Florida Senate - 2024                                     SB 774
       
       
        
       By Senator Perry
       
       
       
       
       
       9-01096-24                                             2024774__
    1                        A bill to be entitled                      
    2         An act relating to towing and storage; amending s.
    3         321.051, F.S.; prohibiting the Division of the Florida
    4         Highway Patrol from excluding wrecker operators from
    5         the wrecker operator system or from being designated
    6         as an authorized wrecker operator based solely on a
    7         prior felony conviction; providing exceptions;
    8         amending s. 713.78, F.S.; defining the terms “good
    9         faith effort” and “towing-storage operator”;
   10         authorizing a towing-storage operator to charge
   11         certain fees; providing that a lien can only be placed
   12         on specified fees; revising requirements for law
   13         enforcement agencies and the Department of Highway
   14         Safety and Motor Vehicles relating to the removal of
   15         vehicles or vessels; revising requirements for notices
   16         of lien; revising requirements for towing-storage
   17         operators providing notice to public agencies of
   18         jurisdiction; revising the timeframe in which certain
   19         unclaimed vehicles or vessels may be sold; revising
   20         requirements for notices of sale; revising provisions
   21         for permission to inspect a vehicle or vessel;
   22         providing when a vehicle must be made available for
   23         inspection; revising criminal penalties; requiring a
   24         towing-storage operator to maintain certain records
   25         for at least a specified period of time; providing the
   26         exclusive remedy for certain liens; requiring towing
   27         storage operators to accept certain types of payment;
   28         prohibiting certain persons from being required to
   29         furnish more than one form of current government photo
   30         identification for purposes of verifying their
   31         identity; making technical changes; amending ss. 83.19
   32         and 83.805, F.S.; conforming provisions to changes
   33         made by the act; amending s. 83.806, F.S.; revising
   34         requirements for the sale or disposition of property
   35         at self-service storage facilities; providing
   36         inspection requirements for vehicles or vessels being
   37         sold by a facility or unit owner; requiring vehicles
   38         or vessels to be released under certain circumstances;
   39         providing a criminal penalty; providing requirements
   40         for filing lawsuits relating to such vehicles or
   41         vessels; specifying that failure to make good faith
   42         efforts to comply with certain notice requirements
   43         precludes the imposition of certain storage charges;
   44         specifying that copies of specified documents
   45         constitute satisfactory proof for transfer of title;
   46         conforming provisions to changes made by the act;
   47         amending s. 83.808, F.S.; requiring that rental
   48         agreements for self-service storage facilities
   49         authorize tenants to designate an optional alternate
   50         contact person; specifying that such person may be
   51         contacted only for certain purposes; specifying that
   52         such person does not have an interest in the contents
   53         stored at the self-service storage facility or in the
   54         self-contained storage unit; amending s. 677.210,
   55         F.S.; conforming provisions to changes made by the
   56         act; amending s. 715.07, F.S.; conforming a cross
   57         reference; providing an effective date.
   58          
   59  Be It Enacted by the Legislature of the State of Florida:
   60  
   61         Section 1. Subsection (5) is added to section 321.051,
   62  Florida Statutes, to read:
   63         321.051 Florida Highway Patrol wrecker operator system;
   64  penalties for operation outside of system.—
   65         (5)The Division of the Florida Highway Patrol may not
   66  exclude a wrecker operator from the wrecker operator system or
   67  fail to designate him or her as an authorized wrecker operator
   68  based solely on a prior felony conviction unless such conviction
   69  is for a forcible felony as defined in s. 776.08 or a felony
   70  listed under s. 812.014(2)(c)6. or s. 812.16(2).
   71         Section 2. Subsections (1), (2), and (4), paragraph (a) of
   72  subsection (5), subsections (6), (8), (9), and (10), paragraph
   73  (a) of subsection (11), paragraphs (a) and (d) of subsection
   74  (12), and paragraphs (a), (b), and (d) of subsection (13) of
   75  section 713.78, Florida Statutes, are amended, and subsections
   76  (18), (19), and (20) are added to that section, to read:
   77         713.78 Liens for recovering, towing, or storing vehicles
   78  and vessels.—
   79         (1) For the purposes of this section, the term:
   80         (e)(a) “Vehicle” means any mobile item, whether motorized
   81  or not, which is mounted on wheels.
   82         (f)(b) “Vessel” means every description of watercraft,
   83  barge, and airboat used or capable of being used as a means of
   84  transportation on water, other than a seaplane or a “documented
   85  vessel” as defined in s. 327.02.
   86         (b)“Good faith effort” means that all of the following
   87  checks have been performed by a towing-storage company to
   88  establish the prior state of registration and title of a vehicle
   89  or vessel that has been towed or stored by the company:
   90         1.A check of the department’s database for the owner and
   91  any lienholder.
   92         2.A check of the electronic National Motor Vehicle Title
   93  Information System or an equivalent commercially available
   94  system to determine the state of registration when there is not
   95  a current registration record for the vehicle or vessel on file
   96  with the department.
   97         3.A check of the vehicle or vessel for any type of tag,
   98  tag record, temporary tag, or regular tag.
   99         4.A check of the law enforcement report for a tag number
  100  or other information identifying the vehicle or vessel, if the
  101  vehicle or vessel was towed at the request of a law enforcement
  102  officer.
  103         5.A check of the trip sheet or tow ticket of the tow truck
  104  operator to determine whether a tag was on the vehicle or vessel
  105  at the beginning of the tow, if a private tow.
  106         6.If there is no address of the owner on the impound
  107  report, a check of the law enforcement report to determine
  108  whether an out-of-state address is indicated from driver license
  109  information.
  110         7.A check of the vehicle or vessel for an inspection
  111  sticker or other stickers and decals that may indicate a state
  112  of possible registration.
  113         8.A check of the interior of the vehicle or vessel for any
  114  papers that may be in the glove box, trunk, or other areas for a
  115  state of registration.
  116         9.A check of the vehicle for a vehicle identification
  117  number.
  118         10.A check of the vessel for a vessel registration number.
  119         11.A check of the vessel hull for a hull identification
  120  number which should be carved, burned, stamped, embossed, or
  121  otherwise permanently affixed to the outboard side of the
  122  transom or, if there is no transom, to the outmost seaboard side
  123  at the end of the hull that bears the rudder or other steering
  124  mechanism.
