Senate Bill sb0276c1

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    Florida Senate - 2005                            CS for SB 276

    By the Committee on General Government Appropriations; and
    Senator Crist




    601-2212-05

  1                      A bill to be entitled

  2         An act relating to wrecker services; amending

  3         s. 120.80, F.S.; exempting hearings of the

  4         Division of the Florida Highway Patrol

  5         concerning the wrecker allocation system from

  6         requirements of ch. 120, F.S.; creating s.

  7         205.1975, F.S.; prohibiting a county or

  8         municipality from issuing or renewing a license

  9         for a wrecker company that is not in compliance

10         with the requirements of the act; amending s.

11         316.530, F.S., relating to traffic control;

12         conforming provisions to changes made by the

13         act; reenacting s. 316.550(4), F.S., relating

14         to special wrecker permits, to incorporate the

15         amendment to s. 320.01, F.S., in references

16         thereto; amending s. 316.605, F.S.; clarifying

17         that portion of a license plate which must be

18         clear and plainly visible; providing

19         requirements for licensing wreckers and other

20         vehicles; amending s. 320.01, F.S.; redefining

21         the term "wrecker" for purposes of the Florida

22         Statutes; amending ss. 320.03 and 320.0706,

23         F.S., relating to motor vehicle registration

24         and license plates; conforming provisions to

25         changes made by the act; reenacting s.

26         320.08(5)(d) and (e), F.S., relating to license

27         taxes, to incorporate the amendment to s.

28         320.01, F.S., in references thereto; amending

29         s. 320.0821, F.S.; revising requirements for

30         the issuance of wrecker license plates;

31         amending s. 320.13, F.S., relating to dealer

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 1         license plates; conforming provisions to

 2         changes made by the act; amending s. 321.051,

 3         F.S.; providing definitions; requiring the

 4         Division of the Florida Highway Patrol within

 5         the Department of Highway Safety and Motor

 6         Vehicles to establish a wrecker allocation

 7         system; providing requirements for the system;

 8         authorizing the division to set maximum rates

 9         for towing and storage of vehicles; prohibiting

10         an unauthorized wrecker company from monitoring

11         a police radio or engaging in other activities;

12         providing penalties; providing requirements for

13         dispatching wreckers; amending s. 323.001,

14         F.S., relating to wrecker company storage

15         facilities; providing definitions; providing

16         procedures for a law enforcement agency to

17         place a hold on a stored vehicle; providing for

18         payment of towing and storage charges; amending

19         s. 323.002, F.S.; providing definitions;

20         providing requirements for a county or

21         municipality that operates a wrecker allocation

22         system; providing requirements for the system;

23         prohibiting an unauthorized wrecker company

24         from monitoring a police radio or engaging in

25         other activities; providing penalties;

26         providing requirements for dispatching

27         wreckers; creating chapter 508, F.S.; providing

28         definitions; creating the Wrecker Operator

29         Advisory Council within the Department of

30         Agriculture and Consumer Services; providing

31         for membership and terms; providing for

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 1         reimbursement for travel and per diem expenses;

 2         requiring the council to advise the department

 3         on matters relating to standards and practices

 4         in the wrecker industry; authorizing the

 5         department to adopt rules; requiring wrecker

 6         companies to register with the department;

 7         providing requirements for registration

 8         renewal; providing requirements for

 9         advertisements; requiring insurance coverage;

10         requiring the department to notify the

11         Department of Highway Safety and Motor Vehicles

12         when a registration has been suspended or

13         revoked; authorizing the department to deny

14         registration under certain circumstances;

15         specifying acceptable forms of payment;

16         establishing a certification program for

17         wrecker operators; requiring the department to

18         approve courses and organizations; providing

19         requirements for examinations; providing for

20         certification in specialized wrecker services;

21         requiring the department to adopt rules;

22         providing for certification cards to be issued

23         to wrecker operators who complete the

24         certification course and pass the examination;

25         prohibiting the performance of wrecker services

26         after a specified date unless the company is

27         registered and obtains certification as

28         required; authorizing the department to inspect

29         employment records; providing requirements for

30         continuing education; specifying prohibited

31         acts; providing administrative, civil, and

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 1         criminal penalties; providing for registration

 2         fees; providing for deposit of fees, penalties,

 3         and other funds; providing that the chapter

 4         does not apply to recovery agents; authorizing

 5         counties and municipalities to enact ordinances

 6         governing wrecker operators; requiring that a

 7         wrecker company maintain records of its

 8         services for a specified time; requiring a

 9         wrecker company to keep records of its

10         operators continuing education courses for a

11         specified time; directing organizations that

12         conduct continuing education courses to keep

13         records for a specified time; amending s.

14         713.78, F.S.; removing mobile homes from the

15         application of a statutory lien for towing and

16         storage; conforming provisions related to

17         recovering, towing, or storing vessels;

18         providing for attorney's fees; creating s.

19         713.785, F.S.; authorizing the imposition of

20         lien by a mobile home transport company for

21         recovering, towing, or storing a mobile home;

22         providing definitions; requiring a mobile home

23         transport company to provide notice of

24         recovery, towing, or storage services;

25         providing for the filing of a complaint;

26         providing procedures for the sale of an

27         unclaimed mobile home; specifying circumstances

28         under which a mobile home transport company

29         must obtain a certificate of destruction;

30         providing for fees; authorizing the department

31         to adopt rules; providing for fees; providing

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 1         for issuing certificates of destruction and

 2         revalidation stickers; providing procedures for

 3         disputing a lien and for discharge of a lien;

 4         providing for the posting and repayment of

 5         surety; providing for criminal penalties;

 6         amending s. 715.07, F.S.; defining the term

 7         "vessel"; conforming provisions related to

 8         towing vessels parked on private property;

 9         imposing criminal penalties for failure to

10         comply with certain laws governing the towing

11         of vehicles and vessels; repealing s. 1.01(15),

12         F.S., relating to the definition of the term

13         "wrecker operator"; providing an appropriation

14         and authorizing additional positions; providing

15         effective dates.

16  

17  Be It Enacted by the Legislature of the State of Florida:

18  

19         Section 1.  Effective January 1, 2006, paragraph (b) of

20  subsection (8) of section 120.80, Florida Statutes, is amended

21  to read:

22         120.80  Exceptions and special requirements;

23  agencies.--

24         (8)  DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES.--

25         (b)  Wrecker companies operators.--Notwithstanding s.

26  120.57(1)(a), hearings held by the Division of the Florida

27  Highway Patrol of the Department of Highway Safety and Motor

28  Vehicles to deny, suspend, or remove a wrecker company

29  operator from participating in the wrecker allocation rotation

30  system established under by s. 321.051 need not be conducted

31  by an administrative law judge assigned by the division. These

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 1  hearings shall be held by a hearing officer appointed by the

 2  director of the Division of the Florida Highway Patrol.

 3         Section 2.  Effective January 1, 2006, section

 4  205.1975, Florida Statutes, is created to read:

 5         205.1975  Wrecker companies; consumer protection.--A

 6  county or municipality may not issue or renew an occupational

 7  license for the operation of a wrecker company under chapter

 8  508 unless the wrecker company exhibits a current registration

 9  from the Department of Agriculture and Consumer Services.

10         Section 3.  Subsection (3) of section 316.530, Florida

11  Statutes, is amended to read:

12         316.530  Towing requirements.--

13         (3)  Whenever a motor vehicle becomes disabled upon the

14  highways of this state and a wrecker or tow truck is required

15  to remove it to a repair shop or other appropriate location,

16  if the combined weights of those two vehicles and the loads

17  thereon exceed the maximum allowable weights as established by

18  s. 316.535, no penalty shall be assessed either vehicle or

19  driver.  However, this exception shall not apply to the load

20  limits for bridges and culverts established by the department

21  as provided in s. 316.555.

22         Section 4.  For the purpose of incorporating the

23  amendment made by this act to section 320.01, Florida

24  Statutes, in references thereto, subsection (4) of section

25  316.550, Florida Statutes, is reenacted to read:

26         316.550  Operations not in conformity with law; special

27  permits.--

28         (4)(a)  The Department of Transportation may issue a

29  wrecker special blanket permit to authorize a wrecker as

30  defined in s. 320.01(40) to tow a disabled vehicle as defined

31  in s. 320.01(38) where the combination of the wrecker and the

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    Florida Senate - 2005                            CS for SB 276
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 1  disabled vehicle being towed exceeds the maximum weight limits

 2  as established by s. 316.535.

 3         (b)  The Department of Transportation must supply the

 4  permitted wrecker with a map showing the routes on which the

 5  wrecker may safely tow disabled vehicles for all special

 6  permit classifications for which the wrecker applies.

 7         Section 5.  Subsection (1) of section 316.605, Florida

 8  Statutes, is amended to read:

 9         316.605  Licensing of vehicles.--

10         (1)  Every vehicle, at all times while driven, stopped,

11  or parked upon any highways, roads, or streets of this state,

12  shall be licensed in the name of the owner thereof in

13  accordance with the laws of this state unless such vehicle is

14  not required by the laws of this state to be licensed in this

15  state and shall, except as otherwise provided in s. 320.0706

16  for front-end registration license plates on truck tractors or

17  wreckers, display the license plate or both of the license

18  plates assigned to it by the state, one on the rear and, if

19  two, the other on the front of the vehicle, each to be

20  securely fastened to the vehicle outside the main body of the

21  vehicle in such manner as to prevent the plates from swinging,

22  and with all letters, numerals, printing, writing, and other

23  identification marks upon the plates regarding the word

24  "Florida," the registration decal, and this alphanumeric

25  designation shall be clear and distinct and free from

26  defacement, mutilation, grease, and other obscuring matter, so

27  that they will be plainly visible and legible at all times 100

28  feet from the rear or front. In addition, if only one

29  registration plate is issued for a motor vehicle that is

30  equipped with a mechanical loading device that may damage the

31  plate, the plate may be attached to the front of the vehicle.

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 1  Nothing shall be placed upon the face of a Florida plate

 2  except as permitted by law or by rule or regulation of a

 3  governmental agency.  No license plates other than those

 4  furnished by the state shall be used.  However, if the vehicle

 5  is not required to be licensed in this state, the license

 6  plates on such vehicle issued by another state, by a

 7  territory, possession, or district of the United States, or by

 8  a foreign country, substantially complying with the provisions

 9  hereof, shall be considered as complying with this chapter. A

10  government license plate that is issued to a truck tractor or

11  heavy truck having a gross vehicle weight of 26,001 pounds or

12  more which is owned by a governmental entity may be placed on

13  the front of the vehicle and is in compliance with this

14  chapter. A violation of this subsection is a noncriminal

15  traffic infraction, punishable as a nonmoving violation as

16  provided in chapter 318.

17         Section 6.  Subsection (40) of section 320.01, Florida

18  Statutes, is amended to read:

19         320.01  Definitions, general.--As used in the Florida

20  Statutes, except as otherwise provided, the term:

21         (40)  "Wrecker" means a tow truck or other any motor

22  vehicle that is used to tow, carry, or otherwise transport

23  motor vehicles or vessels upon the streets and highways of

24  this state and that is equipped for that purpose with a boom,

25  winch, car carrier, or other similar equipment.

26         Section 7.  Effective January 1, 2006, subsection (8)

27  of section 320.03, Florida Statutes, is amended to read:

28         320.03  Registration; duties of tax collectors;

29  International Registration Plan.--

30         (8)  If the applicant's name appears on the list

31  referred to in s. 316.1001(4), s. 316.1967(6), or s.

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 1  713.78(13), a license plate or revalidation sticker may not be

 2  issued until that person's name no longer appears on the list

 3  or until the person presents a receipt from the clerk showing

 4  that the fines outstanding have been paid. The tax collector

 5  and the clerk of the court are each entitled to receive

 6  monthly, as costs for implementing and administering this

 7  subsection, 10 percent of the civil penalties and fines

 8  recovered from such persons. As used in this subsection, the

 9  term "civil penalties and fines" does not include a wrecker

10  company's operator's lien as described in s. 713.78(13). If

11  the tax collector has private tag agents, such tag agents are

12  entitled to receive a pro rata share of the amount paid to the

13  tax collector, based upon the percentage of license plates and

14  revalidation stickers issued by the tag agent compared to the

15  total issued within the county. The authority of any private

16  agent to issue license plates shall be revoked, after notice

17  and a hearing as provided in chapter 120, if he or she issues

18  any license plate or revalidation sticker contrary to the

19  provisions of this subsection. This section applies only to

20  the annual renewal in the owner's birth month of a motor

21  vehicle registration and does not apply to the transfer of a

22  registration of a motor vehicle sold by a motor vehicle dealer

23  licensed under this chapter, except for the transfer of

24  registrations which is inclusive of the annual renewals. This

25  section does not affect the issuance of the title to a motor

26  vehicle, notwithstanding s. 319.23(7)(b).

27         Section 8.  Section 320.0706, Florida Statutes, is

28  amended to read:

29         320.0706  Display of license plates on trucks.--The

30  owner of any commercial truck of gross vehicle weight of

31  26,001 pounds or more shall display the registration license

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 1  plate on both the front and rear of the truck in conformance

 2  with all the requirements of s. 316.605 that do not conflict

 3  with this section.  However, the owner of a truck tractor or a

 4  wrecker must shall be required to display the registration

 5  license plate only on the front of such vehicle.

 6         Section 9.  For the purpose of incorporating the

 7  amendment made by this act to section 320.01, Florida

 8  Statutes, in references thereto, paragraphs (d) and (e) of

 9  subsection (5) of section 320.08, Florida Statutes, are

10  reenacted to read:

11         320.08  License taxes.--Except as otherwise provided

12  herein, there are hereby levied and imposed annual license

13  taxes for the operation of motor vehicles, mopeds, motorized

14  bicycles as defined in s. 316.003(2), and mobile homes, as

15  defined in s. 320.01, which shall be paid to and collected by

16  the department or its agent upon the registration or renewal

17  of registration of the following:

18         (5)  SEMITRAILERS, FEES ACCORDING TO GROSS VEHICLE

19  WEIGHT; SCHOOL BUSES; SPECIAL PURPOSE VEHICLES.--

20         (d)  A wrecker, as defined in s. 320.01(40), which is

21  used to tow a vessel as defined in s. 327.02(36), a disabled,

22  abandoned, stolen-recovered, or impounded motor vehicle as

23  defined in s. 320.01(38), or a replacement motor vehicle as

24  defined in s. 320.01(39): $30 flat.

