FL
Florida House Bill H0577

Florida 2025 Regular Session

Florida House Bill H0577 Compare Versions

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1010 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
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1414 A bill to be entitled 1
1515 An act relating to the removal, storage, and cleanup 2
16-of electric vehicles; amending s. 125.0103, F.S.; 3
17-requiring counties to establish a daily administration 4
18-fee for the proper storage of certain electric 5
19-vehicles; providing a maximum amount for such fees; 6
20-providing applicability; defining the terms "daily 7
21-administration fee" and "proper storage"; amending s. 8
22-166.043, F.S.; authorizing municipalities to establish 9
23-a daily administration fee for the proper storage of 10
24-certain electric vehicles; providing a maximum amount 11
25-for such fees; providing applicability; defining the 12
26-terms "daily administration fee" and "proper storage"; 13
27-creating s. 324.0222, F.S.; providing tha t motor 14
28-vehicle insurers are not required to pay certain 15
29-costs; amending s. 713.78, F.S.; providing that a 16
30-reasonable fee for service includes any daily 17
31-administration fee; providing an effective date. 18
16+of electric vehicles; amending ss. 125.0103 and 3
17+166.043, F.S.; prohibiting counties and municipalities 4
18+from prohibiting a wrecker service or towing -storage 5
19+or wrecker operator from charging a reasonable daily 6
20+administrative fee for the storage of electric 7
21+vehicles that have been involved in an accident; 8
22+providing a maximum amount for such fees; defining the 9
23+term "daily administrative fee"; creating s. 324.0222, 10
24+F.S.; providing that motor vehicle insurers are not 11
25+required to pay certain costs; amending s. 713.78, 12
26+F.S.; authorizing a towing -storage or wrecker operator 13
27+to charge a reasonable daily administrative fee for 14
28+the storage of electric vehicles that have been 15
29+involved in an accident; providing a maximum amount 16
30+for such fees; defining the term "daily administrative 17
31+fee"; providing an effective date. 18
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3333 Be It Enacted by the Legislature of the State of Florida : 20
3434 21
3535 Section 1. Paragraph (d) of subsection (1) of section 22
3636 125.0103, Florida Statutes, is redesignated as paragraph (e), 23
3737 and a new paragraph (d) is added to that subsection to read: 24
3838 125.0103 Ordinances and rules imposing price controls. — 25
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4747 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
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5151 (1) 26
52- (d)1. Counties shall establish a daily administration fee 27
53-for the proper storage of electric vehicles, as defined in s. 28
54-320.01(36), which have been involved in an accident. The daily 29
55-administration fee for proper storage of an electric vehicle may 30
56-be up to three times the amount established under paragraph (c) 31
57-and shall apply in the event the electric vehicle owner or 32
58-operator is incapacitated, is unavailable, leaves the 33
59-procurement of wrecker service to the law enforcement officer at 34
60-the scene, or otherwis e does not consent to the removal of the 35
61-electric vehicle. Such fee may not be charged unless the 36
62-electric vehicle is properly stored as defined in this 37
63-paragraph. 38
64- 2. For purposes of this paragraph, the term: 39
65- a. "Daily administration fee" means a fee i mposed by a 40
66-wrecker service or towing -storage or wrecker operator for 41
67-administrative costs for towing and storing a damaged electric 42
68-vehicle after the cleanup of the accident scene and debris 43
69-removal in order to provide proper storage of the damaged 44
70-electric vehicle. 45
71- b. "Proper storage" means the damaged electric vehicle is 46
72-separated from combustibles and structures by at least 50 feet 47
73-on all sides or is surrounded by a barrier of earth, steel, 48
74-concrete, or solid masonry. 49
75- Section 2. Paragraph (d) of s ubsection (1) of section 50
52+ (d) No county or municipality may prohibit a wrecker 27
53+service or towing-storage or wrecker operator from charging a 28
54+reasonable daily administrative fee for the storage of electric 29
