Florida Senate - 2024 SB 202 By Senator Rodriguez 40-00418-24 2024202__ Page 1 of 23 CODING: Words stricken are deletions; words underlined are additions. A bill to be entitled 1

An act relating to towing and storage; amending s. 2 713.78, F.S.; defining the terms “newer model,” “older 3 model,” and “towing-storage operator”; authorizing a 4 towing-storage operator to charge certain fees; 5 providing that a lien can be placed only on specified 6 fees; revising requirements for law enforcement 7 agencies and the Department of Highway Safety and 8 Motor Vehicles relating to the removal of vehicles or 9 vessels; requiring certain notice requirements are met 10 by towing-storage operators to interested persons of 11 vehicles or vessels; revising requirements for notices 12 of lien; revising requirements relating to towing-13 storage operators providing notice to public agencies 14 of jurisdiction; revising the timeframe in which 15 certain unclaimed vehicles or vessels may be sold; 16 revising requirements for notices of sale; prohibiting 17 towing-storage operators from collecting storage 18 charges if they fail to substantially comply with the 19 notice requirements; revising provisions regarding 20 permission to inspect a vehicle or vessel; requiring 21 that a vehicle or vessel be made available for 22 inspection within a specified timeframe; providing an 23 owner, lienholder, or insurance company representative 24 may designate an agent if certain requirements are 25 met; prohibiting vehicle or vessel rental agreements 26 as being evidence of ownership or agency of vehicle or 27 vessel for a person who rents the vehicle or vessel; 28 requiring a towing-storage operator to accept certain 29

Florida Senate - 2024 SB 202 40-00418-24 2024202__ Page 2 of 23 CODING: Words stricken are deletions; words underlined are additions. documents as evidence of a person’s interest in a 30 vehicle or vessel; revising criminal penalties; 31 requiring a towing storage operator to maintain 32 certain records for at least a specified timeframe; 33 requiring towing-storage operators to accept certain 34 types of payment; prohibiting certain persons from 35 being required to furnish more than one form of 36 current government photo identification for purposes 37 of verifying their identity; preempting specified 38 local regulations; making technical changes; amending 39 s. 715.07, F.S.; conforming a cross-reference; 40 providing an effective date. 41 42 Be It Enacted by the Legislature of the State of Florida: 43 44

Section 1. Subsections (1), (2), and (4), paragraph (

a) of 45 subsection (5), subsections (6), (9), and (10), paragraph (

a) of 46 subsection (11), paragraph (

a) of subsection (12), and 47 paragraphs (a), (b), and (

d) of subsection (13) of

section 48 713.78, Florida Statutes, are amended, and subsections (18) and 49 (19) are added to that section, to read: 50 713.78 Liens for recovering, towing, or storing vehicles 51 and vessels.— 52

(1) For the purposes of this section, the term: 53 (f)(a) “Vehicle” means any mobile item, whether motorized 54 or not, that which is mounted on wheels. 55 (g)(b) “Vessel” means every description of watercraft, 56 barge, and airboat used or capable of being used as a means of 57 transportation on water, other than a seaplane or a “documented 58

Florida Senate - 2024 SB 202 40-00418-24 2024202__ Page 3 of 23 CODING: Words stricken are deletions; words underlined are additions. vessel” as defined in s. 327.02. 59 (h)(c) “Wrecker” means any truck or other vehicle that 60 which is used to tow, carry, or otherwise transport motor 61 vehicles or vessels upon the streets and highways of this state 62 and which is equipped for that purpose with a boom, winch, car 63 carrier, or other similar equipment. 64 (b)(d) “National Motor Vehicle Title Information System” 65 means the federally authorized electronic National Motor Vehicle 66 Title Information System. 67 (a)(e) “Equivalent commercially available system” means a 68 service that charges a fee to provide vehicle information and 69 that at a minimum maintains records from those states 70 participating in data sharing with the National Motor Vehicle 71 Title Information System. 72 (c) “Newer model” means a vehicle or vessel whose model 73 year is newer than an older model. 74 (d) “Older model” means a vehicle or vessel whose model 75 year is older than the 2 model years previous to the model year 76 corresponding to the current calendar year. 77 (e) “Towing-storage operator” means a person who regularly 78 engages in the business of transporting vehicles or vessels by 79 wrecker, tow truck, or car carrier. 80 (2)(

a) A towing-storage operator may charge only the 81 following fees for, or incidental to, the recovery, removal, or 82 storage of a vehicle or vessel: 83 1. A reasonable hazardous waste fee. 84 2. Any reasonable fee for service authorized by ordinance, 85 resolution, regulation, or rule of the county or municipality in 86 which the service is performed. 87

Florida Senate - 2024 SB 202 40-00418-24 2024202__ Page 4 of 23 CODING: Words stricken are deletions; words underlined are additions. 3. Any reasonable fee for service authorized by contract or 88 agreement between a towing-storage operator and a county, 89 municipality, or other governmental agency. 90 4. Any reasonable fee for service authorized by rule of the 91 Department of Highway Safety and Motor Vehicles. 92 5. Any reasonable fee for service as agreed upon in writing 93 between a towing-storage operator and the owner of a vehicle or 94 vessel. 95 6.