25         (e)  A wrecker, as defined in s. 320.01(40), which is

26  used to tow any motor vehicle, regardless of whether or not

27  such motor vehicle is a disabled motor vehicle as defined in

28  s. 320.01(38), a replacement motor vehicle as defined in s.

29  320.01(39), a vessel as defined in s. 327.02(36), or any other

30  cargo, as follows:

31  

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 1         1.  Gross vehicle weight of 10,000 pounds or more, but

 2  less than 15,000 pounds:  $87 flat.

 3         2.  Gross vehicle weight of 15,000 pounds or more, but

 4  less than 20,000 pounds:  $131 flat.

 5         3.  Gross vehicle weight of 20,000 pounds or more, but

 6  less than 26,000 pounds:  $186 flat.

 7         4.  Gross vehicle weight of 26,000 pounds or more, but

 8  less than 35,000 pounds:  $240 flat.

 9         5.  Gross vehicle weight of 35,000 pounds or more, but

10  less than 44,000 pounds:  $300 flat.

11         6.  Gross vehicle weight of 44,000 pounds or more, but

12  less than 55,000 pounds:  $572 flat.

13         7.  Gross vehicle weight of 55,000 pounds or more, but

14  less than 62,000 pounds:  $678 flat.

15         8.  Gross vehicle weight of 62,000 pounds or more, but

16  less than 72,000 pounds:  $800 flat.

17         9.  Gross vehicle weight of 72,000 pounds or more:

18  $979 flat.

19         Section 10.  Subsection (1) of section 320.0821,

20  Florida Statutes, is amended, and subsection (5) is added to

21  that section, to read:

22         320.0821  Wrecker license plates.--

23         (1)  The department shall issue one a wrecker license

24  plate, regardless of gross vehicle weight, to the owner of any

25  motor vehicle that is used to tow, carry, or otherwise

26  transport motor vehicles and that is equipped for that purpose

27  with a boom, winch, carrier, or other similar equipment,

28  except a motor vehicle registered under the International

29  Registration Plan, upon application and payment of the

30  appropriate license tax and fees in accordance with s.

31  320.08(5)(d) or (e).

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 1         (5)  A wrecker license plate must be displayed on the

 2  front of such vehicle.

 3         Section 11.  Effective January 1, 2006, subsection (1)

 4  of section 320.0821, Florida Statutes, as amended by this act,

 5  is amended to read:

 6         320.0821  Wrecker license plates.--

 7         (1)  The department shall issue one wrecker license

 8  plate, regardless of gross vehicle weight, to the owner of a

 9  wrecker any motor vehicle that is used to tow, carry, or

10  otherwise transport motor vehicles and that is equipped for

11  that purpose with a boom, winch, carrier, or other similar

12  equipment, except a motor vehicle registered under the

13  International Registration Plan, upon application and payment

14  of the appropriate license tax and fees in accordance with s.

15  320.08(5)(d) or (e). However, the department may issue or

16  renew a wrecker license plate only if the owner of the wrecker

17  is a wrecker company registered under chapter 508. This

18  section does not apply to a motor vehicle registered under the

19  International Registration Plan.

20         Section 12.  Paragraph (a) of subsection (1) of section

21  320.13, Florida Statutes, is amended to read:

22         320.13  Dealer and manufacturer license plates and

23  alternative method of registration.--

24         (1)(a)  Any licensed motor vehicle dealer and any

25  licensed mobile home dealer may, upon payment of the license

26  tax imposed by s. 320.08(12), secure one or more dealer

27  license plates, which are valid for use on motor vehicles or

28  mobile homes owned by the dealer to whom such plates are

29  issued while the motor vehicles are in inventory and for sale,

30  or while being operated in connection with such dealer's

31  business, but are not valid for use for hire. Dealer license

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 1  plates may not be used on any tow truck or wrecker as defined

 2  in s. 320.01 unless the tow truck or wrecker is being

 3  demonstrated for sale, and the dealer license plates may not

 4  be used on a vehicle used to transport another motor vehicle

 5  for the motor vehicle dealer.

 6         Section 13.  Effective January 1, 2006, section

 7  321.051, Florida Statutes, is amended to read:

 8         (Substantial rewording of section. See

 9         s. 321.051, F.S., for present text.)

10         321.051  Florida Highway Patrol wrecker allocation

11  system; penalties for operation outside of system.--

12         (1)  As used in this section, the term:

13         (a)  "Division" means the Division of the Florida

14  Highway Patrol within the Department of Highway Safety and

15  Motor Vehicles.

16         (b)  "Authorized wrecker company" means a wrecker

17  company designated by the division as part of its wrecker

18  allocation system.

19         (c)  "Unauthorized wrecker company" means a wrecker

20  company not designated by the division as part of its wrecker

21  allocation system.

22         (d)  "Wrecker company" has the same meaning ascribed in

23  s. 508.01.

24         (e)  "Wrecker operator" has the same meaning ascribed

25  in s. 508.01.

26         (f)  "Wrecker services" has the same meaning ascribed

27  in s. 508.01.

28         (2)(a)  The division may establish within areas

29  designated by the division a wrecker allocation system, using

30  qualified, reputable wrecker companies, for the removal from

31  crash scenes and the storage of wrecked or disabled vehicles

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 1  when the owner or operator is incapacitated, unavailable, or

 2  leaves the procurement of wrecker services to the officer at

 3  the scene and for the removal and storage of abandoned

 4  vehicles.

 5         (b)  The wrecker allocation system may use only wrecker

 6  companies registered under chapter 508. Each reputable wrecker

 7  company registered under chapter 508 is eligible for use in

 8  the system if its equipment and wrecker operators meet the

 9  recognized safety qualifications and mechanical standards set

10  by the division's rules for the size of vehicle they are

11  designed to handle. The division may limit the number of

12  wrecker companies participating in the wrecker allocation

13  system.

14         (c)  The division may establish maximum rates for the

15  towing and storage of vehicles removed at the division's

16  request if those rates are not established by a county or

17  municipality under s. 125.0103 or s. 166.043. These rates are

18  not rules for the purpose of chapter 120; however, the

19  Department of Highway Safety and Motor Vehicles shall adopt

20  rules prescribing the procedures for setting these rates.

21         (d)  Notwithstanding chapter 120, a final order of the

22  department denying, suspending, or revoking a wrecker

23  company's participation in the wrecker allocation system may

24  be appealed only in the manner and within the time provided by

25  the Florida Rules of Appellate Procedure by a writ of

26  certiorari issued by the circuit court in the county in which

27  the wrecker company's primary place of business is located, as

28  evidenced by the wrecker company's registration under chapter

29  508.

30         (3)(a)  An unauthorized wrecker company, its wrecker

31  operators, or its other employees or agents may not monitor a

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 1  police radio for communications between patrol field units and

 2  the dispatcher in order to determine the location of a wrecked

 3  or disabled vehicle for the purpose of dispatching its wrecker

 4  operator to drive by the scene of the vehicle in a manner

 5  described in paragraph (b) or paragraph (c). Any person who

 6  violates this paragraph commits a noncriminal violation,

 7  punishable as provided in s. 775.083.

 8         (b)  A wrecker operator dispatched by an unauthorized

 9  wrecker company may not drive by the scene of a wrecked or

10  disabled vehicle before the arrival of the wrecker operator

11  dispatched by the authorized wrecker company, initiate contact

12  with the owner or operator of the vehicle by soliciting or

13  offering wrecker services, or tow the vehicle. Any person who

14  violates this paragraph commits a misdemeanor of the second

15  degree, punishable as provided in s. 775.082 or s. 775.083.

16         (c)  When a wrecker operator dispatched by an

17  unauthorized wrecker company drives by the scene of a wrecked

18  or disabled vehicle and the owner or operator initiates

19  contact by signaling the wrecker operator to stop and provide

20  wrecker services, the wrecker operator must disclose to the

21  owner or operator of the vehicle that he or she was not

22  dispatched by the authorized wrecker company designated as

23  part of the wrecker allocation system and must disclose, in

24  writing, what charges for towing and storage will apply before

25  the vehicle is connected to the towing apparatus. Any person

26  who violates this paragraph commits a misdemeanor of the

27  second degree, punishable as provided in s. 775.082 or s.

28  775.083.

29         (d)  A wrecker operator may not falsely identify

30  himself or herself as being part of, or as being employed by a

31  wrecker company that is part of, the wrecker allocation system

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 1  at the scene of a wrecked or disabled vehicle. Any person who

 2  violates this paragraph commits a misdemeanor of the first

 3  degree, punishable as provided in s. 775.082 or s. 775.083.

 4         (4)  This section does not prohibit, or in any way

 5  prevent, the owner or operator of a vehicle involved in a

 6  crash or otherwise disabled from contacting any wrecker

 7  company for the provision of wrecker services, regardless of

 8  whether the wrecker company is an authorized wrecker company

 9  or not. However, if a law enforcement officer determines that

10  the disabled vehicle or vehicle cargo is a public safety

11  hazard, the officer may, in the interest of public safety,

12  dispatch an authorized wrecker company if the officer believes

13  that the authorized wrecker company would arrive at the scene

14  before the wrecker company requested by the owner or operator

15  of the disabled vehicle or vehicle cargo.

16         (5)  A law enforcement officer may dispatch an

17  authorized wrecker company out of rotation to the scene of a

18  wrecked or disabled vehicle if the authorized wrecker company

19  next on rotation is not equipped to provide the required

20  wrecker services and the out-of-rotation authorized wrecker

21  company is available with the required equipment. However,

22  this subsection does not prohibit or prevent the owner or

23  operator of a vehicle involved in a crash or otherwise

24  disabled from contacting any wrecker company who is properly

25  equipped to provide the required wrecker services, regardless

26  of whether the wrecker company is an authorized wrecker

27  company or not, unless the law enforcement officer determines

28  that the wrecked or disabled vehicle is a public safety hazard

29  and the officer believes that the authorized wrecker company

30  would arrive at the scene before the wrecker company requested

31  by the owner or operator.

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 1         Section 14.  Effective January 1, 2006, section

 2  323.001, Florida Statutes, is amended to read:

 3         (Substantial rewording of section. See

 4         s. 323.001, F.S., for present text.)

 5         323.001  Wrecker company storage facilities; vehicle

 6  holds.--

 7         (1)  As used in this section, the term:

 8         (a)  "Business day" means a day other than a Saturday,

 9  Sunday, or federal or state legal holiday.

10         (b)  "Wrecker company" has the same meaning ascribed in

11  s. 508.01.

12         (2)  A law enforcement agency may place a hold on a

13  motor vehicle stored within a wrecker company's storage

14  facility for 5 business days, thereby preventing a motor

15  vehicle from being released to its owner.

16         (3)  To extend a hold, the law enforcement agency must

17  notify the wrecker company in writing within the 5 business

18  days. If notification is not made within the 5 business days,

19  the wrecker company must release the vehicle to the designated

20  person under s. 713.78.

21         (a)  If the hold is extended beyond the 5 business

22  days, the law enforcement agency may have the vehicle removed

23  to a designated impound lot, in which event the vehicle may

24  not be released by the law enforcement agency to the owner or

25  lienholder of the vehicle until proof of payment of the towing

26  and storage charges incurred by the wrecker company is

27  presented to the law enforcement agency.

28         (b)  If the law enforcement agency chooses to have the

29  vehicle remain at the wrecker company's storage facility for

30  more than 5 business days under the written notification, the

31  law enforcement agency is responsible for paying the storage

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 1  charges incurred by the wrecker company for the requested

 2  extended period. In such an event, the owner or lienholder is

 3  responsible for paying the accrued towing and storage charges

 4  for the first 5 business days, or any period less than the

 5  first 5 business days, if the law enforcement agency moves the

 6  vehicle from the wrecker company's storage facility to a

 7  designated impound lot or provides written notification to

 8  extend the hold on the vehicle before the expiration of the 5

 9  business days.

10         (c)  The towing and storage rates for the owner or

11  lienholder of the held vehicle may not exceed the rates for

12  the law enforcement agency.

13         (4)  If there is a judicial finding of no probable

14  cause for having continued the immobilization or impoundment,

15  the law enforcement agency ordering the hold must pay the

16  accrued charges for any towing and storage.

17         (5)  The requirements for a written hold apply when the

18  following conditions are present:

19         (a)  The law enforcement officer has probable cause to

20  believe that the vehicle should be seized and forfeited under

21  the Florida Contraband Forfeiture Act, ss. 932.701-932.707;

22         (b)  The law enforcement officer has probable cause to

23  believe that the vehicle should be seized and forfeited under

24  chapter 370 or chapter 372;

25         (c)  The law enforcement officer has probable cause to

26  believe that the vehicle was used as the means of committing a

27  crime;

28         (d)  The law enforcement officer has probable cause to

29  believe that the vehicle is itself evidence that tends to show

30  that a crime has been committed or that the vehicle contains

31  

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 1  evidence, which cannot readily be removed, which tends to show

 2  that a crime has been committed;

 3         (e)  The law enforcement officer has probable cause to

 4  believe that the vehicle was involved in a traffic accident

 5  resulting in death or personal injury and should be sealed for

 6  investigation and collection of evidence by a vehicular

 7  homicide investigator;

 8         (f)  The vehicle is impounded or immobilized under s.

 9  316.193 or s. 322.34; or

10         (g)  The law enforcement officer is complying with a

11  court order.

12         (6)  The hold must be in writing and must specify:

13         (a)  The name and agency of the law enforcement officer

14  placing the hold on the vehicle;

15         (b)  The date and time the hold is placed on the

16  vehicle;

17         (c)  A general description of the vehicle, including

18  its color, make, model, body style, and year; VIN (Vehicle

19  Identification Number); registration license plate number,

20  state, and year; and validation sticker number, state, and

21  year;

22         (d)  The specific reason for placing the hold;

23         (e)  The condition of the vehicle;

24         (f)  The location where the vehicle is being held; and

25         (g)  The name, address, and telephone number of the

26  wrecker company and the storage facility.

