Florida Senate - 2008 CS for SB 672
By the Committee on Commerce; and Senator Crist
577-06374-08 2008672c1
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A bill to be entitled
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An act relating to wrecker services; creating ch. 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 Agriculture and Consumer Services; requiring
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fees for processing; providing for issuance of a
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registration certificate; requiring display of the
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certificate; providing requirements for advertisements;
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requiring notification of changes in registration
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information; requiring payment of certain fees; requiring
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certain companies to obtain a local business tax receipt
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prior to registration renewal; requiring insurance
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coverage; requiring the department to notify the
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Department of Highway Safety and Motor Vehicles when a
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registration has been suspended or revoked; creating s.
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508.106, F.S.; authorizing the Department of Agriculture
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and Consumer Services to deny, revoke, or refuse to renew
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the 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; requiring the department to
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maintain data relating to the fees; creating s. 508.117,
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F.S.; providing for deposit and use of fees, penalties,
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and other funds; creating s. 508.118, F.S.; providing that
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the 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;
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creating s. 508.110, F.S.; prohibiting the performance of
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wrecker services after a certain date unless the operator
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is in the employ of a company that is registered;
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requiring wrecker operators to be certified; providing
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exceptions for certain shops and organizations;
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authorizing the department to inspect company records;
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creating s. 508.115, F.S.; providing criminal penalties;
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amending s. 120.80, F.S.; providing for appointment of a
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hearing officer by the director of the Division of the
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Florida Highway Patrol when a hearing is held to deny,
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suspend, or remove a wrecker company from participating in
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the wrecker-allocation system; creating s. 205.1977, F.S.;
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prohibiting a county or municipality from issuing or
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renewing a business tax receipt for a wrecker company that
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is not registered with the Department of Agriculture and
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Consumer Services; amending s. 316.530, F.S., relating to
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towing requirements; conforming terminology; amending s.
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320.01, F.S.; redefining the term "wrecker" for purposes
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of the Florida Statutes; amending s. 320.03, F.S.,
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relating to withholding the motor vehicle registration
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plate or revalidation sticker; providing for application
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of provisions to wrecker companies rather than wrecker
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operators; amending s. 320.0706, F.S.; requiring that the
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license plate be displayed only on the front of a wrecker;
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amending s. 320.0821, F.S.; revising requirements for the
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issuance of wrecker license plates; requiring that the
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license plate be displayed on the front of the wrecker;
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amending s. 320.13, F.S., relating to dealer license
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plates; conforming terminology; reenacting ss.
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relating to special wrecker permits and license taxes, to
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incorporate the amendment to s. 320.01, F.S., in
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references thereto; amending s. 321.051, F.S.; revising
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provisions for the Florida Highway Patrol wrecker operator
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system; changing the designation to "wrecker-allocation
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system"; providing definitions; revising provisions that
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authorize the Division of the Florida Highway Patrol
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within the Department of Highway Safety and Motor Vehicles
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to establish the system; revising requirements for the
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system; limiting the system to using certain registered
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wrecker companies; revising eligibility requirements for
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wreckers; revising provisions for procedures for appeal of
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final orders by the department denying, suspending, or
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revoking eligibility to participate; prohibiting an
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unauthorized wrecker company and wrecker operators
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dispatched by an unauthorized company from engaging in
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certain activities; requiring those operators to disclose
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certain information to the owner or operator of a wrecked
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or disabled vehicle before towing; providing penalties;
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providing for a law enforcement officer to dispatch an
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authorized wrecker company other than a company requested
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by the vehicle owner or operator or to dispatch a company
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out of rotation; amending s. 323.001, F.S.; revising
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procedures for placement of a hold on a vehicle at a
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storage facility; providing for placement of a hold by a
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law enforcement agency; providing definitions; revising
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provisions for payment of towing and storage charges;
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revising rate-limitation provisions; amending s. 323.002,
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F.S.; revising provisions for county and municipal wrecker
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operator systems; changing the designation to "wrecker-
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allocation systems"; providing definitions; limiting the
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systems to using certain registered wrecker companies;
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prohibiting an unauthorized wrecker company and wrecker
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operators dispatched by an unauthorized company from
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engaging in certain activities; requiring those operators
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to disclose certain information to the owner or operator
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of a wrecked or disabled vehicle before towing; providing
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penalties; providing for a law enforcement officer to
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dispatch an authorized wrecker company other than a
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company requested by the vehicle owner or operator or to
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dispatch a company out of rotation; amending s. 713.78,
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F.S.; providing for claim of lien by a wrecker company for
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recovering, removing, or storing a vehicle or vessel;
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conforming provisions to changes made by the act;
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providing definitions; requiring notification to the
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vehicle or vessel owners, insurers, and lienholders;
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providing for a law enforcement agency to obtain
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information from the Department of Highway Safety and
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Motor Vehicles and provide the information to the wrecker
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company; providing notice procedures; providing for
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content of the notice; providing for notice to the agency
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of jurisdiction if the vehicle or vessel owner or
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lienholder cannot be identified; revising procedures for
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complaint by the vehicle or vessel owner; providing for
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release of the vehicle or vessel; requiring damages,
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attorney's fees, and costs to be awarded by the court;
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requiring immediate payment of recovery, towing, and
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storage fees to be ordered by the court; providing for
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notice and sale of the vehicle or vessel by the wrecker
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company; providing for distribution of proceeds; providing
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for discharge of liens and issuance of certificate of
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title; providing immunity from liability for a wrecker
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company, its operators, and other employees or agents
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under certain conditions; providing for a presumption of
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the use of reasonable care; requiring wrecker company
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information to be printed on the wrecker; specifying that
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failure to make good-faith best efforts to comply with
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notice requirements precludes imposition of storage
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charges; requiring a wrecker company to provide access to
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the vehicle or vessel; requiring release of the vehicle,
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vessel, or personal property to the owner or agent of the
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owner; requiring the wrecker company to obtain a
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certificate of destruction in lieu of a certificate of
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title when the vehicle or vessel is to be dismantled,
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destroyed, or changed in such a manner that it is not the
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motor vehicle or vessel described in the certificate of
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title; providing for issuance of the certificate of
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destruction by the county tax collector; providing
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requirements for application for the certificate of
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destruction; providing for reassignment of the certificate
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of destruction; authorizing the Department of Highway
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Safety and Motor Vehicles to adopt rules; providing
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penalties for specified violations; authorizing the
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Department of Highway Safety and Motor Vehicles to inspect
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wrecker company records; directing the Department of
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Highway Safety and Motor Vehicles, upon notice of lien
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from a wrecker company, to place the name of the owner of
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the vehicle or vessel on the list of those persons who may
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not be issued a license plate or revalidation sticker for
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a motor vehicle; providing for forms for the notice of
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lien; providing for dispute by the owner; providing for
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the owner's name to be removed from the list of those
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persons who may not be issued a license plate or
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revalidation sticker for a motor vehicle; providing for
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lien expiration; requiring a certificate of discharge to
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be issued by the wrecker company; providing for certain
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fees and charges; providing for application and
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exceptions; clarifying that the amendments made by the act
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do not affect the validity of prior liens; amending s.
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715.07, F.S.; revising provisions for the towing and
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storage of vehicles and vessels parked on real property
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without permission; providing definitions; providing
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requirements for storage facility operation; providing
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requirements for a wrecker company, its operators, and
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other employees or agents; prohibiting a wrecker company,
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a wrecker operator, or another employee or agent of a
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wrecker company from paying or accepting payment for the
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privilege of removing vehicles or vessels from a
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particular location; revising requirements for tow-away
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signs to be posted by property owners; requiring a wrecker
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company to maintain rate schedules with the local law
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enforcement agency and to post rates and contracts at its
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storage facility; revising requirements for certain
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signage on a wrecker; providing immunity from liability
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for a wrecker company, its operators, and other employees
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or agents if entry into the vehicle or vessel is performed
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with reasonable care; revising provisions for release of
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the vehicle or vessel; providing that failure to comply
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with notice requirements precludes a wrecker company from
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imposing certain towing or storage charges; providing
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penalties; repealing s. 1.01(15), F.S., relating to the
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definition of the term "wrecker operator"; providing an
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appropriation and authorizing additional positions;
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providing an effective date.
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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
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sections 508.101, 508.102, 508.103, 508.105, 508.106, 508.1061,
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508.107, 508.108, 508.109, 508.111, 508.112, 508.113, 508.114,
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508.116, 508.117, 508.118, 508.119, and 508.120, is created to
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read:
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CHAPTER 508
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WRECKER SERVICES
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508.101 Definitions.--As used in this chapter, the term:
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(1) "Business entity" means any form of corporation,
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limited liability company, partnership, association, cooperative,
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joint venture, business trust, sole proprietorship, or self-
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employed person conducting business in this state.
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(2) "Council" means the Wrecker Operator Advisory Council.
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(3) "Department" means the Department of Agriculture and
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Consumer Services.
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(4) "Specialized wrecker service" means a wrecker service
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described in s. 508.108. A wrecker operator is required to obtain
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the applicable certification endorsement before performing a
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specialized wrecker service.
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(5) "Ultimate equitable owner" means a natural person who,
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directly or indirectly, owns or controls 10 percent or more of an
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ownership interest in a wrecker company, regardless of whether
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the natural person owns or controls the ownership interest
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through one or more natural persons or one or more proxies,
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powers of attorney, nominees, business entities, or any
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combination thereof.
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(6) "Vehicle" means any vehicle of a type that may be
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registered under chapter 320 for operation on the roads of this
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state, regardless of whether the vehicle is actually registered.
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The term does not include a mobile home or manufactured home as
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defined in s. 320.01.
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(7) "Vessel" means any type of watercraft, barge, or
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airboat, however described, used or capable of being used as a
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means of transportation on water, other than a seaplane or a
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documented vessel as defined in s. 327.02.
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(8) "Wrecker" has the same meaning ascribed in s. 320.01.
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(9) "Wrecker company" means a business entity engaged for
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hire in the business of towing, carrying, or transporting
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vehicles or vessels by wrecker upon the streets and highways of
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this state. The term does not include a person regularly engaged
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in the business of transporting mobile homes.
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(10) "Wrecker operator" means a person who performs wrecker
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services.
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(11) "Wrecker services" means towing, carrying, or
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otherwise transporting vehicles or vessels by wrecker upon the
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streets and highways of this state for hire. The term includes,
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but is not limited to, each of the following:
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(a) Driving a wrecker.
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(b) Loading, securing, and unloading a vehicle or vessel on
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a wrecker using a boom, winch, car carrier, or other similar
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equipment.
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(c) Towing or removal of a wrecked, disabled, or abandoned
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vehicle under the Florida Highway Patrol wrecker-allocation
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system pursuant to s. 321.051 or under a county or municipal
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wrecker-allocation system pursuant to s. 323.002.
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(d) Towing, recovery, or removal of a vehicle or vessel
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under s. 713.78.
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(e) Towing, transportation, or removal of a vehicle or
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vessel parked on real property without permission under s.
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(f) Recovery of a vehicle or vessel.
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The term does not include wrecker services provided by a
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franchised motor vehicle dealer licensed pursuant to s. 320.27 if
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such services are incidental to the operation of the franchise.
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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 seven members
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appointed by the Commissioner of Agriculture.
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(b) Each of four members of the council must 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, each of four members of the
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council must 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, in order to establish staggered terms, two members
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who are owners of wrecker companies and one layperson shall be
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appointed initially for a 2-year term. Members may be reappointed
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for additional terms, but may not serve more than 8 consecutive
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years. A vacancy shall be filled for the remainder of the
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unexpired term 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 must keep a complete
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record of each meeting showing the names of members present and
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the actions taken. These records and other documents regarding
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matters within the jurisdiction of the council must be kept on
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file with the department.
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(5) The members of the council shall serve without
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compensation, but are entitled to reimbursement of travel and per
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diem expenses under s. 112.061.
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(6) The department shall provide administrative and staff
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support services relating to the functions of the council.
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(7) The council shall review the rules adopted by the
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department to administer this chapter and shall advise the
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department on matters relating to industry standards and
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practices and other issues that require technical expertise and
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consultation or that promote better consumer protection in the
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wrecker industry.
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508.103 Rulemaking authority.--The department may adopt
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508.105 Registration requirements; renewal of
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registrations.--
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(1) Each wrecker company engaged or attempting to engage
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for hire in the business of towing, carrying, or transporting
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vehicles or vessels by wrecker upon the streets and highways of
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this state must annually register with the department on forms
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prescribed by the department. The application for registration
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must include at least the following information:
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(a) The name and federal employer identification number of
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the wrecker company.
