Florida Senate - 2008 SB 672
By Senator Crist
12-00284A-08 2008672__
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A bill to be entitled
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An act relating to wrecker services; creating chapter 508,
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F.S.; providing for regulatory oversight of wrecker
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services by the Department of Agriculture and Consumer
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Services; creating s. 508.101, F.S.; providing
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definitions; creating s. 508.102, F.S.; creating the
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Wrecker Operator Advisory Council within the Department of
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Agriculture and Consumer Services; providing for
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membership, terms, and organization; providing procedures
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for meetings and recordkeeping; providing for
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reimbursement for travel and per diem expenses; directing
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the department to provide support services for the
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council; directing the council to review rules adopted by
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the department and to advise the department on matters
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relating to standards and practices in the wrecker
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industry; creating s. 508.103, F.S.; authorizing the
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department to adopt rules; creating s. 508.105, F.S.;
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requiring wrecker companies to register annually with the
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department; providing for the registration application;
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providing for the processing of fingerprints by the
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Department of Law Enforcement; requiring fees for
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processing; providing for issuance of a registration
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certificate; requiring display of the certificate;
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providing requirements for advertisements; requiring
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notification of changes in registration information;
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requiring payment of certain fees; requiring certain
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companies to obtain a local business tax receipt prior to
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registration renewal; requiring insurance coverage;
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requiring the department to notify the Department of
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Highway Safety and Motor Vehicles when a registration has
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been suspended or revoked; creating s. 508.106, F.S.;
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authorizing the Department of Agriculture and Consumer
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Services to deny, revoke, or refuse to renew the
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registration of a wrecker company under certain
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circumstances; creating s. 508.1061, F.S.; requiring a
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wrecker company to accept certain forms of payment;
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creating s. 508.107, F.S.; requiring the department to
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establish a certification program for wrecker operators;
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providing for the council to approve certification courses
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and the organizations conducting the courses; providing
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for the council to prescribe course curricula; providing
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requirements for courses; requiring that each course
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include an examination approved by the council; providing
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criteria for the examination; requiring that the
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organization conducting the course issue the certificate
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to the wrecker operator; creating s. 508.108, F.S.;
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requiring each certification course to offer optional
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specialized wrecker services instruction, training, and
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examinations; describing specialized wrecker services;
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directing the department to adopt rules prescribing
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specific standards to further define each specialized
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wrecker service; requiring council approval of the
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instruction, training, and examination; requiring the
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organization conducting the course to issue the
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certificate to the wrecker operator; creating s. 508.109,
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F.S.; providing for form and content of certification
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cards; authorizing the department to adopt rules for
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issuance of certification cards to an operator who
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completes a certification course and passes a
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certification examination in another state or completed a
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certification course and passed a certification
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examination in this state during a certain time period;
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authorizing the department to adopt rules for issuance of
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endorsements for specialized services to a wrecker
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operator who completed instruction and training for a
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specialized wrecker service and passed an endorsement
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examination for that specialized wrecker service during a
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certain time period; providing for approval by the council
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of out-of-state certification instructions, training, and
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examinations; providing for expiration of certification;
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requiring that certification cards be issued by the
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organizations conducting the courses; creating s. 508.111,
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F.S.; providing requirements for recertification;
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providing for a continuing education program to be
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established by the department; providing for curricula and
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examinations to be prescribed by the council; requiring
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course approval by the council; providing for a
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certificate to be issued by the training organization to
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the wrecker operator; creating s. 508.112, F.S.;
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prohibiting certain acts; creating ss. 508.113 and
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508.114, F.S.; providing administrative and civil
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penalties; creating s. 508.116, F.S.; providing for
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registration and renewal fees; creating s. 508.117, F.S.;
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providing for deposit and use of fees, penalties, and
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other funds; creating s. 508.118, F.S.; providing that the
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chapter does not apply to recovery agents; creating s.
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508.119, F.S.; authorizing counties and municipalities to
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enact ordinances governing wrecker operators; providing
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for the department to enter into a cooperative agreement
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with a county or municipality for the referral,
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investigation, and prosecution of consumer complaints or
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enforcement of specified wrecker services provisions;
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creating s. 508.120, F.S.; requiring that a wrecker
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company maintain records of its services and operators;
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requiring organizations that conduct operator
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certification or continuing education courses to maintain
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records on each person who successfully completes one of
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the courses; authorizing inspection of records by the
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department; creating s. 508.104, F.S.; prohibiting persons
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from owning, operating, or being issued a local business
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tax receipt on behalf of a wrecker company without first
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registering with the department; requiring registration
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prior to issuance or renewal of local business tax
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receipt; excluding certain motor vehicle repair shops and
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dealers; creating s. 508.110, F.S.; prohibiting the
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performance of wrecker services after a certain date
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unless the operator is in the employ of a company that is
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registered; requiring wrecker operators to be certified;
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providing exceptions for certain shops and organizations;
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authorizing the department to inspect company records;
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creating s. 508.115, F.S.; providing criminal penalties;
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amending s. 120.80, F.S.; providing for appointment of a
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hearing officer by the director of the Division of the
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Florida Highway Patrol when a hearing is held to deny,
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suspend, or remove a wrecker company from participating in
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the wrecker-allocation system; creating s. 205.1977, F.S.;
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prohibiting a county or municipality from issuing or
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renewing a business tax receipt for a wrecker company that
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is not registered with the Department of Agriculture and
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Consumer Services; amending s. 316.530, F.S., relating to
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towing requirements; conforming terminology; amending s.
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320.01, F.S.; redefining the term "wrecker" for purposes
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of the Florida Statutes; amending s. 320.03, F.S.,
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relating to withholding the motor vehicle registration
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plate or revalidation sticker; providing for application
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of provisions to wrecker companies rather than wrecker
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operators; amending s. 320.0706, F.S.; requiring that the
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license plate be displayed only on the front of a wrecker;
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amending s. 320.0821, F.S.; revising requirements for the
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issuance of wrecker license plates; requiring that the
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license plate be displayed on the front of the wrecker;
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amending s. 320.13, F.S., relating to dealer license
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plates; conforming terminology; reenacting ss.
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relating to special wrecker permits and license taxes, to
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incorporate the amendment to s. 320.01, F.S., in
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references thereto; amending s. 321.051, F.S.; revising
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provisions for the Florida Highway Patrol wrecker operator
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system; changing the designation to "wrecker-allocation
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system"; providing definitions; revising provisions that
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authorize the Division of the Florida Highway Patrol
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within the Department of Highway Safety and Motor Vehicles
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to establish the system; revising requirements for the
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system; limiting the system to using certain registered
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wrecker companies; revising eligibility requirements for
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wreckers; revising provisions for procedures for appeal of
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final orders by the department denying, suspending, or
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revoking eligibility to participate; prohibiting an
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unauthorized wrecker company and wrecker operators
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dispatched by an unauthorized company from engaging in
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certain activities; requiring those operators to disclose
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certain information to the owner or operator of a wrecked
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or disabled vehicle before towing; providing penalties;
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providing for a law enforcement officer to dispatch an
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authorized wrecker company other than a company requested
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by the vehicle owner or operator or to dispatch a company
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out of rotation; amending s. 323.001, F.S.; revising
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procedures for placement of a hold on a vehicle at a
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storage facility; providing for placement of a hold by a
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law enforcement agency; providing definitions; revising
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provisions for payment of towing and storage charges;
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revising rate-limitation provisions; amending s. 323.002,
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F.S.; revising provisions for county and municipal wrecker
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operator systems; changing the designation to "wrecker-
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allocation systems"; providing definitions; limiting the
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systems to using certain registered wrecker companies;
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prohibiting an unauthorized wrecker company and wrecker
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operators dispatched by an unauthorized company from
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engaging in certain activities; requiring those operators
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to disclose certain information to the owner or operator
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of a wrecked or disabled vehicle before towing; providing
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penalties; providing for a law enforcement officer to
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dispatch an authorized wrecker company other than a
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company requested by the vehicle owner or operator or to
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dispatch a company out of rotation; amending s. 713.78,
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F.S.; providing for claim of lien by a wrecker company for
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recovering, removing, or storing a vehicle or vessel;
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conforming provisions to changes made by the act;
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providing definitions; requiring notification to the
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vehicle or vessel owners, insurers, and lienholders;
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providing for a law enforcement agency to obtain
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information from the Department of Highway Safety and
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Motor Vehicles and provide the information to the wrecker
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company; providing notice procedures; providing for
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content of the notice; providing for notice to the agency
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of jurisdiction if the vehicle or vessel owner or
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lienholder cannot be identified; revising procedures for
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complaint by the vehicle or vessel owner; providing for
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release of the vehicle or vessel; requiring damages,
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attorney's fees, and costs to be awarded by the court;
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requiring immediate payment of recovery, towing, and
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storage fees to be ordered by the court; providing for
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notice and sale of the vehicle or vessel by the wrecker
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company; providing for distribution of proceeds; providing
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for discharge of liens and issuance of certificate of
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title; providing immunity from liability for a wrecker
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company, its operators, and other employees or agents
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under certain conditions; providing for a presumption of
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the use of reasonable care; requiring wrecker company
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information to be printed on the wrecker; specifying that
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failure to make good-faith best efforts to comply with
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notice requirements precludes imposition of storage
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charges; requiring a wrecker company to provide access to
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the vehicle or vessel; requiring release of the vehicle,
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vessel, or personal property to the owner or agent of the
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owner; requiring the wrecker company to obtain a
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certificate of destruction in lieu of a certificate of
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title when the vehicle or vessel is to be dismantled,
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destroyed, or changed in such a manner that it is not the
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motor vehicle or vessel described in the certificate of
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title; providing for issuance of the certificate of
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destruction by the county tax collector; providing
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requirements for application for the certificate of
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destruction; providing for reassignment of the certificate
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of destruction; authorizing the Department of Highway
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Safety and Motor Vehicles to adopt rules; providing
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penalties for specified violations; authorizing the
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Department of Highway Safety and Motor Vehicles to inspect
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wrecker company records; directing the Department of
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Highway Safety and Motor Vehicles, upon notice of lien
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from a wrecker company, to place the name of the owner of
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the vehicle or vessel on the list of those persons who may
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not be issued a license plate or revalidation sticker for
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a motor vehicle; providing for forms for the notice of
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lien; providing for dispute by the owner; providing for
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the owner's name to be removed from the list of those
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persons who may not be issued a license plate or
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revalidation sticker for a motor vehicle; providing for
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lien expiration; requiring a certificate of discharge to
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be issued by the wrecker company; providing for certain
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fees and charges; providing for application and
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exceptions; clarifying that the amendments made by the act
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do not affect the validity of prior liens; amending s.
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715.07, F.S.; revising provisions for the towing and
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storage of vehicles and vessels parked on real property
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without permission; providing definitions; providing
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requirements for storage facility operation; providing
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requirements for a wrecker company, its operators, and
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other employees or agents; prohibiting a wrecker company,
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a wrecker operator, or another employee or agent of a
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wrecker company from paying or accepting payment for the
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privilege of removing vehicles or vessels from a
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particular location; revising requirements for tow-away
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signs to be posted by property owners; requiring a wrecker
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company to maintain rate schedules with the local law
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enforcement agency and to post rates and contracts at its
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storage facility; revising requirements for certain
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signage on a wrecker; providing immunity from liability
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for a wrecker company, its operators, and other employees
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or agents if entry into the vehicle or vessel is performed
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with reasonable care; revising provisions for release of
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the vehicle or vessel; providing that failure to comply
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with notice requirements precludes a wrecker company from
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imposing certain towing or storage charges; providing
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penalties; repealing s. 1.01(15), F.S., relating to the
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definition of the term "wrecker operator"; providing an
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appropriation and authorizing additional positions;
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providing effective dates.
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Be It Enacted by the Legislature of the State of Florida:
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Section 1. Chapter 508, Florida Statutes, consisting of sections
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508.101, 508.102, 508.103, 508.105, 508.106, 508.1061, 508.107,
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508.108, 508.109, 508.111, 508.112, 508.113, 508.114, 508.116,
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508.117, 508.118, 508.119, and 508.120, is created to read:
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CHAPTER 508
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WRECKER SERVICES
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508.101 Definitions.--As used in this chapter, the term:
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(1) "Business entity" means any form of corporation,
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limited liability company, partnership, association, cooperative,
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joint venture, business trust, sole proprietorship, or self-
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employed person conducting business in this state.
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(2) "Council" means the Wrecker Operator Advisory Council.
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(3) "Department" means the Department of Agriculture and
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Consumer Services.
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(4) "Specialized wrecker service" means a wrecker service
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described in s. 508.108. A wrecker operator is required to obtain
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the applicable certification endorsement before performing a
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specialized wrecker service.
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(5) "Ultimate equitable owner" means a natural person who,
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directly or indirectly, owns or controls 10 percent or more of an
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ownership interest in a wrecker company, regardless of whether
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the natural person owns or controls the ownership interest
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through one or more natural persons or one or more proxies,
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powers of attorney, nominees, business entities, or any
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combination thereof.
