Florida legislature passes sweeping predatory towing reform legislation

With unanimous votes in the House and Senate, the Florida Legislature successfully passed significant predatory towing and recovery reform legislation that is now headed to the desk of Governor Ron DeSantis.

House Bill 179, led by State Representative Melony Bell and State Senator Keith Perry, was a multi-year effort to enact meaningful reforms to the towing and recovery business in Florida.

A top priority of Florida Trucking Association (FTA), President and CEO Alix Miller commented, “this is a huge victory for trucking in Florida; the trucking industry nationally, who have seen invoices as high as $200,000, and the motoring public, who fall victim to predatory towing companies.”

“The final bill includes some significant new requirements for the establishment and publication of rates, requirements for detailed and itemized invoices, a requirement for towers to accept multiple payment options, and a new dispute resolution process for consumers and carriers to challenge excessive fees. FTA fought for these and other priority provisions,” added Miller.

According to the recent American Transportation Research Institute (ATRI) study, predatory billing was identified as the most common, with over 80% of respondents experiencing excessive rates and extra charges for towing and recovery services.

HB 179 will require towing and storage operators to maintain a rate sheet listing all fees related to vehicle or vessel recovery, removal, or storage. They must post this rate sheet at their place of business and provide it upon request to vehicle or vessel owners, lienholders, insurance companies, or their agents. Before attaching a vehicle or vessel to a wrecker, the operator must furnish the rate sheet to the owner or operator if present. Any fee charged beyond those listed on the rate sheet is considered unreasonable

A number of motor carriers have issues recovering personal property and undamaged trailers that have been towed and stored. In these instances, the inspection and release of the vehicle, vessel, trailer or personal property must be permitted within one hour and during normal business hours at the site where the vehicle, trailer or vessel is stored. The operator must accept government-issued photo identification and cannot require additional forms of identification to access and/or release the vehicle.

“The towing and recovery industry is vital to the Florida trucking industry, and we’re grateful to have many as members of FTA and for their input in the legislation,” said Miller. “HB 179 will weed out the predatory towing tactics of bad actors and make the entire industry better and safer. We applaud Representative Bell, Senator Perry, Florida House Transportation and Modals Subcommittee Chair Fiona McFarland, and the entire Florida Legislature for their steadfast efforts in addressing this issue.”

If approved by the Governor, HB 179 will become effective on July 1, 2024.