The Florida Senate
BILL ANALYSIS AND FISCAL IMPACT STATEMENT
(This document is based on the provisions contained in the legislation as of the latest date listed below.)
Prepared By: The Professional Staff of the Committee on Rules
BILL: CS/CS/SB 760
INTRODUCER: Rules Committee; Transportation Committee; and Senator Perry
SUBJECT: Wrecker and Towing-storage Operators
DATE: April 25, 2023 REVISED:
ANALYST STAFF DIRECTOR REFERENCE ACTION
1. Jones Vickers TR Fav/CS
2. Hackett Ryon CA Favorable
3. Jones Twogood RC Fav/CS
Please see Section IX. for Additional Information:
COMMITTEE SUBSTITUTE - Substantial Changes
I. Summary:
CS/CS/SB 760 makes changes related to wrecker operator systems and towing-storage operator
practices, including allowable fees, payment acceptance, lien requirements, sale of unclaimed
vehicles, and record retention. Specifically, the bill:
 Prohibits the Florida Highway Patrol from excluding a wrecker operator from its wrecker
operator system based solely on a prior felony conviction, unless such conviction is for a
specified felony offense.
 Provides that a towing-storage operator may only charge certain fees.
 Requires towing-storage operators accept specified forms of payment.
 Reduces the timeframe in which a towing-storage operator must send the notice of lien, from
seven to four business days, and reduces storage charges that may be charged if a lienor fails
to provide this notice, also from seven to four days.
 Increases the timeframe an unclaimed vehicle or vessel three years of age or newer may be
sold by a lienor, from 50 days to 65 days from the storage date, and requires the notice of lien
must not be sent less than 60 days before the sale.
 Increases the timeframe for the public notice requirement related to sale on an unclaimed
vehicle by a towing-storage operator, from ten days to 20 days before the sale.
 Clarifies that the third-party vendor must “substantially” comply with the notification to
enforce a lien.
 Prohibits a towing-storage operator from releasing a towed rental vehicle or vessel to a renter
unless the rental company appoints the renter as an agent of the company.
BILL: CS/CS/SB 760 Page 2
 Requires a towing-storage operator to make a towed vehicle available for inspection during
normal business hours within 30 minutes after arrival at a storage facility.
 Requires a towing-storage operator accept electronic titles as well as paper titles as evidence
of a person’s interest in a vehicle or vessel.
 Requires a towing-storage operator retain records of all vehicles and vessels recovered,
towed, or stored; all notice publications and certified mailings; and fees imposed under
s. 713.78, F.S., for at least three years.
 Provides that foreclosing a storage lien on a vehicle or vessel must be through the process set
forth in s. 713.78, F.S., as opposed to the warehouse lien and landlord and tenant statutes.
 Creates notice and bond requirements for foreclosure of storage liens on vehicles or vessels
held by self-storage facilities.
The bill does not appear to have a fiscal impact on state or local government.
The bill takes effect July 1, 2023.
II. Present Situation:
Florida Highway Patrol Wrecker Operator System
Section 321.051, F.S. authorizes the Florida Highway Patrol (FHP) to establish a wrecker
operator system using qualified, reputable wrecker operators for removal and storage of wrecked
or disabled vehicles from a crash scene or for removal and storage of abandoned vehicles. All
reputable wrecker operators shall be eligible for use in the system provided their equipment and
drivers meet recognized safety qualifications and mechanical standards set by FHP rules. The
FHP has established rules for wrecker qualifications that apply only for those wreckers who
participate in FHP’s wrecker operator system.1
Rule 15B-9.007, F.A.C., provides FHP grounds to deny inclusion of, remove, or suspend a
wrecker operator from FHP’s wrecker rotation list. The rule includes removal from the list for
“lack of reputability of a wrecker operator,” which means, “FHP cannot trust the wrecker
operator to safeguard the welfare and property of the public.” This includes, but is not limited to:
 Conviction of any felony without restoration of the person’s civil rights; and
 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.
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.
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. This
apportionment may occur through the creation of geographic zones, a rotation schedule, or a
combination of those methods.2 Any wrecker operator that is included in the wrecker operator
1
Chapter 15B-9, F.A.C.
2
Section 323.002(1)(c), F.S.
