THE BILL ITSELF
HB 37
Removal, Storage, and Cleanup of Electric Vehicles
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A bill to be entitled
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An act relating to the removal, storage, and cleanup
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of electric vehicles; amending s. 125.0103, F.S.;
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requiring counties to establish a daily administration
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fee for the proper storage of certain electric
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vehicles; providing a maximum amount for such fees;
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providing applicability; defining the terms "daily
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administration fee" and "proper storage"; amending s.
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166.043, F.S.; authorizing municipalities to establish
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a daily administration fee for the proper storage of
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certain electric vehicles; providing a maximum amount
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for such fees; providing applicability; defining the
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terms "daily administration fee" and "proper storage";
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creating s. 324.0222, F.S.; providing that motor
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vehicle insurers are not required to pay certain
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costs; amending s. 713.78, F.S.; providing that a
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reasonable fee for service includes any daily
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administration fee; providing an effective date.
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Be It Enacted by the Legislature of the State of Florida:
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Section 1. Paragraph (d) of subsection (1) of section
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125.0103, Florida Statutes, is redesignated as paragraph (e),
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and a new paragraph (d) is added to that subsection to read:
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125.0103 Ordinances and rules imposing price controls.—
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(1)
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(d)1. Counties shall establish a daily administration fee
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for the proper storage of electric vehicles, as defined in s.
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320.01(36), which have been involved in an accident. The daily
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administration fee for proper storage of an electric vehicle may
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be up to three times the amount established under paragraph (c)
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and shall apply in the event the electric vehicle owner or
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operator is incapacitated, is unavailable, leaves the
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procurement of wrecker service to the law enforcement officer at
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the scene, or otherwise does not consent to the removal of the
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electric vehicle. Such fee may not be charged unless the
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electric vehicle is properly stored as defined in this
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paragraph.
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2. For purposes of this paragraph, the term:
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a. "Daily administration fee" means a fee imposed by a
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wrecker service or towing-storage or wrecker operator for
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administrative costs for towing and storing a damaged electric
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vehicle after the cleanup of the accident scene and debris
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removal in order to provide proper storage of the damaged
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electric vehicle.
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b. "Proper storage" means the damaged electric vehicle is
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separated from combustibles and structures by at least 50 feet
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on all sides or is surrounded by a barrier of earth, steel,
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concrete, or solid masonry.
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Section 2. Paragraph (d) of subsection (1) of section
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166.043, Florida Statutes, is redesignated as paragraph (e), and
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a new paragraph (d) is added to that subsection to read:
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166.043 Ordinances and rules imposing price controls.—
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(1)
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(d)1. Municipalities may establish a daily administration
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fee for the proper storage of electric vehicles, as defined in
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s. 320.01(36), which have been involved in an accident. The
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daily administration fee for proper storage of an electric
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vehicle may be up to three times the amount established under
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paragraph (c) and shall apply in the event the electric vehicle
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owner or operator is incapacitated, is unavailable, leaves the
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procurement of wrecker service to the law enforcement officer at
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the scene, or otherwise does not consent to the removal of the
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electric vehicle. Such fee may not be charged unless the
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electric vehicle is properly stored as defined in this
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paragraph. If a municipality enacts an ordinance establishing a
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daily administration fee as defined in this paragraph, a
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county's ordinance establishing a daily administration fee under
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s. 125.0103(1)(d) does not apply within such municipality.
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2. For purposes of this paragraph, the term:
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a. "Daily administration fee" means a fee imposed by a
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wrecker service or towing-storage or wrecker operator for
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administrative costs for towing and storing a damaged electric
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vehicle after the cleanup of the accident scene and debris
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removal in order to provide proper storage of the damaged
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electric vehicle.
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b. "Proper storage" means the damaged electric vehicle is
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separated from combustibles and structures by at least 50 feet
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on all sides or is surrounded by a barrier of earth, steel,
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concrete, or solid masonry.
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Section 3. Section 324.0222, Florida Statutes, is created
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to read:
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324.0222 Storage of electric vehicles; coverage.—Nothing
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in s. 125.0103 or s. 166.043 relating to the storage of electric
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vehicles requires a motor vehicle insurer to pay any costs
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beyond costs covered pursuant to a contract with its insured.
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Section 4. Paragraph (a) of subsection (2) of section
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713.78, Florida Statutes, is amended to read:
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713.78 Liens for recovering, towing, or storing vehicles
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and vessels.—
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(2)(a) A towing-storage operator may charge the owner or
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operator of a vehicle or vessel only the following fees for, or
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incidental to, the recovery, removal, or storage of the vehicle
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or vessel:
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1. Any reasonable fee for service, including any daily
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administration fee, specifically authorized under s. 125.0103 or
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s. 166.043 by ordinance, resolution, regulation, or rule of the
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county or municipality in which the service is performed.
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2. Any reasonable fee for service specifically authorized
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by the Division of Florida Highway Patrol of the Department of
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Highway Safety and Motor Vehicles under s. 321.051(2).
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3. Any reasonable fee for service as agreed upon in
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writing between a towing-storage operator and the owner of a
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vehicle or vessel.
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4. Any lien release administrative fee as set forth in
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paragraph (15)(a).
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5. Any reasonable administrative fee or charge imposed by
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a county or municipality pursuant to s. 125.01047, s. 166.04465,
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or s. 323.002 upon the registered owner or other legally
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authorized person in control of a vehicle or vessel.
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Section 5. This act shall take effect July 1, 2026.