CS/HB 93

1	A bill to be entitled
2	An act relating to wrecker services; creating chapter 508,
3	F.S.; providing for regulatory oversight of wrecker
4	services by the Department of Agriculture and Consumer
5	Services; creating s. 508.101, F.S.; providing
6	definitions; creating s. 508.102, F.S.; creating the
7	Wrecker Operator Advisory Council within the Department of
8	Agriculture and Consumer Services; directing the council
9	to prepare recommendations relating to education and
10	training and present the recommendations to the
11	Legislature and the Commissioner of Agriculture; providing
12	for membership, terms, and organization; providing for
13	meeting procedures and recordkeeping; providing for
14	reimbursement for travel and per diem expenses; directing
15	the department to provide support services for the
16	council; directing the council to review rules adopted by
17	the department and to advise the department on certain
18	matters relating to the wrecker industry; creating s.
19	508.103, F.S.; authorizing the department to adopt rules;
20	creating s. 508.105, F.S.; requiring wrecker companies to
21	register annually with the department; providing for the
22	registration application; providing for processing of
23	fingerprints by the Department of Law Enforcement;
24	requiring fees for processing; providing for issuance of
25	registration certificate; requiring display of the
26	certificate; providing requirements for advertisements;
27	requiring notification of changes in registration
28	information; requiring certain fees to be paid; requiring
29	certain companies to obtain a local business tax receipt
30	prior to registration renewal; requiring insurance
31	coverage; requiring the department to notify the
32	Department of Highway Safety and Motor Vehicles when a
33	registration has been suspended or revoked; creating s.
34	508.106, F.S.; authorizing the Department of Agriculture
35	and Consumer Services to deny, revoke, or refuse to renew
36	the registration of a wrecker company under certain
37	circumstances; creating s. 508.1061, F.S.; requiring a
38	wrecker company to accept certain forms of payment;
39	creating s. 508.107, F.S.; prohibiting certain acts;
40	creating ss. 508.108 and 508.109, F.S.; providing
41	administrative and civil penalties; creating s. 508.110,
42	F.S.; providing for registration and renewal fees;
43	creating s. 508.111, F.S.; providing for deposit and use
44	of fees, penalties, and other funds; creating s. 508.112,
45	F.S.; providing that the chapter does not apply to
46	recovery agents; creating s. 508.113, F.S.; authorizing
47	counties and municipalities to enact ordinances governing
48	wrecker operators; providing for the department to enter
49	into a cooperative agreement with a county or municipality
50	for the referral, investigation, and prosecution of
51	consumer complaints or enforcement of specified wrecker
52	services provisions; creating s. 508.114, F.S.; requiring
53	that a wrecker company maintain records of its services;
54	creating s. 508.104, F.S.; prohibiting a person from
55	owning, operating, or otherwise engaging in the business
56	of a wrecker company without first registering with the
57	department; requiring registration prior to issuance or
58	renewal of local business tax receipt; excluding certain
59	motor vehicle repair shops and dealers; creating s.
60	508.116, F.S.; providing criminal penalties; amending s.
61	120.80, F.S.; providing for appointment of a hearing
62	officer by the director of the Division of the Florida
63	Highway Patrol when a hearing is held to deny, suspend, or
64	remove a wrecker company from participating in the wrecker
65	allocation system; creating s. 205.1977, F.S.; prohibiting
66	a county or municipality from issuing or renewing a
67	business tax receipt for a wrecker company that is not
68	registered with the Department of Agriculture and Consumer
69	Services; amending s. 316.530, F.S., relating to towing
70	requirements; conforming terminology; amending s. 320.01,
71	F.S.; redefining the term "wrecker" for purposes of the
72	Florida Statutes; amending s. 320.03, F.S., relating to
73	withholding the motor vehicle registration plate or
74	revalidation sticker; providing for application of
75	provisions to wrecker companies rather than wrecker
76	operators; amending s. 320.0706, F.S.; requiring a wrecker
77	to display the registration license plate only on its
78	front; amending s. 320.0821, F.S.; revising requirements
79	for the issuance of wrecker license plates; requiring the
80	license plate to be displayed on the front of the wrecker;
81	amending s. 320.13, F.S., relating to dealer license
82	plates; conforming terminology; reenacting ss.
83	316.550(4)(a) and (9) and 320.08(5)(d) and (e), F.S.,
84	relating to special wrecker permits and license taxes, to
85	incorporate the amendment to s. 320.01, F.S., in
86	references thereto; amending s. 321.051, F.S.; revising
87	provisions for the Florida Highway Patrol wrecker operator
88	system; changing the designation to "wrecker allocation
89	system"; providing definitions; revising provisions that
90	authorize the Division of the Florida Highway Patrol
91	within the Department of Highway Safety and Motor Vehicles
92	to establish the system; revising requirements for the
93	system; limiting the system to using certain registered
94	wrecker companies; revising wrecker eligibility
95	requirements; revising provisions for procedures for
96	appeal of final orders by the department denying,
97	suspending, or revoking eligibility to participate;
98	prohibiting an unauthorized wrecker company and wrecker
99	operators dispatched by an unauthorized company from
100	engaging in certain activities; requiring those operators
101	to disclose certain information to the owner or operator
102	of a wrecked or disabled vehicle prior to towing;
103	providing penalties; providing for a law enforcement
104	officer to dispatch an authorized wrecker company other
105	than a company requested by the vehicle owner or operator
106	or to dispatch a company out of rotation; amending s.
107	323.001, F.S.; revising procedures for placement of a hold
108	on a vehicle at a storage facility; providing for
109	placement of a hold by a law enforcement agency; providing
110	definitions; revising provisions for payment of towing and
111	storage charges; revising rate limitation provisions;
112	amending s. 323.002, F.S.; revising provisions for county
113	and municipal wrecker operator systems; changing the
114	designation to "wrecker allocation systems"; providing
115	definitions; limiting the systems to using certain
116	registered wrecker companies; prohibiting an unauthorized
117	wrecker company and wrecker operators dispatched by an
118	unauthorized company from engaging in certain activities;
119	requiring those operators to disclose certain information
120	to the owner or operator of a wrecked or disabled vehicle
121	prior to towing; providing penalties; providing for a law
122	enforcement officer to dispatch an authorized wrecker
123	company other than a company requested by the vehicle
124	owner or operator or to dispatch a company out of
125	rotation; amending s. 713.78, F.S.; providing for claim of
126	lien by a wrecker company for recovering, removing, or
127	storing a vehicle or vessel; conforming provisions to
128	changes made by the act; providing definitions; requiring
129	notification to the vehicle or vessel owners, insurers,
130	and lienholders; providing for a law enforcement agency to
131	obtain information from the Department of Highway Safety
132	and Motor Vehicles and provide the information to the
133	wrecker company; providing notice procedures; providing
134	for content of the notice; providing for notice to the
135	agency of jurisdiction if the vehicle or vessel owner or
136	lienholder cannot be identified; revising procedures for
137	complaint by the vehicle or vessel owner; providing for
138	release of the vehicle or vessel; requiring damages,
139	attorney's fees, and costs to be awarded by the court;
140	requiring immediate payment of recovery, towing, and
141	storage fees to be ordered by the court; providing for
142	notice and sale of the vehicle or vessel by the wrecker
143	company; providing for distribution of proceeds; providing
144	for discharge of liens and issuance of certificate of
145	title; providing immunity from liability for a wrecker
146	company, its operators, and other employees or agents
147	under certain conditions; providing for a presumption of
148	the use of reasonable care; requiring wrecker company
149	information to be printed on the wrecker; specifying that
150	failure to make good faith, best efforts to comply with
151	notice requirements precludes imposition of storage
152	charges; requiring a wrecker company to provide access to
153	the vehicle or vessel; requiring release of the vehicle,
154	vessel, or personal property to the owner or agent of the
155	owner; requiring the wrecker company to obtain a
156	certificate of destruction in lieu of a certificate of
157	title when the vehicle or vessel is to be dismantled,
158	destroyed, or changed in such a manner that it is not the
159	motor vehicle or vessel described in the certificate of
160	title; providing for issuance of the certificate of
161	destruction by the county tax collector; providing
162	requirements for application for the certificate of
163	destruction; providing for reassignment of the certificate
164	of destruction; authorizing the Department of Highway
165	Safety and Motor Vehicles to adopt rules; providing
166	penalties for specified violations; authorizing the
167	Department of Highway Safety and Motor Vehicles to inspect
168	wrecker company records; directing the Department of
169	Highway Safety and Motor Vehicles, upon notice of lien
170	from a wrecker company, to place the name of the owner of
171	the vehicle or vessel on the list of those persons who may
172	not be issued a license plate or revalidation sticker for
173	a motor vehicle; providing for forms for the notice of
174	lien; providing for dispute by the owner; providing for
175	the owner's name to be removed from the list of those
176	persons who may not be issued a license plate or
177	revalidation sticker for a motor vehicle; providing for
178	lien expiration; requiring a certificate of discharge to
179	be issued by the wrecker company; providing for certain
180	fees and charges; providing for application and
181	exceptions; clarifying that the amendments made by the act
182	do not affect the validity of prior liens; amending s.
183	715.07, F.S., revising provisions for the towing and
184	storage of vehicles and vessels parked on real property
185	without permission; providing definitions; providing
186	requirements for storage facility operation; providing
187	requirements for a wrecker company, its operators, and
188	other employees or agents; prohibiting a wrecker company,
189	a wrecker operator, or another employee or agent of a
190	wrecker company from paying or accepting payment for the
191	privilege of removing vehicles or vessels from a
192	particular location; revising requirements for tow-away
193	signs to be posted by property owners; requiring a wrecker
194	company to maintain rate schedules with the local law
195	enforcement agency and to post rates and contracts at its
196	storage facility; revising requirements for certain
197	signage on a wrecker; providing immunity from liability
198	for a wrecker company, its operators, and other employees
199	or agents if entry into the vehicle or vessel is performed
200	with reasonable care; revising provisions for release of
201	the vehicle or vessel; providing that failure to comply
202	with notice requirements precludes a wrecker company from
203	imposing certain towing or storage charges; providing
204	penalties; repealing s. 1.01(15), F.S., relating to the
205	definition of the term "wrecker operator"; providing an
206	appropriation and authorizing additional positions;
207	providing effective dates.
208
209	Be It Enacted by the Legislature of the State of Florida:
210
211	Section 1.  Chapter 508, Florida Statutes, consisting of
212	sections 508.101, 508.102, 508.103, 508.105, 508.106, 508.1061,
213	508.107, 508.108, 508.109, 508.110, 508.111, 508.112, 508.113,
214	and 508.114, is created to read:
215	CHAPTER 508
216	WRECKER SERVICES
217	508.101  Definitions.--As used in this chapter, the term:
218	(1)  "Business entity" means any form of corporation,
219	limited liability company, partnership, association,
220	cooperative, joint venture, business trust, sole proprietorship,
221	or self-employed person conducting business in this state.
222	(2)  "Council" means the Wrecker Operator Advisory Council.
223	(3)  "Department" means the Department of Agriculture and
224	Consumer Services.
225	(4)  "Ultimate equitable owner" means a natural person who,
226	directly or indirectly, owns or controls 10 percent or more of
227	an ownership interest in a wrecker company, regardless of
228	whether the natural person owns or controls the ownership
229	interest through one or more natural persons or one or more
230	proxies, powers of attorney, nominees, business entities, or any
231	combination thereof.
232	(5)  "Vehicle" means any vehicle of a type that may be
233	registered under chapter 320 for operation on the roads of this
234	state, regardless of whether the vehicle is actually registered.
235	The term does not include a mobile home or manufactured home as
236	defined in s. 320.01.
237	(6)  "Vessel" means any type of watercraft, barge, or
238	airboat, however described, used or capable of being used as a
239	means of transportation on water, other than a seaplane or a
240	documented vessel as defined in s. 327.02.
241	(7)  "Wrecker" has the same meaning ascribed in s. 320.01.
