SB 990 — Towing Vehicles

The name, physical address, and telephone number of the lienor, and the entity name, as registered with the Division of Corporations, of the business where the towing and storage occurred, which must also appear on the outside of the envelope sent to the registered owner and all other persons claiming an interest in or lien on the vehicle or vessel.

3.

The fact of possession of the vehicle or vessel.

4.

The name of the person or entity that authorized the lienor to take possession of the vehicle or vessel.

5.

That a lien as provided in subsection (2) is claimed.

6.

That charges have accrued and include an itemized statement of the amount thereof.

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Florida Senate - 2022 CS for SB 990 596-02634-22 2022990c1 7.

That the lien is subject to enforcement under law and that the owner or lienholder, if any, has the right to a hearing as set forth in subsection (5).

8.

That any vehicle or vessel that remains unclaimed, or for which the charges for recovery, towing, or storage services remain unpaid, may be sold free of all prior liens 35 days after the vehicle or vessel is stored by the lienor if the vehicle or vessel is more than 3 years of age or 50 days after the vehicle or vessel is stored by the lienor if the vehicle or vessel is 3 years of age or less.

9.

The address at which the vehicle or vessel is physically located.

(10) Persons who provide services pursuant to this section shall permit vehicle or vessel owners, lienholders, insurance company representatives, or their agents, which agency is evidenced by an original writing acknowledged by the owner before a notary public or other person empowered by law to administer oaths, to inspect the towed vehicle or vessel and shall release only to the owner, lienholder, or agent the vehicle, vessel, or all personal property not affixed to the vehicle or vessel which was in the vehicle or vessel at the time the vehicle or vessel came into the custody of the person providing such services.

Such appointment must be evidenced in an original writing Page 35 of 913 CODING:

Florida Senate - 2022 CS for SB 990 36-00955-22596-02634-22 2022990__2022990c1 original writing acknowledged by the rental car company before a notary public or other person empowered by law to administer oaths and must authorize the person to inspect and redeem the towed vehicle.

(15)(a) A lienor or the lienor’s agent may charge a $75 notification an administrative fee plus the actual costs of complying with the requirements of this section to the registered owner or a person claiming a lien against the vehicle or vessel to obtain release of the vehicle or vessel from the claim of lien imposed under this section.

Such notification administrative fee plus the actual costs of complying with the requirements of this section may not exceed $250.

For purposes of this paragraph, the term “administrative fee” means 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.

(16) A towing-storage operator must use a third-party service approved by the Department of Highway Safety and Motor Vehicles to transmit all notices required by this section.

If there is no third-party service approved by the department, the towing-storage operator may mail the notices and provide evidence of compliance with this section upon submission of an application for certificate of title or certificate of destruction.

(g) If a towing-storage operator uses a third-party service approved by the department to provide notice required by this section, proof of mailing by the third-party service is proof that the towing-storage operator made a good faith effort to comply with such notice requirement, regardless of whether the Page 6 of 13 CODING:

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Florida Senate - 2022 CS for SB 990 596-02634-22 2022990c1 recipient accepts delivery or otherwise receives notice.

(18) The regulation of claiming a lien for the recovery, removal, towing, or storage of a vehicle or vessel, including, but not limited to, notification fees, is preempted to the state, and this section supersedes any county or municipal ordinance, resolution, rule, regulation, or otherwise to the contrary.

Any towed or removed vehicle or vessel must be stored at a site within a 10-mile radius of the point of removal in any county of 500,000 population or more, and within a 15-mile radiusPage of7 the point of removal13 inCODING: any county of fewer than 500,000 population.

That site must be open for the purpose of redemption of vehicles on any day that the person or firm towing such vehicle or vessel is open for towing purposes, from 8:00 Page 4 of 9 CODING:

Florida Senate - 2022 CS for SB 990 36-00955-22596-02634-22 2022990__2022990c1 a.m.radius of the point of removal in any county of fewer than 500,000 population.

That site must be open for the purpose of redemption of vehicles on any day that the person or firm towing such vehicle or vessel is open for towing purposes, from 8:00 a.m.

A person in the process of towing or removing a vehicle or vessel from the premises or parking lot in which the vehicle orPage vessel8 is not lawfully parked must stop when a person seeks the return of the13 vehicleCODING: or vessel.

The vehicle or vessel must be returned upon the payment of a reasonable service fee of not more than one-half of the posted rate for the towing or removal Page 5 of 9 CODING:

Florida Senate - 2022 CS for SB 990 36-00955-22596-02634-22 2022990__2022990c1 serviceor asvessel providedis innot subparagraphlawfully 6.parked must stop when a person seeks the return of the vehicle or vessel.

The vehicle or vessel must be returned upon the payment of a reasonable service fee of not more than one-half of the posted rate for the towing or removal service as provided in subparagraph 6.

If therePage are9 no curbs or access barriers, the signs must be posted not fewer than one sign for each 25 feet of lot13 frontage.CODING:

b.

The notice must clearly indicate, in not fewer than 2- inch high, light-reflective letters on a contrasting background, Page 6 of 9 CODING:

Florida Senate - 2022 CS for SB 990 36-00955-22596-02634-22 2022990__2022990c1 thatthere unauthorizedare vehiclesno willcurbs or access barriers, the signs must be towedposted awaynot atfewer thethan owner’sone expense.sign for each 25 feet of lot frontage.

b.

The notice must clearly indicate, in not fewer than 2- inch high, light-reflective letters on a contrasting background, that unauthorized vehicles will be towed away at the owner’s expense.

A property owner towing or removing vessels from real property must post notice, consistent with the requirements in sub-subparagraphs a.-f., which apply to vehicles, that unauthorized vehicles or vessels will be towed away at the owner’sPage expense.10 of 13 CODING:

A business owner or lessee may authorize the removal of a vehicle or vessel by a towing company when the vehicle or vessel Page 7 of 9 CODING:

Florida Senate - 2022 CS for SB 990 36-00955-22596-02634-22 2022990__2022990c1 isowner’s parkedexpense. in such a manner that restricts the normal operation of business;

A business owner or lessee may authorize the removal of a vehicle or vessel by a towing company when the vehicle or vessel is parked in such a manner that restricts the normal operation of business;

The namePage shall11 beof in13 atCODING: least 3-inch permanently affixed letters, and the address and telephone number shall be in at least 1-inch permanently affixed letters.

8.

Vehicle entry for the purpose of removing the vehicle or Page 8 of 9 CODING:

Florida Senate - 2022 CS for SB 990 36-00955-22596-02634-22 2022990__2022990c1 vesselname shall be allowedin withat reasonableleast care3-inch onpermanently theaffixed partletters, ofand the personaddress orand firmtelephone towingnumber theshall vehiclebe orin vessel.at least 1-inch permanently affixed letters.

8.

Vehicle entry for the purpose of removing the vehicle or vessel shall be allowed with reasonable care on the part of the person or firm towing the vehicle or vessel.

Such appointment must be evidenced in an original writing acknowledged by the rental car company before a notary public or otherPage person12 empoweredof by13 lawCODING: to administer oaths and must authorize the person to inspect and redeem the towed vehicle.

Words stricken are deletions;

words underlined are additions.

Florida Senate - 2022 CS for SB 990 596-02634-22 2022990c1 other person empowered by law to administer oaths and must authorize the person to inspect and redeem the towed vehicle.

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