Florida Statute 323.002 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XXIII
MOTOR VEHICLES

Chapter 323
WRECKER OPERATORS

View Entire Chapter

F.S. 323.002

323.002 County and municipal wrecker operator systems; penalties for operation outside of system.—

(1) As used in this section, the term:

(a) “Authorized wrecker operator” means any wrecker operator who has been designated as part of the wrecker operator system established by the governmental unit having jurisdiction over the scene of a wrecked or disabled vehicle.

(b) “Unauthorized wrecker operator” means any wrecker operator who has not been designated as part of the wrecker operator system established by the governmental unit having jurisdiction over the scene of a wrecked or disabled vehicle.

(c) “Wrecker operator system” means a system for the towing or removal of wrecked, disabled, or abandoned vehicles, similar to the Florida Highway Patrol wrecker operator system described in s. 321.051(2), under which a county or municipality contracts with one or more wrecker operators for the towing or removal of wrecked, disabled, or abandoned vehicles from accident scenes, streets, or highways. A wrecker operator system shall include using a method for apportioning the towing assignments among the eligible wrecker operators through the creation of geographic zones, a rotation schedule, or a combination of these methods.

(2) In any county or municipality that operates a wrecker operator system:

(a) It is unlawful for an unauthorized wrecker operator or its employees or agents to monitor police radio for communications between patrol field units and the dispatcher in order to determine the location of a wrecked or disabled vehicle for the purpose of driving by the scene of such vehicle in a manner described in paragraph (b) or paragraph (c). Any person who violates this paragraph commits a noncriminal violation, punishable as provided in s. 775.083, and the person’s wrecker, tow truck, or other motor vehicle that was used during the offense may be immediately removed and impounded pursuant to subsection (3).

(b) It is unlawful for an unauthorized wrecker operator to drive by the scene of a wrecked or disabled vehicle before the arrival of an authorized wrecker operator, initiate contact with the owner or operator of such vehicle by soliciting or offering towing services, and tow such vehicle. Any person who violates this paragraph commits a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083, and the person’s wrecker, tow truck, or other motor vehicle that was used during the offense may be immediately removed and impounded pursuant to subsection (3).

(c) When an unauthorized wrecker operator drives by the scene of a wrecked or disabled vehicle and the owner or operator initiates contact by signaling the wrecker operator to stop and provide towing services, the unauthorized wrecker operator must disclose in writing to the owner or operator of the vehicle his or her full name and driver license number, that he or she is not the authorized wrecker operator who has been designated as part of the wrecker operator system, that the motor vehicle is not being towed for the owner’s or operator’s insurance company or lienholder, whether he or she has in effect an insurance policy providing at least $300,000 of liability insurance and at least $50,000 of on-hook cargo insurance, and the maximum charges for towing and storage which will apply before the vehicle is connected to the towing apparatus. The unauthorized wrecker operator must also provide a copy of the disclosure to the owner or operator in the presence of a law enforcement officer if such officer is at the scene of a motor vehicle accident. Any person who violates this paragraph commits a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083, and the person’s wrecker, tow truck, or other motor vehicle that was used during the offense may be immediately removed and impounded pursuant to subsection (3).

(d) At the scene of a wrecked or disabled vehicle, it is unlawful for a wrecker operator to falsely identify himself or herself as being part of the wrecker operator system. Any person who violates this paragraph commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083, and the person’s wrecker, tow truck, or other motor vehicle that was used during the offense may be immediately removed and impounded pursuant to subsection (3).

(3)(a) A law enforcement officer from any local governmental agency or state law enforcement agency may cause to be immediately removed and impounded from the scene of a wrecked or disabled vehicle, at the unauthorized wrecker operator’s expense, any wrecker, tow truck, or other motor vehicle that is used in violation of any provision of subsection (2). The impounded wrecker, tow truck, or other motor vehicle must be stored at an authorized law enforcement impound yard. The unauthorized wrecker operator shall be assessed a cost recovery fine as provided in paragraph (b) by the authority that ordered the immediate removal and impoundment of the wrecker, tow truck, or other motor vehicle. A wrecker, tow truck, or other motor vehicle that is removed and impounded pursuant to this section may not be released from an impound or towing and storage facility before a release form is completed by the authority that ordered the immediate removal and impoundment of the wrecker, tow truck, or other motor vehicle which verifies that the cost recovery fine has been paid to the authority. The vehicle must remain impounded until the fine is paid or until the vehicle is sold at public sale pursuant to s. 713.78.

(b) Notwithstanding any other provision of law, the unauthorized wrecker operator, upon retrieval of the wrecker, tow truck, or other motor vehicle removed or impounded pursuant to this section, and in addition to any other penalties that may be imposed for noncriminal violations, shall pay a cost recovery fine of $500 for a first violation of subsection (2), or a fine of $1,000 for each subsequent violation of subsection (2), to the authority that ordered the immediate removal and impoundment of the wrecker, tow truck, or other motor vehicle. Cost recovery funds collected under this subsection shall be retained by the authority that ordered the removal and impoundment of the wrecker, tow truck, or other motor vehicle and may be used only for the enforcement, investigation, prosecution, and training related to towing violations and crimes involving motor vehicles.

