Florida Senate - 2024                        COMMITTEE AMENDMENT
       Bill No. SB 774
       
       
       
       
       
       
                                Ì4305665Î430566                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  02/08/2024           .                                
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       The Committee on Community Affairs (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 83.19,
    6  Florida Statutes, to read:
    7         83.19 Sale of property distrained.—
    8         (5) A lien on a vehicle or vessel, as those terms are
    9  defined in s. 713.78(1), of a tenant or lessee must be
   10  foreclosed pursuant to s. 713.78 and may not be foreclosed
   11  pursuant to this section.
   12         Section 2. Paragraphs (b) and (c) of subsection (1) of
   13  section 125.0103, Florida Statutes, are amended, and paragraph
   14  (d) is added to that subsection, to read:
   15         125.0103 Ordinances and rules imposing price controls.—
   16         (1)
   17         (b) This section does not prevent the enactment by local
   18  governments of public service rates otherwise authorized by law,
   19  including water, sewer, solid waste, public transportation,
   20  taxicab, or port rates;, rates for towing of vehicles or vessels
   21  from or immobilization of vehicles or vessels on private
   22  property;, or rates for removal and storage of wrecked or
   23  disabled vehicles or vessels from an accident scene or the
   24  removal and storage of vehicles or vessels, in the event the
   25  owner or operator is incapacitated, unavailable, leaves the
   26  procurement of wrecker service to the law enforcement officer at
   27  the scene, or otherwise does not consent to the removal of the
   28  vehicle or vessel.
   29         (c) Counties must establish maximum rates which may be
   30  charged on the towing of vehicles or vessels from or
   31  immobilization of vehicles or vessels on private property or
   32  which may be charged for, removal and storage of wrecked or
   33  disabled vehicles or vessels from an accident scene or for the
   34  removal and storage of vehicles or vessels, in the event the
   35  owner or operator is incapacitated, unavailable, leaves the
   36  procurement of wrecker service to the law enforcement officer at
   37  the scene, or otherwise does not consent to the removal of the
   38  vehicle or vessel. However, if a municipality chooses to enact
   39  an ordinance establishing the maximum rates for the towing or
   40  immobilization of vehicles or vessels as described in paragraph
   41  (b), the county’s ordinance does not apply within such
   42  municipality.
   43         (d)A county or municipality that has established rates as
   44  described in paragraph (c) must publish such rates on its
   45  website and must establish a process for investigating and
   46  resolving complaints regarding fees charged in excess of such
   47  rates. In counties or municipalities where no rates as described
   48  in paragraph (c) have been established, the rates established by
   49  the Division of Florida Highway Patrol under s. 321.051(2) apply
   50  in such areas.
   51         Section 3. Paragraph (c) of subsection (1) of section
   52  166.043, Florida Statutes, is amended to read:
   53         166.043 Ordinances and rules imposing price controls.—
   54         (1)
   55         (c) Counties must establish maximum rates which may be
   56  charged on the towing of vehicles or vessels from or
   57  immobilization of vehicles or vessels on private property,
   58  removal and storage of wrecked or disabled vehicles or vessels
   59  from an accident scene or for the removal and storage of
   60  vehicles or vessels, in the event the owner or operator is
   61  incapacitated, unavailable, leaves the procurement of wrecker
   62  service to the law enforcement officer at the scene, or
   63  otherwise does not consent to the removal of the vehicle or
   64  vessel. However, if a municipality chooses to enact an ordinance
   65  establishing the maximum rates for the towing or immobilization
   66  of vehicles or vessels as described in paragraph (b), the
   67  county’s ordinance established under s. 125.0103 does not apply
   68  within such municipality. A county or municipality that has
   69  established maximum rates pursuant to this paragraph must
   70  publish such rates on its website. A county or municipality
   71  where no maximum rates have been established pursuant to this
   72  paragraph, the maximum rates established by the Division of
   73  Florida Highway Patrol under s. 321.051(2) apply in such areas.
   74         Section 4. Subsection (2) of section 321.051, Florida
   75  Statutes, is amended, and subsection (5) is added to that
   76  section, to read:
   77         321.051 Florida Highway Patrol wrecker operator system;
   78  penalties for operation outside of system.—
   79         (2) The Division of Florida Highway Patrol of the
   80  Department of Highway Safety and Motor Vehicles is authorized to
   81  establish within areas designated by the patrol a wrecker
   82  operator system using qualified, reputable wrecker operators for
   83  removal and storage of wrecked or disabled vehicles from a crash
   84  scene or for removal and storage of abandoned vehicles, in the
   85  event the owner or operator is incapacitated or unavailable or
   86  leaves the procurement of wrecker service to the officer at the
   87  scene. All reputable wrecker operators shall be eligible for use
   88  in the system provided their equipment and drivers meet
   89  recognized safety qualifications and mechanical standards set by
   90  rules of the Division of Florida Highway Patrol for the size of
   91  vehicle it is designed to handle. The division is authorized to
   92  limit the number of wrecker operators participating in the
   93  wrecker operator system, which authority shall not affect
   94  wrecker operators currently participating in the system
   95  established by this section. The division is authorized to
   96  establish maximum rates for the towing and storage of vehicles
   97  removed at the division’s request, where such rates have not
   98  been set by a county or municipality pursuant to s. 125.0103 or
   99  s. 166.043. Such rates shall not be considered rules for the
  100  purpose of chapter 120; however, the department shall establish
  101  by rule a procedure for setting such rates. The department must
  102  publish on its website the maximum rates established under this
  103  subsection and must establish a process for investigating and
  104  resolving complaints regarding fees charged in excess of such
  105  maximum rates. Any provision in chapter 120 to the contrary
  106  notwithstanding, a final order of the department denying,
  107  suspending, or revoking a wrecker operator’s participation in
  108  the system shall be reviewable in the manner and within the time
  109  provided by the Florida Rules of Appellate Procedure only by a
  110  writ of certiorari issued by the circuit court in the county
  111  wherein such wrecker operator resides.
  112         (5) The Division of the Florida Highway Patrol may not
  113  exclude a wrecker operator from the wrecker operator system or
  114  fail to designate him or her as an authorized wrecker operator
  115  based solely on a prior felony conviction unless such conviction
  116  is for a forcible felony as defined in s. 776.08 or a felony
  117  listed under s. 812.014(2)(c)6. or s. 812.16(2).
  118         Section 5. Subsection (10) is added to section 677.210,
  119  Florida Statutes, to read:
  120         677.210 Enforcement of warehouse’s lien.—
  121         (10) A lien on a vehicle or vessel, as those terms are
  122  defined in s. 713.78(1), must be foreclosed pursuant to s.
  123  713.78 and may not be foreclosed pursuant to this section.
  124         Section 6. Subsections (1), (2), (4), (5), (6), (8), (9),
  125  and (10), paragraph (a) of subsection (11), paragraphs (a) and
  126  (d) of subsection (12), paragraphs (a), (b), and (d) of
  127  subsection (13), and subsection (17) of section 713.78, Florida
  128  Statutes, are amended, and subsections (18) through (21) are
  129  added to that section, to read:
  130         713.78 Liens for recovering, towing, or storing vehicles
  131  and vessels.—
  132         (1) For the purposes of this section, the term:
  133         (g)(a) “Vehicle” means any mobile item, whether motorized
  134  or not, which is mounted on wheels.
