HB 1673

CS

CHAMBER ACTION

1	The Committee on Transportation recommends the following:
2
3	Committee Substitute
4	Remove the entire bill and insert:
5	A bill to be entitled
6	An act relating to wrecker services; amending s. 120.80,
7	F.S.; exempting hearings of the Division of the Florida
8	Highway Patrol concerning the wrecker allocation system
9	from requirements of ch. 120, F.S.; creating s. 205.1975,
10	F.S.; prohibiting a county or municipality from issuing or
11	renewing a license for a wrecker company that is not in
12	compliance with the requirements of the act; amending s.
13	316.530, F.S., relating to traffic control; conforming
14	provisions to changes made by the act; reenacting s.
15	316.550(4), F.S., relating to special wrecker permits, to
16	incorporate the amendment to s. 320.01, F.S., in
17	references thereto; amending s. 316.605, F.S.; providing
18	requirements for licensing wreckers and other vehicles;
19	amending s. 320.01, F.S.; redefining the term "wrecker"
20	for purposes of the Florida Statutes; amending ss. 320.03
21	and 320.0706, F.S., relating to motor vehicle registration
22	and license plates; conforming provisions to changes made
23	by the act; reenacting s. 320.08(5)(d) and (e), F.S.,
24	relating to license taxes, to incorporate the amendment to
25	s. 320.01, F.S., in references thereto; amending s.
26	320.0821, F.S.; revising requirements for the issuance of
27	wrecker license plates; amending s. 320.13, F.S., relating
28	to dealer license plates; conforming provisions to changes
29	made by the act; amending s. 321.051, F.S.; providing
30	definitions; authorizing the Division of the Florida
31	Highway Patrol within the Department of Highway Safety and
32	Motor Vehicles to establish a wrecker allocation system;
33	providing requirements for the system; authorizing the
34	division to set maximum rates for towing and storage of
35	vehicles; prohibiting an unauthorized wrecker company from
36	monitoring a police radio or engaging in other activities;
37	providing penalties; providing requirements for
38	dispatching wreckers; amending s. 323.001, F.S., relating
39	to wrecker company storage facilities; providing
40	definitions; providing procedures for a law enforcement
41	agency to place a hold on a stored vehicle; providing for
42	payment of towing and storage charges; amending s.
43	323.002, F.S.; providing definitions; providing
44	requirements for a county or municipality that operates a
45	wrecker allocation system; providing requirements for the
46	system; prohibiting an unauthorized wrecker company from
47	monitoring a police radio or engaging in other activities;
48	providing penalties; providing requirements for
49	dispatching wreckers; creating chapter 508, F.S.;
50	providing definitions; creating the Wrecker Operator
51	Advisory Council within the Department of Agriculture and
52	Consumer Services; providing for membership and terms;
53	providing for reimbursement for travel and per diem
54	expenses; requiring the council to advise the department
55	on matters relating to standards and practices in the
56	wrecker industry; authorizing the department to adopt
57	rules; requiring wrecker companies to register annually
58	with the department; requiring registration prior to
59	issuance or renewal of local occupational license;
60	excluding certain motor vehicle repair shops and dealers;
61	providing application requirements for registration and
62	renewal; providing for processing of fingerprints by the
63	Department of Law Enforcement; requiring fees for
64	processing; providing for issuance of registration
65	certificate; requiring display of the certificate;
66	providing requirements for advertisements; requiring
67	notification of changes in registration information;
68	requiring certain fees be paid; requiring local
69	occupational license of certain companies prior to
70	renewal; requiring insurance coverage; requiring the
71	department to notify the Department of Highway Safety and
72	Motor Vehicles when a registration has been suspended or
73	revoked; authorizing the department to deny registration
74	under certain circumstances; specifying acceptable forms
75	of payment; establishing a certification program for
76	wrecker operators; requiring the department to approve
77	courses and organizations; providing requirements for
78	examinations; providing for certification in specialized
79	wrecker services; requiring the department to adopt rules;
80	providing for certification cards to be issued to wrecker
81	operators who complete the certification course and pass
82	the examination; providing for approval by the council of
83	out-of-state certification instructions, training, and
84	examinations; prohibiting the performance of wrecker
85	services after a specified date unless the company is
86	registered and obtains certification as required;
87	excluding service performed for certain shops and
88	organizations; authorizing the department to inspect
89	employment records; providing requirements for continuing
90	education; specifying prohibited acts; providing
91	administrative, civil, and criminal penalties; providing
92	for registration fees; providing for deposit and use of
93	fees, penalties, and other funds; providing that the
94	chapter does not apply to recovery agents; authorizing
95	counties and municipalities to enact ordinances governing
96	wrecker operators; requiring that a wrecker company
97	maintain records of its services for a specified time;
98	requiring a wrecker company to keep records of its
99	operators continuing education courses for a specified
100	time; directing organizations that conduct continuing
101	education courses to keep records for a specified time;
102	authorizing inspection of records by the department;
103	amending s. 713.78, F.S., relating to liens for
104	recovering, towing, or storing vehicles and vessels;
105	providing definitions; conforming provisions to changes
106	made by the act; providing for attorney's fees to be
107	awarded to the prevailing party for a frivolous claim of
108	wrongful taking or claim of lien; providing immunity from
109	liability for a wrecker company, its operators, and other
110	employees or agents if services are performed with
111	reasonable care or for complying with the directions of a
112	law enforcement officer or certain emergency personnel;
113	providing for the owner of a vehicle or vessel to dispute
114	a claim of lien by a wrecker company based on a record of
115	sale; excluding from application vehicles registered by
116	lessor; clarifying that the amendments made by the act do
117	not affect the validity of prior liens; creating s.
118	713.785, F.S.; authorizing the imposition of lien by a
119	mobile home transport company for recovering, towing, or
120	storing a mobile home; providing definitions; requiring a
121	mobile home transport company to provide notice of
122	recovery, towing, or storage services; providing that said
123	lien is prior in dignity to all others except for unpaid
124	purchase price or a landlord's lien for rent; providing
125	for the filing of a complaint; providing procedures for
126	the sale of an unclaimed mobile home; requiring certain
127	notice; limiting liability of the transport company, the
128	landlord and his or her agent, and any subsequent
129	purchaser; specifying circumstances under which a mobile
130	home transport company must obtain a certificate of
131	destruction; limiting assignment of the certificate;
132	requiring application to the county tax collector;
133	authorizing the Department of Highway Safety and Motor
134	Vehicles to adopt rules; authorizing the department to
135	inspect records of the transport company; providing for
136	issuing certificates of destruction and revalidation
137	stickers; providing procedures for disputing a lien and
138	for discharge of a lien; providing for expiration of the
139	lien; providing for the posting and repayment of surety;
140	providing for award of damages and costs; providing for
141	collection and distribution of certain fees; amending s.
142	319.30, F.S.; redefining the term "certificate of
143	destruction," to conform; amending s. 713.69, F.S.,
144	relating to circumstances in which it is unlawful to
145	remove property upon which a lien has accrued, to conform;
146	amending s. 715.07, F.S., relating to the towing of
147	vehicles and vessels parked on real property without
148	permission; providing definitions; providing for the
149	towing and removal of vehicles and vessels under certain
150	circumstances; conforming provisions to changes made by
151	the act; providing requirements for towing and storage;
152	prohibiting a property owner from soliciting a wrecker
153	company for a rebate for the privilege of removing
154	vehicles from the owner's property; providing immunity
155	from liability for a wrecker company, its operators, and
156	other employees or agents if services are performed with
157	reasonable care; providing that failure to comply with
158	notice requirements precludes a wrecker company from
159	imposing certain towing or storage charges; providing
160	penalties; repealing s. 1.01(15), F.S., relating to the
161	definition of the term "wrecker operator"; providing an
162	appropriation and authorizing additional positions;
163	providing effective dates.
164
165	Be It Enacted by the Legislature of the State of Florida:
166
167	Section 1.  Effective January 1, 2005, paragraph (b) of
168	subsection (8) of section 120.80, Florida Statutes, is amended
169	to read:
170	120.80  Exceptions and special requirements; agencies.--
171	(8)  DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES.--
172	(b)  Wrecker companies operators.--Notwithstanding s.
173	120.57(1)(a), hearings held by the Division of the Florida
174	Highway Patrol of the Department of Highway Safety and Motor
175	Vehicles to deny, suspend, or remove a wrecker company operator
176	from participating in the wrecker allocation rotation system
177	established under by s. 321.051 need not be conducted by an
178	administrative law judge assigned by the division. These
179	hearings shall be held by a hearing officer appointed by the
180	director of the Division of the Florida Highway Patrol.
181	Section 2.  Effective January 1, 2005, section 205.1975,
182	Florida Statutes, is created to read:
183	205.1975  Wrecker companies; consumer protection.--A county
184	or municipality may not issue or renew an occupational license
185	for the operation of a wrecker company under chapter 508 unless
186	the wrecker company exhibits a current registration from the
187	Department of Agriculture and Consumer Services.
188	Section 3.  Subsection (3) of section 316.530, Florida
189	Statutes, is amended to read:
190	316.530  Towing requirements.--
191	(3)  Whenever a motor vehicle becomes disabled upon the
192	highways of this state and a wrecker or tow truck is required to
193	remove it to a repair shop or other appropriate location, if the
194	combined weights of those two vehicles and the loads thereon
195	exceed the maximum allowable weights as established by s.
196	316.535, no penalty shall be assessed either vehicle or driver.
197	However, this exception shall not apply to the load limits for
198	bridges and culverts established by the department as provided
199	in s. 316.555.
200	Section 4.  For the purpose of incorporating the amendment
201	made by this act to section 320.01, Florida Statutes, in
202	references thereto, subsection (4) of section 316.550, Florida
203	Statutes, is reenacted to read:
204	316.550  Operations not in conformity with law; special
205	permits.--
206	(4)(a)  The Department of Transportation may issue a
207	wrecker special blanket permit to authorize a wrecker as defined
208	in s. 320.01(40) to tow a disabled vehicle as defined in s.
209	320.01(38) where the combination of the wrecker and the disabled
210	vehicle being towed exceeds the maximum weight limits as
211	established by s. 316.535.
212	(b)  The Department of Transportation must supply the
213	permitted wrecker with a map showing the routes on which the
214	wrecker may safely tow disabled vehicles for all special permit
215	classifications for which the wrecker applies.
216	Section 5.  Subsection (1) of section 316.605, Florida
217	Statutes, is amended to read:
218	316.605  Licensing of vehicles.--
219	(1)  Every vehicle, at all times while driven, stopped, or
220	parked upon any highways, roads, or streets of this state, shall
221	be licensed in the name of the owner thereof in accordance with
222	the laws of this state unless such vehicle is not required by
223	the laws of this state to be licensed in this state and shall,
224	except as otherwise provided in s. 320.0706 for front-end
225	registration license plates on truck tractors or wreckers,
226	display the license plate or both of the license plates assigned
227	to it by the state, one on the rear and, if two, the other on
228	the front of the vehicle, each to be securely fastened to the
229	vehicle outside the main body of the vehicle in such manner as
230	to prevent the plates from swinging, with all letters, numerals,
231	printing, writing, and other identification marks upon the
232	plates clear and distinct and free from defacement, mutilation,
233	grease, and other obscuring matter, so that they will be plainly
234	visible and legible at all times 100 feet from the rear or
235	front. In addition, if only one registration plate is issued for
236	a motor vehicle that is equipped with a mechanical loading
237	device that may damage the plate, the plate may be attached to
238	the front of the vehicle. Nothing shall be placed upon the face
239	of a Florida plate except as permitted by law or by rule or
240	regulation of a governmental agency.  No license plates other
241	than those furnished by the state shall be used.  However, if
242	the vehicle is not required to be licensed in this state, the
243	license plates on such vehicle issued by another state, by a
244	territory, possession, or district of the United States, or by a
245	foreign country, substantially complying with the provisions
246	hereof, shall be considered as complying with this chapter. A
247	government license plate that is issued to a truck tractor or
248	heavy truck having a gross vehicle weight of 26,001 pounds or
249	more which is owned by a governmental entity may be placed on
250	the front of the vehicle and is in compliance with this chapter.
251	A violation of this subsection is a noncriminal traffic
252	infraction, punishable as a nonmoving violation as provided in
253	chapter 318.
254	Section 6.  Subsection (40) of section 320.01, Florida
255	Statutes, is amended to read:
256	320.01  Definitions, general.--As used in the Florida
257	Statutes, except as otherwise provided, the term:
258	(40)  "Wrecker" means a tow truck or other any motor
259	vehicle that is used to tow, carry, or otherwise transport motor
260	vehicles or vessels upon the streets and highways of this state
261	and that is equipped for that purpose with a boom, winch, car
262	carrier, or other similar equipment.
263	Section 7.  Effective January 1, 2005, subsection (8) of
264	section 320.03, Florida Statutes, is amended to read:
265	320.03  Registration; duties of tax collectors;
266	International Registration Plan.--
267	(8)  If the applicant's name appears on the list referred
268	to in s. 316.1001(4), s. 316.1967(6), or s. 713.78(13), a
269	license plate or revalidation sticker may not be issued until
270	that person's name no longer appears on the list or until the
271	person presents a receipt from the clerk showing that the fines
272	outstanding have been paid. The tax collector and the clerk of
273	the court are each entitled to receive monthly, as costs for
274	implementing and administering this subsection, 10 percent of
275	the civil penalties and fines recovered from such persons. As
276	used in this subsection, the term "civil penalties and fines"
277	does not include a wrecker company's operator's lien as
278	described in s. 713.78(13). If the tax collector has private tag
279	agents, such tag agents are entitled to receive a pro rata share
280	of the amount paid to the tax collector, based upon the
281	percentage of license plates and revalidation stickers issued by
282	the tag agent compared to the total issued within the county.
283	The authority of any private agent to issue license plates shall
284	be revoked, after notice and a hearing as provided in chapter
285	120, if he or she issues any license plate or revalidation
286	sticker contrary to the provisions of this subsection. This
287	section applies only to the annual renewal in the owner's birth
288	month of a motor vehicle registration and does not apply to the
289	transfer of a registration of a motor vehicle sold by a motor
290	vehicle dealer licensed under this chapter, except for the
291	transfer of registrations which is inclusive of the annual
292	renewals. This section does not affect the issuance of the title
293	to a motor vehicle, notwithstanding s. 319.23(7)(b).
294	Section 8.  Section 320.0706, Florida Statutes, is amended
295	to read:
296	320.0706  Display of license plates on trucks.--The owner
297	of any commercial truck of gross vehicle weight of 26,001 pounds
298	or more shall display the registration license plate on both the
299	front and rear of the truck in conformance with all the
300	requirements of s. 316.605 that do not conflict with this
301	section.  However, the owner of a truck tractor or a wrecker
302	must shall be required to display the registration license plate
303	only on the front of such vehicle.
304	Section 9.  For the purpose of incorporating the amendment
305	made by this act to section 320.01, Florida Statutes, in
306	references thereto, paragraphs (d) and (e) of subsection (5) of
307	section 320.08, Florida Statutes, are reenacted to read:
308	320.08  License taxes.--Except as otherwise provided
309	herein, there are hereby levied and imposed annual license taxes
310	for the operation of motor vehicles, mopeds, motorized bicycles
311	as defined in s. 316.003(2), and mobile homes, as defined in s.
312	320.01, which shall be paid to and collected by the department
313	or its agent upon the registration or renewal of registration of
314	the following:
315	(5)  SEMITRAILERS, FEES ACCORDING TO GROSS VEHICLE WEIGHT;
316	SCHOOL BUSES; SPECIAL PURPOSE VEHICLES.--
317	(d)  A wrecker, as defined in s. 320.01(40), which is used
318	to tow a vessel as defined in s. 327.02(36), a disabled,
319	abandoned, stolen-recovered, or impounded motor vehicle as
320	defined in s. 320.01(38), or a replacement motor vehicle as
321	defined in s. 320.01(39): $30 flat.
