HB 93

1	A bill to be entitled
2	An act relating to wrecker services; creating chapter 508,
3	F.S.; providing for regulatory oversight of wrecker
4	services by the Department of Agriculture and Consumer
5	Services; creating s. 508.101, F.S.; providing
6	definitions; creating s. 508.102, F.S.; creating the
7	Wrecker Operator Advisory Council within the Department of
8	Agriculture and Consumer Services; providing for
9	membership, terms, and organization; providing for meeting
10	procedures and recordkeeping; providing for reimbursement
11	for travel and per diem expenses; directing the department
12	to provide support services for the council; directing the
13	council to review rules adopted by the department and to
14	advise the department on matters relating to standards and
15	practices in the wrecker industry; creating s. 508.103,
16	F.S.; authorizing the department to adopt rules; creating
17	s. 508.105, F.S.; requiring wrecker companies to register
18	annually with the department; providing for the
19	registration application; providing for processing of
20	fingerprints by the Department of Law Enforcement;
21	requiring fees for processing; providing for issuance of
22	registration certificate; requiring display of the
23	certificate; providing requirements for advertisements;
24	requiring notification of changes in registration
25	information; requiring certain fees to be paid; requiring
26	certain companies to obtain a local business tax receipt
27	prior to registration renewal; requiring insurance
28	coverage; requiring the department to notify the
29	Department of Highway Safety and Motor Vehicles when a
30	registration has been suspended or revoked; creating s.
31	508.106, F.S.; authorizing the Department of Agriculture
32	and Consumer Services to deny, revoke, or refuse to renew
33	the registration of a wrecker company under certain
34	circumstances; creating s. 508.1061, F.S.; requiring a
35	wrecker company to accept certain forms of payment;
36	creating s. 508.107, F.S.; requiring the department to
37	establish a certification program for wrecker operators;
38	providing for the council to approve certification courses
39	and the organizations conducting the courses; providing
40	for the council to prescribe course curricula; providing
41	requirements for courses; requiring each course to include
42	an examination approved by the council; providing criteria
43	for the examination; requiring the organization conducting
44	the course to issue the certificate to the wrecker
45	operator; creating s. 508.108, F.S.; requiring each
46	certification course to offer optional specialized wrecker
47	services instruction, training, and examinations;
48	describing specialized wrecker services; directing the
49	department to adopt rules prescribing specific standards
50	to further define each specialized wrecker service;
51	requiring council approval of the instruction, training,
52	and examination; requiring the organization conducting the
53	course to issue the certificate to the wrecker operator;
54	creating s. 508.109, F.S.; providing for form and content
55	of certification cards; authorizing the department to
56	adopt rules for issuance of certification cards to an
57	operator who completes a certification course and passes a
58	certification examination in another state or completed a
59	certification course and passed a certification
60	examination in this state during a certain time period;
61	authorizing the department to adopt rules for issuance of
62	endorsements for specialized services to a wrecker
63	operator who completed instruction and training for a
64	specialized wrecker service and passed an endorsement
65	examination for that specialized wrecker service during a
66	certain time period; providing for approval by the council
67	of out-of-state certification instructions, training, and
68	examinations; providing for expiration of certification;
69	requiring certification cards to be issued by the
70	organizations conducting the courses; creating s. 508.111,
71	F.S.; providing requirements for recertification;
72	providing for a continuing education program to be
73	established by the department; providing for curricula and
74	examinations to be prescribed by the council; requiring
75	course approval by the council; providing for a
76	certificate to be issued by the training organization to
77	the wrecker operator; creating s. 508.112, F.S.;
78	prohibiting certain acts; creating ss. 508.113 and
79	508.114, F.S.; providing administrative and civil
80	penalties; creating s. 508.116, F.S.; providing for
81	registration and renewal fees; creating s. 508.117, F.S.;
82	providing for deposit and use of fees, penalties, and
83	other funds; creating s. 508.118, F.S.; providing that the
84	chapter does not apply to recovery agents; creating s.
85	508.119, F.S.; authorizing counties and municipalities to
86	enact ordinances governing wrecker operators; providing
87	for the department to enter into a cooperative agreement
88	with a county or municipality for the referral,
89	investigation, and prosecution of consumer complaints or
90	enforcement of specified wrecker services provisions;
91	creating s. 508.120, F.S.; requiring that a wrecker
92	company maintain records of its services and operators;
93	requiring organizations that conduct operator
94	certification or continuing education courses to maintain
95	records on each person who successfully completes one of
96	the courses; authorizing inspection of records by the
97	department; creating s. 508.104, F.S.; prohibiting persons
98	from owning, operating, or being issued a local business
99	tax receipt on behalf of a wrecker company without first
100	registering with the department; requiring registration
101	prior to issuance or renewal of local business tax
102	receipt; excluding certain motor vehicle repair shops and
103	dealers; creating s. 508.110, F.S.; prohibiting the
104	performance of wrecker services after a certain date
105	unless the operator is in the employ of a company that is
106	registered; requiring wrecker operators to be certified;
107	providing exceptions for certain shops and organizations;
108	authorizing the department to inspect company records;
109	creating s. 508.115, F.S.; providing criminal penalties;
110	amending s. 120.80, F.S.; providing for appointment of a
111	hearing officer by the director of the Division of the
112	Florida Highway Patrol when a hearing is held to deny,
113	suspend, or remove a wrecker company from participating in
114	the wrecker allocation system; creating s. 205.1977, F.S.;
115	prohibiting a county or municipality from issuing or
116	renewing a business tax receipt for a wrecker company that
117	is not registered with the Department of Agriculture and
118	Consumer Services; amending s. 316.530, F.S., relating to
119	towing requirements; conforming terminology; amending s.
120	320.01, F.S.; redefining the term "wrecker" for purposes
121	of the Florida Statutes; amending s. 320.03, F.S.,
122	relating to withholding the motor vehicle registration
123	plate or revalidation sticker; providing for application
124	of provisions to wrecker companies rather than wrecker
125	operators; amending s. 320.0706, F.S.; requiring a wrecker
126	to display the registration license plate only on its
127	front; amending s. 320.0821, F.S.; revising requirements
128	for the issuance of wrecker license plates; requiring the
129	license plate to be displayed on the front of the wrecker;
130	amending s. 320.13, F.S., relating to dealer license
131	plates; conforming terminology; reenacting ss.
132	316.550(4)(a) and (9) and 320.08(5)(d) and (e), F.S.,
133	relating to special wrecker permits and license taxes, to
134	incorporate the amendment to s. 320.01, F.S., in
135	references thereto; amending s. 321.051, F.S.; revising
136	provisions for the Florida Highway Patrol wrecker operator
137	system; changing the designation to "wrecker allocation
138	system"; providing definitions; revising provisions that
139	authorize the Division of the Florida Highway Patrol
140	within the Department of Highway Safety and Motor Vehicles
141	to establish the system; revising requirements for the
142	system; limiting the system to using certain registered
143	wrecker companies; revising wrecker eligibility
144	requirements; revising provisions for procedures for
145	appeal of final orders by the department denying,
146	suspending, or revoking eligibility to participate;
147	prohibiting an unauthorized wrecker company and wrecker
148	operators dispatched by an unauthorized company from
149	engaging in certain activities; requiring those operators
150	to disclose certain information to the owner or operator
151	of a wrecked or disabled vehicle prior to towing;
152	providing penalties; providing for a law enforcement
153	officer to dispatch an authorized wrecker company other
154	than a company requested by the vehicle owner or operator
155	or to dispatch a company out of rotation; amending s.
156	323.001, F.S.; revising procedures for placement of a hold
157	on a vehicle at a storage facility; providing for
158	placement of a hold by a law enforcement agency; providing
159	definitions; revising provisions for payment of towing and
160	storage charges; revising rate limitation provisions;
161	amending s. 323.002, F.S.; revising provisions for county
162	and municipal wrecker operator systems; changing the
163	designation to "wrecker allocation systems"; providing
164	definitions; limiting the systems to using certain
165	registered wrecker companies; prohibiting an unauthorized
166	wrecker company and wrecker operators dispatched by an
167	unauthorized company from engaging in certain activities;
168	requiring those operators to disclose certain information
169	to the owner or operator of a wrecked or disabled vehicle
170	prior to towing; providing penalties; providing for a law
171	enforcement officer to dispatch an authorized wrecker
172	company other than a company requested by the vehicle
173	owner or operator or to dispatch a company out of
174	rotation; amending s. 713.78, F.S.; providing for claim of
175	lien by a wrecker company for recovering, removing, or
176	storing a vehicle or vessel; conforming provisions to
177	changes made by the act; providing definitions; requiring
178	notification to the vehicle or vessel owners, insurers,
179	and lienholders; providing for a law enforcement agency to
180	obtain information from the Department of Highway Safety
181	and Motor Vehicles and provide the information to the
182	wrecker company; providing notice procedures; providing
183	for content of the notice; providing for notice to the
184	agency of jurisdiction if the vehicle or vessel owner or
185	lienholder cannot be identified; revising procedures for
186	complaint by the vehicle or vessel owner; providing for
187	release of the vehicle or vessel; requiring damages,
188	attorney's fees, and costs to be awarded by the court;
189	requiring immediate payment of recovery, towing, and
190	storage fees to be ordered by the court; providing for
191	notice and sale of the vehicle or vessel by the wrecker
192	company; providing for distribution of proceeds; providing
193	for discharge of liens and issuance of certificate of
194	title; providing immunity from liability for a wrecker
195	company, its operators, and other employees or agents
196	under certain conditions; providing for a presumption of
197	the use of reasonable care; requiring wrecker company
198	information to be printed on the wrecker; specifying that
199	failure to make good faith, best efforts to comply with
200	notice requirements precludes imposition of storage
201	charges; requiring a wrecker company to provide access to
202	the vehicle or vessel; requiring release of the vehicle,
203	vessel, or personal property to the owner or agent of the
204	owner; requiring the wrecker company to obtain a
205	certificate of destruction in lieu of a certificate of
206	title when the vehicle or vessel is to be dismantled,
207	destroyed, or changed in such a manner that it is not the
208	motor vehicle or vessel described in the certificate of
209	title; providing for issuance of the certificate of
210	destruction by the county tax collector; providing
211	requirements for application for the certificate of
212	destruction; providing for reassignment of the certificate
213	of destruction; authorizing the Department of Highway
214	Safety and Motor Vehicles to adopt rules; providing
215	penalties for specified violations; authorizing the
216	Department of Highway Safety and Motor Vehicles to inspect
217	wrecker company records; directing the Department of
218	Highway Safety and Motor Vehicles, upon notice of lien
219	from a wrecker company, to place the name of the owner of
220	the vehicle or vessel on the list of those persons who may
221	not be issued a license plate or revalidation sticker for
222	a motor vehicle; providing for forms for the notice of
223	lien; providing for dispute by the owner; providing for
224	the owner's name to be removed from the list of those
225	persons who may not be issued a license plate or
226	revalidation sticker for a motor vehicle; providing for
227	lien expiration; requiring a certificate of discharge to
228	be issued by the wrecker company; providing for certain
229	fees and charges; providing for application and
230	exceptions; clarifying that the amendments made by the act
231	do not affect the validity of prior liens; amending s.
232	715.07, F.S., revising provisions for the towing and
233	storage of vehicles and vessels parked on real property
234	without permission; providing definitions; providing
235	requirements for storage facility operation; providing
236	requirements for a wrecker company, its operators, and
237	other employees or agents; prohibiting a wrecker company,
238	a wrecker operator, or another employee or agent of a
239	wrecker company from paying or accepting payment for the
240	privilege of removing vehicles or vessels from a
241	particular location; revising requirements for tow-away
242	signs to be posted by property owners; requiring a wrecker
243	company to maintain rate schedules with the local law
244	enforcement agency and to post rates and contracts at its
245	storage facility; revising requirements for certain
246	signage on a wrecker; providing immunity from liability
247	for a wrecker company, its operators, and other employees
248	or agents if entry into the vehicle or vessel is performed
249	with reasonable care; revising provisions for release of
250	the vehicle or vessel; providing that failure to comply
251	with notice requirements precludes a wrecker company from
252	imposing certain towing or storage charges; providing
253	penalties; repealing s. 1.01(15), F.S., relating to the
254	definition of the term "wrecker operator"; providing an
255	appropriation and authorizing additional positions;
256	providing effective dates.
257
258	Be It Enacted by the Legislature of the State of Florida:
259
260	Section 1.  Chapter 508, Florida Statutes, consisting of
261	sections 508.101, 508.102, 508.103, 508.105, 508.106, 508.1061,
262	508.107, 508.108, 508.109, 508.111, 508.112, 508.113, 508.114,
263	508.116, 508.117, 508.118, 508.119, and 508.120, is created to
264	read:
265	CHAPTER 508
266	WRECKER SERVICES
267	508.101  Definitions.--As used in this chapter, the term:
268	(1)  "Business entity" means any form of corporation,
269	limited liability company, partnership, association,
270	cooperative, joint venture, business trust, sole proprietorship,
271	or self-employed person conducting business in this state.
272	(2)  "Council" means the Wrecker Operator Advisory Council.
273	(3)  "Department" means the Department of Agriculture and
274	Consumer Services.
275	(4)  "Specialized wrecker service" means a wrecker service
276	described in s. 508.108. A wrecker operator is required to
277	obtain the applicable certification endorsement before
278	performing a specialized wrecker service.