  135         (h)(b) “Vessel” means every description of watercraft,
  136  barge, and airboat used or capable of being used as a means of
  137  transportation on water, other than a seaplane or a “documented
  138  vessel” as defined in s. 327.02.
  139         (i)(c) “Wrecker” means any truck or other vehicle that
  140  which is used to tow, carry, or otherwise transport motor
  141  vehicles or vessels upon the streets and highways of this state
  142  and which is equipped for that purpose with a boom, winch, car
  143  carrier, or other similar equipment.
  144         (c)(d) “National Motor Vehicle Title Information System”
  145  means the federally authorized electronic National Motor Vehicle
  146  Title Information System.
  147         (a)(e) “Equivalent commercially available system” means a
  148  service that charges a fee to provide vehicle information and
  149  that at a minimum maintains records from those states
  150  participating in data sharing with the National Motor Vehicle
  151  Title Information System.
  152         (b)“Good faith effort” means that all of the following
  153  checks have been performed by a towing-storage operator to
  154  establish the prior state of registration and title of a vehicle
  155  or vessel that has been towed or stored by the towing-storage
  156  operator:
  157         1.A check of the department’s database for the owner and
  158  any lienholder.
  159         2.A check of the electronic National Motor Vehicle Title
  160  Information System or an equivalent commercially available
  161  system to determine the state of registration when there is not
  162  a current registration record for the vehicle or vessel on file
  163  with the department.
  164         3.A check of the vehicle or vessel for any type of tag,
  165  tag record, temporary tag, or regular tag.
  166         4.A check of the law enforcement report for a tag number
  167  or other information identifying the vehicle or vessel, if the
  168  vehicle or vessel was towed at the request of a law enforcement
  169  officer.
  170         5.A check of the trip sheet or tow ticket of the tow truck
  171  operator to determine whether a tag was on the vehicle or vessel
  172  at the beginning of the tow, if a private tow.
  173         6.If there is no address of the owner on the impound
  174  report, a check of the law enforcement report to determine
  175  whether an out-of-state address is indicated from driver license
  176  information.
  177         7.A check of the vehicle or vessel for an inspection
  178  sticker or other stickers and decals that may indicate a state
  179  of possible registration.
  180         8.A check of the interior of the vehicle or vessel for any
  181  papers that may be in the glove box, trunk, or other areas for a
  182  state of registration.
  183         9.A check of the vehicle for a vehicle identification
  184  number.
  185         10.A check of the vessel for a vessel registration number.
  186         11.A check of the vessel hull for a hull identification
  187  number which should be carved, burned, stamped, embossed, or
  188  otherwise permanently affixed to the outboard side of the
  189  transom or, if there is no transom, to the outmost seaboard side
  190  at the end of the hull that bears the rudder or other steering
  191  mechanism.
  192         (d)“Newer model” means a vehicle or vessel that is 3 model
  193  years old or less, beginning with the model year of the vehicle
  194  or vessel as year one.
  195         (e)“Older model” means a vehicle or vessel that is more
  196  than 3 model years old, beginning with the model year of the
  197  vehicle or vessel as year one.
  198         (f)“Towing-storage operator” means a person who regularly
  199  engages in the business of transporting vehicles or vessels by
  200  wrecker, tow truck, or car carrier, or the storing of such
  201  vehicles or vessels.
  202         (2)(a)Whenever A towing-storage operator may charge the
  203  owner or operator of a vehicle or vessel only the following fees
  204  for, or incidental to, the recovery, removal, or storage of the
  205  vehicle or vessel:
  206         1.Any reasonable fee for service specifically authorized
  207  under s. 125.0103 or s. 166.043 by ordinance, resolution,
  208  regulation, or rule of the county or municipality in which the
  209  service is performed.
  210         2.Any reasonable fee for service specifically authorized
  211  by the Division of Florida Highway Patrol of the Department of
  212  Highway Safety and Motor Vehicles under s. 321.051(2).
  213         3.Any reasonable fee for service as agreed upon in writing
  214  between a towing-storage operator and the owner of a vehicle or
  215  vessel.
  216         4.Any lien release administrative fee as set forth in
  217  paragraph (15)(a).
  218         5.Any reasonable administrative fee or charge imposed by a
  219  county or municipality pursuant to s. 125.01047, s. 166.04465,
  220  or s. 323.002 upon the registered owner or other legally
  221  authorized person in control of a vehicle or vessel.
  222         (b)If a towing-storage operator person regularly engaged
  223  in the business of transporting vehicles or vessels by wrecker,
  224  tow truck, or car carrier recovers, removes, or stores a vehicle
  225  or vessel upon instructions from:
  226         1.(a) The owner thereof;
  227         2.(b) The owner or lessor, or a person authorized by the
  228  owner or lessor, of property on which such vehicle or vessel is
  229  wrongfully parked, and the removal is done in compliance with s.
  230  715.07;
  231         3.(c) The landlord or a person authorized by the landlord,
  232  when such motor vehicle or vessel remained on the premises after
  233  the tenancy terminated and the removal is done in compliance
  234  with s. 83.806 or s. 715.104; or
  235         4.(d) Any law enforcement agency, county, or municipality,
  236  
  237  she or he has shall have a lien on the vehicle or vessel for
  238  fees specified in paragraph (a) a reasonable towing fee, for a
  239  reasonable administrative fee or charge imposed by a county or
  240  municipality, and for a reasonable storage fee; except that a
  241  storage fee may not be charged if the vehicle or vessel is
  242  stored for less fewer than 6 hours.
  243         (4)(a) A towing-storage operator person regularly engaged
  244  in the business of recovering, towing, or storing vehicles or
  245  vessels who comes into possession of a vehicle or vessel
  246  pursuant to paragraph (2)(b) subsection (2), and who claims a
  247  lien for recovery, towing, or storage services, must shall give
  248  notice, by certified mail, pursuant to subsection (16), to the
  249  registered owner, the insurance company insuring the vehicle
  250  notwithstanding s. 627.736, and all persons claiming a lien
  251  thereon, as disclosed by the records in the Department of
  252  Highway Safety and Motor Vehicles or as disclosed by the records
  253  of any corresponding agency in any other state in which the
  254  vehicle is identified through a records check of the National
  255  Motor Vehicle Title Information System or an equivalent
  256  commercially available system as being titled or registered.
  257         (b) When Whenever a law enforcement agency, county, or
  258  municipality authorizes the removal of a vehicle or vessel or
  259  whenever a towing service, garage, repair shop, or automotive
  260  service, storage, or parking place notifies the law enforcement
  261  agency of possession of a vehicle or vessel pursuant to s.
