Agenda 09/09-10/2008 Item # 8A
EXECUTIVE SUMMARY
This item to be heard at1 :00 p.m. following Item 12B. Recommendation that the Board of County
Commissioners approve an ordinance repealing Ordinance Number 99-38, as amended
(“Maximum fees for non-consent towing and storage of vehicles” ;), to establish new
requirements for non-consent law enforcement towing of vehicles, to address requirements for
private property tows, to provide for updated maximum fees for non-consent law enforcement
towing, private property towing, and the storage of towed vehicles, and to facilitate the future
adjustment of fees as necessary, by approving a Resolution establishing maximum fees as
required by the proposed ordinance. (Michelle Arnold, Scott Teach, Diane Flagg)
OBJECTIVE:To obtain the Board of County Commissioner’s (BCC) approval of an ordinance
repealing Ordinance Number 99-38, as amended, which sets forth new requirements for non-consent law
enforcement towing, addresses private property tows, and includes a mechanism to facilitate the future
adjustment of fees, as necessary, through a Resolution that is also presented for the Board’s
consideration and approval.
CONSICERA TIONS:
At a regular scheduled BCC meeting on February 12, 2008, during the public petition portion of the
agenda, discussion was had pertaining to the current fees for non-consent towing and storage of law
enforcement towed vehicles as governed by Ordinance Number 99-38, as amended. Included in that
discussion were concerns about the need to address private property tows and issues related to
undesirable practices in the tow truck industry. Prior to that meeting, the County Manager had been
reviewing those issues with the intent of bringing a more comprehensive ordinance to the Board. With the
Board’s direction, the County Manager and staff subsequently met with members of the tow truck
industry and drafted an ordinance that repeals the aforementioned ordinance and expands the scope of
current county law governing tow truck operations. In part, the ordinance:
. Establishes new requirements for Non-Consent Law Enforcement Towing of Vehicles that
specifically articulates the duties and responsibilities of tow truck operators working on rotation.
. Addresses private property tows by incorporating provisions that promote the interests of persons
whose vehicle/vessel have been towed, while at the same time balancing the realities of the towing
industry.
. Creates a mechanism to facilitate future adjustment of towing and storage fees through a separate
Resolution (attached) in the event that increased fuel and other expenses require further adjustment
of fees.
In addition, the Resolution accompanying the Ordinance establishes new maximum fees for towing,
storage, and other related services for both non-consent law enforcement and private property tows.
FISCAL IMPACT:None
GROWTH MANAGEMENT IMPACT:None.
LEGAL CONSICERATIONS:This Ordinance and the attached Resolution have been reviewed
and approved by the County Attorney’s Office for form and legal sufficiency and are legally
sufficient for Board action. – SRT
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RECOMMENDA TION:That the Board of County Commissioners approve and
Ordinance repealing Ordinance Number 98-38, as amended, and the Resolution establishing maximum
fees for non-consent law enforcement towing, private property towing, and the storage of vehicles/vessels
and related fees
Prepared By:
Department
Code Enforcement
Date
8/14/20084:42:52 PM
Approved By:
Department
Approval
Date
County Attorney Approved
8/28/2008 12:45 PM
Approved By:
Department
CDES
Approval
Approved
Date
8/28/2008 1 :32 PM
Approved By:
Department
Offioeof
Management
and Budget
Approval
Date
Approved
8/28/20084:08 PM
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Approved By:
Department
Approval
Date
County
Manager's Office Approved
8/28/20084:38 PM
ATTACHMENTS:
Name: Description:
L:I: Tow Truck Ordin~ Towing Ordinance
[) I.o~--Ir:ukILR"e:SQJ.Y1kmJldf Towing Resolution
Type:
Ordinance
Resolution Letter
ORDINANCE NO. 2008-_
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AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, REPEALING ORDINANCE NUMBER
99-38, AS AMENDED ("MAXIMUM FEES FOR NON-CONSENT
TOWING AND STORAGE OF VEHICLES"), TO ESTABLISH NEW
REQUIREMENTS FOR NON-CONSENT LAW ENFORCEMENT
TOWING OF VEHICLES; PROVIDE FOR UPDATED MAXIMUM FEES
FOR NON-CONSENT LAW ENFORCEMENT TOWING, PRIVATE
PROPERTY TOWING, THE STORAGE OF VEHICLES, AND TO
FACILITATE THE FUTURE ADJUSTMENT OF FEES AS NECESSARY;
TO ADDRESS REQUIREMENTS FOR PRIVATE PROPERTY TOWS;
PROVIDING FOR PENALTIES AND ENFORCMENT; 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 provide additional regulations for the
operation of tow trucks operated within Collier County, Florida; and
WHEREAS, the Board of Commissioners directed staff to specifically consider the
provisions of existing Ordinance nwnber 99-38 as it pertains to maximwn fees and rates
governing the non-consent towing and storage of vehicles; and
WHEREAS, the Board of County Commissioners believes that the attached Ordinance
should supersede and replace Ordinance Nwnber 99-38 in its entirety; and
WHEREAS, the Board of County Commissioners believes that regulations proposed in
this Ordinance promote and enhance the health, safety and welfare of its citizens.
