Agenda 03/09/2010 Item #12A
Agenda Item No. 12A
March 9. 2010
Page 1 of 20
EXECUTIVE SUMMARY
To provide the Board a survey of vehicle immobilization rates ("booting") charged by
other jurisdictions to assist in the Board's consideration of whether to change the current
flat twenty-five dollar vehicle immobilization rate established by Resolution No. 2009-271
pursuant to Ordinance No. 08-47.
OBJECTIVE: To provide the Board a survey of vehicle immobilization rates charged by other
jurisdictions.
CONSIDERATION: At the request of Commissioner Fiala at its February 23, 2010 meeting,
the Board of County Commissioners directed the County Attorney to review and bring back a
survey of vehicle immobilization rates charged by other jurisdictions. A survey of
immobilization rates from fifteen jurisdictions is attached. The attached survey updates the
sample of immobilization rates previously provided to the Board for Agenda Item number l7G
when it approved a flat $25.00 immobilization rate at its November 10, 2009, meeting.
The attached survey includes two additional sample jurisdictions, the District of Columbia and
the University of Nebraska Lincoln, than previously provided to the Board. The average
immobilization rate of all fifteen represented jurisdictions is $60.47 per immobilization; with the
highest rate $115.00 and the lowest (flat) rate $25.00.
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As the Board will recall, the request to amend the towing ordinance to include immobilization
devices was at the request of the Collier County Sheriff, who had encountered a number of
situations in 2009 involving companies entering into agreements with property owners to
immobilize vehicles on private property. The Sheriff viewed the practice of immobilizing
vehicles as similar to the predatory towing practices that, in part, led to an amendment of the tow
truck ordinance in September 2008. See Sheriff's attached June 15, 2009, correspondence.
Following the Board's direction at its February 23, 2010 meeting, the County Attorney's Office
contacted the Sheriff's Office and asked that a representative be present when this item is
discussed.
Prior to the Board establishing a maximum immobilization fee in November 2009, pursuant to
the Board's direction at its September 29, 2009 meeting, the County Attorney's Office met with
counsel for the Whitestone Group, Inc.; a security firm operating locally that provides
immobilization services to its clients. Despite a meeting discussing the issue with the Sheriff and
the Whitestone Group on October 8, 2009, the Whitestone group did not appear to object to the
proposed amendment to the towing and immobilization ordinance and resolution when it came
before the Board at either the October 27 or November 10, 2009 meetings. See attached e-mail
correspondence between the County Attorney's Office, counsel for the Whitestone Group and
the Sheriff's attorney.
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The County Attorney takes no position on what the maximum rate for immobilization services
should be, as it is a policy decision left for the Board's determination. Should the Board decide
Agenda Item No. 12A
March 9, 2010
Page 2 of 20
to change the current immobilization rate, the County Attorney will bring back a resolution
superceding Resolution Number 2009-271 per the Board's direction.
FISCAL IMPACT: None.
LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney's Office
and involves a policy matter for the Board's determination--SRT.
GROWTH MANAGEMENT IMPACT: None.
RECOMMENDATION: That the Board of County Commissioners accepts the County
Attorney's survey of vehicle immobilization rates and provide appropriate direction.
Prepared BY.:
Scott R. Teach, Deputy County Attorney
Attachments:
Survey of Immobilization Rates, Resolution No. 2009-271,
Correspondence from Collier County Sheriff's Office, e-mail
correspondence between County Attorney and the Whitestone Group, and
the Executive Summaries from the Board's October 27 and November 10,
2009, meetings.
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Agenda Item No. 12A
March 9. 2010
Page 3 of 20
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
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Meeting Date:
12A
To provide the Board a survey of vehicle immobilization rates (booting) charged by other
jurisdictions to assist In the Boards consideration of whether to change the current twenty-
five dollar vehicle immobilization rate established by Resolution No. 2009-271 pursuant to
Ordinance No, 08-47.
