§ 26-232. Tow truck/immobilization company requirements.

(a)

Tow truck companies providing services pursuant to this article shall not do so when there is a person or animal occupying the vehicle/vessel.

(b)

Tow truck companies providing services pursuant to this article shall transport the vehicle/vessel directly to the storage facility of the tow truck company providing the service, or to such other location as a law enforcement officer authorizing the tow may expressly direct, and shall not keep the vehicle/vessel in any temporary holding area.

(c)

Tow truck or immobilization companies providing services pursuant to this article shall keep on file complete records of all current rates charged for the recovery, towing, immobilization or removal of vehicles/vessels and storage provided in connection therewith. Tow truck companies shall also display prominently at each storage facility the following information: Signage which identifies the name of the towing company, a schedule of all charges and rates for removal of vehicles/vessels for private property impounds and/or the removal of immobilization devices, a statement that the rates do not exceed the rates established and authorized pursuant to this article and the rights afforded to a vehicle/vessel owner or authorized driver/agent pursuant to state statutes. The above information shall be posted prominently in the area designated by such tow truck companies to transact business. During business hours, such area shall provide shelter, safety, and lighting adequate for the vehicle/vessel owner or authorized driver/agent to read the posted rate schedule. Further, notice shall be posted advising the vehicle/vessel owner or authorized driver/agent of the right to request and review a complete schedule of charges and rates for towing or immobilization services for the jurisdiction in which the law enforcement order to tow was made.

(d)

Tow truck companies shall provide signage on the property clearly visible from the street (unless otherwise prohibited by local zoning laws) with at least three-inch letters on a contrasting background with the name and phone number of the tow truck company.

(e)

Tow truck or immobilization companies providing services pursuant to this article shall advise any vehicle/vessel owner or authorized driver/agent who calls by telephone prior to arriving at the storage facility or, in the case of immobilized vehicles, the immobilized vehicle's location, of the following:

(1)

Each and every document or other item which must be produced to retrieve the vehicle/vessel;

(2)

The exact charges as of the time of the telephone call, and the rate at which charges accumulate after the call;

(3)

The acceptable methods of payment; and

(4)

The hours and days the tow truck company's storage facility is open for regular business.

(f)

Tow truck or immobilization companies providing services pursuant to this article shall allow every vehicle/vessel owner or authorized driver/agent to inspect the interior and exterior of the towed/immobilized vehicle/vessel upon his or her arrival at the storage facility or at the immobilized vehicle's location before payment of any charges. In the case of immobilization companies, the immobilization device does not have to be removed until after payment is rendered. With the exception of vehicles/vessels being held pursuant to the specific request or "hold order" of a law enforcement agency, the vehicle 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.

(g)

Companies providing services pursuant to this article shall not store or impound a towed vehicle/vessel at a distance which exceeds a ten-mile radius of the location within Collier County from which the vehicle/vessel was recovered, towed or removed unless no towing company providing services under this section is located within a ten-mile radius, in which case a towed or removed vehicle/vessel must be stored at a site within twenty (20) miles of the point of removal within Collier County.

(h)

Tow truck companies providing services pursuant to this article shall maintain one (1) or more storage facilities and shall maintain a current county occupational license and shall be open for the purpose of redemption of vehicles/vessels by owners or authorized drivers/agents on any day that the tow truck company is open for towing purposes from at least 8:00 a.m. to 6:00 p.m., Monday through Friday and, when closed, shall have posted prominently on the exterior of the storage facility and place of business, if different, a notice indicating 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 (1) hour.

(i)

Tow truck or immobilization companies shall not, as a condition of release of the vehicle/vessel, require a vehicle/vessel owner or authorized driver/agent to sign any release or waiver of any kind which would release the tow truck or immobilization company from liability for damages noted by the vehicle/vessel owner or authorized driver/agent at the time of the vehicle/vessel's release. A detailed, signed receipt showing the legal name of the tow truck or immobilization company removing or immobilizing the vehicle/vessel shall be given to the vehicle owner or authorized driver/agent at the time of payment, whether requested or not.

