HB 0341

CS

CHAMBER ACTION

1	The Agriculture & Environment Appropriations Committee
2	recommends the following:
3
4	Council/Committee Substitute
5	Remove the entire bill and insert:
6	A bill to be entitled
7	An act relating to wrecker services; amending s. 120.80,
8	F.S.; exempting hearings of the Division of the Florida
9	Highway Patrol concerning the wrecker allocation system
10	from requirements of ch. 120, F.S.; creating s. 205.1975,
11	F.S.; prohibiting a county or municipality from issuing or
12	renewing a license for a wrecker company that is not in
13	compliance with the requirements of the act; amending s.
14	316.530, F.S., relating to traffic control; conforming
15	provisions to changes made by the act; reenacting s.
16	316.550(4), F.S., relating to special wrecker permits, to
17	incorporate the amendment to s. 320.01, F.S., in
18	references thereto; amending s. 316.605, F.S.; providing
19	requirements for licensing wreckers and other vehicles;
20	amending s. 320.01, F.S.; redefining the term "wrecker"
21	for purposes of the Florida Statutes; amending ss. 320.03
22	and 320.0706, F.S., relating to motor vehicle registration
23	and license plates; conforming provisions to changes made
24	by the act; reenacting s. 320.08(5)(d) and (e), F.S.,
25	relating to license taxes, to incorporate the amendment to
26	s. 320.01, F.S., in references thereto; amending s.
27	320.0821, F.S.; revising requirements for the issuance of
28	wrecker license plates; amending s. 320.13, F.S., relating
29	to dealer license plates; conforming provisions to changes
30	made by the act; amending s. 321.051, F.S.; providing
31	definitions; requiring the Division of the Florida Highway
32	Patrol within the Department of Highway Safety and Motor
33	Vehicles to establish a wrecker allocation system;
34	providing requirements for the system; authorizing the
35	division to set maximum rates for towing and storage of
36	vehicles; prohibiting an unauthorized wrecker company from
37	monitoring a police radio or engaging in other activities;
38	providing penalties; providing requirements for
39	dispatching wreckers; amending s. 323.001, F.S., relating
40	to wrecker company storage facilities; providing
41	definitions; providing procedures for a law enforcement
42	agency to place a hold on a stored vehicle; providing for
43	payment of towing and storage charges; amending s.
44	323.002, F.S.; providing definitions; providing
45	requirements for a county or municipality that operates a
46	wrecker allocation system; providing requirements for the
47	system; prohibiting an unauthorized wrecker company from
48	monitoring a police radio or engaging in other activities;
49	providing penalties; providing requirements for
50	dispatching wreckers; creating ch. 508, F.S.; providing
51	definitions; creating the Wrecker Operator Advisory
52	Council within the Department of Agriculture and Consumer
53	Services; providing for membership and terms; providing
54	for reimbursement for travel and per diem expenses;
55	requiring the council to advise the department on matters
56	relating to standards and practices in the wrecker
57	industry; authorizing the department to adopt rules;
58	requiring wrecker companies to register with the
59	department; providing requirements for registration
60	renewal; providing requirements for advertisements;
61	requiring insurance coverage; requiring the department to
62	notify the Department of Highway Safety and Motor Vehicles
63	when a registration has been suspended or revoked;
64	authorizing the department to deny registration under
65	certain circumstances; specifying acceptable forms of
66	payment; establishing a certification program for wrecker
67	operators; requiring the department to approve courses and
68	organizations; providing requirements for examinations;
69	providing for certification in specialized wrecker
70	services; requiring the department to adopt rules;
71	providing for certification cards to be issued to wrecker
72	operators who complete the certification course and pass
73	the examination; prohibiting the performance of wrecker
74	services after a specified date unless the company is
75	registered and obtains certification as required;
76	authorizing the department to inspect employment records;
77	providing requirements for continuing education;
78	specifying prohibited acts; providing administrative,
79	civil, and criminal penalties; providing for registration
80	fees; providing for deposit of fees, penalties, and other
81	funds; providing that the chapter does not apply to
82	recovery agents; authorizing counties and municipalities
83	to enact ordinances governing wrecker operators; requiring
84	that a wrecker company maintain records of its services
85	for a specified time; requiring a wrecker company to keep
86	records of its operators continuing education courses for
87	a specified time; directing organizations that conduct
88	continuing education courses to keep records for a
89	specified time; amending s. 713.78, F.S., relating to
90	liens for recovering, towing, or storing vehicles and
91	vessels; providing definitions; conforming provisions to
92	changes made by the act; providing for attorney's fees to
93	be awarded to the prevailing party for a frivolous claim
94	of wrongful taking or claim of lien; providing immunity
95	from liability for a wrecker company, its operators, and
96	other employees or agents if services are performed with
97	reasonable care or for complying with the directions of a
98	law enforcement officer; providing for the owner of a
99	vehicle or vessel to dispute a claim of lien by a wrecker
100	company based on a record of sale; clarifying that the
101	amendments made by the act do not affect the validity of
102	prior liens; creating s. 713.785, F.S.; authorizing the
103	imposition of lien by a mobile home transport company for
104	recovering, towing, or storing a mobile home; providing
105	definitions; requiring a mobile home transport company to
106	provide notice of recovery, towing, or storage services;
107	providing for the filing of a complaint; providing
108	procedures for the sale of an unclaimed mobile home;
109	specifying circumstances under which a mobile home
110	transport company must obtain a certificate of
111	destruction; providing for fees; authorizing the
112	department to adopt rules; providing for fees; providing
113	for issuing certificates of destruction and revalidation
114	stickers; providing procedures for disputing a lien and
115	for discharge of a lien; providing for the posting and
116	repayment of surety; providing for criminal penalties;
117	amending s. 319.30, F.S.; redefining the term "certificate
118	of destruction," to conform; amending s. 715.07, F.S.,
119	relating to the towing of vehicles and vessels parked on
120	real property without permission; providing definitions;
121	providing for the towing and removal of vehicles and
122	vessels under certain circumstances; conforming provisions
123	to changes made by the act; providing requirements for
124	towing and storage; prohibiting a property owner from
125	soliciting a wrecker company for a rebate for the
126	privilege of removing vehicles from the owner's property;
127	providing immunity from liability for a wrecker company,
128	its operators, and other employees or agents if services
129	are performed with reasonable care; providing that failure
130	to comply with notice requirements precludes a wrecker
131	company from imposing certain towing or storage charges;
132	providing penalties; repealing s. 1.01(15), F.S., relating
133	to the definition of the term "wrecker operator";
134	providing an appropriation and authorizing additional
135	positions; providing effective dates.
136
137	Be It Enacted by the Legislature of the State of Florida:
138
139	Section 1.  Effective January 1, 2006, paragraph (b) of
140	subsection (8) of section 120.80, Florida Statutes, is amended
141	to read:
142	120.80  Exceptions and special requirements; agencies.--
143	(8)  DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES.--
144	(b)  Wrecker companies operators.--Notwithstanding s.
145	120.57(1)(a), hearings held by the Division of the Florida
146	Highway Patrol of the Department of Highway Safety and Motor
147	Vehicles to deny, suspend, or remove a wrecker company operator
148	from participating in the wrecker allocation rotation system
149	established under by s. 321.051 need not be conducted by an
150	administrative law judge assigned by the division. These
151	hearings shall be held by a hearing officer appointed by the
152	director of the Division of the Florida Highway Patrol.
153	Section 2.  Effective January 1, 2006, section 205.1975,
154	Florida Statutes, is created to read:
155	205.1975  Wrecker companies; consumer protection.--A county
156	or municipality may not issue or renew an occupational license
157	for the operation of a wrecker company under chapter 508 unless
158	the wrecker company exhibits a current registration from the
159	Department of Agriculture and Consumer Services.
160	Section 3.  Subsection (3) of section 316.530, Florida
161	Statutes, is amended to read:
162	316.530  Towing requirements.--
163	(3)  Whenever a motor vehicle becomes disabled upon the
164	highways of this state and a wrecker or tow truck is required to
165	remove it to a repair shop or other appropriate location, if the
166	combined weights of those two vehicles and the loads thereon
167	exceed the maximum allowable weights as established by s.
168	316.535, no penalty shall be assessed either vehicle or driver.
169	However, this exception shall not apply to the load limits for
170	bridges and culverts established by the department as provided
171	in s. 316.555.
172	Section 4.  For the purpose of incorporating the amendment
173	made by this act to section 320.01, Florida Statutes, in a
174	reference thereto, subsection (4) of section 316.550, Florida
175	Statutes, is reenacted to read:
176	316.550  Operations not in conformity with law; special
177	permits.--
178	(4)(a)  The Department of Transportation may issue a
179	wrecker special blanket permit to authorize a wrecker as defined
180	in s. 320.01(40) to tow a disabled vehicle as defined in s.
181	320.01(38) where the combination of the wrecker and the disabled
182	vehicle being towed exceeds the maximum weight limits as
183	established by s. 316.535.
184	(b)  The Department of Transportation must supply the
185	permitted wrecker with a map showing the routes on which the
186	wrecker may safely tow disabled vehicles for all special permit
187	classifications for which the wrecker applies.
188	Section 5.  Subsection (1) of section 316.605, Florida
189	Statutes, is amended to read:
190	316.605  Licensing of vehicles.--
191	(1)  Every vehicle, at all times while driven, stopped, or
192	parked upon any highways, roads, or streets of this state, shall
193	be licensed in the name of the owner thereof in accordance with
194	the laws of this state unless such vehicle is not required by
195	the laws of this state to be licensed in this state and shall,
196	except as otherwise provided in s. 320.0706 for front-end
197	registration license plates on truck tractors or wreckers,
198	display the license plate or both of the license plates assigned
199	to it by the state, one on the rear and, if two, the other on
200	the front of the vehicle, each to be securely fastened to the
201	vehicle outside the main body of the vehicle in such manner as
202	to prevent the plates from swinging, with all letters, numerals,
203	printing, writing, and other identification marks upon the
204	plates clear and distinct and free from defacement, mutilation,
205	grease, and other obscuring matter, so that they will be plainly
206	visible and legible at all times 100 feet from the rear or
207	front. In addition, if only one registration plate is issued for
208	a motor vehicle that is equipped with a mechanical loading
209	device that may damage the plate, the plate may be attached to
210	the front of the vehicle. Nothing shall be placed upon the face
211	of a Florida plate except as permitted by law or by rule or
212	regulation of a governmental agency. No license plates other
213	than those furnished by the state shall be used.  However, if
214	the vehicle is not required to be licensed in this state, the
215	license plates on such vehicle issued by another state, by a
216	territory, possession, or district of the United States, or by a
217	foreign country, substantially complying with the provisions
218	hereof, shall be considered as complying with this chapter. A
219	government license plate that is issued to a truck tractor or
220	heavy truck having a gross vehicle weight of 26,001 pounds or
221	more which is owned by a governmental entity may be placed on
222	the front of the vehicle and is in compliance with this chapter.
223	A violation of this subsection is a noncriminal traffic
224	infraction, punishable as a nonmoving violation as provided in
225	chapter 318.
226	Section 6.  Subsection (40) of section 320.01, Florida
227	Statutes, is amended to read:
228	320.01  Definitions, general.--As used in the Florida
229	Statutes, except as otherwise provided, the term:
230	(40)  "Wrecker" means a tow truck or other any motor
231	vehicle that is used to tow, carry, or otherwise transport motor
232	vehicles or vessels upon the streets and highways of this state
233	and that is equipped for that purpose with a boom, winch, car
234	carrier, or other similar equipment.
235	Section 7.  Effective January 1, 2006, subsection (8) of
236	section 320.03, Florida Statutes, is amended to read:
237	320.03  Registration; duties of tax collectors;
238	International Registration Plan.--
239	(8)  If the applicant's name appears on the list referred
240	to in s. 316.1001(4), s. 316.1967(6), or s. 713.78(13), a
241	license plate or revalidation sticker may not be issued until
242	that person's name no longer appears on the list or until the
243	person presents a receipt from the clerk showing that the fines
244	outstanding have been paid. The tax collector and the clerk of
245	the court are each entitled to receive monthly, as costs for
246	implementing and administering this subsection, 10 percent of
247	the civil penalties and fines recovered from such persons. As
248	used in this subsection, the term "civil penalties and fines"
249	does not include a wrecker company's operator's lien as
250	described in s. 713.78(13). If the tax collector has private tag
251	agents, such tag agents are entitled to receive a pro rata share
252	of the amount paid to the tax collector, based upon the
253	percentage of license plates and revalidation stickers issued by
254	the tag agent compared to the total issued within the county.
255	The authority of any private agent to issue license plates shall
256	be revoked, after notice and a hearing as provided in chapter
257	120, if he or she issues any license plate or revalidation
258	sticker contrary to the provisions of this subsection. This
259	section applies only to the annual renewal in the owner's birth
260	month of a motor vehicle registration and does not apply to the
261	transfer of a registration of a motor vehicle sold by a motor
262	vehicle dealer licensed under this chapter, except for the
263	transfer of registrations which is inclusive of the annual
264	renewals. This section does not affect the issuance of the title
265	to a motor vehicle, notwithstanding s. 319.23(7)(b).
266	Section 8.  Section 320.0706, Florida Statutes, is amended
267	to read:
268	320.0706  Display of license plates on trucks.--The owner
269	of any commercial truck of gross vehicle weight of 26,001 pounds
270	or more shall display the registration license plate on both the
271	front and rear of the truck in conformance with all the
272	requirements of s. 316.605 that do not conflict with this
273	section. However, the owner of a truck tractor or a wrecker must
274	shall be required to display the registration license plate only
275	on the front of such vehicle.
276	Section 9.  For the purpose of incorporating the amendment
277	made by this act to section 320.01, Florida Statutes, in
278	references thereto, paragraphs (d) and (e) of subsection (5) of
279	section 320.08, Florida Statutes, are reenacted to read:
280	320.08  License taxes.--Except as otherwise provided
281	herein, there are hereby levied and imposed annual license taxes
282	for the operation of motor vehicles, mopeds, motorized bicycles
283	as defined in s. 316.003(2), and mobile homes, as defined in s.
284	320.01, which shall be paid to and collected by the department
285	or its agent upon the registration or renewal of registration of
286	the following:
287	(5)  SEMITRAILERS, FEES ACCORDING TO GROSS VEHICLE WEIGHT;
288	SCHOOL BUSES; SPECIAL PURPOSE VEHICLES.--
289	(d)  A wrecker, as defined in s. 320.01(40), which is used
290	to tow a vessel as defined in s. 327.02(36), a disabled,
291	abandoned, stolen-recovered, or impounded motor vehicle as
292	defined in s. 320.01(38), or a replacement motor vehicle as
293	defined in s. 320.01(39): $30 flat.
294	(e)  A wrecker, as defined in s. 320.01(40), which is used
295	to tow any motor vehicle, regardless of whether or not such
296	motor vehicle is a disabled motor vehicle as defined in s.
297	320.01(38), a replacement motor vehicle as defined in s.
298	320.01(39), a vessel as defined in s. 327.02(36), or any other
299	cargo, as follows:
300	1.  Gross vehicle weight of 10,000 pounds or more, but less
301	than 15,000 pounds:  $87 flat.
302	2.  Gross vehicle weight of 15,000 pounds or more, but less
303	than 20,000 pounds:  $131 flat.
304	3.  Gross vehicle weight of 20,000 pounds or more, but less
305	than 26,000 pounds:  $186 flat.
306	4.  Gross vehicle weight of 26,000 pounds or more, but less
307	than 35,000 pounds:  $240 flat.
308	5.  Gross vehicle weight of 35,000 pounds or more, but less
309	than 44,000 pounds:  $300 flat.
310	6.  Gross vehicle weight of 44,000 pounds or more, but less
311	than 55,000 pounds:  $572 flat.
312	7.  Gross vehicle weight of 55,000 pounds or more, but less
313	than 62,000 pounds:  $678 flat.
314	8.  Gross vehicle weight of 62,000 pounds or more, but less
315	than 72,000 pounds:  $800 flat.
