(LATE FILED)	Amendment
Bill No. 0341

Amendment No. 875333

CHAMBER ACTION
Senate		House
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1	Representative Robaina offered the following:
2
3	Amendment (with title amendment)
4	Remove everything after the enacting clause and insert:
5	Section 1.  Effective January 1, 2006, paragraph (b) of
6	subsection (8) of section 120.80, Florida Statutes, is amended
7	to read:
8	120.80  Exceptions and special requirements; agencies.--
9	(8)  DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES.--
10	(b)  Wrecker companies operators.--Notwithstanding s.
11	120.57(1)(a), hearings held by the Division of the Florida
12	Highway Patrol of the Department of Highway Safety and Motor
13	Vehicles to deny, suspend, or remove a wrecker company operator
14	from participating in the wrecker allocation rotation system
15	established under by s. 321.051 need not be conducted by an
16	administrative law judge assigned by the division. These
17	hearings shall be held by a hearing officer appointed by the
18	director of the Division of the Florida Highway Patrol.
19	Section 2.  Effective January 1, 2006, section 205.1975,
20	Florida Statutes, is created to read:
21	205.1975  Wrecker companies; consumer protection.--A county
22	or municipality may not issue or renew an occupational license
23	for the operation of a wrecker company under chapter 508 unless
24	the wrecker company exhibits a current registration from the
25	Department of Agriculture and Consumer Services.
26	Section 3.  Subsection (3) of section 316.530, Florida
27	Statutes, is amended to read:
28	316.530  Towing requirements.--
29	(3)  Whenever a motor vehicle becomes disabled upon the
30	highways of this state and a wrecker or tow truck is required to
31	remove it to a repair shop or other appropriate location, if the
32	combined weights of those two vehicles and the loads thereon
33	exceed the maximum allowable weights as established by s.
34	316.535, no penalty shall be assessed either vehicle or driver.
35	However, this exception shall not apply to the load limits for
36	bridges and culverts established by the department as provided
37	in s. 316.555.
38	Section 4.  For the purpose of incorporating the amendment
39	made by this act to section 320.01, Florida Statutes, in
40	references thereto, subsection (4) of section 316.550, Florida
41	Statutes, is reenacted to read:
42	316.550  Operations not in conformity with law; special
43	permits.--
44	(4)(a)  The Department of Transportation may issue a
45	wrecker special blanket permit to authorize a wrecker as defined
46	in s. 320.01(40) to tow a disabled vehicle as defined in s.
47	320.01(38) where the combination of the wrecker and the disabled
48	vehicle being towed exceeds the maximum weight limits as
49	established by s. 316.535.
50	(b)  The Department of Transportation must supply the
51	permitted wrecker with a map showing the routes on which the
52	wrecker may safely tow disabled vehicles for all special permit
53	classifications for which the wrecker applies.
54	Section 5.  Subsection (1) of section 316.605, Florida
55	Statutes, is amended to read:
56	316.605  Licensing of vehicles.--
57	(1)  Every vehicle, at all times while driven, stopped, or
58	parked upon any highways, roads, or streets of this state, shall
59	be licensed in the name of the owner thereof in accordance with
60	the laws of this state unless such vehicle is not required by
61	the laws of this state to be licensed in this state and shall,
62	except as otherwise provided in s. 320.0706 for front-end
63	registration license plates on truck tractors or wreckers,
64	display the license plate or both of the license plates assigned
65	to it by the state, one on the rear and, if two, the other on
66	the front of the vehicle, each to be securely fastened to the
67	vehicle outside the main body of the vehicle in such manner as
68	to prevent the plates from swinging, and with all letters,
69	numerals, printing, writing, and other identification marks upon
70	the plates regarding the word "Florida," the registration decal,
71	and this alphanumeric designation shall be clear and distinct
72	and free from defacement, mutilation, grease, and other
73	obscuring matter, so that they will be plainly visible and
74	legible at all times 100 feet from the rear or front. In
75	addition, if only one registration plate is issued for a motor
76	vehicle that is equipped with a mechanical loading device that
77	may damage the plate, the plate may be attached to the front of
78	the vehicle. Nothing shall be placed upon the face of a Florida
79	plate except as permitted by law or by rule or regulation of a
80	governmental agency.  No license plates other than those
81	furnished by the state shall be used.  However, if the vehicle
82	is not required to be licensed in this state, the license plates
83	on such vehicle issued by another state, by a territory,
84	possession, or district of the United States, or by a foreign
85	country, substantially complying with the provisions hereof,
86	shall be considered as complying with this chapter. A government
87	license plate that is issued to a truck tractor or heavy truck
88	having a gross vehicle weight of 26,001 pounds or more which is
89	owned by a governmental entity may be placed on the front of the
90	vehicle and is in compliance with this chapter. A violation of
91	this subsection is a noncriminal traffic infraction, punishable
92	as a nonmoving violation as provided in chapter 318.
93	Section 6.  Subsection (40) of section 320.01, Florida
94	Statutes, is amended to read:
95	320.01  Definitions, general.--As used in the Florida
96	Statutes, except as otherwise provided, the term:
97	(40)  "Wrecker" means a tow truck or other any motor
98	vehicle that is used to tow, carry, or otherwise transport motor
99	vehicles or vessels upon the streets and highways of this state
100	and that is equipped for that purpose with a boom, winch, car
101	carrier, or other similar equipment.
102	Section 7.  Effective January 1, 2006, subsection (8) of
103	section 320.03, Florida Statutes, is amended to read:
104	320.03  Registration; duties of tax collectors;
105	International Registration Plan.--
106	(8)  If the applicant's name appears on the list referred
107	to in s. 316.1001(4), s. 316.1967(6), or s. 713.78(13), a
108	license plate or revalidation sticker may not be issued until
109	that person's name no longer appears on the list or until the
110	person presents a receipt from the clerk showing that the fines
111	outstanding have been paid. The tax collector and the clerk of
112	the court are each entitled to receive monthly, as costs for
113	implementing and administering this subsection, 10 percent of
114	the civil penalties and fines recovered from such persons. As
115	used in this subsection, the term "civil penalties and fines"
116	does not include a wrecker company's operator's lien as
117	described in s. 713.78(13). If the tax collector has private tag
118	agents, such tag agents are entitled to receive a pro rata share
119	of the amount paid to the tax collector, based upon the
120	percentage of license plates and revalidation stickers issued by
121	the tag agent compared to the total issued within the county.
122	The authority of any private agent to issue license plates shall
123	be revoked, after notice and a hearing as provided in chapter
124	120, if he or she issues any license plate or revalidation
125	sticker contrary to the provisions of this subsection. This
126	section applies only to the annual renewal in the owner's birth
127	month of a motor vehicle registration and does not apply to the
128	transfer of a registration of a motor vehicle sold by a motor
129	vehicle dealer licensed under this chapter, except for the
130	transfer of registrations which is inclusive of the annual
131	renewals. This section does not affect the issuance of the title
132	to a motor vehicle, notwithstanding s. 319.23(7)(b).
133	Section 8.  Section 320.0706, Florida Statutes, is amended
134	to read:
135	320.0706  Display of license plates on trucks.--The owner
136	of any commercial truck of gross vehicle weight of 26,001 pounds
137	or more shall display the registration license plate on both the
138	front and rear of the truck in conformance with all the
139	requirements of s. 316.605 that do not conflict with this
140	section.  However, the owner of a truck tractor or a wrecker
141	must shall be required to display the registration license plate
142	only on the front of such vehicle.
143	Section 9.  For the purpose of incorporating the amendment
144	made by this act to section 320.01, Florida Statutes, in
145	references thereto, paragraphs (d) and (e) of subsection (5) of
146	section 320.08, Florida Statutes, are reenacted to read:
147	320.08  License taxes.--Except as otherwise provided
148	herein, there are hereby levied and imposed annual license taxes
149	for the operation of motor vehicles, mopeds, motorized bicycles
150	as defined in s. 316.003(2), and mobile homes, as defined in s.
151	320.01, which shall be paid to and collected by the department
152	or its agent upon the registration or renewal of registration of
153	the following:
154	(5)  SEMITRAILERS, FEES ACCORDING TO GROSS VEHICLE WEIGHT;
155	SCHOOL BUSES; SPECIAL PURPOSE VEHICLES.--
156	(d)  A wrecker, as defined in s. 320.01(40), which is used
157	to tow a vessel as defined in s. 327.02(36), a disabled,
158	abandoned, stolen-recovered, or impounded motor vehicle as
159	defined in s. 320.01(38), or a replacement motor vehicle as
160	defined in s. 320.01(39): $30 flat.
161	(e)  A wrecker, as defined in s. 320.01(40), which is used
162	to tow any motor vehicle, regardless of whether or not such
163	motor vehicle is a disabled motor vehicle as defined in s.
164	320.01(38), a replacement motor vehicle as defined in s.
165	320.01(39), a vessel as defined in s. 327.02(36), or any other
166	cargo, as follows:
167	1.  Gross vehicle weight of 10,000 pounds or more, but less
168	than 15,000 pounds:  $87 flat.
169	2.  Gross vehicle weight of 15,000 pounds or more, but less
170	than 20,000 pounds:  $131 flat.
171	3.  Gross vehicle weight of 20,000 pounds or more, but less
172	than 26,000 pounds:  $186 flat.
173	4.  Gross vehicle weight of 26,000 pounds or more, but less
174	than 35,000 pounds:  $240 flat.
175	5.  Gross vehicle weight of 35,000 pounds or more, but less
176	than 44,000 pounds:  $300 flat.
177	6.  Gross vehicle weight of 44,000 pounds or more, but less
178	than 55,000 pounds:  $572 flat.
179	7.  Gross vehicle weight of 55,000 pounds or more, but less
180	than 62,000 pounds:  $678 flat.
181	8.  Gross vehicle weight of 62,000 pounds or more, but less
182	than 72,000 pounds:  $800 flat.
183	9.  Gross vehicle weight of 72,000 pounds or more:  $979
184	flat.
185	Section 10.  Subsection (1) of section 320.0821, Florida
186	Statutes, is amended, and subsection (5) is added to that
187	section, to read:
188	320.0821  Wrecker license plates.--
189	(1)  The department shall issue one a wrecker license
190	plate, regardless of gross vehicle weight, to the owner of any
191	motor vehicle that is used to tow, carry, or otherwise transport
192	motor vehicles and that is equipped for that purpose with a
193	boom, winch, carrier, or other similar equipment, except a motor
194	vehicle registered under the International Registration Plan,
195	upon application and payment of the appropriate license tax and
196	fees in accordance with s. 320.08(5)(d) or (e).
197	(5)  A wrecker license plate must be displayed on the front
198	of such vehicle.
199	Section 11.  Effective January 1, 2006, subsection (1) of
200	section 320.0821, Florida Statutes, as amended by this act, is
201	amended to read:
202	320.0821  Wrecker license plates.--
203	(1)  The department shall issue one wrecker license plate,
204	regardless of gross vehicle weight, to the owner of a wrecker
205	any motor vehicle that is used to tow, carry, or otherwise
206	transport motor vehicles and that is equipped for that purpose
207	with a boom, winch, carrier, or other similar equipment, except
208	a motor vehicle registered under the International Registration
209	Plan, upon application and payment of the appropriate license
210	tax and fees in accordance with s. 320.08(5)(d) or (e). However,
211	the department may issue or renew a wrecker license plate only
212	if the owner of the wrecker is a wrecker company registered
213	under chapter 508. This section does not apply to a motor
214	vehicle registered under the International Registration Plan.
215	Section 12.  Paragraph (a) of subsection (1) of section
216	320.13, Florida Statutes, is amended to read:
217	320.13  Dealer and manufacturer license plates and
218	alternative method of registration.--
219	(1)(a)  Any licensed motor vehicle dealer and any licensed
220	mobile home dealer may, upon payment of the license tax imposed
221	by s. 320.08(12), secure one or more dealer license plates,
222	which are valid for use on motor vehicles or mobile homes owned
223	by the dealer to whom such plates are issued while the motor
224	vehicles are in inventory and for sale, or while being operated
225	in connection with such dealer's business, but are not valid for
226	use for hire. Dealer license plates may not be used on any tow
227	truck or wrecker as defined in s. 320.01 unless the tow truck or
228	wrecker is being demonstrated for sale, and the dealer license
229	plates may not be used on a vehicle used to transport another
230	motor vehicle for the motor vehicle dealer.
231	Section 13.  Effective January 1, 2006, section 321.051,
232	Florida Statutes, is amended to read:
233	(Substantial rewording of section. See
234	s. 321.051, F.S., for present text.)
235	321.051  Florida Highway Patrol wrecker allocation system;
236	penalties for operation outside of system.--
237	(1)  As used in this section, the term:
238	(a)  "Division" means the Division of the Florida Highway
239	Patrol within the Department of Highway Safety and Motor
240	Vehicles.
241	(b)  "Authorized wrecker company" means a wrecker company
242	designated by the division as part of its wrecker allocation
243	system.
244	(c)  "Unauthorized wrecker company" means a wrecker company
245	not designated by the division as part of its wrecker allocation
246	system.
247	(d)  "Wrecker company" has the same meaning ascribed in s.
248	508.01.
249	(e)  "Wrecker operator" has the same meaning ascribed in s.
250	508.01.
251	(f)  "Wrecker services" has the same meaning ascribed in s.
252	508.01.
253	(2)(a)  The division may establish within areas designated
254	by the division a wrecker allocation system, using qualified,
255	reputable wrecker companies, for the removal from crash scenes
256	and the storage of wrecked or disabled vehicles when the owner
257	or operator is incapacitated, unavailable, or leaves the
258	procurement of wrecker services to the officer at the scene and
259	for the removal and storage of abandoned vehicles.
260	(b)  The wrecker allocation system may use only wrecker
261	companies registered under chapter 508. Each reputable wrecker
262	company registered under chapter 508 is eligible for use in the
263	system if its equipment and wrecker operators meet the
264	recognized safety qualifications and mechanical standards set by
265	the division's rules for the size of vehicle they are designed
266	to handle. The division may limit the number of wrecker
267	companies participating in the wrecker allocation system.
