a. Representations that goods or services have sponsorship, approval, characteristics, ingredients, uses, benefits, or quantities which they do not have;

b. Representations that a person or towtruck company has a sponsorship, approval, status, affiliation or connection which he or she does not have;

c. Representations that goods are original or new if in fact they are not, or if they are deteriorated, altered, reconditioned, reclaimed, or second-hand;

d. Representations that goods are of a particular standard, brand, quality, style, or model, if they are of another;

e. Representations that goods or services are those of another, if they are not;

f. Using deceptive representations or designations of geographic origin in connection with goods or services;

g. Advertising goods or services intending not to sell them as advertised;

h. Advertising goods or services with intent not to supply reasonable expectable public demand, unless the advertisement discloses a limitation of quantity;

i. Making false or misleading statements concerning the need for, or necessity of, any goods, services, replacements, or repairs;

j. Disparaging the goods, services, or business of another by false or misleading representations of fact;

k. Making false or misleading statements of fact concerning the reasons for the existence of, or amounts of price reductions;

l. Failing to return or refund deposits or advance payments for goods not delivered or services not rendered, when no default or further obligation of persons making such deposits or advance payments exists;

m. Taking consideration for goods or services intending not to deliver such goods or perform such services, or intending to deliver goods or provide service materially different from those contracted for, ordered or sold;

n. Offering gifts, prizes, free items, or other gratuities, intending not to provide them as offered in connection with a sale of goods or services to a consumer;

o. Making false or misleading statements concerning the existence, terms, or probability of any rebate, additional goods or services, commission, or discount offered as an inducement for the sale of goods or services;

p. Using physical force, threat of physical force, or coercion in dealing with consumers;

q. Any violation of the Florida Deceptive and Unfair Trade Practices Act, Section 501.201 et seq., Florida Statutes.

Towtruck

1. Minimum gross weight.......................................... 14,500 lbs.

2. Minimum boom capacity...................................... 16,000 lbs.

3. Minimum winching capacity................................... 8,000 lbs.

4. Minimum cable size and length............................. 3/8"X100'

5. Minimum wheel lift retracted rating.........................5,000 lbs.

6. Minimum wheel lift extended rating ........................4,000 lbs.

7. Minimum tow sling safe lift ...................................3,500 lbs.

8. Minimum safety chains (2 each) ............................5/16" grade 70

9. Minimum cab to axle dimension ............................60"

Car Carrier

1. Minimum gross weight .........................................15,000 lbs.

2. Minimum deck capacity ...................................... 10,000 lbs.

3. Minimum length ..................................................19’

4. Minimum winching capacity ..................................8,000 lbs.

5. Minimum cable size and length .............................3/8"X50'

6. Minimum tie down chains (4 each) .........................5/16" grade 80

7. Tie down straps (optional) (4 each) ........................2,000 lbs. each wheel

8. cab to axle dimension ..........................................120"

Light Duty – Non-Police Towing

1. Minimum gross weight ..........................................10,000 lbs.

2. Minimum weight of towtruck ..................................4,000 lbs.

3. Minimum wheel lift extended rating .........................2,500 lbs

4. Minimum cab to axlel dimension .............................60”

1. Minimum gross weight ...........................................19,000 lbs.

2. Minimum boom capacity ........................................24,000 lbs

3. Minimum winching capacity ....................................dual 12,000

4. Minimum cable size and length ...............................7/16” x 150’

5. Minimum wheel lift retracted rating ..........................10,500 lbs.

6. Minimum wheel lift extended rating ...........................6,500 lbs.

7. Minimum tow sling safe lift ......................................3,500 lbs.

8. Minimum safety chains (2 each) ..............................3/8" grade 80

9. Minimum cab to axle dimension ...............................96”

10. Required State DOT Registration

1. Minimum gross weight ............................................22,500 lbs.

2. Minimum deck capacity ..........................................10,000 lbs.

3. Minimum wheel lift capacity for 2nd vehicle ...............4,000 lbs.

4. Minimum length ......................................................19''

5. Minimum winching capacity ......................................8,000 lbs.

6. Minimum cable size and length .................................3/8"X50'

7. Minimum tie down chains (4 each) .............................5/16" grade 80

8. Tie down straps (optional) (4 each) ............................ 2,000 lbs. Each wheel

9. Minimum cab to axle dimension ................................120"

10. Required State DOT Registration

1. Sufficient information to identify the applicant, including but not limited to, full legal name, date of birth, telephone numbers, the place of business and residence addresses, a copy of the applicant's Palm Beach County Occupational License and driver's license number. If the applicant is a corporation, the foregoing information shall be provided for each corporate officer, director, registered agent and shareholder. If the applicant is a partnership, the foregoing information shall be provided for each general and limited partner. Post office box addresses shall not be accepted.