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(6) "Vehicle" means any vehicle of a type that may be
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registered under chapter 320 for operation on the roads of this
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state, regardless of whether the vehicle is actually registered.
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The term does not include a mobile home or manufactured home as
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defined in s. 320.01.
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(7) "Vessel" means any type of watercraft, barge, or
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airboat, however described, used or capable of being used as a
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means of transportation on water, other than a seaplane or a
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documented vessel as defined in s. 327.02.
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(8) "Wrecker" has the same meaning ascribed in s. 320.01.
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(9) "Wrecker company" means a business entity engaged for
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hire in the business of towing, carrying, or transporting
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vehicles or vessels by wrecker upon the streets and highways of
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this state. The term does not include a person regularly engaged
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in the business of transporting mobile homes.
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(10) "Wrecker operator" means a person who performs wrecker
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services.
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(11) "Wrecker services" means towing, carrying, or
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otherwise transporting vehicles or vessels by wrecker upon the
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streets and highways of this state for hire. The term includes,
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but is not limited to, each of the following:
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(a) Driving a wrecker.
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(b) Loading, securing, and unloading a vehicle or vessel on
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a wrecker using a boom, winch, car carrier, or other similar
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equipment.
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(c) Towing or removal of a wrecked, disabled, or abandoned
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vehicle under the Florida Highway Patrol wrecker-allocation
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system pursuant to s. 321.051 or under a county or municipal
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wrecker-allocation system pursuant to s. 323.002.
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(d) Towing, recovery, or removal of a vehicle or vessel
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under s. 713.78.
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(e) Towing, transportation, or removal of a vehicle or
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vessel parked on real property without permission under s.
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(f) Recovery of a vehicle or vessel.
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508.102 Wrecker Operator Advisory Council.--
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(1) The Wrecker Operator Advisory Council is created within
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the department. The council shall advise and assist the
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department in administering this chapter.
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(2)(a) The council shall be composed of six members
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appointed by the Commissioner of Agriculture. In addition, the
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executive director of the Professional Wrecker Operators of
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Florida, Inc., shall serve ex officio as a voting member of the
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council.
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(b) Three members of the council must each be an ultimate
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equitable owner of a wrecker company who has been an ultimate
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equitable owner of that company for at least 5 years before his
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or her appointment; one member must be a wrecker operator who is
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not an ultimate equitable owner of a wrecker company and who has
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been a wrecker operator for at least 5 years before his or her
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appointment; and two members must be laypersons. Each member must
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be a resident of this state. This paragraph expires July 1, 2014.
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(c) Effective July 1, 2014, three members of the council
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must each be an ultimate equitable owner of a wrecker company
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registered under this chapter who has been an ultimate equitable
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owner of that company registered for at least 5 years before his
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or her appointment; one member must be a wrecker operator
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certified under this chapter who is not an ultimate equitable
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owner of a wrecker company and who has been a certified wrecker
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operator for at least 5 years before his or her appointment; and
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two members must be laypersons. Each member must be a resident of
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this state.
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(3) The term of each member of the council is 4 years,
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except that, to establish staggered terms, two members who are
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owners of wrecker companies and one layperson shall be appointed
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initially for a 2-year term. Members may be reappointed for
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additional terms not to exceed 8 years of consecutive service. A
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vacancy shall be filled for the remainder of the unexpired term
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in the same manner as the original appointment.
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(4)(a) From among its members, the council shall annually
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elect a chair, who shall preside over the meetings of the
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council, and a vice chair.
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(b) In conducting its meetings, the council shall use
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accepted rules of procedure. The department shall keep a complete
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record of each meeting showing the names of members present and
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the actions taken. These records and other documents regarding
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matters within the jurisdiction of the council must be kept on
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file with the department.
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(5) The members of the council shall serve without
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compensation, but are entitled to reimbursement of travel and per
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diem expenses under s. 112.061.
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(6) The department shall provide administrative and staff
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support services relating to the functions of the council.
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(7) The council shall review the rules adopted by the
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department to administer this chapter and shall advise the
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department on matters relating to industry standards and
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practices and other issues that require technical expertise and
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consultation or that promote better consumer protection in the
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wrecker industry.
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508.103 Rulemaking authority.--The department may adopt
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508.105 Registration requirements; renewal of
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registrations.--
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(1) Each wrecker company engaged or attempting to engage
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for hire in the business of towing, carrying, or transporting
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vehicles or vessels by wrecker upon the streets and highways of
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this state must annually register with the department on forms
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prescribed by the department. The application for registration
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must include at least the following information:
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(a) The name and federal employer identification number of
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the wrecker company.
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(b) The mailing address, physical address, and telephone
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number of the wrecker company's primary place of business.
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(c) The fictitious name under which the wrecker company
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transacts business in this state.
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(d) The full name, residence address, business address, and
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telephone number of the applicant. If the applicant is other than
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a natural person, the application must also contain the full
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name, residence address, business address, telephone number, and
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federal employer identification number, if applicable, of each
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ultimate equitable owner of the business entity and each officer,
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director, partner, manager, member, or managing member of the
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entity.
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(e) If the applicant is other than a natural person, the
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full name of the business entity's registered agent and the
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address of the registered office for service of process.
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(f) The physical address and telephone number of each
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business location and each storage facility where the wrecker
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company stores towed vehicles or vessels.
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(2) Each initial and renewal application for registration
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must be accompanied by the registration fee prescribed in s.
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508.116.
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(3) Each initial application for registration must be
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accompanied by a complete set of the applicant's fingerprints
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taken by a law enforcement agency. If the applicant is other than
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a natural person, a complete set of fingerprints must be filed
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for each ultimate equitable owner of the business entity and each
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officer, director, partner, manager, member, or managing member
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of the entity. The department shall submit the fingerprints to
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the Department of Law Enforcement for state processing, and the
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Department of Law Enforcement shall forward the fingerprints to
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the Federal Bureau of Investigation for national processing. The
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applicant must also pay the Department of Law Enforcement a
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fingerprint processing fee of $23 for state processing, and the
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amount of the fee charged by the Federal Bureau of Investigation
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for federal processing, for each applicant's name submitted.
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Registration renewal applications need not be accompanied by a
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set of fingerprints for an individual who previously submitted a
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set of fingerprints to the department as part of a prior year's
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registration application.
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(4) The department shall review each application in
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accordance with s. 120.60 and shall issue a registration
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certificate, in the form and size prescribed by the department,
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to each wrecker company whose application is approved. The
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certificate must show at least the name and address of the
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wrecker company and the registration number. The registration
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certificate must be prominently displayed in the wrecker
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company's primary place of business.
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(5) Each advertisement of a wrecker company must include
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the phrase "Fla. Wrecker Co. Reg. No." For the purpose of this
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subsection, the term "advertisement" means a printed or graphic
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statement made in a newspaper or other publication or contained
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in any notice, handbill, or sign, including signage on a vehicle,
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flyer, catalog, or letter.
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(6) A registration is invalid for a wrecker company
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transacting business at a place other than the location specified
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in the registration application unless the department is first
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notified in writing before the change of location. A registration
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issued under this chapter is not transferable or assignable, and
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a wrecker company may not conduct business under a name other
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than the name registered. A wrecker company desiring to change
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its registered name, location, or registered agent for service of
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process at a time other than upon renewal of registration must
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notify the department of the change.
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(7)(a) Each registration must be renewed annually on or
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before the expiration date of the current registration. A late
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fee of $25 must be paid, in addition to the registration fee or
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any other penalty, for a registration renewal application that is
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received by the department after the expiration date of the
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current registration. The department may not issue a registration
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until all fees are paid.
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(b) A wrecker company whose primary place of business is
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located within a county or municipality that requires, by local
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ordinance, a local business tax receipt under chapter 205 may not
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renew a registration under this chapter unless the wrecker
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company obtains the business tax receipt from the county or
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municipality.
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(8) Each wrecker company must provide the department with a
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certificate of insurance for the insurance coverage required
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under s. 627.7415 before the department may issue the certificate
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for an initial or renewal registration. The department must be
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named as a certificateholder on the insurance certificate and
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must be notified at least 30 days before any change in insurance
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coverage.
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(9) The department shall notify the Department of Highway
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Safety and Motor Vehicles when a registration issued under this
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chapter has been suspended or revoked by order of the department.
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Notification must be sent within 10 days after the department
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issues the suspension or revocation order.
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508.106 Denial of registration.--The department may deny,
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revoke, or refuse to renew the registration of a wrecker company
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based upon a determination that the applicant or, if the
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applicant is other than a natural person, the wrecker company or
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any of its ultimate equitable owners, officers, directors,
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partners, managers, members, or managing members has:
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(1) Not met the requirements for registration under this
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chapter;
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(2) Been convicted or found guilty of, regardless of
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adjudication, or pled guilty or nolo contendere to, a felony
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within the last 10 years;
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(3) Been convicted or found guilty of, regardless of
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adjudication, or pled guilty or nolo contendere to, a crime
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within the last 10 years involving repossession of a motor
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vehicle under chapter 493, repair of a motor vehicle under ss.
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carjacking under s. 812.133, operation of a chop shop under s.
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812.16, failure to maintain records of motor vehicle parts and
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accessories under s. 860.14, violations relating to airbags under
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for repairs and parts under s. 860.15, or a violation of towing
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or storage requirements for a motor vehicle under this chapter,
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(4) Not satisfied a civil fine or penalty arising out of an
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administrative or enforcement action brought by the department,
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another governmental agency, or a private person based upon
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conduct involving a violation of this chapter;
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(5) Pending against him or her a criminal, administrative,
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or enforcement proceeding in any jurisdiction based upon conduct
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involving a violation of this chapter; or
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(6) Had a judgment entered against him or her in an action
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brought by the department under this chapter.
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508.1061 Acceptable forms of payment.--A wrecker company
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shall accept a minimum of two of the three following forms of
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payment:
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(1) Cash, cashier's check, money order, or traveler's
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check.
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(2) Valid personal check, showing upon its face the name
515
and address of the vehicle or vessel owner or authorized
516
representative.
517
(3) Valid credit card, including, but not limited to, Visa
518
or MasterCard.
519
508.107 Wrecker operator certification program.--
520
(1) The department, in consultation with the council, shall
521
establish a wrecker operator certification program by December
522
31, 2008. Under this program, the council shall approve
523
certification courses for wrecker operators conducted by approved
524
organizations. The council shall prescribe the minimum curricula
525
for these courses, which must comprise at least 16 hours, equally
526
apportioned between theoretical instruction and practical
527
training. The council must approve each organization and its
528
certification course before the course is accepted for
529
certification of wrecker operators under this chapter.
530
(2) Each approved wrecker operator certification course
531
must include a certification examination demonstrating a wrecker
532
operator's knowledge, skills, and abilities in performing wrecker
533
services and proficiency in the subject matter of the
534
certification course. The council must approve each certification
535
examination before the examination is accepted for certification
536
of wrecker operators under this chapter.
537
(3) Each organization conducting an approved wrecker
538
operator certification course must issue on forms prescribed by
539
the department a certificate to each wrecker operator who
540
completes the approved certification course and passes the
541
approved certification examination.
542
508.108 Specialized wrecker services.--
543
(1) In addition to the minimum curricula for certification
544
of wrecker operators, each approved certification course must
545
offer optional instruction, training, and examination of wrecker
546
operators for each of the following specialized wrecker services:
547
(a) Light duty.--Towing and winching a passenger vehicle
548
and uprighting an overturned passenger vehicle, including the
549
proper use of chains, wire rope, and straps.
550
(b) Medium duty.--Towing and winching a medium-sized
551
commercial vehicle and uprighting an overturned medium-sized
552
commercial vehicle.
553
(c) Heavy duty.--Towing and winching a standard large-sized
554
commercial vehicle and uprighting an overturned standard large-
555
sized commercial vehicle.
556
(d) Ultra-heavy duty.--Towing and winching a specialty
557
large-sized commercial vehicle or another complex vehicle and
558
uprighting an overturned specialty large-sized commercial vehicle
559
or another complex vehicle.
560
(e) Rollback wrecker.--Proper loading, securing,
561
transporting, and unloading of a vehicle on a flatbed-rollback
562
wrecker.
563
(f) Hazardous materials.--Awareness of hazardous materials.
564
Instruction and training for this wrecker service must comprise
565
at least 8 hours in order to be approved.
566
(g) Air cushions.--Proper use of air cushions in the
567
recovery of a heavy-duty vehicle.
568
(2) The department shall adopt rules prescribing specific
569
standards to further define each of the specialized wrecker
570
services described in subsection (1). The council must approve
571
the instruction, training, and examination for a specialized
572
wrecker service before the specialized wrecker service is
573
accepted for endorsement of a wrecker operator's certification
574
under this chapter.
575
(3) Each organization conducting an approved wrecker
576
operator certification course must issue on forms prescribed by
577
the department a certificate to each wrecker operator who
578
completes the approved instruction and training for a specialized
579
wrecker service and passes the approved endorsement examination
580
for that specialized wrecker service.
