Bill Text: FL S1008 | 2011 | Regular Session | Introduced
Bill Title: Recovering, Towing, or Storing Vehicles or Vessels
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2011-05-07 - Indefinitely postponed and withdrawn from consideration [S1008 Detail]
Download: Florida-2011-S1008-Introduced.html
Florida Senate - 2011 SB 1008 By Senator Simmons 22-00611A-11 20111008__ 1 A bill to be entitled 2 An act relating to liens for recovering, towing, or 3 storing vehicles or vessels; amending s. 713.78, F.S.; 4 defining the term “department”; revising procedures 5 for notification concerning liens for the recovery of 6 certain costs for recovering, towing, or storing a 7 vehicle or vessel; removing the authority of the 8 Department of Highway Safety and Motor Vehicles to 9 release information concerning the insurance company; 10 establishing fees for the lien notification; revising 11 requirements governing the contents of the 12 notification; revising requirements for locating and 13 notifying persons about the impending sale of an 14 unclaimed vehicle or vessel or its contents; revising 15 requirements concerning public notice of the impending 16 sale; removing duplicative provisions concerning 17 rulemaking by the department; amending s. 715.07, 18 F.S.; conforming cross-references to changes made by 19 the act; providing an effective date. 20 21 Be It Enacted by the Legislature of the State of Florida: 22 23 Section 1. Subsections (1), (4), and (6), paragraphs (b) 24 and (c) of subsection (11), paragraph (d) of subsection (12), 25 and paragraphs (a) and (g) of subsection (13) of section 713.78, 26 Florida Statutes, are amended to read: 27 713.78 Liens for recovering, towing, or storing vehicles 28 and vessels.— 29 (1) For the purposes of this section, the term: 30 (a) “Department” means the Department of Highway Safety and 31 Motor Vehicles. 32 (b)(a)“Vehicle” means any mobile item, whether motorized 33 or not, which is mounted on wheels. 34 (c)(b)“Vessel” means every description of watercraft, 35 barge, and airboat used or capable of being used as a means of 36 transportation on water, other than a seaplane or a “documented 37 vessel” as defined in s. 327.02(9). 38 (d)(c)“Wrecker” means any truck or other vehicle which is 39 used to tow, carry, or otherwise transport motor vehicles or 40 vessels upon the streets and highways of this state and which is 41 equipped for that purpose with a boom, winch, car carrier, or 42 other similar equipment. 43 (4)(a) Any person regularly engaged in the business of 44 recovering, towing, or storing vehicles or vessels who comes 45 into possession of a vehicle or vessel pursuant to subsection 46 (2), and who claims a lien for recovery, towing, or storage 47 services, shall give notice to the registered owner, the 48 insurance company insuring the vehicle notwithstanding the 49 provisions of s. 627.736, andtoall persons claiming a lien 50 thereon by submitting an application for notifications to the 51 department on a form prescribed by the department within 7 52 business days after the date of storage of the vehicle or vessel 53 and shall maintain an invoice for such services with the 54 signature of the operator who provided the service or the 55 signature of an employee of the business attesting to the 56 accuracy of the information on the invoice, as disclosed by the57records in the Department of Highway Safety and Motor Vehicles58or of a corresponding agency in any other state. 59 (b) When aWhenever anylaw enforcement agency authorizes 60 the removal of a vehicle or vessel or awhenever anytowing 61 service, garage, repair shop, or automotive service, storage, or 62 parking place notifies the law enforcement agency of possession 63 of a vehicle or vessel pursuant to s. 715.07(2)(a)2., the law 64 enforcement agency of the jurisdiction where the vehicle or 65 vessel is stored shall contact the departmentof Highway Safety66and Motor Vehicles,or the appropriate agency of the state of 67 registration, if known, within 24 hours through the medium of 68 electronic communications, giving the full description of the 69 vehicle or vessel. Upon receipt of the full description of the 70 vehicle or vessel, the department shall search its files to 71 determine the owner’s name, the insurance company insuring the 72 vehicle or vessel, and whether any person has filed a lien upon 73 the vehicle or vessel as provided in s. 319.27(2) and (3) and 74 notify the applicable law enforcement agency within 72 hours. 