NOW, THEREFORE, BE IT RESOLVED BY TIlE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA that:
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Section One: Title.
This article shall be known and cited as the "Collier County Non-Consent Towing,
Private Property Towing, and Storage of Vehicles Ordinance."
Section Two:
Definitions.
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 S 713.78, Florida Statutes.
Authorized person (for a vehicle/vessel) means any individual who at the time a decision
to select a towing company is made, has lawful, actual or constructive physical possession or
custody of that vehicle/vessel, including, prioritized in this descending order: registered owner
or co-owner of the vehicle/vessel, operator of the vehicle/vessel, bailee of the vehicle/vessel, or
licensed passenger who is then 16 years of age or older, or insurance company authorized by the
owner or co-owner of a vehicle/vessel.
Authorized agent (for a property) means any agent or authorized agent for a property
owner who has ",Titten authority to sign for an absentee owner or association board for the
removal of a vehicle or vessel parked on real private property.
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Authorized wrecker operator means a wrecker operator who is then designatedas p
the wrecker operator system established by the governmental unit that then has jurisdiction over
the scene of a wrecked or disabled vehicle (including, when applicable, the Division of Florida
Highway Patrol), where the governmental unit/law enforcement officer has determined necessary
the removal of a vehicle/vessel by rotation wrecker.
Commercial Motor Vehicle is defined as follows: Any motor vehicle or motor vehicle
combination used on the streets or highways, which: (a) has a gross vehicle weight of 26,001
pounds or more, or has three or more axles regardless of weight, or is used in combination when
the weight of such combination exceeds 26,00 I pounds gross vehicle weigh; (b) is designed to
transport more than 15 persons, including the driver; or (c) is transporting hazardous materials
and is required to be placarded in accordance with Title 49 C.F.R. part 172, Subpart F.
Disabled means a vehicle/vessel that cannot be moved by its own power because the
physical condition of the towed vehicle/vessel, including from non-use, lack of fuel, mechanical
malfunction or because such movement, except by being towed, would otherwise be illegal or
violate a private rule.
Extra time at scene shall mean any extra time beyond one-half (112) 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 swnmoned and is on scene but unable to proceed through no
fault of the tow truck operator. All extra billable time shall be docwnented by the tow truck
operator and shall include the following information: (I) the name of the law enforcement
agency, (2) the law enforcement agency case nwnber, (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 nwnber.
The docwnentation shall also include a detailed explanation of the services rendered which
necessitated the additional charges. Extra time on scene shall be charged in fifteen-minute
increments.
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Gross Weight shall mean the weight of a tow truck in pounds plus the weight of the
vehicle(s)/vessel(s) or other machinery and the contents being towed.
Incapacitated means any person who is then physically or legally unable to operate the
towed vehicle/vessel at that time of the rotation request made by law enforcement because of that
person's physical condition, including sickness, injury, being under the influence of alcohol or
controlled substance, being under arrest, being detained, revocation or suspension of that
person's operator's license or permit, or any other condition that the jurisdictional law
enforcement officer determines is justification to call a wrecker off of rotation.
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 defmed by
federal law or by Florida Statute, including subsection 112.531(1), any subsection of
316.1906(1)(d)(1) (3) inclusive; or subsection 9443.10(1), (6) or (8).
Law Enforcement Tow shall mean any tow authorized by any jurisdictional law
enforcement officer where an authorized wrecker operator is dispatched off of the wrecker
rotation system (a non-consent tow).
Light reflective sign shall mean an eighteen-inch wide by twenty-four inch high sign
made of aluminum (at least 0.040 thickness) or fiber reinforced plastic (at least 0,090 thickness).
The entire background surface and all lettering must at a minimum be type I engineered grade
sheeting (ASTM D4956-01). 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
storage yard to the location of an accident scene or scene of a rotation call authorized by a
,
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Non-consent towing means the recovery, towing, removal and storage of a vehicle/vessel
without authorization of the vehicle/vessel owner or authorized driver and shall include both
"Law Enforcement Officer Tows" and "Private Property Impounds/Tows" as defined herein.
