Florida Senate - 2016                                    SB 1510
       
       
        
       By Senator Hutson
       
       6-01138B-16                                           20161510__
    1                        A bill to be entitled                      
    2         An act relating to the advertisement of vehicle and
    3         vessel purchasing; creating s. 320.276, F.S.;
    4         providing definitions; requiring a motor vehicle
    5         dealer who advertises the purchase of vehicles or
    6         vessels to display specified information on the sign
    7         or advertisement; providing penalties; creating s.
    8         323.003, F.S.; prohibiting an unlicensed motor vehicle
    9         dealer or unregistered secondary metals recycler from
   10         dispatching a wrecker, tow truck, trailer, dolly, or
   11         other vehicle in response to an advertisement for the
   12         purchase of a vehicle or vessel; providing penalties;
   13         providing for impoundment of the wrecker, tow truck,
   14         trailer, dolly, or other vehicle under certain
   15         circumstances; providing for cost recovery fines and
   16         fees; providing an exception; providing applicability;
   17         creating s. 538.2155, F.S.; providing definitions;
   18         requiring a secondary metals recycler who advertises
   19         the purchase of vehicles or vessels to display
   20         specified information on the sign or advertisement;
   21         amending s. 538.23, F.S.; providing penalties;
   22         providing an effective date.
   23          
   24  Be It Enacted by the Legislature of the State of Florida:
   25  
   26         Section 1. Section 320.276, Florida Statutes, is created to
   27  read:
   28         320.276 Advertisement of the purchase of vehicles and
   29  vessels.—
   30         (1) As used in this section, the term:
   31         (a) “Advertise” means the act of producing advertisements
   32  in any form, by way of any medium, to the public.
   33         (b) “Physical address” means a mailing address that
   34  includes a zip code and which details the physical location of
   35  the motor vehicle dealer. The term does not include a post
   36  office box, private mail drop box, or e-mail address.
   37         (2)(a) A motor vehicle dealer who advertises on a permanent
   38  or temporary sign the purchase of vehicles or vessels shall
   39  clearly and conspicuously disclose his or her motor vehicle
   40  dealer license number on the sign.
   41         (b) A motor vehicle dealer who advertises in a newspaper,
   42  on a website, or through an online service the purchase of
   43  vehicles or vessels shall clearly and conspicuously disclose his
   44  or her true and correct company name, physical address,
   45  telephone number, and motor vehicle dealer license number on the
   46  advertisement.
   47         (3)(a) A licensed motor vehicle dealer who advertises in
   48  violation of subsection (2) commits a misdemeanor of the second
   49  degree, punishable as provided in s. 775.082 or s. 775.083.
   50         (b) A person required to be licensed as a motor vehicle
   51  dealer under s. 320.27, but who is not licensed, and who
   52  advertises in violation of subsection (2) commits a misdemeanor
   53  of the first degree, punishable as provided in s. 775.082 or s.
   54  775.083.
   55         Section 2. Section 323.003, Florida Statutes, is created to
   56  read:
   57         323.003 Purchase of vehicle or vessel by unlicensed motor
   58  vehicle dealer or unregistered secondary metals recycler;
   59  dispatch of wrecker or tow truck; penalties; impoundment.—
   60         (1) A person required to be licensed as a motor vehicle
   61  dealer under s. 320.27, or registered as a secondary metals
   62  recycler under s. 538.25, but who is not licensed or registered
   63  may not dispatch or send a wrecker, tow truck, trailer, dolly,
   64  or other vehicle in response to a sign or advertisement for the
   65  purchase of a vehicle or vessel as described in s. 320.276 or s.
   66  538.2155.
   67         (2) A person who violates subsection (1) commits a
   68  misdemeanor of the first degree, punishable as provided in s.
   69  775.082 or s. 775.083, and the person’s wrecker, tow truck,
   70  trailer, dolly, or other vehicle that was used during the
   71  offense may be immediately removed and impounded pursuant to
   72  subsection (3).
   73         (3) A law enforcement officer from any local governmental
   74  agency or state law enforcement agency may cause to be
   75  immediately removed and impounded, at the owner’s expense, a
   76  wrecker, tow truck, trailer, dolly, or other vehicle that is
   77  used to respond to the sign or advertisement posted by a person
