Senate Bill 332 (2024) — Wrecker operators
SB 332
Florida Bills
Florida Senate - 2024 SB 332 By Senator Burgess 23-00318A-24 2024332__ Page 1 of 6 CODING: Words stricken are deletions; words underlined are additions. A bill to be entitled 1
An act relating to wrecker operators; amending ss. 2 125.0103 and 166.043, F.S.; requiring counties to 3 establish maximum rates for the storage of electric 4 vehicles; authorizing such maximum rates to exceed a 5 specified rate; amending s. 323.001, F.S.; specifying 6 financial responsibility for vehicles stored more than 7 30 days at a wrecker operator’s storage facility; 8 creating s. 323.003, F.S.; authorizing a wrecker 9 operator to charge certain fees under certain 10 circumstances; amending s. 713.78, F.S.; replacing the 11 term “law enforcement agency” with “governmental 12 entity”; revising the notice requirements for certain 13 unclaimed vehicles; making technical changes; 14 providing an effective date. 15 16 Be It Enacted by the Legislature of the State of Florida: 17 18
Section 1. Paragraph (
d) is added to subsection (1) of 19
section 125.0103, Florida Statutes, to read: 20 125.0103 Ordinances and rules imposing price controls.— 21 (1) 22 (
d) Counties must establish maximum rates that may be 23 charged by a wrecker operator for the storage of electric 24 vehicles in the operator’s storage facilities. Such rates may 25 exceed the rate that is charged for the cost of storing vehicles 26 that run on gasoline or diesel fuels. 27
Section 2. Paragraph (
d) is added to subsection (1) of 28
section 166.043, Florida Statutes, to read: 29
Florida Senate - 2024 SB 332 23-00318A-24 2024332__ Page 2 of 6 CODING: Words stricken are deletions; words underlined are additions. 166.043 Ordinances and rules imposing price controls.— 30 (1) 31 (
d) Counties must establish maximum rates that may be 32 charged by a wrecker operator for the storage of electric 33 vehicles in the operator’s storage facilities. Such rates may 34 exceed the rate that is charged for the cost of storing vehicles 35 that run on gasoline or diesel fuels. 36
Section 3. Subsection (7) of
section 323.001, Florida 37 Statutes, is amended to read: 38 323.001 Wrecker operator storage facilities; vehicle 39 holds.— 40
(7) When a vehicle owner is found guilty of, or pleads nolo 41 contendere to, the offense that resulted in a hold being placed 42 on his or her vehicle, regardless of the adjudication of guilt, 43 the owner must pay the accrued towing and storage charges 44 assessed against the vehicle. If a vehicle is stored at a 45 wrecker operator’s storage facility for more than 30 days, the 46 person, entity, or agency that requested that the vehicle be 47 held at the wrecker operator’s storage facility is financially 48 responsible for the daily cost of storing the vehicle after 30 49 days. 50
Section
Section 323.003, Florida Statutes, is created to 51 read: 52 323.003 Wrecker operator fees.—A wrecker operator may 53 charge fair and reasonable fees plus 10 percent for the cleanup, 54 containment, and disposal of pollution and hazardous materials. 55 A wrecker operator may charge fair and reasonable fees plus 10 56 percent for any cleanup and disposal necessary after an accident 57 or fire or any accidental discharge of any hazardous materials 58
Florida Senate - 2024 SB 332 23-00318A-24 2024332__ Page 3 of 6 CODING: Words stricken are deletions; words underlined are additions. or debris associated with an electric vehicle. 59
Section 5. Paragraph (
b) of subsection (4) and subsection 60 (6) of
section 713.78, Florida Statutes, are amended to read: 61 713.78 Liens for recovering, towing, or storing vehicles 62 and vessels.— 63 (4) 64 (
b) Whenever a governmental entity law enforcement agency 65 authorizes the removal of a vehicle or vessel or whenever a 66 towing service, garage, repair shop, or automotive service, 67 storage, or parking place notifies the governmental entity law 68 enforcement agency of possession of a vehicle or vessel pursuant 69 to s. 715.07(2)(a)2., the governmental entity law enforcement 70 agency of the jurisdiction where the vehicle or vessel is stored 71 shall contact the Department of Highway Safety and Motor 72 Vehicles, or the appropriate agency of the state of 73 registration, if known, within 24 hours through the medium of 74 electronic communications, giving the full description of the 75 vehicle or vessel.
