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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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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(f) Recovery of a vehicle or vessel.
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The term does not include wrecker services provided by a
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franchised motor vehicle dealer licensed pursuant to s. 320.27 if
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such services are incidental to the operation of the franchise.
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508.102 Wrecker Operator Advisory Council.--
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(1) The Wrecker Operator Advisory Council is created within
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the department. The council shall advise and assist the
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department in administering this chapter.
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(2)(a) The council shall be composed of seven members
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appointed by the Commissioner of Agriculture.
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(b) Each of four members of the council must be an ultimate
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equitable owner of a wrecker company who has been an ultimate
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equitable owner of that company for at least 5 years before his
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or her appointment; one member must be a wrecker operator who is
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not an ultimate equitable owner of a wrecker company and who has
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been a wrecker operator for at least 5 years before his or her
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appointment; and two members must be laypersons. Each member must
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be a resident of this state. This paragraph expires July 1, 2014.
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(c) Effective July 1, 2014, each of four members of the
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council must be an ultimate equitable owner of a wrecker company
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registered under this chapter who has been an ultimate equitable
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owner of that company registered for at least 5 years before his
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or her appointment; one member must be a wrecker operator
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certified under this chapter who is not an ultimate equitable
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owner of a wrecker company and who has been a certified wrecker
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operator for at least 5 years before his or her appointment; and
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two members must be laypersons. Each member must be a resident of
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this state.
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(3) The term of each member of the council is 4 years,
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except that, in order to establish staggered terms, two members
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who are owners of wrecker companies and one layperson shall be
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appointed initially for a 2-year term. Members may be reappointed
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for additional terms, but may not serve more than 8 consecutive
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years. A vacancy shall be filled for the remainder of the
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unexpired term in the same manner as the original appointment.
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(4)(a) From among its members, the council shall annually
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elect a chair, who shall preside over the meetings of the
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council, and a vice chair.
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(b) In conducting its meetings, the council shall use
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accepted rules of procedure. The department must keep a complete
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record of each meeting showing the names of members present and
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the actions taken. These records and other documents regarding
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matters within the jurisdiction of the council must be kept on
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file with the department.
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(5) The members of the council shall serve without
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compensation, but are entitled to reimbursement of travel and per
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diem expenses under s. 112.061.
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(6) The department shall provide administrative and staff
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support services relating to the functions of the council.
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(7) The council shall review the rules adopted by the
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department to administer this chapter and shall advise the
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department on matters relating to industry standards and
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practices and other issues that require technical expertise and
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consultation or that promote better consumer protection in the
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wrecker industry.
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508.103 Rulemaking authority.--The department may adopt
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508.105 Registration requirements; renewal of
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registrations.--
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(1) Each wrecker company engaged or attempting to engage
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for hire in the business of towing, carrying, or transporting
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vehicles or vessels by wrecker upon the streets and highways of
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this state must annually register with the department on forms
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prescribed by the department. The application for registration
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must include at least the following information:
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(a) The name and federal employer identification number of
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the wrecker company.
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(b) The mailing address, physical address, and telephone
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number of the wrecker company's primary place of business.
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(c) The fictitious name under which the wrecker company
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transacts business in this state.
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(d) The full name, residence address, business address, and
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telephone number of the applicant. If the applicant is other than
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a natural person, the application must also contain the full
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name, residence address, business address, telephone number, and
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federal employer identification number, if applicable, of each
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ultimate equitable owner of the business entity and each officer,
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director, partner, manager, member, or managing member of the
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entity.
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(e) If the applicant is other than a natural person, the
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full name of the business entity's registered agent and the
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address of the registered office for service of process.
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(f) The physical address and telephone number of each
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business location and each storage facility where the wrecker
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company stores towed vehicles or vessels.
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(2) Each initial and renewal application for registration
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must be accompanied by the registration fee prescribed in s.
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508.116.
