Bill Summary – FastDemocracy

       Florida Senate - 2024                                     SB 202
       
       
        
       By Senator Rodriguez
       
       
       
       
       
       40-00418-24                                            2024202__
                      A bill to be entitled                      
       An act relating to towing and storage; amending s.
       713.78, F.S.; defining the terms “newer model,” “older
       model,” and “towing-storage operator”; authorizing a
       towing-storage operator to charge certain fees;
       providing that a lien can be placed only on specified
       fees; revising requirements for law enforcement
       agencies and the Department of Highway Safety and
       Motor Vehicles relating to the removal of vehicles or
       vessels; requiring certain notice requirements are met
       by towing-storage operators to interested persons of
       vehicles or vessels; revising requirements for notices
       of lien; revising requirements relating to towing
       storage operators providing notice to public agencies
       of jurisdiction; revising the timeframe in which
       certain unclaimed vehicles or vessels may be sold;
       revising requirements for notices of sale; prohibiting
       towing-storage operators from collecting storage
       charges if they fail to substantially comply with the
       notice requirements; revising provisions regarding
       permission to inspect a vehicle or vessel; requiring
       that a vehicle or vessel be made available for
       inspection within a specified timeframe; providing an
       owner, lienholder, or insurance company representative
       may designate an agent if certain requirements are
       met; prohibiting vehicle or vessel rental agreements
       as being evidence of ownership or agency of vehicle or
       vessel for a person who rents the vehicle or vessel;
       requiring a towing-storage operator to accept certain
       documents as evidence of a person’s interest in a
       vehicle or vessel; revising criminal penalties;
       requiring a towing storage operator to maintain
       certain records for at least a specified timeframe;
       requiring towing-storage operators to accept certain
       types of payment; prohibiting certain persons from
       being required to furnish more than one form of
       current government photo identification for purposes
       of verifying their identity; preempting specified
       local regulations; making technical changes; amending
       s. 715.07, F.S.; conforming a cross-reference;
       providing an effective date.
        
Be It Enacted by the Legislature of the State of Florida:

       Section 1. Subsections (1), (2), and (4), paragraph (a) of
subsection (5), subsections (6), (9), and (10), paragraph (a) of
subsection (11), paragraph (a) of subsection (12), and
paragraphs (a), (b), and (d) of subsection (13) of section
713.78, Florida Statutes, are amended, and subsections (18) and
(19) are added to that section, to read:
       713.78 Liens for recovering, towing, or storing vehicles
and vessels.—
       (1) For the purposes of this section, the term:
       (f)(a) “Vehicle” means any mobile item, whether motorized
or not, that which is mounted on wheels.
       (g)(b) “Vessel” means every description of watercraft,
barge, and airboat used or capable of being used as a means of
transportation on water, other than a seaplane or a “documented
vessel” as defined in s. 327.02.
       (h)(c) “Wrecker” means any truck or other vehicle that
which is used to tow, carry, or otherwise transport motor
vehicles or vessels upon the streets and highways of this state
and which is equipped for that purpose with a boom, winch, car
carrier, or other similar equipment.
       (b)(d) “National Motor Vehicle Title Information System”
means the federally authorized electronic National Motor Vehicle
Title Information System.
       (a)(e) “Equivalent commercially available system” means a
service that charges a fee to provide vehicle information and
that at a minimum maintains records from those states
participating in data sharing with the National Motor Vehicle
Title Information System.
       (c) “Newer model” means a vehicle or vessel whose model
year is newer than an older model.
       (d) “Older model” means a vehicle or vessel whose model
year is older than the 2 model years previous to the model year
corresponding to the current calendar year.
       (e) “Towing-storage operator” means a person who regularly
engages in the business of transporting vehicles or vessels by
wrecker, tow truck, or car carrier.
       (2)(a) A towing-storage operator may charge only the
following fees for, or incidental to, the recovery, removal, or
storage of a vehicle or vessel:
       1. A reasonable hazardous waste fee.
       2. Any reasonable fee for service authorized by ordinance,
resolution, regulation, or rule of the county or municipality in
which the service is performed.
       3. Any reasonable fee for service authorized by contract or
agreement between a towing-storage operator and a county,
municipality, or other governmental agency.
       4. Any reasonable fee for service authorized by rule of the
Department of Highway Safety and Motor Vehicles.
       5. Any reasonable fee for service as agreed upon in writing
between a towing-storage operator and the owner of a vehicle or
vessel.
       6. Any lien release administrative fee as set forth in
paragraph (15)(a).
       7. Any reasonable administrative fee or charge imposed by a
county or municipality pursuant to s. 125.01047, s. 166.04465,
or s. 323.002 upon the registered owner or other legally
authorized person in control of a vehicle or vessel.
       (b) If a towing-storage operator Whenever a person
regularly engaged in the business of transporting vehicles or
vessels by wrecker, tow truck, or car carrier recovers, removes,
or stores a vehicle or vessel upon instructions from:
       1.(a) The owner thereof;
       2.(b) The owner or lessor, or a person authorized by the
owner or lessor, of property on which such vehicle or vessel is
wrongfully parked, and the removal is done in compliance with s.
715.07;
       3.(c) The landlord or a person authorized by the landlord,
when such motor vehicle or vessel remained on the premises after
the tenancy terminated and the removal is done in compliance
with s. 83.806 or s. 715.104; or
       4.(d) Any law enforcement agency, any county or
municipality, or any other governmental agency, she or he shall
have a lien on the vehicle or vessel for a reasonable towing
fee, for a reasonable administrative fee or charge imposed by a
county or municipality, and for a reasonable storage fee; except
that a storage fee may not be charged if the vehicle or vessel
is stored for fewer than 6 hours.
       (4)(a) A towing-storage operator person regularly engaged
in the business of recovering, towing, or storing vehicles or
vessels who comes into possession of a vehicle or vessel
pursuant to paragraph (2)(b) subsection (2), and who claims a
lien for recovery, towing, or storage services, must shall give
notice, by certified mail, pursuant to subsection (16), to the
registered owner, the insurance company insuring the vehicle
notwithstanding s. 627.736, and all persons claiming a lien
thereon, as disclosed by the records in the Department of
Highway Safety and Motor Vehicles or as disclosed by the records
of any corresponding agency in any other state in which the
vehicle is identified through a records check of the National
Motor Vehicle Title Information System or an equivalent
commercially available system as being titled or registered.
       (b) Whenever a law enforcement agency authorizes the
removal of a vehicle or vessel or whenever a towing service,
garage, repair shop, or automotive service, storage, or parking
place notifies the law enforcement agency of possession of a
vehicle or vessel pursuant to s. 715.07(2)(a)2., if an approved
third-party service cannot obtain the vehicle’s or vessel’s
owner, lienholder, and insurer information or last state of
record pursuant to subsection (16), the law enforcement agency
of the jurisdiction where the vehicle or vessel is stored shall
contact the Department of Highway Safety and Motor Vehicles, or
the appropriate agency of the state of registration, if known,
within 24 hours through the medium of electronic communications,
giving the full description of the vehicle or vessel. Upon
receipt of the full description of the vehicle or vessel, the
department shall search its files to determine the owner’s name,
the insurance company insuring the vehicle or vessel, and
whether any person has filed a lien upon the vehicle or vessel
as provided in s. 319.27(2) and (3) and notify the applicable
law enforcement agency within 72 hours. The person in charge of
the towing service, garage, repair shop, or automotive service,
storage, or parking place shall request obtain such information
from the applicable law enforcement agency within 5 days after
the date of storage and shall give notice pursuant to paragraph
(a). The department may release the insurance company
information to the requestor notwithstanding s. 627.736.
       (c) The notice of lien must be sent by certified mail to
the registered owner, the insurance company insuring the vehicle
notwithstanding s. 627.736, and all other persons claiming a
