The following terms have the meaning indicated:

1. (1) “Abandoned Vehicle” – An unattended vehicle which the division has determined must be removed because the vehicle is improperly parked in violation of Sections 316.194, 316.1945 or 316.1951, Florida Statutes, or a vehicle which has been reported to a law enforcement agency as having been stolen.
2. (2) “Authorized wrecker operator” – A wrecker operator that is included in and participating in the division’s wrecker operator system for a zone.
3. (3) “Call for service” or “called for service”– A request sent by a Florida Highway Patrol employee, Florida Highway Patrol regional communications center, or third party authorized by the Florida Highway Patrol, by or through a telephone call, text message, electronic message, cellular application, computer application or program, or other means of notification, as determined by the Florida Highway Patrol for a Troop or zone, to an authorized wrecker operator’s communications system for the dispatch by an authorized wrecker operator of a wrecker or wreckers to remove or deal with one or more wrecked, disabled, or abandoned vehicles.
4. (4) “Chasing or running wrecks” – Occurs when an authorized wrecker operator drives by the scene of a wrecked or disabled vehicle before the arrival of an authorized wrecker operator pursuant to a call for service and initiates contact with the owner or operator of the wrecked or disabled vehicle by soliciting or offering towing services to such owner or operator, regardless of whether or not that authorized wrecker operator actually tows the wrecked or disabled vehicle.
5. (5) “Class A Wrecker” - Wreckers used for the removal of cars and light duty trucks and vehicles weighing 10,000 pounds gross vehicle weight or less.
6. (6) “Class “B” Wrecker” – Wreckers used for removal of medium duty trucks or vehicles weighing 20,000 pounds gross vehicle weight or less.
7. (7) “Class C Wrecker” – Wreckers used for the removal of heavy duty trucks, house trailers, buses, etc., weighing over 20,000 pounds gross vehicle weight.
8. (8) “Department” – The Department of Highway Safety and Motor Vehicles.
9. (9) “Division” – The Division of Florida Highway Patrol of the Department of Highway Safety and Motor Vehicles.

10. (10) “Driver” – Any person who:

    1. (a) Drives or operates a wrecker on behalf of an authorized wrecker operator, regardless of whether such person is an employee, agent, independent contractor, sole proprietor, officer, shareholder, director, member, partner, limited partner, or the owner of the authorized wrecker operator.
    2. (b) Will drive or operate a wrecker on behalf of a wrecker operator, regardless of whether such person is an employee, agent, independent contractor, sole proprietor, officer, shareholder, director, member, partner, limited partner, or the owner of the wrecker operator to respond to calls for service, if the wrecker operator is approved as an authorized wrecker operator.

11. (11) “Failure to provide service” – A:

    1. (a) Failure to respond when called for service;
    2. (b) Failure to arrive at the scene after responding that the authorized wrecker operator would provide service in response to a call for service;
    3. (c) Failure to accept a call for service; or
    4. (d) Refusal to accept a call for service.

12. (12) “Not reputable” means when a person:

    1. (a) Has been convicted of a forcible felony as defined in Section 776.08, Florida Statutes.
    2. (b) Has been convicted of a felony listed in Section 812.014(2)(c)6., Florida Statutes.
    3. (c) Has been convicted of a felony listed in Section 812.16(2), Florida Statutes.
    4. (d) Has been convicted one or more felonies arising from or related to the wrecker operator business.
    5. (e) Has been convicted of two or more felonies, either committed at different times or arising from unrelated offenses.
    6. (f) Has been convicted of a felony and has been denied approval as an authorized wrecker operator, a principal of an authorized wrecker operator, or as a driver in the immediately preceding five (5) calendar years for any reason other than the conviction of a felony, except a forcible felony as defined in Section 776.08, Florida Statutes, a felony listed in Section 812.014(2)(c)6., Florida Statutes, or a felony listed in Section 812.16(2), Florida Statutes.
    7. (g) Has been arrested and has pending adjudication for one or more criminal charges for a forcible felony as defined in Section 776.08, Florida Statutes, a felony listed in Section 812.014(2)(c)6., Florida Statutes, a felony listed in Section 812.16(2), Florida Statutes, one or more felonies arising from or related to the wrecker operator business, or two or more felony offenses either committed at different times or arising from unrelated offenses.
    8. (h) Is subject to an injunction for protection against domestic violence issued pursuant to Section 741.30, Florida Statutes.
    9. (i) Is subject to an injunction for protection against repeat violence, sexual violence, or dating violence issued pursuant to Section 784.046(7), Florida Statutes.
    10. (j) Is the subject of a risk protection order issued pursuant to Section 790.401, Florida Statutes.
    11. (k) Has been adjudicated an incapacitated person pursuant to Section 744.331, Florida Statutes.
    12. (l) Has been convicted of a felony and is required to register as a sexual predator pursuant to Section 943.0435, Florida Statutes, or as a sexual offender pursuant to Section 944.607, Florida Statutes.
    13. (m) Has knowingly furnished false information to the department, the division, another government agency or entity, including, but not limited to, as a part of an application to be an authorized wrecker operator or a driver, as a part of an application to be a wrecker operator for another governmental agency or entity, or in a statement to another governmental agency or entity in the course of a wrecker operator business, in the immediately preceding three (3) calendar years.
    14. (n) As a driver, responded to one or more calls for service while under the influence of alcohol, any controlled substance, or chemical substance, in the immediately preceding three (3) years.
    15. (o) Is a driver and has been convicted of a violation of Section 316.193, Florida Statutes, in the immediately preceding eighteen (18) months, has a pending charge for a violation of Section 316.193, Florida Statutes, or is or was disqualified, pursuant to Section 322.64, Florida Statutes, during the immediately preceding eighteen (18) months.
    16. (p) Is a driver whose driver license is or was suspended, for refusing to take a breath, blood or urine test as required pursuant to Section 316.1932, Florida Statutes, in the immediately preceding eighteen (18) months, whose driver license is or was suspended, pursuant to Section 322.2615, Florida Statutes, in the immediately preceding eighteen (18) months, or whose commercial driver license has been downgraded pursuant to Section 322.591, Florida Statutes.
    17. (q) Has been suspended or removed from the authorized wrecker system or has been suspended or removed as a driver, for the use of a wrecker which has been suspended or removed from the authorized wrecker system within the immediately preceding three (3) calendar years.
    18. (r) Has been suspended or removed from a wrecker rotation system or list by any law enforcement agency within the immediately preceding three (3) calendar years.
13. (13) “Person” – Has the same meaning as in Section 1.01, Florida Statutes, including, but not limited to, a sole proprietor, corporation, limited liability company, partnership, limited partnership, business association, or other type of business entity.
14. (14) “Principal” – Each person, employee, agent, independent contractor, officer, director, shareholder, member, partner, limited partner, or owner, which owns more than 10 percent of the equity ownership of an authorized wrecker operator or a wrecker operator, if the wrecker operator has applied to be an authorized wrecker operator.
15. (15) “Roll-back or slide-back wrecker” – A type of wrecker used and designed to transport or carry passenger cars, light trucks, small trailers, burned vehicles, sports cars, boats and other cargo, weighing 10,000 pounds gross vehicle weight or less, consisting of a flat bed-type body which hydraulically slides back on the frame until it reaches ground level to facilitate loading by use of a winch which is used to pull or slide the vehicle onto the wrecker.
16. (16) “Solicitation” – Conduct of an employee, agent, independent contractor, officer, shareholder, director, member, or owner of a wrecker operator which tempts, entices, suggests, offers services to, or makes requests of any person regarding removal of a wrecked, disabled, or abandoned vehicle.
17. (17) “State holiday” – Holidays observed by state agencies pursuant to Section 110.117(1), Florida Statutes.
18. (18) “Troop” – An organizational unit of the Florida Highway Patrol which has been assigned to patrol and primarily operate within a specific group of contiguous counties in Florida, but not including any organizational units of the Florida Highway Patrol assigned to patrol and primarily operate in an area whose boundaries overlay those of other, specific organizational units of the Florida Highway Patrol that are assigned to a specific group of contiguous counties in Florida, assigned to patrol roadways operated by the Florida Turnpike Enterprise of the Florida Department of Transportation, or whose primary duties do not include patrolling any specific portion of Florida.
19. (19) “Troop commander” – The Florida Highway Patrol officer designated by the division director to command a troop.
20. (20) “Trooper” – An employee, member or officer of the Florida Highway Patrol.

21. (21) “Wrecker” – A tow truck, including a roll-back or slide-back carrier, that is:

    1. (a) Designed and constructed as a tow truck by a commercial wrecker manufacturer which offers its wreckers for sale, or

    2. (b) Assembled by a business licensed and approved to assemble and certify wreckers according to manufacturer’s specifications published on the manufacturer’s website or the manufacturer’s manual in the possession of the wrecker operator that owns the wrecker.

       A wrecker may be a Class A wrecker, a Class B wrecker, a Class C wrecker or a roll-back or slide-back wrecker.

22. (22) “Wrecker staff person” – Any person who:

    1. (a) Handles, processes, or has access to any payment transaction or payment information for the removal of one or more wrecked, disabled, or abandoned vehicles for or on behalf of an authorized wrecker operator as a result of a call for service or the wrecker operator system, regardless of whether such person is an employee, agent, independent contractor, sole proprietor, officer, shareholder, director, member, partner, limited partner, or owner of the authorized wrecker operator;
    2. (b) Will handle, process, or have access to any payment transaction or payment information for the removal of one or more wrecked, disabled, or abandoned vehicles for or on behalf of a wrecker operator as a result of a call for service or the wrecker operator system, regardless of whether such person is an employee, agent, independent contractor, sole proprietor, officer, shareholder, director, member, partner, limited partner, or owner of the authorized wrecker operator, if the wrecker operator is approved as an authorized wrecker operator;
    3. (c) Has any access to or any control of access to one or more wrecked, disabled, or abandoned vehicles stored by an authorized wrecker operator as a result of a call for service or the wrecker operator system, regardless of whether such person is an employee, agent, independent contractor, sole proprietor, officer, shareholder, director, member, partner, limited partner, or owner of the authorized wrecker operator; and
    4. (d) Will have any access to or any control of access to one or more wrecked, disabled, or abandoned vehicles stored by a wrecker operator as a result of a call for service or the wrecker operator system, regardless of whether such person is an employee, agent, independent contractor, sole proprietor, officer, shareholder, director, member, partner, limited partner, or owner of the authorized wrecker operator, if the wrecker operator is approved as an authorized wrecker operator.
23. (23) “Wrecker Operator” – Has the same meaning as in Section 1.01, Florida Statutes.
24. (24) “Wrecker operator system” – The system of authorized wrecker operators that are to be called for service, in rotation within each zone, when a wrecked, disabled, or abandoned vehicle must be removed from a crash scene or stored, or when the owner or operator is incapacitated, unavailable, or has left the procurement of a wrecker to the Florida Highway Patrol officer at the scene.
25. (25) “Zone” – A contiguous geographic area within the boundaries of a troop which has been designated by the division, pursuant to Rule 15B-9.003, F.A.C.

Rulemaking Authority 321.051 FS. Law Implemented 321.051, 321.05(1) FS. History–New 1-22-86, Formerly 15B-9.02, Amended 10-15-92, 1-6-26.