Florida Senate - 2007                      COMMITTEE AMENDMENT
    Bill No. SB 612
                        Barcode 541746
                            CHAMBER ACTION
              Senate                               House
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 1           Comm: FAV             .                    
       03/19/2007 08:17 AM         .                    
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11  The Committee on Community Affairs (Crist) recommended the
12  following substitute for amendment (474546):
13  
14         Senate Amendment (with title amendment) 
15         On page 13, line 16, through
16            page 30, line 16, delete those lines
17  
18  and insert:  
19         508.102  Wrecker Operator Advisory Council.--
20         (1)  The Wrecker Operator Advisory Council is created
21  within the department. The council shall advise and assist the
22  department in administering this chapter.
23         (2)(a)  The council shall be composed of seven members
24  appointed by the Commissioner of Agriculture.
25         (b)  Four members, two of whom operate three trucks or
26  fewer, of the council must each be an ultimate equitable owner
27  of a wrecker company who has been an ultimate equitable owner
28  of that company for at least 5 years before his or her
29  appointment; one member must be a wrecker operator who is not
30  an ultimate equitable owner of a wrecker company and who has
31  been a wrecker operator for at least 5 years before his or her
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Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 612 Barcode 541746 1 appointment; and two members must be laypersons. Each member 2 must be a resident of this state. This paragraph expires July 3 1, 2013. 4 (c) Effective July 1, 2013, four members, two of whom 5 operate three trucks or fewer, of the council must each be an 6 ultimate equitable owner of a wrecker company registered under 7 this chapter who has been an ultimate equitable owner of that 8 company registered for at least 5 years before his or her 9 appointment; one member must be a wrecker operator certified 10 under this chapter who is not an ultimate equitable owner of a 11 wrecker company and who has been a certified wrecker operator 12 for at least 5 years before his or her appointment; and two 13 members must be laypersons. Each member must be a resident of 14 this state. 15 (3) The term of each member of the council is 4 years, 16 except, in order to establish staggered terms, two members who 17 are owners of wrecker companies and one layperson shall be 18 appointed initially for a 2-year term. Members may be 19 reappointed for additional terms that may not exceed 8 years 20 of consecutive service. A vacancy shall be filled for the 21 remainder of the unexpired term in the same manner as the 22 original appointment. 23 (4)(a) From among its members, the council shall 24 annually elect a chair, who shall preside over the meetings of 25 the council, and a vice chair. 26 (b) In conducting its meetings, the council shall use 27 accepted rules of procedure. The department shall keep a 28 complete record of each meeting showing the names of members 29 present and the actions taken. These records and other 30 documents regarding matters within the jurisdiction of the 31 council must be kept on file with the department. 2 1:44 PM 03/13/07 s0612c-ca12-e3r
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 612 Barcode 541746 1 (5) The members of the council shall serve without 2 compensation, but are entitled to reimbursement of travel and 3 per diem expenses under s. 112.061. 4 (6) The department shall provide administrative and 5 staff support services relating to the functions of the 6 council. 7 (7) The council shall review the rules adopted by the 8 department to administer this chapter and shall advise the 9 department on matters relating to industry standards and 10 practices and other issues that require technical expertise 11 and consultation or that promote better consumer protection in 12 the wrecker industry. 13 508.103 Rulemaking authority.--The department may 14 adopt rules under ss. 120.536(1) and 120.54 to administer this 15 chapter. 16 508.105 Registration requirements; renewal of 17 registrations.-- 18 (1) Each wrecker company engaged or attempting to 19 engage for hire in the business of towing, carrying, or 20 transporting vehicles or vessels by wrecker upon the streets 21 and highways of this state must annually register with the 22 department on forms prescribed by the department. The 23 application for registration must include at least the 24 following information: 25 (a) The name and federal employer identification 26 number of the wrecker company. 27 (b) The mailing address, physical address, and 28 telephone number of the wrecker company's primary place of 29 business. 30 (c) The fictitious name under which the wrecker 31 company transacts business in this state. 3 1:44 PM 03/13/07 s0612c-ca12-e3r