Operator shall mean any person who provides the services of recovering, towing, or
removing vehicles/vessels and any vehicle/vessel storage services associated therewith and
includes without distinction the owning of a towing firm and the driver of a tow truck.
Person shall mean any natural person, firm, partnership, association, corporation or other
entity of any kind whatsoever.
Private property means all tangible 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. S 715.07, as may be amended, when the authorized
agent for the property or the owner of the property has requested removal of the vehicle/vessel.
Private rule means restrictive covenant, deed restriction, parking ticket restriction, and
any other private rule or regulation that prohibits that type of vehicle/vessel from being at or on
that private property at that time, and towing 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
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exercise or share dominion and control over real property; provided, however, tha~'ifflsl-9=~, ~.9.-
owner" shall not mean or include a person providing towing services within the purview of this
article.
Recover shall mean to take possession of a vehicle/vessel and its contents and to exercise
control, supervision and responsibility over it; including removal of vehicles from a canal or
other body of water, wooded area, or any other unpaved area.
Remove shall mean the removal of a vehicle/vessel from a canal or other body of water, a
wooded area not readily accessible to a roadway (i.e., within a standard cable length) or when a
vehicle/vessel is buried. This includes tovving, winching, skating, using go jacks, or any other
method employed by towing companies.
Road means alley, court, drive, driveway, highway, interstate highway, lane, parking lot,
street, or any other substantially similar place, public or private.
Scene means a physical location from where a vehicle is towed following response
thereto by a law enforcement officer, including with regard to an impounded vehicle/vessel or an
abandoned vehicle/vessel.
Storage means retaining actual physical possession of a vehicle/vessel at a private storage
facility anywhere in Florida, for consideration, including storage at such a private storage facility
by or on behalf of a governmental entity or agency of any subdivision thereof. Storage shall
further mean to place and leave a towed vehicle/vessel at a location where the person providing
the towing services exercises control, supervision and responsibility over the vehicle/vessel.
Storage facility shall mean the location where towed vehicle/vessels are stored.
Tow shall mean to haul, draw or pull along a vehicle or vessel by means of a tow truck
(wrecker) for hire equipped with booms, car carriers, winches or similar commercially
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manufactured equipment. This is usually done by transporting vehicle/vessels throng 'lil" ~_.
other than the towed vehicle/vessel's power source by pulling the vehicle/vessel behind a truck or
transporting the towed vehicle/vessel on a truck bed or other substantially similar conveying
vehicle/vessel that has four or more wheels.
Towing company means any private partnership, corporation or other privately owned
business entity, including sole proprietor, engaged in the operation of towing vehicles/vessels by
means of a tow truck slide bed, wrecker or any other form of towing apparatus designated for the
purpose of transporting motor vehicles or vessels. This definition includes any person, company,
corporation, or other entity, which engages in, owns or operates a business that provides non-
consent towing, recovery, removal and storage of vehicles/vessels for compensation.
Tow truck placard shall mean a decal or sign issued by the local government agent,
authorized jurisdictional law enforcement agency, or similar governmental body, which is placed
upon any tow truck to designate authorization to engage in non-consent tows and to allow
parking in specially designated areas authorized by the county or jurisdictional governing body.
Unavailable means that no authorized person is physically present at the scene; or IS
present, but is incapacitated. When no accident scene is involved, an authorized person is
unavailable if he or she cannot readily be contacted to be asked to decide which towing company
can tow that vehicle/vessel on that occasion.
Vehicle means a machine or other substantially similar thing designed or used to transport
one of more persons and/or property over road or land in the state of Florida, and that has two or
more wheels, and is propelled by its own engine, motor, or pulling animal( s). Vehicle includes
car, truck, trailer, semi-trailer, motorcycle, motor scooter, moped, bus, van, recreational vehicle,
all-terrain vehicle, golf cart, animal-drawn vehicle, and every other substantially similar means of
wheeled transportation.
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Vessel is synonymous with boat as referenced in s. l(b), Art. VII of the State Constitution
and includes every description of watercraft, barge, and airboat, other than a seaplane on the
water, used or capable of being used as a means of transportation on water in and around the state
of Florida.
Wrecked means a vehicle that cannot be driven away from its location because of the
physical condition of that vehicle/vessel, including from non-use.
Section Three:
Tow truck class specifications.
All tow truck vehicles must meet the following requirements and be commercially
manufactured and meet all federal transportation and tow truck requirements.
