Florida Senate - 2007 COMMITTEE AMENDMENT
Bill No. CS for SB 612
Barcode 352792
CHAMBER ACTION
Senate House
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04/27/2007 12:38 PM .
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11 The Committee on General Government Appropriations (Bennett)
12 recommended the following amendment:
13
14 Senate Amendment (with title amendment)
15 Delete everything after the enacting clause
16
17 and insert:
18 Section 1. Chapter 508, Florida Statutes, consisting
19 of sections 508.101, 508.102, 508.103, 508.105, 508.106,
20 508.1061, 508.107, 508.108, 508.109, 508.110, 508.111,
21 508.112, 508.113, and 508.114, is created to read:
22 CHAPTER 508
23 WRECKER SERVICES
24 508.101 Definitions.--As used in this chapter, the
25 term:
26 (1) "Business entity" means any form of corporation,
27 limited liability company, partnership, association,
28 cooperative, joint venture, business trust, sole
29 proprietorship, or self-employed person conducting business in
30 this state.
31 (2) "Council" means the Wrecker Operator Advisory
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1 Council.
2 (3) "Department" means the Department of Agriculture
3 and Consumer Services.
4 (4) "Ultimate equitable owner" means a natural person
5 who, directly or indirectly, owns or controls 10 percent or
6 more of an ownership interest in a wrecker company, regardless
7 of whether the natural person owns or controls the ownership
8 interest through one or more natural persons or one or more
9 proxies, powers of attorney, nominees, business entities, or
10 any combination thereof.
11 (5) "Vehicle" means any vehicle of a type that may be
12 registered under chapter 320 for operation on the roads of
13 this state, regardless of whether the vehicle is actually
14 registered. The term does not include a mobile home or
15 manufactured home as defined in s. 320.01.
16 (6) "Vessel" means any type of watercraft, barge, or
17 airboat, however described, used or capable of being used as a
18 means of transportation on water, other than a seaplane or a
19 documented vessel as defined in s. 327.02.
20 (7) "Wrecker" has the same meaning ascribed in s.
21 320.01.
22 (8) "Wrecker company" means a business entity engaged
23 for hire in the business of towing, carrying, or transporting
24 vehicles or vessels by wrecker upon the streets and highways
25 of this state. The term does not include a person regularly
26 engaged in the business of transporting mobile homes.
27 (9) "Wrecker operator" means a person who performs
28 wrecker services.
29 (10) "Wrecker services" means towing, carrying, or
30 otherwise transporting vehicles or vessels by wrecker upon the
31 streets and highways of this state for hire. The term
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Florida Senate - 2007 COMMITTEE AMENDMENT
Bill No. CS for SB 612
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1 includes, but is not limited to, each of the following:
2 (a) Driving a wrecker.
3 (b) Loading, securing, and unloading a vehicle or
4 vessel on a wrecker using a boom, winch, car carrier, or other
5 similar equipment.
6 (c) Towing or removal of a wrecked, disabled, or
7 abandoned vehicle under the Florida Highway Patrol wrecker
8 allocation system pursuant to s. 321.051 or under a county or
9 municipal wrecker allocation system pursuant to s. 323.002.
10 (d) Towing, recovery, or removal of a vehicle or
11 vessel under s. 713.78.
12 (e) Towing, transportation, or removal of a vehicle or
13 vessel parked on real property without permission under s.
14 715.07.
15 (f) Recovery of a vehicle or vessel.
16 508.102 Wrecker Operator Advisory Council.--
17 (1) The Wrecker Operator Advisory Council is created
18 within the department. The council shall advise and assist the
19 department in administering this chapter.
20 (2) The council shall prepare recommendations
21 regarding the need for a wrecker operator certification
22 program and establishment of educational and training
23 requirements for wrecker operators should such a certification
24 program be deemed necessary. The council shall present its
25 recommendations to the President of the Senate, the Speaker of
26 the House of Representatives, and the Commissioner of
27 Agriculture by January 31, 2008.
28 (3)(a) The council shall be composed of five members
29 appointed by the Commissioner of Agriculture.
30 (b) One member of the council must be a wrecker
31 company owner-operator, one member must be a consumer, one
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1 member must be an owner of a wrecker company with 10 or more
2 employees, one member must be an owner of a wrecker company
3 with fewer than 10 employees, and one member must be a
4 community college staff person with expertise in and
5 responsibility for establishing and implementing continuing
6 education programs. Each member must be a resident of this
7 state.
8 (c) The term of each member of the council is 4 years,
9 except, to establish staggered terms, the owner-operator
10 member, the consumer member, and the community college staff
11 member shall be appointed initially for terms of 2 years each.
12 Members may be reappointed for additional terms not to exceed
13 8 years of consecutive service. A vacancy shall be filled for
14 the remainder of the unexpired term in the same manner as the
15 original appointment.
16 (4)(a) From among its members, the council shall
17 annually elect a chair, who shall preside over the meetings of
18 the council, and a vice chair.
19 (b) In conducting its meetings, the council shall use
20 accepted rules of procedure. The department shall keep a
21 complete record of each meeting showing the names of members
22 present and the actions taken. These records and other
23 documents regarding matters within the jurisdiction of the
24 council must be kept on file with the department.
25 (5) The members of the council shall serve without
26 compensation but are entitled to reimbursement of travel and
27 per diem expenses under s. 112.061.
28 (6) The department shall provide administrative and
29 staff support services relating to the functions of the
30 council.
31 (7) The council shall review the rules adopted by the
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1 department to administer this chapter and shall advise the
2 department on matters relating to industry standards and
3 practices and other issues that require technical expertise
4 and consultation or that promote better consumer protection in
5 the wrecker industry.
6 508.103 Rulemaking authority.--The department may
7 adopt rules under ss. 120.536(1) and 120.54 to administer this
8 chapter.
9 508.105 Registration requirements; renewal of
10 registrations.--
11 (1) Each wrecker company engaged or attempting to
12 engage for hire in the business of towing, carrying, or
13 transporting vehicles or vessels by wrecker upon the streets
14 and highways of this state must annually register with the
15 department on forms prescribed by the department. The
16 application for registration must include at least the
17 following information:
18 (a) The name and federal employer identification
19 number of the wrecker company.
20 (b) The mailing address, physical address, and
21 telephone number of the wrecker company's primary place of
22 business.
23 (c) The fictitious name under which the wrecker
24 company transacts business in this state.
25 (d) The full name, residence address, business
26 address, and telephone number of the applicant. If the
27 applicant is other than a natural person, the application must
28 also contain the full name, residence address, business
29 address, telephone number, and federal employer identification
30 number, if applicable, of each ultimate equitable owner of the
31 business entity and each officer, director, partner, manager,
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1 member, or managing member of the entity.
2 (e) If the applicant is other than a natural person,
3 the full name of the business entity's registered agent and
4 the address of the registered office for service of process.
5 (f) The physical address and telephone number of each
6 business location and each storage facility where the wrecker
7 company stores towed vehicles or vessels.
8 (2) Each initial and renewal application for
9 registration must be accompanied by the registration fee
10 prescribed in s. 508.110.
11 (3) Each initial application for registration must be
12 accompanied by a complete set of the applicant's fingerprints
13 taken by a law enforcement agency. If the applicant is other
14 than a natural person, a complete set of fingerprints must be
15 filed for each ultimate equitable owner of the business entity
16 and each officer, director, partner, manager, member, or
17 managing member of the entity. The department shall submit the
18 fingerprints to the Department of Law Enforcement for state
19 processing, and the Department of Law Enforcement shall
20 forward the fingerprints to the Federal Bureau of
21 Investigation for national processing. The Department of
22 Agriculture and Consumer Services shall collect from each
23 applicant the fingerprint processing fee of $23 for state
24 processing and an additional fee for national processing for
25 each applicant submitted. The department shall screen
26 background results to determine whether the applicant meets
27 the requirements for issuance of a registration certificate.
28 Registration renewal applications need not be accompanied by a
29 set of fingerprints for an individual who previously submitted
30 a set of fingerprints to the department as part of a prior
31 year's registration application.
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1 (4) The department shall review each application in
2 accordance with s. 120.60 and shall issue a registration
3 certificate, in the form and size prescribed by the
4 department, to each wrecker company whose application is
5 approved. The certificate must show at least the name and
6 address of the wrecker company and the registration number.
7 The registration certificate must be prominently displayed in
8 the wrecker company's primary place of business.
9 (5) Each advertisement of a wrecker company must
10 include the phrase "Fla. Wrecker Co. Reg. No. ." For the
11 purpose of this subsection, the term "advertisement" means
12 a printed or graphic statement made in a newspaper or other
13 publication or contained in any notice, handbill, or sign,
14 including signage on a vehicle, flyer, catalog, or letter.
15 (6) A registration is invalid for a wrecker company
16 transacting business at a place other than the location
17 specified in the registration application unless the
18 department is first notified in writing before the change of
19 location. A registration issued under this chapter is not
20 transferable or assignable, and a wrecker company may not
21 conduct business under a name other than the name registered.
22 A wrecker company desiring to change its registered name,
23 location, or registered agent for service of process at a time
24 other than upon renewal of registration must notify the
25 department of the change.
26 (7)(a) Each registration must be renewed annually on
27 or before the expiration date of the current registration. A
28 late fee of $25 must be paid, in addition to the registration
29 fee or any other penalty, for a registration renewal
30 application that is received by the department after the
31 expiration date of the current registration. The department
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1 may not issue a registration until all fees are paid.
2 (b) A wrecker company whose primary place of business
3 is located within a county or municipality that requires, by
4 local ordinance, a local business tax receipt under chapter
5 205 may not renew a registration under this chapter unless the
6 wrecker company obtains the business tax receipt from the
7 county or municipality.
8 (8) Each wrecker company must provide the department
9 with a certificate of insurance for the insurance coverage
10 required under s. 627.7415 before the department may issue the
11 certificate for an initial or renewal registration. The
12 department must be named as a certificateholder on the
13 insurance certificate and must be notified at least 30 days
14 before any change in insurance coverage.
15 (9) The department shall notify the Department of
16 Highway Safety and Motor Vehicles when a registration issued
17 under this chapter has been suspended or revoked by order of
18 the department. Notification must be sent within 10 days after
19 the department issues the suspension or revocation order.
20 508.106 Denial of registration.--The department may
21 deny, revoke, or refuse to renew the registration of a wrecker
22 company based upon a determination that the applicant or, if
23 the applicant is other than a natural person, the wrecker
24 company or any of its ultimate equitable owners, officers,
25 directors, partners, managers, members, or managing members
26 has:
27 (1) Not met the requirements for registration under
28 this chapter;
29 (2) Been convicted or found guilty of, regardless of
30 adjudication, or pled guilty or nolo contendere to, a felony
31 within the last 10 years;
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1 (3) Been convicted or found guilty of, regardless of
2 adjudication, or pled guilty or nolo contendere to, a crime
3 within the last 10 years involving repossession of a motor
4 vehicle under chapter 493, repair of a motor vehicle under ss.
5 559.901-559.9221, theft of a motor vehicle under s. 812.014,
6 carjacking under s. 812.133, operation of a chop shop under s.
7 812.16, failure to maintain records of motor vehicle parts and
8 accessories under s. 860.14, violations relating to airbags
9 under s. 860.145 or use of fake airbags under s. 860.146,
10 overcharging for repairs and parts under s. 860.15, or a
11 violation of towing or storage requirements for a motor
12 vehicle under this chapter, s. 321.051, chapter 323, s.
13 713.78, or s. 715.07;
14 (4) Not satisfied a civil fine or penalty arising out
15 of an administrative or enforcement action brought by the
16 department, another governmental agency, or a private person
17 based upon conduct involving a violation of this chapter;
18 (5) Pending against him or her a criminal,
19 administrative, or enforcement proceeding in any jurisdiction
20 based upon conduct involving a violation of this chapter; or
21 (6) Had a judgment entered against him or her in an
22 action brought by the department under this chapter.
