Item R13 R.13
Coty f � ,�� ,' BOARD OF COUNTY COMMISSIONERS
�� Mayor David Rice,District 4
The Florida Keys � Mayor Pro Tem Craig Cates,District I
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.13
Agenda Item Summary #10789
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 25-7 of the Monroe
County Code, increasing the towing and storage rates for non-consensual tows and eliminating
unnecessary permitting requirements.
ITEM BACKGROUND: The County has the statutory authority to set"rates for towing of
vehicles or vessels from or immobilization of vehicles or vessels on private property, or rates for
removal and storage of wrecked or disabled vehicles or vessels from an accident scene or the
removal and storage of vehicles or vessels in the event the owner or operator is incapacitated,
unavailable, leaves the procurement of wrecker service to the law enforcement officer at the scene,
or otherwise does not consent to the removal of the vehicle or vessel." F.S. 125.0103(1)(b); see also
F.S. 715.07(2)(b).
In April, 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 Nonconsensual Towing Service Rates have not been updated in more than 7 years.
The ordinance regulates the amount a tow operator can charge a vehicle owner when that vehicle is
towed at the direction private property owner or non-law enforcement governmental staff member
when the vehicle is on private property. The proposed new rates are identical to those charged for
law enforcement tows in Section 25-4 of the Code County. Those rates are:
Class A Wrecker
Per Mile $4.00
Base Rate $200.00
Inside Storage Per Da $50.00
Outside stora eh 20 feetl Per Da $40.00
Storage/Greater than 20 feetl Per foot $3.00
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Administration Fee $50.00
Notification Fee $75.00
Notification Fee/Each Additional Letter $25.00
After Hours Gate Fee $100.00
Return of moped, electric carspeed limit<35 mph $75.00
Return of moped, electric carspeed limit> 35 mph Per Mile 1 way) $4.00
Class B Wrecker
Per Mile $5.00
Base Rate $300.00
Inside Storage Per Da $50.00
Outside stora e/> 20 feetj Per Da $40.00
Storage/Greater than 20 feetl Per foot $3.00
Administration Fee $50.00
Notification Fee $75.00
Notification Fee/Each Additional Letter $25.00
Labor rate for extraordinary effort. . . . $165.00
Class C Wrecker
Per Mile $6.00
Base Rate $600.00
Inside Storage Per Da $50.00
Outside stora eh 20 feetl Per Da $40.00
Storage/Greater than 20 feetl Per foot $3.00
Administration Fee $50.00
Notification Fee $75.00
Notification Fee/Each Additional Letter $25.00
Labor rate for extraordinary effort. . . . $165.00
The proposed rates are substantially similar to the rates adopted by the City of Marathon.
The proposed ordinance also deletes a requirement that non-consensual tow operators apply for,pay
for, and receive a permit from the County to operate in the unincorporated county. That permitting
regime also required annual inspections by the County's Fleet Department. This provision is
duplicative since tow companies have to be inspected by law enforcement to conduct those tows. It
is proposed to be eliminated in order to reduce unnecessary regulations on small business in the
County.
PREVIOUS RELEVANT BOCC ACTION: This Ordinance was last amended May 2015 by this
Board.
CONTRACT/AGREEMENT CHANGES:
Amend Non-Consentual Tow Ordinance - Rates Increase
STAFF RECOMMENDATION: Approval
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R.13
DOCUMENTATION:
Non consensual Tow Ordinance Update August 2022 Final
Tow Operators Approvals
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: Zero Dollars
Revenue Producing: No If yes, amount: N/A
Grant: No
County Match: N/A
Insurance Required: N/A
Additional Details: None
None
REVIEWED BY:
Bob Shillinger Completed 08/02/2022 1:36 PM
James Molenaar Completed 08/02/2022 1:54 PM
Purchasing Completed 08/02/2022 2:04 PM
Budget and Finance Completed 08/02/2022 2:05 PM
Brian Bradley Completed 08/02/2022 5:07 PM
Lindsey Ballard Completed 08/03/2022 1:28 PM
Board of County Commissioners Pending 08/17/2022 9:00 AM
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R.13.a
ORDINANCE 2022
AN ORDINANCE OF THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA,
AMENDING SECTION 25-7 OF THE MONROE COUNTY
CODE; DELETING THE DEFINTION OF PERMITTING
OFFICIAL; DELETING THE REQUIREMENT FOR AN
OPERATING PERMIT; INCREASING MAXIMUM
RATES FOR NONCONSENSUAL TOWING SERVICES; �
PROVIDING FOR SEVERABILITY; PROVIDING FOR
THE REPEAL OF ALL ORDINANCES INCONSISTENT
HEREWITH; PROVIDING FOR INCORPORATION
INTO THE MONROE COUNTY CODE OF 0
ORDINANCES; AND PROVIDING AN EFFECTIVE
0
DATE.