268	(c)  The division may establish maximum rates for the
269	towing and storage of vehicles removed at the division's request
270	if those rates are not established by a county or municipality
271	under s. 125.0103 or s. 166.043. These rates are not rules for
272	the purpose of chapter 120; however, the Department of Highway
273	Safety and Motor Vehicles shall adopt rules prescribing the
274	procedures for setting these rates.
275	(d)  Notwithstanding chapter 120, a final order of the
276	department denying, suspending, or revoking a wrecker company's
277	participation in the wrecker allocation system may be appealed
278	only in the manner and within the time provided by the Florida
279	Rules of Appellate Procedure by a writ of certiorari issued by
280	the circuit court in the county in which the wrecker company's
281	primary place of business is located, as evidenced by the
282	wrecker company's registration under chapter 508.
283	(3)(a)  An unauthorized wrecker company, its wrecker
284	operators, or its other employees or agents may not monitor a
285	police radio for communications between patrol field units and
286	the dispatcher in order to determine the location of a wrecked
287	or disabled vehicle for the purpose of dispatching its wrecker
288	operator to drive by the scene of the vehicle in a manner
289	described in paragraph (b) or paragraph (c). Any person who
290	violates this paragraph commits a noncriminal violation,
291	punishable as provided in s. 775.083.
292	(b)  A wrecker operator dispatched by an unauthorized
293	wrecker company may not drive by the scene of a wrecked or
294	disabled vehicle before the arrival of the wrecker operator
295	dispatched by the authorized wrecker company, initiate contact
296	with the owner or operator of the vehicle by soliciting or
297	offering wrecker services, or tow the vehicle. Any person who
298	violates this paragraph commits a misdemeanor of the second
299	degree, punishable as provided in s. 775.082 or s. 775.083.
300	(c)  When a wrecker operator dispatched by an unauthorized
301	wrecker company drives by the scene of a wrecked or disabled
302	vehicle and the owner or operator initiates contact by signaling
303	the wrecker operator to stop and provide wrecker services, the
304	wrecker operator must disclose to the owner or operator of the
305	vehicle that he or she was not dispatched by the authorized
306	wrecker company designated as part of the wrecker allocation
307	system and must disclose, in writing, what charges for towing
308	and storage will apply before the vehicle is connected to the
309	towing apparatus. Any person who violates this paragraph commits
310	a misdemeanor of the second degree, punishable as provided in s.
311	775.082 or s. 775.083.
312	(d)  A wrecker operator may not falsely identify himself or
313	herself as being part of, or as being employed by a wrecker
314	company that is part of, the wrecker allocation system at the
315	scene of a wrecked or disabled vehicle. Any person who violates
316	this paragraph commits a misdemeanor of the first degree,
317	punishable as provided in s. 775.082 or s. 775.083.
318	(4)  This section does not prohibit, or in any way prevent,
319	the owner or operator of a vehicle involved in a crash or
320	otherwise disabled from contacting any wrecker company for the
321	provision of wrecker services, regardless of whether the wrecker
322	company is an authorized wrecker company or not. However, if a
323	law enforcement officer determines that the disabled vehicle or
324	vehicle cargo is a public safety hazard, the officer may, in the
325	interest of public safety, dispatch an authorized wrecker
326	company if the officer believes that the authorized wrecker
327	company would arrive at the scene before the wrecker company
328	requested by the owner or operator of the disabled vehicle or
329	vehicle cargo.
330	(5)  A law enforcement officer may dispatch an authorized
331	wrecker company out of rotation to the scene of a wrecked or
332	disabled vehicle if the authorized wrecker company next on
333	rotation is not equipped to provide the required wrecker
334	services and the out-of-rotation authorized wrecker company is
335	available with the required equipment. However, this subsection
336	does not prohibit or prevent the owner or operator of a vehicle
337	involved in a crash or otherwise disabled from contacting any
338	wrecker company who is properly equipped to provide the required
339	wrecker services, regardless of whether the wrecker company is
340	an authorized wrecker company or not, unless the law enforcement
341	officer determines that the wrecked or disabled vehicle is a
342	public safety hazard and the officer believes that the
343	authorized wrecker company would arrive at the scene before the
344	wrecker company requested by the owner or operator.
345	Section 14.  Effective January 1, 2006, section 323.001,
346	Florida Statutes, is amended to read:
347	(Substantial rewording of section. See
348	s. 323.001, F.S., for present text.)
349	323.001  Wrecker company storage facilities; vehicle
350	holds.--
351	(1)  As used in this section, the term:
352	(a)  "Business day" means a day other than a Saturday,
353	Sunday, or federal or state legal holiday.
354	(b)  "Wrecker company" has the same meaning ascribed in s.
355	508.01.
356	(2)  A law enforcement agency may place a hold on a motor
357	vehicle stored within a wrecker company's storage facility for 5
358	business days, thereby preventing a motor vehicle from being
359	released to its owner.
360	(3)  To extend a hold, the law enforcement agency must
361	notify the wrecker company in writing within the 5 business
362	days. If notification is not made within the 5 business days,
363	the wrecker company must release the vehicle to the designated
364	person under s. 713.78.
365	(a)  If the hold is extended beyond the 5 business days,
366	the law enforcement agency may have the vehicle removed to a
367	designated impound lot, in which event the vehicle may not be
368	released by the law enforcement agency to the owner or
369	lienholder of the vehicle until proof of payment of the towing
370	and storage charges incurred by the wrecker company is presented
371	to the law enforcement agency.
372	(b)  If the law enforcement agency chooses to have the
373	vehicle remain at the wrecker company's storage facility for
374	more than 5 business days under the written notification, the
375	law enforcement agency is responsible for paying the storage
376	charges incurred by the wrecker company for the requested
377	extended period. In such an event, the owner or lienholder is
378	responsible for paying the accrued towing and storage charges
379	for the first 5 business days, or any period less than the first
380	5 business days, if the law enforcement agency moves the vehicle
381	from the wrecker company's storage facility to a designated
382	impound lot or provides written notification to extend the hold
383	on the vehicle before the expiration of the 5 business days.
384	(c)  The towing and storage rates for the owner or
385	lienholder of the held vehicle may not exceed the rates for the
386	law enforcement agency.
387	(4)  If there is a judicial finding of no probable cause
388	for having continued the immobilization or impoundment, the law
389	enforcement agency ordering the hold must pay the accrued
390	charges for any towing and storage.
391	(5)  The requirements for a written hold apply when the
392	following conditions are present:
393	(a)  The law enforcement officer has probable cause to
394	believe that the vehicle should be seized and forfeited under
395	the Florida Contraband Forfeiture Act, ss. 932.701-932.707;
396	(b)  The law enforcement officer has probable cause to
397	believe that the vehicle should be seized and forfeited under
398	chapter 370 or chapter 372;
399	(c)  The law enforcement officer has probable cause to
400	believe that the vehicle was used as the means of committing a
401	crime;
402	(d)  The law enforcement officer has probable cause to
403	believe that the vehicle is itself evidence that tends to show
404	that a crime has been committed or that the vehicle contains
405	evidence, which cannot readily be removed, which tends to show
406	that a crime has been committed;
407	(e)  The law enforcement officer has probable cause to
408	believe that the vehicle was involved in a traffic accident
409	resulting in death or personal injury and should be sealed for
410	investigation and collection of evidence by a vehicular homicide
411	investigator;
412	(f)  The vehicle is impounded or immobilized under s.
413	316.193 or s. 322.34; or
414	(g)  The law enforcement officer is complying with a court
415	order.
416	(6)  The hold must be in writing and must specify:
417	(a)  The name and agency of the law enforcement officer
418	placing the hold on the vehicle;
419	(b)  The date and time the hold is placed on the vehicle;
420	(c)  A general description of the vehicle, including its
421	color, make, model, body style, and year; VIN (Vehicle
422	Identification Number); registration license plate number,
423	state, and year; and validation sticker number, state, and year;
424	(d)  The specific reason for placing the hold;
425	(e)  The condition of the vehicle;
426	(f)  The location where the vehicle is being held; and
427	(g)  The name, address, and telephone number of the wrecker
428	company and the storage facility.
429	(7)  A wrecker company's storage facility must comply with
430	a hold placed by a law enforcement officer, including
431	instructions for inside or outside storage. A wrecker company's
432	storage facility may not release a motor vehicle subject to a
433	hold to any person except as directed by the law enforcement
434	agency placing the hold.
435	(8)  When a vehicle owner is found guilty of, or pleads
436	nolo contendere to, the offense that resulted in a hold being
437	placed on his or her vehicle, regardless of the adjudication of
438	guilt, the owner must pay the accrued towing and storage charges
439	assessed against the vehicle.
440	Section 15.  Effective January 1, 2006, section 323.002,
441	Florida Statutes, is amended to read:
442	(Substantial rewording of section. See
443	s. 323.002, F.S., for present text.)
444	323.002  County and municipal wrecker allocation systems;
445	penalties for operation outside of system.--
446	(1)  As used in this section, the term:
447	(a)  "Authorized wrecker company" means a wrecker company
448	designated as part of the wrecker allocation system established
449	by the governmental unit having jurisdiction over the scene of a
450	wrecked or disabled vehicle.
451	(b)  "Unauthorized wrecker company" means a wrecker company
452	not designated as part of the wrecker allocation system
453	established by the governmental unit having jurisdiction over
454	the scene of a wrecked or disabled vehicle.
455	(c)  "Wrecker allocation system" means a system for the
456	towing or removal of wrecked, disabled, or abandoned vehicles,
457	similar to the Florida Highway Patrol wrecker allocation system
458	described in s. 321.051(2), under which a county or municipality
459	contracts with one or more wrecker companies registered under
460	chapter 508 for the towing or removal of wrecked, disabled, or
461	abandoned vehicles from accident scenes, streets, or highways.
462	Each wrecker allocation system must use a method for
463	apportioning the towing assignments among the eligible wrecker
464	companies through the creation of geographic zones, a rotation
465	schedule, or a combination of these methods.
466	(d)  "Wrecker company" has the same meaning ascribed in s.
467	508.01.
468	(e)  "Wrecker operator" has the same meaning ascribed in s.
469	508.01.
470	(f)  "Wrecker services" has the same meaning ascribed in s.
471	508.01.
472	(2)  In a county or municipality that operates a wrecker
473	allocation system:
474	(a)  The wrecker allocation system may only use wrecker
475	companies registered under chapter 508.
476	(b)  An unauthorized wrecker company, its wrecker
477	operators, or its other employees or agents may not monitor a
478	police radio for communications between patrol field units and
479	the dispatcher in order to determine the location of a wrecked
480	or disabled vehicle for the purpose of dispatching its wrecker
481	operator to drive by the scene of the vehicle in a manner
482	described in paragraph (c) or paragraph (d). Any person who
483	violates this paragraph commits a noncriminal violation,
484	punishable as provided in s. 775.083.
485	(c)  A wrecker operator dispatched by an unauthorized
486	wrecker company may not drive by the scene of a wrecked or
487	disabled vehicle before the arrival of the wrecker operator
488	dispatched by the authorized wrecker company, initiate contact
489	with the owner or operator of the vehicle by soliciting or
490	offering wrecker services, or tow the vehicle. Any person who
491	violates this paragraph commits a misdemeanor of the second
492	degree, punishable as provided in s. 775.082 or s. 775.083.
493	(d)  When a wrecker operator dispatched by an unauthorized
494	wrecker company drives by the scene of a wrecked or disabled
495	vehicle and the owner or operator initiates contact by signaling
496	the wrecker operator to stop and provide wrecker services, the
497	wrecker operator must disclose to the owner or operator of the
498	vehicle that he or she was not dispatched by the authorized
499	wrecker company designated as part of the wrecker allocation
500	system and must disclose, in writing, what charges for towing
501	and storage will apply before the vehicle is connected to the
502	towing apparatus. Any person who violates this paragraph commits
503	a misdemeanor of the second degree, punishable as provided in s.
504	775.082 or s. 775.083.
505	(e)  A wrecker operator may not falsely identify himself or
506	herself as being part of, or as being employed by a wrecker
507	company that is part of, the wrecker allocation system at the
508	scene of a wrecked or disabled vehicle. Any person who violates
509	this paragraph commits a misdemeanor of the first degree,
510	punishable as provided in s. 775.082 or s. 775.083.
511	(3)  This section does not prohibit, or in any way prevent,
512	the owner or operator of a vehicle involved in a crash or
513	otherwise disabled from contacting any wrecker company for the
514	provision of wrecker services, regardless of whether the wrecker
515	company is an authorized wrecker company or not. However, if a
516	law enforcement officer determines that the disabled vehicle or
517	vehicle cargo is a public safety hazard, the officer may, in the
518	interest of public safety, dispatch an authorized wrecker
519	company if the officer believes that the authorized wrecker
520	company would arrive at the scene before the wrecker company
521	requested by the owner or operator of the disabled vehicle or
522	vehicle cargo.
523	(4)  A law enforcement officer may dispatch an authorized
524	wrecker company out of rotation to the scene of a wrecked or
525	disabled vehicle if the authorized wrecker company next on
526	rotation is not equipped to provide the required wrecker
527	services and the out-of-rotation authorized wrecker company is
528	available with the required equipment. However, this subsection
529	does not prohibit or prevent the owner or operator of a vehicle
530	involved in a crash or otherwise disabled from contacting any
531	wrecker company that is properly equipped to provide the
532	required wrecker services, regardless of whether the wrecker
533	company is an authorized wrecker company or not, unless the law
534	enforcement officer determines that the wrecked or disabled
535	vehicle is a public safety hazard and the officer believes that
536	the authorized wrecker company would arrive at the scene before
537	the wrecker company requested by the owner or operator.
538	Section 16.  Chapter 508, Florida Statutes, consisting of
539	sections 508.01, 508.02, 508.03, 508.04, 508.05, 508.06,
540	508.061, 508.07, 508.08, 508.09, 508.10, 508.11, 508.12, 508.13,
541	508.14, 508.15, 508.16, 508.17, 508.18, 508.19, and 508.20,
542	Florida Statutes, is created to read:
543	CHAPTER 508
544	WRECKER SERVICES
545
546	508.01  Definitions.--As used in this chapter, the term:
547	(1)  "Business entity" means any form of corporation,
548	limited liability company, partnership, association,
549	cooperative, joint venture, business trust, sole proprietorship,
550	or self-employed person conducting business in this state.