  262  715.07(2)(a)2., if an approved third-party service cannot obtain
  263  the vehicle’s or vessel’s owner, lienholder, and insurer
  264  information or last state of record pursuant to subsection (16),
  265  then the person in charge of the towing service, garage, repair
  266  shop, or automotive service, storage, or parking place must
  267  request such information from the law enforcement agency of the
  268  jurisdiction where the vehicle or vessel is stored. The law
  269  enforcement agency to which the request was made must shall
  270  contact the Department of Highway Safety and Motor Vehicles, or
  271  the appropriate agency of the state of registration, if known,
  272  within 24 hours through the medium of electronic communications,
  273  giving the full description of the vehicle or vessel. Upon
  274  receipt of the full description of the vehicle or vessel, the
  275  department must shall search its files to determine the owner’s
  276  name, the insurance company insuring the vehicle or vessel, and
  277  whether any person has filed a lien upon the vehicle or vessel
  278  as provided in s. 319.27(2) and (3) and notify the applicable
  279  law enforcement agency within 72 hours. The person in charge of
  280  the towing service, garage, repair shop, or automotive service,
  281  storage, or parking place must request shall obtain such
  282  information from the applicable law enforcement agency within 5
  283  days after the date of storage and, if such information is
  284  provided by the law enforcement agency, must provide the
  285  information to the approved third-party service in order to
  286  transmit notices as required under subsection (16) shall give
  287  notice pursuant to paragraph (a). The department may release the
  288  insurance company information to the requestor notwithstanding
  289  s. 627.736.
  290         (c) The notice of lien must be sent by an approved third
  291  party service by certified mail to the registered owner, the
  292  insurance company insuring the vehicle notwithstanding s.
  293  627.736, and all other persons claiming a lien thereon within 5
  294  7 business days, excluding a Saturday, and Sunday, or federal
  295  legal holiday, after the date of storage of the vehicle or
  296  vessel. However, in no event shall the notice of lien be sent
  297  less than 30 days before the sale of the vehicle or vessel. The
  298  notice must state all of the following:
  299         1. If the claim of lien is for a vehicle, the last 8 digits
  300  of the vehicle identification number of the vehicle subject to
  301  the lien, or, if the claim of lien is for a vessel, the hull
  302  identification number of the vessel subject to the lien, clearly
  303  printed in the delivery address box and on the outside of the
  304  envelope sent to the registered owner and all other persons
  305  claiming an interest in therein or lien on the vehicle or vessel
  306  thereon.
  307         2. The name, physical address, and telephone number of the
  308  lienor, and the entity name, as registered with the Division of
  309  Corporations, of the business where the towing and storage
  310  occurred, which must also appear on the outside of the envelope
  311  sent to the registered owner and all other persons claiming an
  312  interest in or lien on the vehicle or vessel.
  313         3. The fact of possession of the vehicle or vessel.
  314         4. The name of the person or entity that authorized the
  315  lienor to take possession of the vehicle or vessel.
  316         5. That a lien as provided in paragraph (2)(b) subsection
  317  (2) is claimed.
  318         6. That charges have accrued and include an itemized
  319  statement of the amount thereof.
  320         7. That the lien is subject to enforcement under law and
  321  that the owner or lienholder, if any, has the right to a hearing
  322  as set forth in subsection (5).
  323         8. That any vehicle or vessel that remains unclaimed, or
  324  for which the charges for recovery, towing, or storage services
  325  remain unpaid, may be sold free of all prior liens 35 days after
  326  the vehicle or vessel is stored by the lienor if the vehicle or
  327  vessel is an older model more than 3 years of age or 57 50 days
  328  after the vehicle or vessel is stored by the lienor if the
  329  vehicle or vessel is a newer model 3 years of age or less.
  330         9. The address at which the vehicle or vessel is physically
  331  located.
  332         (d) The notice of lien may not be sent to the registered
  333  owner, the insurance company insuring the vehicle or vessel, and
  334  all other persons claiming a lien thereon less than 30 days
  335  before the sale of a the vehicle or vessel that is an older
  336  model or less than 55 days before the sale of a vehicle or
  337  vessel that is a newer model.
  338         (e) If attempts to locate the name and address of the owner
  339  or lienholder are prove unsuccessful, 5 the towing-storage
  340  operator shall, after 7 business days, excluding a Saturday, and
  341  Sunday, or federal legal holiday, after the initial tow or
  342  storage, the towing-storage operator must notify the public
  343  agency of jurisdiction where the vehicle or vessel is stored in
  344  writing by certified mail or receipt-acknowledged electronic
  345  delivery acknowledged hand delivery that the towing-storage
  346  operator company has been unable to locate the name and address
  347  of the owner or lienholder and a physical search of the vehicle
  348  or vessel has disclosed no ownership information and a good
  349  faith effort has been made, including records checks of the
  350  Department of Highway Safety and Motor Vehicles database and the
  351  National Motor Vehicle Title Information System or an equivalent
  352  commercially available system. For purposes of this paragraph
  353  and subsection (9), the term “good faith effort” means that the
  354  following checks have been performed by the company to establish
  355  the prior state of registration and for title:
  356         1.A check of the department’s database for the owner and
  357  any lienholder.
  358         2.A check of the electronic National Motor Vehicle Title
  359  Information System or an equivalent commercially available
  360  system to determine the state of registration when there is not
  361  a current registration record for the vehicle or vessel on file
  362  with the department.
  363         3.A check of the vehicle or vessel for any type of tag,
  364  tag record, temporary tag, or regular tag.
  365         4.A check of the law enforcement report for a tag number
  366  or other information identifying the vehicle or vessel, if the
  367  vehicle or vessel was towed at the request of a law enforcement
  368  officer.
  369         5.A check of the trip sheet or tow ticket of the tow truck
  370  operator to determine whether a tag was on the vehicle or vessel
  371  at the beginning of the tow, if a private tow.
  372         6.If there is no address of the owner on the impound
  373  report, a check of the law enforcement report to determine
  374  whether an out-of-state address is indicated from driver license
  375  information.
  376         7.A check of the vehicle or vessel for an inspection
  377  sticker or other stickers and decals that may indicate a state
  378  of possible registration.
  379         8.A check of the interior of the vehicle or vessel for any
  380  papers that may be in the glove box, trunk, or other areas for a
  381  state of registration.
  382         9.A check of the vehicle for a vehicle identification
  383  number.
  384         10.A check of the vessel for a vessel registration number.
  385         11.A check of the vessel hull for a hull identification
  386  number which should be carved, burned, stamped, embossed, or
  387  otherwise permanently affixed to the outboard side of the
  388  transom or, if there is no transom, to the outmost seaboard side
  389  at the end of the hull that bears the rudder or other steering
  390  mechanism.
  391         (5)(a) The registered owner of a vehicle or vessel in the
  392  possession of a towing-storage operator removed pursuant to
  393  subsection (2), the insurance company insuring the vehicle or
  394  vessel, and all other persons claiming a lien thereon or any
  395  person claiming a lien, other than the towing-storage operator,
  396  may initiate judicial proceedings within 10 days after the time
  397  she or he has knowledge of the location of the vehicle or
  398  vessel, may file a complaint in the county court of competent
  399  jurisdiction in the county in which the vehicle or vessel is
  400  stored to determine whether the vehicle or vessel her or his
  401  property was wrongfully taken or withheld or whether fees were
  402  wrongfully charged.