2. Documentation demonstrating that all corporate or partnership applicants are qualified to do business under the laws of Florida.

3. A list of all persons with any ownership interest in the company who have previously been denied an operating permit from this or any other jurisdiction.

4. Verification of the business’ current corporate status and Fictitious Name Registration (if applicable) with the State of Florida.

5. Any trade name under which the business operates, intends to operate, or has previously operated.

6. The location and physical addresses of all places of business including storage facilities.

7. A description of services proposed to be provided, including, but not limited to, days and hours of operation and types of towing and storage services to be provided.

8. A record of any felony within the last 10 years to which the applicant, not previously licensed with the Division, was convicted of, found guilty of, or pled guilty or nolo contendere to, regardless of the adjudication of guilt.

9. A record of the following crimes of which the applicant, not previously licensed with the Division, has been convicted of, found guilty of, or pled guilty or nolo contendere to, regardless of the adjudication of guilt, within the last 10 years involving: repossession of a motor vehicle under Chapter 493, F.S., repair of a motor vehicle under ss. 559.901-559.9221, F.S., theft of a motor vehicle under s. 812.014, F.S., carjacking under s. 812.133, F.S., operation of a chop shop under s. 812.16, F.S., failure to maintain records of motor vehicle parts and accessories under s. 860.14, F.S., airbag theft or use of fake airbags under s. 860.145 or s. 860.146, overcharging for repairs and parts under 860.15, F.S., or violation of the towing or storage requirements for a motor vehicle under s. 321.051, F.S., Chapter 323, F.S., s. 713.78, F.S., s. 715.07, F.S., or this Ordinance. In the case of a corporate or partnership applicant, all corporate officers and directors, or partners shall provide all such information, as the case may be.

10. A record of any unsatisfied civil fines or penalties arising out of an administrative or enforcement action brought by the Division, another governmental agency, or a private person based upon conduct involving a violation of this Ordinance or other towing regulations.

11. A record of any pending criminal, administrative, or enforcement proceeding in any jurisdiction based upon conduct involving a violation of this Ordinance or other towing regulations.

12. A record of any judgment entered in an action brought by the Division under this Ordinance.

13. Proof of insurance as required in Section 7 of this Ordinance.

14. A notarized signature of each individual applicant, president or vice-president of a corporation and of all the general and limited partners of a partnership having 25 percent or greater ownership in the company.

15. The submission of a statement assuring that each towtruck is commercially manufactured, meets the specifications listed herein, is in safe operating condition and receives routine service/maintenance.

16. An agreement on the part of the applicant to abide by the provisions of this Ordinance and the laws of the State of Florida.

17. Such additional information as the Division may deem appropriate.

18. All towtruck companies which desire to operate in Palm Beach County must secure an operating permit and follow the permitting procedures described in this section prior to conducting business. If there are six months or less remaining before the annual renewal period, the fee for the operating permit shall be fifty (50) percent of the approved fee, otherwise all other fees are applicable.

19. Each towing operating permit and towtruck decal issued pursuant to this section shall be valid and effective for one (1) year, terminating on December 31 of each year. Failure to submit a towing operating permit application and the required fee for renewal by September 30 of each year will result in the assessment of a non-refundable late fee. The late fee shall be established by a resolution of the Commission.

Upon submission of an application, the Division may provide the towtruck company with a receipt which shall constitute a provisional towtruck operating permit and shall be valid for no longer than forty-five (45) calendar days or until the issuance or denial of the towtruck operating permit, whichever comes first.

Towtruck companies failing to submit a complete and true application within thirty (30) calendar days after the Division’s receipt of the application shall be denied a towtruck operating permit. Within ten (10) business days of receipt of the Division’s notice of denial, such towtruck companies may refile a complete and true application and pay a non-refundable re-filing fee established by a resolution of the Commission. Failure to refile an application within this ten (10) day period will result in the towtruck company being required to submit a new application and repaying the non-refundable permit fee and towtruck decal fees.

