Item R6* 3:00 P.M. Public Hearing
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: March 18, 2015
Division: County Attorney
Bulk Item: Yes No X Staff Contact Person: Pedro Mercado
AGENDA ITEM WORDING: A public hearing to consider an ordinance amending Chapter 25 of
the Monroe County Code relating to Non -Consensual Towing Services.
ITEM BACKGROUND: The County currently has an ordinance that regulates towing and storage
services provided at the request of law enforcement officers; however, the code is silent as to non-
consensual towing services. Following the receipt of citizen complaints, the County Attorney's office
has now been asked to supplement the chapter that regulates towing services to include non-consensual
towing services.
PREVIOUS RELEVANT BOCC ACTION:
2/18/14 BOCC approved a public hearing for 3/18/15 at 3:00 p.m. in Marathon, FL (P-5)
CONTRACT/AGREEMENT CHANGES: N/A
STAFF RECOMMENDATIONS:
Approval
Advertising costs/
TOTAL COST: Other costs TBD INDIRECT COST: BUDGETED: Yes XX No
DIFFERENTIAL OF LOCAL PERFERENCE:
Advertising Costs/
COST TO COUNTY: Other Costs TBD SOURCE OF FUNDS:
REVENUE PRODUCING: Yes No XX AMOUNT PER MONTH:
APPROVED BY: County Atty X OMB/Purchasing Risk Management
DOCUMENTATION: Included XX Not Required
DISPOSITION: AGENDA ITEM #
Revised 2/05
ORDINANCE NO. - 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 PUROSE; PROVIDING
DEFINTIONS; REQUIRING A PERMIT FOR NON-
CONSENSUAL TOWING SERVICES, SETTING
FORTH PERMIT REQUIREMENTS; SETTING FORTH
EQUIPMENTREQUIREMENTS; SETTING FORTH
MAXIMUMM RATES; SETTING FORTH TOW
TRUCK COMPANY REQUIREMENTS; SETTING
FORTH INSURANCE REQUIREMENTS; SETTING
FORTH AUTHTORITY 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;
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NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF
COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, AS
FOLLOWS:
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.
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.
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"Immobilizing" shall mean rendering a vehicle incapable of being driven by means
of a wheel -locking boot or other device.
"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 division.
"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
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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.
(2) Nothing in this section shall be construed to prohibit the discharge or storage
of a vehicle lawfully recovered, towed or removed in another City or County and
lawfully transported 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 Department shall issue a nonconsensual tow permit to persons
that have met the requirements as provided for in this sub -section.
(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 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.
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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.
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 wrecker company shall
obtain documentation from the relevant local, state and federal
agencies regarding the employee's criminal and arrest history and
submit such information to the city. Wrecker companies shall submit
current employee information every year.
IX. 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.
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 licensing
division 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 on a form prepared by the licensing division.
XV. Any additional information about the application as the licensing
division may deem appropriate.
(3) The County Administrator or his designee 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.
(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
County Administrator or his designee 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 licensing
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
corporate general partner of a partnership applicant, has been convicted of
one or more felonies within the preceding five years; or that three
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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 licensing 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 County Administrator or his designee'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 County Administrator or his designee 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
County Administrator or his designee 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 Department.
(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 County
Administrator or his designee to the company. The non-consensual tow permit
certificate issued by the County Administrator or his designee 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 County Administrator or his designee 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 and must also pay decal/vehicle fees.
(12) An initial application fee of $200.00 shall contemporaneously be submitted to
the licensing department. 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 criminal conviction and/or
other such remedies available to the Division as specified herein.
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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 254(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 254(b). The
applicant will be required to contact the Monroe County Fleet Maintenance 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.
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 tow shall be as follows:
(1) $100.00 for mopeds, motorcycles, cars and vehicles weighing 10,000
pounds or less.
(2) $150.00 for vehicles weighing between 10,001 and 20,000 pounds.
(3) $360.00 for vehicles weighing in excess of 20,000 pounds.
(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 twenty five dollars ($25.00) per day.
(3) An administrative/lien fee in the maximum amount of twenty-five dollars
($25.00) 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 truck company
must show proof that lien letter(s) have been prepared with the appropriate
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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 administrative/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.
