1. (1) Violation of or failure to comply with any provision of this rule chapter by a wrecker operator seeking to be an authorized wrecker operator for a zone, including by a principal of the wrecker operator or a driver that the wrecker operator would use, shall be grounds for denial of the wrecker operator’s application to be an authorized wrecker operator.
2. (2) Notwithstanding any other provisions of this rule, a wrecker operator, a principal of a wrecker operator, a wrecker staff person of a wrecker operator, or a driver that the wrecker operator would use, that is not reputable shall result in the denial of the wrecker operator’s application to be an authorized wrecker operator.
3. (3) Except as otherwise provided in this rule, violation of or failure to comply with any provision of this rule chapter by an authorized wrecker operator shall be grounds for the removal or suspension of the authorized wrecker operator from the wrecker operator system or, if the violation or failure to comply relates only to an authorized wrecker operator in only one zone, from the list of authorized wrecker operators for that zone.
4. (4) Except as otherwise provided in this rule, violation of or failure to comply with any provision of this rule chapter by a driver for an authorized wrecker operator shall be grounds for the removal or suspension of the authorized wrecker operator from the wrecker operator system or, if the violation or failure to comply relates only to the authorized wrecker operator in one zone, from the list of authorized wrecker operators for that zone.
5. (5) Notwithstanding any other provisions of this rule, an authorized wrecker operator, a principal of an authorized wrecker operator, a wrecker staff person of an authorized wrecker operator, or a driver for an authorized wrecker operator, that is not reputable shall result in removal of the authorized wrecker operator from the wrecker operator system or, if the person who is not reputable is affiliated with the authorized wrecker operator in only one zone, from the list of authorized wrecker operators for that zone, unless the authorized wrecker operator, upon becoming aware that such person is not reputable, terminates its business association with, employment of, and business relationship with the person who is not reputable.

6. (6) Violations of the following offenses shall result in a letter of warning issued by the division for the first offense; a 30-day suspension from the wrecker operator system or, if the authorized wrecker operator operates in more than one zone, from the list of authorized wrecker operators for the zone in which the violation occurred for a second offense within 3 years of the first offense; and removal from the wrecker operator system or, if the authorized wrecker operator operates in more than one zone, from the list of authorized wrecker operators for the zone in which the violation occurred for a third or subsequent offense within 5 years from the first offense:

   1. (a) Chasing or running wrecks in a zone without a call for service.
   2. (b) Solicitation.
   3. (c) Failure to provide service three times within thirty (30) days.
   4. (d) Inability to properly operate the wrecker at the scene following a call for service without causing damage or additional damage to a vehicle.
   5. (e) Any charge, demand, or request by an authorized wrecker operator of a rate which exceeds the applicable maximum rate established pursuant to Rule 15B-9.010, F.A.C.
7. (7) Removal of a wrecked, disabled or abandoned vehicle without investigation or clearance by the investigating trooper or by a law enforcement agency shall result in a 30-day suspension from the wrecker operator system or, if the authorized wrecker operator operates in more than one zone, from the list of authorized wrecker operators for the zone in which the violation occurred for a first offense; and removal from the wrecker operator system or, if the authorized wrecker operator operates in more than one zone, from the list of authorized wrecker operators for the zone in which the violation occurred for a second or subsequent offense within 3 years of the first offense.

8. (8) If a wrecker of an authorized wrecker operator is inspected by the division and fails to meet the requirements of Rule 15B-9.005, F.A.C., the following action shall be taken:

   1. (a) The failed wrecker shall be immediately suspended until such time as the wrecker passes inspection by the division and is approved for use on the wrecker operator system. The operation of a wrecker that has failed to meet the requirements of Rule 15B-9.005, F.A.C., is an immediate serious danger to the public health, safety or welfare requiring the immediate suspension of the wrecker. The continued use by an authorized wrecker operator of a wrecker that has failed to meet the requirements of Rule 15B-9.005, F.A.C., and that has been suspended, to respond to calls for service shall constitute grounds for the emergency suspension of an authorized wrecker operator using that wrecker from the wrecker operator system.
   2. (b) If the suspended wrecker is the only wrecker maintained by the authorized wrecker operator which has been approved by the division for the wrecker’s class and zone, the authorized wrecker operator shall be suspended immediately by the division from the list of authorized wrecker operators in the zone and for the wrecker class. The suspension shall continue until such time as the wrecker successfully passes inspection and is approved for use, or the authorized wrecker operator is removed from the list of authorized wrecker operators in the zone for the failure of the wrecker to pass inspection. The authorized wrecker operator must correct the deficiencies with the wrecker and request that the division re-inspect the wrecker not later than 30 days from the date of the suspension. If the wrecker has not been re-inspected and approved by the division within that 30 day period, the authorized wrecker operator shall be removed from the list of authorized wrecker operators in the zone.

9. (9) Insurance Coverage: If an authorized wrecker operator’s insurance policy is canceled, not renewed, or fails to meet the requirements of paragraph 15B-9.0031(3)(d), F.A.C.:

   1. (a) The authorized wrecker operator shall be immediately suspended by the division from the wrecker operator system or, if the authorized wrecker operator operates in more than one zone, from the list of authorized wrecker operators for the zone to which the insurance cancellation, nonrenewal, or failure to meet said requirements relates. The use of a wrecker by an authorized wrecker operator without the insurance coverage required by these rules is an immediate serious danger to the public health, safety or welfare requiring the immediate suspension of the wrecker operator. The continued use by an authorized wrecker operator of a wrecker without the insurance coverage required by these rules shall constitute grounds for the removal of the authorized wrecker operator from the wrecker operator system or, if the authorized wrecker operator operates in more than one zone, from the list of authorized wrecker operators for the zone to which the insurance cancellation, nonrenewal, or failure to meet such requirements relates.
   2. (b) If the required insurance coverage is not obtained and provided to the division on the Wrecker Insurance Statement of Compliance form HSMV 60321 within 30 calendar days of the suspension pursuant to paragraph (a), the authorized wrecker operator shall be removed from the wrecker operator system.
10. (10) Once an authorized wrecker operator has been suspended 30 days or has been removed from the list of authorized wrecker operators for a zone, the authorized wrecker operator must make a new application for inclusion on the list of authorized wrecker operators for that zone, if a vacancy exists on the list of authorized wrecker operators for that zone.
11. (11) Authorized wrecker operators are responsible for complying with any applicable federal, state, county or city laws, rules or regulations regarding the removal, towing, recovery, storage and notification of owners and lien holders. Authorized wrecker operators shall maintain all local or state licenses required for the operation of an authorized wrecker operator’s business within the zone or zones in which the authorized wrecker operator provides service. If a required license is not obtained and provided to the division within 30 days of the date of cancellation or expiration of such license, the authorized wrecker operator shall be removed from the list of authorized wrecker operators for the zone or zones to which such license relates.

Rulemaking Authority 321.051, 120.80(8) FS. Law Implemented 321.051, 321.05(1) FS. History–New 1-22-86, Formerly 15B-9.07, Amended 10-15-92, 1-6-26.