27         (7)  A wrecker company's storage facility must comply

28  with a hold placed by a law enforcement officer, including

29  instructions for inside or outside storage. A wrecker

30  company's storage facility may not release a motor vehicle

31  

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 1  subject to a hold to any person except as directed by the law

 2  enforcement agency placing the hold.

 3         (8)  When a vehicle owner is found guilty of, or pleads

 4  nolo contendere to, the offense that resulted in a hold being

 5  placed on his or her vehicle, regardless of the adjudication

 6  of guilt, the owner must pay the accrued towing and storage

 7  charges assessed against the vehicle.

 8         Section 15.  Effective January 1, 2006, section

 9  323.002, Florida Statutes, is amended to read:

10         (Substantial rewording of section. See

11         s. 323.002, F.S., for present text.)

12         323.002  County and municipal wrecker allocation

13  systems; penalties for operation outside of system.--

14         (1)  As used in this section, the term:

15         (a)  "Authorized wrecker company" means a wrecker

16  company designated as part of the wrecker allocation system

17  established by the governmental unit having jurisdiction over

18  the scene of a wrecked or disabled vehicle.

19         (b)  "Unauthorized wrecker company" means a wrecker

20  company not designated as part of the wrecker allocation

21  system established by the governmental unit having

22  jurisdiction over the scene of a wrecked or disabled vehicle.

23         (c)  "Wrecker allocation system" means a system for the

24  towing or removal of wrecked, disabled, or abandoned vehicles,

25  similar to the Florida Highway Patrol wrecker allocation

26  system described in s. 321.051(2), under which a county or

27  municipality contracts with one or more wrecker companies

28  registered under chapter 508 for the towing or removal of

29  wrecked, disabled, or abandoned vehicles from accident scenes,

30  streets, or highways. Each wrecker allocation system must use

31  a method for apportioning the towing assignments among the

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 1  eligible wrecker companies through the creation of geographic

 2  zones, a rotation schedule, or a combination of these methods.

 3         (d)  "Wrecker company" has the same meaning ascribed in

 4  s. 508.01.

 5         (e)  "Wrecker operator" has the same meaning ascribed

 6  in s. 508.01.

 7         (f)  "Wrecker services" has the same meaning ascribed

 8  in s. 508.01.

 9         (2)  In a county or municipality that operates a

10  wrecker allocation system:

11         (a)  The wrecker allocation system may only use wrecker

12  companies registered under chapter 508.

13         (b)  An unauthorized wrecker company, its wrecker

14  operators, or its other employees or agents may not monitor a

15  police radio for communications between patrol field units and

16  the dispatcher in order to determine the location of a wrecked

17  or disabled vehicle for the purpose of dispatching its wrecker

18  operator to drive by the scene of the vehicle in a manner

19  described in paragraph (c) or paragraph (d). Any person who

20  violates this paragraph commits a noncriminal violation,

21  punishable as provided in s. 775.083.

22         (c)  A wrecker operator dispatched by an unauthorized

23  wrecker company may not drive by the scene of a wrecked or

24  disabled vehicle before the arrival of the wrecker operator

25  dispatched by the authorized wrecker company, initiate contact

26  with the owner or operator of the vehicle by soliciting or

27  offering wrecker services, or tow the vehicle. Any person who

28  violates this paragraph commits a misdemeanor of the second

29  degree, punishable as provided in s. 775.082 or s. 775.083.

30         (d)  When a wrecker operator dispatched by an

31  unauthorized wrecker company drives by the scene of a wrecked

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 1  or disabled vehicle and the owner or operator initiates

 2  contact by signaling the wrecker operator to stop and provide

 3  wrecker services, the wrecker operator must disclose to the

 4  owner or operator of the vehicle that he or she was not

 5  dispatched by the authorized wrecker company designated as

 6  part of the wrecker allocation system and must disclose, in

 7  writing, what charges for towing and storage will apply before

 8  the vehicle is connected to the towing apparatus. Any person

 9  who violates this paragraph commits a misdemeanor of the

10  second degree, punishable as provided in s. 775.082 or s.

11  775.083.

12         (e)  A wrecker operator may not falsely identify

13  himself or herself as being part of, or as being employed by a

14  wrecker company that is part of, the wrecker allocation system

15  at the scene of a wrecked or disabled vehicle. Any person who

16  violates this paragraph commits a misdemeanor of the first

17  degree, punishable as provided in s. 775.082 or s. 775.083.

18         (3)  This section does not prohibit, or in any way

19  prevent, the owner or operator of a vehicle involved in a

20  crash or otherwise disabled from contacting any wrecker

21  company for the provision of wrecker services, regardless of

22  whether the wrecker company is an authorized wrecker company

23  or not. However, if a law enforcement officer determines that

24  the disabled vehicle or vehicle cargo is a public safety

25  hazard, the officer may, in the interest of public safety,

26  dispatch an authorized wrecker company if the officer believes

27  that the authorized wrecker company would arrive at the scene

28  before the wrecker company requested by the owner or operator

29  of the disabled vehicle or vehicle cargo.

30         (4)  A law enforcement officer may dispatch an

31  authorized wrecker company out of rotation to the scene of a

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 1  wrecked or disabled vehicle if the authorized wrecker company

 2  next on rotation is not equipped to provide the required

 3  wrecker services and the out-of-rotation authorized wrecker

 4  company is available with the required equipment. However,

 5  this subsection does not prohibit or prevent the owner or

 6  operator of a vehicle involved in a crash or otherwise

 7  disabled from contacting any wrecker company that is properly

 8  equipped to provide the required wrecker services, regardless

 9  of whether the wrecker company is an authorized wrecker

10  company or not, unless the law enforcement officer determines

11  that the wrecked or disabled vehicle is a public safety hazard

12  and the officer believes that the authorized wrecker company

13  would arrive at the scene before the wrecker company requested

14  by the owner or operator.

15         Section 16.  Chapter 508, Florida Statutes, consisting

16  of sections 508.01, 508.02, 508.03, 508.04, 508.05, 508.06,

17  508.061, 508.07, 508.08, 508.09, 508.10, 508.11, 508.12,

18  508.13, 508.14, 508.15, 508.16, 508.17, 508.18, 508.19, and

19  508.20, Florida Statutes, is created to read:

20                           CHAPTER 508

21                         WRECKER SERVICES

22         508.01  Definitions.--As used in this chapter, the

23  term:

24         (1)  "Business entity" means any form of corporation,

25  limited liability company, partnership, association,

26  cooperative, joint venture, business trust, sole

27  proprietorship, or self-employed person conducting business in

28  this state.

29         (2)  "Council" means the Wrecker Operator Advisory

30  Council.

31  

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 1         (3)  "Department" means the Department of Agriculture

 2  and Consumer Services.

 3         (4)  "Specialized wrecker services" means those wrecker

 4  services described in s. 508.08 for which a wrecker operator

 5  must have an endorsement to perform those services.

 6         (5)  "Ultimate equitable owner" means a natural person

 7  who, directly or indirectly, owns or controls 10 percent or

 8  more of an ownership interest in a wrecker company, regardless

 9  of whether the natural person owns or controls the ownership

10  interest through one or more natural persons or one or more

11  proxies, powers of attorney, nominees, business entities, or

12  any combination thereof.

13         (6)  "Vehicle" means any vehicle of a type that may be

14  registered under chapter 320 for operation on the roads of

15  this state, regardless of whether the vehicle is actually

16  registered. The term does not include a mobile home or

17  manufactured home as defined in s. 320.01.

18         (7)  "Vessel" means every description of watercraft,

19  barge, and air boat used or capable of being used as a means

20  of transportation on water, other than a seaplane or a

21  "documented vessel" as defined in s. 327.02.

22         (8)  "Wrecker" has the same meaning ascribed in s.

23  320.01.

24         (9)  "Wrecker company" means a business entity engaged

25  for hire in the business of towing, carrying, or transporting

26  vehicles or vessels by wrecker upon the streets and highways

27  of this state. The term does not include a person regularly

28  engaged in the business of transporting mobile homes.

29         (10)  "Wrecker operator" means a person who performs

30  wrecker services.

31  

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 1         (11)  "Wrecker services" means towing, carrying, or

 2  otherwise transporting vehicles or vessels by wrecker upon the

 3  streets and highways of this state for hire. The term

 4  includes, but is not limited to, each of the following:

 5         (a)  Driving a wrecker.

 6         (b)  Loading, securing, and unloading a vehicle or

 7  vessel on a wrecker using a boom, winch, car carrier, or other

 8  similar equipment.

 9         (c)  Towing or removal of a wrecked, disabled, or

10  abandoned vehicle under the Florida Highway Patrol wrecker

11  allocation system pursuant to s. 321.051 or under a county or

12  municipal wrecker allocation system pursuant to s. 323.002.

13         (d)  Towing, recovery, or removal of a vehicle or

14  vessel under s. 713.78.

15         (e)  Towing, transportation, or removal of a vehicle or

16  vessel parked on real property without permission under s.

17  715.07.

18         (f)  Recovery of a vehicle or vessel.

19         508.02  Wrecker Operator Advisory Council.--

20         (1)  The Wrecker Operator Advisory Council is created

21  within the department. The council shall advise and assist the

22  department in administering this chapter.

23         (2)(a)  The council shall be composed of seven members

24  appointed by the Commissioner of Agriculture. One member must

25  be an officer of an organization whose members are engaged in

26  towing or transporting vehicles, vessels, or mobile homes.

27         (b)  Three members of the council must each be an

28  ultimate equitable owner of a wrecker company who has been an

29  ultimate equitable owner of that company for at least 5 years

30  before his or her appointment; one member must be a wrecker

31  operator who is not an ultimate equitable owner of a wrecker

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 1  company and who has been a wrecker operator for at least 5

 2  years before his or her appointment; and two members must be

 3  laypersons. Each member must be a resident of this state. This

 4  paragraph expires July 1, 2011.

 5         (c)  Effective July 1, 2011, three members of the

 6  council must each be an ultimate equitable owner of a wrecker

 7  company registered under this chapter who has been an ultimate

 8  equitable owner of that company registered for at least 5

 9  years before his or her appointment; one member must be a

10  wrecker operator certified under this chapter who is not an

11  ultimate equitable owner of a wrecker company and who has been

12  a wrecker operator certified for at least 5 years before his

13  or her appointment; and two members must be laypersons. Each

14  member must be a resident of this state.

15         (3)  The term of each member of the council is 4 years,

16  except, to establish staggered terms, two members who are

17  owners of wrecker companies and one layperson shall be

18  appointed initially for a 2-year term. Members may be

19  reappointed for additional terms not to exceed 8 years of

20  consecutive service. A vacancy shall be filled for the

21  remainder of the unexpired term in the same manner as the

22  original appointment.

23         (4)(a)  From among its members, the council shall

24  annually elect a chair, who shall preside over the meetings of

25  the council, and a vice chair.

26         (b)  In conducting its meetings, the council shall use

27  accepted rules of procedure. The department shall keep a

28  complete record of each meeting which must show the names of

29  members present and the actions taken. These records and other

30  documents about matters within the jurisdiction of the council

31  must be kept on file with the department.

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 1         (5)  The members of the council shall serve without

 2  compensation but are entitled to reimbursement of travel and

 3  per diem expenses under s. 112.061.

 4         (6)  The department shall provide administrative and

 5  staff support services relating to the functions of the

 6  council.

 7         (7)  The council shall review the rules adopted by the

 8  department to administer this chapter and shall advise the

 9  department on matters relating to industry standards and

10  practices and other issues that require technical expertise

11  and consultation or that promote better consumer protection in

12  the wrecker industry.

13         508.03  Rulemaking authority.--The department may adopt

14  rules under ss. 120.536(1) and 120.54 to administer this

15  chapter.

16         508.04  Wrecker companies; registration

17  required.--Effective January 1, 2006:

18         (1)  A person may not own, operate, solicit business,

19  advertise wrecker services, or otherwise engage for hire in

20  the business of a wrecker company in this state unless that

21  person is registered with the department under this chapter.

22         (2)  A person applying for or renewing a local

23  occupational license to engage for hire in the business of a

24  wrecker company must exhibit a current registration

25  certificate from the department before the local occupational

26  license may be issued or reissued under chapter 205.

27         (3)  This section does not apply to a motor vehicle

28  repair shop registered with the department under s. 559.904

29  which derives at least 80 percent of its gross sales from

30  motor vehicle repairs, or to any franchised motor vehicle

31  

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 1  dealers licensed pursuant to s. 320.27 when wrecker services

 2  are incidental to the operation of the franchise.

 3         508.05  Registration requirements; renewal of

 4  registrations.--

 5         (1)  Each wrecker company engaged or attempting to

 6  engage for hire in the business of towing, carrying, or

 7  transporting vehicles, vessels, or mobile homes by wrecker

 8  upon the streets and highways of this state must annually

 9  register with the department on forms prescribed by the

10  department. The application for registration must include at

11  least the following information:

12         (a)  The name and federal employer identification

13  number of the wrecker company.

14         (b)  The mailing address, physical address, and

15  telephone number of the wrecker company's primary place of

16  business.

17         (c)  The fictitious name under which the wrecker

18  company transacts business in this state.

19         (d)  The full name, residence address, business

20  address, and telephone number of the applicant. If the

21  applicant is other than a natural person, the application must

22  also contain the full name, residence address, business

23  address, telephone number, and federal employer identification

24  number, if applicable, of each ultimate equitable owner of the

25  business entity and each officer, director, partner, manager,

26  member, or managing member of the entity.

27         (e)  If the applicant is other than a natural person,

28  the full name of the business entity's registered agent and

29  the address of the registered office for service of process.

30  

31  

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 1         (f)  The physical address and telephone number of each

 2  business location and each storage facility where the wrecker

 3  company stores towed vehicles, vessels, or mobile homes.

 4         (2)  Each initial and renewal application for

 5  registration must be accompanied by the registration fee

 6  prescribed in s. 508.16.

