Bill Text: FL H0717 | 2011 | Regular Session | Introduced

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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Status: (Introduced - Dead) 2011-05-07 - Indefinitely postponed and withdrawn from consideration [H0717 Detail]

Download: Florida-2011-H0717-Introduced.html

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HB 717

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 for
5	notification concerning liens for the recovery of certain
6	costs for recovering, towing, or storing a vehicle or
7	vessel; removing the authority of the Department of
8	Highway Safety and Motor Vehicles to release information
9	concerning the insurance company; establishing fees for
10	the lien notification; revising requirements governing the
11	contents of the notification; revising requirements for
12	locating and notifying persons about the impending sale of
13	an unclaimed vehicle or vessel or its contents; revising
14	requirements concerning public notice of the impending
15	sale; removing duplicative provisions concerning
16	rulemaking by the department; amending s. 715.07, F.S.;
17	conforming cross-references to changes made by the act;
18	providing an effective date.
19
20	Be It Enacted by the Legislature of the State of Florida:
21
22	Section 1.  Subsections (1), (4), and (6), paragraphs (b)
23	and (c) of subsection (11), paragraph (d) of subsection (12),
24	and paragraphs (a) and (g) of subsection (13) of section 713.78,
25	Florida Statutes, are amended to read:
26	713.78  Liens for recovering, towing, or storing vehicles
27	and vessels.-
28	(1)  For the purposes of this section, the term:
29	(a)  "Department" means the Department of Highway Safety
30	and Motor Vehicles.
31	(b)(a)  "Vehicle" means any mobile item, whether motorized
32	or not, which is mounted on wheels.
33	(c)(b)  "Vessel" means every description of watercraft,
34	barge, and airboat used or capable of being used as a means of
35	transportation on water, other than a seaplane or a "documented
36	vessel" as defined in s. 327.02(9).
37	(d)(c)  "Wrecker" means any truck or other vehicle which is
38	used to tow, carry, or otherwise transport motor vehicles or
39	vessels upon the streets and highways of this state and which is
40	equipped for that purpose with a boom, winch, car carrier, or
41	other similar equipment.
42	(4)(a)  Any person regularly engaged in the business of
43	recovering, towing, or storing vehicles or vessels who comes
44	into possession of a vehicle or vessel pursuant to subsection
45	(2), and who claims a lien for recovery, towing, or storage
46	services, shall give notice to the registered owner, the
47	insurance company insuring the vehicle notwithstanding the
48	provisions of s. 627.736, and to all persons claiming a lien
49	thereon by submitting an application for notifications to the
50	department on a form prescribed by the department within 7
51	business days after the date of storage of the vehicle or vessel
52	and shall maintain an invoice for such services with the
53	signature of the operator who provided the service or the
54	signature of an employee of the business attesting to the
55	accuracy of the information on the invoice, as disclosed by the
56	records in the Department of Highway Safety and Motor Vehicles
57	or of a corresponding agency in any other state.
58	(b)  When a Whenever any law enforcement agency authorizes
59	the removal of a vehicle or vessel or a whenever any towing
60	service, garage, repair shop, or automotive service, storage, or
61	parking place notifies the law enforcement agency of possession
62	of a vehicle or vessel pursuant to s. 715.07(2)(a)2., the law
63	enforcement agency of the jurisdiction where the vehicle or
64	vessel is stored shall contact the department of Highway Safety
65	and Motor Vehicles, or the appropriate agency of the state of
66	registration, if known, within 24 hours through the medium of
67	electronic communications, giving the full description of the
68	vehicle or vessel. Upon receipt of the full description of the
69	vehicle or vessel, the department shall search its files to
70	determine the owner's name, the insurance company insuring the
71	vehicle or vessel, and whether any person has filed a lien upon
72	the vehicle or vessel as provided in s. 319.27(2) and (3) and
73	notify the applicable law enforcement agency within 72 hours.
74	The person in charge of the towing service, garage, repair shop,
75	or automotive service, storage, or parking place shall obtain
76	such information from the applicable law enforcement agency
77	within 5 days after the date of storage and shall give notice
78	pursuant to paragraph (a). The department may release the
79	insurance company information to the requestor notwithstanding
80	the provisions of s. 627.736.
