Senate Bill sb0612c1

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    Florida Senate - 2007                            CS for SB 612

    By the Committee on Commerce; and Senator Crist





    577-2119-07

  1                      A bill to be entitled

  2         An act relating to wrecker services; creating

  3         chapter 508, F.S.; providing for regulatory

  4         oversight of wrecker services by the Department

  5         of Agriculture and Consumer Services; creating

  6         s. 508.101, F.S.; providing definitions;

  7         creating s. 508.102, F.S.; creating the Wrecker

  8         Operator Advisory Council within the Department

  9         of Agriculture and Consumer Services; providing

10         for membership, terms, and organization;

11         providing for meeting procedures and

12         recordkeeping; providing for reimbursement for

13         travel and per diem expenses; directing the

14         department to provide support services for the

15         council; directing the council to review rules

16         adopted by the department and to advise the

17         department on matters relating to standards and

18         practices in the wrecker industry; creating s.

19         508.103, F.S.; authorizing the department to

20         adopt rules; creating s. 508.105, F.S.;

21         requiring wrecker companies to register

22         annually with the department; providing for the

23         registration application; providing for

24         processing of fingerprints by the Department of

25         Law Enforcement; requiring fees for processing;

26         providing for issuance of registration

27         certificate; requiring display of the

28         certificate; providing requirements for

29         advertisements; requiring notification of

30         changes in registration information; requiring

31         that certain fees be paid; requiring certain

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    Florida Senate - 2007                            CS for SB 612
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 1         companies to obtain a local business tax

 2         receipt prior to registration renewal;

 3         requiring insurance coverage; requiring the

 4         department to notify the Department of Highway

 5         Safety and Motor Vehicles when a registration

 6         has been suspended or revoked; creating s.

 7         508.106, F.S.; authorizing the Department of

 8         Agriculture and Consumer Services to deny,

 9         revoke, or refuse to renew the registration of

10         a wrecker company under certain circumstances;

11         creating s. 508.1061, F.S.; requiring a wrecker

12         company to accept certain forms of payment;

13         creating s. 508.107, F.S.; requiring the

14         department to establish a certification program

15         for wrecker operators; providing for the

16         department to approve certification courses and

17         the organizations conducting the courses;

18         providing for the department to prescribe

19         course curricula; providing requirements for

20         courses; requiring that each course include an

21         examination approved by the department;

22         providing criteria for the examination;

23         requiring the organization conducting the

24         course to issue the certificate to the wrecker

25         operator; creating s. 508.108, F.S.; requiring

26         each certification course to offer optional

27         specialized wrecker services instruction,

28         training, and examinations; describing

29         specialized wrecker services; directing the

30         department to adopt rules prescribing specific

31         standards to further define each specialized

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    Florida Senate - 2007                            CS for SB 612
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 1         wrecker service; requiring council approval of

 2         the instruction, training, and examination;

 3         requiring the organization conducting the

 4         course to issue the certificate to the wrecker

 5         operator; creating s. 508.109, F.S.; providing

 6         for form and content of certification cards;

 7         authorizing the department to adopt rules for

 8         issuance of certification cards to an operator

 9         who completes a certification course and passes

10         a certification examination in another state or

11         completed a certification course and passed a

12         certification examination in this state during

13         a certain time period; authorizing the

14         department to adopt rules for issuance of

15         endorsements for specialized services to a

16         wrecker operator who completed instruction and

17         training for a specialized wrecker service and

18         passed an endorsement examination for that

19         specialized wrecker service during a certain

20         time period; providing for approval by the

21         council of out-of-state certification

22         instructions, training, and examinations;

23         providing for expiration of certification;

24         requiring that certification cards be issued by

25         the organizations conducting the courses;

26         creating s. 508.111, F.S.; providing

27         requirements for recertification; providing for

28         a continuing education program to be

29         established by the department; providing for

30         curricula and examinations to be prescribed by

31         the council; requiring course approval by the

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    Florida Senate - 2007                            CS for SB 612
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 1         council; providing for a certificate to be

 2         issued by the training organization to the

 3         wrecker operator; creating s. 508.112, F.S.;

 4         prohibiting certain acts; creating ss. 508.113

 5         and 508.114, F.S.; providing administrative and

 6         civil penalties; creating s. 508.116, F.S.;

 7         providing for registration and renewal fees;

 8         creating s. 508.117, F.S.; providing for

 9         deposit and use of fees, penalties, and other

10         funds; creating s. 508.118, F.S.; authorizing

11         counties and municipalities to enact ordinances

12         governing wrecker operators; providing for the

13         department to enter into a cooperative

14         agreement with a county or municipality for the

15         referral, investigation, and prosecution of

16         consumer complaints or enforcement of specified

17         wrecker services provisions; creating s.

18         508.119, F.S.; requiring that a wrecker company

19         maintain records of its services and operators;

20         requiring organizations that conduct operator

21         certification or continuing education courses

22         to maintain records on each person who

23         successfully completes one of the courses;

24         authorizing inspection of records by the

25         department; creating s. 508.104, F.S.;

26         prohibiting persons from owning, operating, or

27         being issued a local business tax receipt on

28         behalf of a wrecker company without first

29         registering with the department; requiring

30         registration prior to issuance or renewal of

31         local business tax receipt; excluding certain

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 1         motor vehicle repair shops; creating s.

 2         508.115, F.S.; providing criminal penalties;

 3         creating s. 508.110, F.S.; prohibiting the

 4         performance of wrecker services after a certain

 5         date unless the operator is in the employ of a

 6         company that is registered; requiring wrecker

 7         operators to be certified; providing exceptions

 8         for certain shops and organizations;

 9         authorizing the department to inspect company

10         records; creating s. 508.115, F.S.; providing

11         criminal penalties; amending s. 120.80, F.S.;

12         providing for appointment of a hearing officer

13         by the director of the Division of the Florida

14         Highway Patrol when a hearing is held to deny,

15         suspend, or remove a wrecker company from

16         participating in the wrecker-allocation system;

17         creating s. 205.1977, F.S.; prohibiting a

18         county or municipality from issuing or renewing

19         a business tax receipt for a wrecker company

20         that is not registered with the Department of

21         Agriculture and Consumer Services; amending s.

22         316.530, F.S., relating to towing requirements;

23         conforming terminology; amending s. 320.01,

24         F.S.; redefining the term "wrecker" for

25         purposes of the Florida Statutes; amending s.

26         320.03, F.S., relating to withholding the motor

27         vehicle registration plate or revalidation

28         sticker; providing for application of

29         provisions to wrecker companies rather than

30         wrecker operators; amending s. 320.0706, F.S.;

31         requiring a wrecker to display the registration

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 1         license plate only on its front; amending s.

 2         320.0821, F.S.; revising requirements for the

 3         issuance of wrecker license plates; requiring

 4         that the license plate be displayed on the

 5         front of the wrecker; amending s. 320.13, F.S.,

 6         relating to dealer license plates; conforming

 7         terminology; reenacting ss. 316.550(4)(a) and

 8         (9) and 320.08(5)(d) and (e), F.S., relating to

 9         special wrecker permits and license taxes, to

10         incorporate the amendment to s. 320.01, F.S.,

11         in references thereto; amending s. 321.051,

12         F.S.; revising provisions for the Florida

13         Highway Patrol wrecker operator system;

14         changing the designation to "wrecker-allocation

15         system"; providing definitions; revising

16         provisions that authorize the Division of the

17         Florida Highway Patrol within the Department of

18         Highway Safety and Motor Vehicles to establish

19         the system; revising requirements for the

20         system; limiting the system to using certain

21         registered wrecker companies; revising wrecker

22         eligibility requirements; revising provisions

23         for procedures for appeal of final orders by

24         the department denying, suspending, or revoking

25         eligibility to participate; prohibiting an

26         unauthorized wrecker company and wrecker

27         operators dispatched by an unauthorized company

28         from engaging in certain activities; requiring

29         those operators to disclose certain information

30         to the owner or operator of a wrecked or

31         disabled vehicle prior to towing; providing

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    Florida Senate - 2007                            CS for SB 612
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 1         penalties; providing for a law enforcement

 2         officer to dispatch an authorized wrecker

 3         company other than a company requested by the

 4         vehicle owner or operator or to dispatch a

 5         company out of rotation; amending s. 323.001,

 6         F.S.; revising procedures for placement of a

 7         hold on a vehicle at a storage facility;

 8         providing for placement of a hold by a law

 9         enforcement agency; providing definitions;

10         revising provisions for payment of towing and

11         storage charges; revising rate limitation

12         provisions; amending s. 323.002, F.S.; revising

13         provisions for county and municipal wrecker

14         operator systems; changing the designation to

15         "wrecker-allocation systems"; providing

16         definitions; limiting the systems to using

17         certain registered wrecker companies;

18         prohibiting an unauthorized wrecker company and

19         wrecker operators dispatched by an unauthorized

20         company from engaging in certain activities;

21         requiring those operators to disclose certain

22         information to the owner or operator of a

23         wrecked or disabled vehicle prior to towing;

24         providing penalties; providing for a law

25         enforcement officer to dispatch an authorized

26         wrecker company other than a company requested

27         by the vehicle owner or operator or to dispatch

28         a company out of rotation; amending s. 713.78,

29         F.S.; providing for claim of lien by a wrecker

30         company for recovering, removing, or storing a

31         vehicle or vessel; conforming provisions to

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    Florida Senate - 2007                            CS for SB 612
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 1         changes made by the act; providing definitions;

 2         requiring notification to the vehicle or vessel

 3         owners, insurers, and lienholders; providing

 4         for a law enforcement agency to obtain

 5         information from the Department of Highway

 6         Safety and Motor Vehicles and provide the

 7         information to the wrecker company; providing

 8         notice procedures; providing for content of the

 9         notice; providing for notice to the agency of

10         jurisdiction if the vehicle or vessel owner or

11         lienholder cannot be identified; revising

12         procedures for complaint by the vehicle or

13         vessel owner; providing for release of the

14         vehicle or vessel; requiring damages,

15         attorney's fees, and costs to be awarded by the

16         court; requiring immediate payment of recovery,

17         towing, and storage fees to be ordered by the

18         court; providing for notice and sale of the

19         vehicle or vessel by the wrecker company;

20         providing for distribution of proceeds;

21         providing for discharge of liens and issuance

22         of certificate of title; providing immunity

23         from liability for a wrecker company, its

24         operators, and other employees or agents under

25         certain conditions; providing for a presumption

26         of the use of reasonable care; requiring

27         wrecker company information to be printed on

28         the wrecker; specifying that failure to make

29         good-faith best efforts to comply with notice

30         requirements precludes imposition of storage

31         charges; requiring a wrecker company to provide

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 1         access to the vehicle or vessel; requiring

 2         release of the vehicle, vessel, or personal

 3         property to the owner or agent of the owner;

 4         requiring the wrecker company to obtain a

 5         certificate of destruction in lieu of a

 6         certificate of title when the vehicle or vessel

 7         is to be dismantled, destroyed, or changed in

 8         such a manner that it is not the motor vehicle

 9         or vessel described in the certificate of

10         title; providing for issuance of the

11         certificate of destruction by the county tax

12         collector; providing requirements for

13         application for the certificate of destruction;

14         providing for reassignment of the certificate

15         of destruction; authorizing the Department of

16         Highway Safety and Motor Vehicles to adopt

17         rules; providing penalties for specified

18         violations; authorizing the Department of

19         Highway Safety and Motor Vehicles to inspect

20         wrecker company records; directing the

21         Department of Highway Safety and Motor

22         Vehicles, upon notice of lien from a wrecker

23         company, to place the name of the owner of the

24         vehicle or vessel on the list of those persons

25         who may not be issued a license plate or

26         revalidation sticker for a motor vehicle;

27         providing for forms for the notice of lien;

28         providing for dispute by the owner; providing

29         for the owner's name to be removed from the

30         list of those persons who may not be issued a

31         license plate or revalidation sticker for a

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    Florida Senate - 2007                            CS for SB 612
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 1         motor vehicle; providing for lien expiration;

 2         requiring a certificate of discharge to be

 3         issued by the wrecker company; providing for

 4         certain fees and charges; providing for

 5         application and exceptions; clarifying that the

 6         amendments made by the act do not affect the

 7         validity of prior liens; amending s. 715.07,

 8         F.S., revising provisions for the towing and

 9         storage of vehicles and vessels parked on real

10         property without permission; providing

11         definitions; providing requirements for storage

12         facility operation; providing requirements for

13         a wrecker company, its operators, and other

14         employees or agents; prohibiting a wrecker

15         company, a wrecker operator, or another

16         employee or agent of a wrecker company from

17         paying or accepting payment for the privilege

18         of removing vehicles or vessels from a

19         particular location; revising requirements for

20         tow-away signs to be posted by property owners;

21         requiring a wrecker company to maintain rate

22         schedules with the local law enforcement agency

23         and to post rates and contracts at its storage

24         facility; revising requirements for certain

25         signage on a wrecker; providing immunity from

26         liability for a wrecker company, its operators,

27         and other employees or agents if entry into the

28         vehicle or vessel is performed with reasonable

29         care; revising provisions for release of the

30         vehicle or vessel; providing that failure to

31         comply with notice requirements precludes a

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 1         wrecker company from imposing certain towing or

 2         storage charges; providing penalties; repealing

 3         s. 1.01(15), F.S., relating to the definition

 4         of the term "wrecker operator"; providing an

 5         appropriation and authorizing additional

 6         positions; providing effective dates.

 7  

 8  Be It Enacted by the Legislature of the State of Florida:

 9  

10         Section 1.  Chapter 508, Florida Statutes, consisting

11  of sections 508.101, 508.102, 508.103, 508.105, 508.106,

12  508.1061, 508.107, 508.108, 508.109, 508.111, 508.112,

13  508.113, 508.114, 508.116, 508.117, 508.118, 508.119, and

14  508.120, is created to read:

15                           CHAPTER 508

16                         WRECKER SERVICES

17         508.101  Definitions.--As used in this chapter, the

18  term:

19         (1)  "Business entity" means any form of corporation,

20  limited liability company, partnership, association,

21  cooperative, joint venture, business trust, sole

22  proprietorship, or self-employed person conducting business in

23  this state.