551	(2)  "Council" means the Wrecker Operator Advisory Council.
552	(3)  "Department" means the Department of Agriculture and
553	Consumer Services.
554	(4)  "Specialized wrecker services" means those wrecker
555	services described in s. 508.08 for which a wrecker operator
556	must have an endorsement to perform those services.
557	(5)  "Ultimate equitable owner" means a natural person who,
558	directly or indirectly, owns or controls 10 percent or more of
559	an ownership interest in a wrecker company, regardless of
560	whether the natural person owns or controls the ownership
561	interest through one or more natural persons or one or more
562	proxies, powers of attorney, nominees, business entities, or any
563	combination thereof.
564	(6)  "Vehicle" means any vehicle of a type that may be
565	registered under chapter 320 for operation on the roads of this
566	state, regardless of whether the vehicle is actually registered.
567	The term does not include a mobile home or manufactured home as
568	defined in s. 320.01.
569	(7)  "Vessel" means every description of watercraft, barge,
570	and air boat used or capable of being used as a means of
571	transportation on water, other than a seaplane or a "documented
572	vessel" as defined in s. 327.02.
573	(8)  "Wrecker" has the same meaning ascribed in s. 320.01.
574	(9)  "Wrecker company" means a business entity engaged for
575	hire in the business of towing, carrying, or transporting
576	vehicles or vessels by wrecker upon the streets and highways of
577	this state. The term does not include a person regularly engaged
578	in the business of transporting mobile homes.
579	(10)  "Wrecker operator" means a person who performs
580	wrecker services.
581	(11)  "Wrecker services" means towing, carrying, or
582	otherwise transporting vehicles or vessels by wrecker upon the
583	streets and highways of this state for hire. The term includes,
584	but is not limited to, each of the following:
585	(a)  Driving a wrecker.
586	(b)  Loading, securing, and unloading a vehicle or vessel
587	on a wrecker using a boom, winch, car carrier, or other similar
588	equipment.
589	(c)  Towing or removal of a wrecked, disabled, or abandoned
590	vehicle under the Florida Highway Patrol wrecker allocation
591	system pursuant to s. 321.051 or under a county or municipal
592	wrecker allocation system pursuant to s. 323.002.
593	(d)  Towing, recovery, or removal of a vehicle or vessel
594	under s. 713.78.
595	(e)  Towing, transportation, or removal of a vehicle or
596	vessel parked on real property without permission under s.
597	715.07.
598	(f)  Recovery of a vehicle or vessel.
599	508.02  Wrecker Operator Advisory Council.--
600	(1)  The Wrecker Operator Advisory Council is created
601	within the department. The council shall advise and assist the
602	department in administering this chapter.
603	(2)(a)  The council shall be composed of seven members
604	appointed by the Commissioner of Agriculture. One member must be
605	an officer of an organization whose members are engaged in
606	towing or transporting vehicles, vessels, or mobile homes.
607	(b)  Three members of the council must each be an ultimate
608	equitable owner of a wrecker company who has been an ultimate
609	equitable owner of that company for at least 5 years before his
610	or her appointment; one member must be a wrecker operator who is
611	not an ultimate equitable owner of a wrecker company and who has
612	been a wrecker operator for at least 5 years before his or her
613	appointment; and two members must be laypersons. Each member
614	must be a resident of this state. This paragraph expires July 1,
615	2011.
616	(c)  Effective July 1, 2011, three members of the council
617	must each be an ultimate equitable owner of a wrecker company
618	registered under this chapter who has been an ultimate equitable
619	owner of that company registered for at least 5 years before his
620	or her appointment; one member must be a wrecker operator
621	certified under this chapter who is not an ultimate equitable
622	owner of a wrecker company and who has been a wrecker operator
623	certified for at least 5 years before his or her appointment;
624	and two members must be laypersons. Each member must be a
625	resident of this state.
626	(3)  The term of each member of the council is 4 years,
627	except, to establish staggered terms, two members who are owners
628	of wrecker companies and one layperson shall be appointed
629	initially for a 2-year term. Members may be reappointed for
630	additional terms not to exceed 8 years of consecutive service. A
631	vacancy shall be filled for the remainder of the unexpired term
632	in the same manner as the original appointment.
633	(4)(a)  From among its members, the council shall annually
634	elect a chair, who shall preside over the meetings of the
635	council, and a vice chair.
636	(b)  In conducting its meetings, the council shall use
637	accepted rules of procedure. The department shall keep a
638	complete record of each meeting which must show the names of
639	members present and the actions taken. These records and other
640	documents about matters within the jurisdiction of the council
641	must be kept on file with the department.
642	(5)  The members of the council shall serve without
643	compensation but are entitled to reimbursement of travel and per
644	diem expenses under s. 112.061.
645	(6)  The department shall provide administrative and staff
646	support services relating to the functions of the council.
647	(7)  The council shall review the rules adopted by the
648	department to administer this chapter and shall advise the
649	department on matters relating to industry standards and
650	practices and other issues that require technical expertise and
651	consultation or that promote better consumer protection in the
652	wrecker industry.
653	508.03  Rulemaking authority.--The department may adopt
654	rules under ss. 120.536(1) and 120.54 to administer this
655	chapter.
656	508.04  Wrecker companies; registration
657	required.--Effective January 1, 2006:
658	(1)  A person may not own, operate, solicit business,
659	advertise wrecker services, or otherwise engage for hire in the
660	business of a wrecker company in this state unless that person
661	is registered with the department under this chapter.
662	(2)  A person applying for or renewing a local occupational
663	license to engage for hire in the business of a wrecker company
664	must exhibit a current registration certificate from the
665	department before the local occupational license may be issued
666	or reissued under chapter 205.
667	(3)  This section does not apply to a motor vehicle repair
668	shop registered with the department under s. 559.904 which
669	derives at least 80 percent of its gross sales from motor
670	vehicle repairs, or to any franchised motor vehicle dealers
671	licensed pursuant to s. 320.27 when wrecker services are
672	incidental to the operation of the franchise.
673	508.05  Registration requirements; renewal of
674	registrations.--
675	(1)  Each wrecker company engaged or attempting to engage
676	for hire in the business of towing, carrying, or transporting
677	vehicles, vessels, or mobile homes by wrecker upon the streets
678	and highways of this state must annually register with the
679	department on forms prescribed by the department. The
680	application for registration must include at least the following
681	information:
682	(a)  The name and federal employer identification number of
683	the wrecker company.
684	(b)  The mailing address, physical address, and telephone
685	number of the wrecker company's primary place of business.
686	(c)  The fictitious name under which the wrecker company
687	transacts business in this state.
688	(d)  The full name, residence address, business address,
689	and telephone number of the applicant. If the applicant is other
690	than a natural person, the application must also contain the
691	full name, residence address, business address, telephone
692	number, and federal employer identification number, if
693	applicable, of each ultimate equitable owner of the business
694	entity and each officer, director, partner, manager, member, or
695	managing member of the entity.
696	(e)  If the applicant is other than a natural person, the
697	full name of the business entity's registered agent and the
698	address of the registered office for service of process.
699	(f)  The physical address and telephone number of each
700	business location and each storage facility where the wrecker
701	company stores towed vehicles, vessels, or mobile homes.
702	(2)  Each initial and renewal application for registration
703	must be accompanied by the registration fee prescribed in s.
704	508.16.
705	(3)  Each initial application for registration must be
706	accompanied by a complete set of the applicant's fingerprints
707	taken by a law enforcement agency. If the applicant is other
708	than a natural person, a complete set of fingerprints must also
709	be filed for each ultimate equitable owner of the business
710	entity and each officer, director, partner, manager, member, or
711	managing member of the entity. The department shall submit the
712	fingerprints to the Department of Law Enforcement for state
713	processing, and the Department of Law Enforcement shall forward
714	the fingerprints to the Federal Bureau of Investigation for
715	national processing. The Department of Agriculture and Consumer
716	Services shall collect from each applicant the fingerprint
717	processing fee of $23 for state processing and an additional fee
718	for federal processing for each applicant's name submitted. The
719	Department of Agriculture and Consumer Services shall screen
720	background results to determine if the applicant meets the
721	requirements for issuance of a registration certificate.
722	Registration renewal applications need not be accompanied by a
723	set of fingerprints for an individual who previously submitted a
724	set of fingerprints to the department as part of a prior year's
725	registration application.
726	(4)  The department shall review each application in
727	accordance with s. 120.60 and shall issue a registration
728	certificate, in the form and size prescribed by the department,
729	to each wrecker company whose application is approved. The
730	certificate must show at least the name and address of the
731	wrecker company and the registration number. The registration
732	certificate must be prominently displayed in the wrecker
733	company's primary place of business.
734	(5)  Each advertisement of a wrecker company must include
735	the phrase "Fla. Wrecker Co. Reg. No.     ." For the purpose of
736	this subsection, the term "advertisement" means a printed or
737	graphic statement made in a newspaper or other publication or
738	contained in any notice, handbill, or sign, including signage on
739	a vehicle, flyer, catalog, or letter.
740	(6)  A registration is invalid for a wrecker company
741	transacting business at a place other than the location
742	designated in the registration application unless the department
743	is first notified in writing before the change of location. A
744	registration issued under this chapter is not transferable or
745	assignable, and a wrecker company may not conduct business under
746	a name other than as registered. A wrecker company desiring to
747	change its registered name, location, or registered agent for
748	service of process at a time other than upon renewal of
749	registration must notify the department of the change.
750	(7)(a)  Each registration must be renewed annually on or
751	before the expiration date of the current registration. A late
752	fee of $25 must be paid, in addition to the registration fee or
753	any other penalty, for a registration renewal application that
754	is received by the department after the expiration date of the
755	current registration. The department may not issue a
756	registration until all fees are paid.
757	(b)  A wrecker company whose primary place of business is
758	located within a county or municipality that requires, by local
759	ordinance, a local occupational license under chapter 205 may
760	not renew a license under this chapter unless the wrecker
761	company obtains the occupational license from the county or
762	municipality.
763	(8)  Each wrecker company must provide the department with
764	a certificate of insurance for the required insurance coverage
765	under s. 627.7415 before the department may issue the
766	registration certificate for an initial or renewal registration.
767	The department must be named as a certificateholder on the
768	insurance certificate and must be notified at least 30 days
769	before any change in insurance coverage.
770	(9)  The department shall notify the Department of Highway
771	Safety and Motor Vehicles when a registration issued under this
772	chapter has been suspended or revoked by order of the
773	department. Notification must be sent within 10 days after the
774	department issues the suspension or revocation order.
775	508.06  Denial of registration.--The department may deny,
776	revoke, or refuse to renew the registration of a wrecker company
777	based upon a determination that the applicant or, if the
778	applicant is other than a natural person, the wrecker company or
779	any of its ultimate equitable owners, officers, directors,
780	partners, managers, members, or managing members has:
781	(1)  Not met the requirements for registration under this
782	chapter;
783	(2)  Been convicted of, found guilty of, or pled guilty or
784	nolo contendere to, regardless of the adjudication of guilt, a
785	felony within the last 7 years;
786	(3)  Been convicted of, found guilty of, or pled guilty or
787	nolo contendere to, regardless of the adjudication of guilt, a
788	crime within the last 7 years involving repossession of a motor
789	vehicle under chapter 493; repair of a motor vehicle under ss.
790	559.901-559.9221; theft of a motor vehicle under s. 812.014;
791	carjacking under s. 812.133; operation of a chop shop under s.
792	812.16; failure to maintain records of motor vehicle parts and
793	accessories under s. 860.14; airbag theft or use of fake airbags
794	under s. 860.145 or s. 860.146; overcharging for repairs and
795	parts under s. 860.15; or a violation of towing or storage
796	requirements for a motor vehicle under s. 321.051, chapter 323,
797	s. 713.78, s. 715.07, or this chapter;
798	(4)  Not satisfied a civil fine or penalty arising out of
799	an administrative or enforcement action brought by the
800	department, another governmental agency, or a private person
801	based upon conduct involving a violation of this chapter;
802	(5)  Pending against him or her a criminal, administrative,
803	or enforcement proceeding in any jurisdiction based upon conduct
804	involving a violation of this chapter; or
805	(6)  An administrative order entered against him or her in
806	an action brought by the department under this chapter.
807	508.061  Acceptable forms of payment.--A wrecker company
808	shall accept a minimum of two of the following forms of payment:
809	(1)  Cash, cashier's check, money order, or traveler's
810	check;
811	(2)  Valid personal check, showing upon its face the name
812	and address of the vehicle or vessel owner or authorized
813	representative; or
814	(3)  Valid credit card, which shall include, but not be
815	limited to, Visa or MasterCard.
816	508.07  Wrecker operator certification program.--
817	(1)  The department, in consultation with the council,
818	shall establish a wrecker operator certification program by
819	December 31, 2005. Under this program, the council shall approve
820	certification courses for wrecker operators conducted by
821	approved organizations. The council shall prescribe the minimum
822	curricula for these courses, which must comprise at least 16
823	hours, equally apportioned between theoretical instruction and
824	practical training. The council must approve each organization
825	and its certification course before the course is accepted for
826	certification of wrecker operators under this chapter.
827	(2)  Each approved wrecker operator certification course
828	must include a certification examination demonstrating a wrecker
829	operator's knowledge, skills, and abilities in performing
830	wrecker services and in the instruction and training of the
831	certification course. The council must approve each
832	certification examination before the examination is accepted for
833	certification of wrecker operators under this chapter.
834	(3)  Each organization conducting an approved wrecker
835	operator certification course must issue on forms prescribed by
836	the department a certificate to each wrecker operator who
837	completes the approved certification course or who passes the
838	approved certification examination.