23 508.1061 Acceptable forms of payment.--A wrecker
24 company shall accept a minimum of two of the three following
25 forms of payment:
26 (1) Cash, cashier's check, money order, or traveler's
27 check.
28 (2) Valid personal check, showing upon its face the
29 name and address of the vehicle or vessel owner or authorized
30 representative.
31 (3) Valid credit card, including, but not limited to,
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1 Visa or MasterCard.
2 508.107 Prohibited acts.--It is a violation of this
3 chapter for a person to:
4 (1) Charge rates that exceed the maximum rates imposed
5 by the ordinances of the respective county or municipality
6 under ss. 125.0103(1)(c) and 166.043(1)(c).
7 (2) Violate s. 321.051, relating to the Florida
8 Highway Patrol wrecker allocation system.
9 (3) Violate s. 323.002, relating to county and
10 municipal wrecker allocation systems.
11 (4) Violate s. 713.78, relating to liens for
12 recovering, towing, or storing vehicles and vessels.
13 (5) Violate s. 715.07, relating to towing or removing
14 vehicles and vessels parked on real property without
15 permission.
16 (6) Refuse to allow a law enforcement officer to
17 inspect a towing and storage facility as required in s.
18 812.055.
19 (7) Perform an act otherwise prohibited by this
20 chapter or fail to perform an act otherwise required by this
21 chapter.
22 508.108 Administrative penalties; inspection of
23 records.--
24 (1) The department may take one or more of the
25 following actions if the department finds that a business is
26 operating without being registered under this chapter or has
27 violated this chapter or the rules or orders issued under this
28 chapter:
29 (a) Issue a notice of noncompliance under s. 120.695.
30 (b) Impose an administrative fine not to exceed $5,000
31 for each act or omission.
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1 (c) Direct the person to cease and desist specified
2 activities.
3 (d) Refuse to register the wrecker company or suspend
4 or revoke the wrecker company's registration.
5 (e) Place the wrecker company on probation for a
6 period of time, subject to the conditions specified by the
7 department.
8 (2) Chapter 120 shall govern an administrative
9 proceeding resulting from an order imposing a penalty
10 specified in subsection (1).
11 508.109 Civil penalties.--The department may bring a
12 civil action in a court of competent jurisdiction to recover
13 any penalties or damages allowed in this chapter and for
14 injunctive relief to enforce compliance with this chapter. The
15 department may seek a civil penalty of up to $5,000 for each
16 violation of this chapter and may seek restitution for and on
17 behalf of any owner of a vehicle or vessel who is aggrieved or
18 injured by a violation of this chapter.
19 508.110 Fees.--The department shall adopt by rule a
20 fee schedule not to exceed the following amounts:
21 (1) Wrecker company registration fee: $495.
22 (2) Wrecker company registration renewal fee: $495.
23 508.111 General Inspection Trust Fund; payments.--All
24 fees, penalties, or other funds collected by the department
25 under this chapter must be deposited in the General Inspection
26 Trust Fund and may only be used for the purpose of
27 administering this chapter.
28 508.112 Recovery agents; exemption.--This chapter does
29 not apply to a person licensed under chapter 493 performing
30 repossession services.
31 508.113 County and municipal ordinances.--A county or
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1 municipality may enact ordinances governing the business of
2 transporting vehicles or vessels by wrecker that are more
3 restrictive than this chapter. This section does not limit the
4 authority of a political subdivision to impose regulatory fees
5 or charges or to levy local business taxes under chapter 205.
6 The department may enter into a cooperative agreement with any
7 county or municipality that provides for the referral,
8 investigation, and prosecution of consumer complaints alleging
9 violations of this chapter. The department is authorized to
10 delegate enforcement of this chapter to any county or
11 municipality entering into a cooperative agreement.
12 508.114 Records.--Each wrecker company shall maintain
13 records of its wrecker services for at least 12 months. These
14 records shall be maintained at the wrecker company's principal
15 place of business.
16 Section 2. Effective January 1, 2008, section 508.104,
17 Florida Statutes, is created to read:
18 508.104 Wrecker companies; registration required.--
19 (1) A person may not own, operate, solicit business
20 for, advertise services for, or otherwise engage for hire in
21 the business of a wrecker company in this state unless that
22 person is registered with the department under this chapter.
23 (2) A person applying for or renewing a local business
24 tax receipt to engage for hire in the business of a wrecker
25 company must exhibit a current registration certificate from
26 the department before the local business tax receipt may be
27 issued or reissued under chapter 205.
28 (3) This section does not apply to a motor vehicle
29 repair shop registered with the department under s. 559.904
30 that derives at least 80 percent of its gross sales from motor
31 vehicle repairs or to any franchised motor vehicle dealer
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1 licensed pursuant to s. 320.27 when wrecker services are
2 incidental to the operation of the franchise.
3 (4) This section does not apply to a wrecker used
4 solely for a repossession or recovery business or used by an
5 independent automobile dealer solely for the purpose of towing
6 vehicles owned by the dealer or transported to new owners. The
7 words "NOT FOR HIRE" shall be prominently displayed on the
8 door of such wrecker.
9 Section 3. Effective July 1, 2008, section 508.116,
10 Florida Statutes, is created to read:
11 508.116 Criminal penalties.--A person who violates s.
12 508.104(1) by operating a wrecker company in this state
13 without being registered with the department under this
14 chapter commits a felony of the third degree, punishable as
15 provided in s. 775.082, s. 775.083, or s. 775.084.
16 Section 4. Effective January 1, 2008, paragraph (b) of
17 subsection (8) of section 120.80, Florida Statutes, is amended
18 to read:
19 120.80 Exceptions and special requirements;
20 agencies.--
21 (8) DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES.--
22 (b) Wrecker companies operators.--Notwithstanding s.
23 120.57(1)(a), hearings held by the Division of the Florida
24 Highway Patrol of the Department of Highway Safety and Motor
25 Vehicles to deny, suspend, or remove a wrecker company
26 operator from participating in the wrecker allocation rotation
27 system established under by s. 321.051 need not be conducted
28 by an administrative law judge assigned by the division. These
29 hearings shall be held by a hearing officer appointed by the
30 director of the Division of the Florida Highway Patrol.
31 Section 5. Effective January 1, 2008, section
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1 205.1977, Florida Statutes, is created to read:
2 205.1977 Wrecker companies; consumer protection.--A
3 county or municipality may not issue or renew a business tax
4 receipt for the operation of a wrecker company under chapter
5 508 unless the wrecker company exhibits a current registration
6 from the Department of Agriculture and Consumer Services.
7 Section 6. Subsection (3) of section 316.530, Florida
8 Statutes, is amended to read:
9 316.530 Towing requirements.--
10 (3) Whenever a motor vehicle becomes disabled upon the
11 highways of this state and a wrecker or tow truck is required
12 to remove it to a repair shop or other appropriate location,
13 if the combined weights of those two vehicles and the loads
14 thereon exceed the maximum allowable weights as established by
15 s. 316.535, no penalty shall be assessed either vehicle or
16 driver. However, this exception shall not apply to the load
17 limits for bridges and culverts established by the department
18 as provided in s. 316.555.
19 Section 7. Subsection (40) of section 320.01, Florida
20 Statutes, is amended to read:
21 320.01 Definitions, general.--As used in the Florida
22 Statutes, except as otherwise provided, the term:
23 (40) "Wrecker" means a tow truck or other any motor
24 vehicle that is used to tow, carry, or otherwise transport
25 motor vehicles or vessels upon the streets and highways of
26 this state and that is equipped for that purpose with a boom,
27 winch, car carrier, or other similar equipment.
28 Section 8. Effective January 1, 2008, subsection (8)
29 of section 320.03, Florida Statutes, is amended to read:
30 320.03 Registration; duties of tax collectors;
31 International Registration Plan.--
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1 (8) If the applicant's name appears on the list
2 referred to in s. 316.1001(4), s. 316.1967(6), or s.
3 713.78(13), a license plate or revalidation sticker may not be
4 issued until that person's name no longer appears on the list
5 or until the person presents a receipt from the clerk showing
6 that the fines outstanding have been paid. This subsection
7 does not apply to the owner of a leased vehicle if the vehicle
8 is registered in the name of the lessee of the vehicle. The
9 tax collector and the clerk of the court are each entitled to
10 receive monthly, as costs for implementing and administering
11 this subsection, 10 percent of the civil penalties and fines
12 recovered from such persons. As used in this subsection, the
13 term "civil penalties and fines" does not include a wrecker
14 company's operator's lien as described in s. 713.78(13). If
15 the tax collector has private tag agents, such tag agents are
16 entitled to receive a pro rata share of the amount paid to the
17 tax collector, based upon the percentage of license plates and
18 revalidation stickers issued by the tag agent compared to the
19 total issued within the county. The authority of any private
20 agent to issue license plates shall be revoked, after notice
21 and a hearing as provided in chapter 120, if he or she issues
22 any license plate or revalidation sticker contrary to the
23 provisions of this subsection. This section applies only to
24 the annual renewal in the owner's birth month of a motor
25 vehicle registration and does not apply to the transfer of a
26 registration of a motor vehicle sold by a motor vehicle dealer
27 licensed under this chapter, except for the transfer of
28 registrations which is inclusive of the annual renewals. This
29 section does not affect the issuance of the title to a motor
30 vehicle, notwithstanding s. 319.23(7)(b).
31 Section 9. Section 320.0706, Florida Statutes, is
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1 amended to read:
2 320.0706 Display of license plates on trucks.--The
3 owner of any commercial truck of gross vehicle weight of
4 26,001 pounds or more shall display the registration license
5 plate on both the front and rear of the truck in conformance
6 with all the requirements of s. 316.605 that do not conflict
7 with this section. The owner of a dump truck may place the
8 rear license plate on the gate no higher than 60 inches to
9 allow for better visibility. However, the owner of a truck
10 tractor or a wrecker must shall be required to display the
11 registration license plate only on the front of such vehicle.
12 Section 10. Subsection (1) of section 320.0821,
13 Florida Statutes, is amended, and subsection (5) is added to
14 that section, to read:
15 320.0821 Wrecker license plates.--
16 (1) The department shall issue one a wrecker license
17 plate, regardless of gross vehicle weight, to the owner of any
18 motor vehicle that is used to tow, carry, or otherwise
19 transport motor vehicles or vessels upon the streets and
20 highways of this state and that is equipped for that purpose
21 with a boom, winch, carrier, or other similar equipment,
22 except a motor vehicle registered under the International
23 Registration Plan, upon application and payment of the
24 appropriate license tax and fees in accordance with s.
25 320.08(5)(d) or (e).
26 (5) A wrecker license plate must be displayed on the
27 front of such vehicle.
28 Section 11. Effective January 1, 2008, subsection (1)
29 of section 320.0821, Florida Statutes, as amended by this act,
30 is amended to read:
31 320.0821 Wrecker license plates.--
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1 (1) The department shall issue one wrecker license
2 plate, regardless of gross vehicle weight, to the owner of a
3 wrecker any motor vehicle that is used to tow, carry, or
4 otherwise transport vehicles or vessels upon the streets and
5 highways of this state and that is equipped for that purpose
6 with a boom, winch, carrier, or other similar equipment,
7 except a motor vehicle registered under the International
8 Registration Plan, upon application and payment of the
9 appropriate license tax and fees in accordance with s.
10 320.08(5)(d) or (e).
