Resolution 2024-33102 RESOLUTION NO. 2024-33102
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, APPROVING AMENDMENT NO. 1 TO THE CITY'S
ADMINISTRATIVE RULES AND REGULATIONS FOR POLICE AND PARKING
TOWING PERMITS; SAID AMENDMENT NECESSARY TO CONFORM WITH
CERTAIN PROVISIONS OF THE RULES AND REGULATIONS TO NEWLY
ENACTED STATE LAW(HOUSE BILL NO. 179); AND FURTHER APPROVING
AN INCREASE IN BEACH TOWING SERVICES, INC.'S AND TREMONT
TOWING INC.'S (PERMITTEES) ADMINISTRATIVE FEE FOR NON-RESIDENT
TOWS FROM THE CURRENT $77, TO $110 CONDITIONED ON THE
PERMITTEES' AGREEMENT TO A $50 FLAT RATE TOW FOR CITY
RESIDENTS DURING FLOODS AND OTHER SPECIFIED SEVERE WEATHER
EVENTS; WITH SAID AMENDMENT, INCREASED ADMINISTRATIVE FEES
AND FLAT RATE TOWING FEES FOR RESIDENTS TO TAKE EFFECT ON
JULY 1, 2024.
WHEREAS, Chapter 106, Article V, Division 2 of the City Code, provides for the
issuance of towing permits for the towing of vehicles identified by the City as requiring
removal from the public right of way (the "Police and Parking Towing Permits" or "Towing
Permits"); and
WHEREAS, on June 22, 2022, pursuant to Resolution No. 2022-32206, the Mayor
and City Commission approved the issuance of new Towing Permits to Beach Towing
Services, Inc., and Tremont Towing, Inc., (the "Permittees"), for a three (3) year term,
commencing August 1, 2022; and
WHEREAS, the City Code, also provides for the promulgation of rules and
regulations, as may be necessary, to govern the discharge of towing and/or storage of
vehicles identified by the City's Police Department or the City's Parking Departments as
requiring removal from the public right of way (the "Administrative Rules and Regulations");
and
WHEREAS, the latest version of the Administrative Rules and Regulations was
adopted on June 22, 2022, pursuant to Resolution No. 2022-32206; and
• WHEREAS, on March 22, 2024, Governor Ron DeSantis signed into law Committee
Substitute for House Bill No. 179, which will take effect on July 1, 2024 ("HB 179"); and
WHEREAS, HB 179 will impact towing companies and, specifically, the Permittees'
operations by among other things: (1.) reducing the period for pending lien notices from seven
(7) to five (5) days; (2.) clarifying that a rental car agreement shall not longer be considered
as proof that a renter is an agent of the vehicle or authorized vehicle owner; (3.) establishing
requirement for cities and counties to post their Maximum Allowable (Towing) Rates and rate
dispute procedure on their governmental websites; (4.) establishing required forms of
payment; and (5.) establishing miscellaneous other regulatory requirements; and
WHEREAS, after reviewing HB 179, it has been determined that several of the
provisions in the Administrative Rules and Regulations conflict with HB 179; an amendment
to the Rules and Regulations is therefore necessary to comply with State Law; and
WHEREAS, the Permittees have notified the City's Parking Department that their
compliance with HB 179, together with sustained inflation and rising insurance, equipment,
and labor costs, places an "untenable financial burden" on them; and
WHEREAS, as a result, the Permittees have represented that they can no longer
afford the current$77 (currently as of October 1, 2023 due to an increase in the Consumer Price
Index ("CPI")) Administrative Fee; to remain financially viable, they have requested that the
Mayor and City Commission approve an increase to the Administrative Fee charged for non-
resident tows from the current $77, to $150, effective July 1, 2024.
WHEREAS, the Administrative Fee for City residents would remain at the current rate of
$77, and subject to future CPI increases; and
WHEREAS, to remain financially viable and to continue to provide the expected levels of
service to the City, the Permittees have represented that they must increase the Administrative
Fee, for non-City resident tows only, to $150; and
WHEREAS, as a result of these discussions, the Administration and the Permittees have
agreed to the following (subject to City Commission consideration):
• $110 Administrative Fee, for non-City residents, which reflects a 43% increase
from the current amount of$77, and a 27% decrease from the Permittee's requested
amount of$150; and
• $50 flat rate tow for City residents to any location within City limits as a result of a
flood event, tropical storm, hurricane, or natural disaster, as indicated via a flash flood
warning, flash flood emergency via the National Weather Service ("NWS") and/or a
state of emergency declaration issued by the City, Miami-Dade County, State of
Florida, and/or the United States government.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City
Commission hereby:
(1.) Approve Amendment No. 1 to the City's Administrative Rules and Regulations for Police
and Parking Towing Permits; said amendment required in order to comply with State Law
(newly enacted HB 179), and to take effect on July 1, 2024;
(2.) As requested by the City's Towing Permittees, Beach Towing Services, Inc. and Tremont
Towing, Inc., the Mayor and City Commission hereby approve an increase to the
Administrative Fee, for non-resident tows only, from $77 to $110, with such increase to
be effective on July 1, 2024; and
(3.) In consideration of, and as a condition to,the Administrative Fee increase, the permittees
have agreed to a $50 flat rate tow for City residents to any location within City limits as a
result of a flood event, tropical storm, hurricane, or natural disaster, as indicated via a
flash flood warning, flash flood emergency via the National Weather Service ("NWS")
and/or a state of emergency declaration issued by the City, Miami-Dade County, State
of Florida, and/or the United States government.
PASSED and ADOPTED this a4 day of ,/Nit.( 2024.
ATTEST
711 Steven Meiner, Mayor
Rafael E. Granado, City Clerk
RW/DM/JRG "S\
:1HCORP ORMED4
APPROVED AS TO
FORM &LANGUAGE
. &FOR EXECUTION
)123
City Attorney Date
Resolutions-C7 T
MIAMI BE
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Rickelle Williams, Interim City Manager /l W
DATE: June 26, 2024
TITLE: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, APPROVING AMENDMENT NO. 1 TO THE CITY'S
ADMINISTRATIVE RULES AND REGULATIONS FOR POLICE AND PARKING
TOWING PERMITS; SAID AMENDMENT NECESSARY TO CONFORM WITH
CERTAIN PROVISIONS OF THE RULES AND REGULATIONS TO NEWLY
ENACTED STATE LAW(HOUSE BILL NO. 179);AND FURTHER APPROVING AN
INCREASE IN BEACH TOWING SERVICES, INC.'S AND TREMONT TOWING
INC.'S (PERMITTEES) ADMINISTRATIVE FEE FOR NON-RESIDENT TOWS
FROM THE CURRENT $77, TO $110 CONDITIONED ON THE PERMITTEES'
AGREEMENT TO A $50 FLAT RATE TOW FOR CITY RESIDENTS DURING
FLOODS AND OTHER SPECIFIED SEVERE WEATHER EVENTS; WITH SAID
AMENDMENT, INCREASED ADMINISTRATIVE FEES AND FLAT RATE TOWING
FEES FOR RESIDENTS TO TAKE EFFECT ON JULY 1, 2024.
RECOMMENDATION
The City Administration ("Administration") recommends that the Mayor and City Commission
("City Commission") adopt the Resolution.
BACKGROUND/HISTORY
The City of Miami Beach ("City") is authorized to issue towing permits for the discharge of towing
and/or storage of vehicles identified by the City's Police Department or Parking Department,
required for the removal of vehicles from the public rights-of-way(the "Towing Permits").
The City currently issues Towing Permits to the following two (2) providers which satisfy all of the
City's requirements, both in the City Code and pursuant to the City's Administrative Rules and
Regulations for Police and Parking Towing Permits (the"Administrative Rules and Regulations"):
1.) Beach Towing Services, Inc. and 2.)Tremont Towing, Inc. (the "Permittees").
The Permittees work closely with the City's Police and Parking departments, respectively, and
have consistently provided good and capable service to the City. Most recently, in response to
the severe flooding that occurred in Miami Beach, the Permittees volunteered to offer their
services, free of charge, to assist residents with towing their stalled vehicles out of floodwaters.
On.June 4, 2024, the Administration received a letter (Attachment A) from the Permittees' legal
counsel, Rafael Andrade, Esq., regarding a newly enacted State Law, Committee Substitute for
. House Bill No. 179 ("HB 179") (Attachment B), which will take effect on July 1, 2024, and which
will impact the City and the Permittees in several ways, including the City's current Administrative
Rules and Regulations.
ANALYSIS
HB 179 resulted from extensive lobbying efforts by rental car companies, including, but not limited
to, Enterprise, Alamo, and National rental car corporations. The resulting State law requires
amending the City's Administrative Rules and Regulations, since some existing provisions will, as
of July 1, 2024, be in conflict with the new State law. In summary, the proposed amendments
included in HB 179 and their impact on the City's Administrative Rules and Regulations are as
follows:
1.) Counties or municipalities that establish Maximum Allowable rates will be required to post
the rates on their websites, as well as the process they follow for complaints regarding
fees charged in excess of the rates. It should be noted that the City is in compliance with
this requirement, as rates and a complaint process are currently included in the Towing
Bill of Rights posted on the City's website, thus this new provision in the law does not
require an amendment to the City's Administrative Rules and Regulations; and
2.) Towing companies/Permittees are now required to send lien notices (for unclaimed
vehicles or for which charges for towing or storage services remain unpaid)within five (5)
calendar days, rather than the current seven (7) days. Note this new provision does not
require an amendment to the City's Rules and Regulations, simply compliance by the
Permittees; and
3.) For purposes of releasing a towed vehicle, Tow companies/Permittees may no longer
accept a rental car agreement from a renter of the vehicle as evidence that the person
who rented the vehicle is an agent of the rental vehicle. Instead, the renter of a vehicle
must now present a notarized agreement evidencing that the renter is an agent of the
vehicle. This amendment to the current law will greatly impact the City and further
investigation will be required to determine what, in effect, will be satisfactory proof under
the new law for a renter to present to a tow company in order to obtain a release of their
rental vehicle. Note this new provision in the law requires an amendment to the City's
Rules and Regulations; and
4.) Tow companies/Permittees are authorized under HB 179 to accept two (2) forms of
payment from a list that includes(i)cash, cashier's check, money order or traveler's check,
(ii) bank, debit, or credit card, and (iii) mobile payment service, digital wallet or other
electronic payment system. Currently, the City's Administrative Rules and Regulations do
not include mobile payment, digital wallet or other electronic payment systems, thus, an
amendment to the City's Administrative Rules and Regulations is required to include these
new forms of payment which the Permittees have expressed that they would accept. It is
important to note that in addition to(i)and(iii),the Permittees will continue to accept credit
card and debit card payments from City residents only, and only debit card payments from
Miami-Dade County residents.
