Florida Senate - 2024 SB 332 By Senator Burgess 23-00318A-24 2024332__ 1 A bill to be entitled 2 An act relating to wrecker operators; amending ss. 3 125.0103 and 166.043, F.S.; requiring counties to 4 establish maximum rates for the storage of electric 5 vehicles; authorizing such maximum rates to exceed a 6 specified rate; amending s. 323.001, F.S.; specifying 7 financial responsibility for vehicles stored more than 8 30 days at a wrecker operators storage facility; 9 creating s. 323.003, F.S.; authorizing a wrecker 10 operator to charge certain fees under certain 11 circumstances; amending s. 713.78, F.S.; replacing the 12 term law enforcement agency with governmental 13 entity; revising the notice requirements for certain 14 unclaimed vehicles; making technical changes; 15 providing an effective date. 16 17 Be It Enacted by the Legislature of the State of Florida: 18 19 Section 1.Paragraph (d) is added to subsection (1) of 20 section 125.0103, Florida Statutes, to read: 21 125.0103Ordinances and rules imposing price controls. 22 (1) 23 (d)Counties must establish maximum rates that may be 24 charged by a wrecker operator for the storage of electric 25 vehicles in the operators storage facilities. Such rates may 26 exceed the rate that is charged for the cost of storing vehicles 27 that run on gasoline or diesel fuels. 28 Section 2.Paragraph (d) is added to subsection (1) of 29 section 166.043, Florida Statutes, to read: 30 166.043Ordinances and rules imposing price controls. 31 (1) 32 (d)Counties must establish maximum rates that may be 33 charged by a wrecker operator for the storage of electric 34 vehicles in the operators storage facilities. Such rates may 35 exceed the rate that is charged for the cost of storing vehicles 36 that run on gasoline or diesel fuels. 37 Section 3.Subsection (7) of section 323.001, Florida 38 Statutes, is amended to read: 39 323.001Wrecker operator storage facilities; vehicle 40 holds. 41 (7)When a vehicle owner is found guilty of, or pleads nolo 42 contendere to, the offense that resulted in a hold being placed 43 on his or her vehicle, regardless of the adjudication of guilt, 44 the owner must pay the accrued towing and storage charges 45 assessed against the vehicle. If a vehicle is stored at a 46 wrecker operators storage facility for more than 30 days, the 47 person, entity, or agency that requested that the vehicle be 48 held at the wrecker operators storage facility is financially 49 responsible for the daily cost of storing the vehicle after 30 50 days. 51 Section 4.Section 323.003, Florida Statutes, is created to 52 read: 53 323.003Wrecker operator fees.A wrecker operator may 54 charge fair and reasonable fees plus 10 percent for the cleanup, 55 containment, and disposal of pollution and hazardous materials. 56 A wrecker operator may charge fair and reasonable fees plus 10 57 percent for any cleanup and disposal necessary after an accident 58 or fire or any accidental discharge of any hazardous materials 59 or debris associated with an electric vehicle. 60 Section 5.Paragraph (b) of subsection (4) and subsection 61 (6) of section 713.78, Florida Statutes, are amended to read: 62 713.78Liens for recovering, towing, or storing vehicles 63 and vessels. 64 (4) 65 (b)Whenever a governmental entity law enforcement agency 66 authorizes the removal of a vehicle or vessel or whenever a 67 towing service, garage, repair shop, or automotive service, 68 storage, or parking place notifies the governmental entity law 69 enforcement agency of possession of a vehicle or vessel pursuant 70 to s. 715.07(2)(a)2., the governmental entity law enforcement 71 agency of the jurisdiction where the vehicle or vessel is stored 72 shall contact the Department of Highway Safety and Motor 73 Vehicles, or the appropriate agency of the state of 74 registration, if known, within 24 hours through the medium of 75 electronic communications, giving the full description of the 76 vehicle or vessel. Upon receipt of the full description of the 77 vehicle or vessel, the department shall search its files to 78 determine the owners name, the insurance company insuring the 79 vehicle or vessel, and whether any person has filed a lien upon 80 the vehicle or vessel as provided in s. 319.27(2) and (3) and 81 notify the applicable governmental entity law enforcement agency 82 within 72 hours. The person in charge of the towing service, 83 garage, repair shop, or automotive service, storage, or parking 84 place shall obtain such information from the applicable 85 governmental entity law enforcement agency within 5 days after 86 the date of storage and shall give notice pursuant to paragraph 87 (a). The department may release the insurance company 88 information to the requestor notwithstanding s. 627.736. 