581
508.109 Certification cards.--
582
(1) Each organization conducting an approved wrecker
583
operator certification course must issue a certification card to
584
each wrecker operator who completes the approved certification
585
course and passes the approved certification examination. The
586
department must approve the form of the certification cards
587
issued by each organization. Each certification card must include
588
the wrecker operator's name, a color photograph or digital image
589
of the wrecker operator, and the expiration date of the
590
certification card.
591
(2) Each certification card must also include the wrecker
592
operator's applicable endorsements for those specialized wrecker
593
services for which the wrecker operator completed the approved
594
instruction and training and passed the approved endorsement
595
examination.
596
(3)(a) The department may adopt rules governing the
597
issuance of a certification card to a wrecker operator who:
598
1. Completes a certification course and passes a
599
certification examination in another state, which course and
600
examination are substantially equivalent to the approved
601
certification courses and approved certification examinations in
602
this state.
603
2. Completed a certification course and passed a
604
certification examination in this state between January 1, 2003,
605
and December 31, 2008, which course and examination are
606
substantially equivalent to the approved certification courses
607
and the approved certification examinations. This subparagraph
608
expires July 1, 2009.
609
3. Completed instruction and training for a specialized
610
wrecker service and passed an endorsement examination for that
611
specialized wrecker service between January 1, 2003, and December
612
31, 2008, which instruction, training, and examination are
613
substantially equivalent to the approved instruction and training
614
and the approved endorsement examinations. This subparagraph
615
expires July 1, 2009.
616
(b) For the purposes of this subsection, the council shall
617
approve each certification examination in another state and shall
618
approve the instruction, training, and examination for each
619
specialized wrecker service in another state which the council
620
determines are substantially equivalent to the approved
621
certification courses and approved certification examinations in
622
this state or to the approved instruction, training, and
623
endorsement examinations for a specialized wrecker service in
624
this state.
625
(4) Each certification card expires 5 years after the date
626
of issuance.
627
(5) Certification cards shall be issued by the
628
organizations conducting approved wrecker operator certification
629
courses. The department is not responsible for issuing
630
certification cards or for the costs associated with the issuance
631
of certification cards.
632
508.111 Renewal of certification; continuing education
633
requirements.--
634
(1) The department, in consultation with the council, shall
635
establish a continuing education program for the recertification
636
of wrecker operators by December 31, 2009. In order to renew a
637
wrecker operator's certification card, an operator must complete
638
a continuing education course. The council must prescribe the
639
minimum curricula and proper examination for each continuing
640
education course, each of which must be at least 8 hours in
641
length. The council shall approve each organization, and the
642
continuing education course it proposes to offer, before the
643
course is approved for recertifying wrecker operators.
644
(2) Each organization conducting an approved wrecker
645
operator continuing education course must issue, on forms
646
prescribed by the department, a certificate to each wrecker
647
operator who completes the approved course and passes an approved
648
recertification examination.
649
508.112 Prohibited acts.--It is a violation of this chapter
650
for a person to:
651
(1) Charge rates that exceed the maximum rates imposed by
652
the ordinances of the respective county or municipality under ss.
654
(2) Violate s. 321.051, relating to the Florida Highway
655
Patrol wrecker-allocation system.
656
(3) Violate s. 323.002, relating to county and municipal
657
wrecker-allocation systems.
658
(4) Violate s. 713.78, relating to liens for recovering,
659
towing, or storing vehicles and vessels.
660
(5) Violate s. 715.07, relating to towing or removing
661
vehicles and vessels parked on real property without permission.
662
(6) Refuse to allow a law enforcement officer to inspect a
663
towing and storage facility as required in s. 812.055.
664
(7) Allow a person who is not certified as a wrecker
665
operator under this chapter to perform wrecker services or
666
specialized wrecker services for the wrecker company for more
667
than 6 months after first being employed by, or becoming an
668
ultimate equitable owner of, the wrecker company.
669
(8) Allow a wrecker operator certified under this chapter
670
to perform a specialized wrecker service for the wrecker company
671
if the wrecker operator's certification does not include an
672
endorsement for that specialized wrecker service.
673
(9) Perform an act otherwise prohibited by this chapter or
674
fail to perform an act otherwise required by this chapter.
675
508.113 Administrative penalties; inspection of records.--
676
(1) The department may take one or more of the following
677
actions if the department finds that a person has violated this
678
chapter or the rules or orders issued under this chapter:
679
(a) Issue a notice of noncompliance under s. 120.695.
680
(b) Impose an administrative fine not to exceed $5,000 for
681
each act or omission.
682
(c) Direct the person to cease and desist specified
683
activities.
684
(d) Refuse to register the wrecker company or suspend or
685
revoke the wrecker company's registration.
686
(e) Place the wrecker company on probation for a period of
687
time, subject to the conditions specified by the department.
688
(2) Chapter 120 shall govern an administrative proceeding
689
resulting from an order imposing a penalty specified in
690
subsection (1).
691
508.114 Civil penalties.--The department may bring a civil
692
action in a court of competent jurisdiction to recover any
693
penalties or damages allowed in this chapter and for injunctive
694
relief to enforce compliance with this chapter. The department
695
may seek a civil penalty of up to $5,000 for each violation of
696
this chapter and may seek restitution for and on behalf of any
697
owner of a vehicle or vessel who is aggrieved or injured by a
698
violation of this chapter.
699
508.116 Fees.--The department shall adopt by rule a fee
700
schedule not to exceed the following amounts:
701
(1) Wrecker company registration fee: $495.
702
(2) Wrecker company registration renewal fee: $495.
703
508.117 General Inspection Trust Fund; payments.--All fees,
704
penalties, or other funds collected by the department under this
705
chapter must be deposited in the General Inspection Trust Fund
706
and may only be used for the purpose of administering this
707
chapter.
708
508.118 Recovery agents; exemption.--This chapter does not
709
apply to a person licensed under chapter 493 performing
710
repossession services.
711
508.119 County and municipal ordinances.--A county or
712
municipality may enact ordinances governing the business of
713
transporting vehicles or vessels by wrecker that are more
714
restrictive than this chapter. This section does not limit the
715
authority of a political subdivision to impose regulatory fees or
716
charges or to levy local business taxes under chapter 205. The
717
department may enter into a cooperative agreement with any county
718
or municipality that provides for the referral, investigation,
719
and prosecution of consumer complaints alleging violations of
720
this chapter. The department may delegate enforcement of this
721
chapter to any county or municipality entering into a cooperative
722
agreement.
723
508.120 Records.--
724
(1) Each wrecker company shall maintain records of its
725
wrecker services for at least 12 months. These records shall be
726
maintained at the wrecker company's principal place of business.
727
(2) Each wrecker company shall maintain records on each of
728
its wrecker operators sufficient to demonstrate that the operator
729
has successfully completed an approved wrecker operator
730
certification course or an approved wrecker operator continuing
731
education course and is certified to perform wrecker services.
732
These records shall be maintained at the wrecker company's
733
principal place of business for as long as the operator is
734
employed by the wrecker company and for at least 6 months
735
thereafter.
736
(3) Each organization approved to conduct a wrecker
737
operator certification course or approved to offer a wrecker
738
operator continuing education course shall maintain records on
739
each person who successfully completes one of the courses. The
740
records shall be maintained at the organization's principal place
741
of business for at least 5 years. The department may, at any time
742
during normal business hours, enter the organization's principal
743
place of business to examine the records.
744
Section 2. Effective January 1, 2009, section 508.104,
745
Florida Statutes, is created to read:
746
508.104 Wrecker companies; registration required.--
747
(1) A person may not own, operate, solicit business for,
748
advertise services for, or otherwise engage for hire in the
749
business of a wrecker company in this state unless that person is
750
registered with the department under this chapter.
751
(2) A person applying for or renewing a local business tax
752
receipt to engage for hire in the business of a wrecker company
753
must exhibit a current registration certificate from the
754
department before the local business tax receipt may be issued or
755
reissued under chapter 205.
756
(3) This section does not apply to a motor vehicle repair
757
shop registered with the department under s. 559.904 that derives
758
at least 80 percent of its gross sales from motor vehicle repairs
759
or to any franchised motor vehicle dealer licensed pursuant to s.
760
320.27 when wrecker services are incidental to the operation of
761
the franchise.
762
Section 3. Effective January 1, 2009, section 508.110,
763
Florida Statutes, is created to read:
764
508.110 Wrecker operators; certification required;
765
inspection of employment records.--
766
(1) A person may not perform wrecker services in this state
767
unless he or she is an employee or ultimate equitable owner of a
768
wrecker company that is registered with the department under this
769
chapter and those wrecker services are performed on behalf of the
770
wrecker company.
771
(2)(a) A person may not perform wrecker services or
772
specialized wrecker services for a wrecker company for more than
773
6 months after first being employed by, or becoming an ultimate
774
equitable owner of, the wrecker company without being certified
775
as a wrecker operator under this chapter.
776
(b) A wrecker operator certified under this chapter may not
777
perform a specialized wrecker service for a wrecker company
778
unless the wrecker operator's certification includes an
779
endorsement for that specialized wrecker service.
780
(3)(a) Notwithstanding subsections (1) and (2), a person
781
may perform wrecker services or specialized wrecker services in
782
this state if he or she is an employee or ultimate equitable
783
owner of a motor vehicle repair shop registered with the
784
department under s. 559.904 and those wrecker services or
785
specialized wrecker services are performed on behalf of the motor
786
vehicle repair shop.
787
(b) Notwithstanding subsections (1) and (2), a person may
788
perform wrecker services or specialized wrecker services in this
789
state if those wrecker services or specialized wrecker services
790
are performed on behalf of a religious organization that holds a
791
current exemption from federal taxation or that is not required
792
to apply for recognition of its exemption under s. 501 of the
793
Internal Revenue Code.
794
(4) The department may, at any time during business hours,
795
enter any business location of a wrecker company and examine the
796
company's books or records. If the department reasonably believes
797
a violation of this chapter has occurred or is occurring, the
798
department may subpoena any necessary books or records.
799
Section 4. Effective July 1, 2009, section 508.115, Florida
800
Statutes, is created to read:
801
508.115 Criminal penalties.--
802
(1) A person who violates s. 508.104(1) by operating a
803
wrecker company in this state without being registered with the
804
department under this chapter commits a felony of the third
806
807
(2) A person who violates s. 508.110(1) by performing
808
wrecker services in this state without being an employee or
809
ultimate equitable owner of a wrecker company that is registered
810
with the department under this chapter commits a felony of the
812
or s. 775.084.
813
Section 5. Effective January 1, 2009, paragraph (b) of
814
subsection (8) of section 120.80, Florida Statutes, is amended to
815
read:
816
120.80 Exceptions and special requirements; agencies.--
817
(8) DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES.--
818
(b) Wrecker companies operators.--Notwithstanding s.
819
120.57(1)(a), hearings held by the Division of the Florida
820
Highway Patrol of the Department of Highway Safety and Motor
821
Vehicles to deny, suspend, or remove a wrecker company operator
822
from participating in the wrecker-allocation wrecker rotation
823
system established under by s. 321.051 need not be conducted by
824
an administrative law judge assigned by the division. These
825
hearings shall be held by a hearing officer appointed by the
826
director of the Division of the Florida Highway Patrol.
827
Section 6. Effective January 1, 2009, section 205.1977,
828
Florida Statutes, is created to read:
829
205.1977 Wrecker companies; consumer protection.--A county
830
or municipality may not issue or renew a business tax receipt for
831
the operation of a wrecker company under chapter 508 unless the
832
wrecker company exhibits a current registration from the
833
Department of Agriculture and Consumer Services.
834
Section 7. Subsection (3) of section 316.530, Florida
835
Statutes, is amended to read:
836
316.530 Towing requirements.--
837
(3) Whenever a motor vehicle becomes disabled upon the
838
highways of this state and a wrecker or tow truck is required to
839
remove it to a repair shop or other appropriate location, if the
840
combined weights of those two vehicles and the loads thereon
841
exceed the maximum allowable weights as established by s.
842
316.535, no penalty shall be assessed either vehicle or driver.
843
However, this exception shall not apply to the load limits for
844
bridges and culverts established by the department as provided in
845
s. 316.555.
846
Section 8. Subsection (40) of section 320.01, Florida
847
Statutes, is amended to read:
848
320.01 Definitions, general.--As used in the Florida
849
Statutes, except as otherwise provided, the term:
850
(40) "Wrecker" means a tow truck or other any motor vehicle
851
that is used to tow, carry, or otherwise transport motor vehicles
852
or vessels upon the streets and highways of this state and that
853
is equipped for that purpose with a boom, winch, car carrier, or
854
other similar equipment.
