Ordinance 013-2015ORDINANCE NO. 013 - 2015
AN ORDINANCE OF THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA,
AMENDING CHAPTER 25 ARTICLE I, MONROE
COUNTY CODE, BY THE ADDITION OF NON-
CONSENSUAL TOWING SERVICES AS SECTION 25 -7;
SETTING FORTH THE AUTHORITY TO ENACT THE
ORDINANCE; SETTING FORTH THE TITLE AND
PURPOSE; PROVIDING DEFINITIONS; REQUIRING A
PERMIT FOR NON - CONSENSUAL TOWING
SERVICES, SETTING FORTH PERMIT
REQUIREMENTS; SETTING FORTH EQUIPMENT
REQUIREMENTS; SETTING FORTH MAXIMUM
RATES; SETTING FORTH TOW TRUCK COMPANY
REQUIREMENTS; SETTING FORTH INSURANCE
REQUIREMENTS; SETTING FORTH AUTHORITY
FOR TOWING WITH PRIOR EXPRESS INSTRUCTION
OF REAL PROPERTY OWNER, DULY AUTHORIZED
AGENT OR LAW ENFORCEMENT AGENCY;
SETTING FORTH ENFORCEMENT AND PENALTY
PROVISIONS; PROVIDING FOR SEVERABILITY;
PROVIDING FOR THE REPEAL OF ALL
ORDINANCES INCONSISTENT HEREWITH;
PROVIDING FOR INCORPORATION INTO THE
MONROE COUNTY CODE OF ORDINANCES; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Board of County Commissioners finds it necessary for the
protection of the public's health, safety and welfare to enact regulations governing
nonconsensual tows; and
WHEREAS, the Board of County Commissioners is expressly authorized to
enact the provisions below in accordance with Florida Statute Sections 125.0103(1)
(b) and 715.07;
NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF
COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, AS
FOLLOWS:
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Section 1. Section 25 -7(A) is hereby added to the Monroe County Code of
Ordinances as follows:
Sec. 25 -7(A). - Authority.
This section is enacted pursuant to the statutory power of Monroe County to establish
and enforce business regulations necessary for the protection of the public, and
pursuant to Florida Statutes, Sections 125.0103(1)(b) and 715.07.
Section 2. Section 25 -7(B) is hereby added to the Monroe County Code of
Ordinances as follows:
Sec. 25 -7(B). - Short title.
This section shall be known as "The Non - Consensual Private Towing Services
Ordinance of Monroe County."
Section 3. Section 25 -7(C) is hereby added to the Monroe County Code of
Ordinances as follows:
Sec. 25 -7(C). - Purpose.
The purpose of this section is to regulate non - consensual tows consistent with Federal
and State laws and to create a mechanism for the establishment of maximum
permissible rates which may be charged for the towing and storage of motor
vehicles /vessels by private persons not acting at the behest of local, county, state, or
federal government and without the consent of the owner when such vehicles /vessels
are located on private or public land. This section shall not apply to vessels located
and towed or removed from private or public waterways.
Section 4. Section 25 -7(D) is hereby added to the Monroe County Code of
Ordinances as follows:
Sec. 25 -7(D). - Definitions.
For purposes of this section, the following definitions shall apply:
"Board" shall mean the Board of County Commissioners of Monroe County, Florida.
"Custodian" shall mean one lawfully authorized and entrusted to possess, guard,
maintain, and/or operate the property of another.
"Permitting official" shall mean the County Administrator or his/her designee.
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"Non- consent" or "Nonconsensual private towing services" shall mean the
immobilizing, towing and/or storage of a vehicle or vessel, without the prior express
consent of the owner or custodian, by any person who is not acting pursuant to a
contract with a unit of local, county, state, or federal government.
"Owner" shall mean that person who exercises dominion and control over a vehicle,
other personal property, or real property, including, but not limited to, the legal
titleholder, lessee, designated representative of a condominium association, or any
other person authorized to share dominion and control over the property.
"Person" shall mean any natural person, or any association, corporation, firm, joint
venture, partnership, or other entity.
"Storage" shall mean the safekeeping of a vehicle which has been towed under the
authority of this section.
