HB 0677 2003
1	A bill to be entitled
2	An act relating to wrecker operators and operations;
3	creating ch. 508, F.S., titled "Wrecker Operators";
4	defining terms; creating the Wrecker Operator Advisory
5	Council to give advice and assistance relating to industry
6	matters to the Department of Agriculture and Consumer
7	Services; providing for membership; providing procedures;
8	requiring the department to provide administrative and
9	staff support; providing for review of certain rules;
10	authorizing the department to adopt rules; requiring
11	wrecker companies to register with the department;
12	providing requirements and procedures for registration;
13	providing for registration applications; requiring
14	fingerprints with application; providing for review of
15	application and issuance of certificate by the department;
16	requiring certain registration information in wrecker
17	company advertisements; providing for validity of
18	registration; providing for renewal of registration;
19	providing for denial of registration under specified
20	circumstances; providing for a wrecker certification
21	program that includes approved courses and examinations;
22	providing for issuance of certificate upon completion or
23	examination; providing for specialized wrecker service
24	classifications; providing for specified specialized
25	courses; providing for certification as a specialized
26	wrecker service; providing for certification cards;
27	authorizing the department to adopt rules relating to the
28	cards; providing requirements for wrecker operators;
29	authorizing the department to adopt rules for continuing
30	education requirements; providing for violations;
31	providing administrative, civil, and criminal penalties;
32	requiring the department to adopt a fee schedule by rule;
33	requiring deposit of all funds collected into the General
34	Inspection Trust Fund; providing exemption for specified
35	recovery agents; providing for local governance; creating
36	s. 205.1975, F.S.; restricting issuance of certain
37	occupational licenses by local governments under certain
38	circumstances; amending ss. 316.605 and 320.0706, F.S.;
39	revising license plate placement requirements for certain
40	vehicles; amending s. 320.0821, F.S.; revising license
41	plate issuance and placement requirements; amending s.
42	321.051, F.S.; revising definition of "authorized wrecker
43	operator" and "unauthorized wrecker operator"; defining
44	"division," "wrecker company," "wrecker operator," and
45	"wrecker services"; revising the Florida Highway Patrol
46	wrecker operator system; authorizing law enforcement
47	officers to deviate from system procedures under certain
48	circumstances; amending s. 323.001, F.S., relating to
49	wrecker operator storage facilities; defining "business
50	day" and "wrecker company"; revising provisions for
51	seizing and holding a vehicle; amending s. 323.002, F.S.;
52	revising definition of "authorized wrecker operator,"
53	"unauthorized wrecker operator," and "wrecker operator
54	system"; defining "wrecker company," "wrecker operator,"
55	and "wrecker services"; revising provisions for county and
56	municipal wrecker operator systems; authorizing law
57	enforcement officers to deviate from system procedures
58	under certain circumstances; amending s. 713.78, F.S.;
59	revising criteria for dispute of wrecker operator liens
60	and withholding of license plate or revalidation sticker
61	by the Department of Highway Safety and Motor Vehicles;
62	exempting specified vehicles; revising definition of
63	"vehicle," "vessel," and "wrecker"; defining "business
64	day," "property owner," "wrecker company," and "wrecker
65	operator"; revising provisions for recovery and storage of
66	vehicles, vessels, and mobile homes; revising provisions
67	to include wrecker companies and their employees and
68	agents; revising provisions for liens on such vehicles,
69	vessels, and mobile homes; revising procedure and
70	notification provisions; revising provisions for dispute
71	of removal; revising requirement for final order of the
72	court; providing for award of attorney's fees; revising
73	provisions for sale of certain property by wrecker
74	company; limiting liability of wrecker company and its
75	employees and agents under specified circumstances;
76	authorizing removal of vehicle and vehicle cargo without
77	specified consent upon request of certain persons;
78	limiting liability under certain conditions of certain
79	persons that request removal; revising provisions relating
80	to reasonable care to prevent theft; revising provisions
81	for inventory by law enforcement; revising provisions for
82	certificate of destruction; revising penalty provisions;
83	authorizing inspection of wrecker company records by law
84	enforcement officers and the Department of Highway Safety
85	and Motor Vehicles; providing for validity of prior liens;
86	amending s. 715.07, F.S.; revising the definition of
87	"vehicle"; defining "property owner," "vessel," "wrecker
88	company," and "wrecker operator"; providing for removal by
89	wrecker company of vehicles and vessels parked on real
90	property without owner's permission; providing conditions
91	and restrictions; prohibiting certain payment to owner of
92	premises; prohibiting certain request for payment by the
93	property owner; providing storage requirements; providing
94	notice requirements; requiring certain records be kept by
95	the wrecker company; limiting liability of wrecker company
96	and its employees and agents under certain circumstances;
97	providing for local governance; exempting certain law
98	enforcement and emergency vehicles and vessels; providing
99	for liability of certain costs and damages; providing that
100	failure to comply with notice requirement precludes
101	imposition of charges for towing and storage of vehicle or
102	vessel; providing penalties; amending s. 1.01, F.S.;
103	deleting a definition of "wrecker operator"; amending s.
104	120.80, F.S., relating to administrative hearings;
105	amending s. 316.530, F.S., relating to towing
106	requirements; amending s. 320.01, F.S., which provides a
107	definition of "wrecker"; amending s. 320.03, F.S.,
108	relating to vehicle registration; amending s. 320.13,
109	F.S., relating to use of certain license plates;
110	conforming provisions to changes made by this act;
111	reenacting ss. 316.550(4) and 320.08(5)(d) and (e), F.S.,
112	relating to maximum vehicle weight requirements and
113	license taxes; incorporating changes made by the act in
114	references; providing an appropriation; providing
115	effective dates.
116
117	Be It Enacted by the Legislature of the State of Florida:
118
119	Section 1. Chapter 508, Florida Statutes, consisting of
120	sections 508.01, 508.02, 508.03, 508.04, 508.05, 508.06, 508.07,
121	508.08, 508.09, 508.10, 508.11, 508.12, 508.13, 508.14, 508.15,
122	508.16, 508.17, 508.18, and 508.19, is created to read:
123	CHAPTER 508
124	WRECKER OPERATORS
125	508.01 Definitions.--As used in this chapter, the term:
126	(1) "Business entity" means any form of corporation,
127	limited liability company, partnership, association,
128	cooperative, joint venture, business trust, sole proprietorship,
129	or self-employed person that conducts business in this state.
130	(2) "Council" means the Wrecker Operator Advisory Council.
131	(3) "Department" means the Department of Agriculture and
132	Consumer Services.
133	(4) "Specialized wrecker services" means those wrecker
134	services described in s. 508.08 for which a wrecker operator
135	must have an endorsement to perform.
136	(5) "Ultimate equitable owner" means a natural person who,
137	directly or indirectly, owns or controls 10 percent or more of
138	an ownership interest in a wrecker company, regardless of
139	whether the natural person owns or controls the ownership
140	interest through one or more natural persons or one or more
141	proxies, powers of attorney, nominees, business entities, or any
142	combination thereof.
143	(6) "Vehicle" means any mobile item, whether motorized or
144	not, which is mounted on wheels.
145	(7) "Vessel" means every description of watercraft, barge,
146	and air boat used or capable of being used as a means of
147	transportation on water, other than a seaplane or a "documented
148	vessel" as defined in s. 327.02.
149	(8) "Wrecker" has the same meaning ascribed in s. 320.01.
150	(9) "Wrecker company" means a business entity engaged for
151	hire in the business of towing, carrying, or transporting
152	vehicles, vessels, or mobile homes by wrecker upon the streets
153	and highways of this state.
154	(10) "Wrecker operator" means a person who performs
155	wrecker services.
156	(11) "Wrecker services" means towing, carrying, or
157	otherwise transporting vehicles, vessels, or mobile homes by
158	wrecker upon the streets and highways of this state for hire.
159	The term includes, but is not limited to, each of the following:
160	(a) Driving a wrecker.
161	(b) Loading, securing, and unloading a vehicle, vessel, or
162	mobile home on a wrecker using a boom, winch, car carrier, or
163	other similar equipment.
164	(c) Towing or removal of a wrecked, disabled, or abandoned
165	vehicle under the Florida Highway Patrol wrecker allocation
166	system pursuant to s. 321.051 or under a county or municipal
167	wrecker allocation system pursuant to s. 323.002.
168	(d) Towing, recovery, or removal of a vehicle, vessel, or
169	mobile home under s. 713.78.
170	(e) Towing, transportation, or removal of a vehicle or
171	vessel parked on real property without permission under s.
172	715.07.
173	(f) Recovery of a vehicle, vessel, or mobile home.
174	508.02 Wrecker Operator Advisory Council.--
175	(1) There is created within the department a Wrecker
176	Operator Advisory Council. The council shall advise and assist
177	the department in implementing this chapter.
178	(2)(a) The council is composed of six members appointed by
179	the Commissioner of Agriculture. In addition, the executive
180	director of the Professional Wrecker Operators of Florida, Inc.,
181	shall serve ex officio as a voting member of the council.
182	(b) Three members of the council must each be an ultimate
183	equitable owner of a wrecker company who has been an ultimate
184	equitable owner of that company for at least 5 years before his
185	or her appointment; one member must be a wrecker operator who is
186	not an ultimate equitable owner of a wrecker company and who has
187	been a wrecker operator for at least 5 years before his or her
188	appointment; and two members must be laypersons. Each member
189	must be a resident of this state. This paragraph expires July 1,
190	2009.
191	(c) Effective July 1, 2009, three members of the council
192	must each be an ultimate equitable owner of a wrecker company
193	registered under this chapter who has been an ultimate equitable
194	owner of that company registered for at least 5 years before his
195	or her appointment; one member must be a wrecker operator
196	certified under this chapter who is not an ultimate equitable
197	owner of a wrecker company and who has been a wrecker operator
198	certified for at least 5 years before his or her appointment;
199	and two members must be laypersons. Each member must be a
200	resident of this state.
201	(3) The term of each member of the council is 4 years,
202	except, to establish staggered terms, two members who are owners
203	of wrecker companies and one layperson shall be appointed
204	initially for a 2-year term. Members may be reappointed for
205	additional terms not to exceed 8 years of consecutive service. A
206	vacancy shall be filled for the remainder of the unexpired term
207	in the same manner as the original appointment.
208	(4)(a) From among its members, the council shall annually
209	elect a chair, who shall preside over the meetings of the
210	council, and a vice chair.
211	(b) In conducting its meetings, the council shall use
212	accepted rules of procedure. The department shall keep a
213	complete record of each meeting, which must show the names of
214	members present and the actions taken. These records and other
215	documents about matters within the jurisdiction of the council
216	must be kept on file with the department.
217	(5) The members of the council shall serve without
218	compensation but are entitled to reimbursement of travel and per
219	diem expenses under s. 112.061.
220	(6) The department shall provide administrative and staff
221	support services relating to the functions of the council.
222	(7) The council shall review the rules adopted by the
223	department to implement this chapter and shall advise the
224	department on matters relating to industry standards and
225	practices and other issues that require technical expertise and
226	consultation or that promote better consumer protection in the
227	wrecker industry.
228	508.03 Rulemaking authority.--The department may adopt
229	rules under ss. 120.536(1) and 120.54 to implement this chapter.
230	508.04 Wrecker companies; registration
231	required.--Effective January 1, 2004:
232	(1) A person may not own, operate, solicit business,
233	advertise wrecker services, or otherwise engage for hire in the
234	business of a wrecker company in this state unless that person
235	is registered with the department under this chapter.
236	(2) A person applying for or renewing a local occupational
237	license to engage for hire in the business of a wrecker company
238	must exhibit a current registration certificate from the
239	department before the local occupational license may be issued
240	or reissued under chapter 205.
241	508.05 Registration requirements; renewal of
242	registrations.--
243	(1) Each wrecker company engaged or attempting to engage
244	for hire in the business of towing, carrying, or transporting
245	vehicles, vessels, or mobile homes by wrecker upon the streets
246	and highways of this state must annually register with the
247	department on forms prescribed by the department. The
248	application for registration must include at least the following
249	information:
250	(a) The name and federal employer identification number of
251	the wrecker company.
252	(b) The mailing address, physical address, and telephone
253	number of the wrecker company's primary place of business.
254	(c) The fictitious name under which the wrecker company
255	transacts business in this state.
256	(d) The full name, residence address, business address,
257	telephone number, and social security number of the applicant.
258	If the applicant is other than a natural person, the application
259	must also contain the full name, residence address, business
260	address, telephone number, and social security number or federal
261	employer identification number, as applicable, of each ultimate
262	equitable owner of the business entity and each officer,
263	director, partner, manager, member, or managing member of the
264	entity.
265	(e) If the applicant is other than a natural person, the
266	full name of the business entity's registered agent and the
267	address of the registered office for service or process.
268	(f) The physical address and telephone number of each
269	business location and of each storage facility where the wrecker
270	company stores towed vehicles, vessels, and mobile homes.
271	(2) Each initial and renewal application for registration
272	must be accompanied by the registration fee prescribed in s.
273	508.16.
274	(3) Each initial application for registration must be
275	accompanied by a complete set of the applicant's fingerprints
276	taken by an authorized law enforcement officer. If the applicant
277	is other than a natural person, a complete set of fingerprints
278	must also be filed for each ultimate equitable owner of the
279	business entity and each officer, director, partner, manager,
280	member, or managing member of the entity. The department shall
281	submit the fingerprints to the Department of Law Enforcement for
282	state processing, and the Department of Law Enforcement shall
283	forward the fingerprints to the Federal Bureau of Investigation
284	for national processing. The applicant must also pay the cost of
285	fingerprint processing. Registration renewal applications need
286	not be accompanied by a set of the applicant's fingerprints.
