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RESOLUTION NO 2022-32206
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, APPROVING THE ISSUANCE OF
NEW TOWING PERMITS AND THE ACCOMPANYING
ADMINISTRATIVE RULES AND REGULATIONS FOR THE POLICE AND
PARKING DEPARTMENT TOWING PERMITS, TO (1) BEACH TOWING
SERVICES, INC. AND (2) TREMONT TOWING, INC., WITH SAID
PERMITS HAVING A THREE (3) YEAR TERM, EFFECTIVE AUGUST 1,
2022, WITH A RENEWAL OPTION FOR AN ADDITIONAL PERIOD OF
THREE (3) YEARS, SUBJECT TO THE PRIOR APPROVAL OF THE
MAYOR AND CITY COMMISSION.
WHEREAS, Chapter 106, Article V, Division 2 of the Miami Beach City Code,
provides for the issuance by the City Commission of towing permits for the towing of
vehicles identified by the City as requiring removal from the public way (the Police and
Parking Towing Permits, the"Towing Permits"); and
•
WHEREAS, on February 11, 2015, the Mayor and City Commission approved
Resolution No.2015-28918, issuing new Towing Permits to Permittees commencing on March
1, 2015, and expiring on February 28, 2018; and
WHEREAS, on February 14, 2018, the Mayor and City Commission approved
extending the towing permits for a period of one (1) year and directed the Administration to
work with the Permittees to improve service and tow yard enclosures and further referred the
item to the Neighborhood/Community Affairs Committee; and
WHEREAS, on or about December 2018, the City of Miami Beach Internal Auditor and
his staff undertook an audit of the City's two (2) towing permittees, and the Mayor and City
commission authorized a one (1) year extension of the permits with added requirements
through March 1, 2019; and
WHEREAS, in 2020, the Mayor and City Commission adopted Resolution No. 2020-
31147, urging the City's Inspector General (IG) to finalize audit reports on the towing
companies, and extending the current towing permits on a month-to month basis up to six(6)
months after expiration date; and
WHEREAS, since then, permits have been extended in three (3) to six (6) month
increments, with the last extension expiring on August 28, 2022; and
WHEREAS, the Permittees are the only two service providers which satisfy all the
requirements in the Miami Beach City Code and Administrative Rules and Regulations for
Police and Parking Towing Permits, including the requirement to provide vehicle storage
facilities within the City limits; and
•
WHEREAS,the removal of improperly parked and disabled vehicles is a necessary
tool for the_Police Department and Parking Department to properly manage traffic and
parking throughout the City.
• NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and
City Commission hereby approve the issuance of new towing permits and the accompanying
Administrative Rules and Regulations for the Police and Parking Department Towing .
Permits, to (1) Beach Towing Services, Inc. and (2)Tremont Towing, Inc.,with said permits
having a three(3)year term,effective August 1,2022,with a renewal option for an additional
period of three (3) years, subject to the prior approval of the Mayor and City Commission.
PASSED AND ADOPTED this 22nd day of June,2022
ATTEST:
Dan Gelber, Mayor
Rafa I E. Granado, City Clerk
:1fitORP ORA APPROVED AS TO
Y�,�y..• ; ~= FORM&LANGUAGE
'2G &FOR EXECUTION
~y1N1tN,,
' V — �Z
• City Attorney Date
CITY OF MIAMI BEACH
ADMINISTRATIVE RULES AND REGULATIONS
FOR
POLICE AND PARKING TOWING PERMITS
REVISED AS OF JUNE 2022
CITY OF MIAMI BEACH ADMINISTRATIVE RULES AND REGULATIONS FOR
POLICE AND PARKING TOWING PERMITS
Introduction
Pursuant to Chapter 106, Article V, Division 2, Section 106-212 of the Code of
the City of Miami Beach, Florida ("City Code"), and subject to City Commission
approval, the City Manager shall promulgate rules and regulations as may be necessary
to govern the discharge of towing and/or storage of vehicles identified by the City of
Miami Beach Police Department (hereinafter, "MBPD" or the "Police Department") or
City of Miami Beach Parking Department ("Parking Department") as requiring removal
from the public right of ways. Each applicant awarded a permit by the City Commission
to tow and/or store vehicles from the public right of ways, in accordance with Chapter
106, Article V, Division 2, Sections 106-211 through 106-222 of the City Code, shall
comply at all times with the rules and regulations hereinafter set forth, and as same may
be amended from time to time (the "Administrative Rules and Regulations"). An
applicant awarded a permit to tow and/or store vehicles (hereinafter, the "Permit")
pursuant to the aforestated City Code section shall hereinafter be referred to as a
"Permittee." However, the total number of permits granted under Chapter 106, Article V,
Division 2, Section 106-213 of the City Code shall not exceed two.
1. QUALIFICATIONS OF APPLICANT
Prior to the issuance of a Permit, pursuant to Chapter 106, Article V of the City
Code, an applicant shall be required to evidence, to the reasonable satisfaction of the
City Manager or designee, that it has the necessary facilities, equipment, skills,
personnel, and financial responsibility to furnish the work and services required under
the Permit. An applicant shall be required to evidence a record of satisfactory past
1
performance and, in support thereof, may be required to submit references and provide
such other documentation, as requested by the City Manager. Failure to qualify with any
or all of the following requirements shall be sufficient justification for the City Manager to
reject an application for a Permit (including rejection for renewal of a Permit).
2. COMPETENCY OF APPLICANTS
Permit applications shall only be considered from firms with proven experience
in a towing business which has an established and satisfactory record of performance,
and has available the required equipment, facilities, storage space, and personnel
sufficient to ensure that the business can satisfactorily execute the work/services
required.
An applicant must identify a facility which serves as its base of operations, and a
storage facility located within the limits of the City of Miami Beach ("City"), where
vehicles towed or impounded pursuant to the Permit shall be stored for the first 48
hours after being towed or impounded. The City Manager or designee reserves the right
to inspect an applicant's existing or proposed equipment, facilities, and storage facility
following submission of a Permit application.
Applicants must have all necessary licenses and permits, as required to operate
and provide the required work/services including, without limitation, a business tax
receipt issued by the City and any and all other applicable licenses and permits required
by the City, Miami-Dade County, and the State of Florida.
By submission of an application, the applicant shall declare, represent and certify
to the City that the only person or persons interested in the Permit is/are the principal or
principals named therein; that no person or persons (other than therein mentioned)
has/have any interest in the Permit; that the Permit is issued by the City without
2
connection to any person(s), company(ies) or party(ies) making the application; and that
it is in all respects fair, in good faith, and without collusion or fraud.
By the City Commission's award of the Permit, and acceptance of the Permit by
Permittee, Permittee thereby represents and warrants to the City that Permittee has
made itself familiar with all applicable Federal, State, Miami-Dade County, and City
laws, ordinances, and rules and regulations that may, in any way, affect and/or apply to
the work/services to be provided (and Permittee shall continue to make itself aware and
familiar with any subsequent updates in any such laws). Ignorance of the law on the
part of the Permittee will in no way relieve Permittee from any responsibility and/or
liability under the Permit.
3. PERMIT FEE/MONTHLY BILLING
Pursuant to Section 323.002, Florida Statutes, in addition to the maximum allowable
rates that may be charged by the Permittee under Section 22 herein, the City shall
charge a Permit Fee of $30.00 on the registered owner or other legally authorized
person in control of the vehicle (or vessel) that is towed ("Permit Fee"). The City hereby
appoints Permittee as its agent to impose and collect the Permit Fee on behalf of the
City. Permittee shall remit to the City any Permit Fee collected by the 20th of each
month, for all Permit Fees collected during the previous month. The Permit Fee shall not
be charged on residents that qualify for the Miami Beach Resident Rate pursuant to
Section 22 herein.
Payments to the City shall be made by check or credit card. Payments made by
check shall be remitted to the City of Miami Beach Finance Department (Revenue
Section). Checks shall be clearly marked "Police Tow" or"Parking Department Tow."
3
4. INDEMNIFICATION/HOLD HARMLESS AND INSURANCE REQUIREMENTS
Permittee shall be responsible for any work/services, and every part thereof, undertaken
pursuant to the Permit. For purposes of this Section 4, the term "Permittee" shall
include, without limitation, all Permittee's officers, directors, employees, agents,
contractors, and consultants, as well as any facilities, equipment, and property, of every
description, used in connection with the performance of the work/services required
under the Permit. As further consideration for the City's issuance of the Permit,
Permittee expressly assumes all risks of damage or injury to property or persons used
or employed by or used or retained by Permittee in connection with the work/services
under the Permit, and of all injury or damage to any person or property, wherever
located, resulting from any action or operation under the Permit, or in connection with
the work/services thereunder.
As separate and additional consideration for the City's issuance of the Permit, Permittee
shall indemnify, hold harmless and defend (with counsel approved by the City Attorney)
the City of Miami Beach, Florida, its officers, employees, agents, contractors, and
consultants, from and against any and all claims, liabilities, demands, causes of action,
costs and expenses (including reasonable attorneys' fees at trial and all levels of
appeal) of whatsoever kind or nature arising out of any error, omission, negligent act or
willful misconduct of Permittee, its officers, directors, employees, agents, contractors,
and consultants ("Claims"), whether directly or indirectly, from the provision of
work/services under the Permit; provided, however, that there is expressly excluded
from the foregoing obligations any Claims to the extent resulting from the gross
negligence or willful misconduct of the City, or to the extent the Claim arises out of
4
Permittee's release of an impounded rental vehicle to the person who rented the
vehicle, and not those persons specified by Section 713.78(10), Florida Statutes. The
indemnification provisions of this Section 4 shall survive expiration or revocation of the
Permit.
In addition to, and separate from, Permittee's obligation to indemnify and hold the
City harmless (as set forth in the preceding paragraphs), Permittee shall maintain the
following insurance coverage in full force and effect at all times throughout the Permit
term. The maintenance of proper insurance coverage is a material element of the
Permit and failure to maintain or renew coverage may be treated as a material breach of
the Permit, which could result in suspension or revocation of the Permit in accordance
with Section 106-220 of the City Code.
A. Worker's Compensation Insurance for all employees of the Permittee as
required by Florida Statute 440, and Employer Liability Insurance for bodily injury
or disease. Should the Permittee be exempt from this Statute, the Permittee and
each employee shall hold the City harmless from any injury incurred during
performance of the Permit. The exempt Permittee shall also submit (i) a written
statement detailing the number of employees and that they are not required to
carry Workers' Compensation Insurance and do not anticipate hiring any
additional employees during the term of this Permit or (ii) a copy of a Certificate
of Exemption.
B. Garage Keepers Legal Liability Insurance on an occurrence basis,
including products and completed operations, contractual liability, property
damage, bodily injury and personal & advertising injury for vehicles while in the
5
Permittee's care, custody and control with limits no less than $1,000,000 per
occurrence, and $2,000,000 general aggregate.
C. Automobile Liability Insurance covering any automobile, if Permittee has
no owned automobiles, then coverage for hired and non-owned automobiles,
with limit no less than $1,000,000 combined per accident for bodily injury and
property damage.
Additional Insured - City of Miami Beach must be included by endorsement as an
additional insured with respect to all liability policies (except Professional Liability and
Workers' Compensation) arising out of work or operations performed on behalf of the
Permittee including materials, parts, or equipment furnished in connection with such
work or operations and automobiles owned, leased, hired or borrowed in the form of an
endorsement to the Permittee's insurance.
Notice of Cancellation - Each insurance policy required above shall provide that
coverage shall not be cancelled, except with notice to the City of Miami Beach do
EXIGIS Insurance Compliance Services.
Waiver of Subrogation — Permittee agrees to obtain any endorsement that may be
necessary to affect the waiver of subrogation on the coverages required. However, this
provision applies regardless of whether the City has received a waiver of subrogation
endorsement from the insurer.
Acceptability of Insurers — Insurance must be placed with insurers with a current A.M.
Best rating of A:VII or higher. If not rated, exceptions may be made for members of the
Florida Insurance Funds (i.e. FWCIGA, FAJUA). Carriers may also be considered if
they are licensed and authorized to do insurance business in the State of Florida.
