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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316.550(4)(a) and (9) and 320.08(5)(d) and (e), F.S.,

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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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715.07.

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

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

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

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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,

499

s. 321.051, chapter 323, s. 713.78, or s. 715.07;

500

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

501

administrative or enforcement action brought by the department,

502

another governmental agency, or a private person based upon

503

conduct involving a violation of this chapter;

504

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

505

or enforcement proceeding in any jurisdiction based upon conduct

506

involving a violation of this chapter; or

507

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

508

brought by the department under this chapter.

509

     508.1061 Acceptable forms of payment.--A wrecker company

510

shall accept a minimum of two of the three following forms of

511

payment:

512

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

513

check.

514

     (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.

653

125.0103(1)(c) and 166.043(1)(c).

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

805

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

806

775.084.

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

811

third degree, punishable as provided in s. 775.082, s. 775.083,

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

860

in s. 316.1001(4), s. 316.1967(6), or s. 713.78(13), a license

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.

952

320.01(40) to tow a disabled vehicle as defined in s. 320.01(38)

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

1072

s. 125.0103 or s. 166.043. These rates are not rules for the

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

775.083.

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.

1114

775.082 or s. 775.083.

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,

1120

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

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.

1212

316.193 or s. 322.34; or

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

775.083.

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.

1304

775.082 or s. 775.083.

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,

1310

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

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

715.07.

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

1659

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

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

1663

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

1664

775.084.

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,

1669

punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

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.

1680

775.082 or s. 775.083.

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

1845

adopt rules pursuant to ss. 120.536(1) and 120.54 to implement

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,

2075

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

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

2079

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

2080

775.084.

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.