§ 20-176.19. Towing and immobilization requirements.

(a)

No person shall tow or immobilize a vehicle without the prior written consent of the vehicle owner, except in accordance with Chapter 715, Florida Statutes, and the following:

(1)

Persons may tow or immobilize a vehicle without the prior written consent of the vehicle owner upon the written instruction of a police officer.

(2)

Persons may tow or immobilize a vehicle without the prior written consent of the vehicle owner upon the written instruction of the property owner on whose property the unauthorized vehicle is parked, but only when the following have been met:

a.

Notice shall be prominently posted on the property from which the vehicle is proposed to be towed or immobilized, and shall be continuously maintained on the property for not less than twenty-four (24) hours prior to the towing or immobilization of the vehicle.

1.

Such notice, in the form of a sign structure, shall be prominently placed at each driveway access or curb cut allowing vehicle access to the property, within five (5) feet from the public right-of-way line. If there are no curbs or access barriers, not fewer than one (1) sign shall be posted for each twenty-five (25) feet of lot frontage. The sign structure shall be permanently installed with the bottom of the sign not less than three (3) feet above ground level and the top of the sign not more than six (6) feet above ground level.

2.

The notice shall clearly display:

a)

In light-reflective letters not less than two (2) inches high, on a contrasting background, a warning that unauthorized vehicles will be towed or immobilized, as applicable, at the vehicle owner's expense;

b)

In light-reflective letters not less than four (4) inches high, on a contrasting background, the words "tow-away zone" or "subject to immobilization," as applicable;

c)

In light-reflective letters not less than two (2) inches high, on a contrasting background, the days of the week and the hours of the day during which vehicles will be towed or immobilized at the vehicle owner's expense; and

d)

In light-reflective letters not less than two (2) inches high, on a contrasting background, the name and telephone number of the person performing the towing or immobilization if there exists a written contract between the property owner and that person for the towing or immobilization of vehicles.

3.

A business with twenty (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 Will be Towed Away At the Owner's Expense" in light-reflective letters not less than four (4) inches high, on a contrasting background, on the parking spot from which the vehicle is proposed to be towed or immobilized, for not less than twenty-four (24) hours prior to the towing or immobilization of the vehicle.

4.

The posting of notice shall not be required where:

a)

The property on which the vehicle is parked is appurtenant to and obviously a part of a single-family residence; or

b)

Oral or written notice is personally given to the vehicle owner that the property on which the vehicle is to be parked is reserved or unavailable for unauthorized vehicles and is subject to being removed at the vehicle owner's expense.

b.

A business owner or lessee may authorize the removal of a vehicle by a towing company, without the prior written consent of the vehicle owner, when the vehicle is parked in such a manner that restricts the normal operation of business; and if a vehicle parked on a public right-of-way obstructs access to a private driveway, the owner, lessee, or agent may have the vehicle removed by a towing company without a posted tow-away zone sign upon signing an order that the vehicle be removed.

c.

When ordering the towing or immobilization of a vehicle without the prior written consent of the vehicle owner, the property owner shall provide written instruction specific to each individual vehicle to be towed or immobilized, and shall date and sign such instruction. Such instruction may be sent by electronic facsimile only if the date and time of instruction can be verified on the facsimile. No such instruction shall be considered to have been given:

1.

By the posting of notice required by the regulations provided herein;

2.

By the existence of a contract or agreement between the person providing the service and the property owner;

3.

Where the instruction occurs in advance of the actual unauthorized parking of the vehicle;

4.

Where the instruction is general in nature and unrelated to specific, individual, and identifiable vehicles; or

5.

Where the property owner giving instruction to tow or immobilize is an agent of the licensee.

d.

The person towing or immobilizing the vehicle must have a written contract with the property owner that authorizes such person to tow vehicles from, or immobilize vehicles on, his, her, or its property. The written contract shall include the name and current telephone number of the person performing the towing or immobilization service, and the name, address, and telephone number for any duly authorized agents acting on behalf of the property owner. In the case of the towing of vehicles, the written contract shall also include a clear description of the property owner's liability as stated in Section 715.07(4), Florida Statutes, and shall include the following wording: "When a person improperly causes a vehicle to be towed, such person shall be liable to the owner or lessee of the vehicle for the cost of removal, transportation, and storage; any damages resulting from the removal, transportation, or storage of the vehicle; attorney's fees; and court costs."

(b)

Persons who immobilize or tow vehicles in Broward County without the consent of the vehicle owner, or store towed vehicles in Broward County without the consent of the vehicle owner, shall comply with the provisions of Chapter 715, Florida Statutes, and shall:

(1)

Not pay or rebate money, or solicit or offer the rebate of money or other valuable consideration, to obtain the privilege of rendering such services.

