Florida Senate - 2019                      CS for CS for SB 1792
       
       
        
       By the Committees on Infrastructure and Security; and Community
       Affairs; and Senator Gruters
       
       
       
       
       596-03780-19                                          20191792c2
    1                        A bill to be entitled                      
    2         An act relating to towing of vehicles and vessels;
    3         amending ss. 125.0103 and 166.043, F.S.; specifying
    4         that local governments may enact rates to tow or
    5         immobilize vessels on private property and to remove
    6         and store vessels under specified circumstances;
    7         defining the term “vessels”; creating ss. 125.01047
    8         and 166.04465, F.S.; prohibiting counties or
    9         municipalities from enacting certain ordinances or
   10         rules that impose fees or charges on authorized
   11         wrecker operators or towing businesses; defining the
   12         term “towing business”; providing exceptions; amending
   13         s. 323.002, F.S.; prohibiting counties or
   14         municipalities from adopting or maintaining in effect
   15         an ordinance or rule that imposes charges, costs,
   16         expenses, fines, fees, or penalties on authorized
   17         wrecker operators or registered owners or other
   18         legally authorized persons in control or lienholders
   19         of vehicles or vessels under certain conditions;
   20         providing exceptions; prohibiting municipalities or
   21         counties from enacting an ordinance or rule requiring
   22         an authorized wrecker operator to accept checks as a
   23         form of payment; amending s. 713.78, F.S.; authorizing
   24         certain persons to place liens on vehicles or vessels
   25         to recover specified fees or charges; amending s.
   26         715.07, F.S.; revising certain notice and signage
   27         requirements; revising requirements relating to towing
   28         and to removing vehicles or vessels to include persons
   29         who are in custody of a vehicle or of a vessel;
   30         prohibiting municipalities or counties from enacting
   31         an ordinance or rule requiring a towing business to
   32         accept checks as a form of payment; prohibiting
   33         municipalities or counties from authorizing attorney
   34         fees or court costs in connection with the towing of
   35         vehicles or vessels from private property; providing
   36         that the regulation of attorney fees and court costs
   37         in connection with the towing of vehicles or vessels
   38         from private property is expressly preempted to the
   39         state and any municipal or county ordinance on the
   40         subject is void; deleting a requirement related to
   41         liability for improper removal of a vehicle or of a
   42         vessel; providing an effective date.
   43          
   44  Be It Enacted by the Legislature of the State of Florida:
   45  
   46         Section 1. Paragraphs (b) and (c) of subsection (1) of
   47  section 125.0103, Florida Statutes, are amended to read:
   48         125.0103 Ordinances and rules imposing price controls;
   49  findings required; procedures.—
   50         (1)
   51         (b) The provisions of This section does shall not prevent
   52  the enactment by local governments of public service rates
   53  otherwise authorized by law, including water, sewer, solid
   54  waste, public transportation, taxicab, or port rates;, rates for
   55  towing of vehicles or vessels from, or immobilization of
   56  vehicles or vessels on, private property;, or rates for removal
   57  and storage of wrecked or disabled vehicles or vessels from an
   58  accident scene; or rates for the removal and storage of vehicles
   59  or vessels in the event the owner or operator is incapacitated,
   60  unavailable, leaves the procurement of wrecker service to the
   61  law enforcement officer at the scene, or otherwise does not
   62  consent to the removal of the vehicle or vessel. For purposes of
   63  this subsection, the term “vessels” means only vessels that are
   64  located on land.
   65         (c) Counties must establish maximum rates which may be
   66  charged on the towing of vehicles or vessels from, or
   67  immobilization of vehicles or vessels on, private property; the,
   68  removal and storage of wrecked or disabled vehicles or vessels
   69  from an accident scene; or for the removal and storage of
   70  vehicles or vessels, in the event the owner or operator is
   71  incapacitated, unavailable, leaves the procurement of wrecker
   72  service to the law enforcement officer at the scene, or
   73  otherwise does not consent to the removal of the vehicle or
   74  vessel. However, if a municipality chooses to enact an ordinance
   75  establishing the maximum rates fees for the towing or
   76  immobilization of vehicles or vessels as described in paragraph
   77  (b), the county’s ordinance shall not apply within such
   78  municipality.
