Towing Permit Issued to TREMONT TOWING, INC From August 1, 2022 to July 31, 2025 �oL - 33 ►® 1,,
CITY OF MIAMI BEACH
POLICE DEPARTMENT AND PARKNG DEPARTMENT
TOWING PERMIT (FROM AUGUST 1, 2022, TO JULY 31, 2025)
REVISED AS OF JUNE 2024
PERMIT ISSUED TO:
BEACH TOWING SERVICES, INC.
PERMITTEE'S REPRESENTATIVES/TITLE:
MICHAEL A. FESTA, PRESIDENT
PERMITTEE'S ADDRESS:
1349 DADE BOULEVARD, MIAMI BEACH, FL, 33139
PERMIT TERM:
THIS TOWING PERMIT HAS A THREE (3) YEAR TERM, EFFECTIVE AUGUST 1, 2022
ALL REQUIREMENTS, PROVISIONS, FEES, AND TERMS OUTLINED IN THE
ADMINISTRATIVE RULES AND REGULATIONS FOR POLICE TOWING PERMIT ARE
HEREBY IN FORCE AND EFFECT AS OF AUGUST 1, 2022 AND INCORPORATED BY
REFERENCE HEREIN. PERMITTEE, AS EVIDENCED BY ITS EXECUTION OF THIS PERMIT
BELOW, HEREBY AGREES TO COMPLY WITH ALL TERMS AND CONDITIONS SET FORTH
IN THE ADMINISTRATIVE RULES AND REGULATIONS FOR POLICE TOWING PERMIT, AS
SAME MAY BE AMENDED FROM TIME TO TIME DURING THE PERMIT TERM.
IN WITNESS WHEREOF, THE CITY HAS CAUSED THIS PERMIT TO BE SIGNED BY ITS
MAYOR AND CITY CLERK, AND THE PERMITTEE HAS CAUSED THIS PERMIT TO BE
SIGNED IN ITS NAME, BY ITS DULY AUTHORIZED REPRESENTATIVE.
PERMITTEE:
CITY: •
MICHAEL A. FE , PRESIDENT STEVEN MEINER, MAYOR
ATTEST: ATTEST:
JUL 1 2 2024
SECRETARY RAFAEL E. GRANADO, CITY CLERK
PRINT NAME _\P )�• 1cS
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CITY OF MIAMI BEACH
ADMINISTRATIVE RULES AND REGULATIONS
FOR
POLICE AND PARKING TOWING PERMITS
REVISED AS OF JUNE 2024
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
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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
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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 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."
4. INDEMNIFICATION/HOLD HARMLESS AND INSURANCE REQUIREMENTS
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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. The indemnification provisions of this
Section 4 shall survive expiration or revocation of the Permit.
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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
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,
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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.
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
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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
do 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@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.
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
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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
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.
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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.
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.
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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
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:
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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
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).
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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
46-151 through 46-162, and as same may be amended from time to time) may
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
•
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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 onimpounded 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
designee may request that it be stored at Permittee's authorized storage area, within
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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.
Notwithstanding anything to the contrary contained herein, in accordance with
Section 323.001(8), Florida Statutes, if a vehicle is stored at Permittee's facility pursuant
to an investigatory hold or a hold for other evidentiary purposes, the investigating
agency or other person requiring such hold must take possession of the vehicle within
30 days after the first day on which the vehicle is stored, unless another timeframe is
otherwise agreed upon by the Permittee and the investigating agency or other person
requiring the hold.
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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.
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
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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
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
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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.
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
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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.
(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
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•
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.
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.Minimurp 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.
13.0ne four-way lug wrench.
14.One flashlight.
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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
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
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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.
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.
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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
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-
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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).
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.
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
Permittee not offer this type of recovery service, the City then authorizes the Permittee
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.
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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
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.
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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. Permittee shall allow impounded vehicles or vessels
to be inspected in accordance with Section 713.78(10), Florida Statutes.
19. VEHICLE RELEASES
Permittee shall release an impounded vehicle, vessel, or all personal property not
affixed to the vehicle or vessel, in accordance with Section 713.78(10), Florida Statutes.
Notwithstanding the preceding, in the event of release of a rental vehicle or vessel
pursuant to F.S. 713.78(10), Permittee shall not require that a written agreement
produced by a renter, evidencing that the renter is an agent of the rental vehicle or
vessel owner for purposes of releasing the vehicle/vessel, be notarized, as is within
Permittee's discretion pursuant to F.S. 713.78(10). The foregoing notwithstanding, if
Permittee has reasonable suspicion or doubt concerning the authenticity of the written
agreement, the identity of the presenter, or the legitimacy of the agency relationship
based upon the form of the documents or circumstances surrounding the presentation
of same, then Permittee may in its discretion decline to release the rental vehicle or
vessel so long as said suspicion or doubt is reasonable under the circumstances. The
Permittee shall not release any vehicle that has an active "police hold".
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.
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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.
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,
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
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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
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;
•
29
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
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.
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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
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 misconductof the City.
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):
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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 $258.00
Tow Rate Class "B" Tow Truck
Including first 30 minutes at the scene $258.00
Tow Rate Class "C" Tow Truck
Including first 30 minutes at the scene $283.00
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$335.00.
Tow Rate Class "D" Tow Truck
Including first 30 minutes at the scene $464.00
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$515.00.
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:
32
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
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 $21.00
(b) Any vehicle less than 20 $41.00
feet in length and 8 feet in width
(c) Any vehicle over 20 feet in length $41.00
Boat and Trailer
(a) Unit under 20 feet in length $41.00
(b) Unit 21 feet to 35 feet in length $41.00
(c) Unit over 35 feet in length $46.00
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 dOnsumes more than thirty (30) minutes, an extra waiting time
or extra labor charge, per fifteen (15) minutes or any fraction thereof, may
33
be assessed (commencing thirty (30) minutes after arrival at the scene) at
the rate of $17.00 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.
3. Administrative Fee:
Pursuant to Section 713.78(2)(b), 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 the fees specified in
Section 713.78(2)(a). 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 $110.00 administrative fee plus the actual costs of
complying with Section 713.78, Florida Statutes. "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. Permittee voluntarily agrees not
to impose the administrative fee 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 $110.00
administrative fee, residents must provide proof of residency within the
City of Miami Beach, and their driver's license information must match the
registration ihformation of the towed vehicle.
4. City Permit Fee:
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Permittee will impose and collect on behalf of the City a Permit Fee of
$31.00.
5. Indexing Provision:
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
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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
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
36
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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
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.
9. Flash Flood Warning Resident Rate
In the event the National Weather Service issues a Flash Flood Warning
for an area that includes the City, during, such period, Permittee agrees to
tow any vehicle owned by a resident that is disabled in flood waters within
the City to any location within the limits of the City for the discounted rate
of $50.00. In order to be eligible for the discounted rate of $50.00,
residents must provide proof of residency within the City, and their driver's
license information must match the registration information of the towed
vehicle.
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.
In accordance with Section 713.78(19)(a), Florida Statutes, Permittee must
accept payment for accrued charges from a person listed in Section 713.78(10), Florida
Statues, in any form from at least two of the following paragraphs:
1. Cash, cashier's check, money order, or traveler's check.
37
2. Bank, debit, or credit card.
3. Mobile payment service, digital wallet, or other electronic payment system.
Notwithstanding anything to the contrary contained in Section 713.78(19), Florida
Statutes, Permittee agrees to 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. In accordance with Section
713.78(19)(b), Florida Statutes, any of the authorized persons listed in Section
713.78(10), Florida Statutes, are not required to furnish more than one form of current
government-issued photo identification when payment is made in any of the forms listed
herein. '
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
38
"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
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.
39
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.
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,
40
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.
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.
41
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
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
42
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
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
43
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
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.
44
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,
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
45
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
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
46
Regulations and, in which case, the Administrative Rules and Regulations shall
govern.
47
RESOLUTION NO. 2024-33102
•
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, APPROVING AMENDMENT NO... 1 TO THE CITY'S
ADMINISTRATIVE RULES AND REGULATIONS FOR POLICE AND PARKING
TOWING PERMITS; SAID AMENDMENT NECESSARY TO CONFORM WITH
CERTAIN PROVISIONS OF THE RULES AND REGULATIONS TO NEWLY
ENACTED STATE LAW(HOUSE BILL NO. 179);AND FURTHER APPROVING
AN INCREASE IN BEACH TOWING SERVICES, INC.'S AND TREMONT
TOWING INC.'S (PERMITTEES)ADMINISTRATIVE FEE FOR NON-RESIDENT
TOWS FROM THE CURRENT $77, TO $110 CONDITIONED ON THE
PERMITTEES' AGREEMENT TO A $50 FLAT RATE TOW FOR CITY
RESIDENTS DURING FLOODS AND OTHER SPECIFIED SEVERE WEATHER
EVENTS; WITH SAID AMENDMENT, INCREASED ADMINISTRATIVE FEES
AND FLAT RATE TOWING FEES FOR RESIDENTS TO TAKE EFFECT ON
JULY 1, 2024.
