F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
HB 199 2024
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. 559.917, F.S.;
9 providing procedures and requirements for acquiring a
10 bond to release certain liens; authorizing the award
11 of court costs and attorney fees for certain customers
12 or persons under certain circumstances; providing
13 definitions; amending s. 713.78, F.S.; providing
14 definitions; authorizing a towing-storage operator to
15 charge certain fees; providing that a lien can only be
16 placed on specified fees; requiring a towing-storage
17 operator to accept specified payment methods; removing
18 certain requirements for law enforcement agencies and
19 the Department of Highway Safety and Motor Vehicles;
20 revising the timeframe in which certain unclaimed
21 vehicles or vessels may be sold; revising the
22 timeframe in which a notice of lien must be sent for
23 certain unclaimed vehicles or vessels; revising the
24 timeframe in which a towing-storage operator must
25 provide certain notice to the public agency of
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26 jurisdiction; requiring that such notice be sent by
27 certified mail; requiring the posting of a bond or
28 other security be done in a specified manner; revising
29 the timeframe in which public notice of the sale of a
30 vehicle or vessel must be published; providing
31 applicability; requiring the immediate payment of
32 certain fees if a lienor prevails in court; requiring
33 certain liens be discharged if a towing-storage
34 operator complies with certain requirements;
35 restricting the imposition of storage charges under
36 certain circumstances; requiring a towing-storage
37 operator to allow certain persons to inspect a rental
38 car; prohibiting a towing-storage operator from
39 releasing certain vehicles under certain
40 circumstances; requiring a towing-storage operator to
41 allow certain persons to inspect certain towed
42 vehicles and vessels; requiring a towing-storage
43 operator to release such vehicles and vessels within a
44 specified timeframe; requiring certain documentation
45 as evidence of a person's interest in a vehicle or
46 vessel; revising the amount a lienor may charge as an
47 administrative fee; requiring a towing-storage
48 operator to maintain certain records for a specified
49 amount of time; providing the exclusive remedy for
50 certain liens; conforming cross-references; making
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51 technical changes; amending ss. 83.19, 83.805, 83.806 ,
52 and 677.210, F.S.; conforming provisions to changes
53 made by the act; amending s. 715.07, F.S.; conforming
54 a cross-reference; providing an effective date.
55
56 Be It Enacted by the Legislature of the State of Florida:
57
58 Section 1. Subsection (4) of section 321.051, Florida
59 Statutes, is renumbered as subsection (5) and a new subsection
60 (4) is added to that section, to read:
61 321.051 Florida Highway Patrol wrecker operator system;
62 penalties for operation outside of system.—
63 (4) The Division of the Florida Highway Patrol may not
64 exclude a wrecker operator from the wrecker operator system or
65 fail to designate him or her as an authorized wrecker operator
66 based solely on a prior felony conviction, unless such
67 conviction is for a forcible felony as defined in s. 776.08.
68 Section 2. Section 559.917, Florida Statutes, is amended
69 to read:
70 559.917 Bond to release possessory lien claimed by motor
71 vehicle repair shop or towing-storage operator.—
72 (1)(a) A customer or a person of record claiming a lien
73 against a motor vehicle or vessel may obtain the release of the
74 motor vehicle or vessel from any lien claimed under part II of
75 chapter 713 by a motor vehicle repair shop for repair work
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76 performed under a written repair estimate or by a towing-storage
77 operator for recovery, towing, or storage charges by filing with
78 the clerk of the court in the circuit in which the disputed
79 transaction occurred a cash or surety bond, payable to the
80 person claiming the lien and conditioned for the payment of any
81 judgment which may be entered on the lien. The bond must shall
82 be in the amount stated on the notice of lien required under s.
83 713.78(4) or on the invoice required by s. 559.911, plus accrued
84 storage charges, if any, less any amount paid to the motor
85 vehicle repair shop as indicated on the invoice. The customer or
86 person is shall not be required to institute judicial
87 proceedings in order to post the bond in the registry of the
88 court and is shall not be required to use a particular form for
89 posting the bond unless the clerk provides such form to the
90 customer or person for filing. Upon the posting of such bond,
91 the clerk of the court shall automatically issue a certificate
92 notifying the lienor of the posting of the bond and directing
93 the lienor to release the motor vehicle or vessel.
94 (b) The lienor has shall have 60 days to file suit to
95 recover the bond. The prevailing party in that action may be
96 entitled to damages plus court costs and reasonable attorney
97 fees. If the lienor fails to file suit within 60 days after the
98 posting of such bond, the bond must shall be discharged by the
99 clerk.
