HB 1673

CS

CHAMBER ACTION

1	The Committee on Agriculture 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; providing
121	criteria and procedures; requiring a mobile home transport
122	company to provide notice; providing for the filing of a
123	complaint by an owner or lienholder and release of the
124	mobile home; providing procedures for the sale of the
125	mobile home; requiring certain notice; limiting liability
126	of the transport company, the landlord and his or her
127	agent, and any subsequent purchaser; specifying
128	circumstances under which a mobile home transport company
129	must obtain a certificate of destruction; limiting
130	assignment of the certificate; requiring application to
131	the county tax collector; providing for fees and service
132	charges; authorizing the Department of Highway Safety and
133	Motor Vehicles to adopt rules; authorizing inspection of
134	records of transport companies; providing for issuing
135	certificates of destruction; providing for restricting
136	issuance of revalidation stickers; limiting amount of lien
137	for certain purposes; providing procedures for disputing a
138	lien; providing procedures for discharge of a lien;
139	providing for expiration of the lien; providing for the
140	posting and repayment of surety; providing for release of
141	personal property; providing for collection and
142	distribution of certain fees; providing penalties;
143	amending s. 319.30, F.S.; redefining the term "certificate
144	of destruction," to conform; amending s. 713.69, F.S.,
145	relating to circumstances in which it is unlawful to
146	remove property upon which a lien has accrued, to conform;
147	amending s. 715.07, F.S., relating to the towing of
148	vehicles and vessels parked on real property without
149	permission; providing definitions; providing for the
150	towing and removal of vehicles and vessels under certain
151	circumstances; conforming provisions to changes made by
152	the act; providing requirements for towing and storage;
153	prohibiting a property owner from soliciting a wrecker
154	company for a rebate for the privilege of removing
155	vehicles from the owner's property; providing immunity
156	from liability for a wrecker company, its operators, and
157	other employees or agents if services are performed with
158	reasonable care; providing that failure to comply with
159	notice requirements precludes a wrecker company from
160	imposing certain towing or storage charges; providing
161	penalties; repealing s. 1.01(15), F.S., relating to the
162	definition of the term "wrecker operator"; providing an
163	appropriation and authorizing additional positions;
164	providing effective dates.
165
166	Be It Enacted by the Legislature of the State of Florida:
167
168	Section 1.  Effective January 1, 2005, paragraph (b) of
169	subsection (8) of section 120.80, Florida Statutes, is amended
170	to read:
171	120.80  Exceptions and special requirements; agencies.--
172	(8)  DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES.--
173	(b)  Wrecker companies operators.--Notwithstanding s.
174	120.57(1)(a), hearings held by the Division of the Florida
175	Highway Patrol of the Department of Highway Safety and Motor
176	Vehicles to deny, suspend, or remove a wrecker company operator
177	from participating in the wrecker allocation rotation system
178	established under by s. 321.051 need not be conducted by an
179	administrative law judge assigned by the division. These
180	hearings shall be held by a hearing officer appointed by the
181	director of the Division of the Florida Highway Patrol.
182	Section 2.  Effective January 1, 2005, section 205.1975,
183	Florida Statutes, is created to read:
184	205.1975  Wrecker companies; consumer protection.--A county
185	or municipality may not issue or renew an occupational license
186	for the operation of a wrecker company under chapter 508 unless
187	the wrecker company exhibits a current registration from the
188	Department of Agriculture and Consumer Services.
189	Section 3.  Subsection (3) of section 316.530, Florida
190	Statutes, is amended to read:
191	316.530  Towing requirements.--
192	(3)  Whenever a motor vehicle becomes disabled upon the
193	highways of this state and a wrecker or tow truck is required to
194	remove it to a repair shop or other appropriate location, if the
195	combined weights of those two vehicles and the loads thereon
196	exceed the maximum allowable weights as established by s.
197	316.535, no penalty shall be assessed either vehicle or driver.
198	However, this exception shall not apply to the load limits for
199	bridges and culverts established by the department as provided
200	in s. 316.555.
201	Section 4.  For the purpose of incorporating the amendment
202	made by this act to section 320.01, Florida Statutes, in
203	references thereto, subsection (4) of section 316.550, Florida
204	Statutes, is reenacted to read:
205	316.550  Operations not in conformity with law; special
206	permits.--
207	(4)(a)  The Department of Transportation may issue a
208	wrecker special blanket permit to authorize a wrecker as defined
209	in s. 320.01(40) to tow a disabled vehicle as defined in s.
210	320.01(38) where the combination of the wrecker and the disabled
211	vehicle being towed exceeds the maximum weight limits as
212	established by s. 316.535.
213	(b)  The Department of Transportation must supply the
214	permitted wrecker with a map showing the routes on which the
215	wrecker may safely tow disabled vehicles for all special permit
216	classifications for which the wrecker applies.
217	Section 5.  Subsection (1) of section 316.605, Florida
218	Statutes, is amended to read:
219	316.605  Licensing of vehicles.--
220	(1)  Every vehicle, at all times while driven, stopped, or
221	parked upon any highways, roads, or streets of this state, shall
222	be licensed in the name of the owner thereof in accordance with
223	the laws of this state unless such vehicle is not required by
224	the laws of this state to be licensed in this state and shall,
225	except as otherwise provided in s. 320.0706 for front-end
226	registration license plates on truck tractors or wreckers,
227	display the license plate or both of the license plates assigned
228	to it by the state, one on the rear and, if two, the other on
229	the front of the vehicle, each to be securely fastened to the
230	vehicle outside the main body of the vehicle in such manner as
231	to prevent the plates from swinging, with all letters, numerals,
232	printing, writing, and other identification marks upon the
233	plates clear and distinct and free from defacement, mutilation,
234	grease, and other obscuring matter, so that they will be plainly
235	visible and legible at all times 100 feet from the rear or
236	front. In addition, if only one registration plate is issued for
237	a motor vehicle that is equipped with a mechanical loading
238	device that may damage the plate, the plate may be attached to
239	the front of the vehicle. Nothing shall be placed upon the face
240	of a Florida plate except as permitted by law or by rule or
241	regulation of a governmental agency. No license plates other
242	than those furnished by the state shall be used.  However, if
243	the vehicle is not required to be licensed in this state, the
244	license plates on such vehicle issued by another state, by a
245	territory, possession, or district of the United States, or by a
246	foreign country, substantially complying with the provisions
247	hereof, shall be considered as complying with this chapter. A
248	government license plate that is issued to a truck tractor or
249	heavy truck having a gross vehicle weight of 26,001 pounds or
250	more which is owned by a governmental entity may be placed on
251	the front of the vehicle and is in compliance with this chapter.
252	A violation of this subsection is a noncriminal traffic
253	infraction, punishable as a nonmoving violation as provided in
254	chapter 318.
255	Section 6.  Subsection (40) of section 320.01, Florida
256	Statutes, is amended to read:
257	320.01  Definitions, general.--As used in the Florida
258	Statutes, except as otherwise provided, the term:
259	(40)  "Wrecker" means a tow truck or other any motor
260	vehicle that is used to tow, carry, or otherwise transport motor
261	vehicles or vessels upon the streets and highways of this state
262	and that is equipped for that purpose with a boom, winch, car
263	carrier, or other similar equipment.
264	Section 7.  Effective January 1, 2005, subsection (8) of
265	section 320.03, Florida Statutes, is amended to read:
266	320.03  Registration; duties of tax collectors;
267	International Registration Plan.--
268	(8)  If the applicant's name appears on the list referred
269	to in s. 316.1001(4), s. 316.1967(6), or s. 713.78(13), a
270	license plate or revalidation sticker may not be issued until
271	that person's name no longer appears on the list or until the
272	person presents a receipt from the clerk showing that the fines
273	outstanding have been paid. The tax collector and the clerk of
274	the court are each entitled to receive monthly, as costs for
275	implementing and administering this subsection, 10 percent of
276	the civil penalties and fines recovered from such persons. As
277	used in this subsection, the term "civil penalties and fines"
278	does not include a wrecker company's operator's lien as
279	described in s. 713.78(13). If the tax collector has private tag
280	agents, such tag agents are entitled to receive a pro rata share
281	of the amount paid to the tax collector, based upon the
282	percentage of license plates and revalidation stickers issued by
283	the tag agent compared to the total issued within the county.
284	The authority of any private agent to issue license plates shall
285	be revoked, after notice and a hearing as provided in chapter
286	120, if he or she issues any license plate or revalidation
287	sticker contrary to the provisions of this subsection. This
288	section applies only to the annual renewal in the owner's birth
289	month of a motor vehicle registration and does not apply to the
290	transfer of a registration of a motor vehicle sold by a motor
291	vehicle dealer licensed under this chapter, except for the
292	transfer of registrations which is inclusive of the annual
293	renewals. This section does not affect the issuance of the title
294	to a motor vehicle, notwithstanding s. 319.23(7)(b).
295	Section 8.  Section 320.0706, Florida Statutes, is amended
296	to read:
297	320.0706  Display of license plates on trucks.--The owner
298	of any commercial truck of gross vehicle weight of 26,001 pounds
299	or more shall display the registration license plate on both the
300	front and rear of the truck in conformance with all the
301	requirements of s. 316.605 that do not conflict with this
302	section.  However, the owner of a truck tractor or a wrecker
303	must shall be required to display the registration license plate
304	only on the front of such vehicle.
305	Section 9.  For the purpose of incorporating the amendment
306	made by this act to section 320.01, Florida Statutes, in
307	references thereto, paragraphs (d) and (e) of subsection (5) of
308	section 320.08, Florida Statutes, are reenacted to read:
309	320.08  License taxes.--Except as otherwise provided
310	herein, there are hereby levied and imposed annual license taxes
311	for the operation of motor vehicles, mopeds, motorized bicycles
312	as defined in s. 316.003(2), and mobile homes, as defined in s.
313	320.01, which shall be paid to and collected by the department
314	or its agent upon the registration or renewal of registration of
315	the following:
316	(5)  SEMITRAILERS, FEES ACCORDING TO GROSS VEHICLE WEIGHT;
317	SCHOOL BUSES; SPECIAL PURPOSE VEHICLES.--
318	(d)  A wrecker, as defined in s. 320.01(40), which is used
319	to tow a vessel as defined in s. 327.02(36), a disabled,
320	abandoned, stolen-recovered, or impounded motor vehicle as
321	defined in s. 320.01(38), or a replacement motor vehicle as
322	defined in s. 320.01(39): $30 flat.
323	(e)  A wrecker, as defined in s. 320.01(40), which is used
324	to tow any motor vehicle, regardless of whether or not such
325	motor vehicle is a disabled motor vehicle as defined in s.
326	320.01(38), a replacement motor vehicle as defined in s.
327	320.01(39), a vessel as defined in s. 327.02(36), or any other
328	cargo, as follows:
329	1.  Gross vehicle weight of 10,000 pounds or more, but less
330	than 15,000 pounds:  $87 flat.
331	2.  Gross vehicle weight of 15,000 pounds or more, but less
332	than 20,000 pounds:  $131 flat.
333	3.  Gross vehicle weight of 20,000 pounds or more, but less
334	than 26,000 pounds:  $186 flat.
335	4.  Gross vehicle weight of 26,000 pounds or more, but less
336	than 35,000 pounds:  $240 flat.
337	5.  Gross vehicle weight of 35,000 pounds or more, but less
338	than 44,000 pounds:  $300 flat.
339	6.  Gross vehicle weight of 44,000 pounds or more, but less
340	than 55,000 pounds:  $572 flat.
341	7.  Gross vehicle weight of 55,000 pounds or more, but less
342	than 62,000 pounds:  $678 flat.
343	8.  Gross vehicle weight of 62,000 pounds or more, but less
344	than 72,000 pounds:  $800 flat.
345	9.  Gross vehicle weight of 72,000 pounds or more:  $979
346	flat.
347	Section 10.  Subsection (1) of section 320.0821, Florida
348	Statutes, is amended, and subsection (5) is added to that
349	section, to read:
350	320.0821  Wrecker license plates.--
351	(1)  The department shall issue one a wrecker license
352	plate, regardless of gross vehicle weight, to the owner of any
353	motor vehicle that is used to tow, carry, or otherwise transport
354	motor vehicles and that is equipped for that purpose with a
355	boom, winch, carrier, or other similar equipment, except a motor
356	vehicle registered under the International Registration Plan,
357	upon application and payment of the appropriate license tax and
358	fees in accordance with s. 320.08(5)(d) or (e).
359	(5)  A wrecker license plate must be displayed on the front
360	of such vehicle.
361	Section 11.  Effective January 1, 2005, subsection (1) of
362	section 320.0821, Florida Statutes, as amended by this act, is
363	amended to read:
364	320.0821  Wrecker license plates.--
365	(1)  The department shall issue one wrecker license plate,
366	regardless of gross vehicle weight, to the owner of a wrecker
367	any motor vehicle that is used to tow, carry, or otherwise
368	transport motor vehicles and that is equipped for that purpose
369	with a boom, winch, carrier, or other similar equipment, except
370	a motor vehicle registered under the International Registration
371	Plan, upon application and payment of the appropriate license
372	tax and fees in accordance with s. 320.08(5)(d) or (e). However,
373	the department may issue or renew a wrecker license plate only
374	if the owner of the wrecker is a wrecker company registered
375	under chapter 508. This section does not apply to a motor
376	vehicle registered under the International Registration Plan.
377	Section 12.  Paragraph (a) of subsection (1) of section
378	320.13, Florida Statutes, is amended to read:
379	320.13  Dealer and manufacturer license plates and
380	alternative method of registration.--
381	(1)(a)  Any licensed motor vehicle dealer and any licensed
382	mobile home dealer may, upon payment of the license tax imposed
383	by s. 320.08(12), secure one or more dealer license plates,
384	which are valid for use on motor vehicles or mobile homes owned
385	by the dealer to whom such plates are issued while the motor
386	vehicles are in inventory and for sale, or while being operated
387	in connection with such dealer's business, but are not valid for
388	use for hire. Dealer license plates may not be used on any tow
389	truck or wrecker as defined in s. 320.01 unless the tow truck or
390	wrecker is being demonstrated for sale, and the dealer license
391	plates may not be used on a vehicle used to transport another
392	motor vehicle for the motor vehicle dealer.
393	Section 13.  Effective January 1, 2005, section 321.051,
394	Florida Statutes, is amended to read:
395	(Substantial rewording of section. See
396	s. 321.051, F.S., for present text.)
397	321.051  Florida Highway Patrol wrecker allocation system;
398	penalties for operation outside of system.--
399	(1)  As used in this section, the term:
400	(a)  "Authorized wrecker company" means a wrecker company
401	designated by the division as part of its wrecker allocation
402	system.
403	(b)  "Division" means the Division of the Florida Highway
404	Patrol within the Department of Highway Safety and Motor
405	Vehicles.
406	(c)  "Unauthorized wrecker company" means a wrecker company
407	not designated by the division as part of its wrecker allocation
408	system.
409	(d)  "Wrecker company" has the same meaning ascribed in s.
410	508.01.
411	(e)  "Wrecker operator" has the same meaning ascribed in s.
412	508.01.
413	(f)  "Wrecker services" has the same meaning ascribed in s.
414	508.01.
415	(2)(a)  The division may establish within areas designated
416	by the division a wrecker allocation system, using qualified,
417	reputable wrecker companies, for the removal from crash scenes
418	and the storage of wrecked or disabled vehicles when the owner
419	or operator is incapacitated, unavailable, or leaves the
420	procurement of wrecker services to the officer at the scene and
421	for the removal and storage of abandoned vehicles.