Any lien release administrative fee as set forth in 96 paragraph (15)(a). 97 7. Any reasonable administrative fee or charge imposed by a 98 county or municipality pursuant to s. 125.01047, s. 166.04465, 99 or s. 323.002 upon the registered owner or other legally 100 authorized person in control of a vehicle or vessel. 101 (

b) If a towing-storage operator Whenever a person 102 regularly engaged in the business of transporting vehicles or 103 vessels by wrecker, tow truck, or car carrier recovers, removes, 104 or stores a vehicle or vessel upon instructions from: 105 1.(

a) The owner thereof; 106 2.(

b) The owner or lessor, or a person authorized by the 107 owner or lessor, of property on which such vehicle or vessel is 108 wrongfully parked, and the removal is done in compliance with s. 109 715.07; 110 3.(

c) The landlord or a person authorized by the landlord, 111 when such motor vehicle or vessel remained on the premises after 112 the tenancy terminated and the removal is done in compliance 113 with s. 83.806 or s. 715.104; or 114 4.(

d) Any law enforcement agency, any county or 115 municipality, or any other governmental agency, she or he shall 116

Florida Senate - 2024 SB 202 40-00418-24 2024202__ Page 5 of 23 CODING: Words stricken are deletions; words underlined are additions. have a lien on the vehicle or vessel for a reasonable towing 117 fee, for a reasonable administrative fee or charge imposed by a 118 county or municipality, and for a reasonable storage fee; except 119 that a storage fee may not be charged if the vehicle or vessel 120 is stored for fewer than 6 hours. 121 (4)(

a) A towing-storage operator person regularly engaged 122 in the business of recovering, towing, or storing vehicles or 123 vessels who comes into possession of a vehicle or vessel 124 pursuant to paragraph (2)(b) subsection (2), and who claims a 125 lien for recovery, towing, or storage services, must shall give 126 notice, by certified mail, pursuant to subsection (16), to the 127 registered owner, the insurance company insuring the vehicle 128 notwithstanding s. 627.736, and all persons claiming a lien 129 thereon, as disclosed by the records in the Department of 130 Highway Safety and Motor Vehicles or as disclosed by the records 131 of any corresponding agency in any other state in which the 132 vehicle is identified through a records check of the National 133 Motor Vehicle Title Information System or an equivalent 134 commercially available system as being titled or registered. 135 (

b) Whenever a law enforcement agency authorizes the 136 removal of a vehicle or vessel or whenever a towing service, 137 garage, repair shop, or automotive service, storage, or parking 138 place notifies the law enforcement agency of possession of a 139 vehicle or vessel pursuant to s. 715.07(2)(a)2., if an approved 140 third-party service cannot obtain the vehicle’s or vessel’s 141 owner, lienholder, and insurer information or last state of 142 record pursuant to subsection (16), the law enforcement agency 143 of the jurisdiction where the vehicle or vessel is stored shall 144 contact the Department of Highway Safety and Motor Vehicles, or 145

Florida Senate - 2024 SB 202 40-00418-24 2024202__ Page 6 of 23 CODING: Words stricken are deletions; words underlined are additions. the appropriate agency of the state of registration, if known, 146 within 24 hours through the medium of electronic communications, 147 giving the full description of the vehicle or vessel.

Upon 148 receipt of the full description of the vehicle or vessel, the 149 department shall search its files to determine the owner’s name, 150 the insurance company insuring the vehicle or vessel, and 151 whether any person has filed a lien upon the vehicle or vessel 152 as provided in s. 319.27(2) and (3) and notify the applicable 153 law enforcement agency within 72 hours.

The person in charge of 154 the towing service, garage, repair shop, or automotive service, 155 storage, or parking place shall request obtain such information 156 from the applicable law enforcement agency within 5 days after 157 the date of storage and shall give notice pursuant to paragraph 158 (a). The department may release the insurance company 159 information to the requestor notwithstanding s. 627.736. 160 (

c) The notice of lien must be sent by certified mail to 161 the registered owner, the insurance company insuring the vehicle 162 notwithstanding s. 627.736, and all other persons claiming a 163 lien thereon within 4 7 business days, excluding a Saturday, and 164 Sunday, or federal legal holiday, after the date of storage of 165 the vehicle or vessel. However, in no event shall the notice of 166 lien be sent less than 30 days before the sale of the vehicle or 167 vessel. The notice must state: 168 1.