  125         (g)(c) “Wrecker” means any truck or other vehicle that
  126  which is used to tow, carry, or otherwise transport motor
  127  vehicles or vessels upon the streets and highways of this state
  128  and which is equipped for that purpose with a boom, winch, car
  129  carrier, or other similar equipment.
  130         (c)(d) “National Motor Vehicle Title Information System”
  131  means the federally authorized electronic National Motor Vehicle
  132  Title Information System.
  133         (d)“Towing-storage operator” means a person who regularly
  134  engages in the business of transporting vehicles or vessels by
  135  wrecker, tow truck, or car carrier.
  136         (a)(e) “Equivalent commercially available system” means a
  137  service that charges a fee to provide vehicle information and
  138  that at a minimum maintains records from those states
  139  participating in data sharing with the National Motor Vehicle
  140  Title Information System.
  141         (2)(a)Whenever A towing-storage operator may charge only
  142  the following fees for, or incidental to, the recovery, removal,
  143  or storage of a vehicle or vessel:
  144         1.Any reasonable fee for service specifically authorized
  145  by ordinance, resolution, regulation, or rule of the county or
  146  municipality in which the service is performed.
  147         2.Any reasonable fee for service specifically authorized
  148  by contract or agreement between a towing-storage operator and a
  149  county, municipality, or other governmental agency.
  150         3.Any reasonable fee for service specifically authorized
  151  by rule of the Department of Highway Safety and Motor Vehicles.
  152         4.Any reasonable fee for service as agreed upon in writing
  153  between a towing-storage operator and the owner of a vehicle or
  154  vessel.
  155         5.Any lien release administrative fee as set forth in
  156  paragraph (15)(a).
  157         6.Any reasonable administrative fee or charge imposed by a
  158  county or municipality pursuant to s. 125.01047, s. 166.04465,
  159  or s. 323.002 upon the registered owner or other legally
  160  authorized person in control of a vehicle or vessel.
  161         (b)If a towing-storage operator person regularly engaged
  162  in the business of transporting vehicles or vessels by wrecker,
  163  tow truck, or car carrier recovers, removes, or stores a vehicle
  164  or vessel upon instructions from:
  165         1.(a) The owner thereof;
  166         2.(b) The owner or lessor, or a person authorized by the
  167  owner or lessor, of property on which such vehicle or vessel is
  168  wrongfully parked, and the removal is done in compliance with s.
  169  715.07;
  170         3.(c) The landlord or a person authorized by the landlord,
  171  when such motor vehicle or vessel remained on the premises after
  172  the tenancy terminated and the removal is done in compliance
  173  with s. 83.806 or s. 715.104; or
  174         4.(d) Any law enforcement agency, county, or municipality,
  175  
  176  she or he has shall have a lien on the vehicle or vessel for a
  177  reasonable towing fee, for a reasonable administrative fee or
  178  charge imposed by a county or municipality, and for a reasonable
  179  storage fee; except that a storage fee may not be charged if the
  180  vehicle or vessel is stored for less fewer than 6 hours.
  181         (4)(a) A towing-storage operator person regularly engaged
  182  in the business of recovering, towing, or storing vehicles or
  183  vessels who comes into possession of a vehicle or vessel
  184  pursuant to paragraph (2)(b) subsection (2), and who claims a
  185  lien for recovery, towing, or storage services, must shall give
  186  notice, by certified mail, pursuant to subsection (16), to the
  187  registered owner, the insurance company insuring the vehicle
  188  notwithstanding s. 627.736, and all persons claiming a lien
  189  thereon, as disclosed by the records in the Department of
  190  Highway Safety and Motor Vehicles or as disclosed by the records
  191  of any corresponding agency in any other state in which the
  192  vehicle is identified through a records check of the National
  193  Motor Vehicle Title Information System or an equivalent
  194  commercially available system as being titled or registered.
  195         (b) When Whenever a law enforcement agency authorizes the
  196  removal of a vehicle or vessel or whenever a towing service,
  197  garage, repair shop, or automotive service, storage, or parking
  198  place notifies the law enforcement agency of possession of a
  199  vehicle or vessel pursuant to s. 715.07(2)(a)2., if an approved
  200  third-party service cannot obtain the vehicle’s or vessel’s
  201  owner, lienholder, and insurer information or last state of
  202  record pursuant to subsection (16), the law enforcement agency
  203  of the jurisdiction where the vehicle or vessel is stored must
  204  shall contact the Department of Highway Safety and Motor
  205  Vehicles, or the appropriate agency of the state of
  206  registration, if known, within 24 hours through the medium of
  207  electronic communications, giving the full description of the
  208  vehicle or vessel. Upon receipt of the full description of the
  209  vehicle or vessel, the department shall search its files to
  210  determine the owner’s name, the insurance company insuring the
  211  vehicle or vessel, and whether any person has filed a lien upon
  212  the vehicle or vessel as provided in s. 319.27(2) and (3) and
  213  notify the applicable law enforcement agency within 72 hours.
  214  The person in charge of the towing service, garage, repair shop,
  215  or automotive service, storage, or parking place must request
  216  shall obtain such information from the applicable law
  217  enforcement agency within 5 days after the date of storage and
  218  shall give notice pursuant to paragraph (a). The department may
  219  release the insurance company information to the requestor
  220  notwithstanding s. 627.736.
  221         (c) The notice of lien must be sent by certified mail to
  222  the registered owner, the insurance company insuring the vehicle
  223  notwithstanding s. 627.736, and all other persons claiming a
  224  lien thereon within 4 7 business days, excluding a Saturday, and
  225  Sunday, or federal legal holiday, after the date of storage of
  226  the vehicle or vessel. However, in no event shall the notice of
  227  lien be sent less than 30 days before the sale of the vehicle or
  228  vessel. The notice must state all of the following:
  229         1. If the claim of lien is for a vehicle, the last 8 digits
  230  of the vehicle identification number of the vehicle subject to
  231  the lien, or, if the claim of lien is for a vessel, the hull
  232  identification number of the vessel subject to the lien, clearly
  233  printed in the delivery address box and on the outside of the
  234  envelope sent to the registered owner and all other persons
  235  claiming an interest in therein or lien on the vehicle or vessel
  236  thereon.
  237         2. The name, physical address, and telephone number of the
  238  lienor, and the entity name, as registered with the Division of
  239  Corporations, of the business where the towing and storage
  240  occurred, which must also appear on the outside of the envelope
  241  sent to the registered owner and all other persons claiming an
  242  interest in or lien on the vehicle or vessel.