279	(5)  "Ultimate equitable owner" means a natural person who,
280	directly or indirectly, owns or controls 10 percent or more of
281	an ownership interest in a wrecker company, regardless of
282	whether the natural person owns or controls the ownership
283	interest through one or more natural persons or one or more
284	proxies, powers of attorney, nominees, business entities, or any
285	combination thereof.
286	(6)  "Vehicle" means any vehicle of a type that may be
287	registered under chapter 320 for operation on the roads of this
288	state, regardless of whether the vehicle is actually registered.
289	The term does not include a mobile home or manufactured home as
290	defined in s. 320.01.
291	(7)  "Vessel" means any type of watercraft, barge, or
292	airboat, however described, used or capable of being used as a
293	means of transportation on water, other than a seaplane or a
294	documented vessel as defined in s. 327.02.
295	(8)  "Wrecker" has the same meaning ascribed in s. 320.01.
296	(9)  "Wrecker company" means a business entity engaged for
297	hire in the business of towing, carrying, or transporting
298	vehicles or vessels by wrecker upon the streets and highways of
299	this state. The term does not include a person regularly engaged
300	in the business of transporting mobile homes.
301	(10)  "Wrecker operator" means a person who performs
302	wrecker services.
303	(11)  "Wrecker services" means towing, carrying, or
304	otherwise transporting vehicles or vessels by wrecker upon the
305	streets and highways of this state for hire. The term includes,
306	but is not limited to, each of the following:
307	(a)  Driving a wrecker.
308	(b)  Loading, securing, and unloading a vehicle or vessel
309	on a wrecker using a boom, winch, car carrier, or other similar
310	equipment.
311	(c)  Towing or removal of a wrecked, disabled, or abandoned
312	vehicle under the Florida Highway Patrol wrecker allocation
313	system pursuant to s. 321.051 or under a county or municipal
314	wrecker allocation system pursuant to s. 323.002.
315	(d)  Towing, recovery, or removal of a vehicle or vessel
316	under s. 713.78.
317	(e)  Towing, transportation, or removal of a vehicle or
318	vessel parked on real property without permission under s.
319	715.07.
320	(f)  Recovery of a vehicle or vessel.
321	508.102  Wrecker Operator Advisory Council.--
322	(1)  The Wrecker Operator Advisory Council is created
323	within the department. The council shall advise and assist the
324	department in administering this chapter.
325	(2)(a)  The council shall be composed of six members
326	appointed by the Commissioner of Agriculture. In addition, the
327	executive director of the Professional Wrecker Operators of
328	Florida, Inc., shall serve ex officio as a voting member of the
329	council.
330	(b)  Three members of the council must each be an ultimate
331	equitable owner of a wrecker company who has been an ultimate
332	equitable owner of that company for at least 5 years before his
333	or her appointment; one member must be a wrecker operator who is
334	not an ultimate equitable owner of a wrecker company and who has
335	been a wrecker operator for at least 5 years before his or her
336	appointment; and two members must be laypersons. Each member
337	must be a resident of this state. This paragraph expires July 1,
338	2013.
339	(c)  Effective July 1, 2013, three members of the council
340	must each be an ultimate equitable owner of a wrecker company
341	registered under this chapter who has been an ultimate equitable
342	owner of that company registered for at least 5 years before his
343	or her appointment; one member must be a wrecker operator
344	certified under this chapter who is not an ultimate equitable
345	owner of a wrecker company and who has been a certified wrecker
346	operator for at least 5 years before his or her appointment; and
347	two members must be laypersons. Each member must be a resident
348	of this state.
349	(3)  The term of each member of the council is 4 years,
350	except, to establish staggered terms, two members who are owners
351	of wrecker companies and one layperson shall be appointed
352	initially for a 2-year term. Members may be reappointed for
353	additional terms not to exceed 8 years of consecutive service. A
354	vacancy shall be filled for the remainder of the unexpired term
355	in the same manner as the original appointment.
356	(4)(a)  From among its members, the council shall annually
357	elect a chair, who shall preside over the meetings of the
358	council, and a vice chair.
359	(b)  In conducting its meetings, the council shall use
360	accepted rules of procedure. The department shall keep a
361	complete record of each meeting showing the names of members
362	present and the actions taken. These records and other documents
363	regarding matters within the jurisdiction of the council must be
364	kept on file with the department.
365	(5)  The members of the council shall serve without
366	compensation but are entitled to reimbursement of travel and per
367	diem expenses under s. 112.061.
368	(6)  The department shall provide administrative and staff
369	support services relating to the functions of the council.
370	(7)  The council shall review the rules adopted by the
371	department to administer this chapter and shall advise the
372	department on matters relating to industry standards and
373	practices and other issues that require technical expertise and
374	consultation or that promote better consumer protection in the
375	wrecker industry.
376	508.103  Rulemaking authority.--The department may adopt
377	rules under ss. 120.536(1) and 120.54 to administer this
378	chapter.
379	508.105  Registration requirements; renewal of
380	registrations.--
381	(1)  Each wrecker company engaged or attempting to engage
382	for hire in the business of towing, carrying, or transporting
383	vehicles or vessels by wrecker upon the streets and highways of
384	this state must annually register with the department on forms
385	prescribed by the department. The application for registration
386	must include at least the following information:
387	(a)  The name and federal employer identification number of
388	the wrecker company.
389	(b)  The mailing address, physical address, and telephone
390	number of the wrecker company's primary place of business.
391	(c)  The fictitious name under which the wrecker company
392	transacts business in this state.
393	(d)  The full name, residence address, business address,
394	and telephone number of the applicant. If the applicant is other
395	than a natural person, the application must also contain the
396	full name, residence address, business address, telephone
397	number, and federal employer identification number, if
398	applicable, of each ultimate equitable owner of the business
399	entity and each officer, director, partner, manager, member, or
400	managing member of the entity.
401	(e)  If the applicant is other than a natural person, the
402	full name of the business entity's registered agent and the
403	address of the registered office for service of process.
404	(f)  The physical address and telephone number of each
405	business location and each storage facility where the wrecker
406	company stores towed vehicles or vessels.
407	(2)  Each initial and renewal application for registration
408	must be accompanied by the registration fee prescribed in s.
409	508.116.
410	(3)  Each initial application for registration must be
411	accompanied by a complete set of the applicant's fingerprints
412	taken by a law enforcement agency. If the applicant is other
413	than a natural person, a complete set of fingerprints must be
414	filed for each ultimate equitable owner of the business entity
415	and each officer, director, partner, manager, member, or
416	managing member of the entity. The department shall submit the
417	fingerprints to the Department of Law Enforcement for state
418	processing, and the Department of Law Enforcement shall forward
419	the fingerprints to the Federal Bureau of Investigation for
420	national processing. The applicant must also pay the Department
421	of Law Enforcement a fingerprint processing fee of $23 for state
422	processing, and the amount of the fee charged by the Federal
423	Bureau of Investigation for federal processing, for each
424	applicant's name submitted. Registration renewal applications
425	need not be accompanied by a set of fingerprints for an
426	individual who previously submitted a set of fingerprints to the
427	department as part of a prior year's registration application.
428	(4)  The department shall review each application in
429	accordance with s. 120.60 and shall issue a registration
430	certificate, in the form and size prescribed by the department,
431	to each wrecker company whose application is approved. The
432	certificate must show at least the name and address of the
433	wrecker company and the registration number. The registration
434	certificate must be prominently displayed in the wrecker
435	company's primary place of business.
436	(5)  Each advertisement of a wrecker company must include
437	the phrase "Fla. Wrecker Co. Reg. No.     ." For the purpose of
438	this subsection, the term "advertisement" means a printed or
439	graphic statement made in a newspaper or other publication or
440	contained in any notice, handbill, or sign, including signage on
441	a vehicle, flyer, catalog, or letter.
442	(6)  A registration is invalid for a wrecker company
443	transacting business at a place other than the location
444	specified in the registration application unless the department
445	is first notified in writing before the change of location. A
446	registration issued under this chapter is not transferable or
447	assignable, and a wrecker company may not conduct business under
448	a name other than the name registered. A wrecker company
449	desiring to change its registered name, location, or registered
450	agent for service of process at a time other than upon renewal
451	of registration must notify the department of the change.
452	(7)(a)  Each registration must be renewed annually on or
453	before the expiration date of the current registration. A late
454	fee of $25 must be paid, in addition to the registration fee or
455	any other penalty, for a registration renewal application that
456	is received by the department after the expiration date of the
457	current registration. The department may not issue a
458	registration until all fees are paid.
459	(b)  A wrecker company whose primary place of business is
460	located within a county or municipality that requires, by local
461	ordinance, a local business tax receipt under chapter 205 may
462	not renew a registration under this chapter unless the wrecker
463	company obtains the business tax receipt from the county or
464	municipality.
465	(8)  Each wrecker company must provide the department with
466	a certificate of insurance for the insurance coverage required
467	under s. 627.7415 before the department may issue the
468	certificate for an initial or renewal registration. The
469	department must be named as a certificateholder on the insurance
470	certificate and must be notified at least 30 days before any
471	change in insurance coverage.
472	(9)  The department shall notify the Department of Highway
473	Safety and Motor Vehicles when a registration issued under this
474	chapter has been suspended or revoked by order of the
475	department. Notification must be sent within 10 days after the
476	department issues the suspension or revocation order.
477	508.106  Denial of registration.--The department may deny,
478	revoke, or refuse to renew the registration of a wrecker company
479	based upon a determination that the applicant or, if the
480	applicant is other than a natural person, the wrecker company or
481	any of its ultimate equitable owners, officers, directors,
482	partners, managers, members, or managing members has:
483	(1)  Not met the requirements for registration under this
484	chapter;
485	(2)  Been convicted or found guilty of, regardless of
486	adjudication, or pled guilty or nolo contendere to, a felony
487	within the last 10 years;
488	(3)  Been convicted or found guilty of, regardless of
489	adjudication, or pled guilty or nolo contendere to, a crime
490	within the last 10 years involving repossession of a motor
491	vehicle under chapter 493, repair of a motor vehicle under ss.
492	559.901-559.9221, theft of a motor vehicle under s. 812.014,
493	carjacking under s. 812.133, operation of a chop shop under s.
494	812.16, failure to maintain records of motor vehicle parts and
495	accessories under s. 860.14, violations relating to airbags
496	under s. 860.145 or use of fake airbags under s. 860.146,
497	overcharging for repairs and parts under s. 860.15, or a
498	violation of towing or storage requirements for a motor vehicle
499	under this chapter, s. 321.051, chapter 323, s. 713.78, or s.
500	715.07;
501	(4)  Not satisfied a civil fine or penalty arising out of
502	an administrative or enforcement action brought by the
503	department, another governmental agency, or a private person
504	based upon conduct involving a violation of this chapter;
505	(5)  Pending against him or her a criminal, administrative,
506	or enforcement proceeding in any jurisdiction based upon conduct
507	involving a violation of this chapter; or
508	(6)  Had a judgment entered against him or her in an action
509	brought by the department under this chapter.
510	508.1061  Acceptable forms of payment.--A wrecker company
511	shall accept a minimum of two of the three following forms of
512	payment:
513	(1)  Cash, cashier's check, money order, or traveler's
514	check.
515	(2)  Valid personal check, showing upon its face the name
516	and address of the vehicle or vessel owner or authorized
517	representative.
518	(3)  Valid credit card, including, but not limited to, Visa
519	or MasterCard.
520	508.107  Wrecker operator certification program.--
521	(1)  The department, in consultation with the council,
522	shall establish a wrecker operator certification program by
523	December 31, 2007. Under this program, the council shall approve
524	certification courses for wrecker operators conducted by
525	approved organizations. The council shall prescribe the minimum
526	curricula for these courses, which must comprise at least 16
527	hours, equally apportioned between theoretical instruction and
528	practical training. The council must approve each organization
529	and its certification course before the course is accepted for
530	certification of wrecker operators under this chapter.
531	(2)  Each approved wrecker operator certification course
532	must include a certification examination demonstrating a wrecker
533	operator's knowledge, skills, and abilities in performing
534	wrecker services and proficiency in the subject matter of the
535	certification course. The council must approve each
536	certification examination before the examination is accepted for
537	certification of wrecker operators under this chapter.
538	(3)  Each organization conducting an approved wrecker
539	operator certification course must issue on forms prescribed by
540	the department a certificate to each wrecker operator who
541	completes the approved certification course and passes the
542	approved certification examination.
543	508.108  Specialized wrecker services.--
544	(1)  In addition to the minimum curricula for certification
545	of wrecker operators, each approved certification course must
546	offer optional instruction, training, and examination of wrecker
547	operators for each of the following specialized wrecker
548	services:
549	(a)  Light duty.--Towing and winching a passenger vehicle
550	and uprighting an overturned passenger vehicle, including the
551	proper use of chains, wire rope, and straps.
552	(b)  Medium duty.--Towing and winching a medium-sized
553	commercial vehicle and uprighting an overturned medium-sized
554	commercial vehicle.
555	(c)  Heavy duty.--Towing and winching a standard large-
556	large-sized commercial vehicle and uprighting an overturned
557	standard large-sized commercial vehicle.
558	(d)  Ultra-heavy duty.--Towing and winching a specialty
559	large-sized commercial vehicle or another complex vehicle and
560	uprighting an overturned specialty large-sized commercial
561	vehicle or another complex vehicle.
562	(e)  Rollback wrecker.--Proper loading, securing,
563	transporting, and unloading of a vehicle on a flatbed-rollback
564	wrecker.
