Fla. Admin. Code R. 15B-9.0031 – Applications to be an Authorized Wrecker Operator; Requirements for Wrecker Operators; Investigation of Applications

(1) A wrecker operator must make a separate application to the division to be included on the list of authorized wrecker operators for a zone.
1. (a) Not later than sixty (60) days after this rule become effective, each authorized wrecker operator in each zone shall complete the Application For Inclusion on the Wrecker Operator System, form HSMV 60323, so that the division has a current and completed Application For Inclusion On The Wrecker Operator System, form HSMV 60323 (Eff. 12/2025), incorporated herein by reference and available at HYPERLINK "http://flrules.org/Gateway/reference.asp?No=Ref-18956"http://flrules.org/Gateway/reference.asp?No=Ref-18956, for all authorized wrecker operators.
2. (b) An application by a wrecker operator to be an authorized wrecker operator for a zone must be completed, indicate the wrecker class or wrecker classes the wrecker operator has, be signed on behalf of the wrecker operator by an authorized representative of the applying wrecker operator, must specify the zone for which the application is submitted, and must be filed with the division not later than the date specified in a notice published pursuant to paragraph 15B-9.003(1)(d) or (2)(e), F.A.C. However, wrecker operators may file an application at any time with the applicable troop to be considered to be an authorized wrecker operator for a zone within that troop. The application shall be made on the Application For Inclusion on the Wrecker Operator System, form HSMV 60323. The zones established pursuant to subsection 15B-9.003(1), F.A.C. for each respective troop of the Florida Highway Patrol are:
  1. Troop A Wrecker Zones (Eff. 12/2025), incorporated by reference and available at HYPERLINK "http://flrules.org/Gateway/reference.asp?No=Ref-18944"http://flrules.org/Gateway/reference.asp?No=Ref-18944.
  2. Troop B Wrecker Zones (Eff. 12/2025), incorporated by reference and available at HYPERLINK "http://flrules.org/Gateway/reference.asp?No=Ref-18945"http://flrules.org/Gateway/reference.asp?No=Ref-18945.
  3. Troop C Wrecker Zones (Eff. 12/2025), incorporated by reference and available at HYPERLINK "http://flrules.org/Gateway/reference.asp?No=Ref-18946"http://flrules.org/Gateway/reference.asp?No=Ref-18946.
  4. Troop D Wrecker Zones (Eff. 12/2025), incorporated by reference and available at HYPERLINK "http://flrules.org/Gateway/reference.asp?No=Ref-18947"http://flrules.org/Gateway/reference.asp?No=Ref-18947.
  5. Troop E Wrecker Zones (Eff. 12/2025), incorporated by reference and available at HYPERLINK "http://flrules.org/Gateway/reference.asp?No=Ref-18948"http://flrules.org/Gateway/reference.asp?No=Ref-18948.
  6. Troop F Wrecker Zones (Eff. 12/2025), incorporated by reference and available at HYPERLINK "http://flrules.org/Gateway/reference.asp?No=Ref-18949"http://flrules.org/Gateway/reference.asp?No=Ref-18949.
  7. Troop G Wrecker Zones (Eff. 12/2025), incorporated by reference and available at HYPERLINK "http://flrules.org/Gateway/reference.asp?No=Ref-18950"http://flrules.org/Gateway/reference.asp?No=Ref-18950.
  8. Troop H Wrecker Zones (Eff. 12/2025), incorporated by reference and available at HYPERLINK "http://flrules.org/Gateway/reference.asp?No=Ref-18951"http://flrules.org/Gateway/reference.asp?No=Ref-18951.
  9. Troop L Wrecker Zones (Eff. 12/2025), incorporated by reference and available at HYPERLINK "http://flrules.org/Gateway/reference.asp?No=Ref-18952"http://flrules.org/Gateway/reference.asp?No=Ref-18952.
3. (c) Form HSMV 60323 must be accompanied by a certified criminal background check obtained from the Florida Department of Law Enforcement of the authorized wrecker operator or wrecker operator, each principal of the authorized wrecker operator or wrecker operator, each wrecker staff person of the authorized wrecker operator or wrecker operator, and each driver used by the authorized wrecker operator or to be used by the wrecker operator to respond to calls for service. The division may require a wrecker operator to submit new certified criminal background checks for such persons obtained from the Florida Department of Law Enforcement if the certified criminal background checks were obtained more than ninety (90) days prior to the completion of the investigation required pursuant to subsection (4).
