HB 0341

1	A bill to be entitled
2	An act relating to wrecker services; amending s. 120.80,
3	F.S.; exempting hearings of the Division of the Florida
4	Highway Patrol concerning the wrecker allocation system
5	from requirements of ch. 120, F.S.; creating s. 205.1975,
6	F.S.; prohibiting a county or municipality from issuing or
7	renewing a license for a wrecker company that is not in
8	compliance with the requirements of the act; amending s.
9	316.530, F.S., relating to traffic control; conforming
10	provisions to changes made by the act; reenacting s.
11	316.550(4), F.S., relating to special wrecker permits, to
12	incorporate the amendment to s. 320.01, F.S., in
13	references thereto; amending s. 316.605, F.S.; providing
14	requirements for licensing wreckers and other vehicles;
15	amending s. 320.01, F.S.; redefining the term "wrecker"
16	for purposes of the Florida Statutes; amending ss. 320.03
17	and 320.0706, F.S., relating to motor vehicle registration
18	and license plates; conforming provisions to changes made
19	by the act; reenacting s. 320.08(5)(d) and (e), F.S.,
20	relating to license taxes, to incorporate the amendment to
21	s. 320.01, F.S., in references thereto; amending s.
22	320.0821, F.S.; revising requirements for the issuance of
23	wrecker license plates; amending s. 320.13, F.S., relating
24	to dealer license plates; conforming provisions to changes
25	made by the act; amending s. 321.051, F.S.; providing
26	definitions; requiring the Division of the Florida Highway
27	Patrol within the Department of Highway Safety and Motor
28	Vehicles to establish a wrecker allocation system;
29	providing requirements for the system; authorizing the
30	division to set maximum rates for towing and storage of
31	vehicles; prohibiting an unauthorized wrecker company from
32	monitoring a police radio or engaging in other activities;
33	providing penalties; providing requirements for
34	dispatching wreckers; amending s. 323.001, F.S., relating
35	to wrecker company storage facilities; providing
36	definitions; providing procedures for a law enforcement
37	agency to place a hold on a stored vehicle; providing for
38	payment of towing and storage charges; amending s.
39	323.002, F.S.; providing definitions; providing
40	requirements for a county or municipality that operates a
41	wrecker allocation system; providing requirements for the
42	system; prohibiting an unauthorized wrecker company from
43	monitoring a police radio or engaging in other activities;
44	providing penalties; providing requirements for
45	dispatching wreckers; creating ch. 508, F.S.; providing
46	definitions; creating the Wrecker Operator Advisory
47	Council within the Department of Agriculture and Consumer
48	Services; providing for membership and terms; providing
49	for reimbursement for travel and per diem expenses;
50	requiring the council to advise the department on matters
51	relating to standards and practices in the wrecker
52	industry; authorizing the department to adopt rules;
53	requiring wrecker companies to register with the
54	department; providing requirements for registration
55	renewal; providing requirements for advertisements;
56	requiring insurance coverage; requiring the department to
57	notify the Department of Highway Safety and Motor Vehicles
58	when a registration has been suspended or revoked;
59	authorizing the department to deny registration under
60	certain circumstances; specifying acceptable forms of
61	payment; establishing a certification program for wrecker
62	operators; requiring the department to approve courses and
63	organizations; providing requirements for examinations;
64	providing for certification in specialized wrecker
65	services; requiring the department to adopt rules;
66	providing for certification cards to be issued to wrecker
67	operators who complete the certification course and pass
68	the examination; prohibiting the performance of wrecker
69	services after a specified date unless the company is
70	registered and obtains certification as required;
71	authorizing the department to inspect employment records;
72	providing requirements for continuing education;
73	specifying prohibited acts; providing administrative,
74	civil, and criminal penalties; providing for registration
75	fees; providing for deposit of fees, penalties, and other
76	funds; providing that the chapter does not apply to
77	recovery agents; authorizing counties and municipalities
78	to enact ordinances governing wrecker operators; requiring
79	that a wrecker company maintain records of its services
80	for a specified time; requiring a wrecker company to keep
81	records of its operators continuing education courses for
82	a specified time; directing organizations that conduct
83	continuing education courses to keep records for a
84	specified time; amending s. 713.78, F.S., relating to
85	liens for recovering, towing, or storing vehicles and
86	vessels; providing definitions; conforming provisions to
87	changes made by the act; providing for attorney's fees to
88	be awarded to the prevailing party for a frivolous claim
89	of wrongful taking or claim of lien; providing immunity
90	from liability for a wrecker company, its operators, and
91	other employees or agents if services are performed with
92	reasonable care or for complying with the directions of a
93	law enforcement officer; providing for the owner of a
94	vehicle or vessel to dispute a claim of lien by a wrecker
95	company based on a record of sale; clarifying that the
96	amendments made by the act do not affect the validity of
97	prior liens; creating s. 713.785, F.S.; authorizing the
98	imposition of lien by a mobile home transport company for
99	recovering, towing, or storing a mobile home; providing
100	definitions; requiring a mobile home transport company to
101	provide notice of recovery, towing, or storage services;
102	providing for the filing of a complaint; providing
103	procedures for the sale of an unclaimed mobile home;
104	specifying circumstances under which a mobile home
105	transport company must obtain a certificate of
106	destruction; providing for fees; authorizing the
107	department to adopt rules; providing for fees; providing
108	for issuing certificates of destruction and revalidation
109	stickers; providing procedures for disputing a lien and
110	for discharge of a lien; providing for the posting and
111	repayment of surety; providing for criminal penalties;
112	amending s. 319.30, F.S.; redefining the term "certificate
113	of destruction," to conform; amending s. 713.69, F.S.,
114	relating to circumstances in which it is unlawful to
115	remove property upon which a lien has accrued, to conform;
116	amending s. 715.07, F.S., relating to the towing of
117	vehicles and vessels parked on real property without
118	permission; providing definitions; providing for the
119	towing and removal of vehicles and vessels under certain
120	circumstances; conforming provisions to changes made by
121	the act; providing requirements for towing and storage;
122	prohibiting a property owner from soliciting a wrecker
123	company for a rebate for the privilege of removing
124	vehicles from the owner's property; providing immunity
125	from liability for a wrecker company, its operators, and
126	other employees or agents if services are performed with
127	reasonable care; providing that failure to comply with
128	notice requirements precludes a wrecker company from
129	imposing certain towing or storage charges; providing
130	penalties; repealing s. 1.01(15), F.S., relating to the
131	definition of the term "wrecker operator"; providing an
132	appropriation and authorizing additional positions;
133	providing effective dates.
134
135	Be It Enacted by the Legislature of the State of Florida:
136
137	Section 1.  Effective January 1, 2006, paragraph (b) of
138	subsection (8) of section 120.80, Florida Statutes, is amended
139	to read:
140	120.80  Exceptions and special requirements; agencies.--
141	(8)  DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES.--
142	(b)  Wrecker companies operators.--Notwithstanding s.
143	120.57(1)(a), hearings held by the Division of the Florida
144	Highway Patrol of the Department of Highway Safety and Motor
145	Vehicles to deny, suspend, or remove a wrecker company operator
146	from participating in the wrecker allocation rotation system
147	established under by s. 321.051 need not be conducted by an
148	administrative law judge assigned by the division. These
149	hearings shall be held by a hearing officer appointed by the
150	director of the Division of the Florida Highway Patrol.
151	Section 2.  Effective January 1, 2006, section 205.1975,
152	Florida Statutes, is created to read:
153	205.1975  Wrecker companies; consumer protection.--A county
154	or municipality may not issue or renew an occupational license
155	for the operation of a wrecker company under chapter 508 unless
156	the wrecker company exhibits a current registration from the
157	Department of Agriculture and Consumer Services.
158	Section 3.  Subsection (3) of section 316.530, Florida
159	Statutes, is amended to read:
160	316.530  Towing requirements.--
161	(3)  Whenever a motor vehicle becomes disabled upon the
162	highways of this state and a wrecker or tow truck is required to
163	remove it to a repair shop or other appropriate location, if the
164	combined weights of those two vehicles and the loads thereon
165	exceed the maximum allowable weights as established by s.
166	316.535, no penalty shall be assessed either vehicle or driver.
167	However, this exception shall not apply to the load limits for
168	bridges and culverts established by the department as provided
169	in s. 316.555.
170	Section 4.  For the purpose of incorporating the amendment
171	made by this act to section 320.01, Florida Statutes, in a
172	reference thereto, subsection (4) of section 316.550, Florida
173	Statutes, is reenacted to read:
174	316.550  Operations not in conformity with law; special
175	permits.--
176	(4)(a)  The Department of Transportation may issue a
177	wrecker special blanket permit to authorize a wrecker as defined
178	in s. 320.01(40) to tow a disabled vehicle as defined in s.
179	320.01(38) where the combination of the wrecker and the disabled
180	vehicle being towed exceeds the maximum weight limits as
181	established by s. 316.535.
182	(b)  The Department of Transportation must supply the
183	permitted wrecker with a map showing the routes on which the
184	wrecker may safely tow disabled vehicles for all special permit
185	classifications for which the wrecker applies.
186	Section 5.  Subsection (1) of section 316.605, Florida
187	Statutes, is amended to read:
188	316.605  Licensing of vehicles.--
189	(1)  Every vehicle, at all times while driven, stopped, or
190	parked upon any highways, roads, or streets of this state, shall
191	be licensed in the name of the owner thereof in accordance with
192	the laws of this state unless such vehicle is not required by
193	the laws of this state to be licensed in this state and shall,
194	except as otherwise provided in s. 320.0706 for front-end
195	registration license plates on truck tractors or wreckers,
196	display the license plate or both of the license plates assigned
197	to it by the state, one on the rear and, if two, the other on
198	the front of the vehicle, each to be securely fastened to the
199	vehicle outside the main body of the vehicle in such manner as
200	to prevent the plates from swinging, with all letters, numerals,
201	printing, writing, and other identification marks upon the
202	plates clear and distinct and free from defacement, mutilation,
203	grease, and other obscuring matter, so that they will be plainly
204	visible and legible at all times 100 feet from the rear or
205	front. In addition, if only one registration plate is issued for
206	a motor vehicle that is equipped with a mechanical loading
207	device that may damage the plate, the plate may be attached to
208	the front of the vehicle. Nothing shall be placed upon the face
209	of a Florida plate except as permitted by law or by rule or
210	regulation of a governmental agency. No license plates other
211	than those furnished by the state shall be used.  However, if
212	the vehicle is not required to be licensed in this state, the
213	license plates on such vehicle issued by another state, by a
214	territory, possession, or district of the United States, or by a
215	foreign country, substantially complying with the provisions
216	hereof, shall be considered as complying with this chapter. A
217	government license plate that is issued to a truck tractor or
218	heavy truck having a gross vehicle weight of 26,001 pounds or
219	more which is owned by a governmental entity may be placed on
220	the front of the vehicle and is in compliance with this chapter.
221	A violation of this subsection is a noncriminal traffic
222	infraction, punishable as a nonmoving violation as provided in
223	chapter 318.
224	Section 6.  Subsection (40) of section 320.01, Florida
225	Statutes, is amended to read:
226	320.01  Definitions, general.--As used in the Florida
227	Statutes, except as otherwise provided, the term:
228	(40)  "Wrecker" means a tow truck or other any motor
229	vehicle that is used to tow, carry, or otherwise transport motor
230	vehicles or vessels upon the streets and highways of this state
231	and that is equipped for that purpose with a boom, winch, car
232	carrier, or other similar equipment.
233	Section 7.  Effective January 1, 2006, subsection (8) of
234	section 320.03, Florida Statutes, is amended to read:
235	320.03  Registration; duties of tax collectors;
236	International Registration Plan.--
237	(8)  If the applicant's name appears on the list referred
238	to in s. 316.1001(4), s. 316.1967(6), or s. 713.78(13), a
239	license plate or revalidation sticker may not be issued until
240	that person's name no longer appears on the list or until the
241	person presents a receipt from the clerk showing that the fines
242	outstanding have been paid. The tax collector and the clerk of
243	the court are each entitled to receive monthly, as costs for
244	implementing and administering this subsection, 10 percent of
245	the civil penalties and fines recovered from such persons. As
246	used in this subsection, the term "civil penalties and fines"
247	does not include a wrecker company's operator's lien as
248	described in s. 713.78(13). If the tax collector has private tag
249	agents, such tag agents are entitled to receive a pro rata share
250	of the amount paid to the tax collector, based upon the
251	percentage of license plates and revalidation stickers issued by
252	the tag agent compared to the total issued within the county.
253	The authority of any private agent to issue license plates shall
254	be revoked, after notice and a hearing as provided in chapter
255	120, if he or she issues any license plate or revalidation
256	sticker contrary to the provisions of this subsection. This
257	section applies only to the annual renewal in the owner's birth
258	month of a motor vehicle registration and does not apply to the
259	transfer of a registration of a motor vehicle sold by a motor
260	vehicle dealer licensed under this chapter, except for the
261	transfer of registrations which is inclusive of the annual
262	renewals. This section does not affect the issuance of the title
263	to a motor vehicle, notwithstanding s. 319.23(7)(b).
264	Section 8.  Section 320.0706, Florida Statutes, is amended
265	to read:
266	320.0706  Display of license plates on trucks.--The owner
267	of any commercial truck of gross vehicle weight of 26,001 pounds
268	or more shall display the registration license plate on both the
269	front and rear of the truck in conformance with all the
270	requirements of s. 316.605 that do not conflict with this
271	section. However, the owner of a truck tractor or a wrecker must
272	shall be required to display the registration license plate only
273	on the front of such vehicle.
274	Section 9.  For the purpose of incorporating the amendment
275	made by this act to section 320.01, Florida Statutes, in
276	references thereto, paragraphs (d) and (e) of subsection (5) of
277	section 320.08, Florida Statutes, are reenacted to read:
278	320.08  License taxes.--Except as otherwise provided
279	herein, there are hereby levied and imposed annual license taxes
280	for the operation of motor vehicles, mopeds, motorized bicycles
281	as defined in s. 316.003(2), and mobile homes, as defined in s.
282	320.01, which shall be paid to and collected by the department
283	or its agent upon the registration or renewal of registration of
284	the following:
285	(5)  SEMITRAILERS, FEES ACCORDING TO GROSS VEHICLE WEIGHT;
286	SCHOOL BUSES; SPECIAL PURPOSE VEHICLES.--
287	(d)  A wrecker, as defined in s. 320.01(40), which is used
288	to tow a vessel as defined in s. 327.02(36), a disabled,
289	abandoned, stolen-recovered, or impounded motor vehicle as
290	defined in s. 320.01(38), or a replacement motor vehicle as
291	defined in s. 320.01(39): $30 flat.
292	(e)  A wrecker, as defined in s. 320.01(40), which is used
293	to tow any motor vehicle, regardless of whether or not such
294	motor vehicle is a disabled motor vehicle as defined in s.
295	320.01(38), a replacement motor vehicle as defined in s.
296	320.01(39), a vessel as defined in s. 327.02(36), or any other
297	cargo, as follows:
298	1.  Gross vehicle weight of 10,000 pounds or more, but less
299	than 15,000 pounds:  $87 flat.
300	2.  Gross vehicle weight of 15,000 pounds or more, but less
301	than 20,000 pounds:  $131 flat.
302	3.  Gross vehicle weight of 20,000 pounds or more, but less
303	than 26,000 pounds:  $186 flat.
304	4.  Gross vehicle weight of 26,000 pounds or more, but less
305	than 35,000 pounds:  $240 flat.
306	5.  Gross vehicle weight of 35,000 pounds or more, but less
307	than 44,000 pounds:  $300 flat.
308	6.  Gross vehicle weight of 44,000 pounds or more, but less
309	than 55,000 pounds:  $572 flat.
310	7.  Gross vehicle weight of 55,000 pounds or more, but less
311	than 62,000 pounds:  $678 flat.
312	8.  Gross vehicle weight of 62,000 pounds or more, but less
313	than 72,000 pounds:  $800 flat.
314	9.  Gross vehicle weight of 72,000 pounds or more:  $979
315	flat.
