Bill Text: FL S0786 | 2015 | Regular Session | Introduced
Bill Title: Towing of Vehicles and Vessels
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2015-05-01 - Died in Regulated Industries [S0786 Detail]
Download: Florida-2015-S0786-Introduced.html
Florida Senate - 2015 SB 786 By Senator Evers 2-01156-15 2015786__ 1 A bill to be entitled 2 An act relating to towing of vehicles and vessels; 3 amending s. 715.07, F.S.; providing for removal of a 4 vehicle or vessel by a cooperative association or a 5 homeowners’ association; authorizing an owner or 6 lessee of real property to have a vehicle or vessel 7 removed from the property without certain signage 8 under certain circumstances; requiring a notice to be 9 attached to the vehicle or vessel and providing 10 requirements therefor; requiring police verification 11 and documentation of such a notice and requirements 12 therefor; providing an effective date. 13 14 Be It Enacted by the Legislature of the State of Florida: 15 16 Section 1. Section 715.07, Florida Statutes, is amended to 17 read: 18 715.07 Vehicles or vesselsparked on private property; 19 towing.— 20 (1) As used in this section, the term: 21 (a) “Vehicle” means aanymobile item thatwhichnormally 22 uses wheels, whether motorized or not. 23 (b) “Vessel” means every description of watercraft, barge, 24 and airboat used or capable of being used as a means of 25 transportation on water, other than a seaplane or a “documented 26 vessel” as defined in s. 327.02. 27 (2) The owner or lessee of real property, or aanyperson 28 authorized by the owner or lessee, which person may be the 29 designated representative of the condominium association if the 30 real property is a condominium, the designated representative of 31 the cooperative association if the real property is a 32 cooperative, or the designated representative of the homeowners’ 33 association if the real property is owned by a homeowners’ 34 association, may cause aanyvehicle or vessel parked on such 35 property without her or his permission to be removed by a person 36 regularly engaged in the business of towing vehicles or vessels,37 without liability for the costs of removal, transportation, or 38 storage or damages caused by such removal, transportation, or 39 storage,under any of the following circumstances: 40 (a) The towing or removal of aanyvehicle or vessel from 41 private property without the consent of the registered owner or 42 other legally authorized person in control of that vehicle or 43 vessel is subject to strict compliance with the following 44 conditions and restrictions: 45 1.a. AAnytowed or removed vehicle or vessel must be 46 stored at a site within a 10-mile radius of the point of removal 47 in aanycounty with a population of 500,000populationor more 48 or, andwithin a 15-mile radius of the point of removal in aany49 county with a population of less than 500,000population. That 50 site must be open for the purpose of redemption of vehicles from 51 8 a.m. to 6 p.m. on any day that the person or firm towing such 52 vehicle or vessel is open for towing purposes, from 8:00 a.m. to536:00 p.m.,and, when closed, shall have prominently posted a 54 sign indicating a telephone number where the operator of the 55 site can be reached at all times. Upon receipt of a telephoned 56 request to open the site to redeem a vehicle or vessel, the 57 operator mustshallreturn to the site within 1 houror she or58he will be in violation of this section. 59 b. If no towing business providing such service is located 60 within the area of towing limitations underset forth insub 61 subparagraph a., the following limitations apply: aanytowed or 62 removed vehicle or vessel must be stored at a site within a 20 63 mile radius of the point of removal in aanycounty with a 64 population of 500,000populationor more or, andwithin a 30 65 mile radius of the point of removal in aanycounty with a 66 population of less than 500,000population. 67 2. Within 30 minutes after completion of the towing or 68 removal, the person or firm that towed or removedtowing or69removingthe vehicle or vessel mustshall, within 30 minutes70after completion of such towing or removal,notify the municipal 71 police department or, in an unincorporated area, the sheriff,72 of: thesuchtowing or removal;,the storage site;,the time the 73 vehicle or vessel was towed or removed;,and the make, model, 74 color, and license plate number of the vehicle or description 75 and registration number of the vessel. The person or firmand76 shall note on the trip record at the time of the telephone call 77obtainthe case number, badge number, or name of the personat78that departmentto whom such information was reported or attach 79 the electronic receipt received from the department or office to 80 the trip record if the notification was made by an electronic 81 notification process approved by the police department or 82 sheriff’s officeand note that name on the trip record. 