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 612 Barcode 541746 1 (d) The full name, residence address, business 2 address, and telephone number of the applicant. If the 3 applicant is other than a natural person, the application must 4 also contain the full name, residence address, business 5 address, telephone number, and federal employer identification 6 number, if applicable, of each ultimate equitable owner of the 7 business entity and each officer, director, partner, manager, 8 member, or managing member of the entity. 9 (e) If the applicant is other than a natural person, 10 the full name of the business entity's registered agent and 11 the address of the registered office for service of process. 12 (f) The physical address and telephone number of each 13 business location and each storage facility where the wrecker 14 company stores towed vehicles or vessels. 15 (2) Each initial and renewal application for 16 registration must be accompanied by the registration fee 17 prescribed in s. 508.116. 18 (3) Each initial application for registration must be 19 accompanied by a complete set of the applicant's fingerprints 20 taken by a law enforcement agency. If the applicant is other 21 than a natural person, a complete set of fingerprints must be 22 filed for each ultimate equitable owner of the business entity 23 and each officer, director, partner, manager, member, or 24 managing member of the entity. The department shall submit the 25 fingerprints to the Department of Law Enforcement for state 26 processing, and the Department of Law Enforcement shall 27 forward the fingerprints to the Federal Bureau of 28 Investigation for national processing. The applicant must also 29 pay the Department of Law Enforcement a fingerprint-processing 30 fee of $23 for state processing, and the amount of the fee 31 charged by the Federal Bureau of Investigation for federal 4 1:44 PM 03/13/07 s0612c-ca12-e3r
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 612 Barcode 541746 1 processing, for each applicant's name submitted. Registration 2 renewal applications need not be accompanied by a set of 3 fingerprints for an individual who previously submitted a set 4 of fingerprints to the department as part of a prior year's 5 registration application. 6 (4) The department shall review each application in 7 accordance with s. 120.60 and shall issue a registration 8 certificate, in the form and size prescribed by the 9 department, to each wrecker company whose application is 10 approved. The certificate must show at least the name and 11 address of the wrecker company and the registration number. 12 The registration certificate must be prominently displayed in 13 the wrecker company's primary place of business. 14 (5) Each advertisement of a wrecker company must 15 include the phrase "Fla. Wrecker Co. Reg. No. ." For the 16 purpose of this subsection, the term "advertisement" means a 17 printed or graphic statement made in a newspaper or other 18 publication or contained in any notice, handbill, or sign, 19 including signage on a vehicle, flyer, catalog, or letter. 20 (6) A registration is invalid for a wrecker company 21 transacting business at a place other than the location 22 specified in the registration application unless the 23 department is first notified in writing before the change of 24 location. A registration issued under this chapter is not 25 transferable or assignable, and a wrecker company may not 26 conduct business under a name other than the name registered. 27 A wrecker company desiring to change its registered name, 28 location, or registered agent for service of process at a time 29 other than upon renewal of registration must notify the 30 department of the change. 31 (7)(a) Each registration must be renewed annually on 5 1:44 PM 03/13/07 s0612c-ca12-e3r
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 612 Barcode 541746 1 or before the expiration date of the current registration. A 2 late fee of $25 must be paid, in addition to the registration 3 fee or any other penalty, for a registration renewal 4 application that is received by the department after the 5 expiration date of the current registration. The department 6 may not issue a registration until all fees are paid. 7 (b) A wrecker company whose primary place of business 8 is located within a county or municipality that requires, by 9 local ordinance, a local business tax receipt under chapter 10 205 may not renew a registration under this chapter unless the 11 wrecker company obtains the business tax receipt from the 12 county or municipality. 13 (8) Each wrecker company must provide the department 14 with a certificate of insurance for the insurance coverage 15 required under s. 627.7415 before the department may issue the 16 certificate for an initial or renewal registration. The 17 department must be named as a certificateholder on the 18 insurance certificate and must be notified at least 30 days 19 before any change in insurance coverage. 20 (9) The department shall notify the Department of 21 Highway Safety and Motor Vehicles when a registration issued 22 under this chapter has been suspended or revoked by order of 23 the department. Notification must be sent within 10 days after 24 the department issues the suspension or revocation order. 25 508.106 Denial of registration.--The department may 26 deny, revoke, or refuse to renew the registration of a wrecker 27 company based upon a determination that the applicant or, if 28 the applicant is other than a natural person, the wrecker 29 company or any of its ultimate equitable owners, officers, 30 directors, partners, managers, members, or managing members 31 has: 6 1:44 PM 03/13/07 s0612c-ca12-e3r