287	(4) The department shall review each application in
288	accordance with s. 120.60 and shall issue a registration
289	certificate, in the form and size as prescribed by the
290	department, to each wrecker company whose application is
291	approved. The certificate must show at least the name and
292	address of the wrecker company and the registration number. The
293	registration certificate must be prominently displayed in the
294	wrecker company's primary place of business.
295	(5) Each advertisement of a wrecker company must include
296	the phrase "Fla. Wrecker Co. Reg. No. ."
297	(6) A registration is invalid for a wrecker company
298	transacting business at a place other than the location
299	designated in the registration application unless the department
300	is first notified in writing before the change of location. A
301	registration issued under this chapter is not transferable or
302	assignable, and a wrecker company may not conduct business under
303	a name other than as registered. A wrecker company desiring to
304	change its registered name, location, or registered agent for
305	service of process at a time other than upon renewal of
306	registration must notify the department of the change.
307	(7)(a) Each registration must be renewed annually on or
308	before the expiration date of the current registration. A late
309	fee of $25 must be paid, in addition to the registration fee or
310	any other penalty, for a registration renewal application that
311	is received by the department after the expiration date of the
312	current registration. The department may not issue a
313	registration until all fees are paid.
314	(b) A wrecker company whose primary place of business is
315	located within a county or municipality that requires, by local
316	ordinance, a local occupational license under chapter 205 may
317	not renew a license under this chapter unless the wrecker
318	company obtains the occupational license from the county or
319	municipality.
320	(8) Each wrecker company must provide the department with
321	evidence of current and valid insurance coverage required under
322	s. 627.7415 for each wrecker owned by the company.
323	508.06 Denial of registration.--The department may deny or
324	refuse to renew the registration of a wrecker company based upon
325	a determination that the applicant or, if the applicant is other
326	than a natural person, the wrecker company or any of its
327	ultimate equitable owners, officers, directors, partners,
328	managers, members, or managing members:
329	(1) Have not met the requirements for registration under
330	this chapter;
331	(2) Have been convicted of, found guilty of, or pled
332	guilty or nolo contendere to, regardless of the adjudication of
333	guilt, a felony within the last 10 years;
334	(3) Have been convicted of, found guilty of, or pled
335	guilty or nolo contendere to, regardless of the adjudication of
336	guilt, a crime within the last 10 years involving repossession
337	of a motor vehicle under chapter 493, repair of a motor vehicle
338	under ss. 559.901-559.9221, theft of a motor vehicle under s.
339	812.014, carjacking under s. 812.133, operation of a chop shop
340	under s. 812.16, motor vehicle parts and accessories under s.
341	860.14, airbags under s. 860.145 or s. 860.146, overcharging for
342	repairs and parts under 860.15, or the towing or storage of a
343	motor vehicle under s. 321.051, chapter 323, s. 713.78, s.
344	715.07, or this chapter;
345	(4) Have not satisfied a civil fine or penalty arising out
346	of an administrative or enforcement action brought by the
347	department, another governmental agency, or a private person
348	based upon conduct involving a violation of this chapter;
349	(5) Have pending against him or her a criminal,
350	administrative, or enforcement proceeding in any jurisdiction
351	based upon conduct involving a violation of this chapter; or
352	(6) Have a judgment entered against him or her in an
353	action brought by the department under this chapter.
354	508.07 Wrecker operator certification program.--
355	(1) The department, in consultation with the advice of the
356	council, shall establish a wrecker operator certification
357	program by December 31, 2003. Under this program, the department
358	shall approve wrecker operator certification courses conducted
359	by approved organizations. The department shall prescribe the
360	minimum curricula for these courses, which must comprise at
361	least 16 hours, equally apportioned between theoretical
362	instruction and practical training. The department must approve
363	each organization and its certification course before the course
364	is accepted for certification of wrecker operators under this
365	chapter.
366	(2) Each approved wrecker operator certification course
367	must include a certification examination demonstrating a wrecker
368	operator's knowledge, skills, and abilities in performing
369	wrecker services and in the instruction and training of the
370	certification course. The department must approve each
371	certification examination before the examination is accepted for
372	certification of wrecker operators under this chapter.
373	(3) Each organization conducting an approved wrecker
374	operator certification course must issue on forms prescribed by
375	the department a certificate to each wrecker operator who
376	completes the approved certification course or who passes the
377	approved certification examination.
378	508.08 Specialized wrecker services.--
379	(1) In addition to the minimum curricula for certification
380	of wrecker operators, each approved certification course must
381	offer optional instruction, training, and examination of wrecker
382	operators for each of the following specialized wrecker
383	services:
384	(a) Light duty.--Towing and winching a passenger vehicle,
385	and uprighting such an overturned vehicle, including the proper
386	use of chains, wire rope, and straps.
387	(b) Medium duty.--Towing and winching a medium-sized
388	commercial vehicle, and uprighting such an overturned vehicle.
389	(c) Heavy duty.--Towing and winching a standard large-
390	sized commercial vehicle, and uprighting such an overturned
391	vehicle.
392	(d) Ultra-heavy duty.--Towing and winching a specialty
393	large-sized commercial vehicle or another complex vehicle, and
394	uprighting such an overturned vehicle.
395	(e) Rollback wrecker.--Proper loading, securing,
396	transporting, and unloading of a vehicle on a flatbed-rollback
397	wrecker.
398	(f) Hazardous materials.--Awareness of hazardous
399	materials. Instruction and training for this wrecker service
400	must comprise at least 8 hours in order to be approved.
401	(g) Air cushions.--Proper use of air cushions in the
402	recovery of a heavy-duty vehicle.
403	(2) The department shall adopt rules prescribing specific
404	standards to further define each of the specialized wrecker
405	services described in subsection (1). The department must
406	approve the instruction, training, and examination for a
407	specialized wrecker service before the specialized wrecker
408	service is accepted for endorsement of a wrecker operator's
409	certification under this chapter.
410	(3) Each organization conducting an approved wrecker
411	operator certification course must issue on forms prescribed by
412	the department a certificate to each wrecker operator who
413	completes the approved instruction and training for a
414	specialized wrecker service or who passes the approved
415	endorsement examination for that specialized wrecker service.
416	508.09 Certification cards.--
417	(1) Each organization conducting an approved wrecker
418	operator certification course must issue a certification card to
419	each wrecker operator who completes the approved certification
420	course and passes the approved certification examination. The
421	department must approve the form of the certification cards
422	issued by each organization. Each certification card must
423	include the wrecker operator's name, a color photograph or
424	digital image of the wrecker operator, and the expiration date
425	of the certification card.
426	(2) Each certification card must also include the wrecker
427	operator's applicable endorsements for specialized wrecker
428	services, for which the wrecker operator completed the approved
429	instruction and training for the specialized wrecker service and
430	passed the approved endorsement examination for that specialized
431	wrecker service.
432	(3) The department may adopt rules governing the issuance
433	of a certification card to a wrecker operator who:
434	(a) Completes a certification course and passes a
435	certification examination in another state which are
436	substantially equivalent to the approved certification courses
437	and approved certification examinations in this state.
438	(b) Completed a certification course and passed a
439	certification examination in this state between January 1, 1999,
440	and December 31, 2003, which are substantially equivalent to the
441	approved certification courses and the approved certification
442	examinations. This paragraph expires July 1, 2004.
443	(c) Completed instruction and training for a specialized
444	wrecker service and passed an endorsement examination for that
445	specialized wrecker service between January 1, 1999, and
446	December 31, 2003, which are substantially equivalent to the
447	approved instruction and training and the approved endorsement
448	examinations. This paragraph expires July 1, 2004.
449	(4) Each certification card expires 5 years after the date
450	of issuance.
451	(5) Certification cards shall be issued by the
452	organizations conducting approved wrecker operator certification
453	courses. The department is not responsible for issuing
454	certification cards or for the costs associated with the
455	issuance of certification cards.
456	508.10 Wrecker operators; certification required;
457	inspection of employment records.--Effective January 1, 2004:
458	(1) A person may not perform wrecker services in this
459	state unless he or she is an employee or ultimate equitable
460	owner of a wrecker company that is registered with the
461	department under this chapter and those wrecker services are
462	performed on behalf of the wrecker company.
463	(2)(a) A person may not perform wrecker services or
464	specialized wrecker services for a wrecker company for more than
465	6 months after first being employed by, or becoming an ultimate
466	equitable owner of, the wrecker company without being certified
467	as a wrecker operator under this chapter.
468	(b) A wrecker operator certified under this chapter may
469	not perform a specialized wrecker service for a wrecker company
470	unless the wrecker operator's certification includes an
471	endorsement for that specialized wrecker service.
472	(3) The department may inspect the employment records of
473	any wrecker company in this state to ensure compliance with this
474	section. It is a violation of this chapter when a wrecker
475	company fails or refuses to maintain records or to produce
476	records when required in a reasonable manner and at a reasonable
477	time.
478	508.11 Renewal of certifications; continuing education
479	requirements.--The department may prescribe by rule continuing
480	education requirements of up to 8 hours for the renewal of a
481	wrecker operator's certification.
482	508.12 Prohibited acts.--It is a violation of this chapter
483	for a wrecker company, its wrecker operators, or other employees
484	or agents of the wrecker company:
485	(1) To charge rates that exceed the maximum rates imposed
486	by the ordinances of the respective county or municipality under
487	ss. 125.0103(1)(c) and 166.043(1)(c).
488	(2) To violate s. 321.051, relating to the Florida Highway
489	Patrol wrecker allocation system.
490	(3) To violate s. 323.002, relating to county and
491	municipal wrecker allocation systems.
492	(4) To violate s. 713.78, relating to liens for
493	recovering, towing, or storing vehicles and vessels.
494	(5) To violate s. 715.07, relating to towing or removing
495	vehicles and vessels parked on real property without permission.
496	(6) To refuse to allow a law enforcement officer to
497	inspect a towing and storage facility, as required in s.
498	812.055.
499	(7) To allow a person who is not certified as a wrecker
500	operator under this chapter to perform wrecker services or
501	specialized wrecker services for the wrecker company for more
502	than 6 months after first being employed by, or becoming an
503	ultimate equitable owner of, the wrecker company.
504	(8) To allow a wrecker operator certified under this
505	chapter to perform a specialized wrecker service for the wrecker
506	company if the wrecker operator's certification does not include
507	an endorsement for that specialized wrecker service.
508	(9) To perform an act otherwise prohibited by this chapter
509	or fail to perform an act otherwise required by this chapter.
510	508.13 Administrative penalties; inspection of records.--
511	(1) The department may enter an order doing one or more of
512	the following if the department finds that a wrecker company
513	violates this chapter or the rules or orders issued under this
514	chapter:
515	(a) Issuing a notice of noncompliance under s. 120.695.
516	(b) Imposing an administrative fine not to exceed $5,000
517	for each act or omission.
518	(c) Directing the wrecker company to cease and desist
519	specified activities.
520	(d) Refusing to register the wrecker company or suspending
521	or revoking the wrecker company's registration.
522	(e) Placing the wrecker company on probation for a period
523	of time, subject to the conditions specified by the department.
524	(2) Chapter 120 governs an administrative proceeding
525	resulting from an order imposing a penalty specified in
526	subsection (1).
527	508.14 Civil penalties.--The department may bring a civil
528	action in a court of competent jurisdiction to recover any
529	penalties or damages allowed in this chapter and for injunctive
530	relief to enforce compliance with this chapter. The department
531	may seek a civil penalty of up to $5,000 for each violation of
532	this chapter and may seek restitution for and on behalf of any
533	owner of a vehicle, vessel, or mobile home who is aggrieved or
534	injured by a violation of this chapter.
535	508.15 Criminal penalties.--Effective July 1, 2004:
536	(1) A person who violates s. 508.04(1) by operating a
537	wrecker company in this state without being registered with the
538	department under this chapter commits a felony of the third
539	degree, punishable as provided in s. 775.082, s. 775.083, or s.
540	775.084.
541	(2) A person who violates s. 508.10(1) by performing
542	wrecker services in this state without being an employee or
543	ultimate equitable owner of a wrecker company that is registered
544	with the department under this chapter commits a felony of the
545	third degree, punishable as provided in s. 775.082, s. 775.083,
546	or s. 775.084.
547	508.16 Fees.--The department shall adopt by rule a fee
548	schedule for the following fees:
549	(1) Wrecker company registration fee.
550	(2) Wrecker company registration renewal fee.
551	508.17 General Inspection Trust Fund; payments.--All fees,
552	penalties, or other funds collected by the department under this
553	chapter must be deposited in the General Inspection Trust Fund
554	and may only be used for the purpose of implementing this
555	chapter.
556	508.18 Recovery agents; exemption.--This chapter does not
557	apply to a person licensed under chapter 493 performing
558	repossession services.
559	508.19 County and municipal ordinances.--A county or
560	municipality may enact ordinances governing the business of
561	transporting vehicles or vessels by wrecker which are more
562	restrictive than this chapter. This section does not limit the
563	authority of a political subdivision to levy occupational
564	license taxes under chapter 205.
