Florida Senate - 2008 CS for CS for SB 672

By the Committees on Criminal Justice; Commerce; and Senator Crist

591-07897-08 2008672c2

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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 effective dates.

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Be It Enacted by the Legislature of the State of Florida:

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     Section 1.  Chapter 508, Florida Statutes, consisting of

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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 or business entity

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regularly engaged in the business of transporting mobile homes or

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any franchised motor vehicle dealer licensed under s. 320.27 if

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wrecker services are incidental to the operation of the

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franchise.

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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,

501

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

502

812.16, failure to maintain records of motor vehicle parts and

503

accessories under s. 860.14, violations relating to airbags under

504

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

505

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

506

or storage requirements for a motor vehicle under this chapter,

507

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

508

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

509

administrative or enforcement action brought by the department,

510

another governmental agency, or a private person based upon

511

conduct involving a violation of this chapter;

512

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

513

or enforcement proceeding in any jurisdiction based upon conduct

514

involving a violation of this chapter; or

515

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

516

brought by the department under this chapter.

517

     508.1061 Acceptable forms of payment.--A wrecker company

518

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

519

payment:

520

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

521

check.

522

     (2) Valid personal check, showing upon its face the name

523

and address of the vehicle or vessel owner or authorized

524

representative.

525

     (3) Valid credit card, including, but not limited to, Visa

526

or MasterCard.

527

     508.107 Wrecker operator certification program.--

528

     (1) The department, in consultation with the council, shall

529

establish a wrecker operator certification program by December

530

31, 2008. Under this program, the council shall approve

531

certification courses for wrecker operators conducted by approved

532

organizations. The council shall prescribe the minimum curricula

533

for these courses, which must comprise at least 16 hours, equally

534

apportioned between theoretical instruction and practical

535

training. The council must approve each organization and its

536

certification course before the course is accepted for

537

certification of wrecker operators under this chapter.

538

     (2) Each approved wrecker operator certification course

539

must include a certification examination demonstrating a wrecker

540

operator's knowledge, skills, and abilities in performing wrecker

541

services and proficiency in the subject matter of the

542

certification course. The council must approve each certification

543

examination before the examination is accepted for certification

544

of wrecker operators under this chapter.

545

     (3) Each organization conducting an approved wrecker

546

operator certification course must issue on forms prescribed by

547

the department a certificate to each wrecker operator who

548

completes the approved certification course and passes the

549

approved certification examination.

550

     508.108 Specialized wrecker services.--

551

     (1) In addition to the minimum curricula for certification

552

of wrecker operators, each approved certification course must

553

offer optional instruction, training, and examination of wrecker

554

operators for each of the following specialized wrecker services:

555

     (a) Light duty.--Towing and winching a passenger vehicle

556

and uprighting an overturned passenger vehicle, including the

557

proper use of chains, wire rope, and straps.

558

     (b) Medium duty.--Towing and winching a medium-sized

559

commercial vehicle and uprighting an overturned medium-sized

560

commercial vehicle.

561

     (c) Heavy duty.--Towing and winching a standard large-sized

562

commercial vehicle and uprighting an overturned standard large-

563

sized commercial vehicle.

564

     (d) Ultra-heavy duty.--Towing and winching a specialty

565

large-sized commercial vehicle or another complex vehicle and

566

uprighting an overturned specialty large-sized commercial vehicle

567

or another complex vehicle.

568

     (e) Rollback wrecker.--Proper loading, securing,

569

transporting, and unloading of a vehicle on a flatbed-rollback

570

wrecker.

571

     (f) Hazardous materials.--Awareness of hazardous materials.

572

Instruction and training for this wrecker service must comprise

573

at least 8 hours in order to be approved.

574

     (g) Air cushions.--Proper use of air cushions in the

575

recovery of a heavy-duty vehicle.

576

     (2) The department shall adopt rules prescribing specific

577

standards to further define each of the specialized wrecker

578

services described in subsection (1). The council must approve

579

the instruction, training, and examination for a specialized

580

wrecker service before the specialized wrecker service is

581

accepted for endorsement of a wrecker operator's certification

582

under this chapter.

583

     (3) Each organization conducting an approved wrecker

584

operator certification course must issue on forms prescribed by

585

the department a certificate to each wrecker operator who

586

completes the approved instruction and training for a specialized

587

wrecker service and passes the approved endorsement examination

588

for that specialized wrecker service.

589

     508.109 Certification cards.--

590

     (1) Each organization conducting an approved wrecker

591

operator certification course must issue a certification card to

592

each wrecker operator who completes the approved certification

593

course and passes the approved certification examination. The

594

department must approve the form of the certification cards

595

issued by each organization. Each certification card must include

596

the wrecker operator's name, a color photograph or digital image

597

of the wrecker operator, and the expiration date of the

598

certification card.

599

     (2) Each certification card must also include the wrecker

600

operator's applicable endorsements for those specialized wrecker

601

services for which the wrecker operator completed the approved

602

instruction and training and passed the approved endorsement

603

examination.

604

     (3)(a) The department may adopt rules governing the

605

issuance of a certification card to a wrecker operator who:

606

     1. Completes a certification course and passes a

607

certification examination in another state, which course and

608

examination are substantially equivalent to the approved

609

certification courses and approved certification examinations in

610

this state.

611

     2. Completed a certification course and passed a

612

certification examination in this state between January 1, 2003,

613

and December 31, 2008, which course and examination are

614

substantially equivalent to the approved certification courses

615

and the approved certification examinations. This subparagraph

616

expires July 1, 2009.

617

     3. Completed instruction and training for a specialized

618

wrecker service and passed an endorsement examination for that

619

specialized wrecker service between January 1, 2003, and December

620

31, 2008, which instruction, training, and examination are

621

substantially equivalent to the approved instruction and training

622

and the approved endorsement examinations. This subparagraph

623

expires July 1, 2009.

624

     (b) For the purposes of this subsection, the council shall

625

approve each certification examination in another state and shall

626

approve the instruction, training, and examination for each

627

specialized wrecker service in another state which the council

628

determines are substantially equivalent to the approved

629

certification courses and approved certification examinations in

630

this state or to the approved instruction, training, and

631

endorsement examinations for a specialized wrecker service in

632

this state.

633

     (4) Each certification card expires 5 years after the date

634

of issuance.

635

     (5) Certification cards shall be issued by the

636

organizations conducting approved wrecker operator certification

637

courses. The department is not responsible for issuing

638

certification cards or for the costs associated with the issuance

639

of certification cards.

640

     508.111 Renewal of certification; continuing education

641

requirements.--

642

     (1) The department, in consultation with the council, shall

643

establish a continuing education program for the recertification

644

of wrecker operators by December 31, 2009. In order to renew a

645

wrecker operator's certification card, an operator must complete

646

a continuing education course. The council must prescribe the

647

minimum curricula and proper examination for each continuing

648

education course, each of which must be at least 8 hours in

649

length. The council shall approve each organization, and the

650

continuing education course it proposes to offer, before the

651

course is approved for recertifying wrecker operators.

652

     (2) Each organization conducting an approved wrecker

653

operator continuing education course must issue, on forms

654

prescribed by the department, a certificate to each wrecker

655

operator who completes the approved course and passes an approved

656

recertification examination.

657

     508.112 Prohibited acts.--It is a violation of this chapter

658

for a person to:

659

     (1) Charge rates that exceed the maximum rates imposed by

660

the ordinances of the respective county or municipality under ss.

661

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

662

     (2) Violate s. 321.051, relating to the Florida Highway

663

Patrol wrecker-allocation system.

664

     (3) Violate s. 323.002, relating to county and municipal

665

wrecker-allocation systems.

666

     (4) Violate s. 713.78, relating to liens for recovering,

667

towing, or storing vehicles and vessels.

668

     (5) Violate s. 715.07, relating to towing or removing

669

vehicles and vessels parked on real property without permission.

670

     (6) Refuse to allow a law enforcement officer to inspect a

671

towing and storage facility as required in s. 812.055.

672

     (7) Allow a person who is not certified as a wrecker

673

operator under this chapter to perform wrecker services or

674

specialized wrecker services for the wrecker company for more

675

than 6 months after first being employed by, or becoming an

676

ultimate equitable owner of, the wrecker company.

677

     (8) Allow a wrecker operator certified under this chapter

678

to perform a specialized wrecker service for the wrecker company

679

if the wrecker operator's certification does not include an

680

endorsement for that specialized wrecker service.

681

     (9) Perform an act otherwise prohibited by this chapter or

682

fail to perform an act otherwise required by this chapter.

683

     508.113 Administrative penalties; inspection of records.--

684

     (1) The department may take one or more of the following

685

actions if the department finds that a person has violated this

686

chapter or the rules or orders issued under this chapter:

687

     (a) Issue a notice of noncompliance under s. 120.695.

688

     (b) Impose an administrative fine not to exceed $5,000 for

689

each act or omission.

690

     (c) Direct the person to cease and desist specified

691

activities.

692

     (d) Refuse to register the wrecker company or suspend or

693

revoke the wrecker company's registration.

694

     (e) Place the wrecker company on probation for a period of

695

time, subject to the conditions specified by the department.

696

     (2) Chapter 120 shall govern an administrative proceeding

697

resulting from an order imposing a penalty specified in

698

subsection (1).

699

     508.114 Civil penalties.--The department may bring a civil

700

action in a court of competent jurisdiction to recover any

701

penalties or damages allowed in this chapter and for injunctive

702

relief to enforce compliance with this chapter. The department

703

may seek a civil penalty of up to $5,000 for each violation of

704

this chapter and may seek restitution for and on behalf of any

705

owner of a vehicle or vessel who is aggrieved or injured by a

706

violation of this chapter.