6 "—jk
Verification of Coverage — Permittee shall furnish the City with original certificates and
amendatory endorsements, or copies of the applicable insurance language, effecting
coverage required by this contract. All certificates and endorsements are to be received
and approved by the City prior to commencement of the Permit term, and/or prior to
commencement of any work and/or work/services under the Permit (whichever is
earlier). However, failure to obtain the required documents prior to commencement of
the Permit term, work and/or services as described above shall not waive the
Permittee's obligation to provide them. The City reserves the right to require complete,
certified copies of all required insurance policies, including endorsements, required by
these specifications, at any time.
CERTIFICATE HOLDER MUST READ:
CITY OF MIAMI BEACH
c/o EXIGIS Insurance Compliance Services
P.O. Box 4668 — ECM #35050
New York, NY 10163-4668
Kindly submit all certificates of insurance, endorsements, exemption letters to our
servicing agent, EXIGIS, at: Certificates-miamibeach(a�riskworks.com
Special Risks or Circumstances The City reserves the right to modify these
requirements, including limits, based on the nature of the risk, prior experience, insurer,
coverage, or other special circumstances.
Compliance with the foregoing requirements shall not relieve the Permittee of
his/her liability and obligation under this section or under any other section of this
agreement.
It is understood and agreed that all policies of insurance required hereunder
shall be primary to any insurance or self-insurance of the City.
7
Permittee will also be solely responsible for securing and maintaining policies for
any and all of its subcontractors, to the extent and in accordance with the same
insurance requirements as applies to Permittee pursuant to this Section 4.
Notwithstanding compliance by Permittee and its subcontractors with the
insurance requirements in this Section 4, Permittee shall be ultimately responsible and
liable for any negligent acts, errors or omissions, or willful misconduct, of its
subcontractor(s) (and of persons employed by such subcontractor(s)), to the extent that
Permittee would be responsible (for the negligent acts, errors and omissions, or willful
misconduct of persons employed and/or retained by Permittee) under the requirements
of this Section 4.
Should Permittee fail to provide proof of coverage for any insurance required in
this Section 4, within seven (7) days of receipt of written notice from the City Manager or
designee, the City reserves the right, upon written notice to Permittee, to suspend or
revoke the Permit, in accordance with Section 106-220 of the City Code, without liability
to the City.
5. AUTHORIZED STORAGE FACILITIES AND ON PREMISES OFFICE
Permittee must have an authorized storage facility within the limits of the City, of
which 31 spaces shall only be used by Permittee to store vehicles towed or impounded
pursuant to the Permit. Vehicles must be stored at Permittee's authorized storage
facility for a minimum of 48 hours, after which they may be moved to a storage facility
outside the limits of the City, but within Miami-Dade County, Florida.
Permittee shall not store any vehicle with a "police hold" placed on it by the
Police Department outside the limits of the City.
A. Authorized Storage Facilities
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Permittee's authorized storage facility shall have available outside storage for a
minimum of thirty-one (31) vehicles, but no more than 'a maximum of one hundred (100)
vehicles. Said authorized storage facility will be enclosed in accordance with applicable
City zoning requirements. At a minimum, Permittee shall surround the authorized
storage facility with a chain-link fence or solid-wall type fence at least six (6') feet high.
The authorized storage facility shall be sufficiently illuminated to reveal persons and
vehicles at a distance of at least 150 feet during evening hours. Permittee shall use
such security measures as it deems necessary, to prevent theft, vandalism, stripping,
and dismantling of parts from stored vehicles.
Permittee's authorized storage facility shall provide a completely enclosed
(interior) storage area (solid walls, roof, and access door), which must accommodate a
minimum of five (5) automobiles. The enclosed (interior) storage area shall be
appropriately and adequately secured against entry by unauthorized persons.
In the event Permittee's authorized storage facility is filled to capacity, the
Permittee shall notify the Police Department and Parking Department, and,
notwithstanding Section 106-218 of the City Code and Section 13 herein, such
departments shall have the option, at their sole discretion, to use the services of another
Permittee until such time as Permittee notifies the departments that its authorized
storage facility is no longer filled to capacity. Permittee, at its sole cost and
responsibility, shall be required to make arrangements for storage, as required to
comply with the terms of the Permit. Any storage facility proposed to be utilized by
Permittee (not identified in the Permit) must obtain the prior written approval of the City
Manager or designee prior to commencement of such use.
9 -sk
Permittee may not charge an additional towing fee for removal of a vehicle for
storage outside the limits of the City. An owner (or other authorized individual) claiming
a vehicle stored outside the limits of the City shall be given the option, without charge,
of either free transportation to the vehicle, or having the vehicle returned to the
Permittee's authorized storage facility.
Permittee may not store or park towed vehicles in any municipal parking space or
facility without express written authorization from the City Manager or designee. No
storage charges shall be assessed for any vehicle which, pursuant to authorization of
the City Manager or designee, is stored at a City facility.
B. On Premises Office
In addition to the authorized storage facility, the Permittee shall have a
permanent on-premises office, which shall be staffed on a 24-hour basis by at least one
(1) employee. Permittee shall also provide on-premises security in the form of one or
more of the following: night dispatcher or watchman; security guard service; security
dog; or security cameras.
Permittee must post a City-approved sign at its on-premises facility indicating
charges (as shall have been approved by the City). This sign must include a statement
about the accepted methods of payment and the number and kinds of identification
required. At a minimum, the sign must be in one-inch (1") lettering, with contrasting
background, permanently and prominently posted in the area where the charges are
paid to Permittee.
All areas accessible to the public must be well lighted, with provisions to
accommodate seating for members of the public retrieving vehicles. After 11 p.m.,
Permittee shall be prohibited from utilizing or maintaining any sort of public
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announcement (PA) system from its premises, (so as to eliminate and/or reduce
amplified and other noise to the surrounding neighborhood that occurs after 11:00 p.m.).
Additional Conditions for Permittee's Authorized Storage Facility and On
Premises Facility:
1. Storage and/or parking of vehicles must be fully screened from view, as
seen from any right-of-way or adjoining property, when viewed from five feet six
inches (5'6") above grade, with landscaping, an opaque wood fence, masonry
wall, or other opaque screening device not less than six feet (6') in height.
2. Parking spaces, backup areas, and drives shall be appropriately
dimensioned for the type of vehicles being parked or stored.
3. The City shall retain the right to modify the Permit and the conditions of
operation should there be complaints about loud, excessive, unnecessary, or
unusual late-night noise that occurs after 11:00 p.m.
4. The Permittee shall be responsible for maintaining the immediate areas
adjacent to its on-premises facility and storage facility including, without
limitation, the adjacent sidewalks, curbs, and gutters, in a clean and sanitary
manner, free of refuse, at all times during its hours of operation.
5. Permittee shall be required to satisfy the landscaping requirements of
Section 126-6(2) of the City Code (Palms as street trees: Single trunk palm
species with a minimum of ten inches diameter at breast height (DBH) and a
minimum of 15 feet of clear or grey wood at time of planting may be planted in
addition to the required number of street trees. The maximum spacing of palms
as street trees shall be 20 feet on center. Palms shall not count towards the
required number of street trees. The City may require an increase in the
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maximum spacing due to site-specific constraints, such as, but not limited to,
visibility triangles, signage, utilities view corridors, or the use of large canopy or
diameter trees).
6. A plan for a recurring maintenance schedule that includes, but is not limited
to, cleaning Permittee's authorized storage facility, clipping of hedge material,
removing and replacement of dead plant material, fertilization and irrigation, shall
be submitted to the City Manager or designee, within five (5) business days from
the commencement of the Permit Term, for the Manager (or his/her designee's)
review and approval.
7. The lighting in Permittee's on-site facility and authorized storage facility must
satisfy the City Code and the Florida Building Codes. The light from light poles
shall be contained on-site. Any light poles shall not exceed fifteen feet (15') in
height, measured from grade.
8. Permittee shall be responsible for operating its on-premises facility and
authorized storage facility in an orderly, clean and quiet manner so that neighboring
residents are not disturbed during the hours of operation. At a minimum, this shall
include removing all trash from the lot not less than twice daily. The sounding of
car alarms, automobile horns, playing of radios or any kind of audio system, and
screeching of tires shall be prohibited. A sign addressing City Code provisions
regarding car alarms, and a sign prohibiting the screeching of tires and sounding of
horns, shall be posted on-site so they are plainly visible by, and legible to, users of
the facility.
9. Violations of the City's Noise Ordinance (as codified in Article IV, Sections
4
46-151 through 46-162, and as same may be amended from time to time) may
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also be deemed a failure to comply under the terms of the Permit. Accordingly, in
the event of such non-compliance, only if established by final adjudication of the
City's Special Magistrate (including all appeals), the Permit may be suspended or
revoked in accordance with Section 106-220 of the City Code.
6. TOWS WITH POLICE HOLD
Unless otherwise requested, vehicles towed or impounded upon which the Police
Department has placed a hold, shall be transported directly to Police Department
headquarters at 1100 Washington Avenue, Miami Beach, Florida 33139 or to the Police
Department's off-site facility at 6700 NW 36th Avenue, Miami, Florida 33147
(collectively, the "Police Storage Facility"). Once the Police Department authorizes the
release of a vehicle with a police hold, the Police Department may (i) notify Permittee to
pick up the vehicle and move it to Permittee's authorized storage facility, or (ii) advise
the owner that the hold has been released and to pay the towing and storage fees
incurred by Permittee prior to retrieving the vehicle from the Police Department's facility.
The Police Department will not release the vehicle unless the owner presents proof of
payment of the towing and storage charges incurred by the Permittee as required by
Section 323.001(2)(a), Florida Statutes, and the terms of these Administrative Rules
and Regulations. If the Police Department releases a vehicle without obtaining the
required proof of payment from the owner, the Police Department must pay to the
Permittee the towing and storage charges incurred by the Permittee within 60 days after
the vehicle is released. The Police Department shall notify the Permittee, in writing, of
the release of a vehicle within five (5) days of the vehicle being released.
In the event a vehicle with a hold cannot be stored at Police headquarters or the
Police Department's off-site facility, a police Property & Evidence Unit supervisor or
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designee may request that it be stored at Permittee's authorized storage area, within
the City limits. The vehicle owner is responsible for retrieving the vehicle from the
Permittee's tow yard or facility.
Said vehicles shall be stored for a period of up to five (5) working days, excluding
Saturday, Sunday and Holidays, at no charge for the first five (5) working days. If, after
expiration of the five (5) working days, the vehicle requires a police hold for a longer
period of time, the Police Department may direct Permittee, in writing, to remove the
vehicle to a City facility, without charge to the City. In the alternative, the notice may
request that Permittee continue to store the vehicle at Permittee's storage facility. If the
Police Department's notice elects to have the vehicle remain at Permittee's storage
facility, the Police Department shall be responsible for any storage charges incurred
after the initial five (5)working days.
If the Permittee does not receive such written notification from the Police
Department, within the time period provided above, the Permittee may release the
vehicle to the registered owner or lien holder; provided, however, that the Permittee
shall provide the Police Department with written notice of Permittee's intent to release,
prior to the actual release date. (See also Section 323.001(2), Florida Statutes). The
vehicle owner or lienholder shall be responsible to pay the Permittee the towing and
storage charges at the appropriate resident/non-resident established rate.
In cases where the Police Department places a hold on a vehicle pursuant to a
violation of Chapter 106, Article IX, Sections 106-391 through 106-395 of the City Code
(the City's Vehicle Impoundment Ordinance), Permittee shall release the vehicle without
charge to the vehicle owner or lienholder, or agent of either, if so ordered by the City's
Special Magistrate, and the Police Department shall pay the accrued towing, at the
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discounted City of Miami Beach rate of$185 and storage charges to Permittee within 60
days after the vehicle is released.
The Police Department shall notify Permittee, in writing, when a hold on a vehicle
has been released. If such vehicle is stored at the Police Storage Facility, the Police
Department shall coordinate with Permittee a date and time when Permittee can pick up
the vehicle and move it to Permittee's storage facility. The Police Department shall not
be responsible for the cost of moving a vehicle with a hold (active or released) from one
location to another. All costs for moving a vehicle from one location to another, at the
request of the Police Department, shall be borne solely by the vehicle owner or
lienholder at the applicable'rates under Section 22 herein, unless the Police Chief or
designee notifies Permittee, in writing, that the vehicle owner was a crime victim or
witness to a crime, in which case, the provisions of Section 22(C)(7) shall apply.
