Florida Senate - 2013                          SENATOR AMENDMENT
       Bill No. CS/CS/HB 7125, 1st Eng.
       
       
       
       
       
       
                                Barcode 651454                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                                       .                                
                                       .                                
                                       .                                
               Floor: 1z/RE/2R         .                                
             05/02/2013 07:41 AM       .                                
       —————————————————————————————————————————————————————————————————




       —————————————————————————————————————————————————————————————————
       Senator Brandes moved the following:
       
    1         Senate Amendment to Amendment (218538) (with title
    2  amendment)
    3  
    4         Delete lines 3280 - 3401
    5  and insert:
    6         Section 53. Subsection (2) of section 323.002, Florida
    7  Statutes, is amended, to read:
    8         323.002 County and municipal wrecker operator systems;
    9  penalties for operation outside of system.—
   10         (2) In any county or municipality that operates a wrecker
   11  operator system:
   12         (a) It is unlawful for an unauthorized wrecker operator or
   13  its employees or agents to monitor police radio for
   14  communications between patrol field units and the dispatcher in
   15  order to determine the location of a wrecked or disabled vehicle
   16  for the purpose of driving by the scene of such vehicle in a
   17  manner described in paragraph (b) or paragraph (c). Any person
   18  who violates this paragraph commits is guilty of a noncriminal
   19  violation, punishable as provided in s. 775.083.
   20         (b) It is unlawful for an unauthorized wrecker operator to
   21  drive by the scene of a wrecked or disabled vehicle before the
   22  arrival of an authorized wrecker operator, initiate contact with
   23  the owner or operator of such vehicle by soliciting or offering
   24  towing services, and tow such vehicle. Any person who violates
   25  this paragraph commits is guilty of a misdemeanor of the second
   26  degree, punishable as provided in s. 775.082 or s. 775.083.
   27  (c) When an unauthorized wrecker operator drives by the scene of
   28  a wrecked or disabled vehicle and the owner or operator
   29  initiates contact by signaling the wrecker operator to stop and
   30  provide towing services, the unauthorized wrecker operator must
   31  disclose in writing to the owner or operator of the vehicle his
   32  or her full name and driver license number, that he or she is
   33  not the authorized wrecker operator who has been designated as
   34  part of the wrecker operator system, that the motor vehicle is
   35  not being towed for the owner’s or operator’s insurance company
   36  or lienholder, whether he or she has in effect an insurance
   37  policy providing at least $300,000 of liability insurance and at
   38  least $50,000 of on-hook cargo insurance, and the maximum must
   39  disclose, in writing, a fee schedule that includes what charges
   40  for towing and storage which will apply before the vehicle is
   41  connected to or disconnected from the towing apparatus., the fee
   42  charged per mile to and from the storage facility, the fee
   43  charged per 24 hours of storage, and, prominently displayed, the
   44  consumer hotline for the Department of Agriculture and Consumer
   45  Services. Any person who violates this paragraph commits is
   46  guilty of a misdemeanor of the second degree, punishable as
   47  provided in s. 775.082 or s. 775.083.
   48  
   49  ================= T I T L E  A M E N D M E N T ================
   50         And the title is amended as follows:
   51         Delete lines 4872 - 4896
   52  and insert:
   53         323.002, F.S.,; requiring an unauthorized wrecker
   54         operator disclose in writing to the owner or operator
   55         of a disabled motor vehicle certain information;