(4) After -hour gate fees may not be applied between the hours of 8:00 a.m. and 6:00
p.m. Monday through Friday (excluding federal holidays) and not for six (6) hours
after a vehicle has been impounded. The maximum amount of such after-hours gate
fee shall be thirty dollars ($30.00). An after-hours gate fee may also not be applied
during such period of time that the business is open for towing purposes. A business
shall be considered open for towing purposes if it has vehicles engaged in towing
services at the time.
(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.
(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 at the time of payment. The non-consensual towing
company shall obtain a signed acknowledgement that the vehicle/vessel owner has
received such rate sheet.
(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 without charge to the vehicle owner.
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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 truck company requirements.
(1) Non -consent tow truck 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
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 truck 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 ten (10) mile
radius of the location from which the vehicle/vessel was recovered, towed or
removed unless no towing company providing services under this division is located
within a ten -mile radius, in which case a towed or removed vehicle/vessel must be
stored at a site within twenty (20) miles of the point of removal.
(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. A business shall be considered open for towing purposes
if it has vehicles engaged in towing services at the time. At a minimum, each
business operating pursuant to a non-consensual tow permit shall be open from at
least 8:00 a.m. to 6:00 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.
(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;
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(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.
(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 and found
to be in violation of this section relating to a specific non -consent tow shall be
required to immediately reimburse the vehicle/vessel owner all illegal or over
charges related to that towing incident. 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 division 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
lit]
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.
(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 truck company
recovering, towing or removing a vehicle/vessel shall, within thirty (30) minutes of
completion of such towing or removal, notify the appropriate law 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 name of the person at
the law enforcement agency to whom such information was reported and note that
name 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
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(4) Each person providing non-consensual tow services shall enter into a written
contract with every owner or duly authorized agent of private 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 understanding 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 County Administrator or his designee 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 upon demand by the County Administrator or his designee
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.
(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.
(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.
15
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 division 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 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 to have
violated this section on two or more occasions shall be subject to the suspension or
revocation of its nonconsensual tow permit. Within ten (10) days of a finding that an
owner has violated two or more provisions of this division the County Administrator
or his Designee shall schedule a hearing with the violator. The County Administrator
or his Designee shall hear testimony and/or evidence of the nature of the violations
and any circumstances associated therewith. After such hearing the County
Administrator or his Designee 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 County Administrator's or his Designee's
decision to the County Commission by filing written notice with the Clerk of court
within three (3) days of the County Administrator's or his Designee'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
County Administrator or his Designee based upon the factors considered by the
County Administrator or his Designee and those brought before the Commission at
hearing.
16
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.
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 day of
, 2015.
Mayor Danny Kolhage
Mayor Pro Tem Heather Carruthers
Commissioner George Neugent
Commissioner David Rice
Commissioner Sylvia Murphy
(SEAL)
Attest: AMY HEAVILIN, Clerk
By:
Deputy Clerk
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By:
Mayor
P OV FORM
17 ASSISi T COUN N " 'd U41EY ..
MONROE COUNTY
TOW COMPANY YARD INSPECTION
DATE:
Wrecker Company Address
Phone # Day Night Cellular
Insurance Requirements
Company Policy# Expiration
❑ FENCED AND LOCKED
❑ INSIDE STORAGE (3) BUSINESS ESTABLISHED 6 MONTHS PRIOR TO ORDINANCE
NO INSIDE STORAGE REQUIRED.
® OWNED OR LEASED SOLELY BY TOW COMPANY
❑ FENCING CHAIN LINK OR SOLID WALL SIX FEET HIGH WHERE PERMISSIBLE
❑ LIGHTING INTENSE ENOUGH TO REVEAL VEHICLES OR PERSONS 150 FEET
AWAY.
❑ THREE (3) INSIDE STORAGE SPACES AND (25) OUTSIDE STORAGE SPACES. HOWEVER IF IT
WAS DESIGNATED (6) MONTHS PRIOR TO AUGUST 3,1995 THEN IT IS GRANDFATHERED IN.
