HB 0677 2003
1	CHAMBER ACTION
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6	The Committee on Transportation recommends the following:
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8	Committee Substitute
9	Remove the entire bill and insert:
10	A bill to be entitled
11	An act relating to wrecker services; amending s. 120.80,
12	F.S.; exempting hearings of the Division of the Florida
13	Highway Patrol concerning the wrecker allocation system
14	from the requirements of ch. 120, F.S.; creating s.
15	205.1975, F.S.; prohibiting a county or municipality from
16	issuing or renewing a license for a wrecker company that
17	is not in compliance with the requirements of the act;
18	amending s. 316.061, F.S.; providing for removal of
19	vehicle or vehicle cargo without consent of the owner
20	under certain circumstances; limiting liability of
21	specified persons for such removal; amending s. 316.530,
22	F.S., relating to traffic control; conforming provisions
23	to changes made by the act; reenacting s. 316.550(4),
24	F.S., relating to special wrecker permits, to incorporate
25	the amendment to s. 320.01, F.S., in references thereto;
26	amending s. 316.605, F.S.; providing requirements for
27	licensing wreckers and other vehicles; amending s. 320.01,
28	F.S.; redefining the term "wrecker" for purposes of the
29	Florida Statutes; amending ss. 320.03 and 320.0706, F.S.,
30	relating to motor vehicle registration and license plates;
31	conforming provisions to changes made by the act;
32	reenacting s. 320.08(5)(d) and (e), F.S., relating to
33	license taxes, to incorporate the amendment to s. 320.01,
34	F.S., in references thereto; amending s. 320.0821, F.S.;
35	revising requirements for the issuance of wrecker license
36	plates; amending s. 320.13, F.S., relating to dealer
37	license plates; conforming provisions to changes made by
38	the act; amending s. 321.051, F.S.; providing definitions;
39	requiring the Division of the Florida Highway Patrol
40	within the Department of Highway Safety and Motor Vehicles
41	to establish a wrecker allocation system; providing
42	requirements for the system; authorizing the division to
43	set maximum rates for towing and storage of vehicles;
44	prohibiting an unauthorized wrecker company from
45	monitoring a police radio or engaging in other activities;
46	providing penalties; providing requirements for
47	dispatching wreckers; amending s. 323.001, F.S., relating
48	to wrecker company storage facilities; providing
49	definitions; providing procedures for a law enforcement
50	agency to place a hold on a stored vehicle; providing for
51	payment of towing and storage charges; amending s.
52	323.002, F.S.; providing definitions; providing
53	requirements for a county or municipality that operates a
54	wrecker allocation system; providing requirements for the
55	system; prohibiting an unauthorized wrecker company from
56	monitoring a police radio or engaging in other activities;
57	providing penalties; providing requirements for
58	dispatching wreckers; creating ch. 508, F.S.; providing
59	definitions; creating the Wrecker Operator Advisory
60	Council within the Department of Agriculture and Consumer
61	Services; providing for membership and terms; providing
62	for reimbursement for travel and per diem expenses;
63	requiring the council to advise the department on matters
64	relating to standards and practices in the wrecker
65	industry; authorizing the department to adopt rules;
66	requiring wrecker companies to register with the
67	department; providing requirements for registration
68	renewal; providing requirements for advertisements;
69	requiring insurance coverage; authorizing the department
70	to deny registration under certain circumstances;
71	establishing a certification program for wrecker
72	operators; requiring the department to approve courses and
73	organizations; providing requirements for examinations;
74	providing for certification in specialized wrecker
75	services; requiring the department to adopt rules;
76	providing for certification cards to be issued to wrecker
77	operators who complete the certification course and pass
78	the examination; prohibiting the performance of wrecker
79	services after a specified date unless the company is
80	registered and obtains certification as required;
81	authorizing the department to inspect employment records;
82	providing requirements for continuing education;
83	specifying prohibited acts; providing administrative,
84	civil, and criminal penalties; providing for registration
85	fees; providing for deposit of fees, penalties, and other
86	funds; providing that the chapter does not apply to
87	recovery agents; authorizing counties and municipalities
88	to enact ordinances governing wrecker operators; amending
89	s. 713.78, F.S., relating to liens for recovering, towing,
90	or storing vehicles and vessels; providing definitions;
91	conforming provisions to changes made by the act;
92	providing for attorney's fees to be awarded to the
93	prevailing party for a frivolous claim of wrongful taking
94	or claim of lien; providing immunity from liability for a
95	wrecker company, its operators, and other employees or
96	agents if services are performed with reasonable care or
97	for complying with the directions of a law enforcement
98	officer; providing for the owner of a vehicle, vessel, or
99	mobile home to dispute a claim of lien by a wrecker
100	company based on a record of sale; clarifying that the
101	amendments made by the act do not affect the validity of
102	prior liens; amending s. 715.07, F.S., relating to the
103	towing of vehicles and vessels parked on real property
104	without permission; providing definitions; providing for
105	the towing and removal of vehicles and vessels under
106	certain circumstances; conforming provisions to changes
107	made by the act; providing requirements for towing and
108	storage; prohibiting a property owner from soliciting a
109	wrecker company for a rebate for the privilege of removing
110	vehicles from the owner's property; providing immunity
111	from liability for a wrecker company, its operators, and
112	other employees or agents if services are performed with
113	reasonable care; providing that failure to comply with
114	notice requirements precludes a wrecker company from
115	imposing certain towing or storage charges; providing
116	penalties; repealing s. 1.01(15), F.S., relating to the
117	definition of the term "wrecker operator"; providing an
118	appropriation and authorizing additional positions;
119	providing effective dates.
120
121	Be It Enacted by the Legislature of the State of Florida:
122
123	Section 1. Effective January 1, 2004, paragraph (b) of
124	subsection (8) of section 120.80, Florida Statutes, is amended
125	to read:
126	120.80 Exceptions and special requirements; agencies.--
127	(8) DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES.--
128	(b) Wrecker companiesoperators.--Notwithstanding s.
129	120.57(1)(a), hearings held by the Division of the Florida
130	Highway Patrol of the Department of Highway Safety and Motor
131	Vehicles to deny, suspend, or remove a wrecker companyoperator
132	from participating in the wrecker allocationrotationsystem
133	established underbys. 321.051 need not be conducted by an
134	administrative law judge assigned by the division. These
135	hearings shall be held by a hearing officer appointed by the
136	director of the Division of the Florida Highway Patrol.
137	Section 2. Effective January 1, 2004, section 205.1975,
138	Florida Statutes, is created to read:
139	205.1975 Wrecker companies; consumer protection.--A county
140	or municipality may not issue or renew an occupational license
141	for the operation of a wrecker company under chapter 508 unless
142	the wrecker company exhibits a current registration from the
143	Department of Agriculture and Consumer Services.
144	Section 3. Subsection (3) of section 316.061, Florida
145	Statutes, is amended to read:
146	316.061 Crashes involving damage to vehicle or property.--
147	(3)(a)Employees or authorized agents of the Department of
148	Transportation, law enforcement with proper jurisdiction, or an
149	expressway authority created pursuant to chapter 348, in the
150	exercise, management, control, and maintenance of its highway
151	system, may undertake the removal from the main traveled way of
152	roads on its highway system of all vehicles incapacitated as a
153	result of a motor vehicle crash and of debris caused thereby.
154	Such removal is applicable when such a motor vehicle crash
155	results only in damage to a vehicle or other property, and when
156	such removal can be accomplished safely and will result in the
157	improved safety or convenience of travel upon the road. The
158	driver or any other person who has removed a motor vehicle from
159	the main traveled way of the road as provided in this section
160	shall not be considered liable or at fault regarding the cause
161	of the accident solely by reason of moving the vehicle.
162	(b) Employees or authorized agents of an authorized or
163	unauthorized wrecker company, as defined in s. 321.051 or s.
164	323.002, may remove a vehicle or vehicle cargo from a public
165	road without consent of the owner or operator of the vehicle or
166	vehicle cargo upon request of a law enforcement officer as
167	defined in s. 112.531, a sheriff or deputy sheriff as defined in
168	s. 30.072, or a firefighter as defined in s. 112.81. The
169	employee or authorized agent of the wrecker company, its wrecker
170	operators, and other employees or agents of the wrecker company,
171	the law enforcement officer, sheriff, or deputy sheriff, the
172	firefighters and emergency medical services providers, and other
173	entities identified under this subsection are not liable for any
174	property damages or claims of damage for the removal if the
175	vehicle or vehicle cargo is removed to improve safety or
176	convenience of travel on the road.
177	Section 4. Subsection (3) of section 316.530, Florida
178	Statutes, is amended to read:
179	316.530 Towing requirements.--
180	(3) Whenever a motor vehicle becomes disabled upon the
181	highways of this state and a wrecker or tow truckis required to
182	remove it to a repair shop or other appropriate location, if the
183	combined weights of those two vehicles and the loads thereon
184	exceed the maximum allowable weights as established by s.
185	316.535, no penalty shall be assessed either vehicle or driver.
186	However, this exception shall not apply to the load limits for
187	bridges and culverts established by the department as provided
188	in s. 316.555.
189	Section 5. For the purpose of incorporating the amendment
190	made by this act to section 320.01, Florida Statutes, in
191	references thereto, subsection (4) of section 316.550, Florida
192	Statutes, is reenacted to read:
193	316.550 Operations not in conformity with law; special
194	permits.--
195	(4)(a) The Department of Transportation may issue a
196	wrecker special blanket permit to authorize a wrecker as defined
197	in s. 320.01(40) to tow a disabled vehicle as defined in s.
198	320.01(38) where the combination of the wrecker and the disabled
199	vehicle being towed exceeds the maximum weight limits as
200	established by s. 316.535.
201	(b) The Department of Transportation must supply the
202	permitted wrecker with a map showing the routes on which the
203	wrecker may safely tow disabled vehicles for all special permit
204	classifications for which the wrecker applies.
205	Section 6. Subsection (1) of section 316.605, Florida
206	Statutes, is amended to read:
207	316.605 Licensing of vehicles.--
208	(1) Every vehicle, at all times while driven, stopped, or
209	parked upon any highways, roads, or streets of this state, shall
210	be licensed in the name of the owner thereof in accordance with
211	the laws of this state unless such vehicle is not required by
212	the laws of this state to be licensed in this state and shall,
213	except as otherwise provided in s. 320.0706 for front-end
214	registration license plates on truck tractors or wreckers,
215	display the license plate or both of the license plates assigned
216	to it by the state, one on the rear and, if two, the other on
217	the front of the vehicle, each to be securely fastened to the
218	vehicle outside the main body of the vehicle in such manner as
219	to prevent the plates from swinging, with all letters, numerals,
220	printing, writing, and other identification marks upon the
221	plates clear and distinct and free from defacement, mutilation,
222	grease, and other obscuring matter, so that they will be plainly
223	visible and legible at all times 100 feet from the rear or
224	front. In addition, if only one registration plate is issued for
225	a motor vehicle that is equipped with a mechanical loading
226	device that may damage the plate, the plate may be attached to
227	the front of the vehicle.Nothing shall be placed upon the face
228	of a Florida plate except as permitted by law or by rule or
229	regulation of a governmental agency. No license plates other
230	than those furnished by the state shall be used. However, if
231	the vehicle is not required to be licensed in this state, the
232	license plates on such vehicle issued by another state, by a
233	territory, possession, or district of the United States, or by a
234	foreign country, substantially complying with the provisions
235	hereof, shall be considered as complying with this chapter. A
236	government license plate that is issued to a truck tractor or
237	heavy truck having a gross vehicle weight of 26,001 pounds or
238	more which is owned by a governmental entity may be placed on
239	the front of the vehicle and is in compliance with this chapter.
240	A violation of this subsection is a noncriminal traffic
241	infraction, punishable as a nonmoving violation as provided in
242	chapter 318.
243	Section 7. Subsection (40) of section 320.01, Florida
244	Statutes, is amended to read:
245	320.01 Definitions, general.--As used in the Florida
246	Statutes, except as otherwise provided, the term:
247	(40) "Wrecker" means a tow truck or otheranymotor
248	vehicle that is used to tow, carry, or otherwise transport motor
249	vehicles or vessels upon the streets and highways of this state
250	and that is equipped for that purpose with a boom, winch, car
251	carrier, or other similar equipment.
252	Section 8. Effective January 1, 2004, subsection (8) of
253	section 320.03, Florida Statutes, is amended to read:
254	320.03 Registration; duties of tax collectors;
255	International Registration Plan.--
256	(8) If the applicant's name appears on the list referred
257	to in s. 316.1001(4), s. 316.1967(6), or s. 713.78(13), a
258	license plate or revalidation sticker may not be issued until
259	that person's name no longer appears on the list or until the
260	person presents a receipt from the clerk showing that the fines
261	outstanding have been paid. The tax collector and the clerk of
262	the court are each entitled to receive monthly, as costs for
263	implementing and administering this subsection, 10 percent of
264	the civil penalties and fines recovered from such persons. As
265	used in this subsection, the term "civil penalties and fines"
266	does not include a wrecker company'soperator'slien as
267	described in s. 713.78(13). If the tax collector has private tag
268	agents, such tag agents are entitled to receive a pro rata share
269	of the amount paid to the tax collector, based upon the
270	percentage of license plates and revalidation stickers issued by
271	the tag agent compared to the total issued within the county.
272	The authority of any private agent to issue license plates shall
273	be revoked, after notice and a hearing as provided in chapter
274	120, if he or she issues any license plate or revalidation
275	sticker contrary to the provisions of this subsection. This
276	section applies only to the annual renewal in the owner's birth
277	month of a motor vehicle registration and does not apply to the
278	transfer of a registration of a motor vehicle sold by a motor
279	vehicle dealer licensed under this chapter, except for the
280	transfer of registrations which is inclusive of the annual
281	renewals. This section does not affect the issuance of the title
282	to a motor vehicle, notwithstanding s. 319.23(7)(b).
