Backup Documents 11/10/2009 Item #17G
COLLIER COUNTY FLORIDA
REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS
(i)
17G
To: Clerk to the Board: Please place the following as a:
XXX Normal legal Advertisement
(Display Adv" location, etc,)
o Other:
*****-**-*--*._._.***-*****-********--*--**-***-**-***-***-*-**.*.***._--*-*-*--*.*****--***--*-**-****..*
Originating Dept/ Div: County Attorney Person:
Jeffrey A. Klatzkow, County Attorney Date: October 27,2009
Petition No. (If none, give brief description): None
Petitioner: (Name & Address): N/A
Name & Address of any person(s) to be notified by Clerk's Office: (lfmore space is needed, attach separate sheet) See Above
Hearing before
BCC
BZA
Other
Requested Hearing date: (Based on advertisement appearing 10 days before hearing,) November 10, 2009 (NOTICE TO RUN NO
LATER THAN FRIDA Y October 30, 2009)
Newspaper(s) to be used: (Complete only if important):
XXX Naples Daily News
o Other
XXX 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, WHICH REGULATES NON-CONSENT LAW ENFORCEMENT TOWING, PRIVATE
PROPERTY TOWING, AND STORAGE OF VEHICLES, BY PROVIDING FOR AMENDMENTS TO THE FOLLOWING
SECTIONS: TITLE; DEFINITIONS; MAXIMUM TOWING STORAGE, AND RELATED RATES PERTAINING TO
NON-CONSENT TOW SERVICES, AS WELL AS PRIVATE PROPERTY TOWING, AND IMPOUND; TOWING WITH
PRIOR EXPRESS INSTRUCTION OF REAL PROPERTY OWNER OR AUTHORIZED AGENT AND/OR LAW
ENFORCEMENT AGENCY; NOTICE REQUIREMENTS FOR REMOVING VEHlCLESIVESSELS FROM PRIVATE
PROPERTY; TOW TRUCK 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), ifany & proposed hearing date: N/A
Does Petition Fee include advertising cost? DYes XXX No
I
Rev; wed by:
If Yes, what account should be charged for advertising costs:
001-100510-649100 - P.O. 4500110664
IO}",)}D1
Date ( f
List Attachments:
Proposed Ordinances
DISTRIBUTION INSTRUCTIONS
A. For hearings before BeC 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:
o County Manager agenda file: to
Clerk's Office
o Requesting Division
o Original
B. Other hearings: Initiating Division head to approve and submit original to Clerk's Office, retaining a copy for file.
*****************************************************************************.**...*...**..*.*..*..****....
1
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ORDINANCE NO. 2009-
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NUMBER
08-47, WHICH REGULATES NON-CONSENT LAW ENFORCEMENT
TOWING, PRIVATE PROPERTY TOWING, AND STORAGE OF
VEHICLES, BY PROVIDING FOR AMENDMENTS TO THE
FOLLOWING SECTIONS: TITLE; DEFINITIONS; MAXIMUM
TOWING STORAGE, AND RELATED RATES PERTAINING TO NON-
CONSENT TOW SERVICES, AS WELL AS PRIVATE PROPERTY
TOWING, AND IMPOUND; TOWING WITH PRIOR EXPRESS
INSTRUCTION OF REAL PROPERTY OWNER OR AUTHORIZED
AGENT AND/OR LAW ENFORCEMENT AGENCY; NOTICE
REQUIREMENTS FOR REMOVING VEHICLES/VESSELS FROM
PRIVATE PROPERTY; TOW TRUCK 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 to
provide additional regulations for the operation of companies utilizing immobilization devices on
vehicles within Collier County, Florida, to modif'y posting requirements pertaining to
occupational licenses at storage facilities, and to bring clarity to existing language in the
ordinance to promote public understanding without affecting a substantive change; 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 October 27, 2009, the Board of County Commissioners approved
amending those sections ofOrdinanee No. 2008-47 as set forth below.
Words strucle ilireugll are deleted and words underlined are added,
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NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that Collier County Ordinance
No, 2008-47, is hereby amended to read as follows:
Section One:
Section One of the Ordinance is hereby amended to read as follows:
Title.
This article shall be known and cited as the "Collier County Non-Consent Towing,
Private Property Towing, Immobilization, and Storage of Vehicles Ordinance:'
Section Two:
Section Two o[ thc 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 bc refcrred to construe thc
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 accidcnt that damaged that vehicle/vessel, preventing safe operation,
Administrative/lien fee shall mean the fee that is chargcd by a towing company for titlc
rccords, 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 vehiclc or vessel as required by S 713,78, Florida Statutes,
2
Words ~ are deleted and words underlined are added,
176
Authorized person (for a vehicle/vessel) means any individual who at thc 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 passengcr who is then] 6 ycars of agc or oldcr, or insurancc company authorized by thc
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,
Authorized wrecker operator means a wrecker opcrator who is then designatcd 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, whcn 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 defincd as follows: Any motor vehicle or motor vehicle
combination used on the streets or highways, which: (a) has a gross vehicle weight of 26,00]
pounds or more, or has three or more axles regardless of weight, or is used in combination when
thc weight of such combination exceeds 26,001 pounds gross vehicle weigh; (b) is designed to
transport morc than ]5 persons, including the driver; or (c) is transporting hazardous materials
and is required to be placarded in accordance with Title 49 CF,R, part] 72, Subpart F.
Disabled means a vehicle/vessel that cannot be movcd by its own power because the
physical condition of the towed vehicle/vessel, including from non-use, lack of fuel, mechanical
malfunction or becausc such movemcnt, except by being towed, would otherwise be illegal or
violate a private rule,
3
Words struek through arc deleted and words underlined arc added,
Extra lime 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 infonnation: (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.
Gross Weight shall mean the weight of a tow truck in pounds plus the wcight 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 undcr arrest, bcing dctained, revocation or suspension of that
person's operator's license or pennit, or any other condition that the jurisdictional law
enforcement officer determines is justification to call a wrecker off of rotation,
Immobilization Device means anv device attached to a vehicle which is designed to
prevent the vehicle from being operated,
Immobilization means the utilization of a "boot" or other mechanism which causes a
vehicle to be immobile or otherwise renders a vehicle immobile or in operable,
Immobilization Companv means the private partnership. corporation or other privatelv
owned business entitv. including sole proprietor. engaged in the immobilization of vehicles.
4
Words stRIck through are deleted and words underlined are added,
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including the utilization of a "boot" or other mechanism which 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 thcreof
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)(I) (3) inclusive; or subsection 9443,1 0(1), (6) or (8),
Law Enforcement Tow shall mean any tow authorizcd by any jurisdictional law
enforcement officer where an authorized wrecker operator is dispatched off of the wrecker
rotation system (a non-conscnt 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 I engineered grade
sheeting (ASTM 04956-01). The letters may be screen printed on the type I 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
storagc yard to the location of an accident scene or scene of a rotation call authorized by a
jurisdictional law enforcement agent. Mileage charges arc 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 Ofticer Tows" and "Private Property Impounds/Tows" as defined herein,
5
Words struck through are deleted and words underlined are added,
176
Operator shall mean any person who provides the services of recoveIing, 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 drivcr of a tow truck,
Person shall mean any natural person, firm, partnership, association, corporation or other
entity of any kind whatsoever.