"Towing" or "tow" shall mean taking possession of a vehicle and its contents,
exercising control, supervision and responsibility over it, and changing its location by
immobilizing, hauling, drawing, or pulling it by means of another vehicle, with or
without booms, car carriers, winches, or similar equipment.
"Vehicle" shall mean an automobile, bus, motorcycle, recreational unit primarily
designed as temporary living quarters which either has its own motive power or is
mounted on or drawn by another vehicle, semi - trailer, semi - trailer combination,
trailer, truck, truck tractor, van, or any other mechanized conveyance used to
transport persons or property and designed to operate on public roads without a fixed
track.
Section 5. Section 25 -7(E) is hereby added to the Monroe County Code of
Ordinances as follows:
Sec. 25 -7(E). - Operating permit required.
1) Except as otherwise provided herein, it shall be unlawful for any person to
conduct nonconsensual private towing services, or to cause or permit any other
person for compensation to conduct nonconsensual private towing services in the
County without first obtaining a nonconsensual tow permit under this section. It shall
also be unlawful to advertise said services without first obtaining and maintaining a
current non - consensual tow permit pursuant to the provisions of this section. A
person conducting non - consent tows in the County but having his/her primary place
of business outside of the County shall be required to obtain a non - consensual tow
permit and shall be subject to all the provisions of this section.
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(2) Nothing in this section shall be construed to prohibit the discharge or storage
of a vehicle lawfully recovered, towed or removed within a City or another County
and lawfully transported within, or into, the County; nor shall anything in this section
be construed to prohibit a vehicle owner from requesting the services of a towing
business not regularly doing business in the County (i.e., routinely, contracted, etc.) to
tow or transport such vehicle out of the County.
(3) The provisions of this section shall not apply to governmental agencies and
persons operating pursuant to a government initiated tow request.
Section 6. Section 25 -7(F) is hereby added to the Monroe County Code of
Ordinances as follows:
Sec. 25 -7(F). - New applications /renewals and issuance of non - consensual tow
permit; fees.
(1) Permit - The Permitting official shall issue a nonconsensual tow permit to
persons that have met the requirements as provided for in this sub - section. A non-
consensual tow permit may be issued to persons having a non - consensual tow permit
from a jurisdiction meeting the requirements set forth below.
(2) Every application/renewal for an operating permit shall be in writing, signed
and verified by the applicant, and filed with the County Administrator or his
designee. The completed application packet may be mailed or hand delivered to the
Office of the Monroe County Administrator. If mailed, the applicant shall be
responsible for ensuring delivery of the application packet. The application/renewal
shall be on a form prescribed by the County Administrator or his designee and shall
contain all the information required by that form, including, but not limited to:
I. Sufficient information to identify the applicant; including, but not limited to,
full legal name, date of birth or date of formation or incorporation of legal
entity, business telephone numbers, and all business and residence addresses.
If the applicant is a corporation, the foregoing information shall also be
provided for each corporate officer, director, resident agent and shareholder. If
the applicant is a partnership, the foregoing information shall also be provided
for each general and each limited partner. Post office box addresses will not
be accepted.
II. Documentation demonstrating that all corporate or partnership applicants
are qualified to do business under state law.
III. Photocopy of all city and county business tax receipts of the applicant.
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IV. A list of all persons with any ownership interest in the applicant who have
previously been denied a license.
V. Any trade name under which the applicant operates, intends to operate, or
has previously operated, and a description of proposed, existing and previous
towing vehicles' colors and markings.
VI. A description of the applicant's management plan, which shall include, but
is not limited to: Location and description of all places of business; a
description of all towing vehicles and equipment; a description of the plan and
facilities for maintaining towing vehicles and equipment; a system for
handling complaints and accidents, insurance coverage and a description of
any communication system.
VII. A description of services proposed to be provided, including, but not
limited to, days and hours of operation and types of towing and storage
services to be provided.
VIII. Sufficient information to identify the applicant and each employee,
including, but not limited to, full legal name, date of birth and social security
number. For each employee, the towing company shall obtain documentation
from the relevant local, state and federal agencies regarding the employee's
criminal and arrest history and either submit such information to the county or
submit proof that such employee has undergone a background screening and
has been cleared by either the FHP or MCSO within the previous 12 months.
Towing companies shall submit current employee information every year.
