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
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 74whichis used to tow, carry, or otherwise transport motor 75 vehicles or vessels upon the streets and highways of this state 76 andwhichis 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)WheneverA 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 operatorperson regularly engaged99in the business of transporting vehicles or vessels by wrecker,100tow truck, or car carrierrecovers, 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 hasshall havea lien on the vehicle or vessel for a 114 reasonable recovery fee, a reasonable towing fee,for a115reasonable administrative fee or charge imposed by a county or116municipality,andfora 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 operatorperson regularly engaged122in the business of recovering, towing, or storing vehicles or123vesselswho 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, mustshallgive 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 the136removal of a vehicle or vessel or whenever a towing service,137garage, repair shop, or automotive service, storage, or parking138place notifies the law enforcement agency of possession of a139vehicle or vessel pursuant to s. 715.07(2)(a)2., the law140enforcement agency of the jurisdiction where the vehicle or141vessel is stored shall contact the Department of Highway Safety142and Motor Vehicles, or the appropriate agency of the state of143registration, if known, within 24 hours through the medium of144electronic communications, giving the full description of the145vehicle or vessel. Upon receipt of the full description of the146vehicle or vessel, the department shall search its files to147determine the owner’s name, the insurance company insuring the148vehicle or vessel, and whether any person has filed a lien upon149the vehicle or vessel as provided in s. 319.27(2) and (3) and150notify the applicable law enforcement agency within 72 hours.151The person in charge of the towing service, garage, repair shop,152or automotive service, storage, or parking place shall obtain153such information from the applicable law enforcement agency154within 5 days after the date of storage and shall give notice155pursuant to paragraph (a). The department may release the156insurance company information to the requestor notwithstanding157s. 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 37business days, excluding Saturday and 162 Sunday, after the date of storage of the vehicle or vessel. 163However, in no event shall the notice of lien be sent less than16430 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 inthereinor lien on the vehicle or vessel 173thereon. 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)subsection184(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 6550days 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 athevehicle 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 37business 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 mailor acknowledged hand deliverythat 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),Atany 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. 559.917Upon273the posting of the bond and the payment of the applicable fee274set forth in s. 28.24, the clerk of the court shall issue a275certificate notifying the lienor of the posting of the bond and276directing the lienor to release the vehicle or vessel. At the277time of such release, after reasonable inspection, she or he278shall give a receipt to the towing-storage company reciting any279claims she or he has for loss or damage to the vehicle or vessel280or the contents thereof. 281 (c) Upon determining the respective rights of the parties, 282 the court may award damages, attorneyattorney’sfees, and costs 283 in favor of the prevailing party. In the event the lienor 284 prevailsIn any event, the final order mustshallprovide 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 6550days 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 mustshallbe 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 mustshallbe 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, if313the claim of lien is for a motor vehicle,The last 8 digits of 314 the vehicle identification number of themotorvehicle 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 inthereinor lien on the 320 vehicle or vesselthereon.The notice must be sent to the owner321of the vehicle or vessel and the person having the recorded lien322on the vehicle or vessel at the address shown on the records of323the registering agency at least 30 days before the sale of the324vehicle 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 mustshallbe made by publishing a 335 notice thereof one time, at least 3010days 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, mustshallbe 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 isshall beentitled to receive 5 percent of 344 such proceeds for the care and disbursement thereof.The345certificate of title issued under this law shall be discharged346of All liensUpon 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 thenoticerequirements of this section orprecludes356the imposition of any storage charges against the vehicle or357vessel. If a lienor failsto 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 vesselthe lienor may not charge the personfor more than 37361 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 operatorPersons who provide365services pursuant to this sectionshall permit rental car 366vehicle or vesselowners, 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 vehicleor vesseland shall release to the 371 owner, lienholder, or agent the vehicle, vessel,or all personal 372 property not affixed to the vehicleor vesselwhich was in the 373 vehicleor vesselat the time the vehicleor vesselcame 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 operatorAny person regularly400engaged in the business of recovering, towing, or storing401vehicles or vesselswho comes into possession of a vehicle or 402 vessel pursuant to paragraph (2)(b)subsection (2)and who has 403 complied withthe provisions ofsubsections (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 themotorvehicle or vessel described in the certificate of 407 title, mustshallreport 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, isshall bereassignable a maximum of two times before 413 dismantling or destruction of the vehicle isshall berequired, 414 and mustshallaccompany 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 heithas 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 mustshallbe accompanied by 424 such documentation as may be required by the department. 425 (12)(a) Any person who violates paragraph (2)(b)any426provision 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. 433paragraph (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 mustshallbe placed on the list. The notice of wrecker 444 operator’s lien mustshallbe submitted on forms provided by the 445 department and, which mustinclude: 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) 471subsection (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 484shallimmediately 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 mustshall525 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 isshallnotberequired to institute judicial 530 proceedings in order to post the bond in the registry of the 531 court and isshallnotberequired 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 hasshall have60 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 mustshallbe discharged by the 542 clerk. 543 (2) Ifthe failure ofa 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 isshallsubjectthe548lienorto judicial proceedings which may be brought by the 549 customer or person to compel compliance with the certificate. If 550Whenevera customer or person brings an action to compel 551 compliance with the certificate, the customer or person must 552need onlyestablish the followingthat: 553 (a) That the bond in the amount on the notice of lien 554 required under s. 713.78(4) or onofthe 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 underpursuant tothis 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 underpursuant tothis section.; and563 (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 577that, 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 underpursuant tothis section isshall beprohibited 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. 634 713.78this sectionor 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.