Backup Documents 07/27-28/2010 Item #17HCOLLIER COUNTY FLORIDA
REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS
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To: Clerk to the Board: Please place the following as a:
❑ Other:
® Normal legal Advertisement
(Display Adv., location, etc.)
Originating Dept/ Div: County Attorney Office Person: Jeffrey A. Klatzkow, County Attorney Date: July 12, 2010
Petition No. (If none, give brief description): Ordinance Amending Ordinance No. 08 -47 (Tow Truck)
Petitioner: (Name & Address): N/A
Name & Address of any person(s) to be notified by Clerk's Office: (If more space is needed, attach separate sheet) N/A
Hearing before BCC BZA Other
Requested Hearing date: (Based on advertisement appearing 10 days before hearing. July 27, 2010 BCC Meeting. To be advertised
no later than FRIDAY, July 16, 2010)
Newspaper(s) to be used: (Complete only if important):
® Naples Daily News ❑ Other ❑ Legally Required
Proposed Text: (Include legal description & common location & Size:
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING
ORDINANCE NUMBER 08 -47, AS AMENDED, WHICH REGULATES NON - CONSENT LAW ENFORCEMENT
TOWING, PRIVATE PROPERTY TOWING, IMMOBILIZATION, AND STORAGE OF VEHICLES, BY PROVIDING
FOR AMENDMENTS TO THE FOLLOWING SECTIONS: DEFINITIONS; MAXIMUM TOWING STORAGE, AND
RELATED RATES PERTAINING TO NON - CONSENT TOW SERVICES, AS WELL AS PRIVATE PROPERTY
TOWING, AND IMPOUND AND IMMOBILIZATION; TOWING OR IMMOBILIZATION WITH PRIOR EXPRESS
INSTRUCTION OF REAL PROPERTY OWNER OR AUTHORIZED AGENT AND /OR LAW ENFORCEMENT
AGENCY; NOTICE REQUIREMENTS FOR REMOVING AND IMMOBILIZING VEHICLESNESSELS FROM AND ON
PRIVATE REAL PROPERTY; TOW TRUCKAMMOBILIZATION COMPANY REQUIREMENTS; PENALTIES,
ENFORCEMENT AND SCOPE OF ARTICLE; AND PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND
ORDINANCES, PROVIDING FOR CONFLICT AND SEVERABILITY, AND PROVIDING FOR AN EFFECTIVE DATE.
Companion petition(s), if any & proposed hearing date: N/A
Does Petition Fee include advertising cost? ❑ Yes ® No If Yes, what account should be charged for advertising costs:
P.O. 4500113518 (County Manager)
Reviewed by:
Division Administrator or esignee Date
List Attachments: Proposed Ordinance
DISTRIBUTION INSTRUCTIONS
A. For hearings before BCC or BZA: Initiating person to complete one copy and obtain Division Head approval before
submitting to County Manager. Note: If legal document is involved, be sure that any necessary legal review, or request for
same, is submitted to County Attorney before submitting to County Manager. The Manager's office will distribute copies:
❑ County Manager agenda file: to ❑ Requesting Division
Clerk's Office
❑ Original
B. Other hearings: Initiating Division head to approve and submit original to Clerk's Office, retaining a copy for file.
FOR CLERK'S OFE CE USE ONLY:
Date Received: /D Date of Public hearing: W2,7110 /O Date Advertised: *2010
(/[ 2010
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ORDINANCE NO. 2010-
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NUMBER
08 -47, AS AMENDED, WHICH REGULATES NON - CONSENT LAW
ENFORCEMENT TOWING, PRIVATE PROPERTY TOWING,
IMMOBILIZATION, AND STORAGE OF VEHICLES, BY PROVIDING
FOR AMENDMENTS TO THE FOLLOWING SECTIONS:
DEFINITIONS; MAXIMUM TOWING STORAGE, AND RELATED
RATES PERTAINING TO NON - CONSENT TOW SERVICES, AS WELL
AS PRIVATE PROPERTY TOWING, AND IMPOUND AND
IMMOBILIZATION; TOWING OR IMMOBILIZATION WITH PRIOR
EXPRESS INSTRUCTION OF REAL PROPERTY OWNER OR
AUTHORIZED AGENT AND /OR LAW ENFORCEMENT AGENCY;
NOTICE REQUIREMENTS FOR REMOVING AND IMMOBILIZING
VEHICLES/VESSELS FROM AND ON PRIVATE REAL PROPERTY;
TOW TRUCKAMMOBILIZATION COMPANY REQUIREMENTS;
PENALTIES, ENFORCEMENT AND SCOPE OF ARTICLE; AND
PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND
ORDINANCES, PROVIDING FOR CONFLICT AND SEVERABILITY,
AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Board of Commissioners desires to amend Ordinance No. 2008 -47, as
amended, to provide additional regulations for the operation of companies utilizing
immobilization devices on vehicles within Collier County, Florida; and
WHEREAS, the Board of County Commissioners believes that the regulations proposed
in this amended Ordinance promote and enhance the health, safety and welfare of its citizens; and
WHEREAS, on July 27, 2010, the Board of County Commissioners approved amending
those sections of Ordinance No. 2008 -47, as amended, as set forth below.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that Collier County Ordinance
No. 2008 -47, as amended, is hereby further amended to read as follows:
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Section One:
Section Two of the Ordinance is hereby amended to read as follows:
Definitions.
Section Two, Definitions, is hereby amended to read as follows:
In case of ambiguity, subsection 1.01(15), Florida Statutes, can be referred to construe the
intent of this article. As used in this article, the respective word or phrase means:
Accident scene means the place where the vehicle /vessel is located immediately following
an accident that damaged that vehicle /vessel, preventing safe operation.
Administrative /lien fee shall mean the fee that is charged by a towing company for title
records, conducting a lien search, advertising costs, and certified mail notification to the
lienholder, owner and all persons with a vested interest in the vehicle of the whereabouts and
charges against a vehicle or vessel as required by § 713.78, Florida Statutes.
Authorized person (for a vehicle /vessel) means any individual who at the time a decision
to select a towing company is made, has lawful, actual or constructive physical possession or
custody of that vehicle /vessel, including, prioritized in this descending order: registered owner
or co -owner of the vehicle /vessel, operator of the vehicle /vessel, bailee of the vehicle /vessel, or
licensed passenger who is then 16 years of age or older, or insurance company authorized by the
owner or co -owner of a vehicle /vessel.
Authorized agent (for a property) means any agent or authorized agent for a property
owner who has written authority to sign for an absentee owner or association board for the
removal of a vehicle or vessel parked on real private property.
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Authorized wrecker operator means a wrecker operator who is then designated as part of
the wrecker operator system established by the governmental unit that then has jurisdiction over
the scene of a wrecked or disabled vehicle (including, when applicable, the Division of Florida
Highway Patrol), where the governmental unit/law enforcement officer has determined necessary
the removal of a vehicle /vessel by rotation wrecker.
Commercial Motor Vehicle is defined as follows: Any motor vehicle or motor vehicle
combination used on the streets or highways, which: (a) has a gross vehicle weight of 26,001
pounds or more, or has three or more axles regardless of weight, or is used in combination when
the weight of such combination exceeds 26,001 pounds gross vehicle weigh; (b) is designed to
transport more than 15 persons, including the driver; or (c) is transporting hazardous materials
and is required to be placarded in accordance with Title 49 C.F.R. part 172, Subpart F.
Disabled means a vehicle /vessel that cannot be moved by its own power because the
physical condition of the towed vehicle /vessel, including from non -use, lack of fuel, mechanical
malfunction or because such movement, except by being towed, would otherwise be illegal or
violate a private rule.
Extra time at scene shall mean any extra time beyond one -half (1/2) hour at an accident
scene, needed to safely remove a vehicle /vessel and shall also include the amount of time spent at
a scene when a tow truck has been summoned and is on scene but unable to proceed through no
fault of the tow truck operator. All extra billable time shall be documented by the tow truck
operator and shall include the following information: (1) the name of the law enforcement
agency, (2) the law enforcement agency case number, (3) a detailed description of the reason for
the extra time required to remain at the accident scene, and (4) the officer's name badge number.
The documentation shall also include a detailed explanation of the services rendered which
necessitated the additional charges. Extra time on scene shall be charged in fifteen- minute
increments.
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Gross Weight shall mean the weight of a tow truck in pounds plus the weight of the
vehicle(s) /vessel(s) or other machinery and the contents being towed.
Incapacitated means any person who is then physically or legally unable to operate the
towed vehicle /vessel at that time of the rotation request made by law enforcement because of that
person's physical condition, including sickness, injury, being under the influence of alcohol or
controlled substance, being under arrest, being detained, revocation or suspension of that
person's operator's license or permit, or any other condition that the jurisdictional law
enforcement officer determines is justification to call a wrecker off of rotation.
Immobilization Device means any device attached to a vehicle which is designed to
prevent the vehicle from being operated.
Immobilization means the utilization of a "boot" or other meslani -sm Immobilization
Device wMe4t that causes a vehicle to be immobile or otherwise renders a vehicle immobile or
inoperable.
Immobilization Company means the private partnership, corporation or other privately
owned business entity, including sole proprietor, engaged in the immobilization of vehicles,
including the utilization of a "boot" or other meelanism Immobilization Device whiek that
causes a vehicle to be immobile or otherwise renders a vehicle immobile or inoperable.
Law means all applicable ordinances, Florida Statutes, United States Statutes and Codes,
special acts, or any applicable lawful rules and regulations enacted, promulgated, or adopted by
any governmental entity or any agency or subdivision thereof.
Law Enforcement Officer means every officer (full or part-time) as then defined by
federal law or by Florida Statute, including subsection 112.531(l), any subsection of
316.1906(1)(d)(1) (3) inclusive; or subsection 9443.10(1), (6) or (8).
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Law Enforcement Tow shall mean any tow authorized by any jurisdictional law
enforcement officer where an authorized wrecker operator is dispatched off of the wrecker
rotation system (a non - consent tow).
Light reflective sign shall mean an eighteen -inch wide by twenty -four inch high sign
made of aluminum (at least 0.040 thickness) or fiber reinforced plastic (at least 0.090 thickness).
The entire background surface and all lettering must at a minimum be type 1 engineered grade
sheeting (ASTM D4956 -01). The letters may be screen printed on the type 1 sheeting using a
compatible transparent ink so that the retroreflective is maintained and visible.
Mileage charge shall mean allowable charges for miles from the location of the company
storage yard to the location of an accident scene or scene of a rotation call authorized by a
jurisdictional law enforcement agent. Mileage charges are not reimbursable for private property
towing.
Non - consent towing means the recovery, towing, removal and storage of a vehicle /vessel
without authorization of the vehicle /vessel owner or authorized driver and shall include both
"Law Enforcement Officer Tows" and "Private Property Impounds /Tows" as defined herein.
Operator shall mean any person who provides the services of recovering, towing, or
removing vehicles /vessels and any vehicle /vessel storage services associated therewith and
includes without distinction the owning of a towing firm and the driver of a tow truck.
Person shall mean any natural person, firm, partnership, association, corporation or other
entity of any kind whatsoever.
Private property means all real property not owned by, leased to, or similarly controlled
by a governmental entity, including private roads.
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Private property impound or tow shall mean towing or removal of a vehicle /vessel
without the consent of the vehicle's owner or authorized driver when that vehicle /vessel is
parked on real property, as authorized by F.S. § 715.07, as may be amended, when the authorized
agent for the property or the owner of the property has requested removal of the vehicle /vessel.
Private rule means restrictive covenant, deed restriction, parking ticket restriction, and
any other private rule or regulation that prohibits that type of vehicle /vessel from being at or on
that private property at that time, and towing or immobiliz ing that vehicle /vessel from that
property is then allowed by law.
Real property owner shall mean that person who exercises dominion and control over real
private property, including but not limited to, the legal titleholder, lessee, designated
representative of a condominium or homeowner's association or any person authorized to
exercise or share dominion and control over real property; provided, however, that "real property
owner" shall not mean or include a person providing towing services within the purview of this
article.
Recover shall mean to take possession of a vehicle /vessel and its contents and to exercise
control, supervision and responsibility over it; including removal of vehicles from a canal or
other body of water, wooded area, or any other unpaved area.
Remove shall mean the removal of a vehicle /vessel from a canal or other body of water, a
wooded area not readily accessible to a roadway (i.e., within a standard cable length) or when a
vehicle /vessel is buried. This includes towing, winching, skating, using go jacks, or any other
method employed by towing companies.
Road means alley, court, drive, driveway, highway, interstate highway, lane, parking lot,
street, or any other substantially similar place, public or private.
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Scene means a physical location from where a vehicle is towed following response
thereto by a law enforcement officer, including with regard to an impounded vehicle /vessel or an
abandoned vehicle /vessel.