81	(c)  Upon receipt of a valid and complete application for
82	notifications, the required notification fee of $4, and the
83	service fees required under s. 320.04, the department shall
84	notify Notice by certified mail shall be sent within 7 business
85	days after the date of storage of the vehicle or vessel to the
86	registered owner, the insurance company insuring the vehicle
87	notwithstanding the provisions of s. 627.736, and all persons of
88	record claiming a lien against the vehicle or vessel. The
89	notification must indicate the company or individual who has It
90	shall state the fact of possession of the vehicle or vessel,
91	that a lien as provided in subsection (2) is claimed, that
92	charges have accrued and the amount thereof, that the lien is
93	subject to enforcement pursuant to law, and that the owner or
94	lienholder, if any, has the right to a hearing as set forth in
95	subsection (5), and that any vehicle or vessel that which
96	remains unclaimed, or for which the charges for recovery,
97	towing, or storage services remain unpaid, may be sold free of
98	all prior liens after 35 days after the date of the notification
99	if the vehicle or vessel is more than 3 years of age or after 50
100	days after the date of notification if the vehicle or vessel is
101	3 years of age or less.
102	(d)  If the department is unable attempts to locate the
103	name and address of the owner or lienholder prove unsuccessful,
104	the department shall notify the towing-storage operator. Upon
105	receipt of such notice, the towing-storage operator shall
106	conduct, after 7 working days, excluding Saturday and Sunday, of
107	the initial tow or storage, notify the public agency of
108	jurisdiction where the vehicle or vessel is stored in writing by
109	certified mail or acknowledged hand delivery that the towing-
110	storage company has been unable to locate the name and address
111	of the owner or lienholder and a physical search of the vehicle
112	or vessel and make a good faith effort to determine has
113	disclosed no ownership information and a good faith effort has
114	been made. The towing-storage operator shall send notice of the
115	sale by certified mail to any potential owner, lienor, or
116	insurance company discovered through the physical search and
117	good faith effort.
118	(e)  As used in For purposes of this paragraph (d) and
119	subsection (9), the term "good faith effort" means that the
120	following checks have been performed by the company to establish
121	prior state of registration and for title:
122	1.  Check of vehicle or vessel for any type of tag, tag
123	record, temporary tag, or regular tag.
124	2.  Check of law enforcement report for tag number or other
125	information identifying the vehicle or vessel, if the vehicle or
126	vessel was towed at the request of a law enforcement officer.
127	3.  Check of trip sheet or tow ticket of tow truck operator
128	to see if a tag was on vehicle or vessel at beginning of tow, if
129	private tow.
130	4.  If there is no address of the owner on the impound
131	report, check of law enforcement report to see if an out-of-
132	state address is indicated from driver license information.
133	5.  Check of vehicle or vessel for inspection sticker or
134	other stickers and decals that may indicate a state of possible
135	registration.
136	6.  Check of the interior of the vehicle or vessel for any
137	papers that may be in the glove box, trunk, or other areas for a
138	state of registration.
139	7.  Check of vehicle for vehicle identification number.
140	8.  Check of vessel for vessel registration number.
141	9.  Check of vessel hull for a hull identification number
142	that which should be carved, burned, stamped, embossed, or
143	otherwise permanently affixed to the outboard side of the
144	transom or, if there is no transom, to the outmost seaboard side
145	at the end of the hull which that bears the rudder or other
146	steering mechanism.