  243         3. The fact of possession of the vehicle or vessel.
  244         4. The name of the person or entity that authorized the
  245  lienor to take possession of the vehicle or vessel.
  246         5. That a lien as provided in paragraph (2)(b) subsection
  247  (2) is claimed.
  248         6. That charges have accrued and include an itemized
  249  statement of the amount thereof.
  250         7. That the lien is subject to enforcement under law and
  251  that the owner or lienholder, if any, has the right to a hearing
  252  as set forth in subsection (5).
  253         8. That any vehicle or vessel that remains unclaimed, or
  254  for which the charges for recovery, towing, or storage services
  255  remain unpaid, may be sold free of all prior liens 35 days after
  256  the vehicle or vessel is stored by the lienor if the vehicle or
  257  vessel is more than 3 years of age or 65 50 days after the
  258  vehicle or vessel is stored by the lienor if the vehicle or
  259  vessel is 3 years of age or less.
  260         9. The address at which the vehicle or vessel is physically
  261  located.
  262         (d) The notice of lien may not be sent to the registered
  263  owner, the insurance company insuring the vehicle or vessel, and
  264  all other persons claiming a lien thereon less than 30 days
  265  before the sale of a the vehicle or vessel that is more than 3
  266  years of age or less than 60 days before the sale of a vehicle
  267  or vessel that is 3 years of age or less.
  268         (e) If attempts to locate the name and address of the owner
  269  or lienholder are prove unsuccessful, 4 the towing-storage
  270  operator shall, after 7 business days, excluding a Saturday, and
  271  Sunday, or federal legal holiday, after the initial tow or
  272  storage, the towing-storage operator must notify the public
  273  agency of jurisdiction where the vehicle or vessel is stored in
  274  writing by certified mail or electronic delivery acknowledged
  275  hand delivery that the towing-storage company has been unable to
  276  locate the name and address of the owner or lienholder and a
  277  physical search of the vehicle or vessel has disclosed no
  278  ownership information and a good faith effort has been made,
  279  including records checks of the Department of Highway Safety and
  280  Motor Vehicles database and the National Motor Vehicle Title
  281  Information System or an equivalent commercially available
  282  system. For purposes of this paragraph and subsection (9), the
  283  term “good faith effort” means that the following checks have
  284  been performed by the company to establish the prior state of
  285  registration and for title:
  286         1.A check of the department’s database for the owner and
  287  any lienholder.
  288         2.A check of the electronic National Motor Vehicle Title
  289  Information System or an equivalent commercially available
  290  system to determine the state of registration when there is not
  291  a current registration record for the vehicle or vessel on file
  292  with the department.
  293         3.A check of the vehicle or vessel for any type of tag,
  294  tag record, temporary tag, or regular tag.
  295         4.A check of the law enforcement report for a tag number
  296  or other information identifying the vehicle or vessel, if the
  297  vehicle or vessel was towed at the request of a law enforcement
  298  officer.
  299         5.A check of the trip sheet or tow ticket of the tow truck
  300  operator to determine whether a tag was on the vehicle or vessel
  301  at the beginning of the tow, if a private tow.
  302         6.If there is no address of the owner on the impound
  303  report, a check of the law enforcement report to determine
  304  whether an out-of-state address is indicated from driver license
  305  information.
  306         7.A check of the vehicle or vessel for an inspection
  307  sticker or other stickers and decals that may indicate a state
  308  of possible registration.
  309         8.A check of the interior of the vehicle or vessel for any
  310  papers that may be in the glove box, trunk, or other areas for a
  311  state of registration.
  312         9.A check of the vehicle for a vehicle identification
  313  number.
  314         10.A check of the vessel for a vessel registration number.
  315         11.A check of the vessel hull for a hull identification
  316  number which should be carved, burned, stamped, embossed, or
  317  otherwise permanently affixed to the outboard side of the
  318  transom or, if there is no transom, to the outmost seaboard side
  319  at the end of the hull that bears the rudder or other steering
  320  mechanism.
  321         (5)(a) The owner of a vehicle or vessel removed pursuant to
  322  paragraph (2)(b) subsection (2), or any person claiming a lien,
  323  other than the towing-storage operator, within 10 days after the
  324  time she or he has knowledge of the location of the vehicle or
  325  vessel, may file a complaint in the county court of the county
  326  in which the vehicle or vessel is stored to determine whether
  327  her or his property was wrongfully taken or withheld.
  328         (6) A vehicle or vessel that is stored pursuant to
  329  paragraph (2)(b) subsection (2) and remains unclaimed, or for
  330  which reasonable charges for recovery, towing, or storing remain
  331  unpaid, and any contents not released pursuant to subsection
  332  (10), may be sold by the owner or operator of the storage space
  333  for such towing or storage charge 35 days after the vehicle or
  334  vessel is stored by the lienor if the vehicle or vessel is more
  335  than 3 years of age or 65 50 days after the vehicle or vessel is
  336  stored by the lienor if the vehicle or vessel is 3 years of age
  337  or less. The sale must shall be at public sale for cash. If the
  338  date of the sale was not included in the notice required in
  339  subsection (4), notice of the sale must shall be given to the
  340  person in whose name the vehicle or vessel is registered and to
  341  all persons claiming a lien on the vehicle or vessel as shown on
  342  the records of the Department of Highway Safety and Motor
  343  Vehicles or of any corresponding agency in any other state in
  344  which the vehicle is identified through a records check of the
  345  National Motor Vehicle Title Information System or an equivalent
  346  commercially available system as being titled. Notice of the
  347  sale must be sent by certified mail to the registered owner of
  348  the vehicle or vessel, the insurance company insuring the
  349  vehicle or vessel, and the person having the recorded lien on
  350  the vehicle or vessel at the address shown on the records of the
  351  registering agency at least 30 days before the sale of the
  352  vehicle or vessel. The notice must have clearly identified and
  353  printed, if the claim of lien is for a motor vehicle, The last 8
  354  digits of the vehicle identification number of the motor vehicle
  355  subject to the lien, or, if the claim of lien is for a vessel,
  356  the hull identification number of the vessel subject to the
  357  lien, must be clearly identified and printed in the delivery
  358  address box and on the outside of the envelope sent to the
  359  registered owner and all other persons claiming an interest in
  360  therein or lien on the vehicle or vessel thereon. The notice
  361  must be sent to the owner of the vehicle or vessel and the
  362  person having the recorded lien on the vehicle or vessel at the
  363  address shown on the records of the registering agency at least
  364  30 days before the sale of the vehicle or vessel. The notice
  365  must state the name, physical address, and telephone number of
  366  the lienor, and the vehicle identification number if the claim
  367  of lien is for a vehicle or the hull identification number if
  368  the claim of lien is for a vessel, all of which must also appear
  369  in the return address section on the outside of the envelope
  370  containing the notice of sale. After diligent search and
  371  inquiry, if the name and address of the registered owner or the
  372  owner of the recorded lien cannot be ascertained, the
  373  requirements of notice by mail may be dispensed with. In
  374  addition to the notice by mail, public notice of the time and
  375  place of sale must shall be made by publishing a notice thereof
  376  one time, at least 20 10 days before the date of the sale, in a
  377  newspaper of general circulation in the county in which the sale
  378  is to be held. The proceeds of the sale, after payment of
  379  reasonable towing and storage charges, and costs of the sale, in
  380  that order of priority, must shall be deposited with the clerk
  381  of the circuit court for the county if the owner or lienholder
  382  is absent, and the clerk shall hold such proceeds subject to the
  383  claim of the owner or lienholder legally entitled thereto. The
  384  clerk is shall be entitled to receive 5 percent of such proceeds
  385  for the care and disbursement thereof. The certificate of title
  386  issued under this section must this law shall be discharged of
  387  all liens unless otherwise provided by court order. The owner or
  388  lienholder may file a complaint after the vehicle or vessel has
  389  been sold in the county court of the county in which it is
  390  stored. Upon determining the respective rights of the parties,
  391  the court may award damages, attorney fees, and costs in favor
  392  of the prevailing party.