Storage means retaining actual physical possession of a vehicle /vessel at a private storage
facility anywhere in Florida, for consideration, including storage at such a private storage facility
by or on behalf of a governmental entity or agency of any subdivision thereof. Storage shall
further mean to place and leave a towed vehicle /vessel at a location where the person providing
the towing services exercises control, supervision and responsibility over the vehicle /vessel.
Storage facility shall mean the location where towed vehicle /vessels are stored.
Tow shall mean to haul, draw or pull along a vehicle or vessel by means of a tow truck
(wrecker) for hire equipped with booms, car carriers, winches or similar commercially
manufactured equipment. This is usually done by transporting vehicle /vessels through a means
other than the towed vehicle /vessel's power source by pulling the vehicle /vessel behind a truck or
transporting the towed vehicle /vessel on a truck bed or other substantially similar conveying
vehicle /vessel that has four or more wheels.
Towing company means any private partnership, corporation or other privately owned
business entity, including sole proprietor, engaged in the operation of towing vehicles /vessels by
means of a tow truck slide bed, wrecker or any other form of towing apparatus designated for the
purpose of transporting motor vehicles or vessels. This definition includes any person, company,
corporation, or other entity, which engages in, owns or operates a business that provides non -
consent towing, recovery, removal and storage of vehicles /vessels for compensation.
Tow truck placard shall mean a decal or sign issued by the local government agent,
authorized jurisdictional law enforcement agency, or similar governmental body, which is placed
upon any tow truck to designate authorization to engage in non - consent tows and to allow
parking in specially designated areas authorized by the county or jurisdictional governing body.
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Unavailable means that no authorized person is physically present at the scene; or is
present, but is incapacitated. When no accident scene is involved, an authorized person is
unavailable if he or she cannot readily be contacted to be asked to decide which towing company
can tow that vehicle /vessel on that occasion.
Vehicle means a machine or other substantially similar thing designed or used to transport
one of more persons and/or property over road or land in the state of Florida, and that has two or
more wheels, and is propelled by its own engine, motor, or pulling animal(s). Vehicle includes
car, truck, trailer, semi - trailer, motorcycle, motor scooter, moped, bus, van, recreational vehicle,
all- terrain vehicle, golf cart, animal -drawn vehicle, and every other substantially similar means of
wheeled transportation.
Vessel is synonymous with boat as referenced in s. 1(b), Art. VII of the State Constitution
and includes every description of watercraft, barge, and airboat, other than a seaplane on the
water, used or capable of being used as a means of transportation on water in and around the state
of Florida.
Wrecked means a vehicle that cannot be driven away from its location because of the
physical condition of that vehicle /vessel, including from non -use.
Section Two:
Section Four of the Ordinance is hereby amended to read as follows:
Maximum towing, storage and related rates pertaining to non - consent tow services,
as well as, private property towing, impound, and immobilization.
(a) Limited to the specific towing or immobilization operation and/or storage, this
article does not limit pass - through of any additional towing, immobilization and/or storage
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related fees or charges required or authorized by Florida law which supersedes this article. Also, 17H
limited to the specific towing, or immobilization epem44m and/or storage, this article does not
affect any then existing rights of the a towing or immobilization company to recover from any
person or entity all costs actually paid aaey for filing any form(s), taking any
legal action(s), and/or other substantially similar costs.
(b) The Board of County Commissioners shall, by resolution, establish maximum
rates for non - consent law enforcement towing, private property towing, storage, immobilization
and related services of towed vehicles /vessels, which may be amended from time to time as
follows:
(1) Towing services per call, which shall include time from arrival on scene through
the first thirty (30) minutes on scene that the tow truck is actually engaging in the
safe removal of a vehicle /vessel.
(2) A mileage charge for only law enforcement directed tows based upon the distance
from the towing business' location to the scene and back.
(3) Storage charges that shall begin six (6) hours after arrival at the towing company
location and will accrue in twenty -four (24) hour intervals starting each day
thereafter from the time of original arrival to the storage location (e.g., car towed
in for storage at 6:00 p.m., between 6:00 p.m. and 12:00 a.m. no storage charge
applies, at 12:01 a.m. charges for day one storage begins, the next day at 6:01 p.m.
the second day of storage begins), where:
(a) Law enforcement has authorized the vehicle /vessel to be impounded; or
(b) The appropriate law enforcement agency has been notified by the tow
truck company, within 30 minutes after completion of such towing or
removal, that the tow truck company is in possession of a vehicle /vessel
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resulting from a private property impound tow per Florida Statute §
715.07.
(4) Indoor storage rates may only be charged upon the express direction and written
authorization of the owner /authorized driver /agent, lien holder, insurance
company representative or investigating law enforcement agency. The only
exceptions to this rule are:
(a) When the condition of the vehicle /vessel requires indoor storage due to
inclement weather conditions or the vehicle's window(s) and/or
convertible top is down and cannot be raised and indoor storage is
necessary to protect the vehicle and its contents, or
(b) When a municipal or county jurisdiction requires indoor storage for towed
vehicles /vessels.
(5) An administrative/lien fee shall only be charged after the vehicle /vessel has been
in the storage facility for at least five (5) calendar days, and:
(a) The law enforcement agency has prepared an incident report authorizing
the vehicle /vessel to be impounded; or
(b) The law enforcement agency has been notified by the tow truck company,
within 30 minutes after completion of such towing or removal, that the
tow truck company is in possession of a vehicle /vessel resulting from a
private property impound tow per Florida Statute § 715.07; and
(c) The tow truck company must show proof that lien letter(s) have been
prepared with the appropriate names and addresses (i.e., U.S. Mail
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Certification Number, correspondence copies, etc.), thereby establishing
that fees have actually been expended.
(6) Underwater recovery performed by a certified/professional diver with the written
documentation and approval by the investigating law enforcement agency /officer
on scene.
(7) A late -hour gate fee may be applied between the hours of 6:00 p.m. to 8:00 a.m.
Monday through Friday, and 6:00 p.m. Friday to 8:00 a.m. Monday, for law
enforcement tows, when:
(a) Impounded vehicles /vessels are recovered by the owner or authorized
driver /agent during the aforementioned late -hour gate period; or
(b) The owner or authorized driver /agent wishes to recover property from the
impounded vehicle /vessel during the late -hour gate period. There shall be
no charge to any owner or authorized person wishing to remove
prescription medication and prescription eyeglasses from an impounded
vehicle /vessel. Tow truck operators may inform the owner or authorized
driver /agent of the vehicle /vessel that he /she may request that law
enforcement officer be present at the time agreed upon to recover the
property sought. If it is found that the authorized driver /agent of the
vehicle /vessel made a false request to recover prescription medication
and/or prescription eyeglasses in order to recover other items, the tow
truck operator may impose a late -hour gate fee double the rate allowed by
this ordinance.
(8) Hazardous material clean-up and disposal as required, mandated and/or licensed
through federal, state or local laws and approved by the investigating law
enforcement agency /officer.
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(9) Rates for the release of an immobilization device.
Section Three:
Section Five of the Ordinance is hereby amended to read as follows:
Towing or immobilization with prior express instruction of real property owner or
authorized agent and /or law enforcement agency.
In addition to the other requirements of this article, no tow truck company shall, for
compensation, recover, inmneb4ize—, tow, or remove a vehicle /vessel from real property, or
provide storage in connection therewith, nor shall a immobilization company immobilize a
vehicle /vessel from real property without the prior express instruction of the vehicle /vessel
owner or authorized driver, except in accordance with the following:
(a) Police directed tow: Tow truck companies may for compensation recover, tow or
remove a vehicle /vessel based upon a law enforcement directed tow without the prior express
instruction of the vehicle /vessel owner or authorized driver upon the prior express instruction of
a law enforcement agency and in accordance with the terms of any contracts or agreements
between the tow truck company and a governmental entity and/or law enforcement agency.
(b) Private property impound: Tow truck or immobilization companies may recover,
tow, immobilize or remove a vehicle /vessel based upon a private property impound without the
prior express instruction of the vehicle /vessel owner or authorized driver, upon the prior express
instruction of a real property owner or his authorized agent on whose property the vehicle /vessel
is disabled, abandoned or parked without authorization or whose vehicle /vessel owner or
authorized agent is unwilling or unable to remove the vehicle /vessel, provided that the
requirements of this article are satisfied. All companies providing private property towing and/or
immobilization in Collier County must have their storage facility (tow truck companies one) and
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an office located within the county. Further, any towed or removed vehicle or vessel must bJ 7 H
stored at a site within a 10 -mile radius of the point of removal within the county boundaries. A
person may not pay or accept money or other valuable consideration for the privilege of towing,
immobilizing or removing vehicles or vessels from a particular location as mandated by F.S. -
The tow truck or immobilization company recovering, towing or removing a
vehicle /vessel shall, within thirty (30) minutes of completion of such towing, immobilization or
removal, notify the appropriate law enforcement agency in which jurisdiction the vehicle /vessel
was parked of the nature of the service rendered, the name and address of the storage facility
where the vehicle /vessel will be stored or where the vehicle is immobilized, the time the vehicle
was secured to the towing vehicle /vessel or immobilized, and the make, model, color and vehicle
license plate number (if any) or registration number of the vehicle /vessel. The tow truck or
immobilization company shall obtain the name and identification number of the person at the law
enforcement agency to whom such information was reported and note that name on the trip
reeer-d ticket.
For all vehicles /vessels removed or immobilized by a tow truck or immobilization
company, a private property tow or immobilization ticket shall be completed and signed by the
property owner or representative at the time of the tow or immobilization that includes that
individual's driver's license number and the following information: the year, make, model, color
and vehicle identification number, the vehicle license plate number (if any), a statement of any
visible damage to the exterior of the vehicle /vessel, and an inventory of the visible inventory of
the vehicle /vessel initialed by the real property owner or his authorized agent on whose property
the vehicle is disabled, abandoned or parked without authorization. Companies that do not
remove the vehicle from its location and are onlv providing immobilization services are not
required to include an inventory of the contents of the vehicle /vessel
(c) Except as otherwise provided in this article, every prior express instruction made
in writing or in person shall indicate the date and time of the instruction and shall be signed by
the law enforcement officer with their Identification number.
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(d) Except as otherwise provided in this article, no such prior express instruction shall
be considered to have been given:
(1) By the mere posting of signage as required by this article;
(2) By virtue of the terms of any contract or agreement between a tow truck
company and a real property owner;
(3) When the prior express instruction occurs in advance of the actual
unauthorized parking of the vehicle /vessel; or
(4) Where the prior express instruction is general in nature and unrelated to
specific, individual and identifiable vehicles /vessels, which are already parked
without authorization.
(e) Each tow truck or immobilization company shall enter into a written contract with
every owner of private property that authorizes the tow truck or immobilization company to tow
or immobilize vehicles /vessels from its property. This written contract shall include the
beginning date of said contract, the names and titles of all persons (i.e., owner, property manager,
condominium president, etc.) who have the authority to appoint persons (i.e., security guard,
night watchman, onsite manager, etc.) who can authorize prior express instruction to the tow
truck or immobilization company to remove, recover, immobilize or tow any vehicle /vessel from
its property. The written contract shall also include the name and current telephone number of
the tow truck or immobilization company performing the towing or immobilization service. Any
addendum to the contract shall include additional names and titles as necessary. No such
contract shall state that the tow truck company assumes the liability for
improperly towed ef immebiIi vehicles /vessels, contrary to F.S. § 715.07(4). The tow truck
or immobilization company must keep on file each contract and addendum (if applicable) with
the property owner. Such contract shall be maintained for at least twelve (12) months after
termination. Law enforcement off cers /agencies may inspect and request a copy of any and all
such contracts from the tow truck or immobilization company during normal business hours.
The tow truck or immobilization company may not withhold production of the contract upon
demand by law enforcement officers /agencies. Failure to enter into or keep on file a contract
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with the property owner shall be a violation of this article. All contracts that were entered into
prior to the effective date of this article shall accomplish the requirements of this subsection by
entering into an addendum to the current contract within one (1) year following the enactment of
this article.
(f) Tow truck companies may not enter into a written contract with
the owner of private property that authorizes the tow truck company to tow
vehicles /vessels from the real property owner's property to a storage yard where the mileage
restrictions have been exceeded contrary to F.S. § 715.07(2)(a)l, as may be amended from time
to time.
(g) Real property owners or authorized representatives shall not request the recovery,
tow, immobilization or the removal of vehicles /vessels that are reasonably identifiable from
markings or equipment as law enforcement, fire fighting, rescue squad, ambulance, or other
emergency vehicles which are marked as such or to property owned by any governmental entity.
(h) Any person who improperly causes a vehicle /vessel to be recovered, towed, or
immobilized, removed or stored shall be liable to the vehicle /vessel owner or authorized
representative for the costs of the services provided, any damages resulting from the recovery,
towing, immobilization removal or storage and attorney's fees and court costs.
