Florida Senate - 2013 SENATOR AMENDMENT
Bill No. CS for CS for SB 1458
Barcode 688684
LEGISLATIVE ACTION
Senate . House
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Floor: WD .
04/26/2013 08:32 AM .
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Senator Brandes moved the following:
1 Senate Amendment (with title amendment)
2
3 Delete lines 3615 - 3688
4 and insert:
5 Section 53. Subsections (2) and (3) of section 323.002,
6 Florida Statutes, are amended to read:
7 323.002 County and municipal wrecker operator systems;
8 penalties for operation outside of system.—
9 (2) In any county or municipality that operates a wrecker
10 operator system:
11 (a) It is unlawful for an unauthorized wrecker operator or
12 its employees or agents to monitor police radio for
13 communications between patrol field units and the dispatcher in
14 order to determine the location of a wrecked or disabled vehicle
15 for the purpose of driving by the scene of such vehicle in a
16 manner described in paragraph (b) or paragraph (c). Any person
17 who violates this paragraph commits is guilty of a noncriminal
18 violation, punishable as provided in s. 775.083, and the
19 person’s wrecker, tow truck, or other motor vehicle that was
20 used during the offense may be immediately removed and impounded
21 pursuant to subsection (3).
22 (b) It is unlawful for an unauthorized wrecker operator to
23 drive by the scene of a wrecked or disabled vehicle before the
24 arrival of an authorized wrecker operator, initiate contact with
25 the owner or operator of such vehicle by soliciting or offering
26 towing services, and tow such vehicle. Any person who violates
27 this paragraph commits is guilty of a misdemeanor of the second
28 degree, punishable as provided in s. 775.082 or s. 775.083, and
29 the person’s wrecker, tow truck, or other motor vehicle that was
30 used during the offense may be immediately removed and impounded
31 pursuant to subsection (3).
32 (c) When an unauthorized wrecker operator drives by the
33 scene of a wrecked or disabled vehicle and the owner or operator
34 initiates contact by signaling the wrecker operator to stop and
35 provide towing services, the unauthorized wrecker operator must
36 disclose in writing to the owner or operator of the vehicle his
37 or her full name and driver license number, that he or she is
38 not the authorized wrecker operator who has been designated as
39 part of the wrecker operator system, that the motor vehicle is
40 not being towed for the owner’s or operator’s insurance company
41 or lienholder, whether he or she has in effect an insurance
42 policy providing at least $300,000 of liability insurance and at
43 least $50,000 of on-hook cargo insurance, and the maximum must
44 disclose, in writing, a fee schedule that includes what charges
45 for towing and storage which will apply before the vehicle is
46 connected to or disconnected from the towing apparatus. The
47 unauthorized wrecker operator must also provide a copy of the
48 disclosure to the owner or operator in the presence of a law
49 enforcement officer if such officer is at the scene of a motor
50 vehicle accident, the fee charged per mile to and from the
51 storage facility, the fee charged per 24 hours of storage, and,
52 prominently displayed, the consumer hotline for the Department
53 of Agriculture and Consumer Services. Any person who violates
54 this paragraph commits is guilty of a misdemeanor of the second
55 degree, punishable as provided in s. 775.082 or s. 775.083, and
56 the person’s wrecker, tow truck, or other motor vehicle that was
57 used during the offense may be immediately removed and impounded
58 pursuant to subsection (3).
59
60
61 ================= T I T L E A M E N D M E N T ================
62 And the title is amended as follows:
63 Delete lines 259 - 260
64 and insert:
65 323.002, F.S.; providing that an unauthorized