§ 26-229. Maximum towing, storage and related rates pertaining to non-consent tow services, as well as, private property towing, impound and immobilization.

(a)

Limited to the specific towing or immobilization operation and/or storage, this article does not limit pass-through of any additional towing, immobilization and/or storage related fees or charges required or authorized by Florida law which supersedes this article. Also, limited to the specific towing, immobilization and/or storage, this article does not affect any then existing rights of a towing or immobilization company to recover from any person or entity all costs actually paid for filing any form(s), taking any legal action(s), and/or other substantially similar costs.

(b)

The Board of County Commissioners shall, by resolution, establish maximum rates for non-consent law enforcement towing, private property towing, storage, immobilization and related services of towed vehicles/vessels, which may be amended from time to time as follows:

(1)

Towing services per call, which shall include time from arrival on scene through the first thirty (30) minutes on scene that the tow truck is actually engaging in the safe removal of a vehicle/vessel.

(2)

A mileage charge for only law enforcement directed tows based upon the distance from the towing business' location to the scene and back.

(3)

Storage charges that shall begin six (6) hours after arrival at the towing company location and will accrue in twenty-four (24) hour intervals starting each day thereafter from the time of original arrival to the storage location (e.g., car towed in for storage at 6:00 p.m., between 6:00 p.m. and 12:00 a.m. no storage charge applies, at 12:01 a.m. charges for day one storage begins, the next day at 6:01 p.m. the second day of storage begins), where:

a.

Law enforcement has authorized the vehicle/vessel to be impounded; or

b.

The appropriate law enforcement agency has been notified by the tow truck company, within 30 minutes after completion of such towing or removal, that the tow truck company is in possession of a vehicle/vessel resulting from a private property impound tow per F.S. § 715.07.

(4)

Indoor storage rates may only be charged upon the express direction and written authorization of the owner/authorized driver/agent, lien holder, insurance company representative or investigating law enforcement agency. The only exceptions to this rule are:

a.

When the condition of the vehicle/vessel requires indoor storage due to inclement weather conditions or the vehicle's window(s) and/or convertible top is down and cannot be raised and indoor storage is necessary to protect the vehicle and its contents; or

b.

When a municipal or county jurisdiction requires indoor storage for towed vehicles/vessels.

(5)

An administrative/lien fee shall only be charged after the vehicle/vessel has been in the storage facility for at least five (5) calendar days, and:

a.

The law enforcement agency has prepared an incident report authorizing the vehicle/vessel to be impounded; or

b.

The law enforcement agency has been notified by the tow truck company, within 30 minutes after completion of such towing or removal, that the tow truck company is in possession of a vehicle/vessel resulting from a private property impound tow per F.S. § 715.07; and

c.

The tow truck company must show proof that lien letter(s) have been prepared with the appropriate names and addresses (i.e., U.S. Mail Certification Number, correspondence copies, etc.), thereby establishing that fees have actually been expended.

(6)

Underwater recovery performed by a certified/professional diver with the written documentation and approval by the investigating law enforcement agency/officer on scene.

(7)

A late-hour gate fee may be applied between the hours of 6:00 p.m. to 8:00 a.m. Monday through Friday, and 6:00 p.m. Friday to 8:00 a.m. Monday, for law enforcement tows, when:

a.

Impounded vehicles/vessels are recovered by the owner or authorized driver/agent during the aforementioned late-hour gate period; or

b.

The owner or authorized driver/agent wishes to recover property from the impounded vehicle/vessel during the late-hour gate period. There shall be no charge to any owner or authorized person wishing to remove prescription medication and prescription eyeglasses from an impounded vehicle/vessel. Tow truck operators may inform the owner or authorized driver/agent of the vehicle/vessel that he/she may request that law enforcement officer be present at the time agreed upon to recover the property sought. If it is found that the authorized driver/agent of the vehicle/vessel made a false request to recover prescription medication and/or prescription eyeglasses in order to recover other items, the tow truck operator may impose a late-hour gate fee double the rate allowed by this article.

(8)

Hazardous material clean-up and disposal as required, mandated and/or licensed through federal, state or local laws and approved by the investigating law enforcement agency/officer.

(9)

Rates for the release of an immobilization device.

(Ord. No. 2008-47, § 4; Ord. No. 2009-60, § 3; Ord. No. 2010-30, § 2)