Florida law targets predatory towing practices

A new Florida law addresses concern about predatory towing practices.

The National Insurance Crime Bureau has reported the state is notorious for the practice.

Florida has had no statewide maximum rates for towing or storage. State law has required maximum rates to be set by each county. Cities are permitted to set maximum rates, in which case county rates do not apply. Maximum rates set by the Florida Highway Patrol apply when troopers call for a tow, unless the county or city has established rates.

Towing operators are permitted to claim a lien on motor vehicles for specified fees. Statute provides a process for foreclosing on such lien if fees remain unpaid.

State lawmakers unanimously approved legislation to make multiple revisions to towing statute. Gov. Ron DeSantis acted to sign the bill into law.

Previously HB179, the new law requires counties to establish maximum rates that towers may charge for cleanup and disposal of hazardous and nonhazardous materials incidental to a nonconsensual tow. Cities also are permitted to enact such rates.

In areas without established maximum rates, rates set by the Florida Highway Patrol will be recognized.

Starting July 1, rates are required to be posted online. Counties, cities and the Florida Highway Patrol are mandated to establish a process for investigating and resolving complaints regarding fees charged in excess of such rates.

Towing and storage operators also will be mandated to maintain a rate sheet listing all fees related to vehicle recovery, removal or storage. The rate sheet must be posted at the place of business and provided upon request.

A rate sheet also must be made available at the scene of a tow to the owner or operator, if present.

Additionally, a towing operator must allow inspection and release of the vehicle within one hour after the owner, lienholder, insurance company representative or agent provides specified documents during normal business hours at the site where the vehicle is stored.

“Predatory towing in Florida has emerged as a pressing issue for the Sunshine State, significantly impacting individuals’ lives and livelihoods, and this measure will go a long way in implementing critical reform measures,” National Insurance Crime Bureau’s Eric de Campos said in prepared remarks.

Truckers welcome new law

Florida Trucking Association President Alix Miller said the new rules are “a huge victory” for trucking in the state. She added that HB179 will “weed out the predatory towing tactics of bad actors and make the entire industry better and safer.”

Rep. Melony Bell, R-Fort Meade, and Sen. Keith Perry, R-Ocala, were the bill sponsors. LL

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