In addition to the above, the Permittees have requested, via the June 4, 2024 letter to the Interim
City Manager, that the City approve an increase to the Administrative Fee, for non-resident tows,
from $75 (currently $77 as of October 1, 2023 due to an increase in the Consumer Price Index
("CPI")) to $150. The Administrative Fee for City residents would remain at the current rate of$77,
and subject to future CPI increases. The Permittees recently met with the City's Parking
Department staff and stated that the proposed increase in the Administrative Fee for non-City
residents is necessary as compliance with. HB 179 (particularly in terms of the reduced time for
filing notices of lien)will increase their operating costs. Additionally, the Permittees represented
that rising operating costs due to sustained inflation and rising insurance, equipment, and labor
costs have created a financial burden. To remain financially viable and to continue to provide the
expected levels of service to the City, the Permittees have represented that they must increase the
Administrative Fee, for non-City resident tows only,to$150. On June 17, 2024,the Permittees' legal
counsel, Rafael Andrade, Esq., provided an email to the Administration with an attached letter
(Attachment C), dated February 26, 2024,from Chase Insurance Agency, Inc. addressed to Beach
Towing Services, Inc. with a breakdown of Beach Towing's annual insurance premiums for the last
five(5)years.The letter documents a significant increase from $168,397 in 2023/2024 to $410,677
in 2024/2025 (an increase of approximately $242,000 over a one (1) year period). Beyond the
letter, the Permittees have not provided any additional evidence, empirical data, or costs to further
substantiate their claim. Notwithstanding, the Administration has negotiated in good faith with the
Permittees' legal counsel. As a result of these discussions, the Administration and the Permittees
have agreed to the following (subject to City Commission consideration):
• Administrative Fee of$110,for non-City resident tows, which reflects a 43% increase from
the current amount of$77, and a 27% decrease from the Permittee's requested amount
of$150; and
• Flat rate tow of$50, for City residents only, to any location within City limits as a result of
a flood event, tropical storm, hurricane, or natural disaster, as indicated via a flash flood
warning, flash flood emergency via the National Weather Service ("NWS") and/or a state
of emergency declaration issued by the City, Miami-Dade County, State of Florida, and/or
the United States government.
FISCAL IMPACT STATEMENT
N/A
Does this Ordinance require a Business Impact Estimate?
(FOR ORDINANCES ONLY)
The Business Impact Estimate(BIE)was published on . See BIE at:
https://www.miamibeachfl.gov/city-hall/city-clerk/meeting-notices/
FINANCIAL INFORMATION
N/A
CONCLUSION
The proposed amendments to the City's Administrative Rules and Regulations are necessary in
order to comply with the new State law resulting from HB 179, which will take effect on July 1,
2024. With regard to the Permittees' requested increase in the Administrative Fee, for non-City
resident tows only, from $75 (currently $77 as of October 1, 2023 due to an increase in the
Consumer Price Index("CPI"))to$150,the Permittees have stated that the increase is necessary in
order for them to remain financially viable, and to continue to provide the City with the expected
levels of service. The Administrative Fee for City residents would remain at the current rate of
$77, and subject to future CPI increases.
The Administration has negotiated in good faith with the Permittees legal counsel; and,as a result,
the Administration and the Permittees have agreed, subject to City Commission consideration, to an
Administrative Fee of$110, for non-City resident tows, and a flat rate tow of$50, for City residents
only, to any location within City limits as a result of a flood event, tropical storm, hurricane, or
natural disaster, as indicated via a flash flood warning, flash flood emergency via the National
Weather Service("NWS")and/or a state of emergency declaration issued by the City, Miami-Dade
County, State of Florida, and/or the United States government.
It should be noted that the Permittees are the only two(2)service providers which satisfy the City's
towing requirements under the City Code and the City's Administrative Rules and Regulations.
Further, the Permittees have and are providing good and capable towing services to the City, and
these services continue to be necessary.
The attached Resolution for City Commission consideration sets forth the necessary amendments
to the City's Administrative Rules and Regulations. The City's Administrative Rules and
Regulations will be amended administratively prior to the new State law taking effect on July 1,
2024.
The Administration recommends that the City Commission approve Amendment No. 1 to the City's
Administrative Rules and Regulations; said Amendment necessary to conform with certain provision
of the rules and regulations to newly enacted Sate law (House Bill 179); and further approving an
increase in the Permittees'Administrative Fee for non-City resident tows from the current$77 to $110,
conditioned on the Permittees' agreement to a $50 flat rate tow for City residents during floods and
other specified severe weather events; with said amendment, increased Administrative Fees and flat •
rate towing fees for residents to take effect on July 1,2024.
Since the new law, HB 179, shortens the time for the towing companies(Permittees)to file a Notice
of Lien (for unpaid charges) from 7 to 5 days, Permittees have informed the City that they can
longer agree to maintain the voluntary 36 hour waiting period (i.e. within which to delay sending
the lien notices) set forth in the current Administrative Rules and Regulations. Therefore, this
Supplemental Memorandum will amend the original Commission Memorandum to advise the
Mayor and City Commission that a further amendment to the Administrative Rules and Regulations
will be necessary to eliminate and delete the language requiring the 36 hour voluntary hold (which
language is found in Section 22(C)(3)of the Rules and Regulations).
After meeting with Permittees, the Administration has no objection to the above amendment.
Applicable Area
Citywide
Is this a"Residents Right to Know" item, Is this item related to a G.O. Bond Proiect:
pursuant to City Code Section 2-17? No
Yes
Was this Agenda Item initially requested by a lobbyist which, as defined in Code Sec. 2-481,
includes a principal engaged in lobbying? Yes
If so, specify the name of lobbyist(s) and principal(s): Ralph Andrade
Department
Parking
Sponsor(s)
Co-sponsor(s)
Resolutions -C7 T
MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Rickelle Williams, Interim City Manager
DATE: June 26, 2024
TITLE: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, APPROVING AMENDMENT NO. 1 TO THE CITY'S
ADMINISTRATIVE RULES AND REGULATIONS FOR POLICE AND PARKING
TOWING PERMITS; SAID AMENDMENT NECESSARY TO CONFORM WITH
CERTAIN PROVISIONS OF THE RULES AND REGULATIONS TO NEWLY
ENACTED STATE LAW(HOUSE BILL NO. 179); AND FURTHER APPROVING AN
INCREASE IN BEACH TOWING SERVICES, INC.'S AND TREMONT TOWING
INC.'S (PERMITTEES) ADMINISTRATIVE FEE FOR NON-RESIDENT TOWS
FROM THE CURRENT $77, TO $110 CONDITIONED ON THE PERMITTEES'
AGREEMENT TO A $50 FLAT RATE TOW FOR CITY RESIDENTS DURING
FLOODS AND OTHER SPECIFIED SEVERE WEATHER EVENTS; WITH SAID
AMENDMENT, INCREASED ADMINISTRATIVE FEES AND FLAT RATE TOWING
FEES FOR RESIDENTS TO TAKE EFFECT ON JULY 1, 2024.
RECOMMENDATION
The City Administration ("Administration") recommends that the Mayor and City Commission
("City Commission") adopt the Resolution.
BACKGROUND/HISTORY
The City of Miami Beach ("City") is authorized to issue towing permits for the discharge of towing
and/or storage of vehicles identified by the City's Police Department or Parking Department,
required for the removal of vehicles from the public rights-of-way (the "Towing Permits").
The City currently issues Towing Permits to the following two (2) providers which satisfy all of the
City's requirements, both in the City Code and pursuant to the City's Administrative Rules and
Regulations for Police and Parking Towing Permits(the"Administrative Rules and Regulations"):
1.) Beach Towing Services, Inc. and 2.)Tremont Towing, Inc. (the "Permittees").
The Permittees work closely with the City's Police and Parking departments, respectively, and
have consistently provided good and capable service to the City. Most recently, in response to
the severe flooding that occurred in Miami Beach, the Permittees volunteered to offer their
services, free of charge, to assist residents with towing their stalled vehicles out of floodwaters.
On June 4, 2024, the Administration received a letter (Attachment A) from the Permittees' legal
counsel, Rafael Andrade, Esq., regarding a newly enacted State Law, Committee Substitute for
House Bill No. 179 ("HB 179") (Attachment B), which will take effect on July 1, 2024, and which
will impact the City and the Permittees in several ways, including the City's current Administrative
Rules and Regulations.