316	Section 10.  Subsection (1) of section 320.0821, Florida
317	Statutes, is amended, and subsection (5) is added to that
318	section, to read:
319	320.0821  Wrecker license plates.--
320	(1)  The department shall issue one a wrecker license
321	plate, regardless of gross vehicle weight, to the owner of any
322	motor vehicle that is used to tow, carry, or otherwise transport
323	motor vehicles and that is equipped for that purpose with a
324	boom, winch, carrier, or other similar equipment, except a motor
325	vehicle registered under the International Registration Plan,
326	upon application and payment of the appropriate license tax and
327	fees in accordance with s. 320.08(5)(d) or (e).
328	(5)  A wrecker license plate must be displayed on the front
329	of such vehicle.
330	Section 11.  Effective January 1, 2006, subsection (1) of
331	section 320.0821, Florida Statutes, as amended by this act, is
332	amended to read:
333	320.0821  Wrecker license plates.--
334	(1)  The department shall issue one wrecker license plate,
335	regardless of gross vehicle weight, to the owner of a wrecker
336	any motor vehicle that is used to tow, carry, or otherwise
337	transport motor vehicles and that is equipped for that purpose
338	with a boom, winch, carrier, or other similar equipment, except
339	a motor vehicle registered under the International Registration
340	Plan, upon application and payment of the appropriate license
341	tax and fees in accordance with s. 320.08(5)(d) or (e). However,
342	the department may issue or renew a wrecker license plate only
343	if the owner of the wrecker is a wrecker company registered
344	under chapter 508. This section does not apply to a motor
345	vehicle registered under the International Registration Plan.
346	Section 12.  Paragraph (a) of subsection (1) of section
347	320.13, Florida Statutes, is amended to read:
348	320.13  Dealer and manufacturer license plates and
349	alternative method of registration.--
350	(1)(a)  Any licensed motor vehicle dealer and any licensed
351	mobile home dealer may, upon payment of the license tax imposed
352	by s. 320.08(12), secure one or more dealer license plates,
353	which are valid for use on motor vehicles or mobile homes owned
354	by the dealer to whom such plates are issued while the motor
355	vehicles are in inventory and for sale, or while being operated
356	in connection with such dealer's business, but are not valid for
357	use for hire. Dealer license plates may not be used on any tow
358	truck or wrecker as defined in s. 320.01 unless the tow truck or
359	wrecker is being demonstrated for sale, and the dealer license
360	plates may not be used on a vehicle used to transport another
361	motor vehicle for the motor vehicle dealer.
362	Section 13.  Effective January 1, 2006, section 321.051,
363	Florida Statutes, is amended to read:
364	(Substantial rewording of section. See
365	s. 321.051, F.S., for present text.)
366	321.051  Florida Highway Patrol wrecker allocation system;
367	penalties for operation outside of system.--
368	(1)  As used in this section, the term:
369	(a)  "Division" means the Division of the Florida Highway
370	Patrol within the Department of Highway Safety and Motor
371	Vehicles.
372	(b)  "Authorized wrecker company" means a wrecker company
373	designated by the division as part of its wrecker allocation
374	system.
375	(c)  "Unauthorized wrecker company" means a wrecker company
376	not designated by the division as part of its wrecker allocation
377	system.
378	(d)  "Wrecker company" has the same meaning ascribed in s.
379	508.01.
380	(e)  "Wrecker operator" has the same meaning ascribed in s.
381	508.01.
382	(f)  "Wrecker services" has the same meaning ascribed in s.
383	508.01.
384	(2)(a)  The division may establish within areas designated
385	by the division a wrecker allocation system, using qualified,
386	reputable wrecker companies, for the removal from crash scenes
387	and the storage of wrecked or disabled vehicles when the owner
388	or operator is incapacitated, unavailable, or leaves the
389	procurement of wrecker services to the officer at the scene and
390	for the removal and storage of abandoned vehicles.
391	(b)  The wrecker allocation system may use only wrecker
392	companies registered under chapter 508. Each reputable wrecker
393	company registered under chapter 508 is eligible for use in the
394	system if its equipment and wrecker operators meet the
395	recognized safety qualifications and mechanical standards set by
396	the division's rules for the size of vehicle they are designed
397	to handle. The division may limit the number of wrecker
398	companies participating in the wrecker allocation system.
399	(c)  The division may establish maximum rates for the
400	towing and storage of vehicles removed at the division's request
401	if those rates are not established by a county or municipality
402	under s. 125.0103 or s. 166.043. These rates are not rules for
403	the purpose of chapter 120; however, the Department of Highway
404	Safety and Motor Vehicles shall adopt rules prescribing the
405	procedures for setting these rates.
406	(d)  Notwithstanding chapter 120, a final order of the
407	department denying, suspending, or revoking a wrecker company's
408	participation in the wrecker allocation system may be appealed
409	only in the manner and within the time provided by the Florida
410	Rules of Appellate Procedure by a writ of certiorari issued by
411	the circuit court in the county in which the wrecker company's
412	primary place of business is located, as evidenced by the
413	wrecker company's registration under chapter 508.
414	(3)(a)  An unauthorized wrecker company, its wrecker
415	operators, or its other employees or agents may not monitor a
416	police radio for communications between patrol field units and
417	the dispatcher in order to determine the location of a wrecked
418	or disabled vehicle for the purpose of dispatching its wrecker
419	operator to drive by the scene of the vehicle in a manner
420	described in paragraph (b) or paragraph (c). Any person who
421	violates this paragraph commits a noncriminal violation,
422	punishable as provided in s. 775.083.
423	(b)  A wrecker operator dispatched by an unauthorized
424	wrecker company may not drive by the scene of a wrecked or
425	disabled vehicle before the arrival of the wrecker operator
426	dispatched by the authorized wrecker company, initiate contact
427	with the owner or operator of the vehicle by soliciting or
428	offering wrecker services, or tow the vehicle. Any person who
429	violates this paragraph commits a misdemeanor of the second
430	degree, punishable as provided in s. 775.082 or s. 775.083.
431	(c)  When a wrecker operator dispatched by an unauthorized
432	wrecker company drives by the scene of a wrecked or disabled
433	vehicle and the owner or operator initiates contact by signaling
434	the wrecker operator to stop and provide wrecker services, the
435	wrecker operator must disclose to the owner or operator of the
436	vehicle that he or she was not dispatched by the authorized
437	wrecker company designated as part of the wrecker allocation
438	system and must disclose, in writing, what charges for towing
439	and storage will apply before the vehicle is connected to the
440	towing apparatus. Any person who violates this paragraph commits
441	a misdemeanor of the second degree, punishable as provided in s.
442	775.082 or s. 775.083.
443	(d)  A wrecker operator may not falsely identify himself or
444	herself as being part of, or as being employed by a wrecker
445	company that is part of, the wrecker allocation system at the
446	scene of a wrecked or disabled vehicle. Any person who violates
447	this paragraph commits a misdemeanor of the first degree,
448	punishable as provided in s. 775.082 or s. 775.083.
449	(4)  This section does not prohibit, or in any way prevent,
450	the owner or operator of a vehicle involved in a crash or
451	otherwise disabled from contacting any wrecker company for the
452	provision of wrecker services, regardless of whether the wrecker
453	company is an authorized wrecker company or not. However, if a
454	law enforcement officer determines that the disabled vehicle or
455	vehicle cargo is a public safety hazard, the officer may, in the
456	interest of public safety, dispatch an authorized wrecker
457	company if the officer believes that the authorized wrecker
458	company would arrive at the scene before the wrecker company
459	requested by the owner or operator of the disabled vehicle or
460	vehicle cargo.
461	(5)  A law enforcement officer may dispatch an authorized
462	wrecker company out of rotation to the scene of a wrecked or
463	disabled vehicle if the authorized wrecker company next on
464	rotation is not equipped to provide the required wrecker
465	services and the out-of-rotation authorized wrecker company is
466	available with the required equipment. However, this subsection
467	does not prohibit or prevent the owner or operator of a vehicle
468	involved in a crash or otherwise disabled from contacting any
469	wrecker company who is properly equipped to provide the required
470	wrecker services, regardless of whether the wrecker company is
471	an authorized wrecker company or not, unless the law enforcement
472	officer determines that the wrecked or disabled vehicle is a
473	public safety hazard and the officer believes that the
474	authorized wrecker company would arrive at the scene before the
475	wrecker company requested by the owner or operator.
476	Section 14.  Effective January 1, 2006, section 323.001,
477	Florida Statutes, is amended to read:
478	(Substantial rewording of section. See
479	s. 323.001, F.S., for present text.)
480	323.001  Wrecker company storage facilities; vehicle
481	holds.--
482	(1)  As used in this section, the term:
483	(a)  "Business day" means a day other than a Saturday,
484	Sunday, or federal or state legal holiday.
485	(b)  "Wrecker company" has the same meaning ascribed in s.
486	508.01.
487	(2)  A law enforcement agency may place a hold on a motor
488	vehicle stored within a wrecker company's storage facility for 5
489	business days, thereby preventing a motor vehicle from being
490	released to its owner.
491	(3)  To extend a hold, the law enforcement agency must
492	notify the wrecker company in writing within the 5 business
493	days. If notification is not made within the 5 business days,
494	the wrecker company must release the vehicle to the designated
495	person under s. 713.78.
496	(a)  If the hold is extended beyond the 5 business days,
497	the law enforcement agency may have the vehicle removed to a
498	designated impound lot, in which event the vehicle may not be
499	released by the law enforcement agency to the owner or
500	lienholder of the vehicle until proof of payment of the towing
501	and storage charges incurred by the wrecker company is presented
502	to the law enforcement agency.
503	(b)  If the law enforcement agency chooses to have the
504	vehicle remain at the wrecker company's storage facility for
505	more than 5 business days under the written notification, the
506	law enforcement agency is responsible for paying the storage
507	charges incurred by the wrecker company for the requested
508	extended period. In such an event, the owner or lienholder is
509	responsible for paying the accrued towing and storage charges
510	for the first 5 business days, or any period less than the first
511	5 business days, if the law enforcement agency moves the vehicle
512	from the wrecker company's storage facility to a designated
513	impound lot or provides written notification to extend the hold
514	on the vehicle before the expiration of the 5 business days.
515	(c)  The towing and storage rates for the owner or
516	lienholder of the held vehicle may not exceed the rates for the
517	law enforcement agency.
518	(4)  If there is a judicial finding of no probable cause
519	for having continued the immobilization or impoundment, the law
520	enforcement agency ordering the hold must pay the accrued
521	charges for any towing and storage.
522	(5)  The requirements for a written hold apply when the
523	following conditions are present:
524	(a)  The law enforcement officer has probable cause to
525	believe that the vehicle should be seized and forfeited under
526	the Florida Contraband Forfeiture Act, ss. 932.701-932.707;
527	(b)  The law enforcement officer has probable cause to
528	believe that the vehicle should be seized and forfeited under
529	chapter 370 or chapter 372;
530	(c)  The law enforcement officer has probable cause to
531	believe that the vehicle was used as the means of committing a
532	crime;
533	(d)  The law enforcement officer has probable cause to
534	believe that the vehicle is itself evidence that tends to show
535	that a crime has been committed or that the vehicle contains
536	evidence, which cannot readily be removed, which tends to show
537	that a crime has been committed;
538	(e)  The law enforcement officer has probable cause to
539	believe that the vehicle was involved in a traffic accident
540	resulting in death or personal injury and should be sealed for
541	investigation and collection of evidence by a vehicular homicide
542	investigator;
543	(f)  The vehicle is impounded or immobilized under s.
544	316.193 or s. 322.34; or
545	(g)  The law enforcement officer is complying with a court
546	order.
547	(6)  The hold must be in writing and must specify:
548	(a)  The name and agency of the law enforcement officer
549	placing the hold on the vehicle.
550	(b)  The date and time the hold is placed on the vehicle.
551	(c)  A general description of the vehicle, including its
552	color, make, model, body style, and year; vehicle identification
553	number (VIN); registration license plate number, state, and
554	year; and validation sticker number, state, and year.
555	(d)  The specific reason for placing the hold.
556	(e)  The condition of the vehicle.
557	(f)  The location where the vehicle is being held.
558	(g)  The name, address, and telephone number of the wrecker
559	company and the storage facility.
560	(7)  A wrecker company's storage facility must comply with
561	a hold placed by a law enforcement officer, including
562	instructions for inside or outside storage. A wrecker company's
563	storage facility may not release a motor vehicle subject to a
564	hold to any person except as directed by the law enforcement
565	agency placing the hold.
566	(8)  When a vehicle owner is found guilty of, or pleads
567	nolo contendere to, the offense that resulted in a hold being
568	placed on his or her vehicle, regardless of the adjudication of
569	guilt, the owner must pay the accrued towing and storage charges
570	assessed against the vehicle.
571	Section 15.  Effective January 1, 2006, section 323.002,
572	Florida Statutes, is amended to read:
573	(Substantial rewording of section. See
574	s. 323.002, F.S., for present text.)
575	323.002  County and municipal wrecker allocation systems;
576	penalties for operation outside of system.--
577	(1)  As used in this section, the term:
578	(a)  "Authorized wrecker company" means a wrecker company
579	designated as part of the wrecker allocation system established
580	by the governmental unit having jurisdiction over the scene of a
581	wrecked or disabled vehicle.
582	(b)  "Unauthorized wrecker company" means a wrecker company
583	not designated as part of the wrecker allocation system
584	established by the governmental unit having jurisdiction over
585	the scene of a wrecked or disabled vehicle.
586	(c)  "Wrecker allocation system" means a system for the
587	towing or removal of wrecked, disabled, or abandoned vehicles,
588	similar to the Florida Highway Patrol wrecker allocation system
589	described in s. 321.051(2), under which a county or municipality
590	contracts with one or more wrecker companies registered under
591	chapter 508 for the towing or removal of wrecked, disabled, or
592	abandoned vehicles from accident scenes, streets, or highways.
593	Each wrecker allocation system must use a method for
594	apportioning the towing assignments among the eligible wrecker
595	companies through the creation of geographic zones, a rotation
596	schedule, or a combination of these methods.
597	(d)  "Wrecker company" has the same meaning ascribed in s.
598	508.01.
599	(e)  "Wrecker operator" has the same meaning ascribed in s.
600	508.01.
601	(f)  "Wrecker services" has the same meaning ascribed in s.
602	508.01.
603	(2)  In a county or municipality that operates a wrecker
604	allocation system:
605	(a)  The wrecker allocation system may only use wrecker
606	companies registered under chapter 508.
607	(b)  An unauthorized wrecker company, its wrecker
608	operators, or its other employees or agents may not monitor a
609	police radio for communications between patrol field units and
610	the dispatcher in order to determine the location of a wrecked
611	or disabled vehicle for the purpose of dispatching its wrecker
612	operator to drive by the scene of the vehicle in a manner
613	described in paragraph (c) or paragraph (d). Any person who
614	violates this paragraph commits a noncriminal violation,
615	punishable as provided in s. 775.083.
616	(c)  A wrecker operator dispatched by an unauthorized
617	wrecker company may not drive by the scene of a wrecked or
618	disabled vehicle before the arrival of the wrecker operator
619	dispatched by the authorized wrecker company, initiate contact
620	with the owner or operator of the vehicle by soliciting or
621	offering wrecker services, or tow the vehicle. Any person who
622	violates this paragraph commits a misdemeanor of the second
623	degree, punishable as provided in s. 775.082 or s. 775.083.
624	(d)  When a wrecker operator dispatched by an unauthorized
625	wrecker company drives by the scene of a wrecked or disabled
626	vehicle and the owner or operator initiates contact by signaling
627	the wrecker operator to stop and provide wrecker services, the
628	wrecker operator must disclose to the owner or operator of the
629	vehicle that he or she was not dispatched by the authorized
630	wrecker company designated as part of the wrecker allocation
631	system and must disclose, in writing, what charges for towing
632	and storage will apply before the vehicle is connected to the
633	towing apparatus. Any person who violates this paragraph commits
634	a misdemeanor of the second degree, punishable as provided in s.
635	775.082 or s. 775.083.
636	(e)  A wrecker operator may not falsely identify himself or
637	herself as being part of, or as being employed by a wrecker
638	company that is part of, the wrecker allocation system at the
639	scene of a wrecked or disabled vehicle. Any person who violates
640	this paragraph commits a misdemeanor of the first degree,
641	punishable as provided in s. 775.082 or s. 775.083.