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(b) The mailing address, physical address, and telephone
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number of the wrecker company's primary place of business.
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(c) The fictitious name under which the wrecker company
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transacts business in this state.
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(d) The full name, residence address, business address, and
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telephone number of the applicant. If the applicant is other than
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a natural person, the application must also contain the full
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name, residence address, business address, telephone number, and
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federal employer identification number, if applicable, of each
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ultimate equitable owner of the business entity and each officer,
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director, partner, manager, member, or managing member of the
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entity.
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(e) If the applicant is other than a natural person, the
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full name of the business entity's registered agent and the
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address of the registered office for service of process.
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(f) The physical address and telephone number of each
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business location and each storage facility where the wrecker
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company stores towed vehicles or vessels.
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(2) Each initial and renewal application for registration
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must be accompanied by the registration fee prescribed in s.
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508.116.
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(3) Each initial application for registration must be
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accompanied by a complete set of the applicant's fingerprints
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taken by a law enforcement agency. If the applicant is other than
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a natural person, a complete set of fingerprints must be filed
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for each ultimate equitable owner of the business entity and each
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officer, director, partner, manager, member, or managing member
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of the entity. The Department of Agriculture and Consumer
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Services shall collect from each applicant the fingerprint
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processing fee of $15 for state processing and an additional fee
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for national processing for each application submitted. The
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department shall submit the fingerprints to the Department of Law
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Enforcement for state processing, and the Department of Law
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Enforcement shall forward the fingerprints to the Federal Bureau
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of Investigation for national processing. The Department of
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Agriculture and Consumer Services shall screen background results
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to determine whether the applicant meets the requirements for
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issuance of a registration certificate. Registration renewal
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applications need not be accompanied by a set of fingerprints for
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an individual who previously submitted a set of fingerprints to
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the department as part of a prior year's registration
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application.
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(4) The department shall review each application in
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accordance with s. 120.60 and shall issue a registration
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certificate, in the form and size prescribed by the department,
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to each wrecker company whose application is approved. The
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certificate must show at least the name and address of the
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wrecker company and the registration number. The registration
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certificate must be prominently displayed in the wrecker
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company's primary place of business.
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(5) Each advertisement of a wrecker company must include
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the phrase "Fla. Wrecker Co. Reg. No." For the purpose of this
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subsection, the term "advertisement" means a printed or graphic
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statement made in a newspaper or other publication or contained
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in any notice, handbill, or sign, including signage on a vehicle,
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flyer, catalog, or letter.
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(6) A registration is invalid for a wrecker company
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transacting business at a place other than the location specified
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in the registration application unless the department is first
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notified in writing before the change of location. A registration
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issued under this chapter is not transferable or assignable, and
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a wrecker company may not conduct business under a name other
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than the name registered. A wrecker company desiring to change
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its registered name, location, or registered agent for service of
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process at a time other than upon renewal of registration must
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notify the department of the change.
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(7)(a) Each registration must be renewed annually on or
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before the expiration date of the current registration. A late
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fee of $25 must be paid, in addition to the registration fee or
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any other penalty, for a registration renewal application that is
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received by the department after the expiration date of the
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current registration. The department may not issue a registration
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until all fees are paid.
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(b) A wrecker company whose primary place of business is
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located within a county or municipality that requires, by local
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ordinance, a local business tax receipt under chapter 205 may not
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renew a registration under this chapter unless the wrecker
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company obtains the business tax receipt from the county or
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municipality.
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(8) Each wrecker company must provide the department with a
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certificate of insurance for the insurance coverage required
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under s. 627.7415 before the department may issue the certificate
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for an initial or renewal registration. The department must be
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named as a certificateholder on the insurance certificate and
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must be notified at least 30 days before any change in insurance
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coverage.
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(9) The department shall notify the Department of Highway
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Safety and Motor Vehicles when a registration issued under this
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chapter has been suspended or revoked by order of the department.
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Notification must be sent within 10 days after the department
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issues the suspension or revocation order.
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508.106 Denial of registration.--The department may deny,
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revoke, or refuse to renew the registration of a wrecker company
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based upon a determination that the applicant or, if the
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applicant is other than a natural person, the wrecker company or
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any of its ultimate equitable owners, officers, directors,
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partners, managers, members, or managing members has:
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(1) Not met the requirements for registration under this
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chapter;
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(2) Been convicted or found guilty of, regardless of
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adjudication, or pled guilty or nolo contendere to, a felony
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within the last 10 years;
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(3) Been convicted or found guilty of, regardless of
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adjudication, or pled guilty or nolo contendere to, a crime
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within the last 10 years involving repossession of a motor
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vehicle under chapter 493, repair of a motor vehicle under ss.
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carjacking under s. 812.133, operation of a chop shop under s.
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812.16, failure to maintain records of motor vehicle parts and
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accessories under s. 860.14, violations relating to airbags under
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for repairs and parts under s. 860.15, or a violation of towing
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or storage requirements for a motor vehicle under this chapter,
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(4) Not satisfied a civil fine or penalty arising out of an
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administrative or enforcement action brought by the department,
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another governmental agency, or a private person based upon
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conduct involving a violation of this chapter;
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(5) Pending against him or her a criminal, administrative,
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or enforcement proceeding in any jurisdiction based upon conduct
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involving a violation of this chapter; or
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(6) Had a judgment entered against him or her in an action
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brought by the department under this chapter.
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508.1061 Acceptable forms of payment.--A wrecker company
515
shall accept a minimum of two of the three following forms of
516
payment:
517
(1) Cash, cashier's check, money order, or traveler's
518
check.
519
(2) Valid personal check, showing upon its face the name
520
and address of the vehicle or vessel owner or authorized
521
representative.
522
(3) Valid credit card, including, but not limited to, Visa
523
or MasterCard.
524
508.107 Wrecker operator certification program.--
525
(1) The department, in consultation with the council, shall
526
establish a wrecker operator certification program by December
527
31, 2008. Under this program, the council shall approve
528
certification courses for wrecker operators conducted by approved
529
organizations. The council shall prescribe the minimum curricula
530
for these courses, which must comprise at least 16 hours, equally
531
apportioned between theoretical instruction and practical
532
training. The council must approve each organization and its
533
certification course before the course is accepted for
534
certification of wrecker operators under this chapter.
535
(2) Each approved wrecker operator certification course
536
must include a certification examination demonstrating a wrecker
537
operator's knowledge, skills, and abilities in performing wrecker
538
services and proficiency in the subject matter of the
539
certification course. The council must approve each certification
540
examination before the examination is accepted for certification
541
of wrecker operators under this chapter.
542
(3) Each organization conducting an approved wrecker
543
operator certification course must issue on forms prescribed by
544
the department a certificate to each wrecker operator who
545
completes the approved certification course and passes the
546
approved certification examination.
547
508.108 Specialized wrecker services.--
548
(1) In addition to the minimum curricula for certification
549
of wrecker operators, each approved certification course must
550
offer optional instruction, training, and examination of wrecker
551
operators for each of the following specialized wrecker services:
552
(a) Light duty.--Towing and winching a passenger vehicle
553
and uprighting an overturned passenger vehicle, including the
554
proper use of chains, wire rope, and straps.
555
(b) Medium duty.--Towing and winching a medium-sized
556
commercial vehicle and uprighting an overturned medium-sized
557
commercial vehicle.
558
(c) Heavy duty.--Towing and winching a standard large-sized
559
commercial vehicle and uprighting an overturned standard large-
560
sized commercial vehicle.
561
(d) Ultra-heavy duty.--Towing and winching a specialty
562
large-sized commercial vehicle or another complex vehicle and
563
uprighting an overturned specialty large-sized commercial vehicle
564
or another complex vehicle.
565
(e) Rollback wrecker.--Proper loading, securing,
566
transporting, and unloading of a vehicle on a flatbed-rollback
567
wrecker.
568
(f) Hazardous materials.--Awareness of hazardous materials.
569
Instruction and training for this wrecker service must comprise
570
at least 8 hours in order to be approved.
571
(g) Air cushions.--Proper use of air cushions in the
572
recovery of a heavy-duty vehicle.
573
(2) The department shall adopt rules prescribing specific
574
standards to further define each of the specialized wrecker
575
services described in subsection (1). The council must approve
576
the instruction, training, and examination for a specialized
577
wrecker service before the specialized wrecker service is
578
accepted for endorsement of a wrecker operator's certification
579
under this chapter.
580
(3) Each organization conducting an approved wrecker
581
operator certification course must issue on forms prescribed by
582
the department a certificate to each wrecker operator who
583
completes the approved instruction and training for a specialized
584
wrecker service and passes the approved endorsement examination
585
for that specialized wrecker service.
586
508.109 Certification cards.--
587
(1) Each organization conducting an approved wrecker
588
operator certification course must issue a certification card to
589
each wrecker operator who completes the approved certification
590
course and passes the approved certification examination. The
591
department must approve the form of the certification cards
592
issued by each organization. Each certification card must include
593
the wrecker operator's name, a color photograph or digital image
594
of the wrecker operator, and the expiration date of the
595
certification card.
596
(2) Each certification card must also include the wrecker
597
operator's applicable endorsements for those specialized wrecker
598
services for which the wrecker operator completed the approved
599
instruction and training and passed the approved endorsement
600
examination.
601
(3)(a) The department may adopt rules governing the
602
issuance of a certification card to a wrecker operator who:
603
1. Completes a certification course and passes a
604
certification examination in another state, which course and
605
examination are substantially equivalent to the approved
606
certification courses and approved certification examinations in
607
this state.
608
2. Completed a certification course and passed a
609
certification examination in this state between January 1, 2003,
610
and December 31, 2008, which course and examination are
611
substantially equivalent to the approved certification courses
612
and the approved certification examinations. This subparagraph
613
expires July 1, 2009.
614
3. Completed instruction and training for a specialized
615
wrecker service and passed an endorsement examination for that
616
specialized wrecker service between January 1, 2003, and December
617
31, 2008, which instruction, training, and examination are
618
substantially equivalent to the approved instruction and training
619
and the approved endorsement examinations. This subparagraph
620
expires July 1, 2009.
621
(b) For the purposes of this subsection, the council shall
622
approve each certification examination in another state and shall
623
approve the instruction, training, and examination for each
624
specialized wrecker service in another state which the council
625
determines are substantially equivalent to the approved
626
certification courses and approved certification examinations in
627
this state or to the approved instruction, training, and
628
endorsement examinations for a specialized wrecker service in
629
this state.
630
(4) Each certification card expires 5 years after the date
631
of issuance.
632
(5) Certification cards shall be issued by the
633
organizations conducting approved wrecker operator certification
634
courses. The department is not responsible for issuing
635
certification cards or for the costs associated with the issuance
636
of certification cards.
637
508.111 Renewal of certification; continuing education
638
requirements.--
639
(1) The department, in consultation with the council, shall
640
establish a continuing education program for the recertification
641
of wrecker operators by December 31, 2009. In order to renew a
642
wrecker operator's certification card, an operator must complete
643
a continuing education course. The council must prescribe the
644
minimum curricula and proper examination for each continuing
645
education course, each of which must be at least 8 hours in
646
length. The council shall approve each organization, and the
647
continuing education course it proposes to offer, before the
648
course is approved for recertifying wrecker operators.
649
(2) Each organization conducting an approved wrecker
650
operator continuing education course must issue, on forms
651
prescribed by the department, a certificate to each wrecker
652
operator who completes the approved course and passes an approved
653
recertification examination.
654
508.112 Prohibited acts.--It is a violation of this chapter
655
for a person to:
656
(1) Charge rates that exceed the maximum rates imposed by
657
the ordinances of the respective county or municipality under ss.
659
(2) Violate s. 321.051, relating to the Florida Highway
660
Patrol wrecker-allocation system.
661
(3) Violate s. 323.002, relating to county and municipal
662
wrecker-allocation systems.
663
(4) Violate s. 713.78, relating to liens for recovering,
664
towing, or storing vehicles and vessels.
665
(5) Violate s. 715.07, relating to towing or removing
666
vehicles and vessels parked on real property without permission.
667
(6) Refuse to allow a law enforcement officer to inspect a
668
towing and storage facility as required in s. 812.055.
