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Florida Statute 323.002 - Full Text and Legal Analysis
Florida Statute 323.002 | Lawyer Caselaw & Research
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The 2025 Florida Statutes

Title XXIII
MOTOR VEHICLES
Chapter 323
WRECKER OPERATORS
View Entire Chapter
323.002 County and municipal wrecker operator systems; penalties for operation outside of system.—
(1) As used in this section, the term:
(a) “Authorized wrecker operator” means any wrecker operator who has been designated as part of the wrecker operator system established by the governmental unit having jurisdiction over the scene of a wrecked or disabled vehicle.
(b) “Unauthorized wrecker operator” means any wrecker operator who has not been designated as part of the wrecker operator system established by the governmental unit having jurisdiction over the scene of a wrecked or disabled vehicle.
(c) “Wrecker operator system” means a system for the towing or removal of wrecked, disabled, or abandoned vehicles, similar to the Florida Highway Patrol wrecker operator system described in s. 321.051(2), under which a county or municipality contracts with one or more wrecker operators for the towing or removal of wrecked, disabled, or abandoned vehicles from accident scenes, streets, or highways. A wrecker operator system shall include using a method for apportioning the towing assignments among the eligible wrecker operators through the creation of geographic zones, a rotation schedule, or a combination of these methods.
(2) In any county or municipality that operates a wrecker operator system:
(a) It is unlawful for an unauthorized wrecker operator or its employees or agents to monitor police radio for communications between patrol field units and the dispatcher in order to determine the location of a wrecked or disabled vehicle for the purpose of driving by the scene of such vehicle in a manner described in paragraph (b) or paragraph (c). Any person who violates this paragraph commits a noncriminal violation, punishable as provided in s. 775.083, and the person’s wrecker, tow truck, or other motor vehicle that was used during the offense may be immediately removed and impounded pursuant to subsection (3).
(b) It is unlawful for an unauthorized wrecker operator to drive by the scene of a wrecked or disabled vehicle before the arrival of an authorized wrecker operator, initiate contact with the owner or operator of such vehicle by soliciting or offering towing services, and tow such vehicle. Any person who violates this paragraph commits a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083, and the person’s wrecker, tow truck, or other motor vehicle that was used during the offense may be immediately removed and impounded pursuant to subsection (3).
(c) When an unauthorized wrecker operator drives by the scene of a wrecked or disabled vehicle and the owner or operator initiates contact by signaling the wrecker operator to stop and provide towing services, the unauthorized wrecker operator must disclose in writing to the owner or operator of the vehicle his or her full name and driver license number, that he or she is not the authorized wrecker operator who has been designated as part of the wrecker operator system, that the motor vehicle is not being towed for the owner’s or operator’s insurance company or lienholder, whether he or she has in effect an insurance policy providing at least $300,000 of liability insurance and at least $50,000 of on-hook cargo insurance, and the maximum charges for towing and storage which will apply before the vehicle is connected to the towing apparatus. The unauthorized wrecker operator must also provide a copy of the disclosure to the owner or operator in the presence of a law enforcement officer if such officer is at the scene of a motor vehicle accident. Any person who violates this paragraph commits a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083, and the person’s wrecker, tow truck, or other motor vehicle that was used during the offense may be immediately removed and impounded pursuant to subsection (3).
(d) At the scene of a wrecked or disabled vehicle, it is unlawful for a wrecker operator to falsely identify himself or herself as being part of the wrecker operator system. Any person who violates this paragraph commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083, and the person’s wrecker, tow truck, or other motor vehicle that was used during the offense may be immediately removed and impounded pursuant to subsection (3).
