HB 1673

1	A bill to be entitled
2	An act relating to wrecker services; amending s. 120.80,
3	F.S.; exempting hearings of the Division of the Florida
4	Highway Patrol concerning the wrecker allocation system
5	from requirements of ch. 120, F.S.; creating s. 205.1975,
6	F.S.; prohibiting a county or municipality from issuing or
7	renewing a license for a wrecker company that is not in
8	compliance with the requirements of the act; amending s.
9	316.530, F.S., relating to traffic control; conforming
10	provisions to changes made by the act; reenacting s.
11	316.550(4), F.S., relating to special wrecker permits, to
12	incorporate the amendment to s. 320.01, F.S., in
13	references thereto; amending s. 316.605, F.S.; providing
14	requirements for licensing wreckers and other vehicles;
15	amending s. 320.01, F.S.; redefining the term "wrecker"
16	for purposes of the Florida Statutes; amending ss. 320.03
17	and 320.0706, F.S., relating to motor vehicle registration
18	and license plates; conforming provisions to changes made
19	by the act; reenacting s. 320.08(5)(d) and (e), F.S.,
20	relating to license taxes, to incorporate the amendment to
21	s. 320.01, F.S., in references thereto; amending s.
22	320.0821, F.S.; revising requirements for the issuance of
23	wrecker license plates; amending s. 320.13, F.S., relating
24	to dealer license plates; conforming provisions to changes
25	made by the act; amending s. 321.051, F.S.; providing
26	definitions; authorizing the Division of the Florida
27	Highway Patrol within the Department of Highway Safety and
28	Motor Vehicles to establish a wrecker allocation system;
29	providing requirements for the system; authorizing the
30	division to set maximum rates for towing and storage of
31	vehicles; prohibiting an unauthorized wrecker company from
32	monitoring a police radio or engaging in other activities;
33	providing penalties; providing requirements for
34	dispatching wreckers; amending s. 323.001, F.S., relating
35	to wrecker company storage facilities; providing
36	definitions; providing procedures for a law enforcement
37	agency to place a hold on a stored vehicle; providing for
38	payment of towing and storage charges; amending s.
39	323.002, F.S.; providing definitions; providing
40	requirements for a county or municipality that operates a
41	wrecker allocation system; providing requirements for the
42	system; prohibiting an unauthorized wrecker company from
43	monitoring a police radio or engaging in other activities;
44	providing penalties; providing requirements for
45	dispatching wreckers; creating chapter 508, F.S.;
46	providing definitions; creating the Wrecker Operator
47	Advisory Council within the Department of Agriculture and
48	Consumer Services; providing for membership and terms;
49	providing for reimbursement for travel and per diem
50	expenses; requiring the council to advise the department
51	on matters relating to standards and practices in the
52	wrecker industry; authorizing the department to adopt
53	rules; requiring wrecker companies to register annually
54	with the department; requiring registration prior to
55	issuance or renewal of local occupational license;
56	excluding certain motor vehicle repair shops and dealers;
57	providing application requirements for registration and
58	renewal; providing for processing of fingerprints by the
59	Department of Law Enforcement; requiring fees for
60	processing; providing for issuance of registration
61	certificate; requiring display of the certificate;
62	providing requirements for advertisements; requiring
63	notification of changes in registration information;
64	requiring certain fees be paid; requiring local
65	occupational license of certain companies prior to
66	renewal; requiring insurance coverage; requiring the
67	department to notify the Department of Highway Safety and
68	Motor Vehicles when a registration has been suspended or
69	revoked; authorizing the department to deny registration
70	under certain circumstances; specifying acceptable forms
71	of payment; establishing a certification program for
72	wrecker operators; requiring the department to approve
73	courses and organizations; providing requirements for
74	examinations; providing for certification in specialized
75	wrecker 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; providing for approval by the council of
79	out-of-state certification instructions, training, and
80	examinations; prohibiting the performance of wrecker
81	services after a specified date unless the company is
82	registered and obtains certification as required;
83	excluding service performed for certain shops and
84	organizations; authorizing the department to inspect
85	employment records; providing requirements for continuing
86	education; specifying prohibited acts; providing
87	administrative, civil, and criminal penalties; providing
88	for registration fees; providing for deposit and use of
89	fees, penalties, and other funds; providing that the
90	chapter does not apply to recovery agents; authorizing
91	counties and municipalities to enact ordinances governing
92	wrecker operators; requiring that a wrecker company
93	maintain records of its services for a specified time;
94	requiring a wrecker company to keep records of its
95	operators continuing education courses for a specified
96	time; directing organizations that conduct continuing
97	education courses to keep records for a specified time;
98	authorizing inspection of records by the department;
99	amending s. 713.78, F.S., relating to liens for
100	recovering, towing, or storing vehicles and vessels;
101	providing definitions; conforming provisions to changes
102	made by the act; providing for attorney's fees to be
103	awarded to the prevailing party for a frivolous claim of
104	wrongful taking or claim of lien; providing immunity from
105	liability for a wrecker company, its operators, and other
106	employees or agents if services are performed with
107	reasonable care or for complying with the directions of a
108	law enforcement officer or certain emergency personnel;
109	providing for the owner of a vehicle or vessel to dispute
110	a claim of lien by a wrecker company based on a record of
111	sale; excluding from application vehicles registered by
112	lessor; clarifying that the amendments made by the act do
113	not affect the validity of prior liens; creating s.
114	713.785, F.S.; authorizing the imposition of lien by a
115	mobile home transport company for recovering, towing, or
116	storing a mobile home; providing definitions; requiring a
117	mobile home transport company to provide notice of
118	recovery, towing, or storage services; providing that said
119	lien is prior in dignity to all others except for unpaid
120	purchase price or a landlord's lien for rent; providing
121	for the filing of a complaint; providing procedures for
122	the sale of an unclaimed mobile home; requiring certain
123	notice; limiting liability of the transport company, the
124	landlord and his or her agent, and any subsequent
125	purchaser; specifying circumstances under which a mobile
126	home transport company must obtain a certificate of
127	destruction; limiting assignment of the certificate;
128	requiring application to the county tax collector;
129	authorizing the Department of Highway Safety and Motor
130	Vehicles to adopt rules; authorizing the department to
131	inspect records of the transport company; providing for
132	issuing certificates of destruction and revalidation
133	stickers; providing procedures for disputing a lien and
134	for discharge of a lien; providing for expiration of the
135	lien; providing for the posting and repayment of surety;
136	providing for award of damages and costs; providing for
137	collection and distribution of certain fees; amending s.
138	319.30, F.S.; redefining the term "certificate of
139	destruction," to conform; amending s. 713.69, F.S.,
140	relating to circumstances in which it is unlawful to
141	remove property upon which a lien has accrued, to conform;
142	amending s. 715.07, F.S., relating to the towing of
143	vehicles and vessels parked on real property without
144	permission; providing definitions; providing for the
145	towing and removal of vehicles and vessels under certain
146	circumstances; conforming provisions to changes made by
147	the act; providing requirements for towing and storage;
148	prohibiting a property owner from soliciting a wrecker
149	company for a rebate for the privilege of removing
150	vehicles from the owner's property; providing immunity
151	from liability for a wrecker company, its operators, and
152	other employees or agents if services are performed with
153	reasonable care; providing that failure to comply with
154	notice requirements precludes a wrecker company from
155	imposing certain towing or storage charges; providing
156	penalties; repealing s. 1.01(15), F.S., relating to the
157	definition of the term "wrecker operator"; providing an
158	appropriation and authorizing additional positions;
159	providing effective dates.
160
161	Be It Enacted by the Legislature of the State of Florida:
162
163	Section 1.  Effective January 1, 2005, paragraph (b) of
164	subsection (8) of section 120.80, Florida Statutes, is amended
165	to read:
166	120.80  Exceptions and special requirements; agencies.--
167	(8)  DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES.--
168	(b)  Wrecker companies operators.--Notwithstanding s.
169	120.57(1)(a), hearings held by the Division of the Florida
170	Highway Patrol of the Department of Highway Safety and Motor
171	Vehicles to deny, suspend, or remove a wrecker company operator
172	from participating in the wrecker allocation rotation system
173	established under by s. 321.051 need not be conducted by an
174	administrative law judge assigned by the division. These
175	hearings shall be held by a hearing officer appointed by the
176	director of the Division of the Florida Highway Patrol.
177	Section 2.  Effective January 1, 2005, section 205.1975,
178	Florida Statutes, is created to read:
179	205.1975  Wrecker companies; consumer protection.--A county
180	or municipality may not issue or renew an occupational license
181	for the operation of a wrecker company under chapter 508 unless
182	the wrecker company exhibits a current registration from the
183	Department of Agriculture and Consumer Services.
184	Section 3.  Subsection (3) of section 316.530, Florida
185	Statutes, is amended to read:
186	316.530  Towing requirements.--
187	(3)  Whenever a motor vehicle becomes disabled upon the
188	highways of this state and a wrecker or tow truck is required to
189	remove it to a repair shop or other appropriate location, if the
190	combined weights of those two vehicles and the loads thereon
191	exceed the maximum allowable weights as established by s.
192	316.535, no penalty shall be assessed either vehicle or driver.
193	However, this exception shall not apply to the load limits for
194	bridges and culverts established by the department as provided
195	in s. 316.555.
196	Section 4.  For the purpose of incorporating the amendment
197	made by this act to section 320.01, Florida Statutes, in
198	references thereto, subsection (4) of section 316.550, Florida
199	Statutes, is reenacted to read:
200	316.550  Operations not in conformity with law; special
201	permits.--
202	(4)(a)  The Department of Transportation may issue a
203	wrecker special blanket permit to authorize a wrecker as defined
204	in s. 320.01(40) to tow a disabled vehicle as defined in s.
205	320.01(38) where the combination of the wrecker and the disabled
206	vehicle being towed exceeds the maximum weight limits as
207	established by s. 316.535.
208	(b)  The Department of Transportation must supply the
209	permitted wrecker with a map showing the routes on which the
210	wrecker may safely tow disabled vehicles for all special permit
211	classifications for which the wrecker applies.
212	Section 5.  Subsection (1) of section 316.605, Florida
213	Statutes, is amended to read:
214	316.605  Licensing of vehicles.--
215	(1)  Every vehicle, at all times while driven, stopped, or
216	parked upon any highways, roads, or streets of this state, shall
217	be licensed in the name of the owner thereof in accordance with
218	the laws of this state unless such vehicle is not required by
219	the laws of this state to be licensed in this state and shall,
220	except as otherwise provided in s. 320.0706 for front-end
221	registration license plates on truck tractors or wreckers,
222	display the license plate or both of the license plates assigned
223	to it by the state, one on the rear and, if two, the other on
224	the front of the vehicle, each to be securely fastened to the
225	vehicle outside the main body of the vehicle in such manner as
226	to prevent the plates from swinging, with all letters, numerals,
227	printing, writing, and other identification marks upon the
228	plates clear and distinct and free from defacement, mutilation,
229	grease, and other obscuring matter, so that they will be plainly
230	visible and legible at all times 100 feet from the rear or
231	front. In addition, if only one registration plate is issued for
232	a motor vehicle that is equipped with a mechanical loading
233	device that may damage the plate, the plate may be attached to
234	the front of the vehicle. Nothing shall be placed upon the face
235	of a Florida plate except as permitted by law or by rule or
236	regulation of a governmental agency.  No license plates other
237	than those furnished by the state shall be used.  However, if
238	the vehicle is not required to be licensed in this state, the
239	license plates on such vehicle issued by another state, by a
240	territory, possession, or district of the United States, or by a
241	foreign country, substantially complying with the provisions
242	hereof, shall be considered as complying with this chapter. A
243	government license plate that is issued to a truck tractor or
244	heavy truck having a gross vehicle weight of 26,001 pounds or
245	more which is owned by a governmental entity may be placed on
246	the front of the vehicle and is in compliance with this chapter.
247	A violation of this subsection is a noncriminal traffic
248	infraction, punishable as a nonmoving violation as provided in
249	chapter 318.
250	Section 6.  Subsection (40) of section 320.01, Florida
251	Statutes, is amended to read:
252	320.01  Definitions, general.--As used in the Florida
253	Statutes, except as otherwise provided, the term:
254	(40)  "Wrecker" means a tow truck or other any motor
255	vehicle that is used to tow, carry, or otherwise transport motor
256	vehicles or vessels upon the streets and highways of this state
257	and that is equipped for that purpose with a boom, winch, car
258	carrier, or other similar equipment.
259	Section 7.  Effective January 1, 2005, subsection (8) of
260	section 320.03, Florida Statutes, is amended to read:
261	320.03  Registration; duties of tax collectors;
262	International Registration Plan.--
263	(8)  If the applicant's name appears on the list referred
264	to in s. 316.1001(4), s. 316.1967(6), or s. 713.78(13), a
265	license plate or revalidation sticker may not be issued until
266	that person's name no longer appears on the list or until the
267	person presents a receipt from the clerk showing that the fines
268	outstanding have been paid. The tax collector and the clerk of
269	the court are each entitled to receive monthly, as costs for
270	implementing and administering this subsection, 10 percent of
271	the civil penalties and fines recovered from such persons. As
272	used in this subsection, the term "civil penalties and fines"
273	does not include a wrecker company's operator's lien as
274	described in s. 713.78(13). If the tax collector has private tag
275	agents, such tag agents are entitled to receive a pro rata share
276	of the amount paid to the tax collector, based upon the
277	percentage of license plates and revalidation stickers issued by
278	the tag agent compared to the total issued within the county.
279	The authority of any private agent to issue license plates shall
280	be revoked, after notice and a hearing as provided in chapter
281	120, if he or she issues any license plate or revalidation
282	sticker contrary to the provisions of this subsection. This
283	section applies only to the annual renewal in the owner's birth
284	month of a motor vehicle registration and does not apply to the
285	transfer of a registration of a motor vehicle sold by a motor
286	vehicle dealer licensed under this chapter, except for the
287	transfer of registrations which is inclusive of the annual
288	renewals. This section does not affect the issuance of the title
289	to a motor vehicle, notwithstanding s. 319.23(7)(b).
290	Section 8.  Section 320.0706, Florida Statutes, is amended
291	to read:
292	320.0706  Display of license plates on trucks.--The owner
293	of any commercial truck of gross vehicle weight of 26,001 pounds
294	or more shall display the registration license plate on both the
295	front and rear of the truck in conformance with all the
296	requirements of s. 316.605 that do not conflict with this
297	section.  However, the owner of a truck tractor or a wrecker
298	must shall be required to display the registration license plate
299	only on the front of such vehicle.
300	Section 9.  For the purpose of incorporating the amendment
301	made by this act to section 320.01, Florida Statutes, in
302	references thereto, paragraphs (d) and (e) of subsection (5) of
303	section 320.08, Florida Statutes, are reenacted to read:
304	320.08  License taxes.--Except as otherwise provided
305	herein, there are hereby levied and imposed annual license taxes
306	for the operation of motor vehicles, mopeds, motorized bicycles
307	as defined in s. 316.003(2), and mobile homes, as defined in s.
308	320.01, which shall be paid to and collected by the department
309	or its agent upon the registration or renewal of registration of
310	the following:
311	(5)  SEMITRAILERS, FEES ACCORDING TO GROSS VEHICLE WEIGHT;
312	SCHOOL BUSES; SPECIAL PURPOSE VEHICLES.--
313	(d)  A wrecker, as defined in s. 320.01(40), which is used
314	to tow a vessel as defined in s. 327.02(36), a disabled,
315	abandoned, stolen-recovered, or impounded motor vehicle as
316	defined in s. 320.01(38), or a replacement motor vehicle as
317	defined in s. 320.01(39): $30 flat.
318	(e)  A wrecker, as defined in s. 320.01(40), which is used
319	to tow any motor vehicle, regardless of whether or not such
320	motor vehicle is a disabled motor vehicle as defined in s.
321	320.01(38), a replacement motor vehicle as defined in s.
