Bill Text: FL S1792 | 2019 | Regular Session | Comm Sub
Bill Title: Towing of Vehicles and Vessels
Spectrum: Slight Partisan Bill (? 2-1)
Status: (Failed) 2019-05-03 - Died in Rules [S1792 Detail]
Download: Florida-2019-S1792-Comm_Sub.html
Florida Senate - 2019 CS for CS for SB 1792 By the Committees on Infrastructure and Security; and Community Affairs; and Senator Gruters 596-03780-19 20191792c2 1 A bill to be entitled 2 An act relating to towing of vehicles and vessels; 3 amending ss. 125.0103 and 166.043, F.S.; specifying 4 that local governments may enact rates to tow or 5 immobilize vessels on private property and to remove 6 and store vessels under specified circumstances; 7 defining the term “vessels”; creating ss. 125.01047 8 and 166.04465, F.S.; prohibiting counties or 9 municipalities from enacting certain ordinances or 10 rules that impose fees or charges on authorized 11 wrecker operators or towing businesses; defining the 12 term “towing business”; providing exceptions; amending 13 s. 323.002, F.S.; prohibiting counties or 14 municipalities from adopting or maintaining in effect 15 an ordinance or rule that imposes charges, costs, 16 expenses, fines, fees, or penalties on authorized 17 wrecker operators or registered owners or other 18 legally authorized persons in control or lienholders 19 of vehicles or vessels under certain conditions; 20 providing exceptions; prohibiting municipalities or 21 counties from enacting an ordinance or rule requiring 22 an authorized wrecker operator to accept checks as a 23 form of payment; amending s. 713.78, F.S.; authorizing 24 certain persons to place liens on vehicles or vessels 25 to recover specified fees or charges; amending s. 26 715.07, F.S.; revising certain notice and signage 27 requirements; revising requirements relating to towing 28 and to removing vehicles or vessels to include persons 29 who are in custody of a vehicle or of a vessel; 30 prohibiting municipalities or counties from enacting 31 an ordinance or rule requiring a towing business to 32 accept checks as a form of payment; prohibiting 33 municipalities or counties from authorizing attorney 34 fees or court costs in connection with the towing of 35 vehicles or vessels from private property; providing 36 that the regulation of attorney fees and court costs 37 in connection with the towing of vehicles or vessels 38 from private property is expressly preempted to the 39 state and any municipal or county ordinance on the 40 subject is void; deleting a requirement related to 41 liability for improper removal of a vehicle or of a 42 vessel; providing an effective date. 43 44 Be It Enacted by the Legislature of the State of Florida: 45 46 Section 1. Paragraphs (b) and (c) of subsection (1) of 47 section 125.0103, Florida Statutes, are amended to read: 48 125.0103 Ordinances and rules imposing price controls; 49 findings required; procedures.— 50 (1) 51 (b)The provisions ofThis section doesshallnot prevent 52 the enactment by local governments of public service rates 53 otherwise authorized by law, including water, sewer, solid 54 waste, public transportation, taxicab, or port rates;,rates for 55 towing of vehicles or vessels from, or immobilization of 56 vehicles or vessels on, private property;, orrates for removal 57 and storage of wrecked or disabled vehicles or vessels from an 58 accident scene; or rates fortheremoval and storage of vehicles 59 or vessels in the event the owner or operator is incapacitated, 60 unavailable, leaves the procurement of wrecker service to the 61 law enforcement officer at the scene, or otherwise does not 62 consent to the removal of the vehicle or vessel. For purposes of 63 this subsection, the term “vessels” means only vessels that are 64 located on land. 65 (c) Counties must establish maximum rates which may be 66 charged on the towing of vehicles or vessels from, or 67 immobilization of vehicles or vessels on, private property; the,68 removal and storage of wrecked or disabled vehicles or vessels 69 from an accident scene; orforthe removal and storage of 70 vehicles or vessels,in the event the owner or operator is 71 incapacitated, unavailable, leaves the procurement of wrecker 72 service to the law enforcement officer at the scene, or 73 otherwise does not consent to the removal of the vehicle or 74 vessel. However, if a municipality chooses to enact an ordinance 75 establishing the maximum ratesfeesfor the towing or 76 immobilization of vehicles or vessels as described in paragraph 77 (b), the county’s ordinance shall not apply within such 78 municipality. 79 Section 2. Section 125.01047, Florida Statutes, is created 80 to read: 81 125.01047 Rules and ordinances relating to towing 82 services.