HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: CS/HB 701 Wrecker and Towing-Storage Operators
SPONSOR(S): Transportation & Modals Subcommittee, Bell
TIED BILLS: IDEN./SIM. BILLS: CS/SB 760
REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF
1) Transportation & Modals Subcommittee 15 Y, 0 N, As CS Johnson Hinshelwood
2) Civil Justice Subcommittee 16 Y, 0 N Mawn Jones
3) Infrastructure Strategies Committee
SUMMARY ANALYSIS
A lien is a claim against property that evidences a debt, obligation, or duty. Under Florida law, towing-storage
operators and other parties may claim a lien on motor vehicles or vessels under specified circumstances.
Further, the Florida Highway Patrol (“FHP”) has the right to include or deny from inclusion persons wishing to
participate in FHP’s wrecker operator service where such persons are deemed unqualified or lacking in repute.
CS/HB 701:
 Prohibits FHP from taking specified actions against a wrecker operator based solely on a prior felony
conviction, unless such conviction was for a forcible felony.
 Defines the term “towing-storage operator” and makes conforming changes.
 Specifies the fees which a towing-storage operator may charge for specified services.
 Requires a towing-storage operator to accept specified electronic payment methods.
 Deletes a provision requiring a law enforcement agency to contact the DHSMV after a vehicle or vessel
is removed, towed, or stored in specified situations and the DHSMV’s corresponding obligations.
 Modifies timelines pertinent to the sending of a notice of lien by a towing-storage operator.
 Modifies the requirements for an owner or lienholder to have his or her vehicle or vessel released.
 Clarifies when a final order issued by a court determining whether a vehicle or vessel was wrongfully
taken or withheld must provide for immediate payment in full of recovery, towing, and storage fees.
 Clarifies when specified liens on a vehicle’s or vessel’s title certificate must be discharged after the
vehicle or vessel’s sale.
 Modifies those actions that preclude a towing-storage operator from imposing storage charges.
 Specifies that a rental car agreement is not evidence that the person who rented the vehicle is an agent
of the vehicle’s owner and that a towing-storage operator may not release a vehicle owned by a rental
car company to the vehicle’s renter unless the rental car company appoints such renter as its agent.
 Provides that a towing-storage operator must allow specified parties to inspect a towed vehicle or
vessel, make such a vehicle or vessel available for inspection under specified conditions, and release
to such parties all personal property not affixed to the vehicle or vessel which was in the vehicle or
vessel when it came into the towing-storage operator’s custody.
 Requires a towing-storage operator to accept both an electronic or a paper title as evidence of a
person’s interest in a vehicle or vessel.
 Requires a towing-storage operator to maintain specified records for three years.
 Extends provisions authorizing specified parties to obtain, by filing a surety bond with the clerk of the
circuit court, a release of a lien on a motor vehicle claimed by a motor vehicle repair shop to vessels
and to liens claimed by a towing-storage operator.
 Specifies that a lien on a nonresidential or self-service storage space tenant’s or lessee’s vehicle or
vessel, or a warehouse lien on a vehicle or vessel, must be foreclosed under s. 713.78, F.S.
The bill does not appear to have a fiscal impact on state or local governments. The bill provides an effective
date of July 1, 2023.
This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives .
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DATE: 3/27/2023
 FULL ANALYSIS
I. SUBSTANTIVE ANALYSIS
A. EFFECT OF PROPOSED CHANGES:
Wrecker Operator System – Background
Florida Highway Patrol Wrecker Operator System
Florida Law authorizes the Florida Highway Patrol (“FHP”), a division with the Department of Highway
Safety and Motor Vehicles (“DHSMV”), to establish a wrecker operator system using qualified,
reputable wrecker operators for the removal and storage of wrecked or disabled vehicles from a crash
scene or for removal and storage of abandoned vehicles, in the event the owner or operator is
incapacitated or unavailable or leaves the procurement of wrecker service to the officer at the scene. 1
All reputable wrecker operators are eligible for use in the system provided their equipment and drivers
meet recognized safety qualifications and mechanical standards set by FHP’s rules for the size of
vehicle it is designed to handle.2 However, FHP may limit the number of wrecker operators participating
in the system, which authority does not affect wrecker operators currently participating in the system. 3
To regulate wrecker operators participating in the system, FHP has promulgated administrative rules
(“Rules”) relating to wrecker qualifications and allocation. 4 Such Rules, designed to assist state
highway users by ensuring that only qualified, reputable wrecker operators and equipment are provided
for vehicle removal, require FHP to perform a background check on each driver before approving him
or her for participation in the system and specify requirements and procedures for a wrecker operator’s
inclusion in, or removal or suspension from, the wrecker rotation list. 5 Under the Rules, a lack of
reputability, meaning that FHP cannot trust the wrecker operator to safeguard the welfare and property
of the public, must result in a wrecker operator’s removal from the rotation list. 6 For the purposes of that
Rule, a lack of reputability includes, but is not limited to, the following:
 Conviction of any felony without restoration of the person’s civil rights;
 Conviction of any felony or first-degree misdemeanor directly related to the business of
operating a wrecker, regardless of whether civil rights have been restored;7 and
 Responding to a call while under the influence of alcohol or any controlled or chemical
substance.8
A final order denying, suspending, or revoking a wrecker operator's participation in the system is
reviewable in the manner and within the time provided by the Florida Rules of Appellate Procedure only
by a writ of certiorari issued by the circuit court in the county where such wrecker operator resides. 9
Forcible Felonies
Section 776.08, F.S., defines the term “forcible felony” to mean treason; murder; manslaughter; sexual
battery; carjacking; home-invasion robbery; robbery; burglary; arson; kidnapping; aggravated assault;
aggravated battery; aggravated stalking; aircraft piracy; unlawful throwing, placing, or discharging of a
destructive device or bomb; and any other felony which involves the use or threat of physical force or
violence against any individual.
