Fla. Admin. Code Ann. R. 15B-9.007 - Grounds for Denial of Inclusion on, or Removal or Suspension from, Rotation List

(1) Violation of any provision of these rules by a wrecker operator shall be grounds for denial of inclusion on or removal or suspension from, the rotation list.

(2) Violations of the following offenses shall result in a letter of warning from the division's district commander for the first offense, 30 days suspension for a second offense within 3 years, and removal for a third or subsequent offense within 5 years from the first offense:

(a) Chasing or running wrecks in a zone without proper call from the division.

(b) Solicitation.

(c) Failure to answer a call three times within a calendar month.

(d) Inability to properly operate the tow truck in the removal of disabled vehicles or to remove a vehicle without causing additional damage.

(e) Any charge, demand, or request by a wrecker operator of a rate which exceeds the maximum rate established by the Division.

(3) Removal of a wrecked, disabled or abandoned vehicle without investigation or clearance by a proper law enforcement agency shall result in 30 days suspension for a first offense and removal for a second or subsequent offense within 3 years.

(4) Lack of reputability of a wrecker operator shall result in removal from the rotation wrecker list. For the purpose of this rule, lack of reputability shall mean that the division cannot trust the wrecker operator to safeguard the welfare and property of the public. Lack of reputability shall include, but not be limited to, the following:

(a) Conviction of any felony without restoration of the person's civil rights.

(b) Conviction of any felony or first degree misdemeanor directly related to the business of operating a wrecker, regardless of whether civil rights have been restored. For the purpose of this rule, any offense involving perjury or false statement shall be considered to be directly related to the business of operating a wrecker.

(c) Responding to a call while under the influence of alcohol or any controlled substance or chemical substance.

(5) If a wrecker unit is inspected and fails to meet the requirements of Rule 15B-9.005, F.A.C., the following action shall be taken:

(a) The failed wrecker unit shall be immediately suspended from the list by the division, pursuant to "Notice of Emergency Suspension and Administrative Complaint (Inspection)", form HSMV 60310, until such time as it passes inspection and is approved for use. The operation of a non-qualified wrecker unit is declared to be an immediate serious danger to the public health, safety or welfare requiring the immediate suspension of the wrecker unit. The continued use of a suspended wrecker unit shall constitute grounds for the emergency suspension of the wrecker operator.

(b) In the event this is the only wrecker unit maintained by the operator which has been approved by the division for its class and zone of operation, the wrecker operator shall be suspended immediately by the Division from the list in the zone and for the class. The Division shall issue a "Notice of Emergency Suspension and Administrative Complaint (Inspection)", form HSMV 60310 to effect the suspension. The suspension shall continue until such time as the wrecker successfully passes inspection and is approved for use, or the wrecker operator is removed from the list for failure to pass inspection. The wrecker operator must correct the deficiencies and request to have the wrecker unit re-inspected within 30 days from the date of the suspension. If the wrecker unit has not been re-inspected and approved within the 30 day period, the wrecker operator shall be removed from the list.

(6) Insurance Coverage: If the wrecker operator's insurance policy is canceled or not renewed according to the requirements of Rule 15B-9.006, F.A.C.:

(a) The wrecker operator shall be immediately suspended from the list by the division. Form HSMV 60309 "Notice of Emergency Suspension and Administrative Complaint (Insurance)" shall be issued by the Division. The use of a wrecker by a wrecker operator who does not maintain the insurance coverage required by these rules is declared to be an immediate serious danger to the public health, safety or welfare requiring the immediate suspension of the wrecker operator.

(b) If the required insurance coverage is not obtained and provided to the division on the Statement of Compliance form HSMV 60313 within 30 calendar days of the date of cancellation or expiration, the wrecker operator shall be removed from the list.

(7) Once a wrecker operator has been suspended for more than 30 days or removed from the list the wrecker operator must make a new application for retention or inclusion on the list.

(8) 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. Wrecker operators shall maintain any local or state license required for the operation of a wrecker service. If the required license is not obtained and provided to the division within 30 days of the date of cancellation or expiration, the wrecker operator shall be removed from the list.

Notes

Fla. Admin. Code Ann. R. 15B-9.007

Rulemaking Authority 321.051, 120.60(8) FS. Law Implemented 321.051, 321.05(1) FS.

New 1-22-86, Formerly 15B-9.07, Amended 10-15-92.

New 1-22-86, Formerly 15B-9.07, Amended 10-15-92.