Item R04 R.4
Coty f � ,�� ,' BOARD OF COUNTY COMMISSIONERS
�� Mayor David Rice,District 4
The Florida Keys � Mayor Pro Tem Craig Cates,District 1
y Michelle Coldiron,District 2
James K.Scholl,District 3
Ij Holly Merrill Raschein,District 5
County Commission Meeting
August 17, 2022
Agenda Item Number: R.4
Agenda Item Summary #10787
BULK ITEM: No DEPARTMENT: County Attorney's Office
TIME APPROXIMATE: STAFF CONTACT: James Molenaar 3052923472
N/A
AGENDA ITEM WORDING: Approval of an ordinance amending Section 25-4 of the Monroe
County Code, increasing the towing and storage rates for law enforcement officer requested tows.
ITEM BACKGROUND: The Board directed the County Attorney's Office to review both the
County's Law Enforcement Tow Ordinance and Non-consensual tow Ordinance to see if the rates
established therein needed to be updated due to inflation. The Board's request was prompted by an
industry representative who observed that the Law Enforcement tow rates had not been updated in
about 15 years.
The ordinance regulates the amount a tow operator can charge a vehicle owner when that vehicle is
towed at the direction of law enforcement. The proposed new rates are:
Class A Wrecker Service
Base rate (anytime a wrecker is called to a $200.00
site
Inside storage (per day) $50.00 lus $3.00 per foot for vehicles > 20'
Outside storage (per day) $40.00 plus $3.00 per foot for vehicles >20'
Administration fee $50.00
Notification fee $75.00 first notification $25.00 each add'l ltr.
Mileage rate to & from wrecker station to $4.00 per mile
site
Per hour beginning at arrival in 1/4 $200.00
increments
After hours gate fee $100.00
Service call $100.00
Class B Wrecker Service
Base rate (anytime a wrecker is called to a $300.00
site
Packet Pg. 3264
R.4
Inside storage (per day) $50.00 plus $3.00 per foot for vehicles > 20'
Outside storage (per day) $40.00 plus $3.00 per foot for vehicles >20'
Administration fee $50.00
Notification fee $75.00 first notification $25.00 each add'l ltr.
Mileage rate to & from wrecker station to $5.00 per mile
site
Per hour charge beginning arrival in 1/4 $300.00
increments
After hours gate fee $100.00
Service call $100.00
Class C Wrecker Service
Base rate (anytime a wrecker is called to a $600.00
site
Mileage rate to & from wrecker station to $6.00 per mile
site
Inside storage (per day) $50.00 plus $3.00 per foot for vehicles >20'
Outside storage (per day) $40.00 plus $3.00 per foot for vehicles >20'
Administration fee $50.00
Per hour charge beginning at arrival 1/4 $600.00
increments
After hours gate fee $100.00
Service call $100.00
This ordinance is compliant with F.S. 323.001 (Wrecker operator storage facilities; vehicle holds),
which authorizes the County to establish a maximum rate for such tows. The proposed new rates are
consistent with the rates adopted by the City of Marathon earlier this year.
The proposed new rates will be incorporated into the separate ordinance on non-consensual tows that
will also be considered at a public hearing held on August 17, 2022. Finally, the proposed ordinance
includes some clarifying language that makes clear that the may be enforced by any state or local
law enforcement agency in the County.
PREVIOUS RELEVANT BOCC ACTION: These towing rates were last amended in March 2007
with adoption of Ordinance 003-2007.
CONTRACT/AGREEMENT CHANGES:
Amend LEO Req. Tow Ordinance - Rates Increase
STAFF RECOMMENDATION: Approve.
DOCUMENTATION:
LEO Tow Rate Ordinance Update August 2022 BS v
Tow Operators Approvals
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R.4
FINANCIAL IMPACT:
Effective Date: 8/17/2022
Expiration Date: N/A
Total Dollar Value of Contract: N/A
Total Cost to County: N/A
Current Year Portion: N/A
Budgeted: N/A
Source of Funds: N/A
CPI: N/A
Indirect Costs: None
Estimated Ongoing Costs Not Included in above dollar amounts: None
Revenue Producing: No If yes, amount: N/A
Grant: N/A
County Match: N/A
Insurance Required: No
Additional Details:
REVIEWED BY:
Bob Shillinger Completed 08/02/2022 1:05 PM
James Molenaar Completed 08/02/2022 1:08 PM
Purchasing Completed 08/02/2022 1:14 PM
Budget and Finance Completed 08/02/2022 1:17 PM
Brian Bradley Completed 08/02/2022 2:22 PM
Lindsey Ballard Completed 08/02/2022 2:32 PM
Board of County Commissioners Pending 08/17/2022 9:00 AM
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R.4.a
ORDINANCE 2022
AN ORDINANCE OF THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA,
AMENDING SECTION 25-4 OF THE MONROE COUNTY
CODE; INCREASING MAXIMUM RATES FOR
WRECKER OPERATORS IN THE UNINCORPORATED
COUNTY WHO PROVIDE MOTOR VEHICLE TOWING
AND STORAGE AT THE REQUEST OF A LAW
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ENFORCEMENT OFFICER; REVISING RATES; 3:
PROVIDING FOR SEVERABILITY; PROVIDING FOR 0
THE REPEAL OF ALL ORDINANCES INCONSISTENT
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HEREWITH; PROVIDING FOR INCORPORATION
INTO THE MONROE COUNTY CODE OF
ORDINANCES; AND PROVIDING AN EFFECTIVE 0
DATE.