Wrecker Operator System – Effect of Proposed Changes
1 S. 321.051, F.S.
2 Id.
3 Id.
4 See Ch. 15B-9, F.A.C.
5 Rr. 15B-9.006 and 15B-9.008, F.A.C.
6 R. 15B-9.007, F.A.C.
7 For the purpose of Rule 15B-9007, F.A.C., any offense involving perjury or false statement is considered to be directly related to the
business of operating a wrecker.
8 R. 15B-9.007, F.A.C.
9 S. 321.051(2), F.S.
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 CS/HB 701 prohibits FHP from excluding a wrecker operator from the system or failing to designate
him or her as an authorized wrecker operator 10 based solely on a prior felony conviction, unless such
conviction is for a forcible felony.
Wrecker Operator Fees and Charges – Background
County and Municipal Wrecker Operator Systems
A county or municipal government may contract with one or more wrecker operators to tow or remove
wrecked, disabled, or abandoned vehicles from streets, highways, and accident sites. 11 After the
establishment of such contracts, the county or municipality must create a “wrecker operator system” to
apportion towing assignments between the contracted wrecker services, which apportionment may
occur through the creation of geographic zones, a rotation schedule, or a combination of those
methods.12 Any wrecker operator that is included in the local government’s wrecker operator system is
an “authorized wrecker operator” in the jurisdiction, while any wrecker operator not included is an
“unauthorized wrecker operator.”13
Counties must establish maximum rates for the towing of vehicles or vessels removed from private
property; for the removal and storage of wrecked or disabled vehicles or vessels from an accident
scene; and for the removal and storage of vehicles or vessels in the event the owner or operator is
incapacitated, unavailable, leaves the procurement of wrecker service to the law enforcement officer at
the scene, or otherwise does not consent to the vehicle or vessel’s removal. 14 Municipalities may also
adopt maximum rate ordinances, and where a municipality does so, the county ordinance will not apply
within the municipality.15
Licensing and Payment of Towing and Wrecker Companies
Towing and wrecker companies are licensed and regulated by county ordinances enacted in the
counties in which they operate.16 These ordinances may establish license application procedures and
fees, maximum towing rates, towing authorization requirements, and penalties for ordinance violations,
among other things.17
While a county may prohibit a towing and wrecker company licensed in their jurisdiction from accepting
payment only in the form of cash, Florida law does not have a similar requirement. However, eleven
states require towing companies to accept some form of electronic payment method.18 Further, Florida
law does not limit the types of fees which a towing and wrecker company may assess to a vehicle’s or
vessel’s owner or operator.
10 Section 321.051(1)(a), F.S., defines the term “authorized wrecker operator” to mean any wrecker operator who has been designa ted
by the Florida Highway Patrol as part of the wrecker operator system.
11 S. 323.002, F.S.
12
S. 323.002(1)(c), F.S.
13 S. 323.002(1)(a)-(b), F.S.
14 S. 125.0103(1)(c), F.S.
15 Ss. 125.0103(1)(c) and 166.043(1)(c), F.S. Section 715.07, F.S., relates to the towing and storage of vehicles or vessels illegally
parked on private property without the consent of the registered owner or other legally authorized person in control of the vehicle.
16 See, e.g., Hillsborough County, Towing Companies, https://www.hillsboroughcounty.org/businesses/entrepreneur-and-small-
business-support/business-licensing/towing-companies (last visited March 27, 2023); Orange County, Towing Information,
http://www.orangecountyfl.net/traffictransportation/towingandparkinginformation/towinginformation.aspx#.XHdwbVxKiUk (last visited
Mar. 27, 2023).
17 See, e.g., Miami-Dade County, Towing License,
https://www8.miamidade.gov/global/license.page?Mduid_license=lic1495741572333567 (last visited Mar. 27, 2023).