669
(7) Allow a person who is not certified as a wrecker
670
operator under this chapter to perform wrecker services or
671
specialized wrecker services for the wrecker company for more
672
than 6 months after first being employed by, or becoming an
673
ultimate equitable owner of, the wrecker company.
674
(8) Allow a wrecker operator certified under this chapter
675
to perform a specialized wrecker service for the wrecker company
676
if the wrecker operator's certification does not include an
677
endorsement for that specialized wrecker service.
678
(9) Perform an act otherwise prohibited by this chapter or
679
fail to perform an act otherwise required by this chapter.
680
508.113 Administrative penalties; inspection of records.--
681
(1) The department may take one or more of the following
682
actions if the department finds that a person has violated this
683
chapter or the rules or orders issued under this chapter:
684
(a) Issue a notice of noncompliance under s. 120.695.
685
(b) Impose an administrative fine not to exceed $5,000 for
686
each act or omission.
687
(c) Direct the person to cease and desist specified
688
activities.
689
(d) Refuse to register the wrecker company or suspend or
690
revoke the wrecker company's registration.
691
(e) Place the wrecker company on probation for a period of
692
time, subject to the conditions specified by the department.
693
(2) Chapter 120 shall govern an administrative proceeding
694
resulting from an order imposing a penalty specified in
695
subsection (1).
696
508.114 Civil penalties.--The department may bring a civil
697
action in a court of competent jurisdiction to recover any
698
penalties or damages allowed in this chapter and for injunctive
699
relief to enforce compliance with this chapter. The department
700
may seek a civil penalty of up to $5,000 for each violation of
701
this chapter and may seek restitution for and on behalf of any
702
owner of a vehicle or vessel who is aggrieved or injured by a
703
violation of this chapter.
704
508.116 Fees.--
705
(1) The department shall adopt by rule a fee schedule not
706
to exceed the following amounts:
707
(a) Wrecker company registration fee: $495.
708
(b) Wrecker company registration renewal fee: $495.
709
(2) The department shall collect and maintain data relating
710
to the fees and shall review the fee amounts after the first 2
711
years of the registration program.
712
508.117 General Inspection Trust Fund; payments.--All fees,
713
penalties, or other funds collected by the department under this
714
chapter must be deposited in the General Inspection Trust Fund
715
and may only be used for the purpose of administering this
716
chapter.
717
508.118 Recovery agents; exemption.--This chapter does not
718
apply to a person licensed under chapter 493 performing
719
repossession services.
720
508.119 County and municipal ordinances.--A county or
721
municipality may enact ordinances governing the business of
722
transporting vehicles or vessels by wrecker that are more
723
restrictive than this chapter. This section does not limit the
724
authority of a political subdivision to impose regulatory fees or
725
charges or to levy local business taxes under chapter 205. The
726
department may enter into a cooperative agreement with any county
727
or municipality that provides for the referral, investigation,
728
and prosecution of consumer complaints alleging violations of
729
this chapter. The department may delegate enforcement of this
730
chapter to any county or municipality entering into a cooperative
731
agreement.
732
508.120 Records.--
733
(1) Each wrecker company shall maintain records of its
734
wrecker services for at least 12 months. These records shall be
735
maintained at the wrecker company's principal place of business.
736
(2) Each wrecker company shall maintain records on each of
737
its wrecker operators sufficient to demonstrate that the operator
738
has successfully completed an approved wrecker operator
739
certification course or an approved wrecker operator continuing
740
education course and is certified to perform wrecker services.
741
These records shall be maintained at the wrecker company's
742
principal place of business for as long as the operator is
743
employed by the wrecker company and for at least 6 months
744
thereafter.
745
(3) Each organization approved to conduct a wrecker
746
operator certification course or approved to offer a wrecker
747
operator continuing education course shall maintain records on
748
each person who successfully completes one of the courses. The
749
records shall be maintained at the organization's principal place
750
of business for at least 5 years. The department may, at any time
751
during normal business hours, enter the organization's principal
752
place of business to examine the records.
753
Section 2. Effective January 1, 2009, section 508.104,
754
Florida Statutes, is created to read:
755
508.104 Wrecker companies; registration required.--
756
(1) A person may not own, operate, solicit business for,
757
advertise services for, or otherwise engage for hire in the
758
business of a wrecker company in this state unless that person is
759
registered with the department under this chapter.
760
(2) A person applying for or renewing a local business tax
761
receipt to engage for hire in the business of a wrecker company
762
must exhibit a current registration certificate from the
763
department before the local business tax receipt may be issued or
764
reissued under chapter 205.
765
(3) This section does not apply to a motor vehicle repair
766
shop registered with the department under s. 559.904 that derives
767
at least 80 percent of its gross sales from motor vehicle
768
repairs.
769
Section 3. Effective January 1, 2009, section 508.110,
770
Florida Statutes, is created to read:
771
508.110 Wrecker operators; certification required;
772
inspection of employment records.--
773
(1) A person may not perform wrecker services in this state
774
unless he or she is an employee or ultimate equitable owner of a
775
wrecker company that is registered with the department under this
776
chapter and those wrecker services are performed on behalf of the
777
wrecker company.
778
(2)(a) A person may not perform wrecker services or
779
specialized wrecker services for a wrecker company for more than
780
6 months after first being employed by, or becoming an ultimate
781
equitable owner of, the wrecker company without being certified
782
as a wrecker operator under this chapter.
783
(b) A wrecker operator certified under this chapter may not
784
perform a specialized wrecker service for a wrecker company
785
unless the wrecker operator's certification includes an
786
endorsement for that specialized wrecker service.
787
(3)(a) Notwithstanding subsections (1) and (2), a person
788
may perform wrecker services or specialized wrecker services in
789
this state if he or she is an employee or ultimate equitable
790
owner of a motor vehicle repair shop registered with the
791
department under s. 559.904 and those wrecker services or
792
specialized wrecker services are performed on behalf of the motor
793
vehicle repair shop.
794
(b) Notwithstanding subsections (1) and (2), a person may
795
perform wrecker services or specialized wrecker services in this
796
state if those wrecker services or specialized wrecker services
797
are performed on behalf of a religious organization that holds a
798
current exemption from federal taxation or that is not required
799
to apply for recognition of its exemption under s. 501 of the
800
Internal Revenue Code.
801
(4) The department may, at any time during business hours,
802
enter any business location of a wrecker company and examine the
803
company's books or records. If the department reasonably believes
804
a violation of this chapter has occurred or is occurring, the
805
department may subpoena any necessary books or records.
806
Section 4. Effective July 1, 2009, section 508.115, Florida
807
Statutes, is created to read:
808
508.115 Criminal penalties.--
809
(1) A person who violates s. 508.104(1) by operating a
810
wrecker company in this state without being registered with the
811
department under this chapter commits a felony of the third
813
814
(2) A person who violates s. 508.110(1) by performing
815
wrecker services in this state without being an employee or
816
ultimate equitable owner of a wrecker company that is registered
817
with the department under this chapter commits a felony of the
819
or s. 775.084.
820
Section 5. Effective January 1, 2009, paragraph (b) of
821
subsection (8) of section 120.80, Florida Statutes, is amended to
822
read:
823
120.80 Exceptions and special requirements; agencies.--
824
(8) DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES.--
825
(b) Wrecker companies operators.--Notwithstanding s.
826
120.57(1)(a), hearings held by the Division of the Florida
827
Highway Patrol of the Department of Highway Safety and Motor
828
Vehicles to deny, suspend, or remove a wrecker company operator
829
from participating in the wrecker-allocation wrecker rotation
830
system established under by s. 321.051 need not be conducted by
831
an administrative law judge assigned by the division. These
832
hearings shall be held by a hearing officer appointed by the
833
director of the Division of the Florida Highway Patrol.
834
Section 6. Effective January 1, 2009, section 205.1977,
835
Florida Statutes, is created to read:
836
205.1977 Wrecker companies; consumer protection.--A county
837
or municipality may not issue or renew a business tax receipt for
838
the operation of a wrecker company under chapter 508 unless the
839
wrecker company exhibits a current registration from the
840
Department of Agriculture and Consumer Services.
841
Section 7. Subsection (3) of section 316.530, Florida
842
Statutes, is amended to read:
843
316.530 Towing requirements.--
844
(3) Whenever a motor vehicle becomes disabled upon the
845
highways of this state and a wrecker or tow truck is required to
846
remove it to a repair shop or other appropriate location, if the
847
combined weights of those two vehicles and the loads thereon
848
exceed the maximum allowable weights as established by s.
849
316.535, no penalty shall be assessed either vehicle or driver.
850
However, this exception shall not apply to the load limits for
851
bridges and culverts established by the department as provided in
852
s. 316.555.
853
Section 8. Subsection (40) of section 320.01, Florida
854
Statutes, is amended to read:
855
320.01 Definitions, general.--As used in the Florida
856
Statutes, except as otherwise provided, the term:
857
(40) "Wrecker" means a tow truck or other any motor vehicle
858
that is used to tow, carry, or otherwise transport motor vehicles
859
or vessels upon the streets and highways of this state and that
860
is equipped for that purpose with a boom, winch, car carrier, or
861
other similar equipment.
862
Section 9. Effective January 1, 2009, subsection (8) of
863
section 320.03, Florida Statutes, is amended to read:
864
320.03 Registration; duties of tax collectors;
865
International Registration Plan.--
866
(8) If the applicant's name appears on the list referred to
868
plate or revalidation sticker may not be issued until that
869
person's name no longer appears on the list or until the person
870
presents a receipt from the clerk showing that the fines
871
outstanding have been paid. This subsection does not apply to the
872
owner of a leased vehicle if the vehicle is registered in the
873
name of the lessee of the vehicle. The tax collector and the
874
clerk of the court are each entitled to receive monthly, as costs
875
for implementing and administering this subsection, 10 percent of
876
the civil penalties and fines recovered from such persons. As
877
used in this subsection, the term "civil penalties and fines"
878
does not include a wrecker company's operator's lien as described
879
in s. 713.78(13). If the tax collector has private tag agents,
880
such tag agents are entitled to receive a pro rata share of the
881
amount paid to the tax collector, based upon the percentage of
882
license plates and revalidation stickers issued by the tag agent
883
compared to the total issued within the county. The authority of
884
any private agent to issue license plates shall be revoked, after
885
notice and a hearing as provided in chapter 120, if he or she
886
issues any license plate or revalidation sticker contrary to the
887
provisions of this subsection. This section applies only to the
888
annual renewal in the owner's birth month of a motor vehicle
889
registration and does not apply to the transfer of a registration
890
of a motor vehicle sold by a motor vehicle dealer licensed under
891
this chapter, except for the transfer of registrations which is
892
inclusive of the annual renewals. This section does not affect
893
the issuance of the title to a motor vehicle, notwithstanding s.
894
319.23(7)(b).
895
Section 10. Section 320.0706, Florida Statutes, is amended
896
to read:
897
320.0706 Display of license plates on trucks.--The owner of
898
any commercial truck of gross vehicle weight of 26,001 pounds or
899
more shall display the registration license plate on both the
900
front and rear of the truck in conformance with all the
901
requirements of s. 316.605 that do not conflict with this
902
section. The owner of a dump truck may place the rear license
903
plate on the gate no higher than 60 inches to allow for better
904
visibility. However, the owner of a truck tractor or a wrecker
905
must shall be required to display the registration license plate
906
only on the front of such vehicle.
907
Section 11. Subsection (1) of section 320.0821, Florida
908
Statutes, is amended, and subsection (5) is added to that
909
section, to read:
910
320.0821 Wrecker license plates.--
911
(1) The department shall issue one a wrecker license plate,
912
regardless of gross vehicle weight, to the owner of any motor
913
vehicle that is used to tow, carry, or otherwise transport motor
914
vehicles or vessels upon the streets and highways of this state
915
and that is equipped for that purpose with a boom, winch,
916
carrier, or other similar equipment, except a motor vehicle
917
registered under the International Registration Plan, upon
918
application and payment of the appropriate license tax and fees
919
in accordance with s. 320.08(5)(d) or (e).
920
(5) A wrecker license plate must be displayed on the front
921
of such vehicle.
922
Section 12. Effective January 1, 2009, subsection (1) of
923
section 320.0821, Florida Statutes, as amended by this act, is
924
amended to read:
925
320.0821 Wrecker license plates.--
926
(1) The department shall issue a wrecker license plate
927
regardless of gross vehicle weight, to the owner of a wrecker any
928
motor vehicle that is used to tow, carry, or otherwise transport
929
motor vehicles and that is equipped for that purpose with a boom,
930
winch, carrier, or other similar equipment, except a motor
931
vehicle registered under the International Registration Plan,
932
upon application and payment of the appropriate license tax and
933
fees in accordance with s. 320.08(5)(d) or (e).
