Florida Senate - 2020 CS for CS for SB 1332
By the Committees on Infrastructure and Security; and Community
Affairs; and Senator Hooper
596-03407-20 20201332c2
1 A bill to be entitled
2 An act relating to towing and immobilizing vehicles
3 and vessels; amending ss. 125.0103 and 166.043, F.S.;
4 authorizing local governments to enact rates to tow or
5 immobilize vessels on private property and to remove
6 and store vessels under specified circumstances;
7 requiring counties to establish maximum rates for such
8 towing, immobilization, removal, and storage of
9 vessels; providing applicability; creating s.
10 125.01047, F.S.; prohibiting counties from enacting
11 certain ordinances or rules that impose fees or
12 charges on authorized wrecker operators or towing
13 businesses; defining the term “towing business”;
14 providing exceptions; authorizing authorized wrecker
15 operators or towing businesses to impose and collect a
16 certain administrative fee or charge on behalf of the
17 county, subject to certain requirements; providing
18 applicability; providing construction; prohibiting a
19 certain charter county from imposing any new business
20 tax, fee, or charge that was not in effect on a
21 specified date on a towing business or an authorized
22 wrecker operator; providing restrictions and
23 requirements on a certain administrative fee or charge
24 imposed and collected by such charter county; defining
25 the term “charter county”; creating s. 166.04465,
26 F.S.; prohibiting municipalities from enacting certain
27 ordinances or rules that impose fees or charges on
28 authorized wrecker operators or towing businesses;
29 defining the term “towing business”; providing
30 exceptions; authorizing authorized wrecker operators
31 or towing businesses to impose and collect a certain
32 administrative fee or charge on behalf of the
33 municipality, subject to certain requirements;
34 amending s. 323.002, F.S.; prohibiting counties or
35 municipalities from adopting or maintaining in effect
36 certain ordinances or rules that impose charges,
37 costs, expenses, fines, fees, or penalties on
38 authorized wrecker operators or registered owners, or
39 other legally authorized persons in control of
40 vehicles or vessels under certain conditions;
41 providing an exception; authorizing authorized wrecker
42 operators or towing businesses to impose and collect a
43 certain administrative fee or charge on behalf of
44 counties or municipalities, subject to certain
45 requirements; prohibiting counties or municipalities
46 from enacting certain ordinances or rules that require
47 authorized wrecker operators to accept a specified
48 form of payment; requiring that a wrecker operator
49 maintain an operable automatic teller machine for use
50 by the public under certain circumstances; providing
51 exceptions; providing applicability; authorizing
52 certain charter counties to impose a charge, cost,
53 expense, fine, fee, or penalty on an authorized
54 wrecker operator in connection with a certain
55 violation; amending s. 713.78, F.S.; authorizing
56 certain persons to place liens on vehicles or vessels
57 to recover specified fees or charges; amending s.
58 715.07, F.S.; revising requirements regarding notices
59 and signs concerning the towing or removal of vehicles
60 or vessels; deleting a requirement that a certain
61 receipt be signed; prohibiting counties or
62 municipalities from enacting certain ordinances or
63 rules that require towing businesses to accept a
64 specified form of payment; requiring that a towing
65 business maintain an operable automatic teller machine
66 for use by the public under certain circumstances;
67 providing applicability; providing an effective date.
68
69 Be It Enacted by the Legislature of the State of Florida:
70
71 Section 1. Paragraphs (b) and (c) of subsection (1) of
72 section 125.0103, Florida Statutes, are amended to read:
73 125.0103 Ordinances and rules imposing price controls;
74 findings required; procedures.—
75 (1)
76 (b) The provisions of This section does shall not prevent
77 the enactment by local governments of public service rates
78 otherwise authorized by law, including water, sewer, solid
79 waste, public transportation, taxicab, or port rates, rates for
80 towing of vehicles or vessels from or immobilization of vehicles
81 or vessels on private property, or rates for removal and storage
82 of wrecked or disabled vehicles or vessels from an accident
83 scene or the removal and storage of vehicles or vessels in the
84 event the owner or operator is incapacitated, unavailable,
85 leaves the procurement of wrecker service to the law enforcement
86 officer at the scene, or otherwise does not consent to the
87 removal of the vehicle or vessel.
