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Agenda 06/08/2010 Item #12A Agenda Item No. 12A June 8, 2010 Page 1 of 8 EXECUTIVE SUMMARY A report in response to the Board's direction at its March 9, 2010, meeting regarding the regulation of companies providing vehicle immobilization services in Collier County and a request for direction with respect to amending Ordinance No. 08-47, as amended, and the maximum vehicle immobilization rate established by Resolution No. 2009-271. OBJECTIVE: To report back to the Board in response to its direction to consider an increase of the current flat $25,00 maximum immobilization or ''booting'' rate in Collier County to $75.00, subject to the following: (1) that companies providing booting services are required to be a licensed towing/wrecker operator and (2) that vehicle owners be provided a first warning prior to having their vehicles booted. CONSIDERATION: On November 10, 2009, the Board approved Agenda Item number 17G, which establishes a flat $25.00 vehicle immobilization rate, At the request of Commissioner Fiala at its February 23,2010 meeting, the Board of County Commissioners directed the County Attorney to review that rate and bring back a survey of vehicle ilmnobilization rates charged by other jurisdictions. On March 9, 2010, the County Attorney's Office presented a survey of immobilization rates from other jurisdictions. At that meeting, the Board listened to comments from members of the public, including those residing in various residential neighborhoods that utilize booting services offered by the Whitestone Group; an active for profit Florida corporation providing security services in Collier and Lee County. At the conclusion ofthe March 9,2010 meeting, the Board directed staff to review the maximum fee schedule to consider an increase to the maximum rate for vehicle immobilizations to $75.00 (while also exploring the possibility of a sliding scale fee schedule if a vehicle remains immobilized for multiple consecutive days), implementing a warning system so that first time violators will not have their vehicles booted, and requiring companies providing immobilization services to possess towing/wrecker company licenses. As the Board will recall, the Collier County Sheriff sought the amendment of Ordinance No. 08- 47 (the towing ordinance) to include regulating booting because his office began to encounter multiple situations involving companies hired to boot vehicles on private property. The Sheriff viewed the practice of booting vehicles as similar to the predatory towing practices that, in part, led to an amendment of the tow truck ordinance in September 2008. The Whitestone Group's Proposal Since the March 9, 2010 meeting, the County Attorney's Office has had several conversations with members of the public that appeared and spoke at that meeting as well as with counsel for the Whitestone Group. The Whitestone Group is currently suing the County concerning the County's maximum booting fee. A further meeting was scheduled with the Whitestone Group's attorney on May 28, 2010, but its attorney cancelled an hour before the scheduled meeting time. Agenda Item No. 12A June 8, 2010 Page 2 of 8 Counsel for the Whitestone Group did, however, advise the County Attorney's Office that it would be agreeable to a resolution in which: · The maximum booting fee is set at $100,00, · Companies providing booting services do not have to be licensed tow truck operators, and · No warning is required prior to booting improperly parked vehicles. Mutual efforts to meet are ongoing between the Whitestone Group's attorney and the County Attorney. Report and Recommendation Notably, on March 23, 2010, Lee County passed Resolution No. 10-03-25, which establishes a $50.00 maximum chargeable rate for releasing immobilized vehicles on private property. A copy of Lee County's Resolution is attached for the Board's review. Also of note to the Board is that a class-action lawsuit has been filed against the Whitestone Group in Lee County claiming the company is engaging in unlawful vehicle booting practices. The merit of that lawsuit is unknown. I. Maximum Rate The $75,00 rate proposed by the Board is reasonable and in-line with the current maximum amount in neighboring Lee County. Although a flat fee such as those currently in effect in Lee and Collier Counties are easily administered, to the extent that the Board also sought feedback as to whether a sliding scale maximum fee might be appropriate, an additional fee for subsequent days a vehicle is immobilized would not be unlawful. 2. First Time Warnings As discussed by the Board at the March 9th meeting, there are inherent difficulties in creating a first time warning prior to booting. Other jurisdictions, similar to Collier County simply have a requirement that notice be posted on the private property that vehicles might be towed or immobilized when improperly parked. One suggestion, although not found in use in another jurisdiction, is to require booting companies that find improperly parked vehicles to place a bright colored sticker on the driver's side window noting the date and time the vehicle was discovered improperly parked and stating that the vehicle will be immobilized if it is not moved within 12 hours (or some other specified time period). 