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HB 37 2026
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hb37-00
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
A bill to be entitled 1
An act relating to the removal, storage, and cleanup 2
of electric vehicles; amending s. 125.0103, F.S.; 3
requiring counties to establish a daily administration 4
fee for the proper storage of certain electric 5
vehicles; providing a maximum amount for such fees; 6
providing applicability; defining the terms "daily 7
administration fee" and "proper storage"; amending s. 8
166.043, F.S.; authorizing municipalities to establish 9
a daily administration fee for the proper storage of 10
certain electric vehicles; providing a maximum amount 11
for such fees; providing applicability; defining the 12
terms "daily administration fee" and "proper storage"; 13
creating s. 324.0222, F.S.; providing that motor 14
vehicle insurers are not required to pay certain 15
costs; amending s. 713.78, F.S.; providing that a 16
reasonable fee for service includes any daily 17
administration fee; providing an effective date. 18
19
Be It Enacted by the Legislature of the State of Florida: 20
21
Section 1. Paragraph (d) of subsection (1) of section 22
125.0103, Florida Statutes, is redesignated as paragraph (e), 23
and a new paragraph (d) is added to that subsection to read: 24
125.0103 Ordinances and rules imposing price controls.— 25
HB 37 2026
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
(1) 26
(d)1. Counties shall establish a daily administration fee 27
for the proper storage of electric vehicles, as defined in s. 28
320.01(36), which have been involved in an accident. The daily 29
administration fee for proper storage of an electric vehicle may 30
be up to three times the amount established under paragraph (c) 31
and shall apply in the event the electric vehicle owner or 32
operator is incapacitated, is unavailable, leaves the 33
procurement of wrecker service to the law enforcement officer at 34
the scene, or otherwise does not consent to the removal of the 35
electric vehicle. Such fee may not be charged unless the 36
electric vehicle is properly stored as defined in this 37
paragraph. 38
2. For purposes of this paragraph, the term: 39
a. "Daily administration fee" means a fee imposed by a 40
wrecker service or towing-storage or wrecker operator for 41
administrative costs for towing and storing a damaged electric 42
vehicle after the cleanup of the accident scene and debris 43
removal in order to provide proper storage of the damaged 44
electric vehicle. 45
b. "Proper storage" means the damaged electric vehicle is 46
separated from combustibles and structures by at least 50 feet 47
on all sides or is surrounded by a barrier of earth, steel, 48
concrete, or solid masonry. 49
Section 2. Paragraph (d) of subsection (1) of section 50
HB 37 2026
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
166.043, Florida Statutes, is redesignated as paragraph (e), and 51
a new paragraph (d) is added to that subsection to read: 52
166.043 Ordinances and rules imposing price controls.— 53
(1) 54
(d)1. Municipalities may establish a daily administration 55
fee for the proper storage of electric vehicles, as defined in 56
s. 320.01(36), which have been involved in an accident. The 57
daily administration fee for proper storage of an electric 58
vehicle may be up to three times the amount established under 59
paragraph (c) and shall apply in the event the electric vehicle 60
owner or operator is incapacitated, is unavailable, leaves the 61
procurement of wrecker service to the law enforcement officer at 62
the scene, or otherwise does not consent to the removal of the 63
electric vehicle. Such fee may not be charged unless the 64
electric vehicle is properly stored as defined in this 65
paragraph. If a municipality enacts an ordinance establishing a 66
daily administration fee as defined in this paragraph, a 67
county's ordinance establishing a daily administration fee under 68
s. 125.0103(1)(d) does not apply within such municipality. 69
2. For purposes of this paragraph, the term: 70
a. "Daily administration fee" means a fee imposed by a 71
wrecker service or towing-storage or wrecker operator for 72
administrative costs for towing and storing a damaged electric 73
vehicle after the cleanup of the accident scene and debris 74
HB 37 2026
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
removal in order to provide proper storage of the damaged 75
electric vehicle. 76
b. "Proper storage" means the damaged electric vehicle is 77
separated from combustibles and structures by at least 50 feet 78
on all sides or is surrounded by a barrier of earth, steel, 79
concrete, or solid masonry. 80
Section 3. Section 324.0222, Florida Statutes, is created 81
to read: 82
324.0222 Storage of electric vehicles; coverage.—Nothing 83
in s. 125.0103 or s. 166.043 relating to the storage of electric 84
vehicles requires a motor vehicle insurer to pay any costs 85
beyond costs covered pursuant to a contract with its insured. 86
Section 4. Paragraph (a) of subsection (2) of section 87
713.78, Florida Statutes, is amended to read: 88
713.78 Liens for recovering, towing, or storing vehicles 89
and vessels.— 90
(2)(a) A towing-storage operator may charge the owner or 91
operator of a vehicle or vessel only the following fees for, or 92
incidental to, the recovery, removal, or storage of the vehicle 93
or vessel: 94
1. Any reasonable fee for service, including any daily 95
administration fee, specifically authorized under s. 125.0103 or 96
s. 166.043 by ordinance, resolution, regulation, or rule of the 97
county or municipality in which the service is performed. 98
2. Any reasonable fee for service specifically authorized 99
HB 37 2026
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
by the Division of Florida Highway Patrol of the Department of 100
Highway Safety and Motor Vehicles under s. 321.051(2). 101
3. Any reasonable fee for service as agreed upon in 102
writing between a towing-storage operator and the owner of a 103
vehicle or vessel. 104
4. Any lien release administrative fee as set forth in 105
paragraph (15)(a). 106
5. Any reasonable administrative fee or charge imposed by 107
a county or municipality pursuant to s. 125.01047, s. 166.04465, 108
or s. 323.002 upon the registered owner or other legally 109
authorized person in control of a vehicle or vessel. 110
Section 5. This act shall take effect July 1, 2026. 111