316	9.  Gross vehicle weight of 72,000 pounds or more:  $979
317	flat.
318	Section 10.  Subsection (1) of section 320.0821, Florida
319	Statutes, is amended, and subsection (5) is added to that
320	section, to read:
321	320.0821  Wrecker license plates.--
322	(1)  The department shall issue one a wrecker license
323	plate, regardless of gross vehicle weight, to the owner of any
324	motor vehicle that is used to tow, carry, or otherwise transport
325	motor vehicles and that is equipped for that purpose with a
326	boom, winch, carrier, or other similar equipment, except a motor
327	vehicle registered under the International Registration Plan,
328	upon application and payment of the appropriate license tax and
329	fees in accordance with s. 320.08(5)(d) or (e).
330	(5)  A wrecker license plate must be displayed on the front
331	of such vehicle.
332	Section 11.  Effective January 1, 2006, subsection (1) of
333	section 320.0821, Florida Statutes, as amended by this act, is
334	amended to read:
335	320.0821  Wrecker license plates.--
336	(1)  The department shall issue one wrecker license plate,
337	regardless of gross vehicle weight, to the owner of a wrecker
338	any motor vehicle that is used to tow, carry, or otherwise
339	transport motor vehicles and that is equipped for that purpose
340	with a boom, winch, carrier, or other similar equipment, except
341	a motor vehicle registered under the International Registration
342	Plan, upon application and payment of the appropriate license
343	tax and fees in accordance with s. 320.08(5)(d) or (e). However,
344	the department may issue or renew a wrecker license plate only
345	if the owner of the wrecker is a wrecker company registered
346	under chapter 508. This section does not apply to a motor
347	vehicle registered under the International Registration Plan.
348	Section 12.  Paragraph (a) of subsection (1) of section
349	320.13, Florida Statutes, is amended to read:
350	320.13  Dealer and manufacturer license plates and
351	alternative method of registration.--
352	(1)(a)  Any licensed motor vehicle dealer and any licensed
353	mobile home dealer may, upon payment of the license tax imposed
354	by s. 320.08(12), secure one or more dealer license plates,
355	which are valid for use on motor vehicles or mobile homes owned
356	by the dealer to whom such plates are issued while the motor
357	vehicles are in inventory and for sale, or while being operated
358	in connection with such dealer's business, but are not valid for
359	use for hire. Dealer license plates may not be used on any tow
360	truck or wrecker as defined in s. 320.01 unless the tow truck or
361	wrecker is being demonstrated for sale, and the dealer license
362	plates may not be used on a vehicle used to transport another
363	motor vehicle for the motor vehicle dealer.
364	Section 13.  Effective January 1, 2006, section 321.051,
365	Florida Statutes, is amended to read:
366	(Substantial rewording of section. See
367	s. 321.051, F.S., for present text.)
368	321.051  Florida Highway Patrol wrecker allocation system;
369	penalties for operation outside of system.--
370	(1)  As used in this section, the term:
371	(a)  "Division" means the Division of the Florida Highway
372	Patrol within the Department of Highway Safety and Motor
373	Vehicles.
374	(b)  "Authorized wrecker company" means a wrecker company
375	designated by the division as part of its wrecker allocation
376	system.
377	(c)  "Unauthorized wrecker company" means a wrecker company
378	not designated by the division as part of its wrecker allocation
379	system.
380	(d)  "Wrecker company" has the same meaning ascribed in s.
381	508.01.
382	(e)  "Wrecker operator" has the same meaning ascribed in s.
383	508.01.
384	(f)  "Wrecker services" has the same meaning ascribed in s.
385	508.01.
386	(2)(a)  The division may establish within areas designated
387	by the division a wrecker allocation system, using qualified,
388	reputable wrecker companies, for the removal from crash scenes
389	and the storage of wrecked or disabled vehicles when the owner
390	or operator is incapacitated, unavailable, or leaves the
391	procurement of wrecker services to the officer at the scene and
392	for the removal and storage of abandoned vehicles.
393	(b)  The wrecker allocation system may use only wrecker
394	companies registered under chapter 508. Each reputable wrecker
395	company registered under chapter 508 is eligible for use in the
396	system if its equipment and wrecker operators meet the
397	recognized safety qualifications and mechanical standards set by
398	the division's rules for the size of vehicle they are designed
399	to handle. The division may limit the number of wrecker
400	companies participating in the wrecker allocation system.
401	(c)  The division may establish maximum rates for the
402	towing and storage of vehicles removed at the division's request
403	if those rates are not established by a county or municipality
404	under s. 125.0103 or s. 166.043. These rates are not rules for
405	the purpose of chapter 120; however, the Department of Highway
406	Safety and Motor Vehicles shall adopt rules prescribing the
407	procedures for setting these rates.
408	(d)  Notwithstanding chapter 120, a final order of the
409	department denying, suspending, or revoking a wrecker company's
410	participation in the wrecker allocation system may be appealed
411	only in the manner and within the time provided by the Florida
412	Rules of Appellate Procedure by a writ of certiorari issued by
413	the circuit court in the county in which the wrecker company's
414	primary place of business is located, as evidenced by the
415	wrecker company's registration under chapter 508.
416	(3)(a)  An unauthorized wrecker company, its wrecker
417	operators, or its other employees or agents may not monitor a
418	police radio for communications between patrol field units and
419	the dispatcher in order to determine the location of a wrecked
420	or disabled vehicle for the purpose of dispatching its wrecker
421	operator to drive by the scene of the vehicle in a manner
422	described in paragraph (b) or paragraph (c). Any person who
423	violates this paragraph commits a noncriminal violation,
424	punishable as provided in s. 775.083.
425	(b)  A wrecker operator dispatched by an unauthorized
426	wrecker company may not drive by the scene of a wrecked or
427	disabled vehicle before the arrival of the wrecker operator
428	dispatched by the authorized wrecker company, initiate contact
429	with the owner or operator of the vehicle by soliciting or
430	offering wrecker services, or tow the vehicle. Any person who
431	violates this paragraph commits a misdemeanor of the second
432	degree, punishable as provided in s. 775.082 or s. 775.083.
433	(c)  When a wrecker operator dispatched by an unauthorized
434	wrecker company drives by the scene of a wrecked or disabled
435	vehicle and the owner or operator initiates contact by signaling
436	the wrecker operator to stop and provide wrecker services, the
437	wrecker operator must disclose to the owner or operator of the
438	vehicle that he or she was not dispatched by the authorized
439	wrecker company designated as part of the wrecker allocation
440	system and must disclose, in writing, what charges for towing
441	and storage will apply before the vehicle is connected to the
442	towing apparatus. Any person who violates this paragraph commits
443	a misdemeanor of the second degree, punishable as provided in s.
444	775.082 or s. 775.083.
445	(d)  A wrecker operator may not falsely identify himself or
446	herself as being part of, or as being employed by a wrecker
447	company that is part of, the wrecker allocation system at the
448	scene of a wrecked or disabled vehicle. Any person who violates
449	this paragraph commits a misdemeanor of the first degree,
450	punishable as provided in s. 775.082 or s. 775.083.
451	(4)  This section does not prohibit, or in any way prevent,
452	the owner or operator of a vehicle involved in a crash or
453	otherwise disabled from contacting any wrecker company for the
454	provision of wrecker services, regardless of whether the wrecker
455	company is an authorized wrecker company or not. However, if a
456	law enforcement officer determines that the disabled vehicle or
457	vehicle cargo is a public safety hazard, the officer may, in the
458	interest of public safety, dispatch an authorized wrecker
459	company if the officer believes that the authorized wrecker
460	company would arrive at the scene before the wrecker company
461	requested by the owner or operator of the disabled vehicle or
462	vehicle cargo.
463	(5)  A law enforcement officer may dispatch an authorized
464	wrecker company out of rotation to the scene of a wrecked or
465	disabled vehicle if the authorized wrecker company next on
466	rotation is not equipped to provide the required wrecker
467	services and the out-of-rotation authorized wrecker company is
468	available with the required equipment. However, this subsection
469	does not prohibit or prevent the owner or operator of a vehicle
470	involved in a crash or otherwise disabled from contacting any
471	wrecker company who is properly equipped to provide the required
472	wrecker services, regardless of whether the wrecker company is
473	an authorized wrecker company or not, unless the law enforcement
474	officer determines that the wrecked or disabled vehicle is a
475	public safety hazard and the officer believes that the
476	authorized wrecker company would arrive at the scene before the
477	wrecker company requested by the owner or operator.
478	Section 14.  Effective January 1, 2006, section 323.001,
479	Florida Statutes, is amended to read:
480	(Substantial rewording of section. See
481	s. 323.001, F.S., for present text.)
482	323.001  Wrecker company storage facilities; vehicle
483	holds.--
484	(1)  As used in this section, the term:
485	(a)  "Business day" means a day other than a Saturday,
486	Sunday, or federal or state legal holiday.
487	(b)  "Wrecker company" has the same meaning ascribed in s.
488	508.01.
489	(2)  A law enforcement agency may place a hold on a motor
490	vehicle stored within a wrecker company's storage facility for 5
491	business days, thereby preventing a motor vehicle from being
492	released to its owner.
493	(3)  To extend a hold, the law enforcement agency must
494	notify the wrecker company in writing within the 5 business
495	days. If notification is not made within the 5 business days,
496	the wrecker company must release the vehicle to the designated
497	person under s. 713.78.
498	(a)  If the hold is extended beyond the 5 business days,
499	the law enforcement agency may have the vehicle removed to a
500	designated impound lot, in which event the vehicle may not be
501	released by the law enforcement agency to the owner or
502	lienholder of the vehicle until proof of payment of the towing
503	and storage charges incurred by the wrecker company is presented
504	to the law enforcement agency.
505	(b)  If the law enforcement agency chooses to have the
506	vehicle remain at the wrecker company's storage facility for
507	more than 5 business days under the written notification, the
508	law enforcement agency is responsible for paying the storage
509	charges incurred by the wrecker company for the requested
510	extended period. In such an event, the owner or lienholder is
511	responsible for paying the accrued towing and storage charges
512	for the first 5 business days, or any period less than the first
513	5 business days, if the law enforcement agency moves the vehicle
514	from the wrecker company's storage facility to a designated
515	impound lot or provides written notification to extend the hold
516	on the vehicle before the expiration of the 5 business days.
517	(c)  The towing and storage rates for the owner or
518	lienholder of the held vehicle may not exceed the rates for the
519	law enforcement agency.
520	(4)  If there is a judicial finding of no probable cause
521	for having continued the immobilization or impoundment, the law
522	enforcement agency ordering the hold must pay the accrued
523	charges for any towing and storage.
524	(5)  The requirements for a written hold apply when the
525	following conditions are present:
526	(a)  The law enforcement officer has probable cause to
527	believe that the vehicle should be seized and forfeited under
528	the Florida Contraband Forfeiture Act, ss. 932.701-932.707;
529	(b)  The law enforcement officer has probable cause to
530	believe that the vehicle should be seized and forfeited under
531	chapter 370 or chapter 372;
532	(c)  The law enforcement officer has probable cause to
533	believe that the vehicle was used as the means of committing a
534	crime;
535	(d)  The law enforcement officer has probable cause to
536	believe that the vehicle is itself evidence that tends to show
537	that a crime has been committed or that the vehicle contains
538	evidence, which cannot readily be removed, which tends to show
539	that a crime has been committed;
540	(e)  The law enforcement officer has probable cause to
541	believe that the vehicle was involved in a traffic accident
542	resulting in death or personal injury and should be sealed for
543	investigation and collection of evidence by a vehicular homicide
544	investigator;
545	(f)  The vehicle is impounded or immobilized under s.
546	316.193 or s. 322.34; or
547	(g)  The law enforcement officer is complying with a court
548	order.
549	(6)  The hold must be in writing and must specify:
550	(a)  The name and agency of the law enforcement officer
551	placing the hold on the vehicle.
552	(b)  The date and time the hold is placed on the vehicle.
553	(c)  A general description of the vehicle, including its
554	color, make, model, body style, and year; vehicle identification
555	number (VIN); registration license plate number, state, and
556	year; and validation sticker number, state, and year.
557	(d)  The specific reason for placing the hold.
558	(e)  The condition of the vehicle.
559	(f)  The location where the vehicle is being held.
560	(g)  The name, address, and telephone number of the wrecker
561	company and the storage facility.
562	(7)  A wrecker company's storage facility must comply with
563	a hold placed by a law enforcement officer, including
564	instructions for inside or outside storage. A wrecker company's
565	storage facility may not release a motor vehicle subject to a
566	hold to any person except as directed by the law enforcement
567	agency placing the hold.
568	(8)  When a vehicle owner is found guilty of, or pleads
569	nolo contendere to, the offense that resulted in a hold being
570	placed on his or her vehicle, regardless of the adjudication of
571	guilt, the owner must pay the accrued towing and storage charges
572	assessed against the vehicle.
573	Section 15.  Effective January 1, 2006, section 323.002,
574	Florida Statutes, is amended to read:
575	(Substantial rewording of section. See
576	s. 323.002, F.S., for present text.)
577	323.002  County and municipal wrecker allocation systems;
578	penalties for operation outside of system.--
579	(1)  As used in this section, the term:
580	(a)  "Authorized wrecker company" means a wrecker company
581	designated as part of the wrecker allocation system established
582	by the governmental unit having jurisdiction over the scene of a
583	wrecked or disabled vehicle.
584	(b)  "Unauthorized wrecker company" means a wrecker company
585	not designated as part of the wrecker allocation system
586	established by the governmental unit having jurisdiction over
587	the scene of a wrecked or disabled vehicle.
588	(c)  "Wrecker allocation system" means a system for the
589	towing or removal of wrecked, disabled, or abandoned vehicles,
590	similar to the Florida Highway Patrol wrecker allocation system
591	described in s. 321.051(2), under which a county or municipality
592	contracts with one or more wrecker companies registered under
593	chapter 508 for the towing or removal of wrecked, disabled, or
594	abandoned vehicles from accident scenes, streets, or highways.
595	Each wrecker allocation system must use a method for
596	apportioning the towing assignments among the eligible wrecker
597	companies through the creation of geographic zones, a rotation
598	schedule, or a combination of these methods.
599	(d)  "Wrecker company" has the same meaning ascribed in s.
600	508.01.
601	(e)  "Wrecker operator" has the same meaning ascribed in s.
602	508.01.
603	(f)  "Wrecker services" has the same meaning ascribed in s.
604	508.01.
605	(2)  In a county or municipality that operates a wrecker
606	allocation system:
607	(a)  The wrecker allocation system may only use wrecker
608	companies registered under chapter 508.
609	(b)  An unauthorized wrecker company, its wrecker
610	operators, or its other employees or agents may not monitor a
611	police radio for communications between patrol field units and
612	the dispatcher in order to determine the location of a wrecked
613	or disabled vehicle for the purpose of dispatching its wrecker
614	operator to drive by the scene of the vehicle in a manner
615	described in paragraph (c) or paragraph (d). Any person who
616	violates this paragraph commits a noncriminal violation,
617	punishable as provided in s. 775.083.
618	(c)  A wrecker operator dispatched by an unauthorized
619	wrecker company may not drive by the scene of a wrecked or
620	disabled vehicle before the arrival of the wrecker operator
621	dispatched by the authorized wrecker company, initiate contact
622	with the owner or operator of the vehicle by soliciting or
623	offering wrecker services, or tow the vehicle. Any person who
624	violates this paragraph commits a misdemeanor of the second
625	degree, punishable as provided in s. 775.082 or s. 775.083.
626	(d)  When a wrecker operator dispatched by an unauthorized
627	wrecker company drives by the scene of a wrecked or disabled
628	vehicle and the owner or operator initiates contact by signaling
629	the wrecker operator to stop and provide wrecker services, the
630	wrecker operator must disclose to the owner or operator of the
631	vehicle that he or she was not dispatched by the authorized
632	wrecker company designated as part of the wrecker allocation
633	system and must disclose, in writing, what charges for towing
634	and storage will apply before the vehicle is connected to the
635	towing apparatus. Any person who violates this paragraph commits
636	a misdemeanor of the second degree, punishable as provided in s.