WHEREAS, Chapter 106, Article V, Division 2 of the City Code, provides for the
issuance of towing permits for the towing of vehicles identified by the City as requiring
removal from the public right of way (the "Police and Parking Towing Permits" or "Towing
Permits"); and
WHEREAS, on June 22, 2022, pursuant to Resolution No. 2022-32206, the Mayor
and City Commission approved the issuance of new Towing Permits to Beach Towing
Services, Inc., and Tremont Towing, Inc., (the "Permittees"), for a three (3) year term,
commencing August 1, 2022; and
WHEREAS, the City Code, also provides for the promulgation of •rules and
regulations, as may be necessary, to govern the discharge of towing and/or storage of
vehicles identified by the City's Police Department or the City's Parking Departments as
requiring removal from the public right of way (the "Administrative Rules and Regulations");
and
WHEREAS, the latest version of the Administrative Rules and Regulations was
adopted on June 22, 2022, pursuant to Resolution No. 2022-32206; and
• WHEREAS, on March 22, 2024, Governor Ron DeSantis signed into law Committee
Substitute for House Bill No. 179, which will take effect on July 1, 2024 ("HB 179"); and
WHEREAS, HB 179 will impact towing companies and, specifically, the Permittees'
operations by among other things:(1.) reducing the period for pending lien notices from seven
(7) to five (5) days; (2.) clarifying that a rental car agreement shall not longer be considered
as proof that a renter is an agent of the vehicle or authorized vehicle owner; (3.) establishing
• requirement for cities and counties to post their Maximum Allowable (Towing) Rates and rate
dispute procedure on their governmental websites; (4.) establishing required forms of •
payment; and (5.) establishing miscellaneous other regulatory requirements; and
WHEREAS, after reviewing HB 179, it has been determined that several of the
provisions in the Administrative Rules and Regulations conflict with HB 179; an amendment
. to the Rules and Regulations is therefore necessary to comply with State Law; and
WHEREAS, the Permittees have notified the City's Parking Department that their
compliance with HB 179, together with sustained inflation and rising insurance, equipment,
and labor costs, places an "untenable financial burden" on them; and
WHEREAS, as a result, the Permittees have represented that they can no longer
afford the current$77(currently as of October 1,2023 due to an increase in the Consumer Price
Index ("CPI")) Administrative Fee; to remain financially viable, they have requested that the
Mayor and City Commission approve an increase to the Administrative Fee charged for non-
resident tows from the current$77, to $150, effective July 1, 2024.
WHEREAS, the Administrative Fee for City residents would remain at the current rate of
$77, and subject to future CPI increases; and
WHEREAS, to remain financially viable and to continue to provide the expected levels of
service to the City, the Permittees have represented that they must increase the Administrative
Fee,for non-City resident tows only, to $150; and
WHEREAS, as a result of these discussions, the Administration and the Permittees have
agreed to the following (subject to City Commission consideration):
• $110 Administrative Fee, for non-City residents, which reflects a 43% increase
from the current amount of$77, and a 27% decrease from the Permittee's requested
amount of$150; and
• $50 flat rate tow for City residents to any location within City limits as a result of a
flood event,tropical storm, hurricane, or natural disaster, as indicated via a flash flood
warning, flash flood emergency via the National Weather Service ("NWS") and/or a
state of emergency declaration issued by the City, Miami-Dade County, State of
Florida, and/or the United States government.
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:
(1.) Approve Amendment No. 1 to the City's Administrative Rules and Regulations for Police
and Parking Towing Permits;said amendment required in order to comply with State Law
(newly enacted HB 179), and to take effect on July 1, 2024;
(2.) As requested by the City's Towing Permittees, Beach Towing Services, Inc.and Tremont
Towing, Inc., the Mayor and City Commission hereby approve an increase to the
Administrative Fee, for non-resident tows only, from $77 to $110, with such increase to
be effective on July 1, 2024; and
(3.) In consideration of, and as a condition to,the Administrative Fee increase,the permittees
have agreed to a $50 flat rate tow for City residents to any location within City limits as a
result of a flood event, tropical storm, hurricane, or natural disaster, as indicated via a
flash flood warning, flash flood emergency via the National Weather Service ("NWS")
and/or a state of emergency declaration issued by the City, Miami-Dade County, State
of Florida, and/or the United States government.
PASSED and ADOPTED this _ day of J Nh[ 2024.
ATTEST
7111
Steven Meiner, Mayor
J�JL -� 3 7024
Rafael E. Granado, City Clerk
RW/DM/JRG =`)• eS'�-'
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APPROVED AS TO
FORM&LANGUAGE
&FOR EXECUTION
City Attorney Date
•
Resolutions-C7 T
MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Rickelle Williams, Interim City Manager /E W
DATE: June 26, 2024
TITLE: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, APPROVING AMENDMENT NO. 1 TO THE CITY'S
ADMINISTRATIVE RULES AND REGULATIONS FOR POLICE AND PARKING
TOWING PERMITS; SAID AMENDMENT NECESSARY TO CONFORM WITH
CERTAIN PROVISIONS OF THE RULES AND REGULATIONS TO NEWLY
ENACTED STATE LAW(HOUSE BILL NO. 179);AND FURTHER APPROVING AN
INCREASE IN BEACH TOWING SERVICES, INC.'S AND TREMONT TOWING
INC.'S (PERMITTEES) ADMINISTRATIVE FEE FOR NON-RESIDENT TOWS
FROM THE CURRENT $77, TO $110 CONDITIONED ON THE PERMITTEES'
AGREEMENT TO A $50 FLAT RATE TOW FOR CITY RESIDENTS DURING
FLOODS AND OTHER SPECIFIED SEVERE WEATHER EVENTS; WITH SAID
AMENDMENT, INCREASED ADMINISTRATIVE.FEES AND FLAT RATE TOWING
FEES FOR RESIDENTS TO TAKE EFFECT ON JULY 1, 2024.
RECOMMENDATION
The City Administration ("Administration") recommends that the Mayor and City Commission
("City Commission")adopt the Resolution.
BACKGROUND/HISTORY
The City of Miami Beach ("City")is authorized to issue towing permits for the discharge of towing
and/or storage of vehicles identified by the City's Police Department or Parking Department,
required.for the removal of vehicles from the public rights-of-way(the"Towing Permits").
The City currently issues Towing Permits to the following two (2) providers which satisfy all of the
City's requirements, both in the City Code and pursuant to the City's Administrative Rules and
Regulations for Police and Parking Towing Permits(the"Administrative Rules and Regulations"):
1.) Beach Towing Services, Inc. and 2.)Tremont Towing, Inc. (the"Permittees").
The Permittees work closely with the City's Police and Parking departments, respectively, and
have consistently provided•good and capable service to the City. Most recently, in response to
the severe flooding that occurred in Miami Beach, the Permittees volunteered to offer their
services, free of charge, to assist residents with towing their stalled vehicles out of floodwaters.
• On.June 4, 2024, the Administration received a letter(Attachment A)from the Permittees' legal
counsel, Rafael Andrade, Esq., regarding a newly enacted State Law, Committee Substitute for
. House Bill No. 179 ("HB 179") (Attachment B),which will take effect on July 1, 2024, and which
will impact the City and the Permittees in several ways, including the City's current Administrative
Rules and Regulations.
ANALYSIS
•
HB 179 resulted from extensive lobbying efforts by rental car companies, Including, but not limited
to, Enterprise, Alamo, and National rental car corporations. The resulting State law requires
amending-the City's Administrative Rules and Regulations, since some existing provisions will, as
• of July 1, 2024, be in conflict with the new State law. In summary, the proposed amendments
included in HB 179 and their impact on the City's Administrative Rules and Regulations are as
follows:
1.) Counties or municipalities that establish Maximum Allowable rates will be required to post
the rates on their websites, as well as the process they follow for complaints regarding
fees charged in excess of the rates. It should be noted that the City is in compliance with
this requirement, as rates and a complaint process are currently Included in the Towing
Bill of Rights posted on the City's website, thus this new provision in the law does not
require an amendment to the City's Administrative Rules and Regulations; and
2.) Towing companies/Permittees are now required to send lien notices (for unclaimed
vehicles or for which charges for towing or storage services remain unpaid)within five (5)
calendar days, rather than the current seven (7) days. Note this new provision does not
require an amendment to the City's Rules and Regulations, simply compliance by the
Permittees; and
3.) For purposes of releasing a towed vehicle, Tow companies/Permittees may no longer
accept a rental car agreement from a renter of the vehicle as evidence that the person
who rented the vehicle is an agent of the rental vehicle. Instead, the renter of a vehicle
must now present a notarized agreement evidencing that the renter is an agent of the
vehicle. This amendment to the current law will greatly impact the City and further
investigation will be required to determine what, in effect, will be satisfactory proof under
the new law for a renter to present to a tow company in order to obtain a release of their
rental vehicle. Note this new provision in the law requires an amendment to the City's
Rules and Regulations;and
4.) Tow companies/Permittees are authorized under HB 179 to accept two (2) forms of
payment from a list that includes(i)cash,cashier's check,money order or traveler's check,
(ii). bank, debit, or credit card, and (iii) mobile payment service, digital wallet or other
electronic payment system. Currently, the City's Administrative Rules and Regulations do
not include mobile payment, digital wallet or other electronic payment systems, thus, an
amendment to the City's Administrative Rules and Regulations is required to include these
new forms of payment which the Permittees have expressed that they would accept. It is
important to note that in addition to(i)and(iii),the Permittees will continue to accept credit
card and debit card payments from City residents only,and only debit card payments from
Miami-Dade County residents.
In addition to the above, the Permittees have requested, via the June 4, 2024 letter to the Interim
City Manager, that the City approve an increase to the Administrative Fee, for non-resident tows,
from $75 (currently $77 as of October 1, 2023 due to an increase in the Consumer Price Index
("CPI"))to$150.The Administrative Fee for City residents would remain at the current rate of$77,
and subject to future CPI increases. The Permittees recently met with the City's Parking
Department staff and stated,that the proposed increase in the Administrative Fee for non-City
residents is necessary as compliance with.HB 179 (particularly in terms of the reduced time for
filing notices of lien)will increase their operating costs.Additionally, the Permittees represented
that rising operating costs due to sustained Inflation and rising insurance, equipment, and labor
costs have created a financial burden.To remain financially viable and to continue to provide the
expected levels of service to the City,the Permittees have represented that they must increase the
Administrative Fee,for non-City resident tows only,to$150.On June 17,2024,the Permittees'legal
counsel, Rafael Andrade, Esq., provided an email to the Administration with an attached letter
(Attachment C), dated February 26,2024,from Chase Insurance Agency, Inc. addressed to Beach
Towing Services, inc.with a breakdown of Beach Towing's annual insurance premiums for the last
five(5)years.The letter documents a significant increase from$168,397 in 2023/2024 to$410,677
in 2024/2025 (an increase of approximately $242,000 over a one (1) year period). Beyond the
letter, the Permittees have nOt provided any additional evidence, empirical data, or costs to further
substantiate their claim. Notwithstanding, the Administration has negotiated in good faith with the
Permittees' legal counsel. As a result of these discussions, the Administration and the Permittees
have agreed to the following (subject to City Commission consideration): •
• Administrative Fee of$110,for non-City resident tows,which reflects a 43% increase from
the current amount of$77, and a 27% decrease from the Permittee's requested amount
of$150; and
• Flat rate tow of$50, for City residents only, to any location within City limits as a result of •
a flood event, tropical storm, hurricane, or natural,disaster, as indicated via a flash flood
warning, flash flood emergency via the National Weather Service("NWS")and/or a state
of emergency declaration issued by the City, Miami-Dade County, State of Florida, and/or
the United States government.
