Bill Amendment: FL S1632 | 2018 | Regular Session

NOTE: For additional amemendments please see the Bill Drafting List

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Bill Title: Towing and Immobilization Fees and Charges

Status: 2018-03-10 - Died in Rules [S1632 Detail]

Download: Florida-2018-S1632-Senate_Committee_Amendment_323728.html

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       Florida Senate - 2018                        COMMITTEE AMENDMENT
       Bill No. SB 1632
       
       
       
       
       
       
                                Ì323728;Î323728                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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       The Committee on Transportation (Mayfield) recommended the
       following:
       
    1         Senate Amendment 
    2  
    3         Delete lines 90 - 152
    4  and insert:
    5         (c) Impose a reasonable fee for implementing or
    6  administering a towing licensing program.
    7         Section 3. Paragraphs (b) and (c) of subsection (1) of
    8  section 166.043, Florida Statutes, are amended to read:
    9         166.043 Ordinances and rules imposing price controls;
   10  findings required; procedures.—
   11         (1)
   12         (b) The provisions of this section shall not prevent the
   13  enactment by local governments of public service rates otherwise
   14  authorized by law, including water, sewer, solid waste, public
   15  transportation, taxicab, or port rates, rates for towing of
   16  vehicles or vessels from or immobilization of vehicles or
   17  vessels on private property, or rates for removal and storage of
   18  wrecked or disabled vehicles or vessels from an accident scene
   19  or the removal and storage of vehicles or vessels in the event
   20  the owner or operator is incapacitated, unavailable, leaves the
   21  procurement of wrecker service to the law enforcement officer at
   22  the scene, or otherwise does not consent to the removal of the
   23  vehicle or vessel.
   24         (c) Counties must establish maximum rates which may be
   25  charged on the towing of vehicles or vessels from or
   26  immobilization of vehicles or vessels on private property,
   27  removal and storage of wrecked or disabled vehicles or vessels
   28  from an accident scene or for the removal and storage of
   29  vehicles or vessels, in the event the owner or operator is
   30  incapacitated, unavailable, leaves the procurement of wrecker
   31  service to the law enforcement officer at the scene, or
   32  otherwise does not consent to the removal of the vehicle or
   33  vessel. The maximum rate to immobilize a vehicle or vessel on
   34  public or private property may not exceed 20 percent of the
   35  maximum rate to tow a vehicle or vessel from private property.
   36  However, if a municipality chooses to enact an ordinance
   37  establishing the maximum rates fees for the towing or
   38  immobilization of vehicles or vessels as described in paragraph
   39  (b), the county’s ordinance established under s. 125.0103 shall
   40  not apply within such municipality. For purposes of this
   41  paragraph, the term “immobilize” means the act of rendering a
   42  vehicle or vessel inoperable by the use of a device such as a
   43  “boot” or “club,” the “Barnacle,” or any other device that
   44  renders a vehicle or vessel inoperable.
   45         Section 4. Section 166.04465, Florida Statutes, is created
   46  to read:
   47         166.04465 Rules and ordinances relating to towing
   48  services.—
   49         (1) A municipality may not enact an ordinance or rule that
   50  would impose a fee or charge on an authorized wrecker operator,
   51  as defined in s. 323.002(1), or on a towing business for towing,
   52  impounding, or storing a vehicle or vessel. As used in this
   53  section, the term “towing business” means a business that
   54  provides towing services for monetary gain.
   55         (2) The prohibition set forth in subsection (1) does not
   56  affect a municipality’s authority to:
   57         (a) Levy a reasonable business tax under s. 205.0315, s.
   58  205.043, or s. 205.0535.
   59         (b) Impose and collect a reasonable administrative fee or
   60  charge on the registered owner or other legally authorized
   61  person in control of a vehicle or vessel, or the lienholder of a
   62  vehicle or vessel, not to exceed 25 percent of the maximum
   63  towing rate, to cover the cost of enforcement, including parking
   64  enforcement, by the municipality when the vehicle or vessel is
   65  towed from public property. However, an authorized wrecker
   66  operator or towing business may impose and collect the
   67  administrative fee or charge on behalf of the municipality and
   68  shall remit such fee or charge to the municipality only after it
   69  is collected.
   70         (c) Impose a reasonable fee for implementing or
   71  administering a towing licensing program.