Senate Bill sb0612c2

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    Florida Senate - 2007                     CS for CS for SB 612

    By the Committees on General Government Appropriations;
    Commerce; and Senators Crist and Lynn




    601-2655-07

  1                      A bill to be entitled

  2         An act relating to wrecker services; creating

  3         chapter 508, F.S.; providing for regulatory

  4         oversight of wrecker services by the Department

  5         of Agriculture and Consumer Services; creating

  6         s. 508.101, F.S.; providing definitions;

  7         creating s. 508.102, F.S.; creating the Wrecker

  8         Operator Advisory Council within the Department

  9         of Agriculture and Consumer Services; directing

10         the council to prepare recommendations relating

11         to education and training and present the

12         recommendations to the Legislature and the

13         Commissioner of Agriculture; providing for

14         membership, terms, and organization; providing

15         for meeting procedures and recordkeeping;

16         providing for reimbursement for travel and per

17         diem expenses; directing the department to

18         provide support services for the council;

19         directing the council to review rules adopted

20         by the department and to advise the department

21         on certain matters relating to the wrecker

22         industry; creating s. 508.103, F.S.;

23         authorizing the department to adopt rules;

24         creating s. 508.105, F.S.; requiring wrecker

25         companies to register annually with the

26         department; providing for the registration

27         application; providing for processing of

28         fingerprints by the Department of Law

29         Enforcement; requiring fees for processing;

30         providing for issuance of registration

31         certificate; requiring display of the

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 1         certificate; providing requirements for

 2         advertisements; requiring notification of

 3         changes in registration information; requiring

 4         certain fees to be paid; requiring certain

 5         companies to obtain a local business tax

 6         receipt prior to registration renewal;

 7         requiring insurance coverage; requiring the

 8         department to notify the Department of Highway

 9         Safety and Motor Vehicles when a registration

10         has been suspended or revoked; creating s.

11         508.106, F.S.; authorizing the Department of

12         Agriculture and Consumer Services to deny,

13         revoke, or refuse to renew the registration of

14         a wrecker company under certain circumstances;

15         creating s. 508.1061, F.S.; requiring a wrecker

16         company to accept certain forms of payment;

17         creating s. 508.107, F.S.; prohibiting certain

18         acts; creating ss. 508.108 and 508.109, F.S.;

19         providing administrative and civil penalties;

20         creating s. 508.110, F.S.; providing for

21         registration and renewal fees; creating s.

22         508.111, F.S.; providing for deposit and use of

23         fees, penalties, and other funds; creating s.

24         508.112, F.S.; providing that the chapter does

25         not apply to recovery agents; creating s.

26         508.113, F.S.; authorizing counties and

27         municipalities to enact ordinances governing

28         wrecker operators; providing for the department

29         to enter into a cooperative agreement with a

30         county or municipality for the referral,

31         investigation, and prosecution of consumer

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    Florida Senate - 2007                     CS for CS for SB 612
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 1         complaints or enforcement of specified wrecker

 2         services provisions; creating s. 508.114, F.S.;

 3         requiring that a wrecker company maintain

 4         records of its services; creating s. 508.104,

 5         F.S.; prohibiting a person from owning,

 6         operating, or otherwise engaging in the

 7         business of a wrecker company without first

 8         registering with the department; requiring

 9         registration prior to issuance or renewal of

10         local business tax receipt; excluding certain

11         motor vehicle repair shops and dealers;

12         creating s. 508.116, F.S.; providing criminal

13         penalties; amending s. 120.80, F.S.; providing

14         for appointment of a hearing officer by the

15         director of the Division of the Florida Highway

16         Patrol when a hearing is held to deny, suspend,

17         or remove a wrecker company from participating

18         in the wrecker allocation system; creating s.

19         205.1977, F.S.; prohibiting a county or

20         municipality from issuing or renewing a

21         business tax receipt for a wrecker company that

22         is not registered with the Department of

23         Agriculture and Consumer Services; amending s.

24         316.530, F.S., relating to towing requirements;

25         conforming terminology; amending s. 320.01,

26         F.S.; redefining the term "wrecker" for

27         purposes of the Florida Statutes; amending s.

28         320.03, F.S., relating to withholding the motor

29         vehicle registration plate or revalidation

30         sticker; providing for application of

31         provisions to wrecker companies rather than

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 1         wrecker operators; amending s. 320.0706, F.S.;

 2         requiring a wrecker to display the registration

 3         license plate only on its front; amending s.

 4         320.0821, F.S.; revising requirements for the

 5         issuance of wrecker license plates; requiring

 6         the license plate to be displayed on the front

 7         of the wrecker; amending s. 320.13, F.S.,

 8         relating to dealer license plates; conforming

 9         terminology; reenacting ss. 316.550(4)(a) and

10         (9) and 320.08(5)(d) and (e), F.S., relating to

11         special wrecker permits and license taxes, to

12         incorporate the amendment to s. 320.01, F.S.,

13         in references thereto; amending s. 321.051,

14         F.S.; revising provisions for the Florida

15         Highway Patrol wrecker operator system;

16         changing the designation to "wrecker allocation

17         system"; providing definitions; revising

18         provisions that authorize the Division of the

19         Florida Highway Patrol within the Department of

20         Highway Safety and Motor Vehicles to establish

21         the system; revising requirements for the

22         system; limiting the system to using certain

23         registered wrecker companies; revising wrecker

24         eligibility requirements; revising provisions

25         for procedures for appeal of final orders by

26         the department denying, suspending, or revoking

27         eligibility to participate; prohibiting an

28         unauthorized wrecker company and wrecker

29         operators dispatched by an unauthorized company

30         from engaging in certain activities; requiring

31         those operators to disclose certain information

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 1         to the owner or operator of a wrecked or

 2         disabled vehicle prior to towing; providing

 3         penalties; providing for a law enforcement

 4         officer to dispatch an authorized wrecker

 5         company other than a company requested by the

 6         vehicle owner or operator or to dispatch a

 7         company out of rotation; amending s. 323.001,

 8         F.S.; revising procedures for placement of a

 9         hold on a vehicle at a storage facility;

10         providing for placement of a hold by a law

11         enforcement agency; providing definitions;

12         revising provisions for payment of towing and

13         storage charges; revising rate limitation

14         provisions; amending s. 323.002, F.S.; revising

15         provisions for county and municipal wrecker

16         operator systems; changing the designation to

17         "wrecker allocation systems"; providing

18         definitions; limiting the systems to using

19         certain registered wrecker companies;

20         prohibiting an unauthorized wrecker company and

21         wrecker operators dispatched by an unauthorized

22         company from engaging in certain activities;

23         requiring those operators to disclose certain

24         information to the owner or operator of a

25         wrecked or disabled vehicle prior to towing;

26         providing penalties; providing for a law

27         enforcement officer to dispatch an authorized

28         wrecker company other than a company requested

29         by the vehicle owner or operator or to dispatch

30         a company out of rotation; amending s. 713.78,

31         F.S.; providing for claim of lien by a wrecker

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 1         company for recovering, removing, or storing a

 2         vehicle or vessel; conforming provisions to

 3         changes made by the act; providing definitions;

 4         requiring notification to the vehicle or vessel

 5         owners, insurers, and lienholders; providing

 6         for a law enforcement agency to obtain

 7         information from the Department of Highway

 8         Safety and Motor Vehicles and provide the

 9         information to the wrecker company; providing

10         notice procedures; providing for content of the

11         notice; providing for notice to the agency of

12         jurisdiction if the vehicle or vessel owner or

13         lienholder cannot be identified; revising

14         procedures for complaint by the vehicle or

15         vessel owner; providing for release of the

16         vehicle or vessel; requiring damages,

17         attorney's fees, and costs to be awarded by the

18         court; requiring immediate payment of recovery,

19         towing, and storage fees to be ordered by the

20         court; providing for notice and sale of the

21         vehicle or vessel by the wrecker company;

22         providing for distribution of proceeds;

23         providing for discharge of liens and issuance

24         of certificate of title; providing immunity

25         from liability for a wrecker company, its

26         operators, and other employees or agents under

27         certain conditions; providing for a presumption

28         of the use of reasonable care; requiring

29         wrecker company information to be printed on

30         the wrecker; specifying that failure to make

31         good faith, best efforts to comply with notice

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 1         requirements precludes imposition of storage

 2         charges; requiring a wrecker company to provide

 3         access to the vehicle or vessel; requiring

 4         release of the vehicle, vessel, or personal

 5         property to the owner or agent of the owner;

 6         requiring the wrecker company to obtain a

 7         certificate of destruction in lieu of a

 8         certificate of title when the vehicle or vessel

 9         is to be dismantled, destroyed, or changed in

10         such a manner that it is not the motor vehicle

11         or vessel described in the certificate of

12         title; providing for issuance of the

13         certificate of destruction by the county tax

14         collector; providing requirements for

15         application for the certificate of destruction;

16         providing for reassignment of the certificate

17         of destruction; authorizing the Department of

18         Highway Safety and Motor Vehicles to adopt

19         rules; providing penalties for specified

20         violations; authorizing the Department of

21         Highway Safety and Motor Vehicles to inspect

22         wrecker company records; directing the

23         Department of Highway Safety and Motor

24         Vehicles, upon notice of lien from a wrecker

25         company, to place the name of the owner of the

26         vehicle or vessel on the list of those persons

27         who may not be issued a license plate or

28         revalidation sticker for a motor vehicle;

29         providing for forms for the notice of lien;

30         providing for dispute by the owner; providing

31         for the owner's name to be removed from the

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 1         list of those persons who may not be issued a

 2         license plate or revalidation sticker for a

 3         motor vehicle; providing for lien expiration;

 4         requiring a certificate of discharge to be

 5         issued by the wrecker company; providing for

 6         certain fees and charges; providing for

 7         application and exceptions; clarifying that the

 8         amendments made by the act do not affect the

 9         validity of prior liens; amending s. 715.07,

10         F.S., revising provisions for the towing and

11         storage of vehicles and vessels parked on real

12         property without permission; providing

13         definitions; providing requirements for storage

14         facility operation; providing requirements for

15         a wrecker company, its operators, and other

16         employees or agents; prohibiting a wrecker

17         company, a wrecker operator, or another

18         employee or agent of a wrecker company from

19         paying or accepting payment for the privilege

20         of removing vehicles or vessels from a

21         particular location; revising requirements for

22         tow-away signs to be posted by property owners;

23         requiring a wrecker company to maintain rate

24         schedules with the local law enforcement agency

25         and to post rates and contracts at its storage

26         facility; revising requirements for certain

27         signage on a wrecker; providing immunity from

28         liability for a wrecker company, its operators,

29         and other employees or agents if entry into the

30         vehicle or vessel is performed with reasonable

31         care; revising provisions for release of the

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 1         vehicle or vessel; providing that failure to

 2         comply with notice requirements precludes a

 3         wrecker company from imposing certain towing or

 4         storage charges; providing penalties; repealing

 5         s. 1.01(15), F.S., relating to the definition

 6         of the term "wrecker operator"; providing an

 7         appropriation and authorizing additional

 8         positions; providing effective dates.

 9  

10  Be It Enacted by the Legislature of the State of Florida:

11  

12         Section 1.  This act may be cited as the "Glen D. Rich

13  Towing Reform Act of 2007."

14         Section 2.  Chapter 508, Florida Statutes, consisting

15  of sections 508.101, 508.102, 508.103, 508.105, 508.106,

16  508.1061, 508.107, 508.108, 508.109, 508.110, 508.111,

17  508.112, 508.113, and 508.114, is created to read:

18                           CHAPTER 508

19                         WRECKER SERVICES

20         508.101  Definitions.--As used in this chapter, the

21  term:

22         (1)  "Business entity" means any form of corporation,

23  limited liability company, partnership, association,

24  cooperative, joint venture, business trust, sole

25  proprietorship, or self-employed person conducting business in

26  this state.