322	(e)  A wrecker, as defined in s. 320.01(40), which is used
323	to tow any motor vehicle, regardless of whether or not such
324	motor vehicle is a disabled motor vehicle as defined in s.
325	320.01(38), a replacement motor vehicle as defined in s.
326	320.01(39), a vessel as defined in s. 327.02(36), or any other
327	cargo, as follows:
328	1.  Gross vehicle weight of 10,000 pounds or more, but less
329	than 15,000 pounds:  $87 flat.
330	2.  Gross vehicle weight of 15,000 pounds or more, but less
331	than 20,000 pounds:  $131 flat.
332	3.  Gross vehicle weight of 20,000 pounds or more, but less
333	than 26,000 pounds:  $186 flat.
334	4.  Gross vehicle weight of 26,000 pounds or more, but less
335	than 35,000 pounds:  $240 flat.
336	5.  Gross vehicle weight of 35,000 pounds or more, but less
337	than 44,000 pounds:  $300 flat.
338	6.  Gross vehicle weight of 44,000 pounds or more, but less
339	than 55,000 pounds:  $572 flat.
340	7.  Gross vehicle weight of 55,000 pounds or more, but less
341	than 62,000 pounds:  $678 flat.
342	8.  Gross vehicle weight of 62,000 pounds or more, but less
343	than 72,000 pounds:  $800 flat.
344	9.  Gross vehicle weight of 72,000 pounds or more:  $979
345	flat.
346	Section 10.  Subsection (1) of section 320.0821, Florida
347	Statutes, is amended, and subsection (5) is added to that
348	section, to read:
349	320.0821  Wrecker license plates.--
350	(1)  The department shall issue one a wrecker license
351	plate, regardless of gross vehicle weight, to the owner of any
352	motor vehicle that is used to tow, carry, or otherwise transport
353	motor vehicles and that is equipped for that purpose with a
354	boom, winch, carrier, or other similar equipment, except a motor
355	vehicle registered under the International Registration Plan,
356	upon application and payment of the appropriate license tax and
357	fees in accordance with s. 320.08(5)(d) or (e).
358	(5)  A wrecker license plate must be displayed on the front
359	of such vehicle.
360	Section 11.  Effective January 1, 2005, subsection (1) of
361	section 320.0821, Florida Statutes, as amended by this act, is
362	amended to read:
363	320.0821  Wrecker license plates.--
364	(1)  The department shall issue one wrecker license plate,
365	regardless of gross vehicle weight, to the owner of a wrecker
366	any motor vehicle that is used to tow, carry, or otherwise
367	transport motor vehicles and that is equipped for that purpose
368	with a boom, winch, carrier, or other similar equipment, except
369	a motor vehicle registered under the International Registration
370	Plan, upon application and payment of the appropriate license
371	tax and fees in accordance with s. 320.08(5)(d) or (e). However,
372	the department may issue or renew a wrecker license plate only
373	if the owner of the wrecker is a wrecker company registered
374	under chapter 508. This section does not apply to a motor
375	vehicle registered under the International Registration Plan.
376	Section 12.  Paragraph (a) of subsection (1) of section
377	320.13, Florida Statutes, is amended to read:
378	320.13  Dealer and manufacturer license plates and
379	alternative method of registration.--
380	(1)(a)  Any licensed motor vehicle dealer and any licensed
381	mobile home dealer may, upon payment of the license tax imposed
382	by s. 320.08(12), secure one or more dealer license plates,
383	which are valid for use on motor vehicles or mobile homes owned
384	by the dealer to whom such plates are issued while the motor
385	vehicles are in inventory and for sale, or while being operated
386	in connection with such dealer's business, but are not valid for
387	use for hire. Dealer license plates may not be used on any tow
388	truck or wrecker as defined in s. 320.01 unless the tow truck or
389	wrecker is being demonstrated for sale, and the dealer license
390	plates may not be used on a vehicle used to transport another
391	motor vehicle for the motor vehicle dealer.
392	Section 13.  Effective January 1, 2005, section 321.051,
393	Florida Statutes, is amended to read:
394	(Substantial rewording of section. See
395	s. 321.051, F.S., for present text.)
396	321.051  Florida Highway Patrol wrecker allocation system;
397	penalties for operation outside of system.--
398	(1)  As used in this section, the term:
399	(a)  "Authorized wrecker company" means a wrecker company
400	designated by the division as part of its wrecker allocation
401	system.
402	(b)  "Division" means the Division of the Florida Highway
403	Patrol within the Department of Highway Safety and Motor
404	Vehicles.
405	(c)  "Unauthorized wrecker company" means a wrecker company
406	not designated by the division as part of its wrecker allocation
407	system.
408	(d)  "Wrecker company" has the same meaning ascribed in s.
409	508.01.
410	(e)  "Wrecker operator" has the same meaning ascribed in s.
411	508.01.
412	(f)  "Wrecker services" has the same meaning ascribed in s.
413	508.01.
414	(2)(a)  The division may establish within areas designated
415	by the division a wrecker allocation system, using qualified,
416	reputable wrecker companies, for the removal from crash scenes
417	and the storage of wrecked or disabled vehicles when the owner
418	or operator is incapacitated, unavailable, or leaves the
419	procurement of wrecker services to the officer at the scene and
420	for the removal and storage of abandoned vehicles.
421	(b)  The wrecker allocation system may use only wrecker
422	companies registered under chapter 508. Each reputable wrecker
423	company registered under chapter 508 is eligible for use in the
424	system if its equipment and wrecker operators meet the
425	recognized safety qualifications and mechanical standards set by
426	the division's rules for the size of vehicle they are designed
427	to handle. The division may limit the number of wrecker
428	companies participating in the wrecker allocation system.
429	(c)  The division may establish maximum rates for the
430	towing and storage of vehicles removed at the division's request
431	if those rates are not established by a county or municipality
432	under s. 125.0103 or s. 166.043. These rates are not rules for
433	the purpose of chapter 120; however, the Department of Highway
434	Safety and Motor Vehicles shall adopt rules prescribing the
435	procedures for setting these rates.
436	(d)  Notwithstanding chapter 120, a final order of the
437	department denying, suspending, or revoking a wrecker company's
438	participation in the wrecker allocation system may be appealed
439	only in the manner and within the time provided by the Florida
440	Rules of Appellate Procedure by a writ of certiorari issued by
441	the circuit court in the county in which the wrecker company's
442	primary place of business is located, as evidenced by the
443	wrecker company's registration under chapter 508.
444	(3)(a)  An unauthorized wrecker company, its wrecker
445	operators, or its other employees or agents may not monitor a
446	police radio for communications between patrol field units and
447	the dispatcher in order to determine the location of a wrecked
448	or disabled vehicle for the purpose of dispatching its wrecker
449	operator to drive by the scene of the vehicle in a manner
450	described in paragraph (b) or paragraph (c). Any person who
451	violates this paragraph commits a noncriminal violation,
452	punishable as provided in s. 775.083.
453	(b)  A wrecker operator dispatched by an unauthorized
454	wrecker company may not drive by the scene of a wrecked or
455	disabled vehicle before the arrival of the wrecker operator
456	dispatched by the authorized wrecker company, initiate contact
457	with the owner or operator of the vehicle by soliciting or
458	offering wrecker services, or tow the vehicle. Any person who
459	violates this paragraph commits a misdemeanor of the second
460	degree, punishable as provided in s. 775.082 or s. 775.083.
461	(c)  When a wrecker operator dispatched by an unauthorized
462	wrecker company drives by the scene of a wrecked or disabled
463	vehicle and the owner or operator initiates contact by signaling
464	the wrecker operator to stop and provide wrecker services, the
465	wrecker operator must disclose to the owner or operator of the
466	vehicle that he or she was not dispatched by the authorized
467	wrecker company designated as part of the wrecker allocation
468	system and must disclose, in writing, what charges for towing
469	and storage will apply before the vehicle is connected to the
470	towing apparatus. Any person who violates this paragraph commits
471	a misdemeanor of the second degree, punishable as provided in s.
472	775.082 or s. 775.083.
473	(d)  A wrecker operator may not falsely identify himself or
474	herself as being part of, or as being employed by a wrecker
475	company that is part of, the wrecker allocation system at the
476	scene of a wrecked or disabled vehicle. Any person who violates
477	this paragraph commits a misdemeanor of the first degree,
478	punishable as provided in s. 775.082 or s. 775.083.
479	(4)  This section does not prohibit, or in any way prevent,
480	the owner or operator of a vehicle involved in a crash or
481	otherwise disabled from contacting any wrecker company for the
482	provision of wrecker services, regardless of whether the wrecker
483	company is an authorized wrecker company or not. However, if a
484	law enforcement officer determines that the disabled vehicle or
485	vehicle cargo is a public safety hazard, the officer may, in the
486	interest of public safety, dispatch an authorized wrecker
487	company if the officer believes that the authorized wrecker
488	company would arrive at the scene before the wrecker company
489	requested by the owner or operator of the disabled vehicle or
490	vehicle cargo.
491	(5)  A law enforcement officer may dispatch an authorized
492	wrecker company out of rotation to the scene of a wrecked or
493	disabled vehicle if the authorized wrecker company next on
494	rotation is not equipped to provide the required wrecker
495	services and the out-of-rotation authorized wrecker company is
496	available with the required equipment. However, this subsection
497	does not prohibit or prevent the owner or operator of a vehicle
498	involved in a crash or otherwise disabled from contacting any
499	wrecker company who is properly equipped to provide the required
500	wrecker services, regardless of whether the wrecker company is
501	an authorized wrecker company or not, unless the law enforcement
502	officer determines that the wrecked or disabled vehicle is a
503	public safety hazard and the officer believes that the
504	authorized wrecker company would arrive at the scene before the
505	wrecker company requested by the owner or operator.
506	Section 14.  Effective January 1, 2005, section 323.001,
507	Florida Statutes, is amended to read:
508	(Substantial rewording of section. See
509	s. 323.001, F.S., for present text.)
510	323.001  Wrecker company storage facilities; vehicle
511	holds.--
512	(1)  As used in this section, the term:
513	(a)  "Business day" means a day other than a Saturday,
514	Sunday, or federal or state legal holiday.
515	(b)  "Wrecker company" has the same meaning ascribed in s.
516	508.01.
517	(2)  A law enforcement agency may place a hold on a motor
518	vehicle stored within a wrecker company's storage facility for 5
519	business days, thereby preventing a motor vehicle from being
520	released to its owner.
521	(3)  To extend a hold, the law enforcement agency must
522	notify the wrecker company in writing within the 5 business
523	days. If notification is not made within the 5 business days,
524	the wrecker company must release the vehicle to the designated
525	person under s. 713.78.
526	(a)  If the hold is extended beyond the 5 business days,
527	the law enforcement agency may have the vehicle removed to a
528	designated impound lot, in which event the vehicle may not be
529	released by the law enforcement agency to the owner or
530	lienholder of the vehicle until proof of payment of the towing
531	and storage charges incurred by the wrecker company is presented
532	to the law enforcement agency.
533	(b)  If the law enforcement agency chooses to have the
534	vehicle remain at the wrecker company's storage facility for
535	more than 5 business days under the written notification, the
536	law enforcement agency is responsible for paying the storage
537	charges incurred by the wrecker company for the requested
538	extended period. In such an event, the owner or lienholder is
539	responsible for paying the accrued towing and storage charges
540	for the first 5 business days, or any period less than the first
541	5 business days, if the law enforcement agency moves the vehicle
542	from the wrecker company's storage facility to a designated
543	impound lot or provides written notification to extend the hold
544	on the vehicle before the expiration of the 5 business days.
545	(c)  The towing and storage rates for the owner or
546	lienholder of the held vehicle may not exceed the rates for the
547	law enforcement agency.
548	(4)  If there is a judicial finding of no probable cause
549	for having continued the immobilization or impoundment, the law
550	enforcement agency ordering the hold must pay the accrued
551	charges for any towing and storage.
552	(5)  The requirements for a written hold apply when the
553	following conditions are present:
554	(a)  The law enforcement officer has probable cause to
555	believe that the vehicle should be seized and forfeited under
556	the Florida Contraband Forfeiture Act, ss. 932.701-932.707;
557	(b)  The law enforcement officer has probable cause to
558	believe that the vehicle should be seized and forfeited under
559	chapter 370 or chapter 372;
560	(c)  The law enforcement officer has probable cause to
561	believe that the vehicle was used as the means of committing a
562	crime;
563	(d)  The law enforcement officer has probable cause to
564	believe that the vehicle is itself evidence that tends to show
565	that a crime has been committed or that the vehicle contains
566	evidence, which cannot readily be removed, which tends to show
567	that a crime has been committed;
568	(e)  The law enforcement officer has probable cause to
569	believe that the vehicle was involved in a traffic accident
570	resulting in death or personal injury and should be sealed for
571	investigation and collection of evidence by a vehicular homicide
572	investigator;
573	(f)  The vehicle is impounded or immobilized under s.
574	316.193 or s. 322.34; or
575	(g)  The law enforcement officer is complying with a court
576	order.
577	(6)  The hold must be in writing and must specify:
578	(a)  The name and agency of the law enforcement officer
579	placing the hold on the vehicle;
580	(b)  The date and time the hold is placed on the vehicle;
581	(c)  A general description of the vehicle, including its
582	color, make, model, body style, and year; VIN (Vehicle
583	Identification Number); registration license plate number,
584	state, and year; and validation sticker number, state, and year;
585	(d)  The specific reason for placing the hold;
586	(e)  The condition of the vehicle;
587	(f)  The location where the vehicle is being held; and
588	(g)  The name, address, and telephone number of the wrecker
589	company and the storage facility.
590	(7)  A wrecker company's storage facility must comply with
591	a hold placed by a law enforcement officer, including
592	instructions for inside or outside storage. A wrecker company's
593	storage facility may not release a motor vehicle subject to a
594	hold to any person except as directed by the law enforcement
595	agency placing the hold.
596	(8)  When a vehicle owner is found guilty of, or pleads
597	nolo contendere to, the offense that resulted in a hold being
598	placed on his or her vehicle, regardless of the adjudication of
599	guilt, the owner must pay the accrued towing and storage charges
600	assessed against the vehicle.
601	Section 15.  Effective January 1, 2005, section 323.002,
602	Florida Statutes, is amended to read:
603	(Substantial rewording of section. See
604	s. 323.002, F.S., for present text.)
605	323.002  County and municipal wrecker allocation systems;
606	penalties for operation outside of system.--
607	(1)  As used in this section, the term:
608	(a)  "Authorized wrecker company" means a wrecker company
609	designated as part of the wrecker allocation system established
610	by the governmental unit having jurisdiction over the scene of a
611	wrecked or disabled vehicle.
612	(b)  "Unauthorized wrecker company" means a wrecker company
613	not designated as part of the wrecker allocation system
614	established by the governmental unit having jurisdiction over
615	the scene of a wrecked or disabled vehicle.
616	(c)  "Wrecker allocation system" means a system for the
617	towing or removal of wrecked, disabled, or abandoned vehicles,
618	similar to the Florida Highway Patrol wrecker allocation system
619	described in s. 321.051(2), under which a county or municipality
620	contracts with one or more wrecker companies registered under
621	chapter 508 for the towing or removal of wrecked, disabled, or
622	abandoned vehicles from accident scenes, streets, or highways.
623	Each wrecker allocation system must use a method for
624	apportioning the towing assignments among the eligible wrecker
625	companies through the creation of geographic zones, a rotation
626	schedule, or a combination of these methods.
627	(d)  "Wrecker company" has the same meaning ascribed in s.
628	508.01.
629	(e)  "Wrecker operator" has the same meaning ascribed in s.
630	508.01.
631	(f)  "Wrecker services" has the same meaning ascribed in s.
632	508.01.
633	(2)  In a county or municipality that operates a wrecker
634	allocation system:
635	(a)  The wrecker allocation system may only use wrecker
636	companies registered under chapter 508.