(3)(a) A law enforcement officer from any local governmental agency or state law enforcement agency may cause to be immediately removed and impounded from the scene of a wrecked or disabled vehicle, at the unauthorized wrecker operator’s expense, any wrecker, tow truck, or other motor vehicle that is used in violation of any provision of subsection (2). The impounded wrecker, tow truck, or other motor vehicle must be stored at an authorized law enforcement impound yard. The unauthorized wrecker operator shall be assessed a cost recovery fine as provided in paragraph (b) by the authority that ordered the immediate removal and impoundment of the wrecker, tow truck, or other motor vehicle. A wrecker, tow truck, or other motor vehicle that is removed and impounded pursuant to this section may not be released from an impound or towing and storage facility before a release form is completed by the authority that ordered the immediate removal and impoundment of the wrecker, tow truck, or other motor vehicle which verifies that the cost recovery fine has been paid to the authority. The vehicle must remain impounded until the fine is paid or until the vehicle is sold at public sale pursuant to s. 713.78.
(b) Notwithstanding any other provision of law, the unauthorized wrecker operator, upon retrieval of the wrecker, tow truck, or other motor vehicle removed or impounded pursuant to this section, and in addition to any other penalties that may be imposed for noncriminal violations, shall pay a cost recovery fine of $500 for a first violation of subsection (2), or a fine of $1,000 for each subsequent violation of subsection (2), to the authority that ordered the immediate removal and impoundment of the wrecker, tow truck, or other motor vehicle. Cost recovery funds collected under this subsection shall be retained by the authority that ordered the removal and impoundment of the wrecker, tow truck, or other motor vehicle and may be used only for the enforcement, investigation, prosecution, and training related to towing violations and crimes involving motor vehicles.
(c) Notwithstanding any other provision of law and in addition to the cost recovery fine required by this subsection, a person who violates any provision of subsection (2) shall pay the fees associated with the removal and storage of the unauthorized wrecker, tow truck, or other motor vehicle.
(4)(a) Except as provided in paragraph (b), a county or municipality may not adopt or maintain in effect an ordinance or rule that imposes a charge, cost, expense, fine, fee, or penalty on an authorized wrecker operator, the registered owner or other legally authorized person in control of a vehicle or vessel, or the lienholder of a vehicle or vessel when the vehicle or vessel is towed by an authorized wrecker operator under this chapter.
(b) A county or municipality may adopt or maintain an ordinance or rule that imposes a reasonable administrative fee or charge on the registered owner or other legally authorized person in control of a vehicle or vessel that is towed by an authorized wrecker operator, not to exceed 25 percent of the maximum towing rate, to cover the cost of enforcement, including parking enforcement, by the county or municipality when the vehicle or vessel is towed from public property. An authorized wrecker operator or towing business may impose and collect the administrative fee or charge on behalf of the county or municipality and shall remit such fee or charge to the county or municipality only after it is collected.
(5) Subsection (4) does not apply to the towing or immobilization licensing, regulatory, or enforcement program of a charter county described in s. 125.01047(3) or (4). Such charter county may impose a charge, cost, expense, fine, fee, or penalty on an authorized wrecker operator in connection with a violation of the towing or immobilization program requirements as set forth by ordinance, resolution, or regulation.
(6) This section does not prohibit, or in any way prevent, the owner or operator of a vehicle involved in an accident or otherwise disabled from contacting any wrecker operator for the provision of towing services, whether the wrecker operator is an authorized wrecker operator or not.
History.—s. 3, ch. 98-324; s. 73, ch. 2012-181; s. 65, ch. 2013-160; s. 62, ch. 2014-17; s. 37, ch. 2014-216; s. 5, ch. 2020-174.