Private properly means all real property not owned by, leased to, or similarly controlled
by a governmental entity, including private roads,
Private properly impound or tow shall mean towing or removal of a vehicle/vessel
without the consent of thc vehicle's owner or authorized drivcr whcn that vehicle/vesscl is
parked on real property, as authorized by F.S, S 715.07, as may be amended, when the authorized
agent for thc property or the owner of the property has requested removal ofthe 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 that vehiclc/vcsscl from that propcrty is then
allowed by law,
Real properly 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 propcrty
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.
6
Words struck t1mllfgfl are deleted and words underlined are added.
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Remove shall mean the removal of a vehicle/vcssel from a canal or other body of water, a
wooded arca not readily acccssible 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 privatc,
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 privatc storagc 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 vehiclc/vcssel at a location where the person providing
the towing services exercises control, supervision and responsibility over the vehicle/vessel.
Storage facility shall mcan thc location whcrc 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 morc wheels,
Towing company mcans any private partncrship, corporation or other privately owned
business entity, including sole proprietor, engaged in the operation of towing vehicles/vcssels by
7
Words stmelc througfl are deleted and words underlined are added,
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means of a tow truck slide bed, wrecker or any othcr form of towing apparatus designated for the
purposc 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 shalJ mean a decal or sign issued by the local government agent,
authorized jurisdictional law enforcement agcncy, or similar governmental body, which is placed
upon any tow truck to designate authorization to engagc in non-consent tows and to allow
parking in specialJy designated areas authorized by the county or jurisdictional governing body,
Unavailable means that no authorized person is physicalJy prcscnt at thc 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 propelJed by its own engine, motor, or pulJing animal(s), Vehicle includes
car, truck, trailcr, semi-trailer, motorcycle, motor scooter, moped, bus, van, recreational vehicle,
alJ-terrain vehicle, golf cart, animal-drawn vchiclc, and every other substantially similar means of
wheeled transportation,
Vessel is synonymous with boat as refcrenced in s, I (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,
8
Words struck through are deleted and words underlined are added,
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Section Three:
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, ltftd 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 and/or storage related fees or charges
required or authorized by law which supersedes this article. Also, limited to the specific towing
or immobilization operation and/or storage, this article does not affect any then existing rights of
the towing or immobilization company to recover from any person or entity all costs actually
paid by the towing company for filing any formes), 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:
(I) Towing services per call, which shall include time from arrival on scene through
the first thirty (30) minutes on scene that thc tow truck is actually engaging in the
safe removal of a vehicle/vessel.
(2) A mileage charge for only law enforcemcnt directcd tows bascd upon the distance
from the towing business' location to the scene and back
(3) Storage charges that shall begin six (6) hours aftcr 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
9
Words struck through are deleted and words undcrlincd are added,
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in for storagc at 6:00 p,m., bctwcen 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 begi ns), 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
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/authorizcd driver/agent, lien holder, msurance
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 shaJJ 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
10
Words struck throagh are deleted and words underlined are added,
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(b) The law enforcement agency has been notified by the tow truck company,
within 30 minutes after complction 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
Certification Number, correspondencc 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 invcstigating 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
11
Words struck through are deleted and words underlined are added,
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,
(9) Rates for the release of an immobilization device.
Section Four:
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, 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 agreemenls
between the tow truck company and a governmental entity and/or law enforcement agency,
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Words stmelt tRrough are deleted and words underlined are added,
176
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(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 or
immobilization in Collier County must have their storage facility and principal 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
payor acccpt money or other valuable consideration for thc privilege of towing, immobilizing or
removing vehicles or vessels from a particular location as mandated by Fla, gtat F.S, 9
715,07( 4)(2)(a)( 4),
The tow truck or immobilization company recovering, towing or removing a
vehicle/vessel shall, within thirty (30) minutes of completion of such towing 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 bc stored, the time the vehicle was secured to the towing vehicle/vessel, and
the make, model, color and vehicle license plate number (if any) or registration number of the
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 record,
For A;!ll vehicles/vessels removed or immobilized by tfle ;! tow truck or immobilization
company, shall eSffiplete a private property tow or immobilization ferm 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 whiCH inelHaes the following information:
the year, make, model, color and vehicle identitication number, the vehicle license plate number
(if any), a statemcnt of any visible damage to the exterior of the vehicle/vessel, and an inventory
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Words sln1ek through arc deleted and words underlined are added,
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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,
(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 Identitication number.
(d) Except as otherwise provided in this article, no such prior express instruction shall
bc considered to have been given:
(I) 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,
(c) 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, thc namcs 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, recovcr. 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 service, Any addendum to the
contract shall include additional names and titles as necessary, No such contract shall state that
the tow truck or immobilization company assumes the liability for improperly towed or
immobilized vehicles/vessels, contrary to 1',5, S 715,07(4), The tow truck or immobilization
14
Words struck threugh are deleted and words underlined are added,
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company must keep on tile 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 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 (I) year following the enactment of this article,
(I) Tow truck or immobilization companies may not enter into a writ(en contract with
the owner of private property that authorizes the tow truck or immobilization 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 pcrson who improperly causes a vehicle/vessel to be recovered, towed, or
immobilized. removed or stored shall be liable to tbe 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 bv law. the practice of
placing a "boot" or other immobilization device on a vehicle is orobibited, When placement of
an immobilization device is allowed bv law. immobilization shall occur in accordance with the
15
Words struck through arc deleted and words underlined are added,
27
provisions of this ordinance or the provisions of any applicable statute pursuant to which a
vehicle is immobilized. as follows:
16
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(5) Upon request of the immobilized vehicle's owner or authorized
driver/agent. and payment of anv applicable fee. the tow truck or immobilization
companv shall release the immobilized vehicle to the vehicle's owner or
authorized driver/agent within one (I) hOUL
Section Five:
Section Six of the Ordinance is hereby amended to read as follows:
Notice requirements for removing vehicles/vessels from 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 cach 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 abovc 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 rcmoval of any vehicle/vessel(s),
17
Words stmsl, through are deleted and words underlined are added,
17G
(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-A WAY 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 towed or immobilized away at the
owner's expense; and the name, address and current telephone number of the tow
truck or immobilization company performing the towing 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 nccessary, 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 stn.el, through are deleted and words underlined are added,
176
(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) Ellee13t as etherwise llrovided hereiJl. Wwhen any real property owner
instructs a vehicle/vessel to be recovered, towed, immobilized or removed from his or her
property and stored, shelhe or a designated representative authorizing the tow or
immobilization shall sign their name and print their driver's license number on the tow
ticket and include a vehicle condition report and a visual inventory list a>ltfierizing tfie
taw thereon, 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 thc
vehicle/vessel, which is unlawfully parked, In the case of an immobilized vehicle. the
droll charge would be one-half of the established fee, No service fee shall be demanded
or llaid if the vehicle was in the process of being immobilized but not vet connected to the
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
19
Words slruek through are deleted and words underlined are added,
l?S
the vehicle/vessel is occupying the vehicle/vessel and refuses to vacate same, in addition
to the drop charge, the ~ tow truck company/driver is permitted to charge extra time at the
sccne 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 Six:
Section Seven of the Ordinance is hereby amended to read as follows:
Tow truck/Immobilization company requirements.
