HomeMy WebLinkAboutAgenda Council Agenda 092211
CITY OF PALM BEACH GARDENS
COUNCIL AGENDA
September 22, 2011
7:00 P.M.
I. PLEDGE OF ALLEGIANCE
II. ROLL CALL
III. ADDITIONS, DELETIONS, MODIFICATIONS:
IV ANNOUNCEMENTS / PRESENTATIONS:
V. ITEMS OF RESIDENT INTEREST AND BOARD/COMMITTEE REPORTS:
VI. CITY MANAGER REPORT:
VII. COMMENTS FROM THE PUBLIC: (For Items Not on the Agenda, please submit
request form to the City Clerk prior to this Item)
VIII. CONSENT AGENDA:
a. (Staff Report on Page 4, Resolution on Page 6) RESOLUTION 56, 2011 –
AWARD CONTRACT FOR TOWING SERVICES. A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA
APPROVING AGREEMENTS WITH ALL FLORIDA TOWING, ALL-TIME
TOWING, INC., AND KAUFF’S OF PALM BEACH, INC. FOR VEHICLE
TOWING SERVICES VIA INVITATION TO BID NO. 2011-005, AND SETTING
THE MAXIMUM ALLOWABLE TOWING CHARGES; AUTHORIZING THE
MAYOR TO EXECUTE THE AGREEMENTS; PROVIDING AN EFFECTIVE
DATE; AND FOR OTHER PURPOSES.
IX. PUBLIC HEARINGS: (* Designates Quasi-Judicial Hearing)
a. PRESENTATION OF THE FISCAL YEAR 2010/2011 BUDGET.
b. (Staff Report on Page 400, Resolution on Page 402) RESOLUTION 54, 2011 -
ADOPTING A TAX LEVY AND MILLAGE RATE. A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA ADOPTING A
TAX LEVY AND MILLAGE RATE FOR THE CITY OF PALM BEACH GARDENS
FOR THE FISCAL YEAR COMMENCING OCTOBER 1, 2011, AND ENDING
SEPTEMBER 30, 2012; DIRECTING THE CITY CLERK TO FORWARD A
CERTIFIED COPY OF THIS RESOLUTION TO THE PROPERTY APPRAISER
AND TAX COLLECTOR WITHIN THREE (3) DAYS AFTER ITS ADOPTION;
PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES.
Mayor Levy
Vice Mayor Premuroso
Council Member Russo
Council Member Jablin
Council Member Tinsley
c. (Staff Report on Page 400, Ordinance on Page 404) ORDINANCE 18, 2011 –
(2ND READING AND ADOPTION) ADOPTING FISCAL YEAR 2011/2012
BUDGET. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM
BEACH GARDENS, FLORIDA ADOPTING THE BUDGET FOR THE CITY OF
PALM BEACH GARDENS FOR THE FISCAL YEAR COMMENCING OCTOBER
1, 2011, AND ENDING SEPTEMBER 30, 2012; PROVIDING A CONFLICTS
CLAUSE AND A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE;
AND FOR OTHER PURPOSES.
d. (Staff Report on Page 406, Ordinance on Page 408) ORDINANCE 12, 2011 –
(1st READING) AMEND THE CITY’S PARKS AND RECREATION CODE. AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH
GARDENS, FLORIDA REPEALING CHAPTER 46. PARKS AND RECREATION
IN ITS ENTIRETY AND READOPTING SAME, AS REVISED, IN ORDER TO
AMEND AND CLARIFY THE REGULATIONS THAT GOVERN THE USE OF
THE CITY’S PARKS AND RECREATION FACILITIES; PROVIDING A
CONFLICTS CLAUSE, A SEVERABILITY CLAUSE, AND AUTHORITY TO
CODIFY; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES.
e. (Staff Report on Page 423, Ordinance on Page 426) ORDINANCE 19, 2011 –
(2nd READING AND ADOPTION) AMENDING THE CITY’S ADVISORY BOARDS
AND COMMITTEES. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF PALM BEACH GARDENS, FLORIDA AMENDING CHAPTER 2.
ADMINISTRATION AT ARTICLE III. BOARDS AND COMMITTEES;
REPEALING SECTIONS 2-109, 2-119, 2-139, AND 2-149, ALL ENTITLED
MEETINGS. IN ORDER TO AMEND MEETING FREQUENCY; FURTHER
AMENDING ARTICLE III. BY REPEALING SECTIONS 2-125. THROUGH 2-129.
IN THEIR ENTIRETY IN ORDER TO ELIMINATE THE ECONOMIC
DEVELOPMENT ADVISORY BOARD AND RESERVING THE SUBJECT
SECTIONS FOR FUTURE LEGISLATION; FURTHER AMENDING ARTICLE III.
BY REPEALING SUB-SECTION 2-148(b) AND READOPTING SAME, AS
REVISED IN ORDER TO REVISE THE MEMBERSHIP REQUIREMENTS OF
THE PLANNING AND ZONING BOARD; PROVIDING THAT EACH AND EVERY
OTHER SECTION AND SUBSECTION OF CHAPTER 2. ADMINISTRATION
SHALL REMAIN THE SAME AS PREVIOUSLY ADOPTED; PROVIDING A
CONFLICTS CLAUSE, A SEVERABILITY CLAUSE, AND AUTHORITY TO
CODIFY; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES.
X. RESOLUTIONS:
a. (Staff Report on Page 431, Resolution on Page 434) RESOLUTION 61, 2011 -
FUND BALANCE POLICY FOR THE GENERAL FUND. A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA
ESTABLISHING THE FUND BALANCE POLICY FOR THE GENERAL FUND OF
THE CITY OF PALM BEACH GARDENS; PROVIDING AN EFFECTIVE DATE;
AND FOR OTHER PURPOSES.
XI. ITEMS FOR COUNCIL ACTION/DISCUSSION:
XII. CITY ATTORNEY REPORT:
XIII. ADJOURNMENT
PLEASE TAKE NOTICE AND BE ADVISED that if any interested party wishes to appeal
any decision made by the City Council with respect to any matter considered at this public
hearing, such interested persons will need a record of the proceedings and may need to ensure
that a verbatim record is made, including the testimony and evidence upon which the appeal is
to be based.
In accordance with the Americans with Disabilities Act and Section 286.26, Florida Statutes,
persons with disabilities needing special accommodations in order to participate in this
proceeding are entitled to the provision of certain assistance at no cost. Please call the City
Clerk’s Office at 561-799-4122 no later than 5 days prior to the hearing if this assistance is
required. For hearing impaired assistance, please call the Florida Relay Service Numbers:
800-955-8771 (TDD) or 800-955-8770 (VOICE).
NOTE:
All presentation materials must be received by
the City Clerk prior to the presentation to the Council.
CITY OF PALM BEACH GARDENS CITY COUNCIL
Agenda Cover Memorandum
Meeting Date: September 22,201 1
Resolution 56,2011
SubjectlAgenda Item: Contract Award to Kauffs Towing, All-Time Towing, and All Florida
Towing for annual towing services, and to establish maximum allowable towing charges
[XI Recommendation to APPROVE
1 Recommend
Reviewed by:
City Attorney n
Finance Administrator n
v
Allan Owens
Submitted by:
Deputy City Mana er c
Approved by:
City Manager
Lion to DENY
Originating Dept.:
Community Services
k&qm
Mike Morrow
Operations Director
Advertised:
Paper:
[ X ] Not Required
Affected parties
[ ] Notified
[ ] Not required
r,
costs: o.00
(Total)
$0.00
Current FY
Funding Source:
[ ]Operating
[ ]Other
Budget Acct.#:
NIA
Council Action:
[ ]Approved
[ ] Approved w/
Conditions
[ ] Denied
[ ] Continued to:
Attachments:
0 Resolution 56, 201 1 - Exhibit “A” - Chart
of Maximum
Allowable Towing
Charges - Exhibit “B” -
Agreements for
Towing Services
Meeting Date: September 22,201 1
Resolution 56, 2011
Page 2 of 2
BACKGROUND: The City utilizes towing companies on an as-needed basis in response to
vehicular or equipment accidents or failures. The City’s current agreements for Annual
Vehicle Towing Services are scheduled to expire on September 30, 201 1. In preparation
of these agreements expiring, the City released Invitation to Bid (ITB) No. 201 1-005 for
Annual Vehicle Towing Services, in which three (3) vendors responded: Kauffs Towing,
All-Time Towing, and All Florida Towing. These same vendors are currently under contract
with the City to provide such services and have been for the last nine (9) years. These
vendors have proven themselves to be responsive and dependable during the term of their
contracts.
A chart of Maximum Allowable Towing Charges (see Exhibit “A, to Resolution 56, 201 1)
was created based on rates submitted by the vendors in response to ITB No. 201 1-005.
Staff recommends setting the maximum charges based upon the chart provided and
entering into a two (2) year towing agreement with each of the three (3) vendors (see
Exhibit “B” of Resolution 56, 201 I), with an option to renew. If approved, vendors will be
contacted by the City for tow services on a rotational basis.
STAFF RECOMMENDATION: Staff recommends approval of Resolution 56, 201 1 as
presented.
--
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RESOLUTION 56,2011
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
BEACH GARDENS, FLORIDA APPROVING AGREEMENTS WITH ALL
PALM BEACH, INC. FOR VEHICLE TOWING SERVICES VIA
ALLOWABLE TOWING CHARGES; AUTHORIZING THE MAYOR TO
EXECUTE THE AGREEMENTS; PROVIDING AN EFFECTIVE DATE;
AND FOR OTHER PURPOSES.
FLORIDA TOWING, ALL-TIME TOWING, INC., AND KAUFF’S OF
INVITATION TO BID NO. 2011-005, AND SETTING THE MAXIMUM
WHEREAS, the City issued Invitation to Bid (ITB) No. 201 1-005 for Vehicle Towing
Services; and
WHEREAS, the City wishes to enter into a two- (2) year contract with all qualified
and responsive towing firms and to distribute tow calls on a rotational basis in accordance
with the specifications set forth in the ITB; and
WHEREAS, based on the rates submitted by the respondents to the ITB, a Chart of
Maximum Allowable Towing Charges was developed to be utilized by all firms contracting
with the City to provide towing services, which is attached hereto as Exhibit “A”; and
WHEREAS, such Agreements have been prepared and are attached hereto as
Exhibit “B”; and
WHEREAS, the City Council deems approval of this Resolution to be in the best
interests of the health, safety, and welfare of the residents and citizens of the City of Palm
Beach Gardens and the public at large.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF PALM BEACH GARDENS, FLORIDA that:
SECTION 1. The foregoing recitals are hereby affirmed and ratified
SECTION 2. The City Council hereby approves the Agreements with the following
towing companies to provide towing services on a rotational basis: All Florida Towing, All-
Time Towing, Inc., and Kauffs of Palm Beach, Inc., and approves the Chart of Maximum
Allowable Towing Charges. The City Council authorizes the Mayor to execute said
Agreements and authorizes the City Manager to execute future Addenda.
SECTION 3. This Resolution shall become effective immediately upon adoption.
Page 1 of 2
Resolution 56, 201 1
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46 47
PASSED AND ADOPTED this day of ,2011.
CITY OF PALM BEACH GARDENS, FLORIDA
BY:
David Levy, Mayor
ATTEST:
BY:
Patricia Snider, CMC, City Clerk
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
BY:
R. Max Lohman, City Attorney
VOTE:
MAYOR LEVY
VICE MAYOR PREMUROSO
COUNCILMEMBER RUSSO
COUNCILMEMBER JABLIN
COUNCILMEMBER TINSLEY
AYE NAY ABSENT
G:\attorney-share\RESOLUTlONS\201 l\Resolution 56 201 I- towing contract - 201 I .doc
Page 2 of 2
EXHIBIT “A”
CHART OF MAXIMUM ALLOWABLE TOWING CHARGES
Vehicles other than
City-owned or leased City-owned or leased
Services vehicles/equipment ve h icleslequi pment
~
1.
A.
B.
C.
D.
E.
F.
~ ~~ ~~ ~ ~~ ~ ~ ~
Towing: (To include removal of drive-line and unlocking services)
Cars and Trucks up to 10,000
GW (Class "A') $143.00 $44.55
Trucks between 10,000-25,000
GVW Class "B") $1 86.00 $66.55
All other fees charged will be based on Palm Beach County Towing Ordinance 2010-001.
Contract Fee: Contractor shall pay to the City $1,000.00 per year for the term of the contract.
Administrative Fee: Contractor shall pay to the City $10.00 per vehicle towed on a monthly basis.
EXHIBIT “B”
AGREEMENT BETWEEN
CITY OF PALM BEACH GARDENS
AND
KAUFF’S OF PALM BEACH, INC.
THIS AGREEMENT is entered into this day of I
2011, effective immediately, by and between Kauffs of Palm Beach, Inc., whose
address is 4701 East Avenue, West Palm Beach, Florida 33407, hereinafter referred to
as “Vendor”, and the City of Palm Beach Gardens, a municipal corporation, whose
address is 10500 North Military Trail, Palm Beach Gardens, Florida 33410, hereinafter
referred to as “City“.
WITNESSETH
The City and Vendor, in consideration of the mutual covenants contained herein
and other good and valuable consideration, the receipt and value of which is hereby
acknowledged by both parties, hereby agree as follows:
1. The City and Vendor both hereby agree to enter into an agreement for the purpose
of providing towing and storage services, when required, of vehicles from the
streets or other public property within the City limits as requested by the City’s
Police Department and other departments.
2. All the terms and conditions of this Agreement shall be the terms and conditions as
specifically set forth in Invitation to Bid #2011-005 for the City of Palm Beach
Garden’s Contract for Annual Vehicle Towing Services. The General Terms and
Conditions and Technical specifications (the “ITB”) is attached hereto and
incorporated herein as Exhibit “A”. The Vendor’s fully executed Proposal
Submission Statement and Pricing Schedules submitted to the City are attached
hereto and incorporated herein as Exhibit “B”. All insurance documents required
thereby, the fully executed Notification of Public Entity Crimes Law Affidavit, and
any other materials required under the ITB documents are attached hereto and
incorporated herein as Exhibit “C”. Both parties hereby agree and acknowledge
that this three- (3) page Agreement, together with all Proposal documents (Exhibits
“A”, “B”, and “C”), shall constitute the entire Agreement.
3. Notice as required in this Agreement shall be sufficient when sent by certified mail
or hand delivered to the parties at the following addresses:
Page 1 of 3
City of Palm Beach Gardens
10500 North Military Trail
Palm Beach Gardens, Florida 33410
Attn: Ronald Ferris, City Manager
Vendor
Kauffs of Palm Beach, Inc.
4701 East Avenue
West Palm Beach, Florida 33407
Attn: F. Geoffrey Russell, President
4. The Vendor shall perform all work required in accordance with the IT9
specificat ions.
5. The initial term of this Agreement shall be for a period of five (5) years and will
commence on the date first written hereinabove (the "effective date"). By mutual
written agreement, this Agreement may be renewed based upon the same terms
and conditions.
6. If any legal action or other proceeding is brought for the enforcement of this
Agreement, or because of an alleged dispute, breach, default, or misrepresentation
in connection with any provisions of this Agreement, the successful or prevailing
party or parties shall be entitled to recover reasonable attorneys' fees, court costs,
and all expenses, even if not taxable as court costs (including, without limitation, all
such fees, costs, and expenses incidental to appeals), incurred in that action or
proceeding, in addition to any other relief to which such party or parties may be
en tit led.
7. If any term, covenant, condition, or provision of this Agreement shall be ruled by a
court of competent jurisdiction to be invalid, void, or unenforceable, the remainder
shall remain in full force and effect and shall in no way be affected, impaired, or
invalidated.
8. This Agreement shall be construed in accordance with the laws of the State of
Florida. Should any dispute arise from this Agreement, venue shall lie in Palm
Beach County, Florida. Furthermore, the parties hereby waive their respective
rights to a trial by jury.
9. This three- (3) page Agreement, along with all other documents referred to in
paragraph 2 above, constitutes the entire agreement between the parties; no
modification shall be made to this Agreement unless such modification is in writing,
agreed to by both parties, and attached hereto as an addendum to this Agreement.
Page 2 of 3
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the
date first written above.
CITY OF PALM BEACH GARDENS, FLORIDA
By:
David Levy, Mayor
ATTEST:
By:
Patricia Snider, CMC, City Clerk
APPROVED AS TO FORMA
I
(CORPORATE SEAL)
WITNESSES: r
G:\attorney-share\AGREEMENTS\towing agreement - kauffs-2011 .docx
Page 3 of 3
EXHIBIT A
CITY OF PALM BEACH GARDENS
INVITATION TO BID #2011-005
ANNUAL VEHICLE TOWING SERVICES
DEADLINE FOR PROPOSALS: AUGUST 15, 2011
City of Palm Beach Gardens ITB# 2011-005 Annual Vehicle Towing Services
Page 2
TABLE OF CONTENTS
PAGE
LEGAL ADVERTISEMENT 3
SECTION 1 – INTRODUCTION AND INFORMATION 4
SECTION 2 – GENERAL CONDITIONS 7
SECTION 3 – SPECIAL CONDITIONS 14
SECTION 4 – SCOPE OF SERVICES/ TECHNICAL SPECIFICATIONS 17
SECTION 5 – PRICING SCHEDULE 23
SECTION 6 – REQUIRED FORMS 24
SECTION 7 – SAMPLE AGREEMENT 31
ATTACHMENT A
PALM BEACH COUNTY TOWING ORDINANCE 2010-001
City of Palm Beach Gardens ITB# 2011-005 Annual Vehicle Towing Services
Page 3
CITY OF PALM BEACH GARDENS
10500 NORTH MILITARY TRAIL
PALM BEACH GARDENS, FLORIDA 33410-4698
LEGAL ADVERTISEMENT
AUGUST 01, 2011
INVITATION TO BID # 2011-005
ANNUAL VEHICLE TOWING SERVICES
The City of Palm Beach Gardens is seeking bids from qualified firms to provide Vehicle Towing
Services for the City’s Police Department and other departments as required, in accordance with the
terms, conditions, and specifications contained in Invitation to Bid #2011-005.
Note: This DOES NOT include the removal of abandoned, wrecked, or junked vehicles on PRIVATE
property declared to be a nuisance under City Code Section 34-181.
Invitations to Bid (ITB) documents are available beginning August 01, 2011, at 8:00 a.m. EST by going
to the City of Palm Beach Gardens website at http://www.pbgfl.com/bids under “PBG Government/
Bids” and following the link for Demand Star, or by contacting the City Clerk’s Office at (561) 799-4121.
Sealed bids must be clearly marked “ITB 2011-005 Annual Vehicle Towing Services” and delivered
to the Office of the City Clerk at 10500 North Military Trail, Palm Beach Gardens, Florida 33410.
The deadline for submission of bids is Monday, August 15, 2011 at 2:00 p.m. EST. At that time, the
bids will be publicly opened and read aloud in the City Hall Council Chambers, 10500 North Military
Trail, Palm Beach Gardens, Florida 33410. Late proposals will not be accepted and returned to the
sender unopened.
It is the responsibility of the bidder to ensure all pages are included in the submission. All bidders are
advised to closely examine the ITB package. Any questions regarding the completeness or substance
of the of the ITB package or scope of services must be submitted in writing via email or fax to Michael
Morrow, Operations Director, mmorrow@pbgfl.com, or (561) 775-8279 no later than Monday, August
08, 2011 at 5:00 p.m. EST. The City of Palm Beach Gardens is exempt from Federal and State Taxes
for tangible personal property tax.
The City of Palm Beach Gardens reserves the right to accept or reject any or all bid submittals, in whole
or in part, with or without cause, to waive any irregularities and/or technicalities, and to award the
contract on such coverage and terms it deems will best serve the interests of the City.
CITY OF PALM BEACH GARDENS
Patricia Snider, CMC, City Clerk
Publish: Palm Beach Post
Sunday, July 31, 2011
City of Palm Beach Gardens ITB# 2011-005 Annual Vehicle Towing Services
Page 4
SECTION 1
INTRODUCTION AND INFORMATION
1.1 PURPOSE AND INTENT
The City of Palm Beach Gardens (City) seeks the services of a qualified firm(s) (Bidder) to
provide towing and storage services, when required, of vehicles from the streets or other public
property within the City limits as requested by the City’s Police Department and other
departments. This DOES NOT include the removal of abandoned, wrecked, or junked vehicles
on PRIVATE property declared to be a nuisance under City Code Section 34-181.
Maximum charges for services will be set by the City of Palm Beach Gardens City Council using
Palm Beach County Towing Ordinance 2010-001 (see Attachments for County Ordinance), as
amended from time to time, as a guideline. These rates will be the only rates charged to the
vehicle owners under this agreement.
The intent of this solicitation is to establish a contract to provide prompt, reliable, and efficient
services at a uniform and reasonable cost.
The City desires to award contracts to a minimum of three (3), maximum of five (5) qualified tow
companies to provide Class A, B, and C towing services.
1.2 INTERPRETATION/ COMMUNICATION
If any potential Bidder is in doubt as to the true meaning of the technical specifications,
procedures for responding to the ITB, etc., the Bidder may submit a request for clarification to
Michael Morrow, Operations Director, at mmorrow@pbgfl.com or via fax (561) 775-8279.
Such contact shall be for clarification purposes only. Bidders discovering any ambiguity,
conflict, discrepancy, omission, or other error in this ITB, shall immediately notify the City of
such error in writing and request modification or clarification of the ITB.
If any material changes to the scope of services or bidding procedures become necessary, the
City will issue an Addendum. A copy of the Addendum will be sent to DemandStar which will
provide notification to all prospective Bidders who received an original ITB from DemandStar
(Those who are on the Plan Holders List). Addenda will be posted and disseminated by
DemandStar at least five (5) days prior to the bid opening date. Bidders registered as obtaining
printed bid documents directly from the City Clerk’s Office will be added to the Plan Holders List
on DemandStar and will receive Addenda via DemandStar.
In the event of conflict with the original bid documents, the Addendum shall govern all other bid
and contract documents to the extent specified. Subsequent Addenda shall govern over prior
Addenda only to the extent specified.
Additionally, the City prohibits communications initiated by a Bidder with any City official or
employee evaluating or considering the bids, other than requests for clarification regarding
technical specifications or bidding procedures, prior to the time an award decision has been
made, except as initiated by the appropriate City official or employee in order to obtain
information or clarification needed to develop a proper, accurate evaluation of the bid.
Communications so initiated by a Bidder may be grounds for disqualifying the offending bidder
from consideration for award of the bid and/or any future bids.
City of Palm Beach Gardens ITB# 2011-005 Annual Vehicle Towing Services
Page 5
1.3 ELIGIBILITY
To be eligible for consideration for this contract, Bidders must demonstrate that they have
successfully completed services similar to those specified in the Scope of Services section of
this ITB. The Bidder must be normally engaged in providing towing services in the State of
Florida, have prior successful experience in providing similar services during the past three (3)
years, have satisfactory financial support, required equipment, and organization sufficient to
ensure that they can satisfactorily provide contracted services.
Bidder shall not have any pending criminal charges against the firm, principal owners, partners,
corporate officers, or management employees.
Bidder must include as a part of the ITB submittal, a minimum of three (3) client references;
preferably other governmental entities, and sufficient documentation to support their
qualifications, abilities, and experience to perform the services contained in the ITB.
The City reserves the right to inspect the Bidder’s facilities, equipment, personnel, and
organization prior to award to determine the Bidder’s ability to perform.
1.4 CONTRACT TERM
The term of the contract shall be for an initial two (2) year period from the effective date of the
award. Prices shall be firm for the initial two (2) years. The contract may be renewed for three
(3) additional one (1) year terms upon the mutual written agreement of both parties.
1.5 SUBMITTION REQUIREMENTS
Bid packages must contain one (1) original, plus two (2) complete copies (total of 3), and one
(1) electronic version on CD. The original must be marked “ORIGINAL”. Each copy must be
identical to the original and the file format on the CD should be in Portable Data Format (pdf ).
The City will not accept or consider bids submitted by electronic transmission (i.e. facsimile, e-
mail or any other electronic means).
Bids should be prepared simply and economically, providing a straightforward, concise
description of the Bidder's ability to fulfill the requirements of the contract.
(See Section 2.4 for more details)
1.6 SUBMISSION DEADLINE DATE
Sealed bids will be received no later than Monday, August 15, 2011 at 2:00 p.m. EST. Bids will
not be accepted after this time.
1.7 COST(S) INCURRED TO RESPOND
All costs incurred in the preparation and submission of responses to this ITB, are the sole
responsibility of the Bidder; no such costs will be reimbursed by the City.
1.9 CONTRACT AWARD
This bid shall be awarded to the lowest responsive and responsible Bidder(s) whose bid(s) meet
all requirements as set forth in this solicitation. The lowest responsive and responsible
Bidder(s) will be determined in conjunction with the method of award which is described in the
Special Conditions.
City of Palm Beach Gardens ITB# 2011-005 Annual Vehicle Towing Services
Page 6
The City shall award a contract to a Bidder(s) through action taken by the City Council or the
City Manager.
The General Conditions, Special Conditions, Technical Specifications, and the Bidder’s bid form
are collectively an integral part of the contract between the City and the successful Bidder.
END OF SECTION 1
City of Palm Beach Gardens ITB# 2011-005 Annual Vehicle Towing Services
Page 7
SECTION 2
GENERAL CONDITIONS
2.1 BID BROADCAST
The City of Palm Beach Gardens issues Invitations to Bid electronically via DemandStar's
eProcurement bid distribution system. Obtaining Invitations to Bid through DemandStar will
ensure that the Bidder will have the following capabilities: receipt of Invitation to Bid
electronically, ability to track the status of award activity, receive addenda, receive the results of
awards, and view plans and blueprints online electronically. Bidders who obtain specifications
and plans from sources other than DemandStar are cautioned that the Invitation to Bid package
may be incomplete. The City will not accept incomplete bid packages.
DemandStar has no affiliation with the City of Palm Beach Gardens other than as a service that
facilitates communication between the City and vendors. DemandStar is an independent entity
and is not an agent or representative of the City. Communications to DemandStar does not
constitute communications to the City. Contact DemandStar at 800-711-1712 or visit
www.demandstar.com/supplier for more information.
The City is not responsible for errors and omissions occurring in the transmission or
downloading of any quote documents, plans, or specifications from this website. In the event of
any discrepancy between information on this website and the hard copy quote documents, the
terms and conditions of the hardcopy document will prevail.
2.2 DEFINITIONS
The City will use the following definitions in its general conditions, special conditions, technical
specifications, instructions, addenda, and any other document used in the bidding process:
1. Invitation to Bid (ITB) – formal request for bids from qualified Bidders
2. Request for Proposals (RFP) – formal request for proposals from qualified
Proposers
3. Bid – a price and terms quote received in response to an ITB
4. Proposal – an offer received in response to an RFP
5. Bidder – person or firm submitting a Bid
6. Proposer – person or firm submitting a Proposal
7. Responsive Bidder – a person whose bid conforms in all material respects to the
terms and conditions included in the ITB
8. Responsible Bidder – a person who has the capability in all respects to perform
in full the contract requirements, as stated in the ITB, and the integrity and
reliability that will assure good faith performance
9. Contractor – successful Bidder or Proposer who is awarded a contract to provide
goods or services to the City
10. Contract – A deliberate written agreement between two or more competent
parties to perform or not to perform a certain act or acts, including all types of
agreements, regardless of what they may be called, for the procurement or
disposal of equipment, materials, supplies, services or construction.
2.3 SPECIAL CONDITIONS
Any and all Special Conditions contained in this ITB that may vary or conflict with these General
Conditions, shall have precedence over these General Conditions.
City of Palm Beach Gardens ITB# 2011-005 Annual Vehicle Towing Services
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2.4 BID SUBMISSION
The complete bid must be submitted in a sealed envelope, box, or package, and be clearly
marked on the outside with the following:
1. Vendor’s name
2. Address
3. Telephone number
4. Fax number
5. Contact name
6. Bid Title
7. Date and Time to be opened
Bids must be submitted to:
The City of Palm Beach Gardens
Attention City Clerk’s Office
10500 N. Military Trail
Palm Beach Gardens, Florida 33410
It is the sole responsibility of the Bidder to ensure that his/her/its submission reaches the City
Clerk’s Office on or before the deadline date and time to receive consideration. Receipt by any
other City office, receptionist, or personnel other than the Clerk’s Office does not constitute
“receipt” as required by this solicitation. The City Clerk’s time stamp shall be conclusive as to
the timeliness of receipt. Invitations to Bid received after the deadline will not be accepted and
will be returned to the sender unopened.
All bids are subject to the conditions specified herein along with the special conditions, technical
specifications, pricing schedule and bid/proposal form.
2.5 BID OPENINGS
Bids shall be opened and publicly read into record in the City Hall Council Chambers at 10500
North Military Trail, Palm Beach Gardens, Florida 33410, on Monday, August 15, 2011 at 2:00
p.m. EST.
2.6 BID TABULATIONS
Bidders desiring a copy of the bid tabulation may request same by enclosing a self addressed,
stamped envelope with the bid.
2.7 PRICES QUOTED
Deduct trade discounts and quote firm net prices. Give both unit price and extended total, when
requested. Prices must be stated in units of quantity specified in the bid specifications. In case
of discrepancy in computing the amount of the bid, the unit price quoted will govern. All prices
quoted must be F.O.B. destination, freight prepaid, and installed. All discounts are to be
included in bid unit price. Each item must be bid separately. No attempt is to be made to tie
any item or items in with any other item or items. Cash or quantity discounts offered will not be
a consideration in determination of award of Bid(s). All prices quoted shall be guaranteed for
sixty (60) days from bid date unless otherwise specified in Special Conditions.
2.8 TAXES
The City of Palm Beach Gardens is exempt from Federal and State Taxes for tangible personal
property.
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2.9 MISTAKES
Bidders are cautioned to examine all terms, conditions, specifications, drawings, exhibits,
addenda, delivery instructions and special conditions pertaining to the ITB. Failure of the Bidder
to examine all pertinent documents shall not entitle him/her/it to any relief from the conditions
imposed in the contract.
2.10 PUBLIC RECORDS
Florida law provides that municipal records shall at all times be available to the public for
inspection. Chapter 119.01, Florida Statues, the Public Records Law. All material submitted in
connection with a bid response shall be deemed to be public record subject to public inspection
upon award, recommendation for award, or ten (10) days after bid opening, whichever occurs
first. However, certain exemptions to public disclosure are statutorily provided for in Section
119.07, Florida Statues If the Bidder believes any of the information contained in his/her/its bid
is considered confidential and/or proprietary, inclusive of trade secrets as defined in s. 812.081,
Florida Statues, and is exempt from the Public Records Law, then the Proposer, must in
his/her/its response, specifically identify the material which is deemed to be exempt and city the
legal authority for the exemption. All materials that qualify for exe mption from Chapter 119,
Florida Statues or other applicable law must be submitted in a separate envelope, clearly
identified as “EXEMPT FROM PUBLIC DISCLOSURE” with the firm’s name and the bid number
clearly marked on the outside. The City will not accept bids/proposals when the entire proposal
is labeled as exempt from disclosure. The City’s determination of whether an exemption applies
shall be final, and the Proposer agrees to defend, indemnify, and hold harmless the City and the
City’s officers, employees, and agents, against any loss or damages incurred by any person or
entity as a result of the City’s treatment of records as public records.
2.11 CONFLICT OF INTEREST
All Bidders must disclose with their bid the name of any officer, director, or agent who is also an
employee of the City of Palm Beach Gardens. Further, all Bidders must disclose the name of
any City employee who has any interest, financial or otherwise, direct or indirect, of five percent
(5%) or more in the Bidders’ firm or any of its branches. Failure to disclose any such affiliation
will result in disqualification of the Bidder from this bid and shall be further disqualified from
bidding on any future bids or proposals with the City.
(See Conflict of Interest Disclosure Form, Section 6)
2.12 PUBLIC ENTITY CRIMES
As provided in Section 287.133(2) (a), Florida Statutes, a person or affiliate who has been
placed on the convicted vendor list following a conviction for a public entity crime may not
submit a Bid on a contract to provide any goods or services to a public entity; may not submit a
Bid on a contract with a public entity for the construction or repair of a public building or public
work; may not submit Bids on leases of real property to a public entity; may not be awar ded or
perform work as a contractor, supplier, subcontractor, or consultant under a contract with any
public entity.
2.13 OFFICE OF INSPECTOR GENERAL (OIG)
The Bidder is aware that the Inspector General of Palm Beach County has the authority to
investigate and audit matters relating to the negotiation and performance of a contract awarded
pursuant to this ITB, and in furtherance thereof may demand and obtain records and testimony
from the successful Bidder and its subcontractors and lower-tier subcontractors. The successful
Bidder understands and agrees that in addition to all other remedies and consequences
provided by law, the failure of the successful Bidder or its subcontractors or lower-tier
subcontractors to fully cooperate with the Inspector General when requested may be deemed
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by the City of Palm Beach Gardens to be a material breach of any contract awarded pursuant to
this ITB, justifying its termination.
2.14 RESERVATION FOR REJECTIONS AND AWARD
The City of Palm Beach Gardens reserves the right to accept or reject any or all bid submittals,
in whole or in part, with or without cause, to waive any irregularities and/or technicalities, and to
award the contract on such coverage and terms it deems will best serve the interests of the City.
2.15 CONTRACT EXTENSION
The City reserves the right to extend a contract for a maximum period not to exceed ninety (90)
calendar days in order to provide City departments with continual service and supplies while a
new contract is being solicited, evaluated and/or awarded, provided this is expressly made a
part of any contract awarded in regard to this bid.
2.16 LEGAL REQUIREMENTS
Applicable provisions of all federal, state, county laws, and local ordinances, rules and
regulations, shall govern the items covered herein and shall govern any and all claims and
disputes which may arise between person(s) submitting a bid response hereto and the City.
Lack of knowledge by any Bidder will in no way be cause for relief from responsibility.
2.17 INSURANCE
Where awarded Contractors are required to go on to City property to deliver goods, materials, or
perform work or services as a result of Bid award, the awarded Contractor shall assume full
responsibility and expense to obtain all necessary insurance as required by City or specified in
Special Conditions.
The awarded Contractor shall provide to the City original certificates of coverage and receive
notification of approval of those certificates by the City’s Risk Coordinator or designee prior to
engaging in any activities under this contract. The certificates must list the City as an
ADDITIONAL INSURED and shall have no less than thirty (30) days written notice of
cancellation or material change. Further modification of the insurance requirements may be
made at the sole discretion of the City’s Risk Coordinator or designee if circumstances change
or adequate protection of the City is not presented. By submitting a bid, the Contractor agrees
to abide by such modifications.
2.18 EXECUTION OF BID
Bid forms provided by the City should be used unless otherwise specified in this document. The
bid must contain a manual signature of an authorized representative in the space provided on
the Bid Form. Failure to properly sign the bid shall invalidate same, and it shall not be
considered for award. All bids must be completed in pen or be typewritten. No erasures are
permitted. If a correction is necessary, draw a single line through the entered figure and enter
the corrected figure above it. Corrections must be initialed by the person signing the bid. Any
illegible entries, pencil bids, or corrections not initialed will not be tabulated. The original bid
conditions and specifications cannot be changed or altered in any way after submitted to the
City.
2.19 INDEMINTY/HOLD HARMLESS AGREEMENT
The successful Contractor agrees to release, indemnify, and hold harmless the City of Palm
Beach Gardens and its officers, employees and agents from and against any and all liabilities,
losses, penalties, damages, settlements, claims, costs, or charges for other expenses (including
attorneys' fees, whether at trial or appeal) which the City may suffer, sustain, incur or in any way
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be subjected to by reason of or as a result of any act, negligence or omission on the part of the
awarded Contractor, its agents or employees, in the execution or performance of the obligations
assumed under, or incidental to, the contract into which the awarded Contractor and the City will
enter, except when caused solely by the fault, failure or negligence of the City, its agents or
employees.
2.20 OTHER GOVERNMENTAL ENTITIES
If a bidder is awarded a contract as a result of this ITB, he/she/it will, if he/she/it has suff icient
capacity or quantities available, provide to other governmental agencies, so requesting, the
products or services awarded in accordance with the terms and conditions of the ITB and
resulting contract.
2.21 DEFAULT/ FAILURE TO PERFORM
The City shall be the sole judge of nonperformance, which shall include any failure on the part
of the awarded Contractor to accept the award, to furnish required documents, and/or to fulfill
any portion of this contract within the time stipulated.
Upon default by the awarded Contractor to meet any terms of the agreement, the City will notify
the contractor to remedy the default within three (3) days (weekends and holidays excluded).
Failure on the Contractor’s part to correct the default within the required three (3) days may
result in the contract being terminated. The City will notify the Contractor, in writing, of its
intention and the effective date of the termination. The following shall constitute default:
1. Failure to perform the work required under the contract and/or within the time
required or failing to use the subcontractors, entities, and personnel as identified
and set forth and to the degree specifies in the contract.
2. Failure to begin the work under this contract within the time specified.
3. Failure to perform the work with sufficient workers and equipment or with
sufficient materials to ensure timely completion.
4. Neglecting or refusing to remove materials or perform new work where prior work
has been rejected as nonconforming with the terms of the contract.
5. Becoming insolvent, being declared bankrupt, or committing act of bankruptcy or
insolvency, or making an assignment renders the successful Bidder incapable of
performing the work in accordance with and as required by the contract.
6. Failure to comply with any of the terms of the contract in any material respect.
7. Failure to comply with the terms of this bid, including, but not limited to, the
Special Conditions.
In the event of default of a contract, the Contractor shall pay all attorney’s fees and court costs
incurred in collecting any damages. The Contractor shall pay the City for any and all costs
incurred in ensuring the completion of the project.
2.22 CANCELLATION
The City reserves the right to cancel this Contract by written notice to the Contractor effective
the date specified in the notice, for the following:
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A. CANCELLATION WITH CAUSE
The Contractor is determined by the City to be in breach of any of the terms and
conditions of the contract and/or to have failed to perform his/her/its services in a
manner satisfactory to the City. In the event the Contractor is found to be in default, the
Contractor will be paid for all labor and materials provided as of the termination date
which are in conformance with this Bid. No consideration will be given for anticipated
loss of revenue or the canceled portions of the contract.
B. CANCELLATION FOR CONVENIENCE
The City has determined that such cancellation will be in the best interest of the City to
cancel the contract for its own convenience.
C. CANCELLATION FOR UNAPPROPRIATED FUNDS
Funds are not available to cover the cost of the services. The City’s obligation is
contingent upon the availability of appropriated funds.
2.23 INVOICES
All invoices for payment of services shall be original and include the company name, address,
location of work performed, purchase order number(s) and any other support documentation as
required. Invoices should be sent to: City of Palm Beach Gardens, Accounts Payable, 10500
N. Military Trail, Palm Beach Gardens, Florida 33410.
2.24 PAYMENT
Payment will be made by the City after the services awarded to a Contractor have been
received, inspected, and found to comply with award specifications, be free of damage or
defect, and properly invoiced. The City does not pay service charges or late payment fees
however; the City is subject to Florida’s Prompt Payment Act. (Section 218.70 – 218.79, Florida
Statues)
2.25 PERMITS, TAXES, LICENSES
The Contractor shall, at his/hers/its own expense, obtain all necessary permits, licenses, fees
and taxes required to comply with all local ordinances, state and federal laws, rules and
regulations applicable to business to be carried on under this contract.
2.26 ANTI-DISCRIMINATION
The City of Palm Beach Gardens complies with all laws prohibiting discrimination on the basis of
age, race, sex, religion, creed, political affiliation, sexual orientation, physical or mental
disability, color or national origin and therefore, is committed to assuring equal opportunity in the
award of contracts and encourages small local, minority, and female owned businesses to
participate.
During the performance of this contract, the awarded Contractor agrees it will not discriminate or
permit discrimination in the hiring practices of the Contractor or in the performance of the
Contractor. The Contractor will strictly adhere to the equal employment opportunity
requirements and any applicable requirements established by the State of Florida, Palm Beach
County and the federal government.
The awarded Contractor further acknowledges and agrees to provide the City with all
information and documentation that may be requested by the City from time to time regarding
the solicitation, selection, treatment and payment of subcontractors, suppliers and vendors in
connection with this Contract.
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2.27 ASSIGNMENT
The awarded Contractor shall not assign, transfer, convey, or sublet the performance required
by this bid to any person, company, or corporation without the prior written consent of the City.
2.28 GOVERNING LAW/ VENUE
The laws of the State of Florida (without giving effect to its conflicts of law principles) govern all
matters arising out of or relating to this solicitation, including, without limitation, its interpretation,
construction, performance, and enforcement. The parties hereto submit to the exclusive
jurisdiction and venue of the state and federal courts located in Palm Beach County, Florida and
furthermore; hereby waive their rights to trial by jury.
.
END OF SECTION 2
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SECTION 3
SPECIAL CONDITIONS
3.1 BASIS OF CONTRACT
The contract will be for rotational towing. An established order of awarded Contractors will be
maintained with the City of Palm Beach Gardens Police Dispatch. Dispatch will accept and
distribute all tow calls on a rotational basis. The towing contractor dispatched from the rotation
list will tow all vehicles from the scene except, when an owner requests a different towing
company or when the called towing contractor is unable to handle all vehicles. In this case, the
next towing contractor on the list will be called to tow the remainder of the vehicles. The
exception to this rotation will be during a police directed evidentiary tow. If a contracto r is at the
top of the rotation and is requested to conduct an evidentiary tow by the Police Department,
dispatch will immediately place that towing contractor at the top position again pending
affirmative response of the evidentiary tow from the towing contractor.
3.2 INSURANCE REQUIREMENTS
The awarded Contractor shall not commence operations pursuant to the terms of this bid until
certification or proof of insurance has been received and approved by the City’s Risk
Coordinator or designee.
The required insurance coverage is to be issued by an insurance company authorized and
licensed to do business in the State of Florida, with the minimum rating of B+ or better, in
accordance with the latest edition of A.M. Best’s Insurance Guide. This insurance shall be
documented in certificates of insurance which provides that the City of Palm Beach Gardens
shall be notified at least thirty (30) days in advance of cancellation, non-renewal, or adverse
change. The receipt of Certificates or other documentation of insurance or policies or copies of
policies by the City or by any of its representatives, which indicate less coverage than is
required, does not constitute a waiver of Contractor’s obligation to fulfill the insurance
requirements herein. Deductibles must be acceptable to the City of Palm Beach Gardens.
The Contractor must submit a copy of its current Certificate of Insurance. Upon award of a
contract, the Contractor will name the City of Palm Beach Gardens as an additional insured and
list as such on the insurance certificate. New certificates of insurance are to be provided to the
City at least fifteen (15) days prior to coverage renewals.
The awarded Contractor shall provide insurance coverage as follows:
A. WORKERS COMPENSATION
Contractor shall carry Workers Compensation Insurance to apply for all employees in
compliance with the “Workers Compensation Law” of the State of Florida and all
applicable Federal laws. In addition, the policy (ices) must include Employers’ Liability
Insurance with limits of not less than one hundred thousand dollars ($100,000.00) each
accident, five hundred thousand dollars ($500,000.00) each disease and one hundred
thousand dollars ($100,000.00) aggregate by disease. If the Contractor is not an
incorporated entity (i.e., sole proprietorship / partnership), or leases employees under
the alternate employee laws of the State of Florida, the City shall require a minimum
premium policy meeting the aforementioned requirements even though not required by
the Workers Compensation Laws of the State of Florida. Filed certificates of exemption
forms will not meet these requirements.
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B. COMPREHENSIVE GENERAL LIABILITY
Contractor shall carry Comprehensive General Liability Insurance with minimum limits of
one million dollars ($1,000,000.00). Such certificate shall list the City as additional
insured.
NOTE: If Comprehensive General Liability limits are less than one million dollars
($1,000,000.00), the sum of Comprehensive General Liability limits and Excess Liability
limits must equal no less than one million dollars ($1,000,000.00).
C. GARAGE KEEPERS LEGAL LIABILITY
Contractor shall carry Garage Keepers Legal Liability Insurance with limits of not less
than five hundred thousand dollars ($500,000.00) per occurrence.
D. AUTOMOBILE LIABILITY
Contractor shall carry Automobile Liability Insurance to include owned, non-owned, and
hired, with minimum limits of one million dollars ($1,000,000.00) each occurrence.
3.3 INSPECTIONS
Storage facilities shall be subject to inspection by authorized City personnel prior to the award of
any Contract. Contractor’s compound, storage facilities, stored vehicles, and all records
pertaining to the Contractor’s duties shall be subject to periodic inspections when deemed
necessary by the Police Department or other authorized City personnel during the term of the
contract. Notice of any discrepancies or deficiencies found by the City shall be submitted to the
Contractor in writing, and the Contractor shall remedy the same within ten (10) days of receipt of
such notice. Failure of the Contractor to remedy deficiencies may result in the termination of the
contract by the City.
3.4 REQUIRED LICENSING
The Contractor shall maintain at all times all the necessary State, County, and local licenses
and permits required to operate this type of business.
3.5 CONFLICT OF INTEREST
The Bidder must submit names and addresses of all persons having a financial interest in the
business, such as, but not limited to, individual owners, partners, limited partners, officers,
directors, and stockholders indebted to the towing company in excess of $2,000 at the time of
bid submittal. (See Section 2.11 for more details)
The Bidder must submit the name(s) and location(s) of all auto body, repair, and/ or paint shops
that he/she/it has interest in.
3.6 FEES
Awarded Contractors shall pay to the City the following fees:
A. CONTRACT FEE
The awarded Contractor will be assessed a contract fee of one thousand dollars
($1,000.00) yearly for the term of the contract with the City including any extensions.
The contract fee will be due 30-days following execution of the contract and approval by
City Council via Resolution. Checks should be made payable to the City of Palm Beach
Gardens and sent to the following address:
10500 N. Military Trail
Palm Beach Gardens, Florida 33410
Attention: Finance Department
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Failure to provide payment in the time prescribed herein, will forfeit any work on this
contract until remuneration is made.
B. ADMINISTRATIVE FEE
The Contractor shall owe the City of Palm Beach Gardens a ten dollar ($10.00)
administrative fee each time it tows a vehicle, and shall forward the fee to the City each
month, along with a report providing the number and description of the vehicles released
during the month. The Contractor shall be responsible for payment of all applicable
fee(s) each month regardless of whether the owner of the vehicle has not yet paid the
Contractor for services rendered.
END OF SECTION 3
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SECTION 4
SCOPE OF SERVICES AND TECHNICAL SPECIFICATIONS
4.1 SCOPE OF SERVICES
The Contractor shall furnish towing services, on a rotational basis, for the removal of vehicles
within the City of Palm Beach Gardens and provide adequate storage space for said vehicles,
when required. The Contractor shall have available at all time sufficient equipment to perform
all services required in a timely and responsible manner.
(See Section 3.1 for details on rotational towing)
4.2 CHARGES FOR TIME AT THE SCENE
Cost of time at the scene, labor or equipment needed within one (1) hour of arrival at the scene
shall be included in the basic tow rate. If such time at the scene consumes more than one (1)
hour, assessment of complication charges will be a pro-rated hourly percentage. The time
begins when the Contractor staff or equipment arrives at the scene and until the vehicle is
towed from the scene or the additional Contractor staff or equipment leaves the scene,
whichever occurs first. The complication charge shall be all inclusive and include all necessary
staff or equipment required to complete the recovery. The Contractor agrees that any extra
waiting time or complication charges shall be authorized by the officer on the scene and so
indicated in writing on the vehicle storage/ tow receipt.
4.3 EXEMPT CHARGES
The City will not be charged for the towing of any City-owned or leased vehicles or equipment
within City limits. All tow charges outside City limits shall be on a predetermined flat -rate
charge. Impounded vehicles subject to forfeiture will be stored free of charge, up to a maximum
of seven (7) impound vehicle slots per year.
4.4 RESPONSE TIME
Contractors will be expected to arrive at the site within thirty (30) minutes (for Class A and B),
and forty-five (45) minutes (for Class C) calls. If the Contractor is unable to respond in the given
time, they must notify the Police Dispatcher and the contractor’s name will be moved to the
bottom of the list.
4.5 EQUIPMENT
All equipment must be owned by the Contractor, with full control and availability. All equipment
shall be modern, commercially manufactured, and in good mechanical condition. All equipment
will be subject to inspection by the City at anytime during the term of the Contract. No vehicle of
the Contractor shall be used as an emergency vehicle.
The Contractor agrees to have no markings on vehicles, buildings, or correspondence of any
kind that indicates or tends to indicate any official relationship between the Contractor and the
City.
All of the Contractor’s towing vehicles must be equipped with 2-way radios or other approved
means of communication with a range extending to the entire Palm Beach Gardens city limits.
Radios shall not be tuned to any police frequency. Contractor shall comply with all laws, rules,
codes and regulations of any governmental agency having jurisdiction of the services being
rendered, including, but not limited to, licensing and minimum safety requirements.
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A. REQUIRED CONTRACTOR-OWNED EQUIPMENT
In order to be evaluated, Contractors must be able to provide the following minimum
amount of equipment:
1. Three (3) Class A small wreckers of 4-ton capacity; one (1) must be an all wheel
drive wrecker of 4-ton capacity; and at least one (1) must be a slide back carrier.
2. One (1) Class B medium wrecker of 16-ton capacity equipped with twin booms or
equivalent hydraulic system, air brakes, and auxiliary air supply.
3. One (1) motorcycle trailer capable of hauling at least two (2) motorcycles at the
same time.
4. One (1) 40-ton capacity wrecker with hydraulics, or equivalent wrecker, and Low-
Boy capable of towing and/or hauling any City truck or Fire Rescue unit.
5. One (1) set of heavy-duty tractor dollies.
Note: Items #4 and #5 are required to qualify for Class C towing.
4.6 CONTRACTOR’S PERSONNEL
Contractor shall have available sufficient qualified personnel for the operation of the equipment
and to man the office facilities as required performing as specified. Contractor shall maintain a
State of Florida Department of Motor Vehicles Report on each driver, to be updated annually.
Each driver shall have a current commercial driver’s license issued by the State of Florida.
Each driver should have at least one (1) year in towing and recovery work or professional
training. The Contractor shall insure that drivers and staff shall be neat, clean, uniformed,
courteous, and competent in operating skills and all procedures. All Contractor personnel
dealing with the public under this contract shall be identified by name through the use of a name
tag issued by Palm Beach County Department of Consumer Affairs for all tow truck operators in
Palm Beach County. All costs associated with receiving the name tag for tow truck operators will
be the responsibility and requirement of the successful Contractor. All drivers shall have a
detailed knowledge of the layout of the City of Palm Beach Gardens streets.
Contractor agrees that the owners of the company, or officers if a corporation, shall be held fully
responsible, except as otherwise prohibited by law, for the acts of their employees while on
duty.
4.7 STORAGE FACILITY
Towing contractors shall maintain adequate storage space within a five (5) mile radius of the
intersection of Burns Road and Military Trial, Palm Beach Gardens.
The Contractor shall maintain a storage facility/compound, garage and outside storage facilities
complying with all provisions of applicable building and zoning regulations. The facilities must
be of a sufficient size and capability to accommodate all vehicles towed by the Contractor during
the term of this agreement until such vehicle(s) are claimed by the owner or otherwise legally
disposed of.
The Contractor’s office and storage facility shall be manned on a 24-hour basis and shall be
equipped with 24-hour radio-dispatch capabilities, to assure that the Contractor’s obligations
and services are available and fulfilled. The successful Contractor shall have a dispatcher on
duty 24-hours a day, 7 days a week. Telephone answering services do not meet this
requirement and are not acceptable.
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A. INSIDE STORAGE
Each tow company shall be capable of storing up to two (2) vehicles in inside storage
meeting the following specifications:
1. A working area of at least 9’ x 20’ with at least an 8’ high ceiling
2. A paved floor (i.e. concrete or asphalt) that is free from dirt, standing water and
vegetation.
B. CRIME SCENE STORAGE
Crime scene vehicles shall be stored inside to prevent physical contamination or
degradable evidence from deteriorating. A minimum of four (4) storage spaces shall be
maintained for this purpose with at least one (1) that shall meet the following
specifications:
1. A working area of 9’ x 20’ with at least an 8’ high ceiling
2. A paved floor (i.e. concrete or asphalt) that is free from dirt, standing water and
vegetation.
3. A hydraulic rack capable of lifting vehicles completely off the floor or equivalent
facilities to permit police investigators to stand below the vehicle to make
thorough investigations
4. An electrical lighting source sufficient to permit processing of a vehicle
5. One (1) outside window or a ventilation source
Any vehicle towed or stored relative to a crime scene investigation shall be handled with
gloves (i.e. cloth, rubber, or leather) at all times by the Contractor and its employees.
C. OUTSIDE STORAGE
All outside storage facilities shall be enclosed and maintained as follows:
1. Facilities shall be enclosed with a solid wall or a substantial wire fence not less
than 6’ high.
2. Fence or wall, including all gates or doors or roofed open areas shall be
equipped with not less than 12” of barbed wire installed in such a manner as to
discourage access over the top of such fence or wall. All fences and walls shall
be maintained in a good repair throughout the term of the Contract. Damages to
the fences or walls shall be repaired within 24 hours.
3. Outside storage shall be kept free and clear of all junk such as tires and auto
parts.
4. All shrubbery, trees and lawn (fence line and grounds) shall be kept trimmed.
5. Facilities shall have adequate drainage to prevent standing water after a rain
storm.
6. Spacing shall be so that a person may reasonably walk around each vehicle in
an unobstructed manner.
In the event all Contractors storage facilities are filled to capacity, the Contractor shall not be
relieved of responsibility to perform and is required to make such arrangements for storage as
will fulfill the requirement of the City. All storage space used, which is not listed in the original
application, must meet the requirements of the Contract.
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4.8 PROTECTION OF VEHICLES AND PROPERTY
The Contractor’s liability for any towed vehicles and all personal property contained therein shall
commence with the time the wrecker comes into contact with any vehicle to be towed. The
Contractor shall be solely liable and responsible for all personal property in any towed vehicle.
The Contractor or his employee, representative, or agent shall inventory all personal property
contained in the vehicle to be towed and prepare a report which shall be signed by the preparer.
One copy shall be held by the Contractor as permanent record, one copy given to the owner or
the person in possession of the vehicle or securely attached to the vehicle, and one copy given
to the Police Department.
The Contractor shall be solely liable for damage or loss of personal property listed on the
property report form once the vehicle is towed. The Contractor is liable for all vehicle
accessories regardless of the cause of such damage or loss. Personal property situated in
vehicles stored by the Contractor shall not be disposed of to defray any charges for storage or
towing. A receipt will be issued for any returned person property. Personal property must be
returned at once to the owner or person entitled to legal possession thereof upon proper proof
of ownership or right to possession without regard to any fees owed by such person or legal
entity.
Vehicle owner or duly authorized person shall be allowed to remove personal unattached
property from a vehicle during normal business hours at no charge.
Unclaimed personal property in the vehicles stored by the Contractor shall be disposed of
pursuant to Florida Statues, Section 713.78, as it may be amended from time to time.
4.9 POSTING CHARGES
The Contractor shall prominently post in its office and storage facilities a list of charges
approved by this contract which shall be the maximum fees charged on all City vehicles and/or
City-originated requests for a wrecker, regardless of whether it was a police -initiated action or
“at the owner’s request”. The Contractor’s list of charges shall be provided to the owner or
person lawfully in possession of each vehicle towed. The charges for towing from the
Contractor’s compound to another point at the request of the vehicle owner will be at the same
rates listed herein.
4.10 PAYMENT RESPONSIBILITY
The City of Palm Beach Gardens shall not be responsible or liable for either the collection or
payment of any charges for services rendered, including towing and storage, unless such
service charge is applicable to City-owned or leased equipment or vehicles. All other services
rendered shall be charged to the owner of the towed vehicle or other lawful claimant of
possession.
4.11 CLEANUP
The Contractor called to the scene of an accident in which a tow is required, will be responsible
for removing from the street all broken glass and other non-hazardous matter that may be in the
street as a result of the accident. The Contractor is responsible for the disposal of all material
collected at the scene.
City of Palm Beach Gardens ITB# 2011-005 Annual Vehicle Towing Services
Page 21
4.12 SERVICE CALL CANCELLATION
The City shall have the right to cancel a request for the Contractor’s services until the time that
a wrecker comes in contact with a vehicle. The Contractor agrees that the mere response to a
service call scene without other action does not constitute chargeable service.
4.13 EXCLUSIONS
All vehicles and equipment with a Gross Vehicle Weight (GVW ) of 26,001 lbs. and above are
excluded from this Contract. The City reserves the right to call the company of convenience for
these vehicles and equipment. Contractors shall indicate on the proposal page the classes of
vehicles and equipment they are able to tow.
All vehicles marked “HOLD” by the Palm Beach Gardens Police Department relative to a police
investigation are excluded from this Contract. The Palm Beach Gardens Police Department
shall call the company of convenience for these vehicles.
4.14 NON-EXCLUSIVENESS OF SERVICES
Nothing contained in this contract will prevent the owner or operator of a motor vehicle from
calling a wrecker or tow truck of their own choice, or requesting that said vehicle be towed to a
garage, storage compound, or location other than that of the Contractor.
The on-scene officer has the discretion to call another towing company, in rotation, if the
Contractor cannot respond in a reasonable amount of time, and the disabled vehicle is creating
a tie up of traffic or hazardous situation.
4.15 BENEFITS FROM REPAIRS
The Contractor shall not solicit to provide automotive/ vehicle or truck repair, paint and body,
salvage, junkyard, or re-cycling business directly, or indirectly for any vehicle towed pursuant to
this agreement without prior written City approval. If the Contractor has any interest in
automotive or truck repair, paint and body, salvage, junkyard, or re-cycling business the
Contractor shall so state in his bid proposal, and list the specifics. If during the term of the
contract, including any option terms, Contractor acquires an interest in automotive or truck
repair, paint and body, salvage, junkyard or re-cycling business, the Contractor shall
immediately notify the City in writing. Failure to do so could result in termination for cause.
4.16 RELEASES
The Contractor agrees to release any vehicle not marked “HOLD” provided proper proof of
ownership or right to possession is presented to the Contractor. Any vehicle that has been
marked “HOLD” by the Police Department cannot be released without prior written approval of
the Police Department.
Vehicles that have been marked “HOLD” by the Police Department shall be stored at such
compound for a period of time necessary to properly process the vehicle and any investigation
involved. The City’s Police Department will notify the Contractor in writing if the “Holding
Period” continues beyond five (5) working days. The contractor will not release a “Held” vehicle
until released by the Police Department. The City’s Police Department or entities with the legal
right shall be permitted access to such vehicles.
4.17 IMPOUNDED VEHICLES
Should any owner or persons entitled to possession of an impounded vehicle seek to reclaim
the same from the Contractor, the Contractor shall provide an itemized statement of all charges
relating to the impounding of such vehicle.
City of Palm Beach Gardens ITB# 2011-005 Annual Vehicle Towing Services
Page 22
4.18 COMPLAINT AGAINST CONTRATOR
All complaints received by the City concerning the performance of the vehicle towing service
under the terms of this contract will be referred to the City Manager or his designee, who shall
conduct investigations and inquiries, including discussions with the Contract and staff involved.
The determinations of the City Manager or designee shall be binding upon the parties, and
failure of the Contractor to follow such determination will be considered a material breach of
terms of the contract and cause for termination.
Any incidence of price gouging will be grounds for immediate termination of the contract.
4.19 VEHICLE DISPOSAL
Unless a “HOLD” has been placed upon the vehicle, disposal of vehicles will be in accordance
with current Florida State Statues.
Should a Contractor, as a result of this agreement, have in his possession any vehicle or
personal property, and should the Contractor be ordered to relinquish such vehicle or personal
property to the City’s Police Department, the Contractor agrees to immediately do so if so.
4.20 SUBCONTRACTORS
The use of subcontractors will not be allowed by the Contractor, unless there are special
circumstances approved by the City. It is the intent of this contract to require the primary
Contractor to provide the day-to-day services required.
END OF SECTION 4
City of Palm Beach Gardens ITB# 2011-005 Annual Vehicle Towing Services
Page 23
SECTION 5
PRICING SCHEDULE
The Bidder is to complete the following by filling in his/her/its proposed rates for all items. These rates
will remain firm for the contract period of two (2) years. The City does not guarantee any specific
number to tows during the contract period indicated.
Services
Vehicles other than City
owned or leased
vehicles or equipment
City-owned or leased
vehicles or equipment
Towing: (to include removal of drive-line and unlocking services)
1. Cars and Trucks up to 10,000 GVW
(Class “A”) $______________/ each $_____________/ each
a. Mileage charge outside the City $____________/ per mile $____________/ per mile
2. Motorcycles (to include use of trailer) $______________/ each $_____________/ each
a. Mileage charge outside the City $____________/ per mile $____________/ per mile
3. Trucks between 10,000 – 25,000 GVW
(Class “B”) $______________/ each $_____________/ each
a. Mileage charge outside the City $____________/ per mile $____________/ per mile
4. Trucks over 25,000 GVW (Class “C”) $______________/ each $_____________/ each
a. Mileage charge outside the City $____________/ per mile $____________/ per mile
5. 48’ Lowboy Service $______________/ each $_____________/ each
a. Mileage charge outside the City $____________/ per mile $____________/ per mile
6. Dollies or Flatbed Additional $______________/ each $_____________/ each
a. Mileage charge outside the City $____________/ per mile $____________/ per mile
City of Palm Beach Gardens ITB# 2011-005 Annual Vehicle Towing Services
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SECTION 6
REQUIRED FORMS
6.1 FORMS
The forms listed below must be completed by an official having legal authorization to
contractually bind the company or firm. Each signature represents a binding commitment upon
the Contractor to provide the goods and/or services offered to the City if the Contractor is
determined to be the most responsive and responsible proposer.
A. Bid/ Proposal Form
B. Conflict of Interest Disclosure Form
C. Notification of Public Entity Crimes Law
D Drug-Free Work Place
E. References
City of Palm Beach Gardens ITB# 2011-005 Annual Vehicle Towing Services
Page 25
BID/ PROPOSAL STATEMENT
(This statement must be fully executed and returned with the Contractor’s bid in order to be evaluated)
To: City of Palm Beach Gardens
10500 N. Military Trail
Palm Beach Gardens, Florida 33410
The undersigned offers and agrees to furnish goods and/or services in compliance with all terms,
conditions, scope of services, specifications, and addenda defined in the Invitation to Bid #2011-005,
Annual Vehicle Towing Services.
The undersigned, by submission of this offer, hereby agrees to be obligated, if selected as the
Contractor, to provide the stated goods and/or services to the City, for the term as stated herein, and to
enter into a Contract with the City, in accordance with the General Conditions, Special Conditions, and
Technical Specifications, together with any written addendum.
The undersigned agrees to execute a Contract with the City of Palm Beach Gardens within thirty (30)
days after the date on which notice of award has been given in accordance with substantially the same
terms stated in this ITB and undersigned’s response thereto.
The undersigned hereby declares that, subject to provisions of the State Statutes and Local
Ordinances, there is no officer, director, or agent who has any interest, financial or otherwise, direct or
indirect, of five percent (5%) or more in bidder’s firm or any of its branches, who is also an employee of
the City of Palm Beach Gardens.
The undersigned, by submission of this Bid/ Proposal Form certifies that this offer is made without prior
understanding, agreement, or connection with any corporation, entity, firm, or person submitting an
offer for the same materials, services, supplies, or equipment and is in all respects fair and without
collusion or fraud.
Agreed to this day of ,
(Month) (Year)
By: /
(Signature of legal authorized representative) (Print Name)
Business Address City, State, and Zip Code
Telephone Number E-mail Address
Address to which notices may be delivered or mailed (if different than above):
Address:
City State
Zip Code
City of Palm Beach Gardens ITB# 2011-005 Annual Vehicle Towing Services
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CONFLICT OF INTEREST DISCLOSURE FORM
The award of this contract is subject to the provisions of Chapter 112, Florida Statutes. All Bidders
must disclose within their submittal: the name of any officer, director, or agent who is also an employee
of the City of Palm Beach Gardens.
Furthermore, all Bidders must disclose the name of any City employee who owns, directly, or indirectly,
an interest of more than five percent (5%) in the Bidder’s firm or any of its branches.
The purpose of this disclosure form is to give the City the information needed to identify potential
conflicts of interest for evaluation team members and other key personnel involved in the award of this
contract.
The term “conflict of interest” refers to situations in which financial or other personal considerations may
adversely affect, or have the appearance of adversely affecting, an employee’s professional judgment
in exercising any City duty or responsibility in administration, management, instruction, research, or
other professional activities.
Please check one of the following statements and attach additional documentation if necessary:
_________ To the best of our knowledge, the undersigned firm has no potential conflict of interest
due to any other Cities, Counties, contracts, or property interest for this bid.
_________ The undersigned firm, by attachment to this form, submits information which may be a
potential conflict of interest due to other Cities, Counties, contracts, or property interest
for this bid.
Acknowledged by:
____________________________________________________________________________
Firm Name
____________________________________________________________________________
Signature
____________________________________________________________________________
Name and Title (Print or Type)
____________________________________________________________________________
Date
City of Palm Beach Gardens ITB# 2011-005 Annual Vehicle Towing Services
Page 27
NOTIFICATION OF PUBLIC ENTITY CRIMES LAW
Pursuant to Section 287.133, Florida Statutes (2009), you are hereby notified that a person or affiliate
who has been placed on the convicted Contractor list following a conviction for a public entity crime
may not submit a Bid on a contract to provide any goods or services to a public entity, may not submit a
Bid on a contract with a public entity for the construction or repair of a public building or public work,
may not submit Bids on leases or real property to a public entity, may not be awarded or perform work
as a Bidder, supplier, sub-vendor, or consultant under a contract with any public entity, and may not
transact business with any public entity in excess of the threshold amount provided in Section 287.017
[F.S.] for CATEGORY Two [$25,000.00] for a period of 36 months from the date of being placed on the
convicted Bidder list.
Acknowledged by:
____________________________________________________________________________
Firm Name
____________________________________________________________________________
Signature
____________________________________________________________________________
Name and Title (Print or Type)
____________________________________________________________________________
Date
City of Palm Beach Gardens ITB# 2011-005 Annual Vehicle Towing Services
Page 28
DRUG FREE WORKPLACE
________________________________________________________is a drug free workplace and has
(Company Name)
a substance abuse policy in accordance with and pursuant to Section 440.102, Florida Statutes.
Acknowledged by:
____________________________________________________ _______________________
(Authorized Signature) (Date)
Company FEI Number: _________________________________________________________
Address:
City State
Zip Code
City of Palm Beach Gardens ITB# 2011-005 Annual Vehicle Towing Services
Page 29
REFERENCES CONTACT FORM
Include contact information for current/previous agency for which you provided similar services, as
described in this Invitation to Bid, within the last five (5) years.
First Reference:
Company Name:
Address:
Contact Name
Title
Telephone
Number ( )_____________________________________________________
E-mail Address
Contract Dates: Beginning: ___________________ Ending: _____________________
Description of
Work:
Second Reference:
Company Name:
Address:
Contact Name
Title
Telephone
Number ( )_____________________________________________________
E-mail Address
Contract Dates: Beginning: ___________________ Ending: _____________________
Description of
Work:
Third Reference:
Company Name:
Address:
Contact Name
Title
Telephone
Number ( )_____________________________________________________
E-mail Address
Contract Dates: Beginning: __________________ Ending: ______________________
Description of
Work:
City of Palm Beach Gardens ITB# 2011-005 Annual Vehicle Towing Services
Page 30
Fourth Reference:
Company Name:
Address:
Contact Name
Title
Telephone
Number ( )_____________________________________________________
E-mail Address
Contract Dates: Beginning: __________________ Ending: ______________________
Description of
Work:
Fifth Reference:
Company Name:
Address:
Contact Name
Title
Telephone
Number ( )_____________________________________________________
E-mail Address
Contract Dates: Beginning: __________________ Ending: ______________________
Description of
Work:
Emergency Contact:
Name:
Telephone
Number:
Business Hours: ( )_______________________
After Hours: ( )___________________________
E-mail:
City of Palm Beach Gardens ITB# 2011-005 Annual Vehicle Towing Services
Page 31
SECTION 7
SAMPLE AGREEMENT
Below is the standard agreement format for this ITB. This is a sample agreement only is subject to
revisions.
SAMPLE AGREEMENT BETWEEN
CITY OF PALM BEACH GARDENS
AND
[VENDOR NAME]
THIS AGREEMENT is entered into this ________ day of _________________________,
2011, effective immediately, by and between [Vendor Name], whose address is [Street Address,
City, State Zip Code], hereinafter referred to as “Vendor”, and the City of Palm Beach Gardens, a
municipal corporation, whose address is 10500 North Military Trail, Palm Beach Gardens, Florida
33410, hereinafter referred to as “City”.
WITNESSETH
The City and Vendor, in consideration of the mutual covenants contained herein and other
good and valuable consideration, the receipt and value of which is hereby acknowledged by both
parties, hereby agree as follows:
1. The City and Vendor both hereby agree to enter into an agreement for the purpose of
providing Annual Towing Services to the City of Palm Beach Gardens Police Department and
other departments on a rotational basis. This Agreement will commence on the effective date
written above.
2. All the terms and conditions of this Agreement shall be the terms and conditions as
specifically set forth in the Invitation for Bids 2011-005, for the City of Palm Beach Garden’s
Contract for Annual Towing Services. The General Conditions and Technical specifications
(the “Bid”) is attached hereto and incorporated herein as Exhibit “A”. The Vendor’s fully
executed Bid/ Proposal Submittal Form and Pricing Schedule submitted to the City and
attached hereto and incorporated herein as Exhibit “B”. All insurance documents required
thereby, the fully executed Notification of Public Entity Crimes Law Affidavit, and any other
materials required under the Bid documents, are attached hereto and incorporated herein as
Exhibit “C”. Both parties hereby agree and acknowledge that this _____ (_) page Agreement,
together with all Bid documents (Exhibits “A”, “B”, and “C”), shall constitute the entire
Agreement.
3. Notice as required in this Agreement shall be sufficient when sent by certified mail or hand
delivered to the parties at the following addresses:
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City of Palm Beach Gardens ITB# 2011-005 Annual Vehicle Towing Services
Page 32
City Vendor
City of Palm Beach Gardens [Company Name]
10500 North Military Trail [Address]
Palm Beach Gardens, Florida 33410 [City, State Zip Code]
Attn: Ronald Ferris, City Manager Attn: _______________________
4. The Vendor shall perform all work required in accordance with the Bid specifications.
5. This Agreement shall become effective on the date written above.
6. If any legal action or other proceeding is brought for the enforcement of this Agreement, or
because of an alleged dispute, breach, default, or misrepresentation in connection with any
provisions of this Agreement, the successful or prevailing party or parties shall be entitled to
recover reasonable attorneys' fees, court costs, and all expenses, even if not taxable as
court costs (including, without limitation, all such fees, costs, and expenses incidental to
appeals), incurred in that action or proceeding, in addition to any other relief to which such
party or parties may be entitled.
7. If any term, covenant, condition, or provision of this Agreement shall be ruled by a court of
competent jurisdiction to be invalid, void, or unenforceable, the remainder shall remain in
full force and effect and shall in no way be affected, impaired, or invalidated.
8. This Agreement shall be construed in accordance with the laws of the State of Florida.
Should any dispute arise from this Agreement, venue shall lie in Palm Beach County,
Florida.
9. This _____ (_) page Agreement, along with all other documents referred to in paragraph
two (2) above, constitutes the entire agreement between the parties; no modification shall
be made to this Agreement unless such modification is in writing, agreed to by both parties,
and attached hereto as an addendum to this Agreement.
(The remainder of this page intentionally left blank)
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City of Palm Beach Gardens ITB# 2011-005 Annual Vehicle Towing Services
Page 33
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date first written
above.
CITY OF PALM BEACH GARDENS, FLORIDA
By: ____________________________________
David Levy, Mayor
ATTEST:
By: ________________________________
Patricia Snider, CMC, City Clerk
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY:
By: ________________________________
R. Max Lohman, City Attorney
[VENDOR NAME]
By: ____________________________________
WITNESSES:
By: ________________________________
Print Name: ______________________
By: ________________________________
Print Name: ______________________
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ATTACHMENT A
Palm Beach County
TOWING ORDINANCE 2010-001
TABLE OF CONTENTS
Section, Title Page No.