242	(8)  "Wrecker company" means a business entity engaged for
243	hire in the business of towing, carrying, or transporting
244	vehicles or vessels by wrecker upon the streets and highways of
245	this state. The term does not include a person regularly engaged
246	in the business of transporting mobile homes.
247	(9)  "Wrecker operator" means a person who performs wrecker
248	services.
249	(10)  "Wrecker services" means towing, carrying, or
250	otherwise transporting vehicles or vessels by wrecker upon the
251	streets and highways of this state for hire. The term includes,
252	but is not limited to, each of the following:
253	(a)  Driving a wrecker.
254	(b)  Loading, securing, and unloading a vehicle or vessel
255	on a wrecker using a boom, winch, car carrier, or other similar
256	equipment.
257	(c)  Towing or removal of a wrecked, disabled, or abandoned
258	vehicle under the Florida Highway Patrol wrecker allocation
259	system pursuant to s. 321.051 or under a county or municipal
260	wrecker allocation system pursuant to s. 323.002.
261	(d)  Towing, recovery, or removal of a vehicle or vessel
262	under s. 713.78.
263	(e)  Towing, transportation, or removal of a vehicle or
264	vessel parked on real property without permission under s.
265	715.07.
266	(f)  Recovery of a vehicle or vessel.
267	508.102  Wrecker Operator Advisory Council.--
268	(1)  The Wrecker Operator Advisory Council is created
269	within the department. The council shall advise and assist the
270	department in administering this chapter.
271	(2)  The council shall prepare recommendations regarding
272	the need for a wrecker operator certification program and
273	establishment of educational and training requirements for
274	wrecker operators should such a certification program be deemed
275	necessary. The council shall present its recommendations to the
276	President of the Senate, the Speaker of the House of
277	Representatives, and the Commissioner of Agriculture by January
278	31, 2008.
279	(3)(a)  The council shall be composed of five members
280	appointed by the Commissioner of Agriculture.
281	(b)  One member of the council must be a wrecker company
282	owner-operator, one member must be a consumer, one member must
283	be an owner of a wrecker company with 10 or more employees, one
284	member must be an owner of a wrecker company with fewer than 10
285	employees, and one member must be a community college staff
286	person with expertise in and responsibility for establishing and
287	implementing continuing education programs. Each member must be
288	a resident of this state.
289	(c)  The term of each member of the council is 4 years,
290	except, to establish staggered terms, the owner-operator member,
291	the consumer member, and the community college staff member
292	shall be appointed initially for terms of 2 years each. Members
293	may be reappointed for additional terms not to exceed 8 years of
294	consecutive service. A vacancy shall be filled for the remainder
295	of the unexpired term in the same manner as the original
296	appointment.
297	(4)(a)  From among its members, the council shall annually
298	elect a chair, who shall preside over the meetings of the
299	council, and a vice chair.
300	(b)  In conducting its meetings, the council shall use
301	accepted rules of procedure. The department shall keep a
302	complete record of each meeting showing the names of members
303	present and the actions taken. These records and other documents
304	regarding matters within the jurisdiction of the council must be
305	kept on file with the department.
306	(5)  The members of the council shall serve without
307	compensation but are entitled to reimbursement of travel and per
308	diem expenses under s. 112.061.
309	(6)  The department shall provide administrative and staff
310	support services relating to the functions of the council.
311	(7)  The council shall review the rules adopted by the
312	department to administer this chapter and shall advise the
313	department on matters relating to industry standards and
314	practices and other issues that require technical expertise and
315	consultation or that promote better consumer protection in the
316	wrecker industry.
317	508.103  Rulemaking authority.--The department may adopt
318	rules under ss. 120.536(1) and 120.54 to administer this
319	chapter.
320	508.105  Registration requirements; renewal of
321	registrations.--
322	(1)  Each wrecker company engaged or attempting to engage
323	for hire in the business of towing, carrying, or transporting
324	vehicles or vessels by wrecker upon the streets and highways of
325	this state must annually register with the department on forms
326	prescribed by the department. The application for registration
327	must include at least the following information:
328	(a)  The name and federal employer identification number of
329	the wrecker company.
330	(b)  The mailing address, physical address, and telephone
331	number of the wrecker company's primary place of business.
332	(c)  The fictitious name under which the wrecker company
333	transacts business in this state.
334	(d)  The full name, residence address, business address,
335	and telephone number of the applicant. If the applicant is other
336	than a natural person, the application must also contain the
337	full name, residence address, business address, telephone
338	number, and federal employer identification number, if
339	applicable, of each ultimate equitable owner of the business
340	entity and each officer, director, partner, manager, member, or
341	managing member of the entity.
342	(e)  If the applicant is other than a natural person, the
343	full name of the business entity's registered agent and the
344	address of the registered office for service of process.
345	(f)  The physical address and telephone number of each
346	business location and each storage facility where the wrecker
347	company stores towed vehicles or vessels.
348	(2)  Each initial and renewal application for registration
349	must be accompanied by the registration fee prescribed in s.
350	508.110.
351	(3)  Each initial application for registration must be
352	accompanied by a complete set of the applicant's fingerprints
353	taken by a law enforcement agency. If the applicant is other
354	than a natural person, a complete set of fingerprints must be
355	filed for each ultimate equitable owner of the business entity
356	and each officer, director, partner, manager, member, or
357	managing member of the entity. The department shall submit the
358	fingerprints to the Department of Law Enforcement for state
359	processing, and the Department of Law Enforcement shall forward
360	the fingerprints to the Federal Bureau of Investigation for
361	national processing. The Department of Agriculture and Consumer
362	Services shall collect from each applicant the fingerprint
363	processing fee of $23 for state processing and an additional fee
364	for national processing for each applicant submitted. The
365	department shall screen background results to determine whether
366	the applicant meets the requirements for issuance of a
367	registration certificate. Registration renewal applications need
368	not be accompanied by a set of fingerprints for an individual
369	who previously submitted a set of fingerprints to the department
370	as part of a prior year's registration application.
371	(4)  The department shall review each application in
372	accordance with s. 120.60 and shall issue a registration
373	certificate, in the form and size prescribed by the department,
374	to each wrecker company whose application is approved. The
375	certificate must show at least the name and address of the
376	wrecker company and the registration number. The registration
377	certificate must be prominently displayed in the wrecker
378	company's primary place of business.
379	(5)  Each advertisement of a wrecker company must include
380	the phrase "Fla. Wrecker Co. Reg. No.     ." For the purpose of
381	this subsection, the term "advertisement" means a printed or
382	graphic statement made in a newspaper or other publication or
383	contained in any notice, handbill, or sign, including signage on
384	a vehicle, flyer, catalog, or letter.
385	(6)  A registration is invalid for a wrecker company
386	transacting business at a place other than the location
387	specified in the registration application unless the department
388	is first notified in writing before the change of location. A
389	registration issued under this chapter is not transferable or
390	assignable, and a wrecker company may not conduct business under
391	a name other than the name registered. A wrecker company
392	desiring to change its registered name, location, or registered
393	agent for service of process at a time other than upon renewal
394	of registration must notify the department of the change.
395	(7)(a)  Each registration must be renewed annually on or
396	before the expiration date of the current registration. A late
397	fee of $25 must be paid, in addition to the registration fee or
398	any other penalty, for a registration renewal application that
399	is received by the department after the expiration date of the
400	current registration. The department may not issue a
401	registration until all fees are paid.
402	(b)  A wrecker company whose primary place of business is
403	located within a county or municipality that requires, by local
404	ordinance, a local business tax receipt under chapter 205 may
405	not renew a registration under this chapter unless the wrecker
406	company obtains the business tax receipt from the county or
407	municipality.
408	(8)  Each wrecker company must provide the department with
409	a certificate of insurance for the insurance coverage required
410	under s. 627.7415 before the department may issue the
411	certificate for an initial or renewal registration. The
412	department must be named as a certificateholder on the insurance
413	certificate and must be notified at least 30 days before any
414	change in insurance coverage.
415	(9)  The department shall notify the Department of Highway
416	Safety and Motor Vehicles when a registration issued under this
417	chapter has been suspended or revoked by order of the
418	department. Notification must be sent within 10 days after the
419	department issues the suspension or revocation order.
420	508.106  Denial of registration.--The department may deny,
421	revoke, or refuse to renew the registration of a wrecker company
422	based upon a determination that the applicant or, if the
423	applicant is other than a natural person, the wrecker company or
424	any of its ultimate equitable owners, officers, directors,
425	partners, managers, members, or managing members has:
426	(1)  Not met the requirements for registration under this
427	chapter;
428	(2)  Been convicted or found guilty of, regardless of
429	adjudication, or pled guilty or nolo contendere to, a felony
430	within the last 10 years;
431	(3)  Been convicted or found guilty of, regardless of
432	adjudication, or pled guilty or nolo contendere to, a crime
433	within the last 10 years involving repossession of a motor
434	vehicle under chapter 493, repair of a motor vehicle under ss.
435	559.901-559.9221, theft of a motor vehicle under s. 812.014,
436	carjacking under s. 812.133, operation of a chop shop under s.
437	812.16, failure to maintain records of motor vehicle parts and
438	accessories under s. 860.14, violations relating to airbags
439	under s. 860.145 or use of fake airbags under s. 860.146,
440	overcharging for repairs and parts under s. 860.15, or a
441	violation of towing or storage requirements for a motor vehicle
442	under this chapter, s. 321.051, chapter 323, s. 713.78, or s.
443	715.07;
444	(4)  Not satisfied a civil fine or penalty arising out of
445	an administrative or enforcement action brought by the
446	department, another governmental agency, or a private person
447	based upon conduct involving a violation of this chapter;
448	(5)  Pending against him or her a criminal, administrative,
449	or enforcement proceeding in any jurisdiction based upon conduct
450	involving a violation of this chapter; or
451	(6)  Had a judgment entered against him or her in an action
452	brought by the department under this chapter.
453	508.1061  Acceptable forms of payment.--A wrecker company
454	shall accept a minimum of two of the three following forms of
455	payment:
456	(1)  Cash, cashier's check, money order, or traveler's
457	check.
458	(2)  Valid personal check, showing upon its face the name
459	and address of the vehicle or vessel owner or authorized
460	representative.
461	(3)  Valid credit card, including, but not limited to, Visa
462	or MasterCard.
463	508.107  Prohibited acts.--It is a violation of this
464	chapter for a person to:
465	(1)  Charge rates that exceed the maximum rates imposed by
466	the ordinances of the respective county or municipality under
467	ss. 125.0103(1)(c) and 166.043(1)(c).
468	(2)  Violate s. 321.051, relating to the Florida Highway
469	Patrol wrecker allocation system.
470	(3)  Violate s. 323.002, relating to county and municipal
471	wrecker allocation systems.
472	(4)  Violate s. 713.78, relating to liens for recovering,
473	towing, or storing vehicles and vessels.
474	(5)  Violate s. 715.07, relating to towing or removing
475	vehicles and vessels parked on real property without permission.
476	(6)  Refuse to allow a law enforcement officer to inspect a
477	towing and storage facility as required in s. 812.055.
478	(7)  Perform an act otherwise prohibited by this chapter or
479	fail to perform an act otherwise required by this chapter.
480	508.108  Administrative penalties; inspection of records.--
481	(1)  The department may take one or more of the following
482	actions if the department finds that a business is operating
483	without being registered under this chapter or has violated this
484	chapter or the rules or orders issued under this chapter:
485	(a)  Issue a notice of noncompliance under s. 120.695.
486	(b)  Impose an administrative fine not to exceed $5,000 for
487	each act or omission.
488	(c)  Direct the person to cease and desist specified
489	activities.
490	(d)  Refuse to register the wrecker company or suspend or
491	revoke the wrecker company's registration.
492	(e)  Place the wrecker company on probation for a period of
493	time, subject to the conditions specified by the department.
494	(2)  Chapter 120 shall govern an administrative proceeding
495	resulting from an order imposing a penalty specified in
496	subsection (1).
