Florida state lawmakers have passed legislative reform designed to reduce predatory billing against professional truck drivers who use towing services in the Sunshine State. The bill now moves to land on the desk of Florida Governor Ron DeSantis, who is expected to sign it into law once received.
“A huge victory for trucking” – FTA President and CEO
House Bill 179 passed with flying colors through Florida’s House and Senate, unanimously approved by both chambers. In an email to Commerce Express Inc., Florida Trucking Association (FTA) President and CEO Alix Miller wrote the bill’s passage 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 FTA has held the reforms as a top priority over the last several years. If signed, the new law will modify provisions relating to:
- Towing and storing of trucks, including requiring counties to establish maximum rates for certain cleanup and disposal.
- Excluding or failing to designate certain wrecker operators.
- Authorizing fees.
- Requirements regarding removal of vehicles.
- Requirements for liens, notices of lien, sale, notices of sale and types of payment.
- Requiring towing operators to accept and maintain certain documents, rate sheets and invoices.
- Criminal penalties for noncompliance.
“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,” Miller added.
These heightened provisions will require more transparency from towers over their services and billings. That said, the reforms make it easier to expose predatory practices taking place throughout the state. In Miller’s words: “[The new law] will weed out the predatory towing tactics of bad actors and make the entire industry better and safer.”
Excessive rates, service charges are the most common predatory tactics
Predatory towing is broadly defined as the actions of tow truck operators who prey on trucks, or any vehicles for that matter, without any reasonable discretion to do so.
Courtesy of PRNewswire, the American Transportation Research Institute’s November 2023 report concluded that the most common forms of predatory towing were excessive rates and unwarranted extra service charges. The research organization also reported other issues, like truck release delays, truck seizure (without cause), and tows misreported as consensual. ATRI based these findings on survey responses it received from trucking companies and drivers.
The following are tips for drivers to avoid predatory towing:
- Drivers should familiarize themselves with state and local parking and towing laws.
- If the truck is disabled, but not impeding traffic, drivers should call their fleets to request a tow.
- Drivers should gather information from the tow company during a tow, as well as take pictures of the truck’s license plate for law enforcement to identify in case needed.
Final Thoughts
If signed by Governor DeSantis, House Bill 179 will take effect as Florida law on July 1, 2024.
As is the case with other lines of work, a few bad actors can sully the reputation of an otherwise overlooked towing industry. Most towing companies pride themselves in assisting stranded motorists in times of accidents or breakdowns. Without their services, the country’s roadways would be a lot more dangerous.
Contact one of our team members if you have any questions regarding this topic or any others in domestic logistics.
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