1. Filed with the Division a true, correct and complete application on the form prescribed by the Division, including all proofs of required insurance.

2. Paid the required fee; and

3. Submitted to a background investigation resulting in a determination by the Division that:

a. The applicant neither possesses a suspended or revoked driver's license, nor has had its operating permit previously revoked by action of the Division or any other jurisdiction within two (2) years of the date of application, or has outstanding and unsatisfied civil penalties imposed due to violations of this Ordinance as it has or may be amended.

b. For a new applicant not previously licensed with the Division, the applicant has a felony record within the last 10 years to which the applicant was convicted of, found guilty of, or pled guilty or nolo contendere to, regardless of the adjudication of guilt.

c. For a new applicant not previously licensed with the Division, the applicant has, within the last 10 years, been convicted of, found guilty of, or pled guilty or nolo contendere to, regardless of the adjudication of guilt: repossession of a motor vehicle under Chapter 493, repair of a motor vehicle under ss. 559.901-559.9221, F.S., theft of a motor vehicle under s. 812.014, F.S., carjacking under s. 812.133, F.S., operation of a chop shop under s. 812.16, F.S., motor vehicle parts and accessories under s. 860.14, F. S., airbags under s. 860.145, F.S., or s. 860.146, F.S., overcharging for repairs and parts under 860.15, F.S., or the towing or storage of a motor vehicle under s. 321.051, F.S., Chapter 323, F.S., s. 713.78, F.S., or s. 715.07, F.S. In the case of a corporate or partnership applicant, all corporate officers and directors, or partners shall provide all such information, as the case may be.

d. The applicant has a record of any unsatisfied civil fines or penalties arising out of an administrative or enforcement action brought by the Division, another governmental agency, or a private person based upon conduct involving a violation of this Ordinance or other towing regulations.

e. The applicant has a record of any criminal, administrative, or enforcement proceeding in any jurisdiction based upon conduct involving a violation of this Ordinance or other towing regulations.

f. The applicant has failed to abide by any Cease and Desist Order issued by the Division.

g. The applicant has a record of any judgment entered in an action brought by the Division under this Ordinance.

h. In the case of b. through f. delineated above, such person must have completed all terms or sentences of incarceration, required rehabilitation activities, and/or payment of all fines and penalties imposed including restitution.

i. Each corporate or partnership applicant must be qualified under the laws of Florida to do business under the trade name or names under which it has applied for an operating permit.

j. No fraud or willful or knowing misrepresentation or false statement was made in the application.

k. No judgment against the applicant arising out of the activity of recovery, towing or removing a vehicle/vessel or providing storage in connection therewith remains unsatisfied, unless a stay or reversal of the judgment is procured through the courts.

1. Adequate chain-link or solid-wall fencing that has a minimum height of 6 feet with lockable and secure gates surrounding the storage facility. (713.78(7)(b)1), F.S.

2. At least 10 feet by 20 feet of outdoor storage space for each standard vehicle/vessel (more for larger vehicles). The facility must be able to accommodate a minimum of 10 standard size vehicles.

3. At least 10 feet by 20 feet of indoor storage space for each standard vehicle/vessel. The indoor storage space must adequately protect the vehicle from natural (i.e., rain, hail, etc.) and man-made (i.e., paint, chemicals, etc.) elements, be isolated to prevent contact with unapproved personnel/public and be placed in such a manner to prevent damage by any other means. Indoor storage space shall be adequately vented to the outside to prevent accumulation of toxic fumes or gases that may pose a threat to human health. The indoor facility must be able to accommodate a minimum of at least one standard size vehicle. This subsection shall not apply to towtruck operators performing private property impounds exclusively. In lieu of indoor storage, such private property impound only operators shall insure that towed vehicles are adequately protected from the elements by the use of tarps, commercial plastic wraps or other means.

4. Illuminate the storage facility with lighting of sufficient intensity to reveal persons and vehicles/vessels at a distance of 150 feet during nighttime. (713.78(7)(b)2), F.S.

5. Each storage facility must use one or more of the following security methods to discourage theft of vehicles/vessels or of any personal property contained in such vehicles/vessels

a. A night dispatcher or watchman remaining on duty at the storage facility from sunset to sunrise;

b. A guard dog (as licensed and approved by the Animal Care & Control Division) which remains at the storage facility from sunset to sunrise;

c. Security cameras or other similar electronic surveillance devices which monitor the storage facility; or

d. A licensed security guard service which examines/patrols the storage facility at least once each hour from sunset to sunrise. (713.78(7)(b)3), F.S.

