HB 677 CS (2003) -  Wrecker Services

General Bill by Russell (CO-SPONSORS) Allen; Needelman; Zapata
Wrecker Services: Exempts hearings of the Division of the Florida Highway Patrol concerning the wrecker allocation system from the requirements of ch. 120, F.S.; prohibits a county or municipality from issuing or renewing a license for a wrecker company that is not in compliance with the requirements of the act; provides for removal of vehicle or vehicle cargo without consent of the owner; limits liability of specified persons for such removal; conforms provisions relating to traffic control to changes made by the act; reenacts s. 316.550(4), F.S., relating to special wrecker permits, to incorporate the amendment to s. 320.01, F.S.; provides requirements for licensing wreckers and other vehicles; redefines the term "wrecker" for purposes of the Florida Statutes; conforms provisions relating to motor vehicle registration and license plates to changes made by the act; reenacts s. 320.08(5)(d) and (e), F.S., relating to license taxes; revises requirements for the issuance of wrecker license plates; conforms provisions relating to dealer license plates to changes made by the act; provides definitions; requires the Division of the FHP within the DHSMV to establish a wrecker allocation system; provides requirements for the system; authorizes the division to set maximum rates for towing and storage of vehicles; prohibits an unauthorized wrecker company from monitoring a police radio or engaging in other activities; provides penalties; provides requirements for dispatching wreckers; provides definitions; provides procedures for a law enforcement agency to place a hold on a stored vehicle; provides for payment of towing and storage charges; provides requirements for a county or municipality that operates a wrecker allocation system; provides requirements for the system; prohibits an unauthorized wrecker company from monitoring a police radio or engaging in other activities; provides requirements for dispatching wreckers; provides definitions; creates the Wrecker Operator Advisory Council within the Department of Agriculture and Consumer Services; provides for membership and terms; provides for reimbursement for travel and per diem expenses; requires the council to advise the department on matters relating to standards and practices in the wrecker industry; authorizes the department to adopt rules; requires wrecker companies to register with the department; provides requirements for registration renewal; provides requirements for advertisements; requires insurance coverage; authorizes the department to deny registration; establishes a certification program for wrecker operators; requires the department to approve courses and organizations; provides requirements for examinations; provides for certification in specialized wrecker services; requires the department to adopt rules; provides for certification cards to be issued to wrecker operators who complete the certification course and pass the examination; prohibits the performance of wrecker services after a specified date unless the company is registered and obtains certification as required; authorizes the department to inspect employment records; provides requirements for continuing education; specifies prohibited acts; provides administrative, civil, and criminal penalties; provides for registration fees; provides for deposit of fees, penalties, and other funds; provides that the chapter does not apply to recovery agents; authorizes counties and municipalities to enact ordinances governing wrecker operators; provides definitions; conforms provisions relating to liens for recovering, towing, or storing vehicles and vessels; provides for attorney's fees to be awarded to the prevailing party for a frivolous claim of wrongful taking or claim of lien; provides immunity from liability for a wrecker company, its operators, and other employees or agents if services are performed with reasonable care or for complying with the directions of a law enforcement officer; provides for the owner of a vehicle, vessel, or mobile home to dispute a claim of lien by a wrecker company based on a record of sale; clarifies that the amendments made by the act do not affect the validity of prior liens; provides for the towing and removal of vehicles and vessels under certain circumstances; provides requirements for towing and storage; prohibits a property owner from soliciting a wrecker company for a rebate for the privilege of removing vehicles from the owner's property; provides immunity from liability for a wrecker company, its operators, and other employees or agents if services are performed with reasonable care; provides that failure to comply with notice requirements precludes a wrecker company from imposing towing or storage charges; provides penalties; provides an appropriation and authorizes additional positions.
Effective Date: Except as otherwise expressly provided in this act, this act shall take effect July 1, 2003
Last Event: Died on Second Reading Calendar on Friday, May 2, 2003 6:15 PM

Referred Committees and Committee Actions

House Referrals

Related Bills

Bill # Subject Relationship
Bill #: CS/SB 2128 Subject: Wrecker Services Relationship: Similar
Bill #: HB 1415 CS Subject: Motor Vehicles Relationship: Compare
Bill #: HB 1513 CS Subject: Motor Vehicles, Mobile Homes, and Vessels Relationship: Compare
Bill #: CS/CS/SB 682 Subject: Highway Safety & Motor Vehicles Relationship: Compare

Bill Text

Staff Analysis

Chamber Committee
Chamber: House Committee: Agriculture 4/15/2003 11:08:02 AM
Chamber: House Committee: Agriculture 4/14/2003 3:57:38 PM
Chamber: House Committee: Transportation 4/14/2003 11:22:42 AM
Chamber: House Committee: Transportation 4/3/2003 11:47:17 AM
Chamber: House Committee: Transportation 3/31/2003 5:39:17 PM