FISCAL IMPACT STATEMENT
N/A
Does this Ordinance require a Business Impact Estimate?
(FOR ORDINANCES ONLY)
The Business Impact Estimate(BIE)was published on . See BIE at:
https://www.miamibeachfl.gov/city-hall/city-clerk/meeting-notices/
FINANCIAL INFORMATION
N/A
CONCLUSION
The proposed amendments to the City's Administrative Rules and Regulations are necessary in
order to comply with the new State law resulting from HB 179, which will take effect on July 1,
2024. With regard to the Permittees' requested increase in the Administrative Fee; for non-City
resident tows• only, 'from $75 (currently $77 as of October 1, 2023 due to an increase in the
Consumer Price Index("CPI"))to$150,the Permittees have stated that the increase is necessary in
order for them to remain financially viable, and to continue to provide the City with the expected
levels of service. The Administrative Fee for City residents would remain at the current rate of
$77, and subject to future CPI.increases.
The Administration has negotiated in good faith with the Permittees legal counsel;and,as a result,
the Administration and the Permittees have agreed, subject to City Commission consideration,to an
•
Administrative Fee of$110,for non-City resident tows, and a flat rate tow of$50,for City residents
only, to any location within City limits as a.result of a flood event, tropical storm, hurricane, or
natural disaster, as indicated via a flash flood warning, flash flood emergency via the National
Weather Service("NWS")and/or a state of emergency declaration issued by the City, Miami-Dade
County, State of Florida, and/or the United States government.
It should be noted that the Permittees are the only two(2)service providers which satisfy.the City's
• towing requirements under the City Code and the City's Administrative Rules and Regulations.
Further,the Permittees have and are providing good and capable towing services to the City, and
these services continue to be necessary.
The attached Resolution for City Commission consideration sets forth the necessary amendments
to the City's Administrative Rules and Regulations. The City's Administrative Rules and
Regulations will be amended administratively prior to the new State law taking effect on July 1,
2024.
The Administration recommends that the City Commission approve Amendment No. 1 to the City's
Administrative Rules and Regulations; said Amendment necessary to conform with certain provision
of the rules and regulations to newly enacted Sate law (House Bill 179); and further approving an
increase in the Permittees'Administrative Fee for non-City resident tows from the current$77 to$110.,
conditioned on the Permittees agreement to a $50 flat rate tow for City residents during floods and
other specified severe weather events; with said amendment, increased Administrative Fees and flat
rate towing fees for residents to take effect on July 1,2024.
Since the new law,.HB 179,shortens the time for the towing companies(Permittees)to file a Notice
of Lien (for unpaid charges) from 7 to 5 days, Permittees have informed the City that they can
longer agree to maintain the voluntary'36 hour waiting period (i.e. within which to delay sending
the lien notices) set forth in the current Administrative Rules and Regulations. Therefore, this
Supplemental Memorandum will amend the original Commission Memorandum to advise the
Mayor and City Commission that a further amendment to the Administrative Rules and Regulations
will be necessary to eliminate and delete the language requiring the 36 hour voluntary hold(which
language is found in Section 22(C)(3)of the Rules and Regulations).
After meeting with Permittees, the Administration has no objection to the above amendment.
Applicable Area
Citywide
Is this a"Residents,Right to Know" item, Is this item related to a G.O. Bond Project:
pursuant to City Code Section 2-17? No
Yes
Was this Agenda Item initially requested by a lobbyist which, as defined in Code Sec.2-481,
includes a principal engaged in lobbying? Yes
If so, specify the name of lobbyist(s)and principal(s): Ralph Andrade
Department
Parking
Sponsor(s)
Co-sponsor(s)
Resolutions-C7 T
MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Rickelle Williams, Interim City Manager
DATE: June 26, 2024
TITLE: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, APPROVING AMENDMENT NO. 1 TO THE CITY'S
ADMINISTRATIVE RULES AND REGULATIONS FOR POLICE AND PARKING
TOWING PERMITS; SAID AMENDMENT NECESSARY TO CONFORM WITH
CERTAIN PROVISIONS OF THE RULES AND REGULATIONS TO NEWLY
ENACTED STATE LAW(HOUSE BILL NO. 179);AND FURTHER APPROVING AN
INCREASE IN BEACH TOWING SERVICES, INC.'S AND TREMONT TOWING
INC.'S (PERMITTEES) ADMINISTRATIVE FEE FOR NON-RESIDENT TOWS
FROM THE CURRENT $77, TO $110 CONDITIONED ON THE PERMITTEES'
AGREEMENT TO A $50 FLAT RATE TOW FOR CITY RESIDENTS DURING
FLOODS AND OTHER SPECIFIED SEVERE WEATHER EVENTS; WITH SAID
AMENDMENT, INCREASED ADMINISTRATIVE FEES AND FLAT RATE TOWING
FEES FOR RESIDENTS TO TAKE EFFECT ON JULY 1,2024.
RECOMMENDATION
The City Administration ("Administration") recommends that the Mayor and City Commission
("City Commission")adopt the Resolution.
BACKGROUND/HISTORY
The City of Miami Beach ("City")is authorized to issue towing permits for the discharge of towing
and/or storage of vehicles identified by the City's Police Department or Parking Department,
required for the removal of vehicles from the public rights-of-way (the"Towing Permits").
The City currently issues Towing Permits to the following two(2)providers which satisfy all of the
City's requirements, both in the City Code and pursuant to the City's Administrative Rules and
Regulations for Police and Parking Towing Permits(the"Administrative Rules and Regulations"):
1.)Beach Towing Services, Inc. and 2.)Tremont Towing, Inc. (the"Permittees").
The Permittees work closely with the City's Police and Parking departments, respectively, and
have consistently provided good and capable service to the City. Most recently, in response to
the severe flooding that occurred in Miami Beach, the Permittees volunteered to offer their
services, free of charge, to assist residents with towing their stalled vehicles out of floodwaters.
On June 4, 2024, the Administration received a letter(Attachment A)from the Permittees' legal
counsel, Rafael Andrade, Esq., regarding a newly enacted State Law, Committee Substitute for
House Bill No. 179 ("HB 179") (Attachment B), which will take effect on July 1, 2024, and which
will impact the City and the Permittees in several ways, including the City's current Administrative
Rules and Regulations.
ANALYSIS
Page 583 of 1862
HB 179 resulted from extensive lobbying efforts by rental car companies, Including, but not limited
to, Enterprise, Alamo, and,National rental car corporations. The resulting State law requires
amending the City's Administrative Rules and Regulations, since some existing provisions will,
as of July 1, 2024, be in conflict with the new State law.in summary, the proposed amendments
included in HB 179 and their impact on the City's Administrative Rules and Regulations are as
follows:
1.) Counties or municipalities that establish Maximum Allowable rates will be required to post
. the rates on their websites, as well as the process they follow for complaints regarding
fees charged in excass of the rates. It should be noted that the City is in compliance with
this requirement, as rates and a complaint process are currently included in the Towing
Bill of Rights posted on the City's website, thus this new provision in the law does not
require an amendment to the City's Administrative Rules and Regulations; and
2.) Towing companies/Permittees are now required to send lien notices (for unclaimed
vehicles or for which charges for towing or storage services remain unpaid)within five(5)
calendar days, rather than the current seven (7) days. Note this new provision does not
require an amendment to the City's Rules and Regulations, simply compliance by the
Permittees; and
3.) For purposes of releasing a towed vehicle, Tow companies/Permittees may no longer
accept a rental car agreement from a renter of the vehicle as evidence that the person
who rented the vehicle is an agent of the rental vehicle. Instead, the renter of a vehicle
must now present a notarized agreement evidencing that the renter Is an agent of the
vehicle. This amendment to the current law will greatly impact the City and further
investigation will be`required to determine what, in effect, will be satisfactory proof under
the new law for a renter to present to a tow company in order to obtain a release of their
rental vehicle. Note this new provision in the law requires an amendment to the City's
Rules and Regulations; and
4.) Tow companies/Pe'rmittees are authorized under HB 179 to accept two (2) forms of
payment from a list that includes(i)cash,cashier's check,money order or traveler's check,
(II) bank, debit, or credit card, and (iii) mobile payment service, digital wallet or other
electronic payment system. Currently, the City's Administrative Rules and Regulations do
not include mobile payment, digital wallet or other electronic payment systems, thus, an
amendment to the City's Administrative Rules and Regulations is required to include these
new forms of payment which the Permittees have expressed that they would accept. It is
important to note that in addition to(i)and(iii),the Permittees will continue to accept credit
card and debit card payments from City residents only, and only debit card payments from
Miami-Dade County residents.
