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

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relating to special wrecker permits and license taxes, to

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

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references thereto; amending s. 321.051, F.S.; revising

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provisions for the Florida Highway Patrol wrecker operator

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system; changing the designation to "wrecker-allocation

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system"; providing definitions; revising provisions that

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authorize the Division of the Florida Highway Patrol

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within the Department of Highway Safety and Motor Vehicles

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to establish the system; revising requirements for the

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system; limiting the system to using certain registered

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wrecker companies; revising eligibility requirements for

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wreckers; revising provisions for procedures for appeal of

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final orders by the department denying, suspending, or

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revoking eligibility to participate; prohibiting an

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unauthorized wrecker company and wrecker operators

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dispatched by an unauthorized company from engaging in

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certain activities; requiring those operators to disclose

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certain information to the owner or operator of a wrecked

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or disabled vehicle before towing; providing penalties;

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providing for a law enforcement officer to dispatch an

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authorized wrecker company other than a company requested

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by the vehicle owner or operator or to dispatch a company

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out of rotation; amending s. 323.001, F.S.; revising

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procedures for placement of a hold on a vehicle at a

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storage facility; providing for placement of a hold by a

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law enforcement agency; providing definitions; revising

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provisions for payment of towing and storage charges;

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revising rate-limitation provisions; amending s. 323.002,

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F.S.; revising provisions for county and municipal wrecker

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operator systems; changing the designation to "wrecker-

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allocation systems"; providing definitions; limiting the

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systems to using certain registered wrecker companies;

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prohibiting an unauthorized wrecker company and wrecker

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operators dispatched by an unauthorized company from

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engaging in certain activities; requiring those operators

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to disclose certain information to the owner or operator

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of a wrecked or disabled vehicle before towing; providing

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penalties; providing for a law enforcement officer to

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dispatch an authorized wrecker company other than a

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company requested by the vehicle owner or operator or to

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

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

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recovering, removing, or storing a vehicle or vessel;

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conforming provisions to changes made by the act;

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providing definitions; requiring notification to the

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vehicle or vessel owners, insurers, and lienholders;

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providing for a law enforcement agency to obtain

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information from the Department of Highway Safety and

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Motor Vehicles and provide the information to the wrecker

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company; providing notice procedures; providing for

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content of the notice; providing for notice to the agency

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of jurisdiction if the vehicle or vessel owner or

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lienholder cannot be identified; revising procedures for

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complaint by the vehicle or vessel owner; providing for

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release of the vehicle or vessel; requiring damages,

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

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requiring immediate payment of recovery, towing, and

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storage fees to be ordered by the court; providing for

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notice and sale of the vehicle or vessel by the wrecker

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company; providing for distribution of proceeds; providing

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for discharge of liens and issuance of certificate of

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title; providing immunity from liability for a wrecker

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company, its operators, and other employees or agents

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under certain conditions; providing for a presumption of

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the use of reasonable care; requiring wrecker company

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information to be printed on the wrecker; specifying that

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failure to make good-faith best efforts to comply with

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notice requirements precludes imposition of storage

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charges; requiring a wrecker company to provide access to

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the vehicle or vessel; requiring release of the vehicle,

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vessel, or personal property to the owner or agent of the

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owner; requiring the wrecker company to obtain a

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certificate of destruction in lieu of a certificate of

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title when the vehicle or vessel is to be dismantled,

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destroyed, or changed in such a manner that it is not the

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motor vehicle or vessel described in the certificate of

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title; providing for issuance of the certificate of

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destruction by the county tax collector; providing

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requirements for application for the certificate of

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destruction; providing for reassignment of the certificate

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of destruction; authorizing the Department of Highway

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Safety and Motor Vehicles to adopt rules; providing

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penalties for specified violations; authorizing the

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Department of Highway Safety and Motor Vehicles to inspect

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wrecker company records; directing the Department of

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Highway Safety and Motor Vehicles, upon notice of lien

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from a wrecker company, to place the name of the owner of

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the vehicle or vessel on the list of those persons who may

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not be issued a license plate or revalidation sticker for

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a motor vehicle; providing for forms for the notice of

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lien; providing for dispute by the owner; providing for

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the owner's name to be removed from the list of those

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persons who may not be issued a license plate or

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revalidation sticker for a motor vehicle; providing for

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lien expiration; requiring a certificate of discharge to

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be issued by the wrecker company; providing for certain

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fees and charges; providing for application and

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exceptions; clarifying that the amendments made by the act

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do not affect the validity of prior liens; amending s.

