Item L4 �s L.4
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County of Monroe
�y,4 ' �, "tr, BOARD OF COUNTY COMMISSIONERS
County �a� Mayor Michelle Coldiron,District 2
�1 nff `ll Mayor Pro Tem David Rice,District 4
-Ile Florida.Keys Craig Cates,District 1
Eddie Martinez,District 3
w Mike Forster,District 5
County Commission Meeting
August 18, 2021
Agenda Item Number: L.4
Agenda Item Summary #8571
BULK ITEM: No DEPARTMENT: BOCC District 5
TIME APPROXIMATE: STAFF CONTACT: Corie Abel 3054538787
10:30 am
AGENDA ITEM WORDING: Discussion and Direction regarding using "Tow Away Zones" as
enforcement for "No Parking" in the Monroe County Right of Ways in highly effected areas.
ITEM BACKGROUND: Previously the Commission agreed to make Right of Ways in the Sunset
Point/Bay Harbor neighborhoods "No Parking" areas. To help to enforce those "No Parking" areas
we would like to propose making those"Tow Away" zones to assist Law Enforcement efforts.
PREVIOUS RELEVANT BOCC ACTION: N/A
CONTRACT/AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATION:
DOCUMENTATION:
20210803_122256_074546_Sec._25_7. Nonconsensual towing_services.
FINANCIAL IMPACT:
Effective Date:
Expiration Date:
Total Dollar Value of Contract:
Total Cost to County:
Current Year Portion:
Budgeted:
Source of Funds:
CPI:
Indirect Costs:
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Estimated Ongoing Costs Not Included in above dollar amounts:
Revenue Producing: If yes, amount:
Grant:
County Match:
Insurance Required:
Additional Details:
N/A
REVIEWED BY:
Corie Abel Completed 08/03/2021 2:04 PM
Bob Shillinger Completed 08/03/2021 3:46 PM
Liz Yongue Completed 08/03/2021 3:51 PM
Board of County Commissioners Pending 08/18/2021 9:00 AM
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Sec. 25-7. Nonconsensual towing services.
(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 F.S. §§
125.0103(1)(b)and 715.07.
(b) Short title. This section shall be known as"The Nonconsensual Private Towing Services Ordinance of Monroe �+
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County." r_
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(c) Purpose.The purpose of this section is to regulate nonconsensual 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 0
on private or public land.This section shall not apply to vessels located and towed or removed from private
or public waterways.
(d) Definitions. For purposes of this section,the following definitions shall apply:
Board shall mean the Board of County Commissioners of Monroe County, Florida. (CD
Custodian shall mean one lawfully authorized and entrusted to possess,guard, maintain,and/or
operate the property of another. c
Nonconsent 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. y
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Owner shall mean that person who exercises dominion and control over a vehicle,other personal 0
property,or real property,including, but not limited to,the legal titleholder, lessee,designated
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representative of a condominium association,or any other person authorized to share dominion and control
over the property.
Permitting official shall mean the county administrator or his/her designee. I
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Person shall mean any natural person,or any association,corporation,firm,joint venture,partnership,
or other entity. W
Storage shall mean the safekeeping of a vehicle which has been towed under the authority of this
section. LO
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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 LO
by means of another vehicle,with or without booms,car carriers,winches,or similar equipment.
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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 CD
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trailer,semi-trailer combination,trailer,truck,truck tractor,van,or any other mechanized conveyance used r
to transport persons or property and designed to operate on public roads without a fixed track. CD
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(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 nonconsensual tow permit pursuant to the provisions of this section.A person
conducting nonconsent tows in the county but having his/her primary place of business outside of the
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county shall be required to obtain a nonconsensual 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 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, y
etc.)to tow or transport such vehicle out of the county.
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(3) The provisions of this section shall not apply to governmental agencies and persons operating pursuant
to a government initiated tow request.
(f) New applications/renewals and issuance of nonconsensual 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 subsection.A nonconsensual tow permit may be issued to persons '✓
having a nonconsensual tow permit from a jurisdiction meeting the requirements set forth below. W
(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 (n
may be mailed or hand delivered to the Office of the Monroe County Administrator. If mailed,the CD
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:
a. 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 0
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.
b. Documentation demonstrating that all corporate or partnership applicants are qualified to do pl®I
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business under state law.
C. Photocopy of all city and county business tax receipts of the applicant. 0)
d. A list of all persons with any ownership interest in the applicant who have previously been denied
a license. e
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e. 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 andLO
markings.
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f. A description of the applicant's management plan,which shall include, but is not limited to: I
Location and description of all places of business; a description of all towing vehicles and
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equipment; a description of the plan and facilities for maintaining towing vehicles and r
equipment; a system for handling complaints and accidents,insurance coverage and aCD
description of any communication system.
g. A description of services proposed to be provided, including,but not limited to,days and hours of m
operation and types of towing and storage services to be provided.
