CAO 99-06
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CITY OF MIAMI BEACH
OFFICE OF THE CITY ATTORNEY
M E M 0 RAN DUM C.M.O. No. 3-4/99
C.A.O. No. 99-6
To: SERGIO RODRIGUEZ
City Manager
Jacqueline Gonzalez
Director of Parking
Date:
April 28, 1999 ..l\..V
MURRAY H. DUBB~ t.\ V
City Attorney I V~
RObertDixon~
Deputy City Attorney
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From:
Subject:
Legal Opinion on Private Property Towing (Requirements)
Your office requested that the City Attorney Office provide a legal opinion at the
governmental regulation of private property towing; specifically as to whether government may
regulate the acceptance of methode s) of payment for private property tows.
Brief answer: Yes.
This subject was previously addressed in C.A.O. 96-006
Section 715.07, Florida Statutes, sets the minimum requirements for towing person(s)
firm(s) engaged in the business of towing from private property at the request of private property
owners. Additionally it authorizes counties and municipalities to enact regulations on the towing
entity; which would include the right to require the towing entity to accept various sources of
payment.
As C.A.O. 96-006 pointed out, the provisions set out in Article III of the Code of Miami-
Dade County, "Towing of Motor Vehicles", are exclusive regulations applicable to the recovery,
towing, removal and storage of vehicles in Miami-Dade County. However, the County Code
expressly provides that a municipality may adopt ordinances and regulations with respect to
private property tows, Section 30-478 Miami-Dade County Code.
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The City regulates and permits towing pursuant to Article VI Towing and Immobilization
of Vehicles, Sections 106-256 through 106-268 City of Miami Beach Code; the method of
payment for release of a towed vehicle is not presently addressed by the Code. However, the
explicit requirement of method of payment is presently controlled and regulated by the Contract
between the City and Tremont Towing and Beach Towing. The existing contract requires that
the towing entity accept two (2) forms of payment for the release of a vehicle. Both towing
entities accept cash and checks. However, ~hecks are only accepted upon presentation of a valid
vehicle registration in the payor's name and a valid drivers license which contains a picture
identification.
The City of Miami Beach, through its own ordinances and regulations, may promulgate
provisions to require the towing entity (and immobilization entity) to accept various methods of
payment for private property tows (or immobilization).
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