•
In addition to the above,the Permittees have requested,via the June 4,2024 letter to the Interim
City Manager,that the City approve an increase to the Administrative Fee,for non-resident tows,
from $75 (currently $77 as of October 1., 2023 due to an increase in the Consumer Price Index
("CPI"))to$150.The Administrative Fee for City residents would remain at the current rate of$77,
and subject to future CPI increases. The Permittees recently met with the City's Parking
Department staff and stated that the proposed increase in the Administrative Fee for non-City
residents is necessary as compliance with HB 179 (particularly in terms of the reduced time for
filing notices of lien)will increase their operating costs. Additionally, the Permittees represented
that rising operating costs due to,sustained inflation and rising insurance, equipment, and labor
costs have created a financial burden.To remain financially viable and to continue to provide the
expected levels of service to the City, the Permittees have represented that they must increase
the Administrative Fee,for non-City resident tows only,to$150.On June 17,2024,the Permittees'
legal counsel, Rafael Andrade, Esq., provided an email to the Administration with an attached
Page 584 of 1862
•
letter (Attachment C), dated February 26, 2024, from Chase Insurance Agency, Inc. addressed
to Beach.Towing Services, Inc.with a breakdown of Beach Towing's annual insurance premiums
for the last five(5)years.The letter documents a significant increase from$168,397 in 2023/2024
to $410,677 in 2024/2025 (an increase of approximately $242,000 over a one (1) year period).
Beyond the letter, the Permittees have not provided any additional evidence, empirical data, or
costs to further substantiate their claim. Notwithstanding, the Administration has negotiated in
good faith with the Permittees' legal counsel. As a result of these discussions, the Administration
and the Permittees have agreed to the following (subject to City Commission consideration):
• Administrative Fee of$110,for non-City resident tows,which reflects a 43% increase from
the current amount.!of$77, and a 27% decrease from the Permittee's requested amount
of$150; and
• Flat rate tow of$50, for City residents only, to any location within City limits as a result of
a flood event, tropical storm, hurricane, or natural disaster, as indicated via a flash flood
warning, flash flood emergency via the National Weather Service ("NWS")and/or a state
of emergency declaration issued by the City, Miami-Dade County, State of Florida, and/or
the United States government.
•
FISCAL IMPACT STATEMENT
N/A
•
Does this Ordinance require a Business Impact Estimate? •
(FOR ORDINANCES ONLY)
The Business Impact Estimate (BIE)was published on . See,BIE at:
https://www.miamibeachfl.gov/city-hall/city-cierk/meeting-notices/
FINANCIAL INFORMATION
. N/A .
CONCLUSION
The proposed amendments to the City's Administrative Rules and Regulations are necessary in
order to comply with the new State law resulting from HB 179, which will take effect on July 1,
2024. With regard to the Permittees' requested increase in the Administrative Fee, for non-City
resident tows only, from $75 (currently $77 as of October 1, 2023 due to an increase in the
Consumer Price Index("CPR"))to$150,the Permittees have stated that the increase is necessary
in order for them to remain financially viable, and to continue to provide the City with the expected
levels of service. The Administrative Fee for City residents would remain at the current rate of
$77, and subject to future CPI increases.
The Administration has negotiated in good faith with the Permittees legal counsel;and,as a result, •
the Administration and the Permittees have agreed,subject to City Commission consideration,to
an Administrative Fee of $110, for non-City resident tows, and a flat rate tow of $50, for City
residents only, to any location within City limits as a result of a flood event, tropical storm,
hurricane, or natural disaster, as indicated via a flash flood warning, flash flood emergency via
the National Weather Service("NWS")and/or a state of emergency declaration issued by the City,
Miami-Dade County, State of Florida, and/or the United States government.
Page 585 of 1862
It should be noted that the Permittees are the only two (2) service providers which satisfy the
City's towing requirements under the City Code and the City's Administrative Rules and
Regulations. Further, the Permittees have and are providing good and capable towing services
to the City, and these services continue to be necessary.
The attached Resolution for City Commission consideration sets forth the necessary amendments
to the City's Administrative Rules and Regulations. The City's Administrative Rules and
Regulations will be amended administratively prior to the new State law taking effect on July 1,
2024.
•
The Administration recommends that the City Commission approve Amendment No. 1 to the
City's Administrative Rules and Regulations; said Amendment necessary to conform with certain
provision of the rules and regulations to newly enacted Sate law (House Bill 179); and further
approving an increase in the Permittees' Administrative Fee for non-City resident tows from the
current $77 to $110, conditioned on the Permittees' agreement to a $50 flat rate tow for City
residents during floods and other specified severe weather events; with said amendment,
increased Administrative Fees and flat rate towing fees for residents to take effect on July 1,2024.
Applicable Area
Citywide
Is this a "Residents Right to Know" item, Is this item related to a G.O. Bond •
pursuant to City Code Section 2-17? Project?
Yes No
Was this Agenda Item initially requested by a lobbyist which,as defined in Code Sec. 2-481,
includes a principal engaged in lobbying? Yes
If so, specify the name of lobbyist(s)and principal(s): Ralph Andrade
Department
Parking
Sponsors)
Co-sponsor(s)
•
Page 586 of 1862
ATTACHMENT A
LAW OFFICES OF RAFAEL E.ANDRADE, P.A.
1688 MERIDIAN AVENUE
• 7TH FLOOR
MIAMI BEACH. FLORIDA 33139
TELEPHONE:305.531.951 1 WWW.RANDRADELAW.COM
FACSIMILE:305.673.5734 RALPH@RANDRADELAW.COM
June 4,2024
Via Email: RickelleWilliamsaa,,miamibeachfl.2ov
Ms. Rickelle Williams, City Manager
City of Miami Beach
1700 Convention Center Drive
Miami Beach, FL 3319
Re: Committee Substitute for Committee Substitute for House Bill No. 179
Dear Manager Williams:
I represent the interests of Tremont Towing, Inc., and Beach Towing Services, Inc.,
(collectively, the "Tow Companies") regarding their Towing Permit's with the City. Committee
Substitute for Committee Substitute for House Bill No. 179 was signed into law by Governor
Ron DeSantis on March 22, 2024, and takes effect July 1, 2024 ("HB 179"). Enclosed, please
find a copy of HB 179.
HB 179, among other things, impacts the Tow Companies existing operations by: (i)
reducing the period for sending lien notices from 7 days to 5 days;1 (ii) clarifying that a rental
agreement is not evidence that a renter is an agent of the vehicle or vessel owner; (iii)
establishing record keeping requirements; (iv) establishing required forms of payment; (v) and
establishing miscellaneous regulatory requirements. Several sections of the Towing Permit
conflict with HB 179 and must be amended to comply with the new law by July 1,2024.
The Tow Companies compliance with HB 179 will increase their operating costs, which,
together with sustained inflation and rising insurance, equipment, and labor costs, places an
untenable financial burden on them. In this regard, it is vital to note that when the Towing
Permits were issued in June 2022, the Tow Companies vohintarily agreed to discount the F.S.
713.78(15)(a) administrative fee from $250 to $75,2 and to delay sending the lien notices by 36
hours.3 However, due to HB 179, the Tow Companies can no longer afford to so deeply discount
the administrative fee, or to delay sending the lien notices. To comply with the new requirement
to send lien notices within 5 days,and remain financially viable,the Tow Companies must adjust
the administrative fee for non-resident tows to $150 and eliminate the 36-hour waiting period.
All other rates remain the same. Please note that even with this adjustment, the Tow Companies
are still voluntarily discounting 40%off the$250 administrative fee.
l Pursuant to Section 713.78(12)(a), Florida Statutes, any person who violates Section 713.78(4),
Florida Statutes, is guilty of a misdemeanor of the first degree.
2 Section 713.78(15)(a), Florida Statutes; Section 22(C)(3)of the Towing Permit(attached).
3 Section 22(C)(3) of the Towing Permit.
Page 587 of 1862
•
Enclosed, please find a proposed amendment to the Towing Permit for your review and
consideration. As always, the Tow Companies are available to meet with the City to discuss the
implementation of HB 179 and any other matters of concern to the.City. The T.ow Companies .
Iooks forward to continuing to serve the City and being an integral part of the City's public
safety efforts.
Thank you for your attention to this matter.
