Bill Amendment: FL S0332 | 2024 | Regular Session
NOTE: For additional amemendments please see the Bill Drafting List
Bill Title: Wrecker Operators
Status: 2024-03-08 - Died in Community Affairs [S0332 Detail]
Download: Florida-2024-S0332-Senate_Committee_Amendment_309550.html
Bill Title: Wrecker Operators
Status: 2024-03-08 - Died in Community Affairs [S0332 Detail]
Download: Florida-2024-S0332-Senate_Committee_Amendment_309550.html
Florida Senate - 2024 COMMITTEE AMENDMENT Bill No. SB 332 Ì309550ÂÎ309550 LEGISLATIVE ACTION Senate . House . . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— The Committee on Transportation (Burgess) recommended the following: 1 Senate Amendment (with title amendment) 2 3 Delete everything after the enacting clause 4 and insert: 5 Section 1. Paragraph (d) is added to subsection (1) of 6 section 125.0103, Florida Statutes, to read: 7 125.0103 Ordinances and rules imposing price controls.— 8 (1) 9 (d) Counties must establish maximum rates that may be 10 charged by a wrecker operator for the storage of electric 11 vehicles or alternative fuel motor vehicles in the operator’s 12 storage facilities. Such rates may exceed the rate that is 13 charged for the cost of storing vehicles that run solely on 14 gasoline or diesel fuels. 15 Section 2. Paragraph (d) is added to subsection (1) of 16 section 166.043, Florida Statutes, to read: 17 166.043 Ordinances and rules imposing price controls.— 18 (1) 19 (d) Municipalities must establish maximum rates that may be 20 charged by a wrecker operator for the storage of electric 21 vehicles or alternative fuel motor vehicles in the operator’s 22 storage facilities. Such rates may exceed the rate that is 23 charged for the cost of storing vehicles that run solely on 24 gasoline or diesel fuels. 25 Section 3. Subsection (7) of section 323.001, Florida 26 Statutes, is amended to read: 27 323.001 Wrecker operator storage facilities; vehicle 28 holds.— 29 (7) When a vehicle owner is found guilty of, or pleads nolo 30 contendere to, the offense that resulted in a hold being placed 31 on his or her vehicle, regardless of the adjudication of guilt, 32 the owner must pay the accrued towing and storage charges 33 assessed against the vehicle. If a vehicle is stored at a 34 wrecker operator’s storage facility for more than 30 days, the 35 person, entity, office, or agency that orders the vehicle to be 36 stored for evidentiary purposes at the wrecker operator’s 37 storage facility must take possession of the vehicle within 30 38 days after the first day of storage. 39 Section 4. Section 323.003, Florida Statutes, is created to 40 read: 41 323.003 Wrecker operator fees.—A wrecker operator may 42 charge actual cost plus 10 percent for the cleanup, containment, 43 and disposal of pollution and hazardous materials. A wrecker 44 operator may charge actual cost plus 10 percent for any cleanup 45 and disposal necessary after an accident or a fire or any 46 accidental discharge of any hazardous materials or debris 47 associated with an electric vehicle. 48 Section 5. Paragraph (b) of subsection (4) and subsection 49 (6) of section 713.78, Florida Statutes, are amended to read: 50 713.78 Liens for recovering, towing, or storing vehicles 51 and vessels.— 52 (4) 53 (b) Whenever a governmental entitylaw enforcement agency54 authorizes the removal of a vehicle or vessel or whenever a 55 towing service, garage, repair shop, or automotive service, 56 storage, or parking place notifies the governmental entitylaw57enforcement agencyof possession of a vehicle or vessel pursuant 58 to s. 715.07(2)(a)2., the governmental entitylaw enforcement59agencyof the jurisdiction where the vehicle or vessel is stored 60 shall contact the Department of Highway Safety and Motor 61 Vehicles, or the appropriate agency of the state of 62 registration, if known, within 24 hours through the medium of 63 electronic communications, giving the full description of the 64 vehicle or vessel. Upon receipt of the full description of the 65 vehicle or vessel, the department shall search its files to 66 determine the owner’s name, the insurance company insuring the 67 vehicle or vessel, and whether any person has filed a lien upon 68 the vehicle or vessel as provided in s. 319.27(2) and (3) and 69 notify the applicable governmental entitylaw enforcement agency70 within 72 hours. The person in charge of the towing service, 71 garage, repair shop, or automotive service, storage, or parking 72 place shall obtain such information from the applicable 73 governmental entitylaw enforcement agencywithin 5 days after 74 the date of storage and shall give notice pursuant to paragraph 75 (a). The department may release the insurance company 76 information to the requestor notwithstanding s. 627.736. 