147	(6)  Any vehicle or vessel that which is stored pursuant to
148	subsection (2) and that which remains unclaimed, or for which
149	reasonable charges for recovery, towing, or storing remain
150	unpaid, and any contents not released pursuant to subsection
151	(10), may be sold by the owner or operator of the storage space
152	for such towing or storage charge after 35 days after from the
153	date notification was sent under subsection (4) that time the
154	vehicle or vessel is stored therein if the vehicle or vessel is
155	more than 3 years of age or after 50 days after the date that
156	such notification was sent following the time the vehicle or
157	vessel is stored therein if the vehicle or vessel is 3 years of
158	age or less. The sale shall be at public sale for cash. If the
159	date of the sale was not included in the notice required in
160	subsection (4), notice of the sale shall be given to the person
161	in whose name the vehicle or vessel is registered and to all
162	persons claiming a lien on the vehicle or vessel as shown on the
163	records of the Department of Highway Safety and Motor Vehicles
164	or of the corresponding agency in any other state. Notice shall
165	be sent by certified mail to the owner of the vehicle or vessel
166	and the person having the recorded lien on the vehicle or vessel
167	at the address shown on the records of the registering agency
168	and shall be mailed not less than 15 days before the date of the
169	sale. After diligent search and inquiry, if the name and address
170	of the registered owner or the owner of the recorded lien cannot
171	be ascertained, the requirements of notice by mail may be
172	dispensed with. In addition to the notice by mail, public notice
173	of the time and place of sale shall be made by publishing a
174	notice thereof one time, at least 10 days before prior to the
175	date of the sale, in a newspaper of general circulation in the
176	county in which the sale is to be held. The public notice must
177	include the vehicle or vessel identification or hull number and
178	a description of the vehicle or vessel, including make, model,
179	and year of manufacture. The proceeds of the sale, after payment
180	of reasonable towing and storage charges, and costs of the sale,
181	in that order of priority, shall be deposited with the clerk of
182	the circuit court for the county where the sale was held if the
183	owner or lienholder is absent, and the clerk shall hold such
184	proceeds subject to the claim of the owner or lienholder legally
185	entitled thereto. The clerk shall be entitled to receive 5
186	percent of such proceeds for the care and disbursement thereof.
187	The certificate of title issued under this law shall be
188	discharged of all liens unless otherwise provided by court
189	order. The owner or lienholder may file a complaint after the
190	vehicle or vessel has been sold in the county court of the
191	county in which it is stored. Upon determining the respective
192	rights of the parties, the court may award damages, attorney's
193	fees, and costs in favor of the prevailing party.
194	(11)
195	(b)  The department of Highway Safety and Motor Vehicles
196	shall charge a fee of $3 for each certificate of destruction. A
197	service charge of $4.25 shall be collected and retained by the
198	tax collector who processes the application.
199	(c)  The Department of Highway Safety and Motor Vehicles
200	may adopt such rules as it deems necessary or proper for the
201	administration of this subsection.
202	(12)
203	(d)  Employees of the department of Highway Safety and
204	Motor Vehicles and law enforcement officers may are authorized
205	to inspect the records of any person regularly engaged in the
206	business of recovering, towing, or storing vehicles or vessels
207	or transporting vehicles or vessels by wrecker, tow truck, or
208	car carrier, to ensure compliance with the requirements of this
209	section. Any person who fails to maintain records, or fails to
210	produce records when required in a reasonable manner and at a
211	reasonable time, commits a misdemeanor of the first degree,
212	punishable as provided in s. 775.082 or s. 775.083.
213	(13)(a)  Upon the department's receipt by the department of
214	Highway Safety and Motor Vehicles of written notice from a
215	wrecker operator who claims a wrecker operator's lien under
216	paragraph (2)(c) or paragraph (2)(d) for recovery, towing, or
217	storage of an abandoned vehicle or vessel upon instructions from
218	any law enforcement agency, for which a certificate of
219	destruction has been issued under subsection (11), the
220	department shall place the name of the registered owner of that
221	vehicle or vessel on the list of those persons who may not be
222	issued a license plate or revalidation sticker for any motor
223	vehicle under s. 320.03(8). If the vehicle or vessel is owned
224	jointly by more than one person, the name of each registered
225	owner shall be placed on the list. The notice of wrecker
226	operator's lien shall be submitted on forms provided by the
227	department, which must include:
228	1.  The name, address, and telephone number of the wrecker
229	operator.
230	2.  The name of the registered owner of the vehicle or
231	vessel and the address to which the wrecker operator provided
232	notice of the lien to the registered owner under subsection (4).
233	3.  A general description of the vehicle or vessel,
234	including its color, make, model, body style, and year.
235	4.  The vehicle identification number (VIN); registration
236	license plate number, state, and year; validation decal number,
237	state, and year; vessel registration number; hull identification
238	number; or other identification number, as applicable.
239	5.  The name of the person or the corresponding law
240	enforcement agency that requested that the vehicle or vessel be
241	recovered, towed, or stored.
242	6.  The amount of the wrecker operator's lien, not to
243	exceed the amount allowed by paragraph (b).