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h. 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
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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.
i. 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 c
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 c
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 ur
said agency.
j. Proof of insurance as required in this section. y
k. The signature of each individual applicant,the signature of the president or vice-president of a CD
corporate applicant,and the signature of all the general partners of a partnership applicant.
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I. An affidavit signed by the applicant that the applicant shall abide by this article,city,county and I
state law.
M. It shall be a violation of this section to fail to report to the permitting official any material change W
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. c
n. Each applicant for a license shall provide a schedule of all proposed rates and charges.
o. Any additional information about the application as the permitting official may deem pl®I
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appropriate.
(3) The permitting official shall review and investigate each application/renewal of a nonconsensual tow 0)
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
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days from the date of receipt of the application to complete the review and either issue the permit or Ile
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 withinLO
30 days of receipt shall be deemed approved.
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(4) The applicant must arrange for,submit to,and include a background check(at the applicant's sole I
expense),and to be eligible for a nonconsensual tow permit the permitting official must find that:
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a. Neither the applicant,nor any officer,director or partner of the applicant, nor any stockholder
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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 corporate general partner of a partnership applicant, has been
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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.
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c. Each corporate or partnership application is qualified under the state law to do business under c
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. ur
f. No outstanding warrants of arrest against the applicant nor any officer,director or partner of the
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applicant, nor any stockholder owning, holding,controlling or having a beneficial interest in five y
percent or more of the issued and outstanding stock of a corporate general partner of a
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partnership applicant.
(5) If there are six months or less remaining before the annual renewal period,the nonrefundable fee for
the nonconsensual tow permit shall be 50 percent of the approved fee,otherwise all other fees are
applicable. y
(6) Except for the initial permit,each nonconsensual tow permit issued pursuant to this section shall be
valid and effective for a maximum of one year. Each nonconsensual tow permit shall terminate on June 0
30 of each year.
(7) Persons failing to submit a complete and true application within 30 calendar days after the permitting
official's receipt and any notification of the incompleteness of the application shall be denied a
nonconsensual tow permit.
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(8) All nonconsensual tow permits shall be renewed annually.As a part of the renewal process,the original I
application shall be updated and verified by the applicant. Each updated renewal application shall be W
accompanied by a nonrefundable fee.All nonconsensual tow permits which are not renewed shall
automatically expire upon the expiration date of the permit, and all nonconsensual tows shall cease
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immediately.The permitting official shall deny each renewal application that is not timely,is Ile
incomplete, is untrue in whole or in part, is unaccompanied by the required fees,or results in a CD
determination by the permitting official that the applicant has failed to satisfy the requirements of thisLO
section.
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(9) After initial application and upon renewal,the applicant shall submit to a background investigation I
every other year the results of which shall be provided to the permitting official. CD
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(10) Each nonconsensual tow permit shall be printed on a certificate containing,at a minimum,the name
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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 nonconsensual 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.
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(11) A nonconsensual 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
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be submitted to the permitting official within 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 nonconsensual 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.
(g) Required equipment.
(1) Every towing service operating under this section will be required to comply with the equipment
requirements set forth in subsection 25-4(b).
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(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 vi
Department showing that the applicant complies with the equipment requirements set forth in
subsection 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 (n
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 six 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 section 25-4 may submit a copy of the completed inspection y
form,signed by a MCSO deputy or FHP officer, in lieu of the inspection performed by the Monroe W
County Fleet Maintenance Department.
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(h) Maximum rates for nonconsensual towing services.
(1) The maximum rate for a nonconsensual private tow shall be as follows:
a. $135.00 for mopeds, motorcycles,cars and vehicles weighing 10,000 pounds or less plus$3.00 rl:
per mile. LO
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b. $200.00 for vehicles weighing between 10,001 and 20,000 pounds plus$4.00 per mile.
C. $485.00 for vehicles weighing in excess of 20,000 pounds plus$5.00 per mile.
d. A labor rate of up to a maximum of$135.00 per hour may be applied in circumstances where e
extraordinary effort,such as the use of multiple tow trucks, is required. I
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A person in the process of towing or removing a vehicle or vessel from the premises or parking lot inLO
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 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, CD
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after a reasonable opportunity,the owner or legally authorized person in control of the vehicle or co
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vessel is unable to pay the service fee. If the vehicle or vessel is redeemed, a detailed signed receipt
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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 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 24-hour increments from the time the vehicle/vessel arrived in the
storage facility at the rate of$30.00 per day for outside storage plus$2.00 per foot for motor vehicles
over 20 feet long and$40.00 per day for inside storage plus$2.00 per foot for motor vehicles over 20
feet long.
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(3) An administrative fee in the maximum amount of$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 24 hours; and,the
nonconsent 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
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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
$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 W
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 y
of this section including all rates and charges adopted by the board.
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(6) Persons who provide nonconsensual 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 nonconsensual tow services in areas
where the speed limit exceeds 35 m.p.h.shall make reasonable arrangements to return any c
noncommercially 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.
