CODING: Words stricken are deletions; words underlined are additions.





                                                   HOUSE AMENDMENT

                          Bill No. CS for CS for SB 1270, 2nd Eng.

    Amendment No.     (for drafter's use only)

                            CHAMBER ACTION
              Senate                               House
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 5                                           ORIGINAL STAMP BELOW

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10                                                                

11  Representative(s) Bloom offered the following:

12

13         Amendment (with title amendment) 

14         On page 7, line 23,

15

16  insert:

17         Section 1.  Subsection (1) of section 125.0103, Florida

18  Statutes, 1998 Supplement, is amended to read:

19         125.0103  Ordinances and rules imposing price controls;

20  findings required; procedures.--

21         (1)(a)  Except as hereinafter provided, no county,

22  municipality, or other entity of local government shall adopt

23  or maintain in effect an ordinance or a rule which has the

24  effect of imposing price controls upon a lawful business

25  activity which is not franchised by, owned by, or under

26  contract with, the governmental agency, unless specifically

27  provided by general law.

28         (b)  The provisions of this section shall not prevent

29  the enactment by local governments of public service rates

30  otherwise authorized by law, including water, sewer, solid

31  waste, public transportation, taxicab, or port rates, rates

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    File original & 9 copies    04/30/99
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                                                   HOUSE AMENDMENT

                          Bill No. CS for CS for SB 1270, 2nd Eng.

    Amendment No.     (for drafter's use only)





 1  for towing of vehicles from or immobilization of vehicles on

 2  private property, or rates for removal and storage of wrecked

 3  or disabled vehicles from an accident scene or the removal and

 4  storage of vehicles if the owner or operator is incapacitated,

 5  unavailable, leaves the procurement of wrecker service to the

 6  law enforcement officer at the scene, or otherwise does not

 7  consent to the removal of the vehicle.

 8         (c)  Counties must establish maximum rates fees which

 9  may be charged on the towing of vehicles from or

10  immobilization of vehicles on private property, removal and

11  storage of wrecked or disabled vehicles from an accident scene

12  or for the removal and storage of vehicles, in the event the

13  owner or operator is incapacitated, unavailable, leaves the

14  procurement of wrecker service to the law enforcement officer

15  at the scene, or otherwise does not consent to the removal of

16  the vehicle. However, if a municipality enacts an ordinance

17  establishing the maximum fees for the towing or immobilization

18  of vehicles as provided in paragraph (b), the county's

19  ordinance does not apply within that municipality.

20         Section 2.  Subsection (1) of section 166.043, Florida

21  Statutes, 1998 Supplement, is amended to read:

22         166.043  Ordinances and rules imposing price controls;

23  findings required; procedures.--

24         (1)(a)  Except as hereinafter provided, no county,

25  municipality, or other entity of local government shall adopt

26  or maintain in effect an ordinance or a rule which has the

27  effect of imposing price controls upon a lawful business

28  activity which is not franchised by, owned by, or under

29  contract with, the governmental agency, unless specifically

30  provided by general law.

31         (b)  The provisions of this section shall not prevent

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    File original & 9 copies    04/30/99
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                                                   HOUSE AMENDMENT

                          Bill No. CS for CS for SB 1270, 2nd Eng.

    Amendment No.     (for drafter's use only)





 1  the enactment by local governments of public service rates

 2  otherwise authorized by law, including water, sewer, solid

 3  waste, public transportation, taxicab, or port rates, rates

 4  for towing of vehicles from or immobilization of vehicles on

 5  private property, or rates for removal and storage of wrecked

 6  or disabled vehicles from an accident scene or the removal and

 7  storage of vehicles if the owner or operator is incapacitated,

 8  unavailable, leaves the procurement of wrecker service to the

 9  law enforcement officer at the scene, or otherwise does not

10  consent to the removal of the vehicle.

11         (c)  Counties must establish maximum rates fees which

12  may be charged on the towing of vehicles from or

13  immobilization of vehicles on private property, removal and

14  storage of wrecked or disabled vehicles from an accident scene

15  or for the removal and storage of vehicles, in the event the

16  owner or operator is incapacitated, unavailable, leaves the

17  procurement of wrecker service to the law enforcement officer

18  at the scene, or otherwise does not consent to the removal of

19  the vehicle. However, if a municipality enacts an ordinance

20  establishing the maximum fees for the towing or immobilization

21  of vehicles as provided in paragraph (b), the county's

22  ordinance established under s. 125.0103 does not apply within

23  that municipality.

24         Section 3.  The provisions of this act are declared to

25  be severable. If any provision of s. 125.0103 or s. 166.043,

26  Florida Statutes, as amended by this act is determined to be

27  invalid, such invalidity shall not affect the validity of the

28  remaining sections of this act, which sections express the

29  primary intent of the Legislature in enacting this act.

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    File original & 9 copies    04/30/99
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                                                   HOUSE AMENDMENT

                          Bill No. CS for CS for SB 1270, 2nd Eng.

    Amendment No.     (for drafter's use only)





 1  ================ T I T L E   A M E N D M E N T ===============

 2  And the title is amended as follows:

 3         On page 1, line 3,

 4

 5  after "safety;" insert:

 6         amending ss. 125.0103 and 166.043, F.S.;

 7         providing for local governments to adopt rates

 8         for the towing, removal, and storage of certain

 9         vehicles; providing severability;

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    File original & 9 copies    04/30/99
    hbd0001                     03:13 pm         01270-0106-734303