88 (c) Counties must establish maximum rates that which may be
89 charged on the towing of vehicles or vessels from or
90 immobilization of vehicles or vessels on private property,
91 removal and storage of wrecked or disabled vehicles or vessels
92 from an accident scene, or for the removal and storage of
93 vehicles or vessels, in the event the owner or operator is
94 incapacitated, unavailable, leaves the procurement of wrecker
95 service to the law enforcement officer at the scene, or
96 otherwise does not consent to the removal of the vehicle or
97 vessel. However, if a municipality chooses to enact an ordinance
98 establishing the maximum rates fees for the towing or
99 immobilization of vehicles or vessels as described in paragraph
100 (b), the county’s ordinance does shall not apply within such
101 municipality.
102 Section 2. Section 125.01047, Florida Statutes, is created
103 to read:
104 125.01047 Rules and ordinances relating to towing
105 services.—
106 (1) A county may not enact an ordinance or rule that would
107 impose a fee or charge on an authorized wrecker operator, as
108 defined in s. 323.002(1), or on a towing business for towing,
109 impounding, or storing a vehicle or vessel. As used in this
110 section, the term “towing business” means a business that
111 provides towing services for monetary gain.
112 (2) The prohibition set forth in subsection (1) does not
113 affect a county’s authority to:
114 (a) Levy a reasonable business tax under s. 205.0315, s.
115 205.033, or s. 205.0535.
116 (b) Impose and collect a reasonable administrative fee or
117 charge on the registered owner or other legally authorized
118 person in control of a vehicle or vessel, not to exceed 25
119 percent of the maximum towing rate, to cover the cost of
120 enforcement, including parking enforcement, by the county when
121 the vehicle or vessel is towed from public property. An
122 authorized wrecker operator or towing business may impose and
123 collect the administrative fee or charge on behalf of the county
124 and shall remit such fee or charge to the county only after it
125 is collected.
126 (3)(a) This section does not apply to a towing or
127 immobilization licensing, regulatory, or enforcement program of
128 a charter county in which at least 90 percent of the population
129 resides in incorporated municipalities, or of a charter county
130 with at least 38 incorporated municipalities within its
131 territorial boundaries as of January 1, 2020. This section does
132 not affect a charter county’s authority to:
133 1. Impose and collect towing operating license fees,
134 license renewal fees, license extension fees, expedite fees,
135 storage site inspection or reinspection fees, criminal
136 background check fees, and tow truck decal fees, including decal
137 renewal fees, expedite fees, and decal replacement fees.
138 2. Impose and collect immobilization operating license
139 fees, license extension fees, license renewal fees, expedite
140 fees, and criminal background check fees.
141 3. Set maximum rates for the towing or immobilization of
142 vehicles or vessels on private property, including rates based
143 on different classes of towing vehicles, research fees,
144 administrative fees, storage fees, and labor fees; rates for
145 towing services performed or directed by governmental entities;
146 road service rates; winch recovery rates; voluntary expediting
147 fees for vehicle or vessel ownership verification; and to
148 establish conditions in connection with the applicability or
149 payment of maximum rates set for towing or immobilization of
150 vehicles or vessels.
151 4. Impose and collect such other taxes, fees, or charges
152 otherwise authorized by general law, special law, or county
153 ordinance, resolution, or regulation.
154 (b) A charter county may impose and collect an
155 administrative fee or charge as provided in paragraph (2)(b) but
156 may not impose such fee or charge on a towing business or an
157 authorized wrecker operator. If the charter county imposes such
158 administrative fee or charge, the charter county may authorize a
159 towing business or authorized wrecker operator to impose and
160 collect such fee or charge on behalf of the county, and the
161 towing business or authorized wrecker operator shall remit such
162 fee or charge to the charter county only after it is collected.