565	Section 2. Effective January 1, 2004, section 205.1975,
566	Florida Statutes, is created to read:
567	205.1975 Wrecker companies; consumer protection.--A county
568	or municipality may not issue or renew an occupational license
569	for the operation of a wrecker company under chapter 508, unless
570	the wrecker company exhibits a current registration from the
571	Department of Agriculture and Consumer Services.
572	Section 3. Subsection (1) of section 316.605, Florida
573	Statutes, is amended to read:
574	316.605 Licensing of vehicles.--
575	(1) Every vehicle, at all times while driven, stopped, or
576	parked upon any highways, roads, or streets of this state, shall
577	be licensed in the name of the owner thereof in accordance with
578	the laws of this state unless such vehicle is not required by
579	the laws of this state to be licensed in this state and shall,
580	except as otherwise provided in s. 320.0706 for front-end
581	registration license plates on truck tractors or wreckers,
582	display the license plate or both of the license plates assigned
583	to it by the state, one on the rear and, if two, the other on
584	the front of the vehicle, each to be securely fastened to the
585	vehicle outside the main body of the vehicle in such manner as
586	to prevent the plates from swinging, with all letters, numerals,
587	printing, writing, and other identification marks upon the
588	plates clear and distinct and free from defacement, mutilation,
589	grease, and other obscuring matter, so that they will be plainly
590	visible and legible at all times 100 feet from the rear or
591	front. When only one license plate is issued for a motor vehicle
592	and that motor vehicle has a mechanical loading device that may
593	damage the plate, the plate may be attached to the front of the
594	vehicle.Nothing shall be placed upon the face of a Florida
595	plate except as permitted by law or by rule or regulation of a
596	governmental agency. No license plates other than those
597	furnished by the state shall be used. However, if the vehicle is
598	not required to be licensed in this state, the license plates on
599	such vehicle issued by another state, by a territory,
600	possession, or district of the United States, or by a foreign
601	country, substantially complying with the provisions hereof,
602	shall be considered as complying with this chapter. Government
603	license plates issued to any truck tractor or heavy truck owned
604	by a government entity with a gross vehicle weight of 26,001
605	pounds or more may be placed on the front of the vehicle to
606	comply with this chapter.A violation of this subsection is a
607	noncriminal traffic infraction, punishable as a nonmoving
608	violation as provided in chapter 318.
609	Section 4. Section 320.0706, Florida Statutes, is amended
610	to read:
611	320.0706 Display of license plates on trucks.--The owner
612	of any commercial truck of gross vehicle weight of 26,001 pounds
613	or more shall display the registration license plate on both the
614	front and rear of the truck in conformance with all the
615	requirements of s. 316.605 that do not conflict with this
616	section. However, the owner of a truck tractor mustshall be
617	required todisplay the registration license plate only on the
618	front of such vehicle, and the owner of a wrecker must display
619	the registration license plate only on the rear of such vehicle.
620	Section 5. Subsection (1) of section 320.0821, Florida
621	Statutes, is amended, and subsection (5) is added to said
622	section, to read:
623	320.0821 Wrecker license plates.--
624	(1) The department shall issue oneawrecker license
625	plate, regardless of gross vehicle weight,to the owner of any
626	motor vehicle that is used to tow, carry, or otherwise transport
627	motor vehicles and that is equipped for that purpose with a
628	boom, winch, carrier, or other similar equipment, except a motor
629	vehicle registered under the International Registration Plan,
630	upon application and payment of the appropriate license tax and
631	fees in accordance with s. 320.08(5)(d) or (e).
632	(5) A wrecker license plate must be displayed on the rear
633	of such vehicle.
634	Section 6. Effective January 1, 2004, subsection (1) of
635	section 320.0821, Florida Statutes, as amended by this act, is
636	amended to read:
637	320.0821 Wrecker license plates.--
638	(1) The department shall issue one wrecker license plate,
639	regardless of gross vehicle weight, to the owner of a wrecker
640	any motor vehicle that is used to tow, carry, or otherwise
641	transport motor vehicles and that is equipped for that purpose
642	with a boom, winch, carrier, or other similar equipment, except
643	a motor vehicle registered under the International Registration
644	Plan,upon application and payment of the appropriate license
645	tax and fees in accordance with s. 320.08(5)(d) or (e). The
646	department may only issue or renew a wrecker license plate if
647	the owner of the wrecker is a wrecker company registered under
648	chapter 508. This section does not apply to a motor vehicle
649	registered under the International Registration Plan.
650	Section 7. Effective January 1, 2004, section 321.051,
651	Florida Statutes, is amended to read:
652	321.051 Florida Highway Patrol wrecker allocationoperator
653	system; penalties for operation outside of system.--
654	(1) As used in this section, the term:
655	(a) "Authorized wrecker companyoperator" means aany
656	wrecker companyoperator who has been designated by the division
657	of Florida Highway Patrol as part of itsthe wrecker allocation
658	operatorsystem.
659	(b) "Division" means the Division of the Florida Highway
660	Patrol within the Department of Highway Safety and Motor
661	Vehicles.
662	(c)(b) "Unauthorized wrecker companyoperator" means aany
663	wrecker companyoperator who has not beendesignated by the
664	division as part of itsthe wrecker allocationoperatorsystem.
665	(d) "Wrecker company" has the same meaning ascribed in s.
666	508.01.
667	(e) "Wrecker operator" has the same meaning ascribed in s.
668	508.01.
669	(f) "Wrecker services" has the same meaning ascribed in s.
670	508.01.
671	(2)(a) The division mayof Florida Highway Patrol of the
672	Department of Highway Safety and Motor Vehicles is authorized to
673	establish within areas designated by the divisionpatrola
674	wrecker allocationoperatorsystem using qualified, reputable
675	wrecker companiesoperators for theremoval and storage of
676	wrecked or disabled vehicles from a crash scenesscene or for
677	theremoval and storage of abandoned vehicles, in the event the
678	owner or operator is incapacitated or unavailable or leaves the
679	procurement of wrecker servicesserviceto the officer at the
680	scene.
681	(b) The wrecker allocation system may only use wrecker
682	companies registered under chapter 508. EachAllreputable
683	wrecker company registered under chapter 508 isoperators shall
684	be eligible for use in the system if itsprovided their
685	equipment and wrecker operatorsdrivers meet therecognized
686	safety qualifications and mechanical standards set by rules of
687	the division of Florida Highway Patrol for the size of vehicle
688	they areit is designed to handle. The division mayis
689	authorized to limit the number of wrecker companiesoperators
690	participating in the wrecker allocationoperator system, which
691	authority shall not affect wrecker operators currently
692	participating in the system established by this section.
693	(c) The division mayis authorized toestablish maximum
694	rates for the towing and storage of vehicles removed at the
695	division's request, if thosewhere such rates arehave not
696	establishedbeen set by a county or municipality underpursuant
697	to s. 125.0103 or s. 166.043. Such rates areshall not be
698	consideredrules for the purpose of chapter 120; however, the
699	Department of Highway Safety and Motor Vehicles shall adopt
700	rules prescribing the proceduresestablish by rule a procedure
701	for setting thesuchrates.
702	(d) NotwithstandingAny provision in chapter 120 to the
703	contrary notwithstanding, a final order of the department
704	denying, suspending, or revoking a wrecker company'soperator's
705	participation in the wrecker allocation system may only be
706	appealedshall be reviewablein the manner and within the time
707	provided by the Florida Rules of Appellate Procedure onlyby a
708	writ of certiorari issued by the circuit court in the county in
709	which thewherein such wrecker company's primary place of
710	business is located, as evidenced by the wrecker company's
711	registration under chapter 508operator resides.
712	(3)(a) It is unlawful for An unauthorized wrecker company,
713	its wrecker operators,operator or its employees or agents may
714	nottomonitor police radio for communications between patrol
715	field units and the dispatcher in order to determine the
716	location of a wrecked or disabled vehicle for the purpose of
717	dispatching its wrecker operator to drivedrivingby the scene
718	of thesuchvehicle in a manner described in paragraph (b) or
719	paragraph (c). Any person who violates this paragraph commitsis
720	guilty ofa noncriminal violation, punishable as provided in s.
721	775.083.
722	(b) A wrecker operator dispatched byIt is unlawful foran
723	unauthorized wrecker company may notoperator todrive by the
724	scene of a wrecked or disabled vehicle before the arrival of the
725	authorized wrecker operator dispatched by the authorized wrecker
726	company, initiate contact with the owner or operator of thesuch
727	vehicle by soliciting or offering wreckertowingservices, and
728	tow thesuch vehicle. Any person who violates this paragraph
729	commitsis guilty ofa misdemeanor of the second degree,
730	punishable as provided in s. 775.082 or s. 775.083.
731	(c) When a wrecker operator dispatched byan unauthorized
732	wrecker companyoperatordrives by the scene of a wrecked or
733	disabled vehicle and the owner or operator initiates contact by
734	signaling the wrecker operator to stop and provide wrecker
735	towing services, the unauthorizedwrecker operator must disclose
736	to the owner or operator of the vehicle that he or she was not
737	dispatched by theis not an authorized wrecker companyoperator
738	who has been designated as part of the wrecker allocation
739	operatorsystem and must disclose, in writing, what charges for
740	towing and storage will apply before the vehicle is connected to
741	the towing apparatus. Any person who violates this paragraph
742	commitsis guilty ofa misdemeanor of the second degree,
743	punishable as provided in s. 775.082 or s. 775.083.
744	(d) At the scene of a wrecked or disabled vehicle, it is
745	unlawful for A wrecker operator may nottofalsely identify
746	himself or herself as being part of, or as being employed by a
747	wrecker company that is part of, the wrecker allocationoperator
748	system at the scene of a wrecked or disabled vehicle. Any person
749	who violates this paragraph commitsis guilty ofa misdemeanor
750	of the first degree, punishable as provided in s. 775.082 or s.
751	775.083.
752	(4) This section does not prohibit, or in any way prevent,
753	the owner or operator of a vehicle involved in a crash or
754	otherwise disabled from contacting any wrecker companyoperator
755	for the provision of wreckertowing services, regardless of
756	whether the wrecker companyoperator is an authorized wrecker
757	companyoperator or not. However, if a law enforcement officer
758	determines that the disabled vehicle or vehicle cargo is a
759	public safety hazard, the officer may, in the interest of public
760	safety, dispatch an authorized wrecker company if the officer
761	believes that the authorized wrecker company would arrive at the
762	scene before the wrecker company requested by the owner or
763	operator of the disabled vehicle or vehicle cargo.
764	(5) A law enforcement officer may dispatch an authorized
765	wrecker company out of rotation to the scene of a wrecked or
766	disabled vehicle if the authorized wrecker company next on
767	rotation is not equipped to provide the required wrecker
768	services and the out-of-rotation authorized wrecker company is
769	available with the required equipment. This subsection does not
770	prohibit or prevent the owner or operator of a vehicle involved
771	in a crash or otherwise disabled from contacting any wrecker
772	company who is properly equipped to provide the required wrecker
773	services, regardless of whether the wrecker company is an
774	authorized wrecker company or not. However, if a law enforcement
775	officer determines that the wrecked or disabled vehicle is a
776	public safety hazard, the officer may dispatch an authorized
777	wrecker company if the officer believes that the authorized
778	wrecker company would arrive at the scene before the wrecker
779	company requested by the owner.
780	Section 8. Effective January 1, 2004, section 323.001,
781	Florida Statutes, is amended to read:
782	323.001 Wrecker companyoperatorstorage facilities;
783	vehicle holds.--
784	(1) As used in this section, the term:
785	(a) "Business day" means a day other than a Saturday,
786	Sunday, or federal or state legal holiday.
787	(b) "Wrecker company" has the same meaning ascribed in s.
788	508.01.
789	(2)(1)A law enforcementAn investigatingagency may place
790	a hold on a motor vehicle stored within a wrecker company's
791	operator's storage facility for a period not to exceed 5
792	business days, thereby preventing a motor vehicle from being
793	released to its ownerexcluding holidays and weekends, unless
794	extended in writing.
795	(3)(2)To extend a hold, the law enforcementinvestigating
796	agency must notify the wrecker companyoperatorin writing
797	within the 5 business days, excluding holidays and weekends,
798	whether the hold is to be continued. If no notification is not
799	made within the 5 business daysfollows this period of time, the
800	wrecker company mustoperator mayrelease the vehicle to the
801	designated person underpursuant tos. 713.78.
802	(a) If the hold is extendedto continue beyond the 5
803	business days, excluding holidays and weekends, the law
804	enforcementinvestigatingagency may have the vehicle removed to
805	a designated impound lot, in which event the vehicle maywill
806	not be released by the law enforcementinvestigatingagency to
807	the owner or lienholder of the vehicle until proof of payment of
808	the towing and storage charges incurred by the wrecker company
809	operator is presented to the law enforcementinvestigating
810	agency.
811	(b) If the law enforcementinvestigatingagency chooses to
812	have the vehicle remain at the wrecker company'soperator's
813	storage facility for more thanbeyond 5 business days, under
814	excluding holidays and weekends, pursuant tothe written
815	notification, the law enforcementinvestigating agency isshall
816	beresponsible for payment of the storage charges incurred by
817	the wrecker companyoperatorfor the requested extended period.
818	In such an event, the owner or lienholder isshall be
819	responsible for payment of accrued towing and storage charges
820	for the first 5 business days, excluding holidays and weekends,
821	or any period less than the first 5 business days, excluding
822	holidays and weekends, when the law enforcementinvestigating
823	agency either moves the vehicle from the wrecker company's
824	operator'sstorage facility to a designated impound lot or
825	provides written notification to extend the hold on the vehicle
826	beforeprior to the expiration of the 5 business days, excluding
827	holidays and weekends.
828	(c) The towing and storage rates for the owner or
829	lienholder of the held vehicle mayshallnot exceed the rates
830	for the law enforcementinvestigatingagency.
831	(4)(3)If there is a judicial finding of no probable cause
832	for having continued the immobilization or impoundment, the law
833	enforcementinvestigatingagency ordering the hold must pay the
834	accrued charges for any towing and storage.