Vote History

(No Votes Recorded)

Bill History

Event Time Member Committee Ver.
Event: H Died on Second Reading Calendar Time: 05/02/2003 - 6:15 PM Member: Committee: Version:
Event: H Amendment 799507 filed timely Time: 04/24/2003 - 5:19 PM Member: Committee: Version: c1
Event: H Amendment 289577 filed timely Time: 04/24/2003 - 5:16 PM Member: Committee: Version: c1
Event: H Amendment 875117 filed timely Time: 04/24/2003 - 5:10 PM Member: Committee: Version: c1
Event: H Amendment 399451 filed timely Time: 04/24/2003 - 5:07 PM Member: Committee: Version: c1
Event: H Amendment 220413 filed timely Time: 04/24/2003 - 4:56 PM Member: Committee: Version: c1
Event: H Bill added to Second Reading Calendar Time: 04/22/2003 - 11:18 PM Member: Committee: Version:
Event: H Placed on Calendar Time: 04/22/2003 - 6:37 PM Member: Committee: Version:
Event: H Withdrawn from Finance & Tax Time: 04/22/2003 - 6:37 PM Member: Committee: Finance & Tax Version:
Event: H Bill now in Finance & Tax Time: 04/15/2003 - 10:29 AM Member: Committee: Finance & Tax Version:
Event: H Bill passed referred committee Time: 04/15/2003 - 10:29 AM Member: Committee: Agriculture Version:
Event: H Bill reported out of committee meeting Time: 04/15/2003 - 10:29 AM Member: Committee: Agriculture Version:
Event: H Bill now in Agriculture Time: 04/14/2003 - 12:37 PM Member: Committee: Agriculture Version:
Event: H Bill referred to Finance & Tax Time: 04/14/2003 - 12:37 PM Member: Committee: Finance & Tax Version:
Event: H Bill referred to Agriculture Time: 04/14/2003 - 12:37 PM Member: Committee: Agriculture Version:
Event: H Recommendation: CS by Transportation ; Pending Review of CS under Rule 6.3 Time: 04/14/2003 - 12:06 PM Member: Committee: Transportation Version:
Event: H Filed timely Time: 04/14/2003 - 12:06 PM Member: Committee: Transportation Version:
Event: H Bill passed referred committee Time: 04/14/2003 - 11:21 AM Member: Committee: Transportation Version:
Event: H Bill reported out of committee meeting Time: 04/14/2003 - 11:21 AM Member: Committee: Transportation Version:
Event: H Bill added to Agriculture agenda Time: 04/11/2003 - 3:28 PM Member: Committee: Agriculture Version:
Event: H Bill added to Agriculture agenda Time: 04/08/2003 - 2:29 PM Member: Committee: Agriculture Version:
Event: H Bill added to Transportation agenda Time: 04/07/2003 - 4:09 PM Member: Committee: Transportation Version:
Event: H Bill passed referred committee Time: 04/03/2003 - 11:53 AM Member: Committee: Subcommittee on Highway Safety Version:
Event: H Bill reported out of committee meeting Time: 04/03/2003 - 11:53 AM Member: Committee: Subcommittee on Highway Safety Version:
Event: H Bill added to Subcommittee on Highway Safety agenda Time: 03/31/2003 - 4:21 PM Member: Committee: Subcommittee on Highway Safety Version:
Event: H 1st Reading Time: 03/04/2003 - 10:30 AM Member: Committee: Version:
Event: H Bill referred to Finance & Tax Time: 02/28/2003 - 6:52 PM Member: Committee: Finance & Tax Version:
Event: H Bill referred to Agriculture Time: 02/28/2003 - 6:52 PM Member: Committee: Agriculture Version:
Event: H Bill referred to Subcommittee on Highway Safety Time: 02/28/2003 - 6:52 PM Member: Committee: Subcommittee on Highway Safety Version:
Event: H Bill referred to Transportation Time: 02/28/2003 - 6:52 PM Member: Committee: Transportation Version:
Event: H File timely Time: 02/25/2003 - 3:47 PM Member: Russell Committee: Version:

Statutes Referenced by this Bill

Statute Other Bill Citations
1.01 HB 1241 CS
120.80 HB 921, HB 1375 CS, HB 1761 CS, HB 1803, HB 1827, HB 1901
205.1975
316.061
316.530
316.550
316.605 HB 1415 CS, HB 1513 CS
320.01 HB 449, HB 1513 CS
320.03 HB 337, HB 449
320.0706 HB 1415 CS
320.08 HB 449
320.0821 HB 1415 CS, HB 1513 CS
320.13 HB 449
321.051 HB 921
323.001
323.002
713.78 HB 1635
715.07 HB 1635