 7         (3)  Each initial application for registration must be

 8  accompanied by a complete set of the applicant's fingerprints

 9  taken by a law enforcement agency. If the applicant is other

10  than a natural person, a complete set of fingerprints must

11  also be filed for each ultimate equitable owner of the

12  business entity and each officer, director, partner, manager,

13  member, or managing member of the entity. The department shall

14  submit the fingerprints to the Department of Law Enforcement

15  for state processing, and the Department of Law Enforcement

16  shall forward the fingerprints to the Federal Bureau of

17  Investigation for national processing. The Department of

18  Agriculture and Consumer Services shall collect from each

19  applicant the fingerprint processing fee of $23 for state

20  processing and an additional fee for federal processing for

21  each applicant's name submitted. The Department of Agriculture

22  and Consumer Services shall screen background results to

23  determine if the applicant meets the requirements for issuance

24  of a registration certificate. Registration renewal

25  applications need not be accompanied by a set of fingerprints

26  for an individual who previously submitted a set of

27  fingerprints to the department as part of a prior year's

28  registration application.

29         (4)  The department shall review each application in

30  accordance with s. 120.60 and shall issue a registration

31  certificate, in the form and size prescribed by the

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 1  department, to each wrecker company whose application is

 2  approved. The certificate must show at least the name and

 3  address of the wrecker company and the registration number.

 4  The registration certificate must be prominently displayed in

 5  the wrecker company's primary place of business.

 6         (5)  Each advertisement of a wrecker company must

 7  include the phrase "Fla. Wrecker Co. Reg. No.     ." For the

 8  purpose of this subsection, the term "advertisement" means a

 9  printed or graphic statement made in a newspaper or other

10  publication or contained in any notice, handbill, or sign,

11  including signage on a vehicle, flyer, catalog, or letter.

12         (6)  A registration is invalid for a wrecker company

13  transacting business at a place other than the location

14  designated in the registration application unless the

15  department is first notified in writing before the change of

16  location. A registration issued under this chapter is not

17  transferable or assignable, and a wrecker company may not

18  conduct business under a name other than as registered. A

19  wrecker company desiring to change its registered name,

20  location, or registered agent for service of process at a time

21  other than upon renewal of registration must notify the

22  department of the change.

23         (7)(a)  Each registration must be renewed annually on

24  or before the expiration date of the current registration. A

25  late fee of $25 must be paid, in addition to the registration

26  fee or any other penalty, for a registration renewal

27  application that is received by the department after the

28  expiration date of the current registration. The department

29  may not issue a registration until all fees are paid.

30         (b)  A wrecker company whose primary place of business

31  is located within a county or municipality that requires, by

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 1  local ordinance, a local occupational license under chapter

 2  205 may not renew a license under this chapter unless the

 3  wrecker company obtains the occupational license from the

 4  county or municipality.

 5         (8)  Each wrecker company must provide the department

 6  with a certificate of insurance for the required insurance

 7  coverage under s. 627.7415 before the department may issue the

 8  registration certificate for an initial or renewal

 9  registration. The department must be named as a

10  certificateholder on the insurance certificate and must be

11  notified at least 30 days before any change in insurance

12  coverage.

13         (9)  The department shall notify the Department of

14  Highway Safety and Motor Vehicles when a registration issued

15  under this chapter has been suspended or revoked by order of

16  the department. Notification must be sent within 10 days after

17  the department issues the suspension or revocation order.

18         508.06  Denial of registration.--The department may

19  deny, revoke, or refuse to renew the registration of a wrecker

20  company based upon a determination that the applicant or, if

21  the applicant is other than a natural person, the wrecker

22  company or any of its ultimate equitable owners, officers,

23  directors, partners, managers, members, or managing members

24  has:

25         (1)  Not met the requirements for registration under

26  this chapter;

27         (2)  Been convicted of, found guilty of, or pled guilty

28  or nolo contendere to, regardless of the adjudication of

29  guilt, a felony within the last 7 years;

30         (3)  Been convicted of, found guilty of, or pled guilty

31  or nolo contendere to, regardless of the adjudication of

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 1  guilt, a crime within the last 7 years involving repossession

 2  of a motor vehicle under chapter 493; repair of a motor

 3  vehicle under ss. 559.901-559.9221; theft of a motor vehicle

 4  under s. 812.014; carjacking under s. 812.133; operation of a

 5  chop shop under s. 812.16; failure to maintain records of

 6  motor vehicle parts and accessories under s. 860.14; airbag

 7  theft or use of fake airbags under s. 860.145 or s. 860.146;

 8  overcharging for repairs and parts under s. 860.15; or a

 9  violation of towing or storage requirements for a motor

10  vehicle under s. 321.051, chapter 323, s. 713.78, s. 715.07,

11  or this chapter;

12         (4)  Not satisfied a civil fine or penalty arising out

13  of an administrative or enforcement action brought by the

14  department, another governmental agency, or a private person

15  based upon conduct involving a violation of this chapter;

16         (5)  Pending against him or her a criminal,

17  administrative, or enforcement proceeding in any jurisdiction

18  based upon conduct involving a violation of this chapter; or

19         (6)  An administrative order entered against him or her

20  in an action brought by the department under this chapter.

21         508.061  Acceptable forms of payment.--A wrecker

22  company shall accept a minimum of two of the following forms

23  of payment:

24         (1)  Cash, cashier's check, money order, or traveler's

25  check;

26         (2)  Valid personal check, showing upon its face the

27  name and address of the vehicle or vessel owner or authorized

28  representative; or

29         (3)  Valid credit card, which shall include, but not be

30  limited to, Visa or MasterCard.

31         508.07  Wrecker operator certification program.--

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 1         (1)  The department, in consultation with the council,

 2  shall establish a wrecker operator certification program by

 3  December 31, 2005. Under this program, the council shall

 4  approve certification courses for wrecker operators conducted

 5  by approved organizations. The council shall prescribe the

 6  minimum curricula for these courses, which must comprise at

 7  least 16 hours, equally apportioned between theoretical

 8  instruction and practical training. The council must approve

 9  each organization and its certification course before the

10  course is accepted for certification of wrecker operators

11  under this chapter.

12         (2)  Each approved wrecker operator certification

13  course must include a certification examination demonstrating

14  a wrecker operator's knowledge, skills, and abilities in

15  performing wrecker services and in the instruction and

16  training of the certification course. The council must approve

17  each certification examination before the examination is

18  accepted for certification of wrecker operators under this

19  chapter.

20         (3)  Each organization conducting an approved wrecker

21  operator certification course must issue on forms prescribed

22  by the department a certificate to each wrecker operator who

23  completes the approved certification course or who passes the

24  approved certification examination.

25         508.08  Specialized wrecker services.--

26         (1)  In addition to the minimum curricula for

27  certification of wrecker operators, each approved

28  certification course must offer optional instruction,

29  training, and examination of wrecker operators for each of the

30  following specialized wrecker services:

31  

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 1         (a)  Light duty.--Towing and winching a passenger

 2  vehicle, and uprighting such an overturned vehicle, including

 3  the proper use of chains, wire rope, and straps.

 4         (b)  Medium duty.--Towing and winching a medium-sized

 5  commercial vehicle, and uprighting such an overturned vehicle.

 6         (c)  Heavy duty.--Towing and winching a standard

 7  large-sized commercial vehicle, and uprighting such an

 8  overturned vehicle.

 9         (d)  Ultra-heavy duty.--Towing and winching a specialty

10  large-sized commercial vehicle or another complex vehicle, and

11  uprighting such an overturned vehicle.

12         (e)  Rollback wrecker.--Proper loading, securing,

13  transporting, and unloading of a vehicle on a flatbed-rollback

14  wrecker.

15         (f)  Hazardous materials.--Awareness of hazardous

16  materials. Instruction and training for this wrecker service

17  must comprise at least 8 hours in order to be approved.

18         (g)  Air cushions.--Proper use of air cushions in the

19  recovery of a heavy-duty vehicle.

20         (2)  The department shall adopt rules prescribing

21  specific standards to further define each of the specialized

22  wrecker services described in subsection (1). The council must

23  approve the instruction, training, and examination for a

24  specialized wrecker service before the specialized wrecker

25  service is accepted for endorsement of a wrecker operator's

26  certification under this chapter.

27         (3)  Each organization conducting an approved wrecker

28  operator certification course must issue on forms prescribed

29  by the department a certificate to each wrecker operator who

30  completes the approved instruction and training for a

31  

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 1  specialized wrecker service or who passes the approved

 2  endorsement examination for that specialized wrecker service.

 3         508.09  Certification cards.--

 4         (1)  Each organization conducting an approved wrecker

 5  operator certification course must issue a certification card

 6  to each wrecker operator who completes the approved

 7  certification course and passes the approved certification

 8  examination. The department must approve the form of the

 9  certification cards issued by each organization. Each

10  certification card must include the wrecker operator's name, a

11  color photograph or digital image of the wrecker operator, and

12  the expiration date of the certification card.

13         (2)  Each certification card must also include the

14  wrecker operator's applicable endorsements for specialized

15  wrecker services, for which the wrecker operator completed the

16  approved instruction and training for the specialized wrecker

17  service and passed the approved endorsement examination for

18  that specialized wrecker service.

19         (3)  The department may adopt rules governing the

20  issuance of a certification card to a wrecker operator who:

21         (a)  Completes a certification course and passes a

22  certification examination in another state which are

23  substantially equivalent to the approved certification courses

24  and approved certification examinations in this state.

25         (b)  Completed a certification course and passed a

26  certification examination in this state between January 1,

27  2000, and December 31, 2005, which are substantially

28  equivalent to the approved certification courses and the

29  approved certification examinations. This paragraph expires

30  July 1, 2006.

31  

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 1         (c)  Completed instruction and training for a

 2  specialized wrecker service and passed an endorsement

 3  examination for that specialized wrecker service between

 4  January 1, 2000, and December 31, 2005, which are

 5  substantially equivalent to the approved instruction and

 6  training and the approved endorsement examinations. This

 7  paragraph expires July 1, 2006.

 8  

 9  For the purposes of this subsection, the council shall approve

10  each certification examination in another state, and shall

11  approve the instruction, training, and examination for each

12  specialized wrecker service in another state, which the

13  council determines are substantially equivalent to the

14  approved certification courses and approved certification

15  examinations in this state or to the approved instruction,

16  training, and endorsement examinations for a specialized

17  wrecker service in this state.

18         (4)  Each certification card expires 5 years after the

19  date of issuance.

20         (5)  Certification cards shall be issued by the

21  organizations conducting approved wrecker operator

22  certification courses. The department is not responsible for

23  issuing certification cards or for the costs associated with

24  the issuance of certification cards.

25         508.10  Wrecker operators; certification required;

26  inspection of employment records.--Effective January 1, 2006:

27         (1)  A person may not perform wrecker services in this

28  state unless he or she is an employee or ultimate equitable

29  owner of a wrecker company that is registered with the

30  department under this chapter and those wrecker services are

31  performed on behalf of the wrecker company.

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 1         (2)(a)  A person may not perform wrecker services or

 2  specialized wrecker services for a wrecker company for more

 3  than 6 months after first being employed by, or becoming an

 4  ultimate equitable owner of, the wrecker company without being

 5  certified as a wrecker operator under this chapter.

 6         (b)  A wrecker operator certified under this chapter

 7  may not perform a specialized wrecker service for a wrecker

 8  company unless the wrecker operator's certification includes

 9  an endorsement for that specialized wrecker service.

10         (3)(a)  Notwithstanding subsections (1) and (2), a

11  person may perform wrecker services or specialized wrecker

12  services in this state if he or she is an employee or ultimate

13  equitable owner of a motor vehicle repair shop registered with

14  the department under s. 559.904 and those wrecker services or

15  specialized wrecker services are performed on behalf of the

16  motor vehicle repair shop.

17         (b)  Notwithstanding subsections (1) and (2), a person

18  may perform wrecker services or specialized wrecker services

19  in this state if those wrecker services or specialized wrecker

20  services are performed on behalf of a religious organization

21  that holds a current exemption from federal taxation or that

22  is not required to apply for recognition of its exemption,

23  under s. 501 of the Internal Revenue Code.

24         (4)  The department may, at any time during business

25  hours, enter any business location of a wrecker company and

26  examine the company's books or records. If the department has

27  reason to believe that a violation of this chapter has

28  occurred or is occurring, the department may subpoena any

29  necessary books or records.

30         508.11  Renewal of certification; continuing education

31  requirements.--

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 1         (1)  The department, in consultation with the council,

 2  shall establish a continuing education program for the

 3  recertification of wrecker operators by December 31, 2007. In

 4  order to renew a wrecker operator's certification card, an

 5  operator must complete a continuing education course. The

 6  council must prescribe the minimum curricula and proper

 7  examination for each continuing education course, each of

 8  which must be at least 8 hours in length. The council shall

 9  approve each organization, and the continuing education course

10  it proposes to offer, before the course is approved for

11  recertifying wrecker operators.

12         (2)  Each organization conducting an approved wrecker

13  operator continuing education course must issue, on forms

14  prescribed by the department, a certificate to each wrecker

15  operator who completes the approved course or who passes an

16  approved recertification examination.

17         508.12  Prohibited acts.--It is a violation of this

18  chapter for a person to:

19         (1)  Charge rates that exceed the maximum rates imposed

20  by the ordinances of the respective county or municipality

21  under ss. 125.0103(1)(c) and 166.043(1)(c).

22         (2)  Violate s. 321.051, relating to the Florida

23  Highway Patrol wrecker allocation system.

24         (3)  Violate s. 323.002, relating to county and

25  municipal wrecker allocation systems.

26         (4)  Violate s. 713.78, relating to liens for

27  recovering, towing, or storing vehicles and vessels.

28         (5)  Violate s. 715.07, relating to towing or removing

29  vehicles and vessels parked on real property without

30  permission.

31  

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 1         (6)  Refuse to allow a law enforcement officer to

 2  inspect a towing and storage facility, as required in s.

 3  812.055.

 4         (7)  Allow a person who is not certified as a wrecker

 5  operator under this chapter to perform wrecker services or

 6  specialized wrecker services for the wrecker company for more

 7  than 6 months after first being employed by, or becoming an

 8  ultimate equitable owner of, the wrecker company.

 9         (8)  Allow a wrecker operator certified under this

10  chapter to perform a specialized wrecker service for the

11  wrecker company if the wrecker operator's certification does

12  not include an endorsement for that specialized wrecker

13  service.