422	(b)  The wrecker allocation system may use only wrecker
423	companies registered under chapter 508. Each reputable wrecker
424	company registered under chapter 508 is eligible for use in the
425	system if its equipment and wrecker operators meet the
426	recognized safety qualifications and mechanical standards set by
427	the division's rules for the size of vehicle they are designed
428	to handle. The division may limit the number of wrecker
429	companies participating in the wrecker allocation system.
430	(c)  The division may establish maximum rates for the
431	towing and storage of vehicles removed at the division's request
432	if those rates are not established by a county or municipality
433	under s. 125.0103 or s. 166.043. These rates are not rules for
434	the purpose of chapter 120; however, the Department of Highway
435	Safety and Motor Vehicles shall adopt rules prescribing the
436	procedures for setting these rates.
437	(d)  Notwithstanding chapter 120, a final order of the
438	department denying, suspending, or revoking a wrecker company's
439	participation in the wrecker allocation system may be appealed
440	only in the manner and within the time provided by the Florida
441	Rules of Appellate Procedure by a writ of certiorari issued by
442	the circuit court in the county in which the wrecker company's
443	primary place of business is located, as evidenced by the
444	wrecker company's registration under chapter 508.
445	(3)(a)  An unauthorized wrecker company, its wrecker
446	operators, or its other employees or agents may not monitor a
447	police radio for communications between patrol field units and
448	the dispatcher in order to determine the location of a wrecked
449	or disabled vehicle for the purpose of dispatching its wrecker
450	operator to drive by the scene of the vehicle in a manner
451	described in paragraph (b) or paragraph (c). Any person who
452	violates this paragraph commits a noncriminal violation,
453	punishable as provided in s. 775.083.
454	(b)  A wrecker operator dispatched by an unauthorized
455	wrecker company may not drive by the scene of a wrecked or
456	disabled vehicle before the arrival of the wrecker operator
457	dispatched by the authorized wrecker company, initiate contact
458	with the owner or operator of the vehicle by soliciting or
459	offering wrecker services, or tow the vehicle. Any person who
460	violates this paragraph commits a misdemeanor of the second
461	degree, punishable as provided in s. 775.082 or s. 775.083.
462	(c)  When a wrecker operator dispatched by an unauthorized
463	wrecker company drives by the scene of a wrecked or disabled
464	vehicle and the owner or operator initiates contact by signaling
465	the wrecker operator to stop and provide wrecker services, the
466	wrecker operator must disclose to the owner or operator of the
467	vehicle that he or she was not dispatched by the authorized
468	wrecker company designated as part of the wrecker allocation
469	system and must disclose, in writing, what charges for towing
470	and storage will apply before the vehicle is connected to the
471	towing apparatus. Any person who violates this paragraph commits
472	a misdemeanor of the second degree, punishable as provided in s.
473	775.082 or s. 775.083.
474	(d)  A wrecker operator may not falsely identify himself or
475	herself as being part of, or as being employed by a wrecker
476	company that is part of, the wrecker allocation system at the
477	scene of a wrecked or disabled vehicle. Any person who violates
478	this paragraph commits a misdemeanor of the first degree,
479	punishable as provided in s. 775.082 or s. 775.083.
480	(4)  This section does not prohibit, or in any way prevent,
481	the owner or operator of a vehicle involved in a crash or
482	otherwise disabled from contacting any wrecker company for the
483	provision of wrecker services, regardless of whether the wrecker
484	company is an authorized wrecker company or not. However, if a
485	law enforcement officer determines that the disabled vehicle or
486	vehicle cargo is a public safety hazard, the officer may, in the
487	interest of public safety, dispatch an authorized wrecker
488	company if the officer believes that the authorized wrecker
489	company would arrive at the scene before the wrecker company
490	requested by the owner or operator of the disabled vehicle or
491	vehicle cargo.
492	(5)  A law enforcement officer may dispatch an authorized
493	wrecker company out of rotation to the scene of a wrecked or
494	disabled vehicle if the authorized wrecker company next on
495	rotation is not equipped to provide the required wrecker
496	services and the out-of-rotation authorized wrecker company is
497	available with the required equipment. However, this subsection
498	does not prohibit or prevent the owner or operator of a vehicle
499	involved in a crash or otherwise disabled from contacting any
500	wrecker company who is properly equipped to provide the required
501	wrecker services, regardless of whether the wrecker company is
502	an authorized wrecker company or not, unless the law enforcement
503	officer determines that the wrecked or disabled vehicle is a
504	public safety hazard and the officer believes that the
505	authorized wrecker company would arrive at the scene before the
506	wrecker company requested by the owner or operator.
507	Section 14.  Effective January 1, 2005, section 323.001,
508	Florida Statutes, is amended to read:
509	(Substantial rewording of section. See
510	s. 323.001, F.S., for present text.)
511	323.001  Wrecker company storage facilities; vehicle
512	holds.--
513	(1)  As used in this section, the term:
514	(a)  "Business day" means a day other than a Saturday,
515	Sunday, or federal or state legal holiday.
516	(b)  "Wrecker company" has the same meaning ascribed in s.
517	508.01.
518	(2)  A law enforcement agency may place a hold on a motor
519	vehicle stored within a wrecker company's storage facility for 5
520	business days, thereby preventing a motor vehicle from being
521	released to its owner.
522	(3)  To extend a hold, the law enforcement agency must
523	notify the wrecker company in writing within the 5 business
524	days. If notification is not made within the 5 business days,
525	the wrecker company must release the vehicle to the designated
526	person under s. 713.78.
527	(a)  If the hold is extended beyond the 5 business days,
528	the law enforcement agency may have the vehicle removed to a
529	designated impound lot, in which event the vehicle may not be
530	released by the law enforcement agency to the owner or
531	lienholder of the vehicle until proof of payment of the towing
532	and storage charges incurred by the wrecker company is presented
533	to the law enforcement agency.
534	(b)  If the law enforcement agency chooses to have the
535	vehicle remain at the wrecker company's storage facility for
536	more than 5 business days under the written notification, the
537	law enforcement agency is responsible for paying the storage
538	charges incurred by the wrecker company for the requested
539	extended period. In such an event, the owner or lienholder is
540	responsible for paying the accrued towing and storage charges
541	for the first 5 business days, or any period less than the first
542	5 business days, if the law enforcement agency moves the vehicle
543	from the wrecker company's storage facility to a designated
544	impound lot or provides written notification to extend the hold
545	on the vehicle before the expiration of the 5 business days.
546	(c)  The towing and storage rates for the owner or
547	lienholder of the held vehicle may not exceed the rates for the
548	law enforcement agency.
549	(4)  If there is a judicial finding of no probable cause
550	for having continued the immobilization or impoundment, the law
551	enforcement agency ordering the hold must pay the accrued
552	charges for any towing and storage.
553	(5)  The requirements for a written hold apply when the
554	following conditions are present:
555	(a)  The law enforcement officer has probable cause to
556	believe that the vehicle should be seized and forfeited under
557	the Florida Contraband Forfeiture Act, ss. 932.701-932.707;
558	(b)  The law enforcement officer has probable cause to
559	believe that the vehicle should be seized and forfeited under
560	chapter 370 or chapter 372;
561	(c)  The law enforcement officer has probable cause to
562	believe that the vehicle was used as the means of committing a
563	crime;
564	(d)  The law enforcement officer has probable cause to
565	believe that the vehicle is itself evidence that tends to show
566	that a crime has been committed or that the vehicle contains
567	evidence, which cannot readily be removed, which tends to show
568	that a crime has been committed;
569	(e)  The law enforcement officer has probable cause to
570	believe that the vehicle was involved in a traffic accident
571	resulting in death or personal injury and should be sealed for
572	investigation and collection of evidence by a vehicular homicide
573	investigator;
574	(f)  The vehicle is impounded or immobilized under s.
575	316.193 or s. 322.34; or
576	(g)  The law enforcement officer is complying with a court
577	order.
578	(6)  The hold must be in writing and must specify:
579	(a)  The name and agency of the law enforcement officer
580	placing the hold on the vehicle;
581	(b)  The date and time the hold is placed on the vehicle;
582	(c)  A general description of the vehicle, including its
583	color, make, model, body style, and year; VIN (Vehicle
584	Identification Number); registration license plate number,
585	state, and year; and validation sticker number, state, and year;
586	(d)  The specific reason for placing the hold;
587	(e)  The condition of the vehicle;
588	(f)  The location where the vehicle is being held; and
589	(g)  The name, address, and telephone number of the wrecker
590	company and the storage facility.
591	(7)  A wrecker company's storage facility must comply with
592	a hold placed by a law enforcement officer, including
593	instructions for inside or outside storage. A wrecker company's
594	storage facility may not release a motor vehicle subject to a
595	hold to any person except as directed by the law enforcement
596	agency placing the hold.
597	(8)  When a vehicle owner is found guilty of, or pleads
598	nolo contendere to, the offense that resulted in a hold being
599	placed on his or her vehicle, regardless of the adjudication of
600	guilt, the owner must pay the accrued towing and storage charges
601	assessed against the vehicle.
602	Section 15.  Effective January 1, 2005, section 323.002,
603	Florida Statutes, is amended to read:
604	(Substantial rewording of section. See
605	s. 323.002, F.S., for present text.)
606	323.002  County and municipal wrecker allocation systems;
607	penalties for operation outside of system.--
608	(1)  As used in this section, the term:
609	(a)  "Authorized wrecker company" means a wrecker company
610	designated as part of the wrecker allocation system established
611	by the governmental unit having jurisdiction over the scene of a
612	wrecked or disabled vehicle.
613	(b)  "Unauthorized wrecker company" means a wrecker company
614	not designated as part of the wrecker allocation system
615	established by the governmental unit having jurisdiction over
616	the scene of a wrecked or disabled vehicle.
617	(c)  "Wrecker allocation system" means a system for the
618	towing or removal of wrecked, disabled, or abandoned vehicles,
619	similar to the Florida Highway Patrol wrecker allocation system
620	described in s. 321.051(2), under which a county or municipality
621	contracts with one or more wrecker companies registered under
622	chapter 508 for the towing or removal of wrecked, disabled, or
623	abandoned vehicles from accident scenes, streets, or highways.
624	Each wrecker allocation system must use a method for
625	apportioning the towing assignments among the eligible wrecker
626	companies through the creation of geographic zones, a rotation
627	schedule, or a combination of these methods.
628	(d)  "Wrecker company" has the same meaning ascribed in s.
629	508.01.
630	(e)  "Wrecker operator" has the same meaning ascribed in s.
631	508.01.
632	(f)  "Wrecker services" has the same meaning ascribed in s.
633	508.01.
634	(2)  In a county or municipality that operates a wrecker
635	allocation system:
636	(a)  The wrecker allocation system may only use wrecker
637	companies registered under chapter 508.
638	(b)  An unauthorized wrecker company, its wrecker
639	operators, or its other employees or agents may not monitor a
640	police radio for communications between patrol field units and
641	the dispatcher in order to determine the location of a wrecked
642	or disabled vehicle for the purpose of dispatching its wrecker
643	operator to drive by the scene of the vehicle in a manner
644	described in paragraph (b) or paragraph (c). Any person who
645	violates this paragraph commits a noncriminal violation,
646	punishable as provided in s. 775.083.
647	(c)  A wrecker operator dispatched by an unauthorized
648	wrecker company may not drive by the scene of a wrecked or
649	disabled vehicle before the arrival of the wrecker operator
650	dispatched by the authorized wrecker company, initiate contact
651	with the owner or operator of the vehicle by soliciting or
652	offering wrecker services, or tow the vehicle. Any person who
653	violates this paragraph commits a misdemeanor of the second
654	degree, punishable as provided in s. 775.082 or s. 775.083.
655	(d)  When a wrecker operator dispatched by an unauthorized
656	wrecker company drives by the scene of a wrecked or disabled
657	vehicle and the owner or operator initiates contact by signaling
658	the wrecker operator to stop and provide wrecker services, the
659	wrecker operator must disclose to the owner or operator of the
660	vehicle that he or she was not dispatched by the authorized
661	wrecker company designated as part of the wrecker allocation
662	system and must disclose, in writing, what charges for towing
663	and storage will apply before the vehicle is connected to the
664	towing apparatus. Any person who violates this paragraph commits
665	a misdemeanor of the second degree, punishable as provided in s.
666	775.082 or s. 775.083.
667	(e)  A wrecker operator may not falsely identify himself or
668	herself as being part of, or as being employed by a wrecker
669	company that is part of, the wrecker allocation system at the
670	scene of a wrecked or disabled vehicle. Any person who violates
671	this paragraph commits a misdemeanor of the first degree,
672	punishable as provided in s. 775.082 or s. 775.083.
673	(3)  This section does not prohibit, or in any way prevent,
674	the owner or operator of a vehicle involved in a crash or
675	otherwise disabled from contacting any wrecker company for the
676	provision of wrecker services, regardless of whether the wrecker
677	company is an authorized wrecker company or not. However, if a
678	law enforcement officer determines that the disabled vehicle or
679	vehicle cargo is a public safety hazard, the officer may, in the
680	interest of public safety, dispatch an authorized wrecker
681	company if the officer believes that the authorized wrecker
682	company would arrive at the scene before the wrecker company
683	requested by the owner or operator of the disabled vehicle or
684	vehicle cargo.
685	(4)  A law enforcement officer may dispatch an authorized
686	wrecker company out of rotation to the scene of a wrecked or
687	disabled vehicle if the authorized wrecker company next on
688	rotation is not equipped to provide the required wrecker
689	services and the out-of-rotation authorized wrecker company is
690	available with the required equipment. However, this subsection
691	does not prohibit or prevent the owner or operator of a vehicle
692	involved in a crash or otherwise disabled from contacting any
693	wrecker company that is properly equipped to provide the
694	required wrecker services, regardless of whether the wrecker
695	company is an authorized wrecker company or not, unless the law
696	enforcement officer determines that the wrecked or disabled
697	vehicle is a public safety hazard and the officer believes that
698	the authorized wrecker company would arrive at the scene before
699	the wrecker company requested by the owner or operator.
700	Section 16.  Chapter 508, Florida Statutes, consisting of
701	sections 508.01, 508.02, 508.03, 508.04, 508.05, 508.06,
702	508.061, 508.07, 508.08, 508.09, 508.10, 508.11, 508.12, 508.13,
703	508.14, 508.15, 508.16, 508.17, 508.18, 508.19, and 508.20,
704	Florida Statutes, is created to read:
705	CHAPTER 508
706	WRECKER SERVICES
707	508.01  Definitions.--As used in this chapter, the term:
708	(1)  "Business entity" means any form of corporation,
709	limited liability company, partnership, association,
710	cooperative, joint venture, business trust, sole proprietorship,
711	or self-employed person conducting business in this state.
712	(2)  "Council" means the Wrecker Operator Advisory Council.
713	(3)  "Department" means the Department of Agriculture and
714	Consumer Services.
715	(4)  "Specialized wrecker services" means those wrecker
716	services described in s. 508.08 for which a wrecker operator
717	must have an endorsement to perform those services.
718	(5)  "Ultimate equitable owner" means a natural person who,
719	directly or indirectly, owns or controls 10 percent or more of
720	an ownership interest in a wrecker company, regardless of
721	whether the natural person owns or controls the ownership
722	interest through one or more natural persons or one or more
723	proxies, powers of attorney, nominees, business entities, or any
724	combination thereof.
725	(6)  "Vehicle" means any vehicle of a type that may be
726	registered under chapter 320 for operation on the roads of this
727	state, regardless of whether the vehicle is actually registered.
728	The term does not include a mobile home or manufactured home as
729	defined in s. 320.01.
730	(7)  "Vessel" means every description of watercraft, barge,
731	and air boat used or capable of being used as a means of
732	transportation on water, other than a seaplane or a "documented
733	vessel" as defined in s. 327.02.