   79         Section 2. Section 125.01047, Florida Statutes, is created
   80  to read:
   81         125.01047 Rules and ordinances relating to towing
   82  services.—
   83         (1) A county may not enact an ordinance or rule that would
   84  impose a fee or charge on an authorized wrecker operator, as
   85  defined in s. 323.002(1), or on a towing business for towing,
   86  impounding, or storing a vehicle or vessel. As used in this
   87  section, the term “towing business” means a business that
   88  provides towing services for monetary gain.
   89         (2) The prohibition imposed in subsection (1) does not
   90  affect a county’s authority to:
   91         (a) Levy a reasonable business tax under s. 205.0315, s.
   92  205.033, or s. 205.0535.
   93         (b) Impose and collect a reasonable administrative fee or
   94  charge on the registered owner or other legally authorized
   95  person in control of a vehicle or vessel, or the lienholder of a
   96  vehicle or vessel, not to exceed 25 percent of the maximum
   97  towing rate, to cover the cost of enforcement, including parking
   98  enforcement, by the county when the vehicle or vessel is towed
   99  from public property. However, an authorized wrecker operator or
  100  towing business may impose and collect the administrative fee or
  101  charge on behalf of the county and shall remit such fee or
  102  charge to the county only after it is collected.
  103         (3) This section does not affect an ordinance, resolution,
  104  or regulation enacted on or before January 1, 2019, by a charter
  105  county with a population exceeding 1.3 million according to the
  106  most recent decennial census which relates to the towing,
  107  impounding, removal, or storage of vehicles or vessels,
  108  including any amendment or revision made to such ordinance,
  109  resolution, or regulation after July 1, 2019; however, any
  110  changes to the ordinance, resolution, or regulation cannot
  111  include new fees or charges to the towing operator or owner of
  112  the vehicle or vessel.
  113         Section 3. Paragraphs (b) and (c) of subsection (1) of
  114  section 166.043, Florida Statutes, are amended to read:
  115         166.043 Ordinances and rules imposing price controls;
  116  findings required; procedures.—
  117         (1)
  118         (b) The provisions of This section does shall not prevent
  119  the enactment by local governments of public service rates
  120  otherwise authorized by law, including water, sewer, solid
  121  waste, public transportation, taxicab, or port rates;, rates for
  122  towing of vehicles or vessels from, or immobilization of
  123  vehicles or vessels on, private property;, or rates for removal
  124  and storage of wrecked or disabled vehicles or vessels from an
  125  accident scene; or rates for the removal and storage of vehicles
  126  or vessels in the event the owner or operator is incapacitated,
  127  unavailable, leaves the procurement of wrecker service to the
  128  law enforcement officer at the scene, or otherwise does not
  129  consent to the removal of the vehicle or vessel. For purposes of
  130  this subsection, the term “vessels” means only vessels that are
  131  located on land.
  132         (c) Counties must establish maximum rates which may be
  133  charged on the towing of vehicles or vessels from, or
  134  immobilization of vehicles or vessels on, private property; the,
  135  removal and storage of wrecked or disabled vehicles or vessels
  136  from an accident scene; or for the removal and storage of
  137  vehicles or vessels, in the event the owner or operator is
  138  incapacitated, unavailable, leaves the procurement of wrecker
  139  service to the law enforcement officer at the scene, or
  140  otherwise does not consent to the removal of the vehicle or
  141  vessel. However, if a municipality chooses to enact an ordinance
  142  establishing the maximum rates fees for the towing or
  143  immobilization of vehicles or vessels as described in paragraph
  144  (b), the county’s ordinance established under s. 125.0103 shall
  145  not apply within such municipality.
  146         Section 4. Section 166.04465, Florida Statutes, is created
  147  to read:
  148         166.04465 Rules and ordinances relating to towing
  149  services.—
  150         (1) A municipality may not enact an ordinance or rule that
  151  would impose a fee or charge on an authorized wrecker operator,
  152  as defined in s. 323.002(1), or on a towing business for towing,
  153  impounding, or storing a vehicle or vessel. As used in this
  154  section, the term “towing business” means a business that
  155  provides towing services for monetary gain.
  156         (2) The prohibition imposed in subsection (1) does not
  157  affect a municipality’s authority to:
  158         (a) Levy a reasonable business tax under s. 205.0315, s.
  159  205.043, or s. 205.0535.
  160         (b) Impose and collect a reasonable administrative fee or
  161  charge on the registered owner or other legally authorized
  162  person in control of a vehicle or vessel, or the lienholder of a
  163  vehicle or vessel, not to exceed 25 percent of the maximum
  164  towing rate, to cover the cost of enforcement, including parking
  165  enforcement, by the municipality when the vehicle or vessel is
  166  towed from public property. However, an authorized wrecker
  167  operator or towing business may impose and collect the
  168  administrative fee or charge on behalf of the municipality and
  169  shall remit such fee or charge to the municipality only after it
  170  is collected.
