Bill Text: FL S0974 | 2014 | Regular Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Towing of Vehicles and Vessels

Spectrum: Bipartisan Bill

Status: (Failed) 2014-05-02 - Died in Community Affairs [S0974 Detail]

Download: Florida-2014-S0974-Introduced.html

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       Florida Senate - 2014                                     SB 974
       
       
        
       By Senator Abruzzo
       
       
       
       
       
       25-01037-14                                            2014974__
    1                        A bill to be entitled                      
    2         An act relating to towing of vehicles and vessels;
    3         amending s. 715.07, F.S.; authorizing an owner or
    4         lessee of real property to have a vehicle or vessel
    5         removed from the property without certain signage if
    6         the vehicle or vessel has remained on the property for
    7         a specified period; providing an effective date.
    8          
    9  Be It Enacted by the Legislature of the State of Florida:
   10  
   11         Section 1. Section 715.07, Florida Statutes, is amended to
   12  read:
   13         715.07 Vehicles or vessels parked on private property;
   14  towing.—
   15         (1) As used in this section, the term:
   16         (a) “Vehicle” means a any mobile item that which normally
   17  uses wheels, whether motorized or not.
   18         (b) “Vessel” means every description of watercraft, barge,
   19  and airboat used or capable of being used as a means of
   20  transportation on water, other than a seaplane or a “documented
   21  vessel” as defined in s. 327.02(9).
   22         (2) The owner or lessee of real property, or a any person
   23  authorized by the owner or lessee, which person may be the
   24  designated representative of the condominium association if the
   25  real property is a condominium, may cause a any vehicle or
   26  vessel parked on such property without her or his permission to
   27  be removed by a person regularly engaged in the business of
   28  towing vehicles or vessels, without liability for the costs of
   29  removal, transportation, or storage or damages caused by such
   30  removal, transportation, or storage, under any of the following
   31  circumstances:
   32         (a) The towing or removal of a any vehicle or vessel from
   33  private property without the consent of the registered owner or
   34  other legally authorized person in control of that vehicle or
   35  vessel is subject to strict compliance with the following
   36  conditions and restrictions:
   37         1.a. A Any towed or removed vehicle or vessel must be
   38  stored at a site within a 10-mile radius of the point of removal
   39  in a any county with a population of 500,000 population or more
   40  or, and within a 15-mile radius of the point of removal in a any
   41  county with a population of less than 500,000 population. That
   42  site must be open for the purpose of redemption of vehicles from
   43  8 a.m. to 6 p.m. on any day that the person or firm towing such
   44  vehicle or vessel is open for towing purposes, from 8:00 a.m. to
   45  6:00 p.m., and, when closed, shall have prominently posted a
   46  sign indicating a telephone number where the operator of the
   47  site can be reached at all times. Upon receipt of a telephoned
   48  request to open the site to redeem a vehicle or vessel, the
   49  operator must shall return to the site within 1 hour or she or
   50  he will be in violation of this section.
   51         b. If no towing business providing such service is located
   52  within the area of towing limitations under set forth in sub
   53  subparagraph a., the following limitations apply: a any towed or
   54  removed vehicle or vessel must be stored at a site within a 20
   55  mile radius of the point of removal in a any county with a
   56  population of 500,000 population or more or, and within a 30
   57  mile radius of the point of removal in a any county with a
   58  population of less than 500,000 population.
   59         2. Within 30 minutes after completion of the towing or
   60  removal, the person or firm that towed or removed towing or
   61  removing the vehicle or vessel must shall, within 30 minutes
   62  after completion of such towing or removal, notify the municipal
   63  police department or, in an unincorporated area, the sheriff,
   64  of: the such towing or removal;, the storage site;, the time the
   65  vehicle or vessel was towed or removed;, and the make, model,
   66  color, and license plate number of the vehicle or description
   67  and registration number of the vessel. The person or firm and