BILL: CS/CS/SB 760 Page 3
system is an “authorized wrecker operator” in the jurisdiction, while any wrecker operation not
included is an “unauthorized wrecker operator.”3
Counties must establish maximum rates for the towing of vehicles or vessels removed from
private property, as well as the towing and storage of vehicles or vessels removed from the scene
of an accident or from where the vehicle or vessel is towed at the request of a law enforcement
officer. Municipalities are also authorized to adopt maximum rate ordinances. If a municipality
enacts an ordinance to establish towing fees, the county ordinance will not apply within the
municipality. 4
Towing and Wrecker Companies
Towing and wrecker companies are licensed and regulated by county ordinances in the counties
in which they operate.5 These ordinances may establish license application procedures and fees,
maximum towing rates, towing authorization requirements, and penalties for ordinance
violations, among other things.6
State law does not require towing and wrecker companies to accept specific forms of payment.
However, 11 states mandate towing companies accept credit cards as a form of payment.7
Liens for Recovering, Towing, or Storing Vehicles or Vessels
Liens are claims against property that evidence a debt, obligation, or duty. Liens can be created
by judgment, equity, agreement, or statute. 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.
Liens on a vehicle or vessel for towing and storage charges are created in statute.8
A wrecker operator or other person engaged in the business of transporting vehicles or vessels
who recovers, removes, or stores a vehicle or vessel possesses a lien on the vehicle or vessel for
a reasonable towing fee, an administrative fee or charge imposed by a county or municipality,
and a storage fee (for a vehicle or vessel stored for six hours or more) if the vehicle or vessel is
removed upon instructions from:
 The owner of the vehicle or vessel;
3
Section 323.002(1)(a)-(b), F.S.
4
Sections 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.
5
See, e.g., Hillsborough County, Towing Companies, available at
https://www.hillsboroughcounty.org/businesses/entrepreneur-and-small-business-support/business-licensing/towing-
companies ; Orange County, Towing Information, available at
http://www.orangecountyfl.net/traffictransportation/towingandparkinginformation/towinginformation.aspx#.XHdwbVxKiUk
(last visited March 31, 2023).
6
See, e.g., Miami-Dade County, Towing License, available at
https://www8.miamidade.gov/global/license.page?Mduid_license=lic1495741572333567 (last visited March 31, 2023).
7
Van Cleef, Jacob and Murray, Teresa, Towing Kickbacks: Only one-third of states ban incentives to property owners, law
enforcement (April 26, 2022), PIRG, available at https://pirg.org/resources/towing-kickbacks-only-one-third-states-ban-
incentives-property-owners-law-enforcement/ (last visited March 31, 2023).
8
Section 713.78, F.S.
BILL: CS/CS/SB 760 Page 4
 The owner, lessor, or authorized person acting on behalf of the owner or lessor of property on
which the vehicle or vessel is wrongly parked (as long as the removal is performed according
to 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 expiration of tenancy and the removal is performed
pursuant to enforcing a lien pursuant to s. 83.806, F.S., or for the removal of property left
after a lease is vacated under s. 715.104, F.S.; or
 Any law enforcement agency.9
A wrecker operator who claims a lien is required to give notice, by certified mail, to the
registered owner, the insurance company insuring the vehicle, and all persons claiming a lien, as
disclosed by the records in the Department of Highway Safety and Motor Vehicles (DHSMV) or
as disclosed by the records of any corresponding agency in any other state in which the vehicle is
identified through a records check.
A towing-storage operator currently must use a third-party service10 approved by the DHSMV to
transmit the notice (as well as any other notices required under s. 713.78, F.S.). If there is no
approved service, the operator may mail the notice and provide evidence of compliance upon
application for a certificate of title.11 The notice of lien must be sent by certified mail within
seven business days after the date of storage of the vehicle or vessel.12
A lienor or its agent may charge an administrative fee13 to the registered owner or other person
claiming a lien against the vehicle or vessel for a release from the lien, not to exceed $250.14
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,15 the law enforcement agency where the vehicle or vessel is stored must contact the
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.16 The DHSMV, or appropriate state agency,
must search its records to determine the identity of the owner, the company insuring the vehicle
9
Section 713.78(2), F.S.