ANALYSIS
Page 583 of 1862
HB 179 resulted from extensive lobbying efforts by rental car companies, including, but not limited
to, Enterprise, Alamo, and National rental car corporations. The resulting State law requires
amending the City's Administrative Rules and Regulations, since some existing provisions will,
as of July 1, 2024, be in conflict with the new State law. In summary, the proposed amendments
included in HB 179 and their impact on the City's Administrative Rules and Regulations are as
follows:
1.) Counties or municipalities that establish Maximum Allowable rates will be required to post
the rates on their websites, as well as the process they follow for complaints regarding
fees charged in excess of the rates. It should be noted that the City is in compliance with
this requirement, as rates and a complaint process are currently included in the Towing
Bill of Rights posted on the City's. website, thus this new provision in the law does not
require an amendment to the City's Administrative Rules and Regulations; and
2.) Towing companies/Permittees are now required to send lien notices (for unclaimed
vehicles or for which charges for towing or storage services remain unpaid)within five (5)
calendar days, rather than the current seven (7) days. Note this new provision does not
require an amendment to the City's Rules and Regulations, simply compliance by the
Permittees; and
3.) For purposes of releasing a towed vehicle, Tow companies/Permittees may no longer
accept a rental car agreement from a renter of the vehicle as evidence that the person
who rented the vehicle is an agent of the rental vehicle. Instead, the renter of a vehicle
must now present a notarized agreement evidencing that the renter is an agent of the
vehicle. This amendment to the current law will greatly impact the City and further
investigation will be required to determine what, in effect, will be satisfactory proof under
the new law for a renter to present to a tow company in order to obtain a release of their
rental vehicle. Note this new provision in the law requires an amendment to the City's
Rules and Regulations; and
4.) Tow companies/Permittees are authorized under HB 179 to accept two (2) forms of
payment from a list that includes(i)cash,cashier's check, money order or traveler's check,
(ii) bank, debit, or credit card, and (iii) mobile payment service, digital wallet or other
electronic payment system. Currently, the City's Administrative Rules and Regulations do
not include mobile payment, digital wallet or other electronic payment systems, thus, an
amendment to the City's Administrative Rules and Regulations is required to include these
new forms of payment which the Permittees have expressed that they would accept. It is
important to note that in addition to(i)and (iii),the Permittees will continue to accept credit
card and debit card payments from City residents only, and only debit card payments from
Miami-Dade County residents.
In addition to the above, the Permittees have requested, via the June 4, 2024 letter to the Interim
City Manager, that the City approve an increase to the Administrative Fee, for non-resident tows,
from $75 (currently $77 as of October 1, 2023 due to an increase in the Consumer Price Index
("CPI"))to$150.The Administrative Fee for City residents would remain at the current rate of$77,
and subject to future CPI increases. The Permittees recently met with the City's Parking
Department staff and stated that the proposed increase in the Administrative Fee for non-City
residents is necessary as compliance with HB 179 (particularly in terms of the reduced time for
filing notices of lien) will increase their operating costs. Additionally, the Permittees represented
that rising operating costs due to sustained inflation and rising insurance, equipment, and labor
costs have created a financial burden. To remain financially viable and to continue to provide the
expected levels of service to the City, the Permittees have represented that they must increase
the Administrative Fee,for non-City resident tows only,to$150. On June 17,2024,the Permittees'
legal counsel, Rafael Andrade, Esq., provided an email to the Administration with an attached
Page 584 of 1862
letter (Attachment C), dated February 26, 2024, from Chase Insurance Agency, Inc. addressed
to Beach Towing Services, Inc. with a breakdown of Beach Towing's annual insurance premiums
for the last five (5)years. The letter documents a significant increase from$168,397 in 2023/2024
to $410,677 in 2024/2025 (an increase of approximately $242,000 over a one (1) year period).
Beyond the letter, the Permittees have not provided any additional evidence, empirical data, or
costs to further substantiate their claim. Notwithstanding, the Administration has negotiated in
good faith with the Permittees' legal counsel. As a result of these discussions, the Administration
and the Permittees have agreed to the following (subject to City Commission consideration):
• Administrative Fee of$110,for non-City resident tows, which reflects a 43% increase from
the current amount of$77, and a 27% decrease from the Permittee's requested amount
of$150; and
• Flat rate tow of$50, for City residents only, to any location within City limits as a result of
a flood event, tropical storm, hurricane, or natural disaster, as indicated via a flash flood
warning, flash flood emergency via the National Weather Service ("NWS") and/or a state
of emergency declaration issued by the City, Miami-Dade County, State of Florida, and/or
the United States government.
FISCAL IMPACT STATEMENT
N/A
Does this Ordinance require a Business Impact Estimate?
(FOR ORDINANCES ONLY)
The Business Impact Estimate (BIE)was published on . See BIE at:
httr s://www.miamibeachfl.gov/city-hall/city-clerk/meeting-notices/
FINANCIAL INFORMATION
N/A
CONCLUSION
The proposed amendments to the City's Administrative Rules and Regulations are necessary in
order to comply with the new State law resulting from HB 179, which will take effect on July 1,
2024. With regard to the Permittees' requested increase in the Administrative Fee, for non-City
resident tows only, from $75 (currently $77 as of October 1, 2023 due to an increase in the
Consumer Price Index("CPI"))to$150, the Permittees have stated that the increase is necessary
in order for them to remain financially viable, and to continue to provide the City with the expected
levels of service. The Administrative Fee for City residents would remain at the current rate of
$77, and subject to future CPI increases.
The Administration has negotiated in good faith with the Permittees legal counsel;and, as a result,
the Administration and the Permittees have agreed, subject to City Commission consideration, to
an Administrative Fee of $110, for non-City resident tows, and a flat rate tow of $50, for City
residents only, to any location within City limits as a result of a flood event, tropical storm,
hurricane, or natural disaster, as indicated via a flash flood warning, flash flood emergency via
the National Weather Service("NWS")and/or a state of emergency declaration issued by the City,
Miami-Dade County, State of Florida, and/or the United States government.
Page 585 of 1862
It should be noted that the Permittees are the only two (2) service providers which satisfy the
City's towing requirements under the City Code and the City's Administrative Rules and
Regulations. Further, the Permittees have and are providing good and capable towing services
to the City, and these services continue to be necessary.
The attached Resolution for City Commission consideration sets forth the necessary amendments
to the City's Administrative Rules and Regulations. The City's Administrative Rules and
Regulations will be amended administratively prior to the new State law taking effect on July 1,
2024.
The Administration recommends that the City Commission approve Amendment No. 1 to the
City's Administrative Rules and Regulations; said Amendment necessary to conform with certain
provision of the rules and regulations to newly enacted Sate law (House Bill 179); and further
approving an increase in the Permittees' Administrative Fee for non-City resident tows from the
current $77 to $110, conditioned on the Permittees' agreement to a $50 flat rate tow for City
residents during floods and other specified severe weather events; with said amendment,
increased Administrative Fees and flat rate towing fees for residents to take effect on July 1,2024.
Applicable Area
Citywide
Is this a "Residents Right to Know" item, Is this item related to a G.O. Bond •
pursuant to City Code Section 2-17? Project?
Yes No
Was this Agenda Item initially requested by a lobbyist which, as defined in Code Sec. 2-481,
includes a principal engaged in lobbying? Yes
If so, specify the name of lobbyist(s) and principal(s): Ralph Andrade
Department
Parking
Sponsor(s)
Co-sponsor(s)
Page 586 of 1862
ATTACHMENT A
LAW OFFICES OF RAFAEL E.ANDRADE, P.A.
1 688 MERIDIAN AVENUE
7TH FLOOR
MIAMI BEACH, FLORIDA 33139
TELEPHONE:305.53 1.951 1 WWW.RANDRADELAW.COM
FACSIMILE: 305.673.5734 RALPH@RANDRADELAW.COM
June 4, 2024
Via Email: RickelleWilliamsnu miamibeachfl.gov
Ms. Rickelle Williams, City Manager
City of Miami Beach
1700 Convention Center Drive
Miami Beach, FL 3319
Re: Committee Substitute for Committee Substitute for House Bill No. 179
Dear Manager Williams:
I represent the interests of Tremont Towing, Inc., and Beach Towing Services, Inc.,
(collectively, the "Tow Companies") regarding their Towing Permit's with the City. Committee
Substitute for Committee Substitute for House Bill No. 179 was signed into law by Governor
Ron DeSantis on March 22, 2024, and takes effect July 1, 2024 ("HB 179"). Enclosed, please
find a copy of HB 179.
HB 179, among other things, impacts the Tow Companies existing operations by: (i)
reducing the period for sending lien notices from 7 days to 5 days;' (ii) clarifying that a rental
agreement is not evidence that a renter is an agent of the vehicle or vessel owner; (iii)
establishing record keeping requirements; (iv) establishing required forms of payment; (v) and
establishing miscellaneous regulatory requirements. Several sections of the Towing Permit
conflict with HB 179 and must be amended to comply with the new law by July 1,2024.
The Tow Companies compliance with HB 179 will increase their operating costs, which,
together with sustained inflation and rising insurance, equipment, and labor costs, places an
untenable financial burden on them. In this regard, it is vital to note that when the Towing
Permits were issued in June 2022, the Tow Companies voluntarily agreed to discount the F.S.
713.78(15)(a) administrative fee from $250 to $75,2 and to delay sending the lien notices by 36
hours.3 However, due to HB 179, the Tow Companies can no longer afford to so deeply discount
the administrative fee, or to delay sending the lien notices. To comply with the new requirement
to send lien notices within 5 days, and remain financially viable,the Tow Companies must adjust
the administrative fee for non-resident tows to $150 and eliminate the 36-hour waiting period.
All other rates remain the same. Please note that even with this adjustment, the Tow Companies
are still voluntarily discounting 40%off the$250 administrative fee.
I Pursuant to Section 713.78(12)(a), Florida Statutes, any person who violates Section 713.78(4),
Florida Statutes, is guilty of a misdemeanor of the first degree.
2 Section 713.78(15)(a), Florida Statutes; Section 22(C)(3)of the Towing Permit(attached).
3 Section 22(C)(3) of the Towing Permit.
Page 587 of 1862
Enclosed, please find a proposed amendment to the Towing Permit for your review and
consideration. As always, the Tow Companies are available to meet with the City to discuss the
implementation of HB 179 and any other matters of concern to the_City. The Tow Companies
looks forward to continuing to serve the City and being an integral part of the City's public
safety efforts.
Thank you for your attention to this matter.