565	(f)  Hazardous materials.--Awareness of hazardous
566	materials. Instruction and training for this wrecker service
567	must comprise at least 8 hours in order to be approved.
568	(g)  Air cushions.--Proper use of air cushions in the
569	recovery of a heavy-duty vehicle.
570	(2)  The department shall adopt rules prescribing specific
571	standards to further define each of the specialized wrecker
572	services described in subsection (1). The council must approve
573	the instruction, training, and examination for a specialized
574	wrecker service before the specialized wrecker service is
575	accepted for endorsement of a wrecker operator's certification
576	under this chapter.
577	(3)  Each organization conducting an approved wrecker
578	operator certification course must issue on forms prescribed by
579	the department a certificate to each wrecker operator who
580	completes the approved instruction and training for a
581	specialized wrecker service and passes the approved endorsement
582	examination for that specialized wrecker service.
583	508.109  Certification cards.--
584	(1)  Each organization conducting an approved wrecker
585	operator certification course must issue a certification card to
586	each wrecker operator who completes the approved certification
587	course and passes the approved certification examination. The
588	department must approve the form of the certification cards
589	issued by each organization. Each certification card must
590	include the wrecker operator's name, a color photograph or
591	digital image of the wrecker operator, and the expiration date
592	of the certification card.
593	(2)  Each certification card must also include the wrecker
594	operator's applicable endorsements for those specialized wrecker
595	services for which the wrecker operator completed the approved
596	instruction and training and passed the approved endorsement
597	examination.
598	(3)(a)  The department may adopt rules governing the
599	issuance of a certification card to a wrecker operator who:
600	1.  Completes a certification course and passes a
601	certification examination in another state, which course and
602	examination are substantially equivalent to the approved
603	certification courses and approved certification examinations in
604	this state.
605	2.  Completed a certification course and passed a
606	certification examination in this state between January 1, 2003,
607	and December 31, 2007, which course and examination are
608	substantially equivalent to the approved certification courses
609	and the approved certification examinations. This subparagraph
610	expires July 1, 2008.
611	3.  Completed instruction and training for a specialized
612	wrecker service and passed an endorsement examination for that
613	specialized wrecker service between January 1, 2003, and
614	December 31, 2007, which instruction, training, and examination
615	are substantially equivalent to the approved instruction and
616	training and the approved endorsement examinations. This
617	subparagraph expires July 1, 2008.
618	(b)  For the purposes of this subsection, the council shall
619	approve each certification examination in another state, and
620	shall approve the instruction, training, and examination for
621	each specialized wrecker service in another state, that the
622	council determines are substantially equivalent to the approved
623	certification courses and approved certification examinations in
624	this state or to the approved instruction, training, and
625	endorsement examinations for a specialized wrecker service in
626	this state.
627	(4)  Each certification card expires 5 years after the date
628	of issuance.
629	(5)  Certification cards shall be issued by the
630	organizations conducting approved wrecker operator certification
631	courses. The department is not responsible for issuing
632	certification cards or for the costs associated with the
633	issuance of certification cards.
634	508.111  Renewal of certification; continuing education
635	requirements.--
636	(1)  The department, in consultation with the council,
637	shall establish a continuing education program for the
638	recertification of wrecker operators by December 31, 2008. In
639	order to renew a wrecker operator's certification card, an
640	operator must complete a continuing education course. The
641	council must prescribe the minimum curricula and proper
642	examination for each continuing education course, each of which
643	must be at least 8 hours in length. The council shall approve
644	each organization, and the continuing education course it
645	proposes to offer, before the course is approved for
646	recertifying wrecker operators.
647	(2)  Each organization conducting an approved wrecker
648	operator continuing education course must issue, on forms
649	prescribed by the department, a certificate to each wrecker
650	operator who completes the approved course and passes an
651	approved recertification examination.
652	508.112  Prohibited acts.--It is a violation of this
653	chapter for a person to:
654	(1)  Charge rates that exceed the maximum rates imposed by
655	the ordinances of the respective county or municipality under
656	ss. 125.0103(1)(c) and 166.043(1)(c).
657	(2)  Violate s. 321.051, relating to the Florida Highway
658	Patrol wrecker allocation system.
659	(3)  Violate s. 323.002, relating to county and municipal
660	wrecker allocation systems.
661	(4)  Violate s. 713.78, relating to liens for recovering,
662	towing, or storing vehicles and vessels.
663	(5)  Violate s. 715.07, relating to towing or removing
664	vehicles and vessels parked on real property without permission.
665	(6)  Refuse to allow a law enforcement officer to inspect a
666	towing and storage facility as required in s. 812.055.
667	(7)  Allow a person who is not certified as a wrecker
668	operator under this chapter to perform wrecker services or
669	specialized wrecker services for the wrecker company for more
670	than 6 months after first being employed by, or becoming an
671	ultimate equitable owner of, the wrecker company.
672	(8)  Allow a wrecker operator certified under this chapter
673	to perform a specialized wrecker service for the wrecker company
674	if the wrecker operator's certification does not include an
675	endorsement for that specialized wrecker service.
676	(9)  Perform an act otherwise prohibited by this chapter or
677	fail to perform an act otherwise required by this chapter.
678	508.113  Administrative penalties; inspection of records.--
679	(1)  The department may take one or more of the following
680	actions if the department finds that a person has violated this
681	chapter or the rules or orders issued under this chapter:
682	(a)  Issue a notice of noncompliance under s. 120.695.
683	(b)  Impose an administrative fine not to exceed $5,000 for
684	each act or omission.
685	(c)  Direct the person to cease and desist specified
686	activities.
687	(d)  Refuse to register the wrecker company or suspend or
688	revoke the wrecker company's registration.
689	(e)  Place the wrecker company on probation for a period of
690	time, subject to the conditions specified by the department.
691	(2)  Chapter 120 shall govern an administrative proceeding
692	resulting from an order imposing a penalty specified in
693	subsection (1).
694	508.114  Civil penalties.--The department may bring a civil
695	action in a court of competent jurisdiction to recover any
696	penalties or damages allowed in this chapter and for injunctive
697	relief to enforce compliance with this chapter. The department
698	may seek a civil penalty of up to $5,000 for each violation of
699	this chapter and may seek restitution for and on behalf of any
700	owner of a vehicle or vessel who is aggrieved or injured by a
701	violation of this chapter.
702	508.116  Fees.--The department shall adopt by rule a fee
703	schedule not to exceed the following amounts:
704	(1)  Wrecker company registration fee: $495.
705	(2)  Wrecker company registration renewal fee: $495.
706	508.117  General Inspection Trust Fund; payments.--All
707	fees, penalties, or other funds collected by the department
708	under this chapter must be deposited in the General Inspection
709	Trust Fund and may only be used for the purpose of administering
710	this chapter.
711	508.118  Recovery agents; exemption.--This chapter does not
712	apply to a person licensed under chapter 493 performing
713	repossession services.
714	508.119  County and municipal ordinances.--A county or
715	municipality may enact ordinances governing the business of
716	transporting vehicles or vessels by wrecker that are more
717	restrictive than this chapter. This section does not limit the
718	authority of a political subdivision to impose regulatory fees
719	or charges or to levy local business taxes under chapter 205.
720	The department may enter into a cooperative agreement with any
721	county or municipality that provides for the referral,
722	investigation, and prosecution of consumer complaints alleging
723	violations of this chapter. The department is authorized to
724	delegate enforcement of this chapter to any county or
725	municipality entering into a cooperative agreement.
726	508.120  Records.--
727	(1)  Each wrecker company shall maintain records of its
728	wrecker services for at least 12 months. These records shall be
729	maintained at the wrecker company's principal place of business.
730	(2)  Each wrecker company shall maintain records on each of
731	its wrecker operators sufficient to demonstrate that the
732	operator has successfully completed an approved wrecker operator
733	certification course or an approved wrecker operator continuing
734	education course and is certified to perform wrecker services.
735	These records shall be maintained at the wrecker company's
736	principal place of business for as long as the operator is
737	employed by the wrecker company and for at least 6 months
738	thereafter.
739	(3)  Each organization approved to conduct a wrecker
740	operator certification course or approved to offer a wrecker
741	operator continuing education course shall maintain records on
742	each person who successfully completes one of the courses. The
743	records shall be maintained at the organization's principal
744	place of business for at least 5 years. The department may, at
745	any time during normal business hours, enter the organization's
746	principal place of business to examine the records.
747	Section 2.  Effective January 1, 2008, section 508.104,
748	Florida Statutes, is created to read:
749	508.104  Wrecker companies; registration required.--
750	(1)  A person may not own, operate, solicit business for,
751	advertise services for, or otherwise engage for hire in the
752	business of a wrecker company in this state unless that person
753	is registered with the department under this chapter.
754	(2)  A person applying for or renewing a local business tax
755	receipt to engage for hire in the business of a wrecker company
756	must exhibit a current registration certificate from the
757	department before the local business tax receipt may be issued
758	or reissued under chapter 205.
759	(3)  This section does not apply to a motor vehicle repair
760	shop registered with the department under s. 559.904 that
761	derives at least 80 percent of its gross sales from motor
762	vehicle repairs or to any franchised motor vehicle dealer
763	licensed pursuant to s. 320.27 when wrecker services are
764	incidental to the operation of the franchise.
765	Section 3.  Effective January 1, 2008, section 508.110,
766	Florida Statutes, is created to read:
767	508.110  Wrecker operators; certification required;
768	inspection of employment records.--
769	(1)  A person may not perform wrecker services in this
770	state unless he or she is an employee or ultimate equitable
771	owner of a wrecker company that is registered with the
772	department under this chapter and those wrecker services are
773	performed on behalf of the wrecker company.
774	(2)(a)  A person may not perform wrecker services or
775	specialized wrecker services for a wrecker company for more than
776	6 months after first being employed by, or becoming an ultimate
777	equitable owner of, the wrecker company without being certified
778	as a wrecker operator under this chapter.
779	(b)  A wrecker operator certified under this chapter may
780	not perform a specialized wrecker service for a wrecker company
781	unless the wrecker operator's certification includes an
782	endorsement for that specialized wrecker service.
783	(3)(a)  Notwithstanding subsections (1) and (2), a person
784	may perform wrecker services or specialized wrecker services in
785	this state if he or she is an employee or ultimate equitable
786	owner of a motor vehicle repair shop registered with the
787	department under s. 559.904 and those wrecker services or
788	specialized wrecker services are performed on behalf of the
789	motor vehicle repair shop.
790	(b)  Notwithstanding subsections (1) and (2), a person may
791	perform wrecker services or specialized wrecker services in this
792	state if those wrecker services or specialized wrecker services
793	are performed on behalf of a religious organization that holds a
794	current exemption from federal taxation or that is not required
795	to apply for recognition of its exemption under s. 501 of the
796	Internal Revenue Code.
797	(4)  The department may, at any time during business hours,
798	enter any business location of a wrecker company and examine the
799	company's books or records. If the department reasonably
800	believes a violation of this chapter has occurred or is
801	occurring, the department may subpoena any necessary books or
802	records.
803	Section 4.  Effective July 1, 2008, section 508.115,
804	Florida Statutes, is created to read:
805	508.115  Criminal penalties.--
806	(1)  A person who violates s. 508.104(1) by operating a
807	wrecker company in this state without being registered with the
808	department under this chapter commits a felony of the third
809	degree, punishable as provided in s. 775.082, s. 775.083, or s.
810	775.084.
811	(2)  A person who violates s. 508.110(1) by performing
812	wrecker services in this state without being an employee or
813	ultimate equitable owner of a wrecker company that is registered
814	with the department under this chapter commits a felony of the
815	third degree, punishable as provided in s. 775.082, s. 775.083,
816	or s. 775.084.
817	Section 5.  Effective January 1, 2008, paragraph (b) of
818	subsection (8) of section 120.80, Florida Statutes, is amended
819	to read:
820	120.80  Exceptions and special requirements; agencies.--
821	(8)  DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES.--
822	(b)  Wrecker companies operators.--Notwithstanding s.
823	120.57(1)(a), hearings held by the Division of the Florida
824	Highway Patrol of the Department of Highway Safety and Motor
825	Vehicles to deny, suspend, or remove a wrecker company operator
826	from participating in the wrecker allocation rotation system
827	established under by s. 321.051 need not be conducted by an
828	administrative law judge assigned by the division. These
829	hearings shall be held by a hearing officer appointed by the
830	director of the Division of the Florida Highway Patrol.
831	Section 6.  Effective January 1, 2008, section 205.1977,
832	Florida Statutes, is created to read:
833	205.1977  Wrecker companies; consumer protection.--A county
834	or municipality may not issue or renew a business tax receipt
835	for the operation of a wrecker company under chapter 508 unless
836	the wrecker company exhibits a current registration from the
837	Department of Agriculture and Consumer Services.
838	Section 7.  Subsection (3) of section 316.530, Florida
839	Statutes, is amended to read:
840	316.530  Towing requirements.--
841	(3)  Whenever a motor vehicle becomes disabled upon the
842	highways of this state and a wrecker or tow truck is required to
843	remove it to a repair shop or other appropriate location, if the
844	combined weights of those two vehicles and the loads thereon
845	exceed the maximum allowable weights as established by s.
846	316.535, no penalty shall be assessed either vehicle or driver.
847	However, this exception shall not apply to the load limits for
848	bridges and culverts established by the department as provided
849	in s. 316.555.
