Florida Senate - 2017 COMMITTEE AMENDMENT
Bill No. CS for SB 282
Ì949626GÎ949626
LEGISLATIVE ACTION
Senate . House
Comm: WD .
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:
7 125.01047 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), a towing business, or a vehicle
12 storage company for towing, storing, or impounding a vehicle by
13 the wrecker operator, towing business, or vehicle storage
14 company.
15 (2) The prohibition set forth in subsection (1) does not
16 affect a county’s authority to:
17 (a) Levy a reasonable business tax under s. 205.0315, s.
18 205.033, or s. 205.0535.
19 (b) Impose a reasonable administrative fee or charge, not
20 to exceed 30 percent of the maximum rates approved by ordinance
21 or rule under s. 125.0103 or s. 166.043, on the legal owner of a
22 vehicle which may be collected by an authorized wrecker
23 operator, as defined in s. 323.002(1), a towing business, or
24 vehicle storage company on behalf of the county if a county law
25 enforcement officer or parking enforcement specialist has caused
26 the owner’s vehicle to be towed.
27 Section 2. Section 166.04465, Florida Statutes, is created
28 to read:
29 166.04465 Rules and ordinances relating to towing or
30 storage services.—
31 (1) A municipality may not enact an ordinance or rule that
32 would impose a fee or charge on an authorized wrecker operator,
33 as defined in s. 323.002(1), a towing business, or a vehicle
34 storage company for towing, storing, or impounding a vehicle by
35 the wrecker operator, towing business, or vehicle storage
36 company.
37 (2) The prohibition set forth in subsection (1) does not
38 affect a municipality’s authority to:
39 (a) Levy a reasonable business tax under s. 205.0315, s.
40 205.043, or s. 205.0535.
41 (b) Impose a reasonable administrative fee or charge, not
42 to exceed 30 percent of the maximum rates approved by ordinance
43 or rule under s. 125.0103 or s. 166.043, on the legal owner of a
44 vehicle which may be collected by an authorized wrecker
45 operator, as defined in s. 323.002(1), a towing business, or
46 vehicle storage company on behalf of the municipality if a
47 municipal law enforcement officer or parking enforcement
48 specialist has caused the owner’s vehicle to be towed.
49 Section 3. Subsection (5) is added to section 323.002,
50 Florida Statutes, to read:
51 323.002 County and municipal wrecker operator systems;
52 penalties for operation outside of system.—
53 (5)(a) Except as provided in paragraph (b), a county or
54 municipality may not adopt or maintain in effect an ordinance or
55 rule that imposes a charge, cost, expense, fine, fee, or
56 penalty, other than the reasonable costs of towing and storage
57 incurred by an authorized wrecker operator, on the registered
58 owner or lienholder of a vehicle removed and impounded by an
59 authorized wrecker operator under this chapter.
60 (b) A county or municipality may impose a reasonable
61 administrative fee or charge, not to exceed 30 percent of the
62 maximum rates approved by ordinance or rule under s. 125.0103 or
63 s. 166.043, on the legal owner of a vehicle which may be
64 collected by an authorized wrecker operator on behalf of a
65 county or municipality if a county or municipal law enforcement
66 officer or parking enforcement specialist has caused the owner’s
67 vehicle to be towed.
68 Section 4. This act shall take effect July 1, 2017.
69
70 ================= T I T L E A M E N D M E N T ================
71 And the title is amended as follows:
72 Delete everything before the enacting clause
73 and insert:
74 A bill to be entitled
75 An act relating to towing and storage fees; creating
76 ss. 125.01047 and 166.04465, F.S.; prohibiting
77 counties and municipalities from enacting certain
78 ordinances or rules that impose a fee or charge on
79 wrecker operators, towing businesses, or vehicle
80 storage companies; providing exceptions; amending s.
81 323.002, F.S.; prohibiting counties and municipalities
82 from imposing additional charges, costs, expenses,
83 fines, fees, or penalties on a registered owner or
84 lienholder of a vehicle; providing an exception;
85 providing an effective date.