835	(5)(4)The requirements for a written hold apply when the
836	following conditions are present:
837	(a) The law enforcementofficer has probable cause to
838	believe the vehicle should be seized and forfeited under the
839	Florida Contraband Forfeiture Act, ss. 932.701-932.707;
840	(b) The law enforcementofficer has probable cause to
841	believe the vehicle should be seized and forfeited under chapter
842	370 or chapter 372;
843	(c) The law enforcementofficer has probable cause to
844	believe the vehicle was used as the means of committing a crime;
845	(d) The law enforcementofficer has probable cause to
846	believe that the vehicle is itself evidence that tends to show
847	that a crime has been committed or that the vehicle contains
848	evidence, which cannot readily be removed, which tends to show
849	that a crime has been committed;
850	(e) The law enforcementofficer has probable cause to
851	believe the vehicle was involved in a traffic accident resulting
852	in death or personal injury and should be sealed for
853	investigation and collection of evidence by a vehicular homicide
854	investigator;
855	(f) The vehicle is impounded or immobilized underpursuant
856	tos. 316.193 or s. 322.34; or
857	(g) The law enforcementofficer is complying with a court
858	order.
859	(6)(5)The hold must be in writing and must specify:
860	(a) The name and agency of the law enforcement officer
861	placing the hold on the vehicle;
862	(b) The date and time the hold is placed on the vehicle;
863	(c) A general description of the vehicle, including its
864	color, make, model, body style, and year; VIN (Vehicle
865	Identification Number); registration license plate number,
866	state, and year; and validation sticker number, state, and year;
867	(d) The specific reason for placing the hold;
868	(e) The condition of the vehicle;
869	(f) The location where the vehicle is being held; and
870	(g) The name, address, and telephone number of the wrecker
871	companyoperatorand the storage facility.
872	(7)(6) A wrecker company'soperator'sstorage facility
873	must comply with a hold placed by a law enforcement officer,
874	including instructions for inside or outside storage. A wrecker
875	company'soperator'sstorage facility may not release a motor
876	vehicle subject to a hold to any person except as directed by
877	the law enforcement agency placing the hold.
878	(8)(7)When a vehicle owner is found guilty of, or pleads
879	nolo contendere to, the offense that resulted in a hold being
880	placed on his or her vehicle, regardless of the adjudication of
881	guilt, the owner must pay the accrued towing and storage charges
882	assessed against the vehicle.
883	Section 9. Effective January 1, 2004, section 323.002,
884	Florida Statutes, is amended to read:
885	323.002 County and municipal wrecker allocationoperator
886	systems; penalties for operation outside of system.--
887	(1) As used in this section, the term:
888	(a) "Authorized wrecker companyoperator " means aany
889	wrecker companyoperator who has beendesignated as part of the
890	wrecker allocationoperatorsystem established by the
891	governmental unit having jurisdiction over the scene of a
892	wrecked or disabled vehicle.
893	(b) "Unauthorized wrecker companyoperator" means aany
894	wrecker companyoperator who has not beendesignated as part of
895	the wrecker allocationoperatorsystem established by the
896	governmental unit having jurisdiction over the scene of a
897	wrecked or disabled vehicle.
898	(c) "Wrecker allocationoperatorsystem" means a system
899	for the towing or removal of wrecked, disabled, or abandoned
900	vehicles, similar to the Florida Highway Patrol wrecker
901	allocationoperatorsystem described in s. 321.051(2), under
902	which a county or municipality contracts with one or more
903	wrecker companies registered under chapter 508operatorsfor the
904	towing or removal of wrecked, disabled, or abandoned vehicles
905	from accident scenes, streets, or highways. EachA wrecker
906	allocationoperator system must useshall include using a method
907	offorapportioning the towing assignments among the eligible
908	wrecker companiesoperatorsthrough the creation of geographic
909	zones, a rotation schedule, or a combination of these methods.
910	(d) "Wrecker company" has the same meaning ascribed in s.
911	508.01.
912	(e) "Wrecker operator" has the same meaning ascribed in s.
913	508.01.
914	(f) "Wrecker services" has the same meaning ascribed in s.
915	508.01.
916	(2) In aanycounty or municipality that operates a
917	wrecker allocationoperatorsystem:
918	(a) The wrecker allocation system may only use wrecker
919	companies registered under chapter 508.
920	(b)(a)It is unlawful for An unauthorized wrecker company,
921	its wrecker operators,operator or its other employees or agents
922	may nottomonitor police radio for communications between
923	patrol field units and the dispatcher in order to determine the
924	location of a wrecked or disabled vehicle for the purpose of
925	dispatching its wrecker operator to drivedrivingby the scene
926	of thesuch vehicle in a manner described in paragraph (c)(b)or
927	paragraph (d)(c). Any person who violates this paragraph commits
928	is guilty ofa noncriminal violation, punishable as provided in
929	s. 775.083.
930	(c)(b) It is unlawful forA wrecker operator dispatched by
931	an unauthorized wrecker company may notoperator todrive by the
932	scene of a wrecked or disabled vehicle before the arrival of the
933	wrecker operator dispatched by thean authorized wrecker company
934	operator, initiate contact with the owner or operator of the
935	such vehicle by soliciting or offering wreckertowingservices,
936	and tow thesuch vehicle. Any person who violates this paragraph
937	commitsis guilty ofa misdemeanor of the second degree,
938	punishable as provided in s. 775.082 or s. 775.083.
939	(d)(c) When a wrecker operator dispatched byan
940	unauthorized wrecker companyoperatordrives by the scene of a
941	wrecked or disabled vehicle and the owner or operator initiates
942	contact by signaling the wrecker operator to stop and provide
943	wreckertowing services, the unauthorizedwrecker operator must
944	disclose to the owner or operator of the vehicle that he or she
945	wasis not dispatched by the authorized wrecker companyoperator
946	who has been designated as part of the wrecker allocation
947	operatorsystem and must disclose, in writing, what charges for
948	towing and storage will apply before the vehicle is connected to
949	the towing apparatus. Any person who violates this paragraph
950	commitsis guilty ofa misdemeanor of the second degree,
951	punishable as provided in s. 775.082 or s. 775.083.
952	(e)(d) At the scene of a wrecked or disabled vehicle, it
953	is unlawful for A wrecker operator may nottofalsely identify
954	himself or herself as being part of, or as being employed by a
955	wrecker company that is part of, the wrecker allocationoperator
956	system at the scene of a wrecked or disabled vehicle. Any person
957	who violates this paragraph commitsis guilty ofa misdemeanor
958	of the first degree, punishable as provided in s. 775.082 or s.
959	775.083.
960	(3) This section does not prohibit, or in any way prevent,
961	the owner or operator of a vehicle involved in a crashan
962	accident or otherwise disabled from contacting any wrecker
963	companyoperator for the provision of wreckertowing services,
964	regardless of whether the wrecker companyoperatoris an
965	authorized wrecker companyoperator or not. However, if a law
966	enforcement officer determines that the disabled vehicle or
967	vehicle cargo is a public safety hazard, the officer may, in the
968	interest of public safety, dispatch an authorized wrecker
969	company if the officer believes that the authorized wrecker
970	company would arrive at the scene before the wrecker company
971	requested by the owner or operator of the disabled vehicle or
972	vehicle cargo.
973	(4) A law enforcement officer may dispatch an authorized
974	wrecker company out of rotation to the scene of a wrecked or
975	disabled vehicle if the authorized wrecker company next on
976	rotation is not equipped to provide the required wrecker
977	services and the out-of-rotation authorized wrecker company is
978	available with the required equipment. This subsection does not
979	prohibit or prevent the owner or operator of a vehicle involved
980	in a crash or otherwise disabled from contacting any wrecker
981	company who is properly equipped to provide the required wrecker
982	services, regardless of whether the wrecker company is an
983	authorized wrecker company or not. However, if a law enforcement
984	officer determines that the wrecked or disabled vehicle is a
985	public safety hazard, the officer may dispatch an authorized
986	wrecker company if the officer believes that the authorized
987	wrecker company would arrive at the scene before the wrecker
988	company requested by the owner or operator.
989	Section 10. Subsection (13) of section 713.78, Florida
990	Statutes, is amended to read:
991	713.78 Liens for recovering, towing, or storing vehicles
992	and vessels.--
993	(13)(a) Upon receipt by the Department of Highway Safety
994	and Motor Vehicles of written notice from a wrecker operator who
995	claims a wrecker operator's lien under paragraph (2)(c) or
996	paragraph (2)(d) for recovery, towing, or storage of an
997	abandoned vehicle, vessel, or mobile home upon instructions from
998	any law enforcement agency, for which a certificate of
999	destruction has been issued under subsection (11), the
1000	department shall place the name of the registered owner of that
1001	vehicle, vessel, or mobile home on the list of those persons who
1002	may not be issued a license plate or revalidation sticker for
1003	any motor vehicle under s. 320.03(8). If the vehicle, vessel, or
1004	mobile home is owned jointly by more than one person, the name
1005	of each registered owner shall be placed on the list. The notice
1006	of wrecker operator's lien shall be submitted on forms provided
1007	by the department, which must include:
1008	1. The name, address, and telephone number of the wrecker
1009	operator.
1010	2. The name of the registered owner of the vehicle,
1011	vessel, or mobile home and the address to which the wrecker
1012	operator provided notice of the lien to the registered owner
1013	under subsection (4).
1014	3. A general description of the vehicle, vessel, or mobile
1015	home, including its color, make, model, body style, and year.
1016	4. The vehicle identification number (VIN); registration
1017	license plate number, state, and year; validation decal number,
1018	state, and year; mobile home sticker number, state, and year;
1019	vessel registration number; hull identification number; or other
1020	identification number, as applicable.
1021	5. The name of the person or the corresponding law
1022	enforcement agency that requested that the vehicle, vessel, or
1023	mobile home be recovered, towed, or stored.
1024	6. The amount of the wrecker operator's lien, not to
1025	exceed the amount allowed by paragraph (b).
1026	(b) For purposes of this subsection only, the amount of
1027	the wrecker operator's lien for which the department will
1028	prevent issuance of a license plate or revalidation sticker may
1029	not exceed the amount of the charges for recovery, towing, and
1030	storage of the vehicle, vessel, or mobile home for 7 days. These
1031	charges may not exceed the maximum rates imposed by the
1032	ordinances of the respective county or municipality under ss.
1033	125.0103(1)(c) and 166.043(1)(c). This paragraph does not limit
1034	the amount of a wrecker operator's lien claimed under subsection
1035	(2) or prevent a wrecker operator from seeking civil remedies
1036	for enforcement of the entire amount of the lien, but limits
1037	only that portion of the lien for which the department will
1038	prevent issuance of a license plate or revalidation sticker.
1039	(c)1. The registered owner of a vehicle, vessel, or mobile
1040	home may dispute a wrecker operator's lien, by notifying the
1041	department of the dispute in writing on forms provided by the
1042	department, if at least one of the following applies:
1043	a. The registered owner presents a notarized bill of sale
1044	proving that the vehicle, vessel, or mobile home was sold in a
1045	private or casual sale before the vehicle, vessel, or mobile
1046	home was recovered, towed, or stored.
1047	b. The registered owner presents proof that the Florida
1048	certificate of title of the vehicle, vessel, or mobile home was
1049	sold to a licensed dealer as defined in s. 319.001 before the
1050	vehicle, vessel, or mobile home was recovered, towed, or stored.
1051	c. The records of the department were marked to indicate
1052	the vehicle, vessel, or mobile home was sold before the issuance
1053	of the certificate of destruction under subsection (11).
1054
1055	If the registered owner's dispute of a wrecker operator's lien
1056	complies with one of these criteria, the department shall
1057	immediately remove the registered owner's name from the list of
1058	those persons who may not be issued a license plate or
1059	revalidation sticker for any motor vehicle under s. 320.03(8),
1060	thereby allowing issuance of a license plate or revalidation
1061	sticker. If the vehicle, vessel, or mobile home is owned jointly
1062	by more than one person, each registered owner must dispute the
1063	wrecker operator's lien in order to be removed from the list.
1064	However, the department shall deny any dispute and maintain the
1065	registered owner's name on the list of those persons who may not
1066	be issued a license plate or revalidation sticker for any motor
1067	vehicle under s. 320.03(8) if the wrecker operator has provided
1068	the department with a certified copy of the judgment of a court
1069	which orders the registered owner to pay the wrecker operator's
1070	lien claimed under this section. In such a case, the amount of
1071	the wrecker operator's lien allowed by paragraph (b) may be
1072	increased to include no more than $500 of the reasonable costs
1073	and attorney's fees incurred in obtaining the judgment. The
1074	department's action under this subparagraph is ministerial in
1075	nature, shall not be considered final agency action, and may be
1076	appealedis appealableonly to the county court for the county
1077	in which the vehicle, vessel, or mobile home was ordered
1078	removed.
1079	2. A person against whom a wrecker operator's lien has
1080	been imposed may alternatively obtain a discharge of the lien by
1081	filing a complaint, challenging the validity of the lien or the
1082	amount thereof, in the county court of the county in which the
1083	vehicle, vessel, or mobile home was ordered removed. Upon filing
1084	of the complaint, the person may have her or his name removed
1085	from the list of those persons who may not be issued a license
1086	plate or revalidation sticker for any motor vehicle under s.
1087	320.03(8), thereby allowing issuance of a license plate or
1088	revalidation sticker, upon posting with the court a cash or
1089	surety bond or other adequate security equal to the amount of
1090	the wrecker operator's lien to ensure the payment of such lien
1091	in the event she or he does not prevail. Upon the posting of the
1092	bond and the payment of the applicable fee set forth in s.
1093	28.24, the clerk of the court shall issue a certificate
1094	notifying the department of the posting of the bond and
1095	directing the department to release the wrecker operator's lien.
1096	Upon determining the respective rights of the parties, the court
1097	may award damages and costs in favor of the prevailing party.