850	Section 8.  Subsection (40) of section 320.01, Florida
851	Statutes, is amended to read:
852	320.01  Definitions, general.--As used in the Florida
853	Statutes, except as otherwise provided, the term:
854	(40)  "Wrecker" means a tow truck or other any motor
855	vehicle that is used to tow, carry, or otherwise transport motor
856	vehicles or vessels upon the streets and highways of this state
857	and that is equipped for that purpose with a boom, winch, car
858	carrier, or other similar equipment.
859	Section 9.  Effective January 1, 2008, subsection (8) of
860	section 320.03, Florida Statutes, is amended to read:
861	320.03  Registration; duties of tax collectors;
862	International Registration Plan.--
863	(8)  If the applicant's name appears on the list referred
864	to in s. 316.1001(4), s. 316.1967(6), or s. 713.78(13), a
865	license plate or revalidation sticker may not be issued until
866	that person's name no longer appears on the list or until the
867	person presents a receipt from the clerk showing that the fines
868	outstanding have been paid. This subsection does not apply to
869	the owner of a leased vehicle if the vehicle is registered in
870	the name of the lessee of the vehicle. The tax collector and the
871	clerk of the court are each entitled to receive monthly, as
872	costs for implementing and administering this subsection, 10
873	percent of the civil penalties and fines recovered from such
874	persons. As used in this subsection, the term "civil penalties
875	and fines" does not include a wrecker company's operator's lien
876	as described in s. 713.78(13). If the tax collector has private
877	tag agents, such tag agents are entitled to receive a pro rata
878	share of the amount paid to the tax collector, based upon the
879	percentage of license plates and revalidation stickers issued by
880	the tag agent compared to the total issued within the county.
881	The authority of any private agent to issue license plates shall
882	be revoked, after notice and a hearing as provided in chapter
883	120, if he or she issues any license plate or revalidation
884	sticker contrary to the provisions of this subsection. This
885	section applies only to the annual renewal in the owner's birth
886	month of a motor vehicle registration and does not apply to the
887	transfer of a registration of a motor vehicle sold by a motor
888	vehicle dealer licensed under this chapter, except for the
889	transfer of registrations which is inclusive of the annual
890	renewals. This section does not affect the issuance of the title
891	to a motor vehicle, notwithstanding s. 319.23(7)(b).
892	Section 10.  Section 320.0706, Florida Statutes, is amended
893	to read:
894	320.0706  Display of license plates on trucks.--The owner
895	of any commercial truck of gross vehicle weight of 26,001 pounds
896	or more shall display the registration license plate on both the
897	front and rear of the truck in conformance with all the
898	requirements of s. 316.605 that do not conflict with this
899	section. The owner of a dump truck may place the rear license
900	plate on the gate no higher than 60 inches to allow for better
901	visibility. However, the owner of a truck tractor or a wrecker
902	must shall be required to display the registration license plate
903	only on the front of such vehicle.
904	Section 11.  Subsection (1) of section 320.0821, Florida
905	Statutes, is amended, and subsection (5) is added to that
906	section, to read:
907	320.0821  Wrecker license plates.--
908	(1)  The department shall issue one a wrecker license
909	plate, regardless of gross vehicle weight, to the owner of any
910	motor vehicle that is used to tow, carry, or otherwise transport
911	motor vehicles or vessels upon the streets and highways of this
912	state and that is equipped for that purpose with a boom, winch,
913	carrier, or other similar equipment, except a motor vehicle
914	registered under the International Registration Plan, upon
915	application and payment of the appropriate license tax and fees
916	in accordance with s. 320.08(5)(d) or (e).
917	(5)  A wrecker license plate must be displayed on the front
918	of such vehicle.
919	Section 12.  Effective January 1, 2008, subsection (1) of
920	section 320.0821, Florida Statutes, as amended by this act, is
921	amended to read:
922	320.0821  Wrecker license plates.--
923	(1)  The department shall issue one wrecker license plate,
924	regardless of gross vehicle weight, to the owner of a wrecker
925	any motor vehicle that is used to tow, carry, or otherwise
926	transport vehicles or vessels upon the streets and highways of
927	this state and that is equipped for that purpose with a boom,
928	winch, carrier, or other similar equipment, except a motor
929	vehicle registered under the International Registration Plan,
930	upon application and payment of the appropriate license tax and
931	fees in accordance with s. 320.08(5)(d) or (e).
932	Section 13.  Paragraph (a) of subsection (1) of section
933	320.13, Florida Statutes, is amended to read:
934	320.13  Dealer and manufacturer license plates and
935	alternative method of registration.--
936	(1)(a)  Any licensed motor vehicle dealer and any licensed
937	mobile home dealer may, upon payment of the license tax imposed
938	by s. 320.08(12), secure one or more dealer license plates,
939	which are valid for use on motor vehicles or mobile homes owned
940	by the dealer to whom such plates are issued while the motor
941	vehicles are in inventory and for sale, or while being operated
942	in connection with such dealer's business, but are not valid for
943	use for hire. Dealer license plates may not be used on any tow
944	truck or wrecker as defined in s. 320.01 unless the tow truck or
945	wrecker is being demonstrated for sale, and the dealer license
946	plates may not be used on a vehicle used to transport another
947	motor vehicle for the motor vehicle dealer.
948	Section 14.  For the purpose of incorporating the amendment
949	made by this act to section 320.01, Florida Statutes, in
950	references thereto, paragraph (a) of subsection (4) and
951	subsection (9) of section 316.550, Florida Statutes, are
952	reenacted to read:
953	316.550  Operations not in conformity with law; special
954	permits.--
955	(4)(a)  The Department of Transportation may issue a
956	wrecker special blanket permit to authorize a wrecker as defined
957	in s. 320.01(40) to tow a disabled vehicle as defined in s.
958	320.01(38) where the combination of the wrecker and the disabled
959	vehicle being towed exceeds the maximum weight limits as
960	established by s. 316.535.
961	(9)  Whenever any motor vehicle, or the combination of a
962	wrecker as defined in s. 320.01(40) and a towed motor vehicle,
963	exceeds any weight or dimensional criteria or special
964	operational or safety stipulation contained in a special permit
965	issued under the provisions of this section, the penalty
966	assessed to the owner or operator shall be as follows:
967	(a)  For violation of weight criteria contained in a
968	special permit, the penalty per pound or portion thereof
969	exceeding the permitted weight shall be as provided in s.
970	316.545.
971	(b)  For each violation of dimensional criteria in a
972	special permit, the penalty shall be as provided in s. 316.516
973	and penalties for multiple violations of dimensional criteria
974	shall be cumulative except that the total penalty for the
975	vehicle shall not exceed $1,000.
976	(c)  For each violation of an operational or safety
977	stipulation in a special permit, the penalty shall be an amount
978	not to exceed $1,000 per violation and penalties for multiple
979	violations of operational or safety stipulations shall be
980	cumulative except that the total penalty for the vehicle shall
981	not exceed $1,000.
982	(d)  For violation of any special condition that has been
983	prescribed in the rules of the Department of Transportation and
984	declared on the permit, the vehicle shall be determined to be
985	out of conformance with the permit and the permit shall be
986	declared null and void for the vehicle, and weight and
987	dimensional limits for the vehicle shall be as established in s.
988	316.515 or s. 316.535, whichever is applicable, and:
989	1.  For weight violations, a penalty as provided in s.
990	316.545 shall be assessed for those weights which exceed the
991	limits thus established for the vehicle; and
992	2.  For dimensional, operational, or safety violations, a
993	penalty as established in paragraph (c) or s. 316.516, whichever
994	is applicable, shall be assessed for each nonconforming
995	dimensional, operational, or safety violation and the penalties
996	for multiple violations shall be cumulative for the vehicle.
997	Section 15.  For the purpose of incorporating the amendment
998	made by this act to section 320.01, Florida Statutes, in
999	references thereto, paragraphs (d) and (e) of subsection (5) of
1000	section 320.08, Florida Statutes, are reenacted to read:
1001	320.08  License taxes.--Except as otherwise provided
1002	herein, there are hereby levied and imposed annual license taxes
1003	for the operation of motor vehicles, mopeds, motorized bicycles
1004	as defined in s. 316.003(2), and mobile homes, as defined in s.
1005	320.01, which shall be paid to and collected by the department
1006	or its agent upon the registration or renewal of registration of
1007	the following:
1008	(5)  SEMITRAILERS, FEES ACCORDING TO GROSS VEHICLE WEIGHT;
1009	SCHOOL BUSES; SPECIAL PURPOSE VEHICLES.--
1010	(d)  A wrecker, as defined in s. 320.01(40), which is used
1011	to tow a vessel as defined in s. 327.02(39), a disabled,
1012	abandoned, stolen-recovered, or impounded motor vehicle as
1013	defined in s. 320.01(38), or a replacement motor vehicle as
1014	defined in s. 320.01(39): $30 flat.
1015	(e)  A wrecker, as defined in s. 320.01(40), which is used
1016	to tow any motor vehicle, regardless of whether or not such
1017	motor vehicle is a disabled motor vehicle as defined in s.
1018	320.01(38), a replacement motor vehicle as defined in s.
1019	320.01(39), a vessel as defined in s. 327.02(39), or any other
1020	cargo, as follows:
1021	1.  Gross vehicle weight of 10,000 pounds or more, but less
1022	than 15,000 pounds: $87 flat.
1023	2.  Gross vehicle weight of 15,000 pounds or more, but less
1024	than 20,000 pounds: $131 flat.
1025	3.  Gross vehicle weight of 20,000 pounds or more, but less
1026	than 26,000 pounds: $186 flat.
1027	4.  Gross vehicle weight of 26,000 pounds or more, but less
1028	than 35,000 pounds: $240 flat.
1029	5.  Gross vehicle weight of 35,000 pounds or more, but less
1030	than 44,000 pounds: $300 flat.
1031	6.  Gross vehicle weight of 44,000 pounds or more, but less
1032	than 55,000 pounds: $572 flat.
1033	7.  Gross vehicle weight of 55,000 pounds or more, but less
1034	than 62,000 pounds: $678 flat.
1035	8.  Gross vehicle weight of 62,000 pounds or more, but less
1036	than 72,000 pounds: $800 flat.
1037	9.  Gross vehicle weight of 72,000 pounds or more: $979
1038	flat.
1039	Section 16.  Effective January 1, 2008, section 321.051,
1040	Florida Statutes, is amended to read:
1041	(Substantial rewording of section. See
1042	s. 321.051, F.S., for present text.)
1043	321.051  Florida Highway Patrol wrecker allocation system;
1044	penalties for operation outside of system.--
1045	(1)  As used in this section, the term:
1046	(a)  "Authorized wrecker company" means a wrecker company
1047	designated by the division as part of its wrecker allocation
1048	system.
1049	(b)  "Division" means the Division of the Florida Highway
1050	Patrol within the Department of Highway Safety and Motor
1051	Vehicles.
1052	(c)  "Unauthorized wrecker company" means a wrecker company
1053	not designated by the division as part of its wrecker allocation
1054	system.
1055	(d)  "Wrecker company" has the same meaning ascribed in s.
1056	508.101.
1057	(e)  "Wrecker operator" has the same meaning ascribed in s.
1058	508.101.
1059	(f)  "Wrecker services" has the same meaning ascribed in s.
1060	508.101.
1061	(2)(a)  The division may establish within areas designated
1062	by the division a wrecker allocation system, using qualified,
1063	reputable wrecker companies, for the removal from crash scenes
1064	and the storage of wrecked or disabled vehicles when the owner
1065	or operator is incapacitated or unavailable or leaves the
1066	procurement of wrecker services to the officer at the scene and
1067	for the removal and storage of abandoned vehicles.
1068	(b)  The wrecker allocation system may use only wrecker
1069	companies registered under chapter 508. Each reputable wrecker
1070	company registered under chapter 508 is eligible for use in the
1071	system if its equipment and wrecker operators meet the
1072	recognized safety qualifications and mechanical standards set by
1073	the division's rules for the size of vehicle they are designed
1074	to handle. The division may limit the number of wrecker
1075	companies participating in the wrecker allocation system.
1076	(c)  The division may establish maximum rates for the
1077	towing and storage of vehicles removed at the division's request
1078	if those rates are not established by a county or municipality
1079	under s. 125.0103 or s. 166.043. These rates are not rules for
1080	the purpose of chapter 120; however, the Department of Highway
1081	Safety and Motor Vehicles shall adopt rules prescribing the
1082	procedures for setting these rates.
1083	(d)  Notwithstanding chapter 120, a final order of the
1084	Department of Highway Safety and Motor Vehicles denying,
1085	suspending, or revoking a wrecker company's participation in the
1086	wrecker allocation system may be appealed only in the manner and
1087	within the time provided by the Florida Rules of Appellate
1088	Procedure by a writ of certiorari issued by the circuit court in
1089	the county in which the wrecker company's primary place of
1090	business is located, as evidenced by the wrecker company's
1091	registration under chapter 508.
1092	(3)(a)  An unauthorized wrecker company, its wrecker
1093	operators, or its other employees or agents may not monitor a
1094	police radio for communications between patrol field units and
1095	the dispatcher in order to determine the location of a wrecked
1096	or disabled vehicle for the purpose of dispatching its wrecker
1097	operator to drive by the scene of the vehicle in a manner
1098	described in paragraph (b) or paragraph (c). Any person who
1099	violates this paragraph commits a noncriminal violation,
1100	punishable as provided in s. 775.083.