244	(g)  The department of Highway Safety and Motor Vehicles
245	may adopt rules pursuant to ss. 120.536(1) and 120.54 to
246	implement this section subsection.
247	Section 2.  Paragraph (a) of subsection (2) of section
248	715.07, Florida Statutes, is amended to read:
249	715.07  Vehicles or vessels parked on private property;
250	towing.-
251	(2)  The owner or lessee of real property, or any person
252	authorized by the owner or lessee, which person may be the
253	designated representative of the condominium association if the
254	real property is a condominium, may cause any vehicle or vessel
255	parked on such property without her or his permission to be
256	removed by a person regularly engaged in the business of towing
257	vehicles or vessels, without liability for the costs of removal,
258	transportation, or storage or damages caused by such removal,
259	transportation, or storage, under any of the following
260	circumstances:
261	(a)  The towing or removal of any vehicle or vessel from
262	private property without the consent of the registered owner or
263	other legally authorized person in control of that vehicle or
264	vessel is subject to strict compliance with the following
265	conditions and restrictions:
266	1.a.  Any towed or removed vehicle or vessel must be stored
267	at a site within a 10-mile radius of the point of removal in any
268	county of 500,000 population or more, and within a 15-mile
269	radius of the point of removal in any county of less than
270	500,000 population. That site must be open for the purpose of
271	redemption of vehicles on any day that the person or firm towing
272	such vehicle or vessel is open for towing purposes, from 8:00
273	a.m. to 6:00 p.m., and, when closed, shall have prominently
274	posted a sign indicating a telephone number where the operator
275	of the site can be reached at all times. Upon receipt of a
276	telephoned request to open the site to redeem a vehicle or
277	vessel, the operator shall return to the site within 1 hour or
278	she or he will be in violation of this section.
279	b.  If no towing business providing such service is located
280	within the area of towing limitations set forth in sub-
281	subparagraph a., the following limitations apply: any towed or
282	removed vehicle or vessel must be stored at a site within a 20-
283	mile radius of the point of removal in any county of 500,000
284	population or more, and within a 30-mile radius of the point of
285	removal in any county of less than 500,000 population.
286	2.  The person or firm towing or removing the vehicle or
287	vessel shall, within 30 minutes after completion of such towing
288	or removal, notify the municipal police department or, in an
289	unincorporated area, the sheriff, of such towing or removal, the
290	storage site, the time the vehicle or vessel was towed or
291	removed, and the make, model, color, and license plate number of
292	the vehicle or description and registration number of the vessel
293	and shall obtain the name of the person at that department to
294	whom such information was reported and note that name on the
295	trip record.
296	3.  A person in the process of towing or removing a vehicle
297	or vessel from the premises or parking lot in which the vehicle
298	or vessel is not lawfully parked must stop when a person seeks
299	the return of the vehicle or vessel. The vehicle or vessel must
300	be returned upon the payment of a reasonable service fee of not
301	more than one-half of the posted rate for the towing or removal
302	service as provided in subparagraph 6. The vehicle or vessel may
303	be towed or removed if, after a reasonable opportunity, the
304	owner or legally authorized person in control of the vehicle or
305	vessel is unable to pay the service fee. If the vehicle or
306	vessel is redeemed, a detailed signed receipt must be given to
307	the person redeeming the vehicle or vessel.
308	4.  A person may not pay or accept money or other valuable
309	consideration for the privilege of towing or removing vehicles
310	or vessels from a particular location.
311	5.  Except for property appurtenant to and obviously a part
312	of a single-family residence, and except for instances when
313	notice is personally given to the owner or other legally
314	authorized person in control of the vehicle or vessel that the
315	area in which that vehicle or vessel is parked is reserved or
316	otherwise unavailable for unauthorized vehicles or vessels and
317	that the vehicle or vessel is subject to being removed at the
318	owner's or operator's expense, any property owner or lessee, or
319	person authorized by the property owner or lessee, before prior
320	to towing or removing any vehicle or vessel from private
321	property without the consent of the owner or other legally
322	authorized person in control of that vehicle or vessel, must
323	post a notice meeting the following requirements:
324	a.  The notice must be prominently placed at each driveway
325	access or curb cut allowing vehicular access to the property,
326	within 5 feet from the public right-of-way line. If there are no
327	curbs or access barriers, the signs must be posted not less than
328	one sign for each 25 feet of lot frontage.