24         (2)  "Council" means the Wrecker Operator Advisory

25  Council.

26         (3)  "Department" means the Department of Agriculture

27  and Consumer Services.

28         (4)  "Specialized wrecker service" means a wrecker

29  service described in s. 508.108. A wrecker operator is

30  required to obtain the applicable certification endorsement

31  before performing a specialized wrecker service.

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 1         (5)  "Ultimate equitable owner" means a natural person

 2  who, directly or indirectly, owns or controls 10 percent or

 3  more of an ownership interest in a wrecker company, regardless

 4  of whether the natural person owns or controls the ownership

 5  interest through one or more natural persons or one or more

 6  proxies, powers of attorney, nominees, business entities, or

 7  any combination thereof.

 8         (6)  "Vehicle" means any vehicle of a type that may be

 9  registered under chapter 320 for operation on the roads of

10  this state, regardless of whether the vehicle is actually

11  registered. The term does not include a mobile home or

12  manufactured home as defined in s. 320.01.

13         (7)  "Vessel" means any type of watercraft, barge, or

14  airboat, however described, used or capable of being used as a

15  means of transportation on water, other than a seaplane or a

16  documented vessel as defined in s. 327.02.

17         (8)  "Wrecker" has the same meaning ascribed in s.

18  320.01.

19         (9)  "Wrecker company" means a business entity engaged

20  for hire in the business of towing, carrying, or transporting

21  vehicles or vessels by wrecker upon the streets and highways

22  of this state. The term does not include a person regularly

23  engaged in the business of transporting mobile homes.

24         (10)  "Wrecker operator" means a person who performs

25  wrecker services.

26         (11)  "Wrecker services" means towing, carrying, or

27  otherwise transporting vehicles or vessels by wrecker upon the

28  streets and highways of this state for hire. The term

29  includes, but is not limited to, each of the following:

30         (a)  Driving a wrecker.

31  

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 1         (b)  Loading, securing, and unloading a vehicle or

 2  vessel on a wrecker using a boom, winch, car carrier, or other

 3  similar equipment.

 4         (c)  Towing or removal of a wrecked, disabled, or

 5  abandoned vehicle under the Florida Highway Patrol

 6  wrecker-allocation system pursuant to s. 321.051 or under a

 7  county or municipal wrecker-allocation system pursuant to s.

 8  323.002.

 9         (d)  Towing, recovery, or removal of a vehicle or

10  vessel under s. 713.78.

11         (e)  Towing, transportation, or removal of a vehicle or

12  vessel parked on real property without permission under s.

13  715.07.

14         (f)  Recovery of a vehicle or vessel.

15         508.102  Wrecker Operator Advisory Council.--

16         (1)  The Wrecker Operator Advisory Council is created

17  within the department. The council shall advise and assist the

18  department in administering this chapter.

19         (2)(a)  The council shall be composed of seven members

20  appointed by the Commissioner of Agriculture.

21         (b)  Four members, two of whom operate three trucks or

22  fewer, of the council must each be an ultimate equitable owner

23  of a wrecker company who has been an ultimate equitable owner

24  of that company for at least 5 years before his or her

25  appointment; one member must be a wrecker operator who is not

26  an ultimate equitable owner of a wrecker company and who has

27  been a wrecker operator for at least 5 years before his or her

28  appointment; and two members must be laypersons. Each member

29  must be a resident of this state. This paragraph expires July

30  1, 2013.

31  

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 1         (c)  Effective July 1, 2013, four members, two of whom

 2  operate three trucks or fewer, of the council must each be an

 3  ultimate equitable owner of a wrecker company registered under

 4  this chapter who has been an ultimate equitable owner of that

 5  company registered for at least 5 years before his or her

 6  appointment; one member must be a wrecker operator certified

 7  under this chapter who is not an ultimate equitable owner of a

 8  wrecker company and who has been a certified wrecker operator

 9  for at least 5 years before his or her appointment; and two

10  members must be laypersons. Each member must be a resident of

11  this state.

12         (3)  The term of each member of the council is 4 years,

13  except, in order to establish staggered terms, two members who

14  are owners of wrecker companies and one layperson shall be

15  appointed initially for a 2-year term. Members may be

16  reappointed for additional terms that may not exceed 8 years

17  of consecutive service. A vacancy shall be filled for the

18  remainder of the unexpired term in the same manner as the

19  original appointment.

20         (4)(a)  From among its members, the council shall

21  annually elect a chair, who shall preside over the meetings of

22  the council, and a vice chair.

23         (b)  In conducting its meetings, the council shall use

24  accepted rules of procedure. The department shall keep a

25  complete record of each meeting showing the names of members

26  present and the actions taken. These records and other

27  documents regarding matters within the jurisdiction of the

28  council must be kept on file with the department.

29         (5)  The members of the council shall serve without

30  compensation, but are entitled to reimbursement of travel and

31  per diem expenses under s. 112.061.

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 1         (6)  The department shall provide administrative and

 2  staff support services relating to the functions of the

 3  council.

 4         (7)  The council shall review the rules adopted by the

 5  department to administer this chapter and shall advise the

 6  department on matters relating to industry standards and

 7  practices and other issues that require technical expertise

 8  and consultation or that promote better consumer protection in

 9  the wrecker industry.

10         508.103  Rulemaking authority.--The department may

11  adopt rules under ss. 120.536(1) and 120.54 to administer this

12  chapter.

13         508.105  Registration requirements; renewal of

14  registrations.--

15         (1)  Each wrecker company engaged or attempting to

16  engage for hire in the business of towing, carrying, or

17  transporting vehicles or vessels by wrecker upon the streets

18  and highways of this state must annually register with the

19  department on forms prescribed by the department. The

20  application for registration must include at least the

21  following information:

22         (a)  The name and federal employer identification

23  number of the wrecker company.

24         (b)  The mailing address, physical address, and

25  telephone number of the wrecker company's primary place of

26  business.

27         (c)  The fictitious name under which the wrecker

28  company transacts business in this state.

29         (d)  The full name, residence address, business

30  address, and telephone number of the applicant. If the

31  applicant is other than a natural person, the application must

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 1  also contain the full name, residence address, business

 2  address, telephone number, and federal employer identification

 3  number, if applicable, of each ultimate equitable owner of the

 4  business entity and each officer, director, partner, manager,

 5  member, or managing member of the entity.

 6         (e)  If the applicant is other than a natural person,

 7  the full name of the business entity's registered agent and

 8  the address of the registered office for service of process.

 9         (f)  The physical address and telephone number of each

10  business location and each storage facility where the wrecker

11  company stores towed vehicles or vessels.

12         (2)  Each initial and renewal application for

13  registration must be accompanied by the registration fee

14  prescribed in s. 508.116.

15         (3)  Each initial application for registration must be

16  accompanied by a complete set of the applicant's fingerprints

17  taken by a law enforcement agency. If the applicant is other

18  than a natural person, a complete set of fingerprints must be

19  filed for each ultimate equitable owner of the business entity

20  and each officer, director, partner, manager, member, or

21  managing member of the entity. The department shall submit the

22  fingerprints to the Department of Law Enforcement for state

23  processing, and the Department of Law Enforcement shall

24  forward the fingerprints to the Federal Bureau of

25  Investigation for national processing. The Department of

26  Agriculture and Consumer Services shall collect from each

27  applicant the fingerprint processing fee of $23 for state

28  processing and an additional fee, not to exceed the current

29  cost, for national processing for each application submitted.

30  The department shall screen background results to determine if

31  the applicant meets the requirements for issuance of a

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 1  registration certificate. Registration renewal applications

 2  need not be accompanied by a set of fingerprints for an

 3  individual who previously submitted a set of fingerprints to

 4  the department as part of a prior year's registration

 5  application.

 6         (4)  The department shall review each application in

 7  accordance with s. 120.60 and shall issue a registration

 8  certificate, in the form and size prescribed by the

 9  department, to each wrecker company whose application is

10  approved. The certificate must show at least the name and

11  address of the wrecker company and the registration number.

12  The registration certificate must be prominently displayed in

13  the wrecker company's primary place of business.

14         (5)  Each advertisement of a wrecker company must

15  include the phrase "Fla. Wrecker Co. Reg. No.     ." For the

16  purpose of this subsection, the term "advertisement" means a

17  printed or graphic statement made in a newspaper or other

18  publication or contained in any notice, handbill, or sign,

19  including signage on a vehicle, flyer, catalog, or letter.

20         (6)  A registration is invalid for a wrecker company

21  transacting business at a place other than the location

22  specified in the registration application unless the

23  department is first notified in writing before the change of

24  location. A registration issued under this chapter is not

25  transferable or assignable, and a wrecker company may not

26  conduct business under a name other than the name registered.

27  A wrecker company desiring to change its registered name,

28  location, or registered agent for service of process at a time

29  other than upon renewal of registration must notify the

30  department of the change.

31  

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 1         (7)(a)  Each registration must be renewed annually on

 2  or before the expiration date of the current registration. A

 3  late fee of $25 must be paid, in addition to the registration

 4  fee or any other penalty, for a registration renewal

 5  application that is received by the department after the

 6  expiration date of the current registration. The department

 7  may not issue a registration until all fees are paid.

 8         (b)  A wrecker company whose primary place of business

 9  is located within a county or municipality that requires, by

10  local ordinance, a local business tax receipt under chapter

11  205 may not renew a registration under this chapter unless the

12  wrecker company obtains the business tax receipt from the

13  county or municipality.

14         (8)  Each wrecker company must provide the department

15  with a certificate of insurance for the insurance coverage

16  required under s. 627.7415 before the department may issue the

17  certificate for an initial or renewal registration. The

18  department must be named as a certificateholder on the

19  insurance certificate and must be notified at least 30 days

20  before any change in insurance coverage.

21         (9)  The department shall notify the Department of

22  Highway Safety and Motor Vehicles when a registration issued

23  under this chapter has been suspended or revoked by order of

24  the department. Notification must be sent within 10 days after

25  the department issues the suspension or revocation order.

26         508.106  Denial of registration.--The department may

27  deny, revoke, or refuse to renew the registration of a wrecker

28  company based upon a determination that the applicant or, if

29  the applicant is other than a natural person, the wrecker

30  company or any of its ultimate equitable owners, officers,

31  

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 1  directors, partners, managers, members, or managing members

 2  has:

 3         (1)  Not met the requirements for registration under

 4  this chapter;

 5         (2)  Been convicted or found guilty of, regardless of

 6  adjudication, or pled guilty or nolo contendere to, a felony

 7  within the last 10 years;

 8         (3)  Been convicted or found guilty of, regardless of

 9  adjudication, or pled guilty or nolo contendere to, a crime

10  within the last 10 years involving repossession of a motor

11  vehicle under chapter 493, repair of a motor vehicle under ss.

12  559.901-559.9221, theft of a motor vehicle under s. 812.014,

13  carjacking under s. 812.133, operation of a chop shop under s.

14  812.16, failure to maintain records of motor vehicle parts and

15  accessories under s. 860.14, violations relating to airbags

16  under s. 860.145 or use of fake airbags under s. 860.146,

17  overcharging for repairs and parts under s. 860.15, or a

18  violation of towing or storage requirements for a motor

19  vehicle under this chapter, s. 321.051, chapter 323, s.

20  713.78, or s. 715.07;

21         (4)  Not satisfied a civil fine or penalty arising out

22  of an administrative or enforcement action brought by the

23  department, another governmental agency, or a private person

24  based upon conduct involving a violation of this chapter;

25         (5)  Pending against him or her a criminal,

26  administrative, or enforcement proceeding in any jurisdiction

27  based upon conduct involving a violation of this chapter; or

28         (6)  Had a judgment entered against him or her in an

29  action brought by the department under this chapter.

30  

31  

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 1         508.1061  Acceptable forms of payment.--A wrecker

 2  company shall accept a minimum of two of the three following

 3  forms of payment:

 4         (1)  Cash, cashier's check, money order, or traveler's

 5  check.

 6         (2)  Valid personal check, showing upon its face the

 7  name and address of the vehicle or vessel owner or authorized

 8  representative.

 9         (3)  Valid credit card, including, but not limited to,

10  Visa or MasterCard.

11         508.107  Wrecker operator certification program.--

12         (1)  The department, in consultation with the council,

13  shall establish a wrecker operator certification program by

14  December 31, 2007. Under this program, the department shall

15  approve certification courses for wrecker operators conducted

16  by approved organizations. The department shall prescribe the

17  minimum curricula for these courses, including instruction for

18  operators of light duty, medium duty, and rollback trucks,

19  which must be at least a 16-hour course for light duty, medium

20  duty, and rollback wreckers. Included in the course must be

21  instruction in towing and winching a passenger vehicle and

22  uprighting an overturned passenger vehicle, including the

23  proper use of chains, wire rope, and straps; towing and

24  winching a medium-sized commercial vehicle and uprighting an

25  overturned medium-sized commercial vehicle; and proper

26  loading, securing, transporting, and unloading of a vehicle on

27  a flatbed-rollback wrecker. Such instruction must be equally

28  apportioned between theoretical instruction and practical

29  training. This class shall be 16 hours and should be taken

30  within the first 6 months after employment. The department

31  must approve each organization and its certification course

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 1  before the course is accepted for certification of wrecker

 2  operators under this chapter.

 3         (2)  Each approved wrecker operator certification

 4  course must include a certification examination demonstrating

 5  a wrecker operator's knowledge, skills, and abilities in

 6  performing wrecker services and proficiency in the subject

 7  matter of the certification course. The department must

 8  approve each certification examination before the examination

 9  is accepted for certification of wrecker operators under this

10  chapter.