1101	(b)  Except as provided in paragraph (c), a wrecker
1102	operator dispatched by an unauthorized wrecker company who
1103	drives by the scene of a wrecked or disabled vehicle before the
1104	arrival of the wrecker operator dispatched by the authorized
1105	wrecker company may not initiate contact with the owner or
1106	operator of the vehicle by soliciting or offering wrecker
1107	services or tow the vehicle. Any person who violates this
1108	paragraph commits a misdemeanor of the second degree, punishable
1109	as provided in s. 775.082 or s. 775.083.
1110	(c)  When a wrecker operator dispatched by an unauthorized
1111	wrecker company drives by the scene of a wrecked or disabled
1112	vehicle and the owner or operator initiates contact by signaling
1113	the wrecker operator to stop and provide wrecker services, the
1114	wrecker operator must disclose to the owner or operator of the
1115	vehicle that he or she was not dispatched by the authorized
1116	wrecker company designated as part of the wrecker allocation
1117	system and must disclose, in writing, what charges for towing
1118	and storage will apply before the vehicle is connected to the
1119	towing apparatus. Any person who violates this paragraph commits
1120	a misdemeanor of the second degree, punishable as provided in s.
1121	775.082 or s. 775.083.
1122	(d)  A wrecker operator may not falsely identify himself or
1123	herself as being part of, or as being employed by a wrecker
1124	company that is part of, the wrecker allocation system at the
1125	scene of a wrecked or disabled vehicle. Any person who violates
1126	this paragraph commits a misdemeanor of the first degree,
1127	punishable as provided in s. 775.082 or s. 775.083.
1128	(4)  This section does not prohibit or in any way prevent
1129	the owner or operator of a vehicle involved in a crash or
1130	otherwise disabled from contacting any wrecker company for the
1131	provision of wrecker services, regardless of whether the wrecker
1132	company is an authorized wrecker company. However, if a law
1133	enforcement officer determines that the disabled vehicle or
1134	vehicle cargo is a public safety hazard, the officer may, in the
1135	interest of public safety, dispatch an authorized wrecker
1136	company if the officer believes that the authorized wrecker
1137	company would arrive at the scene before the wrecker company
1138	requested by the owner or operator of the disabled vehicle or
1139	vehicle cargo.
1140	(5)  A law enforcement officer may dispatch an authorized
1141	wrecker company out of rotation to the scene of a wrecked or
1142	disabled vehicle if the authorized wrecker company next on
1143	rotation is not equipped to provide the required wrecker
1144	services and the out-of-rotation authorized wrecker company is
1145	available with the required equipment. However, this subsection
1146	does not prohibit or prevent the owner or operator of a vehicle
1147	involved in a crash or otherwise disabled from contacting any
1148	wrecker company that is properly equipped to provide the
1149	required wrecker services, regardless of whether the wrecker
1150	company is an authorized wrecker company, unless the law
1151	enforcement officer determines that the wrecked or disabled
1152	vehicle or vehicle cargo is a public safety hazard and the
1153	officer believes that the authorized wrecker company would
1154	arrive at the scene before the wrecker company requested by the
1155	owner or operator.
1156	Section 17.  Effective January 1, 2008, section 323.001,
1157	Florida Statutes, is amended to read:
1158	(Substantial rewording of section. See
1159	s. 323.001, F.S., for present text.)
1160	323.001  Wrecker company storage facilities; vehicle
1161	holds.--
1162	(1)  As used in this section, the term:
1163	(a)  "Business day" means a day other than a Saturday,
1164	Sunday, or federal or state legal holiday.
1165	(b)  "Wrecker company" has the same meaning ascribed in s.
1166	508.101.
1167	(2)  A law enforcement agency may place a hold on a motor
1168	vehicle stored within a wrecker company's storage facility for 5
1169	business days, thereby preventing a motor vehicle from being
1170	released to its owner.
1171	(3)  To extend a hold beyond 5 business days, the law
1172	enforcement agency must notify the wrecker company in writing
1173	before the expiration of the 5 business days. If notification is
1174	not made within the 5 business days, the wrecker company must
1175	release the vehicle to the designated person under s. 713.78.
1176	(a)  If the hold is extended beyond the 5 business days,
1177	the law enforcement agency may have the vehicle removed to a
1178	designated impound lot and the vehicle may not be released by
1179	the law enforcement agency to the owner or lienholder of the
1180	vehicle until proof of payment of the towing and storage charges
1181	incurred by the wrecker company is presented to the law
1182	enforcement agency.
1183	(b)  If the law enforcement agency chooses to have the
1184	vehicle remain at the wrecker company's storage facility for
1185	more than 5 business days under the written notification, the
1186	law enforcement agency is responsible for paying the storage
1187	charges incurred by the wrecker company for the requested
1188	extended period. The owner or lienholder is responsible for
1189	paying the accrued towing and storage charges for the first 5
1190	business days, or any period less than the first 5 business
1191	days, if the law enforcement agency moves the vehicle from the
1192	wrecker company's storage facility to a designated impound lot
1193	or provides written notification to extend the hold on the
1194	vehicle before the expiration of the 5 business days.
1195	(c)  The towing and storage rates for the owner or
1196	lienholder of the held vehicle may not exceed the rates for the
1197	law enforcement agency.
1198	(4)  If there is a judicial finding of no probable cause
1199	for having continued the immobilization or impoundment, the law
1200	enforcement agency ordering the hold must pay the accrued
1201	charges for any towing and storage.
1202	(5)  The requirements for a written hold apply when:
1203	(a)  The law enforcement officer has probable cause to
1204	believe that the vehicle should be seized and forfeited under
1205	the Florida Contraband Forfeiture Act, ss. 932.701-932.707;
1206	(b)  The law enforcement officer has probable cause to
1207	believe that the vehicle should be seized and forfeited under
1208	chapter 370 or chapter 372;
1209	(c)  The law enforcement officer has probable cause to
1210	believe that the vehicle was used as a means to commit a crime;
1211	(d)  The law enforcement officer has probable cause to
1212	believe that the vehicle is itself evidence that a crime has
1213	been committed or that the vehicle contains evidence, which
1214	cannot readily be removed, that a crime has been committed;
1215	(e)  The law enforcement officer has probable cause to
1216	believe that the vehicle was involved in a traffic accident
1217	resulting in death or personal injury and should be sealed for
1218	investigation and collection of evidence by a vehicular homicide
1219	investigator;
1220	(f)  The vehicle is impounded or immobilized under s.
1221	316.193 or s. 322.34; or
1222	(g)  The law enforcement officer is complying with a court
1223	order.
1224	(6)  The hold must be in writing and must specify:
1225	(a)  The name and agency of the law enforcement officer
1226	placing the hold on the vehicle.
1227	(b)  The date and time the hold is placed on the vehicle.
1228	(c)  A general description of the vehicle, including its
1229	color, make, model, body style, and year; vehicle identification
1230	number; registration license plate number, state, and year; and
1231	validation sticker number, state, and year.
1232	(d)  The specific reason for placing the hold.
1233	(e)  The condition of the vehicle.
1234	(f)  The location where the vehicle is being held.
1235	(g)  The name, address, and telephone number of the wrecker
1236	company and the storage facility.
1237	(7)  A wrecker company's storage facility must comply with
1238	a hold placed by a law enforcement officer, including
1239	instructions for inside or outside storage. A wrecker company's
1240	storage facility may not release a motor vehicle subject to a
1241	hold to any person except as directed by the law enforcement
1242	agency placing the hold.
1243	(8)  When a vehicle owner is found guilty of, regardless of
1244	adjudication, or pleads nolo contendere to, the offense that
1245	resulted in a hold being placed on his or her vehicle, the owner
1246	must pay the accrued towing and storage charges assessed against
1247	the vehicle.
1248	Section 18.  Effective January 1, 2008, section 323.002,
1249	Florida Statutes, is amended to read:
1250	(Substantial rewording of section. See
1251	s. 323.002, F.S., for present text.)
1252	323.002  County and municipal wrecker allocation systems;
1253	penalties for operation outside of system.--
1254	(1)  As used in this section, the term:
1255	(a)  "Authorized wrecker company" means a wrecker company
1256	designated as part of the wrecker allocation system established
1257	by the governmental unit having jurisdiction over the scene of a
1258	wrecked, disabled, or abandoned vehicle.
1259	(b)  "Unauthorized wrecker company" means a wrecker company
1260	not designated as part of the wrecker allocation system
1261	established by the governmental unit having jurisdiction over
1262	the scene of a wrecked, disabled, or abandoned vehicle.
1263	(c)  "Wrecker allocation system" means a system for the
1264	towing or removal of wrecked, disabled, or abandoned vehicles,
1265	similar to the Florida Highway Patrol wrecker allocation system
1266	described in s. 321.051(2), under which a county or municipality
1267	contracts with one or more wrecker companies registered under
1268	chapter 508 for the towing or removal of wrecked, disabled, or
1269	abandoned vehicles from accident scenes, streets, or highways.
1270	Each wrecker allocation system must use a method for
1271	apportioning the towing assignments among the eligible wrecker
1272	companies through the creation of geographic zones or a rotation
1273	schedule or a combination of geographic zones and a rotation
1274	schedule.
1275	(d)  "Wrecker company" has the same meaning ascribed in s.
1276	508.101.
1277	(e)  "Wrecker operator" has the same meaning ascribed in s.
1278	508.101.
1279	(f)  "Wrecker services" has the same meaning ascribed in s.
1280	508.101.
1281	(2)  In a county or municipality that operates a wrecker
1282	allocation system:
1283	(a)  The wrecker allocation system may only use wrecker
1284	companies registered under chapter 508.
1285	(b)  An unauthorized wrecker company, its wrecker
1286	operators, or its other employees or agents may not monitor a
1287	police radio for communications between patrol field units and
1288	the dispatcher in order to determine the location of a wrecked
1289	or disabled vehicle for the purpose of dispatching its wrecker
1290	operator to drive by the scene of the vehicle in a manner
1291	described in paragraph (c) or paragraph (d). Any person who
1292	violates this paragraph commits a noncriminal violation,
1293	punishable as provided in s. 775.083.
1294	(c)  Except as provided in paragraph (d), a wrecker
1295	operator dispatched by an unauthorized wrecker company who
1296	drives by the scene of a wrecked or disabled vehicle before the
1297	arrival of the wrecker operator dispatched by the authorized
1298	wrecker company may not initiate contact with the owner or
1299	operator of the vehicle by soliciting or offering wrecker
1300	services or tow the vehicle. Any person who violates this
1301	paragraph commits a misdemeanor of the second degree, punishable
1302	as provided in s. 775.082 or s. 775.083.
1303	(d)  When a wrecker operator dispatched by an unauthorized
1304	wrecker company drives by the scene of a wrecked or disabled
1305	vehicle and the owner or operator initiates contact by signaling
1306	the wrecker operator to stop and provide wrecker services, the
1307	wrecker operator must disclose to the owner or operator of the
1308	vehicle that he or she was not dispatched by the authorized
1309	wrecker company designated as part of the wrecker allocation
1310	system and must disclose, in writing, what charges for towing
1311	and storage will apply before the vehicle is connected to the
1312	towing apparatus. Any person who violates this paragraph commits
1313	a misdemeanor of the second degree, punishable as provided in s.
1314	775.082 or s. 775.083.
1315	(e)  A wrecker operator may not falsely identify himself or
1316	herself as being part of, or as being employed by a wrecker
1317	company that is part of, the wrecker allocation system at the
1318	scene of a wrecked or disabled vehicle. Any person who violates
1319	this paragraph commits a misdemeanor of the first degree,
1320	punishable as provided in s. 775.082 or s. 775.083.
1321	(3)  This section does not prohibit or in any way prevent
1322	the owner or operator of a vehicle involved in a crash or
1323	otherwise disabled from contacting any wrecker company for the
1324	provision of wrecker services, regardless of whether the wrecker
1325	company is an authorized wrecker company. If a law enforcement
1326	officer determines that the disabled vehicle or vehicle cargo is
1327	a public safety hazard, the officer may, in the interest of
1328	public safety, dispatch an authorized wrecker company if the
1329	officer believes that the authorized wrecker company would
1330	arrive at the scene before the wrecker company requested by the
1331	owner or operator of the disabled vehicle or vehicle cargo.
1332	(4)  A law enforcement officer may dispatch an authorized
1333	wrecker company out of rotation to the scene of a wrecked or
1334	disabled vehicle if the authorized wrecker company next on
1335	rotation is not equipped to provide the required wrecker
1336	services and the out-of-rotation authorized wrecker company is
1337	available with the required equipment. However, this subsection
1338	does not prohibit or prevent the owner or operator of a vehicle
1339	involved in a crash or otherwise disabled from contacting any
1340	wrecker company that is properly equipped to provide the
1341	required wrecker services, regardless of whether the wrecker
1342	company is an authorized wrecker company, unless the law
1343	enforcement officer determines that the wrecked or disabled
1344	vehicle or vehicle cargo is a public safety hazard and the
1345	officer believes that the authorized wrecker company would
1346	arrive at the scene before the wrecker company requested by the
1347	owner or operator.
1348	Section 19.  Effective January 1, 2008, section 713.78,
1349	Florida Statutes, is amended to read:
1350	713.78  Liens for recovering, towing, or storing vehicles
1351	and vessels.--
1352	(1)  As used in For the purposes of this section, the term:
1353	(a)  "Business day" means a day other than a Saturday,
1354	Sunday, or federal or state legal holiday.
1355	(b)  "Property owner" has the same meaning ascribed in s.
1356	715.07.
1357	(c)(a)  "Vehicle" has the same meaning ascribed in s.