Section 1, Title ......................................................................................................................... 4
Section 2, Definitions .............................................................................................................. 4
Section 3, Towtruck Class Specifications ................................................................................ 9
Section 4, Operating Permit Required ................................................................................... 11
Section 5, New Applications/Renewals and Issuance of Operating Permit; Fees ................. 11
Section 6, Inspection of Storage Yards and Public Offices Required ................................... 14
Section 7, Insurance Requirements ........................................................................................ 15
Section 8, Towtruck Registration; Towtruck Standards; Decals ........................................... 16
Section 9, Inspection Procedures and Requirements ............................................................. 18
Section 10, Non-Consent Manifest, Towing Invoice or Tow Sheet ...................................... 19
Section 11, Advertisements ................................................................................................... 21
Section 12, Records Required ................................................................................................ 21
Section 13, Operating Permit Required to do Business with the County .............................. 21
Section 14, Non-Consent Towing With Prior Express Instruction of Real Property Owner
or Authorized Agent and/or Law Enforcement Agency ................................. 21
Section 15, Notice Requirements for Providing Tow Services at Request of Real
Property Owners ............................................................................................ 24
Section 16, Non-consent Towtruck Company Requirements ................................................ 26
Section 17, Consent-Only Towtruck Company Requirements .............................................. 29
Section 18, Maximum Non-Consent Towing and Storage Rates for
Non-Consent Tow Services ........................................................................... 29
Section 19, Towtruck Driver Requirements; Failure to Comply ........................................... 31
Section 20, Fraudulent Transfer of Towtruck Company ....................................................... 37
Section 21, Deceptive and Unfair Trade Practices ................................................................ 38
Section 22, Cease and Desist Order ....................................................................................... 38
Section 23, Assurance of Voluntary Compliance .................................................................. 39
Section 24, Enforcement and Penalties; Civil and Criminal ................................................. 40
Section 25, Administrative Enforcement, Denial, Revocation and Suspension
of Operating Permits ...................................................................................... 41
Section 26, Additional Penalties ............................................................................................ 42
Section 27, Hearings and Appeals ......................................................................................... 43
Section 28, Scope of Ordinance ............................................................................................. 44
Section 29, Repeal of Laws in Conflict ................................................................................. 45
Section 30, Savings Clause .................................................................................................... 45
Section 31, Inclusion in the Code of Laws & Ordinance ...................................................... 45
Section 32, Severability ......................................................................................................... 45
Section 33, Effective Date ..................................................................................................... 45
Palm Beach County Towtruck Ordinance 2010-001
-2-
TOWTRUCK ORDINANCE NO. 2010-001 1
2
AN ORDINANCE OF THE BOARD OF COUNTY 3
COMMISSIONERS OF PALM BEACH COUNTY, FLORIDA, 4
AMENDING PALM BEACH COUNTY CODE CHAPTER 19, 5
ARTICLE VIII (ORDINANCE NO. 2005-009), PROVIDING FOR A 6
TITLE; PROVIDING FOR DEFINITIONS; PROVIDING FOR TOW 7
TRUCK CLASS SPECIFICATIONS; PROVIDING FOR OPERATING 8
PERMIT REQUIRED; PROVIDING FOR NEW APPLICATIONS/ 9
RENEWALS AND ISSUANCE OF AN OPERATING PERMIT AND 10
FEES; PROVIDING FOR INSPECTION OF STORAGE YARDS AND 11
PUBLIC OFFICES; PROVIDING FOR INSURANCE 12
REQUIREMENTS, PROVIDING FOR TOWTRUCK 13
REGISTRATION, STANDARDS AND DECALS; PROVIDING FOR 14
INSPECTION PROCEDURES AND REQUIREMENTS; PROVIDING 15
FOR NONCONSENT MANIFEST, TOWING INVOICE OR TOW 16
SHEET; PROVIDING FOR ADVERTISEMENTS; PROVIDING FOR 17
RECORDS REQUIREMENTS; PROVIDING FOR AN OPERATING 18
PERMIT REQUIRED TO DO BUSINESS WITH THE COUNTY; 19
PROVIDING FOR NON-CONSENT TOWING WITH PRIOR 20
EXPRESS INSTRUCTION OF REAL PROPERTY OWNER OR 21
AUTHORIZED AGENT AND/OR LAW ENFORCEMENT AGENCY; 22
PROVIDING FOR NOTICE REQUIREMENTS FOR PROVIDING 23
NON-CONSENT TOW SERVICES AT REQUEST OF REAL 24
PROPERTY OWNERS; PROVIDING FOR NONCONSENT 25
TOWTRUCK COMPANY REQUIREMENTS; PROVIDING FOR 26
CONSENT-ONLY TOWTRUCK COMPANY REQUIREMENTS; 27
PROVIDING FOR MAXIMUM NONCONSENT TOWING AND 28
STORAGES RATES FOR NON-CONSENT TOW SERVICES; 29
PROVIDING FOR TOWTRUCK DRIVER REQUIREMENTS AND 30
FAILURE TO COMPLY; PROVIDING FOR FRAUDULENT 31
TRANSFER OF TOWTRUCK COMPANIES; PROVIDING FOR 32
DECEPTIVE AND UNFAIR TRADE PRACTICES, PROVIDING FOR 33
CEASE AND DESIST ORDERS, PROVIDING FOR ASSURANCES 34
OF VOLUNTARY COMPLIANCE; PROVIDING FOR 35
ENFORCEMENT AND CIVIL/CRIMINAL PENALTIES; 36
PROVIDING FOR ADMINISTRATIVE ENFORCEMENT, DENIAL, 37
REVOCATION AND SUSPENSION OF OPERATING PERMITS; 38
PROVIDING FOR ADDITIONAL PENALTIES; PROVIDING FOR 39
HEARINGS AND APPEALS; PROVIDING FOR SCOPE; 40
PROVIDING FOR REPEAL OF LAWS IN CONFLICT; PROVIDING 41
FOR A SAVINGS CLAUSE; PROVIDING FOR INCLUSION IN THE 42
CODE OF LAWS AND ORDINANCES; PROVIDING FOR 43
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. 44
Palm Beach County Towtruck Ordinance 2010-001
-3-
1
2
WHEREAS, numerous persons and firms in Palm Beach County engage in the 3
business of recovering, towing and storing of motor vehicles and vessels; and 4
5
WHEREAS, such towing services frequently must be provided without the prior 6
consent of the vehicle/vessel owner, or under circumstances which prevent negotiating 7
the charges, terms and conditions for the towing service, often resulting in disagreements 8
and complaints between vehicle/vessel owners and providers of towing services; and 9
10
WHEREAS, the vehicles and equipment used to tow vehicles/vessels across the 11
thoroughfares of Palm Beach County and the manner in which towing is conducted are of 12
considerable significance to the health, safety and welfare of the owners of towed 13
vehicles/vessels and of the residents and visitors in Palm Beach County; and 14
15
WHEREAS, Sections 125.0103(b), 166.043(c) and 715.07(2), Florida Statutes, 16
empowers the Board of County Commissioners to enact regulations pertaining to the 17
towing industry, including the authority to regulate maximum rates when vehicles are 18
towed or removed from private property; and 19
20
WHEREAS, the Ordinance is amended to clarify the licensing and enforcement 21
procedures for towing companies and towtruck drivers; and 22
23
WHEREAS, the United States Supreme Court decision in Ours Garage vs. City of 24
Columbus, 536 U.S. 424 (2002) held that states could delegate their authority to regulate 25
non-consent towing services as it relates to price and safety; and 26
27
WHEREAS, pursuant to Section125.0103(b), Florida Statutes, counties have been 28
delegated the authority to regulate towing; and 29
30
WHEREAS, the Board of County Commissioners of Palm Beach County finds it 31
to be in the best interest of the County, its citizens and its visitors to license and regulate 32
non-consent and consent towing services and all drivers who perform towing services 33
within Palm Beach County, to assure that all who provide the services are fit and 34
competent to do so and that such services are delivered in a safe and efficient manner; 35
and 36
37
WHEREAS, the Board of County Commissioners of Palm Beach County hereby 38
amends Palm Beach County Code Chapter 19, Article VIII, (Ordinance No. 2005-009). 39
40
41
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY 42
COMMISSIONERS OF PALM BEACH COUNTY, FLORIDA, that: 43
44
45
Palm Beach County Towtruck Ordinance 2010-001
-4-
SECTION 1. Title. 1
This Ordinance shall be known and cited as the Towtruck Ordinance of Palm Beach County, 2
Florida. 3
4
SECTION 2. Definitions. 5
For the purposes of this Ordinance, the following definitions shall apply: 6
1. Administrative/Lien Fee shall mean the fee that is charged for title and lien 7
search, advertising costs, and notification of lien holder and owner of the 8
whereabouts and charges against a vehicle or vessel. 9
2. Advertisement shall mean any written statement made in connection with the 10
solicitation of a towtruck company and includes without limitation, statements 11
and representations made in a newspaper, telephone directory or other 12
publication, radio, television, electronic medium or contained in any notice, 13
handbill, business card, sign, catalog, billboard, brochure, poster or letter. 14
3. Applicant shall mean any person who applies for an operating permit or with 15
Palm Beach County. In the case of partnerships, associations, corporations and 16
other legal entities, "applicant" shall also mean any member of a partnership and 17
the corporate officers and directors. 18
4. Authorized Driver/Agent shall mean any person who is empowered to act on 19
behalf of the vehicle/vessel owner or lien holder. 20
5. Commission shall mean the Board of County Commissioners of Palm Beach 21
County, Florida. 22
6. Compensation shall mean the exchange of goods or services for money, 23
property, service or anything else of value. 24
7. Consent Tow shall mean the recovery, towing and storage of a vehicle or vessel 25
with the authorization/consent of the vehicle/vessel owner or authorized driver. 26
8. Consent Tow Company shall mean a person(s) who tows a motor vehicle/vessel 27
with the authorization/consent of the vehicle/vessel owner or authorized 28
driver/agent. 29
9. Consent-Only Towing Operating Permit shall mean the authority required by 30
the provisions of this Ordinance of any individual or towing company engaging in 31
the business of performing consent-only towing of vehicles/vessels. 32
10. Commercial Towing Company shall mean any person or business entity which 33
tows or recovers vehicles/vessels commercially which results in compensation 34
from the sale or resale of vehicles/vessels or salvaged parts. 35
11. Director shall mean the Division Director, or his or her designee. 36
12. Division shall mean the Consumer Affairs Division designated to implement, 37
enforce and monitor this Ordinance. 38
13. Duly Authorized Agent shall mean a person designated by and acting on behalf 39
of a real property owner per contractual agreement to request Private Property 40
Impounds. The duly authorized agent shall have no affiliation with the towtruck 41
company providing the towing service. The real property owner shall only 42
appoint duly authorized agents which have a direct connection to the property 43
(i.e., board member, employee of the property management company or 44
home/condo owner’s association, employee of the real property owner or state of 45
Palm Beach County Towtruck Ordinance 2010-001
-5-
Florida licensed security agency contracted by the real property owner or 1
manager). 2
14. Employee shall mean a person who is compensated financially for a period of not 3
less than twenty (20) hours per week and who performs all of his/her employment 4
functions on the property of the employer or management company and is issued 5
an annual federal tax statement of earnings (W-2Form). 6
15. Extra Time at Scene/Labor shall mean any extra time beyond one-half hour, 7
needed to safely remove a vehicle or vessel and shall also include the amount of 8
time spent at a scene when a towtruck has been summoned and is on scene but 9
unable to proceed through no fault of the towtruck operator. All extra time/labor 10
shall be documented by the towtruck driver and shall include the name of the law 11
enforcement agency and the law enforcement agency case number or the officer’s 12
name and badge number. The documentation shall also include a detailed 13
explanation of the services rendered which necessitated the charges and if 14
possible photographs of the scene. Extra time/labor shall be charged in 15-minute 15
increments. 16
16. Good Faith Effort shall mean that required steps have been performed by the 17
towtruck company according to Florida Statute 713.78, Section (4) (d) to locate 18
the vehicle/vessel owner or lien holder. 19
17. Gross weight shall mean the weight of a towtruck in pounds plus the weight of 20
the vehicle(s)/vessel(s) and contents being towed. 21
18. License shall mean the Business Operating Permit, Certificate or document which 22
allows a person to engage in Palm Beach County in the activity of recovering, 23
towing, removing, and storing of vehicles and/or vessels for compensation. As 24
used in this article, a license shall not mean a municipal or county Business Tax 25
Receipt. 26
19. Light Reflective Sign shall mean an 18 inch wide by 24 inch high sign made of 27
aluminum (at least .040 thickness) or fiber reinforced plastic (at least .090 28
thickness). The entire background surface and all lettering must at a minimum be 29
Type 1 Engineered Grade Sheeting (ASTM D4956-01) or 3M Engineer Grade 30
Prismatic Reflective Sheeting Series 3430 (or equivalent). The letters may be 31
screen printed on the Type 1 sheeting using a compatible transparent ink so that 32
the retroreflection is maintained and visible. 33
20. Mechanical Connection shall mean any type of physical connection between a 34
vehicle or vessel to be towed and the towtruck/flatbed truck/car carrier and 35
includes the use of devices for maneuvering unattended vehicles/vessels unable to 36
be safely moved by conventional winching or towing equipment. 37
21. Non-consent Tow shall mean the recovery, towing, removal and storage of a 38
vehicle or vessel without authorization of the vehicle/vessel owner or authorized 39
driver and shall include both “Police Directed Tows” and “Private Property 40
Impounds” as defined herein. 41
22. Non-Consent Towing Company shall mean person(s) who perform “Police 42
Directed Tows” or “Private Property Impounds” as defined herein. 43
23. Operate shall mean providing the services of recovering, towing, or removing 44
vehicles or vessels and any vehicle/vessel storage services associated therewith. 45
Palm Beach County Towtruck Ordinance 2010-001
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24. Operator shall mean any person who provides the services of recovering, towing, 1
or removing vehicles and any vehicle storage services associated therewith and 2
includes without distinction the owning entity of a towing firm and the driver of a 3
tow truck. 4
25. Person shall mean any natural person, firm, partnership, association, corporation 5
or other entity of any kind whatsoever. 6
26. Place of business shall mean the towtruck company that provides towing, 7
removal, recovery and storage services. 8
27. Police Directed Tow shall mean the removal and storage of a wrecked or 9
disabled vehicles at the direction of police/law enforcement from an accident 10
scene or the removal and storage of a vehicles in the event the vehicle owner or 11
authorized driver is incapacitated, unavailable, or otherwise does not consent to 12
the removal of the vehicle, excepting, however, all incidents of “Private Property 13
Impounds” as herein defined below. 14
28. Prior Express Instruction shall mean a clear, definite and explicit request: a) 15
made by a police agency to recover, tow, remove, or store a specific and 16
individual vehicle or vessel which is disabled, abandoned, or parked without 17
authorization or whose vehicle/vessel owner or authorized driver is unable or 18
unwilling to remove the vehicle; or b) made in writing by a real property owner or 19
duly authorized agent of the real property owner, as specifically referenced on the 20
written contract between the real property owner and towtruck company, to 21
recover, tow, remove and store a specific and individual vehicle or vessel parked 22
without permission of the real property owner. The towtruck company, an 23
employee or agent thereof shall not be the designated agent of the real property 24
owner for the purpose of providing prior express instruction to recover, tow, 25
remove or store the vehicle or vessel. 26
29. Private Property Impound shall mean towing or removal of a vehicle or vessel, 27
without the consent of the vehicle/vessel’s owner or authorized driver when that 28
vehicle/vessel is parked on real property, as authorized by Section 715.07, Florida 29
Statutes, as may be amended. 30
30. Proof of Ownership for Vehicle/Vessel Release shall mean that one or more of 31
the following documents are required along with a government issued photo 32
identification: 33
a. Current vehicle registration; 34
b. Vehicle Title; 35
c. An authorized driver/agent with a notarized release from the 36
vehicle/vessel owner or lien holder. Vehicle/Vessel owners have the right 37
to identify/approve designated agents to claim vehicles on their behalf. A 38
facsimile or electronic transfer of a notarized release statement from the 39
vehicle/vessel owner shall be accepted; 40
d. Insurance Card with the vehicle/vessel owner’s information, vehicle 41
description and Vehicle Identification Number; 42
e. Licensed Dealer in possession of an auction buyers sales invoice; and/or 43
f. A notarized bill of sale for non-titled vehicles or vessels. 44
If the owner of the vehicle has had his/her Florida driver’s license confiscated by 45
Palm Beach County Towtruck Ordinance 2010-001
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law enforcement and has no other government issued photo identification then at 1
least one of the following forms of identification shall be accepted: an itemized 2
voucher/property receipt from an arresting law enforcement agency, a booking or 3
arrest record, or original citation from a law enforcement agency all issued within 4
seven (7) days of the date the vehicle was towed. 5
31. Real Property Owner shall mean that person who exercises dominion and 6
control over real property, including but not limited to, the legal titleholder, 7
lessee, designated representative of a condominium or homeowner's association 8
or any person authorized to exercise or share dominion and control over real 9
property; provided, however, that "real property owner" shall not mean or include 10
a person providing towing services within the purview of this Ordinance. 11
32. Recover shall mean to take possession of a vehicle or vessel and its contents and 12
to exercise control, supervision and responsibility over it. 13
33. Recovery shall mean the removal of a vehicle or vessel from an area not readily 14
accessible to a roadway (i.e., within a standard cable length). 15
34. Remove shall mean to change the location of a vehicle by towing it. 16
35. Revoke shall mean to annul and make void the operating permit of a towtruck 17
company engaged in providing towing services. 18
36. Storage shall mean to place and leave a towed vehicle or vessel at a location 19
where the person providing the towing services exercises control, supervision and 20
the responsibility over the vehicle. 21
37. Storage facility shall mean the location where towed vehicles or vessels are 22
stored. 23
38. Tow shall mean to haul, draw or pull along a vehicle or vessel by means of a 24
towtruck equipped with booms, car carriers, winches or similar commercially 25
manufactured equipment. 26
39. Towing shall mean the act of moving one vehicle or vessel from one point to 27
another (including hook-up, lift, and transport) using what is commonly referred 28
to as a tow truck or a car carrier. 29
40. Towing Operating Permit shall mean the authority required by the provisions of 30
this Ordinance of any individual or towing company engaging in the business of 31
both non-consent and consent towing of vehicles/vessels. 32
41. Towtruck shall mean any vehicle used to tow, haul, carry or to attempt to tow, 33
haul or carry a vehicle or vessel. 34
42. Towtruck Company shall mean any person, company, corporation, or other 35
entity, which engages in, owns or operates a business which provides towing, 36
recovery, removal and storage of vehicles or vessels for compensation. 37
43. Towtruck Decal shall mean a decal placed upon any towtruck granted approval 38
to provide non-consent towing services by the Division. 39
44. Towtruck Driver shall mean the individual who is driving or physically 40
operating a towtruck for a towtruck company engaged in non-consent tows. 41
45. Unfair or deceptive trade acts or practices shall mean unfair methods of 42
competition, unconscionable acts or practices and unfair deceptive acts or 43
practices in the conduct of any consumer transaction and shall include but are not 44
limited to the following: 45
Palm Beach County Towtruck Ordinance 2010-001
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a. Representations that goods or services have sponsorship, approval, 1
characteristics, ingredients, uses, benefits, or quantities which they do not 2
have; 3
b. Representations that a person or towtruck company has a sponsorship, 4
approval, status, affiliation or connection which he or she does not have; 5
c. Representations that goods are original or new if in fact they are not, or if 6
they are deteriorated, altered, reconditioned, reclaimed, or second-hand; 7
d. Representations that goods are of a particular standard, brand, quality, 8
style, or model, if they are of another; 9
e. Representations that goods or services are those of another, if they are not; 10
f. Using deceptive representations or designations of geographic origin in 11
connection with goods or services; 12
g. Advertising goods or services intending not to sell them as advertised; 13
h. Advertising goods or services with intent not to supply reasonable 14
expectable public demand, unless the advertisement discloses a limitation 15
of quantity; 16
i. Making false or misleading statements concerning the need for, or 17
necessity of, any goods, services, replacements, or repairs; 18
j. Disparaging the goods, services, or business of another by false or 19
misleading representations of fact; 20
k. Making false or misleading statements of fact concerning the reasons for 21
the existence of, or amounts of price reductions; 22
l. Failing to return or refund deposits or advance payments for goods not 23
delivered or services not rendered, when no default or further obligation of 24
persons making such deposits or advance payments exists; 25
m. Taking consideration for goods or services intending not to deliver such 26
goods or perform such services, or intending to deliver goods or provide 27
service materially different from those contracted for, ordered or sold; 28
n. Offering gifts, prizes, free items, or other gratuities, intending not to 29
provide them as offered in connection with a sale of goods or services to a 30
consumer; 31
o. Making false or misleading statements concerning the existence, terms, or 32
probability of any rebate, additional goods or services, commission, or 33
discount offered as an inducement for the sale of goods or services; 34
p. Using physical force, threat of physical force, or coercion in dealing with 35
consumers; 36
q. Any violation of the Florida Deceptive and Unfair Trade Practices Act, 37
Section 501.201 et seq., Florida Statutes. 38
46. Vehicle shall mean an automobile, truck, bus, trailer, motorcycle, moped, 39
motorized scooters, recreational unit primarily designed as temporary living 40
quarters which either has its own motive power or is drawn by another vehicle, or 41
any other mobile item using wheels and being operated on the roads of Palm 42
Beach County, which is used to transport persons or property and is propelled by 43
power other than muscular power; provided, however, that the term does not 44
include bicycles, traction engines, road rollers, commercial heavy equipment or 45
Palm Beach County Towtruck Ordinance 2010-001
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vehicles which run only upon a track. 1
47. Vessel shall mean every description of watercraft, barge and air boat used or 2
capable of being used as a means of transportation on water, other than a seaplane 3
or a “documented vessel” as defined in s.327.02, Florida Statutes. 4
48. Vehicle or Vessel Owner shall mean a person with the “Proof of Ownership” 5
described in this Ordinance. 6
7
SECTION 3. Towtruck Class Specifications. 8
All towing vehicles must meet the following requirements and be commercially manufactured 9
and meet all federal transportation and towtruck requirements. 10
A. Class A Ratings 11
Towtruck 12
1. Minimum gross weight ................................................... 14,500 lbs. 13
2. Minimum boom capacity ................................................ 16,000 lbs. 14
3. Minimum winching capacity ............................................. 8,000 lbs 15
4. Minimum cable size and length ........................................ 3/8"X100' 16
5. Minimum wheel lift retracted rating ................................. 5,000 lbs. 17
6. Minimum wheel lift extended rating ................................ 4,000 lbs. 18
7. Minimum tow sling safe lift .............................................. 3,500 lbs. 19
8. Minimum safety chains (2 each) ................................5/16" grade 70 20
9. Minimum cab to axle dimension .................................................. 60" 21
22
Car Carrier 23
1. Minimum gross weight ................................................... 15,000 lbs. 24
2. Minimum deck capacity .................................................. 10,000 lbs. 25
3. Minimum length ........................................................................... 19’ 26
4. Minimum winching capacity ............................................ 8,000 lbs. 27
5. Minimum cable size and length .......................................... 3/8"X50' 28
6. Minimum tie down chains (4 each) ..........................5/16" grade 80 29
7. Tie down straps (optional) (4 each) ............... 2,000 lbs. each wheel 30
8. Minimum cab to axle dimension ................................................ 120" 31
32
Light Duty – Non-Police Towing 33
1. Minimum gross weight… ................................................ 9,500 lbs. 34
2. Minimum weight of towtruck ........................................... 4,000 lbs. 35
3. Minimum wheel lift extended rating ................................. 2,500 lbs 36
4. Minimum cab to axle dimension ................................................. 60” 37
38
B. Class B Ratings (Medium Duty) 39
40
Towtruck 41
1. Minimum gross weight ................................................... 19,000 lbs. 42
2. Minimum boom capacity ................................................ 24,000 lbs. 43
3. Minimum winching capacity ......................................... dual 12,000 44
4. Minimum cable size and length .................................... 7/16” x 150’ 45
Palm Beach County Towtruck Ordinance 2010-001
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5. Minimum wheel lift retracted rating ............................... 10,500 lbs. 1
6. Minimum wheel lift extended rating ................................ 6,500 lbs. 2
7. Minimum tow sling safe lift .............................................. 3,500 lbs. 3
8. Minimum safety chains (2 each) ..................................3/8" grade 80 4
9. Minimum cab to axle dimension ................................................. 96” 5
10. Required State DOT Registration 6
7
Car Carrier 8
1. Minimum gross weight ................................................... 22,500 lbs. 9
2. Minimum deck capacity .................................................. 10,000 lbs. 10
3. Minimum wheel lift capacity for 2nd vehicle ................... 4,000 lbs. 11
4. Minimum length ........................................................................... 19' 12
5. Minimum winching capacity ............................................ 8,000 lbs. 13
6. Minimum cable size and length .......................................... 3/8"X50' 14
7. Minimum tie down chains (4 each) ...........................5/16" grade 80 15
8. Tie down straps (optional) (4 each) .............. 2,000 lbs. Each wheel 16
9. Minimum cab to axle dimension ................................................ 120" 17
10. Required State DOT Registration 18
19
C. Class C Towtruck - Ratings (Heavy Duty) 20
1. Minimum gross weight ................................................... 33,000 lbs. 21
Air brakes, all tires H rated, capacity must 22
equal axle rating. Device required to control 23
disabled vehicle’s brakes. 24
2. Minimum boom capacity ................................................ 50,000 lbs. 25
3. Minimum winching capacity .......................................... 50,000 lbs. 26
4. Minimum cable size and length ........................................ 5/8"X150' 27
5. Minimum wheel lift retracted rating ............................... 40,000 lbs. 28
6. Minimum wheel lift extended rating .............................. 12,000 lbs. 29
7. Minimum tow Bar. .......................................................... 10,000 lbs. 30
8. Minimum safety chains (2 each) ..................................1/2" grade 80 31
9. Minimum cab to axle dimension ................................................ 156" 32
10. Required State DOT Registration 33
34
D. Class D. Towtruck - Ratings (Ultra Heavy Duty) 35
1. Minimum gross weight ................................................... 58,000 lbs. 36
Air brakes, all tires H rated, capacity must 37
equal axle rating. Device required to control 38
disabled vehicle’s brakes. Tandem axles required. 39
2. Minimum boom capacity. ............................................. 100,000 lbs. 40
3. Minimum winching capacity. ....................................... 100,000 lbs. 41
4. Minimum cable size and length ........................................ 3/4"X250' 42
5. Minimum wheel lift retracted rating ............................... 40,000 lbs. 43
6. Minimum wheel lift extended rating ..................................... 15,000 44
7. Minimum heavy-duty towbar rating ............................... 10,000 lbs. 45
Palm Beach County Towtruck Ordinance 2010-001
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8. Minimum safety chains (2 each) .................................1/2" grade 80 1
9. Minimum cab to axle dimension .................................................. 18’ 2
10. Required State DOT Registration 3
4
SECTION 4. Operating Permit Required. 5
A. Towing: It shall be unlawful for any person to recover, tow, remove or store a 6
vehicle/vessel for compensation in Palm Beach County or to cause or permit any other 7
person for compensation to recover, tow, remove or store a vehicle/vessel in Palm Beach 8
County. It shall also be unlawful or to advertise said services without first obtaining and 9
maintaining a current and valid operating permit pursuant to the provisions of this 10
Ordinance. A person conducting non-consent tows in Palm Beach County but having 11
his/her primary place of business outside of Palm Beach County shall be required to 12
obtain an Operating Permit and shall be subject to all the provisions of this Ordinance. 13
B. Nothing in this Ordinance shall be construed to prohibit the discharge or storage of a 14
vehicle lawfully recovered, towed or removed in another county and lawfully transported 15
into Palm Beach County; nor shall anything in this Ordinance be construed to prohibit a 16
vehicle owner or authorized agent from requesting the services of a towing business not 17
regularly doing business in Palm Beach County (i.e., routinely, contracted, etc.) to tow or 18
transport such vehicle out of Palm Beach County. 19
C. The provisions of this Ordinance shall not apply to governmental agencies, vehicle rental 20
companies which tow their own vehicles, to businesses utilizing trucks capable of 21
transporting five (5) or more vehicles at one time, or to persons who use towing vehicles 22
to transport their vehicles solely for personal, family, household or recreational use. 23
24
SECTION 5. New Applications/Renewals and Issuance of Operating Permit; 25
Fees. 26
27
A. The Division shall issue either a Towing Operating Permit or a Consent-Only Towing 28
Operating Permit to towtruck companies which have met the standards and requirements 29
for an operating permit as provided for in this Ordinance. 30
B. Every application/renewal for an operating permit shall be in writing, signed and verified 31
by the applicant, and filed with the Division. The application/renewal shall be on a form 32
prescribed by the Division and shall contain information, including but not limited to: 33
1. Sufficient information to identify the applicant, including but not limited to, full 34
legal name, date of birth, telephone numbers, the place of business and residence 35
addresses, a copy of the applicant's Palm Beach County Business Tax Receipt and 36
Florida driver's license number. If the applicant is a corporation, the foregoing 37
information shall be provided for each corporate officer, director, registered agent 38
and shareholder. If the applicant is a partnership, the foregoing information shall 39
be provided for each general and limited partner. Post office box addresses shall 40
not be accepted. 41
2. Documentation demonstrating that all corporate or partnership applicants are 42
qualified under the laws of Florida to do business under the trade name or names 43
under which it has applied for an operating permit. 44
3. A list of all persons with any ownership interest in the company who have 45
Palm Beach County Towtruck Ordinance 2010-001
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previously been denied an operating permit from this or any other jurisdiction. 1
4. Verification of the business’ current corporate status and Fictitious Name 2
Registration (if applicable) with the State of Florida. 3
5. Any trade name under which the business operates, intends to operate, or has 4
previously operated. 5
6. The location and physical addresses of all places of business including storage 6
facilities. 7
7. A description of services proposed to be provided, including, but not limited to, 8
days and hours of operation and types of towing and storage services to be 9
provided. 10
8. Proof of insurance as required in Section 7 (Insurance Requirements) of this 11
Ordinance. As proof of insurance, a certificate of insurance must be submitted on 12
the company’s behalf directly to the Division by the insurance company or agent. 13
9. A signature of each individual applicant, president or vice-president of a 14
corporation and of all the general and limited partners of a partnership having 25 15
percent or greater ownership in the company. 16
10. The submission of a statement assuring that each towtruck is commercially 17
manufactured, meets the specifications listed herein, is in safe operating condition 18
and receives routine service/maintenance. 19
11. An agreement on the part of the applicant to abide by the provisions of this 20
Ordinance and the laws of the State of Florida. 21
12. Such additional information required by the Division to process the 22
application/renewal. 23
C. The Division shall review and investigate each application/renewal of an operating 24
permit and shall deny any application/renewal that is incomplete or untrue in whole or in 25
part, or which fails in any way to meet the requirements of this Ordinance including but 26
not limited to the following: 27
1. The applicant has been convicted of, found guilty of, or pled guilty or nolo 28
contendere to, regardless of the adjudication of guilt, within the last ten (10) years 29
involving: repossession of a motor vehicle under Chapter 493, F.S., repair of a 30
motor vehicle under ss. 559.901-559.9221, F.S., theft of a motor vehicle under s. 31
812.014, F.S., carjacking under s. 812.133, F.S., operation of a chop shop under s. 32
812.16, F.S., failure to maintain records of motor vehicle parts and accessories 33
under s. 860.14, F.S., airbag theft or use of fake airbags under s. 860.145 or s. 34
860.146, overcharging for repairs and parts under 860.15, F.S., or violation of the 35
towing or storage requirements for a motor vehicle under s. 321.051, F.S., 36
Chapter 323, F.S., s. 713.78, F.S., s. 715.07, F.S., or any felony where use of a 37
vehicle was involved in theft of property. In the case of a corporate or partnership 38
applicant, all corporate officers and directors, or partners shall provide all such 39
information, as the case may be. 40
2. Any unsatisfied civil fines or penalties arising out of an administrative or 41
enforcement action brought by the Division (including any Cease and Desist 42
Orders and/or Assurances of Voluntary Compliance issued by the Division) or 43
another governmental agency based upon conduct involving a violation of this 44
Ordinance or other towing regulations. 45
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3. Any criminal, administrative, or enforcement proceeding in any jurisdiction based 1
upon conduct involving a violation of this Ordinance or other towing regulations. 2
This paragraph shall apply to consent-only towing companies when such 3
proceedings from other jurisdictions relate to public safety. 4
4. Any unsatisfied judgments entered in an action brought by the Division under this 5
Ordinance. 6
5. Has had its operating permit previously revoked by action of the Division or any 7
other jurisdiction within two (2) years of the date of application. This paragraph 8
shall apply to consent-only towing companies when such proceedings relate to 9
public safety. 10
D. All towtruck companies which desire to operate in Palm Beach County must secure an 11
operating permit and follow the permitting procedures described in this section prior to 12
conducting business. If there are six months or less remaining before the annual renewal 13
period, the non-refundable fee for the operating permit shall be fifty (50) percent of the 14
approved fee, otherwise all other fees are applicable. 15
E. Each operating permit and towtruck decal issued pursuant to this section shall be valid 16
and effective for one (1) year, terminating on December 31 of each year. Failure to 17
submit an operating permit application and the required non-refundable fee for renewal 18
by September 30 of each year will result in the assessment of a non-refundable late fee. 19
All fees shall be established by a resolution of the Commission. 20
F. Towtruck companies failing to submit a complete and true application within thirty (30) 21
calendar days after the Division’s receipt of the application shall be denied an operating 22
permit. Within ten (10) business days of receipt of the Division’s notice of denial, such 23
towtruck companies may refile a complete and true application and pay a non-refundable 24
application re-filing fee established by a resolution of the Commission. Failure to refile 25
an application within this ten (10) day period will result in the towtruck company being 26
required to submit a new application and repaying the non-refundable application permit 27
fee and applicable towtruck decal fees. The failure to refile and pay the required fees 28
will result in the denial of the operating permit application for that licensing period. 29
G. After initial application and upon renewal, the applicant shall submit to a background 30
investigation every other year. 31
H. Each operating permit shall be printed on a certificate containing, at a minimum, the 32
name and address of the company, the name of the principal, the dates the operating 33
permit is in effect, and the identifying number assigned by the Division to the company. 34
The operating permit certificate issued by the Division shall remain the property of Palm 35
Beach County and shall be used only under the authority of the Division. 36
I. All operating permits shall be renewed annually. As a part of the renewal process, the 37
original application shall be updated and verified by the applicant. Each updated renewal 38
application shall be accompanied by a non-refundable fee. All operating permits which 39
are not renewed shall automatically expire upon the expiration date of the operating 40
permit, as stated on the operating permit, and all recovery, towing, removing and storage 41
services permitted shall cease immediately. The Division shall deny each renewal 42
application that is not timely, is incomplete, is untrue in whole or in part, is 43
unaccompanied by the required fees, or results in a determination by the Division that the 44
applicant has failed to satisfy the requirements of this Ordinance. 45
Palm Beach County Towtruck Ordinance 2010-001
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J. An operating permit issued or renewed pursuant to the provisions of this section shall not 1
be transferable, nor shall the ownership structure of the operating permit be so modified 2
as to constitute a change in the control or ownership of the operating permit. If the 3
business changes its name or ownership structure, a new business permit application and 4
the business application permit fee shall be submitted to the Division within forty-five 5
(45) days of said change. In cases where the name of the business changes, the new 6
business will be required to have each vehicle inspected and must also pay decal/vehicle 7
fees. 8
K. Failure to comply with the provisions of this section may result in denial of an operating 9
permit, revocation or suspension of the operating permit, a denial of renewal of such 10
operating permit, issuance of a civil citation, a criminal conviction and/or other such 11
remedies available to the Division herein. 12
L. All fees collected shall be deposited in a separate County fund for the Division’s 13
operation. 14
M. Start-Up: The Board of County Commissioners may adjust the operating permit fees, 15
decal fees and the deadline for submitting applications if the initial licensing period is 16
less than a full year after the effective date of this Ordinance. Towtruck companies 17
which were issued 2010 operating permits prior to the effective date of this Ordinance 18
shall not be required to pay any increase or additional fees implemented through the 19
approval of this Ordinance for the start-up year. 20
21
SECTION 6. Inspection of Storage Yards and Public Offices Required. 22
23
A. Prior to the issuance of an operating permit, the Division shall inspect each storage 24
facility and public office area to assure compliance with this Ordinance and the 25
following: 26
B. Non-Consent Towing Storage facilities must meet the following requirements: 27
1. Adequate chain-link or solid-wall fencing that has a minimum height of six (6) 28
feet with lockable and secure gates surrounding the storage facility. 29
(713.78(7)(b)1), F.S. 30
2. At least ten (10) feet by twenty (20) feet of outdoor storage space for each 31
standard vehicle/vessel (more for larger vehicles). The facility must be able to 32
accommodate a minimum of ten (10) standard size vehicles. For towing 33
companies unable to provide outdoor storage, an indoor facility must be provided 34
with the same space for a minimum of ten (10) standard size vehicles and must 35
use one or more of the security methods defined herein. Towing companies 36
which provide only indoor storage shall not exceed the maximum allowable 37
outdoor storage rates established by the Commission. 38
3. At least ten (10) feet by twenty (20) feet of indoor storage space for each standard 39
vehicle/vessel. The indoor storage space must adequately protect the vehicle 40
from natural (i.e., rain, hail, etc.) and man-made (i.e., paint, chemicals, etc.) 41
elements, be isolated to prevent contact with unapproved personnel/public and be 42
placed in such a manner to prevent damage by any other means. Indoor storage 43
space shall be adequately vented to the outside to prevent accumulation of toxic 44
fumes or gases that may pose a threat to human health. The indoor facility must 45
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be able to accommodate a minimum of at least two standard size vehicle. 1
4. Illuminate the storage facility with lighting of sufficient intensity to reveal 2
persons and vehicles/vessels at a distance of 150 feet during nighttime. 3
(713.78(7)(b)2), F.S. 4
5. Each storage facility must use one or more of the following security methods to 5
discourage theft of vehicles/vessels or of any personal property contained in such 6
vehicles/vessels: 7
a. A night dispatcher or watchman remaining on duty at the storage facility 8
from sunset to sunrise; 9
b. A guard dog (as licensed and approved by the Palm Beach County Animal 10
Care & Control Division) which remains at the storage facility from sunset 11
to sunrise; 12
c. Security cameras or other similar electronic surveillance devices which 13
monitor and record activities in the storage facility during the hours the 14
business is closed to the public; or 15
d. A licensed security guard service which examines/patrols the storage 16
facility at least once each hour from sunset to sunrise. (713.78(7)(b)3), 17
F.S. 18
6. An appropriate office area protected from the weather and equipped with a wired 19
telephone system and approved sanitary facilities in accordance with the 20
requirements of Chapter 64E-10, FAC. 21
C. By resolution, the Commission may establish a storage yard inspection fee. 22
23
SECTION 7. Insurance Requirements. 24
A. It shall be unlawful for any towtruck company to recover, tow, or remove a 25
vehicle/vessel or to provide vehicle/vessel storage services in connection therewith until 26
that company has filed with the Division and maintains in effect, the following types of 27
commercial insurance: auto liability for each vehicle, general/garage liability, on-hook 28
cargo liability and worker’s compensation (as required by state law). The Board shall 29
establish the minimum insurance limits by resolution for each insurance type. 30
B. All insurance policies required shall be issued by insurance companies licensed and 31
admitted to write commercial liability insurance in the State of Florida. No policy shall 32
be accepted which is less than a six (6) month duration. Each policy shall be endorsed to 33
provide for thirty (30) days written notice to the Division of any non-renewal of the 34
policy or at least ten (10) days written notice to the Division of any cancellation/non-35
payment of the policy. 36
C. A properly completed Certificate of Insurance evidencing all insurance coverages shall 37
be made available to the Division upon application for an operating permit. Each vehicle 38
must be listed on the certificate(s) by its year, make and vehicle identification number. 39
Certificates of Insurance must contain the following name and address as Certificate 40
Holder: 41
Board of County Commissioners of Palm Beach County 42
c/o Division of Consumer Affairs 43
50 South Military Trail 44
West Palm Beach, FL 33415 45
Palm Beach County Towtruck Ordinance 2010-001
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1
Evidence of the renewal of the policy shall be filed with the Division prior to such 2
policy’s expiration date. Failure to file such evidence of insurance, or failure to have 3
same in full force and effect, may result in denial of a permit, revocation or suspension of 4
the permit, a denial of renewal of such permit, issuance of a civil citation, a misdemeanor 5
charge or other such remedies available to the Division herein. 6
D. The Division may deny, suspend or revoke the operating permit of any company for 7
failure to obtain or maintain insurance as required by this Ordinance. Any company 8
which submits false or fraudulent insurance documents shall be subject to immediate 9
denial or revocation. Such companies shall not be eligible to reapply for a business 10
permit for five (5) years. The Division shall notify the State Department of Financial 11
Services/Division of Insurance Fraud for follow-up investigation and review. Upon 12
denial, suspension or revocation of the business permit, the company shall be entitled to 13
an appeal according to the provisions in Section 27 (Hearings and Appeals). 14
E. The Division shall suspend the operating permit of any company which fails to ensure 15
that each and every registered vehicle associated with the company has: 16
1. A current certificate of insurance provided to the Division by the authorized agent 17
or insurance company no later than the date of expiration of its previous policy, or 18
2. A reinstatement notice provided to the Division no later than the date of 19
cancellation of said policy. 20
3. Any company which has had its business permit suspended more than two (2) 21
times in any twelve (12) month period may have such permit revoked for a period 22
of 1 year. 23
F. An “administrative insurance reactivation” fee established by resolution of the Board, 24
shall be assessed all towtruck companies that are suspended pursuant to paragraph D 25
above. The suspension shall not be withdrawn until the fee is paid to the Division. 26
27
SECTION 8. Towtruck Registration; Towtruck Standards; Decals. 28
A. It shall be unlawful to recover, tow or remove a vehicle/vessel or to store it in connection 29
therewith unless the towtruck used to provide such service displays in the lower left 30
corner (driver side) of the front window a current decal issued by the Division. The 31
towtruck decal remains the property of the Division and can be used only under the 32
authority of the Division. 33
B. The Division is authorized to issue current towtruck decals for each separate towtruck 34
upon application by the towtruck company and completion or satisfaction of the 35
following: 36
1. Inspection by personnel authorized by the Division to ensure that the towtruck 37
clearly displays the company name on the exterior of the driver and passenger 38
sides in permanently affixed letters in contrasting colors at least three (3) inches 39
high. The physical address of the business, telephone number and operating 40
permit number must be in at least one (1) inch permanently affixed letters in 41
contrasting colors on the exterior driver and passenger sides. 42
2. Submission of an affidavit to the Division assuring that each towtruck is 43
commercially manufactured and meets the specifications listed in Section 3 44
(Towtruck Class Specification) of this Ordinance and is in safe operating 45
Palm Beach County Towtruck Ordinance 2010-001
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condition. 1
3. An application form prepared by the Division and completed by the towtruck 2
company, which correctly indicates the year, make, model, vehicle identification 3
number, and the State of Florida motor vehicle license plate number and the 4
expiration date of the license plate of the towtruck. A copy of the State of Florida 5
Vehicle Registration shall be provided for each vehicle to be registered/permitted 6
with the Division. 7
4. Payment of a non-refundable decal fee established by resolution of the 8
Commission and deposited and used in the same manner as other fees and charges 9
under this Ordinance. 10
5. Inspection of the towtruck by personnel authorized by the Division to ensure that 11
the towtruck meets the minimum towtruck signage requirements and safety and 12
equipment standards. The minimum safety requirements for all towtrucks shall 13
be: 14
a. Compliance with Section 3 (Towtruck Class Specification) of this 15
Ordinance; 16
b. Vehicle and towing apparatus in safe operating condition pursuant to 17
Chapter 316, F.S; 18
c. Tire conditions and tread; 19
d. Braking performance; 20
e. Lights – head, parking, rear, signal and flood; 21
f. Amber emergency lighting; 22
g. Fire extinguisher; 23
h. Safety Equipment – Flares, light reflective safety cones or red triangle 24
highway warning reflectors; and 25
i. Flashlight. 26
Towtrucks used exclusively for Police Directed tows shall be required to also 27
have the following: 28
a. “Oil Dry” or its equivalent; and 29
b. Equipment – crowbar/pryer, jumper cables, bolt cutters, 4-way lug 30
wrench, extra tow chain, five (5) gallon trash receptacle, fire axe, heavy 31
duty push broom and shovel. 32
C. It shall be unlawful for any towtruck company to alter or transfer ownership of any decal. 33
If a towtruck is destroyed or sold, the towtruck company must remove said decal and 34
surrender the remains to the Division. 35
D. Any additional towtrucks must comply with this Section prior to being used for recovery, 36
towing or removal of any vehicle/vessel. Upon compliance with this Section, additional 37
towtrucks acquired during the licensing year will receive a decal at a prorated fee. The 38
prorated fee shall be fifty (50) percent of the regular decal fee if there are six months or 39
less remaining before the annual renewal period. 40
E. Decals shall be issued in numerical order and each decal issued shall display its assigned 41
number. Decals shall be issued annually when the operating permit is renewed. 42
F. The decal for each towtruck shall be affixed by personnel authorized by the Division and 43
shall at all times be displayed and available for inspection by any law enforcement officer 44
or by personnel authorized by the Division to perform enforcement duties. 45
Palm Beach County Towtruck Ordinance 2010-001
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G. Replacement or duplicate decals may be authorized by the Division upon the completion 1
of an application and notarized statement of the towtruck company stating that such 2
replacement or duplicate decal is necessary and stating the reasons for such request, 3
along with a nominal charge to be approved by resolution of the Commission. 4
H. A towing company which has towtrucks inspected by a municipality or law enforcement 5
agency that meet the inspection requirements of this Ordinance, shall be exempt from the 6
inspection requirements herein as long as the inspection took place within ninety (90) 7
days of the required Division inspection. However, all towtrucks operating pursuant to 8
this Ordinance shall be registered with the Division and meet the vehicle safety 9
requirements of this Ordinance. 10
11
Section 9. Inspection Procedures and Requirements. 12
A. The Division shall conduct storage facility and individual towtruck inspections upon the 13
completion and submittal of all application requirements by each towtruck company. 14
The Division will provide written notification (fax or electronic notification acceptable) 15
to the towtruck company of the need for inspection of storage facilities and all towtrucks. 16
1. Within five (5) business days of notification, the towtruck company shall contact 17
the Division to schedule an appointment for inspection. Said inspection shall be 18
completed within twenty (20) business days after the towtruck company contacts 19
the Division to schedule the inspection. If the towtruck company does not 20
schedule the inspection within five (5) business days of notification, then prior to 21
inspection, an inspection late fee established by resolution of the Commission 22
must be paid to the Division. Failure to schedule the appointment following 23
initial notification by the Division within the five (5) day time period shall result 24
in the denial of the operating permit and a requirement that the operating permit 25
application be resubmitted along with applicable non-refundable operating permit 26
application re-filing fees established by resolution of the Commission. 27
2. If the towtruck company cancels the inspection, a cancellation fee must be paid to 28
the Division prior to inspection. Failure to reschedule the appointment within 29
eleven (11) business days of the initial notification by the Division or to complete 30
said inspection within twenty (20) business days after the appointment has been 31
rescheduled, shall result in the denial of the operating permit and a requirement 32
that prior to inspection, the operating permit application be resubmitted along 33
with applicable non-refundable application re-filing fees established by resolution 34
of the Commission. The applicant shall only be permitted one opportunity to 35
reschedule the required inspections. 36
B. If a storage facility inspection reveals deficiencies (fails) and a reinspection is required, 37
then a storage facility reinspection fee must be paid to the Division. The fee is to be 38
established by the Commission by resolution. Within five (5) business days of 39
notification, the towtruck company shall contact the Division to schedule an appointment 40
for reinspection. Said reinspection shall be completed within twenty (20) business days 41
after the towtruck company contacts the Division to schedule the reinspection. Failure to 42
complete said reinspection within twenty (20) business days after the appointment has 43
been scheduled, shall result in the denial of the operating permit and a requirement that 44
the application be resubmitted along with applicable non-refundable application re-filing 45
Palm Beach County Towtruck Ordinance 2010-001
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fees established by resolution of the Commission. 1
C. Upon the Division’s inspection of the storage facility and towtruck(s), if all towtrucks are 2
not available/present, then the towtruck company shall bring the unavailable truck(s) to 3
the Division’s designated inspection site within five (5) business days by appointment. If 4
the towtruck(s) are not inspected within five (5) business days, then a vehicle inspection 5
late fee must be paid to the Division. The fee is to be established by the Commission by 6
resolution. 7
D. If towtruck inspection reveals deficiencies (fails) and a reinspection is required, then the 8
failed truck(s) are to be brought to the Division’s designated reinspection site within 5 9
business days by appointment. The vehicle reinspection fee shall be applied each time the 10
individual towtruck fails the inspection process. If the towtruck is not reinspected within 11
five (5) business days, then a late vehicle reinspection fee must be paid to the Division. 12
E. Towtrucks that are out of service at the time of a scheduled vehicle inspection and are 13
expected to be out-of-service longer than five (5) business days as well as towtrucks that 14
have failed two (2) inspections will be red-tagged by the Division. A red-tag “out of 15
service” decal will be applied to the vehicle by a Division employee and the vehicle may 16
not be used for any business or towing purposes until such time as the vehicle is brought 17
to the Division’s designated site, inspected and approved for operation. Only Division 18
employees may remove the red-tag decal. 19
F. It shall be unlawful to operate a towtruck which has failed to pass any critical item 20
specified on any towtruck inspection performed by personnel authorized by the Division 21
or has failed to correct other inspection deficiencies within the time period specified by 22
the Division or is operating with safety deficiencies or without the proper insurance 23
coverage. When a towtruck has failed to pass inspection or the owner has failed to 24
correct such inspection deficiencies or the vehicle is operating with safety deficiencies or 25
without the proper insurance coverage, personnel authorized by the Division shall affix to 26
the lower left corner of the towtruck windshield a red tag “out of service” decal/notice. It 27
shall be unlawful for the towtruck company or any other person other than personnel 28
authorized by the Division to remove this notice from the windshield of the towtruck. 29
This notice shall remain the property of the Division and Palm Beach County. 30
G. It is a violation of this Ordinance not to have storage facilities and towtrucks inspected 31
according to the above requirements. Failure to pay the required fees is a violation of 32
this Ordinance. 33
34
SECTION 10. Non-consent Manifest, Towing Invoice, or Tow Sheet. 35
A. It shall be unlawful for any person providing nonconsent towing services to recover, tow 36
or remove a vehicle/vessel or provide storage in connection therewith unless the person 37
providing such service shall maintain in his possession a manifest, towing invoice, tow 38
sheet or dispatch records which shall include, but not be limited to, the following 39
information: 40
1. Name of the towtruck company and of the towtruck operator physically providing 41
the service; 42
2. Palm Beach County Decal number of the towing vehicle used to provide the 43
service; 44
3. Name, address and telephone number of the person requesting the service, except 45
Palm Beach County Towtruck Ordinance 2010-001
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as provided in Section 14.E. (Non-consent Towing With Prior Express Instruction 1
of Real Property Owner or Duly Authorized Agent and/or Law Enforcement 2
Agency) of this Ordinance; 3
4. Prior express instruction (signed and dated) of the real property owner provided in 4
the presence of the towtruck driver recovering, towing or removing the 5
vehicle/vessel except as provided in paragraph A. above. 6
5. Date and time the towtruck arrived at the location where the service is to be 7
performed; 8
6. Date and time of release to vehicle/vessel owner or authorized agent; 9
7. Location at which the service originated; 10
8. Destination to which the vehicle/vessel being provided the service is taken and 11
the time of arrival at the destination; 12
9. Description of vehicle/vessel being provided the service, including make, model, 13
year (if known), color, vehicle/vessel identification number (if visible) and license 14
plate number, if any; 15
10. Description of services provided; 16
11. The total charges listed individually and specifically as well as the description of 17
the services rendered; 18
12. When an “extra time/labor at scene” charge is applied, the towtruck driver shall 19
obtain and provide the name of the law enforcement agency and agency case 20
number. In lieu of the case number, the badge number and name of the 21
investigating law enforcement officer on the scene must be provided. A detailed 22
explanation of the services rendered which necessitated the charges shall also be 23
recorded and provided to the vehicle/vessel owner or representative upon 24
demand. 25
13. The following disclosure in bold capitalized letters of at least 12-point type: 26
IF YOU HAVE QUESTIONS OR COMPLAINTS ABOUT NON-27
CONSENT TOWS UNABLE TO BE RESOLVED BY THE 28
TOWING COMPANY MANAGEMENT, CONTACT THE PALM 29
BEACH COUNTY CONSUMER AFFAIRS DIVISION, WEST 30
PALM BEACH, FLORIDA. TELEPHONE: (561) 712-6600 OR 31
BY INTERNET: www.pbcgov.com/consumer. 32
33
COMPANIES PERFORMING NON-CONSENT TOWS IN PALM 34
BEACH COUNTY ARE REQUIRED TO ACCEPT ALL OF THE 35
FOLLOWING FORMS OF PAYMENT: 36
37
1. CASH, MONEY ORDER OR VALID TRAVELER'S CHECK; 38
AND 39
2. VALID BANK DEBIT/CREDIT CARD, WHICH SHALL 40
INCLUDE, BUT NOT BE LIMITED TO, MASTERCARD OR 41
VISA, THAT IS IN THE NAME OF THE VEHICLE/VESSEL 42
OWNER OR AUTHORIZED DRIVER/AGENT; AND 43
3. VALID PERSONAL CHECK SHOWING ON ITS FACE 44
THE NAME AND FLORIDA ADDRESS OF THE 45
Palm Beach County Towtruck Ordinance 2010-001
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VEHICLE/VESSEL OWNER OR AUTHORIZED 1
DRIVER/AGENT. 2
3
B. Each original manifest, towing invoice, or tow sheet shall be available for inspection and 4
a copy provided upon demand by law enforcement officers, by personnel authorized by 5
the Division to perform enforcement duties or to the vehicle vessel owner or his/her 6
authorized driver/agent. 7
8
SECTION 11. Advertisements. 9
In all advertisements, towtruck companies performing non-consent towing services shall furnish 10
the complete business address, telephone number and Palm Beach County Towing Operating 11
Permit Number of said towtruck company. The Permit Number is not required in telephone 12
directories where the publisher gratuitously provides a “business listing” with only the company 13
name, address and phone number. 14
15
SECTION 12. Records Required. 16
Each towtruck company shall maintain accurate and complete records including but not limited 17
to, manifests, towing invoices, or tow sheets for services rendered. When photographs are taken 18
of vehicles/vessels, the vehicle/vessel owner and the Division shall have access to such photos 19
for the purpose of inspection and/or copying. Such records and photographs shall be maintained 20
for at least three (3) years for services related to non-consent towing services and for one (1) 21
year for services related to consent-only towing services. The Division shall be granted access 22
to these records for inspection and/or copying, during regular business hours, upon 24-hours 23
prior notice. In the event, the Division is denied the opportunity to inspect and copy such 24
records; the Division shall have the right to remove the records for the purpose of copying and 25
shall return any records removed within three (3) calendar days. All records and information 26
inspected and not copied shall be confidential, except that records may be copied and made 27
public for the purpose of complaint investigations, operating permit suspension and/or 28
revocation proceedings. 29
30
Section 13. Operating Permit Required to Do Business with the County. 31
No person shall submit a bid, nor shall any contract be awarded, on any county contract or 32
agreement to recover, tow, or remove vehicles/vessels or provide storage in connection with 33
such services unless that person has a valid and current operating permit issued pursuant to this 34
Ordinance. Nothing herein shall prevent the County from contracting for more stringent 35
requirements than set forth in this Ordinance. 36
37
SECTION 14. Non-consent Towing With Prior Express Instruction of Real 38
Property Owner or Duly Authorized Agent and/or Law Enforcement Agency. 39
40
In addition to the other requirements of this Ordinance, no towtruck company shall, for 41
compensation, recover, tow, or remove a vehicle/vessel or provide storage in connection 42
therewith without the prior express instruction of the vehicle/vessel owner or authorized driver, 43
except in accordance with the following: 44
Palm Beach County Towtruck Ordinance 2010-001
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A. Police Directed Tow: Non-consent towtruck companies may for compensation recover, 1
tow or remove a vehicle/vessel based upon a police directed tow without the prior 2
express instruction of the vehicle/vessel owner or authorized driver upon the prior 3
express instruction of a law enforcement agency and in accordance with the terms of any 4
contracts or agreements between the towtruck company and a governmental entity and/or 5
law enforcement agency. 6
B. Private/Public Property Impound: Non-consent towtruck companies may for 7
compensation recover, tow or remove a vehicle/vessel on a private/public property 8
impound without the prior express instruction of the vehicle/vessel owner or authorized 9
driver, upon the prior express instruction of the real property owner or his duly 10
authorized agent on whose property the vehicle/vessel is disabled, abandoned or parked 11
without authorization or whose vehicle/ vessel owner or authorized agent is unwilling or 12
unable to remove the vehicle/vessel, provided that the requirements of this Ordinance are 13
satisfied. The non-consent towtruck company recovering, towing or removing a 14
vehicle/vessel shall, within thirty (30) minutes of completion of such towing or removal, 15
notify the appropriate law enforcement agency in which jurisdiction the vehicle/vessel 16
was parked of the nature of the service rendered, the name and address of the storage 17
facility where the vehicle/vessel will be stored, the time the vehicle was secured to the 18
towing vehicle, and the make, model, color and vehicle/vessel license plate number (if 19
any). The non-consent towtruck company shall obtain the name of the person at the law 20
enforcement agency to whom such information was reported and note that name on the 21
trip record. 22
C. Except as otherwise provided in this Ordinance, every prior express instruction made in 23
writing or in person shall indicate the date and time of the instruction and shall be signed 24
by the law enforcement officer, or the real property owner/duly authorized agent in the 25
physical presence of the towtruck company providing the service at the time the towing 26
services are performed. The law enforcement officer or the real property owner/the duly 27
authorized agent shall also print his/her full name. Prior Express Instruction 28
(signed/printed name and date) must be provided on the manifest, towing invoice or tow 29
sheet in the presence of the driver. Pre-authorization or post-authorization for prior 30
express instruction is a violation of this Ordinance and shall result in the issuance of a 31
citation and/or suspension or revocation of the operating permit. 32
D. Signing in the presence of the non-consent towtruck company/driver shall not be required 33
for a prior express instruction made by the real property owner or authorized agent 34
forwarded by facsimile transmission on a form provided by the Division. All other 35
requirements of this Ordinance shall apply and the real property owner or duly authorized 36
agent shall provide in the facsimile instruction the specific location (i.e., address, parking 37
space, etc.), color of the vehicle, make and/or model of the vehicle (if visible) and either 38
the license tag number or the vehicle identification number (if available) prior to the 39
vehicle/vessel being towed. Such facsimile instruction shall include the real property 40
owner’s or authorized agent’s signature and printed or typed full name and title, as well 41
as an electronic confirmation or electronic stamp of the date and time the instruction was 42
sent to the towtruck company. The towtruck company, in compliance with Section 12 43
(Records Required) of this Ordinance, shall maintain copies of facsimile instructions. 44
Failure of the non-consent towtruck company to act on a faxed instruction within twenty-45
Palm Beach County Towtruck Ordinance 2010-001
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four (24) hours of an expressed instruction from the property owner or designee shall 1
require the issuance of a new facsimile or express authorization. Acting on an 2
incomplete facsimile from the property owner is a violation of this Ordinance. 3
E. No non-consent towtruck company/driver shall pay or rebate money, or solicit or offer 4
the rebate of money, or other valuable consideration in order to obtain the privilege of 5
rendering towing services. The only exception is governmental franchise fees. 6
F. Except as otherwise provided in this Ordinance, no such prior express instruction shall be 7
considered to have been given: 1) by the mere posting of signage as required by Sections 8
15 (Notice Requirements for Providing Non-Consent Tow Services at Request of Real 9
Property Owners) and 18 (Maximum Non-Consent Towing and Storage Rates for Non-10
Consent Tow Services) of this Ordinance; 2) by virtue of the terms of any contract or 11
agreement between a towtruck company and a real property owner; 3) when the prior 12
express instruction occurs in advance of the actual unauthorized parking of the 13
vehicle/vessel; or 4) where the prior express instruction is general in nature and unrelated 14
to specific, individual and identifiable vehicles/vessels which are already parked without 15
authorization. 16
G. Each non-consent towtruck company shall enter into a written contract with every owner 17
or duly authorized agent (as defined herein) of private property that authorizes the non-18
consent towtruck company to tow vehicles/vessels on or from its property. This written 19
contract shall include the beginning date of said contract, the names of all persons who 20
can authorize prior express instruction to the towtruck company to remove, recover or 21
tow any vehicle/vessel on or from its property. The written contract shall include the 22
name and current telephone number of the towtruck company performing the towing 23
service, and the name, address and telephone number for any duly authorized agents 24
acting on behalf of the real property owner. The written contract for non-consent towing 25
shall also include a clear understanding of liability for the real property owner as stated in 26
s.715.07 (4) and shall include the following wording, “When a person improperly causes 27
a vehicle or vessel to be removed, such person shall be liable to the owner or lessee of the 28
vehicle or vessel for the cost of removal, transportation, and storage; any damages 29
resulting from the removal, transportation, or storage of the vehicle or vessel; attorney's 30
fees; and court costs.” No such contract shall state that the non-consent towtruck 31
company assumes the liability for improperly towed vehicles/vessel, contrary to s. 32
715.07(4), F.S. Any addendum to the contract shall include additional names and titles 33
as necessary. The non-consent towtruck company must keep on file each contract and 34
addendum (if applicable) with the property owner. Such contract shall be maintained for 35
at least twelve (12) months after termination. The Division and law enforcement officers 36
may inspect and request a copy of any and all such contracts from the non-consent 37
towtruck company during normal business hours. The non-consent towtruck company 38
may not withhold production of the contract upon demand by the Division or law 39
enforcement. Failure to enter into or keep on file a contract with the property owner shall 40
be a violation of this Ordinance. All contracts which were entered into prior to the 41
effective date of this Ordinance, shall accomplish the requirements of this subsection by 42
entering into an addendum to the current contract within three (3) months following the 43
enactment of this Ordinance. 44
45
Palm Beach County Towtruck Ordinance 2010-001
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Non-consent towtruck companies may not enter into a written contract with the owner of 1
private property that authorizes the towtruck company to tow vehicles/vessels from the 2
real property owner’s property to the storage yard where the mileage restrictions have 3
been exceeded contrary to s. 715.07 (2)(a)1, F.S., as may be amended from time to time. 4
H. Real property owners or authorized representatives shall not request the recovery, tow or 5
the removal of vehicles/vessels that are reasonably identifiable from markings or 6
equipment as law enforcement, fire fighting, rescue squad, ambulance, or other 7
emergency vehicles/vessels which are marked as such. 8
I. Real property owners or authorized agents shall not request the recovery, tow or the 9
removal of vehicles/vessels parked in a designated handicapped parking space. Such 10
instances must be handled by local law enforcement. 11
J. Any person who improperly causes a vehicle/vessel to be recovered, towed, removed or 12
stored shall be liable to the vehicle owner or authorized representative for the costs of the 13
services provided, any damages resulting from the recovery, towing, removal or storage 14
and attorney's fees and court costs. 15
16
SECTION 15. Notice Requirements for Providing Non-consent Tow Services 17
at Request of Real Property Owners. 18
19
A. In addition to the requirements of Section 14 (Non-consent Towing With Prior Express 20
Instruction of Real Property Owner or Duly Authorized Agent and/or Law Enforcement 21
Agency) of this Ordinance, non-consent towtruck companies duly permitted under this 22
Ordinance may recover, tow or remove a vehicle/vessel or provide storage in connection 23
therewith upon the prior express instruction of a real property owner or authorized agent, 24
on whose property the vehicle/vessel is abandoned or parked without authorization, 25
provided that the following requirements are satisfied: 26
1. Notice shall be prominently posted on the real property from which the 27
vehicle/vessel is proposed to be removed and shall fulfill the following 28
requirements: 29
a. A light reflective sign shall be prominently placed at each driveway 30
access/entrance or curb cut allowing vehicular access to the real property, 31
within five (5) feet from the public right-of-way line. If there are no curbs 32
or access barriers, signs shall be posted not less than one (1) sign each 33
twenty-five (25) feet of lot frontage. The sign shall be permanently 34
installed not less than three (3) feet and not more than six (6) feet above 35
ground level and shall be continuously maintained on the real property for 36
not less than twenty-four (24) hours prior to the towing or removal of any 37
vehicle/vessel(s). 38
b. The light reflective sign shall clearly display in not less than 2-inch high 39
letters on a contrasting background, the words: "UNAUTHORIZED 40
VEHICLES/VESSELS WILL BE TOWED AWAY AT THE OWNER'S 41
EXPENSE." The words "TOW-AWAY ZONE" must be included on the 42
light reflective sign in not less than 4-inch high letters on a contrasting 43
background; 44
c. The light reflective sign shall clearly indicate, in not less than 2-inch high 45
Palm Beach County Towtruck Ordinance 2010-001
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letters on a contrasting background, the days of the week, and hours of the 1
day during which vehicles/vessels will be towed away at the owner's 2
expense; and the name and current telephone number of the towtruck 3
company performing the towing service. 4
2. Light reflective signs must be maintained or replaced so that they are clearly 5
visible, legible and light reflective at all times. The towing company is 6
responsible for maintaining and replacing signs. In the event the towtruck 7
company goes out of business or is no longer performing tow services for the real 8
property owner, the real property owner is responsible for removal of signs. 9
Failing to provide, maintain, replace and/or remove the signs in accordance with 10
this section is a violation of this Ordinance. 11
3. The posting of notice requirements of this section shall not be required where: 12
a. The real property on which a vehicle/vessel is parked is property 13
appurtenant to and obviously part of a single-family type residence; or 14
b. Written notice is personally given to the vehicle/vessel owner or 15
authorized driver/agent that the real property on which the vehicle/vessel 16
is or will be parked is reserved or otherwise not available for unauthorized 17
vehicles/vessels and is subject to being removed at the vehicle/vessel 18
owner's expense. 19
B. Except as otherwise provided in Section 14, D., when any real property owner instructs 20
that a vehicle/vessel to be recovered, towed, removed from his or her property and stored, 21
s/he or a designated representative shall sign the tow ticket authorizing the tow. 22
Immediately upon request, and without demanding compensation, the real property 23
owner shall inform the vehicle/vessel owner or other authorized person in control of the 24
vehicle/vessel of the name and address of the non-consent towtruck company that has 25
recovered, towed or removed the vehicle/vessel. 26
C. If the vehicle/vessel owner or authorized driver/agent arrives at the scene prior to the 27
vehicle/vessel being removed or towed from the property, the vehicle/vessel shall be 28
disconnected from the towtruck and the vehicle/vessel owner or authorized driver/agent 29
shall be allowed to remove the vehicle/vessel without interference upon the payment of a 30
reasonable service fee of not more than one-half of the posted rate for such towing 31
service (drop charge), for which a receipt shall be given, unless that person refuses to 32
remove the vehicle/vessel which is unlawfully parked. The bill/invoice must be 33
presented to the vehicle/vessel owner authorized/driver/agent prior to request for the 34
payment. Non-consent towtruck companies are not authorized to apply a fee in cases 35
where the owner of the vehicle/vessel arrives on the scene prior to a complete mechanical 36
hook-up (road-worthy) between the towtruck and the vehicle/vessel. In the event the 37
owner/driver of the vehicle/vessel is occupying the vehicle/vessel and refuses to vacate 38
same, in addition to the drop charge, the towtruck company/driver is permitted to charge 39
extra time at the scene where law enforcement involvement is necessary and the towtruck 40
driver obtains the name of the law enforcement agency, case number of the law 41
enforcement agency and if possible the name and badge number of the investigating law 42
enforcement officer. The towtruck driver shall also prepare detailed documentation/ 43
explanation as to why “extra time at scene” charges were required. All documentation 44
shall be provided to the vehicle/vessel owner or representative upon demand. Such fee 45
Palm Beach County Towtruck Ordinance 2010-001
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shall be approved by resolution of the Commission. 1
2
Section 16. Non-consent Towtruck Company Requirements. 3
A. Non-consent towtruck companies providing services pursuant to this Ordinance shall not 4
do so when there is a person occupying the vehicle/vessel. 5
B. Non-consent towtruck companies providing services pursuant to this Ordinance shall 6
transport the vehicle/vessel directly to the storage facility of the towtruck company 7
providing the service, to such other location as a law enforcement officer authorizing the 8
tow may expressly direct, or to a location expressly directed by the vehicle owner or 9
authorized driver/agent. When the vehicle owner or authorized driver/agent expressly 10
authorizes the vehicle to be towed to a location other than the towtruck company storage 11
facility, the towtruck driver must: 12
4. Provide a “not to exceed” estimate in writing of all the rates and fees that will be 13
assessed for the tow or negotiate a consent-only towing agreement; and 14
5. Disclose in writing the three methods of payment and come to a mutually agreed 15
time as to how and when the towing company will be compensated. 16
C. It is a violation of this Ordinance for a non-consent towtruck company to keep or stage 17
impounded vehicles/vessels in any temporary area or holding facility prior to the 18
transportation of the vehicle to its approved storage facility. 19
D. Non-consent towtruck companies which provide services pursuant to this Ordinance shall 20
file and keep on record with the Division a complete copy of all current rates charged for 21
the recovery, towing or removal of vehicles/vessels and storage provided in connection 22
therewith. Such persons shall also display prominently at each storage facility the 23
following information: signage which identifies the name of the towing company, a 24
schedule of all charges and rates for removal of vehicles/vessels for private property 25
impounds; a statement that these rates do not exceed those rates filed with the Division 26
and are in accordance with the provisions of this Ordinance and the rights afforded to a 27
vehicle owner or authorized driver/agent pursuant to Florida Statutes. The above 28
information shall be posted prominently in the area designated for the vehicle/vessel 29
owner or authorized driver/agent to transact business. Such area shall provide shelter, 30
safety and lighting adequate for the vehicle/vessel owner or authorized driver/agent to 31
read the posted rate schedule. Further, notice shall be posted advising the vehicle/vessel 32
owner or authorized driver/agent of the right to request and review a complete schedule 33
of charges and rates for towing services for the jurisdiction in which the law enforcement 34
order to tow was made, and that the towtruck company is permitted by the Division 35
noting the Division's telephone number, address and business hours. 36
E. Non-consent towtruck companies shall provide signage on the property clearly visible 37
from the street, (unless otherwise prohibited by local zoning laws) with at least three (3) 38
inch letters on a contrasting background with the name and phone number of the 39
towtruck company. 40
F. Non-consent towtruck companies which provide services pursuant to this 41
Ordinance shall advise any vehicle/vessel owner or authorized driver/agent who calls by 42
telephone prior to arriving at the storage facility of the following: 43
1. Each and every document or other item which must be produced to 44
retrieve the vehicle/vessel; 45
Palm Beach County Towtruck Ordinance 2010-001
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2. The exact charges as of the time of the telephone call, and the rate at 1
which charges accumulate after the call; 2
3. The acceptable methods of payment; and 3
4. The hours and days the storage facility is open for regular business. 4
G. Non-consent towtruck companies which provide services pursuant to this Ordinance shall 5
allow every vehicle/vessel owner or authorized driver/agent to inspect the interior and 6
exterior of the towed vehicle upon his or her arrival at the storage facility before payment 7
of any charges (except for “After-Hour Gate or Personal Property Retrieval Fee”). With 8
the exception of vehicles being held pursuant to the specific request or “hold order” of a 9
law enforcement agency, the vehicle/vessel owner or authorized driver/agent shall be 10
permitted to remove the vehicle license tag and any and all personal property inside but 11
not affixed to the vehicle/vessel. A vehicle/vessel owner who shows a government 12
issued photo identification shall be given access to view ownership documents stored in 13
the vehicle/vessel. The vehicle/vessel and/or personal property shall be released to the 14
vehicle/vessel owner if the ownership documents are consistent (name and address) with 15
the photo identification. When a vehicle/vessel owner’s government issued identification 16
and ownership documents are stored inside the impounded vehicle due to unforeseen 17
circumstances, the towtruck company shall be required to recover the ownership 18
documents stored in the impounded vehicle (i.e., glove compartment, sun visors, etc.) 19
upon receipt of a vehicle/vessel key, vehicle access code, or electronic device from the 20
vehicle/vessel owner that would allow entry. The vehicle/vessel and/or personal property 21
shall be released to the vehicle/vessel owner if the ownership documents are consistent 22
with the photo identification. 23
H. Non-consent towtruck companies which provide services pursuant to this Ordinance shall 24
accept payment for charges from the vehicle/vessel owner or authorized driver/agent in 25
all the following forms: 26
1. Cash, money order or valid traveler's check; and 27
2. Valid bank debit/credit card, which shall include, but not be limited to, 28
MasterCard or VISA, that is in the name of the vehicle/vessel owner or authorized 29
driver/agent; and 30
3. Valid personal check showing on its face the name and Palm Beach County 31
address of the vehicle/vessel owner or authorized driver/agent. 32
A towtruck company/driver shall not reject any of the above forms of payment. A 33
vehicle/vessel owner or authorized driver/agent shall not be required to furnish 34
more than one (1) government issued form of picture identification when payment 35
is made by valid bank debit/credit card or personal check, and said presentation 36
shall constitute sufficient identity verification. 37
I. Non-consent towtruck companies which provide services pursuant to this Ordinance shall 38
not store or impound a towed vehicle/vessel at a distance which exceeds a ten (10) mile 39
radius of the location from which the vehicle/vessel was recovered, towed or removed 40
unless no towing company providing services under this section is located within a ten 41
(10) mile radius, in which case a towed or removed vehicle/vessel must be stored at a site 42
within twenty (20) miles of the point of removal. 43
J. Non-consent towtruck companies which provide services pursuant to this Ordinance shall 44
maintain one or more storage facilities, each of which shall maintain a current Palm 45
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Beach County Business Tax Receipt and when applicable a municipal Business Tax 1
Receipt. The business shall be open for the purpose of redemption of vehicles/vessels by 2
owners or authorized drivers/agents on any day that the towtruck company is open for 3
towing purposes from at least 8:00 A.M. to 6:00 P.M., Monday through Friday and, when 4
closed, shall have posted prominently on the exterior of the storage facility and place of 5
business, if different, a notice indicating a telephone number where the towtruck 6
company can be reached at all times. Upon request of the vehicle/vessel owner or 7
authorized driver/agent, the towtruck company shall release the vehicle/vessel to the 8
vehicle/vessel owner or authorized driver/agent within one (1) hour. 9
K. Non-consent towtruck companies shall not, as a condition of release of the vehicle/vessel, 10
require a vehicle/vessel owner or authorized driver/agent to sign any release or waiver of 11
any kind which would release the towtruck company from liability for damages noted by 12
the vehicle/vessel owner or authorized driver/agent at the time of the vehicle’s/vessel’s 13
release. A detailed, signed receipt showing the legal name of the towtruck company 14
removing the vehicle/vessel shall be given to the vehicle/vessel owner or authorized 15
driver/agent at the time of payment, whether requested or not. 16
L. Nothing in this Ordinance shall prevent the Sheriff or any municipality within the county 17
from providing additional or more restrictive requirements in contracts or arrangements 18
which authorize the recovery, towing or removal of vehicles/vessels or storage provided 19
in connection therewith. 20
M. Non-consent towtruck companies which provide services pursuant to this Ordinance shall 21
release vehicles/vessels towed or removed to the vehicle/vessel owner or authorized 22
driver/agent provides Proof of Ownership documents. Proof of Ownership documents 23
shall include: 24
1. Current vehicle registration; 25
2. Vehicle Title; 26
3. An authorized driver/agent with a notarized release from the vehicle/vessel owner 27
or lien holder. Vehicle/Vessel owners have the right to identify/approve 28
designated agents to claim vehicles on their behalf. A facsimile or electronic 29
transfer of a notarized release statement from the vehicle/vessel owner shall be 30
accepted; 31
4. Insurance Card with the vehicle/vessel owner’s information and vehicle 32
description; 33
5. Licensed Dealer in possession of an auction buyer’s sales invoice; and/or 34
6. A notarized bill of sale for non-titled vehicles or vessels. 35
N. Non-consent towtruck companies which provide services pursuant to this Ordinance shall 36
make a “good faith effort” to locate the vehicle/vessel owner or lien holder. For the 37
purposes of this paragraph and subsection, a “good faith effort” means that the required 38
steps have been performed by the towtruck company according to Section (4)(d) of the 39
Florida Statutes 713.78. Failure to make a “good faith effort” to comply with the 40
notification requirements of this section shall preclude the imposition of any storage 41
charges against such vehicle or vessel. 42
O. Non-consent towtruck companies which provide services pursuant to this Ordinance and 43
found to be in violation of this Ordinance relating to a specific non-consent tow shall be 44
required to reimburse the vehicle/vessel owner all illegal or over charges related to that 45
Palm Beach County Towtruck Ordinance 2010-001
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towing incident. Failure to reimburse the owner of the vehicle/vessel in such cases is a 1
violation of this Ordinance. 2
P. Any non-consent towing company that has an unusable storage yard or has been evicted 3
from its storage yard is subject to having its operating permit suspended. 4
Q. Any towtruck driver in the process of transporting a junked vehicle (as defined in s. 5
319.30, F.S.) to a licensed salvage motor vehicle dealer and who is employed by, 6
working for or operates a nonconsent towing company, must have physical possession of 7
a derelict motor vehicle certificate, transferred title or certificate of destruction for such 8
vehicle. 9
R. It shall be a violation of this Ordinance for any non-consent towing company to fail to 10
respond in writing within ten (10) business days to any written inquiry or request for 11
information from the Division or any law enforcement agency. 12
13
Section 17. Consent-Only Towtruck Company Requirements. 14
A. It shall be a violation of this Ordinance for any towtruck company that has been issued a 15
Consent-Only Towing Operating Permit to perform non-consent towing services. 16
B. Consent-Only towtruck companies providing services pursuant to this Ordinance shall 17
not do so when there is a person occupying the vehicle/vessel. 18
C. Consent-Only towtruck companies providing services pursuant to this Ordinance shall 19
transport the vehicle/vessel directly to the location specified by the vehicle owner or duly 20
authorized agent. 21
D. It shall be a violation of this Ordinance for any consent-only towing company to fail to 22
respond in writing within ten (10) business days to any written inquiry concerning public 23
safety from the Division or any law enforcement agency. 24
25
SECTION 18. Maximum Non-Consent Towing and Storage Rates for Non-26
Consent Tow Services. 27
28
A. The Commission shall, by Resolution establish maximum rates, as may be amended from 29
time to time, for nonconsent towing services as follows: 30
1. Towing service per call, which shall include the first thirty (30) minutes that the 31
towtruck is actually on the scene engaged in the safe removal of a vehicle/vessel. 32
2. Mileage (per towed mile) according to Section 715.07, Florida Statutes. 33
3. Storage may be charged only after the vehicle has been in the storage facility for 34
at least 6 hours. If the vehicle was not recovered by the vehicle/vessel owner or 35
authorized driver/agent after the 6-hour time period has elapsed, then storage 36
charges shall accrue in 24-hour increments from the time the vehicle/vessel 37
arrived in the storage facility and: 38
a. The police agency has authorized the vehicle/vessel to be impounded, or 39
b. The appropriate police agency has been notified by the towtruck company 40
that the towtruck company is in possession of a vehicle/vessel as a result 41
of a private property impound. 42
4. Indoor storage rates may only be charged upon the express direction and written 43
authorization of the owner/authorized driver/agent, lien holder, insurance 44
company representative or investigating police agency. The only exceptions to 45
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this rule are: 1
a. When the condition of the vehicle requires indoor storage due to inclement 2
weather conditions or the vehicle’s window(s) and/or convertible top is 3
down and cannot be raised and indoor storage is necessary to protect the 4
vehicle and its contents, or 5
b. When a municipal or county jurisdiction require indoor storage for towed 6
vehicles. 7
5. An Administrative/Lien Fee shall only be charged after the vehicle/vessel has 8
been in the storage facility for at least twenty-four (24) hours and: 9
a. The police agency has authorized the vehicle/vessel to be impounded, or 10
b. The police agency has been notified by the towtruck company that the 11