11 Section 12. Paragraph (a) of subsection (1) of section
12 320.13, Florida Statutes, is amended to read:
13 320.13 Dealer and manufacturer license plates and
14 alternative method of registration.--
15 (1)(a) Any licensed motor vehicle dealer and any
16 licensed mobile home dealer may, upon payment of the license
17 tax imposed by s. 320.08(12), secure one or more dealer
18 license plates, which are valid for use on motor vehicles or
19 mobile homes owned by the dealer to whom such plates are
20 issued while the motor vehicles are in inventory and for sale,
21 or while being operated in connection with such dealer's
22 business, but are not valid for use for hire. Dealer license
23 plates may not be used on any tow truck or wrecker as defined
24 in s. 320.01 unless the tow truck or wrecker is being
25 demonstrated for sale, and the dealer license plates may not
26 be used on a vehicle used to transport another motor vehicle
27 for the motor vehicle dealer.
28 Section 13. For the purpose of incorporating the
29 amendment made by this act to section 320.01, Florida
30 Statutes, in references thereto, paragraph (a) of subsection
31 (4) and subsection (9) of section 316.550, Florida Statutes,
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1 are reenacted to read:
2 316.550 Operations not in conformity with law; special
3 permits.--
4 (4)(a) The Department of Transportation may issue a
5 wrecker special blanket permit to authorize a wrecker as
6 defined in s. 320.01(40) to tow a disabled vehicle as defined
7 in s. 320.01(38) where the combination of the wrecker and the
8 disabled vehicle being towed exceeds the maximum weight limits
9 as established by s. 316.535.
10 (9) Whenever any motor vehicle, or the combination of
11 a wrecker as defined in s. 320.01(40) and a towed motor
12 vehicle, exceeds any weight or dimensional criteria or special
13 operational or safety stipulation contained in a special
14 permit issued under the provisions of this section, the
15 penalty assessed to the owner or operator shall be as follows:
16 (a) For violation of weight criteria contained in a
17 special permit, the penalty per pound or portion thereof
18 exceeding the permitted weight shall be as provided in s.
19 316.545.
20 (b) For each violation of dimensional criteria in a
21 special permit, the penalty shall be as provided in s. 316.516
22 and penalties for multiple violations of dimensional criteria
23 shall be cumulative except that the total penalty for the
24 vehicle shall not exceed $1,000.
25 (c) For each violation of an operational or safety
26 stipulation in a special permit, the penalty shall be an
27 amount not to exceed $1,000 per violation and penalties for
28 multiple violations of operational or safety stipulations
29 shall be cumulative except that the total penalty for the
30 vehicle shall not exceed $1,000.
31 (d) For violation of any special condition that has
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1 been prescribed in the rules of the Department of
2 Transportation and declared on the permit, the vehicle shall
3 be determined to be out of conformance with the permit and the
4 permit shall be declared null and void for the vehicle, and
5 weight and dimensional limits for the vehicle shall be as
6 established in s. 316.515 or s. 316.535, whichever is
7 applicable, and:
8 1. For weight violations, a penalty as provided in s.
9 316.545 shall be assessed for those weights which exceed the
10 limits thus established for the vehicle; and
11 2. For dimensional, operational, or safety violations,
12 a penalty as established in paragraph (c) or s. 316.516,
13 whichever is applicable, shall be assessed for each
14 nonconforming dimensional, operational, or safety violation
15 and the penalties for multiple violations shall be cumulative
16 for the vehicle.
17 Section 14. For the purpose of incorporating the
18 amendment made by this act to section 320.01, Florida
19 Statutes, in references thereto, paragraphs (d) and (e) of
20 subsection (5) of section 320.08, Florida Statutes, are
21 reenacted to read:
22 320.08 License taxes.--Except as otherwise provided
23 herein, there are hereby levied and imposed annual license
24 taxes for the operation of motor vehicles, mopeds, motorized
25 bicycles as defined in s. 316.003(2), and mobile homes, as
26 defined in s. 320.01, which shall be paid to and collected by
27 the department or its agent upon the registration or renewal
28 of registration of the following:
29 (5) SEMITRAILERS, FEES ACCORDING TO GROSS VEHICLE
30 WEIGHT; SCHOOL BUSES; SPECIAL PURPOSE VEHICLES.--
31 (d) A wrecker, as defined in s. 320.01(40), which is
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1 used to tow a vessel as defined in s. 327.02(39), a disabled,
2 abandoned, stolen-recovered, or impounded motor vehicle as
3 defined in s. 320.01(38), or a replacement motor vehicle as
4 defined in s. 320.01(39): $30 flat.
5 (e) A wrecker, as defined in s. 320.01(40), which is
6 used to tow any motor vehicle, regardless of whether or not
7 such motor vehicle is a disabled motor vehicle as defined in
8 s. 320.01(38), a replacement motor vehicle as defined in s.
9 320.01(39), a vessel as defined in s. 327.02(39), or any other
10 cargo, as follows:
11 1. Gross vehicle weight of 10,000 pounds or more, but
12 less than 15,000 pounds: $87 flat.
13 2. Gross vehicle weight of 15,000 pounds or more, but
14 less than 20,000 pounds: $131 flat.
15 3. Gross vehicle weight of 20,000 pounds or more, but
16 less than 26,000 pounds: $186 flat.
17 4. Gross vehicle weight of 26,000 pounds or more, but
18 less than 35,000 pounds: $240 flat.
19 5. Gross vehicle weight of 35,000 pounds or more, but
20 less than 44,000 pounds: $300 flat.
21 6. Gross vehicle weight of 44,000 pounds or more, but
22 less than 55,000 pounds: $572 flat.
23 7. Gross vehicle weight of 55,000 pounds or more, but
24 less than 62,000 pounds: $678 flat.
25 8. Gross vehicle weight of 62,000 pounds or more, but
26 less than 72,000 pounds: $800 flat.
27 9. Gross vehicle weight of 72,000 pounds or more: $979
28 flat.
29 Section 15. Effective January 1, 2008, section
30 321.051, Florida Statutes, is amended to read:
31 (Substantial rewording of section. See
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1 s. 321.051, F.S., for present text.)
2 321.051 Florida Highway Patrol wrecker allocation
3 system; penalties for operation outside of system.--
4 (1) As used in this section, the term:
5 (a) "Authorized wrecker company" means a wrecker
6 company designated by the division as part of its wrecker
7 allocation system.
8 (b) "Division" means the Division of the Florida
9 Highway Patrol within the Department of Highway Safety and
10 Motor Vehicles.
11 (c) "Unauthorized wrecker company" means a wrecker
12 company not designated by the division as part of its wrecker
13 allocation system.
14 (d) "Wrecker company" has the same meaning ascribed in
15 s. 508.101.
16 (e) "Wrecker operator" has the same meaning ascribed
17 in s. 508.101.
18 (f) "Wrecker services" has the same meaning ascribed
19 in s. 508.101.
20 (2)(a) The division may establish within areas
21 designated by the division a wrecker allocation system, using
22 qualified, reputable wrecker companies, for the removal from
23 crash scenes and the storage of wrecked or disabled vehicles
24 when the owner or operator is incapacitated or unavailable or
25 leaves the procurement of wrecker services to the officer at
26 the scene and for the removal and storage of abandoned
27 vehicles.
28 (b) The wrecker allocation system may use only wrecker
29 companies registered under chapter 508. Each reputable wrecker
30 company registered under chapter 508 is eligible for use in
31 the system if its equipment and wrecker operators meet the
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1 recognized safety qualifications and mechanical standards set
2 by the division's rules for the size of vehicle they are
3 designed to handle. The division may limit the number of
4 wrecker companies participating in the wrecker allocation
5 system.
6 (c) The division may establish maximum rates for the
7 towing and storage of vehicles removed at the division's
8 request if those rates are not established by a county or
9 municipality under s. 125.0103 or s. 166.043. These rates are
10 not rules for the purpose of chapter 120; however, the
11 Department of Highway Safety and Motor Vehicles shall adopt
12 rules prescribing the procedures for setting these rates.
13 (d) Notwithstanding chapter 120, a final order of the
14 Department of Highway Safety and Motor Vehicles denying,
15 suspending, or revoking a wrecker company's participation in
16 the wrecker allocation system may be appealed only in the
17 manner and within the time provided by the Florida Rules of
18 Appellate Procedure by a writ of certiorari issued by the
19 circuit court in the county in which the wrecker company's
20 primary place of business is located, as evidenced by the
21 wrecker company's registration under chapter 508.
22 (3)(a) An unauthorized wrecker company, its wrecker
23 operators, or its other employees or agents may not monitor a
24 police radio for communications between patrol field units and
25 the dispatcher in order to determine the location of a wrecked
26 or disabled vehicle for the purpose of dispatching its wrecker
27 operator to drive by the scene of the vehicle in a manner
28 described in paragraph (b) or paragraph (c). Any person who
29 violates this paragraph commits a noncriminal violation,
30 punishable as provided in s. 775.083.
31 (b) Except as provided in paragraph (c), a wrecker
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1 operator dispatched by an unauthorized wrecker company who
2 drives by the scene of a wrecked or disabled vehicle before
3 the arrival of the wrecker operator dispatched by the
4 authorized wrecker company may not initiate contact with the
5 owner or operator of the vehicle by soliciting or offering
6 wrecker services or tow the vehicle. Any person who violates
7 this paragraph commits a misdemeanor of the second degree,
8 punishable as provided in s. 775.082 or s. 775.083.
9 (c) When a wrecker operator dispatched by an
10 unauthorized wrecker company drives by the scene of a wrecked
11 or disabled vehicle and the owner or operator initiates
12 contact by signaling the wrecker operator to stop and provide
13 wrecker services, the wrecker operator must disclose to the
14 owner or operator of the vehicle that he or she was not
15 dispatched by the authorized wrecker company designated as
16 part of the wrecker allocation system and must disclose, in
17 writing, what charges for towing and storage will apply before
18 the vehicle is connected to the towing apparatus. Any person
19 who violates this paragraph commits a misdemeanor of the
20 second degree, punishable as provided in s. 775.082 or s.
21 775.083.
22 (d) A wrecker operator may not falsely identify
23 himself or herself as being part of, or as being employed by a
24 wrecker company that is part of, the wrecker allocation system
25 at the scene of a wrecked or disabled vehicle. Any person who
26 violates this paragraph commits a misdemeanor of the first
27 degree, punishable as provided in s. 775.082 or s. 775.083.
28 (4) This section does not prohibit or in any way
29 prevent the owner or operator of a vehicle involved in a crash
30 or otherwise disabled from contacting any wrecker company for
31 the provision of wrecker services, regardless of whether the
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1 wrecker company is an authorized wrecker company. However, if
2 a law enforcement officer determines that the disabled vehicle
3 or vehicle cargo is a public safety hazard, the officer may,
4 in the interest of public safety, dispatch an authorized
5 wrecker company if the officer believes that the authorized
6 wrecker company would arrive at the scene before the wrecker
7 company requested by the owner or operator of the disabled
8 vehicle or vehicle cargo.
9 (5) A law enforcement officer may dispatch an
10 authorized wrecker company out of rotation to the scene of a
11 wrecked or disabled vehicle if the authorized wrecker company
12 next on rotation is not equipped to provide the required
13 wrecker services and the out-of-rotation authorized wrecker
14 company is available with the required equipment. However,
15 this subsection does not prohibit or prevent the owner or
16 operator of a vehicle involved in a crash or otherwise
17 disabled from contacting any wrecker company that is properly
18 equipped to provide the required wrecker services, regardless
19 of whether the wrecker company is an authorized wrecker
20 company, unless the law enforcement officer determines that
21 the wrecked or disabled vehicle or vehicle cargo is a public
22 safety hazard and the officer believes that the authorized
23 wrecker company would arrive at the scene before the wrecker
24 company requested by the owner or operator.
25 Section 16. Effective January 1, 2008, section
26 323.001, Florida Statutes, is amended to read:
27 (Substantial rewording of section. See
28 s. 323.001, F.S., for present text.)
29 323.001 Wrecker company storage facilities; vehicle
30 holds.--
31 (1) As used in this section, the term:
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1 (a) "Business day" means a day other than a Saturday,
2 Sunday, or federal or state legal holiday.
3 (b) "Wrecker company" has the same meaning ascribed in
4 s. 508.101.