  171         Section 5. Present subsection (4) of section 323.002,
  172  Florida Statutes, is redesignated as subsection (6), and new
  173  subsections (4) and (5) are added to that section, to read:
  174         323.002 County and municipal wrecker operator systems;
  175  penalties for operation outside of system.—
  176         (4)(a) Except as provided in paragraph (b), a county or
  177  municipality may not adopt or maintain in effect an ordinance or
  178  rule that imposes a charge, cost, expense, fine, fee, or penalty
  179  on an authorized wrecker operator, registered owner or other
  180  legally authorized person in control of a vehicle or vessel, or
  181  the lienholder of a vehicle or vessel, when the vehicle or
  182  vessel is towed by an authorized wrecker operator under this
  183  chapter.
  184         (b) A county or municipality may adopt or maintain an
  185  ordinance or rule that imposes a reasonable administrative fee
  186  or charge on the registered owner or other legally authorized
  187  person in control of a vehicle or vessel, or the lienholder of a
  188  vehicle or vessel, that is towed by an authorized wrecker
  189  operator, not to exceed 25 percent of the maximum towing rate,
  190  to cover the cost of enforcement, including parking enforcement,
  191  by the county or municipality when the vehicle or vessel is
  192  towed from public property. However, an authorized wrecker
  193  operator or towing business may impose and collect the
  194  administrative fee or charge on behalf of the county or
  195  municipality and shall remit such fee or charge to the county or
  196  municipality only after it is collected.
  197         (c) A municipality or county may not enact an ordinance or
  198  rule requiring an authorized wrecker operator to accept checks
  199  as a form of payment.
  200         (5) This section does not affect an ordinance, resolution,
  201  or regulation enacted on or before January 1, 2019, by a charter
  202  county with a population exceeding 1.3 million according to the
  203  most recent decennial census which relates to the towing,
  204  impounding, removal, or storage of vehicles or vessels,
  205  including any amendment or revision made to such ordinance,
  206  resolution, or regulation after July 1, 2019; however, any
  207  changes to the ordinance, resolution, or regulation may not
  208  include new fees or charges to the towing operator or owner of
  209  the vehicle or vessel.
  210         Section 6. Subsection (2) of section 713.78, Florida
  211  Statutes, is amended to read:
  212         713.78 Liens for recovering, towing, or storing vehicles
  213  and vessels.—
  214         (2) Whenever a person regularly engaged in the business of
  215  transporting vehicles or vessels by wrecker, tow truck, or car
  216  carrier recovers, removes, or stores a vehicle or vessel upon
  217  instructions from:
  218         (a) The owner thereof;
  219         (b) The owner or lessor, or a person authorized by the
  220  owner or lessor, of property on which such vehicle or vessel is
  221  wrongfully parked, and the removal is done in compliance with s.
  222  715.07;
  223         (c) The landlord or a person authorized by the landlord,
  224  when such motor vehicle or vessel remained on the premises after
  225  the tenancy terminated and the removal is done in compliance
  226  with s. 83.806 or s. 715.104; or
  227         (d) Any law enforcement agency,
  228  
  229  she or he shall have a lien on the vehicle or vessel for a
  230  reasonable towing fee, for a reasonable administrative fee or
  231  charge imposed by a county or municipality, and for a reasonable
  232  storage fee; except that no storage fee shall be charged if the
  233  vehicle or vessel is stored for less than 6 hours.