  393         (8) A towing-storage operator person regularly engaged in
  394  the business of recovering, towing, or storing vehicles or
  395  vessels, except a person licensed under chapter 493 while
  396  engaged in “repossession” activities as defined in s. 493.6101,
  397  may not operate a wrecker, tow truck, or car carrier unless the
  398  name, address, and telephone number of the company performing
  399  the service is clearly printed in contrasting colors on the
  400  driver and passenger sides of its vehicle. The name must be in
  401  at least 3-inch permanently affixed letters, and the address and
  402  telephone number must be in at least 1-inch permanently affixed
  403  letters.
  404         (9) Failure to make good faith efforts to substantially
  405  comply with the notice requirements of this section or precludes
  406  the imposition of any storage charges against the vehicle or
  407  vessel. If a lienor fails to provide notice to a person claiming
  408  a lien on a vehicle or vessel in accordance with subsection (4)
  409  precludes the imposition of storage charges against the vehicle
  410  or vessel, the lienor may not charge the person for more than 4
  411  7 days of storage, but such failure does not affect charges made
  412  for towing the vehicle or vessel or the priority of liens on the
  413  vehicle or vessel.
  414         (10) A towing-storage operator must Persons who provide
  415  services pursuant to this section shall permit vehicle or vessel
  416  owners, including rental vehicle or vessel owners, lienholders,
  417  insurance company representatives, or their agents, which agency
  418  is evidenced by an original writing acknowledged by the owner
  419  before a notary public or other person empowered by law to
  420  administer oaths, to inspect the towed vehicle or vessel and
  421  shall release to the owner, lienholder, or agent the vehicle,
  422  vessel, or all personal property not affixed to the vehicle or
  423  vessel which was in the vehicle or vessel at the time the
  424  vehicle or vessel came into the custody of the towing-storage
  425  operator. A towing-storage operator must allow vehicle or vessel
  426  owners, rental vehicle or vessel owners, lienholders, insurance
  427  company representatives, or their agents to inspect the towed
  428  vehicle or vessel during normal business hours within 30 minutes
  429  after their arrival at the storage site where the vehicle or
  430  vessel is stored. A photocopy of an agency agreement is
  431  sufficient evidence of agency. A rental vehicle or vessel
  432  agreement is not evidence that the person who rented a vehicle
  433  or vessel is an agent of the rental vehicle or vessel owner.
  434  Towing-storage operators must accept a photocopy of a contract,
  435  an electronic title, or a paper title as evidence of a person’s
  436  interest in a vehicle or vessel person providing such services.
  437         (11)(a) A towing-storage operator Any person regularly
  438  engaged in the business of recovering, towing, or storing
  439  vehicles or vessels who comes into possession of a vehicle or
  440  vessel pursuant to paragraph (2)(b) subsection (2) and who has
  441  complied with the provisions of subsections (4) (3) and (6),
  442  when such vehicle or vessel is to be sold for purposes of being
  443  dismantled, destroyed, or changed in such manner that it is not
  444  the motor vehicle or vessel described in the certificate of
  445  title, must shall report the vehicle to the National Motor
  446  Vehicle Title Information System and apply to the Department of
  447  Highway Safety and Motor Vehicles for a certificate of
  448  destruction. A certificate of destruction, which authorizes the
  449  dismantling or destruction of the vehicle or vessel described
  450  therein, is shall be reassignable a maximum of two times before
  451  dismantling or destruction of the vehicle is shall be required,
  452  and must shall accompany the vehicle or vessel for which it is
  453  issued, when such vehicle or vessel is sold for such purposes,
  454  in lieu of a certificate of title. The application for a
  455  certificate of destruction must include proof of reporting to
  456  the National Motor Vehicle Title Information System and an
  457  affidavit from the applicant that she or he it has complied with
  458  all applicable requirements of this section and, if the vehicle
  459  or vessel is not registered in this state or any other state, by
  460  a statement from a law enforcement officer that the vehicle or
  461  vessel is not reported stolen, and must shall be accompanied by
  462  such documentation as may be required by the department.
  463         (12)(a) Any person who violates paragraph (2)(b) any
  464  provision of subsection (1), subsection (2), subsection (4),
  465  subsection (5), subsection (6), or subsection (7) is guilty of a
  466  misdemeanor of the first degree, punishable as provided in s.
  467  775.082 or s. 775.083.
  468         (d) Employees of the Department of Highway Safety and Motor
  469  Vehicles and law enforcement officers are authorized to inspect
  470  the records of a towing-storage operator any person regularly
  471  engaged in the business of recovering, towing, or storing
  472  vehicles or vessels or transporting vehicles or vessels by
  473  wrecker, tow truck, or car carrier, to ensure compliance with
  474  the requirements of this section. A towing-storage operator Any
  475  person who fails to maintain records, or fails to produce
  476  records when required in a reasonable manner and at a reasonable
  477  time, commits a misdemeanor of the first degree, punishable as
  478  provided in s. 775.082 or s. 775.083.