283	Section 9. Section 320.0706, Florida Statutes, is amended
284	to read:
285	320.0706 Display of license plates on trucks.--The owner
286	of any commercial truck of gross vehicle weight of 26,001 pounds
287	or more shall display the registration license plate on both the
288	front and rear of the truck in conformance with all the
289	requirements of s. 316.605 that do not conflict with this
290	section. However, the owner of a truck tractor or a wrecker must
291	shall be required todisplay the registration license plate only
292	on the front of such vehicle.
293	Section 10. For the purpose of incorporating the amendment
294	made by this act to section 320.01, Florida Statutes, in
295	references thereto, paragraphs (d) and (e) of subsection (5) of
296	section 320.08, Florida Statutes, are reenacted to read:
297	320.08 License taxes.--Except as otherwise provided
298	herein, there are hereby levied and imposed annual license taxes
299	for the operation of motor vehicles, mopeds, motorized bicycles
300	as defined in s. 316.003(2), and mobile homes, as defined in s.
301	320.01, which shall be paid to and collected by the department
302	or its agent upon the registration or renewal of registration of
303	the following:
304	(5) SEMITRAILERS, FEES ACCORDING TO GROSS VEHICLE WEIGHT;
305	SCHOOL BUSES; SPECIAL PURPOSE VEHICLES.--
306	(d) A wrecker, as defined in s. 320.01(40), which is used
307	to tow a vessel as defined in s. 327.02(36), a disabled,
308	abandoned, stolen-recovered, or impounded motor vehicle as
309	defined in s. 320.01(38), or a replacement motor vehicle as
310	defined in s. 320.01(39): $30 flat.
311	(e) A wrecker, as defined in s. 320.01(40), which is used
312	to tow any motor vehicle, regardless of whether or not such
313	motor vehicle is a disabled motor vehicle as defined in s.
314	320.01(38), a replacement motor vehicle as defined in s.
315	320.01(39), a vessel as defined in s. 327.02(36), or any other
316	cargo, as follows:
317	1. Gross vehicle weight of 10,000 pounds or more, but less
318	than 15,000 pounds: $87 flat.
319	2. Gross vehicle weight of 15,000 pounds or more, but less
320	than 20,000 pounds: $131 flat.
321	3. Gross vehicle weight of 20,000 pounds or more, but less
322	than 26,000 pounds: $186 flat.
323	4. Gross vehicle weight of 26,000 pounds or more, but less
324	than 35,000 pounds: $240 flat.
325	5. Gross vehicle weight of 35,000 pounds or more, but less
326	than 44,000 pounds: $300 flat.
327	6. Gross vehicle weight of 44,000 pounds or more, but less
328	than 55,000 pounds: $572 flat.
329	7. Gross vehicle weight of 55,000 pounds or more, but less
330	than 62,000 pounds: $678 flat.
331	8. Gross vehicle weight of 62,000 pounds or more, but less
332	than 72,000 pounds: $800 flat.
333	9. Gross vehicle weight of 72,000 pounds or more: $979
334	flat.
335	Section 11. Subsection (1) of section 320.0821, Florida
336	Statutes, is amended, and a new subsection (5) is added to that
337	section, to read:
338	320.0821 Wrecker license plates.--
339	(1) The department shall issue oneawrecker license
340	plate, regardless of gross vehicle weight,to the owner of any
341	motor vehicle that is used to tow, carry, or otherwise transport
342	motor vehicles and that is equipped for that purpose with a
343	boom, winch, carrier, or other similar equipment, except a motor
344	vehicle registered under the International Registration Plan,
345	upon application and payment of the appropriate license tax and
346	fees in accordance with s. 320.08(5)(d) or (e).
347	(5) A wrecker license plate must be displayed on the front
348	of such vehicle.
349	Section 12. Effective January 1, 2004, subsection (1) of
350	section 320.0821, Florida Statutes, as amended by this act, is
351	amended to read:
352	320.0821 Wrecker license plates.--
353	(1) The department shall issue one wrecker license plate,
354	regardless of gross vehicle weight, to the owner of a wrecker
355	any motor vehicle that is used to tow, carry, or otherwise
356	transport motor vehicles and that is equipped for that purpose
357	with a boom, winch, carrier, or other similar equipment, except
358	a motor vehicle registered under the International Registration
359	Plan,upon application and payment of the appropriate license
360	tax and fees in accordance with s. 320.08(5)(d) or (e). However,
361	the department may issue or renew a wrecker license plate only
362	if the owner of the wrecker is a wrecker company registered
363	under chapter 508. This section does not apply to a motor
364	vehicle registered under the International Registration Plan.
365	Section 13. Paragraph (a) of subsection (1) of section
366	320.13, Florida Statutes, is amended to read:
367	320.13 Dealer and manufacturer license plates and
368	alternative method of registration.--
369	(1)(a) Any licensed motor vehicle dealer and any licensed
370	mobile home dealer may, upon payment of the license tax imposed
371	by s. 320.08(12), secure one or more dealer license plates,
372	which are valid for use on motor vehicles or mobile homes owned
373	by the dealer to whom such plates are issued while the motor
374	vehicles are in inventory and for sale, or while being operated
375	in connection with such dealer's business, but are not valid for
376	use for hire. Dealer license plates may not be used on any tow
377	truck or wrecker as defined in s. 320.01 unless the tow truck or
378	wrecker is being demonstrated for sale, and the dealer license
379	plates may not be used on a vehicle used to transport another
380	motor vehicle for the motor vehicle dealer.
381	Section 14. Effective January 1, 2004, section 321.051,
382	Florida Statutes, is amended to read:
383	(Substantial rewording of section. See
384	s. 321.051, F.S., for present text.)
385	321.051 Florida Highway Patrol wrecker allocation system;
386	penalties for operation outside of system.--
387	(1) As used in this section, the term:
388	(a) "Division" means the Division of the Florida Highway
389	Patrol within the Department of Highway Safety and Motor
390	Vehicles.
391	(b) "Authorized wrecker company" means a wrecker company
392	designated by the division as part of its wrecker allocation
393	system.
394	(c) "Unauthorized wrecker company" means a wrecker company
395	not designated by the division as part of its wrecker allocation
396	system.
397	(d) "Wrecker company" has the same meaning ascribed in s.
398	508.01.
399	(e) "Wrecker operator" has the same meaning ascribed in s.
400	508.01.
401	(f) "Wrecker services" has the same meaning ascribed in s.
402	508.01.
403	(2)(a) The division may establish within areas designated
404	by the division a wrecker allocation system, using qualified,
405	reputable wrecker companies, for the removal from crash scenes
406	and the storage of wrecked or disabled vehicles when the owner
407	or operator is incapacitated, unavailable, or leaves the
408	procurement of wrecker services to the officer at the scene and
409	for the removal and storage of abandoned vehicles.
410	(b) The wrecker allocation system may use only wrecker
411	companies registered under chapter 508. Each reputable wrecker
412	company registered under chapter 508 is eligible for use in the
413	system if its equipment and wrecker operators meet the
414	recognized safety qualifications and mechanical standards set by
415	the division's rules for the size of vehicle they are designed
416	to handle. The division may limit the number of wrecker
417	companies participating in the wrecker allocation system.
418	(c) The division may establish maximum rates for the
419	towing and storage of vehicles removed at the division's request
420	if those rates are not established by a county or municipality
421	under s. 125.0103 or s. 166.043. These rates are not rules for
422	the purpose of chapter 120; however, the Department of Highway
423	Safety and Motor Vehicles shall adopt rules prescribing the
424	procedures for setting these rates.
425	(d) Notwithstanding chapter 120, a final order of the
426	department denying, suspending, or revoking a wrecker company's
427	participation in the wrecker allocation system may be appealed
428	only in the manner and within the time provided by the Florida
429	Rules of Appellate Procedure by a writ of certiorari issued by
430	the circuit court in the county in which the wrecker company's
431	primary place of business is located, as evidenced by the
432	wrecker company's registration under chapter 508.
433	(3)(a) An unauthorized wrecker company, its wrecker
434	operators, or its other employees or agents may not monitor a
435	police radio for communications between patrol field units and
436	the dispatcher in order to determine the location of a wrecked
437	or disabled vehicle for the purpose of dispatching its wrecker
438	operator to drive by the scene of the vehicle in a manner
439	described in paragraph (b) or paragraph (c). Any person who
440	violates this paragraph commits a noncriminal violation,
441	punishable as provided in s. 775.083.
442	(b) A wrecker operator dispatched by an unauthorized
443	wrecker company may not drive by the scene of a wrecked or
444	disabled vehicle before the arrival of the wrecker operator
445	dispatched by the authorized wrecker company, initiate contact
446	with the owner or operator of the vehicle by soliciting or
447	offering wrecker services, or tow the vehicle. Any person who
448	violates this paragraph commits a misdemeanor of the second
449	degree, punishable as provided in s. 775.082 or s. 775.083.
450	(c) When a wrecker operator dispatched by an unauthorized
451	wrecker company drives by the scene of a wrecked or disabled
452	vehicle and the owner or operator initiates contact by signaling
453	the wrecker operator to stop and provide wrecker services, the
454	wrecker operator must disclose to the owner or operator of the
455	vehicle that he or she was not dispatched by the authorized
456	wrecker company designated as part of the wrecker allocation
457	system and must disclose, in writing, what charges for towing
458	and storage will apply before the vehicle is connected to the
459	towing apparatus. Any person who violates this paragraph commits
460	a misdemeanor of the second degree, punishable as provided in s.
461	775.082 or s. 775.083.
462	(d) A wrecker operator may not falsely identify himself or
463	herself as being part of, or as being employed by a wrecker
464	company that is part of, the wrecker allocation system at the
465	scene of a wrecked or disabled vehicle. Any person who violates
466	this paragraph commits a misdemeanor of the first degree,
467	punishable as provided in s. 775.082 or s. 775.083.
468	(4) This section does not prohibit, or in any way prevent,
469	the owner or operator of a vehicle involved in a crash or
470	otherwise disabled from contacting any wrecker company for the
471	provision of wrecker services, regardless of whether the wrecker
472	company is an authorized wrecker company or not. However, if a
473	law enforcement officer determines that the disabled vehicle or
474	vehicle cargo is a public safety hazard, the officer may, in the
475	interest of public safety, dispatch an authorized wrecker
476	company if the officer believes that the authorized wrecker
477	company would arrive at the scene before the wrecker company
478	requested by the owner or operator of the disabled vehicle or
479	vehicle cargo.
480	(5) A law enforcement officer may dispatch an authorized
481	wrecker company out of rotation to the scene of a wrecked or
482	disabled vehicle if the authorized wrecker company next on
483	rotation is not equipped to provide the required wrecker
484	services and the out-of-rotation authorized wrecker company is
485	available with the required equipment. However, this subsection
486	does not prohibit or prevent the owner or operator of a vehicle
487	involved in a crash or otherwise disabled from contacting any
488	wrecker company who is properly equipped to provide the required
489	wrecker services, regardless of whether the wrecker company is
490	an authorized wrecker company or not, unless the law enforcement
491	officer determines that the wrecked or disabled vehicle is a
492	public safety hazard and the officer believes that the
493	authorized wrecker company would arrive at the scene before the
494	wrecker company requested by the owner or operator.
495	Section 15. Effective January 1, 2004, section 323.001,
496	Florida Statutes, is amended to read:
497	(Substantial rewording of section. See
498	s. 323.001, F.S., for present text.)
499	323.001 Wrecker company storage facilities; vehicle
500	holds.--
501	(1) As used in this section, the term:
502	(a) "Business day" means a day other than a Saturday,
503	Sunday, or federal or state legal holiday.
504	(b) "Wrecker company" has the same meaning ascribed in s.
505	508.01.
506	(2) A law enforcement agency may place a hold on a motor
507	vehicle stored within a wrecker company's storage facility for 5
508	business days, thereby preventing a motor vehicle from being
509	released to its owner.
510	(3) To extend a hold, the law enforcement agency must
511	notify the wrecker company in writing within the 5 business
512	days. If notification is not made within the 5 business days,
513	the wrecker company must release the vehicle to the designated
514	person under s. 713.78.
515	(a) If the hold is extended beyond the 5 business days,
516	the law enforcement agency may have the vehicle removed to a
517	designated impound lot, in which event the vehicle may not be
518	released by the law enforcement agency to the owner or
519	lienholder of the vehicle until proof of payment of the towing
520	and storage charges incurred by the wrecker company is presented
521	to the law enforcement agency.
522	(b) If the law enforcement agency chooses to have the
523	vehicle remain at the wrecker company's storage facility for
524	more than 5 business days under the written notification, the
525	law enforcement agency is responsible for paying the storage
526	charges incurred by the wrecker company for the requested
527	extended period. In such an event, the owner or lienholder is
528	responsible for paying the accrued towing and storage charges
529	for the first 5 business days, or any period less than the first
530	5 business days, if the law enforcement agency moves the vehicle
531	from the wrecker company's storage facility to a designated
532	impound lot or provides written notification to extend the hold
533	on the vehicle before the expiration of the 5 business days.
534	(c) The towing and storage rates for the owner or
535	lienholder of the held vehicle may not exceed the rates for the
536	law enforcement agency.
537	(4) If there is a judicial finding of no probable cause
538	for having continued the immobilization or impoundment, the law
539	enforcement agency ordering the hold must pay the accrued
540	charges for any towing and storage.
541	(5) The requirements for a written hold apply when the
542	following conditions are present:
543	(a) The law enforcement officer has probable cause to
544	believe that the vehicle should be seized and forfeited under
545	the Florida Contraband Forfeiture Act, ss. 932.701-932.707;
546	(b) The law enforcement officer has probable cause to
547	believe that the vehicle should be seized and forfeited under
548	chapter 370 or chapter 372;
549	(c) The law enforcement officer has probable cause to
550	believe that the vehicle was used as the means of committing a
551	crime;
552	(d) The law enforcement officer has probable cause to
553	believe that the vehicle is itself evidence that tends to show
554	that a crime has been committed or that the vehicle contains
555	evidence, which cannot readily be removed, which tends to show
556	that a crime has been committed;
557	(e) The law enforcement officer has probable cause to
558	believe that the vehicle was involved in a traffic accident
559	resulting in death or personal injury and should be sealed for
560	investigation and collection of evidence by a vehicular homicide
561	investigator;
562	(f) The vehicle is impounded or immobilized under s.