4. (d) A wrecker operator may be listed as an authorized wrecker operator only once for a zone and only under the name which the wrecker operator applied to be an authorized wrecker operator pursuant to provisions of this rule chapter. A wrecker operator that is an authorized wrecker operator and is conducting business at one physical location may not use different business entities (i.e., individuals, sole proprietors, corporations, limited liability companies, partnerships, limited partnerships, business associations, or similar entities under common ownership) or fictitious names to operate as an authorized wrecker operator from the same physical place of business in a zone or from different physical places of business in a zone.
5. (e) A wrecker operator may be an authorized wrecker operator in more than one zone but only when the wrecker operator has a separate physical place of business in each zone, one or more separate wreckers and drivers are assigned to the authorized wrecker operator’s physical place of business in each zone, and different individuals manage the day-to-day operations of the authorized wrecker operator’s physical place of business in each zone.
6. (f) Two or more wrecker operators owned, controlled, or operated by the same person, individual or individuals, sole proprietor, corporation, partnership, limited partnership business association, or similar entities with common ownership, may not be authorized wrecker operators in the same zone. When two or more wrecker operators are owned, controlled, or operated by the same person, individual or individuals, sole proprietor, corporation, partnership, limited partnership business association, or similar entities with common ownership, each such separate wrecker operator may be listed as an authorized wrecker operator in different zones but only when each such authorized wrecker operator has a separate physical place of business in each zone, one or more wreckers are assigned only to the authorized wrecker operator’s physical place of business in each zone, and different individuals manage the day-to-day operations of the authorized wrecker operator’s physical place of business in each zone.
(2) When the division establishes a new zone, changes the boundaries of any previously existing zone, or approves an increase in the number of authorized wrecker operators for a zone, a division representative shall investigate each Application For Inclusion on the Wrecker Operator System, form HSMV 60323, which is timely submitted to the division to be an authorized wrecker operator for an affected zone.
(3) To be eligible to apply for inclusion on and to remain on the list of authorized wrecker operators for a zone:
1. (a) A wrecker operator’s physical place of business must be located in that zone.
2. (b) The wrecker operator’s physical place of business must have and maintain:
  1. A sign that identifies the place of business to the public as a wrecker operator establishment and the telephone number for the receipt of telephone calls from the public at that place of business. The sign must be painted with letters of at least four (4) inches in height and placed so that it is clearly visible to the public.
  2. An office sufficient to house the wrecker operator’s business.
  3. Personnel, other than drivers, at the wrecker operator’s physical place of business in the zone from at least 8:00 a.m. to 5:00 p.m., Monday through Friday, except on state holidays, to receive and respond to telephone calls from the public and to serve the public.
  4. A communications system to respond to calls for service and a telephone number to receive telephone calls from the public, available twenty-four hours a day. The telephone number for the place of business must be the same as the telephone number required to be displayed on each wrecker pursuant to paragraph 15B-9.005(8)(f)., F.A.C.
  5. A communications system with telephone, text, and e-mail capabilities necessary to receive and respond to calls for service.
  6. Not fewer than one wrecker and not fewer than one driver that are stationed at the wrecker operator’s physical place of business in the zone.
  7. The ability to accept payments in accordance with Section 713.78(19)(a), Florida Statutes, for all services and storage fees and the ability to provide customers with an invoice meeting the requirements of Section 713.78(20)(c), (d), and (e), Florida Statutes; however, any fee for the use of a credit card or electronic form of payment may not exceed 3 percent of the amount of the payment for all services and storage fees.