  479         (13)(a) Upon receipt by the Department of Highway Safety
  480  and Motor Vehicles of written notice from a wrecker operator who
  481  claims a wrecker operator’s lien under subparagraph (2)(b)4.
  482  paragraph (2)(d) for recovery, towing, or storage of an
  483  abandoned vehicle or vessel upon instructions from any law
  484  enforcement agency, for which a certificate of destruction has
  485  been issued under subsection (11) and the vehicle has been
  486  reported to the National Motor Vehicle Title Information System,
  487  the department shall place the name of the registered owner of
  488  that vehicle or vessel on the list of those persons who may not
  489  be issued a license plate or revalidation sticker for any motor
  490  vehicle under s. 320.03(8). If the vehicle or vessel is owned
  491  jointly by more than one person, the name of each registered
  492  owner must shall be placed on the list. The notice of wrecker
  493  operator’s lien must shall be submitted on forms provided by the
  494  department and, which must include all of the following:
  495         1. The name, address, and telephone number of the wrecker
  496  operator.
  497         2. The name of the registered owner of the vehicle or
  498  vessel and the address to which the wrecker operator provided
  499  notice of the lien to the registered owner under subsection (4).
  500         3. A general description of the vehicle or vessel,
  501  including its color, make, model, body style, and year.
  502         4. The vehicle identification number (VIN); registration
  503  license plate number, state, and year; validation decal number,
  504  state, and year; vessel registration number; hull identification
  505  number; or other identification number, as applicable.
  506         5. The name of the person or the corresponding law
  507  enforcement agency that requested that the vehicle or vessel be
  508  recovered, towed, or stored.
  509         6. The amount of the wrecker operator’s lien, not to exceed
  510  the amount allowed by paragraph (b).
  511         (b) For purposes of this subsection only, the amount of the
  512  wrecker operator’s lien for which the department will prevent
  513  issuance of a license plate or revalidation sticker may not
  514  exceed the amount of the charges for recovery, towing, and
  515  storage of the vehicle or vessel for 7 days. These charges may
  516  not exceed the maximum rates imposed by the ordinances of the
  517  respective county or municipality under ss. 125.0103(1)(c) and
  518  166.043(1)(c). This paragraph does not limit the amount of a
  519  wrecker operator’s lien claimed under paragraph (2)(b)
  520  subsection (2) or prevent a wrecker operator from seeking civil
  521  remedies for enforcement of the entire amount of the lien, but
  522  limits only that portion of the lien for which the department
  523  will prevent issuance of a license plate or revalidation
  524  sticker.
  525         (d) Upon discharge of the amount of the wrecker operator’s
  526  lien allowed by paragraph (b), the wrecker operator must issue a
  527  certificate of discharged wrecker operator’s lien on forms
  528  provided by the department to each registered owner of the
  529  vehicle or vessel attesting that the amount of the wrecker
  530  operator’s lien allowed by paragraph (b) has been discharged.
  531  Upon presentation of the certificate of discharged wrecker
  532  operator’s lien by the registered owner, the department must
  533  shall immediately remove the registered owner’s name from the
  534  list of those persons who may not be issued a license plate or
  535  revalidation sticker for any motor vehicle under s. 320.03(8),
  536  thereby allowing issuance of a license plate or revalidation
  537  sticker. Issuance of a certificate of discharged wrecker
  538  operator’s lien under this paragraph does not discharge the
  539  entire amount of the wrecker operator’s lien claimed under
  540  paragraph (2)(b) subsection (2), but only certifies to the
  541  department that the amount of the wrecker operator’s lien
  542  allowed by paragraph (b), for which the department will prevent
  543  issuance of a license plate or revalidation sticker, has been
  544  discharged.
  545         (18)A towing-storage operator must retain for 3 years
  546  records produced for all vehicles or vessels recovered, towed,
  547  stored, or released. Such records must include at least all of
  548  the following:
  549         (a)All notice publications and certified mailings.
  550         (b)The purchase price of any unclaimed vehicle or vessel
  551  sold.
  552         (c)The names and addresses of persons to which vehicles or
  553  vessels were released.
  554         (d)The names and addresses of vehicle or vessel
  555  purchasers.
  556         (e)All fees imposed under this section.
  557         (19)This section is the exclusive remedy for the placement
  558  or foreclosure of a storage lien placed on a vehicle or vessel
  559  pursuant to ss. 83.19 and 677.210.
  560         (20)(a)A towing-storage operator must accept payment for
  561  accrued charges from an authorized person listed in subsection
  562  (10) in any form from at least two of the following
  563  subparagraphs:
  564         1.Cash, cashier’s check, money order, or traveler’s check.
  565         2.Bank, debit, or credit card.
  566         3.Mobile payment service, digital wallet, or other
  567  electronic payment system.
  568         (b)Any of the authorized persons listed in subsection (10)
  569  are not required to furnish more than one form of current
  570  government photo identification when payment is made in any of
  571  the forms listed in paragraph (a). Presenting one form of
  572  current government photo identification constitutes sufficient
  573  identity verification for the purposes of this subsection.
  574         Section 3. Subsection (5) is added to section 83.19,
  575  Florida Statutes, to read:
  576         83.19 Sale of property distrained.—
  577         (5)A lien on a vehicle or vessel, as those terms are
  578  defined in s. 713.78(1), of a tenant or lessee must be
  579  foreclosed pursuant to s. 713.78 and may not be foreclosed under
  580  this chapter.
  581         Section 4. Section 83.805, Florida Statutes, is amended to
  582  read:
  583         83.805 Lien.—
  584         (1) The owner of a self-service storage facility or self
  585  contained storage unit and the owner’s heirs, executors,
  586  administrators, successors, and assigns have a lien upon all
  587  personal property, whether or not owned by the tenant, located
  588  at a self-service storage facility or in a self-contained
  589  storage unit for rent, labor charges, or other charges, present
  590  or future, in relation to the personal property and for expenses
  591  necessary for its preservation or expenses reasonably incurred
  592  in its sale or other disposition pursuant to ss. 83.801-83.809.
