Florida Senate - 2017 SB 282
By Senator Artiles
40-00342-17 2017282__
1 A bill to be entitled
2 An act relating to towing and storage fees; creating
3 ss. 125.01047 and 166.04465, F.S.; prohibiting
4 counties and municipalities from enacting certain
5 ordinances or rules to impose a fee or charge on
6 wrecker operators or vehicle storage companies;
7 providing exceptions; providing an effective date.
8
9 Be It Enacted by the Legislature of the State of Florida:
10
11 Section 1. Section 125.01047, Florida Statutes, is created
12 to read:
13 125.01047 Rules and ordinances relating to towing or
14 storage services.—
15 (1) A county may not enact an ordinance or rule that would
16 impose a fee or charge on an authorized wrecker operator, as
17 defined in s. 323.002(1), or a vehicle storage company for
18 towing, storing, or impounding a vehicle by the wrecker operator
19 or vehicle storage company. This prohibition applies to and
20 includes, but is not limited to, situations where:
21 (a) The county contacts the wrecker operator or the vehicle
22 storage company to provide such services.
23 (b) A county law enforcement officer causes a vehicle to be
24 towed, stored, or impounded after an accident or after the
25 vehicle has become disabled.
26 (c) A vehicle is towed, stored, or impounded as a result of
27 the commission or attempted commission of a crime or
28 misdemeanor.
29 (d) A county law enforcement officer causes a vehicle to be
30 towed, stored, or impounded when the owner or operator is
31 incapacitated.
32 (e) A vehicle is towed at the request of a person who is
33 not a law enforcement officer or at the request of a person as
34 set forth in s. 715.07(2).
35 (2) The prohibition set forth in subsection (1) does not
36 affect a county’s authority to:
37 (a) Levy a reasonable business tax under s. 205.0315, s.
38 205.033, or s. 205.0535.
39 (b) Impose a reasonable fee or charge, not to exceed the
40 maximum rates approved by ordinance or rule under s. 125.0103 or
41 s. 166.043, on the legal owner of a vehicle if a county law
42 enforcement officer has caused the owner’s vehicle to be towed
43 to and impounded at a facility owned by the county.
44 Section 2. Section 166.04465, Florida Statutes, is created
45 to read:
46 166.04465 Rules and ordinances relating to towing or
47 storage services.—
48 (1) A municipality may not enact an ordinance or rule that
49 would impose a fee or charge on an authorized wrecker operator,
50 as defined in s. 323.002(1), or a vehicle storage company for
51 towing, storing, or impounding a vehicle by the wrecker operator
52 or vehicle storage company. This prohibition applies to and
53 includes, but is not limited to, situations where:
54 (a) The municipality contacts the wrecker operator or the
55 vehicle storage company to provide such services.
56 (b) A municipal law enforcement officer causes a vehicle to
57 be towed, stored, or impounded after an accident or after a
58 vehicle has become disabled.
59 (c) A vehicle is towed, stored, or impounded as a result of
60 the commission or attempted commission of a crime or
61 misdemeanor.
62 (d) A municipal law enforcement officer causes a vehicle to
63 be towed, stored, or impounded when the owner or operator is
64 incapacitated.
65 (e) A vehicle is towed at the request of a person who is
66 not a law enforcement officer or at the request of a person as
67 set forth in s. 715.07(2).
68 (2) The prohibition set forth in subsection (1) does not
69 affect a municipality’s authority to:
70 (a) Levy a reasonable business tax under s. 205.0315, s.
71 205.043, or s. 205.0535.
72 (b) Impose a reasonable fee or charge, not to exceed the
73 maximum rates approved by ordinance or rule under s. 125.0103 or
74 s. 166.043, on the legal owner of a vehicle if a municipal law
75 enforcement officer has caused the owner’s vehicle to be towed
76 to and impounded at a facility owned by the municipality.
77 Section 3. This act shall take effect July 1, 2017.