839	508.08  Specialized wrecker services.--
840	(1)  In addition to the minimum curricula for certification
841	of wrecker operators, each approved certification course must
842	offer optional instruction, training, and examination of wrecker
843	operators for each of the following specialized wrecker
844	services:
845	(a)  Light duty.--Towing and winching a passenger vehicle,
846	and uprighting such an overturned vehicle, including the proper
847	use of chains, wire rope, and straps.
848	(b)  Medium duty.--Towing and winching a medium-sized
849	commercial vehicle, and uprighting such an overturned vehicle.
850	(c)  Heavy duty.--Towing and winching a standard large-
851	large-sized commercial vehicle, and uprighting such an
852	overturned vehicle.
853	(d)  Ultra-heavy duty.--Towing and winching a specialty
854	large-sized commercial vehicle or another complex vehicle, and
855	uprighting such an overturned vehicle.
856	(e)  Rollback wrecker.--Proper loading, securing,
857	transporting, and unloading of a vehicle on a flatbed-rollback
858	wrecker.
859	(f)  Hazardous materials.--Awareness of hazardous
860	materials. Instruction and training for this wrecker service
861	must comprise at least 8 hours in order to be approved.
862	(g)  Air cushions.--Proper use of air cushions in the
863	recovery of a heavy-duty vehicle.
864	(2)  The department shall adopt rules prescribing specific
865	standards to further define each of the specialized wrecker
866	services described in subsection (1). The council must approve
867	the instruction, training, and examination for a specialized
868	wrecker service before the specialized wrecker service is
869	accepted for endorsement of a wrecker operator's certification
870	under this chapter.
871	(3)  Each organization conducting an approved wrecker
872	operator certification course must issue on forms prescribed by
873	the department a certificate to each wrecker operator who
874	completes the approved instruction and training for a
875	specialized wrecker service or who passes the approved
876	endorsement examination for that specialized wrecker service.
877	508.09  Certification cards.--
878	(1)  Each organization conducting an approved wrecker
879	operator certification course must issue a certification card to
880	each wrecker operator who completes the approved certification
881	course and passes the approved certification examination. The
882	department must approve the form of the certification cards
883	issued by each organization. Each certification card must
884	include the wrecker operator's name, a color photograph or
885	digital image of the wrecker operator, and the expiration date
886	of the certification card.
887	(2)  Each certification card must also include the wrecker
888	operator's applicable endorsements for specialized wrecker
889	services, for which the wrecker operator completed the approved
890	instruction and training for the specialized wrecker service and
891	passed the approved endorsement examination for that specialized
892	wrecker service.
893	(3)  The department may adopt rules governing the issuance
894	of a certification card to a wrecker operator who:
895	(a)  Completes a certification course and passes a
896	certification examination in another state which are
897	substantially equivalent to the approved certification courses
898	and approved certification examinations in this state.
899	(b)  Completed a certification course and passed a
900	certification examination in this state between January 1, 2000,
901	and December 31, 2005, which are substantially equivalent to the
902	approved certification courses and the approved certification
903	examinations. This paragraph expires July 1, 2006.
904	(c)  Completed instruction and training for a specialized
905	wrecker service and passed an endorsement examination for that
906	specialized wrecker service between January 1, 2000, and
907	December 31, 2005, which are substantially equivalent to the
908	approved instruction and training and the approved endorsement
909	examinations. This paragraph expires July 1, 2006.
910
911	For the purposes of this subsection, the council shall approve
912	each certification examination in another state, and shall
913	approve the instruction, training, and examination for each
914	specialized wrecker service in another state, which the council
915	determines are substantially equivalent to the approved
916	certification courses and approved certification examinations in
917	this state or to the approved instruction, training, and
918	endorsement examinations for a specialized wrecker service in
919	this state.
920	(4)  Each certification card expires 5 years after the date
921	of issuance.
922	(5)  Certification cards shall be issued by the
923	organizations conducting approved wrecker operator certification
924	courses. The department is not responsible for issuing
925	certification cards or for the costs associated with the
926	issuance of certification cards.
927	508.10  Wrecker operators; certification required;
928	inspection of employment records.--Effective January 1, 2006:
929	(1)  A person may not perform wrecker services in this
930	state unless he or she is an employee or ultimate equitable
931	owner of a wrecker company that is registered with the
932	department under this chapter and those wrecker services are
933	performed on behalf of the wrecker company.
934	(2)(a)  A person may not perform wrecker services or
935	specialized wrecker services for a wrecker company for more than
936	6 months after first being employed by, or becoming an ultimate
937	equitable owner of, the wrecker company without being certified
938	as a wrecker operator under this chapter.
939	(b)  A wrecker operator certified under this chapter may
940	not perform a specialized wrecker service for a wrecker company
941	unless the wrecker operator's certification includes an
942	endorsement for that specialized wrecker service.
943	(3)(a)  Notwithstanding subsections (1) and (2), a person
944	may perform wrecker services or specialized wrecker services in
945	this state if he or she is an employee or ultimate equitable
946	owner of a motor vehicle repair shop registered with the
947	department under s. 559.904 and those wrecker services or
948	specialized wrecker services are performed on behalf of the
949	motor vehicle repair shop.
950	(b)  Notwithstanding subsections (1) and (2), a person may
951	perform wrecker services or specialized wrecker services in this
952	state if those wrecker services or specialized wrecker services
953	are performed on behalf of a religious organization that holds a
954	current exemption from federal taxation or that is not required
955	to apply for recognition of its exemption, under s. 501 of the
956	Internal Revenue Code.
957	(4)  The department may, at any time during business hours,
958	enter any business location of a wrecker company and examine the
959	company's books or records. If the department has reason to
960	believe that a violation of this chapter has occurred or is
961	occurring, the department may subpoena any necessary books or
962	records.
963	508.11  Renewal of certification; continuing education
964	requirements.--
965	(1)  The department, in consultation with the council,
966	shall establish a continuing education program for the
967	recertification of wrecker operators by December 31, 2007. In
968	order to renew a wrecker operator's certification card, an
969	operator must complete a continuing education course. The
970	council must prescribe the minimum curricula and proper
971	examination for each continuing education course, each of which
972	must be at least 8 hours in length. The council shall approve
973	each organization, and the continuing education course it
974	proposes to offer, before the course is approved for
975	recertifying wrecker operators.
976	(2)  Each organization conducting an approved wrecker
977	operator continuing education course must issue, on forms
978	prescribed by the department, a certificate to each wrecker
979	operator who completes the approved course or who passes an
980	approved recertification examination.
981	508.12  Prohibited acts.--It is a violation of this chapter
982	for a person to:
983	(1)  Charge rates that exceed the maximum rates imposed by
984	the ordinances of the respective county or municipality under
985	ss. 125.0103(1)(c) and 166.043(1)(c).
986	(2)  Violate s. 321.051, relating to the Florida Highway
987	Patrol wrecker allocation system.
988	(3)  Violate s. 323.002, relating to county and municipal
989	wrecker allocation systems.
990	(4)  Violate s. 713.78, relating to liens for recovering,
991	towing, or storing vehicles and vessels.
992	(5)  Violate s. 715.07, relating to towing or removing
993	vehicles and vessels parked on real property without permission.
994	(6)  Refuse to allow a law enforcement officer to inspect a
995	towing and storage facility, as required in s. 812.055.
996	(7)  Allow a person who is not certified as a wrecker
997	operator under this chapter to perform wrecker services or
998	specialized wrecker services for the wrecker company for more
999	than 6 months after first being employed by, or becoming an
1000	ultimate equitable owner of, the wrecker company.
1001	(8)  Allow a wrecker operator certified under this chapter
1002	to perform a specialized wrecker service for the wrecker company
1003	if the wrecker operator's certification does not include an
1004	endorsement for that specialized wrecker service.
1005	(9)  Perform an act otherwise prohibited by this chapter or
1006	fail to perform an act otherwise required by this chapter.
1007	508.13  Administrative penalties; inspection of records.--
1008	(1)  The department may order one or more of the following
1009	if the department finds that a person has violated this chapter
1010	or the rules or orders issued under this chapter:
1011	(a)  Issue a notice of noncompliance under s. 120.695.
1012	(b)  Impose an administrative fine not to exceed $5,000 for
1013	each act or omission.
1014	(c)  Direct the person to cease and desist specified
1015	activities.
1016	(d)  Refuse to register the wrecker company or suspend or
1017	revoke the wrecker company's registration.
1018	(e)  Place the wrecker company on probation for a period of
1019	time, subject to the conditions specified by the department.
1020	(2)  Chapter 120 shall govern an administrative proceeding
1021	resulting from an order imposing a penalty specified in
1022	subsection (1).
1023	508.14  Civil penalties.--The department may bring a civil
1024	action in a court of competent jurisdiction to recover any
1025	penalties or damages allowed in this chapter and for injunctive
1026	relief to enforce compliance with this chapter. The department
1027	may seek a civil penalty of up to $5,000 for each violation of
1028	this chapter and may seek restitution for and on behalf of any
1029	owner of a vehicle, vessel, or mobile home who is aggrieved or
1030	injured by a violation of this chapter.
1031	508.15  Criminal penalties.--Effective July 1, 2006:
1032	(1)  A person who violates s. 508.04(1) by operating a
1033	wrecker company in this state without being registered with the
1034	department under this chapter commits a felony of the third
1035	degree, punishable as provided in s. 775.082, s. 775.083, or s.
1036	775.084.
1037	(2)  A person who violates s. 508.10(1) by performing
1038	wrecker services in this state without being an employee or
1039	ultimate equitable owner of a wrecker company that is registered
1040	with the department under this chapter commits a felony of the
1041	third degree, punishable as provided in s. 775.082, s. 775.083,
1042	or s. 775.084.
1043	508.16  Fees.--The department shall adopt by rule a fee
1044	schedule, not to exceed the following amounts:
1045	(1)  Wrecker company registration fee: $515.
1046	(2)  Wrecker company registration renewal fee: $515.
1047	508.17  General Inspection Trust Fund; payments.--All fees,
1048	penalties, or other funds collected by the department under this
1049	chapter must be deposited in the General Inspection Trust Fund
1050	and may only be used for the purpose of administering this
1051	chapter.
1052	508.18  Recovery agents; exemption.--This chapter does not
1053	apply to a person licensed under chapter 493 performing
1054	repossession services.
1055	508.19  County and municipal ordinances.--A county or
1056	municipality may enact ordinances governing the business of
1057	transporting vehicles or vessels by wrecker which are more
1058	restrictive than this chapter. This section does not limit the
1059	authority of a political subdivision to impose regulatory fees
1060	or charges or to levy occupational license taxes under chapter
1061	205. The department may enter into a cooperative agreement with
1062	any county or municipality that provides for the referral,
1063	investigation, and prosecution of consumer complaints alleging
1064	violations of this act.  The department is authorized to
1065	delegate enforcement of this act to any county or municipality
1066	entering into a cooperative agreement.
1067	508.20  Records.--
1068	(1)  Each wrecker company shall maintain records of its
1069	wrecker services for at least 12 months. These records shall be
1070	maintained at the wrecker company's principal place of business.
1071	(2)  Each wrecker company shall maintain records on each of
1072	its wrecker operators sufficient to demonstrate that the
1073	operator has successfully completed an approved wrecker operator
1074	certification course or an approved wrecker operator continuing
1075	education course and is certified to perform wrecker services.
1076	These records shall be maintained at the wrecker company's
1077	principal place of business for as long as the operator is
1078	employed by the wrecker company and for at least 6 months
1079	thereafter.
1080	(3)  Each organization approved to conduct a wrecker
1081	operator certification course or approved to offer a wrecker
1082	operator continuing education course shall maintain records on
1083	each person who successfully completes one of the courses. The
1084	records shall be maintained at the organization's principal
1085	place of business for at least 5 years. The department may, at
1086	any time during normal business hours, enter the organization's
1087	principal place of business to examine the records.
1088	Section 17.  Subsections (2), (4), (5), (6), (7), (10),
1089	(11), and (13) of section 713.78, Florida Statutes, are amended
1090	to read:
1091	713.78  Liens for recovering, towing, or storing vehicles
1092	and vessels.--
1093	(2)  Whenever a person regularly engaged in the business of
1094	transporting vehicles or vessels by wrecker, tow truck, or car
1095	carrier recovers, removes, or stores a vehicle or, vessel, or
1096	mobile home upon instructions from:
1097	(a)  The owner thereof; or
1098	(b)  The owner or lessor, or a person authorized by the
1099	owner or lessor, of property on which such vehicle or vessel is
1100	wrongfully parked, and the such removal is done in compliance
1101	with s. 715.07; or
1102	(c)  Any law enforcement agency; or
1103	(d)  A mobile home park owner as defined in s. 723.003 who
1104	has a current writ of possession for a mobile home lot pursuant
1105	to s. 723.061,
1106
1107	she or he shall have a lien on the such vehicle or vessel for a
1108	reasonable towing fee and for a reasonable storage fee; except
1109	that no storage fee shall be charged if the such vehicle is
1110	stored for less than 6 hours.
1111	(4)(a)  Any person regularly engaged in the business of
1112	recovering, towing, or storing vehicles or vessels who comes
1113	into possession of a vehicle or vessel pursuant to subsection
1114	(2), and who claims a lien for recovery, towing, or storage
1115	services, shall give notice to the registered owner, the
1116	insurance company insuring the vehicle notwithstanding the
1117	provisions of s. 627.736, and to all persons claiming a lien
1118	thereon, as disclosed by the records in the Department of
1119	Highway Safety and Motor Vehicles or of a corresponding agency
1120	in any other state.
1121	(b)  Whenever any law enforcement agency authorizes the
1122	removal of a vehicle or vessel or whenever any towing service,
1123	garage, repair shop, or automotive service, storage, or parking
1124	place notifies the law enforcement agency of possession of a
1125	vehicle or vessel pursuant to s. 715.07(2)(a)2., the applicable
1126	law enforcement agency shall contact the Department of Highway
1127	Safety and Motor Vehicles, or the appropriate agency of the
1128	state of registration, if known, within 24 hours through the
1129	medium of electronic communications, giving the full description
1130	of the vehicle or vessel. Upon receipt of the full description
1131	of the vehicle or vessel, the department shall search its files
1132	to determine the owner's name, the insurance company insuring
1133	the vehicle or vessel, and whether any person has filed a lien
1134	upon the vehicle or vessel as provided in s. 319.27(2) and (3)
1135	and notify the applicable law enforcement agency within 72
1136	hours. The person in charge of the towing service, garage,
1137	repair shop, or automotive service, storage, or parking place
1138	shall obtain such information from the  applicable law
1139	enforcement agency within 5 days after from the date of storage
1140	and shall give notice pursuant to paragraph (a). The department
1141	may release the insurance company information to the requestor
1142	notwithstanding the provisions of s. 627.736.