707

     508.116 Fees.--

708

     (1) The department shall adopt by rule a fee schedule not

709

to exceed the following amounts:

710

     (a) Wrecker company registration fee: $495.

711

     (b) Wrecker company registration renewal fee: $495.

712

     (2) The department shall collect and maintain data relating

713

to the fees and shall review the fee amounts after the first 2

714

years of the registration program.

715

     508.117 General Inspection Trust Fund; payments.--All fees,

716

penalties, or other funds collected by the department under this

717

chapter must be deposited in the General Inspection Trust Fund

718

and may only be used for the purpose of administering this

719

chapter.

720

     508.118 Recovery agents; exemption.--This chapter does not

721

apply to a person licensed under chapter 493 performing

722

repossession services.

723

     508.119 County and municipal ordinances.--A county or

724

municipality may enact ordinances governing the business of

725

transporting vehicles or vessels by wrecker that are more

726

restrictive than this chapter. This section does not limit the

727

authority of a political subdivision to impose regulatory fees or

728

charges or to levy local business taxes under chapter 205. The

729

department may enter into a cooperative agreement with any county

730

or municipality that provides for the referral, investigation,

731

and prosecution of consumer complaints alleging violations of

732

this chapter. The department may delegate enforcement of this

733

chapter to any county or municipality entering into a cooperative

734

agreement.

735

     508.120 Records.--

736

     (1) Each wrecker company shall maintain records of its

737

wrecker services for at least 12 months. These records shall be

738

maintained at the wrecker company's principal place of business.

739

     (2) Each wrecker company shall maintain records on each of

740

its wrecker operators sufficient to demonstrate that the operator

741

has successfully completed an approved wrecker operator

742

certification course or an approved wrecker operator continuing

743

education course and is certified to perform wrecker services.

744

These records shall be maintained at the wrecker company's

745

principal place of business for as long as the operator is

746

employed by the wrecker company and for at least 6 months

747

thereafter.

748

     (3) Each organization approved to conduct a wrecker

749

operator certification course or approved to offer a wrecker

750

operator continuing education course shall maintain records on

751

each person who successfully completes one of the courses. The

752

records shall be maintained at the organization's principal place

753

of business for at least 5 years. The department may, at any time

754

during normal business hours, enter the organization's principal

755

place of business to examine the records.

756

     Section 2.  Effective January 1, 2009, section 508.104,

757

Florida Statutes, is created to read:

758

     508.104 Wrecker companies; registration required.--

759

     (1) A person may not own, operate, solicit business for,

760

advertise services for, or otherwise engage for hire in the

761

business of a wrecker company in this state unless that person is

762

registered with the department under this chapter.

763

     (2) A person applying for or renewing a local business tax

764

receipt to engage for hire in the business of a wrecker company

765

must exhibit a current registration certificate from the

766

department before the local business tax receipt may be issued or

767

reissued under chapter 205.

768

     (3) This section does not apply to a motor vehicle repair

769

shop registered with the department under s. 559.904 that derives

770

at least 80 percent of its gross sales from motor vehicle

771

repairs.

772

     Section 3.  Effective January 1, 2009, section 508.110,

773

Florida Statutes, is created to read:

774

     508.110 Wrecker operators; certification required;

775

inspection of employment records.--

776

     (1) A person may not perform wrecker services in this state

777

unless he or she is an employee or ultimate equitable owner of a

778

wrecker company that is registered with the department under this

779

chapter and those wrecker services are performed on behalf of the

780

wrecker company.

781

     (2)(a) A person may not perform wrecker services or

782

specialized wrecker services for a wrecker company for more than

783

6 months after first being employed by, or becoming an ultimate

784

equitable owner of, the wrecker company without being certified

785

as a wrecker operator under this chapter.

786

     (b) A wrecker operator certified under this chapter may not

787

perform a specialized wrecker service for a wrecker company

788

unless the wrecker operator's certification includes an

789

endorsement for that specialized wrecker service.

790

     (3)(a) Notwithstanding subsections (1) and (2), a person

791

may perform wrecker services or specialized wrecker services in

792

this state if he or she is an employee or ultimate equitable

793

owner of a motor vehicle repair shop registered with the

794

department under s. 559.904 and those wrecker services or

795

specialized wrecker services are performed on behalf of the motor

796

vehicle repair shop.

797

     (b) Notwithstanding subsections (1) and (2), a person may

798

perform wrecker services or specialized wrecker services in this

799

state if those wrecker services or specialized wrecker services

800

are performed on behalf of a religious organization that holds a

801

current exemption from federal taxation or that is not required

802

to apply for recognition of its exemption under s. 501 of the

803

Internal Revenue Code.

804

     (4) The department may, at any time during business hours,

805

enter any business location of a wrecker company and examine the

806

company's books or records. If the department reasonably believes

807

a violation of this chapter has occurred or is occurring, the

808

department may subpoena any necessary books or records.

809

     Section 4.  Effective July 1, 2009, section 508.115, Florida

810

Statutes, is created to read:

811

     508.115 Criminal penalties.--

812

     (1) A person who violates s. 508.104(1) by operating a

813

wrecker company in this state without being registered with the

814

department under this chapter commits a felony of the third

815

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

816

775.084.

817

     (2) A person who violates s. 508.110(1) by performing

818

wrecker services in this state without being an employee or

819

ultimate equitable owner of a wrecker company that is registered

820

with the department under this chapter commits a felony of the

821

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

822

or s. 775.084.

823

     Section 5.  Effective January 1, 2009, paragraph (b) of

824

subsection (8) of section 120.80, Florida Statutes, is amended to

825

read:

826

     120.80  Exceptions and special requirements; agencies.--

827

     (8)  DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES.--

828

     (b) Wrecker companies operators.--Notwithstanding s.

829

120.57(1)(a), hearings held by the Division of the Florida

830

Highway Patrol of the Department of Highway Safety and Motor

831

Vehicles to deny, suspend, or remove a wrecker company operator

832

from participating in the wrecker-allocation wrecker rotation

833

system established under by s. 321.051 need not be conducted by

834

an administrative law judge assigned by the division. These

835

hearings shall be held by a hearing officer appointed by the

836

director of the Division of the Florida Highway Patrol.

837

     Section 6.  Effective January 1, 2009, section 205.1977,

838

Florida Statutes, is created to read:

839

     205.1977 Wrecker companies; consumer protection.--A county

840

or municipality may not issue or renew a business tax receipt for

841

the operation of a wrecker company under chapter 508 unless the

842

wrecker company exhibits a current registration from the

843

Department of Agriculture and Consumer Services.

844

     Section 7.  Subsection (3) of section 316.530, Florida

845

Statutes, is amended to read:

846

     316.530  Towing requirements.--

847

     (3)  Whenever a motor vehicle becomes disabled upon the

848

highways of this state and a wrecker or tow truck is required to

849

remove it to a repair shop or other appropriate location, if the

850

combined weights of those two vehicles and the loads thereon

851

exceed the maximum allowable weights as established by s.

852

316.535, no penalty shall be assessed either vehicle or driver.

853

However, this exception shall not apply to the load limits for

854

bridges and culverts established by the department as provided in

855

s. 316.555.

856

     Section 8.  Subsection (40) of section 320.01, Florida

857

Statutes, is amended to read:

858

     320.01  Definitions, general.--As used in the Florida

859

Statutes, except as otherwise provided, the term:

860

     (40) "Wrecker" means a tow truck or other any motor vehicle

861

that is used to tow, carry, or otherwise transport motor vehicles

862

or vessels upon the streets and highways of this state and that

863

is equipped for that purpose with a boom, winch, car carrier, or

864

other similar equipment.

865

     Section 9.  Effective January 1, 2009, subsection (8) of

866

section 320.03, Florida Statutes, is amended to read:

867

     320.03  Registration; duties of tax collectors;

868

International Registration Plan.--

869

     (8)  If the applicant's name appears on the list referred to

870

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

871

plate or revalidation sticker may not be issued until that

872

person's name no longer appears on the list or until the person

873

presents a receipt from the clerk showing that the fines

874

outstanding have been paid. This subsection does not apply to the

875

owner of a leased vehicle if the vehicle is registered in the

876

name of the lessee of the vehicle. The tax collector and the

877

clerk of the court are each entitled to receive monthly, as costs

878

for implementing and administering this subsection, 10 percent of

879

the civil penalties and fines recovered from such persons. As

880

used in this subsection, the term "civil penalties and fines"

881

does not include a wrecker company's operator's lien as described

882

in s. 713.78(13). If the tax collector has private tag agents,

883

such tag agents are entitled to receive a pro rata share of the

884

amount paid to the tax collector, based upon the percentage of

885

license plates and revalidation stickers issued by the tag agent

886

compared to the total issued within the county. The authority of

887

any private agent to issue license plates shall be revoked, after

888

notice and a hearing as provided in chapter 120, if he or she

889

issues any license plate or revalidation sticker contrary to the

890

provisions of this subsection. This section applies only to the

891

annual renewal in the owner's birth month of a motor vehicle

892

registration and does not apply to the transfer of a registration

893

of a motor vehicle sold by a motor vehicle dealer licensed under

894

this chapter, except for the transfer of registrations which is

895

inclusive of the annual renewals. This section does not affect

896

the issuance of the title to a motor vehicle, notwithstanding s.

897

319.23(7)(b).

898

     Section 10.  Section 320.0706, Florida Statutes, is amended

899

to read:

900

     320.0706  Display of license plates on trucks.--The owner of

901

any commercial truck of gross vehicle weight of 26,001 pounds or

902

more shall display the registration license plate on both the

903

front and rear of the truck in conformance with all the

904

requirements of s. 316.605 that do not conflict with this

905

section. The owner of a dump truck may place the rear license

906

plate on the gate no higher than 60 inches to allow for better

907

visibility. However, the owner of a truck tractor or a wrecker

908

must shall be required to display the registration license plate

909

only on the front of such vehicle.