(a) Tow truck or immobilization 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 exprcssly 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 Sucll pemo!ls 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
rcmoval of 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
20
Words stfllelc throubh are deleted and words underlined are added,
J7G
authorized driver/agent pursuant to state statutes, The above information shall be posted
prominently in the area designated bv such companies for the '/ehieJe/yessel OWRer or authorized
driver/agent (0 transact business. During business hours, such area shall provide shelter, safety,
and lighting adequate for the vehicle/vesscl 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 immobilization 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 storage facility is open for regular business,
(I) 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 vehicle/vessel upon his or her arrival at the storage facility or the
immobilized vehicle's location before payment of any charges, With the exception of
vehicles/vessels being held pursuant to the specific request or "hold order" of a law enforcement
21
Words struck through arc deleted and words underlined arc added,
17S
agency, the vehicle owner or authorized drivcr/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) T ew truck Ceompanics 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. each of whieh and shall maintain a current county occupational
license and shall be open for the purpose of redemption of vehicles/vessels by owncrs 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 (I)
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 or
immobilization truck company removing the vehicle/vessel shall be given to the vehicle owner or
authorized driver/agent at the time of payment, where requested or not
22
Words struck through are deleted and words underlined are added,
27
U) Tow truck or immobilization companies providing services pursuant to this article
shall post a notice clearly visiblc to the vehicle/vessel owner or authorized driver/agent seeking
to recover hislher towed vehicle/vessel, or to have an immobilization device removed that if the
owner or authorized driver/agent believes he/she is being overcharged for a non-consent tow or
immobilization, 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 oft he bond,
(k) Nothing in this article shall prevent the Collier County Sheriff from providing
additional or more restrictive requirements in contracts or arrangements which authorize the
rccovery, towing or removal of vehicles/vessels or storage provided in connection therewith,
(I) Tow truck or immobilization 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 privale property impounds,
2, $500,000 combined single limits for all other tow trucks,
(ii) General/garage liability:
L $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,
(iii) Garage kceper's liability: $50,000,00 for any onc vehicle and $100,000 per
occurrence,
(iv) $50,000 on-hook cargo liability coverage for each vehicle.
23
Words stmek through are deleted and words underlined are added,
'76
(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 amolmts
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 rcquired by State
law shall control.
Section Seven:
Section Eight of the Ordinancc 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
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 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
24
Words struck tRrOligR are deleted and words underlined arc addcd,
Section Eight:
Inclusion in the Code of Laws and Ordinances.
l?a
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 Nine:
Conflict and severability.
In thc cvent this ordinance conflicts with any other Ordinance of Collicr 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
separate, distinct and independent provision and such holding shall not affect the validity of the
remaining portion,
Section Ten:
Effective Date.
This ordinance shall take effect upon filing with the Florida Department of State,
25
Words S!fllelHftretlgh are deleted and words underlined are added,
116
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County,
Florida this _t/l day of November, 2009.
ATTEST:
DWIGHT E. BROCK, CLERK
BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA
By:
By:
DEPUTY CLERK
DONNA FIALA, CHAIRMAN
Approved as to form and
legal sufficiency:
s~tf-J~L
Deputy County Attorney
26
Words streck through are deleted and words underlined are added,
176
Acct. #068784
October 27,2009
Attn: Legals
Naples News Media Group
I 100 Immokalee Road
Naples, FL 34110
Re: Amending Ordinance No. 2008-47, Towing Ordinance
Dear Legals:
Please advertise the above referenced petition on Friday, October 30, 2009
and kindly send the Affidavit of Publication, in duplicate, together with charges
involved to this office.
Thank you.
Sincerely,
Martha Vergara,
Deputy Clerk
P.o. #4500110664
l?S
NOTICE OF INTENT TO CONSIDER ORDINANCE
Notice is hereby given that on Tuesday, November 10, 2009, in the
Boardroom, 3rd Floor, Administration Building, Collier County
Government Center, 3301 East Tamiami Trail, Naples, Florida, the
Board of County Commissioners will consider the enactment of a
County Ordinance. The meeting will commence at 9:00 A.M. The
title of the proposed Ordinance is as follows:
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER
COUNTY, FLORIDA, AMENDING ORDINANCE NUMBER 08-47, WHICH REGULATES
NON-CONSENT LAW ENFORCEMENT TOWING, PRIVATE PROPERTY TOWING, AND
STORAGE OF VEHICLES, BY PROVIDING FOR AMENDMENTS TO THE FOLLOWING
SECTIONS: TITLE; DEFINITIONS; MAXIMUM TOWING STORAGE, AND RELATED
RATES PERTAINING TO NON-CONSENT TOW SERVICES, AS WELL AS PRIVATE
PROPERTY TOWING, AND IMPOUND; TOWING WITH PRIOR EXPRESS
INSTRUCTION OF REAL PROPERTY OWNER OR AUTHORIZED AGENT AND/OR LAW
ENFORCEMENT AGENCY; NOTICE REQUIREMENTS FOR REMOVING
VEHICLES/VESSELS FROM PRIVATE PROPERTY; TOW TRUCK 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
Board and are available for inspection.
invited to attend and be heard.
file with the Clerk to the
All interested parties are
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 5 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.
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.
l?S
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
DONNA FIALA, CHAIRMAN
DWIGHT E. BROCK, CLERK
By: Martha Vergara, Deputy Clerk
(SEAL)
17G
Martha S. Vergara
From:
Sent:
To:
Subject:
Attachments:
Martha S, Vergara
Tuesday, October 27, 20092:26 PM
Naples Daily News Legals
Ord, Amending Ord, 08-57 (Towing Ord,)
Amending Ordinance 2008-47 (Towing Ord, Amendment 11-09).doc;
ORDAMEND,ORD,08-47(Towing OrdAmendments 11-09),doc
Lega Is,
Please advertise the following attached ad on Friday, October 30, 2009,
Send an ok when you receive,
Thanks,
Martha Vergara, Deputy Clerk
Clerk to the Board of County Commissioners
Minutes and Records Department
239-252-7240
239-252-8408 fax
(ma rtha. verc;Ja ra<1ilcollierclerk.com)
1
Martha S. Vergara
17C
From:
Sent:
To:
Subject:
Pagan, Emely [EPagan@Naplesnews,com]
Tuesday, October 27,20094:38 PM
Martha S Vergara
RE: Ord, Amending Ord. 08-57 (Towing Ord,)
ok
From: Martha S. Vergara [mailto:Martha.Vergara@collierderk,com]
Posted At: Tuesday, October 27, 2009 2:26 PM
Posted To: Legals - NDN
Conversation: Ord, Amending Ord. 08-57 (Towing Ord.)
Subject: Ord. Amending Ord, 08-57 (Towing Ord.)
Legals,
Please advertise the following attached ad on Friday, October 30, 2009,
Send an ok when you receive,
Thanks,
Martha Vergara, Deputy Clerk
Clerk to the Board of County Commissioners
Minutes and Records Department
239-252-7240
239-252-8408 fax
(martha. veraara@collierderk,com)
Under Florida Low, e-mail addresses are public records, If you do not wantyoure.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,
1
NonCE OF INTENT TO CONSIDER
ORDINANCE
Notice Is hereby given that on Tuesday,
Novp.mber 10, 2009, in The Boardroom.
3rd Floor, AdmlnMration Building, Collier
Cownty GOvernment Center, 3301 EaSl: Ta-
miami Trail, Napl~, Florida1lhe Board of
County Comnmsloners wllconsld'l'r the
enactment of a County Ordinance. The
meeting will commence ~t 9:00 A.M. The
tItle of the proposed Ordinance is as fol~
I~\I$:
17G
AN ORDINANCE OF THE BOARD OF
COUNTY COMMISSIONERS OF COLLIER
COUNTY, FLORIDA, AMENDING ORDI.
NANCE NUMBER 08.47, WHICH REGU.
LATES NON.CONSENT LAW ENfORCE.