— 83 (1) A county may not enact an ordinance or rule that would 84 impose a fee or charge on an authorized wrecker operator, as 85 defined in s. 323.002(1), or on a towing business for towing, 86 impounding, or storing a vehicle or vessel. As used in this 87 section, the term “towing business” means a business that 88 provides towing services for monetary gain. 89 (2) The prohibition imposed in subsection (1) does not 90 affect a county’s authority to: 91 (a) Levy a reasonable business tax under s. 205.0315, s. 92 205.033, or s. 205.0535. 93 (b) Impose and collect a reasonable administrative fee or 94 charge on the registered owner or other legally authorized 95 person in control of a vehicle or vessel, or the lienholder of a 96 vehicle or vessel, not to exceed 25 percent of the maximum 97 towing rate, to cover the cost of enforcement, including parking 98 enforcement, by the county when the vehicle or vessel is towed 99 from public property. However, an authorized wrecker operator or 100 towing business may impose and collect the administrative fee or 101 charge on behalf of the county and shall remit such fee or 102 charge to the county only after it is collected. 103 (3) This section does not affect an ordinance, resolution, 104 or regulation enacted on or before January 1, 2019, by a charter 105 county with a population exceeding 1.3 million according to the 106 most recent decennial census which relates to the towing, 107 impounding, removal, or storage of vehicles or vessels, 108 including any amendment or revision made to such ordinance, 109 resolution, or regulation after July 1, 2019; however, any 110 changes to the ordinance, resolution, or regulation cannot 111 include new fees or charges to the towing operator or owner of 112 the vehicle or vessel. 113 Section 3. Paragraphs (b) and (c) of subsection (1) of 114 section 166.043, Florida Statutes, are amended to read: 115 166.043 Ordinances and rules imposing price controls; 116 findings required; procedures.— 117 (1) 118 (b)The provisions ofThis section doesshallnot prevent 119 the enactment by local governments of public service rates 120 otherwise authorized by law, including water, sewer, solid 121 waste, public transportation, taxicab, or port rates;,rates for 122 towing of vehicles or vessels from, or immobilization of 123 vehicles or vessels on, private property;, orrates for removal 124 and storage of wrecked or disabled vehicles or vessels from an 125 accident scene; or rates fortheremoval and storage of vehicles 126 or vessels in the event the owner or operator is incapacitated, 127 unavailable, leaves the procurement of wrecker service to the 128 law enforcement officer at the scene, or otherwise does not 129 consent to the removal of the vehicle or vessel. For purposes of 130 this subsection, the term “vessels” means only vessels that are 131 located on land. 132 (c) Counties must establish maximum rates which may be 133 charged on the towing of vehicles or vessels from, or 134 immobilization of vehicles or vessels on, private property; the,135 removal and storage of wrecked or disabled vehicles or vessels 136 from an accident scene; orforthe removal and storage of 137 vehicles or vessels,in the event the owner or operator is 138 incapacitated, unavailable, leaves the procurement of wrecker 139 service to the law enforcement officer at the scene, or 140 otherwise does not consent to the removal of the vehicle or 141 vessel. However, if a municipality chooses to enact an ordinance 142 establishing the maximum ratesfeesfor the towing or 143 immobilization of vehicles or vessels as described in paragraph 144 (b), the county’s ordinance established under s. 125.0103 shall 145 not apply within such municipality. 146 Section 4. Section 166.04465, Florida Statutes, is created 147 to read: 148 166.04465 Rules and ordinances relating to towing 149 services.— 150 (1) A municipality may not enact an ordinance or rule that 151 would impose a fee or charge on an authorized wrecker operator, 152 as defined in s. 323.002(1), or on a towing business for towing, 153 impounding, or storing a vehicle or vessel. As used in this 154 section, the term “towing business” means a business that 155 provides towing services for monetary gain. 156 (2) The prohibition imposed in subsection (1) does not 157 affect a municipality’s authority to: 158 (a) Levy a reasonable business tax under s. 205.0315, s. 159 205.043, or s. 205.0535. 160 (b) Impose and collect a reasonable administrative fee or 161 charge on the registered owner or other legally authorized 162 person in control of a vehicle or vessel, or the lienholder of a 163 vehicle or vessel, not to exceed 25 percent of the maximum 164 towing rate, to cover the cost of enforcement, including parking 165 enforcement, by the municipality when the vehicle or vessel is 166 towed from public property. However, an authorized wrecker 167 operator or towing business may impose and collect the 168 administrative fee or charge on behalf of the municipality and 169 shall remit such fee or charge to the municipality only after it 170 is collected. 