497	508.109  Civil penalties.--The department may bring a civil
498	action in a court of competent jurisdiction to recover any
499	penalties or damages allowed in this chapter and for injunctive
500	relief to enforce compliance with this chapter. The department
501	may seek a civil penalty of up to $5,000 for each violation of
502	this chapter and may seek restitution for and on behalf of any
503	owner of a vehicle or vessel who is aggrieved or injured by a
504	violation of this chapter.
505	508.110  Fees.--The department shall adopt by rule a fee
506	schedule not to exceed the following amounts:
507	(1)  Wrecker company registration fee: $495.
508	(2)  Wrecker company registration renewal fee: $495.
509	508.111  General Inspection Trust Fund; payments.--All
510	fees, penalties, or other funds collected by the department
511	under this chapter must be deposited in the General Inspection
512	Trust Fund and may only be used for the purpose of administering
513	this chapter.
514	508.112  Recovery agents; exemption.--This chapter does not
515	apply to a person licensed under chapter 493 performing
516	repossession services.
517	508.113  County and municipal ordinances.--A county or
518	municipality may enact ordinances governing the business of
519	transporting vehicles or vessels by wrecker that are more
520	restrictive than this chapter. This section does not limit the
521	authority of a political subdivision to impose regulatory fees
522	or charges or to levy local business taxes under chapter 205.
523	The department may enter into a cooperative agreement with any
524	county or municipality that provides for the referral,
525	investigation, and prosecution of consumer complaints alleging
526	violations of this chapter. The department is authorized to
527	delegate enforcement of this chapter to any county or
528	municipality entering into a cooperative agreement.
529	508.114  Records.--Each wrecker company shall maintain
530	records of its wrecker services for at least 12 months. These
531	records shall be maintained at the wrecker company's principal
532	place of business.
533	Section 2.  Effective January 1, 2008, section 508.104,
534	Florida Statutes, is created to read:
535	508.104  Wrecker companies; registration required.--
536	(1)  A person may not own, operate, solicit business for,
537	advertise services for, or otherwise engage for hire in the
538	business of a wrecker company in this state unless that person
539	is registered with the department under this chapter.
540	(2)  A person applying for or renewing a local business tax
541	receipt to engage for hire in the business of a wrecker company
542	must exhibit a current registration certificate from the
543	department before the local business tax receipt may be issued
544	or reissued under chapter 205.
545	(3)  This section does not apply to a motor vehicle repair
546	shop registered with the department under s. 559.904 that
547	derives at least 80 percent of its gross sales from motor
548	vehicle repairs or to any franchised motor vehicle dealer
549	licensed pursuant to s. 320.27 when wrecker services are
550	incidental to the operation of the franchise.
551	Section 3.  Effective July 1, 2008, section 508.116,
552	Florida Statutes, is created to read:
553	508.116  Criminal penalties.--A person who violates s.
554	508.104(1) by operating a wrecker company in this state without
555	being registered with the department under this chapter commits
556	a felony of the third degree, punishable as provided in s.
557	775.082, s. 775.083, or s. 775.084.
558	Section 4.  Effective January 1, 2008, paragraph (b) of
559	subsection (8) of section 120.80, Florida Statutes, is amended
560	to read:
561	120.80  Exceptions and special requirements; agencies.--
562	(8)  DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES.--
563	(b)  Wrecker companies operators.--Notwithstanding s.
564	120.57(1)(a), hearings held by the Division of the Florida
565	Highway Patrol of the Department of Highway Safety and Motor
566	Vehicles to deny, suspend, or remove a wrecker company operator
567	from participating in the wrecker allocation rotation system
568	established under by s. 321.051 need not be conducted by an
569	administrative law judge assigned by the division. These
570	hearings shall be held by a hearing officer appointed by the
571	director of the Division of the Florida Highway Patrol.
572	Section 5.  Effective January 1, 2008, section 205.1977,
573	Florida Statutes, is created to read:
574	205.1977  Wrecker companies; consumer protection.--A county
575	or municipality may not issue or renew a business tax receipt
576	for the operation of a wrecker company under chapter 508 unless
577	the wrecker company exhibits a current registration from the
578	Department of Agriculture and Consumer Services.
579	Section 6.  Subsection (3) of section 316.530, Florida
580	Statutes, is amended to read:
581	316.530  Towing requirements.--
582	(3)  Whenever a motor vehicle becomes disabled upon the
583	highways of this state and a wrecker or tow truck is required to
584	remove it to a repair shop or other appropriate location, if the
585	combined weights of those two vehicles and the loads thereon
586	exceed the maximum allowable weights as established by s.
587	316.535, no penalty shall be assessed either vehicle or driver.
588	However, this exception shall not apply to the load limits for
589	bridges and culverts established by the department as provided
590	in s. 316.555.
591	Section 7.  Subsection (40) of section 320.01, Florida
592	Statutes, is amended to read:
593	320.01  Definitions, general.--As used in the Florida
594	Statutes, except as otherwise provided, the term:
595	(40)  "Wrecker" means a tow truck or other any motor
596	vehicle that is used to tow, carry, or otherwise transport motor
597	vehicles or vessels upon the streets and highways of this state
598	and that is equipped for that purpose with a boom, winch, car
599	carrier, or other similar equipment.
600	Section 8.  Effective January 1, 2008, subsection (8) of
601	section 320.03, Florida Statutes, is amended to read:
602	320.03  Registration; duties of tax collectors;
603	International Registration Plan.--
604	(8)  If the applicant's name appears on the list referred
605	to in s. 316.1001(4), s. 316.1967(6), or s. 713.78(13), a
606	license plate or revalidation sticker may not be issued until
607	that person's name no longer appears on the list or until the
608	person presents a receipt from the clerk showing that the fines
609	outstanding have been paid. This subsection does not apply to
610	the owner of a leased vehicle if the vehicle is registered in
611	the name of the lessee of the vehicle. The tax collector and the
612	clerk of the court are each entitled to receive monthly, as
613	costs for implementing and administering this subsection, 10
614	percent of the civil penalties and fines recovered from such
615	persons. As used in this subsection, the term "civil penalties
616	and fines" does not include a wrecker company's operator's lien
617	as described in s. 713.78(13). If the tax collector has private
618	tag agents, such tag agents are entitled to receive a pro rata
619	share of the amount paid to the tax collector, based upon the
620	percentage of license plates and revalidation stickers issued by
621	the tag agent compared to the total issued within the county.
622	The authority of any private agent to issue license plates shall
623	be revoked, after notice and a hearing as provided in chapter
624	120, if he or she issues any license plate or revalidation
625	sticker contrary to the provisions of this subsection. This
626	section applies only to the annual renewal in the owner's birth
627	month of a motor vehicle registration and does not apply to the
628	transfer of a registration of a motor vehicle sold by a motor
629	vehicle dealer licensed under this chapter, except for the
630	transfer of registrations which is inclusive of the annual
631	renewals. This section does not affect the issuance of the title
632	to a motor vehicle, notwithstanding s. 319.23(7)(b).
633	Section 9.  Section 320.0706, Florida Statutes, is amended
634	to read:
635	320.0706  Display of license plates on trucks.--The owner
636	of any commercial truck of gross vehicle weight of 26,001 pounds
637	or more shall display the registration license plate on both the
638	front and rear of the truck in conformance with all the
639	requirements of s. 316.605 that do not conflict with this
640	section. The owner of a dump truck may place the rear license
641	plate on the gate no higher than 60 inches to allow for better
642	visibility. However, the owner of a truck tractor or a wrecker
643	must shall be required to display the registration license plate
644	only on the front of such vehicle.
645	Section 10.  Subsection (1) of section 320.0821, Florida
646	Statutes, is amended, and subsection (5) is added to that
647	section, to read:
648	320.0821  Wrecker license plates.--
649	(1)  The department shall issue one a wrecker license
650	plate, regardless of gross vehicle weight, to the owner of any
651	motor vehicle that is used to tow, carry, or otherwise transport
652	motor vehicles or vessels upon the streets and highways of this
653	state and that is equipped for that purpose with a boom, winch,
654	carrier, or other similar equipment, except a motor vehicle
655	registered under the International Registration Plan, upon
656	application and payment of the appropriate license tax and fees
657	in accordance with s. 320.08(5)(d) or (e).
658	(5)  A wrecker license plate must be displayed on the front
659	of such vehicle.
660	Section 11.  Effective January 1, 2008, subsection (1) of
661	section 320.0821, Florida Statutes, as amended by this act, is
662	amended to read:
663	320.0821  Wrecker license plates.--
664	(1)  The department shall issue one wrecker license plate,
665	regardless of gross vehicle weight, to the owner of a wrecker
666	any motor vehicle that is used to tow, carry, or otherwise
667	transport vehicles or vessels upon the streets and highways of
668	this state and that is equipped for that purpose with a boom,
669	winch, carrier, or other similar equipment, except a motor
670	vehicle registered under the International Registration Plan,
671	upon application and payment of the appropriate license tax and
672	fees in accordance with s. 320.08(5)(d) or (e).
673	Section 12.  Paragraph (a) of subsection (1) of section
674	320.13, Florida Statutes, is amended to read:
675	320.13  Dealer and manufacturer license plates and
676	alternative method of registration.--
677	(1)(a)  Any licensed motor vehicle dealer and any licensed
678	mobile home dealer may, upon payment of the license tax imposed
679	by s. 320.08(12), secure one or more dealer license plates,
680	which are valid for use on motor vehicles or mobile homes owned
681	by the dealer to whom such plates are issued while the motor
682	vehicles are in inventory and for sale, or while being operated
683	in connection with such dealer's business, but are not valid for
684	use for hire. Dealer license plates may not be used on any tow
685	truck or wrecker as defined in s. 320.01 unless the tow truck or
686	wrecker is being demonstrated for sale, and the dealer license
687	plates may not be used on a vehicle used to transport another
688	motor vehicle for the motor vehicle dealer.
689	Section 13.  For the purpose of incorporating the amendment
690	made by this act to section 320.01, Florida Statutes, in
691	references thereto, paragraph (a) of subsection (4) and
692	subsection (9) of section 316.550, Florida Statutes, are
693	reenacted to read:
694	316.550  Operations not in conformity with law; special
695	permits.--
696	(4)(a)  The Department of Transportation may issue a
697	wrecker special blanket permit to authorize a wrecker as defined
698	in s. 320.01(40) to tow a disabled vehicle as defined in s.
699	320.01(38) where the combination of the wrecker and the disabled
700	vehicle being towed exceeds the maximum weight limits as
701	established by s. 316.535.
702	(9)  Whenever any motor vehicle, or the combination of a
703	wrecker as defined in s. 320.01(40) and a towed motor vehicle,
704	exceeds any weight or dimensional criteria or special
705	operational or safety stipulation contained in a special permit
706	issued under the provisions of this section, the penalty
707	assessed to the owner or operator shall be as follows:
708	(a)  For violation of weight criteria contained in a
709	special permit, the penalty per pound or portion thereof
710	exceeding the permitted weight shall be as provided in s.
711	316.545.
712	(b)  For each violation of dimensional criteria in a
713	special permit, the penalty shall be as provided in s. 316.516
714	and penalties for multiple violations of dimensional criteria
715	shall be cumulative except that the total penalty for the
716	vehicle shall not exceed $1,000.
717	(c)  For each violation of an operational or safety
718	stipulation in a special permit, the penalty shall be an amount
719	not to exceed $1,000 per violation and penalties for multiple
720	violations of operational or safety stipulations shall be
721	cumulative except that the total penalty for the vehicle shall
722	not exceed $1,000.
723	(d)  For violation of any special condition that has been
724	prescribed in the rules of the Department of Transportation and
725	declared on the permit, the vehicle shall be determined to be
726	out of conformance with the permit and the permit shall be
727	declared null and void for the vehicle, and weight and
728	dimensional limits for the vehicle shall be as established in s.
729	316.515 or s. 316.535, whichever is applicable, and:
730	1.  For weight violations, a penalty as provided in s.