  8. Storage facilities satisfying all requirements of Rule 15B-9.011, F.A.C.
3. (c) The wrecker operator shall identify all drivers that the wrecker operator will use, regardless of whether such drivers are an employee, agent, independent contractor, officer, shareholder, member, partner, limited partner, or owner of the wrecker operator, if the wrecker operator is approved as an authorized wrecker operator. A wrecker operator or an authorized wrecker operator, if applicable, shall complete and submit to the division an Application for Approval of Driver(s) for a Wrecker Operator, form HSMV 60322, (Eff. 12/2025), incorporated herein by reference and available at HYPERLINK "http://flrules.org/Gateway/reference.asp?No=Ref-18955"http://flrules.org/Gateway/reference.asp?No=Ref-18955, for each driver who will be used as a driver to respond to calls for service and must receive approval from the division for each such driver prior to the use of a driver to respond to a call for service. When submitted to the division, form HSMV 60322 shall be accompanied by a certified criminal background check obtained within the preceding ninety (90) days from the Florida Department of Law Enforcement for each driver for which approval by the division is sought.
4. (d) 1. The wrecker operator shall maintain, without limitation thereto, the following types of insurance with the minimum limits set forth below in the name of the wrecker operator which shall include coverage for towing and storage. The policy shall be effective throughout the period that the wrecker operator is to be an authorized wrecker operator under these rules:
  1. (I) Fifty thousand dollars ($50,000) per occurrence for a wrecker with a gross vehicle weight of less than 35,000 pounds.
  2. (II) One hundred thousand dollars ($100,000) per occurrence for a wrecker with a gross vehicle weight of 35,000 pounds or more, but less than 44,000 pounds.
  3. (III) Three hundred thousand dollars ($300,000) per occurrence for a wrecker with a gross vehicle weight of 44,000 pounds or more.
    2. The required insurance coverages shall include those classifications that are listed in standard liability manuals, which most nearly reflect the operations of wrecker operators.
    3. All such required insurance policies must have been issued by companies authorized to do business in the State of Florida.
    4. The wrecker operator shall furnish certificates of insurance evidencing the required insurance coverages and a Wrecker Insurance Statement of Compliance, form HSMV 60321, (Eff. 12/2025), incorporated herein by reference and available at HYPERLINK "http://flrules.org/Gateway/reference.asp?No=Ref-18954"http://flrules.org/Gateway/reference.asp?No=Ref-18954, to the troop commander with the wrecker operator’s Application For Inclusion on the Wrecker Operator System, form HSMV 60323, and thereafter thirty (30) days prior to the expiration date of the insurance policy for each type of required insurance coverage. The certificates shall clearly indicate that the wrecker operator has obtained insurance of the type, amount, and classifications required for compliance with this rule and that no material change or cancellation of the insurance shall be effective without thirty (30) days prior written notice to the division. Upon failure of an authorized wrecker operator to provide proof of insurance, as required by this paragraph, the division shall provide notice to the authorized wrecker operator pursuant to Notice of Non-Compliance (Insurance Requirements), form HSMV 60320 (Eff. 12/2025), incorporated herein by reference and available at HYPERLINK "http://flrules.org/Gateway/reference.asp?No=Ref-18953"http://flrules.org/Gateway/reference.asp?No=Ref-18953, of its non-compliance.
  a. Worker’s compensation and employer’s liability insurance, in the amounts required by Florida law.
  b. Garage liability insurance in an amount not less than $300,000 combined single limit liability.
  c. Garage keeper’s legal liability insurance in an amount not less than $50,000 for each loss, covering perils of fire and explosion; theft of a vehicle, its parts or contents; riot and civil commotion; vandalism; malicious mischief; and damage to a vehicle in tow.