1358	508.101 means any mobile item, whether motorized or not, which
1359	is mounted on wheels.
1360	(d)(b)  "Vessel" has the same meaning ascribed in s.
1361	508.101 means every description of watercraft, barge, and
1362	airboat used or capable of being used as a means of
1363	transportation on water, other than a seaplane or a "documented
1364	vessel" as defined in s. 327.02(9).
1365	(e)(c)  "Wrecker" has the same meaning ascribed in s.
1366	320.01 means any truck or other vehicle which is used to tow,
1367	carry, or otherwise transport motor vehicles or vessels upon the
1368	streets and highways of this state and which is equipped for
1369	that purpose with a boom, winch, car carrier, or other similar
1370	equipment.
1371	(f)  "Wrecker company" has the same meaning ascribed in s.
1372	508.101.
1373	(g)  "Wrecker operator" has the same meaning ascribed in s.
1374	508.101.
1375	(2)  Whenever a wrecker company registered under chapter
1376	508 person regularly engaged in the business of transporting
1377	vehicles or vessels by wrecker, tow truck, or car carrier
1378	recovers, removes, or stores a vehicle or vessel upon
1379	instructions from:
1380	(a)  The owner of the vehicle or vessel thereof;
1381	(b)  The property owner or lessor, or a person authorized
1382	by the owner or lessor, of real property on which the such
1383	vehicle or vessel is wrongfully parked without permission, and
1384	the removal is done in compliance with s. 715.07; or
1385	(c)  Any law enforcement agency,
1386
1387	the wrecker company has she or he shall have a lien on the
1388	vehicle or vessel for a reasonable towing fee and for a
1389	reasonable storage fee,; except that no storage fee shall be
1390	charged if the vehicle or vessel is stored for less than 6
1391	hours.
1392	(3)  This section does not authorize any person to claim a
1393	lien on a vehicle for fees or charges connected with the
1394	immobilization of the such vehicle using a vehicle boot or other
1395	similar device under pursuant to s. 715.07.
1396	(4)(a)  Any wrecker company that person regularly engaged
1397	in the business of recovering, towing, or storing vehicles or
1398	vessels who comes into possession of a vehicle or vessel under
1399	pursuant to subsection (2), and who claims a lien for recovery,
1400	towing, or storage services, shall give notice to the registered
1401	owner, the insurance company insuring the vehicle
1402	notwithstanding the provisions of s. 627.736, and to all persons
1403	claiming a lien on the vehicle or vessel thereon, as disclosed
1404	by the records in the Department of Highway Safety and Motor
1405	Vehicles or of a corresponding agency in any other state.
1406	(b)  Whenever a any law enforcement agency authorizes the
1407	removal of a vehicle or vessel or whenever a wrecker company any
1408	towing service, garage, repair shop, or automotive service,
1409	storage, or parking place notifies the law enforcement agency of
1410	possession of a vehicle or vessel under pursuant to s.
1411	715.07(2)(a)2., the applicable law enforcement agency shall
1412	contact the Department of Highway Safety and Motor Vehicles, or
1413	the appropriate agency of the state of registration, if known,
1414	within 24 hours through the medium of electronic communications,
1415	giving the full description of the vehicle or vessel. Upon
1416	receipt of the full description of the vehicle or vessel, the
1417	department shall search its files to determine the owner's name,
1418	the insurance company insuring the vehicle or vessel, and
1419	whether any person has filed a lien upon the vehicle or vessel
1420	as provided in s. 319.27(2) and (3) and notify the applicable
1421	law enforcement agency within 72 hours. The wrecker company
1422	person in charge of the towing service, garage, repair shop, or
1423	automotive service, storage, or parking place shall obtain that
1424	such information from the applicable law enforcement agency
1425	within 5 days after the date of storage and shall give notice
1426	under pursuant to paragraph (a). The department may release the
1427	insurance company information to the requestor notwithstanding
1428	the provisions of s. 627.736.
1429	(c)  Notice by certified mail, return receipt requested,
1430	shall be sent within 7 business days after the date of storage
1431	of the vehicle or vessel to the registered owner, the insurance
1432	company insuring the vehicle notwithstanding the provisions of
1433	s. 627.736, and all persons of record claiming a lien against
1434	the vehicle or vessel. The notice It shall state the fact of
1435	possession of the vehicle or vessel and, that a lien as provided
1436	in subsection (2) is claimed, that charges have accrued and the
1437	amount of the charges thereof, that the lien is subject to
1438	enforcement under pursuant to law, and that the owner or
1439	lienholder, if any, has the right to a hearing as set forth in
1440	subsection (5), and that any vehicle or vessel that which
1441	remains unclaimed, or for which the charges for recovery,
1442	towing, or storage services remain unpaid, may be sold free of
1443	all prior liens after 35 days if the vehicle or vessel is more
1444	than 3 years of age or after 50 days if the vehicle or vessel is
1445	3 years of age or less.
1446	(d)  If the wrecker company is unable attempts to identify
1447	locate the name and address of the owner or lienholder prove
1448	unsuccessful, the wrecker company towing-storage operator shall,
1449	after 7 business working days following, excluding Saturday and
1450	Sunday, of the initial tow or storage, notify the public agency
1451	of jurisdiction in writing by certified mail or acknowledged
1452	hand delivery that the wrecker towing-storage company has been
1453	unable to identify locate the name and address of the owner or
1454	lienholder, and a physical search of the vehicle or vessel has
1455	disclosed no ownership information, and a good faith effort has
1456	been made. For purposes of this paragraph and subsection (9),
1457	the term "good faith effort" means that the following checks
1458	have been performed by the wrecker company to establish prior
1459	state of registration and for title:
1460	1.  Check of vehicle or vessel for any type of tag, tag
1461	record, temporary tag, or regular tag.
1462	2.  Check of law enforcement report for tag number or other
1463	information identifying the vehicle or vessel, if the vehicle or
1464	vessel was towed at the request of a law enforcement officer.
1465	3.  Check of trip sheet or tow ticket of the wrecker tow
1466	truck operator to see if a tag was on vehicle or vessel at
1467	beginning of tow, if private tow.
1468	4.  If there is no address of the owner on the impound
1469	report, check of law enforcement report to see if an out-of-
1470	state address is indicated from driver license information.
1471	5.  Check of vehicle or vessel for inspection sticker or
1472	other stickers and decals that may indicate a state of possible
1473	registration.
1474	6.  Check of the interior of the vehicle or vessel for any
1475	papers that may be in the glove box, trunk, or other areas for a
1476	state of registration.
1477	7.  Check of vehicle for vehicle identification number.
1478	8.  Check of vessel for vessel registration number.
1479	9.  Check of vessel hull for a hull identification number,
1480	which should be carved, burned, stamped, embossed, or otherwise
1481	permanently affixed to the outboard side of the transom or, if
1482	there is no transom, to the outmost seaboard side at the end of
1483	the hull that bears the rudder or other steering mechanism.
1484	(5)(a)  The owner of a vehicle or vessel removed under
1485	pursuant to the provisions of subsection (2), or any person
1486	claiming a lien, other than the wrecker company towing-storage
1487	operator, within 10 days after the time she or he has knowledge
1488	of the location of the vehicle or vessel, may file a complaint
1489	in the county court of the county in which the vehicle or vessel
1490	is stored or in which the owner resides to determine if her or
1491	his property was wrongfully taken or withheld from her or him.
1492	(b)  Upon filing of a complaint, an owner or lienholder may
1493	have her or his vehicle or vessel released upon posting with the
1494	court a cash or surety bond or other adequate security equal to
1495	the amount of the charges for towing or storage and lot rental
1496	amount to ensure the payment of the such charges in the event
1497	she or he does not prevail. Upon the posting of the bond and the
1498	payment of the applicable fee set forth in s. 28.24, the clerk
1499	of the court shall issue a certificate notifying the lienor of
1500	the posting of the bond and directing the lienor to release the
1501	vehicle or vessel. At the time of the such release, after
1502	reasonable inspection, she or he shall give a receipt to the
1503	wrecker towing-storage company reciting any claims she or he has
1504	for loss or damage to the vehicle or vessel or to the contents
1505	of the vehicle or vessel thereof.
1506	(c)  Upon determining the respective rights of the parties,
1507	the court shall may award damages, reasonable attorney's fees,
1508	and costs to in favor of the prevailing party. In any event, The
1509	final order shall require provide for immediate payment in full
1510	of the recovery, towing, and storage fees by the vehicle or
1511	vessel owner or lienholder,; by or the law enforcement agency
1512	ordering the tow,; or by the property owner, lessee, or agent
1513	thereof of the real property from which the vehicle or vessel
1514	was towed or removed under s. 715.07.
1515	(6)  Any vehicle or vessel that which is stored under
1516	pursuant to subsection (2) and which remains unclaimed, or for
1517	which reasonable charges for recovery, towing, or storing remain
1518	unpaid, and any contents not released under pursuant to
1519	subsection (10), may be sold by the wrecker company owner or
1520	operator of the storage space for the such towing or storage
1521	charge after 35 days after from the time the vehicle or vessel
1522	is stored in the wrecker company's storage facility therein if
1523	the vehicle or vessel is more than 3 years of age or after 50
1524	days after following the time the vehicle or vessel is stored in
1525	the wrecker company's storage facility therein if the vehicle or
1526	vessel is 3 years of age or less. The sale shall be at public
1527	auction for cash. If the date of the sale is was not included in
1528	the notice required in subsection (4), notice of the sale shall
1529	be given to the person in whose name the vehicle or vessel is
1530	registered and to all persons claiming a lien on the vehicle or
1531	vessel as shown on the records of the Department of Highway
1532	Safety and Motor Vehicles or of the corresponding agency in any
1533	other state. Notice shall be sent by certified mail, return
1534	receipt requested, to the owner of the vehicle or vessel and the
1535	person having the recorded lien on the vehicle or vessel at the
1536	address shown on the records of the registering agency and shall
1537	be mailed at least not less than 15 days before the date of the
1538	sale. After diligent search and inquiry, if the name and address
1539	of the registered owner or the owner of the recorded lien cannot
1540	be ascertained, the requirements of notice by mail may be
1541	dispensed with. In addition to the notice by mail, public notice
1542	of the time and place of sale shall be made by publishing a
1543	notice of the sale thereof one time, at least 10 days prior to
1544	the date of the sale, in a newspaper of general circulation in
1545	the county in which the sale is to be held. The proceeds of the
1546	sale, after payment of reasonable towing and storage charges,
1547	and costs of the sale, in that order of priority, shall be
1548	deposited with the clerk of the circuit court for the county if
1549	the owner is absent, and the clerk shall hold the such proceeds
1550	subject to the claim of the person legally entitled to those
1551	proceeds thereto. The clerk shall be entitled to receive 5
1552	percent of the such proceeds for the care and disbursement of
1553	the proceeds thereof. The certificate of title issued under this
1554	section law shall be discharged of all liens unless otherwise
1555	provided by court order.
1556	(7)(a)  A wrecker company, its wrecker operators, and other
1557	employees or agents of the wrecker company operator recovering,
1558	towing, or storing vehicles or vessels are is not liable for
1559	damages connected with those such services, theft of the such
1560	vehicles or vessels, or theft of personal property contained in
1561	the such vehicles or vessels if those, provided that such
1562	services are have been performed with reasonable care and
1563	provided, further, that, in the case of removal of a vehicle or
1564	vessel upon the request of a person purporting, and reasonably
1565	appearing, to be the property owner or lessee, or a person
1566	authorized by the owner or lessee, of the real property from
1567	which the such vehicle or vessel is removed, the such removal is
1568	has been done in compliance with s. 715.07. Further, a wrecker
1569	company, its wrecker operators, and other employees or agents of
1570	the wrecker company are operator is not liable for damage to a
1571	vehicle, a vessel, or cargo that obstructs the normal movement
1572	of traffic or creates a hazard to traffic and is removed in
1573	compliance with the request of a law enforcement officer.
1574	(b)  For the purposes of this subsection, a wrecker
1575	company, its wrecker operators, and other employees or agents of
1576	the wrecker company are operator is presumed to use reasonable
1577	care to prevent the theft of a vehicle or vessel or of any
1578	personal property contained in the such vehicle or vessel stored
1579	in the wrecker company's operator's storage facility if all of
1580	the following apply:
1581	1.  The wrecker company operator surrounds the storage
1582	facility with a chain-link or solid-wall type fence at least 6
1583	feet in height;
1584	2.  The wrecker company illuminates operator has
1585	illuminated the storage facility with lighting of sufficient
1586	intensity to reveal persons and vehicles at a distance of at
1587	least 150 feet during nighttime; and
1588	3.  The wrecker company operator uses one or more of the
1589	following security methods to discourage theft of vehicles or
1590	vessels or of any personal property contained in such vehicles
1591	or vessels stored in the wrecker company's operator's storage
1592	facility:
1593	a.  A night dispatcher or watchman remains on duty at the
1594	storage facility from sunset to sunrise;
1595	b.  A security dog remains at the storage facility from
1596	sunset to sunrise;
1597	c.  Security cameras or other similar surveillance devices
1598	monitor the storage facility; or
1599	d.  A security guard service examines the storage facility
1600	at least once each hour from sunset to sunrise.