MENT TOWING, PRIVATE PI10PERlY
TOWING, AND STOllAGE OF VEHICLES, BY
PROVIDING FOR AMENDMENTS TO THE
FOLLOWING SECTTONS TITLE; DEFINI.
TlONS; MAXIMUM TOWING STORAGE.
AND RELATED RATES PERTAINING TO
NON.CONSENT TOW SERVICES, AS WELL
AS PRIVATE PROPERTY TOWING, AND 1M.
POU~lD; TOWING WITH PRIOR EXPRESS
INSTRUCTION OF HEAL PHOPERTY OWN.
ER OR AUTHORIZED AGENT AND/OR LAW
ENFORCEMENT AGENCY, NOrlCE AE.
QUIREMENTS FOR REMOVING VEHICLES.
NESSELS F-ROM PRIVATE PROPERTY. TOW
TRUCK COMI'ANY ITEQUIREMENTS; PEN.
ALTIES, ENFORCEMENT AND SCOPE or
ARTICLE; AND PROVIDING FOflINCLU-
SION IN THE CODE Of I.AWS AND ORDI.
NANCES, PROVIDING FOR CONFUCT ANO
SEVERABILITY, ANL) PROVIDING FOR AN
EFFECTIVE DA TE
Caple,> of the prapO':ied Ordinance ar~ on
file with th~ LI~rk 10 the Board and are
available tr.H inspe-ctian. All Interested
parti@s are Invited to attend and be-
heard.
Non All per'ions wishinl.;l to "peak 011
any ag@nda .'1em mUST register with tn@
(aLlnty administrator pnor to preo~ema'
tlCJn of thp ,agenda ih"m to bl!? addressed
Individual speakers will be limiud to 5
minUTes on any ItPm. The sl?Jection of an
Individual to speak on beh<3lt of an orga.
Illz.nion or group is encouraged. If rec-
ognized by the Chairman, .a spokespEff~Ofl
Tor a group or organization may be ai-
lott@d to minutes to speak on an itl?m.
PolrSOno;, wishing to have written or graph-
IC mate-rials induded in the Board agenda
packet'> mu'i! ,>ubmi1. said material a min-
imum of 3 weeks prior 10 thE' resp@.(tive
public hearing. In any case, written ma.
terials inrend@d to be considl1'red by the
Board shall be- submitted to the dppropri.
ate County staff a minimum af seven dilY~
prior w the public h.:>armg. All matenal
lJseclln prE',entatkms before the Board
will becomE' a permansnt pan of the re.
corel.
Any person who detides to appeal a dl?<i-
sian ot th@ Board will need ~l record of
the proceedings psrtaining thertlto and
therefore, may need [0 ensure then a ver-
batim record of The proceti!dil1gs is made-,
which record includes the t@stlmony and
e'Jidence upon which the appeal is based.
If you are a per50n with a disability who
needs ,any accommodation in order to
participate In this proce-eding, YOiJ are en.
titled, at no (O,st to you, to the provi!iion
of certain aSSistancE'. Please contact the
Collier County Facilities. Man,agernent De-
partment, located.:l1 3301 Tamiami Trail
East, Building W, Naples, Florida 3-1112,
(239) 252.8380, Assisted listening device50
for the he-aring impaired are allaildble in
thl? County Commiasionl'.'r.'i' Office.
BOARD OF COUNTY WMMISSIONERS
COLLIER COUNTY, FlORIDA
DONNA FIALA, CHAIRMAN
DWIGHT E, BROCK, CLERK
By: Martha Vergara, Deputy Clerk
(SE,..\l)
October 30; 2:009 No182341S
~",,,",,,,,,,,,~-,,;,,--,,~.,,,,...,-~_.,, ,.._'-----,~-..._"-,""----<._-~--"'--~-'._"._,',. -,-~~,-,-,-,.,"-,-,-_.,-,.
1 7 Iff
Martha S. Vergara
From:
Sent:
To:
Subject:
Naples Daily News [naplesnews@clicknbuy,com]
Friday, October 30, 200912:11 AM
Martha $, Vergara
Thank you for placing your classified advertisement.
Ad # 1823415
Thank you for placing your classified advertisement.
The following represents the current text of your advertisement:
NOTICE OF INTENT TO CONSIDER ORDINANCE Notice is hereby given that on Tuesday, November 10,
2009, in the Boardroom, 3rd Floor, Administration Building, Collicr County Government Center, 3301 East
Tamiami Trail, Naples, Florida, the Board of County Commissioners will consider thc enactment of a County
Ordinance. The meeting will commence at 9:00 A,M, The title of the proposed Ordinance is as follows: AN
ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA,
AMENDING ORDINANCE NUMBER 0847, WHICH REGULATES NON-CONSENT LAW
ENFORCEMENT TOWING, PRIVATE PROPERTY TOWING, AND STORAGE OF VEHICLES, BY
PROVIDING FOR AMENDMENTS TO THE FOLLOWING SECTIONS: TITLE; DEFINITIONS;
MAXIMUM TOWING STORAGE, AND RELATED RATES PERTAINING TO NON-CONSENT TOW
SERVICES, AS WELL AS PRIVATE PROPERTY TOWING, AND IMPOUND; TOWING WITH PRIOR
EXPRESS INSTRUCTION OF REAL PROPERTY OWNER OR AUTHORIZED AGENT AND/OR LAW
ENFORCEMENT AGENCY; NOTICE REQUIREMENTS FOR REMOVING VEHICLESIVESSELS FROM
PRIVATE PROPERTY; TOW TRUCK 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 5 minutes on any item, The selection of an individual to speak
on behalf of an organization or group is encouraged, If recognized by thc 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 appropriatc County staff a minimum of seven days prior to the public hearing, All material
used in presentations before the Board will becomc a pem1anent part of the record. 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) 2528380. Assisted listening devices for the hearing impaired are available in
the County Commissioners' Office. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY,
FLORIDA DONNA FIALA, CHAIRMAN DWIGHT E, BROCK, CLERK By: Martha Vergara, Deputy Clerk
(SEAL) October 30, 2009 Nol823415
You also have the exciting option to enhance your online advertisement with extended text, photos and even
17S
multimedia! Enhancing your classified advertisemcnt will give you increased exposure to thousands of online
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2
Naples Daily News
Naples, FL 34102
Affidavit of Publication
Naples Daily News
3'-='=/C:VE2 BUDGE':' C\FFIC3
:~~RI:JF 2:::R::'. 2:JURT
3h~~ SCnNEEBEEGER
~. C 30;: 4 =-3 C4-4.
NAPL~.s Fl...' 3~,:' C 1
REFERENCE: 068784
59595223
P.O. #4500110664
NOTICE OF INTENT TO
State of Florida
County of Collier
Before the undersigned authority, personally
appeared Phil Lewis, who on oath says that he
serves as the Editor and Vice President of the
Naples Daily News, a daily newspaper published at
Naples, in Collier County, Florida: that the
attached copy of advertising was published in said
newspaper on dates listed.
Affiant further says that the said Naples Daily
News is a newspaper published at Naples, in said
Colller County, Florida, and that the said
newspaper has heretofore been continuously
published in said Collier County, 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 1 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, fi~m or corpoyation any
discount, rebate, commission or refund for the
purpose of securing this advertisement for
publication in the said newspaper.