910

     Section 11.  Subsection (1) of section 320.0821, Florida

911

Statutes, is amended, and subsection (5) is added to that

912

section, to read:

913

     320.0821  Wrecker license plates.--

914

     (1) The department shall issue one a wrecker license plate,

915

regardless of gross vehicle weight, to the owner of any motor

916

vehicle that is used to tow, carry, or otherwise transport motor

917

vehicles or vessels upon the streets and highways of this state

918

and that is equipped for that purpose with a boom, winch,

919

carrier, or other similar equipment, except a motor vehicle

920

registered under the International Registration Plan, upon

921

application and payment of the appropriate license tax and fees

922

in accordance with s. 320.08(5)(d) or (e).

923

     (5) A wrecker license plate must be displayed on the front

924

of such vehicle.

925

     Section 12.  Effective January 1, 2009, subsection (1) of

926

section 320.0821, Florida Statutes, as amended by this act, is

927

amended to read:

928

     320.0821  Wrecker license plates.--

929

     (1)  The department shall issue a wrecker license plate

930

regardless of gross vehicle weight, to the owner of a wrecker any

931

motor vehicle that is used to tow, carry, or otherwise transport

932

motor vehicles and that is equipped for that purpose with a boom,

933

winch, carrier, or other similar equipment, except a motor

934

vehicle registered under the International Registration Plan,

935

upon application and payment of the appropriate license tax and

936

fees in accordance with s. 320.08(5)(d) or (e).

937

     Section 13.  Paragraph (a) of subsection (1) of section

938

320.13, Florida Statutes, is amended to read:

939

     320.13  Dealer and manufacturer license plates and

940

alternative method of registration.--

941

     (1)(a)  Any licensed motor vehicle dealer and any licensed

942

mobile home dealer may, upon payment of the license tax imposed

943

by s. 320.08(12), secure one or more dealer license plates, which

944

are valid for use on motor vehicles or mobile homes owned by the

945

dealer to whom such plates are issued while the motor vehicles

946

are in inventory and for sale, or while being operated in

947

connection with such dealer's business, but are not valid for use

948

for hire. Dealer license plates may not be used on any tow truck

949

or wrecker as defined in s. 320.01 unless the tow truck or

950

wrecker is being demonstrated for sale, and the dealer license

951

plates may not be used on a vehicle used to transport another

952

motor vehicle for the motor vehicle dealer.

953

     Section 14.  For the purpose of incorporating the amendment

954

made by this act to section 320.01, Florida Statutes, in

955

references thereto, paragraph (a) of subsection (4) and

956

subsection (9) of section 316.550, Florida Statutes, are

957

reenacted to read:

958

     316.550  Operations not in conformity with law; special

959

permits.--

960

     (4)(a)  The Department of Transportation may issue a wrecker

961

special blanket permit to authorize a wrecker as defined in s.

962

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

963

where the combination of the wrecker and the disabled vehicle

964

being towed exceeds the maximum weight limits as established by

965

s. 316.535.

966

     (9)  Whenever any motor vehicle, or the combination of a

967

wrecker as defined in s. 320.01(40) and a towed motor vehicle,

968

exceeds any weight or dimensional criteria or special operational

969

or safety stipulation contained in a special permit issued under

970

the provisions of this section, the penalty assessed to the owner

971

or operator shall be as follows:

972

     (a)  For violation of weight criteria contained in a special

973

permit, the penalty per pound or portion thereof exceeding the

974

permitted weight shall be as provided in s. 316.545.

975

     (b)  For each violation of dimensional criteria in a special

976

permit, the penalty shall be as provided in s. 316.516 and

977

penalties for multiple violations of dimensional criteria shall

978

be cumulative except that the total penalty for the vehicle shall

979

not exceed $1,000.

980

     (c)  For each violation of an operational or safety

981

stipulation in a special permit, the penalty shall be an amount

982

not to exceed $1,000 per violation and penalties for multiple

983

violations of operational or safety stipulations shall be

984

cumulative except that the total penalty for the vehicle shall

985

not exceed $1,000.

986

     (d)  For violation of any special condition that has been

987

prescribed in the rules of the Department of Transportation and

988

declared on the permit, the vehicle shall be determined to be out

989

of conformance with the permit and the permit shall be declared

990

null and void for the vehicle, and weight and dimensional limits

991

for the vehicle shall be as established in s. 316.515 or s.

992

316.535, whichever is applicable, and:

993

     1.  For weight violations, a penalty as provided in s.

994

316.545 shall be assessed for those weights which exceed the

995

limits thus established for the vehicle; and

996

     2.  For dimensional, operational, or safety violations, a

997

penalty as established in paragraph (c) or s. 316.516, whichever

998

is applicable, shall be assessed for each nonconforming

999

dimensional, operational, or safety violation and the penalties

1000

for multiple violations shall be cumulative for the vehicle.

1001

     Section 15.  For the purpose of incorporating the amendment

1002

made by this act to section 320.01, Florida Statutes, in

1003

references thereto, paragraphs (d) and (e) of subsection (5) of

1004

section 320.08, Florida Statutes, are reenacted to read:

1005

     320.08  License taxes.--Except as otherwise provided herein,

1006

there are hereby levied and imposed annual license taxes for the

1007

operation of motor vehicles, mopeds, motorized bicycles as

1008

defined in s. 316.003(2), and mobile homes, as defined in s.

1009

320.01, which shall be paid to and collected by the department or

1010

its agent upon the registration or renewal of registration of the

1011

following:

1012

     (5)  SEMITRAILERS, FEES ACCORDING TO GROSS VEHICLE WEIGHT;

1013

SCHOOL BUSES; SPECIAL PURPOSE VEHICLES.--

1014

     (d)  A wrecker, as defined in s. 320.01(40), which is used

1015

to tow a vessel as defined in s. 327.02(39), a disabled,

1016

abandoned, stolen-recovered, or impounded motor vehicle as

1017

defined in s. 320.01(38), or a replacement motor vehicle as

1018

defined in s. 320.01(39): $30 flat.

1019

     (e)  A wrecker, as defined in s. 320.01(40), which is used

1020

to tow any motor vehicle, regardless of whether or not such motor

1021

vehicle is a disabled motor vehicle as defined in s. 320.01(38),

1022

a replacement motor vehicle as defined in s. 320.01(39), a vessel

1023

as defined in s. 327.02(39), or any other cargo, as follows:

1024

     1.  Gross vehicle weight of 10,000 pounds or more, but less

1025

than 15,000 pounds: $87 flat.

1026

     2.  Gross vehicle weight of 15,000 pounds or more, but less

1027

than 20,000 pounds: $131 flat.

1028

     3.  Gross vehicle weight of 20,000 pounds or more, but less

1029

than 26,000 pounds: $186 flat.

1030

     4.  Gross vehicle weight of 26,000 pounds or more, but less

1031

than 35,000 pounds: $240 flat.

1032

     5.  Gross vehicle weight of 35,000 pounds or more, but less

1033

than 44,000 pounds: $300 flat.

1034

     6.  Gross vehicle weight of 44,000 pounds or more, but less

1035

than 55,000 pounds: $572 flat.

1036

     7.  Gross vehicle weight of 55,000 pounds or more, but less

1037

than 62,000 pounds: $678 flat.

1038

     8.  Gross vehicle weight of 62,000 pounds or more, but less

1039

than 72,000 pounds: $800 flat.

1040

     9.  Gross vehicle weight of 72,000 pounds or more: $979

1041

flat.

1042

     Section 16.  Effective January 1, 2009, section 321.051,

1043

Florida Statutes, is amended to read:

1044

     (Substantial rewording of section. See

1045

      s. 321.051, F.S., for present text.)

1046

     321.051 Florida Highway Patrol wrecker-allocation system;

1047

penalties for operation outside of system.--

1048

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

1049

     (a) "Authorized wrecker company" means a wrecker company

1050

designated by the division as part of its wrecker-allocation

1051

system.

1052

     (b) "Division" means the Division of the Florida Highway

1053

Patrol within the Department of Highway Safety and Motor

1054

Vehicles.

1055

     (c) "Unauthorized wrecker company" means a wrecker company

1056

not designated by the division as part of its wrecker-allocation

1057

system.

1058

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

1059

508.101.

1060

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

1061

508.101.

1062

     (f) "Wrecker services" has the same meaning ascribed in s.

1063

508.101.

1064

     (2)(a) The division may establish within areas designated

1065

by the division a wrecker-allocation system, using qualified,

1066

reputable wrecker companies, for the removal from crash scenes

1067

and the storage of wrecked or disabled vehicles when the owner or

1068

operator is incapacitated or unavailable or leaves the

1069

procurement of wrecker services to the officer at the scene and

1070

for the removal and storage of abandoned vehicles.

1071

     (b) The wrecker-allocation system may use only wrecker

1072

companies registered under chapter 508. Each reputable wrecker

1073

company registered under chapter 508 is eligible for use in the

1074

system if its equipment and wrecker operators meet the recognized

1075

safety qualifications and mechanical standards set by the

1076

division's rules for the size of vehicle they are designed to

1077

handle. The division may limit the number of wrecker companies

1078

participating in the wrecker-allocation system.

1079

     (c) The division may establish maximum rates for the towing

1080

and storage of vehicles removed at the division's request if

1081

those rates are not established by a county or municipality under

1082

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

1083

purpose of chapter 120; however, the Department of Highway Safety

1084

and Motor Vehicles shall adopt rules prescribing the procedures

1085

for setting these rates.