55+vehicles that have been involved in an accident in addition to 30
56+fees specifically aut horized in paragraph (c). Such daily 31
57+administrative fee may not exceed three times the daily rate for 32
58+storage authorized in paragraph (c). For purposes of this 33
59+paragraph, the term "daily administrative fee" means any fee 34
60+imposed by a wrecker service or tow ing-storage or wrecker 35
61+operator for administrative costs added to the amount due for 36
62+towing and storing the electric vehicle that are associated with 37
63+and unique to the cleanup of the accident scene, debris removal, 38
64+and additional costs related to storing t hat are specific to an 39
65+electric vehicle that has been in an accident. 40
66+ Section 2. Paragraph (d) of subsection (1) of section 41
67+166.043, Florida Statutes, is redesignated as paragraph (e), and 42
68+a new paragraph (d) is added to that subsection to read: 43
69+ 166.043 Ordinances and rules imposing price controls. — 44
70+ (1) 45
71+ (d) No county or municipality may prohibit a wrecker 46
72+service or towing-storage or wrecker operator from charging a 47
73+reasonable daily administrative fee for the storage of electric 48
74+vehicles that have been involved in an accident in addition to 49
75+fees specifically authorized in paragraph (c). Such daily 50
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8484 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
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88-166.043, Florida Statutes, is redesignated as paragraph (e), and 51
89-a new paragraph (d) is added to that subsection to read: 52
90- 166.043 Ordinances and rules imposing price controls. — 53
91- (1) 54
92- (d)1. Municipalities may establish a daily ad ministration 55
93-fee for the proper storage of electric vehicles, as defined in 56
94-s. 320.01(36), which have been involved in an accident. The 57
95-daily administration fee for proper storage of an electric 58
96-vehicle may be up to three times the amount established under 59
97-paragraph (c) and shall apply in the event the electric vehicle 60
98-owner or operator is incapacitated, is unavailable, leaves the 61
99-procurement of wrecker service to the law enforcement officer at 62
100-the scene, or otherwise does not consent to the removal of the 63
101-electric vehicle. Such fee may not be charged unless the 64
102-electric vehicle is properly stored as defined in this 65
103-paragraph. If a municipality enacts an ordinance establishing a 66
104-daily administration fee as defined in this paragraph, a 67
105-county's ordinance esta blishing a daily administration fee under 68
106-s. 125.0103(1)(d) does not apply within such municipality. 69
107- 2. For purposes of this paragraph, the term: 70
108- a. "Daily administration fee" means a fee imposed by a 71
109-wrecker service or towing -storage or wrecker operator for 72
110-administrative costs for towing and storing a damaged electric 73
111-vehicle after the cleanup of the accident scene and debris 74
88+administrative fee may not exceed three times the daily rate for 51
89+storage authorized in paragraph (c). For purposes of this 52
90+paragraph, the term "daily admi nistrative fee" means any fee 53
91+imposed by a wrecker service or towing -storage or wrecker 54
92+operator for administrative costs added to the amount due for 55
93+towing and storing the electric vehicle that are associated with 56
94+and unique to the cleanup of the accident scene, debris removal, 57
95+and additional costs related to storing that are specific to an 58
96+electric vehicle that has been in an accident. 59
97+ Section 3. Section 324.0222, Florida Statutes, is created 60
98+to read: 61
99+ 324.0222 Storage of electric vehicles; coverage. —Nothing 62
100+in s. 125.0103 or s. 166.043 relating to the storage of electric 63
101+vehicles requires a motor vehicle insurer to pay any costs 64
102+beyond what is covered pursuant to a contract with its insured. 65
103+ Section 4. Paragraph (a) of subsection (2) of section 66
104+713.78, Florida Statutes, is amended to read: 67
105+ 713.78 Liens for recovering, towing, or storing vehicles 68
106+and vessels.— 69
107+ (2)(a) A towing-storage operator may charge the owner or 70
108+operator of a vehicle or vessel only the following fees for, or 71
109+incidental to, the recovery, removal, or storage of the vehicle 72