563	316.193 or s. 322.34; or
564	(g) The law enforcement officer is complying with a court
565	order.
566	(6) The hold must be in writing and must specify:
567	(a) The name and agency of the law enforcement officer
568	placing the hold on the vehicle.
569	(b) The date and time the hold is placed on the vehicle.
570	(c) A general description of the vehicle, including its
571	color, make, model, body style, and year; VIN (Vehicle
572	Identification Number); registration license plate number,
573	state, and year; and validation sticker number, state, and year.
574	(d) The specific reason for placing the hold.
575	(e) The condition of the vehicle.
576	(f) The location where the vehicle is being held.
577	(g) The name, address, and telephone number of the wrecker
578	company and the storage facility.
579	(7) A wrecker company's storage facility must comply with
580	a hold placed by a law enforcement officer, including
581	instructions for inside or outside storage. A wrecker company's
582	storage facility may not release a motor vehicle subject to a
583	hold to any person except as directed by the law enforcement
584	agency placing the hold.
585	(8) When a vehicle owner is found guilty of, or pleads
586	nolo contendere to, the offense that resulted in a hold being
587	placed on his or her vehicle, regardless of the adjudication of
588	guilt, the owner must pay the accrued towing and storage charges
589	assessed against the vehicle.
590	Section 16. Effective January 1, 2004, section 323.002,
591	Florida Statutes, is amended to read:
592	(Substantial rewording of section. See
593	s. 323.002, F.S., for present text.)
594	323.002 County and municipal wrecker allocation systems;
595	penalties for operation outside of system.--
596	(1) As used in this section, the term:
597	(a) "Authorized wrecker company" means a wrecker company
598	designated as part of the wrecker allocation system established
599	by the governmental unit having jurisdiction over the scene of a
600	wrecked or disabled vehicle.
601	(b) "Unauthorized wrecker company" means a wrecker company
602	not designated as part of the wrecker allocation system
603	established by the governmental unit having jurisdiction over
604	the scene of a wrecked or disabled vehicle.
605	(c) "Wrecker allocation system" means a system for the
606	towing or removal of wrecked, disabled, or abandoned vehicles,
607	similar to the Florida Highway Patrol wrecker allocation system
608	described in s. 321.051(2), under which a county or municipality
609	contracts with one or more wrecker companies registered under
610	chapter 508 for the towing or removal of wrecked, disabled, or
611	abandoned vehicles from accident scenes, streets, or highways.
612	Each wrecker allocation system must use a method for
613	apportioning the towing assignments among the eligible wrecker
614	companies through the creation of geographic zones, a rotation
615	schedule, or a combination of these methods.
616	(d) "Wrecker company" has the same meaning ascribed in s.
617	508.01.
618	(e) "Wrecker operator" has the same meaning ascribed in s.
619	508.01.
620	(f) "Wrecker services" has the same meaning ascribed in s.
621	508.01.
622	(2) In a county or municipality that operates a wrecker
623	allocation system:
624	(a) The wrecker allocation system may only use wrecker
625	companies registered under chapter 508.
626	(b) An unauthorized wrecker company, its wrecker
627	operators, or its other employees or agents may not monitor a
628	police radio for communications between patrol field units and
629	the dispatcher in order to determine the location of a wrecked
630	or disabled vehicle for the purpose of dispatching its wrecker
631	operator to drive by the scene of the vehicle in a manner
632	described in paragraph (c) or paragraph (d). Any person who
633	violates this paragraph commits a noncriminal violation,
634	punishable as provided in s. 775.083.
635	(c) A wrecker operator dispatched by an unauthorized
636	wrecker company may not drive by the scene of a wrecked or
637	disabled vehicle before the arrival of the wrecker operator
638	dispatched by the authorized wrecker company, initiate contact
639	with the owner or operator of the vehicle by soliciting or
640	offering wrecker services, or tow the vehicle. Any person who
641	violates this paragraph commits a misdemeanor of the second
642	degree, punishable as provided in s. 775.082 or s. 775.083.
643	(d) When a wrecker operator dispatched by an unauthorized
644	wrecker company drives by the scene of a wrecked or disabled
645	vehicle and the owner or operator initiates contact by signaling
646	the wrecker operator to stop and provide wrecker services, the
647	wrecker operator must disclose to the owner or operator of the
648	vehicle that he or she was not dispatched by the authorized
649	wrecker company designated as part of the wrecker allocation
650	system and must disclose, in writing, what charges for towing
651	and storage will apply before the vehicle is connected to the
652	towing apparatus. Any person who violates this paragraph commits
653	a misdemeanor of the second degree, punishable as provided in s.
654	775.082 or s. 775.083.
655	(e) A wrecker operator may not falsely identify himself or
656	herself as being part of, or as being employed by, a wrecker
657	company that is part of the wrecker allocation system at the
658	scene of a wrecked or disabled vehicle. Any person who violates
659	this paragraph commits a misdemeanor of the first degree,
660	punishable as provided in s. 775.082 or s. 775.083.
661	(3) This section does not prohibit, or in any way prevent,
662	the owner or operator of a vehicle involved in a crash or
663	otherwise disabled from contacting any wrecker company for the
664	provision of wrecker services, regardless of whether the wrecker
665	company is an authorized wrecker company or not. However, if a
666	law enforcement officer determines that the disabled vehicle or
667	vehicle cargo is a public safety hazard, the officer may, in the
668	interest of public safety, dispatch an authorized wrecker
669	company if the officer believes that the authorized wrecker
670	company would arrive at the scene before the wrecker company
671	requested by the owner or operator of the disabled vehicle or
672	vehicle cargo.
673	(4) A law enforcement officer may dispatch an authorized
674	wrecker company out of rotation to the scene of a wrecked or
675	disabled vehicle if the authorized wrecker company next on
676	rotation is not equipped to provide the required wrecker
677	services and the out-of-rotation authorized wrecker company is
678	available with the required equipment. However, this subsection
679	does not prohibit or prevent the owner or operator of a vehicle
680	involved in a crash or otherwise disabled from contacting any
681	wrecker company that is properly equipped to provide the
682	required wrecker services, regardless of whether the wrecker
683	company is an authorized wrecker company or not, unless the law
684	enforcement officer determines that the wrecked or disabled
685	vehicle is a public safety hazard and the officer believes that
686	the authorized wrecker company would arrive at the scene before
687	the wrecker company requested by the owner or operator.
688	Section 17. Chapter 508, Florida Statutes, consisting of
689	sections 508.01, 508.02, 508.03, 508.04, 508.05, 508.06, 508.07,
690	508.08, 508.09, 508.10, 508.11, 508.12, 508.13, 508.14, 508.15,
691	508.16, 508.17, 508.18, and 508.19, Florida Statutes, is created
692	to read:
693	CHAPTER 508
694	WRECKER SERVICES
695	508.01 Definitions.--As used in this chapter, the term:
696	(1) "Business entity" means any form of corporation,
697	limited liability company, partnership, association,
698	cooperative, joint venture, business trust, sole proprietorship,
699	or self-employed person conducting business in this state.
700	(2) "Council" means the Wrecker Operator Advisory Council.
701	(3) "Department" means the Department of Agriculture and
702	Consumer Services.
703	(4) "Specialized wrecker services" means those wrecker
704	services described in s. 508.08 for which a wrecker operator
705	must have an endorsement to perform those services.
706	(5) "Ultimate equitable owner" means a natural person who,
707	directly or indirectly, owns or controls 10 percent or more of
708	an ownership interest in a wrecker company, regardless of
709	whether the natural person owns or controls the ownership
710	interest through one or more natural persons or one or more
711	proxies, powers of attorney, nominees, business entities, or any
712	combination thereof.
713	(6) "Vehicle" means any vehicle of a type that may be
714	registered under chapter 320 for operation on the roads of this
715	state, regardless of whether the vehicle is actually registered.
716	The term does not include a mobile home or manufactured home as
717	defined in s. 320.01.
718	(7) "Vessel" means every description of watercraft, barge,
719	and air boat used or capable of being used as a means of
720	transportation on water, other than a seaplane or a documented
721	vessel as defined in s. 327.02.
722	(8) "Wrecker" has the same meaning ascribed in s. 320.01.
723	(9) "Wrecker company" means a business entity engaged for
724	hire in the business of towing, carrying, or transporting
725	vehicles or vessels by wrecker upon the streets and highways of
726	this state. The term does not include a person regularly engaged
727	in the business of transporting mobile homes.
728	(10) "Wrecker operator" means a person who performs
729	wrecker services.
730	(11) "Wrecker services" means towing, carrying, or
731	otherwise transporting vehicles or vessels by wrecker upon the
732	streets and highways of this state for hire. The term includes,
733	but is not limited to, each of the following:
734	(a) Driving a wrecker.
735	(b) Loading, securing, and unloading a vehicle or vessel
736	on a wrecker using a boom, winch, car carrier, or other similar
737	equipment.
738	(c) Towing or removal of a wrecked, disabled, or abandoned
739	vehicle under the Florida Highway Patrol wrecker allocation
740	system pursuant to s. 321.051 or under a county or municipal
741	wrecker allocation system pursuant to s. 323.002.
742	(d) Towing, recovery, or removal of a vehicle or vessel
743	under s. 713.78.
744	(e) Towing, transportation, or removal of a vehicle or
745	vessel parked on real property without permission under s.
746	715.07.
747	(f) Recovery of a vehicle or vessel.
748	508.02 Wrecker Operator Advisory Council.--
749	(1) The Wrecker Operator Advisory Council is created
750	within the department. The council shall advise and assist the
751	department in administering this chapter.
752	(2)(a) The council shall be composed of six members
753	appointed by the Commissioner of Agriculture. In addition, the
754	executive director of the Professional Wrecker Operators of
755	Florida, Inc., shall serve ex officio as a voting member of the
756	council.
757	(b) Three members of the council must each be an ultimate
758	equitable owner of a wrecker company who has been an ultimate
759	equitable owner of that company for at least 5 years before his
760	or her appointment; one member must be a wrecker operator who is
761	not an ultimate equitable owner of a wrecker company and who has
762	been a wrecker operator for at least 5 years before his or her
763	appointment; and two members must be laypersons. Each member
764	must be a resident of this state. This paragraph expires July 1,
765	2009.
766	(c) Effective July 1, 2009, three members of the council
767	must each be an ultimate equitable owner of a wrecker company
768	registered under this chapter who has been an ultimate equitable
769	owner of that company registered for at least 5 years before his
770	or her appointment; one member must be a wrecker operator
771	certified under this chapter who is not an ultimate equitable
772	owner of a wrecker company and who has been a wrecker operator
773	certified for at least 5 years before his or her appointment;
774	and two members must be laypersons. Each member must be a
775	resident of this state.
776	(3) The term of each member of the council is 4 years,
777	except, to establish staggered terms, two members who are owners
778	of wrecker companies and one layperson shall be appointed
779	initially for 2-year terms. Members may be reappointed for
780	additional terms not to exceed 8 years of consecutive service. A
781	vacancy shall be filled for the remainder of the unexpired term
782	in the same manner as the original appointment.
783	(4)(a) From among its members, the council shall annually
784	elect a chair, who shall preside over the meetings of the
785	council, and a vice chair.
786	(b) In conducting its meetings, the council shall use
787	accepted rules of procedure. The department shall keep a
788	complete record of each meeting which must show the names of
789	members present and the actions taken. These records and other
790	documents about matters within the jurisdiction of the council
791	must be kept on file with the department.
792	(5) The members of the council shall serve without
793	compensation but are entitled to reimbursement of travel and per
794	diem expenses under s. 112.061.
795	(6) The department shall provide administrative and staff
796	support services relating to the functions of the council.
797	(7) The council shall review the rules adopted by the
798	department to administer this chapter and shall advise the
799	department on matters relating to industry standards and
800	practices and other issues that require technical expertise and
801	consultation or that promote better consumer protection in the
802	wrecker industry.
803	508.03 Rulemaking authority.--The department may adopt
804	rules under ss. 120.536(1) and 120.54 to administer this
805	chapter.
806	508.04 Wrecker companies; registration
807	required.--Effective January 1, 2004:
808	(1) A person may not own, operate, solicit business,
809	advertise wrecker services, or otherwise engage for hire in the
810	business of a wrecker company in this state unless that person
811	is registered with the department under this chapter.
812	(2) A person applying for or renewing a local occupational
813	license to engage for hire in the business of a wrecker company
814	must exhibit a current registration certificate from the
815	department before the local occupational license may be issued
816	or reissued under chapter 205.
817	(3) This section does not apply to a motor vehicle repair
818	shop registered with the department under s. 559.904 that
819	derives at least 80 percent of its gross sales from motor
820	vehicle repairs.
821	508.05 Registration requirements; renewal of
822	registrations.--
823	(1) Each wrecker company engaged or attempting to engage
824	for hire in the business of towing, carrying, or transporting
825	vehicles, vessels, or mobile homes by wrecker upon the streets
826	and highways of this state must annually register with the
827	department on forms prescribed by the department. The
828	application for registration must include at least the following
829	information:
830	(a) The name and federal employer identification number of
831	the wrecker company.
832	(b) The mailing address, physical address, and telephone
833	number of the wrecker company's primary place of business.
834	(c) The fictitious name under which the wrecker company
835	transacts business in this state.
836	(d) The full name, residence address, business address,
837	and telephone number of the applicant. If the applicant is other
838	than a natural person, the application must also contain the
839	full name, residence address, business address, telephone
840	number, and federal employer identification number, if
841	applicable, of each ultimate equitable owner of the business
842	entity and each officer, director, partner, manager, member, or
843	managing member of the entity.