637	(b)  An unauthorized wrecker company, its wrecker
638	operators, or its other employees or agents may not monitor a
639	police radio for communications between patrol field units and
640	the dispatcher in order to determine the location of a wrecked
641	or disabled vehicle for the purpose of dispatching its wrecker
642	operator to drive by the scene of the vehicle in a manner
643	described in paragraph (b) or paragraph (c). Any person who
644	violates this paragraph commits a noncriminal violation,
645	punishable as provided in s. 775.083.
646	(c)  A wrecker operator dispatched by an unauthorized
647	wrecker company may not drive by the scene of a wrecked or
648	disabled vehicle before the arrival of the wrecker operator
649	dispatched by the authorized wrecker company, initiate contact
650	with the owner or operator of the vehicle by soliciting or
651	offering wrecker services, or tow the vehicle. Any person who
652	violates this paragraph commits a misdemeanor of the second
653	degree, punishable as provided in s. 775.082 or s. 775.083.
654	(d)  When a wrecker operator dispatched by an unauthorized
655	wrecker company drives by the scene of a wrecked or disabled
656	vehicle and the owner or operator initiates contact by signaling
657	the wrecker operator to stop and provide wrecker services, the
658	wrecker operator must disclose to the owner or operator of the
659	vehicle that he or she was not dispatched by the authorized
660	wrecker company designated as part of the wrecker allocation
661	system and must disclose, in writing, what charges for towing
662	and storage will apply before the vehicle is connected to the
663	towing apparatus. Any person who violates this paragraph commits
664	a misdemeanor of the second degree, punishable as provided in s.
665	775.082 or s. 775.083.
666	(e)  A wrecker operator may not falsely identify himself or
667	herself as being part of, or as being employed by a wrecker
668	company that is part of, the wrecker allocation system at the
669	scene of a wrecked or disabled vehicle. Any person who violates
670	this paragraph commits a misdemeanor of the first degree,
671	punishable as provided in s. 775.082 or s. 775.083.
672	(3)  This section does not prohibit, or in any way prevent,
673	the owner or operator of a vehicle involved in a crash or
674	otherwise disabled from contacting any wrecker company for the
675	provision of wrecker services, regardless of whether the wrecker
676	company is an authorized wrecker company or not. However, if a
677	law enforcement officer determines that the disabled vehicle or
678	vehicle cargo is a public safety hazard, the officer may, in the
679	interest of public safety, dispatch an authorized wrecker
680	company if the officer believes that the authorized wrecker
681	company would arrive at the scene before the wrecker company
682	requested by the owner or operator of the disabled vehicle or
683	vehicle cargo.
684	(4)  A law enforcement officer may dispatch an authorized
685	wrecker company out of rotation to the scene of a wrecked or
686	disabled vehicle if the authorized wrecker company next on
687	rotation is not equipped to provide the required wrecker
688	services and the out-of-rotation authorized wrecker company is
689	available with the required equipment. However, this subsection
690	does not prohibit or prevent the owner or operator of a vehicle
691	involved in a crash or otherwise disabled from contacting any
692	wrecker company that is properly equipped to provide the
693	required wrecker services, regardless of whether the wrecker
694	company is an authorized wrecker company or not, unless the law
695	enforcement officer determines that the wrecked or disabled
696	vehicle is a public safety hazard and the officer believes that
697	the authorized wrecker company would arrive at the scene before
698	the wrecker company requested by the owner or operator.
699	Section 16.  Chapter 508, Florida Statutes, consisting of
700	sections 508.01, 508.02, 508.03, 508.04, 508.05, 508.06,
701	508.061, 508.07, 508.08, 508.09, 508.10, 508.11, 508.12, 508.13,
702	508.14, 508.15, 508.16, 508.17, 508.18, 508.19, and 508.20,
703	Florida Statutes, is created to read:
704	CHAPTER 508
705	WRECKER SERVICES
706	508.01  Definitions.--As used in this chapter, the term:
707	(1)  "Business entity" means any form of corporation,
708	limited liability company, partnership, association,
709	cooperative, joint venture, business trust, sole proprietorship,
710	or self-employed person conducting business in this state.
711	(2)  "Council" means the Wrecker Operator Advisory Council.
712	(3)  "Department" means the Department of Agriculture and
713	Consumer Services.
714	(4)  "Specialized wrecker services" means those wrecker
715	services described in s. 508.08 for which a wrecker operator
716	must have an endorsement to perform those services.
717	(5)  "Ultimate equitable owner" means a natural person who,
718	directly or indirectly, owns or controls 10 percent or more of
719	an ownership interest in a wrecker company, regardless of
720	whether the natural person owns or controls the ownership
721	interest through one or more natural persons or one or more
722	proxies, powers of attorney, nominees, business entities, or any
723	combination thereof.
724	(6)  "Vehicle" means any vehicle of a type that may be
725	registered under chapter 320 for operation on the roads of this
726	state, regardless of whether the vehicle is actually registered.
727	The term does not include a mobile home or manufactured home as
728	defined in s. 320.01.
729	(7)  "Vessel" means every description of watercraft, barge,
730	and air boat used or capable of being used as a means of
731	transportation on water, other than a seaplane or a "documented
732	vessel" as defined in s. 327.02.
733	(8)  "Wrecker" has the same meaning ascribed in s. 320.01.
734	(9)  "Wrecker company" means a business entity engaged for
735	hire in the business of towing, carrying, or transporting
736	vehicles or vessels by wrecker upon the streets and highways of
737	this state. The term does not include a person regularly engaged
738	in the business of transporting mobile homes.
739	(10)  "Wrecker operator" means a person who performs
740	wrecker services.
741	(11)  "Wrecker services" means towing, carrying, or
742	otherwise transporting vehicles or vessels by wrecker upon the
743	streets and highways of this state for hire. The term includes,
744	but is not limited to, each of the following:
745	(a)  Driving a wrecker.
746	(b)  Loading, securing, and unloading a vehicle or vessel
747	on a wrecker using a boom, winch, car carrier, or other similar
748	equipment.
749	(c)  Towing or removal of a wrecked, disabled, or abandoned
750	vehicle under the Florida Highway Patrol wrecker allocation
751	system pursuant to s. 321.051 or under a county or municipal
752	wrecker allocation system pursuant to s. 323.002.
753	(d)  Towing, recovery, or removal of a vehicle or vessel
754	under s. 713.78.
755	(e)  Towing, transportation, or removal of a vehicle or
756	vessel parked on real property without permission under s.
757	715.07.
758	(f)  Recovery of a vehicle or vessel.
759	508.02  Wrecker Operator Advisory Council.--
760	(1)  The Wrecker Operator Advisory Council is created
761	within the department. The council shall advise and assist the
762	department in administering this chapter.
763	(2)(a)  The council shall be composed of six members
764	appointed by the Commissioner of Agriculture. In addition, the
765	executive director of the Professional Wrecker Operators of
766	Florida, Inc., shall serve ex officio as a voting member of the
767	council.
768	(b)  Three members of the council must each be an ultimate
769	equitable owner of a wrecker company who has been an ultimate
770	equitable owner of that company for at least 5 years before his
771	or her appointment; one member must be a wrecker operator who is
772	not an ultimate equitable owner of a wrecker company and who has
773	been a wrecker operator for at least 5 years before his or her
774	appointment; and two members must be laypersons. Each member
775	must be a resident of this state. This paragraph expires July 1,
776	2010.
777	(c)  Effective July 1, 2010, three members of the council
778	must each be an ultimate equitable owner of a wrecker company
779	registered under this chapter who has been an ultimate equitable
780	owner of that company registered for at least 5 years before his
781	or her appointment; one member must be a wrecker operator
782	certified under this chapter who is not an ultimate equitable
783	owner of a wrecker company and who has been a wrecker operator
784	certified for at least 5 years before his or her appointment;
785	and two members must be laypersons. Each member must be a
786	resident of this state.
787	(3)  The term of each member of the council is 4 years,
788	except, to establish staggered terms, two members who are owners
789	of wrecker companies and one layperson shall be appointed
790	initially for a 2-year term. Members may be reappointed for
791	additional terms not to exceed 8 years of consecutive service. A
792	vacancy shall be filled for the remainder of the unexpired term
793	in the same manner as the original appointment.
794	(4)(a)  From among its members, the council shall annually
795	elect a chair, who shall preside over the meetings of the
796	council, and a vice chair.
797	(b)  In conducting its meetings, the council shall use
798	accepted rules of procedure. The department shall keep a
799	complete record of each meeting which must show the names of
800	members present and the actions taken. These records and other
801	documents about matters within the jurisdiction of the council
802	must be kept on file with the department.
803	(5)  The members of the council shall serve without
804	compensation but are entitled to reimbursement of travel and per
805	diem expenses under s. 112.061.
806	(6)  The department shall provide administrative and staff
807	support services relating to the functions of the council.
808	(7)  The council shall review the rules adopted by the
809	department to administer this chapter and shall advise the
810	department on matters relating to industry standards and
811	practices and other issues that require technical expertise and
812	consultation or that promote better consumer protection in the
813	wrecker industry.
814	508.03  Rulemaking authority.--The department may adopt
815	rules under ss. 120.536(1) and 120.54 to administer this
816	chapter.
817	508.04  Wrecker companies; registration
818	required.--Effective January 1, 2005:
819	(1)  A person may not own, operate, solicit business,
820	advertise wrecker services, or otherwise engage for hire in the
821	business of a wrecker company in this state unless that person
822	is registered with the department under this chapter.
823	(2)  A person applying for or renewing a local occupational
824	license to engage for hire in the business of a wrecker company
825	must exhibit a current registration certificate from the
826	department before the local occupational license may be issued
827	or reissued under chapter 205.
828	(3)  This section does not apply to a motor vehicle repair
829	shop registered with the department under s. 559.904 which
830	derives at least 80 percent of its gross sales from motor
831	vehicle repairs, or to any franchised motor vehicle dealers
832	licensed pursuant to s. 320.27 when wrecker services are
833	incidental to the operation of the franchise.
834	508.05  Registration requirements; renewal of
835	registrations.--
836	(1)  Each wrecker company engaged or attempting to engage
837	for hire in the business of towing, carrying, or transporting
838	vehicles, vessels, or mobile homes by wrecker upon the streets
839	and highways of this state must annually register with the
840	department on forms prescribed by the department. The
841	application for registration must include at least the following
842	information:
843	(a)  The name and federal employer identification number of
844	the wrecker company.
845	(b)  The mailing address, physical address, and telephone
846	number of the wrecker company's primary place of business.
847	(c)  The fictitious name under which the wrecker company
848	transacts business in this state.
849	(d)  The full name, residence address, business address,
850	and telephone number of the applicant. If the applicant is other
851	than a natural person, the application must also contain the
852	full name, residence address, business address, telephone
853	number, and federal employer identification number, if
854	applicable, of each ultimate equitable owner of the business
855	entity and each officer, director, partner, manager, member, or
856	managing member of the entity.
857	(e)  If the applicant is other than a natural person, the
858	full name of the business entity's registered agent and the
859	address of the registered office for service of process.
860	(f)  The physical address and telephone number of each
861	business location and each storage facility where the wrecker
862	company stores towed vehicles, vessels, or mobile homes.
863	(2)  Each initial and renewal application for registration
864	must be accompanied by the registration fee prescribed in s.
865	508.16.
866	(3)  Each initial application for registration must be
867	accompanied by a complete set of the applicant's fingerprints
868	taken by a law enforcement agency. If the applicant is other
869	than a natural person, a complete set of fingerprints must also
870	be filed for each ultimate equitable owner of the business
871	entity and each officer, director, partner, manager, member, or
872	managing member of the entity. The department shall submit the
873	fingerprints to the Department of Law Enforcement for state
874	processing, and the Department of Law Enforcement shall forward
875	the fingerprints to the Federal Bureau of Investigation for
876	national processing. The applicant must also pay the Department
877	of Law Enforcement a fingerprint processing fee of $23 for state
878	processing, and an additional fee for federal processing, for
879	each applicant's name submitted. Registration renewal
880	applications need not be accompanied by a set of fingerprints
881	for an individual who previously submitted a set of fingerprints
882	to the department as part of a prior year's registration
883	application.
884	(4)  The department shall review each application in
885	accordance with s. 120.60 and shall issue a registration
886	certificate, in the form and size prescribed by the department,
887	to each wrecker company whose application is approved. The
888	certificate must show at least the name and address of the
889	wrecker company and the registration number. The registration
890	certificate must be prominently displayed in the wrecker
891	company's primary place of business.
892	(5)  Each advertisement of a wrecker company must include
893	the phrase "Fla. Wrecker Co. Reg. No.     ." For the purpose of
894	this subsection, the term "advertisement" means a printed or
895	graphic statement made in a newspaper or other publication or
896	contained in any notice, handbill, or sign, including signage on
897	a vehicle, flyer, catalog, or letter.
898	(6)  A registration is invalid for a wrecker company
899	transacting business at a place other than the location
900	designated in the registration application unless the department
901	is first notified in writing before the change of location. A
902	registration issued under this chapter is not transferable or
903	assignable, and a wrecker company may not conduct business under
904	a name other than as registered. A wrecker company desiring to
905	change its registered name, location, or registered agent for
906	service of process at a time other than upon renewal of
907	registration must notify the department of the change.
908	(7)(a)  Each registration must be renewed annually on or
909	before the expiration date of the current registration. A late
910	fee of $25 must be paid, in addition to the registration fee or
911	any other penalty, for a registration renewal application that
912	is received by the department after the expiration date of the
913	current registration. The department may not issue a
914	registration until all fees are paid.
915	(b)  A wrecker company whose primary place of business is
916	located within a county or municipality that requires, by local
917	ordinance, a local occupational license under chapter 205 may
918	not renew a license under this chapter unless the wrecker
919	company obtains the occupational license from the county or
920	municipality.
921	(8)  Each wrecker company must provide the department with
922	a certificate of insurance for the required insurance coverage
923	under s. 627.7415 before the department may issue the
924	registration certificate for an initial or renewal registration.
925	The department must be named as a certificateholder on the
926	insurance certificate and must be notified at least 30 days
927	before any change in insurance coverage.
928	(9)  The department shall notify the Department of Highway
929	Safety and Motor Vehicles when a registration issued under this
930	chapter has been suspended or revoked by order of the
931	department. Notification must be sent within 10 days after the
932	department issues the suspension or revocation order.
933	508.06  Denial of registration.--The department may deny,
934	revoke, or refuse to renew the registration of a wrecker company
935	based upon a determination that the applicant or, if the
936	applicant is other than a natural person, the wrecker company or
937	any of its ultimate equitable owners, officers, directors,
938	partners, managers, members, or managing members has:
939	(1)  Not met the requirements for registration under this
940	chapter;
941	(2)  Been convicted of, found guilty of, or pled guilty or
942	nolo contendere to, regardless of the adjudication of guilt, a
943	felony within the last 10 years;
944	(3)  Been convicted of, found guilty of, or pled guilty or
945	nolo contendere to, regardless of the adjudication of guilt, a
946	crime within the last 10 years involving repossession of a motor
947	vehicle under chapter 493; repair of a motor vehicle under ss.
948	559.901-559.9221; theft of a motor vehicle under s. 812.014;
949	carjacking under s. 812.133; operation of a chop shop under s.
950	812.16; failure to maintain records of motor vehicle parts and
951	accessories under s. 860.14; airbag theft or use of fake airbags
952	under s. 860.145 or s. 860.146; overcharging for repairs and
953	parts under s. 860.15; or a violation of towing or storage
954	requirements for a motor vehicle under s. 321.051, chapter 323,
955	s. 713.78, s. 715.07, or this chapter;
956	(4)  Not satisfied a civil fine or penalty arising out of
957	an administrative or enforcement action brought by the
958	department, another governmental agency, or a private person
959	based upon conduct involving a violation of this chapter;
960	(5)  Pending against him or her a criminal, administrative,
961	or enforcement proceeding in any jurisdiction based upon conduct
962	involving a violation of this chapter; or
963	(6)  Have a judgment entered against him or her in an
964	action brought by the department under this chapter.