WHEREAS, the Board of County Commissioners ("the Board") finds it necessary from
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 non-consensual tow ordinance to determine if the rates previously set need to be updated
due to inflation; and
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WHEREAS,this section is amended pursuant to the statutory power of Monroe County toCL
establish and enforce business regulations necessary for the protection of the public, pursuant to
F.S. 125.0103(1)(b) and F.S. 715.07; and
WHEREAS, the Board finds that its prior permitting scheme should be eliminated in the
interests of reducing regulatory requirements on small business operators; and 0
WHEREAS, the Board finds that the public interest would be served by enacting U)
amendments to Monroe County Code Sec. 25-7; and U)
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WHEREAS, the Board finds that having one rate and fee schedule that applies to both 0
non-consensual tows and law enforcement tows would eliminate unnecessary confusion so the
Board specifically intends to strike the fee provisions in Section 25-7 and, in its place, incorporate
by reference the updated rate and fee schedule adopted on August 17,2022 as part of the ordinance
on law enforcement tows into this ordinance for non-consensual tows.
NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
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COMMISSIONERS OF MONROE COUNTY, FLORIDA,AS FOLLOWS:
[Proposed Text Changes are presented in ske�hr-ettgl+to indicate deletions and
underline to indicate additions; only those subsections,paragraphs, subparagraphs
changed appear below.]
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SECTION 1. Section 25-7 (d) is hereby amended as follows:
(d)Definitions. For purposes of this section, the following definitions shall apply: 0
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SECTION 2. Section 25-7 (e) is hereby amended as follows:
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(e) i eqH feDisclaimer
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fir-st obtaining a fiefteensenstial tow per-mit tinder- this seetiefl. 14 shall also be tifflaw
nefteenseiistm!—tow p ;t „t to t4e pr-. of t is seetion. A p(-Sea �
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„ram; ao frl.oeeff„t., shall be ,o ,oar obtain a fiefteens0 1 tow o v,;t and shall N
(2 f)Nothing in this section shall be construed to prohibit the discharge or storage of a vehicle
lawfully recovered, towed or removed within a city or another county and lawfully
transported within, or into, the county; nor shall anything in this section be construed to
prohibit a vehicle owner from requesting the services of a towing business not regularly
doing business in the county (i.e., routinely, contracted, etc.) to tow or transport such
vehicle out of the county.
(-3 2)The provisions of this section shall not apply to governmental agencies and persons
operating pursuant to a government initiated tow request. 0
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SECTION 3. Section 25-7 (f) is hereby stricken in its entirety.
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SECTION 4. Section 25-7 (g) is hereby renamed as (f) and amended as follows: 0
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(g f) Required equipment.
0) Every towing service operating under this section will be required to comply
with the equipment requirements set forth in subsection 254(b).
(2) No f e than 30.a.,.,s pr-ierte s4fnic4ing the initial appli^eatios vt a renewal �
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letier f,,f signedby a N4C;SO depffty or- FuP e€f ee�—in li , f t4e inspeetien
per-fefmed by t e AR)n /-'.,,,,,ram, Fleet N4ai,to,,.nee 710paFtment
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SECTION 5. Section 25-7(h) is hereby renamed as (g) and amended as follows: U)
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(h g). -Maximum rates for nonconsensual towingservices 0
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(1) The maximum rate for a nonconsensual private tow shall be as f the same rates 0
set forth in subsection 25-4(d)(1).
as follows--
a. $135. 0 for- fnvFo.acccTRrvter—eye1{,ear-s zand yeh-ieles weighing 10,000 petifidsor- toss G�
b. $299.00 ifgr-yeh-ieles neighing between 10,001 and 20,000 petinds 1„s e4.00 per-fni - CN
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c $485.00 f9r-vehieles wei hing inrexeess of 20,000 petinds pitis $5.00 ner-mile. U)
d. A labor-rate of"to E)f$135.00 per-hetir-may be applied in eir-etimstanees
par-king lot in whieh t4e vehiele or-vessel is not lawfitily parked fntist stop when a per-s
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payment of a r-easenable sen,iee of not fner-e than efte half t4e rates set feFth above. The
vehiele or-vessel may be towed or-r-emoved if-, after-a r-easenable eppeftu*ity, t4e Owne-r- 0
fee. if�he vehiele of vessel is redeemed, a detailed sigfied r-eeeipt ffitist be giveff to
0 edge, ing t e yehiele . 0 of(2) Storage fees may be ehar-ged ef4y after-t4e vehiele has been in t4e storage faeilit-y for-
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hetir- tifne period has elapsed, t4efi storage ehar-ges shall aeeme in 24 h q& 0
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ay for- e tsi e storage pits $2 nnper- f9et f9- fneteivehieles ever-20 feet leng and
leffg-
3 Packet Pg. 3786
R.13.a
additional let4er- shall efily be ehar-ged after- t4e vehiele,Lvessel has been in t4e ster-a-ge
faeilit-y for- 4 least 24 hetir-s; and, t4e nefteensent tow eempany fntist show proof th4
lien let4er-(s) have been prepared w44 t4e appr-e. /addresses (i.e., U.S. Mai4
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vehiele,Lvessel owner-upen demand.