642	(3)  This section does not prohibit, or in any way prevent,
643	the owner or operator of a vehicle involved in a crash or
644	otherwise disabled from contacting any wrecker company for the
645	provision of wrecker services, regardless of whether the wrecker
646	company is an authorized wrecker company or not. However, if a
647	law enforcement officer determines that the disabled vehicle or
648	vehicle cargo is a public safety hazard, the officer may, in the
649	interest of public safety, dispatch an authorized wrecker
650	company if the officer believes that the authorized wrecker
651	company would arrive at the scene before the wrecker company
652	requested by the owner or operator of the disabled vehicle or
653	vehicle cargo.
654	(4)  A law enforcement officer may dispatch an authorized
655	wrecker company out of rotation to the scene of a wrecked or
656	disabled vehicle if the authorized wrecker company next on
657	rotation is not equipped to provide the required wrecker
658	services and the out-of-rotation authorized wrecker company is
659	available with the required equipment. However, this subsection
660	does not prohibit or prevent the owner or operator of a vehicle
661	involved in a crash or otherwise disabled from contacting any
662	wrecker company that is properly equipped to provide the
663	required wrecker services, regardless of whether the wrecker
664	company is an authorized wrecker company or not, unless the law
665	enforcement officer determines that the wrecked or disabled
666	vehicle is a public safety hazard and the officer believes that
667	the authorized wrecker company would arrive at the scene before
668	the wrecker company requested by the owner or operator.
669	Section 16.  Chapter 508, Florida Statutes, consisting of
670	sections 508.01, 508.02, 508.03, 508.04, 508.05, 508.06,
671	508.061, 508.07, 508.08, 508.09, 508.10, 508.11, 508.12, 508.13,
672	508.14, 508.15, 508.16, 508.17, 508.18, 508.19, and 508.20, is
673	created to read:
674	CHAPTER 508
675	WRECKER SERVICES
676	508.01  Definitions.--As used in this chapter, the term:
677	(1)  "Business entity" means any form of corporation,
678	limited liability company, partnership, association,
679	cooperative, joint venture, business trust, sole proprietorship,
680	or self-employed person conducting business in this state.
681	(2)  "Council" means the Wrecker Operator Advisory Council.
682	(3)  "Department" means the Department of Agriculture and
683	Consumer Services.
684	(4)  "Specialized wrecker services" means those wrecker
685	services described in s. 508.08 for which a wrecker operator
686	must have an endorsement to perform those services.
687	(5)  "Ultimate equitable owner" means a natural person who,
688	directly or indirectly, owns or controls 10 percent or more of
689	an ownership interest in a wrecker company, regardless of
690	whether the natural person owns or controls the ownership
691	interest through one or more natural persons or one or more
692	proxies, powers of attorney, nominees, business entities, or any
693	combination thereof.
694	(6)  "Vehicle" means any vehicle of a type that may be
695	registered under chapter 320 for operation on the roads of this
696	state, regardless of whether the vehicle is actually registered.
697	The term does not include a mobile home or manufactured home as
698	defined in s. 320.01.
699	(7)  "Vessel" means every description of watercraft, barge,
700	and air boat used or capable of being used as a means of
701	transportation on water, other than a seaplane or a documented
702	vessel as defined in s. 327.02.
703	(8)  "Wrecker" has the same meaning ascribed in s. 320.01.
704	(9)  "Wrecker company" means a business entity engaged for
705	hire in the business of towing, carrying, or transporting
706	vehicles or vessels by wrecker upon the streets and highways of
707	this state. The term does not include a person regularly engaged
708	in the business of transporting mobile homes.
709	(10)  "Wrecker operator" means a person who performs
710	wrecker services.
711	(11)  "Wrecker services" means towing, carrying, or
712	otherwise transporting vehicles or vessels by wrecker upon the
713	streets and highways of this state for hire. The term includes,
714	but is not limited to, each of the following:
715	(a)  Driving a wrecker.
716	(b)  Loading, securing, and unloading a vehicle or vessel
717	on a wrecker using a boom, winch, car carrier, or other similar
718	equipment.
719	(c)  Towing or removal of a wrecked, disabled, or abandoned
720	vehicle under the Florida Highway Patrol wrecker allocation
721	system pursuant to s. 321.051 or under a county or municipal
722	wrecker allocation system pursuant to s. 323.002.
723	(d)  Towing, recovery, or removal of a vehicle or vessel
724	under s. 713.78.
725	(e)  Towing, transportation, or removal of a vehicle or
726	vessel parked on real property without permission under s.
727	715.07.
728	(f)  Recovery of a vehicle or vessel.
729	508.02  Wrecker Operator Advisory Council.--
730	(1)  The Wrecker Operator Advisory Council is created
731	within the department. The council shall advise and assist the
732	department in administering this chapter.
733	(2)(a)  The council shall be composed of six members
734	appointed by the Commissioner of Agriculture. In addition, the
735	executive director of the Professional Wrecker Operators of
736	Florida, Inc., shall serve ex officio as a voting member of the
737	council.
738	(b)  Three members of the council must each be an ultimate
739	equitable owner of a wrecker company who has been an ultimate
740	equitable owner of that company for at least 5 years before his
741	or her appointment; one member must be a wrecker operator who is
742	not an ultimate equitable owner of a wrecker company and who has
743	been a wrecker operator for at least 5 years before his or her
744	appointment; and two members must be laypersons. Each member
745	must be a resident of this state. This paragraph expires July 1,
746	2011.
747	(c)  Effective July 1, 2011, three members of the council
748	must each be an ultimate equitable owner of a wrecker company
749	registered under this chapter who has been an ultimate equitable
750	owner of that company registered for at least 5 years before his
751	or her appointment; one member must be a wrecker operator
752	certified under this chapter who is not an ultimate equitable
753	owner of a wrecker company and who has been a wrecker operator
754	certified for at least 5 years before his or her appointment;
755	and two members must be laypersons. Each member must be a
756	resident of this state.
757	(3)  The term of each member of the council is 4 years,
758	except, to establish staggered terms, two members who are owners
759	of wrecker companies and one layperson shall be appointed
760	initially for a 2-year term. Members may be reappointed for
761	additional terms not to exceed 8 years of consecutive service. A
762	vacancy shall be filled for the remainder of the unexpired term
763	in the same manner as the original appointment.
764	(4)(a)  From among its members, the council shall annually
765	elect a chair, who shall preside over the meetings of the
766	council, and a vice chair.
767	(b)  In conducting its meetings, the council shall use
768	accepted rules of procedure. The department shall keep a
769	complete record of each meeting which must show the names of
770	members present and the actions taken. These records and other
771	documents about matters within the jurisdiction of the council
772	must be kept on file with the department.
773	(5)  The members of the council shall serve without
774	compensation but are entitled to reimbursement of travel and per
775	diem expenses under s. 112.061.
776	(6)  The department shall provide administrative and staff
777	support services relating to the functions of the council.
778	(7)  The council shall review the rules adopted by the
779	department to administer this chapter and shall advise the
780	department on matters relating to industry standards and
781	practices and other issues that require technical expertise and
782	consultation or that promote better consumer protection in the
783	wrecker industry.
784	508.03  Rulemaking authority.--The department may adopt
785	rules under ss. 120.536(1) and 120.54 to administer this
786	chapter.
787	508.04  Wrecker companies; registration
788	required.--Effective January 1, 2006:
789	(1)  A person may not own, operate, solicit business,
790	advertise wrecker services, or otherwise engage for hire in the
791	business of a wrecker company in this state unless that person
792	is registered with the department under this chapter.
793	(2)  A person applying for or renewing a local occupational
794	license to engage for hire in the business of a wrecker company
795	must exhibit a current registration certificate from the
796	department before the local occupational license may be issued
797	or reissued under chapter 205.
798	(3)  This section does not apply to a motor vehicle repair
799	shop registered with the department under s. 559.904 which
800	derives at least 80 percent of its gross sales from motor
801	vehicle repairs, or to any franchised motor vehicle dealers
802	licensed pursuant to s. 320.27 when wrecker services are
803	incidental to the operation of the franchise.
804	508.05  Registration requirements; renewal of
805	registrations.--
806	(1)  Each wrecker company engaged or attempting to engage
807	for hire in the business of towing, carrying, or transporting
808	vehicles, vessels, or mobile homes by wrecker upon the streets
809	and highways of this state must annually register with the
810	department on forms prescribed by the department. The
811	application for registration must include at least the following
812	information:
813	(a)  The name and federal employer identification number of
814	the wrecker company.
815	(b)  The mailing address, physical address, and telephone
816	number of the wrecker company's primary place of business.
817	(c)  The fictitious name under which the wrecker company
818	transacts business in this state.
819	(d)  The full name, residence address, business address,
820	and telephone number of the applicant. If the applicant is other
821	than a natural person, the application must also contain the
822	full name, residence address, business address, telephone
823	number, and federal employer identification number, if
824	applicable, of each ultimate equitable owner of the business
825	entity and each officer, director, partner, manager, member, or
826	managing member of the entity.
827	(e)  If the applicant is other than a natural person, the
828	full name of the business entity's registered agent and the
829	address of the registered office for service of process.
830	(f)  The physical address and telephone number of each
831	business location and each storage facility where the wrecker
832	company stores towed vehicles, vessels, or mobile homes.
833	(2)  Each initial and renewal application for registration
834	must be accompanied by the registration fee prescribed in s.
835	508.16.
836	(3)  Each initial application for registration must be
837	accompanied by a complete set of the applicant's fingerprints
838	taken by a law enforcement agency. If the applicant is other
839	than a natural person, a complete set of fingerprints must also
840	be filed for each ultimate equitable owner of the business
841	entity and each officer, director, partner, manager, member, or
842	managing member of the entity. The department shall submit the
843	fingerprints to the Department of Law Enforcement for state
844	processing, and the Department of Law Enforcement shall forward
845	the fingerprints to the Federal Bureau of Investigation for
846	national processing. The applicant must also pay the Department
847	of Law Enforcement a fingerprint processing fee of $23 for state
848	processing, and an additional fee for federal processing, for
849	each applicant's name submitted. Registration renewal
850	applications need not be accompanied by a set of fingerprints
851	for an individual who previously submitted a set of fingerprints
852	to the department as part of a prior year's registration
853	application.
854	(4)  The department shall review each application in
855	accordance with s. 120.60 and shall issue a registration
856	certificate, in the form and size prescribed by the department,
857	to each wrecker company whose application is approved. The
858	certificate must show at least the name and address of the
859	wrecker company and the registration number. The registration
860	certificate must be prominently displayed in the wrecker
861	company's primary place of business.
862	(5)  Each advertisement of a wrecker company must include
863	the phrase "Fla. Wrecker Co. Reg. No.     ." For the purpose of
864	this subsection, the term "advertisement" means a printed or
865	graphic statement made in a newspaper or other publication or
866	contained in any notice, handbill, or sign, including signage on
867	a vehicle, flyer, catalog, or letter.
868	(6)  A registration is invalid for a wrecker company
869	transacting business at a place other than the location
870	designated in the registration application unless the department
871	is first notified in writing before the change of location. A
872	registration issued under this chapter is not transferable or
873	assignable, and a wrecker company may not conduct business under
874	a name other than as registered. A wrecker company desiring to
875	change its registered name, location, or registered agent for
876	service of process at a time other than upon renewal of
877	registration must notify the department of the change.
878	(7)(a)  Each registration must be renewed annually on or
879	before the expiration date of the current registration. A late
880	fee of $25 must be paid, in addition to the registration fee or
881	any other penalty, for a registration renewal application that
882	is received by the department after the expiration date of the
883	current registration. The department may not issue a
884	registration until all fees are paid.
885	(b)  A wrecker company whose primary place of business is
886	located within a county or municipality that requires, by local
887	ordinance, a local occupational license under chapter 205 may
888	not renew a license under this chapter unless the wrecker
889	company obtains the occupational license from the county or
890	municipality.
891	(8)  Each wrecker company must provide the department with
892	a certificate of insurance for the required insurance coverage
893	under s. 627.7415 before the department may issue the
894	registration certificate for an initial or renewal registration.
895	The department must be named as a certificateholder on the
896	insurance certificate and must be notified at least 30 days
897	before any change in insurance coverage.
898	(9)  The department shall notify the Department of Highway
899	Safety and Motor Vehicles when a registration issued under this
900	chapter has been suspended or revoked by order of the
901	department. Notification must be sent within 10 days after the
902	department issues the suspension or revocation order.
903	508.06  Denial of registration.--The department may deny,
904	revoke, or refuse to renew the registration of a wrecker company
905	based upon a determination that the applicant or, if the
906	applicant is other than a natural person, the wrecker company or
907	any of its ultimate equitable owners, officers, directors,
908	partners, managers, members, or managing members has:
909	(1)  Not met the requirements for registration under this
910	chapter;
911	(2)  Been convicted of, found guilty of, or pled guilty or
912	nolo contendere to, regardless of the adjudication of guilt, a
913	felony within the last 10 years;
914	(3)  Been convicted of, found guilty of, or pled guilty or
915	nolo contendere to, regardless of the adjudication of guilt, a
916	crime within the last 10 years involving repossession of a motor
917	vehicle under chapter 493; repair of a motor vehicle under ss.
918	559.901-559.9221; theft of a motor vehicle under s. 812.014;
919	carjacking under s. 812.133; operation of a chop shop under s.
920	812.16; failure to maintain records of motor vehicle parts and
921	accessories under s. 860.14; airbag theft or use of fake airbags
922	under s. 860.145 or s. 860.146; overcharging for repairs and
923	parts under s. 860.15; or a violation of towing or storage
924	requirements for a motor vehicle under s. 321.051, chapter 323,
925	s. 713.78, s. 715.07, or this chapter;
926	(4)  Not satisfied a civil fine or penalty arising out of
927	an administrative or enforcement action brought by the
928	department, another governmental agency, or a private person
929	based upon conduct involving a violation of this chapter;
930	(5)  Pending against him or her a criminal, administrative,
931	or enforcement proceeding in any jurisdiction based upon conduct
932	involving a violation of this chapter; or
933	(6)  A judgment entered against him or her in an action
934	brought by the department under this chapter.
935	508.061  Acceptable forms of payment.--A wrecker company
936	shall accept a minimum of two of the following forms of payment:
937	(1)  Cash, cashier's check, money order, or traveler's
938	check;
939	(2)  Valid personal check, showing upon its face the name
940	and address of the vehicle or vessel owner or authorized
941	representative; or
942	(3)  Valid credit card, which shall include, but not be
943	limited to, Visa or MasterCard.
944	508.07  Wrecker operator certification program.--
945	(1)  The department, in consultation with the council,
946	shall establish a wrecker operator certification program by
947	December 31, 2005. Under this program, the council shall approve
948	certification courses for wrecker operators conducted by
949	approved organizations. The council shall prescribe the minimum
950	curricula for these courses, which must comprise at least 16
951	hours, equally apportioned between theoretical instruction and
952	practical training. The council must approve each organization
953	and its certification course before the course is accepted for
954	certification of wrecker operators under this chapter.
955	(2)  Each approved wrecker operator certification course
956	must include a certification examination demonstrating a wrecker
957	operator's knowledge, skills, and abilities in performing
958	wrecker services and in the instruction and training of the
959	certification course. The council must approve each
960	certification examination before the examination is accepted for
961	certification of wrecker operators under this chapter.
962	(3)  Each organization conducting an approved wrecker
963	operator certification course must issue on forms prescribed by
964	the department a certificate to each wrecker operator who
965	completes the approved certification course or who passes the
966	approved certification examination.
967	508.08  Specialized wrecker services.--
968	(1)  In addition to the minimum curricula for certification
969	of wrecker operators, each approved certification course must
970	offer optional instruction, training, and examination of wrecker
971	operators for each of the following specialized wrecker
972	services:
973	(a)  Light duty.--Towing and winching a passenger vehicle,
974	and uprighting such an overturned vehicle, including the proper
975	use of chains, wire rope, and straps.