965	508.061  Acceptable forms of payment.--A wrecker company
966	shall accept a minimum of two of the three following forms of
967	payment:
968	(1)  Cash, cashier's check, money order, or traveler's
969	check;
970	(2)  Valid personal check, showing upon its face the name
971	and address of the vehicle/vessel owner or authorized
972	representative; or
973	(3)  Valid credit card, which shall include, but not be
974	limited to, Visa or MasterCard.
975	508.07  Wrecker operator certification program.--
976	(1)  The department, in consultation with the council,
977	shall establish a wrecker operator certification program by
978	December 31, 2004. Under this program, the council shall approve
979	certification courses for wrecker operators conducted by
980	approved organizations. The council shall prescribe the minimum
981	curricula for these courses, which must comprise at least 16
982	hours, equally apportioned between theoretical instruction and
983	practical training. The council must approve each organization
984	and its certification course before the course is accepted for
985	certification of wrecker operators under this chapter.
986	(2)  Each approved wrecker operator certification course
987	must include a certification examination demonstrating a wrecker
988	operator's knowledge, skills, and abilities in performing
989	wrecker services and in the instruction and training of the
990	certification course. The council must approve each
991	certification examination before the examination is accepted for
992	certification of wrecker operators under this chapter.
993	(3)  Each organization conducting an approved wrecker
994	operator certification course must issue on forms prescribed by
995	the department a certificate to each wrecker operator who
996	completes the approved certification course or who passes the
997	approved certification examination.
998	508.08  Specialized wrecker services.--
999	(1)  In addition to the minimum curricula for certification
1000	of wrecker operators, each approved certification course must
1001	offer optional instruction, training, and examination of wrecker
1002	operators for each of the following specialized wrecker
1003	services:
1004	(a)  Light duty.--Towing and winching a passenger vehicle,
1005	and uprighting such an overturned vehicle, including the proper
1006	use of chains, wire rope, and straps.
1007	(b)  Medium duty.--Towing and winching a medium-sized
1008	commercial vehicle, and uprighting such an overturned vehicle.
1009	(c)  Heavy duty.--Towing and winching a standard large-
1010	sized commercial vehicle, and uprighting such an overturned
1011	vehicle.
1012	(d)  Ultra-heavy duty.--Towing and winching a specialty
1013	large-sized commercial vehicle or another complex vehicle, and
1014	uprighting such an overturned vehicle.
1015	(e)  Rollback wrecker.--Proper loading, securing,
1016	transporting, and unloading of a vehicle on a flatbed-rollback
1017	wrecker.
1018	(f)  Hazardous materials.--Awareness of hazardous
1019	materials. Instruction and training for this wrecker service
1020	must comprise at least 8 hours in order to be approved.
1021	(g)  Air cushions.--Proper use of air cushions in the
1022	recovery of a heavy-duty vehicle.
1023	(2)  The department shall adopt rules prescribing specific
1024	standards to further define each of the specialized wrecker
1025	services described in subsection (1). The council must approve
1026	the instruction, training, and examination for a specialized
1027	wrecker service before the specialized wrecker service is
1028	accepted for endorsement of a wrecker operator's certification
1029	under this chapter.
1030	(3)  Each organization conducting an approved wrecker
1031	operator certification course must issue on forms prescribed by
1032	the department a certificate to each wrecker operator who
1033	completes the approved instruction and training for a
1034	specialized wrecker service or who passes the approved
1035	endorsement examination for that specialized wrecker service.
1036	508.09  Certification cards.--
1037	(1)  Each organization conducting an approved wrecker
1038	operator certification course must issue a certification card to
1039	each wrecker operator who completes the approved certification
1040	course and passes the approved certification examination. The
1041	department must approve the form of the certification cards
1042	issued by each organization. Each certification card must
1043	include the wrecker operator's name, a color photograph or
1044	digital image of the wrecker operator, and the expiration date
1045	of the certification card.
1046	(2)  Each certification card must also include the wrecker
1047	operator's applicable endorsements for specialized wrecker
1048	services, for which the wrecker operator completed the approved
1049	instruction and training for the specialized wrecker service and
1050	passed the approved endorsement examination for that specialized
1051	wrecker service.
1052	(3)  The department may adopt rules governing the issuance
1053	of a certification card to a wrecker operator who:
1054	(a)  Completes a certification course and passes a
1055	certification examination in another state which are
1056	substantially equivalent to the approved certification courses
1057	and approved certification examinations in this state.
1058	(b)  Completed a certification course and passed a
1059	certification examination in this state between January 1, 2000,
1060	and December 31, 2004, which are substantially equivalent to the
1061	approved certification courses and the approved certification
1062	examinations. This paragraph expires July 1, 2005.
1063	(c)  Completed instruction and training for a specialized
1064	wrecker service and passed an endorsement examination for that
1065	specialized wrecker service between January 1, 2000, and
1066	December 31, 2004, which are substantially equivalent to the
1067	approved instruction and training and the approved endorsement
1068	examinations. This paragraph expires July 1, 2005.
1069
1070	For the purposes of this subsection, the council shall approve
1071	each certification examination in another state, and shall
1072	approve the instruction, training, and examination for each
1073	specialized wrecker service in another state, which the council
1074	determines are substantially equivalent to the approved
1075	certification courses and approved certification examinations in
1076	this state or to the approved instruction, training, and
1077	endorsement examinations for a specialized wrecker service in
1078	this state.
1079	(4)  Each certification card expires 5 years after the date
1080	of issuance.
1081	(5)  Certification cards shall be issued by the
1082	organizations conducting approved wrecker operator certification
1083	courses. The department is not responsible for issuing
1084	certification cards or for the costs associated with the
1085	issuance of certification cards.
1086	508.10  Wrecker operators; certification required;
1087	inspection of employment records.--Effective January 1, 2005:
1088	(1)  A person may not perform wrecker services in this
1089	state unless he or she is an employee or ultimate equitable
1090	owner of a wrecker company that is registered with the
1091	department under this chapter and those wrecker services are
1092	performed on behalf of the wrecker company.
1093	(2)(a)  A person may not perform wrecker services or
1094	specialized wrecker services for a wrecker company for more than
1095	6 months after first being employed by, or becoming an ultimate
1096	equitable owner of, the wrecker company without being certified
1097	as a wrecker operator under this chapter.
1098	(b)  A wrecker operator certified under this chapter may
1099	not perform a specialized wrecker service for a wrecker company
1100	unless the wrecker operator's certification includes an
1101	endorsement for that specialized wrecker service.
1102	(3)(a)  Notwithstanding subsections (1) and (2), a person
1103	may perform wrecker services or specialized wrecker services in
1104	this state if he or she is an employee or ultimate equitable
1105	owner of a motor vehicle repair shop registered with the
1106	department under s. 559.904 and those wrecker services or
1107	specialized wrecker services are performed on behalf of the
1108	motor vehicle repair shop.
1109	(b)  Notwithstanding subsections (1) and (2), a person may
1110	perform wrecker services or specialized wrecker services in this
1111	state if those wrecker services or specialized wrecker services
1112	are performed on behalf of a religious organization that holds a
1113	current exemption from federal taxation or that is not required
1114	to apply for recognition of its exemption, under s. 501 of the
1115	Internal Revenue Code.
1116	(4)  The department may, at any time during business hours,
1117	enter any business location of a wrecker company and examine the
1118	company's books or records. If the department reasonable
1119	believes a violation of this chapter has occurred or is
1120	occurring, the department may subpoena any necessary books or
1121	records.
1122	508.11  Renewal of certification; continuing education
1123	requirements.--
1124	(1)  The department, in consultation with the council,
1125	shall establish a continuing education program for the
1126	recertification of wrecker operators by December 31, 2006. In
1127	order to renew a wrecker operator's certification card, an
1128	operator must complete a continuing education course. The
1129	council must prescribe the minimum curricula and proper
1130	examination for each continuing education course, each of which
1131	must be at least 8 hours in length. The council shall approve
1132	each organization, and the continuing education course it
1133	proposes to offer, before the course is approved for
1134	recertifying wrecker operators.
1135	(2)  Each organization conducting an approved wrecker
1136	operator continuing education course must issue, on forms
1137	prescribed by the department, a certificate to each wrecker
1138	operator who completes the approved course or who passes an
1139	approved recertification examination.
1140	508.12  Prohibited acts.--It is a violation of this chapter
1141	for a person to:
1142	(1)  Charge rates that exceed the maximum rates imposed by
1143	the ordinances of the respective county or municipality under
1144	ss. 125.0103(1)(c) and 166.043(1)(c).
1145	(2)  Violate s. 321.051, relating to the Florida Highway
1146	Patrol wrecker allocation system.
1147	(3)  Violate s. 323.002, relating to county and municipal
1148	wrecker allocation systems.
1149	(4)  Violate s. 713.78, relating to liens for recovering,
1150	towing, or storing vehicles and vessels.
1151	(5)  Violate s. 715.07, relating to towing or removing
1152	vehicles and vessels parked on real property without permission.
1153	(6)  Refuse to allow a law enforcement officer to inspect a
1154	towing and storage facility, as required in s. 812.055.
1155	(7)  Allow a person who is not certified as a wrecker
1156	operator under this chapter to perform wrecker services or
1157	specialized wrecker services for the wrecker company for more
1158	than 6 months after first being employed by, or becoming an
1159	ultimate equitable owner of, the wrecker company.
1160	(8)  Allow a wrecker operator certified under this chapter
1161	to perform a specialized wrecker service for the wrecker company
1162	if the wrecker operator's certification does not include an
1163	endorsement for that specialized wrecker service.
1164	(9)  Perform an act otherwise prohibited by this chapter or
1165	fail to perform an act otherwise required by this chapter.
1166	508.13  Administrative penalties; inspection of records.--
1167	(1)  The department may order one or more of the following
1168	if the department finds that a person has violated this chapter
1169	or the rules or orders issued under this chapter:
1170	(a)  Issue a notice of noncompliance under s. 120.695.
1171	(b)  Impose an administrative fine not to exceed $5,000 for
1172	each act or omission.
1173	(c)  Direct the person to cease and desist specified
1174	activities.
1175	(d)  Refuse to register the wrecker company or suspend or
1176	revoke the wrecker company's registration.
1177	(e)  Place the wrecker company on probation for a period of
1178	time, subject to the conditions specified by the department.
1179	(2)  Chapter 120 shall govern an administrative proceeding
1180	resulting from an order imposing a penalty specified in
1181	subsection (1).
1182	508.14  Civil penalties.--The department may bring a civil
1183	action in a court of competent jurisdiction to recover any
1184	penalties or damages allowed in this chapter and for injunctive
1185	relief to enforce compliance with this chapter. The department
1186	may seek a civil penalty of up to $5,000 for each violation of
1187	this chapter and may seek restitution for and on behalf of any
1188	owner of a vehicle, vessel, or mobile home who is aggrieved or
1189	injured by a violation of this chapter.
1190	508.15  Criminal penalties.--Effective July 1, 2005:
1191	(1)  A person who violates s. 508.04(1) by operating a
1192	wrecker company in this state without being registered with the
1193	department under this chapter commits a felony of the third
1194	degree, punishable as provided in s. 775.082, s. 775.083, or s.
1195	775.084.
1196	(2)  A person who violates s. 508.10(1) by performing
1197	wrecker services in this state without being an employee or
1198	ultimate equitable owner of a wrecker company that is registered
1199	with the department under this chapter commits a felony of the
1200	third degree, punishable as provided in s. 775.082, s. 775.083,
1201	or s. 775.084.
1202	508.16  Fees.--The department shall adopt by rule a fee
1203	schedule, not to exceed the following amounts:
1204	(1)  Wrecker company registration fee: $425.
1205	(2)  Wrecker company registration renewal fee: $425.
1206	508.17  General Inspection Trust Fund; payments.--All fees,
1207	penalties, or other funds collected by the department under this
1208	chapter must be deposited in the General Inspection Trust Fund
1209	and may only be used for the purpose of administering this
1210	chapter.
1211	508.18  Recovery agents; exemption.--This chapter does not
1212	apply to a person licensed under chapter 493 performing
1213	repossession services.
1214	508.19  County and municipal ordinances.--A county or
1215	municipality may enact ordinances governing the business of
1216	transporting vehicles or vessels by wrecker which are more
1217	restrictive than this chapter. This section does not limit the
1218	authority of a political subdivision to impose regulatory fees
1219	or charges or to levy occupational license taxes under chapter
1220	205. The department may enter into a cooperative agreement with
1221	any county or municipality that provides for the referral,
1222	investigation, and prosecution of consumer complaints alleging
1223	violations of this act. The department is authorized to delegate
1224	enforcement of this act to any county or municipality entering
1225	into a cooperative agreement.
1226	508.20  Records.--
1227	(1)  Each wrecker company shall maintain records of its
1228	wrecker services for at least 12 months. These records shall be
1229	maintained at the wrecker company's principal place of business.
1230	(2)  Each wrecker company shall maintain records on each of
1231	its wrecker operators sufficient to demonstrate that the
1232	operator has successfully completed an approved wrecker operator
1233	certification course or an approved wrecker operator continuing
1234	education course and is certified to perform wrecker services.
1235	These records shall be maintained at the wrecker company's
1236	principal place of business for as long as the operator is
1237	employed by the wrecker company and for at least 6 months
1238	thereafter.
1239	(3)  Each organization approved to conduct a wrecker
1240	operator certification course or approved to offer a wrecker
1241	operator continuing education course shall maintain records on
1242	each person who successfully completes one of the courses. The
1243	records shall be maintained at the organization's principal
1244	place of business for at least 5 years. The department may, at
1245	any time during normal business hours, enter the organization's
1246	principal place of business to examine the records.
1247	Section 17.  Subsection (13) of section 713.78, Florida
1248	Statutes, is amended to read:
1249	713.78  Liens for recovering, towing, or storing vehicles
1250	and vessels.--
1251	(13)(a)  Upon receipt by the Department of Highway Safety
1252	and Motor Vehicles of written notice from a wrecker operator who
1253	claims a wrecker operator's lien under paragraph (2)(c) or
1254	paragraph (2)(d) for recovery, towing, or storage of an
1255	abandoned vehicle, vessel, or mobile home upon instructions from
1256	any law enforcement agency, for which a certificate of
1257	destruction has been issued under subsection (11), the
1258	department shall place the name of the registered owner of that
1259	vehicle, vessel, or mobile home on the list of those persons who
1260	may not be issued a license plate or revalidation sticker for
1261	any motor vehicle under s. 320.03(8). If the vehicle, vessel, or
1262	mobile home is owned jointly by more than one person, the name
1263	of each registered owner shall be placed on the list. The notice
1264	of wrecker operator's lien shall be submitted on forms provided
1265	by the department, which must include:
1266	1.  The name, address, and telephone number of the wrecker
1267	operator.
1268	2.  The name of the registered owner of the vehicle,
1269	vessel, or mobile home and the address to which the wrecker
1270	operator provided notice of the lien to the registered owner
1271	under subsection (4).
1272	3.  A general description of the vehicle, vessel, or mobile
1273	home, including its color, make, model, body style, and year.
1274	4.  The vehicle identification number (VIN); registration
1275	license plate number, state, and year; validation decal number,
1276	state, and year; mobile home sticker number, state, and year;
1277	vessel registration number; hull identification number; or other
1278	identification number, as applicable.
1279	5.  The name of the person or the corresponding law
1280	enforcement agency that requested that the vehicle, vessel, or
1281	mobile home be recovered, towed, or stored.
1282	6.  The amount of the wrecker operator's lien, not to
1283	exceed the amount allowed by paragraph (b).
1284	(b)  For purposes of this subsection only, the amount of
1285	the wrecker operator's lien for which the department will
1286	prevent issuance of a license plate or revalidation sticker may
1287	not exceed the amount of the charges for recovery, towing, and
1288	storage of the vehicle, vessel, or mobile home for 7 days. These
1289	charges may not exceed the maximum rates imposed by the
1290	ordinances of the respective county or municipality under ss.