934
Section 13. Paragraph (a) of subsection (1) of section
935
320.13, Florida Statutes, is amended to read:
936
320.13 Dealer and manufacturer license plates and
937
alternative method of registration.--
938
(1)(a) Any licensed motor vehicle dealer and any licensed
939
mobile home dealer may, upon payment of the license tax imposed
940
by s. 320.08(12), secure one or more dealer license plates, which
941
are valid for use on motor vehicles or mobile homes owned by the
942
dealer to whom such plates are issued while the motor vehicles
943
are in inventory and for sale, or while being operated in
944
connection with such dealer's business, but are not valid for use
945
for hire. Dealer license plates may not be used on any tow truck
946
or wrecker as defined in s. 320.01 unless the tow truck or
947
wrecker is being demonstrated for sale, and the dealer license
948
plates may not be used on a vehicle used to transport another
949
motor vehicle for the motor vehicle dealer.
950
Section 14. For the purpose of incorporating the amendment
951
made by this act to section 320.01, Florida Statutes, in
952
references thereto, paragraph (a) of subsection (4) and
953
subsection (9) of section 316.550, Florida Statutes, are
954
reenacted to read:
955
316.550 Operations not in conformity with law; special
956
permits.--
957
(4)(a) The Department of Transportation may issue a wrecker
958
special blanket permit to authorize a wrecker as defined in s.
960
where the combination of the wrecker and the disabled vehicle
961
being towed exceeds the maximum weight limits as established by
962
s. 316.535.
963
(9) Whenever any motor vehicle, or the combination of a
964
wrecker as defined in s. 320.01(40) and a towed motor vehicle,
965
exceeds any weight or dimensional criteria or special operational
966
or safety stipulation contained in a special permit issued under
967
the provisions of this section, the penalty assessed to the owner
968
or operator shall be as follows:
969
(a) For violation of weight criteria contained in a special
970
permit, the penalty per pound or portion thereof exceeding the
971
permitted weight shall be as provided in s. 316.545.
972
(b) For each violation of dimensional criteria in a special
973
permit, the penalty shall be as provided in s. 316.516 and
974
penalties for multiple violations of dimensional criteria shall
975
be cumulative except that the total penalty for the vehicle shall
976
not exceed $1,000.
977
(c) For each violation of an operational or safety
978
stipulation in a special permit, the penalty shall be an amount
979
not to exceed $1,000 per violation and penalties for multiple
980
violations of operational or safety stipulations shall be
981
cumulative except that the total penalty for the vehicle shall
982
not exceed $1,000.
983
(d) For violation of any special condition that has been
984
prescribed in the rules of the Department of Transportation and
985
declared on the permit, the vehicle shall be determined to be out
986
of conformance with the permit and the permit shall be declared
987
null and void for the vehicle, and weight and dimensional limits
988
for the vehicle shall be as established in s. 316.515 or s.
989
316.535, whichever is applicable, and:
990
1. For weight violations, a penalty as provided in s.
991
316.545 shall be assessed for those weights which exceed the
992
limits thus established for the vehicle; and
993
2. For dimensional, operational, or safety violations, a
994
penalty as established in paragraph (c) or s. 316.516, whichever
995
is applicable, shall be assessed for each nonconforming
996
dimensional, operational, or safety violation and the penalties
997
for multiple violations shall be cumulative for the vehicle.
998
Section 15. For the purpose of incorporating the amendment
999
made by this act to section 320.01, Florida Statutes, in
1000
references thereto, paragraphs (d) and (e) of subsection (5) of
1001
section 320.08, Florida Statutes, are reenacted to read:
1002
320.08 License taxes.--Except as otherwise provided herein,
1003
there are hereby levied and imposed annual license taxes for the
1004
operation of motor vehicles, mopeds, motorized bicycles as
1005
defined in s. 316.003(2), and mobile homes, as defined in s.
1006
320.01, which shall be paid to and collected by the department or
1007
its agent upon the registration or renewal of registration of the
1008
following:
1009
(5) SEMITRAILERS, FEES ACCORDING TO GROSS VEHICLE WEIGHT;
1010
SCHOOL BUSES; SPECIAL PURPOSE VEHICLES.--
1011
(d) A wrecker, as defined in s. 320.01(40), which is used
1012
to tow a vessel as defined in s. 327.02(39), a disabled,
1013
abandoned, stolen-recovered, or impounded motor vehicle as
1014
defined in s. 320.01(38), or a replacement motor vehicle as
1015
defined in s. 320.01(39): $30 flat.
1016
(e) A wrecker, as defined in s. 320.01(40), which is used
1017
to tow any motor vehicle, regardless of whether or not such motor
1018
vehicle is a disabled motor vehicle as defined in s. 320.01(38),
1019
a replacement motor vehicle as defined in s. 320.01(39), a vessel
1020
as defined in s. 327.02(39), or any other cargo, as follows:
1021
1. Gross vehicle weight of 10,000 pounds or more, but less
1022
than 15,000 pounds: $87 flat.
1023
2. Gross vehicle weight of 15,000 pounds or more, but less
1024
than 20,000 pounds: $131 flat.
1025
3. Gross vehicle weight of 20,000 pounds or more, but less
1026
than 26,000 pounds: $186 flat.
1027
4. Gross vehicle weight of 26,000 pounds or more, but less
1028
than 35,000 pounds: $240 flat.
1029
5. Gross vehicle weight of 35,000 pounds or more, but less
1030
than 44,000 pounds: $300 flat.
1031
6. Gross vehicle weight of 44,000 pounds or more, but less
1032
than 55,000 pounds: $572 flat.
1033
7. Gross vehicle weight of 55,000 pounds or more, but less
1034
than 62,000 pounds: $678 flat.
1035
8. Gross vehicle weight of 62,000 pounds or more, but less
1036
than 72,000 pounds: $800 flat.
1037
9. Gross vehicle weight of 72,000 pounds or more: $979
1038
flat.
1039
Section 16. Effective January 1, 2009, section 321.051,
1040
Florida Statutes, is amended to read:
1041
(Substantial rewording of section. See
1042
s. 321.051, F.S., for present text.)
1043
321.051 Florida Highway Patrol wrecker-allocation system;
1044
penalties for operation outside of system.--
1045
(1) As used in this section, the term:
1046
(a) "Authorized wrecker company" means a wrecker company
1047
designated by the division as part of its wrecker-allocation
1048
system.
1049
(b) "Division" means the Division of the Florida Highway
1050
Patrol within the Department of Highway Safety and Motor
1051
Vehicles.
1052
(c) "Unauthorized wrecker company" means a wrecker company
1053
not designated by the division as part of its wrecker-allocation
1054
system.
1055
(d) "Wrecker company" has the same meaning ascribed in s.
1056
508.101.
1057
(e) "Wrecker operator" has the same meaning ascribed in s.
1058
508.101.
1059
(f) "Wrecker services" has the same meaning ascribed in s.
1060
508.101.
1061
(2)(a) The division may establish within areas designated
1062
by the division a wrecker-allocation system, using qualified,
1063
reputable wrecker companies, for the removal from crash scenes
1064
and the storage of wrecked or disabled vehicles when the owner or
1065
operator is incapacitated or unavailable or leaves the
1066
procurement of wrecker services to the officer at the scene and
1067
for the removal and storage of abandoned vehicles.
1068
(b) The wrecker-allocation system may use only wrecker
1069
companies registered under chapter 508. Each reputable wrecker
1070
company registered under chapter 508 is eligible for use in the
1071
system if its equipment and wrecker operators meet the recognized
1072
safety qualifications and mechanical standards set by the
1073
division's rules for the size of vehicle they are designed to
1074
handle. The division may limit the number of wrecker companies
1075
participating in the wrecker-allocation system.
1076
(c) The division may establish maximum rates for the towing
1077
and storage of vehicles removed at the division's request if
1078
those rates are not established by a county or municipality under
1080
purpose of chapter 120; however, the Department of Highway Safety
1081
and Motor Vehicles shall adopt rules prescribing the procedures
1082
for setting these rates.
1083
(d) Notwithstanding chapter 120, a final order of the
1084
Department of Highway Safety and Motor Vehicles denying,
1085
suspending, or revoking a wrecker company's participation in the
1086
wrecker-allocation system may be appealed only in the manner and
1087
within the time provided by the Florida Rules of Appellate
1088
Procedure by a writ of certiorari issued by the circuit court in
1089
the county in which the wrecker company's primary place of
1090
business is located, as evidenced by the wrecker company's
1091
registration under chapter 508.
1092
(3)(a) An unauthorized wrecker company, its wrecker
1093
operators, or its other employees or agents may not monitor a
1094
police radio for communications between patrol field units and
1095
the dispatcher in order to determine the location of a wrecked or
1096
disabled vehicle for the purpose of dispatching its wrecker
1097
operator to drive by the scene of the vehicle in a manner
1098
described in paragraph (b) or paragraph (c). Any person who
1099
violates this paragraph commits a noncriminal violation,
1100
punishable as provided in s. 775.083.
1101
(b) Except as provided in paragraph (c), a wrecker operator
1102
dispatched by an unauthorized wrecker company who drives by the
1103
scene of a wrecked or disabled vehicle before the arrival of the
1104
wrecker operator dispatched by the authorized wrecker company may
1105
not initiate contact with the owner or operator of the vehicle by
1106
soliciting or offering wrecker services or tow the vehicle. Any
1107
person who violates this paragraph commits a misdemeanor of the
1108
second degree, punishable as provided in s. 775.082 or s.
1109
1110
(c) When a wrecker operator dispatched by an unauthorized
1111
wrecker company drives by the scene of a wrecked or disabled
1112
vehicle and the owner or operator initiates contact by signaling
1113
the wrecker operator to stop and provide wrecker services, the
1114
wrecker operator must disclose to the owner or operator of the
1115
vehicle that he or she was not dispatched by the authorized
1116
wrecker company designated as part of the wrecker-allocation
1117
system and must disclose, in writing, what charges for towing and
1118
storage will apply before the vehicle is connected to the towing
1119
apparatus. Any person who violates this paragraph commits a
1120
misdemeanor of the second degree, punishable as provided in s.
1122
(d) A wrecker operator may not falsely identify himself or
1123
herself as being part of, or as being employed by a wrecker
1124
company that is part of, the wrecker-allocation system at the
1125
scene of a wrecked or disabled vehicle. Any person who violates
1126
this paragraph commits a misdemeanor of the first degree,
1128
(4) This section does not prohibit or in any way prevent
1129
the owner or operator of a vehicle involved in a crash or
1130
otherwise disabled from contacting any wrecker company for the
1131
provision of wrecker services, regardless of whether the wrecker
1132
company is an authorized wrecker company. However, if a law
1133
enforcement officer determines that the disabled vehicle or
1134
vehicle cargo is a public safety hazard, the officer may, in the
1135
interest of public safety, dispatch an authorized wrecker company
1136
if the officer believes that the authorized wrecker company would
1137
arrive at the scene before the wrecker company requested by the
1138
owner or operator of the disabled vehicle or vehicle cargo.
1139
(5) A law enforcement officer may dispatch an authorized
1140
wrecker company out of rotation to the scene of a wrecked or
1141
disabled vehicle if the authorized wrecker company next on
1142
rotation is not equipped to provide the required wrecker services
1143
and the out-of-rotation authorized wrecker company is available
1144
with the required equipment. However, this subsection does not
1145
prohibit or prevent the owner or operator of a vehicle involved
1146
in a crash or otherwise disabled from contacting any wrecker
1147
company that is properly equipped to provide the required wrecker
1148
services, regardless of whether the wrecker company is an
1149
authorized wrecker company, unless the law enforcement officer
1150
determines that the wrecked or disabled vehicle or vehicle cargo
1151
is a public safety hazard and the officer believes that the
1152
authorized wrecker company would arrive at the scene before the
1153
wrecker company requested by the owner or operator.
1154
Section 17. Effective January 1, 2009, section 323.001,
1155
Florida Statutes, is amended to read:
1156
(Substantial rewording of section. See
1157
s. 323.001, F.S., for present text.)
1158
323.001 Wrecker company storage facilities; vehicle
1159
holds.--
1160
(1) As used in this section, the term:
1161
(a) "Business day" means a day other than a Saturday,
1162
Sunday, or federal or state legal holiday.