734	(8)  "Wrecker" has the same meaning ascribed in s. 320.01.
735	(9)  "Wrecker company" means a business entity engaged for
736	hire in the business of towing, carrying, or transporting
737	vehicles or vessels by wrecker upon the streets and highways of
738	this state. The term does not include a person regularly engaged
739	in the business of transporting mobile homes.
740	(10)  "Wrecker operator" means a person who performs
741	wrecker services.
742	(11)  "Wrecker services" means towing, carrying, or
743	otherwise transporting vehicles or vessels by wrecker upon the
744	streets and highways of this state for hire. The term includes,
745	but is not limited to, each of the following:
746	(a)  Driving a wrecker.
747	(b)  Loading, securing, and unloading a vehicle or vessel
748	on a wrecker using a boom, winch, car carrier, or other similar
749	equipment.
750	(c)  Towing or removal of a wrecked, disabled, or abandoned
751	vehicle under the Florida Highway Patrol wrecker allocation
752	system pursuant to s. 321.051 or under a county or municipal
753	wrecker allocation system pursuant to s. 323.002.
754	(d)  Towing, recovery, or removal of a vehicle or vessel
755	under s. 713.78.
756	(e)  Towing, transportation, or removal of a vehicle or
757	vessel parked on real property without permission under s.
758	715.07.
759	(f)  Recovery of a vehicle or vessel.
760	508.02  Wrecker Operator Advisory Council.--
761	(1)  The Wrecker Operator Advisory Council is created
762	within the department. The council shall advise and assist the
763	department in administering this chapter.
764	(2)(a)  The council shall be composed of six members
765	appointed by the Commissioner of Agriculture. In addition, the
766	executive director of the Professional Wrecker Operators of
767	Florida, Inc., shall serve ex officio as a voting member of the
768	council.
769	(b)  Three members of the council must each be an ultimate
770	equitable owner of a wrecker company who has been an ultimate
771	equitable owner of that company for at least 5 years before his
772	or her appointment; one member must be a wrecker operator who is
773	not an ultimate equitable owner of a wrecker company and who has
774	been a wrecker operator for at least 5 years before his or her
775	appointment; and two members must be laypersons. Each member
776	must be a resident of this state. This paragraph expires July 1,
777	2010.
778	(c)  Effective July 1, 2010, three members of the council
779	must each be an ultimate equitable owner of a wrecker company
780	registered under this chapter who has been an ultimate equitable
781	owner of that company registered for at least 5 years before his
782	or her appointment; one member must be a wrecker operator
783	certified under this chapter who is not an ultimate equitable
784	owner of a wrecker company and who has been a wrecker operator
785	certified for at least 5 years before his or her appointment;
786	and two members must be laypersons. Each member must be a
787	resident of this state.
788	(3)  The term of each member of the council is 4 years,
789	except, to establish staggered terms, two members who are owners
790	of wrecker companies and one layperson shall be appointed
791	initially for a 2-year term. Members may be reappointed for
792	additional terms not to exceed 8 years of consecutive service. A
793	vacancy shall be filled for the remainder of the unexpired term
794	in the same manner as the original appointment.
795	(4)(a)  From among its members, the council shall annually
796	elect a chair, who shall preside over the meetings of the
797	council, and a vice chair.
798	(b)  In conducting its meetings, the council shall use
799	accepted rules of procedure. The department shall keep a
800	complete record of each meeting which must show the names of
801	members present and the actions taken. These records and other
802	documents about matters within the jurisdiction of the council
803	must be kept on file with the department.
804	(5)  The members of the council shall serve without
805	compensation but are entitled to reimbursement of travel and per
806	diem expenses under s. 112.061.
807	(6)  The department shall provide administrative and staff
808	support services relating to the functions of the council.
809	(7)  The council shall review the rules adopted by the
810	department to administer this chapter and shall advise the
811	department on matters relating to industry standards and
812	practices and other issues that require technical expertise and
813	consultation or that promote better consumer protection in the
814	wrecker industry.
815	508.03  Rulemaking authority.--The department may adopt
816	rules under ss. 120.536(1) and 120.54 to administer this
817	chapter.
818	508.04  Wrecker companies; registration
819	required.--Effective January 1, 2005:
820	(1)  A person may not own, operate, solicit business,
821	advertise wrecker services, or otherwise engage for hire in the
822	business of a wrecker company in this state unless that person
823	is registered with the department under this chapter.
824	(2)  A person applying for or renewing a local occupational
825	license to engage for hire in the business of a wrecker company
826	must exhibit a current registration certificate from the
827	department before the local occupational license may be issued
828	or reissued under chapter 205.
829	(3)  This section does not apply to a motor vehicle repair
830	shop registered with the department under s. 559.904 which
831	derives at least 80 percent of its gross sales from motor
832	vehicle repairs, or to any franchised motor vehicle dealers
833	licensed pursuant to s. 320.27 when wrecker services are
834	incidental to the operation of the franchise.
835	508.05  Registration requirements; renewal of
836	registrations.--
837	(1)  Each wrecker company engaged or attempting to engage
838	for hire in the business of towing, carrying, or transporting
839	vehicles, vessels, or mobile homes by wrecker upon the streets
840	and highways of this state must annually register with the
841	department on forms prescribed by the department. The
842	application for registration must include at least the following
843	information:
844	(a)  The name and federal employer identification number of
845	the wrecker company.
846	(b)  The mailing address, physical address, and telephone
847	number of the wrecker company's primary place of business.
848	(c)  The fictitious name under which the wrecker company
849	transacts business in this state.
850	(d)  The full name, residence address, business address,
851	and telephone number of the applicant. If the applicant is other
852	than a natural person, the application must also contain the
853	full name, residence address, business address, telephone
854	number, and federal employer identification number, if
855	applicable, of each ultimate equitable owner of the business
856	entity and each officer, director, partner, manager, member, or
857	managing member of the entity.
858	(e)  If the applicant is other than a natural person, the
859	full name of the business entity's registered agent and the
860	address of the registered office for service of process.
861	(f)  The physical address and telephone number of each
862	business location and each storage facility where the wrecker
863	company stores towed vehicles, vessels, or mobile homes.
864	(2)  Each initial and renewal application for registration
865	must be accompanied by the registration fee prescribed in s.
866	508.16.
867	(3)  Each initial application for registration must be
868	accompanied by a complete set of the applicant's fingerprints
869	taken by a law enforcement agency. If the applicant is other
870	than a natural person, a complete set of fingerprints must also
871	be filed for each ultimate equitable owner of the business
872	entity and each officer, director, partner, manager, member, or
873	managing member of the entity. The department shall submit the
874	fingerprints to the Department of Law Enforcement for state
875	processing, and the Department of Law Enforcement shall forward
876	the fingerprints to the Federal Bureau of Investigation for
877	national processing. The applicant must also pay the Department
878	of Law Enforcement a fingerprint processing fee of $23 for state
879	processing, and an additional fee for federal processing, for
880	each applicant's name submitted. Registration renewal
881	applications need not be accompanied by a set of fingerprints
882	for an individual who previously submitted a set of fingerprints
883	to the department as part of a prior year's registration
884	application.
885	(4)  The department shall review each application in
886	accordance with s. 120.60 and shall issue a registration
887	certificate, in the form and size prescribed by the department,
888	to each wrecker company whose application is approved. The
889	certificate must show at least the name and address of the
890	wrecker company and the registration number. The registration
891	certificate must be prominently displayed in the wrecker
892	company's primary place of business.
893	(5)  Each advertisement of a wrecker company must include
894	the phrase "Fla. Wrecker Co. Reg. No.     ." For the purpose of
895	this subsection, the term "advertisement" means a printed or
896	graphic statement made in a newspaper or other publication or
897	contained in any notice, handbill, or sign, including signage on
898	a vehicle, flyer, catalog, or letter.
899	(6)  A registration is invalid for a wrecker company
900	transacting business at a place other than the location
901	designated in the registration application unless the department
902	is first notified in writing before the change of location. A
903	registration issued under this chapter is not transferable or
904	assignable, and a wrecker company may not conduct business under
905	a name other than as registered. A wrecker company desiring to
906	change its registered name, location, or registered agent for
907	service of process at a time other than upon renewal of
908	registration must notify the department of the change.
909	(7)(a)  Each registration must be renewed annually on or
910	before the expiration date of the current registration. A late
911	fee of $25 must be paid, in addition to the registration fee or
912	any other penalty, for a registration renewal application that
913	is received by the department after the expiration date of the
914	current registration. The department may not issue a
915	registration until all fees are paid.
916	(b)  A wrecker company whose primary place of business is
917	located within a county or municipality that requires, by local
918	ordinance, a local occupational license under chapter 205 may
919	not renew a license under this chapter unless the wrecker
920	company obtains the occupational license from the county or
921	municipality.
922	(8)  Each wrecker company must provide the department with
923	a certificate of insurance for the required insurance coverage
924	under s. 627.7415 before the department may issue the
925	registration certificate for an initial or renewal registration.
926	The department must be named as a certificateholder on the
927	insurance certificate and must be notified at least 30 days
928	before any change in insurance coverage.
929	(9)  The department shall notify the Department of Highway
930	Safety and Motor Vehicles when a registration issued under this
931	chapter has been suspended or revoked by order of the
932	department. Notification must be sent within 10 days after the
933	department issues the suspension or revocation order.
934	508.06  Denial of registration.--The department may deny,
935	revoke, or refuse to renew the registration of a wrecker company
936	based upon a determination that the applicant or, if the
937	applicant is other than a natural person, the wrecker company or
938	any of its ultimate equitable owners, officers, directors,
939	partners, managers, members, or managing members has:
940	(1)  Not met the requirements for registration under this
941	chapter;
942	(2)  Been convicted of, found guilty of, or pled guilty or
943	nolo contendere to, regardless of the adjudication of guilt, a
944	felony within the last 10 years;
945	(3)  Been convicted of, found guilty of, or pled guilty or
946	nolo contendere to, regardless of the adjudication of guilt, a
947	crime within the last 10 years involving repossession of a motor
948	vehicle under chapter 493; repair of a motor vehicle under ss.
949	559.901-559.9221; theft of a motor vehicle under s. 812.014;
950	carjacking under s. 812.133; operation of a chop shop under s.
951	812.16; failure to maintain records of motor vehicle parts and
952	accessories under s. 860.14; airbag theft or use of fake airbags
953	under s. 860.145 or s. 860.146; overcharging for repairs and
954	parts under s. 860.15; or a violation of towing or storage
955	requirements for a motor vehicle under s. 321.051, chapter 323,
956	s. 713.78, s. 715.07, or this chapter;
957	(4)  Not satisfied a civil fine or penalty arising out of
958	an administrative or enforcement action brought by the
959	department, another governmental agency, or a private person
960	based upon conduct involving a violation of this chapter;
961	(5)  Pending against him or her a criminal, administrative,
962	or enforcement proceeding in any jurisdiction based upon conduct
963	involving a violation of this chapter; or
964	(6)  Have a judgment entered against him or her in an
965	action brought by the department under this chapter.
966	508.061  Acceptable forms of payment.--A wrecker company
967	shall accept a minimum of two of the three following forms of
968	payment:
969	(1)  Cash, cashier's check, money order, or traveler's
970	check;
971	(2)  Valid personal check, showing upon its face the name
972	and address of the vehicle/vessel owner or authorized
973	representative; or
974	(3)  Valid credit card, which shall include, but not be
975	limited to, Visa or MasterCard.
976	508.07  Wrecker operator certification program.--
977	(1)  The department, in consultation with the council,
978	shall establish a wrecker operator certification program by
979	December 31, 2004. Under this program, the council shall approve
980	certification courses for wrecker operators conducted by
981	approved organizations. The council shall prescribe the minimum
982	curricula for these courses, which must comprise at least 16
983	hours, equally apportioned between theoretical instruction and
984	practical training. The council must approve each organization
985	and its certification course before the course is accepted for
986	certification of wrecker operators under this chapter.
987	(2)  Each approved wrecker operator certification course
988	must include a certification examination demonstrating a wrecker
989	operator's knowledge, skills, and abilities in performing
990	wrecker services and in the instruction and training of the
991	certification course. The council must approve each
992	certification examination before the examination is accepted for
993	certification of wrecker operators under this chapter.
994	(3)  Each organization conducting an approved wrecker
995	operator certification course must issue on forms prescribed by
996	the department a certificate to each wrecker operator who
997	completes the approved certification course or who passes the
998	approved certification examination.
999	508.08  Specialized wrecker services.--
1000	(1)  In addition to the minimum curricula for certification
1001	of wrecker operators, each approved certification course must
1002	offer optional instruction, training, and examination of wrecker
1003	operators for each of the following specialized wrecker
1004	services:
1005	(a)  Light duty.--Towing and winching a passenger vehicle,
1006	and uprighting such an overturned vehicle, including the proper
1007	use of chains, wire rope, and straps.
1008	(b)  Medium duty.--Towing and winching a medium-sized
1009	commercial vehicle, and uprighting such an overturned vehicle.
1010	(c)  Heavy duty.--Towing and winching a standard large-
1011	sized commercial vehicle, and uprighting such an overturned
1012	vehicle.
1013	(d)  Ultra-heavy duty.--Towing and winching a specialty
1014	large-sized commercial vehicle or another complex vehicle, and
1015	uprighting such an overturned vehicle.
1016	(e)  Rollback wrecker.--Proper loading, securing,
1017	transporting, and unloading of a vehicle on a flatbed-rollback
1018	wrecker.
1019	(f)  Hazardous materials.--Awareness of hazardous
1020	materials. Instruction and training for this wrecker service
1021	must comprise at least 8 hours in order to be approved.
1022	(g)  Air cushions.--Proper use of air cushions in the
1023	recovery of a heavy-duty vehicle.
1024	(2)  The department shall adopt rules prescribing specific
1025	standards to further define each of the specialized wrecker
1026	services described in subsection (1). The council must approve
1027	the instruction, training, and examination for a specialized
1028	wrecker service before the specialized wrecker service is
1029	accepted for endorsement of a wrecker operator's certification
1030	under this chapter.
1031	(3)  Each organization conducting an approved wrecker
1032	operator certification course must issue on forms prescribed by
1033	the department a certificate to each wrecker operator who
1034	completes the approved instruction and training for a
1035	specialized wrecker service or who passes the approved
1036	endorsement examination for that specialized wrecker service.
1037	508.09  Certification cards.--
1038	(1)  Each organization conducting an approved wrecker
1039	operator certification course must issue a certification card to
1040	each wrecker operator who completes the approved certification
1041	course and passes the approved certification examination. The
1042	department must approve the form of the certification cards
1043	issued by each organization. Each certification card must
1044	include the wrecker operator's name, a color photograph or
1045	digital image of the wrecker operator, and the expiration date
1046	of the certification card.
1047	(2)  Each certification card must also include the wrecker
1048	operator's applicable endorsements for specialized wrecker
1049	services, for which the wrecker operator completed the approved
1050	instruction and training for the specialized wrecker service and
1051	passed the approved endorsement examination for that specialized
1052	wrecker service.
1053	(3)  The department may adopt rules governing the issuance
1054	of a certification card to a wrecker operator who:
1055	(a)  Completes a certification course and passes a
1056	certification examination in another state which are
1057	substantially equivalent to the approved certification courses
1058	and approved certification examinations in this state.
1059	(b)  Completed a certification course and passed a
1060	certification examination in this state between January 1, 2000,
1061	and December 31, 2004, which are substantially equivalent to the
1062	approved certification courses and the approved certification
1063	examinations. This paragraph expires July 1, 2005.