171 Section 5. Present subsection (4) of section 323.002, 172 Florida Statutes, is redesignated as subsection (6), and new 173 subsections (4) and (5) are added to that section, to read: 174 323.002 County and municipal wrecker operator systems; 175 penalties for operation outside of system.— 176 (4)(a) Except as provided in paragraph (b), a county or 177 municipality may not adopt or maintain in effect an ordinance or 178 rule that imposes a charge, cost, expense, fine, fee, or penalty 179 on an authorized wrecker operator, registered owner or other 180 legally authorized person in control of a vehicle or vessel, or 181 the lienholder of a vehicle or vessel, when the vehicle or 182 vessel is towed by an authorized wrecker operator under this 183 chapter. 184 (b) A county or municipality may adopt or maintain an 185 ordinance or rule that imposes a reasonable administrative fee 186 or charge on the registered owner or other legally authorized 187 person in control of a vehicle or vessel, or the lienholder of a 188 vehicle or vessel, that is towed by an authorized wrecker 189 operator, not to exceed 25 percent of the maximum towing rate, 190 to cover the cost of enforcement, including parking enforcement, 191 by the county or municipality when the vehicle or vessel is 192 towed from public property. However, an authorized wrecker 193 operator or towing business may impose and collect the 194 administrative fee or charge on behalf of the county or 195 municipality and shall remit such fee or charge to the county or 196 municipality only after it is collected. 197 (c) A municipality or county may not enact an ordinance or 198 rule requiring an authorized wrecker operator to accept checks 199 as a form of payment. 200 (5) This section does not affect an ordinance, resolution, 201 or regulation enacted on or before January 1, 2019, by a charter 202 county with a population exceeding 1.3 million according to the 203 most recent decennial census which relates to the towing, 204 impounding, removal, or storage of vehicles or vessels, 205 including any amendment or revision made to such ordinance, 206 resolution, or regulation after July 1, 2019; however, any 207 changes to the ordinance, resolution, or regulation may not 208 include new fees or charges to the towing operator or owner of 209 the vehicle or vessel. 210 Section 6. Subsection (2) of section 713.78, Florida 211 Statutes, is amended to read: 212 713.78 Liens for recovering, towing, or storing vehicles 213 and vessels.— 214 (2) Whenever a person regularly engaged in the business of 215 transporting vehicles or vessels by wrecker, tow truck, or car 216 carrier recovers, removes, or stores a vehicle or vessel upon 217 instructions from: 218 (a) The owner thereof; 219 (b) The owner or lessor, or a person authorized by the 220 owner or lessor, of property on which such vehicle or vessel is 221 wrongfully parked, and the removal is done in compliance with s. 222 715.07; 223 (c) The landlord or a person authorized by the landlord, 224 when such motor vehicle or vessel remained on the premises after 225 the tenancy terminated and the removal is done in compliance 226 with s. 83.806 or s. 715.104; or 227 (d) Any law enforcement agency, 228 229 she or he shall have a lien on the vehicle or vessel for a 230 reasonable towing fee, for a reasonable administrative fee or 231 charge imposed by a county or municipality, and for a reasonable 232 storage fee; except that no storage fee shall be charged if the 233 vehicle or vessel is stored for less than 6 hours. 234 Section 7. Subsections (2) and (4) of section 715.07, 235 Florida Statutes, are amended to read: 236 715.07 Vehicles or vessels parked on private property; 237 towing.— 238 (2) The owner or lessee of real property, or any person 239 authorized by the owner or lessee, which person may be the 240 designated representative of the condominium association if the 241 real property is a condominium, may cause any vehicle or vessel 242 parked on such property without her or his permission to be 243 removed by a person regularly engaged in the business of towing 244 vehicles or vessels, without liability for the costs of removal, 245 transportation, or storage or damages caused by such removal, 246 transportation, or storage, under any of the following 247 circumstances: 248 (a) The towing or removal of any vehicle or vessel from 249 private property without the consent of the registered owner or 250 other legally authorized person in control of that vehicle or 251 vessel is subject to strict compliance with the following 252 conditions and restrictions: 253 1.a. Any towed or removed vehicle or vessel must be stored 254 at a site within a 10-mile radius of the point of removal in any 255 county of 500,000 population or more, and within a 15-mile 256 radius of the point of removal in any county of less than 257 500,000 population. That site must be open for the purpose of 258 redemption of vehicles on any day that the person or firm towing 259 such vehicle or vessel is open for towing purposes, from 8:00 260 a.m. to 6:00 p.m., and, when closed, shall have prominently 261 posted a sign indicating a telephone number where the operator 262 of the site can be reached at all times. Upon receipt of a 263 telephoned request to open the site to redeem a vehicle or 264 vessel, the operator shall return to the site within 1 hour or 265 she or he will be in violation of this section. 