855
Section 9. Effective January 1, 2009, subsection (8) of
856
section 320.03, Florida Statutes, is amended to read:
857
320.03 Registration; duties of tax collectors;
858
International Registration Plan.--
859
(8) If the applicant's name appears on the list referred to
861
plate or revalidation sticker may not be issued until that
862
person's name no longer appears on the list or until the person
863
presents a receipt from the clerk showing that the fines
864
outstanding have been paid. This subsection does not apply to the
865
owner of a leased vehicle if the vehicle is registered in the
866
name of the lessee of the vehicle. The tax collector and the
867
clerk of the court are each entitled to receive monthly, as costs
868
for implementing and administering this subsection, 10 percent of
869
the civil penalties and fines recovered from such persons. As
870
used in this subsection, the term "civil penalties and fines"
871
does not include a wrecker company's operator's lien as described
872
in s. 713.78(13). If the tax collector has private tag agents,
873
such tag agents are entitled to receive a pro rata share of the
874
amount paid to the tax collector, based upon the percentage of
875
license plates and revalidation stickers issued by the tag agent
876
compared to the total issued within the county. The authority of
877
any private agent to issue license plates shall be revoked, after
878
notice and a hearing as provided in chapter 120, if he or she
879
issues any license plate or revalidation sticker contrary to the
880
provisions of this subsection. This section applies only to the
881
annual renewal in the owner's birth month of a motor vehicle
882
registration and does not apply to the transfer of a registration
883
of a motor vehicle sold by a motor vehicle dealer licensed under
884
this chapter, except for the transfer of registrations which is
885
inclusive of the annual renewals. This section does not affect
886
the issuance of the title to a motor vehicle, notwithstanding s.
887
319.23(7)(b).
888
Section 10. Section 320.0706, Florida Statutes, is amended
889
to read:
890
320.0706 Display of license plates on trucks.--The owner of
891
any commercial truck of gross vehicle weight of 26,001 pounds or
892
more shall display the registration license plate on both the
893
front and rear of the truck in conformance with all the
894
requirements of s. 316.605 that do not conflict with this
895
section. The owner of a dump truck may place the rear license
896
plate on the gate no higher than 60 inches to allow for better
897
visibility. However, the owner of a truck tractor or a wrecker
898
must shall be required to display the registration license plate
899
only on the front of such vehicle.
900
Section 11. Subsection (1) of section 320.0821, Florida
901
Statutes, is amended, and subsection (5) is added to that
902
section, to read:
903
320.0821 Wrecker license plates.--
904
(1) The department shall issue one a wrecker license plate,
905
regardless of gross vehicle weight, to the owner of any motor
906
vehicle that is used to tow, carry, or otherwise transport motor
907
vehicles or vessels upon the streets and highways of this state
908
and that is equipped for that purpose with a boom, winch,
909
carrier, or other similar equipment, except a motor vehicle
910
registered under the International Registration Plan, upon
911
application and payment of the appropriate license tax and fees
912
in accordance with s. 320.08(5)(d) or (e).
913
(5) A wrecker license plate must be displayed on the front
914
of such vehicle.
915
Section 12. Effective January 1, 2009, subsection (1) of
916
section 320.0821, Florida Statutes, as amended by this act, is
917
amended to read:
918
320.0821 Wrecker license plates.--
919
(1) The department shall issue a wrecker license plate
920
regardless of gross vehicle weight, to the owner of a wrecker any
921
motor vehicle that is used to tow, carry, or otherwise transport
922
motor vehicles and that is equipped for that purpose with a boom,
923
winch, carrier, or other similar equipment, except a motor
924
vehicle registered under the International Registration Plan,
925
upon application and payment of the appropriate license tax and
926
fees in accordance with s. 320.08(5)(d) or (e).
927
Section 13. Paragraph (a) of subsection (1) of section
928
320.13, Florida Statutes, is amended to read:
929
320.13 Dealer and manufacturer license plates and
930
alternative method of registration.--
931
(1)(a) Any licensed motor vehicle dealer and any licensed
932
mobile home dealer may, upon payment of the license tax imposed
933
by s. 320.08(12), secure one or more dealer license plates, which
934
are valid for use on motor vehicles or mobile homes owned by the
935
dealer to whom such plates are issued while the motor vehicles
936
are in inventory and for sale, or while being operated in
937
connection with such dealer's business, but are not valid for use
938
for hire. Dealer license plates may not be used on any tow truck
939
or wrecker as defined in s. 320.01 unless the tow truck or
940
wrecker is being demonstrated for sale, and the dealer license
941
plates may not be used on a vehicle used to transport another
942
motor vehicle for the motor vehicle dealer.
943
Section 14. For the purpose of incorporating the amendment
944
made by this act to section 320.01, Florida Statutes, in
945
references thereto, paragraph (a) of subsection (4) and
946
subsection (9) of section 316.550, Florida Statutes, are
947
reenacted to read:
948
316.550 Operations not in conformity with law; special
949
permits.--
950
(4)(a) The Department of Transportation may issue a wrecker
951
special blanket permit to authorize a wrecker as defined in s.
953
where the combination of the wrecker and the disabled vehicle
954
being towed exceeds the maximum weight limits as established by
955
s. 316.535.
956
(9) Whenever any motor vehicle, or the combination of a
957
wrecker as defined in s. 320.01(40) and a towed motor vehicle,
958
exceeds any weight or dimensional criteria or special operational
959
or safety stipulation contained in a special permit issued under
960
the provisions of this section, the penalty assessed to the owner
961
or operator shall be as follows:
962
(a) For violation of weight criteria contained in a special
963
permit, the penalty per pound or portion thereof exceeding the
964
permitted weight shall be as provided in s. 316.545.
965
(b) For each violation of dimensional criteria in a special
966
permit, the penalty shall be as provided in s. 316.516 and
967
penalties for multiple violations of dimensional criteria shall
968
be cumulative except that the total penalty for the vehicle shall
969
not exceed $1,000.
970
(c) For each violation of an operational or safety
971
stipulation in a special permit, the penalty shall be an amount
972
not to exceed $1,000 per violation and penalties for multiple
973
violations of operational or safety stipulations shall be
974
cumulative except that the total penalty for the vehicle shall
975
not exceed $1,000.
976
(d) For violation of any special condition that has been
977
prescribed in the rules of the Department of Transportation and
978
declared on the permit, the vehicle shall be determined to be out
979
of conformance with the permit and the permit shall be declared
980
null and void for the vehicle, and weight and dimensional limits
981
for the vehicle shall be as established in s. 316.515 or s.
982
316.535, whichever is applicable, and:
983
1. For weight violations, a penalty as provided in s.
984
316.545 shall be assessed for those weights which exceed the
985
limits thus established for the vehicle; and
986
2. For dimensional, operational, or safety violations, a
987
penalty as established in paragraph (c) or s. 316.516, whichever
988
is applicable, shall be assessed for each nonconforming
989
dimensional, operational, or safety violation and the penalties
990
for multiple violations shall be cumulative for the vehicle.
991
Section 15. For the purpose of incorporating the amendment
992
made by this act to section 320.01, Florida Statutes, in
993
references thereto, paragraphs (d) and (e) of subsection (5) of
994
section 320.08, Florida Statutes, are reenacted to read:
995
320.08 License taxes.--Except as otherwise provided herein,
996
there are hereby levied and imposed annual license taxes for the
997
operation of motor vehicles, mopeds, motorized bicycles as
998
defined in s. 316.003(2), and mobile homes, as defined in s.
999
320.01, which shall be paid to and collected by the department or
1000
its agent upon the registration or renewal of registration of the
1001
following:
1002
(5) SEMITRAILERS, FEES ACCORDING TO GROSS VEHICLE WEIGHT;
1003
SCHOOL BUSES; SPECIAL PURPOSE VEHICLES.--
1004
(d) A wrecker, as defined in s. 320.01(40), which is used
1005
to tow a vessel as defined in s. 327.02(39), a disabled,
1006
abandoned, stolen-recovered, or impounded motor vehicle as
1007
defined in s. 320.01(38), or a replacement motor vehicle as
1008
defined in s. 320.01(39): $30 flat.
1009
(e) A wrecker, as defined in s. 320.01(40), which is used
1010
to tow any motor vehicle, regardless of whether or not such motor
1011
vehicle is a disabled motor vehicle as defined in s. 320.01(38),
1012
a replacement motor vehicle as defined in s. 320.01(39), a vessel
1013
as defined in s. 327.02(39), or any other cargo, as follows:
1014
1. Gross vehicle weight of 10,000 pounds or more, but less
1015
than 15,000 pounds: $87 flat.
1016
2. Gross vehicle weight of 15,000 pounds or more, but less
1017
than 20,000 pounds: $131 flat.
1018
3. Gross vehicle weight of 20,000 pounds or more, but less
1019
than 26,000 pounds: $186 flat.
1020
4. Gross vehicle weight of 26,000 pounds or more, but less
1021
than 35,000 pounds: $240 flat.
1022
5. Gross vehicle weight of 35,000 pounds or more, but less
1023
than 44,000 pounds: $300 flat.
1024
6. Gross vehicle weight of 44,000 pounds or more, but less
1025
than 55,000 pounds: $572 flat.
1026
7. Gross vehicle weight of 55,000 pounds or more, but less
1027
than 62,000 pounds: $678 flat.
1028
8. Gross vehicle weight of 62,000 pounds or more, but less
1029
than 72,000 pounds: $800 flat.
1030
9. Gross vehicle weight of 72,000 pounds or more: $979
1031
flat.
1032
Section 16. Effective January 1, 2009, section 321.051,
1033
Florida Statutes, is amended to read:
1034
(Substantial rewording of section. See
1035
s. 321.051, F.S., for present text.)
1036
321.051 Florida Highway Patrol wrecker-allocation system;
1037
penalties for operation outside of system.--
1038
(1) As used in this section, the term:
1039
(a) "Authorized wrecker company" means a wrecker company
1040
designated by the division as part of its wrecker-allocation
1041
system.
1042
(b) "Division" means the Division of the Florida Highway
1043
Patrol within the Department of Highway Safety and Motor
1044
Vehicles.
1045
(c) "Unauthorized wrecker company" means a wrecker company
1046
not designated by the division as part of its wrecker-allocation
1047
system.
1048
(d) "Wrecker company" has the same meaning ascribed in s.
1049
508.101.
1050
(e) "Wrecker operator" has the same meaning ascribed in s.
1051
508.101.
1052
(f) "Wrecker services" has the same meaning ascribed in s.
1053
508.101.
1054
(2)(a) The division may establish within areas designated
1055
by the division a wrecker-allocation system, using qualified,
1056
reputable wrecker companies, for the removal from crash scenes
1057
and the storage of wrecked or disabled vehicles when the owner or
1058
operator is incapacitated or unavailable or leaves the
1059
procurement of wrecker services to the officer at the scene and
1060
for the removal and storage of abandoned vehicles.
1061
(b) The wrecker-allocation system may use only wrecker
1062
companies registered under chapter 508. Each reputable wrecker
1063
company registered under chapter 508 is eligible for use in the
1064
system if its equipment and wrecker operators meet the recognized
1065
safety qualifications and mechanical standards set by the
1066
division's rules for the size of vehicle they are designed to
1067
handle. The division may limit the number of wrecker companies
1068
participating in the wrecker-allocation system.
1069
(c) The division may establish maximum rates for the towing
1070
and storage of vehicles removed at the division's request if
1071
those rates are not established by a county or municipality under
1073
purpose of chapter 120; however, the Department of Highway Safety
1074
and Motor Vehicles shall adopt rules prescribing the procedures
1075
for setting these rates.
1076
(d) Notwithstanding chapter 120, a final order of the
1077
Department of Highway Safety and Motor Vehicles denying,
1078
suspending, or revoking a wrecker company's participation in the
1079
wrecker-allocation system may be appealed only in the manner and
1080
within the time provided by the Florida Rules of Appellate
1081
Procedure by a writ of certiorari issued by the circuit court in
1082
the county in which the wrecker company's primary place of
1083
business is located, as evidenced by the wrecker company's
1084
registration under chapter 508.
1085
(3)(a) An unauthorized wrecker company, its wrecker
1086
operators, or its other employees or agents may not monitor a
1087
police radio for communications between patrol field units and
1088
the dispatcher in order to determine the location of a wrecked or
1089
disabled vehicle for the purpose of dispatching its wrecker
1090
operator to drive by the scene of the vehicle in a manner
1091
described in paragraph (b) or paragraph (c). Any person who
1092
violates this paragraph commits a noncriminal violation,
1093
punishable as provided in s. 775.083.
1094
(b) Except as provided in paragraph (c), a wrecker operator
1095
dispatched by an unauthorized wrecker company who drives by the
1096
scene of a wrecked or disabled vehicle before the arrival of the
1097
wrecker operator dispatched by the authorized wrecker company may
1098
not initiate contact with the owner or operator of the vehicle by
1099
soliciting or offering wrecker services or tow the vehicle. Any
1100
person who violates this paragraph commits a misdemeanor of the
1101
second degree, punishable as provided in s. 775.082 or s.
1102
1103
(c) When a wrecker operator dispatched by an unauthorized
1104
wrecker company drives by the scene of a wrecked or disabled
1105
vehicle and the owner or operator initiates contact by signaling
1106
the wrecker operator to stop and provide wrecker services, the
1107
wrecker operator must disclose to the owner or operator of the
1108
vehicle that he or she was not dispatched by the authorized
1109
wrecker company designated as part of the wrecker-allocation
1110
system and must disclose, in writing, what charges for towing and
1111
storage will apply before the vehicle is connected to the towing
1112
apparatus. Any person who violates this paragraph commits a
1113
misdemeanor of the second degree, punishable as provided in s.