1064	(c)  Completed instruction and training for a specialized
1065	wrecker service and passed an endorsement examination for that
1066	specialized wrecker service between January 1, 2000, and
1067	December 31, 2004, which are substantially equivalent to the
1068	approved instruction and training and the approved endorsement
1069	examinations. This paragraph expires July 1, 2005.
1070
1071	For the purposes of this subsection, the council shall approve
1072	each certification examination in another state, and shall
1073	approve the instruction, training, and examination for each
1074	specialized wrecker service in another state, which the council
1075	determines are substantially equivalent to the approved
1076	certification courses and approved certification examinations in
1077	this state or to the approved instruction, training, and
1078	endorsement examinations for a specialized wrecker service in
1079	this state.
1080	(4)  Each certification card expires 5 years after the date
1081	of issuance.
1082	(5)  Certification cards shall be issued by the
1083	organizations conducting approved wrecker operator certification
1084	courses. The department is not responsible for issuing
1085	certification cards or for the costs associated with the
1086	issuance of certification cards.
1087	508.10  Wrecker operators; certification required;
1088	inspection of employment records.--Effective January 1, 2005:
1089	(1)  A person may not perform wrecker services in this
1090	state unless he or she is an employee or ultimate equitable
1091	owner of a wrecker company that is registered with the
1092	department under this chapter and those wrecker services are
1093	performed on behalf of the wrecker company.
1094	(2)(a)  A person may not perform wrecker services or
1095	specialized wrecker services for a wrecker company for more than
1096	6 months after first being employed by, or becoming an ultimate
1097	equitable owner of, the wrecker company without being certified
1098	as a wrecker operator under this chapter.
1099	(b)  A wrecker operator certified under this chapter may
1100	not perform a specialized wrecker service for a wrecker company
1101	unless the wrecker operator's certification includes an
1102	endorsement for that specialized wrecker service.
1103	(3)(a)  Notwithstanding subsections (1) and (2), a person
1104	may perform wrecker services or specialized wrecker services in
1105	this state if he or she is an employee or ultimate equitable
1106	owner of a motor vehicle repair shop registered with the
1107	department under s. 559.904 and those wrecker services or
1108	specialized wrecker services are performed on behalf of the
1109	motor vehicle repair shop.
1110	(b)  Notwithstanding subsections (1) and (2), a person may
1111	perform wrecker services or specialized wrecker services in this
1112	state if those wrecker services or specialized wrecker services
1113	are performed on behalf of a religious organization that holds a
1114	current exemption from federal taxation or that is not required
1115	to apply for recognition of its exemption, under s. 501 of the
1116	Internal Revenue Code.
1117	(4)  The department may, at any time during business hours,
1118	enter any business location of a wrecker company and examine the
1119	company's books or records. If the department reasonable
1120	believes a violation of this chapter has occurred or is
1121	occurring, the department may subpoena any necessary books or
1122	records.
1123	508.11  Renewal of certification; continuing education
1124	requirements.--
1125	(1)  The department, in consultation with the council,
1126	shall establish a continuing education program for the
1127	recertification of wrecker operators by December 31, 2006. In
1128	order to renew a wrecker operator's certification card, an
1129	operator must complete a continuing education course. The
1130	council must prescribe the minimum curricula and proper
1131	examination for each continuing education course, each of which
1132	must be at least 8 hours in length. The council shall approve
1133	each organization, and the continuing education course it
1134	proposes to offer, before the course is approved for
1135	recertifying wrecker operators.
1136	(2)  Each organization conducting an approved wrecker
1137	operator continuing education course must issue, on forms
1138	prescribed by the department, a certificate to each wrecker
1139	operator who completes the approved course or who passes an
1140	approved recertification examination.
1141	508.12  Prohibited acts.--It is a violation of this chapter
1142	for a person to:
1143	(1)  Charge rates that exceed the maximum rates imposed by
1144	the ordinances of the respective county or municipality under
1145	ss. 125.0103(1)(c) and 166.043(1)(c).
1146	(2)  Violate s. 321.051, relating to the Florida Highway
1147	Patrol wrecker allocation system.
1148	(3)  Violate s. 323.002, relating to county and municipal
1149	wrecker allocation systems.
1150	(4)  Violate s. 713.78, relating to liens for recovering,
1151	towing, or storing vehicles and vessels.
1152	(5)  Violate s. 715.07, relating to towing or removing
1153	vehicles and vessels parked on real property without permission.
1154	(6)  Refuse to allow a law enforcement officer to inspect a
1155	towing and storage facility, as required in s. 812.055.
1156	(7)  Allow a person who is not certified as a wrecker
1157	operator under this chapter to perform wrecker services or
1158	specialized wrecker services for the wrecker company for more
1159	than 6 months after first being employed by, or becoming an
1160	ultimate equitable owner of, the wrecker company.
1161	(8)  Allow a wrecker operator certified under this chapter
1162	to perform a specialized wrecker service for the wrecker company
1163	if the wrecker operator's certification does not include an
1164	endorsement for that specialized wrecker service.
1165	(9)  Perform an act otherwise prohibited by this chapter or
1166	fail to perform an act otherwise required by this chapter.
1167	508.13  Administrative penalties; inspection of records.--
1168	(1)  The department may order one or more of the following
1169	if the department finds that a person has violated this chapter
1170	or the rules or orders issued under this chapter:
1171	(a)  Issue a notice of noncompliance under s. 120.695.
1172	(b)  Impose an administrative fine not to exceed $5,000 for
1173	each act or omission.
1174	(c)  Direct the person to cease and desist specified
1175	activities.
1176	(d)  Refuse to register the wrecker company or suspend or
1177	revoke the wrecker company's registration.
1178	(e)  Place the wrecker company on probation for a period of
1179	time, subject to the conditions specified by the department.
1180	(2)  Chapter 120 shall govern an administrative proceeding
1181	resulting from an order imposing a penalty specified in
1182	subsection (1).
1183	508.14  Civil penalties.--The department may bring a civil
1184	action in a court of competent jurisdiction to recover any
1185	penalties or damages allowed in this chapter and for injunctive
1186	relief to enforce compliance with this chapter. The department
1187	may seek a civil penalty of up to $5,000 for each violation of
1188	this chapter and may seek restitution for and on behalf of any
1189	owner of a vehicle, vessel, or mobile home who is aggrieved or
1190	injured by a violation of this chapter.
1191	508.15  Criminal penalties.--Effective July 1, 2005:
1192	(1)  A person who violates s. 508.04(1) by operating a
1193	wrecker company in this state without being registered with the
1194	department under this chapter commits a felony of the third
1195	degree, punishable as provided in s. 775.082, s. 775.083, or s.
1196	775.084.
1197	(2)  A person who violates s. 508.10(1) by performing
1198	wrecker services in this state without being an employee or
1199	ultimate equitable owner of a wrecker company that is registered
1200	with the department under this chapter commits a felony of the
1201	third degree, punishable as provided in s. 775.082, s. 775.083,
1202	or s. 775.084.
1203	508.16  Fees.--The department shall adopt by rule a fee
1204	schedule, not to exceed the following amounts:
1205	(1)  Wrecker company registration fee: $495.
1206	(2)  Wrecker company registration renewal fee: $495.
1207	508.17  General Inspection Trust Fund; payments.--All fees,
1208	penalties, or other funds collected by the department under this
1209	chapter must be deposited in the General Inspection Trust Fund
1210	and may only be used for the purpose of administering this
1211	chapter.
1212	508.18  Recovery agents; exemption.--This chapter does not
1213	apply to a person licensed under chapter 493 performing
1214	repossession services.
1215	508.19  County and municipal ordinances.--A county or
1216	municipality may enact ordinances governing the business of
1217	transporting vehicles or vessels by wrecker which are more
1218	restrictive than this chapter. This section does not limit the
1219	authority of a political subdivision to impose regulatory fees
1220	or charges or to levy occupational license taxes under chapter
1221	205. The department may enter into a cooperative agreement with
1222	any county or municipality that provides for the referral,
1223	investigation, and prosecution of consumer complaints alleging
1224	violations of this act. The department is authorized to delegate
1225	enforcement of this act to any county or municipality entering
1226	into a cooperative agreement.
1227	508.20  Records.--
1228	(1)  Each wrecker company shall maintain records of its
1229	wrecker services for at least 12 months. These records shall be
1230	maintained at the wrecker company's principal place of business.
1231	(2)  Each wrecker company shall maintain records on each of
1232	its wrecker operators sufficient to demonstrate that the
1233	operator has successfully completed an approved wrecker operator
1234	certification course or an approved wrecker operator continuing
1235	education course and is certified to perform wrecker services.
1236	These records shall be maintained at the wrecker company's
1237	principal place of business for as long as the operator is
1238	employed by the wrecker company and for at least 6 months
1239	thereafter.
1240	(3)  Each organization approved to conduct a wrecker
1241	operator certification course or approved to offer a wrecker
1242	operator continuing education course shall maintain records on
1243	each person who successfully completes one of the courses. The
1244	records shall be maintained at the organization's principal
1245	place of business for at least 5 years. The department may, at
1246	any time during normal business hours, enter the organization's
1247	principal place of business to examine the records.
1248	Section 17.  Subsection (13) of section 713.78, Florida
1249	Statutes, is amended to read:
1250	713.78  Liens for recovering, towing, or storing vehicles
1251	and vessels.--
1252	(13)(a)  Upon receipt by the Department of Highway Safety
1253	and Motor Vehicles of written notice from a wrecker operator who
1254	claims a wrecker operator's lien under paragraph (2)(c) or
1255	paragraph (2)(d) for recovery, towing, or storage of an
1256	abandoned vehicle, vessel, or mobile home upon instructions from
1257	any law enforcement agency, for which a certificate of
1258	destruction has been issued under subsection (11), the
1259	department shall place the name of the registered owner of that
1260	vehicle, vessel, or mobile home on the list of those persons who
1261	may not be issued a license plate or revalidation sticker for
1262	any motor vehicle under s. 320.03(8). If the vehicle, vessel, or
1263	mobile home is owned jointly by more than one person, the name
1264	of each registered owner shall be placed on the list. The notice
1265	of wrecker operator's lien shall be submitted on forms provided
1266	by the department, which must include:
1267	1.  The name, address, and telephone number of the wrecker
1268	operator.
1269	2.  The name of the registered owner of the vehicle,
1270	vessel, or mobile home and the address to which the wrecker
1271	operator provided notice of the lien to the registered owner
1272	under subsection (4).
1273	3.  A general description of the vehicle, vessel, or mobile
1274	home, including its color, make, model, body style, and year.
1275	4.  The vehicle identification number (VIN); registration
1276	license plate number, state, and year; validation decal number,
1277	state, and year; mobile home sticker number, state, and year;
1278	vessel registration number; hull identification number; or other
1279	identification number, as applicable.
1280	5.  The name of the person or the corresponding law
1281	enforcement agency that requested that the vehicle, vessel, or
1282	mobile home be recovered, towed, or stored.
1283	6.  The amount of the wrecker operator's lien, not to
1284	exceed the amount allowed by paragraph (b).
1285	(b)  For purposes of this subsection only, the amount of
1286	the wrecker operator's lien for which the department will
1287	prevent issuance of a license plate or revalidation sticker may
1288	not exceed the amount of the charges for recovery, towing, and
1289	storage of the vehicle, vessel, or mobile home for 7 days. These
1290	charges may not exceed the maximum rates imposed by the
1291	ordinances of the respective county or municipality under ss.
1292	125.0103(1)(c) and 166.043(1)(c). This paragraph does not limit
1293	the amount of a wrecker operator's lien claimed under subsection
1294	(2) or prevent a wrecker operator from seeking civil remedies
1295	for enforcement of the entire amount of the lien, but limits
1296	only that portion of the lien for which the department will
1297	prevent issuance of a license plate or revalidation sticker.
1298	(c)1.  The registered owner of a vehicle, vessel, or mobile
1299	home may dispute a wrecker operator's lien, by notifying the
1300	department of the dispute in writing on forms provided by the
1301	department, if at least one of the following applies:
1302	a.  The registered owner presents a notarized bill of sale
1303	proving that the vehicle, vessel, or mobile home was sold in a
1304	private or casual sale before the vehicle, vessel, or mobile
1305	home was recovered, towed, or stored.
1306	b.  The registered owner presents proof that the Florida
1307	certificate of title of the vehicle, vessel, or mobile home was
1308	sold to a licensed dealer as defined in s. 319.001 before the
1309	vehicle, vessel, or mobile home was recovered, towed, or stored.
1310	c.  The records of the department were marked to indicate
1311	that the vehicle, vessel, or mobile home was sold before the
1312	issuance of the certificate of destruction under subsection
1313	(11).
1314
1315	If the registered owner's dispute of a wrecker operator's lien
1316	complies with one of these criteria, the department shall
1317	immediately remove the registered owner's name from the list of
1318	those persons who may not be issued a license plate or
1319	revalidation sticker for any motor vehicle under s. 320.03(8),
1320	thereby allowing issuance of a license plate or revalidation
1321	sticker. If the vehicle, vessel, or mobile home is owned jointly
1322	by more than one person, each registered owner must dispute the
1323	wrecker operator's lien in order to be removed from the list.
1324	However, the department shall deny any dispute and maintain the
1325	registered owner's name on the list of those persons who may not
1326	be issued a license plate or revalidation sticker for any motor
1327	vehicle under s. 320.03(8) if the wrecker operator has provided
1328	the department with a certified copy of the judgment of a court
1329	which orders the registered owner to pay the wrecker operator's
1330	lien claimed under this section. In such a case, the amount of
1331	the wrecker operator's lien allowed by paragraph (b) may be
1332	increased to include no more than $500 of the reasonable costs
1333	and attorney's fees incurred in obtaining the judgment. The
1334	department's action under this subparagraph is ministerial in
1335	nature, shall not be considered final agency action, and may be
1336	appealed is appealable only to the county court for the county
1337	in which the vehicle, vessel, or mobile home was ordered
1338	removed.
1339	2.  A person against whom a wrecker operator's lien has
1340	been imposed may alternatively obtain a discharge of the lien by
1341	filing a complaint, challenging the validity of the lien or the
1342	amount thereof, in the county court of the county in which the
1343	vehicle, vessel, or mobile home was ordered removed. Upon filing
1344	of the complaint, the person may have her or his name removed
1345	from the list of those persons who may not be issued a license
1346	plate or revalidation sticker for any motor vehicle under s.
1347	320.03(8), thereby allowing issuance of a license plate or
1348	revalidation sticker, upon posting with the court a cash or
1349	surety bond or other adequate security equal to the amount of
1350	the wrecker operator's lien to ensure the payment of such lien
1351	in the event she or he does not prevail. Upon the posting of the
1352	bond and the payment of the applicable fee set forth in s.
1353	28.24, the clerk of the court shall issue a certificate
1354	notifying the department of the posting of the bond and
1355	directing the department to release the wrecker operator's lien.
1356	Upon determining the respective rights of the parties, the court
1357	may award damages and costs in favor of the prevailing party.
1358	3.  If a person against whom a wrecker operator's lien has
1359	been imposed does not object to the lien, but cannot discharge
1360	the lien by payment because the wrecker operator has moved or
1361	gone out of business, the person may have her or his name
1362	removed from the list of those persons who may not be issued a
1363	license plate or revalidation sticker for any motor vehicle
1364	under s. 320.03(8), thereby allowing issuance of a license plate
1365	or revalidation sticker, upon posting with the clerk of court in
1366	the county in which the vehicle, vessel, or mobile home was
1367	ordered removed, a cash or surety bond or other adequate
1368	security equal to the amount of the wrecker operator's lien.