1163
(b) "Wrecker company" has the same meaning ascribed in s.
1164
508.101.
1165
(2) A law enforcement agency may place a hold on a motor
1166
vehicle stored within a wrecker company's storage facility for 5
1167
business days, thereby preventing a motor vehicle from being
1168
released to its owner.
1169
(3) To extend a hold beyond 5 business days, the law
1170
enforcement agency must notify the wrecker company in writing
1171
before the expiration of the 5 business days. If notification is
1172
not made within the 5 business days, the wrecker company must
1173
release the vehicle to the designated person under s. 713.78.
1174
(a) If the hold is extended beyond the 5 business days, the
1175
law enforcement agency may have the vehicle removed to a
1176
designated impound lot and the vehicle may not be released by the
1177
law enforcement agency to the owner or lienholder of the vehicle
1178
until proof of payment of the towing and storage charges incurred
1179
by the wrecker company is presented to the law enforcement
1180
agency.
1181
(b) If the law enforcement agency chooses to have the
1182
vehicle remain at the wrecker company's storage facility for more
1183
than 5 business days under the written notification, the law
1184
enforcement agency is responsible for paying the storage charges
1185
incurred by the wrecker company for the requested extended
1186
period. The owner or lienholder is responsible for paying the
1187
accrued towing and storage charges for the first 5 business days,
1188
or any period less than the first 5 business days, if the law
1189
enforcement agency moves the vehicle from the wrecker company's
1190
storage facility to a designated impound lot or provides written
1191
notification to extend the hold on the vehicle before the
1192
expiration of the 5 business days.
1193
(c) The towing and storage rates for the owner or
1194
lienholder of the held vehicle may not exceed the rates for the
1195
law enforcement agency.
1196
(4) If there is a judicial finding of no probable cause for
1197
having continued the immobilization or impoundment, the law
1198
enforcement agency ordering the hold must pay the accrued charges
1199
for any towing and storage.
1200
(5) The requirements for a written hold apply when:
1201
(a) The law enforcement officer has probable cause to
1202
believe that the vehicle should be seized and forfeited under the
1203
Florida Contraband Forfeiture Act, ss. 932.701-932.707;
1204
(b) The law enforcement officer has probable cause to
1205
believe that the vehicle should be seized and forfeited under
1206
chapter 370 or chapter 372;
1207
(c) The law enforcement officer has probable cause to
1208
believe that the vehicle was used as a means to commit a crime;
1209
(d) The law enforcement officer has probable cause to
1210
believe that the vehicle is itself evidence that a crime has been
1211
committed or that the vehicle contains evidence, which cannot
1212
readily be removed, that a crime has been committed;
1213
(e) The law enforcement officer has probable cause to
1214
believe that the vehicle was involved in a traffic accident
1215
resulting in death or personal injury and should be sealed for
1216
investigation and collection of evidence by a vehicular homicide
1217
investigator;
1218
(f) The vehicle is impounded or immobilized under s.
1220
(g) The law enforcement officer is complying with a court
1221
order.
1222
(6) The hold must be in writing and must specify:
1223
(a) The name and agency of the law enforcement officer
1224
placing the hold on the vehicle.
1225
(b) The date and time the hold is placed on the vehicle.
1226
(c) A general description of the vehicle, including its
1227
color, make, model, body style, and year; vehicle identification
1228
number; registration license plate number, state, and year; and
1229
validation sticker number, state, and year.
1230
(d) The specific reason for placing the hold.
1231
(e) The condition of the vehicle.
1232
(f) The location where the vehicle is being held.
1233
(g) The name, address, and telephone number of the wrecker
1234
company and the storage facility.
1235
(7) A wrecker company's storage facility must comply with a
1236
hold placed by a law enforcement officer, including instructions
1237
for inside or outside storage. A wrecker company's storage
1238
facility may not release a motor vehicle subject to a hold to any
1239
person except as directed by the law enforcement agency placing
1240
the hold.
1241
(8) When a vehicle owner is found guilty of, regardless of
1242
adjudication, or pleads nolo contendere to, the offense that
1243
resulted in a hold being placed on his or her vehicle, the owner
1244
must pay the accrued towing and storage charges assessed against
1245
the vehicle.
1246
Section 18. Effective January 1, 2009, section 323.002,
1247
Florida Statutes, is amended to read:
1248
(Substantial rewording of section. See
1249
s. 323.002, F.S., for present text.)
1250
323.002 County and municipal wrecker-allocation systems;
1251
penalties for operation outside of system.--
1252
(1) As used in this section, the term:
1253
(a) "Authorized wrecker company" means a wrecker company
1254
designated as part of the wrecker-allocation system established
1255
by the governmental unit having jurisdiction over the scene of a
1256
wrecked, disabled, or abandoned vehicle.
1257
(b) "Unauthorized wrecker company" means a wrecker company
1258
not designated as part of the wrecker-allocation system
1259
established by the governmental unit having jurisdiction over the
1260
scene of a wrecked, disabled, or abandoned vehicle.
1261
(c) "Wrecker-allocation system" means a system for the
1262
towing or removal of wrecked, disabled, or abandoned vehicles,
1263
similar to the Florida Highway Patrol wrecker-allocation system
1264
described in s. 321.051(2), under which a county or municipality
1265
contracts with one or more wrecker companies registered under
1266
chapter 508 for the towing or removal of wrecked, disabled, or
1267
abandoned vehicles from accident scenes, streets, or highways.
1268
Each wrecker-allocation system must use a method for apportioning
1269
the towing assignments among the eligible wrecker companies
1270
through the creation of geographic zones or a rotation schedule
1271
or a combination of geographic zones and a rotation schedule.
1272
(d) "Wrecker company" has the same meaning ascribed in s.
1273
508.101.
1274
(e) "Wrecker operator" has the same meaning ascribed in s.
1275
508.101.
1276
(f) "Wrecker services" has the same meaning ascribed in s.
1277
508.101.
1278
(2) In a county or municipality that operates a wrecker-
1279
allocation system:
1280
(a) The wrecker-allocation system may only use wrecker
1281
companies registered under chapter 508.
1282
(b) An unauthorized wrecker company, its wrecker operators,
1283
or its other employees or agents may not monitor a police radio
1284
for communications between patrol field units and the dispatcher
1285
in order to determine the location of a wrecked or disabled
1286
vehicle for the purpose of dispatching its wrecker operator to
1287
drive by the scene of the vehicle in a manner described in
1288
paragraph (c) or paragraph (d). Any person who violates this
1289
paragraph commits a noncriminal violation, punishable as provided
1290
in s. 775.083.
1291
(c) Except as provided in paragraph (d), a wrecker operator
1292
dispatched by an unauthorized wrecker company who drives by the
1293
scene of a wrecked or disabled vehicle before the arrival of the
1294
wrecker operator dispatched by the authorized wrecker company may
1295
not initiate contact with the owner or operator of the vehicle by
1296
soliciting or offering wrecker services or tow the vehicle. Any
1297
person who violates this paragraph commits a misdemeanor of the
1298
second degree, punishable as provided in s. 775.082 or s.
1299
1300
(d) When a wrecker operator dispatched by an unauthorized
1301
wrecker company drives by the scene of a wrecked or disabled
1302
vehicle and the owner or operator initiates contact by signaling
1303
the wrecker operator to stop and provide wrecker services, the
1304
wrecker operator must disclose to the owner or operator of the
1305
vehicle that he or she was not dispatched by the authorized
1306
wrecker company designated as part of the wrecker-allocation
1307
system and must disclose, in writing, what charges for towing and
1308
storage will apply before the vehicle is connected to the towing
1309
apparatus. Any person who violates this paragraph commits a
1310
misdemeanor of the second degree, punishable as provided in s.
1312
(e) A wrecker operator may not falsely identify himself or
1313
herself as being part of, or as being employed by a wrecker
1314
company that is part of, the wrecker-allocation system at the
1315
scene of a wrecked or disabled vehicle. Any person who violates
1316
this paragraph commits a misdemeanor of the first degree,
1318
(3) This section does not prohibit or in any way prevent
1319
the owner or operator of a vehicle involved in a crash or
1320
otherwise disabled from contacting any wrecker company for the
1321
provision of wrecker services, regardless of whether the wrecker
1322
company is an authorized wrecker company. If a law enforcement
1323
officer determines that the disabled vehicle or vehicle cargo is
1324
a public safety hazard, the officer may, in the interest of
1325
public safety, dispatch an authorized wrecker company if the
1326
officer believes that the authorized wrecker company would arrive
1327
at the scene before the wrecker company requested by the owner or
1328
operator of the disabled vehicle or vehicle cargo.
1329
(4) A law enforcement officer may dispatch an authorized
1330
wrecker company out of rotation to the scene of a wrecked or
1331
disabled vehicle if the authorized wrecker company next on
1332
rotation is not equipped to provide the required wrecker services
1333
and the out-of-rotation authorized wrecker company is available
1334
with the required equipment. However, this subsection does not
1335
prohibit or prevent the owner or operator of a vehicle involved
1336
in a crash or otherwise disabled from contacting any wrecker
1337
company that is properly equipped to provide the required wrecker
1338
services, regardless of whether the wrecker company is an
1339
authorized wrecker company, unless the law enforcement officer
1340
determines that the wrecked or disabled vehicle or vehicle cargo
1341
is a public safety hazard and the officer believes that the
1342
authorized wrecker company would arrive at the scene before the
1343
wrecker company requested by the owner or operator.
1344
Section 19. Effective January 1, 2009, section 713.78,
1345
Florida Statutes, is amended to read:
1346
713.78 Liens for recovering, towing, or storing vehicles
1347
and vessels.--
1348
(1) As used in For the purposes of this section, the term:
1349
(a) "Business day" means a day other than a Saturday,
1350
Sunday, or federal or state legal holiday.
1351
(b) "Property owner" has the same meaning ascribed in s.
1352
1353
(c)(a) "Vehicle" has the same meaning ascribed in s.
1354
508.101 means any mobile item, whether motorized or not, which is
1355
mounted on wheels.
1356
(d)(b) "Vessel" has the same meaning ascribed in s. 508.101
1357
means every description of watercraft, barge, and airboat used or
1358
capable of being used as a means of transportation on water,
1359
other than a seaplane or a "documented vessel" as defined in s.
1360
327.02(9).
1361
(e)(c) "Wrecker" has the same meaning ascribed in s. 320.01
1362
means any truck or other vehicle which is used to tow, carry, or
1363
otherwise transport motor vehicles or vessels upon the streets
1364
and highways of this state and which is equipped for that purpose
1365
with a boom, winch, car carrier, or other similar equipment.
1366
(f) "Wrecker company" has the same meaning ascribed in s.
1367
508.101.
1368
(g) "Wrecker operator" has the same meaning ascribed in s.
1369
508.101.
1370
(2) Whenever a wrecker company registered under chapter 508
1371
person regularly engaged in the business of transporting vehicles
1372
or vessels by wrecker, tow truck, or car carrier recovers,
1373
removes, or stores a vehicle or vessel upon instructions from:
1374
(a) The owner of the vehicle or vessel thereof;
1375
(b) The property owner or lessor, or a person authorized by
1376
the owner or lessor, of real property on which the such vehicle
1377
or vessel is wrongfully parked without permission, and the
1378
removal is done in compliance with s. 715.07; or
1379
(c) Any law enforcement agency,
1380
1381
the wrecker company has she or he shall have a lien on the
1382
vehicle or vessel for a reasonable towing fee and for a
1383
reasonable storage fee,; except that no storage fee shall be
1384
charged if the vehicle or vessel is stored for less than 6 hours.
1385
(3) This section does not authorize any person to claim a
1386
lien on a vehicle for fees or charges connected with the
1387
immobilization of the such vehicle using a vehicle boot or other
1388
similar device under pursuant to s. 715.07.
1389
(4)(a) Any wrecker company that person regularly engaged in
1390
the business of recovering, towing, or storing vehicles or
1391
vessels who comes into possession of a vehicle or vessel under
1392
pursuant to subsection (2), and who claims a lien for recovery,
1393
towing, or storage services, shall give notice to the registered
1394
owner, the insurance company insuring the vehicle notwithstanding
1395
the provisions of s. 627.736, and to all persons claiming a lien
1396
on the vehicle or vessel thereon, as disclosed by the records in
1397
the Department of Highway Safety and Motor Vehicles or of a
1398
corresponding agency in any other state.