976	(b)  Medium duty.--Towing and winching a medium-sized
977	commercial vehicle, and uprighting such an overturned vehicle.
978	(c)  Heavy duty.--Towing and winching a standard large-
979	large-sized commercial vehicle, and uprighting such an
980	overturned vehicle.
981	(d)  Ultra-heavy duty.--Towing and winching a specialty
982	large-sized commercial vehicle or another complex vehicle, and
983	uprighting such an overturned vehicle.
984	(e)  Rollback wrecker.--Proper loading, securing,
985	transporting, and unloading of a vehicle on a flatbed-rollback
986	wrecker.
987	(f)  Hazardous materials.--Awareness of hazardous
988	materials. Instruction and training for this wrecker service
989	must comprise at least 8 hours in order to be approved.
990	(g)  Air cushions.--Proper use of air cushions in the
991	recovery of a heavy-duty vehicle.
992	(2)  The department shall adopt rules prescribing specific
993	standards to further define each of the specialized wrecker
994	services described in subsection (1). The council must approve
995	the instruction, training, and examination for a specialized
996	wrecker service before the specialized wrecker service is
997	accepted for endorsement of a wrecker operator's certification
998	under this chapter.
999	(3)  Each organization conducting an approved wrecker
1000	operator certification course must issue on forms prescribed by
1001	the department a certificate to each wrecker operator who
1002	completes the approved instruction and training for a
1003	specialized wrecker service or who passes the approved
1004	endorsement examination for that specialized wrecker service.
1005	508.09  Certification cards.--
1006	(1)  Each organization conducting an approved wrecker
1007	operator certification course must issue a certification card to
1008	each wrecker operator who completes the approved certification
1009	course and passes the approved certification examination. The
1010	department must approve the form of the certification cards
1011	issued by each organization. Each certification card must
1012	include the wrecker operator's name, a color photograph or
1013	digital image of the wrecker operator, and the expiration date
1014	of the certification card.
1015	(2)  Each certification card must also include the wrecker
1016	operator's applicable endorsements for specialized wrecker
1017	services, for which the wrecker operator completed the approved
1018	instruction and training for the specialized wrecker service and
1019	passed the approved endorsement examination for that specialized
1020	wrecker service.
1021	(3)  The department may adopt rules governing the issuance
1022	of a certification card to a wrecker operator who:
1023	(a)  Completes a certification course and passes a
1024	certification examination in another state which are
1025	substantially equivalent to the approved certification courses
1026	and approved certification examinations in this state.
1027	(b)  Completed a certification course and passed a
1028	certification examination in this state between January 1, 2000,
1029	and December 31, 2005, which are substantially equivalent to the
1030	approved certification courses and the approved certification
1031	examinations. This paragraph expires July 1, 2006.
1032	(c)  Completed instruction and training for a specialized
1033	wrecker service and passed an endorsement examination for that
1034	specialized wrecker service between January 1, 2000, and
1035	December 31, 2005, which are substantially equivalent to the
1036	approved instruction and training and the approved endorsement
1037	examinations. This paragraph expires July 1, 2006.
1038
1039	For the purposes of this subsection, the council shall approve
1040	each certification examination in another state, and shall
1041	approve the instruction, training, and examination for each
1042	specialized wrecker service in another state, which the council
1043	determines are substantially equivalent to the approved
1044	certification courses and approved certification examinations in
1045	this state or to the approved instruction, training, and
1046	endorsement examinations for a specialized wrecker service in
1047	this state.
1048	(4)  Each certification card expires 5 years after the date
1049	of issuance.
1050	(5)  Certification cards shall be issued by the
1051	organizations conducting approved wrecker operator certification
1052	courses. The department is not responsible for issuing
1053	certification cards or for the costs associated with the
1054	issuance of certification cards.
1055	508.10  Wrecker operators; certification required;
1056	inspection of employment records.--Effective January 1, 2006:
1057	(1)  A person may not perform wrecker services in this
1058	state unless he or she is an employee or ultimate equitable
1059	owner of a wrecker company that is registered with the
1060	department under this chapter and those wrecker services are
1061	performed on behalf of the wrecker company.
1062	(2)(a)  A person may not perform wrecker services or
1063	specialized wrecker services for a wrecker company for more than
1064	6 months after first being employed by, or becoming an ultimate
1065	equitable owner of, the wrecker company without being certified
1066	as a wrecker operator under this chapter.
1067	(b)  A wrecker operator certified under this chapter may
1068	not perform a specialized wrecker service for a wrecker company
1069	unless the wrecker operator's certification includes an
1070	endorsement for that specialized wrecker service.
1071	(3)(a)  Notwithstanding subsections (1) and (2), a person
1072	may perform wrecker services or specialized wrecker services in
1073	this state if he or she is an employee or ultimate equitable
1074	owner of a motor vehicle repair shop registered with the
1075	department under s. 559.904 and those wrecker services or
1076	specialized wrecker services are performed on behalf of the
1077	motor vehicle repair shop.
1078	(b)  Notwithstanding subsections (1) and (2), a person may
1079	perform wrecker services or specialized wrecker services in this
1080	state if those wrecker services or specialized wrecker services
1081	are performed on behalf of a religious organization that holds a
1082	current exemption from federal taxation, or that is not required
1083	to apply for recognition of its exemption, under s. 501 of the
1084	Internal Revenue Code.
1085	(4)  The department may, at any time during business hours,
1086	enter any business location of a wrecker company and examine the
1087	company's books or records. If the department has reason to
1088	believe that a violation of this chapter has occurred or is
1089	occurring, the department may subpoena any necessary books or
1090	records.
1091	508.11  Renewal of certification; continuing education
1092	requirements.--
1093	(1)  The department, in consultation with the council,
1094	shall establish a continuing education program for the
1095	recertification of wrecker operators by December 31, 2007. In
1096	order to renew a wrecker operator's certification card, an
1097	operator must complete a continuing education course. The
1098	council must prescribe the minimum curricula and proper
1099	examination for each continuing education course, each of which
1100	must be at least 8 hours in length. The council shall approve
1101	each organization, and the continuing education course it
1102	proposes to offer, before the course is approved for
1103	recertifying wrecker operators.
1104	(2)  Each organization conducting an approved wrecker
1105	operator continuing education course must issue, on forms
1106	prescribed by the department, a certificate to each wrecker
1107	operator who completes the approved course or who passes an
1108	approved recertification examination.
1109	508.12  Prohibited acts.--It is a violation of this chapter
1110	for a person to:
1111	(1)  Charge rates that exceed the maximum rates imposed by
1112	the ordinances of the respective county or municipality under
1113	ss. 125.0103(1)(c) and 166.043(1)(c).
1114	(2)  Violate s. 321.051, relating to the Florida Highway
1115	Patrol wrecker allocation system.
1116	(3)  Violate s. 323.002, relating to county and municipal
1117	wrecker allocation systems.
1118	(4)  Violate s. 713.78, relating to liens for recovering,
1119	towing, or storing vehicles and vessels.
1120	(5)  Violate s. 715.07, relating to towing or removing
1121	vehicles and vessels parked on real property without permission.
1122	(6)  Refuse to allow a law enforcement officer to inspect a
1123	towing and storage facility, as required in s. 812.055.
1124	(7)  Allow a person who is not certified as a wrecker
1125	operator under this chapter to perform wrecker services or
1126	specialized wrecker services for the wrecker company for more
1127	than 6 months after first being employed by, or becoming an
1128	ultimate equitable owner of, the wrecker company.
1129	(8)  Allow a wrecker operator certified under this chapter
1130	to perform a specialized wrecker service for the wrecker company
1131	if the wrecker operator's certification does not include an
1132	endorsement for that specialized wrecker service.
1133	(9)  Perform an act otherwise prohibited by this chapter or
1134	fail to perform an act otherwise required by this chapter.
1135	508.13  Administrative penalties; inspection of records.--
1136	(1)  The department may order one or more of the following
1137	if the department finds that a person has violated this chapter
1138	or the rules or orders issued under this chapter:
1139	(a)  Issue a notice of noncompliance under s. 120.695.
1140	(b)  Impose an administrative fine not to exceed $5,000 for
1141	each act or omission.
1142	(c)  Direct the person to cease and desist specified
1143	activities.
1144	(d)  Refuse to register the wrecker company or suspend or
1145	revoke the wrecker company's registration.
1146	(e)  Place the wrecker company on probation for a period of
1147	time, subject to the conditions specified by the department.
1148	(2)  Chapter 120 shall govern an administrative proceeding
1149	resulting from an order imposing a penalty specified in
1150	subsection (1).
1151	508.14  Civil penalties.--The department may bring a civil
1152	action in a court of competent jurisdiction to recover any
1153	penalties or damages allowed in this chapter and for injunctive
1154	relief to enforce compliance with this chapter. The department
1155	may seek a civil penalty of up to $5,000 for each violation of
1156	this chapter and may seek restitution for and on behalf of any
1157	owner of a vehicle, vessel, or mobile home who is aggrieved or
1158	injured by a violation of this chapter.
1159	508.15  Criminal penalties.--Effective July 1, 2006:
1160	(1)  A person who violates s. 508.04(1) by operating a
1161	wrecker company in this state without being registered with the
1162	department under this chapter commits a felony of the third
1163	degree, punishable as provided in s. 775.082, s. 775.083, or s.
1164	775.084.
1165	(2)  A person who violates s. 508.10(1) by performing
1166	wrecker services in this state without being an employee or
1167	ultimate equitable owner of a wrecker company that is registered
1168	with the department under this chapter commits a felony of the
1169	third degree, punishable as provided in s. 775.082, s. 775.083,
1170	or s. 775.084.
1171	508.16  Fees.--The department shall adopt by rule a fee
1172	schedule, not to exceed the following amounts:
1173	(1)  Wrecker company registration fee: $495.
1174	(2)  Wrecker company registration renewal fee: $495.
1175	508.17  General Inspection Trust Fund; payments.--All fees,
1176	penalties, or other funds collected by the department under this
1177	chapter must be deposited in the General Inspection Trust Fund
1178	and may only be used for the purpose of administering this
1179	chapter.
1180	508.18  Recovery agents; exemption.--This chapter does not
1181	apply to a person licensed under chapter 493 performing
1182	repossession services.
1183	508.19  County and municipal ordinances.--A county or
1184	municipality may enact ordinances governing the business of
1185	transporting vehicles or vessels by wrecker which are more
1186	restrictive than this chapter. This section does not limit the
1187	authority of a political subdivision to impose regulatory fees
1188	or charges or to levy occupational license taxes under chapter
1189	205. The department may enter into a cooperative agreement with
1190	any county or municipality that provides for the referral,
1191	investigation, and prosecution of consumer complaints alleging
1192	violations of this act. The department is authorized to delegate
1193	enforcement of this act to any county or municipality entering
1194	into a cooperative agreement.
1195	508.20  Records.--
1196	(1)  Each wrecker company shall maintain records of its
1197	wrecker services for at least 12 months. These records shall be
1198	maintained at the wrecker company's principal place of business.
1199	(2)  Each wrecker company shall maintain records on each of
1200	its wrecker operators sufficient to demonstrate that the
1201	operator has successfully completed an approved wrecker operator
1202	certification course or an approved wrecker operator continuing
1203	education course and is certified to perform wrecker services.
1204	These records shall be maintained at the wrecker company's
1205	principal place of business for as long as the operator is
1206	employed by the wrecker company and for at least 6 months
1207	thereafter.
1208	(3)  Each organization approved to conduct a wrecker
1209	operator certification course or approved to offer a wrecker
1210	operator continuing education course shall maintain records on
1211	each person who successfully completes one of the courses. The
1212	records shall be maintained at the organization's principal
1213	place of business for at least 5 years. The department may, at
1214	any time during normal business hours, enter the organization's
1215	principal place of business to examine the records.
1216	Section 17.  Subsection (13) of section 713.78, Florida
1217	Statutes, is amended to read:
1218	713.78  Liens for recovering, towing, or storing vehicles
1219	and vessels.--
1220	(13)(a)  Upon receipt by the Department of Highway Safety
1221	and Motor Vehicles of written notice from a wrecker operator who
1222	claims a wrecker operator's lien under paragraph (2)(c) or
1223	paragraph (2)(d) for recovery, towing, or storage of an
1224	abandoned vehicle, vessel, or mobile home upon instructions from
1225	any law enforcement agency, for which a certificate of
1226	destruction has been issued under subsection (11), the
1227	department shall place the name of the registered owner of that
1228	vehicle, vessel, or mobile home on the list of those persons who
1229	may not be issued a license plate or revalidation sticker for
1230	any motor vehicle under s. 320.03(8). If the vehicle, vessel, or
1231	mobile home is owned jointly by more than one person, the name
1232	of each registered owner shall be placed on the list. The notice
1233	of wrecker operator's lien shall be submitted on forms provided
1234	by the department, which must include:
1235	1.  The name, address, and telephone number of the wrecker
1236	operator.
1237	2.  The name of the registered owner of the vehicle,
1238	vessel, or mobile home and the address to which the wrecker
1239	operator provided notice of the lien to the registered owner
1240	under subsection (4).
1241	3.  A general description of the vehicle, vessel, or mobile
1242	home, including its color, make, model, body style, and year.
1243	4.  The vehicle identification number (VIN); registration
1244	license plate number, state, and year; validation decal number,
1245	state, and year; mobile home sticker number, state, and year;
1246	vessel registration number; hull identification number; or other
1247	identification number, as applicable.
1248	5.  The name of the person or the corresponding law
1249	enforcement agency that requested that the vehicle, vessel, or
1250	mobile home be recovered, towed, or stored.
1251	6.  The amount of the wrecker operator's lien, not to
1252	exceed the amount allowed by paragraph (b).
1253	(b)  For purposes of this subsection only, the amount of
1254	the wrecker operator's lien for which the department will
1255	prevent issuance of a license plate or revalidation sticker may
1256	not exceed the amount of the charges for recovery, towing, and
1257	storage of the vehicle, vessel, or mobile home for 7 days. These
1258	charges may not exceed the maximum rates imposed by the
1259	ordinances of the respective county or municipality under ss.
1260	125.0103(1)(c) and 166.043(1)(c). This paragraph does not limit
1261	the amount of a wrecker operator's lien claimed under subsection
1262	(2) or prevent a wrecker operator from seeking civil remedies
1263	for enforcement of the entire amount of the lien, but limits
1264	only that portion of the lien for which the department will
1265	prevent issuance of a license plate or revalidation sticker.
1266	(c)1.  The registered owner of a vehicle, vessel, or mobile
1267	home may dispute a wrecker operator's lien, by notifying the
1268	department of the dispute in writing on forms provided by the
1269	department, if at least one of the following applies:
1270	a.  The registered owner presents a notarized bill of sale
1271	proving that the vehicle, vessel, or mobile home was sold in a
1272	private or casual sale before the vehicle, vessel, or mobile
1273	home was recovered, towed, or stored.
1274	b.  The registered owner presents proof that the Florida
1275	certificate of title of the vehicle, vessel, or mobile home was
1276	sold to a licensed dealer as defined in s. 319.001 before the
1277	vehicle, vessel, or mobile home was recovered, towed, or stored.
1278	c.  The records of the department were marked to indicate
1279	that the vehicle, vessel, or mobile home was sold before the
1280	issuance of the certificate of destruction under subsection
1281	(11).
1282
1283	If the registered owner's dispute of a wrecker operator's lien
1284	complies with one of these criteria, the department shall
1285	immediately remove the registered owner's name from the list of
1286	those persons who may not be issued a license plate or
1287	revalidation sticker for any motor vehicle under s. 320.03(8),
1288	thereby allowing issuance of a license plate or revalidation
1289	sticker. If the vehicle, vessel, or mobile home is owned jointly
1290	by more than one person, each registered owner must dispute the
1291	wrecker operator's lien in order to be removed from the list.
