HB 1195

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

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