Florida Senate - 2026                                     SB 260
       
       
        
       By Senator Burgess
       
       
       
       
       
       23-00336A-26                                           2026260__
    1                        A bill to be entitled                      
    2         An act relating to the removal, storage, and cleanup
    3         of electric vehicles; amending s. 125.0103, F.S.;
    4         requiring counties to establish a daily administration
    5         fee for the proper storage of certain electric
    6         vehicles; providing a maximum amount for such fees;
    7         providing applicability; defining the terms “daily
    8         administration fee” and “proper storage”; amending s.
    9         166.043, F.S.; authorizing municipalities to establish
   10         a daily administration fee for the proper storage of
   11         certain electric vehicles; providing a maximum amount
   12         for such fees; providing applicability; defining the
   13         terms “daily administration fee” and “proper storage”;
   14         creating s. 324.0222, F.S.; providing that motor
   15         vehicle insurers are not required to pay certain
   16         costs; amending s. 713.78, F.S.; providing that a
   17         reasonable fee for service includes any daily
   18         administration fee; providing an effective date.
   19          
   20  Be It Enacted by the Legislature of the State of Florida:
   21  
   22         Section 1. Present paragraph (d) of subsection (1) of
   23  section 125.0103, Florida Statutes, is redesignated as paragraph
   24  (e), and a new paragraph (d) is added to that subsection, to
   25  read:
   26         125.0103 Ordinances and rules imposing price controls.—
   27         (1)
   28         (d)1.Counties shall establish a daily administration fee
   29  for the proper storage of electric vehicles, as defined in s.
   30  320.01(36), which have been involved in an accident. The daily
   31  administration fee for proper storage of an electric vehicle may
   32  be up to three times the amount established under paragraph (c)
   33  and shall apply in the event the electric vehicle owner or
   34  operator is incapacitated, is unavailable, leaves the
   35  procurement of wrecker service to the law enforcement officer at
   36  the scene, or otherwise does not consent to the removal of the
   37  electric vehicle. Such fee may not be charged unless the
   38  electric vehicle is properly stored as defined in this
   39  paragraph.
   40         2.For purposes of this paragraph, the term:
   41         a.“Daily administration fee” means a fee imposed by a
   42  wrecker service or towing-storage or wrecker operator for
   43  administrative costs for towing and storing a damaged electric
   44  vehicle after the cleanup of the accident scene and debris
   45  removal in order to provide proper storage of the damaged
   46  electric vehicle.
   47         b.“Proper storage” means the damaged electric vehicle is
   48  separated from combustibles and structures by at least 50 feet
   49  on all sides or is surrounded by a barrier of earth, steel,
   50  concrete, or solid masonry.
   51         Section 2. Present paragraph (d) of subsection (1) of
   52  section 166.043, Florida Statutes, is redesignated as paragraph
   53  (e), and a new paragraph (d) is added to that subsection, to
   54  read:
   55         166.043 Ordinances and rules imposing price controls.—
   56         (1)
   57         (d)1.Municipalities may establish a daily administration
   58  fee for the proper storage of electric vehicles, as defined in
   59  s. 320.01(36), which have been involved in an accident. The
   60  daily administration fee for proper storage of an electric
   61  vehicle may be up to three times the amount established under
   62  paragraph (c) and shall apply in the event the electric vehicle
   63  owner or operator is incapacitated, is unavailable, leaves the
   64  procurement of wrecker service to the law enforcement officer at
   65  the scene, or otherwise does not consent to the removal of the
   66  electric vehicle. Such fee may not be charged unless the
   67  electric vehicle is properly stored as defined in this
   68  paragraph. If a municipality enacts an ordinance establishing a
   69  daily administration fee as defined in this paragraph, a
   70  county’s ordinance establishing a daily administration fee under
   71  s. 125.0103(1)(d) does not apply within such municipality.
   72         2.For purposes of this paragraph, the term:
   73         a.“Daily administration fee” means a fee imposed by a
   74  wrecker service or towing-storage or wrecker operator for
   75  administrative costs for towing and storing a damaged electric
   76  vehicle after the cleanup of the accident scene and debris
   77  removal in order to provide proper storage of the damaged
   78  electric vehicle.
   79         b.“Proper storage” means the damaged electric vehicle is
   80  separated from combustibles and structures by at least 50 feet
   81  on all sides or is surrounded by a barrier of earth, steel,
   82  concrete, or solid masonry.
   83         Section 3. Section 324.0222, Florida Statutes, is created
   84  to read:
   85         324.0222Storage of electric vehicles; coverage.—Nothing in
   86  s. 125.0103 or s. 166.043 relating to the storage of electric
   87  vehicles requires a motor vehicle insurer to pay any costs
   88  beyond costs covered pursuant to a contract with its insured.
   89         Section 4. Paragraph (a) of subsection (2) of section
   90  713.78, Florida Statutes, is amended to read:
   91         713.78 Liens for recovering, towing, or storing vehicles
   92  and vessels.—
   93         (2)(a) A towing-storage operator may charge the owner or
   94  operator of a vehicle or vessel only the following fees for, or
   95  incidental to, the recovery, removal, or storage of the vehicle
   96  or vessel:
   97         1. Any reasonable fee for service, including any daily
   98  administration fee, specifically authorized under s. 125.0103 or
   99  s. 166.043 by ordinance, resolution, regulation, or rule of the
  100  county or municipality in which the service is performed.
  101         2. Any reasonable fee for service specifically authorized
  102  by the Division of Florida Highway Patrol of the Department of
  103  Highway Safety and Motor Vehicles under s. 321.051(2).
  104         3. Any reasonable fee for service as agreed upon in writing
  105  between a towing-storage operator and the owner of a vehicle or
  106  vessel.
  107         4. Any lien release administrative fee as set forth in
  108  paragraph (15)(a).
  109         5. Any reasonable administrative fee or charge imposed by a
  110  county or municipality pursuant to s. 125.01047, s. 166.04465,
  111  or s. 323.002 upon the registered owner or other legally
  112  authorized person in control of a vehicle or vessel.
  113         Section 5. This act shall take effect July 1, 2026.