(2)

Accept, at a minimum, cash, credit card, and debit card payments from the vehicle owner. If payment is made in cash, change shall be provided to the closest whole dollar. If payment is made by credit card, a credit card fee in an amount established by resolution of the Board may be charged to the vehicle owner in addition to the other fees authorized by resolution of the Board. If a vehicle owner seeks to pay by credit card or debit card and the licensee's credit card or debit card machine is not working or is otherwise unavailable for any reason, the licensee must manually call in for credit card or debit card approval or use an alternate credit card or debit card processing method. If the licensee is unable to process the credit card or debit card payment after following such procedures, the licensee must release the vehicle to the vehicle owner without payment and seek payment from the vehicle owner once the credit card or debit card machine begins working again or otherwise becomes available. The foregoing provision requiring the release of a vehicle to a vehicle owner for failure to process a credit card or debit card does not apply when the Governor declares a state of emergency and the licensee does not have power at its place of business, but, nonetheless, the licensee may not charge the vehicle owner a storage fee for the time between when the vehicle owner first seeks retrieval of his or her vehicle by payment by credit card or debit card and when the licensee notifies the vehicle owner, in writing, that the credit card or debit card machine is working again or has otherwise become available. A vehicle owner shall not be required to furnish more than one (1) form of government-issued picture identification when payment is made by credit card or debit card, and the government-issued identification shall constitute sufficient identity verification.

(3)

Not charge for the service if the vehicle owner arrives at the scene prior to the service being completed, except when:

a.

The vehicle owner refuses or is unable to remove the vehicle;

b.

A complete mechanical connection exists between the vehicle and the towing or immobilization apparatus, and the vehicle owner refuses to pay a reasonable service fee of not more than one-half (½) of the posted rate for such service in the manner specified in Section 20-176.19(b)(2); or

c.

Directed by a police officer or government agency to complete the service.

(4)

File and keep on record with local law enforcement a complete copy of all current rates charged for the towing or immobilization of vehicles.

(5)

Maintain a towing or immobilization invoice or manifest approved by the Division, or tow sheet issued by a police agency, for each tow and immobilization undertaken. A copy of the applicable invoice, manifest, or tow sheet shall be given to the vehicle owner at the time of payment.

(6)

Charge the vehicle owner for just one (1) of the services when a vehicle is immobilized and then towed from the same location where originally immobilized.

(7)

Act in a professional manner when performing licensed services, be knowledgeable of the rights of the individual who has had or is about to have a vehicle towed or immobilized, and answer any and all questions to the best of their ability.

(8)

Prior to performing the tow or immobilization service, take a photograph of the front of the vehicle being towed or immobilized, a photograph of the back of the vehicle being towed or immobilized, a photograph of any existing damage that is readily seen on the vehicle being towed or immobilized, and a photograph demonstrating the violation for which the vehicle is being towed or immobilized. The photographs must be time and date stamped. The above-mentioned photographs are not required when towing or immobilizing a vehicle upon the instruction of a police officer or other government agency. If the licensee fails to take and retain any of the above-mentioned photographs, the licensee, in addition to any fines imposed by the Division, must reimburse the vehicle owner the applicable towing fee.

(9)

Not tow or immobilize a vehicle when a visible, valid, and paid receipt is on the front or back windshield (if towing or immobilizing for failure to pay), notwithstanding the rules of the subject parking lot. This subsection (9) does not apply when a licensee is directed to tow or immobilize a vehicle by a police officer or other government agency.

(10)

Not provide lot monitoring services, whether free of charge, at a reduced rate, or at full price, to a property owner, or reimburse a property owner for such services, for the privilege of towing vehicles from or immobilizing vehicles on the property owner's property.

(c)

Each natural person acting on behalf of persons who provide towing or immobilization services shall wear an identification tag stating the full name of the company and the natural person performing the service. Such identification shall be displayed on the natural person's shirt.

(d)

No licensee shall refuse or neglect to provide vehicle immobilization or towing services to any orderly person requesting such services and able and willing to pay for such services, on account of that person's race, sex, religion, national origin, age, marital status, sexual orientation, or disability.

(e)

Any bid for the award of any contract or agreement with Broward County for services to immobilize or tow vehicles shall be subject to the requirement that the person seeking to obtain such contract or agreement hold or obtain a valid and current operating license. Any bids not in compliance with this subparagraph shall be null and void.

(Ord. No. 2014-34 , § 9, 10-14-14; Ord. No. 2016-22 , § 7, 8-16-16)