322	320.01(39), a vessel as defined in s. 327.02(36), or any other
323	cargo, as follows:
324	1.  Gross vehicle weight of 10,000 pounds or more, but less
325	than 15,000 pounds:  $87 flat.
326	2.  Gross vehicle weight of 15,000 pounds or more, but less
327	than 20,000 pounds:  $131 flat.
328	3.  Gross vehicle weight of 20,000 pounds or more, but less
329	than 26,000 pounds:  $186 flat.
330	4.  Gross vehicle weight of 26,000 pounds or more, but less
331	than 35,000 pounds:  $240 flat.
332	5.  Gross vehicle weight of 35,000 pounds or more, but less
333	than 44,000 pounds:  $300 flat.
334	6.  Gross vehicle weight of 44,000 pounds or more, but less
335	than 55,000 pounds:  $572 flat.
336	7.  Gross vehicle weight of 55,000 pounds or more, but less
337	than 62,000 pounds:  $678 flat.
338	8.  Gross vehicle weight of 62,000 pounds or more, but less
339	than 72,000 pounds:  $800 flat.
340	9.  Gross vehicle weight of 72,000 pounds or more:  $979
341	flat.
342	Section 10.  Subsection (1) of section 320.0821, Florida
343	Statutes, is amended, and subsection (5) is added to that
344	section, to read:
345	320.0821  Wrecker license plates.--
346	(1)  The department shall issue one a wrecker license
347	plate, regardless of gross vehicle weight, to the owner of any
348	motor vehicle that is used to tow, carry, or otherwise transport
349	motor vehicles and that is equipped for that purpose with a
350	boom, winch, carrier, or other similar equipment, except a motor
351	vehicle registered under the International Registration Plan,
352	upon application and payment of the appropriate license tax and
353	fees in accordance with s. 320.08(5)(d) or (e).
354	(5)  A wrecker license plate must be displayed on the front
355	of such vehicle.
356	Section 11.  Effective January 1, 2005, subsection (1) of
357	section 320.0821, Florida Statutes, as amended by this act, is
358	amended to read:
359	320.0821  Wrecker license plates.--
360	(1)  The department shall issue one wrecker license plate,
361	regardless of gross vehicle weight, to the owner of a wrecker
362	any motor vehicle that is used to tow, carry, or otherwise
363	transport motor vehicles and that is equipped for that purpose
364	with a boom, winch, carrier, or other similar equipment, except
365	a motor vehicle registered under the International Registration
366	Plan, upon application and payment of the appropriate license
367	tax and fees in accordance with s. 320.08(5)(d) or (e). However,
368	the department may issue or renew a wrecker license plate only
369	if the owner of the wrecker is a wrecker company registered
370	under chapter 508. This section does not apply to a motor
371	vehicle registered under the International Registration Plan.
372	Section 12.  Paragraph (a) of subsection (1) of section
373	320.13, Florida Statutes, is amended to read:
374	320.13  Dealer and manufacturer license plates and
375	alternative method of registration.--
376	(1)(a)  Any licensed motor vehicle dealer and any licensed
377	mobile home dealer may, upon payment of the license tax imposed
378	by s. 320.08(12), secure one or more dealer license plates,
379	which are valid for use on motor vehicles or mobile homes owned
380	by the dealer to whom such plates are issued while the motor
381	vehicles are in inventory and for sale, or while being operated
382	in connection with such dealer's business, but are not valid for
383	use for hire. Dealer license plates may not be used on any tow
384	truck or wrecker as defined in s. 320.01 unless the tow truck or
385	wrecker is being demonstrated for sale, and the dealer license
386	plates may not be used on a vehicle used to transport another
387	motor vehicle for the motor vehicle dealer.
388	Section 13.  Effective January 1, 2005, section 321.051,
389	Florida Statutes, is amended to read:
390	(Substantial rewording of section. See
391	s. 321.051, F.S., for present text.)
392	321.051  Florida Highway Patrol wrecker allocation system;
393	penalties for operation outside of system.--
394	(1)  As used in this section, the term:
395	(a)  "Authorized wrecker company" means a wrecker company
396	designated by the division as part of its wrecker allocation
397	system.
398	(b)  "Division" means the Division of the Florida Highway
399	Patrol within the Department of Highway Safety and Motor
400	Vehicles.
401	(c)  "Unauthorized wrecker company" means a wrecker company
402	not designated by the division as part of its wrecker allocation
403	system.
404	(d)  "Wrecker company" has the same meaning ascribed in s.
405	508.01.
406	(e)  "Wrecker operator" has the same meaning ascribed in s.
407	508.01.
408	(f)  "Wrecker services" has the same meaning ascribed in s.
409	508.01.
410	(2)(a)  The division may establish within areas designated
411	by the division a wrecker allocation system, using qualified,
412	reputable wrecker companies, for the removal from crash scenes
413	and the storage of wrecked or disabled vehicles when the owner
414	or operator is incapacitated, unavailable, or leaves the
415	procurement of wrecker services to the officer at the scene and
416	for the removal and storage of abandoned vehicles.
417	(b)  The wrecker allocation system may use only wrecker
418	companies registered under chapter 508. Each reputable wrecker
419	company registered under chapter 508 is eligible for use in the
420	system if its equipment and wrecker operators meet the
421	recognized safety qualifications and mechanical standards set by
422	the division's rules for the size of vehicle they are designed
423	to handle. The division may limit the number of wrecker
424	companies participating in the wrecker allocation system.
425	(c)  The division may establish maximum rates for the
426	towing and storage of vehicles removed at the division's request
427	if those rates are not established by a county or municipality
428	under s. 125.0103 or s. 166.043. These rates are not rules for
429	the purpose of chapter 120; however, the Department of Highway
430	Safety and Motor Vehicles shall adopt rules prescribing the
431	procedures for setting these rates.
432	(d)  Notwithstanding chapter 120, a final order of the
433	department denying, suspending, or revoking a wrecker company's
434	participation in the wrecker allocation system may be appealed
435	only in the manner and within the time provided by the Florida
436	Rules of Appellate Procedure by a writ of certiorari issued by
437	the circuit court in the county in which the wrecker company's
438	primary place of business is located, as evidenced by the
439	wrecker company's registration under chapter 508.
440	(3)(a)  An unauthorized wrecker company, its wrecker
441	operators, or its other employees or agents may not monitor a
442	police radio for communications between patrol field units and
443	the dispatcher in order to determine the location of a wrecked
444	or disabled vehicle for the purpose of dispatching its wrecker
445	operator to drive by the scene of the vehicle in a manner
446	described in paragraph (b) or paragraph (c). Any person who
447	violates this paragraph commits a noncriminal violation,
448	punishable as provided in s. 775.083.
449	(b)  A wrecker operator dispatched by an unauthorized
450	wrecker company may not drive by the scene of a wrecked or
451	disabled vehicle before the arrival of the wrecker operator
452	dispatched by the authorized wrecker company, initiate contact
453	with the owner or operator of the vehicle by soliciting or
454	offering wrecker services, or tow the vehicle. Any person who
455	violates this paragraph commits a misdemeanor of the second
456	degree, punishable as provided in s. 775.082 or s. 775.083.
457	(c)  When a wrecker operator dispatched by an unauthorized
458	wrecker company drives by the scene of a wrecked or disabled
459	vehicle and the owner or operator initiates contact by signaling
460	the wrecker operator to stop and provide wrecker services, the
461	wrecker operator must disclose to the owner or operator of the
462	vehicle that he or she was not dispatched by the authorized
463	wrecker company designated as part of the wrecker allocation
464	system and must disclose, in writing, what charges for towing
465	and storage will apply before the vehicle is connected to the
466	towing apparatus. Any person who violates this paragraph commits
467	a misdemeanor of the second degree, punishable as provided in s.
468	775.082 or s. 775.083.
469	(d)  A wrecker operator may not falsely identify himself or
470	herself as being part of, or as being employed by a wrecker
471	company that is part of, the wrecker allocation system at the
472	scene of a wrecked or disabled vehicle. Any person who violates
473	this paragraph commits a misdemeanor of the first degree,
474	punishable as provided in s. 775.082 or s. 775.083.
475	(4)  This section does not prohibit, or in any way prevent,
476	the owner or operator of a vehicle involved in a crash or
477	otherwise disabled from contacting any wrecker company for the
478	provision of wrecker services, regardless of whether the wrecker
479	company is an authorized wrecker company or not. However, if a
480	law enforcement officer determines that the disabled vehicle or
481	vehicle cargo is a public safety hazard, the officer may, in the
482	interest of public safety, dispatch an authorized wrecker
483	company if the officer believes that the authorized wrecker
484	company would arrive at the scene before the wrecker company
485	requested by the owner or operator of the disabled vehicle or
486	vehicle cargo.
487	(5)  A law enforcement officer may dispatch an authorized
488	wrecker company out of rotation to the scene of a wrecked or
489	disabled vehicle if the authorized wrecker company next on
490	rotation is not equipped to provide the required wrecker
491	services and the out-of-rotation authorized wrecker company is
492	available with the required equipment. However, this subsection
493	does not prohibit or prevent the owner or operator of a vehicle
494	involved in a crash or otherwise disabled from contacting any
495	wrecker company who is properly equipped to provide the required
496	wrecker services, regardless of whether the wrecker company is
497	an authorized wrecker company or not, unless the law enforcement
498	officer determines that the wrecked or disabled vehicle is a
499	public safety hazard and the officer believes that the
500	authorized wrecker company would arrive at the scene before the
501	wrecker company requested by the owner or operator.
502	Section 14.  Effective January 1, 2005, section 323.001,
503	Florida Statutes, is amended to read:
504	(Substantial rewording of section. See
505	s. 323.001, F.S., for present text.)
506	323.001  Wrecker company storage facilities; vehicle
507	holds.--
508	(1)  As used in this section, the term:
509	(a)  "Business day" means a day other than a Saturday,
510	Sunday, or federal or state legal holiday.
511	(b)  "Wrecker company" has the same meaning ascribed in s.
512	508.01.
513	(2)  A law enforcement agency may place a hold on a motor
514	vehicle stored within a wrecker company's storage facility for 5
515	business days, thereby preventing a motor vehicle from being
516	released to its owner.
517	(3)  To extend a hold, the law enforcement agency must
518	notify the wrecker company in writing within the 5 business
519	days. If notification is not made within the 5 business days,
520	the wrecker company must release the vehicle to the designated
521	person under s. 713.78.
522	(a)  If the hold is extended beyond the 5 business days,
523	the law enforcement agency may have the vehicle removed to a
524	designated impound lot, in which event the vehicle may not be
525	released by the law enforcement agency to the owner or
526	lienholder of the vehicle until proof of payment of the towing
527	and storage charges incurred by the wrecker company is presented
528	to the law enforcement agency.
529	(b)  If the law enforcement agency chooses to have the
530	vehicle remain at the wrecker company's storage facility for
531	more than 5 business days under the written notification, the
532	law enforcement agency is responsible for paying the storage
533	charges incurred by the wrecker company for the requested
534	extended period. In such an event, the owner or lienholder is
535	responsible for paying the accrued towing and storage charges
536	for the first 5 business days, or any period less than the first
537	5 business days, if the law enforcement agency moves the vehicle
538	from the wrecker company's storage facility to a designated
539	impound lot or provides written notification to extend the hold
540	on the vehicle before the expiration of the 5 business days.
541	(c)  The towing and storage rates for the owner or
542	lienholder of the held vehicle may not exceed the rates for the
543	law enforcement agency.
544	(4)  If there is a judicial finding of no probable cause
545	for having continued the immobilization or impoundment, the law
546	enforcement agency ordering the hold must pay the accrued
547	charges for any towing and storage.
548	(5)  The requirements for a written hold apply when the
549	following conditions are present:
550	(a)  The law enforcement officer has probable cause to
551	believe that the vehicle should be seized and forfeited under
552	the Florida Contraband Forfeiture Act, ss. 932.701-932.707;
553	(b)  The law enforcement officer has probable cause to
554	believe that the vehicle should be seized and forfeited under
555	chapter 370 or chapter 372;
556	(c)  The law enforcement officer has probable cause to
557	believe that the vehicle was used as the means of committing a
558	crime;
559	(d)  The law enforcement officer has probable cause to
560	believe that the vehicle is itself evidence that tends to show
561	that a crime has been committed or that the vehicle contains
562	evidence, which cannot readily be removed, which tends to show
563	that a crime has been committed;
564	(e)  The law enforcement officer has probable cause to
565	believe that the vehicle was involved in a traffic accident
566	resulting in death or personal injury and should be sealed for
567	investigation and collection of evidence by a vehicular homicide
568	investigator;
569	(f)  The vehicle is impounded or immobilized under s.
570	316.193 or s. 322.34; or
571	(g)  The law enforcement officer is complying with a court
572	order.
573	(6)  The hold must be in writing and must specify:
574	(a)  The name and agency of the law enforcement officer
575	placing the hold on the vehicle;
576	(b)  The date and time the hold is placed on the vehicle;
577	(c)  A general description of the vehicle, including its
578	color, make, model, body style, and year; VIN (Vehicle
579	Identification Number); registration license plate number,
580	state, and year; and validation sticker number, state, and year;
581	(d)  The specific reason for placing the hold;
582	(e)  The condition of the vehicle;
583	(f)  The location where the vehicle is being held; and
584	(g)  The name, address, and telephone number of the wrecker
585	company and the storage facility.
586	(7)  A wrecker company's storage facility must comply with
587	a hold placed by a law enforcement officer, including
588	instructions for inside or outside storage. A wrecker company's
589	storage facility may not release a motor vehicle subject to a
590	hold to any person except as directed by the law enforcement
591	agency placing the hold.
592	(8)  When a vehicle owner is found guilty of, or pleads
593	nolo contendere to, the offense that resulted in a hold being
594	placed on his or her vehicle, regardless of the adjudication of
595	guilt, the owner must pay the accrued towing and storage charges
596	assessed against the vehicle.
597	Section 15.  Effective January 1, 2005, section 323.002,
598	Florida Statutes, is amended to read:
599	(Substantial rewording of section. See
600	s. 323.002, F.S., for present text.)
601	323.002  County and municipal wrecker allocation systems;
602	penalties for operation outside of system.--
603	(1)  As used in this section, the term:
604	(a)  "Authorized wrecker company" means a wrecker company
605	designated as part of the wrecker allocation system established
606	by the governmental unit having jurisdiction over the scene of a
607	wrecked or disabled vehicle.
608	(b)  "Unauthorized wrecker company" means a wrecker company
609	not designated as part of the wrecker allocation system
610	established by the governmental unit having jurisdiction over
611	the scene of a wrecked or disabled vehicle.
612	(c)  "Wrecker allocation system" means a system for the
613	towing or removal of wrecked, disabled, or abandoned vehicles,
614	similar to the Florida Highway Patrol wrecker allocation system
615	described in s. 321.051(2), under which a county or municipality
616	contracts with one or more wrecker companies registered under
617	chapter 508 for the towing or removal of wrecked, disabled, or
618	abandoned vehicles from accident scenes, streets, or highways.
619	Each wrecker allocation system must use a method for
620	apportioning the towing assignments among the eligible wrecker
621	companies through the creation of geographic zones, a rotation
622	schedule, or a combination of these methods.
623	(d)  "Wrecker company" has the same meaning ascribed in s.
624	508.01.
625	(e)  "Wrecker operator" has the same meaning ascribed in s.
626	508.01.
627	(f)  "Wrecker services" has the same meaning ascribed in s.
628	508.01.
629	(2)  In a county or municipality that operates a wrecker
630	allocation system:
631	(a)  The wrecker allocation system may only use wrecker
632	companies registered under chapter 508.