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 612 Barcode 541746 1 (1) Not met the requirements for registration under 2 this chapter; 3 (2) Been convicted or found guilty of, regardless of 4 adjudication, or pled guilty or nolo contendere to, a felony 5 within the last 10 years; 6 (3) Been convicted or found guilty of, regardless of 7 adjudication, or pled guilty or nolo contendere to, a crime 8 within the last 10 years involving repossession of a motor 9 vehicle under chapter 493, repair of a motor vehicle under ss. 10 559.901-559.9221, theft of a motor vehicle under s. 812.014, 11 carjacking under s. 812.133, operation of a chop shop under s. 12 812.16, failure to maintain records of motor vehicle parts and 13 accessories under s. 860.14, violations relating to airbags 14 under s. 860.145 or use of fake airbags under s. 860.146, 15 overcharging for repairs and parts under s. 860.15, or a 16 violation of towing or storage requirements for a motor 17 vehicle under this chapter, s. 321.051, chapter 323, s. 18 713.78, or s. 715.07; 19 (4) Not satisfied a civil fine or penalty arising out 20 of an administrative or enforcement action brought by the 21 department, another governmental agency, or a private person 22 based upon conduct involving a violation of this chapter; 23 (5) Pending against him or her a criminal, 24 administrative, or enforcement proceeding in any jurisdiction 25 based upon conduct involving a violation of this chapter; or 26 (6) Had a judgment entered against him or her in an 27 action brought by the department under this chapter. 28 508.1061 Acceptable forms of payment.--A wrecker 29 company shall accept a minimum of two of the three following 30 forms of payment: 31 (1) Cash, cashier's check, money order, or traveler's 7 1:44 PM 03/13/07 s0612c-ca12-e3r
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 612 Barcode 541746 1 check. 2 (2) Valid personal check, showing upon its face the 3 name and address of the vehicle or vessel owner or authorized 4 representative. 5 (3) Valid credit card, including, but not limited to, 6 Visa or MasterCard. 7 508.107 Wrecker operator certification program.-- 8 (1) The department, in consultation with the council, 9 shall establish a wrecker operator certification program by 10 December 31, 2007. Under this program, the department shall 11 approve certification courses for wrecker operators conducted 12 by approved organizations. The department shall prescribe the 13 minimum curricula for these courses, including instruction for 14 operators of light duty, medium duty, and rollback trucks, 15 which must be at least a 16-hour course for light duty, medium 16 duty, and rollback wreckers. Included in the course must be 17 instruction in towing and winching a passenger vehicle and 18 uprighting an overturned passenger vehicle, including the 19 proper use of chains, wire rope, and straps; towing and 20 winching a medium-sized commercial vehicle and uprighting an 21 overturned medium-sized commercial vehicle; and proper 22 loading, securing, transporting, and unloading of a vehicle on 23 a flatbed-rollback wrecker. Such instruction must be equally 24 apportioned between theoretical instruction and practical 25 training. This class shall be 16 hours and should be taken 26 within the first 6 months after employment. The department 27 must approve each organization and its certification course 28 before the course is accepted for certification of wrecker 29 operators under this chapter. 30 (2) Each approved wrecker operator certification 31 course must include a certification examination demonstrating 8 1:44 PM 03/13/07 s0612c-ca12-e3r