  234         Section 7. Subsections (2) and (4) of section 715.07,
  235  Florida Statutes, are amended to read:
  236         715.07 Vehicles or vessels parked on private property;
  237  towing.—
  238         (2) The owner or lessee of real property, or any person
  239  authorized by the owner or lessee, which person may be the
  240  designated representative of the condominium association if the
  241  real property is a condominium, may cause any vehicle or vessel
  242  parked on such property without her or his permission to be
  243  removed by a person regularly engaged in the business of towing
  244  vehicles or vessels, without liability for the costs of removal,
  245  transportation, or storage or damages caused by such removal,
  246  transportation, or storage, under any of the following
  247  circumstances:
  248         (a) The towing or removal of any vehicle or vessel from
  249  private property without the consent of the registered owner or
  250  other legally authorized person in control of that vehicle or
  251  vessel is subject to strict compliance with the following
  252  conditions and restrictions:
  253         1.a. Any towed or removed vehicle or vessel must be stored
  254  at a site within a 10-mile radius of the point of removal in any
  255  county of 500,000 population or more, and within a 15-mile
  256  radius of the point of removal in any county of less than
  257  500,000 population. That site must be open for the purpose of
  258  redemption of vehicles on any day that the person or firm towing
  259  such vehicle or vessel is open for towing purposes, from 8:00
  260  a.m. to 6:00 p.m., and, when closed, shall have prominently
  261  posted a sign indicating a telephone number where the operator
  262  of the site can be reached at all times. Upon receipt of a
  263  telephoned request to open the site to redeem a vehicle or
  264  vessel, the operator shall return to the site within 1 hour or
  265  she or he will be in violation of this section.
  266         b. If no towing business providing such service is located
  267  within the area of towing limitations set forth in sub
  268  subparagraph a., the following limitations apply: any towed or
  269  removed vehicle or vessel must be stored at a site within a 20
  270  mile radius of the point of removal in any county of 500,000
  271  population or more, and within a 30-mile radius of the point of
  272  removal in any county of less than 500,000 population.
  273         2. The person or firm towing or removing the vehicle or
  274  vessel shall, within 30 minutes after completion of such towing
  275  or removal, notify the municipal police department or, in an
  276  unincorporated area, the sheriff, of such towing or removal, the
  277  storage site, the time the vehicle or vessel was towed or
  278  removed, and the make, model, color, and license plate number of
  279  the vehicle or description and registration number of the vessel
  280  and shall obtain the name of the person at that department to
  281  whom such information was reported and note that name on the
  282  trip record.
  283         3. A person in the process of towing or removing a vehicle
  284  or vessel from the premises or parking lot in which the vehicle
  285  or vessel is not lawfully parked must stop when a person seeks
  286  the return of the vehicle or vessel. The vehicle or vessel must
  287  be returned upon the payment of a reasonable service fee of not
  288  more than one-half of the posted rate for the towing or removal
  289  service as provided in subparagraph 6. The vehicle or vessel may
  290  be towed or removed if, after a reasonable opportunity, the
  291  owner or legally authorized person in control of the vehicle or
  292  vessel is unable to pay the service fee. If the vehicle or
  293  vessel is redeemed, a detailed signed receipt must be given to
  294  the person redeeming the vehicle or vessel.
  295         4. A person may not pay or accept money or other valuable
  296  consideration for the privilege of towing or removing vehicles
  297  or vessels from a particular location.
  298         5. Except for property appurtenant to and obviously a part
  299  of a single-family residence, and except for instances when
  300  notice is personally given to the owner or other legally
  301  authorized person in control of the vehicle or vessel that the
  302  area in which that vehicle or vessel is parked is reserved or
  303  otherwise unavailable for unauthorized vehicles or vessels and
  304  that the vehicle or vessel is subject to being removed at the
  305  owner’s or operator’s expense, any property owner or lessee, or
  306  person authorized by the property owner or lessee, prior to
  307  towing or removing any vehicle or vessel from private property
  308  without the consent of the owner or other legally authorized
  309  person in control of that vehicle or vessel, must post a notice
  310  meeting the following requirements:
  311         a. The notice must be prominently placed at each driveway
  312  access or curb cut allowing vehicular access to the property,
  313  within 5 feet from the public right-of-way line. If there are no
  314  curbs or access barriers, the signs must be posted not less than
  315  one sign for each 25 feet of lot frontage.
  316         b. The notice must clearly indicate, in not less than 2
  317  inch high, light-reflective letters on a contrasting background,
  318  that unauthorized vehicles will be towed away at the owner’s
  319  expense. The words “tow-away zone” must be included on the sign
  320  in not less than 4-inch high letters.
  321         c. The notice must also provide the name and current
  322  telephone number of the person or firm towing or removing the
  323  vehicles or vessels.
  324         d. The sign structure containing the required notices must
  325  be permanently installed with the words “tow-away zone” not less
  326  than 3 feet and not more than 6 feet above ground level and must
  327  be continuously maintained on the property for not less than 24
  328  hours prior to the towing or removal of any vehicles or vessels.
  329         e. The local government may require permitting and
  330  inspection of these signs prior to any towing or removal of
  331  vehicles or vessels being authorized.