633	(b)  An unauthorized wrecker company, its wrecker
634	operators, or its other employees or agents may not monitor a
635	police radio for communications between patrol field units and
636	the dispatcher in order to determine the location of a wrecked
637	or disabled vehicle for the purpose of dispatching its wrecker
638	operator to drive by the scene of the vehicle in a manner
639	described in paragraph (b) or paragraph (c). Any person who
640	violates this paragraph commits a noncriminal violation,
641	punishable as provided in s. 775.083.
642	(c)  A wrecker operator dispatched by an unauthorized
643	wrecker company may not drive by the scene of a wrecked or
644	disabled vehicle before the arrival of the wrecker operator
645	dispatched by the authorized wrecker company, initiate contact
646	with the owner or operator of the vehicle by soliciting or
647	offering wrecker services, or tow the vehicle. Any person who
648	violates this paragraph commits a misdemeanor of the second
649	degree, punishable as provided in s. 775.082 or s. 775.083.
650	(d)  When a wrecker operator dispatched by an unauthorized
651	wrecker company drives by the scene of a wrecked or disabled
652	vehicle and the owner or operator initiates contact by signaling
653	the wrecker operator to stop and provide wrecker services, the
654	wrecker operator must disclose to the owner or operator of the
655	vehicle that he or she was not dispatched by the authorized
656	wrecker company designated as part of the wrecker allocation
657	system and must disclose, in writing, what charges for towing
658	and storage will apply before the vehicle is connected to the
659	towing apparatus. Any person who violates this paragraph commits
660	a misdemeanor of the second degree, punishable as provided in s.
661	775.082 or s. 775.083.
662	(e)  A wrecker operator may not falsely identify himself or
663	herself as being part of, or as being employed by a wrecker
664	company that is part of, the wrecker allocation system at the
665	scene of a wrecked or disabled vehicle. Any person who violates
666	this paragraph commits a misdemeanor of the first degree,
667	punishable as provided in s. 775.082 or s. 775.083.
668	(3)  This section does not prohibit, or in any way prevent,
669	the owner or operator of a vehicle involved in a crash or
670	otherwise disabled from contacting any wrecker company for the
671	provision of wrecker services, regardless of whether the wrecker
672	company is an authorized wrecker company or not. However, if a
673	law enforcement officer determines that the disabled vehicle or
674	vehicle cargo is a public safety hazard, the officer may, in the
675	interest of public safety, dispatch an authorized wrecker
676	company if the officer believes that the authorized wrecker
677	company would arrive at the scene before the wrecker company
678	requested by the owner or operator of the disabled vehicle or
679	vehicle cargo.
680	(4)  A law enforcement officer may dispatch an authorized
681	wrecker company out of rotation to the scene of a wrecked or
682	disabled vehicle if the authorized wrecker company next on
683	rotation is not equipped to provide the required wrecker
684	services and the out-of-rotation authorized wrecker company is
685	available with the required equipment. However, this subsection
686	does not prohibit or prevent the owner or operator of a vehicle
687	involved in a crash or otherwise disabled from contacting any
688	wrecker company that is properly equipped to provide the
689	required wrecker services, regardless of whether the wrecker
690	company is an authorized wrecker company or not, unless the law
691	enforcement officer determines that the wrecked or disabled
692	vehicle is a public safety hazard and the officer believes that
693	the authorized wrecker company would arrive at the scene before
694	the wrecker company requested by the owner or operator.
695	Section 16.  Chapter 508, Florida Statutes, consisting of
696	sections 508.01, 508.02, 508.03, 508.04, 508.05, 508.06,
697	508.061, 508.07, 508.08, 508.09, 508.10, 508.11, 508.12, 508.13,
698	508.14, 508.15, 508.16, 508.17, 508.18, 508.19, and 508.20,
699	Florida Statutes, is created to read:
700	CHAPTER 508
701	WRECKER SERVICES
702	508.01  Definitions.--As used in this chapter, the term:
703	(1)  "Business entity" means any form of corporation,
704	limited liability company, partnership, association,
705	cooperative, joint venture, business trust, sole proprietorship,
706	or self-employed person conducting business in this state.
707	(2)  "Council" means the Wrecker Operator Advisory Council.
708	(3)  "Department" means the Department of Agriculture and
709	Consumer Services.
710	(4)  "Specialized wrecker services" means those wrecker
711	services described in s. 508.08 for which a wrecker operator
712	must have an endorsement to perform those services.
713	(5)  "Ultimate equitable owner" means a natural person who,
714	directly or indirectly, owns or controls 10 percent or more of
715	an ownership interest in a wrecker company, regardless of
716	whether the natural person owns or controls the ownership
717	interest through one or more natural persons or one or more
718	proxies, powers of attorney, nominees, business entities, or any
719	combination thereof.
720	(6)  "Vehicle" means any vehicle of a type that may be
721	registered under chapter 320 for operation on the roads of this
722	state, regardless of whether the vehicle is actually registered.
723	The term does not include a mobile home or manufactured home as
724	defined in s. 320.01.
725	(7)  "Vessel" means every description of watercraft, barge,
726	and air boat used or capable of being used as a means of
727	transportation on water, other than a seaplane or a "documented
728	vessel" as defined in s. 327.02.
729	(8)  "Wrecker" has the same meaning ascribed in s. 320.01.
730	(9)  "Wrecker company" means a business entity engaged for
731	hire in the business of towing, carrying, or transporting
732	vehicles or vessels by wrecker upon the streets and highways of
733	this state. The term does not include a person regularly engaged
734	in the business of transporting mobile homes.
735	(10)  "Wrecker operator" means a person who performs
736	wrecker services.
737	(11)  "Wrecker services" means towing, carrying, or
738	otherwise transporting vehicles or vessels by wrecker upon the
739	streets and highways of this state for hire. The term includes,
740	but is not limited to, each of the following:
741	(a)  Driving a wrecker.
742	(b)  Loading, securing, and unloading a vehicle or vessel
743	on a wrecker using a boom, winch, car carrier, or other similar
744	equipment.
745	(c)  Towing or removal of a wrecked, disabled, or abandoned
746	vehicle under the Florida Highway Patrol wrecker allocation
747	system pursuant to s. 321.051 or under a county or municipal
748	wrecker allocation system pursuant to s. 323.002.
749	(d)  Towing, recovery, or removal of a vehicle or vessel
750	under s. 713.78.
751	(e)  Towing, transportation, or removal of a vehicle or
752	vessel parked on real property without permission under s.
753	715.07.
754	(f)  Recovery of a vehicle or vessel.
755	508.02  Wrecker Operator Advisory Council.--
756	(1)  The Wrecker Operator Advisory Council is created
757	within the department. The council shall advise and assist the
758	department in administering this chapter.
759	(2)(a)  The council shall be composed of six members
760	appointed by the Commissioner of Agriculture. In addition, the
761	executive director of the Professional Wrecker Operators of
762	Florida, Inc., shall serve ex officio as a voting member of the
763	council.
764	(b)  Three members of the council must each be an ultimate
765	equitable owner of a wrecker company who has been an ultimate
766	equitable owner of that company for at least 5 years before his
767	or her appointment; one member must be a wrecker operator who is
768	not an ultimate equitable owner of a wrecker company and who has
769	been a wrecker operator for at least 5 years before his or her
770	appointment; and two members must be laypersons. Each member
771	must be a resident of this state. This paragraph expires July 1,
772	2010.
773	(c)  Effective July 1, 2010, three members of the council
774	must each be an ultimate equitable owner of a wrecker company
775	registered under this chapter who has been an ultimate equitable
776	owner of that company registered for at least 5 years before his
777	or her appointment; one member must be a wrecker operator
778	certified under this chapter who is not an ultimate equitable
779	owner of a wrecker company and who has been a wrecker operator
780	certified for at least 5 years before his or her appointment;
781	and two members must be laypersons. Each member must be a
782	resident of this state.
783	(3)  The term of each member of the council is 4 years,
784	except, to establish staggered terms, two members who are owners
785	of wrecker companies and one layperson shall be appointed
786	initially for a 2-year term. Members may be reappointed for
787	additional terms not to exceed 8 years of consecutive service. A
788	vacancy shall be filled for the remainder of the unexpired term
789	in the same manner as the original appointment.
790	(4)(a)  From among its members, the council shall annually
791	elect a chair, who shall preside over the meetings of the
792	council, and a vice chair.
793	(b)  In conducting its meetings, the council shall use
794	accepted rules of procedure. The department shall keep a
795	complete record of each meeting which must show the names of
796	members present and the actions taken. These records and other
797	documents about matters within the jurisdiction of the council
798	must be kept on file with the department.
799	(5)  The members of the council shall serve without
800	compensation but are entitled to reimbursement of travel and per
801	diem expenses under s. 112.061.
802	(6)  The department shall provide administrative and staff
803	support services relating to the functions of the council.
804	(7)  The council shall review the rules adopted by the
805	department to administer this chapter and shall advise the
806	department on matters relating to industry standards and
807	practices and other issues that require technical expertise and
808	consultation or that promote better consumer protection in the
809	wrecker industry.
810	508.03  Rulemaking authority.--The department may adopt
811	rules under ss. 120.536(1) and 120.54 to administer this
812	chapter.
813	508.04  Wrecker companies; registration
814	required.--Effective January 1, 2005:
815	(1)  A person may not own, operate, solicit business,
816	advertise wrecker services, or otherwise engage for hire in the
817	business of a wrecker company in this state unless that person
818	is registered with the department under this chapter.
819	(2)  A person applying for or renewing a local occupational
820	license to engage for hire in the business of a wrecker company
821	must exhibit a current registration certificate from the
822	department before the local occupational license may be issued
823	or reissued under chapter 205.
824	(3)  This section does not apply to a motor vehicle repair
825	shop registered with the department under s. 559.904 which
826	derives at least 80 percent of its gross sales from motor
827	vehicle repairs, or to any franchised motor vehicle dealers
828	licensed pursuant to s. 320.27 when wrecker services are
829	incidental to the operation of the franchise.
830	508.05  Registration requirements; renewal of
831	registrations.--
832	(1)  Each wrecker company engaged or attempting to engage
833	for hire in the business of towing, carrying, or transporting
834	vehicles, vessels, or mobile homes by wrecker upon the streets
835	and highways of this state must annually register with the
836	department on forms prescribed by the department. The
837	application for registration must include at least the following
838	information:
839	(a)  The name and federal employer identification number of
840	the wrecker company.
841	(b)  The mailing address, physical address, and telephone
842	number of the wrecker company's primary place of business.
843	(c)  The fictitious name under which the wrecker company
844	transacts business in this state.
845	(d)  The full name, residence address, business address,
846	and telephone number of the applicant. If the applicant is other
847	than a natural person, the application must also contain the
848	full name, residence address, business address, telephone
849	number, and federal employer identification number, if
850	applicable, of each ultimate equitable owner of the business
851	entity and each officer, director, partner, manager, member, or
852	managing member of the entity.
853	(e)  If the applicant is other than a natural person, the
854	full name of the business entity's registered agent and the
855	address of the registered office for service of process.
856	(f)  The physical address and telephone number of each
857	business location and each storage facility where the wrecker
858	company stores towed vehicles, vessels, or mobile homes.
859	(2)  Each initial and renewal application for registration
860	must be accompanied by the registration fee prescribed in s.
861	508.16.
862	(3)  Each initial application for registration must be
863	accompanied by a complete set of the applicant's fingerprints
864	taken by a law enforcement agency. If the applicant is other
865	than a natural person, a complete set of fingerprints must also
866	be filed for each ultimate equitable owner of the business
867	entity and each officer, director, partner, manager, member, or
868	managing member of the entity. The department shall submit the
869	fingerprints to the Department of Law Enforcement for state
870	processing, and the Department of Law Enforcement shall forward
871	the fingerprints to the Federal Bureau of Investigation for
872	national processing. The applicant must also pay the Department
873	of Law Enforcement a fingerprint processing fee of $23 for state
874	processing, and an additional fee for federal processing, for
875	each applicant's name submitted. Registration renewal
876	applications need not be accompanied by a set of fingerprints
877	for an individual who previously submitted a set of fingerprints
878	to the department as part of a prior year's registration
879	application.
880	(4)  The department shall review each application in
881	accordance with s. 120.60 and shall issue a registration
882	certificate, in the form and size prescribed by the department,
883	to each wrecker company whose application is approved. The
884	certificate must show at least the name and address of the
885	wrecker company and the registration number. The registration
886	certificate must be prominently displayed in the wrecker
887	company's primary place of business.
888	(5)  Each advertisement of a wrecker company must include
889	the phrase "Fla. Wrecker Co. Reg. No.     ." For the purpose of
890	this subsection, the term "advertisement" means a printed or
891	graphic statement made in a newspaper or other publication or
892	contained in any notice, handbill, or sign, including signage on
893	a vehicle, flyer, catalog, or letter.
894	(6)  A registration is invalid for a wrecker company
895	transacting business at a place other than the location
896	designated in the registration application unless the department
897	is first notified in writing before the change of location. A
898	registration issued under this chapter is not transferable or
899	assignable, and a wrecker company may not conduct business under
900	a name other than as registered. A wrecker company desiring to
901	change its registered name, location, or registered agent for
902	service of process at a time other than upon renewal of
903	registration must notify the department of the change.
904	(7)(a)  Each registration must be renewed annually on or
905	before the expiration date of the current registration. A late
906	fee of $25 must be paid, in addition to the registration fee or
907	any other penalty, for a registration renewal application that
908	is received by the department after the expiration date of the
909	current registration. The department may not issue a
910	registration until all fees are paid.
911	(b)  A wrecker company whose primary place of business is
912	located within a county or municipality that requires, by local
913	ordinance, a local occupational license under chapter 205 may
914	not renew a license under this chapter unless the wrecker
915	company obtains the occupational license from the county or
916	municipality.
917	(8)  Each wrecker company must provide the department with
918	a certificate of insurance for the required insurance coverage
919	under s. 627.7415 before the department may issue the
920	registration certificate for an initial or renewal registration.
921	The department must be named as a certificateholder on the
922	insurance certificate and must be notified at least 30 days
923	before any change in insurance coverage.
924	(9)  The department shall notify the Department of Highway
925	Safety and Motor Vehicles when a registration issued under this
926	chapter has been suspended or revoked by order of the
927	department. Notification must be sent within 10 days after the
928	department issues the suspension or revocation order.
929	508.06  Denial of registration.--The department may deny,
930	revoke, or refuse to renew the registration of a wrecker company
931	based upon a determination that the applicant or, if the
932	applicant is other than a natural person, the wrecker company or
933	any of its ultimate equitable owners, officers, directors,
934	partners, managers, members, or managing members has:
935	(1)  Not met the requirements for registration under this
936	chapter;
937	(2)  Been convicted of, found guilty of, or pled guilty or
938	nolo contendere to, regardless of the adjudication of guilt, a
939	felony within the last 10 years;
940	(3)  Been convicted of, found guilty of, or pled guilty or
941	nolo contendere to, regardless of the adjudication of guilt, a
942	crime within the last 10 years involving repossession of a motor
943	vehicle under chapter 493; repair of a motor vehicle under ss.
944	559.901-559.9221; theft of a motor vehicle under s. 812.014;
945	carjacking under s. 812.133; operation of a chop shop under s.
946	812.16; failure to maintain records of motor vehicle parts and
947	accessories under s. 860.14; airbag theft or use of fake airbags
948	under s. 860.145 or s. 860.146; overcharging for repairs and
949	parts under s. 860.15; or a violation of towing or storage
950	requirements for a motor vehicle under s. 321.051, chapter 323,
951	s. 713.78, s. 715.07, or this chapter;
952	(4)  Not satisfied a civil fine or penalty arising out of
953	an administrative or enforcement action brought by the
954	department, another governmental agency, or a private person
955	based upon conduct involving a violation of this chapter;
956	(5)  Pending against him or her a criminal, administrative,
957	or enforcement proceeding in any jurisdiction based upon conduct
958	involving a violation of this chapter; or
959	(6)  Have a judgment entered against him or her in an
960	action brought by the department under this chapter.