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 612 Barcode 541746 1 a wrecker operator's knowledge, skills, and abilities in 2 performing wrecker services and proficiency in the subject 3 matter of the certification course. The department must 4 approve each certification examination before the examination 5 is accepted for certification of wrecker operators under this 6 chapter. 7 (3) Each organization conducting an approved wrecker 8 operator certification course must issue on forms prescribed 9 by the department a certificate to each wrecker operator who 10 completes the approved certification course and passes the 11 approved certification examination. 12 508.108 Specialized wrecker services.-- 13 (1) In addition to the minimum curricula for 14 certification of wrecker operators, approved certification 15 courses may offer optional instruction, training, and 16 examination of wrecker operators for each of the following 17 specialized wrecker services: 18 (a) Heavy and ultra-heavy duty.--Towing and winching a 19 standard large-sized commercial vehicle and uprighting an 20 overturned standard large-sized commercial vehicle; towing and 21 winching a specialty large-sized commercial vehicle or another 22 complex vehicle and uprighting an overturned specialty 23 large-sized commercial vehicle or another complex vehicle. 24 This class shall be 16 hours and should be taken within the 25 first year of employment. 26 (b) Hazardous materials.--Awareness of hazardous 27 materials. Instruction and training for this wrecker service 28 must comprise at least 8 hours in order to be approved. 29 (c) Air cushions.--Proper use of air cushions in the 30 recovery of a heavy-duty vehicle. 31 (2) The department shall adopt rules prescribing 9 1:44 PM 03/13/07 s0612c-ca12-e3r
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 612 Barcode 541746 1 specific standards to further define each of the specialized 2 wrecker services described in subsection (1). The department, 3 in consultation with the council, must approve the 4 instruction, training, and examination for a specialized 5 wrecker service before the specialized wrecker service is 6 accepted for endorsement of a wrecker operator's certification 7 under this chapter. 8 (3) Each organization conducting an approved wrecker 9 operator certification course must issue on forms prescribed 10 by the department a certificate to each wrecker operator who 11 completes the approved instruction and training for a 12 specialized wrecker service and passes the approved 13 endorsement examination for that specialized wrecker service. 14 508.109 Certification cards.-- 15 (1) Each organization conducting an approved wrecker 16 operator certification course must issue a certification card 17 to each wrecker operator who completes the approved 18 certification course and passes the approved certification 19 examination. The department must approve the form of the 20 certification cards issued by each organization. Each 21 certification card must include the wrecker operator's name, a 22 color photograph or digital image of the wrecker operator, and 23 the expiration date of the certification card. 24 (2) Each certification card must also include the 25 wrecker operator's applicable endorsements for those 26 specialized wrecker services for which the wrecker operator 27 has completed the approved instruction and training and passed 28 the approved endorsement examination. 29 (3)(a) The department may adopt rules governing the 30 issuance of a certification card to a wrecker operator who: 31 1. Completes a certification course and passes a 10 1:44 PM 03/13/07 s0612c-ca12-e3r
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 612 Barcode 541746 1 certification examination in another state, which course and 2 examination are substantially equivalent to the approved 3 certification courses and approved certification examinations 4 in this state. 5 2. Completed a certification course and passed a 6 certification examination in this state between January 1, 7 2003, and December 31, 2007, which course and examination are 8 substantially equivalent to the approved certification courses 9 and the approved certification examinations. This subparagraph 10 expires July 1, 2008. 11 3. Completed instruction and training for a 12 specialized wrecker service and passed an endorsement 13 examination for that specialized wrecker service between 14 January 1, 2003, and December 31, 2007, which instruction, 15 training, and examination are substantially equivalent to the 16 approved instruction and training and the approved endorsement 17 examinations. This subparagraph expires July 1, 2008. 18 (b) For the purposes of this subsection, the 19 department shall approve each certification examination in 20 another state, and shall approve the instruction, training, 21 and examination for each specialized wrecker service in 22 another state, which the department determines are 23 substantially equivalent to the approved certification courses 24 and approved certification examinations in this state or to 25 the approved instruction, training, and endorsement 26 examinations for a specialized wrecker service in this state. 27 (4) Each certification card expires 5 years after the 28 date of issuance. 29 (5) Certification cards shall be issued by the 30 organizations conducting approved wrecker operator 31 certification courses. The department is not responsible for 11 1:44 PM 03/13/07 s0612c-ca12-e3r