731	316.545 shall be assessed for those weights which exceed the
732	limits thus established for the vehicle; and
733	2.  For dimensional, operational, or safety violations, a
734	penalty as established in paragraph (c) or s. 316.516, whichever
735	is applicable, shall be assessed for each nonconforming
736	dimensional, operational, or safety violation and the penalties
737	for multiple violations shall be cumulative for the vehicle.
738	Section 14.  For the purpose of incorporating the amendment
739	made by this act to section 320.01, Florida Statutes, in
740	references thereto, paragraphs (d) and (e) of subsection (5) of
741	section 320.08, Florida Statutes, are reenacted to read:
742	320.08  License taxes.--Except as otherwise provided
743	herein, there are hereby levied and imposed annual license taxes
744	for the operation of motor vehicles, mopeds, motorized bicycles
745	as defined in s. 316.003(2), and mobile homes, as defined in s.
746	320.01, which shall be paid to and collected by the department
747	or its agent upon the registration or renewal of registration of
748	the following:
749	(5)  SEMITRAILERS, FEES ACCORDING TO GROSS VEHICLE WEIGHT;
750	SCHOOL BUSES; SPECIAL PURPOSE VEHICLES.--
751	(d)  A wrecker, as defined in s. 320.01(40), which is used
752	to tow a vessel as defined in s. 327.02(39), a disabled,
753	abandoned, stolen-recovered, or impounded motor vehicle as
754	defined in s. 320.01(38), or a replacement motor vehicle as
755	defined in s. 320.01(39): $30 flat.
756	(e)  A wrecker, as defined in s. 320.01(40), which is used
757	to tow any motor vehicle, regardless of whether or not such
758	motor vehicle is a disabled motor vehicle as defined in s.
759	320.01(38), a replacement motor vehicle as defined in s.
760	320.01(39), a vessel as defined in s. 327.02(39), or any other
761	cargo, as follows:
762	1.  Gross vehicle weight of 10,000 pounds or more, but less
763	than 15,000 pounds: $87 flat.
764	2.  Gross vehicle weight of 15,000 pounds or more, but less
765	than 20,000 pounds: $131 flat.
766	3.  Gross vehicle weight of 20,000 pounds or more, but less
767	than 26,000 pounds: $186 flat.
768	4.  Gross vehicle weight of 26,000 pounds or more, but less
769	than 35,000 pounds: $240 flat.
770	5.  Gross vehicle weight of 35,000 pounds or more, but less
771	than 44,000 pounds: $300 flat.
772	6.  Gross vehicle weight of 44,000 pounds or more, but less
773	than 55,000 pounds: $572 flat.
774	7.  Gross vehicle weight of 55,000 pounds or more, but less
775	than 62,000 pounds: $678 flat.
776	8.  Gross vehicle weight of 62,000 pounds or more, but less
777	than 72,000 pounds: $800 flat.
778	9.  Gross vehicle weight of 72,000 pounds or more: $979
779	flat.
780	Section 15.  Effective January 1, 2008, section 321.051,
781	Florida Statutes, is amended to read:
782	(Substantial rewording of section. See
783	s. 321.051, F.S., for present text.)
784	321.051  Florida Highway Patrol wrecker allocation system;
785	penalties for operation outside of system.--
786	(1)  As used in this section, the term:
787	(a)  "Authorized wrecker company" means a wrecker company
788	designated by the division as part of its wrecker allocation
789	system.
790	(b)  "Division" means the Division of the Florida Highway
791	Patrol within the Department of Highway Safety and Motor
792	Vehicles.
793	(c)  "Unauthorized wrecker company" means a wrecker company
794	not designated by the division as part of its wrecker allocation
795	system.
796	(d)  "Wrecker company" has the same meaning ascribed in s.
797	508.101.
798	(e)  "Wrecker operator" has the same meaning ascribed in s.
799	508.101.
800	(f)  "Wrecker services" has the same meaning ascribed in s.
801	508.101.
802	(2)(a)  The division may establish within areas designated
803	by the division a wrecker allocation system, using qualified,
804	reputable wrecker companies, for the removal from crash scenes
805	and the storage of wrecked or disabled vehicles when the owner
806	or operator is incapacitated or unavailable or leaves the
807	procurement of wrecker services to the officer at the scene and
808	for the removal and storage of abandoned vehicles.
809	(b)  The wrecker allocation system may use only wrecker
810	companies registered under chapter 508. Each reputable wrecker
811	company registered under chapter 508 is eligible for use in the
812	system if its equipment and wrecker operators meet the
813	recognized safety qualifications and mechanical standards set by
814	the division's rules for the size of vehicle they are designed
815	to handle. The division may limit the number of wrecker
816	companies participating in the wrecker allocation system.
817	(c)  The division may establish maximum rates for the
818	towing and storage of vehicles removed at the division's request
819	if those rates are not established by a county or municipality
820	under s. 125.0103 or s. 166.043. These rates are not rules for
821	the purpose of chapter 120; however, the Department of Highway
822	Safety and Motor Vehicles shall adopt rules prescribing the
823	procedures for setting these rates.
824	(d)  Notwithstanding chapter 120, a final order of the
825	Department of Highway Safety and Motor Vehicles denying,
826	suspending, or revoking a wrecker company's participation in the
827	wrecker allocation system may be appealed only in the manner and
828	within the time provided by the Florida Rules of Appellate
829	Procedure by a writ of certiorari issued by the circuit court in
830	the county in which the wrecker company's primary place of
831	business is located, as evidenced by the wrecker company's
832	registration under chapter 508.
833	(3)(a)  An unauthorized wrecker company, its wrecker
834	operators, or its other employees or agents may not monitor a
835	police radio for communications between patrol field units and
836	the dispatcher in order to determine the location of a wrecked
837	or disabled vehicle for the purpose of dispatching its wrecker
838	operator to drive by the scene of the vehicle in a manner
839	described in paragraph (b) or paragraph (c). Any person who
840	violates this paragraph commits a noncriminal violation,
841	punishable as provided in s. 775.083.
842	(b)  Except as provided in paragraph (c), a wrecker
843	operator dispatched by an unauthorized wrecker company who
844	drives by the scene of a wrecked or disabled vehicle before the
845	arrival of the wrecker operator dispatched by the authorized
846	wrecker company may not initiate contact with the owner or
847	operator of the vehicle by soliciting or offering wrecker
848	services or tow the vehicle. Any person who violates this
849	paragraph commits a misdemeanor of the second degree, punishable
850	as provided in s. 775.082 or s. 775.083.
851	(c)  When a wrecker operator dispatched by an unauthorized
852	wrecker company drives by the scene of a wrecked or disabled
853	vehicle and the owner or operator initiates contact by signaling
854	the wrecker operator to stop and provide wrecker services, the
855	wrecker operator must disclose to the owner or operator of the
856	vehicle that he or she was not dispatched by the authorized
857	wrecker company designated as part of the wrecker allocation
858	system and must disclose, in writing, what charges for towing
859	and storage will apply before the vehicle is connected to the
860	towing apparatus. Any person who violates this paragraph commits
861	a misdemeanor of the second degree, punishable as provided in s.
862	775.082 or s. 775.083.
863	(d)  A wrecker operator may not falsely identify himself or
864	herself as being part of, or as being employed by a wrecker
865	company that is part of, the wrecker allocation system at the
866	scene of a wrecked or disabled vehicle. Any person who violates
867	this paragraph commits a misdemeanor of the first degree,
868	punishable as provided in s. 775.082 or s. 775.083.
869	(4)  This section does not prohibit or in any way prevent
870	the owner or operator of a vehicle involved in a crash or
871	otherwise disabled from contacting any wrecker company for the
872	provision of wrecker services, regardless of whether the wrecker
873	company is an authorized wrecker company. However, if a law
874	enforcement officer determines that the disabled vehicle or
875	vehicle cargo is a public safety hazard, the officer may, in the
876	interest of public safety, dispatch an authorized wrecker
877	company if the officer believes that the authorized wrecker
878	company would arrive at the scene before the wrecker company
879	requested by the owner or operator of the disabled vehicle or
880	vehicle cargo.
881	(5)  A law enforcement officer may dispatch an authorized
882	wrecker company out of rotation to the scene of a wrecked or
883	disabled vehicle if the authorized wrecker company next on
884	rotation is not equipped to provide the required wrecker
885	services and the out-of-rotation authorized wrecker company is
886	available with the required equipment. However, this subsection
887	does not prohibit or prevent the owner or operator of a vehicle
888	involved in a crash or otherwise disabled from contacting any
889	wrecker company that is properly equipped to provide the
890	required wrecker services, regardless of whether the wrecker
891	company is an authorized wrecker company, unless the law
892	enforcement officer determines that the wrecked or disabled
893	vehicle or vehicle cargo is a public safety hazard and the
894	officer believes that the authorized wrecker company would
895	arrive at the scene before the wrecker company requested by the
896	owner or operator.
897	Section 16.  Effective January 1, 2008, section 323.001,
898	Florida Statutes, is amended to read:
899	(Substantial rewording of section. See
900	s. 323.001, F.S., for present text.)
901	323.001  Wrecker company storage facilities; vehicle
902	holds.--
903	(1)  As used in this section, the term:
904	(a)  "Business day" means a day other than a Saturday,
905	Sunday, or federal or state legal holiday.
906	(b)  "Wrecker company" has the same meaning ascribed in s.
907	508.101.
908	(2)  A law enforcement agency may place a hold on a motor
909	vehicle stored within a wrecker company's storage facility for 5
910	business days, thereby preventing a motor vehicle from being
911	released to its owner.
912	(3)  To extend a hold beyond 5 business days, the law
913	enforcement agency must notify the wrecker company in writing
914	before the expiration of the 5 business days. If notification is
915	not made within the 5 business days, the wrecker company must
916	release the vehicle to the designated person under s. 713.78.
917	(a)  If the hold is extended beyond the 5 business days,
918	the law enforcement agency may have the vehicle removed to a
919	designated impound lot and the vehicle may not be released by
920	the law enforcement agency to the owner or lienholder of the
921	vehicle until proof of payment of the towing and storage charges
922	incurred by the wrecker company is presented to the law
923	enforcement agency.
924	(b)  If the law enforcement agency chooses to have the
925	vehicle remain at the wrecker company's storage facility for
926	more than 5 business days under the written notification, the
927	law enforcement agency is responsible for paying the storage
928	charges incurred by the wrecker company for the requested
929	extended period. The owner or lienholder is responsible for
930	paying the accrued towing and storage charges for the first 5
931	business days, or any period less than the first 5 business
932	days, if the law enforcement agency moves the vehicle from the
933	wrecker company's storage facility to a designated impound lot
934	or provides written notification to extend the hold on the
935	vehicle before the expiration of the 5 business days.
936	(c)  The towing and storage rates for the owner or
937	lienholder of the held vehicle may not exceed the rates for the
938	law enforcement agency.
939	(4)  If there is a judicial finding of no probable cause
940	for having continued the immobilization or impoundment, the law
941	enforcement agency ordering the hold must pay the accrued
942	charges for any towing and storage.
943	(5)  The requirements for a written hold apply when:
944	(a)  The law enforcement officer has probable cause to
945	believe that the vehicle should be seized and forfeited under
946	the Florida Contraband Forfeiture Act, ss. 932.701-932.707;
947	(b)  The law enforcement officer has probable cause to
948	believe that the vehicle should be seized and forfeited under
949	chapter 370 or chapter 372;
950	(c)  The law enforcement officer has probable cause to
951	believe that the vehicle was used as a means to commit a crime;
952	(d)  The law enforcement officer has probable cause to
953	believe that the vehicle is itself evidence that a crime has
954	been committed or that the vehicle contains evidence, which
955	cannot readily be removed, that a crime has been committed;
956	(e)  The law enforcement officer has probable cause to
957	believe that the vehicle was involved in a traffic accident
958	resulting in death or personal injury and should be sealed for
959	investigation and collection of evidence by a vehicular homicide
960	investigator;
961	(f)  The vehicle is impounded or immobilized under s.
