County Commission Meeting: Orange County Towing Ordinance

1. County Commission Meeting:Orange County Towing Ordinance June 24, 2008

2. Agenda • Background • Towing Industry Request • Research and Analysis • Recommended Towing Rates • Immobilization of Vehicles

3. Background • BCC Adopted the Current Towing Ordinance in November 1998 • Trespass towing • Removal from private property without consent of the vehicle owner • Requires prior notice to Sheriff’s Office • Requires written agreement between towing company and private property owner • Maximum rates for specific size (class) of vehicle towed • Nonconsensual towing • Removal from accident scene • Removal of abandoned vehicle

4. Max. Rates per 1998 Ordinance • Trespass and Nonconsensual Towing • Class A: 10K lbs. or less: • Flat rate:$100 • Per mile over 10 miles: $3 • Per quarter hour over 30 minutes @ the scene: $15 • Storage per day: $20 • Administrative Fee (after 48 hours): $35 (for all classes) • Class B: 10K-19.5K lbs.: • Flat rate:$200 • Per mile over 10 miles: $4 • Per quarter hour over 30 minutes @ the scene: $15 • Storage per day: $30

5. Max. Rates per 1998 Ordinance • Trespass and Nonconsensual Towing • Class C: 19.5K-25K lbs. • Flat rate: $300 • Per mile over 10 miles: $5 • Per quarter hour over 30 minutes @ the scene: $75 • Storage per day: $60 • Class D: Over 25K lbs. • Flat rate: $400 • Per mile over 10 miles: $6 • Per quarter hour over 30 minutes @ the scene: $100 • Storage per day: $60 • Does Not Address Immobilization (ex., Booting) • Rates May Be Changed Via Board-approved Resolution • The County Derives No Revenue from Towing Charges

6. Changes to Rates Since 1998 • Rate Increase Approved in October 2001 for Both Trespass and Nonconsensual Towing • Flat rate for Class A vehicles adjusted from $100 to $110 • Administrative fee (after 48 hours) for all classes adjusted from $30 to $35 • Request for Rate Increase from Towing Industry in 2005 Was Not Submitted to Board for Approval

7. Agenda • Background • Towing Industry Request • Research and Analysis • Recommended Towing Rates • Immobilization of Vehicles

8. Towing Industry (PWOF) RequestMay 27, 2008 • Increase Class A Towing Rate from a Maximum $110 to $125 per Tow • Revise the Towing Ordinance to Increase the Maximum for Class B, C, and D Towing by Multiples of Class A Towing • Increase the Administrative Fee to $75 • Address “Immobilization” of Vehicles

9. Agenda • Background • Towing Industry Request • Research and Analysis • Recommended Towing Rates • Immobilization of Vehicles

10. Research and Analysis • Towing Operational Costs • Various Indices • CPI • Fuel Index • Labor Indices • Rates at Other Counties

11. What Are the Costs to Tow a Vehicle? • Drivers • Administrative Costs • Wreckers • Fuel • Business Operations, Overhead and Equipment • Staff Salaries and Benefits • Profit

12. Wrecker Service Costs* *Source: Professional Wrecker Operators of Florida, Inc.

13. Administrative Fees – Stored Vehicles • Data Entry/DMV Research • Out of State VIN Verification • Print Letters/Envelopes to Owners of Vehicles • Record/Log/Stamp/Mail • Transport to Post Office • Pay for Certified Letters • Copy & Notarize Log Book • Prepare Paperwork for Tag Office on Sale Vehicles • Transport to Tag Office • Advertise Vehicles in Newspaper • Cost per CD per Vehicle • Prepare Paperwork for Wrecker Lien • Miscellaneous Supplies • Auctioneer Fee Total Cost per Vehicle: $37 - $53

14. Indices Considered in Researching the Towing Fees • Consumer Price index • Overall • Transportation • Fuel Index • Producer Price index: Labor

15. Consumer Price IndexSource: Bureau of Labor Statistics Notes: A 22% increase from the current $110 towing fee approved in 2001 = $134.20. A 22% increase from the current administrative fee = $43 .

16. Diesel Fuel Prices for County($ per Gallon)* Note: Prices do not include the $.25 Federal Highway Tax Diesel fuel prices have increased by 393% since 2002 *Source: Orange County Purchasing Records

17. Towing Rates at Other Agencies:Class A (Car) Towing* *Source: Survey of Other Agencies

18. Comparison Including Mileage ChargesTypical Five (5) Mile TowClass A Vehicle

19. Agenda • Background • Towing Industry Request • Research and Analysis • Recommended Towing Rates • Immobilization of Vehicles

20. Recommended Towing Rates • The Following Changes to the Towing Rates are Recommended for Both Trespass and Nonconsensual Towing: • Adjust Class A maximum flat rate by CPI and fuel index from $110 to $125 • Adjust Class B, C, and D maximum flat rates by CPI and fuel index to multiples of 2, 3, and 4 respectively • Adjust the administrative fee (after 48 hours) by CPI and costs from $35 to $45

21. Agenda • Background • Towing Industry Request • Research and Analysis • Recommended Towing Rates • Immobilization of Vehicles

22. Immobilization of Vehicles • “Immobilization” Definition • Rendering a vehicle incapable of moving • Use of “boot”, “Club”, or other mechanical device

23. Immobilization Recommendation • Prohibit Immobilization in Unincorporated Orange County Unless Otherwise Permitted by Law • Examples: • F.S. 316.191 allows immobilization by court order for persons involved in drag racing • F.S. 316.193 allows for immobilization by order of the court for DUI convictions • F.S. 320.02 allows for the immobilization of certain unregistered vehicles by the DMV • F.S. 322.34 allows law enforcement to immobilize a vehicle if driving while license suspended, revoked, cancelled, or disqualified • F.S. 327.25 allows for boating vessels to be immobilized for boating under the influence. • Allow a maximum fee of $22 for immobilization in the above instances

24. Staff Recommendation • Request Board Direct Staff to Prepare Revisions to the Current Towing Ordinance to Include New Maximum Rates and Prohibit Immobilization of Vehicles Unless Otherwise Authorized by Law • Bring Ordinance Revisions to the Board for Approval in Accordance with Procedures Governing Adoption of Ordinance Revisions