Committee/Subcommittee Amendment — Bill No. PCS for CS/HB 577 (2025), Amendment No. 1

Summary

Amendment No. 1 to PCS for CS/HB 577 (2025), a strike-all amendment with title amendment offered by Representative Nix in the Florida House Industries & Professional Activities Subcommittee and published on 3/31/2025. It amends section 125.0103 and section 166.043, Florida Statutes, to bar counties and municipalities from prohibiting a wrecker service or towing-storage operator from charging a reasonable daily administrative fee for storing electric vehicles involved in an accident. The fee may not exceed three times the authorized daily storage rate. The amendment creates section 324.0222, stating that these provisions do not require a motor vehicle insurer to pay costs beyond its contract with the insured, and amends section 713.78 to list the fee among permitted towing-storage charges. It sets an effective date of July 1, 2025.

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                                          COMMITTEE/SUBCOMMITTEE AMENDMENT
                                         Bill No. PCS for CS/HB 577     (2025)
       Amendment No. 1




            COMMITTEE/SUBCOMMITTEE ACTION
       ADOPTED                        (Y/N)
       ADOPTED AS AMENDED             (Y/N)
       ADOPTED W/O OBJECTION          (Y/N)
       FAILED TO ADOPT                (Y/N)
       WITHDRAWN                      (Y/N)
       OTHER


1      Committee/Subcommittee hearing bill:        Industries & Professional
2      Activities Subcommittee
3      Representative Nix offered the following:
4
5           Amendment (with title amendment)
6           Remove everything after the enacting clause and insert:
7           Section 1.    Paragraph (c) of subsection (1) of section
8      125.0103, Florida Statutes, is amended to read:
9           125.0103     Ordinances and rules imposing price controls.—
10          (1)
11          (c)    Counties must establish maximum rates which may be
12     charged on the towing of vehicles or vessels from or
13     immobilization of vehicles or vessels on private property or
14     which may be charged for removal and storage of wrecked or
15     disabled vehicles or vessels from an accident scene or for the
16     removal and storage of vehicles or vessels, in the event the
     PCS for CSHB 577 Strike1
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                                          COMMITTEE/SUBCOMMITTEE AMENDMENT
                                        Bill No. PCS for CS/HB 577    (2025)
       Amendment No. 1


17     owner or operator is incapacitated, unavailable, leaves the
18     procurement of wrecker service to the law enforcement officer at
19     the scene, or otherwise does not consent to the removal of the
20     vehicle or vessel. However, if a municipality chooses to enact
21     an ordinance establishing the maximum rates for the towing or
22     immobilization of vehicles or vessels as described in paragraph
23     (b), the county's ordinance does not apply within such
24     municipality.
25          (d) No county or municipality may prohibit a wrecker
26     service or towing-storage or wrecker operator from charging a
27     reasonable daily administrative fee for the storage of electric
28     vehicles that have been involved in an accident in addition to
29     fees specifically authorized in paragraph (c). Such daily
30     administrative fee may not exceed three times the daily rate for
31     storage authorized in paragraph (c). For purposes of this
32     paragraph, the term "daily administrative fee" means any fee
33     imposed by a wrecker service or towing-storage or wrecker
34     operator for administrative costs added to the amount due for
35     towing and storing the electric vehicle that are associated with
36     and unique to the cleanup of the accident scene, debris removal,
37     and additional costs related to storing that are specific to an
38     electric vehicle that has been in an accident.
39          Section 2.   Paragraph (c) of subsection (1) of section
40     166.043, Florida Statutes, is amended to read:
41          166.043    Ordinances and rules imposing price controls.—
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                                       Bill No. PCS for CS/HB 577    (2025)
       Amendment No. 1


