Agenda 06/08/2010 Item #12A
Agenda Item No. 12A
June 8, 2010
Page 1 of 8
EXECUTIVE SUMMARY
A report in response to the Board's direction at its March 9, 2010, meeting regarding the
regulation of companies providing vehicle immobilization services in Collier County and a
request for direction with respect to amending Ordinance No. 08-47, as amended, and the
maximum vehicle immobilization rate established by Resolution No. 2009-271.
OBJECTIVE: To report back to the Board in response to its direction to consider an increase of
the current flat $25,00 maximum immobilization or ''booting'' rate in Collier County to $75.00,
subject to the following: (1) that companies providing booting services are required to be a
licensed towing/wrecker operator and (2) that vehicle owners be provided a first warning prior to
having their vehicles booted.
CONSIDERATION: On November 10, 2009, the Board approved Agenda Item number 17G,
which establishes a flat $25.00 vehicle immobilization rate, At the request of Commissioner
Fiala at its February 23,2010 meeting, the Board of County Commissioners directed the County
Attorney to review that rate and bring back a survey of vehicle ilmnobilization rates charged by
other jurisdictions. On March 9, 2010, the County Attorney's Office presented a survey of
immobilization rates from other jurisdictions. At that meeting, the Board listened to comments
from members of the public, including those residing in various residential neighborhoods that
utilize booting services offered by the Whitestone Group; an active for profit Florida corporation
providing security services in Collier and Lee County.
At the conclusion ofthe March 9,2010 meeting, the Board directed staff to review the maximum
fee schedule to consider an increase to the maximum rate for vehicle immobilizations to $75.00
(while also exploring the possibility of a sliding scale fee schedule if a vehicle remains
immobilized for multiple consecutive days), implementing a warning system so that first time
violators will not have their vehicles booted, and requiring companies providing immobilization
services to possess towing/wrecker company licenses.
As the Board will recall, the Collier County Sheriff sought the amendment of Ordinance No. 08-
47 (the towing ordinance) to include regulating booting because his office began to encounter
multiple situations involving companies hired to boot vehicles on private property. The Sheriff
viewed the practice of booting vehicles as similar to the predatory towing practices that, in part,
led to an amendment of the tow truck ordinance in September 2008.
The Whitestone Group's Proposal
Since the March 9, 2010 meeting, the County Attorney's Office has had several conversations
with members of the public that appeared and spoke at that meeting as well as with counsel for
the Whitestone Group. The Whitestone Group is currently suing the County concerning the
County's maximum booting fee. A further meeting was scheduled with the Whitestone Group's
attorney on May 28, 2010, but its attorney cancelled an hour before the scheduled meeting time.
Agenda Item No. 12A
June 8, 2010
Page 2 of 8
Counsel for the Whitestone Group did, however, advise the County Attorney's Office that it
would be agreeable to a resolution in which:
· The maximum booting fee is set at $100,00,
· Companies providing booting services do not have to be licensed tow truck operators,
and
· No warning is required prior to booting improperly parked vehicles.
Mutual efforts to meet are ongoing between the Whitestone Group's attorney and the County
Attorney.
Report and Recommendation
Notably, on March 23, 2010, Lee County passed Resolution No. 10-03-25, which establishes a
$50.00 maximum chargeable rate for releasing immobilized vehicles on private property. A
copy of Lee County's Resolution is attached for the Board's review. Also of note to the Board is
that a class-action lawsuit has been filed against the Whitestone Group in Lee County claiming
the company is engaging in unlawful vehicle booting practices. The merit of that lawsuit is
unknown.
I. Maximum Rate
The $75,00 rate proposed by the Board is reasonable and in-line with the current maximum
amount in neighboring Lee County. Although a flat fee such as those currently in effect in Lee
and Collier Counties are easily administered, to the extent that the Board also sought feedback as
to whether a sliding scale maximum fee might be appropriate, an additional fee for subsequent
days a vehicle is immobilized would not be unlawful.
2. First Time Warnings
As discussed by the Board at the March 9th meeting, there are inherent difficulties in creating a
first time warning prior to booting. Other jurisdictions, similar to Collier County simply have a
requirement that notice be posted on the private property that vehicles might be towed or
immobilized when improperly parked. One suggestion, although not found in use in another
jurisdiction, is to require booting companies that find improperly parked vehicles to place a
bright colored sticker on the driver's side window noting the date and time the vehicle was
discovered improperly parked and stating that the vehicle will be immobilized if it is not moved
within 12 hours (or some other specified time period).
3. Tow Truck Licensing Requirement
The Board also directed staff to examine whether it is appropriate to require booting companies
to be licensed tow truck operators. Some jurisdictions in Florida have separate licensing
requirements to conduct a booting operation; usually by requiring a separate application and
licensing fee to the county or municipality. For example, Miami-Dade County has an annual
$500.00 application fee for booting companies. Booting license fees for individual operators in
2
Agenda Item No. 12A
June 8, 2010
Page 3 of 8
Miami-Dade is only $50.00. That additional licensing requirement, however, does not mandate
that persons or companies booting vehicles be licensed tow truck operators. In fact, such
jurisdictions usually recognize separate and distinct insurance requirements for companies that
only boot vehicles versus those that tow, remove and store vehicles (e.g., Miami-Dade requires
$25,000.00 in liability insurance, West Palm Beach requires $20,000.00). Although the Board
could direct the creation of a separate application and license for companies wishing to operate
provide booting services in Collier County, because companies that only boot do not tow,
remove or store vehicles, there may not be a reasonable nexus to require those companies to be
held to the same requirements as a towing company.
FISCAL IMPACT: None,
LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney's Office
and involves a policy matter for the Board's determination-SRT.
GROWTH MANAGEMENT IMPACT: None.