11         (3)  Each organization conducting an approved wrecker

12  operator certification course must issue on forms prescribed

13  by the department a certificate to each wrecker operator who

14  completes the approved certification course and passes the

15  approved certification examination.

16         508.108  Specialized wrecker services.--

17         (1)  In addition to the minimum curricula for

18  certification of wrecker operators, approved certification

19  courses may offer optional instruction, training, and

20  examination of wrecker operators for each of the following

21  specialized wrecker services:

22         (a)  Heavy and ultra-heavy duty.--Towing and winching a

23  standard large-sized commercial vehicle and uprighting an

24  overturned standard large-sized commercial vehicle; towing and

25  winching a specialty large-sized commercial vehicle or another

26  complex vehicle and uprighting an overturned specialty

27  large-sized commercial vehicle or another complex vehicle.

28  This class shall be 16 hours and should be taken within the

29  first year of employment.

30  

31  

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 1         (b)  Hazardous materials.--Awareness of hazardous

 2  materials. Instruction and training for this wrecker service

 3  must comprise at least 8 hours in order to be approved.

 4         (c)  Air cushions.--Proper use of air cushions in the

 5  recovery of a heavy-duty vehicle.

 6         (2)  The department shall adopt rules prescribing

 7  specific standards to further define each of the specialized

 8  wrecker services described in subsection (1). The department,

 9  in consultation with the council, must approve the

10  instruction, training, and examination for a specialized

11  wrecker service before the specialized wrecker service is

12  accepted for endorsement of a wrecker operator's certification

13  under this chapter.

14         (3)  Each organization conducting an approved wrecker

15  operator certification course must issue on forms prescribed

16  by the department a certificate to each wrecker operator who

17  completes the approved instruction and training for a

18  specialized wrecker service and passes the approved

19  endorsement examination for that specialized wrecker service.

20         508.109  Certification cards.--

21         (1)  Each organization conducting an approved wrecker

22  operator certification course must issue a certification card

23  to each wrecker operator who completes the approved

24  certification course and passes the approved certification

25  examination. The department must approve the form of the

26  certification cards issued by each organization. Each

27  certification card must include the wrecker operator's name, a

28  color photograph or digital image of the wrecker operator, and

29  the expiration date of the certification card.

30         (2)  Each certification card must also include the

31  wrecker operator's applicable endorsements for those

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 1  specialized wrecker services for which the wrecker operator

 2  has completed the approved instruction and training and passed

 3  the approved endorsement examination.

 4         (3)(a)  The department may adopt rules governing the

 5  issuance of a certification card to a wrecker operator who:

 6         1.  Completes a certification course and passes a

 7  certification examination in another state, which course and

 8  examination are substantially equivalent to the approved

 9  certification courses and approved certification examinations

10  in this state.

11         2.  Completed a certification course and passed a

12  certification examination in this state between January 1,

13  2003, and December 31, 2007, which course and examination are

14  substantially equivalent to the approved certification courses

15  and the approved certification examinations. This subparagraph

16  expires July 1, 2008.

17         3.  Completed instruction and training for a

18  specialized wrecker service and passed an endorsement

19  examination for that specialized wrecker service between

20  January 1, 2003, and December 31, 2007, which instruction,

21  training, and examination are substantially equivalent to the

22  approved instruction and training and the approved endorsement

23  examinations. This subparagraph expires July 1, 2008.

24         (b)  For the purposes of this subsection, the

25  department shall approve each certification examination in

26  another state, and shall approve the instruction, training,

27  and examination for each specialized wrecker service in

28  another state, which the department determines are

29  substantially equivalent to the approved certification courses

30  and approved certification examinations in this state or to

31  

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 1  the approved instruction, training, and endorsement

 2  examinations for a specialized wrecker service in this state.

 3         (4)  Each certification card expires 5 years after the

 4  date of issuance.

 5         (5)  Certification cards shall be issued by the

 6  organizations conducting approved wrecker operator

 7  certification courses. The department is not responsible for

 8  issuing certification cards or for the costs associated with

 9  the issuance of certification cards.

10         508.111  Renewal of certification; continuing education

11  requirements.--

12         (1)  The department, in consultation with the council,

13  shall establish a continuing education program for the

14  recertification of wrecker operators by December 31, 2008. In

15  order to renew a wrecker operator's certification card, an

16  operator must complete 4 hours of continuing education every 5

17  years. The department must prescribe the minimum curricula and

18  proper examination for each continuing education course, each

19  of which must be at least 4 hours in length. The department

20  shall approve each organization, and the continuing education

21  course it proposes to offer, before the course is approved for

22  recertifying wrecker operators. Coursework may be completed in

23  a classroom setting or, if available, online.

24         (2)  Each organization conducting an approved wrecker

25  operator continuing education course must issue, on forms

26  prescribed by the department, a certificate to each wrecker

27  operator who completes the approved course and passes an

28  approved recertification examination.

29         508.112  Prohibited acts.--It is a violation of this

30  chapter for a person to:

31  

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 1         (1)  Charge rates that exceed the maximum rates imposed

 2  by the ordinances of the respective county or municipality

 3  under s. 125.0103(1)(c) or s. 166.043(1)(c).

 4         (2)  Violate s. 321.051, relating to the Florida

 5  Highway Patrol wrecker-allocation system.

 6         (3)  Violate s. 323.002, relating to county and

 7  municipal wrecker allocation systems.

 8         (4)  Violate s. 713.78, relating to liens for

 9  recovering, towing, or storing vehicles and vessels.

10         (5)  Violate s. 715.07, relating to towing or removing

11  vehicles and vessels parked on real property without

12  permission.

13         (6)  Refuse to allow a law enforcement officer to

14  inspect a towing and storage facility as required in s.

15  812.055.

16         (7)  Allow a person who is not certified as a wrecker

17  operator under this chapter to perform wrecker services or

18  specialized wrecker services for the wrecker company for more

19  than 6 months after first being employed by, or becoming an

20  ultimate equitable owner of, the wrecker company.

21         (8)  Allow a wrecker operator certified under this

22  chapter to perform a specialized wrecker service for the

23  wrecker company if the wrecker operator's certification does

24  not include an endorsement for that specialized wrecker

25  service.

26         (9)  Perform an act otherwise prohibited by this

27  chapter or fail to perform an act otherwise required by this

28  chapter.

29         508.113  Administrative penalties; inspection of

30  records.--

31  

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 1         (1)  The department may take one or more of the

 2  following actions if the department finds that a person has

 3  violated this chapter or the rules or orders issued under this

 4  chapter:

 5         (a)  Issue a notice of noncompliance under s. 120.695.

 6         (b)  Impose an administrative fine not to exceed $5,000

 7  for each act or omission.

 8         (c)  Direct the person to cease and desist specified

 9  activities.

10         (d)  Refuse to register the wrecker company or suspend

11  or revoke the wrecker company's registration.

12         (e)  Place the wrecker company on probation for a

13  period of time, subject to the conditions specified by the

14  department.

15         (2)  Chapter 120 shall govern an administrative

16  proceeding resulting from an order imposing a penalty

17  specified in subsection (1).

18         508.114  Civil penalties.--The department may bring a

19  civil action in a court of competent jurisdiction to recover

20  any penalties or damages allowed in this chapter and for

21  injunctive relief to enforce compliance with this chapter. The

22  department may seek a civil penalty of up to $5,000 for each

23  violation of this chapter and may seek restitution for and on

24  behalf of any owner of a vehicle or vessel who is aggrieved or

25  injured by a violation of this chapter.

26         508.116  Fees.--The department shall adopt by rule a

27  fee schedule not to exceed the following amounts:

28         (1)  Wrecker company registration fee: $495.

29         (2)  Wrecker company registration renewal fee: $495.

30  

31  

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 1  The department shall collect and maintain data relating to the

 2  registration fees and shall review the fee amounts after the

 3  first 2 years of the registration program's existence.

 4         508.117  General Inspection Trust Fund; payments.--All

 5  fees, penalties, or other funds collected by the department

 6  under this chapter must be deposited in the General Inspection

 7  Trust Fund and may be used only for the purpose of

 8  administering this chapter.

 9         508.118  County and municipal ordinances.--A county or

10  municipality may enact ordinances governing the business of

11  transporting vehicles or vessels by wrecker which are more

12  restrictive than this chapter. This section does not limit the

13  authority of a political subdivision to impose regulatory fees

14  or charges or to levy local business taxes under chapter 205.

15  The department may enter into a cooperative agreement with any

16  county or municipality that provides for the referral,

17  investigation, and prosecution of consumer complaints alleging

18  violations of this chapter. The department may delegate

19  enforcement of this chapter to any county or municipality

20  entering into a cooperative agreement.

21         508.119  Records.--

22         (1)  Each wrecker company shall maintain records of its

23  wrecker services for at least 12 months. These records shall

24  be maintained at the wrecker company's principal place of

25  business.

26         (2)  Each wrecker company shall maintain records on

27  each of its wrecker operators which are sufficient to

28  demonstrate that the operator has successfully completed an

29  approved wrecker operator certification course or an approved

30  wrecker operator continuing education course and is certified

31  to perform wrecker services. These records shall be maintained

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 1  at the wrecker company's principal place of business for as

 2  long as the operator is employed by the wrecker company and

 3  for at least 6 months thereafter.

 4         (3)  Each organization approved to conduct a wrecker

 5  operator certification course or approved to offer a wrecker

 6  operator continuing education course shall maintain records of

 7  each person who successfully completes one of the courses. The

 8  records shall be maintained at the organization's principal

 9  place of business for at least 5 years. The department may, at

10  any time during normal business hours, enter the

11  organization's principal place of business to examine the

12  records.

13         Section 2.  Effective January 1, 2008, section 508.104,

14  Florida Statutes, is created to read:

15         508.104  Wrecker companies; registration required.--

16         (1)  A person may not own, operate, solicit business

17  for, advertise services for, or otherwise engage for hire in

18  the business of a wrecker company in this state unless that

19  person is registered with the department under this chapter.

20         (2)  A person applying for or renewing a local business

21  tax receipt to engage for hire in the business of a wrecker

22  company must exhibit a current registration certificate from

23  the department before the local business tax receipt may be

24  issued or reissued under chapter 205.

25         (3)  This section does not apply to a motor vehicle

26  repair shop registered with the department under s. 559.904

27  which meets all of the following requirements:

28         (a)  The motor vehicle repair shop derives at least 80

29  percent of its gross sales from motor vehicle repairs;

30         (b)  Each wrecker used to perform wrecker services on

31  behalf of the motor vehicle repair shop is registered with the

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 1  Department of Highway Safety and Motor Vehicles under the

 2  legal name of the owner of the motor vehicle repair shop;

 3         (c)  Any wrecker services must be performed by an

 4  employee of the motor vehicle repair shop;

 5         (d)  Each wrecker operator performing wrecker services

 6  on behalf of the motor vehicle repair shop is certified

 7  pursuant to ss. 508.107, 508.108, 508.109, and 508.110.

 8         (4)  This section does not apply to any franchised

 9  motor vehicle dealer licensed pursuant to s. 320.27 when

10  wrecker services are incidental to the operation of the

11  franchise.

12         Section 3.  Effective January 1, 2008, section 508.110,

13  Florida Statutes, is created to read:

14         508.110  Wrecker operators; certification required;

15  inspection of employment records.--

16         (1)  A person may not perform wrecker services in this

17  state unless he or she is an employee or ultimate equitable

18  owner of a wrecker company that is registered with the

19  department under this chapter and those wrecker services are

20  performed on behalf of the wrecker company.

21         (2)  Notwithstanding subsection (1), a person may

22  perform wrecker services or specialized wrecker services in

23  this state if he or she is an employee or ultimate equitable

24  owner of a motor vehicle repair shop registered with the

25  department under s. 559.904 and those wrecker services or

26  specialized wrecker services are performed on behalf of the

27  motor vehicle repair shop.

28         (3)(a)  A person may not perform wrecker services or

29  specialized wrecker services for:

30  

31  

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 1         1.  A wrecker company for more than 6 months after

 2  first being employed by, or becoming an ultimate equitable

 3  owner of, the wrecker company;

 4         2.  A motor vehicle repair shop for more than 6 months

 5  after first being employed by the motor vehicle repair shop;

 6  or

 7         3.  A franchised motor vehicle dealer for more than 6

 8  months after first being employed by the franchised motor

 9  vehicle dealer

10  

11  without being certified as a wrecker operator under this

12  chapter.

13         (b)  A wrecker operator certified under this chapter

14  may not perform a specialized wrecker service for a wrecker

15  company unless the wrecker operator's certification includes

16  an endorsement for that specialized wrecker service.

17         (4)  The department may, at any time during business

18  hours, enter any business location of a wrecker company and

19  examine the company's books or records. If the department

20  reasonably believes a violation of this chapter has occurred

21  or is occurring, the department may subpoena any necessary

22  books or records.

23         Section 4.  Effective July 1, 2008, section 508.115,

24  Florida Statutes, is created to read:

25         508.115  Criminal penalties.--

26         (1)  A person who violates s. 508.104(1) by operating a

27  wrecker company in this state without being registered with

28  the department under this chapter commits a felony of the

29  third degree, punishable as provided in s. 775.082, s.

30  775.083, or s. 775.084.

31  

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 1         (2)  A person who violates s. 508.110(1) by performing

 2  wrecker services in this state without being an employee or

 3  ultimate equitable owner of a wrecker company that is

 4  registered with the department under this chapter commits a

 5  felony of the third degree, punishable as provided in s.

 6  775.082, s. 775.083, or s. 775.084.

 7         Section 5.  Effective January 1, 2008, paragraph (b) of

 8  subsection (8) of section 120.80, Florida Statutes, is amended

 9  to read:

10         120.80  Exceptions and special requirements;

11  agencies.--

12         (8)  DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES.--

13         (b)  Wrecker companies operators.--Notwithstanding s.