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 612 Barcode 541746 1 issuing certification cards or for the costs associated with 2 the issuance of certification cards. 3 508.111 Renewal of certification; continuing education 4 requirements.-- 5 (1) The department, in consultation with the council, 6 shall establish a continuing education program for the 7 recertification of wrecker operators by December 31, 2008. In 8 order to renew a wrecker operator's certification card, an 9 operator must complete 4 hours of continuing education every 5 10 years. The department must prescribe the minimum curricula and 11 proper examination for each continuing education course, each 12 of which must be at least 4 hours in length. The department 13 shall approve each organization, and the continuing education 14 course it proposes to offer, before the course is approved for 15 recertifying wrecker operators. Coursework may be completed in 16 a classroom setting or, if available, online. 17 (2) Each organization conducting an approved wrecker 18 operator continuing education course must issue, on forms 19 prescribed by the department, a certificate to each wrecker 20 operator who completes the approved course and passes an 21 approved recertification examination. 22 508.112 Prohibited acts.--It is a violation of this 23 chapter for a person to: 24 (1) Charge rates that exceed the maximum rates imposed 25 by the ordinances of the respective county or municipality 26 under s. 125.0103(1)(c) or s. 166.043(1)(c). 27 (2) Violate s. 321.051, relating to the Florida 28 Highway Patrol wrecker-allocation system. 29 (3) Violate s. 323.002, relating to county and 30 municipal wrecker allocation systems. 31 (4) Violate s. 713.78, relating to liens for 12 1:44 PM 03/13/07 s0612c-ca12-e3r
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 612 Barcode 541746 1 recovering, towing, or storing vehicles and vessels. 2 (5) Violate s. 715.07, relating to towing or removing 3 vehicles and vessels parked on real property without 4 permission. 5 (6) Refuse to allow a law enforcement officer to 6 inspect a towing and storage facility as required in s. 7 812.055. 8 (7) Allow a person who is not certified as a wrecker 9 operator under this chapter to perform wrecker services or 10 specialized wrecker services for the wrecker company for more 11 than 6 months after first being employed by, or becoming an 12 ultimate equitable owner of, the wrecker company. 13 (8) Allow a wrecker operator certified under this 14 chapter to perform a specialized wrecker service for the 15 wrecker company if the wrecker operator's certification does 16 not include an endorsement for that specialized wrecker 17 service. 18 (9) Perform an act otherwise prohibited by this 19 chapter or fail to perform an act otherwise required by this 20 chapter. 21 508.113 Administrative penalties; inspection of 22 records.-- 23 (1) The department may take one or more of the 24 following actions if the department finds that a person has 25 violated this chapter or the rules or orders issued under this 26 chapter: 27 (a) Issue a notice of noncompliance under s. 120.695. 28 (b) Impose an administrative fine not to exceed $5,000 29 for each act or omission. 30 (c) Direct the person to cease and desist specified 31 activities. 13 1:44 PM 03/13/07 s0612c-ca12-e3r
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 612 Barcode 541746 1 (d) Refuse to register the wrecker company or suspend 2 or revoke the wrecker company's registration. 3 (e) Place the wrecker company on probation for a 4 period of time, subject to the conditions specified by the 5 department. 6 (2) Chapter 120 shall govern an administrative 7 proceeding resulting from an order imposing a penalty 8 specified in subsection (1). 9 508.114 Civil penalties.--The department may bring a 10 civil action in a court of competent jurisdiction to recover 11 any penalties or damages allowed in this chapter and for 12 injunctive relief to enforce compliance with this chapter. The 13 department may seek a civil penalty of up to $5,000 for each 14 violation of this chapter and may seek restitution for and on 15 behalf of any owner of a vehicle or vessel who is aggrieved or 16 injured by a violation of this chapter. 17 508.116 Fees.--The department shall adopt by rule a 18 fee schedule not to exceed the following amounts: 19 (1) Wrecker company registration fee: $495. 20 (2) Wrecker company registration renewal fee: $495. 21 22 The department shall collect and maintain data relating to the 23 registration fees and shall review the fee amounts after the 24 first 2 years of the registration program's existence. 25 508.117 General Inspection Trust Fund; payments.--All 26 fees, penalties, or other funds collected by the department 27 under this chapter must be deposited in the General Inspection 28 Trust Fund and may be used only for the purpose of 29 administering this chapter. 30 508.118 County and municipal ordinances.--A county or 31 municipality may enact ordinances governing the business of 14 1:44 PM 03/13/07 s0612c-ca12-e3r