637	775.082 or s. 775.083.
638	(e)  A wrecker operator may not falsely identify himself or
639	herself as being part of, or as being employed by a wrecker
640	company that is part of, the wrecker allocation system at the
641	scene of a wrecked or disabled vehicle. Any person who violates
642	this paragraph commits a misdemeanor of the first degree,
643	punishable as provided in s. 775.082 or s. 775.083.
644	(3)  This section does not prohibit, or in any way prevent,
645	the owner or operator of a vehicle involved in a crash or
646	otherwise disabled from contacting any wrecker company for the
647	provision of wrecker services, regardless of whether the wrecker
648	company is an authorized wrecker company or not. However, if a
649	law enforcement officer determines that the disabled vehicle or
650	vehicle cargo is a public safety hazard, the officer may, in the
651	interest of public safety, dispatch an authorized wrecker
652	company if the officer believes that the authorized wrecker
653	company would arrive at the scene before the wrecker company
654	requested by the owner or operator of the disabled vehicle or
655	vehicle cargo.
656	(4)  A law enforcement officer may dispatch an authorized
657	wrecker company out of rotation to the scene of a wrecked or
658	disabled vehicle if the authorized wrecker company next on
659	rotation is not equipped to provide the required wrecker
660	services and the out-of-rotation authorized wrecker company is
661	available with the required equipment. However, this subsection
662	does not prohibit or prevent the owner or operator of a vehicle
663	involved in a crash or otherwise disabled from contacting any
664	wrecker company that is properly equipped to provide the
665	required wrecker services, regardless of whether the wrecker
666	company is an authorized wrecker company or not, unless the law
667	enforcement officer determines that the wrecked or disabled
668	vehicle is a public safety hazard and the officer believes that
669	the authorized wrecker company would arrive at the scene before
670	the wrecker company requested by the owner or operator.
671	Section 16.  Chapter 508, Florida Statutes, consisting of
672	sections 508.01, 508.02, 508.03, 508.04, 508.05, 508.06,
673	508.061, 508.07, 508.08, 508.09, 508.10, 508.11, 508.12, 508.13,
674	508.14, 508.15, 508.16, 508.17, 508.18, 508.19, and 508.20, is
675	created to read:
676	CHAPTER 508
677	WRECKER SERVICES
678	508.01  Definitions.--As used in this chapter, the term:
679	(1)  "Business entity" means any form of corporation,
680	limited liability company, partnership, association,
681	cooperative, joint venture, business trust, sole proprietorship,
682	or self-employed person conducting business in this state.
683	(2)  "Council" means the Wrecker Operator Advisory Council.
684	(3)  "Department" means the Department of Agriculture and
685	Consumer Services.
686	(4)  "Specialized wrecker services" means those wrecker
687	services described in s. 508.08 for which a wrecker operator
688	must have an endorsement to perform those services.
689	(5)  "Ultimate equitable owner" means a natural person who,
690	directly or indirectly, owns or controls 10 percent or more of
691	an ownership interest in a wrecker company, regardless of
692	whether the natural person owns or controls the ownership
693	interest through one or more natural persons or one or more
694	proxies, powers of attorney, nominees, business entities, or any
695	combination thereof.
696	(6)  "Vehicle" means any vehicle of a type that may be
697	registered under chapter 320 for operation on the roads of this
698	state, regardless of whether the vehicle is actually registered.
699	The term does not include a mobile home or manufactured home as
700	defined in s. 320.01.
701	(7)  "Vessel" means every description of watercraft, barge,
702	and air boat used or capable of being used as a means of
703	transportation on water, other than a seaplane or a documented
704	vessel as defined in s. 327.02.
705	(8)  "Wrecker" has the same meaning ascribed in s. 320.01.
706	(9)  "Wrecker company" means a business entity engaged for
707	hire in the business of towing, carrying, or transporting
708	vehicles or vessels by wrecker upon the streets and highways of
709	this state. The term does not include a person regularly engaged
710	in the business of transporting mobile homes.
711	(10)  "Wrecker operator" means a person who performs
712	wrecker services.
713	(11)  "Wrecker services" means towing, carrying, or
714	otherwise transporting vehicles or vessels by wrecker upon the
715	streets and highways of this state for hire. The term includes,
716	but is not limited to, each of the following:
717	(a)  Driving a wrecker.
718	(b)  Loading, securing, and unloading a vehicle or vessel
719	on a wrecker using a boom, winch, car carrier, or other similar
720	equipment.
721	(c)  Towing or removal of a wrecked, disabled, or abandoned
722	vehicle under the Florida Highway Patrol wrecker allocation
723	system pursuant to s. 321.051 or under a county or municipal
724	wrecker allocation system pursuant to s. 323.002.
725	(d)  Towing, recovery, or removal of a vehicle or vessel
726	under s. 713.78.
727	(e)  Towing, transportation, or removal of a vehicle or
728	vessel parked on real property without permission under s.
729	715.07.
730	(f)  Recovery of a vehicle or vessel.
731	508.02  Wrecker Operator Advisory Council.--
732	(1)  The Wrecker Operator Advisory Council is created
733	within the department. The council shall advise and assist the
734	department in administering this chapter.
735	(2)(a)  The council shall be composed of six members
736	appointed by the Commissioner of Agriculture. In addition, the
737	executive director of the Professional Wrecker Operators of
738	Florida, Inc., shall serve ex officio as a voting member of the
739	council.
740	(b)  Three members of the council must each be an ultimate
741	equitable owner of a wrecker company who has been an ultimate
742	equitable owner of that company for at least 5 years before his
743	or her appointment; one member must be a wrecker operator who is
744	not an ultimate equitable owner of a wrecker company and who has
745	been a wrecker operator for at least 5 years before his or her
746	appointment; and two members must be laypersons. Each member
747	must be a resident of this state. This paragraph expires July 1,
748	2011.
749	(c)  Effective July 1, 2011, three members of the council
750	must each be an ultimate equitable owner of a wrecker company
751	registered under this chapter who has been an ultimate equitable
752	owner of that company registered for at least 5 years before his
753	or her appointment; one member must be a wrecker operator
754	certified under this chapter who is not an ultimate equitable
755	owner of a wrecker company and who has been a wrecker operator
756	certified for at least 5 years before his or her appointment;
757	and two members must be laypersons. Each member must be a
758	resident of this state.
759	(3)  The term of each member of the council is 4 years,
760	except, to establish staggered terms, two members who are owners
761	of wrecker companies and one layperson shall be appointed
762	initially for a 2-year term. Members may be reappointed for
763	additional terms not to exceed 8 years of consecutive service. A
764	vacancy shall be filled for the remainder of the unexpired term
765	in the same manner as the original appointment.
766	(4)(a)  From among its members, the council shall annually
767	elect a chair, who shall preside over the meetings of the
768	council, and a vice chair.
769	(b)  In conducting its meetings, the council shall use
770	accepted rules of procedure. The department shall keep a
771	complete record of each meeting which must show the names of
772	members present and the actions taken. These records and other
773	documents about matters within the jurisdiction of the council
774	must be kept on file with the department.
775	(5)  The members of the council shall serve without
776	compensation but are entitled to reimbursement of travel and per
777	diem expenses under s. 112.061.
778	(6)  The department shall provide administrative and staff
779	support services relating to the functions of the council.
780	(7)  The council shall review the rules adopted by the
781	department to administer this chapter and shall advise the
782	department on matters relating to industry standards and
783	practices and other issues that require technical expertise and
784	consultation or that promote better consumer protection in the
785	wrecker industry.
786	508.03  Rulemaking authority.--The department may adopt
787	rules under ss. 120.536(1) and 120.54 to administer this
788	chapter.
789	508.04  Wrecker companies; registration
790	required.--Effective January 1, 2006:
791	(1)  A person may not own, operate, solicit business,
792	advertise wrecker services, or otherwise engage for hire in the
793	business of a wrecker company in this state unless that person
794	is registered with the department under this chapter.
795	(2)  A person applying for or renewing a local occupational
796	license to engage for hire in the business of a wrecker company
797	must exhibit a current registration certificate from the
798	department before the local occupational license may be issued
799	or reissued under chapter 205.
800	(3)  This section does not apply to a motor vehicle repair
801	shop registered with the department under s. 559.904 which
802	derives at least 80 percent of its gross sales from motor
803	vehicle repairs, or to any franchised motor vehicle dealers
804	licensed pursuant to s. 320.27 when wrecker services are
805	incidental to the operation of the franchise.
806	508.05  Registration requirements; renewal of
807	registrations.--
808	(1)  Each wrecker company engaged or attempting to engage
809	for hire in the business of towing, carrying, or transporting
810	vehicles, vessels, or mobile homes by wrecker upon the streets
811	and highways of this state must annually register with the
812	department on forms prescribed by the department. The
813	application for registration must include at least the following
814	information:
815	(a)  The name and federal employer identification number of
816	the wrecker company.
817	(b)  The mailing address, physical address, and telephone
818	number of the wrecker company's primary place of business.
819	(c)  The fictitious name under which the wrecker company
820	transacts business in this state.
821	(d)  The full name, residence address, business address,
822	and telephone number of the applicant. If the applicant is other
823	than a natural person, the application must also contain the
824	full name, residence address, business address, telephone
825	number, and federal employer identification number, if
826	applicable, of each ultimate equitable owner of the business
827	entity and each officer, director, partner, manager, member, or
828	managing member of the entity.
829	(e)  If the applicant is other than a natural person, the
830	full name of the business entity's registered agent and the
831	address of the registered office for service of process.
832	(f)  The physical address and telephone number of each
833	business location and each storage facility where the wrecker
834	company stores towed vehicles, vessels, or mobile homes.
835	(2)  Each initial and renewal application for registration
836	must be accompanied by the registration fee prescribed in s.
837	508.16.
838	(3)  Each initial application for registration must be
839	accompanied by a complete set of the applicant's fingerprints
840	taken by a law enforcement agency. If the applicant is other
841	than a natural person, a complete set of fingerprints must also
842	be filed for each ultimate equitable owner of the business
843	entity and each officer, director, partner, manager, member, or
844	managing member of the entity. The department shall submit the
845	fingerprints to the Department of Law Enforcement for state
846	processing, and the Department of Law Enforcement shall forward
847	the fingerprints to the Federal Bureau of Investigation for
848	national processing. The applicant must also pay the Department
849	of Law Enforcement a fingerprint processing fee for state
850	processing, and an additional fee for federal processing, for
851	each applicant's name submitted. Registration renewal
852	applications need not be accompanied by a set of fingerprints
853	for an individual who previously submitted a set of fingerprints
854	to the department as part of a prior year's registration
855	application.
856	(4)  The department shall review each application in
857	accordance with s. 120.60 and shall issue a registration
858	certificate, in the form and size prescribed by the department,
859	to each wrecker company whose application is approved. The
860	certificate must show at least the name and address of the
861	wrecker company and the registration number. The registration
862	certificate must be prominently displayed in the wrecker
863	company's primary place of business.
864	(5)  Each advertisement of a wrecker company must include
865	the phrase "Fla. Wrecker Co. Reg. No.     ." For the purpose of
866	this subsection, the term "advertisement" means a printed or
867	graphic statement made in a newspaper or other publication or
868	contained in any notice, handbill, or sign, including signage on
869	a vehicle, flyer, catalog, or letter.
870	(6)  A registration is invalid for a wrecker company
871	transacting business at a place other than the location
872	designated in the registration application unless the department
873	is first notified in writing before the change of location. A
874	registration issued under this chapter is not transferable or
875	assignable, and a wrecker company may not conduct business under
876	a name other than as registered. A wrecker company desiring to
877	change its registered name, location, or registered agent for
878	service of process at a time other than upon renewal of
879	registration must notify the department of the change.
880	(7)(a)  Each registration must be renewed annually on or
881	before the expiration date of the current registration. A late
882	fee of $25 must be paid, in addition to the registration fee or
883	any other penalty, for a registration renewal application that
884	is received by the department after the expiration date of the
885	current registration. The department may not issue a
886	registration until all fees are paid.
887	(b)  A wrecker company whose primary place of business is
888	located within a county or municipality that requires, by local
889	ordinance, a local occupational license under chapter 205 may
890	not renew a license under this chapter unless the wrecker
891	company obtains the occupational license from the county or
892	municipality.
893	(8)  Each wrecker company must provide the department with
894	a certificate of insurance for the required insurance coverage
895	under s. 627.7415 before the department may issue the
896	registration certificate for an initial or renewal registration.
897	The department must be named as a certificateholder on the
898	insurance certificate and must be notified at least 30 days
899	before any change in insurance coverage.
900	(9)  The department shall notify the Department of Highway
901	Safety and Motor Vehicles when a registration issued under this
902	chapter has been suspended or revoked by order of the
903	department. Notification must be sent within 10 days after the
904	department issues the suspension or revocation order.
905	508.06  Denial of registration.--The department may deny,
906	revoke, or refuse to renew the registration of a wrecker company
907	based upon a determination that the applicant or, if the
908	applicant is other than a natural person, the wrecker company or
909	any of its ultimate equitable owners, officers, directors,
910	partners, managers, members, or managing members has:
911	(1)  Not met the requirements for registration under this
912	chapter;
913	(2)  Been convicted of, found guilty of, or pled guilty or
914	nolo contendere to, regardless of the adjudication of guilt, a
915	felony within the last 10 years;
916	(3)  Been convicted of, found guilty of, or pled guilty or
917	nolo contendere to, regardless of the adjudication of guilt, a
918	crime within the last 10 years involving repossession of a motor
919	vehicle under chapter 493; repair of a motor vehicle under ss.
920	559.901-559.9221; theft of a motor vehicle under s. 812.014;
921	carjacking under s. 812.133; operation of a chop shop under s.
922	812.16; failure to maintain records of motor vehicle parts and
923	accessories under s. 860.14; airbag theft or use of fake airbags
924	under s. 860.145 or s. 860.146; overcharging for repairs and
925	parts under s. 860.15; or a violation of towing or storage
926	requirements for a motor vehicle under s. 321.051, chapter 323,
927	s. 713.78, s. 715.07, or this chapter;
928	(4)  Not satisfied a civil fine or penalty arising out of
929	an administrative or enforcement action brought by the
930	department, another governmental agency, or a private person
931	based upon conduct involving a violation of this chapter;
932	(5)  Pending against him or her a criminal, administrative,
933	or enforcement proceeding in any jurisdiction based upon conduct
934	involving a violation of this chapter; or
935	(6)  A judgment entered against him or her in an action
936	brought by the department under this chapter.
937	508.061  Acceptable forms of payment.--A wrecker company
938	shall accept a minimum of two of the following forms of payment:
939	(1)  Cash, cashier's check, money order, or traveler's
940	check;
941	(2)  Valid personal check, showing upon its face the name
942	and address of the vehicle or vessel owner or authorized
943	representative; or
944	(3)  Valid credit card, which shall include, but not be
945	limited to, Visa or MasterCard.
946	508.07  Wrecker operator certification program.--
947	(1)  The department, in consultation with the council,
948	shall establish a wrecker operator certification program by
949	December 31, 2005. Under this program, the council shall approve
950	certification courses for wrecker operators conducted by
951	approved organizations. The council shall prescribe the minimum
952	curricula for these courses, which must comprise at least 16
953	hours, equally apportioned between theoretical instruction and
954	practical training. The council must approve each organization
955	and its certification course before the course is accepted for
956	certification of wrecker operators under this chapter.
957	(2)  Each approved wrecker operator certification course
958	must include a certification examination demonstrating a wrecker
959	operator's knowledge, skills, and abilities in performing
960	wrecker services and in the instruction and training of the
961	certification course. The council must approve each
962	certification examination before the examination is accepted for
963	certification of wrecker operators under this chapter.
964	(3)  Each organization conducting an approved wrecker
965	operator certification course must issue on forms prescribed by
966	the department a certificate to each wrecker operator who
967	completes the approved certification course or who passes the
968	approved certification examination.