266 b. If no towing business providing such service is located 267 within the area of towing limitations set forth in sub 268 subparagraph a., the following limitations apply: any towed or 269 removed vehicle or vessel must be stored at a site within a 20 270 mile radius of the point of removal in any county of 500,000 271 population or more, and within a 30-mile radius of the point of 272 removal in any county of less than 500,000 population. 273 2. The person or firm towing or removing the vehicle or 274 vessel shall, within 30 minutes after completion of such towing 275 or removal, notify the municipal police department or, in an 276 unincorporated area, the sheriff, of such towing or removal, the 277 storage site, the time the vehicle or vessel was towed or 278 removed, and the make, model, color, and license plate number of 279 the vehicle or description and registration number of the vessel 280 and shall obtain the name of the person at that department to 281 whom such information was reported and note that name on the 282 trip record. 283 3. A person in the process of towing or removing a vehicle 284 or vessel from the premises or parking lot in which the vehicle 285 or vessel is not lawfully parked must stop when a person seeks 286 the return of the vehicle or vessel. The vehicle or vessel must 287 be returned upon the payment of a reasonable service fee of not 288 more than one-half of the posted rate for the towing or removal 289 service as provided in subparagraph 6. The vehicle or vessel may 290 be towed or removed if, after a reasonable opportunity, the 291 owner or legally authorized person in control of the vehicle or 292 vessel is unable to pay the service fee. If the vehicle or 293 vessel is redeemed, a detailed signed receipt must be given to 294 the person redeeming the vehicle or vessel. 295 4. A person may not pay or accept money or other valuable 296 consideration for the privilege of towing or removing vehicles 297 or vessels from a particular location. 298 5. Except for property appurtenant to and obviously a part 299 of a single-family residence, and except for instances when 300 notice is personally given to the owner or other legally 301 authorized person in control of the vehicle or vessel that the 302 area in which that vehicle or vessel is parked is reserved or 303 otherwise unavailable for unauthorized vehicles or vessels and 304 that the vehicle or vessel is subject to being removed at the 305 owner’s or operator’s expense, any property owner or lessee, or 306 person authorized by the property owner or lessee, prior to 307 towing or removing any vehicle or vessel from private property 308 without the consent of the owner or other legally authorized 309 person in control of that vehicle or vessel, must post a notice 310 meeting the following requirements: 311 a. The notice must be prominently placed at each driveway 312 access or curb cut allowing vehicular access to the property,313within 5 feet from the public right-of-way line. If there are no 314 curbs or access barriers, the signs must be posted not less than 315 one sign for each 25 feet of lot frontage. 316 b. The notice mustclearlyindicate, in not less than 2 317 inch high, light-reflective letters on a contrasting background, 318 that unauthorized vehicles will be towed away at the owner’s 319 expense. The words “tow-away zone” must be included on the sign 320 in not less than 4-inch high letters. 321 c. The notice must also provide the name and current 322 telephone number of the person or firm towing or removing the 323 vehicles or vessels. 324 d. The sign structure containing the required notices must 325 be permanently installed with the words “tow-away zone”not less326than 3 feet and not more than 6 feet above ground leveland must 327 be continuously maintained on the property for not less than 24 328 hours prior to the towing or removal of any vehicles or vessels. 329 e. The local government may require permitting and 330 inspection of these signs prior to any towing or removal of 331 vehicles or vessels being authorized. 332 f. A business with 20 or fewer parking spaces satisfies the 333 notice requirements of this subparagraph by prominently 334 displaying a sign stating “Reserved Parking for Customers Only 335 Unauthorized Vehicles or Vessels Will be Towed Away At the 336 Owner’s Expense” in not less than 4-inch high, light-reflective 337 letters on a contrasting background. 