SERVICE BAYS DO NOT QUALIFY AS STORAGE AREAS.
❑ COMPLY WITH HOLD ORDERS FROM LAW ENFORCEMENT AND
INSTRUCTIONS FOR INSIDE OR OUTSIDE STORAGE.
❑ ALLOW REMOVAL OF PERSONAL PROPERTY DURING BUSINESS HOURS WITHOUT
CHARGE. 0800 TO 1700 HOURS, MONDAY THROUGH FRIDAY.
❑ RESPONSIBLE FOR PROPER PROOF OF OWNERSHIP AND IDENTIFICATION PRIOR TO
RELEASING A VEHICLE, NOT HELD BY LAW ENFORCEMENT.
❑ INSURANCE FOR EACH TRUCK COMBINED SINGLE LIMIT OF $500,000.00
❑ GARAGE KEEPERS LIABILITY-$50,000.00
❑ COPY OF SEC. 11-7 REGULATION OF WRECKER OPERATOR WHO PROVIDE TOWING
AND STORAGE SERVICES.
Wrecker Drivers Information
Date of Inspection
Wrecker Company
Address
Date:
Name DOB DL # Class SS# Status
Inspected By:
Monroe County Fleet Maintenance
Monroe County Sheriff's Office
Class "A"
Wrecker Inspection Form
Date of Inspection:
Wrecker Company:
Address:
Phone #
Vehicle: Year/ Make: Tag Vin:
Wrecker Make: Winches: Make:
Insurance Requirements
Company: Policy# Expiration:
Required Equipment to be inspected- (Each Wrecker)
_ Wrecker Commercially Manufactured
_ Minimum Manufactures Rated Capacity
10,000 lbs GVW
_ Winch -Minimum Capacity of 4 tons
_ Dual Rear Wheels
_ 100 Ft 3/8 Cable
_ Dollies
_ Snatch Block (each Winch)
_ Cradle or Tow Plate or Tow Sling w/safety chain
_ Extra Tow Chain 6to8' w/hooks
_ Amber Emergency Lights
_ Clearance or Marker Lights
_ Floodlights on Hoist
_ Two-way communication
Additional Comments
Inspector
Monroe County Fleet Maintenance
_ Flashlight (1 ea)
_ 30 minute Flares (5 ea)
_ Safety Cones or Triangle Reflectors (3ea)
Fire Extinguisher Co2 or Dry Chemical (51b
min) W/Current inspection
_ 4 Way Lug Wrench
_ 1 Heavy Duty Push Broom (Min. 24" wide)
_ 50lbs of Sand or Petroleum Absorbent
_ Wrecker's Name and PHN# on both sides.
Square Shovel (1 ea)
Ax (lea)
—Crowbar or Pry Bar (Min.30") 1 ea
_ Bolt Cutters (Min''/z opening)
_ Jumper cables (1 set)
Company Representative
Monroe County
Roll -Back or Slide -Back Carrier
Wrecker Inspection Form
Date of Inspection:
Wrecker Company:
Address:
Phone #
Vehicle: Year/ Make Tag: Vin:
Wrecker Make: Winches: Make:
Insurance Requirements
Company Policy# Expiration:
Required Equipment to be inspected- (Each Wrecker)
,,,,,Wrecker Commercially Manufactured
Minimum Manufactures Rated Capacity -Truck
Chassis, 10,000 GVW w/ Min 16Ft. Bed
_ Winch -Minimum Capacity of 4 tons
_ Dual Rear Wheels
_ 50 Ft 3/8 Cable
_ Minimum of 2 Safety Tie Down Chains (10'ea)
Snatch Block (each Winch)
Cradle or Tow Plate or Tow Sling w/safety chain
Extra Tow Chain 6to8' w/hooks
Amber Emergency Lights
_ Clearance or Marker Lights
_ Two (2) Spot or Floodlights mounted on rear
_ Two-way communication
Additional Comments
Inspector
Monroe County Fleet Maintnance
_ Flashlight (1 ea)
_ 30 minute Flares (5 ea)
_ Safety Cones or Triangle Reflectors (3ea)
Fire Extinguisher Co2 or Dry Chemical (51b
min) W/Current inspection
_ 4 Way Lug Wrench
_ 1 Heavy Duty Push Broom (Min. 24" wide)
_ 50lbs of Sand or Petroleum Absorbent
_ Wrecker's Name and PHN# on both sides.
