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 213 2024
1 A bill to be entitled
2 An act relating to towing and storage; amending s.
3 713.78, F.S.; defining the terms "newer model," "older
4 model," and "towing-storage operator"; authorizing a
5 towing-storage operator to charge certain fees;
6 providing that a lien can be placed only on specified
7 fees; revising requirements for law enforcement
8 agencies and the Department of Highway Safety and
9 Motor Vehicles relating to the removal of vehicles or
10 vessels; requiring certain notice requirements are met
11 by towing-storage operators to interested persons of
12 vehicles or vessels; revising requirements for notices
13 of lien; revising requirements relating to towing-
14 storage operators providing notice to public agencies
15 of jurisdiction; revising the timeframe in which
16 certain unclaimed vehicles or vessels may be sold;
17 revising requirements for notices of sale; prohibiting
18 towing-storage operators from collecting storage
19 charges if they fail to substantially comply with the
20 notice requirements; revising provisions regarding
21 permission to inspect a vehicle or vessel; requiring
22 that a vehicle or vessel be made available for
23 inspection within a specified timeframe; providing an
24 owner, lienholder, or insurance company representative
25 may designate an agent if certain requirements are
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26 met; prohibiting vehicle or vessel rental agreements
27 as being evidence of ownership or agency of vehicle or
28 vessel for a person who rents the vehicle or vessel;
29 requiring a towing-storage operator to accept certain
30 documents as evidence of a person's interest in a
31 vehicle or vessel; revising criminal penalties;
32 requiring a towing storage operator to maintain
33 certain records for at least a specified timeframe;
34 requiring towing-storage operators to accept certain
35 types of payment; prohibiting certain persons from
36 being required to furnish more than one form of
37 current government photo identification for purposes
38 of verifying their identity; preempting specified
39 local regulations; making technical changes; amending
40 s. 715.07, F.S.; conforming a cross-reference;
41 providing an effective date.
42
43 Be It Enacted by the Legislature of the State of Florida:
44
45 Section 1. Subsections (1), (2), and (4), paragraph (a) of
46 subsection (5), subsections (6), (9), and (10), paragraph (a) of
47 subsection (11), paragraph (a) of subsection (12), and
48 paragraphs (a), (b), and (d) of subsection (13) of section
49 713.78, Florida Statutes, are amended, and subsections (18) and
50 (19) are added to that section, to read:
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51 713.78 Liens for recovering, towing, or storing vehicles
52 and vessels.—
53 (1) For the purposes of this section, the term:
54 (f)(a) "Vehicle" means any mobile item, whether motorized
55 or not, that which is mounted on wheels.
56 (g)(b) "Vessel" means every description of watercraft,
57 barge, and airboat used or capable of being used as a means of
58 transportation on water, other than a seaplane or a "documented
59 vessel" as defined in s. 327.02.
60 (h)(c) "Wrecker" means any truck or other vehicle that
61 which is used to tow, carry, or otherwise transport motor
62 vehicles or vessels upon the streets and highways of this state
63 and which is equipped for that purpose with a boom, winch, car
64 carrier, or other similar equipment.
65 (b)(d) "National Motor Vehicle Title Information System"
66 means the federally authorized electronic National Motor Vehicle
67 Title Information System.
68 (a)(e) "Equivalent commercially available system" means a
69 service that charges a fee to provide vehicle information and
70 that at a minimum maintains records from those states
71 participating in data sharing with the National Motor Vehicle
72 Title Information System.
73 (c) "Newer model" means a vehicle or vessel whose model
74 year is newer than an older model.
75 (d) "Older model" means a vehicle or vessel whose model
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76 year is older than the 2 model years previous to the model year
77 corresponding to the current calendar year.
78 (e) "Towing-storage operator" means a person who regularly
79 engages in the business of transporting vehicles or vessels by
80 wrecker, tow truck, or car carrier.
81 (2)(a) A towing-storage operator may charge only the
82 following fees for, or incidental to, the recovery, removal, or
83 storage of a vehicle or vessel:
84 1. A reasonable hazardous waste fee.
85 2. Any reasonable fee for service authorized by ordinance,
86 resolution, regulation, or rule of the county or municipality in
87 which the service is performed.
88 3. Any reasonable fee for service authorized by contract
89 or agreement between a towing-storage operator and a county,
90 municipality, or other governmental agency.
91 4. Any reasonable fee for service authorized by rule of
92 the Department of Highway Safety and Motor Vehicles.
93 5. Any reasonable fee for service as agreed upon in
94 writing between a towing-storage operator and the owner of a
95 vehicle or vessel.
96 6. Any lien release administrative fee as set forth in
97 paragraph (15)(a).
98 7. Any reasonable administrative fee or charge imposed by
99 a county or municipality pursuant to s. 125.01047, s. 166.04465,
100 or s. 323.002 upon the registered owner or other legally
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101 authorized person in control of a vehicle or vessel.
102 (b) If a towing-storage operator Whenever a person
103 regularly engaged in the business of transporting vehicles or
104 vessels by wrecker, tow truck, or car carrier recovers, removes,
105 or stores a vehicle or vessel upon instructions from:
106 1.(a) The owner thereof;
107 2.(b) The owner or lessor, or a person authorized by the
108 owner or lessor, of property on which such vehicle or vessel is
109 wrongfully parked, and the removal is done in compliance with s.
