Florida Senate - 2026 COMMITTEE AMENDMENT
Bill No. CS for CS for SB 260
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LEGISLATIVE ACTION
Senate . House
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The Committee on Rules (Burgess) recommended the following:
1 Senate Amendment (with title amendment)
2
3 Delete everything after the enacting clause
4 and insert:
5 Section 1. Present paragraph (d) of subsection (1) of
6 section 125.0103, Florida Statutes, is redesignated as paragraph
7 (f), and new paragraph (d) and paragraph (e) are added to that
8 subsection, to read:
9 125.0103 Ordinances and rules imposing price controls.—
10 (1)
11 (d)1. Counties shall establish a daily administration
12 storage fee for the proper storage of electric vehicles, as
13 defined in s. 320.01(36), which have been involved in a crash
14 that results in visible damage to the batteries or battery
15 compartment, or when the batteries or battery compartment have
16 been submerged, for any length of time, in salt water, and until
17 the appropriate local agency has inspected and verified that the
18 damaged battery is safe and not in danger of starting a fire.
19 The daily administration storage fee for proper storage of an
20 electric vehicle may be up to three times the amount established
21 under paragraph (c) and applies in the event that the electric
22 vehicle owner or operator is incapacitated, is unavailable,
23 leaves the procurement of wrecker service to the law enforcement
24 officer at the scene, or otherwise does not consent to the
25 removal of the electric vehicle. Such fee may not be charged
26 unless the electric vehicle is properly stored as defined in
27 this paragraph.
28 2. For purposes of this paragraph, the term:
29 a. “Daily administration storage fee” means a fee imposed
30 by a wrecker service or towing-storage or wrecker operator for
31 administrative costs for storing a damaged or submerged electric
32 vehicle in order to provide proper storage of the damaged or
33 submerged electric vehicle.
34 b. “Proper storage” means the damaged electric vehicle is
35 separated from combustibles and structures by at least 50 feet
36 on all sides or is surrounded by a barrier of earth, steel,
37 concrete, or solid masonry.
38 (e)1. Beginning January 1, 2027, and ending December 31,
39 2028, a wrecker service or towing-storage wrecker or operator
40 shall collect and submit to the Division of State Fire Marshal
41 data relating to the storage of damaged or submerged electric
42 vehicles as described in subparagraph (d)1. The State Fire
43 Marshal shall create a form for such data, which must include,
44 but is not limited to, all of the following information:
45 a. The vehicle identification number.
46 b. A description of the damage to the electric vehicle.
47 c. The remaining percentage of battery charge, if known or
48 reasonably ascertainable.
49 d. The dates during which the electric vehicle was stored
50 by the wrecker service or towing-storage or wrecker operator.
51 e. Any fire-related incidents during the time the electric
52 vehicle was stored.
53 f. Any other information deemed relevant by the State Fire
54 Marshal.
55 2. By March 1, 2029, the State Fire Marshal shall submit a
56 report to the President of the Senate and the Speaker of the
57 House of Representatives with a summary of the data received
58 pursuant to subparagraph 1. The report must assess the potential
59 threat of fire posed when storing an electric vehicle with
60 battery damage and make recommendations on the best practices to
61 reduce the threat of fire during such storage.
62 3. This paragraph expires on July 1, 2029.
63 Section 2. Present paragraph (d) of subsection (1) of
64 section 166.043, Florida Statutes, is redesignated as paragraph
65 (f), and new paragraph (d) and paragraph (e) are added to that
66 subsection, to read:
67 166.043 Ordinances and rules imposing price controls.—
68 (1)
69 (d)1. Municipalities may establish a daily administration
70 storage fee for the proper storage of electric vehicles, as
71 defined in s. 320.01(36), which have been involved in a crash
72 that results in visible damage to the batteries or battery
73 compartment, or when the batteries or battery compartment have
74 been submerged, for any length of time, in salt water, and until
75 the appropriate local agency has inspected and verified that the
76 damaged battery is safe and not in danger of starting a fire.
77 The daily administration storage fee for proper storage of an
78 electric vehicle may be up to three times the amount established
79 under paragraph (c) and applies in the event that the electric
80 vehicle owner or operator is incapacitated, is unavailable,
81 leaves the procurement of wrecker service to the law enforcement
82 officer at the scene, or otherwise does not consent to the
83 removal of the electric vehicle. Such fee may not be charged
84 unless the electric vehicle is properly stored as defined in
85 this paragraph. If a municipality enacts an ordinance
86 establishing a daily administration storage fee as defined in
87 this paragraph, a county’s ordinance establishing a daily
88 administration storage fee under s. 125.0103(1)(d) does not
89 apply within such municipality.
90 2. For purposes of this paragraph, the term:
91 a. “Daily administration storage fee” means a fee imposed
92 by a wrecker service or towing-storage or wrecker operator for
93 administrative costs for storing a damaged or submerged electric
94 vehicle in order to provide proper storage of the damaged or
95 submerged electric vehicle.