962	316.193 or s. 322.34; or
963	(g)  The law enforcement officer is complying with a court
964	order.
965	(6)  The hold must be in writing and must specify:
966	(a)  The name and agency of the law enforcement officer
967	placing the hold on the vehicle.
968	(b)  The date and time the hold is placed on the vehicle.
969	(c)  A general description of the vehicle, including its
970	color, make, model, body style, and year; vehicle identification
971	number; registration license plate number, state, and year; and
972	validation sticker number, state, and year.
973	(d)  The specific reason for placing the hold.
974	(e)  The condition of the vehicle.
975	(f)  The location where the vehicle is being held.
976	(g)  The name, address, and telephone number of the wrecker
977	company and the storage facility.
978	(7)  A wrecker company's storage facility must comply with
979	a hold placed by a law enforcement officer, including
980	instructions for inside or outside storage. A wrecker company's
981	storage facility may not release a motor vehicle subject to a
982	hold to any person except as directed by the law enforcement
983	agency placing the hold.
984	(8)  When a vehicle owner is found guilty of, regardless of
985	adjudication, or pleads nolo contendere to, the offense that
986	resulted in a hold being placed on his or her vehicle, the owner
987	must pay the accrued towing and storage charges assessed against
988	the vehicle.
989	Section 17.  Effective January 1, 2008, section 323.002,
990	Florida Statutes, is amended to read:
991	(Substantial rewording of section. See
992	s. 323.002, F.S., for present text.)
993	323.002  County and municipal wrecker allocation systems;
994	penalties for operation outside of system.--
995	(1)  As used in this section, the term:
996	(a)  "Authorized wrecker company" means a wrecker company
997	designated as part of the wrecker allocation system established
998	by the governmental unit having jurisdiction over the scene of a
999	wrecked, disabled, or abandoned vehicle.
1000	(b)  "Unauthorized wrecker company" means a wrecker company
1001	not designated as part of the wrecker allocation system
1002	established by the governmental unit having jurisdiction over
1003	the scene of a wrecked, disabled, or abandoned vehicle.
1004	(c)  "Wrecker allocation system" means a system for the
1005	towing or removal of wrecked, disabled, or abandoned vehicles,
1006	similar to the Florida Highway Patrol wrecker allocation system
1007	described in s. 321.051(2), under which a county or municipality
1008	contracts with one or more wrecker companies registered under
1009	chapter 508 for the towing or removal of wrecked, disabled, or
1010	abandoned vehicles from accident scenes, streets, or highways.
1011	Each wrecker allocation system must use a method for
1012	apportioning the towing assignments among the eligible wrecker
1013	companies through the creation of geographic zones or a rotation
1014	schedule or a combination of geographic zones and a rotation
1015	schedule.
1016	(d)  "Wrecker company" has the same meaning ascribed in s.
1017	508.101.
1018	(e)  "Wrecker operator" has the same meaning ascribed in s.
1019	508.101.
1020	(f)  "Wrecker services" has the same meaning ascribed in s.
1021	508.101.
1022	(2)  In a county or municipality that operates a wrecker
1023	allocation system:
1024	(a)  The wrecker allocation system may only use wrecker
1025	companies registered under chapter 508.
1026	(b)  An unauthorized wrecker company, its wrecker
1027	operators, or its other employees or agents may not monitor a
1028	police radio for communications between patrol field units and
1029	the dispatcher in order to determine the location of a wrecked
1030	or disabled vehicle for the purpose of dispatching its wrecker
1031	operator to drive by the scene of the vehicle in a manner
1032	described in paragraph (c) or paragraph (d). Any person who
1033	violates this paragraph commits a noncriminal violation,
1034	punishable as provided in s. 775.083.
1035	(c)  Except as provided in paragraph (d), a wrecker
1036	operator dispatched by an unauthorized wrecker company who
1037	drives by the scene of a wrecked or disabled vehicle before the
1038	arrival of the wrecker operator dispatched by the authorized
1039	wrecker company may not initiate contact with the owner or
1040	operator of the vehicle by soliciting or offering wrecker
1041	services or tow the vehicle. Any person who violates this
1042	paragraph commits a misdemeanor of the second degree, punishable
1043	as provided in s. 775.082 or s. 775.083.
1044	(d)  When a wrecker operator dispatched by an unauthorized
1045	wrecker company drives by the scene of a wrecked or disabled
1046	vehicle and the owner or operator initiates contact by signaling
1047	the wrecker operator to stop and provide wrecker services, the
1048	wrecker operator must disclose to the owner or operator of the
1049	vehicle that he or she was not dispatched by the authorized
1050	wrecker company designated as part of the wrecker allocation
1051	system and must disclose, in writing, what charges for towing
1052	and storage will apply before the vehicle is connected to the
1053	towing apparatus. Any person who violates this paragraph commits
1054	a misdemeanor of the second degree, punishable as provided in s.
1055	775.082 or s. 775.083.
1056	(e)  A wrecker operator may not falsely identify himself or
1057	herself as being part of, or as being employed by a wrecker
1058	company that is part of, the wrecker allocation system at the
1059	scene of a wrecked or disabled vehicle. Any person who violates
1060	this paragraph commits a misdemeanor of the first degree,
1061	punishable as provided in s. 775.082 or s. 775.083.
1062	(3)  This section does not prohibit or in any way prevent
1063	the owner or operator of a vehicle involved in a crash or
1064	otherwise disabled from contacting any wrecker company for the
1065	provision of wrecker services, regardless of whether the wrecker
1066	company is an authorized wrecker company. If a law enforcement
1067	officer determines that the disabled vehicle or vehicle cargo is
1068	a public safety hazard, the officer may, in the interest of
1069	public safety, dispatch an authorized wrecker company if the
1070	officer believes that the authorized wrecker company would
1071	arrive at the scene before the wrecker company requested by the
1072	owner or operator of the disabled vehicle or vehicle cargo.
1073	(4)  A law enforcement officer may dispatch an authorized
1074	wrecker company out of rotation to the scene of a wrecked or
1075	disabled vehicle if the authorized wrecker company next on
1076	rotation is not equipped to provide the required wrecker
1077	services and the out-of-rotation authorized wrecker company is
1078	available with the required equipment. However, this subsection
1079	does not prohibit or prevent the owner or operator of a vehicle
1080	involved in a crash or otherwise disabled from contacting any
1081	wrecker company that is properly equipped to provide the
1082	required wrecker services, regardless of whether the wrecker
1083	company is an authorized wrecker company, unless the law
1084	enforcement officer determines that the wrecked or disabled
1085	vehicle or vehicle cargo is a public safety hazard and the
1086	officer believes that the authorized wrecker company would
1087	arrive at the scene before the wrecker company requested by the
1088	owner or operator.
1089	Section 18.  Effective January 1, 2008, section 713.78,
1090	Florida Statutes, is amended to read:
1091	713.78  Liens for recovering, towing, or storing vehicles
1092	and vessels.--
1093	(1)  As used in For the purposes of this section, the term:
1094	(a)  "Business day" means a day other than a Saturday,
1095	Sunday, or federal or state legal holiday.
1096	(b)  "Property owner" has the same meaning ascribed in s.
1097	715.07.
1098	(c)(a)  "Vehicle" has the same meaning ascribed in s.
1099	508.101 means any mobile item, whether motorized or not, which
1100	is mounted on wheels.
1101	(d)(b)  "Vessel" has the same meaning ascribed in s.
1102	508.101 means every description of watercraft, barge, and
1103	airboat used or capable of being used as a means of
1104	transportation on water, other than a seaplane or a "documented
1105	vessel" as defined in s. 327.02(9).
1106	(e)(c)  "Wrecker" has the same meaning ascribed in s.
1107	320.01 means any truck or other vehicle which is used to tow,
1108	carry, or otherwise transport motor vehicles or vessels upon the
1109	streets and highways of this state and which is equipped for
1110	that purpose with a boom, winch, car carrier, or other similar
1111	equipment.
1112	(f)  "Wrecker company" has the same meaning ascribed in s.
1113	508.101.
1114	(g)  "Wrecker operator" has the same meaning ascribed in s.
1115	508.101.
1116	(2)  Whenever a wrecker company registered under chapter
1117	508 person regularly engaged in the business of transporting
1118	vehicles or vessels by wrecker, tow truck, or car carrier
1119	recovers, removes, or stores a vehicle or vessel upon
1120	instructions from:
1121	(a)  The owner of the vehicle or vessel thereof;
1122	(b)  The property owner or lessor, or a person authorized
1123	by the owner or lessor, of real property on which the such
1124	vehicle or vessel is wrongfully parked without permission, and
1125	the removal is done in compliance with s. 715.07; or
1126	(c)  Any law enforcement agency,
1127
1128	the wrecker company has she or he shall have a lien on the
1129	vehicle or vessel for a reasonable towing fee and for a
1130	reasonable storage fee,; except that no storage fee shall be
1131	charged if the vehicle or vessel is stored for less than 6
1132	hours.
1133	(3)  This section does not authorize any person to claim a
1134	lien on a vehicle for fees or charges connected with the
1135	immobilization of the such vehicle using a vehicle boot or other
1136	similar device under pursuant to s. 715.07.
1137	(4)(a)  Any wrecker company that person regularly engaged
1138	in the business of recovering, towing, or storing vehicles or
1139	vessels who comes into possession of a vehicle or vessel under
1140	pursuant to subsection (2), and who claims a lien for recovery,
1141	towing, or storage services, shall give notice to the registered
1142	owner, the insurance company insuring the vehicle
1143	notwithstanding the provisions of s. 627.736, and to all persons
1144	claiming a lien on the vehicle or vessel thereon, as disclosed
1145	by the records in the Department of Highway Safety and Motor
1146	Vehicles or of a corresponding agency in any other state.
1147	(b)  Whenever a any law enforcement agency authorizes the
1148	removal of a vehicle or vessel or whenever a wrecker company any
1149	towing service, garage, repair shop, or automotive service,
1150	storage, or parking place notifies the law enforcement agency of
1151	possession of a vehicle or vessel under pursuant to s.
1152	715.07(2)(a)2., the applicable law enforcement agency shall
1153	contact the Department of Highway Safety and Motor Vehicles, or
1154	the appropriate agency of the state of registration, if known,
1155	within 24 hours through the medium of electronic communications,
1156	giving the full description of the vehicle or vessel. Upon
1157	receipt of the full description of the vehicle or vessel, the
1158	department shall search its files to determine the owner's name,
1159	the insurance company insuring the vehicle or vessel, and
1160	whether any person has filed a lien upon the vehicle or vessel
1161	as provided in s. 319.27(2) and (3) and notify the applicable
1162	law enforcement agency within 72 hours. The wrecker company
1163	person in charge of the towing service, garage, repair shop, or
1164	automotive service, storage, or parking place shall obtain that
1165	such information from the applicable law enforcement agency
1166	within 5 days after the date of storage and shall give notice
1167	under pursuant to paragraph (a). The department may release the
1168	insurance company information to the requestor notwithstanding
1169	the provisions of s. 627.736.
1170	(c)  Notice by certified mail, return receipt requested,
1171	shall be sent within 7 business days after the date of storage
1172	of the vehicle or vessel to the registered owner, the insurance
1173	company insuring the vehicle notwithstanding the provisions of
1174	s. 627.736, and all persons of record claiming a lien against
1175	the vehicle or vessel. The notice It shall state the fact of
1176	possession of the vehicle or vessel and, that a lien as provided
1177	in subsection (2) is claimed, that charges have accrued and the
1178	amount of the charges thereof, that the lien is subject to
1179	enforcement under pursuant to law, and that the owner or
1180	lienholder, if any, has the right to a hearing as set forth in
1181	subsection (5), and that any vehicle or vessel that which
1182	remains unclaimed, or for which the charges for recovery,
1183	towing, or storage services remain unpaid, may be sold free of
1184	all prior liens after 35 days if the vehicle or vessel is more
1185	than 3 years of age or after 50 days if the vehicle or vessel is
1186	3 years of age or less.
