The Florida Senate
BILL ANALYSIS AND FISCAL IMPACT STATEMENT
(This document is based on the provisions contained in the legislation as of the latest date listed below.)
Prepared By: The Professional Staff of the Committee on Transportation
BILL: SB 872
INTRODUCER: Senator Ingoglia
SUBJECT: County Price Controls for the Removal and Storage of Electric Vehicles
DATE: March 10, 2025
ANALYST STAFF DIRECTOR REFERENCE ACTION
1. Shutes Vickers TR Pre-meeting
2. CA
3. FP
I. Summary:
SB 872 provides that counties must establish maximum rates for the removal and storage of
electric vehicles from an accident scene, which may be up to 3 times the rates established by the
wrecker operator for the removal and storage of vehicles that run on gasoline or diesel fuels.
The bill authorizes wrecker operators to charge fair and reasonable fees plus 10 percent for the
cleanup of an accident scene and the removal of an electric vehicle, including a fire or any
accidental discharge of any hazardous materials or debris associated with the electric vehicle.
The bill may have an indeterminate negative fiscal impact owners of electric vehicles and
indeterminate positive fiscal impact on wrecker operators. See Section V. Fiscal Impact
Statement.
The bill takes effect July 1, 2025.
II. Present Situation:
Towing Fees
A county, municipality, or other entity of local government may not adopt an ordinance or a rule
that imposes price controls upon lawful business activities that is not franchised by, owned by, or
under contract with, the governmental agency, unless specifically provided by general law.
1
Florida law does not prevent the enactment by local governments of public service rates
otherwise authorized by law, including rates for towing of vehicles or vessels from or
immobilization of vehicles or vessels on private property, or rates for removal and storage of
wrecked or disabled vehicles or vessels from an accident scene or the removal and storage of
1
Section 166.043 (1), F.S.
REVISED: BILL: SB 872 Page 2
vehicles or vessels in the event the owner or operator is incapacitated, unavailable, leaves the
procurement of wrecker service to the law enforcement officer at the scene, or otherwise does
not consent to the removal of the vehicle or vessel.
2
Counties must establish maximum rates which may be charged on the towing of vehicles or
vessels from or immobilization of vehicles or vessels on private property or which may be
charged for removal and storage of wrecked or disabled vehicles or vessels from an accident
scene or for the removal and storage of vehicles or vessels, in the event the owner or operator is
incapacitated, unavailable, leaves the procurement of wrecker service to the law enforcement
officer at the scene, or otherwise does not consent to the removal of the vehicle or vessel.
However, if a municipality chooses to enact an ordinance establishing the maximum rates for the
towing or immobilization of vehicles or vessels, the county’s ordinance established under
s. 125.0103, F.S., does not apply within such municipality.
3
A county or municipality that has established maximum rates, must publish such rates on its
website and must establish a process for investigating and resolving complaints regarding fees
charged in excess of such rates. In areas where no maximum rates have been established, the
maximum rates established by the Division of Florida Highway Patrol under s. 321.051(2), F.S.,
apply.
4
Handling of Damaged Electric Vehicles
The National Highway Traffic Safety Administration (NHTSA) has issued guidance for the
handling of electric and hybrid-electric vehicles equipped with high-voltage batteries in certain
situations.
5
The guidance provides that in the event of damage, fire, or flooding involving an
electric vehicles or hybrid-electric vehicle:
• Assume that the high-voltage battery and the associated components are energized and fully
charged;
• Exposed electrical components, wires, and high voltage batteries present potential high
voltage shock hazards;
• Venting/off-gassing high voltage battery vapors are potentially flammable;
• Physical damage to vehicle or high voltage battery may result in immediate or delayed
release of toxic and/or flammable gases and fire; and
• A high voltage battery in a flooded vehicle may have high voltage and short circuits that can
shock and cause fires.
In a post incident situation, the NHTSA guidance recommends to not store a severely damaged
vehicle with a lithium-ion battery inside a structure or within 50 feet of any structure, vehicle, or
combustible, and to ensure that the vehicle compartments remain well ventilated.
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2
Id.
3
Id at 1.
