Florida Senate - 2020 CS for SB 1332
By the Committee on Community Affairs; and Senator Hooper
578-02443-20 20201332c1
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.; revising 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; providing an effective date.
68
69 Be It Enacted by the Legislature of the State of Florida:
70
71 Section 1. Paragraphs (b) and (c) of subsection (1) of
72 section 125.0103, Florida Statutes, are amended to read:
73 125.0103 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 that 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 does shall not apply within such
101 municipality.
102 Section 2. Section 125.01047, Florida Statutes, is created
103 to read:
104 125.01047 Rules and ordinances relating to towing
105 services.—
106 (1) A county may not enact an ordinance or rule that would
107 impose a fee or charge on an authorized wrecker operator, as
108 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 set forth in subsection (1) does not
113 affect a county’s authority to:
114 (a) Levy a reasonable business tax under s. 205.0315, s.
115 205.033, 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 county when the vehicle or vessel is towed
122 from public property. An authorized wrecker operator or towing
123 business may impose and collect the administrative fee or charge
124 on behalf of the county and shall remit such fee or charge to
125 the county only after it is collected.
126 (3)(a) This section does not apply to a towing or
127 immobilization licensing, regulatory, or enforcement program of
128 a charter county in which at least 90 percent of the population
129 resides in incorporated municipalities, or of a charter county
130 with at least 38 incorporated municipalities within its
131 territorial boundaries as of January 1, 2020. This section does
132 not affect a charter county’s authority to:
133 1. Impose and collect towing operating license fees,
134 license renewal fees, license extension fees, expedite fees,
135 storage site inspection or reinspection fees, criminal
136 background check fees, and tow truck decal fees, including decal
137 renewal fees, expedite fees, and decal replacement fees.
138 2. Impose and collect immobilization operating license
139 fees, license extension fees, license renewal fees, expedite
140 fees, and criminal background check fees.
141 3. Set maximum rates for the towing or immobilization of
142 vehicles or vessels on private property, including rates based
143 on different classes of towing vehicles, research fees,
144 administrative fees, storage fees, and labor fees; rates for
145 towing services performed or directed by governmental entities;
146 road service rates; winch recovery rates; voluntary expediting
147 fees for vehicle or vessel ownership verification; and to
148 establish conditions in connection with the applicability or
149 payment of maximum rates set for towing or immobilization of
150 vehicles or vessels.
151 4. Impose and collect such other taxes, fees, or charges
152 otherwise authorized by general law, special law, or county
153 ordinance, resolution, or regulation.
154 (b) A charter county may impose and collect an
155 administrative fee or charge as provided in paragraph (2)(b) but
156 may not impose such fee or charge on a towing business or an
157 authorized wrecker operator. If the charter county imposes such
158 administrative fee or charge, the charter county may authorize a
159 towing business or authorized wrecker operator to impose and
160 collect such fee or charge on behalf of the county, and the
161 towing business or authorized wrecker operator shall remit such
162 fee or charge to the charter county only after it is collected.
163 (4)(a) Subsection (1) does not apply to a charter county
164 that had a towing licensing, regulatory, or enforcement program
165 in effect on January 1, 2020. However, such charter county may
166 not impose any new business tax, fee, or charge that was not in
167 effect as of January 1, 2020, on a towing business or an
168 authorized wrecker operator.
169 (b) A charter county may impose and collect an
170 administrative fee or charge as provided in paragraph (2)(b);
171 however, it may not impose that fee or charge upon a towing
172 business or an authorized wrecker operator. If such charter
173 county imposes such administrative fee or charge, such fee or
174 charge must be imposed on the registered owner or other legally
175 authorized person in control of a vehicle or vessel, or the
176 lienholder of a vehicle or vessel. The fee or charge may not
177 exceed 25 percent of the maximum towing rate to cover the cost
178 of enforcement, including parking enforcement, by the charter
179 county when the vehicle or vessel is towed from public property.