75 The person in charge of the towing service, garage, repair shop, 76 or automotive service, storage, or parking place shall obtain 77 such information from the applicable law enforcement agency 78 within 5 days after the date of storage and shall give notice 79 pursuant to paragraph (a).The department may release the80insurance company information to the requestor notwithstanding81the provisions of s.627.736.82 (c) Upon receipt of a valid and complete application for 83 notifications, the required notification fee of $4, and the 84 service fees required under s. 320.04, the department shall 85 notifyNotice by certified mail shall be sent within 7 business86days after the date of storage of the vehicle or vessel tothe 87 registered owner, the insurance company insuring the vehicle 88 notwithstanding the provisions of s. 627.736, and all persons of 89 record claiming a lien against the vehicle or vessel. The 90 notification must indicate the company or individual who hasIt91shall state the fact ofpossession of the vehicle or vessel, 92 that a lien as provided in subsection (2) is claimed, that 93 charges have accrued and the amount thereof, that the lien is 94 subject to enforcement pursuant to law,andthat the owner or 95 lienholder, if any, has the right to a hearing as set forth in 96 subsection (5), and that any vehicle or vessel thatwhich97 remains unclaimed, or for which the charges for recovery, 98 towing, or storage services remain unpaid, may be sold free of 99 all prior liensafter35 days after the date of the notification 100 if the vehicle or vessel is more than 3 years of age orafter50 101 days after the date of notification if the vehicle or vessel is 102 3 years of age or less. 103 (d) If the department is unableattemptsto locate the name 104 and address of the owner or lienholderprove unsuccessful, the 105 department shall notify the towing-storage operator. Upon 106 receipt of such notice, the towing-storage operator shall 107 conduct, after 7 working days, excluding Saturday and Sunday, of108the initial tow or storage, notify the public agency of109jurisdictionwhere the vehicle or vessel is stored in writing by110certified mail or acknowledged hand delivery that the towing111storage company has been unable to locate the name and address112of the owner or lienholder anda physical search of the vehicle 113 or vessel and make a good faith effort to determinehas114disclosed noownership informationand a good faith effort has115been made. The towing-storage operator shall send notice of the 116 sale by certified mail to any potential owner, lienor, or 117 insurance company discovered through the physical search and 118 good faith effort. 119 (e) As used inFor purposes of thisparagraph (d) and 120 subsection (9), the term “good faith effort” means that the 121 following checks have been performed by the company to establish 122 prior state of registration and for title: 123 1. Check of vehicle or vessel for any type of tag, tag 124 record, temporary tag, or regular tag. 125 2. Check of law enforcement report for tag number or other 126 information identifying the vehicle or vessel, if the vehicle or 127 vessel was towed at the request of a law enforcement officer. 128 3. Check of trip sheet or tow ticket of tow truck operator 129 to see if a tag was on vehicle or vessel at beginning of tow, if 130 private tow. 131 4. If there is no address of the owner on the impound 132 report, check of law enforcement report to see if an out-of 133 state address is indicated from driver license information. 134 5. Check of vehicle or vessel for inspection sticker or 135 other stickers and decals that may indicate a state of possible 136 registration. 137 6. Check of the interior of the vehicle or vessel for any 138 papers that may be in the glove box, trunk, or other areas for a 139 state of registration. 140 7. Check of vehicle for vehicle identification number. 141 8. Check of vessel for vessel registration number. 142 9. Check of vessel hull for a hull identification number 143 thatwhichshould be carved, burned, stamped, embossed, or 144 otherwise permanently affixed to the outboard side of the 145 transom or, if there is no transom, to the outmost seaboard side 146 at the end of the hull whichthatbears the rudder or other 147 steering mechanism. 148 (6) Any vehicle or vessel thatwhichis stored pursuant to 149 subsection (2) and thatwhichremains unclaimed, or for which 150 reasonable charges for recovery, towing, or storing remain 151 unpaid, and any contents not released pursuant to subsection 152 (10), may be sold by the owner or operator of the storage space 153 for such towing or storage chargeafter35 days afterfromthe 154 date notification was sent under subsection (4) thattimethe 155 vehicle or vessel is stored therein if the vehicle or vessel is 156 more than 3 years of age orafter50 days after the date that 157 such notification was sentfollowing the time the vehicle or158vessel is stored thereinif the vehicle or vessel is 3 years of 159 age or less. The sale shall be at public sale for cash.If the160date of the sale was not included in the notice required in161subsection (4), notice of the sale shall be given to the person162in whose name the vehicle or vessel is registered and to all163persons claiming a lien on the vehicle or vessel as shown on the164records of the Department of Highway Safety and