14  120.57(1)(a), hearings held by the Division of the Florida

15  Highway Patrol of the Department of Highway Safety and Motor

16  Vehicles to deny, suspend, or remove a wrecker company

17  operator from participating in the wrecker allocation rotation

18  system established under by s. 321.051 need not be conducted

19  by an administrative law judge assigned by the division. These

20  hearings shall be held by a hearing officer appointed by the

21  director of the Division of the Florida Highway Patrol.

22         Section 6.  Effective January 1, 2008, section

23  205.1977, Florida Statutes, is created to read:

24         205.1977  Wrecker companies; consumer protection.--A

25  county or municipality may not issue or renew a business tax

26  receipt for the operation of a wrecker company under chapter

27  508 unless the wrecker company exhibits a current registration

28  from the Department of Agriculture and Consumer Services.

29         Section 7.  Subsection (3) of section 316.530, Florida

30  Statutes, is amended to read:

31         316.530  Towing requirements.--

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 1         (3)  Whenever a motor vehicle becomes disabled upon the

 2  highways of this state and a wrecker or tow truck is required

 3  to remove it to a repair shop or other appropriate location,

 4  if the combined weights of those two vehicles and the loads

 5  thereon exceed the maximum allowable weights as established by

 6  s. 316.535, no penalty shall be assessed either vehicle or

 7  driver. However, this exception shall not apply to the load

 8  limits for bridges and culverts established by the department

 9  as provided in s. 316.555.

10         Section 8.  Subsection (40) of section 320.01, Florida

11  Statutes, is amended to read:

12         320.01  Definitions, general.--As used in the Florida

13  Statutes, except as otherwise provided, the term:

14         (40)  "Wrecker" means a tow truck or other any motor

15  vehicle that is used to tow, carry, or otherwise transport

16  motor vehicles or vessels upon the streets and highways of

17  this state and that is equipped for that purpose with a boom,

18  winch, car carrier, or other similar equipment.

19         Section 9.  Effective January 1, 2008, subsection (8)

20  of section 320.03, Florida Statutes, is amended to read:

21         320.03  Registration; duties of tax collectors;

22  International Registration Plan.--

23         (8)  If the applicant's name appears on the list

24  referred to in s. 316.1001(4), s. 316.1967(6), or s.

25  713.78(13), a license plate or revalidation sticker may not be

26  issued until that person's name no longer appears on the list

27  or until the person presents a receipt from the clerk showing

28  that the fines outstanding have been paid. This subsection

29  does not apply to the owner of a leased vehicle if the vehicle

30  is registered in the name of the lessee of the vehicle. The

31  tax collector and the clerk of the court are each entitled to

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 1  receive monthly, as costs for implementing and administering

 2  this subsection, 10 percent of the civil penalties and fines

 3  recovered from such persons. As used in this subsection, the

 4  term "civil penalties and fines" does not include a wrecker

 5  company's operator's lien as described in s. 713.78(13). If

 6  the tax collector has private tag agents, such tag agents are

 7  entitled to receive a pro rata share of the amount paid to the

 8  tax collector, based upon the percentage of license plates and

 9  revalidation stickers issued by the tag agent compared to the

10  total issued within the county. The authority of any private

11  agent to issue license plates shall be revoked, after notice

12  and a hearing as provided in chapter 120, if he or she issues

13  any license plate or revalidation sticker contrary to the

14  provisions of this subsection. This section applies only to

15  the annual renewal in the owner's birth month of a motor

16  vehicle registration and does not apply to the transfer of a

17  registration of a motor vehicle sold by a motor vehicle dealer

18  licensed under this chapter, except for the transfer of

19  registrations which is inclusive of the annual renewals. This

20  section does not affect the issuance of the title to a motor

21  vehicle, notwithstanding s. 319.23(7)(b).

22         Section 10.  Section 320.0706, Florida Statutes, is

23  amended to read:

24         320.0706  Display of license plates on trucks.--The

25  owner of any commercial truck of gross vehicle weight of

26  26,001 pounds or more shall display the registration license

27  plate on both the front and rear of the truck in conformance

28  with all the requirements of s. 316.605 that do not conflict

29  with this section. The owner of a dump truck may place the

30  rear license plate on the gate no higher than 60 inches to

31  allow for better visibility. However, the owner of a truck

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 1  tractor or a wrecker must shall be required to display the

 2  registration license plate only on the front of such vehicle.

 3         Section 11.  Subsection (1) of section 320.0821,

 4  Florida Statutes, is amended, and subsection (5) is added to

 5  that section, to read:

 6         320.0821  Wrecker license plates.--

 7         (1)  The department shall issue one a wrecker license

 8  plate, regardless of gross vehicle weight, to the owner of any

 9  motor vehicle that is used to tow, carry, or otherwise

10  transport motor vehicles or vessels upon the streets and

11  highways of this state and that is equipped for that purpose

12  with a boom, winch, carrier, or other similar equipment,

13  except a motor vehicle registered under the International

14  Registration Plan, upon application and payment of the

15  appropriate license tax and fees in accordance with s.

16  320.08(5)(d) or (e).

17         (5)  A wrecker license plate must be displayed on the

18  front of such vehicle.

19         Section 12.  Effective January 1, 2008, subsection (1)

20  of section 320.0821, Florida Statutes, as amended by this act,

21  is amended to read:

22         320.0821  Wrecker license plates.--

23         (1)  The department shall issue one wrecker license

24  plate, regardless of gross vehicle weight, to the owner of a

25  wrecker any motor vehicle that is used to tow, carry, or

26  otherwise transport vehicles or vessels upon the streets and

27  highways of this state and that is equipped for that purpose

28  with a boom, winch, carrier, or other similar equipment,

29  except a motor vehicle registered under the International

30  Registration Plan, upon application and payment of the

31  

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 1  appropriate license tax and fees in accordance with s.

 2  320.08(5)(d) or (e).

 3         Section 13.  Paragraph (a) of subsection (1) of section

 4  320.13, Florida Statutes, is amended to read:

 5         320.13  Dealer and manufacturer license plates and

 6  alternative method of registration.--

 7         (1)(a)  Any licensed motor vehicle dealer and any

 8  licensed mobile home dealer may, upon payment of the license

 9  tax imposed by s. 320.08(12), secure one or more dealer

10  license plates, which are valid for use on motor vehicles or

11  mobile homes owned by the dealer to whom such plates are

12  issued while the motor vehicles are in inventory and for sale,

13  or while being operated in connection with such dealer's

14  business, but are not valid for use for hire. Dealer license

15  plates may not be used on any tow truck or wrecker as defined

16  in s. 320.01 unless the tow truck or wrecker is being

17  demonstrated for sale, and the dealer license plates may not

18  be used to transport another motor vehicle for the motor

19  vehicle dealer.

20         Section 14.  For the purpose of incorporating the

21  amendment made by this act to section 320.01, Florida

22  Statutes, in references thereto, paragraph (a) of subsection

23  (4) and subsection (9) of section 316.550, Florida Statutes,

24  are reenacted to read:

25         316.550  Operations not in conformity with law; special

26  permits.--

27         (4)(a)  The Department of Transportation may issue a

28  wrecker special blanket permit to authorize a wrecker as

29  defined in s. 320.01(40) to tow a disabled vehicle as defined

30  in s. 320.01(38) where the combination of the wrecker and the

31  

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 1  disabled vehicle being towed exceeds the maximum weight limits

 2  as established by s. 316.535.

 3         (9)  Whenever any motor vehicle, or the combination of

 4  a wrecker as defined in s. 320.01(40) and a towed motor

 5  vehicle, exceeds any weight or dimensional criteria or special

 6  operational or safety stipulation contained in a special

 7  permit issued under the provisions of this section, the

 8  penalty assessed to the owner or operator shall be as follows:

 9         (a)  For violation of weight criteria contained in a

10  special permit, the penalty per pound or portion thereof

11  exceeding the permitted weight shall be as provided in s.

12  316.545.

13         (b)  For each violation of dimensional criteria in a

14  special permit, the penalty shall be as provided in s. 316.516

15  and penalties for multiple violations of dimensional criteria

16  shall be cumulative except that the total penalty for the

17  vehicle shall not exceed $1,000.

18         (c)  For each violation of an operational or safety

19  stipulation in a special permit, the penalty shall be an

20  amount not to exceed $1,000 per violation and penalties for

21  multiple violations of operational or safety stipulations

22  shall be cumulative except that the total penalty for the

23  vehicle shall not exceed $1,000.

24         (d)  For violation of any special condition that has

25  been prescribed in the rules of the Department of

26  Transportation and declared on the permit, the vehicle shall

27  be determined to be out of conformance with the permit and the

28  permit shall be declared null and void for the vehicle, and

29  weight and dimensional limits for the vehicle shall be as

30  established in s. 316.515 or s. 316.535, whichever is

31  applicable, and:

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 1         1.  For weight violations, a penalty as provided in s.

 2  316.545 shall be assessed for those weights which exceed the

 3  limits thus established for the vehicle; and

 4         2.  For dimensional, operational, or safety violations,

 5  a penalty as established in paragraph (c) or s. 316.516,

 6  whichever is applicable, shall be assessed for each

 7  nonconforming dimensional, operational, or safety violation

 8  and the penalties for multiple violations shall be cumulative

 9  for the vehicle.

10         Section 15.  For the purpose of incorporating the

11  amendment made by this act to section 320.01, Florida

12  Statutes, in references thereto, paragraphs (d) and (e) of

13  subsection (5) of section 320.08, Florida Statutes, are

14  reenacted to read:

15         320.08  License taxes.--Except as otherwise provided

16  herein, there are hereby levied and imposed annual license

17  taxes for the operation of motor vehicles, mopeds, motorized

18  bicycles as defined in s. 316.003(2), and mobile homes, as

19  defined in s. 320.01, which shall be paid to and collected by

20  the department or its agent upon the registration or renewal

21  of registration of the following:

22         (5)  SEMITRAILERS, FEES ACCORDING TO GROSS VEHICLE

23  WEIGHT; SCHOOL BUSES; SPECIAL PURPOSE VEHICLES.--

24         (d)  A wrecker, as defined in s. 320.01(40), which is

25  used to tow a vessel as defined in s. 327.02(39), a disabled,

26  abandoned, stolen-recovered, or impounded motor vehicle as

27  defined in s. 320.01(38), or a replacement motor vehicle as

28  defined in s. 320.01(39): $30 flat.

29         (e)  A wrecker, as defined in s. 320.01(40), which is

30  used to tow any motor vehicle, regardless of whether or not

31  such motor vehicle is a disabled motor vehicle as defined in

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 1  s. 320.01(38), a replacement motor vehicle as defined in s.

 2  320.01(39), a vessel as defined in s. 327.02(39), or any other

 3  cargo, as follows:

 4         1.  Gross vehicle weight of 10,000 pounds or more, but

 5  less than 15,000 pounds: $87 flat.

 6         2.  Gross vehicle weight of 15,000 pounds or more, but

 7  less than 20,000 pounds: $131 flat.

 8         3.  Gross vehicle weight of 20,000 pounds or more, but

 9  less than 26,000 pounds: $186 flat.

10         4.  Gross vehicle weight of 26,000 pounds or more, but

11  less than 35,000 pounds: $240 flat.

12         5.  Gross vehicle weight of 35,000 pounds or more, but

13  less than 44,000 pounds: $300 flat.

14         6.  Gross vehicle weight of 44,000 pounds or more, but

15  less than 55,000 pounds: $572 flat.

16         7.  Gross vehicle weight of 55,000 pounds or more, but

17  less than 62,000 pounds: $678 flat.

18         8.  Gross vehicle weight of 62,000 pounds or more, but

19  less than 72,000 pounds: $800 flat.

20         9.  Gross vehicle weight of 72,000 pounds or more: $979

21  flat.

22         Section 16.  Effective January 1, 2008, section

23  321.051, Florida Statutes, is amended to read:

24         (Substantial rewording of section. See

25         s. 321.051, F.S., for present text.)

26         321.051  Florida Highway Patrol wrecker-allocation

27  system; penalties for operation outside of system.--

28         (1)  As used in this section, the term:

29         (a)  "Authorized wrecker company" means a wrecker

30  company designated by the division as part of its

31  wrecker-allocation system.

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 1         (b)  "Division" means the Division of the Florida

 2  Highway Patrol within the Department of Highway Safety and

 3  Motor Vehicles.

 4         (c)  "Unauthorized wrecker company" means a wrecker

 5  company not designated by the division as part of its

 6  wrecker-allocation system.

 7         (d)  "Wrecker company" has the same meaning ascribed in

 8  s. 508.101.

 9         (e)  "Wrecker operator" has the same meaning ascribed

10  in s. 508.101.

11         (f)  "Wrecker services" has the same meaning ascribed

12  in s. 508.101.

13         (2)(a)  The division may establish within areas

14  designated by the division a wrecker-allocation system, using

15  qualified, reputable wrecker companies, for the removal from

16  crash scenes and the storage of wrecked or disabled vehicles

17  when the owner or operator is incapacitated or unavailable or

18  leaves the procurement of wrecker services to the officer at

19  the scene and for the removal and storage of abandoned

20  vehicles.

21         (b)  The wrecker-allocation system may use only wrecker

22  companies registered under chapter 508. Each reputable wrecker

23  company registered under chapter 508 is eligible for use in

24  the system if its equipment and wrecker operators meet the

25  recognized safety qualifications and mechanical standards set

26  by the division's rules for the size of vehicle they are

27  designed to handle. The division may limit the number of

28  wrecker companies participating in the wrecker-allocation

29  system.

30         (c)  The division may establish maximum rates for the

31  towing and storage of vehicles removed at the division's

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 1  request if those rates are not established by a county or

 2  municipality under s. 125.0103 or s. 166.043. These rates are

 3  not rules for the purpose of chapter 120; however, the

 4  Department of Highway Safety and Motor Vehicles shall adopt

 5  rules prescribing the procedures for setting these rates.