towtruck company is in possession of a vehicle/vessel as a result of a 12
private property impound. 13
c. The non-consent towtruck company must show proof that lien letter(s) 14
have been prepared with the appropriate names/addresses (i.e., U.S. Mail 15
Certification Number, correspondence copies, etc.) and that actual fees for 16
obtaining required ownership information have been expended. Failure to 17
document and provide all of the above required information will result in 18
administrative/lien fee charges being removed from the total cost of the 19
service/invoice and is a violation of this Ordinance. 20
6. Underwater recovery performed by a certified/professional diver with the written 21
documentation and approval of the investigating law enforcement agency/officer. 22
7. Hazardous material clean-up and disposal as required, mandated and/or licensed 23
through federal, state or local laws and approved by the investigating law 24
enforcement agency/officer. 25
8. After-hour Gate fees may not be applied between the hours of 8 a.m. and 6 p.m. 26
Monday through Friday (excluding federal holidays) and not for six (6) hours 27
after a vehicle has been impounded all other times when: 28
a. Impounded vehicles/vessels are recovered by the owner or authorized 29
driver/agent; or 30
b. The owner or authorized driver/agent wishes to recover property from an 31
impounded vehicle/vessel. 32
9. Extra Time at Scene/Labor Charge may be applied when any extra time beyond 33
one-half hour, is needed to safely remove a vehicle or vessel and includes the 34
amount of time spent at a scene when a towtruck has been summoned and is on 35
scene but unable to proceed through no fault of the towtruck operator. All extra 36
time/labor shall be documented by the towtruck driver and shall include the name 37
of the law enforcement agency and the law enforcement agency case number or 38
the officer’s name and badge number. The documentation shall also include a 39
detailed explanation of the services rendered which necessitated the charges and 40
if possible photographs of the scene. Extra time shall be charged in 15-minute 41
increments. Failure to document and provide all of the above required 42
information will result in the extra time/labor charges being removed from the 43
total cost of the service/invoice and is a violation of this Ordinance. 44
B. All rates established shall be uniform throughout Palm Beach County both in the 45
Palm Beach County Towtruck Ordinance 2010-001
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incorporated and unincorporated areas, except where municipalities have established 1
differing maximum rates for their jurisdictions. From time to time, the rates established 2
by the Commission may be revised in accordance with a rate study. 3
C. Persons who provide services pursuant to this section shall not charge in excess of the 4
maximum allowable rates established by the Commission. No person providing services 5
pursuant to this section shall charge any type of fee other than the rates for which the 6
Commission has specifically established. Towtruck companies which tow 7
vehicles/vessels from Palm Beach County into another county shall abide by the terms of 8
this Ordinance including all rates and charges adopted by the Commission. 9
D. Towtruck companies which provide services pursuant to this section shall display on the 10
same sign as the rate schedule required by this Ordinance the following statement: 11
To The Vehicle/Vessel Owner 12
If you believe that you have been overcharged for the services rendered, you do 13
not have to pay your bill to get your vehicle/vessel. Instead, you have the right to 14
post a bond in the Circuit Court, payable to (name of Towtruck Company), in the 15
amount of the final bill for services rendered, and to file a complaint within ten 16
(10) days of the time you have knowledge of the location of the vehicle/vessel. 17
The Court will decide later who is correct. If you show (name of Towtruck 18
Company) a valid Clerk’s certificate showing you have posted a bond, (name of 19
Towtruck Company) must release your vehicle/vessel to you immediately. This 20
remedy is in addition to other legal remedies you may have. Section 713.76 and 21
Section 713.78, Florida Statutes. 22
23
If you have a complaint about the way services were provided, you may call the 24
Palm Beach County Consumer Affairs Division, (561) 712-6600. 25
26
E. Each towtruck company shall maintain, on a form approved by the Division, a rate sheet 27
specifying all rates and charges, which shall be given by the towtruck driver to the 28
requesting vehicle/vessel owner or his authorized driver/agent prior to commencing the 29
service. 30
31
Section 19. Towtruck Driver Requirements; Failure to Comply 32
A. It shall be unlawful for any person to operate any towtruck within and upon the streets of 33
Palm Beach County without having first obtained a Palm Beach County Towtruck 34
Driver’s identification badge (Tow Driver’s I.D. Badge). All applicants for a Tow 35
Driver’s I.D. Badge shall conform to the following: 36
1. Be at least eighteen (18) years of age; 37
2. Possess a valid State of Florida Driver’s License as required by the Florida 38
Department of Highway Safety and Motor Vehicles and must show proof that 39
he/she has possessed a valid driver’s license from any state within the United 40
States for three (3) years (2 years for drivers younger than 21 years old) prior to 41
applying for a Tow Driver’s I.D. Badge. If a person has not driven for three (3) 42
years in the United States, he/she must obtain the driving record from any other 43
jurisdictions where he/she did drive or if he/she is unable to obtain the driving 44
record, must sign an affidavit under penalty of perjury that he/she has no driving 45
Palm Beach County Towtruck Ordinance 2010-001
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record which would prevent him/her from driving a towtruck in Palm Beach 1
County, Florida; 2
3. The driver must provide the original form of his/her lifetime State of Florida 3
Department of Highway Safety and Motor Vehicles traffic/driving record report 4
to the Division which was secured no more than thirty (30) days before the 5
application/renewal was submitted, only if the Division is unable to secure this 6
required information. Upon initial application, if a driver has resided in Florida 7
less than five (5) consecutive years, a traffic/driving record/history from each 8
state where he/she previously resided must be provided for at least a five year 9
period; 10
4. Has not had more than three (3) or more separate incidents involving moving 11
violations in any twelve (12) month period in the previous three (3) years prior to 12
the initial application or renewal of a Tow Driver’s I.D. Badge in which the 13
applicant pled guilty, was found guilty or adjudication was withheld. 14
5. Has not been classified as a habitual traffic offender (as defined by Florida 15
Statutes) or as defined by the state where he/she previously resided within five (5) 16
years of applying for a Tow Driver’s I.D. badge and was not previously issued a 17
Tow Driver’s I.D. Badge by the Division; 18
6. Upon initial application or renewal, the driver must provide the original request 19
form for his/her Florida Department of Law Enforcement (FDLE) criminal 20
history/records report to the Division, as well as payment for the amount required 21
to secure the criminal history/records report. The Division shall then be 22
responsible for processing the request and payment to the FDLE. The Division 23
may conduct additional criminal history/records reports of other 24
states/jurisdictions as deemed appropriate. The Division may require an applicant 25
to submit to a finger print analysis if there is a question of identity. The 26
Commission may approve a different means of securing the required criminal 27
history/records should an alternative agency/system be discovered that provides 28
more complete information than that provided by the FDLE. 29
7. Have no conviction or plea of guilty or nolo contendere, regardless of 30
adjudication of guilt, within the preceding five (5) years from the date of 31
application for any offense related to driving a motor vehicle under the influence 32
or while intoxicated. 33
8. Have no more than one conviction or plea of guilty or nolo contendere, regardless 34
of adjudication of guilt, within the preceding ten (10) years from the date of 35
application for any offense related to driving a motor vehicle under the influence 36
or while intoxicated. 37
9. Have no more than two (2) traffic citations resulting from accidents in the three 38
(3) years preceding the date of the current permit year wherein the driver has been 39
found guilty. 40
10. Has not been required to register as a sexual offender in any government 41
jurisdiction. 42
11. Have no conviction or plea of guilty or nolo contendere, regardless of 43
adjudication of guilt, within the preceding three (3) years from the date of 44
conviction or release from incarceration (whichever is later) if the applicant’s 45
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civil rights have not been restored, including but not limited to the following first-1
degree misdemeanors determined by the Commission to be necessary for the 2
protection of public safety: stalking, battery, driving while license is suspended or 3
revoked, exposure of sexual organs, carrying a concealed weapon, reckless 4
driving which causes damage to property, racing on highway, criminal possession 5
of a controlled substance/paraphernalia, luring or enticing a child under twelve 6
(12), or obscenity (selling/distributing sexual material to minor). In the event the 7
applicant’s civil rights have been restored, the I.D. Badge may be denied or 8
revoked if the crime committed is deemed to be directly related to operating a 9
towtruck or towing business. 10
12. Have no conviction or plea of guilty or nolo contendere, regardless of 11
adjudication of guilt, within the preceding five (5) years from the date of 12
conviction or release from incarceration (whichever is later) if the applicant’s 13
civil rights have not been restored, including but not limited to the following 14
felonies determined by the Commission to be necessary for the protection of 15
public safety: battery, carrying a concealed weapon, robbery (not armed), 16
burglary (not 1st degree), repossession of a motor vehicle under Chapter 493, 17
repair of a motor vehicle under ss. 559.901-559.9221, F.S., theft of a motor 18
vehicle under s. 812.014, F.S., carjacking under s. 812.133, F.S., operation of a 19
chop shop under s. 812.16, F.S., overcharging for repairs and parts for insurance 20
purposes under 860.15, F.S., criminal sale of a controlled substance, criminal 21
possession of controlled substance/paraphernalia, obscenity (selling/distributing 22
sexual material to a minor or exchanging computer pornography with a minor), a 23
habitual felony offender, aggravated assault, child abuse/neglect, reckless driving 24
with serious bodily injury, fleeing/attempting to elude a law enforcement officer, 25
aggravated fleeing or eluding a law enforcement officer causing serious body 26
injury, luring or enticing a child under twelve (12) (2nd conviction), resisting an 27
officer with violence, procuring a person under eighteen (18) for prostitution, 28
selling or buying minors for sex trafficking/prostitution, 29
forcing/compelling/coercing a person for prostitution, or abuse/aggravated 30
abuse/neglect of an elderly person or a disabled adult. The Division may require 31
applicants to provide the final disposition for felony criminal cases on 32
background checks received by the Division from any source. Failure to provide 33
the disposition of such cases shall result in the denial of a Tow Driver’s I.D. 34
badge. In the event the applicant’s civil rights have been restored, the I.D. Badge 35
may be denied or revoked if the crime committed is deemed to be directly related 36
to operating a towtruck or towing business. 37
13. Have no conviction, plea of guilty, nolo contendere or adjudication withheld of 38
any of the following offenses determined by the Commission to be necessary for 39
the protection of public safety, if the applicant’s civil rights have not been 40
restored. In the event the applicant’s civil rights have been restored, the I.D. 41
Badge may be denied or revoked if any of the following crimes committed are 42
deemed to be directly related to operating a towtruck or towing business: 43
(a) Murder, attempted murder, attempted felony murder, manslaughter, (F.S. 44
Chapter 782) 45
Palm Beach County Towtruck Ordinance 2010-001
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(b) DUI manslaughter (F.S. 316.193(3)); 1
(c) Sexual battery, attempted sexual battery (F.S. 794.011); 2
(d) Lewd or lascivious battery, attempted lewd or lascivious battery, lewd or 3
lascivious molestation, lewd or lascivious conduct, or lewd or lascivious 4
exhibition (F.S. Chapter 800); 5
(e) Lewd or lascivious offense upon or in the presence of an elderly or 6
disabled person, attempted lewd or lascivious offense upon or in the 7
presence of an elderly or disabled person (F.S. 825.1025); 8
(f) Sexual performance by a child, attempted sexual performance by a child 9
(F.S. 827.071); 10
(g) Aggravated child abuse (F.S. 827.03); 11
(h) Failure to register as a sexual predator (F.S. 775) or sexual offender (F.S. 12
943.0435); 13
(i) Computer pornography, transmission of computer pornography, buying or 14
selling of minors (F.S. Chapter 847); 15
(j) Kidnapping, attempted kidnapping, false imprisonment, or luring and 16
enticing a child (F.S. Chapter 787); 17
(k) Aggravated battery, attempted aggravated battery (F.S. 784); 18
(l) Armed robbery, attempted armed robbery, carjacking, attempted 19
carjacking, home invasion, attempted home invasion (F.S. Chapter 812); 20
(m) Poisoning of food or water (F.S. 859.01); 21
(n) First degree burglary or attempted first degree burglary (F.S. 810.02); 22
(o) Arson or attempted arson (F.S. 806.01); 23
(p) Aggravated stalking (F.S. 784.048); 24
(q) Aggravated battery or aggravated assault on a law enforcement officer or 25
other specified officer (F.S. 784.07); 26
(r) Aircraft piracy (F.S. 860.16); 27
(s) Unlawful throwing, projecting, placing, or discharging of any destructive 28
device or bomb or attempting to do so (F.S. 790.161); 29
(t) Facilitating or furthering terrorism (F.S. 775.31); 30
(u) Treason (F.S. 876.32); 31
(v) Any offense committed in another jurisdiction that would be an offense 32
listed in this paragraph if that offense had been committed in the State of 33
Florida. 34
14. In addition, the person has not been declared to be one of the following: 35
(a) A Habitual Violent Felony Offender under F.S. 775.084(1)(b); 36
(b) A Three-time Violent Felony Offender under F.S. 775.084(1)(c); 37
(c) A Violent Career Criminal under F.S. 775.084; 38
(d) A Prison Releasee Reoffender under F.S. 775.082(9)(a); 39
(e) A Sexual Predator under F.S. 775.21; 40
15. A towtruck driver with a current I.D. badge is required to notify the Division 41
within ten (10) business days upon being convicted of any crime. 42
16. Applicants shall have no unsatisfied civil penalties, judgments or administrative 43
orders pertaining to this Ordinance. 44
17. Every application or renewal application for a Tow Driver’s I.D. badge and 45
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application for amendment of a Tow Driver’s I.D. badge, shall be in writing and 1
signed by the applicant and shall be filed with the Palm Beach County Division of 2
Consumer Affairs on a form provided by the Division together with the non-3
refundable Tow Driver’s I.D. badge fees which shall not be subject to proration. 4
5
Each Tow Driver’s I.D. badge shall be valid for a two-year period and shall be 6
renewed every other year on the applicant’s date of birth. The Division may deny 7
or revoke a Tow Driver’s I.D. badge if it is determined that the applicant has 8
misrepresented, omitted, or concealed a fact on the application, renewal 9
application or replacement application. If the Tow Driver’s I.D. badge is denied, 10
the DCA shall not accept an application for said Tow Driver’s I.D. badge for one 11
(1) year from the date the badge is denied, unless there is less than one (1) year to 12
satisfy the time restrictions in paragraph (1) above related to the following 13
subparagraphs: (d), (e), (g), (h), (i), (j), or (k). In such situations, the applicant 14
will be permitted to reapply for a Tow Driver’s I.D. badge after the time 15
requirements have been satisfied. If the Tow Driver’s I.D. badge is revoked, the 16
DCA shall not accept an application for said Tow Driver’s I.D. badge for one (1) 17
year from the date the badge is revoked. Any person renewing a Tow Driver’s 18
I.D. badge must file a renewal application, furnish the documentation requested 19
by the Division, and submit payment for the required non-refundable renewal 20
fee(s) not more than ninety (90) days before the expiration date of a Tow Driver’s 21
I.D. badge. Persons who fail to reapply for their Tow Driver’s I.D. badge thirty 22
(30) days prior to expiration, risk having a gap in their authorization to drive a 23
towtruck. Persons who fail to submit their renewal application, required 24
documentation and fees by the expiration date of the Tow Driver’s I.D. badge 25
must pay a non-refundable late fee, over and above the Tow Driver’s I.D. Badge 26
fee. Any applicant who fails to submit a renewal application within one (1) year 27
of the expiration of a current badge will be considered a new applicant when 28
reapplying and no grandfathered provisions will apply. Said fees shall be 29
established by resolution of the Commission; 30
18. Shall submit to photographing (full face exposure/without sunglasses or head 31
coverings) prior to the issuance of the Tow Driver’s I.D. badge by the Division; 32
19. Complete the Tow Driver’s I.D. badge registration affidavits provided by the 33
Division; 34
20. Not possess a suspended or revoked driver’s license as a result of a moving 35
violation or have any outstanding and unsatisfied civil penalties, citations or 36
judgments imposed due to violations of this Ordinance; 37
21. Not violate the terms of a cease and desist order, assurance of voluntary 38
compliance, notice to correct a violation or any other lawful order of the Director; 39
22. Not be enjoined by a court of competent jurisdiction from engaging in the towing 40
business or was enjoined by a court of competent jurisdiction with respect to any 41
of the requirements of this Ordinance; 42
23. Have no conviction or plea of guilty or nolo contendere regardless of adjudication 43
of guilt in any military or foreign jurisdiction, federal, state, county or municipal 44
jurisdiction within the United States for violations analogous or parallel to those 45
Palm Beach County Towtruck Ordinance 2010-001
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violations enumerated in all sections herein. 1
B. The driver of a tow truck shall conspicuously display on the driver’s person through the 2
use of a neck lanyard, or above the waist on the outermost garment, the Tow Driver’s 3
I.D. badge issued pursuant to this Ordinance so that it is visible and available for 4
inspection to the public, Division personnel and all law enforcement officials while 5
engaged and on duty for a towtruck company. 6
C. Each Tow Driver’s I.D. badge shall be developed by the Division. Each driver’s I.D. 7
badge shall, at a minimum, contain the name of the driver, date of expiration, photo of 8
the driver, and such additional terms, conditions, provisions and limitations as were 9
imposed during the approval process. Each company for which a driver will be driving 10
must submit an affidavit (on a form prepared by the Division) or documentation from the 11
insurance company (fax acceptable) that the driver is eligible to be insured under the 12
company’s insurance policy. 13
D. The Division may issue a replacement Tow Driver’s I.D. badge to any driver upon 14
payment of a non-refundable replacement fee, presentation of proof or a sworn affidavit 15
that the driver’s I.D. badge has been lost, stolen or for any other valid reason, and any 16
other documentation or requirement requested by the Division. The replacement fee shall 17
be established by resolution of the Board. 18
E. It shall be unlawful for any person to drive a towtruck unless such person has a valid 19
Tow Driver’s I.D. badge issued pursuant to this Section. 20
F. It shall be unlawful for any person to drive a towtruck for any towtruck company which 21
has not been granted an operating permit pursuant to Section 4 (Operating Permit 22
Required) of this Ordinance. 23
G. It shall be unlawful for any applicant for a Tow Driver’s I.D. badge to misrepresent, omit 24
or conceal a fact on the application, renewal application or replacement application. 25
H. Upon submission of the application, the Division shall provide the driver with a receipt. 26
No applicant shall be permitted to drive a towtruck in Palm Beach County until the 27
Division has issued to him/her a Tow Driver’s I.D. badge. The Division shall provide the 28
Tow Driver’s I.D. badge within ten (10) business days following the submittal of the 29
application and all required documents. In the event the official criminal background 30
records furnished to the Division are insufficient and additional information is necessary, 31
the Division shall be permitted an additional twenty (20) business days to issue the 32
driver’s I.D. badge. The Division will process applications on a more timely basis when 33
the required certified/original criminal and driving background records are submitted 34
with the initial application and an additional rush fee is paid to the Division. Such fee 35
must be approved by the Commission. 36
I. Non-consent towtruck drivers must be hygienically clean, well groomed and neat. 37
Drivers are not permitted to wear open toed shoes and must comply with all state and 38
federal (e.g., O.S.H.A.) safety regulations. Non-consent towtruck drivers are not 39
permitted to wear uniforms purporting to be from a different company or business than 40
the one they actually work or drive for. Failure to abide by these requirements is a 41
violation of this Ordinance. 42
J. Non-consent towtruck drivers shall not use abusive language or be discourteous to 43
consumers or Division personnel. 44
K. Non-consent towtruck drivers must be able speak and understand English to the extent 45
Palm Beach County Towtruck Ordinance 2010-001
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they can take instruction from law enforcement officers and consumers and complete 1
manifests or invoices. 2
L. Drivers shall cooperate fully at all times with the Division in the furnishing of 3
information required in connection with requests for proof of driver’s license, vehicle 4
insurance and/or Tow Driver’s I.D. badge, during the process of applying to renew a Tow 5
Driver’s I.D. badge, and during investigations of consumer complaints. Further, drivers 6
shall not obstruct, hamper or interfere with an investigation of violations of this 7
Ordinance conducted by Division personnel, any law enforcement officer or employee of 8
any other agency enforcing this Ordinance. 9
M. No person maintaining, owning, or operating a towing company shall suffer or permit 10
any person or employee to drive a towtruck unless such person has a valid Tow Driver’s 11
I.D. badge issued pursuant to this Ordinance. This paragraph shall not apply to a towing 12
company which is training a prospective driver. Such prospective driver must be 13
accompanied by and working under the direct supervision of a company employee who is 14
in possession of a valid Tow Driver’s I.D. badge. 15
N. Failure to comply with the provisions of this Section may result in the Division denying a 16
Tow Driver I. D. badge, revoking or suspending the Tow Driver’s I.D. badge, denying a 17
renewal of such Tow Driver’s I.D. badge, issuing a civil citation, a misdemeanor 18
conviction or other such remedies available to the Division herein. 19
O. Start-Up - Any person acting, on the effective date of this Ordinance as a towtruck driver 20
defined under the terms of this Ordinance, shall be subject to the terms of this Ordinance 21
as of the effective date of this Ordinance. Any such person must submit an initial 22
application for a Tow Driver’s I.D. badge up to thirty (30) days prior to his/her date of 23
birth but in any case no later than his/her date of birth. Any person who has submitted an 24
initial application for a Tow Driver’s I.D. Badge by his/her date of birth shall be 25
permitted to continue acting as a towtruck driver as described in Paragraph I above. 26
27
Section 20. Fraudulent Transfer of Towtruck Company. 28
A transfer of a towtruck company to a successor company shall be deemed a fraudulent transfer 29
if said transfer is made by the towtruck company for the purpose of evading permit fees or civil 30
penalties issued pursuant to this Ordinance. In determining intent to defraud, consideration may 31
be given among other factors to, whether: 32
A. The transfer was to an insider; 33
B. The towtruck company retained possession or control of the property transferred after the 34
transfer; 35
C. The transfer was disclosed or concealed; 36
D. Before the transfer was made or obligation was incurred, the towtruck company had been 37
sued or threatened with suit; 38
E. The transfer was of substantially all the towtruck company’s assets; 39
F. The value of the consideration received by the towtruck company was reasonably 40
equivalent to the value of the asset transferred or the amount of the obligation incurred; 41
G. The towtruck company was insolvent or became insolvent shortly after the transfer was 42
made or the obligation was incurred; 43
H. The transfer occurred shortly before or shortly after substantial permit fees or civil 44
penalties were incurred; and 45
Palm Beach County Towtruck Ordinance 2010-001
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I. The towtruck company transferred the essential assets of the business to a lienor who 1
transferred the assets to an insider of the towtruck company. 2
J. It shall be a violation of this Ordinance for a towtruck company to fraudulently transfer a 3
towtruck company. 4
5
Section 21. Deceptive and Unfair Trade Practices. 6
No person shall engage in any unfair method of competition, unconscionable acts or practices or 7
unfair or deceptive acts or practices in the conduct of towing services. A towtruck company 8
engages in an unfair method of competition or unfair or unconscionable acts or deceptive 9
practices when in the course of his or her business, vocation or occupation, he or she knows or in 10
the exercise of care should know, that he or she in the past engaged or is now engaging in any 11
unfair method of competition or unconscionable acts or practices or unfair or deceptive acts or 12
practices in the conduct of any towing services. 13
14
Section 22. Cease and Desist Order. 15
A. If the Division, after due investigation, has reason to believe that a towtruck company has 16
been or is violating any of the provisions of this Ordinance, then the Division may cause 17
to be served by personal service, certified mail or posting in a conspicuous place at the 18
towtruck company’s place of business, a demand to cease and desist, stating the charges 19
and shall incorporate and set out the following: 20
1. The name of the complainant; 21
2. The alleged charge and approximate date of the commission of the act; 22
3. The section of the ordinance alleged to be involved. 23
B. Any towtruck company which has been issued a cease and desist order by the Division 24
may appeal such order to the Consumer Affairs Hearing Board/Hearing Officer within 25
twenty (20) days of receipt of the order. A nonrefundable filing fee must accompany the 26
written request for appeal. The filing fee shall be established by resolution of the 27
Commission. The appeal shall be reviewed at a hearing of the Consumer Affairs Hearing 28
Board/Hearing Officer within sixty (60) days of receipt by the Division of the request for 29
appeal. 30
C. The Board shall keep a full record of the hearing, which record shall be public and open 31
to inspection by any person, and upon request, the Board shall furnish such party a copy 32
of the hearing record, at such cost as the Commission deems appropriate. 33
D. Procedure at hearings: At the hearing, the towtruck company may be represented by 34
counsel and may bring all original documents and other data pertinent to the case; and 35
will be given an opportunity to present witnesses and evidence he or she may deem 36
appropriate. 37
E. The Consumer Affairs Hearing Board/Hearing Officer shall hear the cases on the agenda. 38
All testimony shall be under oath or by affirmation and shall be recorded. Each case 39
before the Consumer Affairs Hearing Board/Hearing Officer shall be presented by the 40
Division. The Consumer Affairs Hearing Board/Hearing Officer shall take testimony 41
from County staff, if relevant, the alleged violator, and other relevant testimony. Formal 42
rules of evidence shall not apply, but fundamental due process shall be observed and 43
govern the proceedings. Upon determination of the chairperson, irrelevant, immaterial or 44
unduly repetitious evidence may be excluded, but all other evidence of a type commonly 45
Palm Beach County Towtruck Ordinance 2010-001
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relied upon by reasonably prudent persons in the conduct of their affairs shall be 1
admissible, including hearsay evidence, whether or not such evidence would be 2
admissible in a trial in the courts of Florida. Due regard shall be given to the competent, 3
reliable and technical evidence which will aid the Consumer Affairs Hearing 4
Board/Hearing Officer in making a fair determination of the matter, regardless of the 5
existence of any common law or statutory rule which might otherwise make improper the 6
admission of such evidence. 7
F. Any member of the Consumer Affairs Hearing Board/Hearing Officer or the attorney 8
representing the Division may inquire of or question any witness before the Consumer 9
Affairs Hearing Board/Hearing Officer. The alleged violator, or his/her attorney, shall be 10
permitted to inquire of any witness before the Consumer Affairs Hearing Board/Hearing 11
Officer. The right to cross examine witnesses shall be preserved. 12
G. At the conclusion of the hearing, the Consumer Affairs Hearing Board/Hearing Officer 13
shall orally render its decision (order) based on evidence entered into the record. The 14
decision shall be by motion approved by the affirmative vote of those members present 15
and voting. The Consumer Affairs Hearing Board/Hearing Officer’s decision shall be 16
transmitted to the towtruck company in the form of a written order including finding of 17
facts, and conclusion of law consistent with the record. The order shall be transmitted by 18
certified mail/hand delivery/posting to the towtruck company within ten (10) days after 19
the hearing. The order may include a notice that it must be complied with by a specified 20
date. 21
H. Any person may appeal a final determination of the Consumer Affairs Hearing 22
Board/Hearing Officer within thirty (30) days of the rendition of the decision by filing a 23
petition for writ of certiorari in the Circuit Court of the Fifteenth Judicial Circuit in and 24
for Palm Beach County, Florida. 25
26
Section 23. Assurance of Voluntary Compliance. 27
A. In the enforcement of this Ordinance, the Division may accept an assurance of voluntary 28
compliance with respect to any method, act, or practice deemed to be violative of law 29
from any person who has engaged, or was about to engage in, such method, act, or 30
practice. Any such assurance shall be a formal written agreement between the Division 31
and the towtruck company, approved as to form and legal sufficiency by the County 32
Attorney’s Office, and filed with the Clerk of the Circuit Court of the Fifteenth Judicial 33
Circuit. Such assurances of voluntary compliance may be conditioned on a commitment 34
to reimburse consumers or any other appropriate corrective action such as the payment 35
by the towtruck company of the costs of the investigation by the Division. An assurance 36
of voluntary compliance is not evidence of prior violation of this part, however, unless an 37
assurance of voluntary compliance has been rescinded by agreement of the parties or 38
voided by the Court for good cause, subsequent failure to comply with the terms of an 39
assurance of voluntary compliance shall be deemed prima facie evidence of a violation of 40
this Ordinance. No such assurance of voluntary compliance shall act as a limitation upon 41
any action or remedy available to a person aggrieved by a violation of this Ordinance. 42
B. Every towtruck company desiring to negotiate an assurance of voluntary compliance 43
shall be apprised of his or her right to have his or her case heard by the Consumer Affairs 44
Hearing Board/Hearing Officer in the event he or she does not wish to enter into such 45
Palm Beach County Towtruck Ordinance 2010-001
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assurance of voluntary compliance. 1
2
SECTION 24. Enforcement and Penalties: Civil and Criminal. 3
A. It shall be unlawful for any person to violate any of the provisions of this Ordinance. This 4
Ordinance shall be enforced by personnel authorized by the Division, county code 5
enforcement officials, the police agencies of the various municipalities in Palm Beach 6
County and by the Palm Beach County Sheriff's Office. When specifically authorized by 7
the Director, this Ordinance may be enforced by other Palm Beach County personnel. 8
B. Persons who provide services pursuant to this Ordinance shall not use physical force or 9
violence or threats of physical force or violence in dealing with the individuals 10
responsible for administering this Ordinance or individuals who have had or are about to 11
have their vehicles/vessels recovered, towed or removed or stored in connection 12
therewith. 13
C. The County Court shall have jurisdiction over all violations of this Ordinance. 14
D. The Division shall maintain a system by which violators are given citations or written 15
notice of all violations. The County Clerk shall accept designated fines and issue receipts 16
therefore. 17
E. The Division is authorized to enforce the provisions of this Ordinance by administrative 18
fines not to exceed five hundred dollars ($500.00) for each violation. Any person who 19
has violated any provision of this Ordinance shall be fined an amount as established by 20
the Commission by Resolution. Each day of a continuing violation shall be deemed a 21
separate violation. 22
F. Payment shall be made, either by mail or in person, to the Violations Bureau within the 23
time specified upon the citation. If a person follows these procedures, he shall be deemed 24
to have admitted to the infraction and to have waived his/her right to a hearing on the 25
issue of the commission of the infraction. 26
G. All fines collected as a result of said citations (except those fines collected as a result of 27
citations issued by municipal law enforcement officers, which shall be remitted by the 28
Clerk of the Court directly to the municipality issuing the citation) shall be paid into the 29
County Treasury and deposited into the designated fund for the Division. All mandatory 30
costs as required by statute shall be assessed against every person convicted of a 31
violation of this Ordinance. 32
H. Any person who fails to make payments within the time period specified on the citation 33
shall be deemed to have waived his/her right to pay the civil penalty as set forth in the 34
citation and shall appear before the County Court. 35
I. Any person who elects to appear before the court to contest the citation shall be deemed 36
to waive his/her right to pay the civil penalty. The court, after a hearing, shall make a 37
finding as to whether a violation has occurred and may impose a civil penalty not to 38
exceed five-hundred dollars ($500.00) plus court costs. 39
J. If a person fails to pay the civil penalty or fails to appear in court to contest the citation, 40
s/he shall be deemed to have waived his/her right to contest the citation and, in such case, 41
a default judgment shall be entered and the judge shall impose a fine at that time an order 42
to show cause may be issued. If the fine is paid, the case shall be dismissed. If the fine is 43
not paid, judgment may be entered up to the maximum civil penalty of five-hundred 44
dollars ($500.00) plus court costs. 45
Palm Beach County Towtruck Ordinance 2010-001
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K. Any person who refuses to sign and accept a citation issued pursuant to this Ordinance 1
shall be guilty of a misdemeanor of the second degree, punishable as provided by 2
sections 775.082, 775.083 or 775.084, Florida Statutes. 3
L. The Division may require mandatory court appearances for violations resulting in the 4
issuance of a third or subsequent citation to a person. The citation shall clearly inform 5
the person of the mandatory court appearance. The Division shall maintain records to 6
prove the number of citations issued to the person. Persons required to appear in court do 7
not have the option of paying the fine instead of appearing in court. 8
9
SECTION 25. Administrative Enforcement, Denial, Revocation and 10
Suspension of Operating Permits. 11
12
A. The Director is authorized to deny, suspend or revoke operating permits, towtruck decals, 13
upon written notice. Towtruck companies are subject to denial, suspension or revocation 14
when it appears that: 15
1. The towtruck company and/or driver has failed to comply with or has violated the 16
provisions of this Ordinance; 17
2. The towtruck company has failed to comply with or has violated the provisions of 18
Chapter 323 F.S., s. 713.78 and 715.07, F.S.; 19
3. The operating permit was obtained by an application in which any material fact 20
was omitted or falsely stated; 21
4. Any towtruck or equipment owned or operated by the towtruck company and 22
issued a decal pursuant to the Ordinance has been operating in violation of this 23
Ordinance or any provision of law. 24
5. In addition, an operating permit issued pursuant to this Ordinance may be 25
suspended or revoked when the Director receives written notification that 26
towtruck company, towtruck operator’s officer, director or partner pled nolo 27
contendere, pled guilty or has been convicted of any crime designated as a felony 28
(as referenced in Section 5.C.1.[New Applications/Renewals and Issuance of 29
Towing Operating Permit; Fees] of this Ordinance); any crime relating to motor 30
vehicles; or any crime involving the sale or possession of controlled substances as 31
defined by the Florida Rico Act, section 893.03, Florida Statutes, regardless of 32
whether adjudication has been withheld. The only exception to this rule is where 33
the civil rights of such individual has been restored. 34
6. Notwithstanding other suspension, revocation or denial procedures included in 35
this Ordinance, three (3) or more violations of this Ordinance which resulted in 36
civil fines/penalties, judgments or administrative orders entered by the Division 37
and/or a conviction or plea of guilty or nolo contendere resulting from three 38
separate incidents/complaints within a twelve (12) month period shall result in the 39
revocation, suspension or denial of an operating permit for a period of three to 40
five business days. The company is required to pay an administrative reactivation 41
fee established by resolution of the Commission before any towing services can 42
resume in Palm Beach County. Any company found operating during a period of 43
suspension, revocation or denial shall have its operating permit revoked for a 44
period of one (1) year. 45
Palm Beach County Towtruck Ordinance 2010-001
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7. Notwithstanding other suspension, revocation or denial procedures included in 1
this Ordinance, four (4) or more violations of this Ordinance which resulted in 2
civil fines/penalties, judgments or administrative orders entered by the Division 3
and/or a conviction or plea of guilty or nolo contendere resulting from four 4
separate incidents/complaints within a twelve (12) month period shall result in the 5
revocation, suspension or denial of an operating permit for a period of six to 10 6
business days. The company is required to pay an administrative reactivation fee 7
established by resolution of the Commission before any towing services can 8
resume in Palm Beach County. Any company found operating during a period of 9
suspension, revocation or denial shall have its operating period revoked for a 10
period of one (1) year. 11
8. Failed to comply with the terms of a cease and desist order, notice to correct a 12
violation, written assurance of voluntary compliance, or any other lawful order of 13
the Director, the Division, or the Consumer Affairs Hearing Board and/or Hearing 14
Officer. 15
9. Failed to obtain or maintain insurance as required by this Ordinance. 16
10. Misrepresented or concealed a fact on the application, renewal application, or 17
replacement application for a license. 18
11. Engaged in any conduct as a part of the performance of any contract for service 19
which constitutes a deceptive and unfair trade practice or fraud. 20
B. Any company which has violated this Ordinance as provided for in this section, may have 21
its operating permit suspended by action of the Division Director for a period not to 22
exceed thirty (30) days. In such cases the Director shall provide written notice to the 23
company at least ten (10) days prior to the effective date of the suspension. Any 24
company which decides to appeal the suspension by the Director, must submit the written 25
request for an appeal and applicable appeal fee to the Consumer Affairs Division within 26
that ten (10) day period. The written appeal will then effect a “stay” on the suspension 27
until the Consumer Affairs Hearing Board/Special Master makes a final determination as 28
to the merits of the suspension. The appeal hearing shall be conducted as provided for in 29
Section 27 (Hearings and Appeals). If the Hearing Board/Special Master affirms the 30
action of the Director, the suspension becomes effective the day following the decision of 31
the Hearing Board/Special Master. 32
C. Any company which has had its operating permit suspended for a specific Ordinance 33
deficiency but fails to correct that deficiency after thirty (30) days shall have such 34
operating permit revoked for a period of one (1) year from the date of the revocation 35
notice. Such revocation may be appealed as provided for in Section 27. 36
37
Section 26. Additional Penalties. 38
Failure to comply with the requirements of this Ordinance shall also constitute a violation of this 39
Ordinance, and the Consumer Affairs Ordinance of Palm Beach County (No. 77-10, as 40
amended). Violations of this Ordinance may be punishable, upon conviction, pursuant to Section 41
125.69(1), Florida Statutes, by a fine not to exceed five-hundred dollars ($500.00) per violation 42
or imprisonment not exceeding sixty (60) days, or both such fine or imprisonment, or may 43
subject the violator to civil fines based on the issuance of a civil citation. Each day of continuing 44
violation shall be considered a separate offense. In addition to the sanctions contained herein, 45
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the County shall take any other appropriate legal action, including but not limited to, cease and 1
desist orders, other administrative action and requests for temporary and permanent injunctions 2
to enforce the provisions of this Ordinance. It is the purpose of this Ordinance to provide 3
additional cumulative remedies. 4
5
SECTION 27. Hearings and Appeals. 6
7
Upon receipt of the notice of denial, revocation, or suspension of an operating permit, which 8
notice shall specify the grounds for the denial, suspension or revocation, the towtruck company 9
shall be entitled to an appeal according to the following: 10
A. Administrative Appeal: Any towtruck company, which has had an operating permit, 11
denied, revoked, or suspended by the Division, may appeal such decision to the 12
Consumer Affairs Hearing Board/Special Master within twenty (20) days of receipt of 13
the decision. A non-refundable filing fee must accompany the written request for appeal. 14
The company or attorney shall file a written notice of appeal signed by the company or 15
attorney requesting a hearing and setting forth a brief statement of the reasons thereof. 16
The filing fee shall be established by resolution of the Commission. The appeal shall be 17
reviewed at a hearing of the Consumer Affairs Hearing Board/Special Master within 18
sixty (60) days of receipt by the Division of the notice of appeal. The towtruck company 19
may be represented by an attorney and shall be entitled to present a defense. 20
B. Orders: At the conclusion of any hearing set forth in this section, the Consumer Affairs 21
Hearing Board/Special Master shall orally render its decision (order) based on evidence 22
entered into the record. The decision shall be by motion approved by the affirmative vote 23
of those members present and voting. The decision shall be stated in a written order and 24
mailed to the towtruck company not later than ten (10) days after the hearing, and shall 25
be deemed final agency action with regard to the matter appealed. 26
C. Court Appeal: Any person may appeal a final determination of the Consumer Affairs 27
Hearing Board/Special Master within thirty (30) days of the rendition of the decision by 28
filing a petition for writ of certiorari in the Circuit Court of the Fifteenth Judicial Circuit 29
in and for Palm Beach County, Florida. 30
D. For purposes of appeal, the FDLE Criminal History/Records Reports and the State of 31
Florida Department of Highway Safety and Motor Vehicles traffic/driving record report 32
shall be deemed prima facie evidence and admitted into evidence before the Consumer 33
Affairs Hearing Board/Special Master. 34
E. Upon receipt of such notice of appeal, the Division shall set a time and place for such 35
hearing and shall give the violator or attorney and the Consumer Affairs Hearing 36
Board/Special Master reasonable notice thereof. All hearings and appeals shall be 37
scheduled and determined as promptly as practicable and in no event more than sixty (60) 38
days from the date of the notice of the written notice of appeal was filed. Written notice 39
of the time, date, and place of the hearing of the appeal by the Division shall be served 40
upon the appellant no later than twenty (20) days prior to the date of the hearing. Said 41
notice of hearing, shall be by personal service, certified mail or posting in a conspicuous 42
place at the towtruck company’s place of business. Failure of the company to respond 43
within the time frames specified herein or failure to appear at a duly noticed hearing shall 44
be deemed a waiver of the right to hearing and an admission of the acts specified in the 45
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notice. 1
F. The Consumer Affairs Hearing Board/Special Master shall consider the case record as 2
well as the statement offered by any interested party and shall consider the matter de 3
novo and shall, upon the basis of the record before it, affirm, modify or reverse the 4
decision of the Director. 5
G. If the Consumer Affairs Hearing Board/Special Master affirms the decision of the 6
Director to deny, suspend or revoke an operating permit, the suspension or revocation 7
shall be effective from the date of the Consumer Affairs Hearing Board's/Hearing 8
Officer’s order. A decision to affirm the action of the Director shall constitute final 9
agency action for purposes of further appeal. 10
H. Suspension of the Operating Permit: If, at the conclusion of the hearing, the Consumer 11
Affairs Hearing Board/Special Master decides to suspend the operating permit, a time 12
certain shall be set as the period of suspension. Prior to the end of such time certain, 13
those violations for which the suspension was imposed shall be corrected; otherwise, the 14
suspended permit(s) will be automatically revoked. An Administrative Reactivation fee 15
shall be collected to reinstate the suspended permit(s). The Administrative Reactivation 16
fee shall be established by resolution of the Commission. 17
I. Revocation of Permit/I. D Badge: If, at the conclusion of the hearing, the Consumer 18
Affairs Hearing Board/Special Master decides to revoke an operating permit the 19
individual, driver or towtruck company shall remove and/or return the operating permit 20
to the Division. A towtruck company whose operating permit has been revoked shall not 21
be eligible to reapply as a new applicant for a period of six (6) months from the date of 22
revocation. 23
J. If the Consumer Affairs Hearing Board/Special Master reverses the decision of the 24
Director, it shall direct the Director to issue or restore the towtruck operating permit. 25
K. In the event a written notice of appeal and accompanying filing fees are not submitted 26
within the times frames outlined in this Ordinance, the decision of the Director shall 27
prevail. 28
L. Effect of Appeal: The appeal of the decision of the Director to suspend or revoke an 29
operating permit shall stay the effective date of the suspension or revocation. 30
31
SECTION 28. Scope of Ordinance. 32
A. The provisions of this Ordinance and the relevant Florida Statutes shall be the exclusive 33
regulations applicable to towing, recovery and removal of vehicles/vessels in Palm Beach 34
County and all storage provided therewith. This Ordinance shall be applicable in both the 35
unincorporated and incorporated areas, except that this Ordinance shall not apply in any 36
municipality that has adopted and maintains in effect Ordinances or regulations 37
governing the same matters. 38
B. This Ordinance shall not apply to the towing of a vehicle/vessel which occurs with the 39
consent of the vehicle/vessel’s owner or operator. 40
C. Nothing in this Ordinance shall be construed to prohibit the discharge or storage of a 41
vehicle or vessel lawfully recovered, towed or removed in another county and lawfully 42
transported into Palm Beach County. 43
44
45
Palm Beach County Towtruck Ordinance 2010-001
-45-
SECTION 29. Repeal of Laws in Conflict. 1
All local laws and ordinances in conflict with any provisions of this Ordinance are hereby 2
repealed as it relates to the enforcement of this Ordinance only. 3
4
SECTION 30. Savings Clause. 5
Notwithstanding Section 30, Repeal of Laws in Conflict, all administrative and court orders, 6
fines and pending enforcement issued pursuant to the authority and procedures established by 7
Ordinance 2005-009 shall remain in full force and effect. 8
9
SECTION 31. Inclusion in the Code of Laws & Ordinances. 10
The provisions of this Ordinance shall become and be made a part of the Code of Laws and 11
Ordinances of Palm Beach County, Florida. The sections of this Ordinance may be renumbered 12
or relettered to accomplish such, and the words "ordinance," "article," "section," "subsection," or 13
"paragraph" may be changed to any other appropriate word to accomplish codification. 14
15
SECTION 32. Severability. 16
If any section, paragraph, sentence, clause, phrase, or word of this Ordinance is for any reason 17
held by a court of competent jurisdiction to be unconstitutional, inoperative or void, such holding 18
shall not affect the remainder of this Ordinance. 19
20
SECTION 33. Effective Date. 21
The provisions of this Ordinance shall be effective immediately upon filing with the Department 22
of State. 23
APPROVED AND ADOPTED by the Board of County Commissioners of Palm Beach County,
on the 12th day of January, 2010.
R:\Consumer Affairs\ORDINANCES\TowOrd2010-BCCApproved1-12-10SHORT.doc
EXHIBIT B
EXHIBIT C
c
AGREEMENT BETWEEN
CITY OF PALM BEACH GARDENS
AND
FLORIDA AUTO SERVICE OF THE PALM BEACHES, INC.
d/b/a ALL FLORIDA TOWING SERVICE
THIS AGREEMENT is entered into this day of 1
201 1, effective immediately, by and between Florida Auto Service of the Palm Beaches,
Inc., d/b/a All Florida Towing Service, whose address is 1107 Old Dixie Highway, Lake
Park, Florida 33403, hereinafter referred to as "Vendor", and the City of Palm Beach
Gardens, a municipal corporation, whose address is 10500 North Military Trail, Palm
Beach Gardens, Florida 3341 0, hereinafter referred to as "City".
I WITNESSETH I
The City and Vendor, in consideration of the mutual covenants contained herein
and other good and valuable consideration, the receipt and value of which is hereby
acknowledged by both parties, hereby agree as follows:
I. The City and Vendor both hereby agree to enter into an agreement for the purpose
of providing towing and storage services, when required, of vehicles from the
streets or other public property within the City limits as requested by the City's
Police Department and other departments.
2. All the terms and conditions of this Agreement shall be the terms and conditions as
specifically set forth in Invitation to Bid #2011-005 for the City of Palm Beach
Garden's Contract for Annual Vehicle Towing Services. The General Terms and
Conditions and Technical specifications (the "ITB") is attached hereto and
incorporated herein as Exhibit "A". The Vendor's fully executed Proposal
Submission Statement and Pricing Schedules submitted to the City are attached
hereto and incorporated herein as Exhibit "B". All insurance documents required
thereby, the fully executed Notification of Public Entity Crimes Law Affidavit, and
any other materials required under the ITB documents are attached hereto and
incorporated herein as Exhibit "C". Both parties hereby agree and acknowledge
that this three- (3) page Agreement, together with all Proposal documents (Exhibits
"A", "B", and "CY), shall constitute the entire Agreement.
3. Notice as required in this Agreement shall be sufficient when sent by certified mail
or hand delivered to the parties at the following addresses:
Page 1 of 3
c&
City of Palm Beach Gardens
10500 North Military Trail
Palm Beach Gardens, Florida 33410
Attn: Ronald Ferris, City Manager
Vendor
Florida Auto Service of the Palm Beaches, Inc.
d/b/a All Florida Towing Service
1107 Old Dixie Highway
Lake Park, Florida 33403
Attn: Albert Pradetto, President
4. The Vendor shall perform all work required in accordance with the ITB
specifications.
5. The initial term of this Agreement shall be for a period of five (5) years and will
commence on the date first written hereinabove (the "effective date"). By mutual
written agreement, this Agreement may be renewed based upon the same terms
and conditions.
6. If any legal action or other proceeding is brought for the enforcement of this
Agreement, or because of an alleged dispute, breach, default, or misrepresentation
in connection with any provisions of this Agreement, the successful or prevailing
party or parties shall be entitled to recover reasonable attorneys' fees, court costs,
and all expenses, even if not taxable as court costs (including, without limitation, all
such fees, costs, and expenses incidental to appeals), incurred in that action or
proceeding, in addition to any other relief to which such party or parties may be
entitled.
7. If any term, covenant, condition, or provision of this Agreement shall be ruled by a
court of competent jurisdiction to be invalid, void, or unenforceable, the remainder
shall remain in full force and effect and shall in no way be affected, impaired, or
invalidated.
8. This Agreement shall be construed in accordance with the laws of the State of
Florida. Should any dispute arise from this Agreement, venue shall lie in Palm
Beach County, Florida. Furthermore, the parties hereby waive their respective
rights to a trial by jury.
9. This three- (3) page Agreement, along with all other documents referred to in
paragraph 2 above, constitutes the entire agreement between the parties; no
modification shall be made to this Agreement unless such modification is in writing,
agreed to by both parties, and attached hereto as an addendum to this Agreement.
Page 2 of 3
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the
date first written above.
CITY OF PALM BEACH GARDENS, FLORIDA
By:
David Levy, Mayor
ATTEST:
By:
Patricia Snider, CMC, City Clerk
APPROVED AS TO FORM
FLORIDA AUTO SERVICE OF THE PALM
BEACHES, INC, d/b/a ALL FLORIDA TOWING
SERVICE n
(CORPORATE SEAL)
By: -
PrZName: ,& &-
G:\attomey-ShareMGREEMENTStowing agreement - all Ronda towing-201 1 .dou
Page 3 of 3
. EXHIBIT A
CITY OF PALM BEACH GARDENS
INVITATION TO BID #2011-005
ANNUAL VEHICLE TOWING SERVICES
DEADLINE FOR PROPOSALS: AUGUST 15, 2011
City of Palm Beach Gardens ITB# 2011-005 Annual Vehicle Towing Services
Page 2
TABLE OF CONTENTS
PAGE
LEGAL ADVERTISEMENT 3
SECTION 1 – INTRODUCTION AND INFORMATION 4
SECTION 2 – GENERAL CONDITIONS 7
SECTION 3 – SPECIAL CONDITIONS 14
SECTION 4 – SCOPE OF SERVICES/ TECHNICAL SPECIFICATIONS 17
SECTION 5 – PRICING SCHEDULE 23
SECTION 6 – REQUIRED FORMS 24
SECTION 7 – SAMPLE AGREEMENT 31
ATTACHMENT A
PALM BEACH COUNTY TOWING ORDINANCE 2010-001
City of Palm Beach Gardens ITB# 2011-005 Annual Vehicle Towing Services
Page 3
CITY OF PALM BEACH GARDENS
10500 NORTH MILITARY TRAIL
PALM BEACH GARDENS, FLORIDA 33410-4698
LEGAL ADVERTISEMENT
AUGUST 01, 2011
INVITATION TO BID # 2011-005
ANNUAL VEHICLE TOWING SERVICES
The City of Palm Beach Gardens is seeking bids from qualified firms to provide Vehicle Towing
Services for the City’s Police Department and other departments as required, in accordance with the
terms, conditions, and specifications contained in Invitation to Bid #2011-005.
Note: This DOES NOT include the removal of abandoned, wrecked, or junked vehicles on PRIVATE
property declared to be a nuisance under City Code Section 34-181.
Invitations to Bid (ITB) documents are available beginning August 01, 2011, at 8:00 a.m. EST by going
to the City of Palm Beach Gardens website at http://www.pbgfl.com/bids under “PBG Government/
Bids” and following the link for Demand Star, or by contacting the City Clerk’s Office at (561) 799-4121.
Sealed bids must be clearly marked “ITB 2011-005 Annual Vehicle Towing Services” and delivered
to the Office of the City Clerk at 10500 North Military Trail, Palm Beach Gardens, Florida 33410.
The deadline for submission of bids is Monday, August 15, 2011 at 2:00 p.m. EST. At that time, the
bids will be publicly opened and read aloud in the City Hall Council Chambers, 10500 North Military
Trail, Palm Beach Gardens, Florida 33410. Late proposals will not be accepted and returned to the
sender unopened.
It is the responsibility of the bidder to ensure all pages are included in the submission. All bidders are
advised to closely examine the ITB package. Any questions regarding the completeness or substance
of the of the ITB package or scope of services must be submitted in writing via email or fax to Michael
Morrow, Operations Director, mmorrow@pbgfl.com, or (561) 775-8279 no later than Monday, August
08, 2011 at 5:00 p.m. EST. The City of Palm Beach Gardens is exempt from Federal and State Taxes
for tangible personal property tax.
The City of Palm Beach Gardens reserves the right to accept or reject any or all bid submittals, in whole
or in part, with or without cause, to waive any irregularities and/or technicalities, and to award the
contract on such coverage and terms it deems will best serve the interests of the City.
CITY OF PALM BEACH GARDENS
Patricia Snider, CMC, City Clerk
Publish: Palm Beach Post
Sunday, July 31, 2011
City of Palm Beach Gardens ITB# 2011-005 Annual Vehicle Towing Services
Page 4
SECTION 1
INTRODUCTION AND INFORMATION
1.1 PURPOSE AND INTENT
The City of Palm Beach Gardens (City) seeks the services of a qualified firm(s) (Bidder) to
provide towing and storage services, when required, of vehicles from the streets or other public
property within the City limits as requested by the City’s Police Department and other
departments. This DOES NOT include the removal of abandoned, wrecked, or junked vehicles
on PRIVATE property declared to be a nuisance under City Code Section 34-181.
Maximum charges for services will be set by the City of Palm Beach Gardens City Council using
Palm Beach County Towing Ordinance 2010-001 (see Attachments for County Ordinance), as
amended from time to time, as a guideline. These rates will be the only rates charged to the
vehicle owners under this agreement.
The intent of this solicitation is to establish a contract to provide prompt, reliable, and efficient
services at a uniform and reasonable cost.
The City desires to award contracts to a minimum of three (3), maximum of five (5) qualified tow
companies to provide Class A, B, and C towing services.
1.2 INTERPRETATION/ COMMUNICATION
If any potential Bidder is in doubt as to the true meaning of the technical specifications,
procedures for responding to the ITB, etc., the Bidder may submit a request for clarification to
Michael Morrow, Operations Director, at mmorrow@pbgfl.com or via fax (561) 775-8279.
Such contact shall be for clarification purposes only. Bidders discovering any ambiguity,
conflict, discrepancy, omission, or other error in this ITB, shall immediately notify the City of
such error in writing and request modification or clarification of the ITB.
If any material changes to the scope of services or bidding procedures become necessary, the
City will issue an Addendum. A copy of the Addendum will be sent to DemandStar which will
provide notification to all prospective Bidders who received an original ITB from DemandStar
(Those who are on the Plan Holders List). Addenda will be posted and disseminated by
DemandStar at least five (5) days prior to the bid opening date. Bidders registered as obtaining
printed bid documents directly from the City Clerk’s Office will be added to the Plan Holders List
on DemandStar and will receive Addenda via DemandStar.
In the event of conflict with the original bid documents, the Addendum shall govern all other bid
and contract documents to the extent specified. Subsequent Addenda shall govern over prior
Addenda only to the extent specified.
Additionally, the City prohibits communications initiated by a Bidder with any City official or
employee evaluating or considering the bids, other than requests for clarification regarding
technical specifications or bidding procedures, prior to the time an award decision has been
made, except as initiated by the appropriate City official or employee in order to obtain
information or clarification needed to develop a proper, accurate evaluation of the bid.
Communications so initiated by a Bidder may be grounds for disqualifying the offending bidder
from consideration for award of the bid and/or any future bids.
City of Palm Beach Gardens ITB# 2011-005 Annual Vehicle Towing Services
Page 5
1.3 ELIGIBILITY
To be eligible for consideration for this contract, Bidders must demonstrate that they have
successfully completed services similar to those specified in the Scope of Services section of
this ITB. The Bidder must be normally engaged in providing towing services in the State of
Florida, have prior successful experience in providing similar services during the past three (3)
years, have satisfactory financial support, required equipment, and organization sufficient to
ensure that they can satisfactorily provide contracted services.
Bidder shall not have any pending criminal charges against the firm, principal owners, partners,
corporate officers, or management employees.
Bidder must include as a part of the ITB submittal, a minimum of three (3) client references;
preferably other governmental entities, and sufficient documentation to support their
qualifications, abilities, and experience to perform the services contained in the ITB.
The City reserves the right to inspect the Bidder’s facilities, equipment, personnel, and
organization prior to award to determine the Bidder’s ability to perform.
1.4 CONTRACT TERM
The term of the contract shall be for an initial two (2) year period from the effective date of the
award. Prices shall be firm for the initial two (2) years. The contract may be renewed for three
(3) additional one (1) year terms upon the mutual written agreement of both parties.
1.5 SUBMITTION REQUIREMENTS
Bid packages must contain one (1) original, plus two (2) complete copies (total of 3), and one
(1) electronic version on CD. The original must be marked “ORIGINAL”. Each copy must be
identical to the original and the file format on the CD should be in Portable Data Format (pdf ).
The City will not accept or consider bids submitted by electronic transmission (i.e. facsimile, e-
mail or any other electronic means).
Bids should be prepared simply and economically, providing a straightforward, concise
description of the Bidder's ability to fulfill the requirements of the contract.
(See Section 2.4 for more details)
1.6 SUBMISSION DEADLINE DATE
Sealed bids will be received no later than Monday, August 15, 2011 at 2:00 p.m. EST. Bids will
not be accepted after this time.
1.7 COST(S) INCURRED TO RESPOND
All costs incurred in the preparation and submission of responses to this ITB, are the sole
responsibility of the Bidder; no such costs will be reimbursed by the City.
1.9 CONTRACT AWARD
This bid shall be awarded to the lowest responsive and responsible Bidder(s) whose bid(s) meet
all requirements as set forth in this solicitation. The lowest responsive and responsible
Bidder(s) will be determined in conjunction with the method of award which is described in the
Special Conditions.
City of Palm Beach Gardens ITB# 2011-005 Annual Vehicle Towing Services
Page 6
The City shall award a contract to a Bidder(s) through action taken by the City Council or the
City Manager.
The General Conditions, Special Conditions, Technical Specifications, and the Bidder’s bid form
are collectively an integral part of the contract between the City and the successful Bidder.
END OF SECTION 1
City of Palm Beach Gardens ITB# 2011-005 Annual Vehicle Towing Services
Page 7
SECTION 2
GENERAL CONDITIONS
2.1 BID BROADCAST
The City of Palm Beach Gardens issues Invitations to Bid electronically via DemandStar's
eProcurement bid distribution system. Obtaining Invitations to Bid through DemandStar will
ensure that the Bidder will have the following capabilities: receipt of Invitation to Bid
electronically, ability to track the status of award activity, receive addenda, receive the results of
awards, and view plans and blueprints online electronically. Bidders who obtain specifications
and plans from sources other than DemandStar are cautioned that the Invitation to Bid package
may be incomplete. The City will not accept incomplete bid packages.
DemandStar has no affiliation with the City of Palm Beach Gardens other than as a service that
facilitates communication between the City and vendors. DemandStar is an independent entity
and is not an agent or representative of the City. Communications to DemandStar does not
constitute communications to the City. Contact DemandStar at 800-711-1712 or visit
www.demandstar.com/supplier for more information.
The City is not responsible for errors and omissions occurring in the transmission or
downloading of any quote documents, plans, or specifications from this website. In the event of
any discrepancy between information on this website and the hard copy quote documents, the
terms and conditions of the hardcopy document will prevail.
2.2 DEFINITIONS
The City will use the following definitions in its general conditions, special conditions, technical
specifications, instructions, addenda, and any other document used in the bidding process:
1. Invitation to Bid (ITB) – formal request for bids from qualified Bidders
2. Request for Proposals (RFP) – formal request for proposals from qualified
Proposers
3. Bid – a price and terms quote received in response to an ITB
4. Proposal – an offer received in response to an RFP
5. Bidder – person or firm submitting a Bid
6. Proposer – person or firm submitting a Proposal
7. Responsive Bidder – a person whose bid conforms in all material respects to the
terms and conditions included in the ITB
8. Responsible Bidder – a person who has the capability in all respects to perform
in full the contract requirements, as stated in the ITB, and the integrity and
reliability that will assure good faith performance
9. Contractor – successful Bidder or Proposer who is awarded a contract to provide
goods or services to the City
10. Contract – A deliberate written agreement between two or more competent
parties to perform or not to perform a certain act or acts, including all types of
agreements, regardless of what they may be called, for the procurement or
disposal of equipment, materials, supplies, services or construction.
2.3 SPECIAL CONDITIONS
Any and all Special Conditions contained in this ITB that may vary or conflict with these General
Conditions, shall have precedence over these General Conditions.
City of Palm Beach Gardens ITB# 2011-005 Annual Vehicle Towing Services
Page 8
2.4 BID SUBMISSION
The complete bid must be submitted in a sealed envelope, box, or package, and be clearly
marked on the outside with the following:
1. Vendor’s name
2. Address
3. Telephone number
4. Fax number
5. Contact name
6. Bid Title
7. Date and Time to be opened
Bids must be submitted to:
The City of Palm Beach Gardens
Attention City Clerk’s Office
10500 N. Military Trail
Palm Beach Gardens, Florida 33410
It is the sole responsibility of the Bidder to ensure that his/her/its submission reaches the City
Clerk’s Office on or before the deadline date and time to receive consideration. Receipt by any
other City office, receptionist, or personnel other than the Clerk’s Office does not constitute
“receipt” as required by this solicitation. The City Clerk’s time stamp shall be conclusive as to
the timeliness of receipt. Invitations to Bid received after the deadline will not be accepted and
will be returned to the sender unopened.
All bids are subject to the conditions specified herein along with the special conditions, technical
specifications, pricing schedule and bid/proposal form.
2.5 BID OPENINGS
Bids shall be opened and publicly read into record in the City Hall Council Chambers at 10500
North Military Trail, Palm Beach Gardens, Florida 33410, on Monday, August 15, 2011 at 2:00
p.m. EST.
2.6 BID TABULATIONS
Bidders desiring a copy of the bid tabulation may request same by enclosing a self addressed,
stamped envelope with the bid.
2.7 PRICES QUOTED
Deduct trade discounts and quote firm net prices. Give both unit price and extended total, when
requested. Prices must be stated in units of quantity specified in the bid specifications. In case
of discrepancy in computing the amount of the bid, the unit price quoted will govern. All prices
quoted must be F.O.B. destination, freight prepaid, and installed. All discounts are to be
included in bid unit price. Each item must be bid separately. No attempt is to be made to tie
any item or items in with any other item or items. Cash or quantity discounts offered will not be
a consideration in determination of award of Bid(s). All prices quoted shall be guaranteed for
sixty (60) days from bid date unless otherwise specified in Special Conditions.
2.8 TAXES
The City of Palm Beach Gardens is exempt from Federal and State Taxes for tangible personal
property.
City of Palm Beach Gardens ITB# 2011-005 Annual Vehicle Towing Services
Page 9
2.9 MISTAKES
Bidders are cautioned to examine all terms, conditions, specifications, drawings, exhibits,
addenda, delivery instructions and special conditions pertaining to the ITB. Failure of the Bidder
to examine all pertinent documents shall not entitle him/her/it to any relief from the conditions
imposed in the contract.
2.10 PUBLIC RECORDS
Florida law provides that municipal records shall at all times be available to the public for
inspection. Chapter 119.01, Florida Statues, the Public Records Law. All material submitted in
connection with a bid response shall be deemed to be public record subject to public inspection
upon award, recommendation for award, or ten (10) days after bid opening, whichever occurs
first. However, certain exemptions to public disclosure are statutorily provided for in Section
119.07, Florida Statues If the Bidder believes any of the information contained in his/her/its bid
is considered confidential and/or proprietary, inclusive of trade secrets as defined in s. 812.081,
Florida Statues, and is exempt from the Public Records Law, then the Proposer, must in
his/her/its response, specifically identify the material which is deemed to be exempt and city the
legal authority for the exemption. All materials that qualify for exe mption from Chapter 119,
Florida Statues or other applicable law must be submitted in a separate envelope, clearly
identified as “EXEMPT FROM PUBLIC DISCLOSURE” with the firm’s name and the bid number
clearly marked on the outside. The City will not accept bids/proposals when the entire proposal
is labeled as exempt from disclosure. The City’s determination of whether an exemption applies
shall be final, and the Proposer agrees to defend, indemnify, and hold harmless the City and the
City’s officers, employees, and agents, against any loss or damages incurred by any person or
entity as a result of the City’s treatment of records as public records.
2.11 CONFLICT OF INTEREST
All Bidders must disclose with their bid the name of any officer, director, or agent who is also an
employee of the City of Palm Beach Gardens. Further, all Bidders must disclose the name of
any City employee who has any interest, financial or otherwise, direct or indirect, of five percent
(5%) or more in the Bidders’ firm or any of its branches. Failure to disclose any such affiliation
will result in disqualification of the Bidder from this bid and shall be further disqualified from
bidding on any future bids or proposals with the City.
(See Conflict of Interest Disclosure Form, Section 6)
2.12 PUBLIC ENTITY CRIMES
As provided in Section 287.133(2) (a), Florida Statutes, a person or affiliate who has been
placed on the convicted vendor list following a conviction for a public entity crime may not
submit a Bid on a contract to provide any goods or services to a public entity; may not submit a
Bid on a contract with a public entity for the construction or repair of a public building or public
work; may not submit Bids on leases of real property to a public entity; may not be awar ded or
perform work as a contractor, supplier, subcontractor, or consultant under a contract with any
public entity.
2.13 OFFICE OF INSPECTOR GENERAL (OIG)
The Bidder is aware that the Inspector General of Palm Beach County has the authority to
investigate and audit matters relating to the negotiation and performance of a contract awarded
pursuant to this ITB, and in furtherance thereof may demand and obtain records and testimony
from the successful Bidder and its subcontractors and lower-tier subcontractors. The successful
Bidder understands and agrees that in addition to all other remedies and consequences
provided by law, the failure of the successful Bidder or its subcontractors or lower-tier
subcontractors to fully cooperate with the Inspector General when requested may be deemed
City of Palm Beach Gardens ITB# 2011-005 Annual Vehicle Towing Services
Page 10
by the City of Palm Beach Gardens to be a material breach of any contract awarded pursuant to
this ITB, justifying its termination.
2.14 RESERVATION FOR REJECTIONS AND AWARD
The City of Palm Beach Gardens reserves the right to accept or reject any or all bid submittals,
in whole or in part, with or without cause, to waive any irregularities and/or technicalities, and to
award the contract on such coverage and terms it deems will best serve the interests of the City.
2.15 CONTRACT EXTENSION
The City reserves the right to extend a contract for a maximum period not to exceed ninety (90)
calendar days in order to provide City departments with continual service and supplies while a
new contract is being solicited, evaluated and/or awarded, provided this is expressly made a
part of any contract awarded in regard to this bid.
2.16 LEGAL REQUIREMENTS
Applicable provisions of all federal, state, county laws, and local ordinances, rules and
regulations, shall govern the items covered herein and shall govern any and all claims and
disputes which may arise between person(s) submitting a bid response hereto and the City.
Lack of knowledge by any Bidder will in no way be cause for relief from responsibility.
2.17 INSURANCE
Where awarded Contractors are required to go on to City property to deliver goods, materials, or
perform work or services as a result of Bid award, the awarded Contractor shall assume full
responsibility and expense to obtain all necessary insurance as required by City or specified in
Special Conditions.
The awarded Contractor shall provide to the City original certificates of coverage and receive
notification of approval of those certificates by the City’s Risk Coordinator or designee prior to
engaging in any activities under this contract. The certificates must list the City as an
ADDITIONAL INSURED and shall have no less than thirty (30) days written notice of
cancellation or material change. Further modification of the insurance requirements may be
made at the sole discretion of the City’s Risk Coordinator or designee if circumstances change
or adequate protection of the City is not presented. By submitting a bid, the Contractor agrees
to abide by such modifications.
2.18 EXECUTION OF BID
Bid forms provided by the City should be used unless otherwise specified in this document. The
bid must contain a manual signature of an authorized representative in the space provided on
the Bid Form. Failure to properly sign the bid shall invalidate same, and it shall not be
considered for award. All bids must be completed in pen or be typewritten. No erasures are
permitted. If a correction is necessary, draw a single line through the entered figure and enter
the corrected figure above it. Corrections must be initialed by the person signing the bid. Any
illegible entries, pencil bids, or corrections not initialed will not be tabulated. The original bid
conditions and specifications cannot be changed or altered in any way after submitted to the
City.
2.19 INDEMINTY/HOLD HARMLESS AGREEMENT
The successful Contractor agrees to release, indemnify, and hold harmless the City of Palm
Beach Gardens and its officers, employees and agents from and against any and all liabilities,
losses, penalties, damages, settlements, claims, costs, or charges for other expenses (including
attorneys' fees, whether at trial or appeal) which the City may suffer, sustain, incur or in any way
City of Palm Beach Gardens ITB# 2011-005 Annual Vehicle Towing Services
Page 11
be subjected to by reason of or as a result of any act, negligence or omission on the part of the
awarded Contractor, its agents or employees, in the execution or performance of the obligations
assumed under, or incidental to, the contract into which the awarded Contractor and the City will
enter, except when caused solely by the fault, failure or negligence of the City, its agents or
employees.
2.20 OTHER GOVERNMENTAL ENTITIES
If a bidder is awarded a contract as a result of this ITB, he/she/it will, if he/she/it has suff icient
capacity or quantities available, provide to other governmental agencies, so requesting, the
products or services awarded in accordance with the terms and conditions of the ITB and
resulting contract.
2.21 DEFAULT/ FAILURE TO PERFORM
The City shall be the sole judge of nonperformance, which shall include any failure on the part
of the awarded Contractor to accept the award, to furnish required documents, and/or to fulfill
any portion of this contract within the time stipulated.
Upon default by the awarded Contractor to meet any terms of the agreement, the City will notify
the contractor to remedy the default within three (3) days (weekends and holidays excluded).
Failure on the Contractor’s part to correct the default within the required three (3) days may
result in the contract being terminated. The City will notify the Contractor, in writing, of its
intention and the effective date of the termination. The following shall constitute default:
1. Failure to perform the work required under the contract and/or within the time
required or failing to use the subcontractors, entities, and personnel as identified
and set forth and to the degree specifies in the contract.
2. Failure to begin the work under this contract within the time specified.
3. Failure to perform the work with sufficient workers and equipment or with
sufficient materials to ensure timely completion.
4. Neglecting or refusing to remove materials or perform new work where prior work
has been rejected as nonconforming with the terms of the contract.
5. Becoming insolvent, being declared bankrupt, or committing act of bankruptcy or
insolvency, or making an assignment renders the successful Bidder incapable of
performing the work in accordance with and as required by the contract.
6. Failure to comply with any of the terms of the contract in any material respect.
7. Failure to comply with the terms of this bid, including, but not limited to, the
Special Conditions.
In the event of default of a contract, the Contractor shall pay all attorney’s fees and court costs
incurred in collecting any damages. The Contractor shall pay the City for any and all costs
incurred in ensuring the completion of the project.
2.22 CANCELLATION
The City reserves the right to cancel this Contract by written notice to the Contractor effective
the date specified in the notice, for the following:
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A. CANCELLATION WITH CAUSE
The Contractor is determined by the City to be in breach of any of the terms and
conditions of the contract and/or to have failed to perform his/her/its services in a
manner satisfactory to the City. In the event the Contractor is found to be in default, the
Contractor will be paid for all labor and materials provided as of the termination date
which are in conformance with this Bid. No consideration will be given for anticipated
loss of revenue or the canceled portions of the contract.
B. CANCELLATION FOR CONVENIENCE
The City has determined that such cancellation will be in the best interest of the City to
cancel the contract for its own convenience.
C. CANCELLATION FOR UNAPPROPRIATED FUNDS
Funds are not available to cover the cost of the services. The City’s obligation is
contingent upon the availability of appropriated funds.
2.23 INVOICES
All invoices for payment of services shall be original and include the company name, address,
location of work performed, purchase order number(s) and any other support documentation as
required. Invoices should be sent to: City of Palm Beach Gardens, Accounts Payable, 10500
N. Military Trail, Palm Beach Gardens, Florida 33410.
2.24 PAYMENT
Payment will be made by the City after the services awarded to a Contractor have been
received, inspected, and found to comply with award specifications, be free of damage or
defect, and properly invoiced. The City does not pay service charges or late payment fees
however; the City is subject to Florida’s Prompt Payment Act. (Section 218.70 – 218.79, Florida
Statues)
2.25 PERMITS, TAXES, LICENSES
The Contractor shall, at his/hers/its own expense, obtain all necessary permits, licenses, fees
and taxes required to comply with all local ordinances, state and federal laws, rules and
regulations applicable to business to be carried on under this contract.
2.26 ANTI-DISCRIMINATION
The City of Palm Beach Gardens complies with all laws prohibiting discrimination on the basis of
age, race, sex, religion, creed, political affiliation, sexual orientation, physical or mental
disability, color or national origin and therefore, is committed to assuring equal opportunity in the
award of contracts and encourages small local, minority, and female owned businesses to
participate.
During the performance of this contract, the awarded Contractor agrees it will not discriminate or
permit discrimination in the hiring practices of the Contractor or in the performance of the
Contractor. The Contractor will strictly adhere to the equal employment opportunity
requirements and any applicable requirements established by the State of Florida, Palm Beach
County and the federal government.
The awarded Contractor further acknowledges and agrees to provide the City with all
information and documentation that may be requested by the City from time to time regarding
the solicitation, selection, treatment and payment of subcontractors, suppliers and vendors in
connection with this Contract.
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2.27 ASSIGNMENT
The awarded Contractor shall not assign, transfer, convey, or sublet the performance required
by this bid to any person, company, or corporation without the prior written consent of the City.
2.28 GOVERNING LAW/ VENUE
The laws of the State of Florida (without giving effect to its conflicts of law principles) govern all
matters arising out of or relating to this solicitation, including, without limitation, its interpretation,
construction, performance, and enforcement. The parties hereto submit to the exclusive
jurisdiction and venue of the state and federal courts located in Palm Beach County, Florida and
furthermore; hereby waive their rights to trial by jury.
.
END OF SECTION 2
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SECTION 3
SPECIAL CONDITIONS
3.1 BASIS OF CONTRACT
The contract will be for rotational towing. An established order of awarded Contractors will be
maintained with the City of Palm Beach Gardens Police Dispatch. Dispatch will accept and
distribute all tow calls on a rotational basis. The towing contractor dispatched from the rotation
list will tow all vehicles from the scene except, when an owner requests a different towing
company or when the called towing contractor is unable to handle all vehicles. In this case, the
next towing contractor on the list will be called to tow the remainder of the vehicles. The
exception to this rotation will be during a police directed evidentiary tow. If a contracto r is at the
top of the rotation and is requested to conduct an evidentiary tow by the Police Department,
dispatch will immediately place that towing contractor at the top position again pending
affirmative response of the evidentiary tow from the towing contractor.
3.2 INSURANCE REQUIREMENTS
The awarded Contractor shall not commence operations pursuant to the terms of this bid until
certification or proof of insurance has been received and approved by the City’s Risk
Coordinator or designee.
The required insurance coverage is to be issued by an insurance company authorized and
licensed to do business in the State of Florida, with the minimum rating of B+ or better, in
accordance with the latest edition of A.M. Best’s Insurance Guide. This insurance shall be
documented in certificates of insurance which provides that the City of Palm Beach Gardens
shall be notified at least thirty (30) days in advance of cancellation, non-renewal, or adverse
change. The receipt of Certificates or other documentation of insurance or policies or copies of
policies by the City or by any of its representatives, which indicate less coverage than is
required, does not constitute a waiver of Contractor’s obligation to fulfill the insurance
requirements herein. Deductibles must be acceptable to the City of Palm Beach Gardens.
The Contractor must submit a copy of its current Certificate of Insurance. Upon award of a
contract, the Contractor will name the City of Palm Beach Gardens as an additional insured and
list as such on the insurance certificate. New certificates of insurance are to be provided to the
City at least fifteen (15) days prior to coverage renewals.
The awarded Contractor shall provide insurance coverage as follows:
A. WORKERS COMPENSATION
Contractor shall carry Workers Compensation Insurance to apply for all employees in
compliance with the “Workers Compensation Law” of the State of Florida and all
applicable Federal laws. In addition, the policy (ices) must include Employers’ Liability
Insurance with limits of not less than one hundred thousand dollars ($100,000.00) each
accident, five hundred thousand dollars ($500,000.00) each disease and one hundred
thousand dollars ($100,000.00) aggregate by disease. If the Contractor is not an
incorporated entity (i.e., sole proprietorship / partnership), or leases employees under
the alternate employee laws of the State of Florida, the City shall require a minimum
premium policy meeting the aforementioned requirements even though not required by
the Workers Compensation Laws of the State of Florida. Filed certificates of exemption
forms will not meet these requirements.
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B. COMPREHENSIVE GENERAL LIABILITY
Contractor shall carry Comprehensive General Liability Insurance with minimum limits of
one million dollars ($1,000,000.00). Such certificate shall list the City as additional
insured.
NOTE: If Comprehensive General Liability limits are less than one million dollars
($1,000,000.00), the sum of Comprehensive General Liability limits and Excess Liability
limits must equal no less than one million dollars ($1,000,000.00).
C. GARAGE KEEPERS LEGAL LIABILITY
Contractor shall carry Garage Keepers Legal Liability Insurance with limits of not less
than five hundred thousand dollars ($500,000.00) per occurrence.
D. AUTOMOBILE LIABILITY
Contractor shall carry Automobile Liability Insurance to include owned, non-owned, and
hired, with minimum limits of one million dollars ($1,000,000.00) each occurrence.
3.3 INSPECTIONS
Storage facilities shall be subject to inspection by authorized City personnel prior to the award of
any Contract. Contractor’s compound, storage facilities, stored vehicles, and all records
pertaining to the Contractor’s duties shall be subject to periodic inspections when deemed
necessary by the Police Department or other authorized City personnel during the term of the
contract. Notice of any discrepancies or deficiencies found by the City shall be submitted to the
Contractor in writing, and the Contractor shall remedy the same within ten (10) days of receipt of
such notice. Failure of the Contractor to remedy deficiencies may result in the termination of the
contract by the City.
3.4 REQUIRED LICENSING
The Contractor shall maintain at all times all the necessary State, County, and local licenses
and permits required to operate this type of business.
3.5 CONFLICT OF INTEREST
The Bidder must submit names and addresses of all persons having a financial interest in the
business, such as, but not limited to, individual owners, partners, limited partners, officers,
directors, and stockholders indebted to the towing company in excess of $2,000 at the time of
bid submittal. (See Section 2.11 for more details)
The Bidder must submit the name(s) and location(s) of all auto body, repair, and/ or paint shops
that he/she/it has interest in.
3.6 FEES
Awarded Contractors shall pay to the City the following fees:
A. CONTRACT FEE
The awarded Contractor will be assessed a contract fee of one thousand dollars
($1,000.00) yearly for the term of the contract with the City including any extensions.
The contract fee will be due 30-days following execution of the contract and approval by
City Council via Resolution. Checks should be made payable to the City of Palm Beach
Gardens and sent to the following address:
10500 N. Military Trail
Palm Beach Gardens, Florida 33410
Attention: Finance Department
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Failure to provide payment in the time prescribed herein, will forfeit any work on this
contract until remuneration is made.
B. ADMINISTRATIVE FEE
The Contractor shall owe the City of Palm Beach Gardens a ten dollar ($10.00)
administrative fee each time it tows a vehicle, and shall forward the fee to the City each
month, along with a report providing the number and description of the vehicles released
during the month. The Contractor shall be responsible for payment of all applicable
fee(s) each month regardless of whether the owner of the vehicle has not yet paid the
Contractor for services rendered.
END OF SECTION 3
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SECTION 4
SCOPE OF SERVICES AND TECHNICAL SPECIFICATIONS
4.1 SCOPE OF SERVICES
The Contractor shall furnish towing services, on a rotational basis, for the removal of vehicles
within the City of Palm Beach Gardens and provide adequate storage space for said vehicles,
when required. The Contractor shall have available at all time sufficient equipment to perform
all services required in a timely and responsible manner.
(See Section 3.1 for details on rotational towing)
4.2 CHARGES FOR TIME AT THE SCENE
Cost of time at the scene, labor or equipment needed within one (1) hour of arrival at the scene
shall be included in the basic tow rate. If such time at the scene consumes more than one (1)
hour, assessment of complication charges will be a pro-rated hourly percentage. The time
begins when the Contractor staff or equipment arrives at the scene and until the vehicle is
towed from the scene or the additional Contractor staff or equipment leaves the scene,
whichever occurs first. The complication charge shall be all inclusive and include all necessary
staff or equipment required to complete the recovery. The Contractor agrees that any extra
waiting time or complication charges shall be authorized by the officer on the scene and so
indicated in writing on the vehicle storage/ tow receipt.
4.3 EXEMPT CHARGES
The City will not be charged for the towing of any City-owned or leased vehicles or equipment
within City limits. All tow charges outside City limits shall be on a predetermined flat -rate
charge. Impounded vehicles subject to forfeiture will be stored free of charge, up to a maximum
of seven (7) impound vehicle slots per year.
4.4 RESPONSE TIME
Contractors will be expected to arrive at the site within thirty (30) minutes (for Class A and B),
and forty-five (45) minutes (for Class C) calls. If the Contractor is unable to respond in the given
time, they must notify the Police Dispatcher and the contractor’s name will be moved to the
bottom of the list.
4.5 EQUIPMENT
All equipment must be owned by the Contractor, with full control and availability. All equipment
shall be modern, commercially manufactured, and in good mechanical condition. All equipment
will be subject to inspection by the City at anytime during the term of the Contract. No vehicle of
the Contractor shall be used as an emergency vehicle.
The Contractor agrees to have no markings on vehicles, buildings, or correspondence of any
kind that indicates or tends to indicate any official relationship between the Contractor and the
City.
All of the Contractor’s towing vehicles must be equipped with 2-way radios or other approved
means of communication with a range extending to the entire Palm Beach Gardens city limits.
Radios shall not be tuned to any police frequency. Contractor shall comply with all laws, rules,
codes and regulations of any governmental agency having jurisdiction of the services being
rendered, including, but not limited to, licensing and minimum safety requirements.
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A. REQUIRED CONTRACTOR-OWNED EQUIPMENT
In order to be evaluated, Contractors must be able to provide the following minimum
amount of equipment:
1. Three (3) Class A small wreckers of 4-ton capacity; one (1) must be an all wheel
drive wrecker of 4-ton capacity; and at least one (1) must be a slide back carrier.
2. One (1) Class B medium wrecker of 16-ton capacity equipped with twin booms or
equivalent hydraulic system, air brakes, and auxiliary air supply.
3. One (1) motorcycle trailer capable of hauling at least two (2) motorcycles at the
same time.
4. One (1) 40-ton capacity wrecker with hydraulics, or equivalent wrecker, and Low-
Boy capable of towing and/or hauling any City truck or Fire Rescue unit.