  332         f. A business with 20 or fewer parking spaces satisfies the
  333  notice requirements of this subparagraph by prominently
  334  displaying a sign stating “Reserved Parking for Customers Only
  335  Unauthorized Vehicles or Vessels Will be Towed Away At the
  336  Owner’s Expense” in not less than 4-inch high, light-reflective
  337  letters on a contrasting background.
  338         g. A property owner towing or removing vessels from real
  339  property must post notice, consistent with the requirements in
  340  sub-subparagraphs a.-f., which apply to vehicles, that
  341  unauthorized vehicles or vessels will be towed away at the
  342  owner’s expense.
  343  
  344  A business owner or lessee may authorize the removal of a
  345  vehicle or vessel by a towing company when the vehicle or vessel
  346  is parked in such a manner that restricts the normal operation
  347  of business; and if a vehicle or vessel parked on a public
  348  right-of-way obstructs access to a private driveway the owner,
  349  lessee, or agent may have the vehicle or vessel removed by a
  350  towing company upon signing an order that the vehicle or vessel
  351  be removed without a posted tow-away zone sign.
  352         6. Any person or firm that tows or removes vehicles or
  353  vessels and proposes to require an owner, operator, or person in
  354  control or custody of a vehicle or vessel to pay the costs of
  355  towing and storage prior to redemption of the vehicle or vessel
  356  must file and keep on record with the local law enforcement
  357  agency a complete copy of the current rates to be charged for
  358  such services and post at the storage site an identical rate
  359  schedule and any written contracts with property owners,
  360  lessees, or persons in control of property which authorize such
  361  person or firm to remove vehicles or vessels as provided in this
  362  section.
  363         7. Any person or firm towing or removing any vehicles or
  364  vessels from private property without the consent of the owner
  365  or other legally authorized person in control or custody of the
  366  vehicles or vessels shall, on any trucks, wreckers as defined in
  367  s. 713.78(1)(c), or other vehicles used in the towing or
  368  removal, have the name, address, and telephone number of the
  369  company performing such service clearly printed in contrasting
  370  colors on the driver and passenger sides of the vehicle. The
  371  name shall be in at least 3-inch permanently affixed letters,
  372  and the address and telephone number shall be in at least 1-inch
  373  permanently affixed letters.
  374         8. Vehicle entry for the purpose of removing the vehicle or
  375  vessel shall be allowed with reasonable care on the part of the
  376  person or firm towing the vehicle or vessel. Such person or firm
  377  shall be liable for any damage occasioned to the vehicle or
  378  vessel if such entry is not in accordance with the standard of
  379  reasonable care.
  380         9. When a vehicle or vessel has been towed or removed
  381  pursuant to this section, it must be released to its owner or
  382  person in control or custody custodian within one hour after
  383  requested. Any vehicle or vessel owner or person in control or
  384  custody has agent shall have the right to inspect the vehicle or
  385  vessel before accepting its return, and no release or waiver of
  386  any kind which would release the person or firm towing the
  387  vehicle or vessel from liability for damages noted by the owner
  388  or the person in control or custody other legally authorized
  389  person at the time of the redemption may be required from any
  390  vehicle or vessel owner or person in control or custody,
  391  custodian, or agent as a condition of release of the vehicle or
  392  vessel to its owner. A detailed, signed receipt showing the
  393  legal name of the company or person towing or removing the
  394  vehicle or vessel must be given to the person paying towing or
  395  storage charges at the time of payment, whether requested or
  396  not.
  397         (b) These requirements are minimum standards and do not
  398  preclude enactment of additional regulations by any municipality
  399  or county including the right to regulate rates when vehicles or
  400  vessels are towed from private property. However, a municipality
  401  or county may not enact an ordinance or rule requiring a towing
  402  business to accept checks as a form of payment. Additionally, a
  403  municipality or county may not authorize attorney fees or court
  404  costs in connection with the towing of vehicles or vessels from
  405  private property. The regulation of attorney fees and court
  406  costs in connection with the towing of vehicles or vessels from
  407  private property is expressly preempted to the state and any
  408  municipal or county ordinance on the subject is void.
  409         (4) When a person improperly causes a vehicle or vessel to
  410  be removed, such person shall be liable to the owner or lessee
  411  of the vehicle or vessel for the cost of removal,
  412  transportation, and storage; any damages resulting from the
  413  removal, transportation, or storage of the vehicle or vessel;
  414  attorney’s fees; and court costs.
  415         Section 8. This act shall take effect July 1, 2019.