4
Id.
5
U.S. Department of Transportation, National Highway Traffic Safety Administration, Interim Guidance for Electric and
Hybrid-Electric Vehicles, https://www.nhtsa.gov/sites/nhtsa.gov/files/interimguide_electrichybridvehicles_012012_v3.pdf
(last visited March 7, 2025).
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Id. BILL: SB 872 Page 3
In 2020, the National Transportation Safety Board (NTSB) issued a report entitled "Safety Risks
to Emergency Responders from Lithium-Ion Battery Fires in Electric Vehicles” which included
various findings and recommendations relating to the handling of damaged electric vehicles.
7
Notable findings in the report included:
• Thermal runaway and multiple battery reignitions after initial fire suppression are safety risks
in high-voltage lithium-ion battery fires.
• The energy remaining in a damaged high-voltage lithium-ion battery, known as stranded
energy, poses a risk of electric shock and creates the potential for thermal runaway that can
result in battery reignition and fire.
• High-voltage lithium-ion batteries in electric vehicles, when damaged by crash forces or
internal battery failure, present special challenges to first and second responders because of
insufficient information from manufacturers on procedures for mitigating the risks of
stranded energy.
• Storing an electric vehicle with a damaged high-voltage lithium-ion battery inside the
recommended 50-foot-radius clear area may be infeasible at tow or storage yards.
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The report recommended that certain associations representing emergency responders (including
the Towing and Recovery Association of America) inform their members about the
circumstances of the fire risks described in the report and the guidance available to emergency
personnel who respond to high-voltage lithium-ion battery fires in electric vehicles.
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III. Effect of Proposed Changes:
The bill amends s. 166.043, F.S., to require counties to establish maximum rates for the removal
and storage of electric vehicles from an accident scene which may be up to three times the rates
established by the wrecker operator, for those vehicles that run solely on gasoline or diesel fuels,
in the event that the owner or operator is incapacitated, unavailable, leaves the procurement of
wrecker service to law enforcement at the scene, or otherwise does not consent to the removal of
the electric vehicle.
The bill also authorizes wrecker operators to charge fair and reasonable fees plus 10 percent for
the cleanup of an accident scene and the removal of an electric vehicle, including a fire or any
accidental discharge of any hazardous materials or debris associated with the electric vehicle.
The term “fair and reasonable” is not defined.
The bill takes effect July 1, 2025.
IV. Constitutional Issues:
A. Municipality/County Mandates Restrictions:
None.
7
National Transportation Safety Board, Safety Risks to Emergency Responders from Lithium-Ion Battery Fires in Electric
Vehicles, https://www.ntsb.gov/safety/safety-studies/Documents/SR2001.pdf (last visited March 7, 2025).
8
Id.
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Id. BILL: SB 872 Page 4
B. Public Records/Open Meetings Issues:
None.
C. Trust Funds Restrictions:
None.
D. State Tax or Fee Increases:
None.
E. Other Constitutional Issues:
None.
V. Fiscal Impact Statement:
A. Tax/Fee Issues:
None.
B. Private Sector Impact:
To the extent that counties elect to establish higher rates for storage and removal of
electric vehicles than those that run on gasoline or diesel fuels, electric vehicle owners
could experience an indeterminate negative fiscal impact, and wrecker operators could
experience an indeterminate positive fiscal impact.
There could also be an indeterminate negative fiscal impact for electric vehicle owners
and an indeterminate positive impact on wrecker operators should the wrecker operators
impose a fair and reasonable costs plus 10 percent for the cleanup of an accident scene
and the removal of an electric vehicle.
C. Government Sector Impact:
None.
VI. Technical Deficiencies:
None.
VII. Related Issues:
None.
VIII. Statutes Affected:
This bill substantially amends 166.043 of the Florida Statutes. BILL: SB 872 Page 5
IX. Additional Information:
A. Committee Substitute – Statement of Changes:
(Summarizing differences between the Committee Substitute and the prior version of the bill.)
None.
B. Amendments:
None.
This Senate Bill Analysis does not reflect the intent or official position of the bill’s introducer or the Florida Senate.