Sincerely,
/s/Rafael E. Andrade
Rafael E. Andrade
cc: Ricardo J. Dopico, City Attorney
David Martinez, Assistant City Manager
Jose R. Gonzalez, Parking Director
Alberto Ventura, Assistant Parking Director
Page 588 of 1862
3. Administrative Fee:
Pursuant to Section 713.78(2), Florida Statutes, whenever the Permittee
impounds and/or stores a vehicle or vessel under this Permit, the
Permittee has a lien on the vehicle or vessel for a reasonable towing fee,
for a reasonable administrative fee or charge imposed by a county or
municipality, and for a reasonable storage fee; except that a storage fee
may not be charged if the vehicle or vessel is stored for fewer than 6
hours. Although Section 713.78(15)(a), Florida Statutes, authorizes
Permittee to charge a $250 administrative fee for releasing a claim of lien
on an impounded vehicle or vessel, Permittee uoluritarily.agrees to charge
only a $75 administrative fee plus the actual costs of complying with
Section 713.78, Florida Statutes. Such administrative fee may only be
charged after the first thirty-six (36) hours of storage. "Administrative fee"
as used in this Section 22(C)(3) shall have the same meaning ascribed to
it in Section 713.78(15)(a), Florida Statutes. The administrative fee shall
not be imposed on vehicles owned by Miami Beach Residents or vehicles
with a "police hold" until or unless the hold is removed. In order to be
eligible for the waiver of the $75 administrative fee, residents must provide
proof of residency within the City of Miami Beach, and their driver's license
information must match the registration information of the towed vehicle.
4. City Permit Fee:
Permittee will impose and collect on behalf of the City a Permit Fee of
$30.00.
5. Indexing Provision:
35
Page 589 of 1862
ATTACHMENT B
CHAPTER 2024-27
Committee Substitute for
Committee Substitute for House Bill No. 179
An act relating to towing and storage; amending ss. 125.0103 and 166.043,
F.S.; requiring certain counties and municipalities to publish specified
rates on their websites and establish a specified process; providing that
rates established by the Division of Florida Highway Patrol apply to
certain areas of the state; amending s. 321.051, F.S.; prohibiting the
division from excluding certain wrecker operators from the wrecker
operator system or failing to designate certain wrecker operators as
authorized wrecker operators; providing exceptions; requiring, rather
than authorizing, the division to establish certain maximum rates;
requiring the Department of Highway Safety and Motor Vehicles to
publish such rates on its website and establish a specified process;
amending s. 323.001, F.S.; requiring an investigating agency or certain
other persons to take possession of certain vehicles within a specified
timeframe, unless another timeframe is otherwise agreed upon; amending
s. 713.78, F.S.; providing and reordering definitions; authorizing towing-
storage operators to charge certain fees; providing that towing-storage
operators have a lien on a vehicle or vessel for such fees; authorizing
towing-storage operators to enter, using reasonable care, a vehicle or
vessel for specified purposes; providing liability under certain circum-
stances; revising requirements for law enforcement agencies, counties,
municipalities, and the department relating to the removal of vehicles or
vessels; revising requirements for notices of lien; revising requirements
for towing-storage operators providing notice to public agencies of
jurisdiction; authorizing certain persons and entities to initiate judicial
proceedings to determine certain findings; authorizing certain persons
and entities to post, without first initiating judicial proceedings; a cash or
surety bond for a certain amount to have a vehicle or vessel released;
prohibiting the requirement to initiate judicial proceedings in order to post
such bond and the requirement to use a particular form; requiring the
clerk of the court to automatically issue a certificate notifying a towing-
storage operator to release the vehicle or vessel; requiring the party that
posts the bond to give a receipt to the towing-storage operator reciting any
property loss or damage to the vehicle or vessel or the contents thereof,
and waiving such claims if such receipt is not provided;requiring a towing-
storage operator to release or return the vehicle or vessel to the interested
party that posted the bond; requiring the clerk of the court to release the
cash bond or issue a specified notice relating to the surety bond to the
towing-storage operator if the interested party does not initiate judicial
proceedings within a certain timeframe; providing obligations relating to
such notice; providing for expiration of such notice; requiring the court to
award all recovery,towing,and storage fees to the towing-storage operator
if the defendant prevails in the judicial proceedings; revising the time-
frame in which certain unclaimed vehicles or vessels may be sold; revising
1
CODING: Words stricken are deletions; words underlined are additions.
Page 590 of 1862
Ch. 2024-27 LAWS OF FLORIDA Ch. 2024-27
requirements for notices of sale;requiring approved third-party services to
publish public notices of sale and report certain information by specified
means to the department; providing the maximum fee that approved
third-party services may collect and retain for such services; revising
provisions for permission to inspect a vehicle or vessel; providing time-
frames in which a vehicle, vessel, or personal property must be made
available for inspection and release; revising criminal penalties;requiring
towing-storage operators to accept certain documents, one of which must
be notarized, as evidence of a person's interest in a vehicle or vessel;
prohibiting certain persons from being required to furnish more than one
form of current government-issued photo identification for purposes of
verifying their identity; requiring towing-storage operators to maintain
certain records for a certain period of time; requiring towing-storage
operators to accept certain types of payment; providing for preemption;
requiring towing-storage operators to maintain a rate sheet; providing
requirements for such rate sheet; providing that certain fees are
unreasonable;requiring towing-storage operators to maintain an itemized
invoice for specified fees; providing requirements for such invoice;
requiring disclosure of such invoice to specified persons and entities
within a certain timeframe; providing applicability; making technical
changes; amending s. 715.07,F.S.;conforming a cross-reference;providing
an effective date.
Be It Enacted by the Legislature of the State of Florida:
Section 1. Paragraphs (b) and (c) of subsection (1) of section 125.0103,
Florida Statutes, are amended, and paragraph (d) is added to that
subsection, to read:
125.0103 Ordinances and rules imposing price controls.—
(1)
(b) This section does not prevent the enactment by local governments of
public service rates otherwise authorized by law, including water, sewer,
solid waste, public transportation, taxicab, or port rates},rates for towing of
vehicles or vessels from or immobilization of vehicles or vessels on private
property},or rates for removal and storage of wrecked or disabled vehicles or
vessels from an accident scene or 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 removal of the vehicle or
vessel.
(c) Counties must establish maximum rates which may be charged on
the towing of vehicles or vessels from or immobilization of vehicles or vessels
on private property or which may be charged for; removal and storage of
wrecked or disabled vehicles or vessels from an accident scene or 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
2
CODING: Words strict are deletions; words underlined are additions.
Page 591 of 1862
Ch. 2024-27 LAWS OF FLORIDA Ch. 2024-27
the law enforcement officer at the scene, or otherwise does not consent to the
removal of the vehicle or vessel. However, if a municipality chooses to enact
an ordinance establishing the maximum rates for the towing or immobiliza-
tion of vehicles or vessels as described in paragraph (b), the county's
ordinance does not apply within such municipality.
(d) A county or municipality that has established maximum rates as
described in paragraph (c) must publish such rates on its website and must
establish a process for investigating and resolving complaints regarding fees
charged in excess of such rates. In areas where no maximum rates as
described in paragraph (c) have been established, the maximum rates
established by the Division of Florida Highway Patrol under s. 321.051(2)
apply.
Section 2. Paragraphs (b) and (c) of subsection (1) of section 166.043,
Florida Statutes, are amended, and paragraph (d) is added to that
subsection, to read:
166.043 Ordinances and rules imposing price controls.—
(1)
(b) This section does not prevent the enactment by local governments of
public service rates otherwise authorized by law, including water, sewer,
solid waste, public transportation, taxicab, or port rates;;rates for towing of
vehicles or vessels from or immobilization of vehicles or vessels on private
property;;or rates for removal and storage of wrecked or disabled vehicles or
vessels from an accident scene or 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 removal of the vehicle or
vessel.
(c) Counties must establish maximum rates which may be charged on
the towing of vehicles or vessels from or immobilization of vehicles or vessels
on private property or which may be charged for; removal and storage of
wrecked or disabled vehicles or vessels from an accident scene or 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
removal of the vehicle or vessel. However, if a municipality chooses to enact
an ordinance establishing the maximum rates for the towing or immobiliza-
tion of vehicles or vessels as described in paragraph (b), the county's
ordinance established under s. 125.0103 does not apply within such
municipality.
(d) A county or municipality that has established maximum rates as
described in paragraph (c) must publish such rates on its website and must
establish a process for investigating and resolving complaints regarding fees
charged in excess of such rates. In areas where no maximum rates as
3
CODING: Words stricken are deletions; words underlined are additions.
Page 592 of 1862
Ch. 2024-27 LAWS OF FLORIDA Ch. 2024-27
described in paragraph (c) have been established, the maximum rates
established by the Division of Florida Highway Patrol under s. 321.051(2)
apply.
Section 3. Subsection(2)of section 321.051,Florida Statutes,is amended
to read:
321.051 Florida Highway Patrol wrecker operator system; penalties for
operation outside of system.—
(2)(a) The Division of Florida Highway Patrol of the Department of
Highway Safety and Motor Vehicles is authorized to establish within areas
designated by the patrol 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,
in the event the owner or operator is incapacitated or unavailable or leaves
the procurement of wrecker service to the officer at the scene. All reputable
wrecker operators are shall-be eligible for use in the system provided their
equipment and drivers meet recognized safety qualifications and mechanical
standards set by rules of the Division of Florida Highway Patrol for the size
of vehicle it is designed to handle. The division may not exclude a wrecker
operator from the wrecker operator system or fail to designate a wrecker
operator as an authorized wrecker operator based solely on a prior felony
conviction unless such conviction is for a forcible felony as defined in s.
776.08 or a felony listed in s. 812.014(2)(c)6. or s. 812.16(2). The division is
authorized to limit the number of wrecker operators participating in the
wrecker operator system,which authority shall not affect wrecker operators
currently participating in the system established by this section. The
division must ' establish maximum rates for the towing
and storage of vehicles removed at the division's request, where such rates
have not been set by a county or municipality pursuant to s. 125.0103 or s.
166.043. Such rates shall not be considered rules for the purpose of chapter
120; however, the department shall establish by rule a procedure for setting
such rates.
(b) The department must publish on its website the maximum rates
established under this subsection and must establish a process for
investigating and resolving complaints regarding fees charged in excess of
such maximum rates.
(c) Any provision in chapter 120 to the contrary notwithstanding, a final
order of the department denying, suspending, or revoking a wrecker
operator's participation in the system shall be 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 wherein
such wrecker operator resides.
Section 4. Subsection(8)is added to section 323.001, Florida Statutes, to
read:
4
CODING: Words stricken are deletions; words underlined are additions.
Page 593 of 1862 .