10
The term “third-party service” is defined in s. 713.78(16)(a), F.S., to mean a qualified business entity that, upon a request
submitted through a website by an operator: 1) Accesses the National Motor Vehicle Title Information System records to
obtain the last state of record of the vehicle; 2) Accesses the owner, lienholder, and insurer information, as applicable, for a
vehicle or vessel from the DHSMV; 3) Electronically generates the notices required of a towing-storage operator through the
website; 4) Prints and sends the notices to each owner, lienholder, and insurer of record by certified mail; 5) Electronically
returns tracking information or other proof of mailing and delivery of the notices to the towing-storage operator; and 6)
Electronically reports to the DHSMV via an electronic data exchange process certain information related to the towing and
storage notice.
11
Section 713.78(16), F.S.
12
Section 713.78(4)(a) and (c), F.S.
13
Defined to mean a lien fee or any fee imposed by the lienor or the lienor’s agent for administrative costs added to the
amount due for towing and storing the vehicle or vessel. Section 713.78(15)(a), F.S.
14
Id.
15
Within 30 minutes after completion of a tow or removal from private property without the consent of the registered owner
or other legally authorized person, a towing-storage operator must notify the municipal police department, or, in an
unincorporated area, the sheriff, of the tow or removal, the storage site, the time of the tow or removal, and the make, model,
color, and license plate number of the vehicle or description and registration number of the vessel. S. 715.07(2)(a)2., F.S.
16
Section 713.78(4)(b), F.S.
BILL: CS/CS/SB 760 Page 5
or vessel, and any lienholders and provide the information to the law enforcement agency within
72 hours.17 The towing-storage operator must obtain such information from the law enforcement
agency within 5 days after the date of storage and provide the required notice.18
If 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”19 has been made, including a records check of the DHSMV database and of the National
Motor Vehicle Title Information System.20
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.21
Inspection of Vehicles and Vessels and Release of Property
Towing and storage operators must permit vehicle or vessel owners, lienholders, insurance
company representatives, or agents to inspect a towed vehicle or vessel and release to that person
the vehicle, vessel, or all personal property that was not affixed when the vehicle or vessel came
into the custody of the towing or storage operator.22 The authorization of agency must be
documented in an original writing acknowledged by the owner before a notary public or
someone authorized to administer oaths.
Whoever violates the inspection and release provisions contained in s. 713.78(10) , F.S., is guilty
of a third degree felony23 which is punishable by a fine that does not exceed $5,00024 and
imprisonment that does not exceed five years.25
Bond to Release Vehicle or Vessel
The owner or lienholder of a vehicle or vessel subject to a lien for towing and storage charges
may, within ten days after learning of the location of the vehicle or vessel, file a complaint in the
county court of the county where the vehicle or vessel is stored to determine whether the vehicle
or vessel was wrongfully taken or withheld.26 The vehicle or vessel must be released if, at any
17
Id.
18
Id.
19
Section 713.78(5)(e), F.S., defines the term to mean that the operator has performed a list of “checks” of items such as
searching specified databases and information systems; looking for any type of tag, tag record, temporary or regular tag on
the vehicle or vessel; or looking for the vehicle identification number or the vessel registration number.
20
“The National Motor Vehicle Title Information System (NMVTIS) is a system that allows the titling agency to instantly
and reliably verify the information on the paper title with the electronic data from the state that issued the title.” See
AAMVA, National Motor Vehicle Title Information System (NMVTIS), available at
https://www.aamva.org/technology/systems/vehicle-systems/nmvtis# (last visited March 31, 2023).
21
Section 713.78(9), F.S.
22
Section 713.78(10), F.S.
23
Section 713.78(12)(b), F.S.
24
Section 775.083(1)(c), F.S.
25
Section 775.082(3)(e), F.S. Additional penalties may apply for certain habitual felony offenders under s. 775.084, F.S.
26
Section 713.78(5)(a), F.S.
BILL: CS/CS/SB 760 Page 6
time before sale of the vehicle or vessel, the owner or lienholder posts with the court cash or a
surety bond or other adequate security to ensure the payment of charges owed for towing and
storage should the owner or lienholder not prevail in litigation.27 After posting bond, the clerk
must issue a notice of the bond to the towing-storage