Florida Senate - 2020                                    SB 1332
       
       
        
       By Senator Hooper
       
       
       
       
       
       16-00624A-20                                          20201332__
    1                        A bill to be entitled                      
    2         An act relating to towing and immobilizing vehicles
    3         and vessels; amending ss. 125.0103 and 166.043, F.S.;
    4         authorizing local governments to enact rates to tow or
    5         immobilize vessels on private property and to remove
    6         and store vessels under specified circumstances;
    7         requiring counties to establish maximum rates for such
    8         towing, immobilization, removal, and storage of
    9         vessels; providing applicability; creating s.
   10         125.01047, F.S.; prohibiting counties from enacting
   11         certain ordinances or rules that impose fees or
   12         charges on authorized wrecker operators or towing
   13         businesses; defining the term “towing business”;
   14         providing exceptions; authorizing authorized wrecker
   15         operators or towing businesses to impose and collect a
   16         certain administrative fee or charge on behalf of the
   17         county, subject to certain requirements; providing
   18         applicability; providing construction; prohibiting a
   19         certain charter county from imposing any new business
   20         tax, fee, or charge that was not in effect on a
   21         specified date on a towing business or an authorized
   22         wrecker operator; providing restrictions and
   23         requirements on a certain administrative fee or charge
   24         imposed and collected by such charter county; defining
   25         the term “charter county”; creating s. 166.04465,
   26         F.S.; prohibiting municipalities from enacting certain
   27         ordinances or rules that impose fees or charges on
   28         authorized wrecker operators or towing businesses;
   29         defining the term “towing business”; providing
   30         exceptions; authorizing authorized wrecker operators
   31         or towing businesses to impose and collect a certain
   32         administrative fee or charge on behalf of the
   33         municipality, subject to certain requirements;
   34         amending s. 323.002, F.S.; prohibiting counties or
   35         municipalities from adopting or maintaining in effect
   36         certain ordinances or rules that impose charges,
   37         costs, expenses, fines, fees, or penalties on
   38         authorized wrecker operators or registered owners,
   39         other legally authorized persons in control, or
   40         lienholders of vehicles or vessels under certain
   41         conditions; providing an exception; authorizing
   42         authorized wrecker operators or towing businesses to
   43         impose and collect a certain administrative fee or
   44         charge on behalf of counties or municipalities,
   45         subject to certain requirements; prohibiting counties
   46         or municipalities from enacting certain ordinances or
   47         rules that require authorized wrecker operators to
   48         accept a specified form of payment; requiring that a
   49         wrecker operator maintain an operable automatic teller
   50         machine for use by the public under certain
   51         circumstances; providing exceptions; providing
   52         applicability; authorizing certain charter counties to
   53         impose a charge, cost, expense, fine, fee, or penalty
   54         on an authorized wrecker operator in connection with a
   55         certain violation; amending s. 713.78, F.S.;
   56         authorizing certain persons to place liens on vehicles
   57         or vessels to recover specified fees or charges;
   58         amending s. 715.07, F.S.; deleting requirements
   59         regarding notices and signs concerning the towing or
   60         removal of vehicles or vessels; deleting a requirement
   61         that a certain receipt be signed; prohibiting counties
   62         or municipalities from enacting certain ordinances or
   63         rules that require towing businesses to accept a
   64         specified form of payment; requiring that a towing
   65         business maintain an operable automatic teller machine
   66         for use by the public under certain circumstances;
   67         providing applicability; prohibiting counties or
   68         municipalities from authorizing attorney fees in
   69         connection with certain towing activities; preempting
   70         to the state the regulation of attorney fees in
   71         connection with certain towing activities; authorizing
   72         a court to award damages, attorney fees, and court
   73         costs in certain actions; providing an effective date.
   74          
   75  Be It Enacted by the Legislature of the State of Florida:
   76  
   77         Section 1. Paragraphs (b) and (c) of subsection (1) of
   78  section 125.0103, Florida Statutes, are amended to read:
   79         125.0103 Ordinances and rules imposing price controls;
   80  findings required; procedures.—
   81         (1)
   82         (b) The provisions of This section does shall not prevent
   83  the enactment by local governments of public service rates
   84  otherwise authorized by law, including water, sewer, solid
   85  waste, public transportation, taxicab, or port rates, rates for
   86  towing of vehicles or vessels from or immobilization of vehicles
   87  or vessels on private property, or rates for removal and storage
   88  of wrecked or disabled vehicles or vessels from an accident
   89  scene or the removal and storage of vehicles or vessels in the
   90  event the owner or operator is incapacitated, unavailable,
   91  leaves the procurement of wrecker service to the law enforcement
   92  officer at the scene, or otherwise does not consent to the
   93  removal of the vehicle or vessel.