The Permittee shall not divulge any information with respect to a towed or
impounded vehicle when such vehicle has a Police Hold. Anyone wishing to obtain
information on a vehicle with a police hold shall be referred to the Police Department
7. STORAGE PROCEDURES FOR VEHICLES
The Permittee shall store towed or impounded vehicles in its outside storage
area unless specific written instructions are given for inside storage by the impounding
City Police Officer or City Parking Enforcement Specialist.
8. LOCATION CHANGES OF IMPOUNDED VEHICLES
Permittee shall not change the type of storage (inside or outside) or storage
location, except as provided in Section 5 herein, without the prior written approval of the
City Manager or designee.
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9. ATTENDANT ON DUTY
The Permittee shall have sufficient attendants available, on a 24-hour, 7-days a
week basis, for immediate response to calls for service from the City. Permittee shall
have sufficient personnel available to staff its on-premises facility, on a 24-hour, 7-days
a week basis, for the purpose of dispatching calls and releasing towed vehicles.
10. VEHICLE LOADING
All vehicle loading shall only be conducted within Permittee's premises. The use
of a forklift or similar device shall be strictly prohibited on any City right-of-way.
11. EQUIPMENT
Permittee shall be solely responsible for operating and maintaining any and all
equipment, as required to satisfactorily perform the work/services required under the
Permit. All equipment shall be maintained in a state of readiness for response. In the
event that Permittee utilizes any equipment not owned by it, the City shall require that
Permittee demonstrate, to the City Manager or designee's satisfaction, that it has the
primary use and control of such equipment throughout the Permit term (whether by
providing proof of an equipment lease, or other legally binding contract evidencing use
and control of any required equipment). Any equipment not owned by Permittee must
be made available to Permittee on a first priority basis.
At a minimum, Permittee shall maintain and have available during the Permit
term the following type(s) of equipment:
A. WRECKERS (TOW TRUCKS)
All wreckers will be registered and shall have appropriate licenses to
operate as wreckers. Permittee's towing license number shall be displayed on the front
of the vehicle in letters at least three (3") inches high. Permittee's company name shall
16
be displayed on the driver and passenger side of the vehicle in letters at least three (3")
inches high. The company's address and telephone number shall be displayed on the
driver and passenger side of the vehicle in letters at least one (1") inch high.
B. WRECKER CLASSIFICATION AND REQUIRED EQUIPMENT
If Permittee owns or leases any of the following wreckers, such wreckers
shall meet the following minimum ratings:
(1) Class "A" Wrecker:
a) A truck chassis with a manufacturer's rated capacity of at least
10,000 pounds gross vehicle weight. A complete, commercially
manufactured boom and winch(es) having a manufacturer's
combined rating of at least 4 tons must be mounted on the
chassis. Hand crank winches do not satisfy these requirements
and will not be approved.
b) A minimum of one hundred feet of 3/8-inch cable.
c) Dollies.
d) Flood lights on the hoist.
e) Vehicles which are equipped with wheel lifts or the equivalent
may also qualify as Class A tow.trucks so long as they are
equipped with a boom and all other applicable requirements are
met. Wheel lifts shall be rated at a minimum of 3,000 lbs. lift
capacity and must utilize wheel safety straps when lifting
vehicles by the wheels only.
f) Operators who wish to remove cars and light trucks may have,
in addition, a roll-back or slide-back carrier truck/trailer with
specifications and equipment as provided in sectionu (2) below
of this rule.
g) HSMV Form 60308 shall be used by the Division for the
inspection of Class "A" wreckers.
(2) Class "A" Roll-Back or Slide-Back Wrecker.
a) A truck chassis with a manufacturer's rated capacity of at least
10,000 pounds gross vehicle weight with a minimum of a
sixteen (16) foot bed, dual rear wheels and a winch with at least
8,000 pound capacity.
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b) A minimum of 50 feet of 3/8-inch cable.
c) A minimum of two safety tie-down chains of at least ten (10) feet
each in length.
d) Two spot (flood) lights mounted on the rear of the carrier.
e) A roll-back or slide-back carrier trailer shall meet the following
requirements:
• A commercially manufactured carrier trailer with a rated
capacity of at least 8,000 pounds gross vehicle weight
with a minimum sixteen (16) foot bed. A winch with at
least 8,000 pound capacity.
• A minimum of 50 feet of 3/8 inch cable.
• Brakes and trailer lights which meet the minimum
statutory requirements of Florida law.
• Safety chains.
• Must be towed by and used in conjunction with an
approved wrecker that meets or exceeds the class of the
vehicle to be towed.
f) HSMV Form 60305 shall be used by the Division for the
inspection of roll-back and slide-back carriers.
(3) Class "B" Wrecker:
a) A truck chassis with a manufacturer's rated capacity of at least
20,000 pounds gross vehicle weight. A complete, twin-winch,
commercially manufactured boom and winches having a
manufacturer's combined rating of at least ten (10) ton capacity
mounted on the chassis. Class B wreckers that were previously
approved at 15,000 pounds gross vehicle weight may continue
in use within this class, even if sold to another approved rotation
operator.
b) A minimum of one hundred feet of at least 1/2-inch cable on
each drum.
c) One set of scotch blocks for wheels or hydraulic rear-extendable
scotch blocks.
d) Flood lights on the hoist.
e) HSMV Form 60307 shall be used by the Division for the
inspection of Class "B" wreckers.
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(5) Class "C" Wrecker:
a) A truck chassis with a manufacturer's rated capacity of at least
30,000 pounds gross vehicle weight and 50,000 pounds gross
vehicle weight for tandem axle trucks. A complete, twin-winch,
commercially manufactured boom and winches having a
manufacturer's combined rating of at least 25 ton capacity
mounted on the chassis.
b) A minimum of two hundred feet of at least 5/8-inch cable on
each drum.
c) Air brakes so constructed as to lock the rear wheels
automatically upon failure.
d) External air hookup and hoses, to supply air to disabled
vehicles.
e) One set of scotch blocks for wheels or hydraulic rear-extendable
scotch blocks.
f) Flood lights on the hoist.
g) HSMV Form 60306 shall be used by the Division for the
inspection of Class "C"wreckers.
C. ALL WRECKERS (ALL CLASSIFICATIONS) SHALL INCLUDE THE
FOLLOWING:
1. A cradle, tow plate or tow sling to pick up vehicles. The cradle, tow
plate or tow sling shall be equipped with safety chains and constructed
in such a manner that it will not damage the vehicle to be towed.
2. Dual rear wheels.
3. Clearance and marker lights and all other equipment as required by
Chapter 316, F.S.
4. A rotor beam or strobe-type light, amber in color, mounted on the
wrecker in such a manner that it can be seen from the front, rear, and
both sides.
5. The name, address and telephone number of the wrecker operator for
the zone in which the operator is qualified must be painted or
permanently affixed in a conspicuous place on both sides of the trucks
as required by Section 713.78(6), F.S. A unit number shall be painted
on both sides of the cab of each wrecker. The same unit number on
two or more wreckers qualified to tow within a zone is prohibited.
Multiple addresses and telephone numbers are prohibited.
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a) The name must be in letters at least three(3) inches in height.
b) The zone address and telephone number must be at least one
(1) inch in height.
c) The unit number must be at least three (3) inches in height and
in contrasting color.
d) Magnetic or removal signs or placards will not meet these
requirements.
6. At least one heavy duty push broom with a minimum width of twenty-
four (24) inches.
7. One square shovel.
8. One ax.
9. One crowbar or prybar with a minimum length of thirty (30) inches.
10.Minimum of one (1) five pound CO2 or dry chemical fire extinguisher or
equivalent. Must be approved type and have a current inspection tag
attached.
11.One pair of bolt cutters with a minimum opening of 1/2 inch.
12.One set of jumper cables.
13.One four-way lug wrench.
14.One flashlight.
15.Five thirty minute fuses.
16.One snatch block for each winch with manufacturer's rating to match
winch.
17.Extra towing chain six to eight feet in length with hooks.
18.At least three (3) safety cones or triangle reflectors. •
19.Fifty pounds of sand or equivalent.
D. COMMUNICATIONS SYSTEM
/'
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Permittee shall, at its sole cost and expense, provide its own two-way
radio communications system. The communications system shall be between the
Permittee's base station and service trucks utilized in providing work/services under the
Permit. The Parking Department shall provide Permittee with a radio to communicate
with Permittee.
E. GPS VEHICLE TRACKING SYSTEM
Permittee shall, at its sole cost and expense, and prior to commencement
of the Permit term, procure, install, and implement a GPS vehicle tracking system on all
of its vehicles that provide towing services to the City, which will be accessible to the
City for monitoring purposes only, in accordance with the following procedures:
(a) Permittee shall implement the use of a GPS tracking system. The
specifications of the system shall be submitted to the City for approval;
(b) Prior to the commencement of work/services under the Permit,
Permittee shall have the approved GPS tracking system installed and
operational in all vehicles that provide towing services to the City. Non-
compliance with this requirement may be grounds for suspension or
revocation of the Permit in accordance with Section 106-220 of the City
Code;
(c) Notwithstanding anything to the contrary contained herein,
Permittee specifically acknowledges and agrees that Permittee must have
the GPS turned on at all times on all vehicles utilized to respond to City
requests for tows.
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12. EMPLOYEES OF PERMITTEE
Permittee shall be solely responsible for the means and methods for selecting,
training, directing, instructing, disciplining, hiring and firing of its employees and/or
contractors provided that at all times during the Permit term. Permittee shall be solely
responsible for ensuring that it shall have sufficient, and qualified, trained personnel to
fulfil its obligations under the terms of the Permit, so as to satisfactorily perform the
work/services required under such Permit.
a. Permittee shall perform driver license screening on all employees with
driving responsibilities at the beginning of each permit year and upon the hiring of new
drivers. A copy of each employee driver's license and screening report shall be kept on
file by Permittee and provided to the City at the beginning of each permit year and upon
the hiring of a new driver, unless prohibited by law.
b. Permittee shall be required to provide all employees with uniforms, which
shall be subject to the prior written approval by the City Manager or designee.
c. Permittee shall perform drug test screening on all employees at the
beginning of each contract year and upon the hiring of a new employee, as well as at
the request of the City Manager, and shall provide pass/fail results to the City Manager
or designee, unless prohibited by law.
Any and all employees and/or other individuals retained by Permittee, shall not,
for any purposes, be considered to be employees of the City, and Permittee shall be
solely responsible for their supervision and daily direction and control.
It is the intent of the City and Permittee, and Permittee specifically recognizes
and acknowledges, that the Permittee is legally considered to be an independent
contractor and that neither it, nor its officers, directors, employees, agents, contractors
22
or consultants, shall, under any circumstances, be considered officers, directors,
employees, contractors, agents or consultants of the City, and that the City shall at no
time be legally responsible or liable for any negligent acts, errors, omissions, or
misconduct on the part of Permittee, or any of its officers, directors, employees,
contractors, agents or consultants. Additionally, Permittee agrees to have no markings
on either its vehicles, buildings, equipment, or correspondence that indicates or implies
any official relationship between the Permittee and the City.
13. REQUESTS, FOR TOW SERVICE
All requests for tows by the City shall be made through its Police Department or
Parking Department. The dispatching unit of the Police Department or Parking
Department will assign tows to Permittees on a rotating basis, alternating every tow.
The Police Department or Parking Department reserves the right to cancel a
request for Permittee's services on a particular tow, at any time, up to the time of hook-
up of the vehicle. Permittee acknowledges and agrees that the mere response to a
Police Department or Parking Department service call, without other action, shall not
constitute a service for which charges are applicable.
Except in situations where the Police Department places a hold on a vehicle or a
vehicle has an "impoundment order" pursuant to Sec. 30-389.4(d) of the Code of Miami-
Dade County, Florida, if the vehicle owner of the vehicle (or other authorized person, as
defined herein) or lienholder arrives at the scene of the tow prior to the towing or
impoundment of the vehicle, the vehicle shall be disconnected from the wrecker, and
the vehicle owner or lienholder shall be allowed to remove the vehicle, without charge,
interference or obstruction from the Permittee (See also Section 24 herein). For
23
purposes of this Section, the term authorized person shall include any person who rents
a vehicle and can provide evidence of custody via a valid rental agreement.