IX. If the applicant is a sole proprietorship; the individual applicants shall
obtain and submit their fingerprints and photographs from an appropriate law
enforcement agency and provide them with the application and, where civil
rights have been revoked, provide such information with the application. If the
applicant is a corporation or partnership, all such information shall be
provided by all corporate officers and directors, or partners, as the case may
be, and by all stockholders who own, hold or control five percent or more of
issued and outstanding stock in the corporation or beneficial interest therein,
and by all officers and directors of any corporate general partners of a
partnership and by stockholders who own, hold or control five percent or more
of issued and outstanding stock in a corporate general partner, or beneficial
interest therein. In lieu of providing the information required by this
subsection, applicant may submit proof that such information has been
provided to the FHP or MCSO and the applicant(s) have been cleared by said
agency.
X. Proof of insurance as required in this section.
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XI. The signature of each individual applicant, the signature of the president
or vice - president of a corporate applicant, and the signature of all the general
partners of a partnership applicant.
XII. An affidavit signed by the applicant that the applicant shall abide by this
article, city, county and state law.
XIII. It shall be a violation of this section to fail to report to the Permitting
official any material change pertaining to the information supplied by the
applicant or licensee for his license, including, but not limited to, changing the
location of the applicant's place of business prior to issuing the license and
during the time period for which the license has been issued.
XIV. Each applicant for a license shall provide a schedule of all proposed
rates and charges.
XV. Any additional information about the application as the Permitting
official may deem appropriate.
(3) The Permitting official shall review and investigate each application/renewal
of a non - consensual tow permit and shall deny any application/renewal that is
incomplete or untrue in whole or in part, or which fails in any way to meet the
requirements of this section. The Permitting official shall have 30 days from the date
of receipt of the application to complete the review and either issue the permit or
deny the application. In the event of a denial, the Permitting official shall inform the
applicant in writing of the basis for the denial. Any application for which a written
denial has not been issued within 30 days of receipt shall be deemed approved.
(4) The Applicant must arrange for, submit to, and include a background check (at the
applicant's sole expense), and to be eligible for a nonconsensual tow permit the
Permitting official must find that:
(a) Neither the applicant, nor any officer, director or partner of the applicant,
nor any stockholder owning, holding, controlling or having a beneficial
interest in five percent or more of the issued and outstanding stock of a
corporate general partner of a partnership applicant, has a currently suspended
permit, has had its permit revoked by action of the Permitting official within
two years of the date of application, or has outstanding and unsatisfied civil
penalties imposed on account of violations of this article.
(b) Neither the applicant, nor any officer, director or partner of the applicant,
nor any stockholder owning, holding, controlling or having a beneficial
interest in five percent or more of the issued and outstanding stock of a
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corporate general partner of a partnership applicant, has been convicted of one
or more felonies within the preceding five years; or that three misdemeanors
have been committed within the 36 -month period preceding the date of the
application, unless the civil rights of such individual or applicant have been
restored or that such person has successfully completed all sentences of
incarceration, probationary periods, required rehabilitation activities and
payment of all fines and penalties imposed. For applicants requesting renewal,
the Permitting official may only consider crimes committed after the date the
applicant obtained his license, unless such crimes were not previously
disclosed in the original application.
(c) Each corporate or partnership application is qualified under the state law to
do business under the trade name or names under which it has applied for a
license.
(d) No fraud or willful or knowing misrepresentation or false statement was
made in the application.
(e) No judgment against the applicant arising out of the activity of recovery,
towing or removing a vehicle or providing storage in connection therewith
remains unsatisfied, unless a stay or reversal of the judgment is procured
through the courts.
(f) No outstanding warrants of arrest against the applicant nor any officer,
director or partner of the applicant, nor any stockholder owning, holding,
controlling or having a beneficial interest in five percent or more of the issued
and outstanding stock of a corporate general partner of a partnership applicant.
(5) If there are six (6) months or less remaining before the annual renewal period, the
nonrefundable fee for the non - consensual tow permit shall be fifty (50) percent of the
approved fee, otherwise all other fees are applicable.
(6) Except for the initial permit, each non - consensual tow permit issued pursuant to
this section shall be valid and effective for a maximum of one (1) year. Each non-
consensual tow permit shall terminate on June 30 of each year.