(a) Class A ratings:
Tow truck
I. Minimum gross weight.. .19,000 lbs.
2. Minimum telescoping boom capacity.. .16,000 Ibs.
3. Minimum dual winching capacity. . . 8,000 Ibs.
4. Minimum cable size and length.. .3/8"x I 00'
5. Minimum wheel lift retracted rating.. .5,000 Ibs.
6. Minimum wheel lift extended rating.. .3,000 lbs.
7. Minimum tow sling safe lift, , .3,500 Ibs.
8, Minimum 10' safety chains (2 each) ...5/16" grade 70
9, Minimum cab to axle dimension,. .60"
Car carrier
I. Minimum gross weight.. .19,000 lbs.
2. Minimum deck capacity... I 0,000 Ibs.
3, Minimum length.. ,I 9'
4. Minimum winching capacity (1)...8,000 Ibs.
5. Minimum cable size and length...3/8"x50'
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Minimum tie down chains (4 each) ...5/16" grade 80 ~ '""lc_JJ-:1;;. '1) J
Tie down straps (optional) (4 each), per each wheel.. .2,000 Ibs.
Minimum cab to axle dimension. . .120"
Minimum wheel lift capacity for second vehicle.. .2000 lbs.
Light duty - Non-law enforcement towing
I. Minimum gross weight... I 0,000 lbs.
2. Minimum weight of tow truck.. .4,000 lbs.
3. Minimum wheel lift extended rating.. .2,500 lbs.
4. Minimum cab to axle dimension.. .60"
(b) Class B ratings (medium duty):
Tow truck
1. Minimum gross weight...30,000 Ibs.
2. Minimum extendable boom capacity.. .24,000 lbs.
3. Minimum winching capacity, dual.. .12,000 lbs.
4. Minimum cable size and length...7!l6"xI50'
5. Minimum wheel lift retracted rating... I 0,000 lbs.
6. Minimum wheel lift extended rating... 7,000 lbs.
7. Minimum tow sling safe lift...3,500 lbs.
8. Minimum safety chains (2 each) .. .3/8" grade 80
9. Minimum cab to axle dimension...96"
10. Required state DOT registration
Car carrier
1. Minimum gross weight.. .25,500 lbs.
2. Minimum deck capacity.. .15,000 lbs.
3. Minimum wheel lift capacity for second vehicle.. .4,000 lbs.
4. Minimumlength...21"
5. Minimum winching capacity (1)...8,000 Ibs.
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6. Minimum cable size and length.. .3/8"x 50' (I.~~~ I
7. Minimum tie down chains (4 each) ...5/16" grade 80
8. Tie down straps (optional) (4 each), per each wheel.. .2,000 Ibs.
9. Minimum cab to axle dimension. . .120"
10. Required state DOT registration
(c) Class C ratings (heavy duty):
1. Minimum gross weight... 58,000 lbs.
Air brakes, all tires H rated, capacity must equal axle rating. Device required
controlling disabled vehicle's brakes. Tandem axles required.
2. Minimum telescoping boom capacity. ..100,000 lbs.
3. Minimum winching capacity (dual).. .50,000 lbs.
4. Minimum cable size and length...3/4" x 250'
5. Minimum wheel lift retracted rating.. .40,000 lbs.
6. Minimum wheel lift extended rating... 15,000 Ibs.
7. Minimum heavy-duty tow bar rating... 10,000 lbs.
8. Minimum safety chains (2 each).. .112" grade 80
9. Minimum cab to axle dimension... 18"
I O. Required state DOT registration
Maximum towing, storage and related rates pertaining to non-consent
tow services, as well as, private property towing and impound.
Section Four:
(a) Limited to the specific towing 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 operation
and/or storage, this article does not affect any then existing rights of the towing company to
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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 and related
services of towed vehicleslvessels, which may be amended from time to time as follows:
(1) Towing services per call, which shall include time from arrival on scene through
the first thirty (30) minutes on scene that the tow truck is actually engaging in the
safe removal of a vehiclelvessel.
(2) A mileage charge for only law enforcement directed tows based upon the distance
from the towing business' location to the scene and back.
(3) Storage charges that shall begin six (6) hours after arrival at the towing company
location and will accrue in twenty-four (24) hour intervals starting each day
thereafter from the time of original arrival to the storage location (e.g., car towed
in for storage at 6:00 p.m., between 6:00 p.m. and 12:00 a.m. no storage charge
applies, at 12:01 a.m. charges for day one storage begins, the next day at 6:01 p.m.
the second day of storage begins), where:
(a) Law enforcement has authorized the vehic1e/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 vehic!e/vessel
resulting from a private property impound tow per Florida Statute S
715.07.