27         (2)  "Council" means the Wrecker Operator Advisory

28  Council.

29         (3)  "Department" means the Department of Agriculture

30  and Consumer Services.

31  

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 1         (4)  "Ultimate equitable owner" means a natural person

 2  who, directly or indirectly, owns or controls 10 percent or

 3  more of an ownership interest in a wrecker company, regardless

 4  of whether the natural person owns or controls the ownership

 5  interest through one or more natural persons or one or more

 6  proxies, powers of attorney, nominees, business entities, or

 7  any combination thereof.

 8         (5)  "Vehicle" means any vehicle of a type that may be

 9  registered under chapter 320 for operation on the roads of

10  this state, regardless of whether the vehicle is actually

11  registered. The term does not include a mobile home or

12  manufactured home as defined in s. 320.01.

13         (6)  "Vessel" means any type of watercraft, barge, or

14  airboat, however described, used or capable of being used as a

15  means of transportation on water, other than a seaplane or a

16  documented vessel as defined in s. 327.02.

17         (7)  "Wrecker" has the same meaning ascribed in s.

18  320.01.

19         (8)  "Wrecker company" means a business entity engaged

20  for hire in the business of towing, carrying, or transporting

21  vehicles or vessels by wrecker upon the streets and highways

22  of this state. The term does not include a person regularly

23  engaged in the business of transporting mobile homes.

24         (9)  "Wrecker operator" means a person who performs

25  wrecker services.

26         (10)  "Wrecker services" means towing, carrying, or

27  otherwise transporting vehicles or vessels by wrecker upon the

28  streets and highways of this state for hire. The term

29  includes, but is not limited to, each of the following:

30         (a)  Driving a wrecker.

31  

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 1         (b)  Loading, securing, and unloading a vehicle or

 2  vessel on a wrecker using a boom, winch, car carrier, or other

 3  similar equipment.

 4         (c)  Towing or removal of a wrecked, disabled, or

 5  abandoned vehicle under the Florida Highway Patrol wrecker

 6  allocation system pursuant to s. 321.051 or under a county or

 7  municipal wrecker allocation system pursuant to s. 323.002.

 8         (d)  Towing, recovery, or removal of a vehicle or

 9  vessel under s. 713.78.

10         (e)  Towing, transportation, or removal of a vehicle or

11  vessel parked on real property without permission under s.

12  715.07.

13         (f)  Recovery of a vehicle or vessel.

14         508.102  Wrecker Operator Advisory Council.--

15         (1)  The Wrecker Operator Advisory Council is created

16  within the department. The council shall advise and assist the

17  department in administering this chapter.

18         (2)  The council shall prepare recommendations

19  regarding the need for a wrecker operator certification

20  program and establishment of educational and training

21  requirements for wrecker operators should such a certification

22  program be deemed necessary. The council shall present its

23  recommendations to the President of the Senate, the Speaker of

24  the House of Representatives, and the Commissioner of

25  Agriculture by January 31, 2008.

26         (3)(a)  The council shall be composed of five members

27  appointed by the Commissioner of Agriculture.

28         (b)  One member of the council must be a wrecker

29  company owner-operator, one member must be a consumer, one

30  member must be an owner of a wrecker company with 10 or more

31  employees, one member must be an owner of a wrecker company

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 1  with fewer than 10 employees, and one member must be a

 2  community college staff person with expertise in and

 3  responsibility for establishing and implementing continuing

 4  education programs. Each member must be a resident of this

 5  state.

 6         (c)  The term of each member of the council is 4 years,

 7  except, to establish staggered terms, the owner-operator

 8  member, the consumer member, and the community college staff

 9  member shall be appointed initially for terms of 2 years each.

10  Members may be reappointed for additional terms not to exceed

11  8 years of consecutive service. A vacancy shall be filled for

12  the remainder of the unexpired term in the same manner as the

13  original appointment.

14         (4)(a)  From among its members, the council shall

15  annually elect a chair, who shall preside over the meetings of

16  the council, and a vice chair.

17         (b)  In conducting its meetings, the council shall use

18  accepted rules of procedure. The department shall keep a

19  complete record of each meeting showing the names of members

20  present and the actions taken. These records and other

21  documents regarding matters within the jurisdiction of the

22  council must be kept on file with the department.

23         (5)  The members of the council shall serve without

24  compensation but are entitled to reimbursement of travel and

25  per diem expenses under s. 112.061.

26         (6)  The department shall provide administrative and

27  staff support services relating to the functions of the

28  council.

29         (7)  The council shall review the rules adopted by the

30  department to administer this chapter and shall advise the

31  department on matters relating to industry standards and

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 1  practices and other issues that require technical expertise

 2  and consultation or that promote better consumer protection in

 3  the wrecker industry.

 4         508.103  Rulemaking authority.--The department may

 5  adopt rules under ss. 120.536(1) and 120.54 to administer this

 6  chapter.

 7         508.105  Registration requirements; renewal of

 8  registrations.--

 9         (1)  Each wrecker company engaged or attempting to

10  engage for hire in the business of towing, carrying, or

11  transporting vehicles or vessels by wrecker upon the streets

12  and highways of this state must annually register with the

13  department on forms prescribed by the department. The

14  application for registration must include at least the

15  following information:

16         (a)  The name and federal employer identification

17  number of the wrecker company.

18         (b)  The mailing address, physical address, and

19  telephone number of the wrecker company's primary place of

20  business.

21         (c)  The fictitious name under which the wrecker

22  company transacts business in this state.

23         (d)  The full name, residence address, business

24  address, and telephone number of the applicant. If the

25  applicant is other than a natural person, the application must

26  also contain the full name, residence address, business

27  address, telephone number, and federal employer identification

28  number, if applicable, of each ultimate equitable owner of the

29  business entity and each officer, director, partner, manager,

30  member, or managing member of the entity.

31  

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 1         (e)  If the applicant is other than a natural person,

 2  the full name of the business entity's registered agent and

 3  the address of the registered office for service of process.

 4         (f)  The physical address and telephone number of each

 5  business location and each storage facility where the wrecker

 6  company stores towed vehicles or vessels.

 7         (2)  Each initial and renewal application for

 8  registration must be accompanied by the registration fee

 9  prescribed in s. 508.110.

10         (3)  Each initial application for registration must be

11  accompanied by a complete set of the applicant's fingerprints

12  taken by a law enforcement agency. If the applicant is other

13  than a natural person, a complete set of fingerprints must be

14  filed for each ultimate equitable owner of the business entity

15  and each officer, director, partner, manager, member, or

16  managing member of the entity. The department shall submit the

17  fingerprints to the Department of Law Enforcement for state

18  processing, and the Department of Law Enforcement shall

19  forward the fingerprints to the Federal Bureau of

20  Investigation for national processing. The Department of

21  Agriculture and Consumer Services shall collect from each

22  applicant the fingerprint processing fee of $23 for state

23  processing and an additional fee for national processing for

24  each applicant submitted. The department shall screen

25  background results to determine whether the applicant meets

26  the requirements for issuance of a registration certificate.

27  Registration renewal applications need not be accompanied by a

28  set of fingerprints for an individual who previously submitted

29  a set of fingerprints to the department as part of a prior

30  year's registration application.

31  

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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  

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 1  expiration date of the current registration. The department

 2  may not issue a registration until all fees are paid.

 3         (b)  A wrecker company whose primary place of business

 4  is located within a county or municipality that requires, by

 5  local ordinance, a local business tax receipt under chapter

 6  205 may not renew a registration under this chapter unless the

 7  wrecker company obtains the business tax receipt from the

 8  county or municipality.

 9         (8)  Each wrecker company must provide the department

10  with a certificate of insurance for the insurance coverage

11  required under s. 627.7415 before the department may issue the

12  certificate for an initial or renewal registration. The

13  department must be named as a certificateholder on the

14  insurance certificate and must be notified at least 30 days

15  before any change in insurance coverage.

16         (9)  The department shall notify the Department of

17  Highway Safety and Motor Vehicles when a registration issued

18  under this chapter has been suspended or revoked by order of

19  the department. Notification must be sent within 10 days after

20  the department issues the suspension or revocation order.

21         508.106  Denial of registration.--The department may

22  deny, revoke, or refuse to renew the registration of a wrecker

23  company based upon a determination that the applicant or, if

24  the applicant is other than a natural person, the wrecker

25  company or any of its ultimate equitable owners, officers,

26  directors, partners, managers, members, or managing members

27  has:

28         (1)  Not met the requirements for registration under

29  this chapter;

30  

31  

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 1         (2)  Been convicted or found guilty of, regardless of

 2  adjudication, or pled guilty or nolo contendere to, a felony

 3  within the last 10 years;

 4         (3)  Been convicted or found guilty of, regardless of

 5  adjudication, or pled guilty or nolo contendere to, a crime

 6  within the last 10 years involving repossession of a motor

 7  vehicle under chapter 493, repair of a motor vehicle under ss.

 8  559.901-559.9221, theft of a motor vehicle under s. 812.014,

 9  carjacking under s. 812.133, operation of a chop shop under s.

10  812.16, failure to maintain records of motor vehicle parts and

11  accessories under s. 860.14, violations relating to airbags

12  under s. 860.145 or use of fake airbags under s. 860.146,

13  overcharging for repairs and parts under s. 860.15, or a

14  violation of towing or storage requirements for a motor

15  vehicle under this chapter, s. 321.051, chapter 323, s.

16  713.78, or s. 715.07;

17         (4)  Not satisfied a civil fine or penalty arising out

18  of an administrative or enforcement action brought by the

19  department, another governmental agency, or a private person

20  based upon conduct involving a violation of this chapter;

21         (5)  Pending against him or her a criminal,

22  administrative, or enforcement proceeding in any jurisdiction

23  based upon conduct involving a violation of this chapter; or

24         (6)  Had a judgment entered against him or her in an

25  action brought by the department under this chapter.

26         508.1061  Acceptable forms of payment.--A wrecker

27  company shall accept a minimum of two of the three following

28  forms of payment:

29         (1)  Cash, cashier's check, money order, or traveler's

30  check.

31  

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 1         (2)  Valid personal check, showing upon its face the

 2  name and address of the vehicle or vessel owner or authorized

 3  representative.

 4         (3)  Valid credit card, including, but not limited to,

 5  Visa or MasterCard.

 6         508.107  Prohibited acts.--It is a violation of this

 7  chapter for a person to:

 8         (1)  Charge rates that 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).

11         (2)  Violate s. 321.051, relating to the Florida

12  Highway Patrol wrecker allocation system.

13         (3)  Violate s. 323.002, relating to county and

14  municipal wrecker allocation systems.

15         (4)  Violate s. 713.78, relating to liens for

16  recovering, towing, or storing vehicles and vessels.

17         (5)  Violate s. 715.07, relating to towing or removing

18  vehicles and vessels parked on real property without

19  permission.

20         (6)  Refuse to allow a law enforcement officer to

21  inspect a towing and storage facility as required in s.

22  812.055.

23         (7)  Perform an act otherwise prohibited by this

24  chapter or fail to perform an act otherwise required by this

25  chapter.

26         508.108  Administrative penalties; inspection of

27  records.--

28         (1)  The department may take one or more of the

29  following actions if the department finds that a business is

30  operating without being registered under this chapter or has

31  

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 1  violated this chapter or the rules or orders issued under this

 2  chapter:

 3         (a)  Issue a notice of noncompliance under s. 120.695.

 4         (b)  Impose an administrative fine not to exceed $5,000

 5  for each act or omission.

 6         (c)  Direct the person to cease and desist specified

 7  activities.

 8         (d)  Refuse to register the wrecker company or suspend

 9  or revoke the wrecker company's registration.

10         (e)  Place the wrecker company on probation for a

11  period of time, subject to the conditions specified by the

12  department.

13         (2)  Chapter 120 shall govern an administrative

14  proceeding resulting from an order imposing a penalty

15  specified in subsection (1).