3/9/2010 9:00:00 AM
Item Number:
Item Summary:
Prepa red By
Scott R. Teach Deputy County Attorney Date
County Attorney County Attorney 3/2/201010:29:15 AM
Approved By
Jeff Klatzkow County Attorney Date
3/2/20101 :22 PM
Approved By
OMS Coordinator Date
County Manager's Office Office of Management & Budget 3/2/2010 1 :49 PM
- Approved By
Mark Isackson Management/Budget Analyst, Senior Date
Office of Management & Office of Management & Budget
Budget 312/2010 3:48 PM
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Agenda Item No. 12A
March 9. 2010
Page 4 of 20
Survey of Immobilization Rates
Broward County
$25.00
City ofTampa
$35.00
$65.00
Miami-Dade County
City of Orlando
$22.00 per 24 hours
Florida Gulf Coast University
$30.00
University of Florida
$50.00
Florida Atlantic University
$75.00
City of Chicago
$115.00
Town of Chapel Hill, NC
$55.00
Montgomery County, MD
$115.00
Kansas City, MO
$75.00
$75.00
State of Utah
Richmond, VA
$60.00
University of Nebraska Lincoln
$35.00
District of Columbia
$75.00
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Agenda Item No, 12A
March 9, 2010
Page 5 of 20
RESOLUTION NO. 2009- 271
A RESOLUTION OF TIlE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY PURSUANT TO
ORDINANCE NUMBER 1008-47, AS AMENDED, SUPERCEDING
RESOLurJON NUMBER 1__1'72 ESTABLISHING MAXIMUM
FEES FOR NON-CONSENT LAW ENFORCEMENT TOWING,
PRIVATE PROPERTY TOWING, THE USE or IMMOBIUZlNG
DEVICES, AND THE STORAGE OF VEmCLESlVESSELS AND
RELATED FEES.
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WHEREAS, on November 10, 2009, the Board of County CommiSSivA.;./8 of
CoDier County amended Ordinance nwnber 2008-47 and incorporated additional
provisions therein addressing the immobilization of vehicles by 811 immobilization device
such as a "boot" 00 private property, which required the Board to estabIilIh by Resolution
the muimum fees IIDlI nIteS that can be charged for the immobilization of vehicles; IIDlI
WHEREAS, the Board. puIl'....n\ to Ordinance 2008-47, as ...."',lded. is empowered
to establish, adjust or make future changes to the maximmn rate for the toWing,
immobilization and storage of vehicleslvessels, 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 pri\lllte property requires the enactment of this Resolution,
which super.lCdcs 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 maximmn fee
rate structure perfBining to the towing, immobilization and storage of vehicleslvessels
herein and fmds those rates to be fair and appropriate.
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Agenda Item No. 12A
March 9, 2010
Page 6 of 20
NOW THEREFORE. BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY. FLORIDA. that:
1. All terms contlliDed herein sbaU be as previously defined in OrdiD8llCC number
2008-47, as amended.
2. The maximwn 11Ite c:b8rgeable for private property impOImd tows shall be as
follows:
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Class A Tow
$125.00 FIat Rate
CIus B Tow
S 195.00 FIat Rate
$277.00 Flat Rate
Class C Tows
Class D Tows
$390.00 F1at Rate
-Rate if raea-I on scene
One Half (112) of posted rate
for specific towing service.
3. The maximwn rate chargeablc for law cnfon:cment directed tows shall be as
follows:
, J.,IIW EIIt~~Directed 12w
Ralc
Class A Tow
$150.00 Flat Rate
Class B Tow
$222.00 Flat Rate
Class C Tows
$333.00 Flat Rate
S4 77.00 FIat Rate
Class D Tows
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Agenda Item No. 12A
March 9, 2010
Page 7 of 20
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Cl8ss A. Tow
$6.50 per mile
$7.75 per mile
Class B Tow
Class C Tows (and higher) $9.00 per mile
The 1DI1cage charge for all Law Enforce....:nt Directed Tows is "'-d upon the distance
froJn the !OClltion of !be tow truck company to the scc:ne and back..