1. Auto liability for each towtruck:

a. $300,000 combined single limit for Class A – Light Duty (Section 3.A.) towtrucks used exclusively for private property impounds.

b. $500,000 combined single limit for all other towtrucks.

2. General/garage liability:

a. $300,000 combined single limit for towtruck operators performing only private property impounds.

b. $300,000 combined single limit for towtruck operators performing only private property impounds.

3. Garage keeper’s liability, $50,000 for any one vehicle and $100,000 per occurrence.

4. $50,000 on-hook cargo liability coverage for each vehicle.

5. Worker’s Compensation as required by state law.

Board of County Commissioners of Palm Beach County
c/o Division of Consumer Affairs
50 South Military Trail, Suite 201
West Palm Beach, FL 33415

Evidence of the renewal of the policy shall be filed with the Division prior to such policy’s expiration date. Failure to file such evidence of insurance, or failure to have same in full force and effect, may result in denial of a permit, revocation or suspension of the permit, a denial of renewal of such permit, issuance of a civil citation, a misdemeanor conviction or other such remedies available to the Division herein.

1. Inspection by personnel authorized by the Division to ensure that the towtruck clearly displays the company name on the exterior of the driver and passenger sides in permanently affixed letters in contrasting colors at least three (3) inches high. The address, telephone number and operating permit number must be in at least one (1) inch permanently affixed letters in contrasting colors on the exterior driver and passenger sides.

2. Submission of an affidavit to the Division assuring that each towtruck is commercially manufactured and meets the specifications listed in Section 3 of this Ordinance and is in safe operating condition.

3. An application form prepared by the Division and completed by the towtruck company, which correctly indicates the year, make, model, vehicle identification number, and the State of Florida motor vehicle license plate number and the expiration date of the license plate of the towtruck. A copy of the State of Florida Vehicle Registration shall be provided for each vehicle to be registered/permitted with the Division.

4. Payment of a non-refundable decal fee established by resolution of the Commission and deposited and used in the same manner as other fees and charges under this Ordinance.

5. Inspection of the towtruck by personnel authorized by the Division to ensure that the towtruck meets the minimum towtruck safety and equipment standards. The minimum safety requirements for all towtrucks shall be:

a. Compliance with Section 3 of this Ordinance;

b. Vehicle and towing apparatus in safe operating condition pursuant to Chapter 316, F.S;

c. Tire conditions and tread;

d. Braking performance;

e. Lights – head, parking, rear, signal and flood;

f. Amber emergency lighting;

g. Fire extinguisher;

h. Safety Equipment – Flares, light reflective safety cones or red triangle highway warning reflectors; and

i. Flashlight.

Towtrucks used exclusively for Police Directed tows shall be required to also have the following:

a. “Oil Dry” or its equivalent; and

b. Equipment – crowbar/pryer, jumper cables, bolt cutters, 4-way lug wrench, extra tow chain, 5 gallon trash receptacle, fire axe, heavy duty push broom and shovel.

1. Within 5 business days of notification, the towtruck company shall contact the Division to schedule an appointment for inspection. Said inspection shall be completed within 20 business days after the towtruck company contacts the Division to schedule the inspection. If the towtruck company does not schedule the inspection within 5 business days of notification, then prior to inspection, an inspection late fee established by resolution of the Commission must be paid to the Division. Failure to schedule the appointment following initial notification by the Division within the five day time period shall result in the denial of the operating permit and a requirement that the operating permit application be resubmitted along with applicable non-refundable re-filing fees established by resolution of the Commission.

2. If the towtruck company cancels the inspection, a cancellation fee must be paid to the Division prior to inspection. Failure to reschedule the appointment within 11 business days of the initial notification by the Division or to complete said inspection within 20 business days after the appointment has been rescheduled, shall result in the denial of the operating permit and a requirement that prior to inspection, the operating permit application be resubmitted along with applicable non-refundable re-filing fees established by resolution of the Commission. The applicant shall only be permitted one opportunity to reschedule the required inspections.