If the claim of lien is for a vehicle, the last 8 digits 169 of the vehicle identification number of the vehicle subject to 170 the lien, or, if the claim of lien is for a vessel, the hull 171 identification number of the vessel subject to the lien, clearly 172 printed in the delivery address box and on the outside of the 173 envelope sent to the registered owner and all other persons 174

Florida Senate - 2024 SB 202 40-00418-24 2024202__ Page 7 of 23 CODING: Words stricken are deletions; words underlined are additions. claiming an interest in therein or lien on the vehicle or vessel 175 thereon. 176 2. The name, physical address, and telephone number of the 177 lienor, and the entity name, as registered with the Division of 178 Corporations, of the business where the towing and storage 179 occurred, which must also appear on the outside of the envelope 180 sent to the registered owner and all other persons claiming an 181 interest in or lien on the vehicle or vessel. 182 3.

The fact of possession of the vehicle or vessel. 183 4. The name of the person or entity that authorized the 184 lienor to take possession of the vehicle or vessel. 185 5. That a lien as provided in paragraph (2)(b) subsection 186 (2) is claimed. 187 6. That charges have accrued and include an itemized 188 statement of the amount thereof. 189 7. That the lien is subject to enforcement under law and 190 that the owner or lienholder, if any, has the right to a hearing 191 as set forth in subsection (5). 192 8.

That any vehicle or vessel that remains unclaimed, or 193 for which the charges for recovery, towing, or storage services 194 remain unpaid, may be sold free of all prior liens 35 days after 195 the vehicle or vessel is stored by the lienor, if an older 196 model, the vehicle or vessel is more than 3 years of age or 65 197 50 days after the vehicle or vessel is stored by the lienor, if 198 a newer model the vehicle or vessel is 3 years of age or less. 199 9. The address at which the vehicle or vessel is physically 200 located. 201 (

d) The notice of lien may not be sent to the registered 202 owner, the insurance company insuring the vehicle or vessel, and 203

Florida Senate - 2024 SB 202 40-00418-24 2024202__ Page 8 of 23 CODING: Words stricken are deletions; words underlined are additions. all other persons claiming a lien thereon less than 30 days 204 before the sale of the vehicle or vessel, if an older model, or 205 60 days before the sale of the vehicle or vessel, if a newer 206 model. 207 (

e) If attempts to locate the name and address of the owner 208 or lienholder prove unsuccessful, the towing-storage operator 209 shall, after 4 7 business days, excluding a Saturday, and 210 Sunday, or federal legal holiday, after the initial tow or 211 storage, notify the public agency of jurisdiction where the 212 vehicle or vessel is stored in writing by certified mail or 213 electronic delivery acknowledged hand delivery that the towing-214 storage company has been unable to locate the name and address 215 of the owner or lienholder and a physical search of the vehicle 216 or vessel has disclosed no ownership information and a good 217 faith effort has been made, including records checks of the 218 Department of Highway Safety and Motor Vehicles database and the 219 National Motor Vehicle Title Information System or an equivalent 220 commercially available system.

For purposes of this paragraph 221 and subsection (9), the term “good faith effort” means that the 222 following checks have been performed by the company to establish 223 the prior state of registration and for title: 224 1. A check of the department’s database for the owner and 225 any lienholder. 226 2. A check of the electronic National Motor Vehicle Title 227 Information System or an equivalent commercially available 228 system to determine the state of registration when there is not 229 a current registration record for the vehicle or vessel on file 230 with the department. 231 3.

A check of the vehicle or vessel for any type of tag, 232

Florida Senate - 2024 SB 202 40-00418-24 2024202__ Page 9 of 23 CODING: Words stricken are deletions; words underlined are additions. tag record, temporary tag, or regular tag. 233 4. A check of the law enforcement report for a tag number 234 or other information identifying the vehicle or vessel, if the 235 vehicle or vessel was towed at the request of a law enforcement 236 officer. 237 5. A check of the trip sheet or tow ticket of the tow truck 238 operator to determine whether a tag was on the vehicle or vessel 239 at the beginning of the tow, if a private tow. 240 6.

If there is no address of the owner on the impound 241 report, a check of the law enforcement report to determine 242 whether an out-of-state address is indicated from driver license 243 information. 244 7. A check of the vehicle or vessel for an inspection 245 sticker or other stickers and decals that may indicate a state 246 of possible registration. 247 8. A check of the interior of the vehicle or vessel for any 248 papers that may be in the glove box, trunk, or other areas for a 249 state of registration. 250 9. A check of the vehicle for a vehicle identification 251 number. 252 10.