1399
(b) Whenever a any law enforcement agency authorizes the
1400
removal of a vehicle or vessel or whenever a wrecker company any
1401
towing service, garage, repair shop, or automotive service,
1402
storage, or parking place notifies the law enforcement agency of
1403
possession of a vehicle or vessel under pursuant to s.
1404
715.07(2)(a)2., the applicable law enforcement agency shall
1405
contact the Department of Highway Safety and Motor Vehicles, or
1406
the appropriate agency of the state of registration, if known,
1407
within 24 hours through the medium of electronic communications,
1408
giving the full description of the vehicle or vessel. Upon
1409
receipt of the full description of the vehicle or vessel, the
1410
department shall search its files to determine the owner's name,
1411
the insurance company insuring the vehicle or vessel, and whether
1412
any person has filed a lien upon the vehicle or vessel as
1413
provided in s. 319.27(2) and (3) and notify the applicable law
1414
enforcement agency within 72 hours. The wrecker company person in
1415
charge of the towing service, garage, repair shop, or automotive
1416
service, storage, or parking place shall obtain that such
1417
information from the applicable law enforcement agency within 5
1418
days after the date of storage and shall give notice under
1419
pursuant to paragraph (a). The department may release the
1420
insurance company information to the requestor notwithstanding
1421
the provisions of s. 627.736.
1422
(c) Notice by certified mail, return receipt requested,
1423
shall be sent within 7 business days after the date of storage of
1424
the vehicle or vessel to the registered owner, the insurance
1425
company insuring the vehicle notwithstanding the provisions of s.
1426
627.736, and all persons of record claiming a lien against the
1427
vehicle or vessel. The notice It shall state the fact of
1428
possession of the vehicle or vessel and, that a lien as provided
1429
in subsection (2) is claimed, that charges have accrued and the
1430
amount of the charges thereof, that the lien is subject to
1431
enforcement under pursuant to law, and that the owner or
1432
lienholder, if any, has the right to a hearing as set forth in
1433
subsection (5), and that any vehicle or vessel that which remains
1434
unclaimed, or for which the charges for recovery, towing, or
1435
storage services remain unpaid, may be sold free of all prior
1436
liens after 35 days if the vehicle or vessel is more than 3 years
1437
of age or after 50 days if the vehicle or vessel is 3 years of
1438
age or less.
1439
(d) If the wrecker company is unable attempts to identify
1440
locate the name and address of the owner or lienholder prove
1441
unsuccessful, the wrecker company towing-storage operator shall,
1442
after 7 business working days following, excluding Saturday and
1443
Sunday, of the initial tow or storage, notify the public agency
1444
of jurisdiction in writing by certified mail or acknowledged hand
1445
delivery that the wrecker towing-storage company has been unable
1446
to identify locate the name and address of the owner or
1447
lienholder, and a physical search of the vehicle or vessel has
1448
disclosed no ownership information, and a good faith effort has
1449
been made. For purposes of this paragraph and subsection (9), the
1450
term "good faith effort" means that the following checks have
1451
been performed by the wrecker company to establish prior state of
1452
registration and for title:
1453
1. Check of vehicle or vessel for any type of tag, tag
1454
record, temporary tag, or regular tag.
1455
2. Check of law enforcement report for tag number or other
1456
information identifying the vehicle or vessel, if the vehicle or
1457
vessel was towed at the request of a law enforcement officer.
1458
3. Check of trip sheet or tow ticket of the wrecker tow
1459
truck operator to see if a tag was on vehicle or vessel at
1460
beginning of tow, if private tow.
1461
4. If there is no address of the owner on the impound
1462
report, check of law enforcement report to see if an out-of-state
1463
address is indicated from driver license information.
1464
5. Check of vehicle or vessel for inspection sticker or
1465
other stickers and decals that may indicate a state of possible
1466
registration.
1467
6. Check of the interior of the vehicle or vessel for any
1468
papers that may be in the glove box, trunk, or other areas for a
1469
state of registration.
1470
7. Check of vehicle for vehicle identification number.
1471
8. Check of vessel for vessel registration number.
1472
9. Check of vessel hull for a hull identification number,
1473
which should be carved, burned, stamped, embossed, or otherwise
1474
permanently affixed to the outboard side of the transom or, if
1475
there is no transom, to the outmost seaboard side at the end of
1476
the hull that bears the rudder or other steering mechanism.
1477
(5)(a) The owner of a vehicle or vessel removed under
1478
pursuant to the provisions of subsection (2), or any person
1479
claiming a lien, other than the wrecker company towing-storage
1480
operator, within 10 days after the time she or he has knowledge
1481
of the location of the vehicle or vessel, may file a complaint in
1482
the county court of the county in which the vehicle or vessel is
1483
stored or in which the owner resides to determine if her or his
1484
property was wrongfully taken or withheld from her or him.
1485
(b) Upon filing of a complaint, an owner or lienholder may
1486
have her or his vehicle or vessel released upon posting with the
1487
court a cash or surety bond or other adequate security equal to
1488
the amount of the charges for towing or storage and lot rental
1489
amount to ensure the payment of the such charges in the event she
1490
or he does not prevail. Upon the posting of the bond and the
1491
payment of the applicable fee set forth in s. 28.24, the clerk of
1492
the court shall issue a certificate notifying the lienor of the
1493
posting of the bond and directing the lienor to release the
1494
vehicle or vessel. At the time of the such release, after
1495
reasonable inspection, she or he shall give a receipt to the
1496
wrecker towing-storage company reciting any claims she or he has
1497
for loss or damage to the vehicle or vessel or to the contents of
1498
the vehicle or vessel thereof.
1499
(c) Upon determining the respective rights of the parties,
1500
the court shall may award damages, reasonable attorney's fees,
1501
and costs to in favor of the prevailing party. In any event, The
1502
final order shall require provide for immediate payment in full
1503
of the recovery, towing, and storage fees by the vehicle or
1504
vessel owner or lienholder,; by or the law enforcement agency
1505
ordering the tow,; or by the property owner, lessee, or agent
1506
thereof of the real property from which the vehicle or vessel was
1507
towed or removed under s. 715.07.
1508
(6) Any vehicle or vessel that which is stored under
1509
pursuant to subsection (2) and which remains unclaimed, or for
1510
which reasonable charges for recovery, towing, or storing remain
1511
unpaid, and any contents not released under pursuant to
1512
subsection (10), may be sold by the wrecker company owner or
1513
operator of the storage space for the such towing or storage
1514
charge after 35 days after from the time the vehicle or vessel is
1515
stored in the wrecker company's storage facility therein if the
1516
vehicle or vessel is more than 3 years of age or after 50 days
1517
after following the time the vehicle or vessel is stored in the
1518
wrecker company's storage facility therein if the vehicle or
1519
vessel is 3 years of age or less. The sale shall be at public
1520
auction for cash. If the date of the sale is was not included in
1521
the notice required in subsection (4), notice of the sale shall
1522
be given to the person in whose name the vehicle or vessel is
1523
registered and to all persons claiming a lien on the vehicle or
1524
vessel as shown on the records of the Department of Highway
1525
Safety and Motor Vehicles or of the corresponding agency in any
1526
other state. Notice shall be sent by certified mail, return
1527
receipt requested, to the owner of the vehicle or vessel and the
1528
person having the recorded lien on the vehicle or vessel at the
1529
address shown on the records of the registering agency and shall
1530
be mailed at least not less than 15 days before the date of the
1531
sale. After diligent search and inquiry, if the name and address
1532
of the registered owner or the owner of the recorded lien cannot
1533
be ascertained, the requirements of notice by mail may be
1534
dispensed with. In addition to the notice by mail, public notice
1535
of the time and place of sale shall be made by publishing a
1536
notice of the sale thereof one time, at least 10 days prior to
1537
the date of the sale, in a newspaper of general circulation in
1538
the county in which the sale is to be held. The proceeds of the
1539
sale, after payment of reasonable towing and storage charges, and
1540
costs of the sale, in that order of priority, shall be deposited
1541
with the clerk of the circuit court for the county if the owner
1542
is absent, and the clerk shall hold the such proceeds subject to
1543
the claim of the person legally entitled to those proceeds
1544
thereto. The clerk shall be entitled to receive 5 percent of the
1545
such proceeds for the care and disbursement of the proceeds
1546
thereof. The certificate of title issued under this section law
1547
shall be discharged of all liens unless otherwise provided by
1548
court order.
1549
(7)(a) A wrecker company, its wrecker operators, and other
1550
employees or agents of the wrecker company operator recovering,
1551
towing, or storing vehicles or vessels are is not liable for
1552
damages connected with those such services, theft of the such
1553
vehicles or vessels, or theft of personal property contained in
1554
the such vehicles or vessels if those, provided that such
1555
services are have been performed with reasonable care and
1556
provided, further, that, in the case of removal of a vehicle or
1557
vessel upon the request of a person purporting, and reasonably
1558
appearing, to be the property owner or lessee, or a person
1559
authorized by the owner or lessee, of the real property from
1560
which the such vehicle or vessel is removed, the such removal is
1561
has been done in compliance with s. 715.07. Further, a wrecker
1562
company, its wrecker operators, and other employees or agents of
1563
the wrecker company are operator is not liable for damage to a
1564
vehicle, a vessel, or cargo that obstructs the normal movement of
1565
traffic or creates a hazard to traffic and is removed in
1566
compliance with the request of a law enforcement officer.
1567
(b) For the purposes of this subsection, a wrecker company,
1568
its wrecker operators, and other employees or agents of the
1569
wrecker company are operator is presumed to use reasonable care
1570
to prevent the theft of a vehicle or vessel or of any personal
1571
property contained in the such vehicle or vessel stored in the
1572
wrecker company's operator's storage facility if all of the
1573
following apply:
1574
1. The wrecker company operator surrounds the storage
1575
facility with a chain-link or solid-wall type fence at least 6
1576
feet in height;
1577
2. The wrecker company illuminates operator has illuminated
1578
the storage facility with lighting of sufficient intensity to
1579
reveal persons and vehicles at a distance of at least 150 feet
1580
during nighttime; and
1581
3. The wrecker company operator uses one or more of the
1582
following security methods to discourage theft of vehicles or
1583
vessels or of any personal property contained in such vehicles or
1584
vessels stored in the wrecker company's operator's storage
1585
facility:
1586
a. A night dispatcher or watchman remains on duty at the
1587
storage facility from sunset to sunrise;
1588
b. A security dog remains at the storage facility from
1589
sunset to sunrise;
1590
c. Security cameras or other similar surveillance devices
1591
monitor the storage facility; or
1592
d. A security guard service examines the storage facility
1593
at least once each hour from sunset to sunrise.
1594
(c) Any law enforcement agency requesting that a motor
1595
vehicle be removed from an accident scene, street, or highway
1596
must conduct an inventory and prepare a written record of all
1597
personal property found in the vehicle before the vehicle is
1598
removed by a wrecker operator. However, if the owner or driver of
1599
the motor vehicle is present and accompanies the vehicle, an no
1600
inventory by law enforcement is not required. A wrecker company,
1601
its wrecker operators, and other employees or agents of the
1602
wrecker company are operator is not liable for the loss of
1603
personal property alleged to be contained in such a vehicle when
1604
the such personal property was not identified on the inventory
1605
record prepared by the law enforcement agency requesting the
1606
removal of the vehicle.
1607
(8) A wrecker company and its wrecker operators, excluding
1608
person regularly engaged in the business of recovering, towing,
1609
or storing vehicles or vessels, except a person licensed under
1610
chapter 493 while engaged in "repossession" activities as defined
1611
in s. 493.6101, may not operate a wrecker, tow truck, or car
1612
carrier unless the name, address, and telephone number of the
1613
wrecker company performing the wrecker services service is
1614
clearly printed in contrasting colors on the driver and passenger
1615
sides of the wrecker its vehicle. The name must be in at least 3-
1616
inch permanently affixed letters, and the address and telephone
1617
number must be in at least 1-inch permanently affixed letters.
1618
(9) Failure to make good faith, best efforts to comply with
1619
the notice requirements of this section precludes shall preclude
1620
the imposition of any storage charges against the such vehicle or
1621
vessel.