3. Tow Truck Licensing Requirement The Board also directed staff to examine whether it is appropriate to require booting companies to be licensed tow truck operators. Some jurisdictions in Florida have separate licensing requirements to conduct a booting operation; usually by requiring a separate application and licensing fee to the county or municipality. For example, Miami-Dade County has an annual $500.00 application fee for booting companies. Booting license fees for individual operators in 2 Agenda Item No. 12A June 8, 2010 Page 3 of 8 Miami-Dade is only $50.00. That additional licensing requirement, however, does not mandate that persons or companies booting vehicles be licensed tow truck operators. In fact, such jurisdictions usually recognize separate and distinct insurance requirements for companies that only boot vehicles versus those that tow, remove and store vehicles (e.g., Miami-Dade requires $25,000.00 in liability insurance, West Palm Beach requires $20,000.00). Although the Board could direct the creation of a separate application and license for companies wishing to operate provide booting services in Collier County, because companies that only boot do not tow, remove or store vehicles, there may not be a reasonable nexus to require those companies to be held to the same requirements as a towing company. 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 report to the Board and provide direction as to whether it wishes to amend Ordinance No. 08-47 and Resolution No, 2009-271. Prepared Bv: Scott R. Teach, Deputy County Attorney Attachments: Lee County Resolution No. 10-03-25 3 Agenda Item No. 12A June 8, 2010 Page 4 of 8 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: Item Summary: .12A A report in response to the Boards direction at its March 9, 2010, meeting regarding the regulation of companies providing vehicle immobilization services in Collier eounty and a request for direction with respect to amending Ordinance No. 08-47, as amended, and the maximum vehicle immobilization rate established by Resolution No. 2009-271. 6/8/2010 9:00:00 AM Meeting Date: Prepared By Scott R. Teach Deputy County Attorney Date County Attorney County Attorney 6f2/2010 8:20:54 AM Approved By Jeff Klatzkow County Attorney Date 6/2/2010 8:27 AM Approved By OMB Coordinator Date County Manager's Office Office of Management & Budget 6/2f2010 8:53 AM Approved By Randy Greenwald ManagementfBudget Analyst Date Office of Management & Office of Management & Budget Budget 6f2f2010 9:52 AM Approved By Leo E. Ochs, Jr. County Manager Date County Managers Office County Managers Office 6/2/2010 11 :59 AM Agenda Item No. 12A June 8, 2010 Page 5 of 8 ,; ; j"' LEE COUNTY RESOLUTION NO. 10-03-25 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF LEE COU.NTY, FLORIDA AMENDING THE MAXIMUM REMOV AL, TOWING, STORAGE AND IMMOBILIZA TION SERVICE RATES FOR VEHICLES IN UNINCORPORA TED LEE COUNTY. WHEREAS, on June 27. 2000, the Board of County CO":lmissioners of Lee County, Florida (the "Board"), adopted Lee County Ordinance No. .00-13, adopting maximum removal, towing, storage and immobilization service rates ("Rates") pursuant to Florida Statutes Section 715.07 and 125,0103; and, WHEREAS, Lee County Ordinance No. 00-13 authorizes the Board to amend the Rates by Resolution; and, NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF LEE COUNTY, FLORIDA, that: In accordance with Section Four of Lee County Ordinance No. 00-13, the Rates are amended as described in Exhibit "A", Commissioner Mann made ~ motion to adopt the foregoing Resolution, seconded by Commissioner Judah. The vote was as follows: VACANT BRIAN BIGELOW RAY JUDAH TAMMARA HALL FRANK MANN AYE AYE AYE AYE Al4b 3-23-10 - Agenda Item No. 12A June 8, 2010 Page 60f8 DULY PASSED AND ADOPTED this 23m day of March r 2010. ATTEST: CHARLIE GREEN CLERK OF COURTS BOARD OF COUNTY COMMISSIONERS OF LEE COUNTY, FLORIDA BY: .'tnn.J,~ ~ "bJ: J/J I1>1J Deputy Clerk BY: ~I Chair ~.:- .....~.....,..... \ \ \ -':'- .~\~!n Y CO,J..'l, :;i~~\.\s.~'''.....~~V~ If .7" 'i'-.;h ,.' '::<13>. I - ~".' . .~~ 'I ..... """., . c.- ' -;~t: C1EAL:'?~' -" . l <;;. ..lC"" ? .. ~ . c,,-.) r" ,~ .. : ~ t, ,.". ....:; f yr.'.... .."- ~~ .rlr......~.. ~~~ - , ! i ~.;'f!J;'fT11 o\.~~~_-- ~ \ t -, I : I}"' ..... 1."\ .~.'\.................. BY: S:\GS\JRS\Resohrtions\Resolullon - TOWing and Storage Rates.doc "EXHIBIT A" 2010 - MAXIMUM RATE SCHEDULE LEE COUNTY. FLORIDA CLASS A WRECKERS: (INCLUDING ROLL-BACK OR SLIDE-BACK CARRIERS) Base Rate Mi1e~ge Rate (per mile charge beyond 10 mile radius) Hourly Rate (for waiting or working time on scene after first 30 minutes) CLASS B WRECKERS: Base Rate CLASS C WRECKERS: Base Rate Mileage Rate (per mile charge beyond 10 mile radius) Hourly Rate SEPARATE CHARGES: 1. Removal of Drive Shaft 2. Air.Hook-up 3. Remove/Pull Axle . 4. Remove Bumper 5, Removal Air Foils 6. LandoU Trailer -' Semi roll back or drop back trail or truck 7. Air Bags 8. Extra Manpower - Per man hour charge DAILY MAXIMUM URBAN STORAGE TO 20 FEET IN LENGTH: Inside $30,00 Outside $25.00 Agenda Item No. 12A June 8, 2010 Page 7 of 8 RATE $100.00 $3.00 $65.00 $135.00 $4.00 $80.00 $200.00 $5.00 $175.00 % hour \Norkod /\11 Minimum % hour applicable rate or actual time-worked at aoplicable hourlY rate $150,00 $2,000,00 $50.00 - .. ( Agenda Item No. 12A June 8, 2010 Page 8 of 8 . DAIL Y MAXIMUM URBAN STORAGE OVER 20 FEET IN LENGTH: Inside $45.00 Outside $40:00 MAXIMUM RATE CHARGABLE FOR RELEASING AN IMMOBILIZED VEHICLE ON PRIVATE PROPERTY: $50 for each immobilization properly conducted in accordance with Ordinance 00-13 and Florida law.