1115
(d) A wrecker operator may not falsely identify himself or
1116
herself as being part of, or as being employed by a wrecker
1117
company that is part of, the wrecker-allocation system at the
1118
scene of a wrecked or disabled vehicle. Any person who violates
1119
this paragraph commits a misdemeanor of the first degree,
1121
(4) This section does not prohibit or in any way prevent
1122
the owner or operator of a vehicle involved in a crash or
1123
otherwise disabled from contacting any wrecker company for the
1124
provision of wrecker services, regardless of whether the wrecker
1125
company is an authorized wrecker company. However, if a law
1126
enforcement officer determines that the disabled vehicle or
1127
vehicle cargo is a public safety hazard, the officer may, in the
1128
interest of public safety, dispatch an authorized wrecker company
1129
if the officer believes that the authorized wrecker company would
1130
arrive at the scene before the wrecker company requested by the
1131
owner or operator of the disabled vehicle or vehicle cargo.
1132
(5) A law enforcement officer may dispatch an authorized
1133
wrecker company out of rotation to the scene of a wrecked or
1134
disabled vehicle if the authorized wrecker company next on
1135
rotation is not equipped to provide the required wrecker services
1136
and the out-of-rotation authorized wrecker company is available
1137
with the required equipment. However, this subsection does not
1138
prohibit or prevent the owner or operator of a vehicle involved
1139
in a crash or otherwise disabled from contacting any wrecker
1140
company that is properly equipped to provide the required wrecker
1141
services, regardless of whether the wrecker company is an
1142
authorized wrecker company, unless the law enforcement officer
1143
determines that the wrecked or disabled vehicle or vehicle cargo
1144
is a public safety hazard and the officer believes that the
1145
authorized wrecker company would arrive at the scene before the
1146
wrecker company requested by the owner or operator.
1147
Section 17. Effective January 1, 2009, section 323.001,
1148
Florida Statutes, is amended to read:
1149
(Substantial rewording of section. See
1150
s. 323.001, F.S., for present text.)
1151
323.001 Wrecker company storage facilities; vehicle
1152
holds.--
1153
(1) As used in this section, the term:
1154
(a) "Business day" means a day other than a Saturday,
1155
Sunday, or federal or state legal holiday.
1156
(b) "Wrecker company" has the same meaning ascribed in s.
1157
508.101.
1158
(2) A law enforcement agency may place a hold on a motor
1159
vehicle stored within a wrecker company's storage facility for 5
1160
business days, thereby preventing a motor vehicle from being
1161
released to its owner.
1162
(3) To extend a hold beyond 5 business days, the law
1163
enforcement agency must notify the wrecker company in writing
1164
before the expiration of the 5 business days. If notification is
1165
not made within the 5 business days, the wrecker company must
1166
release the vehicle to the designated person under s. 713.78.
1167
(a) If the hold is extended beyond the 5 business days, the
1168
law enforcement agency may have the vehicle removed to a
1169
designated impound lot and the vehicle may not be released by the
1170
law enforcement agency to the owner or lienholder of the vehicle
1171
until proof of payment of the towing and storage charges incurred
1172
by the wrecker company is presented to the law enforcement
1173
agency.
1174
(b) If the law enforcement agency chooses to have the
1175
vehicle remain at the wrecker company's storage facility for more
1176
than 5 business days under the written notification, the law
1177
enforcement agency is responsible for paying the storage charges
1178
incurred by the wrecker company for the requested extended
1179
period. The owner or lienholder is responsible for paying the
1180
accrued towing and storage charges for the first 5 business days,
1181
or any period less than the first 5 business days, if the law
1182
enforcement agency moves the vehicle from the wrecker company's
1183
storage facility to a designated impound lot or provides written
1184
notification to extend the hold on the vehicle before the
1185
expiration of the 5 business days.
1186
(c) The towing and storage rates for the owner or
1187
lienholder of the held vehicle may not exceed the rates for the
1188
law enforcement agency.
1189
(4) If there is a judicial finding of no probable cause for
1190
having continued the immobilization or impoundment, the law
1191
enforcement agency ordering the hold must pay the accrued charges
1192
for any towing and storage.
1193
(5) The requirements for a written hold apply when:
1194
(a) The law enforcement officer has probable cause to
1195
believe that the vehicle should be seized and forfeited under the
1196
Florida Contraband Forfeiture Act, ss. 932.701-932.707;
1197
(b) The law enforcement officer has probable cause to
1198
believe that the vehicle should be seized and forfeited under
1199
chapter 370 or chapter 372;
1200
(c) The law enforcement officer has probable cause to
1201
believe that the vehicle was used as a means to commit a crime;
1202
(d) The law enforcement officer has probable cause to
1203
believe that the vehicle is itself evidence that a crime has been
1204
committed or that the vehicle contains evidence, which cannot
1205
readily be removed, that a crime has been committed;
1206
(e) The law enforcement officer has probable cause to
1207
believe that the vehicle was involved in a traffic accident
1208
resulting in death or personal injury and should be sealed for
1209
investigation and collection of evidence by a vehicular homicide
1210
investigator;
1211
(f) The vehicle is impounded or immobilized under s.
1213
(g) The law enforcement officer is complying with a court
1214
order.
1215
(6) The hold must be in writing and must specify:
1216
(a) The name and agency of the law enforcement officer
1217
placing the hold on the vehicle.
1218
(b) The date and time the hold is placed on the vehicle.
1219
(c) A general description of the vehicle, including its
1220
color, make, model, body style, and year; vehicle identification
1221
number; registration license plate number, state, and year; and
1222
validation sticker number, state, and year.
1223
(d) The specific reason for placing the hold.
1224
(e) The condition of the vehicle.
1225
(f) The location where the vehicle is being held.
1226
(g) The name, address, and telephone number of the wrecker
1227
company and the storage facility.
1228
(7) A wrecker company's storage facility must comply with a
1229
hold placed by a law enforcement officer, including instructions
1230
for inside or outside storage. A wrecker company's storage
1231
facility may not release a motor vehicle subject to a hold to any
1232
person except as directed by the law enforcement agency placing
1233
the hold.
1234
(8) When a vehicle owner is found guilty of, regardless of
1235
adjudication, or pleads nolo contendere to, the offense that
1236
resulted in a hold being placed on his or her vehicle, the owner
1237
must pay the accrued towing and storage charges assessed against
1238
the vehicle.
1239
Section 18. Effective January 1, 2009, section 323.002,
1240
Florida Statutes, is amended to read:
1241
(Substantial rewording of section. See
1242
s. 323.002, F.S., for present text.)
1243
323.002 County and municipal wrecker-allocation systems;
1244
penalties for operation outside of system.--
1245
(1) As used in this section, the term:
1246
(a) "Authorized wrecker company" means a wrecker company
1247
designated as part of the wrecker-allocation system established
1248
by the governmental unit having jurisdiction over the scene of a
1249
wrecked, disabled, or abandoned vehicle.
1250
(b) "Unauthorized wrecker company" means a wrecker company
1251
not designated as part of the wrecker-allocation system
1252
established by the governmental unit having jurisdiction over the
1253
scene of a wrecked, disabled, or abandoned vehicle.
1254
(c) "Wrecker-allocation system" means a system for the
1255
towing or removal of wrecked, disabled, or abandoned vehicles,
1256
similar to the Florida Highway Patrol wrecker-allocation system
1257
described in s. 321.051(2), under which a county or municipality
1258
contracts with one or more wrecker companies registered under
1259
chapter 508 for the towing or removal of wrecked, disabled, or
1260
abandoned vehicles from accident scenes, streets, or highways.
1261
Each wrecker-allocation system must use a method for apportioning
1262
the towing assignments among the eligible wrecker companies
1263
through the creation of geographic zones or a rotation schedule
1264
or a combination of geographic zones and a rotation schedule.
1265
(d) "Wrecker company" has the same meaning ascribed in s.
1266
508.101.
1267
(e) "Wrecker operator" has the same meaning ascribed in s.
1268
508.101.
1269
(f) "Wrecker services" has the same meaning ascribed in s.
1270
508.101.
1271
(2) In a county or municipality that operates a wrecker-
1272
allocation system:
1273
(a) The wrecker-allocation system may only use wrecker
1274
companies registered under chapter 508.
1275
(b) An unauthorized wrecker company, its wrecker operators,
1276
or its other employees or agents may not monitor a police radio
1277
for communications between patrol field units and the dispatcher
1278
in order to determine the location of a wrecked or disabled
1279
vehicle for the purpose of dispatching its wrecker operator to
1280
drive by the scene of the vehicle in a manner described in
1281
paragraph (c) or paragraph (d). Any person who violates this
1282
paragraph commits a noncriminal violation, punishable as provided
1283
in s. 775.083.
1284
(c) Except as provided in paragraph (d), a wrecker operator
1285
dispatched by an unauthorized wrecker company who drives by the
1286
scene of a wrecked or disabled vehicle before the arrival of the
1287
wrecker operator dispatched by the authorized wrecker company may
1288
not initiate contact with the owner or operator of the vehicle by
1289
soliciting or offering wrecker services or tow the vehicle. Any
1290
person who violates this paragraph commits a misdemeanor of the
1291
second degree, punishable as provided in s. 775.082 or s.
1292
1293
(d) When a wrecker operator dispatched by an unauthorized
1294
wrecker company drives by the scene of a wrecked or disabled
1295
vehicle and the owner or operator initiates contact by signaling
1296
the wrecker operator to stop and provide wrecker services, the
1297
wrecker operator must disclose to the owner or operator of the
1298
vehicle that he or she was not dispatched by the authorized
1299
wrecker company designated as part of the wrecker-allocation
1300
system and must disclose, in writing, what charges for towing and
1301
storage will apply before the vehicle is connected to the towing
1302
apparatus. Any person who violates this paragraph commits a
1303
misdemeanor of the second degree, punishable as provided in s.
1305
(e) A wrecker operator may not falsely identify himself or
1306
herself as being part of, or as being employed by a wrecker
1307
company that is part of, the wrecker-allocation system at the
1308
scene of a wrecked or disabled vehicle. Any person who violates
1309
this paragraph commits a misdemeanor of the first degree,
1311
(3) This section does not prohibit or in any way prevent
1312
the owner or operator of a vehicle involved in a crash or
1313
otherwise disabled from contacting any wrecker company for the
1314
provision of wrecker services, regardless of whether the wrecker
1315
company is an authorized wrecker company. If a law enforcement
1316
officer determines that the disabled vehicle or vehicle cargo is
1317
a public safety hazard, the officer may, in the interest of
1318
public safety, dispatch an authorized wrecker company if the
1319
officer believes that the authorized wrecker company would arrive
1320
at the scene before the wrecker company requested by the owner or
1321
operator of the disabled vehicle or vehicle cargo.
1322
(4) A law enforcement officer may dispatch an authorized
1323
wrecker company out of rotation to the scene of a wrecked or
1324
disabled vehicle if the authorized wrecker company next on
1325
rotation is not equipped to provide the required wrecker services
1326
and the out-of-rotation authorized wrecker company is available
1327
with the required equipment. However, this subsection does not
1328
prohibit or prevent the owner or operator of a vehicle involved
1329
in a crash or otherwise disabled from contacting any wrecker
1330
company that is properly equipped to provide the required wrecker
1331
services, regardless of whether the wrecker company is an
1332
authorized wrecker company, unless the law enforcement officer
1333
determines that the wrecked or disabled vehicle or vehicle cargo
1334
is a public safety hazard and the officer believes that the
1335
authorized wrecker company would arrive at the scene before the
1336
wrecker company requested by the owner or operator.
1337
Section 19. Effective January 1, 2009, section 713.78,
1338
Florida Statutes, is amended to read:
1339
713.78 Liens for recovering, towing, or storing vehicles
1340
and vessels.--
1341
(1) As used in For the purposes of this section, the term:
1342
(a) "Business day" means a day other than a Saturday,
1343
Sunday, or federal or state legal holiday.
1344
(b) "Property owner" has the same meaning ascribed in s.
1345
1346
(c)(a) "Vehicle" has the same meaning ascribed in s.
1347
508.101 means any mobile item, whether motorized or not, which is
1348
mounted on wheels.
1349
(d)(b) "Vessel" has the same meaning ascribed in s. 508.101
1350
means every description of watercraft, barge, and airboat used or
1351
capable of being used as a means of transportation on water,
1352
other than a seaplane or a "documented vessel" as defined in s.
1353
327.02(9).
1354
(e)(c) "Wrecker" has the same meaning ascribed in s. 320.01
1355
means any truck or other vehicle which is used to tow, carry, or
1356
otherwise transport motor vehicles or vessels upon the streets
1357
and highways of this state and which is equipped for that purpose
1358
with a boom, winch, car carrier, or other similar equipment.