77 (6) A vehicle or vessel that is stored pursuant to 78 subsection (2) and remains unclaimed, or for which reasonable 79 charges for recovery, towing, or storing remain unpaid, and any 80 contents not released pursuant to subsection (10), may be sold 81 by the owner or operator of the storage space for such towing or 82 storage charge 35 days after the vehicle or vessel is stored by 83 the lienor if the vehicle or vessel is more than 3 years of age 84 or 50 days after the vehicle or vessel is stored by the lienor 85 if the vehicle or vessel is 3 years of age or less. The sale 86 mustshallbe at public sale for cash. If the date of the sale 87 was not included in the notice required in subsection (4), 88 notice of the sale mustshallbe given to the person in whose 89 name the vehicle or vessel is registered and to all persons 90 claiming a lien on the vehicle or vessel as shown on the records 91 of the Department of Highway Safety and Motor Vehicles or of any 92 corresponding agency in any other state in which the vehicle is 93 identified through a records check of the National Motor Vehicle 94 Title Information System or an equivalent commercially available 95 system as being titled. Notice of the sale must be sent by 96 certified mail. The notice must have clearly identified and 97 printed, if the claim of lien is for a motor vehicle, the last 8 98 digits of the vehicle identification number of the motor vehicle 99 subject to the lien, or, if the claim of lien is for a vessel, 100 the hull identification number of the vessel subject to the 101 lien, in the delivery address box and on the outside of the 102 envelope sent to the registered owner and all other persons 103 claiming an interest therein or lien thereon. The notice must be 104 sent to the owner of the vehicle or vessel and the person having 105 the recorded lien on the vehicle or vessel at the address shown 106 on the records of the registering agency at least 30 days before 107 the sale of the vehicle or vessel. The notice must state the 108 name, physical address, and telephone number of the lienor, and 109 the vehicle identification number if the claim of lien is for a 110 vehicle or the hull identification number if the claim of lien 111 is for a vessel, all of which must also appear in the return 112 address section on the outside of the envelope containing the 113 notice of sale. After diligent search and inquiry, if the name 114 and address of the registered owner or the owner of the recorded 115 lien cannot be ascertained, the requirements of notice by mail 116 may be dispensed with. In addition to the notice by mail, public 117 notice of the time and place of sale mustshallbe made by 118 publishing a notice thereof one time, at least 10 days before 119 the date of the sale, in a central database or online format 120 approved or operated by the Department of Highway Safety and 121 Motor Vehiclesin a newspaper of general circulation in the122county in which the sale is to be held. The proceeds of the 123 sale, after payment of reasonable towing and storage charges, 124 and costs of the sale, in that order of priority, shall be 125 deposited with the clerk of the circuit court for the county if 126 the owner or lienholder is absent, and the clerk shall hold such 127 proceeds subject to the claim of the owner or lienholder legally 128 entitled thereto. The clerk isshall beentitled to receive 5 129 percent of such proceeds for the care and disbursement thereof. 130 The certificate of title issued under this law mustshallbe 131 discharged of all liens unless otherwise provided by court 132 order. The owner or lienholder may file a complaint after the 133 vehicle or vessel has been sold in the county court of the 134 county in which it is stored. Upon determining the respective 135 rights of the parties, the court may award damages, attorney 136 fees, and costs in favor of the prevailing party. 137 Section 6. This act shall take effect October 1, 2025. 138 139 ================= T I T L E A M E N D M E N T ================ 140 And the title is amended as follows: 141 Delete everything before the enacting clause 142 and insert: 143 A bill to be entitled 144 An act relating to wrecker operators; amending ss. 145 125.0103 and 166.043, F.S.; requiring counties and 146 municipalities, respectively, to establish maximum 147 rates for the storage of electric vehicles or 148 alternative fuel motor vehicles in a wrecker 149 operator’s storage facilities; authorizing such 150 maximum rates to exceed a specified rate; amending s. 151 323.001, F.S.; requiring a person, an entity, an 152 office, or an agency that orders a vehicle to be 153 stored at a wrecker operator’s facility to take 154 possession of the vehicle within a specified 155 timeframe; creating s. 323.003, F.S.; authorizing a 156 wrecker operator to charge certain fees under certain 157 circumstances; amending s. 713.78, F.S.; replacing the 158 term “law enforcement agency” with “governmental 159 entity”; revising the notice requirements for certain 160 unclaimed vehicles; making technical changes; 161 providing an effective date.