(4) After- hetir- g4e fees may not be applied between t4e hetir-s of 8:00 a.m. and 5:00 p.m. 0
-after- hetir-s g e fee shall be $75 00 �
(�2)Persons who provide services pursuant to this section shall not charge in excess of the U
maximum allowable rates established by the board. No person providing services a
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 3)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.
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(-7 4)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.
(,9 5)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 noncommercially owned moped, electric car or similar
reduced-speed vehicle to the vehicle owner. The tow company may impose a fee, not to 0
exceed $50.00 $75.00 and$3-90 $4.00 per mile (one way only) for the return delivery 0
service.
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SECTION 6. Section 25-7(i) is hereby renamed as (h) and amended as follows: 0)
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(i h) Nonconsent tow company requirements.
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R.13.a
(409) 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 ro.-. ,tiro, ffieial of the County Attorney or any law
enforcement agency.
SECTION 7. Section 25-70) is hereby renamed as (i).
SECTION 8. Section 25-7(k) is hereby renamed as (j): 0
SECTION 9. Section 25-7(l) is hereby renamed as (k) and amended as follows:
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(1-�Enforcement and penalties for violations. U
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(3) The penakies deser-ibed in paragraph (2) of this s4seetion shall be in addition to the z
emit lice se by any gevef*fnental 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. U-
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of an allegation that a* owner-has vielated a pr-evisien of this seetion the peffflit4ing Offi
shall sehedtile a hear-ing with the ewner-. Failtir-e by the owner-to appear-at the hear-ing shall
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period of up to ene year- based upen the gr-avit-y and fFe"eney of the vielations. The
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before the e t hear-inn.
SECTION 10. 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 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
5 Packet Pg. 3788
R.13.a
circumstances, such holding shall not affect its applicability to any other person, property or
circumstances.
SECTION 11. CONFLICT WITH OTHER ORDINANCES. All ordinances orparts of
ordinances in conflict with this ordinance are hereby repealed to the extent of said conflict.
as
SECTION 12. INCLUSION IN CODE OF ORDINANCES. The provisions of this
ordinance shall be included and incorporated in the Code of Ordinances in the County of
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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. 0
The editors are the municipal code corporation are advised that any provision of section
25-7 that does not appear in this ordinance shall remain unchanged. The editors are
authorized to make editorial edits for renumbering and relabeling. 0
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SECTION 13. TRANSMITAL AND EFFECTIVE DATE This Ordinance shall be
filed with the Department of State and shall be effective as provided in section 125.66(2),
Florida Statutes. <
PASSED AND ADOPTED by the Board of County Commissioners of Monroe -
County, Florida at a regular meeting of said board held on the August 17, 2022. N
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Mayor David Rice
Mayor Pro Tem Craig Cates
Commissioner Michelle Coldiron
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Commissioner James K. Scholl
Commissioner Holly Merrill Raschein CL
as
BOARD OF COUNTY
(SEAL) COMMISSIONERS OF MONROE
ATTEST: Kevin Madok, Clerk 0
COUNTY, FLORIDA �
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By:
As Deputy Clerk By:
Mayor/Chairman 0
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Approved as to Form and Legal Sufficiency U
James D. Molenaar
Asst. County Attorney
MONROE COUNTY ATTORNEY'S OFFICE
6 Packet Pg. 3789
R.13.b
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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;
We have reviewed the proposed rate changes for U)
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Towing & Storage fees, we are in agreement with C
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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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Packet Pg. 3791
Mail-bad-boys(ncomcast.net-Xfinity Connect R.13.b
https.//connect.xfmity.com/appsuite/#!!&app=io.ox/mail& o er— efau...
No subject Hide Ad
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
Guys,Towing
3058-52S447 �
3059421429
99275 Overseas Highway
Key Largo.FL so
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May 16,2022 0
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In regards to the suggested rate increase we have reviewer[the revised price proposals y
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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Guys lowing
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Gaetano Baust
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May 09 22,02:12p All American TOW 3054510418 p.1 R.13.b
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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
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AFTER REVIEWING THE NEW RATES, WE AGREE TO
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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. 3793
May.09.2022 10:11 3054510418
R.13.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 0
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. 0
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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
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R.13.b
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Anchor Towing
189 U.S. Highway 1
Key West, FL 33040
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(305) 745-155
May 17,2022
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RE: Towing Rate Increase
Tear Monroe County Board of Commissioners:
We have reviewed the current increased towing rates of the City of Marathon and agree with them. If
you have any questions or concerns,please don't hesitate to contact our office. cj
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"Thank you for your time,
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Ashley Loper CL
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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: U
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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
President CL
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