844	(e) If the applicant is other than a natural person, the
845	full name of the business entity's registered agent and the
846	address of the registered office for service of process.
847	(f) The physical address and telephone number of each
848	business location and each storage facility where the wrecker
849	company stores towed vehicles, vessels, or mobile homes.
850	(2) Each initial and renewal application for registration
851	must be accompanied by the registration fee prescribed in s.
852	508.16.
853	(3) Each initial application for registration must be
854	accompanied by a complete set of the applicant's fingerprints
855	taken by an authorized law enforcement officer. If the applicant
856	is other than a natural person, a complete set of fingerprints
857	must also be filed for each ultimate equitable owner of the
858	business entity and each officer, director, partner, manager,
859	member, or managing member of the entity. The department shall
860	submit the fingerprints to the Department of Law Enforcement for
861	state processing, and the Department of Law Enforcement shall
862	forward the fingerprints to the Federal Bureau of Investigation
863	for national processing. The applicant must also pay the cost of
864	fingerprint processing. Registration renewal applications need
865	not be accompanied by a set of fingerprints for an individual
866	who previously submitted a set of fingerprints to the department
867	as part of a prior year's registration application.
868	(4) The department shall review each application in
869	accordance with s. 120.60 and shall issue a registration
870	certificate, in the form and size prescribed by the department,
871	to each wrecker company whose application is approved. The
872	certificate must show at least the name and address of the
873	wrecker company and the registration number. The registration
874	certificate must be prominently displayed in the wrecker
875	company's primary place of business.
876	(5) Each advertisement of a wrecker company must include
877	the phrase "Fla. Wrecker Co. Reg. No......."
878	(6) A registration is invalid for a wrecker company
879	transacting business at a place other than the location
880	designated in the registration application unless the department
881	is first notified in writing before the change of location. A
882	registration issued under this chapter is not transferable or
883	assignable, and a wrecker company may not conduct business under
884	a name other than as registered. A wrecker company desiring to
885	change its registered name, location, or registered agent for
886	service of process at a time other than upon renewal of
887	registration must notify the department of the change.
888	(7)(a) Each registration must be renewed annually on or
889	before the expiration date of the current registration. A late
890	fee of $25 must be paid, in addition to the registration fee or
891	any other penalty, for a registration renewal application that
892	is received by the department after the expiration date of the
893	current registration. The department may not issue a
894	registration until all fees are paid.
895	(b) A wrecker company whose primary place of business is
896	located within a county or municipality that requires, by local
897	ordinance, a local occupational license under chapter 205 may
898	not renew a license under this chapter unless the wrecker
899	company obtains the occupational license from the county or
900	municipality.
901	(8) Each wrecker company must provide the department with
902	a certificate of insurance for the required insurance coverage
903	under s. 627.7415 before the department may issue the
904	registration certificate for an initial or renewal registration.
905	The department must be named as a certificateholder on the
906	insurance certificate and must be notified at least 30 days
907	before any change in insurance coverage.
908	(9) The department shall report each change in the
909	registration status of a wrecker company, including, but not
910	limited to, the initial registration and the renewal,
911	revocation, cancellation, or refusal to renew a registration, to
912	the Department of Highway Safety and Motor Vehicles within 5
913	days after the effective date of the change in the registration
914	status.
915	508.06 Denial of registration.--The department may deny,
916	revoke, or refuse to renew the registration of a wrecker company
917	based upon a determination that the applicant or, if the
918	applicant is other than a natural person, the wrecker company or
919	any of its ultimate equitable owners, officers, directors,
920	partners, managers, members, or managing members has:
921	(1) Not met the requirements for registration under this
922	chapter;
923	(2) Been convicted of, found guilty of, or pled guilty or
924	nolo contendere to, regardless of the adjudication of guilt, a
925	felony within the last 10 years;
926	(3) Been convicted of, found guilty of, or pled guilty or
927	nolo contendere to, regardless of the adjudication of guilt, a
928	crime within the last 10 years involving repossession of a motor
929	vehicle under chapter 493; repair of a motor vehicle under ss.
930	559.901-559.9221; theft of a motor vehicle under s. 812.014;
931	carjacking under s. 812.133; operation of a chop shop under s.
932	812.16; failure to maintain records of motor vehicle parts and
933	accessories under s. 860.14; airbag theft or use of fake airbags
934	under s. 860.145 or s. 860.146; overcharging for repairs and
935	parts under s. 860.15; or a violation of towing or storage
936	requirements for a motor vehicle under s. 321.051, chapter 323,
937	s. 713.78, s. 715.07, or this chapter;
938	(4) Not satisfied a civil fine or penalty arising out of
939	an administrative or enforcement action brought by the
940	department, another governmental agency, or a private person
941	based upon conduct involving a violation of this chapter;
942	(5) Pending against him or her a criminal, administrative,
943	or enforcement proceeding in any jurisdiction based upon conduct
944	involving a violation of this chapter; or
945	(6) A judgment entered against him or her in an action
946	brought by the department under this chapter.
947	508.07 Wrecker operator certification program.--
948	(1) The department, in consultation with the council,
949	shall establish a wrecker operator certification program by
950	December 31, 2003. Under this program, the council shall approve
951	certification courses for wrecker operators conducted by
952	approved organizations. The council shall prescribe the minimum
953	curricula for these courses, which must comprise at least 16
954	hours, equally apportioned between theoretical instruction and
955	practical training. The council must approve each organization
956	and its certification course before the course is accepted for
957	certification of wrecker operators under this chapter.
958	(2) Each approved wrecker operator certification course
959	must include a certification examination demonstrating a wrecker
960	operator's knowledge, skills, and abilities in performing
961	wrecker services and in the instruction and training of the
962	certification course. The council must approve each
963	certification examination before the examination is accepted for
964	certification of wrecker operators under this chapter.
965	(3) Each organization conducting an approved wrecker
966	operator certification course must issue on forms prescribed by
967	the department a certificate to each wrecker operator who
968	completes the approved certification course or who passes the
969	approved certification examination.
970	508.08 Specialized wrecker services.--
971	(1) In addition to the minimum curricula for certification
972	of wrecker operators, each approved certification course must
973	offer optional instruction, training, and examination of wrecker
974	operators for each of the following specialized wrecker
975	services:
976	(a) Light duty.--Towing and winching a passenger vehicle,
977	and uprighting such an overturned vehicle, including the proper
978	use of chains, wire rope, and straps.
979	(b) Medium duty.--Towing and winching a medium-sized
980	commercial vehicle, and uprighting such an overturned vehicle.
981	(c) Heavy duty.--Towing and winching a standard large-
982	sized commercial vehicle, and uprighting such an overturned
983	vehicle.
984	(d) Ultra-heavy duty.--Towing and winching a specialty
985	large-sized commercial vehicle or another complex vehicle, and
986	uprighting such an overturned vehicle.
987	(e) Rollback wrecker.--Proper loading, securing,
988	transporting, and unloading of a vehicle on a flatbed-rollback
989	wrecker.
990	(f) Hazardous materials.--Awareness of hazardous
991	materials. Instruction and training for this wrecker service
992	must comprise at least 8 hours in order to be approved.
993	(g) Air cushions.--Proper use of air cushions in the
994	recovery of a heavy-duty vehicle.
995	(2) The department shall adopt rules prescribing specific
996	standards to further define each of the specialized wrecker
997	services described in subsection (1). The council must approve
998	the instruction, training, and examination for a specialized
999	wrecker service before the specialized wrecker service is
1000	accepted for endorsement of a wrecker operator's certification
1001	under this chapter.
1002	(3) Each organization conducting an approved wrecker
1003	operator certification course must issue on forms prescribed by
1004	the department a certificate to each wrecker operator who
1005	completes the approved instruction and training for a
1006	specialized wrecker service or who passes the approved
1007	endorsement examination for that specialized wrecker service.
1008	508.09 Certification cards.--
1009	(1) Each organization conducting an approved wrecker
1010	operator certification course must issue a certification card to
1011	each wrecker operator who completes the approved certification
1012	course and passes the approved certification examination. The
1013	department must approve the form of the certification cards
1014	issued by each organization. Each certification card must
1015	include the wrecker operator's name, a color photograph or
1016	digital image of the wrecker operator, and the expiration date
1017	of the certification card.
1018	(2) Each certification card must also include the wrecker
1019	operator's applicable endorsements for specialized wrecker
1020	services, for which the wrecker operator completed the approved
1021	instruction and training for the specialized wrecker service and
1022	passed the approved endorsement examination for that specialized
1023	wrecker service.
1024	(3) The department may adopt rules governing the issuance
1025	of a certification card to a wrecker operator who:
1026	(a) Completes a certification course and passes a
1027	certification examination in another state which are
1028	substantially equivalent to the approved certification courses
1029	and approved certification examinations in this state.
1030	(b) Completed a certification course and passed a
1031	certification examination in this state between January 1, 1999,
1032	and December 31, 2003, which are substantially equivalent to the
1033	approved certification courses and approved certification
1034	examinations in this state. This paragraph expires July 1, 2004.
1035	(c) Completed instruction and training for a specialized
1036	wrecker service and passed an endorsement examination for
1037	specialized wrecker service between January 1, 1999, and
1038	December 31, 2003, which are substantially equivalent to the
1039	approved instruction and training and the approved endorsement
1040	examinations in this state. This paragraph expires July 1, 2004.
1041
1042	For the purposes of this subsection, the council shall approve
1043	each certification examination in another state and shall
1044	approve the instruction, training, and examination for each
1045	specialized wrecker service in another state that the council
1046	determines are substantially equivalent to the approved
1047	certification courses and approved certification examinations in
1048	this state or to the approved instruction, training, and
1049	endorsement examinations for a specialized wrecker service in
1050	this state.
1051	(4) Each certification card expires 5 years after the date
1052	of issuance.
1053	(5) Certification cards shall be issued by the
1054	organizations conducting approved wrecker operator certification
1055	courses. The department is not responsible for issuing
1056	certification cards or for the costs associated with the
1057	issuance of certification cards.
1058	508.10 Wrecker operators; certification required;
1059	inspection of employment records.--Effective January 1, 2004:
1060	(1) A person may not perform wrecker services in this
1061	state unless he or she is an employee or ultimate equitable
1062	owner of a wrecker company that is registered with the
1063	department under this chapter and those wrecker services are
1064	performed on behalf of the wrecker company.
1065	(2)(a) A person may not perform wrecker services or
1066	specialized wrecker services for a wrecker company for more than
1067	6 months after first being employed by, or becoming an ultimate
1068	equitable owner of, the wrecker company without being certified
1069	as a wrecker operator under this chapter.
1070	(b) A wrecker operator certified under this chapter may
1071	not perform a specialized wrecker service for a wrecker company
1072	unless the wrecker operator's certification includes an
1073	endorsement for that specialized wrecker service.
1074	(3)(a) Notwithstanding subsections (1) and (2), a person
1075	may perform wrecker services or specialized wrecker services in
1076	this state if he or she is an employee or ultimate equitable
1077	owner of a motor vehicle repair shop registered with the
1078	department under s. 559.904 and those wrecker services or
1079	specialized wrecker services are performed on behalf of the
1080	motor vehicle repair shop.
1081	(b) Notwithstanding subsections (1) and (2), a person may
1082	perform wrecker services or specialized wrecker services in this
1083	state if those wrecker services or specialized wrecker services
1084	are performed on behalf of a religious organization that holds a
1085	current exemption from federal taxation, or that is not required
1086	to apply for recognition of its exemption, under s. 501 of the
1087	Internal Revenue Code.
1088	(4) The department may, at any time during business hours,
1089	enter any business location of a wrecker company and examine the
1090	company’s books or records. If the department reasonably
1091	believes a violation of this chapter has occurred or is
1092	occurring, the department may subpoena any necessary books or
1093	records.
1094	508.11 Renewal of certification; continuing education
1095	requirements.--The department may prescribe by rule continuing
1096	education requirements of up to 8 hours for the renewal of a
1097	wrecker operator's certification.
1098	508.12 Prohibited acts.--It is a violation of this chapter
1099	for a wrecker company, its wrecker operators, or other employees
1100	or agents of the wrecker company to:
1101	(1) Charge rates that exceed the maximum rates imposed by
1102	the ordinances of the respective county or municipality under
1103	ss. 125.0103(1)(c) and 166.043(1)(c).
1104	(2) Violate s. 321.051, relating to the Florida Highway
1105	Patrol wrecker allocation system.
1106	(3) Violate s. 323.002, relating to county and municipal
1107	wrecker allocation systems.
1108	(4) Violate s. 713.78, relating to liens for recovering,
1109	towing, or storing vehicles and vessels.
1110	(5) Violate s. 715.07, relating to towing or removing
1111	vehicles and vessels parked on real property without permission.
1112	(6) Refuse to allow a law enforcement officer to inspect a
1113	towing and storage facility, as required in s. 812.055.
1114	(7) Allow a person who is not certified as a wrecker
1115	operator under this chapter to perform wrecker services or
1116	specialized wrecker services for the wrecker company for more
1117	than 6 months after first being employed by, or becoming an
1118	ultimate equitable owner of, the wrecker company.
1119	(8) Allow a wrecker operator certified under this chapter
1120	to perform a specialized wrecker service for the wrecker company
1121	if the wrecker operator's certification does not include an
1122	endorsement for that specialized wrecker service.
1123	(9) Perform an act otherwise prohibited by this chapter or
1124	fail to perform an act otherwise required by this chapter.
1125	508.13 Administrative penalties; inspection of records.--
1126	(1) The department may order one or more of the following
1127	if the department finds that a wrecker company has violated this
1128	chapter or the rules or orders issued under this chapter:
1129	(a) Issue a notice of noncompliance under s. 120.695.
1130	(b) Impose an administrative fine not to exceed $5,000 for
1131	each act or omission.
1132	(c) Direct the wrecker company to cease and desist
1133	specified activities.
1134	(d) Refuse to register the wrecker company or suspend or
1135	revoke the wrecker company's registration.