A check of the vessel for a vessel registration number. 253 11. A check of the vessel hull for a hull identification 254 number which should be carved, burned, stamped, embossed, or 255 otherwise permanently affixed to the outboard side of the 256 transom or, if there is no transom, to the outmost seaboard side 257 at the end of the hull that bears the rudder or other steering 258 mechanism. 259 (5)(

a) The owner of a vehicle or vessel removed pursuant to 260 paragraph (2)(b) subsection (2), or any person claiming a lien, 261

Florida Senate - 2024 SB 202 40-00418-24 2024202__ Page 10 of 23 CODING: Words stricken are deletions; words underlined are additions. other than the towing-storage operator, within 10 days after the 262 time she or he has knowledge of the location of the vehicle or 263 vessel, may file a complaint in the county court of the county 264 in which the vehicle or vessel is stored to determine whether 265 her or his property was wrongfully taken or withheld. 266

(6) A vehicle or vessel that is stored pursuant to 267 paragraph (2)(b) subsection (2) and remains unclaimed, or for 268 which reasonable charges for recovery, towing, or storing remain 269 unpaid, and any contents not released pursuant to subsection 270 (10), may be sold by the owner or operator of the storage space 271 for such towing or storage charge 35 days after the vehicle or 272 vessel is stored by the lienor, if an older model, the vehicle 273 or vessel is more than 3 years of age or 65 50 days after the 274 vehicle or vessel is stored by the lienor, if a newer model the 275 vehicle or vessel is 3 years of age or less.

The sale must shall 276 be at public sale for cash.

If the date of the sale was not 277 included in the notice required in subsection (4), notice of the 278 sale must shall be given to the person in whose name the vehicle 279 or vessel is registered and to all persons claiming a lien on 280 the vehicle or vessel as shown on the records of the Department 281 of Highway Safety and Motor Vehicles or of any corresponding 282 agency in any other state in which the vehicle is identified 283 through a records check of the National Motor Vehicle Title 284 Information System or an equivalent commercially available 285 system as being titled.

Notice of the sale must be sent by 286 certified mail to the registered owner of the vehicle or vessel, 287 the insurance company insuring the vehicle or vessel, and the 288 person having the recorded lien on the vehicle or vessel at the 289 address shown on the records of the registered agency at least 290

Florida Senate - 2024 SB 202 40-00418-24 2024202__ Page 11 of 23 CODING: Words stricken are deletions; words underlined are additions. 30 days before the sale of the vehicle or vessel.

The notice 291 must have clearly identified and printed, if the claim of lien 292 is for a motor vehicle, The last 8 digits of the vehicle 293 identification number of the motor vehicle subject to the lien, 294 or, if the claim of lien is for a vessel, the hull 295 identification number of the vessel subject to the lien, must be 296 clearly identified and printed in the delivery address box and 297 on the outside of the envelope sent to the registered owner and 298 all other persons claiming an interest in therein or lien on the 299 vehicle or vessel thereon.

The notice must be sent to the owner 300 of the vehicle or vessel and the person having the recorded lien 301 on the vehicle or vessel at the address shown on the records of 302 the registering agency at least 30 days before the sale of the 303 vehicle or vessel. The notice must state the name, physical 304 address, and telephone number of the lienor, and the vehicle 305 identification number if the claim of lien is for a vehicle or 306 the hull identification number if the claim of lien is for a 307 vessel, all of which must also appear in the return address 308

section on the outside of the envelope containing the notice of 309 sale. After diligent search and inquiry, if the name and address 310 of the registered owner or the owner of the recorded lien cannot 311 be ascertained, the requirements of notice by mail may be 312 dispensed with. In addition to the notice by mail, public notice 313 of the time and place of sale must shall be made by publishing a 314 notice thereof one time, at least 20 10 days before the date of 315 the sale, in a newspaper of general circulation in the county in 316 which the sale is to be held.

The proceeds of the sale, after 317 payment of reasonable towing and storage charges, and costs of 318 the sale, in that order of priority, must shall be deposited 319

Florida Senate - 2024 SB 202 40-00418-24 2024202__ Page 12 of 23 CODING: Words stricken are deletions; words underlined are additions. with the clerk of the circuit court for the county if the owner 320 or lienholder is absent, and the clerk shall hold such proceeds 321 subject to the claim of the owner or lienholder legally entitled 322 thereto. The clerk is shall be entitled to receive 5 percent of 323 such proceeds for the care and disbursement thereof. The 324 certificate of title issued under this

section law shall be 325 discharged of all liens unless otherwise provided by court 326 order. The owner or lienholder may file a complaint after the 327 vehicle or vessel has been sold in the county court of the 328 county in which it is stored. Upon determining the respective 329 rights of the parties, the court may award damages, attorney 330 fees, and costs in favor of the prevailing party. 331

