1. (1) Each authorized wrecker operator shall provide storage facilities which shall be maintained at the authorized wrecker operator’s physical place of business. These facilities must be fenced and locked for the protection of vehicles and property stored by the authorized wrecker operator. “No Trespassing” signs shall be posted on each side along and on the outside perimeter of the fence at least every one hundred (100) feet.
2. (2) The authorized wrecker operator shall provide storage for all impounded or towed wrecked, disabled, or abandoned vehicles in the outside storage area unless specific written instructions are given for inside storage by the trooper who directed that the vehicle be impounded or the vehicle’s owner or operator. If required for investigative purposes by the investigating trooper or the division, the authorized wrecker operator shall move the vehicle(s) to a designated area for processing prior to storage. In such instance, the division will not authorize release of the impounded vehicle until the vehicle’s owner or operator have paid all lawful charges due to the authorized wrecker operator.
3. (3) An authorized wrecker operator shall not change the type of storage facility (inside or outside) afforded a wrecked, disabled, or abandoned vehicle without written permission from the troop commander, or his or her designee. An authorized wrecker operator shall not change the storage facility location for a wrecker, disabled, or abandoned vehicle without first obtaining written permission from the troop commander, or her or his designee.
4. (4) Except when a vehicle is subject to a hold, the registered owner of a vehicle, lienholders, insurance company representatives, or their agents, whose interest in the vehicle is evidenced by any of the documents listed in Section 713.78(17), Florida Statutes, shall be permitted to inspect or photograph stored vehicles during the hours of 8:00 a.m. to 5:00 p.m., Monday through Friday, except state holidays.
5. (5) All fencing shall be chain-link or solid-wall type, at least 6 feet high, to discourage theft of any vehicle or any property being stored inside. All storage facilities shall be illuminated with lighting of sufficient intensity to reveal persons and vehicles at a distance of at least 150 feet during nighttime.
6. (6) Permanent inside storage facilities must be available for 24-hour storage when weather or other conditions require inside storage for the protection of the vehicle or personal property. A lean-to, tent or shed does not meet the requirements of this section. Inside storage must be within a weather-tight building.
7. (7) (a) A minimum of 25 storage spaces with 3 inside storage spaces must be available. Authorized wrecker operators who have been on the wrecker operator system since April 15, 1992, may continue on the wrecker operator system without regard to the minimum storage spaces required herein, so long as all other applicable provisions of these rules are met.
8. (b) Service bays or repair bays do not qualify as inside storage, nor does any area that is utilized for any activity other than serving as a permanent inside storage area, when vehicles are actually stored inside at the request of a law enforcement agency or the owner of a vehicle.
9. (8) Wrecker operators shall comply with hold orders placed by the investigating trooper, the troop commander, or his or her designee, or the division, including any instructions for inside or outside storage. Hold orders may be released only when authorized by the investigating trooper, the troop commander, or his or her designee, or the division. The division will notify a wrecker operator in writing within five (5) days, excluding state holidays and weekends, when a hold is to extend beyond five (5) days in accordance with Section 323.001, Florida Statutes.
10. (9) (a) Vehicles which have been involved in a fatality or a criminal offense and have been sealed by the investigating trooper shall remain intact and sealed until the seals are removed by the investigating trooper, the troop commander, or his or her designee, or the division. No vehicle and no property of any kind related to or associated with such a vehicle shall be released to anyone without written authorization from the investigating trooper, the troop commander, or his or her designee, or the division.
11. (b) If no fatality or criminal offense occurred involving a vehicle, then the vehicle and any property related to or associated with the vehicle may be released by the wrecker operator to the registered owner, lienholders, insurance company representatives, or their agents, whose interest in the vehicle is evidenced by any of the documents listed in Section 713.78(17), Florida Statutes, only after any hold order has been released in writing by the investigating trooper, the troop commander, or his or her designee, or the division.
12. (10) (a) A copy of a vehicle inventory prepared by the investigating trooper, the troop commander, or his or her designee, or the division, of all personal property found in a wrecked, disabled or abandoned vehicle shall be provided to the wrecker operator.
13. (b) Except when a vehicle is subject to a hold order and except as provided in paragraph (9)(a), the wrecker operator shall permit the removal of such personal property by the registered vehicle owner, or his or her agents, whose interest in the vehicle is evidenced by any of the documents listed in Section 713.78(17), Florida Statutes. The wrecker operator shall obtain a receipt signed by the registered vehicle owner, or his or her agents, whose interest in the vehicle is evidenced by any of the documents listed in Section 713.78(17), Florida Statutes, listing and describing each article of personal property removed by the registered vehicle owner or his or her agent when the removed personal property is specifically listed in the vehicle inventory required pursuant to paragraph (10)(a), concurrent with the release of such personal property.
14. (c) As used in this rule, “personal property” shall be defined as any item not affixed to the vehicle which was in the vehicle at the time of the vehicle’s removal by the wrecker operator.
15. (11) Wrecker operators shall exercise reasonable care and control of vehicles removed by them, vehicle parts, and personal property located in such vehicles while in their custody, under their protection, or while in storage by them.
16. (12) During the hours from 8:00 a.m. to 5:00 p.m., Monday through Friday, except on state holidays, authorized wrecker operators must have personnel at the authorized wrecker operator’s physical place of business in the zone so that personal property may be removed from the vehicle or the vehicle may be released in accordance with this rule.
17. (13) Should it become necessary that personal property be removed from a vehicle or a vehicle be released when the storage facility is not staffed, the wrecker operator will be required to do so.

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