§ 26-227. Definitions.

In case of ambiguity, F.S. § 1.01(15), can be referred to construe the intent of this article. As used in this article, the respective words or phrases mean:

Accident scene means the place where the vehicle/vessel is located immediately following an accident that damaged that vehicle/vessel, preventing safe operation.

Administrative/lien fee shall mean the fee that is charged by a towing company for title records, conducting a lien search, advertising costs, and certified mail notification to the lienholder, owner and all persons with a vested interest in the vehicle of the whereabouts and charges against a vehicle or vessel as required by F.S. § 713.78.

Authorized person (for a vehicle/vessel) means any individual who at the time a decision to select a towing company is made, has lawful, actual or constructive physical possession or custody of that vehicle/vessel, including, prioritized in this descending order: registered owner or co-owner of the vehicle/vessel, operator of the vehicle/vessel, bailee of the vehicle/vessel, or licensed passenger who is then 16 years of age or older, or insurance company authorized by the owner or co-owner of a vehicle/vessel.

Authorized agent (for a property) means any agent or authorized agent for a property owner who has written authority to sign for an absentee owner or association board for the removal of a vehicle or vessel parked on real private property.

Authorized wrecker operator means a wrecker operator who is then designated as part of the wrecker operator system established by the governmental unit that then has jurisdiction over the scene of a wrecked or disabled vehicle (including, when applicable, the Division of Florida Highway Patrol), where the governmental unit/law enforcement officer has determined necessary the removal of a vehicle/vessel by rotation wrecker.

Commercial Motor Vehicle is defined as follows: Any motor vehicle or motor vehicle combination used on the streets or highways, which: (a) has a gross vehicle weight of 26,001 pounds or more, or has three or more axles regardless of weight, or is used in combination when the weight of such combination exceeds 26,001 pounds gross vehicle weight; (b) is designed to transport more than 15 persons, including the driver; or (c) is transporting hazardous materials and is required to be placarded in accordance with Title 49 C.F.R. part 172, Subpart F.

Disabled means a vehicle/vessel that cannot be moved by its own power because the physical condition of the towed vehicle/vessel, including from non-use, lack of fuel, mechanical malfunction or because such movement, except by being towed, would otherwise be illegal or violate a private rule.

Extra time at scene shall mean any extra time beyond one-half (½) hour at an accident scene, needed to safely remove a vehicle/vessel and shall also include the amount of time spent at a scene when a tow truck has been summoned and is on scene but unable to proceed through no fault of the tow truck operator. All extra billable time shall be documented by the tow truck operator and shall include the following information: (1) the name of the law enforcement agency, (2) the law enforcement agency case number, (3) a detailed description of the reason for the extra time required to remain at the accident scene, and (4) the officer's name badge number. The documentation shall also include a detailed explanation of the services rendered which necessitated the additional charges. Extra time on scene shall be charged in fifteen-minute increments.

Gross Weight shall mean the weight of a tow truck in pounds plus the weight of the vehicle(s)/vessel(s) or other machinery and the contents being towed.

Incapacitated means any person who is then physically or legally unable to operate the towed vehicle/vessel at that time of the rotation request made by law enforcement because of that person's physical condition, including sickness, injury, being under the influence of alcohol or controlled substance, being under arrest, being detained, revocation or suspension of that person's operator's license or permit, or any other condition that the jurisdictional law enforcement officer determines is justification to call a wrecker off of rotation.

Immobilization Device means any device attached to a vehicle which is designed to prevent the vehicle from being operated.

Immobilization means the utilization of a "boot" or other Immobilization Device that causes a vehicle to be immobile or otherwise renders a vehicle immobile or inoperable.

Immobilization Company means the private partnership, corporation or other privately owned business entity, including sole proprietor, engaged in the immobilization of vehicles, including the utilization of a "boot" or other Immobilization Device that causes a vehicle to be immobile or otherwise renders a vehicle immobile or inoperable.

Law means all applicable ordinances, Florida Statutes, United States Statutes and Codes, special acts, or any applicable lawful rules and regulations enacted, promulgated, or adopted by any governmental entity or any agency or subdivision thereof.

Law Enforcement Officer means every officer (full- or part-time) as then defined by federal law or by Florida Statute, including subsection 112.531(1), any subsection of 316.1906(1)(d)(1)(3) inclusive; or subsection 9443.10(1), (6) or (8).

Law Enforcement Tow shall mean any tow authorized by any jurisdictional law enforcement officer where an authorized wrecker operator is dispatched off of the wrecker rotation system (a non-consent tow).

Light reflective sign shall mean an eighteen-inch wide by twenty-four inch high sign made of aluminum (at least 0.040 thickness) or fiber reinforced plastic (at least 0.090 thickness). The entire background surface and all lettering must at a minimum be type 1 engineered grade sheeting (ASTM D4956-01). The letters may be screen printed on the type 1 sheeting using a compatible transparent ink so that the retroreflective is maintained and visible.

