Florida Senate - 2017 COMMITTEE AMENDMENT Bill No. CS for SB 282 Ì273438=Î273438 LEGISLATIVE ACTION Senate . House Comm: RCS . 04/13/2017 . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— 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: 7 125.01047 Rules 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: 25 166.04465 Rules 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.