16         508.109  Civil penalties.--The department may bring a

17  civil action in a court of competent jurisdiction to recover

18  any penalties or damages allowed in this chapter and for

19  injunctive relief to enforce compliance with this chapter. The

20  department may seek a civil penalty of up to $5,000 for each

21  violation of this chapter and may seek restitution for and on

22  behalf of any owner of a vehicle or vessel who is aggrieved or

23  injured by a violation of this chapter.

24         508.110  Fees.--The department shall adopt by rule a

25  fee schedule not to exceed the following amounts:

26         (1)  Wrecker company registration fee: $495.

27         (2)  Wrecker company registration renewal fee: $495.

28         508.111  General Inspection Trust Fund; payments.--All

29  fees, penalties, or other funds collected by the department

30  under this chapter must be deposited in the General Inspection

31  

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 1  Trust Fund and may only be used for the purpose of

 2  administering this chapter.

 3         508.112  Recovery agents; exemption.--This chapter does

 4  not apply to a person licensed under chapter 493 performing

 5  repossession services.

 6         508.113  County and municipal ordinances.--A county or

 7  municipality may enact ordinances governing the business of

 8  transporting vehicles or vessels by wrecker that are more

 9  restrictive than this chapter. This section does not limit the

10  authority of a political subdivision to impose regulatory fees

11  or charges or to levy local business taxes under chapter 205.

12  The department may enter into a cooperative agreement with any

13  county or municipality that provides for the referral,

14  investigation, and prosecution of consumer complaints alleging

15  violations of this chapter. The department is authorized to

16  delegate enforcement of this chapter to any county or

17  municipality entering into a cooperative agreement.

18         508.114  Records.--Each wrecker company shall maintain

19  records of its wrecker services for at least 12 months. These

20  records shall be maintained at the wrecker company's principal

21  place of business.

22         Section 3.  Effective January 1, 2008, section 508.104,

23  Florida Statutes, is created to read:

24         508.104  Wrecker companies; registration required.--

25         (1)  A person may not own, operate, solicit business

26  for, advertise services for, or otherwise engage for hire in

27  the business of a wrecker company in this state unless that

28  person is registered with the department under this chapter.

29         (2)  A person applying for or renewing a local business

30  tax receipt to engage for hire in the business of a wrecker

31  company must exhibit a current registration certificate from

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 1  the department before the local business tax receipt may be

 2  issued or reissued under chapter 205.

 3         (3)  This section does not apply to a motor vehicle

 4  repair shop registered with the department under s. 559.904

 5  that derives at least 80 percent of its gross sales from motor

 6  vehicle repairs or to any franchised motor vehicle dealer

 7  licensed pursuant to s. 320.27 when wrecker services are

 8  incidental to the operation of the franchise.

 9         (4)  This section does not apply to a wrecker used

10  solely for a repossession or recovery business or used by an

11  independent automobile dealer solely for the purpose of towing

12  vehicles owned by the dealer or transported to new owners. The

13  words "NOT FOR HIRE" shall be prominently displayed on the

14  door of such wrecker.

15         Section 4.  Effective July 1, 2008, section 508.116,

16  Florida Statutes, is created to read:

17         508.116  Criminal penalties.--A person who violates s.

18  508.104(1) by operating a wrecker company in this state

19  without being registered with the department under this

20  chapter commits a felony of the third degree, punishable as

21  provided in s. 775.082, s. 775.083, or s. 775.084.

22         Section 5.  Effective January 1, 2008, paragraph (b) of

23  subsection (8) of section 120.80, Florida Statutes, is amended

24  to read:

25         120.80  Exceptions and special requirements;

26  agencies.--

27         (8)  DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES.--

28         (b)  Wrecker companies operators.--Notwithstanding s.

29  120.57(1)(a), hearings held by the Division of the Florida

30  Highway Patrol of the Department of Highway Safety and Motor

31  Vehicles to deny, suspend, or remove a wrecker company

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 1  operator from participating in the wrecker allocation rotation

 2  system established under by s. 321.051 need not be conducted

 3  by an administrative law judge assigned by the division. These

 4  hearings shall be held by a hearing officer appointed by the

 5  director of the Division of the Florida Highway Patrol.

 6         Section 6.  Effective January 1, 2008, section

 7  205.1977, Florida Statutes, is created to read:

 8         205.1977  Wrecker companies; consumer protection.--A

 9  county or municipality may not issue or renew a business tax

10  receipt for the operation of a wrecker company under chapter

11  508 unless the wrecker company exhibits a current registration

12  from the Department of Agriculture and Consumer Services.

13         Section 7.  Subsection (3) of section 316.530, Florida

14  Statutes, is amended to read:

15         316.530  Towing requirements.--

16         (3)  Whenever a motor vehicle becomes disabled upon the

17  highways of this state and a wrecker or tow truck is required

18  to remove it to a repair shop or other appropriate location,

19  if the combined weights of those two vehicles and the loads

20  thereon exceed the maximum allowable weights as established by

21  s. 316.535, no penalty shall be assessed either vehicle or

22  driver. However, this exception shall not apply to the load

23  limits for bridges and culverts established by the department

24  as provided in s. 316.555.

25         Section 8.  Subsection (40) of section 320.01, Florida

26  Statutes, is amended to read:

27         320.01  Definitions, general.--As used in the Florida

28  Statutes, except as otherwise provided, the term:

29         (40)  "Wrecker" means a tow truck or other any motor

30  vehicle that is used to tow, carry, or otherwise transport

31  motor vehicles or vessels upon the streets and highways of

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 1  this state and that is equipped for that purpose with a boom,

 2  winch, car carrier, or other similar equipment.

 3         Section 9.  Effective January 1, 2008, subsection (8)

 4  of section 320.03, Florida Statutes, is amended to read:

 5         320.03  Registration; duties of tax collectors;

 6  International Registration Plan.--

 7         (8)  If the applicant's name appears on the list

 8  referred to in s. 316.1001(4), s. 316.1967(6), or s.

 9  713.78(13), a license plate or revalidation sticker may not be

10  issued until that person's name no longer appears on the list

11  or until the person presents a receipt from the clerk showing

12  that the fines outstanding have been paid. This subsection

13  does not apply to the owner of a leased vehicle if the vehicle

14  is registered in the name of the lessee of the vehicle. The

15  tax collector and the clerk of the court are each entitled to

16  receive monthly, as costs for implementing and administering

17  this subsection, 10 percent of the civil penalties and fines

18  recovered from such persons. As used in this subsection, the

19  term "civil penalties and fines" does not include a wrecker

20  company's operator's lien as described in s. 713.78(13). If

21  the tax collector has private tag agents, such tag agents are

22  entitled to receive a pro rata share of the amount paid to the

23  tax collector, based upon the percentage of license plates and

24  revalidation stickers issued by the tag agent compared to the

25  total issued within the county. The authority of any private

26  agent to issue license plates shall be revoked, after notice

27  and a hearing as provided in chapter 120, if he or she issues

28  any license plate or revalidation sticker contrary to the

29  provisions of this subsection. This section applies only to

30  the annual renewal in the owner's birth month of a motor

31  vehicle registration and does not apply to the transfer of a

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 1  registration of a motor vehicle sold by a motor vehicle dealer

 2  licensed under this chapter, except for the transfer of

 3  registrations which is inclusive of the annual renewals. This

 4  section does not affect the issuance of the title to a motor

 5  vehicle, notwithstanding s. 319.23(7)(b).

 6         Section 10.  Section 320.0706, Florida Statutes, is

 7  amended to read:

 8         320.0706  Display of license plates on trucks.--The

 9  owner of any commercial truck of gross vehicle weight of

10  26,001 pounds or more shall display the registration license

11  plate on both the front and rear of the truck in conformance

12  with all the requirements of s. 316.605 that do not conflict

13  with this section. The owner of a dump truck may place the

14  rear license plate on the gate no higher than 60 inches to

15  allow for better visibility. However, the owner of a truck

16  tractor or a wrecker must shall be required to display the

17  registration license plate only on the front of such vehicle.

18         Section 11.  Subsection (1) of section 320.0821,

19  Florida Statutes, is amended, and subsection (5) is added to

20  that section, to read:

21         320.0821  Wrecker license plates.--

22         (1)  The department shall issue one a wrecker license

23  plate, regardless of gross vehicle weight, to the owner of any

24  motor vehicle that is used to tow, carry, or otherwise

25  transport motor vehicles or vessels upon the streets and

26  highways of this state and that is equipped for that purpose

27  with a boom, winch, carrier, or other similar equipment,

28  except a motor vehicle registered under the International

29  Registration Plan, upon application and payment of the

30  appropriate license tax and fees in accordance with s.

31  320.08(5)(d) or (e).

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 1         (5)  A wrecker license plate must be displayed on the

 2  front of such vehicle.

 3         Section 12.  Effective January 1, 2008, subsection (1)

 4  of section 320.0821, Florida Statutes, as amended by this act,

 5  is amended to read:

 6         320.0821  Wrecker license plates.--

 7         (1)  The department shall issue one wrecker license

 8  plate, regardless of gross vehicle weight, to the owner of a

 9  wrecker any motor vehicle that is used to tow, carry, or

10  otherwise transport vehicles or vessels upon the streets and

11  highways of this state and that is equipped for that purpose

12  with a boom, winch, carrier, or other similar equipment,

13  except a motor vehicle registered under the International

14  Registration Plan, upon application and payment of the

15  appropriate license tax and fees in accordance with s.

16  320.08(5)(d) or (e).

17         Section 13.  Paragraph (a) of subsection (1) of section

18  320.13, Florida Statutes, is amended to read:

19         320.13  Dealer and manufacturer license plates and

20  alternative method of registration.--

21         (1)(a)  Any licensed motor vehicle dealer and any

22  licensed mobile home dealer may, upon payment of the license

23  tax imposed by s. 320.08(12), secure one or more dealer

24  license plates, which are valid for use on motor vehicles or

25  mobile homes owned by the dealer to whom such plates are

26  issued while the motor vehicles are in inventory and for sale,

27  or while being operated in connection with such dealer's

28  business, but are not valid for use for hire. Dealer license

29  plates may not be used on any tow truck or wrecker as defined

30  in s. 320.01 unless the tow truck or wrecker is being

31  demonstrated for sale, and the dealer license plates may not

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 1  be used on a vehicle used to transport another motor vehicle

 2  for the motor vehicle dealer.

 3         Section 14.  For the purpose of incorporating the

 4  amendment made by this act to section 320.01, Florida

 5  Statutes, in references thereto, paragraph (a) of subsection

 6  (4) and subsection (9) of section 316.550, Florida Statutes,

 7  are reenacted to read:

 8         316.550  Operations not in conformity with law; special

 9  permits.--

10         (4)(a)  The Department of Transportation may issue a

11  wrecker special blanket permit to authorize a wrecker as

12  defined in s. 320.01(40) to tow a disabled vehicle as defined

13  in s. 320.01(38) where the combination of the wrecker and the

14  disabled vehicle being towed exceeds the maximum weight limits

15  as established by s. 316.535.

16         (9)  Whenever any motor vehicle, or the combination of

17  a wrecker as defined in s. 320.01(40) and a towed motor

18  vehicle, exceeds any weight or dimensional criteria or special

19  operational or safety stipulation contained in a special

20  permit issued under the provisions of this section, the

21  penalty assessed to the owner or operator shall be as follows:

22         (a)  For violation of weight criteria contained in a

23  special permit, the penalty per pound or portion thereof

24  exceeding the permitted weight shall be as provided in s.

25  316.545.

26         (b)  For each violation of dimensional criteria in a

27  special permit, the penalty shall be as provided in s. 316.516

28  and penalties for multiple violations of dimensional criteria

29  shall be cumulative except that the total penalty for the

30  vehicle shall not exceed $1,000.

31  

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 1         (c)  For each violation of an operational or safety

 2  stipulation in a special permit, the penalty shall be an

 3  amount not to exceed $1,000 per violation and penalties for

 4  multiple violations of operational or safety stipulations

 5  shall be cumulative except that the total penalty for the

 6  vehicle shall not exceed $1,000.

