Florida Senate - 2019                        COMMITTEE AMENDMENT
       Bill No. CS for SB 1792
       
       
       
       
       
       
                                Ì658588iÎ658588                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                   Comm: RS            .                                
                  04/03/2019           .                                
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       The Committee on Infrastructure and Security (Gruters)
       recommended the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Paragraphs (b) and (c) of subsection (1) of
    6  section 125.0103, Florida Statutes, are amended to read:
    7         125.0103 Ordinances and rules imposing price controls;
    8  findings required; procedures.—
    9         (1)
   10         (b) The provisions of This section does shall not prevent
   11  the enactment by local governments of public service rates
   12  otherwise authorized by law, including water, sewer, solid
   13  waste, public transportation, taxicab, or port rates, rates for
   14  towing of vehicles or vessels that are located on land from or
   15  immobilization of vehicles or vessels on private property, or
   16  rates for removal and storage of wrecked or disabled vehicles or
   17  vessels from an accident scene or the removal and storage of
   18  vehicles or vessels in the event the owner or operator is
   19  incapacitated, unavailable, leaves the procurement of wrecker
   20  service to the law enforcement officer at the scene, or
   21  otherwise does not consent to the removal of the vehicle or
   22  vessel.
   23         (c) Counties must establish maximum rates which may be
   24  charged on the towing of vehicles or vessels from or
   25  immobilization of vehicles or vessels on private property,
   26  removal and storage of wrecked or disabled vehicles or vessels
   27  from an accident scene or for the removal and storage of
   28  vehicles or vessels, in the event the owner or operator is
   29  incapacitated, unavailable, leaves the procurement of wrecker
   30  service to the law enforcement officer at the scene, or
   31  otherwise does not consent to the removal of the vehicle or
   32  vessel. However, if a municipality chooses to enact an ordinance
   33  establishing the maximum rates fees for the towing or
   34  immobilization of vehicles or vessels as described in paragraph
   35  (b), the county’s ordinance shall not apply within such
   36  municipality.
   37         Section 2. Section 125.01047, Florida Statutes, is created
   38  to read:
   39         125.01047 Rules and ordinances relating to towing
   40  services.—
   41         (1) A county may not enact an ordinance or rule that would
   42  impose a fee or charge on an authorized wrecker operator, as
   43  defined in s. 323.002(1), or on a towing business for towing,
   44  impounding, or storing a vehicle or vessel. As used in this
   45  section, the term “towing business” means a business that
   46  provides towing services for monetary gain.
   47         (2) The prohibition imposed in subsection (1) does not
   48  affect a county’s authority to:
   49         (a) Levy a reasonable business tax under s. 205.0315, s.
   50  205.033, or s. 205.0535.
   51         (b) Impose and collect a reasonable administrative fee or
   52  charge on the registered owner or other legally authorized
   53  person in control of a vehicle or vessel, or the lienholder of a
   54  vehicle or vessel, not to exceed 25 percent of the maximum
   55  towing rate, to cover the cost of enforcement, including parking
   56  enforcement, by the county when the vehicle or vessel is towed
   57  from public property. However, an authorized wrecker operator or
   58  towing business may impose and collect the administrative fee or
   59  charge on behalf of the county and shall remit such fee or
   60  charge to the county only after it is collected.
   61         (3) This section does not affect an ordinance, resolution,
   62  or regulation enacted on or before January 1, 2019, by a charter
   63  county with a population exceeding 1.3 million according to the
   64  most recent decennial census which relates to the towing,
   65  impounding, removal, or storage of vehicles or vessels,
   66  including any amendment or revision made to such ordinance,
   67  resolution, or regulation after July 1, 2019; however, any
   68  changes to the ordinance, resolution or regulation cannot
   69  include new fees or charges to the towing operator or owner of
   70  the vehicle or vessel.
   71         Section 3. Paragraphs (b) and (c) of subsection (1) of
   72  section 166.043, Florida Statutes, are amended to read:
   73         166.043 Ordinances and rules imposing price controls;
   74  findings required; procedures.—
   75         (1)
   76         (b) The provisions of This section does shall not prevent
   77  the enactment by local governments of public service rates
   78  otherwise authorized by law, including water, sewer, solid
   79  waste, public transportation, taxicab, or port rates, rates for
   80  towing of vehicles or vessels from or immobilization of vehicles
   81  or vessels on private property, or rates for removal and storage
   82  of wrecked or disabled vehicles or vessels from an accident
   83  scene or the removal and storage of vehicles or vessels in the
   84  event the owner or operator is incapacitated, unavailable,
   85  leaves the procurement of wrecker service to the law enforcement
   86  officer at the scene, or otherwise does not consent to the
   87  removal of the vehicle or vessel.