163 (4)(a) Subsection (1) does not apply to a charter county
164 that had a towing licensing, regulatory, or enforcement program
165 in effect on January 1, 2020. However, such charter county may
166 not impose any new business tax, fee, or charge that was not in
167 effect as of January 1, 2020, on a towing business or an
168 authorized wrecker operator.
169 (b) A charter county may impose and collect an
170 administrative fee or charge as provided in paragraph (2)(b);
171 however, it may not impose that fee or charge upon a towing
172 business or an authorized wrecker operator. If such charter
173 county imposes such administrative fee or charge, such fee or
174 charge must be imposed on the registered owner or other legally
175 authorized person in control of a vehicle or vessel. The fee or
176 charge may not exceed 25 percent of the maximum towing rate to
177 cover the cost of enforcement, including parking enforcement, by
178 the charter county when the vehicle or vessel is towed from
179 public property. The charter county may authorize an authorized
180 wrecker operator or towing business to impose and collect the
181 administrative fee or charge on behalf of the charter county,
182 and the authorized wrecker operator or towing business shall
183 remit such fee or charge to the charter county only after it is
184 collected.
185 (c) For purposes of this subsection, the term “charter
186 county” means a county as defined in s. 125.011(1).
187 Section 3. Paragraphs (b) and (c) of subsection (1) of
188 section 166.043, Florida Statutes, are amended to read:
189 166.043 Ordinances and rules imposing price controls;
190 findings required; procedures.—
191 (1)
192 (b) The provisions of This section does shall not prevent
193 the enactment by local governments of public service rates
194 otherwise authorized by law, including water, sewer, solid
195 waste, public transportation, taxicab, or port rates, rates for
196 towing of vehicles or vessels from or immobilization of vehicles
197 or vessels on private property, or rates for removal and storage
198 of wrecked or disabled vehicles or vessels from an accident
199 scene or the removal and storage of vehicles or vessels in the
200 event the owner or operator is incapacitated, unavailable,
201 leaves the procurement of wrecker service to the law enforcement
202 officer at the scene, or otherwise does not consent to the
203 removal of the vehicle or vessel.
204 (c) Counties must establish maximum rates that which may be
205 charged on the towing of vehicles or vessels from or
206 immobilization of vehicles or vessels on private property,
207 removal and storage of wrecked or disabled vehicles or vessels
208 from an accident scene, or for the removal and storage of
209 vehicles or vessels, in the event the owner or operator is
210 incapacitated, unavailable, leaves the procurement of wrecker
211 service to the law enforcement officer at the scene, or
212 otherwise does not consent to the removal of the vehicle or
213 vessel. However, if a municipality chooses to enact an ordinance
214 establishing the maximum rates fees for the towing or
215 immobilization of vehicles or vessels as described in paragraph
216 (b), the county’s ordinance established under s. 125.0103 does
217 shall not apply within such municipality.
218 Section 4. Section 166.04465, Florida Statutes, is created
219 to read:
220 166.04465 Rules and ordinances relating to towing
221 services.—
222 (1) A municipality may not enact an ordinance or rule that
223 would impose a fee or charge on an authorized wrecker operator,
224 as defined in s. 323.002(1), or on a towing business for towing,
225 impounding, or storing a vehicle or vessel. As used in this
226 section, the term “towing business” means a business that
227 provides towing services for monetary gain.
228 (2) The prohibition set forth in subsection (1) does not
229 affect a municipality’s authority to:
230 (a) Levy a reasonable business tax under s. 205.0315, s.
231 205.043, or s. 205.0535.
232 (b) Impose and collect a reasonable administrative fee or
233 charge on the registered owner or other legally authorized
234 person in control of a vehicle or vessel, not to exceed 25
235 percent of the maximum towing rate, to cover the cost of
236 enforcement, including parking enforcement, by the municipality
237 when the vehicle or vessel is towed from public property. An
238 authorized wrecker operator or towing business may impose and
239 collect the administrative fee or charge on behalf of the
240 municipality and shall remit such fee or charge to the
241 municipality only after it is collected.