 7         (d)  For violation of any special condition that has

 8  been prescribed in the rules of the Department of

 9  Transportation and declared on the permit, the vehicle shall

10  be determined to be out of conformance with the permit and the

11  permit shall be declared null and void for the vehicle, and

12  weight and dimensional limits for the vehicle shall be as

13  established in s. 316.515 or s. 316.535, whichever is

14  applicable, and:

15         1.  For weight violations, a penalty as provided in s.

16  316.545 shall be assessed for those weights which exceed the

17  limits thus established for the vehicle; and

18         2.  For dimensional, operational, or safety violations,

19  a penalty as established in paragraph (c) or s. 316.516,

20  whichever is applicable, shall be assessed for each

21  nonconforming dimensional, operational, or safety violation

22  and the penalties for multiple violations shall be cumulative

23  for the vehicle.

24         Section 15.  For the purpose of incorporating the

25  amendment made by this act to section 320.01, Florida

26  Statutes, in references thereto, paragraphs (d) and (e) of

27  subsection (5) of section 320.08, Florida Statutes, are

28  reenacted to read:

29         320.08  License taxes.--Except as otherwise provided

30  herein, there are hereby levied and imposed annual license

31  taxes for the operation of motor vehicles, mopeds, motorized

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 1  bicycles as defined in s. 316.003(2), and mobile homes, as

 2  defined in s. 320.01, which shall be paid to and collected by

 3  the department or its agent upon the registration or renewal

 4  of registration of the following:

 5         (5)  SEMITRAILERS, FEES ACCORDING TO GROSS VEHICLE

 6  WEIGHT; SCHOOL BUSES; SPECIAL PURPOSE VEHICLES.--

 7         (d)  A wrecker, as defined in s. 320.01(40), which is

 8  used to tow a vessel as defined in s. 327.02(39), a disabled,

 9  abandoned, stolen-recovered, or impounded motor vehicle as

10  defined in s. 320.01(38), or a replacement motor vehicle as

11  defined in s. 320.01(39): $30 flat.

12         (e)  A wrecker, as defined in s. 320.01(40), which is

13  used to tow any motor vehicle, regardless of whether or not

14  such motor vehicle is a disabled motor vehicle as defined in

15  s. 320.01(38), a replacement motor vehicle as defined in s.

16  320.01(39), a vessel as defined in s. 327.02(39), or any other

17  cargo, as follows:

18         1.  Gross vehicle weight of 10,000 pounds or more, but

19  less than 15,000 pounds: $87 flat.

20         2.  Gross vehicle weight of 15,000 pounds or more, but

21  less than 20,000 pounds: $131 flat.

22         3.  Gross vehicle weight of 20,000 pounds or more, but

23  less than 26,000 pounds: $186 flat.

24         4.  Gross vehicle weight of 26,000 pounds or more, but

25  less than 35,000 pounds: $240 flat.

26         5.  Gross vehicle weight of 35,000 pounds or more, but

27  less than 44,000 pounds: $300 flat.

28         6.  Gross vehicle weight of 44,000 pounds or more, but

29  less than 55,000 pounds: $572 flat.

30         7.  Gross vehicle weight of 55,000 pounds or more, but

31  less than 62,000 pounds: $678 flat.

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 1         8.  Gross vehicle weight of 62,000 pounds or more, but

 2  less than 72,000 pounds: $800 flat.

 3         9.  Gross vehicle weight of 72,000 pounds or more: $979

 4  flat.

 5         Section 16.  Effective January 1, 2008, section

 6  321.051, Florida Statutes, is amended to read:

 7         (Substantial rewording of section. See

 8         s. 321.051, F.S., for present text.)

 9         321.051  Florida Highway Patrol wrecker allocation

10  system; penalties for operation outside of system.--

11         (1)  As used in this section, the term:

12         (a)  "Authorized wrecker company" means a wrecker

13  company designated by the division as part of its wrecker

14  allocation system.

15         (b)  "Division" means the Division of the Florida

16  Highway Patrol within the Department of Highway Safety and

17  Motor Vehicles.

18         (c)  "Unauthorized wrecker company" means a wrecker

19  company not designated by the division as part of its wrecker

20  allocation system.

21         (d)  "Wrecker company" has the same meaning ascribed in

22  s. 508.101.

23         (e)  "Wrecker operator" has the same meaning ascribed

24  in s. 508.101.

25         (f)  "Wrecker services" has the same meaning ascribed

26  in s. 508.101.

27         (2)(a)  The division may establish within areas

28  designated by the division a wrecker allocation system, using

29  qualified, reputable wrecker companies, for the removal from

30  crash scenes and the storage of wrecked or disabled vehicles

31  when the owner or operator is incapacitated or unavailable or

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 1  leaves the procurement of wrecker services to the officer at

 2  the scene and for the removal and storage of abandoned

 3  vehicles.

 4         (b)  The wrecker allocation system may use only wrecker

 5  companies registered under chapter 508. Each reputable wrecker

 6  company registered under chapter 508 is eligible for use in

 7  the system if its equipment and wrecker operators meet the

 8  recognized safety qualifications and mechanical standards set

 9  by the division's rules for the size of vehicle they are

10  designed to handle. The division may limit the number of

11  wrecker companies participating in the wrecker allocation

12  system.

13         (c)  The division may establish maximum rates for the

14  towing and storage of vehicles removed at the division's

15  request if those rates are not established by a county or

16  municipality under s. 125.0103 or s. 166.043. These rates are

17  not rules for the purpose of chapter 120; however, the

18  Department of Highway Safety and Motor Vehicles shall adopt

19  rules prescribing the procedures for setting these rates.

20         (d)  Notwithstanding chapter 120, a final order of the

21  Department of Highway Safety and Motor Vehicles denying,

22  suspending, or revoking a wrecker company's participation in

23  the wrecker allocation system may be appealed only in the

24  manner and within the time provided by the Florida Rules of

25  Appellate Procedure by a writ of certiorari issued by the

26  circuit court in the county in which the wrecker company's

27  primary place of business is located, as evidenced by the

28  wrecker company's registration under chapter 508.

29         (3)(a)  An unauthorized wrecker company, its wrecker

30  operators, or its other employees or agents may not monitor a

31  police radio for communications between patrol field units and

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 1  the dispatcher in order to determine the location of a wrecked

 2  or disabled vehicle for the purpose of dispatching its wrecker

 3  operator to drive by the scene of the vehicle in a manner

 4  described in paragraph (b) or paragraph (c). Any person who

 5  violates this paragraph commits a noncriminal violation,

 6  punishable as provided in s. 775.083.

 7         (b)  Except as provided in paragraph (c), a wrecker

 8  operator dispatched by an unauthorized wrecker company who

 9  drives by the scene of a wrecked or disabled vehicle before

10  the arrival of the wrecker operator dispatched by the

11  authorized wrecker company may not initiate contact with the

12  owner or operator of the vehicle by soliciting or offering

13  wrecker services or tow the vehicle. Any person who violates

14  this paragraph commits a misdemeanor of the second degree,

15  punishable as provided in s. 775.082 or s. 775.083.

16         (c)  When a wrecker operator dispatched by an

17  unauthorized wrecker company drives by the scene of a wrecked

18  or disabled vehicle and the owner or operator initiates

19  contact by signaling the wrecker operator to stop and provide

20  wrecker services, the wrecker operator must disclose to the

21  owner or operator of the vehicle that he or she was not

22  dispatched by the authorized wrecker company designated as

23  part of the wrecker allocation system and must disclose, in

24  writing, what charges for towing and storage will apply before

25  the vehicle is connected to the towing apparatus. Any person

26  who violates this paragraph commits a misdemeanor of the

27  second degree, punishable as provided in s. 775.082 or s.

28  775.083.

29         (d)  A wrecker operator may not falsely identify

30  himself or herself as being part of, or as being employed by a

31  wrecker company that is part of, the wrecker allocation system

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 1  at the scene of a wrecked or disabled vehicle. Any person who

 2  violates this paragraph commits a misdemeanor of the first

 3  degree, punishable as provided in s. 775.082 or s. 775.083.

 4         (4)  This section does not prohibit or in any way

 5  prevent the owner or operator of a vehicle involved in a crash

 6  or otherwise disabled from contacting any wrecker company for

 7  the provision of wrecker services, regardless of whether the

 8  wrecker company is an authorized wrecker company. However, if

 9  a law enforcement officer determines that the disabled vehicle

10  or vehicle cargo is a public safety hazard, the officer may,

11  in the interest of public safety, dispatch an authorized

12  wrecker company if the officer believes that the authorized

13  wrecker company would arrive at the scene before the wrecker

14  company requested by the owner or operator of the disabled

15  vehicle or vehicle cargo.

16         (5)  A law enforcement officer may dispatch an

17  authorized wrecker company out of rotation to the scene of a

18  wrecked or disabled vehicle if the authorized wrecker company

19  next on rotation is not equipped to provide the required

20  wrecker services and the out-of-rotation authorized wrecker

21  company is available with the required equipment. However,

22  this subsection does not prohibit or prevent the owner or

23  operator of a vehicle involved in a crash or otherwise

24  disabled from contacting any wrecker company that is properly

25  equipped to provide the required wrecker services, regardless

26  of whether the wrecker company is an authorized wrecker

27  company, unless the law enforcement officer determines that

28  the wrecked or disabled vehicle or vehicle cargo is a public

29  safety hazard and the officer believes that the authorized

30  wrecker company would arrive at the scene before the wrecker

31  company requested by the owner or operator.

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 1         Section 17.  Effective January 1, 2008, section

 2  323.001, Florida Statutes, is amended to read:

 3         (Substantial rewording of section. See

 4         s. 323.001, F.S., for present text.)

 5         323.001  Wrecker company storage facilities; vehicle

 6  holds.--

 7         (1)  As used in this section, the term:

 8         (a)  "Business day" means a day other than a Saturday,

 9  Sunday, or federal or state legal holiday.

10         (b)  "Wrecker company" has the same meaning ascribed in

11  s. 508.101.

12         (2)  A law enforcement agency may place a hold on a

13  motor vehicle stored within a wrecker company's storage

14  facility for 5 business days, thereby preventing a motor

15  vehicle from being released to its owner.

16         (3)  To extend a hold beyond 5 business days, the law

17  enforcement agency must notify the wrecker company in writing

18  before the expiration of the 5 business days. If notification

19  is not made within the 5 business days, the wrecker company

20  must release the vehicle to the designated person under s.

21  713.78.

22         (a)  If the hold is extended beyond the 5 business

23  days, the law enforcement agency may have the vehicle removed

24  to a designated impound lot and the vehicle may not be

25  released by the law enforcement agency to the owner or

26  lienholder of the vehicle until proof of payment of the towing

27  and storage charges incurred by the wrecker company is

28  presented to the law enforcement agency.

29         (b)  If the law enforcement agency chooses to have the

30  vehicle remain at the wrecker company's storage facility for

31  more than 5 business days under the written notification, the

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 1  law enforcement agency is responsible for paying the storage

 2  charges incurred by the wrecker company for the requested

 3  extended period. The owner or lienholder is responsible for

 4  paying the accrued towing and storage charges for the first 5

 5  business days, or any period less than the first 5 business

 6  days, if the law enforcement agency moves the vehicle from the

 7  wrecker company's storage facility to a designated impound lot

 8  or provides written notification to extend the hold on the

 9  vehicle before the expiration of the 5 business days.

10         (c)  The towing and storage rates for the owner or

11  lienholder of the held vehicle may not exceed the rates for

12  the law enforcement agency.

13         (4)  If there is a judicial finding of no probable

14  cause for having continued the immobilization or impoundment,

15  the law enforcement agency ordering the hold must pay the

16  accrued charges for any towing and storage.

