§ 20-176.14. Application for and issuance of operating license.

(a)

Every application for an operating license shall be in writing on a form prescribed by the Division, signed and verified by the applicant, and filed with the Division together with the applicant's payment of a nonrefundable operating license application fee established by resolution of the Board.

(b)

On the application, in addition to any other requirements established by the Division, the applicant must indicate whether it seeks licensing to immobilize or tow vehicles, or both, and if it seeks licensing to tow vehicles, the applicant must indicate whether it seeks to conduct consent tows or nonconsent tows, or both.

(1)

If the applicant seeks a license to perform immobilization services, the applicant must demonstrate verifiable, real life experience in immobilizing vehicles, and must demonstrate financial trustworthiness in accordance with the standards established by the Division.

(2)

If the applicant seeks a license to perform nonconsent tows of vehicles, the Division shall inspect the applicant's storage facilities and public office areas prior to issuance of the license and determine that the applicant is in compliance with all applicable law and the regulations provided herein. If a storage facility or public office fails inspection and a reinspection is required, a reinspection fee must be paid to the Division. Such fee shall be established by resolution of the Board.

(c)

To obtain a license, in addition to any other requirements established by the Division and the requirements of paragraph (b), above, the applicant, or, in the case of a corporate or partnership applicant, all officers, directors, partners, and stockholders owning, holding, or controlling twenty-five percent (25%) or more of the ownership interest, such as the issued and outstanding stock in a corporation:

(1)

Must undergo a criminal background check, which shall reveal that none of the above mentioned persons have been found guilty of, or pled guilty or nolo contendere to (regardless of adjudication of guilt, including adjudication withheld) criminal charges involving repossession of a motor vehicle under Chapter 493, Florida Statutes; repair of a motor vehicle under Sections 559.901 through 559.9221, Florida Statutes; theft of a motor vehicle under Section 812.014, Florida Statutes; carjacking under Section 812.133, Florida Statutes; operation of a chop shop under Section 812.16, Florida Statutes; failure to maintain records of motor vehicle parts and accessories under Section 860.14, Florida Statutes; airbag theft or use of fake airbags under Sections 860.145 or 860.146, Florida Statutes; overcharging for repairs and parts under Section 860.15, Florida Statutes; or violation of the towing or storage requirements for a motor vehicle under Sections 321.051, 713.78, and 715.07, or Chapter 323, Florida Statutes, or any felony in which use of a motor vehicle was involved in theft of property. The applicant shall pay the amounts required to secure the criminal history and records report(s);

(2)

Must have no unsatisfied final civil fines or penalties arising out of an administrative or enforcement action brought by the Division (including any cease and desist orders or assurances of voluntary compliance issued by the Division) or another governmental agency based upon conduct involving a violation of the regulations provided herein or other laws or regulations relating to towing or immobilization; and

(3)

Must have not, within two (2) years prior to the date of application, or during the Division's review of any pending application, had an operating license revoked or suspended by action of the Division or any other jurisdiction where the applicant towed or immobilized vehicles, and which revocation or suspension was either (a) not contested by the applicant and sixty (60) days have passed since the date of the revocation or suspension or (b) upheld after review by an administrative board, hearing officer, or a court.

(d)

No application for an operating license shall be approved where the applicant fails to meet the requirements of paragraphs (b) or (c), above. Any applicant denied an operating license shall be provided with a written notice of denial, via U.S. mail, setting forth the facts, law, and reason(s) upon which the denial is predicated. The notice shall also contain a statement that the applicant has the right to a hearing before a hearing officer and that in order to be granted such a hearing, the applicant must file a written request to the Director within thirty (30) calendar days after the date of the mailing of the notice. Any hearing by a hearing officer shall be conducted in accordance with Section 20-176.25, below.

(e)

Each operating license shall be printed on a certificate containing, at a minimum, the name and address of the applicant, the name of the applicant's principal(s), the effective dates of the operating license, and the identifying number assigned by the Division. The operating license shall also indicate whether the licensee may immobilize or tow vehicles, or both, and, if licensed to tow vehicles, whether the licensee may perform consent tows or nonconsent tows, or both. The operating license certificate issued by the Division shall remain the property of Broward County and shall be used only as directed by the Division.

(f)

An operating license shall be effective from its date of issuance through the end of the calendar year in which it is issued, provided, however, that if the operating license is obtained within sixty (60) days before the end of a calendar year, then the operating license shall be effective until the end of the calendar year following the year of issuance if the applicant pays a nonrefundable extended application fee established by resolution of the Board.

(g)

An operating license issued pursuant to the regulations provided herein is not transferable, nor shall the ownership structure of the licensee be so modified as to constitute a change in the control or ownership of the operating license. The ownership structure of the licensee is considered to be so modified as to constitute a change in the control or ownership of the operating license when as a result of a change, there is a new officer, director, partner, or stockholder who owns, holds, or controls twenty-five percent (25%) or more of the ownership interest, such as the issued and outstanding stock in a corporation. If the licensee changes its ownership structure, all services permitted by the operating license shall thereupon cease immediately and a new application for an operating license must be submitted, together with the appropriate fee.

(Ord. No. 2014-34 , § 4, 10-14-14; Ord. No. 2016-22 , § 3, 8-16-16)