14         (9)  Perform an act otherwise prohibited by this

15  chapter or fail to perform an act otherwise required by this

16  chapter.

17         508.13  Administrative penalties; inspection of

18  records.--

19         (1)  The department may order one or more of the

20  following if the department finds that a person has violated

21  this chapter or the rules or orders issued under this chapter:

22         (a)  Issue a notice of noncompliance under s. 120.695.

23         (b)  Impose an administrative fine not to exceed $5,000

24  for each act or omission.

25         (c)  Direct the person to cease and desist specified

26  activities.

27         (d)  Refuse to register the wrecker company or suspend

28  or revoke the wrecker company's registration.

29         (e)  Place the wrecker company on probation for a

30  period of time, subject to the conditions specified by the

31  department.

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 1         (2)  Chapter 120 shall govern an administrative

 2  proceeding resulting from an order imposing a penalty

 3  specified in subsection (1).

 4         508.14  Civil penalties.--The department may bring a

 5  civil action in a court of competent jurisdiction to recover

 6  any penalties or damages allowed in this chapter and for

 7  injunctive relief to enforce compliance with this chapter. The

 8  department may seek a civil penalty of up to $5,000 for each

 9  violation of this chapter and may seek restitution for and on

10  behalf of any owner of a vehicle, vessel, or mobile home who

11  is aggrieved or injured by a violation of this chapter.

12         508.15  Criminal penalties.--Effective July 1, 2006:

13         (1)  A person who violates s. 508.04(1) by operating a

14  wrecker company in this state without being registered with

15  the department under this chapter commits a felony of the

16  third degree, punishable as provided in s. 775.082, s.

17  775.083, or s. 775.084.

18         (2)  A person who violates s. 508.10(1) by performing

19  wrecker services in this state without being an employee or

20  ultimate equitable owner of a wrecker company that is

21  registered with the department under this chapter commits a

22  felony of the third degree, punishable as provided in s.

23  775.082, s. 775.083, or s. 775.084.

24         508.16  Fees.--The department shall adopt by rule a fee

25  schedule, not to exceed the following amounts:

26         (1)  Wrecker company registration fee: $515.

27         (2)  Wrecker company registration renewal fee: $515.

28         508.17  General Inspection Trust Fund; payments.--All

29  fees, penalties, or other funds collected by the department

30  under this chapter must be deposited in the General Inspection

31  

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 1  Trust Fund and may only be used for the purpose of

 2  administering this chapter.

 3         508.18  Recovery agents; exemption.--This chapter does

 4  not apply to a person licensed under chapter 493 performing

 5  repossession services.

 6         508.19  County and municipal ordinances.--A county or

 7  municipality may enact ordinances governing the business of

 8  transporting vehicles or vessels by wrecker which are more

 9  restrictive than this chapter. This section does not limit the

10  authority of a political subdivision to impose regulatory fees

11  or charges or to levy occupational license taxes under chapter

12  205. The department may enter into a cooperative agreement

13  with any county or municipality that provides for the

14  referral, investigation, and prosecution of consumer

15  complaints alleging violations of this act.  The department is

16  authorized to delegate enforcement of this act to any county

17  or municipality entering into a cooperative agreement.

18         508.20  Records.--

19         (1)  Each wrecker company shall maintain records of its

20  wrecker services for at least 12 months. These records shall

21  be maintained at the wrecker company's principal place of

22  business.

23         (2)  Each wrecker company shall maintain records on

24  each of its wrecker operators sufficient to demonstrate that

25  the operator has successfully completed an approved wrecker

26  operator certification course or an approved wrecker operator

27  continuing education course and is certified to perform

28  wrecker services. These records shall be maintained at the

29  wrecker company's principal place of business for as long as

30  the operator is employed by the wrecker company and for at

31  least 6 months thereafter.

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 1         (3)  Each organization approved to conduct a wrecker

 2  operator certification course or approved to offer a wrecker

 3  operator continuing education course shall maintain records on

 4  each person who successfully completes one of the courses. The

 5  records shall be maintained at the organization's principal

 6  place of business for at least 5 years. The department may, at

 7  any time during normal business hours, enter the

 8  organization's principal place of business to examine the

 9  records.

10         Section 17.  Subsections (2), (4), (5), (6), (7), (10),

11  (11), and (13) of section 713.78, Florida Statutes, are

12  amended to read:

13         713.78  Liens for recovering, towing, or storing

14  vehicles and vessels.--

15         (2)  Whenever a person regularly engaged in the

16  business of transporting vehicles or vessels by wrecker, tow

17  truck, or car carrier recovers, removes, or stores a vehicle

18  or, vessel, or mobile home upon instructions from:

19         (a)  The owner thereof; or

20         (b)  The owner or lessor, or a person authorized by the

21  owner or lessor, of property on which such vehicle or vessel

22  is wrongfully parked, and the such removal is done in

23  compliance with s. 715.07; or

24         (c)  Any law enforcement agency; or

25         (d)  A mobile home park owner as defined in s. 723.003

26  who has a current writ of possession for a mobile home lot

27  pursuant to s. 723.061,

28  

29  she or he shall have a lien on the such vehicle or vessel for

30  a reasonable towing fee and for a reasonable storage fee;

31  

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 1  except that no storage fee shall be charged if the such

 2  vehicle is stored for less than 6 hours.

 3         (4)(a)  Any person regularly engaged in the business of

 4  recovering, towing, or storing vehicles or vessels who comes

 5  into possession of a vehicle or vessel pursuant to subsection

 6  (2), and who claims a lien for recovery, towing, or storage

 7  services, shall give notice to the registered owner, the

 8  insurance company insuring the vehicle notwithstanding the

 9  provisions of s. 627.736, and to all persons claiming a lien

10  thereon, as disclosed by the records in the Department of

11  Highway Safety and Motor Vehicles or of a corresponding agency

12  in any other state.

13         (b)  Whenever any law enforcement agency authorizes the

14  removal of a vehicle or vessel or whenever any towing service,

15  garage, repair shop, or automotive service, storage, or

16  parking place notifies the law enforcement agency of

17  possession of a vehicle or vessel pursuant to s.

18  715.07(2)(a)2., the applicable law enforcement agency shall

19  contact the Department of Highway Safety and Motor Vehicles,

20  or the appropriate agency of the state of registration, if

21  known, within 24 hours through the medium of electronic

22  communications, giving the full description of the vehicle or

23  vessel. Upon receipt of the full description of the vehicle or

24  vessel, the department shall search its files to determine the

25  owner's name, the insurance company insuring the vehicle or

26  vessel, and whether any person has filed a lien upon the

27  vehicle or vessel as provided in s. 319.27(2) and (3) and

28  notify the applicable law enforcement agency within 72 hours.

29  The person in charge of the towing service, garage, repair

30  shop, or automotive service, storage, or parking place shall

31  obtain such information from the  applicable law enforcement

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 1  agency within 5 days after from the date of storage and shall

 2  give notice pursuant to paragraph (a). The department may

 3  release the insurance company information to the requestor

 4  notwithstanding the provisions of s. 627.736.

 5         (c)  Notice by certified mail, return receipt

 6  requested, shall be sent within 7 business days after the date

 7  of storage of the vehicle or vessel to the registered owner,

 8  the insurance company insuring the vehicle notwithstanding the

 9  provisions of s. 627.736, and all persons of record claiming a

10  lien against the vehicle or vessel.  It shall state the fact

11  of possession of the vehicle or vessel, that a lien as

12  provided in subsection (2) is claimed, that charges have

13  accrued and the amount thereof, that the lien is subject to

14  enforcement pursuant to law, and that the owner or lienholder,

15  if any, has the right to a hearing as set forth in subsection

16  (5), and that any vehicle or vessel which remains unclaimed,

17  or for which the charges for recovery, towing, or storage

18  services remain unpaid, may be sold free of all prior liens

19  after 35 days if the vehicle or vessel is more than 3 years of

20  age or after 50 days if the vehicle or vessel is 3 years of

21  age or less.

22         (d)  If attempts to locate the name and address of the

23  owner or lienholder prove unsuccessful, the towing-storage

24  operator shall, after 7 working days, excluding Saturday and

25  Sunday, of the initial tow or storage, notify the public

26  agency of jurisdiction in writing by certified mail or

27  acknowledged hand delivery that the towing-storage company has

28  been unable to locate the name and address of the owner or

29  lienholder and a physical search of the vehicle or vessel has

30  disclosed no ownership information and a good faith effort has

31  been made. For purposes of this paragraph and subsection (9),

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 1  "good faith effort" means that the following checks have been

 2  performed by the company to establish prior state of

 3  registration and for title:

 4         1.  Check of vehicle or vessel for any type of tag, tag

 5  record, temporary tag, or regular tag.

 6         2.  Check of law enforcement report for tag number or

 7  other information identifying the vehicle or vessel, if the

 8  vehicle or vessel was towed at the request of a law

 9  enforcement officer.

10         3.  Check of trip sheet or tow ticket of tow truck

11  operator to see if a tag was on vehicle or vessel at beginning

12  of tow, if private tow.

13         4.  If there is no address of the owner on the impound

14  report, check of law enforcement report to see if an

15  out-of-state address is indicated from driver license

16  information.

17         5.  Check of vehicle or vessel for inspection sticker

18  or other stickers and decals that may indicate a state of

19  possible registration.

20         6.  Check of the interior of the vehicle or vessel for

21  any papers that may be in the glove box, trunk, or other areas

22  for a state of registration.

23         7.  Check of vehicle for vehicle identification number.

24         8.  Check of vessel for vessel registration number.

25         9.  Check of vessel hull for a hull identification

26  number which should be carved, burned, stamped, embossed, or

27  otherwise permanently affixed to the outboard side of the

28  transom or, if there is no transom, to the outmost seaboard

29  side at the end of the hull that bears the rudder or other

30  steering mechanism.

31  

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 1         (5)(a)  The owner of a vehicle or vessel removed

 2  pursuant to the provisions of subsection (2), or any person

 3  claiming a lien, other than the towing-storage operator,

 4  within 10 days after the time she or he has knowledge of the

 5  location of the vehicle or vessel, may file a complaint in the

 6  county court of the county in which the vehicle or vessel is

 7  stored or in which the owner resides to determine if her or

 8  his property was wrongfully taken or withheld from her or him.

 9         (b)  Upon filing of a complaint, an owner or lienholder

10  may have her or his vehicle or vessel released upon posting

11  with the court a cash or surety bond or other adequate

12  security equal to the amount of the charges for towing or

13  storage and lot rental amount to ensure the payment of such

14  charges in the event she or he does not prevail.  Upon the

15  posting of the bond and the payment of the applicable fee set

16  forth in s. 28.24, the clerk of the court shall issue a

17  certificate notifying the lienor of the posting of the bond

18  and directing the lienor to release the vehicle or vessel. At

19  the time of such release, after reasonable inspection, she or

20  he shall give a receipt to the towing-storage company reciting

21  any claims she or he has for loss or damage to the vehicle or

22  vessel or the contents thereof.

23         (c)  Upon determining the respective rights of the

24  parties, the court may award damages, attorney's fees, and

25  costs in favor of the prevailing party.  In any event, the

26  final order shall provide for immediate payment in full of

27  recovery, towing, and storage fees by the vehicle or vessel

28  owner or lienholder; or the agency ordering the tow; or the

29  owner, lessee, or agent thereof of the property from which the

30  vehicle or vessel was removed.

31  

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 1         (6)  Any vehicle or vessel which is stored pursuant to

 2  subsection (2) and which remains unclaimed, or for which

 3  reasonable charges for recovery, towing, or storing remain

 4  unpaid or for which a lot rental amount is due and owing to

 5  the mobile home park owner, as evidenced by a judgment for

 6  unpaid rent, and any contents not released pursuant to

 7  subsection (10), may be sold by the owner or operator of the

 8  storage space for such towing or storage charge or unpaid lot

 9  rental amount after 35 days from the time the vehicle or

10  vessel is stored therein if the vehicle or vessel is more than

11  3 years of age or after 50 days following the time the vehicle

12  or vessel is stored therein if the vehicle or vessel is 3

13  years of age or less. The sale shall be at public auction for

14  cash. If the date of the sale was not included in the notice

15  required in subsection (4), notice of the sale shall be given

16  to the person in whose name the vehicle or, vessel, or mobile

17  home is registered, to the mobile home park owner, and to all

18  persons claiming a lien on the vehicle or vessel as shown on

19  the records of the Department of Highway Safety and Motor

20  Vehicles or of the corresponding agency in any other state.

21  Notice shall be sent by certified mail, return receipt

22  requested, to the owner of the vehicle or vessel and the

23  person having the recorded lien on the vehicle or vessel at

24  the address shown on the records of the registering agency and

25  shall be mailed not less than 15 days before the date of the

26  sale. After diligent search and inquiry, if the name and

27  address of the registered owner or the owner of the recorded

28  lien cannot be ascertained, the requirements of notice by mail

29  may be dispensed with.  In addition to the notice by mail,

30  public notice of the time and place of sale shall be made by

31  publishing a notice thereof one time, at least 10 days prior

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 1  to the date of the sale, in a newspaper of general circulation

 2  in the county in which the sale is to be held.  The proceeds

 3  of the sale, after payment of reasonable towing and storage

 4  charges, and costs of the sale, and the unpaid lot rental

 5  amount, in that order of priority, shall be deposited with the

 6  clerk of the circuit court for the county if the owner is

 7  absent, and the clerk shall hold such proceeds subject to the

 8  claim of the person legally entitled thereto. The clerk shall

 9  be entitled to receive 5 percent of such proceeds for the care

10  and disbursement thereof.  The certificate of title issued

11  under this law shall be discharged of all liens unless

12  otherwise provided by court order.

13         (7)(a)  A wrecker operator recovering, towing, or

14  storing vehicles or vessels is not liable for damages

15  connected with such services, theft of such vehicles or

16  vessels, or theft of personal property contained in such

17  vehicles or vessels, provided that such services have been

18  performed with reasonable care and provided, further, that, in

19  the case of removal of a vehicle or vessel upon the request of

20  a person purporting, and reasonably appearing, to be the owner

21  or lessee, or a person authorized by the owner or lessee, of

22  the property from which such vehicle or vessel is removed,

23  such removal has been done in compliance with s. 715.07.