1136	(e) Place the wrecker company on probation for a period of
1137	time, subject to the conditions specified by the department.
1138	(2) Chapter 120 shall govern an administrative proceeding
1139	resulting from an order imposing a penalty specified in
1140	subsection (1).
1141	508.14 Civil penalties.--The department may bring a civil
1142	action in a court of competent jurisdiction to recover any
1143	penalties or damages allowed in this chapter and for injunctive
1144	relief to enforce compliance with this chapter. The department
1145	may seek a civil penalty of up to $5,000 for each violation of
1146	this chapter and may seek restitution for and on behalf of any
1147	owner of a vehicle, vessel, or mobile home who is aggrieved or
1148	injured by a violation of this chapter.
1149	508.15 Criminal penalties.--Effective July 1, 2004:
1150	(1) A person who violates s. 508.04(1) by operating a
1151	wrecker company in this state without being registered with the
1152	department under this chapter commits a felony of the third
1153	degree, punishable as provided in s. 775.082, s. 775.083, or s.
1154	775.084.
1155	(2) A person who violates s. 508.10(1) by performing
1156	wrecker services in this state without being an employee or
1157	ultimate equitable owner of a wrecker company that is registered
1158	with the department under this chapter commits a felony of the
1159	third degree, punishable as provided in s. 775.082, s. 775.083,
1160	or s. 775.084.
1161	508.16 Fees.--The department shall adopt by rule a fee
1162	schedule not to exceed the following amounts:
1163	(1) Wrecker company registration fee: $425.
1164	(2) Wrecker company registration renewal fee: $425.
1165	508.17 General Inspection Trust Fund; payments.--All fees,
1166	penalties, or other funds collected by the department under this
1167	chapter must be deposited in the General Inspection Trust Fund
1168	and may only be used for the purpose of administering this
1169	chapter.
1170	508.18 Recovery agents; exemption.--This chapter does not
1171	apply to a person licensed under chapter 493 performing
1172	repossession services.
1173	508.19 County and municipal ordinances.--A county or
1174	municipality may enact ordinances governing the business of
1175	transporting vehicles or vessels by wrecker which are more
1176	restrictive than this chapter. This section does not limit the
1177	authority of a political subdivision to impose regulatory fees
1178	or charges or to levy occupational license taxes under chapter
1179	205.
1180	Section 18. Subsection (13) of section 713.78, Florida
1181	Statutes, is amended to read:
1182	713.78 Liens for recovering, towing, or storing vehicles
1183	and vessels.--
1184	(13)(a) Upon receipt by the Department of Highway Safety
1185	and Motor Vehicles of written notice from a wrecker operator who
1186	claims a wrecker operator's lien under paragraph (2)(c) or
1187	paragraph (2)(d) for recovery, towing, or storage of an
1188	abandoned vehicle, vessel, or mobile home upon instructions from
1189	any law enforcement agency, for which a certificate of
1190	destruction has been issued under subsection (11), the
1191	department shall place the name of the registered owner of that
1192	vehicle, vessel, or mobile home on the list of those persons who
1193	may not be issued a license plate or revalidation sticker for
1194	any motor vehicle under s. 320.03(8). If the vehicle, vessel, or
1195	mobile home is owned jointly by more than one person, the name
1196	of each registered owner shall be placed on the list. The notice
1197	of wrecker operator's lien shall be submitted on forms provided
1198	by the department, which must include:
1199	1. The name, address, and telephone number of the wrecker
1200	operator.
1201	2. The name of the registered owner of the vehicle,
1202	vessel, or mobile home and the address to which the wrecker
1203	operator provided notice of the lien to the registered owner
1204	under subsection (4).
1205	3. A general description of the vehicle, vessel, or mobile
1206	home, including its color, make, model, body style, and year.
1207	4. The vehicle identification number (VIN); registration
1208	license plate number, state, and year; validation decal number,
1209	state, and year; mobile home sticker number, state, and year;
1210	vessel registration number; hull identification number; or other
1211	identification number, as applicable.
1212	5. The name of the person or the corresponding law
1213	enforcement agency that requested that the vehicle, vessel, or
1214	mobile home be recovered, towed, or stored.
1215	6. The amount of the wrecker operator's lien, not to
1216	exceed the amount allowed by paragraph (b).
1217	(b) For purposes of this subsection only, the amount of
1218	the wrecker operator's lien for which the department will
1219	prevent issuance of a license plate or revalidation sticker may
1220	not exceed the amount of the charges for recovery, towing, and
1221	storage of the vehicle, vessel, or mobile home for 7 days. These
1222	charges may not exceed the maximum rates imposed by the
1223	ordinances of the respective county or municipality under ss.
1224	125.0103(1)(c) and 166.043(1)(c). This paragraph does not limit
1225	the amount of a wrecker operator's lien claimed under subsection
1226	(2) or prevent a wrecker operator from seeking civil remedies
1227	for enforcement of the entire amount of the lien, but limits
1228	only that portion of the lien for which the department will
1229	prevent issuance of a license plate or revalidation sticker.
1230	(c)1. The registered owner of a vehicle, vessel, or mobile
1231	home may dispute a wrecker operator's lien, by notifying the
1232	department of the dispute in writing on forms provided by the
1233	department, if at least one of the following applies:
1234	a. The registered owner presents a notarized bill of sale
1235	proving that the vehicle, vessel, or mobile home was sold in a
1236	private or casual sale before the vehicle, vessel, or mobile
1237	home was recovered, towed, or stored.
1238	b. The registered owner presents proof that the Florida
1239	certificate of title of the vehicle, vessel, or mobile home was
1240	sold to a licensed dealer as defined in s. 319.001 before the
1241	vehicle, vessel, or mobile home was recovered, towed, or stored.
1242	c. The records of the department were marked to indicate
1243	that the vehicle, vessel, or mobile home was sold before the
1244	issuance of the certificate of destruction under subsection
1245	(11).
1246
1247	If the registered owner's dispute of a wrecker operator's lien
1248	complies with one of these criteria, the department shall
1249	immediately remove the registered owner's name from the list of
1250	those persons who may not be issued a license plate or
1251	revalidation sticker for any motor vehicle under s. 320.03(8),
1252	thereby allowing issuance of a license plate or revalidation
1253	sticker. If the vehicle, vessel, or mobile home is owned jointly
1254	by more than one person, each registered owner must dispute the
1255	wrecker operator's lien in order to be removed from the list.
1256	However, the department shall deny any dispute and maintain the
1257	registered owner's name on the list of those persons who may not
1258	be issued a license plate or revalidation sticker for any motor
1259	vehicle under s. 320.03(8) if the wrecker operator has provided
1260	the department with a certified copy of the judgment of a court
1261	which orders the registered owner to pay the wrecker operator's
1262	lien claimed under this section. In such a case, the amount of
1263	the wrecker operator's lien allowed by paragraph (b) may be
1264	increased to include no more than $500 of the reasonable costs
1265	and attorney's fees incurred in obtaining the judgment. The
1266	department's action under this subparagraph is ministerial in
1267	nature, shall not be considered final agency action, and may be
1268	appealedis appealableonly to the county court for the county
1269	in which the vehicle, vessel, or mobile home was ordered
1270	removed.
1271	2. A person against whom a wrecker operator's lien has
1272	been imposed may alternatively obtain a discharge of the lien by
1273	filing a complaint, challenging the validity of the lien or the
1274	amount thereof, in the county court of the county in which the
1275	vehicle, vessel, or mobile home was ordered removed. Upon filing
1276	of the complaint, the person may have her or his name removed
1277	from the list of those persons who may not be issued a license
1278	plate or revalidation sticker for any motor vehicle under s.
1279	320.03(8), thereby allowing issuance of a license plate or
1280	revalidation sticker, upon posting with the court a cash or
1281	surety bond or other adequate security equal to the amount of
1282	the wrecker operator's lien to ensure the payment of such lien
1283	in the event she or he does not prevail. Upon the posting of the
1284	bond and the payment of the applicable fee set forth in s.
1285	28.24, the clerk of the court shall issue a certificate
1286	notifying the department of the posting of the bond and
1287	directing the department to release the wrecker operator's lien.
1288	Upon determining the respective rights of the parties, the court
1289	may award damages and costs in favor of the prevailing party.
1290	3. If a person against whom a wrecker operator's lien has
1291	been imposed does not object to the lien, but cannot discharge
1292	the lien by payment because the wrecker operator has moved or
1293	gone out of business, the person may have her or his name
1294	removed from the list of those persons who may not be issued a
1295	license plate or revalidation sticker for any motor vehicle
1296	under s. 320.03(8), thereby allowing issuance of a license plate
1297	or revalidation sticker, upon posting with the clerk of court in
1298	the county in which the vehicle, vessel, or mobile home was
1299	ordered removed, a cash or surety bond or other adequate
1300	security equal to the amount of the wrecker operator's lien.
1301	Upon the posting of the bond and the payment of the application
1302	fee set forth in s. 28.24, the clerk of the court shall issue a
1303	certificate notifying the department of the posting of the bond
1304	and directing the department to release the wrecker operator's
1305	lien. The department shall mail to the wrecker operator, at the
1306	address upon the lien form, notice that the wrecker operator
1307	must claim the security within 60 days, or the security will be
1308	released back to the person who posted it. At the conclusion of
1309	the 60 days, the department shall direct the clerk as to which
1310	party is entitled to payment of the security, less applicable
1311	clerk's fees.
1312	4. A wrecker operator's lien expires 5 years after filing.
1313	(d) Upon discharge of the amount of the wrecker operator's
1314	lien allowed by paragraph (b), the wrecker operator must issue a
1315	certificate of discharged wrecker operator's lien on forms
1316	provided by the department to each registered owner of the
1317	vehicle, vessel, or mobile home attesting that the amount of the
1318	wrecker operator's lien allowed by paragraph (b) has been
1319	discharged. Upon presentation of the certificate of discharged
1320	wrecker operator's lien by the registered owner, the department
1321	shall immediately remove the registered owner's name from the
1322	list of those persons who may not be issued a license plate or
1323	revalidation sticker for any motor vehicle under s. 320.03(8),
1324	thereby allowing issuance of a license plate or revalidation
1325	sticker. Issuance of a certificate of discharged wrecker
1326	operator's lien under this paragraph does not discharge the
1327	entire amount of the wrecker operator's lien claimed under
1328	subsection (2), but only certifies to the department that the
1329	amount of the wrecker operator's lien allowed by paragraph (b),
1330	for which the department will prevent issuance of a license
1331	plate or revalidation sticker, has been discharged.
1332	(e) When a wrecker operator files a notice of wrecker
1333	operator's lien under this subsection, the department shall
1334	charge the wrecker operator a fee of $2, which mustshallbe
1335	deposited into the Florida Motor Vehicle Theft Prevention Trust
1336	Fund established under s. 860.158. A service charge of $2.50
1337	shall be collected and retained by the tax collector who
1338	processes a notice of wrecker operator's lien.
1339	(f) This subsection applies only to the annual renewal in
1340	the registered owner's birth month of a motor vehicle
1341	registration and does not apply to the transfer of a
1342	registration of a motor vehicle sold by a motor vehicle dealer
1343	licensed under chapter 320, except for the transfer of
1344	registrations which is inclusive of the annual renewals. This
1345	subsection does not apply to any vehicle registered in the name
1346	of a lessor.This subsection does not affect the issuance of the
1347	title to a motor vehicle, notwithstanding s. 319.23(7)(b).
1348	(g) The Department of Highway Safety and Motor Vehicles
1349	may adopt rules underpursuant toss. 120.536(1) and 120.54 to
1350	implement this subsection.
1351	Section 19. Effective January 1, 2004, section 713.78,
1352	Florida Statutes, as amended by this act, is amended to read:
1353	713.78 Liens for recovering, towing, or storing vehicles
1354	and vessels.--
1355	(1) As used inFor the purposes ofthis section, the term:
1356	(a) "Business day" means a day other than a Saturday,
1357	Sunday, or federal or state legal holiday.
1358	(b) "Mobile home" means a mobile home or manufactured home
1359	as those terms are defined in s. 320.01.
1360	(c) "Property owner" has the same meaning ascribed in s.
1361	715.07.
1362	(d)(a) "Vehicle" has the same meaning ascribed in s.
1363	508.01means any mobile item, whether motorized or not, which is
1364	mounted on wheels.
1365	(e)(b) "Vessel" has the same meaning ascribed in s. 508.01
1366	means every description of watercraft, barge, and air boat used
1367	or capable of being used as a means of transportation on water,
1368	other than a seaplane or a "documented vessel" as defined in s.
1369	327.02(8).
1370	(f)(c) "Wrecker" has the same meaning ascribed in s.
1371	320.01means any truck or other vehicle which is used to tow,
1372	carry, or otherwise transport motor vehicles or vessels upon the
1373	streets and highways of this state and which is equipped for
1374	that purpose with a boom, winch, car carrier, or other similar
1375	equipment.
1376	(g) "Wrecker company" has the same meaning ascribed in s.
1377	508.01.
1378	(h) "Wrecker operator" has the same meaning ascribed in s.
1379	508.01.
1380	(2) Whenever a wrecker company registered under chapter
1381	508, or aperson regularly engaged in the business of
1382	transporting mobile homes,vehicles or vessels by wrecker, tow
1383	truck, or car carrierrecovers, removes, or stores a vehicle,
1384	vessel, or mobile home upon instructions from:
1385	(a) The owner of the vehicle or vesselthereof; or
1386	(b) The property owner or lessor, or a person authorized
1387	by the owner or lessor, of real property on which thesuch
1388	vehicle is wrongfully parked without permission, and thesuch
1389	removal is done in compliance with s. 715.07; or
1390	(c) AAnylaw enforcement agency; or
1391	(d) A mobile home park owner as defined in s. 723.003 who
1392	has a current writ of possession for a mobile home lot under
1393	pursuant tos. 723.061,
1394
1395	the wrecker company, or the person regularly engaged in the
1396	business of transporting mobile homes, hasshe or he shall have
1397	a lien on thesuch vehicle,or vessel, or mobile homefor a
1398	reasonable towing fee and for a reasonable storage fee; except
1399	that ano storage fee may notshall be charged if asuch vehicle
1400	or vessel is stored forless than 6 hours.