  403         (b) Regardless of whether judicial proceedings have been
  404  initiated pursuant to subparagraph (a), at any time before the
  405  sale of the vehicle or vessel by the towing-storage operator,
  406  the an owner of the vehicle or vessel, the insurance company
  407  insuring the vehicle or vessel, and all other persons claiming a
  408  lien thereon other than the towing-storage operator or
  409  lienholder may have the her or his vehicle or vessel released
  410  upon posting with the clerk of the county court in the county in
  411  which the vehicle is held court a cash or surety bond or other
  412  adequate security equal to the amount of the accrued charges set
  413  forth in the notice of lien, plus accrued storage charges, at
  414  the time of the release of the vehicle or vessel, if any, of the
  415  charges for towing or storage and lot rental amount to ensure
  416  the payment of such charges in the event a court determines that
  417  the vehicle or vessel was not wrongfully taken or withheld or
  418  fees were not wrongfully charged she or he does not prevail. The
  419  owner of the vehicle or vessel, the insurance company insuring
  420  the vehicle or vessel, and all other persons claiming a lien
  421  thereon other than the towing-storage operator must not be
  422  required to initiate judicial proceedings in order to post the
  423  bond in the registry of the court and are not required to use a
  424  particular form for posting the bond unless the clerk provides
  425  such form. Upon the posting of the bond and the payment of the
  426  applicable fee set forth in s. 28.24, the clerk of the court
  427  must automatically issue a certificate notifying the towing
  428  storage operator of the posting of the bond and directing the
  429  towing-storage operator to release the vehicle or vessel to the
  430  party that posted the bond the clerk of the court shall issue a
  431  certificate notifying the lienor of the posting of the bond and
  432  directing the lienor to release the vehicle or vessel. At the
  433  time of such release, after reasonable inspection, the party
  434  that posted the bond must she or he shall give a receipt to the
  435  towing-storage operator company reciting any claims she or he
  436  has for loss or damage to the vehicle or vessel or the contents
  437  thereof, or such claims are deemed waived.
  438         1. Upon receiving a copy of a certificate giving notice of
  439  the posting of the bond in the required amount and directing
  440  release of the vehicle or vessel, a towing-storage operator who
  441  fails to release or return the vehicle or vessel to the party
  442  which posted the bond commits a misdemeanor of the second
  443  degree, punishable as provided in s. 775.082 or s. 775.083.
  444         2. If the party posting the bond does not initiate judicial
  445  proceedings pursuant to paragraph subparagraph (a) within 60
  446  days after the issuance of the certificate by the clerk of the
  447  court, then upon request by the towing-storage operator the
  448  clerk of court must release the cash or surety bond to the
  449  towing-storage operator.
  450         (c) Upon determining the respective rights of the parties,
  451  the court may award damages, attorney attorney’s fees, and costs
  452  in favor of the prevailing party. In the event the towing
  453  storage operator prevails In any event, the final order must
  454  shall provide for immediate payment in full of recovery, towing,
  455  and storage fees by the vehicle or vessel owner or lienholder;
  456  or the agency ordering the tow; or the owner, lessee, or agent
  457  thereof of the property from which the vehicle or vessel was
  458  removed.
  459         (6) A vehicle or vessel that is stored pursuant to
  460  paragraph (2)(b) subsection (2) and remains unclaimed, or for
  461  which reasonable charges for recovery, towing, or storing remain
  462  unpaid, and any contents not released pursuant to subsection
  463  (10), may be sold by the owner or operator of the storage space
  464  for such towing or storage charge 35 days after the vehicle or
  465  vessel is stored by the lienor if the vehicle or vessel is an
  466  older model more than 3 years of age or 57 50 days after the
  467  vehicle or vessel is stored by the lienor if the vehicle or
  468  vessel is a newer model 3 years of age or less. The sale must
  469  shall be at public sale for cash. If the date of the sale was
  470  not included in the notice required in subsection (4), notice of
  471  the sale must shall be given to the person in whose name the
  472  vehicle or vessel is registered and to all persons claiming a
  473  lien on the vehicle or vessel as shown on the records of the
  474  Department of Highway Safety and Motor Vehicles or of any
  475  corresponding agency in any other state in which the vehicle is
  476  identified through a records check of the National Motor Vehicle
  477  Title Information System or an equivalent commercially available
  478  system as being titled. Notice of the sale must be sent by
  479  certified mail to the registered owner of the vehicle or vessel,
  480  the insurance company insuring the vehicle or vessel, and the
  481  person having the recorded lien on the vehicle or vessel at the
  482  address shown on the records of the registering agency at least
  483  30 days before the sale of the vehicle or vessel. The notice
  484  must have clearly identified and printed, if the claim of lien
  485  is for a motor vehicle, The last 8 digits of the vehicle
  486  identification number of the motor vehicle subject to the lien,
  487  or, if the claim of lien is for a vessel, the hull
  488  identification number of the vessel subject to the lien, must be
  489  clearly identified and printed in the delivery address box and
  490  on the outside of the envelope sent to the registered owner and
  491  all other persons claiming an interest in therein or lien on the
  492  vehicle or vessel thereon. The notice must be sent to the owner
  493  of the vehicle or vessel and the person having the recorded lien
  494  on the vehicle or vessel at the address shown on the records of
  495  the registering agency at least 30 days before the sale of the
  496  vehicle or vessel. The notice must state the name, physical
  497  address, and telephone number of the lienor, and the vehicle
  498  identification number if the claim of lien is for a vehicle or
  499  the hull identification number if the claim of lien is for a
  500  vessel, all of which must also appear in the return address
  501  section on the outside of the envelope containing the notice of
  502  sale. After diligent search and inquiry, if the name and address
  503  of the registered owner or the owner of the recorded lien cannot
  504  be ascertained, the requirements of notice by mail may be
  505  dispensed with. In addition to the notice by mail, public notice
  506  of the time and place of sale must shall be made by publishing a
  507  notice thereof one time, at least 20 10 days before the date of
  508  the sale, on the publicly available website maintained by an
  509  approved third-party service. The third-party service must
  510  electronically report to the Department of Highway Safety and
  511  Motor Vehicles, via an electronic data exchange process using a
  512  web interface, the name, physical address, and telephone number
  513  of the lienor; the time and place of the sale; the vehicle’s
  514  license plate number, if known; the vehicle identification
  515  number, if the claim of lien is for a vehicle, or the hull
  516  identification number, if the claim of lien is for a vessel; and
  517  the amount due for towing, recovery, storage, and administrative
  518  fees. The third-party service that publishes the public notice
  519  of sale and electronically reports the required information to
  520  the department may collect and retain a service charge of no
  521  more than $1 in a newspaper of general circulation in the county
  522  in which the sale is to be held. The proceeds of the sale, after
  523  payment of reasonable towing and storage charges, and costs of
  524  the sale, in that order of priority, must shall be deposited
  525  with the clerk of the circuit court for the county if the owner
  526  or lienholder is absent, and the clerk must shall hold such
  527  proceeds subject to the claim of the owner or lienholder legally
  528  entitled thereto. The clerk is shall be entitled to receive 5
  529  percent of such proceeds for the care and disbursement thereof.