1098	3. If a person against whom a wrecker operator's lien has
1099	been imposed does not object to the lien, but cannot discharge
1100	the lien by payment because the wrecker operator has moved or
1101	gone out of business, the person may have her or his name
1102	removed from the list of those persons who may not be issued a
1103	license plate or revalidation sticker for any motor vehicle
1104	under s. 320.03(8), thereby allowing issuance of a license plate
1105	or revalidation sticker, upon posting with the clerk of court in
1106	the county in which the vehicle, vessel, or mobile home was
1107	ordered removed, a cash or surety bond or other adequate
1108	security equal to the amount of the wrecker operator's lien.
1109	Upon the posting of the bond and the payment of the application
1110	fee set forth in s. 28.24, the clerk of the court shall issue a
1111	certificate notifying the department of the posting of the bond
1112	and directing the department to release the wrecker operator's
1113	lien. The department shall mail to the wrecker operator, at the
1114	address upon the lien form, notice that the wrecker operator
1115	must claim the security within 60 days, or the security will be
1116	released back to the person who posted it. At the conclusion of
1117	the 60 days, the department shall direct the clerk as to which
1118	party is entitled to payment of the security, less applicable
1119	clerk's fees.
1120	4. A wrecker operator's lien expires 5 years after filing.
1121	(d) Upon discharge of the amount of the wrecker operator's
1122	lien allowed by paragraph (b), the wrecker operator must issue a
1123	certificate of discharged wrecker operator's lien on forms
1124	provided by the department to each registered owner of the
1125	vehicle, vessel, or mobile home attesting that the amount of the
1126	wrecker operator's lien allowed by paragraph (b) has been
1127	discharged. Upon presentation of the certificate of discharged
1128	wrecker operator's lien by the registered owner, the department
1129	shall immediately remove the registered owner's name from the
1130	list of those persons who may not be issued a license plate or
1131	revalidation sticker for any motor vehicle under s. 320.03(8),
1132	thereby allowing issuance of a license plate or revalidation
1133	sticker. Issuance of a certificate of discharged wrecker
1134	operator's lien under this paragraph does not discharge the
1135	entire amount of the wrecker operator's lien claimed under
1136	subsection (2), but only certifies to the department that the
1137	amount of the wrecker operator's lien allowed by paragraph (b),
1138	for which the department will prevent issuance of a license
1139	plate or revalidation sticker, has been discharged.
1140	(e) When a wrecker operator files a notice of wrecker
1141	operator's lien under this subsection, the department shall
1142	charge the wrecker operator a fee of $2, which shall be
1143	deposited into the Florida Motor Vehicle Theft Prevention Trust
1144	Fund established under s. 860.158. A service charge of $2.50
1145	mustshallbe collected and retained by the tax collector who
1146	processes a notice of wrecker operator's lien.
1147	(f) This subsection applies only to the annual renewal in
1148	the registered owner's birth month of a motor vehicle
1149	registration and does not apply to the transfer of a
1150	registration of a motor vehicle sold by a motor vehicle dealer
1151	licensed under chapter 320, except for the transfer of
1152	registrations which is inclusive of the annual renewals. This
1153	subsection does not apply to any vehicle registered in the name
1154	of a lessor.This subsection does not affect the issuance of the
1155	title to a motor vehicle, notwithstanding s. 319.23(7)(b).
1156	(g) The Department of Highway Safety and Motor Vehicles
1157	may adopt rules underpursuant toss. 120.536(1) and 120.54 to
1158	implement this subsection.
1159	Section 11. Effective January 1, 2004, section 713.78,
1160	Florida Statutes, as amended by this act, is amended to read:
1161	713.78 Liens for recovering, towing, or storing vehicles
1162	and vessels.--
1163	(1) As used inFor the purposes ofthis section, the term:
1164	(a) "Business day" means a day other than a Saturday,
1165	Sunday, or federal or state legal holiday.
1166	(b) "Property owner" has the same meaning ascribed in s.
1167	715.07.
1168	(c)(a) "Vehicle" has the same meaning ascribed in s.
1169	508.01means any mobile item, whether motorized or not, which is
1170	mounted on wheels.
1171	(d)(b) "Vessel" has the same meaning ascribed in s. 508.01
1172	means every description of watercraft, barge, and air boat used
1173	or capable of being used as a means of transportation on water,
1174	other than a seaplane or a "documented vessel" as defined in s.
1175	327.02(8).
1176	(e)(c) "Wrecker" has the same meaning ascribed in s.
1177	320.01means any truck or other vehicle which is used to tow,
1178	carry, or otherwise transport motor vehicles or vessels upon the
1179	streets and highways of this state and which is equipped for
1180	that purpose with a boom, winch, car carrier, or other similar
1181	equipment.
1182	(f) "Wrecker company" has the same meaning ascribed in s.
1183	508.01.
1184	(g) "Wrecker operator" has the same meaning ascribed in s.
1185	508.01.
1186	(2) Whenever a wrecker company registered under chapter
1187	508person regularly engaged in the business of transporting
1188	vehicles or vessels by wrecker, tow truck, or car carrier
1189	recovers, removes, or stores a vehicle, vessel, or mobile home
1190	upon instructions from:
1191	(a) The owner of the vehicle or vesselthereof; or
1192	(b) The property owner or lessor, or a person authorized
1193	by the owner or lessor, of real property on which thesuch
1194	vehicle is wrongfully parked without permission, and such
1195	removal is done in compliance with s. 715.07; or
1196	(c) AAnylaw enforcement agency; or
1197	(d) A mobile home park owner as defined in s. 723.003 who
1198	has a current writ of possession for a mobile home lot under
1199	pursuant tos. 723.061,
1200
1201	the wrecker company hasshe or he shall have a lien on thesuch
1202	vehicle or vessel for a reasonable towing fee and for a
1203	reasonable storage fee; except that ano storage fee may not
1204	shall be charged if thesuchvehicle is stored for less than 6
1205	hours.
1206	(3) This section does not authorize any person to claim a
1207	lien on a vehicle for fees or charges connected with the
1208	immobilization of thesuchvehicle using a vehicle boot or other
1209	similar device underpursuant tos. 715.07.
1210	(4)(a) Any wrecker company thatperson regularly engaged
1211	in the business of recovering, towing, or storing vehicles or
1212	vessels who comes into possession of a vehicle or vessel under
1213	pursuant tosubsection (2), and who claims a lien for recovery,
1214	towing, or storage services, mustshallgive notice to the
1215	registered owner, the insurance company insuring the vehicle
1216	notwithstanding the provisions of s. 627.736, and to all persons
1217	claiming a lien on the vehicle or vesselthereon, as disclosed
1218	by the records in the Department of Highway Safety and Motor
1219	Vehicles or of a corresponding agency in any other state.
1220	(b) Whenever aanylaw enforcement agency authorizes the
1221	removal of a vehicle or whenever a wrecker companyany towing
1222	service, garage, repair shop, or automotive service, storage, or
1223	parking placenotifies the law enforcement agency of possession
1224	of a vehicle underpursuant tos. 715.07(2)(a)2., the applicable
1225	law enforcement agency shall contact the Department of Highway
1226	Safety and Motor Vehicles, or the appropriate agency of the
1227	state of registration, if known, within 24 hours through the
1228	medium of electronic communications, giving the full description
1229	of the vehicle. Upon receipt of the full description of the
1230	vehicle, the department shall search its files to determine the
1231	owner's name, the insurance company insuring the vehicle, and
1232	whether any person has filed a lien upon the vehicle as provided
1233	in s. 319.27(2) and (3) and notify the applicable law
1234	enforcement agency within 72 hours. The wrecker company must
1235	person in charge of the towing service, garage, repair shop, or
1236	automotive service, storage, or parking place shall obtain this
1237	suchinformation from the applicable law enforcement agency
1238	within 5 days afterfrom the date of storage and mustshallgive
1239	notice underpursuant toparagraph (a). The department may
1240	release the insurance company information to the requestor
1241	notwithstanding the provisions ofs. 627.736.
1242	(c) Notice by certified mail, return receipt requested,
1243	mustshallbe sent within 7 business days after the date of
1244	storage of the vehicle or vessel to the registered owner, the
1245	insurance company insuring the vehicle notwithstanding the
1246	provisions of s. 627.736, and all persons of record claiming a
1247	lien against the vehicle or vessel. The notice mustIt shall
1248	state the fact of possession of the vehicle or vessel, that a
1249	lien as provided in subsection (2) is claimed, that charges have
1250	accrued and the amount of the chargesthereof, that the lien is
1251	subject to enforcement underpursuant tolaw, and that the owner
1252	or lienholder, if any, has the right to a hearing as set forth
1253	in subsection (5), and that any vehicle or vessel which remains
1254	unclaimed, or for which the charges for recovery, towing, or
1255	storage services remain unpaid, may be sold free of all prior
1256	liens after 35 days if the vehicle or vessel is more than 3
1257	years of age or after 50 days if the vehicle or vessel is 3
1258	years of age or less.
1259	(d) If the wrecker company is unableattempts to identify
1260	the name oflocate the owner or lienholder prove unsuccessful,
1261	the wrecker company musttowing-storage operator shall, after 7
1262	businessworking days following, excluding Saturday and Sunday,
1263	ofthe initial tow or storage, notify the public agency of
1264	jurisdiction in writing by certified mail or acknowledged hand
1265	delivery that the wreckertowing-storagecompany has been unable
1266	to identify the name oflocatethe owner or lienholder and a
1267	physical search of the vehicle or vessel has disclosed no
1268	ownership information and a good faith effort has been made. For
1269	purposes of this paragraph and subsection (9), "good faith
1270	effort" means that the following checks have been performed by
1271	the wreckercompany to establish prior state of registration and
1272	for title:
1273	1. Check of vehicle or vessel for any type of tag, tag
1274	record, temporary tag, or regular tag.
1275	2. Check of law enforcement report for tag number or other
1276	information identifying the vehicle or vessel, if the vehicle or
1277	vessel was towed at the request of a law enforcement officer.
1278	3. Check of trip sheet or tow ticket of wreckertow truck
1279	operator to see if a tag was on vehicle at beginning of tow, if
1280	private tow.
1281	4. If there is no address of the owner on the impound
1282	report, check of law enforcement report to see if an out-of-
1283	state address is indicated from driver license information.
1284	5. Check of vehicle or vessel for inspection sticker or
1285	other stickers and decals that may indicate a state of possible
1286	registration.
1287	6. Check of the interior of the vehicle or vessel for any
1288	papers that may be in the glove box, trunk, or other areas for a
1289	state of registration.
1290	7. Check of vehicle for vehicle identification number.
1291	8. Check of vessel for vessel registration number.
1292	9. Check of vessel hull for a hull identification number
1293	which should be carved, burned, stamped, embossed, or otherwise
1294	permanently affixed to the outboard side of the transom or, if
1295	there is no transom, to the outmost seaboard side at the end of
1296	the hull that bears the rudder or other steering mechanism.
1297	(5)(a) The owner of a vehicle or vessel removed under
1298	pursuant to the provisions ofsubsection (2), or any person
1299	claiming a lien, other than the wrecker companytowing-storage
1300	operator, within 10 days after the time she or he has knowledge
1301	of the location of the vehicle or vessel, may file a complaint
1302	in the county court of the county in which the vehicle or vessel
1303	is stored or in which the owner resides to determine if her or
1304	his property was wrongfully taken or withheld from her or him.
1305	(b) Upon filing of a complaint, an owner or lienholder may
1306	have her or his vehicle or vessel released upon posting with the
1307	court a cash or surety bond or other adequate security equal to
1308	the amount of the charges for towing or storage and lot rental
1309	amount to ensure the payment of thesuchcharges in the event
1310	she or he does not prevail. Upon the posting of the bond and the
1311	payment of the applicable fee set forth in s. 28.24, the clerk
1312	of the court shall issue a certificate notifying the lienor of
1313	the posting of the bond and directing the lienor to release the
1314	vehicle or vessel. At the time of thesuchrelease, after
1315	reasonable inspection, she or he shall give a receipt to the
1316	wreckertowing-storagecompany reciting any claims she or he has
1317	for loss or damage to the vehicle or vessel or the contents of
1318	the vehicle or vesselthereof.
1319	(c) Upon determining the respective rights of the parties,
1320	the court may award damages and costs toin favor ofthe
1321	prevailing party. The court shall also award reasonable
1322	attorney's fees to the prevailing party if the court determines
1323	the nonprevailing party filed the complaint primarily to harass,
1324	for frivolous purpose, or to needlessly increase the cost of
1325	claiming a lien under this section.In any event,The final
1326	order must requireshall provide forimmediate payment in full
1327	of therecovery, towing, and storage fees by the vehicle or
1328	vessel owner or lienholder; byor the law enforcementagency
1329	ordering the tow; or by the property owner, lessee, or agent
1330	thereof of the realproperty from which the vehicle or vessel
1331	was towed or removed under s. 715.07.