 6         (d)  Notwithstanding chapter 120, a final order of the

 7  Department of Highway Safety and Motor Vehicles denying,

 8  suspending, or revoking a wrecker company's participation in

 9  the wrecker-allocation system may be appealed only in the

10  manner and within the time provided by the Florida Rules of

11  Appellate Procedure by a writ of certiorari issued by the

12  circuit court in the county in which the wrecker company's

13  primary place of business is located, as evidenced by the

14  wrecker company's registration under chapter 508.

15         (3)(a)  An unauthorized wrecker company, its wrecker

16  operators, or its other employees or agents may not monitor a

17  police radio for communications between patrol field units and

18  the dispatcher in order to determine the location of a wrecked

19  or disabled vehicle for the purpose of dispatching its wrecker

20  operator to drive by the scene of the vehicle in a manner

21  described in paragraph (b) or paragraph (c). Any person who

22  violates this paragraph commits a noncriminal violation,

23  punishable as provided in s. 775.083.

24         (b)  Except as provided in paragraph (c), a wrecker

25  operator dispatched by an unauthorized wrecker company who

26  drives by the scene of a wrecked or disabled vehicle before

27  the arrival of the wrecker operator dispatched by the

28  authorized wrecker company may not initiate contact with the

29  owner or operator of the vehicle by soliciting or offering

30  wrecker services or tow the vehicle. Any person who violates

31  

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 1  this paragraph commits a misdemeanor of the second degree,

 2  punishable as provided in s. 775.082 or s. 775.083.

 3         (c)  When a wrecker operator dispatched by an

 4  unauthorized wrecker company drives by the scene of a wrecked

 5  or disabled vehicle and the owner or operator initiates

 6  contact by signaling the wrecker operator to stop and provide

 7  wrecker services, the wrecker operator must disclose to the

 8  owner or operator of the vehicle that he or she was not

 9  dispatched by the authorized wrecker company designated as

10  part of the wrecker-allocation system and must disclose, in

11  writing, what charges for towing and storage will apply before

12  the vehicle is connected to the towing apparatus. Any person

13  who violates this paragraph commits a misdemeanor of the

14  second degree, punishable as provided in s. 775.082 or s.

15  775.083.

16         (d)  A wrecker operator may not falsely identify

17  himself or herself as being part of, or as being employed by a

18  wrecker company that is part of, the wrecker-allocation system

19  at the scene of a wrecked or disabled vehicle. Any person who

20  violates this paragraph commits a misdemeanor of the first

21  degree, punishable as provided in s. 775.082 or s. 775.083.

22         (4)  This section does not prohibit or in any way

23  prevent the owner or operator of a vehicle involved in a crash

24  or otherwise disabled from contacting any wrecker company for

25  the provision of wrecker services, regardless of whether the

26  wrecker company is an authorized wrecker company. However, if

27  a law enforcement officer determines that the disabled vehicle

28  or vehicle cargo is a public safety hazard, the officer may,

29  in the interest of public safety, dispatch an authorized

30  wrecker company if the officer believes that the authorized

31  wrecker company would arrive at the scene before the wrecker

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 1  company requested by the owner or operator of the disabled

 2  vehicle or vehicle cargo.

 3         (5)  A law enforcement officer may dispatch an

 4  authorized wrecker company out of rotation to the scene of a

 5  wrecked or disabled vehicle if the authorized wrecker company

 6  next on rotation is not equipped to provide the required

 7  wrecker services and the out-of-rotation authorized wrecker

 8  company is available with the required equipment. However,

 9  this subsection does not prohibit or prevent the owner or

10  operator of a vehicle involved in a crash or otherwise

11  disabled from contacting any wrecker company that is properly

12  equipped to provide the required wrecker services, regardless

13  of whether the wrecker company is an authorized wrecker

14  company, unless the law enforcement officer determines that

15  the wrecked or disabled vehicle or vehicle cargo is a public

16  safety hazard and the officer believes that the authorized

17  wrecker company would arrive at the scene before the wrecker

18  company requested by the owner or operator.

19         Section 17.  Effective January 1, 2008, section

20  323.001, Florida Statutes, is amended to read:

21         (Substantial rewording of section. See

22         s. 323.001, F.S., for present text.)

23         323.001  Wrecker company storage facilities; vehicle

24  holds.--

25         (1)  As used in this section, the term:

26         (a)  "Business day" means a day other than a Saturday,

27  Sunday, or federal or state legal holiday.

28         (b)  "Wrecker company" has the same meaning ascribed in

29  s. 508.101.

30         (2)  A law enforcement agency may place a hold on a

31  motor vehicle stored within a wrecker company's storage

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 1  facility for 5 business days, thereby preventing a motor

 2  vehicle from being released to its owner.

 3         (3)  To extend a hold beyond 5 business days, the law

 4  enforcement agency must notify the wrecker company in writing

 5  before the expiration of the 5 business days. If notification

 6  is not made within the 5 business days, the wrecker company

 7  must release the vehicle to the designated person under s.

 8  713.78.

 9         (a)  If the hold is extended beyond the 5 business

10  days, the law enforcement agency may have the vehicle removed

11  to a designated impound lot and the vehicle may not be

12  released by the law enforcement agency to the owner or

13  lienholder of the vehicle until proof of payment of the towing

14  and storage charges incurred by the wrecker company is

15  presented to the law enforcement agency.

16         (b)  If the law enforcement agency chooses to have the

17  vehicle remain at the wrecker company's storage facility for

18  more than 5 business days under the written notification, the

19  law enforcement agency is responsible for paying the storage

20  charges incurred by the wrecker company for the requested

21  extended period. The owner or lienholder is responsible for

22  paying the accrued towing and storage charges for the first 5

23  business days, or any period less than the first 5 business

24  days, if the law enforcement agency moves the vehicle from the

25  wrecker company's storage facility to a designated impound lot

26  or provides written notification to extend the hold on the

27  vehicle before the expiration of the 5 business days.

28         (c)  The towing and storage rates for the owner or

29  lienholder of the held vehicle may not exceed the rates for

30  the law enforcement agency.

31  

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 1         (4)  If there is a judicial finding of no probable

 2  cause for having continued the immobilization or impoundment,

 3  the law enforcement agency ordering the hold must pay the

 4  accrued charges for any towing and storage.

 5         (5)  The requirements for a written hold apply when:

 6         (a)  The law enforcement officer has probable cause to

 7  believe that the vehicle should be seized and forfeited under

 8  the Florida Contraband Forfeiture Act, ss. 932.701-932.707;

 9         (b)  The law enforcement officer has probable cause to

10  believe that the vehicle should be seized and forfeited under

11  chapter 370 or chapter 372;

12         (c)  The law enforcement officer has probable cause to

13  believe that the vehicle was used as a means to commit a

14  crime;

15         (d)  The law enforcement officer has probable cause to

16  believe that the vehicle is itself evidence that a crime has

17  been committed or that the vehicle contains evidence, which

18  cannot readily be removed, that a crime has been committed;

19         (e)  The law enforcement officer has probable cause to

20  believe that the vehicle was involved in a traffic accident

21  resulting in death or personal injury and should be sealed for

22  investigation and collection of evidence by a vehicular

23  homicide investigator;

24         (f)  The vehicle is impounded or immobilized under s.

25  316.193 or s. 322.34; or

26         (g)  The law enforcement officer is complying with a

27  court order.

28         (6)  The hold must be in writing and must specify:

29         (a)  The name and agency of the law enforcement officer

30  placing the hold on the vehicle.

31  

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 1         (b)  The date and time the hold is placed on the

 2  vehicle.

 3         (c)  A general description of the vehicle, including

 4  its color, make, model, body style, and year; vehicle

 5  identification number; registration license plate number,

 6  state, and year; and validation sticker number, state, and

 7  year.

 8         (d)  The specific reason for placing the hold.

 9         (e)  The condition of the vehicle.

10         (f)  The location where the vehicle is being held.

11         (g)  The name, address, and telephone number of the

12  wrecker company and the storage facility.

13         (7)  A wrecker company's storage facility must comply

14  with a hold placed by a law enforcement officer, including

15  instructions for inside or outside storage. A wrecker

16  company's storage facility may not release a motor vehicle

17  subject to a hold to any person except as directed by the law

18  enforcement agency placing the hold.

19         (8)  When a vehicle owner is found guilty of,

20  regardless of adjudication, or pleads nolo contendere to, the

21  offense that resulted in a hold being placed on his or her

22  vehicle, the owner must pay the accrued towing and storage

23  charges assessed against the vehicle.

24         Section 18.  Effective January 1, 2008, section

25  323.002, Florida Statutes, is amended to read:

26         (Substantial rewording of section. See

27         s. 323.002, F.S., for present text.)

28         323.002  County and municipal wrecker-allocation

29  systems; penalties for operation outside of system.--

30         (1)  As used in this section, the term:

31  

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 1         (a)  "Authorized wrecker company" means a wrecker

 2  company designated as part of the wrecker-allocation system

 3  established by the governmental unit having jurisdiction over

 4  the scene of a wrecked, disabled, or abandoned vehicle.

 5         (b)  "Unauthorized wrecker company" means a wrecker

 6  company not designated as part of the wrecker-allocation

 7  system established by the governmental unit having

 8  jurisdiction over the scene of a wrecked, disabled, or

 9  abandoned vehicle.

10         (c)  "Wrecker-allocation system" means a system for the

11  towing or removal of wrecked, disabled, or abandoned vehicles,

12  similar to the Florida Highway Patrol wrecker-allocation

13  system described in s. 321.051(2), under which a county or

14  municipality contracts with one or more wrecker companies

15  registered under chapter 508 for the towing or removal of

16  wrecked, disabled, or abandoned vehicles from accident scenes,

17  streets, or highways. Each wrecker-allocation system must use

18  a method for apportioning the towing assignments among the

19  eligible wrecker companies through the creation of geographic

20  zones or a rotation schedule or a combination of geographic

21  zones and a rotation schedule.

22         (d)  "Wrecker company" has the same meaning ascribed in

23  s. 508.101.

24         (e)  "Wrecker operator" has the same meaning ascribed

25  in s. 508.101.

26         (f)  "Wrecker services" has the same meaning ascribed

27  in s. 508.101.

28         (2)  In a county or municipality that operates a

29  wrecker-allocation system:

30         (a)  The wrecker-allocation system may only use wrecker

31  companies registered under chapter 508.

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 1         (b)  An unauthorized wrecker company, its wrecker

 2  operators, or its other employees or agents may not monitor a

 3  police radio for communications between patrol field units and

 4  the dispatcher in order to determine the location of a wrecked

 5  or disabled vehicle for the purpose of dispatching its wrecker

 6  operator to drive by the scene of the vehicle in a manner

 7  described in paragraph (c) or paragraph (d). Any person who

 8  violates this paragraph commits a noncriminal violation,

 9  punishable as provided in s. 775.083.

10         (c)  Except as provided in paragraph (d), a wrecker

11  operator dispatched by an unauthorized wrecker company who

12  drives by the scene of a wrecked or disabled vehicle before

13  the arrival of the wrecker operator dispatched by the

14  authorized wrecker company may not initiate contact with the

15  owner or operator of the vehicle by soliciting or offering

16  wrecker services or tow the vehicle. Any person who violates

17  this paragraph commits a misdemeanor of the second degree,

18  punishable as provided in s. 775.082 or s. 775.083.

19         (d)  When a wrecker operator dispatched by an

20  unauthorized wrecker company drives by the scene of a wrecked

21  or disabled vehicle and the owner or operator initiates

22  contact by signaling the wrecker operator to stop and provide

23  wrecker services, the wrecker operator must disclose to the

24  owner or operator of the vehicle that he or she was not

25  dispatched by the authorized wrecker company designated as

26  part of the wrecker-allocation system and must disclose, in

27  writing, what charges for towing and storage will apply before

28  the vehicle is connected to the towing apparatus. Any person

29  who violates this paragraph commits a misdemeanor of the

30  second degree, punishable as provided in s. 775.082 or s.

31  775.083.

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 1         (e)  A wrecker operator may not falsely identify

 2  himself or herself as being part of, or as being employed by a

 3  wrecker company that is part of, the wrecker-allocation system

 4  at the scene of a wrecked or disabled vehicle. Any person who

 5  violates this paragraph commits a misdemeanor of the first

 6  degree, punishable as provided in s. 775.082 or s. 775.083.

 7         (3)  This section does not prohibit or in any way

 8  prevent the owner or operator of a vehicle involved in a crash

 9  or otherwise disabled from contacting any wrecker company for

10  the provision of wrecker services, regardless of whether the

11  wrecker company is an authorized wrecker company. If a law

12  enforcement officer determines that the disabled vehicle or

13  vehicle cargo is a public safety hazard, the officer may, in

14  the interest of public safety, dispatch an authorized wrecker

15  company if the officer believes that the authorized wrecker

16  company would arrive at the scene before the wrecker company

17  requested by the owner or operator of the disabled vehicle or

18  vehicle cargo.

19         (4)  A law enforcement officer may dispatch an

20  authorized wrecker company out of rotation to the scene of a

21  wrecked or disabled vehicle if the authorized wrecker company

22  next on rotation is not equipped to provide the required

23  wrecker services and the out-of-rotation authorized wrecker

24  company is available with the required equipment. However,

25  this subsection does not prohibit or prevent the owner or

26  operator of a vehicle involved in a crash or otherwise

27  disabled from contacting any wrecker company that is properly

28  equipped to provide the required wrecker services, regardless

29  of whether the wrecker company is an authorized wrecker

30  company, unless the law enforcement officer determines that

31  the wrecked or disabled vehicle or vehicle cargo is a public

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 1  safety hazard and the officer believes that the authorized

 2  wrecker company would arrive at the scene before the wrecker

 3  company requested by the owner or operator.