17         (5)  The requirements for a written hold apply when:

18         (a)  The law enforcement officer has probable cause to

19  believe that the vehicle should be seized and forfeited under

20  the Florida Contraband Forfeiture Act, ss. 932.701-932.707;

21         (b)  The law enforcement officer has probable cause to

22  believe that the vehicle should be seized and forfeited under

23  chapter 370 or chapter 372;

24         (c)  The law enforcement officer has probable cause to

25  believe that the vehicle was used as a means to commit a

26  crime;

27         (d)  The law enforcement officer has probable cause to

28  believe that the vehicle is itself evidence that a crime has

29  been committed or that the vehicle contains evidence, which

30  cannot readily be removed, that a crime has been committed;

31  

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 1         (e)  The law enforcement officer has probable cause to

 2  believe that the vehicle was involved in a traffic accident

 3  resulting in death or personal injury and should be sealed for

 4  investigation and collection of evidence by a vehicular

 5  homicide investigator;

 6         (f)  The vehicle is impounded or immobilized under s.

 7  316.193 or s. 322.34; or

 8         (g)  The law enforcement officer is complying with a

 9  court order.

10         (6)  The hold must be in writing and must specify:

11         (a)  The name and agency of the law enforcement officer

12  placing the hold on the vehicle.

13         (b)  The date and time the hold is placed on the

14  vehicle.

15         (c)  A general description of the vehicle, including

16  its color, make, model, body style, and year; vehicle

17  identification number; registration license plate number,

18  state, and year; and validation sticker number, state, and

19  year.

20         (d)  The specific reason for placing the hold.

21         (e)  The condition of the vehicle.

22         (f)  The location where the vehicle is being held.

23         (g)  The name, address, and telephone number of the

24  wrecker company and the storage facility.

25         (7)  A wrecker company's storage facility must comply

26  with a hold placed by a law enforcement officer, including

27  instructions for inside or outside storage. A wrecker

28  company's storage facility may not release a motor vehicle

29  subject to a hold to any person except as directed by the law

30  enforcement agency placing the hold.

31  

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 1         (8)  When a vehicle owner is found guilty of,

 2  regardless of adjudication, or pleads nolo contendere to, the

 3  offense that resulted in a hold being placed on his or her

 4  vehicle, the owner must pay the accrued towing and storage

 5  charges assessed against the vehicle.

 6         Section 18.  Effective January 1, 2008, section

 7  323.002, Florida Statutes, is amended to read:

 8         (Substantial rewording of section. See

 9         s. 323.002, F.S., for present text.)

10         323.002  County and municipal wrecker allocation

11  systems; penalties for operation outside of system.--

12         (1)  As used in this section, the term:

13         (a)  "Authorized wrecker company" means a wrecker

14  company designated as part of the wrecker allocation system

15  established by the governmental unit having jurisdiction over

16  the scene of a wrecked, disabled, or abandoned vehicle.

17         (b)  "Unauthorized wrecker company" means a wrecker

18  company not designated as part of the wrecker allocation

19  system established by the governmental unit having

20  jurisdiction over the scene of a wrecked, disabled, or

21  abandoned vehicle.

22         (c)  "Wrecker allocation system" means a system for the

23  towing or removal of wrecked, disabled, or abandoned vehicles,

24  similar to the Florida Highway Patrol wrecker allocation

25  system described in s. 321.051(2), under which a county or

26  municipality contracts with one or more wrecker companies

27  registered under chapter 508 for the towing or removal of

28  wrecked, disabled, or abandoned vehicles from accident scenes,

29  streets, or highways. Each wrecker allocation system must use

30  a method for apportioning the towing assignments among the

31  eligible wrecker companies through the creation of geographic

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 1  zones or a rotation schedule or a combination of geographic

 2  zones and a rotation schedule.

 3         (d)  "Wrecker company" has the same meaning ascribed in

 4  s. 508.101.

 5         (e)  "Wrecker operator" has the same meaning ascribed

 6  in s. 508.101.

 7         (f)  "Wrecker services" has the same meaning ascribed

 8  in s. 508.101.

 9         (2)  In a county or municipality that operates a

10  wrecker allocation system:

11         (a)  The wrecker allocation system may only use wrecker

12  companies registered under chapter 508.

13         (b)  An unauthorized wrecker company, its wrecker

14  operators, or its other employees or agents may not monitor a

15  police radio for communications between patrol field units and

16  the dispatcher in order to determine the location of a wrecked

17  or disabled vehicle for the purpose of dispatching its wrecker

18  operator to drive by the scene of the vehicle in a manner

19  described in paragraph (c) or paragraph (d). Any person who

20  violates this paragraph commits a noncriminal violation,

21  punishable as provided in s. 775.083.

22         (c)  Except as provided in paragraph (d), a wrecker

23  operator dispatched by an unauthorized wrecker company who

24  drives by the scene of a wrecked or disabled vehicle before

25  the arrival of the wrecker operator dispatched by the

26  authorized wrecker company may not initiate contact with the

27  owner or operator of the vehicle by soliciting or offering

28  wrecker services or tow the vehicle. Any person who violates

29  this paragraph commits a misdemeanor of the second degree,

30  punishable as provided in s. 775.082 or s. 775.083.

31  

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 1         (d)  When a wrecker operator dispatched by an

 2  unauthorized wrecker company drives by the scene of a wrecked

 3  or disabled vehicle and the owner or operator initiates

 4  contact by signaling the wrecker operator to stop and provide

 5  wrecker services, the wrecker operator must disclose to the

 6  owner or operator of the vehicle that he or she was not

 7  dispatched by the authorized wrecker company designated as

 8  part of the wrecker allocation system and must disclose, in

 9  writing, what charges for towing and storage will apply before

10  the vehicle is connected to the towing apparatus. Any person

11  who violates this paragraph commits a misdemeanor of the

12  second degree, punishable as provided in s. 775.082 or s.

13  775.083.

14         (e)  A wrecker operator may not falsely identify

15  himself or herself as being part of, or as being employed by a

16  wrecker company that is part of, the wrecker allocation system

17  at the scene of a wrecked or disabled vehicle. Any person who

18  violates this paragraph commits a misdemeanor of the first

19  degree, punishable as provided in s. 775.082 or s. 775.083.

20         (3)  This section does not prohibit or in any way

21  prevent the owner or operator of a vehicle involved in a crash

22  or otherwise disabled from contacting any wrecker company for

23  the provision of wrecker services, regardless of whether the

24  wrecker company is an authorized wrecker company. If a law

25  enforcement officer determines that the disabled vehicle or

26  vehicle cargo is a public safety hazard, the officer may, in

27  the interest of public safety, dispatch an authorized wrecker

28  company if the officer believes that the authorized wrecker

29  company would arrive at the scene before the wrecker company

30  requested by the owner or operator of the disabled vehicle or

31  vehicle cargo.

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 1         (4)  A law enforcement officer may dispatch an

 2  authorized wrecker company out of rotation to the scene of a

 3  wrecked or disabled vehicle if the authorized wrecker company

 4  next on rotation is not equipped to provide the required

 5  wrecker services and the out-of-rotation authorized wrecker

 6  company is available with the required equipment. However,

 7  this subsection does not prohibit or prevent the owner or

 8  operator of a vehicle involved in a crash or otherwise

 9  disabled from contacting any wrecker company that is properly

10  equipped to provide the required wrecker services, regardless

11  of whether the wrecker company is an authorized wrecker

12  company, unless the law enforcement officer determines that

13  the wrecked or disabled vehicle or vehicle cargo is a public

14  safety hazard and the officer believes that the authorized

15  wrecker company would arrive at the scene before the wrecker

16  company requested by the owner or operator.

17         Section 19.  Effective January 1, 2008, section 713.78,

18  Florida Statutes, is amended to read:

19         713.78  Liens for recovering, towing, or storing

20  vehicles and vessels.--

21         (1)  As used in For the purposes of this section, the

22  term:

23         (a)  "Business day" means a day other than a Saturday,

24  Sunday, or federal or state legal holiday.

25         (b)  "Property owner" has the same meaning ascribed in

26  s. 715.07.

27         (c)(a)  "Vehicle" has the same meaning ascribed in s.

28  508.101 means any mobile item, whether motorized or not, which

29  is mounted on wheels.

30         (d)(b)  "Vessel" has the same meaning ascribed in s.

31  508.101 means every description of watercraft, barge, and

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 1  airboat used or capable of being used as a means of

 2  transportation on water, other than a seaplane or a

 3  "documented vessel" as defined in s. 327.02(9).

 4         (e)(c)  "Wrecker" has the same meaning ascribed in s.

 5  320.01 means any truck or other vehicle which is used to tow,

 6  carry, or otherwise transport motor vehicles or vessels upon

 7  the streets and highways of this state and which is equipped

 8  for that purpose with a boom, winch, car carrier, or other

 9  similar equipment.

10         (f)  "Wrecker company" has the same meaning ascribed in

11  s. 508.101.

12         (g)  "Wrecker operator" has the same meaning ascribed

13  in s. 508.101.

14         (2)  Whenever a wrecker company registered under

15  chapter 508 person regularly engaged in the business of

16  transporting vehicles or vessels by wrecker, tow truck, or car

17  carrier recovers, removes, or stores a vehicle or vessel upon

18  instructions from:

19         (a)  The owner of the vehicle or vessel thereof;

20         (b)  The property owner or lessor, or a person

21  authorized by the owner or lessor, of real property on which

22  the such vehicle or vessel is wrongfully parked without

23  permission, and the removal is done in compliance with s.

24  715.07; or

25         (c)  Any law enforcement agency,

26  

27  the wrecker company has she or he shall have a lien on the

28  vehicle or vessel for a reasonable towing fee and for a

29  reasonable storage fee,; except that no storage fee shall be

30  charged if the vehicle or vessel is stored for less than 6

31  hours.

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 1         (3)  This section does not authorize any person to

 2  claim a lien on a vehicle for fees or charges connected with

 3  the immobilization of the such vehicle using a vehicle boot or

 4  other similar device under pursuant to s. 715.07.

 5         (4)(a)  Any wrecker company that person regularly

 6  engaged in the business of recovering, towing, or storing

 7  vehicles or vessels who comes into possession of a vehicle or

 8  vessel under pursuant to subsection (2), and who claims a lien

 9  for recovery, towing, or storage services, shall give notice

10  to the registered owner, the insurance company insuring the

11  vehicle notwithstanding the provisions of s. 627.736, and to

12  all persons claiming a lien on the vehicle or vessel thereon,

13  as disclosed by the records in the Department of Highway

14  Safety and Motor Vehicles or of a corresponding agency in any

15  other state.

16         (b)  Whenever a any law enforcement agency authorizes

17  the removal of a vehicle or vessel or whenever a wrecker

18  company any towing service, garage, repair shop, or automotive

19  service, storage, or parking place notifies the law

20  enforcement agency of possession of a vehicle or vessel under

21  pursuant to s. 715.07(2)(a)2., the applicable law enforcement

22  agency shall contact the Department of Highway Safety and

23  Motor Vehicles, or the appropriate agency of the state of

24  registration, if known, within 24 hours through the medium of

25  electronic communications, giving the full description of the

26  vehicle or vessel. Upon receipt of the full description of the

27  vehicle or vessel, the department shall search its files to

28  determine the owner's name, the insurance company insuring the

29  vehicle or vessel, and whether any person has filed a lien

30  upon the vehicle or vessel as provided in s. 319.27(2) and (3)

31  and notify the applicable law enforcement agency within 72

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 1  hours. The wrecker company person in charge of the towing

 2  service, garage, repair shop, or automotive service, storage,

 3  or parking place shall obtain that such information from the

 4  applicable law enforcement agency within 5 days after the date

 5  of storage and shall give notice under pursuant to paragraph

 6  (a). The department may release the insurance company

 7  information to the requestor notwithstanding the provisions of

 8  s. 627.736.