(i) Except as otherwise provided in this ordinance or allowed by law, the practice of
placing a "boot" or other immobilization device on a vehicle is prohibited. When placement of
an immobilization device is allowed by law, immobilization shall occur in accordance with the
provisions of this ordinance or the provisions of any applicable statute pursuant to which a
vehicle is immobilized, as follows:
L) Only tow or immobilization companies licensed to conduct business in
Collier County keensed-4m—aeeer-danee and who are
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otherwise in compliance with all applicable Collier County ordinances
requifements may immobilize vehicles.
(2) The practice of placing a boot or other immobilization device on a vehicle
to hold for towing is strictly prohibited. No immobilized vehicle shall be towed
by a towing company until at least (6) hours have elapsed after the installation of
the immobilization device. In the event that a vehicle is lawfully booted or
otherwise immobilized and towed under this section, a separate fee for
immobilization may not be charged in addition to the towing fee; the maximum
rate shall be limited to that which may be charged for towing said vehicle as set
forth herein.
(3) When immobilization is accomplished by the placement of an
immobilization device on the vehicle, it shall be placed on the front wheel of the
driver's side of the vehicle. The immobilization device may only be placed on
any other wheel or vehicle part if placement on the driver's side front wheel is not
feasible.
(4) Immediately after a vehicle is immobilized, the person immobilizing such
vehicle, the owner of the property where the vehicle is immobilized, or an
employee or agent of such person or owner, shall affix upon each of the front
windows adjacent to the driver's and passen er's seats of such vehicle; a sticker
adhesive, measuring eight and one -half by five
eleven (8 �4 x 5 41-�) inches, containing a warning that any attempt to move the
vehicle may result in damage to the vehicle and stating the name and business
address of the person who immobilized such vehicle as well as a business
telephone number that will facilitate the dispatch of personnel responsible for
removing the immobilization device. The sticker will include the Collier County
ordinance number regulating the practice. Upon payment to remove the
immobilizing device, the immobilizing company shall completely remove the
affixed sticker.
(5) Upon request of the immobilized vehicle's owner or authorized
driver /agent, and payment of any applicable fee, the tow truck or immobilization
16
Words Amok thfough are deleted and words underlined are added.
17H
company shall release the immobilized vehicle to the vehicle's owner or
authorized driver /agent within one (1) hour.
Section Four:
Section Six of the Ordinance is hereby amended to read as follows:
Notice requirements for removing and immobilizing vehicles /vessels from and on
private real property.
(a) Tow truck or immobilization companies duly permitted under this article may
recover, tow, immobilize or remove a vehicle /vessel or provide storage in connection therewith
upon the prior express instruction of a real property owner or authorized agent, on whose
property the vehicle /vessel is abandoned or parked without the authorization of the owner or
other legally authorized person in control of that vehicle or vessel, provided that the following
requirements are satisfied:
(1) Notice shall be prominently posted on the real property from which the
vehicle /vessel is proposed to be removed or immobilized and shall fulfill the following
requirements:
(i) A light reflective sign shall be prominently placed at each driveway
access /entrance or curb cut allowing vehicular access to the real property, within
five (5) feet from the public right -of -way line. If there are no curbs or access
barriers, the signs shall be posted not less than one (1) sign for each twenty -five
(25) feet of lot frontage. The sign shall be permanently installed not less than four
(4) feet and not more than six (6) feet above ground level and shall be
continuously maintained on the real property for not less than twenty -four (24)
hours prior to the towing, immobilization or removal of any vehicle /vessel(s).
17
Words strtek t4ough are deleted and words underlined are added.
lip
(ii) The light reflective sign shall clearly display in not less than two -inch high
letters on a contrasting background, the words "UNAUTHORIZED VEHICLES
WILL BE TOWED AWAY AT THE OWNER'S EXPENSE." The words
"TOW -AWAY ZONE" must be included on the light reflective sign in not less
that four -inch high letters on a contrasting background. If the property'owner has
authorized the immobilization of vehicles the sign shall read "UNAUTHORIZED
VEHICLES WILL BE TOWED AWAY OR IMMOBILIZED AT THE
OWNER'S EXPENSE."
(iii) The light reflective sign shall clearly indicate, in not less that two -inch
high letters on a contrasting background, the days of the week, and hours of the
day during which vehicles /vessels will be immobilized or towed end
away at the owner's expense; and the name, address and current telephone number
of the tow truck or immobilization company performing the towing or
immobilization service.
(2) Light reflective signs must be maintained or replaced so that they are clearly
visible, legible and light reflective at all times. The real property owner is responsible for
providing, maintaining, replacing, and removing signs, as necessary. Failing to provide,
maintain, replace and/or remove the signs in accordance with this section is a violation of
this article.
(3) Startup: All new private property towing or immobilization contracts must
comply with the light reflective sign requirements beginning three (3) months after the
effective date of this article. All other "Tow Away" signs for previously existing
contracts must comply with these requirements, as signs are replaced, but no later than
three (3) years after enactment of this article.
(4) The posting of notice requirements of this section shall not be required where:
18
Words strue thr-eug are deleted and words underlined are added.
17H
(i) The real property on which a vehicle is parked is property appurtenant to
and obviously part of a single - family type residence; or
(ii) Written notice is personally given to the vehicle /vessel owner or
authorized driver /agent that the real property on which the vehicle /vessel is or will
be parked is reserved or otherwise not available for unauthorized vehicles /vessels
and is subject to being removed or immobilized at the vehicle owner's expense.
(b) When any real property owner instructs a vehicle /vessel to be recovered,
towed, immobilized or removed from his or her property and stored, she/he or a
designated representative authorizing the tow or immobilization shall sign their name and
print their driver's license number on the tow /immobilization ticket and include a vehicle
condition report and a visual inventory list thereon. Companies that do not remove the
vehicle from its location and are only providing immobilization services are not required
to include an inventory of the contents of the vehicle /vessel Immediately upon request,
and without demanding compensation, the real property owner shall inform the vehicle
owner or other authorized person in control of the vehicle /vessel of the name and address
of the tow truck or immobilization company that has recovered, towed, immobilized or
removed the vehicle /vessel.
(c) If the vehicle /vessel owner or authorized driver /agent arrives at the scene
prior to the vehicle /vessel being removed, immobilized or towed from the property, the
vehicle /vessel shall be disconnected from the tow truck or the immobilization device
shall be removed and the vehicle /vessel owner or authorized driver /agent shall be allowed
to remove the vehicle /vessel without interference upon the payment of a reasonable
service fee of not more that one -half (1/2) of the posted rate for such towing service (drop
charge), for which a receipt shall be given, unless that person refuses to remove the
vehicle /vessel, which is unlawfully parked. In the case of an immobilized vehicle, the
drop charge would be one -half of the established fee. No service fee shall be demanded
or paid if the vehicle was in the process of being immobilized but not yet connected to the
19
Words stfuek thfeugk are deleted and words underlined are added.
174
immobilization device. The bill /invoice must be presented to the vehicle /vessel owner
authorized/driver /agent prior to request for the payment. In the event the owner /driver of
the vehicle /vessel is occupying the vehicle /vessel and refuses to vacate same, in addition
to the drop charge, a tow truck company /driver is permitted to charge extra time at the
scene where law enforcement involvement is necessary and the tow truck driver obtains
the name of the law enforcement agency, case number of the law enforcement agency and
the name and badge number of the investigating law enforcement officer. The tow truck
driver shall also prepare detailed documentation/explanation as to why "extra time at
scene" charges were required. All documentation shall be provided to the vehicle /vessel
owner or authorized agent upon demand.
Section Five:
Section Seven of the Ordinance is hereby amended to read as follows:
Tow truck/Immobilization company requirements.
(a) Tow truck companies providing services pursuant to this article
shall not do so when there is a person or animal occupying the vehicle /vessel.
(b) Tow truck companies providing services pursuant to this article shall transport the
vehicle /vessel directly to the storage facility of the tow truck company providing the service, or
to such other location as a law enforcement officer authorizing the tow may expressly direct, and
shall not keep the vehicle /vessel in any temporary holding area.
(c) Tow truck or immobilization companies providing services pursuant to this article
shall keep on file complete records of all current rates charged for the recovery, towing,
immobilization or removal of vehicles /vessels and storage provided in connection therewith.
Tow truck companies shall also display prominently at each storage facility the following
information: signage which identifies the name of the towing company, a schedule of all charges
and rates for removal of vehicles /vessels for private property impounds and/or the removal of
20
Words stfuek dwough are deleted and words underlined are added.
immobilization devices, a statement that the rates do not exceed the rates established and 17H
authorized pursuant to this article and the rights afforded to a vehicle /vessel owner or authorized
driver /agent pursuant to state statutes. The above information shall be posted prominently in the
area designated by such tow truck companies to transact business. During business hours, such
area shall provide shelter, safety, and lighting adequate for the vehicle /vessel owner or authorized
driver /agent to read the posted rate schedule. Further, notice shall be posted advising the
vehicle /vessel owner or authorized driver /agent of the right to request and review a complete
schedule of charges and rates for towing or immobilization services for the jurisdiction in which
the law enforcement order to tow was made.
(d) Tow truck ef immebilizatie companies shall provide signage on the property
clearly visible from the street (unless otherwise prohibited by local zoning laws) with at least
three -inch letters on a contrasting background with the name and phone number of the tow truck
company.
(e) Tow truck or immobilization companies providing services pursuant to this article
shall advise any vehicle /vessel owner or authorized driver /agent who calls by telephone prior to
arriving at the storage facility or, in the case of immobilized vehicles, the immobilized vehicle's
location, of the following:
(i) Each and every document or other item which must be produced to
retrieve the vehicle /vessel;
(ii) The exact charges as of the time of the telephone call, and the rate at
which charges accumulate after the call;
(iii) The acceptable methods of payment; and
(iv) The hours and days the tow truck company's storage facility is open for
regular business.
(fl Tow truck or immobilization companies providing services pursuant to this article
shall allow every vehicle /vessel owner or authorized driver /agent to inspect the interior and
exterior of the towed/immobilized vehicle /vessel upon his or her arrival at the storage facility or
21
Words s4tek OtFetth are deleted and words underlined are added.
17H
at the immobilized vehicle's location before payment of any charges. In the case of
immobilization companies the immobilization device does not have to be removed until after
payment is rendered. With the exception of vehicles /vessels being held pursuant to the specific
request or "hold order" of a law enforcement agency, the vehicle owner or authorized
driver /agent shall be permitted to remove the vehicle license tag and any and all personal
property inside but not affixed to the vehicle /vessel.
(g) Companies providing services pursuant to this article shall not store or impound a
towed vehicle /vessel at a distance which exceeds a ten -mile radius of the location within Collier
County from which the vehicle /vessel was recovered, towed or removed unless no towing
company providing services under this section is located within a ten -mile radius, in which case a
towed or removed vehicle /vessel must be stored at a site within twenty (20) miles of the point of
removal within Collier County.
(h) Tow truck companies providing services pursuant to this article shall maintain one
(l) or more storage facilities and shall maintain a current county occupational license and shall
be open for the purpose of redemption of vehicles /vessels by owners or authorized drivers /agents
on any day that the tow truck company is open for towing purposes from at least 8:00 a.m. to
6:00 p.m., Monday through Friday and, when closed, shall have posted prominently on the
exterior of the storage facility and place of business, if different, a notice indicating a telephone
number where the tow truck company can be reached at all times. Upon request of the
vehicle /vessel owner or authorized driver /agent, the tow truck company shall release the
vehicle /vessel to the vehicle /vessel owner or authorized driver /agent within one (1) hour.
(i) Tow truck or immobilization companies shall not, as a condition of release of the
vehicle /vessel, require a vehicle /vessel owner or authorized driver /agent to sign any release or
waiver of any kind which would release the tow truck or immobilization company from liability
for damages noted by the vehicle /vessel owner or authorized driver /agent at the time of the
vehicle /vessel's release. A detailed, signed receipt showing the legal name of the tow truck or
22
Words stnask -hreugh are deleted and words underlined are added.
17H
immobilization pelf company removing or immobilizing the vehicle /vessel shall be given to the
vehicle owner or authorized driver /agent at the time of payment, where whether requested or not.
0) Tow truck companies providing services pursuant to this article
shall post a notice clearly visible to the vehicle /vessel owner or authorized driver /agent seeking
to recover his/her towed vehicle /vessel, to have an inunebilizatien deviee remewd that if the
owner or authorized driver /agent believes he /she is being overcharged for a non - consent tow or
ifamebilizati , he /she has the right to post a cash or surety bond (or other adequate security
equal to the amount of the charges for towing or storage) for the disputed amount with the circuit
court to obtain release of the vehicle /vessel. Upon the posting of the bond as set forth in Section
713.78, Florida Statutes, and payment of the applicable fee set forth in Section 28.24, Florida
Statutes, the clerk of the court shall issue a certificate notifying the lienor of the posting of the
bond and directing the lienor to release the vehicle or vessel. The towing company is obligated
to release the vehicle upon a showing of proof of the bond.
(lk) Tow truck companies operating in Collier County shall carry an
insurance policy or policies or certificates of insurance that shall indemnify /insure such company
for its liability, at a minimum, as follows:
(i) Auto liability for each tow truck:
1. $300,000 combined single limit for Class A —Light Duty tow trucks used
exclusively for private property impounds.