   68  shall note on the trip record obtain the name of the person at
   69  that department to whom such information was reported and note
   70  that name on the trip record.
   71         3. A person in the process of towing or removing a vehicle
   72  or vessel from the premises or parking lot in which the vehicle
   73  or vessel is not lawfully parked must stop when a person seeks
   74  the return of the vehicle or vessel. The vehicle or vessel must
   75  be returned upon the payment of a reasonable service fee of not
   76  more than one-half of the posted rate for the towing or removal
   77  service as provided in subparagraph 7. 6. The vehicle or vessel
   78  may be towed or removed if, after a reasonable opportunity, the
   79  owner or legally authorized person in control of the vehicle or
   80  vessel is unable to pay the service fee. If the vehicle or
   81  vessel is redeemed, a detailed signed receipt must be given to
   82  the person redeeming the vehicle or vessel.
   83         4. A person may not pay or accept money or other valuable
   84  consideration for the privilege of towing or removing vehicles
   85  or vessels from a particular location.
   86         5. Except when the for property is appurtenant to and
   87  obviously a part of a single-family residence or, and except for
   88  instances when notice is personally given to the owner or other
   89  legally authorized person in control of the vehicle or vessel
   90  that the area in which that vehicle or vessel is parked is
   91  reserved or otherwise unavailable for unauthorized vehicles or
   92  vessels and that the vehicle or vessel is subject to being
   93  removed at the owner’s or operator’s expense, before towing or
   94  removing a vehicle or vessel from private property without the
   95  consent of the owner or other legally authorized person in
   96  control of that vehicle or vessel, a any property owner or
   97  lessee, or person authorized by the property owner or lessee,
   98  prior to towing or removing any vehicle or vessel from private
   99  property without the consent of the owner or other legally
  100  authorized person in control of that vehicle or vessel, must
  101  post a notice subject to meeting the following requirements:
  102         a. The notice must:
  103         (I) Be prominently placed at each driveway access or curb
  104  cut allowing vehicular access to the property, within 5 feet
  105  from the public right-of-way line. If there are no curbs or
  106  access barriers, the signs must be posted not less than one sign
  107  for each 25 feet of lot frontage.
  108         (II)b. The notice must Clearly indicate, in not less than
  109  2-inch high, light-reflective letters on a contrasting
  110  background, that unauthorized vehicles will be towed away at the
  111  owner’s expense. The words “tow-away zone” must be included on
  112  the sign in not less than 4-inch high letters.
  113         (III)c. The notice must also Provide the name and current
  114  telephone number of the person or firm towing or removing the
  115  vehicles or vessels.
  116         b.d. The sign structure containing the required notices
  117  must be permanently installed with the words “tow-away zone” at
  118  least not less than 3 feet but no and not more than 6 feet above
  119  ground level and must be continuously maintained on the property
  120  for at least not less than 24 hours before prior to the towing
  121  or removing a vehicle or vessel removal of any vehicles or
  122  vessels.
  123         e. The local government may require permitting and
  124  inspection of such these signs before prior to any towing or
  125  removing a vehicle or vessel is removal of vehicles or vessels
  126  being authorized.
  127         c.f. A business with 20 or fewer parking spaces satisfies
  128  the notice requirements of this subparagraph by prominently
  129  displaying a sign stating “Reserved Parking for Customers Only
  130  Unauthorized Vehicles or Vessels Will be Towed Away At the
  131  Owner’s Expense” in not less than 4-inch high, light-reflective
  132  letters on a contrasting background.
  133         d.g. A property owner towing or removing vessels from real
  134  property must post notice, consistent with the requirements in
  135  sub-subparagraphs a.-c. a.-f., which apply to vehicles, that
  136  unauthorized vehicles or vessels will be towed away at the
  137  owner’s expense.
  138         6. Notwithstanding subparagraph 5., a business owner or
  139  lessee may authorize the removal of a vehicle or vessel by a
  140  towing company when a the vehicle or vessel is parked in such a
  141  manner that restricts the normal operation of business; is and
  142  if a vehicle or vessel parked on a public right-of-way in a