4. The maxirnlDll rate clwgeable for daily outdoor and indoor storage rates shall be as
follows:
Personal V chicles-
Rs
$40.00
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Class B Towed Vehicles and Hiper
$75.00
R4te
$50.00
r.,.~nal Vehicles-
Class B Towed Vehicles and Higher
SIOO.OO
-Includes moton:ycles, A TVs, sc:ootc:rs, etc.
Storage c:harges shall begin six (6) hoUI1 after anival at the towing company location and
will accrue in twenty-four (24) hour intervals. starting each day thereafter from the time of
original anivalto the storage location (e.g., car towed in for storage at 6:00 p.rn., between
6:00 p.rn. 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.rn. the second day of storage begias), as al!lO set forth
in Section Four of the ordinance.
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Agenda Item No. 12A
March 9, 2010
Page 8 of 20
5. Except as otherwise provided in Ordinance nU"1ber 2008-47, all lIIIICDded, the
maximmn rate cbargeeble for reI....~ an immobiJi"ed whicle on private property
shall be as follows:
Tweuty-five dollars ($25.00) for each immobilization propedy conducted in
accordanoe with the OrdiDlll1Ce.
6. Except as otherwise provided in the Ordinance, the maximmn rate chargeable for
late hour gale fees shall be as follows:
If an owner or autbori'>'-=d agent seeks to recover a towed/impounded vchiclelv"Nel or
property within such vchiclelvessel during the weekdays of MODday through Friday
between the hours of 6:00 p.m. and 8:00 a.m., the following late hour gate fee shall apply:
565.00.
If an owner or authorized ascnt seeks 10 recovers a towed(unpoUDded vchiclo'vellsel or
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property within such vehiclelvessel after 6:00 p.m. Friday through 8:00 a.m. MoDday the
followina late hour gale fee shall apply: 565.00.
7. The maximum rate chargeable as an AdministJative Lien Fee shall be as follows:
An adminislnllive lien fee shall only be charged after the vehicle has bce;. in the sfonIge
facility or immobilized for at least five (5) calendar days and after all other requ...",.-...ts IIlI
provided in Ordinance nwnher 2008-47, as amended, have bec;n met The maximmn rate
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Agenda Item No. 12A
March 9, 2010
Page 9 of 20
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cbarJe8ble as an administrWvc lien fee sball be the '''''I of S I 00.00, plus recovery of die
costs and fees imposed by the State of Florida for obtHining ownership infonnation.
8. Ex1ra TUne @t SllllIlC C~: The filSt one balf (112) hour of service is to be
included in the initial cost of providing towing services. After the fust one half (112) hour,
an additioneJ charge in the amount of 25% of the applicable towing rate sbaIl be charged in
fifteen (15) minute intervals.
9. : An undctWll1Cr recovery fee of S 1 00.00 plus IICtU8l
costs may be characd when performed by a certifi~fcssional diver when supported by
written doc:wncntation approved by the investigating law enforcement officer.
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10. Materi IF: The prevailing nile for cleaning
up and disposing of hazardous matcria1s when /lIlIIIlIalc:d or required through State or Local
laws will be pmmittcd upon written approval by the investipting law enC()aOOll ""It officer.
PASSED AND DULY ADOPTED by the Board of County Commissiu~s of
Collier County, Florida, this LP-1It. day ofNovembc:r, 2009.
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BOARD OF C
COLLIER C
COMMISSIONERS
, FLORIDA!
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By: !
DONNA FIALA, CHAIRMAN
Approved as to form and legal sufficiency;
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Z-d Ie A~.' .{
Scott R. Teach
Deputy CoWUy Attorney
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Agenda Item No. 12A
March 9, 2010
Page 10 of20
SHERIFF KEVIN J.
Collier County Sheriffs Office
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June 15,2009
Leo Debs, Jr. - Deputy County Manger
Collier County Managers Office
3301 E. TamimT1i Trail
Naples, Florida 34112
Dear Leo:
At the direction of the Sheriff, I am sending over a request for the Board of
County Commissioners to again look at the Towing Ordinance.
