Florida Senate - 2012                        COMMITTEE AMENDMENT
       Bill No. SB 1122
       
       
       
       
       
       
                                Barcode 438534                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  01/19/2012           .                                
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       The Committee on Transportation (Latvala) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Between lines 2260 and 2261
    4  insert:
    5         Section 57. Subsections (1) and (2) of section 323.001,
    6  Florida Statutes, are amended to read:
    7         323.001 Wrecker operator storage facilities; vehicle
    8  holds.—
    9         (1) An investigating agency may place a hold on a motor
   10  vehicle stored within a wrecker operator’s storage facility for
   11  a period not to exceed 7 5 days, excluding holidays and
   12  weekends, unless extended in writing.
   13         (2) The investigating agency must notify the wrecker
   14  operator in writing within 7 5 days, excluding holidays and
   15  weekends, whether the hold is to be continued. If no
   16  notification follows this period of time, the wrecker operator
   17  may release the vehicle to the designated person pursuant to s.
   18  713.78.
   19         (a) If the hold is to continue beyond 7 5 days, excluding
   20  holidays and weekends, the investigating agency may have the
   21  vehicle removed to a designated impound lot, in which event the
   22  vehicle will not be released by the investigating agency to the
   23  owner or lienholder of the vehicle until proof of payment of the
   24  towing and storage charges incurred by the wrecker operator is
   25  presented to the investigating agency.
   26         (b) If the investigating agency chooses to have the vehicle
   27  remain at the wrecker operator’s storage facility beyond 7 5
   28  days, excluding holidays and weekends, pursuant to the written
   29  notification, the investigating agency shall be responsible for
   30  payment of the storage charges incurred by the wrecker operator
   31  for the requested extended period. In such an event, the owner
   32  or lienholder shall be responsible for payment of accrued towing
   33  and storage charges for the first 7 5 days, excluding holidays
   34  and weekends, or any period less than the first 7 5 days,
   35  excluding holidays and weekends, when the investigating agency
   36  either moves the vehicle from the wrecker operator’s storage
   37  facility to a designated impound lot or provides written
   38  notification to extend the hold on the vehicle before prior to
   39  the expiration of the 7 5 days, excluding holidays and weekends.
   40         (c) The towing and storage rates for the owner or
   41  lienholder of the held vehicle may shall not exceed the contract
   42  or county rates.
   43         Section 58. Section 323.002, Florida Statutes, is amended
   44  to read:
   45         323.002 County and municipal wrecker operator systems;
   46  penalties for operation outside of system.—
   47         (1) As used in this section, the term:
   48         (a) “Authorized wrecker operator” means any wrecker
   49  operator who has been designated as part of the wrecker operator
   50  system established by the governmental unit having jurisdiction
   51  over the scene of a wrecked or disabled vehicle.
   52         (b) “Unauthorized wrecker operator” means any wrecker
   53  operator who has not been designated as part of the wrecker
   54  operator system established by the governmental unit having
   55  jurisdiction over the scene of a wrecked or disabled vehicle.
   56         (c) “Wrecker operator system” means a system for the towing
   57  or removal of wrecked, disabled, or abandoned vehicles, similar
   58  to the Florida Highway Patrol wrecker operator system described
   59  in s. 321.051(2), under which a county or municipality contracts
   60  with one or more wrecker operators for the towing or removal of
   61  wrecked, disabled, or abandoned vehicles from accident scenes,
   62  streets, or highways. A wrecker operator system shall include
   63  using a method for apportioning the towing assignments among the
   64  eligible wrecker operators through the creation of geographic
   65  zones, a rotation schedule, or a combination of these methods.
   66         (2) In any county or municipality that operates a wrecker
   67  operator system:
   68         (a) It is unlawful for an unauthorized wrecker operator or
   69  its employees or agents to monitor police radio for
   70  communications between patrol field units and the dispatcher in
   71  order to determine the location of a wrecked or disabled vehicle
   72  for the purpose of driving by the scene of such vehicle in a
   73  manner described in paragraph (b) or paragraph (c). Any person
   74  who violates this paragraph commits is guilty of a noncriminal
   75  violation, punishable as provided in s. 775.083, and the
   76  person’s wrecker, tow truck, or other motor vehicle that was
   77  used during the offense may be immediately removed and impounded
   78  pursuant to subsection (3).
   79         (b) It is unlawful for an unauthorized wrecker operator to
   80  drive by the scene of a wrecked or disabled vehicle before the
   81  arrival of an authorized wrecker operator, initiate contact with
   82  the owner or operator of such vehicle by soliciting or offering
   83  towing services, and tow such vehicle. Any person who violates
   84  this paragraph commits is guilty of a misdemeanor of the second
   85  degree, punishable as provided in s. 775.082 or s. 775.083, and
   86  the person’s wrecker, tow truck, or other motor vehicle that was
   87  used during the offense may be immediately removed and impounded
   88  pursuant to subsection (3).
   89         (c) When an unauthorized wrecker operator drives by the
   90  scene of a wrecked or disabled vehicle and the owner or operator
   91  initiates contact by signaling the wrecker operator to stop and
   92  provide towing services, the unauthorized wrecker operator must
   93  disclose in writing to the owner or operator of the vehicle his
   94  or her full name and driver license number, that he or she is
   95  not the authorized wrecker operator who has been designated as
   96  part of the wrecker operator system, that the motor vehicle is