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(4) Indoor storage rates may only be charged upon the express directiJn~dwitf;lb. _.21J
authorization of the owner/authorized driverlagent, lien holder, insurance
company representative or investigating law enforcement agency. The only
exceptions to this rule are:
(a) When the condition of the vehiclelvessel requires indoor storage due to
inclement weather conditions or the vehicle's window(s) and/or
convertible top is down and cannot be raised and indoor storage is
necessary to protect the vehicle and its contents, or
(b) When a municipal or county jurisdiction requires indoor storage for towed
vehicles/vessels.
(5) An administrative/lien fee shall only be charged after the vehiclelvessel 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 vehiclelvessel to be impounded; or
(b) The law enforcement agency has been notified by the tow truck company,
within 30 minutes after completion of such towing or removal, that the
tow truck company is in possession of a vehiclelvessel 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 expended.
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documentation and approval by the investigating law enforcement agency/officer
on scene.
(7) A late-hour gate fee may be applied between the hours of 6:00 p.m. to 8:00 a.m.
Monday through Friday, and 6:00 p.m. Friday to 8:00 a.m. Monday, for law
enforcement tows, when:
(a) Impounded vehicleslvessels are recovered by the owner or authorized
driverlagent during the aforementioned late-hour gate period; or
(b) The owner or authorized driverlagent wishes to recover property from the
impounded vehiclelvessel 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
vehiclelvessel. Tow truck operators may inform the owner or authorized
driver/agent of the vehiclelvessel that helshe 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 driverlagent of the
vehiclelvessel made a false request to recover prescription medication
and/or prescription eyeglasses in order to recover other items, the tow
truck operator may impose a late-hour gate fee double the rate allowed by
this ordinance.
(8) Hazardous material clean-up and disposal as required, mandated and/or licensed
through federal, state or local laws and approved by the investigating law
enforcement agency/officer.
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Section Five:
Towing with prior express instruction of real
authorized agent and/or law enforcement agency.
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In addition to the other requirements of this article, no tow truck company shall, for
compensation, recover, tow, or remove a vehiclelvessel from real property, or provide storage in
connection therewith, without the prior express instruction of the vehiclelvessel 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 vehiclelvessel owner or authorized driver upon Ihe prior express instruction of
a law enforcement agency and in accordance with the terms of any contracts or agreements
between the tow truck company and a governmental entity and/or law enforcement agency.
(b) Private property impound: Tow truck companies may recover, tow or remove a
vehiclelvessel based upon a private property impound without the prior express instruction of the
vehiclelvessel owner or authorized driver, upon the prior express instruction of a real property
owner or his authorized agent on whose property the vehiclelvessel is disabled, abandoned or
parked without authorization or whose vehiclelvessel owner or authorized agent is unwilling or
unable to remove the vehiclelvessel, provided that the requirements of this article are satisfied.
All companies providing private property towing in Collier County must have their storage
facility and principal 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 accept money or other valuable consideration for the
privilege of towing or removing vehicles or vessels from a particular location as mandated by
Fla. Stat. S 7l5.07(4)(2)(a)(4).
The tow truck company recovering, towing or removing a vehiclelvessel shall, within
thirty (30) minutes of completion of such towing or removal, notifY the appropriate law
enforcement agency in which jurisdiction the vehiclelvessel was parked of the nature of the
service rendered, the name and address of the storage facility where the vehicle/vessel will be
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stored, the time the vehicle was secured to the tOWing vehlcle/vessel, and the make, model, col6f
and vehicle license plate number (if any) or registration number of the vessel The tow truck
company shall obtain the name and identification number of the person at the law enforcement
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agency to whom such information was reported and note that name on the trip record.
All vehicleslvessels removed by the tow truck company shall complete a private property
tow form signed by the property owner or representative at the time of the tow, which includes
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the following information: the year, make, model, color and vehicle identification number, the
vehicle license plate number (if any), a statement of any visible damage to the exterior of the
vehiclelvessel, and an inventory of the visible inventory of the vehiclelvessel 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 10 advance of the actual
unauthorized parking of the vehicle/vessel; or
(4) Where the prior express instruction is general in nature and unrelated to
specific, individual and identifiable vehicles/vessels, which are already parked
without authorization.
(e) Each tow truck company shall enter into a written contract with every owner of
private property that authorizes the tow truck company to tow vehicleslvessels from its property.