83 3. A person in the process of towing or removing a vehicle 84 or vessel from the premises or parking lot in which the vehicle 85 or vessel is not lawfully parked must stop when a person seeks 86 the return of the vehicle or vessel. The vehicle or vessel must 87 be returned upon the payment of a reasonable service fee of not 88 more than one-half of the posted rate for the towing or removal 89 service as provided in subparagraph 7.6.The vehicle or vessel 90 may be towed or removed if, after a reasonable opportunity, the 91 owner or legally authorized person in control of the vehicle or 92 vessel is unable to pay the service fee. If the vehicle or 93 vessel is redeemed, a detailed signed receipt must be given to 94 the person redeeming the vehicle or vessel. 95 4. A person may not pay or accept money or other valuable 96 consideration for the privilege of towing or removing vehicles 97 or vessels from a particular location. 98 5. Except when theforproperty is appurtenant to and 99 obviously a part of a single-family residence or, and except for100instanceswhen notice is personally given to the owner or other 101 legally authorized person in control of the vehicle or vessel 102 that the area in which that vehicle or vessel is parked is 103 reserved or otherwise unavailable for unauthorized vehicles or 104 vessels and that the vehicle or vessel is subject to being 105 removed at the owner’s or operator’s expense, before towing or 106 removing a vehicle or vessel from private property without the 107 consent of the owner or other legally authorized person in 108 control of that vehicle or vessel, aanyproperty owner or 109 lessee,or person authorized by the property owner or lessee,110prior to towing or removing any vehicle or vessel from private111property without the consent of the owner or other legally112authorized person in control of that vehicle or vessel,must 113 post a notice subject tomeetingthe followingrequirements: 114 a. The notice must: 115 (I) Be prominently placed at each driveway access or curb 116 cut allowing vehicular access to the property, within 5 feet 117 from the public right-of-way line. If there are no curbs or 118 access barriers, the signs must be posted not less than one sign 119 for each 25 feet of lot frontage. 120 (II)b.The notice mustClearly indicate, in not less than 121 2-inch high, light-reflective letters on a contrasting 122 background, that unauthorized vehicles will be towed away at the 123 owner’s expense. The words “tow-away zone” must be included on 124 the sign in not less than 4-inch high letters. 125 (III)c.The notice must alsoProvide the name and current 126 telephone number of the person or firm towing or removingthe127 vehicles or vessels. 128 b.d.The sign structure containing the required notices 129 must be permanently installed with the words “tow-away zone” at 130 leastnot less than3 feet but noand notmore than 6 feet above 131 ground level and must be continuously maintained on the property 132 for at leastnot less than24 hours beforeprior to thetowing 133 or removing a vehicle or vesselremoval of any vehicles or134vessels. 135e.The local government may require permitting and 136 inspection of suchthesesigns beforeprior to anytowing or 137 removing a vehicle or vessel isremoval of vehicles or vessels138beingauthorized. 139 c.f.A business with 20 or fewer parking spaces satisfies 140 the notice requirements of this subparagraph by prominently 141 displaying a sign stating “Reserved Parking for Customers Only 142 Unauthorized Vehicles or Vessels Will be Towed Away At the 143 Owner’s Expense” in not less than 4-inch high, light-reflective 144 letters on a contrasting background. 145 d.g.A property owner towing or removing vessels from real 146 property must post notice, consistent with the requirements in 147 sub-subparagraphs a.-c.a.-f.,which apply to vehicles, that 148 unauthorized vehicles or vessels will be towed away at the 149 owner’s expense. 150 6. Notwithstanding subparagraph 5.,a business owner or151lessee may authorize the removal of a vehicle or vessel by a152towing companywhen athevehicle or vessel is parked insucha 153 manner that restricts the normal operation of business; isand154if a vehicle or vesselparked on a public right-of-way in a 155 manner that obstructs access to a private driveway; or has been 156 parked or stored on private property for a period exceeding 5 157 days, the owner or,lessee, or agent of the owner or lessee, of 158 the real property may have the vehicle or vessel removed by a 159 towing company upon signing an order that the vehicle or vessel 160 be removed without a posted tow-away zone sign. However, the 5 161 day period after which the owner or lessee, or agent of the 162 owner or lessee, of the real property may have the vehicle or 163 vessel removed without tow-away zone signage does not begin 164 until both of the following requirements are met: 165 a. Such owner, lessee, or agent attaches to the vehicle or 166 vessel with adhesive material a notice that the vehicle or 167 vessel will be towed or removed from the property. The notice 168 must: 169 (I) In the case of a vehicle, be attached to the vehicle’s 170 windshield. 