Motor Vehicles165or of the corresponding agency in any other state. Notice shall166be sent by certified mail to the owner of the vehicle or vessel167and the person having the recorded lien on the vehicle or vessel168at the address shown on the records of the registering agency169and shall be mailed not less than 15 days before the date of the170sale. After diligent search and inquiry, if the name and address171of the registered owner or the owner of the recorded lien cannot172be ascertained, the requirements of notice by mail may be173dispensed with.In addition to the notice by mail, public notice 174 of the time and place of sale shall be made by publishing a 175 notice thereof one time, at least 10 days beforeprior tothe 176 date of the sale, in a newspaper of general circulation in the 177 county in which the sale is to be held. The public notice must 178 include the vehicle or vessel identification or hull number and 179 a description of the vehicle or vessel, including make, model, 180 and year of manufacture. The proceeds of the sale, after payment 181 of reasonable towing and storage charges, and costs of the sale, 182 in that order of priority, shall be deposited with the clerk of 183 the circuit court for the county where the sale was held if the 184 owner or lienholder is absent, and the clerk shall hold such 185 proceeds subject to the claim of the owner or lienholder legally 186 entitled thereto. The clerk shall be entitled to receive 5 187 percent of such proceeds for the care and disbursement thereof. 188 The certificate of title issued under this law shall be 189 discharged of all liens unless otherwise provided by court 190 order. The owner or lienholder may file a complaint after the 191 vehicle or vessel has been sold in the county court of the 192 county in which it is stored. Upon determining the respective 193 rights of the parties, the court may award damages, attorney’s 194 fees, and costs in favor of the prevailing party. 195 (11) 196 (b) The departmentof Highway Safety and Motor Vehicles197 shall charge a fee of $3 for each certificate of destruction. A 198 service charge of $4.25 shall be collected and retained by the 199 tax collector who processes the application. 200(c) The Department of Highway Safety and Motor Vehicles may201adopt such rules as it deems necessary or proper for the202administration of this subsection.203 (12) 204 (d) Employees of the departmentof Highway Safety and Motor205Vehiclesand law enforcement officers mayare authorized to206 inspect the records of any person regularly engaged in the 207 business of recovering, towing, or storing vehicles or vessels 208 or transporting vehicles or vessels by wrecker, tow truck, or 209 car carrier, to ensure compliance with the requirements of this 210 section. Any person who fails to maintain records, or fails to 211 produce records when required in a reasonable manner and at a 212 reasonable time, commits a misdemeanor of the first degree, 213 punishable as provided in s. 775.082 or s. 775.083. 214 (13)(a) Upon the department’s receiptby the department of215Highway Safety and Motor Vehiclesof written notice from a 216 wrecker operator who claims a wrecker operator’s lien under 217 paragraph (2)(c) or paragraph (2)(d) for recovery, towing, or 218 storage of an abandoned vehicle or vessel upon instructions from 219 any law enforcement agency, for which a certificate of 220 destruction has been issued under subsection (11), the 221 department shall place the name of the registered owner of that 222 vehicle or vessel on the list of those persons who may not be 223 issued a license plate or revalidation sticker for any motor 224 vehicle under s. 320.03(8). If the vehicle or vessel is owned 225 jointly by more than one person, the name of each registered 226 owner shall be placed on the list. The notice of wrecker 227 operator’s lien shall be submitted on forms provided by the 228 department, which must include: 229 1. The name, address, and telephone number of the wrecker 230 operator. 231 2. The name of the registered owner of the vehicle or 232 vessel and the address to which the wrecker operator provided 233 notice of the lien to the registered owner under subsection (4). 234 3. A general description of the vehicle or vessel, 235 including its color, make, model, body style, and year. 236 4. The vehicle identification number (VIN); registration 237 license plate number, state, and year; validation decal number, 238 state, and year; vessel registration number; hull identification 239 number; or other identification number, as applicable. 240 5. The name of the person or the corresponding law 241 enforcement agency that requested that the vehicle or vessel be 242 recovered, towed, or stored. 243 6. The amount of the wrecker operator’s lien, not to exceed 244 the amount allowed by paragraph (b). 245 (g) The departmentof Highway Safety and Motor Vehiclesmay 246 adopt rules pursuant to ss. 120.536(1) and 120.54 to implement 247 this sectionsubsection. 