Sincerely,
/s/Rafael E. Andrade
Rafael E.Andrade
cc: Ricardo J. Dopico, City Attorney
David Martinez,Assistant City Manager
Jose R.Gonzalez, Parking Director
Alberto Ventura,Assistant Parking Director
Page 588 of 1862
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:
35
Page 589 of 1862
ATTACHMENT B
CHAPTER 2024-27
Committee Substitute for
Committee Substitute for House Bill No. 179
An act relating to:towing and storage; amending ss. 125.0103 and 166.043,
F.S.; requiring certain counties and municipalities to publish specified
rates on their websites and establish a specified process; providing that
rates established by the Division of Florida Highway Patrol apply to
certain areas of the state; amending s. 321.051, F.S.; prohibiting the
division from excluding certain wrecker operators from the wrecker •
operator system or failing to designate certain wrecker operators as
authorized wrecker operators; providing exceptions; requiring, rather
than authorizing; the division to establish certain maximum rates;
requiring the Department of Highway Safety and Motor Vehicles to
publish such rates on its website and establish a specified process;
amending s. 323.001, F.S.; requiring an investigating agency or certain
other persons to take possession of certain vehicles within a specified
timeframe,unless another timeframe is otherwise agreed upon;amending
s. 713.78, F.S.; providing and reordering definitions; authorizing towing-
storage operators to charge certain fees; providing that towing-storage
operators have a lien on a vehicle or vessel for such fees; authorizing
towing-storage operators to enter, using reasonable care, a vehicle or
vessel for specified purposes; providing liability under certain circum-
stances; revising requirements for law enforcement agencies, counties,
municipalities, and the department relating to the removal of vehicles or
vessels; revising requirements for notices of lien; revising requirements
for towing-storage operators providing notice to public agencies of
jurisdiction; authorizing certain persons and entities to initiate judicial
proceedings to determine certain findings; authorizing certain persons
' and entities to post,'without first initiating judicial proceedings; a cash or
surety bond for a certain amount to have a vehicle or vessel released;
prohibiting the requirement to initiate judicial proceedings in order to post
such bond and the requirement to use a particular form; requiring the
clerk of the court to automatically issue a certificate notifying a towing-
storage operator to release the vehicle or vessel; requiring the party that
posts the bond to give a receipt to the towing-storage operator reciting any
property loss or damage to the vehicle or vessel or the contents thereof,
and waiving such claims if such receipt is not provided;requiring a towing-
storage operator to release or return the vehicle or vessel to the interested
party that posted the bond; requiring the clerk of the court to release the
cash bond or issue a specified notice relating to the surety bond to the
towing-storage operator if the interested party does not initiate judicial
proceedings within a certain timeframe; providing obligations relating to
such notice; providing for expiration of such notice; requiring the court to
award all recovery,towing,and storage fees to the towing-storage operator
if the defendant prevails in the judicial proceedings; revising the time-
frame in which certain unclaimed vehicles or vessels may be sold;revising
1
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Page 590 of 1862
Ch. 2024-27 • LAWS OF FLORIDA Ch. 2024-27
requirements for notices of sale;requiring approved third-party services to
publish public notices of sale and report certain information by specified
means to the department; providing the maximum fee that approved
third-party services may collect and retain for such services; revising
provisions for permission to inspect a vehicle or vessel; providing time-
frames in which a°vehicle, vessel, or personal property must be made
available for inspection and release;revising criminal penalties;requiring
towing-storage operators to accept certain documents, one of which must
be notarized, as evidence of a person's interest in a vehicle or vessel;
prohibiting certain persons from being required to furnish more than one
form of current government-issued photo identification for purposes of
verifying their identity; requiring towing-storage operators to maintain
certain records for a certain period of time; requiring towing-storage
operators to accept certain types of payment; providing for preemption;
requiring towing-storage operators to maintain a rate sheet; providing
requirements for such rate sheet; providing that certain fees are
unreasonable;requiring towing-storage operators to maintain an itemized
invoice for specified fees; providing requirements for such invoice;
requiring disclosure of such invoice to specified persons and entities
within a certain timeframe; providing applicability; making technical
changes;amending s.715.07,F.S.;conforming a cross-reference;providing
an effective date.
Be It Enacted by the Legislature of the State of Florida:
Section 1. Paragraphs (b) and (c) of subsection (1) of section 125.0103,
Florida Statutes, are amended, and paragraph (d) is added to that
subsection, to read:
125.0103 Ordinances and rules imposing price controls.—
(1)
(b) This section does not prevent the enactment by local governments of
public service rates otherwise authorized by law, including water, sewer,
solid waste, public transportation,taxicab,or port rates,rates for towing of
vehicles or vessels from or immobilization of vehicles or vessels on private
property;-,or rates for removal and storage of wrecked or disabled vehicles or
vessels from an accident scene or the removal and storage of vehicles or
vessels,, in the event,the owner or operator is incapacitated, unavailable,
leaves the procurement of wrecker service to the law enforcement officer at
the scene, or otherwise does not consent to the removal of the vehicle or
vessel.
(c) Counties must establish maximum rates which may be charged on
the towing of vehicles or vessels from or immobilization of vehicles or vessels
on private property or which may be charged for; removal and storage of
wrecked or disabled vehicles or vessels from an accident scene or for the
removal and storage of vehicles or vessels,in the event the owner or operator
is incapacitated, unavailable, leaves the procurement of wrecker service to
2
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•
Page 591 of 1862
Ch. 2024-27 LAWS OF FLORIDA Ch. 2024-27
the law enforcement officer at the scene,or otherwise does not consent to the
removal of the vehicle or vessel. However, if a municipality chooses to enact
an ordinance establishing the maximum rates for the towing or immobiliza-
tion of vehicles .or vessels as described in paragraph (b), the county's
ordinance does not apply within such municipality.
(d) A county or municipality that has established maximum rates as
described in paragraph(c) must publish such rates on its website and must
establish a processfor investigating and resolving complaints regarding fees
charged in excess of such rates. In areas where no maximum rates as
described in paragraph (c) have been established, the maximum rates
established by the Division of Florida Highway Patrol under s. 321.051(2)
apply.
•
Section 2. Paragraphs (b) and (c) of subsection (1) of section 166.043,
Florida Statutes, are amended, and paragraph (d) is added to that
subsection, to read:
166.043 Ordinances and rules imposing price controls.—
(1)
(b) This section does not prevent the enactment by local governments of
public service rates otherwise authorized by law, including water, sewer,
solid waste,public,transportation, taxicab, or port rates;;rates for towing of
vehicles or vessels from or immobilization of vehicles or vessels on private
property;,or rates for removal and storage of wrecked or disabled vehicles or
vessels from an accident scene or the removal and storage of vehicles or
vessels,. in the event the owner or operator is incapacitated, unavailable,
leaves the procurement of wrecker service to the law enforcement officer at
the scene, or otherwise does not consent to the removal of the vehicle or
vessel.
•
(c) Counties must establish maximum rates which may be charged on
the towing of vehicles or vessels from or immobilization of vehicles or vessels
on private property or which may be charged for; removal and storage of
wrecked or disabled vehicles or vessels from an accident scene or for the
removal and storage of vehicles or vessels,in the event the owner or operator •
is incapacitated, unavailable, leaves the procurement of wrecker service to
the law enforcement officer at the scene,or otherwise does not consent to the
removal of the vehicle or vessel. However, if a municipality chooses to enact
an ordinance establishing the maximum rates for the towing or immobiliza-
tion of vehicles or vessels as described in paragraph (b), the county's
ordinance established under s. 125.0103, does not apply within such
municipality.
(d) A county or municipality that has established maximum rates as
described in paragraph (c) must publish such rates on its website and must
establish a process for investigating and resolving complaints regarding fees
charged in excess of such rates. In areas where no maximum rates as
3
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Page 592 of 1862
• Ch. 2024-27 LAWS OF FLORIDA Ch. 2024-27
described in paragraph (c) have been established, the maximum rates
established by the Division of.Florida Highway Patrol under s. 321.051(2)
apply.
Section 3. Subsection(2)of section 321.051,Florida Statutes,is amended
to read:
321.051 Florida Highway Patrol wrecker operator system;-penalties for
operation outside of system.—
(2)a). The Division of Florida Highway Patrol of the Department of
Highway Safety and Motor Vehicles is authorized to establish within areas
designated by the patrol a wrecker operator system using qualified,
reputable wrecker operators for removal and storage of wrecked or disabled •
vehicles from a crash scene or for removal and storage of abandoned vehicles,
in the event the owner or operator is incapacitated or unavailable or leaves
the procurement of wrecker service to the officer at the scene.All reputable
wrecker operators are shall-be eligible for use in the system provided their
equipment and drivers meet recognized safety qualifications and mechanical
standards set by rules of the Division of Florida Highway Patrol for the size
of vehicle it is designed to handle. The division may not exclude a wrecker
operator from the wrecker operator system or fail to designate a wrecker
operator as an authorized wrecker operator based solely on a prior felony
conviction unless such conviction is for a forcible felony as defined in s.
776.08 or a felony listed in s. 812.014(2)(c)6. or s. 812.16(2). The division is
authorized to limit the number of wrecker operators participating in the
• wrecker operator system,which authority shall not affect wrecker operators
currently participating in the system established by this section. The
division must ' establish maximum rates for the towing
and storage of vehicles removed at the division's request, where such rates
have not been set by a county or municipality pursuant to s. 125.0103 or s.
166.043. Such rates shall not be considered rules for the purjose of chapter
120;however, the department shall establish by rule a procedure for setting
such rates.
(b) The department must publish on its website the maximum rates
established under this subsection and must establish a process for
investigating and resolving complaints regarding fees charged in excess of
such maximum rates.
Any provision in chapter 120 to the contrary notwithstanding, a final
order of the department denying, suspending, or revoking a wrecker
operator's participation in the system shall be reviewable in the manner
and within the time provided by the Florida Rules of Appellate Procedure
only by a writ of certiorari issued by the circuit court in the county wherein
such wrecker operator resides.
Section 4. Subsection(8)is added to section 323.001, Florida Statutes,to
read:
4
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Page 593 of 1862 .
Ch. 2024-27 LAWS OF FLORIDA Ch. 2024-27
323.001 Wrecker operator storage facilities; vehicle holds.—
(8) If a vehicle is stored at a wrecker operator's facility pursuant to an
investigatory hold or a hold for other evidentiary purposes,the investigating
agency or other person "requiring such hold must take possession of the
vehicle within 30-days after the first day on which the vehicle is stored,
unless another timeframe is otherwise agreed upon by the wrecker operator
and the investigating agency or other person requiring the hold.
Section 5. Subsections(1), (2), (4), (5),(6), (8), (9), and(10),paragraph(a)
of subsection (11), paragraphs (a) and (d) of subsection (12), paragraphs (a),
(b), and (d) of subsection (13), and subsection(17) of section 713.78, Florida
Statutes, are amended, and subsections(18), (19), and(20)are added to that
section, to read:
713.78 Liens for recovering, towing, or storing vehicles and vessels.—
(1) For the purposes of this section, the term:
(a)(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.
(b) "Good faith effort" means that all of the following checks have been
performed by a towing-storage operator to establish the prior state of
registration and title of a vehicle or vessel that has been towed or stored by
the towing-storage.operator:
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.
5
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Page 594 of 1862 .
Ch. 2024-27 LAWS OF FLORIDA Ch. 2024-27
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.
Lc_1(d) "National Motor Vehicle Title Information System" means the
federally authorized 1 electronic National Motor Vehicle Title Information
System.
(d) "Newer model"means a vehicle or vessel that is 3 model years old or
less, beginning with the model year of the vehicle or vessel as year one.