(9) Failure to make good faith efforts to substantially 332 comply with the notice requirements of this

section or precludes 333 the imposition of any storage charges against the vehicle or 334 vessel. If a lienor fails to provide notice to a person claiming 335 a lien on a vehicle or vessel in accordance with subsection (4) 336 precludes the imposition of storage charges against the vehicle 337 or vessel, the lienor may not charge the person for more than 4 338 7 days of storage, but such failure does not affect charges made 339 for towing the vehicle or vessel or the priority of liens on the 340 vehicle or vessel. 341 (10)(

a) A towing-storage operator Persons who provide 342 services pursuant to this

section shall permit vehicle or vessel 343 owners, including rental vehicle or vessel owners, lienholders, 344 insurance company representatives, or their agents, which agency 345 is evidenced by an original writing acknowledged by the owner 346 before a notary public or other person empowered by law to 347 administer oaths, to inspect the towed vehicle or vessel and 348

Florida Senate - 2024 SB 202 40-00418-24 2024202__ Page 13 of 23 CODING: Words stricken are deletions; words underlined are additions. shall release to the owner, lienholder, or agent the vehicle, 349 vessel, or all personal property not affixed to the vehicle or 350 vessel which was in the vehicle or vessel at the time the 351 vehicle or vessel came into the custody of the towing-storage 352 operator person providing such services. 353 (

b) A towing-storage operator must allow the vehicle or 354 vessel owner, rental vehicle or vessel owner, lienholder, 355 insurance company representative, or agent to inspect the towed 356 vehicle or vessel during normal business hours within 30 minutes 357 after proper documentation of vehicle or vessel ownership is 358 verified at the storage site where the vehicle or vessel is 359 stored. 360 (

c) A written agreement designating an agent which is 361 acknowledged by the owner, lienholder, or insurance company 362 representative before a notary public or other person empowered 363 by law to administer oaths is sufficient evidence of agency, and 364 a towing-storage operator must accept a photocopy or electronic 365 image of such agreement as proof of agency. 366 (

d) A rental vehicle or vessel agreement is not evidence 367 that the person who rented a vehicle or vessel is an agent of 368 the rental vehicle or vessel owner. 369 (

e) Towing-storage operators must accept a photocopy or 370 electronic image of a contract, an electronic title, or a paper 371 title as evidence of a person’s interest in a vehicle or vessel. 372 (11)(

a) A towing-storage operator Any person regularly 373 engaged in the business of recovering, towing, or storing 374 vehicles or vessels who comes into possession of a vehicle or 375 vessel pursuant to paragraph (2)(b) subsection (2) and who has 376 complied with the provisions of subsections (4) (3) and (6), 377

Florida Senate - 2024 SB 202 40-00418-24 2024202__ Page 14 of 23 CODING: Words stricken are deletions; words underlined are additions. when such vehicle or vessel is to be sold for purposes of being 378 dismantled, destroyed, or changed in such manner that it is not 379 the motor vehicle or vessel described in the certificate of 380 title, must shall report the vehicle to the National Motor 381 Vehicle Title Information System and apply to the Department of 382 Highway Safety and Motor Vehicles for a certificate of 383 destruction.

A certificate of destruction, which authorizes the 384 dismantling or destruction of the vehicle or vessel described 385 therein, is shall be reassignable a maximum of two times before 386 dismantling or destruction of the vehicle is shall be required, 387 and must shall accompany the vehicle or vessel for which it is 388 issued, when such vehicle or vessel is sold for such purposes, 389 in lieu of a certificate of title.

The application for a 390 certificate of destruction must include proof of reporting to 391 the National Motor Vehicle Title Information System and an 392 affidavit from the applicant that she or he it has complied with 393 all applicable requirements of this

section and, if the vehicle 394 or vessel is not registered in this state or any other state, by 395 a statement from a law enforcement officer that the vehicle or 396 vessel is not reported stolen, and must shall be accompanied by 397 such documentation as may be required by the department. 398 (12)(

a) Any person who violates paragraph (2)(

b) any 399 provision of subsection (1), subsection (2), subsection (4), 400 subsection (5), subsection (6), or subsection (7) is guilty of a 401 misdemeanor of the first degree, punishable as provided in s. 402 775.082 or s. 775.083. 403 (13)(

a) Upon receipt by the Department of Highway Safety 404 and Motor Vehicles of written notice from a wrecker operator who 405 claims a wrecker operator’s lien under subparagraph (2)(b)4. 406

Florida Senate - 2024 SB 202 40-00418-24 2024202__ Page 15 of 23 CODING: Words stricken are deletions; words underlined are additions. paragraph (2)(

d) for recovery, towing, or storage of an 407 abandoned vehicle or vessel upon instructions from any law 408 enforcement agency, for which a certificate of destruction has 409 been issued under subsection (11) and the vehicle has been 410 reported to the National Motor Vehicle Title Information System, 411 the department shall place the name of the registered owner of 412 that vehicle or vessel on the list of those persons who may not 413 be issued a license plate or revalidation sticker for any motor 414 vehicle under s. 320.03(8).