   94         (c) Counties must establish maximum rates that which may be
   95  charged on the towing of vehicles or vessels from or
   96  immobilization of vehicles or vessels on private property,
   97  removal and storage of wrecked or disabled vehicles or vessels
   98  from an accident scene, or for the removal and storage of
   99  vehicles or vessels, in the event the owner or operator is
  100  incapacitated, unavailable, leaves the procurement of wrecker
  101  service to the law enforcement officer at the scene, or
  102  otherwise does not consent to the removal of the vehicle or
  103  vessel. However, if a municipality chooses to enact an ordinance
  104  establishing the maximum rates fees for the towing or
  105  immobilization of vehicles or vessels as described in paragraph
  106  (b), the county’s ordinance does shall not apply within such
  107  municipality.
  108         Section 2. Section 125.01047, Florida Statutes, is created
  109  to read:
  110         125.01047Rules and ordinances relating to towing
  111  services.—
  112         (1)A county may not enact an ordinance or rule that would
  113  impose a fee or charge on an authorized wrecker operator, as
  114  defined in s. 323.002(1), or on a towing business for towing,
  115  impounding, or storing a vehicle or vessel. As used in this
  116  section, the term “towing business” means a business that
  117  provides towing services for monetary gain.
  118         (2)The prohibition set forth in subsection (1) does not
  119  affect a county’s authority to:
  120         (a)Levy a reasonable business tax under s. 205.0315, s.
  121  205.033, or s. 205.0535.
  122         (b)Impose and collect a reasonable administrative fee or
  123  charge on the registered owner or other legally authorized
  124  person in control of a vehicle or vessel, or the lienholder of a
  125  vehicle or vessel, not to exceed 25 percent of the maximum
  126  towing rate, to cover the cost of enforcement, including parking
  127  enforcement, by the county when the vehicle or vessel is towed
  128  from public property. An authorized wrecker operator or towing
  129  business may impose and collect the administrative fee or charge
  130  on behalf of the county and shall remit such fee or charge to
  131  the county only after it is collected.
  132         (3)(a)This section does not apply to a towing or
  133  immobilization licensing, regulatory, or enforcement program of
  134  a charter county in which at least 90 percent of the population
  135  resides in incorporated municipalities, or of a charter county
  136  with at least 38 incorporated municipalities within its
  137  territorial boundaries as of January 1, 2020. This section does
  138  not affect a charter county’s authority to:
  139         1.Impose and collect towing operating license fees,
  140  license renewal fees, license extension fees, expedite fees,
  141  storage site inspection or reinspection fees, criminal
  142  background check fees, and tow truck decal fees, including decal
  143  renewal fees, expedite fees, and decal replacement fees.
  144         2.Impose and collect immobilization operating license
  145  fees, license extension fees, license renewal fees, expedite
  146  fees, and criminal background check fees.
  147         3.Set maximum rates for the towing or immobilization of
  148  vehicles or vessels on private property, including rates based
  149  on different classes of towing vehicles, research fees,
  150  administrative fees, storage fees, and labor fees; rates for
  151  towing services performed or directed by governmental entities;
  152  road service rates; winch recovery rates; voluntary expediting
  153  fees for vehicle or vessel ownership verification; and to
  154  establish conditions in connection with the applicability or
  155  payment of maximum rates set for towing or immobilization of
  156  vehicles or vessels.
  157         4.Impose and collect such other taxes, fees, or charges
  158  otherwise authorized by general law, special law, or county
  159  ordinance, resolution, or regulation.
  160         (b)A charter county may impose and collect an
  161  administrative fee or charge as provided in paragraph (2)(b) but
  162  may not impose such fee or charge on a towing business or an
  163  authorized wrecker operator. If the charter county imposes such
  164  administrative fee or charge, the charter county may authorize a
  165  towing business or authorized wrecker operator to impose and
  166  collect such fee or charge on behalf of the county, and the
  167  towing business or authorized wrecker operator shall remit such
  168  fee or charge to the charter county only after it is collected.
  169         (4)(a)Subsection (1) does not apply to a charter county
  170  that had a towing licensing, regulatory, or enforcement program
  171  in effect on January 1, 2020. However, such charter county may
  172  not impose any new business tax, fee, or charge that was not in
  173  effect as of January 1, 2020, on a towing business or an
  174  authorized wrecker operator.