1401	(3) This section does not authorize any person to claim a
1402	lien on a vehicle for fees or charges connected with the
1403	immobilization of asuchvehicle using a vehicle boot or other
1404	similar device underpursuant tos. 715.07.
1405	(4)(a) Any wrecker company, or anyperson regularly
1406	engaged in the business of transporting mobile homes, that
1407	recovering, towing, or storing vehicles or vessels whocomes
1408	into possession of a vehicle,or vessel, or mobile home under
1409	pursuant to subsection (2), and thatwhoclaims a lien for
1410	recovery, towing, or storage services, mustshallgive notice to
1411	the registered owner, the insurance company insuring the vehicle
1412	notwithstanding the provisions of s. 627.736, and to all persons
1413	claiming a lien on the vehicle, vessel, or mobile homethereon,
1414	as disclosed by the records in the Department of Highway Safety
1415	and Motor Vehicles or of a corresponding agency in any other
1416	state.
1417	(b) Whenever aanylaw enforcement agency authorizes the
1418	removal of a vehicle, or whenever a wrecker companyany towing
1419	service, garage, repair shop, or automotive service, storage, or
1420	parking placenotifies the law enforcement agency of possession
1421	of a vehicle underpursuant tos. 715.07(2)(a)2., the applicable
1422	law enforcement agency shall contact the Department of Highway
1423	Safety and Motor Vehicles, or the appropriate agency of the
1424	state of registration, if known, within 24 hours through the
1425	medium of electronic communications, giving the full description
1426	of the vehicle. Upon receipt of the full description of the
1427	vehicle, the department shall search its files to determine the
1428	owner's name, the insurance company insuring the vehicle, and
1429	whether any person has filed a lien upon the vehicle as provided
1430	in s. 319.27(2) and (3) and notify the applicable law
1431	enforcement agency within 72 hours. The wrecker company must
1432	person in charge of the towing service, garage, repair shop, or
1433	automotive service, storage, or parking place shall obtain this
1434	suchinformation from the applicable law enforcement agency
1435	within 5 days afterfrom the date of storage and mustshallgive
1436	notice underpursuant toparagraph (a). The department may
1437	release the insurance company information to the requestor
1438	notwithstanding the provisions ofs. 627.736.
1439	(c) Notice by certified mail, return receipt requested,
1440	mustshallbe sent within 7 business days after the date of
1441	storage of the vehicle or vessel to the registered owner, the
1442	insurance company insuring the vehicle notwithstanding the
1443	provisions of s. 627.736, and all persons of record claiming a
1444	lien against the vehicle or vessel. The notice mustIt shall
1445	state the fact of possession of the vehicle or vessel, that a
1446	lien as provided in subsection (2) is claimed, that charges have
1447	accrued and the amount of the chargesthereof, that the lien is
1448	subject to enforcement underpursuant to law, andthat the owner
1449	or lienholder, if any, has the right to a hearing as set forth
1450	in subsection (5), and that any vehicle or vessel which remains
1451	unclaimed, or for which the charges for recovery, towing, or
1452	storage services remain unpaid, may be sold free of all prior
1453	liens after 35 days if the vehicle or vessel is more than 3
1454	years of age or after 50 days if the vehicle or vessel is 3
1455	years of age or less.
1456	(d) If the wrecker company is unableattempts to identify
1457	the name oflocate the owner or lienholder prove unsuccessful,
1458	the wrecker company musttowing-storage operator shall, after 7
1459	businessworking days following, excluding Saturday and Sunday,
1460	ofthe initial tow or storage, notify the public agency of
1461	jurisdiction in writing by certified mail or acknowledged hand
1462	delivery that the wreckertowing-storagecompany has been unable
1463	to identify the name oflocatethe owner or lienholder and a
1464	physical search of the vehicle or vessel has disclosed no
1465	ownership information and a good faith effort has been made. For
1466	purposes of this paragraph and subsection (9), the term"good
1467	faith effort" means that the following checks have been
1468	performed by the wreckercompany to establish prior state of
1469	registration and for title:
1470	1. Check of vehicle or vessel for any type of tag, tag
1471	record, temporary tag, or regular tag.
1472	2. Check of law enforcement report for tag number or other
1473	information identifying the vehicle or vessel, if the vehicle or
1474	vessel was towed at the request of a law enforcement officer.
1475	3. Check of trip sheet or tow ticket of the wreckertow
1476	truckoperator to see if a tag was on vehicle at beginning of
1477	tow, if private tow.
1478	4. If there is no address of the owner on the impound
1479	report, check of law enforcement report to see if an out-of-
1480	state address is indicated from driver license information.
1481	5. Check of vehicle or vessel for inspection sticker or
1482	other stickers and decals that may indicate a state of possible
1483	registration.
1484	6. Check of the interior of the vehicle or vessel for any
1485	papers that may be in the glove box, trunk, or other areas for a
1486	state of registration.
1487	7. Check of vehicle for vehicle identification number.
1488	8. Check of vessel for vessel registration number.
1489	9. Check of vessel hull for a hull identification number
1490	which should be carved, burned, stamped, embossed, or otherwise
1491	permanently affixed to the outboard side of the transom or, if
1492	there is no transom, to the outmost seaboard side at the end of
1493	the hull that bears the rudder or other steering mechanism.
1494	(5)(a) The owner of a vehicle,or vessel, or mobile home
1495	removed underpursuant to the provisions ofsubsection (2), or
1496	any person claiming a lien, other than the wrecker company, or
1497	the person regularly engaged in the business of transporting
1498	mobile homestowing-storage operator, within 10 days after the
1499	time she or he has knowledge of the location of the vehicle,or
1500	vessel, or mobile home, may file a complaint in the county court
1501	of the county in which the vehicle,or vessel, or mobile homeis
1502	stored or in which the owner resides to determine if her or his
1503	property was wrongfully taken or withheld from her or him.
1504	(b) Upon filing of a complaint, an owner or lienholder may
1505	have her or his vehicle,or vessel, or mobile homereleased upon
1506	posting with the court a cash or surety bond or other adequate
1507	security equal to the amount of the charges for towing or
1508	storage and lot rental amount to ensure the payment of thesuch
1509	charges in the event she or he does not prevail. Upon the
1510	posting of the bond and the payment of the applicable fee set
1511	forth in s. 28.24, the clerk of the court shall issue a
1512	certificate notifying the lienor of the posting of the bond and
1513	directing the lienor to release the vehicle,or vessel, or
1514	mobile home. At the time of thesuchrelease, after reasonable
1515	inspection, she or he shall give a receipt to the wrecker
1516	towing-storage company, or to the mobile home transport company,
1517	reciting any claims she or he has for loss or damage to the
1518	vehicle,or vessel, or mobile home or to the contents of the
1519	vehicle, vessel, or mobile homethereof.
1520	(c) Upon determining the respective rights of the parties,
1521	the court may award damages and costs toin favor ofthe
1522	prevailing party. The court shall also award reasonable
1523	attorney's fees to the prevailing party if the court finds the
1524	nonprevailing party filed the complaint primarily to harass, for
1525	frivolous purpose, or to needlessly increase the cost of
1526	claiming a lien under this section.In any event,The final
1527	order must requireshall provide forimmediate payment in full
1528	of therecovery, towing, and storage fees by the vehicle or
1529	vessel owner or lienholder; byor the law enforcementagency
1530	ordering the tow; or by the property owner, lessee, or agent
1531	thereof of the realproperty from which the vehicle or vessel
1532	was towed or removed under s. 715.07.
1533	(6) Any vehicle,or vessel, or mobile home thatwhichis
1534	stored underpursuant to subsection (2) and thatwhichremains
1535	unclaimed, or for which reasonable charges for recovery, towing,
1536	or storing remain unpaid or for which a lot rental amount is due
1537	and owing to the mobile home park owner, as evidenced by a
1538	judgment for unpaid rent, and any contents not released under
1539	pursuant to subsection (10), may be sold by the wrecker company,
1540	or the person regularly engaged in the business of transporting
1541	mobile homes, owner or operator of the storage space for the
1542	such towing or storage charge or unpaid lot rental amount after
1543	35 days afterfrom the time the vehicle,or vessel, or mobile
1544	home is stored in the wrecker company's storage facility, or is
1545	stored on site by a mobile home transport company,thereinif
1546	the vehicle or vessel is more than 3 years of age or after50
1547	days afterfollowing the time the vehicle or vessel is stored in
1548	the wrecker company's storage facilitythereinif the vehicle or
1549	vessel is 3 years of age or less. The sale mustshallbe at
1550	public auction for cash. If the date of the sale iswasnot
1551	included in the notice required in subsection (4), notice of the
1552	sale mustshallbe given to the person in whose name the
1553	vehicle, vessel, or mobile home is registered, to the mobile
1554	home park owner, and to all persons claiming a lien on the
1555	vehicle or vessel as shown on the records of the Department of
1556	Highway Safety and Motor Vehicles or of the corresponding agency
1557	in any other state. Notice mustshallbe sent by certified mail,
1558	return receipt requested, to the owner of the vehicle or vessel
1559	and the person having the recorded lien on the vehicle or vessel
1560	at the address shown on the records of the registering agency
1561	and mustshall be mailed at leastnot less than15 days before
1562	the date of the sale. After diligent search and inquiry, if the
1563	name and address of the registered owner or the owner of the
1564	recorded lien cannot be ascertained, the requirements of notice
1565	by mail may be dispensed with. In addition to the notice by
1566	mail, public notice of the time and place of sale mustshallbe
1567	made by publishing a notice of the salethereofone time, at
1568	least 10 days beforeprior tothe date of the sale, in a
1569	newspaper of general circulation in the county in which the sale
1570	is to be held. The proceeds of the sale, after payment of
1571	reasonable towing and storage charges, costs of the sale, and
1572	the unpaid lot rental amount, in that order of priority, must
1573	shallbe deposited with the clerk of the circuit court for the
1574	county if the owner is absent, and the clerk shall hold thesuch
1575	proceeds subject to the claim of the person legally entitled to
1576	those proceedsthereto. The clerk isshall beentitled to
1577	receive 5 percent of thesuchproceeds for the care and
1578	disbursement of the proceedsthereof. The certificate of title
1579	issued under this section mustlaw shallbe discharged of all
1580	liens unless otherwise provided by court order.
1581	(7)(a) A wrecker company, its wrecker operators, and other
1582	employees or agents of the wrecker companyoperatorrecovering,
1583	towing, or storing vehicles or vessels areisnot liable for
1584	damages connected with thosesuch services, theft of thesuch
1585	vehicles or vessels, or theft of personal property contained in
1586	thesuch vehicles or vessels, if thoseprovided that such
1587	services arehave been performed with reasonable care and if
1588	provided, further, that, in the case of removal of a vehicle or
1589	vessel upon the request of a person purporting, and reasonably
1590	appearing, to be the property owner or lessee, or a person
1591	authorized by the owner or lessee, of the realproperty from
1592	which thesuch vehicle or vessel is removed, thesuchremoval
1593	has been done in compliance with s. 715.07. Further, a wrecker
1594	company, its wrecker operators, and other employees or agents of
1595	the wrecker company areoperator isnot liable for damage
1596	connected with thosesuchservices when complying with the
1597	lawful directions of a law enforcement officer to remove a
1598	vehicle stopped, standing, or parked upon a street or highway in
1599	such a position that obstructsas to obstructthe normal
1600	movement of traffic or that createsin such a condition as to
1601	createa hazard to other traffic upon the street or highway.
1602	(b) Employees or authorized agents of the Department of
1603	Transportation or an authorized or unauthorized wrecker company,
1604	as defined in s. 321.051 or s. 323.002, may remove a vehicle or
1605	vehicle cargo from a public road without consent of the owner or
1606	operator of the vehicle or vehicle cargo upon request of a law
1607	enforcement officer as defined in s. 112.531, a sheriff or
1608	deputy sheriff as defined in s. 30.072, or a firefighter as
1609	defined in s. 112.81. The employee or authorized agent of the
1610	Department of Transportation, the wrecker company, its wrecker
1611	operators, and other employees or agents of the wrecker company,
1612	the law enforcement officer, sheriff, or deputy sheriff, and the
1613	firefighters and emergency medical services providers are not
1614	liable for any property damages or claims of damage for the
1615	removal if the vehicle or vehicle cargo is removed because it
1616	presents an imminent public safety hazard.
1617	(c)(b) For the purposes of this subsection, a wrecker
1618	company, its wrecker operators, and other employees or agents of
1619	the wrecker company areoperator ispresumed to use reasonable
1620	care to prevent the theft of a vehicle or vessel or of any
1621	personal property contained in thesuchvehicle stored in the
1622	wrecker company'soperator'sstorage facility if all of the
1623	following apply:
1624	1. The wrecker companyoperatorsurrounds the storage
1625	facility with a chain-link or solid-wall type fence at least 6
1626	feet in height;
1627	2. The wrecker company illuminatesoperator has
1628	illuminatedthe storage facility with lighting of sufficient
1629	intensity to reveal persons and vehicles at a distance of at
1630	least 150 feet during nighttime; and
1631	3. The wrecker companyoperatoruses one or more of the
1632	following security methods to discourage theft of vehicles or
1633	vessels or of any personal property contained in such vehicles
1634	or vessels stored in the wrecker company'soperator'sstorage
1635	facility:
1636	a. A night dispatcher or watchman remains on duty at the
1637	storage facility from sunset to sunrise;
1638	b. A security dog remains at the storage facility from
1639	sunset to sunrise;
1640	c. Security cameras or other similar surveillance devices
1641	monitor the storage facility; or
1642	d. A security guard service examines the storage facility
1643	at least once each hour from sunset to sunrise.