1291	125.0103(1)(c) and 166.043(1)(c). This paragraph does not limit
1292	the amount of a wrecker operator's lien claimed under subsection
1293	(2) or prevent a wrecker operator from seeking civil remedies
1294	for enforcement of the entire amount of the lien, but limits
1295	only that portion of the lien for which the department will
1296	prevent issuance of a license plate or revalidation sticker.
1297	(c)1.  The registered owner of a vehicle, vessel, or mobile
1298	home may dispute a wrecker operator's lien, by notifying the
1299	department of the dispute in writing on forms provided by the
1300	department, if at least one of the following applies:
1301	a.  The registered owner presents a notarized bill of sale
1302	proving that the vehicle, vessel, or mobile home was sold in a
1303	private or casual sale before the vehicle, vessel, or mobile
1304	home was recovered, towed, or stored.
1305	b.  The registered owner presents proof that the Florida
1306	certificate of title of the vehicle, vessel, or mobile home was
1307	sold to a licensed dealer as defined in s. 319.001 before the
1308	vehicle, vessel, or mobile home was recovered, towed, or stored.
1309	c.  The records of the department were marked to indicate
1310	that the vehicle, vessel, or mobile home was sold before the
1311	issuance of the certificate of destruction under subsection
1312	(11).
1313
1314	If the registered owner's dispute of a wrecker operator's lien
1315	complies with one of these criteria, the department shall
1316	immediately remove the registered owner's name from the list of
1317	those persons who may not be issued a license plate or
1318	revalidation sticker for any motor vehicle under s. 320.03(8),
1319	thereby allowing issuance of a license plate or revalidation
1320	sticker. If the vehicle, vessel, or mobile home is owned jointly
1321	by more than one person, each registered owner must dispute the
1322	wrecker operator's lien in order to be removed from the list.
1323	However, the department shall deny any dispute and maintain the
1324	registered owner's name on the list of those persons who may not
1325	be issued a license plate or revalidation sticker for any motor
1326	vehicle under s. 320.03(8) if the wrecker operator has provided
1327	the department with a certified copy of the judgment of a court
1328	which orders the registered owner to pay the wrecker operator's
1329	lien claimed under this section. In such a case, the amount of
1330	the wrecker operator's lien allowed by paragraph (b) may be
1331	increased to include no more than $500 of the reasonable costs
1332	and attorney's fees incurred in obtaining the judgment. The
1333	department's action under this subparagraph is ministerial in
1334	nature, shall not be considered final agency action, and may be
1335	appealed is appealable only to the county court for the county
1336	in which the vehicle, vessel, or mobile home was ordered
1337	removed.
1338	2.  A person against whom a wrecker operator's lien has
1339	been imposed may alternatively obtain a discharge of the lien by
1340	filing a complaint, challenging the validity of the lien or the
1341	amount thereof, in the county court of the county in which the
1342	vehicle, vessel, or mobile home was ordered removed. Upon filing
1343	of the complaint, the person may have her or his name removed
1344	from the list of those persons who may not be issued a license
1345	plate or revalidation sticker for any motor vehicle under s.
1346	320.03(8), thereby allowing issuance of a license plate or
1347	revalidation sticker, upon posting with the court a cash or
1348	surety bond or other adequate security equal to the amount of
1349	the wrecker operator's lien to ensure the payment of such lien
1350	in the event she or he does not prevail. Upon the posting of the
1351	bond and the payment of the applicable fee set forth in s.
1352	28.24, the clerk of the court shall issue a certificate
1353	notifying the department of the posting of the bond and
1354	directing the department to release the wrecker operator's lien.
1355	Upon determining the respective rights of the parties, the court
1356	may award damages and costs in favor of the prevailing party.
1357	3.  If a person against whom a wrecker operator's lien has
1358	been imposed does not object to the lien, but cannot discharge
1359	the lien by payment because the wrecker operator has moved or
1360	gone out of business, the person may have her or his name
1361	removed from the list of those persons who may not be issued a
1362	license plate or revalidation sticker for any motor vehicle
1363	under s. 320.03(8), thereby allowing issuance of a license plate
1364	or revalidation sticker, upon posting with the clerk of court in
1365	the county in which the vehicle, vessel, or mobile home was
1366	ordered removed, a cash or surety bond or other adequate
1367	security equal to the amount of the wrecker operator's lien.
1368	Upon the posting of the bond and the payment of the application
1369	fee set forth in s. 28.24, the clerk of the court shall issue a
1370	certificate notifying the department of the posting of the bond
1371	and directing the department to release the wrecker operator's
1372	lien. The department shall mail to the wrecker operator, at the
1373	address upon the lien form, notice that the wrecker operator
1374	must claim the security within 60 days, or the security will be
1375	released back to the person who posted it. At the conclusion of
1376	the 60 days, the department shall direct the clerk as to which
1377	party is entitled to payment of the security, less applicable
1378	clerk's fees.
1379	4.  A wrecker operator's lien expires 5 years after filing.
1380	(d)  Upon discharge of the amount of the wrecker operator's
1381	lien allowed by paragraph (b), the wrecker operator must issue a
1382	certificate of discharged wrecker operator's lien on forms
1383	provided by the department to each registered owner of the
1384	vehicle, vessel, or mobile home attesting that the amount of the
1385	wrecker operator's lien allowed by paragraph (b) has been
1386	discharged. Upon presentation of the certificate of discharged
1387	wrecker operator's lien by the registered owner, the department
1388	shall immediately remove the registered owner's name from the
1389	list of those persons who may not be issued a license plate or
1390	revalidation sticker for any motor vehicle under s. 320.03(8),
1391	thereby allowing issuance of a license plate or revalidation
1392	sticker. Issuance of a certificate of discharged wrecker
1393	operator's lien under this paragraph does not discharge the
1394	entire amount of the wrecker operator's lien claimed under
1395	subsection (2), but only certifies to the department that the
1396	amount of the wrecker operator's lien allowed by paragraph (b),
1397	for which the department will prevent issuance of a license
1398	plate or revalidation sticker, has been discharged.
1399	(e)  When a wrecker operator files a notice of wrecker
1400	operator's lien under this subsection, the department shall
1401	charge the wrecker operator a fee of $2, which must shall be
1402	deposited into the General Revenue Fund established under s.
1403	860.158. A service charge of $2.50 shall be collected and
1404	retained by the tax collector who processes a notice of wrecker
1405	operator's lien.
1406	(f)  This subsection applies only to the annual renewal in
1407	the registered owner's birth month of a motor vehicle
1408	registration and does not apply to the transfer of a
1409	registration of a motor vehicle sold by a motor vehicle dealer
1410	licensed under chapter 320, except for the transfer of
1411	registrations which is inclusive of the annual renewals. This
1412	subsection does not apply to any vehicle registered in the name
1413	of a lessor. This subsection does not affect the issuance of the
1414	title to a motor vehicle, notwithstanding s. 319.23(7)(b).
1415	(g)  The Department of Highway Safety and Motor Vehicles
1416	may adopt rules under pursuant to ss. 120.536(1) and 120.54 to
1417	implement this subsection.
1418	Section 18.  Effective January 1, 2005, section 713.78,
1419	Florida Statutes, as amended by this act, is amended to read:
1420	713.78  Liens for recovering, towing, or storing vehicles
1421	and vessels.--
1422	(1)  As used in For the purposes of this section, the term:
1423	(a)  "Business day" means a day other than a Saturday,
1424	Sunday, or federal or state legal holiday.
1425	(b)  "Property owner" has the same meaning ascribed in s.
1426	715.07.
1427	(c)(a)  "Vehicle" has the same meaning ascribed in s.
1428	508.01 means any mobile item, whether motorized or not, which is
1429	mounted on wheels.
1430	(d)(b)  "Vessel" has the same meaning ascribed in s. 508.01
1431	means every description of watercraft, barge, and air boat used
1432	or capable of being used as a means of transportation on water,
1433	other than a seaplane or a "documented vessel" as defined in s.
1434	327.02(8).
1435	(e)(c)  "Wrecker" has the same meaning ascribed in s.
1436	320.01 means any truck or other vehicle which is used to tow,
1437	carry, or otherwise transport motor vehicles or vessels upon the
1438	streets and highways of this state and which is equipped for
1439	that purpose with a boom, winch, car carrier, or other similar
1440	equipment.
1441	(f)  "Wrecker company" has the same meaning ascribed in s.
1442	508.01.
1443	(g)  "Wrecker operator" has the same meaning ascribed in s.
1444	508.01.
1445	(2)  Whenever a wrecker company registered under chapter
1446	508 person regularly engaged in the business of transporting
1447	vehicles or vessels by wrecker, tow truck, or car carrier
1448	recovers, removes, or stores a vehicle or, vessel, or mobile
1449	home upon instructions from:
1450	(a)  The owner of the vehicle or vessel thereof; or
1451	(b)  The property owner or lessor, or a person authorized
1452	by the owner or lessor, of real property on which the such
1453	vehicle is wrongfully parked without permission, and the such
1454	removal is done in compliance with s. 715.07; or
1455	(c)  A Any law enforcement agency,; or
1456	(d)  A mobile home park owner as defined in s. 723.003 who
1457	has a current writ of possession for a mobile home lot pursuant
1458	to s. 723.061,
1459
1460	the wrecker company has she or he shall have a lien on the such
1461	vehicle or vessel for a reasonable towing fee and for a
1462	reasonable storage fee; except that a no storage fee may not
1463	shall be charged if a such vehicle or vessel is stored for less
1464	than 6 hours.
1465	(3)  This section does not authorize any person to claim a
1466	lien on a vehicle for fees or charges connected with the
1467	immobilization of a such vehicle using a vehicle boot or other
1468	similar device under pursuant to s. 715.07.
1469	(4)(a)  Any wrecker company that person regularly engaged
1470	in the business of recovering, towing, or storing vehicles or
1471	vessels who comes into possession of a vehicle or vessel under
1472	pursuant to subsection (2), and who claims a lien for recovery,
1473	towing, or storage services, must shall give notice to the
1474	registered owner, the insurance company insuring the vehicle
1475	notwithstanding the provisions of s. 627.736, and to all persons
1476	claiming a lien on the vehicle or vessel thereon, as disclosed
1477	by the records in the Department of Highway Safety and Motor
1478	Vehicles or of a corresponding agency in any other state.
1479	(b)  Whenever a any law enforcement agency authorizes the
1480	removal of a vehicle, or whenever a wrecker company any towing
1481	service, garage, repair shop, or automotive service, storage, or
1482	parking place notifies the law enforcement agency of possession
1483	of a vehicle under pursuant to s. 715.07(2)(a)2., the applicable
1484	law enforcement agency shall contact the Department of Highway
1485	Safety and Motor Vehicles, or the appropriate agency of the
1486	state of registration, if known, within 24 hours through the
1487	medium of electronic communications, giving the full description
1488	of the vehicle. Upon receipt of the full description of the
1489	vehicle, the department shall search its files to determine the
1490	owner's name, the insurance company insuring the vehicle, and
1491	whether any person has filed a lien upon the vehicle as provided
1492	in s. 319.27(2) and (3) and notify the applicable law
1493	enforcement agency within 72 hours. The wrecker company person
1494	in charge of the towing service, garage, repair shop, or
1495	automotive service, storage, or parking place shall obtain this
1496	such information from the applicable law enforcement agency
1497	within 5 days after from the date of storage and must shall give
1498	notice under pursuant to paragraph (a). The department may
1499	release the insurance company information to the requestor
1500	notwithstanding the provisions of s. 627.736.
1501	(c)  Notice by certified mail, return receipt requested,
1502	must shall be sent within 7 business days after the date of
1503	storage of the vehicle or vessel to the registered owner, the
1504	insurance company insuring the vehicle notwithstanding the
1505	provisions of s. 627.736, and all persons of record claiming a
1506	lien against the vehicle or vessel.  The notice must It shall
1507	state the fact of possession of the vehicle or vessel, that a
1508	lien as provided in subsection (2) is claimed, that charges have
1509	accrued and the amount of the charges thereof, that the lien is
1510	subject to enforcement under pursuant to law, and that the owner
1511	or lienholder, if any, has the right to a hearing as set forth
1512	in subsection (5), and that any vehicle or vessel which remains
1513	unclaimed, or for which the charges for recovery, towing, or
1514	storage services remain unpaid, may be sold free of all prior
1515	liens after 35 days if the vehicle or vessel is more than 3
1516	years of age or after 50 days if the vehicle or vessel is 3
1517	years of age or less.
1518	(d)  If the wrecker company is unable attempts to identify
1519	the name of locate the owner or lienholder prove unsuccessful,
1520	the wrecker company must towing-storage operator shall, after 7
1521	business working days following, excluding Saturday and Sunday,
1522	of the initial tow or storage, notify the public agency of
1523	jurisdiction in writing by certified mail or acknowledged hand
1524	delivery that the wrecker towing-storage company has been unable
1525	to identify the name of locate the owner or lienholder and a
1526	physical search of the vehicle or vessel has disclosed no
1527	ownership information and a good faith effort has been made. For
1528	purposes of this paragraph and subsection (9), the term "good
1529	faith effort" means that the following checks have been
1530	performed by the wrecker company to establish prior state of
1531	registration and for title:
1532	1.  Check of vehicle or vessel for any type of tag, tag
1533	record, temporary tag, or regular tag.
1534	2.  Check of law enforcement report for tag number or other
1535	information identifying the vehicle or vessel, if the vehicle or
1536	vessel was towed at the request of a law enforcement officer.
1537	3.  Check of trip sheet or tow ticket of the wrecker tow
1538	truck operator to see if a tag was on vehicle at beginning of
1539	tow, if private tow.
1540	4.  If there is no address of the owner on the impound
1541	report, check of law enforcement report to see if an out-of-
1542	state address is indicated from driver license information.
1543	5.  Check of vehicle or vessel for inspection sticker or
1544	other stickers and decals that may indicate a state of possible
1545	registration.
1546	6.  Check of the interior of the vehicle or vessel for any
1547	papers that may be in the glove box, trunk, or other areas for a
1548	state of registration.
1549	7.  Check of vehicle for vehicle identification number.
1550	8.  Check of vessel for vessel registration number.
1551	9.  Check of vessel hull for a hull identification number
1552	which should be carved, burned, stamped, embossed, or otherwise
1553	permanently affixed to the outboard side of the transom or, if
1554	there is no transom, to the outmost seaboard side at the end of
1555	the hull that bears the rudder or other steering mechanism.
1556	(5)(a)  The owner of a vehicle or vessel removed under
1557	pursuant to the provisions of subsection (2), or any person
1558	claiming a lien, other than the wrecker company towing-storage
1559	operator, within 10 days after the time she or he has knowledge
1560	of the location of the vehicle or vessel, may file a complaint
1561	in the county court of the county in which the vehicle or vessel
1562	is stored or in which the owner resides to determine if her or
1563	his property was wrongfully taken or withheld from her or him.
1564	(b)  Upon filing of a complaint, an owner or lienholder may
1565	have her or his vehicle or vessel released upon posting with the
1566	court a cash or surety bond or other adequate security equal to
1567	the amount of the charges for towing or storage and lot rental
1568	amount to ensure the payment of the such charges in the event
1569	she or he does not prevail.  Upon the posting of the bond and
1570	the payment of the applicable fee set forth in s. 28.24, the
1571	clerk of the court shall issue a certificate notifying the
1572	lienor of the posting of the bond and directing the lienor to
1573	release the vehicle or vessel. At the time of the such release,
1574	after reasonable inspection, she or he shall give a receipt to
1575	the wrecker towing-storage company reciting any claims she or he
1576	has for loss or damage to the vehicle or vessel or to the
1577	contents of the vehicle or vessel thereof.