1359
(f) "Wrecker company" has the same meaning ascribed in s.
1360
508.101.
1361
(g) "Wrecker operator" has the same meaning ascribed in s.
1362
508.101.
1363
(2) Whenever a wrecker company registered under chapter 508
1364
person regularly engaged in the business of transporting vehicles
1365
or vessels by wrecker, tow truck, or car carrier recovers,
1366
removes, or stores a vehicle or vessel upon instructions from:
1367
(a) The owner of the vehicle or vessel thereof;
1368
(b) The property owner or lessor, or a person authorized by
1369
the owner or lessor, of real property on which the such vehicle
1370
or vessel is wrongfully parked without permission, and the
1371
removal is done in compliance with s. 715.07; or
1372
(c) Any law enforcement agency,
1373
1374
the wrecker company has she or he shall have a lien on the
1375
vehicle or vessel for a reasonable towing fee and for a
1376
reasonable storage fee,; except that no storage fee shall be
1377
charged if the vehicle or vessel is stored for less than 6 hours.
1378
(3) This section does not authorize any person to claim a
1379
lien on a vehicle for fees or charges connected with the
1380
immobilization of the such vehicle using a vehicle boot or other
1381
similar device under pursuant to s. 715.07.
1382
(4)(a) Any wrecker company that person regularly engaged in
1383
the business of recovering, towing, or storing vehicles or
1384
vessels who comes into possession of a vehicle or vessel under
1385
pursuant to subsection (2), and who claims a lien for recovery,
1386
towing, or storage services, shall give notice to the registered
1387
owner, the insurance company insuring the vehicle notwithstanding
1388
the provisions of s. 627.736, and to all persons claiming a lien
1389
on the vehicle or vessel thereon, as disclosed by the records in
1390
the Department of Highway Safety and Motor Vehicles or of a
1391
corresponding agency in any other state.
1392
(b) Whenever a any law enforcement agency authorizes the
1393
removal of a vehicle or vessel or whenever a wrecker company any
1394
towing service, garage, repair shop, or automotive service,
1395
storage, or parking place notifies the law enforcement agency of
1396
possession of a vehicle or vessel under pursuant to s.
1397
715.07(2)(a)2., the applicable law enforcement agency shall
1398
contact the Department of Highway Safety and Motor Vehicles, or
1399
the appropriate agency of the state of registration, if known,
1400
within 24 hours through the medium of electronic communications,
1401
giving the full description of the vehicle or vessel. Upon
1402
receipt of the full description of the vehicle or vessel, the
1403
department shall search its files to determine the owner's name,
1404
the insurance company insuring the vehicle or vessel, and whether
1405
any person has filed a lien upon the vehicle or vessel as
1406
provided in s. 319.27(2) and (3) and notify the applicable law
1407
enforcement agency within 72 hours. The wrecker company person in
1408
charge of the towing service, garage, repair shop, or automotive
1409
service, storage, or parking place shall obtain that such
1410
information from the applicable law enforcement agency within 5
1411
days after the date of storage and shall give notice under
1412
pursuant to paragraph (a). The department may release the
1413
insurance company information to the requestor notwithstanding
1414
the provisions of s. 627.736.
1415
(c) Notice by certified mail, return receipt requested,
1416
shall be sent within 7 business days after the date of storage of
1417
the vehicle or vessel to the registered owner, the insurance
1418
company insuring the vehicle notwithstanding the provisions of s.
1419
627.736, and all persons of record claiming a lien against the
1420
vehicle or vessel. The notice It shall state the fact of
1421
possession of the vehicle or vessel and, that a lien as provided
1422
in subsection (2) is claimed, that charges have accrued and the
1423
amount of the charges thereof, that the lien is subject to
1424
enforcement under pursuant to law, and that the owner or
1425
lienholder, if any, has the right to a hearing as set forth in
1426
subsection (5), and that any vehicle or vessel that which remains
1427
unclaimed, or for which the charges for recovery, towing, or
1428
storage services remain unpaid, may be sold free of all prior
1429
liens after 35 days if the vehicle or vessel is more than 3 years
1430
of age or after 50 days if the vehicle or vessel is 3 years of
1431
age or less.
1432
(d) If the wrecker company is unable attempts to identify
1433
locate the name and address of the owner or lienholder prove
1434
unsuccessful, the wrecker company towing-storage operator shall,
1435
after 7 business working days following, excluding Saturday and
1436
Sunday, of the initial tow or storage, notify the public agency
1437
of jurisdiction in writing by certified mail or acknowledged hand
1438
delivery that the wrecker towing-storage company has been unable
1439
to identify locate the name and address of the owner or
1440
lienholder, and a physical search of the vehicle or vessel has
1441
disclosed no ownership information, and a good faith effort has
1442
been made. For purposes of this paragraph and subsection (9), the
1443
term "good faith effort" means that the following checks have
1444
been performed by the wrecker company to establish prior state of
1445
registration and for title:
1446
1. Check of vehicle or vessel for any type of tag, tag
1447
record, temporary tag, or regular tag.
1448
2. Check of law enforcement report for tag number or other
1449
information identifying the vehicle or vessel, if the vehicle or
1450
vessel was towed at the request of a law enforcement officer.
1451
3. Check of trip sheet or tow ticket of the wrecker tow
1452
truck operator to see if a tag was on vehicle or vessel at
1453
beginning of tow, if private tow.
1454
4. If there is no address of the owner on the impound
1455
report, check of law enforcement report to see if an out-of-state
1456
address is indicated from driver license information.
1457
5. Check of vehicle or vessel for inspection sticker or
1458
other stickers and decals that may indicate a state of possible
1459
registration.
1460
6. Check of the interior of the vehicle or vessel for any
1461
papers that may be in the glove box, trunk, or other areas for a
1462
state of registration.
1463
7. Check of vehicle for vehicle identification number.
1464
8. Check of vessel for vessel registration number.
1465
9. Check of vessel hull for a hull identification number,
1466
which should be carved, burned, stamped, embossed, or otherwise
1467
permanently affixed to the outboard side of the transom or, if
1468
there is no transom, to the outmost seaboard side at the end of
1469
the hull that bears the rudder or other steering mechanism.
1470
(5)(a) The owner of a vehicle or vessel removed under
1471
pursuant to the provisions of subsection (2), or any person
1472
claiming a lien, other than the wrecker company towing-storage
1473
operator, within 10 days after the time she or he has knowledge
1474
of the location of the vehicle or vessel, may file a complaint in
1475
the county court of the county in which the vehicle or vessel is
1476
stored or in which the owner resides to determine if her or his
1477
property was wrongfully taken or withheld from her or him.
1478
(b) Upon filing of a complaint, an owner or lienholder may
1479
have her or his vehicle or vessel released upon posting with the
1480
court a cash or surety bond or other adequate security equal to
1481
the amount of the charges for towing or storage and lot rental
1482
amount to ensure the payment of the such charges in the event she
1483
or he does not prevail. Upon the posting of the bond and the
1484
payment of the applicable fee set forth in s. 28.24, the clerk of
1485
the court shall issue a certificate notifying the lienor of the
1486
posting of the bond and directing the lienor to release the
1487
vehicle or vessel. At the time of the such release, after
1488
reasonable inspection, she or he shall give a receipt to the
1489
wrecker towing-storage company reciting any claims she or he has
1490
for loss or damage to the vehicle or vessel or to the contents of
1491
the vehicle or vessel thereof.
1492
(c) Upon determining the respective rights of the parties,
1493
the court shall may award damages, reasonable attorney's fees,
1494
and costs to in favor of the prevailing party. In any event, The
1495
final order shall require provide for immediate payment in full
1496
of the recovery, towing, and storage fees by the vehicle or
1497
vessel owner or lienholder,; by or the law enforcement agency
1498
ordering the tow,; or by the property owner, lessee, or agent
1499
thereof of the real property from which the vehicle or vessel was
1500
towed or removed under s. 715.07.
1501
(6) Any vehicle or vessel that which is stored under
1502
pursuant to subsection (2) and which remains unclaimed, or for
1503
which reasonable charges for recovery, towing, or storing remain
1504
unpaid, and any contents not released under pursuant to
1505
subsection (10), may be sold by the wrecker company owner or
1506
operator of the storage space for the such towing or storage
1507
charge after 35 days after from the time the vehicle or vessel is
1508
stored in the wrecker company's storage facility therein if the
1509
vehicle or vessel is more than 3 years of age or after 50 days
1510
after following the time the vehicle or vessel is stored in the
1511
wrecker company's storage facility therein if the vehicle or
1512
vessel is 3 years of age or less. The sale shall be at public
1513
auction for cash. If the date of the sale is was not included in
1514
the notice required in subsection (4), notice of the sale shall
1515
be given to the person in whose name the vehicle or vessel is
1516
registered and to all persons claiming a lien on the vehicle or
1517
vessel as shown on the records of the Department of Highway
1518
Safety and Motor Vehicles or of the corresponding agency in any
1519
other state. Notice shall be sent by certified mail, return
1520
receipt requested, to the owner of the vehicle or vessel and the
1521
person having the recorded lien on the vehicle or vessel at the
1522
address shown on the records of the registering agency and shall
1523
be mailed at least not less than 15 days before the date of the
1524
sale. After diligent search and inquiry, if the name and address
1525
of the registered owner or the owner of the recorded lien cannot
1526
be ascertained, the requirements of notice by mail may be
1527
dispensed with. In addition to the notice by mail, public notice
1528
of the time and place of sale shall be made by publishing a
1529
notice of the sale thereof one time, at least 10 days prior to
1530
the date of the sale, in a newspaper of general circulation in
1531
the county in which the sale is to be held. The proceeds of the
1532
sale, after payment of reasonable towing and storage charges, and
1533
costs of the sale, in that order of priority, shall be deposited
1534
with the clerk of the circuit court for the county if the owner
1535
is absent, and the clerk shall hold the such proceeds subject to
1536
the claim of the person legally entitled to those proceeds
1537
thereto. The clerk shall be entitled to receive 5 percent of the
1538
such proceeds for the care and disbursement of the proceeds
1539
thereof. The certificate of title issued under this section law
1540
shall be discharged of all liens unless otherwise provided by
1541
court order.
1542
(7)(a) A wrecker company, its wrecker operators, and other
1543
employees or agents of the wrecker company operator recovering,
1544
towing, or storing vehicles or vessels are is not liable for
1545
damages connected with those such services, theft of the such
1546
vehicles or vessels, or theft of personal property contained in
1547
the such vehicles or vessels if those, provided that such
1548
services are have been performed with reasonable care and
1549
provided, further, that, in the case of removal of a vehicle or
1550
vessel upon the request of a person purporting, and reasonably
1551
appearing, to be the property owner or lessee, or a person
1552
authorized by the owner or lessee, of the real property from
1553
which the such vehicle or vessel is removed, the such removal is
1554
has been done in compliance with s. 715.07. Further, a wrecker
1555
company, its wrecker operators, and other employees or agents of
1556
the wrecker company are operator is not liable for damage to a
1557
vehicle, a vessel, or cargo that obstructs the normal movement of
1558
traffic or creates a hazard to traffic and is removed in
1559
compliance with the request of a law enforcement officer.
1560
(b) For the purposes of this subsection, a wrecker company,
1561
its wrecker operators, and other employees or agents of the
1562
wrecker company are operator is presumed to use reasonable care
1563
to prevent the theft of a vehicle or vessel or of any personal
1564
property contained in the such vehicle or vessel stored in the
1565
wrecker company's operator's storage facility if all of the
1566
following apply:
1567
1. The wrecker company operator surrounds the storage
1568
facility with a chain-link or solid-wall type fence at least 6
1569
feet in height;
1570
2. The wrecker company illuminates operator has illuminated
1571
the storage facility with lighting of sufficient intensity to
1572
reveal persons and vehicles at a distance of at least 150 feet
1573
during nighttime; and
1574
3. The wrecker company operator uses one or more of the
1575
following security methods to discourage theft of vehicles or
1576
vessels or of any personal property contained in such vehicles or
1577
vessels stored in the wrecker company's operator's storage
1578
facility:
1579
a. A night dispatcher or watchman remains on duty at the
1580
storage facility from sunset to sunrise;
1581
b. A security dog remains at the storage facility from
1582
sunset to sunrise;
1583
c. Security cameras or other similar surveillance devices
1584
monitor the storage facility; or
1585
d. A security guard service examines the storage facility
1586
at least once each hour from sunset to sunrise.
1587
(c) Any law enforcement agency requesting that a motor
1588
vehicle be removed from an accident scene, street, or highway
1589
must conduct an inventory and prepare a written record of all
1590
personal property found in the vehicle before the vehicle is
1591
removed by a wrecker operator. However, if the owner or driver of
1592
the motor vehicle is present and accompanies the vehicle, an no
1593
inventory by law enforcement is not required. A wrecker company,
1594
its wrecker operators, and other employees or agents of the
1595
wrecker company are operator is not liable for the loss of
1596
personal property alleged to be contained in such a vehicle when
1597
the such personal property was not identified on the inventory
1598
record prepared by the law enforcement agency requesting the
1599
removal of the vehicle.
