1 orange county towing ordinance august 19, 2008 warren geltch assistant county administrator

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Orange County Towing Orange County Towing OrdinanceOrdinance

August 19, 2008

Warren GeltchWarren GeltchAssistant County AdministratorAssistant County Administrator

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AgendaAgenda

• BackgroundBackground

• Current Maximum RatesCurrent Maximum Rates

• Recommended Towing RatesRecommended Towing Rates

• Immobilization of VehiclesImmobilization of Vehicles

• Other Ordinance ProvisionsOther Ordinance Provisions

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AgendaAgenda






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BackgroundBackground

• BCC Adopted the Current Towing BCC Adopted the Current Towing Ordinance in November 1998Ordinance in November 1998

• Some Rates were Adjusted in 2001Some Rates were Adjusted in 2001

• Ordinance was Discussed with the Ordinance was Discussed with the Board on June 24, 2008 Board on June 24, 2008

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Types of TowingTypes of Towing

• Trespass towing Trespass towing – Removal from private property without Removal from private property without

consent of the vehicle ownerconsent of the vehicle owner• Requires prior notice to Sheriff’s OfficeRequires prior notice to Sheriff’s Office• Requires written agreement between towing Requires written agreement between towing

company and private property ownercompany and private property owner• Maximum rates for specific size (class) of vehicle Maximum rates for specific size (class) of vehicle

towedtowed

• Nonconsensual towingNonconsensual towing– Removal from accident sceneRemoval from accident scene– Removal of abandoned vehicleRemoval of abandoned vehicle

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AgendaAgenda






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Current Maximum RatesCurrent Maximum Rates

• Trespass and Nonconsensual TowingTrespass and Nonconsensual Towing– Class A: 10K lbs. or less: Class A: 10K lbs. or less:

• Flat rate: $110 Flat rate: $110 • Per mile over 10 miles: $3Per mile over 10 miles: $3• Per quarter hour over 30 minutes @ the scene: $15Per quarter hour over 30 minutes @ the scene: $15• Storage per day: $20Storage per day: $20• Administrative Fee (after 48 hours): $35 (for all classes) Administrative Fee (after 48 hours): $35 (for all classes)

– Class B: 10K-19.5K lbs.:Class B: 10K-19.5K lbs.:• Flat rate: $200 Flat rate: $200 • Per mile over 10 miles: $4Per mile over 10 miles: $4• Per quarter hour over 30 minutes @ the scene: $15Per quarter hour over 30 minutes @ the scene: $15• Storage per day: $30Storage per day: $30

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Current Maximum RatesCurrent Maximum Rates

• Trespass and Nonconsensual TowingTrespass and Nonconsensual Towing– Class C: 19.5K-25K lbs.Class C: 19.5K-25K lbs.

• Flat rate: $300 Flat rate: $300 • Per mile over 10 miles: $5Per mile over 10 miles: $5• Per quarter hour over 30 minutes @ the scene: $75Per quarter hour over 30 minutes @ the scene: $75• Storage per day: $60Storage per day: $60

– Class D: Over 25K lbs. Class D: Over 25K lbs. • Flat rate: $400 Flat rate: $400 • Per mile over 10 miles: $6Per mile over 10 miles: $6• Per quarter hour over 30 minutes @ the scene: $100Per quarter hour over 30 minutes @ the scene: $100• Storage per day: $60Storage per day: $60

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AgendaAgenda






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Towing RatesTowing Rates

• The Following Changes to the Towing Rates The Following Changes to the Towing Rates are Recommended for Both Trespass and are Recommended for Both Trespass and Nonconsensual Towing:Nonconsensual Towing:– Adjust Class A maximum flat rate by CPI and fuel Adjust Class A maximum flat rate by CPI and fuel

index from $110 to $125index from $110 to $125– Adjust Class B, C, and D maximum flat rates by Adjust Class B, C, and D maximum flat rates by

CPI and fuel index to multiples of 2, 3, and 4 CPI and fuel index to multiples of 2, 3, and 4 respectivelyrespectively

– Adjust the administrative fee (after 48 hours) by Adjust the administrative fee (after 48 hours) by CPI and costs from $35 to $45CPI and costs from $35 to $45

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AgendaAgenda






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Immobilization of VehiclesImmobilization of Vehicles

• ““Immobilization” DefinitionImmobilization” Definition– Rendering a vehicle incapable of movingRendering a vehicle incapable of moving– Use of: “the Club”, “boot”, or other Use of: “the Club”, “boot”, or other

mechanical devicemechanical device

• Current Ordinance Does Not Address Current Ordinance Does Not Address ImmobilizationImmobilization