1086

     (d) Notwithstanding chapter 120, a final order of the

1087

Department of Highway Safety and Motor Vehicles denying,

1088

suspending, or revoking a wrecker company's participation in the

1089

wrecker-allocation system may be appealed only in the manner and

1090

within the time provided by the Florida Rules of Appellate

1091

Procedure by a writ of certiorari issued by the circuit court in

1092

the county in which the wrecker company's primary place of

1093

business is located, as evidenced by the wrecker company's

1094

registration under chapter 508.

1095

     (3)(a) An unauthorized wrecker company, its wrecker

1096

operators, or its other employees or agents may not monitor a

1097

police radio for communications between patrol field units and

1098

the dispatcher in order to determine the location of a wrecked or

1099

disabled vehicle for the purpose of dispatching its wrecker

1100

operator to drive by the scene of the vehicle in a manner

1101

described in paragraph (b) or paragraph (c). Any person who

1102

violates this paragraph commits a noncriminal violation,

1103

punishable as provided in s. 775.083.

1104

     (b) Except as provided in paragraph (c), a wrecker operator

1105

dispatched by an unauthorized wrecker company who drives by the

1106

scene of a wrecked or disabled vehicle before the arrival of the

1107

wrecker operator dispatched by the authorized wrecker company may

1108

not initiate contact with the owner or operator of the vehicle by

1109

soliciting or offering wrecker services or tow the vehicle. Any

1110

person who violates this paragraph commits a misdemeanor of the

1111

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

1112

775.083.

1113

     (c) When a wrecker operator dispatched by an unauthorized

1114

wrecker company drives by the scene of a wrecked or disabled

1115

vehicle and the owner or operator initiates contact by signaling

1116

the wrecker operator to stop and provide wrecker services, the

1117

wrecker operator must disclose to the owner or operator of the

1118

vehicle that he or she was not dispatched by the authorized

1119

wrecker company designated as part of the wrecker-allocation

1120

system and must disclose, in writing, what charges for towing and

1121

storage will apply before the vehicle is connected to the towing

1122

apparatus. Any person who violates this paragraph commits a

1123

misdemeanor of the second degree, punishable as provided in s.

1124

775.082 or s. 775.083.

1125

     (d) A wrecker operator may not falsely identify himself or

1126

herself as being part of, or as being employed by a wrecker

1127

company that is part of, the wrecker-allocation system at the

1128

scene of a wrecked or disabled vehicle. Any person who violates

1129

this paragraph commits a misdemeanor of the first degree,

1130

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

1131

     (4) This section does not prohibit or in any way prevent

1132

the owner or operator of a vehicle involved in a crash or

1133

otherwise disabled from contacting any wrecker company for the

1134

provision of wrecker services, regardless of whether the wrecker

1135

company is an authorized wrecker company. However, if a law

1136

enforcement officer determines that the disabled vehicle or

1137

vehicle cargo is a public safety hazard, the officer may, in the

1138

interest of public safety, dispatch an authorized wrecker company

1139

if the officer believes that the authorized wrecker company would

1140

arrive at the scene before the wrecker company requested by the

1141

owner or operator of the disabled vehicle or vehicle cargo.

1142

     (5) A law enforcement officer may dispatch an authorized

1143

wrecker company out of rotation to the scene of a wrecked or

1144

disabled vehicle if the authorized wrecker company next on

1145

rotation is not equipped to provide the required wrecker services

1146

and the out-of-rotation authorized wrecker company is available

1147

with the required equipment. However, this subsection does not

1148

prohibit or prevent the owner or operator of a vehicle involved

1149

in a crash or otherwise disabled from contacting any wrecker

1150

company that is properly equipped to provide the required wrecker

1151

services, regardless of whether the wrecker company is an

1152

authorized wrecker company, unless the law enforcement officer

1153

determines that the wrecked or disabled vehicle or vehicle cargo

1154

is a public safety hazard and the officer believes that the

1155

authorized wrecker company would arrive at the scene before the

1156

wrecker company requested by the owner or operator.

1157

     Section 17.  Effective January 1, 2009, section 323.001,

1158

Florida Statutes, is amended to read:

1159

     (Substantial rewording of section. See

1160

     s. 323.001, F.S., for present text.)

1161

     323.001 Wrecker company storage facilities; vehicle

1162

holds.--

1163

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

1164

     (a) "Business day" means a day other than a Saturday,

1165

Sunday, or federal or state legal holiday.

1166

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

1167

508.101.

1168

     (2) A law enforcement agency may place a hold on a motor

1169

vehicle stored within a wrecker company's storage facility for 5

1170

business days, thereby preventing a motor vehicle from being

1171

released to its owner.

1172

     (3) To extend a hold beyond 5 business days, the law

1173

enforcement agency must notify the wrecker company in writing

1174

before the expiration of the 5 business days. If notification is

1175

not made within the 5 business days, the wrecker company must

1176

release the vehicle to the designated person under s. 713.78.

1177

     (a) If the hold is extended beyond the 5 business days, the

1178

law enforcement agency may have the vehicle removed to a

1179

designated impound lot and the vehicle may not be released by the

1180

law enforcement agency to the owner or lienholder of the vehicle

1181

until proof of payment of the towing and storage charges incurred

1182

by the wrecker company is presented to the law enforcement

1183

agency.

1184

     (b) If the law enforcement agency chooses to have the

1185

vehicle remain at the wrecker company's storage facility for more

1186

than 5 business days under the written notification, the law

1187

enforcement agency is responsible for paying the storage charges

1188

incurred by the wrecker company for the requested extended

1189

period. The owner or lienholder is responsible for paying the

1190

accrued towing and storage charges for the first 5 business days,

1191

or any period less than the first 5 business days, if the law

1192

enforcement agency moves the vehicle from the wrecker company's

1193

storage facility to a designated impound lot or provides written

1194

notification to extend the hold on the vehicle before the

1195

expiration of the 5 business days.

1196

     (c) The towing and storage rates for the owner or

1197

lienholder of the held vehicle may not exceed the rates for the

1198

law enforcement agency.

1199

     (4) If there is a judicial finding of no probable cause for

1200

having continued the immobilization or impoundment, the law

1201

enforcement agency ordering the hold must pay the accrued charges

1202

for any towing and storage.

1203

     (5) The requirements for a written hold apply when:

1204

     (a) The law enforcement officer has probable cause to

1205

believe that the vehicle should be seized and forfeited under the

1206

Florida Contraband Forfeiture Act, ss. 932.701-932.707;

1207

     (b) The law enforcement officer has probable cause to

1208

believe that the vehicle should be seized and forfeited under

1209

chapter 370 or chapter 372;

1210

     (c) The law enforcement officer has probable cause to

1211

believe that the vehicle was used as a means to commit a crime;

1212

     (d) The law enforcement officer has probable cause to

1213

believe that the vehicle is itself evidence that a crime has been

1214

committed or that the vehicle contains evidence, which cannot

1215

readily be removed, that a crime has been committed;

1216

     (e) The law enforcement officer has probable cause to

1217

believe that the vehicle was involved in a traffic accident

1218

resulting in death or personal injury and should be sealed for

1219

investigation and collection of evidence by a vehicular homicide

1220

investigator;

1221

     (f) The vehicle is impounded or immobilized under s.

1222

316.193 or s. 322.34; or

1223

     (g) The law enforcement officer is complying with a court

1224

order.

1225

     (6) The hold must be in writing and must specify:

1226

     (a) The name and agency of the law enforcement officer

1227

placing the hold on the vehicle.

1228

     (b) The date and time the hold is placed on the vehicle.

1229

     (c) A general description of the vehicle, including its

1230

color, make, model, body style, and year; vehicle identification

1231

number; registration license plate number, state, and year; and

1232

validation sticker number, state, and year.

1233

     (d) The specific reason for placing the hold.

1234

     (e) The condition of the vehicle.

1235

     (f) The location where the vehicle is being held.

1236

     (g) The name, address, and telephone number of the wrecker

1237

company and the storage facility.

1238

     (7) A wrecker company's storage facility must comply with a

1239

hold placed by a law enforcement officer, including instructions

1240

for inside or outside storage. A wrecker company's storage

1241

facility may not release a motor vehicle subject to a hold to any

1242

person except as directed by the law enforcement agency placing

1243

the hold.

1244

     (8) When a vehicle owner is found guilty of, regardless of

1245

adjudication, or pleads nolo contendere to, the offense that

1246

resulted in a hold being placed on his or her vehicle, the owner

1247

must pay the accrued towing and storage charges assessed against

1248

the vehicle.

1249

     Section 18.  Effective January 1, 2009, section 323.002,

1250

Florida Statutes, is amended to read:

1251

     (Substantial rewording of section. See

1252

     s. 323.002, F.S., for present text.)

1253

     323.002 County and municipal wrecker-allocation systems;

1254

penalties for operation outside of system.--

1255

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

1256

     (a) "Authorized wrecker company" means a wrecker company

1257

designated as part of the wrecker-allocation system established

1258

by the governmental unit having jurisdiction over the scene of a

1259

wrecked, disabled, or abandoned vehicle.

1260

     (b) "Unauthorized wrecker company" means a wrecker company

1261

not designated as part of the wrecker-allocation system

1262

established by the governmental unit having jurisdiction over the

1263

scene of a wrecked, disabled, or abandoned vehicle.

1264

     (c) "Wrecker-allocation system" means a system for the

1265

towing or removal of wrecked, disabled, or abandoned vehicles,

1266

similar to the Florida Highway Patrol wrecker-allocation system

1267

described in s. 321.051(2), under which a county or municipality

1268

contracts with one or more wrecker companies registered under

1269

chapter 508 for the towing or removal of wrecked, disabled, or

1270

abandoned vehicles from accident scenes, streets, or highways.