Mileage charge shall mean allowable charges for miles from the location of the company storage yard to the location of an accident scene or scene of a rotation call authorized by a jurisdictional law enforcement agent. Mileage charges are not reimbursable for private property towing.

Non-consent towing means the recovery, towing, removal and storage of a vehicle/vessel without authorization of the vehicle/vessel owner or authorized driver and shall include both "Law Enforcement Officer Tows" and "Private Property Impounds/Tows" as defined herein.

Operator shall mean any person who provides the services of recovering, towing, or removing vehicles/vessels and any vehicle/vessel storage services associated therewith and includes without distinction the owning of a towing firm and the driver of a tow truck.

Person shall mean any natural person, firm, partnership, association, corporation or other entity of any kind whatsoever.

Private property means all real property not owned by, leased to, or similarly controlled by a governmental entity, including private roads.

Private property impound or tow shall mean towing or removal of a vehicle/vessel without the consent of the vehicle's owner or authorized driver when that vehicle/vessel is parked on real property, as authorized by F.S. § 715.07, as may be amended, when the authorized agent for the property or the owner of the property has requested removal of the vehicle/vessel.

Private rule means restrictive covenant, deed restriction, parking ticket restriction, and any other private rule or regulation that prohibits that type of vehicle/vessel from being at or on that private property at that time, and towing or immobilizing that vehicle/vessel from that property is then allowed by law.

Real property owner shall mean that person who exercises dominion and control over real private property, including but not limited to, the legal titleholder, lessee, designated representative of a condominium or homeowner's association or any person authorized to exercise or share dominion and control over real property; provided, however, that "real property owner" shall not mean or include a person providing towing services within the purview of this article.

Recover shall mean to take possession of a vehicle/vessel and its contents and to exercise control, supervision and responsibility over it; including removal of vehicles from a canal or other body of water, wooded area, or any other unpaved area.

Remove shall mean the removal of a vehicle/vessel from a canal or other body of water, a wooded area not readily accessible to a roadway (i.e., within a standard cable length) or when a vehicle/vessel is buried. This includes towing, winching, skating, using go jacks, or any other method employed by towing companies.

Road means alley, court, drive, driveway, highway, interstate highway, lane, parking lot, street, or any other substantially similar place, public or private.

Scene means a physical location from where a vehicle is towed following response thereto by a law enforcement officer, including with regard to an impounded vehicle/vessel or an abandoned vehicle/vessel.

Storage means retaining actual physical possession of a vehicle/vessel at a private storage facility anywhere in Florida, for consideration, including storage at such a private storage facility by or on behalf of a governmental entity or agency of any subdivision thereof. Storage shall further mean to place and leave a towed vehicle/vessel at a location where the person providing the towing services exercises control, supervision and responsibility over the vehicle/vessel.

Storage facility shall mean the location where towed vehicle/vessels are stored.

Tow shall mean to haul, draw or pull along a vehicle or vessel by means of a tow truck (wrecker) for hire equipped with booms, car carriers, winches or similar commercially manufactured equipment. This is usually done by transporting vehicle/vessels through a means other than the towed vehicle/vessel's power source by pulling the vehicle/vessel behind a truck or transporting the towed vehicle/vessel on a truck bed or other substantially similar conveying vehicle/vessel that has four or more wheels.

Towing company means any private partnership, corporation or other privately owned business entity, including sole proprietor, engaged in the operation of towing vehicles/vessels by means of a tow truck slide bed, wrecker or any other form of towing apparatus designated for the purpose of transporting motor vehicles or vessels. This definition includes any person, company, corporation, or other entity, which engages in, owns or operates a business that provides non-consent towing, recovery, removal and storage of vehicles/vessels for compensation.

Tow truck placard shall mean a decal or sign issued by the local government agent, authorized jurisdictional law enforcement agency, or similar governmental body, which is placed upon any tow truck to designate authorization to engage in non-consent tows and to allow parking in specially designated areas authorized by the county or jurisdictional governing body.

Unavailable means that no authorized person is physically present at the scene; or is present, but is incapacitated. When no accident scene is involved, an authorized person is unavailable if he or she cannot readily be contacted to be asked to decide which towing company can tow that vehicle/vessel on that occasion.

Vehicle means a machine or other substantially similar thing designed or used to transport one or more persons and/or property over road or land in the State of Florida, and that has two or more wheels, and is propelled by its own engine, motor, or pulling animal(s). Vehicle includes car, truck, trailer, semi-trailer, motorcycle, motor scooter, moped, bus, van, recreational vehicle, all-terrain vehicle, golf cart, animal-drawn vehicle, and every other substantially similar means of wheeled transportation.

Vessel is synonymous with boat as referenced in s. 1(b), Art. VII of the State Constitution and includes every description of watercraft, barge, and airboat, other than a seaplane on the water, used or capable of being used as a means of transportation on water in and around the State of Florida.

Wrecked means a vehicle that cannot be driven away from its location because of the physical condition of that vehicle/vessel, including from non-use.

(Ord. No. 2008-47, § 2; Ord. No. 2009-60, § 2; Ord. No. 2010-30, § 1)