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





                                                  SENATE AMENDMENT

    Bill No. SB 966

    Amendment No.    

                            CHAMBER ACTION
              Senate                               House
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10                                                                

11  Senator Casas moved the following amendment to amendment

12  (643858):

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14         Senate Amendment (with title amendment) 

15         On page 1, between lines 16 and 17,

16

17  insert:

18         Section 2.  Paragraphs (b) and (c) of subsection (1) of

19  section 125.0103, Florida Statutes, 1998 Supplement, are

20  amended to read:

21         125.0103  Ordinances and rules imposing price controls;

22  findings required; procedures.--

23         (1)

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

25  the enactment by local governments of public service rates

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

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

28  for towing of vehicles from or immobilization of vehicles on

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

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

31  storage of vehicles in the event the owner or operator is

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                                                  SENATE AMENDMENT

    Bill No. SB 966

    Amendment No.    





 1  incapacitated, unavailable, leaves the procurement of wrecker

 2  service to the law enforcement officer at the scene, or

 3  otherwise does not consent to the removal of the vehicle.

 4         (c)  Counties must establish maximum rates fees which

 5  may be charged on the towing of vehicles from or

 6  immobilization of vehicles on private property, removal and

 7  storage of wrecked or disabled vehicles from an accident scene

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

 9  owner or operator is incapacitated, unavailable, leaves the

10  procurement of wrecker service to the law enforcement officer

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

12  the vehicle. However, if a municipality chooses to enact an

13  ordinance establishing the maximum fees for the towing or

14  immobilization of vehicles as described in paragraph (b), the

15  county's ordinance shall not apply within such municipality.

16         Section 3.  Paragraphs (b) and (c) of subsection (1) of

17  section 166.043, Florida Statutes, 1998 Supplement, are

18  amended to read:

19         166.043  Ordinances and rules imposing price controls;

20  findings required; procedures.--

21         (1)

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

23  the enactment by local governments of public service rates

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

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

26  for towing of vehicles from or immobilization of vehicles on

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

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

29  storage of vehicles 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

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                                                  SENATE AMENDMENT

    Bill No. SB 966

    Amendment No.    





 1  otherwise does not consent to the removal of the vehicle.

 2         (c)  Counties must establish maximum rates fees which

 3  may be charged on the towing of vehicles from or

 4  immobilization of vehicles on private property, removal and

 5  storage of wrecked or disabled vehicles from an accident scene

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

 7  owner or operator is incapacitated, unavailable, leaves the

 8  procurement of wrecker service to the law enforcement officer

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

10  the vehicle. However, if a municipality chooses to enact an

11  ordinance establishing the maximum fees for the towing or

12  immobilization of vehicles as described in paragraph (b), the

13  county's ordinance established under s. 125.0103 shall not

14  apply within such municipality.

15         Section 4.  If any provision of section 2 or section 3

16  of this act or the application thereof to any person or

17  circumstance is held invalid, the invalidity does not affect

18  other provisions or applications of the act which can be given

19  effect without the invalid provision or application, and to

20  this end the provisions of this act are declared severable.

21

22  (Redesignate subsequent sections.)

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24

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

26  And the title is amended as follows:

27         On page 10, line 26,

28

29  insert:

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

31         authorizing local governments to enact public

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                                                  SENATE AMENDMENT

    Bill No. SB 966

    Amendment No.    





 1         service rates for the towing or immobilization

 2         of vehicles; providing for inapplicability of

 3         county rates for such activities in certain

 4         municipalities; providing for severability;

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