Florida Senate - 2019                                    SB 1792
       
       
        
       By Senator Gruters
       
       
       
       
       
       23-00775B-19                                          20191792__
    1                        A bill to be entitled                      
    2         An act relating to towing and immobilizing of vehicles
    3         and vessels; amending ss. 125.0103 and 166.043, F.S.;
    4         specifying that local governments may enact rates to
    5         tow or immobilize vessels on private property and to
    6         remove and store vessels under specified
    7         circumstances; defining the term “immobilize”;
    8         creating ss. 125.01047 and 166.04465, F.S.;
    9         prohibiting counties and municipalities, respectively,
   10         from enacting certain ordinances or rules that impose
   11         fees or charges on authorized wrecker operators,
   12         towing businesses, or vehicle immobilization services;
   13         defining the term “towing business”; providing
   14         exceptions; amending s. 323.002, F.S.; prohibiting
   15         counties or municipalities from imposing charges,
   16         costs, expenses, fines, fees, or penalties on
   17         registered owners, other legally authorized persons in
   18         custody or in control, or lienholders of vehicles or
   19         vessels under certain conditions; providing an
   20         exception; amending s. 713.78, F.S.; authorizing
   21         certain persons to place liens on vehicles or vessels
   22         to recover specified fees or charges; amending s.
   23         715.07, F.S.; revising certain notice requirements;
   24         revising requirements relating to towing and to
   25         removing vehicles or vessels to include persons who
   26         are in custody of a vehicle or of a vessel; deleting a
   27         requirement related to liability for improper removal
   28         of a vehicle or of a vessel; creating s. 715.08, F.S.;
   29         defining terms; authorizing vehicle immobilization
   30         devices to be used on trespassing motor vehicles;
   31         prohibiting persons from acting as operators of a
   32         vehicle immobilization service in this state unless
   33         specified requirements are met; providing requirements
   34         for such operators and persons acting on behalf of
   35         such operators; authorizing an operator to conduct
   36         vehicle immobilization at any time; providing notice
   37         requirements for immobilization of a vehicle;
   38         prohibiting a vehicle immobilization service or
   39         operator from taking specified actions; providing
   40         requirements for a certain receipt of payment;
   41         providing liability requirements under certain
   42         circumstances; providing insurance requirements for
   43         the operator; prohibiting the operator from engaging
   44         in specified activities; providing signage
   45         requirements; authorizing a certain local government
   46         to impose a fine upon an operator and to revoke,
   47         suspend, or not renew an operator’s license for due
   48         cause; providing notice and hearing requirements for
   49         adverse actions regarding certain licenses; requiring
   50         disqualification from reapplying for a certain license
   51         for a specified period under certain circumstances;
   52         authorizing the revocation of an operator’s license
   53         under certain circumstances; providing maximum
   54         specified fines and suspension of license for certain
   55         violations; providing an effective date.
   56  
   57  Be It Enacted by the Legislature of the State of Florida:
   58  
   59         Section 1. Paragraphs (b) and (c) of subsection (1) of
   60  section 125.0103, Florida Statutes, are amended to read:
   61         125.0103 Ordinances and rules imposing price controls;
   62  findings required; procedures.—
   63         (1)
   64         (b) The provisions of This section does shall not prevent
   65  the enactment by local governments of public service rates
   66  otherwise authorized by law, including water, sewer, solid
   67  waste, public transportation, taxicab, or port rates, rates for
   68  towing of vehicles or vessels from, or immobilization of
   69  vehicles or vessels on, private property, or rates for removal
   70  and storage of wrecked or disabled vehicles or vessels from an
   71  accident scene or the removal and storage of vehicles or vessels
   72  in the event the owner or operator is incapacitated,
   73  unavailable, leaves the procurement of wrecker service to the
   74  law enforcement officer at the scene, or otherwise does not
   75  consent to the removal of the vehicle or vessel.