1. Name of the towtruck company and of the towtruck operator physically providing the service;

2. Palm Beach County Decal number of the towing vehicle used to provide the service;

3. Name, address and telephone number of the person requesting the service, except as provided in Section 14.E. of this Ordinance;

4. Prior express instruction (signed and dated) of the real property owner provided in the presence of the towtruck driver recovering, towing or removing the vehicle/vessel except as provided in paragraph A. above.

5. Date and time the towtruck arrived at the location where the service is to be performed;

6. Location at which the service originated;

7. Destination to which the vehicle/vessel being provided the service is taken and the time of arrival at the destination;

8. Description of vehicle/vessel being provided the service, including make, model, year (if known), color, vehicle/vessel identification number (if visible) and license plate number, if any;

9. Description of services provided;

10. The total charges listed individually and specifically as well as the description of the services rendered;

11. When an “extra time at scene” charge is applied, the towtruck driver shall obtain and provide the name of the law enforcement agency, case number of the agency and badge number and name of the investigating law enforcement officer on the scene. A detailed explanation of the services rendered which necessitated the charges shall also be recorded and provided to the vehicle/vessel owner or representative upon demand.

12.The following disclosure in bold capitalized letters of at least 12-point type:

IF YOU HAVE QUESTIONS OR COMPLAINTS ABOUT NON-CONSENT TOWS UNABLE TO BE RESOLVED BY THE TOWING COMPANY MANAGEMENT, CONTACT THE PALM BEACH COUNTY CONSUMER AFFAIRS DIVISION, WEST PALM BEACH, FLORIDA. TELEPHONE: (561) 712-6600 OR BY INTERNET: www.pbcgov.com/consumer.

COMPANIES PERFORMING NON-CONSENT TOWS IN PALM BEACH COUNTY ARE REQUIRED TO ACCEPT ALL OF THE FOLLOWING FORMS OF PAYMENT:

1. CASH, MONEY ORDER OR VALID TRAVELER'S CHECK; AND

2. VALID BANK DEBIT/CREDIT CARD, WHICH SHALL INCLUDE, BUT NOT BE LIMITED TO, MASTERCARD OR VISA, THAT IS IN THE NAME OF THE VEHICLE/VESSEL OWNER OR AUTHORIZED DRIVER/AGENT; AND

3. VALID PERSONAL CHECK SHOWING ON ITS FACE THE NAME AND FLORIDA ADDRESS OF THE VEHICLE/VESSEL OWNER OR AUTHORIZED DRIVER/AGENT.

A. Police Directed Tow: Towtruck companies may for compensation recover, tow or remove a vehicle/vessel based upon a police directed tow without the prior express instruction of the vehicle/vessel owner or authorized driver upon the prior express instruction of a law enforcement agency and in accordance with the terms of any contracts or agreements between the towtruck company and a governmental entity and/or law enforcement agency.

B. Private Property Impound: Towtruck companies may for compensation recover, tow or remove a vehicle/vessel based upon a private property impound without the prior express instruction of the vehicle/vessel owner or authorized driver, upon the prior express instruction of a real property owner or his authorized agent on whose property the vehicle/vessel is disabled, abandoned or parked without authorization or whose vehicle/ vessel owner or authorized agent is unwilling or unable to remove the vehicle/vessel, provided that the requirements of this Ordinance are satisfied. The towtruck company recovering, towing or removing a vehicle/vessel shall, within thirty (30) minutes of completion of such towing or removal, notify the appropriate law enforcement agency in which jurisdiction the vehicle/vessel was parked of the nature of the service rendered, the name and address of the storage facility where the vehicle/vessel will be stored, the time the vehicle was secured to the towing vehicle, and the make, model, color and vehicle/vessel license plate number (if any). The towtruck company shall obtain the name of the person at the law enforcement agency to whom such information was reported and note that name on the trip record.

C. Except as otherwise provided in this Ordinance, every prior express instruction made in writing or in person shall indicate the date and time of the instruction and shall be signed by the law enforcement officer, or the real property owner/duly authorized agent in the presence of the towtruck company providing the service. The law enforcement officer or the real property owner/the duly authorized agent shall also print his/her full name.

D. Signing in the presence of the towtruck company/driver shall not be required for a prior express instruction made by the real property owner or authorized agent forwarded by facsimile transmission on a form provided by the Division. All other requirements of this Ordinance shall apply and the real property owner or duly authorized agent shall provide in the facsimile instruction the specific location (i.e., address, parking space, etc.), color of the vehicle, make and/or model of the vehicle (if visible) and either the license tag number or the vehicle identification number (if available) prior to the vehicle/vessel being towed. Such facsimile instruction shall include the real property owner’s or authorized agent’s signature and printed or typed full name and title, as well as an electronic confirmation or electronic stamp of the date and time the instruction was sent to the towtruck company. The towtruck company, in compliance with Section 12 of this Ordinance, shall maintain copies of facsimile instructions.