   88         (c) Counties must establish maximum rates which may be
   89  charged on the towing of vehicles or vessels from or
   90  immobilization of vehicles or vessels on private property,
   91  removal and storage of wrecked or disabled vehicles or vessels
   92  from an accident scene or for the removal and storage of
   93  vehicles or vessels, in the event the owner or operator is
   94  incapacitated, unavailable, leaves the procurement of wrecker
   95  service to the law enforcement officer at the scene, or
   96  otherwise does not consent to the removal of the vehicle or
   97  vessel. However, if a municipality chooses to enact an ordinance
   98  establishing the maximum rates fees for the towing or
   99  immobilization of vehicles or vessels as described in paragraph
  100  (b), the county’s ordinance established under s. 125.0103 shall
  101  not apply within such municipality.
  102         Section 4. Section 166.04465, Florida Statutes, is created
  103  to read:
  104         166.04465 Rules and ordinances relating to towing
  105  services.—
  106         (1) A municipality may not enact an ordinance or rule that
  107  would impose a fee or charge on an authorized wrecker operator,
  108  as defined in s. 323.002(1), or on a towing business for towing,
  109  impounding, or storing a vehicle or vessel. As used in this
  110  section, the term “towing business” means a business that
  111  provides towing services for monetary gain.
  112         (2) The prohibition imposed in subsection (1) does not
  113  affect a municipality’s authority to:
  114         (a) Levy a reasonable business tax under s. 205.0315, s.
  115  205.043, or s. 205.0535.
  116         (b) Impose and collect a reasonable administrative fee or
  117  charge on the registered owner or other legally authorized
  118  person in control of a vehicle or vessel, or the lienholder of a
  119  vehicle or vessel, not to exceed 25 percent of the maximum
  120  towing rate, to cover the cost of enforcement, including parking
  121  enforcement, by the municipality when the vehicle or vessel is
  122  towed from public property. However, an authorized wrecker
  123  operator or towing business may impose and collect the
  124  administrative fee or charge on behalf of the municipality and
  125  shall remit such fee or charge to the municipality only after it
  126  is collected.
  127         Section 5. Present subsection (4) of section 323.002,
  128  Florida Statutes, is redesignated as subsection (6), and new
  129  subsections (4) and (5) are added to that section, to read:
  130         323.002 County and municipal wrecker operator systems;
  131  penalties for operation outside of system.—
  132         (4)(a) Except as provided in paragraph (b), a county or
  133  municipality may not adopt or maintain in effect an ordinance or
  134  rule that imposes a charge, cost, expense, fine, fee, or penalty
  135  on an authorized wrecker operator, registered owner or other
  136  legally authorized person in control of a vehicle or vessel, or
  137  the lienholder of a vehicle or vessel, when the vehicle or
  138  vessel is towed by an authorized wrecker operator under this
  139  chapter.
  140         (b) A county or municipality may adopt or maintain an
  141  ordinance or rule that imposes a reasonable administrative fee
  142  or charge on the registered owner or other legally authorized
  143  person in control of a vehicle or vessel, or the lienholder of a
  144  vehicle or vessel, that is towed by an authorized wrecker
  145  operator, not to exceed 25 percent of the maximum towing rate,
  146  to cover the cost of enforcement, including parking enforcement,
  147  by the county or municipality when the vehicle or vessel is
  148  towed from public property. However, an authorized wrecker
  149  operator or towing business may impose and collect the
  150  administrative fee or charge on behalf of the county or
  151  municipality and shall remit such fee or charge to the county or
  152  municipality only after it is collected.
  153         (c) A municipality or county may not enact an ordinance or
  154  rule requiring an authorized wrecker operator to accept checks
  155  as a form of payment.
  156         (5) This section does not affect an ordinance, resolution,
  157  or regulation enacted on or before January 1, 2019, by a charter
  158  county with a population exceeding 1.3 million according to the
  159  most recent decennial census which relates to the towing,
  160  impounding, removal, or storage of vehicles or vessels,
  161  including any amendment or revision made to such ordinance,
  162  resolution, or regulation after July 1, 2019; however, any
  163  changes to the ordinance, resolution, or regulation may not
  164  include new fees or charges to the towing operator or owner of
  165  the vehicle or vessel.