Previously the County Manger at the request of the Board put together a
, group to develop an ordinance reguJating towing businesses. The result was a
comprehensive and effective towing ordimmce. Although there were a variety of
reasons to update the towing Ordinal1ce, one of the complaints was that resident's
vehicles were being towed from their parking lot by wrecker companies contracting
with the property m"'lagers to removed vehicles that are improperly parked. The
new ordinance requires specific approval from the property manager before
removing a vehicle, which eliminated a practice of "predatory towing" from
condominium complex parking lots and similar properties..
However we are seeing a new practice that is predatory in nature similar to
conduct the ordinance was attempting to regulate. Some companies have started
"bOoting" or immobilizing vehicles instead of towing them, as a way to avoid the
ordinances provisions requiring specific approval when towing off private property.
I have bcell advised of one company offering to split the proceeds from
bOoting vehicles with the property owners association, and another that would
provide free security patrols if they kept the revenue from the bOoting of vehicle on
the association's properly. The company was charging residents $200.00 to
remove the bOot from a vehicle. The Sheriff's Office has had to become involved
with several disputes between vehicle owners, residents, and security companies
regarding the authority to bOot vehicles.
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3301 Tamiami Trail East Bldg. J, Naples, FL 34112-4902
phone. 239.774-4434
colliersheriff.org
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Agenda Item No. 12A
March 9, 2010
Page 11 of20
.In my view, this is the same predatory type behavior the COImty was trying
to eliminate when the towing ordinance was adopted.
The Sherifi's Office is asking the Manager's Office to address this with the
Board and ask for some direction to the County Attorney torevicwtl:ie attached
proposed ordinance amendment. The amenc:lmentswould expand the towing
ordinance regulations to include booting or immobilizing vehicles by placing a
mechRnical boot on the vehicle. .
We have taken the time to review ordinances in other jurisdictions for
appropriate language, and believe the proposed language would protect the
residents of Collier ColDlty from the predatory towing and booting practi.cesof
some companies. I have attached a copy of the towing ordinance with amendments
to the language to address booting vehicles.
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. Please review and advise your thought and or guidance to moving forward
with this ordinll1]('.e amendment and what the best course is to have this matter
reviewed and presented to the Board?
If I can be of any further assistance in the matter or if you have additional
questions, contact my office at 239-793-9469.
MJH!stl
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Agenda Item No 12A
March 9, 2010
Page 12 of 20
-----Original Message-----
From: TeachScott
Sent: Thursday, October 15, 2099 12:11 PM
To: 'Brian.Williams~ohenlaw.com'
Cc: legal2@Kolliersheriff.net; ochs_l
Subject: RE: Amendment to Towing Ordinance / Booting
Brian,
I think there may be some confusion concerning some of your recommended changes.
First, I have no issue with incorporating a separate definition for
"immobilization company." I believe your request to include immobilizing
companies in section 8 of the fee resolution "Extra Time at Scene Charge,"
however, is in error. That section only applies to tow truck companies that are
on rotation with the Sheriff and are required to spend extra time at the scene of
an accident, etc., while removing vehicles. This does not apply to private
property tows or immobilization services.
You also .ay not be aware that the Sheriff does have a separate set of rules
governing tow truck operators that are on the Sheriff's rotation list. What you
refer to as "Carte Blanche" authority actually refers to the criteria that the
Sheriff uses to identify those tow truck operators that meet his requirements to
be on his rotation list. This section allows the Sheriff to impose stricter
requirements in the contracts that he enters into with those tow truck operators
that are on his rotation list.
Scott R. Teach
Deputy County Attorney
Collier County, Florida
Tel: (239) 252-8409
Fax: (239) 252-6399
-----Original Message-----
From: Brian.Williams@cohenlaw.com [mailto:Brian.williams@cohenlaw.com]
Sent: Wednesday, October 14, 2999 4:99 PM
To: TeachScott
Cc: legal2@colliersheriff.net
Subject: Amendment to Towing Ordinance / Booting
Scott:
Agenda Item No. 12A
March 9, 2010
Page 13 of 20
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Attached in Word and PDF format are my suggested/tracked changes to the
Resolution and Ordinance. Of particular concern is Section 6 Subsection K on
Page 23, which gives the Collier County Sheriff's office "Carte Blanche"
to create whatever restrictions they desire without some sort of checks and
balance system. I believe that particular provisions needs to be removed and/or
rephrased to be more specific as to the authority that the Sherriff's Office will
have and the basis for that authority (e.g. Florida Statutes, etc.). The
Ordinance in its current form is restrictive, therefore, I believe any additional
restrictions that the Sheriff's Office wishes to place needs to be voted upon by
the Commissioners.