1578	(c)  Upon determining the respective rights of the parties,
1579	the court shall may award damages, and costs, and reasonable
1580	attorney's fees to in favor of the prevailing party. In any
1581	event, The final order must require shall provide for immediate
1582	payment in full of the recovery, towing, and storage fees by the
1583	vehicle or vessel owner or lienholder; by or the law enforcement
1584	agency ordering the tow; or by the property owner, lessee, or
1585	agent thereof of the real property from which the vehicle or
1586	vessel was towed or removed under s. 715.07.
1587	(6)  Any vehicle or vessel that which is stored under
1588	pursuant to subsection (2) and that which remains unclaimed, or
1589	for which reasonable charges for recovery, towing, or storing
1590	remain unpaid or for which a lot rental amount is due and owing
1591	to the mobile home park owner, as evidenced by a judgment for
1592	unpaid rent, and any contents not released under pursuant to
1593	subsection (10), may be sold by the wrecker company owner or
1594	operator of the storage space for the such towing or storage
1595	charge or unpaid lot rental amount after 35 days after from the
1596	time the vehicle or vessel is stored in the wrecker company's
1597	storage facility therein if the vehicle or vessel is more than 3
1598	years of age or after 50 days after following the time the
1599	vehicle or vessel is stored in the wrecker company's storage
1600	facility therein if the vehicle or vessel is 3 years of age or
1601	less. The sale must shall be at public auction for cash. If the
1602	date of the sale is was not included in the notice required in
1603	subsection (4), notice of the sale must shall be given to the
1604	person in whose name the vehicle or, vessel, or mobile home is
1605	registered, to the mobile home park owner, and to all persons
1606	claiming a lien on the vehicle or vessel as shown on the records
1607	of the Department of Highway Safety and Motor Vehicles or of the
1608	corresponding agency in any other state. Notice must shall be
1609	sent by certified mail, return receipt requested, to the owner
1610	of the vehicle or vessel and the person having the recorded lien
1611	on the vehicle or vessel at the address shown on the records of
1612	the registering agency and must shall be mailed at least not
1613	less than 15 days before the date of the sale. After diligent
1614	search and inquiry, if the name and address of the registered
1615	owner or the owner of the recorded lien cannot be ascertained,
1616	the requirements of notice by mail may be dispensed with.  In
1617	addition to the notice by mail, public notice of the time and
1618	place of sale must shall be made by publishing a notice of the
1619	sale thereof one time, at least 10 days before prior to the date
1620	of the sale, in a newspaper of general circulation in the county
1621	in which the sale is to be held.  The proceeds of the sale,
1622	after payment of reasonable towing and storage charges and,
1623	costs of the sale, and the unpaid lot rental amount, in that
1624	order of priority, must shall be deposited with the clerk of the
1625	circuit court for the county if the owner is absent, and the
1626	clerk shall hold the such proceeds subject to the claim of the
1627	person legally entitled to those proceeds thereto. The clerk is
1628	shall be entitled to receive 5 percent of the such proceeds for
1629	the care and disbursement of the proceeds thereof.  The
1630	certificate of title issued under this section must law shall be
1631	discharged of all liens unless otherwise provided by court
1632	order.
1633	(7)(a)  A wrecker company, its wrecker operators, and other
1634	employees or agents of the wrecker company operator recovering,
1635	towing, or storing vehicles or vessels are is not liable for
1636	damages connected with those such services, theft of the such
1637	vehicles or vessels, or theft of personal property contained in
1638	the such vehicles or vessels, if those provided that such
1639	services are have been performed with reasonable care and if
1640	provided, further, that, in the case of removal of a vehicle or
1641	vessel upon the request of a person purporting, and reasonably
1642	appearing, to be the property owner or lessee, or a person
1643	authorized by the owner or lessee, of the real property from
1644	which the such vehicle or vessel is removed, the such removal
1645	has been done in compliance with s. 715.07. Further, a wrecker
1646	company, its wrecker operators, and other employees or agents of
1647	the wrecker company are operator is not liable for damage
1648	connected with those such services when complying with the
1649	lawful directions of a law enforcement officer to remove a
1650	vehicle stopped, standing, or parked upon a street or highway in
1651	such a position that obstructs as to obstruct the normal
1652	movement of traffic or that creates in such a condition as to
1653	create a hazard to other traffic upon the street or highway.
1654	(b)  Employees or authorized agents of an authorized or
1655	unauthorized wrecker company, as defined in s. 321.051 or s.
1656	323.002, may remove a vehicle or vehicle cargo from a public
1657	road without consent of the owner or operator of the vehicle or
1658	vehicle cargo upon request of a law enforcement officer as
1659	defined in s. 112.531, a sheriff or deputy sheriff as defined in
1660	s. 30.072, or a firefighter as defined in s. 112.81. The
1661	employee or authorized agent of the wrecker company, its wrecker
1662	operators, and other employees or agents of the wrecker company,
1663	the law enforcement officer, sheriff, or deputy sheriff, and the
1664	firefighters and emergency medical services providers are not
1665	liable for any property damages or claims of damage for the
1666	removal if the vehicle or vehicle cargo is removed because it
1667	presents an imminent public-safety hazard.
1668	(c)(b)  For the purposes of this subsection, a wrecker
1669	company, its wrecker operators, and other employees or agents of
1670	the wrecker company are operator is presumed to use reasonable
1671	care to prevent the theft of a vehicle or vessel or of any
1672	personal property contained in the such vehicle stored in the
1673	wrecker company's operator's storage facility if all of the
1674	following apply:
1675	1.  The wrecker company operator surrounds the storage
1676	facility with a chain-link or solid-wall type fence at least 6
1677	feet in height;
1678	2.  The wrecker company illuminates operator has
1679	illuminated the storage facility with lighting of sufficient
1680	intensity to reveal persons and vehicles at a distance of at
1681	least 150 feet during nighttime; and
1682	3.  The wrecker company operator uses one or more of the
1683	following security methods to discourage theft of vehicles or
1684	vessels or of any personal property contained in such vehicles
1685	or vessels stored in the wrecker company's operator's storage
1686	facility:
1687	a.  A night dispatcher or watchman remains on duty at the
1688	storage facility from sunset to sunrise;
1689	b.  A security dog remains at the storage facility from
1690	sunset to sunrise;
1691	c.  Security cameras or other similar surveillance devices
1692	monitor the storage facility; or
1693	d.  A security guard service examines the storage facility
1694	at least once each hour from sunset to sunrise.
1695	(d)(c)  Any law enforcement agency requesting that a motor
1696	vehicle be removed from an accident scene, street, or highway
1697	must conduct an inventory and prepare a written record of all
1698	personal property found in the vehicle before the vehicle is
1699	removed by a wrecker operator. However, if the owner or driver
1700	of the motor vehicle is present and accompanies the vehicle, an
1701	no inventory by law enforcement is not required. A wrecker
1702	company, its wrecker operators, and other employees or agents of
1703	the wrecker company are operator is not liable for the loss of
1704	personal property alleged to be contained in such a vehicle when
1705	the such personal property was not identified on the inventory
1706	record prepared by the law enforcement agency requesting the
1707	removal of the vehicle.
1708	(8)  A wrecker company and its wrecker operators, excluding
1709	person regularly engaged in the business of recovering, towing,
1710	or storing vehicles or vessels, except a person licensed under
1711	chapter 493 while engaged in "repossession" activities as
1712	defined in s. 493.6101, may not operate a wrecker, tow truck, or
1713	car carrier unless the name, address, and telephone number of
1714	the wrecker company performing the wrecker services service is
1715	clearly printed in contrasting colors on the driver and
1716	passenger sides of the wrecker its vehicle.  The name must be in
1717	at least 3-inch permanently affixed letters, and the address and
1718	telephone number must be in at least 1-inch permanently affixed
1719	letters.
1720	(9)  Failure to make good faith best efforts to comply with
1721	the notice requirements of this section precludes shall preclude
1722	the imposition of any storage charges against the such vehicle
1723	or vessel.
1724	(10)  Each wrecker company that provides Persons who
1725	provide services under pursuant to this section must shall
1726	permit vehicle or vessel owners or their agents, which agency is
1727	evidenced by a writing acknowledged by the owner before a notary
1728	public or other person empowered by law to administer oaths, to
1729	inspect the towed vehicle or vessel and must shall release to
1730	the owner or agent all personal property not affixed to the
1731	vehicle or vessel which was in the vehicle or vessel at the time
1732	the vehicle or vessel came into the custody of the wrecker
1733	company person providing those such services.
1734	(11)(a)  A wrecker company that Any person regularly
1735	engaged in the business of recovering, towing, or storing
1736	vehicles or vessels who comes into possession of a vehicle or
1737	vessel under pursuant to subsection (2) and that complies who
1738	has complied with the provisions of subsections (3) and (6),
1739	when the such vehicle or vessel is to be sold for purposes of
1740	being dismantled, destroyed, or changed in a such manner that it
1741	is not the motor vehicle or, vessel, or mobile home described in
1742	the certificate of title, must shall apply to the county tax
1743	collector for a certificate of destruction.  A certificate of
1744	destruction, which authorizes the dismantling or destruction of
1745	the vehicle or vessel described on the certificate therein, is
1746	shall be reassignable no more than twice a maximum of two times
1747	before dismantling or destruction of the vehicle is shall be
1748	required, and the certificate must shall accompany the vehicle
1749	or vessel for which it is issued, when the such vehicle or
1750	vessel is sold for that purpose such purposes, in lieu of a
1751	certificate of title.  The application for a certificate of
1752	destruction must include an affidavit from the applicant that it
1753	has complied with all applicable requirements of this section
1754	and, if the vehicle or vessel is not registered in this state,
1755	by a statement from a law enforcement officer that the vehicle
1756	or vessel is not reported stolen, and must also shall be
1757	accompanied by any other such documentation as may be required
1758	by the department.
1759	(b)  The Department of Highway Safety and Motor Vehicles
1760	shall charge a fee of $3 for each certificate of destruction.  A
1761	service charge of $4.25 shall be collected and retained by the
1762	tax collector who processes the application.
1763	(c)  The Department of Highway Safety and Motor Vehicles
1764	may adopt such rules to administer as it deems necessary or
1765	proper for the administration of this subsection.
1766	(12)(a)  Any person who violates any provision of
1767	subsection (1), subsection (2), subsection (4), subsection (5),
1768	subsection (6), or subsection (7) commits is guilty of a
1769	misdemeanor of the first degree, punishable as provided in s.
1770	775.082 or s. 775.083.
1771	(b)  Any person who violates the provisions of subsections
1772	(8) through (11) commits is guilty of a felony of the third
1773	degree, punishable as provided in s. 775.082, s. 775.083, or s.
1774	775.084.
1775	(c)  Any person who uses a false or fictitious name, gives
1776	a false or fictitious address, or makes any false statement in
1777	any application or affidavit required under the provisions of
1778	this section commits is guilty of a felony of the third degree,
1779	punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
1780	(d)  Employees of the Department of Highway Safety and
1781	Motor Vehicles and law enforcement officers may are authorized
1782	to inspect the records of each wrecker company in this state any
1783	person regularly engaged in the business of recovering, towing,
1784	or storing vehicles or vessels or transporting vehicles or
1785	vessels by wrecker, tow truck, or car carrier, to ensure
1786	compliance with the requirements of this section. Any person who
1787	fails to maintain records, or fails to produce records when
1788	required in a reasonable manner and at a reasonable time,
1789	commits a misdemeanor of the first degree, punishable as
1790	provided in s. 775.082 or s. 775.083.
1791	(13)(a)  Upon receipt by the Department of Highway Safety
1792	and Motor Vehicles of written notice from a wrecker company
1793	operator who claims a wrecker company's operator's lien under
1794	paragraph (2)(c) or paragraph (2)(d) for recovery, towing, or
1795	storage of an abandoned vehicle or, vessel, or mobile home upon
1796	instructions from any law enforcement agency, for which a
1797	certificate of destruction has been issued under subsection
1798	(11), the department shall place the name of the registered
1799	owner of that vehicle or, vessel, or mobile home on the list of
1800	those persons who may not be issued a license plate or
1801	revalidation sticker for any motor vehicle under s. 320.03(8).
1802	If the vehicle or, vessel, or mobile home is owned jointly by
1803	more than one person, the name of each registered owner shall be
1804	placed on the list. The notice of wrecker company's operator's
1805	lien shall be submitted on forms provided by the department,
1806	which must include:
1807	1.  The name, address, and telephone number of the wrecker
1808	company operator.
1809	2.  The name of the registered owner of the vehicle or,
1810	vessel, or mobile home and the address to which the wrecker
1811	company operator provided notice of the lien to the registered
1812	owner under subsection (4).
1813	3.  A general description of the vehicle or, vessel, or
1814	mobile home, including its color, make, model, body style, and
1815	year.
1816	4.  The vehicle identification number (VIN); registration
1817	license plate number, state, and year; validation decal number,
1818	state, and year; mobile home sticker number, state, and year;
1819	vessel registration number; hull identification number; or other
1820	identification number, as applicable.
1821	5.  The name of the person or the corresponding law
1822	enforcement agency that requested that the vehicle or, vessel,
1823	or mobile home be recovered, towed, or stored.
1824	6.  The amount of the wrecker company's operator's lien,
1825	not to exceed the amount allowed by paragraph (b).
1826	(b)  For purposes of this subsection only, the amount of
1827	the wrecker company's operator's lien for which the department
1828	will prevent issuance of a license plate or revalidation sticker
1829	may not exceed the amount of the charges for recovery, towing,
1830	and storage of the vehicle or, vessel, or mobile home for 7
1831	days. These charges may not exceed the maximum rates imposed by
1832	the ordinances of the respective county or municipality under
1833	ss. 125.0103(1)(c) and 166.043(1)(c). This paragraph does not
1834	limit the amount of a wrecker company's operator's lien claimed
1835	under subsection (2) or prevent a wrecker company operator from
1836	seeking civil remedies for enforcement of the entire amount of
1837	the lien, but limits only that portion of the lien for which the
1838	department will prevent issuance of a license plate or
1839	revalidation sticker.
1840	(c)1.  The registered owner of a vehicle, vessel, or mobile
1841	home may dispute a wrecker company's operator's lien, by
1842	notifying the department of the dispute in writing on forms
1843	provided by the department, if at least one of the following
1844	applies:
1845	a.  The registered owner presents a notarized bill of sale
1846	proving that the vehicle or, vessel, or mobile home was sold in
1847	a private or casual sale before the vehicle or, vessel, or
1848	mobile home was recovered, towed, or stored.
1849	b.  The registered owner presents proof that the Florida
1850	certificate of title of the vehicle or, vessel, or mobile home
1851	was sold to a licensed dealer as defined in s. 319.001 before
1852	the vehicle or, vessel, or mobile home was recovered, towed, or
1853	stored.
1854	c.  The records of the department were marked to indicate
1855	that the vehicle or, vessel, or mobile home was sold before the
1856	issuance of the certificate of destruction under subsection
1857	(11).
1858
1859	If the registered owner's dispute of a wrecker company's
1860	operator's lien complies with one of these criteria, the
1861	department shall immediately remove the registered owner's name
1862	from the list of those persons who may not be issued a license
1863	plate or revalidation sticker for any motor vehicle under s.
1864	320.03(8), thereby allowing issuance of a license plate or
1865	revalidation sticker. If the vehicle or, vessel, or mobile home
1866	is owned jointly by more than one person, each registered owner
1867	must dispute the wrecker company's operator's lien in order to
1868	be removed from the list. However, the department shall deny any
1869	dispute and maintain the registered owner's name on the list of
1870	those persons who may not be issued a license plate or
1871	revalidation sticker for any motor vehicle under s. 320.03(8) if
1872	the wrecker company operator has provided the department with a
1873	certified copy of the judgment of a court which orders the
1874	registered owner to pay the wrecker company's operator's lien
1875	claimed under this section. In such a case, the amount of the
1876	wrecker company's operator's lien allowed by paragraph (b) may
1877	be increased to include no more than $500 of the reasonable
1878	costs and attorney's fees incurred in obtaining the judgment.
