Florida Senate - 2018                                    SB 1632
       
       
        
       By Senator Mayfield
       
       
       
       
       
       17-01484B-18                                          20181632__
    1                        A bill to be entitled                      
    2         An act relating to towing and immobilization fees and
    3         charges; amending ss. 125.0103 and 166.043, F.S.;
    4         expanding the application of certain provisions
    5         related to ordinances and rules imposing price
    6         controls to include the towing or immobilization of
    7         vessels; establishing a maximum rate that counties and
    8         municipalities may charge for the immobilization of
    9         vehicles or vessels under certain conditions; defining
   10         the term “immobilize”; creating ss. 125.01047 and
   11         166.04465, F.S.; prohibiting counties and
   12         municipalities from enacting certain ordinances or
   13         rules that impose fees or charges on authorized
   14         wrecker operators or towing businesses; defining the
   15         term “towing business”; providing exceptions to the
   16         prohibition; amending s. 323.002, F.S.; prohibiting
   17         counties and municipalities from imposing charges,
   18         costs, expenses, fines, fees, or penalties on
   19         registered owners, other legally authorized persons in
   20         control, or lienholders of vehicles or vessels under
   21         certain conditions; providing an exception; amending
   22         s. 713.78, F.S.; authorizing certain persons to place
   23         liens on vehicles or vessels to recover specified fees
   24         or charges; providing an effective date.
   25          
   26  Be It Enacted by the Legislature of the State of Florida:
   27  
   28         Section 1. Paragraphs (b) and (c) of subsection (1) of
   29  section 125.0103, Florida Statutes, are amended to read:
   30         125.0103 Ordinances and rules imposing price controls;
   31  findings required; procedures.—
   32         (1)
   33         (b) The provisions of this section shall not prevent the
   34  enactment by local governments of public service rates otherwise
   35  authorized by law, including water, sewer, solid waste, public
   36  transportation, taxicab, or port rates, rates for towing of
   37  vehicles or vessels from or immobilization of vehicles or
   38  vessels on private property, or rates for removal and storage of
   39  wrecked or disabled vehicles or vessels from an accident scene
   40  or the removal and storage of vehicles or vessels in the event
   41  the owner or operator is incapacitated, unavailable, leaves the
   42  procurement of wrecker service to the law enforcement officer at
   43  the scene, or otherwise does not consent to the removal of the
   44  vehicle or vessel.
   45         (c) Counties must establish maximum rates which may be
   46  charged on the towing of vehicles or vessels from or
   47  immobilization of vehicles or vessels on private property,
   48  removal and storage of wrecked or disabled vehicles or vessels
   49  from an accident scene or for the removal and storage of
   50  vehicles or vessels, in the event the owner or operator is
   51  incapacitated, unavailable, leaves the procurement of wrecker
   52  service to the law enforcement officer at the scene, or
   53  otherwise does not consent to the removal of the vehicle or
   54  vessel. The maximum rate to immobilize a vehicle or vessel on
   55  public or private property may not exceed 20 percent of the
   56  maximum rate to tow a vehicle or vessel from private property.
   57  However, if a municipality chooses to enact an ordinance
   58  establishing the maximum rates fees for the towing or
   59  immobilization of vehicles or vessels as described in paragraph
   60  (b), the county’s ordinance shall not apply within such
   61  municipality. For purposes of this paragraph, the term
   62  “immobilize” means the act of rendering a vehicle or vessel
   63  inoperable by the use of a device such as a “boot” or “club,”
   64  the “Barnacle,” or any other device that renders a vehicle or
   65  vessel inoperable.
   66         Section 2. Section 125.01047, Florida Statutes, is created
   67  to read:
   68         125.01047Rules and ordinances relating to towing
   69  services.—
   70         (1)A county may not enact an ordinance or rule that would
   71  impose a fee or charge on an authorized wrecker operator, as
   72  defined in s. 323.002(1), or on a towing business for towing,
   73  impounding, or storing a vehicle or vessel. As used in this
   74  section, the term “towing business” means a business that
   75  provides towing services for monetary gain.
   76         (2)The prohibition set forth in subsection (1) does not
   77  affect a county’s authority to:
   78         (a)Levy a reasonable business tax under s. 205.0315, s.
   79  205.033, or s. 205.0535.
   80         (b)Impose and collect a reasonable administrative fee or
   81  charge on the registered owner or other legally authorized
   82  person in control of a vehicle or vessel, or the lienholder of a
   83  vehicle or vessel, not to exceed 25 percent of the maximum
   84  towing rate, to cover the cost of enforcement, including parking
   85  enforcement, by the county when the vehicle or vessel is towed
   86  from public property. However, an authorized wrecker operator or
   87  towing business may impose and collect the administrative fee or
   88  charge on behalf of the county and shall remit such fee or
   89  charge to the county only after it is collected.
   90         Section 3. Paragraphs (b) and (c) of subsection (1) of
   91  section 166.043, Florida Statutes, are amended to read:
   92         166.043 Ordinances and rules imposing price controls;
   93  findings required; procedures.—
   94         (1)
   95         (b) The provisions of this section shall not prevent the
   96  enactment by local governments of public service rates otherwise
   97  authorized by law, including water, sewer, solid waste, public
   98  transportation, taxicab, or port rates, rates for towing of
   99  vehicles or vessels from or immobilization of vehicles or