In those situations where the immediate removal of a legally parked vehicle is
necessary in the interest of public safety including, without limitation, due to a fire,
storm, flood, other act of God, riot, civil disturbance, or a crime scene, upon prior written
authorization of the Police Department, the Permittee shall remove the vehicle to the
nearest public parking area (where parking is available), at no cost to the City (or to the
vehicle owner or lienholder). A legally parked vehicle towed pursuant to this provision
shall be treated and count as an Emergency Tow under Section 20 herein. For
purposes of this Section 13, the term "authorized representative" shall include any
person(s) who rented a vehicle and can provide evidence of custody through a valid
rental agreement. For purposes of the Section 13, the term "valid rental agreement"
shall mean a rental agreement which on its face shows that the due date for the return
of the rental vehicle has not yet expired.
If, at the option of the Police Officer or Parking Enforcement Specialist at the
scene of a tow, the vehicle requires special weather protection, it will be so noted on the
vehicle storage receipt, and the Permittee shall be required to store such vehicle
indoors.
If a request for a tow involves the removal of a vehicle (or vessel) which is
located underwater, the Permittee shall provide underwater divers to handle the hook-
up of such vehicle (or vessel). Underwater recovery salvage divers must be SCUBA
certified. The cost associated with any underwater recovery salvage shall be consistent
with those underwater recovery fees as set forth within Section 22 herein. Should the
4
Permittee not offer this type of recovery service, the City then authorizes the Permittee
24
to subcontract said service and to charge the owner or lienholder of the vehicle or
vessel the actual cost the subcontractor charged the Permittee for the service.
14. DELAYS
Permittee shall respond to requests for tows within twenty (20) minutes of receipt
of the request. In the event that Permittee cannot respond within twenty (20) minutes, it
shall notify the Police Department or Parking Department, as applicable, of the
estimated time of delay and the reasons thereof, and the Police Department or Parking
Department shall have the option, at its sole discretion, to cancel the request and
contact another Permittee, without cost or any liability to the Permittee to which the
initial request for tow was directed.
15. REMOVAL OF HAZARDS
Upon arrival at the scene of a tow, Permittee's wrecker operator shall promptly
remove any hazards or debris from the public right of way prior to proceeding to tow or
impound the vehicle. In the event Permittee is requested to provide clean-up services
only (and not tow or impound a vehicle), the vehicle storage receipt issued by the Police
Department to Permittee shall be noted "Clean-Up Service Only." A call for Clean-Up
Service Only shall be treated and count as an Emergency Tow under Section 20 herein.
16. IMPROPER TOWS
A Police supervisor or Parking Enforcement supervisor may request Permittee's
tow truck operator to release a vehicle that has been engaged (but not removed from
the scene of the tow) should the impoundment of the vehicle be deemed improper by
such supervisor. The release of the vehicle shall be authorized in writing by such
25
supervisor by signing in the indicated section of the tow slip. The supervisor's decision
shall be final, and the tow truck operator shall proceed and comply with the release.
Any vehicle towed or impounded by Permittee, and subsequently ordered to be
released by the Police Department or Parking Department because the vehicle was
improperly towed or impounded shall be released to the vehicle owner without charge,
and the Police Department or Parking Department, shall pay Permittee the City of Miami
Beach rate of $185 for such tow (plus applicable storage fees and administrative fees
in connection with Section 713.78, Florida Statutes, or as provided for in this permit).
Any order by the Police Department or Parking Department to release a vehicle under
this Section 16 shall be in writing. In instances where a vehicle has been improperly
towed and such vehicle belongs to a disabled operator, Permittee shall deliver said
vehicle to the original scene of the tow or to such other location within the City (as
directed by the City) and the City shall pay Permittee the City of Miami Beach rate of
$185, or as provided for in this permit).
17. IMPOUND REPORTS/OWNER NOTIFICATION
When the City requests that a vehicle be towed, the City and Permittee shall
comply with Section 713.78, Florida Statutes (attached hereto).
18. VIEWING OF IMPOUNDED VEHICLES
The City interprets Section 713.78(10), Florida Statutes, to establish that
Permittee is minimally required to permit vehicle or vessel owners, lienholders,
insurance company representatives, or their agents to inspect an impounded vehicle or
vessel and to remove all personal property not affixed to the vehicle or vessel which
was in the vehicle or vessel at the time the vehicle or vessel came into the custody of
the Permittee, but not to prohibit Permittee from permitting a person who rented a rental
26
vehicle to inspect an impounded rental vehicle and removing all personal property not
affixed to the vehicle which was in the vehicle at the time the vehicle came into the
custody of the Permittee. Therefore, the City directs Permittee to permit a person who
rented an impounded rental vehicle to inspect such vehicle and to remove all personal
property not affixed to the vehicle which was in the vehicle at the time the vehicle came
into the custody of the Permittee.
19. VEHICLE RELEASES
In accordance with Section 713.78(10), Florida Statutes, Permittee shall release
an impounded vehicle to the owner, lienholder or agent of either upon payment of the
appropriate fee(s), and no later than thirty (30) minutes from receipt of such payment.
The City interprets Section 713.78(10), Florida Statutes, to establish that Permittee is
minimally required to release an impounded vehicle to the owner, lienholder, or agent
of either, but not to prohibit Permittee from releasing a rental vehicle to the person who
rented the vehicle. Therefore, the City directs Permittee to release an impounded rental
vehicle to the person who rented the vehicle upon verification of a valid rental
agreement and valid photo identification matching the name on said rental agreement
and upon payment of the appropriate fee(s), and no later than thirty (30) minutes from
receipt of such payment. The Permittee shall not release any vehicle that has an active
"police hold".
A person who makes application for the release of an impounded vehicle shall be
required to produce proof that they are either (i) the owner, lienholder, or agent of either,
or (ii) in the case of a rental vehicle, the person who rented the vehicle. For an owner,
sufficient proof may be demonstrated by presentation of the vehicle title or registration
and valid photo identification which matches the name on the vehicle title or registration.
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For an agent of either the owner or lienholder, the agent must present an original writing
acknowledged by the owner or lienholder before a notary public or other person
empowered by law to administer oaths, that the agent is authorized to redeem the
vehicle and valid photo identification which matches the name in the original writing. For
a person who rented a rental vehicle, sufficient proof may be established by a valid
rental agreement and valid photo identification of the person seeking release of the
vehicle (which matches the name on the rental agreement). For purposes of the Section
19, the term "valid rental agreement" shall mean a rental agreement which on its face
shows that the due date for the return of the rental vehicle has not yet expired.
A photocopy of the documentation and of the photo ID used for the vehicle
release shall be attached to the copy of the vehicle storage receipt. Such copies shall
be clearly legible/identifiable.
Notwithstanding the preceding, or any other term or condition of the Permit,
Permittee shall be solely responsible for whatever means and methods, as it deems
necessary to ensure and ascertain that a vehicle has been released to the registered
owner or a duly authorized representative of the owner and the City shall have no
liability, whether to Permittee, the vehicle owner, or any other third parties, as a result of
an improper or erroneous release of a vehicle by Permittee, except in the event of an
improper or erroneous release to a person who rented a rental vehicle, provided the
Permittee followed the verification requirements as established in the Permit.
All vehicles that have not been claimed shall be disposed of according to
applicable law. Permittee will be required, within three (3) days after a sale or, if a title
is surrendered for payment, to submit to the City a detailed listing of the vehicle
identification number, tow receipt number, police case number (if applicable), year,
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make, model of vehicle, monies received, and the purchaser's name, address and local
telephone number.
In the event that a vehicle is "junked," Permittee shall provide the. City with a
copy of the certificate of destruction (as required by State law). This copy shall be
attached to the copy of the vehicle storage receipt. In the release section of the vehicle
storage receipt, information shall be recorded as to the name, address, and local
telephone number of the person or company that takes possession.
In cases where the registered.owner of the vehicle relinquishes all claims to the
vehicle and transfers ownership of the vehicle to Permittee, Permittee shall not charge a
fee for services rendered.
Permittee shall notify the City Manager or designee of all abandoned/ unclaimed
vehicles prior to such vehicles being slated for auction. All vehicles slated for auction
must first be approved in writing by the City Manager or designee. The City shall have
the right to bid on such vehicles and may obtain title upon payment of towing and
storage charges, and costs of the sale, provided there are no other bidders. The City
Manager shall designate an MBPD representative to track the vehicle auctions and
make the appropriate bidding on behalf of the City.
20. EMERGENCY TOWING OF CITY VEHICLES
Permittee shall provide emergency towing services for City vehicles at no charge
to the City, for a maximum of sixty-five (65) vehicles per year (each an "Emergency
Tow"), upon written request from the Police Department, Parking Department, the City
Manager and/or designee. Each Permittee shall provide such services for one month at
a time, on a rotating basis with the other Permittee. This service is designed to remove,
and secure vehicles owned or leased by the City which become disabled, crime or
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witness vehicles, and legally parked vehicles which require relocation for public safety
reasons. (See also Section 13 herein). This emergency towing service shall not be used
for jump starts or door openings (a/k/a "lockouts") outside the limits of the City. Such
emergency towing services are limited to Miami-Dade County and Broward County.
After meeting the annual maximum of sixty-five (65) Emergency Tows, the City shall
pay Permittee $50.00 dollars per tow in Miami-Dade County, and $100.00 per tow in
Broward County, for any additional Emergency Tows. Permittee shall submit all bills
pursuant to this Section 20 to the Police Department or Parking Department. The Police
Department or Parking Department shall pay Permittee within thirty (30) days of
Permittee billing the Police Department or Parking Department.
Permittee may receive requests for emergency towing of City vehicles from the
Police Department, Parking Department, the City Manager and/or designee, who will
provide Permittee with the following information, in writing:
1. location of the vehicle, with the nearest street address;
2. make, year, model and tag number of the City vehicle, together with all
information available as to the condition of the vehicle;
3. name of the City employee operating the vehicle; and
4. reason for the tow (i.e. disabled, accident scene, etc.)
The Permittee shall tow and return a disabled City vehicle to the Mechanical
Maintenance Garage at 140 MacArthur Causeway. Disabled Police Department
vehicles may, upon written approval of the Police Chief or designee, be towed to the
Miami Beach Police Station at 1100 Washington Avenue.
21. ABANDONED VEHICLES
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Permittee shall remove abandoned vehicles on public streets, highways, right of
ways, and other City or publicly owned property, upon request of the City Manager or
designee. For purposes of this section, the term "vehicle" shall include, without
limitation, automobiles, trucks, truck bodies, and house trailers (including vehicles which
may be partly or entirely dismantled or consist of only a major portion of the body or
framework).
A Police officer or a City Parking Enforcement Specialist shall issue and affix
stickers on abandoned vehicles. After a minimum of two (2) days, if the vehicle is not
removed, it may be towed at the request of the City. However, vehicles parked where
parking is prohibited, or so as to be a hazard or obstruction to traffic, must be towed
immediately.
Notwithstanding the preceding paragraph, vehicles properly parked in one of the
City's Residential Parking Permit Districts with a valid Residential Parking permit shall
not be regarded as abandoned.
Permittee shall comply with Section 713.78, Florida Statutes, in providing notice
to the registered owner of the vehicle, the insurance company insuring the vehicle, and
all persons claiming a lien thereon.
Abandoned vehicles may be stored at Permittee's authorized storage facility, or
at a salvage company located outside the City limits.
Permittee shall assume and be solely responsible for, and shall fully defend,
indemnify and hold the City, its officers, employees, agents, contractors, and
consultants, harmless from and against all claims and demands by any and all parties
whatsoever related to (and including but not limited to alleged violation of) Section
713.78, Florida Statutes (as same may be amended from time to time). The Permittee
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shall pay all judgments obtained by reason of a violation of Section 713.78, Florida
Statutes, as specified in suit or suits against the City, including all legal costs, court
expenses and attorney fees, and other like expenses. Permittee shall have the right to
join in the defense of such suits. City shall notify Permittee of any such suits where
Permittee is not named as a party. The failure of City to notify Permittee of such suit
shall relieve Permittee of any and all responsibility or liability under this Section 21.
However, there is expressly excluded from the foregoing obligations to indemnify those
Claims resulting from the gross negligence or willful misconduct of the City, or to the
extent the Claim arises out of Permittee's release of an impounded rental vehicle to the
person who rented the vehicle, and not those persons specified by Section 713.78(10),
Florida Statutes.