1187	(d)  If the wrecker company is unable attempts to identify
1188	locate the name and address of the owner or lienholder prove
1189	unsuccessful, the wrecker company towing-storage operator shall,
1190	after 7 business working days following, excluding Saturday and
1191	Sunday, of the initial tow or storage, notify the public agency
1192	of jurisdiction in writing by certified mail or acknowledged
1193	hand delivery that the wrecker towing-storage company has been
1194	unable to identify locate the name and address of the owner or
1195	lienholder, and a physical search of the vehicle or vessel has
1196	disclosed no ownership information, and a good faith effort has
1197	been made. For purposes of this paragraph and subsection (9),
1198	the term "good faith effort" means that the following checks
1199	have been performed by the wrecker company to establish prior
1200	state of registration and for title:
1201	1.  Check of vehicle or vessel for any type of tag, tag
1202	record, temporary tag, or regular tag.
1203	2.  Check of law enforcement report for tag number or other
1204	information identifying the vehicle or vessel, if the vehicle or
1205	vessel was towed at the request of a law enforcement officer.
1206	3.  Check of trip sheet or tow ticket of the wrecker tow
1207	truck operator to see if a tag was on vehicle or vessel at
1208	beginning of tow, if private tow.
1209	4.  If there is no address of the owner on the impound
1210	report, check of law enforcement report to see if an out-of-
1211	state address is indicated from driver license information.
1212	5.  Check of vehicle or vessel for inspection sticker or
1213	other stickers and decals that may indicate a state of possible
1214	registration.
1215	6.  Check of the interior of the vehicle or vessel for any
1216	papers that may be in the glove box, trunk, or other areas for a
1217	state of registration.
1218	7.  Check of vehicle for vehicle identification number.
1219	8.  Check of vessel for vessel registration number.
1220	9.  Check of vessel hull for a hull identification number,
1221	which should be carved, burned, stamped, embossed, or otherwise
1222	permanently affixed to the outboard side of the transom or, if
1223	there is no transom, to the outmost seaboard side at the end of
1224	the hull that bears the rudder or other steering mechanism.
1225	(5)(a)  The owner of a vehicle or vessel removed under
1226	pursuant to the provisions of subsection (2), or any person
1227	claiming a lien, other than the wrecker company towing-storage
1228	operator, within 10 days after the time she or he has knowledge
1229	of the location of the vehicle or vessel, may file a complaint
1230	in the county court of the county in which the vehicle or vessel
1231	is stored or in which the owner resides to determine if her or
1232	his property was wrongfully taken or withheld from her or him.
1233	(b)  Upon filing of a complaint, an owner or lienholder may
1234	have her or his vehicle or vessel released upon posting with the
1235	court a cash or surety bond or other adequate security equal to
1236	the amount of the charges for towing or storage and lot rental
1237	amount to ensure the payment of the such charges in the event
1238	she or he does not prevail. Upon the posting of the bond and the
1239	payment of the applicable fee set forth in s. 28.24, the clerk
1240	of the court shall issue a certificate notifying the lienor of
1241	the posting of the bond and directing the lienor to release the
1242	vehicle or vessel. At the time of the such release, after
1243	reasonable inspection, she or he shall give a receipt to the
1244	wrecker towing-storage company reciting any claims she or he has
1245	for loss or damage to the vehicle or vessel or to the contents
1246	of the vehicle or vessel thereof.
1247	(c)  Upon determining the respective rights of the parties,
1248	the court shall may award damages, reasonable attorney's fees,
1249	and costs to in favor of the prevailing party. In any event, The
1250	final order shall require provide for immediate payment in full
1251	of the recovery, towing, and storage fees by the vehicle or
1252	vessel owner or lienholder,; by or the law enforcement agency
1253	ordering the tow,; or by the property owner, lessee, or agent
1254	thereof of the real property from which the vehicle or vessel
1255	was towed or removed under s. 715.07.
1256	(6)  Any vehicle or vessel that which is stored under
1257	pursuant to subsection (2) and which remains unclaimed, or for
1258	which reasonable charges for recovery, towing, or storing remain
1259	unpaid, and any contents not released under pursuant to
1260	subsection (10), may be sold by the wrecker company owner or
1261	operator of the storage space for the such towing or storage
1262	charge after 35 days after from the time the vehicle or vessel
1263	is stored in the wrecker company's storage facility therein if
1264	the vehicle or vessel is more than 3 years of age or after 50
1265	days after following the time the vehicle or vessel is stored in
1266	the wrecker company's storage facility therein if the vehicle or
1267	vessel is 3 years of age or less. The sale shall be at public
1268	auction for cash. If the date of the sale is was not included in
1269	the notice required in subsection (4), notice of the sale shall
1270	be given to the person in whose name the vehicle or vessel is
1271	registered and to all persons claiming a lien on the vehicle or
1272	vessel as shown on the records of the Department of Highway
1273	Safety and Motor Vehicles or of the corresponding agency in any
1274	other state. Notice shall be sent by certified mail, return
1275	receipt requested, to the owner of the vehicle or vessel and the
1276	person having the recorded lien on the vehicle or vessel at the
1277	address shown on the records of the registering agency and shall
1278	be mailed at least not less than 15 days before the date of the
1279	sale. After diligent search and inquiry, if the name and address
1280	of the registered owner or the owner of the recorded lien cannot
1281	be ascertained, the requirements of notice by mail may be
1282	dispensed with. In addition to the notice by mail, public notice
1283	of the time and place of sale shall be made by publishing a
1284	notice of the sale thereof one time, at least 10 days prior to
1285	the date of the sale, in a newspaper of general circulation in
1286	the county in which the sale is to be held. The proceeds of the
1287	sale, after payment of reasonable towing and storage charges,
1288	and costs of the sale, in that order of priority, shall be
1289	deposited with the clerk of the circuit court for the county if
1290	the owner is absent, and the clerk shall hold the such proceeds
1291	subject to the claim of the person legally entitled to those
1292	proceeds thereto. The clerk shall be entitled to receive 5
1293	percent of the such proceeds for the care and disbursement of
1294	the proceeds thereof. The certificate of title issued under this
1295	section law shall be discharged of all liens unless otherwise
1296	provided by court order.
1297	(7)(a)  A wrecker company, its wrecker operators, and other
1298	employees or agents of the wrecker company operator recovering,
1299	towing, or storing vehicles or vessels are is not liable for
1300	damages connected with those such services, theft of the such
1301	vehicles or vessels, or theft of personal property contained in
1302	the such vehicles or vessels if those, provided that such
1303	services are have been performed with reasonable care and
1304	provided, further, that, in the case of removal of a vehicle or
1305	vessel upon the request of a person purporting, and reasonably
1306	appearing, to be the property owner or lessee, or a person
1307	authorized by the owner or lessee, of the real property from
1308	which the such vehicle or vessel is removed, the such removal is
1309	has been done in compliance with s. 715.07. Further, a wrecker
1310	company, its wrecker operators, and other employees or agents of
1311	the wrecker company are operator is not liable for damage to a
1312	vehicle, a vessel, or cargo that obstructs the normal movement
1313	of traffic or creates a hazard to traffic and is removed in
1314	compliance with the request of a law enforcement officer.
1315	(b)  For the purposes of this subsection, a wrecker
1316	company, its wrecker operators, and other employees or agents of
1317	the wrecker company are operator is presumed to use reasonable
1318	care to prevent the theft of a vehicle or vessel or of any
1319	personal property contained in the such vehicle or vessel stored
1320	in the wrecker company's operator's storage facility if all of
1321	the following apply:
1322	1.  The wrecker company operator surrounds the storage
1323	facility with a chain-link or solid-wall type fence at least 6
1324	feet in height;
1325	2.  The wrecker company illuminates operator has
1326	illuminated the storage facility with lighting of sufficient
1327	intensity to reveal persons and vehicles at a distance of at
1328	least 150 feet during nighttime; and
1329	3.  The wrecker company operator uses one or more of the
1330	following security methods to discourage theft of vehicles or
1331	vessels or of any personal property contained in such vehicles
1332	or vessels stored in the wrecker company's operator's storage
1333	facility:
1334	a.  A night dispatcher or watchman remains on duty at the
1335	storage facility from sunset to sunrise;
1336	b.  A security dog remains at the storage facility from
1337	sunset to sunrise;
1338	c.  Security cameras or other similar surveillance devices
1339	monitor the storage facility; or
1340	d.  A security guard service examines the storage facility
1341	at least once each hour from sunset to sunrise.
1342	(c)  Any law enforcement agency requesting that a motor
1343	vehicle be removed from an accident scene, street, or highway
1344	must conduct an inventory and prepare a written record of all
1345	personal property found in the vehicle before the vehicle is
1346	removed by a wrecker operator. However, if the owner or driver
1347	of the motor vehicle is present and accompanies the vehicle, an
1348	no inventory by law enforcement is not required. A wrecker
1349	company, its wrecker operators, and other employees or agents of
1350	the wrecker company are operator is not liable for the loss of
1351	personal property alleged to be contained in such a vehicle when
1352	the such personal property was not identified on the inventory
1353	record prepared by the law enforcement agency requesting the
1354	removal of the vehicle.
1355	(8)  A wrecker company and its wrecker operators, excluding
1356	person regularly engaged in the business of recovering, towing,
1357	or storing vehicles or vessels, except a person licensed under
1358	chapter 493 while engaged in "repossession" activities as
1359	defined in s. 493.6101, may not operate a wrecker, tow truck, or
1360	car carrier unless the name, address, and telephone number of
1361	the wrecker company performing the wrecker services service is
1362	clearly printed in contrasting colors on the driver and
1363	passenger sides of the wrecker its vehicle. The name must be in
1364	at least 3-inch permanently affixed letters, and the address and
1365	telephone number must be in at least 1-inch permanently affixed
1366	letters.
1367	(9)  Failure to make good faith, best efforts to comply
1368	with the notice requirements of this section precludes shall
1369	preclude the imposition of any storage charges against the such
1370	vehicle or vessel.
1371	(10)  Each wrecker company that provides Persons who
1372	provide services under pursuant to this section shall permit
1373	vehicle or vessel owners or their agents, which agency is
1374	evidenced by an original writing acknowledged by the owner
1375	before a notary public or other person empowered by law to
1376	administer oaths, to inspect the towed vehicle or vessel and
1377	shall release to the owner or agent the vehicle, vessel, or all
1378	personal property not affixed to the vehicle or vessel that
1379	which was in the vehicle or vessel at the time the vehicle or
1380	vessel came into the custody of the wrecker company person
1381	providing those such services.
1382	(11)(a)  A wrecker company that Any person regularly
1383	engaged in the business of recovering, towing, or storing
1384	vehicles or vessels who comes into possession of a vehicle or
1385	vessel pursuant to subsection (2) and complies who has complied
1386	with the provisions of subsections (3) and (6), when the such
1387	vehicle or vessel is to be sold for purposes of being
1388	dismantled, destroyed, or changed in such a manner that it is
1389	not the motor vehicle or vessel described in the certificate of
1390	title, must shall apply to the county tax collector for a
1391	certificate of destruction. A certificate of destruction, which
1392	authorizes the dismantling or destruction of the vehicle or
1393	vessel described on the certificate therein, is shall be
1394	reassignable no more than twice a maximum of two times before
1395	dismantling or destruction of the vehicle or vessel is shall be
1396	required, and, in lieu of a certificate of title, the
1397	certificate of destruction shall accompany the vehicle or vessel
1398	for which it is issued, when the such vehicle or vessel is sold
1399	for that purpose such purposes, in lieu of a certificate of
1400	title. The application for a certificate of destruction must
1401	include an affidavit from the applicant that it has complied
1402	with all applicable requirements of this section and, if the
1403	vehicle or vessel is not registered in this state, by a
1404	statement from a law enforcement officer that the vehicle or
1405	vessel is not reported stolen, and must also shall be
1406	accompanied by any other such documentation as may be required
1407	by the department.