2. $500,000 combined single limits for all other tow trucks.
(ii) General /garage liability:
1. $300,000 combined single limit for tow truck operators performing only
private property impounds.
2. $500,000 combined single limit for all other tow truck operators.
23
Words stmekweugh are deleted and words underlined are added.
17H
(iii) Garage keeper's liability: $50,000.00 for any one vehicle and $100,000 per
(iv) $50,000 on -hook cargo liability coverage for each vehicle.
(v) Workers' Compensation coverage as required by state law.
All insurance policies shall be issued by insurance companies authorized and qualified to do
business in the State of Florida. Notwithstanding the minimum insurance coverage amounts
required herein, the Collier County Sheriff may require higher coverage limits as a condition of
eligibility for working law enforcement rotation calls. To the extent that State law requires
greater liability coverage amounts than those stated herein, the greater amounts required by State
law shall control.
(fn1) Immobilization companies shall carry an insurance policy or policies or
certificates of insurance that shall indemnifv /insure such company for its liability in an amount of
no less than $20,000.00 and for Workers' Compensation coverage as required by State law. All
insurance policies shall be issued by insurance companies authorized and qualified to do business
in Florida. To the extent that state law requires greater liability coverage amounts than those
stated herein, the greater amounts required by State law shall control The insurance shall be
kept in full force and effect by the certificate holder at all times the immobilization company is
conducting business.
(nm) The following additional provisions shall apply to the immobilization of
vehicles /vessels on private property:
(i) Prior to immobilizing a vehicle for a first time "incidental" parking violation
(incidental being defined as when a vehicle /vessel is parked such that it intrudes upon
an area in violation of the private property's rules at a distance of less than 6 inches)
the immobilizing company shall first post a legible printed warning notice on the
driver's side window of the vehicle /vessel in a highly visible color, noting the time
that the warning was posted and stating that the vehicle /vessel is parked in violation
of the private property's rules and that if the vehicle is not relocated to a proper
24
Words stfusk tiffe are deleted and words underlined are added.
17y
parking spot within six (6) hours of the issuance of the warning the vehicle /vessel
will be immobilized. The immobilization company shall keep records of the time of
issuance of the warning notice for a minimum period of one (1) year.
(ii) Lease, rental, or property owners' association documents shall contain a notice
provision indicating that the residential property utilizes vehicle /vessel
immobilization. In the case of pLoj2erties with existing leases rental agreements or
property owners' associations documents it shall be sufficient to notify by egular
mail, at the last known address, each of the tenants /owners of the property prior to
the initiation of vehicle immobilization. All new leases rental aZzreements or
property owners' association documents shall contain the provision ivin notice
that the property owner intends to utilize vehicle immobilization and a complete and
specifically detailed list of rules that if violated will result in vehicle
immobilization. A copy of those provisions must be posted in the rental office
and/or a common area. A copy of those provisions must also be maintained on file
in each immobilization service vehicle involved in vehicle immobilization.
(iii) Companies providing immobilization services shall accept payment to release
vehicles /vessels in the form of cash, bank debit card and major credit cards
Section Six:
Section Eight of the Ordinance is hereby amended to read as follows:
Penalties, enforcement and scope of article.
(a) Each violation of this article shall be subject to the maximum fine and/or other
penalties as then specified in the law under which that enforcement action is based, including
Section 125.69, Florida Statutes; Part II of Chapter 162, Florida Statutes; as if a misdemeanor
under Section 775.0823, Florida Statutes; or pursuant to any other provisions of law incorporated
25
Words stusk t4eugh are deleted and words underlined are added.
17y
by reference into section 1 -6 of Collier County's Code of Laws and Ordinances on the date of the
violation.
(b) Notwithstanding imposition any other penalty or penalties by the county or by any
other entity, three or more separate incidents involving violations of this ordinance, committed
by the same towing or immobilization company within a 365 day time period, is a per se
sufficient basis for forfeiture of that towing or immobilization company's and/or storage
company's Collier County occupational license for a period of sixty (60) days.
(c) This article shall not apply to the towing/immobilization of a vehicle /vessel that
occurs with the consent of the vehicle /vessel's owner or operator.
(d) Violations of the provisions of this Ordinance shall be enforced by the Collier
County Sheriff.
(e) Nothing in this article shall prevent the Collier County Sheriff from providing
additional or more restrictive requirements in contracts or arrangements which authorize the
recovery, towing or removal of vehicles /vessels or storage provided in connection therewith
Section Seven: Inclusion in the Code of Laws and Ordinances.
The provisions of this ordinance shall become and be made a part of the Code of Laws
and Ordinances of Collier County, Florida. The sections of the ordinance may be renumbered or
re- lettered to accomplish such, and the word "ordinance" may be changed to "section,"
or any other appropriate word.
Section Eight: Conflict and severability.
In the event this ordinance conflicts with any other Ordinance of Collier County or other
applicable law, the more restrictive shall apply. If any phrase or portion of the ordinance is held
invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a
26
Words stmek dwough are deleted and words underlined are added.
1?p
separate, distinct and independent provision and such holding shall not affect the validity of the
remaining portion.
Section Nine: Effective Date.
This ordinance shall take effect upon filing with the Florida Department of State.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida this 27th day of July, 2010.
ATTEST:
DWIGHT E. BROCK, CLERK
DEPUTY CLERK
Approved as to form and
legal sufficiency:
Scott R. Teach
Deputy County Attorney
BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA
27
FRED W. COYLE, CHAIRMAN
Words stfuek4hreugh are deleted and words underlined are added.
Icy
Acct. #068784
July 13, 2010
Attn: Legals
Naples News Media Group
1100 Immokalee Road
Naples, Florida 34110
Re: Ordinance Amending Ordinance 2008 -47 (Tow Truck)
Dear Legals:
Please advertise the above referenced notice on Friday, July 16, 2010, and kindly
send the Affidavit of Publication, in duplicate, together with charges involved to
this office.
Thank you.
Sincerely,
Martha Vergara,
Deputy Clerk
P900 #4500113518
NOTICE OF INTENT TO CONSIDER ORDINANCE
Notice is hereby given that on July 27,
Floor, Administration Building, Collier
East Tamiami Trail, Naples, Florida, th,
will consider the enactment of a County
commence at 9:00 A.M. The title of the
follows:
Icy
2010 in the Boardroom, 3rd
County Government Center, 3301
Board of County Commissioners
Ordinance. The meeting will
proposed Ordinance is as
AN ORDINANCE OF BOARD OF COLLIER COUNTY COMMISSIONERS OF COLLIER
COUNTY, FLORIDA, AMENDING ORDINANCE NUMBER 08 -47, AS AMENDED,
WHICH REGULATES NON - CONSENT LAW ENFORCEMENT TOWING, PRIVATE
PROPERTY TOWING, IMMOBILIZATION, AND STORAGE OF VEHICLES, BY
PROVIDING FOR AMENDMENTS TO THE FOLLOWING SECTIONS: DEFINITIONS;
MAXIMUM TOWING STORAGE, AND RELATED RATES PERTAINING TO NON -
CONSENT TOW SERVICES, AS WELL AS PRIVATE PROPERTY TOWING, AND
IMPOUND AND IMMOBILIZATION; TOWING OR IMMOBILIZATION WITH PRIOR
EXPRESS INSTRUCTION OF REAL PROPERTY OWNER OR AUTHORIZED AGENT
AND /OR LAW ENFORCEMENT AGENCY; NOTICE REQUIREMENTS FOR REMOVING
AND IMMOBILIZING VEHICLES /VESSELS FROM AND ON PRIVATE REAL
PROPERTY; TOW TRUCK /IMMOBILIZATION COMPANY REQUIREMENTS;
PENALTIES, ENFORCEMENT AND SCOPE OF ARTICLE; AND PROVIDING FOR
INCLUSION IN THE CODE OF LAWS AND ORDINANCES, PROVIDING FOR
CONFLICT AND SEVERABILITY, AND PROVIDING FOR AN EFFECTIVE DATE.
Copies of the proposed Ordinance are on file with the Clerk to the
Board and are available for inspection. All interested parties are
invited to attend and be heard.
NOTE: All persons wishing to speak on any agenda item must register
with the County administrator prior to presentation of the agenda item
to be addressed. Individual speakers will be limited to 3 minutes on
any item. The selection of an individual to speak on behalf of an
organization or group is encouraged. If recognized by the Chairman, a
spokesperson for a group or organization may be allotted 10 minutes to
speak on an item.
Persons wishing to have written or graphic materials included in the
Board agenda packets must submit said material a minimum of 3 weeks
prior to the respective public hearing. In any case, written
materials intended to be considered by the Board shall be submitted to
the appropriate County staff a minimum of seven days prior to the
public hearing. All material used in presentations before the Board
will become a permanent part of the record.
17H
Any person who decides to appeal a decision of the Board will need a
record of the proceedings pertaining thereto and therefore, may need
to ensure that a verbatim record of the proceedings is made, which
record includes the testimony and evidence upon which the appeal is
based.
If you are a person with a disability who needs any accommodation in
order to participate in this proceeding, you are entitled, at no cost
to you, to the provision of certain assistance. Please contact the
Collier County Facilities Management Department, located at 3301
Tamiami Trail East, Building W, Naples, Florida 34112, (239) 252 -8380.
Assisted listening devices for the hearing impaired are available in
the County Commissioners, Office.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
FRED COYLE, CHAIRMAN
DWIGHT E. BROCK, CLERK
By: Martha Vergara, Deputy Clerk
Martha S. Vergara I?L
From: Tobar, Irma [ITobar @Naplesnews.com)
Sent: Tuesday, July 13, 2010 10:15 AM
To: Martha S. Vergara
Subject: Ordinance Amending Ordinance 2008 -47 (Tow Truck)
Ok
Legals,
Please advertise the following attached ad on Friday, July 16, 2010.
Send an ok when you receive.
Thanks,
Martha Vergara, Deputy Clerk
Minutes and Records Dept.
Clerk of the Circuit Court
and Value Adjustment Board
Office: (239) 252 -7240
Fax: (239) 252 -8408
E -mail: martha.vergara@collierclerk.com
Please visit us on the web at www.collierclerk.com
This electronic communication is confidential and may contain privileged information intended solely for the named addressee(s). It may not
be used or disclosed except for the purpose for which it has been sent. If you are not the intended recipient, you must not copy, distribute or
take any action induced by or in reliance on information contained in this message.
Unless expressly stated, opinions in this message are those of the individual sender and not of the Office of the Clerk of the Circuit Court of
Collier County. If you have received this communication in error, please notify the Clerk's Office by emailing helpdesk(dcollierclerk.com
quoting the sender and delete the message and any attached documents. The Collier County Clerk's Office accepts no liability or responsibility
for any onward transmission or use of emails and attachments having left the CollierClerk.com domain.
Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to
a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing.
17H
OS--q q ) -Tow Lk� 0 rdxrs� -,- EF
ORD -1-N A hi-CE, PETS«i�?N CRDMAW 21 E, ti
t a *.....
FRED COYLE, CHAIRMAN
pM�lgq CIO* .
-- �_— �-- •++- +r�.Ww1..�...M.....�� testae$.
NAPLES DAILY NEWS
Published Daily
Naples, FL 34110
Affidavit of Publication
State of Florida
Counties of Collier and Lee
Before the undersigned they serve as the authority, personally
appeared Tracy Reeve, who on oath says that she serves
as the Senior Accountant of the Naples Daily News,
a daily newspaper published at Naples, in Collier County,
Florida; distributed in Collier and Lee counties of Florida;
that the attached copy of the advertising, being a
PUBLIC NOTICE
in the matter of PUBLIC NOTICE
was published in said newspaper 1 time in the issue
on July 16, 2010
Affiant further says that the said Naples Daily News is a newspaper
published at Naples, in said Collier County, Florida, and that the said
newspaper has heretofore been continuously published in said Collier
County, Florida; distributed in Collier and Lee counties of Florida,
each day and has been entered as second class mail matter at the post
office in Naples, in said Collier County, Florida, for a period of I
year next preceding the first publication of the attached copy of
advertisement; and affiant further says that he has neither paid nor
promised any person, firm or corporation any discount, rebate,
commission or refund for the purpose of securing this advertisement for
publication in the said newspaper.
( Signature of ant)
Sworn to and subscribed before me
This 19th day of July, 2010
V'n"j - f. V-0015M -
(Signature of notary public)
�pv V•�
,. ""Vty P '1,
KAROL E KANGAS
Notary Public - State of Florida
.f-
My Cotnm. Expires Jul 29, 2013
Commission # DD 912237
Icy
FRED COYLE, CHAIRMAN
E, ARK
�Aar,Sha V"�i[gara, Osputy Clams
n
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SL17H
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The completed routing slip and original
documents are to be forwarded to the Board Office only after the Board has taken action on the item.)