  d. The following minimum levels of combined bodily injury liability insurance and property damage liability insurance required by Section 627.7415, F.S., in addition to any other insurance requirements as required by this rule:
(4) The division shall investigate each wrecker operator that has submitted an application to be an authorized wrecker operator for a zone pursuant to paragraph (3) and the investigation shall include all the following:
1. (a) A review of the criminal history of the wrecker operator, each principal of the wrecker operator, each wrecker staff person of the wrecker operator, and each driver the wrecker operator will use to respond to calls for service, if the wrecker operator is approved as an authorized wrecker operator;
2. (b) A determination that all drivers that the wrecker operator will use, regardless of whether such drivers are an employee, agent, independent contractor, officer, shareholder, member, partner, limited partner, or owner of the wrecker operator, possess a current and valid REAL-ID-compliant driver license issued by the department required to operate the type of wrecker or types of wreckers that each driver will operate; and
3. (c) A review of the driver license record of each driver that the wrecker operator will use to operate wreckers, regardless of whether such person is an employee, agent, independent contractor, officer, shareholder, member, partner, limited partner, or owner of the wrecker operator;
4. (d) An inspection of each wrecker which the wrecker operator will use to respond to calls for service for compliance with Rule 15B-9.005, F.A.C., if the wrecker operator is approved as an authorized wrecker operator;
5. (e) A review of the wrecker operator’s compliance with the insurance requirements of this rule chapter and Florida law by the wrecker operator, each wrecker, and each driver, if the wrecker operator is approved as an authorized wrecker operator;
6. (f) A review of the wrecker operator’s current and valid Business Tax receipt stating the name of the wrecker operator and the address of the wrecker operator’s business location in the zone in which the wrecker operator will operate;
7. (g) A review to determine that the wrecker operator, if other than a natural person or a partnership, is authorized to do business in the state of Florida;
8. (h) An inspection of the wrecker operator’s physical place of business in the zone for compliance with the requirements of this rule chapter;
9. (i) Testing the wrecker operator’s communications system to verify that the wrecker operator’s communications system is capable of receiving calls for service to the wrecker operator;
10. (j) Verifying that the wrecker operator has a telephone number for calls from the public that will be answered at the wrecker operator’s physical place of business in the zone; and
11. (k) An inspection of the wrecker operator’s vehicle storage facilities in the zone for compliance with the requirements of this rule chapter;
12. (l) A determination that the wrecker operator has complied with Section 448.095(2), Florida Statutes, relating to the use of the E-Verify System, if the wrecker operator is required to do so.
  The investigator shall, at the conclusion of the investigation, make a report of his or her findings, weigh and describe the prior experience in the wrecker business, equipment, and storage facilities, of each wrecker operator that has submitted an application and is being considered to be an authorized wrecker operator in the zone, and make a recommendation to the troop commander in writing relating to the wrecker operator’s application, and specifically addressing whether the wrecker operator, any principal of the wrecker operator, any wrecker staff person of the wrecker operator, or any driver that the wrecker operator would use, is not reputable.
(5) Thereafter, the troop commander shall make a written recommendation to the division whether a wrecker operator should be approved or denied for inclusion on the list of authorized wrecker operators for a zone. The troop commander must recommend the denial of a wrecker operator’s application for inclusion on the list of authorized wrecker operators for a zone if the wrecker operator, a principal of the wrecker operator, any wrecker staff person of the wrecker operator, or any driver the wrecker operator would use, is not reputable.
(6) The division director, or his or her designee, on behalf of the division shall enter a final order determining whether a wrecker operator is approved or denied for inclusion in the wrecker operator system for a zone, based upon Rules 15B-9.003, 15B-9.0031, 15B-9.0032, 15B-9.005, 15B-9.006, 15B-9.007, and 15B-9.011, F.A.C.
(7) The division shall deny a wrecker operator’s application for inclusion on the list of authorized wrecker operators for a zone if the:
1. (a) Wrecker operator fails to meet or comply with any provisions of this rule chapter;
2. (b) Wrecker operator fails to maintain any local or state license required for the operation of a wrecker service; or
3. (c) Wrecker operator, any principal of the wrecker operator, any wrecker staff person of the wrecker operator, or any driver the wrecker operator will use, is not reputable.
(8) An authorized wrecker operator may not lease, assign, transfer, pledge, surrender or otherwise encumber or dispose of her or his approval as an authorized wrecker operator under these rules or the authorized wrecker operator’s place on the list of authorized wrecker operators for a zone. A replacement or successor operator must be approved under these rules before being placed in the wrecker operator system. If an authorized wrecker operator transfers ownership to another person or wrecker operator, the new owner must:
1. (a) Submit a completed Application For Inclusion on the Wrecker Operator System, form HSMV 60323, and meet all of the requirements of subsection (3) of this rule;
2. (b) Be inspected in accordance with the requirements of subsection (4) of this rule; and
3. (c) Be approved by the troop commander and the division director pursuant to subsections (5) and (6) of this rule.
(9) An authorized wrecker operator may not represent or imply on or in any vehicle, building, advertisement, social media, correspondence, or any other location or media that the authorized wrecker operator has or maintains any official relationship with the division.

Rulemaking Authority 321.051 FS. Law Implemented 321.051, 321.05(1) FS. History–New 1-6-26.