1143	(c)  Notice by certified mail, return receipt requested,
1144	shall be sent within 7 business days after the date of storage
1145	of the vehicle or vessel to the registered owner, the insurance
1146	company insuring the vehicle notwithstanding the provisions of
1147	s. 627.736, and all persons of record claiming a lien against
1148	the vehicle or vessel.  It shall state the fact of possession of
1149	the vehicle or vessel, that a lien as provided in subsection (2)
1150	is claimed, that charges have accrued and the amount thereof,
1151	that the lien is subject to enforcement pursuant to law, and
1152	that the owner or lienholder, if any, has the right to a hearing
1153	as set forth in subsection (5), and that any vehicle or vessel
1154	which remains unclaimed, or for which the charges for recovery,
1155	towing, or storage services remain unpaid, may be sold free of
1156	all prior liens after 35 days if the vehicle or vessel is more
1157	than 3 years of age or after 50 days if the vehicle or vessel is
1158	3 years of age or less.
1159	(d)  If attempts to locate the name and address of the
1160	owner or lienholder prove unsuccessful, the towing-storage
1161	operator shall, after 7 working days, excluding Saturday and
1162	Sunday, of the initial tow or storage, notify the public agency
1163	of jurisdiction in writing by certified mail or acknowledged
1164	hand delivery that the towing-storage company has been unable to
1165	locate the name and address of the owner or lienholder and a
1166	physical search of the vehicle or vessel has disclosed no
1167	ownership information and a good faith effort has been made. For
1168	purposes of this paragraph and subsection (9), "good faith
1169	effort" means that the following checks have been performed by
1170	the company to establish prior state of registration and for
1171	title:
1172	1.  Check of vehicle or vessel for any type of tag, tag
1173	record, temporary tag, or regular tag.
1174	2.  Check of law enforcement report for tag number or other
1175	information identifying the vehicle or vessel, if the vehicle or
1176	vessel was towed at the request of a law enforcement officer.
1177	3.  Check of trip sheet or tow ticket of tow truck operator
1178	to see if a tag was on vehicle or vessel at beginning of tow, if
1179	private tow.
1180	4.  If there is no address of the owner on the impound
1181	report, check of law enforcement report to see if an out-of-
1182	state address is indicated from driver license information.
1183	5.  Check of vehicle or vessel for inspection sticker or
1184	other stickers and decals that may indicate a state of possible
1185	registration.
1186	6.  Check of the interior of the vehicle or vessel for any
1187	papers that may be in the glove box, trunk, or other areas for a
1188	state of registration.
1189	7.  Check of vehicle for vehicle identification number.
1190	8.  Check of vessel for vessel registration number.
1191	9.  Check of vessel hull for a hull identification number
1192	which should be carved, burned, stamped, embossed, or otherwise
1193	permanently affixed to the outboard side of the transom or, if
1194	there is no transom, to the outmost seaboard side at the end of
1195	the hull that bears the rudder or other steering mechanism.
1196	(5)(a)  The owner of a vehicle or vessel removed pursuant
1197	to the provisions of subsection (2), or any person claiming a
1198	lien, other than the towing-storage operator, within 10 days
1199	after the time she or he has knowledge of the location of the
1200	vehicle or vessel, may file a complaint in the county court of
1201	the county in which the vehicle or vessel is stored or in which
1202	the owner resides to determine if her or his property was
1203	wrongfully taken or withheld from her or him.
1204	(b)  Upon filing of a complaint, an owner or lienholder may
1205	have her or his vehicle or vessel released upon posting with the
1206	court a cash or surety bond or other adequate security equal to
1207	the amount of the charges for towing or storage and lot rental
1208	amount to ensure the payment of such charges in the event she or
1209	he does not prevail.  Upon the posting of the bond and the
1210	payment of the applicable fee set forth in s. 28.24, the clerk
1211	of the court shall issue a certificate notifying the lienor of
1212	the posting of the bond and directing the lienor to release the
1213	vehicle or vessel. At the time of such release, after reasonable
1214	inspection, she or he shall give a receipt to the towing-storage
1215	company reciting any claims she or he has for loss or damage to
1216	the vehicle or vessel or the contents thereof.
1217	(c)  Upon determining the respective rights of the parties,
1218	the court may award damages, attorney's fees, and costs in favor
1219	of the prevailing party.  In any event, the final order shall
1220	provide for immediate payment in full of recovery, towing, and
1221	storage fees by the vehicle or vessel owner or lienholder; or
1222	the agency ordering the tow; or the owner, lessee, or agent
1223	thereof of the property from which the vehicle or vessel was
1224	removed.
1225	(6)  Any vehicle or vessel which is stored pursuant to
1226	subsection (2) and which remains unclaimed, or for which
1227	reasonable charges for recovery, towing, or storing remain
1228	unpaid or for which a lot rental amount is due and owing to the
1229	mobile home park owner, as evidenced by a judgment for unpaid
1230	rent, and any contents not released pursuant to subsection (10),
1231	may be sold by the owner or operator of the storage space for
1232	such towing or storage charge or unpaid lot rental amount after
1233	35 days from the time the vehicle or vessel is stored therein if
1234	the vehicle or vessel is more than 3 years of age or after 50
1235	days following the time the vehicle or vessel is stored therein
1236	if the vehicle or vessel is 3 years of age or less. The sale
1237	shall be at public auction for cash. If the date of the sale was
1238	not included in the notice required in subsection (4), notice of
1239	the sale shall be given to the person in whose name the vehicle
1240	or, vessel, or mobile home is registered, to the mobile home
1241	park owner, and to all persons claiming a lien on the vehicle or
1242	vessel as shown on the records of the Department of Highway
1243	Safety and Motor Vehicles or of the corresponding agency in any
1244	other state. Notice shall be sent by certified mail, return
1245	receipt requested, to the owner of the vehicle or vessel and the
1246	person having the recorded lien on the vehicle or vessel at the
1247	address shown on the records of the registering agency and shall
1248	be mailed not less than 15 days before the date of the sale.
1249	After diligent search and inquiry, if the name and address of
1250	the registered owner or the owner of the recorded lien cannot be
1251	ascertained, the requirements of notice by mail may be dispensed
1252	with.  In addition to the notice by mail, public notice of the
1253	time and place of sale shall be made by publishing a notice
1254	thereof one time, at least 10 days prior to the date of the
1255	sale, in a newspaper of general circulation in the county in
1256	which the sale is to be held.  The proceeds of the sale, after
1257	payment of reasonable towing and storage charges, and costs of
1258	the sale, and the unpaid lot rental amount, in that order of
1259	priority, shall be deposited with the clerk of the circuit court
1260	for the county if the owner is absent, and the clerk shall hold
1261	such proceeds subject to the claim of the person legally
1262	entitled thereto. The clerk shall be entitled to receive 5
1263	percent of such proceeds for the care and disbursement thereof.
1264	The certificate of title issued under this law shall be
1265	discharged of all liens unless otherwise provided by court
1266	order.
1267	(7)(a)  A wrecker operator recovering, towing, or storing
1268	vehicles or vessels is not liable for damages connected with
1269	such services, theft of such vehicles or vessels, or theft of
1270	personal property contained in such vehicles or vessels,
1271	provided that such services have been performed with reasonable
1272	care and provided, further, that, in the case of removal of a
1273	vehicle or vessel upon the request of a person purporting, and
1274	reasonably appearing, to be the owner or lessee, or a person
1275	authorized by the owner or lessee, of the property from which
1276	such vehicle or vessel is removed, such removal has been done in
1277	compliance with s. 715.07. Further, a wrecker operator is not
1278	liable for damage to a vehicle, vessel, or cargo that obstructs
1279	the normal movement of traffic or creates a hazard to traffic
1280	and is removed in compliance with the request of a law
1281	enforcement officer. connected with such services when complying
1282	with the lawful directions of a law enforcement officer to
1283	remove a vehicle stopped, standing, or parked upon a street or
1284	highway in such a position as to obstruct the normal movement of
1285	traffic or in such a condition as to create a hazard to other
1286	traffic upon the street or highway.
1287	(b)  For the purposes of this subsection, a wrecker
1288	operator is presumed to use reasonable care to prevent the theft
1289	of a vehicle or vessel or of any personal property contained in
1290	such vehicle stored in the wrecker operator's storage facility
1291	if all of the following apply:
1292	1.  The wrecker operator surrounds the storage facility
1293	with a chain-link or solid-wall type fence at least 6 feet in
1294	height;
1295	2.  The wrecker operator has illuminated the storage
1296	facility with lighting of sufficient intensity to reveal persons
1297	and vehicles at a distance of at least 150 feet during
1298	nighttime; and
1299	3.  The wrecker operator uses one or more of the following
1300	security methods to discourage theft of vehicles or vessels or
1301	of any personal property contained in such vehicles or vessels
1302	stored in the wrecker operator's storage facility:
1303	a.  A night dispatcher or watchman remains on duty at the
1304	storage facility from sunset to sunrise;
1305	b.  A security dog remains at the storage facility from
1306	sunset to sunrise;
1307	c.  Security cameras or other similar surveillance devices
1308	monitor the storage facility; or
1309	d.  A security guard service examines the storage facility
1310	at least once each hour from sunset to sunrise.
1311	(c)  Any law enforcement agency requesting that a motor
1312	vehicle be removed from an accident scene, street, or highway
1313	must conduct an inventory and prepare a written record of all
1314	personal property found in the vehicle before the vehicle is
1315	removed by a wrecker operator. However, if the owner or driver
1316	of the motor vehicle is present and accompanies the vehicle, no
1317	inventory by law enforcement is required. A wrecker operator is
1318	not liable for the loss of personal property alleged to be
1319	contained in such a vehicle when such personal property was not
1320	identified on the inventory record prepared by the law
1321	enforcement agency requesting the removal of the vehicle.
1322	(10)  Persons who provide services pursuant to this section
1323	shall permit vehicle or vessel owners or their agents, which
1324	agency is evidenced by an original a writing acknowledged by the
1325	owner before a notary public or other person empowered by law to
1326	administer oaths, to inspect the towed vehicle or vessel and
1327	shall release to the owner or agent the vehicle, vessel, or all
1328	personal property not affixed to the vehicle or vessel which was
1329	in the vehicle or vessel at the time the vehicle or vessel came
1330	into the custody of the person providing such services.
1331	(11)(a)  Any person regularly engaged in the business of
1332	recovering, towing, or storing vehicles or vessels who comes
1333	into possession of a vehicle or vessel pursuant to subsection
1334	(2) and who has complied with the provisions of subsections (3)
1335	and (6), when such vehicle or vessel is to be sold for purposes
1336	of being dismantled, destroyed, or changed in such manner that
1337	it is not the motor vehicle or, vessel, or mobile home described
1338	in the certificate of title, shall apply to the county tax
1339	collector for a certificate of destruction.  A certificate of
1340	destruction, which authorizes the dismantling or destruction of
1341	the vehicle or vessel described therein, shall be reassignable a
1342	maximum of two times before dismantling or destruction of the
1343	vehicle shall be required, and shall accompany the vehicle or
1344	vessel for which it is issued, when such vehicle or vessel is
1345	sold for such purposes, in lieu of a certificate of title.  The
1346	application for a certificate of destruction must include an
1347	affidavit from the applicant that it has complied with all
1348	applicable requirements of this section and, if the vehicle or
1349	vessel is not registered in this state, by a statement from a
1350	law enforcement officer that the vehicle or vessel is not
1351	reported stolen, and shall be accompanied by such documentation
1352	as may be required by the department.
1353	(b)  The Department of Highway Safety and Motor Vehicles
1354	shall charge a fee of $3 for each certificate of destruction.  A
1355	service charge of $4.25 shall be collected and retained by the
1356	tax collector who processes the application.
1357	(c)  The Department of Highway Safety and Motor Vehicles
1358	may adopt such rules as it deems necessary or proper for the
1359	administration of this subsection.
1360	(13)(a)  Upon receipt by the Department of Highway Safety
1361	and Motor Vehicles of written notice from a wrecker operator who
1362	claims a wrecker operator's lien under paragraph (2)(c) or
1363	paragraph (2)(d) for recovery, towing, or storage of an
1364	abandoned vehicle or, vessel or mobile home upon instructions
1365	from any law enforcement agency, for which a certificate of
1366	destruction has been issued under subsection (11), the
1367	department shall place the name of the registered owner of that
1368	vehicle or, vessel, or mobile home on the list of those persons
1369	who may not be issued a license plate or revalidation sticker
1370	for any motor vehicle under s. 320.03(8). If the vehicle or,
1371	vessel, or mobile home is owned jointly by more than one person,
1372	the name of each registered owner shall be placed on the list.
1373	The notice of wrecker operator's lien shall be submitted on
1374	forms provided by the department, which must include:
1375	1.  The name, address, and telephone number of the wrecker
1376	operator.
1377	2.  The name of the registered owner of the vehicle or,
1378	vessel, or mobile home and the address to which the wrecker
1379	operator provided notice of the lien to the registered owner
1380	under subsection (4).
1381	3.  A general description of the vehicle or, vessel, or
1382	mobile home, including its color, make, model, body style, and
1383	year.
1384	4.  The vehicle identification number (VIN); registration
1385	license plate number, state, and year; validation decal number,
1386	state, and year; mobile home sticker number, state, and year;
1387	vessel registration number; hull identification number; or other
1388	identification number, as applicable.
1389	5.  The name of the person or the corresponding law
1390	enforcement agency that requested that the vehicle or, vessel,
1391	or mobile home be recovered, towed, or stored.
1392	6.  The amount of the wrecker operator's lien, not to
1393	exceed the amount allowed by paragraph (b).