  166         Section 6. Subsection (2) of section 713.78, Florida
  167  Statutes, is amended to read:
  168         713.78 Liens for recovering, towing, or storing vehicles
  169  and vessels.—
  170         (2) Whenever a person regularly engaged in the business of
  171  transporting vehicles or vessels by wrecker, tow truck, or car
  172  carrier recovers, removes, or stores a vehicle or vessel upon
  173  instructions from:
  174         (a) The owner thereof;
  175         (b) The owner or lessor, or a person authorized by the
  176  owner or lessor, of property on which such vehicle or vessel is
  177  wrongfully parked, and the removal is done in compliance with s.
  178  715.07;
  179         (c) The landlord or a person authorized by the landlord,
  180  when such motor vehicle or vessel remained on the premises after
  181  the tenancy terminated and the removal is done in compliance
  182  with s. 83.806 or s. 715.104; or
  183         (d) Any law enforcement agency,
  184  
  185  she or he shall have a lien on the vehicle or vessel for a
  186  reasonable towing fee, for a reasonable administrative fee or
  187  charge imposed by a county or municipality, and for a reasonable
  188  storage fee; except that no storage fee shall be charged if the
  189  vehicle or vessel is stored for less than 6 hours.
  190         Section 7. Subsections (2) and (4) of section 715.07,
  191  Florida Statutes, are amended to read:
  192         715.07 Vehicles or vessels parked on private property;
  193  towing.—
  194         (2) The owner or lessee of real property, or any person
  195  authorized by the owner or lessee, which person may be the
  196  designated representative of the condominium association if the
  197  real property is a condominium, may cause any vehicle or vessel
  198  parked on such property without her or his permission to be
  199  removed by a person regularly engaged in the business of towing
  200  vehicles or vessels, without liability for the costs of removal,
  201  transportation, or storage or damages caused by such removal,
  202  transportation, or storage, under any of the following
  203  circumstances:
  204         (a) The towing or removal of any vehicle or vessel from
  205  private property without the consent of the registered owner or
  206  other legally authorized person in control of that vehicle or
  207  vessel is subject to strict compliance with the following
  208  conditions and restrictions:
  209         1.a. Any towed or removed vehicle or vessel must be stored
  210  at a site within a 10-mile radius of the point of removal in any
  211  county of 500,000 population or more, and within a 15-mile
  212  radius of the point of removal in any county of less than
  213  500,000 population. That site must be open for the purpose of
  214  redemption of vehicles on any day that the person or firm towing
  215  such vehicle or vessel is open for towing purposes, from 8:00
  216  a.m. to 6:00 p.m., and, when closed, shall have prominently
  217  posted a sign indicating a telephone number where the operator
  218  of the site can be reached at all times. Upon receipt of a
  219  telephoned request to open the site to redeem a vehicle or
  220  vessel, the operator shall return to the site within 1 hour or
  221  she or he will be in violation of this section.
  222         b. If no towing business providing such service is located
  223  within the area of towing limitations set forth in sub
  224  subparagraph a., the following limitations apply: any towed or
  225  removed vehicle or vessel must be stored at a site within a 20
  226  mile radius of the point of removal in any county of 500,000
  227  population or more, and within a 30-mile radius of the point of
  228  removal in any county of less than 500,000 population.
  229         2. The person or firm towing or removing the vehicle or
  230  vessel shall, within 30 minutes after completion of such towing
  231  or removal, notify the municipal police department or, in an
  232  unincorporated area, the sheriff, of such towing or removal, the
  233  storage site, the time the vehicle or vessel was towed or
  234  removed, and the make, model, color, and license plate number of
  235  the vehicle or description and registration number of the vessel
  236  and shall obtain the name of the person at that department to
  237  whom such information was reported and note that name on the
  238  trip record.
  239         3. A person in the process of towing or removing a vehicle
  240  or vessel from the premises or parking lot in which the vehicle
  241  or vessel is not lawfully parked must stop when a person seeks
  242  the return of the vehicle or vessel. The vehicle or vessel must
  243  be returned upon the payment of a reasonable service fee of not
  244  more than one-half of the posted rate for the towing or removal
  245  service as provided in subparagraph 6. The vehicle or vessel may
  246  be towed or removed if, after a reasonable opportunity, the
  247  owner or legally authorized person in control of the vehicle or
  248  vessel is unable to pay the service fee. If the vehicle or
  249  vessel is redeemed, a detailed signed receipt must be given to
  250  the person redeeming the vehicle or vessel.