 9         (c)  Notice by certified mail, return receipt

10  requested, shall be sent within 7 business days after the date

11  of storage of the vehicle or vessel to the registered owner,

12  the insurance company insuring the vehicle notwithstanding the

13  provisions of s. 627.736, and all persons of record claiming a

14  lien against the vehicle or vessel. The notice It shall state

15  the fact of possession of the vehicle or vessel and, that a

16  lien as provided in subsection (2) is claimed, that charges

17  have accrued and the amount of the charges thereof, that the

18  lien is subject to enforcement under pursuant to law, and that

19  the owner or lienholder, if any, has the right to a hearing as

20  set forth in subsection (5), and that any vehicle or vessel

21  that which remains unclaimed, or for which the charges for

22  recovery, towing, or storage services remain unpaid, may be

23  sold free of all prior liens after 35 days if the vehicle or

24  vessel is more than 3 years of age or after 50 days if the

25  vehicle or vessel is 3 years of age or less.

26         (d)  If the wrecker company is unable attempts to

27  identify locate the name and address of the owner or

28  lienholder prove unsuccessful, the wrecker company

29  towing-storage operator shall, after 7 business working days

30  following, excluding Saturday and Sunday, of the initial tow

31  or storage, notify the public agency of jurisdiction in

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 1  writing by certified mail or acknowledged hand delivery that

 2  the wrecker towing-storage company has been unable to identify

 3  locate the name and address of the owner or lienholder, and a

 4  physical search of the vehicle or vessel has disclosed no

 5  ownership information, and a good faith effort has been made.

 6  For purposes of this paragraph and subsection (9), the term

 7  "good faith effort" means that the following checks have been

 8  performed by the wrecker company to establish prior state of

 9  registration and for title:

10         1.  Check of vehicle or vessel for any type of tag, tag

11  record, temporary tag, or regular tag.

12         2.  Check of law enforcement report for tag number or

13  other information identifying the vehicle or vessel, if the

14  vehicle or vessel was towed at the request of a law

15  enforcement officer.

16         3.  Check of trip sheet or tow ticket of the wrecker

17  tow truck operator to see if a tag was on vehicle or vessel at

18  beginning of tow, if private tow.

19         4.  If there is no address of the owner on the impound

20  report, check of law enforcement report to see if an

21  out-of-state address is indicated from driver license

22  information.

23         5.  Check of vehicle or vessel for inspection sticker

24  or other stickers and decals that may indicate a state of

25  possible registration.

26         6.  Check of the interior of the vehicle or vessel for

27  any papers that may be in the glove box, trunk, or other areas

28  for a state of registration.

29         7.  Check of vehicle for vehicle identification number.

30         8.  Check of vessel for vessel registration number.

31  

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 1         9.  Check of vessel hull for a hull identification

 2  number, which should be carved, burned, stamped, embossed, or

 3  otherwise permanently affixed to the outboard side of the

 4  transom or, if there is no transom, to the outmost seaboard

 5  side at the end of the hull that bears the rudder or other

 6  steering mechanism.

 7         (5)(a)  The owner of a vehicle or vessel removed under

 8  pursuant to the provisions of subsection (2), or any person

 9  claiming a lien, other than the wrecker company towing-storage

10  operator, within 10 days after the time she or he has

11  knowledge of the location of the vehicle or vessel, may file a

12  complaint in the county court of the county in which the

13  vehicle or vessel is stored or in which the owner resides to

14  determine if her or his property was wrongfully taken or

15  withheld from her or him.

16         (b)  Upon filing of a complaint, an owner or lienholder

17  may have her or his vehicle or vessel released upon posting

18  with the court a cash or surety bond or other adequate

19  security equal to the amount of the charges for towing or

20  storage and lot rental amount to ensure the payment of the

21  such charges in the event she or he does not prevail. Upon the

22  posting of the bond and the payment of the applicable fee set

23  forth in s. 28.24, the clerk of the court shall issue a

24  certificate notifying the lienor of the posting of the bond

25  and directing the lienor to release the vehicle or vessel. At

26  the time of the such release, after reasonable inspection, she

27  or he shall give a receipt to the wrecker towing-storage

28  company reciting any claims she or he has for loss or damage

29  to the vehicle or vessel or to the contents of the vehicle or

30  vessel thereof.

31  

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 1         (c)  Upon determining the respective rights of the

 2  parties, the court shall may award damages, reasonable

 3  attorney's fees, and costs to in favor of the prevailing

 4  party. In any event, The final order shall require provide for

 5  immediate payment in full of the recovery, towing, and storage

 6  fees by the vehicle or vessel owner or lienholder,; by or the

 7  law enforcement agency ordering the tow,; or by the property

 8  owner, lessee, or agent thereof of the real property from

 9  which the vehicle or vessel was towed or removed under s.

10  715.07.

11         (6)  Any vehicle or vessel that which is stored under

12  pursuant to subsection (2) and which remains unclaimed, or for

13  which reasonable charges for recovery, towing, or storing

14  remain unpaid, and any contents not released under pursuant to

15  subsection (10), may be sold by the wrecker company owner or

16  operator of the storage space for the such towing or storage

17  charge after 35 days after from the time the vehicle or vessel

18  is stored in the wrecker company's storage facility therein if

19  the vehicle or vessel is more than 3 years of age or after 50

20  days after following the time the vehicle or vessel is stored

21  in the wrecker company's storage facility therein if the

22  vehicle or vessel is 3 years of age or less. The sale shall be

23  at public auction for cash. If the date of the sale is was not

24  included in the notice required in subsection (4), notice of

25  the sale shall be given to the person in whose name the

26  vehicle or vessel is registered and to all persons claiming a

27  lien on the vehicle or vessel as shown on the records of the

28  Department of Highway Safety and Motor Vehicles or of the

29  corresponding agency in any other state. Notice shall be sent

30  by certified mail, return receipt requested, to the owner of

31  the vehicle or vessel and the person having the recorded lien

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 1  on the vehicle or vessel at the address shown on the records

 2  of the registering agency and shall be mailed at least not

 3  less than 15 days before the date of the sale. After diligent

 4  search and inquiry, if the name and address of the registered

 5  owner or the owner of the recorded lien cannot be ascertained,

 6  the requirements of notice by mail may be dispensed with. In

 7  addition to the notice by mail, public notice of the time and

 8  place of sale shall be made by publishing a notice of the sale

 9  thereof one time, at least 10 days prior to the date of the

10  sale, in a newspaper of general circulation in the county in

11  which the sale is to be held. The proceeds of the sale, after

12  payment of reasonable towing and storage charges, and costs of

13  the sale, in that order of priority, shall be deposited with

14  the clerk of the circuit court for the county if the owner is

15  absent, and the clerk shall hold the such proceeds subject to

16  the claim of the person legally entitled to those proceeds

17  thereto. The clerk shall be entitled to receive 5 percent of

18  the such proceeds for the care and disbursement of the

19  proceeds thereof. The certificate of title issued under this

20  section law shall be discharged of all liens unless otherwise

21  provided by court order.

22         (7)(a)  A wrecker company, its wrecker operators, and

23  other employees or agents of the wrecker company operator

24  recovering, towing, or storing vehicles or vessels are is not

25  liable for damages connected with those such services, theft

26  of the such vehicles or vessels, or theft of personal property

27  contained in the such vehicles or vessels if those, provided

28  that such services are have been performed with reasonable

29  care and provided, further, that, in the case of removal of a

30  vehicle or vessel upon the request of a person purporting, and

31  reasonably appearing, to be the property owner or lessee, or a

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 1  person authorized by the owner or lessee, of the real property

 2  from which the such vehicle or vessel is removed, the such

 3  removal is has been done in compliance with s. 715.07.

 4  Further, a wrecker company, its wrecker operators, and other

 5  employees or agents of the wrecker company are operator is not

 6  liable for damage to a vehicle, a vessel, or cargo that

 7  obstructs the normal movement of traffic or creates a hazard

 8  to traffic and is removed in compliance with the request of a

 9  law enforcement officer.

10         (b)  For the purposes of this subsection, a wrecker

11  company, its wrecker operators, and other employees or agents

12  of the wrecker company are operator is presumed to use

13  reasonable care to prevent the theft of a vehicle or vessel or

14  of any personal property contained in the such vehicle or

15  vessel stored in the wrecker company's operator's storage

16  facility if all of the following apply:

17         1.  The wrecker company operator surrounds the storage

18  facility with a chain-link or solid-wall type fence at least 6

19  feet in height;

20         2.  The wrecker company illuminates operator has

21  illuminated the storage facility with lighting of sufficient

22  intensity to reveal persons and vehicles at a distance of at

23  least 150 feet during nighttime; and

24         3.  The wrecker company operator uses one or more of

25  the following security methods to discourage theft of vehicles

26  or vessels or of any personal property contained in such

27  vehicles or vessels stored in the wrecker company's operator's

28  storage facility:

29         a.  A night dispatcher or watchman remains on duty at

30  the storage facility from sunset to sunrise;

31  

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 1         b.  A security dog remains at the storage facility from

 2  sunset to sunrise;

 3         c.  Security cameras or other similar surveillance

 4  devices monitor the storage facility; or

 5         d.  A security guard service examines the storage

 6  facility at least once each hour from sunset to sunrise.

 7         (c)  Any law enforcement agency requesting that a motor

 8  vehicle be removed from an accident scene, street, or highway

 9  must conduct an inventory and prepare a written record of all

10  personal property found in the vehicle before the vehicle is

11  removed by a wrecker operator. However, if the owner or driver

12  of the motor vehicle is present and accompanies the vehicle,

13  an no inventory by law enforcement is not required. A wrecker

14  company, its wrecker operators, and other employees or agents

15  of the wrecker company are operator is not liable for the loss

16  of personal property alleged to be contained in such a vehicle

17  when the such personal property was not identified on the

18  inventory record prepared by the law enforcement agency

19  requesting the removal of the vehicle.

20         (8)  A wrecker company and its wrecker operators,

21  excluding person regularly engaged in the business of

22  recovering, towing, or storing vehicles or vessels, except a

23  person licensed under chapter 493 while engaged in

24  "repossession" activities as defined in s. 493.6101, may not

25  operate a wrecker, tow truck, or car carrier unless the name,

26  address, and telephone number of the wrecker company

27  performing the wrecker services service is clearly printed in

28  contrasting colors on the driver and passenger sides of the

29  wrecker its vehicle. The name must be in at least 3-inch

30  permanently affixed letters, and the address and telephone

31  number must be in at least 1-inch permanently affixed letters.

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 1         (9)  Failure to make good faith, best efforts to comply

 2  with the notice requirements of this section precludes shall

 3  preclude the imposition of any storage charges against the

 4  such vehicle or vessel.

 5         (10)  Each wrecker company that provides Persons who

 6  provide services under pursuant to this section shall permit

 7  vehicle or vessel owners or their agents, which agency is

 8  evidenced by an original writing acknowledged by the owner

 9  before a notary public or other person empowered by law to

10  administer oaths, to inspect the towed vehicle or vessel and

11  shall release to the owner or agent the vehicle, vessel, or

12  all personal property not affixed to the vehicle or vessel

13  that which was in the vehicle or vessel at the time the

14  vehicle or vessel came into the custody of the wrecker company

15  person providing those such services.

16         (11)(a)  A wrecker company that Any person regularly

17  engaged in the business of recovering, towing, or storing

18  vehicles or vessels who comes into possession of a vehicle or

19  vessel pursuant to subsection (2) and complies who has

20  complied with the provisions of subsections (3) and (6), when

21  the such vehicle or vessel is to be sold for purposes of being

22  dismantled, destroyed, or changed in such a manner that it is

23  not the motor vehicle or vessel described in the certificate

24  of title, must shall apply to the county tax collector for a

25  certificate of destruction. A certificate of destruction,

26  which authorizes the dismantling or destruction of the vehicle

27  or vessel described on the certificate therein, is shall be

28  reassignable no more than twice a maximum of two times before

29  dismantling or destruction of the vehicle or vessel is shall

30  be required, and, in lieu of a certificate of title, the

31  certificate of destruction shall accompany the vehicle or

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 1  vessel for which it is issued, when the such vehicle or vessel

 2  is sold for that purpose such purposes, in lieu of a

 3  certificate of title. The application for a certificate of

 4  destruction must include an affidavit from the applicant that

 5  it has complied with all applicable requirements of this

 6  section and, if the vehicle or vessel is not registered in

 7  this state, by a statement from a law enforcement officer that

 8  the vehicle or vessel is not reported stolen, and must also

 9  shall be accompanied by any other such documentation as may be

10  required by the department.