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ImmobilizationImmobilization

• Revised Ordinance Prohibits Immobilization in Revised Ordinance Prohibits Immobilization in Unincorporated Orange County Unless Otherwise Unincorporated Orange County Unless Otherwise Permitted by LawPermitted by Law

• Some Examples Where Immobilization is Some Examples Where Immobilization is Permitted:Permitted:

– F.S. 316.191 by court order for persons involved in drag F.S. 316.191 by court order for persons involved in drag racing racing

– F.S. 316.193 by court order for DUI convictions F.S. 316.193 by court order for DUI convictions – F.S. 320.02 certain unregistered vehicles by the DMVF.S. 320.02 certain unregistered vehicles by the DMV– F.S. 322.34 by law enforcement if driving while license F.S. 322.34 by law enforcement if driving while license

suspended, revoked, cancelled, or disqualifiedsuspended, revoked, cancelled, or disqualified– F.S. 327.25 boating vessels for boating under the F.S. 327.25 boating vessels for boating under the

influence.influence.

• Revised Ordinance Allows a Maximum Fee of $22 Revised Ordinance Allows a Maximum Fee of $22 for Immobilization in All Instancesfor Immobilization in All Instances

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AgendaAgenda






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Other Ordinance ProvisionsOther Ordinance Provisions• No Towing (or Immobilization):No Towing (or Immobilization):

– Occupied vehicleOccupied vehicle– Emergency or law enforcement vehicleEmergency or law enforcement vehicle– Delivery vehicle (while delivering)Delivery vehicle (while delivering)

• No Solicitation or Rebates from Private No Solicitation or Rebates from Private Property OwnersProperty Owners

• Complaint ProcessComplaint Process– Consumer Fraud UnitConsumer Fraud Unit– Code Enforcement DivisionCode Enforcement Division

• Enforcement ProvisionsEnforcement Provisions

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Staff RecommendationStaff Recommendation

Request Board Approve the Request Board Approve the Revised Towing Ordinance Revised Towing Ordinance as Submittedas Submitted

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Questions and DiscussionQuestions and Discussion

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Changes to Rates Since 1998Changes to Rates Since 1998

• Rate Increase Approved in October 2001 for Rate Increase Approved in October 2001 for Both Trespass and Nonconsensual TowingBoth Trespass and Nonconsensual Towing– Flat rate for Class A vehicles adjusted from $100 Flat rate for Class A vehicles adjusted from $100

to $110to $110– Administrative fee (after 48 hours) for all classes Administrative fee (after 48 hours) for all classes

adjusted from $30 to $35 adjusted from $30 to $35

• Request for Rate Increase from Towing Request for Rate Increase from Towing Industry in 2005 Was Not Submitted to Industry in 2005 Was Not Submitted to Board for ApprovalBoard for Approval

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Research and AnalysisResearch and Analysis

• Towing Operational CostsTowing Operational Costs

• Various IndicesVarious Indices– CPICPI– Fuel IndexFuel Index– Labor IndicesLabor Indices

• Rates at Other CountiesRates at Other Counties

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What Are the Costs to Tow a What Are the Costs to Tow a Vehicle?Vehicle?

• DriversDrivers

• Administrative CostsAdministrative Costs– WreckersWreckers– Fuel Fuel – Business Operations, Overhead and Business Operations, Overhead and

EquipmentEquipment– Staff Salaries and BenefitsStaff Salaries and Benefits

• ProfitProfit

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Wrecker Service Costs*Wrecker Service Costs*Cost of a New Truck for Class A TowingCost of a New Truck for Class A Towing $70,000 - $80,000$70,000 - $80,000

Cost of a New Truck for Class B TowingCost of a New Truck for Class B Towing $100,000 - $125,000$100,000 - $125,000

Cost of a New Truck for Class C & D TowingCost of a New Truck for Class C & D Towing $450,000 - $500,000$450,000 - $500,000

Life Span of a New TruckLife Span of a New Truck 5 - 7 years5 - 7 years

Mileage per Gallon of GasMileage per Gallon of Gas 7 - 10 mpg7 - 10 mpg

Annual Vehicle Maintenance (Excluding Fuel)Annual Vehicle Maintenance (Excluding Fuel) $10,000 - $15,000$10,000 - $15,000

Driver Salary RangesDriver Salary Ranges $25,000 - $40,000$25,000 - $40,000

Benefits: Life & Health Ins. / Workers’ CompBenefits: Life & Health Ins. / Workers’ Comp Amount VariesAmount Varies

Other Staff: (Owners / Partners, Managers, Other Staff: (Owners / Partners, Managers, Supervisors, Dispatchers, Receptionist, Lot Supervisors, Dispatchers, Receptionist, Lot Personnel, Clerical, Mechanics)Personnel, Clerical, Mechanics)

Amount VariesAmount Varies

Business/Garage: Mortgage, Taxes, Over- Business/Garage: Mortgage, Taxes, Over- head, Insurance head, Insurance

Amount VariesAmount Varies

*Source: Professional Wrecker Operators of Florida, Inc.