5 (2) A law enforcement agency may place a hold on a
6 motor vehicle stored within a wrecker company's storage
7 facility for 5 business days, thereby preventing a motor
8 vehicle from being released to its owner.
9 (3) To extend a hold beyond 5 business days, the law
10 enforcement agency must notify the wrecker company in writing
11 before the expiration of the 5 business days. If notification
12 is not made within the 5 business days, the wrecker company
13 must release the vehicle to the designated person under s.
14 713.78.
15 (a) If the hold is extended beyond the 5 business
16 days, the law enforcement agency may have the vehicle removed
17 to a designated impound lot and the vehicle may not be
18 released by the law enforcement agency to the owner or
19 lienholder of the vehicle until proof of payment of the towing
20 and storage charges incurred by the wrecker company is
21 presented to the law enforcement agency.
22 (b) If the law enforcement agency chooses to have the
23 vehicle remain at the wrecker company's storage facility for
24 more than 5 business days under the written notification, the
25 law enforcement agency is responsible for paying the storage
26 charges incurred by the wrecker company for the requested
27 extended period. The owner or lienholder is responsible for
28 paying the accrued towing and storage charges for the first 5
29 business days, or any period less than the first 5 business
30 days, if the law enforcement agency moves the vehicle from the
31 wrecker company's storage facility to a designated impound lot
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1 or provides written notification to extend the hold on the
2 vehicle before the expiration of the 5 business days.
3 (c) The towing and storage rates for the owner or
4 lienholder of the held vehicle may not exceed the rates for
5 the law enforcement agency.
6 (4) If there is a judicial finding of no probable
7 cause for having continued the immobilization or impoundment,
8 the law enforcement agency ordering the hold must pay the
9 accrued charges for any towing and storage.
10 (5) The requirements for a written hold apply when:
11 (a) The law enforcement officer has probable cause to
12 believe that the vehicle should be seized and forfeited under
13 the Florida Contraband Forfeiture Act, ss. 932.701-932.707;
14 (b) The law enforcement officer has probable cause to
15 believe that the vehicle should be seized and forfeited under
16 chapter 370 or chapter 372;
17 (c) The law enforcement officer has probable cause to
18 believe that the vehicle was used as a means to commit a
19 crime;
20 (d) The law enforcement officer has probable cause to
21 believe that the vehicle is itself evidence that a crime has
22 been committed or that the vehicle contains evidence, which
23 cannot readily be removed, that a crime has been committed;
24 (e) The law enforcement officer has probable cause to
25 believe that the vehicle was involved in a traffic accident
26 resulting in death or personal injury and should be sealed for
27 investigation and collection of evidence by a vehicular
28 homicide investigator;
29 (f) The vehicle is impounded or immobilized under s.
30 316.193 or s. 322.34; or
31 (g) The law enforcement officer is complying with a
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1 court order.
2 (6) The hold must be in writing and must specify:
3 (a) The name and agency of the law enforcement officer
4 placing the hold on the vehicle.
5 (b) The date and time the hold is placed on the
6 vehicle.
7 (c) A general description of the vehicle, including
8 its color, make, model, body style, and year; vehicle
9 identification number; registration license plate number,
10 state, and year; and validation sticker number, state, and
11 year.
12 (d) The specific reason for placing the hold.
13 (e) The condition of the vehicle.
14 (f) The location where the vehicle is being held.
15 (g) The name, address, and telephone number of the
16 wrecker company and the storage facility.
17 (7) A wrecker company's storage facility must comply
18 with a hold placed by a law enforcement officer, including
19 instructions for inside or outside storage. A wrecker
20 company's storage facility may not release a motor vehicle
21 subject to a hold to any person except as directed by the law
22 enforcement agency placing the hold.
23 (8) When a vehicle owner is found guilty of,
24 regardless of adjudication, or pleads nolo contendere to, the
25 offense that resulted in a hold being placed on his or her
26 vehicle, the owner must pay the accrued towing and storage
27 charges assessed against the vehicle.
28 Section 17. Effective January 1, 2008, section
29 323.002, Florida Statutes, is amended to read:
30 (Substantial rewording of section. See
31 s. 323.002, F.S., for present text.)
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1 323.002 County and municipal wrecker allocation
2 systems; penalties for operation outside of system.--
3 (1) As used in this section, the term:
4 (a) "Authorized wrecker company" means a wrecker
5 company designated as part of the wrecker allocation system
6 established by the governmental unit having jurisdiction over
7 the scene of a wrecked, disabled, or abandoned vehicle.
8 (b) "Unauthorized wrecker company" means a wrecker
9 company not designated as part of the wrecker allocation
10 system established by the governmental unit having
11 jurisdiction over the scene of a wrecked, disabled, or
12 abandoned vehicle.
13 (c) "Wrecker allocation system" means a system for the
14 towing or removal of wrecked, disabled, or abandoned vehicles,
15 similar to the Florida Highway Patrol wrecker allocation
16 system described in s. 321.051(2), under which a county or
17 municipality contracts with one or more wrecker companies
18 registered under chapter 508 for the towing or removal of
19 wrecked, disabled, or abandoned vehicles from accident scenes,
20 streets, or highways. Each wrecker allocation system must use
21 a method for apportioning the towing assignments among the
22 eligible wrecker companies through the creation of geographic
23 zones or a rotation schedule or a combination of geographic
24 zones and a rotation schedule.
25 (d) "Wrecker company" has the same meaning ascribed in
26 s. 508.101.
27 (e) "Wrecker operator" has the same meaning ascribed
28 in s. 508.101.
29 (f) "Wrecker services" has the same meaning ascribed
30 in s. 508.101.
31 (2) In a county or municipality that operates a
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1 wrecker allocation system:
2 (a) The wrecker allocation system may only use wrecker
3 companies registered under chapter 508.
4 (b) An unauthorized wrecker company, its wrecker
5 operators, or its other employees or agents may not monitor a
6 police radio for communications between patrol field units and
7 the dispatcher in order to determine the location of a wrecked
8 or disabled vehicle for the purpose of dispatching its wrecker
9 operator to drive by the scene of the vehicle in a manner
10 described in paragraph (c) or paragraph (d). Any person who
11 violates this paragraph commits a noncriminal violation,
12 punishable as provided in s. 775.083.
13 (c) Except as provided in paragraph (d), a wrecker
14 operator dispatched by an unauthorized wrecker company who
15 drives by the scene of a wrecked or disabled vehicle before
16 the arrival of the wrecker operator dispatched by the
17 authorized wrecker company may not initiate contact with the
18 owner or operator of the vehicle by soliciting or offering
19 wrecker services or tow the vehicle. Any person who violates
20 this paragraph commits a misdemeanor of the second degree,
21 punishable as provided in s. 775.082 or s. 775.083.
22 (d) When a wrecker operator dispatched by an
23 unauthorized wrecker company drives by the scene of a wrecked
24 or disabled vehicle and the owner or operator initiates
25 contact by signaling the wrecker operator to stop and provide
26 wrecker services, the wrecker operator must disclose to the
27 owner or operator of the vehicle that he or she was not
28 dispatched by the authorized wrecker company designated as
29 part of the wrecker allocation system and must disclose, in
30 writing, what charges for towing and storage will apply before
31 the vehicle is connected to the towing apparatus. Any person
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1 who violates this paragraph commits a misdemeanor of the
2 second degree, punishable as provided in s. 775.082 or s.
3 775.083.
4 (e) A wrecker operator may not falsely identify
5 himself or herself as being part of, or as being employed by a
6 wrecker company that is part of, the wrecker allocation system
7 at the scene of a wrecked or disabled vehicle. Any person who
8 violates this paragraph commits a misdemeanor of the first
9 degree, punishable as provided in s. 775.082 or s. 775.083.
10 (3) This section does not prohibit or in any way
11 prevent the owner or operator of a vehicle involved in a crash
12 or otherwise disabled from contacting any wrecker company for
13 the provision of wrecker services, regardless of whether the
14 wrecker company is an authorized wrecker company. If a law
15 enforcement officer determines that the disabled vehicle or
16 vehicle cargo is a public safety hazard, the officer may, in
17 the interest of public safety, dispatch an authorized wrecker
18 company if the officer believes that the authorized wrecker
19 company would arrive at the scene before the wrecker company
20 requested by the owner or operator of the disabled vehicle or
21 vehicle cargo.
22 (4) A law enforcement officer may dispatch an
23 authorized wrecker company out of rotation to the scene of a
24 wrecked or disabled vehicle if the authorized wrecker company
25 next on rotation is not equipped to provide the required
26 wrecker services and the out-of-rotation authorized wrecker
27 company is available with the required equipment. However,
28 this subsection does not prohibit or prevent the owner or
29 operator of a vehicle involved in a crash or otherwise
30 disabled from contacting any wrecker company that is properly
31 equipped to provide the required wrecker services, regardless
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1 of whether the wrecker company is an authorized wrecker
2 company, unless the law enforcement officer determines that
3 the wrecked or disabled vehicle or vehicle cargo is a public
4 safety hazard and the officer believes that the authorized
5 wrecker company would arrive at the scene before the wrecker
6 company requested by the owner or operator.
7 Section 18. Effective January 1, 2008, section 713.78,
8 Florida Statutes, is amended to read:
9 713.78 Liens for recovering, towing, or storing
10 vehicles and vessels.--
11 (1) As used in For the purposes of this section, the
12 term:
13 (a) "Business day" means a day other than a Saturday,
14 Sunday, or federal or state legal holiday.
15 (b) "Property owner" has the same meaning ascribed in
16 s. 715.07.
17 (c)(a) "Vehicle" has the same meaning ascribed in s.
18 508.101 means any mobile item, whether motorized or not, which
19 is mounted on wheels.
20 (d)(b) "Vessel" has the same meaning ascribed in s.
21 508.101 means every description of watercraft, barge, and
22 airboat used or capable of being used as a means of
23 transportation on water, other than a seaplane or a
24 "documented vessel" as defined in s. 327.02(9).
25 (e)(c) "Wrecker" has the same meaning ascribed in s.
26 320.01 means any truck or other vehicle which is used to tow,
27 carry, or otherwise transport motor vehicles or vessels upon
28 the streets and highways of this state and which is equipped
29 for that purpose with a boom, winch, car carrier, or other
30 similar equipment.
31 (f) "Wrecker company" has the same meaning ascribed in
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1 s. 508.101.
2 (g) "Wrecker operator" has the same meaning ascribed
3 in s. 508.101.
4 (2) Whenever a wrecker company registered under
5 chapter 508 person regularly engaged in the business of
6 transporting vehicles or vessels by wrecker, tow truck, or car
7 carrier recovers, removes, or stores a vehicle or vessel upon
8 instructions from:
9 (a) The owner of the vehicle or vessel thereof;
10 (b) The property owner or lessor, or a person
11 authorized by the owner or lessor, of real property on which
12 the such vehicle or vessel is wrongfully parked without
13 permission, and the removal is done in compliance with s.
14 715.07; or
15 (c) Any law enforcement agency,
16
17 the wrecker company has she or he shall have a lien on the
18 vehicle or vessel for a reasonable towing fee and for a
19 reasonable storage fee,; except that no storage fee shall be
20 charged if the vehicle or vessel is stored for less than 6
21 hours.
22 (3) This section does not authorize any person to
23 claim a lien on a vehicle for fees or charges connected with
24 the immobilization of the such vehicle using a vehicle boot or
25 other similar device under pursuant to s. 715.07.
26 (4)(a) Any wrecker company that person regularly
27 engaged in the business of recovering, towing, or storing
28 vehicles or vessels who comes into possession of a vehicle or
29 vessel under pursuant to subsection (2), and who claims a lien
30 for recovery, towing, or storage services, shall give notice
31 to the registered owner, the insurance company insuring the
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1 vehicle notwithstanding the provisions of s. 627.736, and to
2 all persons claiming a lien on the vehicle or vessel thereon,
3 as disclosed by the records in the Department of Highway
4 Safety and Motor Vehicles or of a corresponding agency in any
5 other state.