1292	However, the department shall deny any dispute and maintain the
1293	registered owner's name on the list of those persons who may not
1294	be issued a license plate or revalidation sticker for any motor
1295	vehicle under s. 320.03(8) if the wrecker operator has provided
1296	the department with a certified copy of the judgment of a court
1297	which orders the registered owner to pay the wrecker operator's
1298	lien claimed under this section. In such a case, the amount of
1299	the wrecker operator's lien allowed by paragraph (b) may be
1300	increased to include no more than $500 of the reasonable costs
1301	and attorney's fees incurred in obtaining the judgment. The
1302	department's action under this subparagraph is ministerial in
1303	nature, shall not be considered final agency action, and may be
1304	appealed is appealable only to the county court for the county
1305	in which the vehicle, vessel, or mobile home was ordered
1306	removed.
1307	2.  A person against whom a wrecker operator's lien has
1308	been imposed may alternatively obtain a discharge of the lien by
1309	filing a complaint, challenging the validity of the lien or the
1310	amount thereof, in the county court of the county in which the
1311	vehicle, vessel, or mobile home was ordered removed. Upon filing
1312	of the complaint, the person may have her or his name removed
1313	from the list of those persons who may not be issued a license
1314	plate or revalidation sticker for any motor vehicle under s.
1315	320.03(8), thereby allowing issuance of a license plate or
1316	revalidation sticker, upon posting with the court a cash or
1317	surety bond or other adequate security equal to the amount of
1318	the wrecker operator's lien to ensure the payment of such lien
1319	in the event she or he does not prevail. Upon the posting of the
1320	bond and the payment of the applicable fee set forth in s.
1321	28.24, the clerk of the court shall issue a certificate
1322	notifying the department of the posting of the bond and
1323	directing the department to release the wrecker operator's lien.
1324	Upon determining the respective rights of the parties, the court
1325	may award damages and costs in favor of the prevailing party.
1326	3.  If a person against whom a wrecker operator's lien has
1327	been imposed does not object to the lien, but cannot discharge
1328	the lien by payment because the wrecker operator has moved or
1329	gone out of business, the person may have her or his name
1330	removed from the list of those persons who may not be issued a
1331	license plate or revalidation sticker for any motor vehicle
1332	under s. 320.03(8), thereby allowing issuance of a license plate
1333	or revalidation sticker, upon posting with the clerk of court in
1334	the county in which the vehicle, vessel, or mobile home was
1335	ordered removed, a cash or surety bond or other adequate
1336	security equal to the amount of the wrecker operator's lien.
1337	Upon the posting of the bond and the payment of the application
1338	fee set forth in s. 28.24, the clerk of the court shall issue a
1339	certificate notifying the department of the posting of the bond
1340	and directing the department to release the wrecker operator's
1341	lien. The department shall mail to the wrecker operator, at the
1342	address upon the lien form, notice that the wrecker operator
1343	must claim the security within 60 days, or the security will be
1344	released back to the person who posted it. At the conclusion of
1345	the 60 days, the department shall direct the clerk as to which
1346	party is entitled to payment of the security, less applicable
1347	clerk's fees.
1348	4.  A wrecker operator's lien expires 5 years after filing.
1349	(d)  Upon discharge of the amount of the wrecker operator's
1350	lien allowed by paragraph (b), the wrecker operator must issue a
1351	certificate of discharged wrecker operator's lien on forms
1352	provided by the department to each registered owner of the
1353	vehicle, vessel, or mobile home attesting that the amount of the
1354	wrecker operator's lien allowed by paragraph (b) has been
1355	discharged. Upon presentation of the certificate of discharged
1356	wrecker operator's lien by the registered owner, the department
1357	shall immediately remove the registered owner's name from the
1358	list of those persons who may not be issued a license plate or
1359	revalidation sticker for any motor vehicle under s. 320.03(8),
1360	thereby allowing issuance of a license plate or revalidation
1361	sticker. Issuance of a certificate of discharged wrecker
1362	operator's lien under this paragraph does not discharge the
1363	entire amount of the wrecker operator's lien claimed under
1364	subsection (2), but only certifies to the department that the
1365	amount of the wrecker operator's lien allowed by paragraph (b),
1366	for which the department will prevent issuance of a license
1367	plate or revalidation sticker, has been discharged.
1368	(e)  When a wrecker operator files a notice of wrecker
1369	operator's lien under this subsection, the department shall
1370	charge the wrecker operator a fee of $2, which must shall be
1371	deposited into the General Revenue Fund established under s.
1372	860.158. A service charge of $2.50 shall be collected and
1373	retained by the tax collector who processes a notice of wrecker
1374	operator's lien.
1375	(f)  This subsection applies only to the annual renewal in
1376	the registered owner's birth month of a motor vehicle
1377	registration and does not apply to the transfer of a
1378	registration of a motor vehicle sold by a motor vehicle dealer
1379	licensed under chapter 320, except for the transfer of
1380	registrations which is inclusive of the annual renewals. This
1381	subsection does not apply to any vehicle registered in the name
1382	of a lessor. This subsection does not affect the issuance of the
1383	title to a motor vehicle, notwithstanding s. 319.23(7)(b).
1384	(g)  The Department of Highway Safety and Motor Vehicles
1385	may adopt rules under pursuant to ss. 120.536(1) and 120.54 to
1386	implement this subsection.
1387	Section 18.  Effective January 1, 2006, section 713.78,
1388	Florida Statutes, as amended by this act, is amended to read:
1389	713.78  Liens for recovering, towing, or storing vehicles
1390	and vessels.--
1391	(1)  As used in For the purposes of this section, the term:
1392	(a)  "Business day" means a day other than a Saturday,
1393	Sunday, or federal or state legal holiday.
1394	(b)  "Property owner" has the same meaning ascribed in s.
1395	715.07.
1396	(c)(a)  "Vehicle" has the same meaning ascribed in s.
1397	508.01 means any mobile item, whether motorized or not, which is
1398	mounted on wheels.
1399	(d)(b)  "Vessel" has the same meaning ascribed in s. 508.01
1400	means every description of watercraft, barge, and air boat used
1401	or capable of being used as a means of transportation on water,
1402	other than a seaplane or a "documented vessel" as defined in s.
1403	327.02(8).
1404	(e)(c)  "Wrecker" has the same meaning ascribed in s.
1405	320.01 means any truck or other vehicle which is used to tow,
1406	carry, or otherwise transport motor vehicles or vessels upon the
1407	streets and highways of this state and which is equipped for
1408	that purpose with a boom, winch, car carrier, or other similar
1409	equipment.
1410	(f)  "Wrecker company" has the same meaning ascribed in s.
1411	508.01.
1412	(g)  "Wrecker operator" has the same meaning ascribed in s.
1413	508.01.
1414	(2)  Whenever a wrecker company registered under chapter
1415	508 person regularly engaged in the business of transporting
1416	vehicles or vessels by wrecker, tow truck, or car carrier
1417	recovers, removes, or stores a vehicle or, vessel, or mobile
1418	home upon instructions from:
1419	(a)  The owner of the vehicle or vessel thereof; or
1420	(b)  The property owner or lessor, or a person authorized
1421	by the owner or lessor, of real property on which the such
1422	vehicle is wrongfully parked without permission, and the such
1423	removal is done in compliance with s. 715.07; or
1424	(c)  A Any law enforcement agency,; or
1425	(d)  A mobile home park owner as defined in s. 723.003 who
1426	has a current writ of possession for a mobile home lot pursuant
1427	to s. 723.061,
1428
1429	the wrecker company has she or he shall have a lien on the such
1430	vehicle or vessel for a reasonable towing fee and for a
1431	reasonable storage fee; except that a no storage fee may not
1432	shall be charged if a such vehicle or vessel is stored for less
1433	than 6 hours.
1434	(3)  This section does not authorize any person to claim a
1435	lien on a vehicle for fees or charges connected with the
1436	immobilization of a such vehicle using a vehicle boot or other
1437	similar device under pursuant to s. 715.07.
1438	(4)(a)  Any wrecker company that person regularly engaged
1439	in the business of recovering, towing, or storing vehicles or
1440	vessels who comes into possession of a vehicle or vessel under
1441	pursuant to subsection (2), and who claims a lien for recovery,
1442	towing, or storage services, must shall give notice to the
1443	registered owner, to the insurance company insuring the vehicle
1444	notwithstanding the provisions of s. 627.736, and to all persons
1445	claiming a lien on the vehicle or vessel thereon, as disclosed
1446	by the records in the Department of Highway Safety and Motor
1447	Vehicles or of a corresponding agency in any other state.
1448	(b)  Whenever a any law enforcement agency authorizes the
1449	removal of a vehicle, or whenever a wrecker company any towing
1450	service, garage, repair shop, or automotive service, storage, or
1451	parking place notifies the law enforcement agency of possession
1452	of a vehicle under pursuant to s. 715.07(2)(a)2., the applicable
1453	law enforcement agency shall contact the Department of Highway
1454	Safety and Motor Vehicles, or the appropriate agency of the
1455	state of registration, if known, within 24 hours through the
1456	medium of electronic communications, giving the full description
1457	of the vehicle. Upon receipt of the full description of the
1458	vehicle, the department shall search its files to determine the
1459	owner's name, the insurance company insuring the vehicle, and
1460	whether any person has filed a lien upon the vehicle as provided
1461	in s. 319.27(2) and (3) and notify the applicable law
1462	enforcement agency within 72 hours. The wrecker company person
1463	in charge of the towing service, garage, repair shop, or
1464	automotive service, storage, or parking place shall obtain this
1465	such information from the applicable law enforcement agency
1466	within 5 days after from the date of storage and must shall give
1467	notice under pursuant to paragraph (a). The department may
1468	release the insurance company information to the requestor
1469	notwithstanding the provisions of s. 627.736.
1470	(c)  Notice by certified mail, return receipt requested,
1471	must shall be sent within 7 business days after the date of
1472	storage of the vehicle or vessel to the registered owner, the
1473	insurance company insuring the vehicle notwithstanding the
1474	provisions of s. 627.736, and all persons of record claiming a
1475	lien against the vehicle or vessel. The notice must It shall
1476	state the fact of possession of the vehicle or vessel, that a
1477	lien as provided in subsection (2) is claimed, that charges have
1478	accrued and the amount of the charges thereof, that the lien is
1479	subject to enforcement under pursuant to law, and that the owner
1480	or lienholder, if any, has the right to a hearing as set forth
1481	in subsection (5), and that any vehicle or vessel which remains
1482	unclaimed, or for which the charges for recovery, towing, or
1483	storage services remain unpaid, may be sold free of all prior
1484	liens after 35 days if the vehicle or vessel is more than 3
1485	years of age or after 50 days if the vehicle or vessel is 3
1486	years of age or less.
1487	(d)  If the wrecker company is unable attempts to identify
1488	the name of locate the owner or lienholder prove unsuccessful,
1489	the wrecker company must towing-storage operator shall, after 7
1490	business working days following, excluding Saturday and Sunday,
1491	of the initial tow or storage, notify the public agency of
1492	jurisdiction in writing by certified mail or acknowledged hand
1493	delivery that the wrecker towing-storage company has been unable
1494	to identify the name of locate the owner or lienholder and a
1495	physical search of the vehicle or vessel has disclosed no
1496	ownership information and a good faith effort has been made. For
1497	purposes of this paragraph and subsection (9), the term "good
1498	faith effort" means that the following checks have been
1499	performed by the wrecker company to establish prior state of
1500	registration and for title:
1501	1.  Check of vehicle or vessel for any type of tag, tag
1502	record, temporary tag, or regular tag.
1503	2.  Check of law enforcement report for tag number or other
1504	information identifying the vehicle or vessel, if the vehicle or
1505	vessel was towed at the request of a law enforcement officer.
1506	3.  Check of trip sheet or tow ticket of the wrecker tow
1507	truck operator to see if a tag was on vehicle at beginning of
1508	tow, if private tow.
1509	4.  If there is no address of the owner on the impound
1510	report, check of law enforcement report to see if an out-of-
1511	state address is indicated from driver license information.
1512	5.  Check of vehicle or vessel for inspection sticker or
1513	other stickers and decals that may indicate a state of possible
1514	registration.
1515	6.  Check of the interior of the vehicle or vessel for any
1516	papers that may be in the glove box, trunk, or other areas for a
1517	state of registration.
1518	7.  Check of vehicle for vehicle identification number.
1519	8.  Check of vessel for vessel registration number.
1520	9.  Check of vessel hull for a hull identification number
1521	which should be carved, burned, stamped, embossed, or otherwise
1522	permanently affixed to the outboard side of the transom or, if
1523	there is no transom, to the outmost seaboard side at the end of
1524	the hull that bears the rudder or other steering mechanism.
1525	(5)(a)  The owner of a vehicle or vessel removed under
1526	pursuant to the provisions of subsection (2), or any person
1527	claiming a lien, other than the wrecker company towing-storage
1528	operator, within 10 days after the time she or he has knowledge
1529	of the location of the vehicle or vessel, may file a complaint
1530	in the county court of the county in which the vehicle or vessel
1531	is stored or in which the owner resides to determine if her or
1532	his property was wrongfully taken or withheld from her or him.
1533	(b)  Upon filing of a complaint, an owner or lienholder may
1534	have her or his vehicle or vessel released upon posting with the
1535	court a cash or surety bond or other adequate security equal to
1536	the amount of the charges for towing or storage and lot rental
1537	amount to ensure the payment of the such charges in the event
1538	she or he does not prevail. Upon the posting of the bond and the
1539	payment of the applicable fee set forth in s. 28.24, the clerk
1540	of the court shall issue a certificate notifying the lienor of
1541	the posting of the bond and directing the lienor to release the
1542	vehicle or vessel. At the time of the such release, after
1543	reasonable inspection, she or he shall give a receipt to the
1544	wrecker towing-storage company reciting any claims she or he has
1545	for loss or damage to the vehicle or vessel or to the contents
1546	of the vehicle or vessel thereof.
1547	(c)  Upon determining the respective rights of the parties,
1548	the court shall may award damages, and costs, and reasonable
1549	attorney's fees to in favor of the prevailing party. In any
1550	event, The final order must require shall provide for immediate
1551	payment in full of the recovery, towing, and storage fees by the
1552	vehicle or vessel owner or lienholder; by or the law enforcement
1553	agency ordering the tow; or by the property owner, lessee, or
1554	agent thereof of the real property from which the vehicle or
1555	vessel was towed or removed under s. 715.07.
1556	(6)  Any vehicle or vessel that which is stored under
1557	pursuant to subsection (2) and that which remains unclaimed, or
1558	for which reasonable charges for recovery, towing, or storing
1559	remain unpaid or for which a lot rental amount is due and owing
1560	to the mobile home park owner, as evidenced by a judgment for
1561	unpaid rent, and any contents not released under pursuant to
1562	subsection (10), may be sold by the wrecker company owner or
1563	operator of the storage space for the such towing or storage
1564	charge or unpaid lot rental amount after 35 days after from the
1565	time the vehicle or vessel is stored in the wrecker company's
1566	storage facility therein if the vehicle or vessel is more than 3
1567	years of age or after 50 days after following the time the
1568	vehicle or vessel is stored in the wrecker company's storage
1569	facility therein if the vehicle or vessel is 3 years of age or
1570	less. The sale must shall be at public auction for cash. If the
1571	date of the sale is was not included in the notice required in
1572	subsection (4), notice of the sale must shall be given to the
1573	person in whose name the vehicle or, vessel, or mobile home is
1574	registered, to the mobile home park owner, and to all persons
1575	claiming a lien on the vehicle or vessel as shown on the records
1576	of the Department of Highway Safety and Motor Vehicles or of the
1577	corresponding agency in any other state. Notice must shall be
1578	sent by certified mail, return receipt requested, to the owner
1579	of the vehicle or vessel and the person having the recorded lien
1580	on the vehicle or vessel at the address shown on the records of
1581	the registering agency and must shall be mailed at least not
1582	less than 15 days before the date of the sale. After diligent
1583	search and inquiry, if the name and address of the registered
1584	owner or the owner of the recorded lien cannot be ascertained,
1585	the requirements of notice by mail may be dispensed with. In
1586	addition to the notice by mail, public notice of the time and
1587	place of sale must shall be made by publishing a notice of the
1588	sale thereof one time, at least 10 days before prior to the date
1589	of the sale, in a newspaper of general circulation in the county
1590	in which the sale is to be held. The proceeds of the sale, after
1591	payment of reasonable towing and storage charges and, costs of
1592	the sale, and the unpaid lot rental amount, in that order of
1593	priority, must shall be deposited with the clerk of the circuit
1594	court for the county if the owner is absent, and the clerk shall
1595	hold the such proceeds subject to the claim of the person
1596	legally entitled to those proceeds thereto. The clerk is shall
1597	be entitled to receive 5 percent of the such proceeds for the
1598	care and disbursement of the proceeds thereof. The certificate
1599	of title issued under this section must law shall be discharged
1600	of all liens unless otherwise provided by court order.