242 Section 5. Present subsection (4) of section 323.002,
243 Florida Statutes, is redesignated as subsection (6), and new
244 subsections (4) and (5) are added to that section, to read:
245 323.002 County and municipal wrecker operator systems;
246 penalties for operation outside of system.—
247 (4)(a) Except as provided in paragraph (b), a county or
248 municipality may not adopt or maintain in effect an ordinance or
249 rule that imposes a charge, cost, expense, fine, fee, or penalty
250 on an authorized wrecker operator, the registered owner, or
251 another legally authorized person in control of a vehicle or
252 vessel when the vehicle or vessel is towed by an authorized
253 wrecker operator under this chapter.
254 (b) A county or municipality may adopt or maintain an
255 ordinance or rule that imposes a reasonable administrative fee
256 or charge on the registered owner or other legally authorized
257 person in control of a vehicle or vessel that is towed by an
258 authorized wrecker operator, not to exceed 25 percent of the
259 maximum towing rate, to cover the cost of enforcement, including
260 parking enforcement, by the county or municipality when the
261 vehicle or vessel is towed from public property. An authorized
262 wrecker operator or towing business may impose and collect the
263 administrative fee or charge on behalf of the county or
264 municipality and shall remit such fee or charge to the county or
265 municipality only after it is collected.
266 (c) A county or municipality may not enact an ordinance or
267 rule that requires an authorized wrecker operator to accept a
268 credit card as a form of payment. However, if an authorized
269 wrecker operator does not accept a credit card, the wrecker
270 operator must maintain an operable automatic teller machine for
271 use by the public at its place of business. This paragraph does
272 not apply to a county or municipality that adopted an ordinance
273 or rule before January 1, 2020, requiring an authorized wrecker
274 operator to accept a credit card as a form of payment.
275 (5) Subsection (4) does not apply to the towing or
276 immobilization licensing, regulatory, or enforcement program of
277 a charter county described in s. 125.01047(3) or (4). Such
278 charter county may impose a charge, cost, expense, fine, fee, or
279 penalty on an authorized wrecker operator in connection with a
280 violation of the towing or immobilization program requirements
281 as set forth by ordinance, resolution, or regulation.
282 Section 6. Subsection (2) of section 713.78, Florida
283 Statutes, is amended to read:
284 713.78 Liens for recovering, towing, or storing vehicles
285 and vessels.—
286 (2) Whenever a person regularly engaged in the business of
287 transporting vehicles or vessels by wrecker, tow truck, or car
288 carrier recovers, removes, or stores a vehicle or vessel upon
289 instructions from:
290 (a) The owner thereof;
291 (b) The owner or lessor, or a person authorized by the
292 owner or lessor, of property on which such vehicle or vessel is
293 wrongfully parked, and the removal is done in compliance with s.
294 715.07;
295 (c) The landlord or a person authorized by the landlord,
296 when such motor vehicle or vessel remained on the premises after
297 the tenancy terminated and the removal is done in compliance
298 with s. 83.806 or s. 715.104; or
299 (d) Any law enforcement agency,
300
301 she or he shall have a lien on the vehicle or vessel for a
302 reasonable towing fee, for a reasonable administrative fee or
303 charge imposed by a county or municipality, and for a reasonable
304 storage fee; except that a no storage fee may not shall be
305 charged if the vehicle or vessel is stored for fewer less than 6
306 hours.
307 Section 7. Subsection (2) of section 715.07, Florida
308 Statutes, is amended to read:
309 715.07 Vehicles or vessels parked on private property;
310 towing.—
311 (2) The owner or lessee of real property, or any person
312 authorized by the owner or lessee, which person may be the
313 designated representative of the condominium association if the
314 real property is a condominium, may cause any vehicle or vessel
315 parked on such property without her or his permission to be
316 removed by a person regularly engaged in the business of towing
317 vehicles or vessels, without liability for the costs of removal,
318 transportation, or storage or damages caused by such removal,
319 transportation, or storage, under any of the following
320 circumstances:
321 (a) The towing or removal of any vehicle or vessel from
322 private property without the consent of the registered owner or
323 other legally authorized person in control of that vehicle or
324 vessel is subject to strict compliance with the following
325 conditions and restrictions:
326 1.a. Any towed or removed vehicle or vessel must be stored
327 at a site within a 10-mile radius of the point of removal in any
328 county of 500,000 population or more, and within a 15-mile
329 radius of the point of removal in any county of fewer less than
330 500,000 population. That site must be open for the purpose of
331 redemption of vehicles on any day that the person or firm towing
332 such vehicle or vessel is open for towing purposes, from 8:00
333 a.m. to 6:00 p.m., and, when closed, shall have prominently
334 posted a sign indicating a telephone number where the operator
335 of the site can be reached at all times. Upon receipt of a
336 telephoned request to open the site to redeem a vehicle or
337 vessel, the operator shall return to the site within 1 hour or
338 she or he will be in violation of this section.
