Ordinance 2008-47
':t'l'J'2S3037 ......
~". ,~
~ "'~
:$ G'
A 0: ORDINANCE NO. 2008- 47
~~ =
,~ ~
~_ 4lii ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF
4...~ COLLIER COUNTY, FLORIDA, REPEALING ORDINANCE NUMBER
99-38, AS AMENDED ("MAXIMUM FEES FOR NON-CONSENT
TOWING AND STORAGE OF VEHICLES"), TO EST ABLISH 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 PENAL TIES AND ENFORCMENT; PROVIDING FOR
INCLUSION IN THE CODE OF LAWS AND ORDINANCES;
PROVIDING FOR CONFLICT AND SEVERABILITY; AND PROVIDING
FOR AN EFFECTIVE DATE.
_.....I
.r"'.... "".)
t:,:-",'J-
" r.:-~)
r- :.:~_\ 0':>
WHEREAS, the Board of Commissioners desires to provide additional reg~~(;msC~r tfiefl
...D _.;,- e'!._,..
(.--;"1 l';.l~
operation of tow trucks operated within Collier County, Florida; and ~;~ :.-: '...0
>'1 >>, .,.., b'T"
WHEREAS, the Board of Commissioners directed staff to specificall~~nsi#r tnu
;~':; ~~ -"-
provisions of existing Ordinance number 99-38 as it pertains to maximum t~-l antt> 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 Number 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 THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA that:
1
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 ofthis 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 written authority to sign for an absentee owner or association board for the
removal of a vehicle or vessel parked on real private property.
2
Authorized wrecker operator means a wrecker operator who is then designated as part of
the wrecker operator system established by the governmental unit that then has jurisdiction over
the scene of a wrecked or disabled vehicle (including, when applicable, the Division of Florida
Highway Patrol), where the governmental unit/law enforcement officer has determined necessary
the removal of a vehicle/vessel by rotation wrecker.
Commercial Motor Vehicle is defined as follows: Any motor vehicle or motor vehicle
combination used on the streets or highways, which: (a) has a gross vehicle weight of 26,001
pounds or more, or has three or more axles regardless of weight, or is used in combination when
the weight of such combination exceeds 26,001 pounds gross vehicle weigh; (b) is designed to
transport more than 15 persons, including the driver; or (c) is transporting hazardous materials
and is required to be placarded in accordance with Title 49 C.F.R. part 172, Subpart F.
Disabled means a vehicle/vessel that cannot be moved by its own power because the
physical condition of the towed vehicle/vessel, including from non-use, lack of fuel, mechanical
malfunction or because such movement, except by being towed, would otherwise be illegal or
violate a private rule.
Extra time at scene shall mean any extra time beyond one-half (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 summoned and is on scene but unable to proceed through no
fault of the tow truck operator. All extra billable time shall be documented by the tow truck
operator and shall include the following information: (1) the name of the law enforcement
agency, (2) the law enforcement agency case number, (3) a detailed description of the reason for
the extra time required to remain at the accident scene, and (4) the officer's name badge number.
The documentation shall also include a detailed explanation of the services rendered which
necessitated the additional charges. Extra time on scene shall be charged in fifteen-minute
increments.
3
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 defined by
federal law or by Florida Statute, including subsection 112.531(1), any subsection of
316.1906(1 )(d)(1) (3) inclusive; or subsection 9443.10(1), (6) or (8).
Law Enforcement Tow shall mean any tow authorized by any jurisdictional law
enforcement officer where an authorized wrecker operator is dispatched off of the wrecker
rotation system (a non-consent tow).
Light reflective sign shall mean an eighteen-inch wide by twenty-four inch high sign
made of aluminum (at least 0.040 thickness) or fiber reinforced plastic (at least 0.090 thickness).
The entire background surface and all lettering must at a minimum be type 1 engineered grade
sheeting (ASTM D4956-0l). The letters may be screen printed on the type 1 sheeting using a
compatible transparent ink so that the retroreflective is maintained and visible.
Mileage charge shall mean allowable charges for miles from the location of the company
storage yard to the location of an accident scene or scene of a rotation call authorized by a
4
jurisdictional law enforcement agent. Mileage charges are not reimbursable for private property
towing.
Non-consent towing means the recovery, towing, removal and storage of a vehicle/vessel
without authorization of the vehicle/vessel owner or authorized driver and shall include both
"Law Enforcement Officer Tows" and "Private Property Impounds/Tows" as defined herein.
Operator shall mean any person who provides the services of recovering, towing, or
removing vehicles/vessels and any vehicle/vessel storage services associated therewith and
includes without distinction the owning of a towing firm and the driver of a tow truck.
Person shall mean any natural person, firm, partnership, association, corporation or other
entity of any kind whatsoever.