1622
(10) Each wrecker company that provides Persons who provide
1623
services under pursuant to this section shall permit vehicle or
1624
vessel owners or their agents, which agency is evidenced by an
1625
original writing acknowledged by the owner before a notary public
1626
or other person empowered by law to administer oaths, to inspect
1627
the towed vehicle or vessel and shall release to the owner or
1628
agent the vehicle, vessel, or all personal property not affixed
1629
to the vehicle or vessel that which was in the vehicle or vessel
1630
at the time the vehicle or vessel came into the custody of the
1631
wrecker company person providing those such services.
1632
(11)(a) A wrecker company that Any person regularly engaged
1633
in the business of recovering, towing, or storing vehicles or
1634
vessels who comes into possession of a vehicle or vessel pursuant
1635
to subsection (2) and complies who has complied with the
1636
provisions of subsections (3) and (6), when the such vehicle or
1637
vessel is to be sold for purposes of being dismantled, destroyed,
1638
or changed in such a manner that it is not the motor vehicle or
1639
vessel described in the certificate of title, must shall apply to
1640
the county tax collector for a certificate of destruction. A
1641
certificate of destruction, which authorizes the dismantling or
1642
destruction of the vehicle or vessel described on the certificate
1643
therein, is shall be reassignable no more than twice a maximum of
1644
two times before dismantling or destruction of the vehicle or
1645
vessel is shall be required, and, in lieu of a certificate of
1646
title, the certificate of destruction shall accompany the vehicle
1647
or vessel for which it is issued, when the such vehicle or vessel
1648
is sold for that purpose such purposes, in lieu of a certificate
1649
of title. The application for a certificate of destruction must
1650
include an affidavit from the applicant that it has complied with
1651
all applicable requirements of this section and, if the vehicle
1652
or vessel is not registered in this state, by a statement from a
1653
law enforcement officer that the vehicle or vessel is not
1654
reported stolen, and must also shall be accompanied by any other
1655
such documentation as may be required by the department.
1656
(b) The Department of Highway Safety and Motor Vehicles
1657
shall charge a fee of $3 for each certificate of destruction. A
1658
service charge of $4.25 shall be collected and retained by the
1659
tax collector who processes the application.
1660
(c) The Department of Highway Safety and Motor Vehicles may
1661
adopt such rules to administer as it deems necessary or proper
1662
for the administration of this subsection.
1663
(12)(a) Any person who violates any provision of subsection
1664
(1), subsection (2), subsection (4), subsection (5), subsection
1665
(6), or subsection (7) commits is guilty of a misdemeanor of the
1667
(b) Any person who violates subsection (8), subsection (9),
1668
subsection (10), or subsection (11) commits the provisions of
1669
subsections (8) through (11) is guilty of a felony of the third
1671
1672
(c) Any person who uses a false or fictitious name, gives a
1673
false or fictitious address, or makes any false statement in any
1674
application or affidavit required under the provisions of this
1675
section commits is guilty of a felony of the third degree,
1677
(d) Employees of the Department of Highway Safety and Motor
1678
Vehicles and law enforcement officers may are authorized to
1679
inspect the records of each wrecker company in this state any
1680
person regularly engaged in the business of recovering, towing,
1681
or storing vehicles or vessels or transporting vehicles or
1682
vessels by wrecker, tow truck, or car carrier, to ensure
1683
compliance with the requirements of this section. Any person who
1684
fails to maintain records, or fails to produce records when
1685
required in a reasonable manner and at a reasonable time, commits
1686
a misdemeanor of the first degree, punishable as provided in s.
1688
(13)(a) Upon receipt by the Department of Highway Safety
1689
and Motor Vehicles of written notice from a wrecker company that
1690
operator who claims a wrecker company's operator's lien under
1691
paragraph (2)(c) or paragraph (2)(d) for recovery, towing, or
1692
storage of an abandoned vehicle or vessel upon instructions from
1693
any law enforcement agency, for which a certificate of
1694
destruction has been issued under subsection (11), the department
1695
shall place the name of the registered owner of that vehicle or
1696
vessel on the list of those persons who may not be issued a
1697
license plate or revalidation sticker for any motor vehicle under
1698
s. 320.03(8). If the vehicle or vessel is owned jointly by more
1699
than one person, the name of each registered owner shall be
1700
placed on the list. The notice of wrecker company's operator's
1701
lien shall be submitted on forms provided by the department,
1702
which must include:
1703
1. The name, address, and telephone number of the wrecker
1704
company operator.
1705
2. The name of the registered owner of the vehicle or
1706
vessel and the address to which the wrecker company operator
1707
provided notice of the lien to the registered owner under
1708
subsection (4).
1709
3. A general description of the vehicle or vessel,
1710
including its color, make, model, body style, and year.
1711
4. The vehicle identification number (VIN); registration
1712
license plate number, state, and year; validation decal number,
1713
state, and year; vessel registration number; hull identification
1714
number; or other identification number, as applicable.
1715
5. The name of the person or the corresponding law
1716
enforcement agency that requested that the vehicle or vessel be
1717
recovered, towed, or stored.
1718
6. The amount of the wrecker company's operator's lien, not
1719
to exceed the amount allowed by paragraph (b).
1720
(b) For purposes of this subsection only, the amount of the
1721
wrecker company's operator's lien for which the department will
1722
prevent issuance of a license plate or revalidation sticker may
1723
not exceed the amount of the charges for recovery, towing, and
1724
storage of the vehicle or vessel for 7 days. These charges may
1725
not exceed the maximum rates imposed by the ordinances of the
1726
respective county or municipality under ss. 125.0103(1)(c) and
1727
166.043(1)(c). This paragraph does not limit the amount of a
1728
wrecker company's operator's lien claimed under subsection (2) or
1729
prevent a wrecker company operator from seeking civil remedies
1730
for enforcement of the entire amount of the lien, but limits only
1731
that portion of the lien for which the department will prevent
1732
issuance of a license plate or revalidation sticker.
1733
(c)1. The registered owner of a vehicle or vessel may
1734
dispute a wrecker company's operator's lien, by notifying the
1735
department of the dispute in writing on forms provided by the
1736
department, if at least one of the following applies:
1737
a. The registered owner presents a notarized bill of sale
1738
proving that the vehicle or vessel was sold in a private or
1739
casual sale before the vehicle or vessel was recovered, towed, or
1740
stored.
1741
b. The registered owner presents proof that the Florida
1742
certificate of title of the vehicle or vessel was sold to a
1743
licensed dealer as defined in s. 319.001 before the vehicle or
1744
vessel was recovered, towed, or stored.
1745
c. The records of the department were marked "sold" prior
1746
to the date of the tow.
1747
1748
If the registered owner's dispute of a wrecker company's
1749
operator's lien complies with one of these criteria, the
1750
department shall immediately remove the registered owner's name
1751
from the list of those persons who may not be issued a license
1752
plate or revalidation sticker for any motor vehicle under s.
1753
320.03(8), thereby allowing issuance of a license plate or
1754
revalidation sticker. If the vehicle or vessel is owned jointly
1755
by more than one person, each registered owner must dispute the
1756
wrecker company's operator's lien in order to be removed from the
1757
list. However, the department shall deny any dispute and maintain
1758
the registered owner's name on the list of those persons who may
1759
not be issued a license plate or revalidation sticker for any
1760
motor vehicle under s. 320.03(8) if the wrecker company operator
1761
has provided the department with a certified copy of the judgment
1762
of a court that which orders the registered owner to pay the
1763
wrecker company's operator's lien claimed under this section. In
1764
such a case, the amount of the wrecker company's operator's lien
1765
allowed by paragraph (b) may be increased to include no more than
1766
$500 of the reasonable costs and attorney's fees incurred in
1767
obtaining the judgment. The department's action under this
1768
subparagraph is ministerial in nature, shall not be considered
1769
final agency action, and is appealable only to the county court
1770
for the county in which the vehicle or vessel was ordered
1771
removed.
1772
2. A person against whom a wrecker company's operator's
1773
lien has been imposed may alternatively obtain a discharge of the
1774
lien by filing a complaint, challenging the validity of the lien
1775
or the amount of the lien thereof, in the county court of the
1776
county in which the vehicle or vessel was ordered removed. Upon
1777
filing of the complaint, the person may have her or his name
1778
removed from the list of those persons who may not be issued a
1779
license plate or revalidation sticker for any motor vehicle under
1780
s. 320.03(8), thereby allowing issuance of a license plate or
1781
revalidation sticker, upon posting with the court a cash or
1782
surety bond or other adequate security equal to the amount of the
1783
wrecker company's operator's lien to ensure the payment of such
1784
lien in the event she or he does not prevail. Upon the posting of
1785
the bond and the payment of the applicable fee set forth in s.
1786
28.24, the clerk of the court shall issue a certificate notifying
1787
the department of the posting of the bond and directing the
1788
department to release the wrecker company's operator's lien. Upon
1789
determining the respective rights of the parties, the court may
1790
award damages and costs in favor of the prevailing party.
1791
3. If a person against whom a wrecker company's operator's
1792
lien has been imposed does not object to the lien, but cannot
1793
discharge the lien by payment because the wrecker company
1794
operator has moved or gone out of business, the person may have
1795
her or his name removed from the list of those persons who may
1796
not be issued a license plate or revalidation sticker for any
1797
motor vehicle under s. 320.03(8), thereby allowing issuance of a
1798
license plate or revalidation sticker, upon posting with the
1799
clerk of court in the county in which the vehicle or vessel was
1800
ordered removed, a cash or surety bond or other adequate security
1801
equal to the amount of the wrecker company's operator's lien.
1802
Upon the posting of the bond and the payment of the application
1803
fee set forth in s. 28.24, the clerk of the court shall issue a
1804
certificate notifying the department of the posting of the bond
1805
and directing the department to release the wrecker company's
1806
operator's lien. The department shall mail to the wrecker company
1807
operator, at the address upon the lien form, notice that the
1808
wrecker company operator must claim the security within 60 days,
1809
or the security will be released back to the person who posted
1810
it. At the conclusion of the 60 days, the department shall direct
1811
the clerk as to which party is entitled to payment of the
1812
security, less applicable clerk's fees.
1813
4. A wrecker company's operator's lien expires 5 years
1814
after filing.
1815
(d) Upon discharge of the amount of the wrecker company's
1816
operator's lien allowed by paragraph (b), the wrecker company
1817
operator must issue a certificate of discharged wrecker company's
1818
operator's lien on forms provided by the department to each
1819
registered owner of the vehicle or vessel attesting that the
1820
amount of the wrecker company's operator's lien allowed by
1821
paragraph (b) has been discharged. Upon presentation of the
1822
certificate of discharged wrecker company's operator's lien by
1823
the registered owner, the department shall immediately remove the
1824
registered owner's name from the list of those persons who may
1825
not be issued a license plate or revalidation sticker for any
1826
motor vehicle under s. 320.03(8), thereby allowing issuance of a
1827
license plate or revalidation sticker. Issuance of a certificate
1828
of discharged wrecker company's operator's lien under this
1829
paragraph does not discharge the entire amount of the wrecker
1830
company's operator's lien claimed under subsection (2), but only
1831
certifies to the department that the amount of the wrecker
1832
company's operator's lien allowed by paragraph (b), for which the
1833
department will prevent issuance of a license plate or
1834
revalidation sticker, has been discharged.
1835
(e) When a wrecker company operator files a notice of
1836
wrecker company's operator's lien under this subsection, the
1837
department shall charge the wrecker company operator a fee of $2,
1838
which shall be deposited into the General Revenue Fund
1839
established under s. 860.158. A service charge of $2.50 shall be
1840
collected and retained by the tax collector who processes a
1841
notice of wrecker company's operator's lien.
1842
(f) This subsection applies only to the annual renewal in
1843
the registered owner's birth month of a motor vehicle
1844
registration and does not apply to the transfer of a registration
1845
of a motor vehicle sold by a motor vehicle dealer licensed under
1846
chapter 320, except for the transfer of registrations which is
1847
inclusive of the annual renewals. This subsection does not apply
1848
to any vehicle registered in the name of the lessor. This
1849
subsection does not affect the issuance of the title to a motor
1850
vehicle, notwithstanding s. 319.23(7)(b).
1851
(g) The Department of Highway Safety and Motor Vehicles may
1853
this subsection.
1854
Section 20. The amendments to section 713.78, Florida
1855
Statutes, made by this act do not affect the validity of liens
1856
established under section 713.78, Florida Statutes, before
1857
January 1, 2009.
1858
Section 21. Effective January 1, 2009, section 715.07,
1859
Florida Statutes, is amended to read:
1860
715.07 Vehicles or vessels parked on real private property
1861
without permission; towing.--
1862
(1) As used in this section, the term:
1863
(a) "Property owner" means an owner or lessee of real
1864
property, or a person authorized by the owner or lessee, which
1865
person may be the designated representative of the condominium
1866
association if the real property is a condominium.