1332	(6) Any vehicle or vessel which is stored underpursuant
1333	to subsection (2) thatand whichremains unclaimed, or for which
1334	reasonable charges for recovery, towing, or storing remain
1335	unpaid or for which a lot rental amount is due and owing to the
1336	mobile home park owner, as evidenced by a judgment for unpaid
1337	rent, and any contents not released underpursuant tosubsection
1338	(10), may be sold by the wrecker companyowner or operator of
1339	the storage space for thesuchtowing or storage charge or
1340	unpaid lot rental amount after 35 days afterfrom the timethe
1341	vehicle or vessel is stored in the wrecker company's storage
1342	facilitythereinif the vehicle or vessel is more than 3 years
1343	of age or after 50 days following the time the vehicle or vessel
1344	is stored therein if the vehicle or vessel is 3 years of age or
1345	less. The sale mustshallbe at public auction for cash. If the
1346	date of the sale iswasnot included in the notice required in
1347	subsection (4), notice of the sale mustshallbe given to the
1348	person in whose name the vehicle, vessel, or mobile home is
1349	registered, to the mobile home park owner, and to all persons
1350	claiming a lien on the vehicle or vessel as shown on the records
1351	of the Department of Highway Safety and Motor Vehicles or of the
1352	corresponding agency in any other state. Notice mustshallbe
1353	sent by certified mail, return receipt requested, to the owner
1354	of the vehicle or vessel and the person having the recorded lien
1355	on the vehicle or vessel at the address shown on the records of
1356	the registering agency and mustshall be mailed at leastnot
1357	less than15 days before the date of the sale. After diligent
1358	search and inquiry, if the name and address of the registered
1359	owner or the owner of the recorded lien cannot be ascertained,
1360	the requirements of notice by mail may be dispensed with. In
1361	addition to the notice by mail, public notice of the time and
1362	place of sale mustshall be made by publishing a notice of the
1363	salethereof one time, at least 10 days beforeprior tothe date
1364	of the sale, in a newspaper of general circulation in the county
1365	in which the sale is to be held. The proceeds of the sale, after
1366	payment of reasonable towing and storage charges, costs of the
1367	sale, and the unpaid lot rental amount, in that order of
1368	priority, mustshallbe deposited with the clerk of the circuit
1369	court for the county if the owner is absent, and the clerk shall
1370	hold thesuchproceeds subject to the claim of the person
1371	legally entitled to those proceedsthereto. The clerk isshall
1372	be entitled to receive 5 percent of thesuchproceeds for the
1373	care and disbursement of those proceedsthereof. The certificate
1374	of title issued under this sectionlawshall be discharged of
1375	all liens unless otherwise provided by court order.
1376	(7)(a) A wrecker company, its wrecker operators, and other
1377	employees or agents of the wrecker companyoperatorrecovering,
1378	towing, or storing vehicles or vessels is not liable for damages
1379	connected with thosesuch services, theft of thesuchvehicles
1380	or vessels, or theft of personal property contained in such
1381	vehicles or vessels, if thoseprovided that such services are
1382	have been performed with reasonable care and provided, further,
1383	ifthat, in the case of removal of a vehicle or vessel upon the
1384	request of a person purporting, and reasonably appearing, to be
1385	the property owner or lessee, or a person authorized by the
1386	owner or lessee, of the real property from which thesuch
1387	vehicle or vessel is removed, thesuchremoval has been done in
1388	compliance with s. 715.07. Further, a wrecker company, its
1389	wrecker operators, and other employees or agents of the wrecker
1390	companyoperatorareis not liable for damage connected with
1391	thosesuchservices when complying with the lawful directions of
1392	a law enforcement officer to remove a vehicle stopped, standing,
1393	or parked upon a street or highway in such a position that
1394	obstructsas to obstruct the normal movement of traffic or that
1395	createsin such a condition as to createa hazard to other
1396	traffic upon the street or highway.
1397	(b) Employees or authorized agents of the Department of
1398	Transportation or an authorized or unauthorized wrecker company,
1399	as defined in s. 321.051 or s. 323.002, may remove a vehicle or
1400	vehicle cargo from a public road without consent of the owner or
1401	operator of the vehicle or vehicle cargo upon request of a law
1402	enforcement officer as defined in s. 112.531, a sheriff or
1403	deputy sheriff as defined in s. 30.072, or a firefighter as
1404	defined in s. 112.81. The employee or authorized agent of the
1405	Department of Transportation, the wrecker company, its wrecker
1406	operators, and other employees or agents of the wrecker company,
1407	the law enforcement officer, sheriff, or deputy sheriff, and the
1408	firefighters and emergency medical services providers are not
1409	liable for any property damages or claims of damage for the
1410	removal if the vehicle or vehicle cargo is removed because it
1411	presents an imminent public safety hazard.
1412	(c)(b) For the purposes of this subsection, a wrecker
1413	company, its wrecker operators, and other employees or agents of
1414	the wrecker company areoperator ispresumed to use reasonable
1415	care to prevent the theft of a vehicle or vessel or of any
1416	personal property contained in thesuchvehicle stored in the
1417	wrecker company'soperator'sstorage facility if all of the
1418	following apply:
1419	1. The wrecker companyoperatorsurrounds the storage
1420	facility with a chain-link or solid-wall type fence at least 6
1421	feet in height;
1422	2. The wrecker company illuminatesoperator has
1423	illuminatedthe storage facility with lighting of sufficient
1424	intensity to reveal persons and vehicles at a distance of at
1425	least 150 feet during nighttime; and
1426	3. The wrecker companyoperatoruses one or more of the
1427	following security methods to discourage theft of vehicles or
1428	vessels or of any personal property contained in such vehicles
1429	or vessels stored in the wrecker company'soperator'sstorage
1430	facility:
1431	a. A night dispatcher or watchman remains on duty at the
1432	storage facility from sunset to sunrise;
1433	b. A security dog remains at the storage facility from
1434	sunset to sunrise;
1435	c. Security cameras or other similar surveillance devices
1436	monitor the storage facility; or
1437	d. A security guard service examines the storage facility
1438	at least once each hour from sunset to sunrise.
1439	(d)(c)Any law enforcement agency requesting that a motor
1440	vehicle be removed from an accident scene, street, or highway
1441	must conduct an inventory and prepare a written record of all
1442	personal property found in the vehicle before the vehicle is
1443	removed by a wrecker operator. However, if the owner or driver
1444	of the motor vehicle is present and accompanies the vehicle, an
1445	no inventory by law enforcement is not required. A wrecker
1446	company, its wrecker operators, or other employees or agents of
1447	the wrecker company areoperator isnot liable for the loss of
1448	personal property alleged to be contained in such a vehicle when
1449	thesuchpersonal property was not identified on the inventory
1450	record prepared by the law enforcement agency requesting the
1451	removal of the vehicle.
1452	(8) A wrecker company and its wrecker operators, excluding
1453	person regularly engaged in the business of recovering, towing,
1454	or storing vehicles or vessels, excepta person licensed under
1455	chapter 493 while engaged in "repossession" activities as
1456	defined in s. 493.6101, may not operate a wrecker, tow truck, or
1457	car carrierunless the name, address, and telephone number of
1458	the wreckercompany performing the service is clearly printed in
1459	contrasting colors on the driver and passenger sides of the
1460	wreckerits vehicle. The name must be in at least 3-inch
1461	permanently affixed letters, and the address and telephone
1462	number must be in at least 1-inch permanently affixed letters.
1463	(9) Failure to make good faith best efforts to comply with
1464	the notice requirements of this section precludesshall preclude
1465	the imposition of any storage charges against thesuchvehicle
1466	or vessel.
1467	(10) Each wrecker company that providesPersons who
1468	provide services underpursuant to this section mustshall
1469	permit vehicle or vessel owners or their agents, which agency is
1470	evidenced by a writing acknowledged by the owner before a notary
1471	public or other person empowered by law to administer oaths, to
1472	inspect the towed vehicle or vessel and mustshallrelease to
1473	the owner or agent all personal property not affixed to the
1474	vehicle or vessel which was in the vehicle or vessel at the time
1475	the vehicle or vessel came into the custody of the wrecker
1476	companyperson providing thosesuchservices.
1477	(11)(a) A wrecker company thatAny person regularly
1478	engaged in the business of recovering, towing, or storing
1479	vehicles or vessels whocomes into possession of a vehicle or
1480	vessel underpursuant to subsection (2) and that complieswho
1481	has complied with the provisions ofsubsections (3) and (6),
1482	when thesuchvehicle or vessel is to be sold for purposes of
1483	being dismantled, destroyed, or changed in such manner that it
1484	is not the motor vehicle, vessel, or mobile home described in
1485	the certificate of title, mustshallapply to the county tax
1486	collector for a certificate of destruction. A certificate of
1487	destruction, which authorizes the dismantling or destruction of
1488	the vehicle or vessel described on the certificate, istherein,
1489	shall be reassignable no more than twicea maximum of two times
1490	before dismantling or destruction of the vehicle isshall be
1491	required, and mustshallaccompany the vehicle or vessel for
1492	which it is issued, when thesuch vehicle or vessel is sold for
1493	that purposesuch purposes, in lieu of a certificate of title.
1494	The application for a certificate of destruction must include an
1495	affidavit from the applicant that it has complied with all
1496	applicable requirements of this section and, if the vehicle or
1497	vessel is not registered in this state, by a statement from a
1498	law enforcement officer that the vehicle or vessel is not
1499	reported stolen, and mustshall be accompanied by othersuch
1500	documentation as may berequired by the department.
1501	(b) The Department of Highway Safety and Motor Vehicles
1502	shall charge a fee of $3 for each certificate of destruction. A
1503	service charge of $4.25 shall be collected and retained by the
1504	tax collector who processes the application.
1505	(c) The Department of Highway Safety and Motor Vehicles
1506	may adopt such rules as it deemsnecessary or proper for the
1507	administration of this subsection.
1508	(12)(a) AAny person who violates any provision of
1509	subsection (1), subsection (2), subsection (4), subsection (5),
1510	subsection (6), or subsection (7) commitsis guilty ofa
1511	misdemeanor of the first degree, punishable as provided in s.
1512	775.082 or s. 775.083.
1513	(b) AAny person who violates the provisions of
1514	subsections (8) through (11) commitsis guilty ofa felony of
1515	the third degree, punishable as provided in s. 775.082, s.
1516	775.083, or s. 775.084.
1517	(c) AAnyperson who uses a false or fictitious name,
1518	gives a false or fictitious address, or makes any false
1519	statement in any application or affidavit required under the
1520	provisions of this section commitsis guilty ofa felony of the
1521	third degree, punishable as provided in s. 775.082, s. 775.083,
1522	or s. 775.084.
1523	(d) Employees of the Department of Highway Safety and
1524	Motor Vehicles and law enforcement officers mayare authorized
1525	to inspect the records of each wrecker company in this stateany
1526	person regularly engaged in the business of recovering, towing,
1527	or storing vehicles or vessels or transporting vehicles or
1528	vessels by wrecker, tow truck, or car carrier,to ensure
1529	compliance with the requirements of this section. AAnyperson
1530	who fails to maintain records, or fails to produce records when
1531	required in a reasonable manner and at a reasonable time,
1532	commits a misdemeanor of the first degree, punishable as
1533	provided in s. 775.082 or s. 775.083.
1534	(13)(a) Upon receipt by the Department of Highway Safety
1535	and Motor Vehicles of written notice from a wrecker company
1536	operator who claims a wrecker company'soperator'slien under
1537	paragraph (2)(c) or paragraph (2)(d) for recovery, towing, or
1538	storage of an abandoned vehicle, vessel, or mobile home upon
1539	instructions from any law enforcement agency, for which a
1540	certificate of destruction has been issued under subsection
1541	(11), the department shall place the name of the registered
1542	owner of that vehicle, vessel, or mobile home on the list of
1543	those persons who may not be issued a license plate or
1544	revalidation sticker for any motor vehicle under s. 320.03(8).
1545	If the vehicle, vessel, or mobile home is owned jointly by more
1546	than one person, the name of each registered owner shall be
1547	placed on the list. The notice of wrecker company'soperator's
1548	lien shall be submitted on forms provided by the department,
1549	which must include:
1550	1. The name, address, and telephone number of the wrecker
1551	companyoperator.
1552	2. The name of the registered owner of the vehicle,
1553	vessel, or mobile home and the address to which the wrecker
1554	companyoperatorprovided notice of the lien to the registered
1555	owner under subsection (4).
1556	3. A general description of the vehicle, vessel, or mobile
1557	home, including its color, make, model, body style, and year.
1558	4. The vehicle identification number (VIN); registration
1559	license plate number, state, and year; validation decal number,
1560	state, and year; mobile home sticker number, state, and year;
1561	vessel registration number; hull identification number; or other
1562	identification number, as applicable.
1563	5. The name of the person or the corresponding law
1564	enforcement agency that requested that the vehicle, vessel, or
1565	mobile home be recovered, towed, or stored.
1566	6. The amount of the wrecker company'soperator'slien,
1567	not to exceed the amount allowed by paragraph (b).
1568	(b) For purposes of this subsection only, the amount of
1569	the wrecker company'soperator'slien for which the department
1570	will prevent issuance of a license plate or revalidation sticker
1571	may not exceed the amount of the charges for recovery, towing,
1572	and storage of the vehicle, vessel, or mobile home for 7 days.
1573	These charges may not exceed the maximum rates imposed by the
1574	ordinances of the respective county or municipality under ss.
1575	125.0103(1)(c) and 166.043(1)(c). This paragraph does not limit
1576	the amount of a wrecker company'soperator'slien claimed under
1577	subsection (2) or prevent a wrecker companyoperatorfrom
1578	seeking civil remedies for enforcement of the entire amount of
1579	the lien, but limits only that portion of the lien for which the
1580	department will prevent issuance of a license plate or
1581	revalidation sticker.
1582	(c)1. The registered owner of a vehicle, vessel, or mobile
1583	home may dispute a wrecker company'soperator'slien, by
1584	notifying the department of the dispute in writing on forms
1585	provided by the department, if at least one of the following
1586	applies:
1587	a. The registered owner presents a notarized bill of sale
1588	proving that the vehicle, vessel, or mobile home was sold in a
1589	private or casual sale before the vehicle, vessel, or mobile
1590	home was recovered, towed, or stored.
1591	b. The registered owner presents proof that the Florida
1592	certificate of title of the vehicle, vessel, or mobile home was
1593	sold to a licensed dealer as defined in s. 319.001 before the
1594	vehicle, vessel, or mobile home was recovered, towed, or stored.
