HB 661 2024
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
A bill to be entitled 1
An act relating to wrecker operators; amending s. 2
166.043, F.S.; requiring counties to establish maximum 3
rates for the storage of electric vehicles; 4
authorizing a wrecker operator's storage facility to 5
charge certain costs for certain cleanup, containment, 6
and disposal; amending s. 323.001, F.S.; specifying 7
financial responsibility for vehicles stored for more 8
than 30 days at a wrecker operator's stora ge facility; 9
amending s. 713.78, F.S.; authorizing a governmental 10
entity to instruct or authorize the removal of a 11
vehicle or vessel; requiring certain communications 12
among such governmental entity, the Department of 13
Highway Safety and Motor Vehicles, and the person in 14
charge of the location where such vehicle or vessel is 15
stored; requiring public notice of the sale of an 16
unclaimed vehicle or vessel to be published in a 17
central database or online format approved or operated 18
by the department; removing the r equirement that such 19
notice be published in a newspaper; providing an 20
effective date. 21
22
Be It Enacted by the Legislature of the State of Florida: 23
24
Section 1. Paragraphs (d) and (e) are added to subsection 25
HB 661 2024
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
(1) of section 166.043, Florida Statutes, to read: 26
166.043 Ordinances and rules imposing price controls. — 27
(1) 28
(d) Counties must establish maximum rates which may be 29
charged for the storage of electric vehicles at a rate of at 30
least three times the rate that is charged for the cost of 31
storing vehicles that are powered by gasoline or diesel fuels. A 32
wrecker operator's storage facility may also charge fair and 33
reasonable costs, plus 10 percent, for cleanup and disposal 34
related to an accident or crash, a fire, or accidental discharge 35
of any hazardous materials or debris associated with an electric 36
vehicle. 37
(e) Wrecker operators may charge fair and reasonable 38
costs, plus 10 percent, for cleanup, containment, and disposal 39
of pollution and hazardous materials. 40
Section 2. Subsection (7) of sectio n 323.001, Florida 41
Statutes, is amended to read: 42
323.001 Wrecker operator storage facilities; vehicle 43
holds.— 44
(7) When a vehicle owner is found guilty of, or pleads 45
nolo contendere to, the offense that resulted in a hold being 46
placed on his or her vehi cle, regardless of the adjudication of 47
guilt, the owner must pay the accrued towing and storage charges 48
assessed against the vehicle. If a vehicle is stored at a 49
wrecker operator's storage facility for more than 30 days, the 50
HB 661 2024
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
person, entity, or agency that requested that the vehicle be 51
held at the wrecker operator's storage facility is financially 52
responsible for the daily cost of storing the vehicle after 30 53
days. 54
Section 3. Paragraph (d) of subsection (2), paragraph (b) 55
of subsection (4), and subsectio n (6) of section 713.78, Florida 56
Statutes, are amended to read: 57
713.78 Liens for recovering, towing, or storing vehicles 58
and vessels.— 59
(2) Whenever a person regularly engaged in the business of 60
transporting vehicles or vessels by wrecker, tow truck, or car 61
carrier recovers, removes, or stores a vehicle or vessel upon 62
instructions from: 63
(d) Any law enforcement agency or governmental entity , 64
65
she or he shall have a lien on the vehicle or vessel for a 66
reasonable towing fee, for a reasonable administrative fee or 67
charge imposed by a county or municipality, and for a reasonable 68
storage fee; except that a storage fee may not be charged if the 69
vehicle or vessel is stored for fewer than 6 hours. 70
(4) 71
(b) Whenever a law enforcement agency or governmental 72
entity authorizes the removal of a vehicle or vessel or whenever 73
a towing service, garage, repair shop, or automotive service, 74
storage, or parking place notifies the law enforcement agency or 75
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
governmental entity of possession of a vehicle or vessel 76
pursuant to s. 715.07(2)(a)2., the law enforcement agency or 77
governmental entity of the jurisdiction where the vehicle or 78
vessel is stored shall contact the Department of Highway Safety 79
and Motor Vehicles, or the a ppropriate agency of the state of 80
registration, if known, within 24 hours through the medium of 81
electronic communications, giving the full description of the 82
vehicle or vessel. Upon receipt of the full description of the 83
vehicle or vessel, the department s hall search its files to 84
determine the owner's name, the insurance company insuring the 85