 4         Section 19.  Effective January 1, 2008, section 713.78,

 5  Florida Statutes, is amended to read:

 6         713.78  Liens for recovering, towing, or storing

 7  vehicles and vessels.--

 8         (1)  As used in For the purposes of this section, the

 9  term:

10         (a)  "Business day" means a day other than a Saturday,

11  Sunday, or federal or state legal holiday.

12         (b)  "Property owner" has the same meaning ascribed in

13  s. 715.07.

14         (c)(a)  "Vehicle" has the same meaning ascribed in s.

15  508.101 means any mobile item, whether motorized or not, which

16  is mounted on wheels.

17         (d)(b)  "Vessel" has the same meaning ascribed in s.

18  508.101 means every description of watercraft, barge, and

19  airboat used or capable of being used as a means of

20  transportation on water, other than a seaplane or a

21  "documented vessel" as defined in s. 327.02(9).

22         (e)(c)  "Wrecker" has the same meaning ascribed in s.

23  320.01 means any truck or other vehicle which is used to tow,

24  carry, or otherwise transport motor vehicles or vessels upon

25  the streets and highways of this state and which is equipped

26  for that purpose with a boom, winch, car carrier, or other

27  similar equipment.

28         (f)  "Wrecker company" has the same meaning ascribed in

29  s. 508.101.

30         (g)  "Wrecker operator" has the same meaning ascribed

31  in s. 508.101.

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 1         (2)  Whenever a wrecker company registered under

 2  chapter 508 person regularly engaged in the business of

 3  transporting vehicles or vessels by wrecker, tow truck, or car

 4  carrier recovers, removes, or stores a vehicle or vessel upon

 5  instructions from:

 6         (a)  The owner of the vehicle or vessel thereof;

 7         (b)  The property owner or lessor, or a person

 8  authorized by the owner or lessor, of real property on which

 9  the such vehicle or vessel is wrongfully parked without

10  permission, and the removal is done in compliance with s.

11  715.07; or

12         (c)  Any law enforcement agency,

13  

14  the wrecker company has she or he shall have a lien on the

15  vehicle or vessel for a reasonable towing fee and for a

16  reasonable storage fee,; except that no storage fee shall be

17  charged if the vehicle or vessel is stored for less than 6

18  hours.

19         (3)  This section does not authorize any person to

20  claim a lien on a vehicle for fees or charges connected with

21  the immobilization of the such vehicle using a vehicle boot or

22  other similar device under pursuant to s. 715.07.

23         (4)(a)  Any wrecker company that person regularly

24  engaged in the business of recovering, towing, or storing

25  vehicles or vessels who comes into possession of a vehicle or

26  vessel under pursuant to subsection (2), and who claims a lien

27  for recovery, towing, or storage services, shall give notice

28  to the registered owner, the insurance company insuring the

29  vehicle notwithstanding the provisions of s. 627.736, and to

30  all persons claiming a lien on the vehicle or vessel thereon,

31  as disclosed by the records in the Department of Highway

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 1  Safety and Motor Vehicles or of a corresponding agency in any

 2  other state.

 3         (b)  Whenever a any law enforcement agency authorizes

 4  the removal of a vehicle or vessel or whenever a wrecker

 5  company any towing service, garage, repair shop, or automotive

 6  service, storage, or parking place notifies the law

 7  enforcement agency of possession of a vehicle or vessel under

 8  pursuant to s. 715.07(2)(a)2., the applicable law enforcement

 9  agency shall contact the Department of Highway Safety and

10  Motor Vehicles, or the appropriate agency of the state of

11  registration, if known, within 24 hours through the medium of

12  electronic communications, giving the full description of the

13  vehicle or vessel. Upon receipt of the full description of the

14  vehicle or vessel, the department shall search its files to

15  determine the owner's name, the insurance company insuring the

16  vehicle or vessel, and whether any person has filed a lien

17  upon the vehicle or vessel as provided in s. 319.27(2) and (3)

18  and notify the applicable law enforcement agency within 72

19  hours. The wrecker company person in charge of the towing

20  service, garage, repair shop, or automotive service, storage,

21  or parking place shall obtain that such information from the

22  applicable law enforcement agency within 5 days after the date

23  of storage and shall give notice under pursuant to paragraph

24  (a). The department may release the insurance company

25  information to the requestor notwithstanding the provisions of

26  s. 627.736.

27         (c)  Notice by certified mail, return receipt

28  requested, shall be sent within 7 business days after the date

29  of storage of the vehicle or vessel to the registered owner,

30  the insurance company insuring the vehicle notwithstanding the

31  provisions of s. 627.736, and all persons of record claiming a

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 1  lien against the vehicle or vessel. The notice It shall state

 2  the fact of possession of the vehicle or vessel and, that a

 3  lien as provided in subsection (2) is claimed, that charges

 4  have accrued and the amount of the charges thereof, that the

 5  lien is subject to enforcement under pursuant to law, and that

 6  the owner or lienholder, if any, has the right to a hearing as

 7  set forth in subsection (5), and that any vehicle or vessel

 8  that which remains unclaimed, or for which the charges for

 9  recovery, towing, or storage services remain unpaid, may be

10  sold free of all prior liens after 35 days if the vehicle or

11  vessel is more than 3 years of age or after 50 days if the

12  vehicle or vessel is 3 years of age or less.

13         (d)  If the wrecker company is unable attempts to

14  identify locate the name and address of the owner or

15  lienholder prove unsuccessful, the wrecker company

16  towing-storage operator shall, after 7 business working days

17  following, excluding Saturday and Sunday, of the initial tow

18  or storage, notify the public agency of jurisdiction in

19  writing by certified mail or acknowledged hand delivery that

20  the wrecker towing-storage company has been unable to identify

21  locate the name and address of the owner or lienholder, and a

22  physical search of the vehicle or vessel has disclosed no

23  ownership information, and a good faith effort has been made.

24  For purposes of this paragraph and subsection (9), the term

25  "good faith effort" means that the following checks have been

26  performed by the wrecker company to establish prior state of

27  registration and for title:

28         1.  Check of vehicle or vessel for any type of tag, tag

29  record, temporary tag, or regular tag.

30         2.  Check of law enforcement report for tag number or

31  other information identifying the vehicle or vessel, if the

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 1  vehicle or vessel was towed at the request of a law

 2  enforcement officer.

 3         3.  Check of trip sheet or tow ticket of the wrecker

 4  tow truck operator to see if a tag was on vehicle or vessel at

 5  beginning of tow, if private tow.

 6         4.  If there is no address of the owner on the impound

 7  report, check of law enforcement report to see if an

 8  out-of-state address is indicated from driver license

 9  information.

10         5.  Check of vehicle or vessel for inspection sticker

11  or other stickers and decals that may indicate a state of

12  possible registration.

13         6.  Check of the interior of the vehicle or vessel for

14  any papers that may be in the glove box, trunk, or other areas

15  for a state of registration.

16         7.  Check of vehicle for vehicle identification number.

17         8.  Check of vessel for vessel registration number.

18         9.  Check of vessel hull for a hull identification

19  number, which should be carved, burned, stamped, embossed, or

20  otherwise permanently affixed to the outboard side of the

21  transom or, if there is no transom, to the outmost seaboard

22  side at the end of the hull that bears the rudder or other

23  steering mechanism.

24         (5)(a)  The owner of a vehicle or vessel removed under

25  pursuant to the provisions of subsection (2), or any person

26  claiming a lien, other than the wrecker company towing-storage

27  operator, within 10 days after the time she or he has

28  knowledge of the location of the vehicle or vessel, may file a

29  complaint in the county court of the county in which the

30  vehicle or vessel is stored or in which the owner resides to

31  

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 1  determine if her or his property was wrongfully taken or

 2  withheld from her or him.

 3         (b)  Upon filing of a complaint, an owner or lienholder

 4  may have her or his vehicle or vessel released upon posting

 5  with the court a cash or surety bond or other adequate

 6  security equal to the amount of the charges for towing or

 7  storage and lot rental amount to ensure the payment of the

 8  such charges in the event she or he does not prevail. Upon the

 9  posting of the bond and the payment of the applicable fee set

10  forth in s. 28.24, the clerk of the court shall issue a

11  certificate notifying the lienor of the posting of the bond

12  and directing the lienor to release the vehicle or vessel. At

13  the time of the such release, after reasonable inspection, she

14  or he shall give a receipt to the wrecker towing-storage

15  company reciting any claims she or he has for loss or damage

16  to the vehicle or vessel or to the contents of the vehicle or

17  vessel thereof.

18         (c)  Upon determining the respective rights of the

19  parties, the court shall may award damages, reasonable

20  attorney's fees, and costs to in favor of the prevailing

21  party. In any event, The final order shall require provide for

22  immediate payment in full of the recovery, towing, and storage

23  fees by the vehicle or vessel owner or lienholder,; by or the

24  law enforcement agency ordering the tow,; or by the property

25  owner, lessee, or agent thereof of the real property from

26  which the vehicle or vessel was towed or removed under s.

27  715.07.

28         (6)  Any vehicle or vessel that which is stored under

29  pursuant to subsection (2) and which remains unclaimed, or for

30  which reasonable charges for recovery, towing, or storing

31  remain unpaid, and any contents not released under pursuant to

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 1  subsection (10), may be sold by the wrecker company owner or

 2  operator of the storage space for the such towing or storage

 3  charge after 35 days after from the time the vehicle or vessel

 4  is stored in the wrecker company's storage facility therein if

 5  the vehicle or vessel is more than 3 years of age or after 50

 6  days after following the time the vehicle or vessel is stored

 7  in the wrecker company's storage facility therein if the

 8  vehicle or vessel is 3 years of age or less. The sale shall be

 9  at public auction for cash. If the date of the sale is was not

10  included in the notice required in subsection (4), notice of

11  the sale shall be given to the person in whose name the

12  vehicle or vessel is registered and to all persons claiming a

13  lien on the vehicle or vessel as shown on the records of the

14  Department of Highway Safety and Motor Vehicles or of the

15  corresponding agency in any other state. Notice shall be sent

16  by certified mail, return receipt requested, to the owner of

17  the vehicle or vessel and the person having the recorded lien

18  on the vehicle or vessel at the address shown on the records

19  of the registering agency and shall be mailed at least not

20  less than 15 days before the date of the sale. After diligent

21  search and inquiry, if the name and address of the registered

22  owner or the owner of the recorded lien cannot be ascertained,

23  the requirements of notice by mail may be dispensed with. In

24  addition to the notice by mail, public notice of the time and

25  place of sale shall be made by publishing a notice of the sale

26  thereof one time, at least 10 days prior to the date of the

27  sale, in a newspaper of general circulation in the county in

28  which the sale is to be held. The proceeds of the sale, after

29  payment of reasonable towing and storage charges, and costs of

30  the sale, in that order of priority, shall be deposited with

31  the clerk of the circuit court for the county if the owner is

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 1  absent, and the clerk shall hold the such proceeds subject to

 2  the claim of the person legally entitled to those proceeds

 3  thereto. The clerk shall be entitled to receive 5 percent of

 4  the such proceeds for the care and disbursement of the

 5  proceeds thereof. The certificate of title issued under this

 6  section law shall be discharged of all liens unless otherwise

 7  provided by court order.

 8         (7)(a)  A wrecker company, its wrecker operators, and

 9  other employees or agents of the wrecker company operator

10  recovering, towing, or storing vehicles or vessels are is not

11  liable for damages connected with those such services, theft

12  of the such vehicles or vessels, or theft of personal property

13  contained in the such vehicles or vessels if those, provided

14  that such services are have been performed with reasonable

15  care and provided, further, that, in the case of removal of a

16  vehicle or vessel upon the request of a person purporting, and

17  reasonably appearing, to be the property owner or lessee, or a

18  person authorized by the owner or lessee, of the real property

19  from which the such vehicle or vessel is removed, the such

20  removal is has been done in compliance with s. 715.07.

21  Further, a wrecker company, its wrecker operators, and other

22  employees or agents of the wrecker company are operator is not

23  liable for damage to a vehicle, a vessel, or cargo that

24  obstructs the normal movement of traffic or creates a hazard

25  to traffic and is removed in compliance with the request of a

26  law enforcement officer.

27         (b)  For the purposes of this subsection, a wrecker

28  company, its wrecker operators, and other employees or agents

29  of the wrecker company are operator is presumed to use

30  reasonable care to prevent the theft of a vehicle or vessel or

31  of any personal property contained in the such vehicle or

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 1  vessel stored in the wrecker company's operator's storage

 2  facility if all of the following apply:

 3         1.  The wrecker company operator surrounds the storage

 4  facility with a chain-link or solid-wall type fence at least 6

 5  feet in height;

 6         2.  The wrecker company illuminates operator has

 7  illuminated the storage facility with lighting of sufficient

 8  intensity to reveal persons and vehicles at a distance of at

 9  least 150 feet during nighttime; and

10         3.  The wrecker company operator uses one or more of

11  the following security methods to discourage theft of vehicles

12  or vessels or of any personal property contained in such

13  vehicles or vessels stored in the wrecker company's operator's

14  storage facility:

15         a.  A night dispatcher or watchman remains on duty at

16  the storage facility from sunset to sunrise;

17         b.  A security dog remains at the storage facility from

18  sunset to sunrise;

19         c.  Security cameras or other similar surveillance

20  devices monitor the storage facility; or

21         d.  A security guard service examines the storage

22  facility at least once each hour from sunset to sunrise.

23         (c)  Any law enforcement agency requesting that a motor

24  vehicle be removed from an accident scene, street, or highway

25  must conduct an inventory and prepare a written record of all

26  personal property found in the vehicle before the vehicle is

27  removed by a wrecker operator. However, if the owner or driver

28  of the motor vehicle is present and accompanies the vehicle,

29  an no inventory by law enforcement is not required. A wrecker

30  company, its wrecker operators, and other employees or agents

31  of the wrecker company are operator is not liable for the loss

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 1  of personal property alleged to be contained in such a vehicle

 2  when the such personal property was not identified on the

 3  inventory record prepared by the law enforcement agency

 4  requesting the removal of the vehicle.