   76         (c) Counties must establish maximum rates that which may be
   77  charged for on the towing of vehicles or vessels from, or
   78  immobilization of vehicles or vessels on, private property, the
   79  removal and storage of wrecked or disabled vehicles or vessels
   80  from an accident scene or for the removal and storage of
   81  vehicles or vessels, in the event the owner or operator is
   82  incapacitated, unavailable, leaves the procurement of wrecker
   83  service to the law enforcement officer at the scene, or
   84  otherwise does not consent to the removal of the vehicle or
   85  vessel. However, if a municipality chooses to enact an ordinance
   86  establishing the maximum rates fees for the towing or
   87  immobilization of vehicles or vessels as described in paragraph
   88  (b), the county’s ordinance does shall not apply within such
   89  municipality. For purposes of this paragraph, the term
   90  “immobilize” means the act of rendering a vehicle or vessel
   91  inoperable by the use of a device such as a “boot” or “club,”
   92  the “Barnacle,” or any other device that renders a vehicle or
   93  vessel inoperable.
   94         Section 2. Section 125.01047, Florida Statutes, is created
   95  to read:
   96         125.01047 Rules and ordinances relating to towing and to
   97  vehicle immobilization services.—
   98         (1) A county may not enact an ordinance or rule that would
   99  impose a fee or charge on an authorized wrecker operator as
  100  defined in s. 323.002(1); a towing business for towing,
  101  impounding, or storing a vehicle or vessel; or a vehicle
  102  immobilization service as defined in s. 715.08. As used in this
  103  section, the term “towing business” means a business that
  104  provides towing services for monetary gain.
  105         (2) The prohibition imposed in subsection (1) does not
  106  affect a county’s authority to:
  107         (a) Levy a reasonable business tax under s. 205.0315, s.
  108  205.033, or s. 205.0535.
  109         (b) Impose on and collect from the registered owner or
  110  other legally authorized person in control of a vehicle or
  111  vessel, or the lienholder of a vehicle or vessel, a reasonable
  112  administrative fee or charge not to exceed 25 percent of the
  113  maximum towing or of the immobilization rate, to cover the cost
  114  of enforcement, including parking enforcement, by the county
  115  when the vehicle or vessel is towed from or immobilized on
  116  public property. However, an authorized wrecker operator, towing
  117  business, or vehicle immobilization service may impose and
  118  collect the administrative fee or charge on behalf of the county
  119  and shall remit such fee or charge to the county after it is
  120  collected.
  121         Section 3. Paragraphs (b) and (c) of subsection (1) of
  122  section 166.043, Florida Statutes, are amended to read:
  123         166.043 Ordinances and rules imposing price controls;
  124  findings required; procedures.—
  125         (1)
  126         (b) The provisions of This section does shall not prevent
  127  the enactment by local governments of public service rates
  128  otherwise authorized by law, including water, sewer, solid
  129  waste, public transportation, taxicab, or port rates, rates for
  130  towing of vehicles or vessels from, or immobilization of
  131  vehicles or vessels on, private property, or rates for removal
  132  and storage of wrecked or disabled vehicles or vessels from an
  133  accident scene or the removal and storage of vehicles or vessels
  134  in the event the owner or operator is incapacitated,
  135  unavailable, leaves the procurement of wrecker service to the
  136  law enforcement officer at the scene, or otherwise does not
  137  consent to the removal of the vehicle or vessel.