1394	(b)  For purposes of this subsection only, the amount of
1395	the wrecker operator's lien for which the department will
1396	prevent issuance of a license plate or revalidation sticker may
1397	not exceed the amount of the charges for recovery, towing, and
1398	storage of the vehicle or, vessel, or mobile home for 7 days.
1399	These charges may not exceed the maximum rates imposed by the
1400	ordinances of the respective county or municipality under ss.
1401	125.0103(1)(c) and 166.043(1)(c). This paragraph does not limit
1402	the amount of a wrecker operator's lien claimed under subsection
1403	(2) or prevent a wrecker operator from seeking civil remedies
1404	for enforcement of the entire amount of the lien, but limits
1405	only that portion of the lien for which the department will
1406	prevent issuance of a license plate or revalidation sticker.
1407	(c)1.  The registered owner of a vehicle or, vessel, or
1408	mobile home may dispute a wrecker operator's lien, by notifying
1409	the department of the dispute in writing on forms provided by
1410	the department, if at least one of the following applies:
1411	a.  The registered owner presents a notarized bill of sale
1412	proving that the vehicle or, vessel, or mobile home was sold in
1413	a private or casual sale before the vehicle or, vessel, or
1414	mobile home was recovered, towed, or stored.
1415	b.  The registered owner presents proof that the Florida
1416	certificate of title of the vehicle or, vessel, or mobile home
1417	was sold to a licensed dealer as defined in s. 319.001 before
1418	the vehicle or, vessel, or mobile home was recovered, towed, or
1419	stored.
1420
1421	If the registered owner's dispute of a wrecker operator's lien
1422	complies with one of these criteria, the department shall
1423	immediately remove the registered owner's name from the list of
1424	those persons who may not be issued a license plate or
1425	revalidation sticker for any motor vehicle under s. 320.03(8),
1426	thereby allowing issuance of a license plate or revalidation
1427	sticker. If the vehicle or, vessel, or mobile home is owned
1428	jointly by more than one person, each registered owner must
1429	dispute the wrecker operator's lien in order to be removed from
1430	the list. However, the department shall deny any dispute and
1431	maintain the registered owner's name on the list of those
1432	persons who may not be issued a license plate or revalidation
1433	sticker for any motor vehicle under s. 320.03(8) if the wrecker
1434	operator has provided the department with a certified copy of
1435	the judgment of a court which orders the registered owner to pay
1436	the wrecker operator's lien claimed under this section. In such
1437	a case, the amount of the wrecker operator's lien allowed by
1438	paragraph (b) may be increased to include no more than $500 of
1439	the reasonable costs and attorney's fees incurred in obtaining
1440	the judgment. The department's action under this subparagraph is
1441	ministerial in nature, shall not be considered final agency
1442	action, and is appealable only to the county court for the
1443	county in which the vehicle or, vessel, or mobile home was
1444	ordered removed.
1445	2.  A person against whom a wrecker operator's lien has
1446	been imposed may alternatively obtain a discharge of the lien by
1447	filing a complaint, challenging the validity of the lien or the
1448	amount thereof, in the county court of the county in which the
1449	vehicle or, vessel, or mobile home was ordered removed. Upon
1450	filing of the complaint, the person may have her or his name
1451	removed from the list of those persons who may not be issued a
1452	license plate or revalidation sticker for any motor vehicle
1453	under s. 320.03(8), thereby allowing issuance of a license plate
1454	or revalidation sticker, upon posting with the court a cash or
1455	surety bond or other adequate security equal to the amount of
1456	the wrecker operator's lien to ensure the payment of such lien
1457	in the event she or he does not prevail. Upon the posting of the
1458	bond and the payment of the applicable fee set forth in s.
1459	28.24, the clerk of the court shall issue a certificate
1460	notifying the department of the posting of the bond and
1461	directing the department to release the wrecker operator's lien.
1462	Upon determining the respective rights of the parties, the court
1463	may award damages and costs in favor of the prevailing party.
1464	3.  If a person against whom a wrecker operator's lien has
1465	been imposed does not object to the lien, but cannot discharge
1466	the lien by payment because the wrecker operator has moved or
1467	gone out of business, the person may have her or his name
1468	removed from the list of those persons who may not be issued a
1469	license plate or revalidation sticker for any motor vehicle
1470	under s. 320.03(8), thereby allowing issuance of a license plate
1471	or revalidation sticker, upon posting with the clerk of court in
1472	the county in which the vehicle or, vessel, or mobile home was
1473	ordered removed, a cash or surety bond or other adequate
1474	security equal to the amount of the wrecker operator's lien.
1475	Upon the posting of the bond and the payment of the application
1476	fee set forth in s. 28.24, the clerk of the court shall issue a
1477	certificate notifying the department of the posting of the bond
1478	and directing the department to release the wrecker operator's
1479	lien. The department shall mail to the wrecker operator, at the
1480	address upon the lien form, notice that the wrecker operator
1481	must claim the security within 60 days, or the security will be
1482	released back to the person who posted it. At the conclusion of
1483	the 60 days, the department shall direct the clerk as to which
1484	party is entitled to payment of the security, less applicable
1485	clerk's fees.
1486	4.  A wrecker operator's lien expires 5 years after filing.
1487	(d)  Upon discharge of the amount of the wrecker operator's
1488	lien allowed by paragraph (b), the wrecker operator must issue a
1489	certificate of discharged wrecker operator's lien on forms
1490	provided by the department to each registered owner of the
1491	vehicle or, vessel, or mobile home attesting that the amount of
1492	the wrecker operator's lien allowed by paragraph (b) has been
1493	discharged. Upon presentation of the certificate of discharged
1494	wrecker operator's lien by the registered owner, the department
1495	shall immediately remove the registered owner's name from the
1496	list of those persons who may not be issued a license plate or
1497	revalidation sticker for any motor vehicle under s. 320.03(8),
1498	thereby allowing issuance of a license plate or revalidation
1499	sticker. Issuance of a certificate of discharged wrecker
1500	operator's lien under this paragraph does not discharge the
1501	entire amount of the wrecker operator's lien claimed under
1502	subsection (2), but only certifies to the department that the
1503	amount of the wrecker operator's lien allowed by paragraph (b),
1504	for which the department will prevent issuance of a license
1505	plate or revalidation sticker, has been discharged.
1506	(e)  When a wrecker operator files a notice of wrecker
1507	operator's lien under this subsection, the department shall
1508	charge the wrecker operator a fee of $2, which shall be
1509	deposited into the General Revenue Fund established under s.
1510	860.158. A service charge of $2.50 shall be collected and
1511	retained by the tax collector who processes a notice of wrecker
1512	operator's lien.
1513	(f)  This subsection applies only to the annual renewal in
1514	the registered owner's birth month of a motor vehicle
1515	registration and does not apply to the transfer of a
1516	registration of a motor vehicle sold by a motor vehicle dealer
1517	licensed under chapter 320, except for the transfer of
1518	registrations which is inclusive of the annual renewals. This
1519	subsection does not affect the issuance of the title to a motor
1520	vehicle, notwithstanding s. 319.23(7)(b).
1521	(g)  The Department of Highway Safety and Motor Vehicles
1522	may adopt rules pursuant to ss. 120.536(1) and 120.54 to
1523	implement this subsection.
1524	Section 18.  Effective January 1, 2006, section 713.785,
1525	Florida Statutes, is created to read:
1526	713.785  Liens for recovering, towing, or storing mobile
1527	homes.--
1528	(1)  As used in this section, the term:
1529	(a)  "Mobile home transport company" means a person
1530	regularly engaged in the business of transporting mobile homes.
1531	(b)  "Store" means a mobile home transport company has
1532	legal possession of a mobile home either on the mobile home
1533	transport company's property or on any other property.
1534	(c)  "Unpaid lot rental amount" or "rent" means any unpaid
1535	financial obligations of the mobile home owner or tenant to the
1536	mobile home park owner defined as "lot rental amount" in s.
1537	723.003 or "rent" in part II of chapter 83 and includes any
1538	amounts defined as storage charges in s. 723.084.
1539	(2)  If the mobile home transport company recovers,
1540	removes, or stores a mobile home upon instructions from:
1541	(a)  The owner of the mobile home;
1542	(b)  Any law enforcement agency; or
1543	(c)  A mobile home park owner as defined in s. 723.003 who
1544	has a current writ of possession for a mobile home lot under s.
1545	723.062 or s. 83.62,
1546
1547	the mobile home transport company has a lien on the mobile home
1548	for a reasonable towing fee and for a reasonable storage fee.
1549	(3)(a)  A mobile home transport company that comes into
1550	possession of a mobile home under subsection (2) and that claims
1551	a lien for recovery, towing, or storage services must give
1552	notice to the registered owner and to all persons claiming a
1553	lien on the mobile home, as disclosed by the records in the
1554	Department of Highway Safety and Motor Vehicles or of a
1555	corresponding agency in any other state.
1556	(b)  Notice by certified mail, return receipt requested,
1557	shall be sent within 7 business days after the date of storage
1558	of the mobile home to the registered owner at the owner's last
1559	known address, and all persons of record claiming a lien against
1560	the mobile home. The notice shall state the fact of possession
1561	of the mobile home, that a lien as provided in subsection (2) is
1562	claimed, that charges have accrued and the amount thereof, that
1563	the lien is subject to enforcement under law and that the owner
1564	or lienholder, if any, has the right to a hearing as set forth
1565	in subsection (4), and that any mobile home which remains
1566	unclaimed, or for which charges remain unpaid, may be sold free
1567	of all prior liens after 35 days following the eviction
1568	proceeding that resulted in the issuance of the writ of
1569	possession, provided that any lienholder entitled to notice
1570	pursuant to s. 723.084 has received such notice and has failed
1571	to act pursuant to s. 723.084 to pay storage charges, take
1572	possession of the home, or take legal action to foreclose its
1573	interest prior to issuance of the writ of possession.
1574	(4)(a)  The owner of a mobile home stored under subsection
1575	(2), or any person claiming a lien of record, other than the
1576	mobile home transport company, within 10 days after the time she
1577	or he has knowledge of the location of the mobile home, may file
1578	a complaint in the court of the county in which the mobile home
1579	is stored, to determine if her or his property was wrongfully
1580	taken or withheld from her or him.
1581	(b)  Upon filing of a complaint, an owner or lienholder may
1582	have the mobile home released upon posting with the court a cash
1583	or surety bond or other adequate security equal to the amount of
1584	the charges for towing or storage and lot rental amount due and
1585	owing at that time to ensure the payment of the charges in the
1586	event she or he does not prevail. Upon the posting of the bond
1587	and the payment of the applicable fee set forth in s. 28.24, the
1588	clerk of the court shall issue a certificate notifying the
1589	mobile home transport company of the posting of the bond and
1590	directing the mobile home transport company to release the
1591	mobile home. At the time of the release, after reasonable
1592	inspection, she or he shall give a receipt to the mobile home
1593	transport company citing any claims she or he has for loss or
1594	damage to the mobile home or the contents thereof.
1595	(c)  Upon determining the respective rights of the parties,
1596	the court may award damages and costs in favor of the prevailing
1597	party. The final order shall provide for immediate payment in
1598	full of any lien for recovery, towing, and storage fees and any
1599	unpaid lot rental amount accruing until the time the home is
1600	removed from the property, by the mobile home owner or
1601	lienholder, or the owner, lessee, or agent thereof of the
1602	property from which the mobile home was removed.
1603	(5)  A mobile home that is stored under subsection (2) and
1604	which remains unclaimed, or for which reasonable charges for
1605	recovery, towing, or storing remain unpaid or for which a lot
1606	rental amount is due and owing to the mobile home park owner as
1607	evidenced by a judgment for unpaid rent and any contents of the
1608	mobile home not released under subsection (9), may be sold by
1609	the mobile home transport company for the towing or storage
1610	charge and any unpaid lot rental amount 35 days after the mobile
1611	home is stored by a mobile home transport company. The sale
1612	shall be at public auction for cash. If the date of the sale was
1613	not included in the notice required by subsection (3), notice of
1614	the sale must be given to the person in whose name the mobile
1615	home is registered at her or his last known address, to the
1616	mobile home park owner, and to all persons claiming a lien on
1617	the mobile home as shown on the records of the Department of
1618	Highway Safety and Motor Vehicles or of the corresponding agency
1619	in any other state. Notice must be sent by certified mail,
1620	return receipt requested, at least 15 days before the date of
1621	the sale. After diligent search and inquiry, if the name and
1622	address of the registered owner or the owner of the recorded
1623	lien cannot be ascertained, the requirements of notice by mail
1624	may be dispensed with. In addition to the notice by mail, public
1625	notice of the time and place of sale must be made by publishing
1626	a notice of the sale one time, at least 10 days before the date
1627	of the sale, in a newspaper of general circulation in the county
1628	in which the sale is to be held. The proceeds of the sale, after
1629	payment of reasonable towing and storage charges, costs of the
1630	sale, and the unpaid lot rental amount as evidenced by the
1631	judgment for unpaid lot rental and an affidavit executed by the
1632	mobile home park owner or the owner's agent establishing the
1633	amount of unpaid lot rental amount through the date of the sale,
1634	in that order of priority, must be deposited with the clerk of
1635	the circuit court for the county if the owner is absent, and the
1636	clerk shall hold the proceeds subject to the claim of the person
1637	legally entitled to those proceeds. The clerk is entitled to
1638	receive 5 percent of the proceeds for the care and disbursement
1639	of the proceeds. The certificate of title issued under this
1640	section shall be discharged of all liens unless otherwise
1641	provided by court order.
1642	(6)  The mobile home transport company, the landlord or his
1643	or her agent, or any subsequent purchaser for value are not
1644	responsible to the tenant or any other party for loss,
1645	destruction, or damage to the mobile home or other personal
1646	property after coming into possession of the mobile home under
1647	this section, provided the mobile home transport company, the
1648	landlord, or their agents use reasonable care in storing the
1649	mobile home. As used in this subsection, the term "reasonable
1650	care" means securing the mobile home by changing door locks, or
1651	any similar methods for securing the mobile home, in place in
1652	the mobile home park or in a separate storage area.