  530  The certificate of title issued under this section must this law
  531  shall be discharged of all liens unless otherwise provided by
  532  court order. The owner or lienholder may file a complaint after
  533  the vehicle or vessel has been sold in the county court of the
  534  county in which it is stored. Upon determining the respective
  535  rights of the parties, the court may award damages, attorney
  536  fees, and costs in favor of the prevailing party.
  537         (8) A towing-storage operator person regularly engaged in
  538  the business of recovering, towing, or storing vehicles or
  539  vessels, except a person licensed under chapter 493 while
  540  engaged in “repossession” activities as defined in s. 493.6101,
  541  may not operate a wrecker, tow truck, or car carrier unless the
  542  name, address, and telephone number of the company performing
  543  the service is clearly printed in contrasting colors on the
  544  driver and passenger sides of its vehicle. The name must be in
  545  at least 3-inch permanently affixed letters, and the address and
  546  telephone number must be in at least 1-inch permanently affixed
  547  letters.
  548         (9) Failure to make good faith efforts to comply with the
  549  notice requirements of this section precludes the imposition of
  550  any storage charges against the vehicle or vessel. If a lienor
  551  fails to provide notice to a person claiming a lien on a vehicle
  552  or vessel in accordance with subsection (4), the lienor may not
  553  charge the person for more than 5 7 days of storage, but such
  554  failure does not affect charges made for towing the vehicle or
  555  vessel or the priority of liens on the vehicle or vessel.
  556         (10) A towing-storage operator must Persons who provide
  557  services pursuant to this section shall permit vehicle or vessel
  558  owners, lienholders, insurance company representatives, or their
  559  agents, whose interest in the vehicle or vessel is evidenced by
  560  any of the documents listed in subsection (17) which agency is
  561  evidenced by an original writing acknowledged by the owner
  562  before a notary public or other person empowered by law to
  563  administer oaths, to inspect the towed vehicle or vessel and
  564  must shall release to the owner, lienholder, or agent the
  565  vehicle, vessel, or all personal property not affixed to the
  566  vehicle or vessel which was in the vehicle or vessel at the time
  567  the vehicle or vessel came into the custody of the towing
  568  storage operator. The inspection and release of the vehicle,
  569  vessel, or personal property must be permitted within 1 hour
  570  after the owner, lienholder, insurance company representative,
  571  or their agent presents any of the documents listed in
  572  subsection (17) to the towing-storage operator during normal
  573  business hours at the site where the vehicle or vessel is
  574  stored. Notwithstanding subparagraph (17)(a)5., a rental vehicle
  575  or vessel agreement is not evidence that the person who rented a
  576  vehicle or vessel is an agent of the rental vehicle or vessel
  577  owner for the purpose of releasing the vehicle or vessel.
  578  However, a towing-storage operator must release to the renter of
  579  a rental vehicle or vessel all personal property belonging to
  580  the renter which is not affixed to the rental vehicle or vessel
  581  within 1 hour after the renter’s arrival person providing such
  582  services.
  583         (11)(a) A towing-storage operator Any person regularly
  584  engaged in the business of recovering, towing, or storing
  585  vehicles or vessels who comes into possession of a vehicle or
  586  vessel pursuant to paragraph (2)(b) subsection (2) and who has
  587  complied with the provisions of subsections (4) (3) and (6),
  588  when such vehicle or vessel is to be sold for purposes of being
  589  dismantled, destroyed, or changed in such manner that it is not
  590  the motor vehicle or vessel described in the certificate of
  591  title, must shall report the vehicle to the National Motor
  592  Vehicle Title Information System and apply to the Department of
  593  Highway Safety and Motor Vehicles for a certificate of
  594  destruction. A certificate of destruction, which authorizes the
  595  dismantling or destruction of the vehicle or vessel described
  596  therein, is shall be reassignable a maximum of two times before
  597  dismantling or destruction of the vehicle is shall be required,
  598  and must shall accompany the vehicle or vessel for which it is
  599  issued, when such vehicle or vessel is sold for such purposes,
  600  in lieu of a certificate of title. The application for a
  601  certificate of destruction must include proof of reporting to
  602  the National Motor Vehicle Title Information System and an
  603  affidavit from the applicant that she or he it has complied with
  604  all applicable requirements of this section and, if the vehicle
  605  or vessel is not registered in this state or any other state, by
  606  a statement from a law enforcement officer that the vehicle or
  607  vessel is not reported stolen, and must shall be accompanied by
  608  such documentation as may be required by the department.
  609         (12)(a) Any person who violates any provision of subsection
  610  (1), subsection (2), subsection (4), subsection (5), subsection
  611  (6), or subsection (7) commits is guilty of a misdemeanor of the
  612  first degree, punishable as provided in s. 775.082 or s.
  613  775.083.
  614         (d) Employees of the Department of Highway Safety and Motor
  615  Vehicles and law enforcement officers are authorized to inspect
  616  the records of a towing-storage operator any person regularly
  617  engaged in the business of recovering, towing, or storing
  618  vehicles or vessels or transporting vehicles or vessels by
  619  wrecker, tow truck, or car carrier, to ensure compliance with
  620  the requirements of this section. A towing-storage operator Any
  621  person who fails to maintain records, or fails to produce
  622  records when required in a reasonable manner and at a reasonable
  623  time, commits a misdemeanor of the first degree, punishable as
  624  provided in s. 775.082 or s. 775.083.
  625         (13)(a) Upon receipt by the Department of Highway Safety
  626  and Motor Vehicles of written notice from a wrecker operator who
  627  claims a wrecker operator’s lien under subparagraph (2)(b)4.
  628  paragraph (2)(d) for recovery, towing, or storage of an
  629  abandoned vehicle or vessel upon instructions from any law
  630  enforcement agency, for which a certificate of destruction has
  631  been issued under subsection (11) and the vehicle has been
  632  reported to the National Motor Vehicle Title Information System,
  633  the department shall place the name of the registered owner of
  634  that vehicle or vessel on the list of those persons who may not
  635  be issued a license plate or revalidation sticker for any motor
  636  vehicle under s. 320.03(8). If the vehicle or vessel is owned
  637  jointly by more than one person, the name of each registered
  638  owner must shall be placed on the list. The notice of wrecker
  639  operator’s lien must shall be submitted on forms provided by the
  640  department and, which must include all of the following:
  641         1. The name, address, and telephone number of the wrecker
  642  operator.
  643         2. The name of the registered owner of the vehicle or
  644  vessel and the address to which the wrecker operator provided
  645  notice of the lien to the registered owner under subsection (4).
  646         3. A general description of the vehicle or vessel,
  647  including its color, make, model, body style, and year.
  648         4. The vehicle identification number (VIN); registration
  649  license plate number, state, and year; validation decal number,
  650  state, and year; vessel registration number; hull identification
  651  number; or other identification number, as applicable.