  138         (c) Counties must establish maximum rates that which may be
  139  charged for on the towing of vehicles or vessels from, or
  140  immobilization of vehicles or vessels on, private property, the
  141  removal and storage of wrecked or disabled vehicles or vessels
  142  from an accident scene or for the removal and storage of
  143  vehicles or vessels, in the event the owner or operator is
  144  incapacitated, unavailable, leaves the procurement of wrecker
  145  service to the law enforcement officer at the scene, or
  146  otherwise does not consent to the removal of the vehicle or
  147  vessel. However, if a municipality chooses to enact an ordinance
  148  establishing the maximum rates fees for the towing or
  149  immobilization of vehicles or vessels as described in paragraph
  150  (b), the county’s ordinance established under s. 125.0103 does
  151  shall not apply within such municipality. For purposes of this
  152  paragraph, the term “immobilize” means the act of rendering a
  153  vehicle or a vessel inoperable by the use of a device such as a
  154  “boot” or “club,” the “Barnacle,” or any other device that
  155  renders the vehicle or the vessel inoperable.
  156         Section 4. Section 166.04465, Florida Statutes, is created
  157  to read:
  158         166.04465 Rules and ordinances relating to towing or to
  159  vehicle immobilization services.—
  160         (1) A municipality may not enact an ordinance or rule that
  161  would impose a fee or charge on an authorized wrecker operator
  162  as defined in s. 323.002(1); on a towing business for towing,
  163  impounding, or storing a vehicle or vessel; or a vehicle
  164  immobilization service as defined in s. 715.08. As used in this
  165  section, the term “towing business” means a business that
  166  provides towing services for monetary gain.
  167         (2) The prohibition imposed in subsection (1) does not
  168  affect a municipality’s authority to:
  169         (a) Levy a reasonable business tax under s. 205.0315, s.
  170  205.043, or s. 205.0535.
  171         (b) Impose on and collect from the registered owner or
  172  other legally authorized person in control of a vehicle or
  173  vessel, or the lienholder of a vehicle or vessel, a reasonable
  174  administrative fee or charge not to exceed 25 percent of the
  175  maximum towing or immobilization rate, to cover the cost of
  176  enforcement, including parking enforcement, by the municipality
  177  when the vehicle or vessel is towed from or immobilized on
  178  public property. However, an authorized wrecker operator, towing
  179  business, or vehicle immobilization service may impose and
  180  collect the administrative fee or charge on behalf of the
  181  municipality and shall remit such fee or charge to the
  182  municipality after it is collected.
  183         Section 5. Present subsection (4) of section 323.002,
  184  Florida Statutes, is redesignated as subsection (5), and a new
  185  subsection (4) is added to that section, to read:
  186         323.002 County and municipal wrecker operator systems;
  187  penalties for operation outside of system.—
  188         (4)(a) Except as provided in paragraph (b), a county or
  189  municipality may not adopt or maintain an ordinance or rule that
  190  imposes a charge, cost, expense, fine, fee, or penalty on a
  191  registered owner or other legally authorized person in custody
  192  or in control of a vehicle or vessel, or the lienholder of a
  193  vehicle or vessel, when the vehicle or vessel is towed by an
  194  authorized wrecker operator under this chapter.
  195         (b) A county or municipality may adopt or maintain an
  196  ordinance or rule that imposes a reasonable administrative fee
  197  or charge on the registered owner or other legally authorized
  198  person in control of a vehicle or vessel, or the lienholder of a
  199  vehicle or vessel, when the vehicle or vessel is towed by an
  200  authorized wrecker operator. The fee or charge may not exceed 25
  201  percent of the maximum towing rate, to cover the cost of
  202  enforcement, including parking enforcement, by the county or
  203  municipality when the vehicle or vessel is towed from public
  204  property. However, an authorized wrecker operator or towing
  205  business may impose and collect the administrative fee or charge
  206  on behalf of the county or municipality and shall remit such fee
  207  or charge to the county or municipality after it is collected.
  208         Section 6. Subsection (2) of section 713.78, Florida
  209  Statutes, is amended to read:
  210         713.78 Liens for recovering, towing, or storing vehicles
  211  and vessels.—
  212         (2) Whenever a person regularly engaged in the business of
  213  transporting vehicles or vessels by wrecker, tow truck, or car
  214  carrier recovers, removes, or stores a vehicle or vessel upon
  215  instructions from:
  216         (a) The owner thereof;
  217         (b) The owner or lessor, or a person authorized by the
  218  owner or lessor, of property on which such vehicle or vessel is
  219  wrongfully parked, and the removal is done in compliance with s.
