Florida Senate - 2020                        COMMITTEE AMENDMENT
       Bill No. CS for SB 1332
       
       
       
       
       
       
                                Ì721446+Î721446                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  02/11/2020           .                                
                                       .                                
                                       .                                
                                       .                                
       —————————————————————————————————————————————————————————————————




       —————————————————————————————————————————————————————————————————
       The Committee on Infrastructure and Security (Hooper)
       recommended the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete lines 118 - 258
    4  and insert:
    5  person in control of a vehicle or vessel, not to exceed 25
    6  percent of the maximum towing rate, to cover the cost of
    7  enforcement, including parking enforcement, by the county when
    8  the vehicle or vessel is towed from public property. An
    9  authorized wrecker operator or towing business may impose and
   10  collect the administrative fee or charge on behalf of the county
   11  and shall remit such fee or charge to the county only after it
   12  is collected.
   13         (3)(a)This section does not apply to a towing or
   14  immobilization licensing, regulatory, or enforcement program of
   15  a charter county in which at least 90 percent of the population
   16  resides in incorporated municipalities, or of a charter county
   17  with at least 38 incorporated municipalities within its
   18  territorial boundaries as of January 1, 2020. This section does
   19  not affect a charter county’s authority to:
   20         1.Impose and collect towing operating license fees,
   21  license renewal fees, license extension fees, expedite fees,
   22  storage site inspection or reinspection fees, criminal
   23  background check fees, and tow truck decal fees, including decal
   24  renewal fees, expedite fees, and decal replacement fees.
   25         2.Impose and collect immobilization operating license
   26  fees, license extension fees, license renewal fees, expedite
   27  fees, and criminal background check fees.
   28         3.Set maximum rates for the towing or immobilization of
   29  vehicles or vessels on private property, including rates based
   30  on different classes of towing vehicles, research fees,
   31  administrative fees, storage fees, and labor fees; rates for
   32  towing services performed or directed by governmental entities;
   33  road service rates; winch recovery rates; voluntary expediting
   34  fees for vehicle or vessel ownership verification; and to
   35  establish conditions in connection with the applicability or
   36  payment of maximum rates set for towing or immobilization of
   37  vehicles or vessels.
   38         4.Impose and collect such other taxes, fees, or charges
   39  otherwise authorized by general law, special law, or county
   40  ordinance, resolution, or regulation.
   41         (b)A charter county may impose and collect an
   42  administrative fee or charge as provided in paragraph (2)(b) but
   43  may not impose such fee or charge on a towing business or an
   44  authorized wrecker operator. If the charter county imposes such
   45  administrative fee or charge, the charter county may authorize a
   46  towing business or authorized wrecker operator to impose and
   47  collect such fee or charge on behalf of the county, and the
   48  towing business or authorized wrecker operator shall remit such
   49  fee or charge to the charter county only after it is collected.
   50         (4)(a)Subsection (1) does not apply to a charter county
   51  that had a towing licensing, regulatory, or enforcement program
   52  in effect on January 1, 2020. However, such charter county may
   53  not impose any new business tax, fee, or charge that was not in
   54  effect as of January 1, 2020, on a towing business or an
   55  authorized wrecker operator.
   56         (b)A charter county may impose and collect an
   57  administrative fee or charge as provided in paragraph (2)(b);
   58  however, it may not impose that fee or charge upon a towing
   59  business or an authorized wrecker operator. If such charter
   60  county imposes such administrative fee or charge, such fee or
   61  charge must be imposed on the registered owner or other legally
   62  authorized person in control of a vehicle or vessel. The fee or
   63  charge may not exceed 25 percent of the maximum towing rate to
   64  cover the cost of enforcement, including parking enforcement, by
   65  the charter county when the vehicle or vessel is towed from
   66  public property. The charter county may authorize an authorized
   67  wrecker operator or towing business to impose and collect the
   68  administrative fee or charge on behalf of the charter county,