11         (b)  The Department of Highway Safety and Motor

12  Vehicles shall charge a fee of $3 for each certificate of

13  destruction. A service charge of $4.25 shall be collected and

14  retained by the tax collector who processes the application.

15         (c)  The Department of Highway Safety and Motor

16  Vehicles may adopt such rules to administer as it deems

17  necessary or proper for the administration of this subsection.

18         (12)(a)  Any person who violates any provision of

19  subsection (1), subsection (2), subsection (4), subsection

20  (5), subsection (6), or subsection (7) commits is guilty of a

21  misdemeanor of the first degree, punishable as provided in s.

22  775.082 or s. 775.083.

23         (b)  Any person who violates subsection (8), subsection

24  (9), subsection (10), or subsection (11) commits the

25  provisions of subsections (8) through (11) is guilty of a

26  felony of the third degree, punishable as provided in s.

27  775.082, s. 775.083, or s. 775.084.

28         (c)  Any person who uses a false or fictitious name,

29  gives a false or fictitious address, or makes any false

30  statement in any application or affidavit required under the

31  provisions of this section commits is guilty of a felony of

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 1  the third degree, punishable as provided in s. 775.082, s.

 2  775.083, or s. 775.084.

 3         (d)  Employees of the Department of Highway Safety and

 4  Motor Vehicles and law enforcement officers may are authorized

 5  to inspect the records of each wrecker company in this state

 6  any person regularly engaged in the business of recovering,

 7  towing, or storing vehicles or vessels or transporting

 8  vehicles or vessels by wrecker, tow truck, or car carrier, to

 9  ensure compliance with the requirements of this section. Any

10  person who fails to maintain records, or fails to produce

11  records when required in a reasonable manner and at a

12  reasonable time, commits a misdemeanor of the first degree,

13  punishable as provided in s. 775.082 or s. 775.083.

14         (13)(a)  Upon receipt by the Department of Highway

15  Safety and Motor Vehicles of written notice from a wrecker

16  company that operator who claims a wrecker company's

17  operator's lien under paragraph (2)(c) or paragraph (2)(d) for

18  recovery, towing, or storage of an abandoned vehicle or vessel

19  upon instructions from any law enforcement agency, for which a

20  certificate of destruction has been issued under subsection

21  (11), the department shall place the name of the registered

22  owner of that vehicle or vessel on the list of those persons

23  who may not be issued a license plate or revalidation sticker

24  for any motor vehicle under s. 320.03(8). If the vehicle or

25  vessel is owned jointly by more than one person, the name of

26  each registered owner shall be placed on the list. The notice

27  of wrecker company's operator's lien shall be submitted on

28  forms provided by the department, which must include:

29         1.  The name, address, and telephone number of the

30  wrecker company operator.

31  

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 1         2.  The name of the registered owner of the vehicle or

 2  vessel and the address to which the wrecker company operator

 3  provided notice of the lien to the registered owner under

 4  subsection (4).

 5         3.  A general description of the vehicle or vessel,

 6  including its color, make, model, body style, and year.

 7         4.  The vehicle identification number (VIN);

 8  registration license plate number, state, and year; validation

 9  decal number, state, and year; vessel registration number;

10  hull identification number; or other identification number, as

11  applicable.

12         5.  The name of the person or the corresponding law

13  enforcement agency that requested that the vehicle or vessel

14  be recovered, towed, or stored.

15         6.  The amount of the wrecker company's operator's

16  lien, not to exceed the amount allowed by paragraph (b).

17         (b)  For purposes of this subsection only, the amount

18  of the wrecker company's operator's lien for which the

19  department will prevent issuance of a license plate or

20  revalidation sticker may not exceed the amount of the charges

21  for recovery, towing, and storage of the vehicle or vessel for

22  7 days. These charges may not exceed the maximum rates imposed

23  by the ordinances of the respective county or municipality

24  under ss. 125.0103(1)(c) and 166.043(1)(c). This paragraph

25  does not limit the amount of a wrecker company's operator's

26  lien claimed under subsection (2) or prevent a wrecker company

27  operator from seeking civil remedies for enforcement of the

28  entire amount of the lien, but limits only that portion of the

29  lien for which the department will prevent issuance of a

30  license plate or revalidation sticker.

31  

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 1         (c)1.  The registered owner of a vehicle or vessel may

 2  dispute a wrecker company's operator's lien, by notifying the

 3  department of the dispute in writing on forms provided by the

 4  department, if at least one of the following applies:

 5         a.  The registered owner presents a notarized bill of

 6  sale proving that the vehicle or vessel was sold in a private

 7  or casual sale before the vehicle or vessel was recovered,

 8  towed, or stored.

 9         b.  The registered owner presents proof that the

10  Florida certificate of title of the vehicle or vessel was sold

11  to a licensed dealer as defined in s. 319.001 before the

12  vehicle or vessel was recovered, towed, or stored.

13         c.  The records of the department were marked "sold"

14  prior to the date of the tow.

15  

16  If the registered owner's dispute of a wrecker company's

17  operator's lien complies with one of these criteria, the

18  department shall immediately remove the registered owner's

19  name from the list of those persons who may not be issued a

20  license plate or revalidation sticker for any motor vehicle

21  under s. 320.03(8), thereby allowing issuance of a license

22  plate or revalidation sticker. If the vehicle or vessel is

23  owned jointly by more than one person, each registered owner

24  must dispute the wrecker company's operator's lien in order to

25  be removed from the list. However, the department shall deny

26  any dispute and maintain the registered owner's name on the

27  list of those persons who may not be issued a license plate or

28  revalidation sticker for any motor vehicle under s. 320.03(8)

29  if the wrecker company operator has provided the department

30  with a certified copy of the judgment of a court that which

31  orders the registered owner to pay the wrecker company's

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 1  operator's lien claimed under this section. In such a case,

 2  the amount of the wrecker company's operator's lien allowed by

 3  paragraph (b) may be increased to include no more than $500 of

 4  the reasonable costs and attorney's fees incurred in obtaining

 5  the judgment. The department's action under this subparagraph

 6  is ministerial in nature, shall not be considered final agency

 7  action, and is appealable only to the county court for the

 8  county in which the vehicle or vessel was ordered removed.

 9         2.  A person against whom a wrecker company's

10  operator's lien has been imposed may alternatively obtain a

11  discharge of the lien by filing a complaint, challenging the

12  validity of the lien or the amount of the lien thereof, in the

13  county court of the county in which the vehicle or vessel was

14  ordered removed. Upon filing of the complaint, the person may

15  have her or his name removed from the list of those persons

16  who may not be issued a license plate or revalidation sticker

17  for any motor vehicle under s. 320.03(8), thereby allowing

18  issuance of a license plate or revalidation sticker, upon

19  posting with the court a cash or surety bond or other adequate

20  security equal to the amount of the wrecker company's

21  operator's lien to ensure the payment of such lien in the

22  event she or he does not prevail. Upon the posting of the bond

23  and the payment of the applicable fee set forth in s. 28.24,

24  the clerk of the court shall issue a certificate notifying the

25  department of the posting of the bond and directing the

26  department to release the wrecker company's operator's lien.

27  Upon determining the respective rights of the parties, the

28  court may award damages and costs in favor of the prevailing

29  party.

30         3.  If a person against whom a wrecker company's

31  operator's lien has been imposed does not object to the lien,

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 1  but cannot discharge the lien by payment because the wrecker

 2  company operator has moved or gone out of business, the person

 3  may have her or his name removed from the list of those

 4  persons who may not be issued a license plate or revalidation

 5  sticker for any motor vehicle under s. 320.03(8), thereby

 6  allowing issuance of a license plate or revalidation sticker,

 7  upon posting with the clerk of court in the county in which

 8  the vehicle or vessel was ordered removed, a cash or surety

 9  bond or other adequate security equal to the amount of the

10  wrecker company's operator's lien. Upon the posting of the

11  bond and the payment of the application fee set forth in s.

12  28.24, the clerk of the court shall issue a certificate

13  notifying the department of the posting of the bond and

14  directing the department to release the wrecker company's

15  operator's lien. The department shall mail to the wrecker

16  company operator, at the address upon the lien form, notice

17  that the wrecker company operator must claim the security

18  within 60 days, or the security will be released back to the

19  person who posted it. At the conclusion of the 60 days, the

20  department shall direct the clerk as to which party is

21  entitled to payment of the security, less applicable clerk's

22  fees.

23         4.  A wrecker company's operator's lien expires 5 years

24  after filing.

25         (d)  Upon discharge of the amount of the wrecker

26  company's operator's lien allowed by paragraph (b), the

27  wrecker company operator must issue a certificate of

28  discharged wrecker company's operator's lien on forms provided

29  by the department to each registered owner of the vehicle or

30  vessel attesting that the amount of the wrecker company's

31  operator's lien allowed by paragraph (b) has been discharged.

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 1  Upon presentation of the certificate of discharged wrecker

 2  company's operator's lien by the registered owner, 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. Issuance of a certificate of

 8  discharged wrecker company's operator's lien under this

 9  paragraph does not discharge the entire amount of the wrecker

10  company's operator's lien claimed under subsection (2), but

11  only certifies to the department that the amount of the

12  wrecker company's operator's lien allowed by paragraph (b),

13  for which the department will prevent issuance of a license

14  plate or revalidation sticker, has been discharged.

15         (e)  When a wrecker company operator files a notice of

16  wrecker company's operator's lien under this subsection, the

17  department shall charge the wrecker company operator a fee of

18  $2, which shall be deposited into the General Revenue Fund

19  established under s. 860.158. A service charge of $2.50 shall

20  be collected and retained by the tax collector who processes a

21  notice of wrecker company's operator's lien.

22         (f)  This subsection applies only to the annual renewal

23  in the registered owner's birth month of a motor vehicle

24  registration and does not apply to the transfer of a

25  registration of a motor vehicle sold by a motor vehicle dealer

26  licensed under chapter 320, except for the transfer of

27  registrations which is inclusive of the annual renewals. This

28  subsection does not apply to any vehicle registered in the

29  name of the lessor. This subsection does not affect the

30  issuance of the title to a motor vehicle, notwithstanding s.

31  319.23(7)(b).

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 1         (g)  The Department of Highway Safety and Motor

 2  Vehicles may adopt rules pursuant to ss. 120.536(1) and 120.54

 3  to implement this subsection.

 4         Section 20.  The amendments to section 713.78, Florida

 5  Statutes, made by this act do not affect the validity of liens

 6  established under section 713.78, Florida Statutes, before

 7  January 1, 2008.

 8         Section 21.  Effective January 1, 2008, section 715.07,

 9  Florida Statutes, is amended to read:

10         715.07  Vehicles or vessels parked on real private

11  property without permission; towing.--

12         (1)  As used in this section, the term:

13         (a)  "Property owner" means an owner or lessee of real

14  property, or a person authorized by the owner or lessee, which

15  person may be the designated representative of the condominium

16  association if the real property is a condominium.

17         (b)(a)  "Vehicle" has the same meaning ascribed in s.

18  508.101 means any mobile item which normally uses wheels,

19  whether motorized or not.