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Amendments to 323.002


Annotations, Discussions, Cases:

Arrestable Offenses / Crimes under Fla. Stat. 323.002
Level: Degree
Misdemeanor/Felony: First/Second/Third

S323.002 2b - PUBLIC ORDER CRIMES - UNLAWFUL WRECKER SVC SOLICITING BUSN AT SCENE - M: S
S323.002 2c - FRAUD - FAIL DISCLOSE ID AUTH WRECKER AT SC OF WRECK - M: S
S323.002 2d - FRAUD-IMPERSON - GIVE FALSE ID AS BEING AUTH WRECKER - M: F

Cases Citing Statute 323.002

Total Results: 24  |  Sort by: Relevance  |  Newest First

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United States v. William R. Lambert, Lucille H. Lambert, & Richard Angel, Individually & D/B/A S. Seafood Co. Of Florida, 695 F.2d 536 (11th Cir. 1983).

Cited 142 times | Published | Court of Appeals for the Eleventh Circuit | 13 Envtl. L. Rep. (Envtl. Law Inst.) 20436, 18 ERC (BNA) 1709, 1983 U.S. App. LEXIS 31394, 18 ERC 1709

and fill material and their discharge. 33 C.F.R. § 323.2(k)-(n) (1981). The Secretary of the Army, acting
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Ellison v. City of Fort Lauderdale, 183 So. 2d 193 (Fla. 1966).

Cited 28 times | Published | Supreme Court of Florida

Laws of Fla., 1957, Spec. Acts, Ch. 57-1322, § 323. [2] Fla. 1964, 164 So.2d 208. [3] Dresner v. City
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United States v. Weisman, 489 F. Supp. 1331 (M.D. Fla. 1980).

Cited 27 times | Published | District Court, M.D. Florida | 17 ERC 1580, 10 Envtl. L. Rep. (Envtl. Law Inst.) 20698, 17 ERC (BNA) 1580, 1980 U.S. Dist. LEXIS 17339

of food, fiber, and forest products. 33 C.F.R. § 323.2(m) and (n) (emphasis added). As previously stated
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United States v. John v. Tilton, Brenda Tilton & I.T.T. Rayonier, Inc., 705 F.2d 429 (11th Cir. 1983).

Cited 15 times | Published | Court of Appeals for the Eleventh Circuit | 13 Envtl. L. Rep. (Envtl. Law Inst.) 20583, 19 ERC (BNA) 1109, 1983 U.S. App. LEXIS 27546, 19 ERC 1109

like are “adjacent wetlands.” 33 C.F.R. § 323.2 (emphasis added). It may be that the extravagant
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State v. White, 194 So. 2d 601 (Fla. 1967).

Cited 12 times | Published | Supreme Court of Florida

permit to do so, contrary to the provisions of Section 323.02, Florida Statutes of 1951, F.S.A. This section
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United States v. Robinson, 570 F. Supp. 1157 (M.D. Fla. 1983).

Cited 9 times | Published | District Court, M.D. Florida | 20 ERC 1181, 14 Envtl. L. Rep. (Envtl. Law Inst.) 20056, 20 ERC (BNA) 1181, 1983 U.S. Dist. LEXIS 14286

"fill material" are further defined in 33 C.F.R. § 323.2(k)-(n) (1982), which defines "fill material" as
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United States v. Lambert, 589 F. Supp. 366 (M.D. Fla. 1984).

Cited 7 times | Published | District Court, M.D. Florida | 21 ERC 1138, 14 Envtl. L. Rep. (Envtl. Law Inst.) 20588, 21 ERC (BNA) 1138, 1984 U.S. Dist. LEXIS 15995

defendants' wetlands are "adjacent" for purposes of Section 323.2(a)(2), 33 C.F.R. (1980). There is no substantial
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Marcus Conant v. United States, 786 F.2d 1008 (11th Cir. 1986).

Cited 7 times | Published | Court of Appeals for the Eleventh Circuit | 16 Envtl. L. Rep. (Envtl. Law Inst.) 20453, 24 ERC (BNA) 1343, 1986 U.S. App. LEXIS 22082, 24 ERC 1343

to tributaries to navigable waters. 33 C.F.R. § 323.2(a)(3) (1985). “Wetlands” means “those areas that
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Sierra Club v. United States Army Corps of Engineers, 464 F. Supp. 2d 1171 (M.D. Fla. 2006).

Cited 5 times | Published | District Court, M.D. Florida | 36 Envtl. L. Rep. (Envtl. Law Inst.) 20236, 64 ERC (BNA) 1809, 2006 U.S. Dist. LEXIS 85132, 2006 WL 3365609

involving the proposed discharge(s)." 33 C.F.R. § 323.2(g). An individual permit applicant provides the
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Atl. Truck Lines, Inc. v. Kersey, 387 So. 2d 411 (Fla. 2d DCA 1980).

