Florida Senate - 2018 SB 1632 By Senator Mayfield 17-01484B-18 20181632__ 1 A bill to be entitled 2 An act relating to towing and immobilization fees and 3 charges; amending ss. 125.0103 and 166.043, F.S.; 4 expanding the application of certain provisions 5 related to ordinances and rules imposing price 6 controls to include the towing or immobilization of 7 vessels; establishing a maximum rate that counties and 8 municipalities may charge for the immobilization of 9 vehicles or vessels under certain conditions; defining 10 the term “immobilize”; creating ss. 125.01047 and 11 166.04465, F.S.; prohibiting counties and 12 municipalities from enacting certain ordinances or 13 rules that impose fees or charges on authorized 14 wrecker operators or towing businesses; defining the 15 term “towing business”; providing exceptions to the 16 prohibition; amending s. 323.002, F.S.; prohibiting 17 counties and municipalities from imposing charges, 18 costs, expenses, fines, fees, or penalties on 19 registered owners, other legally authorized persons in 20 control, or lienholders of vehicles or vessels under 21 certain conditions; providing an exception; amending 22 s. 713.78, F.S.; authorizing certain persons to place 23 liens on vehicles or vessels to recover specified fees 24 or charges; providing an effective date. 25 26 Be It Enacted by the Legislature of the State of Florida: 27 28 Section 1. Paragraphs (b) and (c) of subsection (1) of 29 section 125.0103, Florida Statutes, are amended to read: 30 125.0103 Ordinances and rules imposing price controls; 31 findings required; procedures.— 32 (1) 33 (b) The provisions of this section shall not prevent the 34 enactment by local governments of public service rates otherwise 35 authorized by law, including water, sewer, solid waste, public 36 transportation, taxicab, or port rates, rates for towing of 37 vehicles or vessels from or immobilization of vehicles or 38 vessels on private property, or rates for removal and storage of 39 wrecked or disabled vehicles or vessels from an accident scene 40 or the removal and storage of vehicles or vessels in the event 41 the owner or operator is incapacitated, unavailable, leaves the 42 procurement of wrecker service to the law enforcement officer at 43 the scene, or otherwise does not consent to the removal of the 44 vehicle or vessel. 45 (c) Counties must establish maximum rates which may be 46 charged on the towing of vehicles or vessels from or 47 immobilization of vehicles or vessels on private property, 48 removal and storage of wrecked or disabled vehicles or vessels 49 from an accident scene or for the removal and storage of 50 vehicles or vessels, in the event the owner or operator is 51 incapacitated, unavailable, leaves the procurement of wrecker 52 service to the law enforcement officer at the scene, or 53 otherwise does not consent to the removal of the vehicle or 54 vessel. The maximum rate to immobilize a vehicle or vessel on 55 public or private property may not exceed 20 percent of the 56 maximum rate to tow a vehicle or vessel from private property. 57 However, if a municipality chooses to enact an ordinance 58 establishing the maximum ratesfeesfor the towing or 59 immobilization of vehicles or vessels as described in paragraph 60 (b), the county’s ordinance shall not apply within such 61 municipality. For purposes of this paragraph, the term 62 “immobilize” means the act of rendering a vehicle or vessel 63 inoperable by the use of a device such as a “boot” or “club,” 64 the “Barnacle,” or any other device that renders a vehicle or 65 vessel inoperable. 66 Section 2. Section 125.01047, Florida Statutes, is created 67 to read: 68 125.01047 Rules and ordinances relating to towing 69 services.— 70 (1) A county may not enact an ordinance or rule that would 71 impose a fee or charge on an authorized wrecker operator, as 72 defined in s. 323.002(1), or on a towing business for towing, 73 impounding, or storing a vehicle or vessel. As used in this 74 section, the term “towing business” means a business that 75 provides towing services for monetary gain. 76 (2) The prohibition set forth in subsection (1) does not 77 affect a county’s authority to: 78 (a) Levy a reasonable business tax under s. 205.0315, s. 79 205.033, or s. 205.0535. 80 (b) Impose and collect a reasonable administrative fee or 81 charge on the registered owner or other legally authorized 82 person in control of a vehicle or vessel, or the lienholder of a 83 vehicle or vessel, not to exceed 25 percent of the maximum 84 towing rate, to cover the cost of enforcement, including parking 85 enforcement, by the county when the vehicle or vessel is towed 86 from public property. However, an authorized wrecker operator or 87 towing business may impose and collect the administrative fee or 88 charge on behalf of the county and shall remit such fee or 89 charge to the county only after it is collected. 90 Section 3. Paragraphs (b) and (c) of subsection (1) of 91 section 166.043, Florida Statutes, are amended to read: 92 166.043 Ordinances and rules imposing price controls; 93 findings required; procedures.— 94 (1) 95 (b) The provisions of this section shall not prevent the 96 enactment by local governments of public service rates otherwise 97 authorized by law, including water, sewer, solid waste, public 98 transportation, taxicab, or port rates, rates for towing of 99 vehicles or vessels from or immobilization of vehicles or 100 vessels on private property, or rates for removal and storage of 101 wrecked or disabled vehicles or vessels from an accident scene 102 or the removal and storage of vehicles or vessels in the event 103 the owner or operator is incapacitated, unavailable, leaves the 104 procurement of wrecker service to the law enforcement officer at 105 the scene, or otherwise does not consent to the removal of the 106 vehicle or vessel. 