service to make a certain notification under
 1067         specified circumstances; providing construction;
 1068         requiring certain counties and municipalities to
 1069         publish specified rates on their websites and
 1070         establish a specified process; providing that rates
 1071         established by the Division of Florida Highway Patrol
 1072         apply to certain areas of the state; amending s.
 1073         321.051, F.S.; prohibiting the division from excluding
 1074         certain wrecker operators from the wrecker operator
 1075         system or failing to designate certain wrecker
 1076         operators as authorized wrecker operators; providing
 1077         exceptions; requiring, rather than authorizing, the
 1078         division to establish certain maximum rates; requiring
 1079         a wrecker operator to make a certain notification
 1080         under specified circumstances; providing construction;
 1081         requiring the Department of Highway Safety and Motor
 1082         Vehicles to publish specified rates on its website and
 1083         establish a specified process; amending s. 323.001,
 1084         F.S.; requiring certain persons to take possession of
 1085         certain vehicles within a specified timeframe, unless
 1086         another timeframe is otherwise agreed upon; amending
 1087         s. 713.78, F.S.; providing and reordering definitions;
 1088         authorizing towing-storage operators to charge certain
 1089         fees; providing that towing-storage operators have a
 1090         lien on a vehicle or vessel for such fees; authorizing
 1091         towing-storage operators to enter, using reasonable
 1092         care, a vehicle or vessel for specified purposes;
 1093         providing liability under certain circumstances;
 1094         revising requirements for law enforcement agencies,
 1095         counties, municipalities, and the department relating
 1096         to the removal of vehicles or vessels; revising
 1097         requirements for notices of lien; revising
 1098         requirements for towing-storage operators; providing
 1099         notice to public agencies of jurisdiction; authorizing
 1100         certain persons with an interest in a vehicle or
 1101         vessel in the possession of a towing-storage operator
 1102         to initiate judicial proceedings where the vehicle or
 1103         vessel was taken from to determine certain findings;
 1104         authorizing certain interested parties of a vehicle or
 1105         vessel to take possession of it prior to sale if the
 1106         interested party posts a cash or surety bond with the
 1107         county clerk of the court without first initiating
 1108         judicial proceedings; requiring the clerk of the court
 1109         to issue a certificate notifying the towing-storage
 1110         operator of the posting of the bond and to direct the
 1111         towing-storage operator to release the vehicle or
 1112         vessel to the interested party; requiring the party
 1113         who posts the bond to give a receipt to the towing
 1114         storage operator reciting any property loss or damage
 1115         to the vehicle or vessel or the contents thereof, and
 1116         waiving such claims if such receipt is not provided;
 1117         requiring a towing-storage operator to release or
 1118         return the vehicle or vessel to the interested party
 1119         after the party posts a cash or surety bond; requiring
 1120         the clerk of the court to release the cash bond or
 1121         issue a specified notice relating to the surety bond
 1122         to the towing-storage operator if the interested party
 1123         does not initiate judicial proceedings within a
 1124         certain timeframe; providing obligations relating to
 1125         such notice; providing for expiration of such notice;
 1126         requiring the court to award all fees to the towing
 1127         storage operator if the defendant prevails in the
 1128         judicial proceedings; revising the timeframe in which
 1129         certain unclaimed vehicles or vessels may be sold;
 1130         revising requirements for notices of sale; requiring
 1131         approved third-party services to publish public
 1132         notices of sale and report certain information by
 1133         specified means to the department; providing the
 1134         maximum fee that approved third-party services may
 1135         collect and retain for such services; revising
 1136         provisions for permission to inspect a vehicle or
 1137         vessel; providing timeframes in which a vehicle,
 1138         vessel, or personal property must be made available
 1139         for inspection and release; revising criminal
 1140         penalties; requiring towing-storage operators to
 1141         accept certain documents, one of which must be
 1142         notarized, as evidence of a person’s interest in a
 1143         vehicle or vessel; providing that one form of current
 1144         government-issued identification constitutes
 1145         sufficient identity verification for a certain
 1146         purpose; requiring towing-storage operators to
 1147         maintain certain records for a certain period of time;
 1148         requiring towing-storage operators to accept certain
 1149         types of payment; providing for preemption; requiring
 1150         towing-storage operators to maintain a rate sheet;
 1151         providing requirements for the rate sheet; providing
 1152         that certain fees are unreasonable; requiring towing
 1153         storage operators to maintain an itemized invoice for
 1154         specified fees; providing requirements for such
 1155         invoice; requiring disclosure of such invoice to
 1156         specified persons and entities within a certain
 1157         timeframe; providing applicability; making technical
 1158         changes; amending s. 715.07, F.S.; conforming a cross
 1159         reference; providing an effective date.