ROUTING SLIP
Complete routing lines # I through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the
a .i " 4 0 Chn;.,,,a.,'� i—t'— dlr a fine thrnngh rnnting lines #1 through 44 comnlete the checklist. and forward to Sue Filson (line #5).
�,. ..... _.. - - - - - - --- - -
Route to Addressee(s)
(List in routing order
-
Office
Initials
Date
1.
(Initial )
Applicable)
2.
July 28, 2010
Agenda Item Number
17H
3.
Chairman, with the exception of most letters, must be reviewed and signed by the Office of the
4 Scott R. Teach, Deputy County Attorney
County Attorney Office
Number of Original
07/28/10
5 Ian Mitchell, BCC Supervisor
Board of County Commissioners
I Documents Attached
2$ to
6. Minutes and Records
Clerk of Court's Office
PRIMARY CONTACT INFORMATION
(The primary contact is the holder of the original document pending BCC approval. Normally the primary contact is the person who created /prepared the executive
summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing
information. All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the
item 1
Name of Primary Staff
Scott R. Teach
Phone Number
(239) 252 -8400
Contact
(Initial )
Applicable)
Agenda Date Item was
July 28, 2010
Agenda Item Number
17H
Approved by the BCC
Chairman, with the exception of most letters, must be reviewed and signed by the Office of the
Type of Document
Resolution and Ordina e - Towing
Number of Original
1 of each
Attached
i
17H A
MEMORANDUM
Date: August 13, 2010
To: Scott Teach, Deputy County Attorney
County Attorney's Office
From: Ann Jennejohn, Deputy Clerk
Minutes & Records Department
Re: Validated Ordinance 2010 -30: Amends Ordinance
2008 -47; governing the towing, storage and vehicle
immobilization (Companion Resolution 2010 -144)
Attached, for your records, is a copy of the ordinance referenced above
(Item #1711) adopted by the Board of County Commissioners July 27, 2010.
The Minutes and Record's Department will hold the original document in the
Official Record's of the Board.
If you have any questions, please contact me in the Minutes and Records
Department at 252 -8406.
Thank you.
Attachment
17H
MEMORANDUM
DATE: August 13, 2010
TO: Ian Mitchell, BCC Manager
Board of County Commissioners
FROM: Ann Jennej ohn, Deputy Clerk
Minutes & Records Department
RE: Ordinance 2010 -30: Amending 2008 -47 that governs
towing, storage and the immobilization of vehicles and the
companion Resolution 2010 -144 (vehicle immobilization rates)
Attached for your records, is a copy of the document referenced above, (Item #17H)
adopted by the Board of County Commissioners on Tuesday, July 27, 2010.
The Minutes and Record's Department will hold the original ordinance in the
Official Record's of the Board.
If you have any questions, please feel free to call me at 252 -8406.
Thank you.
Attachment
17H
MEMORANDUM
DATE: August 12, 2010
TO: Ernie Kerskie, Director of Mapping
Property Appraiser's Office
FROM: Ann Jennejohn, Deputy Clerk
Minutes & Records Department
RE: Validated Ordinance 2010 -30: Amending Ordinance 2008 -47
that governs towing, storage and immobilization of vehicles and
a companion Resolution that increases the vehicle immobilization rate
Attached for your records, is a copy of the document referenced above,
Adopted by the Board of County Commissioners on Tuesday, July 27, 2010.
If you have any questions, please feel free to call me at 252 -8406.
Thank you.
Attachment
17H '
ORDINANCE NO. 2010- 3 0
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NUMBER
08 -47, AS AMENDED, WHICH REGULATES NON - CONSENT LAW
ENFORCEMENT TOWING, PRIVATE PROPERTY TOWING,
IMMOBILIZATION, AND STORAGE OF VEHICLES, BY PROVIDING
FOR AMENDMENTS TO THE FOLLOWING SECTIONS:
DEFINITIONS; MAXIMUM TOWING STORAGE, AND RELATED
RATES PERTAINING TO NON - CONSENT TOW SERVICES, AS WELL
AS PRIVATE PROPERTY TOWING, AND IMPOUND AND
IMMOBILIZATION; TOWING OR IMMOBILIZATION WITH PRIOR
EXPRESS INSTRUCTION OF REAL PROPERTY OWNER OR
AUTHORIZED AGENT AND /OR LAW ENFORCEMENT AGENCY;
NOTICE REQUIREMENTS FOR REMOVING AND IMMOBILIZING
VEHICLES/VESSELS FROM AND ON PRIVATE REAL PROPERTY;
TOW TRUCK/IMMOBILIZATION COMPANY REQUIREMENTS;
PENALTIES, ENFORCEMENT AND SCOPE OF ARTICLE; AND
PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND
ORDINANCES, PROVIDING FOR CONFLICT AND SEVERABILITY,
AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Board of Commissioners desires to amend Ordinance No. 2008 -47, as
amended, to provide additional regulations for the operation of companies utilizing
immobilization devices on vehicles within Collier County, Florida; and
WHEREAS, the Board of County Commissioners believes that the regulations proposed
in this amended Ordinance promote and enhance the health, safety and welfare of its citizens; and
WHEREAS, on July 27, 2010, the Board of County Commissioners approved amending
those sections of Ordinance No. 2008 -47, as amended, as set forth below.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that Collier County Ordinance
No. 2008 -47, as amended, is hereby further amended to read as follows:
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Section One:
Section Two of the Ordinance is hereby amended to read as follows:
Definitions.
Section Two, Definitions, is hereby amended to read as follows:
In case of ambiguity, subsection 1.01(15), Florida Statutes, can be referred to construe the
intent of this article. As used in this article, the respective word or phrase means:
Accident scene means the place where the vehicle /vessel is located immediately following
an accident that damaged that vehicle /vessel, preventing safe operation.
Administrative /lien fee shall mean the fee that is charged by a towing company for title
records, conducting a lien search, advertising costs, and certified mail notification to the
lienholder, owner and all persons with a vested interest in the vehicle of the whereabouts and
charges against a vehicle or vessel as required by § 713.78, Florida Statutes.
Authorized person (for a vehicle /vessel) means any individual who at the time a decision
to select a towing company is made, has lawful, actual or constructive physical possession or
custody of that vehicle /vessel, including, prioritized in this descending order: registered owner
or co -owner of the vehicle /vessel, operator of the vehicle /vessel, bailee of the vehicle /vessel, or
licensed passenger who is then 16 years of age or older, or insurance company authorized by the
owner or co -owner of a vehicle /vessel.
Authorized agent (for a property) means any agent or authorized agent for a property
owner who has written authority to sign for an absentee owner or association board for the
removal of a vehicle or vessel parked on real private property.
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Authorized wrecker operator means a wrecker operator who is then designated as part of
the wrecker operator system established by the governmental unit that then has jurisdiction over
the scene of a wrecked or disabled vehicle (including, when applicable, the Division of Florida
Highway Patrol), where the governmental unit /law enforcement officer has determined necessary
the removal of a vehicle /vessel by rotation wrecker.
Commercial Motor Vehicle is defined as follows: Any motor vehicle or motor vehicle
combination used on the streets or highways, which: (a) has a gross vehicle weight of 26,001
pounds or more, or has three or more axles regardless of weight, or is used in combination when
the weight of such combination exceeds 26,001 pounds gross vehicle weigh; (b) is designed to
transport more than 15 persons, including the driver; or (c) is transporting hazardous materials
and is required to be placarded in accordance with Title 49 C.F.R. part 172, Subpart F.
Disabled means a vehicle /vessel that cannot be moved by its own power because the
physical condition of the towed vehicle /vessel, including from non -use, lack of fuel, mechanical
malfunction or because such movement, except by being towed, would otherwise be illegal or
violate a private rule.
Extra time at scene shall mean any extra time beyond one -half (1/2) hour at an accident
scene, needed to safely remove a vehicle /vessel and shall also include the amount of time spent at
a scene when a tow truck has been summoned and is on scene but unable to proceed through no
fault of the tow truck operator. All extra billable time shall be documented by the tow truck
operator and shall include the following information: (1) the name of the law enforcement
agency, (2) the law enforcement agency case number, (3) a detailed description of the reason for
the extra time required to remain at the accident scene, and (4) the officer's name badge number.
The documentation shall also include a detailed explanation of the services rendered which
necessitated the additional charges. Extra time on scene shall be charged in fifteen - minute
increments.
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Gross Weight shall mean the weight of a tow truck in pounds plus the weight of the
vehicle(s) /vessel(s) or other machinery and the contents being towed.
Incapacitated means any person who is then physically or legally unable to operate the
towed vehicle /vessel at that time of the rotation request made by law enforcement because of that
person's physical condition, including sickness, injury, being under the influence of alcohol or
controlled substance, being under arrest, being detained, revocation or suspension of that
person's operator's license or permit, or any other condition that the jurisdictional law
enforcement officer determines is justification to call a wrecker off of rotation.
Immobilization Device means any device attached to a vehicle which is designed to
prevent the vehicle from being operated.
Immobilization means the utilization of a "boot" or other meehanism Immobilization
Device whie that causes a vehicle to be immobile or otherwise renders a vehicle immobile or
inoperable.
Immobilization Company means the private partnership, corporation or other privately
owned business entity, including sole proprietor, engaged in the immobilization of vehicles,
including the utilization of a "boot" or other meehanism Immobilization Device whieh that
causes a vehicle to be immobile or otherwise renders a vehicle immobile or inoperable.
Law means all applicable ordinances, Florida Statutes, United States Statutes and Codes,
special acts, or any applicable lawful rules and regulations enacted, promulgated, or adopted by
any governmental entity or any agency or subdivision thereof.
Law Enforcement Officer means every officer (full or part-time) as then defined by
federal law or by Florida Statute, including subsection 112.531(1), any subsection of
316.1906(1)(d)(1) (3) inclusive; or subsection 9443.10(1), (6) or (8).
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Law Enforcement Tow shall mean any tow authorized by any jurisdictional law
enforcement officer where an authorized wrecker operator is dispatched off of the wrecker
rotation system (a non - consent tow).
Light reflective sign shall mean an eighteen -inch wide by twenty -four inch high sign
made of aluminum (at least 0.040 thickness) or fiber reinforced plastic (at least 0.090 thickness).
The entire background surface and all lettering must at a minimum be type 1 engineered grade
sheeting (ASTM D4956 -01). The letters may be screen printed on the type 1 sheeting using a
compatible transparent ink so that the retroreflective is maintained and visible.
Mileage charge shall mean allowable charges for miles from the location of the company
storage yard to the location of an accident scene or scene of a rotation call authorized by a
jurisdictional law enforcement agent. Mileage charges are not reimbursable for private property
towing.
Non - consent towing means the recovery, towing, removal and storage of a vehicle /vessel
without authorization of the vehicle /vessel owner or authorized driver and shall include both
"Law Enforcement Officer Tows" and "Private Property Impounds /Tows" as defined herein.
Operator shall mean any person who provides the services of recovering, towing, or
removing vehicles /vessels and any vehicle /vessel storage services associated therewith and
includes without distinction the owning of a towing firm and the driver of a tow truck.
Person shall mean any natural person, firm, partnership, association, corporation or other
entity of any kind whatsoever.
Private property means all real property not owned by, leased to, or similarly controlled
by a governmental entity, including private roads.
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Private property impound or tow shall mean towing or removal of a vehicle /vessel
without the consent of the vehicle's owner or authorized driver when that vehicle /vessel is
parked on real property, as authorized by F.S. § 715.07, as may be amended, when the authorized
agent for the property or the owner of the property has requested removal of the vehicle /vessel.
Private rule means restrictive covenant, deed restriction, parking ticket restriction, and
any other private rule or regulation that prohibits that type of vehicle /vessel from being at or on
that private property at that time, and towing or immobilizing that vehicle /vessel from that
property is then allowed by law.
Real property owner shall mean that person who exercises dominion and control over real
private property, including but not limited to, the legal titleholder, lessee, designated
representative of a condominium or homeowner's association or any person authorized to
exercise or share dominion and control over real property; provided, however, that "real property
owner" shall not mean or include a person providing towing services within the purview of this
article.
Recover shall mean to take possession of a vehicle /vessel and its contents and to exercise
control, supervision and responsibility over it; including removal of vehicles from a canal or
other body of water, wooded area, or any other unpaved area.
Remove shall mean the removal of a vehicle /vessel from a canal or other body of water, a
wooded area not readily accessible to a roadway (i.e., within a standard cable length) or when a
vehicle /vessel is buried. This includes towing, winching, skating, using go jacks, or any other
method employed by towing companies.
Road means alley, court, drive, driveway, highway, interstate highway, lane, parking lot,
street, or any other substantially similar place, public or private.
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Scene means a physical location from where a vehicle is towed following response
thereto by a law enforcement officer, including with regard to an impounded vehicle /vessel or an
abandoned vehicle /vessel.