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715.07, F.S.; revising provisions for the towing and

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storage of vehicles and vessels parked on real property

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without permission; providing definitions; providing

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requirements for storage facility operation; providing

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requirements for a wrecker company, its operators, and

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other employees or agents; prohibiting a wrecker company,

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a wrecker operator, or another employee or agent of a

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wrecker company from paying or accepting payment for the

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privilege of removing vehicles or vessels from a

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particular location; revising requirements for tow-away

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signs to be posted by property owners; requiring a wrecker

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company to maintain rate schedules with the local law

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enforcement agency and to post rates and contracts at its

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storage facility; revising requirements for certain

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signage on a wrecker; providing immunity from liability

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for a wrecker company, its operators, and other employees

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or agents if entry into the vehicle or vessel is performed

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with reasonable care; revising provisions for release of

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the vehicle or vessel; providing that failure to comply

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with notice requirements precludes a wrecker company from

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imposing certain towing or storage charges; providing

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penalties; repealing s. 1.01(15), F.S., relating to the

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definition of the term "wrecker operator"; providing an

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appropriation and authorizing additional positions;

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providing 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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715.07.

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

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     508.105 Registration requirements; renewal of

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registrations.--

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     (1) Each wrecker company engaged or attempting to engage

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

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vehicles or vessels by wrecker upon the streets and highways of

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this state must annually register with the department on forms

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prescribed by the department. The application for registration

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must include at least the following information:

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     (a) The name and federal employer identification number of

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the wrecker company.

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

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number of the wrecker company's primary place of business.

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     (c) The fictitious name under which the wrecker company

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transacts business in this state.

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

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telephone number of the applicant. If the applicant is other than

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a natural person, the application must also contain the full

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name, residence address, business address, telephone number, and

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federal employer identification number, if applicable, of each

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ultimate equitable owner of the business entity and each officer,

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director, partner, manager, member, or managing member of the

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entity.

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

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

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address of the registered office for service of process.

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     (f) The physical address and telephone number of each

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business location and each storage facility where the wrecker

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company stores towed vehicles or vessels.

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     (2) Each initial and renewal application for registration

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must be accompanied by the registration fee prescribed in s.

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508.116.

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     (3) Each initial application for registration must be

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accompanied by a complete set of the applicant's fingerprints

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

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a natural person, a complete set of fingerprints must be filed

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for each ultimate equitable owner of the business entity and each

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officer, director, partner, manager, member, or managing member

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of the entity. The Department 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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559.901-559.9221, theft of a motor vehicle under s. 812.014,

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

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812.16, failure to maintain records of motor vehicle parts and

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accessories under s. 860.14, violations relating to airbags under

501

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

502

for repairs and parts under s. 860.15, or a violation of towing

503

or storage requirements for a motor vehicle under this chapter,

504

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

505

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

506

administrative or enforcement action brought by the department,

507

another governmental agency, or a private person based upon

508

conduct involving a violation of this chapter;

509

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

510

or enforcement proceeding in any jurisdiction based upon conduct

511

involving a violation of this chapter; or

512

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

513

brought by the department under this chapter.

514

     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.

658

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

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

812

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

813

775.084.

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

818

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

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

867

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

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.

959

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

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

1079

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

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

775.083.

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.

1121

775.082 or s. 775.083.

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,

1127

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

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.

1219

316.193 or s. 322.34; or

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

775.083.