961	508.061  Acceptable forms of payment.--A wrecker company
962	shall accept a minimum of two of the three following forms of
963	payment:
964	(1)  Cash, cashier's check, money order, or traveler's
965	check;
966	(2)  Valid personal check, showing upon its face the name
967	and address of the vehicle/vessel owner or authorized
968	representative; or
969	(3)  Valid credit card, which shall include, but not be
970	limited to, Visa or MasterCard.
971	508.07  Wrecker operator certification program.--
972	(1)  The department, in consultation with the council,
973	shall establish a wrecker operator certification program by
974	December 31, 2004. Under this program, the council shall approve
975	certification courses for wrecker operators conducted by
976	approved organizations. The council shall prescribe the minimum
977	curricula for these courses, which must comprise at least 16
978	hours, equally apportioned between theoretical instruction and
979	practical training. The council must approve each organization
980	and its certification course before the course is accepted for
981	certification of wrecker operators under this chapter.
982	(2)  Each approved wrecker operator certification course
983	must include a certification examination demonstrating a wrecker
984	operator's knowledge, skills, and abilities in performing
985	wrecker services and in the instruction and training of the
986	certification course. The council must approve each
987	certification examination before the examination is accepted for
988	certification of wrecker operators under this chapter.
989	(3)  Each organization conducting an approved wrecker
990	operator certification course must issue on forms prescribed by
991	the department a certificate to each wrecker operator who
992	completes the approved certification course or who passes the
993	approved certification examination.
994	508.08  Specialized wrecker services.--
995	(1)  In addition to the minimum curricula for certification
996	of wrecker operators, each approved certification course must
997	offer optional instruction, training, and examination of wrecker
998	operators for each of the following specialized wrecker
999	services:
1000	(a)  Light duty.--Towing and winching a passenger vehicle,
1001	and uprighting such an overturned vehicle, including the proper
1002	use of chains, wire rope, and straps.
1003	(b)  Medium duty.--Towing and winching a medium-sized
1004	commercial vehicle, and uprighting such an overturned vehicle.
1005	(c)  Heavy duty.--Towing and winching a standard large-
1006	large-sized commercial vehicle, and uprighting such an
1007	overturned vehicle.
1008	(d)  Ultra-heavy duty.--Towing and winching a specialty
1009	large-sized commercial vehicle or another complex vehicle, and
1010	uprighting such an overturned vehicle.
1011	(e)  Rollback wrecker.--Proper loading, securing,
1012	transporting, and unloading of a vehicle on a flatbed-rollback
1013	wrecker.
1014	(f)  Hazardous materials.--Awareness of hazardous
1015	materials. Instruction and training for this wrecker service
1016	must comprise at least 8 hours in order to be approved.
1017	(g)  Air cushions.--Proper use of air cushions in the
1018	recovery of a heavy-duty vehicle.
1019	(2)  The department shall adopt rules prescribing specific
1020	standards to further define each of the specialized wrecker
1021	services described in subsection (1). The council must approve
1022	the instruction, training, and examination for a specialized
1023	wrecker service before the specialized wrecker service is
1024	accepted for endorsement of a wrecker operator's certification
1025	under this chapter.
1026	(3)  Each organization conducting an approved wrecker
1027	operator certification course must issue on forms prescribed by
1028	the department a certificate to each wrecker operator who
1029	completes the approved instruction and training for a
1030	specialized wrecker service or who passes the approved
1031	endorsement examination for that specialized wrecker service.
1032	508.09  Certification cards.--
1033	(1)  Each organization conducting an approved wrecker
1034	operator certification course must issue a certification card to
1035	each wrecker operator who completes the approved certification
1036	course and passes the approved certification examination. The
1037	department must approve the form of the certification cards
1038	issued by each organization. Each certification card must
1039	include the wrecker operator's name, a color photograph or
1040	digital image of the wrecker operator, and the expiration date
1041	of the certification card.
1042	(2)  Each certification card must also include the wrecker
1043	operator's applicable endorsements for specialized wrecker
1044	services, for which the wrecker operator completed the approved
1045	instruction and training for the specialized wrecker service and
1046	passed the approved endorsement examination for that specialized
1047	wrecker service.
1048	(3)  The department may adopt rules governing the issuance
1049	of a certification card to a wrecker operator who:
1050	(a)  Completes a certification course and passes a
1051	certification examination in another state which are
1052	substantially equivalent to the approved certification courses
1053	and approved certification examinations in this state.
1054	(b)  Completed a certification course and passed a
1055	certification examination in this state between January 1, 2000,
1056	and December 31, 2004, which are substantially equivalent to the
1057	approved certification courses and the approved certification
1058	examinations. This paragraph expires July 1, 2005.
1059	(c)  Completed instruction and training for a specialized
1060	wrecker service and passed an endorsement examination for that
1061	specialized wrecker service between January 1, 2000, and
1062	December 31, 2004, which are substantially equivalent to the
1063	approved instruction and training and the approved endorsement
1064	examinations. This paragraph expires July 1, 2005.
1065
1066	For the purposes of this subsection, the council shall approve
1067	each certification examination in another state, and shall
1068	approve the instruction, training, and examination for each
1069	specialized wrecker service in another state, which the council
1070	determines are substantially equivalent to the approved
1071	certification courses and approved certification examinations in
1072	this state or to the approved instruction, training, and
1073	endorsement examinations for a specialized wrecker service in
1074	this state.
1075	(4)  Each certification card expires 5 years after the date
1076	of issuance.
1077	(5)  Certification cards shall be issued by the
1078	organizations conducting approved wrecker operator certification
1079	courses. The department is not responsible for issuing
1080	certification cards or for the costs associated with the
1081	issuance of certification cards.
1082	508.10  Wrecker operators; certification required;
1083	inspection of employment records.--Effective January 1, 2005:
1084	(1)  A person may not perform wrecker services in this
1085	state unless he or she is an employee or ultimate equitable
1086	owner of a wrecker company that is registered with the
1087	department under this chapter and those wrecker services are
1088	performed on behalf of the wrecker company.
1089	(2)(a)  A person may not perform wrecker services or
1090	specialized wrecker services for a wrecker company for more than
1091	6 months after first being employed by, or becoming an ultimate
1092	equitable owner of, the wrecker company without being certified
1093	as a wrecker operator under this chapter.
1094	(b)  A wrecker operator certified under this chapter may
1095	not perform a specialized wrecker service for a wrecker company
1096	unless the wrecker operator's certification includes an
1097	endorsement for that specialized wrecker service.
1098	(3)(a)  Notwithstanding subsections (1) and (2), a person
1099	may perform wrecker services or specialized wrecker services in
1100	this state if he or she is an employee or ultimate equitable
1101	owner of a motor vehicle repair shop registered with the
1102	department under s. 559.904 and those wrecker services or
1103	specialized wrecker services are performed on behalf of the
1104	motor vehicle repair shop.
1105	(b)  Notwithstanding subsections (1) and (2), a person may
1106	perform wrecker services or specialized wrecker services in this
1107	state if those wrecker services or specialized wrecker services
1108	are performed on behalf of a religious organization that holds a
1109	current exemption from federal taxation or that is not required
1110	to apply for recognition of its exemption, under s. 501 of the
1111	Internal Revenue Code.
1112	(4)  The department may, at any time during business hours,
1113	enter any business location of a wrecker company and examine the
1114	company's books or records. If the department reasonable
1115	believes a violation of this chapter has occurred or is
1116	occurring, the department may subpoena any necessary books or
1117	records.
1118	508.11  Renewal of certification; continuing education
1119	requirements.--
1120	(1)  The department, in consultation with the council,
1121	shall establish a continuing education program for the
1122	recertification of wrecker operators by December 31, 2006. In
1123	order to renew a wrecker operator's certification card, an
1124	operator must complete a continuing education course. The
1125	council must prescribe the minimum curricula and proper
1126	examination for each continuing education course, each of which
1127	must be at least 8 hours in length. The council shall approve
1128	each organization, and the continuing education course it
1129	proposes to offer, before the course is approved for
1130	recertifying wrecker operators.
1131	(2)  Each organization conducting an approved wrecker
1132	operator continuing education course must issue, on forms
1133	prescribed by the department, a certificate to each wrecker
1134	operator who completes the approved course or who passes an
1135	approved recertification examination.
1136	508.12  Prohibited acts.--It is a violation of this chapter
1137	for a person to:
1138	(1)  Charge rates that exceed the maximum rates imposed by
1139	the ordinances of the respective county or municipality under
1140	ss. 125.0103(1)(c) and 166.043(1)(c).
1141	(2)  Violate s. 321.051, relating to the Florida Highway
1142	Patrol wrecker allocation system.
1143	(3)  Violate s. 323.002, relating to county and municipal
1144	wrecker allocation systems.
1145	(4)  Violate s. 713.78, relating to liens for recovering,
1146	towing, or storing vehicles and vessels.
1147	(5)  Violate s. 715.07, relating to towing or removing
1148	vehicles and vessels parked on real property without permission.
1149	(6)  Refuse to allow a law enforcement officer to inspect a
1150	towing and storage facility, as required in s. 812.055.
1151	(7)  Allow a person who is not certified as a wrecker
1152	operator under this chapter to perform wrecker services or
1153	specialized wrecker services for the wrecker company for more
1154	than 6 months after first being employed by, or becoming an
1155	ultimate equitable owner of, the wrecker company.
1156	(8)  Allow a wrecker operator certified under this chapter
1157	to perform a specialized wrecker service for the wrecker company
1158	if the wrecker operator's certification does not include an
1159	endorsement for that specialized wrecker service.
1160	(9)  Perform an act otherwise prohibited by this chapter or
1161	fail to perform an act otherwise required by this chapter.
1162	508.13  Administrative penalties; inspection of records.--
1163	(1)  The department may order one or more of the following
1164	if the department finds that a person has violated this chapter
1165	or the rules or orders issued under this chapter:
1166	(a)  Issue a notice of noncompliance under s. 120.695.
1167	(b)  Impose an administrative fine not to exceed $5,000 for
1168	each act or omission.
1169	(c)  Direct the person to cease and desist specified
1170	activities.
1171	(d)  Refuse to register the wrecker company or suspend or
1172	revoke the wrecker company's registration.
1173	(e)  Place the wrecker company on probation for a period of
1174	time, subject to the conditions specified by the department.
1175	(2)  Chapter 120 shall govern an administrative proceeding
1176	resulting from an order imposing a penalty specified in
1177	subsection (1).
1178	508.14  Civil penalties.--The department may bring a civil
1179	action in a court of competent jurisdiction to recover any
1180	penalties or damages allowed in this chapter and for injunctive
1181	relief to enforce compliance with this chapter. The department
1182	may seek a civil penalty of up to $5,000 for each violation of
1183	this chapter and may seek restitution for and on behalf of any
1184	owner of a vehicle, vessel, or mobile home who is aggrieved or
1185	injured by a violation of this chapter.
1186	508.15  Criminal penalties.--Effective July 1, 2005:
1187	(1)  A person who violates s. 508.04(1) by operating a
1188	wrecker company in this state without being registered with the
1189	department under this chapter commits a felony of the third
1190	degree, punishable as provided in s. 775.082, s. 775.083, or s.
1191	775.084.
1192	(2)  A person who violates s. 508.10(1) by performing
1193	wrecker services in this state without being an employee or
1194	ultimate equitable owner of a wrecker company that is registered
1195	with the department under this chapter commits a felony of the
1196	third degree, punishable as provided in s. 775.082, s. 775.083,
1197	or s. 775.084.
1198	508.16  Fees.--The department shall adopt by rule a fee
1199	schedule, not to exceed the following amounts:
1200	(1)  Wrecker company registration fee: $425.
1201	(2)  Wrecker company registration renewal fee: $425.
1202	508.17  General Inspection Trust Fund; payments.--All fees,
1203	penalties, or other funds collected by the department under this
1204	chapter must be deposited in the General Inspection Trust Fund
1205	and may only be used for the purpose of administering this
1206	chapter.
1207	508.18  Recovery agents; exemption.--This chapter does not
1208	apply to a person licensed under chapter 493 performing
1209	repossession services.
1210	508.19  County and municipal ordinances.--A county or
1211	municipality may enact ordinances governing the business of
1212	transporting vehicles or vessels by wrecker which are more
1213	restrictive than this chapter. This section does not limit the
1214	authority of a political subdivision to impose regulatory fees
1215	or charges or to levy occupational license taxes under chapter
1216	205. The department may enter into a cooperative agreement with
1217	any county or municipality that provides for the referral,
1218	investigation, and prosecution of consumer complaints alleging
1219	violations of this act. The department is authorized to delegate
1220	enforcement of this act to any county or municipality entering
1221	into a cooperative agreement.
1222	508.20  Records.--
1223	(1)  Each wrecker company shall maintain records of its
1224	wrecker services for at least 12 months. These records shall be
1225	maintained at the wrecker company's principal place of business.
1226	(2)  Each wrecker company shall maintain records on each of
1227	its wrecker operators sufficient to demonstrate that the
1228	operator has successfully completed an approved wrecker operator
1229	certification course or an approved wrecker operator continuing
1230	education course and is certified to perform wrecker services.
1231	These records shall be maintained at the wrecker company's
1232	principal place of business for as long as the operator is
1233	employed by the wrecker company and for at least 6 months
1234	thereafter.
1235	(3)  Each organization approved to conduct a wrecker
1236	operator certification course or approved to offer a wrecker
1237	operator continuing education course shall maintain records on
1238	each person who successfully completes one of the courses. The
1239	records shall be maintained at the organization's principal
1240	place of business for at least 5 years. The department may, at
1241	any time during normal business hours, enter the organization's
1242	principal place of business to examine the records.
1243	Section 17.  Subsection (13) of section 713.78, Florida
1244	Statutes, is amended to read:
1245	713.78  Liens for recovering, towing, or storing vehicles
1246	and vessels.--
1247	(13)(a)  Upon receipt by the Department of Highway Safety
1248	and Motor Vehicles of written notice from a wrecker operator who
1249	claims a wrecker operator's lien under paragraph (2)(c) or
1250	paragraph (2)(d) for recovery, towing, or storage of an
1251	abandoned vehicle, vessel, or mobile home upon instructions from
1252	any law enforcement agency, for which a certificate of
1253	destruction has been issued under subsection (11), the
1254	department shall place the name of the registered owner of that
1255	vehicle, vessel, or mobile home on the list of those persons who
1256	may not be issued a license plate or revalidation sticker for
1257	any motor vehicle under s. 320.03(8). If the vehicle, vessel, or
1258	mobile home is owned jointly by more than one person, the name
1259	of each registered owner shall be placed on the list. The notice
1260	of wrecker operator's lien shall be submitted on forms provided
1261	by the department, which must include:
1262	1.  The name, address, and telephone number of the wrecker
1263	operator.
1264	2.  The name of the registered owner of the vehicle,
1265	vessel, or mobile home and the address to which the wrecker
1266	operator provided notice of the lien to the registered owner
1267	under subsection (4).
1268	3.  A general description of the vehicle, vessel, or mobile
1269	home, including its color, make, model, body style, and year.
1270	4.  The vehicle identification number (VIN); registration
1271	license plate number, state, and year; validation decal number,
1272	state, and year; mobile home sticker number, state, and year;
1273	vessel registration number; hull identification number; or other
1274	identification number, as applicable.
1275	5.  The name of the person or the corresponding law
1276	enforcement agency that requested that the vehicle, vessel, or
1277	mobile home be recovered, towed, or stored.
1278	6.  The amount of the wrecker operator's lien, not to
1279	exceed the amount allowed by paragraph (b).
1280	(b)  For purposes of this subsection only, the amount of
1281	the wrecker operator's lien for which the department will
1282	prevent issuance of a license plate or revalidation sticker may
1283	not exceed the amount of the charges for recovery, towing, and
1284	storage of the vehicle, vessel, or mobile home for 7 days. These
1285	charges may not exceed the maximum rates imposed by the
1286	ordinances of the respective county or municipality under ss.