Storage means retaining actual physical possession of a vehicle /vessel at a private storage
facility anywhere in Florida, for consideration, including storage at such a private storage facility
by or on behalf of a governmental entity or agency of any subdivision thereof. Storage shall
further mean to place and leave a towed vehicle /vessel at a location where the person providing
the towing services exercises control, supervision and responsibility over the vehicle /vessel.
Storage facility shall mean the location where towed vehicle /vessels are stored.
Tow shall mean to haul, draw or pull along a vehicle or vessel by means of a tow truck
(wrecker) for hire equipped with booms, car carriers, winches or similar commercially
manufactured equipment. This is usually done by transporting vehicle /vessels through a means
other than the towed vehicle /vessel's power source by pulling the vehicle /vessel behind a truck or
transporting the towed vehicle /vessel on a truck bed or other substantially similar conveying
vehicle /vessel that has four or more wheels.
Towing company means any private partnership, corporation or other privately owned
business entity, including sole proprietor, engaged in the operation of towing vehicles /vessels by
means of a tow truck slide bed, wrecker or any other form of towing apparatus designated for the
purpose of transporting motor vehicles or vessels. This definition includes any person, company,
corporation, or other entity, which engages in, owns or operates a business that provides non-
consent towing, recovery, removal and storage of vehicles /vessels for compensation.
Tow truck placard shall mean a decal or sign issued by the local government agent,
authorized jurisdictional law enforcement agency, or similar governmental body, which is placed
upon any tow truck to designate authorization to engage in non - consent tows and to allow
parking in specially designated areas authorized by the county or jurisdictional governing body.
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Unavailable means that no authorized person is physically present at the scene; or is
present, but is incapacitated. When no accident scene is involved, an authorized person is
unavailable if he or she cannot readily be contacted to be asked to decide which towing company
can tow that vehicle /vessel on that occasion.
Vehicle means a machine or other substantially similar thing designed or used to transport
one of more persons and/or property over road or land in the state of Florida, and that has two or
more wheels, and is propelled by its own engine, motor, or pulling animal(s). Vehicle includes
car, truck, trailer, semi - trailer, motorcycle, motor scooter, moped, bus, van, recreational vehicle,
all- terrain vehicle, golf cart, animal -drawn vehicle, and every other substantially similar means of
wheeled transportation.
Vessel is synonymous with boat as referenced in s. 1(b), Art. VII of the State Constitution
and includes every description of watercraft, barge, and airboat, other than a seaplane on the
water, used or capable of being used as a means of transportation on water in and around the state
of Florida.
Wrecked means a vehicle that cannot be driven away from its location because of the
physical condition of that vehicle /vessel, including from non -use.
Section Two:
Section Four of the Ordinance is hereby amended to read as follows:
Maximum towing, storage and related rates pertaining to non - consent tow services,
as well as, private property towing, impound, and immobilization.
(a) Limited to the specific towing or immobilization operation and/or storage, this
article does not limit pass - through of any additional towing, immobilization and/or storage
Words st -Fuek thfough are deleted and words underlined are added.
17H
related fees or charges required or authorized by Florida law which supersedes this article. Also,
limited to the specific towing., of immobilization eper-atien and/or storage, this article does not
affect any then existing rights of the a towing or immobilization company to recover from any
person or entity all costs actually paid for filing any form(s), taking any
legal action(s), and /or other substantially similar costs.
(b) The Board of County Commissioners shall, by resolution, establish maximum
rates for non - consent law enforcement towing, private property towing, storage, immobilization
and related services of towed vehicles /vessels, which may be amended from time to time as
follows:
(1) Towing services per call, which shall include time from arrival on scene through
the first thirty (30) minutes on scene that the tow truck is actually engaging in the
safe removal of a vehicle /vessel.
(2) A mileage charge for only law enforcement directed tows based upon the distance
from the towing business' location to the scene and back.
(3) Storage charges that shall begin six (6) hours after arrival at the towing company
location and will accrue in twenty -four (24) hour intervals starting each day
thereafter from the time of original arrival to the storage location (e.g., car towed
in for storage at 6:00 p.m., between 6:00 p.m. and 12:00 a.m. no storage charge
applies, at 12:01 a.m. charges for day one storage begins, the next day at 6:01 p.m.
the second day of storage begins), where:
(a) Law enforcement has authorized the vehicle /vessel to be impounded; or
(b) The appropriate law enforcement agency has been notified by the tow
truck company, within 30 minutes after completion of such towing or
removal, that the tow truck company is in possession of a vehicle /vessel
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resulting from a private property impound tow per Florida Statute §
715.07.
(4) Indoor storage rates may only be charged upon the express direction and written
authorization of the owner /authorized driver /agent, lien holder, insurance
company representative or investigating law enforcement agency. The only
exceptions to this rule are:
(a) When the condition of the vehicle /vessel requires indoor storage due to
inclement weather conditions or the vehicle's window(s) and/or
convertible top is down and cannot be raised and indoor storage is
necessary to protect the vehicle and its contents, or
(b) When a municipal or county jurisdiction requires indoor storage for towed
vehicles /vessels.
(5) An administrative /lien fee shall only be charged after the vehicle /vessel has been
in the storage facility for at least five (5) calendar days, and:
(a) The law enforcement agency has prepared an incident report authorizing
the vehicle /vessel to be impounded; or
(b) The law enforcement agency has been notified by the tow truck company,
within 30 minutes after completion of such towing or removal, that the
tow truck company is in possession of a vehicle /vessel resulting from a
private property impound tow per Florida Statute § 715.07; and
(c) The tow truck company must show proof that lien letter(s) have been
prepared with the appropriate names and addresses (i.e., U.S. Mail
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Certification Number, correspondence copies, etc.), thereby establishing
that fees have actually been expended.
(6) Underwater recovery performed by a certified /professional diver with the written
documentation and approval by the investigating law enforcement agency /officer
on scene.
(7) A late -hour gate fee may be applied between the hours of 6:00 p.m. to 8:00 a.m.
Monday through Friday, and 6:00 p.m. Friday to 8:00 a.m. Monday, for law
enforcement tows, when:
(a) Impounded vehicles /vessels are recovered by the owner or authorized
driver /agent during the aforementioned late -hour gate period; or
(b) The owner or authorized driver /agent wishes to recover property from the
impounded vehicle /vessel during the late -hour gate period. There shall be
no charge to any owner or authorized person wishing to remove
prescription medication and prescription eyeglasses from an impounded
vehicle /vessel. Tow truck operators may inform the owner or authorized
driver /agent of the vehicle /vessel that he /she may request that law
enforcement officer be present at the time agreed upon to recover the
property sought. If it is found that the authorized driver /agent of the
vehicle /vessel made a false request to recover prescription medication
and/or prescription eyeglasses in order to recover other items, the tow
truck operator may impose a late -hour gate fee double the rate allowed by
this ordinance.
(8) Hazardous material clean -up and disposal as required, mandated and /or licensed
through federal, state or local laws and approved by the investigating law
enforcement agency /officer.
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(9) Rates for the release of an immobilization device.
Section Three:
Section Five of the Ordinance is hereby amended to read as follows:
Towing or immobilization with prior express instruction of real property owner or
authorized agent and /or law enforcement agency.
In addition to the other requirements of this article, no tow truck company shall, for
compensation, recover, immobilize, tow, or remove a vehicle /vessel from real property, or
provide storage in connection therewith, nor shall a immobilization company immobilize a
vehicle /vessel from real propegy without the prior express instruction of the vehicle /vessel
owner or authorized driver, except in accordance with the following:
(a) Police directed tow: Tow truck companies may for compensation recover, tow or
remove a vehicle /vessel based upon a law enforcement directed tow without the prior express
instruction of the vehicle /vessel owner or authorized driver upon the prior express instruction of
a law enforcement agency and in accordance with the terms of any contracts or agreements
between the tow truck company and a governmental entity and /or law enforcement agency.
(b) Private property impound: Tow truck or immobilization companies may recover,
tow, immobilize or remove a vehicle /vessel based upon a private property impound without the
prior express instruction of the vehicle /vessel owner or authorized driver, upon the prior express
instruction of a real property owner or his authorized agent on whose property the vehicle /vessel
is disabled, abandoned or parked without authorization or whose vehicle /vessel owner or
authorized agent is unwilling or unable to remove the vehicle /vessel, provided that the
requirements of this article are satisfied. All companies providing private property towing and /or
immobilization in Collier County must have their storage facility (tow truck companies only) and
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an office located within the county. Further, any towed or removed vehicle or vessel must be
stored at a site within a 10 -mile radius of the point of removal within the county boundaries. A
person may not pay or accept money or other valuable consideration for the privilege of towing,
immobilizing or removing vehicles or vessels from a particular location as mandated by F c §
The tow truck or immobilization company recovering, towing or removing a
vehicle /vessel shall, within thirty (30) minutes of completion of such towing, immobilization or
removal, notify the appropriate law enforcement agency in which jurisdiction the vehicle /vessel
was parked of the nature of the service rendered, the name and address of the storage facility
where the vehicle /vessel will be stored or where the vehicle is immobilized, the time the vehicle
was secured to the towing vehicle /vessel or immobilized, and the make, model, color and vehicle
license plate number (if any) or registration number of the vehicle/vessel. The tow truck or
immobilization company shall obtain the name and identification number of the person at the law
enforcement agency to whom such information was reported and note that name on the trip
reeerd ticket.
For all vehicles /vessels removed or immobilized by a tow truck or immobilization
company, a private property tow or immobilization ticket shall be completed and signed by the
property owner or representative at the time of the tow or immobilization that includes that
individual's driver's license number and the following information: the year, make, model, color
and vehicle identification number, the vehicle license plate number (if any), a statement of any
visible damage to the exterior of the vehicle /vessel, and an inventory of the visible inventory of
the vehicle /vessel initialed by the real property owner or his authorized agent on whose property
the vehicle is disabled, abandoned or parked without authorization. Companies that do not
remove the vehicle from its location and are only providing immobilization services are not
required to include an inventory of the contents of the vehicle /vessel.
(c) Except as otherwise provided in this article, every prior express instruction made
in writing or in person shall indicate the date and time of the instruction and shall be signed by
the law enforcement officer with their Identification number.
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(d) Except as otherwise provided in this article, no such prior express instruction shall
be considered to have been given:
(1) By the mere posting of signage as required by this article;
(2) By virtue of the terms of any contract or agreement between a tow truck
company and a real property owner;
(3) When the prior express instruction occurs in advance of the actual
unauthorized parking of the vehicle /vessel; or
(4) Where the prior express instruction is general in nature and unrelated to
specific, individual and identifiable vehicles /vessels, which are already parked
without authorization.
(e) Each tow truck or immobilization company shall enter into a written contract with
every owner of private property that authorizes the tow truck or immobilization company to tow
or immobilize vehicles /vessels from its property. This written contract shall include the
beginning date of said contract, the names and titles of all persons (i.e., owner, property manager,
condominium president, etc.) who have the authority to appoint persons (i.e., security guard,
night watchman, onsite manager, etc.) who can authorize prior express instruction to the tow
truck or immobilization company to remove, recover, immobilize or tow any vehicle /vessel from
its property. The written contract shall also include the name and current telephone number of
the tow truck or immobilization company performing the towing or immobilization service. Any
addendum to the contract shall include additional names and titles as necessary. No such
contract shall state that the tow truck company assumes the liability for
improperly towed vehicles /vessels, contrary to F.S. § 715.07(4). The tow truck
or immobilization company must keep on file each contract and addendum (if applicable) with
the property owner. Such contract shall be maintained for at least twelve (12) months after
termination. Law enforcement officers /agencies may inspect and request a copy of any and all
such contracts from the tow truck or immobilization company during normal business hours.
The tow truck or immobilization company may not withhold production of the contract upon
demand by law enforcement officers /agencies. Failure to enter into or keep on file a contract
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with the property owner shall be a violation of this article. All contracts that were entered into
prior to the effective date of this article shall accomplish the requirements of this subsection by
entering into an addendum to the current contract within one (1) year following the enactment of
this article.
(f) Tow truck companies may not enter into a written contract with
the owner of private property that authorizes the tow truck or immebilizatie company to tow
vehicles /vessels from the real property owner's property to a storage yard where the mileage
restrictions have been exceeded contrary to F.S. § 715.07(2)(a)l, as may be amended from time
to time.
(g) Real property owners or authorized representatives shall not request the recovery,
tow, immobilization or the removal of vehicles /vessels that are reasonably identifiable from
markings or equipment as law enforcement, fire fighting, rescue squad, ambulance, or other
emergency vehicles which are marked as such or to property owned by any governmental entity.
(h) Any person who improperly causes a vehicle /vessel to be recovered, towed, or
immobilized, removed or stored shall be liable to the vehicle /vessel owner or authorized
representative for the costs of the services provided, any damages resulting from the recovery,
towing, immobilization removal or storage and attorney's fees and court costs.