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.

1311

775.082 or s. 775.083.

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,

1317

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

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

715.07.

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

1666

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

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

1670

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

1671

775.084.

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,

1676

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

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.

1687

775.082 or s. 775.083.

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

1852

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

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,

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Florida Statutes, is amended to read:

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     715.07 Vehicles or vessels parked on real private property

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without permission; towing.--

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

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     (a) "Property owner" means an owner or lessee of real

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property, or a person authorized by the owner or lessee, which

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person may be the designated representative of the condominium

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association if the real property is a condominium.

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

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508.101 means any mobile item which normally uses wheels, whether

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motorized or not.

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     (c)(b) "Vessel" has the same meaning ascribed in s. 508.101

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means every description of watercraft, barge, and airboat used or

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capable of being used as a means of transportation on water,

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other than a seaplane or a "documented vessel" as defined in s.

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327.02(9).

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

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508.101.

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

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508.101.

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     (2) A property owner The owner or lessee of real property,

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or any person authorized by the owner or lessee, which person may

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be the designated representative of the condominium association

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if the real property is a condominium, may cause a any vehicle or

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vessel parked on her or his such property without her or his

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permission to be removed by a wrecker company registered under

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chapter 508 person regularly engaged in the business of towing

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vehicles or vessels, without liability for the costs of removal,

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transportation, or storage or damages caused by the such removal,

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transportation, or storage, under any of the following

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circumstances:

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     (a)  The towing or removal of any vehicle or vessel from

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real private property without the consent of the registered owner

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or other legally authorized person in control of that vehicle or

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vessel is subject to strict compliance with the following

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conditions and restrictions:

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     1.a.  Any towed or removed vehicle or vessel must be stored

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at a storage facility site within a 10-mile radius of the point

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of removal in any county that has a population of 500,000

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population or more, and within a 15-mile radius of the point of

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removal in any county that has a population of fewer less than

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500,000 population. The wrecker company's storage facility That

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site must be open for the purpose of redemption of vehicles and

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vessels on any day that the wrecker company person or firm towing

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the such vehicle or vessel is open for towing purposes, from 8

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8:00 a.m. to 6 6:00 p.m., and, when closed, must shall have

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prominently posted a sign indicating a telephone number where the

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operator of the storage facility site can be reached at all

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times. Upon receipt of a telephoned request to open the storage

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facility site to redeem a vehicle or vessel, the operator shall

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return to the storage facility site within 1 hour or she or he is

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will be in violation of this section.

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     b. If no wrecker company towing business providing such

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service is located within the area of towing limitations set

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forth in sub-subparagraph a., the following limitations apply:

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any towed or removed vehicle or vessel must be stored at a

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storage facility site within a 20-mile radius of the point of

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removal in any county that has a population of 500,000 population

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or more, and within a 30-mile radius of the point of removal in

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any county that has a population of fewer less than 500,000

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population.

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     2. The wrecker company person or firm towing or removing

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the vehicle or vessel shall, within 30 minutes after completion

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of the such towing or removal, notify the municipal police

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department or, in an unincorporated area, the sheriff, of the

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such towing or removal, the location of the storage facility

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site, the time the vehicle or vessel was towed or removed, and

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the make, model, color, and license plate number of the vehicle

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or the make, model, color, and registration number of the vessel.

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The wrecker company or description and registration number of the

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vessel and shall also obtain the name of the person at the police

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that department or sheriff's office to whom such information is

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was reported and note that name on the trip record.

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     3. A wrecker operator person in the process of towing or

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removing a vehicle or vessel from the premises or parking lot in

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which the vehicle or vessel is not lawfully parked without

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permission must stop when a person seeks the return of the

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vehicle or vessel. The vehicle or vessel must be returned upon

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the payment of a reasonable service fee of not more than one-half

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of the posted rate for the towing or removal service as provided

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in subparagraph 6. The vehicle or vessel may be towed or removed

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if, after a reasonable opportunity, the owner or legally

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authorized person in control of the vehicle or vessel is unable

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to pay the service fee or refuses to remove the vehicle or vessel

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that is parked without permission. If the vehicle or vessel is

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redeemed, a detailed signed receipt must be given to the person

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redeeming the vehicle or vessel.