5. One (1) set of heavy-duty tractor dollies.
Note: Items #4 and #5 are required to qualify for Class C towing.
4.6 CONTRACTOR’S PERSONNEL
Contractor shall have available sufficient qualified personnel for the operation of the equipment
and to man the office facilities as required performing as specified. Contractor shall maintain a
State of Florida Department of Motor Vehicles Report on each driver, to be updated annually.
Each driver shall have a current commercial driver’s license issued by the State of Florida.
Each driver should have at least one (1) year in towing and recovery work or professional
training. The Contractor shall insure that drivers and staff shall be neat, clean, uniformed,
courteous, and competent in operating skills and all procedures. All Contractor personnel
dealing with the public under this contract shall be identified by name through the use of a name
tag issued by Palm Beach County Department of Consumer Affairs for all tow truck operators in
Palm Beach County. All costs associated with receiving the name tag for tow truck operators will
be the responsibility and requirement of the successful Contractor. All drivers shall have a
detailed knowledge of the layout of the City of Palm Beach Gardens streets.
Contractor agrees that the owners of the company, or officers if a corporation, shall be held fully
responsible, except as otherwise prohibited by law, for the acts of their employees while on
duty.
4.7 STORAGE FACILITY
Towing contractors shall maintain adequate storage space within a five (5) mile radius of the
intersection of Burns Road and Military Trial, Palm Beach Gardens.
The Contractor shall maintain a storage facility/compound, garage and outside storage facilities
complying with all provisions of applicable building and zoning regulations. The facilities must
be of a sufficient size and capability to accommodate all vehicles towed by the Contractor during
the term of this agreement until such vehicle(s) are claimed by the owner or otherwise legally
disposed of.
The Contractor’s office and storage facility shall be manned on a 24-hour basis and shall be
equipped with 24-hour radio-dispatch capabilities, to assure that the Contractor’s obligations
and services are available and fulfilled. The successful Contractor shall have a dispatcher on
duty 24-hours a day, 7 days a week. Telephone answering services do not meet this
requirement and are not acceptable.
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A. INSIDE STORAGE
Each tow company shall be capable of storing up to two (2) vehicles in inside storage
meeting the following specifications:
1. A working area of at least 9’ x 20’ with at least an 8’ high ceiling
2. A paved floor (i.e. concrete or asphalt) that is free from dirt, standing water and
vegetation.
B. CRIME SCENE STORAGE
Crime scene vehicles shall be stored inside to prevent physical contamination or
degradable evidence from deteriorating. A minimum of four (4) storage spaces shall be
maintained for this purpose with at least one (1) that shall meet the following
specifications:
1. A working area of 9’ x 20’ with at least an 8’ high ceiling
2. A paved floor (i.e. concrete or asphalt) that is free from dirt, standing water and
vegetation.
3. A hydraulic rack capable of lifting vehicles completely off the floor or equivalent
facilities to permit police investigators to stand below the vehicle to make
thorough investigations
4. An electrical lighting source sufficient to permit processing of a vehicle
5. One (1) outside window or a ventilation source
Any vehicle towed or stored relative to a crime scene investigation shall be handled with
gloves (i.e. cloth, rubber, or leather) at all times by the Contractor and its employees.
C. OUTSIDE STORAGE
All outside storage facilities shall be enclosed and maintained as follows:
1. Facilities shall be enclosed with a solid wall or a substantial wire fence not less
than 6’ high.
2. Fence or wall, including all gates or doors or roofed open areas shall be
equipped with not less than 12” of barbed wire installed in such a manner as to
discourage access over the top of such fence or wall. All fences and walls shall
be maintained in a good repair throughout the term of the Contract. Damages to
the fences or walls shall be repaired within 24 hours.
3. Outside storage shall be kept free and clear of all junk such as tires and auto
parts.
4. All shrubbery, trees and lawn (fence line and grounds) shall be kept trimmed.
5. Facilities shall have adequate drainage to prevent standing water after a rain
storm.
6. Spacing shall be so that a person may reasonably walk around each vehicle in
an unobstructed manner.
In the event all Contractors storage facilities are filled to capacity, the Contractor shall not be
relieved of responsibility to perform and is required to make such arrangements for storage as
will fulfill the requirement of the City. All storage space used, which is not listed in the original
application, must meet the requirements of the Contract.
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4.8 PROTECTION OF VEHICLES AND PROPERTY
The Contractor’s liability for any towed vehicles and all personal property contained therein shall
commence with the time the wrecker comes into contact with any vehicle to be towed. The
Contractor shall be solely liable and responsible for all personal property in any towed vehicle.
The Contractor or his employee, representative, or agent shall inventory all personal property
contained in the vehicle to be towed and prepare a report which shall be signed by the preparer.
One copy shall be held by the Contractor as permanent record, one copy given to the owner or
the person in possession of the vehicle or securely attached to the vehicle, and one copy given
to the Police Department.
The Contractor shall be solely liable for damage or loss of personal property listed on the
property report form once the vehicle is towed. The Contractor is liable for all vehicle
accessories regardless of the cause of such damage or loss. Personal property situated in
vehicles stored by the Contractor shall not be disposed of to defray any charges for storage or
towing. A receipt will be issued for any returned person property. Personal property must be
returned at once to the owner or person entitled to legal possession thereof upon proper proof
of ownership or right to possession without regard to any fees owed by such person or legal
entity.
Vehicle owner or duly authorized person shall be allowed to remove personal unattached
property from a vehicle during normal business hours at no charge.
Unclaimed personal property in the vehicles stored by the Contractor shall be disposed of
pursuant to Florida Statues, Section 713.78, as it may be amended from time to time.
4.9 POSTING CHARGES
The Contractor shall prominently post in its office and storage facilities a list of charges
approved by this contract which shall be the maximum fees charged on all City vehicles and/or
City-originated requests for a wrecker, regardless of whether it was a police -initiated action or
“at the owner’s request”. The Contractor’s list of charges shall be provided to the owner or
person lawfully in possession of each vehicle towed. The charges for towing from the
Contractor’s compound to another point at the request of the vehicle owner will be at the same
rates listed herein.
4.10 PAYMENT RESPONSIBILITY
The City of Palm Beach Gardens shall not be responsible or liable for either the collection or
payment of any charges for services rendered, including towing and storage, unless such
service charge is applicable to City-owned or leased equipment or vehicles. All other services
rendered shall be charged to the owner of the towed vehicle or other lawful claimant of
possession.
4.11 CLEANUP
The Contractor called to the scene of an accident in which a tow is required, will be responsible
for removing from the street all broken glass and other non-hazardous matter that may be in the
street as a result of the accident. The Contractor is responsible for the disposal of all material
collected at the scene.
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4.12 SERVICE CALL CANCELLATION
The City shall have the right to cancel a request for the Contractor’s services until the time that
a wrecker comes in contact with a vehicle. The Contractor agrees that the mere response to a
service call scene without other action does not constitute chargeable service.
4.13 EXCLUSIONS
All vehicles and equipment with a Gross Vehicle Weight (GVW ) of 26,001 lbs. and above are
excluded from this Contract. The City reserves the right to call the company of convenience for
these vehicles and equipment. Contractors shall indicate on the proposal page the classes of
vehicles and equipment they are able to tow.
All vehicles marked “HOLD” by the Palm Beach Gardens Police Department relative to a police
investigation are excluded from this Contract. The Palm Beach Gardens Police Department
shall call the company of convenience for these vehicles.
4.14 NON-EXCLUSIVENESS OF SERVICES
Nothing contained in this contract will prevent the owner or operator of a motor vehicle from
calling a wrecker or tow truck of their own choice, or requesting that said vehicle be towed to a
garage, storage compound, or location other than that of the Contractor.
The on-scene officer has the discretion to call another towing company, in rotation, if the
Contractor cannot respond in a reasonable amount of time, and the disabled vehicle is creating
a tie up of traffic or hazardous situation.
4.15 BENEFITS FROM REPAIRS
The Contractor shall not solicit to provide automotive/ vehicle or truck repair, paint and body,
salvage, junkyard, or re-cycling business directly, or indirectly for any vehicle towed pursuant to
this agreement without prior written City approval. If the Contractor has any interest in
automotive or truck repair, paint and body, salvage, junkyard, or re-cycling business the
Contractor shall so state in his bid proposal, and list the specifics. If during the term of the
contract, including any option terms, Contractor acquires an interest in automotive or truck
repair, paint and body, salvage, junkyard or re-cycling business, the Contractor shall
immediately notify the City in writing. Failure to do so could result in termination for cause.
4.16 RELEASES
The Contractor agrees to release any vehicle not marked “HOLD” provided proper proof of
ownership or right to possession is presented to the Contractor. Any vehicle that has been
marked “HOLD” by the Police Department cannot be released without prior written approval of
the Police Department.
Vehicles that have been marked “HOLD” by the Police Department shall be stored at such
compound for a period of time necessary to properly process the vehicle and any investigation
involved. The City’s Police Department will notify the Contractor in writing if the “Holding
Period” continues beyond five (5) working days. The contractor will not release a “Held” vehicle
until released by the Police Department. The City’s Police Department or entities with the legal
right shall be permitted access to such vehicles.
4.17 IMPOUNDED VEHICLES
Should any owner or persons entitled to possession of an impounded vehicle seek to reclaim
the same from the Contractor, the Contractor shall provide an itemized statement of all charges
relating to the impounding of such vehicle.
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4.18 COMPLAINT AGAINST CONTRATOR
All complaints received by the City concerning the performance of the vehicle towing service
under the terms of this contract will be referred to the City Manager or his designee, who shall
conduct investigations and inquiries, including discussions with the Contract and staff involved.
The determinations of the City Manager or designee shall be binding upon the parties, and
failure of the Contractor to follow such determination will be considered a material breach of
terms of the contract and cause for termination.
Any incidence of price gouging will be grounds for immediate termination of the contract.
4.19 VEHICLE DISPOSAL
Unless a “HOLD” has been placed upon the vehicle, disposal of vehicles will be in accordance
with current Florida State Statues.
Should a Contractor, as a result of this agreement, have in his possession any vehicle or
personal property, and should the Contractor be ordered to relinquish such vehicle or personal
property to the City’s Police Department, the Contractor agrees to immediately do so if so.
4.20 SUBCONTRACTORS
The use of subcontractors will not be allowed by the Contractor, unless there are special
circumstances approved by the City. It is the intent of this contract to require the primary
Contractor to provide the day-to-day services required.
END OF SECTION 4
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SECTION 5
PRICING SCHEDULE
The Bidder is to complete the following by filling in his/her/its proposed rates for all items. These rates
will remain firm for the contract period of two (2) years. The City does not guarantee any specific
number to tows during the contract period indicated.
Services
Vehicles other than City
owned or leased
vehicles or equipment
City-owned or leased
vehicles or equipment
Towing: (to include removal of drive-line and unlocking services)
1. Cars and Trucks up to 10,000 GVW
(Class “A”) $______________/ each $_____________/ each
a. Mileage charge outside the City $____________/ per mile $____________/ per mile
2. Motorcycles (to include use of trailer) $______________/ each $_____________/ each
a. Mileage charge outside the City $____________/ per mile $____________/ per mile
3. Trucks between 10,000 – 25,000 GVW
(Class “B”) $______________/ each $_____________/ each
a. Mileage charge outside the City $____________/ per mile $____________/ per mile
4. Trucks over 25,000 GVW (Class “C”) $______________/ each $_____________/ each
a. Mileage charge outside the City $____________/ per mile $____________/ per mile
5. 48’ Lowboy Service $______________/ each $_____________/ each
a. Mileage charge outside the City $____________/ per mile $____________/ per mile
6. Dollies or Flatbed Additional $______________/ each $_____________/ each
a. Mileage charge outside the City $____________/ per mile $____________/ per mile
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SECTION 6
REQUIRED FORMS
6.1 FORMS
The forms listed below must be completed by an official having legal authorization to
contractually bind the company or firm. Each signature represents a binding commitment upon
the Contractor to provide the goods and/or services offered to the City if the Contractor is
determined to be the most responsive and responsible proposer.
A. Bid/ Proposal Form
B. Conflict of Interest Disclosure Form
C. Notification of Public Entity Crimes Law
D Drug-Free Work Place
E. References
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BID/ PROPOSAL STATEMENT
(This statement must be fully executed and returned with the Contractor’s bid in order to be evaluated)
To: City of Palm Beach Gardens
10500 N. Military Trail
Palm Beach Gardens, Florida 33410
The undersigned offers and agrees to furnish goods and/or services in compliance with all terms,
conditions, scope of services, specifications, and addenda defined in the Invitation to Bid #2011-005,
Annual Vehicle Towing Services.
The undersigned, by submission of this offer, hereby agrees to be obligated, if selected as the
Contractor, to provide the stated goods and/or services to the City, for the term as stated herein, and to
enter into a Contract with the City, in accordance with the General Conditions, Special Conditions, and
Technical Specifications, together with any written addendum.
The undersigned agrees to execute a Contract with the City of Palm Beach Gardens within thirty (30)
days after the date on which notice of award has been given in accordance with substantially the same
terms stated in this ITB and undersigned’s response thereto.
The undersigned hereby declares that, subject to provisions of the State Statutes and Local
Ordinances, there is no officer, director, or agent who has any interest, financial or otherwise, direct or
indirect, of five percent (5%) or more in bidder’s firm or any of its branches, who is also an employee of
the City of Palm Beach Gardens.
The undersigned, by submission of this Bid/ Proposal Form certifies that this offer is made without prior
understanding, agreement, or connection with any corporation, entity, firm, or person submitting an
offer for the same materials, services, supplies, or equipment and is in all respects fair and without
collusion or fraud.
Agreed to this day of ,
(Month) (Year)
By: /
(Signature of legal authorized representative) (Print Name)
Business Address City, State, and Zip Code
Telephone Number E-mail Address
Address to which notices may be delivered or mailed (if different than above):
Address:
City State
Zip Code
City of Palm Beach Gardens ITB# 2011-005 Annual Vehicle Towing Services
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CONFLICT OF INTEREST DISCLOSURE FORM
The award of this contract is subject to the provisions of Chapter 112, Florida Statutes. All Bidders
must disclose within their submittal: the name of any officer, director, or agent who is also an employee
of the City of Palm Beach Gardens.
Furthermore, all Bidders must disclose the name of any City employee who owns, directly, or indirectly,
an interest of more than five percent (5%) in the Bidder’s firm or any of its branches.
The purpose of this disclosure form is to give the City the information needed to identify potential
conflicts of interest for evaluation team members and other key personnel involved in the award of this
contract.
The term “conflict of interest” refers to situations in which financial or other personal considerations may
adversely affect, or have the appearance of adversely affecting, an employee’s professional judgment
in exercising any City duty or responsibility in administration, management, instruction, research, or
other professional activities.
Please check one of the following statements and attach additional documentation if necessary:
_________ To the best of our knowledge, the undersigned firm has no potential conflict of interest
due to any other Cities, Counties, contracts, or property interest for this bid.
_________ The undersigned firm, by attachment to this form, submits information which may be a
potential conflict of interest due to other Cities, Counties, contracts, or property interest
for this bid.
Acknowledged by:
____________________________________________________________________________
Firm Name
____________________________________________________________________________
Signature
____________________________________________________________________________
Name and Title (Print or Type)
____________________________________________________________________________
Date
City of Palm Beach Gardens ITB# 2011-005 Annual Vehicle Towing Services
Page 27
NOTIFICATION OF PUBLIC ENTITY CRIMES LAW
Pursuant to Section 287.133, Florida Statutes (2009), you are hereby notified that a person or affiliate
who has been placed on the convicted Contractor list following a conviction for a public entity crime
may not submit a Bid on a contract to provide any goods or services to a public entity, may not submit a
Bid on a contract with a public entity for the construction or repair of a public building or public work,
may not submit Bids on leases or real property to a public entity, may not be awarded or perform work
as a Bidder, supplier, sub-vendor, or consultant under a contract with any public entity, and may not
transact business with any public entity in excess of the threshold amount provided in Section 287.017
[F.S.] for CATEGORY Two [$25,000.00] for a period of 36 months from the date of being placed on the
convicted Bidder list.
Acknowledged by:
____________________________________________________________________________
Firm Name
____________________________________________________________________________
Signature
____________________________________________________________________________
Name and Title (Print or Type)
____________________________________________________________________________
Date
City of Palm Beach Gardens ITB# 2011-005 Annual Vehicle Towing Services
Page 28
DRUG FREE WORKPLACE
________________________________________________________is a drug free workplace and has
(Company Name)
a substance abuse policy in accordance with and pursuant to Section 440.102, Florida Statutes.
Acknowledged by:
____________________________________________________ _______________________
(Authorized Signature) (Date)
Company FEI Number: _________________________________________________________
Address:
City State
Zip Code
City of Palm Beach Gardens ITB# 2011-005 Annual Vehicle Towing Services
Page 29
REFERENCES CONTACT FORM
Include contact information for current/previous agency for which you provided similar services, as
described in this Invitation to Bid, within the last five (5) years.
First Reference:
Company Name:
Address:
Contact Name
Title
Telephone
Number ( )_____________________________________________________
E-mail Address
Contract Dates: Beginning: ___________________ Ending: _____________________
Description of
Work:
Second Reference:
Company Name:
Address:
Contact Name
Title
Telephone
Number ( )_____________________________________________________
E-mail Address
Contract Dates: Beginning: ___________________ Ending: _____________________
Description of
Work:
Third Reference:
Company Name:
Address:
Contact Name
Title
Telephone
Number ( )_____________________________________________________
E-mail Address
Contract Dates: Beginning: __________________ Ending: ______________________
Description of
Work:
City of Palm Beach Gardens ITB# 2011-005 Annual Vehicle Towing Services
Page 30
Fourth Reference:
Company Name:
Address:
Contact Name
Title
Telephone
Number ( )_____________________________________________________
E-mail Address
Contract Dates: Beginning: __________________ Ending: ______________________
Description of
Work:
Fifth Reference:
Company Name:
Address:
Contact Name
Title
Telephone
Number ( )_____________________________________________________
E-mail Address
Contract Dates: Beginning: __________________ Ending: ______________________
Description of
Work:
Emergency Contact:
Name:
Telephone
Number:
Business Hours: ( )_______________________
After Hours: ( )___________________________
E-mail:
City of Palm Beach Gardens ITB# 2011-005 Annual Vehicle Towing Services
Page 31
SECTION 7
SAMPLE AGREEMENT
Below is the standard agreement format for this ITB. This is a sample agreement only is subject to
revisions.
SAMPLE AGREEMENT BETWEEN
CITY OF PALM BEACH GARDENS
AND
[VENDOR NAME]
THIS AGREEMENT is entered into this ________ day of _________________________,
2011, effective immediately, by and between [Vendor Name], whose address is [Street Address,
City, State Zip Code], hereinafter referred to as “Vendor”, and the City of Palm Beach Gardens, a
municipal corporation, whose address is 10500 North Military Trail, Palm Beach Gardens, Florida
33410, hereinafter referred to as “City”.
WITNESSETH
The City and Vendor, in consideration of the mutual covenants contained herein and other
good and valuable consideration, the receipt and value of which is hereby acknowledged by both
parties, hereby agree as follows:
1. The City and Vendor both hereby agree to enter into an agreement for the purpose of
providing Annual Towing Services to the City of Palm Beach Gardens Police Department and
other departments on a rotational basis. This Agreement will commence on the effective date
written above.
2. All the terms and conditions of this Agreement shall be the terms and conditions as
specifically set forth in the Invitation for Bids 2011-005, for the City of Palm Beach Garden’s
Contract for Annual Towing Services. The General Conditions and Technical specifications
(the “Bid”) is attached hereto and incorporated herein as Exhibit “A”. The Vendor’s fully
executed Bid/ Proposal Submittal Form and Pricing Schedule submitted to the City and
attached hereto and incorporated herein as Exhibit “B”. All insurance documents required
thereby, the fully executed Notification of Public Entity Crimes Law Affidavit, and any other
materials required under the Bid documents, are attached hereto and incorporated herein as
Exhibit “C”. Both parties hereby agree and acknowledge that this _____ (_) page Agreement,
together with all Bid documents (Exhibits “A”, “B”, and “C”), shall constitute the entire
Agreement.
3. Notice as required in this Agreement shall be sufficient when sent by certified mail or hand
delivered to the parties at the following addresses:
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City of Palm Beach Gardens ITB# 2011-005 Annual Vehicle Towing Services
Page 32
City Vendor
City of Palm Beach Gardens [Company Name]
10500 North Military Trail [Address]
Palm Beach Gardens, Florida 33410 [City, State Zip Code]
Attn: Ronald Ferris, City Manager Attn: _______________________
4. The Vendor shall perform all work required in accordance with the Bid specifications.
5. This Agreement shall become effective on the date written above.
6. If any legal action or other proceeding is brought for the enforcement of this Agreement, or
because of an alleged dispute, breach, default, or misrepresentation in connection with any
provisions of this Agreement, the successful or prevailing party or parties shall be entitled to
recover reasonable attorneys' fees, court costs, and all expenses, even if not taxable as
court costs (including, without limitation, all such fees, costs, and expenses incidental to
appeals), incurred in that action or proceeding, in addition to any other relief to which such
party or parties may be entitled.
7. If any term, covenant, condition, or provision of this Agreement shall be ruled by a court of
competent jurisdiction to be invalid, void, or unenforceable, the remainder shall remain in
full force and effect and shall in no way be affected, impaired, or invalidated.
8. This Agreement shall be construed in accordance with the laws of the State of Florida.
Should any dispute arise from this Agreement, venue shall lie in Palm Beach County,
Florida.
9. This _____ (_) page Agreement, along with all other documents referred to in paragraph
two (2) above, constitutes the entire agreement between the parties; no modification shall
be made to this Agreement unless such modification is in writing, agreed to by both parties,
and attached hereto as an addendum to this Agreement.
(The remainder of this page intentionally left blank)
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City of Palm Beach Gardens ITB# 2011-005 Annual Vehicle Towing Services
Page 33
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date first written
above.
CITY OF PALM BEACH GARDENS, FLORIDA
By: ____________________________________
David Levy, Mayor
ATTEST:
By: ________________________________
Patricia Snider, CMC, City Clerk
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY:
By: ________________________________
R. Max Lohman, City Attorney
[VENDOR NAME]
By: ____________________________________
WITNESSES:
By: ________________________________
Print Name: ______________________
By: ________________________________
Print Name: ______________________
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ATTACHMENT A
Palm Beach County
TOWING ORDINANCE 2010-001
TABLE OF CONTENTS
Section, Title Page No.
Section 1, Title ......................................................................................................................... 4
Section 2, Definitions .............................................................................................................. 4
Section 3, Towtruck Class Specifications ................................................................................ 9
Section 4, Operating Permit Required ................................................................................... 11
Section 5, New Applications/Renewals and Issuance of Operating Permit; Fees ................. 11
Section 6, Inspection of Storage Yards and Public Offices Required ................................... 14
Section 7, Insurance Requirements ........................................................................................ 15
Section 8, Towtruck Registration; Towtruck Standards; Decals ........................................... 16
Section 9, Inspection Procedures and Requirements ............................................................. 18
Section 10, Non-Consent Manifest, Towing Invoice or Tow Sheet ...................................... 19
Section 11, Advertisements ................................................................................................... 21
Section 12, Records Required ................................................................................................ 21
Section 13, Operating Permit Required to do Business with the County .............................. 21
Section 14, Non-Consent Towing With Prior Express Instruction of Real Property Owner
or Authorized Agent and/or Law Enforcement Agency ................................. 21
Section 15, Notice Requirements for Providing Tow Services at Request of Real
Property Owners ............................................................................................ 24
Section 16, Non-consent Towtruck Company Requirements ................................................ 26
Section 17, Consent-Only Towtruck Company Requirements .............................................. 29
Section 18, Maximum Non-Consent Towing and Storage Rates for
Non-Consent Tow Services ........................................................................... 29
Section 19, Towtruck Driver Requirements; Failure to Comply ........................................... 31
Section 20, Fraudulent Transfer of Towtruck Company ....................................................... 37
Section 21, Deceptive and Unfair Trade Practices ................................................................ 38
Section 22, Cease and Desist Order ....................................................................................... 38
Section 23, Assurance of Voluntary Compliance .................................................................. 39
Section 24, Enforcement and Penalties; Civil and Criminal ................................................. 40
Section 25, Administrative Enforcement, Denial, Revocation and Suspension
of Operating Permits ...................................................................................... 41
Section 26, Additional Penalties ............................................................................................ 42
Section 27, Hearings and Appeals ......................................................................................... 43
Section 28, Scope of Ordinance ............................................................................................. 44
Section 29, Repeal of Laws in Conflict ................................................................................. 45
Section 30, Savings Clause .................................................................................................... 45
Section 31, Inclusion in the Code of Laws & Ordinance ...................................................... 45
Section 32, Severability ......................................................................................................... 45
Section 33, Effective Date ..................................................................................................... 45
Palm Beach County Towtruck Ordinance 2010-001
-2-
TOWTRUCK ORDINANCE NO. 2010-001 1
2
AN ORDINANCE OF THE BOARD OF COUNTY 3
COMMISSIONERS OF PALM BEACH COUNTY, FLORIDA, 4
AMENDING PALM BEACH COUNTY CODE CHAPTER 19, 5
ARTICLE VIII (ORDINANCE NO. 2005-009), PROVIDING FOR A 6
TITLE; PROVIDING FOR DEFINITIONS; PROVIDING FOR TOW 7
TRUCK CLASS SPECIFICATIONS; PROVIDING FOR OPERATING 8
PERMIT REQUIRED; PROVIDING FOR NEW APPLICATIONS/ 9
RENEWALS AND ISSUANCE OF AN OPERATING PERMIT AND 10
FEES; PROVIDING FOR INSPECTION OF STORAGE YARDS AND 11
PUBLIC OFFICES; PROVIDING FOR INSURANCE 12
REQUIREMENTS, PROVIDING FOR TOWTRUCK 13
REGISTRATION, STANDARDS AND DECALS; PROVIDING FOR 14
INSPECTION PROCEDURES AND REQUIREMENTS; PROVIDING 15
FOR NONCONSENT MANIFEST, TOWING INVOICE OR TOW 16
SHEET; PROVIDING FOR ADVERTISEMENTS; PROVIDING FOR 17
RECORDS REQUIREMENTS; PROVIDING FOR AN OPERATING 18
PERMIT REQUIRED TO DO BUSINESS WITH THE COUNTY; 19
PROVIDING FOR NON-CONSENT TOWING WITH PRIOR 20
EXPRESS INSTRUCTION OF REAL PROPERTY OWNER OR 21
AUTHORIZED AGENT AND/OR LAW ENFORCEMENT AGENCY; 22
PROVIDING FOR NOTICE REQUIREMENTS FOR PROVIDING 23
NON-CONSENT TOW SERVICES AT REQUEST OF REAL 24
PROPERTY OWNERS; PROVIDING FOR NONCONSENT 25
TOWTRUCK COMPANY REQUIREMENTS; PROVIDING FOR 26
CONSENT-ONLY TOWTRUCK COMPANY REQUIREMENTS; 27
PROVIDING FOR MAXIMUM NONCONSENT TOWING AND 28
STORAGES RATES FOR NON-CONSENT TOW SERVICES; 29
PROVIDING FOR TOWTRUCK DRIVER REQUIREMENTS AND 30
FAILURE TO COMPLY; PROVIDING FOR FRAUDULENT 31
TRANSFER OF TOWTRUCK COMPANIES; PROVIDING FOR 32
DECEPTIVE AND UNFAIR TRADE PRACTICES, PROVIDING FOR 33
CEASE AND DESIST ORDERS, PROVIDING FOR ASSURANCES 34
OF VOLUNTARY COMPLIANCE; PROVIDING FOR 35
ENFORCEMENT AND CIVIL/CRIMINAL PENALTIES; 36
PROVIDING FOR ADMINISTRATIVE ENFORCEMENT, DENIAL, 37
REVOCATION AND SUSPENSION OF OPERATING PERMITS; 38
PROVIDING FOR ADDITIONAL PENALTIES; PROVIDING FOR 39
HEARINGS AND APPEALS; PROVIDING FOR SCOPE; 40
PROVIDING FOR REPEAL OF LAWS IN CONFLICT; PROVIDING 41
FOR A SAVINGS CLAUSE; PROVIDING FOR INCLUSION IN THE 42
CODE OF LAWS AND ORDINANCES; PROVIDING FOR 43
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. 44
Palm Beach County Towtruck Ordinance 2010-001
-3-
1
2
WHEREAS, numerous persons and firms in Palm Beach County engage in the 3
business of recovering, towing and storing of motor vehicles and vessels; and 4
5
WHEREAS, such towing services frequently must be provided without the prior 6
consent of the vehicle/vessel owner, or under circumstances which prevent negotiating 7
the charges, terms and conditions for the towing service, often resulting in disagreements 8
and complaints between vehicle/vessel owners and providers of towing services; and 9
10
WHEREAS, the vehicles and equipment used to tow vehicles/vessels across the 11
thoroughfares of Palm Beach County and the manner in which towing is conducted are of 12
considerable significance to the health, safety and welfare of the owners of towed 13
vehicles/vessels and of the residents and visitors in Palm Beach County; and 14
15
WHEREAS, Sections 125.0103(b), 166.043(c) and 715.07(2), Florida Statutes, 16
empowers the Board of County Commissioners to enact regulations pertaining to the 17
towing industry, including the authority to regulate maximum rates when vehicles are 18
towed or removed from private property; and 19
20
WHEREAS, the Ordinance is amended to clarify the licensing and enforcement 21
procedures for towing companies and towtruck drivers; and 22
23
WHEREAS, the United States Supreme Court decision in Ours Garage vs. City of 24
Columbus, 536 U.S. 424 (2002) held that states could delegate their authority to regulate 25
non-consent towing services as it relates to price and safety; and 26
27
WHEREAS, pursuant to Section125.0103(b), Florida Statutes, counties have been 28
delegated the authority to regulate towing; and 29
30
WHEREAS, the Board of County Commissioners of Palm Beach County finds it 31
to be in the best interest of the County, its citizens and its visitors to license and regulate 32
non-consent and consent towing services and all drivers who perform towing services 33
within Palm Beach County, to assure that all who provide the services are fit and 34
competent to do so and that such services are delivered in a safe and efficient manner; 35
and 36
37
WHEREAS, the Board of County Commissioners of Palm Beach County hereby 38
amends Palm Beach County Code Chapter 19, Article VIII, (Ordinance No. 2005-009). 39
40
41
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY 42
COMMISSIONERS OF PALM BEACH COUNTY, FLORIDA, that: 43
44
45
Palm Beach County Towtruck Ordinance 2010-001
-4-
SECTION 1. Title. 1
This Ordinance shall be known and cited as the Towtruck Ordinance of Palm Beach County, 2
Florida. 3
4
SECTION 2. Definitions. 5
For the purposes of this Ordinance, the following definitions shall apply: 6
1. Administrative/Lien Fee shall mean the fee that is charged for title and lien 7
search, advertising costs, and notification of lien holder and owner of the 8
whereabouts and charges against a vehicle or vessel. 9
2. Advertisement shall mean any written statement made in connection with the 10
solicitation of a towtruck company and includes without limitation, statements 11
and representations made in a newspaper, telephone directory or other 12
publication, radio, television, electronic medium or contained in any notice, 13
handbill, business card, sign, catalog, billboard, brochure, poster or letter. 14
3. Applicant shall mean any person who applies for an operating permit or with 15
Palm Beach County. In the case of partnerships, associations, corporations and 16
other legal entities, "applicant" shall also mean any member of a partnership and 17
the corporate officers and directors. 18
4. Authorized Driver/Agent shall mean any person who is empowered to act on 19
behalf of the vehicle/vessel owner or lien holder. 20
5. Commission shall mean the Board of County Commissioners of Palm Beach 21
County, Florida. 22
6. Compensation shall mean the exchange of goods or services for money, 23
property, service or anything else of value. 24
7. Consent Tow shall mean the recovery, towing and storage of a vehicle or vessel 25
with the authorization/consent of the vehicle/vessel owner or authorized driver. 26
8. Consent Tow Company shall mean a person(s) who tows a motor vehicle/vessel 27
with the authorization/consent of the vehicle/vessel owner or authorized 28
driver/agent. 29
9. Consent-Only Towing Operating Permit shall mean the authority required by 30
the provisions of this Ordinance of any individual or towing company engaging in 31
the business of performing consent-only towing of vehicles/vessels. 32
10. Commercial Towing Company shall mean any person or business entity which 33
tows or recovers vehicles/vessels commercially which results in compensation 34
from the sale or resale of vehicles/vessels or salvaged parts. 35
11. Director shall mean the Division Director, or his or her designee. 36
12. Division shall mean the Consumer Affairs Division designated to implement, 37
enforce and monitor this Ordinance. 38
13. Duly Authorized Agent shall mean a person designated by and acting on behalf 39
of a real property owner per contractual agreement to request Private Property 40
Impounds. The duly authorized agent shall have no affiliation with the towtruck 41
company providing the towing service. The real property owner shall only 42
appoint duly authorized agents which have a direct connection to the property 43
(i.e., board member, employee of the property management company or 44
home/condo owner’s association, employee of the real property owner or state of 45
Palm Beach County Towtruck Ordinance 2010-001
-5-
Florida licensed security agency contracted by the real property owner or 1
manager). 2
14. Employee shall mean a person who is compensated financially for a period of not 3
less than twenty (20) hours per week and who performs all of his/her employment 4
functions on the property of the employer or management company and is issued 5
an annual federal tax statement of earnings (W-2Form). 6
15. Extra Time at Scene/Labor shall mean any extra time beyond one-half hour, 7
needed to safely remove a vehicle or vessel and shall also include the amount of 8
time spent at a scene when a towtruck has been summoned and is on scene but 9
unable to proceed through no fault of the towtruck operator. All extra time/labor 10
shall be documented by the towtruck driver and shall include the name of the law 11
enforcement agency and the law enforcement agency case number or the officer’s 12
name and badge number. The documentation shall also include a detailed 13
explanation of the services rendered which necessitated the charges and if 14
possible photographs of the scene. Extra time/labor shall be charged in 15-minute 15
increments. 16
16. Good Faith Effort shall mean that required steps have been performed by the 17
towtruck company according to Florida Statute 713.78, Section (4) (d) to locate 18
the vehicle/vessel owner or lien holder. 19
17. Gross weight shall mean the weight of a towtruck in pounds plus the weight of 20
the vehicle(s)/vessel(s) and contents being towed. 21
18. License shall mean the Business Operating Permit, Certificate or document which 22
allows a person to engage in Palm Beach County in the activity of recovering, 23
towing, removing, and storing of vehicles and/or vessels for compensation. As 24
used in this article, a license shall not mean a municipal or county Business Tax 25
Receipt. 26
19. Light Reflective Sign shall mean an 18 inch wide by 24 inch high sign made of 27
aluminum (at least .040 thickness) or fiber reinforced plastic (at least .090 28
thickness). The entire background surface and all lettering must at a minimum be 29
Type 1 Engineered Grade Sheeting (ASTM D4956-01) or 3M Engineer Grade 30
Prismatic Reflective Sheeting Series 3430 (or equivalent). The letters may be 31
screen printed on the Type 1 sheeting using a compatible transparent ink so that 32
the retroreflection is maintained and visible. 33
20. Mechanical Connection shall mean any type of physical connection between a 34
vehicle or vessel to be towed and the towtruck/flatbed truck/car carrier and 35
includes the use of devices for maneuvering unattended vehicles/vessels unable to 36
be safely moved by conventional winching or towing equipment. 37
21. Non-consent Tow shall mean the recovery, towing, removal and storage of a 38
vehicle or vessel without authorization of the vehicle/vessel owner or authorized 39
driver and shall include both “Police Directed Tows” and “Private Property 40
Impounds” as defined herein. 41
22. Non-Consent Towing Company shall mean person(s) who perform “Police 42
Directed Tows” or “Private Property Impounds” as defined herein. 43
23. Operate shall mean providing the services of recovering, towing, or removing 44
vehicles or vessels and any vehicle/vessel storage services associated therewith. 45
Palm Beach County Towtruck Ordinance 2010-001
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24. Operator shall mean any person who provides the services of recovering, towing, 1
or removing vehicles and any vehicle storage services associated therewith and 2
includes without distinction the owning entity of a towing firm and the driver of a 3
tow truck. 4
25. Person shall mean any natural person, firm, partnership, association, corporation 5
or other entity of any kind whatsoever. 6
26. Place of business shall mean the towtruck company that provides towing, 7
removal, recovery and storage services. 8
27. Police Directed Tow shall mean the removal and storage of a wrecked or 9
disabled vehicles at the direction of police/law enforcement from an accident 10
scene or the removal and storage of a vehicles in the event the vehicle owner or 11
authorized driver is incapacitated, unavailable, or otherwise does not consent to 12
the removal of the vehicle, excepting, however, all incidents of “Private Property 13
Impounds” as herein defined below. 14
28. Prior Express Instruction shall mean a clear, definite and explicit request: a) 15
made by a police agency to recover, tow, remove, or store a specific and 16
individual vehicle or vessel which is disabled, abandoned, or parked without 17
authorization or whose vehicle/vessel owner or authorized driver is unable or 18
unwilling to remove the vehicle; or b) made in writing by a real property owner or 19
duly authorized agent of the real property owner, as specifically referenced on the 20
written contract between the real property owner and towtruck company, to 21
recover, tow, remove and store a specific and individual vehicle or vessel parked 22
without permission of the real property owner. The towtruck company, an 23
employee or agent thereof shall not be the designated agent of the real property 24
owner for the purpose of providing prior express instruction to recover, tow, 25
remove or store the vehicle or vessel. 26
29. Private Property Impound shall mean towing or removal of a vehicle or vessel, 27
without the consent of the vehicle/vessel’s owner or authorized driver when that 28
vehicle/vessel is parked on real property, as authorized by Section 715.07, Florida 29
Statutes, as may be amended. 30
30. Proof of Ownership for Vehicle/Vessel Release shall mean that one or more of 31
the following documents are required along with a government issued photo 32
identification: 33
a. Current vehicle registration; 34
b. Vehicle Title; 35
c. An authorized driver/agent with a notarized release from the 36
vehicle/vessel owner or lien holder. Vehicle/Vessel owners have the right 37
to identify/approve designated agents to claim vehicles on their behalf. A 38
facsimile or electronic transfer of a notarized release statement from the 39
vehicle/vessel owner shall be accepted; 40
d. Insurance Card with the vehicle/vessel owner’s information, vehicle 41
description and Vehicle Identification Number; 42
e. Licensed Dealer in possession of an auction buyers sales invoice; and/or 43
f. A notarized bill of sale for non-titled vehicles or vessels. 44
If the owner of the vehicle has had his/her Florida driver’s license confiscated by 45
Palm Beach County Towtruck Ordinance 2010-001
-7-
law enforcement and has no other government issued photo identification then at 1
least one of the following forms of identification shall be accepted: an itemized 2
voucher/property receipt from an arresting law enforcement agency, a booking or 3
arrest record, or original citation from a law enforcement agency all issued within 4
seven (7) days of the date the vehicle was towed. 5
31. Real Property Owner shall mean that person who exercises dominion and 6
control over real property, including but not limited to, the legal titleholder, 7
lessee, designated representative of a condominium or homeowner's association 8
or any person authorized to exercise or share dominion and control over real 9
property; provided, however, that "real property owner" shall not mean or include 10
a person providing towing services within the purview of this Ordinance. 11
32. Recover shall mean to take possession of a vehicle or vessel and its contents and 12
to exercise control, supervision and responsibility over it. 13
33. Recovery shall mean the removal of a vehicle or vessel from an area not readily 14
accessible to a roadway (i.e., within a standard cable length). 15
34. Remove shall mean to change the location of a vehicle by towing it. 16
35. Revoke shall mean to annul and make void the operating permit of a towtruck 17
company engaged in providing towing services. 18
36. Storage shall mean to place and leave a towed vehicle or vessel at a location 19
where the person providing the towing services exercises control, supervision and 20
the responsibility over the vehicle. 21
37. Storage facility shall mean the location where towed vehicles or vessels are 22
stored. 23
38. Tow shall mean to haul, draw or pull along a vehicle or vessel by means of a 24
towtruck equipped with booms, car carriers, winches or similar commercially 25
manufactured equipment. 26
39. Towing shall mean the act of moving one vehicle or vessel from one point to 27
another (including hook-up, lift, and transport) using what is commonly referred 28
to as a tow truck or a car carrier. 29
40. Towing Operating Permit shall mean the authority required by the provisions of 30
this Ordinance of any individual or towing company engaging in the business of 31
both non-consent and consent towing of vehicles/vessels. 32
41. Towtruck shall mean any vehicle used to tow, haul, carry or to attempt to tow, 33
haul or carry a vehicle or vessel. 34
42. Towtruck Company shall mean any person, company, corporation, or other 35
entity, which engages in, owns or operates a business which provides towing, 36
recovery, removal and storage of vehicles or vessels for compensation. 37
43. Towtruck Decal shall mean a decal placed upon any towtruck granted approval 38
to provide non-consent towing services by the Division. 39
44. Towtruck Driver shall mean the individual who is driving or physically 40
operating a towtruck for a towtruck company engaged in non-consent tows. 41
45. Unfair or deceptive trade acts or practices shall mean unfair methods of 42
competition, unconscionable acts or practices and unfair deceptive acts or 43
practices in the conduct of any consumer transaction and shall include but are not 44
limited to the following: 45
Palm Beach County Towtruck Ordinance 2010-001
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a. Representations that goods or services have sponsorship, approval, 1
characteristics, ingredients, uses, benefits, or quantities which they do not 2
have; 3
b. Representations that a person or towtruck company has a sponsorship, 4
approval, status, affiliation or connection which he or she does not have; 5
c. Representations that goods are original or new if in fact they are not, or if 6
they are deteriorated, altered, reconditioned, reclaimed, or second-hand; 7
d. Representations that goods are of a particular standard, brand, quality, 8
style, or model, if they are of another; 9
e. Representations that goods or services are those of another, if they are not; 10
f. Using deceptive representations or designations of geographic origin in 11
connection with goods or services; 12
g. Advertising goods or services intending not to sell them as advertised; 13
h. Advertising goods or services with intent not to supply reasonable 14
expectable public demand, unless the advertisement discloses a limitation 15
of quantity; 16
i. Making false or misleading statements concerning the need for, or 17
necessity of, any goods, services, replacements, or repairs; 18
j. Disparaging the goods, services, or business of another by false or 19
misleading representations of fact; 20
k. Making false or misleading statements of fact concerning the reasons for 21
the existence of, or amounts of price reductions; 22
l. Failing to return or refund deposits or advance payments for goods not 23
delivered or services not rendered, when no default or further obligation of 24
persons making such deposits or advance payments exists; 25
m. Taking consideration for goods or services intending not to deliver such 26
goods or perform such services, or intending to deliver goods or provide 27
service materially different from those contracted for, ordered or sold; 28
n. Offering gifts, prizes, free items, or other gratuities, intending not to 29
provide them as offered in connection with a sale of goods or services to a 30
consumer; 31
o. Making false or misleading statements concerning the existence, terms, or 32
probability of any rebate, additional goods or services, commission, or 33
discount offered as an inducement for the sale of goods or services; 34
p. Using physical force, threat of physical force, or coercion in dealing with 35
consumers; 36
q. Any violation of the Florida Deceptive and Unfair Trade Practices Act, 37
Section 501.201 et seq., Florida Statutes. 38
46. Vehicle shall mean an automobile, truck, bus, trailer, motorcycle, moped, 39
motorized scooters, recreational unit primarily designed as temporary living 40
quarters which either has its own motive power or is drawn by another vehicle, or 41
any other mobile item using wheels and being operated on the roads of Palm 42
Beach County, which is used to transport persons or property and is propelled by 43
power other than muscular power; provided, however, that the term does not 44
include bicycles, traction engines, road rollers, commercial heavy equipment or 45
Palm Beach County Towtruck Ordinance 2010-001
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vehicles which run only upon a track. 1
47. Vessel shall mean every description of watercraft, barge and air boat used or 2
capable of being used as a means of transportation on water, other than a seaplane 3
or a “documented vessel” as defined in s.327.02, Florida Statutes. 4
48. Vehicle or Vessel Owner shall mean a person with the “Proof of Ownership” 5
described in this Ordinance. 6
7
SECTION 3. Towtruck Class Specifications. 8
All towing vehicles must meet the following requirements and be commercially manufactured 9
and meet all federal transportation and towtruck requirements. 10
A. Class A Ratings 11
Towtruck 12
1. Minimum gross weight ................................................... 14,500 lbs. 13
2. Minimum boom capacity ................................................ 16,000 lbs. 14
3. Minimum winching capacity ............................................. 8,000 lbs 15
4. Minimum cable size and length ........................................ 3/8"X100' 16
5. Minimum wheel lift retracted rating ................................. 5,000 lbs. 17
6. Minimum wheel lift extended rating ................................ 4,000 lbs. 18
7. Minimum tow sling safe lift .............................................. 3,500 lbs. 19
8. Minimum safety chains (2 each) ................................5/16" grade 70 20
9. Minimum cab to axle dimension .................................................. 60" 21
22
Car Carrier 23
1. Minimum gross weight ................................................... 15,000 lbs. 24
2. Minimum deck capacity .................................................. 10,000 lbs. 25
3. Minimum length ........................................................................... 19’ 26
4. Minimum winching capacity ............................................ 8,000 lbs. 27
5. Minimum cable size and length .......................................... 3/8"X50' 28
6. Minimum tie down chains (4 each) ..........................5/16" grade 80 29
7. Tie down straps (optional) (4 each) ............... 2,000 lbs. each wheel 30
8. Minimum cab to axle dimension ................................................ 120" 31
32
Light Duty – Non-Police Towing 33
1. Minimum gross weight… ................................................ 9,500 lbs. 34
2. Minimum weight of towtruck ........................................... 4,000 lbs. 35
3. Minimum wheel lift extended rating ................................. 2,500 lbs 36
4. Minimum cab to axle dimension ................................................. 60” 37
38
B. Class B Ratings (Medium Duty) 39
40
Towtruck 41
1. Minimum gross weight ................................................... 19,000 lbs. 42
2. Minimum boom capacity ................................................ 24,000 lbs. 43
3. Minimum winching capacity ......................................... dual 12,000 44
4. Minimum cable size and length .................................... 7/16” x 150’ 45
Palm Beach County Towtruck Ordinance 2010-001
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5. Minimum wheel lift retracted rating ............................... 10,500 lbs. 1
6. Minimum wheel lift extended rating ................................ 6,500 lbs. 2
7. Minimum tow sling safe lift .............................................. 3,500 lbs. 3
8. Minimum safety chains (2 each) ..................................3/8" grade 80 4
9. Minimum cab to axle dimension ................................................. 96” 5
10. Required State DOT Registration 6
7
Car Carrier 8
1. Minimum gross weight ................................................... 22,500 lbs. 9
2. Minimum deck capacity .................................................. 10,000 lbs. 10
3. Minimum wheel lift capacity for 2nd vehicle ................... 4,000 lbs. 11
4. Minimum length ........................................................................... 19' 12
5. Minimum winching capacity ............................................ 8,000 lbs. 13
6. Minimum cable size and length .......................................... 3/8"X50' 14
7. Minimum tie down chains (4 each) ...........................5/16" grade 80 15
8. Tie down straps (optional) (4 each) .............. 2,000 lbs. Each wheel 16
9. Minimum cab to axle dimension ................................................ 120" 17
10. Required State DOT Registration 18
19
C. Class C Towtruck - Ratings (Heavy Duty) 20
1. Minimum gross weight ................................................... 33,000 lbs. 21
Air brakes, all tires H rated, capacity must 22
equal axle rating. Device required to control 23
disabled vehicle’s brakes. 24
2. Minimum boom capacity ................................................ 50,000 lbs. 25
3. Minimum winching capacity .......................................... 50,000 lbs. 26
4. Minimum cable size and length ........................................ 5/8"X150' 27
5. Minimum wheel lift retracted rating ............................... 40,000 lbs. 28
6. Minimum wheel lift extended rating .............................. 12,000 lbs. 29
7. Minimum tow Bar. .......................................................... 10,000 lbs. 30
8. Minimum safety chains (2 each) ..................................1/2" grade 80 31
9. Minimum cab to axle dimension ................................................ 156" 32
10. Required State DOT Registration 33
34
D. Class D. Towtruck - Ratings (Ultra Heavy Duty) 35
1. Minimum gross weight ................................................... 58,000 lbs. 36
Air brakes, all tires H rated, capacity must 37
equal axle rating. Device required to control 38
disabled vehicle’s brakes. Tandem axles required. 39
2. Minimum boom capacity. ............................................. 100,000 lbs. 40
3. Minimum winching capacity. ....................................... 100,000 lbs. 41
4. Minimum cable size and length ........................................ 3/4"X250' 42
5. Minimum wheel lift retracted rating ............................... 40,000 lbs. 43
6. Minimum wheel lift extended rating ..................................... 15,000 44
7. Minimum heavy-duty towbar rating ............................... 10,000 lbs. 45
Palm Beach County Towtruck Ordinance 2010-001
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8. Minimum safety chains (2 each) .................................1/2" grade 80 1
9. Minimum cab to axle dimension .................................................. 18’ 2
10. Required State DOT Registration 3
4
SECTION 4. Operating Permit Required. 5
A. Towing: It shall be unlawful for any person to recover, tow, remove or store a 6
vehicle/vessel for compensation in Palm Beach County or to cause or permit any other 7
person for compensation to recover, tow, remove or store a vehicle/vessel in Palm Beach 8
County. It shall also be unlawful or to advertise said services without first obtaining and 9
maintaining a current and valid operating permit pursuant to the provisions of this 10
Ordinance. A person conducting non-consent tows in Palm Beach County but having 11
his/her primary place of business outside of Palm Beach County shall be required to 12
obtain an Operating Permit and shall be subject to all the provisions of this Ordinance. 13
B. Nothing in this Ordinance shall be construed to prohibit the discharge or storage of a 14
vehicle lawfully recovered, towed or removed in another county and lawfully transported 15
into Palm Beach County; nor shall anything in this Ordinance be construed to prohibit a 16
vehicle owner or authorized agent from requesting the services of a towing business not 17
regularly doing business in Palm Beach County (i.e., routinely, contracted, etc.) to tow or 18
transport such vehicle out of Palm Beach County. 19
C. The provisions of this Ordinance shall not apply to governmental agencies, vehicle rental 20
companies which tow their own vehicles, to businesses utilizing trucks capable of 21
transporting five (5) or more vehicles at one time, or to persons who use towing vehicles 22
to transport their vehicles solely for personal, family, household or recreational use. 23
24
SECTION 5. New Applications/Renewals and Issuance of Operating Permit; 25
Fees. 26
27
A. The Division shall issue either a Towing Operating Permit or a Consent-Only Towing 28
Operating Permit to towtruck companies which have met the standards and requirements 29
for an operating permit as provided for in this Ordinance. 30
B. Every application/renewal for an operating permit shall be in writing, signed and verified 31
by the applicant, and filed with the Division. The application/renewal shall be on a form 32
prescribed by the Division and shall contain information, including but not limited to: 33
1. Sufficient information to identify the applicant, including but not limited to, full 34
legal name, date of birth, telephone numbers, the place of business and residence 35
addresses, a copy of the applicant's Palm Beach County Business Tax Receipt and 36
Florida driver's license number. If the applicant is a corporation, the foregoing 37
information shall be provided for each corporate officer, director, registered agent 38
and shareholder. If the applicant is a partnership, the foregoing information shall 39
be provided for each general and limited partner. Post office box addresses shall 40
not be accepted. 41
2. Documentation demonstrating that all corporate or partnership applicants are 42
qualified under the laws of Florida to do business under the trade name or names 43
under which it has applied for an operating permit. 44
3. A list of all persons with any ownership interest in the company who have 45
Palm Beach County Towtruck Ordinance 2010-001
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previously been denied an operating permit from this or any other jurisdiction. 1
4. Verification of the business’ current corporate status and Fictitious Name 2
Registration (if applicable) with the State of Florida. 3
5. Any trade name under which the business operates, intends to operate, or has 4
previously operated. 5
6. The location and physical addresses of all places of business including storage 6
facilities. 7
7. A description of services proposed to be provided, including, but not limited to, 8
days and hours of operation and types of towing and storage services to be 9
provided. 10
8. Proof of insurance as required in Section 7 (Insurance Requirements) of this 11
Ordinance. As proof of insurance, a certificate of insurance must be submitted on 12
the company’s behalf directly to the Division by the insurance company or agent. 13
9. A signature of each individual applicant, president or vice-president of a 14
corporation and of all the general and limited partners of a partnership having 25 15
percent or greater ownership in the company. 16
10. The submission of a statement assuring that each towtruck is commercially 17
manufactured, meets the specifications listed herein, is in safe operating condition 18
and receives routine service/maintenance. 19
11. An agreement on the part of the applicant to abide by the provisions of this 20
Ordinance and the laws of the State of Florida. 21
12. Such additional information required by the Division to process the 22
application/renewal. 23
C. The Division shall review and investigate each application/renewal of an operating 24
permit and shall deny any application/renewal that is incomplete or untrue in whole or in 25
part, or which fails in any way to meet the requirements of this Ordinance including but 26
not limited to the following: 27
1. The applicant has been convicted of, found guilty of, or pled guilty or nolo 28
contendere to, regardless of the adjudication of guilt, within the last ten (10) years 29
involving: repossession of a motor vehicle under Chapter 493, F.S., repair of a 30
motor vehicle under ss. 559.901-559.9221, F.S., theft of a motor vehicle under s. 31
812.014, F.S., carjacking under s. 812.133, F.S., operation of a chop shop under s. 32
812.16, F.S., failure to maintain records of motor vehicle parts and accessories 33
under s. 860.14, F.S., airbag theft or use of fake airbags under s. 860.145 or s. 34
860.146, overcharging for repairs and parts under 860.15, F.S., or violation of the 35
towing or storage requirements for a motor vehicle under s. 321.051, F.S., 36
Chapter 323, F.S., s. 713.78, F.S., s. 715.07, F.S., or any felony where use of a 37
vehicle was involved in theft of property. In the case of a corporate or partnership 38
applicant, all corporate officers and directors, or partners shall provide all such 39
information, as the case may be. 40
2. Any unsatisfied civil fines or penalties arising out of an administrative or 41
enforcement action brought by the Division (including any Cease and Desist 42
Orders and/or Assurances of Voluntary Compliance issued by the Division) or 43
another governmental agency based upon conduct involving a violation of this 44
Ordinance or other towing regulations. 45
Palm Beach County Towtruck Ordinance 2010-001
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3. Any criminal, administrative, or enforcement proceeding in any jurisdiction based 1
upon conduct involving a violation of this Ordinance or other towing regulations. 2
This paragraph shall apply to consent-only towing companies when such 3
proceedings from other jurisdictions relate to public safety. 4
4. Any unsatisfied judgments entered in an action brought by the Division under this 5
Ordinance. 6
5. Has had its operating permit previously revoked by action of the Division or any 7
other jurisdiction within two (2) years of the date of application. This paragraph 8
shall apply to consent-only towing companies when such proceedings relate to 9
public safety. 10
D. All towtruck companies which desire to operate in Palm Beach County must secure an 11
operating permit and follow the permitting procedures described in this section prior to 12
conducting business. If there are six months or less remaining before the annual renewal 13
period, the non-refundable fee for the operating permit shall be fifty (50) percent of the 14
approved fee, otherwise all other fees are applicable. 15
E. Each operating permit and towtruck decal issued pursuant to this section shall be valid 16
and effective for one (1) year, terminating on December 31 of each year. Failure to 17
submit an operating permit application and the required non-refundable fee for renewal 18
by September 30 of each year will result in the assessment of a non-refundable late fee. 19
All fees shall be established by a resolution of the Commission. 20
F. Towtruck companies failing to submit a complete and true application within thirty (30) 21
calendar days after the Division’s receipt of the application shall be denied an operating 22
permit. Within ten (10) business days of receipt of the Division’s notice of denial, such 23
towtruck companies may refile a complete and true application and pay a non-refundable 24
application re-filing fee established by a resolution of the Commission. Failure to refile 25
an application within this ten (10) day period will result in the towtruck company being 26
required to submit a new application and repaying the non-refundable application permit 27
fee and applicable towtruck decal fees. The failure to refile and pay the required fees 28
will result in the denial of the operating permit application for that licensing period. 29
G. After initial application and upon renewal, the applicant shall submit to a background 30
investigation every other year. 31
H. Each operating permit shall be printed on a certificate containing, at a minimum, the 32
name and address of the company, the name of the principal, the dates the operating 33
permit is in effect, and the identifying number assigned by the Division to the company. 34
The operating permit certificate issued by the Division shall remain the property of Palm 35
Beach County and shall be used only under the authority of the Division. 36
I. All operating permits shall be renewed annually. As a part of the renewal process, the 37
original application shall be updated and verified by the applicant. Each updated renewal 38
application shall be accompanied by a non-refundable fee. All operating permits which 39
are not renewed shall automatically expire upon the expiration date of the operating 40
permit, as stated on the operating permit, and all recovery, towing, removing and storage 41
services permitted shall cease immediately. The Division shall deny each renewal 42
application that is not timely, is incomplete, is untrue in whole or in part, is 43
unaccompanied by the required fees, or results in a determination by the Division that the 44
applicant has failed to satisfy the requirements of this Ordinance. 45
Palm Beach County Towtruck Ordinance 2010-001
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J. An operating permit issued or renewed pursuant to the provisions of this section shall not 1
be transferable, nor shall the ownership structure of the operating permit be so modified 2
as to constitute a change in the control or ownership of the operating permit. If the 3
business changes its name or ownership structure, a new business permit application and 4
the business application permit fee shall be submitted to the Division within forty-five 5
(45) days of said change. In cases where the name of the business changes, the new 6
business will be required to have each vehicle inspected and must also pay decal/vehicle 7
fees. 8
K. Failure to comply with the provisions of this section may result in denial of an operating 9
permit, revocation or suspension of the operating permit, a denial of renewal of such 10
operating permit, issuance of a civil citation, a criminal conviction and/or other such 11
remedies available to the Division herein. 12
L. All fees collected shall be deposited in a separate County fund for the Division’s 13
operation. 14
M. Start-Up: The Board of County Commissioners may adjust the operating permit fees, 15
decal fees and the deadline for submitting applications if the initial licensing period is 16
less than a full year after the effective date of this Ordinance. Towtruck companies 17
which were issued 2010 operating permits prior to the effective date of this Ordinance 18
shall not be required to pay any increase or additional fees implemented through the 19
approval of this Ordinance for the start-up year. 20
21
SECTION 6. Inspection of Storage Yards and Public Offices Required. 22
23
A. Prior to the issuance of an operating permit, the Division shall inspect each storage 24
facility and public office area to assure compliance with this Ordinance and the 25
following: 26
B. Non-Consent Towing Storage facilities must meet the following requirements: 27
1. Adequate chain-link or solid-wall fencing that has a minimum height of six (6) 28
feet with lockable and secure gates surrounding the storage facility. 29
(713.78(7)(b)1), F.S. 30
2. At least ten (10) feet by twenty (20) feet of outdoor storage space for each 31
standard vehicle/vessel (more for larger vehicles). The facility must be able to 32
accommodate a minimum of ten (10) standard size vehicles. For towing 33
companies unable to provide outdoor storage, an indoor facility must be provided 34
with the same space for a minimum of ten (10) standard size vehicles and must 35
use one or more of the security methods defined herein. Towing companies 36
which provide only indoor storage shall not exceed the maximum allowable 37
outdoor storage rates established by the Commission. 38
3. At least ten (10) feet by twenty (20) feet of indoor storage space for each standard 39
vehicle/vessel. The indoor storage space must adequately protect the vehicle 40
from natural (i.e., rain, hail, etc.) and man-made (i.e., paint, chemicals, etc.) 41
elements, be isolated to prevent contact with unapproved personnel/public and be 42
placed in such a manner to prevent damage by any other means. Indoor storage 43
space shall be adequately vented to the outside to prevent accumulation of toxic 44
fumes or gases that may pose a threat to human health. The indoor facility must 45
Palm Beach County Towtruck Ordinance 2010-001
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be able to accommodate a minimum of at least two standard size vehicle. 1
4. Illuminate the storage facility with lighting of sufficient intensity to reveal 2
persons and vehicles/vessels at a distance of 150 feet during nighttime. 3
(713.78(7)(b)2), F.S. 4
5. Each storage facility must use one or more of the following security methods to 5
discourage theft of vehicles/vessels or of any personal property contained in such 6
vehicles/vessels: 7
a. A night dispatcher or watchman remaining on duty at the storage facility 8
from sunset to sunrise; 9
b. A guard dog (as licensed and approved by the Palm Beach County Animal 10
Care & Control Division) which remains at the storage facility from sunset 11
to sunrise; 12
c. Security cameras or other similar electronic surveillance devices which 13
monitor and record activities in the storage facility during the hours the 14
business is closed to the public; or 15
d. A licensed security guard service which examines/patrols the storage 16
facility at least once each hour from sunset to sunrise. (713.78(7)(b)3), 17
F.S. 18
6. An appropriate office area protected from the weather and equipped with a wired 19
telephone system and approved sanitary facilities in accordance with the 20
requirements of Chapter 64E-10, FAC. 21
C. By resolution, the Commission may establish a storage yard inspection fee. 22
23
SECTION 7. Insurance Requirements. 24
A. It shall be unlawful for any towtruck company to recover, tow, or remove a 25
vehicle/vessel or to provide vehicle/vessel storage services in connection therewith until 26
that company has filed with the Division and maintains in effect, the following types of 27
commercial insurance: auto liability for each vehicle, general/garage liability, on-hook 28
cargo liability and worker’s compensation (as required by state law). The Board shall 29
establish the minimum insurance limits by resolution for each insurance type. 30
B. All insurance policies required shall be issued by insurance companies licensed and 31
admitted to write commercial liability insurance in the State of Florida. No policy shall 32
be accepted which is less than a six (6) month duration. Each policy shall be endorsed to 33
provide for thirty (30) days written notice to the Division of any non-renewal of the 34
policy or at least ten (10) days written notice to the Division of any cancellation/non-35
payment of the policy. 36
C. A properly completed Certificate of Insurance evidencing all insurance coverages shall 37
be made available to the Division upon application for an operating permit. Each vehicle 38
must be listed on the certificate(s) by its year, make and vehicle identification number. 39
Certificates of Insurance must contain the following name and address as Certificate 40
Holder: 41
Board of County Commissioners of Palm Beach County 42
c/o Division of Consumer Affairs 43
50 South Military Trail 44
West Palm Beach, FL 33415 45
Palm Beach County Towtruck Ordinance 2010-001
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1
Evidence of the renewal of the policy shall be filed with the Division prior to such 2
policy’s expiration date. Failure to file such evidence of insurance, or failure to have 3
same in full force and effect, may result in denial of a permit, revocation or suspension of 4
the permit, a denial of renewal of such permit, issuance of a civil citation, a misdemeanor 5
charge or other such remedies available to the Division herein. 6
D. The Division may deny, suspend or revoke the operating permit of any company for 7
failure to obtain or maintain insurance as required by this Ordinance. Any company 8
which submits false or fraudulent insurance documents shall be subject to immediate 9
denial or revocation. Such companies shall not be eligible to reapply for a business 10
permit for five (5) years. The Division shall notify the State Department of Financial 11
Services/Division of Insurance Fraud for follow-up investigation and review. Upon 12
denial, suspension or revocation of the business permit, the company shall be entitled to 13
an appeal according to the provisions in Section 27 (Hearings and Appeals). 14
E. The Division shall suspend the operating permit of any company which fails to ensure 15
that each and every registered vehicle associated with the company has: 16
1. A current certificate of insurance provided to the Division by the authorized agent 17
or insurance company no later than the date of expiration of its previous policy, or 18
2. A reinstatement notice provided to the Division no later than the date of 19
cancellation of said policy. 20
3. Any company which has had its business permit suspended more than two (2) 21
times in any twelve (12) month period may have such permit revoked for a period 22
of 1 year. 23
F. An “administrative insurance reactivation” fee established by resolution of the Board, 24
shall be assessed all towtruck companies that are suspended pursuant to paragraph D 25
above. The suspension shall not be withdrawn until the fee is paid to the Division. 26
27
SECTION 8. Towtruck Registration; Towtruck Standards; Decals. 28
A. It shall be unlawful to recover, tow or remove a vehicle/vessel or to store it in connection 29
therewith unless the towtruck used to provide such service displays in the lower left 30
corner (driver side) of the front window a current decal issued by the Division. The 31
towtruck decal remains the property of the Division and can be used only under the 32
authority of the Division. 33
B. The Division is authorized to issue current towtruck decals for each separate towtruck 34
upon application by the towtruck company and completion or satisfaction of the 35
following: 36
1. Inspection by personnel authorized by the Division to ensure that the towtruck 37
clearly displays the company name on the exterior of the driver and passenger 38
sides in permanently affixed letters in contrasting colors at least three (3) inches 39
high. The physical address of the business, telephone number and operating 40
permit number must be in at least one (1) inch permanently affixed letters in 41
contrasting colors on the exterior driver and passenger sides. 42
2. Submission of an affidavit to the Division assuring that each towtruck is 43
commercially manufactured and meets the specifications listed in Section 3 44
(Towtruck Class Specification) of this Ordinance and is in safe operating 45
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condition. 1
3. An application form prepared by the Division and completed by the towtruck 2
company, which correctly indicates the year, make, model, vehicle identification 3
number, and the State of Florida motor vehicle license plate number and the 4
expiration date of the license plate of the towtruck. A copy of the State of Florida 5
Vehicle Registration shall be provided for each vehicle to be registered/permitted 6
with the Division. 7
4. Payment of a non-refundable decal fee established by resolution of the 8
Commission and deposited and used in the same manner as other fees and charges 9
under this Ordinance. 10
5. Inspection of the towtruck by personnel authorized by the Division to ensure that 11
the towtruck meets the minimum towtruck signage requirements and safety and 12
equipment standards. The minimum safety requirements for all towtrucks shall 13
be: 14
a. Compliance with Section 3 (Towtruck Class Specification) of this 15
Ordinance; 16
b. Vehicle and towing apparatus in safe operating condition pursuant to 17
Chapter 316, F.S; 18
c. Tire conditions and tread; 19
d. Braking performance; 20
e. Lights – head, parking, rear, signal and flood; 21
f. Amber emergency lighting; 22
g. Fire extinguisher; 23
h. Safety Equipment – Flares, light reflective safety cones or red triangle 24
highway warning reflectors; and 25
i. Flashlight. 26
Towtrucks used exclusively for Police Directed tows shall be required to also 27
have the following: 28
a. “Oil Dry” or its equivalent; and 29
b. Equipment – crowbar/pryer, jumper cables, bolt cutters, 4-way lug 30
wrench, extra tow chain, five (5) gallon trash receptacle, fire axe, heavy 31
duty push broom and shovel. 32
C. It shall be unlawful for any towtruck company to alter or transfer ownership of any decal. 33
If a towtruck is destroyed or sold, the towtruck company must remove said decal and 34
surrender the remains to the Division. 35
D. Any additional towtrucks must comply with this Section prior to being used for recovery, 36
towing or removal of any vehicle/vessel. Upon compliance with this Section, additional 37
towtrucks acquired during the licensing year will receive a decal at a prorated fee. The 38
prorated fee shall be fifty (50) percent of the regular decal fee if there are six months or 39
less remaining before the annual renewal period. 40
E. Decals shall be issued in numerical order and each decal issued shall display its assigned 41
number. Decals shall be issued annually when the operating permit is renewed. 42
F. The decal for each towtruck shall be affixed by personnel authorized by the Division and 43
shall at all times be displayed and available for inspection by any law enforcement officer 44
or by personnel authorized by the Division to perform enforcement duties. 45
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G. Replacement or duplicate decals may be authorized by the Division upon the completion 1
of an application and notarized statement of the towtruck company stating that such 2
replacement or duplicate decal is necessary and stating the reasons for such request, 3
along with a nominal charge to be approved by resolution of the Commission. 4
H. A towing company which has towtrucks inspected by a municipality or law enforcement 5
agency that meet the inspection requirements of this Ordinance, shall be exempt from the 6
inspection requirements herein as long as the inspection took place within ninety (90) 7
days of the required Division inspection. However, all towtrucks operating pursuant to 8
this Ordinance shall be registered with the Division and meet the vehicle safety 9
requirements of this Ordinance. 10
11
Section 9. Inspection Procedures and Requirements. 12
A. The Division shall conduct storage facility and individual towtruck inspections upon the 13
completion and submittal of all application requirements by each towtruck company. 14
The Division will provide written notification (fax or electronic notification acceptable) 15
to the towtruck company of the need for inspection of storage facilities and all towtrucks. 16
1. Within five (5) business days of notification, the towtruck company shall contact 17
the Division to schedule an appointment for inspection. Said inspection shall be 18
completed within twenty (20) business days after the towtruck company contacts 19
the Division to schedule the inspection. If the towtruck company does not 20
schedule the inspection within five (5) business days of notification, then prior to 21
inspection, an inspection late fee established by resolution of the Commission 22
must be paid to the Division. Failure to schedule the appointment following 23
initial notification by the Division within the five (5) day time period shall result 24
in the denial of the operating permit and a requirement that the operating permit 25
application be resubmitted along with applicable non-refundable operating permit 26
application re-filing fees established by resolution of the Commission. 27
2. If the towtruck company cancels the inspection, a cancellation fee must be paid to 28
the Division prior to inspection. Failure to reschedule the appointment within 29
eleven (11) business days of the initial notification by the Division or to complete 30
said inspection within twenty (20) business days after the appointment has been 31
rescheduled, shall result in the denial of the operating permit and a requirement 32
that prior to inspection, the operating permit application be resubmitted along 33
with applicable non-refundable application re-filing fees established by resolution 34
of the Commission. The applicant shall only be permitted one opportunity to 35
reschedule the required inspections. 36
B. If a storage facility inspection reveals deficiencies (fails) and a reinspection is required, 37
then a storage facility reinspection fee must be paid to the Division. The fee is to be 38
established by the Commission by resolution. Within five (5) business days of 39
notification, the towtruck company shall contact the Division to schedule an appointment 40
for reinspection. Said reinspection shall be completed within twenty (20) business days 41
after the towtruck company contacts the Division to schedule the reinspection. Failure to 42
complete said reinspection within twenty (20) business days after the appointment has 43
been scheduled, shall result in the denial of the operating permit and a requirement that 44
the application be resubmitted along with applicable non-refundable application re-filing 45
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fees established by resolution of the Commission. 1
C. Upon the Division’s inspection of the storage facility and towtruck(s), if all towtrucks are 2
not available/present, then the towtruck company shall bring the unavailable truck(s) to 3
the Division’s designated inspection site within five (5) business days by appointment. If 4
the towtruck(s) are not inspected within five (5) business days, then a vehicle inspection 5
late fee must be paid to the Division. The fee is to be established by the Commission by 6
resolution. 7
D. If towtruck inspection reveals deficiencies (fails) and a reinspection is required, then the 8
failed truck(s) are to be brought to the Division’s designated reinspection site within 5 9
business days by appointment. The vehicle reinspection fee shall be applied each time the 10
individual towtruck fails the inspection process. If the towtruck is not reinspected within 11
five (5) business days, then a late vehicle reinspection fee must be paid to the Division. 12
E. Towtrucks that are out of service at the time of a scheduled vehicle inspection and are 13
expected to be out-of-service longer than five (5) business days as well as towtrucks that 14
have failed two (2) inspections will be red-tagged by the Division. A red-tag “out of 15
service” decal will be applied to the vehicle by a Division employee and the vehicle may 16
not be used for any business or towing purposes until such time as the vehicle is brought 17
to the Division’s designated site, inspected and approved for operation. Only Division 18
employees may remove the red-tag decal. 19
F. It shall be unlawful to operate a towtruck which has failed to pass any critical item 20
specified on any towtruck inspection performed by personnel authorized by the Division 21
or has failed to correct other inspection deficiencies within the time period specified by 22
the Division or is operating with safety deficiencies or without the proper insurance 23
coverage. When a towtruck has failed to pass inspection or the owner has failed to 24
correct such inspection deficiencies or the vehicle is operating with safety deficiencies or 25
without the proper insurance coverage, personnel authorized by the Division shall affix to 26
the lower left corner of the towtruck windshield a red tag “out of service” decal/notice. It 27
shall be unlawful for the towtruck company or any other person other than personnel 28
authorized by the Division to remove this notice from the windshield of the towtruck. 29
This notice shall remain the property of the Division and Palm Beach County. 30
G. It is a violation of this Ordinance not to have storage facilities and towtrucks inspected 31
according to the above requirements. Failure to pay the required fees is a violation of 32
this Ordinance. 33
34
SECTION 10. Non-consent Manifest, Towing Invoice, or Tow Sheet. 35
A. It shall be unlawful for any person providing nonconsent towing services to recover, tow 36
or remove a vehicle/vessel or provide storage in connection therewith unless the person 37
providing such service shall maintain in his possession a manifest, towing invoice, tow 38
sheet or dispatch records which shall include, but not be limited to, the following 39
information: 40
1. Name of the towtruck company and of the towtruck operator physically providing 41
the service; 42
2. Palm Beach County Decal number of the towing vehicle used to provide the 43
service; 44
3. Name, address and telephone number of the person requesting the service, except 45
Palm Beach County Towtruck Ordinance 2010-001
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as provided in Section 14.E. (Non-consent Towing With Prior Express Instruction 1
of Real Property Owner or Duly Authorized Agent and/or Law Enforcement 2
Agency) of this Ordinance; 3
4. Prior express instruction (signed and dated) of the real property owner provided in 4
the presence of the towtruck driver recovering, towing or removing the 5
vehicle/vessel except as provided in paragraph A. above. 6
5. Date and time the towtruck arrived at the location where the service is to be 7
performed; 8
6. Date and time of release to vehicle/vessel owner or authorized agent; 9
7. Location at which the service originated; 10
8. Destination to which the vehicle/vessel being provided the service is taken and 11
the time of arrival at the destination; 12
9. Description of vehicle/vessel being provided the service, including make, model, 13
year (if known), color, vehicle/vessel identification number (if visible) and license 14
plate number, if any; 15
10. Description of services provided; 16
11. The total charges listed individually and specifically as well as the description of 17
the services rendered; 18
12. When an “extra time/labor at scene” charge is applied, the towtruck driver shall 19
obtain and provide the name of the law enforcement agency and agency case 20
number. In lieu of the case number, the badge number and name of the 21
investigating law enforcement officer on the scene must be provided. A detailed 22
explanation of the services rendered which necessitated the charges shall also be 23
recorded and provided to the vehicle/vessel owner or representative upon 24
demand. 25
13. The following disclosure in bold capitalized letters of at least 12-point type: 26
IF YOU HAVE QUESTIONS OR COMPLAINTS ABOUT NON-27
CONSENT TOWS UNABLE TO BE RESOLVED BY THE 28
TOWING COMPANY MANAGEMENT, CONTACT THE PALM 29
BEACH COUNTY CONSUMER AFFAIRS DIVISION, WEST 30
PALM BEACH, FLORIDA. TELEPHONE: (561) 712-6600 OR 31
BY INTERNET: www.pbcgov.com/consumer. 32
33
COMPANIES PERFORMING NON-CONSENT TOWS IN PALM 34
BEACH COUNTY ARE REQUIRED TO ACCEPT ALL OF THE 35
FOLLOWING FORMS OF PAYMENT: 36
37
1. CASH, MONEY ORDER OR VALID TRAVELER'S CHECK; 38
AND 39
2. VALID BANK DEBIT/CREDIT CARD, WHICH SHALL 40
INCLUDE, BUT NOT BE LIMITED TO, MASTERCARD OR 41
VISA, THAT IS IN THE NAME OF THE VEHICLE/VESSEL 42
OWNER OR AUTHORIZED DRIVER/AGENT; AND 43
3. VALID PERSONAL CHECK SHOWING ON ITS FACE 44
THE NAME AND FLORIDA ADDRESS OF THE 45
Palm Beach County Towtruck Ordinance 2010-001
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VEHICLE/VESSEL OWNER OR AUTHORIZED 1
DRIVER/AGENT. 2
3
B. Each original manifest, towing invoice, or tow sheet shall be available for inspection and 4
a copy provided upon demand by law enforcement officers, by personnel authorized by 5
the Division to perform enforcement duties or to the vehicle vessel owner or his/her 6
authorized driver/agent. 7
8
SECTION 11. Advertisements. 9
In all advertisements, towtruck companies performing non-consent towing services shall furnish 10
the complete business address, telephone number and Palm Beach County Towing Operating 11
Permit Number of said towtruck company. The Permit Number is not required in telephone 12
directories where the publisher gratuitously provides a “business listing” with only the company 13
name, address and phone number. 14
15
SECTION 12. Records Required. 16
Each towtruck company shall maintain accurate and complete records including but not limited 17
to, manifests, towing invoices, or tow sheets for services rendered. When photographs are taken 18
of vehicles/vessels, the vehicle/vessel owner and the Division shall have access to such photos 19
for the purpose of inspection and/or copying. Such records and photographs shall be maintained 20
for at least three (3) years for services related to non-consent towing services and for one (1) 21
year for services related to consent-only towing services. The Division shall be granted access 22
