Bill Text: FL S1332 | 2020 | Regular Session | Comm Sub

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Towing and Immobilizing Vehicles and Vessels

Spectrum: Slight Partisan Bill (? 2-1)

Status: (Introduced - Dead) 2020-03-10 - Laid on Table, refer to CS/CS/HB 133 [S1332 Detail]

Download: Florida-2020-S1332-Comm_Sub.html

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       Florida Senate - 2020                             CS for SB 1332
       
       
        
       By the Committee on Community Affairs; and Senator Hooper
       
       
       
       
       
       578-02443-20                                          20201332c1
    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,
   39         other legally authorized persons in control, or
   40         lienholders of vehicles or vessels under certain
   41         conditions; providing an exception; authorizing
   42         authorized wrecker operators or towing businesses to
   43         impose and collect a certain administrative fee or
   44         charge on behalf of counties or municipalities,
   45         subject to certain requirements; prohibiting counties
   46         or municipalities from enacting certain ordinances or
   47         rules that require authorized wrecker operators to
   48         accept a specified form of payment; requiring that a
   49         wrecker operator maintain an operable automatic teller
   50         machine for use by the public under certain
   51         circumstances; providing exceptions; providing
   52         applicability; authorizing certain charter counties to
   53         impose a charge, cost, expense, fine, fee, or penalty
   54         on an authorized wrecker operator in connection with a
   55         certain violation; amending s. 713.78, F.S.;
   56         authorizing certain persons to place liens on vehicles
   57         or vessels to recover specified fees or charges;
   58         amending s. 715.07, F.S.; revising requirements
   59         regarding notices and signs concerning the towing or
   60         removal of vehicles or vessels; deleting a requirement
   61         that a certain receipt be signed; prohibiting counties
   62         or 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, or the lienholder of a
  119  vehicle or vessel, not to exceed 25 percent of the maximum
  120  towing rate, to cover the cost of enforcement, including parking
  121  enforcement, by the county when the vehicle or vessel is towed
  122  from public property. An authorized wrecker operator or towing
  123  business may impose and collect the administrative fee or charge
  124  on behalf of the county and shall remit such fee or charge to
  125  the county only after it 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, or the
  176  lienholder of a vehicle or vessel. The fee or charge may not
  177  exceed 25 percent of the maximum towing rate to cover the cost
  178  of enforcement, including parking enforcement, by the charter
  179  county when the vehicle or vessel is towed from public property.
  180  The charter county may authorize an authorized wrecker operator
  181  or towing business to impose and collect the administrative fee
  182  or charge on behalf of the charter county, and the authorized
  183  wrecker operator or towing business shall remit such fee or
  184  charge to the charter county only after it is 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, or the lienholder of a
  235  vehicle or vessel, not to exceed 25 percent of the maximum
  236  towing rate, to cover the cost of enforcement, including parking
  237  enforcement, by the municipality when the vehicle or vessel is
  238  towed from public property. An authorized wrecker operator or
  239  towing business may impose and collect the administrative fee or
  240  charge on behalf of the municipality and shall remit such fee or
  241  charge to the 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 other
  251  legally authorized person in control of a vehicle or vessel, or
  252  the lienholder of a vehicle or vessel when the vehicle or vessel
  253  is towed by an authorized 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, or the lienholder of a
  258  vehicle or vessel, that is towed by an authorized wrecker
  259  operator, not to exceed 25 percent of the maximum towing rate,
  260  to cover the cost of enforcement, including parking enforcement,
  261  by the county or municipality when the vehicle or vessel is
  262  towed from public property. An authorized wrecker operator or
  263  towing business may impose and collect the administrative fee or
  264  charge on behalf of the county or municipality and shall remit
  265  such fee or charge to the county or municipality only after it
  266  is collected.
  267         (c) A county or municipality may not enact an ordinance or
  268  rule that requires an authorized wrecker operator to accept a
  269  credit card as a form of payment. However, if an authorized
  270  wrecker operator does not accept a credit card, the wrecker
  271  operator must maintain an operable automatic teller machine for
  272  use by the public at its place of business. This paragraph does
  273  not apply to a county or municipality that adopted an ordinance
  274  or rule before January 1, 2020, requiring an authorized wrecker
  275  operator to accept a credit card as a form of payment.
  276         (5) Subsection (4) does not apply to the towing or
  277  immobilization licensing, regulatory, or enforcement program of
  278  a charter county described in s. 125.01047(3) or (4). Such
  279  charter county may impose a charge, cost, expense, fine, fee, or
  280  penalty on an authorized wrecker operator in connection with a
  281  violation of the towing or immobilization program requirements
  282  as set forth by ordinance, resolution, or regulation.
  283         Section 6. Subsection (2) of section 713.78, Florida
  284  Statutes, is amended to read:
  285         713.78 Liens for recovering, towing, or storing vehicles
  286  and vessels.—
  287         (2) Whenever a person regularly engaged in the business of
  288  transporting vehicles or vessels by wrecker, tow truck, or car