1369	Upon the posting of the bond and the payment of the application
1370	fee set forth in s. 28.24, the clerk of the court shall issue a
1371	certificate notifying the department of the posting of the bond
1372	and directing the department to release the wrecker operator's
1373	lien. The department shall mail to the wrecker operator, at the
1374	address upon the lien form, notice that the wrecker operator
1375	must claim the security within 60 days, or the security will be
1376	released back to the person who posted it. At the conclusion of
1377	the 60 days, the department shall direct the clerk as to which
1378	party is entitled to payment of the security, less applicable
1379	clerk's fees.
1380	4.  A wrecker operator's lien expires 5 years after filing.
1381	(d)  Upon discharge of the amount of the wrecker operator's
1382	lien allowed by paragraph (b), the wrecker operator must issue a
1383	certificate of discharged wrecker operator's lien on forms
1384	provided by the department to each registered owner of the
1385	vehicle, vessel, or mobile home attesting that the amount of the
1386	wrecker operator's lien allowed by paragraph (b) has been
1387	discharged. Upon presentation of the certificate of discharged
1388	wrecker operator's lien by the registered owner, the department
1389	shall immediately remove the registered owner's name from the
1390	list of those persons who may not be issued a license plate or
1391	revalidation sticker for any motor vehicle under s. 320.03(8),
1392	thereby allowing issuance of a license plate or revalidation
1393	sticker. Issuance of a certificate of discharged wrecker
1394	operator's lien under this paragraph does not discharge the
1395	entire amount of the wrecker operator's lien claimed under
1396	subsection (2), but only certifies to the department that the
1397	amount of the wrecker operator's lien allowed by paragraph (b),
1398	for which the department will prevent issuance of a license
1399	plate or revalidation sticker, has been discharged.
1400	(e)  When a wrecker operator files a notice of wrecker
1401	operator's lien under this subsection, the department shall
1402	charge the wrecker operator a fee of $2, which must shall be
1403	deposited into the General Revenue Fund established under s.
1404	860.158. A service charge of $2.50 shall be collected and
1405	retained by the tax collector who processes a notice of wrecker
1406	operator's lien.
1407	(f)  This subsection applies only to the annual renewal in
1408	the registered owner's birth month of a motor vehicle
1409	registration and does not apply to the transfer of a
1410	registration of a motor vehicle sold by a motor vehicle dealer
1411	licensed under chapter 320, except for the transfer of
1412	registrations which is inclusive of the annual renewals. This
1413	subsection does not apply to any vehicle registered in the name
1414	of a lessor. This subsection does not affect the issuance of the
1415	title to a motor vehicle, notwithstanding s. 319.23(7)(b).
1416	(g)  The Department of Highway Safety and Motor Vehicles
1417	may adopt rules under pursuant to ss. 120.536(1) and 120.54 to
1418	implement this subsection.
1419	Section 18.  Effective January 1, 2005, section 713.78,
1420	Florida Statutes, as amended by this act, is amended to read:
1421	713.78  Liens for recovering, towing, or storing vehicles
1422	and vessels.--
1423	(1)  As used in For the purposes of this section, the term:
1424	(a)  "Business day" means a day other than a Saturday,
1425	Sunday, or federal or state legal holiday.
1426	(b)  "Property owner" has the same meaning ascribed in s.
1427	715.07.
1428	(c)(a)  "Vehicle" has the same meaning ascribed in s.
1429	508.01 means any mobile item, whether motorized or not, which is
1430	mounted on wheels.
1431	(d)(b)  "Vessel" has the same meaning ascribed in s. 508.01
1432	means every description of watercraft, barge, and air boat used
1433	or capable of being used as a means of transportation on water,
1434	other than a seaplane or a "documented vessel" as defined in s.
1435	327.02(8).
1436	(e)(c)  "Wrecker" has the same meaning ascribed in s.
1437	320.01 means any truck or other vehicle which is used to tow,
1438	carry, or otherwise transport motor vehicles or vessels upon the
1439	streets and highways of this state and which is equipped for
1440	that purpose with a boom, winch, car carrier, or other similar
1441	equipment.
1442	(f)  "Wrecker company" has the same meaning ascribed in s.
1443	508.01.
1444	(g)  "Wrecker operator" has the same meaning ascribed in s.
1445	508.01.
1446	(2)  Whenever a wrecker company registered under chapter
1447	508 person regularly engaged in the business of transporting
1448	vehicles or vessels by wrecker, tow truck, or car carrier
1449	recovers, removes, or stores a vehicle or, vessel, or mobile
1450	home upon instructions from:
1451	(a)  The owner of the vehicle or vessel thereof; or
1452	(b)  The property owner or lessor, or a person authorized
1453	by the owner or lessor, of real property on which the such
1454	vehicle is wrongfully parked without permission, and the such
1455	removal is done in compliance with s. 715.07; or
1456	(c)  A Any law enforcement agency,; or
1457	(d)  A mobile home park owner as defined in s. 723.003 who
1458	has a current writ of possession for a mobile home lot pursuant
1459	to s. 723.061,
1460
1461	the wrecker company has she or he shall have a lien on the such
1462	vehicle or vessel for a reasonable towing fee and for a
1463	reasonable storage fee; except that a no storage fee may not
1464	shall be charged if a such vehicle or vessel is stored for less
1465	than 6 hours.
1466	(3)  This section does not authorize any person to claim a
1467	lien on a vehicle for fees or charges connected with the
1468	immobilization of a such vehicle using a vehicle boot or other
1469	similar device under pursuant to s. 715.07.
1470	(4)(a)  Any wrecker company that person regularly engaged
1471	in the business of recovering, towing, or storing vehicles or
1472	vessels who comes into possession of a vehicle or vessel under
1473	pursuant to subsection (2), and who claims a lien for recovery,
1474	towing, or storage services, must shall give notice to the
1475	registered owner, the insurance company insuring the vehicle
1476	notwithstanding the provisions of s. 627.736, and to all persons
1477	claiming a lien on the vehicle or vessel thereon, as disclosed
1478	by the records in the Department of Highway Safety and Motor
1479	Vehicles or of a corresponding agency in any other state.
1480	(b)  Whenever a any law enforcement agency authorizes the
1481	removal of a vehicle, or whenever a wrecker company any towing
1482	service, garage, repair shop, or automotive service, storage, or
1483	parking place notifies the law enforcement agency of possession
1484	of a vehicle under pursuant to s. 715.07(2)(a)2., the applicable
1485	law enforcement agency shall contact the Department of Highway
1486	Safety and Motor Vehicles, or the appropriate agency of the
1487	state of registration, if known, within 24 hours through the
1488	medium of electronic communications, giving the full description
1489	of the vehicle. Upon receipt of the full description of the
1490	vehicle, the department shall search its files to determine the
1491	owner's name, the insurance company insuring the vehicle, and
1492	whether any person has filed a lien upon the vehicle as provided
1493	in s. 319.27(2) and (3) and notify the applicable law
1494	enforcement agency within 72 hours. The wrecker company person
1495	in charge of the towing service, garage, repair shop, or
1496	automotive service, storage, or parking place shall obtain this
1497	such information from the applicable law enforcement agency
1498	within 5 days after from the date of storage and must shall give
1499	notice under pursuant to paragraph (a). The department may
1500	release the insurance company information to the requestor
1501	notwithstanding the provisions of s. 627.736.
1502	(c)  Notice by certified mail, return receipt requested,
1503	must shall be sent within 7 business days after the date of
1504	storage of the vehicle or vessel to the registered owner, the
1505	insurance company insuring the vehicle notwithstanding the
1506	provisions of s. 627.736, and all persons of record claiming a
1507	lien against the vehicle or vessel.  The notice must It shall
1508	state the fact of possession of the vehicle or vessel, that a
1509	lien as provided in subsection (2) is claimed, that charges have
1510	accrued and the amount of the charges thereof, that the lien is
1511	subject to enforcement under pursuant to law, and that the owner
1512	or lienholder, if any, has the right to a hearing as set forth
1513	in subsection (5), and that any vehicle or vessel which remains
1514	unclaimed, or for which the charges for recovery, towing, or
1515	storage services remain unpaid, may be sold free of all prior
1516	liens after 35 days if the vehicle or vessel is more than 3
1517	years of age or after 50 days if the vehicle or vessel is 3
1518	years of age or less.
1519	(d)  If the wrecker company is unable attempts to identify
1520	the name of locate the owner or lienholder prove unsuccessful,
1521	the wrecker company must towing-storage operator shall, after 7
1522	business working days following, excluding Saturday and Sunday,
1523	of the initial tow or storage, notify the public agency of
1524	jurisdiction in writing by certified mail or acknowledged hand
1525	delivery that the wrecker towing-storage company has been unable
1526	to identify the name of locate the owner or lienholder and a
1527	physical search of the vehicle or vessel has disclosed no
1528	ownership information and a good faith effort has been made. For
1529	purposes of this paragraph and subsection (9), the term "good
1530	faith effort" means that the following checks have been
1531	performed by the wrecker company to establish prior state of
1532	registration and for title:
1533	1.  Check of vehicle or vessel for any type of tag, tag
1534	record, temporary tag, or regular tag.
1535	2.  Check of law enforcement report for tag number or other
1536	information identifying the vehicle or vessel, if the vehicle or
1537	vessel was towed at the request of a law enforcement officer.
1538	3.  Check of trip sheet or tow ticket of the wrecker tow
1539	truck operator to see if a tag was on vehicle at beginning of
1540	tow, if private tow.
1541	4.  If there is no address of the owner on the impound
1542	report, check of law enforcement report to see if an out-of-
1543	state address is indicated from driver license information.
1544	5.  Check of vehicle or vessel for inspection sticker or
1545	other stickers and decals that may indicate a state of possible
1546	registration.
1547	6.  Check of the interior of the vehicle or vessel for any
1548	papers that may be in the glove box, trunk, or other areas for a
1549	state of registration.
1550	7.  Check of vehicle for vehicle identification number.
1551	8.  Check of vessel for vessel registration number.
1552	9.  Check of vessel hull for a hull identification number
1553	which should be carved, burned, stamped, embossed, or otherwise
1554	permanently affixed to the outboard side of the transom or, if
1555	there is no transom, to the outmost seaboard side at the end of
1556	the hull that bears the rudder or other steering mechanism.
1557	(5)(a)  The owner of a vehicle or vessel removed under
1558	pursuant to the provisions of subsection (2), or any person
1559	claiming a lien, other than the wrecker company towing-storage
1560	operator, within 10 days after the time she or he has knowledge
1561	of the location of the vehicle or vessel, may file a complaint
1562	in the county court of the county in which the vehicle or vessel
1563	is stored or in which the owner resides to determine if her or
1564	his property was wrongfully taken or withheld from her or him.
1565	(b)  Upon filing of a complaint, an owner or lienholder may
1566	have her or his vehicle or vessel released upon posting with the
1567	court a cash or surety bond or other adequate security equal to
1568	the amount of the charges for towing or storage and lot rental
1569	amount to ensure the payment of the such charges in the event
1570	she or he does not prevail.  Upon the posting of the bond and
1571	the payment of the applicable fee set forth in s. 28.24, the
1572	clerk of the court shall issue a certificate notifying the
1573	lienor of the posting of the bond and directing the lienor to
1574	release the vehicle or vessel. At the time of the such release,
1575	after reasonable inspection, she or he shall give a receipt to
1576	the wrecker towing-storage company reciting any claims she or he
1577	has for loss or damage to the vehicle or vessel or to the
1578	contents of the vehicle or vessel thereof.
1579	(c)  Upon determining the respective rights of the parties,
1580	the court shall may award damages, and costs, and reasonable
1581	attorney's fees to in favor of the prevailing party. In any
1582	event, The final order must require shall provide for immediate
1583	payment in full of the recovery, towing, and storage fees by the
1584	vehicle or vessel owner or lienholder; by or the law enforcement
1585	agency ordering the tow; or by the property owner, lessee, or
1586	agent thereof of the real property from which the vehicle or
1587	vessel was towed or removed under s. 715.07.
1588	(6)  Any vehicle or vessel that which is stored under
1589	pursuant to subsection (2) and that which remains unclaimed, or
1590	for which reasonable charges for recovery, towing, or storing
1591	remain unpaid or for which a lot rental amount is due and owing
1592	to the mobile home park owner, as evidenced by a judgment for
1593	unpaid rent, and any contents not released under pursuant to
1594	subsection (10), may be sold by the wrecker company owner or
1595	operator of the storage space for the such towing or storage
1596	charge or unpaid lot rental amount after 35 days after from the
1597	time the vehicle or vessel is stored in the wrecker company's
1598	storage facility therein if the vehicle or vessel is more than 3
1599	years of age or after 50 days after following the time the
1600	vehicle or vessel is stored in the wrecker company's storage
1601	facility therein if the vehicle or vessel is 3 years of age or
1602	less. The sale must shall be at public auction for cash. If the
1603	date of the sale is was not included in the notice required in
1604	subsection (4), notice of the sale must shall be given to the
1605	person in whose name the vehicle or, vessel, or mobile home is
1606	registered, to the mobile home park owner, and to all persons
1607	claiming a lien on the vehicle or vessel as shown on the records
1608	of the Department of Highway Safety and Motor Vehicles or of the
1609	corresponding agency in any other state. Notice must shall be
1610	sent by certified mail, return receipt requested, to the owner
1611	of the vehicle or vessel and the person having the recorded lien
1612	on the vehicle or vessel at the address shown on the records of
1613	the registering agency and must shall be mailed at least not
1614	less than 15 days before the date of the sale. After diligent
1615	search and inquiry, if the name and address of the registered
1616	owner or the owner of the recorded lien cannot be ascertained,
1617	the requirements of notice by mail may be dispensed with.  In
1618	addition to the notice by mail, public notice of the time and
1619	place of sale must shall be made by publishing a notice of the
1620	sale thereof one time, at least 10 days before prior to the date
1621	of the sale, in a newspaper of general circulation in the county
1622	in which the sale is to be held.  The proceeds of the sale,
1623	after payment of reasonable towing and storage charges and,
1624	costs of the sale, and the unpaid lot rental amount, in that
1625	order of priority, must shall be deposited with the clerk of the
1626	circuit court for the county if the owner is absent, and the
1627	clerk shall hold the such proceeds subject to the claim of the
1628	person legally entitled to those proceeds thereto. The clerk is
1629	shall be entitled to receive 5 percent of the such proceeds for
1630	the care and disbursement of the proceeds thereof.  The
1631	certificate of title issued under this section must law shall be
1632	discharged of all liens unless otherwise provided by court
1633	order.
1634	(7)(a)  A wrecker company, its wrecker operators, and other
1635	employees or agents of the wrecker company operator recovering,
1636	towing, or storing vehicles or vessels are is not liable for
1637	damages connected with those such services, theft of the such
1638	vehicles or vessels, or theft of personal property contained in
1639	the such vehicles or vessels, if those provided that such
1640	services are have been performed with reasonable care and if
1641	provided, further, that, in the case of removal of a vehicle or
1642	vessel upon the request of a person purporting, and reasonably
1643	appearing, to be the property owner or lessee, or a person
1644	authorized by the owner or lessee, of the real property from
1645	which the such vehicle or vessel is removed, the such removal
1646	has been done in compliance with s. 715.07. Further, a wrecker
1647	company, its wrecker operators, and other employees or agents of
1648	the wrecker company are operator is not liable for damage
1649	connected with those such services when complying with the
1650	lawful directions of a law enforcement officer to remove a
1651	vehicle stopped, standing, or parked upon a street or highway in
1652	such a position that obstructs as to obstruct the normal
1653	movement of traffic or that creates in such a condition as to
1654	create a hazard to other traffic upon the street or highway.