  652         5. The name of the person or the corresponding law
  653  enforcement agency that requested that the vehicle or vessel be
  654  recovered, towed, or stored.
  655         6. The amount of the wrecker operator’s lien, not to exceed
  656  the amount allowed by paragraph (b).
  657         (b) For purposes of this subsection only, the amount of the
  658  wrecker operator’s lien for which the department will prevent
  659  issuance of a license plate or revalidation sticker may not
  660  exceed the amount of the charges for recovery, towing, and
  661  storage of the vehicle or vessel for 7 days. These charges may
  662  not exceed the maximum rates imposed by the ordinances of the
  663  respective county or municipality under ss. 125.0103(1)(c) and
  664  166.043(1)(c). This paragraph does not limit the amount of a
  665  wrecker operator’s lien claimed under paragraph (2)(b)
  666  subsection (2) or prevent a wrecker operator from seeking civil
  667  remedies for enforcement of the entire amount of the lien, but
  668  limits only that portion of the lien for which the department
  669  will prevent issuance of a license plate or revalidation
  670  sticker.
  671         (d) Upon discharge of the amount of the wrecker operator’s
  672  lien allowed by paragraph (b), the wrecker operator must issue a
  673  certificate of discharged wrecker operator’s lien on forms
  674  provided by the department to each registered owner of the
  675  vehicle or vessel attesting that the amount of the wrecker
  676  operator’s lien allowed by paragraph (b) has been discharged.
  677  Upon presentation of the certificate of discharged wrecker
  678  operator’s lien by the registered owner, the department must
  679  shall immediately remove the registered owner’s name from the
  680  list of those persons who may not be issued a license plate or
  681  revalidation sticker for any motor vehicle under s. 320.03(8),
  682  thereby allowing issuance of a license plate or revalidation
  683  sticker. Issuance of a certificate of discharged wrecker
  684  operator’s lien under this paragraph does not discharge the
  685  entire amount of the wrecker operator’s lien claimed under
  686  paragraph (2)(b) subsection (2), but only certifies to the
  687  department that the amount of the wrecker operator’s lien
  688  allowed by paragraph (b), for which the department will prevent
  689  issuance of a license plate or revalidation sticker, has been
  690  discharged.
  691         (17)(a)A towing-storage operator must accept an original
  692  or a copy of any of the following documents as evidence of a
  693  person’s interest in a vehicle or vessel:
  694         1.An electronic title.
  695         2.A paper title.
  696         3.A contract between a lender and the owner of the vehicle
  697  or vessel.
  698         4.A contract between a lessor and the lessee of the
  699  vehicle or vessel.
  700         5.A notarized written agreement evidencing that the person
  701  is an agent of the vehicle or vessel owner, lienholder, or
  702  insurance company.
  703         (b)Except as otherwise provided, a towing-storage operator
  704  may not require any of the documents listed in paragraph (a) to
  705  be notarized.
  706         (c)Presenting one form of current government-issued photo
  707  identification constitutes sufficient identity verification for
  708  the purposes of this section A lienor must accept either a copy
  709  of an electronic title or a paper title as evidence of a
  710  person’s interest in a vehicle or vessel.
  711         (18)A towing-storage operator must retain for 3 years
  712  records produced for all vehicles or vessels recovered, towed,
  713  stored, or released. Such records must include at least all of
  714  the following:
  715         (a)All notice publications and certified mailings.
  716         (b)The purchase price of any unclaimed vehicle or vessel
  717  sold.
  718         (c)The names and addresses of persons to which vehicles or
  719  vessels were released.
  720         (d)The names and addresses of vehicle or vessel
  721  purchasers.
  722         (e)All fees imposed under this section, including the
  723  itemized invoice required under paragraph (20)(c).
  724         (19)(a)A towing-storage operator must accept payment for
  725  accrued charges from an authorized person listed in subsection
  726  (10) in any form from at least two of the following
  727  subparagraphs:
  728         1.Cash, cashier’s check, money order, or traveler’s check.
  729         2.Bank, debit, or credit card.
  730         3.Mobile payment service, digital wallet, or other
  731  electronic payment system.
  732         (b)Any of the authorized persons listed in subsection (10)
  733  are not required to furnish more than one form of current
  734  government-issued photo identification when payment is made in
  735  any of the forms listed in paragraph (a).
  736         (20)(a)A towing-storage operator must maintain a rate
  737  sheet listing all fees for, or incidental to, the recovery,
  738  removal, or storage of a vehicle or vessel and must do all of
  739  the following:
  740         1.Post the rate sheet at the towing-storage operator’s
  741  place of business.
  742         2.Make the rate sheet available upon request by the
  743  vehicle or vessel owner, lienholder, insurance company, or their
  744  agent.
  745         3.Before attaching a vehicle or vessel to a wrecker,
  746  furnish the rate sheet to the owner or operator of the vehicle
  747  or vessel, if the owner or operator is present at the scene of
  748  the disabled vehicle or vessel.
  749         (b)Any fee charged in excess of those listed on the rate
  750  sheet required under this subsection is deemed unreasonable.
  751         (c)An itemized invoice of actual fees charged by a towing
  752  storage operator for a completed tow must be produced and be
  753  available to the vehicle or vessel owner, lienholder, insurance
  754  company, or their agent no later than 1 business day after:
  755         1.The tow is completed; or
  756         2.The towing-storage operator has obtained all necessary
  757  information to be included on the invoice, including any charges
  758  submitted by subcontractors used by the towing-storage operator
  759  to complete the tow and recovery.
  760         (d)The itemized invoice required under paragraph (c) must
  761  contain all of the following information:
  762         1.The date and time the vehicle or vessel was towed.
  763         2.The location to which the vehicle or vessel was towed.
  764         3.The name, address, and telephone number of the towing
  765  storage operator.
  766         4.A description of the towed vehicle or vessel, including
  767  the color, make, model, model year, and vehicle identification
  768  number of the vehicle or hull identification number of the
  769  vessel.
  770         5.The license plate number and state of registration for
  771  the towed vehicle or vessel.
  772         6.The cost of the initial towing service.
  773         7.The cost of any storage fees, expressed as a daily rate.
  774         8.Other fees, including administrative fees, vehicle or
  775  vessel search fees, fees for hazardous material and nonhazardous
  776  material cleanup, and fees for labor.
  777         9.A list of the services that were performed under a
  778  warranty or that were otherwise performed at no cost to the
  779  owner of the vehicle or vessel.
  780         (e)Any service performed or fee charged in addition to
  781  those described in subparagraph (d)6. or subparagraph (d)7. must
  782  be set forth on the itemized invoice required under paragraph
  783  (c) individually as a single line item that includes an
  784  explanation of the service or fee and the exact amount charged
  785  for the service or the exact amount of the fee.
  786         (f)A towing-storage operator must make the itemized
  787  invoice required under paragraph (c) available for inspection
  788  and copying no later than 48 hours after receiving a written
  789  request to inspect such invoice from:
  790         1.A law enforcement agency;
  791         2.The Attorney General;
  792         3.A city attorney, a county attorney, or the prosecuting
  793  attorney having jurisdiction in the location of any of the
  794  towing-storage operator’s business locations;
  795         4.The vehicle or vessel owner, lienholder, insurance
  796  company, or their agent; or
  797         5.If the vehicle or vessel was involved in a collision,
  798  any individual involved in the underlying collision or the
  799  individual’s insurance company.
