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.