6 (b) Whenever a any law enforcement agency authorizes
7 the removal of a vehicle or vessel or whenever a wrecker
8 company any towing service, garage, repair shop, or automotive
9 service, storage, or parking place notifies the law
10 enforcement agency of possession of a vehicle or vessel under
11 pursuant to s. 715.07(2)(a)2., the applicable law enforcement
12 agency shall contact the Department of Highway Safety and
13 Motor Vehicles, or the appropriate agency of the state of
14 registration, if known, within 24 hours through the medium of
15 electronic communications, giving the full description of the
16 vehicle or vessel. Upon receipt of the full description of the
17 vehicle or vessel, the department shall search its files to
18 determine the owner's name, the insurance company insuring the
19 vehicle or vessel, and whether any person has filed a lien
20 upon the vehicle or vessel as provided in s. 319.27(2) and (3)
21 and notify the applicable law enforcement agency within 72
22 hours. The wrecker company person in charge of the towing
23 service, garage, repair shop, or automotive service, storage,
24 or parking place shall obtain that such information from the
25 applicable law enforcement agency within 5 days after the date
26 of storage and shall give notice under pursuant to paragraph
27 (a). The department may release the insurance company
28 information to the requestor notwithstanding the provisions of
29 s. 627.736.
30 (c) Notice by certified mail, return receipt
31 requested, shall be sent within 7 business days after the date
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1 of storage of the vehicle or vessel to the registered owner,
2 the insurance company insuring the vehicle notwithstanding the
3 provisions of s. 627.736, and all persons of record claiming a
4 lien against the vehicle or vessel. The notice It shall state
5 the fact of possession of the vehicle or vessel and, that a
6 lien as provided in subsection (2) is claimed, that charges
7 have accrued and the amount of the charges thereof, that the
8 lien is subject to enforcement under pursuant to law, and that
9 the owner or lienholder, if any, has the right to a hearing as
10 set forth in subsection (5), and that any vehicle or vessel
11 that which remains unclaimed, or for which the charges for
12 recovery, towing, or storage services remain unpaid, may be
13 sold free of all prior liens after 35 days if the vehicle or
14 vessel is more than 3 years of age or after 50 days if the
15 vehicle or vessel is 3 years of age or less.
16 (d) If the wrecker company is unable attempts to
17 identify locate the name and address of the owner or
18 lienholder prove unsuccessful, the wrecker company
19 towing-storage operator shall, after 7 business working days
20 following, excluding Saturday and Sunday, of the initial tow
21 or storage, notify the public agency of jurisdiction in
22 writing by certified mail or acknowledged hand delivery that
23 the wrecker towing-storage company has been unable to identify
24 locate the name and address of the owner or lienholder, and a
25 physical search of the vehicle or vessel has disclosed no
26 ownership information, and a good faith effort has been made.
27 For purposes of this paragraph and subsection (9), the term
28 "good faith effort" means that the following checks have been
29 performed by the wrecker company to establish prior state of
30 registration and for title:
31 1. Check of vehicle or vessel for any type of tag, tag
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1 record, temporary tag, or regular tag.
2 2. Check of law enforcement report for tag number or
3 other information identifying the vehicle or vessel, if the
4 vehicle or vessel was towed at the request of a law
5 enforcement officer.
6 3. Check of trip sheet or tow ticket of the wrecker
7 tow truck operator to see if a tag was on vehicle or vessel at
8 beginning of tow, if private tow.
9 4. If there is no address of the owner on the impound
10 report, check of law enforcement report to see if an
11 out-of-state address is indicated from driver license
12 information.
13 5. Check of vehicle or vessel for inspection sticker
14 or other stickers and decals that may indicate a state of
15 possible registration.
16 6. Check of the interior of the vehicle or vessel for
17 any papers that may be in the glove box, trunk, or other areas
18 for a state of registration.
19 7. Check of vehicle for vehicle identification number.
20 8. Check of vessel for vessel registration number.
21 9. Check of vessel hull for a hull identification
22 number, which should be carved, burned, stamped, embossed, or
23 otherwise permanently affixed to the outboard side of the
24 transom or, if there is no transom, to the outmost seaboard
25 side at the end of the hull that bears the rudder or other
26 steering mechanism.
27 (5)(a) The owner of a vehicle or vessel removed under
28 pursuant to the provisions of subsection (2), or any person
29 claiming a lien, other than the wrecker company towing-storage
30 operator, within 10 days after the time she or he has
31 knowledge of the location of the vehicle or vessel, may file a
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1 complaint in the county court of the county in which the
2 vehicle or vessel is stored or in which the owner resides to
3 determine if her or his property was wrongfully taken or
4 withheld from her or him.
5 (b) Upon filing of a complaint, an owner or lienholder
6 may have her or his vehicle or vessel released upon posting
7 with the court a cash or surety bond or other adequate
8 security equal to the amount of the charges for towing or
9 storage and lot rental amount to ensure the payment of the
10 such charges in the event she or he does not prevail. Upon the
11 posting of the bond and the payment of the applicable fee set
12 forth in s. 28.24, the clerk of the court shall issue a
13 certificate notifying the lienor of the posting of the bond
14 and directing the lienor to release the vehicle or vessel. At
15 the time of the such release, after reasonable inspection, she
16 or he shall give a receipt to the wrecker towing-storage
17 company reciting any claims she or he has for loss or damage
18 to the vehicle or vessel or to the contents of the vehicle or
19 vessel thereof.
20 (c) Upon determining the respective rights of the
21 parties, the court shall may award damages, reasonable
22 attorney's fees, and costs to in favor of the prevailing
23 party. In any event, The final order shall require provide for
24 immediate payment in full of the recovery, towing, and storage
25 fees by the vehicle or vessel owner or lienholder,; by or the
26 law enforcement agency ordering the tow,; or by the property
27 owner, lessee, or agent thereof of the real property from
28 which the vehicle or vessel was towed or removed under s.
29 715.07.
30 (6) Any vehicle or vessel that which is stored under
31 pursuant to subsection (2) and which remains unclaimed, or for
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1 which reasonable charges for recovery, towing, or storing
2 remain unpaid, and any contents not released under pursuant to
3 subsection (10), may be sold by the wrecker company owner or
4 operator of the storage space for the such towing or storage
5 charge after 35 days after from the time the vehicle or vessel
6 is stored in the wrecker company's storage facility therein if
7 the vehicle or vessel is more than 3 years of age or after 50
8 days after following the time the vehicle or vessel is stored
9 in the wrecker company's storage facility therein if the
10 vehicle or vessel is 3 years of age or less. The sale shall be
11 at public auction for cash. If the date of the sale is was not
12 included in the notice required in subsection (4), notice of
13 the sale shall be given to the person in whose name the
14 vehicle or vessel is registered and to all persons claiming a
15 lien on the vehicle or vessel as shown on the records of the
16 Department of Highway Safety and Motor Vehicles or of the
17 corresponding agency in any other state. Notice shall be sent
18 by certified mail, return receipt requested, to the owner of
19 the vehicle or vessel and the person having the recorded lien
20 on the vehicle or vessel at the address shown on the records
21 of the registering agency and shall be mailed at least not
22 less than 15 days before the date of the sale. After diligent
23 search and inquiry, if the name and address of the registered
24 owner or the owner of the recorded lien cannot be ascertained,
25 the requirements of notice by mail may be dispensed with. In
26 addition to the notice by mail, public notice of the time and
27 place of sale shall be made by publishing a notice of the sale
28 thereof one time, at least 10 days prior to the date of the
29 sale, in a newspaper of general circulation in the county in
30 which the sale is to be held. The proceeds of the sale, after
31 payment of reasonable towing and storage charges, and costs of
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1 the sale, in that order of priority, shall be deposited with
2 the clerk of the circuit court for the county if the owner is
3 absent, and the clerk shall hold the such proceeds subject to
4 the claim of the person legally entitled to those proceeds
5 thereto. The clerk shall be entitled to receive 5 percent of
6 the such proceeds for the care and disbursement of the
7 proceeds thereof. The certificate of title issued under this
8 section law shall be discharged of all liens unless otherwise
9 provided by court order.
10 (7)(a) A wrecker company, its wrecker operators, and
11 other employees or agents of the wrecker company operator
12 recovering, towing, or storing vehicles or vessels are is not
13 liable for damages connected with those such services, theft
14 of the such vehicles or vessels, or theft of personal property
15 contained in the such vehicles or vessels if those, provided
16 that such services are have been performed with reasonable
17 care and provided, further, that, in the case of removal of a
18 vehicle or vessel upon the request of a person purporting, and
19 reasonably appearing, to be the property owner or lessee, or a
20 person authorized by the owner or lessee, of the real property
21 from which the such vehicle or vessel is removed, the such
22 removal is has been done in compliance with s. 715.07.
23 Further, a wrecker company, its wrecker operators, and other
24 employees or agents of the wrecker company are operator is not
25 liable for damage to a vehicle, a vessel, or cargo that
26 obstructs the normal movement of traffic or creates a hazard
27 to traffic and is removed in compliance with the request of a
28 law enforcement officer.
29 (b) For the purposes of this subsection, a wrecker
30 company, its wrecker operators, and other employees or agents
31 of the wrecker company are operator is presumed to use
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1 reasonable care to prevent the theft of a vehicle or vessel or
2 of any personal property contained in the such vehicle or
3 vessel stored in the wrecker company's operator's storage
4 facility if all of the following apply:
5 1. The wrecker company operator surrounds the storage
6 facility with a chain-link or solid-wall type fence at least 6
7 feet in height;
8 2. The wrecker company illuminates operator has
9 illuminated the storage facility with lighting of sufficient
10 intensity to reveal persons and vehicles at a distance of at
11 least 150 feet during nighttime; and
12 3. The wrecker company operator uses one or more of
13 the following security methods to discourage theft of vehicles
14 or vessels or of any personal property contained in such
15 vehicles or vessels stored in the wrecker company's operator's
16 storage facility:
17 a. A night dispatcher or watchman remains on duty at
18 the storage facility from sunset to sunrise;
19 b. A security dog remains at the storage facility from
20 sunset to sunrise;
21 c. Security cameras or other similar surveillance
22 devices monitor the storage facility; or
23 d. A security guard service examines the storage
24 facility at least once each hour from sunset to sunrise.
25 (c) Any law enforcement agency requesting that a motor
26 vehicle be removed from an accident scene, street, or highway
27 must conduct an inventory and prepare a written record of all
28 personal property found in the vehicle before the vehicle is
29 removed by a wrecker operator. However, if the owner or driver
30 of the motor vehicle is present and accompanies the vehicle,
31 an no inventory by law enforcement is not required. A wrecker
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1 company, its wrecker operators, and other employees or agents
2 of the wrecker company are operator is not liable for the loss
3 of personal property alleged to be contained in such a vehicle
4 when the such personal property was not identified on the
5 inventory record prepared by the law enforcement agency
6 requesting the removal of the vehicle.
7 (8) A wrecker company and its wrecker operators,
8 excluding person regularly engaged in the business of
9 recovering, towing, or storing vehicles or vessels, except a
10 person licensed under chapter 493 while engaged in
11 "repossession" activities as defined in s. 493.6101, may not
12 operate a wrecker, tow truck, or car carrier unless the name,
13 address, and telephone number of the wrecker company
14 performing the wrecker services service is clearly printed in
15 contrasting colors on the driver and passenger sides of the
16 wrecker its vehicle. The name must be in at least 3-inch
17 permanently affixed letters, and the address and telephone
18 number must be in at least 1-inch permanently affixed letters.
19 (9) Failure to make good faith, best efforts to comply
20 with the notice requirements of this section precludes shall
21 preclude the imposition of any storage charges against the
22 such vehicle or vessel.