1600
(8) A wrecker company and its wrecker operators, excluding
1601
person regularly engaged in the business of recovering, towing,
1602
or storing vehicles or vessels, except a person licensed under
1603
chapter 493 while engaged in "repossession" activities as defined
1604
in s. 493.6101, may not operate a wrecker, tow truck, or car
1605
carrier unless the name, address, and telephone number of the
1606
wrecker company performing the wrecker services service is
1607
clearly printed in contrasting colors on the driver and passenger
1608
sides of the wrecker its vehicle. The name must be in at least 3-
1609
inch permanently affixed letters, and the address and telephone
1610
number must be in at least 1-inch permanently affixed letters.
1611
(9) Failure to make good faith, best efforts to comply with
1612
the notice requirements of this section precludes shall preclude
1613
the imposition of any storage charges against the such vehicle or
1614
vessel.
1615
(10) Each wrecker company that provides Persons who provide
1616
services under pursuant to this section shall permit vehicle or
1617
vessel owners or their agents, which agency is evidenced by an
1618
original writing acknowledged by the owner before a notary public
1619
or other person empowered by law to administer oaths, to inspect
1620
the towed vehicle or vessel and shall release to the owner or
1621
agent the vehicle, vessel, or all personal property not affixed
1622
to the vehicle or vessel that which was in the vehicle or vessel
1623
at the time the vehicle or vessel came into the custody of the
1624
wrecker company person providing those such services.
1625
(11)(a) A wrecker company that Any person regularly engaged
1626
in the business of recovering, towing, or storing vehicles or
1627
vessels who comes into possession of a vehicle or vessel pursuant
1628
to subsection (2) and complies who has complied with the
1629
provisions of subsections (3) and (6), when the such vehicle or
1630
vessel is to be sold for purposes of being dismantled, destroyed,
1631
or changed in such a manner that it is not the motor vehicle or
1632
vessel described in the certificate of title, must shall apply to
1633
the county tax collector for a certificate of destruction. A
1634
certificate of destruction, which authorizes the dismantling or
1635
destruction of the vehicle or vessel described on the certificate
1636
therein, is shall be reassignable no more than twice a maximum of
1637
two times before dismantling or destruction of the vehicle or
1638
vessel is shall be required, and, in lieu of a certificate of
1639
title, the certificate of destruction shall accompany the vehicle
1640
or vessel for which it is issued, when the such vehicle or vessel
1641
is sold for that purpose such purposes, in lieu of a certificate
1642
of title. The application for a certificate of destruction must
1643
include an affidavit from the applicant that it has complied with
1644
all applicable requirements of this section and, if the vehicle
1645
or vessel is not registered in this state, by a statement from a
1646
law enforcement officer that the vehicle or vessel is not
1647
reported stolen, and must also shall be accompanied by any other
1648
such documentation as may be required by the department.
1649
(b) The Department of Highway Safety and Motor Vehicles
1650
shall charge a fee of $3 for each certificate of destruction. A
1651
service charge of $4.25 shall be collected and retained by the
1652
tax collector who processes the application.
1653
(c) The Department of Highway Safety and Motor Vehicles may
1654
adopt such rules to administer as it deems necessary or proper
1655
for the administration of this subsection.
1656
(12)(a) Any person who violates any provision of subsection
1657
(1), subsection (2), subsection (4), subsection (5), subsection
1658
(6), or subsection (7) commits is guilty of a misdemeanor of the
1660
(b) Any person who violates subsection (8), subsection (9),
1661
subsection (10), or subsection (11) commits the provisions of
1662
subsections (8) through (11) is guilty of a felony of the third
1664
1665
(c) Any person who uses a false or fictitious name, gives a
1666
false or fictitious address, or makes any false statement in any
1667
application or affidavit required under the provisions of this
1668
section commits is guilty of a felony of the third degree,
1670
(d) Employees of the Department of Highway Safety and Motor
1671
Vehicles and law enforcement officers may are authorized to
1672
inspect the records of each wrecker company in this state any
1673
person regularly engaged in the business of recovering, towing,
1674
or storing vehicles or vessels or transporting vehicles or
1675
vessels by wrecker, tow truck, or car carrier, to ensure
1676
compliance with the requirements of this section. Any person who
1677
fails to maintain records, or fails to produce records when
1678
required in a reasonable manner and at a reasonable time, commits
1679
a misdemeanor of the first degree, punishable as provided in s.
1681
(13)(a) Upon receipt by the Department of Highway Safety
1682
and Motor Vehicles of written notice from a wrecker company that
1683
operator who claims a wrecker company's operator's lien under
1684
paragraph (2)(c) or paragraph (2)(d) for recovery, towing, or
1685
storage of an abandoned vehicle or vessel upon instructions from
1686
any law enforcement agency, for which a certificate of
1687
destruction has been issued under subsection (11), the department
1688
shall place the name of the registered owner of that vehicle or
1689
vessel on the list of those persons who may not be issued a
1690
license plate or revalidation sticker for any motor vehicle under
1691
s. 320.03(8). If the vehicle or vessel is owned jointly by more
1692
than one person, the name of each registered owner shall be
1693
placed on the list. The notice of wrecker company's operator's
1694
lien shall be submitted on forms provided by the department,
1695
which must include:
1696
1. The name, address, and telephone number of the wrecker
1697
company operator.
1698
2. The name of the registered owner of the vehicle or
1699
vessel and the address to which the wrecker company operator
1700
provided notice of the lien to the registered owner under
1701
subsection (4).
1702
3. A general description of the vehicle or vessel,
1703
including its color, make, model, body style, and year.
1704
4. The vehicle identification number (VIN); registration
1705
license plate number, state, and year; validation decal number,
1706
state, and year; vessel registration number; hull identification
1707
number; or other identification number, as applicable.
1708
5. The name of the person or the corresponding law
1709
enforcement agency that requested that the vehicle or vessel be
1710
recovered, towed, or stored.
1711
6. The amount of the wrecker company's operator's lien, not
1712
to exceed the amount allowed by paragraph (b).
1713
(b) For purposes of this subsection only, the amount of the
1714
wrecker company's operator's lien for which the department will
1715
prevent issuance of a license plate or revalidation sticker may
1716
not exceed the amount of the charges for recovery, towing, and
1717
storage of the vehicle or vessel for 7 days. These charges may
1718
not exceed the maximum rates imposed by the ordinances of the
1719
respective county or municipality under ss. 125.0103(1)(c) and
1720
166.043(1)(c). This paragraph does not limit the amount of a
1721
wrecker company's operator's lien claimed under subsection (2) or
1722
prevent a wrecker company operator from seeking civil remedies
1723
for enforcement of the entire amount of the lien, but limits only
1724
that portion of the lien for which the department will prevent
1725
issuance of a license plate or revalidation sticker.
1726
(c)1. The registered owner of a vehicle or vessel may
1727
dispute a wrecker company's operator's lien, by notifying the
1728
department of the dispute in writing on forms provided by the
1729
department, if at least one of the following applies:
1730
a. The registered owner presents a notarized bill of sale
1731
proving that the vehicle or vessel was sold in a private or
1732
casual sale before the vehicle or vessel was recovered, towed, or
1733
stored.
1734
b. The registered owner presents proof that the Florida
1735
certificate of title of the vehicle or vessel was sold to a
1736
licensed dealer as defined in s. 319.001 before the vehicle or
1737
vessel was recovered, towed, or stored.
1738
c. The records of the department were marked "sold" prior
1739
to the date of the tow.
1740
1741
If the registered owner's dispute of a wrecker company's
1742
operator's lien complies with one of these criteria, the
1743
department shall immediately remove the registered owner's name
1744
from the list of those persons who may not be issued a license
1745
plate or revalidation sticker for any motor vehicle under s.
1746
320.03(8), thereby allowing issuance of a license plate or
1747
revalidation sticker. If the vehicle or vessel is owned jointly
1748
by more than one person, each registered owner must dispute the
1749
wrecker company's operator's lien in order to be removed from the
1750
list. However, the department shall deny any dispute and maintain
1751
the registered owner's name on the list of those persons who may
1752
not be issued a license plate or revalidation sticker for any
1753
motor vehicle under s. 320.03(8) if the wrecker company operator
1754
has provided the department with a certified copy of the judgment
1755
of a court that which orders the registered owner to pay the
1756
wrecker company's operator's lien claimed under this section. In
1757
such a case, the amount of the wrecker company's operator's lien
1758
allowed by paragraph (b) may be increased to include no more than
1759
$500 of the reasonable costs and attorney's fees incurred in
1760
obtaining the judgment. The department's action under this
1761
subparagraph is ministerial in nature, shall not be considered
1762
final agency action, and is appealable only to the county court
1763
for the county in which the vehicle or vessel was ordered
1764
removed.
1765
2. A person against whom a wrecker company's operator's
1766
lien has been imposed may alternatively obtain a discharge of the
1767
lien by filing a complaint, challenging the validity of the lien
1768
or the amount of the lien thereof, in the county court of the
1769
county in which the vehicle or vessel was ordered removed. Upon
1770
filing of the complaint, the person may have her or his name
1771
removed from the list of those persons who may not be issued a
1772
license plate or revalidation sticker for any motor vehicle under
1773
s. 320.03(8), thereby allowing issuance of a license plate or
1774
revalidation sticker, upon posting with the court a cash or
1775
surety bond or other adequate security equal to the amount of the
1776
wrecker company's operator's lien to ensure the payment of such
1777
lien in the event she or he does not prevail. Upon the posting of
1778
the bond and the payment of the applicable fee set forth in s.
1779
28.24, the clerk of the court shall issue a certificate notifying
1780
the department of the posting of the bond and directing the
1781
department to release the wrecker company's operator's lien. Upon
1782
determining the respective rights of the parties, the court may
1783
award damages and costs in favor of the prevailing party.
1784
3. If a person against whom a wrecker company's operator's
1785
lien has been imposed does not object to the lien, but cannot
1786
discharge the lien by payment because the wrecker company
1787
operator has moved or gone out of business, the person may have
1788
her or his name removed from the list of those persons who may
1789
not be issued a license plate or revalidation sticker for any
1790
motor vehicle under s. 320.03(8), thereby allowing issuance of a
1791
license plate or revalidation sticker, upon posting with the
1792
clerk of court in the county in which the vehicle or vessel was
1793
ordered removed, a cash or surety bond or other adequate security
1794
equal to the amount of the wrecker company's operator's lien.
1795
Upon the posting of the bond and the payment of the application
1796
fee set forth in s. 28.24, the clerk of the court shall issue a
1797
certificate notifying the department of the posting of the bond
1798
and directing the department to release the wrecker company's
1799
operator's lien. The department shall mail to the wrecker company
1800
operator, at the address upon the lien form, notice that the
1801
wrecker company operator must claim the security within 60 days,
1802
or the security will be released back to the person who posted
1803
it. At the conclusion of the 60 days, the department shall direct
1804
the clerk as to which party is entitled to payment of the
1805
security, less applicable clerk's fees.
1806
4. A wrecker company's operator's lien expires 5 years
1807
after filing.
1808
(d) Upon discharge of the amount of the wrecker company's
1809
operator's lien allowed by paragraph (b), the wrecker company
1810
operator must issue a certificate of discharged wrecker company's
1811
operator's lien on forms provided by the department to each
1812
registered owner of the vehicle or vessel attesting that the
1813
amount of the wrecker company's operator's lien allowed by
1814
paragraph (b) has been discharged. Upon presentation of the
1815
certificate of discharged wrecker company's operator's lien by
1816
the registered owner, the department shall immediately remove the
1817
registered owner's name from the list of those persons who may
1818
not be issued a license plate or revalidation sticker for any
1819
motor vehicle under s. 320.03(8), thereby allowing issuance of a
1820
license plate or revalidation sticker. Issuance of a certificate
1821
of discharged wrecker company's operator's lien under this
1822
paragraph does not discharge the entire amount of the wrecker
1823
company's operator's lien claimed under subsection (2), but only
1824
certifies to the department that the amount of the wrecker
1825
company's operator's lien allowed by paragraph (b), for which the
1826
department will prevent issuance of a license plate or
1827
revalidation sticker, has been discharged.
1828
(e) When a wrecker company operator files a notice of
1829
wrecker company's operator's lien under this subsection, the
1830
department shall charge the wrecker company operator a fee of $2,
1831
which shall be deposited into the General Revenue Fund
1832
established under s. 860.158. A service charge of $2.50 shall be
1833
collected and retained by the tax collector who processes a
1834
notice of wrecker company's operator's lien.
1835
(f) This subsection applies only to the annual renewal in
1836
the registered owner's birth month of a motor vehicle
1837
registration and does not apply to the transfer of a registration
1838
of a motor vehicle sold by a motor vehicle dealer licensed under
1839
chapter 320, except for the transfer of registrations which is
1840
inclusive of the annual renewals. This subsection does not apply
1841
to any vehicle registered in the name of the lessor. This
1842
subsection does not affect the issuance of the title to a motor
1843
vehicle, notwithstanding s. 319.23(7)(b).