1271

Each wrecker-allocation system must use a method for apportioning

1272

the towing assignments among the eligible wrecker companies

1273

through the creation of geographic zones or a rotation schedule

1274

or a combination of geographic zones and a rotation schedule.

1275

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

1276

508.101.

1277

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

1278

508.101.

1279

     (f) "Wrecker services" has the same meaning ascribed in s.

1280

508.101.

1281

     (2) In a county or municipality that operates a wrecker-

1282

allocation system:

1283

     (a) The wrecker-allocation system may only use wrecker

1284

companies registered under chapter 508.

1285

     (b) An unauthorized wrecker company, its wrecker operators,

1286

or its other employees or agents may not monitor a police radio

1287

for communications between patrol field units and the dispatcher

1288

in order to determine the location of a wrecked or disabled

1289

vehicle for the purpose of dispatching its wrecker operator to

1290

drive by the scene of the vehicle in a manner described in

1291

paragraph (c) or paragraph (d). Any person who violates this

1292

paragraph commits a noncriminal violation, punishable as provided

1293

in s. 775.083.

1294

     (c) Except as provided in paragraph (d), a wrecker operator

1295

dispatched by an unauthorized wrecker company who drives by the

1296

scene of a wrecked or disabled vehicle before the arrival of the

1297

wrecker operator dispatched by the authorized wrecker company may

1298

not initiate contact with the owner or operator of the vehicle by

1299

soliciting or offering wrecker services or tow the vehicle. Any

1300

person who violates this paragraph commits a misdemeanor of the

1301

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

1302

775.083.

1303

     (d) When a wrecker operator dispatched by an unauthorized

1304

wrecker company drives by the scene of a wrecked or disabled

1305

vehicle and the owner or operator initiates contact by signaling

1306

the wrecker operator to stop and provide wrecker services, the

1307

wrecker operator must disclose to the owner or operator of the

1308

vehicle that he or she was not dispatched by the authorized

1309

wrecker company designated as part of the wrecker-allocation

1310

system and must disclose, in writing, what charges for towing and

1311

storage will apply before the vehicle is connected to the towing

1312

apparatus. Any person who violates this paragraph commits a

1313

misdemeanor of the second degree, punishable as provided in s.

1314

775.082 or s. 775.083.

1315

     (e) A wrecker operator may not falsely identify himself or

1316

herself as being part of, or as being employed by a wrecker

1317

company that is part of, the wrecker-allocation system at the

1318

scene of a wrecked or disabled vehicle. Any person who violates

1319

this paragraph commits a misdemeanor of the first degree,

1320

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

1321

     (3) This section does not prohibit or in any way prevent

1322

the owner or operator of a vehicle involved in a crash or

1323

otherwise disabled from contacting any wrecker company for the

1324

provision of wrecker services, regardless of whether the wrecker

1325

company is an authorized wrecker company. If a law enforcement

1326

officer determines that the disabled vehicle or vehicle cargo is

1327

a public safety hazard, the officer may, in the interest of

1328

public safety, dispatch an authorized wrecker company if the

1329

officer believes that the authorized wrecker company would arrive

1330

at the scene before the wrecker company requested by the owner or

1331

operator of the disabled vehicle or vehicle cargo.

1332

     (4) A law enforcement officer may dispatch an authorized

1333

wrecker company out of rotation to the scene of a wrecked or

1334

disabled vehicle if the authorized wrecker company next on

1335

rotation is not equipped to provide the required wrecker services

1336

and the out-of-rotation authorized wrecker company is available

1337

with the required equipment. However, this subsection does not

1338

prohibit or prevent the owner or operator of a vehicle involved

1339

in a crash or otherwise disabled from contacting any wrecker

1340

company that is properly equipped to provide the required wrecker

1341

services, regardless of whether the wrecker company is an

1342

authorized wrecker company, unless the law enforcement officer

1343

determines that the wrecked or disabled vehicle or vehicle cargo

1344

is a public safety hazard and the officer believes that the

1345

authorized wrecker company would arrive at the scene before the

1346

wrecker company requested by the owner or operator.

1347

     Section 19.  Effective January 1, 2009, section 713.78,

1348

Florida Statutes, is amended to read:

1349

     713.78  Liens for recovering, towing, or storing vehicles

1350

and vessels.--

1351

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

1352

     (a) "Business day" means a day other than a Saturday,

1353

Sunday, or federal or state legal holiday.

1354

     (b) "Property owner" has the same meaning ascribed in s.

1355

715.07.

1356

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

1357

508.101 means any mobile item, whether motorized or not, which is

1358

mounted on wheels.

1359

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

1360

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

1361

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

1362

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

1363

327.02(9).

1364

     (e)(c) "Wrecker" has the same meaning ascribed in s. 320.01

1365

means any truck or other vehicle which is used to tow, carry, or

1366

otherwise transport motor vehicles or vessels upon the streets

1367

and highways of this state and which is equipped for that purpose

1368

with a boom, winch, car carrier, or other similar equipment.

1369

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

1370

508.101.

1371

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

1372

508.101.

1373

     (2) Whenever a wrecker company registered under chapter 508

1374

person regularly engaged in the business of transporting vehicles

1375

or vessels by wrecker, tow truck, or car carrier recovers,

1376

removes, or stores a vehicle or vessel upon instructions from:

1377

     (a) The owner of the vehicle or vessel thereof;

1378

     (b) The property owner or lessor, or a person authorized by

1379

the owner or lessor, of real property on which the such vehicle

1380

or vessel is wrongfully parked without permission, and the

1381

removal is done in compliance with s. 715.07; or

1382

     (c)  Any law enforcement agency,

1383

1384

the wrecker company has she or he shall have a lien on the

1385

vehicle or vessel for a reasonable towing fee and for a

1386

reasonable storage fee,; except that no storage fee shall be

1387

charged if the vehicle or vessel is stored for less than 6 hours.

1388

     (3)  This section does not authorize any person to claim a

1389

lien on a vehicle for fees or charges connected with the

1390

immobilization of the such vehicle using a vehicle boot or other

1391

similar device under pursuant to s. 715.07.

1392

     (4)(a) Any wrecker company that person regularly engaged in

1393

the business of recovering, towing, or storing vehicles or

1394

vessels who comes into possession of a vehicle or vessel under

1395

pursuant to subsection (2), and who claims a lien for recovery,

1396

towing, or storage services, shall give notice to the registered

1397

owner, the insurance company insuring the vehicle notwithstanding

1398

the provisions of s. 627.736, and to all persons claiming a lien

1399

on the vehicle or vessel thereon, as disclosed by the records in

1400

the Department of Highway Safety and Motor Vehicles or of a

1401

corresponding agency in any other state.

1402

     (b) Whenever a any law enforcement agency authorizes the

1403

removal of a vehicle or vessel or whenever a wrecker company any

1404

towing service, garage, repair shop, or automotive service,

1405

storage, or parking place notifies the law enforcement agency of

1406

possession of a vehicle or vessel under pursuant to s.

1407

715.07(2)(a)2., the applicable law enforcement agency shall

1408

contact the Department of Highway Safety and Motor Vehicles, or

1409

the appropriate agency of the state of registration, if known,

1410

within 24 hours through the medium of electronic communications,

1411

giving the full description of the vehicle or vessel. Upon

1412

receipt of the full description of the vehicle or vessel, the

1413

department shall search its files to determine the owner's name,

1414

the insurance company insuring the vehicle or vessel, and whether

1415

any person has filed a lien upon the vehicle or vessel as

1416

provided in s. 319.27(2) and (3) and notify the applicable law

1417

enforcement agency within 72 hours. The wrecker company person in

1418

charge of the towing service, garage, repair shop, or automotive

1419

service, storage, or parking place shall obtain that such

1420

information from the applicable law enforcement agency within 5

1421

days after the date of storage and shall give notice under

1422

pursuant to paragraph (a). The department may release the

1423

insurance company information to the requestor notwithstanding

1424

the provisions of s. 627.736.

1425

     (c) Notice by certified mail, return receipt requested,

1426

shall be sent within 7 business days after the date of storage of

1427

the vehicle or vessel to the registered owner, the insurance

1428

company insuring the vehicle notwithstanding the provisions of s.

1429

627.736, and all persons of record claiming a lien against the

1430

vehicle or vessel. The notice It shall state the fact of

1431

possession of the vehicle or vessel and, that a lien as provided

1432

in subsection (2) is claimed, that charges have accrued and the

1433

amount of the charges thereof, that the lien is subject to

1434

enforcement under pursuant to law, and that the owner or

1435

lienholder, if any, has the right to a hearing as set forth in

1436

subsection (5), and that any vehicle or vessel that which remains

1437

unclaimed, or for which the charges for recovery, towing, or

1438

storage services remain unpaid, may be sold free of all prior

1439

liens after 35 days if the vehicle or vessel is more than 3 years

1440

of age or after 50 days if the vehicle or vessel is 3 years of

1441

age or less.

1442

     (d) If the wrecker company is unable attempts to identify

1443

locate the name and address of the owner or lienholder prove

1444

unsuccessful, the wrecker company towing-storage operator shall,

1445

after 7 business working days following, excluding Saturday and

1446

Sunday, of the initial tow or storage, notify the public agency

1447

of jurisdiction in writing by certified mail or acknowledged hand

1448

delivery that the wrecker towing-storage company has been unable

1449

to identify locate the name and address of the owner or

1450

lienholder, and a physical search of the vehicle or vessel has

1451

disclosed no ownership information, and a good faith effort has

1452

been made. For purposes of this paragraph and subsection (9), the

1453

term "good faith effort" means that the following checks have

1454

been performed by the wrecker company to establish prior state of

1455

registration and for title:

1456

     1.  Check of vehicle or vessel for any type of tag, tag

1457

record, temporary tag, or regular tag.

