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: 85 324.0222 Storage 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.