Cited 5 times | Published | Florida 2nd District Court of Appeal

attorney referred the court's attention to Section 323.02, Florida Statutes (1975), which provided that
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Brack v. Carter, 37 So. 2d 89 (Fla. 1948).

Cited 1 times | Published | Supreme Court of Florida | 160 Fla. 845, 1948 Fla. LEXIS 941

the public highways of Florida as required by Section 323.02, F.S.A. The defendant, Brack, it is alleged
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Sierra Club v. United States Army Corps of Engineers, 399 F. Supp. 2d 1335 (M.D. Fla. 2005).

Cited 1 times | Published | District Court, M.D. Florida | 35 Envtl. L. Rep. (Envtl. Law Inst.) 20232, 62 ERC (BNA) 1038, 2005 U.S. Dist. LEXIS 27640, 2005 WL 3019264

regulatory control" between agencies. See 33 C.F.R. § 323.2(h). Moreover, even if the Court were to consider
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World Holdings, LLC v. Fed. Repub. of Germany, 794 F. Supp. 2d 1305 (S.D. Fla. 2011).

Cited 1 times | Published | District Court, S.D. Florida | 2011 WL 2217495

(quoting Restatement (Third) of Foreign Relations, Section 323(2))). World Holdings states it was the intent
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Tamiami Trail Tours, Inc. v. Bevis, 316 So. 2d 257 (Fla. 1975).

Cited 1 times | Published | Supreme Court of Florida

or in charter carriage as herein defined." Section 323.02, Florida Statutes, provides that no "motor
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State ex rel. Florida R.R. & Pub. Utils. Comm'n v. Ingalls, 106 So. 2d 570 (Fla. Dist. Ct. App. 1958).

Published | District Court of Appeal of Florida | 27 P.U.R.3d 55

warrant charged in substance that he was violating -§ 323.02, Fla.Stat.1957, F.S.A. On a habeas corpus hearing
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Field v. Perry, 564 So. 2d 504 (Fla. Dist. Ct. App. 1990).

Published | District Court of Appeal of Florida | 1990 Fla. App. LEXIS 3918, 1990 WL 71770

. The federal list of plants is in 33 C.F.R. § 323.2(a)(3). The state list of plants was originally
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Moldan v. First Nat'l Bank, 174 So. 2d 780 (Fla. Dist. Ct. App. 1965).

Published | District Court of Appeal of Florida | 1965 Fla. App. LEXIS 4137

Reversed and remanded. . Restatement (Second) Agency § 323(2) (1957). . id. Comment a. . Fla.1957, 95 So
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Petroleum Carrier Corp. v. Silco Petroleum Carrier, Inc., 312 So. 2d 457 (Fla. 1st DCA 1975).

Published | Florida 1st District Court of Appeal | 1975 Fla. App. LEXIS 16269

Jacksonville, Florida, in alleged violation of § 323.02, Florida Statutes, which provides: “No motor carrier
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Driver's Dispatch, Inc. v. Florida R.R. & Pub. Utils. Comm'n, 166 So. 2d 899 (Fla. Dist. Ct. App. 1964).

Published | District Court of Appeal of Florida

Public Utilities Commission, as required by Section 323.02 and subsequent sections of the statutes. Both
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Rebel Enter., Inc. v. Palm Beach Sheriff, 299 F.3d 1261 (11th Cir. 2002).

Published | Court of Appeals for the Eleventh Circuit | 2002 U.S. App. LEXIS 15459, 2002 WL 1765092