  800         (21)This section is the exclusive remedy for the placement
  801  or foreclosure of a storage lien placed on a vehicle or vessel
  802  pursuant to ss. 83.19 and 677.210.
  803         Section 7. Paragraph (a) of subsection (2) of section
  804  715.07, Florida Statutes, is amended to read:
  805         715.07 Vehicles or vessels parked on private property;
  806  towing.—
  807         (2) The owner or lessee of real property, or any person
  808  authorized by the owner or lessee, which person may be the
  809  designated representative of the condominium association if the
  810  real property is a condominium, may cause any vehicle or vessel
  811  parked on such property without her or his permission to be
  812  removed by a person regularly engaged in the business of towing
  813  vehicles or vessels, without liability for the costs of removal,
  814  transportation, or storage or damages caused by such removal,
  815  transportation, or storage, under any of the following
  816  circumstances:
  817         (a) The towing or removal of any vehicle or vessel from
  818  private property without the consent of the registered owner or
  819  other legally authorized person in control of that vehicle or
  820  vessel is subject to substantial compliance with the following
  821  conditions and restrictions:
  822         1.a. Any towed or removed vehicle or vessel must be stored
  823  at a site within a 10-mile radius of the point of removal in any
  824  county of 500,000 population or more, and within a 15-mile
  825  radius of the point of removal in any county of fewer than
  826  500,000 population. That site must be open for the purpose of
  827  redemption of vehicles on any day that the person or firm towing
  828  such vehicle or vessel is open for towing purposes, from 8:00
  829  a.m. to 6:00 p.m., and, when closed, shall have prominently
  830  posted a sign indicating a telephone number where the operator
  831  of the site can be reached at all times. Upon receipt of a
  832  telephoned request to open the site to redeem a vehicle or
  833  vessel, the operator shall return to the site within 1 hour or
  834  she or he will be in violation of this section.
  835         b. If no towing business providing such service is located
  836  within the area of towing limitations set forth in sub
  837  subparagraph a., the following limitations apply: any towed or
  838  removed vehicle or vessel must be stored at a site within a 20
  839  mile radius of the point of removal in any county of 500,000
  840  population or more, and within a 30-mile radius of the point of
  841  removal in any county of fewer than 500,000 population.
  842         2. The person or firm towing or removing the vehicle or
  843  vessel shall, within 30 minutes after completion of such towing
  844  or removal, notify the municipal police department or, in an
  845  unincorporated area, the sheriff, of such towing or removal, the
  846  storage site, the time the vehicle or vessel was towed or
  847  removed, and the make, model, color, and license plate number of
  848  the vehicle or description and registration number of the vessel
  849  and shall obtain the name of the person at that department to
  850  whom such information was reported and note that name on the
  851  trip record.
  852         3. A person in the process of towing or removing a vehicle
  853  or vessel from the premises or parking lot in which the vehicle
  854  or vessel is not lawfully parked must stop when a person seeks
  855  the return of the vehicle or vessel. The vehicle or vessel must
  856  be returned upon the payment of a reasonable service fee of not
  857  more than one-half of the posted rate for the towing or removal
  858  service as provided in subparagraph 6. The vehicle or vessel may
  859  be towed or removed if, after a reasonable opportunity, the
  860  owner or legally authorized person in control of the vehicle or
  861  vessel is unable to pay the service fee. If the vehicle or
  862  vessel is redeemed, a detailed signed receipt must be given to
  863  the person redeeming the vehicle or vessel.
  864         4. A person may not pay or accept money or other valuable
  865  consideration for the privilege of towing or removing vehicles
  866  or vessels from a particular location.
  867         5. Except for property appurtenant to and obviously a part
  868  of a single-family residence, and except for instances when
  869  notice is personally given to the owner or other legally
  870  authorized person in control of the vehicle or vessel that the
  871  area in which that vehicle or vessel is parked is reserved or
  872  otherwise unavailable for unauthorized vehicles or vessels and
  873  that the vehicle or vessel is subject to being removed at the
  874  owner’s or operator’s expense, any property owner or lessee, or
  875  person authorized by the property owner or lessee, before towing
  876  or removing any vehicle or vessel from private property without
  877  the consent of the owner or other legally authorized person in
  878  control of that vehicle or vessel, must post a notice meeting
  879  the following requirements:
  880         a. The notice must be prominently placed at each driveway
  881  access or curb cut allowing vehicular access to the property
  882  within 10 feet from the road, as defined in s. 334.03(22). If
  883  there are no curbs or access barriers, the signs must be posted
  884  not fewer than one sign for each 25 feet of lot frontage.
  885         b. The notice must clearly indicate, in not fewer than 2
  886  inch high, light-reflective letters on a contrasting background,
  887  that unauthorized vehicles will be towed away at the owner’s
  888  expense. The words “tow-away zone” must be included on the sign
  889  in not fewer than 4-inch high letters.
  890         c. The notice must also provide the name and current
  891  telephone number of the person or firm towing or removing the
  892  vehicles or vessels.
  893         d. The sign structure containing the required notices must
  894  be permanently installed with the words “tow-away zone” not
  895  fewer than 3 feet and not more than 6 feet above ground level
  896  and must be continuously maintained on the property for not
  897  fewer than 24 hours before the towing or removal of any vehicles
  898  or vessels.
  899         e. The local government may require permitting and
  900  inspection of these signs before any towing or removal of
  901  vehicles or vessels being authorized.
  902         f. A business with 20 or fewer parking spaces satisfies the
  903  notice requirements of this subparagraph by prominently
  904  displaying a sign stating “Reserved Parking for Customers Only
  905  Unauthorized Vehicles or Vessels Will be Towed Away At the
  906  Owner’s Expense” in not fewer than 4-inch high, light-reflective
  907  letters on a contrasting background.
  908         g. A property owner towing or removing vessels from real
  909  property must post notice, consistent with the requirements in
  910  sub-subparagraphs a.-f., which apply to vehicles, that
  911  unauthorized vehicles or vessels will be towed away at the
  912  owner’s expense.
  913  
  914  A business owner or lessee may authorize the removal of a
  915  vehicle or vessel by a towing company when the vehicle or vessel
  916  is parked in such a manner that restricts the normal operation
  917  of business; and if a vehicle or vessel parked on a public
  918  right-of-way obstructs access to a private driveway the owner,
  919  lessee, or agent may have the vehicle or vessel removed by a
  920  towing company upon signing an order that the vehicle or vessel
  921  be removed without a posted tow-away zone sign.
  922         6. Any person or firm that tows or removes vehicles or
  923  vessels and proposes to require an owner, operator, or person in
  924  control or custody of a vehicle or vessel to pay the costs of
  925  towing and storage before redemption of the vehicle or vessel
  926  must file and keep on record with the local law enforcement
  927  agency a complete copy of the current rates to be charged for
  928  such services and post at the storage site an identical rate
  929  schedule and any written contracts with property owners,
  930  lessees, or persons in control of property which authorize such
  931  person or firm to remove vehicles or vessels as provided in this
  932  section.