110+or vessel: 73
111+ 1. Any reasonable fee for service specifically authorized 74
112+under s. 125.0103 or s. 166.043 by ordinance, resolution, 75
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120121 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
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124-removal in order to provide proper storage of the damaged 75
125-electric vehicle. 76
126- b. "Proper storage" means the damaged electric vehicle is 77
127-separated from combustibles and structures by at least 50 feet 78
128-on all sides or is surrounded by a barrier of earth, steel, 79
129-concrete, or solid masonry. 80
130- Section 3. Section 324.0222, Florida Statutes, is created 81
131-to read: 82
132- 324.0222 Storage of electric vehicles; coverage. —Nothing 83
133-in s. 125.0103 or s. 166.043 relating to the storage of electric 84
134-vehicles requires a motor vehicle insurer to pay a ny costs 85
135-beyond costs covered pursuant to a contract with its insured. 86
136- Section 4. Paragraph (a) of subsection (2) of section 87
137-713.78, Florida Statutes, is amended to read: 88
138- 713.78 Liens for recovering, towing, or storing vehicles 89
139-and vessels.— 90
140- (2)(a) A towing-storage operator may charge the owner or 91
141-operator of a vehicle or vessel only the following fees for, or 92
142-incidental to, the recovery, removal, or storage of the vehicle 93
143-or vessel: 94
144- 1. Any reasonable fee for service , including any daily 95
145-administration fee, specifically authorized under s. 125.0103 or 96
146-s. 166.043 by ordinance, resolution, regulation, or rule of the 97
147-county or municipality in which the service is performed. 98
148- 2. Any reasonable fee for service specifically authorized 99
125+regulation, or rule of the county or municipality in which the 76
126+service is performed. 77
127+ 2. Any reasonable fee for service specifically authorized 78
128+by the Division of Florida Highway Patrol of the Department of 79
129+Highway Safety and Motor Vehicles under s. 321.051(2). 80
130+ 3. Any reasonable fee for service as agreed upon in 81
131+writing between a towing-storage operator and the owner of a 82
132+vehicle or vessel. 83
133+ 4. Any lien release administrative fee as set forth in 84
134+paragraph (15)(a). 85
135+ 5. Any reasonable administrative fee or charge imposed by 86
136+a county or municipality pursuant to s. 125.01047, s. 166 .04465, 87
137+or s. 323.002 upon the registered owner or other legally 88
138+authorized person in control of a vehicle or vessel. 89
139+ 6. Any reasonable daily administrative fee for the storage 90
140+of electric vehicles that have been involved in an accident, 91
141+which may be charged in addition to fees specifically authorized 92
142+under s. 125.0103 or s. 166.043. Such daily administrative fee 93
143+may not exceed three times the daily rate for storage authorized 94
144+under s. 125.0103 or s. 166.043. For purposes of this 95
145+subparagraph, the term "d aily administrative fee" means any fee 96
146+imposed by a towing-storage or wrecker operator for 97
147+administrative costs added to the amount due for towing and 98
148+storing the electric vehicle that are associated with and unique 99
149+to the cleanup of the accident scene, de bris removal, and 100
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157158 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
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161-by the Division of Florida Highway Patrol of the Department of 100
162-Highway Safety and Motor Vehicles under s. 321.051(2). 101
163- 3. Any reasonable fee for service as agreed upon in 102
164-writing between a towing -storage operator and the owner of a 103
165-vehicle or vessel. 104
166- 4. Any lien release administrative fee as set forth in 105
167-paragraph (15)(a). 106
168- 5. Any reasonable administrative fee or charge imposed by 107
169-a county or municipality pursuant to s. 125.01047, s. 166.04465, 108
170-or s. 323.002 upon the registered owner or other legally 109
171-authorized person in control of a vehicle or vessel. 110
172- Section 5. This act shall take effect July 1, 2025. 111
162+additional costs related to storing that are specific to an 101
163+electric vehicle that has been in an accident. 102
164+ Section 5. This act shall take effect July 1, 2025. 103