  593  The lien provided for in this section attaches as of the date
  594  that the personal property is brought to the self-service
  595  storage facility or as of the date the tenant takes possession
  596  of the self-contained storage unit, and the priority of this
  597  lien shall be the same as provided in s. 83.08; however, in the
  598  event of default, the owner must give notice to persons who hold
  599  perfected security interests under the Uniform Commercial Code
  600  in which the tenant is named as the debtor.
  601         (2)A lien on a vehicle or vessel, as those terms are
  602  defined in s. 713.78(1), of a tenant or lessee must be
  603  foreclosed pursuant to s. 713.78 and may not be foreclosed under
  604  this chapter.
  605         Section 5. Subsection (1), paragraphs (a) and (b) of
  606  subsection (4), and subsections (8) and (10) of section 83.806,
  607  Florida Statutes, are amended to read:
  608         83.806 Enforcement of lien.—An owner’s lien as provided in
  609  s. 83.805 may be satisfied as follows:
  610         (1) The tenant shall be notified by written notice
  611  delivered in person, by e-mail, or by first-class mail with a
  612  certificate of mailing to the tenant’s last known address and
  613  the last known address of the alternate contact person
  614  designated by the tenant under the rental agreement, if any, and
  615  conspicuously posted at the self-service storage facility or on
  616  the self-contained storage unit. If the owner sends notice of a
  617  pending sale of property to the tenant’s and alternate contact
  618  person’s last known e-mail address and does not receive a
  619  response, return receipt, or delivery confirmation from the same
  620  e-mail address, the owner must send notice of the sale to the
  621  tenant and alternate contact person by first-class mail with a
  622  certificate of mailing to the tenant’s and alternate contact
  623  person’s last known address before proceeding with the sale.
  624         (4) After the expiration of the time given in the notice,
  625  an advertisement of the sale or other disposition shall be
  626  published once a week for 2 consecutive weeks in a newspaper of
  627  general circulation in the area where the self-service storage
  628  facility or self-contained storage unit is located.
  629         (a) A lien sale may be conducted on a public website that
  630  customarily conducts personal property auctions. The facility or
  631  unit owner is not required to hold a license to post property
  632  for online sale. Inasmuch As any sale may involve property of
  633  more than one tenant, a single advertisement may be used to
  634  dispose of property at any one sale.
  635         (b) The advertisement shall include:
  636         1. A brief and general description of what is believed to
  637  constitute the personal property contained in the storage unit,
  638  as provided in paragraph (2)(b).
  639         2. The address of the self-service storage facility or the
  640  address where the self-contained storage unit is located and the
  641  name of the tenant.
  642         3. The time, place, and manner of the sale or other
  643  disposition. The sale or other disposition shall take place at
  644  least 10 15 days after the first publication.
  645         (8) In the event of a sale under this section, the owner
  646  may satisfy his or her lien from the proceeds of the sale,
  647  provided the owner’s lien has priority over all other liens in
  648  the personal property. The lien rights of secured lienholders
  649  are automatically transferred to the remaining proceeds of the
  650  sale. The balance, if any, must shall be held by the owner for
  651  delivery on demand to the tenant. A notice of any balance must
  652  shall be delivered by the owner to the tenant and the alternate
  653  contact person designated by the tenant under the rental
  654  agreement, if any, in person or by first-class mail with a
  655  certificate of mailing to the last known address of the tenant
  656  and alternate contact person. If the tenant does not claim the
  657  balance of the proceeds within 2 years after the date of sale,
  658  the proceeds are shall be deemed abandoned, and the owner has
  659  shall have no further obligation with regard to the payment of
  660  the balance. In the event that the owner’s lien does not have
  661  priority over all other liens, the sale proceeds must shall be
  662  held for the benefit of the holders of those liens having
  663  priority. A notice of the amount of the sale proceeds must shall
  664  be delivered by the owner to the tenant; alternate contact
  665  person, if any; and or secured lienholders in person or by
  666  first-class mail with a certificate of mailing to their last
  667  known addresses. If the tenant or the secured lienholders do not
  668  claim the sale proceeds within 2 years after the date of sale,
  669  the proceeds are shall be deemed abandoned, and the owner has
  670  shall have no further obligation with regard to the payment of
  671  the proceeds.
  672         (10)(a) If a lien is claimed on property that is a motor
  673  vehicle or vessel a watercraft and rent and other charges
  674  related to the property remain unpaid or unsatisfied for 60 days
  675  after the maturity of the obligation to pay the rent and other
  676  charges, the facility or unit owner may sell the property
  677  pursuant to this section or have the property towed.
  678         (b)If a facility or unit owner intends to sell the vehicle
  679  or vessel, the facility or unit owner must conduct a check of
  680  records with the Department of Highway Safety and Motor
  681  Vehicles. In the event that no current registration is found in
  682  the search, the facility or unit owner must conduct a search
  683  through the National Motor Vehicle Title Information System or
  684  an equivalent commercially available system. If a person
  685  claiming a lien is not identified in either search, the property
  686  may be sold by the facility or unit owner pursuant to this
  687  section. The facility or unit owner must send a notice of lien
  688  by certified mail to all persons claiming a lien at least 30
  689  days before the date of the sale. The notice must state all of
  690  the following:
  691         1.The make, model, and last 8 digits of the vehicle
  692  identification number of the vehicle subject to the lien, or, if
  693  the claim of lien is for a vessel, the hull identification
  694  number of the vessel subject to the lien. Such information must
  695  be clearly printed in the delivery address box and on the
  696  outside of the envelope sent to the registered owner and all
  697  other persons claiming an interest in or a lien on the vehicle
  698  or vessel.
  699         2.The name, physical address, and telephone number of the
  700  facility or unit owner, and the entity name, as registered with
  701  the Division of Corporations, of the business where the vehicle
  702  or vessel is stored, which must also appear on the outside of
  703  the envelope sent to all persons claiming a lien on the vehicle
  704  or vessel.
  705         3.The fact of possession of the vehicle or vessel.
  706         4.The name of the person or entity listed as tenant in the
  707  rental agreement.
  708         5.That a lien is claimed.
  709         6.That charges have accrued and include an itemized
  710  statement of the amount thereof.
  711         7.That any vehicle or vessel that remains unclaimed may be
  712  sold free of all prior liens 30 days after notification is sent.
  713         8.The address at which the vehicle or vessel is physically
  714  located.