1644	(d)(c)Any law enforcement agency requesting that a motor
1645	vehicle be removed from an accident scene, street, or highway
1646	must conduct an inventory and prepare a written record of all
1647	personal property found in the vehicle before the vehicle is
1648	removed by a wrecker operator. However, if the owner or driver
1649	of the motor vehicle is present and accompanies the vehicle, an
1650	no inventory by law enforcement is not required. A wrecker
1651	company, its wrecker operators, and other employees or agents of
1652	the wrecker company areoperator isnot liable for the loss of
1653	personal property alleged to be contained in such a vehicle when
1654	thesuchpersonal property was not identified on the inventory
1655	record prepared by the law enforcement agency requesting the
1656	removal of the vehicle.
1657	(8) A wrecker company and its wrecker operators, excluding
1658	person regularly engaged in the business of recovering, towing,
1659	or storing vehicles or vessels, excepta person licensed under
1660	chapter 493 while engaged in "repossession" activities as
1661	defined in s. 493.6101, may not operate a wrecker, tow truck, or
1662	car carrierunless the name, address, and telephone number of
1663	the wrecker company performing the wrecker servicesserviceis
1664	clearly printed in contrasting colors on the driver and
1665	passenger sides of the wreckerits vehicle. The name must be in
1666	at least 3-inch permanently affixed letters, and the address and
1667	telephone number must be in at least 1-inch permanently affixed
1668	letters.
1669	(9) Failure to make good faith best efforts to comply with
1670	the notice requirements of this section precludesshall preclude
1671	the imposition of any storage charges against thesuchvehicle
1672	or vessel.
1673	(10) Each wrecker company that providesPersons who
1674	provide services underpursuant to this section mustshall
1675	permit vehicle or vessel owners or their agents, which agency is
1676	evidenced by a writing acknowledged by the owner before a notary
1677	public or other person empowered by law to administer oaths, to
1678	inspect the towed vehicle or vessel and mustshallrelease to
1679	the owner or agent all personal property not affixed to the
1680	vehicle or vessel which was in the vehicle or vessel at the time
1681	the vehicle or vessel came into the custody of the wrecker
1682	companyperson providing thosesuchservices.
1683	(11)(a) A wrecker company thatAny person regularly
1684	engaged in the business of recovering, towing, or storing
1685	vehicles or vessels whocomes into possession of a vehicle or
1686	vessel underpursuant to subsection (2) and that complieswho
1687	has complied with the provisions ofsubsections (3) and (6),
1688	when thesuchvehicle or vessel is to be sold for purposes of
1689	being dismantled, destroyed, or changed in asuchmanner that it
1690	is not the motor vehicle, vessel, or mobile home described in
1691	the certificate of title, mustshallapply to the county tax
1692	collector for a certificate of destruction. A certificate of
1693	destruction, which authorizes the dismantling or destruction of
1694	the vehicle or vessel described on the certificatetherein, is
1695	shall be reassignable no more than twicea maximum of two times
1696	before dismantling or destruction of the vehicle isshall be
1697	required, and the certificate mustshallaccompany the vehicle
1698	or vessel for which it is issued, when thesuchvehicle or
1699	vessel is sold for that purposesuch purposes, in lieu of a
1700	certificate of title. The application for a certificate of
1701	destruction must include an affidavit from the applicant that it
1702	has complied with all applicable requirements of this section
1703	and, if the vehicle or vessel is not registered in this state,
1704	by a statement from a law enforcement officer that the vehicle
1705	or vessel is not reported stolen, and must alsoshallbe
1706	accompanied by any othersuch documentation as may berequired
1707	by the department.
1708	(b) The Department of Highway Safety and Motor Vehicles
1709	shall charge a fee of $3 for each certificate of destruction. A
1710	service charge of $4.25 shall be collected and retained by the
1711	tax collector who processes the application.
1712	(c) The Department of Highway Safety and Motor Vehicles
1713	may adopt such rules to administeras it deems necessary or
1714	proper for the administration ofthis subsection.
1715	(12)(a) Any person who violates any provision of
1716	subsection (1), subsection (2), subsection (4), subsection (5),
1717	subsection (6), or subsection (7) commitsis guilty ofa
1718	misdemeanor of the first degree, punishable as provided in s.
1719	775.082 or s. 775.083.
1720	(b) Any person who violates the provisions ofsubsections
1721	(8) through (11) commitsis guilty ofa felony of the third
1722	degree, punishable as provided in s. 775.082, s. 775.083, or s.
1723	775.084.
1724	(c) Any person who uses a false or fictitious name, gives
1725	a false or fictitious address, or makes any false statement in
1726	any application or affidavit required under the provisions of
1727	this section commitsis guilty ofa felony of the third degree,
1728	punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
1729	(d) Employees of the Department of Highway Safety and
1730	Motor Vehicles and law enforcement officers mayare authorized
1731	to inspect the records of each wrecker company in this stateany
1732	person regularly engaged in the business of recovering, towing,
1733	or storing vehicles or vessels or transporting vehicles or
1734	vessels by wrecker, tow truck, or car carrier,to ensure
1735	compliance with the requirements of this section. Any person who
1736	fails to maintain records, or fails to produce records when
1737	required in a reasonable manner and at a reasonable time,
1738	commits a misdemeanor of the first degree, punishable as
1739	provided in s. 775.082 or s. 775.083.
1740	(13)(a) Upon receipt by the Department of Highway Safety
1741	and Motor Vehicles of written notice from a wrecker company
1742	operator who claims a wrecker company'soperator'slien under
1743	paragraph (2)(c) or paragraph (2)(d) for recovery, towing, or
1744	storage of an abandoned vehicle, vessel, or mobile home upon
1745	instructions from any law enforcement agency, for which a
1746	certificate of destruction has been issued under subsection
1747	(11), the department shall place the name of the registered
1748	owner of that vehicle, vessel, or mobile home on the list of
1749	those persons who may not be issued a license plate or
1750	revalidation sticker for any motor vehicle under s. 320.03(8).
1751	If the vehicle, vessel, or mobile home is owned jointly by more
1752	than one person, the name of each registered owner shall be
1753	placed on the list. The notice of the wrecker company's
1754	operator'slien shall be submitted on forms provided by the
1755	department, which must include:
1756	1. The name, address, and telephone number of the wrecker
1757	companyoperator.
1758	2. The name of the registered owner of the vehicle,
1759	vessel, or mobile home and the address to which the wrecker
1760	companyoperatorprovided notice of the lien to the registered
1761	owner under subsection (4).
1762	3. A general description of the vehicle, vessel, or mobile
1763	home, including its color, make, model, body style, and year.
1764	4. The vehicle identification number (VIN); registration
1765	license plate number, state, and year; validation decal number,
1766	state, and year; mobile home sticker number, state, and year;
1767	vessel registration number; hull identification number; or other
1768	identification number, as applicable.
1769	5. The name of the person or the corresponding law
1770	enforcement agency that requested that the vehicle, vessel, or
1771	mobile home be recovered, towed, or stored.
1772	6. The amount of the wrecker company'soperator'slien,
1773	not to exceed the amount allowed by paragraph (b).
1774	(b) For purposes of this subsection only, the amount of
1775	the wrecker company'soperator'slien for which the department
1776	will prevent issuance of a license plate or revalidation sticker
1777	may not exceed the amount of the charges for recovery, towing,
1778	and storage of the vehicle, vessel, or mobile home for 7 days.
1779	These charges may not exceed the maximum rates imposed by the
1780	ordinances of the respective county or municipality under ss.
1781	125.0103(1)(c) and 166.043(1)(c). This paragraph does not limit
1782	the amount of a wrecker company'soperator'slien claimed under
1783	subsection (2) or prevent a wrecker companyoperatorfrom
1784	seeking civil remedies for enforcement of the entire amount of
1785	the lien, but limits only that portion of the lien for which the
1786	department will prevent issuance of a license plate or
1787	revalidation sticker.
1788	(c)1. The registered owner of a vehicle, vessel, or mobile
1789	home may dispute a wrecker company's or a mobile home transport
1790	company'soperator'slien, by notifying the department of the
1791	dispute in writing on forms provided by the department, if at
1792	least one of the following applies:
1793	a. The registered owner presents a notarized bill of sale
1794	proving that the vehicle, vessel, or mobile home was sold in a
1795	private or casual sale before the vehicle, vessel, or mobile
1796	home was recovered, towed, or stored.
1797	b. The registered owner presents proof that the Florida
1798	certificate of title of the vehicle, vessel, or mobile home was
1799	sold to a licensed dealer as defined in s. 319.001 before the
1800	vehicle, vessel, or mobile home was recovered, towed, or stored.
1801	c. The records of the department were marked to indicate
1802	that the vehicle, vessel, or mobile home was sold before the
1803	issuance of the certificate of destruction under subsection
1804	(11).
1805
1806	If the registered owner's dispute of a wrecker company's or a
1807	mobile home transport company'soperator'slien complies with
1808	one of these criteria, the department shall immediately remove
1809	the registered owner's name from the list of those persons who
1810	may not be issued a license plate or revalidation sticker for
1811	any motor vehicle under s. 320.03(8), thereby allowing issuance
1812	of a license plate or revalidation sticker. If the vehicle,
1813	vessel, or mobile home is owned jointly by more than one person,
1814	each registered owner must dispute the wrecker company's or the
1815	mobile home transport company'soperator'slien in order to be
1816	removed from the list. However, the department shall deny any
1817	dispute and maintain the registered owner's name on the list of
1818	those persons who may not be issued a license plate or
1819	revalidation sticker for any motor vehicle under s. 320.03(8) if
1820	the wrecker companyoperatorhas provided the department with a
1821	certified copy of the judgment of a court which orders the
1822	registered owner to pay the wrecker company'soperator'slien
1823	claimed under this section. In such a case, the amount of the
1824	wrecker company'soperator'slien allowed by paragraph (b) may
1825	be increased to include no more than $500 of the reasonable
1826	costs and attorney's fees incurred in obtaining the judgment.
1827	The department's action under this subparagraph is ministerial
1828	in nature, shall not be considered final agency action, and may
1829	be appealed only to the county court for the county in which the
1830	vehicle, vessel, or mobile home was ordered removed.
1831	2. A person against whom a wrecker company'soperator's
1832	lien has been imposed may alternatively obtain a discharge of
1833	the lien by filing a complaint, challenging the validity of the
1834	lien or the amount thereof, in the county court of the county in
1835	which the vehicle, vessel, or mobile home was ordered removed.
1836	Upon filing of the complaint, the person may have her or his
1837	name removed from the list of those persons who may not be
1838	issued a license plate or revalidation sticker for any motor
1839	vehicle under s. 320.03(8), thereby allowing issuance of a
1840	license plate or revalidation sticker, upon posting with the
1841	court a cash or surety bond or other adequate security equal to
1842	the amount of the wrecker company'soperator'slien to ensure
1843	the payment of such lien in the event she or he does not
1844	prevail. Upon the posting of the bond and the payment of the
1845	applicable fee set forth in s. 28.24, the clerk of the court
1846	shall issue a certificate notifying the department of the
1847	posting of the bond and directing the department to release the
1848	wrecker company'soperator'slien. Upon determining the
1849	respective rights of the parties, the court may award damages
1850	and costs in favor of the prevailing party.
1851	3. If a person against whom a wrecker company'soperator's
1852	lien has been imposed does not object to the lien, but cannot
1853	discharge the lien by payment because the wrecker company
1854	operatorhas moved or gone out of business, the person may have
1855	her or his name removed from the list of those persons who may
1856	not be issued a license plate or revalidation sticker for any
1857	motor vehicle under s. 320.03(8), thereby allowing issuance of a
1858	license plate or revalidation sticker, upon posting with the
1859	clerk of court in the county in which the vehicle, vessel, or
1860	mobile home was ordered removed, a cash or surety bond or other
1861	adequate security equal to the amount of the wrecker company's
1862	operator'slien. Upon the posting of the bond and the payment of
1863	the application fee set forth in s. 28.24, the clerk of the
1864	court shall issue a certificate notifying the department of the
1865	posting of the bond and directing the department to release the
1866	wrecker company'soperator'slien. The department shall mail to
1867	the wrecker companyoperator, at the address upon the lien form,
1868	notice that the wrecker companyoperatormust claim the security
1869	within 60 days, or the security will be released back to the
1870	person who posted it. At the conclusion of the 60 days, the
1871	department shall direct the clerk as to which party is entitled
1872	to payment of the security, less applicable clerk's fees.
1873	4. A wrecker company'soperator'slien expires 5 years
1874	after filing.
1875	(d) Upon discharge of the amount of the wrecker company's
1876	operator's lien allowed by paragraph (b), the wrecker company
1877	operator must issue a certificate of discharged wrecker
1878	company'soperator'slien on forms provided by the department to
1879	each registered owner of the vehicle, vessel, or mobile home
1880	attesting that the amount of the wrecker company'soperator's
1881	lien allowed by paragraph (b) has been discharged. Upon
1882	presentation of the certificate of discharged wrecker company's
1883	operator'slien by the registered owner, the department shall
1884	immediately remove the registered owner's name from the list of
1885	those persons who may not be issued a license plate or
1886	revalidation sticker for any motor vehicle under s. 320.03(8),
1887	thereby allowing issuance of a license plate or revalidation
1888	sticker. Issuance of a certificate of discharged wrecker
1889	company'soperator'slien under this paragraph does not
1890	discharge the entire amount of the wrecker company'soperator's
1891	lien claimed under subsection (2), but only certifies to the
1892	department that the amount of the wrecker company'soperator's
1893	lien allowed by paragraph (b), for which the department will
1894	prevent issuance of a license plate or revalidation sticker, has
1895	been discharged.
1896	(e) When a wrecker companyoperator files a notice of the
1897	wrecker company'soperator'slien under this subsection, the
1898	department shall charge the wrecker companyoperatora fee of
1899	$2, which must be deposited into the Florida Motor Vehicle Theft
1900	Prevention Trust Fund established under s. 860.158. A service
1901	charge of $2.50 shall be collected and retained by the tax
1902	collector who processes a notice of the wrecker company's
1903	operator'slien.