This written contract shall include the beginning date of said contract, the names and titles of all
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persons (i.e., owner, property manager, condominium president, etc.) who have the auThonty- to
appoint persons (i.e., security guard, night watchman, onsite manager, etc.) who can authorize
prior express instruction to the tow truck company to remove, recover or tow any vehiclelvessel
from its property. The written contract shall also include the name and current telephone number
of the tow truck 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
company assumes the liability for improperly towed vehicles/vessels, contrary to F.s. S
715.07(4). The tow truck 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 officerslagencies may inspect and request a copy of any and all
such contracts from the tow truck company during normal business hours. The tow truck
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 (1) year following the enactment of this article.
(f) Tow truck companies may not enter into a written contract with the owner of
private property that authorizes the tow truck company to tow vehicleslvessels from the real
property owner's property to a storage yard where the mileage restrictions have been exceeded
contrary to F.S. S 7l5.07(2)(a)1, as may be amended from time to time.
(g) Real property owners or authorized representatives shall not request the recovery,
tow, or the removal of vehicleslvessels that are reasonably identifiable from markings or
equipment as law enforcement, fire fighting, rescue squad, ambulance, or other emergency
vehicles which are marked as such or to property owned by any governmental entity.
(h) Any person who improperly causes a vehiclelvessel to be recovered, towed,
removed or stored shall be liable to the vehiclelvessel owner or authorized representative for the
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costs of the services provided, any damages resulting from the recovery, towing, removal or
storage and attorney's fees and court costs.
Section Six:
Notice requirements for removing vehicles/vessels from private real
property.
(a) Tow truck companies duly permitted under this article may recover, tow 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 vehiclelvessel 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
vehic1e/vessel is proposed to be removed and shall fulfill the following requirements:
(i) A light reflective sign shall be prominently placed at each driveway
access/entrance or curb cut allowing vehicular access to the real property, within
five (5) feet from the public right-of-way line. If there are no curbs or access
barriers, the signs shall be posted not less than one (1) sign for each twenty-five
(25) feet of lot frontage. The sign shall be permanently installed not less than
three (3) feet and not more than six (6) fee above ground level and shall be
continuously maintained on the real property for not less than twenty-four (24)
hours prior to the towing or removal of any vehic1e/vessel(s).
(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.
17
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III e Ig t re ectlve sign s c ear y III Icate, III not ess at O-IllC
high letters on a contrasting background, the days of the week, and hours of the
day during which vehicleslvessels will be towed away at the owner's expense; and
the name, address and current telephone number of the tow truck 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 towing company is responsible for
maintaining and replacing signs. In the event the tow truck company goes out of business
or is no longer performing tow services for the real property owner, the real property
owner is responsible for removal of signs. 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 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:
(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 vehiclelvessel owner or
authorized driverlagent that the real property on which the vehiclelvessel is or will
be parked is reserved or otherwise not available for unauthorized vehicleslvessels
and is subject to being removed at the vehicle owner's expense.
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(b) Except as otherwise provided herein, when any real property owner
instructs a vehiclelvessel to be recovered, towed, removed from his or her property and
stored, shelhe or a designated representative shaU sign and print their drivers license
number on the tow ticket include a vehicle condition report and a visual inventory list
authorizing the tow. Immediately upon request, and without demanding compensation,
the real property owner shall inform the vehicle owner or other authorized person in
control of the vehiclelvessel of the name and address of the tow truck company that has
recovered, towed or removed the vehic1e/vessel.
(c) If the vehic1e/vessel owner or authorized driver/agent arrives at the scene
prior to the vehiclelvessel being removed or towed from the property, the vehic1e/vessel
shall be disconnected from the tow truck and the vehiclelvessel owner or authorized
driverlagent shall be allowed to remove the vehiclelvessel without interference upon the
payment of a reasonable service fee of not more that one-half (112) of the posted rate for
such towing service (drop charge), for which a receipt shall be given, unless that person
refuses to remove the vehiclelvessel, which is unlawfuUy parked. The billlinvoice must
be presented to the vehic1e/vessel owner authorized/driverlagent prior to request for the
payment. In the event the owner/driver of the vehiclelvessel is occupying the
vehiclelvessel and refuses to vacate same, in addition to the drop charge, the tow truck
company/driver is permitted to charge extra time at the scene where law enforcement
involvement is necessary and the tow truck driver obtains the name of the law
enforcement agency, case number of the law enforcement agency and the name and badge
number of the investigating law enforcement officer. The tow truck driver shall also
prepare detailed documentation/explanation as to why "extra time at scene" charges were
required. AU documentation shaU be provided to the vehicle/vessel; owner or authorized
agent upon demand.