339 b. If no towing business providing such service is located
340 within the area of towing limitations set forth in sub
341 subparagraph a., the following limitations apply: any towed or
342 removed vehicle or vessel must be stored at a site within a 20
343 mile radius of the point of removal in any county of 500,000
344 population or more, and within a 30-mile radius of the point of
345 removal in any county of fewer less than 500,000 population.
346 2. The person or firm towing or removing the vehicle or
347 vessel shall, within 30 minutes after completion of such towing
348 or removal, notify the municipal police department or, in an
349 unincorporated area, the sheriff, of such towing or removal, the
350 storage site, the time the vehicle or vessel was towed or
351 removed, and the make, model, color, and license plate number of
352 the vehicle or description and registration number of the vessel
353 and shall obtain the name of the person at that department to
354 whom such information was reported and note that name on the
355 trip record.
356 3. A person in the process of towing or removing a vehicle
357 or vessel from the premises or parking lot in which the vehicle
358 or vessel is not lawfully parked must stop when a person seeks
359 the return of the vehicle or vessel. The vehicle or vessel must
360 be returned upon the payment of a reasonable service fee of not
361 more than one-half of the posted rate for the towing or removal
362 service as provided in subparagraph 6. The vehicle or vessel may
363 be towed or removed if, after a reasonable opportunity, the
364 owner or legally authorized person in control of the vehicle or
365 vessel is unable to pay the service fee. If the vehicle or
366 vessel is redeemed, a detailed signed receipt must be given to
367 the person redeeming the vehicle or vessel.
368 4. A person may not pay or accept money or other valuable
369 consideration for the privilege of towing or removing vehicles
370 or vessels from a particular location.
371 5. Except for property appurtenant to and obviously a part
372 of a single-family residence, and except for instances when
373 notice is personally given to the owner or other legally
374 authorized person in control of the vehicle or vessel that the
375 area in which that vehicle or vessel is parked is reserved or
376 otherwise unavailable for unauthorized vehicles or vessels and
377 that the vehicle or vessel is subject to being removed at the
378 owner’s or operator’s expense, any property owner or lessee, or
379 person authorized by the property owner or lessee, before prior
380 to towing or removing any vehicle or vessel from private
381 property without the consent of the owner or other legally
382 authorized person in control of that vehicle or vessel, must
383 post a notice meeting the following requirements:
384 a. The notice must be prominently placed at each driveway
385 access or curb cut allowing vehicular access to the property,
386 within 10 5 feet from the road as defined in s. 334.03(22)
387 public right-of-way line. If there are no curbs or access
388 barriers, the signs must be posted not fewer less than one sign
389 for each 25 feet of lot frontage.
390 b. The notice must clearly indicate, in not fewer less than
391 2-inch high, light-reflective letters on a contrasting
392 background, that unauthorized vehicles will be towed away at the
393 owner’s expense. The words “tow-away zone” must be included on
394 the sign in not fewer less than 4-inch high letters.
395 c. The notice must also provide the name and current
396 telephone number of the person or firm towing or removing the
397 vehicles or vessels.
398 d. The sign structure containing the required notices must
399 be permanently installed with the words “tow-away zone” not less
400 than 3 feet and not more than 6 feet above ground level and must
401 be continuously maintained on the property for not fewer less
402 than 24 hours before prior to the towing or removal of any
403 vehicles or vessels.