  289  carrier recovers, removes, or stores a vehicle or vessel upon
  290  instructions from:
  291         (a) The owner thereof;
  292         (b) The owner or lessor, or a person authorized by the
  293  owner or lessor, of property on which such vehicle or vessel is
  294  wrongfully parked, and the removal is done in compliance with s.
  295  715.07;
  296         (c) The landlord or a person authorized by the landlord,
  297  when such motor vehicle or vessel remained on the premises after
  298  the tenancy terminated and the removal is done in compliance
  299  with s. 83.806 or s. 715.104; or
  300         (d) Any law enforcement agency,
  301  
  302  she or he shall have a lien on the vehicle or vessel for a
  303  reasonable towing fee, for a reasonable administrative fee or
  304  charge imposed by a county or municipality, and for a reasonable
  305  storage fee; except that a no storage fee may not shall be
  306  charged if the vehicle or vessel is stored for fewer less than 6
  307  hours.
  308         Section 7. Subsection (2) of section 715.07, Florida
  309  Statutes, is amended to read:
  310         715.07 Vehicles or vessels parked on private property;
  311  towing.—
  312         (2) The owner or lessee of real property, or any person
  313  authorized by the owner or lessee, which person may be the
  314  designated representative of the condominium association if the
  315  real property is a condominium, may cause any vehicle or vessel
  316  parked on such property without her or his permission to be
  317  removed by a person regularly engaged in the business of towing
  318  vehicles or vessels, without liability for the costs of removal,
  319  transportation, or storage or damages caused by such removal,
  320  transportation, or storage, under any of the following
  321  circumstances:
  322         (a) The towing or removal of any vehicle or vessel from
  323  private property without the consent of the registered owner or
  324  other legally authorized person in control of that vehicle or
  325  vessel is subject to strict compliance with the following
  326  conditions and restrictions:
  327         1.a. Any towed or removed vehicle or vessel must be stored
  328  at a site within a 10-mile radius of the point of removal in any
  329  county of 500,000 population or more, and within a 15-mile
  330  radius of the point of removal in any county of fewer less than
  331  500,000 population. That site must be open for the purpose of
  332  redemption of vehicles on any day that the person or firm towing
  333  such vehicle or vessel is open for towing purposes, from 8:00
  334  a.m. to 6:00 p.m., and, when closed, shall have prominently
  335  posted a sign indicating a telephone number where the operator
  336  of the site can be reached at all times. Upon receipt of a
  337  telephoned request to open the site to redeem a vehicle or
  338  vessel, the operator shall return to the site within 1 hour or
  339  she or he will be in violation of this section.
  340         b. If no towing business providing such service is located
  341  within the area of towing limitations set forth in sub
  342  subparagraph a., the following limitations apply: any towed or
  343  removed vehicle or vessel must be stored at a site within a 20
  344  mile radius of the point of removal in any county of 500,000
  345  population or more, and within a 30-mile radius of the point of
  346  removal in any county of fewer less than 500,000 population.
  347         2. The person or firm towing or removing the vehicle or
  348  vessel shall, within 30 minutes after completion of such towing
  349  or removal, notify the municipal police department or, in an
  350  unincorporated area, the sheriff, of such towing or removal, the
  351  storage site, the time the vehicle or vessel was towed or
  352  removed, and the make, model, color, and license plate number of
  353  the vehicle or description and registration number of the vessel
  354  and shall obtain the name of the person at that department to
  355  whom such information was reported and note that name on the
  356  trip record.
  357         3. A person in the process of towing or removing a vehicle
  358  or vessel from the premises or parking lot in which the vehicle
  359  or vessel is not lawfully parked must stop when a person seeks
  360  the return of the vehicle or vessel. The vehicle or vessel must
  361  be returned upon the payment of a reasonable service fee of not
  362  more than one-half of the posted rate for the towing or removal
  363  service as provided in subparagraph 6. The vehicle or vessel may
  364  be towed or removed if, after a reasonable opportunity, the
  365  owner or legally authorized person in control of the vehicle or
  366  vessel is unable to pay the service fee. If the vehicle or
  367  vessel is redeemed, a detailed signed receipt must be given to
  368  the person redeeming the vehicle or vessel.
  369         4. A person may not pay or accept money or other valuable
  370  consideration for the privilege of towing or removing vehicles
  371  or vessels from a particular location.
  372         5. Except for property appurtenant to and obviously a part
  373  of a single-family residence, and except for instances when
  374  notice is personally given to the owner or other legally
  375  authorized person in control of the vehicle or vessel that the
  376  area in which that vehicle or vessel is parked is reserved or
  377  otherwise unavailable for unauthorized vehicles or vessels and
  378  that the vehicle or vessel is subject to being removed at the
  379  owner’s or operator’s expense, any property owner or lessee, or
  380  person authorized by the property owner or lessee, before prior
  381  to towing or removing any vehicle or vessel from private
  382  property without the consent of the owner or other legally
  383  authorized person in control of that vehicle or vessel, must
  384  post a notice meeting the following requirements:
  385         a. The notice must be prominently placed at each driveway
  386  access or curb cut allowing vehicular access to the property,
  387  within 10 5 feet from the road as defined in s. 334.03(22)
  388  public right-of-way line. If there are no curbs or access