969	508.08  Specialized wrecker services.--
970	(1)  In addition to the minimum curricula for certification
971	of wrecker operators, each approved certification course must
972	offer optional instruction, training, and examination of wrecker
973	operators for each of the following specialized wrecker
974	services:
975	(a)  Light duty.--Towing and winching a passenger vehicle,
976	and uprighting such an overturned vehicle, including the proper
977	use of chains, wire rope, and straps.
978	(b)  Medium duty.--Towing and winching a medium-sized
979	commercial vehicle, and uprighting such an overturned vehicle.
980	(c)  Heavy duty.--Towing and winching a standard large-
981	large-sized commercial vehicle, and uprighting such an
982	overturned vehicle.
983	(d)  Ultra-heavy duty.--Towing and winching a specialty
984	large-sized commercial vehicle or another complex vehicle, and
985	uprighting such an overturned vehicle.
986	(e)  Rollback wrecker.--Proper loading, securing,
987	transporting, and unloading of a vehicle on a flatbed-rollback
988	wrecker.
989	(f)  Hazardous materials.--Awareness of hazardous
990	materials. Instruction and training for this wrecker service
991	must comprise at least 8 hours in order to be approved.
992	(g)  Air cushions.--Proper use of air cushions in the
993	recovery of a heavy-duty vehicle.
994	(2)  The department shall adopt rules prescribing specific
995	standards to further define each of the specialized wrecker
996	services described in subsection (1). The council must approve
997	the instruction, training, and examination for a specialized
998	wrecker service before the specialized wrecker service is
999	accepted for endorsement of a wrecker operator's certification
1000	under this chapter.
1001	(3)  Each organization conducting an approved wrecker
1002	operator certification course must issue on forms prescribed by
1003	the department a certificate to each wrecker operator who
1004	completes the approved instruction and training for a
1005	specialized wrecker service or who passes the approved
1006	endorsement examination for that specialized wrecker service.
1007	508.09  Certification cards.--
1008	(1)  Each organization conducting an approved wrecker
1009	operator certification course must issue a certification card to
1010	each wrecker operator who completes the approved certification
1011	course and passes the approved certification examination. The
1012	department must approve the form of the certification cards
1013	issued by each organization. Each certification card must
1014	include the wrecker operator's name, a color photograph or
1015	digital image of the wrecker operator, and the expiration date
1016	of the certification card.
1017	(2)  Each certification card must also include the wrecker
1018	operator's applicable endorsements for specialized wrecker
1019	services, for which the wrecker operator completed the approved
1020	instruction and training for the specialized wrecker service and
1021	passed the approved endorsement examination for that specialized
1022	wrecker service.
1023	(3)  The department may adopt rules governing the issuance
1024	of a certification card to a wrecker operator who:
1025	(a)  Completes a certification course and passes a
1026	certification examination in another state which are
1027	substantially equivalent to the approved certification courses
1028	and approved certification examinations in this state.
1029	(b)  Completed a certification course and passed a
1030	certification examination in this state between January 1, 2000,
1031	and December 31, 2005, which are substantially equivalent to the
1032	approved certification courses and the approved certification
1033	examinations. This paragraph expires July 1, 2006.
1034	(c)  Completed instruction and training for a specialized
1035	wrecker service and passed an endorsement examination for that
1036	specialized wrecker service between January 1, 2000, and
1037	December 31, 2005, which are substantially equivalent to the
1038	approved instruction and training and the approved endorsement
1039	examinations. This paragraph expires July 1, 2006.
1040
1041	For the purposes of this subsection, the council shall approve
1042	each certification examination in another state, and shall
1043	approve the instruction, training, and examination for each
1044	specialized wrecker service in another state, which the council
1045	determines are substantially equivalent to the approved
1046	certification courses and approved certification examinations in
1047	this state or to the approved instruction, training, and
1048	endorsement examinations for a specialized wrecker service in
1049	this state.
1050	(4)  Each certification card expires 5 years after the date
1051	of issuance.
1052	(5)  Certification cards shall be issued by the
1053	organizations conducting approved wrecker operator certification
1054	courses. The department is not responsible for issuing
1055	certification cards or for the costs associated with the
1056	issuance of certification cards.
1057	508.10  Wrecker operators; certification required;
1058	inspection of employment records.--Effective January 1, 2006:
1059	(1)  A person may not perform wrecker services in this
1060	state unless he or she is an employee or ultimate equitable
1061	owner of a wrecker company that is registered with the
1062	department under this chapter and those wrecker services are
1063	performed on behalf of the wrecker company.
1064	(2)(a)  A person may not perform wrecker services or
1065	specialized wrecker services for a wrecker company for more than
1066	6 months after first being employed by, or becoming an ultimate
1067	equitable owner of, the wrecker company without being certified
1068	as a wrecker operator under this chapter.
1069	(b)  A wrecker operator certified under this chapter may
1070	not perform a specialized wrecker service for a wrecker company
1071	unless the wrecker operator's certification includes an
1072	endorsement for that specialized wrecker service.
1073	(3)(a)  Notwithstanding subsections (1) and (2), a person
1074	may perform wrecker services or specialized wrecker services in
1075	this state if he or she is an employee or ultimate equitable
1076	owner of a motor vehicle repair shop registered with the
1077	department under s. 559.904 and those wrecker services or
1078	specialized wrecker services are performed on behalf of the
1079	motor vehicle repair shop.
1080	(b)  Notwithstanding subsections (1) and (2), a person may
1081	perform wrecker services or specialized wrecker services in this
1082	state if those wrecker services or specialized wrecker services
1083	are performed on behalf of a religious organization that holds a
1084	current exemption from federal taxation, or that is not required
1085	to apply for recognition of its exemption, under s. 501 of the
1086	Internal Revenue Code.
1087	(4)  The department may, at any time during business hours,
1088	enter any business location of a wrecker company and examine the
1089	company's books or records. If the department has reason to
1090	believe that a violation of this chapter has occurred or is
1091	occurring, the department may subpoena any necessary books or
1092	records.
1093	508.11  Renewal of certification; continuing education
1094	requirements.--
1095	(1)  The department, in consultation with the council,
1096	shall establish a continuing education program for the
1097	recertification of wrecker operators by December 31, 2007. In
1098	order to renew a wrecker operator's certification card, an
1099	operator must complete a continuing education course. The
1100	council must prescribe the minimum curricula and proper
1101	examination for each continuing education course, each of which
1102	must be at least 8 hours in length. The council shall approve
1103	each organization, and the continuing education course it
1104	proposes to offer, before the course is approved for
1105	recertifying wrecker operators.
1106	(2)  Each organization conducting an approved wrecker
1107	operator continuing education course must issue, on forms
1108	prescribed by the department, a certificate to each wrecker
1109	operator who completes the approved course or who passes an
1110	approved recertification examination.
1111	508.12  Prohibited acts.--It is a violation of this chapter
1112	for a person to:
1113	(1)  Charge rates that exceed the maximum rates imposed by
1114	the ordinances of the respective county or municipality under
1115	ss. 125.0103(1)(c) and 166.043(1)(c).
1116	(2)  Violate s. 321.051, relating to the Florida Highway
1117	Patrol wrecker allocation system.
1118	(3)  Violate s. 323.002, relating to county and municipal
1119	wrecker allocation systems.
1120	(4)  Violate s. 713.78, relating to liens for recovering,
1121	towing, or storing vehicles and vessels.
1122	(5)  Violate s. 715.07, relating to towing or removing
1123	vehicles and vessels parked on real property without permission.
1124	(6)  Refuse to allow a law enforcement officer to inspect a
1125	towing and storage facility, as required in s. 812.055.
1126	(7)  Allow a person who is not certified as a wrecker
1127	operator under this chapter to perform wrecker services or
1128	specialized wrecker services for the wrecker company for more
1129	than 6 months after first being employed by, or becoming an
1130	ultimate equitable owner of, the wrecker company.
1131	(8)  Allow a wrecker operator certified under this chapter
1132	to perform a specialized wrecker service for the wrecker company
1133	if the wrecker operator's certification does not include an
1134	endorsement for that specialized wrecker service.
1135	(9)  Perform an act otherwise prohibited by this chapter or
1136	fail to perform an act otherwise required by this chapter.
1137	508.13  Administrative penalties; inspection of records.--
1138	(1)  The department may order one or more of the following
1139	if the department finds that a person has violated this chapter
1140	or the rules or orders issued under this chapter:
1141	(a)  Issue a notice of noncompliance under s. 120.695.
1142	(b)  Impose an administrative fine not to exceed $5,000 for
1143	each act or omission.
1144	(c)  Direct the person to cease and desist specified
1145	activities.
1146	(d)  Refuse to register the wrecker company or suspend or
1147	revoke the wrecker company's registration.
1148	(e)  Place the wrecker company on probation for a period of
1149	time, subject to the conditions specified by the department.
1150	(2)  Chapter 120 shall govern an administrative proceeding
1151	resulting from an order imposing a penalty specified in
1152	subsection (1).
1153	508.14  Civil penalties.--The department may bring a civil
1154	action in a court of competent jurisdiction to recover any
1155	penalties or damages allowed in this chapter and for injunctive
1156	relief to enforce compliance with this chapter. The department
1157	may seek a civil penalty of up to $5,000 for each violation of
1158	this chapter and may seek restitution for and on behalf of any
1159	owner of a vehicle, vessel, or mobile home who is aggrieved or
1160	injured by a violation of this chapter.
1161	508.15  Criminal penalties.--Effective July 1, 2006:
1162	(1)  A person who violates s. 508.04(1) by operating a
1163	wrecker company in this state without being registered with the
1164	department under this chapter commits a felony of the third
1165	degree, punishable as provided in s. 775.082, s. 775.083, or s.
1166	775.084.
1167	(2)  A person who violates s. 508.10(1) by performing
1168	wrecker services in this state without being an employee or
1169	ultimate equitable owner of a wrecker company that is registered
1170	with the department under this chapter commits a felony of the
1171	third degree, punishable as provided in s. 775.082, s. 775.083,
1172	or s. 775.084.
1173	508.16  Fees.--The department shall adopt by rule a fee
1174	schedule, not to exceed the following amounts:
1175	(1)  Wrecker company registration fee: $515.
1176	(2)  Wrecker company registration renewal fee: $515.
1177	508.17  General Inspection Trust Fund; payments.--All fees,
1178	penalties, or other funds collected by the department under this
1179	chapter must be deposited in the General Inspection Trust Fund
1180	and may only be used for the purpose of administering this
1181	chapter.
1182	508.18  Recovery agents; exemption.--This chapter does not
1183	apply to a person licensed under chapter 493 performing
1184	repossession services.
1185	508.19  County and municipal ordinances.--A county or
1186	municipality may enact ordinances governing the business of
1187	transporting vehicles or vessels by wrecker which are more
1188	restrictive than this chapter. This section does not limit the
1189	authority of a political subdivision to impose regulatory fees
1190	or charges or to levy occupational license taxes under chapter
1191	205. The department may enter into a cooperative agreement with
1192	any county or municipality that provides for the referral,
1193	investigation, and prosecution of consumer complaints alleging
1194	violations of this act. The department is authorized to delegate
1195	enforcement of this act to any county or municipality entering
1196	into a cooperative agreement.
1197	508.20  Records.--
1198	(1)  Each wrecker company shall maintain records of its
1199	wrecker services for at least 12 months. These records shall be
1200	maintained at the wrecker company's principal place of business.
1201	(2)  Each wrecker company shall maintain records on each of
1202	its wrecker operators sufficient to demonstrate that the
1203	operator has successfully completed an approved wrecker operator
1204	certification course or an approved wrecker operator continuing
1205	education course and is certified to perform wrecker services.
1206	These records shall be maintained at the wrecker company's
1207	principal place of business for as long as the operator is
1208	employed by the wrecker company and for at least 6 months
1209	thereafter.
1210	(3)  Each organization approved to conduct a wrecker
1211	operator certification course or approved to offer a wrecker
1212	operator continuing education course shall maintain records on
1213	each person who successfully completes one of the courses. The
1214	records shall be maintained at the organization's principal
1215	place of business for at least 5 years. The department may, at
1216	any time during normal business hours, enter the organization's
1217	principal place of business to examine the records.
1218	Section 17.  Subsection (13) of section 713.78, Florida
1219	Statutes, is amended to read:
1220	713.78  Liens for recovering, towing, or storing vehicles
1221	and vessels.--
1222	(13)(a)  Upon receipt by the Department of Highway Safety
1223	and Motor Vehicles of written notice from a wrecker operator who
1224	claims a wrecker operator's lien under paragraph (2)(c) or
1225	paragraph (2)(d) for recovery, towing, or storage of an
1226	abandoned vehicle, vessel, or mobile home upon instructions from
1227	any law enforcement agency, for which a certificate of
1228	destruction has been issued under subsection (11), the
1229	department shall place the name of the registered owner of that
1230	vehicle, vessel, or mobile home on the list of those persons who
1231	may not be issued a license plate or revalidation sticker for
1232	any motor vehicle under s. 320.03(8). If the vehicle, vessel, or
1233	mobile home is owned jointly by more than one person, the name
1234	of each registered owner shall be placed on the list. The notice
1235	of wrecker operator's lien shall be submitted on forms provided
1236	by the department, which must include:
1237	1.  The name, address, and telephone number of the wrecker
1238	operator.
1239	2.  The name of the registered owner of the vehicle,
1240	vessel, or mobile home and the address to which the wrecker
1241	operator provided notice of the lien to the registered owner
1242	under subsection (4).
1243	3.  A general description of the vehicle, vessel, or mobile
1244	home, including its color, make, model, body style, and year.
1245	4.  The vehicle identification number (VIN); registration
1246	license plate number, state, and year; validation decal number,
1247	state, and year; mobile home sticker number, state, and year;
1248	vessel registration number; hull identification number; or other
1249	identification number, as applicable.
1250	5.  The name of the person or the corresponding law
1251	enforcement agency that requested that the vehicle, vessel, or
1252	mobile home be recovered, towed, or stored.
1253	6.  The amount of the wrecker operator's lien, not to
1254	exceed the amount allowed by paragraph (b).
1255	(b)  For purposes of this subsection only, the amount of
1256	the wrecker operator's lien for which the department will
1257	prevent issuance of a license plate or revalidation sticker may
1258	not exceed the amount of the charges for recovery, towing, and
1259	storage of the vehicle, vessel, or mobile home for 7 days. These
1260	charges may not exceed the maximum rates imposed by the
1261	ordinances of the respective county or municipality under ss.
1262	125.0103(1)(c) and 166.043(1)(c). This paragraph does not limit
1263	the amount of a wrecker operator's lien claimed under subsection
1264	(2) or prevent a wrecker operator from seeking civil remedies
1265	for enforcement of the entire amount of the lien, but limits
1266	only that portion of the lien for which the department will
1267	prevent issuance of a license plate or revalidation sticker.
1268	(c)1.  The registered owner of a vehicle, vessel, or mobile
1269	home may dispute a wrecker operator's lien, by notifying the
1270	department of the dispute in writing on forms provided by the
1271	department, if at least one of the following applies:
1272	a.  The registered owner presents a notarized bill of sale
1273	proving that the vehicle, vessel, or mobile home was sold in a
1274	private or casual sale before the vehicle, vessel, or mobile
1275	home was recovered, towed, or stored.
1276	b.  The registered owner presents proof that the Florida
1277	certificate of title of the vehicle, vessel, or mobile home was
1278	sold to a licensed dealer as defined in s. 319.001 before the
1279	vehicle, vessel, or mobile home was recovered, towed, or stored.
1280	c.  The records of the department were marked to indicate
1281	that the vehicle, vessel, or mobile home was sold before the
1282	issuance of the certificate of destruction under subsection
1283	(11).
1284
1285	If the registered owner's dispute of a wrecker operator's lien
1286	complies with one of these criteria, the department shall
1287	immediately remove the registered owner's name from the list of
1288	those persons who may not be issued a license plate or
1289	revalidation sticker for any motor vehicle under s. 320.03(8),
1290	thereby allowing issuance of a license plate or revalidation
1291	sticker. If the vehicle, vessel, or mobile home is owned jointly
1292	by more than one person, each registered owner must dispute the
1293	wrecker operator's lien in order to be removed from the list.