404 e. The local government may require permitting and
405 inspection of these signs before prior to any towing or removal
406 of vehicles or vessels being authorized.
407 f. A business with 20 or fewer parking spaces satisfies the
408 notice requirements of this subparagraph by prominently
409 displaying a sign stating “Reserved Parking for Customers Only
410 Unauthorized Vehicles or Vessels Will be Towed Away At the
411 Owner’s Expense” in not less than 4-inch high, light-reflective
412 letters on a contrasting background.
413 g. A property owner towing or removing vessels from real
414 property must post notice, consistent with the requirements in
415 sub-subparagraphs a.-f., which apply to vehicles, that
416 unauthorized vehicles or vessels will be towed away at the
417 owner’s expense.
418
419 A business owner or lessee may authorize the removal of a
420 vehicle or vessel by a towing company when the vehicle or vessel
421 is parked in such a manner that restricts the normal operation
422 of business; and if a vehicle or vessel parked on a public
423 right-of-way obstructs access to a private driveway the owner,
424 lessee, or agent may have the vehicle or vessel removed by a
425 towing company upon signing an order that the vehicle or vessel
426 be removed without a posted tow-away zone sign.
427 6. Any person or firm that tows or removes vehicles or
428 vessels and proposes to require an owner, operator, or person in
429 control or custody of a vehicle or vessel to pay the costs of
430 towing and storage before prior to redemption of the vehicle or
431 vessel must file and keep on record with the local law
432 enforcement agency a complete copy of the current rates to be
433 charged for such services and post at the storage site an
434 identical rate schedule and any written contracts with property
435 owners, lessees, or persons in control of property which
436 authorize such person or firm to remove vehicles or vessels as
437 provided in this section.
438 7. Any person or firm towing or removing any vehicles or
439 vessels from private property without the consent of the owner
440 or other legally authorized person in control or custody of the
441 vehicles or vessels shall, on any trucks, wreckers as defined in
442 s. 713.78(1)(c), or other vehicles used in the towing or
443 removal, have the name, address, and telephone number of the
444 company performing such service clearly printed in contrasting
445 colors on the driver and passenger sides of the vehicle. The
446 name shall be in at least 3-inch permanently affixed letters,
447 and the address and telephone number shall be in at least 1-inch
448 permanently affixed letters.
449 8. Vehicle entry for the purpose of removing the vehicle or
450 vessel shall be allowed with reasonable care on the part of the
451 person or firm towing the vehicle or vessel. Such person or firm
452 shall be liable for any damage occasioned to the vehicle or
453 vessel if such entry is not in accordance with the standard of
454 reasonable care.
455 9. When a vehicle or vessel has been towed or removed
456 pursuant to this section, it must be released to its owner or
457 person in control or custody custodian within 1 one hour after
458 requested. Any vehicle or vessel owner or person in control or
459 custody has agent shall have the right to inspect the vehicle or
460 vessel before accepting its return, and no release or waiver of
461 any kind which would release the person or firm towing the
462 vehicle or vessel from liability for damages noted by the owner
463 or person in control or custody other legally authorized person
464 at the time of the redemption may be required from any vehicle
465 or vessel owner or person in control or custody, custodian, or
466 agent as a condition of release of the vehicle or vessel to its
467 owner or person in control or custody. A detailed, signed
468 receipt showing the legal name of the company or person towing
469 or removing the vehicle or vessel must be given to the person
470 paying towing or storage charges at the time of payment, whether
471 requested or not.
472 (b) These requirements are minimum standards and do not
473 preclude enactment of additional regulations by any municipality
474 or county including the right to regulate rates when vehicles or
475 vessels are towed from private property, except that a county or
476 municipality may not enact an ordinance or rule that requires a
477 towing business to accept a credit card as a form of payment.
478 However, if a towing business does not accept a credit card, the
479 towing business must maintain an operable automatic teller
480 machine for use by the public at its place of business. This
481 paragraph does not apply to a county or municipality that
482 adopted an ordinance or rule before January 1, 2020, requiring a
483 towing business to accept a credit card as a form of payment.
484 Section 8. This act shall take effect October 1, 2020.