100 (2) If the failure of a lienor fails to release or return
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101 to the customer or person the motor vehicle or vessel upon which
102 any lien is claimed, upon receiving a copy of a certificate
103 giving notice of the posting of the bond and directing release
104 of the motor vehicle or vessel, the lienor is shall subject the
105 lienor to judicial proceedings which may be brought by the
106 customer or person to compel compliance with the certificate. If
107 Whenever a customer or person brings an action to compel
108 compliance with the certificate, the customer or person must
109 need only establish all of the following that:
110 (a) That the bond in the amount on the notice of lien
111 required under s. 713.78(4) or on of the invoice, plus accrued
112 storage charges, if any, less any amount paid to the motor
113 vehicle repair shop as indicated on the invoice, was posted.;
114 (b) That a certificate was issued under pursuant to this
115 section.;
116 (c) That the motor vehicle repair shop or towing-storage
117 operator, or any employee or agent thereof who is authorized to
118 release the motor vehicle or vessel, received a copy of a
119 certificate issued under pursuant to this section.; and
120 (d) That the motor vehicle repair shop or towing-storage
121 operator, or an employee or agent thereof who is authorized to
122 release the motor vehicle or vessel, failed to release the motor
123 vehicle or vessel.
124
125 The customer or person of record claiming a lien against a motor
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126 vehicle or vessel, upon a judgment in her or his favor in an
127 action brought under this subsection, may be entitled to damages
128 plus court costs and reasonable attorney fees sustained by her
129 or him by reason of such wrongful detention or retention. Upon a
130 judgment in favor of the motor vehicle repair shop or towing-
131 storage operator, the shop or towing-storage operator may be
132 entitled to reasonable attorney fees.
133 (3) A motor vehicle repair shop or towing-storage operator
134 that, or an employee or agent thereof who is authorized to
135 release the motor vehicle or vessel, who, upon receiving a copy
136 of a certificate giving notice of the posting of the bond in the
137 required amount and directing release of the motor vehicle or
138 vessel, fails to release or return the property to the custo mer
139 or person pursuant to this section commits a misdemeanor of the
140 second degree, punishable as provided in s. 775.082 or s.
141 775.083.
142 (4) A customer or person who stops payment on a credit
143 card charge or a check drawn in favor of a motor vehicle repair
144 shop on account of an invoice or who fails to post a cash or
145 surety bond under pursuant to this section is shall be
146 prohibited from any recourse under this section with respect to
147 the motor vehicle repair shop.
148 (5) For purposes of this section, the terms "towing-
149 storage operator" and "vessel" have the same meanings as in s.
150 713.78(1).
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151 Section 3. Subsections (1), (2), (4), (5), (6), (9), and
152 (10), paragraph (a) of subsection (11), paragraph (a) of
153 subsection (12), and paragraphs (a), (b), and (d) of su bsection
154 (13) of section 713.78, Florida Statutes, are amended, and
155 subsections (18) and (19) are added to that section, to read:
156 713.78 Liens for recovering, towing, or storing vehicles
157 and vessels.—
158 (1) For the purposes of this section, the term:
159 (a) "Department" means the Department of Highway Safety
160 and Motor Vehicles.
161 (b)(e) "Equivalent commercially available system" means a
162 service that charges a fee to provide vehicle information and
163 that at a minimum maintains records from those states
164 participating in data sharing with the National Motor Vehicle
165 Title Information System.
166 (c) "Good faith effort" means that all of the following
167 checks have been performed by a towing-storage company to
168 establish the prior state of registration and title of a vehicle
169 or vessel that has been towed or stored by the company:
170 1. A check of the department's database for the owner and
171 any lienholder.
172 2. A check of the electronic National Motor Vehicle Title
173 Information System or an equivalent commercially availab le
174 system to determine the state of registration when there is not
175 a current registration record for the vehicle or vessel on file
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176 with the department.
177 3. A check of the vehicle or vessel for any type of tag,
178 tag record, temporary tag, or regular tag.
179 4. A check of the law enforcement report for a tag number
180 or other information identifying the vehicle or vessel, if the
181 vehicle or vessel was towed at the request of a law enforcement
182 officer.
183 5. A check of the trip sheet or tow ticket of the tow
184 truck operator to determine whether a tag was on the vehicle or
185 vessel at the beginning of the tow, if a private tow.
186 6. If there is no address of the owner on the impound
187 report, a check of the law enforcement report to determine
188 whether an out-of-state address is indicated from driver license
189 information.
190 7. A check of the vehicle or vessel for an inspection
191 sticker or other stickers and decals that may indicate a state
192 of possible registration.
193 8. A check of the interior of the vehicle or vessel for
194 any papers that may be in the glove box, trunk, or other areas
195 for a state of registration.
196 9. A check of the vehicle for a vehicle identification
197 number.
198 10. A check of the vessel for a vessel registration
199 number.
200 11. A check of the vessel hull for a hull identification
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201 number which should be carved, burned, stamped, embossed, or
202 otherwise permanently affixed to the outboard side of the
203 transom or, if there is no transom, to the outmost seaboard side
204 at the end of the hull that bears the rudder or other steering
205 mechanism.
206 (d) "National Motor Vehicle Title Information System"
207 means the federally authorized electronic National Motor Vehicle
208 Title Information System.
209 (e) "Towing-storage operator" means a person who regularly
210 engages in the business of transporting vehicles or vessels by
211 wrecker, tow truck, or car carrier.
212 (f)(a) "Vehicle" means any mobile item, whether motorized
213 or not, which is mounted on wheels.
214 (g)(b) "Vessel" means every description of watercraft,
215 barge, and airboat used or capable of