I have added some additional definitions that I believe will assist in clarifying
the Ordinance and its intent. For example, I believe "Tow Truck" and
"Immobilization Company" needed to be separate defined tems. I also removed the
restriction that a vehicle containing a pet not be immobilized. I believe this
is pertinent in situations involving a "tow", however, due to the fact that the
vehicle shall remain in the location it was discovered, this should not be
applicable to a "booting" situation.
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Finally, my client is adamant that the fee to be charged for an initial "boot" is
$125 and not the $75 discussed at our meeting. The additional restrictions,
paper work, and procedures that will require compliance as a result of the new
ordinance will substantially increase my Client's
operational costs. My client fully understands the issues the CCBOC may
have with this rate, but believe that the amounts are justified due to the costs
involved.
If you have any additional questions or concerns regarding my comments, please
contact me directly.
(See attached file: CG_1499772_1.DOC)
(See attached file: CG_1499760_1.DOC)
(See attached file: _1014155943_001.pdf)
Brian A. Williams, Esq.
Cohen & Grigsby, P.C.
27200 Riverview Center Blvd.,
Suite 309
Bonita Springs, Fl 34134-4317
Direct Dial: (239) 444-1821
Main Fax: (239) 390-1901
Email: brian.williams@Cohenlaw.com
Bio available at: http://www.cohenlaw.com/attorneys-179.html
**********************************************************************
This email containsconfidential.privileged information intended only for the
addressee. If you have received this email in error, please call us (collect)
immediately at 239-390-1900 and ask to speak to the message sender. Also, please
email the message back to the sender at Cohen & Grigsby by replying to it and
then deleting it. We appreciate your assistance in correcting this error.
http://www.cohenlaw.com
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Agenda Item No, 12A
March 9, 2010
Page 14 of 20
----- Original Message -----
From: "TeachScott" [ScottTeach@colliergov.net]
Sent: 11/29/2009 11:11 AM EST
To: Brian Williams
Subject: RE: Amendment to Towing Ordinance 1 Booting
Brian,
The amendment was approved by the Board at its November 19th meeting and file-
stamped as received by the State on November 18, 2999. Although the ordinance
became effective upon filing with the State, I am still waiting receipt of a
file-stamped copy from the State.
Scott R. Teach
Deputy County Attorney
Collier County, Florida
Tel: (239) 252-8499
Fax: (239) 252-6300
-----Original Message-----
From: Brian.Williams~cohenlaw.com [mailto:Brian.WilliamS@cohenlaw.com]
Sent: Friday, November 29, 2009 11:94 AM
To: TeachScott
Subject: RE: Amendment to Towing Ordinance / Booting
Scott:
1!,,-,,.t:Mt at ttie~ ~ .....,. of Coanty" 'llIiII!tIIliJ'OII
....... uj_ thIIt tta'~ to the ToIdIlll ~._ f'IC~ for
~,j'~,:<DO you Icnaw,~.tfits' MaS approMdor .1Iit'lf...... i'cIr e . ".. _.
.._~ ,1. HIll -*WI. In addtt1on. '1IIIletl do, ~ lIMlc1P1W"<w1U
"'-'1:<04........,"'"'__. ...-.--_
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Brian A. Williams, Esq.
Cohen & Grigsby, P.C.
27200 Riverview Center Blvd.,
Suite 399
Bonita Springs, FL 34134-4317
Direct Dial: (239) 444-1821
Main Fax: (239) 399-1991
Email: brian.williams~cohenlaw.com
Bio available at: http://www.cohenlaw.com/attornevs-179.html
**********************************************************************
This email containsconfidential.privileged information intended only for the
addressee. If you have received this email in error, please call us
(collect) immediately at 239-399-1999 and ask to speak to the message sender.