23 (10) Each wrecker company that provides Persons who
24 provide services under pursuant to this section shall permit
25 vehicle or vessel owners or their agents, which agency is
26 evidenced by an original writing acknowledged by the owner
27 before a notary public or other person empowered by law to
28 administer oaths, to inspect the towed vehicle or vessel and
29 shall release to the owner or agent the vehicle, vessel, or
30 all personal property not affixed to the vehicle or vessel
31 that which was in the vehicle or vessel at the time the
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1 vehicle or vessel came into the custody of the wrecker company
2 person providing those such services.
3 (11)(a) A wrecker company that Any person regularly
4 engaged in the business of recovering, towing, or storing
5 vehicles or vessels who comes into possession of a vehicle or
6 vessel pursuant to subsection (2) and complies who has
7 complied with the provisions of subsections (3) and (6), when
8 the such vehicle or vessel is to be sold for purposes of being
9 dismantled, destroyed, or changed in such a manner that it is
10 not the motor vehicle or vessel described in the certificate
11 of title, must shall apply to the county tax collector for a
12 certificate of destruction. A certificate of destruction,
13 which authorizes the dismantling or destruction of the vehicle
14 or vessel described on the certificate therein, is shall be
15 reassignable no more than twice a maximum of two times before
16 dismantling or destruction of the vehicle or vessel is shall
17 be required, and, in lieu of a certificate of title, the
18 certificate of destruction shall accompany the vehicle or
19 vessel for which it is issued, when the such vehicle or vessel
20 is sold for that purpose such purposes, in lieu of a
21 certificate of title. The application for a certificate of
22 destruction must include an affidavit from the applicant that
23 it has complied with all applicable requirements of this
24 section and, if the vehicle or vessel is not registered in
25 this state, by a statement from a law enforcement officer that
26 the vehicle or vessel is not reported stolen, and must also
27 shall be accompanied by any other such documentation as may be
28 required by the department.
29 (b) The Department of Highway Safety and Motor
30 Vehicles shall charge a fee of $3 for each certificate of
31 destruction. A service charge of $4.25 shall be collected and
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1 retained by the tax collector who processes the application.
2 (c) The Department of Highway Safety and Motor
3 Vehicles may adopt such rules to administer as it deems
4 necessary or proper for the administration of this subsection.
5 (12)(a) Any person who violates any provision of
6 subsection (1), subsection (2), subsection (4), subsection
7 (5), subsection (6), or subsection (7) commits is guilty of a
8 misdemeanor of the first degree, punishable as provided in s.
9 775.082 or s. 775.083.
10 (b) Any person who violates subsection (8), subsection
11 (9), subsection (10), or subsection (11) commits the
12 provisions of subsections (8) through (11) is guilty of a
13 felony of the third degree, punishable as provided in s.
14 775.082, s. 775.083, or s. 775.084.
15 (c) Any person who uses a false or fictitious name,
16 gives a false or fictitious address, or makes any false
17 statement in any application or affidavit required under the
18 provisions of this section commits is guilty of a felony of
19 the third degree, punishable as provided in s. 775.082, s.
20 775.083, or s. 775.084.
21 (d) Employees of the Department of Highway Safety and
22 Motor Vehicles and law enforcement officers may are authorized
23 to inspect the records of each wrecker company in this state
24 any person regularly engaged in the business of recovering,
25 towing, or storing vehicles or vessels or transporting
26 vehicles or vessels by wrecker, tow truck, or car carrier, to
27 ensure compliance with the requirements of this section. Any
28 person who fails to maintain records, or fails to produce
29 records when required in a reasonable manner and at a
30 reasonable time, commits a misdemeanor of the first degree,
31 punishable as provided in s. 775.082 or s. 775.083.
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1 (13)(a) Upon receipt by the Department of Highway
2 Safety and Motor Vehicles of written notice from a wrecker
3 company that operator who claims a wrecker company's
4 operator's lien under paragraph (2)(c) or paragraph (2)(d) for
5 recovery, towing, or storage of an abandoned vehicle or vessel
6 upon instructions from any law enforcement agency, for which a
7 certificate of destruction has been issued under subsection
8 (11), the department shall place the name of the registered
9 owner of that vehicle or vessel on the list of those persons
10 who may not be issued a license plate or revalidation sticker
11 for any motor vehicle under s. 320.03(8). If the vehicle or
12 vessel is owned jointly by more than one person, the name of
13 each registered owner shall be placed on the list. The notice
14 of wrecker company's operator's lien shall be submitted on
15 forms provided by the department, which must include:
16 1. The name, address, and telephone number of the
17 wrecker company operator.
18 2. The name of the registered owner of the vehicle or
19 vessel and the address to which the wrecker company operator
20 provided notice of the lien to the registered owner under
21 subsection (4).
22 3. A general description of the vehicle or vessel,
23 including its color, make, model, body style, and year.
24 4. The vehicle identification number (VIN);
25 registration license plate number, state, and year; validation
26 decal number, state, and year; vessel registration number;
27 hull identification number; or other identification number, as
28 applicable.
29 5. The name of the person or the corresponding law
30 enforcement agency that requested that the vehicle or vessel
31 be recovered, towed, or stored.
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1 6. The amount of the wrecker company's operator's
2 lien, not to exceed the amount allowed by paragraph (b).
3 (b) For purposes of this subsection only, the amount
4 of the wrecker company's operator's lien for which the
5 department will prevent issuance of a license plate or
6 revalidation sticker may not exceed the amount of the charges
7 for recovery, towing, and storage of the vehicle or vessel for
8 7 days. These charges may not exceed the maximum rates imposed
9 by the ordinances of the respective county or municipality
10 under ss. 125.0103(1)(c) and 166.043(1)(c). This paragraph
11 does not limit the amount of a wrecker company's operator's
12 lien claimed under subsection (2) or prevent a wrecker company
13 operator from seeking civil remedies for enforcement of the
14 entire amount of the lien, but limits only that portion of the
15 lien for which the department will prevent issuance of a
16 license plate or revalidation sticker.
17 (c)1. The registered owner of a vehicle or vessel may
18 dispute a wrecker company's operator's lien, by notifying the
19 department of the dispute in writing on forms provided by the
20 department, if at least one of the following applies:
21 a. The registered owner presents a notarized bill of
22 sale proving that the vehicle or vessel was sold in a private
23 or casual sale before the vehicle or vessel was recovered,
24 towed, or stored.
25 b. The registered owner presents proof that the
26 Florida certificate of title of the vehicle or vessel was sold
27 to a licensed dealer as defined in s. 319.001 before the
28 vehicle or vessel was recovered, towed, or stored.
29 c. The records of the department were marked "sold"
30 prior to the date of the tow.
31
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1 If the registered owner's dispute of a wrecker company's
2 operator's lien complies with one of these criteria, the
3 department shall immediately remove the registered owner's
4 name from the list of those persons who may not be issued a
5 license plate or revalidation sticker for any motor vehicle
6 under s. 320.03(8), thereby allowing issuance of a license
7 plate or revalidation sticker. If the vehicle or vessel is
8 owned jointly by more than one person, each registered owner
9 must dispute the wrecker company's operator's lien in order to
10 be removed from the list. However, the department shall deny
11 any dispute and maintain the registered owner's name on the
12 list of those persons who may not be issued a license plate or
13 revalidation sticker for any motor vehicle under s. 320.03(8)
14 if the wrecker company operator has provided the department
15 with a certified copy of the judgment of a court that which
16 orders the registered owner to pay the wrecker company's
17 operator's lien claimed under this section. In such a case,
18 the amount of the wrecker company's operator's lien allowed by
19 paragraph (b) may be increased to include no more than $500 of
20 the reasonable costs and attorney's fees incurred in obtaining
21 the judgment. The department's action under this subparagraph
22 is ministerial in nature, shall not be considered final agency
23 action, and is appealable only to the county court for the
24 county in which the vehicle or vessel was ordered removed.
25 2. A person against whom a wrecker company's
26 operator's lien has been imposed may alternatively obtain a
27 discharge of the lien by filing a complaint, challenging the
28 validity of the lien or the amount of the lien thereof, in the
29 county court of the county in which the vehicle or vessel was
30 ordered removed. Upon filing of the complaint, the person may
31 have her or his name removed from the list of those persons
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1 who may not be issued a license plate or revalidation sticker
2 for any motor vehicle under s. 320.03(8), thereby allowing
3 issuance of a license plate or revalidation sticker, upon
4 posting with the court a cash or surety bond or other adequate
5 security equal to the amount of the wrecker company's
6 operator's lien to ensure the payment of such lien in the
7 event she or he does not prevail. Upon the posting of the bond
8 and the payment of the applicable fee set forth in s. 28.24,
9 the clerk of the court shall issue a certificate notifying the
10 department of the posting of the bond and directing the
11 department to release the wrecker company's operator's lien.
12 Upon determining the respective rights of the parties, the
13 court may award damages and costs in favor of the prevailing
14 party.
15 3. If a person against whom a wrecker company's
16 operator's lien has been imposed does not object to the lien,
17 but cannot discharge the lien by payment because the wrecker
18 company operator has moved or gone out of business, the person
19 may have her or his name removed from the list of those
20 persons who may not be issued a license plate or revalidation
21 sticker for any motor vehicle under s. 320.03(8), thereby
22 allowing issuance of a license plate or revalidation sticker,
23 upon posting with the clerk of court in the county in which
24 the vehicle or vessel was ordered removed, a cash or surety
25 bond or other adequate security equal to the amount of the
26 wrecker company's operator's lien. Upon the posting of the
27 bond and the payment of the application fee set forth in s.
28 28.24, the clerk of the court shall issue a certificate
29 notifying the department of the posting of the bond and
30 directing the department to release the wrecker company's
31 operator's lien. The department shall mail to the wrecker
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1 company operator, at the address upon the lien form, notice
2 that the wrecker company operator must claim the security
3 within 60 days, or the security will be released back to the
4 person who posted it. At the conclusion of the 60 days, the
5 department shall direct the clerk as to which party is
6 entitled to payment of the security, less applicable clerk's
7 fees.
8 4. A wrecker company's operator's lien expires 5 years
9 after filing.
10 (d) Upon discharge of the amount of the wrecker
11 company's operator's lien allowed by paragraph (b), the
12 wrecker company operator must issue a certificate of
13 discharged wrecker company's operator's lien on forms provided
14 by the department to each registered owner of the vehicle or
15 vessel attesting that the amount of the wrecker company's
16 operator's lien allowed by paragraph (b) has been discharged.
17 Upon presentation of the certificate of discharged wrecker
18 company's operator's lien by the registered owner, the
19 department shall immediately remove the registered owner's
20 name from the list of those persons who may not be issued a
21 license plate or revalidation sticker for any motor vehicle
22 under s. 320.03(8), thereby allowing issuance of a license
23 plate or revalidation sticker. Issuance of a certificate of
24 discharged wrecker company's operator's lien under this
25 paragraph does not discharge the entire amount of the wrecker
26 company's operator's lien claimed under subsection (2), but
27 only certifies to the department that the amount of the
28 wrecker company's operator's lien allowed by paragraph (b),
29 for which the department will prevent issuance of a license
30 plate or revalidation sticker, has been discharged.
31 (e) When a wrecker company operator files a notice of
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1 wrecker company's operator's lien under this subsection, the
2 department shall charge the wrecker company operator a fee of
3 $2, which shall be deposited into the General Revenue Fund
4 established under s. 860.158. A service charge of $2.50 shall
5 be collected and retained by the tax collector who processes a
6 notice of wrecker company's operator's lien.