vehicle or vessel, and whether any person has filed a lien upon 86
the vehicle or vessel as provided in s. 319.27(2) and (3) and 87
notify the applicable law enforcement agen cy or governmental 88
entity within 72 hours. The person in charge of the towing 89
service, garage, repair shop, or automotive service, storage, or 90
parking place shall obtain such information from the applicable 91
law enforcement agency or governmental entity within 5 days 92
after the date of storage and shall give notice pursuant to 93
paragraph (a). The department may release the insurance company 94
information to the requestor notwithstanding s. 627.736. 95
(6) A vehicle or vessel that is stored pursuant to 96
subsection (2) and remains unclaimed, or for which reasonable 97
charges for recovery, towing, or storing remain unpaid, and any 98
contents not released pursuant to subsection (10), may be sold 99
by the owner or operator of the storage space for such towing or 100
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
storage charge 35 days after the vehicle or vessel is stored by 101
the lienor if the vehicle or vessel is more than 3 years of age 102
or 50 days after the vehicle or vessel is stored by the lienor 103
if the vehicle or vessel is 3 years of age or less. The sale 104
shall be at public sale for cash. If the date of the sale was 105
not included in the notice required in subsection (4), notice of 106
the sale shall be given to the person in whose name the vehicle 107
or vessel is registered and to all persons claiming a lien on 108
the vehicle or vesse l as shown on the records of the Department 109
of Highway Safety and Motor Vehicles or of any corresponding 110
agency in any other state in which the vehicle is identified 111
through a records check of the National Motor Vehicle Title 112
Information System or an equiv alent commercially available 113
system as being titled. Notice of the sale must be sent by 114
certified mail. The notice must have clearly identified and 115
printed, if the claim of lien is for a motor vehicle, the last 8 116
digits of the vehicle identification number of the motor vehicle 117
subject to the lien, or, if the claim of lien is for a vessel, 118
the hull identification number of the vessel subject to the 119
lien, in the delivery address box and on the outside of the 120
envelope sent to the registered owner and all other persons 121
claiming an interest therein or lien thereon. The notice must be 122
sent to the owner of the vehicle or vessel and the person having 123
the recorded lien on the vehicle or vessel at the address shown 124
on the records of the registering agency at least 30 days before 125
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
the sale of the vehicle or vessel. The notice must state the 126
name, physical address, and telephone number of the lienor, and 127
the vehicle identification number if the claim of lien is for a 128
vehicle or the hull identification number if the claim of lien 129
is for a vessel, all of which must also appear in the return 130
address section on the outside of the envelope containing the 131
notice of sale. After diligent search and inquiry, if the name 132
and address of the registered owner or the owner of the record ed 133
lien cannot be ascertained, the requirements of notice by mail 134
may be dispensed with. In addition to the notice by mail, public 135
notice of the time and place of sale shall be made by publishing 136
a notice thereof one time, at least 10 days before the date of 137
the sale, in a central database or online format approved or 138
operated by the department newspaper of general circulation in 139
the county in which the sale is to be held . The proceeds of the 140
sale, after payment of reasonable towing and storage charges, 141
and costs of the sale, in that order of priority, shall be 142
deposited with the clerk of the circuit court for the county if 143
the owner or lienholder is absent, and the clerk shall hold such 144
proceeds subject to the claim of the owner or lienholder legally 145
entitled thereto. The clerk shall be entitled to receive 5 146
percent of such proceeds for the care and disbursement thereof. 147
The certificate of title issued under this law shall be 148
discharged of all liens unless otherwise provided by court 149
order. The owner or lien holder may file a complaint after the 150
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
vehicle or vessel has been sold in the county court of the 151
county in which it is stored. Upon determining the respective 152
rights of the parties, the court may award damages, attorney 153
fees, and costs in favor of the prev ailing party. 154
Section 4. This act shall take effect July 1, 2024. 155