 5         (8)  A wrecker company and its wrecker operators,

 6  excluding person regularly engaged in the business of

 7  recovering, towing, or storing vehicles or vessels, except a

 8  person licensed under chapter 493 while engaged in

 9  "repossession" activities as defined in s. 493.6101, may not

10  operate a wrecker, tow truck, or car carrier unless the name,

11  address, and telephone number of the wrecker company

12  performing the wrecker services service is clearly printed in

13  contrasting colors on the driver and passenger sides of the

14  wrecker its vehicle. The name must be in at least 3-inch

15  permanently affixed letters, and the address and telephone

16  number must be in at least 1-inch permanently affixed letters.

17         (9)  Failure to make good faith, best efforts to comply

18  with the notice requirements of this section precludes shall

19  preclude the imposition of any storage charges against the

20  such vehicle or vessel.

21         (10)  Each wrecker company that provides Persons who

22  provide services under pursuant to this section shall permit

23  vehicle or vessel owners or their agents, which agency is

24  evidenced by an original writing acknowledged by the owner

25  before a notary public or other person empowered by law to

26  administer oaths, to inspect the towed vehicle or vessel and

27  shall release to the owner or agent the vehicle, vessel, or

28  all personal property not affixed to the vehicle or vessel

29  that which was in the vehicle or vessel at the time the

30  vehicle or vessel came into the custody of the wrecker company

31  person providing those such services.

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 1         (11)(a)  A wrecker company that Any person regularly

 2  engaged in the business of recovering, towing, or storing

 3  vehicles or vessels who comes into possession of a vehicle or

 4  vessel pursuant to subsection (2) and complies who has

 5  complied with the provisions of subsections (3) and (6), when

 6  the such vehicle or vessel is to be sold for purposes of being

 7  dismantled, destroyed, or changed in such a manner that it is

 8  not the motor vehicle or vessel described in the certificate

 9  of title, must shall apply to the county tax collector for a

10  certificate of destruction. A certificate of destruction,

11  which authorizes the dismantling or destruction of the vehicle

12  or vessel described on the certificate therein, is shall be

13  reassignable no more than twice a maximum of two times before

14  dismantling or destruction of the vehicle or vessel is shall

15  be required, and, in lieu of a certificate of title, the

16  certificate of destruction shall accompany the vehicle or

17  vessel for which it is issued, when the such vehicle or vessel

18  is sold for that purpose such purposes, in lieu of a

19  certificate of title. The application for a certificate of

20  destruction must include an affidavit from the applicant that

21  it has complied with all applicable requirements of this

22  section and, if the vehicle or vessel is not registered in

23  this state, by a statement from a law enforcement officer that

24  the vehicle or vessel is not reported stolen, and must also

25  shall be accompanied by any other such documentation as may be

26  required by the department.

27         (b)  The Department of Highway Safety and Motor

28  Vehicles shall charge a fee of $3 for each certificate of

29  destruction. A service charge of $4.25 shall be collected and

30  retained by the tax collector who processes the application.

31  

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 1         (c)  The Department of Highway Safety and Motor

 2  Vehicles may adopt such rules to administer as it deems

 3  necessary or proper for the administration of this subsection.

 4         (12)(a)  Any person who violates any provision of

 5  subsection (1), subsection (2), subsection (4), subsection

 6  (5), subsection (6), or subsection (7) commits is guilty of a

 7  misdemeanor of the first degree, punishable as provided in s.

 8  775.082 or s. 775.083.

 9         (b)  Any person who violates subsection (8), subsection

10  (9), subsection (10), or subsection (11) commits the

11  provisions of subsections (8) through (11) is guilty of a

12  felony of the third degree, punishable as provided in s.

13  775.082, s. 775.083, or s. 775.084.

14         (c)  Any person who uses a false or fictitious name,

15  gives a false or fictitious address, or makes any false

16  statement in any application or affidavit required under the

17  provisions of this section commits is guilty of a felony of

18  the third degree, punishable as provided in s. 775.082, s.

19  775.083, or s. 775.084.

20         (d)  Employees of the Department of Highway Safety and

21  Motor Vehicles and law enforcement officers may are authorized

22  to inspect the records of each wrecker company in this state

23  any person regularly engaged in the business of recovering,

24  towing, or storing vehicles or vessels or transporting

25  vehicles or vessels by wrecker, tow truck, or car carrier, to

26  ensure compliance with the requirements of this section. Any

27  person who fails to maintain records, or fails to produce

28  records when required in a reasonable manner and at a

29  reasonable time, commits a misdemeanor of the first degree,

30  punishable as provided in s. 775.082 or s. 775.083.

31  

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 1         (13)(a)  Upon receipt by the Department of Highway

 2  Safety and Motor Vehicles of written notice from a wrecker

 3  company that operator who claims a wrecker company's

 4  operator's lien under paragraph (2)(c) or paragraph (2)(d) for

 5  recovery, towing, or storage of an abandoned vehicle or vessel

 6  upon instructions from any law enforcement agency, for which a

 7  certificate of destruction has been issued under subsection

 8  (11), the department shall place the name of the registered

 9  owner of that vehicle or vessel on the list of those persons

10  who may not be issued a license plate or revalidation sticker

11  for any motor vehicle under s. 320.03(8). If the vehicle or

12  vessel is owned jointly by more than one person, the name of

13  each registered owner shall be placed on the list. The notice

14  of wrecker company's operator's lien shall be submitted on

15  forms provided by the department, which must include:

16         1.  The name, address, and telephone number of the

17  wrecker company operator.

18         2.  The name of the registered owner of the vehicle or

19  vessel and the address to which the wrecker company operator

20  provided notice of the lien to the registered owner under

21  subsection (4).

22         3.  A general description of the vehicle or vessel,

23  including its color, make, model, body style, and year.

24         4.  The vehicle identification number (VIN);

25  registration license plate number, state, and year; validation

26  decal number, state, and year; vessel registration number;

27  hull identification number; or other identification number, as

28  applicable.

29         5.  The name of the person or the corresponding law

30  enforcement agency that requested that the vehicle or vessel

31  be recovered, towed, or stored.

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 1         6.  The amount of the wrecker company's operator's

 2  lien, not to exceed the amount allowed by paragraph (b).

 3         (b)  For purposes of this subsection only, the amount

 4  of the wrecker company's operator's lien for which the

 5  department will prevent issuance of a license plate or

 6  revalidation sticker may not exceed the amount of the charges

 7  for recovery, towing, and storage of the vehicle or vessel for

 8  7 days. These charges may not exceed the maximum rates imposed

 9  by the ordinances of the respective county or municipality

10  under ss. 125.0103(1)(c) and 166.043(1)(c). This paragraph

11  does not limit the amount of a wrecker company's operator's

12  lien claimed under subsection (2) or prevent a wrecker company

13  operator from seeking civil remedies for enforcement of the

14  entire amount of the lien, but limits only that portion of the

15  lien for which the department will prevent issuance of a

16  license plate or revalidation sticker.

17         (c)1.  The registered owner of a vehicle or vessel may

18  dispute a wrecker company's operator's lien, by notifying the

19  department of the dispute in writing on forms provided by the

20  department, if at least one of the following applies:

21         a.  The registered owner presents a notarized bill of

22  sale proving that the vehicle or vessel was sold in a private

23  or casual sale before the vehicle or vessel was recovered,

24  towed, or stored.

25         b.  The registered owner presents proof that the

26  Florida certificate of title of the vehicle or vessel was sold

27  to a licensed dealer as defined in s. 319.001 before the

28  vehicle or vessel was recovered, towed, or stored.

29         c.  The records of the department were marked "sold"

30  prior to the date of the tow.

31  

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 1  If the registered owner's dispute of a wrecker company's

 2  operator's lien complies with one of these criteria, the

 3  department shall immediately remove the registered owner's

 4  name from the list of those persons who may not be issued a

 5  license plate or revalidation sticker for any motor vehicle

 6  under s. 320.03(8), thereby allowing issuance of a license

 7  plate or revalidation sticker. If the vehicle or vessel is

 8  owned jointly by more than one person, each registered owner

 9  must dispute the wrecker company's operator's lien in order to

10  be removed from the list. However, the department shall deny

11  any dispute and maintain the registered owner's name on the

12  list of those persons who may not be issued a license plate or

13  revalidation sticker for any motor vehicle under s. 320.03(8)

14  if the wrecker company operator has provided the department

15  with a certified copy of the judgment of a court that which

16  orders the registered owner to pay the wrecker company's

17  operator's lien claimed under this section. In such a case,

18  the amount of the wrecker company's operator's lien allowed by

19  paragraph (b) may be increased to include no more than $500 of

20  the reasonable costs and attorney's fees incurred in obtaining

21  the judgment. The department's action under this subparagraph

22  is ministerial in nature, shall not be considered final agency

23  action, and is appealable only to the county court for the

24  county in which the vehicle or vessel was ordered removed.

25         2.  A person against whom a wrecker company's

26  operator's lien has been imposed may alternatively obtain a

27  discharge of the lien by filing a complaint, challenging the

28  validity of the lien or the amount of the lien thereof, in the

29  county court of the county in which the vehicle or vessel was

30  ordered removed. Upon filing of the complaint, the person may

31  have her or his name removed from the list of those persons

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 1  who may not be issued a license plate or revalidation sticker

 2  for any motor vehicle under s. 320.03(8), thereby allowing

 3  issuance of a license plate or revalidation sticker, upon

 4  posting with the court a cash or surety bond or other adequate

 5  security equal to the amount of the wrecker company's

 6  operator's lien to ensure the payment of such lien in the

 7  event she or he does not prevail. Upon the posting of the bond

 8  and the payment of the applicable fee set forth in s. 28.24,

 9  the clerk of the court shall issue a certificate notifying the

10  department of the posting of the bond and directing the

11  department to release the wrecker company's operator's lien.

12  Upon determining the respective rights of the parties, the

13  court may award damages and costs in favor of the prevailing

14  party.

15         3.  If a person against whom a wrecker company's

16  operator's lien has been imposed does not object to the lien,

17  but cannot discharge the lien by payment because the wrecker

18  company operator has moved or gone out of business, the person

19  may have her or his name removed from the list of those

20  persons who may not be issued a license plate or revalidation

21  sticker for any motor vehicle under s. 320.03(8), thereby

22  allowing issuance of a license plate or revalidation sticker,

23  upon posting with the clerk of court in the county in which

24  the vehicle or vessel was ordered removed, a cash or surety

25  bond or other adequate security equal to the amount of the

26  wrecker company's operator's lien. Upon the posting of the

27  bond and the payment of the application fee set forth in s.

28  28.24, the clerk of the court shall issue a certificate

29  notifying the department of the posting of the bond and

30  directing the department to release the wrecker company's

31  operator's lien. The department shall mail to the wrecker

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 1  company operator, at the address upon the lien form, notice

 2  that the wrecker company operator must claim the security

 3  within 60 days, or the security will be released back to the

 4  person who posted it. At the conclusion of the 60 days, the

 5  department shall direct the clerk as to which party is

 6  entitled to payment of the security, less applicable clerk's

 7  fees.

 8         4.  A wrecker company's operator's lien expires 5 years

 9  after filing.

10         (d)  Upon discharge of the amount of the wrecker

11  company's operator's lien allowed by paragraph (b), the

12  wrecker company operator must issue a certificate of

13  discharged wrecker company's operator's lien on forms provided

14  by the department to each registered owner of the vehicle or

15  vessel attesting that the amount of the wrecker company's

16  operator's lien allowed by paragraph (b) has been discharged.

17  Upon presentation of the certificate of discharged wrecker

18  company's operator's lien by the registered owner, the

19  department shall immediately remove the registered owner's

20  name from the list of those persons who may not be issued a

21  license plate or revalidation sticker for any motor vehicle

22  under s. 320.03(8), thereby allowing issuance of a license

23  plate or revalidation sticker. Issuance of a certificate of

24  discharged wrecker company's operator's lien under this

25  paragraph does not discharge the entire amount of the wrecker

26  company's operator's lien claimed under subsection (2), but

27  only certifies to the department that the amount of the

28  wrecker company's operator's lien allowed by paragraph (b),

29  for which the department will prevent issuance of a license

30  plate or revalidation sticker, has been discharged.

31  

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 1         (e)  When a wrecker company operator files a notice of

 2  wrecker company's operator's lien under this subsection, the

 3  department shall charge the wrecker company operator a fee of

 4  $2, which shall be deposited into the General Revenue Fund

 5  established under s. 860.158. A service charge of $2.50 shall

 6  be collected and retained by the tax collector who processes a

 7  notice of wrecker company's operator's lien.

 8         (f)  This subsection applies only to the annual renewal

 9  in the registered owner's birth month of a motor vehicle

10  registration and does not apply to the transfer of a

11  registration of a motor vehicle sold by a motor vehicle dealer

12  licensed under chapter 320, except for the transfer of

13  registrations which is inclusive of the annual renewals. This

14  subsection does not apply to any vehicle registered in the

15  name of the lessor. This subsection does not affect the

16  issuance of the title to a motor vehicle, notwithstanding s.

17  319.23(7)(b).

18         (g)  The Department of Highway Safety and Motor

19  Vehicles may adopt rules pursuant to ss. 120.536(1) and 120.54

20  to implement this subsection.

21         Section 20.  The amendments to section 713.78, Florida

22  Statutes, made by this act do not affect the validity of liens

23  established under section 713.78, Florida Statutes, before

24  January 1, 2008.

25         Section 21.  Effective January 1, 2008, section 715.07,

26  Florida Statutes, is amended to read:

27         715.07  Vehicles or vessels parked on real private

28  property without permission; towing.--

29         (1)  As used in this section, the term:

30         (a)  "Property owner" means an owner or lessee of real

31  property, or a person authorized by the owner or lessee, which

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 1  person may be the designated representative of the condominium

 2  association if the real property is a condominium.