22. MAXIMUM ALLOWABLE RATES
Pursuant to Section 106-219, the City Commission hereby establishes the
following maximum allowable rates for towing, removal, and storage services provided
under the Permit ("Maximum Allowable Rates"). The Permittee shall not charge in
excess of the following Maximum Allowable Rates (as same may be adjusted from time
to time in accordance with the Indexing Provision in Section 22(C)(5):
A. Maximum Allowable Hook-Up Rate (includes: Labor; Dollies;
Adminstrative fees unrelated to Section 713.78, Florida Statutes, mileage,
and after hours)
Non- City of Miami Beach residents:
Tow Rate Class "A" Tow Truck and Class A Car Carrier
Including first 30 minutes at the scene $250.00
Tow Rate Class "B" Tow Truck
Including first 30 minutes at the scene $250.00
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Tow Rate Class "C" Tow Truck
Including first 30 minutes at the scene $275.00
Should the Permittee not own or lease a Class "C" Tow Truck, the City
then authorizes the Permittee to subcontract said wrecker and to charge a
maximum of$325.00..
Tow Rate Class "D" Tow Truck
Including first 30 minutes at the scene $450.00
Should the Permittee not own or lease a Class "D" Tow Truck, the City
then authorizes the Permittee to subcontract said wrecker and to charge a
maximum of$500.00.
B. Underwater recovery:
Should the Permittee not offer this type of recovery service, the City then
authorizes the Permittee to subcontract said service and to charge the
actual cost the subcontractor charged the Permittee for the service.
C. Special and additional charges:
1. Storage:
In accordance with Section 713.78(2), Florida Statutes, the first six (6)
hours of storage must be without any charge. The Permittee must
affirmatively document the date and time each towed or impounded
vehicle arrives at Permittee's storage facility and must also affirmatively
document the date and time of the retrieval of each towed or impounded
vehicle by the registered owner. The time must be documented utilizing an
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electronic time-keeping stamping device, which reflects the time either in
military format or including a.m./p.m., as applicable.
The following storage rates shall apply per day:
Inside-Interior and outside-exterior storage
(a) Motorcycles or Scooters $20.00
(b) Any vehicle less than 20 $40.00
feet in length and 8 feet in width
(c) Any vehicle over 20 feet in length $40.00
Boat and Trailer
(a) Unit under 20 feet in length $40.00
(b) Unit 21 feet to 35 feet in length $40.00
(c) Unit over 35 feet in length $45.00
2. Extra labor:
Cost of any waiting time or extra labor (i.e., "retrieving", special handling)
accomplished within thirty (30) minutes of arrival at-the scene of a tow
shall be included in the base tow rate. If, and only if, such waiting time or
extra labor consumes more than thirty (30) minutes, an extra waiting time
or extra labor charge, per fifteen (15) minutes or any fraction thereof, may
be assessed (commencing thirty (30) minutes after arrival at the scene) at
the rate of $16.50 per fifteen (15) minute increments or any fraction
thereof. Any extra waiting time or extra labor charge authorization should
be made by the Police officer or Parking Enforcement Specialist on the
scene, whenever possible, and shall be so indicated in writing on the
vehicle storage receipt.
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3. Administrative Fee:
Pursuant to Section 713.78(2), Florida Statutes, whenever the Permittee
impounds and/or stores a vehicle or vessel under this Permit, the
Permittee has a lien on the vehicle or vessel for a reasonable towing fee,
for a reasonable administrative fee or charge imposed by a county or
municipality, and for a reasonable storage fee; except that a storage fee
may not be charged if the vehicle or vessel is stored for fewer than 6
hours. Although Section 713.78(15)(a), Florida Statutes, authorizes
Permittee to charge a $250 administrative fee for releasing a claim of lien
on an impounded vehicle or vessel, Permittee voluntarily agrees to charge
only a $75 administrative fee plus the actual costs of complying with
Section 713.78, Florida Statutes. Such administrative fee may only be
charged after the first thirty-six (36) hours of storage. "Administrative fee"
as used in this Section 22(C)(3) shall have the same meaning ascribed to
it in Section 713.78(15)(a), Florida Statutes. The administrative fee shall
not be imposed on vehicles owned by Miami Beach Residents or vehicles
with a "police hold" until or unless the hold is removed. In order to be
eligible for the waiver of the $75 administrative fee, residents must provide
proof of residency within the City of Miami Beach, and their driver's license
information must match the registration information of the towed vehicle.
4. City Permit Fee:
Permittee will impose and collect on behalf of the City a Permit Fee of
$30.00.
5. Indexing Provision:
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Beginning October 1, 2023, and each October 1 thereafter, the City
Manager or designee shall increase the maximum allowable rates and
fees by the annual percentage change in the Consumer Price Index (CPI)
for the Miami-Fort Lauderdale-West Palm Beach, Florida area, as
published by the Bureau of Labor Statistics of the United States
Department of Labor (Series ID CUURS35BSA0) up to a CPI increase of
3%; A CPI increase greater than 3% requires Commission approval via
recommendation from the Finance and Economic Resiliency Committee.
Each year's rates and fees increase shall be calculated based on the
amounts from the previous year. The maximum allowable rates and fees
under this method shall be rounded up to the nearest dollar.
Notwithstanding the foregoing, the annual CPI increase shall not apply to
the discounted Miami Beach resident rate of $150 in Section
22(C)(6).
6. Miami Beach Resident Rate and City of Miami Beach Rate:
a. City of Miami Beach residents shall receive a discounted rate of
$150 for Class A tows (plus applicable storage fees and administrative
fees in connection with Section 713.78, Florida Statutes). Storage charges
will not apply to City of Miami Beach residents for the first 24 hours. In
order to be eligible for the Miami Beach Resident Discount, residents must
provide proof of residency within the City of Miami Beach, and their
driver's license information must match the registration information of the
towed vehicle. The Permittee shall maintain a log documenting of all City
residents that receive the Miami Beach resident rate, which log shall be
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available for inspection and copying by the City Manager or designee,
upon request. Permittee shall prominently post a sign displaying the
Maximum Allowable Rates for both City and non-City residents within the
area(s) on its premises designated for the vehicle owner or their agent to
transact business.
b. The City of Miami Beach shall receive a discounted rate of$185 for
improper tows paid by the Police Department or Parking Department
pursuant to Section 16 herein (plus applicable storage fees and
administrative fees in connection with Section 713.78, Florida Statutes).
7. Crime Victim or Witness Rate
Upon written notification from the Police Chief or his/her designee that the
registered owner of a vehicle that was towed by the Police Department
was a crime victim or witness to a crime, Permittee hereby agrees to
voluntarily waive all towing and storage charges on the vehicle owner for
the first 5 days, and instead charge the City a discounted rate of $50.00
per tow. After the first 5 days, in addition to the $50 charge, the City shall
pay Permittee all applicable storage fees and administrative fees in
connection with Section 713.78, Florida Statutes. Permittee shall provide
the discounted rate of $50.00 under this provision for a maximum of 10
vehicles per year. The City hereby waives its right to the Permit Fee for
any vehicle owner who was a crime victim or witness to a crime and which
receives a discounted rate of $50 under this section, and Permittee shall
not impose or collect the Permit Fee on behalf of the City.
8. Fuel Surcharge
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Permittee is authorized to charge a $5 fuel surcharge per tow during any
period where the price for diesel fuel is $5.00 or more per gallon in the
City of Miami Beach.
23. RESPONSIBILITY FOR PAYMENT
Except as otherwise provided in this Permit, the vehicle owner or lienholder or
agent of either shall be responsible for payment of charges imposed by the Permittee,
due upon vehicle release, and the City shall not be responsible for any charges
imposed for towing and storage, or for securing payments due upon vehicle release.
Permittee must accept the following forms of payment: cash, travelers checks, or
personal bank checks drawn on a bank in Miami-Dade, Broward, or Monroe County.
The Permittee may require two (2) forms of identification, one of which shall be a
government-issued ID. Permittee shall accept credit cards and debit cards from City
residents, and debit cards from any resident of Miami-Dade County. Any such credit
cards or debit cards must be presented at time of the transaction for payment, and such
credit card or debit card must be in the name of the registered owner. The Permittee
may require two (2) forms of identification, one of which shall be a government-issued
ID.
Prior to requiring the Permittee to accept credit cards from persons other than
City residents, the City Manager shall refer this matter to the Finance and Economic
Resiliency Committee for discussion and to make a recommendation to the Mayor and
City Commission concerning whether credit cards should be an acceptable form of
payment for all individuals retrieving a towed or impounded vehicle. However, if the
Permittee can affirmatively prove and establish, to the satisfaction of the City Manager
pursuant to an audit or other verifiable means, that the Permittee's chargeback rate f r
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City tows (the "chargeback rate". is defined as the total chargeback cases per month
divided by the total transactions per month) is in excess of 1.5% during any one month,
then Permittee may automatically suspend the acceptance of credit cards, and the City
Manager shall refer the matter to the Finance and Economic Resiliency Committee for
discussion and to make a recommendation to the Mayor and City Commission
concerning whether credit cards should continue to be a required form of payment.
Permittee shall install and continuously operate and maintain in good working
order at least one (1) automatic teller machine (ATM) on its premises.
24. WAIVER OF "DROP FEES"
Drop fees occur when a vehicle owner (or other legally authorized person in
control of the vehicle) arrives on the scene of a tow, prior to removal of the vehicle from
the scene, and the vehicle has been engaged (hooked) by the tow truck but has not left
the scene. Although Florida law and Section 106-261 of the City Code allows Permittee
to assess a "drop fee" (of not more than 50% of the posted towing rates), Permittee
hereby agrees to voluntarily waive any and all drop fees for registered vehicle owners or
other legally authorized person(s) in control of the vehicle arriving at the scene prior to.
the removal or towing of the vehicle. The provisions of this section shall not apply
where the Police Department has placed a hold on the vehicle or the vehicle has an
"impoundment order" pursuant to Sec. 30-389.4(d) of the Code of Miami-Dade County,
Florida.
25. REPORTS AND FILES
The Permittee shall maintain the following records at its principal place of
business within the City:
A. Permittee shall provide standardized, printed, sequentially numbered, City
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designed invoice forms listing the nature of the work performed by it for tows. An
invoice shall be made for each and every vehicle towed. Permittee shall keep on file for
three (3) years from the expiration of the permit, copies of all paid invoices, together
with vehicle storage receipts, and any and all impound logs (filed sequentially by Police
case number or Parking Department sequentially numbered forms) during the Permit
term. These records shall be subject to inspection by the City or its authorized
representatives during regular business hours.
B. Standardized, printed, sequentially numbered vehicle storage receipts
(yellow and goldenrod copies) for each and every vehicle towed by authority of the City,
indicating reason for impoundment, vehicle description, date and time towed, location
towed from and to, date and time released, proof of ownership notification, and all
itemized charges.
Once the release occurs, the yellow copy is to be returned to the City with
information including name, address, and telephone number of the individual to whom
the vehicle was released (This information must appear legibly on both the yellow and
goldenrod copies). The goldenrod copy will be retained by Permittee. These files will
be maintained sequentially according to the Police Department or Parking Department
case number.
C. A log of all calls for service by the Police Department and/or Parking
Department on a weekly basis.
D. An Impound/Notification Log indicating, at a minimum, date, time and
method of notification to the registered owner of an impounded vehicle.
E. A log indicating vehicles to be auctioned, date of auction, name and
address of owner and lien holder, and date contacted.
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F. A log indicating vehicles sold at auction, date auction notice was
published, proceeds of auction, and distribution of proceeds.
G. Permittee shall keep on file for three (3) years from the expiration of the
permit, copies of all paid invoices, together with vehicle storage receipts, and any and
all impound logs (filed sequentially by Police Department case number or Parking
Department sequentially numbered forms) during the Permit term. These records shall
be subject to inspection by the City or its authorized representatives during regular
business hours.
All of Permittee's files, records, and logs shall be available for inspection by the
City or its authorized representatives during regular business hours. Permittee shall
make available adequate workspace including, but not limited to, a table and chair, for
City representatives inspecting records.
26. FORWARDING REPORTS TO THE POLICE DEPARTMENT, AND PARKING
DEPARTMENT
The Permittee shall be solely responsible for the remittance of the following
reports to the Police Department-and the Parking Department throughout the duration of
this Tow Permit. These Reports shall be remitted on the first day of each month,
however, if the first day of the month falls on a Saturday, Sunday or legal holiday, then
the Reports shall be remitted by 5:00 p.m. on the next business day immediately
following such Saturday, Sunday, or legal holiday.