1595	c. The records of the department were marked to indicate
1596	the vehicle, vessel, or mobile home was sold before the issuance
1597	of the certificate of destruction under subsection (11).
1598
1599	If the registered owner's dispute of a wrecker company's
1600	operator'slien complies with one of these criteria, the
1601	department shall immediately remove the registered owner's name
1602	from the list of those persons who may not be issued a license
1603	plate or revalidation sticker for any motor vehicle under s.
1604	320.03(8), thereby allowing issuance of a license plate or
1605	revalidation sticker. If the vehicle, vessel, or mobile home is
1606	owned jointly by more than one person, each registered owner
1607	must dispute the wrecker company'soperator'slien in order to
1608	be removed from the list. However, the department shall deny any
1609	dispute and maintain the registered owner's name on the list of
1610	those persons who may not be issued a license plate or
1611	revalidation sticker for any motor vehicle under s. 320.03(8) if
1612	the wrecker companyoperatorhas provided the department with a
1613	certified copy of the judgment of a court which orders the
1614	registered owner to pay the wrecker company'soperator'slien
1615	claimed under this section. In such a case, the amount of the
1616	wrecker company'soperator'slien allowed by paragraph (b) may
1617	be increased to include no more than $500 of the reasonable
1618	costs and attorney's fees incurred in obtaining the judgment.
1619	The department's action under this subparagraph is ministerial
1620	in nature, shall not be considered final agency action, and may
1621	be appealed only to the county court for the county in which the
1622	vehicle, vessel, or mobile home was ordered removed.
1623	2. A person against whom a wrecker company'soperator's
1624	lien has been imposed may alternatively obtain a discharge of
1625	the lien by filing a complaint, challenging the validity of the
1626	lien or the amount thereof, in the county court of the county in
1627	which the vehicle, vessel, or mobile home was ordered removed.
1628	Upon filing of the complaint, the person may have her or his
1629	name removed from the list of those persons who may not be
1630	issued a license plate or revalidation sticker for any motor
1631	vehicle under s. 320.03(8), thereby allowing issuance of a
1632	license plate or revalidation sticker, upon posting with the
1633	court a cash or surety bond or other adequate security equal to
1634	the amount of the wrecker company'soperator'slien to ensure
1635	the payment of such lien in the event she or he does not
1636	prevail. Upon the posting of the bond and the payment of the
1637	applicable fee set forth in s. 28.24, the clerk of the court
1638	shall issue a certificate notifying the department of the
1639	posting of the bond and directing the department to release the
1640	wrecker company'soperator'slien. Upon determining the
1641	respective rights of the parties, the court may award damages
1642	and costs in favor of the prevailing party.
1643	3. If a person against whom a wrecker company'soperator's
1644	lien has been imposed does not object to the lien, but cannot
1645	discharge the lien by payment because the wrecker company
1646	operatorhas moved or gone out of business, the person may have
1647	her or his name removed from the list of those persons who may
1648	not be issued a license plate or revalidation sticker for any
1649	motor vehicle under s. 320.03(8), thereby allowing issuance of a
1650	license plate or revalidation sticker, upon posting with the
1651	clerk of court in the county in which the vehicle, vessel, or
1652	mobile home was ordered removed, a cash or surety bond or other
1653	adequate security equal to the amount of the wrecker company's
1654	operator'slien. Upon the posting of the bond and the payment of
1655	the application fee set forth in s. 28.24, the clerk of the
1656	court shall issue a certificate notifying the department of the
1657	posting of the bond and directing the department to release the
1658	wrecker company'soperator'slien. The department shall mail to
1659	the wrecker companyoperator, at the address upon the lien form,
1660	notice that the wrecker companyoperatormust claim the security
1661	within 60 days, or the security will be released back to the
1662	person who posted it. At the conclusion of the 60 days, the
1663	department shall direct the clerk as to which party is entitled
1664	to payment of the security, less applicable clerk's fees.
1665	4. A wrecker company'soperator'slien expires 5 years
1666	after filing.
1667	(d) Upon discharge of the amount of the wrecker company's
1668	operator's lien allowed by paragraph (b), the wrecker company
1669	operator must issue a certificate of discharged wrecker
1670	company'soperator'slien on forms provided by the department to
1671	each registered owner of the vehicle, vessel, or mobile home
1672	attesting that the amount of the wrecker company'soperator's
1673	lien allowed by paragraph (b) has been discharged. Upon
1674	presentation of the certificate of discharged wrecker company's
1675	operator'slien by the registered owner, the department shall
1676	immediately remove the registered owner's name from the list of
1677	those persons who may not be issued a license plate or
1678	revalidation sticker for any motor vehicle under s. 320.03(8),
1679	thereby allowing issuance of a license plate or revalidation
1680	sticker. Issuance of a certificate of discharged wrecker
1681	company'soperator'slien under this paragraph does not
1682	discharge the entire amount of the wrecker company'soperator's
1683	lien claimed under subsection (2), but only certifies to the
1684	department that the amount of the wrecker company'soperator's
1685	lien allowed by paragraph (b), for which the department will
1686	prevent issuance of a license plate or revalidation sticker, has
1687	been discharged.
1688	(e) When a wrecker companyoperatorfiles a notice of
1689	wrecker company'soperator'slien under this subsection, the
1690	department shall charge the wrecker companyoperatora fee of
1691	$2, which mustshallbe deposited into the Florida Motor Vehicle
1692	Theft Prevention Trust Fund established under s. 860.158. A
1693	service charge of $2.50 must be collected and retained by the
1694	tax collector who processes a notice of wrecker company's
1695	operator'slien.
1696	(f) This subsection applies only to the annual renewal in
1697	the registered owner's birth month of a motor vehicle
1698	registration and does not apply to the transfer of a
1699	registration of a motor vehicle sold by a motor vehicle dealer
1700	licensed under chapter 320, except for the transfer of
1701	registrations which is inclusive of the annual renewals. This
1702	subsection does not apply to any vehicle registered in the name
1703	of a lessor. This subsection does not affect the issuance of the
1704	title to a motor vehicle, notwithstanding s. 319.23(7)(b).
1705	(g) The Department of Highway Safety and Motor Vehicles
1706	may adopt rules under ss. 120.536(1) and 120.54 to implement
1707	this subsection.
1708	(14) The amendments to this section made by this act do
1709	not affect the validity of liens established under this section
1710	before January 1, 2004.
1711	Section 12. Effective January 1, 2004, section 715.07,
1712	Florida Statutes, is amended to read:
1713	715.07 Vehicles and vessels parked on realprivate
1714	property without permission; towing.--
1715	(1) As used in this section, the term:
1716	(a) "Property owner" means an owner or lessee of real
1717	property, or a person authorized by the owner or lessee, which
1718	person may be the designated representative of the condominium
1719	association if the real property is a condominium.
1720	(b) "Vehicle" has the same meaning ascribed in s. 508.01
1721	means any mobile item which normally uses wheels, whether
1722	motorized or not.
1723	(c) "Vessel" has the same meaning ascribed in s. 508.01.
1724	(d) "Wrecker company" has the same meaning ascribed in s.
1725	508.01.
1726	(e) "Wrecker operator" has the same meaning ascribed in s.
1727	508.01.
1728	(2) A property ownerThe owner or lessee of real property,
1729	or any person authorized by the owner or lessee, which person
1730	may be the designated representative of the condominium
1731	association if the real property is a condominium, may cause a
1732	any vehicle or vessel parked on her or his realsuchproperty
1733	without her or his permission to be removed by a wrecker company
1734	registered under chapter 508person regularly engaged in the
1735	business of towing vehicles, without liability for the costs of
1736	removal, transportation, or storage or damages caused by the
1737	suchremoval, transportation, or storage, under any of the
1738	following circumstances:
1739	(a) The towing or removal of any vehicle or vessel from
1740	realprivateproperty without the consent of the registered
1741	owner or other legally authorized person in control of that
1742	vehicle or vesselis subject to strict compliance with the
1743	following conditions and restrictions:
1744	1.a. Any towed or removed vehicle or vesselmust be stored
1745	at a storage facilitysitewithin 10 miles of the point of
1746	removal in any county of 500,000 population or more, and within
1747	15 miles of the point of removal in any county of less than
1748	500,000 population. The wrecker company's storage facilityThat
1749	site must be open for the purpose of redemption of vehicles and
1750	vessels on any day that the wrecker companyperson or firm
1751	towing thesuch vehicle or vesselis open for towing purposes,
1752	from 88:00 a.m. to 66:00 p.m., and, when closed, mustshall
1753	have prominently posted a sign indicating a telephone number
1754	where the operator of the storage facilitysitecan be reached
1755	at all times. Upon receipt of a telephoned request to open the
1756	storage facilitysite to redeem a vehicle or vessel, the
1757	operator shall return to the storage facilitysitewithin 1 hour
1758	or she or he violateswill be in violation ofthis section.
1759	b. If a wrecker companyno towing business providing such
1760	service is not located within the area of towing limitations set
1761	forthin sub-subparagraph a., the following limitations apply:
1762	any towed or removed vehicle or vessel must be stored at a
1763	storage facilitysitewithin 20 miles of the point of removal in
1764	any county of 500,000 population or more, and within 30 miles of
1765	the point of removal in any county of less than 500,000
1766	population.
1767	2. The wrecker companyperson or firmtowing or removing
1768	the vehicle or vessel mustshall, within 30 minutes of
1769	completion of thatsuchtowing or removal, notify the municipal
1770	police department or, in an unincorporated area, the sheriff of
1771	thatsuch towing or removal, the location of the storage
1772	facilitysite, the time the vehicle or vesselwas towed or
1773	removed, and the make, model, color, and license plate number of
1774	the vehicle or the make, model, color, and registration number
1775	of the vessel. The wrecker company must alsoand shallobtain
1776	the name of the person at that department to whom thissuch
1777	information iswasreported and note that name on the trip
1778	record.
1779	3. If the registered owner or other legally authorized
1780	person in control of the vehicle or vessel arrives at the scene
1781	beforeprior to removal or towing of the vehicle or vessel is
1782	towed or removed, the wrecker company must disconnect the
1783	vehicle or vesselshall be disconnected from the wreckertowing
1784	or removal apparatus, and must allow that person shall be
1785	allowed to remove the vehicle or vesselwithout interference
1786	upon the payment of a reasonable service fee of not more than
1787	one-half of the posted rate for those servicessuch towing
1788	serviceas provided in subparagraph 6., for which a receipt
1789	shall be given, unless that person refuses to remove the vehicle
1790	or vessel which is otherwise unlawfully parked or located.
1791	4. A wrecker company, a wrecker operator, or another
1792	employee or agent of a wrecker company may not give aTherebate
1793	or the payment of money or any other valuable consideration from
1794	the individual or firm towing or removing vehicles to the
1795	property ownerowners or operators of the premises from which a
1796	vehicle or vessel isthe vehicles aretowed or removed, for the
1797	privilege of removing or towing the vehicle or vesselthose
1798	vehicles, is prohibited. A property owner may not solicit a
1799	wrecker company, a wrecker operator, or another employee or
1800	agent of a wrecker company to give him or her a rebate or the
1801	payment of money or other valuable consideration for the
1802	privilege of removing or towing a vehicle from his or her
1803	premises.
1804	5. Except for property appurtenant to and obviously a part
1805	of a single-family residence, and except for instances when
1806	notice is personally given to the owner or other legally
1807	authorized person in control of the vehicle or vesselthat the
1808	area in which that vehicle or vesselis parked is reserved or
1809	otherwise unavailable for unauthorized vehicles or vessels and
1810	the vehicle or vessel issubject to being removed at the owner's
1811	or operator's expense, any property owner or lessee, or person
1812	authorized by the property owner or lessee, beforeprior to
1813	towing or removing any vehicle or vessel from realprivate
1814	property without the consent of the owner or other legally
1815	authorized person in control of that vehicle or vessel, must
1816	post a notice meeting the following requirements:
1817	a. The notice must be prominently placed at each driveway
1818	access or curb cut allowing vehicular access to the property,
1819	within 5 feet from the public right-of-way line. If there are no
1820	curbs or access barriers, the signs must be posted not less than
1821	one sign for each 25 feet of lot frontage.
1822	b. The notice must clearly indicate, in not less than 2-
1823	inch high, light-reflective letters on a contrasting background,
1824	that unauthorized vehicles will be towed away at the owner's
1825	expense. A property owner towing or removing vessels from real
1826	property must post notice, consistent with this subparagraph,
1827	that unauthorized vehicles or vessels will be towed at the
1828	owner's expense.The words "tow-away zone" must be included on
1829	the sign in not less than 4-inch high letters.
1830	c. The notice must also provide the name and current
1831	telephone number of the wrecker companyperson or firmtowing or
1832	removing the vehicles and vessels, if the property owner,
1833	lessee, or person in control of the realproperty has a written
1834	contract with the wreckertowingcompany.
1835	d. The sign structure containing the required notices must
1836	be permanently installed with the words "tow-away zone" not less
1837	than 3 feet and not more than 6 feet above ground level and must
1838	be continuously maintained on the property for not less than 24
1839	hours prior to the towing or removal of any vehicles or vessels.
1840	e. The local government may require permitting and
1841	inspection of these signs prior to any towing or removal of
1842	vehicles or vesselsbeing authorized.
1843	f. A business with 20 or fewer parking spaces satisfies
1844	the notice requirements of this subparagraph by prominently
1845	displaying a sign stating "Reserved Parking for Customers Only
1846	Unauthorized Vehicles or VesselsWill be Towed Away At the
1847	Owner's Expense" in not less than 4-inch high, light-reflective
1848	letters on a contrasting background.
