Bill Text: FL S0760 | 2023 | Regular Session | Comm Sub

NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Towing and Storage

Spectrum: Slight Partisan Bill (? 2-1)

Status: (Introduced - Dead) 2023-05-05 - Died on Calendar [S0760 Detail]

Download: Florida-2023-S0760-Comm_Sub.html
       Florida Senate - 2023                              CS for SB 760
       
       
        
       By the Committee on Transportation; and Senator Perry
       
       
       
       
       
       596-02772-23                                           2023760c1
    1                        A bill to be entitled                      
    2         An act relating to wrecker and towing-storage
    3         operators; amending s. 321.051, F.S.; prohibiting the
    4         Division of the Florida Highway Patrol from excluding
    5         wrecker operators from the wrecker operator system or
    6         from being designated as an authorized wrecker
    7         operator based solely on a prior felony conviction;
    8         providing an exception; amending s. 713.78, F.S.;
    9         defining the term “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; requiring a towing-storage operator
   13         to accept specified payment methods; removing certain
   14         requirements for law enforcement agencies and the
   15         Department of Highway Safety and Motor Vehicles;
   16         revising the timeframe in which certain unclaimed
   17         vehicles or vessels may be sold; specifying that a
   18         vehicle is considered a motor vehicle for certain
   19         purposes; revising the timeframe in which a notice of
   20         lien must be sent for certain unclaimed vehicles or
   21         vessels; revising the timeframe in which a towing
   22         storage operator must provide certain notice to the
   23         public agency of jurisdiction; requiring that such
   24         notice be sent by certified mail; requiring the
   25         posting of a bond or other security be done in a
   26         specified manner; revising the timeframe in which
   27         public notice of the sale of a vehicle or vessel must
   28         be published; restricting the imposition of storage
   29         charges under certain circumstances; revising
   30         provisions regarding permission to inspect vehicle or
   31         vessel; providing means by which a rental car company
   32         may appoint its agent; providing when a vehicle must
   33         be made available for inspection; requiring a towing
   34         storage operator to maintain certain records for a
   35         specified period of time; providing the exclusive
   36         remedy for certain liens; conforming cross-references;
   37         making technical changes; amending s. 559.917, F.S.;
   38         providing procedures and requirements for acquiring a
   39         bond to release certain liens; providing definitions;
   40         amending ss. 83.19, 83.805, 677.210, and 715.07 F.S.;
   41         conforming provisions to changes made by the act;
   42         amending s. 715.07, F.S.; conforming a cross
   43         reference; providing an effective date.
   44          
   45  Be It Enacted by the Legislature of the State of Florida:
   46  
   47         Section 1. Subsection (5) is added to section 321.051,
   48  Florida Statutes, to read:
   49         321.051 Florida Highway Patrol wrecker operator system;
   50  penalties for operation outside of system.—
   51         (5)The Division of the Florida Highway Patrol may not
   52  exclude a wrecker operator from the wrecker operator system or
   53  fail to designate him or her as an authorized wrecker operator
   54  based solely on a prior felony conviction, unless such
   55  conviction is for a forcible felony as defined in s. 776.08.
   56         Section 2. Subsections (1), (2), (4), (5), (6), (9), and
   57  (10), paragraph (a) of subsection (11), paragraph (a) of
   58  subsection (12), and paragraphs (a), (b), and (d) of subsection
   59  (13) of section 713.78, Florida Statutes, are amended, and
   60  subsections (18) and (19) are added to that section, to read:
   61         713.78 Liens for recovering, towing, or storing vehicles
   62  and vessels.—
   63         (1) For the purposes of this section, the term:
   64         (d)(a) “Vehicle” means any mobile item, whether motorized
   65  or not, which is mounted on wheels.
   66         (e)(b) “Vessel” means every description of watercraft,
   67  barge, and airboat used or capable of being used as a means of
   68  transportation on water, other than a seaplane or a “documented
   69  vessel” as defined in s. 327.02.
   70         (c)“Towing-storage operator” means a person who regularly
   71  engages in the business of transporting vehicles or vessels by
   72  wrecker, tow truck, or car carrier.
   73         (f)(c) “Wrecker” means any truck or other vehicle that
   74  which is used to tow, carry, or otherwise transport motor
   75  vehicles or vessels upon the streets and highways of this state
   76  and which is equipped for that purpose with a boom, winch, car
   77  carrier, or other similar equipment.
   78         (b)(d) “National Motor Vehicle Title Information System”
   79  means the federally authorized electronic National Motor Vehicle
   80  Title Information System.
   81         (a)(e) “Equivalent commercially available system” means a
   82  service that charges a fee to provide vehicle information and
   83  that at a minimum maintains records from those states
   84  participating in data sharing with the National Motor Vehicle
   85  Title Information System.
   86         (2)(a)Whenever A towing-storage operator may charge only
   87  the following fees for, or incidental to, the recovery, removal,
   88  or storage of a vehicle or vessel:
   89         1.A reasonable hazardous waste fee.
   90         2.A reasonable fee for a service authorized by ordinance
   91  of the county or municipality in which the service is performed.
   92         3.A reasonable fee for service authorized by rule of the
   93  Department of Highway Safety and Motor Vehicles.
   94         4.A lien release administrative fee as set forth in
   95  paragraph (15)(a).
   96         5.A reasonable administrative fee or charge imposed upon
   97  the owner of a vehicle or vessel by a county or municipality.