Private property means all real property not owned by, leased to, or similarly controlled
by a governmental entity, including private roads.
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
5
exercise or share dominion and control over real property; provided, however, that "real property
owner" shall not mean or include a person providing towing services within the purview of this
article.
Recover shall mean to take possession of a vehicle/vessel and its contents and to exercise
control, supervision and responsibility over it; including removal of vehicles from a canal or
other body of water, wooded area, or any other unpaved area.
Remove shall mean the removal of a vehicle/vessel from a canal or other body of water, a
wooded area not readily accessible to a roadway (i.e., within a standard cable length) or when a
vehicle/vessel is buried. This includes towing, winching, skating, using go jacks, or any other
method employed by towing companies.
Road means alley, court, drive, driveway, highway, interstate highway, lane, parking lot,
street, or any other substantially similar place, public or private.
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
6
manufactured equipment. This is usually done by transporting vehicle/vessels through a means
other than the towed vehicle/vessel's power source by pulling the vehicle/vessel behind a truck or
transporting the towed vehicle/vessel on a truck bed or other substantially similar conveying
vehicle/vessel that has four or more wheels.
Towing company means any private partnership, corporation or other privately owned
business entity, including sole proprietor, engaged in the operation of towing vehicles/vessels by
means of a tow truck slide bed, wrecker or any other form of towing apparatus designated for the
purpose of transporting motor vehicles or vessels. This definition includes any person, company,
corporation, or other entity, which engages in, owns or operates a business that provides non-
consent towing, recovery, removal and storage of vehicles/vessels for compensation.
Tow truck placard shall mean a decal or sign issued by the local government agent,
authorized jurisdictional law enforcement agency, or similar governmental body, which is placed
upon any tow truck to designate authorization to engage in non-consent tows and to allow
parking in specially designated areas authorized by the county or jurisdictional governing body.
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.
7
Vessel is synonymous with boat as referenced in s. 1 (b), Art. VII ofthe 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
1. Minimum gross weight. . . 14,500 lbs.
2. Minimum telescoping boom capacity. ..16,000 lbs.
3. Minimum dual winching capacity.. .8,000 lbs.
4. Minimum cable size and length.. .3/8"xI00'
5. Minimum wheel lift retracted rating.. .5,000 lbs.
6. Minimum wheel lift extended rating.. .3,000 lbs.
7. Minimum tow sling safe lift.. .3,500 lbs.
8. Minimum 10' safety chains (2 each) ...5/16" grade 70
9. Minimum cab to axle dimension.. .60"
Car carrier
1. Minimum gross weight.. .19,000 lbs.
2. Minimum deck capacity.. .10,000 lbs.
3. Minimum length.. .19'
4. Minimum winching capacity (1).. .8,000 lbs.
5. Minimum cable size and length.. .3/8"x50'
8
6. Minimum tie down chains (4 each) ...5/16" grade 80
7. Tie down straps (optional) (4 each), per each wheel...2,000 Ibs.
8. Minimum cab to axle dimension. . .120"
9. Minimum wheel lift capacity for second vehicle.. .2000 lbs.
Light duty - Non-law enforcement towing
1. Minimum gross weight...l 0,000 lbs.
2. Minimum weight of tow truck.. .4,000 Ibs.
3. Minimum wheel lift extended rating.. .2,500 Ibs.
4. Minimum cab to axle dimension.. .60"
(b) Class B ratings (medium duty):
Tow truck
1. Minimum gross weight.. .30,000 lbs.
2. Minimum extendable boom capacity. . .24,000 Ibs.
3. Minimum winching capacity, dual. ..12,000 lbs.
4. Minimum cable size and length. .. 7/16"x 150'
5. Minimum wheel lift retracted rating.. .10,000 lbs.
6. Minimum wheel lift extended rating... 7,000 Ibs.
7. Minimum tow sling safe lift.. .3,500 Ibs.
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 Ibs.
3. Minimum wheel lift capacity for second vehicle.. .4,000 lbs.
4. Minimum length. . .21 "
5. Minimum winching capacity (1).. .8,000 lbs.
9
6. Minimum cable size and length.. .3/8"x 50'
7. Minimum tie down chains (4 each) .. .5/16" grade 80
8. Tie down straps (optional) (4 each), per each wheel. ..2,000 lbs.
9. Minimum cab to axle dimension. ..120"
10. Required state DOT registration
(c) Class C ratings (heavy duty):
1. Minimum gross weight.. .58,000 Ibs.
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...l 00,000 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 Ibs.
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"
10. Required state DOT registration
(d) Class D ratings (heavy duty): Encompasses those specifications in excess of the
minimum gross weight and related criteria required for Class C ratings.
Section Four: Maximum towing, storage and related rates pertaining to non-consent
tow services, as well as, private property towing and impound.