248 Section 2. Paragraph (a) of subsection (2) of section 249 715.07, Florida Statutes, is amended to read: 250 715.07 Vehicles or vessels parked on private property; 251 towing.— 252 (2) The owner or lessee of real property, or any person 253 authorized by the owner or lessee, which person may be the 254 designated representative of the condominium association if the 255 real property is a condominium, may cause any vehicle or vessel 256 parked on such property without her or his permission to be 257 removed by a person regularly engaged in the business of towing 258 vehicles or vessels, without liability for the costs of removal, 259 transportation, or storage or damages caused by such removal, 260 transportation, or storage, under any of the following 261 circumstances: 262 (a) The towing or removal of any vehicle or vessel from 263 private property without the consent of the registered owner or 264 other legally authorized person in control of that vehicle or 265 vessel is subject to strict compliance with the following 266 conditions and restrictions: 267 1.a. Any towed or removed vehicle or vessel must be stored 268 at a site within a 10-mile radius of the point of removal in any 269 county of 500,000 population or more, and within a 15-mile 270 radius of the point of removal in any county of less than 271 500,000 population. That site must be open for the purpose of 272 redemption of vehicles on any day that the person or firm towing 273 such vehicle or vessel is open for towing purposes, from 8:00 274 a.m. to 6:00 p.m., and, when closed, shall have prominently 275 posted a sign indicating a telephone number where the operator 276 of the site can be reached at all times. Upon receipt of a 277 telephoned request to open the site to redeem a vehicle or 278 vessel, the operator shall return to the site within 1 hour or 279 she or he will be in violation of this section. 280 b. If no towing business providing such service is located 281 within the area of towing limitations set forth in sub 282 subparagraph a., the following limitations apply: any towed or 283 removed vehicle or vessel must be stored at a site within a 20 284 mile radius of the point of removal in any county of 500,000 285 population or more, and within a 30-mile radius of the point of 286 removal in any county of less than 500,000 population. 287 2. The person or firm towing or removing the vehicle or 288 vessel shall, within 30 minutes after completion of such towing 289 or removal, notify the municipal police department or, in an 290 unincorporated area, the sheriff, of such towing or removal, the 291 storage site, the time the vehicle or vessel was towed or 292 removed, and the make, model, color, and license plate number of 293 the vehicle or description and registration number of the vessel 294 and shall obtain the name of the person at that department to 295 whom such information was reported and note that name on the 296 trip record. 297 3. A person in the process of towing or removing a vehicle 298 or vessel from the premises or parking lot in which the vehicle 299 or vessel is not lawfully parked must stop when a person seeks 300 the return of the vehicle or vessel. The vehicle or vessel must 301 be returned upon the payment of a reasonable service fee of not 302 more than one-half of the posted rate for the towing or removal 303 service as provided in subparagraph 6. The vehicle or vessel may 304 be towed or removed if, after a reasonable opportunity, the 305 owner or legally authorized person in control of the vehicle or 306 vessel is unable to pay the service fee. If the vehicle or 307 vessel is redeemed, a detailed signed receipt must be given to 308 the person redeeming the vehicle or vessel. 309 4. A person may not pay or accept money or other valuable 310 consideration for the privilege of towing or removing vehicles 311 or vessels from a particular location. 312 5. Except for property appurtenant to and obviously a part 313 of a single-family residence, and except for instances when 314 notice is personally given to the owner or other legally 315 authorized person in control of the vehicle or vessel that the 316 area in which that vehicle or vessel is parked is reserved or 317 otherwise unavailable for unauthorized vehicles or vessels and 318 that the vehicle or vessel is subject to being removed at the 319 owner’s or operator’s expense, any property owner or lessee, or 320 person authorized by the property owner or lessee, beforeprior321totowing or removing any vehicle or vessel from private 322 property without the consent of the owner or other legally 323 authorized person in control of that vehicle or vessel, must 324 post a notice meeting the following requirements: 325 a. The notice must be prominently placed at each driveway 326 access or curb cut allowing vehicular access to the property, 327 within 5 feet from the public right-of-way line. If there are no 328 curbs or access barriers, the signs must be posted not less than 329 one sign for each 25 feet of lot frontage. 