   98         (b)If a towing-storage operator person regularly engaged
   99  in the business of transporting vehicles or vessels by wrecker,
  100  tow truck, or car carrier recovers, removes, or stores a vehicle
  101  or vessel upon instructions from:
  102         1.(a) The owner thereof;
  103         2.(b) The owner or lessor, or a person authorized by the
  104  owner or lessor, of property on which such vehicle or vessel is
  105  wrongfully parked, and the removal is done in compliance with s.
  106  715.07;
  107         3.(c) The landlord or a person authorized by the landlord,
  108  when such motor vehicle or vessel remained on the premises after
  109  the tenancy terminated and the removal is done in compliance
  110  with s. 83.806 or s. 715.104; or
  111         4.(d) Any law enforcement agency,
  112  
  113  she or he has shall have a lien on the vehicle or vessel for a
  114  reasonable recovery fee, a reasonable towing fee, for a
  115  reasonable administrative fee or charge imposed by a county or
  116  municipality, and for a reasonable storage fee; except that a
  117  storage fee may not be charged if the vehicle or vessel is
  118  stored for fewer than 6 hours.
  119         (c)A towing-storage operator must accept credit cards,
  120  debit cards, or electronic payment methods.
  121         (4)(a) A towing-storage operator person regularly engaged
  122  in the business of recovering, towing, or storing vehicles or
  123  vessels who comes into possession of a vehicle or vessel
  124  pursuant to paragraph (2)(b) subsection (2), and who claims a
  125  lien for recovery, towing, or storage services, must shall give
  126  notice, by certified mail, to the registered owner, the
  127  insurance company insuring the vehicle notwithstanding s.
  128  627.736, and all persons claiming a lien thereon, as disclosed
  129  by the records in the Department of Highway Safety and Motor
  130  Vehicles or as disclosed by the records of any corresponding
  131  agency in any other state in which the vehicle is identified
  132  through a records check of the National Motor Vehicle Title
  133  Information System or an equivalent commercially available
  134  system as being titled or registered.
  135         (b)Whenever a law enforcement agency authorizes the
  136  removal of a vehicle or vessel or whenever a towing service,
  137  garage, repair shop, or automotive service, storage, or parking
  138  place notifies the law enforcement agency of possession of a
  139  vehicle or vessel pursuant to s. 715.07(2)(a)2., the law
  140  enforcement agency of the jurisdiction where the vehicle or
  141  vessel is stored shall contact the Department of Highway Safety
  142  and Motor Vehicles, or the appropriate agency of the state of
  143  registration, if known, within 24 hours through the medium of
  144  electronic communications, giving the full description of the
  145  vehicle or vessel. Upon receipt of the full description of the
  146  vehicle or vessel, the department shall search its files to
  147  determine the owner’s name, the insurance company insuring the
  148  vehicle or vessel, and whether any person has filed a lien upon
  149  the vehicle or vessel as provided in s. 319.27(2) and (3) and
  150  notify the applicable law enforcement agency within 72 hours.
  151  The person in charge of the towing service, garage, repair shop,
  152  or automotive service, storage, or parking place shall obtain
  153  such information from the applicable law enforcement agency
  154  within 5 days after the date of storage and shall give notice
  155  pursuant to paragraph (a). The department may release the
  156  insurance company information to the requestor notwithstanding
  157  s. 627.736.
  158         (b)(c) The notice of lien must be sent by certified mail to
  159  the registered owner, the insurance company insuring the vehicle
  160  notwithstanding s. 627.736, and all other persons claiming a
  161  lien thereon within 3 7 business days, excluding Saturday and
  162  Sunday, after the date of storage of the vehicle or vessel.
  163  However, in no event shall the notice of lien be sent less than
  164  30 days before the sale of the vehicle or vessel. The notice
  165  must state:
  166         1. If the claim of lien is for a vehicle, the last 8 digits
  167  of the vehicle identification number of the vehicle subject to
  168  the lien, or, if the claim of lien is for a vessel, the hull
  169  identification number of the vessel subject to the lien, clearly
  170  printed in the delivery address box and on the outside of the
  171  envelope sent to the registered owner and all other persons
  172  claiming an interest in therein or lien on the vehicle or vessel
  173  thereon.
  174         2. The name, physical address, and telephone number of the
  175  lienor, and the entity name, as registered with the Division of
  176  Corporations, of the business where the towing and storage
  177  occurred, which must also appear on the outside of the envelope
  178  sent to the registered owner and all other persons claiming an
  179  interest in or lien on the vehicle or vessel.
  180         3. The fact of possession of the vehicle or vessel.
  181         4. The name of the person or entity that authorized the
  182  lienor to take possession of the vehicle or vessel.
  183         5. That a lien as provided in paragraph (2)(b) subsection
  184  (2) is claimed.
  185         6. That charges have accrued and include an itemized
  186  statement of the amount thereof.
  187         7. That the lien is subject to enforcement under law and
  188  that the owner or lienholder, if any, has the right to a hearing
  189  as set forth in subsection (5).
  190         8. That any vehicle or vessel that remains unclaimed, or
  191  for which the charges for recovery, towing, or storage services
  192  remain unpaid, may be sold free of all prior liens 35 days after
  193  the vehicle or vessel is stored by the lienor if the vehicle or
  194  vessel is more than 3 years of age or 65 50 days after the
  195  vehicle or vessel is stored by the lienor if the vehicle or
  196  vessel is 3 years of age or less.
  197         9. The address at which the vehicle or vessel is physically
  198  located.