  175         (b)A charter county may impose and collect an
  176  administrative fee or charge as provided in paragraph (2)(b);
  177  however, it may not impose that fee or charge upon a towing
  178  business or an authorized wrecker operator. If such charter
  179  county imposes such administrative fee or charge, such fee or
  180  charge must be imposed on the registered owner or other legally
  181  authorized person in control of a vehicle or vessel, or the
  182  lienholder of a vehicle or vessel. The fee or charge may not
  183  exceed 25 percent of the maximum towing rate to cover the cost
  184  of enforcement, including parking enforcement, by the charter
  185  county when the vehicle or vessel is towed from public property.
  186  The charter county may authorize an authorized wrecker operator
  187  or towing business to impose and collect the administrative fee
  188  or charge on behalf of the charter county, and the authorized
  189  wrecker operator or towing business shall remit such fee or
  190  charge to the charter county only after it is collected.
  191         (c)For purposes of this subsection, the term “charter
  192  county” means a county as defined in s. 125.011(1).
  193         Section 3. Paragraphs (b) and (c) of subsection (1) of
  194  section 166.043, Florida Statutes, are amended to read:
  195         166.043 Ordinances and rules imposing price controls;
  196  findings required; procedures.—
  197         (1)
  198         (b) The provisions of This section does shall not prevent
  199  the enactment by local governments of public service rates
  200  otherwise authorized by law, including water, sewer, solid
  201  waste, public transportation, taxicab, or port rates, rates for
  202  towing of vehicles or vessels from or immobilization of vehicles
  203  or vessels on private property, or rates for removal and storage
  204  of wrecked or disabled vehicles or vessels from an accident
  205  scene or the removal and storage of vehicles or vessels in the
  206  event the owner or operator is incapacitated, unavailable,
  207  leaves the procurement of wrecker service to the law enforcement
  208  officer at the scene, or otherwise does not consent to the
  209  removal of the vehicle or vessel.
  210         (c) Counties must establish maximum rates that which may be
  211  charged on the towing of vehicles or vessels from or
  212  immobilization of vehicles or vessels on private property,
  213  removal and storage of wrecked or disabled vehicles or vessels
  214  from an accident scene, or for the removal and storage of
  215  vehicles or vessels, in the event the owner or operator is
  216  incapacitated, unavailable, leaves the procurement of wrecker
  217  service to the law enforcement officer at the scene, or
  218  otherwise does not consent to the removal of the vehicle or
  219  vessel. However, if a municipality chooses to enact an ordinance
  220  establishing the maximum rates fees for the towing or
  221  immobilization of vehicles or vessels as described in paragraph
  222  (b), the county’s ordinance established under s. 125.0103 does
  223  shall not apply within such municipality.
  224         Section 4. Section 166.04465, Florida Statutes, is created
  225  to read:
  226         166.04465Rules and ordinances relating to towing
  227  services.—
  228         (1)A municipality may not enact an ordinance or rule that
  229  would impose a fee or charge on an authorized wrecker operator,
  230  as defined in s. 323.002(1), or on a towing business for towing,
  231  impounding, or storing a vehicle or vessel. As used in this
  232  section, the term “towing business” means a business that
  233  provides towing services for monetary gain.
  234         (2)The prohibition set forth in subsection (1) does not
  235  affect a municipality’s authority to:
  236         (a)Levy a reasonable business tax under s. 205.0315, s.
  237  205.043, or s. 205.0535.
  238         (b)Impose and collect a reasonable administrative fee or
  239  charge on the registered owner or other legally authorized
  240  person in control of a vehicle or vessel, or the lienholder of a
  241  vehicle or vessel, not to exceed 25 percent of the maximum
  242  towing rate, to cover the cost of enforcement, including parking
  243  enforcement, by the municipality when the vehicle or vessel is
  244  towed from public property. An authorized wrecker operator or
  245  towing business may impose and collect the administrative fee or
  246  charge on behalf of the municipality and shall remit such fee or
  247  charge to the municipality only after it is collected.
  248         Section 5. Present subsection (4) of section 323.002,
  249  Florida Statutes, is redesignated as subsection (6), and new
  250  subsections (4) and (5) are added to that section, to read:
  251         323.002 County and municipal wrecker operator systems;
  252  penalties for operation outside of system.—
  253         (4)(a)Except as provided in paragraph (b), a county or
  254  municipality may not adopt or maintain in effect an ordinance or
  255  rule that imposes a charge, cost, expense, fine, fee, or penalty
  256  on an authorized wrecker operator, the registered owner or other
  257  legally authorized person in control of a vehicle or vessel, or
  258  the lienholder of a vehicle or vessel when the vehicle or vessel
  259  is towed by an authorized wrecker operator under this chapter.
