§ 35-58. Establishment of rates.

(a)

The maximum rates, applicable until the same are changed by resolution or other official action, for towing or immobilizing a vehicle, for storage of a towed vehicle, or for the rendition of other services involving use of a tow truck or other customary towing or immobilization services when the point of origin of the tow or such services is within the unincorporated territory of Orange County shall be assessed by vehicle type, as follows:

(1)

Class A vehicles [gross vehicle weight through ten thousand (10,000) pounds or vehicle carrying a vessel fifteen (15) feet or less in length]

(2)

Class B vehicles [gross vehicle weight ten thousand one (10,001) pounds or more but less than nineteen thousand five hundred (19,500) pounds or vehicle carrying a vessel more than fifteen (15) feet but less than twenty-two (22) feet in length]

(3)

Class C vehicles [gross vehicle weight nineteen thousand five hundred (19,500) or more pounds but less than twenty-five thousand (25,000) pounds or vehicle carrying a vessel more than twenty-two (22) feet in length]

(4)

Class D vehicles [gross vehicle weight more than twenty-five thousand (25,000) pounds]

Rates for Services by Vehicle Type		Class A	Class B	Class C	Class D
1	Trespass tow (flat rate)	$125.00	$250.00	$375.00	$500.00
2	Nonconsensual tow	$125.00	$250.00	$375.00	$500.00
3	Nonconsensual tow, per mile	$3.00	$4.00	$5.00	$6.00
4	Nonconsensual tow, time beyond initial thirty (30) minutes at scene, per fifteen (15) minute block	$31.25	$62.50	$93.75	$125.00
5	Trespass or nonconsensual tow storage per day (after initial non-fee period)	$25.00	$35.00	$60.00	$60.00
6	Immobilization per day (includes installation and removal of device)	$22.00	$22.00	$22.00	$22.00
7	Research fee (actual cost, up to the maximum, for research on vehicle ownership - to be charged if vehicle registration is expired)	$5.00	$5.00	$5.00	$5.00

 

(b)

No additional fees or charges shall be made for special equipment or services, including but not limited to double hook-up; vehicle entry when locked; dropping transmission linkage; axle or drive shaft removal; dollies; trailer or flat bed; lifts; slim jims; go jacks; removing bumpers; airing up brakes; mileage; fuel charge; copying the vehicle registration or other documents; providing copies of towing statute (F.S. § 715.07); returning to the location where the vehicle is stored in order to release the vehicle; gate fees or fees for entering storage facility; fees for driving the vehicle out of the storage facility; additional fees for towing a tractor trailer, which shall be considered the tow of one (1) vehicle; or an additional fee for towing motor vehicles carrying other vehicles (boats, cars, trucks, aircraft, tractors, heavy equipment, ATVs, or motorcycles) that are securely attached, which shall be considered part of that vehicle's load.

(c)

No other fees of whatever kind may be charged for services rendered during the first twenty-four hours that the vehicle is in the possession of the towing service in the case of trespass tows, or the first six (6) hours in the case of nonconsensual tows, in both cases beginning from the time the vehicle is delivered to the storage facility. Storage fees as set forth above may be assessed after the initial non-fee periods based on twenty-four (24) hour increments, not on calendar days. An administrative fee of forty-five dollars ($45.00), plus all actual fees imposed by the State of Florida for obtaining ownership information [i.e. actual postage fees, actual advertising fee, and actual cost of title search for out-of-state vehicles (itemization is required)] may be charged only after the first forty-eight(48) hours of fee storage, so long as the towing service has complied with the requirements of F.S. § 713.78, including execution and mailing of the lien notice. A one-time "tarpaulin fee" in the amount of fifteen dollars ($15.00) may be assessed when the towing service reasonably finds it necessary to install and maintain tarpaulin coverage on any stored vehicle in order to protect the interior accessories or upholstery of such vehicle from damage by inclement weather.

(d)

The maximum fees set forth herein may be changed from time to time by a resolution adopted by the board of county commissioners.

(e)

The towing rates and any fees set forth above in this section shall be prominently posted and clearly legible in not less than two-inch high letters on contrasting background at the point of payment at the storage site. Such notice shall be visible to the person picking up the vehicle from the place where payment is tendered. The towing service also must prominently post a clearly legible notice at the point of payment at the storage site, in letters not less than one-half-inch high on contrasting background, the following statement: "Towing is regulated by Chapter 35, Orange County Code, and Section 715.07, Florida Statutes, copies of which are available by the towing service at this location upon request." On the same sign, the following language shall be included in letters not less than one-half-inch high:

"TO THE VEHICLE OWNER: If you believe your vehicle was wrongfully towed and/or you have been overcharged for services rendered, you do not have to pay your bill to get your car. Instead, you have the right to post a bond in the circuit court, payable to [name of towing or immobilization service], in the amount of the final bill for services rendered, and the court will decide later who is right. If you show us a valid clerk's certificate showing that you have posted a bond, we must release your vehicle to you immediately. This remedy is in addition to other legal remedies you have pursuant to Chapter 713, Florida Statutes. If you have a complaint about the way services were provided, you may contact the Orange County Consumer Fraud Unit at www.ocfl.net/consumerprotection or 407.836.2490."

(f)

A towing or immobilization service is prohibited from engaging in trespass towing within the county unless the above notices are prominently posted, and clearly legible, at the point of payment at the storage site.

(Ord. No. 2014-24 , § 2, 9-9-14)