Florida Senate - 2017                        COMMITTEE AMENDMENT
       Bill No. CS for SB 282
       
       
       
       
       
       
                                Ì273438=Î273438                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  04/13/2017           .                                
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       Appropriations Subcommittee on Finance and Tax (Artiles)
       recommended the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Section 125.01047, Florida Statutes, is created
    6  to read:
    7         125.01047Rules and ordinances relating to towing or
    8  storage services.—
    9         (1)A county may not enact an ordinance or rule that would
   10  impose a fee or charge on an authorized wrecker operator, as
   11  defined in s. 323.002(1), or a vehicle storage company for
   12  towing, storing, or impounding a vehicle by the wrecker operator
   13  or vehicle storage company.
   14         (2)The prohibition set forth in subsection (1) does not
   15  affect a county’s authority to:
   16         (a)Levy a reasonable business tax under s. 205.0315, s.
   17  205.033, or s. 205.0535.
   18         (b)Impose a reasonable fee or charge, not to exceed the
   19  maximum rates approved by ordinance or rule under s. 125.0103 or
   20  s. 166.043, on the legal owner of a vehicle if a county law
   21  enforcement officer has caused the owner’s vehicle to be towed
   22  to and impounded at a facility owned by the county.
   23         Section 2. Section 166.04465, Florida Statutes, is created
   24  to read:
   25         166.04465Rules and ordinances relating to towing or
   26  storage services.—
   27         (1)A municipality may not enact an ordinance or rule that
   28  would impose a fee or charge on an authorized wrecker operator,
   29  as defined in s. 323.002(1), or a vehicle storage company for
   30  towing, storing, or impounding a vehicle by the wrecker operator
   31  or vehicle storage company.
   32         (2)The prohibition set forth in subsection (1) does not
   33  affect a municipality’s authority to:
   34         (a)Levy a reasonable business tax under s. 205.0315, s.
   35  205.043, or s. 205.0535.
   36         (b)Impose a reasonable fee or charge, not to exceed the
   37  maximum rates approved by ordinance or rule under s. 125.0103 or
   38  s. 166.043, on the legal owner of a vehicle if a municipal law
   39  enforcement officer has caused the owner’s vehicle to be towed
   40  to and impounded at a facility owned by the municipality.
   41         Section 3. Subsection (5) is added to section 323.002,
   42  Florida Statutes, to read:
   43         323.002 County and municipal wrecker operator systems;
   44  penalties for operation outside of system.—
   45         (5)(a)Except as provided in paragraph (b), a county or
   46  municipality may not adopt or maintain in effect an ordinance or
   47  rule that imposes a charge, cost, expense, fine, fee, or
   48  penalty, other than the reasonable costs of towing and storage
   49  incurred by an authorized wrecker operator, on the registered
   50  owner or lienholder of a vehicle removed and impounded by an
   51  authorized wrecker operator under this chapter.
   52         (b)A county or municipality may impose a reasonable fee or
   53  charge for towing and storage expenses, not to exceed the
   54  maximum rates approved by ordinance or rule under s. 125.0103 or
   55  s. 166.043, on the legal owner of a vehicle if a county or
   56  municipal law enforcement officer has caused the owner’s vehicle
   57  to be towed to and impounded at a facility owned by the county
   58  or municipality.
   59         Section 4. This act shall take effect July 1, 2017.
   60  
   61  ================= T I T L E  A M E N D M E N T ================
   62  And the title is amended as follows:
   63         Delete everything before the enacting clause
   64  and insert:
   65                        A bill to be entitled                      
   66         An act relating to towing and storage fees; creating
   67         ss. 125.01047 and 166.04465, F.S.; prohibiting
   68         counties and municipalities from enacting certain
   69         ordinances or rules to impose a fee or charge on
   70         wrecker operators or vehicle storage companies;
   71         providing exceptions; amending s. 323.002, F.S.;
   72         prohibiting counties and municipalities from imposing
   73         additional charges, costs, expenses, fines, fees, or
   74         penalties on a registered owner or lienholder of a
   75         vehicle; providing an exception; providing an
   76         effective date.