  260         (b)A county or municipality may adopt or maintain an
  261  ordinance or rule that imposes a reasonable administrative fee
  262  or charge on the registered owner or other legally authorized
  263  person in control of a vehicle or vessel, or the lienholder of a
  264  vehicle or vessel, that is towed by an authorized wrecker
  265  operator, not to exceed 25 percent of the maximum towing rate,
  266  to cover the cost of enforcement, including parking enforcement,
  267  by the county or municipality when the vehicle or vessel is
  268  towed from public property. An authorized wrecker operator or
  269  towing business may impose and collect the administrative fee or
  270  charge on behalf of the county or municipality and shall remit
  271  such fee or charge to the county or municipality only after it
  272  is collected.
  273         (c)A county or municipality may not enact an ordinance or
  274  rule that requires an authorized wrecker operator to accept a
  275  credit card as a form of payment. However, if an authorized
  276  wrecker operator does not accept a credit card, the wrecker
  277  operator must maintain an operable automatic teller machine for
  278  use by the public at its place of business. This paragraph does
  279  not apply to a county or municipality that adopted an ordinance
  280  or rule before January 1, 2020, requiring an authorized wrecker
  281  operator to accept a credit card as a form of payment.
  282         (5)Subsection (4) does not apply to the towing or
  283  immobilization licensing, regulatory, or enforcement program of
  284  a charter county described in s. 125.01047(3) or (4). Such
  285  charter county may impose a charge, cost, expense, fine, fee, or
  286  penalty on an authorized wrecker operator in connection with a
  287  violation of the towing or immobilization program requirements
  288  as set forth by ordinance, resolution, or regulation.
  289         Section 6. Subsection (2) of section 713.78, Florida
  290  Statutes, is amended to read:
  291         713.78 Liens for recovering, towing, or storing vehicles
  292  and vessels.—
  293         (2) Whenever a person regularly engaged in the business of
  294  transporting vehicles or vessels by wrecker, tow truck, or car
  295  carrier recovers, removes, or stores a vehicle or vessel upon
  296  instructions from:
  297         (a) The owner thereof;
  298         (b) The owner or lessor, or a person authorized by the
  299  owner or lessor, of property on which such vehicle or vessel is
  300  wrongfully parked, and the removal is done in compliance with s.
  301  715.07;
  302         (c) The landlord or a person authorized by the landlord,
  303  when such motor vehicle or vessel remained on the premises after
  304  the tenancy terminated and the removal is done in compliance
  305  with s. 83.806 or s. 715.104; or
  306         (d) Any law enforcement agency,
  307  
  308  she or he shall have a lien on the vehicle or vessel for a
  309  reasonable towing fee, for a reasonable administrative fee or
  310  charge imposed by a county or municipality, and for a reasonable
  311  storage fee; except that a no storage fee may not shall be
  312  charged if the vehicle or vessel is stored for fewer less than 6
  313  hours.
  314         Section 7. Subsections (2) and (4) of section 715.07,
  315  Florida Statutes, are amended to read:
  316         715.07 Vehicles or vessels parked on private property;
  317  towing.—
  318         (2) The owner or lessee of real property, or any person
  319  authorized by the owner or lessee, which person may be the
  320  designated representative of the condominium association if the
  321  real property is a condominium, may cause any vehicle or vessel
  322  parked on such property without her or his permission to be
  323  removed by a person regularly engaged in the business of towing
  324  vehicles or vessels, without liability for the costs of removal,
  325  transportation, or storage or damages caused by such removal,
  326  transportation, or storage, under any of the following
  327  circumstances:
  328         (a) The towing or removal of any vehicle or vessel from
  329  private property without the consent of the registered owner or
  330  other legally authorized person in control of that vehicle or
  331  vessel is subject to strict compliance with the following
  332  conditions and restrictions:
  333         1.a. Any towed or removed vehicle or vessel must be stored
  334  at a site within a 10-mile radius of the point of removal in any
  335  county of 500,000 population or more, and within a 15-mile
  336  radius of the point of removal in any county of fewer less than
  337  500,000 population. That site must be open for the purpose of
  338  redemption of vehicles on any day that the person or firm towing
  339  such vehicle or vessel is open for towing purposes, from 8:00
  340  a.m. to 6:00 p.m., and, when closed, shall have prominently
  341  posted a sign indicating a telephone number where the operator
  342  of the site can be reached at all times. Upon receipt of a
  343  telephoned request to open the site to redeem a vehicle or
  344  vessel, the operator shall return to the site within 1 hour or
  345  she or he will be in violation of this section.