338 g. A property owner towing or removing vessels from real 339 property must post notice, consistent with the requirements in 340 sub-subparagraphs a.-f., which apply to vehicles, that 341 unauthorized vehicles or vessels will be towed away at the 342 owner’s expense. 343 344 A business owner or lessee may authorize the removal of a 345 vehicle or vessel by a towing company when the vehicle or vessel 346 is parked in such a manner that restricts the normal operation 347 of business; and if a vehicle or vessel parked on a public 348 right-of-way obstructs access to a private driveway the owner, 349 lessee, or agent may have the vehicle or vessel removed by a 350 towing company upon signing an order that the vehicle or vessel 351 be removed without a posted tow-away zone sign. 352 6. Any person or firm that tows or removes vehicles or 353 vessels and proposes to require an owner, operator, or person in 354 control or custody of a vehicle or vessel to pay the costs of 355 towing and storage prior to redemption of the vehicle or vessel 356 must file and keep on record with the local law enforcement 357 agency a complete copy of the current rates to be charged for 358 such services and post at the storage site an identical rate 359 schedule and any written contracts with property owners, 360 lessees, or persons in control of property which authorize such 361 person or firm to remove vehicles or vessels as provided in this 362 section. 363 7. Any person or firm towing or removing any vehicles or 364 vessels from private property without the consent of the owner 365 or other legally authorized person in control or custody of the 366 vehicles or vessels shall, on any trucks, wreckers as defined in 367 s. 713.78(1)(c), or other vehicles used in the towing or 368 removal, have the name, address, and telephone number of the 369 company performing such service clearly printed in contrasting 370 colors on the driver and passenger sides of the vehicle. The 371 name shall be in at least 3-inch permanently affixed letters, 372 and the address and telephone number shall be in at least 1-inch 373 permanently affixed letters. 374 8. Vehicle entry for the purpose of removing the vehicle or 375 vessel shall be allowed with reasonable care on the part of the 376 person or firm towing the vehicle or vessel. Such person or firm 377 shall be liable for any damage occasioned to the vehicle or 378 vessel if such entry is not in accordance with the standard of 379 reasonable care. 380 9. When a vehicle or vessel has been towed or removed 381 pursuant to this section, it must be released to its owner or 382 person in control or custodycustodianwithin one hour after 383 requested. Any vehicle or vessel owner or person in control or 384 custody hasagent shall havethe right to inspect the vehicle or 385 vessel before accepting its return, and no release or waiver of 386 any kind which would release the person or firm towing the 387 vehicle or vessel from liability for damages noted by the owner 388 or the person in control or custodyother legally authorized389personat the time of the redemption may be required from any 390 vehicle or vessel owner or person in control or custody,391custodian, or agentas a condition of release of the vehicle or 392 vessel to its owner. A detailed, signed receipt showing the 393 legal name of the company or person towing or removing the 394 vehicle or vessel must be given to the person paying towing or 395 storage charges at the time of payment, whether requested or 396 not. 397 (b) These requirements are minimum standards and do not 398 preclude enactment of additional regulations by any municipality 399 or county including the right to regulate rates when vehicles or 400 vessels are towed from private property. However, a municipality 401 or county may not enact an ordinance or rule requiring a towing 402 business to accept checks as a form of payment. Additionally, a 403 municipality or county may not authorize attorney fees or court 404 costs in connection with the towing of vehicles or vessels from 405 private property. The regulation of attorney fees and court 406 costs in connection with the towing of vehicles or vessels from 407 private property is expressly preempted to the state and any 408 municipal or county ordinance on the subject is void. 409(4) When a person improperly causes a vehicle or vessel to410be removed, such person shall be liable to the owner or lessee411of the vehicle or vessel for the cost of removal,412transportation, and storage; any damages resulting from the413removal, transportation, or storage of the vehicle or vessel;414attorney’s fees; and court costs.415 Section 8. This act shall take effect July 1, 2019.