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.