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 612 Barcode 541746 1 transporting vehicles or vessels by wrecker which are more 2 restrictive than this chapter. This section does not limit the 3 authority of a political subdivision to impose regulatory fees 4 or charges or to levy local business taxes under chapter 205. 5 The department may enter into a cooperative agreement with any 6 county or municipality that provides for the referral, 7 investigation, and prosecution of consumer complaints alleging 8 violations of this chapter. The department may delegate 9 enforcement of this chapter to any county or municipality 10 entering into a cooperative agreement. 11 508.119 Records.-- 12 (1) Each wrecker company shall maintain records of its 13 wrecker services for at least 12 months. These records shall 14 be maintained at the wrecker company's principal place of 15 business. 16 (2) Each wrecker company shall maintain records on 17 each of its wrecker operators which are sufficient to 18 demonstrate that the operator has successfully completed an 19 approved wrecker operator certification course or an approved 20 wrecker operator continuing education course and is certified 21 to perform wrecker services. These records shall be maintained 22 at the wrecker company's principal place of business for as 23 long as the operator is employed by the wrecker company and 24 for at least 6 months thereafter. 25 (3) Each organization approved to conduct a wrecker 26 operator certification course or approved to offer a wrecker 27 operator continuing education course shall maintain records of 28 each person who successfully completes one of the courses. The 29 records shall be maintained at the organization's principal 30 place of business for at least 5 years. The department may, at 31 any time during normal business hours, enter the 15 1:44 PM 03/13/07 s0612c-ca12-e3r
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 612 Barcode 541746 1 organization's principal place of business to examine the 2 records. 3 Section 2. Effective January 1, 2008, section 508.104, 4 Florida Statutes, is created to read: 5 508.104 Wrecker companies; registration required.-- 6 (1) A person may not own, operate, solicit business 7 for, advertise services for, or otherwise engage for hire in 8 the business of a wrecker company in this state unless that 9 person is registered with the department under this chapter. 10 (2) A person applying for or renewing a local business 11 tax receipt to engage for hire in the business of a wrecker 12 company must exhibit a current registration certificate from 13 the department before the local business tax receipt may be 14 issued or reissued under chapter 205. 15 (3) This section does not apply to a motor vehicle 16 repair shop registered with the department under s. 559.904 17 which meets all of the following requirements: 18 (a) The motor vehicle repair shop derives at least 80 19 percent of its gross sales from motor vehicle repairs; 20 (b) Each wrecker used to perform wrecker services on 21 behalf of the motor vehicle repair shop is registered with the 22 Department of Highway Safety and Motor Vehicles under the 23 legal name of the owner of the motor vehicle repair shop; 24 (c) Any wrecker services must be performed by an 25 employee of the motor vehicle repair shop; 26 (d) Each wrecker operator performing wrecker services 27 on behalf of the motor vehicle repair shop is certified 28 pursuant to ss. 508.107, 508.108, 508.109, and 508.110. 29 (4) This section does not apply to any franchised 30 motor vehicle dealer licensed pursuant to s. 320.27 when 31 wrecker services are incidental to the operation of the 16 1:44 PM 03/13/07 s0612c-ca12-e3r
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 612 Barcode 541746 1 franchise. 2 Section 3. Effective January 1, 2008, section 508.110, 3 Florida Statutes, is created to read: 4 508.110 Wrecker operators; certification required; 5 inspection of employment records.-- 6 (1) A person may not perform wrecker services in this 7 state unless he or she is an employee or ultimate equitable 8 owner of a wrecker company that is registered with the 9 department under this chapter and those wrecker services are 10 performed on behalf of the wrecker company. 11 (2) Notwithstanding subsection (1), a person may 12 perform wrecker services or specialized wrecker services in 13 this state if he or she is an employee or ultimate equitable 14 owner of a motor vehicle repair shop registered with the 15 department under s. 559.904 and those wrecker services or 16 specialized wrecker services are performed on behalf of the 17 motor vehicle repair shop. 18 (3)(a) A person may not perform wrecker services or 19 specialized wrecker services for: 20 1. A wrecker company for more than 6 months after 21 first being employed by, or becoming an ultimate equitable 22 owner of, the wrecker company; 23 2. A motor vehicle repair shop for more than 6 months 24 after first being employed by the motor vehicle repair shop; 25 or 26 3. A franchised motor vehicle dealer for more than 6 27 months after first being employed by the franchised motor 28 vehicle dealer 29 30 without being certified as a wrecker operator under this 31 chapter. 17 1:44 PM 03/13/07 s0612c-ca12-e3r