   97  not being towed for the owner’s or operator’s insurance company
   98  or lienholder, and the maximum must disclose, in writing, what
   99  charges for towing and storage which will apply before the
  100  vehicle is connected to the towing apparatus. The unauthorized
  101  wrecker operator must also provide a copy of the disclosure to
  102  the owner or operator in the presence of a law enforcement
  103  officer if such officer is at the scene of a motor vehicle
  104  accident. Any person who violates this paragraph commits is
  105  guilty of a misdemeanor of the second degree, punishable as
  106  provided in s. 775.082 or s. 775.083, and the person’s wrecker,
  107  tow truck, or other motor vehicle that was used during the
  108  offense may be immediately removed and impounded pursuant to
  109  subsection (3).
  110         (d) At the scene of a wrecked or disabled vehicle, it is
  111  unlawful for a wrecker operator to falsely identify himself or
  112  herself as being part of the wrecker operator system. Any person
  113  who violates this paragraph commits is guilty of a misdemeanor
  114  of the first degree, punishable as provided in s. 775.082 or s.
  115  775.083, and the person’s wrecker, tow truck, or other motor
  116  vehicle that was used during the offense may be immediately
  117  removed and impounded pursuant to subsection (3).
  118         (3)(a) A law enforcement officer from any local
  119  governmental agency or state law enforcement agency may cause to
  120  be immediately removed and impounded from the scene of a wrecked
  121  or disabled vehicle, at the unauthorized wrecker operator’s
  122  expense, any wrecker, tow truck, or other motor vehicle that is
  123  used in violation of any provision of subsection (2). The
  124  unauthorized wrecker operator shall be assessed a cost recovery
  125  fine as provided in paragraph (b) by the authority that ordered
  126  the immediate removal and impoundment of the wrecker, tow truck,
  127  or other motor vehicle. A wrecker, tow truck, or other motor
  128  vehicle that is removed and impounded pursuant to this section
  129  may not be released from an impound or towing and storage
  130  facility before a release form has been completed by the
  131  authority that ordered the immediate removal and impoundment of
  132  the wrecker, tow truck, or other motor vehicle which verifies
  133  that the cost recovery fine has been paid to the authority. The
  134  vehicle must remain impounded until the fine has been paid or
  135  until the vehicle is sold at public sale pursuant to s. 713.78.
  136         (b) Notwithstanding any other provision of law to the
  137  contrary, the unauthorized wrecker operator, upon retrieval of
  138  the wrecker, tow truck, or other motor vehicle removed or
  139  impounded pursuant to this section, and in addition to any other
  140  penalties that may be imposed for noncriminal violations, shall
  141  pay a cost recovery fine of $500 for a first-time violation of
  142  any provision of subsection (2), or a fine of $1,000 for each
  143  subsequent violation, to the authority that ordered the
  144  immediate removal and impoundment of the wrecker, tow truck, or
  145  other motor vehicle. Cost recovery funds collected under this
  146  subsection shall be retained by the authority that ordered the
  147  removal and impoundment of the wrecker, tow truck, or other
  148  motor vehicle and may be used only for the enforcement,
  149  investigation, prosecution, and training related to towing
  150  violations and crimes involving motor vehicles.
  151         (c) Notwithstanding any other provision of law to the
  152  contrary and in addition to the cost recovery fine required by
  153  this subsection, a person who violates any provision of
  154  subsection (2) shall pay the fees associated with the removal
  155  and storage of the unauthorized wrecker, tow truck, or other
  156  motor vehicle.
  157         (4)(3) This section does not prohibit, or in any way
  158  prevent, the owner or operator of a vehicle involved in an
  159  accident or otherwise disabled from contacting any wrecker
  160  operator for the provision of towing services, whether the
  161  wrecker operator is an authorized wrecker operator or not.
  162  
  163  ================= T I T L E  A M E N D M E N T ================
  164         And the title is amended as follows:
  165         Delete line 311
  166  and insert:
  167         motor vehicle; amending s. 323.001, F.S.; revising the
  168         period during which an investigating agency may place
  169         a hold on a motor vehicle stored within a wrecker
  170         operator’s storage facility; revising provisions to
  171         conform to changes made by the act; amending s.
  172         323.002, F.S.; providing that an unauthorized wrecker
  173         operator’s wrecker, tow truck, or other motor vehicle
  174         used during certain offenses may be immediately
  175         removed and impounded; requiring that an unauthorized
  176         wrecker operator disclose in writing to the owner or
  177         operator of a motor vehicle certain information;
  178         requiring that the unauthorized wrecker operator also
  179         provide a copy of the disclosure to the owner or
  180         operator in the presence of a law enforcement officer
  181         if at the scene of a motor vehicle accident;
  182         authorizing a law enforcement officer from a local
  183         governmental agency or state law enforcement agency to
  184         cause to be removed and impounded from the scene of a
  185         wrecked or disabled vehicle an unauthorized wrecker,
  186         tow truck, or other motor vehicle; authorizing the
  187         authority that caused the removal and impoundment to
  188         assess a cost recovery fine; requiring a release form;
  189         requiring that the wrecker, tow truck, or other motor
  190         vehicle remain impounded until the fine has been paid;
  191         providing the amounts for the cost recovery fine for
  192         first-time and subsequent violations; requiring that
  193         the unauthorized wrecker operator pay the fees
  194         associated with the removal and storage of the
  195         wrecker, tow truck, or other motor vehicle; amending
  196         s. 324.072, F.S.; prohibiting