BILL SUMMARY DETAILS

Florida League of Cities

Towing and Storage - 2 (Monitor) 

CS/CS/HB 179 (Bell) makes changes related to towing-storage operator practices, including allowable fees, payment, lien requirements, sale of unclaimed vehicles and record retention. Specifically, the bill does the following:

•Reduces the timeframe in which a towing-storage operator must send the notice of lien from seven to five business days, and reduce storage charges that may be charged if a lienor fails to provide this notice.

•Provides that a towing-storage operator may only charge certain fees.

•Requires towing-storage operators to accept specified forms of payment.

•Increases the timeframe an unclaimed vehicle or vessel three years of age or newer may be sold by a lienor from 50 days to 57 days from the storage date and requires the notice of lien must not be sent less than 52 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 twenty days before the sale.

•Requires a towing-storage operator to make a towed vehicle available for inspection during normal business hours within one hour after arrival at a storage facility.

•Requires a towing-storage operator to 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 to retain records of all vehicles and vessels recovered, towed or stored; all notice publications and certified mailings; and fees for at least three years.

•Provides that foreclosing a storage lien on a vehicle or vessel must be through the process 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. 

•Provides that counties must, and cities may, establish maximum rates for which can be charged for cleanup and disposal, and ensure that those rates are published on its website. In areas where no maximum rates have been established, the maximum rates established by the Division of Florida Highway will apply. (Wagoner)