HB 0341

CS

CHAMBER ACTION

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

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