1601	(c)  Any law enforcement agency requesting that a motor
1602	vehicle be removed from an accident scene, street, or highway
1603	must conduct an inventory and prepare a written record of all
1604	personal property found in the vehicle before the vehicle is
1605	removed by a wrecker operator. However, if the owner or driver
1606	of the motor vehicle is present and accompanies the vehicle, an
1607	no inventory by law enforcement is not required. A wrecker
1608	company, its wrecker operators, and other employees or agents of
1609	the wrecker company are operator is not liable for the loss of
1610	personal property alleged to be contained in such a vehicle when
1611	the such personal property was not identified on the inventory
1612	record prepared by the law enforcement agency requesting the
1613	removal of the vehicle.
1614	(8)  A wrecker company and its wrecker operators, excluding
1615	person regularly engaged in the business of recovering, towing,
1616	or storing vehicles or vessels, except a person licensed under
1617	chapter 493 while engaged in "repossession" activities as
1618	defined in s. 493.6101, may not operate a wrecker, tow truck, or
1619	car carrier unless the name, address, and telephone number of
1620	the wrecker company performing the wrecker services service is
1621	clearly printed in contrasting colors on the driver and
1622	passenger sides of the wrecker its vehicle. The name must be in
1623	at least 3-inch permanently affixed letters, and the address and
1624	telephone number must be in at least 1-inch permanently affixed
1625	letters.
1626	(9)  Failure to make good faith, best efforts to comply
1627	with the notice requirements of this section precludes shall
1628	preclude the imposition of any storage charges against the such
1629	vehicle or vessel.
1630	(10)  Each wrecker company that provides Persons who
1631	provide services under pursuant to this section shall permit
1632	vehicle or vessel owners or their agents, which agency is
1633	evidenced by an original writing acknowledged by the owner
1634	before a notary public or other person empowered by law to
1635	administer oaths, to inspect the towed vehicle or vessel and
1636	shall release to the owner or agent the vehicle, vessel, or all
1637	personal property not affixed to the vehicle or vessel that
1638	which was in the vehicle or vessel at the time the vehicle or
1639	vessel came into the custody of the wrecker company person
1640	providing those such services.
1641	(11)(a)  A wrecker company that Any person regularly
1642	engaged in the business of recovering, towing, or storing
1643	vehicles or vessels who comes into possession of a vehicle or
1644	vessel pursuant to subsection (2) and complies who has complied
1645	with the provisions of subsections (3) and (6), when the such
1646	vehicle or vessel is to be sold for purposes of being
1647	dismantled, destroyed, or changed in such a manner that it is
1648	not the motor vehicle or vessel described in the certificate of
1649	title, must shall apply to the county tax collector for a
1650	certificate of destruction. A certificate of destruction, which
1651	authorizes the dismantling or destruction of the vehicle or
1652	vessel described on the certificate therein, is shall be
1653	reassignable no more than twice a maximum of two times before
1654	dismantling or destruction of the vehicle or vessel is shall be
1655	required, and, in lieu of a certificate of title, the
1656	certificate of destruction shall accompany the vehicle or vessel
1657	for which it is issued, when the such vehicle or vessel is sold
1658	for that purpose such purposes, in lieu of a certificate of
1659	title. The application for a certificate of destruction must
1660	include an affidavit from the applicant that it has complied
1661	with all applicable requirements of this section and, if the
1662	vehicle or vessel is not registered in this state, by a
1663	statement from a law enforcement officer that the vehicle or
1664	vessel is not reported stolen, and must also shall be
1665	accompanied by any other such documentation as may be required
1666	by the department.
1667	(b)  The Department of Highway Safety and Motor Vehicles
1668	shall charge a fee of $3 for each certificate of destruction. A
1669	service charge of $4.25 shall be collected and retained by the
1670	tax collector who processes the application.
1671	(c)  The Department of Highway Safety and Motor Vehicles
1672	may adopt such rules to administer as it deems necessary or
1673	proper for the administration of this subsection.
1674	(12)(a)  Any person who violates any provision of
1675	subsection (1), subsection (2), subsection (4), subsection (5),
1676	subsection (6), or subsection (7) commits is guilty of a
1677	misdemeanor of the first degree, punishable as provided in s.
1678	775.082 or s. 775.083.
1679	(b)  Any person who violates subsection (8), subsection
1680	(9), subsection (10), or subsection (11) commits the provisions
1681	of subsections (8) through (11) is guilty of a felony of the
1682	third degree, punishable as provided in s. 775.082, s. 775.083,
1683	or s. 775.084.
1684	(c)  Any person who uses a false or fictitious name, gives
1685	a false or fictitious address, or makes any false statement in
1686	any application or affidavit required under the provisions of
1687	this section commits is guilty of a felony of the third degree,
1688	punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
1689	(d)  Employees of the Department of Highway Safety and
1690	Motor Vehicles and law enforcement officers may are authorized
1691	to inspect the records of each wrecker company in this state any
1692	person regularly engaged in the business of recovering, towing,
1693	or storing vehicles or vessels or transporting vehicles or
1694	vessels by wrecker, tow truck, or car carrier, to ensure
1695	compliance with the requirements of this section. Any person who
1696	fails to maintain records, or fails to produce records when
1697	required in a reasonable manner and at a reasonable time,
1698	commits a misdemeanor of the first degree, punishable as
1699	provided in s. 775.082 or s. 775.083.
1700	(13)(a)  Upon receipt by the Department of Highway Safety
1701	and Motor Vehicles of written notice from a wrecker company that
1702	operator who claims a wrecker company's operator's lien under
1703	paragraph (2)(c) or paragraph (2)(d) for recovery, towing, or
1704	storage of an abandoned vehicle or vessel upon instructions from
1705	any law enforcement agency, for which a certificate of
1706	destruction has been issued under subsection (11), the
1707	department shall place the name of the registered owner of that
1708	vehicle or vessel on the list of those persons who may not be
1709	issued a license plate or revalidation sticker for any motor
1710	vehicle under s. 320.03(8). If the vehicle or vessel is owned
1711	jointly by more than one person, the name of each registered
1712	owner shall be placed on the list. The notice of wrecker
1713	company's operator's lien shall be submitted on forms provided
1714	by the department, which must include:
1715	1.  The name, address, and telephone number of the wrecker
1716	company operator.
1717	2.  The name of the registered owner of the vehicle or
1718	vessel and the address to which the wrecker company operator
1719	provided notice of the lien to the registered owner under
1720	subsection (4).
1721	3.  A general description of the vehicle or vessel,
1722	including its color, make, model, body style, and year.
1723	4.  The vehicle identification number (VIN); registration
1724	license plate number, state, and year; validation decal number,
1725	state, and year; vessel registration number; hull identification
1726	number; or other identification number, as applicable.
1727	5.  The name of the person or the corresponding law
1728	enforcement agency that requested that the vehicle or vessel be
1729	recovered, towed, or stored.
1730	6.  The amount of the wrecker company's operator's lien,
1731	not to exceed the amount allowed by paragraph (b).
1732	(b)  For purposes of this subsection only, the amount of
1733	the wrecker company's operator's lien for which the department
1734	will prevent issuance of a license plate or revalidation sticker
1735	may not exceed the amount of the charges for recovery, towing,
1736	and storage of the vehicle or vessel for 7 days. These charges
1737	may not exceed the maximum rates imposed by the ordinances of
1738	the respective county or municipality under ss. 125.0103(1)(c)
1739	and 166.043(1)(c). This paragraph does not limit the amount of a
1740	wrecker company's operator's lien claimed under subsection (2)
1741	or prevent a wrecker company operator from seeking civil
1742	remedies for enforcement of the entire amount of the lien, but
1743	limits only that portion of the lien for which the department
1744	will prevent issuance of a license plate or revalidation
1745	sticker.
1746	(c)1.  The registered owner of a vehicle or vessel may
1747	dispute a wrecker company's operator's lien, by notifying the
1748	department of the dispute in writing on forms provided by the
1749	department, if at least one of the following applies:
1750	a.  The registered owner presents a notarized bill of sale
1751	proving that the vehicle or vessel was sold in a private or
1752	casual sale before the vehicle or vessel was recovered, towed,
1753	or stored.
1754	b.  The registered owner presents proof that the Florida
1755	certificate of title of the vehicle or vessel was sold to a
1756	licensed dealer as defined in s. 319.001 before the vehicle or
1757	vessel was recovered, towed, or stored.
1758	c.  The records of the department were marked "sold" prior
1759	to the date of the tow.
1760
1761	If the registered owner's dispute of a wrecker company's
1762	operator's lien complies with one of these criteria, the
1763	department shall immediately remove the registered owner's name
1764	from the list of those persons who may not be issued a license
1765	plate or revalidation sticker for any motor vehicle under s.
1766	320.03(8), thereby allowing issuance of a license plate or
1767	revalidation sticker. If the vehicle or vessel is owned jointly
1768	by more than one person, each registered owner must dispute the
1769	wrecker company's operator's lien in order to be removed from
1770	the list. However, the department shall deny any dispute and
1771	maintain the registered owner's name on the list of those
1772	persons who may not be issued a license plate or revalidation
1773	sticker for any motor vehicle under s. 320.03(8) if the wrecker
1774	company operator has provided the department with a certified
1775	copy of the judgment of a court that which orders the registered
1776	owner to pay the wrecker company's operator's lien claimed under
1777	this section. In such a case, the amount of the wrecker
1778	company's operator's lien allowed by paragraph (b) may be
1779	increased to include no more than $500 of the reasonable costs
1780	and attorney's fees incurred in obtaining the judgment. The
1781	department's action under this subparagraph is ministerial in
1782	nature, shall not be considered final agency action, and is
1783	appealable only to the county court for the county in which the
1784	vehicle or vessel was ordered removed.
1785	2.  A person against whom a wrecker company's operator's
1786	lien has been imposed may alternatively obtain a discharge of
1787	the lien by filing a complaint, challenging the validity of the
1788	lien or the amount of the lien thereof, in the county court of
1789	the county in which the vehicle or vessel was ordered removed.
1790	Upon filing of the complaint, the person may have her or his
1791	name removed from the list of those persons who may not be
1792	issued a license plate or revalidation sticker for any motor
1793	vehicle under s. 320.03(8), thereby allowing issuance of a
1794	license plate or revalidation sticker, upon posting with the
1795	court a cash or surety bond or other adequate security equal to
1796	the amount of the wrecker company's operator's lien to ensure
1797	the payment of such lien in the event she or he does not
1798	prevail. Upon the posting of the bond and the payment of the
1799	applicable fee set forth in s. 28.24, the clerk of the court
1800	shall issue a certificate notifying the department of the
1801	posting of the bond and directing the department to release the
1802	wrecker company's operator's lien. Upon determining the
1803	respective rights of the parties, the court may award damages
1804	and costs in favor of the prevailing party.
1805	3.  If a person against whom a wrecker company's operator's
1806	lien has been imposed does not object to the lien, but cannot
1807	discharge the lien by payment because the wrecker company
1808	operator has moved or gone out of business, the person may have
1809	her or his name removed from the list of those persons who may
1810	not be issued a license plate or revalidation sticker for any
1811	motor vehicle under s. 320.03(8), thereby allowing issuance of a
1812	license plate or revalidation sticker, upon posting with the
1813	clerk of court in the county in which the vehicle or vessel was
1814	ordered removed, a cash or surety bond or other adequate
1815	security equal to the amount of the wrecker company's operator's
1816	lien. Upon the posting of the bond and the payment of the
1817	application fee set forth in s. 28.24, the clerk of the court
1818	shall issue a certificate notifying the department of the
1819	posting of the bond and directing the department to release the
1820	wrecker company's operator's lien. The department shall mail to
1821	the wrecker company operator, at the address upon the lien form,
1822	notice that the wrecker company operator must claim the security
1823	within 60 days, or the security will be released back to the
1824	person who posted it. At the conclusion of the 60 days, the
1825	department shall direct the clerk as to which party is entitled
1826	to payment of the security, less applicable clerk's fees.
1827	4.  A wrecker company's operator's lien expires 5 years
1828	after filing.
1829	(d)  Upon discharge of the amount of the wrecker company's
1830	operator's lien allowed by paragraph (b), the wrecker company
1831	operator must issue a certificate of discharged wrecker
1832	company's operator's lien on forms provided by the department to
1833	each registered owner of the vehicle or vessel attesting that
1834	the amount of the wrecker company's operator's lien allowed by
1835	paragraph (b) has been discharged. Upon presentation of the
1836	certificate of discharged wrecker company's operator's lien by
1837	the registered owner, the department shall immediately remove
1838	the registered owner's name from the list of those persons who
1839	may not be issued a license plate or revalidation sticker for
1840	any motor vehicle under s. 320.03(8), thereby allowing issuance
1841	of a license plate or revalidation sticker. Issuance of a
1842	certificate of discharged wrecker company's operator's lien
1843	under this paragraph does not discharge the entire amount of the
1844	wrecker company's operator's lien claimed under subsection (2),
1845	but only certifies to the department that the amount of the
1846	wrecker company's operator's lien allowed by paragraph (b), for
1847	which the department will prevent issuance of a license plate or
1848	revalidation sticker, has been discharged.
1849	(e)  When a wrecker company operator files a notice of
1850	wrecker company's operator's lien under this subsection, the
1851	department shall charge the wrecker company operator a fee of
1852	$2, which shall be deposited into the General Revenue Fund
1853	established under s. 860.158. A service charge of $2.50 shall be
1854	collected and retained by the tax collector who processes a
1855	notice of wrecker company's operator's lien.