Section Seven:
Tow truck company requirements.
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(a) Tow truck companies providing services pursuant to this article shall not do so
when there is a person or animal occupying the vehicle/vessel.
(b) Tow truck companies providing services pursuant to this article shall transport the
vehicle/vessel directly to the storage facility of the tow truck company providing the service, or
to such other location as a law enforcement officer authorizing the tow may expressly direct, and
shall not keep the vehicle/vessel in any temporary holding area.
( c) Tow truck companies providing services pursuant to this article shall keep on file
complete records of all current rates charged for the recovery, towing or removal of
vehicles/vessels and storage provided in connection therewith. 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, a statement that the rates do not exceed the rates established and
authorized pursuant to this article and the rights afforded to a vehicle/vessel owner or authorized
driver/agent pursuant to state statutes. The above information shall be posted prominently in the
area designated for the vehicle/vessel 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 the vehicle/vessel owner or authorized driver/agent of the right to
request and review a complete schedule of charges and rates for towing services for the
jurisdiction in which the law enforcement order to tow was made.
(d) Tow truck 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 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 of the following:
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(i) Each and every document or other item which
retrieve the vehicle/vessel;
(ii) The exact charges as of the time of the telephone call, and the rate at
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must be produced to
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.
(f) Tow truck 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 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 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 companies providing services pursuant to this article shall not store or
impound a towed vehicle/vessel at a distance which exceeds a ten-mile radius of the location
within Collier County from which the vehicle/vessel was recovered, towed or removed unless no
towing company providing services under this section is located within a ten-mile radius, in
which case a towed or removed vehicle/vessel must be stored at a site within ten (10) miles of the
point of removal.
(h) Tow truck companies providing services pursuant to this article shall maintain one
(I) or more storage facilities, each of which shall maintain a current county occupational license
and shall be open for the purpose of redemption of vehicles/vessels by owners or authorized
drivers/agents on any day that the tow truck company is open for towing purposes from at least
8:00 a.m. to 6:00 p.m., Monday through Friday and, when closed, shall have posted prominently
on the exterior of the storage facility and place of business, if different, a notice indicating a
telephone number where the tow truck company can be reached at all times. Upon request of the
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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 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 company from liability for damages noted by the
vehicle/vessel owner or authorized driver/agent at the time of the vehicle/vessel's release. A
detailed, signed receipt showing the legal name of the tow truck 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.
G) Tow truck companies providing services pursuant to this article shall post a notice
clearly visible to the vehicle/vessel owner or authorized driver/agent seeking to recover his/her
towed vehicle/vessel, that if the owner or authorized driver/agent believes he/she is being
overcharged for a non-consent tow, he/she has the right to post a cash or surety bond (or other
adequate security equal to the amount of the charges for towing or storage) for the disputed
amount with the circuit court to obtain release of the vehicle/vessel. Upon the posting of the
bond as set forth in Section 713.78, Florida Statutes, and payment of the applicable fee set forth
in Section 28.24, Florida Statutes, the clerk of the court shall issue a certificate notifYing the
lienor of the posting of the bond and directing the lienor to release the vehicle or vessel. The
towing company is obligated to release the vehicle upon a showing of proof of the bond.
(k) Nothing in this article shall prevent the Collier County Sheriff from providing
additional or more restrictive requirements in contracts or arrangements which authorize the
recovery, towing or removal of vehicles/vessels or storage provided in connection therewith.
(I) Tow truck companies operating in Collier County shall carry an insurance policy
or policies or certificates of insurance that shall indemnifY/insure such company for its liability,
at a minimum, as follows:
(i) Auto liability for each tow truck:
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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:
I. $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 keeper's liability: $50,000.00 for anyone vehicle and $100,000 per
occurrence.
(iv) $50,000 on-hook cargo liability coverage for each vehicle.
(v) Workers' Compensation coverage as required by state law.
All insurance policies shall be issued by insurance companies authorized and qualified to do
business in the State of Florida. Notwithstanding the minimum insurance coverage amounts
required herein, the Collier County Sheriff may require higher coverage limits as a condition of
eligibility for working law enforcement rotation calls. To the extent that State law requires
greater liability coverage amounts than those stated herein, the greater amounts required by State
law shall control.
Section Eil!'ht: 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 company within a 365 day time period, is a per se sufficient basis for
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forfeiture of that towing 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.
Section Nine:
Inclusion in the Code of Laws and Ordinances.