1408	(b)  The Department of Highway Safety and Motor Vehicles
1409	shall charge a fee of $3 for each certificate of destruction. A
1410	service charge of $4.25 shall be collected and retained by the
1411	tax collector who processes the application.
1412	(c)  The Department of Highway Safety and Motor Vehicles
1413	may adopt such rules to administer as it deems necessary or
1414	proper for the administration of this subsection.
1415	(12)(a)  Any person who violates any provision of
1416	subsection (1), subsection (2), subsection (4), subsection (5),
1417	subsection (6), or subsection (7) commits is guilty of a
1418	misdemeanor of the first degree, punishable as provided in s.
1419	775.082 or s. 775.083.
1420	(b)  Any person who violates subsection (8), subsection
1421	(9), subsection (10), or subsection (11) commits the provisions
1422	of subsections (8) through (11) is guilty of a felony of the
1423	third degree, punishable as provided in s. 775.082, s. 775.083,
1424	or s. 775.084.
1425	(c)  Any person who uses a false or fictitious name, gives
1426	a false or fictitious address, or makes any false statement in
1427	any application or affidavit required under the provisions of
1428	this section commits is guilty of a felony of the third degree,
1429	punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
1430	(d)  Employees of the Department of Highway Safety and
1431	Motor Vehicles and law enforcement officers may are authorized
1432	to inspect the records of each wrecker company in this state any
1433	person regularly engaged in the business of recovering, towing,
1434	or storing vehicles or vessels or transporting vehicles or
1435	vessels by wrecker, tow truck, or car carrier, to ensure
1436	compliance with the requirements of this section. Any person who
1437	fails to maintain records, or fails to produce records when
1438	required in a reasonable manner and at a reasonable time,
1439	commits a misdemeanor of the first degree, punishable as
1440	provided in s. 775.082 or s. 775.083.
1441	(13)(a)  Upon receipt by the Department of Highway Safety
1442	and Motor Vehicles of written notice from a wrecker company that
1443	operator who claims a wrecker company's operator's lien under
1444	paragraph (2)(c) or paragraph (2)(d) for recovery, towing, or
1445	storage of an abandoned vehicle or vessel upon instructions from
1446	any law enforcement agency, for which a certificate of
1447	destruction has been issued under subsection (11), the
1448	department shall place the name of the registered owner of that
1449	vehicle or vessel on the list of those persons who may not be
1450	issued a license plate or revalidation sticker for any motor
1451	vehicle under s. 320.03(8). If the vehicle or vessel is owned
1452	jointly by more than one person, the name of each registered
1453	owner shall be placed on the list. The notice of wrecker
1454	company's operator's lien shall be submitted on forms provided
1455	by the department, which must include:
1456	1.  The name, address, and telephone number of the wrecker
1457	company operator.
1458	2.  The name of the registered owner of the vehicle or
1459	vessel and the address to which the wrecker company operator
1460	provided notice of the lien to the registered owner under
1461	subsection (4).
1462	3.  A general description of the vehicle or vessel,
1463	including its color, make, model, body style, and year.
1464	4.  The vehicle identification number (VIN); registration
1465	license plate number, state, and year; validation decal number,
1466	state, and year; vessel registration number; hull identification
1467	number; or other identification number, as applicable.
1468	5.  The name of the person or the corresponding law
1469	enforcement agency that requested that the vehicle or vessel be
1470	recovered, towed, or stored.
1471	6.  The amount of the wrecker company's operator's lien,
1472	not to exceed the amount allowed by paragraph (b).
1473	(b)  For purposes of this subsection only, the amount of
1474	the wrecker company's operator's lien for which the department
1475	will prevent issuance of a license plate or revalidation sticker
1476	may not exceed the amount of the charges for recovery, towing,
1477	and storage of the vehicle or vessel for 7 days. These charges
1478	may not exceed the maximum rates imposed by the ordinances of
1479	the respective county or municipality under ss. 125.0103(1)(c)
1480	and 166.043(1)(c). This paragraph does not limit the amount of a
1481	wrecker company's operator's lien claimed under subsection (2)
1482	or prevent a wrecker company operator from seeking civil
1483	remedies for enforcement of the entire amount of the lien, but
1484	limits only that portion of the lien for which the department
1485	will prevent issuance of a license plate or revalidation
1486	sticker.
1487	(c)1.  The registered owner of a vehicle or vessel may
1488	dispute a wrecker company's operator's lien, by notifying the
1489	department of the dispute in writing on forms provided by the
1490	department, if at least one of the following applies:
1491	a.  The registered owner presents a notarized bill of sale
1492	proving that the vehicle or vessel was sold in a private or
1493	casual sale before the vehicle or vessel was recovered, towed,
1494	or stored.
1495	b.  The registered owner presents proof that the Florida
1496	certificate of title of the vehicle or vessel was sold to a
1497	licensed dealer as defined in s. 319.001 before the vehicle or
1498	vessel was recovered, towed, or stored.
1499	c.  The records of the department were marked "sold" prior
1500	to the date of the tow.
1501
1502	If the registered owner's dispute of a wrecker company's
1503	operator's lien complies with one of these criteria, the
1504	department shall immediately remove the registered owner's name
1505	from the list of those persons who may not be issued a license
1506	plate or revalidation sticker for any motor vehicle under s.
1507	320.03(8), thereby allowing issuance of a license plate or
1508	revalidation sticker. If the vehicle or vessel is owned jointly
1509	by more than one person, each registered owner must dispute the
1510	wrecker company's operator's lien in order to be removed from
1511	the list. However, the department shall deny any dispute and
1512	maintain the registered owner's name on the list of those
1513	persons who may not be issued a license plate or revalidation
1514	sticker for any motor vehicle under s. 320.03(8) if the wrecker
1515	company operator has provided the department with a certified
1516	copy of the judgment of a court that which orders the registered
1517	owner to pay the wrecker company's operator's lien claimed under
1518	this section. In such a case, the amount of the wrecker
1519	company's operator's lien allowed by paragraph (b) may be
1520	increased to include no more than $500 of the reasonable costs
1521	and attorney's fees incurred in obtaining the judgment. The
1522	department's action under this subparagraph is ministerial in
1523	nature, shall not be considered final agency action, and is
1524	appealable only to the county court for the county in which the
1525	vehicle or vessel was ordered removed.
1526	2.  A person against whom a wrecker company's operator's
1527	lien has been imposed may alternatively obtain a discharge of
1528	the lien by filing a complaint, challenging the validity of the
1529	lien or the amount of the lien thereof, in the county court of
1530	the county in which the vehicle or vessel was ordered removed.
1531	Upon filing of the complaint, the person may have her or his
1532	name removed from the list of those persons who may not be
1533	issued a license plate or revalidation sticker for any motor
1534	vehicle under s. 320.03(8), thereby allowing issuance of a
1535	license plate or revalidation sticker, upon posting with the
1536	court a cash or surety bond or other adequate security equal to
1537	the amount of the wrecker company's operator's lien to ensure
1538	the payment of such lien in the event she or he does not
1539	prevail. Upon the posting of the bond and the payment of the
1540	applicable fee set forth in s. 28.24, the clerk of the court
1541	shall issue a certificate notifying the department of the
1542	posting of the bond and directing the department to release the
1543	wrecker company's operator's lien. Upon determining the
1544	respective rights of the parties, the court may award damages
1545	and costs in favor of the prevailing party.
1546	3.  If a person against whom a wrecker company's operator's
1547	lien has been imposed does not object to the lien, but cannot
1548	discharge the lien by payment because the wrecker company
1549	operator has moved or gone out of business, the person may have
1550	her or his name removed from the list of those persons who may
1551	not be issued a license plate or revalidation sticker for any
1552	motor vehicle under s. 320.03(8), thereby allowing issuance of a
1553	license plate or revalidation sticker, upon posting with the
1554	clerk of court in the county in which the vehicle or vessel was
1555	ordered removed, a cash or surety bond or other adequate
1556	security equal to the amount of the wrecker company's operator's
1557	lien. Upon the posting of the bond and the payment of the
1558	application fee set forth in s. 28.24, the clerk of the court
1559	shall issue a certificate notifying the department of the
1560	posting of the bond and directing the department to release the
1561	wrecker company's operator's lien. The department shall mail to
1562	the wrecker company operator, at the address upon the lien form,
1563	notice that the wrecker company operator must claim the security
1564	within 60 days, or the security will be released back to the
1565	person who posted it. At the conclusion of the 60 days, the
1566	department shall direct the clerk as to which party is entitled
1567	to payment of the security, less applicable clerk's fees.
1568	4.  A wrecker company's operator's lien expires 5 years
1569	after filing.
1570	(d)  Upon discharge of the amount of the wrecker company's
1571	operator's lien allowed by paragraph (b), the wrecker company
1572	operator must issue a certificate of discharged wrecker
1573	company's operator's lien on forms provided by the department to
1574	each registered owner of the vehicle or vessel attesting that
1575	the amount of the wrecker company's operator's lien allowed by
1576	paragraph (b) has been discharged. Upon presentation of the
1577	certificate of discharged wrecker company's operator's lien by
1578	the registered owner, the department shall immediately remove
1579	the registered owner's name from the list of those persons who
1580	may not be issued a license plate or revalidation sticker for
1581	any motor vehicle under s. 320.03(8), thereby allowing issuance
1582	of a license plate or revalidation sticker. Issuance of a
1583	certificate of discharged wrecker company's operator's lien
1584	under this paragraph does not discharge the entire amount of the
1585	wrecker company's operator's lien claimed under subsection (2),
1586	but only certifies to the department that the amount of the
1587	wrecker company's operator's lien allowed by paragraph (b), for
1588	which the department will prevent issuance of a license plate or
1589	revalidation sticker, has been discharged.
1590	(e)  When a wrecker company operator files a notice of
1591	wrecker company's operator's lien under this subsection, the
1592	department shall charge the wrecker company operator a fee of
1593	$2, which shall be deposited into the General Revenue Fund
1594	established under s. 860.158. A service charge of $2.50 shall be
1595	collected and retained by the tax collector who processes a
1596	notice of wrecker company's operator's lien.
1597	(f)  This subsection applies only to the annual renewal in
1598	the registered owner's birth month of a motor vehicle
1599	registration and does not apply to the transfer of a
1600	registration of a motor vehicle sold by a motor vehicle dealer
1601	licensed under chapter 320, except for the transfer of
1602	registrations which is inclusive of the annual renewals. This
1603	subsection does not apply to any vehicle registered in the name
1604	of the lessor. This subsection does not affect the issuance of
1605	the title to a motor vehicle, notwithstanding s. 319.23(7)(b).
1606	(g)  The Department of Highway Safety and Motor Vehicles
1607	may adopt rules pursuant to ss. 120.536(1) and 120.54 to
1608	implement this subsection.
1609	Section 19.  The amendments to section 713.78, Florida
1610	Statutes, made by this act do not affect the validity of liens
1611	established under section 713.78, Florida Statutes, before
1612	January 1, 2008.
1613	Section 20.  Effective January 1, 2008, section 715.07,
1614	Florida Statutes, is amended to read:
1615	715.07  Vehicles or vessels parked on real private property
1616	without permission; towing.--
1617	(1)  As used in this section, the term:
1618	(a)  "Property owner" means an owner or lessee of real
1619	property, or a person authorized by the owner or lessee, which
1620	person may be the designated representative of the condominium
1621	association if the real property is a condominium.
1622	(b)(a)  "Vehicle" has the same meaning ascribed in s.
1623	508.101 means any mobile item which normally uses wheels,
1624	whether motorized or not.
1625	(c)(b)  "Vessel" has the same meaning ascribed in s.
1626	508.101 means every description of watercraft, barge, and
1627	airboat used or capable of being used as a means of
1628	transportation on water, other than a seaplane or a "documented
1629	vessel" as defined in s. 327.02(9).