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(3) Each initial application for registration must be
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accompanied by a complete set of the applicant's fingerprints
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taken by a law enforcement agency. If the applicant is other than
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a natural person, a complete set of fingerprints must be filed
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for each ultimate equitable owner of the business entity and each
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officer, director, partner, manager, member, or managing member
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of the entity. The Department of Agriculture and Consumer
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Services shall collect from each applicant the fingerprint
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processing fee of $15 for state processing and an additional fee
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for national processing for each application submitted. The
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department shall submit the fingerprints to the Department of Law
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Enforcement for state processing, and the Department of Law
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Enforcement shall forward the fingerprints to the Federal Bureau
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of Investigation for national processing. The Department of
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Agriculture and Consumer Services shall screen background results
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to determine whether the applicant meets the requirements for
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issuance of a registration certificate. Registration renewal
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applications need not be accompanied by a set of fingerprints for
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an individual who previously submitted a set of fingerprints to
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the department as part of a prior year's registration
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application.
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(4) The department shall review each application in
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accordance with s. 120.60 and shall issue a registration
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certificate, in the form and size prescribed by the department,
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to each wrecker company whose application is approved. The
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certificate must show at least the name and address of the
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wrecker company and the registration number. The registration
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certificate must be prominently displayed in the wrecker
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company's primary place of business.
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(5) Each advertisement of a wrecker company must include
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the phrase "Fla. Wrecker Co. Reg. No." For the purpose of this
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subsection, the term "advertisement" means a printed or graphic
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statement made in a newspaper or other publication or contained
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in any notice, handbill, or sign, including signage on a vehicle,
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flyer, catalog, or letter.
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(6) A registration is invalid for a wrecker company
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transacting business at a place other than the location specified
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in the registration application unless the department is first
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notified in writing before the change of location. A registration
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issued under this chapter is not transferable or assignable, and
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a wrecker company may not conduct business under a name other
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than the name registered. A wrecker company desiring to change
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its registered name, location, or registered agent for service of
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process at a time other than upon renewal of registration must
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notify the department of the change.
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(7)(a) Each registration must be renewed annually on or
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before the expiration date of the current registration. A late
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fee of $25 must be paid, in addition to the registration fee or
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any other penalty, for a registration renewal application that is
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received by the department after the expiration date of the
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current registration. The department may not issue a registration
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until all fees are paid.
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(b) A wrecker company whose primary place of business is
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located within a county or municipality that requires, by local
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ordinance, a local business tax receipt under chapter 205 may not
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renew a registration under this chapter unless the wrecker
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company obtains the business tax receipt from the county or
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municipality.
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(8) Each wrecker company must provide the department with a
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certificate of insurance for the insurance coverage required
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under s. 627.7415 before the department may issue the certificate
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for an initial or renewal registration. The department must be
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named as a certificateholder on the insurance certificate and
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must be notified at least 30 days before any change in insurance
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coverage.
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(9) The department shall notify the Department of Highway
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Safety and Motor Vehicles when a registration issued under this
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chapter has been suspended or revoked by order of the department.
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Notification must be sent within 10 days after the department
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issues the suspension or revocation order.
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508.106 Denial of registration.--The department may deny,
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revoke, or refuse to renew the registration of a wrecker company
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based upon a determination that the applicant or, if the
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applicant is other than a natural person, the wrecker company or
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any of its ultimate equitable owners, officers, directors,
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partners, managers, members, or managing members has:
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(1) Not met the requirements for registration under this
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chapter;
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(2) Been convicted or found guilty of, regardless of
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adjudication, or pled guilty or nolo contendere to, a felony
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within the last 10 years;
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(3) Been convicted or found guilty of, regardless of
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adjudication, or pled guilty or nolo contendere to, a crime
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within the last 10 years involving repossession of a motor
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vehicle under chapter 493, repair of a motor vehicle under ss.
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carjacking under s. 812.133, operation of a chop shop under s.
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812.16, failure to maintain records of motor vehicle parts and
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accessories under s. 860.14, violations relating to airbags under
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for repairs and parts under s. 860.15, or a violation of towing
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or storage requirements for a motor vehicle under this chapter,
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(4) Not satisfied a civil fine or penalty arising out of an
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administrative or enforcement action brought by the department,
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another governmental agency, or a private person based upon
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conduct involving a violation of this chapter;
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(5) Pending against him or her a criminal, administrative,
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or enforcement proceeding in any jurisdiction based upon conduct
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involving a violation of this chapter; or
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.
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
816
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
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
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.
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
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
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.
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,
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.
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
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.
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,
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
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
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
1674
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,
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.
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
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,
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
2090
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.