Bill Text: FL S0110 | 2024 | Regular Session | Introduced

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Bill Title: Price Controls

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2023-11-07 - Withdrawn prior to introduction [S0110 Detail]

Download: Florida-2024-S0110-Introduced.html

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       Florida Senate - 2024                                     SB 110
       
       
        
       By Senator Jones
       
       
       
       
       
       34-00308-24                                            2024110__
    1                        A bill to be entitled                      
    2         An act relating to price controls; repealing ss.
    3         125.0103 and 166.043, F.S., relating to county and
    4         municipal ordinances and rules imposing price
    5         controls; amending ss. 321.051, 713.78, and 713.785,
    6         F.S.; conforming provisions to changes made by the
    7         act; providing an effective date.
    8          
    9  Be It Enacted by the Legislature of the State of Florida:
   10  
   11         Section 1. Section 125.0103, Florida Statutes, is repealed.
   12         Section 2. Section 166.043, Florida Statutes, is repealed.
   13         Section 3. Subsection (2) of section 321.051, Florida
   14  Statutes, is amended to read:
   15         321.051 Florida Highway Patrol wrecker operator system;
   16  penalties for operation outside of system.—
   17         (2) The Division of Florida Highway Patrol of the
   18  Department of Highway Safety and Motor Vehicles is authorized to
   19  establish within areas designated by the patrol a wrecker
   20  operator system using qualified, reputable wrecker operators for
   21  removal and storage of wrecked or disabled vehicles from a crash
   22  scene or for removal and storage of abandoned vehicles, in the
   23  event the owner or operator is incapacitated or unavailable or
   24  leaves the procurement of wrecker service to the officer at the
   25  scene. All reputable wrecker operators are shall be eligible to
   26  participate in for use in the system, provided their equipment
   27  and drivers meet recognized safety qualifications and mechanical
   28  standards set by rules of the Division of Florida Highway Patrol
   29  for the size of vehicle a wrecker operator’s tow truck it is
   30  designed to handle. The division is authorized to limit the
   31  number of wrecker operators participating in the wrecker
   32  operator system, which authority does shall not affect wrecker
   33  operators currently participating in the system established by
   34  this section. The division is authorized to establish maximum
   35  rates for the towing and storage of vehicles removed at the
   36  division’s request, where such rates have not been set by a
   37  county or municipality pursuant to s. 125.0103 or s. 166.043.
   38  Such rates are shall not be considered rules for the purpose of
   39  chapter 120; however, the department shall establish by rule a
   40  procedure for setting such rates. Any provision in chapter 120
   41  to the contrary notwithstanding, a final order of the department
   42  denying, suspending, or revoking a wrecker operator’s
   43  participation in the system is shall be reviewable in the manner
   44  and within the time provided by the Florida Rules of Appellate
   45  Procedure only by a writ of certiorari issued by the circuit
   46  court in the county wherein such wrecker operator resides.
   47         Section 4. Paragraph (b) of subsection (13) and paragraph
   48  (b) of subsection (15) of section 713.78, Florida Statutes, are
   49  amended to read:
   50         713.78 Liens for recovering, towing, or storing vehicles
   51  and vessels.—
   52         (13)
   53         (b) For purposes of this subsection only, the amount of the
   54  wrecker operator’s lien for which the department will prevent
   55  issuance of a license plate or revalidation sticker may not
   56  exceed the amount of the charges for recovery, towing, and
   57  storage of the vehicle or vessel for 7 days. These charges may
   58  not exceed the maximum rates imposed by the ordinances of the
   59  respective county or municipality under ss. 125.0103(1)(c) and
   60  166.043(1)(c). This paragraph does not limit the amount of a
   61  wrecker operator’s lien claimed under subsection (2) or prevent
   62  a wrecker operator from seeking civil remedies for enforcement
   63  of the entire amount of the lien, but limits only that portion
   64  of the lien for which the department will prevent issuance of a
   65  license plate or revalidation sticker.
   66         (15)
   67         (b) A lienor or the lienor’s agent may not charge fees or
   68  costs, other than those authorized in this section or ss.
   69  125.0103 and 166.043, that exceed $250.
   70         Section 5. Paragraph (b) of subsection (8) of section
   71  713.785, Florida Statutes, is amended to read:
   72         713.785 Liens for recovering, towing, or storing mobile
   73  homes.—
   74         (8)
   75         (b) For purposes of this subsection, the amount of the
   76  mobile home transport company’s lien for which the department
   77  will prevent issuance of a revalidation sticker may not exceed
   78  the amount of the charges for recovery, towing, and storage of
   79  the mobile home for 7 days. These charges may not exceed the
   80  maximum rates imposed by the ordinances of the respective county
   81  or municipality under ss. 125.0103(1)(c) and 166.043(1)(c). This
   82  paragraph does not limit the amount of a mobile home transport
   83  company’s lien claimed under subsection (2) or prevent a mobile
   84  home transport company from seeking civil remedies for
   85  enforcement of the entire amount of the lien, but limits only
   86  that portion of the lien for which the department will prevent
   87  issuance of a revalidation sticker.
   88         Section 6. This act shall take effect July 1, 2024.