A. Copies of all vehicle storage receipts for vehicles released the previous
month, which should include a copy of the completed numbered invoice
for each vehicle.
B. Original log of all calls for service on a monthly basis.
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C. Original log of all vehicles with police holds in the custody of the
Permittee.
D. Original impound/notification Log for the previous month.
E. Original log completed prior to vehicle auctions.
F. Copy of the public notice of auction, at least 10 days prior to the auction.
G. Original log completed immediately following auction.
All copies must be legible, and the originals shall be provided, upon request by the City
Manager or designee.
27. INSPECTIONS AND AUDITS
Permittee agrees that all of its records, equipment, personnel, office and storage
facilities will be subject to periodic inspection and audits by the City Manager or
authorized representative and, in the case of inspection checks, without the need for
prior notice to Permittee.
28. ETHICS AND CONDUCT
The Permittee shall conduct its business in an orderly, ethical, and business-like
manner at all times, and shall use every means to obtain and keep the confidence of the
public. All public contact shall be in a courteous and orderly manner.
29. COMPLAINTS AND DISPUTES
It is the sole responsibility of Permittee to address customer service issues in a
polite, courteous, and respectful manner, regardless of the comportment of the
complainant. Clearly, verbal or physical abuse is unacceptable and police assistance
should be sought if a particular conflict escalates.
Any complaints received by the City concerning a violation by Permittee of Article
V, Division 2, Sections 106-211 through 106-222 of the City Code, or these
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Administrative Rules and Regulations (including, without limitation, misconduct,
excessive charges, poor business practices, damage to vehicles, etc.), shall be referred
to the City's Chief of Police or to the City's Parking Director for investigation (depending
on which City department originated the tow). The respective department shall notify
Permittee, in writing, of any such complaints (including the specific nature thereof)
within five (5) business days from receipt of the complaint. The Permittee shall provide
written explanation and information with respect to the particular complaint, within five
(5) business days from notice by the City. Permittee's response shall include
identification of any proposed resolution(s) and corrective measure(s) to be taken.
A written disposition of the complaint will be forwarded to the Permittee (and
complainant) upon completion of the City's investigation. The City Manager reserves the
right, in his/her sole discretion, to require Permittee to refund all or any portion of the
towing fees to a complainant, as liquidated damages, should the City rule in favor of the
complainant.
If there have been three (3) or more substantiated complaints filed with the City
within a ninety (90) day period during the Permit term, the City Manager may suspend
the Permit for a period of up to thirty (30) days in accordance with Section 106-220 of
the City Code.
30. "HOW'S MY DRIVING?" PROGRAM
Permittee shall be required to establish and continuously operate a tow truck
driver safety improvement program, through an independent third-party source that will
establish a telephone contact and e-mail contact for receipt of complaints regarding
unsafe tow truck operator driving throughout the City, which will be addressed by the
Permittee to the satisfaction of the City Manager. Each vehicle will prominently display
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contact information for the public to report issues relating to the tow truck operator's
driving. Upon request of the City Manager, Permittee shall provide a report from the
independent third-party source identifying any and all complaints lodged against the
Permittee; investigations conducted by the Permittee; and corrective actions taken by
the Permittee to the satisfaction of the City Manager. Prior to implementation, the
aforestated Program shall be reviewed and approved by the City Manager, which
approval shall not be unreasonably withheld. Any changes to the approved Program
shall also be subject to the prior written approval of the City Manager.
31. CUSTOMER SERVICE/INFORMATION ITEMS AND MATERIALS
It is the City's intent to ensure the highest levels of customer service are provide
to its residents, visitors, and tourists. To this end, all of Permittee's employees, agents
contractors, or servants that may have contact with customers with the general public
must attend and participate in the City's Towing and Customer Contact Training. This
training will specifically address customer relations training, including diffusing
situations, demeanor/body language, and conflict resolution. All of Permittee's
employees, agents, contractors or servants that have contact with customers or with the
general public will be required to attend this training twice annually (every six months)
throughout the term of the Permit. Permittee will further develop and issue informational
materials providing answers to frequently asked questions, such as rates,
directions/location of storage lots, and contact information.
32. CITIZENS BILL OF RIGHTS FOR TOWING
Permittee shall establish and continually operate and maintain a bilingual
informational campaign, advising a vehicle owner who has been towed of their rights
and important related information, including tow rates, methods of payment, and
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complaint contact information. Prior to implementation, the aforestated campaign shall
be reviewed and approved by the City Manager, which approval shall not be
unreasonably withheld. Any changes to the approved campaign shall also require the
prior written approval of the City Manager. Following approval of the Towing Bill of
Rights by the City Manager, Permittee shall post notice on all of its service vehicles,
identifying to the availability of a copy of the full Citizen's Bill of Rights to the general
public, as well as advising the public of the "no drop fee" provision in Section 24. The
notice on the vehicle shall be displayed in a prominent place on the vehicle and clearly
visible and legible, in letters at least two (2") inches high.
33. NON-DISCRIMINATION POLICY
In connection with the performance of work/services under this Permit, Permittee shall
not exclude from participation in, deny the benefits of, or subject to discrimination
anyone on the grounds of race, color, national origin, sex, age, disability, religion,
income or family status.
Additionally, Permittee shall comply fully with the City's Human Rights
Ordinance, codified in Chapter 62 of the City Code, as may be amended from time to
time, prohibiting discrimination in employment, housing, public accommodations, and
public services on account of actual or perceived race, color, national origin, religion,
sex, intersexuality, gender identity, sexual orientation, marital and familial status, age,
disability, ancestry, height, weight, domestic partner status, labor organization
membership, familial situation, or political affiliation.
Permittee shall take affirmative action to ensure that employees are treated during their
employment without regard to their race, color, national origin, religion, sex,
intersexuality, gender identity, sexual orientation, marital and familial status, age,
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disability, ancestry, height, weight, domestic partner status, labor organization
membership, familial situation, or political affiliation.
Permittee must complete and submit the City's Disability Non-Discrimination
Affidavit (Affidavit). In the event Permittee fails to execute the City's Affidavit or is found
to be .in non-compliance with the provisions of the Affidavit, the City may impose such
sanctions as it may determine to be appropriate, including but not limited to, withholding
assignment of tows to Permittee under the Permit until compliance, and/or suspension
or revocation of the Permit in accordance with Section 106-220 of the City Code. In the
event the City suspends or revokes the Permit pursuant to this Section, Permittee shall
not be relieved of liability to the City for damages sustained by the City by virtue of
Permittee's breach.
34. ASSIGNMENT
Permittees shall not assign, transfer, convey, sublet or otherwise dispose of this
Permit, or of any or all of its rights, title or interest therein, or its or its power to execute
such permit, to any person, company or corporation without the prior written consent of
the City Commission.
35. CHANGES IN ADMINISTRATIVE RULES AND REGULATIONS
Any amendment to these Administrative Rules and Regulations shall be subject
to the prior written recommendation of the City Manager and, thereafter, approval of the
City Commission. Except for the annual consumer price index increase pursuant to
Section 22(C)(5) herein, any changes in the schedule of Maximum Allowable Rates
shall be subject to the prior recommendation of the City Manager and City Commission
approval. Any change in the Maximum Allowable Rates requested by Permittee shall
46
only be considered by the City on/or about October 1st of each year during the Permit
term.
36. CITY CODE AND ADMINISTRATIVE RULES AND REGULATIONS
INCORPORATED BY REFERENCE INTO PERMIT
The Permit shall incorporate by reference (as if fully set forth therein) Article V,
Division 2, Sections 106-211 through 106-222 of the Miami Beach City Code, and these
Administrative Rules and Regulations, as same (respectively) may be hereinafter
amended from time to time, and compliance therewith shall be binding upon Permittee
and required as a condition of the Permit. Further, the Permit shall incorporate by
reference (as if fully set forth herein) Section 713.78, Florida Statutes (as may be
amended from time to time), and Chapter 323 of the Florida Statutes (as may be
amended from time to time) (collectively, "State Law"). In the event of a conflict between
these Administrative Rules and Regulations and State Law, State Law shall supersede
these Administrative Rules and Regulations; except where Permittee and the City
have agreed to an interpretation of State Law, as set forth in these Rules and
Regulations and, in which case, the Administrative Rules and Regulations shall
govern.
47
2021 Florida Statutes
713.78 Liens for recovering, towing, or storing vehicles and vessels.—
(1) For the purposes of this section, the term:
(a) "Vehicle" means any mobile item, whether motorized or not, which is mounted on wheels.
(b) "Vessel" means every description of watercraft, barge, and airboat used or capable of being
used as a means of transportation on water, other than a seaplane or a "documented vessel" as
defined in s. 327.02.
(c) "Wrecker" means any truck or other vehicle which is used to tow, carry, or otherwise transport
motor vehicles or vessels upon the streets and highways of this state and which is equipped for that
purpose with a boom, winch, car carrier, or other similar equipment.
(d) "National Motor Vehicle Title Information System" means the federally authorized electronic
National Motor Vehicle Title Information System.
(e) "Equivalent commercially available system" means a service that charges a fee to provide
vehicle information and that at a minimum maintains records from those states participating in data
sharing with the National Motor Vehicle Title Information System.
(2) Whenever a person regularly engaged in the business of transporting vehicles or vessels by
wrecker, tow truck, or car carrier recovers, removes, or stores a vehicle or vessel upon instructions
from:
(a) The owner thereof;
(b) The owner or lessor, or a person authorized by the owner or lessor, of property on which such
vehicle or vessel is wrongfully parked, and the removal is done in compliance with s. 715.07;
(c) The landlord or a person authorized by the landlord, when such motor vehicle or vessel -
remained on the premises after the tenancy terminated and the removal is done in compliance with
s. 83.806 ors. 715.104; or
(d) Any law enforcement agency,
she or he shall have a lien on the vehicle or vessel for a reasonable towing fee, for a reasonable
administrative fee or charge imposed by a county or municipality, and for a reasonable storage fee;
except that a storage fee may not be charged if the vehicle or vessel is stored for fewer than 6 hours.
(3) This section does not authorize any person to claim a lien on a vehicle for fees or charges
connected with the immobilization of such vehicle using a vehicle boot or other similar device pursuant
to s. 715.07.
(4)(a) A person regularly engaged in the business of recovering, towing, or storing vehicles or
vessels who comes into possession of a vehicle or vessel pursuant to subsection (2), and who claims a
lien for recovery, towing, or storage services, shall give notice, by certified mail, to the registered
owner, the insurance company insuring the vehicle notwithstanding s. 627.736, and all persons claiming
a lien thereon, as disclosed by the records in the Department of Highway Safety and Motor Vehicles or
as disclosed by the records of any corresponding agency in any other state in which the vehicle is
identified through a records check of the National Motor Vehicle Title Information System or an
equivalent commercially available system as being titled or registered.
(b) Whenever a law enforcement agency authorizes the removal of a vehicle or vessel or whenever
a towing service, garage, repair shop, or automotive service, storage, or parking place notifies the law
enforcement agency of possession of a vehicle or vessel pursuant to s. 715.07(2)(a)2., the law
enforcement agency of the jurisdiction where the vehicle or vessel is stored shall contact the
Department of Highway Safety and Motor Vehicles, or the appropriate agency of the state of
registration, if known, within 24 hours through the medium of electronic communications, giving the
full description of the vehicle or vessel. Upon receipt of the full description of the vehicle or vessel,
the department shall search its files to determine the owner's name, the insurance company insuring
the vehicle or vessel, and whether any person has filed a lien upon the vehicle or vessel as provided in
s. 319.27(2) and (3) and notify the applicable law enforcement agency within 72 hours. The person in
charge of the towing service;garage, repair shop, or automotive service, storage, or parking place
shall obtain such information from the applicable law enforcement agency within 5 days after the date
of storage and shall give notice pursuant to paragraph (a). The department may release the insurance
company information to the requestor notwithstanding s. 627.736.
(c) The notice of lien must be sent by certified mail to the registered owner, the insurance
company insuring the vehicle notwithstanding s. 627.736, and all other persons claiming a lien thereon
within 7 business days, excluding Saturday and Sunday, after the date of storage of the vehicle or
vessel. However, in no event shall the notice of lien be sent less than 30 days before the sale of the
vehicle or vessel. The notice must state:
1. If the claim of lien is for a vehicle, the last 8 digits of the vehicle identification number of the
vehicle subject to the lien, or, if the claim of lien is for a vessel, the hull identification number of the
vessel subject to the lien, clearly printed in the delivery address box and on the outside of the
envelope sent to the registered owner and all other persons claiming an interest therein or lien
thereon.