(7) Persons failing to submit a complete and true application within thirty (30)
calendar days after the Permitting official's receipt and any notification of the
incompleteness of the application shall be denied a non - consensual tow permit.
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(8) All non - consensual tow permits shall be renewed annually. As a part of the
renewal process, the original application shall be updated and verified by the
applicant. Each updated renewal application shall be accompanied by a
nonrefundable fee. All non - consensual tow permits which are not renewed shall
automatically expire upon the expiration date of the permit, and all non - consensual
tows shall cease immediately. The Permitting official shall deny each renewal
application that is not timely, is incomplete, is untrue in whole or in part, is
unaccompanied by the required fees, or results in a determination by the Permitting
official that the applicant has failed to satisfy the requirements of this section.
(9) After initial application and upon renewal, the applicant shall submit to a
background investigation every other year the results of which shall be provided to
the Permitting official.
(10) Each non - consensual tow permit shall be printed on a certificate containing, at a
minimum, the name and address of the company, the name of the principal, the dates
the operating permit is in effect, and any identifying number assigned by the
Permitting official to the company. The non - consensual tow permit certificate issued
by the Permitting official shall remain the property of the Monroe County and shall
be used only under the authority of this section.
(11) A non - consensual tow permit issued or renewed pursuant to the provisions of
this section shall not be transferable, nor shall the ownership structure of the
operating permit be so modified as to constitute a change in the control or ownership
of the operating permit. If the business changes its name or ownership structure, a
new business permit application and the business application permit fee shall be
submitted to the Permitting official within forty- five (45) days of said change. In
cases where the name of the business changes, the new business will be required to
have each vehicle inspected.
(12) An initial application fee of $200.00 shall contemporaneously be submitted to
the Permitting office. The annual renewal fee shall be $150.00
(13) Failure to comply with the provisions of this section shall result in denial of a
non - consensual tow permit, revocation or suspension of the permit, a denial of
renewal of such permit, issuance of a civil citation, a misdemeanor citation and/or
other such remedies available as specified herein.
Section 7. Section 25 -7(G) is hereby added to the Monroe County Code of
Ordinances as follows:
Sec. 25 -7(G) Required Equipment
(1) Every towing service operating under this section will be required to comply with
the equipment requirements set forth in M.C.C. section 25 -4(b).
(2) No more than 30 days prior to submitting the initial application, or a renewal
application, the applicant shall be required to undergo an inspection performed by the
Monroe County Fleet Maintenance Department showing that the applicant complies
with the equipment requirements set forth in M.C.C. section 25 -4(b). The applicant
will be required to contact the Monroe County Fleet Maintenance department and
schedule a mutually convenient time for said inspection. Upon completing the
inspection the Monroe County Fleet Maintenance Department shall provide the
applicant with an inspection form signed by the individual performing the inspection.
Applicant shall submit the inspection form with the initial /renewal application.
Applicants, in the 6 months prior to submission of an application, who have had their
equipment inspected by the Monroe County Sheriff's Office or the Florida Highway
Patrol pursuant to M.C.C. section 25 -4 may submit a copy of the completed
inspection form, signed by a MCSO deputy or FHP officer, in lieu of the inspection
performed by the Monroe County Fleet Maintenance Department.
Section 8. Section 25 -7(H) is hereby added to the Monroe County Code of
Ordinances as follows:
Sec. 25 -7(H). - Maximum rates for nonconsensual towing services.
(1) The maximum rate for a nonconsensual private tow shall be as follows:
(1) $135.00 for mopeds, motorcycles, cars and vehicles weighing 10,000
pounds or less plus $3.00 per mile.
(2) $200.00 for vehicles weighing between 10,001 and 20,000 pounds plus
$4.00 per mile.
(3) $485.00 for vehicles weighing in excess of 20,000 pounds plus $5.00 per
mile.
(4) A labor rate of up to a maximum of $135.00 per hour may be applied in
circumstances where extraordinary effort, such as the use of multiple tow
trucks, is required.