42          (1)
43          (c)   Counties must establish maximum rates which may be
44     charged on the towing of vehicles or vessels from or
45     immobilization of vehicles or vessels on private property or
46     which may be charged for removal and storage of wrecked or
47     disabled vehicles or vessels from an accident scene or for the
48     removal and storage of vehicles or vessels, in the event the
49     owner or operator is incapacitated, unavailable, leaves the
50     procurement of wrecker service to the law enforcement officer at
51     the scene, or otherwise does not consent to the removal of the
52     vehicle or vessel. However, if a municipality chooses to enact
53     an ordinance establishing the maximum rates for the towing or
54     immobilization of vehicles or vessels as described in paragraph
55     (b), the county's ordinance established under s. 125.0103 does
56     not apply within such municipality.
57          (d) No county or municipality may prohibit a wrecker
58     service or towing-storage or wrecker operator from charging a
59     reasonable daily administrative fee for the storage of electric
60     vehicles that have been involved in an accident in addition to
61     fees specifically authorized in paragraph (c). Such daily
62     administrative fee may not exceed three times the daily rate for
63     storage authorized in paragraph (c). For purposes of this
64     paragraph, the term "daily administrative fee" means any fee
65     imposed by a wrecker service or towing-storage or wrecker
66     operator for administrative costs added to the amount due for
     PCS for CSHB 577 Strike1
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                                         Bill No. PCS for CS/HB 577   (2025)
       Amendment No. 1


67     towing and storing the electric vehicle that are associated with
68     and unique to the cleanup of the accident scene, debris removal,
69     and additional costs related to storing that are specific to an
70     electric vehicle that has been in an accident.
71          Section 3.    Section 324.0222, Florida Statutes, is created
72     to read:
73          324.0222     Storage of electric vehicles; coverage.—
74          Nothing in ss. 125.0103, or 166.043, relating to the
75     storage of electric vehicles, requires a motor vehicle insurer
76     to pay any costs beyond what is covered pursuant to a contract
77     with their insured.
78          Section 4.    Section 713.78, Florida Statutes, is amended to
79     read:
80          713.78     Liens for recovering, towing, or storing vehicles
81     and vessels.—
82          (2)(a)     A towing-storage operator may charge the owner or
83     operator of a vehicle or vessel only the following fees for, or
84     incidental to, the recovery, removal, or storage of the vehicle
85     or vessel:
86          1.    Any reasonable fee for service specifically authorized
87     under s. 125.0103 or s. 166.043 by ordinance, resolution,
88     regulation, or rule of the county or municipality in which the
89     service is performed.
90          2.    Any reasonable fee for service specifically authorized
91     by the Division of Florida Highway Patrol of the Department of
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                                        Bill No. PCS for CS/HB 577    (2025)
        Amendment No. 1


92      Highway Safety and Motor Vehicles under s. 321.051(2).
93           3.   Any reasonable fee for service as agreed upon in
94      writing between a towing-storage operator and the owner of a
95      vehicle or vessel.
96           4.   Any lien release administrative fee as set forth in
97      paragraph (15)(a).
98           5.   Any reasonable administrative fee or charge imposed by
99      a county or municipality pursuant to s. 125.01047, s. 166.04465,
100     or s. 323.002 upon the registered owner or other legally
101     authorized person in control of a vehicle or vessel.
102          6.   Any reasonable daily administrative fee for the storage
103     of electric vehicles that have been involved in an accident,
104     which may be charged in addition to fees specifically authorized
105     under s.125.0103 or s. 166.043. Such daily administrative fee
106     may not exceed three times the daily rate for storage authorized
107     under s.125.0103 or s. 166.043.. For purposes of this paragraph,
108     the term "daily administrative fee" means any fee imposed by a
109     towing-storage or wrecker operator for administrative costs
110     added to the amount due for towing and storing the electric
111     vehicle that are associated with and unique to the cleanup of
112     the accident scene, debris removal, and additional costs related
113     to storing that are specific to an electric vehicle that has
114     been in an accident.
115          Section 5.   This act shall take effect July 1, 2025.
116
      PCS for CSHB 577 Strike1
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                                         Bill No. PCS for CS/HB 577   (2025)
        Amendment No. 1


117           -----------------------------------------------------
118                       T I T L E   A M E N D M E N T
119          Remove line 7 and insert:
120          daily administrative fee for the storage of electric




      PCS for CSHB 577 Strike1
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