180 The charter county may authorize an authorized wrecker operator
181 or towing business to impose and collect the administrative fee
182 or charge on behalf of the charter county, and the authorized
183 wrecker operator or towing business shall remit such fee or
184 charge to the charter county only after it is collected.
185 (c) For purposes of this subsection, the term “charter
186 county” means a county as defined in s. 125.011(1).
187 Section 3. Paragraphs (b) and (c) of subsection (1) of
188 section 166.043, Florida Statutes, are amended to read:
189 166.043 Ordinances and rules imposing price controls;
190 findings required; procedures.—
191 (1)
192 (b) The provisions of This section does shall not prevent
193 the enactment by local governments of public service rates
194 otherwise authorized by law, including water, sewer, solid
195 waste, public transportation, taxicab, or port rates, rates for
196 towing of vehicles or vessels from or immobilization of vehicles
197 or vessels on private property, or rates for removal and storage
198 of wrecked or disabled vehicles or vessels from an accident
199 scene or the removal and storage of vehicles or vessels in the
200 event the owner or operator is incapacitated, unavailable,
201 leaves the procurement of wrecker service to the law enforcement
202 officer at the scene, or otherwise does not consent to the
203 removal of the vehicle or vessel.
204 (c) Counties must establish maximum rates that which may be
205 charged on the towing of vehicles or vessels from or
206 immobilization of vehicles or vessels on private property,
207 removal and storage of wrecked or disabled vehicles or vessels
208 from an accident scene, or for the removal and storage of
209 vehicles or vessels, in the event the owner or operator is
210 incapacitated, unavailable, leaves the procurement of wrecker
211 service to the law enforcement officer at the scene, or
212 otherwise does not consent to the removal of the vehicle or
213 vessel. However, if a municipality chooses to enact an ordinance
214 establishing the maximum rates fees for the towing or
215 immobilization of vehicles or vessels as described in paragraph
216 (b), the county’s ordinance established under s. 125.0103 does
217 shall not apply within such municipality.
218 Section 4. Section 166.04465, Florida Statutes, is created
219 to read:
220 166.04465 Rules and ordinances relating to towing
221 services.—
222 (1) A municipality may not enact an ordinance or rule that
223 would impose a fee or charge on an authorized wrecker operator,
224 as defined in s. 323.002(1), or on a towing business for towing,
225 impounding, or storing a vehicle or vessel. As used in this
226 section, the term “towing business” means a business that
227 provides towing services for monetary gain.
228 (2) The prohibition set forth in subsection (1) does not
229 affect a municipality’s authority to:
230 (a) Levy a reasonable business tax under s. 205.0315, s.
231 205.043, or s. 205.0535.
232 (b) Impose and collect a reasonable administrative fee or
233 charge on the registered owner or other legally authorized
234 person in control of a vehicle or vessel, or the lienholder of a
235 vehicle or vessel, not to exceed 25 percent of the maximum
236 towing rate, to cover the cost of enforcement, including parking
237 enforcement, by the municipality when the vehicle or vessel is
238 towed from public property. An authorized wrecker operator or
239 towing business may impose and collect the administrative fee or
240 charge on behalf of the municipality and shall remit such fee or
241 charge to the municipality only after it is collected.
242 Section 5. Present subsection (4) of section 323.002,
243 Florida Statutes, is redesignated as subsection (6), and new
244 subsections (4) and (5) are added to that section, to read:
245 323.002 County and municipal wrecker operator systems;
246 penalties for operation outside of system.—
247 (4)(a) Except as provided in paragraph (b), a county or
248 municipality may not adopt or maintain in effect an ordinance or
249 rule that imposes a charge, cost, expense, fine, fee, or penalty
250 on an authorized wrecker operator, the registered owner or other
251 legally authorized person in control of a vehicle or vessel, or
252 the lienholder of a vehicle or vessel when the vehicle or vessel
253 is towed by an authorized wrecker operator under this chapter.