Ch. 2024-27 LAWS OF FLORIDA Ch. 2024-27
323.001 Wrecker operator storage facilities; vehicle holds.—
(8) If a vehicle is stored at a wrecker operator's facility pursuant to an
investigatory hold or a hold for other evidentiary purposes,the investigating
agency or other person requiring such hold must take possession of the
vehicle within 30 days after the first day on which the vehicle is stored,
unless another timeframe is otherwise agreed upon by the wrecker operator
and the investigating agency or other person requiring the hold.
Section 5. Subsections (1), (2), (4), (5), (6), (8), (9), and(10), paragraph(a)
of subsection (11), paragraphs (a) and (d) of subsection (12), paragraphs (a),
(b), and (d) of subsection (13), and subsection (17) of section 713.78, Florida
Statutes, are amended, and subsections (18), (19), and(20) are added to that
section, to read:
713.78 Liens for recovering, towing, or storing vehicles and vessels.—
(1) For the purposes of this section, the term:
(a)(e) "Equivalent commercially available system" means a service that
charges a fee to provide vehicle information and that at a minimum
maintains records from those states participating in data sharing with
the National Motor Vehicle Title Information System.
(b) "Good faith effort" means that all of the following checks have been
performed by a towing-storage operator to establish the prior state of
registration and title of a vehicle or vessel that has been towed or stored by
the towing-storage operator:
1. A check of the department's database for the owner and any
lienholder.
2. A check of the electronic National .Motor Vehicle Title Information , ,
System or an equivalent commercially available system to determine the
state of registration when there is not a current registration record for the
vehicle or vessel on file with the department.
3. A check of the vehicle or vessel for any type of tag, tag record,
temporary tag, or regular tag.
4. A check of the law enforcement report for a tag number or other
information identifying the vehicle or vessel, if the vehicle or vessel was
towed at the request of a law enforcement officer.
5. A check of the trip sheet or tow ticket of the tow truck operator to
determine whether a tag was on the vehicle or vessel at the beginning of the
tow, if a private tow.
6. If there is no address of the owner on the impound report, a check of
the law enforcement report to determine whether an out-of-state address is
indicated from driver license information.
5
CODING: Words stricken are deletions; words underlined are additions.
Page 594 of 1862
Ch. 2024-27 LAWS OF FLORIDA Ch. 2024-27
7. A check of the vehicle or vessel for an inspection sticker or other
stickers and decals that may indicate a state of possible registration.
8. A check of the interior of the vehicle or vessel for any papers that may
be in the glove box, trunk, or other areas for a state of registration.
9. A check of the vehicle for a vehicle identification number.
10. A check of the vessel for a vessel registration number.
11. A check of the vessel hull for a hull identification number which
should be carved, burned, stamped, embossed, or otherwise permanently
affixed to the outboard side of the transom or, if there is no transom, to the
outmost seaboard side at the end of the hull that bears the rudder or other
steering mechanism.
(c)(d) "National Motor Vehicle Title Information System" means the
federally authorized electronic National Motor Vehicle Title Information
System.
(d) "Newer model" means a vehicle or vessel that is 3 model years old or
less, beginning with the model year of the vehicle or vessel as year one.
(e) "Older model" means a vehicle or vessel that is more than 3 model
years old, beginning with the model year of the vehicle or vessel as year one.
(f) "Towing-storage operator" means a person who regularly engages in
the business of transporting vehicles or vessels by wrecker, tow truck, or car
carrier, or the storing of such vehicles or vessels.
(g)(a) "Vehicle"means any mobile item,whether motorized or not,which
is mounted on wheels.
(h)(b) "Vessel"means every description of watercraft, barge, and airboat
used or capable of being used as a means of transportation on water, other
than a seaplane or a "documented vessel" as defined in s. 327.02.
(i)(e-) "Wrecker" means any truck or other vehicle that which is used to
tow, carry, or otherwise transport meter vehicles or vessels upon the streets
and highways of this state and which is equipped for that purpose with a
boom, winch, car carrier, or other similar equipment.
(2)(a) Whenever A towing-storage operator may charge the owner or
operator of a vehicle or vessel only the following fees for, or incidental to, the
recovery, removal, or storage of the vehicle or vessel:
1. Any reasonable fee for service specifically authorized under s.
125.0103 or s. 166.043 by ordinance, resolution, regulation, or rule of the
county or municipality in which the service is performed.
6
CODING: Words sten are deletions; words underlined are additions.
Page 595 of 1862
Ch. 2024-27 LAWS OF FLORIDA Ch. 2024-27
2. Any reasonable fee for service specifically authorized by the Division
of Florida Highway Patrol of the Department of Highway Safety and Motor
Vehicles under s. 321.051(2).
3. Any reasonable fee for service as agreed upon in writing between a
towing-storage operator and the owner of a vehicle or vessel.
4. Any lien release administrative fee as set forth in paragraph (15)(a).
5. Any reasonable administrative fee or charge imposed by a county or
municipality pursuant to s. 125.01047, s. 166.04465, or s. 323.002 upon the
registered owner or other legally authorized person in control of a vehicle or
vessel.
(b) If a towing-stora a operator persen-regularVengaged-in-the-business
of transporting vehicles or vessels by wrecker, tow truck, or car carrier
recovers, removes, or stores a vehicle or vessel upon instructions from:
1.(a) The owner thereof;
2.(b) The owner or lessor, or a person authorized by the owner or lessor,
of property on which such vehicle or vessel is wrongfully parked, and the
removal is done in compliance with s. 715.07;
3.(e) The landlord or a person authorized by the landlord, when such
meter vehicle or vessel remained on the premises after the tenancy
terminated and the removal is done in compliance with s. 83.806 or s.
715.104; or
4.(d) Any law enforcement agency, county, or municipality,
she or he has shall have a lien on the vehicle or vessel for fees specified in
paragraph(a) ,
;
except that a storage fee may not be charged if the vehicle or vessel is stored
for less fewer than 6 hours.
(c) A towing-storage operator may enter, using reasonable care, a vehicle
or vessel for purposes of recovering, removing, or storing such vehicle or
vessel. A towing-storage operator is liable for any damage to the vehicle or
vessel if such entry is not in accordance with the standard of reasonable care.
(4)(a) A towing-storage operator person regularly engaged in the
business of recovering, towing, or storing vehicles or vessels who comes
into possession of a vehicle or vessel pursuant to paragraph(2)(b) subsection
(2), and who claims a lien for recovery,towing, or storage services,must shall
give notice, by certified mail, pursuant to subsection (16), to the registered
owner, the insurance company insuring the vehicle or vessel notwithstand-
ing s. 627.736, and all persons claiming a lien thereon, as disclosed by the
records in the Department of Highway Safety and Motor Vehicles or as
disclosed by the records of any corresponding agency in any other state in
7
CODING: Words stamen are deletions; words underlined are additions.
Page 596 of 1862
Ch. 2024-27 LAWS OF FLORIDA Ch. 2024-27
which the vehicle or vessel is identified through a records check of the
National Motor Vehicle Title Information System or an equivalent commer-
cially available system as being titled or registered.
(b) When Whenever a law enforcement agency, county, or municipality
authorizes the removal of a vehicle or vessel, or whenever a towing service,
garage, repair shop, or automotive service, storage, or parking place notifies
a the law enforcement agency of possession of a vehicle or vessel pursuant to
s. 715.07(2)(a)2., if an approved third-party service cannot obtain the
vehicle's or vessel's owner, lienholder, and insurer information or last
state of record pursuant to subsection (16), then the person in charge of the
towing service, garage, repair shop, or automotive service, storage, or
parking place must request such information from the law enforcement
agency of the jurisdiction where the vehicle or vessel is stored. The law
enforcement agency to which the request was made must shall contact the
Department of Highway Safety and Motor Vehicles, or the appropriate
agency of the state of registration, if known, within 24 hours through the
medium of electronic communications, giving the full description of the
vehicle or vessel. Upon receipt of the full description of the vehicle or vessel,
the department must shall search its files to determine the owner's name,
the insurance company insuring the vehicle or vessel, and whether any
person has filed a lien upon the vehicle or vessel as provided in s. 319.27(2)
and (3) and notify the applicable law enforcement agency within 72 hours.
The person in charge of the towing service, garage, repair shop, or
automotive service, storage, or parking place must request shallobtain
such information from the applicable law enforcement agency within 5 days
after the date of storage and must provide the information to the approved
third-party service in order to transmit notices as required under subsection
(16) shalloti t to 1 ' The department may
release the insurance company information to the requestor notwithstand-
ing s. 627.736.
(c) The notice of lien must be sent by an approved third-party service by
certified mail to the registered owner, the insurance company insuring the
vehicle notwithstanding s. 627.736, and all other persons claiming a lien
thereon within 5 7 business days, excluding a Saturday} itild Sunday, or
federal legal holiday, after the date of storage of the vehicle or vessel.
the sale of the vehicle or vessel. The notice must state all of the following:
1. If the claim of lien is for a vehicle, the last 8 digits of the vehicle
identification number of the vehicle subject to the lien, or, if the claim of lien
is for a vessel,the hull identification number of the vessel subject to the lien,
clearly printed in the delivery address box and on the outside of the envelope
sent to the registered owner and all other persons claiming an interest in
therein or lien on the vehicle or vessel thereon.
2. 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
8
CODING: Words st ken are deletions; words underlined are additions.
Page 597 of 1862
Ch. 2024-27 LAWS OF FLORIDA Ch. 2024-27
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 paragraph (2)(b) subsection (2) is claimed.
6. That charges have accrued and include an itemized statement of the
amount thereof.
7. That the lien is subject to enforcement under law and that the owner
or lienholder, if any, has the right to initiate judicial proceedings 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 an older model more-than-3-years-of-age or 57 50
days after the vehicle or vessel is stored by the lienor if the vehicle or vessel is
a newer model 3 years of age or les.,.
9. The address at which the vehicle or vessel is physically located.
(d) The notice of lien may not be sent to the registered owner, the
insurance company insuring the vehicle or vessel, and all other persons
claiming a lien thereon less than 30 days before the sale of a the vehicle or
vessel that is an older model or less than 52 days before the sale of a vehicle •
or vessel that is a newer model.