  346         b. If no towing business providing such service is located
  347  within the area of towing limitations set forth in sub
  348  subparagraph a., the following limitations apply: any towed or
  349  removed vehicle or vessel must be stored at a site within a 20
  350  mile radius of the point of removal in any county of 500,000
  351  population or more, and within a 30-mile radius of the point of
  352  removal in any county of fewer less than 500,000 population.
  353         2. The person or firm towing or removing the vehicle or
  354  vessel shall, within 30 minutes after completion of such towing
  355  or removal, notify the municipal police department or, in an
  356  unincorporated area, the sheriff, of such towing or removal, the
  357  storage site, the time the vehicle or vessel was towed or
  358  removed, and the make, model, color, and license plate number of
  359  the vehicle or description and registration number of the vessel
  360  and shall obtain the name of the person at that department to
  361  whom such information was reported and note that name on the
  362  trip record.
  363         3. A person in the process of towing or removing a vehicle
  364  or vessel from the premises or parking lot in which the vehicle
  365  or vessel is not lawfully parked must stop when a person seeks
  366  the return of the vehicle or vessel. The vehicle or vessel must
  367  be returned upon the payment of a reasonable service fee of not
  368  more than one-half of the posted rate for the towing or removal
  369  service as provided in subparagraph 6. The vehicle or vessel may
  370  be towed or removed if, after a reasonable opportunity, the
  371  owner or legally authorized person in control of the vehicle or
  372  vessel is unable to pay the service fee. If the vehicle or
  373  vessel is redeemed, a detailed signed receipt must be given to
  374  the person redeeming the vehicle or vessel.
  375         4. A person may not pay or accept money or other valuable
  376  consideration for the privilege of towing or removing vehicles
  377  or vessels from a particular location.
  378         5. Except for property appurtenant to and obviously a part
  379  of a single-family residence, and except for instances when
  380  notice is personally given to the owner or other legally
  381  authorized person in control of the vehicle or vessel that the
  382  area in which that vehicle or vessel is parked is reserved or
  383  otherwise unavailable for unauthorized vehicles or vessels and
  384  that the vehicle or vessel is subject to being removed at the
  385  owner’s or operator’s expense, any property owner or lessee, or
  386  person authorized by the property owner or lessee, before prior
  387  to towing or removing any vehicle or vessel from private
  388  property without the consent of the owner or other legally
  389  authorized person in control of that vehicle or vessel, must
  390  post a notice meeting the following requirements:
  391         a. The notice must be prominently placed at each driveway
  392  access or curb cut allowing vehicular access to the property,
  393  within 5 feet from the public right-of-way line. If there are no
  394  curbs or access barriers, the signs must be posted not fewer
  395  less than one sign for each 25 feet of lot frontage.
  396         b. The notice must clearly indicate, in not less than 2
  397  inch high, light-reflective letters on a contrasting background,
  398  that unauthorized vehicles will be towed away at the owner’s
  399  expense. The words “tow-away zone” must be included on the sign
  400  in not less than 4-inch high letters.
  401         c. The notice must also provide the name and current
  402  telephone number of the person or firm towing or removing the
  403  vehicles or vessels.
  404         d. The sign structure containing the required notices must
  405  be permanently installed with the words “tow-away zone” not less
  406  than 3 feet and not more than 6 feet above ground level and must
  407  be continuously maintained on the property for not fewer less
  408  than 24 hours before prior to the towing or removal of any
  409  vehicles or vessels.
  410         e. The local government may require permitting and
  411  inspection of these signs before prior to any towing or removal
  412  of vehicles or vessels being authorized.
  413         f. A business with 20 or fewer parking spaces satisfies the
  414  notice requirements of this subparagraph by prominently
  415  displaying a sign stating “Reserved Parking for Customers Only
  416  Unauthorized Vehicles or Vessels Will be Towed Away At the
  417  Owner’s Expense” in not less than 4-inch high, light-reflective
  418  letters on a contrasting background.