1653	(7)(a)  A mobile home transport company that comes into
1654	possession of a mobile home under subsection (2) and that
1655	complies with subsection (3), if the mobile home is to be sold
1656	for purposes of being dismantled, destroyed, or changed so that
1657	it is not the mobile home described in the certificate of title,
1658	must apply to the county tax collector for a certificate of
1659	destruction. A certificate of destruction, which authorizes the
1660	dismantling or destruction of the mobile home described in the
1661	certificate, is reassignable no more than twice before
1662	dismantling or destruction of the mobile home and the
1663	certificate must accompany the mobile home for which it is
1664	issued when the mobile home is sold for that purpose, in lieu of
1665	a certificate of title. The application for a certificate of
1666	destruction must include an affidavit from the applicant that it
1667	has complied with all applicable requirements of this section;
1668	must, if the mobile home is not registered in this state,
1669	include a statement from a law enforcement officer that the
1670	mobile home is not reported stolen; and shall be accompanied by
1671	any other documentation as may be required by the department.
1672	(b)  The Department of Highway Safety and Motor Vehicles
1673	shall charge a fee of $3 for each certificate of destruction.
1674	The tax collector who processes the application shall collect
1675	and retain a service charge of $4.25.
1676	(c)  The Department of Highway Safety and Motor Vehicles
1677	may adopt rules to administer this subsection.
1678	(d)  Employees of the Department of Highway Safety and
1679	Motor Vehicles and law enforcement officers may inspect the
1680	records of each mobile home transport company in this state to
1681	ensure compliance with this section.
1682	(8)(a)  Upon receipt by the Department of Highway Safety
1683	and Motor Vehicles of written notice from a mobile home
1684	transport company that claims a lien under paragraph (2)(b) or
1685	paragraph (2)(c) for recovery, towing, or storage of a mobile
1686	home for which a certificate of destruction has been issued
1687	under subsection (7), the department shall place the name of the
1688	registered owner of that mobile home on the list of those
1689	persons who may not be issued a revalidation sticker under s.
1690	320.03. If the mobile home is owned jointly by more than one
1691	person, the name of each registered owner must be placed on the
1692	list. The notice of a mobile home transport company's lien must
1693	be submitted on forms provided by the department, which must
1694	include:
1695	1.  The name, address, and telephone number of the mobile
1696	home transport company.
1697	2.  The name of the registered owner of the mobile home and
1698	the address to which the mobile home transport company provided
1699	notice of the lien to the registered owner under subsection (3).
1700	3.  A general description of the mobile home, including its
1701	color, make, model, body style, and year.
1702	4.  The mobile home sticker number, state, and year or
1703	other identification number, as applicable.
1704	5.  The name of the person or the corresponding law
1705	enforcement agency that requested that the mobile home be
1706	recovered, towed, or stored.
1707	6.  The amount of the lien, not to exceed the amount
1708	allowed by paragraph (b).
1709	(b)  For purposes of this subsection, the amount of the
1710	mobile home transport company's lien for which the department
1711	will prevent issuance of a revalidation sticker may not exceed
1712	the amount of the charges for recovery, towing, and storage of
1713	the mobile home for 7 days. These charges may not exceed the
1714	maximum rates imposed by the ordinances of the respective county
1715	or municipality under ss. 125.0103(1)(c) and 166.043(1)(c). This
1716	paragraph does not limit the amount of a mobile home transport
1717	company's lien claimed under subsection (2) or prevent a mobile
1718	home transport company from seeking civil remedies for
1719	enforcement of the entire amount of the lien, but limits only
1720	that portion of the lien for which the department will prevent
1721	issuance of a revalidation sticker.
1722	(c)1.  The registered owner of the mobile home may dispute
1723	the mobile home transport company's lien by notifying the
1724	department of the dispute in writing on forms provided by the
1725	department, if at least one of the following applies:
1726	a.  The registered owner presents a notarized bill of sale
1727	proving that the mobile home was sold in a private or casual
1728	sale before the mobile home was recovered, towed, or stored.
1729	b.  The registered owner presents proof that the Florida
1730	certificate of title of the mobile home was sold to a licensed
1731	dealer as defined in s. 319.001 before the mobile home was
1732	recovered, towed, or stored.
1733	c.  The records of the department were marked to indicate
1734	that the mobile home was sold before the issuance of the
1735	certificate of destruction under subsection (7).
1736
1737	If the registered owner's dispute of a mobile home transport
1738	company's lien complies with one of these criteria, the
1739	department shall immediately remove the registered owner's name
1740	from the list of those persons who may not be issued a
1741	revalidation sticker under s. 320.03. If the mobile home is
1742	owned jointly by more than one person, each registered owner
1743	must dispute the mobile home transport company's lien in order
1744	to be removed from the list. However, the department shall deny
1745	any dispute and maintain the registered owner's name on the list
1746	of those persons who may not be issued a revalidation sticker if
1747	the mobile home transport company has provided the department
1748	with a certified copy of the judgment of a court which orders
1749	the registered owner to pay the mobile home transport company's
1750	lien claimed under this section. In such a case, the amount of
1751	the mobile home transport company's lien allowed by paragraph
1752	(b) may be increased to include no more than $500 of the
1753	reasonable costs and attorney's fees incurred in obtaining the
1754	judgment. The department's action under this subparagraph is
1755	ministerial in nature, is not final agency action, and is
1756	appealable only to the county court for the county in which the
1757	mobile home was ordered removed.
1758	2.  A person against whom a mobile home transport company's
1759	lien has been imposed may alternatively obtain a discharge of
1760	the lien by filing a complaint, challenging the validity of the
1761	lien or the amount thereof, in the county court of the county in
1762	which the mobile home was ordered removed. Upon filing of the
1763	complaint, the person may have her or his name removed from the
1764	list of those persons who may not be issued a revalidation
1765	sticker for any mobile home under s. 320.03 upon posting with
1766	the court a cash or surety bond or other adequate security equal
1767	to the amount of the mobile home transport company's lien to
1768	ensure the payment of the lien in the event she or he does not
1769	prevail. Upon the posting of the bond and the payment of the
1770	applicable fee set forth in s. 28.24, the clerk of the court
1771	shall issue a certificate notifying the department of the
1772	posting of the bond and directing the department to release the
1773	mobile home transport company's lien. Upon determining the
1774	respective rights of the parties, the court may award damages
1775	and costs in favor of the prevailing party.
1776	3.  If a person against whom a mobile home transport
1777	company's lien has been imposed does not object to the lien, but
1778	cannot discharge the lien by payment because the mobile home
1779	transport company has moved or gone out of business, the person
1780	may have her or his name removed from the list of those persons
1781	who may not be issued a revalidation sticker under s. 320.03,
1782	upon posting with the clerk of court in the county in which the
1783	mobile home was ordered removed a cash or surety bond or other
1784	adequate security equal to the amount of the mobile home
1785	transport company's lien. Upon the posting of the bond and the
1786	payment of the application fee set forth in s. 28.24, the clerk
1787	of the court shall issue a certificate notifying the department
1788	of the posting of the bond and directing the department to
1789	release the mobile home transport company's lien. The department
1790	shall mail to the mobile home transport company, at the address
1791	upon the lien form, notice that the mobile home transport
1792	company must claim the security within 60 days or the security
1793	will be released to the person who posted it. At the conclusion
1794	of the 60 days, the department shall direct the clerk as to
1795	which party is entitled to payment of the security, less
1796	applicable fees of the clerk.
1797	4.  A mobile home transport company's lien expires 5 years
1798	after filing.
1799	(d)  Upon discharge of the amount of the mobile home
1800	transport company's lien allowed under paragraph (b), the mobile
1801	home transport company must issue a certificate of discharged
1802	lien on a form provided by the department to each registered
1803	owner of the mobile home attesting that the amount of the mobile
1804	home transport company's lien allowed under paragraph (b) has
1805	been discharged. Upon presentation of the certificate of
1806	discharged lien by the registered owner, the department shall
1807	immediately remove the registered owner's name from the list of
1808	those persons who may not be issued a revalidation sticker under
1809	s. 320.03. Issuance of a certificate of discharged lien under
1810	this paragraph does not discharge the entire amount of the
1811	mobile home transport company's lien claimed under subsection
1812	(2), but certifies to the department only that the amount of the
1813	mobile home transport company's lien allowed by paragraph (b),
1814	for which the department will prevent issuance of a revalidation
1815	sticker, has been discharged.
1816	(e)  When a mobile home transport company files a notice of
1817	lien under this subsection, the department shall charge the
1818	mobile home transport company a fee of $2, which must be
1819	deposited into the General Revenue Fund. The tax collector who
1820	processes a notice of lien shall collect and retain a service
1821	charge of $2.50.
1822	(f)  The Department of Highway Safety and Motor Vehicles
1823	may adopt rules to administer this subsection.
1824	(9)  Persons who provide services under this section shall
1825	permit a mobile home owner or her or his agent, whose agency is
1826	evidenced by a writing acknowledged by the owner before a notary
1827	public or other person empowered by law to administer oaths, to
1828	inspect the mobile home and shall release to the owner or agent
1829	all personal property not affixed to the mobile home, provided
1830	there exists no landlord's lien for rent under s. 713.691 or s.
1831	713.77.
1832	(10)  Any person who violates subsection (3), subsection
1833	(5), subsection (6), subsection (7), or subsection (9) commits a
1834	misdemeanor of the first degree, punishable as provided in s.
1835	775.082 or s. 775.083.
1836	Section 19.  Section 715.07, Florida Statutes, is amended
1837	to read:
1838	715.07  Vehicles or vessels parked on private property;
1839	towing.--
1840	(1)  As used in this section, the term:
1841	(a)  "Vehicle" means any mobile item which normally uses
1842	wheels, whether motorized or not.
1843	(b)  "Vessel" means every description of watercraft, barge,
1844	and air boat used or capable of being used as a means of
1845	transportation on water, other than a seaplane or a "documented
1846	vessel" as defined in s. 327.02(8).
1847	(2)  The owner or lessee of real property, or any person
1848	authorized by the owner or lessee, which person may be the
1849	designated representative of the condominium association if the
1850	real property is a condominium, may cause any vehicle or vessel
1851	parked on such property without her or his permission to be
1852	removed by a person regularly engaged in the business of towing
1853	vehicles or vessels, without liability for the costs of removal,
1854	transportation, or storage or damages caused by such removal,
1855	transportation, or storage, under any of the following
1856	circumstances:
1857	(a)  The towing or removal of any vehicle or vessel from
1858	private property without the consent of the registered owner or
1859	other legally authorized person in control of that vehicle or
1860	vessel is subject to strict compliance with the following
1861	conditions and restrictions:
1862	1.a.  Any towed or removed vehicle or vessel must be stored
1863	at a site within a 10-mile radius 10 miles of the point of
1864	removal in any county of 500,000 population or more, and within
1865	a 15-mile radius 15 miles of the point of removal in any county
1866	of less than 500,000 population. That site must be open for the
1867	purpose of redemption of vehicles on any day that the person or
1868	firm towing such vehicle or vessel is open for towing purposes,
1869	from 8:00 a.m. to 6:00 p.m., and, when closed, shall have
1870	prominently posted a sign indicating a telephone number where
1871	the operator of the site can be reached at all times.  Upon
1872	receipt of a telephoned request to open the site to redeem a
1873	vehicle or vessel, the operator shall return to the site within
1874	1 hour or she or he will be in violation of this section.
1875	b.  If no towing business providing such service is located
1876	within the area of towing limitations set forth in sub-
1877	subparagraph a., the following limitations apply:  any towed or
1878	removed vehicle or vessel must be stored at a site within a 20-
1879	mile radius 20 miles of the point of removal in any county of
1880	500,000 population or more, and within a 30-mile radius 30 miles
1881	of the point of removal in any county of less than 500,000
1882	population.
1883	2.  The person or firm towing or removing the vehicle or
1884	vessel shall, within 30 minutes after of completion of such
1885	towing or removal, notify the municipal police department or, in
1886	an unincorporated area, the sheriff, of such towing or removal,
1887	the storage site, the time the vehicle or vessel was towed or
1888	removed, and the make, model, color, and license plate number of
1889	the vehicle or description and registration number of the vessel
1890	and shall obtain the name of the person at that department to
1891	whom such information was reported and note that name on the
1892	trip record.
1893	3.  A person in the process of towing or removing a vehicle
1894	or vessel from the premises or parking lot in which the vehicle
1895	or vessel is not lawfully parked must stop when a person seeks
1896	the return of the vehicle or vessel. The vehicle or vessel must
1897	be returned upon the payment of a reasonable service fee of not
1898	more than one-half of the posted rate for the towing or removal
1899	service as provided in subparagraph 6. The vehicle or vessel may
1900	be towed or removed if, after a reasonable opportunity, the
1901	owner or legally authorized person in control of the vehicle or
1902	vessel is unable to pay the service fee. If the vehicle or
1903	vessel is redeemed, a detailed signed receipt must be given to
1904	the person redeeming the vehicle or vessel. If the registered
1905	owner or other legally authorized person in control of the
1906	vehicle arrives at the scene prior to removal or towing of the
1907	vehicle, the vehicle shall be disconnected from the towing or
1908	removal apparatus, and that person shall be allowed to remove
1909	the vehicle without interference upon the payment of a
1910	reasonable service fee of not more than one-half of the posted
1911	rate for such towing service as provided in subparagraph 6., for
1912	which a receipt shall be given, unless that person refuses to
1913	remove the vehicle which is otherwise unlawfully parked.
1914	4.  A person may not pay or accept money or other valuable
1915	consideration for the privilege of towing or removing vehicles
1916	or vessels from a particular location. The rebate or payment of
1917	money or any other valuable consideration from the individual or
1918	firm towing or removing vehicles to the owners or operators of
1919	the premises from which the vehicles are towed or removed, for
1920	the privilege of removing or towing those vehicles, is
1921	prohibited.