_ Square Shovel (1 ea)
_ Ax (lea)
_ Crowbar or Pry Bar (Min.30") 1 ea
_ Bolt Cutters (Min %z opening)
Jumper cables (1 set)
Company Representative
Monroe County
Class "B"
Wrecker Inspection Form
Date of Inspection:
Wrecker Company:
Address:
Phone #
Vehicle: Year/ Make: Tag: Vin:
Wrecker Make: Winches Make:
Insurance Requirements
Company Policy# Expiration:
Required Equipment to be inspected- (Each Wrecker)
_ Wrecker Commercially Manufactured
_ Minimum Manufactures Rated Capacity
Truck chassis 20,000 lbs GVW
Twin Winch -Minimum Capacity of 10 tons
Dual Rear Wheels
100 Ft 1/2 Cable
_ Cradle or Tow Plate or Tow Sling w/safety chain
_ Extra Tow Chain 6to8' w/hooks
Snatch Block (each Winch)
_ Amber Emergency Lights
_Clearance or Marker Lights
Floodlights on Hoist
Two-way communication
_ Crowbar or Pry Bar (Min.30') 1 ea
Additional Comments
Inspector
Monroe County Fleet Maintenance
_ Flashlight (lea)
30 minute Flares (5 ea)
Safety Cones or Triangle Reflectors (3ea)
Fire Extinguisher Co2 or Dry Chemical (51b
min) W/Current inspection
_ 4 Way Lug Wrench
_ 1 Heavy Duty Push Broom (Min. 24" wide)
_ 501bs of Sand or Petroleum Absorbent
Wrecker's Name and PHN# on both sides
Ax (lea)
_ Square Shovel (lea)
Bolt Cutters (Min %2 opening)
Jumper cables (1 set)
Company Representative
Monroe County
Class 1101
Wrecker Inspection Form
Date of Inspection:
Wrecker Company:
Address:
Phone
Vehicle: Year/ Make: Tag: Vin:
Wrecker: Make: Winches: Make:
Insurance Requirements
Company Policy# Expiration:
Required Equipment to be inspected- (Each Wrecker)
Wrecker Commercially Manufactured
Minimum Manufactures Rated Capacity
Truck chassis 30,000 lbs GVW
_ Twin Winch -Minimum Capacity of 25 tons
_ Dual Rear Wheels
_ 200 Ft 5/8 Cable
_ Cradle or Tow Plate or Tow Sling w/safety chain
_ Extra Tow Chain 6to8' w/hooks
_ Snatch Block (each Winch)
Amber Emergency Lights
Clearance or Marker Lights
_ Floodlights on Hoist
_ Two-way communication
_ Crowbar or Pry Bar (Min.30") 1 ea
_ Bolt Cutters (Min %z opening)
_ Jumper cables (1 set)
Additional Comments
Inspector
Monroe County Fleet Maintenance
Flashlight (1 ea)
30 minute Flares (5 ea)
Safety Cones or Triangle Reflectors (3ea)
_ Fire Extinguisher Co2 or Dry Chemical (51b
min) W/Current inspection
4 Way Lug Wrench
Red Reflectors
1 Heavy Duty Push Broom (Min. 24" wide)
50lbs of Sand or Petroleum Absorbent
_ Wrecker's Name and PHN# on both sides
— Square Shovel (lea)
_ Ax (lea)
_ Air Breaks witch auto lock upon
break failure.
External air hook-up and hoses.
Company Representative
Monroe County
Yard Inspection
Date of Inspection:
Wrecker
Address:
Phone #
Insurance Requirements
Company: Policy# Expiration:
X Fenced and Locked
X Inside storage Business established 6 months prior to ordinance no inside
Storage.
X Owned or Leased solely by Tow Company.
X Fencing chain link or solid wall six feet high where permissible.