(e) If attempts to locate the name and address of the registered owner}
the insurance company insuring the vehicle or vessel, and any other person
claiming a lien thereon are unsuccessful, 5 the-towing-
storage operator shall, after 7 business days, excluding a Saturday and
Sunday, or federal legal holiday,after the initial tow or storage, the towing-
storage operator must notify the public agency of jurisdiction where the
vehicle or vessel is stored in writing by certified mail or receipt-acknowl-
edged electronic delivery acknowledgednd delivery that the towing-
storage operator eompany has been unable to locate the name and address of
the owner or lienholder and a physical search of the vehicle or vessel has
disclosed no ownership information and a good faith effort has been made,
including records checks of the Department of Highway Safety and Motor
Vehicles database and the National Motor Vehicle Title Information System
or an equivalent commercially available system.
parctg aph axr c bsection (9 ie to "g od faith effo means at-the
state of registration and for title:
9
CODING: Words stricken are deletions; words underlined are additions.
Page 598 of 1862
Ch. 2024-27 LAWS OF FLORIDA Ch. 2024-27
a A eck of the—depar ent's ase—fe the--ow er and any
lienhelder.
2. A check of the electronic National Motor Vehicle Title Information
vehicle ^ e ^n file with th aepa„tmen+
3 eck of the vehicle-e ozessel fo . typo o f + + eeerd,
temporary tag, or regular tag.
4 n check of the law enforcemen+ rt + b
�� ..��... �, 1(AYY lilllorccrrrcrrrrepv�c�cu�rium-uCr or other
information identifying the vehicle or vessel, if the vehicle or vessel waJ
towed at the r st of a law enf cement ^ ^^
V Y1Vu uV uiiG 1Gl�uGllV Vl U 1LA YY G111V11iG111G11V�111iLirir:
5. A „heck-of the-t sheetort@w ickeet-oi the tow truck operatoz to
tow, ;f „ at„ t„ .
6. If there is no address of the owner en the impound report, a check of
7. A check of the vehicle or vessel for an inspection sticker or other
stick^ na d^ als tha+ y .,d; + + + r ible + t
------ �-- ---�-"' ---�""- --�� �_..-1ls CL Vt• CL n�J VCi VY.s 1J1�7^ .
8. A check of the interior of the vehicle or vessel for any papers that may
be in the glove box, trunk, or other areas for a state of registration.
a n „he„v o f the vehicle f r ^ h l d o f +
10. A check of the vessel for a vessel registration number.
11. A check of the vessel hull for a+ hull identification number which
> >
steering mechanism.
(5)(a) The registered owner of a vehicle or vessel in the possession of a
towing-storage operator, the insurance company insuring such vehicle or
vessel, and any other remove nt to subsection (2), person
1 Glll
claiming a lien thereon, other than the towing-storage operator,may initiate
judicial proceedings
the location ofthe v e cle ^ ei, m ,file-a-complaint in the county court
of competent jurisdiction in the county in which the vehicle or vessel is
stored to determine whether the vehicle or vessel her er h;s property was
wrongfully taken or withheld or whether fees were wrongfully charged.
(b) Regardless of whether judicial proceedings have been initiated
pursuant to paragraph (a)x at any time before the sale of the vehicle or
10
CODING: Words stricken are deletions; words underlined are additions.
Page 599 of 1862
Ch. 2024-27 LAWS OF FLORIDA Ch. 2024-27
vessel by the towing-storage operator, the an owner of the vehicle or vessel,
the insurance company insuring the vehicle or vessel, and any other person
claiming a lien thereon, other than the towing-storage operator, Of
liehelder may have the her or his vehicle or vessel released upon posting
with the clerk of the court in the county in which the vehicle or vessel is held
a cash or surety bond or other adequate security equal to the amount of the
accrued charges set forth in the notice of lien, plus accrued storage charges,
at the time of the release of the vehicle or vessel, if any,for towing or storage
to ensure the payment of such charges in the event a
court determines that the vehicle or vessel was not wrongfully taken or
withheld or fees were not wrongfully charged. The owner of the vehicle or
vessel, the insurance company insuring the vehicle or vessel, and any other
person claiming a lien thereon, other than the towing-storage operator,may
not be required to initiate judicial proceedings in order to post the bond in
the registry of the court and are not required to use a particular form for
posting the bond unless the clerk provides such form she or he docs not
prevail. Upon the posting of the bond and the payment of the applicable fee
set forth in s. 28.24, the clerk of the court must automatically shall issue a
certificate notifying the towing-storage operator lies of the posting of the
bond and directing the towing-storage operator liener to release the vehicle
or vessel to the party that posted the bond. At the time of such release, after
reasonable inspection, the party that posted the bond must
give a receipt to the towing-storage operator eempany reciting any claims
she or he has for loss or damage to the vehicle or vessel or the contents
thereof, or such claims are deemed waived.
1. Upon receiving a copy of a certificate giving notice of the posting of a
bond in the required amount and directing the release of the vehicle or
vessel, a towing-storage operator must release or return the vehicle or vessel
to the party that posted the bond.
2. If the party posting the bond does not initiate judicial proceedings
pursuant to paragraph(a)within 45 days after the issuance of the certificate
by the clerk of the court, then upon request by the towing-storage operator,
the clerk of the court must:
a. Release the cash to the towing-storage operator; or
b. Issue a notice certifying that a judicial proceeding has not been
initiated within 45 days after the issuance of the certificate and requiring
the surety that issued the bond to promptly pay the full face value of the
bond to the towing-storage operator. The towing-storage operator has the
obligation, upon receipt of the clerk's notice,. to timely notify_the surety of
such notice. A notice issued by the clerk under this sub-subparagraph
expires 120 days after its issuance if the notice is not delivered to the surety.
(c) Upon determining the respective rights of the parties, the court may
award damages, attorney ads fees,and costs in favor of the prevailing
party. In the any event the defendant prevails, the final order must shall
provide for immediate payment in full of recovery, towing, and storage fees
11
CODING: Words stricken are deletions; words underlined are additions.
Page 600 of 1862
Ch. 2024-27 LAWS OF FLORIDA Ch. 2024-27
by the vehicle or vessel owner or lienholder; or the agency ordering the tow;
or the owner, lessee, or agent thereof of the property from which the vehicle
or vessel was removed.
(6) A vehicle or vessel that is stored pursuant to paragraph (2)(b)
subsection (2) and remains unclaimed, or for which reasonable charges for
recovery, towing, or storing remain unpaid, and any contents not released
pursuant to subsection (10), may be sold by the owner or operator of the
storage space for such towing or storage charge 35 days after the vehicle or
vessel is stored by the lienor if the vehicle or vessel is an older model mere
than 3 years of age or 57 58 days after the vehicle or vessel is stored by the
lienor if the vehicle or vessel is a newer model 3 years of age or lest. The sale
must shall be at public sale for cash. If the date of the sale was not included
in the notice required in subsection(4),notice of the sale must shall be given
to the person in whose name the vehicle or vessel is registered and to all
persons claiming a lien on the vehicle or vessel as shown on the records of the
Department of Highway Safety and Motor Vehicles or of any corresponding
agency in any other state in which the vehicle is identified through a records
check of the National Motor Vehicle Title Information System or an
equivalent commercially available system as being titled. Notice of the
sale must be sent by certified mail to the registered owner of the vehicle or
vessel, the insurance company insuring the vehicle or vessel, and the person
having the recorded lien on the vehicle or vessel at the address shown on the
records of the registering agency at least 30 days before the sale of the
vehicle or vessel. The notice t have, learly;a rti f„a d te,a •f th
.. � 'c'r:�zzzccv�crcurry--ra�cacrrrcct-'uFrcrpriiiccuzrcrie
claim of lien is for a motor vehicle, The last 8 digits of the vehicle
identification number of the motor vehicle subject to the lien, or, if the
claim of lien is for a vessel, the hull identification number of the vessel
subject to the lien, must be clearly identified and printed in the delivery
address box and on the outside of the envelope sent to the registered owner,
the insurance company insuring the vehicle or vessel, and all other persons
claiming an interest in therein or lien on the vehicle or vessel thereon. The
no cost be-sent to-thowner of t ie=v a icle-oi=v'essseel-and trhe person
records of the registering agency at least 30 days before the sale of the
vehicle or vessel. The notice must state the name, physical address, and
telephone number of the lienor, and the vehicle identification number if the
claim of lien is for a vehicle or the hull identification number if the claim of
lien is for a vessel,all of which must also appear in the return address section
on the outside of the envelope containing the notice of sale. After diligent
search and inquiry, if the name and address of the registered owner or the
owner of the recorded lien cannot be ascertained, the requirements of notice
by mail may be dispensed with. In addition to the notice by mail, public
notice of the time and place of sale must shall be made by publishing a notice
thereof one time, at least 20 10 days before the date of the sale, on the
publicly available website maintained by an approved third-party service.
The third-party service must electronically report to the Department of
Highway Safety and Motor Vehicles,via an electronic data exchange process
using a web interface, the name, physical address, and telephone number of
12
CODING: Words stricken are deletions; words underlined are additions.
Page 601 of 1862
Ch. 2024-27 LAWS OF FLORIDA Ch. 2024-27
the lienor; the time and place of the sale; the vehicle's license plate number,
if known; the vehicle identification number, if the claim of lien is for a
vehicle, or the hull identification number, if the claim of lien is for a vessel;
and the amount due for towing, recovery, storage, and administrative fees.
The third-party service that publishes the public notice of sale and
electronically reports the required information to the department may
collect and retain a service charge of no more than $1
^l ,l„t; „ the a „ty; „hich ti. l � h l� The proceeds
a�+��...�vii.+.,...,a Pavia aii vain �v..aaauJ aaa it aaivai viav �ui�ao �av N�iacz�.
of the sale, after payment of reasonable towing and storage charges, and
costs of the sale, in that order of priority, must shall be deposited with the
clerk of the circuit court for the county if the owner or lienholder is absent,
and the clerk must shall hold such proceeds subject to the claim of the owner
or lienholder legally entitled thereto. The clerk is shall he entitled to receive
5 percent of such proceeds for the care and disbursement thereof. The
certificate of title issued under this section must be discharged
of all liens unless otherwise provided by court order.The owner or lienholder
may file a complaint after the vehicle or vessel has been sold in the county
• court of the county in which it is stored. Upon determining the respective
rights of the parties, the court may award damages, attorney fees, and costs
in favor of the prevailing party.
