Florida Senate - 2023                          SENATOR AMENDMENT
       Bill No. CS/CS/HB 1085, 1st Eng.
       
       
       
       
       
       
                                Ì424566?Î424566                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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       Senator Perry moved the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Between lines 1618 and 1619
    4  insert:
    5         Section 33. Subsection (5) is added to section 321.051,
    6  Florida Statutes, to read:
    7         321.051 Florida Highway Patrol wrecker operator system;
    8  penalties for operation outside of system.—
    9         (5) The Division of the Florida Highway Patrol may not
   10  exclude a wrecker operator from the wrecker operator system or
   11  fail to designate him or her as an authorized wrecker operator
   12  based solely on a prior felony conviction unless such conviction
   13  is for a forcible felony as defined in s. 776.08 or a felony
   14  specified in s. 812.014(2)(c)6. or s. 812.16(2).
   15         Section 34. Subsection (10) of section 713.78, Florida
   16  Statutes, is amended, and subsection (18) is added to that
   17  section, to read:
   18         713.78 Liens for recovering, towing, or storing vehicles
   19  and vessels.—
   20         (10) Persons who provide services pursuant to this section
   21  shall permit vehicle or vessel owners, including rental vehicle
   22  or vessel owners, lienholders, insurance company
   23  representatives, or their agents, which agency is evidenced by
   24  an agency agreement or a photocopy thereof an original writing
   25  acknowledged by the owner before a notary public or other person
   26  empowered by law to administer oaths, to inspect the towed
   27  vehicle or vessel during normal business hours within 30 minutes
   28  after their arrival at the site where the vehicle or vessel is
   29  stored and shall release to the owner, lienholder, or agent the
   30  vehicle, vessel, or all personal property not affixed to the
   31  vehicle or vessel which was in the vehicle or vessel at the time
   32  the vehicle or vessel came into the custody of the person
   33  providing such services. A rental vehicle or vessel agreement is
   34  not evidence that the person who rented the vehicle or vessel is
   35  an agent of the rental vehicle or vessel owner. Persons who
   36  provide services pursuant to this section shall accept a
   37  photocopy of a contract, an electronic certificate of title, or
   38  a paper certificate of title as evidence of a person’s interest
   39  in a vehicle or vessel.
   40         (18)(a) A person who provides services pursuant to this
   41  section shall accept payment for accrued charges from an
   42  authorized person listed in subsection (10) in any form from a
   43  minimum of two of the following subparagraphs:
   44         1. Cash, cashier’s check, money order, or traveler’s check.
   45         2. Bank, debit, or credit card.
   46         3. Mobile payment service, digital wallet, or other
   47  electronic payment system.
   48         (b) An authorized person as specified in subsection (10) is
   49  not required to present more than one form of current
   50  government-issued photographic identification when payment is
   51  made in any form listed in paragraph (a). Presenting one form of
   52  current government-issued photographic identification
   53  constitutes sufficient identity verification for the purposes of
   54  this subsection.
   55  
   56  ================= T I T L E  A M E N D M E N T ================
   57  And the title is amended as follows:
   58         Between lines 150 - 151
   59  insert:
   60         amending s. 321.051, F.S.; prohibiting the Division of
   61         the Florida Highway Patrol of the department from
   62         excluding certain wrecker operators from the wrecker
   63         operator system or from failing to designate certain
   64         wrecker operators as authorized wrecker operators;
   65         providing exceptions; amending s. 713.78, F.S.;
   66         revising the list of persons authorized to inspect a
   67         towed vehicle or vessel; revising the documentation
   68         that constitutes evidence of agency; specifying the
   69         time period during which inspections must be allowed;
   70         requiring a person who recovers, tows, or stores a
   71         vehicle or vessel to accept certain documentation as
   72         evidence of interest and to accept payment from
   73         certain persons in certain forms; specifying what form
   74         of identification constitutes sufficient verification
   75         of a person’s identity for certain purposes;