A person in the process of towing or removing a vehicle or vessel from the
premises or parking lot in which the vehicle or vessel is not lawfully parked must stop
when a person seeks the return of the vehicle or vessel. The vehicle or vessel must be
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returned upon the payment of a reasonable service of not more than one -half the rates
set forth above. The vehicle or vessel may be towed or removed if, after a reasonable
opportunity, the owner or legally authorized person in control of the vehicle or vessel
is unable to pay the service fee. If the vehicle or vessel is redeemed, a detailed signed
receipt must be given to the person redeeming the vehicle or vessel.
(2) Storage fees may be charged only after the vehicle has been in the storage facility
for at least six (6) hours. If the vehicle is not recovered by the vehicle /vessel owner
after the six -hour time period has elapsed, then storage charges shall accrue in
twenty -four- hour increments from the time the vehicle /vessel arrived in the storage
facility at the rate of thirty dollars ($30.00) per day for outside storage plus $2.00 per
foot for motor vehicles over 20 feet long and forty dollars ($40.00) per day for inside
storage plus $2.00 per foot for motor vehicles over 20 feet long.
(3) An administrative fee in the maximum amount of twenty -five dollars ($25.00)
shall be charged for all vehicles. A notification/lien fee of $50.00 for the first
notification and $20.00 for each additional letter shall only be charged after the
vehicle /vessel has been in the storage facility for at least twenty -four hours (24)
hours; and, the non - consent tow company must show proof that lien letter(s) have
been prepared with the appropriate names /addresses (i.e., U.S. Mail Certification
Number, correspondence copies, etc.) and that actual fees for obtaining required
ownership information have been expended. Failure to document and provide all of
the above required information will result in notification/lien fee charges being
removed from the total cost of the service /invoice and is a violation of this section.
Prior to instituting such charge, the tow company must provide such documentation
to the vehicle /vessel owner upon demand.
(4) After -hour gate fees may not be applied between the hours of 8:00 a.m. and 5:00
p.m. Monday through Friday (excluding federal holidays). The maximum amount of
such after -hours gate fee shall be seventy -five dollars ($75.00).
(5) Persons who provide services pursuant to this section shall not charge in excess of
the maximum allowable rates established by the Board. No person providing services
pursuant to this section shall charge any type of fee other than the rates the Board has
specifically established. Persons who provide nonconsensual tow services from the
County to a location outside the County shall abide by the terms of this section
including all rates and charges adopted by the Board.
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(6) Persons who provide non - consensual tow services pursuant to this section shall
provide a Monroe County, Florida Maximum Non - Consent Towing Rates sheet to the
vehicle or vessel owner upon request at the time of payment.
(7) Every towing service operating under this section shall conspicuously display at
its place of business the maximum charges that may be imposed for ordinary towing
and road service under this section.
(8) Upon payment of the fees specified herein, persons who provide non - consensual
tow services in areas where the speed limit exceeds 35 mph shall make reasonable
arrangements to return any non - commercially owned moped, electric car or similar
reduced -speed vehicle to the vehicle owner. The tow company may impose a fee, not
to exceed $50.00 and $3.00 per mile (one way only) for the return delivery service.
Section 9. Section 25 -7(I) is hereby added to the Monroe County Code of
Ordinances as follows:
Sec. 25 -7(I). - Non - consent tow company requirements.
(1) Non - consent tow companies which provide services pursuant to this section shall
advise any vehicle /vessel owner who calls by telephone prior to arriving at the
storage facility of the following:
(a) Each and every document or other item which must be produced to retrieve
the vehicle /vessel;
(b) The exact charges as of the time of the telephone call, and the rate at which
charges accumulate after the call;
(c)The acceptable methods of payment; and
(d) The hours and days the storage facility is open for regular business.
(2) Persons providing nonconsensual tow services pursuant to this section shall allow
every vehicle /vessel owner to inspect the interior and exterior of the towed vehicle
upon his or her arrival at the storage facility before payment of any charges (except
for "after -hour gate fee "). With the exception of vehicle being held pursuant to the
specific request or "hold order" of a law enforcement agency, the vehicle /vessel
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. A
vehicle /vessel owner who shows a government issued photo identification shall be
given access to view ownership documents stored in the vehicle /vessel. The
vehicle /vessel and/or personal property shall be released to the vehicle /vessel owner
if the ownership documents are consistent (name and address) with the photo
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identification. When a vehicle /vessel owner's government issued identification and
ownership documents are stored inside the impounded vehicle due to unforeseen
circumstances, the tow company shall be required to recover the ownership
documents stored in the impounded vehicle (i.e., glove compartment, sun visors, etc.)
upon receipt of a vehicle /vessel key, vehicle access code, or electronic device from
the vehicle /vessel owner that would allow entry. The vehicle /vessel and/or personal
property shall be released to the vehicle /vessel owner if the ownership documents are
consistent with the photo identification.
