Florida Senate - 2017                                     SB 282
       
       
        
       By Senator Artiles
       
       40-00342-17                                            2017282__
    1                        A bill to be entitled                      
    2         An act relating to towing and storage fees; creating
    3         ss. 125.01047 and 166.04465, F.S.; prohibiting
    4         counties and municipalities from enacting certain
    5         ordinances or rules to impose a fee or charge on
    6         wrecker operators or vehicle storage companies;
    7         providing exceptions; providing an effective date.
    8          
    9  Be It Enacted by the Legislature of the State of Florida:
   10  
   11         Section 1. Section 125.01047, Florida Statutes, is created
   12  to read:
   13         125.01047Rules and ordinances relating to towing or
   14  storage services.—
   15         (1)A county may not enact an ordinance or rule that would
   16  impose a fee or charge on an authorized wrecker operator, as
   17  defined in s. 323.002(1), or a vehicle storage company for
   18  towing, storing, or impounding a vehicle by the wrecker operator
   19  or vehicle storage company. This prohibition applies to and
   20  includes, but is not limited to, situations where:
   21         (a)The county contacts the wrecker operator or the vehicle
   22  storage company to provide such services.
   23         (b)A county law enforcement officer causes a vehicle to be
   24  towed, stored, or impounded after an accident or after the
   25  vehicle has become disabled.
   26         (c)A vehicle is towed, stored, or impounded as a result of
   27  the commission or attempted commission of a crime or
   28  misdemeanor.
   29         (d)A county law enforcement officer causes a vehicle to be
   30  towed, stored, or impounded when the owner or operator is
   31  incapacitated.
   32         (e)A vehicle is towed at the request of a person who is
   33  not a law enforcement officer or at the request of a person as
   34  set forth in s. 715.07(2).
   35         (2)The prohibition set forth in subsection (1) does not
   36  affect a county’s authority to:
   37         (a)Levy a reasonable business tax under s. 205.0315, s.
   38  205.033, or s. 205.0535.
   39         (b)Impose a reasonable fee or charge, not to exceed the
   40  maximum rates approved by ordinance or rule under s. 125.0103 or
   41  s. 166.043, on the legal owner of a vehicle if a county law
   42  enforcement officer has caused the owner’s vehicle to be towed
   43  to and impounded at a facility owned by the county.
   44         Section 2. Section 166.04465, Florida Statutes, is created
   45  to read:
   46         166.04465Rules and ordinances relating to towing or
   47  storage services.—
   48         (1)A municipality may not enact an ordinance or rule that
   49  would impose a fee or charge on an authorized wrecker operator,
   50  as defined in s. 323.002(1), or a vehicle storage company for
   51  towing, storing, or impounding a vehicle by the wrecker operator
   52  or vehicle storage company. This prohibition applies to and
   53  includes, but is not limited to, situations where:
   54         (a)The municipality contacts the wrecker operator or the
   55  vehicle storage company to provide such services.
   56         (b)A municipal law enforcement officer causes a vehicle to
   57  be towed, stored, or impounded after an accident or after a
   58  vehicle has become disabled.
   59         (c)A vehicle is towed, stored, or impounded as a result of
   60  the commission or attempted commission of a crime or
   61  misdemeanor.
   62         (d)A municipal law enforcement officer causes a vehicle to
   63  be towed, stored, or impounded when the owner or operator is
   64  incapacitated.
   65         (e)A vehicle is towed at the request of a person who is
   66  not a law enforcement officer or at the request of a person as
   67  set forth in s. 715.07(2).
   68         (2)The prohibition set forth in subsection (1) does not
   69  affect a municipality’s authority to:
   70         (a)Levy a reasonable business tax under s. 205.0315, s.
   71  205.043, or s. 205.0535.
   72         (b)Impose a reasonable fee or charge, not to exceed the
   73  maximum rates approved by ordinance or rule under s. 125.0103 or
   74  s. 166.043, on the legal owner of a vehicle if a municipal law
   75  enforcement officer has caused the owner’s vehicle to be towed
   76  to and impounded at a facility owned by the municipality.
   77         Section 3. This act shall take effect July 1, 2017.