(8) A towing-storage operator person regularly gaged , - the hus ae s
of recovering, towing, or storing vehicles or vessels, except a person licensed
under chapter 493 while engaged in"repossession" activities as defined in s.
493.6101, may not operate a wrecker, tow truck, or car carrier unless the
name, address, and telephone number of the company performing the
service is clearly printed in contrasting colors on the driver and passenger
sides of its vehicle. The name must be in at least 3-inch permanently affixed
letters, and the address and telephone number must be in at least 1-inch
permanently affixed letters.
(9) Failure to make good, faith efforts to comply with the notice
requirements of this section precludes the imposition of any storage charges
against the vehicle or vessel. If a lienor fails to provide notice to a person
claiming a lien on a vehicle or vessel in accordance with subsection (4), the
lienor may not charge the person for more than 5 7 days of storage, but such
failure does not affect charges made for towing the vehicle or vessel or the
priority of liens on the vehicle or vessel.
(10) A towing-storage operator must Persons who provide services
permit vehicle or vessel owners, lienholders,
insurance company representatives, or their agents, whose interest in the
vehicle or vessel is evidenced by any of the documents listed in subsection
(17) ting dgea by th^
owner before a notary public or other person empowered by law to
administer-oaths, to inspect the towed vehicle or vessel and must shall
release 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 towing-storage
operator. The inspection and release of the vehicle, vessel, or personal
13
CODING: Words stricken are deletions; words underlined are additions.
Page 602 of 1862
Ch. 2024-27 LAWS OF FLORIDA Ch. 2024-27
property must be permitted within 1 hour after the owner, lienholder,
insurance company representative, or their agent presents any of the
documents listed in subsection (17) to the towing-storage operator during
normal business hours at the site where the vehicle or vessel is stored.
Notwithstanding subparagraph (17)(a)6., a rental vehicle or vessel agree-
ment is not evidence that the person who rented a vehicle or vessel is an
agent of the rental vehicle or vessel owner for the purpose of releasing the
vehicle or vessel. However, a towing-storage operator must release to the
renter of a rental vehicle or vessel all personal property belonging to the
renter which is not affixed to the rental vehicle or vessel within 1 hour after
the renter's arrival person ,idir c .
(11)(a) A towing-storage operator Any-persen-regular-ly-engaged4n-the
business vl lca.v , �, "
t" st" ehicl. els who comes into
possession of a vehicle or vessel pursuant to paragraph (2)(b) subsection2)
and who has complied with subsections (4)(3)and(6),when
such vehicle or vessel is to be sold for purposes of being dismantled,
destroyed, or changed in such manner that it is not the meter vehicle or
vessel described in the certificate of title, must shall report the vehicle to the
National Motor Vehicle Title Information System and apply to the Depart-
ment of Highway Safety and Motor Vehicles for a certificate of destruction.A
certificate of destruction,which authorizes the dismantling or destruction of
the vehicle or vessel described therein, is shall--be reassignable a maximum
of two times before dismantling or destruction of the vehicle is shall be
required, and must shall accompany the vehicle or vessel for which it is
issued, when such vehicle or vessel is sold for such purposes, in lieu of a
certificate of title. The application for a certificate of destruction must
include proof of reporting to the National Motor Vehicle Title Information
System and an affidavit from the applicant that she or he it has complied
with all applicable requirements of this section and,if the vehicle or vessel is
not registered in this state or any other state, by a statement from a law
enforcement officer that the vehicle or vessel is not reported stolen, and must
shall be accompanied by such documentation as may be required by the
department.
(12)(a) Any person who violates of s„b tio„ ('`, subsec-
tion (2), subsection (4), subsection (5), subsection (6), or subsection (7) is
guilty of a misdemeanor of the first degree, punishable as provided in s.
775.082 or s. 775.083.
(d) Employees of the Department of Highway Safety and Motor Vehicles
and law enforcement officers are authorized to inspect the records of a
towing-storage operator any person g larly engaged in the business of
a Tay � Ta f Y b
vessels by wrecker, tow truck, or car carrier, to ensure compliance with the
requirements of this section.A towing-storage operator.A.rty-persen who fails
to maintain records, or fails to produce records when required in a
reasonable manner and at a reasonable time, commits a misdemeanor of
the first degree, punishable as provided in s. 775.082 or s. 775.083.
14
CODING: Words stricken are deletions; words underlined are additions.
Page 603 of 1862
Ch. 2024-27 LAWS OF FLORIDA Ch. 2024-27
(13)(a) Upon receipt by the Department of Highway Safety and Motor
Vehicles of written notice from a wrecker operator who claims a wrecker
operator's lien under subparagraph (2)(b)4. paragraph (2)(d) for recovery,
towing, or storage of an abandoned vehicle or vessel upon instructions from
any law enforcement agency, for which a certificate of destruction has been
issued under subsection (11) and the vehicle has been reported to the
National Motor Vehicle Title Information System, the department shall
place the name of the registered owner of that vehicle or vessel on the list of
those persons who may not be issued a license plate or revalidation sticker
for any motor vehicle under s. 320.03(8). If the vehicle or vessel is owned
jointly by more than one person, the name of each registered owner must
shall be placed on the list.The notice of wrecker operator's lien must shall be
submitted on forms provided by the department and,whieli must include all
of the following:
1. The name, address, and telephone number of the wrecker operator.
2. The name of the registered owner of the vehicle or vessel and the
address to which the wrecker operator provided notice of the lien to the
registered owner under subsection (4).
3. A general description of the vehicle or vessel,including its color,make,
model, body style, and year.
4. The vehicle identification number (YIN); registration license plate
number, state, and year; validation decal number, state, and year; vessel
registration number; hull identification number; or other identification
number, as applicable.
5. The name of the person or the corresponding law enforcement agency
that requested that the vehicle or vessel be recovered, towed, or stored.
'6. The amount of the wrecker operator's lien, not to exceed the amount
allowed by paragraph (b).
(b) For purposes of this subsection only, the amount of the wrecker
operator's lien for which the department will prevent issuance of a license
plate or revalidation sticker may not exceed the amount of the charges for
recovery, towing, and storage of the vehicle or vessel for 7 days. These
charges may not exceed the maximum rates imposed by the ordinances of the
respective county or municipality under ss. 125.0103(1)(c)and 166.043(1)(c).
This paragraph does not limit the amount of a wrecker operator's lien
claimed under paragraph(2)(b) subsection-(2 )or prevent a wrecker operator
from seeking civil remedies for enforcement of the entire amount of the lien,
but limits only that portion of the lien for which the department will prevent
issuance of a license plate or revalidation sticker.
(d) Upon discharge of the amount of the wrecker operator's lien allowed
by paragraph(b), the wrecker operator must issue a certificate of discharged
wrecker operator's lien on forms provided by the department to each
15
CODING: Words stricken are deletions; words underlined are additions.
Page 604 of 1862
Ch. 2024-27 LAWS OF FLORIDA Ch. 2024-27
registered owner of the vehicle or vessel attesting that the amount of the
wrecker operator's lien allowed by paragraph (b)has been discharged. Upon
presentation of the certificate of discharged wrecker operator's lien by the
registered owner, the department must shall immediately remove the
registered owner's name from the list of those persons who may not be
issued a license plate or revalidation sticker for any motor vehicle under s.
320.03(8), thereby allowing issuance of a license plate or revalidation
sticker. Issuance of a certificate of discharged wrecker operator's lien under
this paragraph does not discharge the entire amount of the wrecker
operator's lien claimed under paragraph (2)(b) subsection (2), but only
certifies to the department that the amount of the wrecker operator's lien
allowed by paragraph (b), for which the department will prevent issuance of
a license plate or revalidation sticker, has been discharged.
(17)(a) A towing-storage operator must accept an original or a copy of any
of the following documents as evidence of a person's interest in a vehicle or
vessel:
1. An electronic title.
2. A paper title.
3. A contract between a lender and the owner of the vehicle or vessel.
4. A contract between a lessor and the lessee of the vehicle or vessel.
5. Credentials establishing the person as an employee or contract agent
of an insurance company along with documentation identifying the vehicle
by the vehicle identification number or vessel by the hull identification
number.
6. A written agreement evidencing that the person is an agent of the
• vehicle or vessel owner or lienholder.
(b) A towing-storage operator may not require any of the documents
listed in paragraph (a) to be notarized, except for the agreement in
subparagraph (a)6. if such agreement is presented for the purpose of
releasing the vehicle or vessel.
(c) Presenting one form of current government-issued photo identifica-
tion constitutes sufficient identity verification for the purposes of this
section
(18) A towing-storage operator must retain for 3 years records produced
for all vehicles or vessels recovered, towed, stored, or released. Such records
must include at least all of the following:
(a) All notice publications and certified mailings.
(b) The purchase price of any unclaimed vehicle or vessel sold.
16
CODING: Words ctrickcn are deletions; words underlined are additions.
Page 605 of 1862
Ch. 2024-27 LAWS OF FLORIDA Ch. 2024-27
(c) The names and addresses of persons to which vehicles or vessels were
released.
(d) The names and addresses of vehicle or vessel purchasers.
(e) All fees imposed under this section, including the itemized invoice
required under paragraph (20)(c).
(19)(a) A towing-storage operator must accept payment for accrued
charges from an authorized person listed in subsection(10)in any form from
at least two of the following subparagraphs:
1. Cash, cashier's check, money order, or traveler's check.
2. Bank, debit, or credit card.
3. Mobile payment service, digital wallet, or other electronic payment
system.
(b) Any of the authorized persons listed in subsection (10) are not
required to furnish more than one form of current government-issued photo
identification when payment is made in any of the forms listed in paragraph
(c) A county or municipal charter, ordinance, resolution, regulation, or
rule that conflicts with paragraph (a) is expressly preempted.
(20)(a) A towing-storage operator must maintain a rate sheet listing all
fees for, or incidental to, the recovery, removal, or storage of a vehicle or
vessel and must do all of the following:
1. Post the rate sheet at the towing-storage operator's place of business.
2.. Make the rate sheet available upon request by the vehicle or vessel
owner, lienholder, insurance company, or their agent.