1601	(7)(a)  A wrecker company, its wrecker operators, and other
1602	employees or agents of the wrecker company operator recovering,
1603	towing, or storing vehicles or vessels are is not liable for
1604	damages connected with those such services, theft of the such
1605	vehicles or vessels, or theft of personal property contained in
1606	the such vehicles or vessels, if those provided that such
1607	services are have been performed with reasonable care and if
1608	provided, further, that, in the case of removal of a vehicle or
1609	vessel upon the request of a person purporting, and reasonably
1610	appearing, to be the property owner or lessee, or a person
1611	authorized by the owner or lessee, of the real property from
1612	which the such vehicle or vessel is removed, the such removal
1613	has been done in compliance with s. 715.07. Further, a wrecker
1614	company, its wrecker operators, and other employees or agents of
1615	the wrecker company are operator is not liable for damage
1616	connected with those such services when complying with the
1617	lawful directions of a law enforcement officer to remove a
1618	vehicle stopped, standing, or parked upon a street or highway in
1619	such a position that obstructs as to obstruct the normal
1620	movement of traffic or that creates in such a condition as to
1621	create a hazard to other traffic upon the street or highway.
1622	(b)  Employees or authorized agents of an authorized or
1623	unauthorized wrecker company, as defined in s. 321.051 or s.
1624	323.002, may remove a vehicle or vehicle cargo from a public
1625	road without consent of the owner or operator of the vehicle or
1626	vehicle cargo upon request of a law enforcement officer as
1627	defined in s. 112.531, a sheriff or deputy sheriff as defined in
1628	s. 30.072, or a firefighter as defined in s. 112.81. The
1629	employee or authorized agent of the wrecker company, its wrecker
1630	operators, and other employees or agents of the wrecker company,
1631	the law enforcement officer, sheriff, or deputy sheriff, and the
1632	firefighters and emergency medical services providers are not
1633	liable for any property damages or claims of damage for the
1634	removal if the vehicle or vehicle cargo is removed because it
1635	presents an imminent public safety hazard.
1636	(c)(b)  For the purposes of this subsection, a wrecker
1637	company, its wrecker operators, and other employees or agents of
1638	the wrecker company are operator is presumed to use reasonable
1639	care to prevent the theft of a vehicle or vessel or of any
1640	personal property contained in the such vehicle stored in the
1641	wrecker company's operator's storage facility if all of the
1642	following apply:
1643	1.  The wrecker company operator surrounds the storage
1644	facility with a chain-link or solid-wall type fence at least 6
1645	feet in height;
1646	2.  The wrecker company illuminates operator has
1647	illuminated the storage facility with lighting of sufficient
1648	intensity to reveal persons and vehicles at a distance of at
1649	least 150 feet during nighttime; and
1650	3.  The wrecker company operator uses one or more of the
1651	following security methods to discourage theft of vehicles or
1652	vessels or of any personal property contained in such vehicles
1653	or vessels stored in the wrecker company's operator's storage
1654	facility:
1655	a.  A night dispatcher or watchman remains on duty at the
1656	storage facility from sunset to sunrise;
1657	b.  A security dog remains at the storage facility from
1658	sunset to sunrise;
1659	c.  Security cameras or other similar surveillance devices
1660	monitor the storage facility; or
1661	d.  A security guard service examines the storage facility
1662	at least once each hour from sunset to sunrise.
1663	(d)(c)  Any law enforcement agency requesting that a motor
1664	vehicle be removed from an accident scene, street, or highway
1665	must conduct an inventory and prepare a written record of all
1666	personal property found in the vehicle before the vehicle is
1667	removed by a wrecker operator. However, if the owner or driver
1668	of the motor vehicle is present and accompanies the vehicle, an
1669	no inventory by law enforcement is not required. A wrecker
1670	company, its wrecker operators, and other employees or agents of
1671	the wrecker company are operator is not liable for the loss of
1672	personal property alleged to be contained in such a vehicle when
1673	the such personal property was not identified on the inventory
1674	record prepared by the law enforcement agency requesting the
1675	removal of the vehicle.
1676	(8)  A wrecker company and its wrecker operators, excluding
1677	person regularly engaged in the business of recovering, towing,
1678	or storing vehicles or vessels, except a person licensed under
1679	chapter 493 while engaged in "repossession" activities as
1680	defined in s. 493.6101, may not operate a wrecker, tow truck, or
1681	car carrier unless the name, address, and telephone number of
1682	the wrecker company performing the wrecker services service is
1683	clearly printed in contrasting colors on the driver and
1684	passenger sides of the wrecker its vehicle. The name must be in
1685	at least 3-inch permanently affixed letters, and the address and
1686	telephone number must be in at least 1-inch permanently affixed
1687	letters.
1688	(9)  Failure to make good faith best efforts to comply with
1689	the notice requirements of this section precludes shall preclude
1690	the imposition of any storage charges against the such vehicle
1691	or vessel.
1692	(10)  Each wrecker company that provides Persons who
1693	provide services under pursuant to this section must shall
1694	permit vehicle or vessel owners or their agents, which agency is
1695	evidenced by a writing acknowledged by the owner before a notary
1696	public or other person empowered by law to administer oaths, to
1697	inspect the towed vehicle or vessel and must shall release to
1698	the owner or agent all personal property not affixed to the
1699	vehicle or vessel which was in the vehicle or vessel at the time
1700	the vehicle or vessel came into the custody of the wrecker
1701	company person providing those such services.
1702	(11)(a)  A wrecker company that Any person regularly
1703	engaged in the business of recovering, towing, or storing
1704	vehicles or vessels who comes into possession of a vehicle or
1705	vessel under pursuant to subsection (2) and that complies who
1706	has complied with the provisions of subsections (3) and (6),
1707	when the such vehicle or vessel is to be sold for purposes of
1708	being dismantled, destroyed, or changed in a such manner that it
1709	is not the motor vehicle or, vessel, or mobile home described in
1710	the certificate of title, must shall apply to the county tax
1711	collector for a certificate of destruction. A certificate of
1712	destruction, which authorizes the dismantling or destruction of
1713	the vehicle or vessel described on the certificate therein, is
1714	shall be reassignable no more than twice a maximum of two times
1715	before dismantling or destruction of the vehicle is shall be
1716	required, and the certificate must shall accompany the vehicle
1717	or vessel for which it is issued, when the such vehicle or
1718	vessel is sold for that purpose such purposes, in lieu of a
1719	certificate of title. The application for a certificate of
1720	destruction must include an affidavit from the applicant that it
1721	has complied with all applicable requirements of this section
1722	and, if the vehicle or vessel is not registered in this state,
1723	by a statement from a law enforcement officer that the vehicle
1724	or vessel is not reported stolen, and must also shall be
1725	accompanied by any other such documentation as may be required
1726	by the department.
1727	(b)  The Department of Highway Safety and Motor Vehicles
1728	shall charge a fee of $3 for each certificate of destruction.  A
1729	service charge of $4.25 shall be collected and retained by the
1730	tax collector who processes the application.
1731	(c)  The Department of Highway Safety and Motor Vehicles
1732	may adopt such rules to administer as it deems necessary or
1733	proper for the administration of this subsection.
1734	(12)(a)  Any person who violates any provision of
1735	subsection (1), subsection (2), subsection (4), subsection (5),
1736	subsection (6), or subsection (7) commits is guilty of a
1737	misdemeanor of the first degree, punishable as provided in s.
1738	775.082 or s. 775.083.
1739	(b)  Any person who violates the provisions of subsections
1740	(8) through (11) commits is guilty of a felony of the third
1741	degree, punishable as provided in s. 775.082, s. 775.083, or s.
1742	775.084.
1743	(c)  Any person who uses a false or fictitious name, gives
1744	a false or fictitious address, or makes any false statement in
1745	any application or affidavit required under the provisions of
1746	this section commits is guilty of a felony of the third degree,
1747	punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
1748	(d)  Employees of the Department of Highway Safety and
1749	Motor Vehicles and law enforcement officers may are authorized
1750	to inspect the records of each wrecker company in this state any
1751	person regularly engaged in the business of recovering, towing,
1752	or storing vehicles or vessels or transporting vehicles or
1753	vessels by wrecker, tow truck, or car carrier, to ensure
1754	compliance with the requirements of this section. Any person who
1755	fails to maintain records, or fails to produce records when
1756	required in a reasonable manner and at a reasonable time,
1757	commits a misdemeanor of the first degree, punishable as
1758	provided in s. 775.082 or s. 775.083.
1759	(13)(a)  Upon receipt by the Department of Highway Safety
1760	and Motor Vehicles of written notice from a wrecker company
1761	operator who claims a wrecker company's operator's lien under
1762	paragraph (2)(c) or paragraph (2)(d) for recovery, towing, or
1763	storage of an abandoned vehicle or, vessel, or mobile home upon
1764	instructions from any law enforcement agency, for which a
1765	certificate of destruction has been issued under subsection
1766	(11), the department shall place the name of the registered
1767	owner of that vehicle or, vessel, or mobile home on the list of
1768	those persons who may not be issued a license plate or
1769	revalidation sticker for any motor vehicle under s. 320.03(8).
1770	If the vehicle or, vessel, or mobile home is owned jointly by
1771	more than one person, the name of each registered owner shall be
1772	placed on the list. The notice of wrecker company's operator's
1773	lien shall be submitted on forms provided by the department,
1774	which must include:
1775	1.  The name, address, and telephone number of the wrecker
1776	company operator.
1777	2.  The name of the registered owner of the vehicle or,
1778	vessel, or mobile home and the address to which the wrecker
1779	company operator provided notice of the lien to the registered
1780	owner under subsection (4).
1781	3.  A general description of the vehicle or, vessel, or
1782	mobile home, including its color, make, model, body style, and
1783	year.
1784	4.  The vehicle identification number (VIN); registration
1785	license plate number, state, and year; validation decal number,
1786	state, and year; mobile home sticker number, state, and year;
1787	vessel registration number; hull identification number; or other
1788	identification number, as applicable.
1789	5.  The name of the person or the corresponding law
1790	enforcement agency that requested that the vehicle or, vessel,
1791	or mobile home be recovered, towed, or stored.
1792	6.  The amount of the wrecker company's operator's lien,
1793	not to exceed the amount allowed by paragraph (b).
1794	(b)  For purposes of this subsection only, the amount of
1795	the wrecker company's operator's lien for which the department
1796	will prevent issuance of a license plate or revalidation sticker
1797	may not exceed the amount of the charges for recovery, towing,
1798	and storage of the vehicle or, vessel, or mobile home for 7
1799	days. These charges may not exceed the maximum rates imposed by
1800	the ordinances of the respective county or municipality under
1801	ss. 125.0103(1)(c) and 166.043(1)(c). This paragraph does not
1802	limit the amount of a wrecker company's operator's lien claimed
1803	under subsection (2) or prevent a wrecker company operator from
1804	seeking civil remedies for enforcement of the entire amount of
1805	the lien, but limits only that portion of the lien for which the
1806	department will prevent issuance of a license plate or
1807	revalidation sticker.
1808	(c)1.  The registered owner of a vehicle, vessel, or mobile
1809	home may dispute a wrecker company's operator's lien, by
1810	notifying the department of the dispute in writing on forms
1811	provided by the department, if at least one of the following
1812	applies:
1813	a.  The registered owner presents a notarized bill of sale
1814	proving that the vehicle or, vessel, or mobile home was sold in
1815	a private or casual sale before the vehicle or, vessel, or
1816	mobile home was recovered, towed, or stored.
1817	b.  The registered owner presents proof that the Florida
1818	certificate of title of the vehicle or, vessel, or mobile home
1819	was sold to a licensed dealer as defined in s. 319.001 before
1820	the vehicle or, vessel, or mobile home was recovered, towed, or
1821	stored.
1822	c.  The records of the department were marked to indicate
1823	that the vehicle or, vessel, or mobile home was sold before the
1824	issuance of the certificate of destruction under subsection
1825	(11).
1826
1827	If the registered owner's dispute of a wrecker company's
1828	operator's lien complies with one of these criteria, the
1829	department shall immediately remove the registered owner's name
1830	from the list of those persons who may not be issued a license
1831	plate or revalidation sticker for any motor vehicle under s.
1832	320.03(8), thereby allowing issuance of a license plate or
1833	revalidation sticker. If the vehicle or, vessel, or mobile home
1834	is owned jointly by more than one person, each registered owner
1835	must dispute the wrecker company's operator's lien in order to
1836	be removed from the list. However, the department shall deny any
1837	dispute and maintain the registered owner's name on the list of
1838	those persons who may not be issued a license plate or
1839	revalidation sticker for any motor vehicle under s. 320.03(8) if
1840	the wrecker company operator has provided the department with a
1841	certified copy of the judgment of a court which orders the
1842	registered owner to pay the wrecker company's operator's lien
1843	claimed under this section. In such a case, the amount of the
1844	wrecker company's operator's lien allowed by paragraph (b) may
1845	be increased to include no more than $500 of the reasonable
1846	costs and attorney's fees incurred in obtaining the judgment.
1847	The department's action under this subparagraph is ministerial
1848	in nature, shall not be considered final agency action, and may
1849	be appealed only to the county court for the county in which the
1850	vehicle or, vessel, or mobile home was ordered removed.
1851	2.  A person against whom a wrecker company's operator's
1852	lien has been imposed may alternatively obtain a discharge of
1853	the lien by filing a complaint, challenging the validity of the
1854	lien or the amount thereof, in the county court of the county in
1855	which the vehicle or, vessel, or mobile home was ordered
1856	removed. Upon filing of the complaint, the person may have her
1857	or his name removed from the list of those persons who may not
1858	be issued a license plate or revalidation sticker for any motor
1859	vehicle under s. 320.03(8), thereby allowing issuance of a
1860	license plate or revalidation sticker, upon posting with the
1861	court a cash or surety bond or other adequate security equal to
1862	the amount of the wrecker company's operator's lien to ensure
1863	the payment of such lien in the event she or he does not
1864	prevail. Upon the posting of the bond and the payment of the
1865	applicable fee set forth in s. 28.24, the clerk of the court
1866	shall issue a certificate notifying the department of the
1867	posting of the bond and directing the department to release the
1868	wrecker company's operator's lien. Upon determining the
1869	respective rights of the parties, the court may award damages
1870	and costs in favor of the prevailing party.
1871	3.  If a person against whom a wrecker company's operator's
1872	lien has been imposed does not object to the lien, but cannot
1873	discharge the lien by payment because the wrecker company
1874	operator has moved or gone out of business, the person may have
1875	her or his name removed from the list of those persons who may
1876	not be issued a license plate or revalidation sticker for any
1877	motor vehicle under s. 320.03(8), thereby allowing issuance of a
1878	license plate or revalidation sticker, upon posting with the
1879	clerk of court in the county in which the vehicle or, vessel, or
1880	mobile home was ordered removed, a cash or surety bond or other
1881	adequate security equal to the amount of the wrecker company's
1882	operator's lien. Upon the posting of the bond and the payment of
1883	the application fee set forth in s. 28.24, the clerk of the
1884	court shall issue a certificate notifying the department of the
1885	posting of the bond and directing the department to release the
1886	wrecker company's operator's lien. The department shall mail to
1887	the wrecker company operator, at the address upon the lien form,
1888	notice that the wrecker company operator must claim the security
1889	within 60 days, or the security will be released back to the
1890	person who posted it. At the conclusion of the 60 days, the
1891	department shall direct the clerk as to which party is entitled
1892	to payment of the security, less applicable clerk's fees.
1893	4.  A wrecker company's operator's lien expires 5 years
1894	after filing.