1294	However, the department shall deny any dispute and maintain the
1295	registered owner's name on the list of those persons who may not
1296	be issued a license plate or revalidation sticker for any motor
1297	vehicle under s. 320.03(8) if the wrecker operator has provided
1298	the department with a certified copy of the judgment of a court
1299	which orders the registered owner to pay the wrecker operator's
1300	lien claimed under this section. In such a case, the amount of
1301	the wrecker operator's lien allowed by paragraph (b) may be
1302	increased to include no more than $500 of the reasonable costs
1303	and attorney's fees incurred in obtaining the judgment. The
1304	department's action under this subparagraph is ministerial in
1305	nature, shall not be considered final agency action, and may be
1306	appealed is appealable only to the county court for the county
1307	in which the vehicle, vessel, or mobile home was ordered
1308	removed.
1309	2.  A person against whom a wrecker operator's lien has
1310	been imposed may alternatively obtain a discharge of the lien by
1311	filing a complaint, challenging the validity of the lien or the
1312	amount thereof, in the county court of the county in which the
1313	vehicle, vessel, or mobile home was ordered removed. Upon filing
1314	of the complaint, the person may have her or his name removed
1315	from the list of those persons who may not be issued a license
1316	plate or revalidation sticker for any motor vehicle under s.
1317	320.03(8), thereby allowing issuance of a license plate or
1318	revalidation sticker, upon posting with the court a cash or
1319	surety bond or other adequate security equal to the amount of
1320	the wrecker operator's lien to ensure the payment of such lien
1321	in the event she or he does not prevail. Upon the posting of the
1322	bond and the payment of the applicable fee set forth in s.
1323	28.24, the clerk of the court shall issue a certificate
1324	notifying the department of the posting of the bond and
1325	directing the department to release the wrecker operator's lien.
1326	Upon determining the respective rights of the parties, the court
1327	may award damages and costs in favor of the prevailing party.
1328	3.  If a person against whom a wrecker operator's lien has
1329	been imposed does not object to the lien, but cannot discharge
1330	the lien by payment because the wrecker operator has moved or
1331	gone out of business, the person may have her or his name
1332	removed from the list of those persons who may not be issued a
1333	license plate or revalidation sticker for any motor vehicle
1334	under s. 320.03(8), thereby allowing issuance of a license plate
1335	or revalidation sticker, upon posting with the clerk of court in
1336	the county in which the vehicle, vessel, or mobile home was
1337	ordered removed, a cash or surety bond or other adequate
1338	security equal to the amount of the wrecker operator's lien.
1339	Upon the posting of the bond and the payment of the application
1340	fee set forth in s. 28.24, the clerk of the court shall issue a
1341	certificate notifying the department of the posting of the bond
1342	and directing the department to release the wrecker operator's
1343	lien. The department shall mail to the wrecker operator, at the
1344	address upon the lien form, notice that the wrecker operator
1345	must claim the security within 60 days, or the security will be
1346	released back to the person who posted it. At the conclusion of
1347	the 60 days, the department shall direct the clerk as to which
1348	party is entitled to payment of the security, less applicable
1349	clerk's fees.
1350	4.  A wrecker operator's lien expires 5 years after filing.
1351	(d)  Upon discharge of the amount of the wrecker operator's
1352	lien allowed by paragraph (b), the wrecker operator must issue a
1353	certificate of discharged wrecker operator's lien on forms
1354	provided by the department to each registered owner of the
1355	vehicle, vessel, or mobile home attesting that the amount of the
1356	wrecker operator's lien allowed by paragraph (b) has been
1357	discharged. Upon presentation of the certificate of discharged
1358	wrecker operator's lien by the registered owner, the department
1359	shall immediately remove the registered owner's name from the
1360	list of those persons who may not be issued a license plate or
1361	revalidation sticker for any motor vehicle under s. 320.03(8),
1362	thereby allowing issuance of a license plate or revalidation
1363	sticker. Issuance of a certificate of discharged wrecker
1364	operator's lien under this paragraph does not discharge the
1365	entire amount of the wrecker operator's lien claimed under
1366	subsection (2), but only certifies to the department that the
1367	amount of the wrecker operator's lien allowed by paragraph (b),
1368	for which the department will prevent issuance of a license
1369	plate or revalidation sticker, has been discharged.
1370	(e)  When a wrecker operator files a notice of wrecker
1371	operator's lien under this subsection, the department shall
1372	charge the wrecker operator a fee of $2, which must shall be
1373	deposited into the General Revenue Fund established under s.
1374	860.158. A service charge of $2.50 shall be collected and
1375	retained by the tax collector who processes a notice of wrecker
1376	operator's lien.
1377	(f)  This subsection applies only to the annual renewal in
1378	the registered owner's birth month of a motor vehicle
1379	registration and does not apply to the transfer of a
1380	registration of a motor vehicle sold by a motor vehicle dealer
1381	licensed under chapter 320, except for the transfer of
1382	registrations which is inclusive of the annual renewals. This
1383	subsection does not apply to any vehicle registered in the name
1384	of a lessor. This subsection does not affect the issuance of the
1385	title to a motor vehicle, notwithstanding s. 319.23(7)(b).
1386	(g)  The Department of Highway Safety and Motor Vehicles
1387	may adopt rules under pursuant to ss. 120.536(1) and 120.54 to
1388	implement this subsection.
1389	Section 18.  Effective January 1, 2006, section 713.78,
1390	Florida Statutes, as amended by this act, is amended to read:
1391	713.78  Liens for recovering, towing, or storing vehicles
1392	and vessels.--
1393	(1)  As used in For the purposes of this section, the term:
1394	(a)  "Business day" means a day other than a Saturday,
1395	Sunday, or federal or state legal holiday.
1396	(b)  "Property owner" has the same meaning ascribed in s.
1397	715.07.
1398	(c)(a)  "Vehicle" has the same meaning ascribed in s.
1399	508.01 means any mobile item, whether motorized or not, which is
1400	mounted on wheels.
1401	(d)(b)  "Vessel" has the same meaning ascribed in s. 508.01
1402	means every description of watercraft, barge, and air boat used
1403	or capable of being used as a means of transportation on water,
1404	other than a seaplane or a "documented vessel" as defined in s.
1405	327.02(8).
1406	(e)(c)  "Wrecker" has the same meaning ascribed in s.
1407	320.01 means any truck or other vehicle which is used to tow,
1408	carry, or otherwise transport motor vehicles or vessels upon the
1409	streets and highways of this state and which is equipped for
1410	that purpose with a boom, winch, car carrier, or other similar
1411	equipment.
1412	(f)  "Wrecker company" has the same meaning ascribed in s.
1413	508.01.
1414	(g)  "Wrecker operator" has the same meaning ascribed in s.
1415	508.01.
1416	(2)  Whenever a wrecker company registered under chapter
1417	508 person regularly engaged in the business of transporting
1418	vehicles or vessels by wrecker, tow truck, or car carrier
1419	recovers, removes, or stores a vehicle or, vessel, or mobile
1420	home upon instructions from:
1421	(a)  The owner of the vehicle or vessel thereof; or
1422	(b)  The property owner or lessor, or a person authorized
1423	by the owner or lessor, of real property on which the such
1424	vehicle is wrongfully parked without permission, and the such
1425	removal is done in compliance with s. 715.07; or
1426	(c)  A Any law enforcement agency,; or
1427	(d)  A mobile home park owner as defined in s. 723.003 who
1428	has a current writ of possession for a mobile home lot pursuant
1429	to s. 723.061,
1430
1431	the wrecker company has she or he shall have a lien on the such
1432	vehicle or vessel for a reasonable towing fee and for a
1433	reasonable storage fee; except that a no storage fee may not
1434	shall be charged if a such vehicle or vessel is stored for less
1435	than 6 hours.
1436	(3)  This section does not authorize any person to claim a
1437	lien on a vehicle for fees or charges connected with the
1438	immobilization of a such vehicle using a vehicle boot or other
1439	similar device under pursuant to s. 715.07.
1440	(4)(a)  Any wrecker company that person regularly engaged
1441	in the business of recovering, towing, or storing vehicles or
1442	vessels who comes into possession of a vehicle or vessel under
1443	pursuant to subsection (2), and who claims a lien for recovery,
1444	towing, or storage services, must shall give notice to the
1445	registered owner, to the insurance company insuring the vehicle
1446	notwithstanding the provisions of s. 627.736, and to all persons
1447	claiming a lien on the vehicle or vessel thereon, as disclosed
1448	by the records in the Department of Highway Safety and Motor
1449	Vehicles or of a corresponding agency in any other state.
1450	(b)  Whenever a any law enforcement agency authorizes the
1451	removal of a vehicle, or whenever a wrecker company any towing
1452	service, garage, repair shop, or automotive service, storage, or
1453	parking place notifies the law enforcement agency of possession
1454	of a vehicle under pursuant to s. 715.07(2)(a)2., the applicable
1455	law enforcement agency shall contact the Department of Highway
1456	Safety and Motor Vehicles, or the appropriate agency of the
1457	state of registration, if known, within 24 hours through the
1458	medium of electronic communications, giving the full description
1459	of the vehicle. Upon receipt of the full description of the
1460	vehicle, the department shall search its files to determine the
1461	owner's name, the insurance company insuring the vehicle, and
1462	whether any person has filed a lien upon the vehicle as provided
1463	in s. 319.27(2) and (3) and notify the applicable law
1464	enforcement agency within 72 hours. The wrecker company person
1465	in charge of the towing service, garage, repair shop, or
1466	automotive service, storage, or parking place shall obtain this
1467	such information from the applicable law enforcement agency
1468	within 5 days after from the date of storage and must shall give
1469	notice under pursuant to paragraph (a). The department may
1470	release the insurance company information to the requestor
1471	notwithstanding the provisions of s. 627.736.
1472	(c)  Notice by certified mail, return receipt requested,
1473	must shall be sent within 7 business days after the date of
1474	storage of the vehicle or vessel to the registered owner, the
1475	insurance company insuring the vehicle notwithstanding the
1476	provisions of s. 627.736, and all persons of record claiming a
1477	lien against the vehicle or vessel. The notice must It shall
1478	state the fact of possession of the vehicle or vessel, that a
1479	lien as provided in subsection (2) is claimed, that charges have
1480	accrued and the amount of the charges thereof, that the lien is
1481	subject to enforcement under pursuant to law, and that the owner
1482	or lienholder, if any, has the right to a hearing as set forth
1483	in subsection (5), and that any vehicle or vessel which remains
1484	unclaimed, or for which the charges for recovery, towing, or
1485	storage services remain unpaid, may be sold free of all prior
1486	liens after 35 days if the vehicle or vessel is more than 3
1487	years of age or after 50 days if the vehicle or vessel is 3
1488	years of age or less.
1489	(d)  If the wrecker company is unable attempts to identify
1490	the name of locate the owner or lienholder prove unsuccessful,
1491	the wrecker company must towing-storage operator shall, after 7
1492	business working days following, excluding Saturday and Sunday,
1493	of the initial tow or storage, notify the public agency of
1494	jurisdiction in writing by certified mail or acknowledged hand
1495	delivery that the wrecker towing-storage company has been unable
1496	to identify the name of locate the owner or lienholder and a
1497	physical search of the vehicle or vessel has disclosed no
1498	ownership information and a good faith effort has been made. For
1499	purposes of this paragraph and subsection (9), the term "good
1500	faith effort" means that the following checks have been
1501	performed by the wrecker company to establish prior state of
1502	registration and for title:
1503	1.  Check of vehicle or vessel for any type of tag, tag
1504	record, temporary tag, or regular tag.
1505	2.  Check of law enforcement report for tag number or other
1506	information identifying the vehicle or vessel, if the vehicle or
1507	vessel was towed at the request of a law enforcement officer.
1508	3.  Check of trip sheet or tow ticket of the wrecker tow
1509	truck operator to see if a tag was on vehicle at beginning of
1510	tow, if private tow.
1511	4.  If there is no address of the owner on the impound
1512	report, check of law enforcement report to see if an out-of-
1513	state address is indicated from driver license information.
1514	5.  Check of vehicle or vessel for inspection sticker or
1515	other stickers and decals that may indicate a state of possible
1516	registration.
1517	6.  Check of the interior of the vehicle or vessel for any
1518	papers that may be in the glove box, trunk, or other areas for a
1519	state of registration.
1520	7.  Check of vehicle for vehicle identification number.
1521	8.  Check of vessel for vessel registration number.
1522	9.  Check of vessel hull for a hull identification number
1523	which should be carved, burned, stamped, embossed, or otherwise
1524	permanently affixed to the outboard side of the transom or, if
1525	there is no transom, to the outmost seaboard side at the end of
1526	the hull that bears the rudder or other steering mechanism.
1527	(5)(a)  The owner of a vehicle or vessel removed under
1528	pursuant to the provisions of subsection (2), or any person
1529	claiming a lien, other than the wrecker company towing-storage
1530	operator, within 10 days after the time she or he has knowledge
1531	of the location of the vehicle or vessel, may file a complaint
1532	in the county court of the county in which the vehicle or vessel
1533	is stored or in which the owner resides to determine if her or
1534	his property was wrongfully taken or withheld from her or him.
1535	(b)  Upon filing of a complaint, an owner or lienholder may
1536	have her or his vehicle or vessel released upon posting with the
1537	court a cash or surety bond or other adequate security equal to
1538	the amount of the charges for towing or storage and lot rental
1539	amount to ensure the payment of the such charges in the event
1540	she or he does not prevail. Upon the posting of the bond and the
1541	payment of the applicable fee set forth in s. 28.24, the clerk
1542	of the court shall issue a certificate notifying the lienor of
1543	the posting of the bond and directing the lienor to release the
1544	vehicle or vessel. At the time of the such release, after
1545	reasonable inspection, she or he shall give a receipt to the
1546	wrecker towing-storage company reciting any claims she or he has
1547	for loss or damage to the vehicle or vessel or to the contents
1548	of the vehicle or vessel thereof.
1549	(c)  Upon determining the respective rights of the parties,
1550	the court shall may award damages, and costs, and reasonable
1551	attorney's fees to in favor of the prevailing party. In any
1552	event, The final order must require shall provide for immediate
1553	payment in full of the recovery, towing, and storage fees by the
1554	vehicle or vessel owner or lienholder; by or the law enforcement
1555	agency ordering the tow; or by the property owner, lessee, or
1556	agent thereof of the real property from which the vehicle or
1557	vessel was towed or removed under s. 715.07.
1558	(6)  Any vehicle or vessel that which is stored under
1559	pursuant to subsection (2) and that which remains unclaimed, or
1560	for which reasonable charges for recovery, towing, or storing
1561	remain unpaid or for which a lot rental amount is due and owing
1562	to the mobile home park owner, as evidenced by a judgment for
1563	unpaid rent, and any contents not released under pursuant to
1564	subsection (10), may be sold by the wrecker company owner or
1565	operator of the storage space for the such towing or storage
1566	charge or unpaid lot rental amount after 35 days after from the
1567	time the vehicle or vessel is stored in the wrecker company's
1568	storage facility therein if the vehicle or vessel is more than 3
1569	years of age or after 50 days after following the time the
1570	vehicle or vessel is stored in the wrecker company's storage
1571	facility therein if the vehicle or vessel is 3 years of age or
1572	less. The sale must shall be at public auction for cash. If the
1573	date of the sale is was not included in the notice required in
1574	subsection (4), notice of the sale must shall be given to the
1575	person in whose name the vehicle or, vessel, or mobile home is
1576	registered, to the mobile home park owner, and to all persons
1577	claiming a lien on the vehicle or vessel as shown on the records
1578	of the Department of Highway Safety and Motor Vehicles or of the
1579	corresponding agency in any other state. Notice must shall be
1580	sent by certified mail, return receipt requested, to the owner
1581	of the vehicle or vessel and the person having the recorded lien
1582	on the vehicle or vessel at the address shown on the records of
1583	the registering agency and must shall be mailed at least not
1584	less than 15 days before the date of the sale. After diligent
1585	search and inquiry, if the name and address of the registered
1586	owner or the owner of the recorded lien cannot be ascertained,
1587	the requirements of notice by mail may be dispensed with. In
1588	addition to the notice by mail, public notice of the time and
1589	place of sale must shall be made by publishing a notice of the
1590	sale thereof one time, at least 10 days before prior to the date
1591	of the sale, in a newspaper of general circulation in the county
1592	in which the sale is to be held. The proceeds of the sale, after
1593	payment of reasonable towing and storage charges and, costs of
1594	the sale, and the unpaid lot rental amount, in that order of
1595	priority, must shall be deposited with the clerk of the circuit
1596	court for the county if the owner is absent, and the clerk shall
1597	hold the such proceeds subject to the claim of the person
1598	legally entitled to those proceeds thereto. The clerk is shall
1599	be entitled to receive 5 percent of the such proceeds for the
1600	care and disbursement of the proceeds thereof. The certificate
1601	of title issued under this section must law shall be discharged
1602	of all liens unless otherwise provided by court order.