1458

     2.  Check of law enforcement report for tag number or other

1459

information identifying the vehicle or vessel, if the vehicle or

1460

vessel was towed at the request of a law enforcement officer.

1461

     3. Check of trip sheet or tow ticket of the wrecker tow

1462

truck operator to see if a tag was on vehicle or vessel at

1463

beginning of tow, if private tow.

1464

     4.  If there is no address of the owner on the impound

1465

report, check of law enforcement report to see if an out-of-state

1466

address is indicated from driver license information.

1467

     5.  Check of vehicle or vessel for inspection sticker or

1468

other stickers and decals that may indicate a state of possible

1469

registration.

1470

     6.  Check of the interior of the vehicle or vessel for any

1471

papers that may be in the glove box, trunk, or other areas for a

1472

state of registration.

1473

     7.  Check of vehicle for vehicle identification number.

1474

     8.  Check of vessel for vessel registration number.

1475

     9. Check of vessel hull for a hull identification number,

1476

which should be carved, burned, stamped, embossed, or otherwise

1477

permanently affixed to the outboard side of the transom or, if

1478

there is no transom, to the outmost seaboard side at the end of

1479

the hull that bears the rudder or other steering mechanism.

1480

     (5)(a) The owner of a vehicle or vessel removed under

1481

pursuant to the provisions of subsection (2), or any person

1482

claiming a lien, other than the wrecker company towing-storage

1483

operator, within 10 days after the time she or he has knowledge

1484

of the location of the vehicle or vessel, may file a complaint in

1485

the county court of the county in which the vehicle or vessel is

1486

stored or in which the owner resides to determine if her or his

1487

property was wrongfully taken or withheld from her or him.

1488

     (b)  Upon filing of a complaint, an owner or lienholder may

1489

have her or his vehicle or vessel released upon posting with the

1490

court a cash or surety bond or other adequate security equal to

1491

the amount of the charges for towing or storage and lot rental

1492

amount to ensure the payment of the such charges in the event she

1493

or he does not prevail. Upon the posting of the bond and the

1494

payment of the applicable fee set forth in s. 28.24, the clerk of

1495

the court shall issue a certificate notifying the lienor of the

1496

posting of the bond and directing the lienor to release the

1497

vehicle or vessel. At the time of the such release, after

1498

reasonable inspection, she or he shall give a receipt to the

1499

wrecker towing-storage company reciting any claims she or he has

1500

for loss or damage to the vehicle or vessel or to the contents of

1501

the vehicle or vessel thereof.

1502

     (c)  Upon determining the respective rights of the parties,

1503

the court shall may award damages, reasonable attorney's fees,

1504

and costs to in favor of the prevailing party. In any event, The

1505

final order shall require provide for immediate payment in full

1506

of the recovery, towing, and storage fees by the vehicle or

1507

vessel owner or lienholder,; by or the law enforcement agency

1508

ordering the tow,; or by the property owner, lessee, or agent

1509

thereof of the real property from which the vehicle or vessel was

1510

towed or removed under s. 715.07.

1511

     (6) Any vehicle or vessel that which is stored under

1512

pursuant to subsection (2) and which remains unclaimed, or for

1513

which reasonable charges for recovery, towing, or storing remain

1514

unpaid, and any contents not released under pursuant to

1515

subsection (10), may be sold by the wrecker company owner or

1516

operator of the storage space for the such towing or storage

1517

charge after 35 days after from the time the vehicle or vessel is

1518

stored in the wrecker company's storage facility therein if the

1519

vehicle or vessel is more than 3 years of age or after 50 days

1520

after following the time the vehicle or vessel is stored in the

1521

wrecker company's storage facility therein if the vehicle or

1522

vessel is 3 years of age or less. The sale shall be at public

1523

auction for cash. If the date of the sale is was not included in

1524

the notice required in subsection (4), notice of the sale shall

1525

be given to the person in whose name the vehicle or vessel is

1526

registered and to all persons claiming a lien on the vehicle or

1527

vessel as shown on the records of the Department of Highway

1528

Safety and Motor Vehicles or of the corresponding agency in any

1529

other state. Notice shall be sent by certified mail, return

1530

receipt requested, to the owner of the vehicle or vessel and the

1531

person having the recorded lien on the vehicle or vessel at the

1532

address shown on the records of the registering agency and shall

1533

be mailed at least not less than 15 days before the date of the

1534

sale. After diligent search and inquiry, if the name and address

1535

of the registered owner or the owner of the recorded lien cannot

1536

be ascertained, the requirements of notice by mail may be

1537

dispensed with. In addition to the notice by mail, public notice

1538

of the time and place of sale shall be made by publishing a

1539

notice of the sale thereof one time, at least 10 days prior to

1540

the date of the sale, in a newspaper of general circulation in

1541

the county in which the sale is to be held. The proceeds of the

1542

sale, after payment of reasonable towing and storage charges, and

1543

costs of the sale, in that order of priority, shall be deposited

1544

with the clerk of the circuit court for the county if the owner

1545

is absent, and the clerk shall hold the such proceeds subject to

1546

the claim of the person legally entitled to those proceeds

1547

thereto. The clerk shall be entitled to receive 5 percent of the

1548

such proceeds for the care and disbursement of the proceeds

1549

thereof. The certificate of title issued under this section law

1550

shall be discharged of all liens unless otherwise provided by

1551

court order.

1552

     (7)(a) A wrecker company, its wrecker operators, and other

1553

employees or agents of the wrecker company operator recovering,

1554

towing, or storing vehicles or vessels are is not liable for

1555

damages connected with those such services, theft of the such

1556

vehicles or vessels, or theft of personal property contained in

1557

the such vehicles or vessels if those, provided that such

1558

services are have been performed with reasonable care and

1559

provided, further, that, in the case of removal of a vehicle or

1560

vessel upon the request of a person purporting, and reasonably

1561

appearing, to be the property owner or lessee, or a person

1562

authorized by the owner or lessee, of the real property from

1563

which the such vehicle or vessel is removed, the such removal is

1564

has been done in compliance with s. 715.07. Further, a wrecker

1565

company, its wrecker operators, and other employees or agents of

1566

the wrecker company are operator is not liable for damage to a

1567

vehicle, a vessel, or cargo that obstructs the normal movement of

1568

traffic or creates a hazard to traffic and is removed in

1569

compliance with the request of a law enforcement officer.

1570

     (b) For the purposes of this subsection, a wrecker company,

1571

its wrecker operators, and other employees or agents of the

1572

wrecker company are operator is presumed to use reasonable care

1573

to prevent the theft of a vehicle or vessel or of any personal

1574

property contained in the such vehicle or vessel stored in the

1575

wrecker company's operator's storage facility if all of the

1576

following apply:

1577

     1. The wrecker company operator surrounds the storage

1578

facility with a chain-link or solid-wall type fence at least 6

1579

feet in height;

1580

     2. The wrecker company illuminates operator has illuminated

1581

the storage facility with lighting of sufficient intensity to

1582

reveal persons and vehicles at a distance of at least 150 feet

1583

during nighttime; and

1584

     3. The wrecker company operator uses one or more of the

1585

following security methods to discourage theft of vehicles or

1586

vessels or of any personal property contained in such vehicles or

1587

vessels stored in the wrecker company's operator's storage

1588

facility:

1589

     a.  A night dispatcher or watchman remains on duty at the

1590

storage facility from sunset to sunrise;

1591

     b.  A security dog remains at the storage facility from

1592

sunset to sunrise;

1593

     c.  Security cameras or other similar surveillance devices

1594

monitor the storage facility; or

1595

     d.  A security guard service examines the storage facility

1596

at least once each hour from sunset to sunrise.

1597

     (c)  Any law enforcement agency requesting that a motor

1598

vehicle be removed from an accident scene, street, or highway

1599

must conduct an inventory and prepare a written record of all

1600

personal property found in the vehicle before the vehicle is

1601

removed by a wrecker operator. However, if the owner or driver of

1602

the motor vehicle is present and accompanies the vehicle, an no

1603

inventory by law enforcement is not required. A wrecker company,

1604

its wrecker operators, and other employees or agents of the

1605

wrecker company are operator is not liable for the loss of

1606

personal property alleged to be contained in such a vehicle when

1607

the such personal property was not identified on the inventory

1608

record prepared by the law enforcement agency requesting the

1609

removal of the vehicle.

1610

     (8) A wrecker company and its wrecker operators, excluding

1611

person regularly engaged in the business of recovering, towing,

1612

or storing vehicles or vessels, except a person licensed under

1613

chapter 493 while engaged in "repossession" activities as defined

1614

in s. 493.6101, may not operate a wrecker, tow truck, or car

1615

carrier unless the name, address, and telephone number of the

1616

wrecker company performing the wrecker services service is

1617

clearly printed in contrasting colors on the driver and passenger

1618

sides of the wrecker its vehicle. The name must be in at least 3-

1619

inch permanently affixed letters, and the address and telephone

1620

number must be in at least 1-inch permanently affixed letters.

1621

     (9) Failure to make good faith, best efforts to comply with

1622

the notice requirements of this section precludes shall preclude

1623

the imposition of any storage charges against the such vehicle or

1624

vessel.