1287	125.0103(1)(c) and 166.043(1)(c). This paragraph does not limit
1288	the amount of a wrecker operator's lien claimed under subsection
1289	(2) or prevent a wrecker operator from seeking civil remedies
1290	for enforcement of the entire amount of the lien, but limits
1291	only that portion of the lien for which the department will
1292	prevent issuance of a license plate or revalidation sticker.
1293	(c)1.  The registered owner of a vehicle, vessel, or mobile
1294	home may dispute a wrecker operator's lien, by notifying the
1295	department of the dispute in writing on forms provided by the
1296	department, if at least one of the following applies:
1297	a.  The registered owner presents a notarized bill of sale
1298	proving that the vehicle, vessel, or mobile home was sold in a
1299	private or casual sale before the vehicle, vessel, or mobile
1300	home was recovered, towed, or stored.
1301	b.  The registered owner presents proof that the Florida
1302	certificate of title of the vehicle, vessel, or mobile home was
1303	sold to a licensed dealer as defined in s. 319.001 before the
1304	vehicle, vessel, or mobile home was recovered, towed, or stored.
1305	c.  The records of the department were marked to indicate
1306	that the vehicle, vessel, or mobile home was sold before the
1307	issuance of the certificate of destruction under subsection
1308	(11).
1309
1310	If the registered owner's dispute of a wrecker operator's lien
1311	complies with one of these criteria, the department shall
1312	immediately remove the registered owner's name from the list of
1313	those persons who may not be issued a license plate or
1314	revalidation sticker for any motor vehicle under s. 320.03(8),
1315	thereby allowing issuance of a license plate or revalidation
1316	sticker. If the vehicle, vessel, or mobile home is owned jointly
1317	by more than one person, each registered owner must dispute the
1318	wrecker operator's lien in order to be removed from the list.
1319	However, the department shall deny any dispute and maintain the
1320	registered owner's name on the list of those persons who may not
1321	be issued a license plate or revalidation sticker for any motor
1322	vehicle under s. 320.03(8) if the wrecker operator has provided
1323	the department with a certified copy of the judgment of a court
1324	which orders the registered owner to pay the wrecker operator's
1325	lien claimed under this section. In such a case, the amount of
1326	the wrecker operator's lien allowed by paragraph (b) may be
1327	increased to include no more than $500 of the reasonable costs
1328	and attorney's fees incurred in obtaining the judgment. The
1329	department's action under this subparagraph is ministerial in
1330	nature, shall not be considered final agency action, and may be
1331	appealed is appealable only to the county court for the county
1332	in which the vehicle, vessel, or mobile home was ordered
1333	removed.
1334	2.  A person against whom a wrecker operator's lien has
1335	been imposed may alternatively obtain a discharge of the lien by
1336	filing a complaint, challenging the validity of the lien or the
1337	amount thereof, in the county court of the county in which the
1338	vehicle, vessel, or mobile home was ordered removed. Upon filing
1339	of the complaint, the person may have her or his name removed
1340	from the list of those persons who may not be issued a license
1341	plate or revalidation sticker for any motor vehicle under s.
1342	320.03(8), thereby allowing issuance of a license plate or
1343	revalidation sticker, upon posting with the court a cash or
1344	surety bond or other adequate security equal to the amount of
1345	the wrecker operator's lien to ensure the payment of such lien
1346	in the event she or he does not prevail. Upon the posting of the
1347	bond and the payment of the applicable fee set forth in s.
1348	28.24, the clerk of the court shall issue a certificate
1349	notifying the department of the posting of the bond and
1350	directing the department to release the wrecker operator's lien.
1351	Upon determining the respective rights of the parties, the court
1352	may award damages and costs in favor of the prevailing party.
1353	3.  If a person against whom a wrecker operator's lien has
1354	been imposed does not object to the lien, but cannot discharge
1355	the lien by payment because the wrecker operator has moved or
1356	gone out of business, the person may have her or his name
1357	removed from the list of those persons who may not be issued a
1358	license plate or revalidation sticker for any motor vehicle
1359	under s. 320.03(8), thereby allowing issuance of a license plate
1360	or revalidation sticker, upon posting with the clerk of court in
1361	the county in which the vehicle, vessel, or mobile home was
1362	ordered removed, a cash or surety bond or other adequate
1363	security equal to the amount of the wrecker operator's lien.
1364	Upon the posting of the bond and the payment of the application
1365	fee set forth in s. 28.24, the clerk of the court shall issue a
1366	certificate notifying the department of the posting of the bond
1367	and directing the department to release the wrecker operator's
1368	lien. The department shall mail to the wrecker operator, at the
1369	address upon the lien form, notice that the wrecker operator
1370	must claim the security within 60 days, or the security will be
1371	released back to the person who posted it. At the conclusion of
1372	the 60 days, the department shall direct the clerk as to which
1373	party is entitled to payment of the security, less applicable
1374	clerk's fees.
1375	4.  A wrecker operator's lien expires 5 years after filing.
1376	(d)  Upon discharge of the amount of the wrecker operator's
1377	lien allowed by paragraph (b), the wrecker operator must issue a
1378	certificate of discharged wrecker operator's lien on forms
1379	provided by the department to each registered owner of the
1380	vehicle, vessel, or mobile home attesting that the amount of the
1381	wrecker operator's lien allowed by paragraph (b) has been
1382	discharged. Upon presentation of the certificate of discharged
1383	wrecker operator's lien by the registered owner, the department
1384	shall immediately remove the registered owner's name from the
1385	list of those persons who may not be issued a license plate or
1386	revalidation sticker for any motor vehicle under s. 320.03(8),
1387	thereby allowing issuance of a license plate or revalidation
1388	sticker. Issuance of a certificate of discharged wrecker
1389	operator's lien under this paragraph does not discharge the
1390	entire amount of the wrecker operator's lien claimed under
1391	subsection (2), but only certifies to the department that the
1392	amount of the wrecker operator's lien allowed by paragraph (b),
1393	for which the department will prevent issuance of a license
1394	plate or revalidation sticker, has been discharged.
1395	(e)  When a wrecker operator files a notice of wrecker
1396	operator's lien under this subsection, the department shall
1397	charge the wrecker operator a fee of $2, which must shall be
1398	deposited into the General Revenue Fund established under s.
1399	860.158. A service charge of $2.50 shall be collected and
1400	retained by the tax collector who processes a notice of wrecker
1401	operator's lien.
1402	(f)  This subsection applies only to the annual renewal in
1403	the registered owner's birth month of a motor vehicle
1404	registration and does not apply to the transfer of a
1405	registration of a motor vehicle sold by a motor vehicle dealer
1406	licensed under chapter 320, except for the transfer of
1407	registrations which is inclusive of the annual renewals. This
1408	subsection does not apply to any vehicle registered in the name
1409	of a lessor. This subsection does not affect the issuance of the
1410	title to a motor vehicle, notwithstanding s. 319.23(7)(b).
1411	(g)  The Department of Highway Safety and Motor Vehicles
1412	may adopt rules under pursuant to ss. 120.536(1) and 120.54 to
1413	implement this subsection.
1414	Section 18.  Effective January 1, 2005, section 713.78,
1415	Florida Statutes, as amended by this act, is amended to read:
1416	713.78  Liens for recovering, towing, or storing vehicles
1417	and vessels.--
1418	(1)  As used in For the purposes of this section, the term:
1419	(a)  "Business day" means a day other than a Saturday,
1420	Sunday, or federal or state legal holiday.
1421	(b)  "Property owner" has the same meaning ascribed in s.
1422	715.07.
1423	(c)(a)  "Vehicle" has the same meaning ascribed in s.
1424	508.01 means any mobile item, whether motorized or not, which is
1425	mounted on wheels.
1426	(d)(b)  "Vessel" has the same meaning ascribed in s. 508.01
1427	means every description of watercraft, barge, and air boat used
1428	or capable of being used as a means of transportation on water,
1429	other than a seaplane or a "documented vessel" as defined in s.
1430	327.02(8).
1431	(e)(c)  "Wrecker" has the same meaning ascribed in s.
1432	320.01 means any truck or other vehicle which is used to tow,
1433	carry, or otherwise transport motor vehicles or vessels upon the
1434	streets and highways of this state and which is equipped for
1435	that purpose with a boom, winch, car carrier, or other similar
1436	equipment.
1437	(f)  "Wrecker company" has the same meaning ascribed in s.
1438	508.01.
1439	(g)  "Wrecker operator" has the same meaning ascribed in s.
1440	508.01.
1441	(2)  Whenever a wrecker company registered under chapter
1442	508 person regularly engaged in the business of transporting
1443	vehicles or vessels by wrecker, tow truck, or car carrier
1444	recovers, removes, or stores a vehicle or, vessel, or mobile
1445	home upon instructions from:
1446	(a)  The owner of the vehicle or vessel thereof; or
1447	(b)  The property owner or lessor, or a person authorized
1448	by the owner or lessor, of real property on which the such
1449	vehicle is wrongfully parked without permission, and the such
1450	removal is done in compliance with s. 715.07; or
1451	(c)  A Any law enforcement agency,; or
1452	(d)  A mobile home park owner as defined in s. 723.003 who
1453	has a current writ of possession for a mobile home lot pursuant
1454	to s. 723.061,
1455
1456	the wrecker company has she or he shall have a lien on the such
1457	vehicle or vessel for a reasonable towing fee and for a
1458	reasonable storage fee; except that a no storage fee may not
1459	shall be charged if a such vehicle or vessel is stored for less
1460	than 6 hours.
1461	(3)  This section does not authorize any person to claim a
1462	lien on a vehicle for fees or charges connected with the
1463	immobilization of a such vehicle using a vehicle boot or other
1464	similar device under pursuant to s. 715.07.
1465	(4)(a)  Any wrecker company that person regularly engaged
1466	in the business of recovering, towing, or storing vehicles or
1467	vessels who comes into possession of a vehicle or vessel under
1468	pursuant to subsection (2), and who claims a lien for recovery,
1469	towing, or storage services, must shall give notice to the
1470	registered owner, the insurance company insuring the vehicle
1471	notwithstanding the provisions of s. 627.736, and to all persons
1472	claiming a lien on the vehicle or vessel thereon, as disclosed
1473	by the records in the Department of Highway Safety and Motor
1474	Vehicles or of a corresponding agency in any other state.
1475	(b)  Whenever a any law enforcement agency authorizes the
1476	removal of a vehicle, or whenever a wrecker company any towing
1477	service, garage, repair shop, or automotive service, storage, or
1478	parking place notifies the law enforcement agency of possession
1479	of a vehicle under pursuant to s. 715.07(2)(a)2., the applicable
1480	law enforcement agency shall contact the Department of Highway
1481	Safety and Motor Vehicles, or the appropriate agency of the
1482	state of registration, if known, within 24 hours through the
1483	medium of electronic communications, giving the full description
1484	of the vehicle. Upon receipt of the full description of the
1485	vehicle, the department shall search its files to determine the
1486	owner's name, the insurance company insuring the vehicle, and
1487	whether any person has filed a lien upon the vehicle as provided
1488	in s. 319.27(2) and (3) and notify the applicable law
1489	enforcement agency within 72 hours. The wrecker company person
1490	in charge of the towing service, garage, repair shop, or
1491	automotive service, storage, or parking place shall obtain this
1492	such information from the applicable law enforcement agency
1493	within 5 days after from the date of storage and must shall give
1494	notice under pursuant to paragraph (a). The department may
1495	release the insurance company information to the requestor
1496	notwithstanding the provisions of s. 627.736.
1497	(c)  Notice by certified mail, return receipt requested,
1498	must shall be sent within 7 business days after the date of
1499	storage of the vehicle or vessel to the registered owner, the
1500	insurance company insuring the vehicle notwithstanding the
1501	provisions of s. 627.736, and all persons of record claiming a
1502	lien against the vehicle or vessel.  The notice must It shall
1503	state the fact of possession of the vehicle or vessel, that a
1504	lien as provided in subsection (2) is claimed, that charges have
1505	accrued and the amount of the charges thereof, that the lien is
1506	subject to enforcement under pursuant to law, and that the owner
1507	or lienholder, if any, has the right to a hearing as set forth
1508	in subsection (5), and that any vehicle or vessel which remains
1509	unclaimed, or for which the charges for recovery, towing, or
1510	storage services remain unpaid, may be sold free of all prior
1511	liens after 35 days if the vehicle or vessel is more than 3
1512	years of age or after 50 days if the vehicle or vessel is 3
1513	years of age or less.
1514	(d)  If the wrecker company is unable attempts to identify
1515	the name of locate the owner or lienholder prove unsuccessful,
1516	the wrecker company must towing-storage operator shall, after 7
1517	business working days following, excluding Saturday and Sunday,
1518	of the initial tow or storage, notify the public agency of
1519	jurisdiction in writing by certified mail or acknowledged hand
1520	delivery that the wrecker towing-storage company has been unable
1521	to identify the name of locate the owner or lienholder and a
1522	physical search of the vehicle or vessel has disclosed no
1523	ownership information and a good faith effort has been made. For
1524	purposes of this paragraph and subsection (9), the term "good
1525	faith effort" means that the following checks have been
1526	performed by the wrecker company to establish prior state of
1527	registration and for title:
1528	1.  Check of vehicle or vessel for any type of tag, tag
1529	record, temporary tag, or regular tag.
1530	2.  Check of law enforcement report for tag number or other
1531	information identifying the vehicle or vessel, if the vehicle or
1532	vessel was towed at the request of a law enforcement officer.
1533	3.  Check of trip sheet or tow ticket of the wrecker tow
1534	truck operator to see if a tag was on vehicle at beginning of
1535	tow, if private tow.
1536	4.  If there is no address of the owner on the impound
1537	report, check of law enforcement report to see if an out-of-
1538	state address is indicated from driver license information.
1539	5.  Check of vehicle or vessel for inspection sticker or
1540	other stickers and decals that may indicate a state of possible
1541	registration.
1542	6.  Check of the interior of the vehicle or vessel for any
1543	papers that may be in the glove box, trunk, or other areas for a
1544	state of registration.
1545	7.  Check of vehicle for vehicle identification number.
1546	8.  Check of vessel for vessel registration number.
1547	9.  Check of vessel hull for a hull identification number
1548	which should be carved, burned, stamped, embossed, or otherwise
1549	permanently affixed to the outboard side of the transom or, if
1550	there is no transom, to the outmost seaboard side at the end of
1551	the hull that bears the rudder or other steering mechanism.
1552	(5)(a)  The owner of a vehicle or vessel removed under
1553	pursuant to the provisions of subsection (2), or any person
1554	claiming a lien, other than the wrecker company towing-storage
1555	operator, within 10 days after the time she or he has knowledge
1556	of the location of the vehicle or vessel, may file a complaint
1557	in the county court of the county in which the vehicle or vessel
1558	is stored or in which the owner resides to determine if her or
1559	his property was wrongfully taken or withheld from her or him.
1560	(b)  Upon filing of a complaint, an owner or lienholder may
1561	have her or his vehicle or vessel released upon posting with the
1562	court a cash or surety bond or other adequate security equal to
1563	the amount of the charges for towing or storage and lot rental
1564	amount to ensure the payment of the such charges in the event
1565	she or he does not prevail.  Upon the posting of the bond and
1566	the payment of the applicable fee set forth in s. 28.24, the
1567	clerk of the court shall issue a certificate notifying the
1568	lienor of the posting of the bond and directing the lienor to
1569	release the vehicle or vessel. At the time of the such release,
1570	after reasonable inspection, she or he shall give a receipt to
1571	the wrecker towing-storage company reciting any claims she or he
1572	has for loss or damage to the vehicle or vessel or to the
1573	contents of the vehicle or vessel thereof.