1603	(7)(a)  A wrecker company, its wrecker operators, and other
1604	employees or agents of the wrecker company operator recovering,
1605	towing, or storing vehicles or vessels are is not liable for
1606	damages connected with those such services, theft of the such
1607	vehicles or vessels, or theft of personal property contained in
1608	the such vehicles or vessels, if those provided that such
1609	services are have been performed with reasonable care and if
1610	provided, further, that, in the case of removal of a vehicle or
1611	vessel upon the request of a person purporting, and reasonably
1612	appearing, to be the property owner or lessee, or a person
1613	authorized by the owner or lessee, of the real property from
1614	which the such vehicle or vessel is removed, the such removal
1615	has been done in compliance with s. 715.07. Further, a wrecker
1616	company, its wrecker operators, and other employees or agents of
1617	the wrecker company are operator is not liable for damage
1618	connected with those such services when complying with the
1619	lawful directions of a law enforcement officer to remove a
1620	vehicle stopped, standing, or parked upon a street or highway in
1621	such a position that obstructs as to obstruct the normal
1622	movement of traffic or that creates in such a condition as to
1623	create a hazard to other traffic upon the street or highway.
1624	(b)  Employees or authorized agents of an authorized or
1625	unauthorized wrecker company, as defined in s. 321.051 or s.
1626	323.002, may remove a vehicle or vehicle cargo from a public
1627	road without consent of the owner or operator of the vehicle or
1628	vehicle cargo upon request of a law enforcement officer as
1629	defined in s. 112.531, a sheriff or deputy sheriff as defined in
1630	s. 30.072, or a firefighter as defined in s. 112.81. The
1631	employee or authorized agent of the wrecker company, its wrecker
1632	operators, and other employees or agents of the wrecker company,
1633	the law enforcement officer, sheriff, or deputy sheriff, and the
1634	firefighters and emergency medical services providers are not
1635	liable for any property damages or claims of damage for the
1636	removal if the vehicle or vehicle cargo is removed because it
1637	presents an imminent public safety hazard.
1638	(c)(b)  For the purposes of this subsection, a wrecker
1639	company, its wrecker operators, and other employees or agents of
1640	the wrecker company are operator is presumed to use reasonable
1641	care to prevent the theft of a vehicle or vessel or of any
1642	personal property contained in the such vehicle stored in the
1643	wrecker company's operator's storage facility if all of the
1644	following apply:
1645	1.  The wrecker company operator surrounds the storage
1646	facility with a chain-link or solid-wall type fence at least 6
1647	feet in height;
1648	2.  The wrecker company illuminates operator has
1649	illuminated the storage facility with lighting of sufficient
1650	intensity to reveal persons and vehicles at a distance of at
1651	least 150 feet during nighttime; and
1652	3.  The wrecker company operator uses one or more of the
1653	following security methods to discourage theft of vehicles or
1654	vessels or of any personal property contained in such vehicles
1655	or vessels stored in the wrecker company's operator's storage
1656	facility:
1657	a.  A night dispatcher or watchman remains on duty at the
1658	storage facility from sunset to sunrise;
1659	b.  A security dog remains at the storage facility from
1660	sunset to sunrise;
1661	c.  Security cameras or other similar surveillance devices
1662	monitor the storage facility; or
1663	d.  A security guard service examines the storage facility
1664	at least once each hour from sunset to sunrise.
1665	(d)(c)  Any law enforcement agency requesting that a motor
1666	vehicle be removed from an accident scene, street, or highway
1667	must conduct an inventory and prepare a written record of all
1668	personal property found in the vehicle before the vehicle is
1669	removed by a wrecker operator. However, if the owner or driver
1670	of the motor vehicle is present and accompanies the vehicle, an
1671	no inventory by law enforcement is not required. A wrecker
1672	company, its wrecker operators, and other employees or agents of
1673	the wrecker company are operator is not liable for the loss of
1674	personal property alleged to be contained in such a vehicle when
1675	the such personal property was not identified on the inventory
1676	record prepared by the law enforcement agency requesting the
1677	removal of the vehicle.
1678	(8)  A wrecker company and its wrecker operators, excluding
1679	person regularly engaged in the business of recovering, towing,
1680	or storing vehicles or vessels, except a person licensed under
1681	chapter 493 while engaged in "repossession" activities as
1682	defined in s. 493.6101, may not operate a wrecker, tow truck, or
1683	car carrier unless the name, address, and telephone number of
1684	the wrecker company performing the wrecker services service is
1685	clearly printed in contrasting colors on the driver and
1686	passenger sides of the wrecker its vehicle. The name must be in
1687	at least 3-inch permanently affixed letters, and the address and
1688	telephone number must be in at least 1-inch permanently affixed
1689	letters.
1690	(9)  Failure to make good faith best efforts to comply with
1691	the notice requirements of this section precludes shall preclude
1692	the imposition of any storage charges against the such vehicle
1693	or vessel.
1694	(10)  Each wrecker company that provides Persons who
1695	provide services under pursuant to this section must shall
1696	permit vehicle or vessel owners or their agents, which agency is
1697	evidenced by a writing acknowledged by the owner before a notary
1698	public or other person empowered by law to administer oaths, to
1699	inspect the towed vehicle or vessel and must shall release to
1700	the owner or agent all personal property not affixed to the
1701	vehicle or vessel which was in the vehicle or vessel at the time
1702	the vehicle or vessel came into the custody of the wrecker
1703	company person providing those such services.
1704	(11)(a)  A wrecker company that Any person regularly
1705	engaged in the business of recovering, towing, or storing
1706	vehicles or vessels who comes into possession of a vehicle or
1707	vessel under pursuant to subsection (2) and that complies who
1708	has complied with the provisions of subsections (3) and (6),
1709	when the such vehicle or vessel is to be sold for purposes of
1710	being dismantled, destroyed, or changed in a such manner that it
1711	is not the motor vehicle or, vessel, or mobile home described in
1712	the certificate of title, must shall apply to the county tax
1713	collector for a certificate of destruction. A certificate of
1714	destruction, which authorizes the dismantling or destruction of
1715	the vehicle or vessel described on the certificate therein, is
1716	shall be reassignable no more than twice a maximum of two times
1717	before dismantling or destruction of the vehicle is shall be
1718	required, and the certificate must shall accompany the vehicle
1719	or vessel for which it is issued, when the such vehicle or
1720	vessel is sold for that purpose such purposes, in lieu of a
1721	certificate of title. The application for a certificate of
1722	destruction must include an affidavit from the applicant that it
1723	has complied with all applicable requirements of this section
1724	and, if the vehicle or vessel is not registered in this state,
1725	by a statement from a law enforcement officer that the vehicle
1726	or vessel is not reported stolen, and must also shall be
1727	accompanied by any other such documentation as may be required
1728	by the department.
1729	(b)  The Department of Highway Safety and Motor Vehicles
1730	shall charge a fee of $3 for each certificate of destruction.  A
1731	service charge of $4.25 shall be collected and retained by the
1732	tax collector who processes the application.
1733	(c)  The Department of Highway Safety and Motor Vehicles
1734	may adopt such rules to administer as it deems necessary or
1735	proper for the administration of this subsection.
1736	(12)(a)  Any person who violates any provision of
1737	subsection (1), subsection (2), subsection (4), subsection (5),
1738	subsection (6), or subsection (7) commits is guilty of a
1739	misdemeanor of the first degree, punishable as provided in s.
1740	775.082 or s. 775.083.
1741	(b)  Any person who violates the provisions of subsections
1742	(8) through (11) commits is guilty of a felony of the third
1743	degree, punishable as provided in s. 775.082, s. 775.083, or s.
1744	775.084.
1745	(c)  Any person who uses a false or fictitious name, gives
1746	a false or fictitious address, or makes any false statement in
1747	any application or affidavit required under the provisions of
1748	this section commits is guilty of a felony of the third degree,
1749	punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
1750	(d)  Employees of the Department of Highway Safety and
1751	Motor Vehicles and law enforcement officers may are authorized
1752	to inspect the records of each wrecker company in this state any
1753	person regularly engaged in the business of recovering, towing,
1754	or storing vehicles or vessels or transporting vehicles or
1755	vessels by wrecker, tow truck, or car carrier, to ensure
1756	compliance with the requirements of this section. Any person who
1757	fails to maintain records, or fails to produce records when
1758	required in a reasonable manner and at a reasonable time,
1759	commits a misdemeanor of the first degree, punishable as
1760	provided in s. 775.082 or s. 775.083.
1761	(13)(a)  Upon receipt by the Department of Highway Safety
1762	and Motor Vehicles of written notice from a wrecker company
1763	operator who claims a wrecker company's operator's lien under
1764	paragraph (2)(c) or paragraph (2)(d) for recovery, towing, or
1765	storage of an abandoned vehicle or, vessel, or mobile home upon
1766	instructions from any law enforcement agency, for which a
1767	certificate of destruction has been issued under subsection
1768	(11), the department shall place the name of the registered
1769	owner of that vehicle or, vessel, or mobile home on the list of
1770	those persons who may not be issued a license plate or
1771	revalidation sticker for any motor vehicle under s. 320.03(8).
1772	If the vehicle or, vessel, or mobile home is owned jointly by
1773	more than one person, the name of each registered owner shall be
1774	placed on the list. The notice of wrecker company's operator's
1775	lien shall be submitted on forms provided by the department,
1776	which must include:
1777	1.  The name, address, and telephone number of the wrecker
1778	company operator.
1779	2.  The name of the registered owner of the vehicle or,
1780	vessel, or mobile home and the address to which the wrecker
1781	company operator provided notice of the lien to the registered
1782	owner under subsection (4).
1783	3.  A general description of the vehicle or, vessel, or
1784	mobile home, including its color, make, model, body style, and
1785	year.
1786	4.  The vehicle identification number (VIN); registration
1787	license plate number, state, and year; validation decal number,
1788	state, and year; mobile home sticker number, state, and year;
1789	vessel registration number; hull identification number; or other
1790	identification number, as applicable.
1791	5.  The name of the person or the corresponding law
1792	enforcement agency that requested that the vehicle or, vessel,
1793	or mobile home be recovered, towed, or stored.
1794	6.  The amount of the wrecker company's operator's lien,
1795	not to exceed the amount allowed by paragraph (b).
1796	(b)  For purposes of this subsection only, the amount of
1797	the wrecker company's operator's lien for which the department
1798	will prevent issuance of a license plate or revalidation sticker
1799	may not exceed the amount of the charges for recovery, towing,
1800	and storage of the vehicle or, vessel, or mobile home for 7
1801	days. These charges may not exceed the maximum rates imposed by
1802	the ordinances of the respective county or municipality under
1803	ss. 125.0103(1)(c) and 166.043(1)(c). This paragraph does not
1804	limit the amount of a wrecker company's operator's lien claimed
1805	under subsection (2) or prevent a wrecker company operator from
1806	seeking civil remedies for enforcement of the entire amount of
1807	the lien, but limits only that portion of the lien for which the
1808	department will prevent issuance of a license plate or
1809	revalidation sticker.
1810	(c)1.  The registered owner of a vehicle, vessel, or mobile
1811	home may dispute a wrecker company's operator's lien, by
1812	notifying the department of the dispute in writing on forms
1813	provided by the department, if at least one of the following
1814	applies:
1815	a.  The registered owner presents a notarized bill of sale
1816	proving that the vehicle or, vessel, or mobile home was sold in
1817	a private or casual sale before the vehicle or, vessel, or
1818	mobile home was recovered, towed, or stored.
1819	b.  The registered owner presents proof that the Florida
1820	certificate of title of the vehicle or, vessel, or mobile home
1821	was sold to a licensed dealer as defined in s. 319.001 before
1822	the vehicle or, vessel, or mobile home was recovered, towed, or
1823	stored.
1824	c.  The records of the department were marked to indicate
1825	that the vehicle or, vessel, or mobile home was sold before the
1826	issuance of the certificate of destruction under subsection
1827	(11).
1828
1829	If the registered owner's dispute of a wrecker company's
1830	operator's lien complies with one of these criteria, the
1831	department shall immediately remove the registered owner's name
1832	from the list of those persons who may not be issued a license
1833	plate or revalidation sticker for any motor vehicle under s.
1834	320.03(8), thereby allowing issuance of a license plate or
1835	revalidation sticker. If the vehicle or, vessel, or mobile home
1836	is owned jointly by more than one person, each registered owner
1837	must dispute the wrecker company's operator's lien in order to
1838	be removed from the list. However, the department shall deny any
1839	dispute and maintain the registered owner's name on the list of
1840	those persons who may not be issued a license plate or
1841	revalidation sticker for any motor vehicle under s. 320.03(8) if
1842	the wrecker company operator has provided the department with a
1843	certified copy of the judgment of a court which orders the
1844	registered owner to pay the wrecker company's operator's lien
1845	claimed under this section. In such a case, the amount of the
1846	wrecker company's operator's lien allowed by paragraph (b) may
1847	be increased to include no more than $500 of the reasonable
1848	costs and attorney's fees incurred in obtaining the judgment.
1849	The department's action under this subparagraph is ministerial
1850	in nature, shall not be considered final agency action, and may
1851	be appealed only to the county court for the county in which the
1852	vehicle or, vessel, or mobile home was ordered removed.
1853	2.  A person against whom a wrecker company's operator's
1854	lien has been imposed may alternatively obtain a discharge of
1855	the lien by filing a complaint, challenging the validity of the
1856	lien or the amount thereof, in the county court of the county in
1857	which the vehicle or, vessel, or mobile home was ordered
1858	removed. Upon filing of the complaint, the person may have her
1859	or his name removed from the list of those persons who may not
1860	be issued a license plate or revalidation sticker for any motor
1861	vehicle under s. 320.03(8), thereby allowing issuance of a
1862	license plate or revalidation sticker, upon posting with the
1863	court a cash or surety bond or other adequate security equal to
1864	the amount of the wrecker company's operator's lien to ensure
1865	the payment of such lien in the event she or he does not
1866	prevail. Upon the posting of the bond and the payment of the
1867	applicable fee set forth in s. 28.24, the clerk of the court
1868	shall issue a certificate notifying the department of the
1869	posting of the bond and directing the department to release the
1870	wrecker company's operator's lien. Upon determining the
1871	respective rights of the parties, the court may award damages
1872	and costs in favor of the prevailing party.
1873	3.  If a person against whom a wrecker company's operator's
1874	lien has been imposed does not object to the lien, but cannot
1875	discharge the lien by payment because the wrecker company
1876	operator has moved or gone out of business, the person may have
1877	her or his name removed from the list of those persons who may
1878	not be issued a license plate or revalidation sticker for any
1879	motor vehicle under s. 320.03(8), thereby allowing issuance of a
1880	license plate or revalidation sticker, upon posting with the
1881	clerk of court in the county in which the vehicle or, vessel, or
1882	mobile home was ordered removed, a cash or surety bond or other
1883	adequate security equal to the amount of the wrecker company's
1884	operator's lien. Upon the posting of the bond and the payment of
1885	the application fee set forth in s. 28.24, the clerk of the
1886	court shall issue a certificate notifying the department of the
1887	posting of the bond and directing the department to release the
1888	wrecker company's operator's lien. The department shall mail to
1889	the wrecker company operator, at the address upon the lien form,
1890	notice that the wrecker company operator must claim the security
1891	within 60 days, or the security will be released back to the
1892	person who posted it. At the conclusion of the 60 days, the
1893	department shall direct the clerk as to which party is entitled
1894	to payment of the security, less applicable clerk's fees.