(e) "Older model" means a vehicle or vessel that is more than 3 model
years old, beginning with the model year of the vehicle or vessel as year one.
(f) "Towing-storage operator" means a person who regularly engages in
the business of transporting vehicles or vessels by wrecker,tow truck, or car
carrier, or the storing of such vehicles or vessels.
(g)(a-) "Vehicle"means any mobile item,whether motorized or not,which
• is mounted on wheels. •
(h)(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.
i(e3 "Wrecker" means any truck or other vehicle that which is used to
tow, carry, or otherwise transport meter 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.
(2)W Whenever A towing-storage operator may charge the owner or
operator of a vehicle or vessel only the following fees for,or incidental to,the
recovery, removal, or storage of the vehicle or vessel:
1. Any reasonable fee for service specifically authorized under s.
125.0103 or s. 166.043 by ordinance, resolution, regulation, or rule of the
county or municipality in which the service is performed.
6
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Page 595 of 1862
Ch. 2024-27 LAWS OF FLORIDA Ch. 2024-27
2. Any reasonable fee for service specifically authorized by the Division
of Florida Highway Patrol of the Department of Highway Safety and Motor
Vehicles under s. 321.051(2).
3. Any reasonable fee for service as agreed upon in writing between a
towing-storage operator and the owner of a vehicle or vessel,
4. Any lien release administrative fee as set forth in paragraph (I5)(a).
5. Any reasonable administrative fee or charge imposed by a county or
municipality pursuant to s. 125.01047,s. 166.04465, or s. 323.002 upon the
registered owner dr other legally authorized person in control of a vehicle or
vessel.
(b) If a towing-storage operator persert-reguktrly-engageel-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:
1.(a) The owner thereof;
2.(-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;
3.(e) The landlord or a person authorized by the landlord, when such
meter vehicle or vessel remained on the premises after the tenancy
terminated and the removal is done in compliance with s. 83.806 or s.
715.104; or
4.( ) Any law enforcement agency, county, or municipality,
she or he has shalt-have a lien on the vehicle or vessel for fees specified in
paragraph(a) ,
eh poa ,
except that a storage fee may not be charged if the vehicle or vessel is stored
for less fewer than 6 hours.
(c) A towing-storage operator may enter,using reasonable care, a vehicle
or vessel for purposes of recovering, removing, or storing such vehicle or
vessel. A towing-storage operator is liable for any damage to the vehicle or
vessel if such entry is not in accordance with the standard of reasonable care.
(4)(a) A towing-storage operator g larly ea the
business ofreeevelling try-vehicles ssels who comes
into possession of a vehicle or vessel pursuant to paragraph(2)(b)subsection
( ,and who claims a lien for recovery,towing,or storage services,must shall
give notice, by certified mail, pursuant to subsection (16),to the registered
owner, the insurance company insuring the vehicle or vessel notwithstand-
ing 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
7
CODING: Words stricken are deletions; words underlined are additions.
Page 596 of 1862
Ch. 2024-27 • LAWS OF FLORIDA Ch. 2024-27
which the vehicle o: vessel is identified through a records check of the
National Motor Vehicle Title Information System or an equivalent commer-
cially available system as being titled or registered.
(b) When When« a law enforcement agency. county, or municipality
authorizes the removal of a vehicle or vessel}or whenever a towing service,
garage, repair shop, or automotive service, storage, or parking place notifies
a the law enforcement agency of possession of a vehicle or vessel pursuant to
s. 715.07(2)(a)2., if.an approved third-party service cannot obtain the
vehicle's or vessel's owner, lienholder, and insurer information or last
state of record pursuant to subsection (16), then the person in charge of the
towing service, garage, repair shop, or automotive service, storage, or
parking place must:request such information from the law enforcement
agency of the jurisdiction where the vehicle or vessel is stored. The law
enforcement agency to which the request was made must shy 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 must 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 lieu 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 must request
such information from the applicable law enforcement agency within 5 days
after the date of storage and must provide the information to the approved
third-party service in order to transmit notices as required under subsection
(.1_01 shall-- ive-owe p ant te p1 (a) The department may
release the insurance company information to the requestor notwithstand-
ing s. 627.736.
(c) The notice of lien must be sent by an approved third-party service 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 5 7 business days, excluding a Saturday} and Sunday, or
federal legal holiday, after the date of storage of the vehicle or vessel.
Howeve , , nt_
the sale ef'the vehicle e'. The notice must state all of the following:
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 in
therein or lien on the vehicle or vessel 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
8
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ev •
Page 597 of 1862
Ch. 2024-27 LAWS OF FLORIDA Ch. 2024-27
•
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 paragraph (2)(b) 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 initiate judicial proceedings 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 an older model or 57 50
days after the vehicle or vessel is stored by the lienor if the vehicle or vessel is
a newer model 3- years of age or ley,,.
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 a the vehicle or
vessel that is an older model or less than 52 days before the sale of a vehicle •
or vessel that is a newer model.
(e) If attempts to locate the name and address of the registered owner
the insurance company insuring the vehicle or vessel, and any other person
claiming a lien thereon are or lienhelder ove unsuccessful, 5 the towing
storage-eper-ator—shall,-nfter--7 business days, excluding a Saturday, and
Sunday, or federal legal holiday,after the initial tow or storage,the towing-
storage operator must notify the public agency of jurisdiction where the
vehicle or vessel is stored in writing by certified mail or receipt-acknowl-
edged electronic delivery that the towing-
storage operator 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 Title Information System
or an equivalent commercially available system. For purpesois of thin
pa agraph-Qua subsectio ), th. to .., u rood with eriv'"�'x " means th
ctatc of registrationfor-tit
9
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Page 598 of 1862
•
Ch. 2024-27 LAWS OF FLORIDA Ch. 2024-27
•
1. A check of the department's database for the owner and any
lienhekler,
•
2. A check of the electronic National Motor Vehicle Title Information
lent commercially available ,stem to det rm• th
t.,te of strati,., w4her._there ; of ., „t . t„ t' d f tl
as YY 1 YVV aw. VVll1 t11V Yts1lJ Ul uU1
ye icle er vessel „ file .itl, t1.e d Y artia +
♦vaYvav vi •vv...vY via YYY •.lull U 11GtJ4J.UL11G11 V.
3.4-cheek-ef-the-vehicle el for type of tag, tag record,
temporary tag, or regular tag.
4.A check eI the :. enforcemenvreporto + ber-or other
•
7
_towed at the r _af es+ a law a„ferce+..ent of cer.
5. A check of the trip sh: + t t' y + f•th -�c1 e�to to,
�-co v o�i'izccc-ox-vaz�
�g wa�-on the vela cle or yessell ft r i b , f tti
6. If there is no address of the owner on the impound report, a check of
7. A check of the vehicle or vessel for an inspection sticker or other
8 n check ef'tha „ta of the eh;cla l f• _ tl. +
.� � .��^ ..�..+ ...�f a- +• ,.Y
eve , i , o" s for a state-of re�,g•^istration.
a n he 1 f tL l • i r 1,• l a t•f; t b
v�rzricca�rcri��criicic-ivr-�dcrli"clii icrC-ri�3zcuc'ro7r$acmper.
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-he-curved e , st ed,embessed7-or othe sepe tly
„fps a to the fthere • tra� + t
uiluGQ'[.v-cixc- a de-Ae-t�a$9@�-"vr�'si-csscrc-iS�6-crua9vm, cv c�zi.
t the end ef th_>,_n tt;at bars the _udder e- ether
steering mechanism. V
(5)(a) The registered owner of a vehicle or vessel in the possession of a
towing-storage operator, the insurance company insuring such vehicle or
vessel, and any other person
claiming a lien thereon,other than the towing-storage operator,may initiate
judicial proceedings
in the eelnty court
of competent jurisdiction in the county in which the vehicle or vessel is
stored to determine whether the vehicle or vessel her er bis „roperty was
wrongfully taken or withheld or whether fees were wrongfully charged.
(b) Regardless of whether judicial proceedings have been initiated
pursuant to paragraph (a), at any time before the sale of the vehicle or
10
CODING: Words stricken are deletions; words underlined are additions.
Page 599 of 1862
Ch. 2024-27 LAWS OF FLORIDA Ch. 2024-27
•
vessel by the towing-storage operator, the an owner of the vehicle or vessel,
• the insurance company insuring the vehicle or vessel, and any other person
claiming a lien thereon, other than the towing-storage operator,. Of
Iionholder may have the her or his vehicle or vessel released upon posting
with the clerk of the court in the county in which the vehicle or vessel is held
a cash or surety bond or other adequate security equal to the amount of the
accrued charges set forth in the notice of lien, plus accrued storage charges,
at the time of the release of the vehicle or vessel,if any,for towing or storage
to ensure the payment of such charges in the event a
court determines that the vehicle or vessel was not wrongfully taken or
withheld or fees were not wrongfully charged. The owner of the vehicle or
vessel,the insurance company insuring the vehicle or vessel, and any other
person claiming a lien thereon, other than the towing-storage operator,may
not be required to initiate judicial proceedings in order to post the bond in
the registry of the court and are not required to use a particular form for
posting the bond unless the clerk provides such form she er he doer riot
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 must automatically shall issue a
certificate notifying the towing-storage operator liener of the posting of the
bond and directing the towing-storage operator Iiener to release the vehicle
or vessel to the party that posted the bond. At the time of such release, after
reasonable inspection, the party that posted the bond must she or he shall
give a receipt to the towing-storage operator company reciting any claims
she or he has for loss or damage to the vehicle or vessel or the contents
thereof, or such claims are deemed waived.
1. Upon receiving a copy of a certificate giving notice of the posting of a
bond in the required amount and directing the release of the vehicle or
vessel, a towing-storage operator must release or return the vehicle or vessel
to the party that posted the bond.
