Florida Senate - 2013                          SENATOR AMENDMENT
       Bill No. CS for CS for SB 1458
       
       
       
       
       
       
                                Barcode 688684                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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                  Floor: WD            .                                
             04/26/2013 08:32 AM       .                                
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       Senator Brandes moved the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete lines 3615 - 3688
    4  and insert:
    5         Section 53. Subsections (2) and (3) of section 323.002,
    6  Florida Statutes, are amended to read:
    7         323.002 County and municipal wrecker operator systems;
    8  penalties for operation outside of system.—
    9         (2) In any county or municipality that operates a wrecker
   10  operator system:
   11         (a) It is unlawful for an unauthorized wrecker operator or
   12  its employees or agents to monitor police radio for
   13  communications between patrol field units and the dispatcher in
   14  order to determine the location of a wrecked or disabled vehicle
   15  for the purpose of driving by the scene of such vehicle in a
   16  manner described in paragraph (b) or paragraph (c). Any person
   17  who violates this paragraph commits is guilty of a noncriminal
   18  violation, punishable as provided in s. 775.083, and the
   19  person’s wrecker, tow truck, or other motor vehicle that was
   20  used during the offense may be immediately removed and impounded
   21  pursuant to subsection (3).
   22         (b) It is unlawful for an unauthorized wrecker operator to
   23  drive by the scene of a wrecked or disabled vehicle before the
   24  arrival of an authorized wrecker operator, initiate contact with
   25  the owner or operator of such vehicle by soliciting or offering
   26  towing services, and tow such vehicle. Any person who violates
   27  this paragraph commits is guilty of a misdemeanor of the second
   28  degree, punishable as provided in s. 775.082 or s. 775.083, and
   29  the person’s wrecker, tow truck, or other motor vehicle that was
   30  used during the offense may be immediately removed and impounded
   31  pursuant to subsection (3).
   32         (c) When an unauthorized wrecker operator drives by the
   33  scene of a wrecked or disabled vehicle and the owner or operator
   34  initiates contact by signaling the wrecker operator to stop and
   35  provide towing services, the unauthorized wrecker operator must
   36  disclose in writing to the owner or operator of the vehicle his
   37  or her full name and driver license number, that he or she is
   38  not the authorized wrecker operator who has been designated as
   39  part of the wrecker operator system, that the motor vehicle is
   40  not being towed for the owner’s or operator’s insurance company
   41  or lienholder, whether he or she has in effect an insurance
   42  policy providing at least $300,000 of liability insurance and at
   43  least $50,000 of on-hook cargo insurance, and the maximum must
   44  disclose, in writing, a fee schedule that includes what charges
   45  for towing and storage which will apply before the vehicle is
   46  connected to or disconnected from the towing apparatus. The
   47  unauthorized wrecker operator must also provide a copy of the
   48  disclosure to the owner or operator in the presence of a law
   49  enforcement officer if such officer is at the scene of a motor
   50  vehicle accident, the fee charged per mile to and from the
   51  storage facility, the fee charged per 24 hours of storage, and,
   52  prominently displayed, the consumer hotline for the Department
   53  of Agriculture and Consumer Services. Any person who violates
   54  this paragraph commits is guilty of a misdemeanor of the second
   55  degree, punishable as provided in s. 775.082 or s. 775.083, and
   56  the person’s wrecker, tow truck, or other motor vehicle that was
   57  used during the offense may be immediately removed and impounded
   58  pursuant to subsection (3).
   59  
   60  
   61  ================= T I T L E  A M E N D M E N T ================
   62         And the title is amended as follows:
   63         Delete lines 259 - 260
   64  and insert:
   65         323.002, F.S.; providing that an unauthorized