110 715.07;
111 3.(c) The landlord or a person authorized by the landlord,
112 when such motor vehicle or vessel remained on the premises after
113 the tenancy terminated and the removal is done in compliance
114 with s. 83.806 or s. 715.104; or
115 4.(d) Any law enforcement agency, any county or
116 municipality, or any other governmental agency, she or he shall
117 have a lien on the vehicle or vessel for a reasonable towing
118 fee, for a reasonable administrative fee or charge imposed by a
119 county or municipality, and for a reasonable storage fee; except
120 that a storage fee may not be charged if the vehicle or vessel
121 is stored for fewer than 6 hours.
122 (4)(a) A towing-storage operator person regularly engaged
123 in the business of recovering, towing, or storing vehicles or
124 vessels who comes into possession of a vehicle or vessel
125 pursuant to paragraph (2)(b) subsection (2), and who claims a
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126 lien for recovery, towing, or storage services, must shall give
127 notice, by certified mail, pursuant to subsection (16), to the
128 registered owner, the insurance company insuring the vehicle
129 notwithstanding s. 627.736, and all persons claiming a lien
130 thereon, as disclosed by the records in the Department of
131 Highway Safety and Motor Vehicles or as disclosed by the records
132 of any corresponding agency in any other state in which the
133 vehicle is identified through a records check of the National
134 Motor Vehicle Title Information System or an equivalent
135 commercially available system as being titled or registered.
136 (b) Whenever a law enforcement agency authorizes the
137 removal of a vehicle or vessel or whenever a towing service,
138 garage, repair shop, or automotive service, storage, or parking
139 place notifies the law enforcement agency of possession of a
140 vehicle or vessel pursuant to s. 715.07(2)(a)2., if an approved
141 third-party service cannot obtain the vehicle's or vessel's
142 owner, lienholder, and insurer information or last state of
143 record pursuant to subsection (16), the law enforcement agency
144 of the jurisdiction where the vehicle or vessel is stored shall
145 contact the Department of Highway Safety and Motor Vehicles, or
146 the appropriate agency of the state of registration, if known,
147 within 24 hours through the medium of electronic communications,
148 giving the full description of the vehicle or vessel. Upon
149 receipt of the full description of the vehicle or vessel, the
150 department shall search its files to determine the owner's name,
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151 the insurance company insuring the vehicle or vessel, and
152 whether any person has filed a lien upon the vehicle or vessel
153 as provided in s. 319.27(2) and (3) and notify the applicable
154 law enforcement agency within 72 hours. The person in charge of
155 the towing service, garage, repair shop, or automot ive service,
156 storage, or parking place shall request obtain such information
157 from the applicable law enforcement agency within 5 days after
158 the date of storage and shall give notice pursuant to paragraph
159 (a). The department may release the insurance company
160 information to the requestor notwithstanding s. 627.736.
161 (c) The notice of lien must be sent by certified mail to
162 the registered owner, the insurance company insuring the vehicle
163 notwithstanding s. 627.736, and all other persons claiming a
164 lien thereon within 4 7 business days, excluding a Saturday, and
165 Sunday, or federal legal holiday, after the date of storage of
166 the vehicle or vessel. However, in no event shall the notice of
167 lien be sent less than 30 days before the sale of the vehicle or
168 vessel. The notice must state:
169 1. If the claim of lien is for a vehicle, the last 8
170 digits of the vehicle identification number of the vehicle
171 subject to the lien, or, if the claim of lien is for a vessel,
172 the hull identification number of the vessel subject to the
173 lien, clearly printed in the delivery address box and on the
174 outside of the envelope sent to the registered owner and all
175 other persons claiming an interest in therein or lien on the
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176 vehicle or vessel thereon.
177 2. The name, physical address, and telephone number of the
178 lienor, and the entity name, as registered with the Division of
179 Corporations, of the business where the towing and storage
180 occurred, which must also appear on the outside of the envelope
181 sent to the registered owner and all other persons cl aiming an
182 interest in or lien on the vehicle or vessel.
183 3. The fact of possession of the vehicle or vessel.
184 4. The name of the person or entity that authorized the
185 lienor to take possession of the vehicle or vessel.
186 5. That a lien as provided in paragraph (2)(b) subsection
187 (2) is claimed.
188 6. That charges have accrued and include an itemized
189 statement of the amount thereof.
190 7. That the lien is subject to enforcement under law and
191 that the owner or lienholder, if any, has the right to a hearing
192 as set forth in subsection (5).
193 8. That any vehicle or vessel that remains unclaimed, or
194 for which the charges for recovery, towing, or storage services
195 remain unpaid, may be sold free of all prior liens 35 days after
196 the vehicle or vessel is stored by the lienor, if an older
197 model, the vehicle or vessel is more than 3 years of age or 65
198 50 days after the vehicle or vessel is stored by the lienor, if
199 a newer model the vehicle or vessel is 3 years of age or less.
200 9. The address at which the vehicle or vessel is
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201 physically located.
202 (d) The notice of lien may not be sent to the registered
203 owner, the insurance company insuring the vehicle or vessel, and
204 all other persons claiming a lien thereon less than 30 days
205 before the sale of the vehicle or vessel, if an older model, or
206 60 days before the sale of the vehicle or vessel, if a newer
207 model.
208 (e) If attempts to locate the name and address of the
209 owner or lienholder prove unsuccessful, the towing-storage
210 operator shall, after 4 7 business days, excluding a Saturday,
211 and Sunday, or federal legal holiday, after the initial tow or
212 stora