2. If the party posting the bond does not initiate judicial proceedings
pursuant to paragraph(a)within 45 days after the issuance of the certificate
by the clerk of the court, then upon request by the towing-storage operator,
the clerk of the court must:
a. Release the cash to the towing-storage operator; or
b. Issue a notice certifying that a judicial proceeding has not been
initiated within 45 days after the issuance of the certificate and requiring
the surety that issued the bond to promptly pay the full face value of the
bond to the towing-storage operator. The towing-storage operator has the
obligation, upon receipt of the clerk's notice, to timely notify the surety of
such notice. A notice issued by the clerk under this sub-subparagraph
expires 120 days after its issuance if the notice is not delivered to the surety.
(c) Upon determining the respective rights of the parties, the court may
award damages, attorney atter-ney'-s fees, and costs in favor of the prevailing
party. In the any event the defendant prevails, the final order must shall
provide for immediate payment in full of recovery, towing, and storage fees
• 11
CODING: Words ctrickcn are deletions; words underlined are additions.
Page 600 of 1862
•
Ch. 2024-27 LAWS OF FLORIDA Ch. 2024-27
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 paragraph (2)(b)
subsection (2) and relnains 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 an older model mere
than 3 years of age or:57 fig days after the vehicle or vessel is stored by the
lienor if the vehicle orvessel is a newer model 3 years of age or less. The sale
must shell 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 must 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 to the registered owner of the vehicle or
vessel,the insurance company insuring 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 otice m,st have clearly id ntif„e and r „tea if-the
claim of lien is fora motor vehicle, The last 8 digits of the vehicle
identification number of the meter vehicle subject to the lien, or, if the
claim of lien is for aa: vessel, the hull identification number of the vessel
subject to the lien, must be clearly identified and printed in the delivery
address box and on the outside of the envelope sent to the registered owner,.
the insurance company insuring the vehicle or vessel,and all other persons
claiming an interest in therein or lien on the vehicle or vessel thereon. The
notice must be sent to t e-owner-o€ a veh cle-er-'o essel an t he-Person
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 must shall be made by publishing a notice
thereof one time, at-least 20 40 days before the date of the sale, on the
publicly available website maintained by an approved third-party service.
The third-party service must electronically report to the Department of
Highway Safety and Motor Vehicles,via an electronic data exchange process
using a web interface,.the name,physical address, and telephone number of
12
CODING: Words sicken are deletions; words underlined are additions.
Page 601 of 1862
Ch. 2024-27 LAWS OF FLORIDA Ch. 2024-27
the lienor; the time.and place of the sale;the vehicle's license plate number.,
if known; 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 the amount due for towing, recovery, storage, and administrative fees.
The third-party service that publishes the public notice of sale and
electronically reports the required information to the department may
collect and retain a service charge of no more than $1 in a newap.,per of
general ,,atie i t „t. h• 1.. th , . la The proceeds
0�--�-�-� � ..-�{.�V1 V1L111 V1SL l
of the sale, after payment of reasonable towing and storage charges, and
costs of the sale, in that order of priority, must shall be deposited with the
clerk of the circuit court for the county if the owner or lienholder is absent,
and the clerk must-shall hold such proceeds subject to the claim of the owner
or lienholder legally entitled thereto. The clerk is shall be entitled to receive
5 percent of such proceeds for the care and disbursement thereof. The
certificate of title issued under this section must 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 pre-railing party.
(8) A towing-storage operator person reb'larl:r ens ged the b
.uua i �.ia u
ofreeevcring.,tow;Wig,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 5 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) A towing-storage operator must Persons whe provide seywiees
permit vehicle or vessel owners, lienholders,
insurance company representatives, or their agents, whose interest in the
vehicle or vessel is evidenced by any of the documents listed in subsection
1'7wbieh-ageney-is-evidefteeel-by-en-eriginal4vriting-aeknewledged-by-the
owner before a notary public or other person empowered by law to
administer—oaths, to inspect the towed vehicle or vessel and must 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 towing-storage
operator. The inspection and release of the vehicle, vessel, or personal
13
CODING: Words stricken are deletions;words underlined are additions.
Page 602 of 1862
Ch. 2024-27 LAWS OF FLORIDA Ch. 2024-27
property must be permitted within 1 hour after the owner. lienholder,
insurance company°representative. or their agent presents any of the
documents listed in subsection (17) to the towing-storage operator during
normal business hoiis at the site where the vehicle or vessel is stored.
Notwithstanding sub paragraph (17)(a)6., a rental vehicle or vessel agree-
ment is not evidence that the person who rented a vehicle or vessel is an
agent of the rental vehicle or vessel owner for the purpose of releasing the
vehicle or vessel. However, a towing-storage operator must release to the
renter of a rental vehicle or vessel all personal property belonging to the
renter which is not affixed to the rental vehicle or vessel within 1 hour after
the renter's arrival person providing zuch scrvicca.
(11)(a) A towing-storage operator Any personregalarly enga�n
.. oa-
ess o who comes into
�..��:a.uu va�eco'c ci rir�, rrr�,-v�ac9 yl.• 1 1
possession of a vehicle or vessel pursuant to paragraph (2)(b) subsection
and who has complied'with subsections al(34 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 meter vehicle or
vessel described in the certificate of title,must shall report the vehicle to the
National Motor Vehicle Title Information System and apply to the Depart-
ment 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, is shape reassignable a maximum
of two times before dismantling or destruction of the vehicle is shall be
required, and must 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 she or he A 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 must
shall be accompanied by such documentation as may be required by the
department.
(12)(a) Any person who violates any-previsiert-ef-subseetien-(4)5 subsec-
tion (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.
(d) Employees of the Department of Highway Safety and Motor Vehicles
and law enforcement officers are authorized to inspect the records of a
towing-storage operator e�per-son �lnr' ea i the bus, f
•�• «`b4 ....J �.is c•�as�,u ... vua� uuoaucos-vr
_ _:.t. „hieles er esse1s e t ., ertiti. eh e
----�=----a7 --��---a7 "' �t-----a °v viw vi r w�a>iu vi a.i cure••
vessels by., ecker, to tr 1 , , to ensure compliance with the
requirements of this section.A towing-storage operator 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.
•
14
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Page 603 of 1862
Ch. 2024-27 LAWS OF FLORIDA . Ch. 2024-27
(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 subparagraph (2)(b)4. paragraph (2v,» 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 must
shell be placed on the list.The notice of wrecker operator's lien must shall be
submitted on forms provided by the department andieh-must include all
of the following:
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 paragraph(2)(b)subseetien-(-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.
(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
15
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•
Page 604 of 1862
Ch. 2024-27 LAWS OF FLORIDA Ch. 2024-27
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 must 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 paragraph (2)(b) subccti^n (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.
(17)(a) A towing-storage operator must accept an original or a copy of any
of the following documents as evidence of a person's interest in a vehicle or
vessel:
1. An electronic title.
2. A paper title.
3. A contract between a lender and the owner of the vehicle or vessel.
4. A contract between a lessor and the lessee of the vehicle or vessel.
5. Credentials establishing the person as an employee or contract agent
of an insurance company along with documentation identifying the vehicle
by the vehicle identification number or vessel by the hull identification
number.
6. A written agreement evidencing that the person is an agent of the
• vehicle or vessel owner or lienholder.
(b) A towing-storage operator may not require any of the documents
listed in paragraph (a) to be notarized, except for the agreement in
subparagraph (a)6. if such agreement is presented for the purpose of
releasing the vehicle or vessel.
(c) Presenting one form of current government-issued photo identifica-
tion constitutes sufficient identity verification for the purposes of this
section •P H3 �s i` crept eit zer a copy of an ele Ironic ti le or a papertitle
ae evide ce ^f^ rsa r's�ccres T�iL�or vessel.
(18) A towing-storage operator must retain for 3 years records produced
for all vehicles or vessels recovered,towed, stored, or released. Such records
must include at least all of the following:
(a) All notice publications and certified mailings.
(b) The purchase price of any unclaimed vehicle or vessel sold.
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Ch. 2024-27 LAWS OF FLORIDA Ch. 2024-27
(c) The names and addresses of persons to which vehicles or vessels were
released.
(d) The names and addresses of vehicle or vessel purchasers.
•
(e) All fees imposed under this section, including the itemized invoice
required under paragraph (20)(c).
(19)(a) A towing-storage operator must accept payment for accrued
charges from anauthorized person listed in subsection(10)in any form from
at least two of the following subparagraphs:
1. Cash, cashier's check, money order, or traveler's check.
2. Bank, debit, or credit card.
3. Mobile payment service, digital wallet, or other electronic payment
system.
(b) Any of the authorized persons listed in subsection (10) are not
required to furnish'more than one form of current government-issued photo
identification when payment is made in any of the forms listed in paragraph,
(c) A county or municipal charter, ordinance, resolution, regulation, or
rule that conflicts with paragraph (a) is expressly preempted.
(20)(a) A towing-storage operator must maintain a rate sheet listing all
fees for, or incidental to, the recovery, removal, or storage of a vehicle or
vessel and must do all of the following:
1. Post the ratd-sheet at the towing-storage operator's place of business.
2.• Make the rate sheet available upon request by the vehicle or vessel •
owner, lienholder, insurance company, or their agent.
3. Before attaching a vehicle or vessel to a wrecker, furnish the rate
sheet to the owner or operator of the vehicle or vessel, if the owner or
operator is present at the scene of the disabled vehicle or vessel.
(b) Any fee charged in excess of those listed on,the rate sheet required
under this subsection is deemed unreasonable.
(c) An itemized invoice of actual fees charged by a towing-storage
operator for a completed tow must be produced and be available to the
vehicle or vessel owner, lienholder, insurance company, or their agent no
later than 1 business day after:
1. The tow is completed; or
2. The towing-storage operator has obtained all necessary information to
be included on the invoice, including any charges submitted by
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Ch. 2024-27 LAWS OF FLORIDA Ch. 2024-27
subcontractors used by the towing-storage operator to complete the tow and
recovery. •
(d) The itemized invoice required under paragraph(c)must contain all of
the following information:
1. The date and time the vehicle or vessel was towed.
• 2. The location to which the vehicle or vessel was towed.