  199         (c)(d) The notice of lien may not be sent to the registered
  200  owner, the insurance company insuring the vehicle or vessel, and
  201  all other persons claiming a lien thereon less than 30 days
  202  before the sale of a the vehicle or vessel that is more than 3
  203  years of age or less than 60 days before the sale of a vehicle
  204  or vessel that is 3 years of age or less.
  205         (d)(e) If attempts to locate the name and address of the
  206  owner or lienholder prove unsuccessful, the towing-storage
  207  operator shall, after 3 7 business days, excluding Saturday and
  208  Sunday, after the initial tow or storage, notify the public
  209  agency of jurisdiction where the vehicle or vessel is stored in
  210  writing by certified mail or acknowledged hand delivery that the
  211  towing-storage company has been unable to locate the name and
  212  address of the owner or lienholder and a physical search of the
  213  vehicle or vessel has disclosed no ownership information and a
  214  good faith effort has been made, including records checks of the
  215  Department of Highway Safety and Motor Vehicles database and the
  216  National Motor Vehicle Title Information System or an equivalent
  217  commercially available system. For purposes of this paragraph
  218  and subsection (9), the term “good faith effort” means that the
  219  following checks have been performed by the company to establish
  220  the prior state of registration and for title:
  221         1. A check of the department’s database for the owner and
  222  any lienholder.
  223         2. A check of the electronic National Motor Vehicle Title
  224  Information System or an equivalent commercially available
  225  system to determine the state of registration when there is not
  226  a current registration record for the vehicle or vessel on file
  227  with the department.
  228         3. A check of the vehicle or vessel for any type of tag,
  229  tag record, temporary tag, or regular tag.
  230         4. A check of the law enforcement report for a tag number
  231  or other information identifying the vehicle or vessel, if the
  232  vehicle or vessel was towed at the request of a law enforcement
  233  officer.
  234         5. A check of the trip sheet or tow ticket of the tow truck
  235  operator to determine whether a tag was on the vehicle or vessel
  236  at the beginning of the tow, if a private tow.
  237         6. If there is no address of the owner on the impound
  238  report, a check of the law enforcement report to determine
  239  whether an out-of-state address is indicated from driver license
  240  information.
  241         7. A check of the vehicle or vessel for an inspection
  242  sticker or other stickers and decals that may indicate a state
  243  of possible registration.
  244         8. A check of the interior of the vehicle or vessel for any
  245  papers that may be in the glove box, trunk, or other areas for a
  246  state of registration.
  247         9. A check of the vehicle for a vehicle identification
  248  number.
  249         10. A check of the vessel for a vessel registration number.
  250         11. A check of the vessel hull for a hull identification
  251  number which should be carved, burned, stamped, embossed, or
  252  otherwise permanently affixed to the outboard side of the
  253  transom or, if there is no transom, to the outmost seaboard side
  254  at the end of the hull that bears the rudder or other steering
  255  mechanism.
  256         (5)(a) The owner of a vehicle or vessel removed pursuant to
  257  paragraph (2)(b) subsection (2), or any person claiming a lien,
  258  other than the towing-storage operator, within 10 days after the
  259  time she or he has knowledge of the location of the vehicle or
  260  vessel, may file a complaint in the county court of the county
  261  in which the vehicle or vessel is stored to determine whether
  262  her or his property was wrongfully taken or withheld.
  263         (b) Regardless of whether a complaint is filed pursuant to
  264  paragraph (a), At any time before the sale of the vehicle or
  265  vessel, an owner or lienholder may have her or his vehicle or
  266  vessel released upon payment of the applicable fee in s. 28.24
  267  and posting with the court a cash or surety bond, or other
  268  adequate security, in accordance with s. 559.917 equal to the
  269  amount of the charges for towing or storage and lot rental
  270  amount to ensure the payment of such charges in the event she or
  271  he does not prevail. A vehicle under this paragraph is
  272  considered a motor vehicle for the purposes of s. 559.917 Upon
  273  the posting of the bond and the payment of the applicable fee
  274  set forth in s. 28.24, the clerk of the court shall issue a
  275  certificate notifying the lienor of the posting of the bond and
  276  directing the lienor to release the vehicle or vessel. At the
  277  time of such release, after reasonable inspection, she or he
  278  shall give a receipt to the towing-storage company reciting any
  279  claims she or he has for loss or damage to the vehicle or vessel
  280  or the contents thereof.
  281         (c) Upon determining the respective rights of the parties,
  282  the court may award damages, attorney attorney’s fees, and costs
  283  in favor of the prevailing party. In the event the lienor
  284  prevails In any event, the final order must shall provide for
  285  immediate payment in full of recovery, towing, and storage fees
  286  by the vehicle or vessel owner or lienholder; or the agency
  287  ordering the tow; or the owner, lessee, or agent thereof of the
  288  property from which the vehicle or vessel was removed.