1867
(b)(a) "Vehicle" has the same meaning ascribed in s.
1868
508.101 means any mobile item which normally uses wheels, whether
1869
motorized or not.
1870
(c)(b) "Vessel" has the same meaning ascribed in s. 508.101
1871
means every description of watercraft, barge, and airboat used or
1872
capable of being used as a means of transportation on water,
1873
other than a seaplane or a "documented vessel" as defined in s.
1874
327.02(9).
1875
(d) "Wrecker company" has the same meaning ascribed in s.
1876
508.101.
1877
(e) "Wrecker operator" has the same meaning ascribed in s.
1878
508.101.
1879
(2) A property owner The owner or lessee of real property,
1880
or any person authorized by the owner or lessee, which person may
1881
be the designated representative of the condominium association
1882
if the real property is a condominium, may cause a any vehicle or
1883
vessel parked on her or his such property without her or his
1884
permission to be removed by a wrecker company registered under
1885
chapter 508 person regularly engaged in the business of towing
1886
vehicles or vessels, without liability for the costs of removal,
1887
transportation, or storage or damages caused by the such removal,
1888
transportation, or storage, under any of the following
1889
circumstances:
1890
(a) The towing or removal of any vehicle or vessel from
1891
real private property without the consent of the registered owner
1892
or other legally authorized person in control of that vehicle or
1893
vessel is subject to strict compliance with the following
1894
conditions and restrictions:
1895
1.a. Any towed or removed vehicle or vessel must be stored
1896
at a storage facility site within a 10-mile radius of the point
1897
of removal in any county that has a population of 500,000
1898
population or more, and within a 15-mile radius of the point of
1899
removal in any county that has a population of fewer less than
1900
500,000 population. The wrecker company's storage facility That
1901
site must be open for the purpose of redemption of vehicles and
1902
vessels on any day that the wrecker company person or firm towing
1903
the such vehicle or vessel is open for towing purposes, from 8
1904
8:00 a.m. to 6 6:00 p.m., and, when closed, must shall have
1905
prominently posted a sign indicating a telephone number where the
1906
operator of the storage facility site can be reached at all
1907
times. Upon receipt of a telephoned request to open the storage
1908
facility site to redeem a vehicle or vessel, the operator shall
1909
return to the storage facility site within 1 hour or she or he is
1910
will be in violation of this section.
1911
b. If no wrecker company towing business providing such
1912
service is located within the area of towing limitations set
1913
forth in sub-subparagraph a., the following limitations apply:
1914
any towed or removed vehicle or vessel must be stored at a
1915
storage facility site within a 20-mile radius of the point of
1916
removal in any county that has a population of 500,000 population
1917
or more, and within a 30-mile radius of the point of removal in
1918
any county that has a population of fewer less than 500,000
1919
population.
1920
2. The wrecker company person or firm towing or removing
1921
the vehicle or vessel shall, within 30 minutes after completion
1922
of the such towing or removal, notify the municipal police
1923
department or, in an unincorporated area, the sheriff, of the
1924
such towing or removal, the location of the storage facility
1925
site, the time the vehicle or vessel was towed or removed, and
1926
the make, model, color, and license plate number of the vehicle
1927
or the make, model, color, and registration number of the vessel.
1928
The wrecker company or description and registration number of the
1929
vessel and shall also obtain the name of the person at the police
1930
that department or sheriff's office to whom such information is
1931
was reported and note that name on the trip record.
1932
3. A wrecker operator person in the process of towing or
1933
removing a vehicle or vessel from the premises or parking lot in
1934
which the vehicle or vessel is not lawfully parked without
1935
permission must stop when a person seeks the return of the
1936
vehicle or vessel. The vehicle or vessel must be returned upon
1937
the payment of a reasonable service fee of not more than one-half
1938
of the posted rate for the towing or removal service as provided
1939
in subparagraph 6. The vehicle or vessel may be towed or removed
1940
if, after a reasonable opportunity, the owner or legally
1941
authorized person in control of the vehicle or vessel is unable
1942
to pay the service fee or refuses to remove the vehicle or vessel
1943
that is parked without permission. If the vehicle or vessel is
1944
redeemed, a detailed signed receipt must be given to the person
1945
redeeming the vehicle or vessel.
1946
4. A wrecker company, a wrecker operator, or another
1947
employee or agent of a wrecker company person may not pay or
1948
accept money or other valuable consideration for the privilege of
1949
towing or removing vehicles or vessels from a particular
1950
location.
1951
5. Except for property appurtenant to and obviously a part
1952
of a single-family residence, and except for instances when
1953
notice is personally given to the owner or other legally
1954
authorized person in control of the vehicle or vessel that the
1955
area in which that vehicle or vessel is parked is reserved or
1956
otherwise unavailable for unauthorized vehicles or vessels and
1957
that the vehicle or vessel is subject to being removed at the
1958
owner's or operator's expense, any property owner or lessee, or
1959
person authorized by the property owner or lessee, before prior
1960
to towing or removing any vehicle or vessel from real private
1961
property without the consent of the owner or other legally
1962
authorized person in control of that vehicle or vessel, must post
1963
a notice meeting the following requirements:
1964
a. The notice must be prominently placed at each driveway
1965
access or curb cut allowing vehicular access to the property,
1966
within 5 feet from the public right-of-way line. If there are no
1967
curbs or access barriers, at least one sign the signs must be
1968
posted not less than one sign for each 25 feet of lot frontage.
1969
b. The notice must clearly indicate, in at least not less
1970
than 2-inch high, light-reflective letters on a contrasting
1971
background, that unauthorized vehicles will be towed away at the
1972
owner's expense. The words "tow-away zone" must be included on
1973
the sign in at least not less than 4-inch high letters.
1974
c. The notice must also provide the name and current
1975
telephone number of the wrecker company person or firm towing or
1976
removing the vehicles or vessels.
1977
d. The sign structure containing the required notices must
1978
be permanently installed with the words "tow-away zone" not less
1979
than 3 feet and not more than 6 feet above ground level and must
1980
be continuously maintained on the property for not less than 24
1981
hours prior to the towing or removal of any vehicles or vessels.
1982
e. The local government may require permitting and
1983
inspection of these signs prior to any towing or removal of
1984
vehicles or vessels being authorized.
1985
f. A business with 20 or fewer parking spaces satisfies the
1986
notice requirements of this subparagraph by prominently
1987
displaying a sign stating, "Reserved Parking for Customers Only.
1988
Unauthorized Vehicles or Vessels Will be Towed Away At the
1989
Owner's Expense," in at least not less than 4-inch high, light-
1990
reflective letters on a contrasting background.
1991
g. A property owner towing or removing vessels from real
1992
property must post notice, consistent with the requirements in
1993
sub-subparagraphs a.-f., which apply to vehicles, that
1994
unauthorized vehicles or vessels will be towed away at the
1995
owner's expense.
1996
1997
A business owner or lessee may authorize the removal of a vehicle
1998
or vessel by a wrecker towing company registered under chapter
1999
508 when no tow-away sign is posted if the vehicle or vessel is
2000
parked in such a manner that restricts the normal operation of
2001
business.; and If a vehicle or vessel parked on a public right-
2002
of-way obstructs access to a private driveway when no tow-away
2003
sign is posted, the owner or, lessee of the driveway, or the
2004
owner's or lessee's agent may have the vehicle or vessel removed
2005
by a wrecker towing company registered under chapter 508 upon
2006
signing an order that the vehicle or vessel be removed without a
2007
posted tow-away zone sign.
2008
6. Each wrecker company Any person or firm that tows or
2009
removes vehicles or vessels and proposes to require an owner,
2010
operator, or person in control of a vehicle or vessel to pay the
2011
costs of towing and storage prior to redemption of the vehicle or
2012
vessel must file and keep on record with the local law
2013
enforcement agency a complete copy of the current rates to be
2014
charged for the such services and post at the wrecker company's
2015
storage facility site an identical rate schedule and any written
2016
contracts with property owners, lessees, or persons in control of
2017
real property that which authorize the wrecker company such
2018
person or firm to remove vehicles or vessels as provided in this
2019
section.
2020
7. Each wrecker company Any person or firm towing or
2021
removing any vehicles or vessels from real private property
2022
without the consent of the owner or other legally authorized
2023
person in control of the vehicles or vessels shall, on each
2024
wrecker any trucks, wreckers as defined in s. 320.01 s.
2025
713.78(1)(c), or other vehicles used in the towing or removal,
2026
have the name, address, and telephone number of the wrecker
2027
company performing such service clearly printed in contrasting
2028
colors on the driver and passenger sides of the wrecker vehicle.
2029
The name must shall be in at least 3-inch permanently affixed
2030
letters, and the address and telephone number must shall be in at
2031
least 1-inch permanently affixed letters.
2032
8. Vehicle or vessel entry for the purpose of towing or
2033
removing the vehicle or vessel is shall be allowed with
2034
reasonable care on the part of the wrecker company and the
2035
wrecker operators person or firm towing the vehicle or vessel. A
2036
wrecker company, its wrecker operators, and other employees or
2037
agents of the wrecker company are not Such person or firm shall
2038
be liable for any damage occasioned to the vehicle or vessel if
2039
such entry into the vehicle or vessel is performed not in
2040
accordance with the standard of reasonable care.
2041
9. When a vehicle or vessel is has been towed or removed
2042
under pursuant to this section, the wrecker company it must
2043
release the vehicle or vessel be released to its owner or an
2044
agent of the owner custodian within one hour after requested. Any
2045
vehicle or vessel owner or the owner's agent has shall have the
2046
right to inspect the vehicle or vessel before accepting its
2047
return. A wrecker company may not require any vehicle or vessel
2048
owner, custodian, or agent to, and no release the wrecker company
2049
or waiver of any kind which would release the person or firm
2050
towing the vehicle or vessel from liability for damages noted by
2051
the owner or other legally authorized person at the time of the
2052
redemption may be required from any vehicle or vessel owner,
2053
custodian, or agent as a condition of release of the vehicle or
2054
vessel to its owner. A wrecker company must give a person paying
2055
towing and storage charges under this section a detailed, signed
2056
receipt showing the legal name of the wrecker company or person
2057
towing or removing the vehicle or vessel must be given to the
2058
person paying towing or storage charges at the time of payment,
2059
whether requested or not.
2060
(b) The These requirements of this subsection are minimum
2061
standards and do not preclude enactment of additional regulations
2062
by any municipality or county, including the regulation of right
2063
to regulate rates when vehicles or vessels are towed from real
2064
private property.
2065
(3) This section does not apply to vehicles or vessels that
2066
are reasonably identifiable from markings as law enforcement,
2067
firefighting, rescue squad, ambulance, or other emergency
2068
vehicles or vessels that are marked as such or to property owned
2069
by any governmental entity.
2070
(4) When a person improperly causes a vehicle or vessel to
2071
be removed, that such person is shall be liable to the owner or
2072
lessee of the vehicle or vessel for the cost of removal,
2073
transportation, and storage; any damages resulting from the
2074
removal, transportation, or storage of the vehicle or vessel;
2075
attorney's fees; and court costs.
2076
(5) Failure to make good faith efforts to comply with the
2077
notice requirements in subparagraph (2)(a)5. precludes the
2078
imposition of any towing or storage charges against the vehicle
2079
or vessel.
2080
(6)(5)(a) Any person who violates subparagraph (2)(a)2. or
2081
subparagraph (2)(a)6. commits a misdemeanor of the first degree,
2083
(b) Any person who violates subparagraph (2)(a)1.,
2084
subparagraph (2)(a)3., subparagraph (2)(a)4., subparagraph
2085
(2)(a)7., or subparagraph (2)(a)9. commits a felony of the third
2087
2088
Section 22. Effective January 1, 2009, subsection (15) of
2089
section 1.01, Florida Statutes, is repealed.
2090
Section 23. The sum of $693,000 is appropriated from the
2091
General Inspection Trust Fund to the Department of Agriculture
2092
and Consumer Services, and nine additional full-time equivalent
2093
positions are authorized, for the purpose of implementing this
2094
act during the 2008-2009 fiscal year.
2095
Section 24. Except as otherwise expressly provided in this
2096
act, this act shall take effect July 1, 2008.
CODING: Words stricken are deletions; words underlined are additions.