  715         (c)At any time before the proposed or scheduled date of
  716  sale of a vehicle or vessel, a person claiming an interest in or
  717  a lien on the vehicle or vessel may request to inspect the
  718  vehicle or vessel. The facility or unit owner must make the
  719  vehicle or vessel available for inspection during regular
  720  business hours within 3 business days after receiving a written
  721  request to inspect the vehicle or vessel.
  722         (d)At any time before the sale of the vehicle or vessel, a
  723  person of record claiming a lien against the vehicle or vessel
  724  may have her or his vehicle or vessel released upon posting with
  725  the clerk of the court in the county in which the vehicle or
  726  vessel is held a cash or surety bond or other adequate security
  727  equal to the amount of the storage charges and administrative
  728  fees required to ensure the payment of such charges in the event
  729  she or he does not prevail. A particular form for posting the
  730  bond is not required unless the clerk provides such form to the
  731  customer or person for filing. Upon the posting of the bond and
  732  the payment of the applicable fee set forth in s. 28.24, the
  733  clerk of the court shall automatically issue a certificate
  734  notifying the facility or unit owner of the posting of the bond
  735  and directing the owner to release the vehicle or vessel to the
  736  person of record claiming a lien against the vehicle or vessel.
  737  The certificate must be presented during regular business hours.
  738  The facility or unit owner, or an employee or agent thereof who
  739  is authorized to release the vehicle or vessel and who, upon
  740  receiving a copy of a certificate giving notice of the posting
  741  of the bond in the required amount and directing release of the
  742  vehicle or vessel, fails to release or return the property to
  743  the person of record claiming a lien pursuant to this section,
  744  commits a misdemeanor of the second degree, punishable as
  745  provided in s. 775.082 or s. 775.083.
  746         (e)The person of record claiming a lien against a vehicle
  747  or vessel has 30 days after the issuance of the certificate by
  748  the clerk to file a lawsuit to determine the validity of the
  749  storage charges. Upon determining the respective rights of the
  750  parties under this section, the court may award damages,
  751  attorney fees, and costs in favor of the prevailing party. Upon
  752  failure of the party posting the bond to timely file suit and a
  753  request by the facility or unit owner, the clerk must release
  754  the cash or surety bond to the facility or unit owner.
  755         (f)Failure to make good faith efforts, as defined in s.
  756  713.78(1), to comply with the notice requirements of this
  757  section precludes the imposition of any storage charges against
  758  the vehicle or vessel.
  759         (g)A copy of the notice of sale, proof of notice mailed to
  760  any person claiming a lien as required herein, and proof of the
  761  required check of the records of the Department of Highway
  762  Safety and Motor Vehicles and the National Motor Vehicle Title
  763  Information System or an equivalent commercially available
  764  system, if applicable, shall constitute satisfactory proof for
  765  application to the Department of Highway Safety and Motor
  766  Vehicles for transfer of title, together with any other proof
  767  required by any rules and regulations of the department.
  768         (h) If a motor vehicle or vessel watercraft is towed, the
  769  facility or unit owner is not liable for the motor vehicle or
  770  vessel watercraft or any damages to the motor vehicle or vessel
  771  watercraft once a wrecker takes possession of the property. The
  772  wrecker taking possession of the property must comply with all
  773  notification and sale requirements provided in s. 713.78.
  774         Section 6. Subsection (4) is added to section 83.808,
  775  Florida Statutes, to read:
  776         83.808 Contracts.—
  777         (4)A rental agreement must contain a provision that
  778  authorizes the tenant to designate an optional alternate contact
  779  person. The alternate contact person may be contacted only for
  780  purposes of providing notice under s. 83.806 or as otherwise
  781  authorized by the rental agreement. Designating an alternate
  782  contact person does not give such person an interest in the
  783  contents stored at the self-service storage facility or in the
  784  self-contained storage unit.
  785         Section 7. Subsection (10) is added to section 677.210,
  786  Florida Statutes, to read:
  787         677.210 Enforcement of warehouse’s lien.—
  788         (10)A lien on a vehicle or vessel, as those terms are
  789  defined in s. 713.78(1), must be foreclosed pursuant to s.
  790  713.78 and may not be foreclosed under this chapter.
  791         Section 8. Paragraph (a) of subsection (2) of section
  792  715.07, Florida Statutes, is amended to read:
  793         715.07 Vehicles or vessels parked on private property;
  794  towing.—
  795         (2) The owner or lessee of real property, or any person
  796  authorized by the owner or lessee, which person may be the
  797  designated representative of the condominium association if the
  798  real property is a condominium, may cause any vehicle or vessel
  799  parked on such property without her or his permission to be
  800  removed by a person regularly engaged in the business of towing
  801  vehicles or vessels, without liability for the costs of removal,
  802  transportation, or storage or damages caused by such removal,
  803  transportation, or storage, under any of the following
  804  circumstances:
  805         (a) The towing or removal of any vehicle or vessel from
  806  private property without the consent of the registered owner or
  807  other legally authorized person in control of that vehicle or
  808  vessel is subject to substantial compliance with the following
  809  conditions and restrictions:
  810         1.a. Any towed or removed vehicle or vessel must be stored
  811  at a site within a 10-mile radius of the point of removal in any
  812  county of 500,000 population or more, and within a 15-mile
  813  radius of the point of removal in any county of fewer than
  814  500,000 population. That site must be open for the purpose of
  815  redemption of vehicles on any day that the person or firm towing
  816  such vehicle or vessel is open for towing purposes, from 8:00
  817  a.m. to 6:00 p.m., and, when closed, shall have prominently
  818  posted a sign indicating a telephone number where the operator
  819  of the site can be reached at all times. Upon receipt of a
  820  telephoned request to open the site to redeem a vehicle or
  821  vessel, the operator shall return to the site within 1 hour or
  822  she or he will be in violation of this section.
  823         b. If no towing business providing such service is located
  824  within the area of towing limitations set forth in sub
  825  subparagraph a., the following limitations apply: any towed or
  826  removed vehicle or vessel must be stored at a site within a 20
  827  mile radius of the point of removal in any county of 500,000
  828  population or more, and within a 30-mile radius of the point of
  829  removal in any county of fewer than 500,000 population.