171 (II) In the case of a vessel, be attached adjacent to the 172 vessel registration number on the left or port side of the 173 vessel. 174 (III) Be at least 8 inches by 10 inches in size and be 175 sufficiently weatherproofed to withstand normal exposure to the 176 elements. 177 (IV) Clearly indicate the date on which the notice is 178 posted. 179 (V) Clearly indicate in bold letters that the vehicle or 180 vessel will be towed or removed from the real property 5 days 181 after the date on which a local law enforcement agency verifies 182 and documents with a police report the notice’s compliance with 183 this subparagraph. 184 (VI) Provide the name and phone number of the proposed 185 towing company. 186 b. The local law enforcement agency is notified of the 187 notice being posted pursuant to this subparagraph, and the local 188 law enforcement agency verifies and documents the notice’s 189 compliance with this subparagraph with a police report that 190 shall be provided to the property owner and the towing company. 191 7.6.AAnyperson or firm that tows or removes vehicles or 192 vessels and proposes to require an owner, operator, or person in 193 control of a vehicle or vessel to pay the costs of towing and 194 storage beforeprior toredemption of the vehicle or vessel must 195 file and keep on record with the local law enforcement agency a 196 complete copy of the current rates to be charged for such 197 services and post at the storage site an identical rate schedule 198 and any written contracts with property owners, lessees, or 199 persons in control of property which authorize such person or 200 firm to remove vehicles or vessels as provided in this section. 201 8.7.AAnyperson or firm towing or removinganyvehicles 202 or vessels from private property without the consent of the 203 owner or other legally authorized person in control of the 204 vehicles or vessels shall, on any trucks, wreckers as defined in 205 s. 713.78(1)(c), or other vehicles used in the towing or 206 removal, have the name, address, and telephone number of the 207 company performing such service clearly printed in contrasting 208 colors on the driver and passenger sides of the vehicle. The 209 name shall be in at least 3-inch, permanently affixed letters, 210 and the address and telephone number shall be in at least 1 211 inch, permanently affixed letters. 212 9.8.Vehicle entry for the purpose of removing the vehicle 213 or vessel shall be allowed with reasonable care on the part of 214 the person or firm towing the vehicle or vessel. Such person or 215 firm shall be liable for any damage occasioned to the vehicle or 216 vessel if such entry is not in accordance with the standard of 217 reasonable care. 218 10.9.When a vehicle or vessel has been towed or removed 219 pursuant to this section, it must be released to its owner or 220 custodian within 1onehour after requested. AAnyvehicle or 221 vessel owner or agent of the owner mayshall have the right to222 inspect the vehicle or vessel before accepting its return. A,223and norelease or waiver of any kind which would release the 224 person or firm towing the vehicle or vessel from liability for 225 damages noted by the owner or other legally authorized person at 226 the time of the redemption may not be required from aany227 vehicle or vessel owner or,custodian,or agent of the owner or 228 custodian as a condition of release of the vehicle or vessel to 229 its owner. A detailed, signed receipt showing the legal name of 230 the company or person towing or removing the vehicle or vessel 231 must be given to the person paying towing or storage charges at 232 the time of payment, whether requested or not. 233 (b) TheTheserequirements of this subsection are minimum 234 standards and do not preclude enactment of additional 235 regulations by aanymunicipality or county including the right 236 to regulate rates when vehicles or vessels are towed from 237 private property. 238 (3) This section does not apply to law enforcement, 239 firefighting, rescue squad, ambulance, or other emergency 240 vehicles or vessels that are marked as such or to property owned 241 by aanygovernmental entity. 242 (4) When a person improperly causes a vehicle or vessel to 243 be removed, such person shall be liable to the owner or lessee 244 of the vehicle or vessel for the cost of removal, 245 transportation, and storage; any damages resulting from the 246 removal, transportation, or storage of the vehicle or vessel; 247 attorney’s fees; and court costs. 248 (5)(a) AAnyperson who violates subparagraph (2)(a)2. or 249 subparagraph (2)(a)7.(2)(a)6.commits a misdemeanor of the 250 first degree, punishable as provided in s. 775.082 or s. 251 775.083. 252 (b) AAnyperson who violates subparagraph (2)(a)1., 253 subparagraph (2)(a)3., subparagraph (2)(a)4., subparagraph 254 (2)(a)8.(2)(a)7., or subparagraph (2)(a)10.(2)(a)9.commits a 255 felony of the third degree, punishable as provided in s. 256 775.082, s. 775.083, or s. 775.084. 257 Section 2. This act shall take effect upon becoming a law.