1856	(f)  This subsection applies only to the annual renewal in
1857	the registered owner's birth month of a motor vehicle
1858	registration and does not apply to the transfer of a
1859	registration of a motor vehicle sold by a motor vehicle dealer
1860	licensed under chapter 320, except for the transfer of
1861	registrations which is inclusive of the annual renewals. This
1862	subsection does not apply to any vehicle registered in the name
1863	of the lessor. This subsection does not affect the issuance of
1864	the title to a motor vehicle, notwithstanding s. 319.23(7)(b).
1865	(g)  The Department of Highway Safety and Motor Vehicles
1866	may adopt rules pursuant to ss. 120.536(1) and 120.54 to
1867	implement this subsection.
1868	Section 20.  The amendments to section 713.78, Florida
1869	Statutes, made by this act do not affect the validity of liens
1870	established under section 713.78, Florida Statutes, before
1871	January 1, 2008.
1872	Section 21.  Effective January 1, 2008, section 715.07,
1873	Florida Statutes, is amended to read:
1874	715.07  Vehicles or vessels parked on real private property
1875	without permission; towing.--
1876	(1)  As used in this section, the term:
1877	(a)  "Property owner" means an owner or lessee of real
1878	property, or a person authorized by the owner or lessee, which
1879	person may be the designated representative of the condominium
1880	association if the real property is a condominium.
1881	(b)(a)  "Vehicle" has the same meaning ascribed in s.
1882	508.101 means any mobile item which normally uses wheels,
1883	whether motorized or not.
1884	(c)(b)  "Vessel" has the same meaning ascribed in s.
1885	508.101 means every description of watercraft, barge, and
1886	airboat used or capable of being used as a means of
1887	transportation on water, other than a seaplane or a "documented
1888	vessel" as defined in s. 327.02(9).
1889	(d)  "Wrecker company" has the same meaning ascribed in s.
1890	508.101.
1891	(e)  "Wrecker operator" has the same meaning ascribed in s.
1892	508.101.
1893	(2)  A property owner The owner or lessee of real property,
1894	or any person authorized by the owner or lessee, which person
1895	may be the designated representative of the condominium
1896	association if the real property is a condominium, may cause a
1897	any vehicle or vessel parked on her or his such property without
1898	her or his permission to be removed by a wrecker company
1899	registered under chapter 508 person regularly engaged in the
1900	business of towing vehicles or vessels, without liability for
1901	the costs of removal, transportation, or storage or damages
1902	caused by the such removal, transportation, or storage, under
1903	any of the following circumstances:
1904	(a)  The towing or removal of any vehicle or vessel from
1905	real private property without the consent of the registered
1906	owner or other legally authorized person in control of that
1907	vehicle or vessel is subject to strict compliance with the
1908	following conditions and restrictions:
1909	1.a.  Any towed or removed vehicle or vessel must be stored
1910	at a storage facility site within a 10-mile radius of the point
1911	of removal in any county with a population of 500,000 population
1912	or more, and within a 15-mile radius of the point of removal in
1913	any county with a population of fewer less than 500,000
1914	population. The wrecker company's storage facility That site
1915	must be open for the purpose of redemption of vehicles and
1916	vessels on any day that the wrecker company person or firm
1917	towing the such vehicle or vessel is open for towing purposes,
1918	from 8 8:00 a.m. to 6 6:00 p.m., and, when closed, must shall
1919	have prominently posted a sign indicating a telephone number
1920	where the operator of the storage facility site can be reached
1921	at all times. Upon receipt of a telephoned request to open the
1922	storage facility site to redeem a vehicle or vessel, the
1923	operator shall return to the storage facility site within 1 hour
1924	or she or he is will be in violation of this section.
1925	b.  If no wrecker company towing business providing such
1926	service is located within the area of towing limitations set
1927	forth in sub-subparagraph a., the following limitations apply:
1928	any towed or removed vehicle or vessel must be stored at a
1929	storage facility site within a 20-mile radius of the point of
1930	removal in any county with a population of 500,000 population or
1931	more, and within a 30-mile radius of the point of removal in any
1932	county with a population of fewer less than 500,000 population.
1933	2.  The wrecker company person or firm towing or removing
1934	the vehicle or vessel shall, within 30 minutes after completion
1935	of the such towing or removal, notify the municipal police
1936	department or, in an unincorporated area, the sheriff, of the
1937	such towing or removal, the location of the storage facility
1938	site, the time the vehicle or vessel was towed or removed, and
1939	the make, model, color, and license plate number of the vehicle
1940	or the make, model, color, and registration number of the
1941	vessel. The wrecker company or description and registration
1942	number of the vessel and shall also obtain the name of the
1943	person at the police that department or sheriff's office to whom
1944	such information is was reported and note that name on the trip
1945	record.
1946	3.  A wrecker operator person in the process of towing or
1947	removing a vehicle or vessel from the premises or parking lot in
1948	which the vehicle or vessel is not lawfully parked without
1949	permission must stop when a person seeks the return of the
1950	vehicle or vessel. The vehicle or vessel must be returned upon
1951	the payment of a reasonable service fee of not more than one-
1952	half of the posted rate for the towing or removal service as
1953	provided in subparagraph 6. The vehicle or vessel may be towed
1954	or removed if, after a reasonable opportunity, the owner or
1955	legally authorized person in control of the vehicle or vessel is
1956	unable to pay the service fee or refuses to remove the vehicle
1957	or vessel that is parked without permission. If the vehicle or
1958	vessel is redeemed, a detailed signed receipt must be given to
1959	the person redeeming the vehicle or vessel.
1960	4.  A wrecker company, a wrecker operator, or another
1961	employee or agent of a wrecker company person may not pay or
1962	accept money or other valuable consideration for the privilege
1963	of towing or removing vehicles or vessels from a particular
1964	location.
1965	5.  Except for property appurtenant to and obviously a part
1966	of a single-family residence, and except for instances when
1967	notice is personally given to the owner or other legally
1968	authorized person in control of the vehicle or vessel that the
1969	area in which that vehicle or vessel is parked is reserved or
1970	otherwise unavailable for unauthorized vehicles or vessels and
1971	that the vehicle or vessel is subject to being removed at the
1972	owner's or operator's expense, any property owner or lessee, or
1973	person authorized by the property owner or lessee, before prior
1974	to towing or removing any vehicle or vessel from real private
1975	property without the consent of the owner or other legally
1976	authorized person in control of that vehicle or vessel, must
1977	post a notice meeting the following requirements:
1978	a.  The notice must be prominently placed at each driveway
1979	access or curb cut allowing vehicular access to the property,
1980	within 5 feet from the public right-of-way line. If there are no
1981	curbs or access barriers, at least one sign the signs must be
1982	posted not less than one sign for each 25 feet of lot frontage.
1983	b.  The notice must clearly indicate, in at least not less
1984	than 2-inch high, light-reflective letters on a contrasting
1985	background, that unauthorized vehicles will be towed away at the
1986	owner's expense. The words "tow-away zone" must be included on
1987	the sign in at least not less than 4-inch high letters.
1988	c.  The notice must also provide the name and current
1989	telephone number of the wrecker company person or firm towing or
1990	removing the vehicles or vessels.
1991	d.  The sign structure containing the required notices must
1992	be permanently installed with the words "tow-away zone" not less
1993	than 3 feet and not more than 6 feet above ground level and must
1994	be continuously maintained on the property for not less than 24
1995	hours prior to the towing or removal of any vehicles or vessels.
1996	e.  The local government may require permitting and
1997	inspection of these signs prior to any towing or removal of
1998	vehicles or vessels being authorized.
1999	f.  A business with 20 or fewer parking spaces satisfies
2000	the notice requirements of this subparagraph by prominently
2001	displaying a sign stating, "Reserved Parking for Customers Only.
2002	Unauthorized Vehicles or Vessels Will be Towed Away At the
2003	Owner's Expense," in at least not less than 4-inch high, light-
2004	reflective letters on a contrasting background.
2005	g.  A property owner towing or removing vessels from real
2006	property must post notice, consistent with the requirements in
2007	sub-subparagraphs a.-f., which apply to vehicles, that
2008	unauthorized vehicles or vessels will be towed away at the
2009	owner's expense.
2010
2011	A business owner or lessee may authorize the removal of a
2012	vehicle or vessel by a wrecker towing company registered under
2013	chapter 508 when no tow-away sign is posted if the vehicle or
2014	vessel is parked in such a manner that restricts the normal
2015	operation of business.; and If a vehicle or vessel parked on a
2016	public right-of-way obstructs access to a private driveway when
2017	no tow-away sign is posted, the owner or, lessee of the
2018	driveway, or the owner's or lessee's agent may have the vehicle
2019	or vessel removed by a wrecker towing company registered under
2020	chapter 508 upon signing an order that the vehicle or vessel be
2021	removed without a posted tow-away zone sign.
2022	6.  Each wrecker company Any person or firm that tows or
2023	removes vehicles or vessels and proposes to require an owner,
2024	operator, or person in control of a vehicle or vessel to pay the
2025	costs of towing and storage prior to redemption of the vehicle
2026	or vessel must file and keep on record with the local law
2027	enforcement agency a complete copy of the current rates to be
2028	charged for the such services and post at the wrecker company's
2029	storage facility site an identical rate schedule and any written
2030	contracts with property owners, lessees, or persons in control
2031	of real property that which authorize the wrecker company such
2032	person or firm to remove vehicles or vessels as provided in this
2033	section.
2034	7.  Each wrecker company Any person or firm towing or
2035	removing any vehicles or vessels from real private property
2036	without the consent of the owner or other legally authorized
2037	person in control of the vehicles or vessels shall, on each
2038	wrecker any trucks, wreckers as defined in s. 320.01 s.
2039	713.78(1)(c), or other vehicles used in the towing or removal,
2040	have the name, address, and telephone number of the wrecker
2041	company performing such service clearly printed in contrasting
2042	colors on the driver and passenger sides of the wrecker vehicle.
2043	The name must shall be in at least 3-inch permanently affixed
2044	letters, and the address and telephone number must shall be in
2045	at least 1-inch permanently affixed letters.
2046	8.  Vehicle or vessel entry for the purpose of towing or
2047	removing the vehicle or vessel is shall be allowed with
2048	reasonable care on the part of the wrecker company and the
2049	wrecker operators person or firm towing the vehicle or vessel. A
2050	wrecker company, its wrecker operators, and other employees or
2051	agents of the wrecker company are not Such person or firm shall
2052	be liable for any damage occasioned to the vehicle or vessel if
2053	such entry into the vehicle or vessel is performed not in
2054	accordance with the standard of reasonable care.
2055	9.  When a vehicle or vessel is has been towed or removed
2056	under pursuant to this section, the wrecker company it must
2057	release the vehicle or vessel be released to its owner or an
2058	agent of the owner custodian within one hour after requested.
2059	Any vehicle or vessel owner or the owner's agent has shall have
2060	the right to inspect the vehicle or vessel before accepting its
2061	return. A wrecker company may not require any vehicle or vessel
2062	owner, custodian, or agent to, and no release the wrecker
2063	company or waiver of any kind which would release the person or
2064	firm towing the vehicle or vessel from liability for damages
2065	noted by the owner or other legally authorized person at the
2066	time of the redemption may be required from any vehicle or
2067	vessel owner, custodian, or agent as a condition of release of
2068	the vehicle or vessel to its owner. A wrecker company must give
2069	a person paying towing and storage charges under this section a
2070	detailed, signed receipt showing the legal name of the wrecker
2071	company or person towing or removing the vehicle or vessel must
2072	be given to the person paying towing or storage charges at the
2073	time of payment, whether requested or not.
2074	(b)  The These requirements of this subsection are minimum
2075	standards and do not preclude enactment of additional
2076	regulations by any municipality or county, including the
2077	regulation of right to regulate rates when vehicles or vessels
2078	are towed from real private property.
2079	(3)  This section does not apply to vehicles or vessels
2080	that are reasonably identifiable from markings as law
2081	enforcement, firefighting, rescue squad, ambulance, or other
2082	emergency vehicles or vessels that are marked as such or to
2083	property owned by any governmental entity.
2084	(4)  When a person improperly causes a vehicle or vessel to
2085	be removed, that such person is shall be liable to the owner or
2086	lessee of the vehicle or vessel for the cost of removal,
2087	transportation, and storage; any damages resulting from the
2088	removal, transportation, or storage of the vehicle or vessel;
2089	attorney's fees; and court costs.
2090	(5)  Failure to make good faith efforts to comply with the
2091	notice requirements in subparagraph (2)(a)5. precludes the
2092	imposition of any towing or storage charges against the vehicle
2093	or vessel.
2094	(6)(5)(a)  Any person who violates subparagraph (2)(a)2. or
2095	subparagraph (2)(a)6. commits a misdemeanor of the first degree,
2096	punishable as provided in s. 775.082 or s. 775.083.
2097	(b)  Any person who violates subparagraph (2)(a)1.,
2098	subparagraph (2)(a)3., subparagraph (2)(a)4., subparagraph
2099	(2)(a)7., or subparagraph (2)(a)9. commits a felony of the third
2100	degree, punishable as provided in s. 775.082, s. 775.083, or s.
2101	775.084.
2102	Section 22.  Effective January 1, 2008, subsection (15) of
2103	section 1.01, Florida Statutes, is repealed.
2104	Section 23.  The sum of $693,000 is appropriated from the
2105	General Inspection Trust Fund to the Department of Agriculture
2106	and Consumer Services, and nine additional full-time-equivalent
2107	positions are authorized, for the purpose of implementing this
2108	act during the 2007-2008 fiscal year.
2109	Section 24.  Except as otherwise expressly provided in this
2110	act, this act shall take effect July 1, 2007.

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