1625

     (10) Each wrecker company that provides Persons who provide

1626

services under pursuant to this section shall permit vehicle or

1627

vessel owners or their agents, which agency is evidenced by an

1628

original writing acknowledged by the owner before a notary public

1629

or other person empowered by law to administer oaths, to inspect

1630

the towed vehicle or vessel and shall release to the owner or

1631

agent the vehicle, vessel, or all personal property not affixed

1632

to the vehicle or vessel that which was in the vehicle or vessel

1633

at the time the vehicle or vessel came into the custody of the

1634

wrecker company person providing those such services.

1635

     (11)(a) A wrecker company that Any person regularly engaged

1636

in the business of recovering, towing, or storing vehicles or

1637

vessels who comes into possession of a vehicle or vessel pursuant

1638

to subsection (2) and complies who has complied with the

1639

provisions of subsections (3) and (6), when the such vehicle or

1640

vessel is to be sold for purposes of being dismantled, destroyed,

1641

or changed in such a manner that it is not the motor vehicle or

1642

vessel described in the certificate of title, must shall apply to

1643

the county tax collector for a certificate of destruction. A

1644

certificate of destruction, which authorizes the dismantling or

1645

destruction of the vehicle or vessel described on the certificate

1646

therein, is shall be reassignable no more than twice a maximum of

1647

two times before dismantling or destruction of the vehicle or

1648

vessel is shall be required, and, in lieu of a certificate of

1649

title, the certificate of destruction shall accompany the vehicle

1650

or vessel for which it is issued, when the such vehicle or vessel

1651

is sold for that purpose such purposes, in lieu of a certificate

1652

of title. The application for a certificate of destruction must

1653

include an affidavit from the applicant that it has complied with

1654

all applicable requirements of this section and, if the vehicle

1655

or vessel is not registered in this state, by a statement from a

1656

law enforcement officer that the vehicle or vessel is not

1657

reported stolen, and must also shall be accompanied by any other

1658

such documentation as may be required by the department.

1659

     (b)  The Department of Highway Safety and Motor Vehicles

1660

shall charge a fee of $3 for each certificate of destruction. A

1661

service charge of $4.25 shall be collected and retained by the

1662

tax collector who processes the application.

1663

     (c)  The Department of Highway Safety and Motor Vehicles may

1664

adopt such rules to administer as it deems necessary or proper

1665

for the administration of this subsection.

1666

     (12)(a) Any person who violates any provision of subsection

1667

(1), subsection (2), subsection (4), subsection (5), subsection

1668

(6), or subsection (7) commits is guilty of a misdemeanor of the

1669

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

1670

     (b) Any person who violates subsection (8), subsection (9),

1671

subsection (10), or subsection (11) commits the provisions of

1672

subsections (8) through (11) is guilty of a felony of the third

1673

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

1674

775.084.

1675

     (c)  Any person who uses a false or fictitious name, gives a

1676

false or fictitious address, or makes any false statement in any

1677

application or affidavit required under the provisions of this

1678

section commits is guilty of a felony of the third degree,

1679

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

1680

     (d)  Employees of the Department of Highway Safety and Motor

1681

Vehicles and law enforcement officers may are authorized to

1682

inspect the records of each wrecker company in this state any

1683

person regularly engaged in the business of recovering, towing,

1684

or storing vehicles or vessels or transporting vehicles or

1685

vessels by wrecker, tow truck, or car carrier, to ensure

1686

compliance with the requirements of this section. Any person who

1687

fails to maintain records, or fails to produce records when

1688

required in a reasonable manner and at a reasonable time, commits

1689

a misdemeanor of the first degree, punishable as provided in s.

1690

775.082 or s. 775.083.

1691

     (13)(a)  Upon receipt by the Department of Highway Safety

1692

and Motor Vehicles of written notice from a wrecker company that

1693

operator who claims a wrecker company's operator's lien under

1694

paragraph (2)(c) or paragraph (2)(d) for recovery, towing, or

1695

storage of an abandoned vehicle or vessel upon instructions from

1696

any law enforcement agency, for which a certificate of

1697

destruction has been issued under subsection (11), the department

1698

shall place the name of the registered owner of that vehicle or

1699

vessel on the list of those persons who may not be issued a

1700

license plate or revalidation sticker for any motor vehicle under

1701

s. 320.03(8). If the vehicle or vessel is owned jointly by more

1702

than one person, the name of each registered owner shall be

1703

placed on the list. The notice of wrecker company's operator's

1704

lien shall be submitted on forms provided by the department,

1705

which must include:

1706

     1.  The name, address, and telephone number of the wrecker

1707

company operator.

1708

     2.  The name of the registered owner of the vehicle or

1709

vessel and the address to which the wrecker company operator

1710

provided notice of the lien to the registered owner under

1711

subsection (4).

1712

     3.  A general description of the vehicle or vessel,

1713

including its color, make, model, body style, and year.

1714

     4.  The vehicle identification number (VIN); registration

1715

license plate number, state, and year; validation decal number,

1716

state, and year; vessel registration number; hull identification

1717

number; or other identification number, as applicable.

1718

     5.  The name of the person or the corresponding law

1719

enforcement agency that requested that the vehicle or vessel be

1720

recovered, towed, or stored.

1721

     6. The amount of the wrecker company's operator's lien, not

1722

to exceed the amount allowed by paragraph (b).

1723

     (b)  For purposes of this subsection only, the amount of the

1724

wrecker company's operator's lien for which the department will

1725

prevent issuance of a license plate or revalidation sticker may

1726

not exceed the amount of the charges for recovery, towing, and

1727

storage of the vehicle or vessel for 7 days. These charges may

1728

not exceed the maximum rates imposed by the ordinances of the

1729

respective county or municipality under ss. 125.0103(1)(c) and

1730

166.043(1)(c). This paragraph does not limit the amount of a

1731

wrecker company's operator's lien claimed under subsection (2) or

1732

prevent a wrecker company operator from seeking civil remedies

1733

for enforcement of the entire amount of the lien, but limits only

1734

that portion of the lien for which the department will prevent

1735

issuance of a license plate or revalidation sticker.

1736

     (c)1.  The registered owner of a vehicle or vessel may

1737

dispute a wrecker company's operator's lien, by notifying the

1738

department of the dispute in writing on forms provided by the

1739

department, if at least one of the following applies:

1740

     a.  The registered owner presents a notarized bill of sale

1741

proving that the vehicle or vessel was sold in a private or

1742

casual sale before the vehicle or vessel was recovered, towed, or

1743

stored.

1744

     b.  The registered owner presents proof that the Florida

1745

certificate of title of the vehicle or vessel was sold to a

1746

licensed dealer as defined in s. 319.001 before the vehicle or

1747

vessel was recovered, towed, or stored.

1748

     c.  The records of the department were marked "sold" prior

1749

to the date of the tow.

1750

1751

If the registered owner's dispute of a wrecker company's

1752

operator's lien complies with one of these criteria, the

1753

department shall immediately remove the registered owner's name

1754

from the list of those persons who may not be issued a license

1755

plate or revalidation sticker for any motor vehicle under s.

1756

320.03(8), thereby allowing issuance of a license plate or

1757

revalidation sticker. If the vehicle or vessel is owned jointly

1758

by more than one person, each registered owner must dispute the

1759

wrecker company's operator's lien in order to be removed from the

1760

list. However, the department shall deny any dispute and maintain

1761

the registered owner's name on the list of those persons who may

1762

not be issued a license plate or revalidation sticker for any

1763

motor vehicle under s. 320.03(8) if the wrecker company operator

1764

has provided the department with a certified copy of the judgment

1765

of a court that which orders the registered owner to pay the

1766

wrecker company's operator's lien claimed under this section. In

1767

such a case, the amount of the wrecker company's operator's lien

1768

allowed by paragraph (b) may be increased to include no more than

1769

$500 of the reasonable costs and attorney's fees incurred in

1770

obtaining the judgment. The department's action under this

1771

subparagraph is ministerial in nature, shall not be considered

1772

final agency action, and is appealable only to the county court

1773

for the county in which the vehicle or vessel was ordered

1774

removed.

1775

     2. A person against whom a wrecker company's operator's

1776

lien has been imposed may alternatively obtain a discharge of the

1777

lien by filing a complaint, challenging the validity of the lien

1778

or the amount of the lien thereof, in the county court of the

1779

county in which the vehicle or vessel was ordered removed. Upon

1780

filing of the complaint, the person may have her or his name

1781

removed from the list of those persons who may not be issued a

1782

license plate or revalidation sticker for any motor vehicle under

1783

s. 320.03(8), thereby allowing issuance of a license plate or

1784

revalidation sticker, upon posting with the court a cash or

1785

surety bond or other adequate security equal to the amount of the

1786

wrecker company's operator's lien to ensure the payment of such

1787

lien in the event she or he does not prevail. Upon the posting of

1788

the bond and the payment of the applicable fee set forth in s.

1789

28.24, the clerk of the court shall issue a certificate notifying

1790

the department of the posting of the bond and directing the

1791

department to release the wrecker company's operator's lien. Upon

1792

determining the respective rights of the parties, the court may

1793

award damages and costs in favor of the prevailing party.

1794

     3. If a person against whom a wrecker company's operator's

1795

lien has been imposed does not object to the lien, but cannot

1796

discharge the lien by payment because the wrecker company

1797

operator has moved or gone out of business, the person may have

1798

her or his name removed from the list of those persons who may

1799

not be issued a license plate or revalidation sticker for any

1800

motor vehicle under s. 320.03(8), thereby allowing issuance of a

1801

license plate or revalidation sticker, upon posting with the

1802

clerk of court in the county in which the vehicle or vessel was

1803

ordered removed, a cash or surety bond or other adequate security

1804

equal to the amount of the wrecker company's operator's lien.