1904	(f) This subsection applies only to the annual renewal in
1905	the registered owner's birth month of a motor vehicle
1906	registration and does not apply to the transfer of a
1907	registration of a motor vehicle sold by a motor vehicle dealer
1908	licensed under chapter 320, except for the transfer of
1909	registrations which is inclusive of the annual renewals. This
1910	subsection does not apply to any vehicle registered in the name
1911	of a lessor. This subsection does not affect the issuance of the
1912	title to a motor vehicle, notwithstanding s. 319.23(7)(b).
1913	(g) The Department of Highway Safety and Motor Vehicles
1914	may adopt rules under ss. 120.536(1) and 120.54 to implement
1915	this subsection.
1916	(14) The amendments to this section made by this act do
1917	not affect the validity of liens established under this section
1918	before January 1, 2004.
1919	Section 20. Effective January 1, 2004, section 715.07,
1920	Florida Statutes, is amended to read:
1921	715.07 Vehicles and vessels parked on realprivate
1922	property without permission; towing.--
1923	(1) As used in this section, the term:
1924	(a) "Property owner" means an owner or lessee of real
1925	property, or a person authorized by the owner or lessee, which
1926	person may be the designated representative of the condominium
1927	association if the real property is a condominium.
1928	(b) "Vehicle" has the same meaning ascribed in s. 508.01
1929	means any mobile item which normally uses wheels, whether
1930	motorized or not.
1931	(c) "Vessel" has the same meaning ascribed in s. 508.01.
1932	(d) "Wrecker company" has the same meaning ascribed in s.
1933	508.01.
1934	(e) "Wrecker operator" has the same meaning ascribed in s.
1935	508.01.
1936	(2) A property ownerThe owner or lessee of real property,
1937	or any person authorized by the owner or lessee, which person
1938	may be the designated representative of the condominium
1939	association if the real property is a condominium, may cause a
1940	any vehicle or vessel parked on her or hissuchproperty without
1941	her or his permission to be removed by a wrecker company
1942	registered under chapter 508person regularly engaged in the
1943	business of towing vehicles, without liability for the costs of
1944	removal, transportation, or storage or damages caused by the
1945	suchremoval, transportation, or storage, under any of the
1946	following circumstances:
1947	(a) The towing or removal of any vehicle or vessel from
1948	realprivateproperty without the consent of the registered
1949	owner or other legally authorized person in control of that
1950	vehicle or vesselis subject to strict compliance with the
1951	following conditions and restrictions:
1952	1.a. Any towed or removed vehicle or vesselmust be stored
1953	at a storage facilitysitewithin 10 miles of the point of
1954	removal in any county of 500,000 population or more, and within
1955	15 miles of the point of removal in any county of less than
1956	500,000 population. The wrecker company's storage facilityThat
1957	site must be open for the purpose of redemption of vehicles and
1958	vessels on any day that the wrecker companyperson or firm
1959	towing thesuch vehicle or vesselis open for towing purposes,
1960	from 88:00 a.m. to 66:00 p.m., and, when closed, mustshall
1961	have prominently posted a sign indicating a telephone number
1962	where the operator of the storage facilitysitecan be reached
1963	at all times. Upon receipt of a telephoned request to open the
1964	storage facilitysite to redeem a vehicle or vessel, the
1965	operator shall return to the storage facilitysitewithin 1 hour
1966	or she or he iswill bein violation of this section.
1967	b. If a wrecker companyno towing business providing such
1968	service is not located within the area of towing limitations set
1969	forthin sub-subparagraph a., the following limitations apply:
1970	any towed or removed vehicle or vessel must be stored at a
1971	storage facilitysitewithin 20 miles of the point of removal in
1972	any county of 500,000 population or more, and within 30 miles of
1973	the point of removal in any county of less than 500,000
1974	population.
1975	2. The wrecker companyperson or firmtowing or removing
1976	the vehicle or vessel mustshall, within 30 minutes afterof
1977	completion of thatsuchtowing or removal, notify the municipal
1978	police department or, in an unincorporated area, the sheriff of
1979	thatsuch towing or removal;, the location of the storage
1980	facility;site, the time the vehicle or vesselwas towed or
1981	removed;,and the make, model, color, and license plate number
1982	of the vehicle or the make, model, color, and registration
1983	number of the vessel. The wrecker company must alsoand shall
1984	obtain the name of the person at that department to whom this
1985	such information iswasreported and note that name on the trip
1986	record.
1987	3. If the registered owner or other legally authorized
1988	person in control of the vehicle or vessel arrives at the scene
1989	beforeprior to removal or towing of the vehicle or vessel is
1990	towed or removed, the wrecker company must disconnect the
1991	vehicle or vesselshall be disconnected from the wreckertowing
1992	or removal apparatus, and must allow that person shall be
1993	allowed to remove the vehicle or vesselwithout interference
1994	upon the payment of a reasonable service fee of not more than
1995	one-half of the posted rate for those servicessuch towing
1996	serviceas provided in subparagraph 6., for which a receipt
1997	shall be given, unless that person refuses to remove the vehicle
1998	or vessel thatwhich is otherwise unlawfully parked or located.
1999	4. A wrecker company, a wrecker operator, or another
2000	employee or agent of a wrecker company may not give aTherebate
2001	or paypayment of money or any other valuable consideration from
2002	the individual or firm towing or removing vehicles to the
2003	property ownerowners or operators of the premises from which a
2004	vehicle or vessel isthe vehicles aretowed or removed, for the
2005	privilege of removing or towing the vehicle or vesselthose
2006	vehicles, is prohibited. A property owner may not solicit a
2007	wrecker company, a wrecker operator, or another employee or
2008	agent of a wrecker company to give her or him a rebate or the
2009	payment of money or other valuable consideration for the
2010	privilege of removing or towing a vehicle from her or his
2011	premises.
2012	5. Except for property appurtenant to and obviously a part
2013	of a single-family residence, and except for instances when
2014	notice is personally given to the owner or other legally
2015	authorized person in control of the vehicle or vesselthat the
2016	area in which that vehicle or vesselis parked is reserved or
2017	otherwise unavailable for unauthorized vehicles or vesselsand
2018	subject to being removed at the owner's or operator's expense,
2019	any property owner or lessee, or person authorized by the
2020	property owner or lessee, beforeprior totowing or removing any
2021	vehicle or vessel from realprivateproperty without the consent
2022	of the owner or other legally authorized person in control of
2023	that vehicle or vessel, must post a notice meeting the following
2024	requirements:
2025	a. The notice must be prominently placed at each driveway
2026	access or curb cut allowing vehicular access to the property,
2027	within 5 feet from the public right-of-way line. If there are
2028	no curbs or access barriers, the signs must be posted not less
2029	than one sign for each 25 feet of lot frontage.
2030	b. The notice must clearly indicate, in not less than 2-
2031	inch high, light-reflective letters on a contrasting background,
2032	that unauthorized vehicles will be towed away at the owner's
2033	expense. The words "tow-away zone" must be included on the sign
2034	in not less than 4-inch high letters.
2035	c. The notice must also provide the name and current
2036	telephone number of the wrecker companyperson or firmtowing or
2037	removing the vehicles, if the property owner, lessee, or person
2038	in control of the real property has a written contract with the
2039	wreckertowingcompany.
2040	d. The sign structure containing the required notices must
2041	be permanently installed with the words "tow-away zone" not less
2042	than 3 feet and not more than 6 feet above ground level and must
2043	be continuously maintained on the property for not less than 24
2044	hours prior to the towing or removal of any vehicles.
2045	e. The local government may require permitting and
2046	inspection of these signs prior to any towing or removal of
2047	vehicles being authorized.
2048	f. A business with 20 or fewer parking spaces satisfies
2049	the notice requirements of this subparagraph by prominently
2050	displaying a sign stating "Reserved Parking for Customers Only
2051	Unauthorized Vehicles Will be Towed Away At the Owner's Expense"
2052	in not less than 4-inch high, light-reflective letters on a
2053	contrasting background.
2054	g. A property owner towing or removing vessels from real
2055	property must post notice, consistent with the requirements in
2056	sub-subparagraphs a.-f. which apply to vehicles, that
2057	unauthorized vehicles or vessels will be towed away at the
2058	owner's expense.
2059
2060	A business owner or lessee may authorize the removal of a
2061	vehicle or vessel by a wreckertowing company registered under
2062	chapter 508 when the vehicle or vessel is parked in sucha
2063	manner that restricts the normal operation of business; and,if
2064	a vehicle or vesselparked on a public right-of-way obstructs
2065	access to a private driveway,the owner, lessee, or agent may
2066	have the vehicle or vessel removed by a wreckertowing company
2067	registered under chapter 508upon signing an order that the
2068	vehicle or vesselbe removed without a posted tow-away zone
2069	sign.
2070	6. Each wrecker companyAny person or firmthat tows or
2071	removes vehicles or vesselsand proposes to require an owner,
2072	operator, or person in control of a vehicle or vesselto pay the
2073	costs of towing and storage prior to redemption of the vehicle
2074	or vesselmust file and keep on record with the local law
2075	enforcement agency a complete copy of the current rates to be
2076	charged for thosesuch services and post at the wrecker
2077	company's storage facilitysitean identical rate schedule and
2078	any written contracts with property owners, lessees, or persons
2079	in control of real property which authorize the wrecker company
2080	such person or firm to remove vehicles or vesselsas provided in
2081	this section.
2082	7. Each wrecker companyAny person or firmtowing or
2083	removing any vehicles or vessels from realprivateproperty
2084	without the consent of the owner or other legally authorized
2085	person in control of the vehicles mustshall, on each wrecker
2086	any trucks, wreckers as defined in s. 320.01s. 713.78(1)(c), or
2087	other vehicles used in thetowing or removal, have the name,
2088	address, and telephone number of the wrecker company performing
2089	such serviceclearly printed in contrasting colors on the driver
2090	and passenger sides of the wreckervehicle. The name mustshall
2091	be in at least 3-inch permanently affixed letters, and the
2092	address and telephone number mustshallbe in at least 1-inch
2093	permanently affixed letters.
2094	8. Vehicle or vessel entry for the purpose of towing or
2095	removing the vehicle or vessel isshall beallowed with
2096	reasonable care byon the part of the wrecker company and the
2097	wrecker operatorsperson or firm towing the vehicle or vessel
2098	for the wrecker company. A wrecker company, its wrecker
2099	operators, and other employees or agents of the wrecker company
2100	are notSuch person or firm shall beliable for any damage
2101	occasioned to the vehicle or vessel if such entry to the vehicle
2102	or vessel is performednot in accordance with the standard of
2103	reasonable care.
2104	9. When a vehicle or vessel ishas been towed or removed
2105	underpursuant to this section, the wrecker companyit must
2106	release the vehicle or vesselbe releasedto its owner or
2107	custodian within one hour after requested. Any vehicle or vessel
2108	owner, custodian, or agent hasshall havethe right to inspect
2109	the vehicle or vessel before accepting its return. A wrecker
2110	company may not require any vehicle or vessel owner, custodian,
2111	or agent to, and no release the wrecker companyor waiver of any
2112	kind which would release the person or firm towing the vehicle
2113	or vesselfrom liability for damages noted by the owner or other
2114	legally authorized person at the time of the redemption may be
2115	required from any vehicle owner, custodian, or agentas a
2116	condition of release of the vehicle or vessel to its owner. A
2117	wrecker company must give a person paying towing and storage
2118	charges under this sectiona detailed, signed receipt showing
2119	the legal name of the wrecker company or person towing or
2120	removing the vehicle must be given to the person paying towing
2121	or storage chargesat the time of payment, whether requested or
2122	not.
2123	(b) These requirements areshall be theminimum standards
2124	and doshallnot preclude enactment of additional regulations by
2125	any municipality or county, including the regulation ofright to
2126	regulate rates when vehicles or vessels are towed from real
2127	privateproperty.
2128	(3) This section does not apply to vehicles or vessels
2129	that are reasonably identifiable from markings aslaw
2130	enforcement, firefighting, rescue squad, ambulance, or other
2131	emergency vehicles or vesselswhich are marked as suchor to
2132	property owned by any governmental entity.
2133	(4) When a person improperly causes a vehicle or vesselto
2134	be removed, thatsuch person isshall beliable to the owner or
2135	lessee of the vehicle or vesselfor the cost of removal,
2136	transportation, and storage; any damages resulting from the
2137	removal, transportation, or storage of the vehicle or vessel;
2138	attorneys' fees; and court costs.
2139	(5) Failure to make good faith efforts to comply with the
2140	notice requirements in subparagraph (2)(a)5. precludes the
2141	imposition of any towing or storage charges against the vehicle
2142	or vessel.
2143	(6)(5)(a) Any person who violates the provisions of
2144	subparagraph (2)(a)2. or subparagraph (2)(a)6. commitsis guilty
2145	ofa misdemeanor of the first degree, punishable as provided in
2146	s. 775.082 or s. 775.083.
2147	(b) Any person who violates the provisions of subparagraph
2148	(2)(a)1., subparagraph (2)(a)3., subparagraph (2)(a)4.,
2149	subparagraph (2)(a)7., or subparagraph (2)(a)9. commitsis
2150	guilty ofa felony of the third degree, punishable as provided
2151	in s. 775.082, s. 775.083, or s. 775.084.
2152	Section 21. Effective January 1, 2004, subsection (15) of
2153	section 1.01, Florida Statutes, is repealed.
2154	Section 22. The sum of $595,000 is appropriated from the
2155	General Inspection Trust Fund to the Department of Agriculture
2156	and Consumer Services, and nine additional full-time-equivalent
2157	positions are authorized, for the purpose of implementing this
2158	act during the 2003-2004 fiscal year.
2159	Section 23. Except as otherwise expressly provided in this
2160	act, this act shall take effect July 1, 2003.