2. The name, physical address, and telephone number of the lienor, and the entity name, as
registered with the Division of Corporations, of the business where the towing and storage occurred,
which must also appear on the outside of the envelope sent to the registered owner and all other
persons claiming an interest in or lien on the vehicle or vessel.
3. The fact of possession of the vehicle or vessel.
4. The name of the person or entity that authorized the lienor to take possession of the vehicle or
vessel.
5. That a lien as provided in subsection (2) is claimed.
6. That charges have accrued and include an itemized statement of the amount thereof.
7. That the lien is subject to enforcement under law and that the owner or lienholder, if any, has
the right to a hearing as set forth in subsection (5).
8. That any vehicle or vessel that remains unclaimed, or for which the charges for recovery,
towing, or storage services remain unpaid, may be sold free of all prior liens 35 days after the vehicle
or vessel is stored by the lienor if the vehicle or vessel is more than 3 years of age or 50 days after the
vehicle or vessel is stored by the lienor if the vehicle or vessel is 3 years of age or less.
9. The address at which the vehicle or vessel is physically located.
(d) The notice of lien may not be sent to the registered owner, the insurance company insuring the
vehicle or vessel, and all other persons claiming a lien thereon less than 30 days before the sale of the
vehicle or vessel.
(e) If attempts to locate the name and address of the owner or lienholder prove unsuccessful, the
towing-storage operator shall, after 7 business days, excluding Saturday and Sunday, after the initial
tow or storage, notify the public agency of jurisdiction where the vehicle or vessel is stored in writing
by certified mail or acknowledged hand delivery that the towing-storage company has been unable to
locate the name and address of the owner or lienholder and a physical search of the vehicle or vessel
has disclosed no ownership information and a good faith effort has been made, including records
checks of the Department of Highway Safety and Motor Vehicles database and the National Motor
Vehicle Title Information System or an equivalent commercially available system. For purposes of this
paragraph and subsection (9), the term "good faith effort means that the following checks have been
performed by the company to establish the prior state of registration and for title:
1. A check of the department's database for the owner and any lienholder.
2. A check of the electronic National Motor Vehicle Title Information System or an equivalent
commercially available system to determine the state of registration when there is not a current
registration record for the vehicle or vessel on file with the department.
3. A check of the vehicle or vessel for any type of tag, tag record, temporary tag, or regular tag.
4. A check of the law enforcement report for a tag number or other information identifying the
vehicle or vessel, if the vehicle or vessel was towed at the request of a law enforcement officer.
5. A check of the trip sheet or tow ticket of the tow truck operator to determine whether a tag
was on the vehicle or vessel at the beginning of the tow, if a private tow.
6. If there is no address of the owner on the impound report, a check of the law enforcement
report to determine whether an out-of-state address is indicated from driver license information.
7. A check of the vehicle or vessel for an inspection sticker or other stickers and decals that may
indicate a state of possible registration.
8. A check of the interior of the vehicle or vessel for any papers that may be in the glove box,
trunk, or other areas for a state of registration.
9. A check of the vehicle for a vehicle identification number.
10. A check of the vessel for a vessel registration number.
11. A check of the vessel hull for a hull identification number which should be carved, burned,
stamped, embossed, or otherwise permanently affixed to the outboard side of the transom or, if there
is no transom, to the outmost seaboard side at the end of the hull that bears the rudder or other
steering mechanism.
(5)(a) The owner of a vehicle or vessel removed pursuant to subsection (2), or any person claiming
a lien, other than the towing-storage operator, within 10 days after the time she or he has knowledge
of the location of the vehicle or vessel, may file a complaint in the county court of the county in which
the vehicle or vessel is stored to determine whether her or his property was wrongfully taken or
withheld.
(b) At any time before the sale of the vehicle or vessel, an owner or lienholder may have her or his
vehicle or vessel released upon posting with the court a cash or surety bond or other adequate security
equal to the amount of the charges for towing or storage and lot rental amount to ensure the payment
of such charges in the event she or he does not prevail. Upon the posting of the bond and the payment
of the applicable fee set forth in 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. At the time
of such release, after reasonable inspection, she or he shall give a receipt to the towing-storage
company reciting any claims she or he has for loss or damage to the vehicle or vessel or the contents
thereof.
(c) Upon determining the respective rights of the parties, the court may award damages,
attorney's fees, and costs in favor of the prevailing party. In any event, the final order shall provide for
immediate payment in full of recovery, towing, and storage fees by the vehicle or vessel owner or
lienholder; or the agency ordering the tow; or the owner, lessee, or agent thereof of the property from
which the vehicle or vessel was removed.
(6) A vehicle or vessel that is stored pursuant to subsection (2) and remains unclaimed, or for
which reasonable charges for recovery, towing, or storing remain unpaid, and any contents not
released pursuant to subsection (10), may be sold by the owner or operator of the storage space for
such towing or storage charge 35 days after the vehicle or vessel is stored by the lienor if the vehicle or
vessel is more than 3 years of age or 50 days after the vehicle or vessel is stored by the lienor if the
vehicle or vessel is 3 years of age or less. The sale shall be at public sale for cash. If the date of the
sale was not included in the notice required in subsection (4), notice of the sale shall be given to the
person in whose name the vehicle or vessel is registered and to all persons claiming a lien on the
vehicle or vessel as shown on the records of the Department of Highway Safety and Motor Vehicles or of
any corresponding agency in any other state in which the vehicle is identified through a records check
of the National Motor Vehicle Title Information System or an equivalent commercially available system
as being titled. Notice of the sale must be sent by certified mail. The notice must have clearly
identified and printed, if the claim of lien is for a motor vehicle, the last 8 digits of the vehicle
identification number of the motor vehicle subject to the lien, or, if the claim of lien is for a vessel,
the hull identification number of the vessel subject to the lien, in the delivery address box and on the
outside of the envelope sent to the registered owner and all other persons claiming an interest therein
or lien thereon. The notice must be sent to the owner of the vehicle or vessel and the person having
the recorded lien on the vehicle or vessel at the address shown on the records of the registering agency
at least 30 days before the sale of the vehicle or vessel. The notice must state the name, physical
address, and telephone number of the lienor, and the vehicle identification number if the claim of lien
is for a vehicle or the hull identification number if the claim of lien is for a vessel, all of which must
also appear in the return address section on the outside of the envelope containing the notice of sale.
After diligent search and inquiry, if the name and address of the registered owner or the owner of the
recorded lien cannot be ascertained, the requirements of notice by mail may be dispensed with. In
addition to the notice by mail, public notice of the time and place of sale shall be made by publishing a
notice thereof one time, at least 10 days before the date of the sale, in a newspaper of general
circulation in the county in which the sale is to be held. The proceeds of the sale, after payment of
reasonable towing and storage charges, and costs of the sale, in that order of priority, shall be
deposited with the clerk of the circuit court for the county if the owner or lienholder is absent, and the
clerk shall hold such proceeds subject to the claim of the owner or lienholder legally entitled thereto.
The clerk shall be entitled to receive 5 percent of such proceeds for the care and disbursement
thereof. The certificate of title issued under this law shall be discharged of all liens unless otherwise
provided by court order. The owner or lienholder may file a complaint after the vehicle or vessel has
been sold in the county court of the county in which it is stored. Upon determining the respective
rights of the parties, the court may award damages, attorney fees, and costs in favor of the prevailing
party.
(7)(a) A wrecker operator recovering, towing, or storing vehicles or vessels is not liable for
damages connected with such services, theft of such vehicles or vessels, or theft of personal property
contained in such vehicles or vessels, provided that such services have been performed with reasonable
care and provided, further, that, in the case of removal of a vehicle or vessel upon the request of a
person purporting, and reasonably appearing, to be the owner or lessee, or a person authorized by the
owner or lessee, of the property from which such vehicle or vessel is removed, such removal has been
done in compliance with s. 715.07. Further, a wrecker operator is not liable for damage to a vehicle,
vessel, or cargo that obstructs the normal movement of traffic or creates a hazard to traffic and is
removed in compliance with the request of a law enforcement officer.
(b) For the purposes of this subsection, a wrecker operator is presumed to use reasonable care to
prevent the theft of a vehicle or vessel or of any personal property contained in such vehicle stored in
the wrecker operator's storage facility if all of the following apply:
1. The wrecker operator surrounds the storage facility with a chain-link or solid-wall type fence at
least 6 feet in height;
2. The wrecker operator has illuminated the storage facility with lighting of sufficient intensity to
reveal persons and vehicles at a distance of at least 150 feet during nighttime; and
3. The wrecker operator uses one or more of the following security methods to discourage theft of
vehicles or vessels or of any personal property contained in such vehicles or vessels stored in the
wrecker operator's storage facility:
a. A night dispatcher or watchman remains on duty at the storage facility from sunset to sunrise;
b. A security dog remains at the storage facility from sunset to sunrise;
c. Security cameras or other similar surveillance devices monitor the storage facility; or
d. A security guard service examines the storage facility at least once each hour from sunset to
sunrise.
(c) Any law enforcement agency requesting that a motor vehicle be removed from an accident
scene, street, or highway must conduct an inventory and prepare a written record of all personal
property found in the vehicle before the vehicle is removed by a wrecker operator. However, if the
owner or driver of the motor vehicle is present and accompanies the vehicle, no inventory by law
enforcement is required. A wrecker operator is not liable for the loss of personal property alleged to be
contained in such a vehicle when such personal property was not identified on the inventory record
prepared by the law enforcement agency requesting the removal of the vehicle.
(8) A person regularly engaged in the business of recovering, towing, or storing vehicles or vessels,
except a person licensed under chapter 493 while engaged in "repossession" activities as defined in
s. 493.6101, may not operate a wrecker, tow truck, or car carrier unless the name, address, and
telephone number of the company performing the service is clearly printed in contrasting colors on the
driver and passenger sides of its vehicle. The name must be in at least 3-inch permanently affixed
letters, and the address and telephone number must be in at least 1-inch permanently affixed letters.
(9) Failure to make good faith efforts to comply with the notice requirements of this section
precludes the imposition of any storage charges against the vehicle or vessel. If a lienor fails to provide
notice to a person claiming a lien on a vehicle or vessel in accordance with subsection (4), the lienor
may not charge the person for more than 7 days of storage, but such failure does not affect charges
made for towing the vehicle or vessel or the priority of liens on the vehicle or vessel.
(10) Persons who provide services pursuant to this section shall permit vehicle or vessel owners,
lienholders, insurance company representatives, or their agents, which agency is evidenced by an
original writing acknowledged by the owner before a notary public or other person empowered by law
to administer oaths, to inspect the towed vehicle or vessel and shall release to the owner, lienholder,
or agent the vehicle, vessel, or all personal property not affixed to the vehicle or vessel which was in
the vehicle or vessel at the time the vehicle or vessel came into the custody of the person providing
such services.
(11)(a) Any person regularly engaged in the business of recovering, towing, or storing vehicles or
vessels who comes into possession of a vehicle or vessel pursuant to subsection (2) and who has
complied with the provisions of subsections (3) and (6), when such vehicle or vessel is to be sold for
purposes of being dismantled, destroyed, or changed in such manner that it is not the motor vehicle or
vessel described in the certificate of title, shall report the vehicle to the National Motor Vehicle Title
Information System and apply to the Department of Highway Safety and Motor Vehicles for a certificate
of destruction. A certificate of destruction, which authorizes the dismantling or destruction of the
vehicle or vessel described therein, shall be reassignable a maximum of two times before dismantling
or destruction of the vehicle shall be required, and shall accompany the vehicle or vessel for which it is
issued, when such vehicle or vessel is sold for such purposes, in lieu of a certificate of title. The
application for a certificate of destruction must include proof of reporting to the National Motor
Vehicle Title Information System and an affidavit from the applicant that it has complied with all
, applicable requirements of this section and, if the vehicle or vessel is not registered in this state or any
other state, by a statement from a law enforcement officer that the vehicle or vessel is not reported
stolen, and shall be accompanied by such documentation as may be required by the department.
