Florida Senate - 2020 SENATOR AMENDMENT Bill No. CS/CS/HB 133, 1st Eng. Ì572656CÎ572656 LEGISLATIVE ACTION Senate . House . . . Floor: 1/F/3R . 03/13/2020 02:25 PM . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— Senator Farmer moved the following: 1 Senate Amendment (with title amendment) 2 3 Delete lines 153 - 207 4 and insert: 5 (5) Notwithstanding any provision of law to the contrary, a 6 county may not enact any ordinance or regulation that prohibits 7 private parking facilities from issuing an invoice or a charge, 8 in lieu of towing, to users of the parking facilities for 9 violating posted rules and rates established by the parking 10 facility as a condition to such use. 11 Section 3. Paragraphs (b) and (c) of subsection (1) of 12 section 166.043, Florida Statutes, are amended to read: 13 166.043 Ordinances and rules imposing price controls; 14 findings required; procedures.— 15 (1) 16 (b)The provisions ofThis section doesshallnot prevent 17 the enactment by local governments of public service rates 18 otherwise authorized by law, including water, sewer, solid 19 waste, public transportation, taxicab, or port rates, rates for 20 towing of vehicles or vessels from or immobilization of vehicles 21 or vessels on private property, or rates for removal and storage 22 of wrecked or disabled vehicles or vessels from an accident 23 scene or the removal and storage of vehicles or vessels in the 24 event the owner or operator is incapacitated, unavailable, 25 leaves the procurement of wrecker service to the law enforcement 26 officer at the scene, or otherwise does not consent to the 27 removal of the vehicle or vessel. 28 (c) Counties must establish maximum rates which may be 29 charged on the towing of vehicles or vessels from or 30 immobilization of vehicles or vessels on private property, 31 removal and storage of wrecked or disabled vehicles or vessels 32 from an accident scene or for the removal and storage of 33 vehicles or vessels, in the event the owner or operator is 34 incapacitated, unavailable, leaves the procurement of wrecker 35 service to the law enforcement officer at the scene, or 36 otherwise does not consent to the removal of the vehicle or 37 vessel. However, if a municipality chooses to enact an ordinance 38 establishing the maximum ratesfeesfor the towing or 39 immobilization of vehicles or vessels as described in paragraph 40 (b), the county’s ordinance established under s. 125.0103 shall 41 not apply within such municipality. 42 Section 4. Section 166.04465, Florida Statutes, is created 43 to read: 44 166.04465 Rules and ordinances relating to towing 45 services.— 46 (1) A municipality may not enact an ordinance or rule that 47 would impose a fee or charge on an authorized wrecker operator, 48 as defined in s. 323.002(1), or on a towing business for towing, 49 impounding, or storing a vehicle or vessel. As used in this 50 section, the term “towing business” means a business that 51 provides towing services for monetary gain. 52 (2) The prohibition set forth in subsection (1) does not 53 affect a municipality’s authority to: 54 (a) Levy a reasonable business tax under s. 205.0315, s. 55 205.043, or s. 205.0535. 56 (b) Impose and collect a reasonable administrative fee or 57 charge on the registered owner or other legally authorized 58 person in control of a vehicle or vessel, not to exceed 25 59 percent of the maximum towing rate, to cover the cost of 60 enforcement, including parking enforcement, by the municipality 61 when the vehicle or vessel is towed from public property. An 62 authorized wrecker operator or towing business may impose and 63 collect the administrative fee or charge on behalf of the 64 municipality and shall remit such fee or charge to the 65 municipality only after it is collected. 66 (3) Notwithstanding any provision of law to the contrary, a 67 municipality may not enact any ordinance or regulation that 68 prohibits private parking facilities from issuing an invoice or 69 a charge, in lieu of towing, to users of the parking facilities 70 for violating posted rules and rates established by the parking 71 facility as a condition to such use. 72 73 ================= T I T L E A M E N D M E N T ================ 74 And the title is amended as follows: 75 Delete line 12 76 and insert: 77 providing exceptions; prohibiting counties or 78 municipalities from enacting ordinances or regulations 79 that prohibit private parking facilities from issuing 80 invoices or charges for certain purposes; amending s. 81 323.002, F.S.;