The provisions of this ordinance shall become and be made a part of the Code of Laws
and Ordinances of Collier County, Florida. The sections of the ordinance may be renumbered or
re-Iettered to accomplish such, and the word "ordinance" may be changed to "section,"
or any other appropriate word.
Conflict and severability.
Section Ten:
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 Eleven:
Repealing provision.
This ordinance repeals and replaces in its entirety Collier County Ordinance number 99-
38, as amended.
Section Twelve:
Effective Date.
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This ordinance shall take effect upon filing with the Florida Department of State.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida this 9th day of September, 2008.
ATTEST:
DWIGHT E. BROCK, CLERK
BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA
By:
By:
DEPUTY CLERK
TOM HENNING, CHAIRMAN
Approved as to form and
Io~;'~ l
Scott R. Teach,
Deputy County Attorney
25
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"!.O08
'3
RESOLUTION NO. 2008-_
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY PURSUANT TO
ORDINANCE NUMBER 2008- ESTABLISHING MAXIMUM
FEES FOR NON-CONSENT LAW ENFORCEMENT TOWING,
PRIVATE PROPERTY TOWING, AND THE STORAGE OF
VEHICLESNESSELS AND RELATED FEES.
WHEREAS, on September 9, 2008, the Board of County Commissioners of
Collier County approved an Ordinance repealing Ordinance number 99-38, as amended,
which in part requires the Board to establish by Resolution the maximum fees and rates
that can be charged for non-consent law enforcement towing, private property towing
(hereafter, "towing"), and the storage of vehicles/vessels and related fees; and
WHEREAS, the Board, pursuant to Ordinance 2008-_ is empowered to
establish, adjust or make future changes to the maximum rate for the towing and storage
of vehicles/vessels, as authorized by Section Four (4) of that Ordinance, by Resolution;
and
WHEREAS, the Board has considered, reviewed and approves of the maximum
fee rate structure pertaining to the towing 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-
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2. The maximum rate chargeable for private property impound tows shali be as
foliows:
Private Propertv Impound Tow
Rate
Class A Tow
$125.00 Flat Rate
Class B Tow
$195.00 Flat Rate
Class C Tows (and higher)
$277.00 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
foliows:
Law Enforcement Directed Tow
Rate
Class A Tow
$150.00 Flat Rate
Class B Tow
$222.00 Flat Rate
Class C Tows (and higher)
$333.00 Flat Rate
Per mile fee for Law Enforcement Directed Tow Only
Class A. Tow $6.50 per mile
ClassBTow $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 foliows:
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Dailv Outdoor Storage
Rate
Personal Vehicles.
$40.00
Class B Towed Vehicles and Higher
$75.00
Dailv Indoor Storage
Rate
Personal Vehicles.
$50.00
Class B Towed Vehicles and Higher
$100.00
.Includes motorcycles, ATVs, scooters, etc.
Storage may be charged only after the vehicle has been in the storage facility for at least
six (6) hours. If the vehicle was not recovered by the vehicle's owner or authorized
driver/agent after the six-hour time period has expired, then storage charges shall accrue
in twenty-four hour increments (based on a 24 hour day) commencing after the expiration
of the initial first six (6) hours in storage, as more specifically described in Section Four
of the ordinance.
5. Except as otherwise provided in the Ordinance, the maximum rate chargeable for
late hour gate fees shall be as follows:
Mondav - Friday 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 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.
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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.
6. The maximum rate chargeable as an Administrative Lien Fee shall be as follows:
An administrative lien fee shall only be charged after the vehicle has been in the storage
facility for at least five (5) calendar days and after all other requirements as provided in
Ordinance number 2008-
have been met. The maximum rate chargeable as an
administrative lien fee shall be the sum of $100.00, plus recovery of the costs and fees
imposed by the State of Florida for obtaining ownership information.
7. Extra Time at Scene Charge: The first one half (1/2) hour of service is to be
included in the initial cost of providing towing services. After the first one half (1/2)
hour, an additional charge in the amount of 25% of the applicable towing rate shall be
charged in fifteen (15) minute intervals.
8. 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.
9. 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.
4
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PASSED AND DULY ADOPTED by the Board of County Commissioners of
Collier County, Florida, this 9th day of September, 2008.
ATTEST:
DWIGHT E. BROCK, CLERK
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
t"" 'i/IF'
(;H f', 2008
I 'r~%23...-_-
By:
TOM HEmUNG, CHAIRMAN
DEPUTY CLERK
Approved as to form and legal sufficiency:
Scott R. Teach
Deputy County Attorney
5