 3         (b)(a)  "Vehicle" has the same meaning ascribed in s.

 4  508.101 means any mobile item which normally uses wheels,

 5  whether motorized or not.

 6         (c)(b)  "Vessel" has the same meaning ascribed in s.

 7  508.101 means every description of watercraft, barge, and

 8  airboat used or capable of being used as a means of

 9  transportation on water, other than a seaplane or a

10  "documented vessel" as defined in s. 327.02(9).

11         (d)  "Wrecker company" has the same meaning ascribed in

12  s. 508.101.

13         (e)  "Wrecker operator" has the same meaning ascribed

14  in s. 508.101.

15         (2)  A property owner The owner or lessee of real

16  property, or any person authorized by the owner or lessee,

17  which person may be the designated representative of the

18  condominium association if the real property is a condominium,

19  may cause a any vehicle or vessel parked on her or his such

20  property without her or his permission to be removed by a

21  wrecker company registered under chapter 508 person regularly

22  engaged in the business of towing vehicles or vessels, without

23  liability for the costs of removal, transportation, or storage

24  or damages caused by the such removal, transportation, or

25  storage, under any of the following circumstances:

26         (a)  The towing or removal of any vehicle or vessel

27  from real private property without the consent of the

28  registered owner or other legally authorized person in control

29  of that vehicle or vessel is subject to strict compliance with

30  the following conditions and restrictions:

31  

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 1         1.a.  Any towed or removed vehicle or vessel must be

 2  stored at a storage facility site within a 10-mile radius of

 3  the point of removal in any county that has a population of

 4  500,000 population or more, and within a 15-mile radius of the

 5  point of removal in any county that has a population of fewer

 6  less than 500,000 population. The wrecker company's storage

 7  facility That site must be open for the purpose of redemption

 8  of vehicles and vessels on any day that the wrecker company

 9  person or firm towing the such vehicle or vessel is open for

10  towing purposes, from 8 8:00 a.m. to 6 6:00 p.m., and, when

11  closed, must shall have prominently posted a sign indicating a

12  telephone number where the operator of the storage facility

13  site can be reached at all times. Upon receipt of a telephoned

14  request to open the storage facility site to redeem a vehicle

15  or vessel, the operator shall return to the storage facility

16  site within 1 hour or she or he is will be in violation of

17  this section.

18         b.  If no wrecker company towing business providing

19  such service is located within the area of towing limitations

20  set forth in sub-subparagraph a., the following limitations

21  apply: any towed or removed vehicle or vessel must be stored

22  at a storage facility site within a 20-mile radius of the

23  point of removal in any county that has a population of

24  500,000 population or more, and within a 30-mile radius of the

25  point of removal in any county that has a population of fewer

26  less than 500,000 population.

27         2.  The wrecker company person or firm towing or

28  removing the vehicle or vessel shall, within 30 minutes after

29  completion of the such towing or removal, notify the municipal

30  police department or, in an unincorporated area, the sheriff,

31  of the such towing or removal, the location of the storage

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 1  facility site, the time the vehicle or vessel was towed or

 2  removed, and the make, model, color, and license plate number

 3  of the vehicle or the make, model, color, and registration

 4  number of the vessel. The wrecker company or description and

 5  registration number of the vessel and shall also obtain the

 6  name of the person at the police that department or sheriff's

 7  office to whom such information is was reported and note that

 8  name on the trip record.

 9         3.  A wrecker operator person in the process of towing

10  or removing a vehicle or vessel from the premises or parking

11  lot in which the vehicle or vessel is not lawfully parked

12  without permission must stop when a person seeks the return of

13  the vehicle or vessel. The vehicle or vessel must be returned

14  upon the payment of a reasonable service fee of not more than

15  one-half of the posted rate for the towing or removal service

16  as provided in subparagraph 6. The vehicle or vessel may be

17  towed or removed if, after a reasonable opportunity, the owner

18  or legally authorized person in control of the vehicle or

19  vessel is unable to pay the service fee or refuses to remove

20  the vehicle or vessel that is parked without permission. If

21  the vehicle or vessel is redeemed, a detailed signed receipt

22  must be given to the person redeeming the vehicle or vessel.

23         4.  A wrecker company, a wrecker operator, or another

24  employee or agent of a wrecker company person may not pay or

25  accept money or other valuable consideration for the privilege

26  of towing or removing vehicles or vessels from a particular

27  location.

28         5.  Except for property appurtenant to and obviously a

29  part of a single-family residence, and except for instances

30  when notice is personally given to the owner or other legally

31  authorized person in control of the vehicle or vessel that the

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 1  area in which that vehicle or vessel is parked is reserved or

 2  otherwise unavailable for unauthorized vehicles or vessels and

 3  that the vehicle or vessel is subject to being removed at the

 4  owner's or operator's expense, any property owner or lessee,

 5  or person authorized by the property owner or lessee, before

 6  prior to towing or removing any vehicle or vessel from real

 7  private property without the consent of the owner or other

 8  legally authorized person in control of that vehicle or

 9  vessel, must post a notice meeting the following requirements:

10         a.  The notice must be prominently placed at each

11  driveway access or curb cut allowing vehicular access to the

12  property, within 5 feet from the public right-of-way line. If

13  there are no curbs or access barriers, at least one sign the

14  signs must be posted not less than one sign for each 25 feet

15  of lot frontage.

16         b.  The notice must clearly indicate, in at least not

17  less than 2-inch high, light-reflective letters on a

18  contrasting background, that unauthorized vehicles will be

19  towed away at the owner's expense. The words "tow-away zone"

20  must be included on the sign in at least not less than 4-inch

21  high letters.

22         c.  The notice must also provide the name and current

23  telephone number of the wrecker company person or firm towing

24  or removing the vehicles or vessels.

25         d.  The sign structure containing the required notices

26  must be permanently installed with the words "tow-away zone"

27  not less than 3 feet and not more than 6 feet above ground

28  level and must be continuously maintained on the property for

29  not less than 24 hours prior to the towing or removal of any

30  vehicles or vessels.

31  

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 1         e.  The local government may require permitting and

 2  inspection of these signs prior to any towing or removal of

 3  vehicles or vessels being authorized.

 4         f.  A business with 20 or fewer parking spaces

 5  satisfies the notice requirements of this subparagraph by

 6  prominently displaying a sign stating, "Reserved Parking for

 7  Customers Only. Unauthorized Vehicles or Vessels Will be Towed

 8  Away At the Owner's Expense," in at least not less than 4-inch

 9  high, light-reflective letters on a contrasting background.

10         g.  A property owner towing or removing vessels from

11  real property must post notice, consistent with the

12  requirements in sub-subparagraphs a.-f., which apply to

13  vehicles, that unauthorized vehicles or vessels will be towed

14  away at the owner's expense.

15  

16  A business owner or lessee may authorize the removal of a

17  vehicle or vessel by a wrecker towing company registered under

18  chapter 508 when no tow-away sign is posted if the vehicle or

19  vessel is parked in such a manner that restricts the normal

20  operation of business.; and If a vehicle or vessel parked on a

21  public right-of-way obstructs access to a private driveway

22  when no tow-away sign is posted, the owner or, lessee of the

23  driveway, or the owner's or lessee's agent may have the

24  vehicle or vessel removed by a wrecker towing company

25  registered under chapter 508 upon signing an order that the

26  vehicle or vessel be removed without a posted tow-away zone

27  sign.

28         6.  Each wrecker company Any person or firm that tows

29  or removes vehicles or vessels and proposes to require an

30  owner, operator, or person in control of a vehicle or vessel

31  to pay the costs of towing and storage prior to redemption of

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 1  the vehicle or vessel must file and keep on record with the

 2  local law enforcement agency a complete copy of the current

 3  rates to be charged for the such services and post at the

 4  wrecker company's storage facility site an identical rate

 5  schedule and any written contracts with property owners,

 6  lessees, or persons in control of real property that which

 7  authorize the wrecker company such person or firm to remove

 8  vehicles or vessels as provided in this section.

 9         7.  Each wrecker company Any person or firm towing or

10  removing any vehicles or vessels from real private property

11  without the consent of the owner or other legally authorized

12  person in control of the vehicles or vessels shall, on each

13  wrecker any trucks, wreckers as defined in s. 320.01 s.

14  713.78(1)(c), or other vehicles used in the towing or removal,

15  have the name, address, and telephone number of the wrecker

16  company performing such service clearly printed in contrasting

17  colors on the driver and passenger sides of the wrecker

18  vehicle. The name must shall be in at least 3-inch permanently

19  affixed letters, and the address and telephone number must

20  shall be in at least 1-inch permanently affixed letters.

21         8.  Vehicle or vessel entry for the purpose of towing

22  or removing the vehicle or vessel is shall be allowed with

23  reasonable care on the part of the wrecker company and the

24  wrecker operators person or firm towing the vehicle or vessel.

25  A wrecker company, its wrecker operators, and other employees

26  or agents of the wrecker company are not Such person or firm

27  shall be liable for any damage occasioned to the vehicle or

28  vessel if such entry into the vehicle or vessel is performed

29  not in accordance with the standard of reasonable care.

30         9.  When a vehicle or vessel is has been towed or

31  removed under pursuant to this section, the wrecker company it

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 1  must release the vehicle or vessel be released to its owner or

 2  an agent of the owner custodian within one hour after

 3  requested. Any vehicle or vessel owner or the owner's agent

 4  has shall have the right to inspect the vehicle or vessel

 5  before accepting its return. A wrecker company may not require

 6  any vehicle or vessel owner, custodian, or agent to, and no

 7  release the wrecker company or waiver of any kind which would

 8  release the person or firm towing the vehicle or vessel from

 9  liability for damages noted by the owner or other legally

10  authorized person at the time of the redemption may be

11  required from any vehicle or vessel owner, custodian, or agent

12  as a condition of release of the vehicle or vessel to its

13  owner. A wrecker company must give a person paying towing and

14  storage charges under this section a detailed, signed receipt

15  showing the legal name of the wrecker company or person towing

16  or removing the vehicle or vessel must be given to the person

17  paying towing or storage charges at the time of payment,

18  whether requested or not.

19         (b)  The These requirements of this subsection are

20  minimum standards and do not preclude enactment of additional

21  regulations by any municipality or county, including the

22  regulation of right to regulate rates when vehicles or vessels

23  are towed from real private property.

24         (3)  This section does not apply to vehicles or vessels

25  that are reasonably identifiable from markings as law

26  enforcement, firefighting, rescue squad, ambulance, or other

27  emergency vehicles or vessels that are marked as such or to

28  property owned by any governmental entity.

29         (4)  When a person improperly causes a vehicle or

30  vessel to be removed, that such person is shall be liable to

31  the owner or lessee of the vehicle or vessel for the cost of

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 1  removal, transportation, and storage; any damages resulting

 2  from the removal, transportation, or storage of the vehicle or

 3  vessel; attorney's fees; and court costs.

 4         (5)  Failure to make good faith efforts to comply with

 5  the notice requirements in subparagraph (2)(a)5. precludes the

 6  imposition of any towing or storage charges against the

 7  vehicle or vessel.

 8         (6)(5)(a)  Any person who violates subparagraph

 9  (2)(a)2. or subparagraph (2)(a)6. commits a misdemeanor of the

10  first degree, punishable as provided in s. 775.082 or s.

11  775.083.

12         (b)  Any person who violates subparagraph (2)(a)1.,

13  subparagraph (2)(a)3., subparagraph (2)(a)4., subparagraph

14  (2)(a)7., or subparagraph (2)(a)9. commits a felony of the

15  third degree, punishable as provided in s. 775.082, s.

16  775.083, or s. 775.084.

17         Section 22.  Effective January 1, 2008, subsection (15)

18  of section 1.01, Florida Statutes, is repealed.

19         Section 23.  The sum of $693,000 is appropriated from

20  the General Inspection Trust Fund to the Department of

21  Agriculture and Consumer Services, and nine additional

22  full-time-equivalent positions are authorized, for the purpose

23  of implementing this act during the 2007-2008 fiscal year.

24         Section 24.  Except as otherwise expressly provided in

25  this act, this act shall take effect July 1, 2007.

26  

27  

28  

29  

30  

31  

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 1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
 2                         Senate Bill 612

 3                                 

 4  The Committee Substitute differs from the bill as filed in the
    following ways:
 5  
    -    Removes the requirement for the executive director of the
 6       Professional Wrecker Operators of Florida, Inc., to be a
         member of the Wrecker Operating Advisory Council.
 7  
    -    Increases the membership, from 6 to 7, of the Wrecker
 8       Operation Advisory Council.

 9  -    Revises the council's future membership by requiring two
         members to be owners of wrecker companies operating no
10       more than three trucks.

11  -    Requires that instruction in the operation of light duty,
         medium duty, and rollback trucks be a mandatory component
12       of the wrecker operator certification program.

13  -    Requires the certification training to be completed
         within 6 months of employment.
14  
    -    Removes the exemption of recovery (repossession) agents
15       from the provisions of ch. 508, F.S.

16  -    Removes the exemption for certain religious organizations
         from the registration requirement.
17  
    -    Reduces the continuing education requirement to 4 hours
18       every 5 years.

19  -    Transfers the responsibility to approve certification
         courses, examinations for certification, which
20       certification examinations from other states are
         substantially equivalent to Florida's examination, and
21       continuing education courses for wrecker operators, from
         the Wrecker Operator Advisory Council to the Department
22       of Agriculture and Consumer Services.

23  -    Directs the Department of Agriculture and Consumer
         Services to collect the fingerprint processing and
24       national processing fee and screen background results of
         applicants.
25  

26  

27  

28  

29  

30  

31  

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