329	b.  The notice must clearly indicate, in not less than 2-
330	inch high, light-reflective letters on a contrasting background,
331	that unauthorized vehicles will be towed away at the owner's
332	expense. The words "tow-away zone" must be included on the sign
333	in not less than 4-inch high letters.
334	c.  The notice must also provide the name and current
335	telephone number of the person or firm towing or removing the
336	vehicles or vessels.
337	d.  The sign structure containing the required notices must
338	be permanently installed with the words "tow-away zone" not less
339	than 3 feet and not more than 6 feet above ground level and must
340	be continuously maintained on the property for not less than 24
341	hours before prior to the towing or removal of any vehicles or
342	vessels.
343	e.  The local government may require permitting and
344	inspection of these signs before prior to any towing or removal
345	of vehicles or vessels is being authorized.
346	f.  A business with 20 or fewer parking spaces satisfies
347	the notice requirements of this subparagraph by prominently
348	displaying a sign stating "Reserved Parking for Customers Only
349	Unauthorized Vehicles or Vessels Will be Towed Away At the
350	Owner's Expense" in not less than 4-inch high, light-reflective
351	letters on a contrasting background.
352	g.  A property owner towing or removing vessels from real
353	property must post notice, consistent with the requirements in
354	sub-subparagraphs a.-f., which apply to vehicles, that
355	unauthorized vehicles or vessels will be towed away at the
356	owner's expense.
357
358	A business owner or lessee may authorize the removal of a
359	vehicle or vessel by a towing company when the vehicle or vessel
360	is parked in such a manner that restricts the normal operation
361	of business; and if a vehicle or vessel parked on a public
362	right-of-way obstructs access to a private driveway the owner,
363	lessee, or agent may have the vehicle or vessel removed by a
364	towing company upon signing an order that the vehicle or vessel
365	be removed without a posted tow-away zone sign.
366	6.  Any person or firm that tows or removes vehicles or
367	vessels and proposes to require an owner, operator, or person in
368	control of a vehicle or vessel to pay the costs of towing and
369	storage before prior to redemption of the vehicle or vessel must
370	file and keep on record with the local law enforcement agency a
371	complete copy of the current rates to be charged for such
372	services and post at the storage site an identical rate schedule
373	and any written contracts with property owners, lessees, or
374	persons in control of property which authorize such person or
375	firm to remove vehicles or vessels as provided in this section.
376	7.  Any person or firm towing or removing any vehicles or
377	vessels from private property without the consent of the owner
378	or other legally authorized person in control of the vehicles or
379	vessels shall, on any trucks, wreckers as defined in s.
380	713.78(1) s. 713.78(1)(c), or other vehicles used in the towing
381	or removal, have the name, address, and telephone number of the
382	company performing such service clearly printed in contrasting
383	colors on the driver and passenger sides of the vehicle. The
384	name shall be in at least 3-inch permanently affixed letters,
385	and the address and telephone number shall be in at least 1-inch
386	permanently affixed letters.
387	8.  Vehicle entry for the purpose of removing the vehicle
388	or vessel shall be allowed with reasonable care on the part of
389	the person or firm towing the vehicle or vessel. Such person or
390	firm shall be liable for any damage occasioned to the vehicle or
391	vessel if such entry is not in accordance with the standard of
392	reasonable care.
393	9.  When a vehicle or vessel has been towed or removed
394	pursuant to this section, it must be released to its owner or
395	custodian within one hour after requested. Any vehicle or vessel
396	owner or agent shall have the right to inspect the vehicle or
397	vessel before accepting its return, and no release or waiver of
398	any kind which would release the person or firm towing the
399	vehicle or vessel from liability for damages noted by the owner
400	or other legally authorized person at the time of the redemption
401	may be required from any vehicle or vessel owner, custodian, or
402	agent as a condition of release of the vehicle or vessel to its
403	owner. A detailed, signed receipt showing the legal name of the
404	company or person towing or removing the vehicle or vessel must
405	be given to the person paying towing or storage charges at the
406	time of payment, whether requested or not.
407	Section 3.  This act shall take effect October 1, 2011.

CODING: Words stricken are deletions; words underlined are additions.