24  Further, a wrecker operator is not liable for damage to a

25  vehicle, vessel, or cargo that obstructs the normal movement

26  of traffic or creates a hazard to traffic and is removed in

27  compliance with the request of a law enforcement officer.

28  connected with such services when complying with the lawful

29  directions of a law enforcement officer to remove a vehicle

30  stopped, standing, or parked upon a street or highway in such

31  a position as to obstruct the normal movement of traffic or in

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 1  such a condition as to create a hazard to other traffic upon

 2  the street or highway.

 3         (b)  For the purposes of this subsection, a wrecker

 4  operator is presumed to use reasonable care to prevent the

 5  theft of a vehicle or vessel or of any personal property

 6  contained in such vehicle stored in the wrecker operator's

 7  storage facility if all of the following apply:

 8         1.  The wrecker operator surrounds the storage facility

 9  with a chain-link or solid-wall type fence at least 6 feet in

10  height;

11         2.  The wrecker operator has illuminated the storage

12  facility with lighting of sufficient intensity to reveal

13  persons and vehicles at a distance of at least 150 feet during

14  nighttime; and

15         3.  The wrecker operator uses one or more of the

16  following security methods to discourage theft of vehicles or

17  vessels or of any personal property contained in such vehicles

18  or vessels stored in the wrecker operator's storage facility:

19         a.  A night dispatcher or watchman remains on duty at

20  the storage facility from sunset to sunrise;

21         b.  A security dog remains at the storage facility from

22  sunset to sunrise;

23         c.  Security cameras or other similar surveillance

24  devices monitor the storage facility; or

25         d.  A security guard service examines the storage

26  facility at least once each hour from sunset to sunrise.

27         (c)  Any law enforcement agency requesting that a motor

28  vehicle be removed from an accident scene, street, or highway

29  must conduct an inventory and prepare a written record of all

30  personal property found in the vehicle before the vehicle is

31  removed by a wrecker operator. However, if the owner or driver

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 1  of the motor vehicle is present and accompanies the vehicle,

 2  no inventory by law enforcement is required. A wrecker

 3  operator is not liable for the loss of personal property

 4  alleged to be contained in such a vehicle when such personal

 5  property was not identified on the inventory record prepared

 6  by the law enforcement agency requesting the removal of the

 7  vehicle.

 8         (10)  Persons who provide services pursuant to this

 9  section shall permit vehicle or vessel owners or their agents,

10  which agency is evidenced by an original a writing

11  acknowledged by the owner before a notary public or other

12  person empowered by law to administer oaths, to inspect the

13  towed vehicle or vessel and shall release to the owner or

14  agent the vehicle, vessel, or all personal property not

15  affixed to the vehicle or vessel which was in the vehicle or

16  vessel at the time the vehicle or vessel came into the custody

17  of the person providing such services.

18         (11)(a)  Any person regularly engaged in the business

19  of recovering, towing, or storing vehicles or vessels who

20  comes into possession of a vehicle or vessel pursuant to

21  subsection (2) and who has complied with the provisions of

22  subsections (3) and (6), when such vehicle or vessel is to be

23  sold for purposes of being dismantled, destroyed, or changed

24  in such manner that it is not the motor vehicle or, vessel, or

25  mobile home described in the certificate of title, shall apply

26  to the county tax collector for a certificate of destruction.

27  A certificate of destruction, which authorizes the dismantling

28  or destruction of the vehicle or vessel described therein,

29  shall be reassignable a maximum of two times before

30  dismantling or destruction of the vehicle shall be required,

31  and shall accompany the vehicle or vessel for which it is

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 1  issued, when such vehicle or vessel is sold for such purposes,

 2  in lieu of a certificate of title.  The application for a

 3  certificate of destruction must include an affidavit from the

 4  applicant that it has complied with all applicable

 5  requirements of this section and, if the vehicle or vessel is

 6  not registered in this state, by a statement from a law

 7  enforcement officer that the vehicle or vessel is not reported

 8  stolen, and shall be accompanied by such documentation as may

 9  be required by the department.

10         (b)  The Department of Highway Safety and Motor

11  Vehicles shall charge a fee of $3 for each certificate of

12  destruction.  A service charge of $4.25 shall be collected and

13  retained by the tax collector who processes the application.

14         (c)  The Department of Highway Safety and Motor

15  Vehicles may adopt such rules as it deems necessary or proper

16  for the administration of this subsection.

17         (13)(a)  Upon receipt by the Department of Highway

18  Safety and Motor Vehicles of written notice from a wrecker

19  operator who claims a wrecker operator's lien under paragraph

20  (2)(c) or paragraph (2)(d) for recovery, towing, or storage of

21  an abandoned vehicle or, vessel or mobile home upon

22  instructions from any law enforcement agency, for which a

23  certificate of destruction has been issued under subsection

24  (11), the department shall place the name of the registered

25  owner of that vehicle or, vessel, or mobile home on the list

26  of those persons who may not be issued a license plate or

27  revalidation sticker for any motor vehicle under s. 320.03(8).

28  If the vehicle or, vessel, or mobile home is owned jointly by

29  more than one person, the name of each registered owner shall

30  be placed on the list. The notice of wrecker operator's lien

31  

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 1  shall be submitted on forms provided by the department, which

 2  must include:

 3         1.  The name, address, and telephone number of the

 4  wrecker operator.

 5         2.  The name of the registered owner of the vehicle or,

 6  vessel, or mobile home and the address to which the wrecker

 7  operator provided notice of the lien to the registered owner

 8  under subsection (4).

 9         3.  A general description of the vehicle or, vessel, or

10  mobile home, including its color, make, model, body style, and

11  year.

12         4.  The vehicle identification number (VIN);

13  registration license plate number, state, and year; validation

14  decal number, state, and year; mobile home sticker number,

15  state, and year; vessel registration number; hull

16  identification number; or other identification number, as

17  applicable.

18         5.  The name of the person or the corresponding law

19  enforcement agency that requested that the vehicle or, vessel,

20  or mobile home be recovered, towed, or stored.

21         6.  The amount of the wrecker operator's lien, not to

22  exceed the amount allowed by paragraph (b).

23         (b)  For purposes of this subsection only, the amount

24  of the wrecker operator's lien for which the department will

25  prevent issuance of a license plate or revalidation sticker

26  may not exceed the amount of the charges for recovery, towing,

27  and storage of the vehicle or, vessel, or mobile home for 7

28  days. These charges may not exceed the maximum rates imposed

29  by the ordinances of the respective county or municipality

30  under ss. 125.0103(1)(c) and 166.043(1)(c). This paragraph

31  does not limit the amount of a wrecker operator's lien claimed

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 1  under subsection (2) or prevent a wrecker operator from

 2  seeking civil remedies for enforcement of the entire amount of

 3  the lien, but limits only that portion of the lien for which

 4  the department will prevent issuance of a license plate or

 5  revalidation sticker.

 6         (c)1.  The registered owner of a vehicle or, vessel, or

 7  mobile home may dispute a wrecker operator's lien, by

 8  notifying the department of the dispute in writing on forms

 9  provided by the department, if at least one of the following

10  applies:

11         a.  The registered owner presents a notarized bill of

12  sale proving that the vehicle or, vessel, or mobile home was

13  sold in a private or casual sale before the vehicle or,

14  vessel, or mobile home was recovered, towed, or stored.

15         b.  The registered owner presents proof that the

16  Florida certificate of title of the vehicle or, vessel, or

17  mobile home was sold to a licensed dealer as defined in s.

18  319.001 before the vehicle or, vessel, or mobile home was

19  recovered, towed, or stored.

20  

21  If the registered owner's dispute of a wrecker operator's lien

22  complies with one of these criteria, the department shall

23  immediately remove the registered owner's name from the list

24  of those persons who may not be issued a license plate or

25  revalidation sticker for any motor vehicle under s. 320.03(8),

26  thereby allowing issuance of a license plate or revalidation

27  sticker. If the vehicle or, vessel, or mobile home is owned

28  jointly by more than one person, each registered owner must

29  dispute the wrecker operator's lien in order to be removed

30  from the list. However, the department shall deny any dispute

31  and maintain the registered owner's name on the list of those

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 1  persons who may not be issued a license plate or revalidation

 2  sticker for any motor vehicle under s. 320.03(8) if the

 3  wrecker operator has provided the department with a certified

 4  copy of the judgment of a court which orders the registered

 5  owner to pay the wrecker operator's lien claimed under this

 6  section. In such a case, the amount of the wrecker operator's

 7  lien allowed by paragraph (b) may be increased to include no

 8  more than $500 of the reasonable costs and attorney's fees

 9  incurred in obtaining the judgment. The department's action

10  under this subparagraph is ministerial in nature, shall not be

11  considered final agency action, and is appealable only to the

12  county court for the county in which the vehicle or, vessel,

13  or mobile home was ordered removed.

14         2.  A person against whom a wrecker operator's lien has

15  been imposed may alternatively obtain a discharge of the lien

16  by filing a complaint, challenging the validity of the lien or

17  the amount thereof, in the county court of the county in which

18  the vehicle or, vessel, or mobile home was ordered removed.

19  Upon filing of the complaint, the person may have her or his

20  name removed from the list of those persons who may not be

21  issued a license plate or revalidation sticker for any motor

22  vehicle under s. 320.03(8), thereby allowing issuance of a

23  license plate or revalidation sticker, upon posting with the

24  court a cash or surety bond or other adequate security equal

25  to the amount of the wrecker operator's lien to ensure the

26  payment of such lien in the event she or he does not prevail.

27  Upon the posting of the bond and the payment of the applicable

28  fee set forth in s. 28.24, the clerk of the court shall issue

29  a certificate notifying the department of the posting of the

30  bond and directing the department to release the wrecker

31  operator's lien. Upon determining the respective rights of the

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 1  parties, the court may award damages and costs in favor of the

 2  prevailing party.

 3         3.  If a person against whom a wrecker operator's lien

 4  has been imposed does not object to the lien, but cannot

 5  discharge the lien by payment because the wrecker operator has

 6  moved or gone out of business, the person may have her or his

 7  name removed from the list of those persons who may not be

 8  issued a license plate or revalidation sticker for any motor

 9  vehicle under s. 320.03(8), thereby allowing issuance of a

10  license plate or revalidation sticker, upon posting with the

11  clerk of court in the county in which the vehicle or, vessel,

12  or mobile home was ordered removed, a cash or surety bond or

13  other adequate security equal to the amount of the wrecker

14  operator's lien. Upon the posting of the bond and the payment

15  of the application fee set forth in s. 28.24, the clerk of the

16  court shall issue a certificate notifying the department of

17  the posting of the bond and directing the department to

18  release the wrecker operator's lien. The department shall mail

19  to the wrecker operator, at the address upon the lien form,

20  notice that the wrecker operator must claim the security

21  within 60 days, or the security will be released back to the

22  person who posted it. At the conclusion of the 60 days, the

23  department shall direct the clerk as to which party is

24  entitled to payment of the security, less applicable clerk's

25  fees.

26         4.  A wrecker operator's lien expires 5 years after

27  filing.

28         (d)  Upon discharge of the amount of the wrecker

29  operator's lien allowed by paragraph (b), the wrecker operator

30  must issue a certificate of discharged wrecker operator's lien

31  on forms provided by the department to each registered owner

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 1  of the vehicle or, vessel, or mobile home attesting that the

 2  amount of the wrecker operator's lien allowed by paragraph (b)

 3  has been discharged. Upon presentation of the certificate of

 4  discharged wrecker operator's lien by the registered owner,

 5  the department shall immediately remove the registered owner's

 6  name from the list of those persons who may not be issued a

 7  license plate or revalidation sticker for any motor vehicle

 8  under s. 320.03(8), thereby allowing issuance of a license

 9  plate or revalidation sticker. Issuance of a certificate of

10  discharged wrecker operator's lien under this paragraph does

11  not discharge the entire amount of the wrecker operator's lien

12  claimed under subsection (2), but only certifies to the

13  department that the amount of the wrecker operator's lien

14  allowed by paragraph (b), for which the department will

15  prevent issuance of a license plate or revalidation sticker,

16  has been discharged.

17         (e)  When a wrecker operator files a notice of wrecker

18  operator's lien under this subsection, the department shall

19  charge the wrecker operator a fee of $2, which shall be

20  deposited into the General Revenue Fund established under s.

21  860.158. A service charge of $2.50 shall be collected and

22  retained by the tax collector who processes a notice of

23  wrecker operator's lien.

24         (f)  This subsection applies only to the annual renewal

25  in the registered owner's birth month of a motor vehicle

26  registration and does not apply to the transfer of a

27  registration of a motor vehicle sold by a motor vehicle dealer

28  licensed under chapter 320, except for the transfer of

29  registrations which is inclusive of the annual renewals. This

30  subsection does not affect the issuance of the title to a

31  motor vehicle, notwithstanding s. 319.23(7)(b).

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 1         (g)  The Department of Highway Safety and Motor

 2  Vehicles may adopt rules pursuant to ss. 120.536(1) and 120.54

 3  to implement this subsection.

 4         Section 18.  Effective January 1, 2006, section

 5  713.785, Florida Statutes, is created to read:

 6         713.785  Liens for recovering, towing, or storing

 7  mobile homes.--

 8         (1)  As used in this section, the term:

 9         (a)  "Mobile home transport company" means a person

10  regularly engaged in the business of transporting mobile

11  homes.

12         (b)  "Store" means a mobile home transport company has

13  legal possession of a mobile home either on the mobile home

14  transport company's property or on any other property.

15         (c)  "Unpaid lot rental amount" or "rent" means any

16  unpaid financial obligations of the mobile home owner or

17  tenant to the mobile home park owner defined as "lot rental

18  amount" in s. 723.003 or "rent" in part II of chapter 83 and

19  includes any amounts defined as storage charges in s. 723.084.

20         (2)  If the mobile home transport company recovers,

21  removes, or stores a mobile home upon instructions from:

22         (a)  The owner of the mobile home;

23         (b)  Any law enforcement agency; or

24         (c)  A mobile home park owner as defined in s. 723.003

25  who has a current writ of possession for a mobile home lot

26  under s. 723.062 or s. 83.62,

27  

28  the mobile home transport company has a lien on the mobile

29  home for a reasonable towing fee and for a reasonable storage

30  fee.