1655	(b)  Employees or authorized agents of an authorized or
1656	unauthorized wrecker company, as defined in s. 321.051 or s.
1657	323.002, may remove a vehicle or vehicle cargo from a public
1658	road without consent of the owner or operator of the vehicle or
1659	vehicle cargo upon request of a law enforcement officer as
1660	defined in s. 112.531, a sheriff or deputy sheriff as defined in
1661	s. 30.072, or a firefighter as defined in s. 112.81. The
1662	employee or authorized agent of the wrecker company, its wrecker
1663	operators, and other employees or agents of the wrecker company,
1664	the law enforcement officer, sheriff, or deputy sheriff, and the
1665	firefighters and emergency medical services providers are not
1666	liable for any property damages or claims of damage for the
1667	removal if the vehicle or vehicle cargo is removed because it
1668	presents an imminent public-safety hazard.
1669	(c)(b)  For the purposes of this subsection, a wrecker
1670	company, its wrecker operators, and other employees or agents of
1671	the wrecker company are operator is presumed to use reasonable
1672	care to prevent the theft of a vehicle or vessel or of any
1673	personal property contained in the such vehicle stored in the
1674	wrecker company's operator's storage facility if all of the
1675	following apply:
1676	1.  The wrecker company operator surrounds the storage
1677	facility with a chain-link or solid-wall type fence at least 6
1678	feet in height;
1679	2.  The wrecker company illuminates operator has
1680	illuminated the storage facility with lighting of sufficient
1681	intensity to reveal persons and vehicles at a distance of at
1682	least 150 feet during nighttime; and
1683	3.  The wrecker company operator uses one or more of the
1684	following security methods to discourage theft of vehicles or
1685	vessels or of any personal property contained in such vehicles
1686	or vessels stored in the wrecker company's operator's storage
1687	facility:
1688	a.  A night dispatcher or watchman remains on duty at the
1689	storage facility from sunset to sunrise;
1690	b.  A security dog remains at the storage facility from
1691	sunset to sunrise;
1692	c.  Security cameras or other similar surveillance devices
1693	monitor the storage facility; or
1694	d.  A security guard service examines the storage facility
1695	at least once each hour from sunset to sunrise.
1696	(d)(c)  Any law enforcement agency requesting that a motor
1697	vehicle be removed from an accident scene, street, or highway
1698	must conduct an inventory and prepare a written record of all
1699	personal property found in the vehicle before the vehicle is
1700	removed by a wrecker operator. However, if the owner or driver
1701	of the motor vehicle is present and accompanies the vehicle, an
1702	no inventory by law enforcement is not required. A wrecker
1703	company, its wrecker operators, and other employees or agents of
1704	the wrecker company are operator is not liable for the loss of
1705	personal property alleged to be contained in such a vehicle when
1706	the such personal property was not identified on the inventory
1707	record prepared by the law enforcement agency requesting the
1708	removal of the vehicle.
1709	(8)  A wrecker company and its wrecker operators, excluding
1710	person regularly engaged in the business of recovering, towing,
1711	or storing vehicles or vessels, except a person licensed under
1712	chapter 493 while engaged in "repossession" activities as
1713	defined in s. 493.6101, may not operate a wrecker, tow truck, or
1714	car carrier unless the name, address, and telephone number of
1715	the wrecker company performing the wrecker services service is
1716	clearly printed in contrasting colors on the driver and
1717	passenger sides of the wrecker its vehicle.  The name must be in
1718	at least 3-inch permanently affixed letters, and the address and
1719	telephone number must be in at least 1-inch permanently affixed
1720	letters.
1721	(9)  Failure to make good faith best efforts to comply with
1722	the notice requirements of this section precludes shall preclude
1723	the imposition of any storage charges against the such vehicle
1724	or vessel.
1725	(10)  Each wrecker company that provides Persons who
1726	provide services under pursuant to this section must shall
1727	permit vehicle or vessel owners or their agents, which agency is
1728	evidenced by a writing acknowledged by the owner before a notary
1729	public or other person empowered by law to administer oaths, to
1730	inspect the towed vehicle or vessel and must shall release to
1731	the owner or agent all personal property not affixed to the
1732	vehicle or vessel which was in the vehicle or vessel at the time
1733	the vehicle or vessel came into the custody of the wrecker
1734	company person providing those such services.
1735	(11)(a)  A wrecker company that Any person regularly
1736	engaged in the business of recovering, towing, or storing
1737	vehicles or vessels who comes into possession of a vehicle or
1738	vessel under pursuant to subsection (2) and that complies who
1739	has complied with the provisions of subsections (3) and (6),
1740	when the such vehicle or vessel is to be sold for purposes of
1741	being dismantled, destroyed, or changed in a such manner that it
1742	is not the motor vehicle or, vessel, or mobile home described in
1743	the certificate of title, must shall apply to the county tax
1744	collector for a certificate of destruction.  A certificate of
1745	destruction, which authorizes the dismantling or destruction of
1746	the vehicle or vessel described on the certificate therein, is
1747	shall be reassignable no more than twice a maximum of two times
1748	before dismantling or destruction of the vehicle is shall be
1749	required, and the certificate must shall accompany the vehicle
1750	or vessel for which it is issued, when the such vehicle or
1751	vessel is sold for that purpose such purposes, in lieu of a
1752	certificate of title.  The application for a certificate of
1753	destruction must include an affidavit from the applicant that it
1754	has complied with all applicable requirements of this section
1755	and, if the vehicle or vessel is not registered in this state,
1756	by a statement from a law enforcement officer that the vehicle
1757	or vessel is not reported stolen, and must also shall be
1758	accompanied by any other such documentation as may be required
1759	by the department.
1760	(b)  The Department of Highway Safety and Motor Vehicles
1761	shall charge a fee of $3 for each certificate of destruction.  A
1762	service charge of $4.25 shall be collected and retained by the
1763	tax collector who processes the application.
1764	(c)  The Department of Highway Safety and Motor Vehicles
1765	may adopt such rules to administer as it deems necessary or
1766	proper for the administration of this subsection.
1767	(12)(a)  Any person who violates any provision of
1768	subsection (1), subsection (2), subsection (4), subsection (5),
1769	subsection (6), or subsection (7) commits is guilty of a
1770	misdemeanor of the first degree, punishable as provided in s.
1771	775.082 or s. 775.083.
1772	(b)  Any person who violates the provisions of subsections
1773	(8) through (11) commits is guilty of a felony of the third
1774	degree, punishable as provided in s. 775.082, s. 775.083, or s.
1775	775.084.
1776	(c)  Any person who uses a false or fictitious name, gives
1777	a false or fictitious address, or makes any false statement in
1778	any application or affidavit required under the provisions of
1779	this section commits is guilty of a felony of the third degree,
1780	punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
1781	(d)  Employees of the Department of Highway Safety and
1782	Motor Vehicles and law enforcement officers may are authorized
1783	to inspect the records of each wrecker company in this state any
1784	person regularly engaged in the business of recovering, towing,
1785	or storing vehicles or vessels or transporting vehicles or
1786	vessels by wrecker, tow truck, or car carrier, to ensure
1787	compliance with the requirements of this section. Any person who
1788	fails to maintain records, or fails to produce records when
1789	required in a reasonable manner and at a reasonable time,
1790	commits a misdemeanor of the first degree, punishable as
1791	provided in s. 775.082 or s. 775.083.
1792	(13)(a)  Upon receipt by the Department of Highway Safety
1793	and Motor Vehicles of written notice from a wrecker company
1794	operator who claims a wrecker company's operator's lien under
1795	paragraph (2)(c) or paragraph (2)(d) for recovery, towing, or
1796	storage of an abandoned vehicle or, vessel, or mobile home upon
1797	instructions from any law enforcement agency, for which a
1798	certificate of destruction has been issued under subsection
1799	(11), the department shall place the name of the registered
1800	owner of that vehicle or, vessel, or mobile home on the list of
1801	those persons who may not be issued a license plate or
1802	revalidation sticker for any motor vehicle under s. 320.03(8).
1803	If the vehicle or, vessel, or mobile home is owned jointly by
1804	more than one person, the name of each registered owner shall be
1805	placed on the list. The notice of wrecker company's operator's
1806	lien shall be submitted on forms provided by the department,
1807	which must include:
1808	1.  The name, address, and telephone number of the wrecker
1809	company operator.
1810	2.  The name of the registered owner of the vehicle or,
1811	vessel, or mobile home and the address to which the wrecker
1812	company operator provided notice of the lien to the registered
1813	owner under subsection (4).
1814	3.  A general description of the vehicle or, vessel, or
1815	mobile home, including its color, make, model, body style, and
1816	year.
1817	4.  The vehicle identification number (VIN); registration
1818	license plate number, state, and year; validation decal number,
1819	state, and year; mobile home sticker number, state, and year;
1820	vessel registration number; hull identification number; or other
1821	identification number, as applicable.
1822	5.  The name of the person or the corresponding law
1823	enforcement agency that requested that the vehicle or, vessel,
1824	or mobile home be recovered, towed, or stored.
1825	6.  The amount of the wrecker company's operator's lien,
1826	not to exceed the amount allowed by paragraph (b).
1827	(b)  For purposes of this subsection only, the amount of
1828	the wrecker company's operator's lien for which the department
1829	will prevent issuance of a license plate or revalidation sticker
1830	may not exceed the amount of the charges for recovery, towing,
1831	and storage of the vehicle or, vessel, or mobile home for 7
1832	days. These charges may not exceed the maximum rates imposed by
1833	the ordinances of the respective county or municipality under
1834	ss. 125.0103(1)(c) and 166.043(1)(c). This paragraph does not
1835	limit the amount of a wrecker company's operator's lien claimed
1836	under subsection (2) or prevent a wrecker company operator from
1837	seeking civil remedies for enforcement of the entire amount of
1838	the lien, but limits only that portion of the lien for which the
1839	department will prevent issuance of a license plate or
1840	revalidation sticker.
1841	(c)1.  The registered owner of a vehicle, vessel, or mobile
1842	home may dispute a wrecker company's operator's lien, by
1843	notifying the department of the dispute in writing on forms
1844	provided by the department, if at least one of the following
1845	applies:
1846	a.  The registered owner presents a notarized bill of sale
1847	proving that the vehicle or, vessel, or mobile home was sold in
1848	a private or casual sale before the vehicle or, vessel, or
1849	mobile home was recovered, towed, or stored.
1850	b.  The registered owner presents proof that the Florida
1851	certificate of title of the vehicle or, vessel, or mobile home
1852	was sold to a licensed dealer as defined in s. 319.001 before
1853	the vehicle or, vessel, or mobile home was recovered, towed, or
1854	stored.
1855	c.  The records of the department were marked to indicate
1856	that the vehicle or, vessel, or mobile home was sold before the
1857	issuance of the certificate of destruction under subsection
1858	(11).
1859
1860	If the registered owner's dispute of a wrecker company's
1861	operator's lien complies with one of these criteria, the
1862	department shall immediately remove the registered owner's name
1863	from the list of those persons who may not be issued a license
1864	plate or revalidation sticker for any motor vehicle under s.
1865	320.03(8), thereby allowing issuance of a license plate or
1866	revalidation sticker. If the vehicle or, vessel, or mobile home
1867	is owned jointly by more than one person, each registered owner
1868	must dispute the wrecker company's operator's lien in order to
1869	be removed from the list. However, the department shall deny any
1870	dispute and maintain the registered owner's name on the list of
1871	those persons who may not be issued a license plate or
1872	revalidation sticker for any motor vehicle under s. 320.03(8) if
1873	the wrecker company operator has provided the department with a
1874	certified copy of the judgment of a court which orders the
1875	registered owner to pay the wrecker company's operator's lien
1876	claimed under this section. In such a case, the amount of the
1877	wrecker company's operator's lien allowed by paragraph (b) may
1878	be increased to include no more than $500 of the reasonable
1879	costs and attorney's fees incurred in obtaining the judgment.
1880	The department's action under this subparagraph is ministerial
1881	in nature, shall not be considered final agency action, and may
1882	be appealed only to the county court for the county in which the
1883	vehicle or, vessel, or mobile home was ordered removed.
1884	2.  A person against whom a wrecker company's operator's
1885	lien has been imposed may alternatively obtain a discharge of
1886	the lien by filing a complaint, challenging the validity of the
1887	lien or the amount thereof, in the county court of the county in
1888	which the vehicle or, vessel, or mobile home was ordered
1889	removed. Upon filing of the complaint, the person may have her
1890	or his name removed from the list of those persons who may not
1891	be issued a license plate or revalidation sticker for any motor
1892	vehicle under s. 320.03(8), thereby allowing issuance of a
1893	license plate or revalidation sticker, upon posting with the
1894	court a cash or surety bond or other adequate security equal to
1895	the amount of the wrecker company's operator's lien to ensure
1896	the payment of such lien in the event she or he does not
1897	prevail. Upon the posting of the bond and the payment of the
1898	applicable fee set forth in s. 28.24, the clerk of the court
1899	shall issue a certificate notifying the department of the
1900	posting of the bond and directing the department to release the
1901	wrecker company's operator's lien. Upon determining the
1902	respective rights of the parties, the court may award damages
1903	and costs in favor of the prevailing party.
1904	3.  If a person against whom a wrecker company's operator's
1905	lien has been imposed does not object to the lien, but cannot
1906	discharge the lien by payment because the wrecker company
1907	operator has moved or gone out of business, the person may have
1908	her or his name removed from the list of those persons who may
1909	not be issued a license plate or revalidation sticker for any
1910	motor vehicle under s. 320.03(8), thereby allowing issuance of a
1911	license plate or revalidation sticker, upon posting with the
1912	clerk of court in the county in which the vehicle or, vessel, or
1913	mobile home was ordered removed, a cash or surety bond or other
1914	adequate security equal to the amount of the wrecker company's
1915	operator's lien. Upon the posting of the bond and the payment of
1916	the application fee set forth in s. 28.24, the clerk of the
1917	court shall issue a certificate notifying the department of the
1918	posting of the bond and directing the department to release the
1919	wrecker company's operator's lien. The department shall mail to
1920	the wrecker company operator, at the address upon the lien form,
1921	notice that the wrecker company operator must claim the security
1922	within 60 days, or the security will be released back to the
1923	person who posted it. At the conclusion of the 60 days, the
1924	department shall direct the clerk as to which party is entitled
1925	to payment of the security, less applicable clerk's fees.
1926	4.  A wrecker company's operator's lien expires 5 years
1927	after filing.
1928	(d)  Upon discharge of the amount of the wrecker company's
1929	operator's lien allowed by paragraph (b), the wrecker company
1930	operator must issue a certificate of discharged wrecker
1931	company's operator's lien on forms provided by the department to
1932	each registered owner of the vehicle, vessel, or mobile home
1933	attesting that the amount of the wrecker company's operator's
1934	lien allowed by paragraph (b) has been discharged. Upon
1935	presentation of the certificate of discharged wrecker company's
1936	operator's lien by the registered owner, the department shall
1937	immediately remove the registered owner's name from the list of
1938	those persons who may not be issued a license plate or
1939	revalidation sticker for any motor vehicle under s. 320.03(8),
1940	thereby allowing issuance of a license plate or revalidation
1941	sticker. Issuance of a certificate of discharged wrecker
1942	company's operator's lien under this paragraph does not
1943	discharge the entire amount of the wrecker company's operator's
1944	lien claimed under subsection (2), but only certifies to the
1945	department that the amount of the wrecker company's operator's
1946	lien allowed by paragraph (b), for which the department will
1947	prevent issuance of a license plate or revalidation sticker, has
1948	been discharged.