1574	(c)  Upon determining the respective rights of the parties,
1575	the court shall may award damages, and costs, and reasonable
1576	attorney's fees to in favor of the prevailing party. In any
1577	event, The final order must require shall provide for immediate
1578	payment in full of the recovery, towing, and storage fees by the
1579	vehicle or vessel owner or lienholder; by or the law enforcement
1580	agency ordering the tow; or by the property owner, lessee, or
1581	agent thereof of the real property from which the vehicle or
1582	vessel was towed or removed under s. 715.07.
1583	(6)  Any vehicle or vessel that which is stored under
1584	pursuant to subsection (2) and that which remains unclaimed, or
1585	for which reasonable charges for recovery, towing, or storing
1586	remain unpaid or for which a lot rental amount is due and owing
1587	to the mobile home park owner, as evidenced by a judgment for
1588	unpaid rent, and any contents not released under pursuant to
1589	subsection (10), may be sold by the wrecker company owner or
1590	operator of the storage space for the such towing or storage
1591	charge or unpaid lot rental amount after 35 days after from the
1592	time the vehicle or vessel is stored in the wrecker company's
1593	storage facility therein if the vehicle or vessel is more than 3
1594	years of age or after 50 days after following the time the
1595	vehicle or vessel is stored in the wrecker company's storage
1596	facility therein if the vehicle or vessel is 3 years of age or
1597	less. The sale must shall be at public auction for cash. If the
1598	date of the sale is was not included in the notice required in
1599	subsection (4), notice of the sale must shall be given to the
1600	person in whose name the vehicle or, vessel, or mobile home is
1601	registered, to the mobile home park owner, and to all persons
1602	claiming a lien on the vehicle or vessel as shown on the records
1603	of the Department of Highway Safety and Motor Vehicles or of the
1604	corresponding agency in any other state. Notice must shall be
1605	sent by certified mail, return receipt requested, to the owner
1606	of the vehicle or vessel and the person having the recorded lien
1607	on the vehicle or vessel at the address shown on the records of
1608	the registering agency and must shall be mailed at least not
1609	less than 15 days before the date of the sale. After diligent
1610	search and inquiry, if the name and address of the registered
1611	owner or the owner of the recorded lien cannot be ascertained,
1612	the requirements of notice by mail may be dispensed with.  In
1613	addition to the notice by mail, public notice of the time and
1614	place of sale must shall be made by publishing a notice of the
1615	sale thereof one time, at least 10 days before prior to the date
1616	of the sale, in a newspaper of general circulation in the county
1617	in which the sale is to be held.  The proceeds of the sale,
1618	after payment of reasonable towing and storage charges and,
1619	costs of the sale, and the unpaid lot rental amount, in that
1620	order of priority, must shall be deposited with the clerk of the
1621	circuit court for the county if the owner is absent, and the
1622	clerk shall hold the such proceeds subject to the claim of the
1623	person legally entitled to those proceeds thereto. The clerk is
1624	shall be entitled to receive 5 percent of the such proceeds for
1625	the care and disbursement of the proceeds thereof.  The
1626	certificate of title issued under this section must law shall be
1627	discharged of all liens unless otherwise provided by court
1628	order.
1629	(7)(a)  A wrecker company, its wrecker operators, and other
1630	employees or agents of the wrecker company operator recovering,
1631	towing, or storing vehicles or vessels are is not liable for
1632	damages connected with those such services, theft of the such
1633	vehicles or vessels, or theft of personal property contained in
1634	the such vehicles or vessels, if those provided that such
1635	services are have been performed with reasonable care and if
1636	provided, further, that, in the case of removal of a vehicle or
1637	vessel upon the request of a person purporting, and reasonably
1638	appearing, to be the property owner or lessee, or a person
1639	authorized by the owner or lessee, of the real property from
1640	which the such vehicle or vessel is removed, the such removal
1641	has been done in compliance with s. 715.07. Further, a wrecker
1642	company, its wrecker operators, and other employees or agents of
1643	the wrecker company are operator is not liable for damage
1644	connected with those such services when complying with the
1645	lawful directions of a law enforcement officer to remove a
1646	vehicle stopped, standing, or parked upon a street or highway in
1647	such a position that obstructs as to obstruct the normal
1648	movement of traffic or that creates in such a condition as to
1649	create a hazard to other traffic upon the street or highway.
1650	(b)  Employees or authorized agents of an authorized or
1651	unauthorized wrecker company, as defined in s. 321.051 or s.
1652	323.002, may remove a vehicle or vehicle cargo from a public
1653	road without consent of the owner or operator of the vehicle or
1654	vehicle cargo upon request of a law enforcement officer as
1655	defined in s. 112.531, a sheriff or deputy sheriff as defined in
1656	s. 30.072, or a firefighter as defined in s. 112.81. The
1657	employee or authorized agent of the wrecker company, its wrecker
1658	operators, and other employees or agents of the wrecker company,
1659	the law enforcement officer, sheriff, or deputy sheriff, and the
1660	firefighters and emergency medical services providers are not
1661	liable for any property damages or claims of damage for the
1662	removal if the vehicle or vehicle cargo is removed because it
1663	presents an imminent public-safety hazard.
1664	(c)(b)  For the purposes of this subsection, a wrecker
1665	company, its wrecker operators, and other employees or agents of
1666	the wrecker company are operator is presumed to use reasonable
1667	care to prevent the theft of a vehicle or vessel or of any
1668	personal property contained in the such vehicle stored in the
1669	wrecker company's operator's storage facility if all of the
1670	following apply:
1671	1.  The wrecker company operator surrounds the storage
1672	facility with a chain-link or solid-wall type fence at least 6
1673	feet in height;
1674	2.  The wrecker company illuminates operator has
1675	illuminated the storage facility with lighting of sufficient
1676	intensity to reveal persons and vehicles at a distance of at
1677	least 150 feet during nighttime; and
1678	3.  The wrecker company operator uses one or more of the
1679	following security methods to discourage theft of vehicles or
1680	vessels or of any personal property contained in such vehicles
1681	or vessels stored in the wrecker company's operator's storage
1682	facility:
1683	a.  A night dispatcher or watchman remains on duty at the
1684	storage facility from sunset to sunrise;
1685	b.  A security dog remains at the storage facility from
1686	sunset to sunrise;
1687	c.  Security cameras or other similar surveillance devices
1688	monitor the storage facility; or
1689	d.  A security guard service examines the storage facility
1690	at least once each hour from sunset to sunrise.
1691	(d)(c)  Any law enforcement agency requesting that a motor
1692	vehicle be removed from an accident scene, street, or highway
1693	must conduct an inventory and prepare a written record of all
1694	personal property found in the vehicle before the vehicle is
1695	removed by a wrecker operator. However, if the owner or driver
1696	of the motor vehicle is present and accompanies the vehicle, an
1697	no inventory by law enforcement is not required. A wrecker
1698	company, its wrecker operators, and other employees or agents of
1699	the wrecker company are operator is not liable for the loss of
1700	personal property alleged to be contained in such a vehicle when
1701	the such personal property was not identified on the inventory
1702	record prepared by the law enforcement agency requesting the
1703	removal of the vehicle.
1704	(8)  A wrecker company and its wrecker operators, excluding
1705	person regularly engaged in the business of recovering, towing,
1706	or storing vehicles or vessels, except a person licensed under
1707	chapter 493 while engaged in "repossession" activities as
1708	defined in s. 493.6101, may not operate a wrecker, tow truck, or
1709	car carrier unless the name, address, and telephone number of
1710	the wrecker company performing the wrecker services service is
1711	clearly printed in contrasting colors on the driver and
1712	passenger sides of the wrecker its vehicle.  The name must be in
1713	at least 3-inch permanently affixed letters, and the address and
1714	telephone number must be in at least 1-inch permanently affixed
1715	letters.
1716	(9)  Failure to make good faith best efforts to comply with
1717	the notice requirements of this section precludes shall preclude
1718	the imposition of any storage charges against the such vehicle
1719	or vessel.
1720	(10)  Each wrecker company that provides Persons who
1721	provide services under pursuant to this section must shall
1722	permit vehicle or vessel owners or their agents, which agency is
1723	evidenced by a writing acknowledged by the owner before a notary
1724	public or other person empowered by law to administer oaths, to
1725	inspect the towed vehicle or vessel and must shall release to
1726	the owner or agent all personal property not affixed to the
1727	vehicle or vessel which was in the vehicle or vessel at the time
1728	the vehicle or vessel came into the custody of the wrecker
1729	company person providing those such services.
1730	(11)(a)  A wrecker company that Any person regularly
1731	engaged in the business of recovering, towing, or storing
1732	vehicles or vessels who comes into possession of a vehicle or
1733	vessel under pursuant to subsection (2) and that complies who
1734	has complied with the provisions of subsections (3) and (6),
1735	when the such vehicle or vessel is to be sold for purposes of
1736	being dismantled, destroyed, or changed in a such manner that it
1737	is not the motor vehicle or, vessel, or mobile home described in
1738	the certificate of title, must shall apply to the county tax
1739	collector for a certificate of destruction.  A certificate of
1740	destruction, which authorizes the dismantling or destruction of
1741	the vehicle or vessel described on the certificate therein, is
1742	shall be reassignable no more than twice a maximum of two times
1743	before dismantling or destruction of the vehicle is shall be
1744	required, and the certificate must shall accompany the vehicle
1745	or vessel for which it is issued, when the such vehicle or
1746	vessel is sold for that purpose such purposes, in lieu of a
1747	certificate of title.  The application for a certificate of
1748	destruction must include an affidavit from the applicant that it
1749	has complied with all applicable requirements of this section
1750	and, if the vehicle or vessel is not registered in this state,
1751	by a statement from a law enforcement officer that the vehicle
1752	or vessel is not reported stolen, and must also shall be
1753	accompanied by any other such documentation as may be required
1754	by the department.
1755	(b)  The Department of Highway Safety and Motor Vehicles
1756	shall charge a fee of $3 for each certificate of destruction.  A
1757	service charge of $4.25 shall be collected and retained by the
1758	tax collector who processes the application.
1759	(c)  The Department of Highway Safety and Motor Vehicles
1760	may adopt such rules to administer as it deems necessary or
1761	proper for the administration of this subsection.
1762	(12)(a)  Any person who violates any provision of
1763	subsection (1), subsection (2), subsection (4), subsection (5),
1764	subsection (6), or subsection (7) commits is guilty of a
1765	misdemeanor of the first degree, punishable as provided in s.
1766	775.082 or s. 775.083.
1767	(b)  Any person who violates the provisions of subsections
1768	(8) through (11) commits is guilty of a felony of the third
1769	degree, punishable as provided in s. 775.082, s. 775.083, or s.
1770	775.084.
1771	(c)  Any person who uses a false or fictitious name, gives
1772	a false or fictitious address, or makes any false statement in
1773	any application or affidavit required under the provisions of
1774	this section commits is guilty of a felony of the third degree,
1775	punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
1776	(d)  Employees of the Department of Highway Safety and
1777	Motor Vehicles and law enforcement officers may are authorized
1778	to inspect the records of each wrecker company in this state any
1779	person regularly engaged in the business of recovering, towing,
1780	or storing vehicles or vessels or transporting vehicles or
1781	vessels by wrecker, tow truck, or car carrier, to ensure
1782	compliance with the requirements of this section. Any person who
1783	fails to maintain records, or fails to produce records when
1784	required in a reasonable manner and at a reasonable time,
1785	commits a misdemeanor of the first degree, punishable as
1786	provided in s. 775.082 or s. 775.083.
1787	(13)(a)  Upon receipt by the Department of Highway Safety
1788	and Motor Vehicles of written notice from a wrecker company
1789	operator who claims a wrecker company's operator's lien under
1790	paragraph (2)(c) or paragraph (2)(d) for recovery, towing, or
1791	storage of an abandoned vehicle or, vessel, or mobile home upon
1792	instructions from any law enforcement agency, for which a
1793	certificate of destruction has been issued under subsection
1794	(11), the department shall place the name of the registered
1795	owner of that vehicle or, vessel, or mobile home on the list of
1796	those persons who may not be issued a license plate or
1797	revalidation sticker for any motor vehicle under s. 320.03(8).
1798	If the vehicle or, vessel, or mobile home is owned jointly by
1799	more than one person, the name of each registered owner shall be
1800	placed on the list. The notice of wrecker company's operator's
1801	lien shall be submitted on forms provided by the department,
1802	which must include:
1803	1.  The name, address, and telephone number of the wrecker
1804	company operator.
1805	2.  The name of the registered owner of the vehicle or,
1806	vessel, or mobile home and the address to which the wrecker
1807	company operator provided notice of the lien to the registered
1808	owner under subsection (4).
1809	3.  A general description of the vehicle or, vessel, or
1810	mobile home, including its color, make, model, body style, and
1811	year.
1812	4.  The vehicle identification number (VIN); registration
1813	license plate number, state, and year; validation decal number,
1814	state, and year; mobile home sticker number, state, and year;
1815	vessel registration number; hull identification number; or other
1816	identification number, as applicable.
1817	5.  The name of the person or the corresponding law
1818	enforcement agency that requested that the vehicle or, vessel,
1819	or mobile home be recovered, towed, or stored.
1820	6.  The amount of the wrecker company's operator's lien,
1821	not to exceed the amount allowed by paragraph (b).
1822	(b)  For purposes of this subsection only, the amount of
1823	the wrecker company's operator's lien for which the department
1824	will prevent issuance of a license plate or revalidation sticker
1825	may not exceed the amount of the charges for recovery, towing,
1826	and storage of the vehicle or, vessel, or mobile home for 7
1827	days. These charges may not exceed the maximum rates imposed by
1828	the ordinances of the respective county or municipality under
1829	ss. 125.0103(1)(c) and 166.043(1)(c). This paragraph does not
1830	limit the amount of a wrecker company's operator's lien claimed
1831	under subsection (2) or prevent a wrecker company operator from
1832	seeking civil remedies for enforcement of the entire amount of
1833	the lien, but limits only that portion of the lien for which the
1834	department will prevent issuance of a license plate or
1835	revalidation sticker.
1836	(c)1.  The registered owner of a vehicle, vessel, or mobile
1837	home may dispute a wrecker company's operator's lien, by
1838	notifying the department of the dispute in writing on forms
1839	provided by the department, if at least one of the following
1840	applies:
1841	a.  The registered owner presents a notarized bill of sale
1842	proving that the vehicle or, vessel, or mobile home was sold in
1843	a private or casual sale before the vehicle or, vessel, or
1844	mobile home was recovered, towed, or stored.
1845	b.  The registered owner presents proof that the Florida
1846	certificate of title of the vehicle or, vessel, or mobile home
1847	was sold to a licensed dealer as defined in s. 319.001 before
1848	the vehicle or, vessel, or mobile home was recovered, towed, or
1849	stored.
1850	c.  The records of the department were marked to indicate
1851	that the vehicle or, vessel, or mobile home was sold before the
1852	issuance of the certificate of destruction under subsection
1853	(11).
1854
1855	If the registered owner's dispute of a wrecker company's
1856	operator's lien complies with one of these criteria, the
1857	department shall immediately remove the registered owner's name
1858	from the list of those persons who may not be issued a license
1859	plate or revalidation sticker for any motor vehicle under s.
1860	320.03(8), thereby allowing issuance of a license plate or
1861	revalidation sticker. If the vehicle or, vessel, or mobile home
1862	is owned jointly by more than one person, each registered owner
1863	must dispute the wrecker company's operator's lien in order to
1864	be removed from the list. However, the department shall deny any
1865	dispute and maintain the registered owner's name on the list of
1866	those persons who may not be issued a license plate or
1867	revalidation sticker for any motor vehicle under s. 320.03(8) if
1868	the wrecker company operator has provided the department with a
1869	certified copy of the judgment of a court which orders the
1870	registered owner to pay the wrecker company's operator's lien
1871	claimed under this section. In such a case, the amount of the
1872	wrecker company's operator's lien allowed by paragraph (b) may
1873	be increased to include no more than $500 of the reasonable
1874	costs and attorney's fees incurred in obtaining the judgment.