E. If specifically approved in the contract for service, signing in the presence of the towtruck company/driver shall not be required when a vehicle/vessel is parked and blocking public egress/ingress to the business/residential area. In such cases the towtruck company is required to photograph the car and its location prior to removal and said photograph shall conclusively shows that the vehicle is clearly in violation this sub-section. The photograph must include a date and time stamp.

F. No towtruck company/driver shall pay or rebate money, or solicit or offer the rebate of money, or other valuable consideration in order to obtain the privilege of rendering towing services. The only exceptions are:

1. Governmental franchise fees; and

2. Towtruck companies providing fax machines to facilitate the requirements of this section.

G. Except as otherwise provided in this Ordinance, no such prior express instruction shall be considered to have been given: 1) by the mere posting of signage as required by Section 15 of this Ordinance; 2) by virtue of the terms of any contract or agreement between a towtruck company and a real property owner; 3) when the prior express instruction occurs in advance of the actual unauthorized parking of the vehicle/vessel; or 4) where the prior express instruction is general in nature and unrelated to specific, individual and identifiable vehicles/vessels which are already parked without authorization.

H. Each towtruck company shall enter into a written contract with every owner of private property that authorizes the towtruck company to tow vehicles/vessels from its property. This written contract shall include the beginning date of said contract, the names and titles of all persons (i.e., owner, property manager, condominium president, etc.) who have the authority to appoint persons (i.e., security guard, night watchman, on-site manager, etc.) who can authorize prior express instruction to the towtruck company to remove, recover or tow any vehicle/vessel from its property. The written contract shall also include the name and current telephone number of the towtruck company performing the towing service. Any addendum to the contract shall include additional names and titles as necessary. No such contract shall state that the towtruck company assumes the liability for improperly towed vehicles/vessel, contrary to s. 715.07(4), F.S. The towtruck company must keep on file each contract and addendum (if applicable) with the property owner. Such contract shall be maintained for at least 12 months after termination. The Division and law enforcement officers may inspect and request a copy of any and all such contracts from the towtruck company during normal business hours. The towtruck company may not withhold production of the contract upon demand by the Division or law enforcement. Failure to enter into or keep on file a contract with the property owner shall be a violation of this Ordinance. All contracts which were entered into prior to the effective date of this Ordinance, shall accomplish the requirements of this subsection by entering into an addendum to the current contract within one year following the enactment of this Ordinance.

I. Towtruck companies may not enter into a written contract with the owner of private property that authorizes the towtruck company to tow vehicles/vessels from the real property owner’s property to the storage yard where the mileage restrictions have been exceeded contrary to s. 715.07 (2)(a)1, F.S., as may be amended from time to time.

J. Real property owners or authorized representatives shall not request the recovery, tow, or the removal of vehicles/vessels that are reasonably identifiable from markings or equipment as law enforcement, fire fighting, rescue squad, ambulance, or other emergency vehicles/vessels which are marked as such or to property owned by any governmental entity.

K. Any person who improperly causes a vehicle/vessel to be recovered, towed, removed or stored shall be liable to the vehicle owner or authorized representative for the costs of the services provided, any damages resulting from the recovery, towing, removal or storage and attorney's fees and court costs.

1. Notice shall be prominently posted on the real property from which the vehicle/vessel is proposed to be removed and shall fulfill the following requirements:

a. A light reflective sign shall be prominently placed at each driveway access/entrance or curb cut allowing vehicular access to the real property, within five (5) feet from the public right-of-way line. If there are no curbs or access barriers, signs shall be posted not less than one (1) sign each twenty-five (25) feet of lot frontage. The sign shall be permanently installed not less than three (3) feet and not more than six (6) feet above ground level and shall be continuously maintained on the real property for not less than twenty-four (24) hours prior to the towing or removal of any vehicle/vessel(s).

b. The light reflective sign shall clearly display in not less than 2-inch high letters on a contrasting background, the words: "UNAUTHORIZED VEHICLES/VESSELS WILL BE TOWED AWAY AT THE OWNER'S EXPENSE." The words "TOW-AWAY ZONE" must be included on the light reflective sign in not less than 4-inch high letters on a contrasting background;

c. The light reflective sign shall clearly indicate, in not less than 2-inch high letters on a contrasting background, the days of the week, and hours of the day during which vehicles/vessels will be towed away at the owner's expense; and the name and current telephone number of the towtruck company performing the towing service.