1949	(e)  When a wrecker company operator files a notice of
1950	wrecker operator's lien under this subsection, the department
1951	shall charge the wrecker company operator a fee of $2, which
1952	must be deposited into the General Revenue Fund. A service
1953	charge of $2.50 shall be collected and retained by the tax
1954	collector who processes a notice of wrecker company's operator's
1955	lien.
1956	(f)  This subsection applies only to the annual renewal in
1957	the registered owner's birth month of a motor vehicle
1958	registration and does not apply to the transfer of a
1959	registration of a motor vehicle sold by a motor vehicle dealer
1960	licensed under chapter 320, except for the transfer of
1961	registrations which is inclusive of the annual renewals. This
1962	subsection does not apply to any vehicle registered in the name
1963	of a lessor. This subsection does not affect the issuance of the
1964	title to a motor vehicle, notwithstanding s. 319.23(7)(b).
1965	(g)  The Department of Highway Safety and Motor Vehicles
1966	may adopt rules under ss. 120.536(1) and 120.54 to implement
1967	this subsection.
1968	(14)  The amendments to this section made by this act do
1969	not affect the validity of liens established under this section
1970	before January 1, 2005.
1971	Section 19.  Effective January 1, 2005, section 713.785,
1972	Florida Statutes, is created to read:
1973	713.785  Liens for recovering, towing, or storing mobile
1974	homes.--
1975	(1)  As used in this section, the term:
1976	(a)  "Mobile home transport company" means a person
1977	regularly engaged in the business of transporting mobile homes.
1978	(b)  "Store" means a mobile home transport company that has
1979	legal possession of a mobile home either on the mobile home
1980	transport company's property or on any other property.
1981	(c)  "Unpaid lot rental amount" or "unpaid rent" means any
1982	unpaid financial obligations of the mobile home owner or tenant
1983	to the mobile home park owner consisting of "lot rental amount"
1984	as defined in s. 723.003 or "rent" as defined in part II of
1985	chapter 83, and includes any amount of storage charges as
1986	defined in s. 723.084.
1987	(2)  If the mobile home transport company recovers,
1988	removes, or stores a mobile home upon instructions from:
1989	(a)  The owner of the mobile home;
1990	(b)  Any law enforcement agency; or
1991	(c)  A mobile home park owner as defined in s. 723.003 who
1992	has a current writ of possession for a mobile home lot under s.
1993	723.062 or s. 83.62,
1994
1995	the mobile home transport company shall have a lien on the
1996	mobile home for a reasonable towing fee and for a reasonable
1997	storage fee.
1998	(3)(a)  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 of the
2003	Department of Highway Safety and Motor Vehicles or of a
2004	corresponding agency in any other state.
2005	(b)  Notice by certified mail, return receipt requested,
2006	shall be sent within 7 business days after the date of storage
2007	of the mobile home to the registered owner at the registered
2008	owner's last known address and to all persons of record claiming
2009	a lien against the mobile home. The notice shall state the fact
2010	of possession of the mobile home, that a lien as provided in
2011	subsection (2) is claimed, that charges have accrued and the
2012	amount thereof, that the lien is subject to enforcement pursuant
2013	to law, that the owner or lienholder, if any, has the right to a
2014	hearing as set forth in subsection (4), and that any mobile home
2015	which remains unclaimed or for which charges remain unpaid may
2016	be sold free of all prior liens after 35 days.
2017	(4)(a)  The owner of a mobile home stored pursuant to the
2018	provisions of subsection (2) or any person other than the mobile
2019	home transport company claiming a lien of record may, within 10
2020	days after the time she or he has knowledge of the location of
2021	the mobile home, file a complaint in the court of the county in
2022	which the mobile home is stored to determine if her or his
2023	property was wrongfully taken or withheld from her or him.
2024	(b)  Upon filing of a complaint, an owner or lienholder may
2025	have the mobile home released upon posting with the court a cash
2026	or surety bond or other adequate security equal to the amount of
2027	the charges for towing or storage, and lot rental amount, due
2028	and owing at that time to ensure the payment of such charges in
2029	the event she or he does not prevail. Upon the posting of the
2030	bond and the payment of the applicable fee set forth in s.
2031	28.24, the clerk of the circuit court shall issue a certificate
2032	notifying the mobile home transport company of the posting of
2033	the bond and directing the mobile home transport company to
2034	release the mobile home. At the time of such release and after
2035	reasonable inspection, the owner or lienholder shall give a
2036	receipt to the mobile home transport company reciting any claims
2037	she or he has for loss or damage to the mobile home or the
2038	contents thereof.
2039	(c)  Upon determining the respective rights of the parties,
2040	the court may award damages and costs in favor of the prevailing
2041	party. In any event, the final order shall provide for immediate
2042	payment in full by the mobile home owner or lienholder, or the
2043	owner or lessee, or agent thereof, of the property from which
2044	the mobile home was removed, of any lien for recovery, towing,
2045	and storage fees and any unpaid lot rental amount accruing until
2046	the time the mobile home is removed from the property.
2047	(5)  A mobile home that is stored pursuant to subsection
2048	(2) and which remains unclaimed, or for which reasonable charges
2049	for recovery, towing, or storing remain unpaid or for which a
2050	lot rental amount is due and owing to the mobile home park owner
2051	as evidenced by a judgment for unpaid rent and any contents of
2052	the mobile home not released pursuant to subsection (9), may be
2053	sold by the mobile home transport company for the towing or
2054	storage charge and any unpaid lot rental amount 35 days after
2055	the mobile home is stored by a mobile home transport company.
2056	The sale shall be at public auction for cash. If the date of the
2057	sale was not included in the notice required by subsection (3),
2058	notice of the sale shall be given to the person in whose name
2059	the mobile home is registered at her or his last known address,
2060	to the mobile home park owner, and to all persons claiming a
2061	lien on the mobile home as shown on the records of the
2062	Department of Highway Safety and Motor Vehicles or the
2063	corresponding agency in any other state. Notice must be sent by
2064	certified mail, return receipt requested, at least 15 days
2065	before the date of the sale. After diligent search and inquiry,
2066	if the name and address of the registered owner or the owner of
2067	the recorded lien cannot be ascertained, the requirements of
2068	notice by mail may be dispensed with. In addition to the notice
2069	by mail, public notice of the time and place of sale must be
2070	made by publishing a notice of the sale one time, at least 10
2071	days before the date of the sale, in a newspaper of general
2072	circulation in the county in which the sale is to be held. The
2073	proceeds of the sale, after payment of reasonable towing and
2074	storage charges, costs of the sale, and the unpaid lot rental
2075	amount as evidenced by an affidavit executed by the mobile home
2076	park owner or the owner's agent establishing the amount of
2077	unpaid lot rental amount through the date of the sale, in that
2078	order of priority, must be deposited with the clerk of the
2079	circuit court for the county, if the owner is absent, and the
2080	clerk shall hold such proceeds subject to the claim of the
2081	person legally entitled to those proceeds. The clerk is entitled
2082	to receive 5 percent of the proceeds for the care and
2083	disbursement of the proceeds. The certificate of title issued
2084	under this section shall be discharged of all liens unless
2085	otherwise provided by court order.
2086	(6)  Neither the mobile home transport company, the
2087	landlord or her or his agent, nor any subsequent purchaser for
2088	value is responsible to the tenant or any other party for loss,
2089	destruction, or damage to the mobile home or other personal
2090	property after coming into possession of the mobile home
2091	pursuant to this section, provided the mobile home transport
2092	company and the landlord, or their agents, use reasonable care
2093	in storing the mobile home. For purposes of this section,
2094	"reasonable care" means securing the mobile home by changing
2095	door locks, or any similar methods for securing the mobile home,
2096	in place in the mobile home park or in a separate storage area.
2097	(7)(a)  A mobile home transport company that comes into
2098	possession of a mobile home under subsection (2) and that
2099	complies with subsection (3), if the mobile home is to be sold
2100	for purposes of being dismantled, destroyed, or changed so that
2101	it is not the mobile home described in the certificate of title,
2102	must apply to the county tax collector for a certificate of
2103	destruction. A certificate of destruction, which authorizes the
2104	dismantling or destruction of the mobile home described in the
2105	certificate, is reassignable no more than twice before
2106	dismantling or destruction of the mobile home is to be required,
2107	and the certificate must accompany the mobile home for which it
2108	is issued when the mobile home is sold for that purpose, in lieu
2109	of a certificate of title. The application for a certificate of
2110	destruction must:
2111	1.  Include an affidavit from the applicant that it has
2112	complied with all applicable requirements of this section;
2113	2.  If the mobile home is not registered in this state,
2114	include a statement from a law enforcement officer that the
2115	mobile home is not reported stolen; and
2116	3.  Be accompanied by any other documentation as may be
2117	required by the department.
2118	(b)  The Department of Highway Safety and Motor Vehicles
2119	shall charge a fee of $3 for each certificate of destruction.
2120	The tax collector who processes the application shall collect
2121	and retain a service charge of $4.25.
2122	(c)  The Department of Highway Safety and Motor Vehicles is
2123	authorized to adopt rules pursuant to ss. 120.536(1) and 120.54
2124	to administer this subsection.
2125	(d)  Employees of the Department of Highway Safety and
2126	Motor Vehicles and law enforcement officers may inspect the
2127	records of each mobile home transport company in this state to
2128	ensure compliance with this section.
2129	(8)(a)  Upon receipt by the Department of Highway Safety
2130	and Motor Vehicles of written notice from a mobile home
2131	transport company that claims a lien under paragraph (2)(b) or
2132	paragraph (2)(c) for recovery, towing, or storage of a mobile
2133	home for which a certificate of destruction has been issued
2134	under this section, the department shall place the name of the
2135	registered owner of that mobile home on the list of those
2136	persons who may not be issued a revalidation sticker under s.
2137	320.03. If the mobile home is owned jointly by more than one
2138	person, the name of each registered owner must be placed on the
2139	list. The notice of mobile home transport company's lien must be
2140	submitted on forms provided by the department, which must
2141	include:
2142	1.  The name, address, and telephone number of the mobile
2143	home transport company.
2144	2.  The name of the registered owner of the mobile home and
2145	the address at which the mobile home transport company provided
2146	notice of the lien to the registered owner under subsection (3).
2147	3.  A general description of the mobile home, including its
2148	color, make, model, body style, and year.
2149	4.  The mobile home sticker number, state, and year or
2150	other identification number, as applicable.
2151	5.  The name of the person or the corresponding law
2152	enforcement agency that requested that the mobile home be
2153	recovered, towed, or stored.
2154	6.  The amount of the lien, not to exceed the amount
2155	allowed by paragraph (b).
2156	(b)  For purposes of this subsection only, the amount of
2157	the mobile home transport company's lien for which the
2158	department will prevent issuance of a revalidation sticker may
2159	not exceed the amount of the charges for recovery, towing, and
2160	storage of the mobile home for 7 days. These charges may not
2161	exceed the maximum rates imposed by the ordinances of the
2162	respective county or municipality under ss. 125.0103(1)(c) and
2163	166.043(1)(c). This paragraph does not limit the amount of a
2164	mobile home transport company's lien claimed under subsection
2165	(2) or prevent a mobile home transport company from seeking
2166	civil remedies for enforcement of the entire amount of the lien,
2167	but limits only that portion of the lien for which the
2168	department will prevent issuance of a revalidation sticker.
2169	(c)1.  The registered owner of the mobile home may dispute
2170	the mobile home transport company's lien by notifying the
2171	department of the dispute in writing on forms provided by the
2172	department, if at least one of the following applies:
2173	a.  The registered owner presents a notarized bill of sale
2174	proving that the mobile home was sold in a private or casual
2175	sale before the mobile home was recovered, towed, or stored.
2176	b.  The registered owner presents proof that the Florida
2177	certificate of title of mobile home was sold to a licensed
2178	dealer as defined in s. 319.001 before the mobile home was
2179	recovered, towed, or stored.
2180	c.  The records of the department were marked to indicate
2181	that the mobile home was sold before the issuance of the
2182	certificate of destruction under subsection (7).
2183
2184	If the registered owner's dispute of a mobile home transport
2185	company's lien complies with one of these criteria, the
2186	department shall immediately remove the registered owner's name
2187	from the list of those persons who may not be issued a
2188	revalidation sticker under s. 320.03. If the mobile home is
2189	owned jointly by more than one person, each registered owner
2190	must dispute the mobile home transport company's lien in order
2191	to be removed from the list. However, the department shall deny
2192	any dispute and maintain the registered owner's name on the list
2193	of those persons who may not be issued a revalidation sticker if
2194	the mobile home transport company has provided the department
2195	with a certified copy of the judgment of a court which orders
2196	the registered owner to pay the mobile home transport company's
2197	lien claimed under this section. In such a case, the amount of
2198	the mobile home transport company's lien allowed by paragraph
2199	(b) may be increased to include no more than $500 of the
2200	reasonable costs and attorney's fees incurred in obtaining the
2201	judgment. The department's action under this subparagraph is
2202	ministerial in nature, is not final agency action, and is
2203	appealable only to the county court for the county in which the
2204	mobile home was ordered removed.
2205	2.  A person against whom a mobile home transport company's
2206	lien has been imposed may alternatively obtain a discharge of
2207	the lien by filing a complaint challenging the validity of the
2208	lien or the amount thereof in the county court of the county in
2209	which the mobile home was ordered removed. Upon filing of the
2210	complaint, the person may have her or his name removed from the
2211	list of those persons who may not be issued a revalidation
2212	sticker under s. 320.03 upon posting with the court a cash or
2213	surety bond or other adequate security equal to the amount of
2214	the mobile home transport company's lien to ensure the payment
2215	of such lien in the event she or he does not prevail. Upon the
2216	posting of the bond and the payment of the applicable fee set
2217	forth in s. 28.24, the clerk of the circuit court shall issue a
2218	certificate notifying the department of the posting of the bond
2219	and directing the department to release the mobile home
2220	transport company's lien. Upon determining the respective rights
2221	of the parties, the court may award damages and costs in favor
2222	of the prevailing party.
2223	3.  If a person against whom a mobile home transport
2224	company's lien has been imposed does not object to the lien, but
2225	cannot discharge the lien by payment because the mobile home
2226	transport company has moved or gone out of business, the person
2227	may have her or his name removed from the list of those persons
2228	who may not be issued a revalidation sticker under s. 320.03,
2229	upon posting with the clerk of court in the county in which the
2230	mobile home was ordered removed, a cash or surety bond or other
2231	adequate security equal to the amount of the mobile home
2232	transport company's lien. Upon the posting of the bond and the
2233	payment of the application fee set forth in s. 28.24, the clerk
2234	of the circuit court shall issue a certificate notifying the
2235	department of the posting of the bond and directing the
2236	department to release the mobile home transport company's lien.
2237	The department shall mail to the mobile home transport company,
2238	at the address upon the lien form, notice that the mobile home
2239	transport company must claim the security within 60 days or the
2240	security will be released to the person who posted it. At the
2241	conclusion of the 60-day period, the department shall direct the
2242	clerk as to which party is entitled to payment of the security,
2243	less applicable clerk's fees.
2244	4.  A mobile home transport company's lien expires 5 years
2245	after filing.
2246	(d)  Upon discharge of the amount of the mobile home
2247	transport company's lien allowed under paragraph (b), the mobile
2248	home transport company must issue a certificate of discharged
2249	lien on a form provided by the department to each registered
2250	owner of the mobile home attesting that the amount of the mobile
2251	home transport company's lien allowed under paragraph (b) has
2252	been discharged. Upon presentation of the certificate of
2253	discharged lien by the registered owner, the department shall
2254	immediately remove the registered owner's name from the list of
2255	those persons who may not be issued a revalidation sticker under
2256	s. 320.03. Issuance of a certificate of discharged lien under
2257	this paragraph does not discharge the entire amount of the
2258	mobile home transport company's lien claimed under subsection
2259	(2), but certifies to the department only that the amount of the
2260	mobile home transport company's lien allowed by paragraph (b),
2261	for which the department will prevent issuance of revalidation
2262	sticker, has been discharged.