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(i) Nonconsent tow company requirements. I
(1) Nonconsent 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:
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a. Each and every document or other item which must be produced to retrieve the vehicle/vessel; Ile
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b. The exact charges as of the time of the telephone call,and the rate at which charges accumulate
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after the call;
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C. The acceptable methods of payment;and C44I
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d. The hours and days the storage facility is open for regular business.
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(2) Persons providing nonconsensual tow services pursuant to this section shall allow every vehicle/vessel
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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
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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: c
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 15-mile radius of the location from which the '✓
vehicle/vessel was recovered,towed or removed unless no towing company providing services under W
this section is located within a 15-mile radius, in which case a towed or removed vehicle/vessel must
be stored at a site within 30 miles of the point of removal. y
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(5) Persons providing nonconsensual tow services pursuant to this section shall maintain one or more CD
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
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 y
vehicles/vessels by owners on any day that the tow truck company is open for towing purposes.At a W
minimum,each business operating pursuant to a nonconsensual 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 c
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 hour. LO
(6) Persons providing nonconsensual tow services pursuant to this section shall not,as a condition of I
release of the vehicle/vessel, require a vehicle/vessel owner or authorized driver/agent to sign any W
release or waiver of any kind which would release the tow truck company from liability for damages I
noted by the vehicle/vessel owner or authorized driver/agent at the time of the vehicle's/vessel's
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release.A detailed,signed receipt showing the legal name of the tow truck company removing the Ile
vehicle/vessel shall be given to the vehicle/vessel owner or authorized driver/agent at the time of
payment,whether requested or not. LO
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(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 I
of ownership documents. Proof of ownership documents shall include:
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a. Current vehicle registration;
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b. Vehicle title;
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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
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f. A notarized bill of sale for nontitled 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 F.S. §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. c
(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
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. W
(10) It shall be a violation of this section for any person providing nonconsensual tow services to fail to
respond in writing within ten business days to any written inquiry or request for information from the (n
permitting official or any law enforcement agency. CD
(j) Insurance requirements. No person shall for compensation recover,tow,or remove a motor vehicle or c
provide motor vehicle storage or otherwise function as a wrecker operator until that person maintains in I
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 0
and explosion,theft of a motor vehicle and parts or contents, riot and civil commotion,vandalism,
malicious mischief,and for on-hook protection.
(k) Nonconsent 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
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nonconsensual 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 nonconsensual 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
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upon a police directed tow without the prior express instruction of the vehicle/vessel owner. Ile
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(2) Persons may provide nonconsensual tow services without the authorization of the vehicle/vessel 1
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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 nonconsent tow company recovering, towing or
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removing a vehicle/vessel shall,within 30 minutes of completion of such towing or removal, notify the r
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 nonconsensual tow services shall
obtain the CAD number from the law enforcement agency to whom such information was reported U
and note that information on the trip record.
(3) No person providing nonconsensual 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 pre-authorized nonconsensual tow services shall enter into a written contract
with every owner or duly authorized agent of private commercial,or public property that authorizes
nonconsensual 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 nonconsent towing shall also
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include a clear statement of liability for the real property owner as stated in F.S. §715.07(4),which
statute shall be included as an exhibit to the contract. No such contract shall state that the person
providing consensual tow services assumes the liability for improperly towed vehicles/vessel,contrary
to F.S. §715.07(4).The person providing nonconsensual tow services must keep on file each contract
and addendum(if applicable)with the property owner.Such contract shall be maintained for at least
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 nonconsensual tow services W
during normal business hours.The person providing nonconsensual tow services may not withhold
production of the contract upon demand by the permitting official or law enforcement. Failure to enter y
into or keep on file a contract with the property owner shall be a violation of this section.All contracts
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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 months following c
the enactment of this section. Nothing in this subsection is to be construed as prohibiting a towing I
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,
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firefighting, rescue squad,ambulance,or other emergency vehicles/vessels which are marked as such c
or vehicles displaying a license plate clearly indicating that such vehicle belongs to a state federal or
local government agency.
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(6) Any person who improperly causes a vehicle/vessel to be recovered,towed, removed or stored shall be LO
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 0)
accordance with Florida Statutes.
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(1) Enforcement and penalties for violations. LO
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(1) All law enforcement officials are hereby authorized to assist in the enforcement of this section to the CD
extent that it is within their respective jurisdictions to do so. LO
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(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 I
Code of Ordinances, including a fine of not more than$500.00 or a term of imprisonment not to
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exceed 60 days or both a fine and term of imprisonment. Each day that any of the towing or storage r
rates provisions of this section are violated shall constitute a separate offense hereunder. CD
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(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 by the permitting official,
pursuant to the process set forth herein,to have violated this section shall be subject to the suspension
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L.4.a
or revocation of its nonconsensual tow permit.Within ten 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
nonconsensual 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
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appeal the permitting official's decision to the county commission by filing written notice with the
county administrator office within three 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. '✓
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(Ord. No.013-2015, §§ 1-12)
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