  251         4. A person may not pay or accept money or other valuable
  252  consideration for the privilege of towing or removing vehicles
  253  or vessels from a particular location.
  254         5. Except for property appurtenant to and obviously a part
  255  of a single-family residence, and except for instances when
  256  notice is personally given to the owner or other legally
  257  authorized person in control of the vehicle or vessel that the
  258  area in which that vehicle or vessel is parked is reserved or
  259  otherwise unavailable for unauthorized vehicles or vessels and
  260  that the vehicle or vessel is subject to being removed at the
  261  owner’s or operator’s expense, any property owner or lessee, or
  262  person authorized by the property owner or lessee, prior to
  263  towing or removing any vehicle or vessel from private property
  264  without the consent of the owner or other legally authorized
  265  person in control of that vehicle or vessel, must post a notice
  266  meeting the following requirements:
  267         a. The notice must be prominently placed at each driveway
  268  access or curb cut allowing vehicular access to the property,
  269  within 5 feet from the public right-of-way line. If there are no
  270  curbs or access barriers, the signs must be posted not less than
  271  one sign for each 25 feet of lot frontage.
  272         b. The notice must clearly indicate, in not less than 2
  273  inch high, light-reflective letters on a contrasting background,
  274  that unauthorized vehicles will be towed away at the owner’s
  275  expense. The words “tow-away zone” must be included on the sign
  276  in not less than 4-inch high letters.
  277         c. The notice must also provide the name and current
  278  telephone number of the person or firm towing or removing the
  279  vehicles or vessels.
  280         d. The sign structure containing the required notices must
  281  be permanently installed with the words “tow-away zone” not less
  282  than 3 feet and not more than 6 feet above ground level and must
  283  be continuously maintained on the property for not less than 24
  284  hours prior to the towing or removal of any vehicles or vessels.
  285         e. The local government may require permitting and
  286  inspection of these signs prior to any towing or removal of
  287  vehicles or vessels being authorized.
  288         f. A business with 20 or fewer parking spaces satisfies the
  289  notice requirements of this subparagraph by prominently
  290  displaying a sign stating “Reserved Parking for Customers Only
  291  Unauthorized Vehicles or Vessels Will be Towed Away At the
  292  Owner’s Expense” in not less than 4-inch high, light-reflective
  293  letters on a contrasting background.
  294         g. A property owner towing or removing vessels from real
  295  property must post notice, consistent with the requirements in
  296  sub-subparagraphs a.-f., which apply to vehicles, that
  297  unauthorized vehicles or vessels will be towed away at the
  298  owner’s expense.
  299  
  300  A business owner or lessee may authorize the removal of a
  301  vehicle or vessel by a towing company when the vehicle or vessel
  302  is parked in such a manner that restricts the normal operation
  303  of business; and if a vehicle or vessel parked on a public
  304  right-of-way obstructs access to a private driveway the owner,
  305  lessee, or agent may have the vehicle or vessel removed by a
  306  towing company upon signing an order that the vehicle or vessel
  307  be removed without a posted tow-away zone sign.
  308         6. Any person or firm that tows or removes vehicles or
  309  vessels and proposes to require an owner, operator, or person in
  310  control or custody of a vehicle or vessel to pay the costs of
  311  towing and storage prior to redemption of the vehicle or vessel
  312  must file and keep on record with the local law enforcement
  313  agency a complete copy of the current rates to be charged for
  314  such services and post at the storage site an identical rate
  315  schedule and any written contracts with property owners,
  316  lessees, or persons in control of property which authorize such
  317  person or firm to remove vehicles or vessels as provided in this
  318  section.
  319         7. Any person or firm towing or removing any vehicles or
  320  vessels from private property without the consent of the owner
  321  or other legally authorized person in control or custody of the
  322  vehicles or vessels shall, on any trucks, wreckers as defined in
  323  s. 713.78(1)(c), or other vehicles used in the towing or
  324  removal, have the name, address, and telephone number of the
  325  company performing such service clearly printed in contrasting
  326  colors on the driver and passenger sides of the vehicle. The
  327  name shall be in at least 3-inch permanently affixed letters,
  328  and the address and telephone number shall be in at least 1-inch
  329  permanently affixed letters.