WHEREAS, the Board of County Commissioners (the `Board") finds it necessary from E
time to time to review and amend an ordinance to maintain its effectiveness and desired intent; >
and
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WHEREAS, the Board directed the County Attorney to review this Ordinance, the N
County's Law Enforcement Tow Ordinance to determine if the rates previously set need to be
updated due to inflation; and
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WHEREAS, the Board is vested with the statutory authority to establish maximum rates
for towing and storage pursuant to F.S. 125.0103(1)(b), F.S. 323.001(2), and F.S. 715.07(2)(b);
and
WHEREAS, the Board finds that the public interest would be served by enacting a�
amendments to Monroe County Code Sec. 25-4 to update the rate and fee schedule and make other
desired changes;
NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA,AS FOLLOWS:
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[Additions are underlined; deletions have been stmek t4-etig,]
SECTION 1. Section 25-4(d)(1) is hereby amended as follows:
(d) Rates.
1 Packet Pg. 3267
R.4.a
(1) For the removal and storage of wrecked or disabled motor vehicles or for the removal and
storage of abandoned motor vehicles at the request of a law enforcement officer, the maximum
rate that may be charged by a wrecker operator is as follows,based on the lowest class of wrecker
service required for the vehicle, with any trailered appurtenance, for which law enforcement has
requested towing:
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Class A Wrecker Service as
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Base rate (anytime a wrecker is called to a $15.00 $200.00
site
Inside storage (per day) $40.00 $50.00 plus $2-90 $3.00 per foot for
motor vehicles over 20 feet long �
Outside storage (per day) $30.00 $40.00 plus $2-00 $3.00 per foot for
motor vehicles over 20 feet long
Administration fee $25.00�$50.00
Notification fee $50.00 $75.00 first notification$20.00
$25.00 each additional letter
Mileage rate from wrecker station to site $3-.00 $4.00 per mile
and return
Per hour charge beginning upon arrival on Q'�00 $200.00
site, in one-fourth-hour increments
After hours gate fee $-75 $100.00
Service call $7-5-00 $100.00 °0
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Class B Wrecker Service U)
Base rate (anytime a wrecker is called to a $200.00-$300.00
site
Inside storage (per day) $40.00 $50.00 plus $2-00 $3.00 per foot for
motor vehicles over 20 feet long C.
Outside storage (per day) $30.00 $40.00 plus $2-00 $3.00 per foot for
motor vehicles over 20 feet long
Administration fee &2-5-.W$50.00
Notification fee $50.00 $75.00 first notification$20.00 0
$25.00 each additional letter 2
Mileage rate from wrecker station to site $4--00 $5.00 per mile
and return 0
Per hour charge beginning arrival on site, $180.00 $300.00
in one-fourth-hour increments
After hours gate fee $5-0 $100.00
Service call $7-5 �$100.00
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Class C Wrecker Service
Base rate (anytime a wrecker is called to a $485.00 $600.00
site)
2 Packet Pg. 3268
R.4.a
Mileage rate from wrecker station to site $5--.99 $6.00 per mile
and return
Inside storage (per day) $40.00 $50.00 plus 42 9A $3.00 per foot for
motor vehicles over 20 feet long
Outside storage (per day) $30.00 $40.00 plus 42-99 $3.00 per foot for U)
motor vehicles over 20 feet long
Administration fee 0 $50.00
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Per hour charge beginning upon arrival on $ 99 99 $600.00
site, in one-fourth-hour increments
After hours gate fee 100.00
Service call &5-9� 100.00 �
SECTION 2. Section 25-4(g) is hereby amended as follows:
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(g)Penalties. This section maybe enforced by toe Fi r-i 14ighwa-y Df*re' an the sheriff's office
or any state law enforcement agency and any police force within Monroe County, Florida.