  289         (6) A vehicle or vessel that is stored pursuant to
  290  paragraph (2)(b) subsection (2) and remains unclaimed, or for
  291  which reasonable charges for recovery, towing, or storing remain
  292  unpaid, and any contents not released pursuant to subsection
  293  (10), may be sold by the owner or operator of the storage space
  294  for such towing or storage charge 35 days after the vehicle or
  295  vessel is stored by the lienor if the vehicle or vessel is more
  296  than 3 years of age or 65 50 days after the vehicle or vessel is
  297  stored by the lienor if the vehicle or vessel is 3 years of age
  298  or less. The sale must shall be at public sale for cash. If the
  299  date of the sale was not included in the notice required in
  300  subsection (4), notice of the sale must shall be given to the
  301  person in whose name the vehicle or vessel is registered and to
  302  all persons claiming a lien on the vehicle or vessel as shown on
  303  the records of the Department of Highway Safety and Motor
  304  Vehicles or of any corresponding agency in any other state in
  305  which the vehicle is identified through a records check of the
  306  National Motor Vehicle Title Information System or an equivalent
  307  commercially available system as being titled. Notice of the
  308  sale must be sent by certified mail to the owner of the vehicle
  309  or vessel and the person having the recorded lien on the vehicle
  310  or vessel at the address shown on the records of the registering
  311  agency at least 30 days before the sale of the vehicle or
  312  vessel. The notice must have clearly identified and printed, if
  313  the claim of lien is for a motor vehicle, The last 8 digits of
  314  the vehicle identification number of the motor vehicle subject
  315  to the lien, or, if the claim of lien is for a vessel, the hull
  316  identification number of the vessel subject to the lien, must be
  317  clearly identified and printed in the delivery address box and
  318  on the outside of the envelope sent to the registered owner and
  319  all other persons claiming an interest in therein or lien on the
  320  vehicle or vessel thereon. The notice must be sent to the owner
  321  of the vehicle or vessel and the person having the recorded lien
  322  on the vehicle or vessel at the address shown on the records of
  323  the registering agency at least 30 days before the sale of the
  324  vehicle or vessel. The notice must state the name, physical
  325  address, and telephone number of the lienor, and the vehicle
  326  identification number if the claim of lien is for a vehicle or
  327  the hull identification number if the claim of lien is for a
  328  vessel, all of which must also appear in the return address
  329  section on the outside of the envelope containing the notice of
  330  sale. After diligent search and inquiry, if the name and address
  331  of the registered owner or the owner of the recorded lien cannot
  332  be ascertained, the requirements of notice by mail may be
  333  dispensed with. In addition to the notice by mail, public notice
  334  of the time and place of sale must shall be made by publishing a
  335  notice thereof one time, at least 30 10 days before the date of
  336  the sale, in a newspaper of general circulation in the county in
  337  which the sale is to be held. The proceeds of the sale, after
  338  payment of reasonable towing and storage charges, and costs of
  339  the sale, in that order of priority, must shall be deposited
  340  with the clerk of the circuit court for the county if the owner
  341  or lienholder is absent, and the clerk shall hold such proceeds
  342  subject to the claim of the owner or lienholder legally entitled
  343  thereto. The clerk is shall be entitled to receive 5 percent of
  344  such proceeds for the care and disbursement thereof. The
  345  certificate of title issued under this law shall be discharged
  346  of All liens Upon compliance by the towing-storage operator with
  347  this section, all liens on the certificate of title issued under
  348  this section must be discharged unless otherwise provided by
  349  court order. The owner or lienholder may file a complaint after
  350  the vehicle or vessel has been sold in the county court of the
  351  county in which it is stored. Upon determining the respective
  352  rights of the parties, the court may award damages, attorney
  353  fees, and costs in favor of the prevailing party.
  354         (9) Failure to make good faith efforts to substantially
  355  comply with the notice requirements of this section or precludes
  356  the imposition of any storage charges against the vehicle or
  357  vessel. If a lienor fails to provide notice to a person claiming
  358  a lien on a vehicle or vessel in accordance with subsection (4),
  359  precludes the imposition of storage charges against the vehicle
  360  or vessel the lienor may not charge the person for more than 3 7
  361  days of storage, but such failure does not affect charges made
  362  for towing the vehicle or vessel or the priority of liens on the
  363  vehicle or vessel.
  364         (10)(a)A towing-storage operator Persons who provide
  365  services pursuant to this section shall permit rental car
  366  vehicle or vessel owners, lienholders, insurance company
  367  representatives, or their agents, which agency is evidenced by
  368  an original writing acknowledged by the owner before a notary
  369  public or other person empowered by law to administer oaths, to
  370  inspect the towed vehicle or vessel and shall release to the
  371  owner, lienholder, or agent the vehicle, vessel, or all personal
  372  property not affixed to the vehicle or vessel which was in the
  373  vehicle or vessel at the time the vehicle or vessel came into
  374  the custody of the person providing such services. For the
  375  purposes of this paragraph, a rental car agreement does not
  376  constitute evidence that the person who rented a vehicle is an
  377  agent of the owner of the vehicle, and a towing company may not
  378  release a vehicle owned by a rental car company to the person
  379  who rented the vehicle unless the rental car company appoints
  380  the person who rented the vehicle as its agent. Such appointment
  381  must be evidenced in an original writing acknowledged by the
  382  rental car company before a notary public or other person
  383  empowered by law to administer oaths and must authorize the
  384  person to inspect and redeem the towed vehicle.
  385         (b)A towing-storage operator shall permit non-rental
  386  vehicle or vessel owners, lienholders, insurance company
  387  representatives, or their agents to inspect the towed vehicle or
  388  vessel. The towing-storage operator must make the vehicle or
  389  vessel available for inspection during regular business hours
  390  within 3 business days after receiving a written request to
  391  inspect the vehicle or vessel and shall release to the owner,
  392  lienholder, or agent the vehicle, vessel, or all personal
  393  property not affixed to the vehicle or vessel which was in the
  394  vehicle or vessel at the time the vehicle or vessel came into
  395  the custody of the towing-storage operator. A towing-storage
  396  operator must accept a copy of either an electronic title or a
  397  paper title as evidence of a person’s interest in a vehicle or
  398  vessel.