3. Before attaching a vehicle or vessel to a wrecker, furnish the rate
sheet to the owner or operator of the vehicle or vessel, if the owner or
operator is present at the scene of the disabled vehicle or vessel.
(b) Any fee charged in excess of those listed on,the rate sheet required
under this subsection is deemed unreasonable.
(c) An itemized invoice of actual fees charged by a towing-storage
operator for a completed tow must be produced and be available to the
vehicle or vessel owner, lienholder, insurance company, or their agent no
later than 1 business day after:
1. The tow is completed; or
2. The towing-storage operator has obtained all necessary information to
be included on the invoice, including any charges submitted by
17
CODING: Words stricken are deletions; words underlined are additions.
Page 606 of 1862
Ch. 2024-27 LAWS OF FLORIDA Ch. 2024-27
subcontractors used by the towing-storage operator to complete the tow and
recovery.
(d) The itemized invoice required under paragraph(c)must contain all of
the following information:
1. The date and time the vehicle or vessel was towed.
2. The location to which the vehicle or vessel was towed.
3. The name, address, and telephone number of the towing-storage
operator.
4. A description of the towed vehicle or vessel, including the color, make,
model, model year, and vehicle identification number of the vehicle or hull
identification number of the vessel.
5. The license plate number and state of registration for the towed
vehicle or vessel.
6. The cost of the initial towing service.
7. The cost of any storage fees, expressed as a daily rate.
8. Other fees,including administrative fees,vehicle or vessel search fees,
fees for hazardous material and nonhazardous material cleanup,and fees for
labor.
9. A list of the services that were performed under a warranty or that
were otherwise performed at no cost to the owner of the vehicle or vessel.
(e) Any service performed or fee charged in addition to those described in
subparagraph (d)6. or subparagraph (d)7. must be set forth on the itemized
invoice required under paragraph (c) individually as a single line item that
includes an explanation of the service or fee and the exact amount charged
for the service or the exact amount of the fee.
(f) A towing-storage operator must make the itemized invoice required
under paragraph (c) available for inspection and copying no later than 48
hours after receiving a written request to inspect such invoice from:
1. A law enforcement agency;
2. The Attorney General;'or
3. The vehicle or vessel owner, lienholder, insurance company, or their
agent.
Section 6. Paragraph (a) of subsection (2) of section 715.07, Florida
Statutes, is amended to read:
715.07 Vehicles or vessels parked on private property; towing.-
18
CODING: Words stricken are deletions; words underlined are additions.
Page 607 of 1862
Ch. 2024-27 LAWS OF FLORIDA Ch. 2024-27
(2) The owner or lessee of real property, or any person authorized by the
owner or lessee, which person may be the designated representative of the
condominium association if the real property is a condominium, may cause
any vehicle or vessel parked on such property without her or his permission
to be removed by a person regularly engaged in the business of towing
vehicles or vessels, without liability for the costs of removal, transportation,
or storage or damages caused by such removal, transportation, or storage,
under any of the following circumstances:
(a) The towing or removal of any vehicle or vessel from private property
without the consent of the registered owner or other legally authorized
person in control of that vehicle or vessel is subject to substantial compliance
with the following conditions and restrictions:
l.a. 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 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. to 6:00
p.m., and, when closed, shall have prominently posted a sign indicating a
telephone number where the operator of the site can be reached at all times.
Upon receipt of a telephoned request to open the site to redeem a vehicle or
vessel, the operator shall return to the site within 1 hour or she or he will be
in violation of this section.
b. If no towing business providing such service is located within the area
of towing limitations set forth in sub-subparagraph a., the following
limitations apply: any towed or removed vehicle or vessel must be stored
at a site within a 20-mile radius of the point of removal in any county of
500,000 population or more, and within a 30-mile radius of the point of
removal in any county of fewer than 500,000 population.
2. The person or firm towing or removing the vehicle or vessel shall,
within 30 minutes after completion of such towing or removal, notify the
municipal police department or, in an unincorporated area, the sheriff, of
such towing or removal, the storage site, the time the vehicle or vessel was
towed or removed, and the make, model, color, and license plate number of
the vehicle or description and registration number of the vessel and shall
obtain the name of the person at that department to whom such information
was reported and note that name on the trip record.
3. A person in the process of towing or removing a vehicle or vessel from
the premises or parking lot in which the vehicle or vessel is not lawfully
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. The vehicle or vessel may be
towed or removed if,- after a reasonable opportunity, the owner or legally
authorized person in control of the vehicle or vessel is unable to pay the
19
CODING: Words strieken are deletions; words underlined are additions.
Page 608 of 1862
Ch. 2024-27 LAWS OF FLORIDA Ch. 2024-27
service fee. If the vehicle or vessel is redeemed, a detailed signed receipt
must be given to the person redeeming the vehicle or vessel.
4. A person may not pay or accept money or other valuable consideration
for the privilege of towing or removing vehicles or vessels from a particular
location.
5. Except for property appurtenant to and obviously a part of a single-
family residence, and except for instances when notice is personally given to
the owner or other legally authorized person in control of the vehicle or
vessel that the area in which that vehicle or vessel is parked is reserved or
otherwise unavailable for unauthorized vehicles or vessels and that the
vehicle or vessel is subject to being removed at the owner's or operator's
expense, any property owner or lessee, or person authorized by the property
owner or lessee,before towing or removing any vehicle or vessel from private
property without the consent of the owner or other legally authorized person
in control of that vehicle or vessel, must post a notice meeting the following
requirements:
a. The notice must be prominently placed at each driveway access or curb
cut allowing vehicular access to the property within 10 feet from the road, as
defined in s. 334.03(22). If there are no curbs or access barriers, the signs
must be posted not fewer than one 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. The words"tow-away zone"must
be included on the sign in not fewer than 4-inch high letters.
c. The notice must also provide the name and current telephone number
of the person or firm towing or removing the vehicles or vessels.
d. The sign structure containing the required notices must be perma-
nently installed with the words "tow-away zone" not fewer than 3 feet and
not more than 6 feet above ground level and must be continuously
maintained on the property for not fewer than 24 hours before the towing
or removal of any vehicles or vessels.
e. The local government may require permitting and inspection of these
signs before any towing or removal of vehicles or vessels being authorized.
f. A business with 20 or fewer parking spaces satisfies the notice
requirements of this subparagraph by prominently displaying a sign stating
"Reserved Parking for Customers Only Unauthorized Vehicles or Vessels
Will be Towed Away At the Owner's Expense"in not fewer than 4-inch high,
light-reflective letters on a contrasting background.
g. 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's expense.
20
CODING: Words stricken are deletions; words underlined are additions.
Page 609 of 1862
Ch. 2024-27 LAWS OF FLORIDA Ch. 2024-27
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; and if a vehicle or vessel
parked on a public right-of-way obstructs access to a private driveway the
owner, lessee, or agent may have the vehicle or vessel removed by a towing
company upon signing an order that the vehicle or vessel be removed
without a posted tow-away zone sign.
6. Any person or firm that tows or removes vehicles or vessels and
proposes to require an owner, operator, or person in control or custody of a
vehicle or vessel to pay the costs of towing and storage before redemption of
the vehicle or vessel must file and keep on record with the local law
enforcement agency a complete copy of the current rates to be charged for
such services and post at the storage site an identical rate schedule and any
written contracts with property owners, lessees, or persons in control of
property which authorize such person or firm to remove vehicles or vessels
as provided in this section.
7. Any person or firm towing or removing any vehicles or vessels from
private property without the consent of the owner or other legally authorized
person in control or custody of the vehicles or vessels shall, on any trucks,
wreckers as defined in s. 713.78(1) 3. 713.78(1)(c), or other vehicles used in
the towing or removal,have the name, address, and telephone number of the
company performing such service clearly printed in contrasting colors on the
driver and passenger sides of the vehicle.The name shall be in at 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 vessel shall be
allowed with reasonable care on the part of the person or firm towing the
vehicle or vessel. Such person or firm shall be liable for any damage
occasioned to the vehicle or vessel if such entry is not in accordance with the
standard of reasonable care.
• 9. When a vehicle or vessel has been towed or removed pursuant to this
section,it must be released to its owner or person in control or custody within
1 hour after requested. Any vehicle or vessel owner or person in control or
custody has the right to inspect the vehicle or vessel before accepting its
return, and no release or waiver of any kind which would release the person
or firm towing the vehicle or vessel from liability for damages noted by the
owner or person in control or custody at the time of the redemption may be
required from any vehicle or vessel owner or person in control or custody as a
condition of release of the vehicle or vessel to its owner or person in control or
custody.A detailed receipt showing the legal name of the company or person
towing or removing the vehicle or vessel must be given to the person paying
towing or storage charges at the time of payment,whether requested or not.
Section 7. This act shall take effect July 1, 2024.
Approved by the Governor March 22, 2024.
21
CODING: Words strieken are deletions; words underlined are additions.
Page 610 of 1862
Ch. 2024-27 LAWS OF FLORIDA Ch. 2024-27
Filed in Office Secretary of State March 22, 2024.
22
CODING: Words stricken are deletions; words underlined are additions.
Page 611 of 1862
Attachment C
CHASE INSURANCE AGENCY, INC.
64(4dt4ed r947
February 26, 2024
Beach Towing Services, Inc.
1349 Dade Blvd.
Miami Beach, FL 33139
RE: Commercial Package Policies
Attn Michael Festa;
As requested, below is a breakdown of your premiums over the last 5 years :
• 2020-2021 : $288,546
• 2021-2022 : $13 8,106
• 2022-2023 : $180,356
• 2023-2024 : $168,397
• 2024-2025 : $410,677
Your premiums are higher due to territory and location which limits the markets
available. This is the cause of the significant increase.
Best Regards,
9.94„t
Jennifer Benedetto
333 N. W. 70th Avenue, Suite 108 P.O. Box 17497 Plantation,Florida 33318-7497
Toll Free 800-940-4301 Broward(954)792-4300 Fax(954)791-9344
Page 612 of 1862