1630	(d)  "Wrecker company" has the same meaning ascribed in s.
1631	508.101.
1632	(e)  "Wrecker operator" has the same meaning ascribed in s.
1633	508.101.
1634	(2)  A property owner The owner or lessee of real property,
1635	or any person authorized by the owner or lessee, which person
1636	may be the designated representative of the condominium
1637	association if the real property is a condominium, may cause a
1638	any vehicle or vessel parked on her or his such property without
1639	her or his permission to be removed by a wrecker company
1640	registered under chapter 508 person regularly engaged in the
1641	business of towing vehicles or vessels, without liability for
1642	the costs of removal, transportation, or storage or damages
1643	caused by the such removal, transportation, or storage, under
1644	any of the following circumstances:
1645	(a)  The towing or removal of any vehicle or vessel from
1646	real private property without the consent of the registered
1647	owner or other legally authorized person in control of that
1648	vehicle or vessel is subject to strict compliance with the
1649	following conditions and restrictions:
1650	1.a.  Any towed or removed vehicle or vessel must be stored
1651	at a storage facility site within a 10-mile radius of the point
1652	of removal in any county with a population of 500,000 population
1653	or more, and within a 15-mile radius of the point of removal in
1654	any county with a population of fewer less than 500,000
1655	population. The wrecker company's storage facility That site
1656	must be open for the purpose of redemption of vehicles and
1657	vessels on any day that the wrecker company person or firm
1658	towing the such vehicle or vessel is open for towing purposes,
1659	from 8 8:00 a.m. to 6 6:00 p.m., and, when closed, must shall
1660	have prominently posted a sign indicating a telephone number
1661	where the operator of the storage facility site can be reached
1662	at all times. Upon receipt of a telephoned request to open the
1663	storage facility site to redeem a vehicle or vessel, the
1664	operator shall return to the storage facility site within 1 hour
1665	or she or he is will be in violation of this section.
1666	b.  If no wrecker company towing business providing such
1667	service is located within the area of towing limitations set
1668	forth in sub-subparagraph a., the following limitations apply:
1669	any towed or removed vehicle or vessel must be stored at a
1670	storage facility site within a 20-mile radius of the point of
1671	removal in any county with a population of 500,000 population or
1672	more, and within a 30-mile radius of the point of removal in any
1673	county with a population of fewer less than 500,000 population.
1674	2.  The wrecker company person or firm towing or removing
1675	the vehicle or vessel shall, within 30 minutes after completion
1676	of the such towing or removal, notify the municipal police
1677	department or, in an unincorporated area, the sheriff, of the
1678	such towing or removal, the location of the storage facility
1679	site, the time the vehicle or vessel was towed or removed, and
1680	the make, model, color, and license plate number of the vehicle
1681	or the make, model, color, and registration number of the
1682	vessel. The wrecker company or description and registration
1683	number of the vessel and shall also obtain the name of the
1684	person at the police that department or sheriff's office to whom
1685	such information is was reported and note that name on the trip
1686	record.
1687	3.  A wrecker operator person in the process of towing or
1688	removing a vehicle or vessel from the premises or parking lot in
1689	which the vehicle or vessel is not lawfully parked without
1690	permission must stop when a person seeks the return of the
1691	vehicle or vessel. The vehicle or vessel must be returned upon
1692	the payment of a reasonable service fee of not more than one-
1693	half of the posted rate for the towing or removal service as
1694	provided in subparagraph 6. The vehicle or vessel may be towed
1695	or removed if, after a reasonable opportunity, the owner or
1696	legally authorized person in control of the vehicle or vessel is
1697	unable to pay the service fee or refuses to remove the vehicle
1698	or vessel that is parked without permission. If the vehicle or
1699	vessel is redeemed, a detailed signed receipt must be given to
1700	the person redeeming the vehicle or vessel.
1701	4.  A wrecker company, a wrecker operator, or another
1702	employee or agent of a wrecker company person may not pay or
1703	accept money or other valuable consideration for the privilege
1704	of towing or removing vehicles or vessels from a particular
1705	location.
1706	5.  Except for property appurtenant to and obviously a part
1707	of a single-family residence, and except for instances when
1708	notice is personally given to the owner or other legally
1709	authorized person in control of the vehicle or vessel that the
1710	area in which that vehicle or vessel is parked is reserved or
1711	otherwise unavailable for unauthorized vehicles or vessels and
1712	that the vehicle or vessel is subject to being removed at the
1713	owner's or operator's expense, any property owner or lessee, or
1714	person authorized by the property owner or lessee, before prior
1715	to towing or removing any vehicle or vessel from real private
1716	property without the consent of the owner or other legally
1717	authorized person in control of that vehicle or vessel, must
1718	post a notice meeting the following requirements:
1719	a.  The notice must be prominently placed at each driveway
1720	access or curb cut allowing vehicular access to the property,
1721	within 5 feet from the public right-of-way line. If there are no
1722	curbs or access barriers, at least one sign the signs must be
1723	posted not less than one sign for each 25 feet of lot frontage.
1724	b.  The notice must clearly indicate, in at least not less
1725	than 2-inch high, light-reflective letters on a contrasting
1726	background, that unauthorized vehicles will be towed away at the
1727	owner's expense. The words "tow-away zone" must be included on
1728	the sign in at least not less than 4-inch high letters.
1729	c.  The notice must also provide the name and current
1730	telephone number of the wrecker company person or firm towing or
1731	removing the vehicles or vessels.
1732	d.  The sign structure containing the required notices must
1733	be permanently installed with the words "tow-away zone" not less
1734	than 3 feet and not more than 6 feet above ground level and must
1735	be continuously maintained on the property for not less than 24
1736	hours prior to the towing or removal of any vehicles or vessels.
1737	e.  The local government may require permitting and
1738	inspection of these signs prior to any towing or removal of
1739	vehicles or vessels being authorized.
1740	f.  A business with 20 or fewer parking spaces satisfies
1741	the notice requirements of this subparagraph by prominently
1742	displaying a sign stating, "Reserved Parking for Customers Only.
1743	Unauthorized Vehicles or Vessels Will be Towed Away At the
1744	Owner's Expense," in at least not less than 4-inch high, light-
1745	reflective letters on a contrasting background.
1746	g.  A property owner towing or removing vessels from real
1747	property must post notice, consistent with the requirements in
1748	sub-subparagraphs a.-f., which apply to vehicles, that
1749	unauthorized vehicles or vessels will be towed away at the
1750	owner's expense.
1751
1752	A business owner or lessee may authorize the removal of a
1753	vehicle or vessel by a wrecker towing company registered under
1754	chapter 508 when no tow-away sign is posted if the vehicle or
1755	vessel is parked in such a manner that restricts the normal
1756	operation of business.; and If a vehicle or vessel parked on a
1757	public right-of-way obstructs access to a private driveway when
1758	no tow-away sign is posted, the owner or, lessee of the
1759	driveway, or the owner's or lessee's agent may have the vehicle
1760	or vessel removed by a wrecker towing company registered under
1761	chapter 508 upon signing an order that the vehicle or vessel be
1762	removed without a posted tow-away zone sign.
1763	6.  Each wrecker company Any person or firm that tows or
1764	removes vehicles or vessels and proposes to require an owner,
1765	operator, or person in control of a vehicle or vessel to pay the
1766	costs of towing and storage prior to redemption of the vehicle
1767	or vessel must file and keep on record with the local law
1768	enforcement agency a complete copy of the current rates to be
1769	charged for the such services and post at the wrecker company's
1770	storage facility site an identical rate schedule and any written
1771	contracts with property owners, lessees, or persons in control
1772	of real property that which authorize the wrecker company such
1773	person or firm to remove vehicles or vessels as provided in this
1774	section.
1775	7.  Each wrecker company Any person or firm towing or
1776	removing any vehicles or vessels from real private property
1777	without the consent of the owner or other legally authorized
1778	person in control of the vehicles or vessels shall, on each
1779	wrecker any trucks, wreckers as defined in s. 320.01 s.
1780	713.78(1)(c), or other vehicles used in the towing or removal,
1781	have the name, address, and telephone number of the wrecker
1782	company performing such service clearly printed in contrasting
1783	colors on the driver and passenger sides of the wrecker vehicle.
1784	The name must shall be in at least 3-inch permanently affixed
1785	letters, and the address and telephone number must shall be in
1786	at least 1-inch permanently affixed letters.
1787	8.  Vehicle or vessel entry for the purpose of towing or
1788	removing the vehicle or vessel is shall be allowed with
1789	reasonable care on the part of the wrecker company and the
1790	wrecker operators person or firm towing the vehicle or vessel. A
1791	wrecker company, its wrecker operators, and other employees or
1792	agents of the wrecker company are not Such person or firm shall
1793	be liable for any damage occasioned to the vehicle or vessel if
1794	such entry into the vehicle or vessel is performed not in
1795	accordance with the standard of reasonable care.
1796	9.  When a vehicle or vessel is has been towed or removed
1797	under pursuant to this section, the wrecker company it must
1798	release the vehicle or vessel be released to its owner or an
1799	agent of the owner custodian within one hour after requested.
1800	Any vehicle or vessel owner or the owner's agent has shall have
1801	the right to inspect the vehicle or vessel before accepting its
1802	return. A wrecker company may not require any vehicle or vessel
1803	owner, custodian, or agent to, and no release the wrecker
1804	company or waiver of any kind which would release the person or
1805	firm towing the vehicle or vessel from liability for damages
1806	noted by the owner or other legally authorized person at the
1807	time of the redemption may be required from any vehicle or
1808	vessel owner, custodian, or agent as a condition of release of
1809	the vehicle or vessel to its owner. A wrecker company must give
1810	a person paying towing and storage charges under this section a
1811	detailed, signed receipt showing the legal name of the wrecker
1812	company or person towing or removing the vehicle or vessel must
1813	be given to the person paying towing or storage charges at the
1814	time of payment, whether requested or not.
1815	(b)  The These requirements of this subsection are minimum
1816	standards and do not preclude enactment of additional
1817	regulations by any municipality or county, including the
1818	regulation of right to regulate rates when vehicles or vessels
1819	are towed from real private property.
1820	(3)  This section does not apply to vehicles or vessels
1821	that are reasonably identifiable from markings as law
1822	enforcement, firefighting, rescue squad, ambulance, or other
1823	emergency vehicles or vessels that are marked as such or to
1824	property owned by any governmental entity.
1825	(4)  When a person improperly causes a vehicle or vessel to
1826	be removed, that such person is shall be liable to the owner or
1827	lessee of the vehicle or vessel for the cost of removal,
1828	transportation, and storage; any damages resulting from the
1829	removal, transportation, or storage of the vehicle or vessel;
1830	attorney's fees; and court costs.
1831	(5)  Failure to make good faith efforts to comply with the
1832	notice requirements in subparagraph (2)(a)5. precludes the
1833	imposition of any towing or storage charges against the vehicle
1834	or vessel.
1835	(6)(5)(a)  Any person who violates subparagraph (2)(a)2. or
1836	subparagraph (2)(a)6. commits a misdemeanor of the first degree,
1837	punishable as provided in s. 775.082 or s. 775.083.
1838	(b)  Any person who violates subparagraph (2)(a)1.,
1839	subparagraph (2)(a)3., subparagraph (2)(a)4., subparagraph
1840	(2)(a)7., or subparagraph (2)(a)9. commits a felony of the third
1841	degree, punishable as provided in s. 775.082, s. 775.083, or s.
1842	775.084.
1843	Section 21.  Effective January 1, 2008, subsection (15) of
1844	section 1.01, Florida Statutes, is repealed.
1845	Section 22.  The sum of $693,000 is appropriated from the
1846	General Inspection Trust Fund to the Department of Agriculture
1847	and Consumer Services, and nine additional full-time-equivalent
1848	positions are authorized, for the purpose of implementing this
1849	act during the 2007-2008 fiscal year.
1850	Section 23.  Except as otherwise expressly provided in this
1851	act, this act shall take effect July 1, 2007.

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