  830         2. The person or firm towing or removing the vehicle or
  831  vessel shall, within 30 minutes after completion of such towing
  832  or removal, notify the municipal police department or, in an
  833  unincorporated area, the sheriff, of such towing or removal, the
  834  storage site, the time the vehicle or vessel was towed or
  835  removed, and the make, model, color, and license plate number of
  836  the vehicle or description and registration number of the vessel
  837  and shall obtain the name of the person at that department to
  838  whom such information was reported and note that name on the
  839  trip record.
  840         3. A person in the process of towing or removing a vehicle
  841  or vessel from the premises or parking lot in which the vehicle
  842  or vessel is not lawfully parked must stop when a person seeks
  843  the return of the vehicle or vessel. The vehicle or vessel must
  844  be returned upon the payment of a reasonable service fee of not
  845  more than one-half of the posted rate for the towing or removal
  846  service as provided in subparagraph 6. The vehicle or vessel may
  847  be towed or removed if, after a reasonable opportunity, the
  848  owner or legally authorized person in control of the vehicle or
  849  vessel is unable to pay the service fee. If the vehicle or
  850  vessel is redeemed, a detailed signed receipt must be given to
  851  the person redeeming the vehicle or vessel.
  852         4. A person may not pay or accept money or other valuable
  853  consideration for the privilege of towing or removing vehicles
  854  or vessels from a particular location.
  855         5. Except for property appurtenant to and obviously a part
  856  of a single-family residence, and except for instances when
  857  notice is personally given to the owner or other legally
  858  authorized person in control of the vehicle or vessel that the
  859  area in which that vehicle or vessel is parked is reserved or
  860  otherwise unavailable for unauthorized vehicles or vessels and
  861  that the vehicle or vessel is subject to being removed at the
  862  owner’s or operator’s expense, any property owner or lessee, or
  863  person authorized by the property owner or lessee, before towing
  864  or removing any vehicle or vessel from private property without
  865  the consent of the owner or other legally authorized person in
  866  control of that vehicle or vessel, must post a notice meeting
  867  the following requirements:
  868         a. The notice must be prominently placed at each driveway
  869  access or curb cut allowing vehicular access to the property
  870  within 10 feet from the road, as defined in s. 334.03(22). If
  871  there are no curbs or access barriers, the signs must be posted
  872  not fewer than one sign for each 25 feet of lot frontage.
  873         b. The notice must clearly indicate, in not fewer than 2
  874  inch high, light-reflective letters on a contrasting background,
  875  that unauthorized vehicles will be towed away at the owner’s
  876  expense. The words “tow-away zone” must be included on the sign
  877  in not fewer than 4-inch high letters.
  878         c. The notice must also provide the name and current
  879  telephone number of the person or firm towing or removing the
  880  vehicles or vessels.
  881         d. The sign structure containing the required notices must
  882  be permanently installed with the words “tow-away zone” not
  883  fewer than 3 feet and not more than 6 feet above ground level
  884  and must be continuously maintained on the property for not
  885  fewer than 24 hours before the towing or removal of any vehicles
  886  or vessels.
  887         e. The local government may require permitting and
  888  inspection of these signs before any towing or removal of
  889  vehicles or vessels being authorized.
  890         f. A business with 20 or fewer parking spaces satisfies the
  891  notice requirements of this subparagraph by prominently
  892  displaying a sign stating “Reserved Parking for Customers Only
  893  Unauthorized Vehicles or Vessels Will be Towed Away At the
  894  Owner’s Expense” in not fewer than 4-inch high, light-reflective
  895  letters on a contrasting background.
  896         g. A property owner towing or removing vessels from real
  897  property must post notice, consistent with the requirements in
  898  sub-subparagraphs a.-f., which apply to vehicles, that
  899  unauthorized vehicles or vessels will be towed away at the
  900  owner’s expense.
  901  
  902  A business owner or lessee may authorize the removal of a
  903  vehicle or vessel by a towing company when the vehicle or vessel
  904  is parked in such a manner that restricts the normal operation
  905  of business; and if a vehicle or vessel parked on a public
  906  right-of-way obstructs access to a private driveway the owner,
  907  lessee, or agent may have the vehicle or vessel removed by a
  908  towing company upon signing an order that the vehicle or vessel
  909  be removed without a posted tow-away zone sign.
  910         6. Any person or firm that tows or removes vehicles or
  911  vessels and proposes to require an owner, operator, or person in
  912  control or custody of a vehicle or vessel to pay the costs of
  913  towing and storage before redemption of the vehicle or vessel
  914  must file and keep on record with the local law enforcement
  915  agency a complete copy of the current rates to be charged for
  916  such services and post at the storage site an identical rate
  917  schedule and any written contracts with property owners,
  918  lessees, or persons in control of property which authorize such
  919  person or firm to remove vehicles or vessels as provided in this
  920  section.
  921         7. Any person or firm towing or removing any vehicles or
  922  vessels from private property without the consent of the owner
  923  or other legally authorized person in control or custody of the
  924  vehicles or vessels shall, on any trucks, wreckers as defined in
  925  s. 713.78(1) s. 713.78(1)(c), or other vehicles used in the
  926  towing or removal, have the name, address, and telephone number
  927  of the company performing such service clearly printed in
  928  contrasting colors on the driver and passenger sides of the
  929  vehicle. The name shall be in at least 3-inch permanently
  930  affixed letters, and the address and telephone number shall be
  931  in at least 1-inch permanently affixed letters.
  932         8. Vehicle entry for the purpose of removing the vehicle or
  933  vessel shall be allowed with reasonable care on the part of the
  934  person or firm towing the vehicle or vessel. Such person or firm
  935  shall be liable for any damage occasioned to the vehicle or
  936  vessel if such entry is not in accordance with the standard of
  937  reasonable care.
  938         9. When a vehicle or vessel has been towed or removed
  939  pursuant to this section, it must be released to its owner or
  940  person in control or custody within 1 hour after requested. Any
  941  vehicle or vessel owner or person in control or custody has the
  942  right to inspect the vehicle or vessel before accepting its
  943  return, and no release or waiver of any kind which would release
  944  the person or firm towing the vehicle or vessel from liability
  945  for damages noted by the owner or person in control or custody
  946  at the time of the redemption may be required from any vehicle
  947  or vessel owner or person in control or custody as a condition
  948  of release of the vehicle or vessel to its owner or person in
  949  control or custody. A detailed receipt showing the legal name of
  950  the company or person towing or removing the vehicle or vessel
  951  must be given to the person paying towing or storage charges at
  952  the time of payment, whether requested or not.
  953         Section 9. This act shall take effect July 1, 2024.