If the vehicle or vessel is owned 415 jointly by more than one person, the name of each registered 416 owner must shall be placed on the list. The notice of wrecker 417 operator’s lien must shall be submitted on forms provided by the 418 department and, which must include: 419 1. The name, address, and telephone number of the wrecker 420 operator. 421 2. The name of the registered owner of the vehicle or 422 vessel and the address to which the wrecker operator provided 423 notice of the lien to the registered owner under subsection (4). 424 3.

A general description of the vehicle or vessel, 425 including its color, make, model, body style, and year. 426 4. The vehicle identification number (VIN); registration 427 license plate number, state, and year; validation decal number, 428 state, and year; vessel registration number; hull identification 429 number; or other identification number, as applicable. 430 5. The name of the person or the corresponding law 431 enforcement agency that requested that the vehicle or vessel be 432 recovered, towed, or stored. 433 6.

The amount of the wrecker operator’s lien, not to exceed 434 the amount allowed by paragraph (b). 435

Florida Senate - 2024 SB 202 40-00418-24 2024202__ Page 16 of 23 CODING: Words stricken are deletions; words underlined are additions. (

b) For purposes of this subsection only, the amount of the 436 wrecker operator’s lien for which the department will prevent 437 issuance of a license plate or revalidation sticker may not 438 exceed the amount of the charges for recovery, towing, and 439 storage of the vehicle or vessel for 7 days. These charges may 440 not exceed the maximum rates imposed by the ordinances of the 441 respective county or municipality under ss. 125.0103(1)(

c) and 442 166.043(1)(c). This paragraph does not limit the amount of a 443 wrecker operator’s lien claimed under paragraph (2)(b) 444 subsection (2) or prevent a wrecker operator from seeking civil 445 remedies for enforcement of the entire amount of the lien, but 446 limits only that portion of the lien for which the department 447 will prevent issuance of a license plate or revalidation 448 sticker. 449 (

d) Upon discharge of the amount of the wrecker operator’s 450 lien allowed by paragraph (b), the wrecker operator must issue a 451 certificate of discharged wrecker operator’s lien on forms 452 provided by the department to each registered owner of the 453 vehicle or vessel attesting that the amount of the wrecker 454 operator’s lien allowed by paragraph (

b) has been discharged. 455 Upon presentation of the certificate of discharged wrecker 456 operator’s lien by the registered owner, the department must 457 shall immediately remove the registered owner’s name from the 458 list of those persons who may not be issued a license plate or 459 revalidation sticker for any motor vehicle under s. 320.03(8), 460 thereby allowing issuance of a license plate or revalidation 461 sticker. Issuance of a certificate of discharged wrecker 462 operator’s lien under this paragraph does not discharge the 463 entire amount of the wrecker operator’s lien claimed under 464

Florida Senate - 2024 SB 202 40-00418-24 2024202__ Page 17 of 23 CODING: Words stricken are deletions; words underlined are additions. paragraph (2)(b) subsection (2), but only certifies to the 465 department that the amount of the wrecker operator’s lien 466 allowed by paragraph (b), for which the department will prevent 467 issuance of a license plate or revalidation sticker, has been 468 discharged. 469

(18) A towing-storage operator must retain records produced 470 for all vehicles or vessels towed or removed pursuant to s. 471 715.07 for at least 3 years. Such records include, at a minimum, 472 all of the following: 473 (

a) All notice publications and certified mailings. 474 (

b) The purchase price of any unclaimed vehicle or vessel 475 sold. 476 (

c) The names and addresses of persons to which vehicles or 477 vessels were released. 478 (

d) The names and addresses of vehicle or vessel 479 purchasers. 480 (

e) All fees imposed under this section. 481 (19)(

a) A towing-storage operator must accept payment for 482 accrued charges from an authorized person listed in subsection 483 (10) from, at a minimum, 2 of the following payment forms: 484 1. Cash, cashier’s check, money order, or traveler’s check. 485 2. Bank, debit, or credit card. 486 3. Mobile payment service, digital wallet, or other 487 electronic payment system. 488 (

b) Any of the authorized persons listed in subsection (10) 489 are not required to furnish more than one form of current 490 government photo identification when payment is made in any of 491 the forms listed in paragraph (a). Presenting one form of 492 current government photo identification constitutes sufficient 493