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     4. A wrecker company, a wrecker operator, or another

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employee or agent of a wrecker company person may not pay or

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accept money or other valuable consideration for the privilege of

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towing or removing vehicles or vessels from a particular

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location.

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     5.  Except for property appurtenant to and obviously a part

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of a single-family residence, and except for instances when

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notice is personally given to the owner or other legally

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authorized person in control of the vehicle or vessel that the

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area in which that vehicle or vessel is parked is reserved or

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otherwise unavailable for unauthorized vehicles or vessels and

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that the vehicle or vessel is subject to being removed at the

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owner's or operator's expense, any property owner or lessee, or

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person authorized by the property owner or lessee, before prior

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to towing or removing any vehicle or vessel from real private

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property without the consent of the owner or other legally

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authorized person in control of that vehicle or vessel, must post

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a notice meeting the following requirements:

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     a.  The notice must be prominently placed at each driveway

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access or curb cut allowing vehicular access to the property,

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within 5 feet from the public right-of-way line. If there are no

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curbs or access barriers, at least one sign the signs must be

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posted not less than one sign for each 25 feet of lot frontage.

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     b. The notice must clearly indicate, in at least not less

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than 2-inch high, light-reflective letters on a contrasting

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background, that unauthorized vehicles will be towed away at the

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owner's expense. The words "tow-away zone" must be included on

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the sign in at least not less than 4-inch high letters.

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     c.  The notice must also provide the name and current

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telephone number of the wrecker company person or firm towing or

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removing the vehicles or vessels.

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     d.  The sign structure containing the required notices must

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be permanently installed with the words "tow-away zone" not less

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than 3 feet and not more than 6 feet above ground level and must

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be continuously maintained on the property for not less than 24

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hours prior to the towing or removal of any vehicles or vessels.

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     e.  The local government may require permitting and

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inspection of these signs prior to any towing or removal of

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vehicles or vessels being authorized.

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     f.  A business with 20 or fewer parking spaces satisfies the

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notice requirements of this subparagraph by prominently

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displaying a sign stating, "Reserved Parking for Customers Only.

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Unauthorized Vehicles or Vessels Will be Towed Away At the

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Owner's Expense," in at least not less than 4-inch high, light-

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reflective letters on a contrasting background.

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     g. A property owner towing or removing vessels from real

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property must post notice, consistent with the requirements in

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sub-subparagraphs a.-f., which apply to vehicles, that

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unauthorized vehicles or vessels will be towed away at the

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owner's expense.

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A business owner or lessee may authorize the removal of a vehicle

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or vessel by a wrecker towing company registered under chapter

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508 when no tow-away sign is posted if the vehicle or vessel is

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parked in such a manner that restricts the normal operation of

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business.; and If a vehicle or vessel parked on a public right-

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of-way obstructs access to a private driveway when no tow-away

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sign is posted, the owner or, lessee of the driveway, or the

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owner's or lessee's agent may have the vehicle or vessel removed

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by a wrecker towing company registered under chapter 508 upon

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signing an order that the vehicle or vessel be removed without a

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posted tow-away zone sign.

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     6. Each wrecker company Any person or firm that tows or

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removes vehicles or vessels and proposes to require an owner,

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operator, or person in control of a vehicle or vessel to pay the

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costs of towing and storage prior to redemption of the vehicle or

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vessel must file and keep on record with the local law

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enforcement agency a complete copy of the current rates to be

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charged for the such services and post at the wrecker company's

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storage facility site an identical rate schedule and any written

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contracts with property owners, lessees, or persons in control of

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real property that which authorize the wrecker company such

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person or firm to remove vehicles or vessels as provided in this

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section.