2. Light reflective signs must be maintained or replaced so that they are clearly visible, legible and light reflective at all times. The towing company is responsible for maintaining and replacing signs. In the event the towtruck company goes out of business or is no longer performing tow services for the real property owner, the real property owner is responsible for removal of signs. Failing to provide, maintain, replace and/or remove the signs in accordance with this section is a violation of this Ordinance.

3. Startup: All new private property towing contracts must comply with the light reflective sign requirements beginning 3 months after the effective date of this Ordinance. All other “Tow Away” signs for previously existing contracts must comply with these requirements, as signs are replaced, but no later than 5 years after enactment of this Ordinance.

4. The posting of notice requirements of this section shall not be required where:

a. The real property on which a vehicle/vessel is parked is property appurtenant to and obviously part of a single-family type residence;
or

b. Written notice is personally given to the vehicle/vessel owner or authorized driver/agent that the real property on which the vehicle/vessel is or will be parked is reserved or otherwise not available for unauthorized vehicles/vessels and is subject to being removed at the vehicle/vessel owner's expense.

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 storage facility is open for regular business.

1. Cash, money order or valid traveler's check; and

2. Valid bank debit/credit card, which shall include, but not be limited to, MasterCard or VISA, that is in the name of the vehicle/vessel owner or authorized driver/agent; and

3. Valid personal check showing on its face the name and Florida address of the vehicle/vessel owner or authorized driver/agent.

A towtruck company/driver shall not reject any of the above forms of payment. A vehicle/vessel owner or authorized driver/agent shall not be required to furnish more than one government issued (1) form of picture identification when payment is made by valid bank debit/credit card or personal check, and said presentation shall constitute sufficient identity verification.

1. Towing service per call, which shall include the first 30 minutes that the towtruck is actually on the scene engaged in the safe removal of a vehicle/vessel.

2. Mileage (per towed mile) according to Section 715.07, Florida Statutes.

3. Storage may be charged only after the vehicle has been in the storage facility for at least 6 hours. If the vehicle was not recovered by the vehicle/vessel owner or authorized driver/agent after the 6-hour time period has elapsed, then storage charges shall accrue in 24-hour increments from the time the vehicle/vessel arrived in the storage facility and:

a. The police agency has authorized the vehicle/vessel to be impounded, or

b. The appropriate police agency has been notified by the towtruck company that the towtruck company is in possession of a vehicle/vessel as a result of a private property impound.

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 police agency. The only exceptions to this rule are:

a. When the condition of the vehicle 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 require indoor storage for towed vehicles.

5. An Administrative/Lien Fee shall only be charged after the vehicle/vessel has been in the storage facility for at least 24 hours and:

a. The police agency has authorized the vehicle/vessel to be impounded, or

b. The police agency has been notified by the towtruck company that the towtruck company is in possession of a vehicle/vessel as a result of a private property impound.

6. The towtruck company must show proof that lien letter(s) have been prepared with the appropriate names/addresses (i.e., U.S. Mail Certification Number, correspondence copies, etc.).

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

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. Late-hour Gate fee may be applied between the hours of 8 p.m. and 8 a.m. when:

a. Impounded vehicles/vessels are recovered by the owner or authorized driver/agent; or

b. The owner or authorized driver/agent wishes to recover property from an impounded vehicle/vessel.

To The Vehicle/Vessel Owner
If you believe that you have been overcharged for the services rendered, you do not have to pay your bill to get your vehicle/vessel. Instead, you have the right to post a bond in the Circuit Court, payable to (name of Towtruck Company), in the amount of the final bill for services rendered, and to file a complaint within ten (10) days of the time you have knowledge of the location of the vehicle/vessel. The Court will decide later who is correct. If you show (name of Towtruck Company) a valid Clerk’s certificate showing you have posted a bond, (name of Towtruck Company) must release your vehicle/vessel to you immediately. This remedy is in addition to other legal remedies you may have. Section 713.76 and Section 713.78, Flor