Upon receipt of the full description of the 76 vehicle or vessel, the department shall search its files to 77 determine the owner’s name, the insurance company insuring the 78 vehicle or vessel, and whether any person has filed a lien upon 79 the vehicle or vessel as provided in s. 319.27(2) and (3) and 80 notify the applicable governmental entity law enforcement agency 81 within 72 hours.
The person in charge of the towing service, 82 garage, repair shop, or automotive service, storage, or parking 83 place shall obtain such information from the applicable 84 governmental entity law enforcement agency within 5 days after 85 the date of storage and shall give notice pursuant to paragraph 86 (a). The department may release the insurance company 87
Florida Senate - 2024 SB 332 23-00318A-24 2024332__ Page 4 of 6 CODING: Words stricken are deletions; words underlined are additions. information to the requestor notwithstanding s. 627.736. 88
(6) A vehicle or vessel that is stored pursuant to 89 subsection (2) and remains unclaimed, or for which reasonable 90 charges for recovery, towing, or storing remain unpaid, and any 91 contents not released pursuant to subsection (10), may be sold 92 by the owner or operator of the storage space for such towing or 93 storage charge 35 days after the vehicle or vessel is stored by 94 the lienor if the vehicle or vessel is more than 3 years of age 95 or 50 days after the vehicle or vessel is stored by the lienor 96 if the vehicle or vessel is 3 years of age or less.
The sale 97 must shall be at public sale for cash.
If the date of the sale 98 was not included in the notice required in subsection (4), 99 notice of the sale must shall be given to the person in whose 100 name the vehicle or vessel is registered and to all persons 101 claiming a lien on the vehicle or vessel as shown on the records 102 of the Department of Highway Safety and Motor Vehicles or of any 103 corresponding agency in any other state in which the vehicle is 104 identified through a records check of the National Motor Vehicle 105 Title Information System or an equivalent commercially available 106 system as being titled.
Notice of the sale must be sent by 107 certified mail. The notice must have clearly identified and 108 printed, if the claim of lien is for a motor vehicle, the last 8 109 digits of the vehicle identification number of the motor vehicle 110 subject to the lien, or, if the claim of lien is for a vessel, 111 the hull identification number of the vessel subject to the 112 lien, in the delivery address box and on the outside of the 113 envelope sent to the registered owner and all other persons 114 claiming an interest therein or lien thereon.
The notice must be 115 sent to the owner of the vehicle or vessel and the person having 116
Florida Senate - 2024 SB 332 23-00318A-24 2024332__ Page 5 of 6 CODING: Words stricken are deletions; words underlined are additions. the recorded lien on the vehicle or vessel at the address shown 117 on the records of the registering agency at least 30 days before 118 the sale of the vehicle or vessel. The notice must state the 119 name, physical address, and telephone number of the lienor, and 120 the vehicle identification number if the claim of lien is for a 121 vehicle or the hull identification number if the claim of lien 122 is for a vessel, all of which must also appear in the return 123 address
section on the outside of the envelope containing the 124 notice of sale. After diligent search and inquiry, if the name 125 and address of the registered owner or the owner of the recorded 126 lien cannot be ascertained, the requirements of notice by mail 127 may be dispensed with.
In addition to the notice by mail, public 128 notice of the time and place of sale must shall be made by 129 publishing a notice thereof one time, at least 10 days before 130 the date of the sale, in a central database or online format 131 approved or operated by the Department of Highway Safety and 132 Motor Vehicles in a newspaper of general circulation in the 133 county in which the sale is to be held.
The proceeds of the 134 sale, after payment of reasonable towing and storage charges, 135 and costs of the sale, in that order of priority, shall be 136 deposited with the clerk of the circuit court for the county if 137 the owner or lienholder is absent, and the clerk shall hold such 138 proceeds subject to the claim of the owner or lienholder legally 139 entitled thereto.
The clerk is shall be entitled to receive 5 140 percent of such proceeds for the care and disbursement thereof. 141 The certificate of title issued under this law must shall be 142 discharged of all liens unless otherwise provided by court 143 order. The owner or lienholder may file a complaint after the 144 vehicle or vessel has been sold in the county court of the 145
Florida Senate - 2024 SB 332 23-00318A-24 2024332__ Page 6 of 6 CODING: Words stricken are deletions; words underlined are additions. county in which it is stored. Upon determining the respective 146 rights of the parties, the court may award damages, attorney 147 fees, and costs in favor of the prevailing party. 148