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 612 Barcode 541746 1 (b) A wrecker operator certified under this chapter 2 may not perform a specialized wrecker service for a wrecker 3 company unless the wrecker operator's certification includes 4 an endorsement for that specialized wrecker service. 5 (4) The department may, at any time during business 6 hours, enter any business location of a wrecker company and 7 examine the company's books or records. If the department 8 reasonably believes a violation of this chapter has occurred 9 or is occurring, the department may subpoena any necessary 10 books or records. 11 12 (Redesignate subsequent sections.) 13 14 15 ================ T I T L E A M E N D M E N T =============== 16 And the title is amended as follows: 17 On page 2, line 13, through 18 page 5, line 3, delete those lines 19 20 and insert: 21 creating s. 508.107, F.S.; requiring the 22 department to establish a certification program 23 for wrecker operators; providing for the 24 department to approve certification courses and 25 the organizations conducting the courses; 26 providing for the department to prescribe 27 course curricula; providing requirements for 28 courses; requiring that each course include an 29 examination approved by the department; 30 providing criteria for the examination; 31 requiring the organization conducting the 18 1:44 PM 03/13/07 s0612c-ca12-e3r
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 612 Barcode 541746 1 course to issue the certificate to the wrecker 2 operator; creating s. 508.108, F.S.; requiring 3 each certification course to offer optional 4 specialized wrecker services instruction, 5 training, and examinations; describing 6 specialized wrecker services; directing the 7 department to adopt rules prescribing specific 8 standards to further define each specialized 9 wrecker service; requiring council approval of 10 the instruction, training, and examination; 11 requiring the organization conducting the 12 course to issue the certificate to the wrecker 13 operator; creating s. 508.109, F.S.; providing 14 for form and content of certification cards; 15 authorizing the department to adopt rules for 16 issuance of certification cards to an operator 17 who completes a certification course and passes 18 a certification examination in another state or 19 completed a certification course and passed a 20 certification examination in this state during 21 a certain time period; authorizing the 22 department to adopt rules for issuance of 23 endorsements for specialized services to a 24 wrecker operator who completed instruction and 25 training for a specialized wrecker service and 26 passed an endorsement examination for that 27 specialized wrecker service during a certain 28 time period; providing for approval by the 29 council of out-of-state certification 30 instructions, training, and examinations; 31 providing for expiration of certification; 19 1:44 PM 03/13/07 s0612c-ca12-e3r
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 612 Barcode 541746 1 requiring that certification cards be issued by 2 the organizations conducting the courses; 3 creating s. 508.111, F.S.; providing 4 requirements for recertification; providing for 5 a continuing education program to be 6 established by the department; providing for 7 curricula and examinations to be prescribed by 8 the council; requiring course approval by the 9 council; providing for a certificate to be 10 issued by the training organization to the 11 wrecker operator; creating s. 508.112, F.S.; 12 prohibiting certain acts; creating ss. 508.113 13 and 508.114, F.S.; providing administrative and 14 civil penalties; creating s. 508.116, F.S.; 15 providing for registration and renewal fees; 16 creating s. 508.117, F.S.; providing for 17 deposit and use of fees, penalties, and other 18 funds; creating s. 508.118, F.S.; authorizing 19 counties and municipalities to enact ordinances 20 governing wrecker operators; providing for the 21 department to enter into a cooperative 22 agreement with a county or municipality for the 23 referral, investigation, and prosecution of 24 consumer complaints or enforcement of specified 25 wrecker services provisions; creating s. 26 508.119, F.S.; requiring that a wrecker company 27 maintain records of its services and operators; 28 requiring organizations that conduct operator 29 certification or continuing education courses 30 to maintain records on each person who 31 successfully completes one of the courses; 20 1:44 PM 03/13/07 s0612c-ca12-e3r
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 612 Barcode 541746 1 authorizing inspection of records by the 2 department; creating s. 508.104, F.S.; 3 prohibiting persons from owning, operating, or 4 being issued a local business tax receipt on 5 behalf of a wrecker company without first 6 registering with the department; requiring 7 registration prior to issuance or renewal of 8 local business tax receipt; excluding certain 9 motor vehicle repair shops; 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 21 1:44 PM 03/13/07 s0612c-ca12-e3r