3. The name, address, and telephone number of the towing-storage
operator.
4. A description of the towed vehicle or vessel, including the color,make,
model, model year. and vehicle identification number of the vehicle or hull
identification number of the vessel.
5. The license plate number and state of registration for the towed
vehicle or vessel.
6. The cost of the initial towing service.
7. The cost of any,storage fees, expressed as a daily rate.
8. Other fees,including administrative fees,vehicle or vessel search fees,
fees for hazardous material and nonhazardous material cleanup,and fees for
labor.
9. A list of the services that were performed under a warranty or that
were otherwise performed at no cost to the owner of the vehicle or vessel.
(e) Any service performed or fee charged in addition to those described in
subparagraph (d)6. or subparagraph(d)7. must be set forth on the itemized
invoice required under paragraph (c) individually as a single line item that
includes an explanation of the service or fee and the exact amount charged
for the service or the exact amount of the fee.
(f) A towing-storage operator must make the itemized invoice required
under paragraph (c) available for inspection and copying no later than 48
hours after receiving a written request to inspect such invoice from:
1. A law enforcement agency:
2. The Attorney General;'or
3. The vehicle or vessel owner, lienholder, insurance company, or their
agent.
Section 6. Paragraph (a) of subsection (2) of section 715.07, Florida
Statutes, is amended'to read:
715.07 Vehicles or vessels parked on private property; towing.-
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(2) The owner or lessee of real property, or any person authorized by the
owner or lessee, which person may be the designated representative of the
condominium association if the real property is a condominium, may cause
any vehicle or vessel parked on such property without her or his permission
to be removed by.a person regularly engaged in the business of towing
vehicles or vessels,without liability for the costs of removal,transportation,
or storage or damages caused by such removal, transportation, or storage,
under any of the following circumstances:
(a) The towing or removal of any vehicle or vessel from private property
without the consent of the registered owner or other legally authorized
person in control of that vehicle or vessel is subject to substantial compliance
with the following conditions and restrictions:
l.a. Any towed or removed vehicle or vessel must be stored at a site
within a 10-mile radius of the point of removal in any county of 500,000
population or more, and within a 15-mile radius of the point of removal in
any county of fewer than 500,000 population. That site must be open for the
purpose of redemption of vehicles on any day that the person or firm towing
such vehicle or vessel is open for towing purposes, from 8:00 a.m. to 6:00
p.m., and, when closed, shall have prominently posted a sign indicating a
telephone number where the operator of the site can be reached at all times.
Upon receipt of a telephoned request to open the site to redeem a vehicle or
vessel,the operator shall return to the site within 1 hour or she or he will be
in violation of this section.
b. If no towing business providing such service is located within the area
of towing limitations set forth in sub-subparagraph a., the following
limitations apply: any towed or removed vehicle or vessel must be stored
at a site within a.20-mile radius of the point of removal in any county of
500,000 population or more, and within a 30-mile radius of the point of
removal in any county of fewer than 500,000 population.
2. The person or firm towing or removing the vehicle or vessel shall,
within 30 minutes after completion of such towing or removal, notify the
municipal police department or, in an unincorporated area, the sheriff, of
such towing or removal, the storage site, the time the vehicle or vessel was
• towed or removed,;and the make, model, color, and license plate number of
the vehicle or description and registration number of the vessel and shall
obtain the name of the person at that department to whom such information
was reported and note that name on the trip record.
3. A person in the process of towing or removing a vehicle or vessel from
the premises or parking lot in which the vehicle or vessel is not lawfully
parked must stop when a person seeks the return of the vehicle or vessel.
The vehicle or vessel must be returned upon the payment of a reasonable
service fee of not more than one-half of the posted rate for the towing or
removal service asrprovided in subparagraph 6.The vehicle or vessel may be
towed or removed if,-after a reasonable opportunity, the owner or legally
authorized person in control of the vehicle or vessel is unable to pay the
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service fee. If the vehicle or vessel is redeemed, a detailed signed receipt
must be given to the person redeeming the vehicle or vessel.
4. A person may not pay or accept money or other valuable consideration
for the privilege of towing or removing vehicles or vessels from a particular
location.
5. Except for property appurtenant to and obviously a part of a single-
family residence, and except for instances when notice is personally given to
the owner or other legally authorized person in control of the vehicle or
vessel that the area in which that vehicle or vessel is parked is reserved or
otherwise unavailable for unauthorized vehicles or vessels and that the
vehicle or vessel is subject to being removed at the owner's or operator's
expense, any property owner or lessee,or person authorized by the property
owner or lessee,before towing or removing any vehicle or vessel from private
property without the consent of the owner or other legally authorized person
in control of that vehicle or vessel, must post a notice meeting the following
requirements:
a. The notice must be prominently placed at each driveway access or curb
cut allowing vehicular access to the property within 10 feet from the road, as
defined in s. 334.03(22). If there are no curbs or access barriers, the signs
must be posted not fewer than one sign for each 25 feet of lot frontage.
b. The notice must clearly indicate, in not fewer than 2-inch high, light-
reflective letters on a contrasting background, that unauthorized vehicles
will be towed away at the owner's expense.The words"tow-away zone"must
be included on.the sign in not fewer than 4-inch high letters.
c. The notice must also provide the name and current telephone number
of the person or firm.towing or removing the vehicles or vessels.
d. The sign structure containing the required notices must be perma-
nently installed with the words "tow-away zone" not fewer than 3 feet and
not more than 6 feet above ground level and must be continuously
maintained on the property for not fewer than 24 hours before the towing
or removal of any vehicles or vessels.
e. The local government may require permitting and inspection of these
signs before any towing or removal of vehicles or vessels being authorized.
f. A business with 20 or fewer parking spaces satisfies the notice
requirements of this subparagraph by prominently displaying a sign stating
"Reserved Parking for Customers Only Unauthorized Vehicles or Vessels
Will be Towed Away At the Owner's Expense"in not fewer than 4-inch high,
light-reflective letters on a contrasting background.
g. A property owner towing or removing vessels from real property must
post notice, consistent with the requirements in sub-subparagraphs a.-f.,
which apply to vehicles, that unauthorized vehicles or vessels will be towed
away at the owner's;expense.
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A business owner or lessee may authorize the removal of a vehicle or vessel
by a towing company when the vehicle or vessel is parked in such a manner
that restricts the normal operation of business; and if a vehicle or vessel
parked on a public;right-of-way obstructs access•to a private driveway the
owner, lessee, or agent may have the vehicle or vessel removed by a towing
company upon signing an order that the vehicle or vessel be removed
without a posted tow-away zone sign.
6. Any person or firm that tows or removes vehicles or vessels and
proposes to require an owner, operator, or person in control or custody of a
vehicle or vessel to pay the costs of towing and storage before redemption of
the vehicle or vessel must file and keep on record with the local law
enforcement agency a complete copy of the current rates to be charged for
such services and post at the storage site an identical rate schedule and any
written contracts with property owners, lessees, or persons in control of
property which authorize such person or firm to remove vehicles or vessels
as provided in this section.
7. Any person or firm towing or removing any vehicles or vessels from
private property without the consent of the owner or other legally authorized
person in control or custody of the vehicles or vessels shall, on any trucks,
wreckers as defined in s. 713.78(1) o. 713.78(1)(c), or other vehicles used in
the towing or removal,have the name, address,and telephone number of the
company performing such service clearly printed in contrasting colors on the
driver and passenger sides of the vehicle.The name shall be in at least 3-inch
permanently affixed letters, and the address and telephone number shall be
in at least 1-inch permanently affixed letters.
8. Vehicle entry for the purpose of removing the vehicle or vessel shall be
allowed with reasonable care on the part of the person or firm towing the
vehicle or vessel. "Such person or firm shall be liable for any damage
occasioned to the vehicle or vessel if such entry is not in accordance with the
standard of reasonable care.
• 9. When a vehicle or vessel has been towed or removed pursuant to this
section,it must be released to its owner or person in control or custody within
1 hour after requested. Any vehicle or vessel owner or person in control or
custody has the right to inspect the vehicle or vessel before accepting its
return, and no release or waiver of any kind which would release the person
or firm towing the'vehicle or vessel from liability for damages noted by the
owner or person in control or custody at the time of the redemption may be
required from any vehicle or vessel owner or person in control or custody as a
condition of release of the vehicle or vessel to its owner or person in control or
custody.A detailed receipt showing the legal name of the company or person
towing or removing the vehicle or vessel must be given to the person paying
towing or storage charges at the time of payment,whether requested or not.
Section 7. This'act shall take effect July 1, 2024.
Approved by the Governor March 22, 2024.
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Ch. 2024-27 LAWS OF FLORIDA Ch. 2024-27
Filed in Office Secretary of State March 22, 2024.
•
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Page 611 of 1862
Attachment C
CHASE INSURANCE AGENCY, INC.
gatd44 ed 1947
•
February 26,2024 • •
Beach Towing Services, Inc.
1349 Dade Blvd.
Miami Beach,FL 33139
RE: Commercial Package Policies
Attn Michael Festa;
As requested,below is a breakdown of your premiums over the last 5 years :
• 2020-2021 : $288,546
• 2021-2022 : $138,106
• 2022-2023 : $180,356
• 2023-2024 : $168,397
• 2024-2025 : $410,677
Your premiums are higher due to territory and Iocation which limits the markets
available. This is the cause of the significant increase.
Best Regards,
Jennifer Benedetto
333 N.W.70th Avenue,Suite 108 P.O.Box 17497 Plantation,Florida 33318-7497
Toll Free 800-940-4301 Broward(954)792-4300 Fax(954)791-9344
Page 612 of 1862 -