7 (f) This subsection applies only to the annual renewal
8 in the registered owner's birth month of a motor vehicle
9 registration and does not apply to the transfer of a
10 registration of a motor vehicle sold by a motor vehicle dealer
11 licensed under chapter 320, except for the transfer of
12 registrations which is inclusive of the annual renewals. This
13 subsection does not apply to any vehicle registered in the
14 name of the lessor. This subsection does not affect the
15 issuance of the title to a motor vehicle, notwithstanding s.
16 319.23(7)(b).
17 (g) The Department of Highway Safety and Motor
18 Vehicles may adopt rules pursuant to ss. 120.536(1) and 120.54
19 to implement this subsection.
20 Section 19. The amendments to section 713.78, Florida
21 Statutes, made by this act do not affect the validity of liens
22 established under section 713.78, Florida Statutes, before
23 January 1, 2008.
24 Section 20. Effective January 1, 2008, section 715.07,
25 Florida Statutes, is amended to read:
26 715.07 Vehicles or vessels parked on real private
27 property without permission; towing.--
28 (1) As used in this section, the term:
29 (a) "Property owner" means an owner or lessee of real
30 property, or a person authorized by the owner or lessee, which
31 person may be the designated representative of the condominium
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1 association if the real property is a condominium.
2 (b)(a) "Vehicle" has the same meaning ascribed in s.
3 508.101 means any mobile item which normally uses wheels,
4 whether motorized or not.
5 (c)(b) "Vessel" has the same meaning ascribed in s.
6 508.101 means every description of watercraft, barge, and
7 airboat used or capable of being used as a means of
8 transportation on water, other than a seaplane or a
9 "documented vessel" as defined in s. 327.02(9).
10 (d) "Wrecker company" has the same meaning ascribed in
11 s. 508.101.
12 (e) "Wrecker operator" has the same meaning ascribed
13 in s. 508.101.
14 (2) A property owner The owner or lessee of real
15 property, or any person authorized by the owner or lessee,
16 which person may be the designated representative of the
17 condominium association if the real property is a condominium,
18 may cause a any vehicle or vessel parked on her or his such
19 property without her or his permission to be removed by a
20 wrecker company registered under chapter 508 person regularly
21 engaged in the business of towing vehicles or vessels, without
22 liability for the costs of removal, transportation, or storage
23 or damages caused by the such removal, transportation, or
24 storage, under any of the following circumstances:
25 (a) The towing or removal of any vehicle or vessel
26 from real private property without the consent of the
27 registered owner or other legally authorized person in control
28 of that vehicle or vessel is subject to strict compliance with
29 the following conditions and restrictions:
30 1.a. Any towed or removed vehicle or vessel must be
31 stored at a storage facility site within a 10-mile radius of
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1 the point of removal in any county with a population of
2 500,000 population or more, and within a 15-mile radius of the
3 point of removal in any county with a population of fewer less
4 than 500,000 population. The wrecker company's storage
5 facility That site must be open for the purpose of redemption
6 of vehicles and vessels on any day that the wrecker company
7 person or firm towing the such vehicle or vessel is open for
8 towing purposes, from 8 8:00 a.m. to 6 6:00 p.m., and, when
9 closed, must shall have prominently posted a sign indicating a
10 telephone number where the operator of the storage facility
11 site can be reached at all times. Upon receipt of a telephoned
12 request to open the storage facility site to redeem a vehicle
13 or vessel, the operator shall return to the storage facility
14 site within 1 hour or she or he is will be in violation of
15 this section.
16 b. If no wrecker company towing business providing
17 such service is located within the area of towing limitations
18 set forth in sub-subparagraph a., the following limitations
19 apply: any towed or removed vehicle or vessel must be stored
20 at a storage facility site within a 20-mile radius of the
21 point of removal in any county with a population of 500,000
22 population or more, and within a 30-mile radius of the point
23 of removal in any county with a population of fewer less than
24 500,000 population.
25 2. The wrecker company person or firm towing or
26 removing the vehicle or vessel shall, within 30 minutes after
27 completion of the such towing or removal, notify the municipal
28 police department or, in an unincorporated area, the sheriff,
29 of the such towing or removal, the location of the storage
30 facility site, the time the vehicle or vessel was towed or
31 removed, and the make, model, color, and license plate number
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1 of the vehicle or the make, model, color, and registration
2 number of the vessel. The wrecker company or description and
3 registration number of the vessel and shall also obtain the
4 name of the person at the police that department or sheriff's
5 office to whom such information is was reported and note that
6 name on the trip record.
7 3. A wrecker operator person in the process of towing
8 or removing a vehicle or vessel from the premises or parking
9 lot in which the vehicle or vessel is not lawfully parked
10 without permission must stop when a person seeks the return of
11 the vehicle or vessel. The vehicle or vessel must be returned
12 upon the payment of a reasonable service fee of not more than
13 one-half of the posted rate for the towing or removal service
14 as provided in subparagraph 6. The vehicle or vessel may be
15 towed or removed if, after a reasonable opportunity, the owner
16 or legally authorized person in control of the vehicle or
17 vessel is unable to pay the service fee or refuses to remove
18 the vehicle or vessel that is parked without permission. If
19 the vehicle or vessel is redeemed, a detailed signed receipt
20 must be given to the person redeeming the vehicle or vessel.
21 4. A wrecker company, a wrecker operator, or another
22 employee or agent of a wrecker company person may not pay or
23 accept money or other valuable consideration for the privilege
24 of towing or removing vehicles or vessels from a particular
25 location.
26 5. Except for property appurtenant to and obviously a
27 part of a single-family residence, and except for instances
28 when notice is personally given to the owner or other legally
29 authorized person in control of the vehicle or vessel that the
30 area in which that vehicle or vessel is parked is reserved or
31 otherwise unavailable for unauthorized vehicles or vessels and
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1 that the vehicle or vessel is subject to being removed at the
2 owner's or operator's expense, any property owner or lessee,
3 or person authorized by the property owner or lessee, before
4 prior to towing or removing any vehicle or vessel from real
5 private property without the consent of the owner or other
6 legally authorized person in control of that vehicle or
7 vessel, must post a notice meeting the following requirements:
8 a. The notice must be prominently placed at each
9 driveway access or curb cut allowing vehicular access to the
10 property, within 5 feet from the public right-of-way line. If
11 there are no curbs or access barriers, at least one sign the
12 signs must be posted not less than one sign for each 25 feet
13 of lot frontage.
14 b. The notice must clearly indicate, in at least not
15 less than 2-inch high, light-reflective letters on a
16 contrasting background, that unauthorized vehicles will be
17 towed away at the owner's expense. The words "tow-away zone"
18 must be included on the sign in at least not less than 4-inch
19 high letters.
20 c. The notice must also provide the name and current
21 telephone number of the wrecker company person or firm towing
22 or removing the vehicles or vessels.
23 d. The sign structure containing the required notices
24 must be permanently installed with the words "tow-away zone"
25 not less than 3 feet and not more than 6 feet above ground
26 level and must be continuously maintained on the property for
27 not less than 24 hours prior to the towing or removal of any
28 vehicles or vessels.
29 e. The local government may require permitting and
30 inspection of these signs prior to any towing or removal of
31 vehicles or vessels being authorized.
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1 f. A business with 20 or fewer parking spaces
2 satisfies the notice requirements of this subparagraph by
3 prominently displaying a sign stating, "Reserved Parking for
4 Customers Only. Unauthorized Vehicles or Vessels Will be Towed
5 Away At the Owner's Expense," in at least not less than 4-inch
6 high, light-reflective letters on a contrasting background.
7 g. A property owner towing or removing vessels from
8 real property must post notice, consistent with the
9 requirements in sub-subparagraphs a.-f., which apply to
10 vehicles, that unauthorized vehicles or vessels will be towed
11 away at the owner's expense.
12
13 A business owner or lessee may authorize the removal of a
14 vehicle or vessel by a wrecker towing company registered under
15 chapter 508 when no tow-away sign is posted if the vehicle or
16 vessel is parked in such a manner that restricts the normal
17 operation of business.; and If a vehicle or vessel parked on a
18 public right-of-way obstructs access to a private driveway
19 when no tow-away sign is posted, the owner or, lessee of the
20 driveway, or the owner's or lessee's agent may have the
21 vehicle or vessel removed by a wrecker towing company
22 registered under chapter 508 upon signing an order that the
23 vehicle or vessel be removed without a posted tow-away zone
24 sign.
25 6. Each wrecker company Any person or firm that tows
26 or removes vehicles or vessels and proposes to require an
27 owner, operator, or person in control of a vehicle or vessel
28 to pay the costs of towing and storage prior to redemption of
29 the vehicle or vessel must file and keep on record with the
30 local law enforcement agency a complete copy of the current
31 rates to be charged for the such services and post at the
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1 wrecker company's storage facility site an identical rate
2 schedule and any written contracts with property owners,
3 lessees, or persons in control of real property that which
4 authorize the wrecker company such person or firm to remove
5 vehicles or vessels as provided in this section.
6 7. Each wrecker company Any person or firm towing or
7 removing any vehicles or vessels from real private property
8 without the consent of the owner or other legally authorized
9 person in control of the vehicles or vessels shall, on each
10 wrecker any trucks, wreckers as defined in s. 320.01 s.
11 713.78(1)(c), or other vehicles used in the towing or removal,
12 have the name, address, and telephone number of the wrecker
13 company performing such service clearly printed in contrasting
14 colors on the driver and passenger sides of the wrecker
15 vehicle. The name must shall be in at least 3-inch permanently
16 affixed letters, and the address and telephone number must
17 shall be in at least 1-inch permanently affixed letters.
18 8. Vehicle or vessel entry for the purpose of towing
19 or removing the vehicle or vessel is shall be allowed with
20 reasonable care on the part of the wrecker company and the
21 wrecker operators person or firm towing the vehicle or vessel.
22 A wrecker company, its wrecker operators, and other employees
23 or agents of the wrecker company are not Such person or firm
24 shall be liable for any damage occasioned to the vehicle or
25 vessel if such entry into the vehicle or vessel is performed
26 not in accordance with the standard of reasonable care.
27 9. When a vehicle or vessel is has been towed or
28 removed under pursuant to this section, the wrecker company it
29 must release the vehicle or vessel be released to its owner or
30 an agent of the owner custodian within one hour after
31 requested. Any vehicle or vessel owner or the owner's agent
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1 has shall have the right to inspect the vehicle or vessel
2 before accepting its return. A wrecker company may not require
3 any vehicle or vessel owner, custodian, or agent to, and no
4 release the wrecker company or waiver of any kind which would
5 release the person or firm towing the vehicle or vessel from
6 liability for damages noted by the owner or other legally
7 authorized person at the time of the redemption may be
8 required from any vehicle or vessel owner, custodian, or agent
9 as a condition of release of the vehicle or vessel to its
10 owner. A wrecker company must give a person paying towing and
11 storage charges under this section a detailed, signed receipt
12 showing the legal name of the wrecker company or person towing
13 or removing the vehicle or vessel must be given to the person
14 paying towing or storage charges at the time of payment,
15 whether requested or not.
16 (b) The These requirements of this subsection are
17 minimum standards and do not preclude enactment of additional
18 regulations by any municipality or county, including the
19 regulation of right to regulate rates when vehicles or vessels
20 are towed from real private property.
21 (3) This section does not apply to vehicles or vessels
22 that are reasonably identifiable from markings as law
23 enforcement, firefighting, rescue squad, ambulance, or other
24 emergency vehicles or vessels that are marked as such or to
25 property owned by any governmental entity.
26 (4) When a person improperly causes a vehicle or
27 vessel to be removed, that such person is shall be liable to
28 the owner or lessee of the vehicle or vessel for the cost of
29 removal, transportation, and storage; any damages resulting
30 from the removal, transportation, or storage of the vehicle or
31 vessel; attorney's fees; and court costs.
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1 (5) Failure to make good faith efforts to comply with
2 the notice requirements in subparagraph (2)(a)5. precludes the
3 imposition of any towing or storage charges against the
4 vehicle or vessel.
