Florida Senate - 2016 SB 1510 By Senator Hutson 6-01138B-16 20161510__ 1 A bill to be entitled 2 An act relating to the advertisement of vehicle and 3 vessel purchasing; creating s. 320.276, F.S.; 4 providing definitions; requiring a motor vehicle 5 dealer who advertises the purchase of vehicles or 6 vessels to display specified information on the sign 7 or advertisement; providing penalties; creating s. 8 323.003, F.S.; prohibiting an unlicensed motor vehicle 9 dealer or unregistered secondary metals recycler from 10 dispatching a wrecker, tow truck, trailer, dolly, or 11 other vehicle in response to an advertisement for the 12 purchase of a vehicle or vessel; providing penalties; 13 providing for impoundment of the wrecker, tow truck, 14 trailer, dolly, or other vehicle under certain 15 circumstances; providing for cost recovery fines and 16 fees; providing an exception; providing applicability; 17 creating s. 538.2155, F.S.; providing definitions; 18 requiring a secondary metals recycler who advertises 19 the purchase of vehicles or vessels to display 20 specified information on the sign or advertisement; 21 amending s. 538.23, F.S.; providing penalties; 22 providing an effective date. 23 24 Be It Enacted by the Legislature of the State of Florida: 25 26 Section 1. Section 320.276, Florida Statutes, is created to 27 read: 28 320.276 Advertisement of the purchase of vehicles and 29 vessels.— 30 (1) As used in this section, the term: 31 (a) “Advertise” means the act of producing advertisements 32 in any form, by way of any medium, to the public. 33 (b) “Physical address” means a mailing address that 34 includes a zip code and which details the physical location of 35 the motor vehicle dealer. The term does not include a post 36 office box, private mail drop box, or e-mail address. 37 (2)(a) A motor vehicle dealer who advertises on a permanent 38 or temporary sign the purchase of vehicles or vessels shall 39 clearly and conspicuously disclose his or her motor vehicle 40 dealer license number on the sign. 41 (b) A motor vehicle dealer who advertises in a newspaper, 42 on a website, or through an online service the purchase of 43 vehicles or vessels shall clearly and conspicuously disclose his 44 or her true and correct company name, physical address, 45 telephone number, and motor vehicle dealer license number on the 46 advertisement. 47 (3)(a) A licensed motor vehicle dealer who advertises in 48 violation of subsection (2) commits a misdemeanor of the second 49 degree, punishable as provided in s. 775.082 or s. 775.083. 50 (b) A person required to be licensed as a motor vehicle 51 dealer under s. 320.27, but who is not licensed, and who 52 advertises in violation of subsection (2) commits a misdemeanor 53 of the first degree, punishable as provided in s. 775.082 or s. 54 775.083. 55 Section 2. Section 323.003, Florida Statutes, is created to 56 read: 57 323.003 Purchase of vehicle or vessel by unlicensed motor 58 vehicle dealer or unregistered secondary metals recycler; 59 dispatch of wrecker or tow truck; penalties; impoundment.— 60 (1) A person required to be licensed as a motor vehicle 61 dealer under s. 320.27, or registered as a secondary metals 62 recycler under s. 538.25, but who is not licensed or registered 63 may not dispatch or send a wrecker, tow truck, trailer, dolly, 64 or other vehicle in response to a sign or advertisement for the 65 purchase of a vehicle or vessel as described in s. 320.276 or s. 66 538.2155. 67 (2) A person who violates subsection (1) commits a 68 misdemeanor of the first degree, punishable as provided in s. 69 775.082 or s. 775.083, and the person’s wrecker, tow truck, 70 trailer, dolly, or other vehicle that was used during the 71 offense may be immediately removed and impounded pursuant to 72 subsection (3). 