Florida Senate - 2017                        COMMITTEE AMENDMENT
       Bill No. CS for SB 282
       
       
       
       
       
       
                                Ì949626GÎ949626                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                   Comm: WD            .                                
                  04/13/2017           .                                
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       Appropriations Subcommittee on Finance and Tax (Artiles)
       recommended the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Section 125.01047, Florida Statutes, is created
    6  to read:
    7         125.01047Rules and ordinances relating to towing or
    8  storage services.—
    9         (1)A county may not enact an ordinance or rule that would
   10  impose a fee or charge on an authorized wrecker operator, as
   11  defined in s. 323.002(1), a towing business, or a vehicle
   12  storage company for towing, storing, or impounding a vehicle by
   13  the wrecker operator, towing business, or vehicle storage
   14  company.
   15         (2) The prohibition set forth in subsection (1) does not
   16  affect a county’s authority to:
   17         (a) Levy a reasonable business tax under s. 205.0315, s.
   18  205.033, or s. 205.0535.
   19         (b) Impose a reasonable administrative fee or charge, not
   20  to exceed 30 percent of the maximum rates approved by ordinance
   21  or rule under s. 125.0103 or s. 166.043, on the legal owner of a
   22  vehicle which may be collected by an authorized wrecker
   23  operator, as defined in s. 323.002(1), a towing business, or
   24  vehicle storage company on behalf of the county if a county law
   25  enforcement officer or parking enforcement specialist has caused
   26  the owner’s vehicle to be towed.
   27         Section 2. Section 166.04465, Florida Statutes, is created
   28  to read:
   29         166.04465 Rules and ordinances relating to towing or
   30  storage services.—
   31         (1)A municipality may not enact an ordinance or rule that
   32  would impose a fee or charge on an authorized wrecker operator,
   33  as defined in s. 323.002(1), a towing business, or a vehicle
   34  storage company for towing, storing, or impounding a vehicle by
   35  the wrecker operator, towing business, or vehicle storage
   36  company.
   37         (2) The prohibition set forth in subsection (1) does not
   38  affect a municipality’s authority to:
   39         (a)Levy a reasonable business tax under s. 205.0315, s.
   40  205.043, or s. 205.0535.
   41         (b)Impose a reasonable administrative fee or charge, not
   42  to exceed 30 percent of the maximum rates approved by ordinance
   43  or rule under s. 125.0103 or s. 166.043, on the legal owner of a
   44  vehicle which may be collected by an authorized wrecker
   45  operator, as defined in s. 323.002(1), a towing business, or
   46  vehicle storage company on behalf of the municipality if a
   47  municipal law enforcement officer or parking enforcement
   48  specialist has caused the owner’s vehicle to be towed.
   49         Section 3. Subsection (5) is added to section 323.002,
   50  Florida Statutes, to read:
   51         323.002 County and municipal wrecker operator systems;
   52  penalties for operation outside of system.—
   53         (5)(a) Except as provided in paragraph (b), a county or
   54  municipality may not adopt or maintain in effect an ordinance or
   55  rule that imposes a charge, cost, expense, fine, fee, or
   56  penalty, other than the reasonable costs of towing and storage
   57  incurred by an authorized wrecker operator, on the registered
   58  owner or lienholder of a vehicle removed and impounded by an
   59  authorized wrecker operator under this chapter.
   60         (b) A county or municipality may impose a reasonable
   61  administrative fee or charge, not to exceed 30 percent of the
   62  maximum rates approved by ordinance or rule under s. 125.0103 or
   63  s. 166.043, on the legal owner of a vehicle which may be
   64  collected by an authorized wrecker operator on behalf of a
   65  county or municipality if a county or municipal law enforcement
   66  officer or parking enforcement specialist has caused the owner’s
   67  vehicle to be towed.
   68         Section 4. This act shall take effect July 1, 2017.
   69  
   70  ================= T I T L E  A M E N D M E N T ================
   71  And the title is amended as follows:
   72         Delete everything before the enacting clause
   73  and insert:
   74                        A bill to be entitled                      
   75         An act relating to towing and storage fees; creating
   76         ss. 125.01047 and 166.04465, F.S.; prohibiting
   77         counties and municipalities from enacting certain
   78         ordinances or rules that impose a fee or charge on
   79         wrecker operators, towing businesses, or vehicle
   80         storage companies; providing exceptions; amending s.
   81         323.002, F.S.; prohibiting counties and municipalities
   82         from imposing additional charges, costs, expenses,
   83         fines, fees, or penalties on a registered owner or
   84         lienholder of a vehicle; providing an exception;
   85         providing an effective date.