  220  715.07;
  221         (c) The landlord or a person authorized by the landlord,
  222  when such motor vehicle or vessel remained on the premises after
  223  the tenancy terminated and the removal is done in compliance
  224  with s. 83.806 or s. 715.104; or
  225         (d) Any law enforcement agency,
  226  
  227  she or he shall have a lien on the vehicle or vessel for a
  228  reasonable towing fee, for a reasonable administrative fee or
  229  charge imposed by a county or a municipality, and for a
  230  reasonable storage fee; except that a no storage fee may not
  231  shall be charged if the vehicle or the vessel is stored for less
  232  than 6 hours.
  233         Section 7. Subsection (2) and present subsection (4) of
  234  section 715.07, Florida Statutes, are amended, and present
  235  subsection (5) of that section is redesignated as subsection
  236  (4), to read:
  237         715.07 Vehicles or vessels parked on private property;
  238  towing.—
  239         (2) The owner or lessee of real property, or any person
  240  authorized by the owner or lessee, which person may be the
  241  designated representative of the condominium association if the
  242  real property is a condominium, may cause any vehicle or vessel
  243  parked on such property without her or his permission to be
  244  removed by a person regularly engaged in the business of towing
  245  vehicles or vessels, without liability for the costs of removal,
  246  transportation, or storage or damages caused by such removal,
  247  transportation, or storage, under any of the following
  248  circumstances:
  249         (a) The towing or removal of any vehicle or vessel from
  250  private property without the consent of the registered owner or
  251  other legally authorized person in control of that vehicle or
  252  vessel is subject to strict compliance with the following
  253  conditions and restrictions:
  254         1.a. Any towed or removed vehicle or vessel must be stored
  255  at a site within a 10-mile radius of the point of removal in any
  256  county of 500,000 population or more, and within a 15-mile
  257  radius of the point of removal in any county of less than
  258  500,000 population. That site must be open for the purpose of
  259  redemption of vehicles on any day that the person or firm towing
  260  such vehicle or vessel is open for towing purposes, from 8:00
  261  a.m. to 6:00 p.m., and, when closed, shall have prominently
  262  posted a sign indicating a telephone number where the operator
  263  of the site can be reached at all times. Upon receipt of a
  264  telephoned request to open the site to redeem a vehicle or
  265  vessel, the operator shall return to the site within 1 hour or
  266  she or he will be in violation of this section.
  267         b. If no towing business providing such service is located
  268  within the area of towing limitations set forth in sub
  269  subparagraph a., the following limitations apply: any towed or
  270  removed vehicle or vessel must be stored at a site within a 20
  271  mile radius of the point of removal in any county of 500,000
  272  population or more, and within a 30-mile radius of the point of
  273  removal in any county of less than 500,000 population.
  274         2. The person or firm towing or removing the vehicle or
  275  vessel shall, within 30 minutes after completion of such towing
  276  or removal, notify the municipal police department or, in an
  277  unincorporated area, the sheriff, of such towing or removal, the
  278  storage site, the time the vehicle or vessel was towed or
  279  removed, and the make, model, color, and license plate number of
  280  the vehicle or description and registration number of the vessel
  281  and shall obtain the name of the person at that department to
  282  whom such information was reported and note that name on the
  283  trip record.
  284         3. A person in the process of towing or removing a vehicle
  285  or vessel from the premises or parking lot in which the vehicle
  286  or vessel is not lawfully parked must stop when a person seeks
  287  the return of the vehicle or vessel. The vehicle or vessel must
  288  be returned upon the payment of a reasonable service fee of not
  289  more than one-half of the posted rate for the towing or removal
  290  service as provided in subparagraph 6. The vehicle or vessel may
  291  be towed or removed if, after a reasonable opportunity, the
  292  owner or legally authorized person in control of the vehicle or
  293  vessel is unable to pay the service fee. If the vehicle or
  294  vessel is redeemed, a detailed signed receipt must be given to
  295  the person redeeming the vehicle or vessel.