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Administrative Fees – Stored VehiclesAdministrative Fees – Stored Vehicles• Data Entry/DMV ResearchData Entry/DMV Research• Out of State VIN VerificationOut of State VIN Verification• Print Letters/Envelopes to Owners of VehiclesPrint Letters/Envelopes to Owners of Vehicles• Record/Log/Stamp/MailRecord/Log/Stamp/Mail• Transport to Post OfficeTransport to Post Office• Pay for Certified LettersPay for Certified Letters• Copy & Notarize Log BookCopy & Notarize Log Book• Prepare Paperwork for Tag Office on Sale VehiclesPrepare Paperwork for Tag Office on Sale Vehicles• Transport to Tag OfficeTransport to Tag Office• Advertise Vehicles in NewspaperAdvertise Vehicles in Newspaper• Cost per CD per VehicleCost per CD per Vehicle• Prepare Paperwork for Wrecker LienPrepare Paperwork for Wrecker Lien• Miscellaneous SuppliesMiscellaneous Supplies• Auctioneer FeeAuctioneer Fee Total Cost per Vehicle: $37 - $53

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Indices Considered in Indices Considered in Researching the Towing FeesResearching the Towing Fees

• Consumer Price indexConsumer Price index– OverallOverall– TransportationTransportation

• Fuel IndexFuel Index

• Producer Price index: LaborProducer Price index: Labor

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Consumer Price IndexConsumer Price IndexSource: Bureau of Labor Statistics

Year CPI Increase

2001 Base Year

2002 1.3%

2003 2.3%

2004 2.5%

2005 3.6%

2006 3.4%

2007 2.9%

2008 4.2% (partial year)

Total 22% (compounded)

Notes: A 22% increase from the current $110 towing fee approved in 2001 = $134.20. A 22% increase from the current administrative fee = $43 .

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Diesel Fuel Prices for CountyDiesel Fuel Prices for County

($ per Gallon)*($ per Gallon)*

Diesel fuel prices have increased by 393% since 2002Diesel fuel prices have increased by 393% since 2002

Fuel Fuel TypeType

May May 20022002

May May 20032003

May May 20042004

May May 20052005

May May 20062006

May May 20072007

May May 20082008

NOWNOW

Diesel 1.05 1.37 1.42 1.89 2.52 2.49 4.13 4.35Note: Prices do not include the $.25 Federal Highway TaxNote: Prices do not include the $.25 Federal Highway Tax

*Source: Orange County Purchasing Records

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Towing Rates at Other Agencies:Towing Rates at Other Agencies:Class A (Car) Towing*Class A (Car) Towing*

EntityEntity Max. Flat RateMax. Flat Rate MileageMileage Storage + Admin. FeeStorage + Admin. Fee

Orange $110 $3 after 10 $20 + $35

Orlando $100 $3 after 10 $20 + $50

Seminole $112 $3 after 10 $20 + $35

Osceola $110 $3 after 10 $20 + $45

Volusia $100 $3 after 10 $20 + NS

Brevard $111 $3 after 10 $20 + $30

Polk $100 $4 after 0 $20 + $75

Lake $120 $4 after 0 $25 + $75

Hillsborough $110 $4 after 0 $25 + $45

Pinellas $100 $3 after 0 $25 + $35

Palm Beach $111-N/$150-T $6 after 0 $25 + $35

*Source: Survey of Other Agencies

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Comparison Including Mileage Comparison Including Mileage ChargesCharges

Typical Five (5) Mile TowTypical Five (5) Mile TowClass A VehicleClass A Vehicle

OrangeOrange $110$110

PolkPolk $120$120

LakeLake $140$140

HillsboroughHillsborough $130$130

PinellasPinellas $115$115

Palm BeachPalm Beach $141 - $210$141 - $210

1 orange county towing ordinance august 19, 2008 warren geltch assistant county administrator

Documents

current towing ordinance

ordinance provisionsno

towing company

towing ratesthe

maximum fee

d maximum flat rates

current maximum ratestrespass

quarter hour