Florida Senate - 2024 SB 202 40-00418-24 2024202__ Page 18 of 23 CODING: Words stricken are deletions; words underlined are additions. identity verification for the purposes of this subsection. 494 (

c) This subsection preempts any county or municipal 495 charter, ordinance, resolution, regulation, or rule that imposes 496 a requirement upon a towing-storage operator more stringent than 497 this subsection. 498

Section 2. Paragraph (

a) of subsection (2) of

section 499 715.07, Florida Statutes, is amended to read: 500 715.07 Vehicles or vessels parked on private property; 501 towing.— 502

(2) The owner or lessee of real property, or any person 503 authorized by the owner or lessee, which person may be the 504 designated representative of the condominium association if the 505 real property is a condominium, may cause any vehicle or vessel 506 parked on such property without her or his permission to be 507 removed by a person regularly engaged in the business of towing 508 vehicles or vessels, without liability for the costs of removal, 509 transportation, or storage or damages caused by such removal, 510 transportation, or storage, under any of the following 511 circumstances: 512 (

a) The towing or removal of any vehicle or vessel from 513 private property without the consent of the registered owner or 514 other legally authorized person in control of that vehicle or 515 vessel is subject to substantial compliance with the following 516 conditions and restrictions: 517 1.a. Any towed or removed vehicle or vessel must be stored 518 at a site within a 10-mile radius of the point of removal in any 519 county of 500,000 population or more, and within a 15-mile 520 radius of the point of removal in any county of fewer than 521 500,000 population. That site must be open for the purpose of 522

Florida Senate - 2024 SB 202 40-00418-24 2024202__ Page 19 of 23 CODING: Words stricken are deletions; words underlined are additions. redemption of vehicles on any day that the person or firm towing 523 such vehicle or vessel is open for towing purposes, from 8:00 524 a.m. to 6:00 p.m., and, when closed, shall have prominently 525 posted a sign indicating a telephone number where the operator 526 of the site can be reached at all times.

Upon receipt of a 527 telephoned request to open the site to redeem a vehicle or 528 vessel, the operator shall return to the site within 1 hour or 529 she or he will be in violation of this section. 530 b.

If no towing business providing such service is located 531 within the area of towing limitations set forth in sub-532 subparagraph a., the following limitations apply: any towed or 533 removed vehicle or vessel must be stored at a site within a 20-534 mile radius of the point of removal in any county of 500,000 535 population or more, and within a 30-mile radius of the point of 536 removal in any county of fewer than 500,000 population. 537 2.

The person or firm towing or removing the vehicle or 538 vessel shall, within 30 minutes after completion of such towing 539 or removal, notify the municipal police department or, in an 540 unincorporated area, the sheriff, of such towing or removal, the 541 storage site, the time the vehicle or vessel was towed or 542 removed, and the make, model, color, and license plate number of 543 the vehicle or description and registration number of the vessel 544 and shall obtain the name of the person at that department to 545 whom such information was reported and note that name on the 546 trip record. 547 3.

A person in the process of towing or removing a vehicle 548 or vessel from the premises or parking lot in which the vehicle 549 or vessel is not lawfully parked must stop when a person seeks 550 the return of the vehicle or vessel. The vehicle or vessel must 551

Florida Senate - 2024 SB 202 40-00418-24 2024202__ Page 20 of 23 CODING: Words stricken are deletions; words underlined are additions. be returned upon the payment of a reasonable service fee of not 552 more than one-half of the posted rate for the towing or removal 553 service as provided in subparagraph 6. The vehicle or vessel may 554 be towed or removed if, after a reasonable opportunity, the 555 owner or legally authorized person in control of the vehicle or 556 vessel is unable to pay the service fee.

If the vehicle or 557 vessel is redeemed, a detailed signed receipt must be given to 558 the person redeeming the vehicle or vessel. 559 4. A person may not pay or accept money or other valuable 560 consideration for the privilege of towing or removing vehicles 561 or vessels from a particular location. 562 5. Except for property appurtenant to and obviously a

part 563 of a single-family residence, and except for instances when 564 notice is personally given to the owner or other legally 565 authorized person in control of the vehicle or vessel that the 566 area in which that vehicle or vessel is parked is reserved or 567 otherwise unavailable for unauthorized vehicles or vessels and 568 that the vehicle or vessel is subject to being removed at the 569 owner’s or operator’s expense, any property owner or lessee, or 570 person authorized by the property owner or lessee, before towing 571 or removing any vehicle or vessel from private property without 572 the consent of the owner or other legally authorized person in 573 control of that vehicle or vessel, must post a notice meeting 574 the following requirements: 575 a.