1844
(g) The Department of Highway Safety and Motor Vehicles may
1846
this subsection.
1847
Section 20. The amendments to section 713.78, Florida
1848
Statutes, made by this act do not affect the validity of liens
1849
established under section 713.78, Florida Statutes, before
1850
January 1, 2009.
1851
Section 21. Effective January 1, 2009, section 715.07,
1852
Florida Statutes, is amended to read:
1853
715.07 Vehicles or vessels parked on real private property
1854
without permission; towing.--
1855
(1) As used in this section, the term:
1856
(a) "Property owner" means an owner or lessee of real
1857
property, or a person authorized by the owner or lessee, which
1858
person may be the designated representative of the condominium
1859
association if the real property is a condominium.
1860
(b)(a) "Vehicle" has the same meaning ascribed in s.
1861
508.101 means any mobile item which normally uses wheels, whether
1862
motorized or not.
1863
(c)(b) "Vessel" has the same meaning ascribed in s. 508.101
1864
means every description of watercraft, barge, and airboat used or
1865
capable of being used as a means of transportation on water,
1866
other than a seaplane or a "documented vessel" as defined in s.
1867
327.02(9).
1868
(d) "Wrecker company" has the same meaning ascribed in s.
1869
508.101.
1870
(e) "Wrecker operator" has the same meaning ascribed in s.
1871
508.101.
1872
(2) A property owner The owner or lessee of real property,
1873
or any person authorized by the owner or lessee, which person may
1874
be the designated representative of the condominium association
1875
if the real property is a condominium, may cause a any vehicle or
1876
vessel parked on her or his such property without her or his
1877
permission to be removed by a wrecker company registered under
1878
chapter 508 person regularly engaged in the business of towing
1879
vehicles or vessels, without liability for the costs of removal,
1880
transportation, or storage or damages caused by the such removal,
1881
transportation, or storage, under any of the following
1882
circumstances:
1883
(a) The towing or removal of any vehicle or vessel from
1884
real private property without the consent of the registered owner
1885
or other legally authorized person in control of that vehicle or
1886
vessel is subject to strict compliance with the following
1887
conditions and restrictions:
1888
1.a. Any towed or removed vehicle or vessel must be stored
1889
at a storage facility site within a 10-mile radius of the point
1890
of removal in any county that has a population of 500,000
1891
population or more, and within a 15-mile radius of the point of
1892
removal in any county that has a population of fewer less than
1893
500,000 population. The wrecker company's storage facility That
1894
site must be open for the purpose of redemption of vehicles and
1895
vessels on any day that the wrecker company person or firm towing
1896
the such vehicle or vessel is open for towing purposes, from 8
1897
8:00 a.m. to 6 6:00 p.m., and, when closed, must shall have
1898
prominently posted a sign indicating a telephone number where the
1899
operator of the storage facility site can be reached at all
1900
times. Upon receipt of a telephoned request to open the storage
1901
facility site to redeem a vehicle or vessel, the operator shall
1902
return to the storage facility site within 1 hour or she or he is
1903
will be in violation of this section.
1904
b. If no wrecker company towing business providing such
1905
service is located within the area of towing limitations set
1906
forth in sub-subparagraph a., the following limitations apply:
1907
any towed or removed vehicle or vessel must be stored at a
1908
storage facility site within a 20-mile radius of the point of
1909
removal in any county that has a population of 500,000 population
1910
or more, and within a 30-mile radius of the point of removal in
1911
any county that has a population of fewer less than 500,000
1912
population.
1913
2. The wrecker company person or firm towing or removing
1914
the vehicle or vessel shall, within 30 minutes after completion
1915
of the such towing or removal, notify the municipal police
1916
department or, in an unincorporated area, the sheriff, of the
1917
such towing or removal, the location of the storage facility
1918
site, the time the vehicle or vessel was towed or removed, and
1919
the make, model, color, and license plate number of the vehicle
1920
or the make, model, color, and registration number of the vessel.
1921
The wrecker company or description and registration number of the
1922
vessel and shall also obtain the name of the person at the police
1923
that department or sheriff's office to whom such information is
1924
was reported and note that name on the trip record.
1925
3. A wrecker operator person in the process of towing or
1926
removing a vehicle or vessel from the premises or parking lot in
1927
which the vehicle or vessel is not lawfully parked without
1928
permission must stop when a person seeks the return of the
1929
vehicle or vessel. The vehicle or vessel must be returned upon
1930
the payment of a reasonable service fee of not more than one-half
1931
of the posted rate for the towing or removal service as provided
1932
in subparagraph 6. The vehicle or vessel may be towed or removed
1933
if, after a reasonable opportunity, the owner or legally
1934
authorized person in control of the vehicle or vessel is unable
1935
to pay the service fee or refuses to remove the vehicle or vessel
1936
that is parked without permission. If the vehicle or vessel is
1937
redeemed, a detailed signed receipt must be given to the person
1938
redeeming the vehicle or vessel.
1939
4. A wrecker company, a wrecker operator, or another
1940
employee or agent of a wrecker company person may not pay or
1941
accept money or other valuable consideration for the privilege of
1942
towing or removing vehicles or vessels from a particular
1943
location.
1944
5. Except for property appurtenant to and obviously a part
1945
of a single-family residence, and except for instances when
1946
notice is personally given to the owner or other legally
1947
authorized person in control of the vehicle or vessel that the
1948
area in which that vehicle or vessel is parked is reserved or
1949
otherwise unavailable for unauthorized vehicles or vessels and
1950
that the vehicle or vessel is subject to being removed at the
1951
owner's or operator's expense, any property owner or lessee, or
1952
person authorized by the property owner or lessee, before prior
1953
to towing or removing any vehicle or vessel from real private
1954
property without the consent of the owner or other legally
1955
authorized person in control of that vehicle or vessel, must post
1956
a notice meeting the following requirements:
1957
a. The notice must be prominently placed at each driveway
1958
access or curb cut allowing vehicular access to the property,
1959
within 5 feet from the public right-of-way line. If there are no
1960
curbs or access barriers, at least one sign the signs must be
1961
posted not less than one sign for each 25 feet of lot frontage.
1962
b. The notice must clearly indicate, in at least not less
1963
than 2-inch high, light-reflective letters on a contrasting
1964
background, that unauthorized vehicles will be towed away at the
1965
owner's expense. The words "tow-away zone" must be included on
1966
the sign in at least not less than 4-inch high letters.
1967
c. The notice must also provide the name and current
1968
telephone number of the wrecker company person or firm towing or
1969
removing the vehicles or vessels.
1970
d. The sign structure containing the required notices must
1971
be permanently installed with the words "tow-away zone" not less
1972
than 3 feet and not more than 6 feet above ground level and must
1973
be continuously maintained on the property for not less than 24
1974
hours prior to the towing or removal of any vehicles or vessels.
1975
e. The local government may require permitting and
1976
inspection of these signs prior to any towing or removal of
1977
vehicles or vessels being authorized.
1978
f. A business with 20 or fewer parking spaces satisfies the
1979
notice requirements of this subparagraph by prominently
1980
displaying a sign stating, "Reserved Parking for Customers Only.
1981
Unauthorized Vehicles or Vessels Will be Towed Away At the
1982
Owner's Expense," in at least not less than 4-inch high, light-
1983
reflective letters on a contrasting background.
1984
g. A property owner towing or removing vessels from real
1985
property must post notice, consistent with the requirements in
1986
sub-subparagraphs a.-f., which apply to vehicles, that
1987
unauthorized vehicles or vessels will be towed away at the
1988
owner's expense.
1989
1990
A business owner or lessee may authorize the removal of a vehicle
1991
or vessel by a wrecker towing company registered under chapter
1992
508 when no tow-away sign is posted if the vehicle or vessel is
1993
parked in such a manner that restricts the normal operation of
1994
business.; and If a vehicle or vessel parked on a public right-
1995
of-way obstructs access to a private driveway when no tow-away
1996
sign is posted, the owner or, lessee of the driveway, or the
1997
owner's or lessee's agent may have the vehicle or vessel removed
1998
by a wrecker towing company registered under chapter 508 upon
1999
signing an order that the vehicle or vessel be removed without a
2000
posted tow-away zone sign.
2001
6. Each wrecker company Any person or firm that tows or
2002
removes vehicles or vessels and proposes to require an owner,
2003
operator, or person in control of a vehicle or vessel to pay the
2004
costs of towing and storage prior to redemption of the vehicle or
2005
vessel must file and keep on record with the local law
2006
enforcement agency a complete copy of the current rates to be
2007
charged for the such services and post at the wrecker company's
2008
storage facility site an identical rate schedule and any written
2009
contracts with property owners, lessees, or persons in control of
2010
real property that which authorize the wrecker company such
2011
person or firm to remove vehicles or vessels as provided in this
2012
section.
2013
7. Each wrecker company Any person or firm towing or
2014
removing any vehicles or vessels from real private property
2015
without the consent of the owner or other legally authorized
2016
person in control of the vehicles or vessels shall, on each
2017
wrecker any trucks, wreckers as defined in s. 320.01 s.
2018
713.78(1)(c), or other vehicles used in the towing or removal,
2019
have the name, address, and telephone number of the wrecker
2020
company performing such service clearly printed in contrasting
2021
colors on the driver and passenger sides of the wrecker vehicle.
2022
The name must shall be in at least 3-inch permanently affixed
2023
letters, and the address and telephone number must shall be in at
2024
least 1-inch permanently affixed letters.
2025
8. Vehicle or vessel entry for the purpose of towing or
2026
removing the vehicle or vessel is shall be allowed with
2027
reasonable care on the part of the wrecker company and the
2028
wrecker operators person or firm towing the vehicle or vessel. A
2029
wrecker company, its wrecker operators, and other employees or
2030
agents of the wrecker company are not Such person or firm shall
2031
be liable for any damage occasioned to the vehicle or vessel if
2032
such entry into the vehicle or vessel is performed not in
2033
accordance with the standard of reasonable care.
2034
9. When a vehicle or vessel is has been towed or removed
2035
under pursuant to this section, the wrecker company it must
2036
release the vehicle or vessel be released to its owner or an
2037
agent of the owner custodian within one hour after requested. Any
2038
vehicle or vessel owner or the owner's agent has shall have the
2039
right to inspect the vehicle or vessel before accepting its
2040
return. A wrecker company may not require any vehicle or vessel
2041
owner, custodian, or agent to, and no release the wrecker company
2042
or waiver of any kind which would release the person or firm
2043
towing the vehicle or vessel from liability for damages noted by
2044
the owner or other legally authorized person at the time of the
2045
redemption may be required from any vehicle or vessel owner,
2046
custodian, or agent as a condition of release of the vehicle or
2047
vessel to its owner. A wrecker company must give a person paying
2048
towing and storage charges under this section a detailed, signed
2049
receipt showing the legal name of the wrecker company or person
2050
towing or removing the vehicle or vessel must be given to the
2051
person paying towing or storage charges at the time of payment,
2052
whether requested or not.
2053
(b) The These requirements of this subsection are minimum
2054
standards and do not preclude enactment of additional regulations
2055
by any municipality or county, including the regulation of right
2056
to regulate rates when vehicles or vessels are towed from real
2057
private property.
2058
(3) This section does not apply to vehicles or vessels that
2059
are reasonably identifiable from markings as law enforcement,
2060
firefighting, rescue squad, ambulance, or other emergency
2061
vehicles or vessels that are marked as such or to property owned
2062
by any governmental entity.
2063
(4) When a person improperly causes a vehicle or vessel to
2064
be removed, that such person is shall be liable to the owner or
2065
lessee of the vehicle or vessel for the cost of removal,
2066
transportation, and storage; any damages resulting from the
2067
removal, transportation, or storage of the vehicle or vessel;
2068
attorney's fees; and court costs.
2069
(5) Failure to make good faith efforts to comply with the
2070
notice requirements in subparagraph (2)(a)5. precludes the
2071
imposition of any towing or storage charges against the vehicle
2072
or vessel.
2073
(6)(5)(a) Any person who violates subparagraph (2)(a)2. or
2074
subparagraph (2)(a)6. commits a misdemeanor of the first degree,
2076
(b) Any person who violates subparagraph (2)(a)1.,
2077
subparagraph (2)(a)3., subparagraph (2)(a)4., subparagraph
2078
(2)(a)7., or subparagraph (2)(a)9. commits a felony of the third
2080
2081
Section 22. Effective January 1, 2009, subsection (15) of
2082
section 1.01, Florida Statutes, is repealed.
2083
Section 23. The sum of $693,000 is appropriated from the
2084
General Inspection Trust Fund to the Department of Agriculture
2085
and Consumer Services, and nine additional full-time equivalent
2086
positions are authorized, for the purpose of implementing this
2087
act during the 2008-2009 fiscal year.
2088
Section 24. Except as otherwise expressly provided in this
2089
act, this act shall take effect July 1, 2008.
CODING: Words stricken are deletions; words underlined are additions.