1895	(d)  Upon discharge of the amount of the wrecker company's
1896	operator's lien allowed by paragraph (b), the wrecker company
1897	operator must issue a certificate of discharged wrecker
1898	company's operator's lien on forms provided by the department to
1899	each registered owner of the vehicle, vessel, or mobile home
1900	attesting that the amount of the wrecker company's operator's
1901	lien allowed by paragraph (b) has been discharged. Upon
1902	presentation of the certificate of discharged wrecker company's
1903	operator's lien by the registered owner, the department shall
1904	immediately remove the registered owner's name from the list of
1905	those persons who may not be issued a license plate or
1906	revalidation sticker for any motor vehicle under s. 320.03(8),
1907	thereby allowing issuance of a license plate or revalidation
1908	sticker. Issuance of a certificate of discharged wrecker
1909	company's operator's lien under this paragraph does not
1910	discharge the entire amount of the wrecker company's operator's
1911	lien claimed under subsection (2), but only certifies to the
1912	department that the amount of the wrecker company's operator's
1913	lien allowed by paragraph (b), for which the department will
1914	prevent issuance of a license plate or revalidation sticker, has
1915	been discharged.
1916	(e)  When a wrecker company operator files a notice of
1917	wrecker company's operator's lien under this subsection, the
1918	department shall charge the wrecker company operator a fee of
1919	$2, which must be deposited into the General Revenue Fund. A
1920	service charge of $2.50 shall be collected and retained by the
1921	tax collector who processes a notice of wrecker company's
1922	operator's lien.
1923	(f)  This subsection applies only to the annual renewal in
1924	the registered owner's birth month of a motor vehicle
1925	registration and does not apply to the transfer of a
1926	registration of a motor vehicle sold by a motor vehicle dealer
1927	licensed under chapter 320, except for the transfer of
1928	registrations which is inclusive of the annual renewals. This
1929	subsection does not apply to any vehicle registered in the name
1930	of a lessor. This subsection does not affect the issuance of the
1931	title to a motor vehicle, notwithstanding s. 319.23(7)(b).
1932	(g)  The Department of Highway Safety and Motor Vehicles
1933	may adopt rules under ss. 120.536(1) and 120.54 to implement
1934	this subsection.
1935	(14)  The amendments to this section made by this act do
1936	not affect the validity of liens established under this section
1937	before January 1, 2006.
1938	Section 19.  Effective January 1, 2006, section 713.785,
1939	Florida Statutes, is created to read:
1940	713.785  Liens for recovering, towing, or storing mobile
1941	homes.--
1942	(1)  As used in this section, the term:
1943	(a)  "Mobile home transport company" means a person
1944	regularly engaged in the business of transporting mobile homes.
1945	(b)  "Store" means a mobile home transport company has
1946	legal possession of a mobile home either on the mobile home
1947	transport company's property or on any other property.
1948	(c)  "Unpaid lot rental amount" or "rent" means any unpaid
1949	financial obligations of the mobile home owner or tenant to the
1950	mobile home park owner defined as lot rental amount in s.
1951	723.003 or rent in part II of chapter 83 and includes any
1952	amounts defined as storage charges in s. 723.084.
1953	(2)  If the mobile home transport company recovers,
1954	removes, or stores a mobile home upon instructions from:
1955	(a)  The owner of the mobile home;
1956	(b)  Any law enforcement agency; or
1957	(c)  A mobile home park owner as defined in s. 723.003 who
1958	has a current writ of possession for a mobile home lot under s.
1959	723.062 or s. 83.62,
1960
1961	the mobile home transport company has a lien on the mobile home
1962	for a reasonable towing fee and for a reasonable storage fee.
1963	(3)(a)  A mobile home transport company that comes into
1964	possession of a mobile home under subsection (2) and that claims
1965	a lien for recovery, towing, or storage services must give
1966	notice to the registered owner and to all persons claiming a
1967	lien on the mobile home, as disclosed by the records in the
1968	Department of Highway Safety and Motor Vehicles or of a
1969	corresponding agency in any other state.
1970	(b)  Notice by certified mail, return receipt requested,
1971	shall be sent within 7 business days after the date of storage
1972	of the mobile home to the registered owner at the owner's last
1973	known address and all persons of record claiming a lien against
1974	the mobile home. The notice shall state the fact of possession
1975	of the mobile home, that a lien as provided in subsection (2) is
1976	claimed, that charges have accrued and the amount thereof, that
1977	the lien is subject to enforcement under law and that the owner
1978	or lienholder, if any, has the right to a hearing as set forth
1979	in subsection (4), and that any mobile home which remains
1980	unclaimed, or for which charges remain unpaid, may be sold free
1981	of all prior liens after 35 days.
1982	(4)(a)  The owner of a mobile home stored under subsection
1983	(2), or any person claiming a lien of record, other than the
1984	mobile home transport company, within 10 days after the time she
1985	or he has knowledge of the location of the mobile home, may file
1986	a complaint in the court of the county in which the mobile home
1987	is stored to determine if her or his property was wrongfully
1988	taken or withheld from her or him.
1989	(b)  Upon filing of a complaint, an owner or lienholder may
1990	have the mobile home released upon posting with the court a cash
1991	or surety bond or other adequate security equal to the amount of
1992	the charges for towing or storage and lot rental amount due and
1993	owing at that time to ensure the payment of the charges in the
1994	event she or he does not prevail. Upon the posting of the bond
1995	and the payment of the applicable fee set forth in s. 28.24, the
1996	clerk of the court shall issue a certificate notifying the
1997	mobile home transport company of the posting of the bond and
1998	directing the mobile home transport company to release the
1999	mobile home. At the time of the release, after reasonable
2000	inspection, she or he shall give a receipt to the mobile home
2001	transport company citing any claims she or he has for loss or
2002	damage to the mobile home or the contents thereof.
2003	(c)  Upon determining the respective rights of the parties,
2004	the court may award damages and costs in favor of the prevailing
2005	party. The final order shall provide for immediate payment in
2006	full of any lien for recovery, towing, and storage fees and any
2007	unpaid lot rental amount accruing until the time the home is
2008	removed from the property by the mobile home owner or lienholder
2009	or the owner, lessee, or agent thereof of the property from
2010	which the mobile home was removed.
2011	(5)  A mobile home that is stored under subsection (2) and
2012	which remains unclaimed, or for which reasonable charges for
2013	recovery, towing, or storing remain unpaid or for which a lot
2014	rental amount is due and owing to the mobile home park owner as
2015	evidenced by a judgment for unpaid rent and any contents of the
2016	mobile home not released under subsection (9), may be sold by
2017	the mobile home transport company for the towing or storage
2018	charge and any unpaid lot rental amount 35 days after the mobile
2019	home is stored by a mobile home transport company. The sale
2020	shall be at public auction for cash. If the date of the sale was
2021	not included in the notice required by subsection (3), notice of
2022	the sale must be given to the person in whose name the mobile
2023	home is registered at her or his last known address, to the
2024	mobile home park owner, and to all persons claiming a lien on
2025	the mobile home as shown on the records of the Department of
2026	Highway Safety and Motor Vehicles or of the corresponding agency
2027	in any other state. Notice must be sent by certified mail,
2028	return receipt requested, at least 15 days before the date of
2029	the sale. After diligent search and inquiry, if the name and
2030	address of the registered owner or the owner of the recorded
2031	lien cannot be ascertained, the requirements of notice by mail
2032	may be dispensed with. In addition to the notice by mail, public
2033	notice of the time and place of sale must be made by publishing
2034	a notice of the sale one time, at least 10 days before the date
2035	of the sale, in a newspaper of general circulation in the county
2036	in which the sale is to be held. The proceeds of the sale, after
2037	payment of reasonable towing and storage charges, costs of the
2038	sale, and the unpaid lot rental amount, as evidenced by an
2039	affidavit executed by the mobile home park owner or the owner's
2040	agent establishing the amount of unpaid lot rental amount
2041	through the date of the sale, in that order of priority, must be
2042	deposited with the clerk of the circuit court for the county if
2043	the owner is absent, and the clerk shall hold the proceeds
2044	subject to the claim of the person legally entitled to those
2045	proceeds. The clerk is entitled to receive 5 percent of the
2046	proceeds for the care and disbursement of the proceeds. The
2047	certificate of title issued under this section shall be
2048	discharged of all liens unless otherwise provided by court
2049	order.
2050	(6)  The mobile home transport company, the landlord or his
2051	or her agent, or any subsequent purchaser for value are not
2052	responsible to the tenant or any other party for loss,
2053	destruction, or damage to the mobile home or other personal
2054	property after coming into possession of the mobile home under
2055	this section, provided the mobile home transport company, the
2056	landlord, or their agents use reasonable care in storing the
2057	mobile home. As used in this subsection, the term "reasonable
2058	care" means securing the mobile home by changing door locks, or
2059	any similar methods for securing the mobile home, in place in
2060	the mobile home park or in a separate storage area.
2061	(7)(a)  A mobile home transport company that comes into
2062	possession of a mobile home under subsection (2) and that
2063	complies with subsection (3), if the mobile home is to be sold
2064	for purposes of being dismantled, destroyed, or changed so that
2065	it is not the mobile home described in the certificate of title,
2066	must apply to the county tax collector for a certificate of
2067	destruction. A certificate of destruction, which authorizes the
2068	dismantling or destruction of the mobile home described in the
2069	certificate, is reassignable no more than twice before
2070	dismantling or destruction of the mobile home and the
2071	certificate must accompany the mobile home for which it is
2072	issued when the mobile home is sold for that purpose, in lieu of
2073	a certificate of title. The application for a certificate of
2074	destruction must include an affidavit from the applicant that it
2075	has complied with all applicable requirements of this section;
2076	must, if the mobile home is not registered in this state,
2077	include a statement from a law enforcement officer that the
2078	mobile home is not reported stolen; and shall be accompanied by
2079	any other documentation as may be required by the department.
2080	(b)  The Department of Highway Safety and Motor Vehicles
2081	shall charge a fee of $3 for each certificate of destruction.
2082	The tax collector who processes the application shall collect
2083	and retain a service charge of $4.25.
2084	(c)  The Department of Highway Safety and Motor Vehicles
2085	may adopt rules to administer this subsection.
2086	(d)  Employees of the Department of Highway Safety and
2087	Motor Vehicles and law enforcement officers may inspect the
2088	records of each mobile home transport company in this state to
2089	ensure compliance with this section.
2090	(8)(a)  Upon receipt by the Department of Highway Safety
2091	and Motor Vehicles of written notice from a mobile home
2092	transport company that claims a lien under paragraph (2)(b) or
2093	paragraph (2)(c) for recovery, towing, or storage of a mobile
2094	home for which a certificate of destruction has been issued
2095	under subsection (7), the department shall place the name of the
2096	registered owner of that mobile home on the list of those
2097	persons who may not be issued a revalidation sticker under s.
2098	320.03. If the mobile home is owned jointly by more than one
2099	person, the name of each registered owner must be placed on the
2100	list. The notice of a mobile home transport company's lien must
2101	be submitted on forms provided by the department, which must
2102	include:
2103	1.  The name, address, and telephone number of the mobile
2104	home transport company.
2105	2.  The name of the registered owner of the mobile home and
2106	the address to which the mobile home transport company provided
2107	notice of the lien to the registered owner under subsection (3).
2108	3.  A general description of the mobile home, including its
2109	color, make, model, body style, and year.
2110	4.  The mobile home sticker number, state, and year or
2111	other identification number, as applicable.
2112	5.  The name of the person or the corresponding law
2113	enforcement agency that requested that the mobile home be
2114	recovered, towed, or stored.
2115	6.  The amount of the lien, not to exceed the amount
2116	allowed by paragraph (b).
2117	(b)  For purposes of this subsection, the amount of the
2118	mobile home transport company's lien for which the department
2119	will prevent issuance of a revalidation sticker may not exceed
2120	the amount of the charges for recovery, towing, and storage of
2121	the mobile home for 7 days. These charges may not exceed the
2122	maximum rates imposed by the ordinances of the respective county
2123	or municipality under ss. 125.0103(1)(c) and 166.043(1)(c). This
2124	paragraph does not limit the amount of a mobile home transport
2125	company's lien claimed under subsection (2) or prevent a mobile
2126	home transport company from seeking civil remedies for
2127	enforcement of the entire amount of the lien, but limits only
2128	that portion of the lien for which the department will prevent
2129	issuance of a revalidation sticker
2130	(c)1.  The registered owner of the mobile home may dispute
2131	the mobile home transport company's lien by notifying the
2132	department of the dispute in writing on forms provided by the
2133	department, if at least one of the following applies:
2134	a.  The registered owner presents a notarized bill of sale
2135	proving that the mobile home was sold in a private or casual
2136	sale before the mobile home was recovered, towed, or stored.
2137	b.  The registered owner presents proof that the Florida
2138	certificate of title of the mobile home was sold to a licensed
2139	dealer as defined in s. 319.001 before the mobile home was
2140	recovered, towed, or stored.
2141	c.  The records of the department were marked to indicate
2142	that the mobile home was sold before the issuance of the
2143	certificate of destruction under subsection (7).
2144
2145	If the registered owner's dispute of a mobile home transport
2146	company's lien complies with one of these criteria, the
2147	department shall immediately remove the registered owner's name
2148	from the list of those persons who may not be issued a
2149	revalidation sticker under s. 320.03. If the mobile home is
2150	owned jointly by more than one person, each registered owner
2151	must dispute the mobile home transport company's lien in order
2152	to be removed from the list. However, the department shall deny
2153	any dispute and maintain the registered owner's name on the list
2154	of those persons who may not be issued a revalidation sticker if
2155	the mobile home transport company has provided the department
2156	with a certified copy of the judgment of a court which orders
2157	the registered owner to pay the mobile home transport company's
2158	lien claimed under this section. In such a case, the amount of
2159	the mobile home transport company's lien allowed by paragraph
2160	(b) may be increased to include no more than $500 of the
2161	reasonable costs and attorney's fees incurred in obtaining the
2162	judgment. The department's action under this subparagraph is
2163	ministerial in nature, is not final agency action, and is
2164	appealable only to the county court for the county in which the
2165	mobile home was ordered removed.
2166	2.  A person against whom a mobile home transport company's
2167	lien has been imposed may alternatively obtain a discharge of
2168	the lien by filing a complaint challenging the validity of the
2169	lien or the amount thereof in the county court of the county in
2170	which the mobile home was ordered removed. Upon filing of the
2171	complaint, the person may have her or his name removed from the
2172	list of those persons who may not be issued a revalidation
2173	sticker for any mobile home under s. 320.03 upon posting with
2174	the court a cash or surety bond or other adequate security equal
2175	to the amount of the mobile home transport company's lien to
2176	ensure the payment of the lien in the event she or he does not
2177	prevail. Upon the posting of the bond and the payment of the
2178	applicable fee set forth in s. 28.24, the clerk of the court
2179	shall issue a certificate notifying the department of the
2180	posting of the bond and directing the department to release the
2181	mobile home transport company's lien. Upon determining the
2182	respective rights of the parties, the court may award damages
2183	and costs in favor of the prevailing party.
2184	3.  If a person against whom a mobile home transport
2185	company's lien has been imposed does not object to the lien, but
2186	cannot discharge the lien by payment because the mobile home
2187	transport company has moved or gone out of business, the person
2188	may have her or his name removed from the list of those persons
2189	who may not be issued a revalidation sticker under s. 320.03
2190	upon posting with the clerk of court in the county in which the
2191	mobile home was ordered removed a cash or surety bond or other
2192	adequate security equal to the amount of the mobile home
2193	transport company's lien. Upon the posting of the bond and the
2194	payment of the application fee set forth in s. 28.24, the clerk
2195	of the court shall issue a certificate notifying the department
2196	of the posting of the bond and directing the department to
2197	release the mobile home transport company's lien. The department
2198	shall mail to the mobile home transport company, at the address
2199	upon the lien form, notice that the mobile home transport
2200	company must claim the security within 60 days or the security
2201	will be released to the person who posted it. At the conclusion
2202	of the 60 days, the department shall direct the clerk as to
2203	which party is entitled to payment of the security, less
2204	applicable fees of the clerk.
2205	4.  A mobile home transport company's lien expires 5 years
2206	after filing.