1875	The department's action under this subparagraph is ministerial
1876	in nature, shall not be considered final agency action, and may
1877	be appealed only to the county court for the county in which the
1878	vehicle or, vessel, or mobile home was ordered removed.
1879	2.  A person against whom a wrecker company's operator's
1880	lien has been imposed may alternatively obtain a discharge of
1881	the lien by filing a complaint, challenging the validity of the
1882	lien or the amount thereof, in the county court of the county in
1883	which the vehicle or, vessel, or mobile home was ordered
1884	removed. Upon filing of the complaint, the person may have her
1885	or his name removed from the list of those persons who may not
1886	be issued a license plate or revalidation sticker for any motor
1887	vehicle under s. 320.03(8), thereby allowing issuance of a
1888	license plate or revalidation sticker, upon posting with the
1889	court a cash or surety bond or other adequate security equal to
1890	the amount of the wrecker company's operator's lien to ensure
1891	the payment of such lien in the event she or he does not
1892	prevail. Upon the posting of the bond and the payment of the
1893	applicable fee set forth in s. 28.24, the clerk of the court
1894	shall issue a certificate notifying the department of the
1895	posting of the bond and directing the department to release the
1896	wrecker company's operator's lien. Upon determining the
1897	respective rights of the parties, the court may award damages
1898	and costs in favor of the prevailing party.
1899	3.  If a person against whom a wrecker company's operator's
1900	lien has been imposed does not object to the lien, but cannot
1901	discharge the lien by payment because the wrecker company
1902	operator has moved or gone out of business, the person may have
1903	her or his name removed from the list of those persons who may
1904	not be issued a license plate or revalidation sticker for any
1905	motor vehicle under s. 320.03(8), thereby allowing issuance of a
1906	license plate or revalidation sticker, upon posting with the
1907	clerk of court in the county in which the vehicle or, vessel, or
1908	mobile home was ordered removed, a cash or surety bond or other
1909	adequate security equal to the amount of the wrecker company's
1910	operator's lien. Upon the posting of the bond and the payment of
1911	the application fee set forth in s. 28.24, the clerk of the
1912	court shall issue a certificate notifying the department of the
1913	posting of the bond and directing the department to release the
1914	wrecker company's operator's lien. The department shall mail to
1915	the wrecker company operator, at the address upon the lien form,
1916	notice that the wrecker company operator must claim the security
1917	within 60 days, or the security will be released back to the
1918	person who posted it. At the conclusion of the 60 days, the
1919	department shall direct the clerk as to which party is entitled
1920	to payment of the security, less applicable clerk's fees.
1921	4.  A wrecker company's operator's lien expires 5 years
1922	after filing.
1923	(d)  Upon discharge of the amount of the wrecker company's
1924	operator's lien allowed by paragraph (b), the wrecker company
1925	operator must issue a certificate of discharged wrecker
1926	company's operator's lien on forms provided by the department to
1927	each registered owner of the vehicle, vessel, or mobile home
1928	attesting that the amount of the wrecker company's operator's
1929	lien allowed by paragraph (b) has been discharged. Upon
1930	presentation of the certificate of discharged wrecker company's
1931	operator's lien by the registered owner, the department shall
1932	immediately remove the registered owner's name from the list of
1933	those persons who may not be issued a license plate or
1934	revalidation sticker for any motor vehicle under s. 320.03(8),
1935	thereby allowing issuance of a license plate or revalidation
1936	sticker. Issuance of a certificate of discharged wrecker
1937	company's operator's lien under this paragraph does not
1938	discharge the entire amount of the wrecker company's operator's
1939	lien claimed under subsection (2), but only certifies to the
1940	department that the amount of the wrecker company's operator's
1941	lien allowed by paragraph (b), for which the department will
1942	prevent issuance of a license plate or revalidation sticker, has
1943	been discharged.
1944	(e)  When a wrecker company operator files a notice of
1945	wrecker operator's lien under this subsection, the department
1946	shall charge the wrecker company operator a fee of $2, which
1947	must be deposited into the General Revenue Fund. A service
1948	charge of $2.50 shall be collected and retained by the tax
1949	collector who processes a notice of wrecker company's operator's
1950	lien.
1951	(f)  This subsection applies only to the annual renewal in
1952	the registered owner's birth month of a motor vehicle
1953	registration and does not apply to the transfer of a
1954	registration of a motor vehicle sold by a motor vehicle dealer
1955	licensed under chapter 320, except for the transfer of
1956	registrations which is inclusive of the annual renewals. This
1957	subsection does not apply to any vehicle registered in the name
1958	of a lessor. This subsection does not affect the issuance of the
1959	title to a motor vehicle, notwithstanding s. 319.23(7)(b).
1960	(g)  The Department of Highway Safety and Motor Vehicles
1961	may adopt rules under ss. 120.536(1) and 120.54 to implement
1962	this subsection.
1963	(14)  The amendments to this section made by this act do
1964	not affect the validity of liens established under this section
1965	before January 1, 2005.
1966	Section 19.  Effective January 1, 2005, section 713.785,
1967	Florida Statutes, is created to read:
1968	713.785  Liens for recovering, towing, or storing mobile
1969	homes.--
1970	(1)  As used in this section, the term:
1971	(a)  "Mobile home" means a mobile home or manufactured home
1972	as those terms are defined in s. 320.01 and any contents and
1973	appurtenances thereof.
1974	(b)  "Mobile home transport company" means a person
1975	regularly engaged in the business of transporting mobile homes.
1976	(c)  "Property owner" has the same meaning ascribed in s.
1977	715.07.
1978	(d)  "Store" means a mobile home transport company has
1979	legal possession of a mobile home either on the mobile home
1980	transport company's property or on any other property.
1981	(e)  "Unpaid lot rental amount" means any unpaid financial
1982	obligations of the mobile home owner or tenant to the mobile
1983	home park owner.
1984	(2)  If a mobile home transport company recovers, removes,
1985	or stores a mobile home upon instructions from:
1986	(a)  The owner of the mobile home;
1987	(b)  A law enforcement agency; or
1988	(c)  A mobile home park owner as defined in s. 723.003 who
1989	has a current writ of possession for a mobile home lot under s.
1990	723.062 or s. 83.062,
1991
1992	the mobile home transport company has a lien on the mobile home
1993	for a reasonable towing fee and for a reasonable storage fee.
1994	(3)  A mobile home transport company that comes into
1995	possession of a mobile home under subsection (2) and that claims
1996	a lien for recovery, towing, or storage services must give
1997	notice to the registered owner and to all persons claiming a
1998	lien on the mobile home, as disclosed by the records in the
1999	Department of Highway Safety and Motor Vehicles or of a
2000	corresponding agency in any other state.
2001	(4)  The lien created under subsection (2) is prior in
2002	dignity to all others except a lien for unpaid purchase price or
2003	a landlord's lien for rent.
2004	(5)  A mobile home that is stored under subsection (2) and
2005	that remains unclaimed, or for which reasonable charges for
2006	recovery, towing, or storing remain unpaid or for which a lot
2007	rental amount is due and owing to the mobile home park owner,
2008	may be sold by the mobile home transport company for the towing
2009	or storage charge and any unpaid lot rental amount 35 days after
2010	the mobile home is stored by a mobile home transport company.
2011	The sale must be at public auction for cash. Notice of the sale
2012	must be given to the person in whose name the mobile home is
2013	registered, to the mobile home park owner, and to all persons
2014	claiming a lien on the mobile home as shown on the records of
2015	the Department of Highway Safety and Motor Vehicles or of the
2016	corresponding agency in any other state. Notice must be sent by
2017	certified mail, return receipt requested, at least 15 days
2018	before the date of the sale. After diligent search and inquiry,
2019	if the name and address of the registered owner or the owner of
2020	the recorded lien cannot be ascertained, the requirements of
2021	notice by mail may be dispensed with. In addition to the notice
2022	by mail, public notice of the time and place of sale must be
2023	made by publishing a notice of the sale one time, at least 10
2024	days before the date of the sale, in a newspaper of general
2025	circulation in the county in which the sale is to be held. The
2026	proceeds of the sale, after payment of reasonable towing and
2027	storage charges, costs of the sale, and the unpaid lot rental
2028	amount, as evidenced by an affidavit executed by the mobile home
2029	park owner or the owner's agent, in that order of priority, must
2030	be deposited with the clerk of the circuit court for the county
2031	if the owner is absent, and the clerk shall hold the proceeds
2032	subject to the claim of the person legally entitled to those
2033	proceeds. The clerk is entitled to receive 5 percent of the
2034	proceeds for the care and disbursement of the proceeds.
2035	(6)  Neither the mobile home transport company, the
2036	landlord or his or her agent, nor any subsequent purchaser for
2037	value is responsible to the tenant or any other party for loss,
2038	destruction, or damage to the mobile home or other personal
2039	property after coming into possession of the mobile home
2040	pursuant to this section.
2041	(7)(a)  A mobile home transport company that comes into
2042	possession of a mobile home under subsection (2) and that
2043	complies with subsection (3), if the mobile home is to be sold
2044	for purposes of being dismantled, destroyed, or changed so that
2045	it is not the mobile home described in the certificate of title,
2046	must apply to the county tax collector for a certificate of
2047	destruction. A certificate of destruction, which authorizes the
2048	dismantling or destruction of the mobile home described in the
2049	certificate, is reassignable no more than twice before
2050	dismantling or destruction of the mobile home is required, and
2051	the certificate must accompany the mobile home for which it is
2052	issued when the mobile home is sold for that purpose, in lieu of
2053	a certificate of title. The application for a certificate of
2054	destruction must include an affidavit from the applicant that it
2055	has complied with all applicable requirements of this section;
2056	must, if the mobile home is not registered in this state,
2057	include a statement from a law enforcement officer that the
2058	mobile home is not reported stolen; and must be accompanied by
2059	any other documentation required by the department.
2060	(b)  The Department of Highway Safety and Motor Vehicles
2061	shall charge a fee of $3 for each certificate of destruction.
2062	The tax collector who processes the application shall collect
2063	and retain a service charge of $4.25.
2064	(c)  The Department of Highway Safety and Motor Vehicles
2065	may adopt rules to administer this subsection.
2066	(d)  Employees of the Department of Highway Safety and
2067	Motor Vehicles and law enforcement officers may inspect the
2068	records of each mobile home transport company in this state to
2069	ensure compliance with this section.
2070	(8)(a)  Upon receipt by the Department of Highway Safety
2071	and Motor Vehicles of written notice from a mobile home
2072	transport company that claims a lien under paragraph (2)(c) or
2073	paragraph (2)(d) for recovery, towing, or storage, upon
2074	instructions from any law enforcement agency, of a mobile home
2075	for which a certificate of destruction has been issued under
2076	subsection (7), the department shall place the name of the
2077	registered owner of that mobile home on the list of those
2078	persons who may not be issued a revalidation sticker under s.
2079	320.03. If the mobile home is owned jointly by more than one
2080	person, the name of each registered owner must be placed on the
2081	list. The notice of lien must be submitted on forms provided by
2082	the department, which must include:
2083	1.  The name, address, and telephone number of the mobile
2084	home transport company.
2085	2.  The name of the registered owner of the mobile home and
2086	the address to which the mobile home transport company provided
2087	notice of the lien to the registered owner under subsection (3).
2088	3.  A general description of the mobile home, including its
2089	color, make, model, and year.
2090	4.  The mobile home sticker number, state, and year or
2091	other identification number, as applicable.
2092	5.  The name of the person or the corresponding law
2093	enforcement agency that requested that the mobile home be
2094	recovered, towed, or stored.
2095	6.  The amount of the lien, which may not exceed the amount
2096	allowed by paragraph (b).
2097	(b)  For purposes of this subsection only, the amount of
2098	the mobile home transport company's lien for which the
2099	department will prevent issuance of a revalidation sticker may
2100	not exceed the amount of the charges for recovery, towing, and
2101	storage of the mobile home for 7 days. These charges may not
2102	exceed the maximum rates imposed by the ordinances of the
2103	respective county or municipality under ss. 125.0103(1)(c) and
2104	166.043(1)(c). This paragraph does not limit the amount of a
2105	mobile home transport company's lien claimed under subsection
2106	(2) or prevent a mobile home transport company from seeking
2107	civil remedies for enforcement of the entire amount of the lien,
2108	but limits only that portion of the lien for which the
2109	department will prevent issuance of a revalidation sticker.
2110	(c)1.  The registered owner of the mobile home may dispute
2111	a mobile home transport company's lien by notifying the
2112	department of the dispute in writing on forms provided by the
2113	department, if at least one of the following applies:
2114	a.  The registered owner presents a notarized bill of sale
2115	proving that the mobile home was sold in a private or casual
2116	sale before the mobile home was recovered, towed, or stored.
2117	b.  The registered owner presents proof that the Florida
2118	certificate of title of the mobile home was sold to a licensed
2119	dealer as defined in s. 319.001 before the mobile home was
2120	recovered, towed, or stored.
2121	c.  The records of the department were marked to indicate
2122	that the mobile home was sold before the issuance of the
2123	certificate of destruction under subsection (7).
2124
2125	If the registered owner's dispute of a mobile home transport
2126	company's lien complies with one of these criteria, the
2127	department shall immediately remove the registered owner's name
2128	from the list of those persons who may not be issued a
2129	revalidation sticker under s. 320.03. If the mobile home is
2130	owned jointly by more than one person, each registered owner
2131	must dispute the mobile home transport company's lien in order
2132	to be removed from the list. However, the department shall deny
2133	any dispute and maintain the registered owner's name on the list
2134	of those persons who may not be issued a revalidation sticker if
2135	the motor home transport company has provided the department
2136	with a certified copy of the judgment of a court which orders
2137	the registered owner to pay the mobile home transport company's
2138	lien claimed under this section. In such a case, the amount of
2139	the mobile home transport company's lien allowed under paragraph
2140	(b) may be increased to include no more than $500 of the
2141	reasonable costs and attorney's fees incurred in obtaining the
2142	judgment. The department's action under this subparagraph is
2143	ministerial in nature, is not final agency action, and may be
2144	appealed only to the county court for the county in which the
2145	mobile home was ordered removed.
2146	2.  A person against whom a mobile home transport company's
2147	lien has been imposed may alternatively obtain a discharge of
2148	the lien by filing a complaint challenging the validity of the
2149	lien, or the amount thereof, in the county court of the county
2150	in which the mobile home was ordered removed. Upon filing the
2151	complaint, the person may have her or his name removed from the
2152	list of those persons who may not be issued a revalidation
2153	sticker under s. 320.03 upon posting with the court a cash or
2154	surety bond or other adequate security equal to the amount of
2155	the mobile home transport company's lien to ensure the payment
2156	of the lien if she or he does not prevail. Upon the posting of
2157	the bond and the payment of the applicable fee set forth in s.
2158	28.24, the clerk of the court shall issue a certificate
2159	notifying the department of the posting of the bond and
2160	directing the department to release the mobile home transport
2161	company's lien. Upon determining the respective rights of the
2162	parties, the court may award damages and costs in favor of the
2163	prevailing party.
2164	3.  If a person against whom a mobile home transport
2165	company's lien has been imposed does not object to the lien but
2166	cannot discharge the lien by payment because the mobile home
2167	transport company has moved or gone out of business, the person
2168	may have her or his name removed from the list of those persons
2169	who may not be issued a revalidation sticker under s. 320.03
2170	upon posting with the clerk of the court in the county in which
2171	the mobile home was ordered removed a cash or surety bond or
2172	other adequate security equal to the amount of the mobile home
2173	transport company's lien. Upon the posting of the bond and the
2174	payment of the application fee set forth in s. 28.24, the clerk
2175	of the court shall issue a certificate notifying the department
2176	of the posting of the bond and directing the department to
2177	release the mobile home transport company's lien. The department
2178	shall mail to the mobile home transport company, at the address
2179	on the lien form, notice that the mobile home transport company
2180	must claim the security within 60 days or the security will be
2181	released to the person who posted it. At the conclusion of the
2182	60 days, the department shall direct the clerk as to which party
2183	is entitled to payment of the security, less applicable clerk's
2184	fees.