18 Van Cleef, Jacob and Murray, Teresa, Towing Kickb acks: Only One-Third of States Ban Incentives to Property Owners, Law
Enforcement (April 26, 2022), PIRG, https://pirg.org/resources/towing-kickbacks-only-one-third-states-ban-incentives-property-owners-
law-enforcement/ (last visited Mar. 27, 2023).
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 Wrecker Operator Fees and Charges – Effect of Proposed Changes
CS/HB 701 defines “towing-storage operator” as a person who regularly engages in the business of
transporting vehicles or vessels by wrecker, tow truck, or car carrier, and makes conforming changes.
The bill also:
 Provides that a towing-storage operator may charge only the following fees for, or incidental to,
a vehicle’s or vessel’s recovery, removal, or storage:
o A reasonable hazardous waste fee;
o A reasonable fee for a service authorized by ordinance of the local government in which
the service is performed;
o A reasonable fee for a service authorized by rule of the DHSMV;
o A lien release administrative fee as specified in Florida law; and
o A reasonable administrative fee or charge imposed by a county or municipality upon a
vehicle’s or vessel’s owner.
 Requires a towing-storage operator to accept credit cards, debit cards, or other electronic
payment methods.
Liens for Recovering, Towing, or Storing Vehicles and Vessels – Background
Liens Generally
A lien is a claim against property that evidences a debt, obligation, or duty. 19 A lien can be created by
judgment, equity, agreement, or statute.20 The rights and duties of a lienholder depend on the type of
lien created and are generally set out in the order, agreement, or statute creating the lien. 21 A statutory
lien expires in the manner and method set forth in statute, and a consensual lien expires according to
the terms of the parties’ agreement.22
Towing-Storage Liens
Under s. 713.78, F.S., a towing-storage operator or other person engaged in the business of
transporting vehicles or vessels who recovers, removes, or stores a vehicle or vessel has a lien on the
vehicle or vessel for a reasonable towing fee, an administrative fee or charge imposed by a local
government, and a storage fee (for a vehicle or vessel stored for 6 hours or more) if the vehicle or
vessel is removed upon instructions from:
 The vehicle’s or vessel’s owner;
 The owner, lessor, or authorized person acting on behalf of the owner/lessor, of property on
which the vehicle or vessel is wrongfully parked (if the removal is done in compliance with s.
715.07, F.S.);
 The landlord or authorized person acting on behalf of a landlord, when the vehicle or vessel
remains on the property after the tenancy terminated and the removal is done in compliance
with s. 83.806, F.S. or s. 715.104, F.S.; or
 Any law enforcement agency.23
Notice of Lien
A towing-storage operator who claims such a lien must give notice of the lien, by certified mail, to the
registered owner, the insurance company insuring the vehicle, and all persons claiming a lien on the
vehicle or vessel, as disclosed in DHSMV records or as disclosed by the records of any corresponding
agency in any other state in which the vehicle or vessel is identified through a records check.24
19 Fla. Jur. 2d Liens § 37:1
20 Id.
21 Id.
22 Id.
23 S. 713.78, F.S.
24 Id.
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 However, a towing-storage operator must use a DHSMV-approved third-party service25 to transmit the
notice of lien (as well as any other notices required under s. 713.78, F.S.). 26 If there is no approved
third-party service, the towing-storage operator may mail the notice and provide evidence of
compliance upon application for a certificate of title or destruction.27
In either case, the notice of lien must be sent by certified mail within seven business days after the date
of the vehicle’s or vessel’s storage.28 Where a towing-storage operator is unsuccessful in locating the
name and address of the owner or other lienholder, the operator must, after seven business days after
the initial tow or storage, notify the jurisdictional entity where the vehicle or vessel is stored, in writing
by certified mail or acknowledged hand delivery, that the operator has been unable to locate the name
and address, a physical search of the vehicle or vessel has revealed no ownership information, and a
“good faith effort”29 has been made, including a records check of the DHSMV database and of the
National Motor Vehicle Title Information System (NMVTIS).30 Failure of the towing-storage operator to
make a good faith effort to identify the owner or lienholder of the vehicle or vessel precludes the towing-
storage operator from assessing any storage charges.31
Law Enforcement Requirements
If a law enforcement agency authorized a towing-storage operator to remove a vehicle or vessel, or a
towing-storage operator notifies a law enforcement agency of possession of a towed vehicle or
vessel,32 the law enforcement agency where the vehicle or vessel is stored must contact DHSMV, or
the appropriate agency in the state of registration, if known, within 24 hours and provide a full
description of the vehicle or vessel.33 DHSMV, or appropriate state agency, must search its records to
determine the identity of the owner, the company insuring the vehicle or vessel, and any lienholders
and provide the information to the law enforcement agency within 72 hours.34 The towing-storage
operator must obtain such information from the law enforc