(c) Notwithstanding any other provision of law and in addition to the cost recovery fine required by this subsection, a person who violates any provision of subsection (2) shall pay the fees associated with the removal and storage of the unauthorized wrecker, tow truck, or other motor vehicle.

(4)(a) Except as provided in paragraph (b), a county or municipality may not adopt or maintain in effect an ordinance or rule that imposes a charge, cost, expense, fine, fee, or penalty on an authorized wrecker operator, the registered owner or other legally authorized person in control of a vehicle or vessel, or the lienholder of a vehicle or vessel when the vehicle or vessel is towed by an authorized wrecker operator under this chapter.

(b) A county or municipality may adopt or maintain an ordinance or rule that imposes a reasonable administrative fee or charge on the registered owner or other legally authorized person in control of a vehicle or vessel that is towed by an authorized wrecker operator, not to exceed 25 percent of the maximum towing rate, to cover the cost of enforcement, including parking enforcement, by the county or municipality when the vehicle or vessel is towed from public property. An authorized wrecker operator or towing business may impose and collect the administrative fee or charge on behalf of the county or municipality and shall remit such fee or charge to the county or municipality only after it is collected.

(5) Subsection (4) does not apply to the towing or immobilization licensing, regulatory, or enforcement program of a charter county described in s. 125.01047(3) or (4). Such charter county may impose a charge, cost, expense, fine, fee, or penalty on an authorized wrecker operator in connection with a violation of the towing or immobilization program requirements as set forth by ordinance, resolution, or regulation.

(6) This section does not prohibit, or in any way prevent, the owner or operator of a vehicle involved in an accident or otherwise disabled from contacting any wrecker operator for the provision of towing services, whether the wrecker operator is an authorized wrecker operator or not.

History.—s. 3, ch. 98-324; s. 73, ch. 2012-181; s. 65, ch. 2013-160; s. 62, ch. 2014-17; s. 37, ch. 2014-216; s. 5, ch. 2020-174.

F.S. 323.002 on Google Scholar

F.S. 323.002 on Casetext

Amendments to 323.002

Arrestable Offenses / Crimes under Fla. Stat. 323.002

Level: Degree
Misdemeanor/Felony: First/Second/Third

S323.002 2b - PUBLIC ORDER CRIMES - UNLAWFUL WRECKER SVC SOLICITING BUSN AT SCENE - M: S

S323.002 2c - FRAUD - FAIL DISCLOSE ID AUTH WRECKER AT SC OF WRECK - M: S

S323.002 2d - FRAUD-IMPERSON - GIVE FALSE ID AS BEING AUTH WRECKER - M: F

Annotations, Discussions, Cases:

Cases Citing Statute 323.002

Total Results: 20

In Re: Standard Jury Instructions in Criminal Cases-Report 2018-12.

Court: Fla. | Date Filed: 2019-05-30T00:00:00-07:00

Citation: 272 So. 3d 243

Snippet: Possession. *323 There are two types of possession: actual possession

Schenk v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2014-11-07T00:00:00-08:00

Citation: 150 So. 3d 275

Snippet: pieces,” and ordered Schenk to pay Mrs. Schenk $10,323,2 the approximate total of Mrs. Schenk’s valuations

McDuffie v. State

Court: Fla. | Date Filed: 2007-11-21T00:00:00-08:00

Citation: 970 So. 2d 312

Snippet: Hopkins and Alex Matias concerning photographs *323 of two men, Steve Absalon and Michael Fitzgerald, who

Field v. Perry

Court: Fla. Dist. Ct. App. | Date Filed: 1990-05-31T00:00:00-07:00

Citation: 564 So. 2d 504

Snippet: . The federal list of plants is in 33 C.F.R. § 323.2(a)(3). The state list of plants was originally adopted

Bostick v. State

Court: Fla. Dist. Ct. App. | Date Filed: 1987-07-22T00:53:00-07:00

Citation: 510 So. 2d 321

Snippet: an airport concourse, not on an actual plane. *323 2. The police displayed no weapons. 3. The defendant

Atlantic Truck Lines, Inc. v. Kersey

Court: Fla. Dist. Ct. App. | Date Filed: 1980-08-01T00:53:00-07:00

Citation: 387 So. 2d 411

Snippet: attorney referred the court's attention to Section 323.02, Florida Statutes (1975), which provided that motor…understandable in light of the failure of Section 323.02, Florida Statutes (1975), to alert a reader to

Ago

Court: Fla. Att'y Gen. | Date Filed: 1978-04-12T23:53:00-08:00

Snippet: vested in the Public Service Commission under s. 323.02, F. S. That section reads: No motor carrier…services in the Public Service Commission. Section 323.02, F. S. I note in passing that Dade County has no