1922	5.  Except for property appurtenant to and obviously a part
1923	of a single-family residence, and except for instances when
1924	notice is personally given to the owner or other legally
1925	authorized person in control of the vehicle or vessel that the
1926	area in which that vehicle or vessel is parked is reserved or
1927	otherwise unavailable for unauthorized vehicles or vessels and
1928	that the vehicle or vessel is subject to being removed at the
1929	owner's or operator's expense, any property owner or lessee, or
1930	person authorized by the property owner or lessee, prior to
1931	towing or removing any vehicle or vessel from private property
1932	without the consent of the owner or other legally authorized
1933	person in control of that vehicle or vessel, must post a notice
1934	meeting the following requirements:
1935	a.  The notice must be prominently placed at each driveway
1936	access or curb cut allowing vehicular access to the property,
1937	within 5 feet from the public right-of-way line.  If there are
1938	no curbs or access barriers, the signs must be posted not less
1939	than one sign for each 25 feet of lot frontage.
1940	b.  The notice must clearly indicate, in not less than 2-
1941	inch high, light-reflective letters on a contrasting background,
1942	that unauthorized vehicles will be towed away at the owner's
1943	expense.  The words "tow-away zone" must be included on the sign
1944	in not less than 4-inch high letters.
1945	c.  The notice must also provide the name and current
1946	telephone number of the person or firm towing or removing the
1947	vehicles or vessels, if the property owner, lessee, or person in
1948	control of the property has a written contract with the towing
1949	company.
1950	d.  The sign structure containing the required notices must
1951	be permanently installed with the words "tow-away zone" not less
1952	than 3 feet and not more than 6 feet above ground level and must
1953	be continuously maintained on the property for not less than 24
1954	hours prior to the towing or removal of any vehicles or vessels.
1955	e.  The local government may require permitting and
1956	inspection of these signs prior to any towing or removal of
1957	vehicles or vessels being authorized.
1958	f.  A business with 20 or fewer parking spaces satisfies
1959	the notice requirements of this subparagraph by prominently
1960	displaying a sign stating "Reserved Parking for Customers Only
1961	Unauthorized Vehicles or Vessels Will be Towed Away At the
1962	Owner's Expense" in not less than 4-inch high, light-reflective
1963	letters on a contrasting background.
1964	g.  A property owner towing or removing vessels from real
1965	property must post notice, consistent with the requirements in
1966	sub-subparagraphs a.-f., which apply to vehicles, that
1967	unauthorized vehicles or vessels will be towed away at the
1968	owner's expense.
1969
1970	A business owner or lessee may authorize the removal of a
1971	vehicle or vessel by a towing company when the vehicle or vessel
1972	is parked in such a manner that restricts the normal operation
1973	of business; and if a vehicle or vessel parked on a public
1974	right-of-way obstructs access to a private driveway the owner,
1975	lessee, or agent may have the vehicle or vessel removed by a
1976	towing company upon signing an order that the vehicle or vessel
1977	be removed without a posted tow-away zone sign.
1978	6.  Any person or firm that tows or removes vehicles or
1979	vessels and proposes to require an owner, operator, or person in
1980	control of a vehicle or vessel to pay the costs of towing and
1981	storage prior to redemption of the vehicle or vessel must file
1982	and keep on record with the local law enforcement agency a
1983	complete copy of the current rates to be charged for such
1984	services and post at the storage site an identical rate schedule
1985	and any written contracts with property owners, lessees, or
1986	persons in control of property which authorize such person or
1987	firm to remove vehicles or vessels as provided in this section.
1988	7.  Any person or firm towing or removing any vehicles or
1989	vessels from private property without the consent of the owner
1990	or other legally authorized person in control of the vehicles or
1991	vessels shall, on any trucks, wreckers as defined in s.
1992	713.78(1)(c), or other vehicles used in the towing or removal,
1993	have the name, address, and telephone number of the company
1994	performing such service clearly printed in contrasting colors on
1995	the driver and passenger sides of the vehicle.  The name shall
1996	be in at least 3-inch permanently affixed letters, and the
1997	address and telephone number shall be in at least 1-inch
1998	permanently affixed letters.
1999	8.  Vehicle entry for the purpose of removing the vehicle
2000	or vessel shall be allowed with reasonable care on the part of
2001	the person or firm towing the vehicle or vessel.  Such person or
2002	firm shall be liable for any damage occasioned to the vehicle or
2003	vessel if such entry is not in accordance with the standard of
2004	reasonable care.
2005	9.  When a vehicle or vessel has been towed or removed
2006	pursuant to this section, it must be released to its owner or
2007	custodian within one hour after requested. Any vehicle or vessel
2008	owner, custodian, or agent shall have the right to inspect the
2009	vehicle or vessel before accepting its return, and no release or
2010	waiver of any kind which would release the person or firm towing
2011	the vehicle or vessel from liability for damages noted by the
2012	owner or other legally authorized person at the time of the
2013	redemption may be required from any vehicle or vessel owner,
2014	custodian, or agent as a condition of release of the vehicle or
2015	vessel to its owner.  A detailed, signed receipt showing the
2016	legal name of the company or person towing or removing the
2017	vehicle or vessel must be given to the person paying towing or
2018	storage charges at the time of payment, whether requested or
2019	not.
2020	(b)  These requirements are shall be the minimum standards
2021	and do shall not preclude enactment of additional regulations by
2022	any municipality or county including the right to regulate rates
2023	when vehicles or vessels are towed from private property.
2024	(3)  This section does not apply to law enforcement,
2025	firefighting, rescue squad, ambulance, or other emergency
2026	vehicles or vessels that which are marked as such or to property
2027	owned by any governmental entity.
2028	(4)  When a person improperly causes a vehicle or vessel to
2029	be removed, such person shall be liable to the owner or lessee
2030	of the vehicle or vessel for the cost of removal,
2031	transportation, and storage; any damages resulting from the
2032	removal, transportation, or storage of the vehicle or vessel;
2033	attorney's attorneys' fees; and court costs.
2034	(5)(a)  Any person who violates the provisions of
2035	subparagraph (2)(a)2. or subparagraph (2)(a)6. commits is guilty
2036	of a misdemeanor of the first degree, punishable as provided in
2037	s. 775.082 or s. 775.083.
2038	(b)  Any person who violates subparagraph (2)(a)1.,
2039	subparagraph (2)(a)3., subparagraph (2)(a)4., the provisions of
2040	subparagraph (2)(a)7., or subparagraph (2)(a)9. commits is
2041	guilty of a felony of the third degree, punishable as provided
2042	in s. 775.082, s. 775.083, or s. 775.084.
2043	Section 20.  Paragraph (a) of subsection (1) of section
2044	319.30, Florida Statutes, is amended to read:
2045	319.30  Definitions; dismantling, destruction, change of
2046	identity of motor vehicle or mobile home; salvage.--
2047	(1)  As used in this section, the term:
2048	(a)  "Certificate of destruction" means the certificate
2049	issued pursuant to s. 713.78(11) or s. 713.785(7)(a).
2050	Section 21.  Section 713.69, Florida Statutes, is amended
2051	to read:
2052	713.69  Unlawful to remove property upon which lien has
2053	accrued.--It is unlawful for any person to remove any property
2054	upon which a lien has accrued under the provisions of s. 713.68,
2055	s. 713.77, or s. 713.785 from any mobile home park, hotel,
2056	apartment house, roominghouse, lodginghouse, boardinghouse or
2057	tenement house without first making full payment to the person
2058	operating or conducting the same of all sums due and payable for
2059	such occupancy or without first having the written consent of
2060	such person so conducting or operating such place to so remove
2061	such property.  Any person violating the provisions of this
2062	section shall, if the property removed in violation hereof be of
2063	the value of $50 or less, be guilty of a misdemeanor of the
2064	second degree, punishable as provided in s. 775.082 or s.
2065	775.083; and if the property so removed should be of greater
2066	value than $50 then such person shall be guilty of a felony of
2067	the third degree, punishable as provided in s. 775.082, s.
2068	775.083, or s. 775.084.
2069	Section 22.  Effective January 1, 2006, subsection (15) of
2070	section 1.01, Florida Statutes, is repealed.
2071	Section 23.  The sum of $693,000 is appropriated from the
2072	General Inspection Trust Fund to the Department of Agriculture
2073	and Consumer Services, and 10 additional full-time-equivalent
2074	positions are authorized, for the purpose of implementing this
2075	act during the 2005-2006 fiscal year.
2076	Section 24.  Except as otherwise expressly provided in this
2077	act, this act shall take effect July 1, 2005.
2078
2079	================= T I T L E  A M E N D M E N T =================
2080	Remove the entire title and insert:
2081	A bill to be entitled
2082	An act relating to wrecker services; amending s. 120.80,
2083	F.S.; exempting hearings of the Division of the Florida
2084	Highway Patrol concerning the wrecker allocation system
2085	from requirements of ch. 120, F.S.; creating s. 205.1975,
2086	F.S.; prohibiting a county or municipality from issuing or
2087	renewing a license for a wrecker company that is not in
2088	compliance with the requirements of the act; amending s.
2089	316.530, F.S., relating to traffic control; conforming
2090	provisions to changes made by the act; reenacting s.
2091	316.550(4), F.S., relating to special wrecker permits, to
2092	incorporate the amendment to s. 320.01, F.S., in
2093	references thereto; amending s. 316.605, F.S.; clarifying
2094	that portion of a license plate which must be clear and
2095	plainly visible; providing requirements for licensing
2096	wreckers and other vehicles; amending s. 320.01, F.S.;
2097	redefining the term "wrecker" for purposes of the Florida
2098	Statutes; amending ss. 320.03 and 320.0706, F.S., relating
2099	to motor vehicle registration and license plates;
2100	conforming provisions to changes made by the act;
2101	reenacting s. 320.08(5)(d) and (e), F.S., relating to
2102	license taxes, to incorporate the amendment to s. 320.01,
2103	F.S., in references thereto; amending s. 320.0821, F.S.;
2104	revising requirements for the issuance of wrecker license
2105	plates; amending s. 320.13, F.S., relating to dealer
2106	license plates; conforming provisions to changes made by
2107	the act; amending s. 321.051, F.S.; providing definitions;
2108	requiring the Division of the Florida Highway Patrol
2109	within the Department of Highway Safety and Motor Vehicles
2110	to establish a wrecker allocation system; providing
2111	requirements for the system; authorizing the division to
2112	set maximum rates for towing and storage of vehicles;
2113	prohibiting an unauthorized wrecker company from
2114	monitoring a police radio or engaging in other activities;
2115	providing penalties; providing requirements for
2116	dispatching wreckers; amending s. 323.001, F.S., relating
2117	to wrecker company storage facilities; providing
2118	definitions; providing procedures for a law enforcement
2119	agency to place a hold on a stored vehicle; providing for
2120	payment of towing and storage charges; amending s.
2121	323.002, F.S.; providing definitions; providing
2122	requirements for a county or municipality that operates a
2123	wrecker allocation system; providing requirements for the
2124	system; prohibiting an unauthorized wrecker company from
2125	monitoring a police radio or engaging in other activities;
2126	providing penalties; providing requirements for
2127	dispatching wreckers; creating chapter 508, F.S.;
2128	providing definitions; creating the Wrecker Operator
2129	Advisory Council within the Department of Agriculture and
2130	Consumer Services; providing for membership and terms;
2131	providing for reimbursement for travel and per diem
2132	expenses; requiring the council to advise the department
2133	on matters relating to standards and practices in the
2134	wrecker industry; authorizing the department to adopt
2135	rules; requiring wrecker companies to register with the
2136	department; providing requirements for registration
2137	renewal; providing requirements for advertisements;
2138	requiring insurance coverage; requiring the department to
2139	notify the Department of Highway Safety and Motor Vehicles
2140	when a registration has been suspended or revoked;
2141	authorizing the department to deny registration under
2142	certain circumstances; specifying acceptable forms of
2143	payment; establishing a certification program for wrecker
2144	operators; requiring the department to approve courses and
2145	organizations; providing requirements for examinations;
2146	providing for certification in specialized wrecker
2147	services; requiring the department to adopt rules;
2148	providing for certification cards to be issued to wrecker
2149	operators who complete the certification course and pass
2150	the examination; prohibiting the performance of wrecker
2151	services after a specified date unless the company is
2152	registered and obtains certification as required;
2153	authorizing the department to inspect employment records;
2154	providing requirements for continuing education;
2155	specifying prohibited acts; providing administrative,
2156	civil, and criminal penalties; providing for registration
2157	fees; providing for deposit of fees, penalties, and other
2158	funds; providing that the chapter does not apply to
2159	recovery agents; authorizing counties and municipalities
2160	to enact ordinances governing wrecker operators; requiring
2161	that a wrecker company maintain records of its services
2162	for a specified time; requiring a wrecker company to keep
2163	records of its operators continuing education courses for
2164	a specified time; directing organizations that conduct
2165	continuing education courses to keep records for a
2166	specified time; amending s. 713.78, F.S.; removing mobile
2167	homes from the application of a statutory lien for towing
2168	and storage; conforming provisions related to recovering,
2169	towing, or storing vessels; providing for attorney's fees;
2170	creating s. 713.785, F.S.; authorizing the imposition of
2171	lien by a mobile home transport company for recovering,
2172	towing, or storing a mobile home; providing definitions;
2173	requiring a mobile home transport company to provide
2174	notice of recovery, towing, or storage services; providing
2175	for the filing of a complaint; providing procedures for
2176	the sale of an unclaimed mobile home; specifying
2177	circumstances under which a mobile home transport company
2178	must obtain a certificate of destruction; providing for
2179	fees; authorizing the department to adopt rules; providing
2180	for fees; providing for issuing certificates of
2181	destruction and revalidation stickers; providing
2182	procedures for disputing a lien and for discharge of a
2183	lien; providing for the posting and repayment of surety;
2184	providing for criminal penalties; amending s. 715.07,
2185	F.S.; defining the term "vessel"; conforming provisions
2186	related to towing vessels parked on private property;
2187	imposing criminal penalties for failure to comply with
2188	certain laws governing the towing of vehicles and vessels;
2189	repealing s. 1.01(15), F.S., relating to the definition of
2190	the term "wrecker operator"; providing an appropriation
2191	and authorizing additional positions; providing effective
2192	dates.

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