1895	4.  A wrecker company's operator's lien expires 5 years
1896	after filing.
1897	(d)  Upon discharge of the amount of the wrecker company's
1898	operator's lien allowed by paragraph (b), the wrecker company
1899	operator must issue a certificate of discharged wrecker
1900	company's operator's lien on forms provided by the department to
1901	each registered owner of the vehicle, vessel, or mobile home
1902	attesting that the amount of the wrecker company's operator's
1903	lien allowed by paragraph (b) has been discharged. Upon
1904	presentation of the certificate of discharged wrecker company's
1905	operator's lien by the registered owner, the department shall
1906	immediately remove the registered owner's name from the list of
1907	those persons who may not be issued a license plate or
1908	revalidation sticker for any motor vehicle under s. 320.03(8),
1909	thereby allowing issuance of a license plate or revalidation
1910	sticker. Issuance of a certificate of discharged wrecker
1911	company's operator's lien under this paragraph does not
1912	discharge the entire amount of the wrecker company's operator's
1913	lien claimed under subsection (2), but only certifies to the
1914	department that the amount of the wrecker company's operator's
1915	lien allowed by paragraph (b), for which the department will
1916	prevent issuance of a license plate or revalidation sticker, has
1917	been discharged.
1918	(e)  When a wrecker company operator files a notice of
1919	wrecker company's operator's lien under this subsection, the
1920	department shall charge the wrecker company operator a fee of
1921	$2, which must be deposited into the General Revenue Fund. A
1922	service charge of $2.50 shall be collected and retained by the
1923	tax collector who processes a notice of wrecker company's
1924	operator's lien.
1925	(f)  This subsection applies only to the annual renewal in
1926	the registered owner's birth month of a motor vehicle
1927	registration and does not apply to the transfer of a
1928	registration of a motor vehicle sold by a motor vehicle dealer
1929	licensed under chapter 320, except for the transfer of
1930	registrations which is inclusive of the annual renewals. This
1931	subsection does not apply to any vehicle registered in the name
1932	of a lessor. This subsection does not affect the issuance of the
1933	title to a motor vehicle, notwithstanding s. 319.23(7)(b).
1934	(g)  The Department of Highway Safety and Motor Vehicles
1935	may adopt rules under ss. 120.536(1) and 120.54 to implement
1936	this subsection.
1937	(14)  The amendments to this section made by this act do
1938	not affect the validity of liens established under this section
1939	before January 1, 2006.
1940	Section 19.  Effective January 1, 2006, section 713.785,
1941	Florida Statutes, is created to read:
1942	713.785  Liens for recovering, towing, or storing mobile
1943	homes.--
1944	(1)  As used in this section, the term:
1945	(a)  "Mobile home transport company" means a person
1946	regularly engaged in the business of transporting mobile homes.
1947	(b)  "Store" means a mobile home transport company has
1948	legal possession of a mobile home either on the mobile home
1949	transport company's property or on any other property.
1950	(c)  "Unpaid lot rental amount" or "rent" means any unpaid
1951	financial obligations of the mobile home owner or tenant to the
1952	mobile home park owner defined as lot rental amount in s.
1953	723.003 or rent in part II of chapter 83 and includes any
1954	amounts defined as storage charges in s. 723.084.
1955	(2)  If the mobile home transport company recovers,
1956	removes, or stores a mobile home upon instructions from:
1957	(a)  The owner of the mobile home;
1958	(b)  Any law enforcement agency; or
1959	(c)  A mobile home park owner as defined in s. 723.003 who
1960	has a current writ of possession for a mobile home lot under s.
1961	723.062 or s. 83.62,
1962
1963	the mobile home transport company has a lien on the mobile home
1964	for a reasonable towing fee and for a reasonable storage fee.
1965	(3)(a)  A mobile home transport company that comes into
1966	possession of a mobile home under subsection (2) and that claims
1967	a lien for recovery, towing, or storage services must give
1968	notice to the registered owner and to all persons claiming a
1969	lien on the mobile home, as disclosed by the records in the
1970	Department of Highway Safety and Motor Vehicles or of a
1971	corresponding agency in any other state.
1972	(b)  Notice by certified mail, return receipt requested,
1973	shall be sent within 7 business days after the date of storage
1974	of the mobile home to the registered owner at the owner's last
1975	known address and all persons of record claiming a lien against
1976	the mobile home. The notice shall state the fact of possession
1977	of the mobile home, that a lien as provided in subsection (2) is
1978	claimed, that charges have accrued and the amount thereof, that
1979	the lien is subject to enforcement under law and that the owner
1980	or lienholder, if any, has the right to a hearing as set forth
1981	in subsection (4), and that any mobile home which remains
1982	unclaimed, or for which charges remain unpaid, may be sold free
1983	of all prior liens after 35 days.
1984	(4)(a)  The owner of a mobile home stored under subsection
1985	(2), or any person claiming a lien of record, other than the
1986	mobile home transport company, within 10 days after the time she
1987	or he has knowledge of the location of the mobile home, may file
1988	a complaint in the court of the county in which the mobile home
1989	is stored to determine if her or his property was wrongfully
1990	taken or withheld from her or him.
1991	(b)  Upon filing of a complaint, an owner or lienholder may
1992	have the mobile home released upon posting with the court a cash
1993	or surety bond or other adequate security equal to the amount of
1994	the charges for towing or storage and lot rental amount due and
1995	owing at that time to ensure the payment of the charges in the
1996	event she or he does not prevail. Upon the posting of the bond
1997	and the payment of the applicable fee set forth in s. 28.24, the
1998	clerk of the court shall issue a certificate notifying the
1999	mobile home transport company of the posting of the bond and
2000	directing the mobile home transport company to release the
2001	mobile home. At the time of the release, after reasonable
2002	inspection, she or he shall give a receipt to the mobile home
2003	transport company citing any claims she or he has for loss or
2004	damage to the mobile home or the contents thereof.
2005	(c)  Upon determining the respective rights of the parties,
2006	the court may award damages and costs in favor of the prevailing
2007	party. The final order shall provide for immediate payment in
2008	full of any lien for recovery, towing, and storage fees and any
2009	unpaid lot rental amount accruing until the time the home is
2010	removed from the property by the mobile home owner or lienholder
2011	or the owner, lessee, or agent thereof of the property from
2012	which the mobile home was removed.
2013	(5)  A mobile home that is stored under subsection (2) and
2014	which remains unclaimed, or for which reasonable charges for
2015	recovery, towing, or storing remain unpaid or for which a lot
2016	rental amount is due and owing to the mobile home park owner as
2017	evidenced by a judgment for unpaid rent and any contents of the
2018	mobile home not released under subsection (9), may be sold by
2019	the mobile home transport company for the towing or storage
2020	charge and any unpaid lot rental amount 35 days after the mobile
2021	home is stored by a mobile home transport company. The sale
2022	shall be at public auction for cash. If the date of the sale was
2023	not included in the notice required by subsection (3), notice of
2024	the sale must be given to the person in whose name the mobile
2025	home is registered at her or his last known address, to the
2026	mobile home park owner, and to all persons claiming a lien on
2027	the mobile home as shown on the records of the Department of
2028	Highway Safety and Motor Vehicles or of the corresponding agency
2029	in any other state. Notice must be sent by certified mail,
2030	return receipt requested, at least 15 days before the date of
2031	the sale. After diligent search and inquiry, if the name and
2032	address of the registered owner or the owner of the recorded
2033	lien cannot be ascertained, the requirements of notice by mail
2034	may be dispensed with. In addition to the notice by mail, public
2035	notice of the time and place of sale must be made by publishing
2036	a notice of the sale one time, at least 10 days before the date
2037	of the sale, in a newspaper of general circulation in the county
2038	in which the sale is to be held. The proceeds of the sale, after
2039	payment of reasonable towing and storage charges, costs of the
2040	sale, and the unpaid lot rental amount, as evidenced by the
2041	judgment for unpaid lot rental amount and an affidavit executed
2042	by the mobile home park owner or the owner's agent establishing
2043	the amount of unpaid lot rental amount through the date of the
2044	sale, in that order of priority, must be deposited with the
2045	clerk of the circuit court for the county if the owner is
2046	absent, and the clerk shall hold the proceeds subject to the
2047	claim of the person legally entitled to those proceeds. The
2048	clerk is entitled to receive 5 percent of the proceeds for the
2049	care and disbursement of the proceeds. The certificate of title
2050	issued under this section shall be discharged of all liens
2051	unless otherwise provided by court order.
2052	(6)  The mobile home transport company, the landlord or his
2053	or her agent, or any subsequent purchaser for value are not
2054	responsible to the tenant or any other party for loss,
2055	destruction, or damage to the mobile home or other personal
2056	property after coming into possession of the mobile home under
2057	this section, provided the mobile home transport company, the
2058	landlord, or their agents use reasonable care in storing the
2059	mobile home. As used in this subsection, the term "reasonable
2060	care" means securing the mobile home by changing door locks, or
2061	any similar methods for securing the mobile home, in place in
2062	the mobile home park or in a separate storage area.
2063	(7)(a)  A mobile home transport company that comes into
2064	possession of a mobile home under subsection (2) and that
2065	complies with subsection (3), if the mobile home is to be sold
2066	for purposes of being dismantled, destroyed, or changed so that
2067	it is not the mobile home described in the certificate of title,
2068	must apply to the county tax collector for a certificate of
2069	destruction. A certificate of destruction, which authorizes the
2070	dismantling or destruction of the mobile home described in the
2071	certificate, is reassignable no more than twice before
2072	dismantling or destruction of the mobile home and the
2073	certificate must accompany the mobile home for which it is
2074	issued when the mobile home is sold for that purpose, in lieu of
2075	a certificate of title. The application for a certificate of
2076	destruction must include an affidavit from the applicant that it
2077	has complied with all applicable requirements of this section;
2078	must, if the mobile home is not registered in this state,
2079	include a statement from a law enforcement officer that the
2080	mobile home is not reported stolen; and shall be accompanied by
2081	any other documentation as may be required by the department.
2082	(b)  The Department of Highway Safety and Motor Vehicles
2083	shall charge a fee of $3 for each certificate of destruction.
2084	The tax collector who processes the application shall collect
2085	and retain a service charge of $4.25.
2086	(c)  The Department of Highway Safety and Motor Vehicles
2087	may adopt rules to administer this subsection.
2088	(d)  Employees of the Department of Highway Safety and
2089	Motor Vehicles and law enforcement officers may inspect the
2090	records of each mobile home transport company in this state to
2091	ensure compliance with this section.
2092	(8)(a)  Upon receipt by the Department of Highway Safety
2093	and Motor Vehicles of written notice from a mobile home
2094	transport company that claims a lien under paragraph (2)(b) or
2095	paragraph (2)(c) for recovery, towing, or storage of a mobile
2096	home for which a certificate of destruction has been issued
2097	under subsection (7), the department shall place the name of the
2098	registered owner of that mobile home on the list of those
2099	persons who may not be issued a revalidation sticker under s.
2100	320.03. If the mobile home is owned jointly by more than one
2101	person, the name of each registered owner must be placed on the
2102	list. The notice of a mobile home transport company's lien must
2103	be submitted on forms provided by the department, which must
2104	include:
2105	1.  The name, address, and telephone number of the mobile
2106	home transport company.
2107	2.  The name of the registered owner of the mobile home and
2108	the address to which the mobile home transport company provided
2109	notice of the lien to the registered owner under subsection (3).
2110	3.  A general description of the mobile home, including its
2111	color, make, model, body style, and year.
2112	4.  The mobile home sticker number, state, and year or
2113	other identification number, as applicable.
2114	5.  The name of the person or the corresponding law
2115	enforcement agency that requested that the mobile home be
2116	recovered, towed, or stored.
2117	6.  The amount of the lien, not to exceed the amount
2118	allowed by paragraph (b).
2119	(b)  For purposes of this subsection, the amount of the
2120	mobile home transport company's lien for which the department
2121	will prevent issuance of a revalidation sticker may not exceed
2122	the amount of the charges for recovery, towing, and storage of
2123	the mobile home for 7 days. These charges may not exceed the
2124	maximum rates imposed by the ordinances of the respective county
2125	or municipality under ss. 125.0103(1)(c) and 166.043(1)(c). This
2126	paragraph does not limit the amount of a mobile home transport
2127	company's lien claimed under subsection (2) or prevent a mobile
2128	home transport company from seeking civil remedies for
2129	enforcement of the entire amount of the lien, but limits only
2130	that portion of the lien for which the department will prevent
2131	issuance of a revalidation sticker.
2132	(c)1.  The registered owner of the mobile home may dispute
2133	the mobile home transport company's lien by notifying the
2134	department of the dispute in writing on forms provided by the
2135	department, if at least one of the following applies:
2136	a.  The registered owner presents a notarized bill of sale
2137	proving that the mobile home was sold in a private or casual
2138	sale before the mobile home was recovered, towed, or stored.
2139	b.  The registered owner presents proof that the Florida
2140	certificate of title of the mobile home was sold to a licensed
2141	dealer as defined in s. 319.001 before the mobile home was
2142	recovered, towed, or stored.
2143	c.  The records of the department were marked to indicate
2144	that the mobile home was sold before the issuance of the
2145	certificate of destruction under subsection (7).
2146
2147	If the registered owner's dispute of a mobile home transport
2148	company's lien complies with one of these criteria, the
2149	department shall immediately remove the registered owner's name
2150	from the list of those persons who may not be issued a
2151	revalidation sticker under s. 320.03. If the mobile home is
2152	owned jointly by more than one person, each registered owner
2153	must dispute the mobile home transport company's lien in order
2154	to be removed from the list. However, the department shall deny
2155	any dispute and maintain the registered owner's name on the list
2156	of those persons who may not be issued a revalidation sticker if
2157	the mobile home transport company has provided the department
2158	with a certified copy of the judgment of a court which orders
2159	the registered owner to pay the mobile home transport company's
2160	lien claimed under this section. In such a case, the amount of
2161	the mobile home transport company's lien allowed by paragraph
2162	(b) may be increased to include no more than $500 of the
2163	reasonable costs and attorney's fees incurred in obtaining the
2164	judgment. The department's action under this subparagraph is
2165	ministerial in nature, is not final agency action, and is
2166	appealable only to the county court for the county in which the
2167	mobile home was ordered removed.
2168	2.  A person against whom a mobile home transport company's
2169	lien has been imposed may alternatively obtain a discharge of
2170	the lien by filing a complaint challenging the validity of the
2171	lien or the amount thereof in the county court of the county in
2172	which the mobile home was ordered removed. Upon filing of the
2173	complaint, the person may have her or his name removed from the
2174	list of those persons who may not be issued a revalidation
2175	sticker for any mobile home under s. 320.03 upon posting with
2176	the court a cash or surety bond or other adequate security equal
2177	to the amount of the mobile home transport company's lien to
2178	ensure the payment of the lien in the event she or he does not
2179	prevail. Upon the posting of the bond and the payment of the
2180	applicable fee set forth in s. 28.24, the clerk of the court
2181	shall issue a certificate notifying the department of the
2182	posting of the bond and directing the department to release the
2183	mobile home transport company's lien. Upon determining the
2184	respective rights of the parties, the court may award damages
2185	and costs in favor of the prevailing party.