10
(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
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 vehicles/vessels, which may be amended from time to time as follows:
(1) Towing services per call, which shall include time from arrival on scene through
the first thirty (30) minutes on scene that the tow truck is actually engaging in the
safe removal of a vehicle/vessel.
(2) A mileage charge for only law enforcement directed tows based upon the distance
from the towing business' location to the scene and back.
(3) Storage charges that shall begin six (6) hours after arrival at the towing company
location and will accrue in twenty-four (24) hour intervals starting each day
thereafter from the time of original arrival to the storage location (e.g., car towed
in for storage at 6:00 p.m., between 6:00 p.m. and 12:00 a.m. no storage charge
applies, at 12:01 a.m. charges for day one storage begins, the next day at 6:01 p.m.
the second day of storage begins), where:
(a) Law enforcement has authorized the vehicle/vessel to be impounded; or
(b) The appropriate law enforcement agency has been notified by the tow
truck company, within 30 minutes after completion of such towing or
removal, that the tow truck company is in possession of a vehicle/vessel
11
resulting from a private property impound tow per Florida Statute S
715.07.
(4) Indoor storage rates may only be charged upon the express direction and written
authorization of the owner/authorized driver/agent, lien holder, 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 shall only be charged after the vehicle/vessel has been
in the storage facility for at least five (5) calendar days, and:
(a) The law enforcement agency has prepared an incident report authorizing
the vehicle/vessel to be impounded; or
(b) The law enforcement agency has been notified by the tow truck company,
within 30 minutes after completion of such towing or removal, that the
tow truck company is in possession of a vehicle/vessel resulting from a
private property impound tow per Florida Statute ~ 715.07; and
(c) The tow truck company must show proof that lien letter(s) have been
prepared with the appropriate names and addresses (i.e., U.S. Mail
12
Certification Number, correspondence copies, etc.), thereby establishing
that fees have actually been expended.
(6) Underwater recovery performed by a certified/professional diver with the written
documentation and approval by the investigating law enforcement agency/officer
on scene.
(7) A late-hour gate fee may be applied between the hours of 6:00 p.m. to 8:00 a.m.
Monday through Friday, and 6:00 p.m. Friday to 8:00 a.m. Monday, for law
enforcement tows, when:
(a) Impounded vehicles/vessels are recovered by the owner or authorized
driver/agent during the aforementioned late-hour gate period; or
(b) The owner or authorized driver/agent wishes to recover property from the
impounded vehicle/vessel during the late-hour gate period. There shall be
no charge to any owner or authorized person wishing to remove
prescription medication and prescription eyeglasses from an impounded
vehicle/vessel. Tow truck operators may inform the owner or authorized
driver/agent of the vehicle/vessel that he/she may request that law
enforcement officer be present at the time agreed upon to recover the
property sought. If it is found that the authorized driver/agent of the
vehicle/vessel made a false request to recover prescription medication
and/or prescription eyeglasses in order to recover other items, the tow
truck operator may impose a late-hour gate fee double the rate allowed by
this ordinance.
(8) Hazardous material clean-up and disposal as required, mandated and/or licensed
through federal, state or local laws and approved by the investigating law
enforcement agency/officer.
13
Section Five:
Towing 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, 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 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
vehicle/vessel based upon a private property impound without the prior express instruction ofthe
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 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. 9 7l5.07(4)(2)(a)(4).
The tow truck company recovering, towing or removing a vehicle/vessel shall, within
thirty (30) minutes of completion of such towing or removal, notify the appropriate law
14
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
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.
All vehicles/vessels 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
the following information: the year, make, model, color and vehicle identification number, the
vehicle license plate number (if any), a statement of any visible damage to the exterior of the
vehicle/vessel, and an inventory of the visible inventory of the vehicle/vessel initialed by the real
property owner or his authorized agent on whose property the vehicle is disabled, abandoned or
parked without authorization.
(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:
(1) By the mere posting of signage as required by this article;
(2) By virtue of the terms of any contract or agreement between a tow truck
company and a real property owner;
(3) When the prior express instruction occurs III advance of the actual
unauthorized parking ofthe 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.
15
(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 vehicles/vessels from its property.
This written contract shall include the beginning date of said contract, the names and titles of all
persons (i.e., owner, property manager, condominium president, etc.) who have the authority to
appoint persons (i.e., security guard, night watchman, onsite manager, etc.) who can authorize
prior express instruction to the tow truck company to remove, recover or tow any vehicle/vessel
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 officers/agencies 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 vehicles/vessels from the real
property owner's property to a storage yard where the mileage restrictions have been exceeded
contrary to F.S. S 715.07(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 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.