2207	(d)  Upon discharge of the amount of the mobile home
2208	transport company's lien allowed under paragraph (b), the mobile
2209	home transport company must issue a certificate of discharged
2210	lien on a form provided by the department to each registered
2211	owner of the mobile home attesting that the amount of the mobile
2212	home transport company's lien allowed under paragraph (b) has
2213	been discharged. Upon presentation of the certificate of
2214	discharged lien by the registered owner, the department shall
2215	immediately remove the registered owner's name from the list of
2216	those persons who may not be issued a revalidation sticker under
2217	s. 320.03. Issuance of a certificate of discharged lien under
2218	this paragraph does not discharge the entire amount of the
2219	mobile home transport company's lien claimed under subsection
2220	(2), but certifies to the department only that the amount of the
2221	mobile home transport company's lien allowed by paragraph (b),
2222	for which the department will prevent issuance of a revalidation
2223	sticker, has been discharged.
2224	(e)  When a mobile home transport company files a notice of
2225	lien under this subsection, the department shall charge the
2226	mobile home transport company a fee of $2, which must be
2227	deposited into the General Revenue Fund. The tax collector who
2228	processes a notice of lien shall collect and retain a service
2229	charge of $2.50.
2230	(f)  The Department of Highway Safety and Motor Vehicles
2231	may adopt rules to administer this subsection.
2232	(9)  Persons who provide services under this section shall
2233	permit a mobile home owner or her or his agent, whose agency is
2234	evidenced by a writing acknowledged by the owner before a notary
2235	public or other person empowered by law to administer oaths, to
2236	inspect the mobile home and shall release to the owner or agent
2237	all personal property not affixed to the mobile home, provided
2238	there exists no landlord's lien for rent under s. 713.691 or s.
2239	713.77.
2240	(10)  Any person who violates subsection (3), subsection
2241	(5), subsection (6), subsection (7), or subsection (9) commits a
2242	misdemeanor of the first degree, punishable as provided in s.
2243	775.082 or s. 775.083.
2244	Section 20.  Paragraph (a) of subsection (1) of section
2245	319.30, Florida Statutes, is amended to read:
2246	319.30  Definitions; dismantling, destruction, change of
2247	identity of motor vehicle or mobile home; salvage.--
2248	(1)  As used in this section, the term:
2249	(a)  "Certificate of destruction" means the certificate
2250	issued pursuant to s. 713.78(11) or s. 713.785(7)(a).
2251	Section 21.  Section 713.69, Florida Statutes, is amended
2252	to read:
2253	713.69  Unlawful to remove property upon which lien has
2254	accrued.--It is unlawful for any person to remove any property
2255	upon which a lien has accrued under the provisions of s. 713.68,
2256	s. 713.77, or s. 713.785 from any mobile home park, hotel,
2257	apartment house, roominghouse, lodginghouse, boardinghouse or
2258	tenement house without first making full payment to the person
2259	operating or conducting the same of all sums due and payable for
2260	such occupancy or without first having the written consent of
2261	such person so conducting or operating such place to so remove
2262	such property.  Any person violating the provisions of this
2263	section shall, if the property removed in violation hereof be of
2264	the value of $50 or less, be guilty of a misdemeanor of the
2265	second degree, punishable as provided in s. 775.082 or s.
2266	775.083; and if the property so removed should be of greater
2267	value than $50 then such person shall be guilty of a felony of
2268	the third degree, punishable as provided in s. 775.082, s.
2269	775.083, or s. 775.084.
2270	Section 22.  Effective January 1, 2006, section 715.07,
2271	Florida Statutes, is amended to read:
2272	715.07  Vehicles and vessels parked on real private
2273	property without permission; towing.--
2274	(1)  As used in this section, the term:
2275	(a)  "Property owner" means an owner or lessee of real
2276	property, or a person authorized by the owner or lessee, which
2277	person may be the designated representative of the condominium
2278	association if the real property is a condominium.
2279	(b)  "Vehicle" has the same meaning ascribed in s. 508.01
2280	means any mobile item which normally uses wheels, whether
2281	motorized or not.
2282	(c)  "Vessel" has the same meaning ascribed in s. 508.01.
2283	(d)  "Wrecker company" has the same meaning ascribed in s.
2284	508.01.
2285	(e)  "Wrecker operator" has the same meaning ascribed in s.
2286	508.01.
2287	(2)  A property owner The owner or lessee of real property,
2288	or any person authorized by the owner or lessee, which person
2289	may be the designated representative of the condominium
2290	association if the real property is a condominium, may cause a
2291	any vehicle or vessel parked on her or his such property without
2292	her or his permission to be removed by a wrecker company
2293	registered under chapter 508 person regularly engaged in the
2294	business of towing vehicles, without liability for the costs of
2295	removal, transportation, or storage or damages caused by the
2296	such removal, transportation, or storage, under any of the
2297	following circumstances:
2298	(a)  The towing or removal of any vehicle or vessel from
2299	real private property without the consent of the registered
2300	owner or other legally authorized person in control of that
2301	vehicle or vessel is subject to strict compliance with the
2302	following conditions and restrictions:
2303	1.a.  Any towed or removed vehicle or vessel must be stored
2304	at a storage facility site within a 10-mile radius 10 miles of
2305	the point of removal in any county of 500,000 population or
2306	more, and within a 15-mile radius 15 miles of the point of
2307	removal in any county of less than 500,000 population. The
2308	wrecker company's storage facility That site must be open for
2309	the purpose of redemption of vehicles and vessels on any day
2310	that the wrecker company person or firm towing the such vehicle
2311	or vessel is open for towing purposes, from 8 8:00 a.m. to 6
2312	6:00 p.m., and, when closed, must shall have prominently posted
2313	a sign indicating a telephone number where the operator of the
2314	storage facility site can be reached at all times. Upon receipt
2315	of a telephoned request to open the storage facility site to
2316	redeem a vehicle or vessel, the operator shall return to the
2317	storage facility site within 1 hour or she or he is will be in
2318	violation of this section.
2319	b.  If a wrecker company no towing business providing such
2320	service is not located within the area of towing limitations set
2321	forth in sub-subparagraph a., the following limitations apply:
2322	any towed or removed vehicle or vessel must be stored at a
2323	storage facility site within a 20-mile radius 20 miles of the
2324	point of removal in any county of 500,000 population or more,
2325	and within a 30-mile radius 30 miles of the point of removal in
2326	any county of less than 500,000 population.
2327	2.  The wrecker company person or firm towing or removing
2328	the vehicle or vessel must shall, within 30 minutes after of
2329	completion of that such towing or removal, notify the municipal
2330	police department or, in an unincorporated area, the sheriff of
2331	that such towing or removal;, the location of the storage
2332	facility; site, the time the vehicle or vessel was towed or
2333	removed;, and the make, model, color, and license plate number
2334	of the vehicle or the make, model, color, and registration
2335	number of the vessel. The wrecker company must also and shall
2336	obtain the name of the person at that department to whom this
2337	such information is was reported and note that name on the trip
2338	record.
2339	3.  If the registered owner or other legally authorized
2340	person in control of the vehicle or vessel arrives at the scene
2341	before prior to removal or towing of the vehicle or vessel is
2342	towed or removed, the wrecker company must disconnect the
2343	vehicle or vessel shall be disconnected from the wrecker towing
2344	or removal apparatus, and must allow that person shall be
2345	allowed to remove the vehicle or vessel without interference
2346	upon the payment of a reasonable service fee of not more than
2347	one-half of the posted rate for those services such towing
2348	service as provided in subparagraph 6., for which a receipt
2349	shall be given, unless that person refuses to remove the vehicle
2350	or vessel that which is otherwise unlawfully parked or located.
2351	4.  A wrecker company, a wrecker operator, or another
2352	employee or agent of a wrecker company may not give a The rebate
2353	or pay payment of money or any other valuable consideration from
2354	the individual or firm towing or removing vehicles to the
2355	property owner owners or operators of the premises from which a
2356	vehicle or vessel is the vehicles are towed or removed, for the
2357	privilege of removing or towing the vehicle or vessel those
2358	vehicles, is prohibited. A property owner may not solicit a
2359	wrecker company, a wrecker operator, or another employee or
2360	agent of a wrecker company to give him or her a rebate or the
2361	payment of money or other valuable consideration for the
2362	privilege of removing or towing a vehicle from his or her
2363	premises.
2364	5.  Except for property appurtenant to and obviously a part
2365	of a single-family residence, and except for instances when
2366	notice is personally given to the owner or other legally
2367	authorized person in control of the vehicle or vessel that the
2368	area in which that vehicle or vessel is parked is reserved or
2369	otherwise unavailable for unauthorized vehicles or vessels and
2370	subject to being removed at the owner's or operator's expense,
2371	any property owner or lessee, or person authorized by the
2372	property owner or lessee, before prior to towing or removing any
2373	vehicle or vessel from real private property without the consent
2374	of the owner or other legally authorized person in control of
2375	that vehicle or vessel, must post a notice meeting the following
2376	requirements:
2377	a.  The notice must be prominently placed at each driveway
2378	access or curb cut allowing vehicular access to the property,
2379	within 5 feet from the public right-of-way line. If there are no
2380	curbs or access barriers, the signs must be posted not less than
2381	one sign for each 25 feet of lot frontage.
2382	b.  The notice must clearly indicate, in not less than 2-
2383	inch high, light-reflective letters on a contrasting background,
2384	that unauthorized vehicles will be towed away at the owner's
2385	expense. The words "tow-away zone" must be included on the sign
2386	in not less than 4-inch high letters.
2387	c.  The notice must also provide the name and current
2388	telephone number of the wrecker company person or firm towing or
2389	removing the vehicles, if the property owner, lessee, or person
2390	in control of the real property has a written contract with the
2391	wrecker towing company.
2392	d.  The sign structure containing the required notices must
2393	be permanently installed with the words "tow-away zone" not less
2394	than 3 feet and not more than 6 feet above ground level and must
2395	be continuously maintained on the property for not less than 24
2396	hours prior to the towing or removal of any vehicles.
2397	e.  The local government may require permitting and
2398	inspection of these signs prior to any towing or removal of
2399	vehicles being authorized.
2400	f.  A business with 20 or fewer parking spaces satisfies
2401	the notice requirements of this subparagraph by prominently
2402	displaying a sign stating "Reserved Parking for Customers Only
2403	Unauthorized Vehicles Will be Towed Away At the Owner's Expense"
2404	in not less than 4-inch high, light-reflective letters on a
2405	contrasting background.
2406	g.  A property owner towing or removing vessels from real
2407	property must post notice, consistent with the requirements in
2408	sub-subparagraphs a.-f. which apply to vehicles, that
2409	unauthorized vehicles or vessels will be towed away at the
2410	owner's expense.
2411
2412	A business owner or lessee may authorize the removal of a
2413	vehicle or vessel by a wrecker towing company registered under
2414	chapter 508 when the vehicle or vessel is parked in such a
2415	manner that restricts the normal operation of business; and, if
2416	a vehicle or vessel parked on a public right-of-way obstructs
2417	access to a private driveway, the owner, lessee, or agent may
2418	have the vehicle or vessel removed by a wrecker towing company
2419	registered under chapter 508 upon signing an order that the
2420	vehicle or vessel be removed without a posted tow-away zone
2421	sign.
2422	6.  Each wrecker company Any person or firm that tows or
2423	removes vehicles or vessels and proposes to require an owner,
2424	operator, or person in control of a vehicle or vessel to pay the
2425	costs of towing and storage prior to redemption of the vehicle
2426	or vessel must file and keep on record with the local law
2427	enforcement agency a complete copy of the current rates to be
2428	charged for those such services and post at the wrecker
2429	company's storage facility site an identical rate schedule and
2430	any written contracts with property owners, lessees, or persons
2431	in control of real property which authorize the wrecker company
2432	such person or firm to remove vehicles or vessels as provided in
2433	this section.
2434	7.  Each wrecker company Any person or firm towing or
2435	removing any vehicles or vessels from real private property
2436	without the consent of the owner or other legally authorized
2437	person in control of the vehicles or vessels must shall, on each
2438	wrecker any trucks, wreckers as defined in s. 320.01 s.
2439	713.78(1)(c), or other vehicles used in the towing or removal,
2440	have the name, address, and telephone number of the wrecker
2441	company performing such service clearly printed in contrasting
2442	colors on the driver and passenger sides of the wrecker vehicle.
2443	The name must shall be in at least 3-inch permanently affixed
2444	letters, and the address and telephone number must shall be in
2445	at least 1-inch permanently affixed letters.
2446	8.  Vehicle or vessel entry for the purpose of towing or
2447	removing the vehicle or vessel is shall be allowed with
2448	reasonable care by on the part of the wrecker company and the
2449	wrecker operators person or firm towing the vehicle or vessel
2450	for the wrecker company. A wrecker company, its wrecker
2451	operators, and other employees or agents of the wrecker company
2452	are not Such person or firm shall be liable for any damage
2453	occasioned to the vehicle or vessel if such entry to the vehicle
2454	or vessel is performed not in accordance with the standard of
2455	reasonable care.
2456	9.  When a vehicle or vessel is has been towed or removed
2457	under pursuant to this section, the wrecker company it must
2458	release the vehicle or vessel be released to its owner or
2459	custodian within one hour after requested. Any vehicle or vessel
2460	owner, custodian, or agent has shall have the right to inspect
2461	the vehicle or vessel before accepting its return. A wrecker
2462	company may not require any vehicle or vessel owner, custodian,
2463	or agent to, and no release the wrecker company or waiver of any
2464	kind which would release the person or firm towing the vehicle
2465	or vessel from liability for damages noted by the owner or other
2466	legally authorized person at the time of the redemption may be
2467	required from any vehicle owner, custodian, or agent as a
2468	condition of release of the vehicle or vessel to its owner. A
2469	wrecker company must give a person paying towing and storage
2470	charges under this section a detailed, signed receipt showing
2471	the legal name of the wrecker company or person towing or
2472	removing the vehicle must be given to the person paying towing
2473	or storage charges at the time of payment, whether requested or
2474	not.
2475	(b)  These requirements are shall be the minimum standards
2476	and do shall not preclude enactment of additional regulations by
2477	any municipality or county, including the regulation of right to
2478	regulate rates when vehicles or vessels are towed from real
2479	private property.
2480	(3)  This section does not apply to vehicles or vessels
2481	that are reasonably identifiable from markings as law
2482	enforcement, firefighting, rescue squad, ambulance, or other
2483	emergency vehicles or vessels which are marked as such or to
2484	property owned by any governmental entity.
2485	(4)  When a person improperly causes a vehicle or vessel to
2486	be removed, that such person is shall be liable to the owner or
2487	lessee of the vehicle or vessel for the cost of removal,
2488	transportation, and storage; any damages resulting from the
2489	removal, transportation, or storage of the vehicle or vessel;
2490	attorneys' fees; and court costs.
2491	(5)  Failure to make good-faith efforts to comply with the
2492	notice requirements in subparagraph (2)(a)5. precludes the
2493	imposition of any towing or storage charges against the vehicle
2494	or vessel.
2495	(6)(5)(a)  Any person who violates the provisions of
2496	subparagraph (2)(a)2. or subparagraph (2)(a)6. commits is guilty
2497	of a misdemeanor of the first degree, punishable as provided in
2498	s. 775.082 or s. 775.083.
2499	(b)  Any person who violates the provisions of subparagraph
2500	(2)(a)1., subparagraph (2)(a)3., subparagraph (2)(a)4.,
2501	subparagraph (2)(a)7., or subparagraph (2)(a)9. commits is
2502	guilty of a felony of the third degree, punishable as provided
2503	in s. 775.082, s. 775.083, or s. 775.084.
2504	Section 23.  Effective January 1, 2006, subsection (15) of
2505	section 1.01, Florida Statutes, is repealed.
2506	Section 24.  The sum of $693,000 is appropriated from the
2507	General Inspection Trust Fund to the Department of Agriculture
2508	and Consumer Services, and 10 additional full-time-equivalent
2509	positions are authorized, for the purpose of implementing this
2510	act during the 2005-2006 fiscal year.
2511	Section 25.  Except as otherwise expressly provided in this
2512	act, this act shall take effect July 1, 2005.

CODING: Words stricken are deletions; words underlined are additions.