  100  vessels on private property, or rates for removal and storage of
  101  wrecked or disabled vehicles or vessels from an accident scene
  102  or the removal and storage of vehicles or vessels in the event
  103  the owner or operator is incapacitated, unavailable, leaves the
  104  procurement of wrecker service to the law enforcement officer at
  105  the scene, or otherwise does not consent to the removal of the
  106  vehicle or vessel.
  107         (c) Counties must establish maximum rates which may be
  108  charged on the towing of vehicles or vessels from or
  109  immobilization of vehicles or vessels on private property,
  110  removal and storage of wrecked or disabled vehicles or vessels
  111  from an accident scene or for the removal and storage of
  112  vehicles or vessels, in the event the owner or operator is
  113  incapacitated, unavailable, leaves the procurement of wrecker
  114  service to the law enforcement officer at the scene, or
  115  otherwise does not consent to the removal of the vehicle or
  116  vessel. The maximum rate to immobilize a vehicle or vessel on
  117  public or private property may not exceed 20 percent of the
  118  maximum rate to tow a vehicle or vessel from private property.
  119  However, if a municipality chooses to enact an ordinance
  120  establishing the maximum rates fees for the towing or
  121  immobilization of vehicles or vessels as described in paragraph
  122  (b), the county’s ordinance established under s. 125.0103 shall
  123  not apply within such municipality. For purposes of this
  124  paragraph, the term “immobilize” means the act of rendering a
  125  vehicle or vessel inoperable by the use of a device such as a
  126  “boot” or “club,” the “Barnacle,” or any other device that
  127  renders a vehicle or vessel inoperable.
  128         Section 4. Section 166.04465, Florida Statutes, is created
  129  to read:
  130         166.04465Rules and ordinances relating to towing
  131  services.—
  132         (1)A municipality may not enact an ordinance or rule that
  133  would impose a fee or charge on an authorized wrecker operator,
  134  as defined in s. 323.002(1), or on a towing business for towing,
  135  impounding, or storing a vehicle or vessel. As used in this
  136  section, the term “towing business” means a business that
  137  provides towing services for monetary gain.
  138         (2)The prohibition set forth in subsection (1) does not
  139  affect a municipality’s authority to:
  140         (a)Levy a reasonable business tax under s. 205.0315, s.
  141  205.043, or s. 205.0535.
  142         (b)Impose and collect a reasonable administrative fee or
  143  charge on the registered owner or other legally authorized
  144  person in control of a vehicle or vessel, or the lienholder of a
  145  vehicle or vessel, not to exceed 25 percent of the maximum
  146  towing rate, to cover the cost of enforcement, including parking
  147  enforcement, by the municipality when the vehicle or vessel is
  148  towed from public property. However, an authorized wrecker
  149  operator or towing business may impose and collect the
  150  administrative fee or charge on behalf of the municipality and
  151  shall remit such fee or charge to the municipality only after it
  152  is collected.
  153         Section 5. Subsection (4) of section 323.002, Florida
  154  Statutes, is renumbered as subsection (5), and a new subsection
  155  (4) is added to that section, to read:
  156         323.002 County and municipal wrecker operator systems;
  157  penalties for operation outside of system.—
  158         (4)(a)Except as provided in paragraph (b), a county or
  159  municipality may not adopt or maintain in effect an ordinance or
  160  rule that imposes a charge, cost, expense, fine, fee, or penalty
  161  on a registered owner or other legally authorized person in
  162  control of a vehicle or vessel, or the lienholder of a vehicle
  163  or vessel, when the vehicle or vessel is towed by an authorized
  164  wrecker operator under this chapter.
  165         (b)A county or municipality may adopt or maintain an
  166  ordinance or rule that imposes a reasonable administrative fee
  167  or charge on the registered owner or other legally authorized
  168  person in control of a vehicle or vessel, or the lienholder of a
  169  vehicle or vessel, which is towed by an authorized wrecker
  170  operator, not to exceed 25 percent of the maximum towing rate,
  171  to cover the cost of enforcement, including parking enforcement,
  172  by the county or municipality when the vehicle or vessel is
  173  towed from public property. However, an authorized wrecker
  174  operator or towing business may impose and collect the
  175  administrative fee or charge on behalf of the county or
  176  municipality and shall remit such fee or charge to the county or
  177  municipality only after it is collected.
  178         Section 6. Subsection (2) of section 713.78, Florida
  179  Statutes, is amended to read:
  180         713.78 Liens for recovering, towing, or storing vehicles
  181  and vessels.—
  182         (2) Whenever a person regularly engaged in the business of
  183  transporting vehicles or vessels by wrecker, tow truck, or car
  184  carrier recovers, removes, or stores a vehicle or vessel upon
  185  instructions from:
  186         (a) The owner thereof;
  187         (b) The owner or lessor, or a person authorized by the
  188  owner or lessor, of property on which such vehicle or vessel is
  189  wrongfully parked, and the removal is done in compliance with s.
  190  715.07;
  191         (c) The landlord or a person authorized by the landlord,
  192  when such motor vehicle or vessel remained on the premises after
  193  the tenancy terminated and the removal is done in compliance
  194  with s. 83.806 or s. 715.104; or
  195         (d) Any law enforcement agency,
  196  
  197  she or he shall have a lien on the vehicle or vessel for a
  198  reasonable towing fee, for a reasonable administrative fee or
  199  charge imposed by a county or municipality, and for a reasonable
  200  storage fee; except that no storage fee shall be charged if the
  201  vehicle or vessel is stored for less than 6 hours.
  202         Section 7. This act shall take effect July 1, 2018.