RECOMMENDATION: That the Board of County Commissioners accepts the County
Attorney's report to the Board and provide direction as to whether it wishes to amend Ordinance
No. 08-47 and Resolution No, 2009-271.
Prepared Bv:
Scott R. Teach, Deputy County Attorney
Attachments:
Lee County Resolution No. 10-03-25
3
Agenda Item No. 12A
June 8, 2010
Page 4 of 8
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
Item Summary:
.12A
A report in response to the Boards direction at its March 9, 2010, meeting regarding the
regulation of companies providing vehicle immobilization services in Collier eounty and a
request for direction with respect to amending Ordinance No. 08-47, as amended, and the
maximum vehicle immobilization rate established by Resolution No. 2009-271.
6/8/2010 9:00:00 AM
Meeting Date:
Prepared By
Scott R. Teach Deputy County Attorney Date
County Attorney County Attorney 6f2/2010 8:20:54 AM
Approved By
Jeff Klatzkow County Attorney Date
6/2/2010 8:27 AM
Approved By
OMB Coordinator Date
County Manager's Office Office of Management & Budget 6/2f2010 8:53 AM
Approved By
Randy Greenwald ManagementfBudget Analyst Date
Office of Management & Office of Management & Budget
Budget 6f2f2010 9:52 AM
Approved By
Leo E. Ochs, Jr. County Manager Date
County Managers Office County Managers Office 6/2/2010 11 :59 AM
Agenda Item No. 12A
June 8, 2010
Page 5 of 8
,;
; j"'
LEE COUNTY RESOLUTION NO. 10-03-25
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF LEE COU.NTY, FLORIDA AMENDING
THE MAXIMUM REMOV AL, TOWING, STORAGE AND
IMMOBILIZA TION SERVICE RATES FOR VEHICLES IN
UNINCORPORA TED LEE COUNTY.
WHEREAS, on June 27. 2000, the Board of County CO":lmissioners of Lee County,
Florida (the "Board"), adopted Lee County Ordinance No. .00-13, adopting maximum
removal, towing, storage and immobilization service rates ("Rates") pursuant to Florida
Statutes Section 715.07 and 125,0103; and,
WHEREAS, Lee County Ordinance No. 00-13 authorizes the Board to amend the
Rates by Resolution; and,
NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF LEE COUNTY, FLORIDA, that:
In accordance with Section Four of Lee County Ordinance No. 00-13, the Rates
are amended as described in Exhibit "A",
Commissioner Mann made ~ motion to adopt the foregoing Resolution, seconded
by Commissioner Judah. The vote was as follows:
VACANT
BRIAN BIGELOW
RAY JUDAH
TAMMARA HALL
FRANK MANN
AYE
AYE
AYE
AYE
Al4b
3-23-10
-
Agenda Item No. 12A
June 8, 2010
Page 60f8
DULY PASSED AND ADOPTED this 23m day of March r 2010.
ATTEST: CHARLIE GREEN
CLERK OF COURTS
BOARD OF COUNTY COMMISSIONERS
OF LEE COUNTY, FLORIDA
BY: .'tnn.J,~ ~ "bJ: J/J I1>1J
Deputy Clerk
BY:
~I
Chair
~.:- .....~.....,..... \ \ \
-':'- .~\~!n Y CO,J..'l,
:;i~~\.\s.~'''.....~~V~ If
.7" 'i'-.;h ,.' '::<13>. I
- ~".' . .~~ 'I
..... """., . c.- '
-;~t: C1EAL:'?~'
-" . l <;;. ..lC""
? .. ~ . c,,-.) r"
,~ .. : ~
t, ,.". ....:;
f yr.'.... .."-
~~ .rlr......~.. ~~~ -
, ! i ~.;'f!J;'fT11 o\.~~~_--
~ \ t -, I : I}"' .....
1."\ .~.'\..................
BY:
S:\GS\JRS\Resohrtions\Resolullon - TOWing and Storage Rates.doc
"EXHIBIT A"
2010 - MAXIMUM RATE SCHEDULE
LEE COUNTY. FLORIDA
CLASS A WRECKERS:
(INCLUDING ROLL-BACK OR SLIDE-BACK CARRIERS)
Base Rate
Mi1e~ge Rate (per mile charge beyond 10 mile radius)
Hourly Rate
(for waiting or working time on scene after first 30 minutes)
CLASS B WRECKERS:
Base Rate
CLASS C WRECKERS:
Base Rate
Mileage Rate (per mile charge beyond 10 mile radius)
Hourly Rate
SEPARATE CHARGES:
1. Removal of Drive Shaft
2. Air.Hook-up
3. Remove/Pull Axle .
4. Remove Bumper
5, Removal Air Foils
6. LandoU Trailer -' Semi roll back or drop back trail or truck
7. Air Bags
8. Extra Manpower - Per man hour charge
DAILY MAXIMUM URBAN STORAGE TO 20 FEET IN LENGTH:
Inside $30,00
Outside $25.00
Agenda Item No. 12A
June 8, 2010
Page 7 of 8
RATE
$100.00
$3.00
$65.00
$135.00
$4.00
$80.00
$200.00
$5.00
$175.00
% hour \Norkod /\11
Minimum % hour
applicable rate or
actual time-worked
at aoplicable hourlY
rate
$150,00
$2,000,00
$50.00
-
.. (
Agenda Item No. 12A
June 8, 2010
Page 8 of 8
.
DAIL Y MAXIMUM URBAN STORAGE OVER 20 FEET IN LENGTH:
Inside $45.00
Outside $40:00
MAXIMUM RATE CHARGABLE FOR RELEASING AN IMMOBILIZED VEHICLE ON
PRIVATE PROPERTY:
$50 for each immobilization properly conducted in accordance with Ordinance 00-13
and Florida law.