  933         7. Any person or firm towing or removing any vehicles or
  934  vessels from private property without the consent of the owner
  935  or other legally authorized person in control or custody of the
  936  vehicles or vessels shall, on any trucks, wreckers as defined in
  937  s. 713.78(1) s. 713.78(1)(c), or other vehicles used in the
  938  towing or removal, have the name, address, and telephone number
  939  of the company performing such service clearly printed in
  940  contrasting colors on the driver and passenger sides of the
  941  vehicle. The name shall be in at least 3-inch permanently
  942  affixed letters, and the address and telephone number shall be
  943  in at least 1-inch permanently affixed letters.
  944         8. Vehicle entry for the purpose of removing the vehicle or
  945  vessel shall be allowed with reasonable care on the part of the
  946  person or firm towing the vehicle or vessel. Such person or firm
  947  shall be liable for any damage occasioned to the vehicle or
  948  vessel if such entry is not in accordance with the standard of
  949  reasonable care.
  950         9. When a vehicle or vessel has been towed or removed
  951  pursuant to this section, it must be released to its owner or
  952  person in control or custody within 1 hour after requested. Any
  953  vehicle or vessel owner or person in control or custody has the
  954  right to inspect the vehicle or vessel before accepting its
  955  return, and no release or waiver of any kind which would release
  956  the person or firm towing the vehicle or vessel from liability
  957  for damages noted by the owner or person in control or custody
  958  at the time of the redemption may be required from any vehicle
  959  or vessel owner or person in control or custody as a condition
  960  of release of the vehicle or vessel to its owner or person in
  961  control or custody. A detailed receipt showing the legal name of
  962  the company or person towing or removing the vehicle or vessel
  963  must be given to the person paying towing or storage charges at
  964  the time of payment, whether requested or not.
  965         Section 8. This act shall take effect July 1, 2024.
  966  
  967  ================= T I T L E  A M E N D M E N T ================
  968  And the title is amended as follows:
  969         Delete everything before the enacting clause
  970  and insert:
  971                        A bill to be entitled                      
  972         An act relating to towing and storage; amending s.
  973         83.19, F.S.; conforming provisions to changes made by
  974         this act; amending ss. 125.0103 and 166.043, F.S.;
  975         requiring certain counties and municipalities to
  976         publish specified rates on their websites and
  977         establish a specified process; providing that rates
  978         established by the Division of Florida Highway Patrol
  979         apply to certain areas of the state; amending s.
  980         321.051, F.S.; requiring the Department of Highway
  981         Safety and Motor Vehicles to publish certain rates on
  982         its website and establish a specified process;
  983         prohibiting the Division of Florida Highway Patrol
  984         from excluding or failing to designate certain wrecker
  985         operators from the wrecker operator system solely
  986         because the wrecker operator has been convicted of
  987         certain felonies; amending s. 677.210, F.S.; requiring
  988         certain vehicles or vessels to be foreclosed pursuant
  989         to certain provisions; amending s. 713.78, F.S.;
  990         providing and reordering definitions; authorizing
  991         towing-storage operators to charge certain fees;
  992         requiring that towing-storage operators who come into
  993         possession of a vehicle or vessel and claim a lien on
  994         it give certain notice to the vehicle or vessel owner;
  995         prohibiting towing-storage operators from charging a
  996         storage fee if the vehicle or vessel is stored under
  997         certain circumstances; revising requirements for law
  998         enforcement agencies and the department relating to
  999         the removal of vehicles or vessels; revising
 1000         requirements for notices of lien; requiring towing
 1001         storage operators in possession of a vehicle or vessel
 1002         to request certain information from law enforcement if
 1003         a third-party service cannot provide it; revising
 1004         requirements for towing-storage operators providing
 1005         notice to public agencies of jurisdiction; revising
 1006         the timeframe within which certain unclaimed vehicles
 1007         or vessels may be sold; revising requirements for
 1008         notices of sale; authorizing certain persons with an
 1009         interest on a vehicle or vessel in the possession of a
 1010         towing-storage operator to initiate judicial
 1011         proceedings where the vehicle or vessel was taken from
 1012         to determine certain findings; authorizing certain
 1013         interested parties of a vehicle or vessel to take
 1014         possession of it prior to sale if the interested party
 1015         posts a cash or surety bond with the county clerk of
 1016         courts without first initiating judicial proceedings;
 1017         requiring the clerk of court to issue a certificate
 1018         notifying the towing-storage operator of the posting
 1019         of the bond and to direct the towing-storage operator
 1020         to release the vehicle or vessel to the interested
 1021         party; requiring the party who posts the bond to give
 1022         a receipt to the towing-storage operator reciting any
 1023         property loss or damage to the vehicle or vessel or
 1024         the contents thereof, and waiving such claims if such
 1025         receipt is not provided; providing criminal penalties
 1026         for towing-storage operators who fail to release or
 1027         return the vehicle or vessel to the interested party
 1028         after posting a cash or surety bond; requiring the
 1029         clerk of courts to release the cash or surety bond to
 1030         the towing-storage operator if the interested party
 1031         does not initiate judicial proceedings within a
 1032         certain timeframe; requiring the court award all fees
 1033         to the towing-storage operator if he or she prevails
 1034         in the judicial proceedings; revising the timeframes
 1035         within which certain vehicles or vessels may be sold
 1036         by a towing-storage operator if the vehicle or vessel
 1037         is being stored by the lienor; revising notice
 1038         requirements for sale; requiring approved third-party
 1039         services to publish public notices of sale and report
 1040         certain information by specified means to the
 1041         department; providing the maximum fee that approved
 1042         third-party services may collect and retain for such
 1043         services; revising provisions for permission to
 1044         inspect a vehicle or vessel; revising how many days a
 1045         lienor may not charge for storage for failing to
 1046         comply with the notice requirements; providing
 1047         timeframes within which a vehicle, vessel, or personal
 1048         property must be made available for inspection and
 1049         release; revising criminal penalties; requiring
 1050         towing-storage operators to accept certain documents
 1051         as evidence of a person’s interest in a vehicle or
 1052         vessel; prohibiting certain persons from being
 1053         required to furnish more than one form of current
 1054         government-issued photo identification for purposes of
 1055         verifying their identity; requiring towing-storage
 1056         operators to maintain certain records for a certain
 1057         period of time; requiring towing-storage operators to
 1058         accept certain types of payment; requiring towing
 1059         storage operators to maintain a rate sheet; providing
 1060         requirements for such rate sheet; providing that
 1061         certain fees are unreasonable; requiring towing
 1062         storage operators to maintain an itemized invoice for
 1063         specified fees; providing requirements for such
 1064         invoice; requiring disclosure of such invoice to
 1065         specified persons and entities within a certain
 1066         timeframe; providing applicability; making technical
 1067         changes; amending s. 715.07, F.S.; conforming a cross
 1068         reference; providing an effective date.