1879	The department's action under this subparagraph is ministerial
1880	in nature, shall not be considered final agency action, and may
1881	be appealed only to the county court for the county in which the
1882	vehicle or, vessel, or mobile home was ordered removed.
1883	2.  A person against whom a wrecker company's operator's
1884	lien has been imposed may alternatively obtain a discharge of
1885	the lien by filing a complaint, challenging the validity of the
1886	lien or the amount thereof, in the county court of the county in
1887	which the vehicle or, vessel, or mobile home was ordered
1888	removed. Upon filing of the complaint, the person may have her
1889	or his name removed from the list of those persons who may not
1890	be issued a license plate or revalidation sticker for any motor
1891	vehicle under s. 320.03(8), thereby allowing issuance of a
1892	license plate or revalidation sticker, upon posting with the
1893	court a cash or surety bond or other adequate security equal to
1894	the amount of the wrecker company's operator's lien to ensure
1895	the payment of such lien in the event she or he does not
1896	prevail. Upon the posting of the bond and the payment of the
1897	applicable fee set forth in s. 28.24, the clerk of the court
1898	shall issue a certificate notifying the department of the
1899	posting of the bond and directing the department to release the
1900	wrecker company's operator's lien. Upon determining the
1901	respective rights of the parties, the court may award damages
1902	and costs in favor of the prevailing party.
1903	3.  If a person against whom a wrecker company's operator's
1904	lien has been imposed does not object to the lien, but cannot
1905	discharge the lien by payment because the wrecker company
1906	operator has moved or gone out of business, the person may have
1907	her or his name removed from the list of those persons who may
1908	not be issued a license plate or revalidation sticker for any
1909	motor vehicle under s. 320.03(8), thereby allowing issuance of a
1910	license plate or revalidation sticker, upon posting with the
1911	clerk of court in the county in which the vehicle or, vessel, or
1912	mobile home was ordered removed, a cash or surety bond or other
1913	adequate security equal to the amount of the wrecker company's
1914	operator's lien. Upon the posting of the bond and the payment of
1915	the application fee set forth in s. 28.24, the clerk of the
1916	court shall issue a certificate notifying the department of the
1917	posting of the bond and directing the department to release the
1918	wrecker company's operator's lien. The department shall mail to
1919	the wrecker company operator, at the address upon the lien form,
1920	notice that the wrecker company operator must claim the security
1921	within 60 days, or the security will be released back to the
1922	person who posted it. At the conclusion of the 60 days, the
1923	department shall direct the clerk as to which party is entitled
1924	to payment of the security, less applicable clerk's fees.
1925	4.  A wrecker company's operator's lien expires 5 years
1926	after filing.
1927	(d)  Upon discharge of the amount of the wrecker company's
1928	operator's lien allowed by paragraph (b), the wrecker company
1929	operator must issue a certificate of discharged wrecker
1930	company's operator's lien on forms provided by the department to
1931	each registered owner of the vehicle, vessel, or mobile home
1932	attesting that the amount of the wrecker company's operator's
1933	lien allowed by paragraph (b) has been discharged. Upon
1934	presentation of the certificate of discharged wrecker company's
1935	operator's lien by the registered owner, the department shall
1936	immediately remove the registered owner's name from the list of
1937	those persons who may not be issued a license plate or
1938	revalidation sticker for any motor vehicle under s. 320.03(8),
1939	thereby allowing issuance of a license plate or revalidation
1940	sticker. Issuance of a certificate of discharged wrecker
1941	company's operator's lien under this paragraph does not
1942	discharge the entire amount of the wrecker company's operator's
1943	lien claimed under subsection (2), but only certifies to the
1944	department that the amount of the wrecker company's operator's
1945	lien allowed by paragraph (b), for which the department will
1946	prevent issuance of a license plate or revalidation sticker, has
1947	been discharged.
1948	(e)  When a wrecker company operator files a notice of
1949	wrecker operator's lien under this subsection, the department
1950	shall charge the wrecker company operator a fee of $2, which
1951	must be deposited into the General Revenue Fund. A service
1952	charge of $2.50 shall be collected and retained by the tax
1953	collector who processes a notice of wrecker company's operator's
1954	lien.
1955	(f)  This subsection applies only to the annual renewal in
1956	the registered owner's birth month of a motor vehicle
1957	registration and does not apply to the transfer of a
1958	registration of a motor vehicle sold by a motor vehicle dealer
1959	licensed under chapter 320, except for the transfer of
1960	registrations which is inclusive of the annual renewals. This
1961	subsection does not apply to any vehicle registered in the name
1962	of a lessor. This subsection does not affect the issuance of the
1963	title to a motor vehicle, notwithstanding s. 319.23(7)(b).
1964	(g)  The Department of Highway Safety and Motor Vehicles
1965	may adopt rules under ss. 120.536(1) and 120.54 to implement
1966	this subsection.
1967	(14)  The amendments to this section made by this act do
1968	not affect the validity of liens established under this section
1969	before January 1, 2005.
1970	Section 19.  Effective January 1, 2005, section 713.785,
1971	Florida Statutes, is created to read:
1972	713.785  Liens for recovering, towing, or storing mobile
1973	homes.--
1974	(1)  As used in this section, the term:
1975	(a)  "Mobile home" means a mobile home or manufactured home
1976	as those terms are defined in s. 320.01 and any contents and
1977	appurtenances thereof.
1978	(b)  "Mobile home transport company" means a person
1979	regularly engaged in the business of transporting mobile homes.
1980	(c)  "Property owner" has the same meaning ascribed in s.
1981	715.07.
1982	(d)  "Store" means a mobile home transport company has
1983	legal possession of a mobile home either on the mobile home
1984	transport company's property or on any other property.
1985	(e)  "Unpaid lot rental amount" means any unpaid financial
1986	obligations of the mobile home owner or tenant to the mobile
1987	home park owner.
1988	(2)  If a mobile home transport company recovers, removes,
1989	or stores a mobile home upon instructions from:
1990	(a)  The owner of the mobile home;
1991	(b)  A law enforcement agency; or
1992	(c)  A mobile home park owner as defined in s. 723.003 who
1993	has a current writ of possession for a mobile home lot under s.
1994	723.062 or s. 83.062,
1995
1996	the mobile home transport company has a lien on the mobile home
1997	for a reasonable towing fee and for a reasonable storage fee.
1998	(3)  A mobile home transport company that comes into
1999	possession of a mobile home under subsection (2) and that claims
2000	a lien for recovery, towing, or storage services must give
2001	notice to the registered owner and to all persons claiming a
2002	lien on the mobile home, as disclosed by the records in the
2003	Department of Highway Safety and Motor Vehicles or of a
2004	corresponding agency in any other state.
2005	(4)  The lien created under subsection (2) is prior in
2006	dignity to all others except a lien for unpaid purchase price or
2007	a landlord's lien for rent.
2008	(5)  A mobile home that is stored under subsection (2) and
2009	that remains unclaimed, or for which reasonable charges for
2010	recovery, towing, or storing remain unpaid or for which a lot
2011	rental amount is due and owing to the mobile home park owner,
2012	may be sold by the mobile home transport company for the towing
2013	or storage charge and any unpaid lot rental amount 35 days after
2014	the mobile home is stored by a mobile home transport company.
2015	The sale must be at public auction for cash. Notice of the sale
2016	must be given to the person in whose name the mobile home is
2017	registered, to the mobile home park owner, and to all persons
2018	claiming a lien on the mobile home as shown on the records of
2019	the Department of Highway Safety and Motor Vehicles or of the
2020	corresponding agency in any other state. Notice must be sent by
2021	certified mail, return receipt requested, at least 15 days
2022	before the date of the sale. After diligent search and inquiry,
2023	if the name and address of the registered owner or the owner of
2024	the recorded lien cannot be ascertained, the requirements of
2025	notice by mail may be dispensed with. In addition to the notice
2026	by mail, public notice of the time and place of sale must be
2027	made by publishing a notice of the sale one time, at least 10
2028	days before the date of the sale, in a newspaper of general
2029	circulation in the county in which the sale is to be held. The
2030	proceeds of the sale, after payment of reasonable towing and
2031	storage charges, costs of the sale, and the unpaid lot rental
2032	amount, as evidenced by an affidavit executed by the mobile home
2033	park owner or the owner's agent, in that order of priority, must
2034	be deposited with the clerk of the circuit court for the county
2035	if the owner is absent, and the clerk shall hold the proceeds
2036	subject to the claim of the person legally entitled to those
2037	proceeds. The clerk is entitled to receive 5 percent of the
2038	proceeds for the care and disbursement of the proceeds.
2039	(6)  Neither the mobile home transport company, the
2040	landlord or his or her agent, nor any subsequent purchaser for
2041	value is responsible to the tenant or any other party for loss,
2042	destruction, or damage to the mobile home or other personal
2043	property after coming into possession of the mobile home
2044	pursuant to this section.
2045	(7)(a)  A mobile home transport company that comes into
2046	possession of a mobile home under subsection (2) and that
2047	complies with subsection (3), if the mobile home is to be sold
2048	for purposes of being dismantled, destroyed, or changed so that
2049	it is not the mobile home described in the certificate of title,
2050	must apply to the county tax collector for a certificate of
2051	destruction. A certificate of destruction, which authorizes the
2052	dismantling or destruction of the mobile home described in the
2053	certificate, is reassignable no more than twice before
2054	dismantling or destruction of the mobile home is required, and
2055	the certificate must accompany the mobile home for which it is
2056	issued when the mobile home is sold for that purpose, in lieu of
2057	a certificate of title. The application for a certificate of
2058	destruction must include an affidavit from the applicant that it
2059	has complied with all applicable requirements of this section;
2060	must, if the mobile home is not registered in this state,
2061	include a statement from a law enforcement officer that the
2062	mobile home is not reported stolen; and must be accompanied by
2063	any other documentation required by the department.
2064	(b)  The Department of Highway Safety and Motor Vehicles
2065	shall charge a fee of $3 for each certificate of destruction.
2066	The tax collector who processes the application shall collect
2067	and retain a service charge of $4.25.
2068	(c)  The Department of Highway Safety and Motor Vehicles
2069	may adopt rules to administer this subsection.
2070	(d)  Employees of the Department of Highway Safety and
2071	Motor Vehicles and law enforcement officers may inspect the
2072	records of each mobile home transport company in this state to
2073	ensure compliance with this section.
2074	(8)(a)  Upon receipt by the Department of Highway Safety
2075	and Motor Vehicles of written notice from a mobile home
2076	transport company that claims a lien under paragraph (2)(c) or
2077	paragraph (2)(d) for recovery, towing, or storage, upon
2078	instructions from any law enforcement agency, of a mobile home
2079	for which a certificate of destruction has been issued under
2080	subsection (7), the department shall place the name of the
2081	registered owner of that mobile home on the list of those
2082	persons who may not be issued a revalidation sticker under s.
2083	320.03. If the mobile home is owned jointly by more than one
2084	person, the name of each registered owner must be placed on the
2085	list. The notice of lien must be submitted on forms provided by
2086	the department, which must include:
2087	1.  The name, address, and telephone number of the mobile
2088	home transport company.
2089	2.  The name of the registered owner of the mobile home and
2090	the address to which the mobile home transport company provided
2091	notice of the lien to the registered owner under subsection (3).
2092	3.  A general description of the mobile home, including its
2093	color, make, model, and year.
2094	4.  The mobile home sticker number, state, and year or
2095	other identification number, as applicable.
2096	5.  The name of the person or the corresponding law
2097	enforcement agency that requested that the mobile home be
2098	recovered, towed, or stored.
2099	6.  The amount of the lien, which may not exceed the amount
2100	allowed by paragraph (b).
2101	(b)  For purposes of this subsection only, the amount of
2102	the mobile home transport company's lien for which the
2103	department will prevent issuance of a revalidation sticker may
2104	not exceed the amount of the charges for recovery, towing, and
2105	storage of the mobile home for 7 days. These charges may not
2106	exceed the maximum rates imposed by the ordinances of the
2107	respective county or municipality under ss. 125.0103(1)(c) and
2108	166.043(1)(c). This paragraph does not limit the amount of a
2109	mobile home transport company's lien claimed under subsection
2110	(2) or prevent a mobile home transport company from seeking
2111	civil remedies for enforcement of the entire amount of the lien,
2112	but limits only that portion of the lien for which the
2113	department will prevent issuance of a revalidation sticker.
2114	(c)1.  The registered owner of the mobile home may dispute
2115	a mobile home transport company's lien by notifying the
2116	department of the dispute in writing on forms provided by the
2117	department, if at least one of the following applies:
2118	a.  The registered owner presents a notarized bill of sale
2119	proving that the mobile home was sold in a private or casual
2120	sale before the mobile home was recovered, towed, or stored.
2121	b.  The registered owner presents proof that the Florida
2122	certificate of title of the mobile home was sold to a licensed
2123	dealer as defined in s. 319.001 before the mobile home was
2124	recovered, towed, or stored.
2125	c.  The records of the department were marked to indicate
2126	that the mobile home was sold before the issuance of the
2127	certificate of destruction under subsection (7).
2128
2129	If the registered owner's dispute of a mobile home transport
2130	company's lien complies with one of these criteria, the
2131	department shall immediately remove the registered owner's name
2132	from the list of those persons who may not be issued a
2133	revalidation sticker under s. 320.03. If the mobile home is
2134	owned jointly by more than one person, each registered owner
2135	must dispute the mobile home transport company's lien in order
2136	to be removed from the list. However, the department shall deny
2137	any dispute and maintain the registered owner's name on the list
2138	of those persons who may not be issued a revalidation sticker if
2139	the motor home transport company has provided the department
2140	with a certified copy of the judgment of a court which orders
2141	the registered owner to pay the mobile home transport company's
2142	lien claimed under this section. In such a case, the amount of
2143	the mobile home transport company's lien allowed under paragraph
2144	(b) may be increased to include no more than $500 of the
2145	reasonable costs and attorney's fees incurred in obtaining the
2146	judgment. The department's action under this subparagraph is
2147	ministerial in nature, is not final agency action, and may be
2148	appealed only to the county court for the county in which the
2149	mobile home was ordered removed.
2150	2.  A person against whom a mobile home transport company's
2151	lien has been imposed may alternatively obtain a discharge of
2152	the lien by filing a complaint challenging the validity of the
2153	lien, or the amount thereof, in the county court of the county
2154	in which the mobile home was ordered removed. Upon filing the
2155	complaint, the person may have her or his name removed from the
2156	list of those persons who may not be issued a revalidation
2157	sticker under s. 320.03 upon posting with the court a cash or
2158	surety bond or other adequate security equal to the amount of
2159	the mobile home transport company's lien to ensure the payment
2160	of the lien if she or he does not prevail. Upon the posting of
2161	the bond and the payment of the applicable fee set forth in s.
2162	28.24, the clerk of the court shall issue a certificate
2163	notifying the department of the posting of the bond and
2164	directing the department to release the mobile home transport
2165	company's lien. Upon determining the respective rights of the
2166	parties, the court may award damages and costs in favor of the
2167	prevailing party.
2168	3.  If a person against whom a mobile home transport
2169	company's lien has been imposed does not object to the lien but
2170	cannot discharge the lien by payment because the mobile home
2171	transport company has moved or gone out of business, the person
2172	may have her or his name removed from the list of those persons
2173	who may not be issued a revalidation sticker under s. 320.03
2174	upon posting with the clerk of the court in the county in which
2175	the mobile home was ordered removed a cash or surety bond or
2176	other adequate security equal to the amount of the mobile home
2177	transport company's lien. Upon the posting of the bond and the
2178	payment of the application fee set forth in s. 28.24, the clerk
2179	of the court shall issue a certificate notifying the department
2180	of the posting of the bond and directing the department to
2181	release the mobile home transport company's lien. The department
2182	shall mail to the mobile home transport company, at the address
2183	on the lien form, notice that the mobile home transport company
2184	must claim the security within 60 days or the security will be
2185	released to the person who posted it. At the conclusion of the
2186	60 days, the department shall direct the clerk as to which party
2187	is entitled to payment of the security, less applicable clerk's
2188	fees.