254 (b) A county or municipality may adopt or maintain an
255 ordinance or rule that imposes a reasonable administrative fee
256 or charge on the registered owner or other legally authorized
257 person in control of a vehicle or vessel, or the lienholder of a
258 vehicle or vessel, that is towed by an authorized wrecker
259 operator, not to exceed 25 percent of the maximum towing rate,
260 to cover the cost of enforcement, including parking enforcement,
261 by the county or municipality when the vehicle or vessel is
262 towed from public property. An authorized wrecker operator or
263 towing business may impose and collect the administrative fee or
264 charge on behalf of the county or municipality and shall remit
265 such fee or charge to the county or municipality only after it
266 is collected.
267 (c) A county or municipality may not enact an ordinance or
268 rule that requires an authorized wrecker operator to accept a
269 credit card as a form of payment. However, if an authorized
270 wrecker operator does not accept a credit card, the wrecker
271 operator must maintain an operable automatic teller machine for
272 use by the public at its place of business. This paragraph does
273 not apply to a county or municipality that adopted an ordinance
274 or rule before January 1, 2020, requiring an authorized wrecker
275 operator to accept a credit card as a form of payment.
276 (5) Subsection (4) does not apply to the towing or
277 immobilization licensing, regulatory, or enforcement program of
278 a charter county described in s. 125.01047(3) or (4). Such
279 charter county may impose a charge, cost, expense, fine, fee, or
280 penalty on an authorized wrecker operator in connection with a
281 violation of the towing or immobilization program requirements
282 as set forth by ordinance, resolution, or regulation.
283 Section 6. Subsection (2) of section 713.78, Florida
284 Statutes, is amended to read:
285 713.78 Liens for recovering, towing, or storing vehicles
286 and vessels.—
287 (2) Whenever a person regularly engaged in the business of
288 transporting vehicles or vessels by wrecker, tow truck, or car
289 carrier recovers, removes, or stores a vehicle or vessel upon
290 instructions from:
291 (a) The owner thereof;
292 (b) The owner or lessor, or a person authorized by the
293 owner or lessor, of property on which such vehicle or vessel is
294 wrongfully parked, and the removal is done in compliance with s.
295 715.07;
296 (c) The landlord or a person authorized by the landlord,
297 when such motor vehicle or vessel remained on the premises after
298 the tenancy terminated and the removal is done in compliance
299 with s. 83.806 or s. 715.104; or
300 (d) Any law enforcement agency,
301
302 she or he shall have a lien on the vehicle or vessel for a
303 reasonable towing fee, for a reasonable administrative fee or
304 charge imposed by a county or municipality, and for a reasonable
305 storage fee; except that a no storage fee may not shall be
306 charged if the vehicle or vessel is stored for fewer less than 6
307 hours.
308 Section 7. Subsection (2) of section 715.07, Florida
309 Statutes, is amended to read:
310 715.07 Vehicles or vessels parked on private property;
311 towing.—
312 (2) The owner or lessee of real property, or any person
313 authorized by the owner or lessee, which person may be the
314 designated representative of the condominium association if the
315 real property is a condominium, may cause any vehicle or vessel
316 parked on such property without her or his permission to be
317 removed by a person regularly engaged in the business of towing
318 vehicles or vessels, without liability for the costs of removal,
319 transportation, or storage or damages caused by such removal,
320 transportation, or storage, under any of the following
321 circumstances:
322 (a) The towing or removal of any vehicle or vessel from
323 private property without the consent of the registered owner or
324 other legally authorized person in control of that vehicle or
325 vessel is subject to strict compliance with the following
326 conditions and restrictions:
327 1.a. Any towed or removed vehicle or vessel must be stored
328 at a site within a 10-mile radius of the point of removal in any
329 county of 500,000 population or more, and within a 15-mile
330 radius of the point of removal in any county of fewer less than
331 500,000 population. That site must be open for the purpose of
332 redemption of vehicles on any day that the person or firm towing
333 such vehicle or vessel is open for towing purposes, from 8:00
334 a.m. to 6:00 p.m., and, when closed, shall have prominently
335 posted a sign indicating a telephone number where the operator
336 of the site can be reached at all times. Upon receipt of a
337 telephoned request to open the site to redeem a vehicle or
338 vessel, the operator shall return to the site within 1 hour or
339 she or he will be in violation of this section.