PUBLISHED ON: 10/30 10/30
AD SPACE: 109 LINE
FILED ON: 10/30/09 ,
::~~~:~~:-::-~::::~:---~-~.--------~----:
Sworn to and Subscribed before me this ~~^
J.?G
I
J
NO-TIce:,OfIHTlNT"TO CONSIDER
OllDI!iAtjl'E
~~J,.~~fi:!aig:
InD. 'Government Cen-
WO, ~ "iii', N"",..,
slonm" "l"~n~~i
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~IIIIlImI'!<IOIjjln""'Is"fO"
AN
COUNTY,
NANe!
it.Wr
~~l~Q, AMZoJ:~lf~
THE FOllOWING SECT-tONS: TITLE;
DEFINITIONS' MAXIMUM TOWJNG
STORAGE, ANb RELATED AATESPER.
TAININGra NON-CONSENT TOW
&AV1CI!5' AS WELL AS PRIVATE
" ..Y rOWING. AND IMPOUND;
10Wl ,WfJ:H:JtltIOR_ EXPRESS IN.
STRUCT Of' 'EERTY OWN;
ER OR ',' NT AND/OR
.lAW .... Y; NOTICE
CL "=VING VEHj.
ERTYi ...cOM~lEN~~::
QUIREMENT!t.:PlNAL TIUJ..:.ENFORCE-
MENT AND :.cOPE OF ArtuClE' AND
PROVIDING FOR INClUSiON IN THE r
CODE OF LAWS ANDOROINANCiS,
PROVIDJNGFOR CONFLICT AND SEVE-
RAS!UTY, :4ND PRovtDlNG FOR AN EF.
~EDATE.'
~"ft()f tl;leh. proposed Ordinanc~
~oo. k! wit the Clerk to the Board
~ Wavallable for Inspection, All
Interested partres are- Invited to at-
'O!l'IJ>ehWd,
~'I persons wishing to speak
agenda Item must register
County administrator prior
allan of the agenda Item to
addressed. tndlYidualspeakers
.'.1 be limited to 5 minutes on. any. \
itt,;:.' 'The selection of an Individual
IPNk on behalf of an organization
or' group 1$ encouraged. j.f recog.
nlzed by th,e Chairman, a spokesper-
c:"J:i~~.or'Organlzatlon may
Item, .' ,IQ. lnutes to speak 00 an
Persons wishing to have written or
gre,phlcmaterials. Included in the
Board 'fedap~.~ kets must submit'
s~ld m rlaf.- minimum of 3 weeks
to. . fve"pubtic hearing.
rwi.lo'~
-...
.wen
.'i:AIf-
~~ntl
~Any person whO d9Cldesto-appeal-i
decision of the Board will need a reo
cord of the proceedings pertaining
thereto and therefo're, _ may need to
ensure' that a \'-erbatlm record of' the
r.roc.eedlngs Is made, 'oVl\lch record
neludes the testimony lIi'Id eviden(:e
, UPOIlWhicPth~~,jS based.
I~-Yf)ll mali.' . rsti1!,wttha disability
WtWneds,. ~m~tion In or.
der 'to' partl ate In thlsp"oceedlng,
you are entitled, at no cost to yov, to
the provision of certain l\$sistance.
Please contact ..the- Collier COUnty Fa-
cllltk!s Manaaement'Department. 10'
~at~,at 3)01 TamlamlTralJ East,
Bt.tl.. W, Naples, FForlda 34112,
(23t) ..' 80. Assisted listening de-
'de".. .' tll.e h.earlng Impaired are
.vt.lh '_In ..the:... County Commisslon-
W
8OARIl. ;,",CO.'UNTY.~.'C ....SSt..""ERS
COUltRcOUNN . A:' ..... .
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ilL,,,,,". . Nql!IJ3415
day of [\)"v~",'o-eV" 2000\.
Pe~sonally known by me
,....fI"..
'~m'\'" '''';;-;" KAROL E KANGAS
f. ..: . ~ Notary PUbliC: State of Florida
;u:>.. !:J~i My Comm. Expires Ju129. 2013
~"~::,~(). f~'\":::'-- Commission # 00 912237
,.""",
l?S
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNA TURE
Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Otlice. The completed routing slip and original
documents are to be forwarded to the Board omce only after the Board has taken action on the item.)
ROUTING SLIP
Complete routing lines # 1 through #4 as appropriate for additional signatures, dates, and/or information needed If the document is already complete with the
exception of the Chairman's signature, draw a line throul!t routin'" lines # 1 through #4, complete the checklist, and forward to Sue Filson (line #5).
Route to Addressee(s) Office Initials Date
(List in routing order)
L
-- - -,'-
- --
2 _.~ -".-
---
3, -----
4, Scott R, Teach, Deputy County Attorney County Attorney <:::rJ4 11110109
5, Ian Mitchell, Supervisor Board of County Commissioners 1/~ l\lIO{O~
6, Minutes and Records Clerk ofCourl's Office
PRIMARY CONTACT INFORMATION
(The primary contact is the holder of the original document pending Bee approval. Nonnally 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 BeC Chairman's signature are to be delivered to the Bee office only after the BeC has acted to approve the
Item.
Name of Primary Staff Scott R, Teach
Contact
Agenda Date Item was ~ II I (; - C'1
A roved b the BCC
Type of Document
Attached
Phone Number
252-8400
Agenda Item Number
17G
Number of Original
Documents Attached
I of each
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark "N/ A" in the Not Applicable column, whichever is appropriate.
L
Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the
Chairman, with the exception of most letters, must be reviewed and signed by the Office of the
County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the
County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully
executed by all parties except the BCC Chairman and Clerk to the Board and possibly State
Officials.
All handwritten strike~through and revisions have been initialed by the County Attorney's Office and
all other arties exce t the BeC Chairman and the Clerk to the Board
The Chairman's signature line date has been entered as the date ofSeC approval of the document or SRT
the final ne otiated contract date whichever is a licable.
"Sign here" tabs are placed on the appropriate pages indicating where the Chairman's signature and SRT
initials are re uired.
In most cases (some contracts arc an exception), the original document and this routing slip should be
provided to Sue Filson in the Bee office within 24 hours of Bce approval. Some documents are
time sensitive and require forwarding to Tallahassee within a certain time frame or the BCe's actions
arc nullified. Be aware of our deadlines!
The document was approved by the BeC on November 10.2009 and all changes made during SRT
the meeting have been incorporated in the attached document, The County Attorney's Office
has reviewed the chan es, if a licable.
Please return I copy to Scott Teach, Deputy County Attorney and I copy to Tom Wides, SRT
o erations Director, PUD
2,
NIA
3.
4,
5.
6.
7
I: Forms! County Forms! Bee Forms! Original Documents Routing Slip WWS OriginaI9.0J.04, Revised] .26.05, Revised 2.24.05
((matter _ numbem! ((document_ numbem
MEMORANDUM
Date:
November 13, 2009
To:
Scott Teach, Deputy County Attorney
County Attorney's Office
From:
Teresa Polaski, Deputy Clerk
Minutes & Records Department
Re:
Resolution 2009-271
Enclosed please find one copy of the document referenced above (Agenda
Item #17G), approved by the Board of County Commissioners on
Tuesday, November 10, 2009.
If you should have any questions, please call me at 252-8411.
Thank you.
17G
MEMORANDUM
Date:
November 13, 2009
To:
Tom Wides, Administrator
Public Utilities
From:
Teresa Polaski, Deputy Clerk
Minutes & Records Department
Re:
Resolution 2009-271
Enclosed please find a copy of the document, as referenced above
(Agenda Item #17G), approved by the Board of County Commissioners
on Tuesday, November 10, 2009.
The Minutes & Records Department has retained the original to be kept in
the Official Records of the Board,
Thank you.
