Resolution 2009-271
RESOLUTION NO. 2009- 271
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY PURSUANT TO
ORDINANCE NUMBER 2008-47, AS AMENDED, SUPERCEDING
RESOLUTION NUMBER 2008-272 ESTABLISHING MAXIMUM
FEES FOR NON-CONSENT LAW ENFORCEMENT TOWING,
PRIVATE PROPERTY TOWING, THE USE OF IMMOBILIZING
DEVICES, AND THE STORAGE OF VEHICLESNESSELS AND
RELATED FEES.
WHEREAS, on November 10, 2009, the Board of County Commissioners of
Collier County amended Ordinance number 2008-47 and incorporated additional
provisions therein addressing the immobilization of vehicles by an immobilization device
such as a "boot" on private property, which required the Board to establish by Resolution
the maximum fees and rates that can be charged for the immobilization of vehicles; and
WHEREAS, the Board, pursuant to Ordinance 2008-47, as amended, is empowered
to establish, adjust or make future changes to the maximum rate for the towing,
immobilization and storage of vehicles/vessels, as authorized by Section Four (4) of that
Ordinance, by Resolution; and
WHEREAS, the amendment of Ordinance 2008-47 to include the regulation of the
immobilization of vehicles on private property requires the enactment of this Resolution,
which supersedes Resolution Number 2008-272, to provide for a maximum fee that tow
truck and immobilization companies may charge the public when providing
immobilization services; and
WHEREAS, the Board has considered, reviewed and approves of the maximum fee
rate structure pertaining to the towing, immobilization and storage of vehicles/vessels
herein and finds those rates to be fair and appropriate.
NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
1. All terms contained herein shall be as previously defined in Ordinance number
2008-47, as amended.
2. The maximum rate chargeable for private property impound tows shall be as
follows:
Private Prooertv Imoound Tow
Rate
Class A Tow
$125.00 Flat Rate
Class B Tow
$195.00 Flat Rate
Class C Tows
$277.00 Flat Rate
Class D Tows
$390.00 Flat Rate
*Rate if released on scene
One Half (1/2) of posted rate
for specific towing service.
3. The maximum rate chargeable for law enforcement directed tows shall be as
follows:
Law Enforcement Directed Tow
Rate
Class A Tow
$150.00 Flat Rate
Class B Tow
$222.00 Flat Rate
Class C Tows
$333.00 Flat Rate
Class D Tows
$477.00 Flat Rate
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Per mile fee for Law Enforcement Directed Tow Onlv
Class A. Tow $6.50 per mile
Class B Tow $7.75 per mile
Class C Tows (and higher) $9.00 per mile
The mileage charge for all Law Enforcement Directed Tows is based upon the distance
from the location of the tow truck company to the scene and back.
4. The maximum rate chargeable for daily outdoor and indoor storage rates shall be as
follows:
Dailv Outdoor Storage
Rate
Personal Vehicles*
$40.00
$75.00
Class B Towed Vehicles and Higher
Dailv Indoor Storage
Personal Vehicles*
Rate
Class B Towed Vehicles and Higher
$50.00
$100.00
* Includes motorcycles, A TV s, scooters, etc.
Storage charges shall begin six (6) hours after arrival at the towing company location and
will accrue in twenty-four (24) hour intervals starting each day thereafter from the time of
original arrival to the storage location (e.g., car towed in for storage at 6:00 p.m., between
6:00 p.m. and 12:00 a.m. no storage charge applies, at 12:01 a.m. charges for day one
storage begins, the next day at 6:01 p.m. the second day of storage begins), as also set forth
in Section Four of the ordinance.
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5. Except as otherwise provided in Ordinance number 2008-47, as amended, the
maximum rate chargeable for releasing an immobilized vehicle on private property
shall be as follows:
Twenty-five dollars ($25.00) for each immobilization properly conducted III
accordance with the Ordinance.
6. Except as otherwise provided in the Ordinance, the maximum rate chargeable for
late hour gate fees shall be as follows:
Monday - Friday Late Hour Gate Fee Rate
If an owner or authorized agent seeks to recover a towed/impounded vehicle/vessel or
property within such vehicle/vessel during the weekdays of Monday through Friday
between the hours of6:00 p.m. and 8:00 a.m., the following late hour gate fee shall apply:
$65.00.
Saturday - Sunday Late Hour Gate Fee Rate
If an owner or authorized agent seeks to recovers a towed/impounded vehicle/vessel or
property within such vehicle/vessel after 6:00 p.m. Friday through 8:00 a.m. Monday the
following late hour gate fee shall apply: $65.00.
7. The maximum rate chargeable as an Administrative Lien Fee shall be as follows:
An administrative lien fee shall only be charged after the vehicle has been in the storage
facility or immobilized for at least five (5) calendar days and after all other requirements as
provided in Ordinance number 2008-47, as amended, have been met. The maximum rate
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chargeable as an administrative lien fee shall be the sum of $100.00, plus recovery of the
costs and fees imposed by the State of Florida for obtaining ownership information.
8. Extra Time at Scene Charge: The first one half (1/2) hour of service is to be
included in the initial cost of providing towing services. After the first one half (1/2) hour,
an additional charge in the amount of 25% of the applicable towing rate shall be charged in
fifteen (15) minute intervals.
9. Underwater Recoverv Fee: An underwater recovery fee of $100.00 plus actual
costs may be charged when performed by a certified/professional diver when supported by
written documentation approved by the investigating law enforcement officer.
10. Hazardous Material Clean-uo and Disoosal Fee: The prevailing rate for cleaning
up and disposing of hazardous materials when mandated or required through State or Local
laws will be permitted upon written approval by the investigating law enforcement officer.
PASSED AND DULY ADOPTED by the Board of County Commissioners of
Collier County, Florida, this ~ tit day of November, 2009.
ATTEST:
DWIGHT E. BROCK, CLERK
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. I f~lt\fr. Ofll'
BOARD OF ~~TY COMMISSIONERS
COLLIER C'(jl TY, FLORIDA,'
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DONNA FIALA, CHAIRMAN
Approved as to form and legal sufficiency:
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Scott R. Teach
Deputy County Attorney
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