The notice must be prominently placed at each driveway 576 access or curb cut allowing vehicular access to the property 577 within 10 feet from the road, as defined in s. 334.03(22). If 578 there are no curbs or access barriers, the signs must be posted 579 not fewer than one sign for each 25 feet of lot frontage. 580

Florida Senate - 2024 SB 202 40-00418-24 2024202__ Page 21 of 23 CODING: Words stricken are deletions; words underlined are additions. b. The notice must clearly indicate, in not fewer than 2-581 inch high, light-reflective letters on a contrasting background, 582 that unauthorized vehicles will be towed away at the owner’s 583 expense. The words “tow-away zone” must be included on the sign 584 in not fewer than 4-inch high letters. 585 c. The notice must also provide the name and current 586 telephone number of the person or firm towing or removing the 587 vehicles or vessels. 588 d.

The sign structure containing the required notices must 589 be permanently installed with the words “tow-away zone” not 590 fewer than 3 feet and not more than 6 feet above ground level 591 and must be continuously maintained on the property for not 592 fewer than 24 hours before the towing or removal of any vehicles 593 or vessels. 594 e. The local government may require permitting and 595 inspection of these signs before any towing or removal of 596 vehicles or vessels being authorized. 597 f.

A business with 20 or fewer parking spaces satisfies the 598 notice requirements of this subparagraph by prominently 599 displaying a sign stating “Reserved Parking for Customers Only 600 Unauthorized Vehicles or Vessels Will be Towed Away At the 601 Owner’s Expense” in not fewer than 4-inch high, light-reflective 602 letters on a contrasting background. 603 g.

A property owner towing or removing vessels from real 604 property must post notice, consistent with the requirements in 605 sub-subparagraphs a.-f., which apply to vehicles, that 606 unauthorized vehicles or vessels will be towed away at the 607 owner’s expense. 608 609

Florida Senate - 2024 SB 202 40-00418-24 2024202__ Page 22 of 23 CODING: Words stricken are deletions; words underlined are additions.

A business owner or lessee may authorize the removal of a 610 vehicle or vessel by a towing company when the vehicle or vessel 611 is parked in such a manner that restricts the normal operation 612 of business; and if a vehicle or vessel parked on a public 613 right-of-way obstructs access to a private driveway the owner, 614 lessee, or agent may have the vehicle or vessel removed by a 615 towing company upon signing an order that the vehicle or vessel 616 be removed without a posted tow-away zone sign. 617 6.

Any person or firm that tows or removes vehicles or 618 vessels and proposes to require an owner, operator, or person in 619 control or custody of a vehicle or vessel to pay the costs of 620 towing and storage before redemption of the vehicle or vessel 621 must file and keep on record with the local law enforcement 622 agency a complete copy of the current rates to be charged for 623 such services and post at the storage site an identical rate 624

schedule and any written contracts with property owners, 625 lessees, or persons in control of property which authorize such 626 person or firm to remove vehicles or vessels as provided in this 627 section. 628 7.

Any person or firm towing or removing any vehicles or 629 vessels from private property without the consent of the owner 630 or other legally authorized person in control or custody of the 631 vehicles or vessels shall, on any trucks, wreckers as defined in 632 s. 713.78(1) s. 713.78(1)(c), or other vehicles used in the 633 towing or removal, have the name, address, and telephone number 634 of the company performing such service clearly printed in 635 contrasting colors on the driver and passenger sides of the 636 vehicle.

The name shall be in at least 3-inch permanently 637 affixed letters, and the address and telephone number shall be 638

Florida Senate - 2024 SB 202 40-00418-24 2024202__ Page 23 of 23 CODING: Words stricken are deletions; words underlined are additions. in at least 1-inch permanently affixed letters. 639 8. Vehicle entry for the purpose of removing the vehicle or 640 vessel shall be allowed with reasonable care on the part of the 641 person or firm towing the vehicle or vessel. Such person or firm 642 shall be liable for any damage occasioned to the vehicle or 643 vessel if such entry is not in accordance with the standard of 644 reasonable care. 645 9.

When a vehicle or vessel has been towed or removed 646 pursuant to this section, it must be released to its owner or 647 person in control or custody within 1 hour after requested.

Any 648 vehicle or vessel owner or person in control or custody has the 649 right to inspect the vehicle or vessel before accepting its 650 return, and no release or waiver of any kind which would release 651 the person or firm towing the vehicle or vessel from liability 652 for damages noted by the owner or person in control or custody 653 at the time of the redemption may be required from any vehicle 654 or vessel owner or person in control or custody as a condition 655 of release of the vehicle or vessel to its owner or person in 656 control or custody.

A detailed receipt showing the legal name of 657 the company or person towing or removing the vehicle or vessel 658 must be given to the person paying towing or storage charges at 659 the time of payment, whether requested or not. 660

Section 3. This act shall take effect July 1, 2024. 661