5 (6)(5)(a) Any person who violates subparagraph
6 (2)(a)2. or subparagraph (2)(a)6. commits a misdemeanor of the
7 first degree, punishable as provided in s. 775.082 or s.
8 775.083.
9 (b) Any person who violates subparagraph (2)(a)1.,
10 subparagraph (2)(a)3., subparagraph (2)(a)4., subparagraph
11 (2)(a)7., or subparagraph (2)(a)9. commits a felony of the
12 third degree, punishable as provided in s. 775.082, s.
13 775.083, or s. 775.084.
14 Section 21. Effective January 1, 2008, subsection (15)
15 of section 1.01, Florida Statutes, is repealed.
16 Section 22. The sum of $693,000 is appropriated from
17 the General Inspection Trust Fund to the Department of
18 Agriculture and Consumer Services, and nine additional
19 full-time-equivalent positions and associated salary rate of
20 304,446 are authorized, for the purpose of implementing this
21 act during the 2007-2008 fiscal year.
22 Section 23. Except as otherwise expressly provided in
23 this act, this act shall take effect July 1, 2007.
24
25
26 ================ T I T L E A M E N D M E N T ===============
27 And the title is amended as follows:
28 Delete everything before the enacting clause
29
30 and insert:
31 A bill to be entitled
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1 An act relating to wrecker services; creating
2 chapter 508, F.S.; providing for regulatory
3 oversight of wrecker services by the Department
4 of Agriculture and Consumer Services; creating
5 s. 508.101, F.S.; providing definitions;
6 creating s. 508.102, F.S.; creating the Wrecker
7 Operator Advisory Council within the Department
8 of Agriculture and Consumer Services; directing
9 the council to prepare recommendations relating
10 to education and training and present the
11 recommendations to the Legislature and the
12 Commissioner of Agriculture; providing for
13 membership, terms, and organization; providing
14 for meeting procedures and recordkeeping;
15 providing for reimbursement for travel and per
16 diem expenses; directing the department to
17 provide support services for the council;
18 directing the council to review rules adopted
19 by the department and to advise the department
20 on certain matters relating to the wrecker
21 industry; creating s. 508.103, F.S.;
22 authorizing the department to adopt rules;
23 creating s. 508.105, F.S.; requiring wrecker
24 companies to register annually with the
25 department; providing for the registration
26 application; providing for processing of
27 fingerprints by the Department of Law
28 Enforcement; requiring fees for processing;
29 providing for issuance of registration
30 certificate; requiring display of the
31 certificate; providing requirements for
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1 advertisements; requiring notification of
2 changes in registration information; requiring
3 certain fees to be paid; requiring certain
4 companies to obtain a local business tax
5 receipt prior to registration renewal;
6 requiring insurance coverage; requiring the
7 department to notify the Department of Highway
8 Safety and Motor Vehicles when a registration
9 has been suspended or revoked; creating s.
10 508.106, F.S.; authorizing the Department of
11 Agriculture and Consumer Services to deny,
12 revoke, or refuse to renew the registration of
13 a wrecker company under certain circumstances;
14 creating s. 508.1061, F.S.; requiring a wrecker
15 company to accept certain forms of payment;
16 creating s. 508.107, F.S.; prohibiting certain
17 acts; creating ss. 508.108 and 508.109, F.S.;
18 providing administrative and civil penalties;
19 creating s. 508.110, F.S.; providing for
20 registration and renewal fees; creating s.
21 508.111, F.S.; providing for deposit and use of
22 fees, penalties, and other funds; creating s.
23 508.112, F.S.; providing that the chapter does
24 not apply to recovery agents; creating s.
25 508.113, F.S.; authorizing counties and
26 municipalities to enact ordinances governing
27 wrecker operators; providing for the department
28 to enter into a cooperative agreement with a
29 county or municipality for the referral,
30 investigation, and prosecution of consumer
31 complaints or enforcement of specified wrecker
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1 services provisions; creating s. 508.114, F.S.;
2 requiring that a wrecker company maintain
3 records of its services; creating s. 508.104,
4 F.S.; prohibiting a person from owning,
5 operating, or otherwise engaging in the
6 business of a wrecker company without first
7 registering with the department; requiring
8 registration prior to issuance or renewal of
9 local business tax receipt; excluding certain
10 motor vehicle repair shops and dealers;
11 creating s. 508.116, F.S.; providing criminal
12 penalties; amending s. 120.80, F.S.; providing
13 for appointment of a hearing officer by the
14 director of the Division of the Florida Highway
15 Patrol when a hearing is held to deny, suspend,
16 or remove a wrecker company from participating
17 in the wrecker allocation system; creating s.
18 205.1977, F.S.; prohibiting a county or
19 municipality from issuing or renewing a
20 business tax receipt for a wrecker company that
21 is not registered with the Department of
22 Agriculture and Consumer Services; amending s.
23 316.530, F.S., relating to towing requirements;
24 conforming terminology; amending s. 320.01,
25 F.S.; redefining the term "wrecker" for
26 purposes of the Florida Statutes; amending s.
27 320.03, F.S., relating to withholding the motor
28 vehicle registration plate or revalidation
29 sticker; providing for application of
30 provisions to wrecker companies rather than
31 wrecker operators; amending s. 320.0706, F.S.;
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1 requiring a wrecker to display the registration
2 license plate only on its front; amending s.
3 320.0821, F.S.; revising requirements for the
4 issuance of wrecker license plates; requiring
5 the license plate to be displayed on the front
6 of the wrecker; amending s. 320.13, F.S.,
7 relating to dealer license plates; conforming
8 terminology; reenacting ss. 316.550(4)(a) and
9 (9) and 320.08(5)(d) and (e), F.S., relating to
10 special wrecker permits and license taxes, to
11 incorporate the amendment to s. 320.01, F.S.,
12 in references thereto; amending s. 321.051,
13 F.S.; revising provisions for the Florida
14 Highway Patrol wrecker operator system;
15 changing the designation to "wrecker allocation
16 system"; providing definitions; revising
17 provisions that authorize the Division of the
18 Florida Highway Patrol within the Department of
19 Highway Safety and Motor Vehicles to establish
20 the system; revising requirements for the
21 system; limiting the system to using certain
22 registered wrecker companies; revising wrecker
23 eligibility requirements; revising provisions
24 for procedures for appeal of final orders by
25 the department denying, suspending, or revoking
26 eligibility to participate; prohibiting an
27 unauthorized wrecker company and wrecker
28 operators dispatched by an unauthorized company
29 from engaging in certain activities; requiring
30 those operators to disclose certain information
31 to the owner or operator of a wrecked or
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1 disabled vehicle prior to towing; providing
2 penalties; providing for a law enforcement
3 officer to dispatch an authorized wrecker
4 company other than a company requested by the
5 vehicle owner or operator or to dispatch a
6 company out of rotation; amending s. 323.001,
7 F.S.; revising procedures for placement of a
8 hold on a vehicle at a storage facility;
9 providing for placement of a hold by a law
10 enforcement agency; providing definitions;
11 revising provisions for payment of towing and
12 storage charges; revising rate limitation
13 provisions; amending s. 323.002, F.S.; revising
14 provisions for county and municipal wrecker
15 operator systems; changing the designation to
16 "wrecker allocation systems"; providing
17 definitions; limiting the systems to using
18 certain registered wrecker companies;
19 prohibiting an unauthorized wrecker company and
20 wrecker operators dispatched by an unauthorized
21 company from engaging in certain activities;
22 requiring those operators to disclose certain
23 information to the owner or operator of a
24 wrecked or disabled vehicle prior to towing;
25 providing penalties; providing for a law
26 enforcement officer to dispatch an authorized
27 wrecker company other than a company requested
28 by the vehicle owner or operator or to dispatch
29 a company out of rotation; amending s. 713.78,
30 F.S.; providing for claim of lien by a wrecker
31 company for recovering, removing, or storing a
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1 vehicle or vessel; conforming provisions to
2 changes made by the act; providing definitions;
3 requiring notification to the vehicle or vessel
4 owners, insurers, and lienholders; providing
5 for a law enforcement agency to obtain
6 information from the Department of Highway
7 Safety and Motor Vehicles and provide the
8 information to the wrecker company; providing
9 notice procedures; providing for content of the
10 notice; providing for notice to the agency of
11 jurisdiction if the vehicle or vessel owner or
12 lienholder cannot be identified; revising
13 procedures for complaint by the vehicle or
14 vessel owner; providing for release of the
15 vehicle or vessel; requiring damages,
16 attorney's fees, and costs to be awarded by the
17 court; requiring immediate payment of recovery,
18 towing, and storage fees to be ordered by the
19 court; providing for notice and sale of the
20 vehicle or vessel by the wrecker company;
21 providing for distribution of proceeds;
22 providing for discharge of liens and issuance
23 of certificate of title; providing immunity
24 from liability for a wrecker company, its
25 operators, and other employees or agents under
26 certain conditions; providing for a presumption
27 of the use of reasonable care; requiring
28 wrecker company information to be printed on
29 the wrecker; specifying that failure to make
30 good faith, best efforts to comply with notice
31 requirements precludes imposition of storage
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1 charges; requiring a wrecker company to provide
2 access to the vehicle or vessel; requiring
3 release of the vehicle, vessel, or personal
4 property to the owner or agent of the owner;
5 requiring the wrecker company to obtain a
6 certificate of destruction in lieu of a
7 certificate of title when the vehicle or vessel
8 is to be dismantled, destroyed, or changed in
9 such a manner that it is not the motor vehicle
10 or vessel described in the certificate of
11 title; providing for issuance of the
12 certificate of destruction by the county tax
13 collector; providing requirements for
14 application for the certificate of destruction;
15 providing for reassignment of the certificate
16 of destruction; authorizing the Department of
17 Highway Safety and Motor Vehicles to adopt
18 rules; providing penalties for specified
19 violations; authorizing the Department of
20 Highway Safety and Motor Vehicles to inspect
21 wrecker company records; directing the
22 Department of Highway Safety and Motor
23 Vehicles, upon notice of lien from a wrecker
24 company, to place the name of the owner of the
25 vehicle or vessel on the list of those persons
26 who may not be issued a license plate or
27 revalidation sticker for a motor vehicle;
28 providing for forms for the notice of lien;
29 providing for dispute by the owner; providing
30 for the owner's name to be removed from the
31 list of those persons who may not be issued a
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1 license plate or revalidation sticker for a
2 motor vehicle; providing for lien expiration;
3 requiring a certificate of discharge to be
4 issued by the wrecker company; providing for
5 certain fees and charges; providing for
6 application and exceptions; clarifying that the
7 amendments made by the act do not affect the
8 validity of prior liens; amending s. 715.07,
9 F.S., revising provisions for the towing and
10 storage of vehicles and vessels parked on real
11 property without permission; providing
12 definitions; providing requirements for storage
13 facility operation; providing requirements for
14 a wrecker company, its operators, and other
15 employees or agents; prohibiting a wrecker
16 company, a wrecker operator, or another
17 employee or agent of a wrecker company from
18 paying or accepting payment for the privilege
19 of removing vehicles or vessels from a
20 particular location; revising requirements for
21 tow-away signs to be posted by property owners;
22 requiring a wrecker company to maintain rate
23 schedules with the local law enforcement agency
24 and to post rates and contracts at its storage
25 facility; revising requirements for certain
26 signage on a wrecker; providing immunity from
27 liability for a wrecker company, its operators,
28 and other employees or agents if entry into the
29 vehicle or vessel is performed with reasonable
30 care; revising provisions for release of the
31 vehicle or vessel; providing that failure to
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1 comply with notice requirements precludes a
2 wrecker company from imposing certain towing or
3 storage charges; providing penalties; repealing
4 s. 1.01(15), F.S., relating to the definition
5 of the term "wrecker operator"; providing an
6 appropriation and authorizing additional
7 positions; providing effective dates.
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