Enclosure
17G
17G
RESOLUTION NO. 2009- 271
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY PURSUANT TO
ORDINANCE NUMBER 2008-47, AS AMENDED, SUPERCEDING
RESOLUTION NUMBER 2008-272 ESTABLISHING MAXIMUM
FEES FOR NON-CONSENT LAW ENFORCEMENT TOWING,
PRIVATE PROPERTY TOWING, THE USE OF IMMOBILIZING
DEVICES, AND THE STORAGE OF VEHICLESNESSELS AND
RELATED FEES.
WHEREAS, on November 10, 2009, the Board of County Commissioners of
Collier County amended Ordinance number 2008-47 and incorporated additional
provisions therein addressing the immobilization of vehicles by an immobilization device
such as a "boot" on private property, which required the Board to establish by Resolution
the maximum fees and rates that can be charged for the immobilization of vehicles; 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 amendment of Ordinance 2008-47 to include the regulation of the
immobilization of vehicles on private property requires the enactment of this Resolution,
which supersedes Resolution Number 2008-272, to provide for a maximum fee that tow
truck and immobilization companies may charge the public when providing
immobilization services; 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:
I. 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 Propertv Impound Tow
Rate
Class A Tow
$125.00 Flat Rate
Class B Tow
$195.00 Flat Rate
Class C Tows
$277.00 Flat Rate
Class 0 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 0 Tows
$477.00 Flat Rate
2
l?G
17r
Per mile fee for Law Enforcement Directed Tow Onlv
Class A. Tow $6.50 per mile
Class B Tow $7.75 per mile
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:
Dailv Outdoor Storage
Personal Vehicles*
Rate
Class B Towed Vehicles and Higher
$40.00
$75.00
Dailv Indoor Storage
Personal Vehicles*
Rate
Class B Towed Vehicles and Higher
$50.00
$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.
3
176
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:
Twenty-five dollars ($25.00) for each immobilization properly conducted In
accordance with the Ordinance.
6. Except as otherwise provided in the Ordinance, the maximum rate chargeable for
late hour gate fees shall be as follows:
Mondav - Fridav 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.
Saturdav - Sundav 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 or immobilized 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
4
17G
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.
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 (l/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 Recoverv 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 ~tb day of November, 2009.
1..1'
,
ATTEST:'
DW1GHT"E.BROCK, CLERK
~~k
,:!il~:CW Nn. ,
I follU"", 0fI..
By:
DONNA FIALA, CHAIRMAN
TY COMMISSIONERS
TY, FLORIDA;'
I... ./"'
J~ I!tj~
Approved as to form and legal sufficiency:
~!/ Rj~
Scott R. Teach
Deputy County Attorney
Item# ~
5
Agenda
Date
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIlJ 7 G I ~
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 Otlice. The completed routing slip and original
documents are to be forwarded to the Board Otlice only after the Board has taken l1ctioll 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
exec tion of the Chainnan's si ature, draw a line thrall h rautin lines # I thrau h #4, com !ete the checklist, and forward to Sue Filson line #5 .
Route to Addressee(s) Office Initials Date
List in roulin order
PRIMARY CONTACT INFORMATION
(The primary contact is the holder of the original document pending Bee approval. Nonnally 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 stan for additional or missing
information. All original documents needing the BCC Chairman's signature are to he delivered to the BCC office only after the BCC has acted to approve the
item.
Name of Primary Staff Scott R, Teach
Contact
Agenda Date Item was ()jI 2C ~9 II
A roved b the BCC
Type of Document
Attached
1.
-
2
--
--
-
11/10/09
I\!to 0'
252-8400
17G
1 of each
Yes
(Initial)
SRT
NI A (Not
A lieable
3,
N/A
SRT
SRT
SRT
4. Scott R, Teach, Deputy County Attorney County Attorney
5, Ian Mitchell, Supervisor Board of County Commissioners
6. Minutes and Records
Clerk ofCourl's Office
SRT
I: Forms! County Forms! BCC Forms! Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05
<<Inatter _ numbem!(<document_numben)
Phone Number
I 0 - 0,/
Agenda Item Number
Number of Original
Documents Attached
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark "N! A" in the Not Applicable column, whichever is appropriate.
I.
Original document has been signedlinitialed for legal sufficiency. (All documents to be signed by the
Chairman, with the exception of most letters, must be reviewed and signed by the Office of the
County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the
County Attorney's Office and signature pages from contracts, agreemcnts, etc. that have been fully
executed by all parties exccpt the Bee Chainnan and Clerk to the Board and possibly State
Officials.
All handwritten strike-through and revisions have been initialed by the County Attorney's Office and
all other arties exce t the BCC Chainnan and the Clerk to the Hoard
The Chairman's signature line date has been entered a<.; the date of BCC approval of the document or
the final ne otiated contract date whichever is a licable.
"Sign here" tabs are placed on the appropriate pages indicating where the Chainnan's signature and
initials are re uired.
In most cases (some contracts are an exception), the original document and this routing sUp should be
provided to Sue Filson in the BeC office within 24 hOUTS of Bee approval. Some documents are
time sensitive and require forwarding to Tallahassee within a certain time frame or the BCe's actions
are nullified. Be aware of 'our deadlines!
The document was approved by the Bee on November 10. 2009 and all changes made during
the meeting have been incorporated in the attached document. The County Attorney's Office
has reviewed the chan es, if a licable.
Please return 1 copy to Scott Teach, Deputy County Attorney and t copy to Tom Wides,
o erations Director, pun
2,
3,
4,
5,
6,
7
17G
t~ =tI;\ ,\(}
. ~\ fw(oq
Patricia L. Mor~an
From:
Sent:
To:
Subject:
T each Scott [ScottT each@colliergov.net)
Tuesday, November 10, 2009 2:39 PM
Patricia L. Morgan
RE: Quick Question" Item #17G
Trish,
I don't think this is problematic The fee resolution was a companion to the Ordinance-the Ordinance references the
mechanism for establishing fees is accomplished via a separate resolution, While #17 items is reserved for advertised
public hearings, as you note, it is not necessary to advertise a resolution such as this one, In any event, the Executive
Summary for this agenda item provided additional notice of the request for approval of the ordinance and the
resolution Thank you for passing along this Issue for my further consideration,
Scull R ,I each
I )q)U1\ ('uunt) Atturne)
(\,lli,'1 (uunty, Florida
I c\ (2J9) 252-840(j
Fax: (239) 252-6300
From: Patricia L, Morgan [mailto:patricia,morgan@collierclerk,com]
Sent: Tuesday, November 10, 2009 2:11 PM
To: TeachScott
Subject: Quick Question",. Item #17G
Scott,
Under Item #17G, there was both an advertised Towing Ordinance and then there was a Resolution
for the fee schedule, The ordinance's legal notice ran properly and we have the affidavit My question
is this: how can we have a resolution under Item #17 which is the section for advertised public
hearings if the resolution was not advertised? I know that we do not have to generally advertise
resolutions, but how can it be under that section if it hasn't been advertised? Please let me know,
Thank you for your assistance,
Trish Morgan, BMR Manager
Clerk to the Board and VAB
Minutes and Records Department
(239)252-8399 Phone
(239)252-8408 Fax
patrici a, morgan (<Veall ierclerk, com
MEMORANDUM
Date:
December 1, 2009
To:
Scott Teach, Deputy County Attorney
County Attorney's Office
From:
Ann Jennejohn, Deputy Clerk
Minutes & Records Department
Re:
Ordinance 2009-60: Amending Ordinance Number 2008-47
by further clarifying language and addressing requirements
for non-consent law enforcement vehicle towing, private
property towing, storage of vehicles, maximum chargeable
fees by tow truck companies and provisions concerning
vehicle immobilization (booting)
Attached for your records is a copy of the Ordinance referenced above
(Agenda Item #17G), adopted by the Board of County Commissioners on
Tuesday, November 10, 2009.