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SECTION 3. SEVERABIL,ITY. If any section, subsection, sentence, clause, or provision of this
ordinance is held invalid or declared to be unconstitutional, inoperative or void, such holding shall �E
not affect the remaining portions of this ordinance. If this ordinance or any provision thereof shall
be held to be inapplicable to any person, property or circumstances, such holding shall not affect
its applicability to any other person,property or circumstances. CN
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SECTION 4.CONFLICT WITH OTHER ORDINANCES. All ordinances or parts of U)
ordinances in conflict with this ordinance are hereby repealed to the extent of said conflict.
SECTION 5. INCLUSION IN CODE OF ORDINANCES. 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 6. TRANSMITAL AND EFFECTIVE DATE This ordinance shall be filed with 0
the Department of State and shall be effective as provided in section 125.66(2), Florida
Statutes. 0
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[remainder of page intentionally left blank]
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R.4.a
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida at a regular meeting of said board held on August 17, 2022. .
Mayor David Rice
Mayor Pro Tem Craig Cates
Commissioner Michelle Coldiron
Commissioner James K. Scholl
Commissioner Holly Merrill Raschein
(SEAL) BOARD OF COUNTY
ATTEST: Kevin Madok, Clerk COMMISSIONERS OF MONROE 0
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COUNTY, FLORIDA c
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As Deputy Clerk
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Approved as to Form and Legal Sufficiency 04
James D. Molenaar 04
Asst. County Attorney
MONROE COUNTY ATTORNEY' OFFICE
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Wheaton's Towing
101.500 Overseas Hwy
Key Largo, FL 33037
305-451-3500 305-923-9873
May 13, 2022
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To Whom it May Concern; �0
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We have reviewed the proposed rate changes for
Towing & Storage fees, we are in agreement with 0
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If you have any questions you can give us a call.
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Mark Wheaton-Owner 0
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wheatonstowing*yahoo.com
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https://connect.xfmity.com/appsuite/#!!&app=io.ox/mail& o er— efau,..
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Michael Mojica<itzmr305@icloud.com> Q
3:36 PM
To bad-boys@comcast.net
Reply Forward Delete m
1 attachment ► View Download
Sent from my Whone
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Guys,Towing
3058-52S447
3059421429 0
99275 Overseas Highway
Key Largo,FL °
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May 16,2022 W
In regards to the suggested rate increase we have reviewer[the revised price proposals >
for bwmgd storage feft in the Florida Keys We are in agreement with the increased rates
aril believe they wt+t best meet the demands of the current market conditions CL
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That*you all for your time in this matter,
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Gaetano Faust
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May 09 22,02:12p All American TOW 3054510418 p.1
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All American Towing
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Tire Inc.
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Key Largo, FL,33037
PH#305-451-0714
Fax#305-451-0418
AFTER REVIEWING THE NEW RATES, WE AGREE TO
THE RATES AND WOULD LIKE TO MOVE FORWARD CL
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WITH THIS!
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THANK YOU
ALL AMERICAN TOWING.AND TIRE INC.
Packet Pg. 3274
May.09.2022 10:11 3054510418
R.4.b
Paradise Towing & Salvage
5409 Overseas Hwy#317 Fax: 305-743-6765
Marathon Florida, 33050 Phone: 305-743-0502
May 18th,2022
To whom it May Concern,
We have looked at and reviewed all the information for the proposed rate changes that have �
been requested for the towing and storage in The Villages of Islamorada. We are 100%in
favor of this Increase. We feel this increase is overdue. The increase in the cost of running our
business has more than tripled in just the last few years,due to the rise in land prices,
insurance, and gas.
If you have any questions do not hesitate to give me a call at my number below
Thank you,
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Debra Struyf-Owner
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Paradise Towing&Salvage
30S-481-8379
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dstruyf@aoi.com
Packet Pg. 3275
R.4.b
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Anchor Towing
189 U.S. Highway 1
Key West, FL 33040
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(305) 745-1255
May 17,2022
RE: Towing Rate Increase 0
Tear Monroe County Board of Commissioners:
We have reviewed the current increased towing rates of the City of Marathon and agree with them. If Cr
you have any questions or concerns,please don't hesitate to contact our office.
"Thank you for your time,
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Ashley Loper CL
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Packet Pg. 3276
ARNOLD'S AUTO & MARINE REPAIR, INC.
5540 3rd AVENUE
KEY WEST, FL 33040
305/296-3832
admin@arnoldstowing.com
May 15, 2022
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Florida Keys Towing,Inc. 3:
25 COCO Plum Drive 0
Marathon,FL 33050
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Dear Sir:
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Arnold's Towing is in agreement with the proposed private property towing rates for
the City Of Marathon towing rotation.
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If you should have any further questions,do not hesitate to contact me.
Sincerely, 0
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DORIS R.ARNOLD
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President 0
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