   78  required to be licensed as a motor vehicle dealer under s.
   79  320.27, or registered as a secondary metals recycler under s.
   80  538.25, but who is not licensed or registered. The owner shall
   81  additionally be assessed a cost recovery fine as provided in
   82  subsection (5) by the authority that ordered the removal and
   83  impoundment. The impounded wrecker, tow truck, trailer, dolly,
   84  or other vehicle must be stored at an authorized law enforcement
   85  impound facility and may not be released from such facility
   86  before a release form is completed by the authority that ordered
   87  the removal and impoundment which verifies that the cost
   88  recovery fine has been paid to the authority. Except as provided
   89  in subsection (4), the vehicle must remain impounded until the
   90  fine is paid or until the vehicle is sold at public sale
   91  pursuant to s. 713.78(6).
   92         (4) The owner of a vehicle impounded under this section may
   93  request a hearing within 10 business days after the impoundment.
   94  If, at the hearing, the owner shows that he or she had no
   95  knowledge that the vehicle was being used in violation of this
   96  section, the vehicle shall be released to the owner without
   97  payment of the fine under subsection (5) or charges under
   98  subsection (6).
   99         (5) Notwithstanding any other provision of law, and in
  100  addition to any other penalties that may be imposed for
  101  noncriminal violations, a wrecker, tow truck, or other vehicle
  102  operator subject to a cost recovery fine under this section
  103  shall pay $500 for a first violation of subsection (1) or a fine
  104  of $1,000 for each subsequent violation of subsection (1) to the
  105  authority that ordered the removal and impoundment of the
  106  wrecker, tow truck, trailer, dolly, or other vehicle upon
  107  retrieval of such wrecker, tow truck, trailer, dolly, or other
  108  vehicle. Cost recovery fines collected under this section shall
  109  be retained by the authority that ordered the removal and
  110  impoundment and may be used only for enforcement, investigation,
  111  prosecution, and training related to towing violations, salvage
  112  vehicle violations, or crimes involving vehicle or vessel theft
  113  or fraud.
  114         (6) Notwithstanding any other provision of law and in
  115  addition to the cost recovery fine required by this section, a
  116  person who violates subsection (1) shall pay the fees associated
  117  with the removal and storage of the unauthorized wrecker, tow
  118  truck, trailer, dolly, or other motor vehicle.
  119         (7) This section does not apply to a vehicle or vessel
  120  towed or removed pursuant to s. 715.07.
  121         Section 3. Section 538.2155, Florida Statutes, is created
  122  to read:
  123         538.2155 Advertisement of the purchase of vehicles and
  124  vessels.—
  125         (1) As used in this section, the term:
  126         (a) “Advertise” means the act of producing advertisements
  127  in any form, by way of any medium, to the public.
  128         (b) “Physical address” means a mailing address that
  129  includes a zip code and which details the physical location of
  130  the secondary metals recycler. The term does not include a post
  131  office box, private mail drop box, or e-mail address.
  132         (2) A secondary metals recycler who advertises on a
  133  permanent or temporary sign the purchase of vehicles or vessels
  134  shall clearly and conspicuously disclose his or her secondary
  135  metals recycler registration number on the sign.
  136         (3) A secondary metals recycler who advertises in a
  137  newspaper, on a website, or through an online service the
  138  purchase of vehicles or vessels shall clearly and conspicuously
  139  disclose his or her true and correct company name, physical
  140  address, telephone number, and secondary metals recycler
  141  registration number on the advertisement.
  142         Section 4. Subsection (6) is added to section 538.23,
  143  Florida Statutes, to read:
  144         538.23 Violations and penalties.—
  145         (6)(a) A registered secondary metals recycler who
  146  advertises in violation of s. 538.2155 commits a misdemeanor of
  147  the second degree, punishable as provided in s. 775.082 or s.
  148  775.083.
  149         (b) A person required to register with the department as a
  150  secondary metals recycler under s. 538.25, but who is not
  151  registered, and who advertises in violation of s. 538.2155
  152  commits a misdemeanor of the first degree, punishable as
  153  provided in s. 775.082 or s. 775.083.
  154         Section 5. This act shall take effect July 1, 2016.