I have also provided Sheriff Kevin Rambosk a copy of the Validated
Ordinance.
If you should have any questions, please call me at 252-8406.
Thank you.
Attachment (I)
17G .~rt
MEMORANDUM
Date:
December 1, 2009
To:
Kevin Rambosk, Sheriff
Collier County Sheriffs Department
From:
Ann Jennejohn, Deputy Clerk
Minutes & Records Department
Re:
Ordinance 2009-60: Amending Ordinance 2008-47 by
further clarifying language and addressing requirements
for non-consent law enforcement vehicle towing, private
property towing, storage of vehicles, maximum chargeable
fees by tow truck companies and provisions concerning
vehicle immobilization (booting)
Attached for your records, please find a copy of the Ordinance referenced
above (Agenda Item # 17G), adopted by the Board of County Commissioners
on November 10, 2009.
If you should have any questions, please call me at 252-8406.
Thank you.
Attachment (1)
17G Mtll
17 G ~i~rt
ORDINANCE NO. 2009-~
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NUMBER
08-47, WHICH REGULATES NON-CONSENT LAW ENFORCEMENT
TOWING, PRIVATE PROPERTY TOWING, AND STORAGE OF
VEHICLES, BY PROVIDING FOR AMENDMENTS TO THE
FOLLOWING SECTIONS: TITLE; DEFINITIONS; MAXIMUM
TOWING STORAGE, AND RELATED RATES PERTAINING TO NON-
CONSENT TOW SERVICES, AS WELL AS PRIVATE PROPERTY
TOWING, AND IMPOUND; TOWING WITH PRIOR EXPRESS
INSTRUCTION OF REAL PROPERTY OWNER OR AUTHORIZED
AGENT AND/OR LAW ENFORCEMENT AGENCY; NOTICE
REQUIREMENTS FOR REMOVING VEHICLESNESSELS FROM
PRIVATE PROPERTY; TOW TRUCK 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 EI<'FECTIVE DATE.
WHEREAS, the Board of Commissioners desires to amend Ordinance No. 2008-47 to
provide additional regulations for the operation of companies utilizing immobilization devices on
vehicles within Collier County, Florida, to modify posting requirements pertaining to
occupational licenses at storage facilities, and to bring clarity to existing language in the
ordinance to promote public understanding without affecting a substantive change; 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 November 10, 2009, the Board of County Commissioners approved
amending those sections of Ordinance No. 2008-47 as set forth below.
Words struck throllgh are deleted and words underlined are added.
176_1
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that Collier County Ordinance
No. 2008-47, is hereby amended to read as follows:
Section One:
Section One of the Ordinance is hereby amended to read as follows:
Title.
This article shall be known and cited as the "Collier County Non-Consent Towing,
Private Property Towing, Immobilization. and Storage of Vehicles Ordinance."
Section Two:
Section Two ofthc 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.
2
Words struck through are deleted and words underlined are added.
176 )~
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 agcnt 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.
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 governmcntal unitllaw enforcement ollicer has determined necessary
the removal of a vehiclc/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 26,00 I pounds gross vehicle weigh; (b) is designed to
transport more than 15 persons, including the drivcr: 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/vcssel, including from non-use, lack of fuel, mechanical
malfunction or because such movement, except by being towed, would otherwisc be illegal or
violate a private rule.
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17G
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: (I) the name of the law enforcement
agency, (2) the law cnforcement agency case number, (3) a dctailed 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.
Gross Weight shall mean the weight of a tow truck in pounds plus the weight of the
vehicle(s)/vessel(s) or other machincry and the contents being towed.
Incapacitated means any person who is then physically or legally unable to operate the
towed vehicle/vesscl at that time of the rotation request made by law enforcement because of that
person's physical condition, including sickness, injury, bcing under the influence of alcohol or
controlled substancc, 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 othcr mechanism which causes a
vehicle to be immobile or otherwise renders a vehicle immobile or in operable.
Immobilization Company means the private partnership. corporation or other privately
owned business entity. including sole proprietor. engaged in the immobilization of vehicles.
4
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17G :!
including the utilization of a "boot" or other mechanism which 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)(I) (3) inclusive; or subsection 9443.10(1), (6) or (8).
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).
Thc entire background surface and all lettering must at a minimum be type I engineered grade
sheeting (ASTM D4956-0 I). 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 thc 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 sball include both
"Law Enforcement Officer Tows" and "Private Property Impounds/Tows" as defined herein.
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17G .~
Operator shall mean any person who provides the services of recovering, towing, or
removing vehiclcs/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.
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 amendcd, 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 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.
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17G .~
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 privatc.
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 cntity 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
7
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17G
.'~
'1
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 tor compcnsation.
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.
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 othcr substantially similar means of
wheeled transportation.
Vessel is synonymous with boat as referenced in s. I (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 oftransportation on water in and around the state
of Florida.
Wrecked means a vchicle that cannot be driven away from its location because of the
physical condition of that vehicle/vessel, including from non-use.
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17G i'
Section Threc:
Section Four of the Ordinance is hereby amended to read as follows:
Maximum towing, storage and related rates pcrtaining to non-consent tow services,
as well as, private property towing, lHHl 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 and/or storage related fees or charges
required or authorized by law which supcrsedes this article. Also, limited to the specific towing
or immobilization operation and/or storagc, this article does not afTect any then existing rights of
the towing or immobilization company to recovcr from any person or entity all costs actually
paid by the towing company for filing any lorm(s), taking any legal action(s), and/or otber
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 pcr 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 bascd upon the distance
from the towing business' location to the scene and back.
(3) Storage charges that shall begin six (6) hours aftcr 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
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17G
in for storage at 6:00 p.m., between 6:00 p.m. and 12:00 a.m. no storage charge
applies, at ] 2:01 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 authorizcd 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
resulting from a private property impound tow per Florida Statute ~
7]5.07.
(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 invcstigating law enforcement agency. The only
exceptions to this rulc are:
(a) When thc condition of thc 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) Whcn 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
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17G t~
(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 S 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
Certification Number, correspondence copies, etc.), thereby establishing
that fees have actually been expendcd.
(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 bc applied bctween 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 lows, when:
(a) Impounded vehicles/vessels are recovered by the owner or authorized
drivcr/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 of1icer be present at the time agreed upon to recover the
property sougbl. I I' it is found that the authorized driver/agent of the
I)
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17G
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 requircd, mandated and/or licensed
through federal, state or local laws and approved by thc investigating law
enforcement agency/officer.
(9) Rates for the release of an immobilization device.
Section Four:
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, 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 vchicle/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.
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17G
(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 or
immobilization in Collier County must have their storage facility and principal an oflice 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
payor accept money or other valuable consideration for the privilege of towing. immobilizing or
removing vehicles or vessels from a particular location as mandated by Fla. Stat. F.S. 9
715 .07( 4)(2)(a)( 4).
The tow truck or immobilization company recovenng, towing or removing a
vehicle/vessel shall, within thirty (30) minutes of completion of such towing 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, the time the vehicle was secured to the towing vehicle/vessel, and
the make, model, color and vehicle license plate number (if any) or registration number of the
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 record.