340 b. If no towing business providing such service is located
341 within the area of towing limitations set forth in sub
342 subparagraph a., the following limitations apply: any towed or
343 removed vehicle or vessel must be stored at a site within a 20
344 mile radius of the point of removal in any county of 500,000
345 population or more, and within a 30-mile radius of the point of
346 removal in any county of fewer less than 500,000 population.
347 2. The person or firm towing or removing the vehicle or
348 vessel shall, within 30 minutes after completion of such towing
349 or removal, notify the municipal police department or, in an
350 unincorporated area, the sheriff, of such towing or removal, the
351 storage site, the time the vehicle or vessel was towed or
352 removed, and the make, model, color, and license plate number of
353 the vehicle or description and registration number of the vessel
354 and shall obtain the name of the person at that department to
355 whom such information was reported and note that name on the
356 trip record.
357 3. A person in the process of towing or removing a vehicle
358 or vessel from the premises or parking lot in which the vehicle
359 or vessel is not lawfully parked must stop when a person seeks
360 the return of the vehicle or vessel. The vehicle or vessel must
361 be returned upon the payment of a reasonable service fee of not
362 more than one-half of the posted rate for the towing or removal
363 service as provided in subparagraph 6. The vehicle or vessel may
364 be towed or removed if, after a reasonable opportunity, the
365 owner or legally authorized person in control of the vehicle or
366 vessel is unable to pay the service fee. If the vehicle or
367 vessel is redeemed, a detailed signed receipt must be given to
368 the person redeeming the vehicle or vessel.
369 4. A person may not pay or accept money or other valuable
370 consideration for the privilege of towing or removing vehicles
371 or vessels from a particular location.
372 5. Except for property appurtenant to and obviously a part
373 of a single-family residence, and except for instances when
374 notice is personally given to the owner or other legally
375 authorized person in control of the vehicle or vessel that the
376 area in which that vehicle or vessel is parked is reserved or
377 otherwise unavailable for unauthorized vehicles or vessels and
378 that the vehicle or vessel is subject to being removed at the
379 owner’s or operator’s expense, any property owner or lessee, or
380 person authorized by the property owner or lessee, before prior
381 to towing or removing any vehicle or vessel from private
382 property without the consent of the owner or other legally
383 authorized person in control of that vehicle or vessel, must
384 post a notice meeting the following requirements:
385 a. The notice must be prominently placed at each driveway
386 access or curb cut allowing vehicular access to the property,
387 within 10 5 feet from the road as defined in s. 334.03(22)
388 public right-of-way line. If there are no curbs or access
389 barriers, the signs must be posted not fewer less than one sign
390 for each 25 feet of lot frontage.
391 b. The notice must clearly indicate, in not fewer less than
392 2-inch high, light-reflective letters on a contrasting
393 background, that unauthorized vehicles will be towed away at the
394 owner’s expense. The words “tow-away zone” must be included on
395 the sign in not fewer less than 4-inch high letters.
396 c. The notice must also provide the name and current
397 telephone number of the person or firm towing or removing the
398 vehicles or vessels.
399 d. The sign structure containing the required notices must
400 be permanently installed with the words “tow-away zone” not less
401 than 3 feet and not more than 6 feet above ground level and must
402 be continuously maintained on the property for not fewer less
403 than 24 hours before prior to the towing or removal of any
404 vehicles or vessels.
405 e. The local government may require permitting and
406 inspection of these signs before prior to any towing or removal
407 of vehicles or vessels being authorized.