  389  barriers, the signs must be posted not fewer less than one sign
  390  for each 25 feet of lot frontage.
  391         b. The notice must clearly indicate, in not fewer less than
  392  2-inch high, light-reflective letters on a contrasting
  393  background, that unauthorized vehicles will be towed away at the
  394  owner’s expense. The words “tow-away zone” must be included on
  395  the sign in not fewer less than 4-inch high letters.
  396         c. The notice must also provide the name and current
  397  telephone number of the person or firm towing or removing the
  398  vehicles or vessels.
  399         d. The sign structure containing the required notices must
  400  be permanently installed with the words “tow-away zone” not less
  401  than 3 feet and not more than 6 feet above ground level and must
  402  be continuously maintained on the property for not fewer less
  403  than 24 hours before prior to the towing or removal of any
  404  vehicles or vessels.
  405         e. The local government may require permitting and
  406  inspection of these signs before prior to any towing or removal
  407  of vehicles or vessels being authorized.
  408         f. A business with 20 or fewer parking spaces satisfies the
  409  notice requirements of this subparagraph by prominently
  410  displaying a sign stating “Reserved Parking for Customers Only
  411  Unauthorized Vehicles or Vessels Will be Towed Away At the
  412  Owner’s Expense” in not less than 4-inch high, light-reflective
  413  letters on a contrasting background.
  414         g. A property owner towing or removing vessels from real
  415  property must post notice, consistent with the requirements in
  416  sub-subparagraphs a.-f., which apply to vehicles, that
  417  unauthorized vehicles or vessels will be towed away at the
  418  owner’s expense.
  419  
  420  A business owner or lessee may authorize the removal of a
  421  vehicle or vessel by a towing company when the vehicle or vessel
  422  is parked in such a manner that restricts the normal operation
  423  of business; and if a vehicle or vessel parked on a public
  424  right-of-way obstructs access to a private driveway the owner,
  425  lessee, or agent may have the vehicle or vessel removed by a
  426  towing company upon signing an order that the vehicle or vessel
  427  be removed without a posted tow-away zone sign.
  428         6. Any person or firm that tows or removes vehicles or
  429  vessels and proposes to require an owner, operator, or person in
  430  control or custody of a vehicle or vessel to pay the costs of
  431  towing and storage before prior to redemption of the vehicle or
  432  vessel must file and keep on record with the local law
  433  enforcement agency a complete copy of the current rates to be
  434  charged for such services and post at the storage site an
  435  identical rate schedule and any written contracts with property
  436  owners, lessees, or persons in control of property which
  437  authorize such person or firm to remove vehicles or vessels as
  438  provided in this section.
  439         7. Any person or firm towing or removing any vehicles or
  440  vessels from private property without the consent of the owner
  441  or other legally authorized person in control or custody of the
  442  vehicles or vessels shall, on any trucks, wreckers as defined in
  443  s. 713.78(1)(c), or other vehicles used in the towing or
  444  removal, have the name, address, and telephone number of the
  445  company performing such service clearly printed in contrasting
  446  colors on the driver and passenger sides of the vehicle. The
  447  name shall be in at least 3-inch permanently affixed letters,
  448  and the address and telephone number shall be in at least 1-inch
  449  permanently affixed letters.
  450         8. Vehicle entry for the purpose of removing the vehicle or
  451  vessel shall be allowed with reasonable care on the part of the
  452  person or firm towing the vehicle or vessel. Such person or firm
  453  shall be liable for any damage occasioned to the vehicle or
  454  vessel if such entry is not in accordance with the standard of
  455  reasonable care.
  456         9. When a vehicle or vessel has been towed or removed
  457  pursuant to this section, it must be released to its owner or
  458  person in control or custody custodian within 1 one hour after
  459  requested. Any vehicle or vessel owner or person in control or
  460  custody has agent shall have the right to inspect the vehicle or
  461  vessel before accepting its return, and no release or waiver of
  462  any kind which would release the person or firm towing the
  463  vehicle or vessel from liability for damages noted by the owner
  464  or person in control or custody other legally authorized person
  465  at the time of the redemption may be required from any vehicle
  466  or vessel owner or person in control or custody, custodian, or
  467  agent as a condition of release of the vehicle or vessel to its
  468  owner or person in control or custody. A detailed, signed
  469  receipt showing the legal name of the company or person towing
  470  or removing the vehicle or vessel must be given to the person
  471  paying towing or storage charges at the time of payment, whether
  472  requested or not.
  473         (b) These requirements are minimum standards and do not
  474  preclude enactment of additional regulations by any municipality
  475  or county including the right to regulate rates when vehicles or
  476  vessels are towed from private property, except that a county or
  477  municipality may not enact an ordinance or rule that requires a
  478  towing business to accept a credit card as a form of payment.
  479  However, if a towing business does not accept a credit card, the
  480  towing business must maintain an operable automatic teller
  481  machine for use by the public at its place of business. This
  482  paragraph does not apply to a county or municipality that
  483  adopted an ordinance or rule before January 1, 2020, requiring a
  484  towing business to accept a credit card as a form of payment.
  485         Section 8. This act shall take effect October 1, 2020.