Also, please email the message back to the sender at Cohen & Grigsby by replying
to it and then deleting it. We appreciate your assistance in correcting this
error.
Agenda Item No. 12A
Agenda ItMiFNB,~~ g
Octo5'~! ~6\\iJ'
Page 1 of 35
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EXECUTIVE SUMMARY
Request by staff for authorization to advertise and bring back for the Board's
consideration a proposed amendment to Ordinance No. 08-47, which addresses
requirements for non-consent law enforcement towing of vehicles, private property towing
of vehicles, storage of vehicles and maximum chargeable fees by tow truck companies, to
include provisions concerning the immobilization of vehicles ("booting") on private
property and to further clarify language in the ordinance.
OBJECTIVE: That the Board of County Commissioners authorize staff to advertise and bring
back for its consideration a proposed amendment to Ordinance No. 08-47 (the "towing
ordinance"), which addresses requirements for non-consent law enforcement towing of vehicles,
private property towing of vehicles, storage of vehicles and maximum chargeable fees, to include
provisions concerning the immobilization of vehicles ("booting") on private property and to
further clarify language in the ordinance based upon feedback and experience since its enactment
in September 2008.
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CONSIDERATION: The Board directed the County Attorney at its July 28, 2009, meeting to
bring back for its consideration an amendment to the towing ordinance to address a situation
raised by the Collier County Sheriff involving the use of in1mobilizing devices on vehicles
parked on private property. As currently written, the towing ordinance regulates tow truck
companies that physically tow and remove vehicles to offsite locations. In the past year, the
Sheriff has encountered a number of situations where companies are entering into agreements
with property owners to immobilize vehicles using devices commonly referred to as "boots."
The Sheriff believes the practice of in1mobilizing vehicles is in the same vein as the predatory
towing practices that, in part, spurred last year's amendment of the towing ordinance.
Attached to the Executive Summary is a proposed amendment to the towing ordinance that
incorporates language to regulate companies that immobilize vehicles on private property in the
same manner as companies that tow vehicles. Because the towing ordinance did not previously
address the use of immobilizing devices, a maximum fee must also be established for when
vehicles are immobilized. Maximum fees under the towing ordinance are set and may be revised
by separate resolution. A proposed resolution is attached suggesting that immobilization
companies be allowed to charge a maximum fee of twenty-five dollars ($25.00) for each vehicle
that is lawfully immobilized. The twenty-five dollar fee is the same release rate authorized by
the Broward County Board of County Commissioners for unlawfully parking 'on private property
as established in its Resolution No. 2006-17. Other immobilization rates established by Florida
agencies/entities and some out of state jurisdictions are as follows:
Agency
Maximum I!l!IDobilization Rate
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Broward County
City of Tampa
Miami-Dade County
City of Orlando
$25.00
$35.00
$65.00
$22.00 per 24 hours
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Agenda Item No. 12A
Agenda ItMilr~,9, flllli g
OctoEi~~! ~oog
Page 2 of 35
Florida Gulf Coast University
University of Florida
Florida Atlantic University
$30.00
$50.00
$75.00
City of Chicago
Town of Chapel Hill, NC
Montgomery County, Maryland
Kansas City, Missouri
State of UtaI1
Richmond, Virginia
$115.00
$ 55.00
$115.00
$ 75.00
$ 75.00
$ 30.00
The maximum rate to be established for immobilization services is ultimately a policy decision
for the Board to make. If the Board directs staff to advertise the ordinance, the Resolution and
Ordinance will be brought back at the same time and any Board member wishing to establish a
different maximum rate may request discussion on this proposal.