   69  and the authorized wrecker operator or towing business shall
   70  remit such fee or charge to the charter county only after it is
   71  collected.
   72         (c)For purposes of this subsection, the term “charter
   73  county” means a county as defined in s. 125.011(1).
   74         Section 3. Paragraphs (b) and (c) of subsection (1) of
   75  section 166.043, Florida Statutes, are amended to read:
   76         166.043 Ordinances and rules imposing price controls;
   77  findings required; procedures.—
   78         (1)
   79         (b) The provisions of This section does shall not prevent
   80  the enactment by local governments of public service rates
   81  otherwise authorized by law, including water, sewer, solid
   82  waste, public transportation, taxicab, or port rates, rates for
   83  towing of vehicles or vessels from or immobilization of vehicles
   84  or vessels on private property, or rates for removal and storage
   85  of wrecked or disabled vehicles or vessels from an accident
   86  scene or the removal and storage of vehicles or vessels in the
   87  event the owner or operator is incapacitated, unavailable,
   88  leaves the procurement of wrecker service to the law enforcement
   89  officer at the scene, or otherwise does not consent to the
   90  removal of the vehicle or vessel.
   91         (c) Counties must establish maximum rates that which may be
   92  charged on the towing of vehicles or vessels from or
   93  immobilization of vehicles or vessels on private property,
   94  removal and storage of wrecked or disabled vehicles or vessels
   95  from an accident scene, or for the removal and storage of
   96  vehicles or vessels, in the event the owner or operator is
   97  incapacitated, unavailable, leaves the procurement of wrecker
   98  service to the law enforcement officer at the scene, or
   99  otherwise does not consent to the removal of the vehicle or
  100  vessel. However, if a municipality chooses to enact an ordinance
  101  establishing the maximum rates fees for the towing or
  102  immobilization of vehicles or vessels as described in paragraph
  103  (b), the county’s ordinance established under s. 125.0103 does
  104  shall not apply within such municipality.
  105         Section 4. Section 166.04465, Florida Statutes, is created
  106  to read:
  107         166.04465Rules and ordinances relating to towing
  108  services.—
  109         (1)A municipality may not enact an ordinance or rule that
  110  would impose a fee or charge on an authorized wrecker operator,
  111  as defined in s. 323.002(1), or on a towing business for towing,
  112  impounding, or storing a vehicle or vessel. As used in this
  113  section, the term “towing business” means a business that
  114  provides towing services for monetary gain.
  115         (2)The prohibition set forth in subsection (1) does not
  116  affect a municipality’s authority to:
  117         (a)Levy a reasonable business tax under s. 205.0315, s.
  118  205.043, or s. 205.0535.
  119         (b)Impose and collect a reasonable administrative fee or
  120  charge on the registered owner or other legally authorized
  121  person in control of a vehicle or vessel, not to exceed 25
  122  percent of the maximum towing rate, to cover the cost of
  123  enforcement, including parking enforcement, by the municipality
  124  when the vehicle or vessel is towed from public property. An
  125  authorized wrecker operator or towing business may impose and
  126  collect the administrative fee or charge on behalf of the
  127  municipality and shall remit such fee or charge to the
  128  municipality only after it is collected.
  129         Section 5. Present subsection (4) of section 323.002,
  130  Florida Statutes, is redesignated as subsection (6), and new
  131  subsections (4) and (5) are added to that section, to read:
  132         323.002 County and municipal wrecker operator systems;
  133  penalties for operation outside of system.—
  134         (4)(a)Except as provided in paragraph (b), a county or
  135  municipality may not adopt or maintain in effect an ordinance or
  136  rule that imposes a charge, cost, expense, fine, fee, or penalty
  137  on an authorized wrecker operator, the registered owner or other
  138  legally authorized person in control of a vehicle or vessel when
  139  the vehicle or vessel is towed by an authorized wrecker operator
  140  under this chapter.
  141         (b)A county or municipality may adopt or maintain an
  142  ordinance or rule that imposes a reasonable administrative fee
  143  or charge on the registered owner or other legally authorized
  144  person in control of a vehicle or vessel that is towed by an
  145  authorized wrecker
  146  
  147  ================= T I T L E  A M E N D M E N T ================
  148  And the title is amended as follows:
  149         Delete lines 39 - 40
  150  and insert:
  151         or other legally authorized persons in control of
  152         vehicles or vessels, under certain