to these records for inspection and/or copying, during regular business hours, upon 24-hours 23
prior notice. In the event, the Division is denied the opportunity to inspect and copy such 24
records; the Division shall have the right to remove the records for the purpose of copying and 25
shall return any records removed within three (3) calendar days. All records and information 26
inspected and not copied shall be confidential, except that records may be copied and made 27
public for the purpose of complaint investigations, operating permit suspension and/or 28
revocation proceedings. 29
30
Section 13. Operating Permit Required to Do Business with the County. 31
No person shall submit a bid, nor shall any contract be awarded, on any county contract or 32
agreement to recover, tow, or remove vehicles/vessels or provide storage in connection with 33
such services unless that person has a valid and current operating permit issued pursuant to this 34
Ordinance. Nothing herein shall prevent the County from contracting for more stringent 35
requirements than set forth in this Ordinance. 36
37
SECTION 14. Non-consent Towing With Prior Express Instruction of Real 38
Property Owner or Duly Authorized Agent and/or Law Enforcement Agency. 39
40
In addition to the other requirements of this Ordinance, no towtruck company shall, for 41
compensation, recover, tow, or remove a vehicle/vessel or provide storage in connection 42
therewith without the prior express instruction of the vehicle/vessel owner or authorized driver, 43
except in accordance with the following: 44
Palm Beach County Towtruck Ordinance 2010-001
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A. Police Directed Tow: Non-consent towtruck companies may for compensation recover, 1
tow or remove a vehicle/vessel based upon a police directed tow without the prior 2
express instruction of the vehicle/vessel owner or authorized driver upon the prior 3
express instruction of a law enforcement agency and in accordance with the terms of any 4
contracts or agreements between the towtruck company and a governmental entity and/or 5
law enforcement agency. 6
B. Private/Public Property Impound: Non-consent towtruck companies may for 7
compensation recover, tow or remove a vehicle/vessel on a private/public property 8
impound without the prior express instruction of the vehicle/vessel owner or authorized 9
driver, upon the prior express instruction of the real property owner or his duly 10
authorized agent on whose property the vehicle/vessel is disabled, abandoned or parked 11
without authorization or whose vehicle/ vessel owner or authorized agent is unwilling or 12
unable to remove the vehicle/vessel, provided that the requirements of this Ordinance are 13
satisfied. The non-consent towtruck company recovering, towing or removing a 14
vehicle/vessel shall, within thirty (30) minutes of completion of such towing or removal, 15
notify the appropriate law enforcement agency in which jurisdiction the vehicle/vessel 16
was parked of the nature of the service rendered, the name and address of the storage 17
facility where the vehicle/vessel will be stored, the time the vehicle was secured to the 18
towing vehicle, and the make, model, color and vehicle/vessel license plate number (if 19
any). The non-consent towtruck company shall obtain the name of the person at the law 20
enforcement agency to whom such information was reported and note that name on the 21
trip record. 22
C. Except as otherwise provided in this Ordinance, every prior express instruction made in 23
writing or in person shall indicate the date and time of the instruction and shall be signed 24
by the law enforcement officer, or the real property owner/duly authorized agent in the 25
physical presence of the towtruck company providing the service at the time the towing 26
services are performed. The law enforcement officer or the real property owner/the duly 27
authorized agent shall also print his/her full name. Prior Express Instruction 28
(signed/printed name and date) must be provided on the manifest, towing invoice or tow 29
sheet in the presence of the driver. Pre-authorization or post-authorization for prior 30
express instruction is a violation of this Ordinance and shall result in the issuance of a 31
citation and/or suspension or revocation of the operating permit. 32
D. Signing in the presence of the non-consent towtruck company/driver shall not be required 33
for a prior express instruction made by the real property owner or authorized agent 34
forwarded by facsimile transmission on a form provided by the Division. All other 35
requirements of this Ordinance shall apply and the real property owner or duly authorized 36
agent shall provide in the facsimile instruction the specific location (i.e., address, parking 37
space, etc.), color of the vehicle, make and/or model of the vehicle (if visible) and either 38
the license tag number or the vehicle identification number (if available) prior to the 39
vehicle/vessel being towed. Such facsimile instruction shall include the real property 40
owner’s or authorized agent’s signature and printed or typed full name and title, as well 41
as an electronic confirmation or electronic stamp of the date and time the instruction was 42
sent to the towtruck company. The towtruck company, in compliance with Section 12 43
(Records Required) of this Ordinance, shall maintain copies of facsimile instructions. 44
Failure of the non-consent towtruck company to act on a faxed instruction within twenty-45
Palm Beach County Towtruck Ordinance 2010-001
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four (24) hours of an expressed instruction from the property owner or designee shall 1
require the issuance of a new facsimile or express authorization. Acting on an 2
incomplete facsimile from the property owner is a violation of this Ordinance. 3
E. No non-consent towtruck company/driver shall pay or rebate money, or solicit or offer 4
the rebate of money, or other valuable consideration in order to obtain the privilege of 5
rendering towing services. The only exception is governmental franchise fees. 6
F. Except as otherwise provided in this Ordinance, no such prior express instruction shall be 7
considered to have been given: 1) by the mere posting of signage as required by Sections 8
15 (Notice Requirements for Providing Non-Consent Tow Services at Request of Real 9
Property Owners) and 18 (Maximum Non-Consent Towing and Storage Rates for Non-10
Consent Tow Services) of this Ordinance; 2) by virtue of the terms of any contract or 11
agreement between a towtruck company and a real property owner; 3) when the prior 12
express instruction occurs in advance of the actual unauthorized parking of the 13
vehicle/vessel; or 4) where the prior express instruction is general in nature and unrelated 14
to specific, individual and identifiable vehicles/vessels which are already parked without 15
authorization. 16
G. Each non-consent towtruck company shall enter into a written contract with every owner 17
or duly authorized agent (as defined herein) of private property that authorizes the non-18
consent towtruck company to tow vehicles/vessels on or from its property. This written 19
contract shall include the beginning date of said contract, the names of all persons who 20
can authorize prior express instruction to the towtruck company to remove, recover or 21
tow any vehicle/vessel on or from its property. The written contract shall include the 22
name and current telephone number of the towtruck company performing the towing 23
service, and the name, address and telephone number for any duly authorized agents 24
acting on behalf of the real property owner. The written contract for non-consent towing 25
shall also include a clear understanding of liability for the real property owner as stated in 26
s.715.07 (4) and shall include the following wording, “When a person improperly causes 27
a vehicle or vessel to be removed, such person shall be liable to the owner or lessee of the 28
vehicle or vessel for the cost of removal, transportation, and storage; any damages 29
resulting from the removal, transportation, or storage of the vehicle or vessel; attorney's 30
fees; and court costs.” No such contract shall state that the non-consent towtruck 31
company assumes the liability for improperly towed vehicles/vessel, contrary to s. 32
715.07(4), F.S. Any addendum to the contract shall include additional names and titles 33
as necessary. The non-consent towtruck company must keep on file each contract and 34
addendum (if applicable) with the property owner. Such contract shall be maintained for 35
at least twelve (12) months after termination. The Division and law enforcement officers 36
may inspect and request a copy of any and all such contracts from the non-consent 37
towtruck company during normal business hours. The non-consent towtruck company 38
may not withhold production of the contract upon demand by the Division or law 39
enforcement. Failure to enter into or keep on file a contract with the property owner shall 40
be a violation of this Ordinance. All contracts which were entered into prior to the 41
effective date of this Ordinance, shall accomplish the requirements of this subsection by 42
entering into an addendum to the current contract within three (3) months following the 43
enactment of this Ordinance. 44
45
Palm Beach County Towtruck Ordinance 2010-001
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Non-consent towtruck companies may not enter into a written contract with the owner of 1
private property that authorizes the towtruck company to tow vehicles/vessels from the 2
real property owner’s property to the storage yard where the mileage restrictions have 3
been exceeded contrary to s. 715.07 (2)(a)1, F.S., as may be amended from time to time. 4
H. Real property owners or authorized representatives shall not request the recovery, tow or 5
the removal of vehicles/vessels that are reasonably identifiable from markings or 6
equipment as law enforcement, fire fighting, rescue squad, ambulance, or other 7
emergency vehicles/vessels which are marked as such. 8
I. Real property owners or authorized agents shall not request the recovery, tow or the 9
removal of vehicles/vessels parked in a designated handicapped parking space. Such 10
instances must be handled by local law enforcement. 11
J. Any person who improperly causes a vehicle/vessel to be recovered, towed, removed or 12
stored shall be liable to the vehicle owner or authorized representative for the costs of the 13
services provided, any damages resulting from the recovery, towing, removal or storage 14
and attorney's fees and court costs. 15
16
SECTION 15. Notice Requirements for Providing Non-consent Tow Services 17
at Request of Real Property Owners. 18
19
A. In addition to the requirements of Section 14 (Non-consent Towing With Prior Express 20
Instruction of Real Property Owner or Duly Authorized Agent and/or Law Enforcement 21
Agency) of this Ordinance, non-consent towtruck companies duly permitted under this 22
Ordinance may recover, tow or remove a vehicle/vessel or provide storage in connection 23
therewith upon the prior express instruction of a real property owner or authorized agent, 24
on whose property the vehicle/vessel is abandoned or parked without authorization, 25
provided that the following requirements are satisfied: 26
1. Notice shall be prominently posted on the real property from which the 27
vehicle/vessel is proposed to be removed and shall fulfill the following 28
requirements: 29
a. A light reflective sign shall be prominently placed at each driveway 30
access/entrance or curb cut allowing vehicular access to the real property, 31
within five (5) feet from the public right-of-way line. If there are no curbs 32
or access barriers, signs shall be posted not less than one (1) sign each 33
twenty-five (25) feet of lot frontage. The sign shall be permanently 34
installed not less than three (3) feet and not more than six (6) feet above 35
ground level and shall be continuously maintained on the real property for 36
not less than twenty-four (24) hours prior to the towing or removal of any 37
vehicle/vessel(s). 38
b. The light reflective sign shall clearly display in not less than 2-inch high 39
letters on a contrasting background, the words: "UNAUTHORIZED 40
VEHICLES/VESSELS WILL BE TOWED AWAY AT THE OWNER'S 41
EXPENSE." The words "TOW-AWAY ZONE" must be included on the 42
light reflective sign in not less than 4-inch high letters on a contrasting 43
background; 44
c. The light reflective sign shall clearly indicate, in not less than 2-inch high 45
Palm Beach County Towtruck Ordinance 2010-001
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letters on a contrasting background, the days of the week, and hours of the 1
day during which vehicles/vessels will be towed away at the owner's 2
expense; and the name and current telephone number of the towtruck 3
company performing the towing service. 4
2. Light reflective signs must be maintained or replaced so that they are clearly 5
visible, legible and light reflective at all times. The towing company is 6
responsible for maintaining and replacing signs. In the event the towtruck 7
company goes out of business or is no longer performing tow services for the real 8
property owner, the real property owner is responsible for removal of signs. 9
Failing to provide, maintain, replace and/or remove the signs in accordance with 10
this section is a violation of this Ordinance. 11
3. The posting of notice requirements of this section shall not be required where: 12
a. The real property on which a vehicle/vessel is parked is property 13
appurtenant to and obviously part of a single-family type residence; or 14
b. Written notice is personally given to the vehicle/vessel owner or 15
authorized driver/agent that the real property on which the vehicle/vessel 16
is or will be parked is reserved or otherwise not available for unauthorized 17
vehicles/vessels and is subject to being removed at the vehicle/vessel 18
owner's expense. 19
B. Except as otherwise provided in Section 14, D., when any real property owner instructs 20
that a vehicle/vessel to be recovered, towed, removed from his or her property and stored, 21
s/he or a designated representative shall sign the tow ticket authorizing the tow. 22
Immediately upon request, and without demanding compensation, the real property 23
owner shall inform the vehicle/vessel owner or other authorized person in control of the 24
vehicle/vessel of the name and address of the non-consent towtruck company that has 25
recovered, towed or removed the vehicle/vessel. 26
C. If the vehicle/vessel owner or authorized driver/agent arrives at the scene prior to the 27
vehicle/vessel being removed or towed from the property, the vehicle/vessel shall be 28
disconnected from the towtruck and the vehicle/vessel owner or authorized driver/agent 29
shall be allowed to remove the vehicle/vessel without interference upon the payment of a 30
reasonable service fee of not more than one-half of the posted rate for such towing 31
service (drop charge), for which a receipt shall be given, unless that person refuses to 32
remove the vehicle/vessel which is unlawfully parked. The bill/invoice must be 33
presented to the vehicle/vessel owner authorized/driver/agent prior to request for the 34
payment. Non-consent towtruck companies are not authorized to apply a fee in cases 35
where the owner of the vehicle/vessel arrives on the scene prior to a complete mechanical 36
hook-up (road-worthy) between the towtruck and the vehicle/vessel. In the event the 37
owner/driver of the vehicle/vessel is occupying the vehicle/vessel and refuses to vacate 38
same, in addition to the drop charge, the towtruck company/driver is permitted to charge 39
extra time at the scene where law enforcement involvement is necessary and the towtruck 40
driver obtains the name of the law enforcement agency, case number of the law 41
enforcement agency and if possible the name and badge number of the investigating law 42
enforcement officer. The towtruck driver shall also prepare detailed documentation/ 43
explanation as to why “extra time at scene” charges were required. All documentation 44
shall be provided to the vehicle/vessel owner or representative upon demand. Such fee 45
Palm Beach County Towtruck Ordinance 2010-001
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shall be approved by resolution of the Commission. 1
2
Section 16. Non-consent Towtruck Company Requirements. 3
A. Non-consent towtruck companies providing services pursuant to this Ordinance shall not 4
do so when there is a person occupying the vehicle/vessel. 5
B. Non-consent towtruck companies providing services pursuant to this Ordinance shall 6
transport the vehicle/vessel directly to the storage facility of the towtruck company 7
providing the service, to such other location as a law enforcement officer authorizing the 8
tow may expressly direct, or to a location expressly directed by the vehicle owner or 9
authorized driver/agent. When the vehicle owner or authorized driver/agent expressly 10
authorizes the vehicle to be towed to a location other than the towtruck company storage 11
facility, the towtruck driver must: 12
4. Provide a “not to exceed” estimate in writing of all the rates and fees that will be 13
assessed for the tow or negotiate a consent-only towing agreement; and 14
5. Disclose in writing the three methods of payment and come to a mutually agreed 15
time as to how and when the towing company will be compensated. 16
C. It is a violation of this Ordinance for a non-consent towtruck company to keep or stage 17
impounded vehicles/vessels in any temporary area or holding facility prior to the 18
transportation of the vehicle to its approved storage facility. 19
D. Non-consent towtruck companies which provide services pursuant to this Ordinance shall 20
file and keep on record with the Division a complete copy of all current rates charged for 21
the recovery, towing or removal of vehicles/vessels and storage provided in connection 22
therewith. Such persons shall also display prominently at each storage facility the 23
following information: signage which identifies the name of the towing company, a 24
schedule of all charges and rates for removal of vehicles/vessels for private property 25
impounds; a statement that these rates do not exceed those rates filed with the Division 26
and are in accordance with the provisions of this Ordinance and the rights afforded to a 27
vehicle owner or authorized driver/agent pursuant to Florida Statutes. The above 28
information shall be posted prominently in the area designated for the vehicle/vessel 29
owner or authorized driver/agent to transact business. Such area shall provide shelter, 30
safety and lighting adequate for the vehicle/vessel owner or authorized driver/agent to 31
read the posted rate schedule. Further, notice shall be posted advising the vehicle/vessel 32
owner or authorized driver/agent of the right to request and review a complete schedule 33
of charges and rates for towing services for the jurisdiction in which the law enforcement 34
order to tow was made, and that the towtruck company is permitted by the Division 35
noting the Division's telephone number, address and business hours. 36
E. Non-consent towtruck companies shall provide signage on the property clearly visible 37
from the street, (unless otherwise prohibited by local zoning laws) with at least three (3) 38
inch letters on a contrasting background with the name and phone number of the 39
towtruck company. 40
F. Non-consent towtruck companies which provide services pursuant to this 41
Ordinance shall advise any vehicle/vessel owner or authorized driver/agent who calls by 42
telephone prior to arriving at the storage facility of the following: 43
1. Each and every document or other item which must be produced to 44
retrieve the vehicle/vessel; 45
Palm Beach County Towtruck Ordinance 2010-001
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2. The exact charges as of the time of the telephone call, and the rate at 1
which charges accumulate after the call; 2
3. The acceptable methods of payment; and 3
4. The hours and days the storage facility is open for regular business. 4
G. Non-consent towtruck companies which provide services pursuant to this Ordinance shall 5
allow every vehicle/vessel owner or authorized driver/agent to inspect the interior and 6
exterior of the towed vehicle upon his or her arrival at the storage facility before payment 7
of any charges (except for “After-Hour Gate or Personal Property Retrieval Fee”). With 8
the exception of vehicles being held pursuant to the specific request or “hold order” of a 9
law enforcement agency, the vehicle/vessel owner or authorized driver/agent shall be 10
permitted to remove the vehicle license tag and any and all personal property inside but 11
not affixed to the vehicle/vessel. A vehicle/vessel owner who shows a government 12
issued photo identification shall be given access to view ownership documents stored in 13
the vehicle/vessel. The vehicle/vessel and/or personal property shall be released to the 14
vehicle/vessel owner if the ownership documents are consistent (name and address) with 15
the photo identification. When a vehicle/vessel owner’s government issued identification 16
and ownership documents are stored inside the impounded vehicle due to unforeseen 17
circumstances, the towtruck company shall be required to recover the ownership 18
documents stored in the impounded vehicle (i.e., glove compartment, sun visors, etc.) 19
upon receipt of a vehicle/vessel key, vehicle access code, or electronic device from the 20
vehicle/vessel owner that would allow entry. The vehicle/vessel and/or personal property 21
shall be released to the vehicle/vessel owner if the ownership documents are consistent 22
with the photo identification. 23
H. Non-consent towtruck companies which provide services pursuant to this Ordinance shall 24
accept payment for charges from the vehicle/vessel owner or authorized driver/agent in 25
all the following forms: 26
1. Cash, money order or valid traveler's check; and 27
2. Valid bank debit/credit card, which shall include, but not be limited to, 28
MasterCard or VISA, that is in the name of the vehicle/vessel owner or authorized 29
driver/agent; and 30
3. Valid personal check showing on its face the name and Palm Beach County 31
address of the vehicle/vessel owner or authorized driver/agent. 32
A towtruck company/driver shall not reject any of the above forms of payment. A 33
vehicle/vessel owner or authorized driver/agent shall not be required to furnish 34
more than one (1) government issued form of picture identification when payment 35
is made by valid bank debit/credit card or personal check, and said presentation 36
shall constitute sufficient identity verification. 37
I. Non-consent towtruck companies which provide services pursuant to this Ordinance shall 38
not store or impound a towed vehicle/vessel at a distance which exceeds a ten (10) mile 39
radius of the location from which the vehicle/vessel was recovered, towed or removed 40
unless no towing company providing services under this section is located within a ten 41
(10) mile radius, in which case a towed or removed vehicle/vessel must be stored at a site 42
within twenty (20) miles of the point of removal. 43
J. Non-consent towtruck companies which provide services pursuant to this Ordinance shall 44
maintain one or more storage facilities, each of which shall maintain a current Palm 45
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Beach County Business Tax Receipt and when applicable a municipal Business Tax 1
Receipt. The business shall be open for the purpose of redemption of vehicles/vessels by 2
owners or authorized drivers/agents on any day that the towtruck company is open for 3
towing purposes from at least 8:00 A.M. to 6:00 P.M., Monday through Friday and, when 4
closed, shall have posted prominently on the exterior of the storage facility and place of 5
business, if different, a notice indicating a telephone number where the towtruck 6
company can be reached at all times. Upon request of the vehicle/vessel owner or 7
authorized driver/agent, the towtruck company shall release the vehicle/vessel to the 8
vehicle/vessel owner or authorized driver/agent within one (1) hour. 9
K. Non-consent towtruck companies shall not, as a condition of release of the vehicle/vessel, 10
require a vehicle/vessel owner or authorized driver/agent to sign any release or waiver of 11
any kind which would release the towtruck company from liability for damages noted by 12
the vehicle/vessel owner or authorized driver/agent at the time of the vehicle’s/vessel’s 13
release. A detailed, signed receipt showing the legal name of the towtruck company 14
removing the vehicle/vessel shall be given to the vehicle/vessel owner or authorized 15
driver/agent at the time of payment, whether requested or not. 16
L. Nothing in this Ordinance shall prevent the Sheriff or any municipality within the county 17
from providing additional or more restrictive requirements in contracts or arrangements 18
which authorize the recovery, towing or removal of vehicles/vessels or storage provided 19
in connection therewith. 20
M. Non-consent towtruck companies which provide services pursuant to this Ordinance shall 21
release vehicles/vessels towed or removed to the vehicle/vessel owner or authorized 22
driver/agent provides Proof of Ownership documents. Proof of Ownership documents 23
shall include: 24
1. Current vehicle registration; 25
2. Vehicle Title; 26
3. An authorized driver/agent with a notarized release from the vehicle/vessel owner 27
or lien holder. Vehicle/Vessel owners have the right to identify/approve 28
designated agents to claim vehicles on their behalf. A facsimile or electronic 29
transfer of a notarized release statement from the vehicle/vessel owner shall be 30
accepted; 31
4. Insurance Card with the vehicle/vessel owner’s information and vehicle 32
description; 33
5. Licensed Dealer in possession of an auction buyer’s sales invoice; and/or 34
6. A notarized bill of sale for non-titled vehicles or vessels. 35
N. Non-consent towtruck companies which provide services pursuant to this Ordinance shall 36
make a “good faith effort” to locate the vehicle/vessel owner or lien holder. For the 37
purposes of this paragraph and subsection, a “good faith effort” means that the required 38
steps have been performed by the towtruck company according to Section (4)(d) of the 39
Florida Statutes 713.78. Failure to make a “good faith effort” to comply with the 40
notification requirements of this section shall preclude the imposition of any storage 41
charges against such vehicle or vessel. 42
O. Non-consent towtruck companies which provide services pursuant to this Ordinance and 43
found to be in violation of this Ordinance relating to a specific non-consent tow shall be 44
required to reimburse the vehicle/vessel owner all illegal or over charges related to that 45
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towing incident. Failure to reimburse the owner of the vehicle/vessel in such cases is a 1
violation of this Ordinance. 2
P. Any non-consent towing company that has an unusable storage yard or has been evicted 3
from its storage yard is subject to having its operating permit suspended. 4
Q. Any towtruck driver in the process of transporting a junked vehicle (as defined in s. 5
319.30, F.S.) to a licensed salvage motor vehicle dealer and who is employed by, 6
working for or operates a nonconsent towing company, must have physical possession of 7
a derelict motor vehicle certificate, transferred title or certificate of destruction for such 8
vehicle. 9
R. It shall be a violation of this Ordinance for any non-consent towing company to fail to 10
respond in writing within ten (10) business days to any written inquiry or request for 11
information from the Division or any law enforcement agency. 12
13
Section 17. Consent-Only Towtruck Company Requirements. 14
A. It shall be a violation of this Ordinance for any towtruck company that has been issued a 15
Consent-Only Towing Operating Permit to perform non-consent towing services. 16
B. Consent-Only towtruck companies providing services pursuant to this Ordinance shall 17
not do so when there is a person occupying the vehicle/vessel. 18
C. Consent-Only towtruck companies providing services pursuant to this Ordinance shall 19
transport the vehicle/vessel directly to the location specified by the vehicle owner or duly 20
authorized agent. 21
D. It shall be a violation of this Ordinance for any consent-only towing company to fail to 22
respond in writing within ten (10) business days to any written inquiry concerning public 23
safety from the Division or any law enforcement agency. 24
25
SECTION 18. Maximum Non-Consent Towing and Storage Rates for Non-26
Consent Tow Services. 27
28
A. The Commission shall, by Resolution establish maximum rates, as may be amended from 29
time to time, for nonconsent towing services as follows: 30
1. Towing service per call, which shall include the first thirty (30) minutes that the 31
towtruck is actually on the scene engaged in the safe removal of a vehicle/vessel. 32
2. Mileage (per towed mile) according to Section 715.07, Florida Statutes. 33
3. Storage may be charged only after the vehicle has been in the storage facility for 34
at least 6 hours. If the vehicle was not recovered by the vehicle/vessel owner or 35
authorized driver/agent after the 6-hour time period has elapsed, then storage 36
charges shall accrue in 24-hour increments from the time the vehicle/vessel 37
arrived in the storage facility and: 38
a. The police agency has authorized the vehicle/vessel to be impounded, or 39
b. The appropriate police agency has been notified by the towtruck company 40
that the towtruck company is in possession of a vehicle/vessel as a result 41
of a private property impound. 42
4. Indoor storage rates may only be charged upon the express direction and written 43
authorization of the owner/authorized driver/agent, lien holder, insurance 44
company representative or investigating police agency. The only exceptions to 45
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this rule are: 1
a. When the condition of the vehicle requires indoor storage due to inclement 2
weather conditions or the vehicle’s window(s) and/or convertible top is 3
down and cannot be raised and indoor storage is necessary to protect the 4
vehicle and its contents, or 5
b. When a municipal or county jurisdiction require indoor storage for towed 6
vehicles. 7
5. An Administrative/Lien Fee shall only be charged after the vehicle/vessel has 8
been in the storage facility for at least twenty-four (24) hours and: 9
a. The police agency has authorized the vehicle/vessel to be impounded, or 10
b. The police agency has been notified by the towtruck company that the 11
towtruck company is in possession of a vehicle/vessel as a result of a 12
private property impound. 13
c. The non-consent towtruck company must show proof that lien letter(s) 14
have been prepared with the appropriate names/addresses (i.e., U.S. Mail 15
Certification Number, correspondence copies, etc.) and that actual fees for 16
obtaining required ownership information have been expended. Failure to 17
document and provide all of the above required information will result in 18
administrative/lien fee charges being removed from the total cost of the 19
service/invoice and is a violation of this Ordinance. 20
6. Underwater recovery performed by a certified/professional diver with the written 21
documentation and approval of the investigating law enforcement agency/officer. 22
7. Hazardous material clean-up and disposal as required, mandated and/or licensed 23
through federal, state or local laws and approved by the investigating law 24
enforcement agency/officer. 25
8. After-hour Gate fees may not be applied between the hours of 8 a.m. and 6 p.m. 26
Monday through Friday (excluding federal holidays) and not for six (6) hours 27
after a vehicle has been impounded all other times when: 28
a. Impounded vehicles/vessels are recovered by the owner or authorized 29
driver/agent; or 30
b. The owner or authorized driver/agent wishes to recover property from an 31
impounded vehicle/vessel. 32
9. Extra Time at Scene/Labor Charge may be applied when any extra time beyond 33
one-half hour, is needed to safely remove a vehicle or vessel and includes the 34
amount of time spent at a scene when a towtruck has been summoned and is on 35
scene but unable to proceed through no fault of the towtruck operator. All extra 36
time/labor shall be documented by the towtruck driver and shall include the name 37
of the law enforcement agency and the law enforcement agency case number or 38
the officer’s name and badge number. The documentation shall also include a 39
detailed explanation of the services rendered which necessitated the charges and 40
if possible photographs of the scene. Extra time shall be charged in 15-minute 41
increments. Failure to document and provide all of the above required 42
information will result in the extra time/labor charges being removed from the 43
total cost of the service/invoice and is a violation of this Ordinance. 44
B. All rates established shall be uniform throughout Palm Beach County both in the 45
Palm Beach County Towtruck Ordinance 2010-001
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incorporated and unincorporated areas, except where municipalities have established 1
differing maximum rates for their jurisdictions. From time to time, the rates established 2
by the Commission may be revised in accordance with a rate study. 3
C. Persons who provide services pursuant to this section shall not charge in excess of the 4
maximum allowable rates established by the Commission. No person providing services 5
pursuant to this section shall charge any type of fee other than the rates for which the 6
Commission has specifically established. Towtruck companies which tow 7
vehicles/vessels from Palm Beach County into another county shall abide by the terms of 8
this Ordinance including all rates and charges adopted by the Commission. 9
D. Towtruck companies which provide services pursuant to this section shall display on the 10
same sign as the rate schedule required by this Ordinance the following statement: 11
To The Vehicle/Vessel Owner 12
If you believe that you have been overcharged for the services rendered, you do 13
not have to pay your bill to get your vehicle/vessel. Instead, you have the right to 14
post a bond in the Circuit Court, payable to (name of Towtruck Company), in the 15
amount of the final bill for services rendered, and to file a complaint within ten 16
(10) days of the time you have knowledge of the location of the vehicle/vessel. 17
The Court will decide later who is correct. If you show (name of Towtruck 18
Company) a valid Clerk’s certificate showing you have posted a bond, (name of 19
Towtruck Company) must release your vehicle/vessel to you immediately. This 20
remedy is in addition to other legal remedies you may have. Section 713.76 and 21
Section 713.78, Florida Statutes. 22
23
If you have a complaint about the way services were provided, you may call the 24
Palm Beach County Consumer Affairs Division, (561) 712-6600. 25
26
E. Each towtruck company shall maintain, on a form approved by the Division, a rate sheet 27
specifying all rates and charges, which shall be given by the towtruck driver to the 28
requesting vehicle/vessel owner or his authorized driver/agent prior to commencing the 29
service. 30
31
Section 19. Towtruck Driver Requirements; Failure to Comply 32
A. It shall be unlawful for any person to operate any towtruck within and upon the streets of 33
Palm Beach County without having first obtained a Palm Beach County Towtruck 34
Driver’s identification badge (Tow Driver’s I.D. Badge). All applicants for a Tow 35
Driver’s I.D. Badge shall conform to the following: 36
1. Be at least eighteen (18) years of age; 37
2. Possess a valid State of Florida Driver’s License as required by the Florida 38
Department of Highway Safety and Motor Vehicles and must show proof that 39
he/she has possessed a valid driver’s license from any state within the United 40
States for three (3) years (2 years for drivers younger than 21 years old) prior to 41
applying for a Tow Driver’s I.D. Badge. If a person has not driven for three (3) 42
years in the United States, he/she must obtain the driving record from any other 43
jurisdictions where he/she did drive or if he/she is unable to obtain the driving 44
record, must sign an affidavit under penalty of perjury that he/she has no driving 45
Palm Beach County Towtruck Ordinance 2010-001
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record which would prevent him/her from driving a towtruck in Palm Beach 1
County, Florida; 2
3. The driver must provide the original form of his/her lifetime State of Florida 3
Department of Highway Safety and Motor Vehicles traffic/driving record report 4
to the Division which was secured no more than thirty (30) days before the 5
application/renewal was submitted, only if the Division is unable to secure this 6
required information. Upon initial application, if a driver has resided in Florida 7
less than five (5) consecutive years, a traffic/driving record/history from each 8
state where he/she previously resided must be provided for at least a five year 9
period; 10
4. Has not had more than three (3) or more separate incidents involving moving 11
violations in any twelve (12) month period in the previous three (3) years prior to 12
the initial application or renewal of a Tow Driver’s I.D. Badge in which the 13
applicant pled guilty, was found guilty or adjudication was withheld. 14
5. Has not been classified as a habitual traffic offender (as defined by Florida 15
Statutes) or as defined by the state where he/she previously resided within five (5) 16
years of applying for a Tow Driver’s I.D. badge and was not previously issued a 17
Tow Driver’s I.D. Badge by the Division; 18
6. Upon initial application or renewal, the driver must provide the original request 19
form for his/her Florida Department of Law Enforcement (FDLE) criminal 20
history/records report to the Division, as well as payment for the amount required 21
to secure the criminal history/records report. The Division shall then be 22
responsible for processing the request and payment to the FDLE. The Division 23
may conduct additional criminal history/records reports of other 24
states/jurisdictions as deemed appropriate. The Division may require an applicant 25
to submit to a finger print analysis if there is a question of identity. The 26
Commission may approve a different means of securing the required criminal 27
history/records should an alternative agency/system be discovered that provides 28
more complete information than that provided by the FDLE. 29
7. Have no conviction or plea of guilty or nolo contendere, regardless of 30
adjudication of guilt, within the preceding five (5) years from the date of 31
application for any offense related to driving a motor vehicle under the influence 32
or while intoxicated. 33
8. Have no more than one conviction or plea of guilty or nolo contendere, regardless 34
of adjudication of guilt, within the preceding ten (10) years from the date of 35
application for any offense related to driving a motor vehicle under the influence 36
or while intoxicated. 37
9. Have no more than two (2) traffic citations resulting from accidents in the three 38
(3) years preceding the date of the current permit year wherein the driver has been 39
found guilty. 40
10. Has not been required to register as a sexual offender in any government 41
jurisdiction. 42
11. Have no conviction or plea of guilty or nolo contendere, regardless of 43
adjudication of guilt, within the preceding three (3) years from the date of 44
conviction or release from incarceration (whichever is later) if the applicant’s 45
Palm Beach County Towtruck Ordinance 2010-001
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civil rights have not been restored, including but not limited to the following first-1
degree misdemeanors determined by the Commission to be necessary for the 2
protection of public safety: stalking, battery, driving while license is suspended or 3
revoked, exposure of sexual organs, carrying a concealed weapon, reckless 4
driving which causes damage to property, racing on highway, criminal possession 5
of a controlled substance/paraphernalia, luring or enticing a child under twelve 6
(12), or obscenity (selling/distributing sexual material to minor). In the event the 7
applicant’s civil rights have been restored, the I.D. Badge may be denied or 8
revoked if the crime committed is deemed to be directly related to operating a 9
towtruck or towing business. 10
12. Have no conviction or plea of guilty or nolo contendere, regardless of 11
adjudication of guilt, within the preceding five (5) years from the date of 12
conviction or release from incarceration (whichever is later) if the applicant’s 13
civil rights have not been restored, including but not limited to the following 14
felonies determined by the Commission to be necessary for the protection of 15
public safety: battery, carrying a concealed weapon, robbery (not armed), 16
burglary (not 1st degree), repossession of a motor vehicle under Chapter 493, 17
repair of a motor vehicle under ss. 559.901-559.9221, F.S., theft of a motor 18
vehicle under s. 812.014, F.S., carjacking under s. 812.133, F.S., operation of a 19
chop shop under s. 812.16, F.S., overcharging for repairs and parts for insurance 20
purposes under 860.15, F.S., criminal sale of a controlled substance, criminal 21
possession of controlled substance/paraphernalia, obscenity (selling/distributing 22
sexual material to a minor or exchanging computer pornography with a minor), a 23
habitual felony offender, aggravated assault, child abuse/neglect, reckless driving 24
with serious bodily injury, fleeing/attempting to elude a law enforcement officer, 25
aggravated fleeing or eluding a law enforcement officer causing serious body 26
injury, luring or enticing a child under twelve (12) (2nd conviction), resisting an 27
officer with violence, procuring a person under eighteen (18) for prostitution, 28
selling or buying minors for sex trafficking/prostitution, 29
forcing/compelling/coercing a person for prostitution, or abuse/aggravated 30
abuse/neglect of an elderly person or a disabled adult. The Division may require 31
applicants to provide the final disposition for felony criminal cases on 32
background checks received by the Division from any source. Failure to provide 33
the disposition of such cases shall result in the denial of a Tow Driver’s I.D. 34
badge. In the event the applicant’s civil rights have been restored, the I.D. Badge 35
may be denied or revoked if the crime committed is deemed to be directly related 36
to operating a towtruck or towing business. 37
13. Have no conviction, plea of guilty, nolo contendere or adjudication withheld of 38
any of the following offenses determined by the Commission to be necessary for 39
the protection of public safety, if the applicant’s civil rights have not been 40
restored. In the event the applicant’s civil rights have been restored, the I.D. 41
Badge may be denied or revoked if any of the following crimes committed are 42
deemed to be directly related to operating a towtruck or towing business: 43
(a) Murder, attempted murder, attempted felony murder, manslaughter, (F.S. 44
Chapter 782) 45
Palm Beach County Towtruck Ordinance 2010-001
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(b) DUI manslaughter (F.S. 316.193(3)); 1
(c) Sexual battery, attempted sexual battery (F.S. 794.011); 2
(d) Lewd or lascivious battery, attempted lewd or lascivious battery, lewd or 3
lascivious molestation, lewd or lascivious conduct, or lewd or lascivious 4
exhibition (F.S. Chapter 800); 5
(e) Lewd or lascivious offense upon or in the presence of an elderly or 6
disabled person, attempted lewd or lascivious offense upon or in the 7
presence of an elderly or disabled person (F.S. 825.1025); 8
(f) Sexual performance by a child, attempted sexual performance by a child 9
(F.S. 827.071); 10
(g) Aggravated child abuse (F.S. 827.03); 11
(h) Failure to register as a sexual predator (F.S. 775) or sexual offender (F.S. 12
943.0435); 13
(i) Computer pornography, transmission of computer pornography, buying or 14
selling of minors (F.S. Chapter 847); 15
(j) Kidnapping, attempted kidnapping, false imprisonment, or luring and 16
enticing a child (F.S. Chapter 787); 17
(k) Aggravated battery, attempted aggravated battery (F.S. 784); 18
(l) Armed robbery, attempted armed robbery, carjacking, attempted 19
carjacking, home invasion, attempted home invasion (F.S. Chapter 812); 20
(m) Poisoning of food or water (F.S. 859.01); 21
(n) First degree burglary or attempted first degree burglary (F.S. 810.02); 22
(o) Arson or attempted arson (F.S. 806.01); 23
(p) Aggravated stalking (F.S. 784.048); 24
(q) Aggravated battery or aggravated assault on a law enforcement officer or 25
other specified officer (F.S. 784.07); 26
(r) Aircraft piracy (F.S. 860.16); 27
(s) Unlawful throwing, projecting, placing, or discharging of any destructive 28
device or bomb or attempting to do so (F.S. 790.161); 29
(t) Facilitating or furthering terrorism (F.S. 775.31); 30
(u) Treason (F.S. 876.32); 31
(v) Any offense committed in another jurisdiction that would be an offense 32
listed in this paragraph if that offense had been committed in the State of 33
Florida. 34
14. In addition, the person has not been declared to be one of the following: 35
(a) A Habitual Violent Felony Offender under F.S. 775.084(1)(b); 36
(b) A Three-time Violent Felony Offender under F.S. 775.084(1)(c); 37
(c) A Violent Career Criminal under F.S. 775.084; 38
(d) A Prison Releasee Reoffender under F.S. 775.082(9)(a); 39
(e) A Sexual Predator under F.S. 775.21; 40
15. A towtruck driver with a current I.D. badge is required to notify the Division 41
within ten (10) business days upon being convicted of any crime. 42
16. Applicants shall have no unsatisfied civil penalties, judgments or administrative 43
orders pertaining to this Ordinance. 44
17. Every application or renewal application for a Tow Driver’s I.D. badge and 45
Palm Beach County Towtruck Ordinance 2010-001
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application for amendment of a Tow Driver’s I.D. badge, shall be in writing and 1
signed by the applicant and shall be filed with the Palm Beach County Division of 2
Consumer Affairs on a form provided by the Division together with the non-3
refundable Tow Driver’s I.D. badge fees which shall not be subject to proration. 4
5
Each Tow Driver’s I.D. badge shall be valid for a two-year period and shall be 6
renewed every other year on the applicant’s date of birth. The Division may deny 7
or revoke a Tow Driver’s I.D. badge if it is determined that the applicant has 8
misrepresented, omitted, or concealed a fact on the application, renewal 9
application or replacement application. If the Tow Driver’s I.D. badge is denied, 10
the DCA shall not accept an application for said Tow Driver’s I.D. badge for one 11
(1) year from the date the badge is denied, unless there is less than one (1) year to 12
satisfy the time restrictions in paragraph (1) above related to the following 13
subparagraphs: (d), (e), (g), (h), (i), (j), or (k). In such situations, the applicant 14
will be permitted to reapply for a Tow Driver’s I.D. badge after the time 15
requirements have been satisfied. If the Tow Driver’s I.D. badge is revoked, the 16
DCA shall not accept an application for said Tow Driver’s I.D. badge for one (1) 17
year from the date the badge is revoked. Any person renewing a Tow Driver’s 18
I.D. badge must file a renewal application, furnish the documentation requested 19
by the Division, and submit payment for the required non-refundable renewal 20
fee(s) not more than ninety (90) days before the expiration date of a Tow Driver’s 21
I.D. badge. Persons who fail to reapply for their Tow Driver’s I.D. badge thirty 22
(30) days prior to expiration, risk having a gap in their authorization to drive a 23
towtruck. Persons who fail to submit their renewal application, required 24
documentation and fees by the expiration date of the Tow Driver’s I.D. badge 25
must pay a non-refundable late fee, over and above the Tow Driver’s I.D. Badge 26
fee. Any applicant who fails to submit a renewal application within one (1) year 27
of the expiration of a current badge will be considered a new applicant when 28
reapplying and no grandfathered provisions will apply. Said fees shall be 29
established by resolution of the Commission; 30
18. Shall submit to photographing (full face exposure/without sunglasses or head 31
coverings) prior to the issuance of the Tow Driver’s I.D. badge by the Division; 32
19. Complete the Tow Driver’s I.D. badge registration affidavits provided by the 33
Division; 34
20. Not possess a suspended or revoked driver’s license as a result of a moving 35
violation or have any outstanding and unsatisfied civil penalties, citations or 36
judgments imposed due to violations of this Ordinance; 37
21. Not violate the terms of a cease and desist order, assurance of voluntary 38
compliance, notice to correct a violation or any other lawful order of the Director; 39
22. Not be enjoined by a court of competent jurisdiction from engaging in the towing 40
business or was enjoined by a court of competent jurisdiction with respect to any 41
of the requirements of this Ordinance; 42
23. Have no conviction or plea of guilty or nolo contendere regardless of adjudication 43
of guilt in any military or foreign jurisdiction, federal, state, county or municipal 44
jurisdiction within the United States for violations analogous or parallel to those 45
Palm Beach County Towtruck Ordinance 2010-001
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violations enumerated in all sections herein. 1
B. The driver of a tow truck shall conspicuously display on the driver’s person through the 2
use of a neck lanyard, or above the waist on the outermost garment, the Tow Driver’s 3
I.D. badge issued pursuant to this Ordinance so that it is visible and available for 4
inspection to the public, Division personnel and all law enforcement officials while 5
engaged and on duty for a towtruck company. 6
C. Each Tow Driver’s I.D. badge shall be developed by the Division. Each driver’s I.D. 7
badge shall, at a minimum, contain the name of the driver, date of expiration, photo of 8
the driver, and such additional terms, conditions, provisions and limitations as were 9
imposed during the approval process. Each company for which a driver will be driving 10
must submit an affidavit (on a form prepared by the Division) or documentation from the 11
insurance company (fax acceptable) that the driver is eligible to be insured under the 12
company’s insurance policy. 13
D. The Division may issue a replacement Tow Driver’s I.D. badge to any driver upon 14
payment of a non-refundable replacement fee, presentation of proof or a sworn affidavit 15
that the driver’s I.D. badge has been lost, stolen or for any other valid reason, and any 16
other documentation or requirement requested by the Division. The replacement fee shall 17
be established by resolution of the Board. 18
E. It shall be unlawful for any person to drive a towtruck unless such person has a valid 19
Tow Driver’s I.D. badge issued pursuant to this Section. 20
F. It shall be unlawful for any person to drive a towtruck for any towtruck company which 21
has not been granted an operating permit pursuant to Section 4 (Operating Permit 22
Required) of this Ordinance. 23
G. It shall be unlawful for any applicant for a Tow Driver’s I.D. badge to misrepresent, omit 24
or conceal a fact on the application, renewal application or replacement application. 25
H. Upon submission of the application, the Division shall provide the driver with a receipt. 26
No applicant shall be permitted to drive a towtruck in Palm Beach County until the 27
Division has issued to him/her a Tow Driver’s I.D. badge. The Division shall provide the 28
Tow Driver’s I.D. badge within ten (10) business days following the submittal of the 29
application and all required documents. In the event the official criminal background 30
records furnished to the Division are insufficient and additional information is necessary, 31
the Division shall be permitted an additional twenty (20) business days to issue the 32
driver’s I.D. badge. The Division will process applications on a more timely basis when 33
the required certified/original criminal and driving background records are submitted 34
with the initial application and an additional rush fee is paid to the Division. Such fee 35
must be approved by the Commission. 36
I. Non-consent towtruck drivers must be hygienically clean, well groomed and neat. 37
Drivers are not permitted to wear open toed shoes and must comply with all state and 38
federal (e.g., O.S.H.A.) safety regulations. Non-consent towtruck drivers are not 39
permitted to wear uniforms purporting to be from a different company or business than 40
the one they actually work or drive for. Failure to abide by these requirements is a 41
violation of this Ordinance. 42
J. Non-consent towtruck drivers shall not use abusive language or be discourteous to 43
consumers or Division personnel. 44
K. Non-consent towtruck drivers must be able speak and understand English to the extent 45
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they can take instruction from law enforcement officers and consumers and complete 1
manifests or invoices. 2
L. Drivers shall cooperate fully at all times with the Division in the furnishing of 3
information required in connection with requests for proof of driver’s license, vehicle 4
insurance and/or Tow Driver’s I.D. badge, during the process of applying to renew a Tow 5
Driver’s I.D. badge, and during investigations of consumer complaints. Further, drivers 6
shall not obstruct, hamper or interfere with an investigation of violations of this 7
Ordinance conducted by Division personnel, any law enforcement officer or employee of 8
any other agency enforcing this Ordinance. 9
M. No person maintaining, owning, or operating a towing company shall suffer or permit 10
any person or employee to drive a towtruck unless such person has a valid Tow Driver’s 11
I.D. badge issued pursuant to this Ordinance. This paragraph shall not apply to a towing 12
company which is training a prospective driver. Such prospective driver must be 13
accompanied by and working under the direct supervision of a company employee who is 14
in possession of a valid Tow Driver’s I.D. badge. 15
N. Failure to comply with the provisions of this Section may result in the Division denying a 16
Tow Driver I. D. badge, revoking or suspending the Tow Driver’s I.D. badge, denying a 17
renewal of such Tow Driver’s I.D. badge, issuing a civil citation, a misdemeanor 18
conviction or other such remedies available to the Division herein. 19
O. Start-Up - Any person acting, on the effective date of this Ordinance as a towtruck driver 20
defined under the terms of this Ordinance, shall be subject to the terms of this Ordinance 21
as of the effective date of this Ordinance. Any such person must submit an initial 22
application for a Tow Driver’s I.D. badge up to thirty (30) days prior to his/her date of 23
birth but in any case no later than his/her date of birth. Any person who has submitted an 24
initial application for a Tow Driver’s I.D. Badge by his/her date of birth shall be 25
permitted to continue acting as a towtruck driver as described in Paragraph I above. 26
27
Section 20. Fraudulent Transfer of Towtruck Company. 28
A transfer of a towtruck company to a successor company shall be deemed a fraudulent transfer 29
if said transfer is made by the towtruck company for the purpose of evading permit fees or civil 30
penalties issued pursuant to this Ordinance. In determining intent to defraud, consideration may 31
be given among other factors to, whether: 32
A. The transfer was to an insider; 33
B. The towtruck company retained possession or control of the property transferred after the 34
transfer; 35
C. The transfer was disclosed or concealed; 36
D. Before the transfer was made or obligation was incurred, the towtruck company had been 37
sued or threatened with suit; 38
E. The transfer was of substantially all the towtruck company’s assets; 39
F. The value of the consideration received by the towtruck company was reasonably 40
equivalent to the value of the asset transferred or the amount of the obligation incurred; 41
G. The towtruck company was insolvent or became insolvent shortly after the transfer was 42
made or the obligation was incurred; 43
H. The transfer occurred shortly before or shortly after substantial permit fees or civil 44
penalties were incurred; and 45
Palm Beach County Towtruck Ordinance 2010-001
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I. The towtruck company transferred the essential assets of the business to a lienor who 1
transferred the assets to an insider of the towtruck company. 2
J. It shall be a violation of this Ordinance for a towtruck company to fraudulently transfer a 3
towtruck company. 4
5
Section 21. Deceptive and Unfair Trade Practices. 6
No person shall engage in any unfair method of competition, unconscionable acts or practices or 7
unfair or deceptive acts or practices in the conduct of towing services. A towtruck company 8
engages in an unfair method of competition or unfair or unconscionable acts or deceptive 9
practices when in the course of his or her business, vocation or occupation, he or she knows or in 10
the exercise of care should know, that he or she in the past engaged or is now engaging in any 11
unfair method of competition or unconscionable acts or practices or unfair or deceptive acts or 12
practices in the conduct of any towing services. 13
14
Section 22. Cease and Desist Order. 15
A. If the Division, after due investigation, has reason to believe that a towtruck company has 16
been or is violating any of the provisions of this Ordinance, then the Division may cause 17
to be served by personal service, certified mail or posting in a conspicuous place at the 18
towtruck company’s place of business, a demand to cease and desist, stating the charges 19
and shall incorporate and set out the following: 20
1. The name of the complainant; 21
2. The alleged charge and approximate date of the commission of the act; 22
3. The section of the ordinance alleged to be involved. 23
B. Any towtruck company which has been issued a cease and desist order by the Division 24
may appeal such order to the Consumer Affairs Hearing Board/Hearing Officer within 25
twenty (20) days of receipt of the order. A nonrefundable filing fee must accompany the 26
written request for appeal. The filing fee shall be established by resolution of the 27
Commission. The appeal shall be reviewed at a hearing of the Consumer Affairs Hearing 28
Board/Hearing Officer within sixty (60) days of receipt by the Division of the request for 29
appeal. 30
C. The Board shall keep a full record of the hearing, which record shall be public and open 31
to inspection by any person, and upon request, the Board shall furnish such party a copy 32
of the hearing record, at such cost as the Commission deems appropriate. 33
D. Procedure at hearings: At the hearing, the towtruck company may be represented by 34
counsel and may bring all original documents and other data pertinent to the case; and 35
will be given an opportunity to present witnesses and evidence he or she may deem 36
appropriate. 37
E. The Consumer Affairs Hearing Board/Hearing Officer shall hear the cases on the agenda. 38
All testimony shall be under oath or by affirmation and shall be recorded. Each case 39
before the Consumer Affairs Hearing Board/Hearing Officer shall be presented by the 40
Division. The Consumer Affairs Hearing Board/Hearing Officer shall take testimony 41
from County staff, if relevant, the alleged violator, and other relevant testimony. Formal 42
rules of evidence shall not apply, but fundamental due process shall be observed and 43
govern the proceedings. Upon determination of the chairperson, irrelevant, immaterial or 44
unduly repetitious evidence may be excluded, but all other evidence of a type commonly 45
Palm Beach County Towtruck Ordinance 2010-001
-39-
relied upon by reasonably prudent persons in the conduct of their affairs shall be 1
admissible, including hearsay evidence, whether or not such evidence would be 2
admissible in a trial in the courts of Florida. Due regard shall be given to the competent, 3
reliable and technical evidence which will aid the Consumer Affairs Hearing 4
Board/Hearing Officer in making a fair determination of the matter, regardless of the 5
existence of any common law or statutory rule which might otherwise make improper the 6
admission of such evidence. 7
F. Any member of the Consumer Affairs Hearing Board/Hearing Officer or the attorney 8
representing the Division may inquire of or question any witness before the Consumer 9
Affairs Hearing Board/Hearing Officer. The alleged violator, or his/her attorney, shall be 10
permitted to inquire of any witness before the Consumer Affairs Hearing Board/Hearing 11
Officer. The right to cross examine witnesses shall be preserved. 12
G. At the conclusion of the hearing, the Consumer Affairs Hearing Board/Hearing Officer 13
shall orally render its decision (order) based on evidence entered into the record. The 14
decision shall be by motion approved by the affirmative vote of those members present 15
and voting. The Consumer Affairs Hearing Board/Hearing Officer’s decision shall be 16
transmitted to the towtruck company in the form of a written order including finding of 17
facts, and conclusion of law consistent with the record. The order shall be transmitted by 18
certified mail/hand delivery/posting to the towtruck company within ten (10) days after 19
the hearing. The order may include a notice that it must be complied with by a specified 20
date. 21
H. Any person may appeal a final determination of the Consumer Affairs Hearing 22
Board/Hearing Officer within thirty (30) days of the rendition of the decision by filing a 23
petition for writ of certiorari in the Circuit Court of the Fifteenth Judicial Circuit in and 24
for Palm Beach County, Florida. 25
26
Section 23. Assurance of Voluntary Compliance. 27
A. In the enforcement of this Ordinance, the Division may accept an assurance of voluntary 28
compliance with respect to any method, act, or practice deemed to be violative of law 29
from any person who has engaged, or was about to engage in, such method, act, or 30
practice. Any such assurance shall be a formal written agreement between the Division 31
and the towtruck company, approved as to form and legal sufficiency by the County 32
Attorney’s Office, and filed with the Clerk of the Circuit Court of the Fifteenth Judicial 33
Circuit. Such assurances of voluntary compliance may be conditioned on a commitment 34
to reimburse consumers or any other appropriate corrective action such as the payment 35
by the towtruck company of the costs of the investigation by the Division. An assurance 36
of voluntary compliance is not evidence of prior violation of this part, however, unless an 37
assurance of voluntary compliance has been rescinded by agreement of the parties or 38
voided by the Court for good cause, subsequent failure to comply with the terms of an 39
assurance of voluntary compliance shall be deemed prima facie evidence of a violation of 40
this Ordinance. No such assurance of voluntary compliance shall act as a limitation upon 41
any action or remedy available to a person aggrieved by a violation of this Ordinance. 42
B. Every towtruck company desiring to negotiate an assurance of voluntary compliance 43
shall be apprised of his or her right to have his or her case heard by the Consumer Affairs 44
Hearing Board/Hearing Officer in the event he or she does not wish to enter into such 45
Palm Beach County Towtruck Ordinance 2010-001
-40-
assurance of voluntary compliance. 1
2
SECTION 24. Enforcement and Penalties: Civil and Criminal. 3
A. It shall be unlawful for any person to violate any of the provisions of this Ordinance. This 4
Ordinance shall be enforced by personnel authorized by the Division, county code 5
enforcement officials, the police agencies of the various municipalities in Palm Beach 6
County and by the Palm Beach County Sheriff's Office. When specifically authorized by 7
the Director, this Ordinance may be enforced by other Palm Beach County personnel. 8
B. Persons who provide services pursuant to this Ordinance shall not use physical force or 9
violence or threats of physical force or violence in dealing with the individuals 10
responsible for administering this Ordinance or individuals who have had or are about to 11
have their vehicles/vessels recovered, towed or removed or stored in connection 12
therewith. 13
C. The County Court shall have jurisdiction over all violations of this Ordinance. 14
D. The Division shall maintain a system by which violators are given citations or written 15
notice of all violations. The County Clerk shall accept designated fines and issue receipts 16
therefore. 17
E. The Division is authorized to enforce the provisions of this Ordinance by administrative 18
fines not to exceed five hundred dollars ($500.00) for each violation. Any person who 19
has violated any provision of this Ordinance shall be fined an amount as established by 20
the Commission by Resolution. Each day of a continuing violation shall be deemed a 21
separate violation. 22
F. Payment shall be made, either by mail or in person, to the Violations Bureau within the 23
time specified upon the citation. If a person follows these procedures, he shall be deemed 24
to have admitted to the infraction and to have waived his/her right to a hearing on the 25
issue of the commission of the infraction. 26
G. All fines collected as a result of said citations (except those fines collected as a result of 27
citations issued by municipal law enforcement officers, which shall be remitted by the 28
Clerk of the Court directly to the municipality issuing the citation) shall be paid into the 29
County Treasury and deposited into the designated fund for the Division. All mandatory 30
costs as required by statute shall be assessed against every person convicted of a 31
violation of this Ordinance. 32
H. Any person who fails to make payments within the time period specified on the citation 33
shall be deemed to have waived his/her right to pay the civil penalty as set forth in the 34
citation and shall appear before the County Court. 35
I. Any person who elects to appear before the court to contest the citation shall be deemed 36
to waive his/her right to pay the civil penalty. The court, after a hearing, shall make a 37
finding as to whether a violation has occurred and may impose a civil penalty not to 38
exceed five-hundred dollars ($500.00) plus court costs. 39
J. If a person fails to pay the civil penalty or fails to appear in court to contest the citation, 40
s/he shall be deemed to have waived his/her right to contest the citation and, in such case, 41
a default judgment shall be entered and the judge shall impose a fine at that time an order 42
to show cause may be issued. If the fine is paid, the case shall be dismissed. If the fine is 43
not paid, judgment may be entered up to the maximum civil penalty of five-hundred 44
dollars ($500.00) plus court costs. 45
Palm Beach County Towtruck Ordinance 2010-001
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K. Any person who refuses to sign and accept a citation issued pursuant to this Ordinance 1
shall be guilty of a misdemeanor of the second degree, punishable as provided by 2
sections 775.082, 775.083 or 775.084, Florida Statutes. 3
L. The Division may require mandatory court appearances for violations resulting in the 4
issuance of a third or subsequent citation to a person. The citation shall clearly inform 5
the person of the mandatory court appearance. The Division shall maintain records to 6
prove the number of citations issued to the person. Persons required to appear in court do 7
not have the option of paying the fine instead of appearing in court. 8
9
SECTION 25. Administrative Enforcement, Denial, Revocation and 10
Suspension of Operating Permits. 11
12
A. The Director is authorized to deny, suspend or revoke operating permits, towtruck decals, 13
upon written notice. Towtruck companies are subject to denial, suspension or revocation 14
when it appears that: 15
1. The towtruck company and/or driver has failed to comply with or has violated the 16
provisions of this Ordinance; 17
2. The towtruck company has failed to comply with or has violated the provisions of 18
Chapter 323 F.S., s. 713.78 and 715.07, F.S.; 19
3. The operating permit was obtained by an application in which any material fact 20
was omitted or falsely stated; 21
4. Any towtruck or equipment owned or operated by the towtruck company and 22
issued a decal pursuant to the Ordinance has been operating in violation of this 23
Ordinance or any provision of law. 24
5. In addition, an operating permit issued pursuant to this Ordinance may be 25
suspended or revoked when the Director receives written notification that 26
towtruck company, towtruck operator’s officer, director or partner pled nolo 27
contendere, pled guilty or has been convicted of any crime designated as a felony 28
(as referenced in Section 5.C.1.[New Applications/Renewals and Issuance of 29
Towing Operating Permit; Fees] of this Ordinance); any crime relating to motor 30
vehicles; or any crime involving the sale or possession of controlled substances as 31
defined by the Florida Rico Act, section 893.03, Florida Statutes, regardless of 32
whether adjudication has been withheld. The only exception to this rule is where 33
the civil rights of such individual has been restored. 34
6. Notwithstanding other suspension, revocation or denial procedures included in 35
this Ordinance, three (3) or more violations of this Ordinance which resulted in 36
civil fines/penalties, judgments or administrative orders entered by the Division 37
and/or a conviction or plea of guilty or nolo contendere resulting from three 38
separate incidents/complaints within a twelve (12) month period shall result in the 39
revocation, suspension or denial of an operating permit for a period of three to 40
five business days. The company is required to pay an administrative reactivation 41
fee established by resolution of the Commission before any towing services can 42
resume in Palm Beach County. Any company found operating during a period of 43
suspension, revocation or denial shall have its operating permit revoked for a 44
period of one (1) year. 45
Palm Beach County Towtruck Ordinance 2010-001
-42-
7. Notwithstanding other suspension, revocation or denial procedures included in 1
this Ordinance, four (4) or more violations of this Ordinance which resulted in 2
civil fines/penalties, judgments or administrative orders entered by the Division 3
and/or a conviction or plea of guilty or nolo contendere resulting from four 4
separate incidents/complaints within a twelve (12) month period shall result in the 5
revocation, suspension or denial of an operating permit for a period of six to 10 6
business days. The company is required to pay an administrative reactivation fee 7
established by resolution of the Commission before any towing services can 8
resume in Palm Beach County. Any company found operating during a period of 9
suspension, revocation or denial shall have its operating period revoked for a 10
period of one (1) year. 11
8. Failed to comply with the terms of a cease and desist order, notice to correct a 12
violation, written assurance of voluntary compliance, or any other lawful order of 13
the Director, the Division, or the Consumer Affairs Hearing Board and/or Hearing 14
Officer. 15
9. Failed to obtain or maintain insurance as required by this Ordinance. 16
10. Misrepresented or concealed a fact on the application, renewal application, or 17
replacement application for a license. 18
11. Engaged in any conduct as a part of the performance of any contract for service 19
which constitutes a deceptive and unfair trade practice or fraud. 20
B. Any company which has violated this Ordinance as provided for in this section, may have 21
its operating permit suspended by action of the Division Director for a period not to 22
exceed thirty (30) days. In such cases the Director shall provide written notice to the 23
company at least ten (10) days prior to the effective date of the suspension. Any 24
company which decides to appeal the suspension by the Director, must submit the written 25
request for an appeal and applicable appeal fee to the Consumer Affairs Division within 26
that ten (10) day period. The written appeal will then effect a “stay” on the suspension 27
until the Consumer Affairs Hearing Board/Special Master makes a final determination as 28
to the merits of the suspension. The appeal hearing shall be conducted as provided for in 29
Section 27 (Hearings and Appeals). If the Hearing Board/Special Master affirms the 30
action of the Director, the suspension becomes effective the day following the decision of 31
the Hearing Board/Special Master. 32
C. Any company which has had its operating permit suspended for a specific Ordinance 33
deficiency but fails to correct that deficiency after thirty (30) days shall have such 34
operating permit revoked for a period of one (1) year from the date of the revocation 35
notice. Such revocation may be appealed as provided for in Section 27. 36
37
Section 26. Additional Penalties. 38
Failure to comply with the requirements of this Ordinance shall also constitute a violation of this 39
Ordinance, and the Consumer Affairs Ordinance of Palm Beach County (No. 77-10, as 40
amended). Violations of this Ordinance may be punishable, upon conviction, pursuant to Section 41
125.69(1), Florida Statutes, by a fine not to exceed five-hundred dollars ($500.00) per violation 42
or imprisonment not exceeding sixty (60) days, or both such fine or imprisonment, or may 43
subject the violator to civil fines based on the issuance of a civil citation. Each day of continuing 44
violation shall be considered a separate offense. In addition to the sanctions contained herein, 45
Palm Beach County Towtruck Ordinance 2010-001
-43-
the County shall take any other appropriate legal action, including but not limited to, cease and 1
desist orders, other administrative action and requests for temporary and permanent injunctions 2
to enforce the provisions of this Ordinance. It is the purpose of this Ordinance to provide 3
additional cumulative remedies. 4
5
SECTION 27. Hearings and Appeals. 6
7
Upon receipt of the notice of denial, revocation, or suspension of an operating permit, which 8
notice shall specify the grounds for the denial, suspension or revocation, the towtruck company 9
shall be entitled to an appeal according to the following: 10
A. Administrative Appeal: Any towtruck company, which has had an operating permit, 11
denied, revoked, or suspended by the Division, may appeal such decision to the 12
Consumer Affairs Hearing Board/Special Master within twenty (20) days of receipt of 13
the decision. A non-refundable filing fee must accompany the written request for appeal. 14
The company or attorney shall file a written notice of appeal signed by the company or 15
attorney requesting a hearing and setting forth a brief statement of the reasons thereof. 16
The filing fee shall be established by resolution of the Commission. The appeal shall be 17
reviewed at a hearing of the Consumer Affairs Hearing Board/Special Master within 18
sixty (60) days of receipt by the Division of the notice of appeal. The towtruck company 19
may be represented by an attorney and shall be entitled to present a defense. 20
B. Orders: At the conclusion of any hearing set forth in this section, the Consumer Affairs 21
Hearing Board/Special Master shall orally render its decision (order) based on evidence 22
entered into the record. The decision shall be by motion approved by the affirmative vote 23
of those members present and voting. The decision shall be stated in a written order and 24
mailed to the towtruck company not later than ten (10) days after the hearing, and shall 25
be deemed final agency action with regard to the matter appealed. 26
C. Court Appeal: Any person may appeal a final determination of the Consumer Affairs 27
Hearing Board/Special Master within thirty (30) days of the rendition of the decision by 28
filing a petition for writ of certiorari in the Circuit Court of the Fifteenth Judicial Circuit 29
in and for Palm Beach County, Florida. 30
D. For purposes of appeal, the FDLE Criminal History/Records Reports and the State of 31
Florida Department of Highway Safety and Motor Vehicles traffic/driving record report 32
shall be deemed prima facie evidence and admitted into evidence before the Consumer 33
Affairs Hearing Board/Special Master. 34
E. Upon receipt of such notice of appeal, the Division shall set a time and place for such 35
hearing and shall give the violator or attorney and the Consumer Affairs Hearing 36
Board/Special Master reasonable notice thereof. All hearings and appeals shall be 37
scheduled and determined as promptly as practicable and in no event more than sixty (60) 38
days from the date of the notice of the written notice of appeal was filed. Written notice 39
of the time, date, and place of the hearing of the appeal by the Division shall be served 40
upon the appellant no later than twenty (20) days prior to the date of the hearing. Said 41
notice of hearing, shall be by personal service, certified mail or posting in a conspicuous 42
place at the towtruck company’s place of business. Failure of the company to respond 43
within the time frames specified herein or failure to appear at a duly noticed hearing shall 44
be deemed a waiver of the right to hearing and an admission of the acts specified in the 45
Palm Beach County Towtruck Ordinance 2010-001
-44-
notice. 1
F. The Consumer Affairs Hearing Board/Special Master shall consider the case record as 2
well as the statement offered by any interested party and shall consider the matter de 3
novo and shall, upon the basis of the record before it, affirm, modify or reverse the 4
decision of the Director. 5
G. If the Consumer Affairs Hearing Board/Special Master affirms the decision of the 6
Director to deny, suspend or revoke an operating permit, the suspension or revocation 7
shall be effective from the date of the Consumer Affairs Hearing Board's/Hearing 8
Officer’s order. A decision to affirm the action of the Director shall constitute final 9
agency action for purposes of further appeal. 10
H. Suspension of the Operating Permit: If, at the conclusion of the hearing, the Consumer 11
Affairs Hearing Board/Special Master decides to suspend the operating permit, a time 12
certain shall be set as the period of suspension. Prior to the end of such time certain, 13
those violations for which the suspension was imposed shall be corrected; otherwise, the 14
suspended permit(s) will be automatically revoked. An Administrative Reactivation fee 15
shall be collected to reinstate the suspended permit(s). The Administrative Reactivation 16
fee shall be established by resolution of the Commission. 17
I. Revocation of Permit/I. D Badge: If, at the conclusion of the hearing, the Consumer 18
Affairs Hearing Board/Special Master decides to revoke an operating permit the 19
individual, driver or towtruck company shall remove and/or return the operating permit 20
to the Division. A towtruck company whose operating permit has been revoked shall not 21
be eligible to reapply as a new applicant for a period of six (6) months from the date of 22
revocation. 23
J. If the Consumer Affairs Hearing Board/Special Master reverses the decision of the 24
Director, it shall direct the Director to issue or restore the towtruck operating permit. 25
K. In the event a written notice of appeal and accompanying filing fees are not submitted 26
within the times frames outlined in this Ordinance, the decision of the Director shall 27
prevail. 28
L. Effect of Appeal: The appeal of the decision of the Director to suspend or revoke an 29
operating permit shall stay the effective date of the suspension or revocation. 30
31
SECTION 28. Scope of Ordinance. 32
A. The provisions of this Ordinance and the relevant Florida Statutes shall be the exclusive 33
regulations applicable to towing, recovery and removal of vehicles/vessels in Palm Beach 34
County and all storage provided therewith. This Ordinance shall be applicable in both the 35
unincorporated and incorporated areas, except that this Ordinance shall not apply in any 36
municipality that has adopted and maintains in effect Ordinances or regulations 37
governing the same matters. 38
B. This Ordinance shall not apply to the towing of a vehicle/vessel which occurs with the 39
consent of the vehicle/vessel’s owner or operator. 40
C. Nothing in this Ordinance shall be construed to prohibit the discharge or storage of a 41
vehicle or vessel lawfully recovered, towed or removed in another county and lawfully 42
transported into Palm Beach County. 43
44
45
Palm Beach County Towtruck Ordinance 2010-001
-45-
SECTION 29. Repeal of Laws in Conflict. 1
All local laws and ordinances in conflict with any provisions of this Ordinance are hereby 2
repealed as it relates to the enforcement of this Ordinance only. 3
4
SECTION 30. Savings Clause. 5
Notwithstanding Section 30, Repeal of Laws in Conflict, all administrative and court orders, 6
fines and pending enforcement issued pursuant to the authority and procedures established by 7
Ordinance 2005-009 shall remain in full force and effect. 8
9
SECTION 31. Inclusion in the Code of Laws & Ordinances. 10
The provisions of this Ordinance shall become and be made a part of the Code of Laws and 11
Ordinances of Palm Beach County, Florida. The sections of this Ordinance may be renumbered 12
or relettered to accomplish such, and the words "ordinance," "article," "section," "subsection," or 13
"paragraph" may be changed to any other appropriate word to accomplish codification. 14
15
SECTION 32. Severability. 16
If any section, paragraph, sentence, clause, phrase, or word of this Ordinance is for any reason 17
held by a court of competent jurisdiction to be unconstitutional, inoperative or void, such holding 18
shall not affect the remainder of this Ordinance. 19
20
SECTION 33. Effective Date. 21
The provisions of this Ordinance shall be effective immediately upon filing with the Department 22
of State. 23
APPROVED AND ADOPTED by the Board of County Commissioners of Palm Beach County,
on the 12th day of January, 2010.
R:\Consumer Affairs\ORDINANCES\TowOrd2010-BCCApproved1-12-10SHORT.doc
EXHIBIT B
.
EXHIBIT C
AGREEMENT BETWEEN
CITY OF PALM BEACH GARDENS
AND
ALL-TIME TOWING, INC.
THIS AGREEMENT is entered into this day of I
201 1, effective immediately, by and between All-Time Towing, Inc., whose address is
1145 Old Dixie Highway, Lake Park, Florida 33403, hereinafter referred to as ‘Vendor”,
and the City of Palm Beach Gardens, a municipal corporation, whose address is 10500
North Military Trail, Palm Beach Gardens, Florida 33410, hereinafter referred to as
“City”.
WITNESSETH 1
The City and Vendor, in consideration of the mutual covenants contained herein
and other good and valuable consideration, the receipt and value of which is hereby
acknowledged by both parties, hereby agree as follows:
1.
2.
3.
The City and Vendor both hereby agree to enter into an agreement for the purpose
of providing towing and storage services, when required, of vehicles from the
streets or other public property within the City limits as requested by the City’s
Police Department and other departments.
All the terms and conditions of this Agreement shall be the terms and conditions as
specifically set forth in Invitation to Bid #2011-005 for the City of Palm Beach
Garden’s Contract for Annual Vehicle Towing Services. The General Terms and
Conditions and Technical specifications (the “ITB”) is attached hereto and
incorporated herein as Exhibit “A. The Vendor’s fully executed Proposal
Submission Statement and Pricing Schedules submitted to the City are attached
hereto and incorporated herein as Exhibit “B”. All insurance documents required
thereby, the fully executed Notification of Public Entity Crimes Law Affidavit, and
any other materials required under the ITB documents are attached hereto and
incorporated herein as Exhibit “C. Both parties hereby agree and acknowledge
that this three- (3) page Agreement, together with all Proposal documents (Exhibits
“A, “B”, and “C”), shall constitute the entire Agreement.
Notice as required in this Agreement shall be sufficient when sent by certified mail
or hand delivered to the parties at the following addresses:
Page 1 of 3
c
City of Palm Beach Gardens
10500 North Military Trail
Palm Beach Gardens, Florida 33410
Attn: Ronald Ferris, City Manager
Vendor
All-Time Towing, Inc.
1145 Old Dixie Highway
Lake Park, Florida 33403
Attn: Anthony S. Ott, President
4. The Vendor shall perform all work required in accordance with the ITB
specifications.
5. The initial term of this Agreement shall be for a period of five (5) years and will
commence on the date first written hereinabove (the “effective date”). By mutual
written agreement, this Agreement may be renewed based upon the same terms
and conditions.
6. If any legal action or other proceeding is brought for the enforcement of this
Agreement, or because of an alleged dispute, breach, default, or misrepresentation
in connection with any provisions of this Agreement, the successful or prevailing
party or parties shall be entitled to recover reasonable attorneys’ fees, court costs,
and all expenses, even if not taxable as court costs (including, without limitation, all
such fees, costs, and expenses incidental to appeals), incurred in that action or
proceeding, in addition to any other relief to which such party or parties may be
entitled.
7. If any term, covenant, condition, or provision of this Agreement shall be ruled by a
court of competent jurisdiction to be invalid, void, or unenforceable, the remainder
shall remain in full force and effect and shall in no way be affected, impaired, or
invalidated.
8. This Agreement shall be construed in accordance with the laws of the State of
Florida. Should any dispute arise from this Agreement, venue shall lie in Palm
Beach County, Florida. Furthermore, the parties hereby waive their respective
rights to a trial by jury.
9. This three- (3) page Agreement, along with all other documents referred to in
paragraph 2 above, constitutes the entire agreement between the parties; no
modification shall be made to this Agreement unless such modification is in writing,
agreed to by both parties, and attached hereto as an addendum to this Agreement.
Page 2 of 3
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the
date first written above.
CITY OF PALM BEACH GARDENS, FLORIDA
David Levy, Mayor
ATTEST:
Patricia Snider, CMC, City Clerk
APPROVED AS TO FORM
AND LEGAL SUFFICIENC
I ALL-TIME TOWING, INC. n
By:
(CORPORATE SEAL)
WITNESSES:
A.
G:\attorney-share\AGREEMENTS\towing agreement - all time towing-201 1 .docx
Page 3 of 3
EXHIBIT A
CITY OF PALM BEACH GARDENS
INVITATION TO BID #2011-005
ANNUAL VEHICLE TOWING SERVICES
DEADLINE FOR PROPOSALS: AUGUST 15, 2011
City of Palm Beach Gardens ITB# 2011-005 Annual Vehicle Towing Services
Page 2
TABLE OF CONTENTS
PAGE
LEGAL ADVERTISEMENT 3
SECTION 1 – INTRODUCTION AND INFORMATION 4
SECTION 2 – GENERAL CONDITIONS 7
SECTION 3 – SPECIAL CONDITIONS 14
SECTION 4 – SCOPE OF SERVICES/ TECHNICAL SPECIFICATIONS 17
SECTION 5 – PRICING SCHEDULE 23
SECTION 6 – REQUIRED FORMS 24
SECTION 7 – SAMPLE AGREEMENT 31
ATTACHMENT A
PALM BEACH COUNTY TOWING ORDINANCE 2010-001
City of Palm Beach Gardens ITB# 2011-005 Annual Vehicle Towing Services
Page 3
CITY OF PALM BEACH GARDENS
10500 NORTH MILITARY TRAIL
PALM BEACH GARDENS, FLORIDA 33410-4698
LEGAL ADVERTISEMENT
AUGUST 01, 2011
INVITATION TO BID # 2011-005
ANNUAL VEHICLE TOWING SERVICES
The City of Palm Beach Gardens is seeking bids from qualified firms to provide Vehicle Towing
Services for the City’s Police Department and other departments as required, in accordance with the
terms, conditions, and specifications contained in Invitation to Bid #2011-005.
Note: This DOES NOT include the removal of abandoned, wrecked, or junked vehicles on PRIVATE
property declared to be a nuisance under City Code Section 34-181.
Invitations to Bid (ITB) documents are available beginning August 01, 2011, at 8:00 a.m. EST by going
to the City of Palm Beach Gardens website at http://www.pbgfl.com/bids under “PBG Government/
Bids” and following the link for Demand Star, or by contacting the City Clerk’s Office at (561) 799-4121.
Sealed bids must be clearly marked “ITB 2011-005 Annual Vehicle Towing Services” and delivered
to the Office of the City Clerk at 10500 North Military Trail, Palm Beach Gardens, Florida 33410.
The deadline for submission of bids is Monday, August 15, 2011 at 2:00 p.m. EST. At that time, the
bids will be publicly opened and read aloud in the City Hall Council Chambers, 10500 North Military
Trail, Palm Beach Gardens, Florida 33410. Late proposals will not be accepted and returned to the
sender unopened.
It is the responsibility of the bidder to ensure all pages are included in the submission. All bidders are
advised to closely examine the ITB package. Any questions regarding the completeness or substance
of the of the ITB package or scope of services must be submitted in writing via email or fax to Michael
Morrow, Operations Director, mmorrow@pbgfl.com, or (561) 775-8279 no later than Monday, August
08, 2011 at 5:00 p.m. EST. The City of Palm Beach Gardens is exempt from Federal and State Taxes
for tangible personal property tax.
The City of Palm Beach Gardens reserves the right to accept or reject any or all bid submittals, in whole
or in part, with or without cause, to waive any irregularities and/or technicalities, and to award the
contract on such coverage and terms it deems will best serve the interests of the City.
CITY OF PALM BEACH GARDENS
Patricia Snider, CMC, City Clerk
Publish: Palm Beach Post
Sunday, July 31, 2011
City of Palm Beach Gardens ITB# 2011-005 Annual Vehicle Towing Services
Page 4
SECTION 1
INTRODUCTION AND INFORMATION
1.1 PURPOSE AND INTENT
The City of Palm Beach Gardens (City) seeks the services of a qualified firm(s) (Bidder) to
provide towing and storage services, when required, of vehicles from the streets or other public
property within the City limits as requested by the City’s Police Department and other
departments. This DOES NOT include the removal of abandoned, wrecked, or junked vehicles
on PRIVATE property declared to be a nuisance under City Code Section 34-181.
Maximum charges for services will be set by the City of Palm Beach Gardens City Council using
Palm Beach County Towing Ordinance 2010-001 (see Attachments for County Ordinance), as
amended from time to time, as a guideline. These rates will be the only rates charged to the
vehicle owners under this agreement.
The intent of this solicitation is to establish a contract to provide prompt, reliable, and efficient
services at a uniform and reasonable cost.
The City desires to award contracts to a minimum of three (3), maximum of five (5) qualified tow
companies to provide Class A, B, and C towing services.
1.2 INTERPRETATION/ COMMUNICATION
If any potential Bidder is in doubt as to the true meaning of the technical specifications,
procedures for responding to the ITB, etc., the Bidder may submit a request for clarification to
Michael Morrow, Operations Director, at mmorrow@pbgfl.com or via fax (561) 775-8279.
Such contact shall be for clarification purposes only. Bidders discovering any ambiguity,
conflict, discrepancy, omission, or other error in this ITB, shall immediately notify the City of
such error in writing and request modification or clarification of the ITB.
If any material changes to the scope of services or bidding procedures become necessary, the
City will issue an Addendum. A copy of the Addendum will be sent to DemandStar which will
provide notification to all prospective Bidders who received an original ITB from DemandStar
(Those who are on the Plan Holders List). Addenda will be posted and disseminated by
DemandStar at least five (5) days prior to the bid opening date. Bidders registered as obtaining
printed bid documents directly from the City Clerk’s Office will be added to the Plan Holders List
on DemandStar and will receive Addenda via DemandStar.