  399         (11)(a) A towing-storage operator Any person regularly
  400  engaged in the business of recovering, towing, or storing
  401  vehicles or vessels who comes into possession of a vehicle or
  402  vessel pursuant to paragraph (2)(b) subsection (2) and who has
  403  complied with the provisions of subsections (4) (3) and (6),
  404  when such vehicle or vessel is to be sold for purposes of being
  405  dismantled, destroyed, or changed in such manner that it is not
  406  the motor vehicle or vessel described in the certificate of
  407  title, must shall report the vehicle to the National Motor
  408  Vehicle Title Information System and apply to the Department of
  409  Highway Safety and Motor Vehicles for a certificate of
  410  destruction. A certificate of destruction, which authorizes the
  411  dismantling or destruction of the vehicle or vessel described
  412  therein, is shall be reassignable a maximum of two times before
  413  dismantling or destruction of the vehicle is shall be required,
  414  and must shall accompany the vehicle or vessel for which it is
  415  issued, when such vehicle or vessel is sold for such purposes,
  416  in lieu of a certificate of title. The application for a
  417  certificate of destruction must include proof of reporting to
  418  the National Motor Vehicle Title Information System and an
  419  affidavit from the applicant that she or he it has complied with
  420  all applicable requirements of this section and, if the vehicle
  421  or vessel is not registered in this state or any other state, by
  422  a statement from a law enforcement officer that the vehicle or
  423  vessel is not reported stolen, and must shall be accompanied by
  424  such documentation as may be required by the department.
  425         (12)(a) Any person who violates paragraph (2)(b) any
  426  provision of subsection (1), subsection (2), subsection (4),
  427  subsection (5), subsection (6), or subsection (7) is guilty of a
  428  misdemeanor of the first degree, punishable as provided in s.
  429  775.082 or s. 775.083.
  430         (13)(a) Upon receipt by the Department of Highway Safety
  431  and Motor Vehicles of written notice from a wrecker operator who
  432  claims a wrecker operator’s lien under subparagraph (2)(b)4.
  433  paragraph (2)(d) for recovery, towing, or storage of an
  434  abandoned vehicle or vessel upon instructions from any law
  435  enforcement agency, for which a certificate of destruction has
  436  been issued under subsection (11) and the vehicle has been
  437  reported to the National Motor Vehicle Title Information System,
  438  the department shall place the name of the registered owner of
  439  that vehicle or vessel on the list of those persons who may not
  440  be issued a license plate or revalidation sticker for any motor
  441  vehicle under s. 320.03(8). If the vehicle or vessel is owned
  442  jointly by more than one person, the name of each registered
  443  owner must shall be placed on the list. The notice of wrecker
  444  operator’s lien must shall be submitted on forms provided by the
  445  department and, which must include:
  446         1. The name, address, and telephone number of the wrecker
  447  operator.
  448         2. The name of the registered owner of the vehicle or
  449  vessel and the address to which the wrecker operator provided
  450  notice of the lien to the registered owner under subsection (4).
  451         3. A general description of the vehicle or vessel,
  452  including its color, make, model, body style, and year.
  453         4. The vehicle identification number (VIN); registration
  454  license plate number, state, and year; validation decal number,
  455  state, and year; vessel registration number; hull identification
  456  number; or other identification number, as applicable.
  457         5. The name of the person or the corresponding law
  458  enforcement agency that requested that the vehicle or vessel be
  459  recovered, towed, or stored.
  460         6. The amount of the wrecker operator’s lien, not to exceed
  461  the amount allowed by paragraph (b).
  462         (b) For purposes of this subsection only, the amount of the
  463  wrecker operator’s lien for which the department will prevent
  464  issuance of a license plate or revalidation sticker may not
  465  exceed the amount of the charges for recovery, towing, and
  466  storage of the vehicle or vessel for 7 days. These charges may
  467  not exceed the maximum rates imposed by the ordinances of the
  468  respective county or municipality under ss. 125.0103(1)(c) and
  469  166.043(1)(c). This paragraph does not limit the amount of a
  470  wrecker operator’s lien claimed under paragraph (2)(b)
  471  subsection (2) or prevent a wrecker operator from seeking civil
  472  remedies for enforcement of the entire amount of the lien, but
  473  limits only that portion of the lien for which the department
  474  will prevent issuance of a license plate or revalidation
  475  sticker.
  476         (d) Upon discharge of the amount of the wrecker operator’s
  477  lien allowed by paragraph (b), the wrecker operator must issue a
  478  certificate of discharged wrecker operator’s lien on forms
  479  provided by the department to each registered owner of the
  480  vehicle or vessel attesting that the amount of the wrecker
  481  operator’s lien allowed by paragraph (b) has been discharged.
  482  Upon presentation of the certificate of discharged wrecker
  483  operator’s lien by the registered owner, the department must
  484  shall immediately remove the registered owner’s name from the
  485  list of those persons who may not be issued a license plate or
  486  revalidation sticker for any motor vehicle under s. 320.03(8),
  487  thereby allowing issuance of a license plate or revalidation
  488  sticker. Issuance of a certificate of discharged wrecker
  489  operator’s lien under this paragraph does not discharge the
  490  entire amount of the wrecker operator’s lien claimed under
  491  paragraph (2)(b) subsection (2), but only certifies to the
  492  department that the amount of the wrecker operator’s lien
  493  allowed by paragraph (b), for which the department will prevent
  494  issuance of a license plate or revalidation sticker, has been
  495  discharged.