(b) The Department of Highway Safety and Motor Vehicles.shall charge a fee of $3 for each
certificate of destruction. A service charge of$4.25 shall be collected and retained by the tax collector
who processes the application.
(12)(a) Any person who violates any provision of subsection (1), subsection (2), subsection (4),
subsection (5), subsection (6), or subsection (7) is guilty of a misdemeanor of the first degree,
punishable as provided in s. 775.082 or s. 775.083.
(b) Any person who violates the provisions of subsections (8) through (11) is guilty of a felony of
the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
(c) Any person who uses a false or fictitious name, gives a false or fictitious address, or makes any
false statement in any application or affidavit required under the provisions of this section is guilty of a
felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
(d) Employees of the Department of Highway Safety and Motor Vehicles and law enforcement
officers are authorized to inspect the records of any person regularly engaged in the business of
recovering, towing, or storing vehicles or vessels or transporting vehicles or vessels by wrecker, tow
truck, or car carrier, to ensure compliance with the requirements of this section. Any person who fails
to maintain records, or fails to produce records when required in a reasonable manner and at a
reasonable time, commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or
s. 775.083.
(13)(a) Upon receipt by the Department of Highway Safety and Motor Vehicles of written notice
from a wrecker operator who claims a wrecker operator's lien under paragraph (2)(d) for recovery,
towing, or storage of an abandoned vehicle or vessel upon instructions from any law enforcement
agency, for which a certificate of destruction has been issued under subsection (11) and the vehicle has
been reported to the National Motor Vehicle Title Information System, the department shall place the
name of the registered owner of that vehicle or vessel on the list of those persons who may not be
issued a license plate or revalidation sticker for any motor vehicle under s. 320.03(8). If the vehicle or
vessel is owned jointly by more than one person, the name of each registered owner shall be placed on
the list. The notice of wrecker operator's lien shall be submitted on forms provided by the department,
which must include:
1. The name, address, and telephone number of the wrecker operator.
2. The name of the registered owner of the vehicle or vessel and the address to which the wrecker
operator provided notice of the lien to the registered owner under subsection (4).
3. A general description of the vehicle or vessel, including its color, make, model, body style, and
year.
4. The vehicle identification number (VIN); registration license plate number, state, and year;
validation decal number, state, and year; vessel registration number; hull identification number; or
other identification number, as applicable.
5. The name of the person or the corresponding law enforcement agency that requested that the
vehicle or vessel be recovered, towed, or stored.
6. The amount of the wrecker operator's lien, not to exceed the amount allowed by paragraph (b).
(b) For purposes of this subsection only, the amount of the wrecker operator's lien for which the
department will prevent issuance of a license plate or revalidation sticker may not exceed the amount
of the charges for recovery, towing, and storage of the vehicle or vessel for 7 days. These charges may
not exceed the maximum rates imposed by the ordinances of the respective county or municipality
under ss. 125.0103(1)(c) and 166.043(1)(c). This paragraph does not limit the amount of a wrecker
operator's lien claimed under subsection (2) or prevent a wrecker operator from seeking civil remedies
for enforcement of the entire amount of the lien, but limits only that portion of the lien for which the
department will prevent issuance of a license plate or revalidation sticker.
(c)1. The registered owner of a vehicle or vessel may dispute a wrecker operator's lien, by
notifying the department of the dispute in writing on forms provided by the department, if at least one
of the following applies:
a. The registered owner presents a notarized bill of sale proving that the vehicle or vessel was sold
in a private or casual sale before the vehicle or vessel was recovered, towed, or stored.
b. The registered owner presents proof that the Florida certificate of title of the vehicle or vessel
was sold to a licensed dealer as defined in s. 319.001 before the vehicle or vessel was recovered,
towed, or stored.
c. The records of the department were marked "sold" prior to the date of the tow.
If the registered owner's dispute of a wrecker operator's lien complies with one of these criteria, the
department shall immediately remove the registered owner's name from the list of those persons who
may not be issued a license plate or revalidation sticker for any motor vehicle under s. 320.03(8), thereby
allowing issuance of a license plate or revalidation sticker. If the vehicle or vessel is owned jointly by
more than one person, each registered owner must dispute the wrecker operator's lien in order to be
removed from the list. However, the department shall deny any dispute and maintain the registered
owner's name on the list of those persons who may not be issued a license plate or revalidation sticker
for any motor vehicle under s. 320.03(8) if the wrecker operator has provided the department with a
certified copy of the judgment of a court which orders the registered owner to pay the wrecker operator's
lien claimed under this section. In such a case, the amount of the wrecker operator's lien allowed by
paragraph (b) may be increased to include no more than $500 of the reasonable costs and attorney's fees
incurred in obtaining the judgment. The department's action under this subparagraph is ministerial in
nature, shall not be considered final agency action, and is appealable only to the county court for the
county in which the vehicle or vessel was ordered removed.
2. A person against whom a wrecker operator's lien has been imposed may alternatively obtain a
discharge of the lien by filing a complaint, challenging the validity of the lien or the amount thereof, in
the county court of the county in which the vehicle or vessel was ordered removed. Upon filing of the
complaint, the person may have her or his name removed from the list of those persons who may not
be issued a license plate or revalidation sticker for any motor vehicle under s. 320.03(8), thereby
allowing issuance of a license plate or revalidation sticker, upon posting with the court a cash or surety
bond or other adequate security equal to the amount of the wrecker operator's lien to ensure the
payment of such lien in the event she or he does not prevail. Upon the posting of the bond and the
payment of the applicable fee set forth in s. 28.24, the clerk of the court shall issue a certificate
notifying the department of the posting of the bond and directing the department to release the
wrecker operator's lien. Upon determining the respective rights of the parties, the court may award
damages and costs in favor of the prevailing party.
3. If a person against whom a wrecker operator's lien has been imposed does not object to the
lien, but cannot discharge the lien by payment because the wrecker operator has moved or gone out of
business, the person may have her or his name removed from the list of those persons who may not be
issued a license plate or revalidation sticker for any motor vehicle under s. 320.03(8), thereby allowing
issuance of a license plate or revalidation sticker, upon posting with the clerk of court in the county in
which the vehicle or vessel was ordered removed, a cash or surety bond or other adequate security
equal to the amount of the wrecker operator's lien. Upon the posting of the bond and the payment of
the application fee set forth in s. 28.24, the clerk of the court shall issue a certificate notifying the
department of the posting of the bond and directing the department to release the wrecker operator's
lien. The department shall mail to the wrecker operator, at the address upon the lien form, notice that
the wrecker operator must claim the security within 60 days, or the security will be released back to
the person who posted it. At the conclusion of the 60 days, the department shall direct the clerk as to
which party is entitled to payment of the security, less applicable clerk's fees.
4. A wrecker operator's lien expires 5 years after filing.
(d) Upon discharge of the amount of the wrecker operator's lien allowed by paragraph (b), the
wrecker operator must issue a certificate of discharged wrecker operator's lien on forms provided by
the department to each registered owner of the vehicle or vessel attesting that the amount of the
wrecker operator's lien allowed by paragraph (b) has been discharged. Upon presentation of the
certificate of discharged wrecker operator's lien by the registered owner, the department shall
immediately remove the registered owner's name from the list of those persons who may not be issued
a license plate or revalidation sticker for any motor vehicle under s. 320.03(8), thereby allowing
issuance of a license plate or revalidation sticker. Issuance of a certificate of discharged wrecker
operator's lien under this paragraph does not discharge the entire amount of the wrecker operator's
lien claimed under subsection (2), but only certifies to the department that the amount of the wrecker
operator's lien allowed by paragraph (b), for which the department will prevent issuance of a license
plate or revalidation sticker, has been discharged.
(e) When a wrecker operator files a notice of wrecker operator's lien under this subsection, the
department shall charge the wrecker operator a fee of $2, which shall be deposited into the General
Revenue Fund. A service charge of $2.50 shall be collected and retained by the tax collector who
processes a notice of wrecker operator's lien.
(f) This subsection applies only to the annual renewal in the registered owner's birth month of a
motor vehicle registration and does not apply to the transfer of a registration of a motor vehicle sold
by a motor vehicle dealer licensed under chapter 320, except for the transfer of registrations which
includes the annual renewals. This subsection does not apply to any vehicle registered in the name of
the lessor. This subsection does not affect the issuance of the title to a motor vehicle, notwithstanding
s. 319.23(8)(b).
(14)(a) A copy of the notice of lien required by subsection (4) and the notice of sale required by
subsection (6), which must include the vehicle identification number if the claim of lien is for a vehicle
or the hull identification number if the claim of lien is for a vessel, and proof of the required check of
the National Motor Vehicle Title Information System or an equivalent commercially available system
shall constitute satisfactory proof for application to the Department of Highway Safety and Motor
Vehicles for transfer of title, together with any other proof required by any rules and regulations of the
department.
(b) The Department of Highway Safety and Motor Vehicles may not approve an application for
transfer of title if the application fails to include a copy of the notice of lien required by subsection (4)
and the notice of sale required by subsection (6). The vehicle or hull identification number on the
notice of lien must match the vehicle or hull identification number of the vehicle or vessel that is the
subject of the transfer of title.
(15)(a) A lienor or the lienor's agent may charge an administrative fee to the registered owner or a
person claiming a lien against the vehicle or vessel to obtain release of the vehicle or vessel from the
claim of lien imposed under this section. Such administrative fee may not exceed $250. For purposes of
this paragraph, the term "administrative fee" means a lien fee or any fee imposed by the lienor or the
lienor's agent for administrative costs added to the amount due for towing and storing the vehicle or
vessel.
(b) A lienor or the lienor's agent may not charge fees or costs, other than those authorized in this
section or ss. 125.0'103 and 166.043, that exceed $250.
(16) A towing-storage operator must use a third-party service approved by the Department of
Highway Safety and Motor Vehicles to transmit all notices required by this section. If there is no third-
party service approved by the department, the towing-storage operator may mail the notices and
provide evidence of compliance with this section upon submission of an application for certificate of
title or certificate of destruction.
(a) For purposes of this subsection, the term "third-party service" means a qualified business
entity that, upon a request submitted through a website by a towing-storage operator:
1. Accesses the National Motor Vehicle Title Information System records to obtain the last state of
record of the vehicle.
2. Accesses the owner, lienholder, and insurer information, as applicable, for a vehicle or vessel
from the department.
3. Electronically generates the notices required of a towing-storage operator by this section
through the website.
4. Prints and sends the notices required under this section to each owner, lienholder, and insurer
of record by certified mail.
5. Electronically returns tracking information or other proof of mailing and delivery of the notices
to the towing-storage operator.
6. Electronically reports to the department, via an electronic data exchange process using a web
interface, the following information related to the towing and storage notice:
a. The vehicle identification number or vessel hull identification number.
b. The license plate number.
c. The name and address of the towing-storage operator or lienor.
d. The physical location of the vehicle or vessel.
e. The date on which the vehicle or vessel was towed.
f. The amount of storage fees owed at the time of the notice.
g. The date of assessment of storage charges.
h. The dates on which the notice was mailed and delivered.
i. Other information required by the department.
(b) A third-party service must apply to and be approved by the department in order to provide
notices under this section. The department shall prescribe the format for the application. The
department may approve the applicant as qualified to perform the services provided in paragraph (a) if
the applicant:
1. Provides the department with a $1 million bond.
2. Submits an acceptable internal control and data security audit (Level 2) or its equivalent
performed by a licensed certified public accountant.
3. Successfully demonstrates the ability to electronically provide required data to the department
via an electronic data exchange process using a web interface.
(c) The department may deny, suspend, or revoke approval of a third-party service if the
department determines that the third-party service has committed an act of fraud or
misrepresentation related to a notice required by this section.
(d) A third-party service must maintain all records related to providing notices under this section
for 5 years and allow the department to inspect and copy such records upon request. The records may
be maintained in an electronic format.
(e) A third-party service must annually provide the department with evidence that it maintains a
$1 million bond and must annually submit an internal control and data security audit (Level 2) or its
equivalent performed by a licensed certified public accountant to continue its approved status each
year.
(f) A third-party service must maintain a publicly available website that allows owners, registrants,
lienholders, insurance companies, or their agents to search for notices sent pursuant to this section.
The search results must exclude personal identifying information but provide the same information
provided to the department.
(17) A lienor must accept either a copy of an electronic title or a paper title as evidence of a
person's interest in a vehicle or vessel.