lien thereon within 4 7 business days, excluding a Saturday, and
Sunday, or federal legal holiday, after the date of storage of
the vehicle or vessel. However, in no event shall the notice of
lien be sent less than 30 days before the sale of the vehicle or
vessel. The notice must state:
       1. If the claim of lien is for a vehicle, the last 8 digits
of the vehicle identification number of the vehicle subject to
the lien, or, if the claim of lien is for a vessel, the hull
identification number of the vessel subject to the lien, clearly
printed in the delivery address box and on the outside of the
envelope sent to the registered owner and all other persons
claiming an interest in therein or lien on the vehicle or vessel
thereon.
       2. The name, physical address, and telephone number of the
lienor, and the entity name, as registered with the Division of
Corporations, of the business where the towing and storage
occurred, which must also appear on the outside of the envelope
sent to the registered owner and all other persons claiming an
interest in or lien on the vehicle or vessel.
       3. The fact of possession of the vehicle or vessel.
       4. The name of the person or entity that authorized the
lienor to take possession of the vehicle or vessel.
       5. That a lien as provided in paragraph (2)(b) subsection
(2) is claimed.
       6. That charges have accrued and include an itemized
statement of the amount thereof.
       7. That the lien is subject to enforcement under law and
that the owner or lienholder, if any, has the right to a hearing
as set forth in subsection (5).
       8. That any vehicle or vessel that remains unclaimed, or
for which the charges for recovery, towing, or storage services
remain unpaid, may be sold free of all prior liens 35 days after
the vehicle or vessel is stored by the lienor, if an older
model, the vehicle or vessel is more than 3 years of age or 65
50 days after the vehicle or vessel is stored by the lienor, if
a newer model the vehicle or vessel is 3 years of age or less.
       9. The address at which the vehicle or vessel is physically
located.
       (d) The notice of lien may not be sent to the registered
owner, the insurance company insuring the vehicle or vessel, and
all other persons claiming a lien thereon less than 30 days
before the sale of the vehicle or vessel, if an older model, or
60 days before the sale of the vehicle or vessel, if a newer
model.
       (e) If attempts to locate the name and address of the owner
or lienholder prove unsuccessful, the towing-storage operator
shall, after 4 7 business days, excluding a Saturday, and
Sunday, or federal legal holiday, after the initial tow or
storage, notify the public agency of jurisdiction where the
vehicle or vessel is stored in writing by certified mail or
electronic delivery acknowledged hand delivery that the towing
storage company has been unable to locate the name and address
of the owner or lienholder and a physical search of the vehicle
or vessel has disclosed no ownership information and a good
faith effort has been made, including records checks of the
Department of Highway Safety and Motor Vehicles database and the
National Motor Vehicle Title Information System or an equivalent
commercially available system. For purposes of this paragraph
and subsection (9), the term “good faith effort” means that the
following checks have been performed by the company to establish
the prior state of registration and for title:
       1. A check of the department’s database for the owner and
any lienholder.
       2. A check of the electronic National Motor Vehicle Title
Information System or an equivalent commercially available
system to determine the state of registration when there is not
a current registration record for the vehicle or vessel on file
with the department.
       3. A check of the vehicle or vessel for any type of tag,
tag record, temporary tag, or regular tag.
       4. A check of the law enforcement report for a tag number
or other information identifying the vehicle or vessel, if the
vehicle or vessel was towed at the request of a law enforcement
officer.
       5. A check of the trip sheet or tow ticket of the tow truck
operator to determine whether a tag was on the vehicle or vessel
at the beginning of the tow, if a private tow.
       6. If there is no address of the owner on the impound
report, a check of the law enforcement report to determine
whether an out-of-state address is indicated from driver license
information.
       7. A check of the vehicle or vessel for an inspection
sticker or other stickers and decals that may indicate a state
of possible registration.
       8. A check of the interior of the vehicle or vessel for any
papers that may be in the glove box, trunk, or other areas for a
state of registration.
       9. A check of the vehicle for a vehicle identification
number.
       10. A check of the vessel for a vessel registration number.
       11. A check of the vessel hull for a hull identification
number which should be carved, burned, stamped, embossed, or
otherwise permanently affixed to the outboard side of the
transom or, if there is no transom, to the outmost seaboard side
at the end of the hull that bears the rudder or other steering
mechanism.
       (5)(a) The owner of a vehicle or vessel removed pursuant to
paragraph (2)(b) subsection (2), or any person claiming a lien,
other than the towing-storage operator, within 10 days after the
time she or he has knowledge of the location of the vehicle or
vessel, may file a complaint in the county court of the county
in which the vehicle or vessel is stored to determine whether
her or his property was wrongfully taken or withheld.
       (6) A vehicle or vessel that is stored pursuant to
paragraph (2)(b) subsection (2) and remains unclaimed, or for
which reasonable charges for recovery, towing, or storing remain
unpaid, and any contents not released pursuant to subsection
(10), may be sold by the owner or operator of the storage space
for such towing or storage charge 35 days after the vehicle or
vessel is stored by the lienor, if an older model, the vehicle
or vessel is more than 3 years of age or 65 50 days after the
vehicle or vessel is stored by the lienor, if a newer model the
vehicle or vessel is 3 years of age or less. The sale must shall
be at public sale for cash. If the date of the sale was not
included in the notice required in subsection (4), notice of the
sale must shall be given to the person in whose name the vehicle
or vessel is registered and to all persons claiming a lien on
the vehicle or vessel as shown on the records of the Department
of Highway Safety and Motor Vehicles or of any corresponding
agency in any other state in which the vehicle is identifie