  496         (18)For 3 years, a towing-storage operator must retain
  497  records produced for all vehicles or vessels recovered, towed,
  498  stored, or released, which records must include at least the
  499  following:
  500         (a)All notice publications and certified mailings;
  501         (b)The purchase price of unclaimed vehicles or vessels
  502  sold;
  503         (c)The names and addresses of persons to which vehicles or
  504  vessels were released;
  505         (d)The name and address of vehicle or vessel purchasers;
  506  and
  507         (e)All fees imposed under this section.
  508         (19)This section is the exclusive remedy for the placement
  509  or foreclosure of a storage lien placed on a vehicle or vessel
  510  pursuant to s. 83.19, s. 83.805, or s. 677.210.
  511         Section 3. Section 559.917, Florida Statutes, is amended to
  512  read:
  513         559.917 Bond to release possessory lien claimed by motor
  514  vehicle repair shop or towing-storage operator.—
  515         (1)(a) A customer or a person of record claiming a lien
  516  against a motor vehicle or vessel may obtain the release of the
  517  motor vehicle or vessel from any lien claimed under part II of
  518  chapter 713 by a motor vehicle repair shop for repair work
  519  performed under a written repair estimate or by a towing-storage
  520  operator for recovery, towing, or storage charges by filing with
  521  the clerk of the court in the circuit in which the disputed
  522  transaction occurred a cash or surety bond, payable to the
  523  person claiming the lien and conditioned for the payment of any
  524  judgment which may be entered on the lien. The bond must shall
  525  be in the amount stated on the notice of lien required under s.
  526  713.78(4) or on the invoice required by s. 559.911, plus accrued
  527  storage charges, if any, less any amount paid to the motor
  528  vehicle repair shop as indicated on the invoice. The customer or
  529  person is shall not be required to institute judicial
  530  proceedings in order to post the bond in the registry of the
  531  court and is shall not be required to use a particular form for
  532  posting the bond unless the clerk provides such form to the
  533  customer or person for filing. Upon the posting of such bond,
  534  the clerk of the court shall automatically issue a certificate
  535  notifying the lienor of the posting of the bond and directing
  536  the lienor to release the motor vehicle or vessel.
  537         (b) The lienor has shall have 60 days to file suit to
  538  recover the bond. The prevailing party in that action may be
  539  entitled to damages plus court costs and reasonable attorney
  540  fees. If the lienor fails to file suit within 60 days after the
  541  posting of such bond, the bond must shall be discharged by the
  542  clerk.
  543         (2) If the failure of a lienor fails to release or return
  544  to the customer or person the motor vehicle or vessel upon which
  545  any lien is claimed, upon receiving a copy of a certificate
  546  giving notice of the posting of the bond and directing release
  547  of the motor vehicle or vessel, the lienor is shall subject the
  548  lienor to judicial proceedings which may be brought by the
  549  customer or person to compel compliance with the certificate. If
  550  Whenever a customer or person brings an action to compel
  551  compliance with the certificate, the customer or person must
  552  need only establish the following that:
  553         (a) That the bond in the amount on the notice of lien
  554  required under s. 713.78(4) or on of the invoice, plus accrued
  555  storage charges, if any, less any amount paid to the motor
  556  vehicle repair shop as indicated on the invoice, was posted.;
  557         (b) That a certificate was issued under pursuant to this
  558  section.;
  559         (c) That the motor vehicle repair shop or towing-storage
  560  operator, or any employee or agent thereof who is authorized to
  561  release the motor vehicle or vessel, received a copy of a
  562  certificate issued under pursuant to this section.; and
  563         (d) That the motor vehicle repair shop or towing-storage
  564  operator, or an employee or agent thereof who is authorized to
  565  release the motor vehicle or vessel, failed to release the motor
  566  vehicle or vessel.
  567  
  568  The customer or person of record, claiming a lien against a
  569  motor vehicle or vessel, upon a judgment in her or his favor in
  570  an action brought under this subsection, may be entitled to
  571  damages plus court costs and reasonable attorney fees sustained
  572  by her or him by reason of such wrongful detention or retention.
  573  Upon a judgment in favor of the motor vehicle repair shop or
  574  towing-storage operator, the shop or towing-storage operator may
  575  be entitled to reasonable attorney fees.
  576         (3) A motor vehicle repair shop or towing-storage operator
  577  that, or an employee or agent thereof who is authorized to
  578  release the motor vehicle or vessel, who, upon receiving a copy
  579  of a certificate giving notice of the posting of the bond in the
  580  required amount and directing release of the motor vehicle or
  581  vessel, fails to release or return the property to the customer
  582  or person pursuant to this section commits a misdemeanor of the
  583  second degree, punishable as provided in s. 775.082 or s.
  584  775.083.
  585         (4) A customer or person who stops payment on a credit card
  586  charge or a check drawn in favor of a motor vehicle repair shop
  587  on account of an invoice or who fails to post a cash or surety
  588  bond under pursuant to this section is shall be prohibited from
  589  any recourse under this section with respect to the motor
  590  vehicle repair shop.
  591         (5)For purposes of this section, the terms “towing-storage
  592  operator” and “vessel” have the same meanings as in s.
  593  713.78(1).
  594         Section 4. Subsection (5) is added to section 83.19,
  595  Florida Statutes, to read:
  596         83.19 Sale of property distrained.—
  597         (5)A lien on a vehicle or vessel, as those terms are
  598  defined in s. 713.78(1), of a tenant or lessee must be
  599  foreclosed pursuant to s. 713.78 and may not be foreclosed under
  600  this chapter.