In the event of conflict with the original bid documents, the Addendum shall govern all other bid
and contract documents to the extent specified. Subsequent Addenda shall govern over prior
Addenda only to the extent specified.
Additionally, the City prohibits communications initiated by a Bidder with any City official or
employee evaluating or considering the bids, other than requests for clarification regarding
technical specifications or bidding procedures, prior to the time an award decision has been
made, except as initiated by the appropriate City official or employee in order to obtain
information or clarification needed to develop a proper, accurate evaluation of the bid.
Communications so initiated by a Bidder may be grounds for disqualifying the offending bidder
from consideration for award of the bid and/or any future bids.
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1.3 ELIGIBILITY
To be eligible for consideration for this contract, Bidders must demonstrate that they have
successfully completed services similar to those specified in the Scope of Services section of
this ITB. The Bidder must be normally engaged in providing towing services in the State of
Florida, have prior successful experience in providing similar services during the past three (3)
years, have satisfactory financial support, required equipment, and organization sufficient to
ensure that they can satisfactorily provide contracted services.
Bidder shall not have any pending criminal charges against the firm, principal owners, partners,
corporate officers, or management employees.
Bidder must include as a part of the ITB submittal, a minimum of three (3) client references;
preferably other governmental entities, and sufficient documentation to support their
qualifications, abilities, and experience to perform the services contained in the ITB.
The City reserves the right to inspect the Bidder’s facilities, equipment, personnel, and
organization prior to award to determine the Bidder’s ability to perform.
1.4 CONTRACT TERM
The term of the contract shall be for an initial two (2) year period from the effective date of the
award. Prices shall be firm for the initial two (2) years. The contract may be renewed for three
(3) additional one (1) year terms upon the mutual written agreement of both parties.
1.5 SUBMITTION REQUIREMENTS
Bid packages must contain one (1) original, plus two (2) complete copies (total of 3), and one
(1) electronic version on CD. The original must be marked “ORIGINAL”. Each copy must be
identical to the original and the file format on the CD should be in Portable Data Format (pdf ).
The City will not accept or consider bids submitted by electronic transmission (i.e. facsimile, e-
mail or any other electronic means).
Bids should be prepared simply and economically, providing a straightforward, concise
description of the Bidder's ability to fulfill the requirements of the contract.
(See Section 2.4 for more details)
1.6 SUBMISSION DEADLINE DATE
Sealed bids will be received no later than Monday, August 15, 2011 at 2:00 p.m. EST. Bids will
not be accepted after this time.
1.7 COST(S) INCURRED TO RESPOND
All costs incurred in the preparation and submission of responses to this ITB, are the sole
responsibility of the Bidder; no such costs will be reimbursed by the City.
1.9 CONTRACT AWARD
This bid shall be awarded to the lowest responsive and responsible Bidder(s) whose bid(s) meet
all requirements as set forth in this solicitation. The lowest responsive and responsible
Bidder(s) will be determined in conjunction with the method of award which is described in the
Special Conditions.
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The City shall award a contract to a Bidder(s) through action taken by the City Council or the
City Manager.
The General Conditions, Special Conditions, Technical Specifications, and the Bidder’s bid form
are collectively an integral part of the contract between the City and the successful Bidder.
END OF SECTION 1
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SECTION 2
GENERAL CONDITIONS
2.1 BID BROADCAST
The City of Palm Beach Gardens issues Invitations to Bid electronically via DemandStar's
eProcurement bid distribution system. Obtaining Invitations to Bid through DemandStar will
ensure that the Bidder will have the following capabilities: receipt of Invitation to Bid
electronically, ability to track the status of award activity, receive addenda, receive the results of
awards, and view plans and blueprints online electronically. Bidders who obtain specifications
and plans from sources other than DemandStar are cautioned that the Invitation to Bid package
may be incomplete. The City will not accept incomplete bid packages.
DemandStar has no affiliation with the City of Palm Beach Gardens other than as a service that
facilitates communication between the City and vendors. DemandStar is an independent entity
and is not an agent or representative of the City. Communications to DemandStar does not
constitute communications to the City. Contact DemandStar at 800-711-1712 or visit
www.demandstar.com/supplier for more information.
The City is not responsible for errors and omissions occurring in the transmission or
downloading of any quote documents, plans, or specifications from this website. In the event of
any discrepancy between information on this website and the hard copy quote documents, the
terms and conditions of the hardcopy document will prevail.
2.2 DEFINITIONS
The City will use the following definitions in its general conditions, special conditions, technical
specifications, instructions, addenda, and any other document used in the bidding process:
1. Invitation to Bid (ITB) – formal request for bids from qualified Bidders
2. Request for Proposals (RFP) – formal request for proposals from qualified
Proposers
3. Bid – a price and terms quote received in response to an ITB
4. Proposal – an offer received in response to an RFP
5. Bidder – person or firm submitting a Bid
6. Proposer – person or firm submitting a Proposal
7. Responsive Bidder – a person whose bid conforms in all material respects to the
terms and conditions included in the ITB
8. Responsible Bidder – a person who has the capability in all respects to perform
in full the contract requirements, as stated in the ITB, and the integrity and
reliability that will assure good faith performance
9. Contractor – successful Bidder or Proposer who is awarded a contract to provide
goods or services to the City
10. Contract – A deliberate written agreement between two or more competent
parties to perform or not to perform a certain act or acts, including all types of
agreements, regardless of what they may be called, for the procurement or
disposal of equipment, materials, supplies, services or construction.
2.3 SPECIAL CONDITIONS
Any and all Special Conditions contained in this ITB that may vary or conflict with these General
Conditions, shall have precedence over these General Conditions.
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2.4 BID SUBMISSION
The complete bid must be submitted in a sealed envelope, box, or package, and be clearly
marked on the outside with the following:
1. Vendor’s name
2. Address
3. Telephone number
4. Fax number
5. Contact name
6. Bid Title
7. Date and Time to be opened
Bids must be submitted to:
The City of Palm Beach Gardens
Attention City Clerk’s Office
10500 N. Military Trail
Palm Beach Gardens, Florida 33410
It is the sole responsibility of the Bidder to ensure that his/her/its submission reaches the City
Clerk’s Office on or before the deadline date and time to receive consideration. Receipt by any
other City office, receptionist, or personnel other than the Clerk’s Office does not constitute
“receipt” as required by this solicitation. The City Clerk’s time stamp shall be conclusive as to
the timeliness of receipt. Invitations to Bid received after the deadline will not be accepted and
will be returned to the sender unopened.
All bids are subject to the conditions specified herein along with the special conditions, technical
specifications, pricing schedule and bid/proposal form.
2.5 BID OPENINGS
Bids shall be opened and publicly read into record in the City Hall Council Chambers at 10500
North Military Trail, Palm Beach Gardens, Florida 33410, on Monday, August 15, 2011 at 2:00
p.m. EST.
2.6 BID TABULATIONS
Bidders desiring a copy of the bid tabulation may request same by enclosing a self addressed,
stamped envelope with the bid.
2.7 PRICES QUOTED
Deduct trade discounts and quote firm net prices. Give both unit price and extended total, when
requested. Prices must be stated in units of quantity specified in the bid specifications. In case
of discrepancy in computing the amount of the bid, the unit price quoted will govern. All prices
quoted must be F.O.B. destination, freight prepaid, and installed. All discounts are to be
included in bid unit price. Each item must be bid separately. No attempt is to be made to tie
any item or items in with any other item or items. Cash or quantity discounts offered will not be
a consideration in determination of award of Bid(s). All prices quoted shall be guaranteed for
sixty (60) days from bid date unless otherwise specified in Special Conditions.
2.8 TAXES
The City of Palm Beach Gardens is exempt from Federal and State Taxes for tangible personal
property.
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2.9 MISTAKES
Bidders are cautioned to examine all terms, conditions, specifications, drawings, exhibits,
addenda, delivery instructions and special conditions pertaining to the ITB. Failure of the Bidder
to examine all pertinent documents shall not entitle him/her/it to any relief from the conditions
imposed in the contract.
2.10 PUBLIC RECORDS
Florida law provides that municipal records shall at all times be available to the public for
inspection. Chapter 119.01, Florida Statues, the Public Records Law. All material submitted in
connection with a bid response shall be deemed to be public record subject to public inspection
upon award, recommendation for award, or ten (10) days after bid opening, whichever occurs
first. However, certain exemptions to public disclosure are statutorily provided for in Section
119.07, Florida Statues If the Bidder believes any of the information contained in his/her/its bid
is considered confidential and/or proprietary, inclusive of trade secrets as defined in s. 812.081,
Florida Statues, and is exempt from the Public Records Law, then the Proposer, must in
his/her/its response, specifically identify the material which is deemed to be exempt and city the
legal authority for the exemption. All materials that qualify for exe mption from Chapter 119,
Florida Statues or other applicable law must be submitted in a separate envelope, clearly
identified as “EXEMPT FROM PUBLIC DISCLOSURE” with the firm’s name and the bid number
clearly marked on the outside. The City will not accept bids/proposals when the entire proposal
is labeled as exempt from disclosure. The City’s determination of whether an exemption applies
shall be final, and the Proposer agrees to defend, indemnify, and hold harmless the City and the
City’s officers, employees, and agents, against any loss or damages incurred by any person or
entity as a result of the City’s treatment of records as public records.
2.11 CONFLICT OF INTEREST
All Bidders must disclose with their bid the name of any officer, director, or agent who is also an
employee of the City of Palm Beach Gardens. Further, all Bidders must disclose the name of
any City employee who has any interest, financial or otherwise, direct or indirect, of five percent
(5%) or more in the Bidders’ firm or any of its branches. Failure to disclose any such affiliation
will result in disqualification of the Bidder from this bid and shall be further disqualified from
bidding on any future bids or proposals with the City.
(See Conflict of Interest Disclosure Form, Section 6)
2.12 PUBLIC ENTITY CRIMES
As provided in Section 287.133(2) (a), Florida Statutes, a person or affiliate who has been
placed on the convicted vendor list following a conviction for a public entity crime may not
submit a Bid on a contract to provide any goods or services to a public entity; may not submit a
Bid on a contract with a public entity for the construction or repair of a public building or public
work; may not submit Bids on leases of real property to a public entity; may not be awar ded or
perform work as a contractor, supplier, subcontractor, or consultant under a contract with any
public entity.
2.13 OFFICE OF INSPECTOR GENERAL (OIG)
The Bidder is aware that the Inspector General of Palm Beach County has the authority to
investigate and audit matters relating to the negotiation and performance of a contract awarded
pursuant to this ITB, and in furtherance thereof may demand and obtain records and testimony
from the successful Bidder and its subcontractors and lower-tier subcontractors. The successful
Bidder understands and agrees that in addition to all other remedies and consequences
provided by law, the failure of the successful Bidder or its subcontractors or lower-tier
subcontractors to fully cooperate with the Inspector General when requested may be deemed
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by the City of Palm Beach Gardens to be a material breach of any contract awarded pursuant to
this ITB, justifying its termination.
2.14 RESERVATION FOR REJECTIONS AND AWARD
The City of Palm Beach Gardens reserves the right to accept or reject any or all bid submittals,
in whole or in part, with or without cause, to waive any irregularities and/or technicalities, and to
award the contract on such coverage and terms it deems will best serve the interests of the City.
2.15 CONTRACT EXTENSION
The City reserves the right to extend a contract for a maximum period not to exceed ninety (90)
calendar days in order to provide City departments with continual service and supplies while a
new contract is being solicited, evaluated and/or awarded, provided this is expressly made a
part of any contract awarded in regard to this bid.
2.16 LEGAL REQUIREMENTS
Applicable provisions of all federal, state, county laws, and local ordinances, rules and
regulations, shall govern the items covered herein and shall govern any and all claims and
disputes which may arise between person(s) submitting a bid response hereto and the City.
Lack of knowledge by any Bidder will in no way be cause for relief from responsibility.
2.17 INSURANCE
Where awarded Contractors are required to go on to City property to deliver goods, materials, or
perform work or services as a result of Bid award, the awarded Contractor shall assume full
responsibility and expense to obtain all necessary insurance as required by City or specified in
Special Conditions.
The awarded Contractor shall provide to the City original certificates of coverage and receive
notification of approval of those certificates by the City’s Risk Coordinator or designee prior to
engaging in any activities under this contract. The certificates must list the City as an
ADDITIONAL INSURED and shall have no less than thirty (30) days written notice of
cancellation or material change. Further modification of the insurance requirements may be
made at the sole discretion of the City’s Risk Coordinator or designee if circumstances change
or adequate protection of the City is not presented. By submitting a bid, the Contractor agrees
to abide by such modifications.
2.18 EXECUTION OF BID
Bid forms provided by the City should be used unless otherwise specified in this document. The
bid must contain a manual signature of an authorized representative in the space provided on
the Bid Form. Failure to properly sign the bid shall invalidate same, and it shall not be
considered for award. All bids must be completed in pen or be typewritten. No erasures are
permitted. If a correction is necessary, draw a single line through the entered figure and enter
the corrected figure above it. Corrections must be initialed by the person signing the bid. Any
illegible entries, pencil bids, or corrections not initialed will not be tabulated. The original bid
conditions and specifications cannot be changed or altered in any way after submitted to the
City.
2.19 INDEMINTY/HOLD HARMLESS AGREEMENT
The successful Contractor agrees to release, indemnify, and hold harmless the City of Palm
Beach Gardens and its officers, employees and agents from and against any and all liabilities,
losses, penalties, damages, settlements, claims, costs, or charges for other expenses (including
attorneys' fees, whether at trial or appeal) which the City may suffer, sustain, incur or in any way
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be subjected to by reason of or as a result of any act, negligence or omission on the part of the
awarded Contractor, its agents or employees, in the execution or performance of the obligations
assumed under, or incidental to, the contract into which the awarded Contractor and the City will
enter, except when caused solely by the fault, failure or negligence of the City, its agents or
employees.
2.20 OTHER GOVERNMENTAL ENTITIES
If a bidder is awarded a contract as a result of this ITB, he/she/it will, if he/she/it has suff icient
capacity or quantities available, provide to other governmental agencies, so requesting, the
products or services awarded in accordance with the terms and conditions of the ITB and
resulting contract.
2.21 DEFAULT/ FAILURE TO PERFORM
The City shall be the sole judge of nonperformance, which shall include any failure on the part
of the awarded Contractor to accept the award, to furnish required documents, and/or to fulfill
any portion of this contract within the time stipulated.
Upon default by the awarded Contractor to meet any terms of the agreement, the City will notify
the contractor to remedy the default within three (3) days (weekends and holidays excluded).
Failure on the Contractor’s part to correct the default within the required three (3) days may
result in the contract being terminated. The City will notify the Contractor, in writing, of its
intention and the effective date of the termination. The following shall constitute default:
1. Failure to perform the work required under the contract and/or within the time
required or failing to use the subcontractors, entities, and personnel as identified
and set forth and to the degree specifies in the contract.
2. Failure to begin the work under this contract within the time specified.
3. Failure to perform the work with sufficient workers and equipment or with
sufficient materials to ensure timely completion.
4. Neglecting or refusing to remove materials or perform new work where prior work
has been rejected as nonconforming with the terms of the contract.
5. Becoming insolvent, being declared bankrupt, or committing act of bankruptcy or
insolvency, or making an assignment renders the successful Bidder incapable of
performing the work in accordance with and as required by the contract.
6. Failure to comply with any of the terms of the contract in any material respect.
7. Failure to comply with the terms of this bid, including, but not limited to, the
Special Conditions.
In the event of default of a contract, the Contractor shall pay all attorney’s fees and court costs
incurred in collecting any damages. The Contractor shall pay the City for any and all costs
incurred in ensuring the completion of the project.
2.22 CANCELLATION
The City reserves the right to cancel this Contract by written notice to the Contractor effective
the date specified in the notice, for the following:
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A. CANCELLATION WITH CAUSE
The Contractor is determined by the City to be in breach of any of the terms and
conditions of the contract and/or to have failed to perform his/her/its services in a
manner satisfactory to the City. In the event the Contractor is found to be in default, the
Contractor will be paid for all labor and materials provided as of the termination date
which are in conformance with this Bid. No consideration will be given for anticipated
loss of revenue or the canceled portions of the contract.
B. CANCELLATION FOR CONVENIENCE
The City has determined that such cancellation will be in the best interest of the City to
cancel the contract for its own convenience.
C. CANCELLATION FOR UNAPPROPRIATED FUNDS
Funds are not available to cover the cost of the services. The City’s obligation is
contingent upon the availability of appropriated funds.
2.23 INVOICES
All invoices for payment of services shall be original and include the company name, address,
location of work performed, purchase order number(s) and any other support documentation as
required. Invoices should be sent to: City of Palm Beach Gardens, Accounts Payable, 10500
N. Military Trail, Palm Beach Gardens, Florida 33410.
2.24 PAYMENT
Payment will be made by the City after the services awarded to a Contractor have been
received, inspected, and found to comply with award specifications, be free of damage or
defect, and properly invoiced. The City does not pay service charges or late payment fees
however; the City is subject to Florida’s Prompt Payment Act. (Section 218.70 – 218.79, Florida
Statues)
2.25 PERMITS, TAXES, LICENSES
The Contractor shall, at his/hers/its own expense, obtain all necessary permits, licenses, fees
and taxes required to comply with all local ordinances, state and federal laws, rules and
regulations applicable to business to be carried on under this contract.
2.26 ANTI-DISCRIMINATION
The City of Palm Beach Gardens complies with all laws prohibiting discrimination on the basis of
age, race, sex, religion, creed, political affiliation, sexual orientation, physical or mental
disability, color or national origin and therefore, is committed to assuring equal opportunity in the
award of contracts and encourages small local, minority, and female owned businesses to
participate.
During the performance of this contract, the awarded Contractor agrees it will not discriminate or
permit discrimination in the hiring practices of the Contractor or in the performance of the
Contractor. The Contractor will strictly adhere to the equal employment opportunity
requirements and any applicable requirements established by the State of Florida, Palm Beach
County and the federal government.
The awarded Contractor further acknowledges and agrees to provide the City with all
information and documentation that may be requested by the City from time to time regarding
the solicitation, selection, treatment and payment of subcontractors, suppliers and vendors in
connection with this Contract.
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2.27 ASSIGNMENT
The awarded Contractor shall not assign, transfer, convey, or sublet the performance required
by this bid to any person, company, or corporation without the prior written consent of the City.
2.28 GOVERNING LAW/ VENUE
The laws of the State of Florida (without giving effect to its conflicts of law principles) govern all
matters arising out of or relating to this solicitation, including, without limitation, its interpretation,
construction, performance, and enforcement. The parties hereto submit to the exclusive
jurisdiction and venue of the state and federal courts located in Palm Beach County, Florida and
furthermore; hereby waive their rights to trial by jury.
.
END OF SECTION 2
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SECTION 3
SPECIAL CONDITIONS
3.1 BASIS OF CONTRACT
The contract will be for rotational towing. An established order of awarded Contractors will be
maintained with the City of Palm Beach Gardens Police Dispatch. Dispatch will accept and
distribute all tow calls on a rotational basis. The towing contractor dispatched from the rotation
list will tow all vehicles from the scene except, when an owner requests a different towing
company or when the called towing contractor is unable to handle all vehicles. In this case, the
next towing contractor on the list will be called to tow the remainder of the vehicles. The
exception to this rotation will be during a police directed evidentiary tow. If a contracto r is at the
top of the rotation and is requested to conduct an evidentiary tow by the Police Department,
dispatch will immediately place that towing contractor at the top position again pending
affirmative response of the evidentiary tow from the towing contractor.
3.2 INSURANCE REQUIREMENTS
The awarded Contractor shall not commence operations pursuant to the terms of this bid until
certification or proof of insurance has been received and approved by the City’s Risk
Coordinator or designee.
The required insurance coverage is to be issued by an insurance company authorized and
licensed to do business in the State of Florida, with the minimum rating of B+ or better, in
accordance with the latest edition of A.M. Best’s Insurance Guide. This insurance shall be
documented in certificates of insurance which provides that the City of Palm Beach Gardens
shall be notified at least thirty (30) days in advance of cancellation, non-renewal, or adverse
change. The receipt of Certificates or other documentation of insurance or policies or copies of
policies by the City or by any of its representatives, which indicate less coverage than is
required, does not constitute a waiver of Contractor’s obligation to fulfill the insurance
requirements herein. Deductibles must be acceptable to the City of Palm Beach Gardens.
The Contractor must submit a copy of its current Certificate of Insurance. Upon award of a
contract, the Contractor will name the City of Palm Beach Gardens as an additional insured and
list as such on the insurance certificate. New certificates of insurance are to be provided to the
City at least fifteen (15) days prior to coverage renewals.
The awarded Contractor shall provide insurance coverage as follows:
A. WORKERS COMPENSATION
Contractor shall carry Workers Compensation Insurance to apply for all employees in
compliance with the “Workers Compensation Law” of the State of Florida and all
applicable Federal laws. In addition, the policy (ices) must include Employers’ Liability
Insurance with limits of not less than one hundred thousand dollars ($100,000.00) each
accident, five hundred thousand dollars ($500,000.00) each disease and one hundred
thousand dollars ($100,000.00) aggregate by disease. If the Contractor is not an
incorporated entity (i.e., sole proprietorship / partnership), or leases employees under
the alternate employee laws of the State of Florida, the City shall require a minimum
premium policy meeting the aforementioned requirements even though not required by
the Workers Compensation Laws of the State of Florida. Filed certificates of exemption
forms will not meet these requirements.
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B. COMPREHENSIVE GENERAL LIABILITY
Contractor shall carry Comprehensive General Liability Insurance with minimum limits of
one million dollars ($1,000,000.00). Such certificate shall list the City as additional
insured.
NOTE: If Comprehensive General Liability limits are less than one million dollars
($1,000,000.00), the sum of Comprehensive General Liability limits and Excess Liability
limits must equal no less than one million dollars ($1,000,000.00).
C. GARAGE KEEPERS LEGAL LIABILITY
Contractor shall carry Garage Keepers Legal Liability Insurance with limits of not less
than five hundred thousand dollars ($500,000.00) per occurrence.
D. AUTOMOBILE LIABILITY
Contractor shall carry Automobile Liability Insurance to include owned, non-owned, and
hired, with minimum limits of one million dollars ($1,000,000.00) each occurrence.
3.3 INSPECTIONS
Storage facilities shall be subject to inspection by authorized City personnel prior to the award of
any Contract. Contractor’s compound, storage facilities, stored vehicles, and all records
pertaining to the Contractor’s duties shall be subject to periodic inspections when deemed
necessary by the Police Department or other authorized City personnel during the term of the
contract. Notice of any discrepancies or deficiencies found by the City shall be submitted to the
Contractor in writing, and the Contractor shall remedy the same within ten (10) days of receipt of
such notice. Failure of the Contractor to remedy deficiencies may result in the termination of the
contract by the City.
3.4 REQUIRED LICENSING
The Contractor shall maintain at all times all the necessary State, County, and local licenses
and permits required to operate this type of business.
3.5 CONFLICT OF INTEREST
The Bidder must submit names and addresses of all persons having a financial interest in the
business, such as, but not limited to, individual owners, partners, limited partners, officers,
directors, and stockholders indebted to the towing company in excess of $2,000 at the time of
bid submittal. (See Section 2.11 for more details)
The Bidder must submit the name(s) and location(s) of all auto body, repair, and/ or paint shops
that he/she/it has interest in.
3.6 FEES
Awarded Contractors shall pay to the City the following fees:
A. CONTRACT FEE
The awarded Contractor will be assessed a contract fee of one thousand dollars
($1,000.00) yearly for the term of the contract with the City including any extensions.
The contract fee will be due 30-days following execution of the contract and approval by
City Council via Resolution. Checks should be made payable to the City of Palm Beach
Gardens and sent to the following address:
10500 N. Military Trail
Palm Beach Gardens, Florida 33410
Attention: Finance Department
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Failure to provide payment in the time prescribed herein, will forfeit any work on this
contract until remuneration is made.
B. ADMINISTRATIVE FEE
The Contractor shall owe the City of Palm Beach Gardens a ten dollar ($10.00)
administrative fee each time it tows a vehicle, and shall forward the fee to the City each
month, along with a report providing the number and description of the vehicles released
during the month. The Contractor shall be responsible for payment of all applicable
fee(s) each month regardless of whether the owner of the vehicle has not yet paid the
Contractor for services rendered.
END OF SECTION 3
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SECTION 4
SCOPE OF SERVICES AND TECHNICAL SPECIFICATIONS
4.1 SCOPE OF SERVICES
The Contractor shall furnish towing services, on a rotational basis, for the removal of vehicles
within the City of Palm Beach Gardens and provide adequate storage space for said vehicles,
when required. The Contractor shall have available at all time sufficient equipment to perform
all services required in a timely and responsible manner.
(See Section 3.1 for details on rotational towing)
4.2 CHARGES FOR TIME AT THE SCENE
Cost of time at the scene, labor or equipment needed within one (1) hour of arrival at the scene
shall be included in the basic tow rate. If such time at the scene consumes more than one (1)
hour, assessment of complication charges will be a pro-rated hourly percentage. The time
begins when the Contractor staff or equipment arrives at the scene and until the vehicle is
towed from the scene or the additional Contractor staff or equipment leaves the scene,
whichever occurs first. The complication charge shall be all inclusive and include all necessary
staff or equipment required to complete the recovery. The Contractor agrees that any extra
waiting time or complication charges shall be authorized by the officer on the scene and so
indicated in writing on the vehicle storage/ tow receipt.
4.3 EXEMPT CHARGES
The City will not be charged for the towing of any City-owned or leased vehicles or equipment
within City limits. All tow charges outside City limits shall be on a predetermined flat -rate
charge. Impounded vehicles subject to forfeiture will be stored free of charge, up to a maximum
of seven (7) impound vehicle slots per year.
4.4 RESPONSE TIME
Contractors will be expected to arrive at the site within thirty (30) minutes (for Class A and B),
and forty-five (45) minutes (for Class C) calls. If the Contractor is unable to respond in the given
time, they must notify the Police Dispatcher and the contractor’s name will be moved to the
bottom of the list.
4.5 EQUIPMENT
All equipment must be owned by the Contractor, with full control and availability. All equipment
shall be modern, commercially manufactured, and in good mechanical condition. All equipment
will be subject to inspection by the City at anytime during the term of the Contract. No vehicle of
the Contractor shall be used as an emergency vehicle.
The Contractor agrees to have no markings on vehicles, buildings, or correspondence of any
kind that indicates or tends to indicate any official relationship between the Contractor and the
City.
All of the Contractor’s towing vehicles must be equipped with 2-way radios or other approved
means of communication with a range extending to the entire Palm Beach Gardens city limits.
Radios shall not be tuned to any police frequency. Contractor shall comply with all laws, rules,
codes and regulations of any governmental agency having jurisdiction of the services being
rendered, including, but not limited to, licensing and minimum safety requirements.
City of Palm Beach Gardens ITB# 2011-005 Annual Vehicle Towing Services
Page 18
A. REQUIRED CONTRACTOR-OWNED EQUIPMENT
In order to be evaluated, Contractors must be able to provide the following minimum
amount of equipment:
1. Three (3) Class A small wreckers of 4-ton capacity; one (1) must be an all wheel
drive wrecker of 4-ton capacity; and at least one (1) must be a slide back carrier.
2. One (1) Class B medium wrecker of 16-ton capacity equipped with twin booms or
equivalent hydraulic system, air brakes, and auxiliary air supply.
3. One (1) motorcycle trailer capable of hauling at least two (2) motorcycles at the
same time.
4. One (1) 40-ton capacity wrecker with hydraulics, or equivalent wrecker, and Low-
Boy capable of towing and/or hauling any City truck or Fire Rescue unit.
5. One (1) set of heavy-duty tractor dollies.
Note: Items #4 and #5 are required to qualify for Class C towing.
4.6 CONTRACTOR’S PERSONNEL
Contractor shall have available sufficient qualified personnel for the operation of the equipment
and to man the office facilities as required performing as specified. Contractor shall maintain a
State of Florida Department of Motor Vehicles Report on each driver, to be updated annually.
Each driver shall have a current commercial driver’s license issued by the State of Florida.
Each driver should have at least one (1) year in towing and recovery work or professional
training. The Contractor shall insure that drivers and staff shall be neat, clean, uniformed,
courteous, and competent in operating skills and all procedures. All Contractor personnel
dealing with the public under this contract shall be identified by name through the use of a name
tag issued by Palm Beach County Department of Consumer Affairs for all tow truck operators in
Palm Beach County. All costs associated with receiving the name tag for tow truck operators will
be the responsibility and requirement of the successful Contractor. All drivers shall have a
detailed knowledge of the layout of the City of Palm Beach Gardens streets.
Contractor agrees that the owners of the company, or officers if a corporation, shall be held fully
responsible, except as otherwise prohibited by law, for the acts of their employees while on
duty.
4.7 STORAGE FACILITY
Towing contractors shall maintain adequate storage space within a five (5) mile radius of the
intersection of Burns Road and Military Trial, Palm Beach Gardens.
The Contractor shall maintain a storage facility/compound, garage and outside storage facilities
complying with all provisions of applicable building and zoning regulations. The facilities must
be of a sufficient size and capability to accommodate all vehicles towed by the Contractor during
the term of this agreement until such vehicle(s) are claimed by the owner or otherwise legally
disposed of.
The Contractor’s office and storage facility shall be manned on a 24-hour basis and shall be
equipped with 24-hour radio-dispatch capabilities, to assure that the Contractor’s obligations
and services are available and fulfilled. The successful Contractor shall have a dispatcher on
duty 24-hours a day, 7 days a week. Telephone answering services do not meet this
requirement and are not acceptable.
City of Palm Beach Gardens ITB# 2011-005 Annual Vehicle Towing Services
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A. INSIDE STORAGE
Each tow company shall be capable of storing up to two (2) vehicles in inside storage
meeting the following specifications:
1. A working area of at least 9’ x 20’ with at least an 8’ high ceiling
2. A paved floor (i.e. concrete or asphalt) that is free from dirt, standing water and
vegetation.
B. CRIME SCENE STORAGE
Crime scene vehicles shall be stored inside to prevent physical contamination or
degradable evidence from deteriorating. A minimum of four (4) storage spaces shall be
maintained for this purpose with at least one (1) that shall meet the following
specifications:
1. A working area of 9’ x 20’ with at least an 8’ high ceiling
2. A paved floor (i.e. concrete or asphalt) that is free from dirt, standing water and
vegetation.
3. A hydraulic rack capable of lifting vehicles completely off the floor or equivalent
facilities to permit police investigators to stand below the vehicle to make
thorough investigations
4. An electrical lighting source sufficient to permit processing of a vehicle
5. One (1) outside window or a ventilation source
Any vehicle towed or stored relative to a crime scene investigation shall be handled with
gloves (i.e. cloth, rubber, or leather) at all times by the Contractor and its employees.
C. OUTSIDE STORAGE
All outside storage facilities shall be enclosed and maintained as follows:
1. Facilities shall be enclosed with a solid wall or a substantial wire fence not less
than 6’ high.
2. Fence or wall, including all gates or doors or roofed open areas shall be
equipped with not less than 12” of barbed wire installed in such a manner as to
discourage access over the top of such fence or wall. All fences and walls shall
be maintained in a good repair throughout the term of the Contract. Damages to
the fences or walls shall be repaired within 24 hours.
3. Outside storage shall be kept free and clear of all junk such as tires and auto
parts.
4. All shrubbery, trees and lawn (fence line and grounds) shall be kept trimmed.
5. Facilities shall have adequate drainage to prevent standing water after a rain
storm.
6. Spacing shall be so that a person may reasonably walk around each vehicle in
an unobstructed manner.
In the event all Contractors storage facilities are filled to capacity, the Contractor shall not be
relieved of responsibility to perform and is required to make such arrangements for storage as
will fulfill the requirement of the City. All storage space used, which is not listed in the original
application, must meet the requirements of the Contract.
City of Palm Beach Gardens ITB# 2011-005 Annual Vehicle Towing Services
Page 20
4.8 PROTECTION OF VEHICLES AND PROPERTY
The Contractor’s liability for any towed vehicles and all personal property contained therein shall
commence with the time the wrecker comes into contact with any vehicle to be towed. The
Contractor shall be solely liable and responsible for all personal property in any towed vehicle.
The Contractor or his employee, representative, or agent shall inventory all personal property
contained in the vehicle to be towed and prepare a report which shall be signed by the preparer.
One copy shall be held by the Contractor as permanent record, one copy given to the owner or
the person in possession of the vehicle or securely attached to the vehicle, and one copy given
to the Police Department.
The Contractor shall be solely liable for damage or loss of personal property listed on the
property report form once the vehicle is towed. The Contractor is liable for all vehicle
accessories regardless of the cause of such damage or loss. Personal property situated in
vehicles stored by the Contractor shall not be disposed of to defray any charges for storage or
towing. A receipt will be issued for any returned person property. Personal property must be
returned at once to the owner or person entitled to legal possession thereof upon proper proof
of ownership or right to possession without regard to any fees owed by such person or legal
entity.
Vehicle owner or duly authorized person shall be allowed to remove personal unattached
property from a vehicle during normal business hours at no charge.
Unclaimed personal property in the vehicles stored by the Contractor shall be disposed of
pursuant to Florida Statues, Section 713.78, as it may be amended from time to time.
4.9 POSTING CHARGES
The Contractor shall prominently post in its office and storage facilities a list of charges
approved by this contract which shall be the maximum fees charged on all City vehicles and/or
City-originated requests for a wrecker, regardless of whether it was a police -initiated action or
“at the owner’s request”. The Contractor’s list of charges shall be provided to the owner or
person lawfully in possession of each vehicle towed. The charges for towing from the
Contractor’s compound to another point at the request of the vehicle owner will be at the same
rates listed herein.
4.10 PAYMENT RESPONSIBILITY
The City of Palm Beach Gardens shall not be responsible or liable for either the collection or
payment of any charges for services rendered, including towing and storage, unless such
service charge is applicable to City-owned or leased equipment or vehicles. All other services
rendered shall be charged to the owner of the towed vehicle or other lawful claimant of
possession.
4.11 CLEANUP
The Contractor called to the scene of an accident in which a tow is required, will be responsible
for removing from the street all broken glass and other non-hazardous matter that may be in the
street as a result of the accident. The Contractor is responsible for the disposal of all material
collected at the scene.
City of Palm Beach Gardens ITB# 2011-005 Annual Vehicle Towing Services
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4.12 SERVICE CALL CANCELLATION
The City shall have the right to cancel a request for the Contractor’s services until the time that
a wrecker comes in contact with a vehicle. The Contractor agrees that the mere response to a
service call scene without other action does not constitute chargeable service.
4.13 EXCLUSIONS
All vehicles and equipment with a Gross Vehicle Weight (GVW ) of 26,001 lbs. and above are
excluded from this Contract. The City reserves the right to call the company of convenience for
these vehicles and equipment. Contractors shall indicate on the proposal page the classes of
vehicles and equipment they are able to tow.
All vehicles marked “HOLD” by the Palm Beach Gardens Police Department relative to a police
investigation are excluded from this Contract. The Palm Beach Gardens Police Department
shall call the company of convenience for these vehicles.
4.14 NON-EXCLUSIVENESS OF SERVICES
Nothing contained in this contract will prevent the owner or operator of a motor vehicle from
calling a wrecker or tow truck of their own choice, or requesting that said vehicle be towed to a
garage, storage compound, or location other than that of the Contractor.
The on-scene officer has the discretion to call another towing company, in rotation, if the
Contractor cannot respond in a reasonable amount of time, and the disabled vehicle is creating
a tie up of traffic or hazardous situation.
4.15 BENEFITS FROM REPAIRS
The Contractor shall not solicit to provide automotive/ vehicle or truck repair, paint and body,
salvage, junkyard, or re-cycling business directly, or indirectly for any vehicle towed pursuant to
this agreement without prior written City approval. If the Contractor has any interest in
automotive or truck repair, paint and body, salvage, junkyard, or re-cycling business the
Contractor shall so state in his bid proposal, and list the specifics. If during the term of the
contract, including any option terms, Contractor acquires an interest in automotive or truck
repair, paint and body, salvage, junkyard or re-cycling business, the Contractor shall
immediately notify the City in writing. Failure to do so could result in termination for cause.
4.16 RELEASES
The Contractor agrees to release any vehicle not marked “HOLD” provided proper proof of
ownership or right to possession is presented to the Contractor. Any vehicle that has been
marked “HOLD” by the Police Department cannot be released without prior written approval of
the Police Department.
Vehicles that have been marked “HOLD” by the Police Department shall be stored at such
compound for a period of time necessary to properly process the vehicle and any investigation
involved. The City’s Police Department will notify the Contractor in writing if the “Holding
Period” continues beyond five (5) working days. The contractor will not release a “Held” vehicle
until released by the Police Department. The City’s Police Department or entities with the legal
right shall be permitted access to such vehicles.
4.17 IMPOUNDED VEHICLES
Should any owner or persons entitled to possession of an impounded vehicle seek to reclaim
the same from the Contractor, the Contractor shall provide an itemized statement of all charges
relating to the impounding of such vehicle.
City of Palm Beach Gardens ITB# 2011-005 Annual Vehicle Towing Services
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4.18 COMPLAINT AGAINST CONTRATOR
All complaints received by the City concerning the performance of the vehicle towing service
under the terms of this contract will be referred to the City Manager or his designee, who shall
conduct investigations and inquiries, including discussions with the Contract and staff involved.
The determinations of the City Manager or designee shall be binding upon the parties, and
failure of the Contractor to follow such determination will be considered a material breach of
terms of the contract and cause for termination.
Any incidence of price gouging will be grounds for immediate termination of the contract.
4.19 VEHICLE DISPOSAL
Unless a “HOLD” has been placed upon the vehicle, disposal of vehicles will be in accordance
with current Florida State Statues.
Should a Contractor, as a result of this agreement, have in his possession any vehicle or
personal property, and should the Contractor be ordered to relinquish such vehicle or personal
property to the City’s Police Department, the Contractor agrees to immediately do so if so.
4.20 SUBCONTRACTORS
The use of subcontractors will not be allowed by the Contractor, unless there are special
circumstances approved by the City. It is the intent of this contract to require the primary
Contractor to provide the day-to-day services required.
END OF SECTION 4
City of Palm Beach Gardens ITB# 2011-005 Annual Vehicle Towing Services
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SECTION 5
PRICING SCHEDULE
The Bidder is to complete the following by filling in his/her/its proposed rates for all items. These rates
will remain firm for the contract period of two (2) years. The City does not guarantee any specific
number to tows during the contract period indicated.
Services
Vehicles other than City
owned or leased
vehicles or equipment
City-owned or leased
vehicles or equipment
Towing: (to include removal of drive-line and unlocking services)
1. Cars and Trucks up to 10,000 GVW
(Class “A”) $______________/ each $_____________/ each
a. Mileage charge outside the City $____________/ per mile $____________/ per mile
2. Motorcycles (to include use of trailer) $______________/ each $_____________/ each
a. Mileage charge outside the City $____________/ per mile $____________/ per mile
3. Trucks between 10,000 – 25,000 GVW
(Class “B”) $______________/ each $_____________/ each
a. Mileage charge outside the City $____________/ per mile $____________/ per mile
4. Trucks over 25,000 GVW (Class “C”) $______________/ each $_____________/ each
a. Mileage charge outside the City $____________/ per mile $____________/ per mile
5. 48’ Lowboy Service $______________/ each $_____________/ each
a. Mileage charge outside the City $____________/ per mile $____________/ per mile
6. Dollies or Flatbed Additional $______________/ each $_____________/ each
a. Mileage charge outside the City $____________/ per mile $____________/ per mile
City of Palm Beach Gardens ITB# 2011-005 Annual Vehicle Towing Services
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SECTION 6
REQUIRED FORMS
6.1 FORMS
The forms listed below must be completed by an official having legal authorization to
contractually bind the company or firm. Each signature represents a binding commitment upon
the Contractor to provide the goods and/or services offered to the City if the Contractor is
determined to be the most responsive and responsible proposer.
A. Bid/ Proposal Form
B. Conflict of Interest Disclosure Form
C. Notification of Public Entity Crimes Law
D Drug-Free Work Place
E. References
City of Palm Beach Gardens ITB# 2011-005 Annual Vehicle Towing Services
Page 25
BID/ PROPOSAL STATEMENT
(This statement must be fully executed and returned with the Contractor’s bid in order to be evaluated)
To: City of Palm Beach Gardens
10500 N. Military Trail
Palm Beach Gardens, Florida 33410
The undersigned offers and agrees to furnish goods and/or services in compliance with all terms,
conditions, scope of services, specifications, and addenda defined in the Invitation to Bid #2011-005,
Annual Vehicle Towing Services.
The undersigned, by submission of this offer, hereby agrees to be obligated, if selected as the
Contractor, to provide the stated goods and/or services to the City, for the term as stated herein, and to
enter into a Contract with the City, in accordance with the General Conditions, Special Conditions, and
Technical Specifications, together with any written addendum.
The undersigned agrees to execute a Contract with the City of Palm Beach Gardens within thirty (30)
days after the date on which notice of award has been given in accordance with substantially the same
terms stated in this ITB and undersigned’s response thereto.
The undersigned hereby declares that, subject to provisions of the State Statutes and Local
Ordinances, there is no officer, director, or agent who has any interest, financial or otherwise, direct or
indirect, of five percent (5%) or more in bidder’s firm or any of its branches, who is also an employee of
the City of Palm Beach Gardens.
The undersigned, by submission of this Bid/ Proposal Form certifies that this offer is made without prior
understanding, agreement, or connection with any corporation, entity, firm, or person submitting an
offer for the same materials, services, supplies, or equipment and is in all respects fair and without
collusion or fraud.
Agreed to this day of ,
(Month) (Year)
By: /
(Signature of legal authorized representative) (Print Name)
Business Address City, State, and Zip Code
Telephone Number E-mail Address
Address to which notices may be delivered or mailed (if different than above):
Address:
City State
Zip Code
City of Palm Beach Gardens ITB# 2011-005 Annual Vehicle Towing Services
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CONFLICT OF INTEREST DISCLOSURE FORM
The award of this contract is subject to the provisions of Chapter 112, Florida Statutes. All Bidders
must disclose within their submittal: the name of any officer, director, or agent who is also an employee
of the City of Palm Beach Gardens.
Furthermore, all Bidders must disclose the name of any City employee who owns, directly, or indirectly,
an interest of more than five percent (5%) in the Bidder’s firm or any of its branches.
The purpose of this disclosure form is to give the City the information needed to identify potential
conflicts of interest for evaluation team members and other key personnel involved in the award of this
contract.
The term “conflict of interest” refers to situations in which financial or other personal considerations may
adversely affect, or have the appearance of adversely affecting, an employee’s professional judgment
in exercising any City duty or responsibility in administration, management, instruction, research, or
other professional activities.
Please check one of the following statements and attach additional documentation if necessary:
_________ To the best of our knowledge, the undersigned firm has no potential conflict of interest
due to any other Cities, Counties, contracts, or property interest for this bid.
_________ The undersigned firm, by attachment to this form, submits information which may be a
potential conflict of interest due to other Cities, Counties, contracts, or property interest
for this bid.
Acknowledged by:
____________________________________________________________________________
Firm Name
____________________________________________________________________________
Signature
____________________________________________________________________________
Name and Title (Print or Type)
____________________________________________________________________________
Date
City of Palm Beach Gardens ITB# 2011-005 Annual Vehicle Towing Services
Page 27
NOTIFICATION OF PUBLIC ENTITY CRIMES LAW
Pursuant to Section 287.133, Florida Statutes (2009), you are hereby notified that a person or affiliate
who has been placed on the convicted Contractor list following a conviction for a public entity crime
may not submit a Bid on a contract to provide any goods or services to a public entity, may not submit a
Bid on a contract with a public entity for the construction or repair of a public building or public work,
may not submit Bids on leases or real property to a public entity, may not be awarded or perform work
as a Bidder, supplier, sub-vendor, or consultant under a contract with any public entity, and may not
transact business with any public entity in excess of the threshold amount provided in Section 287.017
[F.S.] for CATEGORY Two [$25,000.00] for a period of 36 months from the date of being placed on the
convicted Bidder list.
Acknowledged by:
____________________________________________________________________________
Firm Name
____________________________________________________________________________
Signature
____________________________________________________________________________
Name and Title (Print or Type)
____________________________________________________________________________
Date
City of Palm Beach Gardens ITB# 2011-005 Annual Vehicle Towing Services
Page 28
DRUG FREE WORKPLACE
________________________________________________________is a drug free workplace and has
(Company Name)
a substance abuse policy in accordance with and pursuant to Section 440.102, Florida Statutes.
Acknowledged by:
____________________________________________________ _______________________
(Authorized Signature) (Date)
Company FEI Number: _________________________________________________________
Address:
City State
Zip Code
City of Palm Beach Gardens ITB# 2011-005 Annual Vehicle Towing Services
Page 29
REFERENCES CONTACT FORM
Include contact information for current/previous agency for which you provided similar services, as
described in this Invitation to Bid, within the last five (5) years.
First Reference:
Company Name:
Address:
Contact Name
Title
Telephone
Number ( )_____________________________________________________
E-mail Address
Contract Dates: Beginning: ___________________ Ending: _____________________
Description of
Work:
Second Reference:
Company Name:
Address:
Contact Name
Title
Telephone
Number ( )_____________________________________________________
E-mail Address
Contract Dates: Beginning: ___________________ Ending: _____________________
Description of
Work:
Third Reference:
Company Name:
Address:
Contact Name
Title
Telephone
Number ( )_____________________________________________________
E-mail Address
Contract Dates: Beginning: __________________ Ending: ______________________
Description of
Work:
City of Palm Beach Gardens ITB# 2011-005 Annual Vehicle Towing Services
Page 30
Fourth Reference:
Company Name:
Address:
Contact Name
Title
Telephone
Number ( )_____________________________________________________
E-mail Address
Contract Dates: Beginning: __________________ Ending: ______________________
Description of
Work:
Fifth Reference:
Company Name:
Address:
Contact Name
Title
Telephone
Number ( )_____________________________________________________
E-mail Address
Contract Dates: Beginning: __________________ Ending: ______________________
Description of
Work:
Emergency Contact:
Name:
Telephone
Number:
Business Hours: ( )_______________________
After Hours: ( )___________________________
E-mail:
City of Palm Beach Gardens ITB# 2011-005 Annual Vehicle Towing Services
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SECTION 7
SAMPLE AGREEMENT
Below is the standard agreement format for this ITB. This is a sample agreement only is subject to
revisions.
SAMPLE AGREEMENT BETWEEN
CITY OF PALM BEACH GARDENS
AND
[VENDOR NAME]
THIS AGREEMENT is entered into this ________ day of _________________________,
2011, effective immediately, by and between [Vendor Name], whose address is [Street Address,
City, State Zip Code], hereinafter referred to as “Vendor”, and the City of Palm Beach Gardens, a
municipal corporation, whose address is 10500 North Military Trail, Palm Beach Gardens, Florida
33410, hereinafter referred to as “City”.
WITNESSETH
The City and Vendor, in consideration of the mutual covenants contained herein and other
good and valuable consideration, the receipt and value of which is hereby acknowledged by both
parties, hereby agree as follows:
1. The City and Vendor both hereby agree to enter into an agreement for the purpose of
providing Annual Towing Services to the City of Palm Beach Gardens Police Department and
other departments on a rotational basis. This Agreement will commence on the effective date
written above.
2. All the terms and conditions of this Agreement shall be the terms and conditions as
specifically set forth in the Invitation for Bids 2011-005, for the City of Palm Beach Garden’s
Contract for Annual Towing Services. The General Conditions and Technical specifications
(the “Bid”) is attached hereto and incorporated herein as Exhibit “A”. The Vendor’s fully
executed Bid/ Proposal Submittal Form and Pricing Schedule submitted to the City and
attached hereto and incorporated herein as Exhibit “B”. All insurance documents required
thereby, the fully executed Notification of Public Entity Crimes Law Affidavit, and any other
materials required under the Bid documents, are attached hereto and incorporated herein as
Exhibit “C”. Both parties hereby agree and acknowledge that this _____ (_) page Agreement,
together with all Bid documents (Exhibits “A”, “B”, and “C”), shall constitute the entire
Agreement.
3. Notice as required in this Agreement shall be sufficient when sent by certified mail or hand
delivered to the parties at the following addresses:
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City of Palm Beach Gardens ITB# 2011-005 Annual Vehicle Towing Services
Page 32
City Vendor
City of Palm Beach Gardens [Company Name]
10500 North Military Trail [Address]
Palm Beach Gardens, Florida 33410 [City, State Zip Code]
Attn: Ronald Ferris, City Manager Attn: _______________________
4. The Vendor shall perform all work required in accordance with the Bid specifications.
5. This Agreement shall become effective on the date written above.
6. If any legal action or other proceeding is brought for the enforcement of this Agreement, or
because of an alleged dispute, breach, default, or misrepresentation in connection with any
provisions of this Agreement, the successful or prevailing party or parties shall be entitled to
recover reasonable attorneys' fees, court costs, and all expenses, even if not taxable as
court costs (including, without limitation, all such fees, costs, and expenses incidental to
appeals), incurred in that action or proceeding, in addition to any other relief to which such
party or parties may be entitled.
7. If any term, covenant, condition, or provision of this Agreement shall be ruled by a court of
competent jurisdiction to be invalid, void, or unenforceable, the remainder shall remain in
full force and effect and shall in no way be affected, impaired, or invalidated.
8. This Agreement shall be construed in accordance with the laws of the State of Florida.
Should any dispute arise from this Agreement, venue shall lie in Palm Beach County,
Florida.
9. This _____ (_) page Agreement, along with all other documents referred to in paragraph
two (2) above, constitutes the entire agreement between the parties; no modification shall
be made to this Agreement unless such modification is in writing, agreed to by both parties,
and attached hereto as an addendum to this Agreement.
(The remainder of this page intentionally left blank)
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City of Palm Beach Gardens ITB# 2011-005 Annual Vehicle Towing Services
Page 33
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date first written
above.
CITY OF PALM BEACH GARDENS, FLORIDA
By: ____________________________________
David Levy, Mayor
ATTEST:
By: ________________________________
Patricia Snider, CMC, City Clerk
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY:
By: ________________________________
R. Max Lohman, City Attorney
[VENDOR NAME]
By: ____________________________________
WITNESSES:
By: ________________________________
Print Name: ______________________
By: ________________________________
Print Name: ______________________
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ATTACHMENT A
Palm Beach County
TOWING ORDINANCE 2010-001
TABLE OF CONTENTS
Section, Title Page No.
Section 1, Title ......................................................................................................................... 4
Section 2, Definitions .............................................................................................................. 4
Section 3, Towtruck Class Specifications ................................................................................ 9
Section 4, Operating Permit Required ................................................................................... 11
Section 5, New Applications/Renewals and Issuance of Operating Permit; Fees ................. 11
Section 6, Inspection of Storage Yards and Public Offices Required ................................... 14
Section 7, Insurance Requirements ........................................................................................ 15
Section 8, Towtruck Registration; Towtruck Standards; Decals ........................................... 16
Section 9, Inspection Procedures and Requirements ............................................................. 18
Section 10, Non-Consent Manifest, Towing Invoice or Tow Sheet ...................................... 19
Section 11, Advertisements ................................................................................................... 21
Section 12, Records Required ................................................................................................ 21
Section 13, Operating Permit Required to do Business with the County .............................. 21
Section 14, Non-Consent Towing With Prior Express Instruction of Real Property Owner
or Authorized Agent and/or Law Enforcement Agency ................................. 21
Section 15, Notice Requirements for Providing Tow Services at Request of Real
Property Owners ............................................................................................ 24
Section 16, Non-consent Towtruck Company Requirements ................................................ 26
Section 17, Consent-Only Towtruck Company Requirements .............................................. 29
Section 18, Maximum Non-Consent Towing and Storage Rates for
Non-Consent Tow Services ........................................................................... 29
Section 19, Towtruck Driver Requirements; Failure to Comply ........................................... 31
Section 20, Fraudulent Transfer of Towtruck Company ....................................................... 37
Section 21, Deceptive and Unfair Trade Practices ................................................................ 38
Section 22, Cease and Desist Order ....................................................................................... 38
Section 23, Assurance of Voluntary Compliance .................................................................. 39
Section 24, Enforcement and Penalties; Civil and Criminal ................................................. 40
Section 25, Administrative Enforcement, Denial, Revocation and Suspension
of Operating Permits ...................................................................................... 41
Section 26, Additional Penalties ............................................................................................ 42
Section 27, Hearings and Appeals ......................................................................................... 43
Section 28, Scope of Ordinance ............................................................................................. 44
Section 29, Repeal of Laws in Conflict ................................................................................. 45
Section 30, Savings Clause .................................................................................................... 45
Section 31, Inclusion in the Code of Laws & Ordinance ...................................................... 45
Section 32, Severability ......................................................................................................... 45
Section 33, Effective Date ..................................................................................................... 45
Palm Beach County Towtruck Ordinance 2010-001
-2-
TOWTRUCK ORDINANCE NO. 2010-001 1
2
AN ORDINANCE OF THE BOARD OF COUNTY 3
COMMISSIONERS OF PALM BEACH COUNTY, FLORIDA, 4
AMENDING PALM BEACH COUNTY CODE CHAPTER 19, 5
ARTICLE VIII (ORDINANCE NO. 2005-009), PROVIDING FOR A 6
TITLE; PROVIDING FOR DEFINITIONS; PROVIDING FOR TOW 7
TRUCK CLASS SPECIFICATIONS; PROVIDING FOR OPERATING 8
PERMIT REQUIRED; PROVIDING FOR NEW APPLICATIONS/ 9
RENEWALS AND ISSUANCE OF AN OPERATING PERMIT AND 10
FEES; PROVIDING FOR INSPECTION OF STORAGE YARDS AND 11
PUBLIC OFFICES; PROVIDING FOR INSURANCE 12
REQUIREMENTS, PROVIDING FOR TOWTRUCK 13
REGISTRATION, STANDARDS AND DECALS; PROVIDING FOR 14
INSPECTION PROCEDURES AND REQUIREMENTS; PROVIDING 15
FOR NONCONSENT MANIFEST, TOWING INVOICE OR TOW 16
SHEET; PROVIDING FOR ADVERTISEMENTS; PROVIDING FOR 17
RECORDS REQUIREMENTS; PROVIDING FOR AN OPERATING 18
PERMIT REQUIRED TO DO BUSINESS WITH THE COUNTY; 19
PROVIDING FOR NON-CONSENT TOWING WITH PRIOR 20
EXPRESS INSTRUCTION OF REAL PROPERTY OWNER OR 21
AUTHORIZED AGENT AND/OR LAW ENFORCEMENT AGENCY; 22
PROVIDING FOR NOTICE REQUIREMENTS FOR PROVIDING 23
NON-CONSENT TOW SERVICES AT REQUEST OF REAL 24
PROPERTY OWNERS; PROVIDING FOR NONCONSENT 25
TOWTRUCK COMPANY REQUIREMENTS; PROVIDING FOR 26
CONSENT-ONLY TOWTRUCK COMPANY REQUIREMENTS; 27
PROVIDING FOR MAXIMUM NONCONSENT TOWING AND 28
STORAGES RATES FOR NON-CONSENT TOW SERVICES; 29
PROVIDING FOR TOWTRUCK DRIVER REQUIREMENTS AND 30
FAILURE TO COMPLY; PROVIDING FOR FRAUDULENT 31
TRANSFER OF TOWTRUCK COMPANIES; PROVIDING FOR 32
DECEPTIVE AND UNFAIR TRADE PRACTICES, PROVIDING FOR 33
CEASE AND DESIST ORDERS, PROVIDING FOR ASSURANCES 34
OF VOLUNTARY COMPLIANCE; PROVIDING FOR 35
ENFORCEMENT AND CIVIL/CRIMINAL PENALTIES; 36
PROVIDING FOR ADMINISTRATIVE ENFORCEMENT, DENIAL, 37
REVOCATION AND SUSPENSION OF OPERATING PERMITS; 38
PROVIDING FOR ADDITIONAL PENALTIES; PROVIDING FOR 39
HEARINGS AND APPEALS; PROVIDING FOR SCOPE; 40
PROVIDING FOR REPEAL OF LAWS IN CONFLICT; PROVIDING 41
FOR A SAVINGS CLAUSE; PROVIDING FOR INCLUSION IN THE 42
CODE OF LAWS AND ORDINANCES; PROVIDING FOR 43
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. 44
Palm Beach County Towtruck Ordinance 2010-001
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1
2
WHEREAS, numerous persons and firms in Palm Beach County engage in the 3
business of recovering, towing and storing of motor vehicles and vessels; and 4
5
WHEREAS, such towing services frequently must be provided without the prior 6
consent of the vehicle/vessel owner, or under circumstances which prevent negotiating 7
the charges, terms and conditions for the towing service, often resulting in disagreements 8
and complaints between vehicle/vessel owners and providers of towing services; and 9
10
WHEREAS, the vehicles and equipment used to tow vehicles/vessels across the 11
thoroughfares of Palm Beach County and the manner in which towing is conducted are of 12
considerable significance to the health, safety and welfare of the owners of towed 13
vehicles/vessels and of the residents and visitors in Palm Beach County; and 14
15
WHEREAS, Sections 125.0103(b), 166.043(c) and 715.07(2), Florida Statutes, 16
empowers the Board of County Commissioners to enact regulations pertaining to the 17
towing industry, including the authority to regulate maximum rates when vehicles are 18
towed or removed from private property; and 19
20
WHEREAS, the Ordinance is amended to clarify the licensing and enforcement 21
procedures for towing companies and towtruck drivers; and 22
23
WHEREAS, the United States Supreme Court decision in Ours Garage vs. City of 24
Columbus, 536 U.S. 424 (2002) held that states could delegate their authority to regulate 25
non-consent towing services as it relates to price and safety; and 26
27
WHEREAS, pursuant to Section125.0103(b), Florida Statutes, counties have been 28
delegated the authority to regulate towing; and 29
30
WHEREAS, the Board of County Commissioners of Palm Beach County finds it 31
to be in the best interest of the County, its citizens and its visitors to license and regulate 32
non-consent and consent towing services and all drivers who perform towing services 33
within Palm Beach County, to assure that all who provide the services are fit and 34
competent to do so and that such services are delivered in a safe and efficient manner; 35
and 36
37
WHEREAS, the Board of County Commissioners of Palm Beach County hereby 38
amends Palm Beach County Code Chapter 19, Article VIII, (Ordinance No. 2005-009). 39
40
41
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY 42
COMMISSIONERS OF PALM BEACH COUNTY, FLORIDA, that: 43
44
45
Palm Beach County Towtruck Ordinance 2010-001
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SECTION 1. Title. 1
This Ordinance shall be known and cited as the Towtruck Ordinance of Palm Beach County, 2
Florida. 3
4
SECTION 2. Definitions. 5
For the purposes of this Ordinance, the following definitions shall apply: 6
1. Administrative/Lien Fee shall mean the fee that is charged for title and lien 7
search, advertising costs, and notification of lien holder and owner of the 8
whereabouts and charges against a vehicle or vessel. 9
2. Advertisement shall mean any written statement made in connection with the 10
solicitation of a towtruck company and includes without limitation, statements 11
and representations made in a newspaper, telephone directory or other 12
publication, radio, television, electronic medium or contained in any notice, 13
handbill, business card, sign, catalog, billboard, brochure, poster or letter. 14
3. Applicant shall mean any person who applies for an operating permit or with 15
Palm Beach County. In the case of partnerships, associations, corporations and 16
other legal entities, "applicant" shall also mean any member of a partnership and 17
the corporate officers and directors. 18
4. Authorized Driver/Agent shall mean any person who is empowered to act on 19
behalf of the vehicle/vessel owner or lien holder. 20
5. Commission shall mean the Board of County Commissioners of Palm Beach 21
County, Florida. 22
6. Compensation shall mean the exchange of goods or services for money, 23
property, service or anything else of value. 24
7. Consent Tow shall mean the recovery, towing and storage of a vehicle or vessel 25
with the authorization/consent of the vehicle/vessel owner or authorized driver. 26
8. Consent Tow Company shall mean a person(s) who tows a motor vehicle/vessel 27
with the authorization/consent of the vehicle/vessel owner or authorized 28
driver/agent. 29
9. Consent-Only Towing Operating Permit shall mean the authority required by 30
the provisions of this Ordinance of any individual or towing company engaging in 31
the business of performing consent-only towing of vehicles/vessels. 32
10. Commercial Towing Company shall mean any person or business entity which 33
tows or recovers vehicles/vessels commercially which results in compensation 34
from the sale or resale of vehicles/vessels or salvaged parts. 35
11. Director shall mean the Division Director, or his or her designee. 36
12. Division shall mean the Consumer Affairs Division designated to implement, 37
enforce and monitor this Ordinance. 38
13. Duly Authorized Agent shall mean a person designated by and acting on behalf 39
of a real property owner per contractual agreement to request Private Property 40
Impounds. The duly authorized agent shall have no affiliation with the towtruck 41
company providing the towing service. The real property owner shall only 42
appoint duly authorized agents which have a direct connection to the property 43
(i.e., board member, employee of the property management company or 44
home/condo owner’s association, employee of the real property owner or state of 45
Palm Beach County Towtruck Ordinance 2010-001
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Florida licensed security agency contracted by the real property owner or 1
manager). 2
14. Employee shall mean a person who is compensated financially for a period of not 3
less than twenty (20) hours per week and who performs all of his/her employment 4
functions on the property of the employer or management company and is issued 5
an annual federal tax statement of earnings (W-2Form). 6
15. Extra Time at Scene/Labor shall mean any extra time beyond one-half hour, 7
needed to safely remove a vehicle or vessel and shall also include the amount of 8
time spent at a scene when a towtruck has been summoned and is on scene but 9
unable to proceed through no fault of the towtruck operator. All extra time/labor 10
shall be documented by the towtruck driver and shall include the name of the law 11
enforcement agency and the law enforcement agency case number or the officer’s 12
name and badge number. The documentation shall also include a detailed 13
explanation of the services rendered which necessitated the charges and if 14
possible photographs of the scene. Extra time/labor shall be charged in 15-minute 15
increments. 16
16. Good Faith Effort shall mean that required steps have been performed by the 17
towtruck company according to Florida Statute 713.78, Section (4) (d) to locate 18
the vehicle/vessel owner or lien holder. 19
17. Gross weight shall mean the weight of a towtruck in pounds plus the weight of 20
the vehicle(s)/vessel(s) and contents being towed. 21
18. License shall mean the Business Operating Permit, Certificate or document which 22
allows a person to engage in Palm Beach County in the activity of recovering, 23
towing, removing, and storing of vehicles and/or vessels for compensation. As 24
used in this article, a license shall not mean a municipal or county Business Tax 25
Receipt. 26
19. Light Reflective Sign shall mean an 18 inch wide by 24 inch high sign made of 27
aluminum (at least .040 thickness) or fiber reinforced plastic (at least .090 28
thickness). The entire background surface and all lettering must at a minimum be 29
Type 1 Engineered Grade Sheeting (ASTM D4956-01) or 3M Engineer Grade 30
Prismatic Reflective Sheeting Series 3430 (or equivalent). The letters may be 31
screen printed on the Type 1 sheeting using a compatible transparent ink so that 32
the retroreflection is maintained and visible. 33
20. Mechanical Connection shall mean any type of physical connection between a 34
vehicle or vessel to be towed and the towtruck/flatbed truck/car carrier and 35
includes the use of devices for maneuvering unattended vehicles/vessels unable to 36
be safely moved by conventional winching or towing equipment. 37
21. Non-consent Tow shall mean the recovery, towing, removal and storage of a 38
vehicle or vessel without authorization of the vehicle/vessel owner or authorized 39
driver and shall include both “Police Directed Tows” and “Private Property 40
Impounds” as defined herein. 41
22. Non-Consent Towing Company shall mean person(s) who perform “Police 42
Directed Tows” or “Private Property Impounds” as defined herein. 43
23. Operate shall mean providing the services of recovering, towing, or removing 44
vehicles or vessels and any vehicle/vessel storage services associated therewith. 45
Palm Beach County Towtruck Ordinance 2010-001
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24. Operator shall mean any person who provides the services of recovering, towing, 1
or removing vehicles and any vehicle storage services associated therewith and 2
includes without distinction the owning entity of a towing firm and the driver of a 3
tow truck. 4
25. Person shall mean any natural person, firm, partnership, association, corporation 5
or other entity of any kind whatsoever. 6
26. Place of business shall mean the towtruck company that provides towing, 7
removal, recovery and storage services. 8
27. Police Directed Tow shall mean the removal and storage of a wrecked or 9
disabled vehicles at the direction of police/law enforcement from an accident 10
scene or the removal and storage of a vehicles in the event the vehicle owner or 11
authorized driver is incapacitated, unavailable, or otherwise does not consent to 12
the removal of the vehicle, excepting, however, all incidents of “Private Property 13
Impounds” as herein defined below. 14
28. Prior Express Instruction shall mean a clear, definite and explicit request: a) 15
made by a police agency to recover, tow, remove, or store a specific and 16
individual vehicle or vessel which is disabled, abandoned, or parked without 17
authorization or whose vehicle/vessel owner or authorized driver is unable or 18
unwilling to remove the vehicle; or b) made in writing by a real property owner or 19
duly authorized agent of the real property owner, as specifically referenced on the 20
written contract between the real property owner and towtruck company, to 21
recover, tow, remove and store a specific and individual vehicle or vessel parked 22
without permission of the real property owner. The towtruck company, an 23
employee or agent thereof shall not be the designated agent of the real property 24
owner for the purpose of providing prior express instruction to recover, tow, 25
remove or store the vehicle or vessel. 26
29. Private Property Impound shall mean towing or removal of a vehicle or vessel, 27
without the consent of the vehicle/vessel’s owner or authorized driver when that 28
vehicle/vessel is parked on real property, as authorized by Section 715.07, Florida 29
Statutes, as may be amended. 30
30. Proof of Ownership for Vehicle/Vessel Release shall mean that one or more of 31
the following documents are required along with a government issued photo 32
identification: 33
a. Current vehicle registration; 34
b. Vehicle Title; 35
c. An authorized driver/agent with a notarized release from the 36
vehicle/vessel owner or lien holder. Vehicle/Vessel owners have the right 37
to identify/approve designated agents to claim vehicles on their behalf. A 38
facsimile or electronic transfer of a notarized release statement from the 39
vehicle/vessel owner shall be accepted; 40
d. Insurance Card with the vehicle/vessel owner’s information, vehicle 41
description and Vehicle Identification Number; 42
e. Licensed Dealer in possession of an auction buyers sales invoice; and/or 43
f. A notarized bill of sale for non-titled vehicles or vessels. 44
If the owner of the vehicle has had his/her Florida driver’s license confiscated by 45
Palm Beach County Towtruck Ordinance 2010-001
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law enforcement and has no other government issued photo identification then at 1
least one of the following forms of identification shall be accepted: an itemized 2
voucher/property receipt from an arresting law enforcement agency, a booking or 3
arrest record, or original citation from a law enforcement agency all issued within 4
seven (7) days of the date the vehicle was towed. 5
31. Real Property Owner shall mean that person who exercises dominion and 6
control over real property, including but not limited to, the legal titleholder, 7
lessee, designated representative of a condominium or homeowner's association 8
or any person authorized to exercise or share dominion and control over real 9
property; provided, however, that "real property owner" shall not mean or include 10
a person providing towing services within the purview of this Ordinance. 11
32. Recover shall mean to take possession of a vehicle or vessel and its contents and 12
to exercise control, supervision and responsibility over it. 13
33. Recovery shall mean the removal of a vehicle or vessel from an area not readily 14
accessible to a roadway (i.e., within a standard cable length). 15
34. Remove shall mean to change the location of a vehicle by towing it. 16
35. Revoke shall mean to annul and make void the operating permit of a towtruck 17
company engaged in providing towing services. 18
36. Storage shall mean to place and leave a towed vehicle or vessel at a location 19
where the person providing the towing services exercises control, supervision and 20
the responsibility over the vehicle. 21
37. Storage facility shall mean the location where towed vehicles or vessels are 22
stored. 23
38. Tow shall mean to haul, draw or pull along a vehicle or vessel by means of a 24
towtruck equipped with booms, car carriers, winches or similar commercially 25
manufactured equipment. 26
39. Towing shall mean the act of moving one vehicle or vessel from one point to 27
another (including hook-up, lift, and transport) using what is commonly referred 28
to as a tow truck or a car carrier. 29
40. Towing Operating Permit shall mean the authority required by the provisions of 30
this Ordinance of any individual or towing company engaging in the business of 31
both non-consent and consent towing of vehicles/vessels. 32
41. Towtruck shall mean any vehicle used to tow, haul, carry or to attempt to tow, 33
haul or carry a vehicle or vessel. 34
42. Towtruck Company shall mean any person, company, corporation, or other 35
entity, which engages in, owns or operates a business which provides towing, 36
recovery, removal and storage of vehicles or vessels for compensation. 37
43. Towtruck Decal shall mean a decal placed upon any towtruck granted approval 38
to provide non-consent towing services by the Division. 39
44. Towtruck Driver shall mean the individual who is driving or physically 40
operating a towtruck for a towtruck company engaged in non-consent tows. 41
45. Unfair or deceptive trade acts or practices shall mean unfair methods of 42
competition, unconscionable acts or practices and unfair deceptive acts or 43
practices in the conduct of any consumer transaction and shall include but are not 44
limited to the following: 45
Palm Beach County Towtruck Ordinance 2010-001
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a. Representations that goods or services have sponsorship, approval, 1
characteristics, ingredients, uses, benefits, or quantities which they do not 2
have; 3
b. Representations that a person or towtruck company has a sponsorship, 4
approval, status, affiliation or connection which he or she does not have; 5
c. Representations that goods are original or new if in fact they are not, or if 6
they are deteriorated, altered, reconditioned, reclaimed, or second-hand; 7
d. Representations that goods are of a particular standard, brand, quality, 8
style, or model, if they are of another; 9
e. Representations that goods or services are those of another, if they are not; 10
f. Using deceptive representations or designations of geographic origin in 11
connection with goods or services; 12
g. Advertising goods or services intending not to sell them as advertised; 13
h. Advertising goods or services with intent not to supply reasonable 14
expectable public demand, unless the advertisement discloses a limitation 15
of quantity; 16
i. Making false or misleading statements concerning the need for, or 17
necessity of, any goods, services, replacements, or repairs; 18
j. Disparaging the goods, services, or business of another by false or 19
misleading representations of fact; 20
k. Making false or misleading statements of fact concerning the reasons for 21
the existence of, or amounts of price reductions; 22
l. Failing to return or refund deposits or advance payments for goods not 23
delivered or services not rendered, when no default or further obligation of 24
persons making such deposits or advance payments exists; 25
m. Taking consideration for goods or services intending not to deliver such 26
goods or perform such services, or intending to deliver goods or provide 27
service materially different from those contracted for, ordered or sold; 28
n. Offering gifts, prizes, free items, or other gratuities, intending not to 29
provide them as offered in connection with a sale of goods or services to a 30
consumer; 31
o. Making false or misleading statements concerning the existence, terms, or 32
probability of any rebate, additional goods or services, commission, or 33
discount offered as an inducement for the sale of goods or services; 34
p. Using physical force, threat of physical force, or coercion in dealing with 35
consumers; 36
q. Any violation of the Florida Deceptive and Unfair Trade Practices Act, 37
Section 501.201 et seq., Florida Statutes. 38
46. Vehicle shall mean an automobile, truck, bus, trailer, motorcycle, moped, 39
motorized scooters, recreational unit primarily designed as temporary living 40
quarters which either has its own motive power or is drawn by another vehicle, or 41
any other mobile item using wheels and being operated on the roads of Palm 42
Beach County, which is used to transport persons or property and is propelled by 43
power other than muscular power; provided, however, that the term does not 44
include bicycles, traction engines, road rollers, commercial heavy equipment or 45
Palm Beach County Towtruck Ordinance 2010-001
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vehicles which run only upon a track. 1
47. Vessel shall mean every description of watercraft, barge and air boat used or 2
capable of being used as a means of transportation on water, other than a seaplane 3
or a “documented vessel” as defined in s.327.02, Florida Statutes. 4
48. Vehicle or Vessel Owner shall mean a person with the “Proof of Ownership” 5
described in this Ordinance. 6
7
SECTION 3. Towtruck Class Specifications. 8
All towing vehicles must meet the following requirements and be commercially manufactured 9
and meet all federal transportation and towtruck requirements. 10
A. Class A Ratings 11
Towtruck 12
1. Minimum gross weight ................................................... 14,500 lbs. 13
2. Minimum boom capacity ................................................ 16,000 lbs. 14
3. Minimum winching capacity ............................................. 8,000 lbs 15
4. Minimum cable size and length ........................................ 3/8"X100' 16
5. Minimum wheel lift retracted rating ................................. 5,000 lbs. 17
6. Minimum wheel lift extended rating ................................ 4,000 lbs. 18
7. Minimum tow sling safe lift .............................................. 3,500 lbs. 19
8. Minimum safety chains (2 each) ................................5/16" grade 70 20
9. Minimum cab to axle dimension .................................................. 60" 21
22
Car Carrier 23
1. Minimum gross weight ................................................... 15,000 lbs. 24
2. Minimum deck capacity .................................................. 10,000 lbs. 25
3. Minimum length ........................................................................... 19’ 26
4. Minimum winching capacity ............................................ 8,000 lbs. 27
5. Minimum cable size and length .......................................... 3/8"X50' 28
6. Minimum tie down chains (4 each) ..........................5/16" grade 80 29
7. Tie down straps (optional) (4 each) ............... 2,000 lbs. each wheel 30
8. Minimum cab to axle dimension ................................................ 120" 31
32
Light Duty – Non-Police Towing 33
1. Minimum gross weight… ................................................ 9,500 lbs. 34
2. Minimum weight of towtruck ........................................... 4,000 lbs. 35
3. Minimum wheel lift extended rating ................................. 2,500 lbs 36
4. Minimum cab to axle dimension ................................................. 60” 37
38
B. Class B Ratings (Medium Duty) 39
40
Towtruck 41
1. Minimum gross weight ................................................... 19,000 lbs. 42
2. Minimum boom capacity ................................................ 24,000 lbs. 43
3. Minimum winching capacity ......................................... dual 12,000 44
4. Minimum cable size and length .................................... 7/16” x 150’ 45
Palm Beach County Towtruck Ordinance 2010-001
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5. Minimum wheel lift retracted rating ............................... 10,500 lbs. 1
6. Minimum wheel lift extended rating ................................ 6,500 lbs. 2
7. Minimum tow sling safe lift .............................................. 3,500 lbs. 3
8. Minimum safety chains (2 each) ..................................3/8" grade 80 4
9. Minimum cab to axle dimension ................................................. 96” 5
10. Required State DOT Registration 6
7
Car Carrier 8
1. Minimum gross weight ................................................... 22,500 lbs. 9
2. Minimum deck capacity .................................................. 10,000 lbs. 10
3. Minimum wheel lift capacity for 2nd vehicle ................... 4,000 lbs. 11
4. Minimum length ........................................................................... 19' 12
5. Minimum winching capacity ............................................ 8,000 lbs. 13
6. Minimum cable size and length .......................................... 3/8"X50' 14
7. Minimum tie down chains (4 each) ...........................5/16" grade 80 15
8. Tie down straps (optional) (4 each) .............. 2,000 lbs. Each wheel 16
9. Minimum cab to axle dimension ................................................ 120" 17
10. Required State DOT Registration 18
19
C. Class C Towtruck - Ratings (Heavy Duty) 20
1. Minimum gross weight ................................................... 33,000 lbs. 21
Air brakes, all tires H rated, capacity must 22
equal axle rating. Device required to control 23
disabled vehicle’s brakes. 24
2. Minimum boom capacity ................................................ 50,000 lbs. 25
3. Minimum winching capacity .......................................... 50,000 lbs. 26
4. Minimum cable size and length ........................................ 5/8"X150' 27
5. Minimum wheel lift retracted rating ............................... 40,000 lbs. 28
6. Minimum wheel lift extended rating .............................. 12,000 lbs. 29
7. Minimum tow Bar. .......................................................... 10,000 lbs. 30
8. Minimum safety chains (2 each) ..................................1/2" grade 80 31
9. Minimum cab to axle dimension ................................................ 156" 32
10. Required State DOT Registration 33
34
D. Class D. Towtruck - Ratings (Ultra Heavy Duty) 35
1. Minimum gross weight ................................................... 58,000 lbs. 36
Air brakes, all tires H rated, capacity must 37
equal axle rating. Device required to control 38
disabled vehicle’s brakes. Tandem axles required. 39
2. Minimum boom capacity. ............................................. 100,000 lbs. 40
3. Minimum winching capacity. ....................................... 100,000 lbs. 41
4. Minimum cable size and length ........................................ 3/4"X250' 42
5. Minimum wheel lift retracted rating ............................... 40,000 lbs. 43
6. Minimum wheel lift extended rating ..................................... 15,000 44
7. Minimum heavy-duty towbar rating ............................... 10,000 lbs. 45
Palm Beach County Towtruck Ordinance 2010-001
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8. Minimum safety chains (2 each) .................................1/2" grade 80 1
9. Minimum cab to axle dimension .................................................. 18’ 2
10. Required State DOT Registration 3
4
SECTION 4. Operating Permit Required. 5
A. Towing: It shall be unlawful for any person to recover, tow, remove or store a 6
vehicle/vessel for compensation in Palm Beach County or to cause or permit any other 7
person for compensation to recover, tow, remove or store a vehicle/vessel in Palm Beach 8
County. It shall also be unlawful or to advertise said services without first obtaining and 9
maintaining a current and valid operating permit pursuant to the provisions of this 10
Ordinance. A person conducting non-consent tows in Palm Beach County but having 11
his/her primary place of business outside of Palm Beach County shall be required to 12
obtain an Operating Permit and shall be subject to all the provisions of this Ordinance. 13
B. Nothing in this Ordinance shall be construed to prohibit the discharge or storage of a 14
vehicle lawfully recovered, towed or removed in another county and lawfully transported 15
into Palm Beach County; nor shall anything in this Ordinance be construed to prohibit a 16
vehicle owner or authorized agent from requesting the services of a towing business not 17
regularly doing business in Palm Beach County (i.e., routinely, contracted, etc.) to tow or 18
transport such vehicle out of Palm Beach County. 19
C. The provisions of this Ordinance shall not apply to governmental agencies, vehicle rental 20
companies which tow their own vehicles, to businesses utilizing trucks capable of 21
transporting five (5) or more vehicles at one time, or to persons who use towing vehicles 22
to transport their vehicles solely for personal, family, household or recreational use. 23
24
SECTION 5. New Applications/Renewals and Issuance of Operating Permit; 25
Fees. 26
27
A. The Division shall issue either a Towing Operating Permit or a Consent-Only Towing 28
Operating Permit to towtruck companies which have met the standards and requirements 29
for an operating permit as provided for in this Ordinance. 30
B. Every application/renewal for an operating permit shall be in writing, signed and verified 31
by the applicant, and filed with the Division. The application/renewal shall be on a form 32
prescribed by the Division and shall contain information, including but not limited to: 33
1. Sufficient information to identify the applicant, including but not limited to, full 34
legal name, date of birth, telephone numbers, the place of business and residence 35
addresses, a copy of the applicant's Palm Beach County Business Tax Receipt and 36
Florida driver's license number. If the applicant is a corporation, the foregoing 37
information shall be provided for each corporate officer, director, registered agent 38
and shareholder. If the applicant is a partnership, the foregoing information shall 39
be provided for each general and limited partner. Post office box addresses shall 40
not be accepted. 41
2. Documentation demonstrating that all corporate or partnership applicants are 42
qualified under the laws of Florida to do business under the trade name or names 43
under which it has applied for an operating permit. 44
3. A list of all persons with any ownership interest in the company who have 45
Palm Beach County Towtruck Ordinance 2010-001
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previously been denied an operating permit from this or any other jurisdiction. 1
4. Verification of the business’ current corporate status and Fictitious Name 2
Registration (if applicable) with the State of Florida. 3
5. Any trade name under which the business operates, intends to operate, or has 4
previously operated. 5
6. The location and physical addresses of all places of business including storage 6
facilities. 7
7. A description of services proposed to be provided, including, but not limited to, 8
days and hours of operation and types of towing and storage services to be 9
provided. 10
8. Proof of insurance as required in Section 7 (Insurance Requirements) of this 11
Ordinance. As proof of insurance, a certificate of insurance must be submitted on 12
the company’s behalf directly to the Division by the insurance company or agent. 13
9. A signature of each individual applicant, president or vice-president of a 14
corporation and of all the general and limited partners of a partnership having 25 15
percent or greater ownership in the company. 16
10. The submission of a statement assuring that each towtruck is commercially 17
manufactured, meets the specifications listed herein, is in safe operating condition 18
and receives routine service/maintenance. 19
11. An agreement on the part of the applicant to abide by the provisions of this 20
Ordinance and the laws of the State of Florida. 21
12. Such additional information required by the Division to process the 22
application/renewal. 23
C. The Division shall review and investigate each application/renewal of an operating 24
permit and shall deny any application/renewal that is incomplete or untrue in whole or in 25
part, or which fails in any way to meet the requirements of this Ordinance including but 26
not limited to the following: 27
1. The applicant has been convicted of, found guilty of, or pled guilty or nolo 28
contendere to, regardless of the adjudication of guilt, within the last ten (10) years 29
involving: repossession of a motor vehicle under Chapter 493, F.S., repair of a 30
motor vehicle under ss. 559.901-559.9221, F.S., theft of a motor vehicle under s. 31
812.014, F.S., carjacking under s. 812.133, F.S., operation of a chop shop under s. 32
812.16, F.S., failure to maintain records of motor vehicle parts and accessories 33
under s. 860.14, F.S., airbag theft or use of fake airbags under s. 860.145 or s. 34
860.146, overcharging for repairs and parts under 860.15, F.S., or violation of the 35
towing or storage requirements for a motor vehicle under s. 321.051, F.S., 36
Chapter 323, F.S., s. 713.78, F.S., s. 715.07, F.S., or any felony where use of a 37
vehicle was involved in theft of property. In the case of a corporate or partnership 38
applicant, all corporate officers and directors, or partners shall provide all such 39
information, as the case may be. 40
2. Any unsatisfied civil fines or penalties arising out of an administrative or 41
enforcement action brought by the Division (including any Cease and Desist 42
Orders and/or Assurances of Voluntary Compliance issued by the Division) or 43
another governmental agency based upon conduct involving a violation of this 44
Ordinance or other towing regulations. 45
Palm Beach County Towtruck Ordinance 2010-001
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3. Any criminal, administrative, or enforcement proceeding in any jurisdiction based 1
upon conduct involving a violation of this Ordinance or other towing regulations. 2
This paragraph shall apply to consent-only towing companies when such 3
proceedings from other jurisdictions relate to public safety. 4
4. Any unsatisfied judgments entered in an action brought by the Division under this 5
Ordinance. 6
5. Has had its operating permit previously revoked by action of the Division or any 7
other jurisdiction within two (2) years of the date of application. This paragraph 8
shall apply to consent-only towing companies when such proceedings relate to 9
public safety. 10
D. All towtruck companies which desire to operate in Palm Beach County must secure an 11
operating permit and follow the permitting procedures described in this section prior to 12
conducting business. If there are six months or less remaining before the annual renewal 13
period, the non-refundable fee for the operating permit shall be fifty (50) percent of the 14
approved fee, otherwise all other fees are applicable. 15
E. Each operating permit and towtruck decal issued pursuant to this section shall be valid 16
and effective for one (1) year, terminating on December 31 of each year. Failure to 17
submit an operating permit application and the required non-refundable fee for renewal 18
by September 30 of each year will result in the assessment of a non-refundable late fee. 19
All fees shall be established by a resolution of the Commission. 20
F. Towtruck companies failing to submit a complete and true application within thirty (30) 21
calendar days after the Division’s receipt of the application shall be denied an operating 22
permit. Within ten (10) business days of receipt of the Division’s notice of denial, such 23
towtruck companies may refile a complete and true application and pay a non-refundable 24
application re-filing fee established by a resolution of the Commission. Failure to refile 25
an application within this ten (10) day period will result in the towtruck company being 26
required to submit a new application and repaying the non-refundable application permit 27
fee and applicable towtruck decal fees. The failure to refile and pay the required fees 28
will result in the denial of the operating permit application for that licensing period. 29
G. After initial application and upon renewal, the applicant shall submit to a background 30
investigation every other year. 31
H. Each operating permit shall be printed on a certificate containing, at a minimum, the 32
name and address of the company, the name of the principal, the dates the operating 33
permit is in effect, and the identifying number assigned by the Division to the company. 34
The operating permit certificate issued by the Division shall remain the property of Palm 35
Beach County and shall be used only under the authority of the Division. 36
I. All operating permits shall be renewed annually. As a part of the renewal process, the 37
original application shall be updated and verified by the applicant. Each updated renewal 38
application shall be accompanied by a non-refundable fee. All operating permits which 39
are not renewed shall automatically expire upon the expiration date of the operating 40
permit, as stated on the operating permit, and all recovery, towing, removing and storage 41
services permitted shall cease immediately. The Division shall deny each renewal 42
application that is not timely, is incomplete, is untrue in whole or in part, is 43
unaccompanied by the required fees, or results in a determination by the Division that the 44
applicant has failed to satisfy the requirements of this Ordinance. 45
Palm Beach County Towtruck Ordinance 2010-001
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J. An operating permit issued or renewed pursuant to the provisions of this section shall not 1
be transferable, nor shall the ownership structure of the operating permit be so modified 2
as to constitute a change in the control or ownership of the operating permit. If the 3
business changes its name or ownership structure, a new business permit application and 4
the business application permit fee shall be submitted to the Division within forty-five 5
(45) days of said change. In cases where the name of the business changes, the new 6
business will be required to have each vehicle inspected and must also pay decal/vehicle 7
fees. 8
K. Failure to comply with the provisions of this section may result in denial of an operating 9
permit, revocation or suspension of the operating permit, a denial of renewal of such 10
operating permit, issuance of a civil citation, a criminal conviction and/or other such 11
remedies available to the Division herein. 12
L. All fees collected shall be deposited in a separate County fund for the Division’s 13
operation. 14
M. Start-Up: The Board of County Commissioners may adjust the operating permit fees, 15
decal fees and the deadline for submitting applications if the initial licensing period is 16
less than a full year after the effective date of this Ordinance. Towtruck companies 17
which were issued 2010 operating permits prior to the effective date of this Ordinance 18
shall not be required to pay any increase or additional fees implemented through the 19
approval of this Ordinance for the start-up year. 20
21
SECTION 6. Inspection of Storage Yards and Public Offices Required. 22
23
A. Prior to the issuance of an operating permit, the Division shall inspect each storage 24