  296         4. A person may not pay or accept money or other valuable
  297  consideration for the privilege of towing or removing vehicles
  298  or vessels from a particular location.
  299         5. Except for property appurtenant to and obviously a part
  300  of a single-family residence, and except for instances when
  301  notice is personally given to the owner or other legally
  302  authorized person in control of the vehicle or vessel that the
  303  area in which that vehicle or vessel is parked is reserved or
  304  otherwise unavailable for unauthorized vehicles or vessels and
  305  that the vehicle or vessel is subject to being removed at the
  306  owner’s or operator’s expense, any property owner or lessee, or
  307  person authorized by the property owner or lessee, prior to
  308  towing or removing any vehicle or vessel from private property
  309  without the consent of the owner or other legally authorized
  310  person in control of that vehicle or vessel, must post a notice
  311  meeting the following requirements:
  312         a. The notice must be prominently placed at each driveway
  313  access or curb cut allowing vehicular access to the property,
  314  within 5 feet from the public right-of-way line. If there are no
  315  curbs or access barriers, the signs must be posted not less than
  316  one sign for each 25 feet of lot frontage.
  317         b. The notice must clearly indicate, in not less than 2
  318  inch high, light-reflective letters on a contrasting background,
  319  that unauthorized vehicles will be towed away at the owner’s
  320  expense. The words “tow-away zone” must be included on the sign
  321  in not less than 4-inch high letters.
  322         c. The notice must also provide the name and current
  323  telephone number of the person or firm towing or removing the
  324  vehicles or vessels.
  325         d. The sign structure containing the required notices must
  326  be permanently installed with the words “tow-away zone” not less
  327  than 3 feet and not more than 6 feet above ground level and must
  328  be continuously maintained on the property for not less than 24
  329  hours prior to the towing or removal of any vehicles or vessels.
  330         e. The local government may require permitting and
  331  inspection of these signs prior to any towing or removal of
  332  vehicles or vessels being authorized.
  333         f. A business with 20 or fewer parking spaces satisfies the
  334  notice requirements of this subparagraph by prominently
  335  displaying a sign that clearly states stating “Reserved Parking
  336  for Customers Only Unauthorized Vehicles or Vessels Will be
  337  Towed Away At the Owner’s Expense.in not less than 4-inch
  338  high, light-reflective letters on a contrasting background.
  339         g. A property owner towing or removing vessels from real
  340  property must post notice, consistent with the requirements in
  341  sub-subparagraphs a.-f., which apply to vehicles, that
  342  unauthorized vehicles or vessels will be towed away at the
  343  owner’s expense.
  344  
  345  A business owner or lessee may authorize the removal of a
  346  vehicle or vessel by a towing company when the vehicle or vessel
  347  is parked in such a manner that restricts the normal operation
  348  of business; and if a vehicle or vessel parked on a public
  349  right-of-way obstructs access to a private driveway the owner,
  350  lessee, or agent may have the vehicle or vessel removed by a
  351  towing company upon signing an order that the vehicle or vessel
  352  be removed without a posted tow-away zone sign.
  353         6. Any person or firm that tows or removes vehicles or
  354  vessels and proposes to require an owner, operator, or person in
  355  custody or control of a vehicle or vessel to pay the costs of
  356  towing and storage prior to redemption of the vehicle or vessel
  357  must file and keep on record with the local law enforcement
  358  agency a complete copy of the current rates to be charged for
  359  such services and post at the storage site an identical rate
  360  schedule and any written contracts with property owners,
  361  lessees, or persons in control of property which authorize such
  362  person or firm to remove vehicles or vessels as provided in this
  363  section.