  330         8. Vehicle entry for the purpose of removing the vehicle or
  331  vessel shall be allowed with reasonable care on the part of the
  332  person or firm towing the vehicle or vessel. Such person or firm
  333  shall be liable for any damage occasioned to the vehicle or
  334  vessel if such entry is not in accordance with the standard of
  335  reasonable care.
  336         9. When a vehicle or vessel has been towed or removed
  337  pursuant to this section, it must be released to its owner or
  338  person in control or custody custodian within one hour after
  339  requested. Any vehicle or vessel owner or person in control or
  340  custody has agent shall have the right to inspect the vehicle or
  341  vessel before accepting its return, and no release or waiver of
  342  any kind which would release the person or firm towing the
  343  vehicle or vessel from liability for damages noted by the owner
  344  or the person in control or custody other legally authorized
  345  person at the time of the redemption may be required from any
  346  vehicle or vessel owner or person in control or custody,
  347  custodian, or agent as a condition of release of the vehicle or
  348  vessel to its owner. A detailed, signed receipt showing the
  349  legal name of the company or person towing or removing the
  350  vehicle or vessel must be given to the person paying towing or
  351  storage charges at the time of payment, whether requested or
  352  not.
  353         (b) These requirements are minimum standards and do not
  354  preclude enactment of additional regulations by any municipality
  355  or county including the right to regulate rates when vehicles or
  356  vessels are towed from private property. However, a municipality
  357  or county may not enact an ordinance or rule requiring a towing
  358  business to accept checks as a form of payment. Additionally, a
  359  municipality or county may not authorize attorney fees or court
  360  costs in connection with the towing of vehicles or vessels from
  361  private property. The regulation of attorney fees and court
  362  courts in connection with the towing of vehicles or vessels from
  363  private property is expressly preempted to the state and any
  364  municipal or county ordinance on the subject is void.
  365         (4) When a person improperly causes a vehicle or vessel to
  366  be removed, such person shall be liable to the owner or lessee
  367  of the vehicle or vessel for the cost of removal,
  368  transportation, and storage; any damages resulting from the
  369  removal, transportation, or storage of the vehicle or vessel;
  370  attorney’s fees; and court costs.
  371         Section 8. This act shall take effect July 1, 2019.
  372  
  373  ================= T I T L E  A M E N D M E N T ================
  374  And the title is amended as follows:
  375         Delete everything before the enacting clause
  376  and insert:
  377                        A bill to be entitled                      
  378         An act relating to towing of vehicles and vessels;
  379         amending ss. 125.0103 and 166.043, F.S.; specifying
  380         that local governments may enact rates to tow or
  381         immobilize vessels on private property and to remove
  382         and store vessels under specified circumstances;
  383         creating ss. 125.01047 and 166.04465, F.S.;
  384         prohibiting counties or municipalities from enacting
  385         certain ordinances or rules that impose fees or
  386         charges on authorized wrecker operators or towing
  387         businesses; defining the term “towing business”;
  388         providing exceptions; amending s. 323.002, F.S.;
  389         prohibiting counties or municipalities from imposing
  390         charges, costs, expenses, fines, fees, or penalties on
  391         registered owners, other legally authorized persons in
  392         control, or lienholders of vehicles or vessels under
  393         certain conditions; prohibiting municipalities or
  394         counties from enacting an ordinance or rule requiring
  395         an authorized wrecker operator to accept checks as a
  396         form of payment; providing an exception; amending s.
  397         713.78, F.S.; authorizing certain persons to place
  398         liens on vehicles or vessels to recover specified fees
  399         or charges; amending s. 715.07, F.S.; revising certain
  400         notice and signage requirements; revising requirements
  401         relating to towing and to removing vehicles or vessels
  402         to include persons who are in custody of a vehicle or
  403         of a vessel; prohibiting municipalities or counties
  404         from enacting an ordinance or rule requiring a towing
  405         business to accept checks as a form of payment;
  406         prohibiting municipalities or counties from
  407         authorizing attorney fees or court costs in connection
  408         with the towing of vehicles or vessels from private
  409         property; providing that the regulation of attorney
  410         fees and court courts in connection with the towing of
  411         vehicles or vessels from private property is expressly
  412         preempted to the state and any municipal or county
  413         ordinance on the subject is void; deleting a
  414         requirement related to liability for improper removal
  415         of a vehicle or of a vessel; providing an effective
  416         date.