2263	(e)  When a mobile home transport company files a notice of
2264	lien under this subsection, the department shall charge the
2265	mobile home transport company a fee of $2, which must be
2266	deposited into the General Revenue Fund. The tax collector who
2267	processes a notice of lien shall collect and retain a service
2268	charge of $2.50.
2269	(f)  The Department of Highway Safety and Motor Vehicles
2270	may adopt rules pursuant to ss. 120.536(1) and 120.54 to
2271	implement this subsection.
2272	(9)  Persons who provide services pursuant to this section
2273	shall permit mobile home owners or their agents, which agency is
2274	evidenced by a writing acknowledged by the owner before a notary
2275	public or other person empowered by law to administer oaths, to
2276	inspect the mobile home and shall release to the owner or agent
2277	all personal property not affixed to the mobile home, provided
2278	there exists no landlord's lien for rent pursuant to s. 713.691
2279	or s. 713.77.
2280	(10)  Any person who violates any provision of subsection
2281	(3), subsection (5), subsection (6), subsection (7), or
2282	subsection (9) commits a misdemeanor of the first degree,
2283	punishable as provided in s. 775.082 or s. 775.083.
2284	Section 20.  Paragraph (a) of subsection (1) of section
2285	319.30, Florida Statutes, is amended to read:
2286	319.30  Definitions; dismantling, destruction, change of
2287	identity of motor vehicle or mobile home; salvage.--
2288	(1)  As used in this section, the term:
2289	(a)  "Certificate of destruction" means the certificate
2290	issued pursuant to s. 713.78(11) or s. 713.785(7)(a).
2291	Section 21.  Section 713.69, Florida Statutes, is amended
2292	to read:
2293	713.69  Unlawful to remove property upon which lien has
2294	accrued.--It is unlawful for any person to remove any property
2295	upon which a lien has accrued under the provisions of s. 713.68,
2296	s. 713.77, or s. 713.785 from any mobile home park, hotel,
2297	apartment house, roominghouse, lodginghouse, boardinghouse or
2298	tenement house without first making full payment to the person
2299	operating or conducting the same of all sums due and payable for
2300	such occupancy or without first having the written consent of
2301	such person so conducting or operating such place to so remove
2302	such property.  Any person violating the provisions of this
2303	section shall, if the property removed in violation hereof be of
2304	the value of $50 or less, be guilty of a misdemeanor of the
2305	second degree, punishable as provided in s. 775.082 or s.
2306	775.083; and if the property so removed should be of greater
2307	value than $50 then such person shall be guilty of a felony of
2308	the third degree, punishable as provided in s. 775.082, s.
2309	775.083, or s. 775.084.
2310	Section 22.  Effective January 1, 2005, section 715.07,
2311	Florida Statutes, is amended to read:
2312	715.07  Vehicles and vessels parked on real private
2313	property without permission; towing.--
2314	(1)  As used in this section, the term:
2315	(a)  "Property owner" means an owner or lessee of real
2316	property, or a person authorized by the owner or lessee, which
2317	person may be the designated representative of the condominium
2318	association if the real property is a condominium.
2319	(b)  "Vehicle" has the same meaning ascribed in s. 508.01
2320	means any mobile item which normally uses wheels, whether
2321	motorized or not.
2322	(c)  "Vessel" has the same meaning ascribed in s. 508.01.
2323	(d)  "Wrecker company" has the same meaning ascribed in s.
2324	508.01.
2325	(e)  "Wrecker operator" has the same meaning ascribed in s.
2326	508.01.
2327	(2)  A property owner The owner or lessee of real property,
2328	or any person authorized by the owner or lessee, which person
2329	may be the designated representative of the condominium
2330	association if the real property is a condominium, may cause a
2331	any vehicle or vessel parked on her or his such property without
2332	her or his permission to be removed by a wrecker company
2333	registered under chapter 508 person regularly engaged in the
2334	business of towing vehicles, without liability for the costs of
2335	removal, transportation, or storage or damages caused by the
2336	such removal, transportation, or storage, under any of the
2337	following circumstances:
2338	(a)  The towing or removal of any vehicle or vessel from
2339	real private property without the consent of the registered
2340	owner or other legally authorized person in control of that
2341	vehicle or vessel is subject to strict compliance with the
2342	following conditions and restrictions:
2343	1.a.  Any towed or removed vehicle or vessel must be stored
2344	at a storage facility site within a 10-mile radius 10 miles of
2345	the point of removal in any county of 500,000 population or
2346	more, and within a 15-mile radius 15 miles of the point of
2347	removal in any county of less than 500,000 population. The
2348	wrecker company's storage facility That site must be open for
2349	the purpose of redemption of vehicles and vessels on any day
2350	that the wrecker company person or firm towing the such vehicle
2351	or vessel is open for towing purposes, from 8 8:00 a.m. to 6
2352	6:00 p.m., and, when closed, must shall have prominently posted
2353	a sign indicating a telephone number where the operator of the
2354	storage facility site can be reached at all times.  Upon receipt
2355	of a telephoned request to open the storage facility site to
2356	redeem a vehicle or vessel, the operator shall return to the
2357	storage facility site within 1 hour or she or he is will be in
2358	violation of this section.
2359	b.  If a wrecker company no towing business providing such
2360	service is not located within the area of towing limitations set
2361	forth in sub-subparagraph a., the following limitations apply:
2362	any towed or removed vehicle or vessel must be stored at a
2363	storage facility site within a 20-mile radius 20 miles of the
2364	point of removal in any county of 500,000 population or more,
2365	and within a 30-mile radius 30 miles of the point of removal in
2366	any county of less than 500,000 population.
2367	2.  The wrecker company person or firm towing or removing
2368	the vehicle or vessel must shall, within 30 minutes after of
2369	completion of that such towing or removal, notify the municipal
2370	police department or, in an unincorporated area, the sheriff of
2371	that such towing or removal;, the location of the storage
2372	facility; site, the time the vehicle or vessel was towed or
2373	removed;, and the make, model, color, and license plate number
2374	of the vehicle or the make, model, color, and registration
2375	number of the vessel. The wrecker company must also and shall
2376	obtain the name of the person at that department to whom this
2377	such information is was reported and note that name on the trip
2378	record.
2379	3.  If the registered owner or other legally authorized
2380	person in control of the vehicle or vessel arrives at the scene
2381	before prior to removal or towing of the vehicle or vessel is
2382	towed or removed, the wrecker company must disconnect the
2383	vehicle or vessel shall be disconnected from the wrecker towing
2384	or removal apparatus, and must allow that person shall be
2385	allowed to remove the vehicle or vessel without interference
2386	upon the payment of a reasonable service fee of not more than
2387	one-half of the posted rate for those services such towing
2388	service as provided in subparagraph 6., for which a receipt
2389	shall be given, unless that person refuses to remove the vehicle
2390	or vessel that which is otherwise unlawfully parked or located.
2391	4.  A wrecker company, a wrecker operator, or another
2392	employee or agent of a wrecker company may not give a The rebate
2393	or pay payment of money or any other valuable consideration from
2394	the individual or firm towing or removing vehicles to the
2395	property owner owners or operators of the premises from which a
2396	vehicle or vessel is the vehicles are towed or removed, for the
2397	privilege of removing or towing the vehicle or vessel those
2398	vehicles, is prohibited. A property owner may not solicit a
2399	wrecker company, a wrecker operator, or another employee or
2400	agent of a wrecker company to give him or her a rebate or the
2401	payment of money or other valuable consideration for the
2402	privilege of removing or towing a vehicle from his or her
2403	premises.
2404	5.  Except for property appurtenant to and obviously a part
2405	of a single-family residence, and except for instances when
2406	notice is personally given to the owner or other legally
2407	authorized person in control of the vehicle or vessel that the
2408	area in which that vehicle or vessel is parked is reserved or
2409	otherwise unavailable for unauthorized vehicles or vessels and
2410	subject to being removed at the owner's or operator's expense,
2411	any property owner or lessee, or person authorized by the
2412	property owner or lessee, before prior to towing or removing any
2413	vehicle or vessel from real private property without the consent
2414	of the owner or other legally authorized person in control of
2415	that vehicle or vessel, must post a notice meeting the following
2416	requirements:
2417	a.  The notice must be prominently placed at each driveway
2418	access or curb cut allowing vehicular access to the property,
2419	within 5 feet from the public right-of-way line.  If there are
2420	no curbs or access barriers, the signs must be posted not less
2421	than one sign for each 25 feet of lot frontage.
2422	b.  The notice must clearly indicate, in not less than 2-
2423	inch high, light-reflective letters on a contrasting background,
2424	that unauthorized vehicles will be towed away at the owner's
2425	expense.  The words "tow-away zone" must be included on the sign
2426	in not less than 4-inch high letters.
2427	c.  The notice must also provide the name and current
2428	telephone number of the wrecker company person or firm towing or
2429	removing the vehicles, if the property owner, lessee, or person
2430	in control of the real property has a written contract with the
2431	wrecker towing company.
2432	d.  The sign structure containing the required notices must
2433	be permanently installed with the words "tow-away zone" not less
2434	than 3 feet and not more than 6 feet above ground level and must
2435	be continuously maintained on the property for not less than 24
2436	hours prior to the towing or removal of any vehicles.
2437	e.  The local government may require permitting and
2438	inspection of these signs prior to any towing or removal of
2439	vehicles being authorized.
2440	f.  A business with 20 or fewer parking spaces satisfies
2441	the notice requirements of this subparagraph by prominently
2442	displaying a sign stating "Reserved Parking for Customers Only
2443	Unauthorized Vehicles Will be Towed Away At the Owner's Expense"
2444	in not less than 4-inch high, light-reflective letters on a
2445	contrasting background.
2446	g.  A property owner towing or removing vessels from real
2447	property must post notice, consistent with the requirements in
2448	sub-subparagraphs a.-f. which apply to vehicles, that
2449	unauthorized vehicles or vessels will be towed away at the
2450	owner's expense.
2451
2452	A business owner or lessee may authorize the removal of a
2453	vehicle or vessel by a wrecker towing company registered under
2454	chapter 508 when the vehicle or vessel is parked in such a
2455	manner that restricts the normal operation of business; and if a
2456	vehicle or vessel parked on a public right-of-way obstructs
2457	access to a private driveway the owner, lessee, or agent may
2458	have the vehicle or vessel removed by a wrecker towing company
2459	registered under chapter 508 upon signing an order that the
2460	vehicle or vessel be removed without a posted tow-away zone
2461	sign.
2462	6.  Each wrecker company Any person or firm that tows or
2463	removes vehicles or vessels and proposes to require an owner,
2464	operator, or person in control of a vehicle or vessel to pay the
2465	costs of towing and storage prior to redemption of the vehicle
2466	or vessel must file and keep on record with the local law
2467	enforcement agency a complete copy of the current rates to be
2468	charged for those such services and post at the wrecker
2469	company's storage facility site an identical rate schedule and
2470	any written contracts with property owners, lessees, or persons
2471	in control of real property which authorize the wrecker company
2472	such person or firm to remove vehicles or vessels as provided in
2473	this section.
2474	7.  Each wrecker company Any person or firm towing or
2475	removing any vehicles or vessels from real private property
2476	without the consent of the owner or other legally authorized
2477	person in control of the vehicles must shall, on each wrecker
2478	any trucks, wreckers as defined in s. 320.01, s. 713.78(1)(c),
2479	or other vehicles used in the towing or removal, have the name,
2480	address, and telephone number of the wrecker company performing
2481	such service clearly printed in contrasting colors on the driver
2482	and passenger sides of the wrecker vehicle.  The name must shall
2483	be in at least 3-inch permanently affixed letters, and the
2484	address and telephone number must shall be in at least 1-inch
2485	permanently affixed letters.
2486	8.  Vehicle or vessel entry for the purpose of towing or
2487	removing the vehicle or vessel is shall be allowed with
2488	reasonable care by on the part of the wrecker company and the
2489	wrecker operators person or firm towing the vehicle or vessel
2490	for the wrecker company. A wrecker company, its wrecker
2491	operators, and other employees or agents of the wrecker company
2492	are not Such person or firm shall be liable for any damage
2493	occasioned to the vehicle or vessel if such entry to the vehicle
2494	or vessel is performed not in accordance with the standard of
2495	reasonable care.
2496	9.  When a vehicle or vessel is has been towed or removed
2497	under pursuant to this section, the wrecker company it must
2498	release the vehicle or vessel be released to its owner or
2499	custodian within one hour after requested. Any vehicle or vessel
2500	owner, custodian, or agent has shall have the right to inspect
2501	the vehicle or vessel before accepting its return. A wrecker
2502	company may not require any vehicle or vessel owner, custodian,
2503	or agent to, and no release the wrecker company or waiver of any
2504	kind which would release the person or firm towing the vehicle
2505	or vessel from liability for damages noted by the owner or other
2506	legally authorized person at the time of the redemption may be
2507	required from any vehicle owner, custodian, or agent as a
2508	condition of release of the vehicle or vessel to its owner. A
2509	wrecker company must give a person paying towing and storage
2510	charges under this section a detailed, signed receipt showing
2511	the legal name of the wrecker company or person towing or
2512	removing the vehicle must be given to the person paying towing
2513	or storage charges at the time of payment, whether requested or
2514	not.
2515	(b)  These requirements are shall be the minimum standards
2516	and do shall not preclude enactment of additional regulations by
2517	any municipality or county, including the regulation of right to
2518	regulate rates when vehicles or vessels are towed from real
2519	private property.
2520	(3)  This section does not apply to vehicles or vessels
2521	that are reasonably identifiable from markings as law
2522	enforcement, firefighting, rescue squad, ambulance, or other
2523	emergency vehicles or vessels which are marked as such or to
2524	property owned by any governmental entity.
2525	(4)  When a person improperly causes a vehicle or vessel to
2526	be removed, that such person is shall be liable to the owner or
2527	lessee of the vehicle or vessel for the cost of removal,
2528	transportation, and storage; any damages resulting from the
2529	removal, transportation, or storage of the vehicle or vessel;
2530	attorneys' fees; and court costs.
2531	(5)  Failure to make good-faith efforts to comply with the
2532	notice requirements in subparagraph (2)(a)5. precludes the
2533	imposition of any towing or storage charges against the vehicle
2534	or vessel.
2535	(6)(5)(a)  Any person who violates the provisions of
2536	subparagraph (2)(a)2. or subparagraph (2)(a)6. commits is guilty
2537	of a misdemeanor of the first degree, punishable as provided in
2538	s. 775.082 or s. 775.083.
2539	(b)  Any person who violates the provisions of subparagraph
2540	(2)(a)1., subparagraph (2)(a)3., subparagraph (2)(a)4.,
2541	subparagraph (2)(a)7., or subparagraph (2)(a)9. commits is
2542	guilty of a felony of the third degree, punishable as provided
2543	in s. 775.082, s. 775.083, or s. 775.084.
2544	Section 23.  Effective January 1, 2005, subsection (15) of
2545	section 1.01, Florida Statutes, is repealed.
2546	Section 24.  The sum of $693,000 is appropriated from the
2547	General Inspection Trust Fund to the Department of Agriculture
2548	and Consumer Services, and nine additional full-time-equivalent
2549	positions are authorized, for the purpose of implementing this
2550	act during the 2004-2005 fiscal year.
2551	Section 25.  Except as otherwise expressly provided in this
2552	act, this act shall take effect July 1, 2004.

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