  364         7. Any person or firm towing or removing any vehicles or
  365  vessels from private property without the consent of the owner
  366  or other legally authorized person in custody or control of the
  367  vehicles or vessels shall, on any trucks, wreckers as defined in
  368  s. 713.78(1)(c), or other vehicles used in the towing or
  369  removal, have the name, address, and telephone number of the
  370  company performing such service clearly printed in contrasting
  371  colors on the driver and passenger sides of the vehicle. The
  372  name shall be in at least 3-inch permanently affixed letters,
  373  and the address and telephone number shall be in at least 1-inch
  374  permanently affixed letters.
  375         8. Vehicle entry for the purpose of removing the vehicle or
  376  vessel shall be allowed with reasonable care on the part of the
  377  person or firm towing the vehicle or vessel. Such person or firm
  378  shall be liable for any damage occasioned to the vehicle or
  379  vessel if such entry is not in accordance with the standard of
  380  reasonable care.
  381         9. When a vehicle or vessel has been towed or removed
  382  pursuant to this section, it must be released to its owner or to
  383  the person in custody or control custodian within one hour after
  384  requested. Any vehicle or vessel owner or the person in custody
  385  or control agent shall have the right to inspect the vehicle or
  386  vessel before accepting its return, and no release or waiver of
  387  any kind which would release the person or firm towing the
  388  vehicle or vessel from liability for damages noted by the owner
  389  or by the person in custody or control other legally authorized
  390  person at the time of the redemption may be required from any
  391  vehicle or vessel owner, custodian, or person in custody or
  392  control agent as a condition of release of the vehicle or vessel
  393  to its owner. A detailed, signed receipt showing the legal name
  394  of the company or person towing or removing the vehicle or
  395  vessel must be given to the person paying towing or storage
  396  charges at the time of payment, whether requested or 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
  400  or vessels are towed from private property.
  401         (4) When a person improperly causes a vehicle or vessel to
  402  be removed, such person shall be liable to the owner or lessee
  403  of the vehicle or vessel for the cost of removal,
  404  transportation, and storage; any damages resulting from the
  405  removal, transportation, or storage of the vehicle or vessel;
  406  attorney’s fees; and court costs.
  407         Section 8. Section 715.08, Florida Statutes, is created to
  408  read:
  409         715.08 Vehicle immobilization services.—
  410         (1)DEFINITIONS.—As used in this section, the term:
  411         (a)“Immobilize” means the act of rendering a vehicle or a
  412  vessel inoperable by the use of a vehicle immobilization device.
  413         (b)“License” means a license, a permit, or other similar
  414  grant of authority to operate issued to an operator by a local
  415  government.
  416         (c)“Operator” means any person, as defined in s. 1.01(3),
  417  individual, or entity, including, but not limited to, a sole
  418  proprietor, an independent contractor, a partnership, or a
  419  similar business entity, offering or operating a vehicle
  420  immobilization service.
  421         (d)“Vehicle immobilization device” means any mechanical
  422  device that is designed or used to be attached to a wheel, a
  423  tire, or other part of a parked motor vehicle which includes,
  424  but is not limited to, a “boot” or “club, the “Barnacle,” or
  425  any other device that renders a vehicle or vessel inoperable.
  426         (e)“Vehicle immobilization service” means any service in
  427  which vehicles are immobilized.
  428         (2)VEHICLE IMMOBILIZATION OPERATIONS; REQUIREMENTS.—
  429         (a)Vehicle immobilization devices may be used on
  430  trespassing motor vehicles as provided for under this section.
  431         (b)It is unlawful for any person to act as an operator
  432  within this state unless the person is properly licensed or
  433  approved by a local government.
  434         (c)It is unlawful for any person to act as an operator if
  435  the person also has ownership or any other valuable
  436  consideration in property or a lot being used for the business
  437  of parking, or allowing for the parking of, motor vehicles or is
  438  engaged in the business of parking lot or valet parking
  439  operations.