73 (3) A law enforcement officer from any local governmental 74 agency or state law enforcement agency may cause to be 75 immediately removed and impounded, at the owner’s expense, a 76 wrecker, tow truck, trailer, dolly, or other vehicle that is 77 used to respond to the sign or advertisement posted by a person 78 required to be licensed as a motor vehicle dealer under s. 79 320.27, or registered as a secondary metals recycler under s. 80 538.25, but who is not licensed or registered. The owner shall 81 additionally be assessed a cost recovery fine as provided in 82 subsection (5) by the authority that ordered the removal and 83 impoundment. The impounded wrecker, tow truck, trailer, dolly, 84 or other vehicle must be stored at an authorized law enforcement 85 impound facility and may not be released from such facility 86 before a release form is completed by the authority that ordered 87 the removal and impoundment which verifies that the cost 88 recovery fine has been paid to the authority. Except as provided 89 in subsection (4), the vehicle must remain impounded until the 90 fine is paid or until the vehicle is sold at public sale 91 pursuant to s. 713.78(6). 92 (4) The owner of a vehicle impounded under this section may 93 request a hearing within 10 business days after the impoundment. 94 If, at the hearing, the owner shows that he or she had no 95 knowledge that the vehicle was being used in violation of this 96 section, the vehicle shall be released to the owner without 97 payment of the fine under subsection (5) or charges under 98 subsection (6). 99 (5) Notwithstanding any other provision of law, and in 100 addition to any other penalties that may be imposed for 101 noncriminal violations, a wrecker, tow truck, or other vehicle 102 operator subject to a cost recovery fine under this section 103 shall pay $500 for a first violation of subsection (1) or a fine 104 of $1,000 for each subsequent violation of subsection (1) to the 105 authority that ordered the removal and impoundment of the 106 wrecker, tow truck, trailer, dolly, or other vehicle upon 107 retrieval of such wrecker, tow truck, trailer, dolly, or other 108 vehicle. Cost recovery fines collected under this section shall 109 be retained by the authority that ordered the removal and 110 impoundment and may be used only for enforcement, investigation, 111 prosecution, and training related to towing violations, salvage 112 vehicle violations, or crimes involving vehicle or vessel theft 113 or fraud. 114 (6) Notwithstanding any other provision of law and in 115 addition to the cost recovery fine required by this section, a 116 person who violates subsection (1) shall pay the fees associated 117 with the removal and storage of the unauthorized wrecker, tow 118 truck, trailer, dolly, or other motor vehicle. 119 (7) This section does not apply to a vehicle or vessel 120 towed or removed pursuant to s. 715.07. 121 Section 3. Section 538.2155, Florida Statutes, is created 122 to read: 123 538.2155 Advertisement of the purchase of vehicles and 124 vessels.— 125 (1) As used in this section, the term: 126 (a) “Advertise” means the act of producing advertisements 127 in any form, by way of any medium, to the public. 128 (b) “Physical address” means a mailing address that 129 includes a zip code and which details the physical location of 130 the secondary metals recycler. The term does not include a post 131 office box, private mail drop box, or e-mail address. 132 (2) A secondary metals recycler who advertises on a 133 permanent or temporary sign the purchase of vehicles or vessels 134 shall clearly and conspicuously disclose his or her secondary 135 metals recycler registration number on the sign. 136 (3) A secondary metals recycler who advertises in a 137 newspaper, on a website, or through an online service the 138 purchase of vehicles or vessels shall clearly and conspicuously 139 disclose his or her true and correct company name, physical 140 address, telephone number, and secondary metals recycler 141 registration number on the advertisement. 142 Section 4. Subsection (6) is added to section 538.23, 143 Florida Statutes, to read: 144 538.23 Violations and penalties.— 145 (6)(a) A registered secondary metals recycler who 146 advertises in violation of s. 538.2155 commits a misdemeanor of 147 the second degree, punishable as provided in s. 775.082 or s. 148 775.083. 149 (b) A person required to register with the department as a 150 secondary metals recycler under s. 538.25, but who is not 151 registered, and who advertises in violation of s. 538.2155 152 commits a misdemeanor of the first degree, punishable as 153 provided in s. 775.082 or s. 775.083. 154 Section 5. This act shall take effect July 1, 2016.