2186	3.  If a person against whom a mobile home transport
2187	company's lien has been imposed does not object to the lien, but
2188	cannot discharge the lien by payment because the mobile home
2189	transport company has moved or gone out of business, the person
2190	may have her or his name removed from the list of those persons
2191	who may not be issued a revalidation sticker under s. 320.03
2192	upon posting with the clerk of court in the county in which the
2193	mobile home was ordered removed a cash or surety bond or other
2194	adequate security equal to the amount of the mobile home
2195	transport company's lien. Upon the posting of the bond and the
2196	payment of the application fee set forth in s. 28.24, the clerk
2197	of the court shall issue a certificate notifying the department
2198	of the posting of the bond and directing the department to
2199	release the mobile home transport company's lien. The department
2200	shall mail to the mobile home transport company, at the address
2201	upon the lien form, notice that the mobile home transport
2202	company must claim the security within 60 days or the security
2203	will be released to the person who posted it. At the conclusion
2204	of the 60 days, the department shall direct the clerk as to
2205	which party is entitled to payment of the security, less
2206	applicable fees of the clerk.
2207	4.  A mobile home transport company's lien expires 5 years
2208	after filing.
2209	(d)  Upon discharge of the amount of the mobile home
2210	transport company's lien allowed under paragraph (b), the mobile
2211	home transport company must issue a certificate of discharged
2212	lien on a form provided by the department to each registered
2213	owner of the mobile home attesting that the amount of the mobile
2214	home transport company's lien allowed under paragraph (b) has
2215	been discharged. Upon presentation of the certificate of
2216	discharged lien by the registered owner, the department shall
2217	immediately remove the registered owner's name from the list of
2218	those persons who may not be issued a revalidation sticker under
2219	s. 320.03. Issuance of a certificate of discharged lien under
2220	this paragraph does not discharge the entire amount of the
2221	mobile home transport company's lien claimed under subsection
2222	(2), but certifies to the department only that the amount of the
2223	mobile home transport company's lien allowed by paragraph (b),
2224	for which the department will prevent issuance of a revalidation
2225	sticker, has been discharged.
2226	(e)  When a mobile home transport company files a notice of
2227	lien under this subsection, the department shall charge the
2228	mobile home transport company a fee of $2, which must be
2229	deposited into the General Revenue Fund. The tax collector who
2230	processes a notice of lien shall collect and retain a service
2231	charge of $2.50.
2232	(f)  The Department of Highway Safety and Motor Vehicles
2233	may adopt rules to administer this subsection.
2234	(9)  Persons who provide services under this section shall
2235	permit a mobile home owner or her or his agent, whose agency is
2236	evidenced by a writing acknowledged by the owner before a notary
2237	public or other person empowered by law to administer oaths, to
2238	inspect the mobile home and shall release to the owner or agent
2239	all personal property not affixed to the mobile home, provided
2240	there exists no landlord's lien for rent under s. 713.691 or s.
2241	713.77.
2242	(10)  Any person who violates subsection (3), subsection
2243	(5), subsection (6), subsection (7), or subsection (9) commits a
2244	misdemeanor of the first degree, punishable as provided in s.
2245	775.082 or s. 775.083.
2246	Section 20.  Paragraph (a) of subsection (1) of section
2247	319.30, Florida Statutes, is amended to read:
2248	319.30  Definitions; dismantling, destruction, change of
2249	identity of motor vehicle or mobile home; salvage.--
2250	(1)  As used in this section, the term:
2251	(a)  "Certificate of destruction" means the certificate
2252	issued pursuant to s. 713.78(11) or s. 713.785(7)(a).
2253	Section 21.  Effective January 1, 2006, section 715.07,
2254	Florida Statutes, is amended to read:
2255	715.07  Vehicles and vessels parked on real private
2256	property without permission; towing.--
2257	(1)  As used in this section, the term:
2258	(a)  "Property owner" means an owner or lessee of real
2259	property, or a person authorized by the owner or lessee, which
2260	person may be the designated representative of the condominium
2261	association if the real property is a condominium.
2262	(b)  "Vehicle" has the same meaning ascribed in s. 508.01
2263	means any mobile item which normally uses wheels, whether
2264	motorized or not.
2265	(c)  "Vessel" has the same meaning ascribed in s. 508.01.
2266	(d)  "Wrecker company" has the same meaning ascribed in s.
2267	508.01.
2268	(e)  "Wrecker operator" has the same meaning ascribed in s.
2269	508.01.
2270	(2)  A property owner The owner or lessee of real property,
2271	or any person authorized by the owner or lessee, which person
2272	may be the designated representative of the condominium
2273	association if the real property is a condominium, may cause a
2274	any vehicle or vessel parked on her or his such property without
2275	her or his permission to be removed by a wrecker company
2276	registered under chapter 508 person regularly engaged in the
2277	business of towing vehicles, without liability for the costs of
2278	removal, transportation, or storage or damages caused by the
2279	such removal, transportation, or storage, under any of the
2280	following circumstances:
2281	(a)  The towing or removal of any vehicle or vessel from
2282	real private property without the consent of the registered
2283	owner or other legally authorized person in control of that
2284	vehicle or vessel is subject to strict compliance with the
2285	following conditions and restrictions:
2286	1.a.  Any towed or removed vehicle or vessel must be stored
2287	at a storage facility site within a 10-mile radius 10 miles of
2288	the point of removal in any county of 500,000 population or
2289	more, and within a 15-mile radius 15 miles of the point of
2290	removal in any county of less than 500,000 population. The
2291	wrecker company's storage facility That site must be open for
2292	the purpose of redemption of vehicles and vessels on any day
2293	that the wrecker company person or firm towing the such vehicle
2294	or vessel is open for towing purposes, from 8 8:00 a.m. to 6
2295	6:00 p.m., and, when closed, must shall have prominently posted
2296	a sign indicating a telephone number where the operator of the
2297	storage facility site can be reached at all times. Upon receipt
2298	of a telephoned request to open the storage facility site to
2299	redeem a vehicle or vessel, the operator shall return to the
2300	storage facility site within 1 hour or she or he is will be in
2301	violation of this section.
2302	b.  If a wrecker company no towing business providing such
2303	service is not located within the area of towing limitations set
2304	forth in sub-subparagraph a., the following limitations apply:
2305	any towed or removed vehicle or vessel must be stored at a
2306	storage facility site within a 20-mile radius 20 miles of the
2307	point of removal in any county of 500,000 population or more,
2308	and within a 30-mile radius 30 miles of the point of removal in
2309	any county of less than 500,000 population.
2310	2.  The wrecker company person or firm towing or removing
2311	the vehicle or vessel must shall, within 30 minutes after of
2312	completion of that such towing or removal, notify the municipal
2313	police department or, in an unincorporated area, the sheriff of
2314	that such towing or removal;, the location of the storage
2315	facility; site, the time the vehicle or vessel was towed or
2316	removed;, and the make, model, color, and license plate number
2317	of the vehicle or the make, model, color, and registration
2318	number of the vessel. The wrecker company must also and shall
2319	obtain the name of the person at that department to whom this
2320	such information is was reported and note that name on the trip
2321	record.
2322	3.  If the registered owner or other legally authorized
2323	person in control of the vehicle or vessel arrives at the scene
2324	before prior to removal or towing of the vehicle or vessel is
2325	towed or removed, the wrecker company must disconnect the
2326	vehicle or vessel shall be disconnected from the wrecker towing
2327	or removal apparatus, and must allow that person shall be
2328	allowed to remove the vehicle or vessel without interference
2329	upon the payment of a reasonable service fee of not more than
2330	one-half of the posted rate for those services such towing
2331	service as provided in subparagraph 6., for which a receipt
2332	shall be given, unless that person refuses to remove the vehicle
2333	or vessel that which is otherwise unlawfully parked or located.
2334	4.  A wrecker company, a wrecker operator, or another
2335	employee or agent of a wrecker company may not give a The rebate
2336	or pay payment of money or any other valuable consideration from
2337	the individual or firm towing or removing vehicles to the
2338	property owner owners or operators of the premises from which a
2339	vehicle or vessel is the vehicles are towed or removed, for the
2340	privilege of removing or towing the vehicle or vessel those
2341	vehicles, is prohibited. A property owner may not solicit a
2342	wrecker company, a wrecker operator, or another employee or
2343	agent of a wrecker company to give him or her a rebate or the
2344	payment of money or other valuable consideration for the
2345	privilege of removing or towing a vehicle from his or her
2346	premises.
2347	5.  Except for property appurtenant to and obviously a part
2348	of a single-family residence, and except for instances when
2349	notice is personally given to the owner or other legally
2350	authorized person in control of the vehicle or vessel that the
2351	area in which that vehicle or vessel is parked is reserved or
2352	otherwise unavailable for unauthorized vehicles or vessels and
2353	subject to being removed at the owner's or operator's expense,
2354	any property owner or lessee, or person authorized by the
2355	property owner or lessee, before prior to towing or removing any
2356	vehicle or vessel from real private property without the consent
2357	of the owner or other legally authorized person in control of
2358	that vehicle or vessel, must post a notice meeting the following
2359	requirements:
2360	a.  The notice must be prominently placed at each driveway
2361	access or curb cut allowing vehicular access to the property,
2362	within 5 feet from the public right-of-way line. If there are no
2363	curbs or access barriers, the signs must be posted not less than
2364	one sign for each 25 feet of lot frontage.
2365	b.  The notice must clearly indicate, in not less than 2-
2366	inch high, light-reflective letters on a contrasting background,
2367	that unauthorized vehicles will be towed away at the owner's
2368	expense. The words "tow-away zone" must be included on the sign
2369	in not less than 4-inch high letters.
2370	c.  The notice must also provide the name and current
2371	telephone number of the wrecker company person or firm towing or
2372	removing the vehicles, if the property owner, lessee, or person
2373	in control of the real property has a written contract with the
2374	wrecker towing company.
2375	d.  The sign structure containing the required notices must
2376	be permanently installed with the words "tow-away zone" not less
2377	than 3 feet and not more than 6 feet above ground level and must
2378	be continuously maintained on the property for not less than 24
2379	hours prior to the towing or removal of any vehicles.
2380	e.  The local government may require permitting and
2381	inspection of these signs prior to any towing or removal of
2382	vehicles being authorized.
2383	f.  A business with 20 or fewer parking spaces satisfies
2384	the notice requirements of this subparagraph by prominently
2385	displaying a sign stating "Reserved Parking for Customers Only
2386	Unauthorized Vehicles Will be Towed Away At the Owner's Expense"
2387	in not less than 4-inch high, light-reflective letters on a
2388	contrasting background.
2389	g.  A property owner towing or removing vessels from real
2390	property must post notice, consistent with the requirements in
2391	sub-subparagraphs a.-f. which apply to vehicles, that
2392	unauthorized vehicles or vessels will be towed away at the
2393	owner's expense.
2394
2395	A business owner or lessee may authorize the removal of a
2396	vehicle or vessel by a wrecker towing company registered under
2397	chapter 508 when the vehicle or vessel is parked in such a
2398	manner that restricts the normal operation of business; and, if
2399	a vehicle or vessel parked on a public right-of-way obstructs
2400	access to a private driveway, the owner, lessee, or agent may
2401	have the vehicle or vessel removed by a wrecker towing company
2402	registered under chapter 508 upon signing an order that the
2403	vehicle or vessel be removed without a posted tow-away zone
2404	sign.
2405	6.  Each wrecker company Any person or firm that tows or
2406	removes vehicles or vessels and proposes to require an owner,
2407	operator, or person in control of a vehicle or vessel to pay the
2408	costs of towing and storage prior to redemption of the vehicle
2409	or vessel must file and keep on record with the local law
2410	enforcement agency a complete copy of the current rates to be
2411	charged for those such services and post at the wrecker
2412	company's storage facility site an identical rate schedule and
2413	any written contracts with property owners, lessees, or persons
2414	in control of real property which authorize the wrecker company
2415	such person or firm to remove vehicles or vessels as provided in
2416	this section.
2417	7.  Each wrecker company Any person or firm towing or
2418	removing any vehicles or vessels from real private property
2419	without the consent of the owner or other legally authorized
2420	person in control of the vehicles or vessels must shall, on each
2421	wrecker any trucks, wreckers as defined in s. 320.01 s.
2422	713.78(1)(c), or other vehicles used in the towing or removal,
2423	have the name, address, and telephone number of the wrecker
2424	company performing such service clearly printed in contrasting
2425	colors on the driver and passenger sides of the wrecker vehicle.
2426	The name must shall be in at least 3-inch permanently affixed
2427	letters, and the address and telephone number must shall be in
2428	at least 1-inch permanently affixed letters.
2429	8.  Vehicle or vessel entry for the purpose of towing or
2430	removing the vehicle or vessel is shall be allowed with
2431	reasonable care by on the part of the wrecker company and the
2432	wrecker operators person or firm towing the vehicle or vessel
2433	for the wrecker company. A wrecker company, its wrecker
2434	operators, and other employees or agents of the wrecker company
2435	are not Such person or firm shall be liable for any damage
2436	occasioned to the vehicle or vessel if such entry to the vehicle
2437	or vessel is performed not in accordance with the standard of
2438	reasonable care.
2439	9.  When a vehicle or vessel is has been towed or removed
2440	under pursuant to this section, the wrecker company it must
2441	release the vehicle or vessel be released to its owner or
2442	custodian within one hour after requested. Any vehicle or vessel
2443	owner, custodian, or agent has shall have the right to inspect
2444	the vehicle or vessel before accepting its return. A wrecker
2445	company may not require any vehicle or vessel owner, custodian,
2446	or agent to, and no release the wrecker company or waiver of any
2447	kind which would release the person or firm towing the vehicle
2448	or vessel from liability for damages noted by the owner or other
2449	legally authorized person at the time of the redemption may be
2450	required from any vehicle owner, custodian, or agent as a
2451	condition of release of the vehicle or vessel to its owner. A
2452	wrecker company must give a person paying towing and storage
2453	charges under this section a detailed, signed receipt showing
2454	the legal name of the wrecker company or person towing or
2455	removing the vehicle must be given to the person paying towing
2456	or storage charges at the time of payment, whether requested or
2457	not.
2458	(b)  These requirements are shall be the minimum standards
2459	and do shall not preclude enactment of additional regulations by
2460	any municipality or county, including the regulation of right to
2461	regulate rates when vehicles or vessels are towed from real
2462	private property.
2463	(3)  This section does not apply to vehicles or vessels
2464	that are reasonably identifiable from markings as law
2465	enforcement, firefighting, rescue squad, ambulance, or other
2466	emergency vehicles or vessels which are marked as such or to
2467	property owned by any governmental entity.
2468	(4)  When a person improperly causes a vehicle or vessel to
2469	be removed, that such person is shall be liable to the owner or
2470	lessee of the vehicle or vessel for the cost of removal,
2471	transportation, and storage; any damages resulting from the
2472	removal, transportation, or storage of the vehicle or vessel;
2473	attorneys' fees; and court costs.
2474	(5)  Failure to make good-faith efforts to comply with the
2475	notice requirements in subparagraph (2)(a)5. precludes the
2476	imposition of any towing or storage charges against the vehicle
2477	or vessel.
2478	(6)(5)(a)  Any person who violates the provisions of
2479	subparagraph (2)(a)2. or subparagraph (2)(a)6. commits is guilty
2480	of a misdemeanor of the first degree, punishable as provided in
2481	s. 775.082 or s. 775.083.
2482	(b)  Any person who violates the provisions of subparagraph
2483	(2)(a)1., subparagraph (2)(a)3., subparagraph (2)(a)4.,
2484	subparagraph (2)(a)7., or subparagraph (2)(a)9. commits is
2485	guilty of a felony of the third degree, punishable as provided
2486	in s. 775.082, s. 775.083, or s. 775.084.
2487	Section 22.  Effective January 1, 2006, subsection (15) of
2488	section 1.01, Florida Statutes, is repealed.
2489	Section 23.  The sum of $693,000 is appropriated from the
2490	General Inspection Trust Fund to the Department of Agriculture
2491	and Consumer Services, and 10 additional full-time-equivalent
2492	positions are authorized, for the purpose of implementing this
2493	act during the 2005-2006 fiscal year.
2494	Section 24.  Except as otherwise expressly provided in this
2495	act, this act shall take effect July 1, 2005.

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