  440         (d)Each operator shall conduct vehicle immobilization
  441  services using a name that is distinguishable from any other
  442  existing operator.
  443         (e)1.An operator shall issue all individuals under the
  444  operator’s employment, or who are acting on behalf of the
  445  operator, including the operator himself or herself, or
  446  partners, members, or officers of the operator, a photo
  447  identification with the name of the operator. Such an individual
  448  shall carry this operator-issued identification with him or her
  449  at all times while performing vehicle immobilization services.
  450         2.All individuals under an operator’s employment, or who
  451  are acting on behalf of the operator, including the operator
  452  himself or herself, or partners, members, or officers of the
  453  operator, shall wear a uniform that clearly identifies the name
  454  of the operator while performing vehicle immobilization
  455  services.
  456         3.All vehicles being used by operators or individuals
  457  under an operator’s employment to perform vehicle immobilization
  458  services must have prominently displayed on both sides of each
  459  vehicle the name of the operator and that the operator performs
  460  vehicle immobilization services, the address from which the
  461  operator conducts business, and the telephone number of the
  462  operator. The lettering must be in a contrasting color to the
  463  color of the vehicle, or if a vehicle magnet or decal is used,
  464  the lettering must be in a contrasting color to the color of the
  465  magnet or decal. The lettering must be at least one and one-half
  466  inches in height.
  467         (f)1.An operator may conduct vehicle immobilization
  468  services 24 hours per day, 7 days per week, and 365 days per
  469  year.
  470         2.An operator shall maintain a telephone number that is
  471  staffed by a live individual 24 hours per day and 365 days per
  472  year to communicate immediately with a driver or owner of an
  473  immobilized vehicle.
  474         (g)An operator who has immobilized a vehicle shall
  475  immediately affix a notice to the driver’s side window
  476  containing, at minimum, the following information:
  477         1.A warning that any attempt to move the vehicle may
  478  result in damage to the vehicle; and
  479         2.The fee required to remove the immobilization device,
  480  the name of the operator, and the telephone number to call to
  481  have the immobilization device removed.
  482         (h)It is unlawful for a vehicle immobilization service or
  483  operator to:
  484         1.Immobilize vehicles on any private property without
  485  having entered into a valid written contract for vehicle
  486  immobilization services with the private property owner, the
  487  lawful lessee, the managing agent, or other person in control of
  488  the property;
  489         2.Fail to arrive on the site where a vehicle was
  490  immobilized within 1 hour of being contacted by the owner, the
  491  driver, or the person in custody or in control of the vehicle;
  492         3.Fail to release a vehicle from immobilization within 1
  493  hour after receipt of payment from the owner, the driver, or the
  494  person in charge of a vehicle that has been immobilized; and
  495         4.Fail to provide a receipt of payment of the
  496  immobilization fee to the owner, the driver, or the person in
  497  custody or in control of an immobilized vehicle. The receipt
  498  must have the name, address, and telephone number of the
  499  operator; the name of the individual under the operator’s
  500  employment or the partner, member, or officer of such operator
  501  who removed the immobilization device; and the operator’s
  502  license number as issued by the department.
  503         (i)1.If the application of a vehicle immobilization device
  504  damages a vehicle, the operator shall pay the cost of repairs
  505  for that damage.
  506         2.If the owner, the driver, or the person in charge of a
  507  motor vehicle to which an immobilization device has been
  508  installed attempts to operate such motor vehicle or to remove
  509  the device, then the operator is not liable for any damage to
  510  the vehicle resulting from such attempt. In such an instance,
  511  the owner, the driver, or the person in charge of the
  512  immobilized vehicle is liable to the operator for the cost of
  513  damage to the vehicle immobilization device.
  514         (j)An operator shall maintain minimum insurance coverage
  515  in the amount of $1 million in commercial general liability, $1
  516  million in commercial automobile liability, $1 million in garage
  517  liability, $1 million in professional liability, and $1 million
  518  in umbrella coverage and shall have workers’ compensation
  519  coverage on all employees.