(3) Persons providing nonconsensual tow services pursuant to this section shall accept
payment for charges from the vehicle /vessel owner in all the following forms:
(a) Cash, money order or valid traveler's check; and
(b) Valid bank debit/credit card, which shall include, but not be limited to,
MasterCard or VISA.
(4) Persons providing nonconsensual tow services pursuant to this section shall not
store or impound a towed vehicle /vessel at a distance which exceeds a fifteen (15)
mile radius of the location from which the vehicle /vessel was recovered, towed or
removed unless no towing company providing services under this section is located
within a fifteen -mile radius, in which case a towed or removed vehicle /vessel must be
stored at a site within thirty (30) miles of the point of removal.
(5) Persons providing nonconsensual tow services pursuant to this section shall
maintain one or more storage facilities, each of which shall maintain a current
business tax receipt and when applicable a municipal business tax receipt. The
storage facility must be secured and fenced with a minimum of six (6) feet fencing,
lighted and equipped with a lock or enclosed building and otherwise comply with the
Monroe County Code of Ordinances. The business shall be open for the purpose of
redemption of vehicles /vessels by owners on any day that the tow truck company is
open for towing purposes. At a minimum, each business operating pursuant to a non-
consensual tow permit shall be open from at least 8:00 a.m. to 5:00 p.m., Monday
through Friday. When closed, each business shall have posted prominently on the
exterior of the storage facility and place of business, if different, a notice indicating a
telephone number where the tow truck company can be reached at all times. Upon
request of the 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.
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(6) Persons providing nonconsensual tow services pursuant to this section 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's /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 /vessel owner or authorized driver /agent at
the time of payment, whether requested or not.
(7) Persons providing nonconsensual tow services pursuant to this section shall
release vehicles /vessels towed or removed to the vehicle /vessel owner or authorized
driver /agent upon presentation of proof of ownership documents. Proof of ownership
documents shall include:
(a) Current vehicle registration;
(b) Vehicle title;
(c) An authorized driver /agent with a notarized release from the vehicle /vessel
owner or lien holder. Vehicle /vessel owners have the right to identify /approve
designated agents to claim vehicles on their behalf. A facsimile or electronic
transfer of a notarized release statement from the vehicle /vessel owner shall be
accepted;
(d) Insurance card with the vehicle /vessel owner's information and vehicle
description;
(e) Licensed dealer in possession of an auction buyer's sales invoice; and/or
(f) A notarized bill of sale for non - titled vehicles or vessels that cannot
otherwise be titled or registered.
(8) Persons providing nonconsensual tow services pursuant to this section shall make
a "good faith effort" to locate the vehicle /vessel owner or lien holder. For the
purposes of this paragraph and subsection, a "good faith effort" means that the
required steps have been performed by the tow truck company according to Florida
Statutes, §713.78 (4) (d) . Failure to make a "good faith effort" to comply with the
notification requirements of this section shall preclude the imposition of any storage
charges against such vehicle or vessel.
(9) Persons providing nonconsensual tow services pursuant to this section who
exceed the rates set forth in this section or impose charges not set forth in this section
or in the Florida Statutes shall be required to reimburse those charges upon
presentation by the vehicle /vessel owner to the Permitting official of an affidavit,
sworn to by the vehicle /vessel owner, and accompanying proof of payment of the
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excessive charges in the form of a receipt, credit card statement, etc., to the
Permitting official. Failure to reimburse the owner of the vehicle /vessel in such cases
is a violation of this section.
(10) It shall be a violation of this section for any person providing nonconsensual tow
services to fail to respond in writing within ten (10) business days to any written
inquiry or request for information from the Permitting official or any law enforcement
agency.