Schreiber Express, Inc. v. Mayo

Court: Fla. | Date Filed: 1976-07-21T00:00:00-07:00

Citation: 338 So. 2d 21

Snippet: payable within 30 days of the date of this order. §§ 323.02, .09, Florida Statutes. It is further. “ORDERED…guilty of failure to operate approved schedules. § 323.02, Florida Statutes; §§ 25-5.19, .20, F.A.C. It is…certificate of registration of interstate operations. §§ 323.02, .28(2), Florida Statutes. It is further “ORDERED

Tamiami Trail Tours, Inc. v. Bevis

Court: Fla. | Date Filed: 1975-07-30T00:53:00-07:00

Citation: 316 So. 2d 257

Snippet: charter carriage as herein defined." Section 323.02, Florida Statutes, provides that no "motor

Petroleum Carrier Corp. v. Silco Petroleum Carrier, Inc.

Court: Fla. Dist. Ct. App. | Date Filed: 1975-06-16T00:00:00-07:00

Citation: 312 So. 2d 457

Snippet: Jacksonville, Florida, in alleged violation of § 323.02, Florida Statutes, which provides: “No motor carrier

State Ex Rel. McKenzie v. Willis

Court: Fla. | Date Filed: 1975-01-14T23:53:00-08:00

Citation: 310 So. 2d 1

Snippet: powers of the Commission as provided in Sections 323.02, 323.03 and 323.07, F.S. We agree non-competitive

B & G Horse Transportation, Inc. v. Yarborough

Court: Fla. | Date Filed: 1972-04-05T00:00:00-08:00

Citation: 261 So. 2d 159, 1972 Fla. LEXIS 3790

Snippet: Rule, 1964, MC-C-3437, 95 M.C.C. 71. F.S. Section 323.02, F.S.A., authorizes the Florida Public Service

State v. White

Court: Fla. | Date Filed: 1967-01-31T23:53:00-08:00

Citation: 194 So. 2d 601

Snippet: to do so, contrary to the provisions of Section 323.02, Florida Statutes of 1951, F.S.A. This section …merit to this contention. The requirements of § 323.02 regarding the necessity for a certificate or permit

Ellison v. City of Fort Lauderdale

Court: Fla. | Date Filed: 1966-02-08T23:53:00-08:00

Citation: 183 So. 2d 193

Snippet: Laws of Fla., 1957, Spec. Acts, Ch. 57-1322, § 323. [2] Fla. 1964, 164 So.2d 208. [3] Dresner v. City

Moldan v. First National Bank

Court: Fla. Dist. Ct. App. | Date Filed: 1965-05-11T00:00:00-07:00

Citation: 174 So. 2d 780

Snippet: and remanded. . Restatement (Second) Agency § 323(2) (1957). . id. Comment a. . Fla.1957, 95 So.2d

Driver's Dispatch, Inc. v. Florida Railroad & Public Utilities Commission

Court: Fla. Dist. Ct. App. | Date Filed: 1964-07-07T00:00:00-07:00

Citation: 166 So. 2d 899

Snippet: Public Utilities Commission, as required by Section 323.02 and subsequent sections of the statutes. Both the

State ex rel. Florida Railroad & Public Utilities Commission v. Ingalls

Court: Fla. Dist. Ct. App. | Date Filed: 1958-10-29T00:00:00-08:00

Citation: 106 So. 2d 570

Snippet: warrant charged in substance that he was violating -§ 323.02, Fla.Stat.1957, F.S.A. On a habeas corpus hearing…arrested he was charged with violation of Section 323.02, Fla.Stat.1957, F.S.A., in that he did unlawfully…transportation of United States mail.”' Section 323.02 cites as follows: “No auto transportation company

State ex rel. Seaboard Air Line Railroad v. King

Court: Fla. | Date Filed: 1957-03-06T00:00:00-08:00

Citation: 93 So. 2d 368

Snippet: without notice to them because of the mandate in Sec. 323.02, Florida Statutes 1955, and F.S.A., that no auto

Brack v. Carter

Court: Fla. | Date Filed: 1948-09-28T00:00:00-07:00

Citation: 37 So. 2d 89, 160 Fla. 845, 1948 Fla. LEXIS 941

Snippet: public highways of Florida as required by Section 323.02, F.S.A. The defendant, Brack, it is alleged, is…Commission and contrary to the provisions of Section 323.02, supra. The area and territory, it is alleged, …schedule between said points, contrary to Sections 323.02 and 323.03, supra. The defendant has operated said…violation of the provisions of Sections 323.01, 323.02, 323.03, 323.06, 323.15, and 323.22, F.S.A. On …company within the meaning of Sections 323.01 and 323.02, F.S.A., but was operating motor vehicles limousines

Cary Co. v. Whiting Hyer

Court: Fla. | Date Filed: 1926-02-24T00:00:00-08:00

Citation: 107 So. 684, 91 Fla. 322

Snippet: on Deeds, Sec. 1117; Cobb v. Day, 17 S.W. Rep. 323. (2) Lacey was in financial distress at the time of