  601         Section 5. Section 83.805, Florida Statutes, is amended to
  602  read:
  603         83.805 Lien.—
  604         (1) The owner of a self-service storage facility or self
  605  contained storage unit and the owner’s heirs, executors,
  606  administrators, successors, and assigns have a lien upon all
  607  personal property, whether or not owned by the tenant, located
  608  at a self-service storage facility or in a self-contained
  609  storage unit for rent, labor charges, or other charges, present
  610  or future, in relation to the personal property and for expenses
  611  necessary for its preservation or expenses reasonably incurred
  612  in its sale or other disposition pursuant to ss. 83.801-83.809.
  613  The lien provided for in this section attaches as of the date
  614  that the personal property is brought to the self-service
  615  storage facility or as of the date the tenant takes possession
  616  of the self-contained storage unit, and the priority of this
  617  lien shall be the same as provided in s. 83.08; however, in the
  618  event of default, the owner must give notice to persons who hold
  619  perfected security interests under the Uniform Commercial Code
  620  in which the tenant is named as the debtor.
  621         (2)A lien on a vehicle or vessel, as those terms are
  622  defined in s. 713.78(1), of a tenant or lessee must be
  623  foreclosed pursuant to s. 713.78 and may not be placed or
  624  foreclosed under this chapter.
  625         Section 6. Subsection (10) of section 83.806, Florida
  626  Statutes, is amended to read:
  627         83.806 Enforcement of lien.—An owner’s lien as provided in
  628  s. 83.805 may be satisfied as follows:
  629         (10) If a lien is claimed on property that is a motor
  630  vehicle or a watercraft and rent and other charges related to
  631  the property remain unpaid or unsatisfied for 60 days after the
  632  maturity of the obligation to pay the rent and other charges,
  633  the facility or unit owner may sell the property pursuant to s.
  634  713.78 this section or have the property towed. If a motor
  635  vehicle or watercraft is towed, the facility or unit owner is
  636  not liable for the motor vehicle or watercraft or any damages to
  637  the motor vehicle or watercraft once a wrecker takes possession
  638  of the property. The wrecker taking possession of the property
  639  must comply with all notification and sale requirements provided
  640  in s. 713.78.
  641         Section 7. Subsection (10) is added to section 677.210,
  642  Florida Statutes, to read:
  643         677.210 Enforcement of warehouse’s lien.—
  644         (10)A lien on a vehicle or vessel, as those terms are
  645  defined in s. 713.78(1), must be placed and foreclosed pursuant
  646  to s. 713.78 and may not be placed or foreclosed under this
  647  chapter.
  648         Section 8. Paragraph (a) of subsection (2) of section
  649  715.07, Florida Statutes, is amended to read:
  650         715.07 Vehicles or vessels parked on private property;
  651  towing.—
  652         (2) The owner or lessee of real property, or any person
  653  authorized by the owner or lessee, which person may be the
  654  designated representative of the condominium association if the
  655  real property is a condominium, may cause any vehicle or vessel
  656  parked on such property without her or his permission to be
  657  removed by a person regularly engaged in the business of towing
  658  vehicles or vessels, without liability for the costs of removal,
  659  transportation, or storage or damages caused by such removal,
  660  transportation, or storage, under any of the following
  661  circumstances:
  662         (a) The towing or removal of any vehicle or vessel from
  663  private property without the consent of the registered owner or
  664  other legally authorized person in control of that vehicle or
  665  vessel is subject to substantial compliance with the following
  666  conditions and restrictions:
  667         1.a. Any towed or removed vehicle or vessel must be stored
  668  at a site within a 10-mile radius of the point of removal in any
  669  county of 500,000 population or more, and within a 15-mile
  670  radius of the point of removal in any county of fewer than
  671  500,000 population. That site must be open for the purpose of
  672  redemption of vehicles on any day that the person or firm towing
  673  such vehicle or vessel is open for towing purposes, from 8:00
  674  a.m. to 6:00 p.m., and, when closed, shall have prominently
  675  posted a sign indicating a telephone number where the operator
  676  of the site can be reached at all times. Upon receipt of a
  677  telephoned request to open the site to redeem a vehicle or
  678  vessel, the operator shall return to the site within 1 hour or
  679  she or he will be in violation of this section.
  680         b. If no towing business providing such service is located
  681  within the area of towing limitations set forth in sub
  682  subparagraph a., the following limitations apply: any towed or
  683  removed vehicle or vessel must be stored at a site within a 20
  684  mile radius of the point of removal in any county of 500,000
  685  population or more, and within a 30-mile radius of the point of
  686  removal in any county of fewer than 500,000 population.
  687         2. The person or firm towing or removing the vehicle or
  688  vessel shall, within 30 minutes after completion of such towing
  689  or removal, notify the municipal police department or, in an
  690  unincorporated area, the sheriff, of such towing or removal, the
  691  storage site, the time the vehicle or vessel was towed or
  692  removed, and the make, model, color, and license plate number of
  693  the vehicle or description and registration number of the vessel
  694  and shall obtain the name of the person at that department to
  695  whom such information was reported and note that name on the
  696  trip record.
  697         3. A person in the process of towing or removing a vehicle
  698  or vessel from the premises or parking lot in which the vehicle
  699  or vessel is not lawfully parked must stop when a person seeks
  700  the return of the vehicle or vessel. The vehicle or vessel must
  701  be returned upon the payment of a reasonable service fee of not
  702  more than one-half of the posted rate for the towing or removal
  703  service as provided in subparagraph 6. The vehicle or vessel may
  704  be towed or removed if, after a reasonable opportunity, the
  705  owner or legally authorized person in control of the vehicle or
  706  vessel is unable to pay the service fee. If the vehicle or
  707  vessel is redeemed, a detailed signed receipt must be given to
  708  the person redeeming the vehicle or vessel.