Section 10. Section 25 -7(J) is hereby added to the Monroe County Code of
Ordinances as follows:
Sec. 25 -7(J). - Insurance requirements. No person shall for compensation
recover, tow, or remove a motor vehicle or provide motor vehicle storage or
otherwise function as a wrecker operator until that person maintains in effect an
insurance policy or policies that shall insure that person for its liability at a minimum:
(1) For each tow truck, combined single limit of $500,000.00; and
(2) For garage keeper's liability, in an amount not less than $50,000.00 for
each loss covering perils of fire and explosion, theft of a motor vehicle and
parts or contents, riot and civil commotion, vandalism, malicious mischief,
and for on -hook protection.
Section 11. Section 25 -7(k) is hereby added to the Monroe County Code of
Ordinances as follows:
Sec. 25 -7(K). - Non - consent towing with prior express instruction of real
property owner or duly authorized agent and/or law enforcement agency.
In addition to the other requirements of this section, no person shall engage in non-
consensual towing services 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:
(1) Persons providing non - consensual tow services in accordance with applicable
provisions of the Monroe County Code of Ordinances may, for compensation,
recover, tow or remove a vehicle /vessel based upon a police directed tow without the
prior express instruction of the vehicle /vessel owner.
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(2) Persons may provide nonconsensual tow services without the authorization of the
vehicle /vessel owner upon the prior express instruction of the real property owner or
his duly 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 section are satisfied. The non - consent tow company recovering, towing or
removing a vehicle /vessel shall, within thirty (30) minutes of completion of such
towing or removal, notify the appropriate law 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, and the make, model, color and
vehicle /vessel license plate number (if any). The person providing non - consensual
tow services shall obtain the CAD number from the law enforcement agency to whom
such information was reported and note that information on the trip record.
(3) No person providing non - consensual tow services shall pay or rebate money, or
solicit or offer the rebate of money, or other valuable consideration in order to obtain
the privilege of rendering towing services
(4) Each person providing pre - authorized non - consensual tow services shall enter into
a written contract with every owner or duly authorized agent of private commercial,
or public property that authorizes non - consensual tow services on or from its
property. This written contract shall include the beginning date of said contract, the
names of all persons who can authorize prior express instruction to the tow truck
company to remove, recover or tow any vehicle /vessel on or from its property. The
written contract shall include the name and current telephone number of the tow truck
company performing the towing service, and the name, address and telephone number
for any duly authorized agents acting on behalf of the real property owner. The
written contract for non - consent towing shall also include a clear statement of liability
for the real property owner as stated in Florida Statutes, § 715.07(4), which statute
shall be included as an exhibit to the contract. No such contract shall state that the
person providing non - consensual tow services assumes the liability for improperly
towed vehicles /vessel, contrary to Florida Statutes, § 715.07(4). The person providing
non - consensual tow services 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. The Permitting official and law enforcement
officers may inspect and request a copy of any and all such contracts from the person
providing non - consensual tow services during normal business hours. The person
providing non - consensual tow services may not withhold production of the contract
15
upon demand by the Permitting official or law enforcement. Failure to enter into or
keep on file a contract with the property owner shall be a violation of this section. All
contracts which were entered into prior to the effective date of this section, shall
accomplish the requirements of this subsection by entering into an addendum to the
current contract within three (3) months following the enactment of this section.
Nothing in this subsection is to be construed as prohibiting a towing company that has
been contacted by an owner or duly authorized agent of a private, commercial, or
public property from performing towing services when the owner or duly authorized
agent is present.
(5) 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 /vessels which are marked as such or vehicles displaying a license
plate clearly indicating that such vehicle belongs to a state federal or local
government agency.
(6) Any person who improperly causes a vehicle /vessel to be recovered, towed,
removed or stored shall be liable to the vehicle 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 in accordance with Florida
Statutes.
Section 12. Section 25 -7(L) is hereby added to the Monroe County Code of
Ordinances as follows:
Sec. 25 -7(L). - Enforcement and penalties for violations.
(1) All law enforcement officials are hereby authorized to assist in the enforcement of
this section to the extent that it is within their respective jurisdictions to do so.
(2) It shall be unlawful for any person or entity to violate or fail to comply with any
provision of this section. Any such violation shall be punishable in accordance with
section 1 -8 of the Monroe County Code of Ordinances, including a fine of not more
than $500.00 or a term of imprisonment not to exceed 60 days or both a fine and term
of imprisonment. Each day that any of the towing or storage rates provisions of this
section are violated shall constitute a separate offense hereunder.