16
(h) Any person who improperly causes a vehicle/vessel to be recovered, towed,
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, 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 compames 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 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 and shall fulfill the following requirements:
(i) A light reflective sign shall be prominently placed at each driveway
access/entrance or curb cut allowing vehicular access to the real property, within
five (5) feet from the public right-of-way line. If there are no curbs or access
barriers, the signs shall be posted not less than one (1) sign for each twenty-five
(25) feet of lot frontage. The sign shall be permanently installed not less than four
(4) feet and not more than six (6) feet above ground level and shall be
continuously maintained on the real property for not less than twenty-four (24)
hours prior to the towing or removal of any vehicIe/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
17
"TOW-AWAY ZONE" must be included on the light reflective sign in not less
that four-inch high letters on a contrasting background.
(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 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 real property owner is responsible for
providing, maintaining, replacing, and removing signs, as necessary. Failing to provide,
maintain, replace and/or remove the signs in accordance with this section is a violation of
this article.
(3) Startup: All new private property towing 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 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 at the vehicle owner's expense.
18
(b) Except as otherwise provided herein, when any real property owner
instructs a vehicle/vessel to be recovered, towed, removed from his or her property and
stored, she/he or a designated representative shall 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 vehicle/vessel of the name and address of the tow truck company that has
recovered, towed 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 or towed from the property, the vehicle/vessel
shall be disconnected from the tow truck and the vehicle/vessel owner or authorized
driver/agent shall be allowed to remove the vehicle/vessel without interference upon the
payment of a reasonable service fee of not more that one-half (1/2) of the posted rate for
such towing service (drop charge), for which a receipt shall be given, unless that person
refuses to remove the vehicle/vessel, which is unlawfully parked. The bill/invoice must
be presented to the vehicle/vessel owner authorized/driver/agent prior to request for the
payment. In the event the owner/driver of the vehicle/vessel is occupying the
vehicle/vessel and refuses to vacate same, in addition to the drop charge, 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. All documentation shall be provided to the vehicle/vessel; owner or authorized
agent upon demand.
Section Seven:
Tow truck company requirements.
19
(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.
20
(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:
(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.
(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 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 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
21
on the exterior of the storage facility and place of business, if different, a notice indicating a
telephone number where the tow truck company can be reached at all times. Upon request of the
vehicle/vessel owner or authorized driver/agent, the tow truck company shall release the
vehicle/vessel to the vehicle/vessel owner or authorized driver/agent within one (1) hour.
(i) Tow truck 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.
(j) 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 ofthe 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.
22
(1) Tow truck companies operating in Collier County shall carry an insurance policy
or policies or certificates of insurance that shall indemnifylinsure such company for its liability,
at a minimum, as follows:
(i) Auto liability for each tow truck:
1. $300,000 combined single limit for Class A-Light Duty tow trucks used
exclusively for private property impounds.
2. $500,000 combined single limits for all other tow trucks.
(ii) General/garage liability:
1. $300,000 combined single limit for tow truck operators performing only
private property impounds.
2. $500,000 combined single limit for all other tow truck operators.
(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 Eit!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 ofthe
violation.
23
(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
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 ofthe 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-lettered to accomplish such, and the word "ordinance" may be changed to "section,"
or any other appropriate word.
Section Ten:
Conflict and severability.
In the event this ordinance conflicts with any other Ordinance of Collier County or other
applicable law, the more restrictive shall apply. If any phrase or portion of the ordinance is held
invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a
separate, distinct and independent provision and such holding shall not affect the validity of the
remaining portion.
Section Eleven:
Repealing provision.
24
This ordinance repeals and replaces in its entirety Collier County Ordinance number 99-
38, as amended.
Section Twelve:
Effective Date.
This ordinance shall take effect upon filing with the Florida Department of State.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, floriqa this 9th day of September, 2008.
,,~~~ . r J 1':'1:;
A Tr~ST: > > c;l". <
~. . > ~
b\V,fGijT E. Bl\OC~ CLERK
(?~ .~
Qi~.>' '''',.~0-S(LAh(
~t/~s ~ ,,41}UlD..-lt'IIIIiiRi.
I'iftet... 01111
BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA
By TO~
Approved as to form and
legal sufficiency:
~.t!)~
Deputy County Attorney
25
This ordinClne~ filed with the
Secr~tory of S~'s Office the
-Li."'doy of +-~, LC:>Q~
and acknowledgement of thQt
fi ling received this oLCj~ day
of ~M~
o..puty c Iel1c
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 2008-47
Which was adopted by the Board of County Commissioners
on the 9th day of September, 2008, during Regular Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 16th
day of September, 2008.
DWIGHT E. BROCK
Clerk of Courts and Clerk
Ex-officio to Board of
County Commissioners
'-;'
c:Q-lUJ.o:. \1JCcL\ k. ~
By: Teresa Polaski,
Deputy Clerk