  709         4. A person may not pay or accept money or other valuable
  710  consideration for the privilege of towing or removing vehicles
  711  or vessels from a particular location.
  712         5. Except for property appurtenant to and obviously a part
  713  of a single-family residence, and except for instances when
  714  notice is personally given to the owner or other legally
  715  authorized person in control of the vehicle or vessel that the
  716  area in which that vehicle or vessel is parked is reserved or
  717  otherwise unavailable for unauthorized vehicles or vessels and
  718  that the vehicle or vessel is subject to being removed at the
  719  owner’s or operator’s expense, any property owner or lessee, or
  720  person authorized by the property owner or lessee, before towing
  721  or removing any vehicle or vessel from private property without
  722  the consent of the owner or other legally authorized person in
  723  control of that vehicle or vessel, must post a notice meeting
  724  the following requirements:
  725         a. The notice must be prominently placed at each driveway
  726  access or curb cut allowing vehicular access to the property
  727  within 10 feet from the road, as defined in s. 334.03(22). If
  728  there are no curbs or access barriers, the signs must be posted
  729  not fewer than one sign for each 25 feet of lot frontage.
  730         b. The notice must clearly indicate, in not fewer than 2
  731  inch high, light-reflective letters on a contrasting background,
  732  that unauthorized vehicles will be towed away at the owner’s
  733  expense. The words “tow-away zone” must be included on the sign
  734  in not fewer than 4-inch high letters.
  735         c. The notice must also provide the name and current
  736  telephone number of the person or firm towing or removing the
  737  vehicles or vessels.
  738         d. The sign structure containing the required notices must
  739  be permanently installed with the words “tow-away zone” not
  740  fewer than 3 feet and not more than 6 feet above ground level
  741  and must be continuously maintained on the property for not
  742  fewer than 24 hours before the towing or removal of any vehicles
  743  or vessels.
  744         e. The local government may require permitting and
  745  inspection of these signs before any towing or removal of
  746  vehicles or vessels being authorized.
  747         f. A business with 20 or fewer parking spaces satisfies the
  748  notice requirements of this subparagraph by prominently
  749  displaying a sign stating “Reserved Parking for Customers Only
  750  Unauthorized Vehicles or Vessels Will be Towed Away At the
  751  Owner’s Expense” in not fewer than 4-inch high, light-reflective
  752  letters on a contrasting background.
  753         g. A property owner towing or removing vessels from real
  754  property must post notice, consistent with the requirements in
  755  sub-subparagraphs a.-f., which apply to vehicles, that
  756  unauthorized vehicles or vessels will be towed away at the
  757  owner’s expense.
  758  
  759  A business owner or lessee may authorize the removal of a
  760  vehicle or vessel by a towing company when the vehicle or vessel
  761  is parked in such a manner that restricts the normal operation
  762  of business; and if a vehicle or vessel parked on a public
  763  right-of-way obstructs access to a private driveway the owner,
  764  lessee, or agent may have the vehicle or vessel removed by a
  765  towing company upon signing an order that the vehicle or vessel
  766  be removed without a posted tow-away zone sign.
  767         6. Any person or firm that tows or removes vehicles or
  768  vessels and proposes to require an owner, operator, or person in
  769  control or custody of a vehicle or vessel to pay the costs of
  770  towing and storage before redemption of the vehicle or vessel
  771  must file and keep on record with the local law enforcement
  772  agency a complete copy of the current rates to be charged for
  773  such services and post at the storage site an identical rate
  774  schedule and any written contracts with property owners,
  775  lessees, or persons in control of property which authorize such
  776  person or firm to remove vehicles or vessels as provided in this
  777  section.
  778         7. Any person or firm towing or removing any vehicles or
  779  vessels from private property without the consent of the owner
  780  or other legally authorized person in control or custody of the
  781  vehicles or vessels shall, on any trucks, wreckers as defined in
  782  s. 713.78(1) s. 713.78(1)(c), or other vehicles used in the
  783  towing or removal, have the name, address, and telephone number
  784  of the company performing such service clearly printed in
  785  contrasting colors on the driver and passenger sides of the
  786  vehicle. The name shall be in at least 3-inch permanently
  787  affixed letters, and the address and telephone number shall be
  788  in at least 1-inch permanently affixed letters.
  789         8. Vehicle entry for the purpose of removing the vehicle or
  790  vessel shall be allowed with reasonable care on the part of the
  791  person or firm towing the vehicle or vessel. Such person or firm
  792  shall be liable for any damage occasioned to the vehicle or
  793  vessel if such entry is not in accordance with the standard of
  794  reasonable care.
  795         9. When a vehicle or vessel has been towed or removed
  796  pursuant to this section, it must be released to its owner or
  797  person in control or custody within 1 hour after requested. Any
  798  vehicle or vessel owner or person in control or custody has the
  799  right to inspect the vehicle or vessel before accepting its
  800  return, and no release or waiver of any kind which would release
  801  the person or firm towing the vehicle or vessel from liability
  802  for damages noted by the owner or person in control or custody
  803  at the time of the redemption may be required from any vehicle
  804  or vessel owner or person in control or custody as a condition
  805  of release of the vehicle or vessel to its owner or person in
  806  control or custody. A detailed receipt showing the legal name of
  807  the company or person towing or removing the vehicle or vessel
  808  must be given to the person paying towing or storage charges at
  809  the time of payment, whether requested or not.
  810         Section 9. This act shall take effect July 1, 2023.

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