Per the Board's direction at its September 29,2009, meeting, the County Attorney's Office met
with the attorney representing the Whitestone Group, Inc. ("Whitestone") and counsel for the
Collier County Sheriff to discuss concerns that Whitestone had regarding regulating
companies/individuals engaged in immobilizing vehicles on private property. Following the
meeting between iliose parties, the proposed amended ordinance was further modified to address
some concerns mised by Whitestone during that meeting. Whitestone, however, sought to also
include a total maximum in1mobilization release fee of $175.00 per the following proposed
language:
One hundred twenty-five ($125.00) for the first 24 hour period a vehicle is
in1mobilized commencing no earlier than the tinle the vehicle was immobilized
and reported by the tow truck or immobilization company to the Collier County
Sheriff's Office. An additional charge of ten dollars ($10.00) per day may be
applied thereafter for each additional 24 hour period a vehicle is in1mobilized up
to a maximum of five (5) days. The total maximum fee that can be charged for
the in1mobilization ofa vehicle is one hundred seventy-five ($175.00).
Because that total fee is considembly higher than those maximum fees set in Broward, Miami-
Dade, and by the City of Tampa, I declined including that language in the attached proposed
resolution.
In addition, ilie proposed amended ordinance eliminates a requirement iliat tow truck companies
maintain a current occupational license at each of its storage facilities. As amended, companies
must still have a current occupational license to operate but may maintain the license at a
business or home office location rather than at each of its stomge facilities. The revision of this
language elinlinates actual and potential situations where an existing property owner might
require expensive modifications to Site Development Plans and/or building permits to operate at
its storage facilities.
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Agenda Item No. 12A
Agenda ItMiFfiiI:\1~~g
Octob&M7: 20\5~
Page 3 of 35
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Finally, the proposed amended ordinance includes some revisions that are non-substantive in
nature and merely intended to clarify existing language. All proposed revisions in the amended
ordinance are reflected by underscored additions and strikethrough deletions, addressing only
those sections of the ordinance where amendments are being proposed.
FI~(:AL IMPACT: None.
LEGAL CONSIDEI!ATION,S;. This item has been reviewed and approved by the County
Attorney's Office and is legally sufficient for Board review-SRT.
GROWTH MANAGEMENT IMPACT: None.
J,iECOIVlMENDATION: That the Board of County Commissioners authorize staff to advertise
the attached Ordinance amending Ordinance Number 08-47 and to bring back to the Board the
amended ordinance and proposed Resolution for its consideration.
Prepared B~:
Scott R. Teach, Deputy County Attorney
Attachments:
Proposed Ordinance and Resolution.
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Agenda Item No. 12A
Agenda fN1,w;qljffi'~ 0
Noveni5'~I'o, ~~O
Page 1 of 36
. EXECUTIVE SUMMARY
Recommendation that tbe Board of County Commissioners approve an ordinance
amending Ordinance Number 08-47, as amended ("Maximum fees for non-consent towing
and storage of vebicles"), wbich addresses requirements for non-consent law enforcement
towing of vehicles, private property towing of vehicles, storage of vehicles and mllIimum
chargeable fees by tow truck companies, to include provisions concerning tbe
immobilization of vehicles ("booting") on private property and to further clarifY language
in the ordinance and for approval of a Resolution establishing maximum fees for vehicle
immobilization services.
OBJECTIVE: That the Board of County Commissioners approve a proposed amendment to
Ordinance No. 08-47 (the "towing ordinance"), which addresses requirements for non-consent
law enforcement towing of vehicles, private property towing of vehicles, storage of vehicles and
maximum chargeable fees, to include provisions concerning the immobilization of vehicles
("booting") on private property and to further clarifY language in the ordinance based upon
feedback and experience since its enactment in September 2008, and for approval of a
Resolution establishing maximum fees for vehicle immobilization services.
CONSIDERATlOl'i;, The Board directed the County Attorney at its July 28,2009, meeting to
bring back for its consideration an amendment to the towing ordinance to address a situation
raised by the Collier County Sheriff involving the use of immobilizing devices on vehicles
parked on private property. As currently written, the towing ordinance regulates tow truck
companies that physically tow and remove vehicles to offsite locations. In the past year, the
Sheriff has encountered a number of situations where companies are entering into agreements
with property owners to immobilize vehicles using devices commonly referred to as "boots."
The Sheriff believes the practice of immobilizing vehicles is in the same vein as the predatory
towing practices that, in part, spurred last year's amendment of the towing ordinance.