(j)

Tow truck companies providing services pursuant to this article shall post a notice clearly visible to the vehicle/vessel owner or authorized driver/agent seeking to recover his/her towed vehicle/vessel, that if the owner or authorized driver/agent believes he/she is being overcharged for a non-consent tow or, he/she has the right to post a cash or surety bond (or other adequate security equal to the amount of the charges for towing or storage) for the disputed amount with the circuit court to obtain release of the vehicle/vessel. Upon the posting of the bond as set forth in F.S. § 713.78, Florida Statutes, and payment of the applicable fee set forth in F.S. § 28.24, the clerk of the court shall issue a certificate notifying the lienor of the posting of the bond and directing the lienor to release the vehicle or vessel. The towing company is obligated to release the vehicle upon a showing of proof of the bond.

(k)

Tow truck companies operating in Collier County shall carry an insurance policy or policies or certificates of insurance that shall indemnify/insure such company for its liability, at a minimum, as follows:

(1)

Auto liability for each tow truck:

a.

$300,000.00 combined single limit for Class A—Light Duty tow trucks used exclusively for private property impounds.

b.

$500,000.00 combined single limits for all other tow trucks.

(2)

General/garage liability:

a.

$300,000.00 combined single limit for tow truck operators performing only private property impounds.

b.

$500,000.00 combined single limit for all other tow truck operators.

(3)

Garage keeper's liability: $50,000.00 for any one vehicle and $100,000.00 per occurrence.

(4)

$50,000.00 on-hook cargo liability coverage for each vehicle.

(5)

Workers' Compensation coverage as required by state law.

All insurance policies shall be issued by insurance companies authorized and qualified to do business in the State of Florida. Notwithstanding the minimum insurance coverage amounts required herein, the Collier County Sheriff may require higher coverage limits as a condition of eligibility for working law enforcement rotation calls. To the extent that State law requires greater liability coverage amounts than those stated herein, the greater amounts required by State law shall control.

(l)

Immobilization companies shall carry an insurance policy or policies or certificates of insurance that shall indemnify/insure such company for its liability in an amount of no less than $20,000.00 and for Workers' Compensation coverage as required by State law. All insurance policies shall be issued by insurance companies authorized and qualified to do business in Florida. To the extent that state law requires greater liability coverage amounts than those stated herein, the greater amounts required by State law shall control. The insurance shall be kept in full force and effect by the certificate holder at all times the immobilization company is conducting business.

(m)

The following additional provisions shall apply to the immobilization of vehicles/vessels on private property:

(1)

Prior to immobilizing a vehicle for a first time "incidental" parking violation (incidental being defined as when a vehicle/vessel is parked such that it intrudes upon an area in violation of the private property's rules at a distance of less than 6 inches) the immobilizing company shall first post a legible printed warning notice on the driver's side window of the vehicle/vessel in a highly visible color, noting the time that the warning was posted, and stating that the vehicle/vessel is parked in violation of the private property's rules and that if the vehicle is not relocated to a proper parking spot within six (6) hours of the issuance of the warning the vehicle/vessel will be immobilized. The immobilization company shall keep records of the time of issuance of the warning notice for a minimum period of one (1) year.

(2)

Lease, rental, or property owners' association documents shall contain a notice provision indicating that the residential property utilizes vehicle/vessel immobilization. In the case of properties with existing leases, rental agreements or property owners' associations documents, it shall be sufficient to notify by regular mail, at the last known address, each of the tenants/owners of the property prior to the initiation of vehicle immobilization. All new leases, rental agreements or property owners' association documents shall contain the provision giving notice that the property owner intends to utilize vehicle immobilization, and a complete and specifically detailed list of rules, that if violated, will result in vehicle immobilization. A copy of those provisions must be posted in the rental office and/or a common area. A copy of those provisions must also be maintained on file in each immobilization service vehicle involved in vehicle immobilization.

(3)

Companies providing immobilization services shall accept payment to release vehicles/vessels in the form of cash, bank debit card and major credit cards.

(Ord. No. 2008-47, § 7; Ord. No. 2009-60, § 6; Ord. No. 2010-30, § 5)