1805

Upon the posting of the bond and the payment of the application

1806

fee set forth in s. 28.24, the clerk of the court shall issue a

1807

certificate notifying the department of the posting of the bond

1808

and directing the department to release the wrecker company's

1809

operator's lien. The department shall mail to the wrecker company

1810

operator, at the address upon the lien form, notice that the

1811

wrecker company operator must claim the security within 60 days,

1812

or the security will be released back to the person who posted

1813

it. At the conclusion of the 60 days, the department shall direct

1814

the clerk as to which party is entitled to payment of the

1815

security, less applicable clerk's fees.

1816

     4. A wrecker company's operator's lien expires 5 years

1817

after filing.

1818

     (d) Upon discharge of the amount of the wrecker company's

1819

operator's lien allowed by paragraph (b), the wrecker company

1820

operator must issue a certificate of discharged wrecker company's

1821

operator's lien on forms provided by the department to each

1822

registered owner of the vehicle or vessel attesting that the

1823

amount of the wrecker company's operator's lien allowed by

1824

paragraph (b) has been discharged. Upon presentation of the

1825

certificate of discharged wrecker company's operator's lien by

1826

the registered owner, the department shall immediately remove the

1827

registered owner's name from the list of those persons who may

1828

not be issued a license plate or revalidation sticker for any

1829

motor vehicle under s. 320.03(8), thereby allowing issuance of a

1830

license plate or revalidation sticker. Issuance of a certificate

1831

of discharged wrecker company's operator's lien under this

1832

paragraph does not discharge the entire amount of the wrecker

1833

company's operator's lien claimed under subsection (2), but only

1834

certifies to the department that the amount of the wrecker

1835

company's operator's lien allowed by paragraph (b), for which the

1836

department will prevent issuance of a license plate or

1837

revalidation sticker, has been discharged.

1838

     (e) When a wrecker company operator files a notice of

1839

wrecker company's operator's lien under this subsection, the

1840

department shall charge the wrecker company operator a fee of $2,

1841

which shall be deposited into the General Revenue Fund

1842

established under s. 860.158. A service charge of $2.50 shall be

1843

collected and retained by the tax collector who processes a

1844

notice of wrecker company's operator's lien.

1845

     (f)  This subsection applies only to the annual renewal in

1846

the registered owner's birth month of a motor vehicle

1847

registration and does not apply to the transfer of a registration

1848

of a motor vehicle sold by a motor vehicle dealer licensed under

1849

chapter 320, except for the transfer of registrations which is

1850

inclusive of the annual renewals. This subsection does not apply

1851

to any vehicle registered in the name of the lessor. This

1852

subsection does not affect the issuance of the title to a motor

1853

vehicle, notwithstanding s. 319.23(7)(b).

1854

     (g)  The Department of Highway Safety and Motor Vehicles may

1855

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

1856

this subsection.

1857

     Section 20. The amendments to section 713.78, Florida

1858

Statutes, made by this act do not affect the validity of liens

1859

established under section 713.78, Florida Statutes, before

1860

January 1, 2009.

1861

     Section 21.  Effective January 1, 2009, section 715.07,

1862

Florida Statutes, is amended to read:

1863

     715.07 Vehicles or vessels parked on real private property

1864

without permission; towing.--

1865

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

1866

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

1867

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

1868

person may be the designated representative of the condominium

1869

association if the real property is a condominium.

1870

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

1871

508.101 means any mobile item which normally uses wheels, whether

1872

motorized or not.

1873

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

1874

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

1875

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

1876

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

1877

327.02(9).

1878

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

1879

508.101.

1880

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

1881

508.101.

1882

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

1883

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

1884

be the designated representative of the condominium association

1885

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

1886

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

1887

permission to be removed by a wrecker company registered under

1888

chapter 508 person regularly engaged in the business of towing

1889

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

1890

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

1891

transportation, or storage, under any of the following

1892

circumstances:

1893

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

1894

real private property without the consent of the registered owner

1895

or other legally authorized person in control of that vehicle or

1896

vessel is subject to strict compliance with the following

1897

conditions and restrictions:

1898

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

1899

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

1900

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

1901

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

1902

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

1903

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

1904

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

1905

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

1906

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

1907

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

1908

prominently posted a sign indicating a telephone number where the

1909

operator of the storage facility site can be reached at all

1910

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

1911

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

1912

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

1913

will be in violation of this section.

1914

     b. If no wrecker company towing business providing such

1915

service is located within the area of towing limitations set

1916

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

1917

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

1918

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

1919

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

1920

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

1921

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

1922

population.

1923

     2. The wrecker company person or firm towing or removing

1924

the vehicle or vessel shall, within 30 minutes after completion

1925

of the such towing or removal, notify the municipal police

1926

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

1927

such towing or removal, the location of the storage facility

1928

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

1929

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

1930

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

1931

The wrecker company or description and registration number of the

1932

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

1933

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

1934

was reported and note that name on the trip record.

1935

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

1936

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

1937

which the vehicle or vessel is not lawfully parked without

1938

permission must stop when a person seeks the return of the

1939

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

1940

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

1941

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

1942

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

1943

if, after a reasonable opportunity, the owner or legally

1944

authorized person in control of the vehicle or vessel is unable

1945

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

1946

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

1947

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

1948

redeeming the vehicle or vessel.

1949

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

1950

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

1951

accept money or other valuable consideration for the privilege of

1952

towing or removing vehicles or vessels from a particular

1953

location.

1954

     5.  Except for property appurtenant to and obviously a part

1955

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

1956

notice is personally given to the owner or other legally

1957

authorized person in control of the vehicle or vessel that the

1958

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

1959

otherwise unavailable for unauthorized vehicles or vessels and

1960

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

1961

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

1962

person authorized by the property owner or lessee, before prior

1963

to towing or removing any vehicle or vessel from real private

1964

property without the consent of the owner or other legally

1965

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

1966

a notice meeting the following requirements:

1967

     a.  The notice must be prominently placed at each driveway

1968

access or curb cut allowing vehicular access to the property,

1969

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

1970

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

1971

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

1972

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

1973

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

1974

background, that unauthorized vehicles will be towed away at the

1975

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

1976

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

1977

     c.  The notice must also provide the name and current

1978

telephone number of the wrecker company person or firm towing or

1979

removing the vehicles or vessels.

1980

     d.  The sign structure containing the required notices must

1981

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

1982

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

1983

be continuously maintained on the property for not less than 24

1984

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

1985

     e.  The local government may require permitting and

1986

inspection of these signs prior to any towing or removal of

1987

vehicles or vessels being authorized.

1988

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

1989

notice requirements of this subparagraph by prominently

1990

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

1991

Unauthorized Vehicles or Vessels Will be Towed Away At the

1992

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

1993

reflective letters on a contrasting background.

1994

     g. A property owner towing or removing vessels from real

1995

property must post notice, consistent with the requirements in

1996

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

1997

unauthorized vehicles or vessels will be towed away at the

1998

owner's expense.

1999

2000

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

2001

or vessel by a wrecker towing company registered under chapter

2002

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

2003

parked in such a manner that restricts the normal operation of

2004

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

2005

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

2006

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

2007

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

2008

by a wrecker towing company registered under chapter 508 upon

2009

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

2010

posted tow-away zone sign.

2011

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

2012

removes vehicles or vessels and proposes to require an owner,

2013

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

2014

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

2015

vessel must file and keep on record with the local law

2016

enforcement agency a complete copy of the current rates to be

2017

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

2018

storage facility site an identical rate schedule and any written

2019

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

2020

real property that which authorize the wrecker company such

2021

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

2022

section.

2023

     7. Each wrecker company Any person or firm towing or

2024

removing any vehicles or vessels from real private property

2025

without the consent of the owner or other legally authorized

2026

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

2027

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

2028

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

2029

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

2030

company performing such service clearly printed in contrasting

2031

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

2032

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

2033

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

2034

least 1-inch permanently affixed letters.

2035

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

2036

removing the vehicle or vessel is shall be allowed with

2037

reasonable care on the part of the wrecker company and the

2038

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

2039

wrecker company, its wrecker operators, and other employees or

2040

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

2041

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

2042

such entry into the vehicle or vessel is performed not in

2043

accordance with the standard of reasonable care.

2044

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

2045

under pursuant to this section, the wrecker company it must

2046

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

2047

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

2048

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

2049

right to inspect the vehicle or vessel before accepting its

2050

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

2051

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

2052

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

2053

towing the vehicle or vessel from liability for damages noted by

2054

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

2055

redemption may be required from any vehicle or vessel owner,

2056

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

2057

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

2058

towing and storage charges under this section a detailed, signed

2059

receipt showing the legal name of the wrecker company or person

2060

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

2061

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

2062

whether requested or not.

2063

     (b) The These requirements of this subsection are minimum

2064

standards and do not preclude enactment of additional regulations

2065

by any municipality or county, including the regulation of right

2066

to regulate rates when vehicles or vessels are towed from real

2067

private property.

2068

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

2069

are reasonably identifiable from markings as law enforcement,

2070

firefighting, rescue squad, ambulance, or other emergency

2071

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

2072

by any governmental entity.

2073

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

2074

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

2075

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

2076

transportation, and storage; any damages resulting from the

2077

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

2078

attorney's fees; and court costs.

2079

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

2080

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

2081

imposition of any towing or storage charges against the vehicle

2082

or vessel.

2083

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

2084

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

2085

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

2086

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

2087

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

2088

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

2089

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

2090

775.084.

2091

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

2092

section 1.01, Florida Statutes, is repealed.

2093

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

2094

General Inspection Trust Fund to the Department of Agriculture

2095

and Consumer Services, and nine additional full-time equivalent

2096

positions are authorized, for the purpose of implementing this

2097

act during the 2008-2009 fiscal year.

2098

     Section 24.  Except as otherwise expressly provided in this

2099

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

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