20         (c)(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         (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         (2)  A property owner The owner or lessee of real

30  property, or any person authorized by the owner or lessee,

31  which person may be the designated representative of the

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 1  condominium association if the real property is a condominium,

 2  may cause a any vehicle or vessel parked on her or his such

 3  property without her or his permission to be removed by a

 4  wrecker company registered under chapter 508 person regularly

 5  engaged in the business of towing vehicles or vessels, without

 6  liability for the costs of removal, transportation, or storage

 7  or damages caused by the such removal, transportation, or

 8  storage, under any of the following circumstances:

 9         (a)  The towing or removal of any vehicle or vessel

10  from real private property without the consent of the

11  registered owner or other legally authorized person in control

12  of that vehicle or vessel is subject to strict compliance with

13  the following conditions and restrictions:

14         1.a.  Any towed or removed vehicle or vessel must be

15  stored at a storage facility site within a 10-mile radius of

16  the point of removal in any county with a population of

17  500,000 population or more, and within a 15-mile radius of the

18  point of removal in any county with a population of fewer less

19  than 500,000 population. The wrecker company's storage

20  facility That site must be open for the purpose of redemption

21  of vehicles and vessels on any day that the wrecker company

22  person or firm towing the such vehicle or vessel is open for

23  towing purposes, from 8 8:00 a.m. to 6 6:00 p.m., and, when

24  closed, must shall have prominently posted a sign indicating a

25  telephone number where the operator of the storage facility

26  site can be reached at all times. Upon receipt of a telephoned

27  request to open the storage facility site to redeem a vehicle

28  or vessel, the operator shall return to the storage facility

29  site within 1 hour or she or he is will be in violation of

30  this section.

31  

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 1         b.  If no wrecker company towing business providing

 2  such service is located within the area of towing limitations

 3  set forth in sub-subparagraph a., the following limitations

 4  apply: any towed or removed vehicle or vessel must be stored

 5  at a storage facility site within a 20-mile radius of the

 6  point of removal in any county with a population of 500,000

 7  population or more, and within a 30-mile radius of the point

 8  of removal in any county with a population of fewer less than

 9  500,000 population.

10         2.  The wrecker company person or firm towing or

11  removing the vehicle or vessel shall, within 30 minutes after

12  completion of the such towing or removal, notify the municipal

13  police department or, in an unincorporated area, the sheriff,

14  of the such towing or removal, the location of the storage

15  facility site, the time the vehicle or vessel was towed or

16  removed, and the make, model, color, and license plate number

17  of the vehicle or the make, model, color, and registration

18  number of the vessel. The wrecker company or description and

19  registration number of the vessel and shall also obtain the

20  name of the person at the police that department or sheriff's

21  office to whom such information is was reported and note that

22  name on the trip record.

23         3.  A wrecker operator person in the process of towing

24  or removing a vehicle or vessel from the premises or parking

25  lot in which the vehicle or vessel is not lawfully parked

26  without permission must stop when a person seeks the return of

27  the vehicle or vessel. The vehicle or vessel must be returned

28  upon the payment of a reasonable service fee of not more than

29  one-half of the posted rate for the towing or removal service

30  as provided in subparagraph 6. The vehicle or vessel may be

31  towed or removed if, after a reasonable opportunity, the owner

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 1  or legally authorized person in control of the vehicle or

 2  vessel is unable to pay the service fee or refuses to remove

 3  the vehicle or vessel that is parked without permission. If

 4  the vehicle or vessel is redeemed, a detailed signed receipt

 5  must be given to the person redeeming the vehicle or vessel.

 6         4.  A wrecker company, a wrecker operator, or another

 7  employee or agent of a wrecker company person may not pay or

 8  accept money or other valuable consideration for the privilege

 9  of towing or removing vehicles or vessels from a particular

10  location.

11         5.  Except for property appurtenant to and obviously a

12  part of a single-family residence, and except for instances

13  when notice is personally given to the owner or other legally

14  authorized person in control of the vehicle or vessel that the

15  area in which that vehicle or vessel is parked is reserved or

16  otherwise unavailable for unauthorized vehicles or vessels and

17  that the vehicle or vessel is subject to being removed at the

18  owner's or operator's expense, any property owner or lessee,

19  or person authorized by the property owner or lessee, before

20  prior to towing or removing any vehicle or vessel from real

21  private property without the consent of the owner or other

22  legally authorized person in control of that vehicle or

23  vessel, must post a notice meeting the following requirements:

24         a.  The notice must be prominently placed at each

25  driveway access or curb cut allowing vehicular access to the

26  property, within 5 feet from the public right-of-way line. If

27  there are no curbs or access barriers, at least one sign the

28  signs must be posted not less than one sign for each 25 feet

29  of lot frontage.

30         b.  The notice must clearly indicate, in at least not

31  less than 2-inch high, light-reflective letters on a

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 1  contrasting background, that unauthorized vehicles will be

 2  towed away at the owner's expense. The words "tow-away zone"

 3  must be included on the sign in at least not less than 4-inch

 4  high letters.

 5         c.  The notice must also provide the name and current

 6  telephone number of the wrecker company person or firm towing

 7  or removing the vehicles or vessels.

 8         d.  The sign structure containing the required notices

 9  must be permanently installed with the words "tow-away zone"

10  not less than 3 feet and not more than 6 feet above ground

11  level and must be continuously maintained on the property for

12  not less than 24 hours prior to the towing or removal of any

13  vehicles or vessels.

14         e.  The local government may require permitting and

15  inspection of these signs prior to any towing or removal of

16  vehicles or vessels being authorized.

17         f.  A business with 20 or fewer parking spaces

18  satisfies the notice requirements of this subparagraph by

19  prominently displaying a sign stating, "Reserved Parking for

20  Customers Only. Unauthorized Vehicles or Vessels Will be Towed

21  Away At the Owner's Expense," in at least not less than 4-inch

22  high, light-reflective letters on a contrasting background.

23         g.  A property owner towing or removing vessels from

24  real property must post notice, consistent with the

25  requirements in sub-subparagraphs a.-f., which apply to

26  vehicles, that unauthorized vehicles or vessels will be towed

27  away at the owner's expense.

28  

29  A business owner or lessee may authorize the removal of a

30  vehicle or vessel by a wrecker towing company registered under

31  chapter 508 when no tow-away sign is posted if the vehicle or

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 1  vessel is parked in such a manner that restricts the normal

 2  operation of business.; and If a vehicle or vessel parked on a

 3  public right-of-way obstructs access to a private driveway

 4  when no tow-away sign is posted, the owner or, lessee of the

 5  driveway, or the owner's or lessee's agent may have the

 6  vehicle or vessel removed by a wrecker towing company

 7  registered under chapter 508 upon signing an order that the

 8  vehicle or vessel be removed without a posted tow-away zone

 9  sign.

10         6.  Each wrecker company Any person or firm that tows

11  or removes vehicles or vessels and proposes to require an

12  owner, operator, or person in control of a vehicle or vessel

13  to pay the costs of towing and storage prior to redemption of

14  the vehicle or vessel must file and keep on record with the

15  local law enforcement agency a complete copy of the current

16  rates to be charged for the such services and post at the

17  wrecker company's storage facility site an identical rate

18  schedule and any written contracts with property owners,

19  lessees, or persons in control of real property that which

20  authorize the wrecker company such person or firm to remove

21  vehicles or vessels as provided in this section.

22         7.  Each wrecker company Any person or firm towing or

23  removing any vehicles or vessels from real private property

24  without the consent of the owner or other legally authorized

25  person in control of the vehicles or vessels shall, on each

26  wrecker any trucks, wreckers as defined in s. 320.01 s.

27  713.78(1)(c), or other vehicles used in the towing or removal,

28  have the name, address, and telephone number of the wrecker

29  company performing such service clearly printed in contrasting

30  colors on the driver and passenger sides of the wrecker

31  vehicle. The name must shall be in at least 3-inch permanently

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 1  affixed letters, and the address and telephone number must

 2  shall be in at least 1-inch permanently affixed letters.

 3         8.  Vehicle or vessel entry for the purpose of towing

 4  or removing the vehicle or vessel is shall be allowed with

 5  reasonable care on the part of the wrecker company and the

 6  wrecker operators person or firm towing the vehicle or vessel.

 7   A wrecker company, its wrecker operators, and other employees

 8  or agents of the wrecker company are not Such person or firm

 9  shall be liable for any damage occasioned to the vehicle or

10  vessel if such entry into the vehicle or vessel is performed

11  not in accordance with the standard of reasonable care.

12         9.  When a vehicle or vessel is has been towed or

13  removed under pursuant to this section, the wrecker company it

14  must release the vehicle or vessel be released to its owner or

15  an agent of the owner custodian within one hour after

16  requested. Any vehicle or vessel owner or the owner's agent

17  has shall have the right to inspect the vehicle or vessel

18  before accepting its return. A wrecker company may not require

19  any vehicle or vessel owner, custodian, or agent to, and no

20  release the wrecker company or waiver of any kind which would

21  release the person or firm towing the vehicle or vessel from

22  liability for damages noted by the owner or other legally

23  authorized person at the time of the redemption may be

24  required from any vehicle or vessel owner, custodian, or agent

25  as a condition of release of the vehicle or vessel to its

26  owner. A wrecker company must give a person paying towing and

27  storage charges under this section a detailed, signed receipt

28  showing the legal name of the wrecker company or person towing

29  or removing the vehicle or vessel must be given to the person

30  paying towing or storage charges at the time of payment,

31  whether requested or not.

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 1         (b)  The These requirements of this subsection are

 2  minimum standards and do not preclude enactment of additional

 3  regulations by any municipality or county, including the

 4  regulation of right to regulate rates when vehicles or vessels

 5  are towed from real private property.

 6         (3)  This section does not apply to vehicles or vessels

 7  that are reasonably identifiable from markings as law

 8  enforcement, firefighting, rescue squad, ambulance, or other

 9  emergency vehicles or vessels that are marked as such or to

10  property owned by any governmental entity.

11         (4)  When a person improperly causes a vehicle or

12  vessel to be removed, that such person is shall be liable to

13  the owner or lessee of the vehicle or vessel for the cost of

14  removal, transportation, and storage; any damages resulting

15  from the removal, transportation, or storage of the vehicle or

16  vessel; attorney's fees; and court costs.

17         (5)  Failure to make good faith efforts to comply with

18  the notice requirements in subparagraph (2)(a)5. precludes the

19  imposition of any towing or storage charges against the

20  vehicle or vessel.

21         (6)(5)(a)  Any person who violates subparagraph

22  (2)(a)2. or subparagraph (2)(a)6. commits a misdemeanor of the

23  first degree, punishable as provided in s. 775.082 or s.

24  775.083.

25         (b)  Any person who violates subparagraph (2)(a)1.,

26  subparagraph (2)(a)3., subparagraph (2)(a)4., subparagraph

27  (2)(a)7., or subparagraph (2)(a)9. commits a felony of the

28  third degree, punishable as provided in s. 775.082, s.

29  775.083, or s. 775.084.

30         Section 22.  Effective January 1, 2008, subsection (15)

31  of section 1.01, Florida Statutes, is repealed.

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    Florida Senate - 2007                     CS for CS for SB 612
    601-2655-07




 1         Section 23.  The sum of $693,000 is appropriated from

 2  the General Inspection Trust Fund to the Department of

 3  Agriculture and Consumer Services, and nine additional

 4  full-time-equivalent positions and associated salary rate of

 5  304,446 are authorized, for the purpose of implementing this

 6  act during the 2007-2008 fiscal year.

 7         Section 24.  Except as otherwise expressly provided in

 8  this act, this act shall take effect July 1, 2007.

 9  

10          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
11                            CS/SB 612

12                                 

13  Restructures membership on the Wrecker Operator Advisory
    Council.
14  
    Removes provisions requiring the certification and continuing
15  education of tow-truck operators.

16  Provides for the Wrecker Operator Advisory Council to make
    recommendations relating the certification and continuing
17  education of tow-truck operators.

18  Exempts independent automobile dealers from registration
    requirements.
19  
    Exempts recovery agents from the provisions of ch. 508, F.S.
20  

21  

22  

23  

24  

25  

26  

27  

28  

29  

30  

31  

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