  520         (3)PROHIBITED ACTIVITIES.—An operator may not do any of
  521  the following:
  522         (a)Procure a license issued by a local government by
  523  fraudulent conduct or by a false statement of a material fact.
  524         (b)Pay, in the form of a gratuity or any other valuable
  525  consideration, any person who does not have ownership in
  526  property or in a lot being used for the business of parking, or
  527  allowing for the parking of, motor vehicles for information as
  528  to illegally parked vehicles.
  529         (c)Make any payment or other valuable consideration to an
  530  owner, an employee, an agent, or a person in possession of
  531  property or a lot that is being used for the business of
  532  parking, or allowing for the parking of, motor vehicles in
  533  excess of the reasonable and customary fee ordinarily charged by
  534  such person in possession of such property or lot for parking
  535  thereon.
  536         (d)Charge fees in excess of those provided for in this
  537  section.
  538         (e)Impound any vehicle located on any portion of a public
  539  way within this state, unless such operator is contracted to do
  540  so by a governmental agency.
  541         (4)SIGNAGE; REQUIREMENTS.—
  542         (a)It is unlawful for any operator to install or to attach
  543  a device to any motor vehicle without posting signs meeting the
  544  following requirements:
  545         1.The operator shall install signs at each designated
  546  entrance to a parking lot or parking area where parking
  547  prohibitions are in effect. If there is no designated entrance,
  548  the operator shall erect the signs so they are clearly visible
  549  from every parking space;
  550         2.Signs must be a minimum of 18 inches by 24 inches, or if
  551  not allowed in such size, the maximum allowable size, with
  552  lettering a minimum height of one and one-half inches; and
  553         3.Sign lettering must be in a solid color that contrasts
  554  with the sign’s background.
  555         (b) An operator’s signs must clearly state the following,
  556  at a minimum:
  557  
  558         1. WARNING: IMMOBILIZATION ENFORCED 24/7.
  559         2. UNAUTHORIZED VEHICLES MAY BE IMMOBILIZED AT OWNER’S RISK
  560  AND EXPENSE.
  561         3. THE IMMOBILIZATION OPERATOR IS ...(insert name of
  562  vehicle immobilization service)....
  563         4. THE TELEPHONE NUMBER FOR IMMOBILIZATION REMOVAL IS
  564  ...(insert operator’s telephone number)....
  565  
  566         (c)No abbreviations may be used on signs required under
  567  this subsection.
  568         (5)ADMINISTRATIVE ACTIONS; OPERATOR RIGHTS.—
  569         (a)A local government that has jurisdiction over, and that
  570  issued a license to, an operator may impose a fine upon the
  571  operator and may revoke, suspend, or not renew the operator’s
  572  license for due cause.
  573         (b)Adverse actions may not be taken regarding any license
  574  issued pursuant to this section until and after notice has been
  575  provided and a hearing has been held by the local government.
  576  Notice of such hearing must be given in writing and served at
  577  least 30 days before the date of a hearing. The notice must
  578  state the grounds of the complaint against the holder of such
  579  license and must designate the time and place where such hearing
  580  will be held. The notice must be served upon the license holder
  581  via certified mail, signature required, addressed to the license
  582  holder at the address provided on the operator’s current
  583  application.
  584         (c)Any operator whose license has been revoked pursuant to
  585  this section is disqualified from reapplying to the local
  586  government for another license for 12 months immediately
  587  following the revocation. The violation of any provision of this
  588  section by any person with any ownership interest in the vehicle
  589  immobilization service may result in the revocation of the
  590  operator’s license.
  591         (d)The maximum fine for any violation of this section is
  592  $1,000. The maximum suspension of a license for any one
  593  violation of this section is 30 days.
  594         Section 9. This act shall take effect July 1, 2019.