  419         g. A property owner towing or removing vessels from real
  420  property must post notice, consistent with the requirements in
  421  sub-subparagraphs a.-f., which apply to vehicles, that
  422  unauthorized vehicles or vessels will be towed away at the
  423  owner’s expense.
  424  
  425  A business owner or lessee may authorize the removal of a
  426  vehicle or vessel by a towing company when the vehicle or vessel
  427  is parked in such a manner that restricts the normal operation
  428  of business; and if a vehicle or vessel parked on a public
  429  right-of-way obstructs access to a private driveway the owner,
  430  lessee, or agent may have the vehicle or vessel removed by a
  431  towing company upon signing an order that the vehicle or vessel
  432  be removed without a posted tow-away zone sign.
  433         6. Any person or firm that tows or removes vehicles or
  434  vessels and proposes to require an owner, operator, or person in
  435  control or custody of a vehicle or vessel to pay the costs of
  436  towing and storage before prior to redemption of the vehicle or
  437  vessel must file and keep on record with the local law
  438  enforcement agency a complete copy of the current rates to be
  439  charged for such services and post at the storage site an
  440  identical rate schedule and any written contracts with property
  441  owners, lessees, or persons in control of property which
  442  authorize such person or firm to remove vehicles or vessels as
  443  provided in this section.
  444         7. Any person or firm towing or removing any vehicles or
  445  vessels from private property without the consent of the owner
  446  or other legally authorized person in control or custody of the
  447  vehicles or vessels shall, on any trucks, wreckers as defined in
  448  s. 713.78(1)(c), or other vehicles used in the towing or
  449  removal, have the name, address, and telephone number of the
  450  company performing such service clearly printed in contrasting
  451  colors on the driver and passenger sides of the vehicle. The
  452  name shall be in at least 3-inch permanently affixed letters,
  453  and the address and telephone number shall be in at least 1-inch
  454  permanently affixed letters.
  455         8. Vehicle entry for the purpose of removing the vehicle or
  456  vessel shall be allowed with reasonable care on the part of the
  457  person or firm towing the vehicle or vessel. Such person or firm
  458  shall be liable for any damage occasioned to the vehicle or
  459  vessel if such entry is not in accordance with the standard of
  460  reasonable care.
  461         9. When a vehicle or vessel has been towed or removed
  462  pursuant to this section, it must be released to its owner or
  463  person in control or custody custodian within 1 one hour after
  464  requested. Any vehicle or vessel owner or person in control or
  465  custody has agent shall have the right to inspect the vehicle or
  466  vessel before accepting its return, and no release or waiver of
  467  any kind which would release the person or firm towing the
  468  vehicle or vessel from liability for damages noted by the owner
  469  or person in control or custody other legally authorized person
  470  at the time of the redemption may be required from any vehicle
  471  or vessel owner or person in control or custody, custodian, or
  472  agent as a condition of release of the vehicle or vessel to its
  473  owner or person in control or custody. A detailed, signed
  474  receipt showing the legal name of the company or person towing
  475  or removing the vehicle or vessel must be given to the person
  476  paying towing or storage charges at the time of payment, whether
  477  requested or not.
  478         (b) These requirements are minimum standards and do not
  479  preclude enactment of additional regulations by any municipality
  480  or county including the right to regulate rates when vehicles or
  481  vessels are towed from private property, except that a county or
  482  municipality may not enact an ordinance or rule that requires a
  483  towing business to accept a credit card as a form of payment.
  484  However, if a towing business does not accept a credit card, the
  485  towing business must maintain an operable automatic teller
  486  machine for use by the public at its place of business. This
  487  paragraph does not apply to a county or municipality that
  488  adopted an ordinance or rule before January 1, 2020, requiring a
  489  towing business to accept a credit card as a form of payment.
  490  Additionally, a municipality or county may not authorize
  491  attorney fees in connection with the towing of vehicles or
  492  vessels from private property. The regulation of attorney fees
  493  in connection with the towing of vehicles or vessels from
  494  private property is expressly preempted to the state and any
  495  municipal or county ordinance on the subject is void.
  496         (4) When a person improperly causes a vehicle or vessel to
  497  be removed, such person shall be liable to the owner or lessee
  498  of the vehicle or vessel for the cost of removal,
  499  transportation, and storage and; any damages resulting from the
  500  removal, transportation, or storage of the vehicle or vessel;
  501  attorney’s fees; and court costs. If an action is filed, the
  502  court may award damages, attorney fees, and court costs in favor
  503  of the prevailing party after determining the respective rights
  504  of the parties.
  505         Section 8. This act shall take effect July 1, 2020.