...lant, Rebel Enterprises, Inc., a motor vehicle wrecker operator, when it sought injunctive relief and damages from the Sheriff of Palm Beach County after the Sheriff began threatening to arrest appellant’s employees for violations of Fla. Stat. § 323.002 (1999), which regulates certain tow truck activities. The district court denied relief and, on appeal, a preemption issue has been the centerpiece of the efforts of counsel, including the Attorney General of the State of Florida...
...Honorable David D. Dowd, Jr., U.S. District Judge for the Northern District of Ohio, sitting by designation. 1 In its brief, the State has indicated a fourfold interest in the outcome of this case: (1) the validity of its law, i.e., Fla. Stat. § 323.002; (2) the safety of its roadways; (3) its right to delegate regulatory authority to local government; and (4) preservation of the Florida Highway Patrol’s wrecker operator system, which is nearly identical to the appellee’s system....
...“wreck chasing.”2 Where such a system is established, the statute prohibits certain conduct by any wrecker operator who has not been designated as an “authorized wrecker operator.” Anyone who violates the statute in specified ways is guilty of a misdemeanor. See Fla. Stat. § 323.002. 2 Attempts to control “wreck chasing” have apparently generated considerable litigation across the country, anchored in the claim that such legislative controls are preempted by the Federal Aviation Administration Authorization Act, as codified at 49 U.S.C....
...munications between the police dispatcher and field units in order to determine the location of a wrecked or disabled vehicle for the purpose of going to the scene to solicit business. 4 preempt Fla. Stat. § 323.002 and that the ban on roadside solicitation did not infringe Rebel’s First Amendment rights....
...system;” and (5) whether the statute constitutes an impermissible restriction on commercial speech in violation of the First Amendment. We find the fourth issue dispositive and, therefore, decline to address any other issues, including the question of preemption. Section 323.002(1)(c) of the Florida Statutes defines “wrecker operator system” as “a system for the towing or removal of wrecked, disabled, or abandoned vehicles, ....
...thorized wrecker operator or its employees or agents to monitor police radio for communications . . . in order to determine the location of a wrecked or disabled vehicle for the purpose of driving by the scene [to solicit business.]” Fla. Stat. § 323.002(2)(a)....
...the vehicle that he or she is not the authorized wrecker operator who has been designated as part of the wrecker operator system and [fail to] disclose, in writing, what charges for towing and storage will apply before the vehicle is connected to the towing apparatus.” Fla. Stat. § 323.002(2)(b), (c). Finally, the statute makes it a first degree misdemeanor “for a wrecker operator to falsely identify himself or herself as being part of the wrecker operator system.” Fla. Stat. § 323.002(2)(d). 6 Under Article VIII of the Florida Constitution, a county is a political subdivision of local government for which the board of county commissioners is the “governing body.” Art....
...enforcement of the law within its expressed general purpose. . . . Florida State Board of Architecture v. Wasserman, 377 So.2d 653, 655 (Fla. 1979) (emphasis added) (quoting Bailey v. Van Pelt, 82 So. 789, 793 (Fla. 1919)). Although § 323.002(2) permits a county to “operate[ ] a wrecker operator system,” the county must still act to adopt the system in the usual legislative manner, that is, by formal resolution or ordinance....
...function, which falls under the judicially recognized “municipal proprietor,” or “market participant” exception to preemption, and which meets the definition of a “wrecker operator system” within the contemplation of § 323.002, Florida Statutes (1999). R-3-110, Final Summary Judgment at 7....
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The Glynn Env't Coalition, Inc. v. Sea Island Acquisition, LLC (11th Cir. 2025).

Published | Court of Appeals for the Eleventh Circuit

Argued: Apr 24, 2025

wa- ter of the United States.” 33 C.F.R. § 323.2(e)(1) (2024). A permit issued under section
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Schreiber Express, Inc. v. Mayo, 338 So. 2d 21 (Fla. 1976).

Published | Supreme Court of Florida | 1976 Fla. LEXIS 4512

guilty of failure to operate approved schedules. § 323.02, Florida Statutes; §§ 25-5.19, .20, F.A.C. It
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B & G Horse Transp., Inc. v. Yarborough, 261 So. 2d 159 (Fla. 1972).

Published | Supreme Court of Florida | 1972 Fla. LEXIS 3790

Air Rule, 1964, MC-C-3437, 95 M.C.C. 71. F.S. Section 323.02, F.S.A., authorizes the Florida Public Service
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Ago (Fla. Att'y Gen. 1978).

Published | Florida Attorney General Reports

services in the Public Service Commission. Section 323.02, F. S. I note in passing that Dade County has

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