2185	4.  A mobile home transport company's lien expires 5 years
2186	after filing.
2187	(d)  Upon discharge of the amount of the mobile home
2188	transport company's lien allowed under paragraph (b), the mobile
2189	home transport company must issue a certificate of discharged
2190	lien on a form provided by the department to each registered
2191	owner of the mobile home, attesting that the amount of the
2192	mobile home transport company's lien allowed under paragraph (b)
2193	has been discharged. Upon presentation of the certificate of
2194	discharged lien by the registered owner, the department shall
2195	immediately remove the registered owner's name from the list of
2196	those persons who may not be issued a revalidation sticker under
2197	s. 320.03. Issuance of a certificate of discharged lien under
2198	this paragraph does not discharge the entire amount of the
2199	mobile home transport company's lien claimed under subsection
2200	(2), but certifies to the department only that the amount of the
2201	mobile home transport company's lien allowed under paragraph
2202	(b), for which the department will prevent issuance of a
2203	revalidation sticker, has been discharged.
2204	(e)  When a mobile home transport company files a notice of
2205	lien under this subsection, the department shall charge the
2206	mobile home transport company a fee of $2, which must be
2207	deposited into the General Revenue Fund. The tax collector who
2208	processes a notice of lien shall collect and retain a service
2209	charge of $2.50.
2210	(f)  The Department of Highway Safety and Motor Vehicles
2211	may adopt rules under ss. 120.536(1) and 120.54 to administer
2212	this subsection.
2213	Section 20.  Paragraph (a) of subsection (1) of section
2214	319.30, Florida Statutes, is amended to read:
2215	319.30  Definitions; dismantling, destruction, change of
2216	identity of motor vehicle or mobile home; salvage.--
2217	(1)  As used in this section, the term:
2218	(a)  "Certificate of destruction" means the certificate
2219	issued pursuant to s. 713.78(11) or s. 713.785(7)(a).
2220	Section 21.  Section 713.69, Florida Statutes, is amended
2221	to read:
2222	713.69  Unlawful to remove property upon which lien has
2223	accrued.--It is unlawful for any person to remove any property
2224	upon which a lien has accrued under the provisions of s. 713.68,
2225	s. 713.77, or s. 713.785 from any mobile home park, hotel,
2226	apartment house, roominghouse, lodginghouse, boardinghouse or
2227	tenement house without first making full payment to the person
2228	operating or conducting the same of all sums due and payable for
2229	such occupancy or without first having the written consent of
2230	such person so conducting or operating such place to so remove
2231	such property.  Any person violating the provisions of this
2232	section shall, if the property removed in violation hereof be of
2233	the value of $50 or less, be guilty of a misdemeanor of the
2234	second degree, punishable as provided in s. 775.082 or s.
2235	775.083; and if the property so removed should be of greater
2236	value than $50 then such person shall be guilty of a felony of
2237	the third degree, punishable as provided in s. 775.082, s.
2238	775.083, or s. 775.084.
2239	Section 22.  Effective January 1, 2005, section 715.07,
2240	Florida Statutes, is amended to read:
2241	715.07  Vehicles and vessels parked on real private
2242	property without permission; towing.--
2243	(1)  As used in this section, the term:
2244	(a)  "Property owner" means an owner or lessee of real
2245	property, or a person authorized by the owner or lessee, which
2246	person may be the designated representative of the condominium
2247	association if the real property is a condominium.
2248	(b)  "Vehicle" has the same meaning ascribed in s. 508.01
2249	means any mobile item which normally uses wheels, whether
2250	motorized or not.
2251	(c)  "Vessel" has the same meaning ascribed in s. 508.01.
2252	(d)  "Wrecker company" has the same meaning ascribed in s.
2253	508.01.
2254	(e)  "Wrecker operator" has the same meaning ascribed in s.
2255	508.01.
2256	(2)  A property owner The owner or lessee of real property,
2257	or any person authorized by the owner or lessee, which person
2258	may be the designated representative of the condominium
2259	association if the real property is a condominium, may cause a
2260	any vehicle or vessel parked on her or his such property without
2261	her or his permission to be removed by a wrecker company
2262	registered under chapter 508 person regularly engaged in the
2263	business of towing vehicles, without liability for the costs of
2264	removal, transportation, or storage or damages caused by the
2265	such removal, transportation, or storage, under any of the
2266	following circumstances:
2267	(a)  The towing or removal of any vehicle or vessel from
2268	real private property without the consent of the registered
2269	owner or other legally authorized person in control of that
2270	vehicle or vessel is subject to strict compliance with the
2271	following conditions and restrictions:
2272	1.a.  Any towed or removed vehicle or vessel must be stored
2273	at a storage facility site within a 10-mile radius 10 miles of
2274	the point of removal in any county of 500,000 population or
2275	more, and within a 15-mile radius 15 miles of the point of
2276	removal in any county of less than 500,000 population. The
2277	wrecker company's storage facility That site must be open for
2278	the purpose of redemption of vehicles and vessels on any day
2279	that the wrecker company person or firm towing the such vehicle
2280	or vessel is open for towing purposes, from 8 8:00 a.m. to 6
2281	6:00 p.m., and, when closed, must shall have prominently posted
2282	a sign indicating a telephone number where the operator of the
2283	storage facility site can be reached at all times.  Upon receipt
2284	of a telephoned request to open the storage facility site to
2285	redeem a vehicle or vessel, the operator shall return to the
2286	storage facility site within 1 hour or she or he is will be in
2287	violation of this section.
2288	b.  If a wrecker company no towing business providing such
2289	service is not located within the area of towing limitations set
2290	forth in sub-subparagraph a., the following limitations apply:
2291	any towed or removed vehicle or vessel must be stored at a
2292	storage facility site within a 20-mile radius 20 miles of the
2293	point of removal in any county of 500,000 population or more,
2294	and within a 30-mile radius 30 miles of the point of removal in
2295	any county of less than 500,000 population.
2296	2.  The wrecker company person or firm towing or removing
2297	the vehicle or vessel must shall, within 30 minutes after of
2298	completion of that such towing or removal, notify the municipal
2299	police department or, in an unincorporated area, the sheriff of
2300	that such towing or removal;, the location of the storage
2301	facility; site, the time the vehicle or vessel was towed or
2302	removed;, and the make, model, color, and license plate number
2303	of the vehicle or the make, model, color, and registration
2304	number of the vessel. The wrecker company must also and shall
2305	obtain the name of the person at that department to whom this
2306	such information is was reported and note that name on the trip
2307	record.
2308	3.  If the registered owner or other legally authorized
2309	person in control of the vehicle or vessel arrives at the scene
2310	before prior to removal or towing of the vehicle or vessel is
2311	towed or removed, the wrecker company must disconnect the
2312	vehicle or vessel shall be disconnected from the wrecker towing
2313	or removal apparatus, and must allow that person shall be
2314	allowed to remove the vehicle or vessel without interference
2315	upon the payment of a reasonable service fee of not more than
2316	one-half of the posted rate for those services such towing
2317	service as provided in subparagraph 6., for which a receipt
2318	shall be given, unless that person refuses to remove the vehicle
2319	or vessel that which is otherwise unlawfully parked or located.
2320	4.  A wrecker company, a wrecker operator, or another
2321	employee or agent of a wrecker company may not give a The rebate
2322	or pay payment of money or any other valuable consideration from
2323	the individual or firm towing or removing vehicles to the
2324	property owner owners or operators of the premises from which a
2325	vehicle or vessel is the vehicles are towed or removed, for the
2326	privilege of removing or towing the vehicle or vessel those
2327	vehicles, is prohibited. A property owner may not solicit a
2328	wrecker company, a wrecker operator, or another employee or
2329	agent of a wrecker company to give him or her a rebate or the
2330	payment of money or other valuable consideration for the
2331	privilege of removing or towing a vehicle from his or her
2332	premises.
2333	5.  Except for property appurtenant to and obviously a part
2334	of a single-family residence, and except for instances when
2335	notice is personally given to the owner or other legally
2336	authorized person in control of the vehicle or vessel that the
2337	area in which that vehicle or vessel is parked is reserved or
2338	otherwise unavailable for unauthorized vehicles or vessels and
2339	subject to being removed at the owner's or operator's expense,
2340	any property owner or lessee, or person authorized by the
2341	property owner or lessee, before prior to towing or removing any
2342	vehicle or vessel from real private property without the consent
2343	of the owner or other legally authorized person in control of
2344	that vehicle or vessel, must post a notice meeting the following
2345	requirements:
2346	a.  The notice must be prominently placed at each driveway
2347	access or curb cut allowing vehicular access to the property,
2348	within 5 feet from the public right-of-way line.  If there are
2349	no curbs or access barriers, the signs must be posted not less
2350	than one sign for each 25 feet of lot frontage.
2351	b.  The notice must clearly indicate, in not less than 2-
2352	inch high, light-reflective letters on a contrasting background,
2353	that unauthorized vehicles will be towed away at the owner's
2354	expense.  The words "tow-away zone" must be included on the sign
2355	in not less than 4-inch high letters.
2356	c.  The notice must also provide the name and current
2357	telephone number of the wrecker company person or firm towing or
2358	removing the vehicles, if the property owner, lessee, or person
2359	in control of the real property has a written contract with the
2360	wrecker towing company.
2361	d.  The sign structure containing the required notices must
2362	be permanently installed with the words "tow-away zone" not less
2363	than 3 feet and not more than 6 feet above ground level and must
2364	be continuously maintained on the property for not less than 24
2365	hours prior to the towing or removal of any vehicles.
2366	e.  The local government may require permitting and
2367	inspection of these signs prior to any towing or removal of
2368	vehicles being authorized.
2369	f.  A business with 20 or fewer parking spaces satisfies
2370	the notice requirements of this subparagraph by prominently
2371	displaying a sign stating "Reserved Parking for Customers Only
2372	Unauthorized Vehicles Will be Towed Away At the Owner's Expense"
2373	in not less than 4-inch high, light-reflective letters on a
2374	contrasting background.
2375	g.  A property owner towing or removing vessels from real
2376	property must post notice, consistent with the requirements in
2377	sub-subparagraphs a.-f. which apply to vehicles, that
2378	unauthorized vehicles or vessels will be towed away at the
2379	owner's expense.
2380
2381	A business owner or lessee may authorize the removal of a
2382	vehicle or vessel by a wrecker towing company registered under
2383	chapter 508 when the vehicle or vessel is parked in such a
2384	manner that restricts the normal operation of business; and if a
2385	vehicle or vessel parked on a public right-of-way obstructs
2386	access to a private driveway the owner, lessee, or agent may
2387	have the vehicle or vessel removed by a wrecker towing company
2388	registered under chapter 508 upon signing an order that the
2389	vehicle or vessel be removed without a posted tow-away zone
2390	sign.
2391	6.  Each wrecker company Any person or firm that tows or
2392	removes vehicles or vessels and proposes to require an owner,
2393	operator, or person in control of a vehicle or vessel to pay the
2394	costs of towing and storage prior to redemption of the vehicle
2395	or vessel must file and keep on record with the local law
2396	enforcement agency a complete copy of the current rates to be
2397	charged for those such services and post at the wrecker
2398	company's storage facility site an identical rate schedule and
2399	any written contracts with property owners, lessees, or persons
2400	in control of real property which authorize the wrecker company
2401	such person or firm to remove vehicles or vessels as provided in
2402	this section.
2403	7.  Each wrecker company Any person or firm towing or
2404	removing any vehicles or vessels from real private property
2405	without the consent of the owner or other legally authorized
2406	person in control of the vehicles must shall, on each wrecker
2407	any trucks, wreckers as defined in s. 320.01 s. 713.78(1)(c), or
2408	other vehicles used in the towing or removal, have the name,
2409	address, and telephone number of the wrecker company performing
2410	such service clearly printed in contrasting colors on the driver
2411	and passenger sides of the wrecker vehicle.  The name must shall
2412	be in at least 3-inch permanently affixed letters, and the
2413	address and telephone number must shall be in at least 1-inch
2414	permanently affixed letters.
2415	8.  Vehicle or vessel entry for the purpose of towing or
2416	removing the vehicle or vessel is shall be allowed with
2417	reasonable care by on the part of the wrecker company and the
2418	wrecker operators person or firm towing the vehicle or vessel
2419	for the wrecker company. A wrecker company, its wrecker
2420	operators, and other employees or agents of the wrecker company
2421	are not Such person or firm shall be liable for any damage
2422	occasioned to the vehicle or vessel if such entry to the vehicle
2423	or vessel is performed not in accordance with the standard of
2424	reasonable care.
2425	9.  When a vehicle or vessel is has been towed or removed
2426	under pursuant to this section, the wrecker company it must
2427	release the vehicle or vessel be released to its owner or
2428	custodian within one hour after requested. Any vehicle or vessel
2429	owner, custodian, or agent has shall have the right to inspect
2430	the vehicle or vessel before accepting its return. A wrecker
2431	company may not require any vehicle or vessel owner, custodian,
2432	or agent to, and no release the wrecker company or waiver of any
2433	kind which would release the person or firm towing the vehicle
2434	or vessel from liability for damages noted by the owner or other
2435	legally authorized person at the time of the redemption may be
2436	required from any vehicle owner, custodian, or agent as a
2437	condition of release of the vehicle or vessel to its owner. A
2438	wrecker company must give a person paying towing and storage
2439	charges under this section a detailed, signed receipt showing
2440	the legal name of the wrecker company or person towing or
2441	removing the vehicle must be given to the person paying towing
2442	or storage charges at the time of payment, whether requested or
2443	not.
2444	(b)  These requirements are shall be the minimum standards
2445	and do shall not preclude enactment of additional regulations by
2446	any municipality or county, including the regulation of right to
2447	regulate rates when vehicles or vessels are towed from real
2448	private property.
2449	(3)  This section does not apply to vehicles or vessels
2450	that are reasonably identifiable from markings as law
2451	enforcement, firefighting, rescue squad, ambulance, or other
2452	emergency vehicles or vessels which are marked as such or to
2453	property owned by any governmental entity.
2454	(4)  When a person improperly causes a vehicle or vessel to
2455	be removed, that such person is shall be liable to the owner or
2456	lessee of the vehicle or vessel for the cost of removal,
2457	transportation, and storage; any damages resulting from the
2458	removal, transportation, or storage of the vehicle or vessel;
2459	attorneys' fees; and court costs.
2460	(5)  Failure to make good-faith efforts to comply with the
2461	notice requirements in subparagraph (2)(a)5. precludes the
2462	imposition of any towing or storage charges against the vehicle
2463	or vessel.
2464	(6)(5)(a)  Any person who violates the provisions of
2465	subparagraph (2)(a)2. or subparagraph (2)(a)6. commits is guilty
2466	of a misdemeanor of the first degree, punishable as provided in
2467	s. 775.082 or s. 775.083.
2468	(b)  Any person who violates the provisions of subparagraph
2469	(2)(a)1., subparagraph (2)(a)3., subparagraph (2)(a)4.,
2470	subparagraph (2)(a)7., or subparagraph (2)(a)9. commits is
2471	guilty of a felony of the third degree, punishable as provided
2472	in s. 775.082, s. 775.083, or s. 775.084.
2473	Section 23.  Effective January 1, 2005, subsection (15) of
2474	section 1.01, Florida Statutes, is repealed.
2475	Section 24.  The sum of $595,000 is appropriated from the
2476	General Inspection Trust Fund to the Department of Agriculture
2477	and Consumer Services, and nine additional full-time-equivalent
2478	positions are authorized, for the purpose of implementing this
2479	act during the 2004-2005 fiscal year.
2480	Section 25.  Except as otherwise expressly provided in this
2481	act, this act shall take effect July 1, 2004.

CODING: Words stricken are deletions; words underlined are additions.