2189	4.  A mobile home transport company's lien expires 5 years
2190	after filing.
2191	(d)  Upon discharge of the amount of the mobile home
2192	transport company's lien allowed under paragraph (b), the mobile
2193	home transport company must issue a certificate of discharged
2194	lien on a form provided by the department to each registered
2195	owner of the mobile home, attesting that the amount of the
2196	mobile home transport company's lien allowed under paragraph (b)
2197	has been discharged. Upon presentation of the certificate of
2198	discharged lien by the registered owner, the department shall
2199	immediately remove the registered owner's name from the list of
2200	those persons who may not be issued a revalidation sticker under
2201	s. 320.03. Issuance of a certificate of discharged lien under
2202	this paragraph does not discharge the entire amount of the
2203	mobile home transport company's lien claimed under subsection
2204	(2), but certifies to the department only that the amount of the
2205	mobile home transport company's lien allowed under paragraph
2206	(b), for which the department will prevent issuance of a
2207	revalidation sticker, has been discharged.
2208	(e)  When a mobile home transport company files a notice of
2209	lien under this subsection, the department shall charge the
2210	mobile home transport company a fee of $2, which must be
2211	deposited into the General Revenue Fund. The tax collector who
2212	processes a notice of lien shall collect and retain a service
2213	charge of $2.50.
2214	(f)  The Department of Highway Safety and Motor Vehicles
2215	may adopt rules under ss. 120.536(1) and 120.54 to administer
2216	this subsection.
2217	Section 20.  Paragraph (a) of subsection (1) of section
2218	319.30, Florida Statutes, is amended to read:
2219	319.30  Definitions; dismantling, destruction, change of
2220	identity of motor vehicle or mobile home; salvage.--
2221	(1)  As used in this section, the term:
2222	(a)  "Certificate of destruction" means the certificate
2223	issued pursuant to s. 713.78(11) or s. 713.785(7)(a).
2224	Section 21.  Section 713.69, Florida Statutes, is amended
2225	to read:
2226	713.69  Unlawful to remove property upon which lien has
2227	accrued.--It is unlawful for any person to remove any property
2228	upon which a lien has accrued under the provisions of s. 713.68,
2229	s. 713.77, or s. 713.785 from any mobile home park, hotel,
2230	apartment house, roominghouse, lodginghouse, boardinghouse or
2231	tenement house without first making full payment to the person
2232	operating or conducting the same of all sums due and payable for
2233	such occupancy or without first having the written consent of
2234	such person so conducting or operating such place to so remove
2235	such property.  Any person violating the provisions of this
2236	section shall, if the property removed in violation hereof be of
2237	the value of $50 or less, be guilty of a misdemeanor of the
2238	second degree, punishable as provided in s. 775.082 or s.
2239	775.083; and if the property so removed should be of greater
2240	value than $50 then such person shall be guilty of a felony of
2241	the third degree, punishable as provided in s. 775.082, s.
2242	775.083, or s. 775.084.
2243	Section 22.  Effective January 1, 2005, section 715.07,
2244	Florida Statutes, is amended to read:
2245	715.07  Vehicles and vessels parked on real private
2246	property without permission; towing.--
2247	(1)  As used in this section, the term:
2248	(a)  "Property owner" means an owner or lessee of real
2249	property, or a person authorized by the owner or lessee, which
2250	person may be the designated representative of the condominium
2251	association if the real property is a condominium.
2252	(b)  "Vehicle" has the same meaning ascribed in s. 508.01
2253	means any mobile item which normally uses wheels, whether
2254	motorized or not.
2255	(c)  "Vessel" has the same meaning ascribed in s. 508.01.
2256	(d)  "Wrecker company" has the same meaning ascribed in s.
2257	508.01.
2258	(e)  "Wrecker operator" has the same meaning ascribed in s.
2259	508.01.
2260	(2)  A property owner The owner or lessee of real property,
2261	or any person authorized by the owner or lessee, which person
2262	may be the designated representative of the condominium
2263	association if the real property is a condominium, may cause a
2264	any vehicle or vessel parked on her or his such property without
2265	her or his permission to be removed by a wrecker company
2266	registered under chapter 508 person regularly engaged in the
2267	business of towing vehicles, without liability for the costs of
2268	removal, transportation, or storage or damages caused by the
2269	such removal, transportation, or storage, under any of the
2270	following circumstances:
2271	(a)  The towing or removal of any vehicle or vessel from
2272	real private property without the consent of the registered
2273	owner or other legally authorized person in control of that
2274	vehicle or vessel is subject to strict compliance with the
2275	following conditions and restrictions:
2276	1.a.  Any towed or removed vehicle or vessel must be stored
2277	at a storage facility site within a 10-mile radius 10 miles of
2278	the point of removal in any county of 500,000 population or
2279	more, and within a 15-mile radius 15 miles of the point of
2280	removal in any county of less than 500,000 population. The
2281	wrecker company's storage facility That site must be open for
2282	the purpose of redemption of vehicles and vessels on any day
2283	that the wrecker company person or firm towing the such vehicle
2284	or vessel is open for towing purposes, from 8 8:00 a.m. to 6
2285	6:00 p.m., and, when closed, must shall have prominently posted
2286	a sign indicating a telephone number where the operator of the
2287	storage facility site can be reached at all times.  Upon receipt
2288	of a telephoned request to open the storage facility site to
2289	redeem a vehicle or vessel, the operator shall return to the
2290	storage facility site within 1 hour or she or he is will be in
2291	violation of this section.
2292	b.  If a wrecker company no towing business providing such
2293	service is not located within the area of towing limitations set
2294	forth in sub-subparagraph a., the following limitations apply:
2295	any towed or removed vehicle or vessel must be stored at a
2296	storage facility site within a 20-mile radius 20 miles of the
2297	point of removal in any county of 500,000 population or more,
2298	and within a 30-mile radius 30 miles of the point of removal in
2299	any county of less than 500,000 population.
2300	2.  The wrecker company person or firm towing or removing
2301	the vehicle or vessel must shall, within 30 minutes after of
2302	completion of that such towing or removal, notify the municipal
2303	police department or, in an unincorporated area, the sheriff of
2304	that such towing or removal;, the location of the storage
2305	facility; site, the time the vehicle or vessel was towed or
2306	removed;, and the make, model, color, and license plate number
2307	of the vehicle or the make, model, color, and registration
2308	number of the vessel. The wrecker company must also and shall
2309	obtain the name of the person at that department to whom this
2310	such information is was reported and note that name on the trip
2311	record.
2312	3.  If the registered owner or other legally authorized
2313	person in control of the vehicle or vessel arrives at the scene
2314	before prior to removal or towing of the vehicle or vessel is
2315	towed or removed, the wrecker company must disconnect the
2316	vehicle or vessel shall be disconnected from the wrecker towing
2317	or removal apparatus, and must allow that person shall be
2318	allowed to remove the vehicle or vessel without interference
2319	upon the payment of a reasonable service fee of not more than
2320	one-half of the posted rate for those services such towing
2321	service as provided in subparagraph 6., for which a receipt
2322	shall be given, unless that person refuses to remove the vehicle
2323	or vessel that which is otherwise unlawfully parked or located.
2324	4.  A wrecker company, a wrecker operator, or another
2325	employee or agent of a wrecker company may not give a The rebate
2326	or pay payment of money or any other valuable consideration from
2327	the individual or firm towing or removing vehicles to the
2328	property owner owners or operators of the premises from which a
2329	vehicle or vessel is the vehicles are towed or removed, for the
2330	privilege of removing or towing the vehicle or vessel those
2331	vehicles, is prohibited. A property owner may not solicit a
2332	wrecker company, a wrecker operator, or another employee or
2333	agent of a wrecker company to give him or her a rebate or the
2334	payment of money or other valuable consideration for the
2335	privilege of removing or towing a vehicle from his or her
2336	premises.
2337	5.  Except for property appurtenant to and obviously a part
2338	of a single-family residence, and except for instances when
2339	notice is personally given to the owner or other legally
2340	authorized person in control of the vehicle or vessel that the
2341	area in which that vehicle or vessel is parked is reserved or
2342	otherwise unavailable for unauthorized vehicles or vessels and
2343	subject to being removed at the owner's or operator's expense,
2344	any property owner or lessee, or person authorized by the
2345	property owner or lessee, before prior to towing or removing any
2346	vehicle or vessel from real private property without the consent
2347	of the owner or other legally authorized person in control of
2348	that vehicle or vessel, must post a notice meeting the following
2349	requirements:
2350	a.  The notice must be prominently placed at each driveway
2351	access or curb cut allowing vehicular access to the property,
2352	within 5 feet from the public right-of-way line.  If there are
2353	no curbs or access barriers, the signs must be posted not less
2354	than one sign for each 25 feet of lot frontage.
2355	b.  The notice must clearly indicate, in not less than 2-
2356	inch high, light-reflective letters on a contrasting background,
2357	that unauthorized vehicles will be towed away at the owner's
2358	expense.  The words "tow-away zone" must be included on the sign
2359	in not less than 4-inch high letters.
2360	c.  The notice must also provide the name and current
2361	telephone number of the wrecker company person or firm towing or
2362	removing the vehicles, if the property owner, lessee, or person
2363	in control of the real property has a written contract with the
2364	wrecker towing company.
2365	d.  The sign structure containing the required notices must
2366	be permanently installed with the words "tow-away zone" not less
2367	than 3 feet and not more than 6 feet above ground level and must
2368	be continuously maintained on the property for not less than 24
2369	hours prior to the towing or removal of any vehicles.
2370	e.  The local government may require permitting and
2371	inspection of these signs prior to any towing or removal of
2372	vehicles being authorized.
2373	f.  A business with 20 or fewer parking spaces satisfies
2374	the notice requirements of this subparagraph by prominently
2375	displaying a sign stating "Reserved Parking for Customers Only
2376	Unauthorized Vehicles Will be Towed Away At the Owner's Expense"
2377	in not less than 4-inch high, light-reflective letters on a
2378	contrasting background.
2379	g.  A property owner towing or removing vessels from real
2380	property must post notice, consistent with the requirements in
2381	sub-subparagraphs a.-f. which apply to vehicles, that
2382	unauthorized vehicles or vessels will be towed away at the
2383	owner's expense.
2384
2385	A business owner or lessee may authorize the removal of a
2386	vehicle or vessel by a wrecker towing company registered under
2387	chapter 508 when the vehicle or vessel is parked in such a
2388	manner that restricts the normal operation of business; and if a
2389	vehicle or vessel parked on a public right-of-way obstructs
2390	access to a private driveway the owner, lessee, or agent may
2391	have the vehicle or vessel removed by a wrecker towing company
2392	registered under chapter 508 upon signing an order that the
2393	vehicle or vessel be removed without a posted tow-away zone
2394	sign.
2395	6.  Each wrecker company Any person or firm that tows or
2396	removes vehicles or vessels and proposes to require an owner,
2397	operator, or person in control of a vehicle or vessel to pay the
2398	costs of towing and storage prior to redemption of the vehicle
2399	or vessel must file and keep on record with the local law
2400	enforcement agency a complete copy of the current rates to be
2401	charged for those such services and post at the wrecker
2402	company's storage facility site an identical rate schedule and
2403	any written contracts with property owners, lessees, or persons
2404	in control of real property which authorize the wrecker company
2405	such person or firm to remove vehicles or vessels as provided in
2406	this section.
2407	7.  Each wrecker company Any person or firm towing or
2408	removing any vehicles or vessels from real private property
2409	without the consent of the owner or other legally authorized
2410	person in control of the vehicles must shall, on each wrecker
2411	any trucks, wreckers as defined in s. 320.01 s. 713.78(1)(c), or
2412	other vehicles used in the towing or removal, have the name,
2413	address, and telephone number of the wrecker company performing
2414	such service clearly printed in contrasting colors on the driver
2415	and passenger sides of the wrecker vehicle.  The name must shall
2416	be in at least 3-inch permanently affixed letters, and the
2417	address and telephone number must shall be in at least 1-inch
2418	permanently affixed letters.
2419	8.  Vehicle or vessel entry for the purpose of towing or
2420	removing the vehicle or vessel is shall be allowed with
2421	reasonable care by on the part of the wrecker company and the
2422	wrecker operators person or firm towing the vehicle or vessel
2423	for the wrecker company. A wrecker company, its wrecker
2424	operators, and other employees or agents of the wrecker company
2425	are not Such person or firm shall be liable for any damage
2426	occasioned to the vehicle or vessel if such entry to the vehicle
2427	or vessel is performed not in accordance with the standard of
2428	reasonable care.
2429	9.  When a vehicle or vessel is has been towed or removed
2430	under pursuant to this section, the wrecker company it must
2431	release the vehicle or vessel be released to its owner or
2432	custodian within one hour after requested. Any vehicle or vessel
2433	owner, custodian, or agent has shall have the right to inspect
2434	the vehicle or vessel before accepting its return. A wrecker
2435	company may not require any vehicle or vessel owner, custodian,
2436	or agent to, and no release the wrecker company or waiver of any
2437	kind which would release the person or firm towing the vehicle
2438	or vessel from liability for damages noted by the owner or other
2439	legally authorized person at the time of the redemption may be
2440	required from any vehicle owner, custodian, or agent as a
2441	condition of release of the vehicle or vessel to its owner. A
2442	wrecker company must give a person paying towing and storage
2443	charges under this section a detailed, signed receipt showing
2444	the legal name of the wrecker company or person towing or
2445	removing the vehicle must be given to the person paying towing
2446	or storage charges at the time of payment, whether requested or
2447	not.
2448	(b)  These requirements are shall be the minimum standards
2449	and do shall not preclude enactment of additional regulations by
2450	any municipality or county, including the regulation of right to
2451	regulate rates when vehicles or vessels are towed from real
2452	private property.
2453	(3)  This section does not apply to vehicles or vessels
2454	that are reasonably identifiable from markings as law
2455	enforcement, firefighting, rescue squad, ambulance, or other
2456	emergency vehicles or vessels which are marked as such or to
2457	property owned by any governmental entity.
2458	(4)  When a person improperly causes a vehicle or vessel to
2459	be removed, that such person is shall be liable to the owner or
2460	lessee of the vehicle or vessel for the cost of removal,
2461	transportation, and storage; any damages resulting from the
2462	removal, transportation, or storage of the vehicle or vessel;
2463	attorneys' fees; and court costs.
2464	(5)  Failure to make good-faith efforts to comply with the
2465	notice requirements in subparagraph (2)(a)5. precludes the
2466	imposition of any towing or storage charges against the vehicle
2467	or vessel.
2468	(6)(5)(a)  Any person who violates the provisions of
2469	subparagraph (2)(a)2. or subparagraph (2)(a)6. commits is guilty
2470	of a misdemeanor of the first degree, punishable as provided in
2471	s. 775.082 or s. 775.083.
2472	(b)  Any person who violates the provisions of subparagraph
2473	(2)(a)1., subparagraph (2)(a)3., subparagraph (2)(a)4.,
2474	subparagraph (2)(a)7., or subparagraph (2)(a)9. commits is
2475	guilty of a felony of the third degree, punishable as provided
2476	in s. 775.082, s. 775.083, or s. 775.084.
2477	Section 23.  Effective January 1, 2005, subsection (15) of
2478	section 1.01, Florida Statutes, is repealed.
2479	Section 24.  The sum of $687,000 is appropriated from the
2480	General Inspection Trust Fund to the Department of Agriculture
2481	and Consumer Services, and nine additional full-time-equivalent
2482	positions are authorized, for the purpose of implementing this
2483	act during the 2004-2005 fiscal year.
2484	Section 25.  Except as otherwise expressly provided in this
2485	act, this act shall take effect July 1, 2004.

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