  143  manner that obstructs access to a private driveway; or has been
  144  parked or stored on private property for a period exceeding 10
  145  days, the owner or, lessee, or agent of the owner or lessee, of
  146  the real property may have the vehicle or vessel removed by a
  147  towing company upon signing an order that the vehicle or vessel
  148  be removed without a posted tow-away zone sign.
  149         7.6. A Any person or firm that tows or removes vehicles or
  150  vessels and proposes to require an owner, operator, or person in
  151  control of a vehicle or vessel to pay the costs of towing and
  152  storage before prior to redemption of the vehicle or vessel must
  153  file and keep on record with the local law enforcement agency a
  154  complete copy of the current rates to be charged for such
  155  services and post at the storage site an identical rate schedule
  156  and any written contracts with property owners, lessees, or
  157  persons in control of property which authorize such person or
  158  firm to remove vehicles or vessels as provided in this section.
  159         8.7. A Any person or firm towing or removing any vehicles
  160  or vessels from private property without the consent of the
  161  owner or other legally authorized person in control of the
  162  vehicles or vessels shall, on any trucks, wreckers as defined in
  163  s. 713.78(1)(c), or other vehicles used in the towing or
  164  removal, have the name, address, and telephone number of the
  165  company performing such service clearly printed in contrasting
  166  colors on the driver and passenger sides of the vehicle. The
  167  name shall be in at least 3-inch, permanently affixed letters,
  168  and the address and telephone number shall be in at least 1
  169  inch, permanently affixed letters.
  170         9.8. Vehicle entry for the purpose of removing the vehicle
  171  or vessel shall be allowed with reasonable care on the part of
  172  the person or firm towing the vehicle or vessel. Such person or
  173  firm shall be liable for any damage occasioned to the vehicle or
  174  vessel if such entry is not in accordance with the standard of
  175  reasonable care.
  176         10.9. When a vehicle or vessel has been towed or removed
  177  pursuant to this section, it must be released to its owner or
  178  custodian within 1 one hour after requested. A Any vehicle or
  179  vessel owner or agent of the owner may shall have the right to
  180  inspect the vehicle or vessel before accepting its return. A,
  181  and no release or waiver of any kind which would release the
  182  person or firm towing the vehicle or vessel from liability for
  183  damages noted by the owner or other legally authorized person at
  184  the time of the redemption may not be required from a any
  185  vehicle or vessel owner or, custodian, or agent of the owner or
  186  custodian as a condition of release of the vehicle or vessel to
  187  its owner. A detailed, signed receipt showing the legal name of
  188  the company or person towing or removing the vehicle or vessel
  189  must be given to the person paying towing or storage charges at
  190  the time of payment, whether requested or not.
  191         (b) The These requirements of this subsection are minimum
  192  standards and do not preclude enactment of additional
  193  regulations by a any municipality or county including the right
  194  to regulate rates when vehicles or vessels are towed from
  195  private property.
  196         (3) This section does not apply to law enforcement,
  197  firefighting, rescue squad, ambulance, or other emergency
  198  vehicles or vessels that are marked as such or to property owned
  199  by a any governmental entity.
  200         (4) When a person improperly causes a vehicle or vessel to
  201  be removed, such person shall be liable to the owner or lessee
  202  of the vehicle or vessel for the cost of removal,
  203  transportation, and storage; any damages resulting from the
  204  removal, transportation, or storage of the vehicle or vessel;
  205  attorney attorney’s fees; and court costs.
  206         (5)(a) A Any person who violates subparagraph (2)(a)2. or
  207  subparagraph (2)(a)7. (2)(a)6. commits a misdemeanor of the
  208  first degree, punishable as provided in s. 775.082 or s.
  209  775.083.
  210         (b) A Any person who violates subparagraph (2)(a)1.,
  211  subparagraph (2)(a)3., subparagraph (2)(a)4., subparagraph
  212  (2)(a)8. (2)(a)7., or subparagraph (2)(a)10. (2)(a)9. commits a
  213  felony of the third degree, punishable as provided in s.
  214  775.082, s. 775.083, or s. 775.084.
  215         Section 2. This act shall take effect upon becoming a law.