HB 341

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

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