408 f. A business with 20 or fewer parking spaces satisfies the
409 notice requirements of this subparagraph by prominently
410 displaying a sign stating “Reserved Parking for Customers Only
411 Unauthorized Vehicles or Vessels Will be Towed Away At the
412 Owner’s Expense” in not less than 4-inch high, light-reflective
413 letters on a contrasting background.
414 g. A property owner towing or removing vessels from real
415 property must post notice, consistent with the requirements in
416 sub-subparagraphs a.-f., which apply to vehicles, that
417 unauthorized vehicles or vessels will be towed away at the
418 owner’s expense.
419
420 A business owner or lessee may authorize the removal of a
421 vehicle or vessel by a towing company when the vehicle or vessel
422 is parked in such a manner that restricts the normal operation
423 of business; and if a vehicle or vessel parked on a public
424 right-of-way obstructs access to a private driveway the owner,
425 lessee, or agent may have the vehicle or vessel removed by a
426 towing company upon signing an order that the vehicle or vessel
427 be removed without a posted tow-away zone sign.
428 6. Any person or firm that tows or removes vehicles or
429 vessels and proposes to require an owner, operator, or person in
430 control or custody of a vehicle or vessel to pay the costs of
431 towing and storage before prior to redemption of the vehicle or
432 vessel must file and keep on record with the local law
433 enforcement agency a complete copy of the current rates to be
434 charged for such services and post at the storage site an
435 identical rate schedule and any written contracts with property
436 owners, lessees, or persons in control of property which
437 authorize such person or firm to remove vehicles or vessels as
438 provided in this section.
439 7. Any person or firm towing or removing any vehicles or
440 vessels from private property without the consent of the owner
441 or other legally authorized person in control or custody of the
442 vehicles or vessels shall, on any trucks, wreckers as defined in
443 s. 713.78(1)(c), or other vehicles used in the towing or
444 removal, have the name, address, and telephone number of the
445 company performing such service clearly printed in contrasting
446 colors on the driver and passenger sides of the vehicle. The
447 name shall be in at least 3-inch permanently affixed letters,
448 and the address and telephone number shall be in at least 1-inch
449 permanently affixed letters.
450 8. Vehicle entry for the purpose of removing the vehicle or
451 vessel shall be allowed with reasonable care on the part of the
452 person or firm towing the vehicle or vessel. Such person or firm
453 shall be liable for any damage occasioned to the vehicle or
454 vessel if such entry is not in accordance with the standard of
455 reasonable care.
456 9. When a vehicle or vessel has been towed or removed
457 pursuant to this section, it must be released to its owner or
458 person in control or custody custodian within 1 one hour after
459 requested. Any vehicle or vessel owner or person in control or
460 custody has agent shall have the right to inspect the vehicle or
461 vessel before accepting its return, and no release or waiver of
462 any kind which would release the person or firm towing the
463 vehicle or vessel from liability for damages noted by the owner
464 or person in control or custody other legally authorized person
465 at the time of the redemption may be required from any vehicle
466 or vessel owner or person in control or custody, custodian, or
467 agent as a condition of release of the vehicle or vessel to its
468 owner or person in control or custody. A detailed, signed
469 receipt showing the legal name of the company or person towing
470 or removing the vehicle or vessel must be given to the person
471 paying towing or storage charges at the time of payment, whether
472 requested or not.
473 (b) These requirements are minimum standards and do not
474 preclude enactment of additional regulations by any municipality
475 or county including the right to regulate rates when vehicles or
476 vessels are towed from private property, except that a county or
477 municipality may not enact an ordinance or rule that requires a
478 towing business to accept a credit card as a form of payment.
479 However, if a towing business does not accept a credit card, the
480 towing business must maintain an operable automatic teller
481 machine for use by the public at its place of business. This
482 paragraph does not apply to a county or municipality that
483 adopted an ordinance or rule before January 1, 2020, requiring a
484 towing business to accept a credit card as a form of payment.
485 Section 8. This act shall take effect October 1, 2020.