89 (6)A vehicle or vessel that is stored pursuant to 90 subsection (2) and remains unclaimed, or for which reasonable 91 charges for recovery, towing, or storing remain unpaid, and any 92 contents not released pursuant to subsection (10), may be sold 93 by the owner or operator of the storage space for such towing or 94 storage charge 35 days after the vehicle or vessel is stored by 95 the lienor if the vehicle or vessel is more than 3 years of age 96 or 50 days after the vehicle or vessel is stored by the lienor 97 if the vehicle or vessel is 3 years of age or less. The sale 98 must shall be at public sale for cash. If the date of the sale 99 was not included in the notice required in subsection (4), 100 notice of the sale must shall be given to the person in whose 101 name the vehicle or vessel is registered and to all persons 102 claiming a lien on the vehicle or vessel as shown on the records 103 of the Department of Highway Safety and Motor Vehicles or of any 104 corresponding agency in any other state in which the vehicle is 105 identified through a records check of the National Motor Vehicle 106 Title Information System or an equivalent commercially available 107 system as being titled. Notice of the sale must be sent by 108 certified mail. The notice must have clearly identified and 109 printed, if the claim of lien is for a motor vehicle, the last 8 110 digits of the vehicle identification number of the motor vehicle 111 subject to the lien, or, if the claim of lien is for a vessel, 112 the hull identification number of the vessel subject to the 113 lien, in the delivery address box and on the outside of the 114 envelope sent to the registered owner and all other persons 115 claiming an interest therein or lien thereon. The notice must be 116 sent to the owner of the vehicle or vessel and the person having 117 the recorded lien on the vehicle or vessel at the address shown 118 on the records of the registering agency at least 30 days before 119 the sale of the vehicle or vessel. The notice must state the 120 name, physical address, and telephone number of the lienor, and 121 the vehicle identification number if the claim of lien is for a 122 vehicle or the hull identification number if the claim of lien 123 is for a vessel, all of which must also appear in the return 124 address section on the outside of the envelope containing the 125 notice of sale. After diligent search and inquiry, if the name 126 and address of the registered owner or the owner of the recorded 127 lien cannot be ascertained, the requirements of notice by mail 128 may be dispensed with. In addition to the notice by mail, public 129 notice of the time and place of sale must shall be made by 130 publishing a notice thereof one time, at least 10 days before 131 the date of the sale, in a central database or online format 132 approved or operated by the Department of Highway Safety and 133 Motor Vehicles in a newspaper of general circulation in the 134 county in which the sale is to be held. The proceeds of the 135 sale, after payment of reasonable towing and storage charges, 136 and costs of the sale, in that order of priority, shall be 137 deposited with the clerk of the circuit court for the county if 138 the owner or lienholder is absent, and the clerk shall hold such 139 proceeds subject to the claim of the owner or lienholder legally 140 entitled thereto. The clerk is shall be entitled to receive 5 141 percent of such proceeds for the care and disbursement thereof. 142 The certificate of title issued under this law must shall be 143 discharged of all liens unless otherwise provided by court 144 order. The owner or lienholder may file a complaint after the 145 vehicle or vessel has been sold in the county court of the 146 county in which it is stored. Upon determining the respective 147 rights of the parties, the court may award damages, attorney 148 fees, and costs in favor of the prevailing party. 149 Section 6.This act shall take effect July 1, 2024.