For Ai!ll vehicles/vessels removed or immobilized by the i! tow truck or immobilization
company, shall complete a private property tow or immobilization fuffiI ticket shall be completed
and signed by tbe property owner or representative at the time of the tow or immobilization that
includes that individual's driver's license number and which includes the following information:
the year, make, modcl, 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
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17G !~
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.
(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.
(d) Except as otherwise provided in this article, no such prior express instruction shall
be considered to have been given:
(I) 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) Whcre the prior cxpress 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, thc names and titles of all persons (i.e., owner, property manager,
condominium prcsident, etc.) who have the authority to appoint persons (i.e., security guard,
night watchman, on site 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 service. Any addendum to the
contract shall include additional namcs and titles as necessary. No such contract shall state that
the tow truck or immobilization company assumes the liability for improperly towed or
immobilized vehicles/vessels, contrary to F.S. ~ 715.07(4). The tow truck or immobilization
14
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17G"
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 requcst 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 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 thc requirements of this subsection by entering into
an addendum to the current contract within one (I) year following the enactment of this article.
(1) Tow truck or immobilization companies may not enter into a written contract with
the owner of private property that authorizes the tow truck or immobilization 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) 1, as may be amended from time
to time.
(g) Real property owncrs 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 causcs 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 storagc 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
15
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17G ;~
provisions of this ordinance or the provIsions of any applicable statute pursuant to which a
vehicle is immobilized. as follows:
(1 ) Only tow or immobilization companies properly licensed in accordance
with State law and all applicable Collier County ordinancc requirements 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 vehiclc part if placement on the driver's side front wheel is not
feasible.
(4) Immediately after a vehicle is immobilized. thc 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 at1ix upon the window adiacent
to the driver's seat of such vehicle. a sticker with a completely removable
adhesive. measuring eight and onc-half by eleven (8 y, x 11) 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.
16
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17G
(5) Upon request of the immobilized vehicle's owner or authorized
driver/agent, and payment of any applicable fee, the tow truck or immobilization
company shall release the immobilized vehicle to the vehicle's owner or
authorized driver/agent within one (1) hour.
Section Fivc:
Section Six of the Ordinance is hereby amended to read as follows:
Notice requirements for removing vehicles/vessels from 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/vcssel 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 thc 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 (I) sign for each twenty-five
(25) feet of lot frontage. The sign shall be permancntly installed not less than four
(4) fect and not more than six (6) feet above ground level and shall be
continuously maintained on the rcal property for not less than twenty-four (24)
hours prior to the towing, immobilization or removal of any vehicle/vessel(s).
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176 \1
(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 A WAY AT THE OWNER'S EXPENSE." The words
"TOW-A WAY 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 A WAY 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 towed or immobilized away at the
owner's expense; and the name, address and current telephone number of the tow
truck or immobilization company performing the towing service.
(2) Light reflective signs must be maintained or replaced so that they are clearly
visible, legible and light ref1ective 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 privatc 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
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17G ~~
(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) E)(cept as ether.,vise ]3rovided herein. Wwhen 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 dcsignated representative authorizing the tow or
immobilization shall sign their name and print their driver's license number on the tow
ticket and include a vehicle condition report and a visual inventory list authorizing; the
taw thereon. 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 rcasonable
service fee of not morc 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
immobilization dcvice. 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
19
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176 i~
the vehicle/vcssel is occupying thc vehicle/vessel and refuses to vacate same, in addition
to the drop charge, tfle !! 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 detail cd 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 Six:
Section Seven of the Ordinance is hereby amended to read as follows:
Tow truck/Immobilization company requircments.
(a) Tow truck or immobilization 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/vcssels and storage provided in connection therewith.
Tow truck companics Such persons 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 immobilization devices, a statement that the rates do not exceed tbe rates established
and authorized pursuant to this article and thc rights alTorded to a vehicle/vessel owner or
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17 G .~.
authorized driver/agent pursuant to state statutes. The above information shall be posted
prominently in the area designated by such companies for the vehiclel'iessel owner or authorized
driver/agent 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 thc 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 immobilization companies shall provide signage on the property
clearly visible from the strect (unless othcrwise 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/agcnt who calls by telephone prior to
arriving at the storage facility or. in the case of immobilized vehicles. the immobilized vehicle's
location, ofthe following:
(i) Each and every document or other item which must be produced to
retrieve the vehicle/vessel;
(ii) The cxact charges as of the time of the telephonc call, and the rate at
which charges accumulate after the call;
(iii) The acceptable mcthods of payment; and
(iv) The hours and days the storage facility is open for regular business.
(1) Tow truck or immobilization companies providing services pursuant to this article
shall allow every vehicle/vesscl owner or authorized driver/agcnt to inspect the interior and
exterior of the towed vehicle/vessel upon his or her arrival at the storage facility or the
immobilized vehicle's location before payment of any charges. With the exception of
vehicles/vessels being held pursuant to the specific request or "hold order" of a law enforcement
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176 d
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) Tow truck Ceompanies 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 serviccs 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 storagc facilities. eaeh of which 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 thc 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 (I)
hour.
(i) Tow truck or immobilization companies shall not, as a condition ofrelease 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 thc legal name of the tow or
immobilization truck company removing the vehicle/vessel shall be given to the vehicle owner or
authorized driver/agent at the time of payment, wbere requested or not.
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17 G ".
(j) Tow truck or immobilization 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, or to have an immobilization device removed that if the
owner or authorized driver/agent believes he/she is being overcharged for a non-consent tow or
immobilization, 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 releasc 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 certiticate notitying 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) 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 ofvchicles/vessels or storage provided in connection therewith.
(1) Tow truck or immobilization 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 tollows:
(i) Auto liability lor each tow truck:
I. $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.
(iii) Garage kecper's liability: $50,000.00 for anyone vehicle and $100,000 per
occurrence.
(iv) $50,000 on-hook cargo liability coverage for each vehicle.
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17 G :t~
(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.
Section Seven:
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 oflaw incorporated
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 tor a period of sixty (60) days.
(c) This article shall not apply to the towing 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.
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176 '~
Section Eil!:ht:
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 thc ordinance may be renumbered or
re-lettered to accomplish such, and the word "ordinance" may be changed to "section,"
or any other appropriate word.
Conflict and sevcrability.
Section Nine:
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
separate, distinct and independent provision and such holding shall not affect the validity of the
remaining portion.
Section Ten:
Effective Date.
This ordinance shall take effect upon filing with the Florida Department of State.
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17G
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County,
Florida this )() Ih day of November, 2009.
ATTEST:
DWIGHT E. BR9~> CLERK
-..,-,:"", . :.:",,;:,1 '~I.'
,.,,'.' " ,(',
RY~~_G
'f~tL1~' ~~.~~"., .(.;o~.,
Approved as to form and
legal sufficiency:
~JI J2J~L
Scott R. Teach
Deputy County Attorney
BOARD OF COUNTY COMMISSIONERS OF
COLLIER CO~Y. FLORIDA
/, . ,/ -
By: ~.j(. .-:-Z<1-4.
DONNA FIALA, CHAIRMAN
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17 G l'
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 2009-60
Which was adopted by the Board of County Commissioners
on the lOth day of November, 2009, during Regular Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 16th
day of November, 2009.
DWIGHT E. BROCK
Clerk of Courts anc'(Clerk
Ex-officio to BoarCJ,.of
County commiss~oners
~ ~O-C.
By: Ann Jennejohn,
Deputy Clerk