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     7. Each wrecker company Any person or firm towing or

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removing any vehicles or vessels from real private property

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without the consent of the owner or other legally authorized

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person in control of the vehicles or vessels shall, on each

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wrecker any trucks, wreckers as defined in s. 320.01 s.

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713.78(1)(c), or other vehicles used in the towing or removal,

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have the name, address, and telephone number of the wrecker

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company performing such service clearly printed in contrasting

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colors on the driver and passenger sides of the wrecker vehicle.

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The name must shall be in at least 3-inch permanently affixed

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letters, and the address and telephone number must shall be in at

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least 1-inch permanently affixed letters.

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     8. Vehicle or vessel entry for the purpose of towing or

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removing the vehicle or vessel is shall be allowed with

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reasonable care on the part of the wrecker company and the

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wrecker operators person or firm towing the vehicle or vessel. A

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wrecker company, its wrecker operators, and other employees or

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agents of the wrecker company are not Such person or firm shall

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be liable for any damage occasioned to the vehicle or vessel if

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such entry into the vehicle or vessel is performed not in

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accordance with the standard of reasonable care.

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     9. When a vehicle or vessel is has been towed or removed

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under pursuant to this section, the wrecker company it must

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release the vehicle or vessel be released to its owner or an

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agent of the owner custodian within one hour after requested. Any

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vehicle or vessel owner or the owner's agent has shall have the

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right to inspect the vehicle or vessel before accepting its

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return. A wrecker company may not require any vehicle or vessel

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owner, custodian, or agent to, and no release the wrecker company

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or waiver of any kind which would release the person or firm

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towing the vehicle or vessel from liability for damages noted by

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the owner or other legally authorized person at the time of the

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redemption may be required from any vehicle or vessel owner,

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custodian, or agent as a condition of release of the vehicle or

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vessel to its owner. A wrecker company must give a person paying

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towing and storage charges under this section a detailed, signed

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receipt showing the legal name of the wrecker company or person

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towing or removing the vehicle or vessel must be given to the

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person paying towing or storage charges at the time of payment,

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whether requested or not.

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     (b) The These requirements of this subsection are minimum

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standards and do not preclude enactment of additional regulations

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by any municipality or county, including the regulation of right

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to regulate rates when vehicles or vessels are towed from real

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private property.

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     (3) This section does not apply to vehicles or vessels that

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are reasonably identifiable from markings as law enforcement,

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firefighting, rescue squad, ambulance, or other emergency

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vehicles or vessels that are marked as such or to property owned

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by any governmental entity.

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     (4)  When a person improperly causes a vehicle or vessel to

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be removed, that such person is shall be liable to the owner or

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lessee of the vehicle or vessel for the cost of removal,

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transportation, and storage; any damages resulting from the

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removal, transportation, or storage of the vehicle or vessel;

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attorney's fees; and court costs.

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     (5) Failure to make good faith efforts to comply with the

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notice requirements in subparagraph (2)(a)5. precludes the

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imposition of any towing or storage charges against the vehicle

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or vessel.

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     (6)(5)(a) Any person who violates subparagraph (2)(a)2. or

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subparagraph (2)(a)6. commits a misdemeanor of the first degree,

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

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     (b)  Any person who violates subparagraph (2)(a)1.,

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subparagraph (2)(a)3., subparagraph (2)(a)4., subparagraph

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(2)(a)7., or subparagraph (2)(a)9. commits a felony of the third

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

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775.084.

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     Section 22. Effective January 1, 2009, subsection (15) of

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section 1.01, Florida Statutes, is repealed.

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     Section 23. The sum of $693,000 is appropriated from the

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General Inspection Trust Fund to the Department of Agriculture

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and Consumer Services, and nine additional full-time equivalent

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positions are authorized, for the purpose of implementing this

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act during the 2008-2009 fiscal year.

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     Section 24.  Except as otherwise expressly provided in this

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act, this act shall take effect July 1, 2008.

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