31  

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 1         (3)(a)  A mobile home transport company that comes into

 2  possession of a mobile home under subsection (2) and that

 3  claims a lien for recovery, towing, or storage services must

 4  give notice to the registered owner and to all persons

 5  claiming a lien on the mobile home, as disclosed by the

 6  records in the Department of Highway Safety and Motor Vehicles

 7  or of a corresponding agency in any other state.

 8         (b)  Notice by certified mail, return receipt

 9  requested, shall be sent within 7 business days after the date

10  of storage of the mobile home to the registered owner at the

11  owner's last known address, and all persons of record claiming

12  a lien against the mobile home. The notice shall state the

13  fact of possession of the mobile home, that a lien as provided

14  in subsection (2) is claimed, that charges have accrued and

15  the amount thereof, that the lien is subject to enforcement

16  under law and that the owner or lienholder, if any, has the

17  right to a hearing as set forth in subsection (4), and that

18  any mobile home which remains unclaimed, or for which charges

19  remain unpaid, may be sold free of all prior liens after 35

20  days following the eviction proceeding that resulted in the

21  issuance of the writ of possession, provided that any

22  lienholder entitled to notice pursuant to s. 723.084 has

23  received such notice and has failed to act pursuant to s.

24  723.084 to pay storage charges, take possession of the home,

25  or take legal action to foreclose its interest prior to

26  issuance of the writ of possession.

27         (4)(a)  The owner of a mobile home stored under

28  subsection (2), or any person claiming a lien of record, other

29  than the mobile home transport company, within 10 days after

30  the time she or he has knowledge of the location of the mobile

31  home, may file a complaint in the court of the county in which

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 1  the mobile home is stored, to determine if her or his property

 2  was wrongfully taken or withheld from her or him.

 3         (b)  Upon filing of a complaint, an owner or lienholder

 4  may have the mobile home released upon posting with the court

 5  a cash or surety bond or other adequate security equal to the

 6  amount of the charges for towing or storage and lot rental

 7  amount due and owing at that time to ensure the payment of the

 8  charges in the event she or he does not prevail. Upon the

 9  posting of the bond and the payment of the applicable fee set

10  forth in s. 28.24, the clerk of the court shall issue a

11  certificate notifying the mobile home transport company of the

12  posting of the bond and directing the mobile home transport

13  company to release the mobile home. At the time of the

14  release, after reasonable inspection, she or he shall give a

15  receipt to the mobile home transport company citing any claims

16  she or he has for loss or damage to the mobile home or the

17  contents thereof.

18         (c)  Upon determining the respective rights of the

19  parties, the court may award damages and costs in favor of the

20  prevailing party. The final order shall provide for immediate

21  payment in full of any lien for recovery, towing, and storage

22  fees and any unpaid lot rental amount accruing until the time

23  the home is removed from the property, by the mobile home

24  owner or lienholder, or the owner, lessee, or agent thereof of

25  the property from which the mobile home was removed.

26         (5)  A mobile home that is stored under subsection (2)

27  and which remains unclaimed, or for which reasonable charges

28  for recovery, towing, or storing remain unpaid or for which a

29  lot rental amount is due and owing to the mobile home park

30  owner as evidenced by a judgment for unpaid rent and any

31  contents of the mobile home not released under subsection (9),

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 1  may be sold by the mobile home transport company for the

 2  towing or storage charge and any unpaid lot rental amount 35

 3  days after the mobile home is stored by a mobile home

 4  transport company. The sale shall be at public auction for

 5  cash. If the date of the sale was not included in the notice

 6  required by subsection (3), notice of the sale must be given

 7  to the person in whose name the mobile home is registered at

 8  her or his last known address, to the mobile home park owner,

 9  and to all persons claiming a lien on the mobile home as shown

10  on the records of the Department of Highway Safety and Motor

11  Vehicles or of the corresponding agency in any other state.

12  Notice must be sent by certified mail, return receipt

13  requested, at least 15 days before the date of the sale. After

14  diligent search and inquiry, if the name and address of the

15  registered owner or the owner of the recorded lien cannot be

16  ascertained, the requirements of notice by mail may be

17  dispensed with. In addition to the notice by mail, public

18  notice of the time and place of sale must be made by

19  publishing a notice of the sale one time, at least 10 days

20  before the date of the sale, in a newspaper of general

21  circulation in the county in which the sale is to be held. The

22  proceeds of the sale, after payment of reasonable towing and

23  storage charges, costs of the sale, and the unpaid lot rental

24  amount as evidenced by the judgment for unpaid lot rental and

25  an affidavit executed by the mobile home park owner or the

26  owner's agent establishing the amount of unpaid lot rental

27  amount through the date of the sale, in that order of

28  priority, must be deposited with the clerk of the circuit

29  court for the county if the owner is absent, and the clerk

30  shall hold the proceeds subject to the claim of the person

31  legally entitled to those proceeds. The clerk is entitled to

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 1  receive 5 percent of the proceeds for the care and

 2  disbursement of the proceeds. The certificate of title issued

 3  under this section shall be discharged of all liens unless

 4  otherwise provided by court order.

 5         (6)  The mobile home transport company, the landlord or

 6  his or her agent, or any subsequent purchaser for value are

 7  not responsible to the tenant or any other party for loss,

 8  destruction, or damage to the mobile home or other personal

 9  property after coming into possession of the mobile home under

10  this section, provided the mobile home transport company, the

11  landlord, or their agents use reasonable care in storing the

12  mobile home. As used in this subsection, the term "reasonable

13  care" means securing the mobile home by changing door locks,

14  or any similar methods for securing the mobile home, in place

15  in the mobile home park or in a separate storage area.

16         (7)(a)  A mobile home transport company that comes into

17  possession of a mobile home under subsection (2) and that

18  complies with subsection (3), if the mobile home is to be sold

19  for purposes of being dismantled, destroyed, or changed so

20  that it is not the mobile home described in the certificate of

21  title, must apply to the county tax collector for a

22  certificate of destruction. A certificate of destruction,

23  which authorizes the dismantling or destruction of the mobile

24  home described in the certificate, is reassignable no more

25  than twice before dismantling or destruction of the mobile

26  home and the certificate must accompany the mobile home for

27  which it is issued when the mobile home is sold for that

28  purpose, in lieu of a certificate of title. The application

29  for a certificate of destruction must include an affidavit

30  from the applicant that it has complied with all applicable

31  requirements of this section; must, if the mobile home is not

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 1  registered in this state, include a statement from a law

 2  enforcement officer that the mobile home is not reported

 3  stolen; and shall be accompanied by any other documentation as

 4  may be required by the department.

 5         (b)  The Department of Highway Safety and Motor

 6  Vehicles shall charge a fee of $3 for each certificate of

 7  destruction. The tax collector who processes the application

 8  shall collect and retain a service charge of $4.25.

 9         (c)  The Department of Highway Safety and Motor

10  Vehicles may adopt rules to administer this subsection.

11         (d)  Employees of the Department of Highway Safety and

12  Motor Vehicles and law enforcement officers may inspect the

13  records of each mobile home transport company in this state to

14  ensure compliance with this section.

15         (8)(a)  Upon receipt by the Department of Highway

16  Safety and Motor Vehicles of written notice from a mobile home

17  transport company that claims a lien under paragraph (2)(b) or

18  paragraph (2)(c) for recovery, towing, or storage of a mobile

19  home for which a certificate of destruction has been issued

20  under subsection (7), the department shall place the name of

21  the registered owner of that mobile home on the list of those

22  persons who may not be issued a revalidation sticker under s.

23  320.03. If the mobile home is owned jointly by more than one

24  person, the name of each registered owner must be placed on

25  the list. The notice of a mobile home transport company's lien

26  must be submitted on forms provided by the department, which

27  must include:

28         1.  The name, address, and telephone number of the

29  mobile home transport company.

30         2.  The name of the registered owner of the mobile home

31  and the address to which the mobile home transport company

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 1  provided notice of the lien to the registered owner under

 2  subsection (3).

 3         3.  A general description of the mobile home, including

 4  its color, make, model, body style, and year.

 5         4.  The mobile home sticker number, state, and year or

 6  other identification number, as applicable.

 7         5.  The name of the person or the corresponding law

 8  enforcement agency that requested that the mobile home be

 9  recovered, towed, or stored.

10         6.  The amount of the lien, not to exceed the amount

11  allowed by paragraph (b).

12         (b)  For purposes of this subsection, the amount of the

13  mobile home transport company's lien for which the department

14  will prevent issuance of a revalidation sticker may not exceed

15  the amount of the charges for recovery, towing, and storage of

16  the mobile home for 7 days. These charges may not exceed the

17  maximum rates imposed by the ordinances of the respective

18  county or municipality under ss. 125.0103(1)(c) and

19  166.043(1)(c). This paragraph does not limit the amount of a

20  mobile home transport company's lien claimed under subsection

21  (2) or prevent a mobile home transport company from seeking

22  civil remedies for enforcement of the entire amount of the

23  lien, but limits only that portion of the lien for which the

24  department will prevent issuance of a revalidation sticker.

25         (c)1.  The registered owner of the mobile home may

26  dispute the mobile home transport company's lien by notifying

27  the department of the dispute in writing on forms provided by

28  the department, if at least one of the following applies:

29         a.  The registered owner presents a notarized bill of

30  sale proving that the mobile home was sold in a private or

31  

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 1  casual sale before the mobile home was recovered, towed, or

 2  stored.

 3         b.  The registered owner presents proof that the

 4  Florida certificate of title of the mobile home was sold to a

 5  licensed dealer as defined in s. 319.001 before the mobile

 6  home was recovered, towed, or stored.

 7         c.  The records of the department were marked to

 8  indicate that the mobile home was sold before the issuance of

 9  the certificate of destruction under subsection (7).

10  

11  If the registered owner's dispute of a mobile home transport

12  company's lien complies with one of these criteria, the

13  department shall immediately remove the registered owner's

14  name from the list of those persons who may not be issued a

15  revalidation sticker under s. 320.03. If the mobile home is

16  owned jointly by more than one person, each registered owner

17  must dispute the mobile home transport company's lien in order

18  to be removed from the list. However, the department shall

19  deny any dispute and maintain the registered owner's name on

20  the list of those persons who may not be issued a revalidation

21  sticker if the mobile home transport company has provided the

22  department with a certified copy of the judgment of a court

23  which orders the registered owner to pay the mobile home

24  transport company's lien claimed under this section. In such a

25  case, the amount of the mobile home transport company's lien

26  allowed by paragraph (b) may be increased to include no more

27  than $500 of the reasonable costs and attorney's fees incurred

28  in obtaining the judgment. The department's action under this

29  subparagraph is ministerial in nature, is not final agency

30  action, and is appealable only to the county court for the

31  county in which the mobile home was ordered removed.

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 1         2.  A person against whom a mobile home transport

 2  company's lien has been imposed may alternatively obtain a

 3  discharge of the lien by filing a complaint, challenging the

 4  validity of the lien or the amount thereof, in the county

 5  court of the county in which the mobile home was ordered

 6  removed. Upon filing of the complaint, the person may have her

 7  or his name removed from the list of those persons who may not

 8  be issued a revalidation sticker for any mobile home under s.

 9  320.03 upon posting with the court a cash or surety bond or

10  other adequate security equal to the amount of the mobile home

11  transport company's lien to ensure the payment of the lien in

12  the event she or he does not prevail. Upon the posting of the

13  bond and the payment of the applicable fee set forth in s.

14  28.24, the clerk of the court shall issue a certificate

15  notifying the department of the posting of the bond and

16  directing the department to release the mobile home transport

17  company's lien. Upon determining the respective rights of the

18  parties, the court may award damages and costs in favor of the

19  prevailing party.

20         3.  If a person against whom a mobile home transport

21  company's lien has been imposed does not object to the lien,

22  but cannot discharge the lien by payment because the mobile

23  home transport company has moved or gone out of business, the

24  person may have her or his name removed from the list of those

25  persons who may not be issued a revalidation sticker under s.

26  320.03, upon posting with the clerk of court in the county in

27  which the mobile home was ordered removed a cash or surety

28  bond or other adequate security equal to the amount of the

29  mobile home transport company's lien. Upon the posting of the

30  bond and the payment of the application fee set forth in s.

31  28.24, the clerk of the court shall issue a certificate

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 1  notifying the department of the posting of the bond and

 2  directing the department to release the mobile home transport

 3  company's lien. The department shall mail to the mobile home

 4  transport company, at the address upon the lien form, notice

 5  that the mobile home transport company must claim the security

 6  within 60 days or the security will be released to the person

 7  who posted it. At the conclusion of the 60 days, the

 8  department shall direct the clerk as to which party is

 9  entitled to payment of the security, less applicable fees of

10  the clerk.

11         4.  A mobile home transport company's lien expires 5

12  years after filing.

13         (d)  Upon discharge of the amount of the mobile home

14  transport company's lien allowed under paragraph (b), the

15  mobile home transport company must issue a certificate of

16  discharged lien on a form provided by the department to each

17  registered owner of the mobile home attesting that the amount

18  of the mobile home transport company's lien allowed under

19  paragraph (b) has been discharged. Upon presentation of the

20  certificate of discharged lien by the registered owner, the

21  department shall immediately remove the registered owner's

22  name from the list of those persons who may not be issued a

23  revalidation sticker under s. 320.03. Issuance of a

24  certificate of discharged lien under this paragraph does not

25  discharge the entire amount of the mobile home transport

26  company's lien claimed under subsection (2), but certifies to

27  the department only that the amount of the mobile home

28  transport company's lien allowed by paragraph (b), for which

29  the department will prevent issuance of a revalidation

30  sticker, has been discharged.

31  

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 1         (e)  When a mobile home transport company files a

 2  notice of lien under this subsection, the department shall

 3  charge the mobile home transport company a fee of $2, which

 4  must be deposited into the General Revenue Fund. The tax

 5  collector who processes a notice of lien shall collect and

 6  retain a service charge of $2.50.