X Lighting intense enough to reveal vehicles or persons 150 feet away.
X Three (3) inside storage spaces and (25) outside storage spaces. However if it
Was designated (6) months prior to August 3,1995 then it is grand fathered in.
Service bays do not qualify as storage areas.
X Comply with hold orders from law enforcement and instructions for inside or
outside storage.
X Allow removal of personal property during business hours without charges,
0800-1700 hours Monday -Friday
X Responsible for proper proof of ownership and identification prior to releasing
A vehicle, not held by law enforcement
X Insurance for each truck combined single limit of $500,000.00
X Garage keeper's liability-$50,000.00
X Copy of Sec. 25-4 County Wrecker Regulations. (Municode)
NOTICE OF INTENTION TO CONSIDER
ADOPTION OF COUNTY ORDINANCE
NOTICE IS HEREBY GIVEN TO WHOM IT MAY CONCERN that on March 18, 2015 at
3:00 P.M., or as soon thereafter as may be heard, in the Commission Chambers located in the
Marathon Government Center, 2798 Overseas Highway, Marathon, Monroe County,
Florida, the Board of County Commissioners of Monroe County, Florida, intends to consider the
adoption of the following County ordinance:
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 PUROSE; PROVIDING DEFINTIONS;
REQUIRING A PERMIT FOR NON-CONSENSUAL TOWING
SERVICES, SETTING FORTH PERMIT REQUIREMENTS; SETTING
FORTH EQUIPMENTREQUIREMENTS; SETTING FORTH
MAXIMUMM RATES; SETTING FORTH TOW TRUCK COMPANY
REQUIREMENTS; SETTING FORTH INSURANCE REQUIREMENTS;
SETTING FORTH AUTHTORITY 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.
Pursuant to Section 286.0105, Florida Statutes, notice is given that if a person decides to appeal
any decision made by the Board with respect to any matter considered at such hearings or
meetings, he will need a record of the proceedings, and that, for such purpose, he may need to
ensure that a verbatim record of the proceedings is made, which record includes the testimony and
evidence upon which the appeal is to be based.
ADA ASSISTANCE. If you are a person with a disability who needs special accommodations in order to
participate in this proceeding, please contact the County Administrator's Office, by phoning (305) 292-
4441, between the hours of 8:30 a.m. - 5:00 p.m., no later than five (5) calendar days prior to the
scheduled meeting; ifyou are hearing or voice impaired, call "711':
Dated at Key West, Florida, this 181' day of February, 2015.
AMY HEAVIL,IN, Clerk of the Circuit Court
(SEAL) and ex officio Clerk of the Board of County
Commissioners of Monroe County, Florida
Publication dates:
KW Citizen (Su) 2/22/2015
Keynoter (Wed) 2/25/2015
Reporter (Fr) 2/27/2015
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: February 18, 2015 Division: County Attorney
Bulk Item: Yes XX No Staff Contact Person: Pedro Mercado
AGENDA ITEM WORDING: Approval to advertise a public hearing to consider an ordinance
amending Chapter 25 of the Monroe County Code relating to Non -Consensual Towing Services.
ITEM BACKGROUND: The County currently has an ordinance that regulates towing and storage
services provided at the request of law enforcement officers; however, the code is silent as to non-
consensual towing services. Following the receipt of citizen complaints, the County Attorney's office
has now been asked to supplement the chapter that regulates towing services to include non-consensual
towing services.
PREVIOUS RELEVANT BOCC ACTION: None
CONTRACT/AGREEMENT CHANGES: N/A
STAFF RECOMMENDATIONS:
Approval
Advertising costs/
TOTAL COST: Other costs TBD INDIRECT COST: BUDGETED: Yes XX No
DIFFERENTIAL OF LOCAL PERFERENCE:
Advertising Costs/
COST TO COUNTY: Other Costs TBD SOURCE OF FUNDS:
REVENUE PRODUCING: Yes No XX AMOUNT PER MONTH:
APPROVED BY: County Atty OMB/Purchasing
DOCUMENTATION: Included XX Not Required,
DISPOSITION:
Revised 2/05
Risk Management
AGENDA ITEM #