330 b. The notice must clearly indicate, in not less than 2 331 inch high, light-reflective letters on a contrasting background, 332 that unauthorized vehicles will be towed away at the owner’s 333 expense. The words “tow-away zone” must be included on the sign 334 in not less than 4-inch high letters. 335 c. The notice must also provide the name and current 336 telephone number of the person or firm towing or removing the 337 vehicles or vessels. 338 d. The sign structure containing the required notices must 339 be permanently installed with the words “tow-away zone” not less 340 than 3 feet and not more than 6 feet above ground level and must 341 be continuously maintained on the property for not less than 24 342 hours beforeprior tothe towing or removal of any vehicles or 343 vessels. 344 e. The local government may require permitting and 345 inspection of these signs beforeprior toany towing or removal 346 of vehicles or vessels isbeingauthorized. 347 f. A business with 20 or fewer parking spaces satisfies the 348 notice requirements of this subparagraph by prominently 349 displaying a sign stating “Reserved Parking for Customers Only 350 Unauthorized Vehicles or Vessels Will be Towed Away At the 351 Owner’s Expense” in not less than 4-inch high, light-reflective 352 letters on a contrasting background. 353 g. A property owner towing or removing vessels from real 354 property must post notice, consistent with the requirements in 355 sub-subparagraphs a.-f., which apply to vehicles, that 356 unauthorized vehicles or vessels will be towed away at the 357 owner’s expense. 358 359 A business owner or lessee may authorize the removal of a 360 vehicle or vessel by a towing company when the vehicle or vessel 361 is parked in such a manner that restricts the normal operation 362 of business; and if a vehicle or vessel parked on a public 363 right-of-way obstructs access to a private driveway the owner, 364 lessee, or agent may have the vehicle or vessel removed by a 365 towing company upon signing an order that the vehicle or vessel 366 be removed without a posted tow-away zone sign. 367 6. Any person or firm that tows or removes vehicles or 368 vessels and proposes to require an owner, operator, or person in 369 control of a vehicle or vessel to pay the costs of towing and 370 storage beforeprior toredemption of the vehicle or vessel must 371 file and keep on record with the local law enforcement agency a 372 complete copy of the current rates to be charged for such 373 services and post at the storage site an identical rate schedule 374 and any written contracts with property owners, lessees, or 375 persons in control of property which authorize such person or 376 firm to remove vehicles or vessels as provided in this section. 377 7. Any person or firm towing or removing any vehicles or 378 vessels from private property without the consent of the owner 379 or other legally authorized person in control of the vehicles or 380 vessels shall, on any trucks, wreckers as defined in s. 381 713.78(1)s.713.78(1)(c), or other vehicles used in the towing 382 or removal, have the name, address, and telephone number of the 383 company performing such service clearly printed in contrasting 384 colors on the driver and passenger sides of the vehicle. The 385 name shall be in at least 3-inch permanently affixed letters, 386 and the address and telephone number shall be in at least 1-inch 387 permanently affixed letters. 388 8. Vehicle entry for the purpose of removing the vehicle or 389 vessel shall be allowed with reasonable care on the part of the 390 person or firm towing the vehicle or vessel. Such person or firm 391 shall be liable for any damage occasioned to the vehicle or 392 vessel if such entry is not in accordance with the standard of 393 reasonable care. 394 9. When a vehicle or vessel has been towed or removed 395 pursuant to this section, it must be released to its owner or 396 custodian within one hour after requested. Any vehicle or vessel 397 owner or agent shall have the right to inspect the vehicle or 398 vessel before accepting its return, and no release or waiver of 399 any kind which would release the person or firm towing the 400 vehicle or vessel from liability for damages noted by the owner 401 or other legally authorized person at the time of the redemption 402 may be required from any vehicle or vessel owner, custodian, or 403 agent as a condition of release of the vehicle or vessel to its 404 owner. A detailed, signed receipt showing the legal name of the 405 company or person towing or removing the vehicle or vessel must 406 be given to the person paying towing or storage charges at the 407 time of payment, whether requested or not. 408 Section 3. This act shall take effect October 1, 2011.