1849
1850	A business owner or lessee may authorize the removal of a
1851	vehicle or vessel by a wreckertowing company when the vehicle
1852	or vessel is parked in sucha manner that restricts the normal
1853	operation of business; and, if a vehicle or vesselparked on a
1854	public right-of-way obstructs access to a private driveway,the
1855	owner, lessee, or agent may have the vehicle or vesselremoved
1856	by a wreckertowing company registered under chapter 508upon
1857	signing an order that the vehicle or vesselbe removed without a
1858	posted tow-away zone sign.
1859	6. Each wrecker companyAny person or firmthat tows or
1860	removes vehicles or vesselsand proposes to require an owner,
1861	operator, or person in control of a vehicle or vesselto pay the
1862	costs of towing and storage beforeprior toredemption of the
1863	vehicle or vesselmust file and keep on record with the local
1864	law enforcement agency a complete copy of the current rates to
1865	be charged for thosesuch services and post at the storage
1866	facilitysitean identical rate schedule and any written
1867	contracts with property owners, lessees, or persons in control
1868	of real property which authorize the wrecker companysuch person
1869	or firm to remove vehicles or vesselsas provided in this
1870	section.
1871	7. Each wrecker companyAny person or firmtowing or
1872	removing any vehicles or vessels from realprivateproperty
1873	without the consent of the owner or other legally authorized
1874	person in control of the vehicles or vessels mustshall, on each
1875	wreckerany trucks, wreckers as defined in s. 320.01
1876	713.78(1)(c), or other vehiclesused in the towing or removal,
1877	have the name, address, and telephone number of the wrecker
1878	company performing such serviceclearly printed in contrasting
1879	colors on the driver and passenger sides of the wreckervehicle.
1880	The name mustshallbe in at least 3-inch permanently affixed
1881	letters, and the address and telephone number mustshallbe in
1882	at least 1-inch permanently affixed letters.
1883	8. Vehicle or vessel entry for the purpose of towing or
1884	removing the vehicle or vessel isshall beallowed with
1885	reasonable care byon the part of the wrecker company and the
1886	wrecker operatorsperson or firm towing the vehicle or vessel
1887	for the wrecker company. A wrecker company, its wrecker
1888	operators, and other employees or agents of the wrecker company
1889	are notSuch person or firm shall beliable for any damage
1890	occasioned to the vehicle or vessel if such entry to the vehicle
1891	or vessel is performednot in accordance with the standard of
1892	reasonable care.
1893	9. When a vehicle or vessel ishas been towed or removed
1894	underpursuant to this section, the wrecker companyit must
1895	release the vehicle or vesselbe releasedto its owner or
1896	custodian within one hour after requested. Any vehicle or vessel
1897	owner, custodian, or agent hasshall havethe right to inspect
1898	the vehicle or vessel before accepting its return. A wrecker
1899	company may not require any vehicle or vessel owner, custodian,
1900	or agent to, and no release or waivewaiverthe wrecker company
1901	of any kind which would release the person or firmtowing the
1902	vehicle or vesselfrom liability for damages noted by the owner
1903	or other legally authorized person at the time of the redemption
1904	may be required from any vehicle owner, custodian, or agentas a
1905	condition of release of the vehicle or vessel to its owner. A
1906	wrecker company must give a person paying towing and storage
1907	charges under this section adetailed, signed receipt showing
1908	the legal name of the wrecker company or person towing or
1909	removing the vehicle must be given to the person paying towing
1910	or storage chargesat the time of payment, whether requested or
1911	not.
1912	(b) These requirements areshall be theminimum standards
1913	and doshallnot preclude enactment of additional regulations by
1914	any municipality or county including the right to regulate rates
1915	when vehicles or vessels are towed from realprivateproperty.
1916	(3) This section does not apply to vehicles or vessels
1917	reasonably identifiable from markings aslaw enforcement,
1918	firefighting, rescue squad, ambulance, or other emergency
1919	vehicles or vesselswhich are marked as suchor to property
1920	owned by any governmental entity.
1921	(4) When a person improperly causes a vehicle or vesselto
1922	be removed, thatsuch person isshall beliable to the owner or
1923	lessee of the vehicle or vesselfor the cost of removal,
1924	transportation, and storage; any damages resulting from the
1925	removal, transportation, or storage of the vehicle or vessel;
1926	attorneys' fees; and court costs.
1927	(5) Failure to make good faith best efforts to comply with
1928	the notice requirement of this section, as appropriate,
1929	precludes the imposition of any towing or storage charges
1930	against the vehicle or vessel.
1931	(6)(5)(a) AAny person who violates the provisions of
1932	subparagraph (2)(a)2. or subparagraph (2)(a)6. commitsis guilty
1933	ofa misdemeanor of the first degree, punishable as provided in
1934	s. 775.082 or s. 775.083.
1935	(b) AAny person who violates the provisions of
1936	subparagraph (2)(a)1., subparagraph (2)(a)3., subparagraph
1937	(2)(a)4., subparagraph (2)(a)7., or subparagraph (2)(a)9.
1938	commitsis guilty ofa felony of the third degree, punishable as
1939	provided in s. 775.082, s. 775.083, or s. 775.084.
1940	Section 13. Effective January 1, 2004, subsection (15) of
1941	section 1.01, Florida Statutes, is amended to read:
1942	1.01 Definitions.--In construing these statutes and each
1943	and every word, phrase, or part hereof, where the context will
1944	permit:
1945	(15) The term "wrecker operator" means any person or firm
1946	regularly engaged for hire in the business of towing or removing
1947	motor vehicles.
1948	Section 14. Effective January 1, 2004, paragraph (b) of
1949	subsection (8) of section 120.80, Florida Statutes, is amended
1950	to read:
1951	120.80 Exceptions and special requirements; agencies.--
1952	(8) DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES.--
1953	(b) Wrecker companiesoperators.--Notwithstanding s.
1954	120.57(1)(a), hearings held by the Division of the Florida
1955	Highway Patrol of the Department of Highway Safety and Motor
1956	Vehicles to deny, suspend, or remove a wrecker companyoperator
1957	from participating in the wrecker allocationrotationsystem
1958	established underbys. 321.051 need not be conducted by an
1959	administrative law judge assigned by the division. These
1960	hearings shall be held by a hearing officer appointed by the
1961	director of the Division of the Florida Highway Patrol.
1962	Section 15. Subsection (3) of section 316.530, Florida
1963	Statutes, is amended to read:
1964	316.530 Towing requirements.--
1965	(3) Whenever a motor vehicle becomes disabled upon the
1966	highways of this state and a wrecker or tow truckis required to
1967	remove it to a repair shop or other appropriate location, if the
1968	combined weights of those two vehicles and the loads thereon
1969	exceed the maximum allowable weights as established by s.
1970	316.535, no penalty shall be assessed either vehicle or driver.
1971	However, this exception shall not apply to the load limits for
1972	bridges and culverts established by the department as provided
1973	in s. 316.555.
1974	Section 16. Subsection (40) of section 320.01, Florida
1975	Statutes, is amended to read:
1976	320.01 Definitions, general.--As used in the Florida
1977	Statutes, except as otherwise provided, the term:
1978	(40) "Wrecker" means a tow truck or otheranymotor
1979	vehicle that is used to tow, carry, or otherwise transport
1980	vehicles, vessels, or mobile homes upon the streets and highways
1981	of this state whichmotor vehicles and thatis equipped for that
1982	purpose with a boom, winch, car carrier, or other similar
1983	equipment.
1984	Section 17. Effective January 1, 2004, subsection (8) of
1985	section 320.03, Florida Statutes, is amended to read:
1986	320.03 Registration; duties of tax collectors;
1987	International Registration Plan.--
1988	(8) If the applicant's name appears on the list referred
1989	to in s. 316.1001(4), s. 316.1967(6), or s. 713.78(13), a
1990	license plate or revalidation sticker may not be issued until
1991	that person's name no longer appears on the list or until the
1992	person presents a receipt from the clerk showing that the fines
1993	outstanding have been paid. The tax collector and the clerk of
1994	the court are each entitled to receive monthly, as costs for
1995	implementing and administering this subsection, 10 percent of
1996	the civil penalties and fines recovered from such persons. As
1997	used in this subsection, the term "civil penalties and fines"
1998	does not include a wrecker company'soperator'slien as
1999	described in s. 713.78(13). If the tax collector has private tag
2000	agents, such tag agents are entitled to receive a pro rata share
2001	of the amount paid to the tax collector, based upon the
2002	percentage of license plates and revalidation stickers issued by
2003	the tag agent compared to the total issued within the county.
2004	The authority of any private agent to issue license plates shall
2005	be revoked, after notice and a hearing as provided in chapter
2006	120, if he or she issues any license plate or revalidation
2007	sticker contrary to the provisions of this subsection. This
2008	section applies only to the annual renewal in the owner's birth
2009	month of a motor vehicle registration and does not apply to the
2010	transfer of a registration of a motor vehicle sold by a motor
2011	vehicle dealer licensed under this chapter, except for the
2012	transfer of registrations which is inclusive of the annual
2013	renewals. This section does not affect the issuance of the title
2014	to a motor vehicle, notwithstanding s. 319.23(7)(b).
2015	Section 18. Paragraph (a) of subsection (1) of section
2016	320.13, Florida Statutes, is amended to read:
2017	320.13 Dealer and manufacturer license plates and
2018	alternative method of registration.--
2019	(1)(a) Any licensed motor vehicle dealer and any licensed
2020	mobile home dealer may, upon payment of the license tax imposed
2021	by s. 320.08(12), secure one or more dealer license plates,
2022	which are valid for use on motor vehicles or mobile homes owned
2023	by the dealer to whom such plates are issued while the motor
2024	vehicles are in inventory and for sale, or while being operated
2025	in connection with such dealer's business, but are not valid for
2026	use for hire. Dealer license plates may not be used on any tow
2027	truck or wrecker, as defined in s. 320.01, unless the tow truck
2028	orwrecker is being demonstrated for sale, and the dealer
2029	license plates may not be used on a vehicle used to transport
2030	another motor vehicle for the motor vehicle dealer.
2031	Section 19. For the purpose of incorporating the
2032	amendments made by this act to section 320.01, Florida Statutes,
2033	in references thereto, subsection (4) of section 316.550,
2034	Florida Statutes, and paragraphs (d) and (e) of subsection (5)
2035	of section 320.08, Florida Statutes, are reenacted to read:
2036	316.550 Operations not in conformity with law; special
2037	permits.--
2038	(4)(a) The Department of Transportation may issue a
2039	wrecker special blanket permit to authorize a wrecker as defined
2040	in s. 320.01(40) to tow a disabled vehicle as defined in s.
2041	320.01(38) where the combination of the wrecker and the disabled
2042	vehicle being towed exceeds the maximum weight limits as
2043	established by s. 316.535.
2044	(b) The Department of Transportation must supply the
2045	permitted wrecker with a map showing the routes on which the
2046	wrecker may safely tow disabled vehicles for all special permit
2047	classifications for which the wrecker applies.
2048	320.08 License taxes.--Except as otherwise provided
2049	herein, there are hereby levied and imposed annual license taxes
2050	for the operation of motor vehicles, mopeds, motorized bicycles
2051	as defined in s. 316.003(2), and mobile homes, as defined in s.
2052	320.01, which shall be paid to and collected by the department
2053	or its agent upon the registration or renewal of registration of
2054	the following:
2055	(5) SEMITRAILERS, FEES ACCORDING TO GROSS VEHICLE WEIGHT;
2056	SCHOOL BUSES; SPECIAL PURPOSE VEHICLES.--
2057	(d) A wrecker, as defined in s. 320.01(40), which is used
2058	to tow a vessel as defined in s. 327.02(36), a disabled,
2059	abandoned, stolen-recovered, or impounded motor vehicle as
2060	defined in s. 320.01(38), or a replacement motor vehicle as
2061	defined in s. 320.01(39): $30 flat.
2062	(e) A wrecker, as defined in s. 320.01(40), which is used
2063	to tow any motor vehicle, regardless of whether or not such
2064	motor vehicle is a disabled motor vehicle as defined in s.
2065	320.01(38), a replacement motor vehicle as defined in s.
2066	320.01(39), a vessel as defined in s. 327.02(36), or any other
2067	cargo, as follows:
2068	1. Gross vehicle weight of 10,000 pounds or more, but less
2069	than 15,000 pounds: $87 flat.
2070	2. Gross vehicle weight of 15,000 pounds or more, but less
2071	than 20,000 pounds: $131 flat.
2072	3. Gross vehicle weight of 20,000 pounds or more, but less
2073	than 26,000 pounds: $186 flat.
2074	4. Gross vehicle weight of 26,000 pounds or more, but less
2075	than 35,000 pounds: $240 flat.
2076	5. Gross vehicle weight of 35,000 pounds or more, but less
2077	than 44,000 pounds: $300 flat.
2078	6. Gross vehicle weight of 44,000 pounds or more, but less
2079	than 55,000 pounds: $572 flat.
2080	7. Gross vehicle weight of 55,000 pounds or more, but less
2081	than 62,000 pounds: $678 flat.
2082	8. Gross vehicle weight of 62,000 pounds or more, but less
2083	than 72,000 pounds: $800 flat.
2084	9. Gross vehicle weight of 72,000 pounds or more: $979
2085	flat.
2086	Section 20. The sum of $....... is appropriated from the
2087	General Inspection Trust Fund to the Department of Agriculture
2088	and Consumer Services, and ..... full-time-equivalent positions
2089	are authorized, for the purpose of implementing this act during
2090	the 2003-2004 fiscal year.
2091	Section 21. Except as otherwise provided herein, this act
2092	shall take effect July 1, 2003.