facility and public office area to assure compliance with this Ordinance and the 25
following: 26
B. Non-Consent Towing Storage facilities must meet the following requirements: 27
1. Adequate chain-link or solid-wall fencing that has a minimum height of six (6) 28
feet with lockable and secure gates surrounding the storage facility. 29
(713.78(7)(b)1), F.S. 30
2. At least ten (10) feet by twenty (20) feet of outdoor storage space for each 31
standard vehicle/vessel (more for larger vehicles). The facility must be able to 32
accommodate a minimum of ten (10) standard size vehicles. For towing 33
companies unable to provide outdoor storage, an indoor facility must be provided 34
with the same space for a minimum of ten (10) standard size vehicles and must 35
use one or more of the security methods defined herein. Towing companies 36
which provide only indoor storage shall not exceed the maximum allowable 37
outdoor storage rates established by the Commission. 38
3. At least ten (10) feet by twenty (20) feet of indoor storage space for each standard 39
vehicle/vessel. The indoor storage space must adequately protect the vehicle 40
from natural (i.e., rain, hail, etc.) and man-made (i.e., paint, chemicals, etc.) 41
elements, be isolated to prevent contact with unapproved personnel/public and be 42
placed in such a manner to prevent damage by any other means. Indoor storage 43
space shall be adequately vented to the outside to prevent accumulation of toxic 44
fumes or gases that may pose a threat to human health. The indoor facility must 45
Palm Beach County Towtruck Ordinance 2010-001
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be able to accommodate a minimum of at least two standard size vehicle. 1
4. Illuminate the storage facility with lighting of sufficient intensity to reveal 2
persons and vehicles/vessels at a distance of 150 feet during nighttime. 3
(713.78(7)(b)2), F.S. 4
5. Each storage facility must use one or more of the following security methods to 5
discourage theft of vehicles/vessels or of any personal property contained in such 6
vehicles/vessels: 7
a. A night dispatcher or watchman remaining on duty at the storage facility 8
from sunset to sunrise; 9
b. A guard dog (as licensed and approved by the Palm Beach County Animal 10
Care & Control Division) which remains at the storage facility from sunset 11
to sunrise; 12
c. Security cameras or other similar electronic surveillance devices which 13
monitor and record activities in the storage facility during the hours the 14
business is closed to the public; or 15
d. A licensed security guard service which examines/patrols the storage 16
facility at least once each hour from sunset to sunrise. (713.78(7)(b)3), 17
F.S. 18
6. An appropriate office area protected from the weather and equipped with a wired 19
telephone system and approved sanitary facilities in accordance with the 20
requirements of Chapter 64E-10, FAC. 21
C. By resolution, the Commission may establish a storage yard inspection fee. 22
23
SECTION 7. Insurance Requirements. 24
A. It shall be unlawful for any towtruck company to recover, tow, or remove a 25
vehicle/vessel or to provide vehicle/vessel storage services in connection therewith until 26
that company has filed with the Division and maintains in effect, the following types of 27
commercial insurance: auto liability for each vehicle, general/garage liability, on-hook 28
cargo liability and worker’s compensation (as required by state law). The Board shall 29
establish the minimum insurance limits by resolution for each insurance type. 30
B. All insurance policies required shall be issued by insurance companies licensed and 31
admitted to write commercial liability insurance in the State of Florida. No policy shall 32
be accepted which is less than a six (6) month duration. Each policy shall be endorsed to 33
provide for thirty (30) days written notice to the Division of any non-renewal of the 34
policy or at least ten (10) days written notice to the Division of any cancellation/non-35
payment of the policy. 36
C. A properly completed Certificate of Insurance evidencing all insurance coverages shall 37
be made available to the Division upon application for an operating permit. Each vehicle 38
must be listed on the certificate(s) by its year, make and vehicle identification number. 39
Certificates of Insurance must contain the following name and address as Certificate 40
Holder: 41
Board of County Commissioners of Palm Beach County 42
c/o Division of Consumer Affairs 43
50 South Military Trail 44
West Palm Beach, FL 33415 45
Palm Beach County Towtruck Ordinance 2010-001
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1
Evidence of the renewal of the policy shall be filed with the Division prior to such 2
policy’s expiration date. Failure to file such evidence of insurance, or failure to have 3
same in full force and effect, may result in denial of a permit, revocation or suspension of 4
the permit, a denial of renewal of such permit, issuance of a civil citation, a misdemeanor 5
charge or other such remedies available to the Division herein. 6
D. The Division may deny, suspend or revoke the operating permit of any company for 7
failure to obtain or maintain insurance as required by this Ordinance. Any company 8
which submits false or fraudulent insurance documents shall be subject to immediate 9
denial or revocation. Such companies shall not be eligible to reapply for a business 10
permit for five (5) years. The Division shall notify the State Department of Financial 11
Services/Division of Insurance Fraud for follow-up investigation and review. Upon 12
denial, suspension or revocation of the business permit, the company shall be entitled to 13
an appeal according to the provisions in Section 27 (Hearings and Appeals). 14
E. The Division shall suspend the operating permit of any company which fails to ensure 15
that each and every registered vehicle associated with the company has: 16
1. A current certificate of insurance provided to the Division by the authorized agent 17
or insurance company no later than the date of expiration of its previous policy, or 18
2. A reinstatement notice provided to the Division no later than the date of 19
cancellation of said policy. 20
3. Any company which has had its business permit suspended more than two (2) 21
times in any twelve (12) month period may have such permit revoked for a period 22
of 1 year. 23
F. An “administrative insurance reactivation” fee established by resolution of the Board, 24
shall be assessed all towtruck companies that are suspended pursuant to paragraph D 25
above. The suspension shall not be withdrawn until the fee is paid to the Division. 26
27
SECTION 8. Towtruck Registration; Towtruck Standards; Decals. 28
A. It shall be unlawful to recover, tow or remove a vehicle/vessel or to store it in connection 29
therewith unless the towtruck used to provide such service displays in the lower left 30
corner (driver side) of the front window a current decal issued by the Division. The 31
towtruck decal remains the property of the Division and can be used only under the 32
authority of the Division. 33
B. The Division is authorized to issue current towtruck decals for each separate towtruck 34
upon application by the towtruck company and completion or satisfaction of the 35
following: 36
1. Inspection by personnel authorized by the Division to ensure that the towtruck 37
clearly displays the company name on the exterior of the driver and passenger 38
sides in permanently affixed letters in contrasting colors at least three (3) inches 39
high. The physical address of the business, telephone number and operating 40
permit number must be in at least one (1) inch permanently affixed letters in 41
contrasting colors on the exterior driver and passenger sides. 42
2. Submission of an affidavit to the Division assuring that each towtruck is 43
commercially manufactured and meets the specifications listed in Section 3 44
(Towtruck Class Specification) of this Ordinance and is in safe operating 45
Palm Beach County Towtruck Ordinance 2010-001
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condition. 1
3. An application form prepared by the Division and completed by the towtruck 2
company, which correctly indicates the year, make, model, vehicle identification 3
number, and the State of Florida motor vehicle license plate number and the 4
expiration date of the license plate of the towtruck. A copy of the State of Florida 5
Vehicle Registration shall be provided for each vehicle to be registered/permitted 6
with the Division. 7
4. Payment of a non-refundable decal fee established by resolution of the 8
Commission and deposited and used in the same manner as other fees and charges 9
under this Ordinance. 10
5. Inspection of the towtruck by personnel authorized by the Division to ensure that 11
the towtruck meets the minimum towtruck signage requirements and safety and 12
equipment standards. The minimum safety requirements for all towtrucks shall 13
be: 14
a. Compliance with Section 3 (Towtruck Class Specification) of this 15
Ordinance; 16
b. Vehicle and towing apparatus in safe operating condition pursuant to 17
Chapter 316, F.S; 18
c. Tire conditions and tread; 19
d. Braking performance; 20
e. Lights – head, parking, rear, signal and flood; 21
f. Amber emergency lighting; 22
g. Fire extinguisher; 23
h. Safety Equipment – Flares, light reflective safety cones or red triangle 24
highway warning reflectors; and 25
i. Flashlight. 26
Towtrucks used exclusively for Police Directed tows shall be required to also 27
have the following: 28
a. “Oil Dry” or its equivalent; and 29
b. Equipment – crowbar/pryer, jumper cables, bolt cutters, 4-way lug 30
wrench, extra tow chain, five (5) gallon trash receptacle, fire axe, heavy 31
duty push broom and shovel. 32
C. It shall be unlawful for any towtruck company to alter or transfer ownership of any decal. 33
If a towtruck is destroyed or sold, the towtruck company must remove said decal and 34
surrender the remains to the Division. 35
D. Any additional towtrucks must comply with this Section prior to being used for recovery, 36
towing or removal of any vehicle/vessel. Upon compliance with this Section, additional 37
towtrucks acquired during the licensing year will receive a decal at a prorated fee. The 38
prorated fee shall be fifty (50) percent of the regular decal fee if there are six months or 39
less remaining before the annual renewal period. 40
E. Decals shall be issued in numerical order and each decal issued shall display its assigned 41
number. Decals shall be issued annually when the operating permit is renewed. 42
F. The decal for each towtruck shall be affixed by personnel authorized by the Division and 43
shall at all times be displayed and available for inspection by any law enforcement officer 44
or by personnel authorized by the Division to perform enforcement duties. 45
Palm Beach County Towtruck Ordinance 2010-001
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G. Replacement or duplicate decals may be authorized by the Division upon the completion 1
of an application and notarized statement of the towtruck company stating that such 2
replacement or duplicate decal is necessary and stating the reasons for such request, 3
along with a nominal charge to be approved by resolution of the Commission. 4
H. A towing company which has towtrucks inspected by a municipality or law enforcement 5
agency that meet the inspection requirements of this Ordinance, shall be exempt from the 6
inspection requirements herein as long as the inspection took place within ninety (90) 7
days of the required Division inspection. However, all towtrucks operating pursuant to 8
this Ordinance shall be registered with the Division and meet the vehicle safety 9
requirements of this Ordinance. 10
11
Section 9. Inspection Procedures and Requirements. 12
A. The Division shall conduct storage facility and individual towtruck inspections upon the 13
completion and submittal of all application requirements by each towtruck company. 14
The Division will provide written notification (fax or electronic notification acceptable) 15
to the towtruck company of the need for inspection of storage facilities and all towtrucks. 16
1. Within five (5) business days of notification, the towtruck company shall contact 17
the Division to schedule an appointment for inspection. Said inspection shall be 18
completed within twenty (20) business days after the towtruck company contacts 19
the Division to schedule the inspection. If the towtruck company does not 20
schedule the inspection within five (5) business days of notification, then prior to 21
inspection, an inspection late fee established by resolution of the Commission 22
must be paid to the Division. Failure to schedule the appointment following 23
initial notification by the Division within the five (5) day time period shall result 24
in the denial of the operating permit and a requirement that the operating permit 25
application be resubmitted along with applicable non-refundable operating permit 26
application re-filing fees established by resolution of the Commission. 27
2. If the towtruck company cancels the inspection, a cancellation fee must be paid to 28
the Division prior to inspection. Failure to reschedule the appointment within 29
eleven (11) business days of the initial notification by the Division or to complete 30
said inspection within twenty (20) business days after the appointment has been 31
rescheduled, shall result in the denial of the operating permit and a requirement 32
that prior to inspection, the operating permit application be resubmitted along 33
with applicable non-refundable application re-filing fees established by resolution 34
of the Commission. The applicant shall only be permitted one opportunity to 35
reschedule the required inspections. 36
B. If a storage facility inspection reveals deficiencies (fails) and a reinspection is required, 37
then a storage facility reinspection fee must be paid to the Division. The fee is to be 38
established by the Commission by resolution. Within five (5) business days of 39
notification, the towtruck company shall contact the Division to schedule an appointment 40
for reinspection. Said reinspection shall be completed within twenty (20) business days 41
after the towtruck company contacts the Division to schedule the reinspection. Failure to 42
complete said reinspection within twenty (20) business days after the appointment has 43
been scheduled, shall result in the denial of the operating permit and a requirement that 44
the application be resubmitted along with applicable non-refundable application re-filing 45
Palm Beach County Towtruck Ordinance 2010-001
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fees established by resolution of the Commission. 1
C. Upon the Division’s inspection of the storage facility and towtruck(s), if all towtrucks are 2
not available/present, then the towtruck company shall bring the unavailable truck(s) to 3
the Division’s designated inspection site within five (5) business days by appointment. If 4
the towtruck(s) are not inspected within five (5) business days, then a vehicle inspection 5
late fee must be paid to the Division. The fee is to be established by the Commission by 6
resolution. 7
D. If towtruck inspection reveals deficiencies (fails) and a reinspection is required, then the 8
failed truck(s) are to be brought to the Division’s designated reinspection site within 5 9
business days by appointment. The vehicle reinspection fee shall be applied each time the 10
individual towtruck fails the inspection process. If the towtruck is not reinspected within 11
five (5) business days, then a late vehicle reinspection fee must be paid to the Division. 12
E. Towtrucks that are out of service at the time of a scheduled vehicle inspection and are 13
expected to be out-of-service longer than five (5) business days as well as towtrucks that 14
have failed two (2) inspections will be red-tagged by the Division. A red-tag “out of 15
service” decal will be applied to the vehicle by a Division employee and the vehicle may 16
not be used for any business or towing purposes until such time as the vehicle is brought 17
to the Division’s designated site, inspected and approved for operation. Only Division 18
employees may remove the red-tag decal. 19
F. It shall be unlawful to operate a towtruck which has failed to pass any critical item 20
specified on any towtruck inspection performed by personnel authorized by the Division 21
or has failed to correct other inspection deficiencies within the time period specified by 22
the Division or is operating with safety deficiencies or without the proper insurance 23
coverage. When a towtruck has failed to pass inspection or the owner has failed to 24
correct such inspection deficiencies or the vehicle is operating with safety deficiencies or 25
without the proper insurance coverage, personnel authorized by the Division shall affix to 26
the lower left corner of the towtruck windshield a red tag “out of service” decal/notice. It 27
shall be unlawful for the towtruck company or any other person other than personnel 28
authorized by the Division to remove this notice from the windshield of the towtruck. 29
This notice shall remain the property of the Division and Palm Beach County. 30
G. It is a violation of this Ordinance not to have storage facilities and towtrucks inspected 31
according to the above requirements. Failure to pay the required fees is a violation of 32
this Ordinance. 33
34
SECTION 10. Non-consent Manifest, Towing Invoice, or Tow Sheet. 35
A. It shall be unlawful for any person providing nonconsent towing services to recover, tow 36
or remove a vehicle/vessel or provide storage in connection therewith unless the person 37
providing such service shall maintain in his possession a manifest, towing invoice, tow 38
sheet or dispatch records which shall include, but not be limited to, the following 39
information: 40
1. Name of the towtruck company and of the towtruck operator physically providing 41
the service; 42
2. Palm Beach County Decal number of the towing vehicle used to provide the 43
service; 44
3. Name, address and telephone number of the person requesting the service, except 45
Palm Beach County Towtruck Ordinance 2010-001
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as provided in Section 14.E. (Non-consent Towing With Prior Express Instruction 1
of Real Property Owner or Duly Authorized Agent and/or Law Enforcement 2
Agency) of this Ordinance; 3
4. Prior express instruction (signed and dated) of the real property owner provided in 4
the presence of the towtruck driver recovering, towing or removing the 5
vehicle/vessel except as provided in paragraph A. above. 6
5. Date and time the towtruck arrived at the location where the service is to be 7
performed; 8
6. Date and time of release to vehicle/vessel owner or authorized agent; 9
7. Location at which the service originated; 10
8. Destination to which the vehicle/vessel being provided the service is taken and 11
the time of arrival at the destination; 12
9. Description of vehicle/vessel being provided the service, including make, model, 13
year (if known), color, vehicle/vessel identification number (if visible) and license 14
plate number, if any; 15
10. Description of services provided; 16
11. The total charges listed individually and specifically as well as the description of 17
the services rendered; 18
12. When an “extra time/labor at scene” charge is applied, the towtruck driver shall 19
obtain and provide the name of the law enforcement agency and agency case 20
number. In lieu of the case number, the badge number and name of the 21
investigating law enforcement officer on the scene must be provided. A detailed 22
explanation of the services rendered which necessitated the charges shall also be 23
recorded and provided to the vehicle/vessel owner or representative upon 24
demand. 25
13. The following disclosure in bold capitalized letters of at least 12-point type: 26
IF YOU HAVE QUESTIONS OR COMPLAINTS ABOUT NON-27
CONSENT TOWS UNABLE TO BE RESOLVED BY THE 28
TOWING COMPANY MANAGEMENT, CONTACT THE PALM 29
BEACH COUNTY CONSUMER AFFAIRS DIVISION, WEST 30
PALM BEACH, FLORIDA. TELEPHONE: (561) 712-6600 OR 31
BY INTERNET: www.pbcgov.com/consumer. 32
33
COMPANIES PERFORMING NON-CONSENT TOWS IN PALM 34
BEACH COUNTY ARE REQUIRED TO ACCEPT ALL OF THE 35
FOLLOWING FORMS OF PAYMENT: 36
37
1. CASH, MONEY ORDER OR VALID TRAVELER'S CHECK; 38
AND 39
2. VALID BANK DEBIT/CREDIT CARD, WHICH SHALL 40
INCLUDE, BUT NOT BE LIMITED TO, MASTERCARD OR 41
VISA, THAT IS IN THE NAME OF THE VEHICLE/VESSEL 42
OWNER OR AUTHORIZED DRIVER/AGENT; AND 43
3. VALID PERSONAL CHECK SHOWING ON ITS FACE 44
THE NAME AND FLORIDA ADDRESS OF THE 45
Palm Beach County Towtruck Ordinance 2010-001
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VEHICLE/VESSEL OWNER OR AUTHORIZED 1
DRIVER/AGENT. 2
3
B. Each original manifest, towing invoice, or tow sheet shall be available for inspection and 4
a copy provided upon demand by law enforcement officers, by personnel authorized by 5
the Division to perform enforcement duties or to the vehicle vessel owner or his/her 6
authorized driver/agent. 7
8
SECTION 11. Advertisements. 9
In all advertisements, towtruck companies performing non-consent towing services shall furnish 10
the complete business address, telephone number and Palm Beach County Towing Operating 11
Permit Number of said towtruck company. The Permit Number is not required in telephone 12
directories where the publisher gratuitously provides a “business listing” with only the company 13
name, address and phone number. 14
15
SECTION 12. Records Required. 16
Each towtruck company shall maintain accurate and complete records including but not limited 17
to, manifests, towing invoices, or tow sheets for services rendered. When photographs are taken 18
of vehicles/vessels, the vehicle/vessel owner and the Division shall have access to such photos 19
for the purpose of inspection and/or copying. Such records and photographs shall be maintained 20
for at least three (3) years for services related to non-consent towing services and for one (1) 21
year for services related to consent-only towing services. The Division shall be granted access 22
to these records for inspection and/or copying, during regular business hours, upon 24-hours 23
prior notice. In the event, the Division is denied the opportunity to inspect and copy such 24
records; the Division shall have the right to remove the records for the purpose of copying and 25
shall return any records removed within three (3) calendar days. All records and information 26
inspected and not copied shall be confidential, except that records may be copied and made 27
public for the purpose of complaint investigations, operating permit suspension and/or 28
revocation proceedings. 29
30
Section 13. Operating Permit Required to Do Business with the County. 31
No person shall submit a bid, nor shall any contract be awarded, on any county contract or 32
agreement to recover, tow, or remove vehicles/vessels or provide storage in connection with 33
such services unless that person has a valid and current operating permit issued pursuant to this 34
Ordinance. Nothing herein shall prevent the County from contracting for more stringent 35
requirements than set forth in this Ordinance. 36
37
SECTION 14. Non-consent Towing With Prior Express Instruction of Real 38
Property Owner or Duly Authorized Agent and/or Law Enforcement Agency. 39
40
In addition to the other requirements of this Ordinance, no towtruck company shall, for 41
compensation, recover, tow, or remove a vehicle/vessel or provide storage in connection 42
therewith without the prior express instruction of the vehicle/vessel owner or authorized driver, 43
except in accordance with the following: 44
Palm Beach County Towtruck Ordinance 2010-001
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A. Police Directed Tow: Non-consent towtruck companies may for compensation recover, 1
tow or remove a vehicle/vessel based upon a police directed tow without the prior 2
express instruction of the vehicle/vessel owner or authorized driver upon the prior 3
express instruction of a law enforcement agency and in accordance with the terms of any 4
contracts or agreements between the towtruck company and a governmental entity and/or 5
law enforcement agency. 6
B. Private/Public Property Impound: Non-consent towtruck companies may for 7
compensation recover, tow or remove a vehicle/vessel on a private/public property 8
impound without the prior express instruction of the vehicle/vessel owner or authorized 9
driver, upon the prior express instruction of the real property owner or his duly 10
authorized agent on whose property the vehicle/vessel is disabled, abandoned or parked 11
without authorization or whose vehicle/ vessel owner or authorized agent is unwilling or 12
unable to remove the vehicle/vessel, provided that the requirements of this Ordinance are 13
satisfied. The non-consent towtruck company recovering, towing or removing a 14
vehicle/vessel shall, within thirty (30) minutes of completion of such towing or removal, 15
notify the appropriate law enforcement agency in which jurisdiction the vehicle/vessel 16
was parked of the nature of the service rendered, the name and address of the storage 17
facility where the vehicle/vessel will be stored, the time the vehicle was secured to the 18
towing vehicle, and the make, model, color and vehicle/vessel license plate number (if 19
any). The non-consent towtruck company shall obtain the name of the person at the law 20
enforcement agency to whom such information was reported and note that name on the 21
trip record. 22
C. Except as otherwise provided in this Ordinance, every prior express instruction made in 23
writing or in person shall indicate the date and time of the instruction and shall be signed 24
by the law enforcement officer, or the real property owner/duly authorized agent in the 25
physical presence of the towtruck company providing the service at the time the towing 26
services are performed. The law enforcement officer or the real property owner/the duly 27
authorized agent shall also print his/her full name. Prior Express Instruction 28
(signed/printed name and date) must be provided on the manifest, towing invoice or tow 29
sheet in the presence of the driver. Pre-authorization or post-authorization for prior 30
express instruction is a violation of this Ordinance and shall result in the issuance of a 31
citation and/or suspension or revocation of the operating permit. 32
D. Signing in the presence of the non-consent towtruck company/driver shall not be required 33
for a prior express instruction made by the real property owner or authorized agent 34
forwarded by facsimile transmission on a form provided by the Division. All other 35
requirements of this Ordinance shall apply and the real property owner or duly authorized 36
agent shall provide in the facsimile instruction the specific location (i.e., address, parking 37
space, etc.), color of the vehicle, make and/or model of the vehicle (if visible) and either 38
the license tag number or the vehicle identification number (if available) prior to the 39
vehicle/vessel being towed. Such facsimile instruction shall include the real property 40
owner’s or authorized agent’s signature and printed or typed full name and title, as well 41
as an electronic confirmation or electronic stamp of the date and time the instruction was 42
sent to the towtruck company. The towtruck company, in compliance with Section 12 43
(Records Required) of this Ordinance, shall maintain copies of facsimile instructions. 44
Failure of the non-consent towtruck company to act on a faxed instruction within twenty-45
Palm Beach County Towtruck Ordinance 2010-001
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four (24) hours of an expressed instruction from the property owner or designee shall 1
require the issuance of a new facsimile or express authorization. Acting on an 2
incomplete facsimile from the property owner is a violation of this Ordinance. 3
E. No non-consent towtruck company/driver shall pay or rebate money, or solicit or offer 4
the rebate of money, or other valuable consideration in order to obtain the privilege of 5
rendering towing services. The only exception is governmental franchise fees. 6
F. Except as otherwise provided in this Ordinance, no such prior express instruction shall be 7
considered to have been given: 1) by the mere posting of signage as required by Sections 8
15 (Notice Requirements for Providing Non-Consent Tow Services at Request of Real 9
Property Owners) and 18 (Maximum Non-Consent Towing and Storage Rates for Non-10
Consent Tow Services) of this Ordinance; 2) by virtue of the terms of any contract or 11
agreement between a towtruck company and a real property owner; 3) when the prior 12
express instruction occurs in advance of the actual unauthorized parking of the 13
vehicle/vessel; or 4) where the prior express instruction is general in nature and unrelated 14
to specific, individual and identifiable vehicles/vessels which are already parked without 15
authorization. 16
G. Each non-consent towtruck company shall enter into a written contract with every owner 17
or duly authorized agent (as defined herein) of private property that authorizes the non-18
consent towtruck company to tow vehicles/vessels on or from its property. This written 19
contract shall include the beginning date of said contract, the names of all persons who 20
can authorize prior express instruction to the towtruck company to remove, recover or 21
tow any vehicle/vessel on or from its property. The written contract shall include the 22
name and current telephone number of the towtruck company performing the towing 23
service, and the name, address and telephone number for any duly authorized agents 24
acting on behalf of the real property owner. The written contract for non-consent towing 25
shall also include a clear understanding of liability for the real property owner as stated in 26
s.715.07 (4) and shall include the following wording, “When a person improperly causes 27
a vehicle or vessel to be removed, such person shall be liable to the owner or lessee of the 28
vehicle or vessel for the cost of removal, transportation, and storage; any damages 29
resulting from the removal, transportation, or storage of the vehicle or vessel; attorney's 30
fees; and court costs.” No such contract shall state that the non-consent towtruck 31
company assumes the liability for improperly towed vehicles/vessel, contrary to s. 32
715.07(4), F.S. Any addendum to the contract shall include additional names and titles 33
as necessary. The non-consent towtruck company must keep on file each contract and 34
addendum (if applicable) with the property owner. Such contract shall be maintained for 35
at least twelve (12) months after termination. The Division and law enforcement officers 36
may inspect and request a copy of any and all such contracts from the non-consent 37
towtruck company during normal business hours. The non-consent towtruck company 38
may not withhold production of the contract upon demand by the Division or law 39
enforcement. Failure to enter into or keep on file a contract with the property owner shall 40
be a violation of this Ordinance. All contracts which were entered into prior to the 41
effective date of this Ordinance, shall accomplish the requirements of this subsection by 42
entering into an addendum to the current contract within three (3) months following the 43
enactment of this Ordinance. 44
45
Palm Beach County Towtruck Ordinance 2010-001
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Non-consent towtruck companies may not enter into a written contract with the owner of 1
private property that authorizes the towtruck company to tow vehicles/vessels from the 2
real property owner’s property to the storage yard where the mileage restrictions have 3
been exceeded contrary to s. 715.07 (2)(a)1, F.S., as may be amended from time to time. 4
H. Real property owners or authorized representatives shall not request the recovery, tow or 5
the removal of vehicles/vessels that are reasonably identifiable from markings or 6
equipment as law enforcement, fire fighting, rescue squad, ambulance, or other 7
emergency vehicles/vessels which are marked as such. 8
I. Real property owners or authorized agents shall not request the recovery, tow or the 9
removal of vehicles/vessels parked in a designated handicapped parking space. Such 10
instances must be handled by local law enforcement. 11
J. Any person who improperly causes a vehicle/vessel to be recovered, towed, removed or 12
stored shall be liable to the vehicle owner or authorized representative for the costs of the 13
services provided, any damages resulting from the recovery, towing, removal or storage 14
and attorney's fees and court costs. 15
16
SECTION 15. Notice Requirements for Providing Non-consent Tow Services 17
at Request of Real Property Owners. 18
19
A. In addition to the requirements of Section 14 (Non-consent Towing With Prior Express 20
Instruction of Real Property Owner or Duly Authorized Agent and/or Law Enforcement 21
Agency) of this Ordinance, non-consent towtruck companies duly permitted under this 22
Ordinance may recover, tow or remove a vehicle/vessel or provide storage in connection 23
therewith upon the prior express instruction of a real property owner or authorized agent, 24
on whose property the vehicle/vessel is abandoned or parked without authorization, 25
provided that the following requirements are satisfied: 26
1. Notice shall be prominently posted on the real property from which the 27
vehicle/vessel is proposed to be removed and shall fulfill the following 28
requirements: 29
a. A light reflective sign shall be prominently placed at each driveway 30
access/entrance or curb cut allowing vehicular access to the real property, 31
within five (5) feet from the public right-of-way line. If there are no curbs 32
or access barriers, signs shall be posted not less than one (1) sign each 33
twenty-five (25) feet of lot frontage. The sign shall be permanently 34
installed not less than three (3) feet and not more than six (6) feet above 35
ground level and shall be continuously maintained on the real property for 36
not less than twenty-four (24) hours prior to the towing or removal of any 37
vehicle/vessel(s). 38
b. The light reflective sign shall clearly display in not less than 2-inch high 39
letters on a contrasting background, the words: "UNAUTHORIZED 40
VEHICLES/VESSELS WILL BE TOWED AWAY AT THE OWNER'S 41
EXPENSE." The words "TOW-AWAY ZONE" must be included on the 42
light reflective sign in not less than 4-inch high letters on a contrasting 43
background; 44
c. The light reflective sign shall clearly indicate, in not less than 2-inch high 45
Palm Beach County Towtruck Ordinance 2010-001
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letters on a contrasting background, the days of the week, and hours of the 1
day during which vehicles/vessels will be towed away at the owner's 2
expense; and the name and current telephone number of the towtruck 3
company performing the towing service. 4
2. Light reflective signs must be maintained or replaced so that they are clearly 5
visible, legible and light reflective at all times. The towing company is 6
responsible for maintaining and replacing signs. In the event the towtruck 7
company goes out of business or is no longer performing tow services for the real 8
property owner, the real property owner is responsible for removal of signs. 9
Failing to provide, maintain, replace and/or remove the signs in accordance with 10
this section is a violation of this Ordinance. 11
3. The posting of notice requirements of this section shall not be required where: 12
a. The real property on which a vehicle/vessel is parked is property 13
appurtenant to and obviously part of a single-family type residence; or 14
b. Written notice is personally given to the vehicle/vessel owner or 15
authorized driver/agent that the real property on which the vehicle/vessel 16
is or will be parked is reserved or otherwise not available for unauthorized 17
vehicles/vessels and is subject to being removed at the vehicle/vessel 18
owner's expense. 19
B. Except as otherwise provided in Section 14, D., when any real property owner instructs 20
that a vehicle/vessel to be recovered, towed, removed from his or her property and stored, 21
s/he or a designated representative shall sign the tow ticket authorizing the tow. 22
Immediately upon request, and without demanding compensation, the real property 23
owner shall inform the vehicle/vessel owner or other authorized person in control of the 24
vehicle/vessel of the name and address of the non-consent towtruck company that has 25
recovered, towed or removed the vehicle/vessel. 26
C. If the vehicle/vessel owner or authorized driver/agent arrives at the scene prior to the 27
vehicle/vessel being removed or towed from the property, the vehicle/vessel shall be 28
disconnected from the towtruck and the vehicle/vessel owner or authorized driver/agent 29
shall be allowed to remove the vehicle/vessel without interference upon the payment of a 30
reasonable service fee of not more than one-half of the posted rate for such towing 31
service (drop charge), for which a receipt shall be given, unless that person refuses to 32
remove the vehicle/vessel which is unlawfully parked. The bill/invoice must be 33
presented to the vehicle/vessel owner authorized/driver/agent prior to request for the 34
payment. Non-consent towtruck companies are not authorized to apply a fee in cases 35
where the owner of the vehicle/vessel arrives on the scene prior to a complete mechanical 36
hook-up (road-worthy) between the towtruck and the vehicle/vessel. In the event the 37
owner/driver of the vehicle/vessel is occupying the vehicle/vessel and refuses to vacate 38
same, in addition to the drop charge, the towtruck company/driver is permitted to charge 39
extra time at the scene where law enforcement involvement is necessary and the towtruck 40
driver obtains the name of the law enforcement agency, case number of the law 41
enforcement agency and if possible the name and badge number of the investigating law 42
enforcement officer. The towtruck driver shall also prepare detailed documentation/ 43
explanation as to why “extra time at scene” charges were required. All documentation 44
shall be provided to the vehicle/vessel owner or representative upon demand. Such fee 45
Palm Beach County Towtruck Ordinance 2010-001
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shall be approved by resolution of the Commission. 1
2
Section 16. Non-consent Towtruck Company Requirements. 3
A. Non-consent towtruck companies providing services pursuant to this Ordinance shall not 4
do so when there is a person occupying the vehicle/vessel. 5
B. Non-consent towtruck companies providing services pursuant to this Ordinance shall 6
transport the vehicle/vessel directly to the storage facility of the towtruck company 7
providing the service, to such other location as a law enforcement officer authorizing the 8
tow may expressly direct, or to a location expressly directed by the vehicle owner or 9
authorized driver/agent. When the vehicle owner or authorized driver/agent expressly 10
authorizes the vehicle to be towed to a location other than the towtruck company storage 11
facility, the towtruck driver must: 12
4. Provide a “not to exceed” estimate in writing of all the rates and fees that will be 13
assessed for the tow or negotiate a consent-only towing agreement; and 14
5. Disclose in writing the three methods of payment and come to a mutually agreed 15
time as to how and when the towing company will be compensated. 16
C. It is a violation of this Ordinance for a non-consent towtruck company to keep or stage 17
impounded vehicles/vessels in any temporary area or holding facility prior to the 18
transportation of the vehicle to its approved storage facility. 19
D. Non-consent towtruck companies which provide services pursuant to this Ordinance shall 20
file and keep on record with the Division a complete copy of all current rates charged for 21
the recovery, towing or removal of vehicles/vessels and storage provided in connection 22
therewith. Such persons shall also display prominently at each storage facility the 23
following information: signage which identifies the name of the towing company, a 24
schedule of all charges and rates for removal of vehicles/vessels for private property 25
impounds; a statement that these rates do not exceed those rates filed with the Division 26
and are in accordance with the provisions of this Ordinance and the rights afforded to a 27
vehicle owner or authorized driver/agent pursuant to Florida Statutes. The above 28
information shall be posted prominently in the area designated for the vehicle/vessel 29
owner or authorized driver/agent to transact business. Such area shall provide shelter, 30
safety and lighting adequate for the vehicle/vessel owner or authorized driver/agent to 31
read the posted rate schedule. Further, notice shall be posted advising the vehicle/vessel 32
owner or authorized driver/agent of the right to request and review a complete schedule 33
of charges and rates for towing services for the jurisdiction in which the law enforcement 34
order to tow was made, and that the towtruck company is permitted by the Division 35
noting the Division's telephone number, address and business hours. 36
E. Non-consent towtruck companies shall provide signage on the property clearly visible 37
from the street, (unless otherwise prohibited by local zoning laws) with at least three (3) 38
inch letters on a contrasting background with the name and phone number of the 39
towtruck company. 40
F. Non-consent towtruck companies which provide services pursuant to this 41
Ordinance shall advise any vehicle/vessel owner or authorized driver/agent who calls by 42
telephone prior to arriving at the storage facility of the following: 43
1. Each and every document or other item which must be produced to 44
retrieve the vehicle/vessel; 45
Palm Beach County Towtruck Ordinance 2010-001
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2. The exact charges as of the time of the telephone call, and the rate at 1
which charges accumulate after the call; 2
3. The acceptable methods of payment; and 3
4. The hours and days the storage facility is open for regular business. 4
G. Non-consent towtruck companies which provide services pursuant to this Ordinance shall 5
allow every vehicle/vessel owner or authorized driver/agent to inspect the interior and 6
exterior of the towed vehicle upon his or her arrival at the storage facility before payment 7
of any charges (except for “After-Hour Gate or Personal Property Retrieval Fee”). With 8
the exception of vehicles being held pursuant to the specific request or “hold order” of a 9
law enforcement agency, the vehicle/vessel owner or authorized driver/agent shall be 10
permitted to remove the vehicle license tag and any and all personal property inside but 11
not affixed to the vehicle/vessel. A vehicle/vessel owner who shows a government 12
issued photo identification shall be given access to view ownership documents stored in 13
the vehicle/vessel. The vehicle/vessel and/or personal property shall be released to the 14
vehicle/vessel owner if the ownership documents are consistent (name and address) with 15
the photo identification. When a vehicle/vessel owner’s government issued identification 16
and ownership documents are stored inside the impounded vehicle due to unforeseen 17
circumstances, the towtruck company shall be required to recover the ownership 18
documents stored in the impounded vehicle (i.e., glove compartment, sun visors, etc.) 19
upon receipt of a vehicle/vessel key, vehicle access code, or electronic device from the 20
vehicle/vessel owner that would allow entry. The vehicle/vessel and/or personal property 21
shall be released to the vehicle/vessel owner if the ownership documents are consistent 22
with the photo identification. 23
H. Non-consent towtruck companies which provide services pursuant to this Ordinance shall 24
accept payment for charges from the vehicle/vessel owner or authorized driver/agent in 25
all the following forms: 26
1. Cash, money order or valid traveler's check; and 27
2. Valid bank debit/credit card, which shall include, but not be limited to, 28
MasterCard or VISA, that is in the name of the vehicle/vessel owner or authorized 29
driver/agent; and 30
3. Valid personal check showing on its face the name and Palm Beach County 31
address of the vehicle/vessel owner or authorized driver/agent. 32
A towtruck company/driver shall not reject any of the above forms of payment. A 33
vehicle/vessel owner or authorized driver/agent shall not be required to furnish 34
more than one (1) government issued form of picture identification when payment 35
is made by valid bank debit/credit card or personal check, and said presentation 36
shall constitute sufficient identity verification. 37
I. Non-consent towtruck companies which provide services pursuant to this Ordinance shall 38
not store or impound a towed vehicle/vessel at a distance which exceeds a ten (10) mile 39
radius of the location from which the vehicle/vessel was recovered, towed or removed 40
unless no towing company providing services under this section is located within a ten 41
(10) mile radius, in which case a towed or removed vehicle/vessel must be stored at a site 42
within twenty (20) miles of the point of removal. 43
J. Non-consent towtruck companies which provide services pursuant to this Ordinance shall 44
maintain one or more storage facilities, each of which shall maintain a current Palm 45
Palm Beach County Towtruck Ordinance 2010-001
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Beach County Business Tax Receipt and when applicable a municipal Business Tax 1
Receipt. The business shall be open for the purpose of redemption of vehicles/vessels by 2
owners or authorized drivers/agents on any day that the towtruck company is open for 3
towing purposes from at least 8:00 A.M. to 6:00 P.M., Monday through Friday and, when 4
closed, shall have posted prominently on the exterior of the storage facility and place of 5
business, if different, a notice indicating a telephone number where the towtruck 6
company can be reached at all times. Upon request of the vehicle/vessel owner or 7
authorized driver/agent, the towtruck company shall release the vehicle/vessel to the 8
vehicle/vessel owner or authorized driver/agent within one (1) hour. 9
K. Non-consent towtruck companies shall not, as a condition of release of the vehicle/vessel, 10
require a vehicle/vessel owner or authorized driver/agent to sign any release or waiver of 11
any kind which would release the towtruck company from liability for damages noted by 12
the vehicle/vessel owner or authorized driver/agent at the time of the vehicle’s/vessel’s 13
release. A detailed, signed receipt showing the legal name of the towtruck company 14
removing the vehicle/vessel shall be given to the vehicle/vessel owner or authorized 15
driver/agent at the time of payment, whether requested or not. 16
L. Nothing in this Ordinance shall prevent the Sheriff or any municipality within the county 17
from providing additional or more restrictive requirements in contracts or arrangements 18
which authorize the recovery, towing or removal of vehicles/vessels or storage provided 19
in connection therewith. 20
M. Non-consent towtruck companies which provide services pursuant to this Ordinance shall 21
release vehicles/vessels towed or removed to the vehicle/vessel owner or authorized 22
driver/agent provides Proof of Ownership documents. Proof of Ownership documents 23
shall include: 24
1. Current vehicle registration; 25
2. Vehicle Title; 26
3. An authorized driver/agent with a notarized release from the vehicle/vessel owner 27
or lien holder. Vehicle/Vessel owners have the right to identify/approve 28
designated agents to claim vehicles on their behalf. A facsimile or electronic 29
transfer of a notarized release statement from the vehicle/vessel owner shall be 30
accepted; 31
4. Insurance Card with the vehicle/vessel owner’s information and vehicle 32
description; 33
5. Licensed Dealer in possession of an auction buyer’s sales invoice; and/or 34
6. A notarized bill of sale for non-titled vehicles or vessels. 35
N. Non-consent towtruck companies which provide services pursuant to this Ordinance shall 36
make a “good faith effort” to locate the vehicle/vessel owner or lien holder. For the 37
purposes of this paragraph and subsection, a “good faith effort” means that the required 38
steps have been performed by the towtruck company according to Section (4)(d) of the 39
Florida Statutes 713.78. Failure to make a “good faith effort” to comply with the 40
notification requirements of this section shall preclude the imposition of any storage 41
charges against such vehicle or vessel. 42
O. Non-consent towtruck companies which provide services pursuant to this Ordinance and 43
found to be in violation of this Ordinance relating to a specific non-consent tow shall be 44
required to reimburse the vehicle/vessel owner all illegal or over charges related to that 45
Palm Beach County Towtruck Ordinance 2010-001
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towing incident. Failure to reimburse the owner of the vehicle/vessel in such cases is a 1
violation of this Ordinance. 2
P. Any non-consent towing company that has an unusable storage yard or has been evicted 3
from its storage yard is subject to having its operating permit suspended. 4
Q. Any towtruck driver in the process of transporting a junked vehicle (as defined in s. 5
319.30, F.S.) to a licensed salvage motor vehicle dealer and who is employed by, 6
working for or operates a nonconsent towing company, must have physical possession of 7
a derelict motor vehicle certificate, transferred title or certificate of destruction for such 8
vehicle. 9
R. It shall be a violation of this Ordinance for any non-consent towing company to fail to 10
respond in writing within ten (10) business days to any written inquiry or request for 11
information from the Division or any law enforcement agency. 12
13
Section 17. Consent-Only Towtruck Company Requirements. 14
A. It shall be a violation of this Ordinance for any towtruck company that has been issued a 15
Consent-Only Towing Operating Permit to perform non-consent towing services. 16
B. Consent-Only towtruck companies providing services pursuant to this Ordinance shall 17
not do so when there is a person occupying the vehicle/vessel. 18
C. Consent-Only towtruck companies providing services pursuant to this Ordinance shall 19
transport the vehicle/vessel directly to the location specified by the vehicle owner or duly 20
authorized agent. 21
D. It shall be a violation of this Ordinance for any consent-only towing company to fail to 22
respond in writing within ten (10) business days to any written inquiry concerning public 23
safety from the Division or any law enforcement agency. 24
25
SECTION 18. Maximum Non-Consent Towing and Storage Rates for Non-26
Consent Tow Services. 27
28
A. The Commission shall, by Resolution establish maximum rates, as may be amended from 29
time to time, for nonconsent towing services as follows: 30
1. Towing service per call, which shall include the first thirty (30) minutes that the 31
towtruck is actually on the scene engaged in the safe removal of a vehicle/vessel. 32
2. Mileage (per towed mile) according to Section 715.07, Florida Statutes. 33
3. Storage may be charged only after the vehicle has been in the storage facility for 34
at least 6 hours. If the vehicle was not recovered by the vehicle/vessel owner or 35
authorized driver/agent after the 6-hour time period has elapsed, then storage 36
charges shall accrue in 24-hour increments from the time the vehicle/vessel 37
arrived in the storage facility and: 38
a. The police agency has authorized the vehicle/vessel to be impounded, or 39
b. The appropriate police agency has been notified by the towtruck company 40
that the towtruck company is in possession of a vehicle/vessel as a result 41
of a private property impound. 42
4. Indoor storage rates may only be charged upon the express direction and written 43
authorization of the owner/authorized driver/agent, lien holder, insurance 44
company representative or investigating police agency. The only exceptions to 45
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this rule are: 1
a. When the condition of the vehicle requires indoor storage due to inclement 2
weather conditions or the vehicle’s window(s) and/or convertible top is 3
down and cannot be raised and indoor storage is necessary to protect the 4
vehicle and its contents, or 5
b. When a municipal or county jurisdiction require indoor storage for towed 6
vehicles. 7
5. An Administrative/Lien Fee shall only be charged after the vehicle/vessel has 8
been in the storage facility for at least twenty-four (24) hours and: 9
a. The police agency has authorized the vehicle/vessel to be impounded, or 10
b. The police agency has been notified by the towtruck company that the 11
towtruck company is in possession of a vehicle/vessel as a result of a 12
private property impound. 13
c. The non-consent towtruck company must show proof that lien letter(s) 14
have been prepared with the appropriate names/addresses (i.e., U.S. Mail 15
Certification Number, correspondence copies, etc.) and that actual fees for 16
obtaining required ownership information have been expended. Failure to 17
document and provide all of the above required information will result in 18
administrative/lien fee charges being removed from the total cost of the 19
service/invoice and is a violation of this Ordinance. 20
6. Underwater recovery performed by a certified/professional diver with the written 21
documentation and approval of the investigating law enforcement agency/officer. 22
7. Hazardous material clean-up and disposal as required, mandated and/or licensed 23
through federal, state or local laws and approved by the investigating law 24
enforcement agency/officer. 25
8. After-hour Gate fees may not be applied between the hours of 8 a.m. and 6 p.m. 26
Monday through Friday (excluding federal holidays) and not for six (6) hours 27
after a vehicle has been impounded all other times when: 28
a. Impounded vehicles/vessels are recovered by the owner or authorized 29
driver/agent; or 30
b. The owner or authorized driver/agent wishes to recover property from an 31
impounded vehicle/vessel. 32
9. Extra Time at Scene/Labor Charge may be applied when any extra time beyond 33
one-half hour, is needed to safely remove a vehicle or vessel and includes the 34
amount of time spent at a scene when a towtruck has been summoned and is on 35
scene but unable to proceed through no fault of the towtruck operator. All extra 36
time/labor shall be documented by the towtruck driver and shall include the name 37
of the law enforcement agency and the law enforcement agency case number or 38
the officer’s name and badge number. The documentation shall also include a 39
detailed explanation of the services rendered which necessitated the charges and 40
if possible photographs of the scene. Extra time shall be charged in 15-minute 41
increments. Failure to document and provide all of the above required 42
information will result in the extra time/labor charges being removed from the 43
total cost of the service/invoice and is a violation of this Ordinance. 44
B. All rates established shall be uniform throughout Palm Beach County both in the 45
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incorporated and unincorporated areas, except where municipalities have established 1
differing maximum rates for their jurisdictions. From time to time, the rates established 2
by the Commission may be revised in accordance with a rate study. 3
C. Persons who provide services pursuant to this section shall not charge in excess of the 4
maximum allowable rates established by the Commission. No person providing services 5
pursuant to this section shall charge any type of fee other than the rates for which the 6
Commission has specifically established. Towtruck companies which tow 7
vehicles/vessels from Palm Beach County into another county shall abide by the terms of 8
this Ordinance including all rates and charges adopted by the Commission. 9
D. Towtruck companies which provide services pursuant to this section shall display on the 10
same sign as the rate schedule required by this Ordinance the following statement: 11
To The Vehicle/Vessel Owner 12
If you believe that you have been overcharged for the services rendered, you do 13
not have to pay your bill to get your vehicle/vessel. Instead, you have the right to 14
post a bond in the Circuit Court, payable to (name of Towtruck Company), in the 15
amount of the final bill for services rendered, and to file a complaint within ten 16
(10) days of the time you have knowledge of the location of the vehicle/vessel. 17
The Court will decide later who is correct. If you show (name of Towtruck 18
Company) a valid Clerk’s certificate showing you have posted a bond, (name of 19
Towtruck Company) must release your vehicle/vessel to you immediately. This 20
remedy is in addition to other legal remedies you may have. Section 713.76 and 21
Section 713.78, Florida Statutes. 22
23
If you have a complaint about the way services were provided, you may call the 24
Palm Beach County Consumer Affairs Division, (561) 712-6600. 25
26
E. Each towtruck company shall maintain, on a form approved by the Division, a rate sheet 27
specifying all rates and charges, which shall be given by the towtruck driver to the 28
requesting vehicle/vessel owner or his authorized driver/agent prior to commencing the 29
service. 30
31
Section 19. Towtruck Driver Requirements; Failure to Comply 32
A. It shall be unlawful for any person to operate any towtruck within and upon the streets of 33
Palm Beach County without having first obtained a Palm Beach County Towtruck 34
Driver’s identification badge (Tow Driver’s I.D. Badge). All applicants for a Tow 35
Driver’s I.D. Badge shall conform to the following: 36
1. Be at least eighteen (18) years of age; 37
2. Possess a valid State of Florida Driver’s License as required by the Florida 38
Department of Highway Safety and Motor Vehicles and must show proof that 39
he/she has possessed a valid driver’s license from any state within the United 40
States for three (3) years (2 years for drivers younger than 21 years old) prior to 41
applying for a Tow Driver’s I.D. Badge. If a person has not driven for three (3) 42
years in the United States, he/she must obtain the driving record from any other 43
jurisdictions where he/she did drive or if he/she is unable to obtain the driving 44
record, must sign an affidavit under penalty of perjury that he/she has no driving 45
Palm Beach County Towtruck Ordinance 2010-001
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record which would prevent him/her from driving a towtruck in Palm Beach 1
County, Florida; 2
3. The driver must provide the original form of his/her lifetime State of Florida 3
Department of Highway Safety and Motor Vehicles traffic/driving record report 4
to the Division which was secured no more than thirty (30) days before the 5
application/renewal was submitted, only if the Division is unable to secure this 6
required information. Upon initial application, if a driver has resided in Florida 7
less than five (5) consecutive years, a traffic/driving record/history from each 8
state where he/she previously resided must be provided for at least a five year 9
period; 10
4. Has not had more than three (3) or more separate incidents involving moving 11
violations in any twelve (12) month period in the previous three (3) years prior to 12
the initial application or renewal of a Tow Driver’s I.D. Badge in which the 13
applicant pled guilty, was found guilty or adjudication was withheld. 14
5. Has not been classified as a habitual traffic offender (as defined by Florida 15
Statutes) or as defined by the state where he/she previously resided within five (5) 16
years of applying for a Tow Driver’s I.D. badge and was not previously issued a 17
Tow Driver’s I.D. Badge by the Division; 18
6. Upon initial application or renewal, the driver must provide the original request 19
form for his/her Florida Department of Law Enforcement (FDLE) criminal 20
history/records report to the Division, as well as payment for the amount required 21
to secure the criminal history/records report. The Division shall then be 22
responsible for processing the request and payment to the FDLE. The Division 23
may conduct additional criminal history/records reports of other 24
states/jurisdictions as deemed appropriate. The Division may require an applicant 25
to submit to a finger print analysis if there is a question of identity. The 26
Commission may approve a different means of securing the required criminal 27
history/records should an alternative agency/system be discovered that provides 28
more complete information than that provided by the FDLE. 29
7. Have no conviction or plea of guilty or nolo contendere, regardless of 30
adjudication of guilt, within the preceding five (5) years from the date of 31
application for any offense related to driving a motor vehicle under the influence 32
or while intoxicated. 33
8. Have no more than one conviction or plea of guilty or nolo contendere, regardless 34
of adjudication of guilt, within the preceding ten (10) years from the date of 35
application for any offense related to driving a motor vehicle under the influence 36
or while intoxicated. 37
9. Have no more than two (2) traffic citations resulting from accidents in the three 38
(3) years preceding the date of the current permit year wherein the driver has been 39
found guilty. 40
10. Has not been required to register as a sexual offender in any government 41
jurisdiction. 42
11. Have no conviction or plea of guilty or nolo contendere, regardless of 43
adjudication of guilt, within the preceding three (3) years from the date of 44
conviction or release from incarceration (whichever is later) if the applicant’s 45
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civil rights have not been restored, including but not limited to the following first-1
degree misdemeanors determined by the Commission to be necessary for the 2
protection of public safety: stalking, battery, driving while license is suspended or 3
revoked, exposure of sexual organs, carrying a concealed weapon, reckless 4
driving which causes damage to property, racing on highway, criminal possession 5
of a controlled substance/paraphernalia, luring or enticing a child under twelve 6
(12), or obscenity (selling/distributing sexual material to minor). In the event the 7
applicant’s civil rights have been restored, the I.D. Badge may be denied or 8
revoked if the crime committed is deemed to be directly related to operating a 9
towtruck or towing business. 10
12. Have no conviction or plea of guilty or nolo contendere, regardless of 11
adjudication of guilt, within the preceding five (5) years from the date of 12
conviction or release from incarceration (whichever is later) if the applicant’s 13
civil rights have not been restored, including but not limited to the following 14
felonies determined by the Commission to be necessary for the protection of 15
public safety: battery, carrying a concealed weapon, robbery (not armed), 16
burglary (not 1st degree), repossession of a motor vehicle under Chapter 493, 17
repair of a motor vehicle under ss. 559.901-559.9221, F.S., theft of a motor 18
vehicle under s. 812.014, F.S., carjacking under s. 812.133, F.S., operation of a 19
chop shop under s. 812.16, F.S., overcharging for repairs and parts for insurance 20
purposes under 860.15, F.S., criminal sale of a controlled substance, criminal 21
possession of controlled substance/paraphernalia, obscenity (selling/distributing 22
sexual material to a minor or exchanging computer pornography with a minor), a 23
habitual felony offender, aggravated assault, child abuse/neglect, reckless driving 24
with serious bodily injury, fleeing/attempting to elude a law enforcement officer, 25
aggravated fleeing or eluding a law enforcement officer causing serious body 26
injury, luring or enticing a child under twelve (12) (2nd conviction), resisting an 27
officer with violence, procuring a person under eighteen (18) for prostitution, 28
selling or buying minors for sex trafficking/prostitution, 29
forcing/compelling/coercing a person for prostitution, or abuse/aggravated 30
abuse/neglect of an elderly person or a disabled adult. The Division may require 31
applicants to provide the final disposition for felony criminal cases on 32
background checks received by the Division from any source. Failure to provide 33
the disposition of such cases shall result in the denial of a Tow Driver’s I.D. 34
badge. In the event the applicant’s civil rights have been restored, the I.D. Badge 35
may be denied or revoked if the crime committed is deemed to be directly related 36
to operating a towtruck or towing business. 37
13. Have no conviction, plea of guilty, nolo contendere or adjudication withheld of 38
any of the following offenses determined by the Commission to be necessary for 39
the protection of public safety, if the applicant’s civil rights have not been 40
restored. In the event the applicant’s civil rights have been restored, the I.D. 41
Badge may be denied or revoked if any of the following crimes committed are 42
deemed to be directly related to operating a towtruck or towing business: 43
(a) Murder, attempted murder, attempted felony murder, manslaughter, (F.S. 44
Chapter 782) 45
Palm Beach County Towtruck Ordinance 2010-001
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(b) DUI manslaughter (F.S. 316.193(3)); 1
(c) Sexual battery, attempted sexual battery (F.S. 794.011); 2
(d) Lewd or lascivious battery, attempted lewd or lascivious battery, lewd or 3
lascivious molestation, lewd or lascivious conduct, or lewd or lascivious 4
exhibition (F.S. Chapter 800); 5
(e) Lewd or lascivious offense upon or in the presence of an elderly or 6
disabled person, attempted lewd or lascivious offense upon or in the 7
presence of an elderly or disabled person (F.S. 825.1025); 8
(f) Sexual performance by a child, attempted sexual performance by a child 9
(F.S. 827.071); 10
(g) Aggravated child abuse (F.S. 827.03); 11
(h) Failure to register as a sexual predator (F.S. 775) or sexual offender (F.S. 12
943.0435); 13
(i) Computer pornography, transmission of computer pornography, buying or 14
selling of minors (F.S. Chapter 847); 15
(j) Kidnapping, attempted kidnapping, false imprisonment, or luring and 16
enticing a child (F.S. Chapter 787); 17
(k) Aggravated battery, attempted aggravated battery (F.S. 784); 18
(l) Armed robbery, attempted armed robbery, carjacking, attempted 19
carjacking, home invasion, attempted home invasion (F.S. Chapter 812); 20
(m) Poisoning of food or water (F.S. 859.01); 21
(n) First degree burglary or attempted first degree burglary (F.S. 810.02); 22
(o) Arson or attempted arson (F.S. 806.01); 23
(p) Aggravated stalking (F.S. 784.048); 24
(q) Aggravated battery or aggravated assault on a law enforcement officer or 25
other specified officer (F.S. 784.07); 26
(r) Aircraft piracy (F.S. 860.16); 27
(s) Unlawful throwing, projecting, placing, or discharging of any destructive 28
device or bomb or attempting to do so (F.S. 790.161); 29
(t) Facilitating or furthering terrorism (F.S. 775.31); 30
(u) Treason (F.S. 876.32); 31
(v) Any offense committed in another jurisdiction that would be an offense 32
listed in this paragraph if that offense had been committed in the State of 33
Florida. 34
14. In addition, the person has not been declared to be one of the following: 35
(a) A Habitual Violent Felony Offender under F.S. 775.084(1)(b); 36
(b) A Three-time Violent Felony Offender under F.S. 775.084(1)(c); 37
(c) A Violent Career Criminal under F.S. 775.084; 38
(d) A Prison Releasee Reoffender under F.S. 775.082(9)(a); 39
(e) A Sexual Predator under F.S. 775.21; 40
15. A towtruck driver with a current I.D. badge is required to notify the Division 41
within ten (10) business days upon being convicted of any crime. 42
16. Applicants shall have no unsatisfied civil penalties, judgments or administrative 43
orders pertaining to this Ordinance. 44
17. Every application or renewal application for a Tow Driver’s I.D. badge and 45
Palm Beach County Towtruck Ordinance 2010-001
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application for amendment of a Tow Driver’s I.D. badge, shall be in writing and 1
signed by the applicant and shall be filed with the Palm Beach County Division of 2
Consumer Affairs on a form provided by the Division together with the non-3
refundable Tow Driver’s I.D. badge fees which shall not be subject to proration. 4
5
Each Tow Driver’s I.D. badge shall be valid for a two-year period and shall be 6
renewed every other year on the applicant’s date of birth. The Division may deny 7
or revoke a Tow Driver’s I.D. badge if it is determined that the applicant has 8
misrepresented, omitted, or concealed a fact on the application, renewal 9
application or replacement application. If the Tow Driver’s I.D. badge is denied, 10
the DCA shall not accept an application for said Tow Driver’s I.D. badge for one 11
(1) year from the date the badge is denied, unless there is less than one (1) year to 12
satisfy the time restrictions in paragraph (1) above related to the following 13
subparagraphs: (d), (e), (g), (h), (i), (j), or (k). In such situations, the applicant 14
will be permitted to reapply for a Tow Driver’s I.D. badge after the time 15
requirements have been satisfied. If the Tow Driver’s I.D. badge is revoked, the 16
DCA shall not accept an application for said Tow Driver’s I.D. badge for one (1) 17
year from the date the badge is revoked. Any person renewing a Tow Driver’s 18
I.D. badge must file a renewal application, furnish the documentation requested 19
by the Division, and submit payment for the required non-refundable renewal 20
fee(s) not more than ninety (90) days before the expiration date of a Tow Driver’s 21
I.D. badge. Persons who fail to reapply for their Tow Driver’s I.D. badge thirty 22
(30) days prior to expiration, risk having a gap in their authorization to drive a 23
towtruck. Persons who fail to submit their renewal application, required 24
documentation and fees by the expiration date of the Tow Driver’s I.D. badge 25
must pay a non-refundable late fee, over and above the Tow Driver’s I.D. Badge 26
fee. Any applicant who fails to submit a renewal application within one (1) year 27
of the expiration of a current badge will be considered a new applicant when 28
reapplying and no grandfathered provisions will apply. Said fees shall be 29
established by resolution of the Commission; 30
18. Shall submit to photographing (full face exposure/without sunglasses or head 31
coverings) prior to the issuance of the Tow Driver’s I.D. badge by the Division; 32
19. Complete the Tow Driver’s I.D. badge registration affidavits provided by the 33
Division; 34
20. Not possess a suspended or revoked driver’s license as a result of a moving 35
violation or have any outstanding and unsatisfied civil penalties, citations or 36
judgments imposed due to violations of this Ordinance; 37
21. Not violate the terms of a cease and desist order, assurance of voluntary 38
compliance, notice to correct a violation or any other lawful order of the Director; 39
22. Not be enjoined by a court of competent jurisdiction from engaging in the towing 40
business or was enjoined by a court of competent jurisdiction with respect to any 41
of the requirements of this Ordinance; 42
23. Have no conviction or plea of guilty or nolo contendere regardless of adjudication 43
of guilt in any military or foreign jurisdiction, federal, state, county or municipal 44
jurisdiction within the United States for violations analogous or parallel to those 45
Palm Beach County Towtruck Ordinance 2010-001
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violations enumerated in all sections herein. 1
B. The driver of a tow truck shall conspicuously display on the driver’s person through the 2
use of a neck lanyard, or above the waist on the outermost garment, the Tow Driver’s 3
I.D. badge issued pursuant to this Ordinance so that it is visible and available for 4
inspection to the public, Division personnel and all law enforcement officials while 5
engaged and on duty for a towtruck company. 6
C. Each Tow Driver’s I.D. badge shall be developed by the Division. Each driver’s I.D. 7
badge shall, at a minimum, contain the name of the driver, date of expiration, photo of 8
the driver, and such additional terms, conditions, provisions and limitations as were 9
imposed during the approval process. Each company for which a driver will be driving 10
must submit an affidavit (on a form prepared by the Division) or documentation from the 11
insurance company (fax acceptable) that the driver is eligible to be insured under the 12
company’s insurance policy. 13
D. The Division may issue a replacement Tow Driver’s I.D. badge to any driver upon 14
payment of a non-refundable replacement fee, presentation of proof or a sworn affidavit 15
that the driver’s I.D. badge has been lost, stolen or for any other valid reason, and any 16
other documentation or requirement requested by the Division. The replacement fee shall 17
be established by resolution of the Board. 18
E. It shall be unlawful for any person to drive a towtruck unless such person has a valid 19
Tow Driver’s I.D. badge issued pursuant to this Section. 20
F. It shall be unlawful for any person to drive a towtruck for any towtruck company which 21
has not been granted an operating permit pursuant to Section 4 (Operating Permit 22
Required) of this Ordinance. 23
G. It shall be unlawful for any applicant for a Tow Driver’s I.D. badge to misrepresent, omit 24
or conceal a fact on the application, renewal application or replacement application. 25
H. Upon submission of the application, the Division shall provide the driver with a receipt. 26
No applicant shall be permitted to drive a towtruck in Palm Beach County until the 27
Division has issued to him/her a Tow Driver’s I.D. badge. The Division shall provide the 28
Tow Driver’s I.D. badge within ten (10) business days following the submittal of the 29
application and all required documents. In the event the official criminal background 30
records furnished to the Division are insufficient and additional information is necessary, 31
the Division shall be permitted an additional twenty (20) business days to issue the 32
driver’s I.D. badge. The Division will process applications on a more timely basis when 33
the required certified/original criminal and driving background records are submitted 34
with the initial application and an additional rush fee is paid to the Division. Such fee 35
must be approved by the Commission. 36
I. Non-consent towtruck drivers must be hygienically clean, well groomed and neat. 37
Drivers are not permitted to wear open toed shoes and must comply with all state and 38
federal (e.g., O.S.H.A.) safety regulations. Non-consent towtruck drivers are not 39
permitted to wear uniforms purporting to be from a different company or business than 40
the one they actually work or drive for. Failure to abide by these requirements is a 41
violation of this Ordinance. 42
J. Non-consent towtruck drivers shall not use abusive language or be discourteous to 43
consumers or Division personnel. 44
K. Non-consent towtruck drivers must be able speak and understand English to the extent 45
Palm Beach County Towtruck Ordinance 2010-001
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they can take instruction from law enforcement officers and consumers and complete 1
manifests or invoices. 2
L. Drivers shall cooperate fully at all times with the Division in the furnishing of 3
information required in connection with requests for proof of driver’s license, vehicle 4
insurance and/or Tow Driver’s I.D. badge, during the process of applying to renew a Tow 5
Driver’s I.D. badge, and during investigations of consumer complaints. Further, drivers 6
shall not obstruct, hamper or interfere with an investigation of violations of this 7
Ordinance conducted by Division personnel, any law enforcement officer or employee of 8
any other agency enforcing this Ordinance. 9
M. No person maintaining, owning, or operating a towing company shall suffer or permit 10
any person or employee to drive a towtruck unless such person has a valid Tow Driver’s 11
I.D. badge issued pursuant to this Ordinance. This paragraph shall not apply to a towing 12
company which is training a prospective driver. Such prospective driver must be 13
accompanied by and working under the direct supervision of a company employee who is 14
in possession of a valid Tow Driver’s I.D. badge. 15
N. Failure to comply with the provisions of this Section may result in the Division denying a 16
Tow Driver I. D. badge, revoking or suspending the Tow Driver’s I.D. badge, denying a 17
renewal of such Tow Driver’s I.D. badge, issuing a civil citation, a misdemeanor 18
conviction or other such remedies available to the Division herein. 19
O. Start-Up - Any person acting, on the effective date of this Ordinance as a towtruck driver 20
defined under the terms of this Ordinance, shall be subject to the terms of this Ordinance 21
as of the effective date of this Ordinance. Any such person must submit an initial 22
application for a Tow Driver’s I.D. badge up to thirty (30) days prior to his/her date of 23
birth but in any case no later than his/her date of birth. Any person who has submitted an 24
initial application for a Tow Driver’s I.D. Badge by his/her date of birth shall be 25
permitted to continue acting as a towtruck driver as described in Paragraph I above. 26
27
Section 20. Fraudulent Transfer of Towtruck Company. 28
A transfer of a towtruck company to a successor company shall be deemed a fraudulent transfer 29
if said transfer is made by the towtruck company for the purpose of evading permit fees or civil 30
penalties issued pursuant to this Ordinance. In determining intent to defraud, consideration may 31
be given among other factors to, whether: 32
A. The transfer was to an insider; 33
B. The towtruck company retained possession or control of the property transferred after the 34
transfer; 35
C. The transfer was disclosed or concealed; 36
D. Before the transfer was made or obligation was incurred, the towtruck company had been 37
sued or threatened with suit; 38
E. The transfer was of substantially all the towtruck company’s assets; 39
F. The value of the consideration received by the towtruck company was reasonably 40
equivalent to the value of the asset transferred or the amount of the obligation incurred; 41
G. The towtruck company was insolvent or became insolvent shortly after the transfer was 42
made or the obligation was incurred; 43
H. The transfer occurred shortly before or shortly after substantial permit fees or civil 44
penalties were incurred; and 45
Palm Beach County Towtruck Ordinance 2010-001
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I. The towtruck company transferred the essential assets of the business to a lienor who 1
transferred the assets to an insider of the towtruck company. 2
J. It shall be a violation of this Ordinance for a towtruck company to fraudulently transfer a 3
towtruck company. 4
5
Section 21. Deceptive and Unfair Trade Practices. 6
No person shall engage in any unfair method of competition, unconscionable acts or practices or 7
unfair or deceptive acts or practices in the conduct of towing services. A towtruck company 8
engages in an unfair method of competition or unfair or unconscionable acts or deceptive 9
practices when in the course of his or her business, vocation or occupation, he or she knows or in 10
the exercise of care should know, that he or she in the past engaged or is now engaging in any 11
unfair method of competition or unconscionable acts or practices or unfair or deceptive acts or 12
practices in the conduct of any towing services. 13
14
Section 22. Cease and Desist Order. 15
A. If the Division, after due investigation, has reason to believe that a towtruck company has 16
been or is violating any of the provisions of this Ordinance, then the Division may cause 17
to be served by personal service, certified mail or posting in a conspicuous place at the 18
towtruck company’s place of business, a demand to cease and desist, stating the charges 19
and shall incorporate and set out the following: 20
1. The name of the complainant; 21
2. The alleged charge and approximate date of the commission of the act; 22
3. The section of the ordinance alleged to be involved. 23
B. Any towtruck company which has been issued a cease and desist order by the Division 24
may appeal such order to the Consumer Affairs Hearing Board/Hearing Officer within 25
twenty (20) days of receipt of the order. A nonrefundable filing fee must accompany the 26
written request for appeal. The filing fee shall be established by resolution of the 27
Commission. The appeal shall be reviewed at a hearing of the Consumer Affairs Hearing 28
Board/Hearing Officer within sixty (60) days of receipt by the Division of the request for 29
appeal. 30
C. The Board shall keep a full record of the hearing, which record shall be public and open 31
to inspection by any person, and upon request, the Board shall furnish such party a copy 32
of the hearing record, at such cost as the Commission deems appropriate. 33
D. Procedure at hearings: At the hearing, the towtruck company may be represented by 34
counsel and may bring all original documents and other data pertinent to the case; and 35
will be given an opportunity to present witnesses and evidence he or she may deem 36
appropriate. 37
E. The Consumer Affairs Hearing Board/Hearing Officer shall hear the cases on the agenda. 38
All testimony shall be under oath or by affirmation and shall be recorded. Each case 39
before the Consumer Affairs Hearing Board/Hearing Officer shall be presented by the 40
Division. The Consumer Affairs Hearing Board/Hearing Officer shall take testimony 41
from County staff, if relevant, the alleged violator, and other relevant testimony. Formal 42
rules of evidence shall not apply, but fundamental due process shall be observed and 43
govern the proceedings. Upon determination of the chairperson, irrelevant, immaterial or 44
unduly repetitious evidence may be excluded, but all other evidence of a type commonly 45
Palm Beach County Towtruck Ordinance 2010-001
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relied upon by reasonably prudent persons in the conduct of their affairs shall be 1
admissible, including hearsay evidence, whether or not such evidence would be 2
admissible in a trial in the courts of Florida. Due regard shall be given to the competent, 3
reliable and technical evidence which will aid the Consumer Affairs Hearing 4
Board/Hearing Officer in making a fair determination of the matter, regardless of the 5
existence of any common law or statutory rule which might otherwise make improper the 6
admission of such evidence. 7
F. Any member of the Consumer Affairs Hearing Board/Hearing Officer or the attorney 8
representing the Division may inquire of or question any witness before the Consumer 9
Affairs Hearing Board/Hearing Officer. The alleged violator, or his/her attorney, shall be 10
permitted to inquire of any witness before the Consumer Affairs Hearing Board/Hearing 11
Officer. The right to cross examine witnesses shall be preserved. 12
G. At the conclusion of the hearing, the Consumer Affairs Hearing Board/Hearing Officer 13
shall orally render its decision (order) based on evidence entered into the record. The 14
decision shall be by motion approved by the affirmative vote of those members present 15
and voting. The Consumer Affairs Hearing Board/Hearing Officer’s decision shall be 16
transmitted to the towtruck company in the form of a written order including finding of 17
facts, and conclusion of law consistent with the record. The order shall be transmitted by 18
certified mail/hand delivery/posting to the towtruck company within ten (10) days after 19
the hearing. The order may include a notice that it must be complied with by a specified 20
date. 21
H. Any person may appeal a final determination of the Consumer Affairs Hearing 22
Board/Hearing Officer within thirty (30) days of the rendition of the decision by filing a 23
petition for writ of certiorari in the Circuit Court of the Fifteenth Judicial Circuit in and 24
for Palm Beach County, Florida. 25
26
Section 23. Assurance of Voluntary Compliance. 27
A. In the enforcement of this Ordinance, the Division may accept an assurance of voluntary 28
compliance with respect to any method, act, or practice deemed to be violative of law 29
from any person who has engaged, or was about to engage in, such method, act, or 30
practice. Any such assurance shall be a formal written agreement between the Division 31
and the towtruck company, approved as to form and legal sufficiency by the County 32
Attorney’s Office, and filed with the Clerk of the Circuit Court of the Fifteenth Judicial 33
Circuit. Such assurances of voluntary compliance may be conditioned on a commitment 34
to reimburse consumers or any other appropriate corrective action such as the payment 35
by the towtruck company of the costs of the investigation by the Division. An assurance 36
of voluntary compliance is not evidence of prior violation of this part, however, unless an 37
assurance of voluntary compliance has been rescinded by agreement of the parties or 38
voided by the Court for good cause, subsequent failure to comply with the terms of an 39
assurance of voluntary compliance shall be deemed prima facie evidence of a violation of 40
this Ordinance. No such assurance of voluntary compliance shall act as a limitation upon 41
any action or remedy available to a person aggrieved by a violation of this Ordinance. 42
B. Every towtruck company desiring to negotiate an assurance of voluntary compliance 43
shall be apprised of his or her right to have his or her case heard by the Consumer Affairs 44
Hearing Board/Hearing Officer in the event he or she does not wish to enter into such 45
Palm Beach County Towtruck Ordinance 2010-001
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assurance of voluntary compliance. 1
2
SECTION 24. Enforcement and Penalties: Civil and Criminal. 3
A. It shall be unlawful for any person to violate any of the provisions of this Ordinance. This 4
Ordinance shall be enforced by personnel authorized by the Division, county code 5
enforcement officials, the police agencies of the various municipalities in Palm Beach 6
County and by the Palm Beach County Sheriff's Office. When specifically authorized by 7
the Director, this Ordinance may be enforced by other Palm Beach County personnel. 8
B. Persons who provide services pursuant to this Ordinance shall not use physical force or 9
violence or threats of physical force or violence in dealing with the individuals 10
responsible for administering this Ordinance or individuals who have had or are about to 11
have their vehicles/vessels recovered, towed or removed or stored in connection 12
therewith. 13
C. The County Court shall have jurisdiction over all violations of this Ordinance. 14
D. The Division shall maintain a system by which violators are given citations or written 15
notice of all violations. The County Clerk shall accept designated fines and issue receipts 16
therefore. 17
E. The Division is authorized to enforce the provisions of this Ordinance by administrative 18
fines not to exceed five hundred dollars ($500.00) for each violation. Any person who 19
has violated any provision of this Ordinance shall be fined an amount as established by 20
the Commission by Resolution. Each day of a continuing violation shall be deemed a 21
separate violation. 22
F. Payment shall be made, either by mail or in person, to the Violations Bureau within the 23
time specified upon the citation. If a person follows these procedures, he shall be deemed 24
to have admitted to the infraction and to have waived his/her right to a hearing on the 25
issue of the commission of the infraction. 26
G. All fines collected as a result of said citations (except those fines collected as a result of 27
citations issued by municipal law enforcement officers, which shall be remitted by the 28
Clerk of the Court directly to the municipality issuing the citation) shall be paid into the 29
County Treasury and deposited into the designated fund for the Division. All mandatory 30
costs as required by statute shall be assessed against every person convicted of a 31
violation of this Ordinance. 32
H. Any person who fails to make payments within the time period specified on the citation 33
shall be deemed to have waived his/her right to pay the civil penalty as set forth in the 34
citation and shall appear before the County Court. 35
I. Any person who elects to appear before the court to contest the citation shall be deemed 36
to waive his/her right to pay the civil penalty. The court, after a hearing, shall make a 37
finding as to whether a violation has occurred and may impose a civil penalty not to 38
exceed five-hundred dollars ($500.00) plus court costs. 39
J. If a person fails to pay the civil penalty or fails to appear in court to contest the citation, 40
s/he shall be deemed to have waived his/her right to contest the citation and, in such case, 41
a default judgment shall be entered and the judge shall impose a fine at that time an order 42
to show cause may be issued. If the fine is paid, the case shall be dismissed. If the fine is 43
not paid, judgment may be entered up to the maximum civil penalty of five-hundred 44
dollars ($500.00) plus court costs. 45
Palm Beach County Towtruck Ordinance 2010-001
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K. Any person who refuses to sign and accept a citation issued pursuant to this Ordinance 1
shall be guilty of a misdemeanor of the second degree, punishable as provided by 2
sections 775.082, 775.083 or 775.084, Florida Statutes. 3
L. The Division may require mandatory court appearances for violations resulting in the 4
issuance of a third or subsequent citation to a person. The citation shall clearly inform 5
the person of the mandatory court appearance. The Division shall maintain records to 6
prove the number of citations issued to the person. Persons required to appear in court do 7
not have the option of paying the fine instead of appearing in court. 8
9
SECTION 25. Administrative Enforcement, Denial, Revocation and 10
Suspension of Operating Permits. 11
12
A. The Director is authorized to deny, suspend or revoke operating permits, towtruck decals, 13
upon written notice. Towtruck companies are subject to denial, suspension or revocation 14
when it appears that: 15
1. The towtruck company and/or driver has failed to comply with or has violated the 16
provisions of this Ordinance; 17
2. The towtruck company has failed to comply with or has violated the provisions of 18
Chapter 323 F.S., s. 713.78 and 715.07, F.S.; 19
3. The operating permit was obtained by an application in which any material fact 20
was omitted or falsely stated; 21
4. Any towtruck or equipment owned or operated by the towtruck company and 22
issued a decal pursuant to the Ordinance has been operating in violation of this 23
Ordinance or any provision of law. 24
5. In addition, an operating permit issued pursuant to this Ordinance may be 25
suspended or revoked when the Director receives written notification that 26
towtruck company, towtruck operator’s officer, director or partner pled nolo 27
contendere, pled guilty or has been convicted of any crime designated as a felony 28
(as referenced in Section 5.C.1.[New Applications/Renewals and Issuance of 29
Towing Operating Permit; Fees] of this Ordinance); any crime relating to motor 30
vehicles; or any crime involving the sale or possession of controlled substances as 31
defined by the Florida Rico Act, section 893.03, Florida Statutes, regardless of 32
whether adjudication has been withheld. The only exception to this rule is where 33
the civil rights of such individual has been restored. 34
6. Notwithstanding other suspension, revocation or denial procedures included in 35
this Ordinance, three (3) or more violations of this Ordinance which resulted in 36
civil fines/penalties, judgments or administrative orders entered by the Division 37
and/or a conviction or plea of guilty or nolo contendere resulting from three 38
separate incidents/complaints within a twelve (12) month period shall result in the 39
revocation, suspension or denial of an operating permit for a period of three to 40
five business days. The company is required to pay an administrative reactivation 41
fee established by resolution of the Commission before any towing services can 42
resume in Palm Beach County. Any company found operating during a period of 43
suspension, revocation or denial shall have its operating permit revoked for a 44
period of one (1) year. 45
Palm Beach County Towtruck Ordinance 2010-001
-42-
7. Notwithstanding other suspension, revocation or denial procedures included in 1
this Ordinance, four (4) or more violations of this Ordinance which resulted in 2
civil fines/penalties, judgments or administrative orders entered by the Division 3
and/or a conviction or plea of guilty or nolo contendere resulting from four 4
separate incidents/complaints within a twelve (12) month period shall result in the 5
revocation, suspension or denial of an operating permit for a period of six to 10 6
business days. The company is required to pay an administrative reactivation fee 7
established by resolution of the Commission before any towing services can 8
resume in Palm Beach County. Any company found operating during a period of 9
suspension, revocation or denial shall have its operating period revoked for a 10
period of one (1) year. 11
8. Failed to comply with the terms of a cease and desist order, notice to correct a 12
violation, written assurance of voluntary compliance, or any other lawful order of 13
the Director, the Division, or the Consumer Affairs Hearing Board and/or Hearing 14
Officer. 15
9. Failed to obtain or maintain insurance as required by this Ordinance. 16
10. Misrepresented or concealed a fact on the application, renewal application, or 17
replacement application for a license. 18
11. Engaged in any conduct as a part of the performance of any contract for service 19
which constitutes a deceptive and unfair trade practice or fraud. 20
B. Any company which has violated this Ordinance as provided for in this section, may have 21
its operating permit suspended by action of the Division Director for a period not to 22
exceed thirty (30) days. In such cases the Director shall provide written notice to the 23
company at least ten (10) days prior to the effective date of the suspension. Any 24
company which decides to appeal the suspension by the Director, must submit the written 25
request for an appeal and applicable appeal fee to the Consumer Affairs Division within 26
that ten (10) day period. The written appeal will then effect a “stay” on the suspension 27
until the Consumer Affairs Hearing Board/Special Master makes a final determination as 28
to the merits of the suspension. The appeal hearing shall be conducted as provided for in 29
Section 27 (Hearings and Appeals). If the Hearing Board/Special Master affirms the 30
action of the Director, the suspension becomes effective the day following the decision of 31
the Hearing Board/Special Master. 32
C. Any company which has had its operating permit suspended for a specific Ordinance 33
deficiency but fails to correct that deficiency after thirty (30) days shall have such 34
operating permit revoked for a period of one (1) year from the date of the revocation 35
notice. Such revocation may be appealed as provided for in Section 27. 36
37
Section 26. Additional Penalties. 38
Failure to comply with the requirements of this Ordinance shall also constitute a violation of this 39
Ordinance, and the Consumer Affairs Ordinance of Palm Beach County (No. 77-10, as 40
amended). Violations of this Ordinance may be punishable, upon conviction, pursuant to Section 41
125.69(1), Florida Statutes, by a fine not to exceed five-hundred dollars ($500.00) per violation 42
or imprisonment not exceeding sixty (60) days, or both such fine or imprisonment, or may 43
subject the violator to civil fines based on the issuance of a civil citation. Each day of continuing 44
violation shall be considered a separate offense. In addition to the sanctions contained herein, 45
Palm Beach County Towtruck Ordinance 2010-001
-43-
the County shall take any other appropriate legal action, including but not limited to, cease and 1
desist orders, other administrative action and requests for temporary and permanent injunctions 2
to enforce the provisions of this Ordinance. It is the purpose of this Ordinance to provide 3
additional cumulative remedies. 4
5
SECTION 27. Hearings and Appeals. 6
7
Upon receipt of the notice of denial, revocation, or suspension of an operating permit, which 8
notice shall specify the grounds for the denial, suspension or revocation, the towtruck company 9
shall be entitled to an appeal according to the following: 10
A. Administrative Appeal: Any towtruck company, which has had an operating permit, 11
denied, revoked, or suspended by the Division, may appeal such decision to the 12
Consumer Affairs Hearing Board/Special Master within twenty (20) days of receipt of 13
the decision. A non-refundable filing fee must accompany the written request for appeal. 14
The company or attorney shall file a written notice of appeal signed by the company or 15
attorney requesting a hearing and setting forth a brief statement of the reasons thereof. 16
The filing fee shall be established by resolution of the Commission. The appeal shall be 17
reviewed at a hearing of the Consumer Affairs Hearing Board/Special Master within 18
sixty (60) days of receipt by the Division of the notice of appeal. The towtruck company 19
may be represented by an attorney and shall be entitled to present a defense. 20
B. Orders: At the conclusion of any hearing set forth in this section, the Consumer Affairs 21
Hearing Board/Special Master shall orally render its decision (order) based on evidence 22
entered into the record. The decision shall be by motion approved by the affirmative vote 23
of those members present and voting. The decision shall be stated in a written order and 24
mailed to the towtruck company not later than ten (10) days after the hearing, and shall 25
be deemed final agency action with regard to the matter appealed. 26
C. Court Appeal: Any person may appeal a final determination of the Consumer Affairs 27
Hearing Board/Special Master within thirty (30) days of the rendition of the decision by 28
filing a petition for writ of certiorari in the Circuit Court of the Fifteenth Judicial Circuit 29
in and for Palm Beach County, Florida. 30
D. For purposes of appeal, the FDLE Criminal History/Records Reports and the State of 31
Florida Department of Highway Safety and Motor Vehicles traffic/driving record report 32
shall be deemed prima facie evidence and admitted into evidence before the Consumer 33
Affairs Hearing Board/Special Master. 34
E. Upon receipt of such notice of appeal, the Division shall set a time and place for such 35
hearing and shall give the violator or attorney and the Consumer Affairs Hearing 36
Board/Special Master reasonable notice thereof. All hearings and appeals shall be 37
scheduled and determined as promptly as practicable and in no event more than sixty (60) 38
days from the date of the notice of the written notice of appeal was filed. Written notice 39
of the time, date, and place of the hearing of the appeal by the Division shall be served 40
upon the appellant no later than twenty (20) days prior to the date of the hearing. Said 41
notice of hearing, shall be by personal service, certified mail or posting in a conspicuous 42
place at the towtruck company’s place of business. Failure of the company to respond 43
within the time frames specified herein or failure to appear at a duly noticed hearing shall 44
be deemed a waiver of the right to hearing and an admission of the acts specified in the 45
Palm Beach County Towtruck Ordinance 2010-001
-44-
notice. 1
F. The Consumer Affairs Hearing Board/Special Master shall consider the case record as 2
well as the statement offered by any interested party and shall consider the matter de 3
novo and shall, upon the basis of the record before it, affirm, modify or reverse the 4
decision of the Director. 5
G. If the Consumer Affairs Hearing Board/Special Master affirms the decision of the 6
Director to deny, suspend or revoke an operating permit, the suspension or revocation 7
shall be effective from the date of the Consumer Affairs Hearing Board's/Hearing 8
Officer’s order. A decision to affirm the action of the Director shall constitute final 9
agency action for purposes of further appeal. 10
H. Suspension of the Operating Permit: If, at the conclusion of the hearing, the Consumer 11
Affairs Hearing Board/Special Master decides to suspend the operating permit, a time 12
certain shall be set as the period of suspension. Prior to the end of such time certain, 13
those violations for which the suspension was imposed shall be corrected; otherwise, the 14
suspended permit(s) will be automatically revoked. An Administrative Reactivation fee 15
shall be collected to reinstate the suspended permit(s). The Administrative Reactivation 16
fee shall be established by resolution of the Commission. 17
I. Revocation of Permit/I. D Badge: If, at the conclusion of the hearing, the Consumer 18
Affairs Hearing Board/Special Master decides to revoke an operating permit the 19
individual, driver or towtruck company shall remove and/or return the operating permit 20
to the Division. A towtruck company whose operating permit has been revoked shall not 21
be eligible to reapply as a new applicant for a period of six (6) months from the date of 22
revocation. 23
J. If the Consumer Affairs Hearing Board/Special Master reverses the decision of the 24
Director, it shall direct the Director to issue or restore the towtruck operating permit. 25
K. In the event a written notice of appeal and accompanying filing fees are not submitted 26
within the times frames outlined in this Ordinance, the decision of the Director shall 27
prevail. 28
L. Effect of Appeal: The appeal of the decision of the Director to suspend or revoke an 29
operating permit shall stay the effective date of the suspension or revocation. 30
31
SECTION 28. Scope of Ordinance. 32
A. The provisions of this Ordinance and the relevant Florida Statutes shall be the exclusive 33
regulations applicable to towing, recovery and removal of vehicles/vessels in Palm Beach 34
County and all storage provided therewith. This Ordinance shall be applicable in both the 35
unincorporated and incorporated areas, except that this Ordinance shall not apply in any 36
municipality that has adopted and maintains in effect Ordinances or regulations 37
governing the same matters. 38
B. This Ordinance shall not apply to the towing of a vehicle/vessel which occurs with the 39
consent of the vehicle/vessel’s owner or operator. 40
C. Nothing in this Ordinance shall be construed to prohibit the discharge or storage of a 41
vehicle or vessel lawfully recovered, towed or removed in another county and lawfully 42
transported into Palm Beach County. 43
44
45
Palm Beach County Towtruck Ordinance 2010-001
-45-
SECTION 29. Repeal of Laws in Conflict. 1
All local laws and ordinances in conflict with any provisions of this Ordinance are hereby 2
repealed as it relates to the enforcement of this Ordinance only. 3
4
SECTION 30. Savings Clause. 5
Notwithstanding Section 30, Repeal of Laws in Conflict, all administrative and court orders, 6
fines and pending enforcement issued pursuant to the authority and procedures established by 7
Ordinance 2005-009 shall remain in full force and effect. 8
9
SECTION 31. Inclusion in the Code of Laws & Ordinances. 10
The provisions of this Ordinance shall become and be made a part of the Code of Laws and 11
Ordinances of Palm Beach County, Florida. The sections of this Ordinance may be renumbered 12
or relettered to accomplish such, and the words "ordinance," "article," "section," "subsection," or 13
"paragraph" may be changed to any other appropriate word to accomplish codification. 14
15
SECTION 32. Severability. 16
If any section, paragraph, sentence, clause, phrase, or word of this Ordinance is for any reason 17
held by a court of competent jurisdiction to be unconstitutional, inoperative or void, such holding 18
shall not affect the remainder of this Ordinance. 19
20
SECTION 33. Effective Date. 21
The provisions of this Ordinance shall be effective immediately upon filing with the Department 22
of State. 23
APPROVED AND ADOPTED by the Board of County Commissioners of Palm Beach County,
on the 12th day of January, 2010.