(3) The penalties described in paragraph (2) of this subsection shall be in addition to
the abatement of the violating condition, any other equitable relief, or revocation of
any permit or license by any governmental entity. Should any person violate or fail to
16
comply with any provision of this section, the office of the county attorney may make
application to the circuit court for the Sixteenth Judicial Circuit of Florida for an
order to enjoin such violation or failure of compliance.
(4) In addition to the penalties described above, any owner who is found by the
Permitting official, pursuant to the process set forth herein, to have violated this
section shall be subject to the suspension or revocation of its nonconsensual tow
permit. Within ten (10) days of an allegation that an owner has violated a provision of
this section the Permitting official shall schedule a hearing with the owner. Failure by
the owner to appear at the hearing shall result in the immediate suspension of the
owners non - consensual tow permit. Such suspension shall remain in place until the
owner contacts the Permitting official and reschedules the hearing. The Permitting
official shall hear testimony and/or evidence of the nature of the violations and any
circumstances associated therewith. After such hearing the Permitting official may
suspend or revoke the violator's nonconsensual tow permit for a period of up to one
year based upon the gravity and frequency of the violations. The violator may appeal
the Permitting official's decision to the County Commission by filing written notice
with the County Administrator office within three (3) days of the Permitting official's
written determination. The County Commission shall set the matter for hearing with
appropriate public notice for the next regularly scheduled Commission meeting. By
majority vote, the Commission may affirm, reverse or modify the decision of the
Permitting official based upon the factors considered by the Permitting official and
those brought before the Commission at hearing.
Section 13. If any section, subsection, sentence, clause, or provision of this
ordinance is held invalid, the remainder of this ordinance shall not be affected by such
invalidity.
Section 14. All ordinances or parts of ordinances in conflict with this
ordinance are hereby repealed to the extent of said conflict.
Section 15. This ordinance does not affect prosecutions for ordinance
violations committed prior to the effective date of this ordinance; does not waive any
fee or penalty due or unpaid on the effective date of this ordinance; and does not
affect the validity of any bond or cash deposit posted, filed, or deposited pursuant to
the requirements of any ordinance.
17
Section 16. The provisions of this ordinance shall be included and
incorporated in the Code of Ordinances in the County of Monroe, Florida, as additions or
amendments thereto, and the Monroe County Code shall be appropriately renumbered to
conform to the uniform numbering system of the Code.
Section 17. This ordinance shall take effect immediately upon receipt of
official notice from the Office of the Secretary of State of the State of Florida that this
ordinance has been filed with said Office.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe
County, Florida at a regular meeting of said Board held on the 10` day of June, 2015.
Mayor Danny Kolhage
Mayor Pro Tem Heather Carruthers
Commissioner George Neugent
Commissioner David Rice
Commissioner Sylvia Murphy
F ,
HEAVILIN, Clerk
r
Clerk
Yes
Yes
Yes
Yes
Yes
BOARD OF COUNTY COMMISSIONERS
OF MO E COUNTY, FLORIDA
Y:
Mayor Danny L. Kolhage
° cY
NEY
Date
09
a
J
CC
U-
JG
Uj
_J
2
Clerk
Yes
Yes
Yes
Yes
Yes
BOARD OF COUNTY COMMISSIONERS
OF MO E COUNTY, FLORIDA
Y:
Mayor Danny L. Kolhage
° cY
NEY
Date
09
RICK SCOTT
Governor
July 1, 2015
Honorable Amy Heavilin
Clerk of the Circuit Court
Monroe County
500 Whitehead Street, Suite 101
Key West, Florida 33040
Attention: Ms. Cheryl Robertson, Executive Aide
Dear Ms. Heavilin:
KEN DETZNER
Secretary of State
Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your
electronic copy of Monroe County Ordinance No. 013 -2015, which was filed in this office on June 30,
2015.
Sincerely,
Ernest L. Reddick
Program Administrator
ELR/lb
R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399 -0250
Telephone: (850) 245 -6270 • Facsimile: (850) 488 -9879
www.dos.state.fl.us