Attached to the Executive Summary is a proposed amendment to the towing ordinance that
incorporates language to regulate companies that immobilize vehicles on private property in the
same manner as companies that tow vehicles. Because the towing ordinance did not previously
address the use of immobilizing devices, a maximum fee must alsO be established for when
vehicles are immobilized. Maximum fees under the towing ordinance are set and may be revised
by separate resolution. A proposed resolution is attached suggesting that immobilization
companies be allowed to charge a maximum fee of twenty-five dollars ($25.00) for each vehicle
that is lawfully immobilized. The twenty-five dollar fee is the same release rate authorized by
the Broward County Board of County Commissioners for unlawfully parking on private property
as established in its Resolution No. 2006-17. Other immobilization rates established by Florida
agencies/entities and some out of state jurisdictions are as fo Hows:
Agency
MlQtimum Immobilizatio.!) Rate
Broward County
City of Tampa
$25.00
$35.00
Agenda Item No. 12A
Agenda M.wiqljr~~~
Noveni5"~I'o, 2~
Page 2 of 36
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Miami-Dade County
City of Orlando
Florida Gulf Coast University
University of Florida
Florida Atlantic University
$65.00
$22.00 per 24 hours
$30.00
$50.00
$75.00
City of Chicago
Town of Chapel Hill, NC
Montgomery County, Maryland
Kansas City, Missouri
State of Utah
Richmond, Virginia
$115.00
$ 55.00
$115.00
$ 75.00
$ 75.00
$ 30.00
The maximum rate to be established for immobilization services is ultimately a policy decision
for the Board to make.
Per the Board's direction at its September 29, 2009, meeting, the County Attorney's Office met
with the attorney representing the Whitestone Group, Inc. ("Whitestone") and counsel for the
Collier County Sheriff to discuss concerns that Whitestone had regarding regulating
companies/individuals engaged in immobilizing vehicles on private property. FoHowing the
meeting between those parties, the proposed amended ordinance was further modified to address
some concerns raised by Whitestone during that meeting. Whitestone, however, sought to also
include a total maximum immobilization release fee of $175.00 per the following proposed
language:
One hundred twenty-five ($125.00) for the first 24 hour period a vehicle is
immobilized commencing no earlier than the time the vehicle was immobilized
and reported by the tow truck or immobilization company to the Collier County
Sheriffs Office. An additional charge of ten dollars ($10.00) per day may be
applied thereafter for each additional 24 hour period a vehicle is immobilized up
to a maximum of five (5) days. The total maximum fee that can be charged for
the immobilization ofa vehicle is one hundred seventy-five ($175.00).
Because that total fee is considerably higher than those maximum fees set in Broward, Miami-
Dade, and by the City of Tampa, I declined including that language in the attached proposed
Resolution. Other than the new proposed fee pertaining to vehicle immobilization services, none
of the existing fees have been changed.
In addition, the proposed amended ordinance eliminates a requirement that tow truck companies
maintain a current occupational license at each of its storage facilities. As amended, companies
must still have a current occupational license to operate but may maintain the license at a
business or home office location rather than at each of its storage facilities. The revision ofthis
language eliminates actual and potential situations where an existing property owner might
require expensive modifications to Site Development Plans and/or building permits to operate at
its storage facilities.
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Agenda Item No. 12A
Finally, the proposed amended ordinance includes some revisions that are non-sub~~h.~ ~~i~
nature and merely intended to clarifY existing language. All proposed revisions in the amended
ordinance are reflected by underscored additions and strikethrough deletions, addressing only
those sections of the ordinance where amendments are being proposed.
FISCAL IMPACT: None.
LEGAL CON~IDE~TIONS: This item has been reviewed and approved by the County
Attorney's Office and is legally sufficient fur Board review--SRT.
GROWTH MANAGEMENT IMPACT: None.
RECOMMENDATION: That the Board of County Commissioners approve the attached
Ordinance amending Ordinance Number 08-47 and the proposed Resolution establishing
maximum rates for immobilized vehicles.
Pr~red BX:
Scott R. Teach, Deputy County Attorney
Attachments:
Proposed Amended Ordinance and Resolution.
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