Florida Senate - 2024                              CS for SB 332
       
       
        
       By the Committee on Transportation; and Senator Burgess
       
       
       
       
       
       596-02422-24                                           2024332c1
    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 and
    4         municipalities, respectively, to establish maximum
    5         rates for the storage of electric vehicles or
    6         alternative fuel motor vehicles in a wrecker
    7         operator’s storage facilities; authorizing such
    8         maximum rates to exceed a specified rate; amending s.
    9         323.001, F.S.; requiring a person, an entity, an
   10         office, or an agency that orders a vehicle to be
   11         stored at a wrecker operator’s facility to take
   12         possession of the vehicle within a specified
   13         timeframe; creating s. 323.003, F.S.; authorizing a
   14         wrecker operator to charge certain fees under certain
   15         circumstances; amending s. 713.78, F.S.; replacing the
   16         term “law enforcement agency” with “governmental
   17         entity”; revising the notice requirements for certain
   18         unclaimed vehicles; making technical changes;
   19         providing an effective date.
   20          
   21  Be It Enacted by the Legislature of the State of Florida:
   22  
   23         Section 1. Paragraph (d) is added to subsection (1) of
   24  section 125.0103, Florida Statutes, to read:
   25         125.0103 Ordinances and rules imposing price controls.—
   26         (1)
   27         (d) Counties must establish maximum rates that may be
   28  charged by a wrecker operator for the storage of electric
   29  vehicles or alternative fuel motor vehicles in the operator’s
   30  storage facilities. Such rates may exceed the rate that is
   31  charged for the cost of storing vehicles that run solely on
   32  gasoline or diesel fuels.
   33         Section 2. Paragraph (d) is added to subsection (1) of
   34  section 166.043, Florida Statutes, to read:
   35         166.043 Ordinances and rules imposing price controls.—
   36         (1)
   37         (d)Municipalities must establish maximum rates that may be
   38  charged by a wrecker operator for the storage of electric
   39  vehicles or alternative fuel motor vehicles in the operator’s
   40  storage facilities. Such rates may exceed the rate that is
   41  charged for the cost of storing vehicles that run solely on
   42  gasoline or diesel fuels.
   43         Section 3. Subsection (7) of section 323.001, Florida
   44  Statutes, is amended to read:
   45         323.001 Wrecker operator storage facilities; vehicle
   46  holds.—
   47         (7) When a vehicle owner is found guilty of, or pleads nolo
   48  contendere to, the offense that resulted in a hold being placed
   49  on his or her vehicle, regardless of the adjudication of guilt,
   50  the owner must pay the accrued towing and storage charges
   51  assessed against the vehicle. If a vehicle is stored at a
   52  wrecker operator’s storage facility for more than 30 days, the
   53  person, entity, office, or agency that orders the vehicle to be
   54  stored for evidentiary purposes at the wrecker operator’s
   55  storage facility must take possession of the vehicle within 30
   56  days after the first day of storage.
   57         Section 4. Section 323.003, Florida Statutes, is created to
   58  read:
   59         323.003Wrecker operator fees.—A wrecker operator may
   60  charge actual cost plus 10 percent for the cleanup, containment,
   61  and disposal of pollution and hazardous materials. A wrecker
   62  operator may charge actual cost plus 10 percent for any cleanup
   63  and disposal necessary after an accident or a fire or any
   64  accidental discharge of any hazardous materials or debris
   65  associated with an electric vehicle.
   66         Section 5. Paragraph (b) of subsection (4) and subsection
   67  (6) of section 713.78, Florida Statutes, are amended to read:
   68         713.78 Liens for recovering, towing, or storing vehicles
   69  and vessels.—
   70         (4)
   71         (b) Whenever a governmental entity law enforcement agency
   72  authorizes the removal of a vehicle or vessel or whenever a
   73  towing service, garage, repair shop, or automotive service,
   74  storage, or parking place notifies the governmental entity law
   75  enforcement agency of possession of a vehicle or vessel pursuant
   76  to s. 715.07(2)(a)2., the governmental entity law enforcement
   77  agency of the jurisdiction where the vehicle or vessel is stored
   78  shall contact the Department of Highway Safety and Motor
   79  Vehicles, or the appropriate 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 shall 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 governmental entity law enforcement agency
   88  within 72 hours. The person in charge of the towing service,
   89  garage, repair shop, or automotive service, storage, or parking
   90  place shall obtain such information from the applicable
   91  governmental entity law enforcement agency within 5 days after
   92  the date of storage and shall give notice pursuant to paragraph
   93  (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  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  must shall be at public sale for cash. If the date of the sale
  105  was not included in the notice required in subsection (4),
  106  notice of the sale must shall be given to the person in whose
  107  name the vehicle or vessel is registered and to all persons
  108  claiming a lien on the vehicle or vessel as shown on the records
  109  of the Department of Highway Safety and Motor Vehicles or of any
  110  corresponding agency in any other state in which the vehicle is
  111  identified through a records check of the National Motor Vehicle
  112  Title Information System or an equivalent 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  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 recorded
  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 must shall be made by
  136  publishing a notice thereof one time, at least 10 days before
  137  the date of the sale, in a central database or online format
  138  approved or operated by the Department of Highway Safety and
  139  Motor Vehicles in a newspaper of general circulation in the
  140  county in which the sale is to be held. The proceeds of the
  141  sale, after payment of reasonable towing and storage charges,
  142  and costs of the sale, in that order of priority, shall be
  143  deposited with the clerk of the circuit court for the county if
  144  the owner or lienholder is absent, and the clerk shall hold such
  145  proceeds subject to the claim of the owner or lienholder legally
  146  entitled thereto. The clerk is shall be entitled to receive 5
  147  percent of such proceeds for the care and disbursement thereof.
  148  The certificate of title issued under this law must shall be
  149  discharged of all liens unless otherwise provided by court
  150  order. The owner or lienholder may file a complaint after the
  151  vehicle or vessel has been sold in the county court of the
  152  county in which it is stored. Upon determining the respective
  153  rights of the parties, the court may award damages, attorney
  154  fees, and costs in favor of the prevailing party.
  155         Section 6. This act shall take effect October 1, 2025.