(i) Except as otherwise provided in this ordinance or allowed by law, the practice of
placing a "boot" or other immobilization device on a vehicle is prohibited. When placement of
an immobilization device is allowed by law, immobilization shall occur in accordance with the
provisions of this ordinance or the provisions of any applicable statute pursuant to which a
vehicle is immobilized, as follows:
L) Only tow or immobilization companies licensed to conduct business in
Collier County and who are
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otherwise in compliance with all applicable Collier County ordinances
req i!Fnen4s may immobilize vehicles.
(2) The practice of placing a boot or other immobilization device on a vehicle
to hold for towing is strictly prohibited. No immobilized vehicle shall be towed
by a towing company until at least (6) hours have elapsed after the installation of
the immobilization device. In the event that a vehicle is lawfully booted or
otherwise immobilized and towed under this section, a separate fee for
immobilization may not be charged in addition to the towing fee; the maximum
rate shall be limited to that which may be charged for towing said vehicle as set
forth herein.
(3) When immobilization is accomplished by the placement of an
immobilization device on the vehicle, it shall be placed on the front wheel of the
driver's side of the vehicle. The immobilization device may only be placed on
any other wheel or vehicle part if placement on the driver's side front wheel is not
feasible.
(4) Immediately after a vehicle is immobilized, the person immobilizing such
vehicle, the owner of the property where the vehicle is immobilized, or an
employee or agent of such person or owner, shall affix upon each of the front
windows adjacent to the driver's and passenger's seats of such vehicle; a sticker
with aeempletel} r-emevable adhesive, measuring eight and one ha by five
eleven (8 Y4 x 5 44) inches, containing a warning that any attempt to move the
vehicle may result in damage to the vehicle and stating the name and business
address of the person who immobilized such vehicle as well as a business
telephone number that will facilitate the dispatch of personnel responsible for
removing the immobilization device. The sticker will include the Collier County
ordinance number regulating the practice. Upon payment to remove the
immobilizing device, the immobilizing company shall completely remove the
affixed sticker.
(5) Upon request of the immobilized vehicle's owner or authorized
driver /agent, and payment of any applicable fee, the tow truck or immobilization
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company shall release the immobilized vehicle to the vehicle's owner or
authorized driver /agent within one (1) hour.
Section Four:
Section Six of the Ordinance is hereby amended to read as follows:
Notice requirements for removing and immobilizing vehicles /vessels from and on
private real property.
(a) Tow truck or immobilization companies duly permitted under this article may
recover, tow, immobilize or remove a vehicle /vessel or provide storage in connection therewith
upon the prior express instruction of a real property owner or authorized agent, on whose
property the vehicle /vessel is abandoned or parked without the authorization of the owner or
other legally authorized person in control of that vehicle or vessel, provided that the following
requirements are satisfied:
(1) Notice shall be prominently posted on the real property from which the
vehicle /vessel is proposed to be removed or immobilized and shall fulfill the following
requirements:
(i) A light reflective sign shall be prominently placed at each driveway
access /entrance or curb cut allowing vehicular access to the real property, within
five (5) feet from the public right -of -way line. If there are no curbs or access
barriers, the signs shall be posted not less than one (1) sign for each twenty -five
(25) feet of lot frontage. The sign shall be permanently installed not less than four
(4) feet and not more than six (6) feet above ground level and shall be
continuously maintained on the real property for not less than twenty -four (24)
hours prior to the towing, immobilization or removal of any vehicle /vessel(s).
17
Words stfueleugk are deleted and words underlined are added.
17H '^
(ii) The light reflective sign shall clearly display in not less than two -inch high
letters on a contrasting background, the words "UNAUTHORIZED VEHICLES
WILL BE TOWED AWAY AT THE OWNER'S EXPENSE." The words
"TOW -AWAY ZONE" must be included on the light reflective sign in not less
that four -inch high letters on a contrasting background. If the property owner has
authorized the immobilization of vehicles the sign shall read "UNAUTHORIZED
VEHICLES WILL BE TOWED AWAY OR IMMOBILIZED AT THE
OWNER'S EXPENSE."
(iii) The light reflective sign shall clearly indicate, in not less that two -inch
high letters on a contrasting background, the days of the week, and hours of the
day during which vehicles /vessels will be immobilized or towed or- iffifflebili
away at the owner's expense; and the name, address and current telephone number
of the tow truck or immobilization company performing the towing or
immobilization service.
(2) Light reflective signs must be maintained or replaced so that they are clearly
visible, legible and light reflective at all times. The real property owner is responsible for
providing, maintaining, replacing, and removing signs, as necessary. Failing to provide,
maintain, replace and/or remove the signs in accordance with this section is a violation of
this article.
(3) Startup: All new private property towing or immobilization contracts must
comply with the light reflective sign requirements beginning three (3) months after the
effective date of this article. All other "Tow Away" signs for previously existing
contracts must comply with these requirements, as signs are replaced, but no later than
three (3) years after enactment of this article.
(4) The posting of notice requirements of this section shall not be required where:
18
Words stfuek dffeu are deleted and words underlined are added.
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(i) The real property on which a vehicle is parked is property appurtenant to
and obviously part of a single - family type residence; or
(ii) Written notice is personally given to the vehicle /vessel owner or
authorized driver /agent that the real property on which the vehicle /vessel is or will
be parked is reserved or otherwise not available for unauthorized vehicles /vessels
and is subject to being removed or immobilized at the vehicle owner's expense.
(b) When any real property owner instructs a vehicle /vessel to be recovered,
towed, immobilized or removed from his or her property and stored, she/he or a
designated representative authorizing the tow or immobilization shall sign their name and
print their driver's license number on the tow /immobilization ticket and include a vehicle
condition report and a visual inventory list thereon. Companies that do not remove the
vehicle from its location and are only providing immobilization services are not required
to include an inventory of the contents of the vehicle /vessel. Immediately upon request,
and without demanding compensation, the real property owner shall inform the vehicle
owner or other authorized person in control of the vehicle /vessel of the name and address
of the tow truck or immobilization company that has recovered, towed, immobilized or
removed the vehicle /vessel.
(c) If the vehicle /vessel owner or authorized driver /agent arrives at the scene
prior to the vehicle /vessel being removed, immobilized or towed from the property, the
vehicle /vessel shall be disconnected from the tow truck or the immobilization device
shall be removed and the vehicle /vessel owner or authorized driver /agent shall be allowed
to remove the vehicle /vessel without interference upon the payment of a reasonable
service fee of not more that one -half (1/2) of the posted rate for such towing service (drop
charge), for which a receipt shall be given, unless that person refuses to remove the
vehicle /vessel, which is unlawfully parked. In the case of an immobilized vehicle, the
drop charge would be one -half of the established fee. No service fee shall be demanded
or paid if the vehicle was in the process of being immobilized but not yet connected to the
19
Words stFusl,h are deleted and words underlined are added.
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immobilization device. The bill /invoice must be presented to the vehicle /vessel owner
authorized /driver /agent prior to request for the payment. In the event the owner /driver of
the vehicle /vessel is occupying the vehicle /vessel and refuses to vacate same, in addition
to the drop charge, a tow truck company /driver is permitted to charge extra time at the
scene where law enforcement involvement is necessary and the tow truck driver obtains
the name of the law enforcement agency, case number of the law enforcement agency and
the name and badge number of the investigating law enforcement officer. The tow truck
driver shall also prepare detailed documentation/explanation as to why "extra time at
scene" charges were required. All documentation shall be provided to the vehicle /vessel
owner or authorized agent upon demand.
Section Five:
Section Seven of the Ordinance is hereby amended to read as follows:
Tow truck/Immobilization company requirements.
(a) Tow truck ef iwmebilizatie companies providing services pursuant to this article
shall not do so when there is a person or animal occupying the vehicle /vessel.
(b) Tow truck companies providing services pursuant to this article shall transport the
vehicle /vessel directly to the storage facility of the tow truck company providing the service, or
to such other location as a law enforcement officer authorizing the tow may expressly direct, and
shall not keep the vehicle /vessel in any temporary holding area.
(c) Tow truck or immobilization companies providing services pursuant to this article
shall keep on file complete records of all current rates charged for the recovery, towing,
immobilization or removal of vehicles /vessels and storage provided in connection therewith.
Tow truck companies shall also display prominently at each storage facility the following
information: signage which identifies the name of the towing company, a schedule of all charges
and rates for removal of vehicles /vessels for private property impounds and /or the removal of
20
Words sly are deleted and words underlined are added.
17H
immobilization devices, a statement that the rates do not exceed the rates established and
authorized pursuant to this article and the rights afforded to a vehicle /vessel owner or authorized
driver /agent pursuant to state statutes. The above information shall be posted prominently in the
area designated by such tow truck companies to transact business. During business hours, such
area shall provide shelter, safety, and lighting adequate for the vehicle /vessel owner or authorized
driver /agent to read the posted rate schedule. Further, notice shall be posted advising the
vehicle /vessel owner or authorized driver /agent of the right to request and review a complete
schedule of charges and rates for towing or immobilization services for the jurisdiction in which
the law enforcement order to tow was made.
(d) Tow truck or immobilizatie companies shall provide signage on the property
clearly visible from the street (unless otherwise prohibited by local zoning laws) with at least
three -inch letters on a contrasting background with the name and phone number of the tow truck
company.
(e) Tow truck or immobilization companies providing services pursuant to this article
shall advise any vehicle /vessel owner or authorized driver /agent who calls by telephone prior to
arriving at the storage facility or, in the case of immobilized vehicles, the immobilized vehicle's
location, of the following:
(i) Each and every document or other item which must be produced to
retrieve the vehicle /vessel;
(ii) The exact charges as of the time of the telephone call, and the rate at
which charges accumulate after the call;
(iii) The acceptable methods of payment; and
(iv) The hours and days the tow truck company storage facility is open for
regular business.
(0 Tow truck or immobilization companies providing services pursuant to this article
shall allow every vehicle /vessel owner or authorized driver /agent to inspect the interior and
exterior of the towed /immobilized vehicle /vessel upon his or her arrival at the storage facility or
21
Words stfuek thfou gk are deleted and words underlined are added.
17H
at the immobilized vehicle's location before payment of any charges. In the case of
immobilization companies, the immobilization device does not have to be removed until after
payment is rendered. With the exception of vehicles /vessels being held pursuant to the specific
request or "hold order" of a law enforcement agency, the vehicle owner or authorized
driver /agent shall be permitted to remove the vehicle license tag and any and all personal
property inside but not affixed to the vehicle /vessel.
(g) Companies providing services pursuant to this article shall not store or impound a
towed vehicle /vessel at a distance which exceeds a ten -mile radius of the location within Collier
County from which the vehicle /vessel was recovered, towed or removed unless no towing
company providing services under this section is located within a ten -mile radius, in which case a
towed or removed vehicle /vessel must be stored at a site within twenty (20) miles of the point of
removal within Collier County.
(h) Tow truck companies providing services pursuant to this article shall maintain one
(1) or more storage facilities and shall maintain a current county occupational license and shall
be open for the purpose of redemption of vehicles /vessels by owners or authorized drivers /agents
on any day that the tow truck company is open for towing purposes from at least 8:00 a.m. to
6:00 p.m., Monday through Friday and, when closed, shall have posted prominently on the
exterior of the storage facility and place of business, if different, a notice indicating a telephone
number where the tow truck company can be reached at all times. Upon request of the
vehicle /vessel owner or authorized driver /agent, the tow truck company shall release the
vehicle /vessel to the vehicle /vessel owner or authorized driver /agent within one (1) hour.
(i) Tow truck or immobilization companies shall not, as a condition of release of the
vehicle /vessel, require a vehicle /vessel owner or authorized driver /agent to sign any release or
waiver of any kind which would release the tow truck or immobilization company from liability
for damages noted by the vehicle /vessel owner or authorized driver /agent at the time of the
vehicle /vessel's release. A detailed, signed receipt showing the legal name of the tow truck or
22
Words strusk thfou are deleted and words underlined are added.
17H
immobilization tfuek company removing or immobilizing the vehicle /vessel shall be given to the
vehicle owner or authorized driver /agent at the time of payment, Where whether requested or not.
0) Tow truck er immobilizatie companies providing services pursuant to this article
shall post a notice clearly visible to the vehicle /vessel owner or authorized driver /agent seeking
to recover his /her towed vehicle /vessel, ^r to have an ebil zatie device removed that if the
owner or authorized driver /agent believes he /she is being overcharged for a non - consent tow or
immobiliza4ion, he /she has the right to post a cash or surety bond (or other adequate security
equal to the amount of the charges for towing or storage) for the disputed amount with the circuit
court to obtain release of the vehicle /vessel. Upon the posting of the bond as set forth in Section
713.78, Florida Statutes, and payment of the applicable fee set forth in Section 28.24, Florida
Statutes, the clerk of the court shall issue a certificate notifying the lienor of the posting of the
bond and directing the lienor to release the vehicle or vessel. The towing company is obligated
to release the vehicle upon a showing of proof of the bond.
(k) Not at4iele shall prevent the Collief County Sheriff rr„ri, p e idi— g
o eMw, towing removal of , e ieles /. el s storage py- ,yide. in eonneetien therewith.