 7         (f)  The Department of Highway Safety and Motor

 8  Vehicles may adopt rules to administer this subsection.

 9         (9)  Persons who provide services under this section

10  shall permit a mobile home owner or her or his agent, whose

11  agency is evidenced by a writing acknowledged by the owner

12  before a notary public or other person empowered by law to

13  administer oaths, to inspect the mobile home and shall release

14  to the owner or agent all personal property not affixed to the

15  mobile home, provided there exists no landlord's lien for rent

16  under s. 713.691 or s. 713.77.

17         (10)  Any person who violates subsection (3),

18  subsection (5), subsection (6), subsection (7), or subsection

19  (9) commits a misdemeanor of the first degree, punishable as

20  provided in s. 775.082 or s. 775.083.

21         Section 19.  Section 715.07, Florida Statutes, is

22  amended to read:

23         715.07  Vehicles or vessels parked on private property;

24  towing.--

25         (1)  As used in this section, the term:

26         (a)  "Vehicle" means any mobile item which normally

27  uses wheels, whether motorized or not.

28         (b)  "Vessel" means every description of watercraft,

29  barge, and air boat used or capable of being used as a means

30  of transportation on water, other than a seaplane or a

31  "documented vessel" as defined in s. 327.02(8).

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 1         (2)  The owner or lessee of real property, or any

 2  person authorized by the owner or lessee, which person may be

 3  the designated representative of the condominium association

 4  if the real property is a condominium, may cause any vehicle

 5  or vessel parked on such property without her or his

 6  permission to be removed by a person regularly engaged in the

 7  business of towing vehicles or vessels, without liability for

 8  the costs of removal, transportation, or storage or damages

 9  caused by such removal, transportation, or storage, under any

10  of the following circumstances:

11         (a)  The towing or removal of any vehicle or vessel

12  from private property without the consent of the registered

13  owner or other legally authorized person in control of that

14  vehicle or vessel is subject to strict compliance with the

15  following conditions and restrictions:

16         1.a.  Any towed or removed vehicle or vessel must be

17  stored at a site within a 10-mile radius 10 miles of the point

18  of removal in any county of 500,000 population or more, and

19  within a 15-mile radius 15 miles of the point of removal in

20  any county of less than 500,000 population. That site must be

21  open for the purpose of redemption of vehicles on any day that

22  the person or firm towing such vehicle or vessel is open for

23  towing purposes, from 8:00 a.m. to 6:00 p.m., and, when

24  closed, shall have prominently posted a sign indicating a

25  telephone number where the operator of the site can be reached

26  at all times.  Upon receipt of a telephoned request to open

27  the site to redeem a vehicle or vessel, the operator shall

28  return to the site within 1 hour or she or he will be in

29  violation of this section.

30         b.  If no towing business providing such service is

31  located within the area of towing limitations set forth in

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 1  sub-subparagraph a., the following limitations apply:  any

 2  towed or removed vehicle or vessel must be stored at a site

 3  within a 20-mile radius 20 miles of the point of removal in

 4  any county of 500,000 population or more, and within a 30-mile

 5  radius 30 miles of the point of removal in any county of less

 6  than 500,000 population.

 7         2.  The person or firm towing or removing the vehicle

 8  or vessel shall, within 30 minutes after of completion of such

 9  towing or removal, notify the municipal police department or,

10  in an unincorporated area, the sheriff, of such towing or

11  removal, the storage site, the time the vehicle or vessel was

12  towed or removed, and the make, model, color, and license

13  plate number of the vehicle or description and registration

14  number of the vessel and shall obtain the name of the person

15  at that department to whom such information was reported and

16  note that name on the trip record.

17         3.  A person in the process of towing or removing a

18  vehicle or vessel from the premises or parking lot in which

19  the vehicle or vessel is not lawfully parked must stop when a

20  person seeks the return of the vehicle or vessel. The vehicle

21  or vessel must be returned upon the payment of a reasonable

22  service fee of not more than one-half of the posted rate for

23  the towing or removal service as provided in subparagraph 6.

24  The vehicle or vessel may be towed or removed if, after a

25  reasonable opportunity, the owner or legally authorized person

26  in control of the vehicle or vessel is unable to pay the

27  service fee. If the vehicle or vessel is redeemed, a detailed

28  signed receipt must be given to the person redeeming the

29  vehicle or vessel. If the registered owner or other legally

30  authorized person in control of the vehicle arrives at the

31  scene prior to removal or towing of the vehicle, the vehicle

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 1  shall be disconnected from the towing or removal apparatus,

 2  and that person shall be allowed to remove the vehicle without

 3  interference upon the payment of a reasonable service fee of

 4  not more than one-half of the posted rate for such towing

 5  service as provided in subparagraph 6., for which a receipt

 6  shall be given, unless that person refuses to remove the

 7  vehicle which is otherwise unlawfully parked.

 8         4.  A person may not pay or accept money or other

 9  valuable consideration for the privilege of towing or removing

10  vehicles or vessels from a particular location. The rebate or

11  payment of money or any other valuable consideration from the

12  individual or firm towing or removing vehicles to the owners

13  or operators of the premises from which the vehicles are towed

14  or removed, for the privilege of removing or towing those

15  vehicles, is prohibited.

16         5.  Except for property appurtenant to and obviously a

17  part of a single-family residence, and except for instances

18  when notice is personally given to the owner or other legally

19  authorized person in control of the vehicle or vessel that the

20  area in which that vehicle or vessel is parked is reserved or

21  otherwise unavailable for unauthorized vehicles or vessels and

22  that the vehicle or vessel is subject to being removed at the

23  owner's or operator's expense, any property owner or lessee,

24  or person authorized by the property owner or lessee, prior to

25  towing or removing any vehicle or vessel from private property

26  without the consent of the owner or other legally authorized

27  person in control of that vehicle or vessel, must post a

28  notice meeting the following requirements:

29         a.  The notice must be prominently placed at each

30  driveway access or curb cut allowing vehicular access to the

31  property, within 5 feet from the public right-of-way line.  If

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 1  there are no curbs or access barriers, the signs must be

 2  posted not less than one sign for each 25 feet of lot

 3  frontage.

 4         b.  The notice must clearly indicate, in not less than

 5  2-inch high, light-reflective letters on a contrasting

 6  background, that unauthorized vehicles will be towed away at

 7  the owner's expense.  The words "tow-away zone" must be

 8  included on the sign in not less than 4-inch high letters.

 9         c.  The notice must also provide the name and current

10  telephone number of the person or firm towing or removing the

11  vehicles or vessels, if the property owner, lessee, or person

12  in control of the property has a written contract with the

13  towing company.

14         d.  The sign structure containing the required notices

15  must be permanently installed with the words "tow-away zone"

16  not less than 3 feet and not more than 6 feet above ground

17  level and must be continuously maintained on the property for

18  not less than 24 hours prior to the towing or removal of any

19  vehicles or vessels.

20         e.  The local government may require permitting and

21  inspection of these signs prior to any towing or removal of

22  vehicles or vessels being authorized.

23         f.  A business with 20 or fewer parking spaces

24  satisfies the notice requirements of this subparagraph by

25  prominently displaying a sign stating "Reserved Parking for

26  Customers Only Unauthorized Vehicles or Vessels Will be Towed

27  Away At the Owner's Expense" in not less than 4-inch high,

28  light-reflective letters on a contrasting background.

29         g.  A property owner towing or removing vessels from

30  real property must post notice, consistent with the

31  requirements in sub-subparagraphs a.-f., which apply to

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 1  vehicles, that unauthorized vehicles or vessels will be towed

 2  away at the owner's expense.

 3  

 4  A business owner or lessee may authorize the removal of a

 5  vehicle or vessel by a towing company when the vehicle or

 6  vessel is parked in such a manner that restricts the normal

 7  operation of business; and if a vehicle or vessel parked on a

 8  public right-of-way obstructs access to a private driveway the

 9  owner, lessee, or agent may have the vehicle or vessel removed

10  by a towing company upon signing an order that the vehicle or

11  vessel be removed without a posted tow-away zone sign.

12         6.  Any person or firm that tows or removes vehicles or

13  vessels and proposes to require an owner, operator, or person

14  in control of a vehicle or vessel to pay the costs of towing

15  and storage prior to redemption of the vehicle or vessel must

16  file and keep on record with the local law enforcement agency

17  a complete copy of the current rates to be charged for such

18  services and post at the storage site an identical rate

19  schedule and any written contracts with property owners,

20  lessees, or persons in control of property which authorize

21  such person or firm to remove vehicles or vessels as provided

22  in this section.

23         7.  Any person or firm towing or removing any vehicles

24  or vessels from private property without the consent of the

25  owner or other legally authorized person in control of the

26  vehicles or vessels shall, on any trucks, wreckers as defined

27  in s. 713.78(1)(c), or other vehicles used in the towing or

28  removal, have the name, address, and telephone number of the

29  company performing such service clearly printed in contrasting

30  colors on the driver and passenger sides of the vehicle.  The

31  name shall be in at least 3-inch permanently affixed letters,

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 1  and the address and telephone number shall be in at least

 2  1-inch permanently affixed letters.

 3         8.  Vehicle entry for the purpose of removing the

 4  vehicle or vessel shall be allowed with reasonable care on the

 5  part of the person or firm towing the vehicle or vessel.  Such

 6  person or firm shall be liable for any damage occasioned to

 7  the vehicle or vessel if such entry is not in accordance with

 8  the standard of reasonable care.

 9         9.  When a vehicle or vessel has been towed or removed

10  pursuant to this section, it must be released to its owner or

11  custodian within one hour after requested. Any vehicle or

12  vessel owner, custodian, or agent shall have the right to

13  inspect the vehicle or vessel before accepting its return, and

14  no release or waiver of any kind which would release the

15  person or firm towing the vehicle or vessel from liability for

16  damages noted by the owner or other legally authorized person

17  at the time of the redemption may be required from any vehicle

18  or vessel owner, custodian, or agent as a condition of release

19  of the vehicle or vessel to its owner.  A detailed, signed

20  receipt showing the legal name of the company or person towing

21  or removing the vehicle or vessel must be given to the person

22  paying towing or storage charges at the time of payment,

23  whether requested or not.

24         (b)  These requirements are shall be the minimum

25  standards and do shall not preclude enactment of additional

26  regulations by any municipality or county including the right

27  to regulate rates when vehicles or vessels are towed from

28  private property.

29         (3)  This section does not apply to law enforcement,

30  firefighting, rescue squad, ambulance, or other emergency

31  

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 1  vehicles or vessels that which are marked as such or to

 2  property owned by any governmental entity.

 3         (4)  When a person improperly causes a vehicle or

 4  vessel to be removed, such person shall be liable to the owner

 5  or lessee of the vehicle or vessel for the cost of removal,

 6  transportation, and storage; any damages resulting from the

 7  removal, transportation, or storage of the vehicle or vessel;

 8  attorney's attorneys' fees; and court costs.

 9         (5)(a)  Any person who violates the provisions of

10  subparagraph (2)(a)2. or subparagraph (2)(a)6. commits is

11  guilty of a misdemeanor of the first degree, punishable as

12  provided in s. 775.082 or s. 775.083.

13         (b)  Any person who violates subparagraph (2)(a)1.,

14  subparagraph (2)(a)3., subparagraph (2)(a)4., the provisions

15  of subparagraph (2)(a)7., or subparagraph (2)(a)9. commits is

16  guilty of a felony of the third degree, punishable as provided

17  in s. 775.082, s. 775.083, or s. 775.084.

18         Section 20.  Paragraph (a) of subsection (1) of section

19  319.30, Florida Statutes, is amended to read:

20         319.30  Definitions; dismantling, destruction, change

21  of identity of motor vehicle or mobile home; salvage.--

22         (1)  As used in this section, the term:

23         (a)  "Certificate of destruction" means the certificate

24  issued pursuant to s. 713.78(11) or s. 713.785(7)(a).

25         Section 21.  Section 713.69, Florida Statutes, is

26  amended to read:

27         713.69  Unlawful to remove property upon which lien has

28  accrued.--It is unlawful for any person to remove any property

29  upon which a lien has accrued under the provisions of s.

30  713.68, s. 713.77, or s. 713.785 from any mobile home park,

31  hotel, apartment house, roominghouse, lodginghouse,

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 1  boardinghouse or tenement house without first making full

 2  payment to the person operating or conducting the same of all

 3  sums due and payable for such occupancy or without first

 4  having the written consent of such person so conducting or

 5  operating such place to so remove such property.  Any person

 6  violating the provisions of this section shall, if the

 7  property removed in violation hereof be of the value of $50 or

 8  less, be guilty of a misdemeanor of the second degree,

 9  punishable as provided in s. 775.082 or s. 775.083; and if the

10  property so removed should be of greater value than $50 then

11  such person shall be guilty of a felony of the third degree,

12  punishable as provided in s. 775.082, s. 775.083, or s.

13  775.084.

14         Section 22.  Effective January 1, 2006, subsection (15)

15  of section 1.01, Florida Statutes, is repealed.

16         Section 23.  The sum of $693,000 is appropriated from

17  the General Inspection Trust Fund to the Department of

18  Agriculture and Consumer Services, and 10 additional

19  full-time-equivalent positions are authorized, for the purpose

20  of implementing this act during the 2005-2006 fiscal year.

21         Section 24.  Except as otherwise expressly provided in

22  this act, this act shall take effect July 1, 2005.

23  

24  

25  

26  

27  

28  

29  

30  

31  

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 1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
 2                         Senate Bill 276

 3                                 

 4  The committee substitute for Senate Bill 276:

 5  o    Includes vessels in the provisions relating to towing,
         recovery, storage and liens.
 6  
    o    Removes language relating to mobile homes from the
 7       existing lien provisions and reestablishes in a new
         section 713.785, F.S.
 8  
    o    Clarifies that the Department of Agriculture and Consumer
 9       Services will collect the fees for applicant's
         fingerprinting.
10  
    o    Increases the registration fee from $495.00 to $515.00.
11  
    o    Allows the Department of Agriculture and Consumer
12       Services to deny registration to a person convicted of
         certain crimes within 7 years as opposed to 10 years.
13  

14  

15  

16  

17  

18  

19  

20  

21  

22  

23  

24  

25  

26  

27  

28  

29  

30  

31  

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