96 b. “Proper storage” means the damaged electric vehicle is
97 separated from combustibles and structures by at least 50 feet
98 on all sides or is surrounded by a barrier of earth, steel,
99 concrete, or solid masonry.
100 (e)1. Beginning January 1, 2027, and ending December 31,
101 2028, a wrecker service or towing-storage wrecker or operator
102 shall collect and submit to the Division of State Fire Marshal
103 data relating to the storage of damaged or submerged electric
104 vehicles as described in subparagraph (d)1. The State Fire
105 Marshal shall create a form for such data, which must include,
106 but is not limited to, all of the following information:
107 a. The vehicle identification number.
108 b. A description of the damage to the electric vehicle.
109 c. The remaining percentage of battery charge, if known or
110 reasonably ascertainable.
111 d. The dates during which the electric vehicle was stored
112 by the wrecker service or towing-storage or wrecker operator.
113 e. Any fire-related incidents during the time the electric
114 vehicle was stored.
115 f. Any other information deemed relevant by the State Fire
116 Marshal.
117 2. By March 1, 2029, the State Fire Marshal shall submit a
118 report to the President of the Senate and the Speaker of the
119 House of Representatives with a summary of the data received
120 pursuant to subparagraph 1. The report must assess the potential
121 threat of fire posed when storing an electric vehicle with
122 battery damage and make recommendations on the best practices to
123 reduce the threat of fire during such storage.
124 3. This paragraph expires on July 1, 2029.
125 Section 3. Section 324.0222, Florida Statutes, is created
126 to read:
127 324.0222 Storage of electric vehicles; coverage.—Nothing in
128 s. 125.0103 or s. 166.043 relating to the storage of electric
129 vehicles requires a motor vehicle insurer to pay any costs
130 beyond costs covered pursuant to a contract with its insured.
131 Section 4. Paragraph (a) of subsection (2) of section
132 713.78, Florida Statutes, is amended to read:
133 713.78 Liens for recovering, towing, or storing vehicles
134 and vessels.—
135 (2)(a) A towing-storage operator may charge the owner or
136 operator of a vehicle or vessel only the following fees for, or
137 incidental to, the recovery, removal, or storage of the vehicle
138 or vessel:
139 1. Any reasonable fee for service, including any daily
140 administration storage fee, specifically authorized under s.
141 125.0103 or s. 166.043 by ordinance, resolution, regulation, or
142 rule of the county or municipality in which the service is
143 performed.
144 2. Any reasonable fee for service specifically authorized
145 by the Division of Florida Highway Patrol of the Department of
146 Highway Safety and Motor Vehicles under s. 321.051(2).
147 3. Any reasonable fee for service as agreed upon in writing
148 between a towing-storage operator and the owner of a vehicle or
149 vessel.
150 4. Any lien release administrative fee as set forth in
151 paragraph (15)(a).
152 5. Any reasonable administrative fee or charge imposed by a
153 county or municipality pursuant to s. 125.01047, s. 166.04465,
154 or s. 323.002 upon the registered owner or other legally
155 authorized person in control of a vehicle or vessel.
156 Section 5. This act shall take effect July 1, 2026.
157
158 ================= T I T L E A M E N D M E N T ================
159 And the title is amended as follows:
160 Delete everything before the enacting clause
161 and insert:
162 A bill to be entitled
163 An act relating to the removal, storage, and cleanup
164 of electric vehicles; amending s. 125.0103, F.S.;
165 requiring counties to establish a daily administration
166 storage fee for the proper storage of certain electric
167 vehicles; providing a maximum amount for such fees;
168 providing applicability; defining the terms “daily
169 administration storage fee” and “proper storage”;
170 requiring any wrecker service or towing-storage
171 wrecker or operator to collect and submit specific
172 data to the Division of State Fire Marshal relating to
173 stored damaged or submerged electric vehicles by a
174 specified date; requiring the State Fire Marshal to
175 create a form to submit such data; requiring the State
176 Fire Marshal to submit a report with specified
177 information to the Legislature by a specified date;
178 providing for an expiration; amending s. 166.043,
179 F.S.; authorizing municipalities to establish a daily
180 administration storage fee for the proper storage of
181 certain electric vehicles; providing a maximum amount
182 for such fees; providing applicability; defining the
183 terms “daily administration storage fee” and “proper
184 storage”; requiring any wrecker service or towing
185 storage wrecker or operator to submit specific data to
186 the Division of State Fire Marshal relating to stored
187 damaged or submerged electric vehicles by a specified
188 date; requiring the State Fire Marshal to create a
189 form to submit such data; requiring the State Fire
190 Marshal to submit a report with specified information
191 to the Legislature by a specified date; providing for
192 an expiration; creating s. 324.0222, F.S.; providing
193 that motor vehicle insurers are not required to pay
194 certain costs; amending s. 713.78, F.S.; providing
195 that a reasonable fee for service includes any daily
196 administration storage fee; providing an effective
197 date.