(Lk) Tow truck companies operating in Collier County shall carry an
insurance policy or policies or certificates of insurance that shall indemnify /insure such company
for its liability, at a minimum, as follows:
(i) Auto liability for each tow truck:
$300,000 combined single limit for Class A –Light Duty tow trucks used
exclusively for private property impounds.
2. $500,000 combined single limits for all other tow trucks.
(ii) General /garage liability:
1. $300,000 combined single limit for tow truck operators performing only
private property impounds.
2. $500,000 combined single limit for all other tow truck operators.
23
Words s ly -thfou are deleted and words underlined are added.
17H
(iii) Garage keeper's liability: $50,000.00 for any one vehicle and $100,000 per
occurrence.
(iv) $50,000 on -hook cargo liability coverage for each vehicle.
(v) Workers' Compensation coverage as required by state law.
All insurance policies shall be issued by insurance companies authorized and qualified to do
business in the State of Florida. Notwithstanding the minimum insurance coverage amounts
required herein, the Collier County Sheriff may require higher coverage limits as a condition of
eligibility for working law enforcement rotation calls. To the extent that State law requires
greater liability coverage amounts than those stated herein, the greater amounts required by State
law shall control.
(m1) Immobilization companies shall carry an insurance policy or policies or
certificates of insurance that shall indemnify /insure such company for its liability in an amount of
no less than $20,000.00 and for Workers' Compensation coverage as required by State law. All
insurance policies shall be issued by insurance companies authorized and qualified to do business
in Florida. To the extent that state law requires greater liability coverage amounts than those
stated herein, the greater amounts required by State law shall control. The insurance shall be
kept in full force and effect by the certificate holder at all times the immobilization company is
conducting business.
(nm) The following additional provisions shall apply to the immobilization of
vehicles /vessels on private property:
(i) Prior to immobilizing a vehicle for a first time "incidental" parking violation
(incidental being defined as when a vehicle /vessel is parked such that it intrudes upon
an area in violation of the private property's rules at a distance of less than 6 inches)
the immobilizing company shall first post a legible printed warning notice on the
driver's side window of the vehicle /vessel in a highly visible color, noting the time
that the warning posted, and stating that the vehicle /vessel is parked in violation
of the private property's rules and that if the vehicle is not relocated to a proper
24
Words stm ek thfo -" are deleted and words underlined are added.
17H
parking spot within six (6) hours of the issuance of the warning the vehicle /vessel
will be immobilized. The immobilization company shall keep records of the time of
issuance of the warning notice for a minimum period of one (1)
(ii) Lease, rental, or property owners' association documents shall contain a notice
provision indicating that the residential property utilizes vehicle /vessel
immobilization. In the case of properties with existing leases, rental agreements or
property owners' associations documents, it shall be sufficient to notify y regular
mail, at the last known address, each of the tenants /owners of the property prior to
the initiation of vehicle immobilization. All new leases, rental agreements or
property owners' association documents shall contain the provision ig'vin notice
that the property owner intends to utilize vehicle immobilization, and a complete and
specifically detailed list of rules, that if violated, will result in vehicle
immobilization. A copy of those provisions must be posted in the rental office
and/or a common area. A copy of those provisions must also be maintained on file
in each immobilization service vehicle involved in vehicle immobilization.
(iii) Companies providing immobilization services shall accept payment to release
vehicles /vessels in the form of cash, bank debit card and major credit cards.
Section Six:
Section Eight of the Ordinance is hereby amended to read as follows:
Penalties, enforcement and scope of article.
(a) Each violation of this article shall be subject to the maximum fine and /or other
penalties as then specified in the law under which that enforcement action is based, including
Section 125.69, Florida Statutes; Part II of Chapter 162, Florida Statutes; as if a misdemeanor
under Section 775.0823, Florida Statutes; or pursuant to any other provisions of law incorporated
25
Words stme - thfo u R'' are deleted and words underlined are added.
17N
by reference into section 1 -6 of Collier County's Code of Laws and Ordinances on the date of the
violation.
(b) Notwithstanding imposition any other penalty or penalties by the county or by any
other entity, three or more separate incidents involving violations of this ordinance, committed
by the same towing or immobilization company within a 365 day time period, is a per se
sufficient basis for forfeiture of that towing or immobilization company's and /or storage
company's Collier County occupational license for a period of sixty (60) days.
(c) This article shall not apply to the towing/immobilization of a vehicle /vessel that
occurs with the consent of the vehicle /vessel's owner or operator.
(d) Violations of the provisions of this Ordinance shall be enforced by the Collier
County Sheriff.
(e) Nothing in this article shall prevent the Collier County Sheriff from providing
additional or more restrictive requirements in contracts or arrangements which authorize the
recovery, towing or removal of vehicles /vessels or storage provided in connection therewith.
Section Seven: Inclusion in the Code of Laws and Ordinances.
The provisions of this ordinance shall become and be made a part of the Code of Laws
and Ordinances of Collier County, Florida. The sections of the ordinance may be renumbered or
re- lettered to accomplish such, and the word "ordinance" may be changed to "section,"
or any other appropriate word.
Section Eiaht: Conflict and severability.
In the event this ordinance conflicts with any other Ordinance of Collier County or other
applicable law, the more restrictive shall apply. If any phrase or portion of the ordinance is held
invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a
26
Words °t -r-ue - 4ffeugh are deleted and words underlined are added.
17H
separate, distinct and independent provision and such holding shall not affect the validity of the
remaining portion.
Section Nine: Effective Date.
This ordinance shall take effect upon filing with the Florida Department of State.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida this 27th day of July, 2010.
ATTEST:
DWIGHTE•.•.BROCK, CLERK
�Q r
Bye
CLERK
Approved as to form and
legal sufficiency:
L & J?I,Le� 4
Scott R. each
Deputy County Attorney
BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA
By: . W.
FRED W. COYLE, CH AN
27
Words stfuek thfou are deleted and words underlined are added.
17H
STATE OF FLORIDA)
COUNTY OF COLLIER)
I, DWIGHT E. BROCK, Clerk of Courts in and for the
Twentieth Judicial Circuit, Collier County, Florida, do
hereby certify that the foregoing is a true and correct
copy of:
ORDINANCE 2010 -30
Which was adopted by the Board of County Commissioners
on the 27th day of July, 2010, during Regular Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 30th
day of July, 2010.
DWIGHT E. BROCK
Clerk of Courts and Clerk
Ex- officio to Boa14,1Q�`��''
County Commisgi6h,6rs
By: Ann Jennejohn,
Deputy Clerk'
17H
MEMORANDUM
Date: July 29, 2010
To: Scott Teach, Deputy County Attorney
County Attorney's Office
From: Teresa Polaski, Deputy Clerk
Minutes & Records Department
Re: Resolution 2010 -144: Amending the Towing Ordinance
Attached for your records is a copy of the Ordinance referenced above
(Item #17H) adopted by the Board of County Commissioners on July 27, 2010.
If you have any questions, please contact the Minutes and Records Department at
252 -8411.
Thank you.
Attachment (1)
17H
RESOLUTION NO. 2010- 14 4
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY PURSUANT TO
ORDINANCE NUMBER 2008 -47, AS AMENDED, SUPERSEDING
RESOLUTION NUMBER 2009 -271 ESTABLISHING MAXIMUM
FEES FOR NON- CONSENT LAW ENFORCEMENT TOWING,
PRIVATE PROPERTY TOWING, THE USE OF IMMOBILIZING
DEVICES, AND THE STORAGE OF VEHICLES/VESSELS AND
RELATED FEES.
WHEREAS, on July 27, 2010, the Board of County Commissioners of Collier
County amended Ordinance number 2008 -47, as amended, and incorporated additional
provisions therein addressing the immobilization of vehicles by immobilization devices,
commonly referred to as a "boot," on private property; and
WHEREAS, the Board directed and established that the maximum fee and rate that
can be charged for the immobilization of vehicles be established by Resolution; and
WHEREAS, the Board, pursuant to Ordinance 2008 -47, as amended, is empowered
to establish, adjust or make future changes to the maximum rate for the towing,
immobilization and storage of vehicles /vessels, as authorized by Section Four (4) of that
Ordinance, by Resolution; and
WHEREAS, the Board has considered, reviewed and approves of the maximum fee
rate structure pertaining to the towing, immobilization and storage of vehicles /vessels
herein and finds those rates to be fair and appropriate.
NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
17H
1. All terms contained herein shall be as previously defined in Ordinance number
2008 -47, as amended.
2. The maximum rate chargeable for private property impound tows shall be as
follows:
Private Property Impound Tow
Class A Tow
Class B Tow
Class C Tows
Rate
$125.00 Flat Rate
$195.00 Flat Rate
$277.00 Flat Rate
Class D Tows $390.00 Flat Rate
*Rate if released on scene One Half (1/2) of posted rate
for specific towing service.
3. The maximum rate chargeable for law enforcement directed tows shall be as
follows:
Law Enforcement Directed Tow
Rate
Class A Tow
$150.00 Flat Rate
Class B Tow
$222.00 Flat Rate
Class C Tows
$333.00 Flat Rate
Class D Tows
$477.00 Flat Rate
Per mile fee for Law Enforcement Directed Tow Only
Class A. Tow $6.50 per mile
Class B Tow $7.75 per mile
K
17H
Class C Tows (and higher) $9.00 per mile
The mileage charge for all Law Enforcement Directed Tows is based upon the distance
from the location of the tow truck company to the scene and back.
4. The maximum rate chargeable for daily outdoor and indoor storage rates shall be as
follows:
Daily Outdoor Storage Rate
Personal Vehicles*
$40.00
Class B Towed Vehicles and Higher $75.00
Daily Indoor Storage
Personal Vehicles*
Rate
$50.00
Class B Towed Vehicles and Higher $100.00
*Includes motorcycles, ATVs, scooters, etc.
Storage charges shall begin six (6) hours after arrival at the towing company location and
will accrue in twenty -four (24) hour intervals starting each day thereafter from the time of
original arrival to the storage location (e.g., car towed in for storage at 6:00 p.m., between
6:00 p.m. and 12:00 a.m. no storage charge applies, at 12:01 a.m. charges for day one
storage begins, the next day at 6:01 p.m. the second day of storage begins), as also set forth
in Section Four of the ordinance.
5. Except as otherwise provided in Ordinance number 2008 -47, as amended, the
maximum rate chargeable for releasing an immobilized vehicle on private property
shall be as follows:
3
17H
One hundred dollars ($100.00) for each immobilization properly conducted in
accordance with the Ordinance. Immobilizing companies shall accept payment from
vehicle /vessel's owners in the form of cash, bank debit cards and major credit cards.
6. Except as otherwise provided in the Ordinance, the maximum rate chargeable for
late hour gate fees shall be as follows:
Monday — Friday Late Hour Gate Fee Rate
If an owner or authorized agent seeks to recover a towed/impounded vehicle /vessel or
property within such vehicle /vessel during the weekdays of Monday through Friday
between the hours of 6:00 p.m. and 8:00 a.m., the following late hour gate fee shall apply:
$65.00.
Saturday — Sunday Late Hour Gate Fee Rate
If an owner or authorized agent seeks to recovers a towed/impounded vehicle /vessel or
property within such vehicle /vessel after 6:00 p.m. Friday through 8:00 a.m. Monday the
following late hour gate fee shall apply: $65.00.
7. The maximum rate chargeable as an Administrative Lien Fee shall be as follows:
An administrative lien fee shall only be charged after the vehicle has been in the storage
facility for at least five (5) calendar days and after all other requirements as provided in
Ordinance number 2008 -47, as amended, have been met. The maximum rate chargeable as
an administrative lien fee shall be the sum of $100.00, plus recovery of the costs and fees
imposed by the State of Florida for obtaining ownership information.
4
17H
8. Extra Time at Scene Charge: The first one half (1/2) hour of service is to be
included in the initial cost of providing towing services. After the first one half (1/2) hour,
an additional charge in the amount of 25% of the applicable towing rate shall be charged in
fifteen (15) minute intervals.
9. Underwater Recovery Fee: An underwater recovery fee of $100.00 plus actual
costs may be charged when performed by a certified/professional diver when supported by
written documentation approved by the investigating law enforcement officer.
10. Hazardous Material Clean-up and Disposal Fee: The prevailing rate for cleaning
up and disposing of hazardous materials when mandated or required through State or Local
laws will be permitted upon written approval by the investigating law enforcement officer.
PASSED AND DULY ADOPTED by the Board of County Commissioners of
Collier County, Florida, this 27th day of July, 2010.
ATTgOT.. "" BOARD OF COUNTY COMMISSIONERS
D I'1✓: B CLERK COLLIER COUNTY, FLORIDA
W
yt By:
Ea-1rl" • FRED W. COYLE, CHA AN
....�.
ZZto and legal sufficiency:
zu
Scott R. Teach
Deputy County Attorney Item # .�
Dattee CU
Da
te
Recd.
Clerk
5