107 (c) Counties must establish maximum rates which may be 108 charged on the towing of vehicles or vessels from or 109 immobilization of vehicles or vessels on private property, 110 removal and storage of wrecked or disabled vehicles or vessels 111 from an accident scene or for the removal and storage of 112 vehicles or vessels, in the event the owner or operator is 113 incapacitated, unavailable, leaves the procurement of wrecker 114 service to the law enforcement officer at the scene, or 115 otherwise does not consent to the removal of the vehicle or 116 vessel. The maximum rate to immobilize a vehicle or vessel on 117 public or private property may not exceed 20 percent of the 118 maximum rate to tow a vehicle or vessel from private property. 119 However, if a municipality chooses to enact an ordinance 120 establishing the maximum ratesfeesfor the towing or 121 immobilization of vehicles or vessels as described in paragraph 122 (b), the county’s ordinance established under s. 125.0103 shall 123 not apply within such municipality. For purposes of this 124 paragraph, the term “immobilize” means the act of rendering a 125 vehicle or vessel inoperable by the use of a device such as a 126 “boot” or “club,” the “Barnacle,” or any other device that 127 renders a vehicle or vessel inoperable. 128 Section 4. Section 166.04465, Florida Statutes, is created 129 to read: 130 166.04465 Rules and ordinances relating to towing 131 services.— 132 (1) A municipality may not enact an ordinance or rule that 133 would impose a fee or charge on an authorized wrecker operator, 134 as defined in s. 323.002(1), or on a towing business for towing, 135 impounding, or storing a vehicle or vessel. As used in this 136 section, the term “towing business” means a business that 137 provides towing services for monetary gain. 138 (2) The prohibition set forth in subsection (1) does not 139 affect a municipality’s authority to: 140 (a) Levy a reasonable business tax under s. 205.0315, s. 141 205.043, or s. 205.0535. 142 (b) Impose and collect a reasonable administrative fee or 143 charge on the registered owner or other legally authorized 144 person in control of a vehicle or vessel, or the lienholder of a 145 vehicle or vessel, not to exceed 25 percent of the maximum 146 towing rate, to cover the cost of enforcement, including parking 147 enforcement, by the municipality when the vehicle or vessel is 148 towed from public property. However, an authorized wrecker 149 operator or towing business may impose and collect the 150 administrative fee or charge on behalf of the municipality and 151 shall remit such fee or charge to the municipality only after it 152 is collected. 153 Section 5. Subsection (4) of section 323.002, Florida 154 Statutes, is renumbered as subsection (5), and a new subsection 155 (4) is added to that section, to read: 156 323.002 County and municipal wrecker operator systems; 157 penalties for operation outside of system.— 158 (4)(a) Except as provided in paragraph (b), a county or 159 municipality may not adopt or maintain in effect an ordinance or 160 rule that imposes a charge, cost, expense, fine, fee, or penalty 161 on a registered owner or other legally authorized person in 162 control of a vehicle or vessel, or the lienholder of a vehicle 163 or vessel, when the vehicle or vessel is towed by an authorized 164 wrecker operator under this chapter. 165 (b) A county or municipality may adopt or maintain an 166 ordinance or rule that imposes a reasonable administrative fee 167 or charge on the registered owner or other legally authorized 168 person in control of a vehicle or vessel, or the lienholder of a 169 vehicle or vessel, which is towed by an authorized wrecker 170 operator, not to exceed 25 percent of the maximum towing rate, 171 to cover the cost of enforcement, including parking enforcement, 172 by the county or municipality when the vehicle or vessel is 173 towed from public property. However, an authorized wrecker 174 operator or towing business may impose and collect the 175 administrative fee or charge on behalf of the county or 176 municipality and shall remit such fee or charge to the county or 177 municipality only after it is collected. 178 Section 6. Subsection (2) of section 713.78, Florida 179 Statutes, is amended to read: 180 713.78 Liens for recovering, towing, or storing vehicles 181 and vessels.— 182 (2) Whenever a person regularly engaged in the business of 183 transporting vehicles or vessels by wrecker, tow truck, or car 184 carrier recovers, removes, or stores a vehicle or vessel upon 185 instructions from: 186 (a) The owner thereof; 187 (b) The owner or lessor, or a person authorized by the 188 owner or lessor, of property on which such vehicle or vessel is 189 wrongfully parked, and the removal is done in compliance with s. 190 715.07; 191 (c) The landlord or a person authorized by the landlord, 192 when such motor vehicle or vessel remained on the premises after 193 the tenancy terminated and the removal is done in compliance 194 with s. 83.806 or s. 715.104; or 195 (d) Any law enforcement agency, 196 197 she or he shall have a lien on the vehicle or vessel for a 198 reasonable towing fee, for a reasonable administrative fee or 199 charge imposed by a county or municipality, and for a reasonable 200 storage fee; except that no storage fee shall be charged if the 201 vehicle or vessel is stored for less than 6 hours. 202 Section 7. This act shall take effect July 1, 2018.