R:\Consumer Affairs\ORDINANCES\TowOrd2010-BCCApproved1-12-10SHORT.doc
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12th AUGUST 2011
ANTHONYS.OTT
1145OLDDIXIEHWY LAKEPARK,FL33403
561-842-5544 MARY_MAIL_1145@YAHOO.COM
EXHIBIT C
CITY OF PALM BEACH GARDENS
INVITATION TO BID #2011-005
ANNUAL VEHICLE TOWING SERVICES
DEADLINE FOR PROPOSALS: AUGUST 15, 2011
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TABLE OF CONTENTS
PAGE
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CITY OF PALM BEACH GARDENS
10500 NORTH MILITARY TRAIL
PALM BEACH GARDENS, FLORIDA 33410-4698
LEGAL ADVERTISEMENT
AUGUST 01, 2011
INVITATION TO BID # 2011-005
ANNUAL VEHICLE TOWING SERVICES
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SECTION 1
INTRODUCTION AND INFORMATION
1.1 PURPOSE AND INTENT
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2.23 INVOICES
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2.24 PAYMENT
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2.28 GOVERNING LAW/ VENUE
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SECTION 3
SPECIAL CONDITIONS
3.1 BASIS OF CONTRACT
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3.3 INSPECTIONS
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3.5 CONFLICT OF INTEREST
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SECTION 4
SCOPE OF SERVICES AND TECHNICAL SPECIFICATIONS
4.1 SCOPE OF SERVICES
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Palm Beach County Towtruck Ordinance 2010-001
-45-
SECTION 29. Repeal of Laws in Conflict.1
All local laws and ordinances in conflict with any provisions of this Ordinance are hereby 2
repealed as it relates to the enforcement of this Ordinance only. 3
4
SECTION 30. Savings Clause.5
Notwithstanding Section 30, Repeal of Laws in Conflict, all administrative and court orders, 6
fines and pending enforcement issued pursuant to the authority and procedures established by 7
Ordinance 2005-009 shall remain in full force and effect. 8
9
SECTION 31. Inclusion in the Code of Laws & Ordinances.10
The provisions of this Ordinance shall become and be made a part of the Code of Laws and 11
Ordinances of Palm Beach County, Florida. The sections of this Ordinance may be renumbered 12
or relettered to accomplish such, and the words "ordinance," "article," "section," "subsection," or 13
"paragraph" may be changed to any other appropriate word to accomplish codification. 14
15
SECTION 32. Severability.16
If any section, paragraph, sentence, clause, phrase, or word of this Ordinance is for any reason 17
held by a court of competent jurisdiction to be unconstitutional, inoperative or void, such holding 18
shall not affect the remainder of this Ordinance. 19
20
SECTION 33. Effective Date.21
The provisions of this Ordinance shall be effective immediately upon filing with the Department 22
of State. 23
APPROVED AND ADOPTED by the Board of County Commissioners of Palm Beach County,
on the 12th day of January, 2010.
R:\Consumer Affairs\ORDINANCES\TowOrd2010-BCCApproved1-12-10SHORT.doc
CITY OF PALM BEACH GARDENS CITY COUNCIL
Agenda Cover Memorandum
Meeting Date: September 22,2011
Resolution 54, 2011
Ordinance 18,2011
SubjectIAgenda Item: Public Hearing for the adoption of Resolution 54,201 1,
setting the final millage rate for Fiscal Year 2011/2012 and Second Reading of
Ordinance 18,201 I adopting the Fiscal Year 201 1/2012 Budget.
[XI Recommendation to APPROVE
1 Recommendation to DENY
aeviewed by:
-inance AMinistrator
411an Owens
Submitted by:
Department Director
hk%
Allan Owens
Approved by:
City Manager ,/
Originating Dept.:
Finance
n LL-
Allan Owens
Finance Administrator
Advertised:
Date: September 17,
201 1
Paper: Palm Beach
Post
[ ] Not Required
Affected parties
[ ] Notified
[ ] Not required
costs: $
(Total)
$
Current FY
Funding Source:
[ ] Operating
[ ]Other
Budget Acct.#:
Council Action:
[ ] Approved
[ ] Approved wl
Conditions
[ ] Denied
[ ] Continued to:
Attachments:
0 Ordinance 18,201 1
0 Resolution 54, 201 1
Meeting Date: September 22,201 1
Resolution 54, 2011
Ordinance 18, 2011
Page 2 of 2
BACKGROUND:
budget for Fiscal Year 2011/2012. The total for all funds is $107,718,653.
This is the second of two required public hearings on the proposed
The proposed operating millage rate for Fiscal Year 201 1/2012 is 5.7404 mills, and a debt
service millage rate of .I821 mills. The proposed operating millage of 5.7404 is 2.719%
below the roll-back rate of 5.9008. When combined, the total operating and debt service
millage rate proposed for Fiscal Year 201 112012 is 5.9225 mills, and is slightly below the
current year combined rate of 5.9258 mills.
On September 8, 201 1 , the City Council approved Ordinance 18, 201 1 on first reading.
STAFF RECOMMENDATION:
o Staff recommends Council make the following announcement, “The City of Palm
Beach Gardens is proposing to adopt a final millage rate of 5.9225 mills, which
includes a debt service millage rate of .I821 and an operating millage rate of
5.7404, which is less than the rolled-back rate of 5.9008 by 2.719%.
o Staff recommends a motion to approve Resolution 54,201 1 , setting the final millage
rate for Fiscal Year 201 112012 at 5.9225.
o Staff recommends a motion to approve Ordinance 18, 2011 on second reading,
adopting a budget for Fiscal Year 201 1/2012.
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RESOLUTION 54,2011
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
BEACH GARDENS, FLORIDA ADOPTING A TAX LEVY AND
MILLAGE RATE FOR THE CITY OF PALM BEACH GARDENS FOR
THE FISCAL YEAR COMMENCING OCTOBER 1, 2011, AND
ENDING SEPTEMBER 30, 2012; DIRECTING THE CITY CLERK TO
FORWARD A CERTIFIED COPY OF THIS RESOLUTION TO THE
PROPERTY APPRAISER AND TAX COLLECTOR WITHIN THREE
(3) DAYS AFTER ITS ADOPTION; PROVIDING AN EFFECTIVE
DATE; AND FOR OTHER PURPOSES.
WHEREAS, at a duly advertised public hearing held on September 8, 2011, the
City Council of the City of Palm Beach Gardens tentatively adopted a millage rate of
5.9225 per $1,000.00; and
WHEREAS, said millage rate includes an operating millage rate of 5.7404 and a
debt millage rate of .1821; and
WHEREAS, on September 22, 201 1 , the City Council of the City of Palm Beach
Gardens held a public hearing in accordance with Section 200.065, Florida Statutes, to
adopt the final millage rate for Fiscal Year 201 1/2012; and
WHEREAS, the value of real property not exempt from taxation within the City of
Palm Beach Gardens, Florida has been certified by the County Property Appraiser to
the City Council as $7.792 Billion; and
WHEREAS, the City Council deems approval of this Resolution to be in the best
interests of the health, safety, and welfare of the residents and citizens of the City of
Palm Beach Gardens and the public at large.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF PALM BEACH GARDENS, FLORIDA that:
SECTION 1. The foregoing recitals are hereby affirmed and ratified.
SECTION 2. The Fiscal Year 2011/2012 millage rate is 5.9225 mills, which
includes a debt millage rate of ,1821 and an operating millage rate of 5.7404, which is
less than the rolled-back rate of 5.9008 by 2.719%.
SECTION 3. The City Clerk is hereby directed to forward a certified copy of this
Resolution to the Palm Beach County Property Appraiser and Tax Collector within three
(3) days after its adoption.
SECTION 4. This Resolution shall become effective immediately upon adoption
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Resolution 54, 201 1
PASSED AND ADOPTED this day of ,2011.
CITY OF PALM BEACH GARDENS, FLORIDA
BY:
David Levy, Mayor
ATTEST:
BY:
Patricia Snider, CMC, City Clerk
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
BY:
R. Max Lohman, City Attorney
-- AYE NAY ABSENT
--- MAYOR LEVY
--- VICE MAYOR PREMUROSO
COUNCILMEMBER RUSSO ---
COUNCILMEMBER JABLIN ---
--- COUNCILMEMBER TINSLEY
G:\attorney-share\RESOLUTlONSPOlO\Resolution 54 201 1 millage adoption FYI I-12.docx
Page 2 of 2
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ORDINANCE 18,2011
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM
BEACH GARDENS, FLORIDA ADOPTING THE BUDGET FOR THE
CITY OF PALM BEACH GARDENS FOR THE FISCAL YEAR
COMMENCING OCTOBER 1, 2011, AND ENDING SEPTEMBER 30,
2012; PROVIDING A CONFLICTS CLAUSE AND A SEVERABILITY
CLAUSE; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER
PURPOSES.
WHEREAS, at a duly advertised public hearing held on September 8, 2011, the
City Council tentatively adopted a budget for Fiscal Year 201 1/2012; and
WHEREAS, at a duly advertised public hearing held on September 22, 2011, the
City Council determined that the tentative budget, as finalized by the City Council, will
meet the needs and requirements of the City of Palm Beach Gardens and its residents for
Fiscal Year 201 112012; and
WHEREAS, the City Council deems approval of this Ordinance to be in the best
interests of the health, safety, and welfare of the residents and citizens of the City of Palm
Beach Gardens and the public at large.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF PALM BEACH GARDENS, FLORIDA that:
SECTION 1. The foregoing recitals are hereby affirmed and ratified.
SECTION 2. The proposed budget is hereby approved and adopted by the City
Council as and for the budget of the City of Palm Beach Gardens for the fiscal year
commencing October 1,201 1, and ending September 30,2012.
SECTION 3. All ordinances or parts of ordinances in conflict be and the same are
hereby repealed.
SECTION 4. Should any section or provision of this Ordinance or any portion
thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction
to be invalid, such decision shall not affect the validity of the remainder of this Ordinance.
SECTION 5. This Ordinance shall become effective immediately upon adoption.
Page 1 of 2
r 7-
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Ordinance 19,201 1
PASSED this b 25 day of .-%T~fi~
PASSED AND ADOPTED this day of , 2011, upon
, 201 1 , upon first reading.
second and final reading.
CIN OF PALM BEACH GARDENS
BY:
David Levy, Mayor
Robert G. Premuroso, Vice Mayor
Joseph R. Russo, Councilmember
- FOR AGAINST ABSENT
Eric Jablin, Councilmember
Marcie Tinsley, Councilmember
ATTEST:
BY:
Patricia Snider, CMC, City Clerk
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
BY:
R. Max Lohman, City Attorney
G:\attorney-share\ORDINANCES\2011 \Ordinance 18 201 1 - budget adoption 201 1-2012.docx
Page 2 of 2
CITY OF PALM BEACH GARDENS CITY COUNCIL
Agenda Cover Memorandum
Meeting Date: September 22,201 1
Ordinance 12,2011
SubjectlAgenda Item: Ordinance 12, 201 1 - First Reading - Repealing and Replacing
Chapter 46, Parks and Recreation, of the Code of Ordinances.
[XI Recommendation to APPROVE
I Recommendation to DENY
Reviewed by:
Submitted by:
Department Director
Deputy City Manager
Approved by:
City Manager
,/
Ronald'M. ferris
Originating Dept.:
Community Services q;U
Tim asher
Recreation and Golf
Director
Advertised: NA
Date:
Paper:
[ x ] Not Required
Affected parties
[ ] Notified
[ x] Not required
costs: o.00
(To ta I)
$0.00
Current FY
Funding Source:
[ ] Operating
[ ]Other
Budget Acct.#:
NIA
Council Action:
[ ]Approved
[ ] Approved wl
Conditions
[ ] Denied
[ ] Continued to:
Attachments:
0 Ordinance 12,2011
0 Exhibit A: Proposed
Parks and Recreation
Code
Meeting Date: September 22, 201 1
Ordinance 12, 201 1
Page 2 of 2
BACKGROUND:
The City of Palm Beach Gardens’ Parks and Recreation Code was adopted in 1996 and
is currently outdated. Staff has reviewed the Code and proposes to repeal Chapter 46,
Parks and Recreation, in its entirety, and replace it with a new Chapter 46 that includes
the following changes in summary:
1. Article I. Use of City Parks in General
a. Add numerous definitions;
b. Add a general purpose statement;
c. Add an enforcement authority clause; and
d. Add a picnicking section.
2. Article II. General Prohibitions
a. Add new prohibitions for the operation of aircraft, golfing, tennis (private
lessons), water pollution, hunting, and fishing (only near signage); and
b. Remove the Parks and Recreation Advisory Board section as it is already
addressed in Chapter 2 of the Code of Ordinances.
3. Article Ill. Park Sign Regulations
a. Add a Penalties and Fine section that will address trespass warrants
issued at a park; and
b. Add a requirement that signage in parks or facilities requires prior
authorization from the Person Officially Designated or City Manager in
accordance with City policy.
The proposed Code changes were presented to the Parks and Recreation Advisory
Board at its May 16, 201 1, and August 15, 201 1, meetings.
STAFF RECOMMENDATION:
Staff recommends approval of Ordinance 12, 201 1 as presented on first reading.
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ORDINANCE 12,201 1
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM
BEACH GARDENS, FLORIDA REPEALING CHAPTER 46. PARKS
AND RECREATION IN ITS ENTIRETY AND READOPTING SAME,
AS REVISED, IN ORDER TO AMEND AND CLARIFY THE
REGULATIONS THAT GOVERN THE USE OF THE CITY’S PARKS
AND RECREATION FACILITIES; PROVIDING A CONFLICTS
CLAUSE, A SEVERABILITY CLAUSE, AND AUTHORITY TO
CODIFY; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER
PURPOSES.
WHEREAS, the City Council of the City of Palm Beach Gardens has determined
that a need exists to amend and clarify the regulations that govern the use of the City’s
parks and recreation facilities; and
WHEREAS, on May 16 and August 15,201 1 , the Parks and Recreation Advisory
Board conducted public hearings to review the proposed amendments to Chapter 46.
Parks and Recreation; and
WHEREAS, the City Council deems approval of this Ordinance to be in the best
interests of the health, safety, and welfare of the residents and citizens of the City of
Palm Beach Gardens and the public at large.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
PALM BEACH GARDENS, FLORIDA that:
SECTION 1. Chapter 46. Parks and Recreation of the Code of Ordinances of the
City of Palm Beach Gardens, Florida is hereby repealed and readopted, as revised;
providing that Chapter 46. Parks and Recreation shall hereafter read as follows:
See Exhibit “A”, which is attached hereto and made a part hereof.
SECTION 2. All ordinances or parts of ordinances in conflict be and the same are
hereby repealed.
SECTION 3. Should any section or provision of this Ordinance or any portion
thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction
to be invalid, such decision shall not affect the validity of the remainder of this Ordinance.
SECTION 4.
SECTION 5.
Specific authority is hereby given to codify this Ordinance.
This Ordinance shall become effective immediately upon adoption.
Page 1 of 2
Ordinance 12, 201 1
1 PASSED this day of , 201 1, upon first reading.
2
3 PASSED AND ADOPTED this day of , 2011, upon
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second and final reading.
CITY OF PALM BEACH GARDENS
BY:
David Levy, Mayor
Robert G. Premuroso, Vice Mayor
Joseph R. Russo, Councilmember
FOR
Eric Jablin, Councilmember
Marcie Tinsley, Councilmember
ATTEST:
BY:
Patricia Snider, CMC, City Clerk
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
BY:
R. Max Lohman, City Attorney
AGAINST ABSENT
46 47 G:\attorney-share\ORDINANCESEOl l\Ordinance 12 201 1 - parks and rec code amendment.docx
Page 2 of 2
---
EXHIBIT “A”
Page 1 of 12
ARTICLE I. USE OF CITY PARKS IN GENERAL 1
2
Sec. 46-1. Definitions. 3
Sec. 46-2. Purpose. 4
Sec. 46-3. Enforcement authority. 5
Sec. 46.4. Park hours of use. 6
Sec. 46-5. Permits for use of park pavilions. 7
Sec. 46-6. Permits for public assembly, sale or distribution of printed material, or use 8
of alcoholic beverages. 9
Sec. 46-7. Interpretation as to work performed by employees and contractors. 10
Sec. 46-8. Use of dressing/bath facilities. 11
Sec. 46-9. Disorderly conduct/defacing park property. 12
Sec. 46-10. Noise. 13
Sec. 46-11. Use of vehicles. 14
Sec. 46-12. Boating and bathing. 15
Sec. 46-13. Picnicking. 16
Sec. 46-14. Pets and animals. 17
Sec. 46-15. Trash and recycling. 18
Sec. 46-16. Soliciting. 19
Sec. 46-17. Restricted recreational activities. 20
Secs. 46-18 – 46-30. Reserved. 21
22
ARTICLE II. GENERAL PROHIBITIONS 23
24
Sec. 46-31. Smoking. 25
Sec. 46-32. Operation of aircraft. 26
Sec. 46-33. Special photography. 27
Sec. 46-34. Golfing. 28
Sec. 46-35. Tennis. 29
Sec. 46-36. Water pollution. 30
Sec. 46-37. Hunting, firearms, toy guns. 31
Sec. 46-38. Camping. 32
Sec. 46-39. Radio-controlled model aircraft. 33
Sec. 46-40. Radio-controlled model power boats. 34
Sec. 46-41. Fishing. 35
Sec. 46-42. Restricted recreational activities. 36
Secs. 46-43 – 46-55. Reserved. 37
38
ARTICLE III. PARK SIGN REGULATIONS 39
40
Sec. 46-56. General provisions. 41
Sec. 46-57. Regulations and restrictions. 42
Sec. 46-58. Off-site directional signs. 43
Sec. 46-59. Penalties and fines. 44
45
46
Page 2 of 12
ARTICLE I. USE OF CITY PARKS IN GENERAL 1
2
Sec. 46-1. Definitions. 3
4
The following words, terms, and phrases, when used in this chapter, shall have 5
the meanings ascribed to them in this section, except where the context clearly 6
indicates a different meaning: 7
8
Amplified sound means speech, music, or other sound projected or transmitted 9
by any equipment (including, but not limited to, amplifiers, loudspeakers, bullhorns, or 10
similar devices) intended to increase the volume or range of the sound. 11
12
Code enforcement officer means any member of the code enforcement 13
department authorized to enforce the laws and ordinances within the city. 14
15
Division shall mean the parks and/or recreation division for the City of Palm 16
Beach Gardens. 17
18
Director shall mean the Director of the Recreation Division. 19
20
Driver shall mean every person who drives or is in actual physical control of a 21
vehicle in or on park property, or who is exercising control of a vehicle or steering a 22
vehicle being towed by a motor vehicle. 23
24
Law enforcement officer means any member of the police department authorized 25
to enforce all laws and ordinances within the city. 26
27
Motor vehicle shall mean every wheeled vehicle or type of conveyance which is 28
self-propelled whether by means of an internal combustion engine or by electrical 29
power, including but not limited to, automobiles, buses, emergency vehicles, 30
motorcycles, motorbikes, motor scooters, school buses, trucks, tractors, and the like. 31
Exception is made for baby carriages, wheelchairs, and vehicles in the service of the 32
City of Palm Beach Gardens. 33
34
Nonresident shall mean any person whose legal residence is outside the city 35
boundaries and is therefore ineligible to be a registered elector of the city due to that 36
person’s nonresidency. 37
38
Open spaces means all undeveloped land owned, operated, or maintained by the 39
city and not designated as a specific park or park land. 40
41
Park means a parcel of land owned, operated, or maintained by the city and 42
specifically set apart for the recreational, leisure time, and/or general use of the public. 43
44
45
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Page 3 of 12
Park or recreation facility shall mean any property, field, court, open space, 1
building, or structure which is owned or leased by the city and which is designated for 2
recreational purposes, including all parking facilities provided in connection therewith. A 3
"park or recreation facility" may include, but is not limited to, public parks, playgrounds, 4
tennis courts, racquetball courts, basketball courts, swimming pools, ball fields, jogging 5
paths, and golf courses. For purposes of this chapter, a "park or recreation facility" shall 6
hereinafter be referred to collectively as a "park." 7
8
Permit means a document or certificate provided by the City of Palm Beach 9
Gardens granting permission to conduct or take part in a specific activity at a specific 10
location. 11
12
POD means the “person officially designated” in writing by the city manager or 13
city manager’s designee to perform the duties described in that portion of this chapter of 14
the City of Palm Beach Gardens Code of Ordinances. 15
16
Recreation program means any program or activity conducted, sponsored, or 17
assisted by the division, whether or not it occurs in a park. 18
19
Sec. 46-2. Purpose. 20
21
To establish rules and regulations governing the operation and use of municipal 22
parks and recreation facilities so that the public may obtain the maximum enjoyment 23
and utilization thereof in accordance with the purposes intended and that the facilities 24
may be conserved and protected for the public good. 25
26
Sec. 46-3. Enforcement authority. 27
28
(a) It shall be the duty and responsibility of the police department, code 29
enforcement department, and the division to enforce this chapter. 30
31
(b) It shall be unlawful for any person to do any act forbidden or fail to perform 32
any act required by this chapter or for any person to fail to comply with any lawful or any 33
reasonable order given by police department officers, code enforcement officers or 34
division employees. 35
36
(c) The city manager may adopt reasonable rules and regulations as he/she 37
may deem necessary to manage and govern park property and activities. 38
39
Sec. 46-4. Park hours of use. 40
41
All city parks, excluding parkways, shall be open each day from sunrise to 42
sunset, every day of the year. Specific areas of a park which have been lighted for use 43
at night, such as fields, courts, or jogging trails, may be used until 11:00 p.m., unless 44
another time is posted by the division. 45
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(a) No person shall enter or remain upon park property at any time during 1
which the park is closed, except pursuant to a permit issued by the POD granting 2
specific authorization for such after-hours use. 3
4
(b) The POD shall have the authority to establish later opening hours and 5
earlier closing hours for any park by posting signs clearly identifying the opening or 6
closing hours. 7
8
(c) No person shall remain upon park property after a lawful command to 9
leave by any law enforcement officer or by the POD, regardless of whether the park is 10
open or not. 11
12
13
Sec. 46-5. Permits for use of park pavilions. 14
15
(a) Application. Pavilion permits are available to reserve the exclusive use of 16
pavilions in city parks. Applicants may apply for a reservation permit upon the payment 17
of a fee to be established by the division director (hereinafter referred to as the 18
"director"). When not otherwise reserved, pavilions are available on a first-come first-19
served basis, except that residents shall be given priority over nonresidents. 20
21
(b) Issuance. For groups of less than 50 persons, pavilion permits shall be 22
obtained from the division any time prior to the planned event, provided that the facility 23
sought is available at the time requested. Groups of 50 or more persons who desire to 24
use park pavilions shall submit a written request to the director no later than ten days 25
before the date of the event, indicating time, number of guests, activities, and any 26
entertainment planned or desired. In all cases, requests for pavilion permits shall be 27
considered in the order in which they are received by the division. The use of city parks 28
pursuant to said permit shall be in accordance with city ordinances and park 29
regulations. 30
31
Sec. 46-6. Permits for public assembly, sale or distribution of printed material, 32
or use of alcoholic beverages. 33
34
(a) Purpose. Park permits are required for certain activities and uses so that 35
the city can regulate and limit or eliminate activities which may create an unreasonable 36
risk of injury or damage to persons or property, which are likely to create an atmosphere 37
which would discourage the use of parks for their intended purposes, or which, if not 38
limited or eliminated, would allow monopolizing of parks or some facilities in parks by 39
one group or individual to the exclusion of other groups or individuals. A fee for park 40
permits shall be charged in accordance with the city fees and charges schedule, as may 41
be amended from time to time. 42
43
(b) Activities that require a park permit. No person shall engage in any of the 44
following activities in a park unless a park permit for the activity has been issued by the 45
POD: 46
Page 5 of 12
(1) Sell or offer for sale any goods or services. 1
2
(2) i. Conduct or participate in any recreational, athletic, entertainment, 3
cultural or social event, program or activity, or any other public or private 4
gathering, intended for or which can reasonably be expected to draw an 5
attendance of 50 12 or more individuals without a permit. Examples of 6
events, programs, activities, and gatherings that require a park permit 7
include, but are not limited to, picnics, parties, food distribution activities, 8
meetings, speeches, rallies, demonstrations, and performances, if such 9
events, programs, activities, and gatherings are intended for or can 10
reasonably be expected to draw an attendance of 50 12 or more 11
individuals. 12
ii. Conduct or participate in any organized athletic/sports activities 13
(such as football, baseball, basketball, soccer, and/or similar organized 14
sports activities) regardless of the number of people in attendance. 15
16
(3) Post any sign, banner, or advertisement. 17
18
(4) Use a loudspeaker, public address system, or amplifier. 19
20
(5) Use a generator. 21
22
(c) Exceptions. 23
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(1) A park permit shall not be required for an activity authorized to be 25
conducted in a park pursuant to a valid pavilion permit. The POD shall 26
determine whether an activity or event requested to be conducted in a 27
park requires a park permit or a pavilion permit. 28
29
(2) A park permit shall not be required for activities conducted in parks 30
pursuant to a valid city lease, city facility use agreement, city concession 31
agreement, or other written agreement with the city. 32
33
(d) Application process. The park permit application process shall be in 34
accordance with division standard operating guidelines. 35
36
Sec. 46-7. Interpretation as to work performed by employees and contractors. 37
38
No provision of this chapter shall make unlawful any act necessarily performed 39
by any employee of the city acting within the scope of his/her employment or by another 40
person pursuant to the proper and necessary execution of the terms of an agreement 41
with the city. 42
43
Sec. 46-8. Use of dressing/bath facilities. 44
45
(a) No person over the age of six shall occupy or enter any restroom, 46
Page 6 of 12
dressing room, bathroom, bathhouse, or other park structures which are reserved or 1
designated by the parks division for exclusive use of the opposite sex. 2
3
(b) No person shall loiter in or around any restroom, dressing room, 4
bathhouse, or parking lot. 5
6
(c) No person shall dress or undress except in such bathhouses or structures 7
as may be provided and maintained by the parks division for that purpose, and dressing 8
or undressing in any vehicle, toilet, restroom, or in any park area except as provided 9
above is prohibited. 10
11
Sec. 46-9. Disorderly conduct/defacing property. 12
13
(a) Defacing property. No person shall pluck any flower or fruit, either wild or 14
cultivated, or break, cut down, tramp upon, remove, or in any manner deface, mar, 15
damage, injure, or mutilate any tree, shrub, flower bed, fallen timber, turf, fence, bridge, 16
bench, table, statue, ornament, gate, building, structure, tool, vehicle, boat, car, light 17
standard, sign, or any other property located within a city park. No person in a park, 18
except city employees or its agents shall carry on or about his person a container 19
capable of propelling paint by means of a gaseous charge or any paint markers of any 20
kind. 21
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(b) Disorderly conduct. 23
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(1) No person shall use obscene language or engage in disorderly conduct in 25
a city park. 26
27
(2) No person shall climb any tree or walk, stand, or sit upon any property 28
within a city park unless designated or customarily used for such 29
purposes. 30
31
Sec. 46-10. Noise. 32
33
All city parks shall be subject to the same sound level thresholds as established 34
in Section 78-661. of the City Code of Ordinances for commercial properties. 35
36
Sec. 46-11. Use of vehicles. 37
38
(a) No person, except in emergencies, shall change any parts, repair, wash, 39
grease, or perform other maintenance on a vehicle on any park roadway, driveway, 40
parking lot or other park property. Waxing and polishing of a vehicle is permitted in city 41
parks provided it is in an area open to vehicles and does not interfere with other park 42
activities or traffic flow. 43
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(b) No person shall operate or park a motor vehicle, camper, bus, float, or 1
trailer within a city park or parking lot, except in those areas specifically designated by 2
signs, to be used for such driving or parking unless authorized by the director or the 3
police department. Any agents or employees of federal, state, county, or municipal 4
governmental bodies operating motor vehicles on official business shall be exempt from 5
the provisions hereof. 6
7
(c) No person shall bed down, sleep, or camp overnight in a city park, 8
including any parking area, nor shall camper trucks, buses, trailers, or other vehicles be 9
permitted to remain overnight in a city park unless authorized by the director. 10
11
(d) No person shall park a vehicle in any area of a city park in excess of 18 12
consecutive hours or continuously from 10:00 p.m. until 6:00 a.m. Any vehicle parked in 13
violation of this section, unless authorized by the director or the police department, may 14
be removed from the parking area to a garage designated or maintained by the city or 15
its police department, or to another place of safety. 16
17
Sec. 46-12. Boating and bathing. 18
19
(a) Operation of motorized watercraft is prohibited in any city park. Use of 20
non-motorized watercraft may be permissible in those areas designated for such use by 21
the director. 22
(b) It shall be unlawful for any person to bathe or swim in any drainage canal 23
or lake within any city park. 24
25
Sec. 46-13. Picnicking. 26
27
(a) No person in a city park shall picnic in a place designated or designed for 28
another purpose. Park officials shall have the authority to regulate the activities in these 29
areas when necessary to prevent congestion and to secure the maximum use for the 30
comfort and convenience of all visitors. Visitors shall comply with any directions given 31
to achieve this end. If the facilities are crowded, persons holding activities in any park 32
picnic area, building, or structure will avoid using same to the exclusion of others for an 33
unreasonable time, the determination of which is unreasonable being at the discretion of 34
the park officials. Use of the individual city-owned picnic and/or grilling facilities, 35
together with tables and benches, follows generally the rule of first come, first served. 36
37
(b) It is prohibited to build or use an open fire except in areas specified by the 38
director. Barbecue grills or like devices are exempt from this provision; however, the 39
division may prohibit the use of such devices when their use is deemed to be unsafe or 40
hazardous. 41
42
(c) No person shall build, light, or cause to be lighted any fire upon the ground 43
or other object in any area except as specifically designated and in an approved grill, 44
stove, fireplace, or other suitable apparatus, nor shall any person starting a fire leave 45
the area without first extinguishing the fire. 46
Page 8 of 12
(d) No person shall use a grill or other device in such a manner as to burn, 1
char, mar, or blemish any bench, table, or any other object of park property. 2
3
Sec. 46-14. Pets and animals. 4
5
(a) No person shall bring or allow any pet or animal in any city park, except 6
those assisting or aiding impaired or physically disabled persons, unless such park is 7
specifically designated for use by such pet or animal. 8
9
(b) No person shall place, dump, abandon, or leave any animal in a city park. 10
11
Sec. 46-15. Trash and recycling. 12
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(a) No person shall deposit or drop any refuse, including, but not limited to, 14
bottles, broken glass, ashes, paper, boxes, cans, dirt, rubbish, waste, garbage, tobacco 15
products, containers, or foil upon the ground in any city park except in the receptacles 16
provided for trash disposal. 17
18
(b) All trash such as boxes, papers, cans, bottles, garbage, and other refuse 19
shall be placed in the disposal receptacles or recycle receptacles where provided. If 20
there are no such trash receptacles available, refuse shall be carried away from the city 21
park to be properly disposed of elsewhere in accordance with the law. 22
23
(c) No person shall use city park trash receptacles for deposit of garbage or 24
other refuse brought from his/her place of residence or business. 25
26
Sec. 46-16. Soliciting. 27
28
(a) No person shall engage in any commercial activity for compensation, nor 29
solicit or canvass for the sale or rental of merchandise, services, goods, or property of 30
any kind or character, within a city park. 31
32
(b) This section shall not apply to a tenant, concessionaire, permittee, or 33
licensee who is lawfully operating in accordance with the terms of a lease or concession 34
agreement with the city or in accordance with the terms of a permit or license granted 35
by the director. 36
37
Sec. 46-17. Restricted recreational activities. 38
39
(a) The playing of any game involving thrown or otherwise propelled objects 40
such as stones, arrows, javelins, or model airplanes is prohibited, except in areas 41
designated for these forms of recreation. 42
43
(b) Roller skating, rollerblading, bicycling, skateboarding, and any other 44
similar activity is prohibited on basketball courts, tennis courts, and parking lots and 45
shall be confined to those areas specifically designated for such activity. 46
47
Page 9 of 12
(c) Any and all state and county restrictions apply to fireworks or fireworks items. 1
The use, ignition, lighting, and/or display of fireworks is specifically prohibited in all city 2
parks unless part of a city-authorized fireworks display or performance. 3
4
Secs. 46-18 – 46-30. Reserved. 5
6
7
ARTICLE II. GENERAL PROHIBITIONS 8
9
Sec. 46-31. Smoking. 10
11
No person shall throw away or discard any lighted match, cigar, or cigarette 12
within a park, except in designated areas and containers. 13
14
Sec. 46-32. Operation of aircraft. 15
16
No person operating, directing, or responsible for any airplane, helicopter, glider, 17
balloon, dirigible, parachute, or other aerial apparatus shall take off or land within any 18
park area, recreational land, or waterway, except when human life is endangered or an 19
emergency situation exists, except upon written permission of the director in conjunction 20
with some special event or program for the public benefit. 21
22
Sec. 46-33. Special photography. 23
24
The taking of still or moving pictures which require or involve the use of special 25
settings, structures, or apparatus, or the performance of a cast of persons whether 26
amateur or professional, or the posing of professional models, is strictly prohibited 27
without the express written permission of the director. Permission shall be granted only 28
when such activities may be conducted in full compliance with all applicable laws and 29
regulations of the United States, the State of Florida, the county, and the city, and will in 30
no way interfere with the normal use of park facilities by the general public. The 31
provisions of this section do not in any way restrict the use of cameras, whether by 32
amateur photographers or professionals who are not using such settings, scenery, 33
casts, or models. 34
35
Sec. 46-34. Golfing. 36
37
Playing golf, practicing golf strokes, or striking a golf ball with a golf club is 38
prohibited in any park except at designated golf courses and golf practice areas 39
designated with signs by the POD. Charging for professional services (such as private 40
lessons) or commercial use of designated golf facilities is not permitted without specific 41
written arrangements and permission from the director. 42
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Page 10 of 12
Sec. 46-35. Tennis. 1
2
(a) Use of city tennis facilities shall be governed by the facility rules and 3
regulations as set forth by the director. 4
5
(b) Charging for professional tennis services (such as private lessons) or 6
commercial use is not permitted without specific written arrangements and permission 7
from the director. 8
9
Sec. 46-36. Water pollution. 10
11
No person shall throw, discharge, or otherwise place or cause to be placed in the 12
waters of any fountain, pond, lake, stream, or other body of water in or adjacent to any 13
park or tributary, stream, storm sewer, or drain flowing into such waters, any substance, 14
matter, or thing, liquid or solid, which will or may result in the pollution of the waters. 15
The applicability of this section shall not be limited to city parks but is specifically 16
enforceable throughout the city. 17
18
Sec. 46-37. Hunting and toy guns. 19
20
(a) No person shall carry, use, or possess any spear guns, spring guns, bows 21
and arrows, crossbows, and/or any replica or toy firearms on or in a park area or 22
property. Such apparatus are specifically determined to be inimical to wildlife and 23
dangerous to human safety. 24
25
(b) No hunting, trapping, or pursuit of wildlife by any means or methods 26
whatsoever will be permitted on or in any park area. Additionally, no unauthorized 27
person shall capture or collect for any purpose any animal nest or egg or any animal, 28
whether dead or alive, in a city park. 29
30
(c) However, nothing contained in this section shall be interpreted to prohibit 31
the possession or carrying of any firearm by a law enforcement officer or by those 32
individuals who have a concealed weapon or firearm license properly issued in 33
accordance with Section 790.06, Florida Statutes. 34
35
Sec. 46-38. Camping. 36
37
Camping on park property is strictly prohibited. 38
39
Sec. 46-39. Radio-controlled model aircraft. 40
41
The operation and/or flying of radio-controlled model aircraft within city parks are 42
strictly prohibited. 43
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Page 11 of 12
Sec. 46-40. Radio-controlled model power boats. 1
2
The operation of radio-controlled model power boats within the water bodies of 3
city parks is strictly prohibited. However, the operation of radio-controlled non-power 4
boats within the water bodies of city parks is permitted. 5
6
Sec. 46-41. Fishing. 7
8
Fishing in park waters is prohibited, regardless of the method used, except at 9
such times and places as may be designated with signs by the POD. 10
11
Secs. 46-42 – 46-55. Reserved. 12
13
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ARTICLE III. PARK SIGNS REGULATIONS 15
16
Sec. 46-56. General provisions. 17
18
(a) This article shall apply to all park and recreation facilities and all property 19
owned or leased by the city which is designated for park or recreation use and which is 20
managed and maintained by the city. 21
22
(b) All applications for park signs governed by this article are subject to 23
approval by the director. 24
25
Sec. 46-57. Regulations and restrictions. 26
27
All signs erected, installed, placed or in any manner located upon city park 28
property shall require the prior written approval of the POD or city manager, in 29
accordance with city standard operating procedures. 30
31
Sec. 46-58. Off-site directional signs. 32
33
The division may erect off-site directional signs, notwithstanding any ordinance to 34
the contrary, when, at the discretion of the city manager or city manager’s designee, 35
such signs are deemed necessary to afford residents notice of city parks and certain 36
other city events relating to the use of such parks. The use of off-site directional signs 37
shall be subject to the following restrictions: 38
39
(a) The division may erect such signs only for city-sponsored events 40
. 41
(b) The sign shall be classified as a directional special-event type of sign in 42
accordance with the regulations set forth in chapter 78 of this code. 43
44
(c) The sign may be erected on any property in the city which is owned or 45
leased by the city and which the city maintains, subject to the following limitations: 46
Page 12 of 12
(1) The sign shall be compatible with the character of the immediate 1
surrounding area; 2
3
(2) The sign shall not hinder, block, or obstruct the free flow of vehicular or 4
pedestrian traffic; and 5
(3) The sign shall not be erected in such a manner so as to create a 6
hazardous or unsafe condition. 7
8
Sec. 46-59. Penalties and fines. 9
10
It shall be unlawful to violate any part of this chapter. This chapter shall be 11
enforced in accordance with the provisions of this code of ordinances and all applicable 12
federal and state laws. In order to enforce the provisions of this chapter, the city shall 13
not be limited to any single or exclusive remedy under the law. In addition, any person 14
found violating any section of this chapter will be subject to immediate removal from a 15
city park, which may include, but not be limited to, the issuance of a trespass warrant. 16
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CITY OF PALM BEACH GARDENS CITY COUNCIL
Agenda Cover Memorandum
Meeting Date: September 22,201 1
Ordinance 19,201 1
SubjectlAgenda Item:
Amendment to Chapter 2 of the City's Code of Ordinances.
Second reading and adoption hearing: Amending the C-ws Code of Ordinances in
Sections 2-109,2-125 through 2-129,2-119,2-139,2-148(b) and 2-149, which modifies
the composition of the City's advisory boards and committees and the attendance and
meeting requirements. Further this amendment removes Division 4 of Chapter 2, the
Economic Development Advisory Board.
Dc] Recommendation to APPROVE
I Recommend
Reviewed by:
Submitted by:
Department Director
\ Patricia Snider
Approved by:
Jon to DENY
OriginatingDept.:
Cityclerk
Y
Patricia Snider,
Cityclerk
Advetii: Yes
Date: 0910711 1
Paper: Palm Beach
Post
[ ] Not Required
Affectedparties
[ ]Notified
[ ] Not required /
costs:$ 0 crotal)
$
Current FY
Fundi Source:
t loperaains
txl other
BudgetAce
Council Action:
Approved
Approved w/
Conditions
Denied
[ ] Continued to:
Clttachments:
0 Ordinance 19.201 1
Meeting Date: September 22,201 1
Ordinance 19,201 1
Page 2 of 2
BACKGROUND:
This proposed amendment to the City Code of Ordinances will revise six (6) subsections
within Chapter 2, Administration. It is intended to provide the opportunity for boards and
comiiteees that meet once per quarter and once per month the ability to cancell a meeting
if there is insufficient business for the board'dmmittee's consideration and amends the
membership section for the Planning, Zoning, and Appeals Board to offer additional
flexibility when appointing applicants to serve.
We have recognized that the number of petitions and projects has been significantly
reduced, and changing these requirements will improve the function and efficiency of the
boards, as well as reduce costs by eliminating the need to prepare agendas, notices,
minutes, backup material, and presentat#wls * , all of which take a significant amount of time.
Lastly, this amendment removes Division 4, the Economic Development Advisory Board.
From 2003 to 2007, the City had an Economic Development Advisory Committee which
became the Economic Development Advisory Board (EDAB). This board was comprised of
a cross-section of the business community. Over the years, the members provided
valuable insight to the City's remitment and expansion efforts for economic development.
However, the EDAB had more vacancies than board members, and the organizations were
not interested in recommending members to be appointed to the board. Therefore, the City
discovered other successful ways to work with the business community and its partnering
agencies, such as the Business Development Board (BDB), regarding economic
development initiatives. Also, the Northern Palm l3each Chamber of Commerce created the
North County Economic Development Advisory Board which the City actively participates
in. The EDAB has not had any appointed members since 2007, and has not been an active
board since that time. Therefore, the board is being removed with this amendment as a
housekeeping measure.
On September 8, 201 1 , the City Council voted 50 to pass Ordinance 19, 201 1 onto
second reading.
STAFF RECOMMENDAmN: Staff recommends approval of Ordinance 19, 201 1 as
presented on second reading.
PROPOSED Sections 2-1 09. 2-1 19. 2-1 39 and 2-149 Meetinas.
Sec. 2-109. Meetings. Art in Public Places Advisory Board. Meetings shall 1 vene no less
often than once per quarter; however. meetinas mav be cancelled if there is insufficient
business for the boards consideration.
Sec. 2-1 19. Meetings. Community Aesthetics Board.
Meetings shall vene no less
often than once per quarter; however. meetinas mav be cancelled if there is insufficient
business for the boards consideration.
Sec. 2-1 39. Meetings. Parks and Recreation Advisory Board.
Meetings shall a vene no less
often than once per quarter; however. meetinas mav be cancelled if there is insufficient
business for the boards consideration.
Sec. 2-149. Meetings. Planning, Zoning, and Appeals Board.
Meetings shall nvene no less
often than once per month; however, meetings may be cancelled if there is insufficient
business for the boards consideration. .
PROPOSED Secs. 2-1 25 - Secs. 2-1 29 Resewed.
3 137 -D-
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a
ORDINANCE 19,2011
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM
BEACH GARDENS, FLORIDA AMENDING CHAPTER 2.
ADMINISTRATION AT ARTICLE 111. BOARDS AND COMMITTEES;
ENTITLED MEETINGS. IN ORDER TO AMEND MEETING
FREQUENCY; FURTHER AMENDING ARTICLE 111. BY REPEALING
ORDER TO ELIMINATE THE ECONOMIC DEVELOPMENT
ADVISORY BOARD AND RESERVING THE SUBJECT SECTIONS
FOR FUTURE LEGISLATION; FURTHER AMENDING ARTICLE 111.
SAME, AS REVISED IN ORDER TO REVISE THE MEMBERSHIP
REQUIREMENTS OF THE PLANNING AND ZONING BOARD;
PROVIDING THAT EACH AND EVERY OTHER SECTION AND
SUBSECTION OF CHAPTER 2. ADMINISTRATION SHALL REMAIN
THE SAME AS PRWUSLY ADOPTED; PROVIDING A
CONFLICTS CLAUSE, A SEVERABILITY CLAUSE, AND
AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE; AND
FOR OTHER PURPOSES.
REPEALING SECTIONS 2-109, 2-119, 2-139, AND 2-149, ALL
SECTIONS 2-125. THROUGH 2-129. IN THEIR ENTIRETY IN
BY REPEALING SUBSECTION 2-148(b) AND READOPTING
WHEREAS, the City Council of the City of Palm Beach Gardens has become
aware of the need to amend the meeting frequency and attendance policies for all
appointed boards and committees; and
WHEREAS, the City staff has drM certain amendments in order to improve
the efficiency with which the boards and committees conduct City business; and
WHEREAS, the City staff believes that such amendments improve the function of
the boards and committees, save vale time, and reduce the costs associated with
the business conducted by the various boards and committees; and
WHEREAS, the City staff recommends that Chapter 2. Administration be
amended to accomplish this purpose; and
WHEREAS, the City Courdl deems approval of this Ordinance to be in the best
interests of the heatth, safety, and welfare of the residents and citizens of the City of
Palm Beach Gardens and the public at large.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF PALM BEACH GARDENS, FLORIDA that:
Page 1 of 5
Ordinance 19, 201 1
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SECTION I. Chapter 2. Administration of the Code of Ordinances of the City of
Palm Beach Gardens, Florida is hereby amended at Article 111. Boards and Committees
by repealing and adopting Sections 2-log., 2-1 19., 2-1 39., and 2-149., all entitled
Meetings., as revised, providing that this sedion shall hereafter read as follows:
Sec. 2-109. Meetings.
Meetings shall nvene no
less often than once per quarter, however, meetinas may be cancelled if there is
muff icient business for the boa rd's consideration.
Sec. 2-1 19. Meetings.
Meetings shall 5 nvene no
less often than once per quarter, however, mee tinas may be cancelled if there is
muff iclent bu siness for the boa rds considerat ion.
Sec. 2-139. Meetings.
Meetings shall 1 nvene no
less often than once per quarter, howe ver. meetinas mav be cancelled if there is
insufficient business fo rtheboa rds consideration.
Sec. 2-149. Meetings.
Meetings shall nvene no
less often than once per month; howe ver. meetinas mav be cancelled if there is
jnsufficient business for the boa rds considerat' IOn.
SECTION 2. Chapter 2. Administration, Code of Ordinances of the City of Palm
Beach Gardens, Florida Article 111, entitled "Boards and Committees", Sections 2-125.
through 2-129. are hereby repealed in their entirety and Section 2-125. through Section
129. shall be Reserved as follows:
Page 2 of 5
Ordinance 19, 201 1
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L. 9427 .. D- .
e: I .
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L 3-
3 4312 L ILV,
Secs. 7-125. -- 2 129. Reserved,
SECTION 3. Chapter 2. Administration of the Code of Ordinances of the City of
Palm Beach Gardens, Florida is hereby amended at Artide 111. Boards and Committees
by repealing sub-section 2-148(b) and readopting same, as revised, providing that
section 2-1 48, shall hereafter read as follows:
Sec. 2-148. Membership.
(a)
(b)
(This subsection shall remain in MI force and effect as previously adopted.)
Membersoftheboardshallberesidents of the Crty of Palm Beach Gardens:
(1) -Nol--m of the following dkapkes professions
must be reDresented:
Page 3 of 5
Ordinance 19. 201 1
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ArCtliieds;
Engineers:
Division 1 (general, building, or residential) contractors.
(2) At least one of the follawing dkiplks professions must be represented:
Attorneys;
Real estate professionals;
Environmental professionals;
Landscape architects;
Planners;
Division 2 (MEP) contractors;
Land Surveyors.
At least one of the following: (3)
One resident at large.
SECTlON 4. All ordinances or parts of ordinances in conflict be and the same are
hereby repealed.
SECTION5 Should any sedion or provision of this Ordinance or any portion
thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction
to be invalid, such decision shall not affect the validii af the remainder of this Ordinance.
SECTION 6. Specific authority is hereby given to codify this Ordinance.
SECTION 7. This Ordinance shall become effective immediately upon adoption.
(The remainder of this page intentionally left blank)
Page 4 of 5
Ordinance 19, 201 1
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PASSED this 8* day of SeQTemam , 201 1 , upon first reading.
PASSED AND ADOPTED this day of , 2011, upon second
and final reading.
CITY OF PALM BEACH GARDENS
BY:
David Levy, Mayor
Robert G. Premuroso, Vice Mayor
Joseph R. Russo, Councilmember
Eric Jablin, Councilmember
Marcie Tinsley, Councilmember
ATTEST:
BY:
Patricia Snider, CMC, City Clerk
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
BY:
R. Max Lohman, City Attorney
FOR AGAINST ABSENT
G:\attorney-share\ORDlNANCESL?Ol l\Ordinance 19 201 1 - Amending Boards Commissions-final.doc
Page 5 of 5
CITY OF PALM BEACH GARDENS CITY COUNCIL
Agenda Cover Memorandum
Meeting Date: September 22,201 1
Resolution 61. 201 1
SubjectlAgenda Item: Establishing a Fund Balance Policy for the General Fund
consistent with the Governmental Accounting Standards Board Statement No. 54
Fund Balance Reporting and Governmental Fund Type Definitions.
[XI Recommendation to APPROVE
1 Recommend
Reviewed by:
Finance ist rator
Allan Owens
Submitted by:
DepartmentJDirector a-
Allan Owens
Approved by:
City Manager
7 45,
tion to DENY
Originating Dept.:
Finance
A
Allan Owens
Finance Administrator
Advertised: NA
Date:
Paper:
[ x ] Not Required
Affected parties
[ ] Notified
[ ] Not required
costs: $
(Total)
Current FY
Funding Source:
[ ]Operating
[ ]Other
Budget Acct.#:
Council Action:
[ ]Approved
[ ] Approved w/
Conditions
[ ] Denied
[ ] Continued to:
Attachments:
0 Resolution 61, 201 1
- Exhibit “A - Fund
Balance Policy
Meeting Date: September 22,2011
Resolution 61, 201 1
Page 2 of 3
BACKGROUND:
The Governmental Accounting Standards Board (GASB) recently issued Statement No.
54 Fund Balance Reporting and Governmental Fund Type Definitions.
Fund Balance information is used to identify the available resources to repay long-term
debt, reduce property taxes, add new governmental programs, expand existing ones, or
enhance the financial position of the City, in accordance with policies established by the
City Council.
The City is required to implement this new standard in the fiscal year ending September
30, 201 1, and must adopt a formal policy that defines and establishes the following new
components of Fund Balance: Nonspendable, Restricted, Committed, Assigned, and
Unassigned. In addition, the policy must also establish guidelines for the use of Fund
Balance. This new policy is set forth in the attached Exhibit “A, City of Palm Beach
Gardens Fund Balance Policv, and summarized below.
Governmental accounting principles distinguishes Fund Balance classified based on the
relative strength of the constraints that control the purposes for which specified amounts
can be spent. Beginning with the most restrictive constraints, Fund Balance amounts
will be reported in the following categories:
1. Nonspendable Fund Balance - amounts that are not in a spendable
form (e.g., inventory), or are legally or contractually required to be
maintained intact (e.g., principal of an endowment fund).
2. Restricted Fund Balance - amounts that can be spent only for the
specific purposes stipulated by external parties either constitutionally or
through enabling legislation (e.g., grants or debt covenants).
3. Committed Fund Balance - amounts that can be used only for the
specific purposes determined by a formal action of the City Council.
Commitments may be changed or lifted only by referring to the formal
action that imposed the constraint originally.
4. Assigned Fund Balance - amounts intended to be used by the City for
specific purposes. Intent can be expressed by the City Council or by a
designee to whom the governing body delegates the authority. In
governmental funds other than the General Fund, assigned balance
represents the amount that is not restricted or committed. This indicates
that resources in other governmental funds are, at a minimum, intended to
be used for the purpose of that fund (e.g., Impact Funds).
5. Unassigned Fund Balance - includes all amounts not contained in other
classifications and is the residual classification of the General Fund only.
Meeting Date: September 22, 201 1
Resolution 61,2011
Page 3 of 3
The responsibility for designating funds to specific classifications shall be as
follows:
1. Committed Fund Balance - The Council is the City’s highest level of
decision-making authority, and the formal action that is required to be
taken to establish, modify, or rescind a Fund Balance commitment is a
resolution or ordinance, as appropriate and approved by the Council.
2. Assigned Fund Balance - The City Council has authorized the City
Manager as the official authorized to assign Fund Balance to a specific
purpose, as approved by this Fund Balance Policy.
It is the goal of the City to achieve and maintain an Unassigned Fund Balance in the
General Fund at fiscal year end of not less than 17% of expenditures, which represents
approximately two (2) months’ operating expenditures. If the Unassigned Fund Balance
at fiscal year end falls below the goal, the City shall develop a restoration plan to
achieve and maintain the minimum fund balance.
Disbursement of funds from Unassigned Fund Balance in excess of the 17% target shall
be authorized by an ordinance of the City Council and may be approved by inclusion in
the approved annual budget (and amendments thereto). These funds shall be used
only for non-recurring expenditures such as capital, grants, one-time programs, or for
emergency and disaster relief, or as a budget stabilization reserve in the case of
revenue declines, unanticipated expenditures, or unfunded mandates. However, staff
recommends that a budget surplus in a given year may be used to fund operating
expenses in the following year, as more fully explained in Exhibit “A, attached to
Resolution 61, 201 1.
Disbursement of funds from Unassigned Fund Balance below the 17% target is to be
used only for emergency and disaster relief or as a budget stabilization reserve in the
case of revenue declines, unanticipated expenditures, or unfunded mandates. The City
shall develop a restoration plan and attempt to replenish these funds over a period not
to exceed five (5) years.
STAFF RECOMMENDATION:
Staff recommends approval of Resolution 61, 201 1 as presented.
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a
RESOLUTION 61,2011
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
BEACH GARDENS, FLORIDA ESTABLISHING THE FUND
BALANCE POLICY FOR THE GENERAL FUND OF THE CITY OF
PALM BEACH GARDENS; PROVIDING AN EFFECTIVE DATE; AND
FOR OTHER PURPOSES.
WHEREAS, the City desires to establish a Fund Balance Policy for the General
Fund consistent with the Governmental Accounting Standards Board Statement No. 54
Fund Balance Reporting and Governmental Fund Type Definitions; and
WHEREAS, the City Council believes that it is necessary, appropriate, and in the
public interest to commit these fund balance reserve funds in the General Fund; and
WHEREAS, such a policy has been prepared, and a copy is attached hereto;
and
WHEREAS, the City Council deems approval of this Resolution to be in the best
interests of the health, safety, and welfare of the residents and citizens of the City of
Palm Beach Gardens and the public at large.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF PALM BEACH GARDENS, FLORIDA that:
SECTION 1. The foregoing recitals are hereby affirmed and ratified.
SECTION 2. The City Council of the City of Palm Beach Gardens, Florida hereby
adopts the “City of Palm Beach Gardens Fund Balance Policy for the General Fund”,
attached hereto as Exhibit “A, and hereby directs the City Manager to implement said
policy.
SECTION 3. This Resolution shall become effective immediately upon adoption.
Page 1 of 2
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-
Resolution 61, 201 1
PASSED AND ADOPTED this day of ,2011.
CITY OF PALM BEACH GARDENS, FLORIDA
BY:
David Levy, Mayor
ATTEST:
BY:
Patricia Snider, CMC, City Clerk
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
BY:
R. Max Lohman, City Attorney
VOTE:
MAYOR LEVY
VICE MAYOR PREMUROSO
COUNCILMEMBER RUSSO
COUNCILMEMBER JABLIN
COUNCILMEMBER TINSLEY
-- AYE NAY ABSENT
---
---
---
---
G:\attorney-share\RESOLUTIONS\201 l\Resolution 61 201 1 - establishing the fund balance policy for general fund.docx
Page 2 of 2
Resolution 61 201 1
EXHIBIT “A”
CITY OF PALM BEACH GARDENS
FUND BALANCE POLICY
A. Fund Balance Policy
The City hereby establishes and will maintain reservations of Fund Balance, as defined
herein, in accordance with Governmental Accounting and Financial Standards Board
Statement No. 54 Fund Balance Reporting and Governmental Fund Type Definitions.
This policy shall only apply to the City’s General Fund. Fund Balance shall be
composed of nonspendable, restricted, committed, assigned, and unassigned amounts.
Fund Balance information is used to identify the available resources to repay long-term
debt, reduce property taxes, add new governmental programs, expand existing ones, or
enhance the financial position of the City, in accordance with policies established by the
City Council.
B. Definitions
Fund Balance is a measurement of available financial resources and is the difference
between total assets and total liabilities in each fund.
Governmental accounting principles distinguishes Fund Balance classified based on the
relative strength of the constraints that control the purposes for which specified amounts
can be spent. Beginning with the most restrictive constraints, Fund Balance amounts
will be reported in the following categories:
1. Nonspendable Fund Balance - amounts that are not in a spendable form (e.g.,
inventory), or are legally or contractually required to be maintained intact (e.g.,
principal of an endowment fund).
2. Restricted Fund Balance - amounts that can be spent only for the specific
purposes stipulated by external parties either constitutionally or through enabling
legislation (e.g., grants or debt covenants).
3. Committed Fund Balance - amounts that can be used only for the specific
purposes determined by a formal action of the City Council. Commitments may
be changed or lifted only by referring to the formal action that imposed the
constraint originally.
4. Assigned Fund Balance - amounts intended to be used by the City for specific
purposes. Intent can be expressed by the City Council or by a designee to whom
the governing body delegates the authority. In governmental funds other than
the General Fund, assigned balance represents the amount that is not restricted
or committed. This indicates that resources in other governmental funds are, at a
minimum, intended to be used for the purpose of that fund (e.g., Impact Funds).
5. Unassigned Fund Balance - includes all amounts not contained in other
classifications and is the residual classification of the General Fund only.
Unassigned amounts are the portion of Fund Balance which is not obligated or
specifically designated and is available for any purpose.
C. Responsibility
The responsibility for designating funds to specific classifications shall be as follows:
1. Committed Fund Balance - The Council is the City's highest level of decision-
making authority, and the formal action that is required to be taken to establish,
modify, or rescind a Fund Balance commitment is a resolution or ordinance, as
appropriate and approved by the Council.
2. Assigned Fund Balance - The City Council has authorized the City Manager as
the official authorized to assign Fund Balance to a specific purpose as approved
by this Fund Balance Policy.
D. Minimum Unassigned Fund Balance
It is the goal of the City to achieve and maintain an Unassigned Fund Balance in the
General Fund at fiscal year end of not less than 17% of expenditures, which represents
approximately two (2) months' operating expenditures. If the Unassigned Fund Balance
at fiscal year end falls below the goal, the City shall develop a restoration plan to achieve
and maintain the minimum fund balance.
E. Use of Unassigned Fund Balance
Disbursement of funds from Unassigned Fund Balance in excess of the 17% target shall
be authorized by an ordinance of the City Council and may be approved by inclusion in
the approved annual budget (and amendments thereto). These funds shall be used only
for non-recurring expenditures such as capital, grants, one-time programs, or for
emergency and disaster relief, or as a budget stabilization reserve in the case of
revenue declines, unanticipated expenditures, or unfunded mandates. However, should
a projected budget surplus exist in any given year, such surplus may be used to offset
operating expenses in the subsequent year, provided that such usage does not reduce
Unassigned Fund Balance below the 17% target. Such use of Unassigned Fund
Balance shall represent an Assignment of Fund Balance and be at the discretion of the
City Manager when preparing the annual budget, subject to approval of the budget
adoption ordinance by Council. After completion of the annual audit, the projected
budget surplus will be compared to the actual surplus, and appropriate budget
amendments made to adjust the budgeted Unassigned Fund Balance to actual. If the
budgeted use of Unassigned Fund Balance causes the balance to fall below the 17%
target, the Finance Administrator will so advise the City Manager and City Council in
order for the necessary action to be taken to restore the Unassigned Fund Balance to
the target level.
Disbursement of funds from Unassigned Fund Balance below the 17% target is to be
used only for emergency and disaster relief or as a budget stabilization reserve in the
case of revenue declines, unanticipated expenditures, or unfunded mandates. The City
shall develop a restoration plan and attempt to replenish these funds over a period not to
exceed five (5) years.
F. Order of Expenditure of Funds
When multiple categories of Fund Balance are available for expenditure (e.g., a project
is being funded partly by a grant, funds set aside by the Council, and Unassigned Fund
Balance), the City will start with the most restricted category and spend those funds first
before moving down to the next category with available funds.
I.
CITY OF PALM BEACH GARDENS
COUNCIL AGENDA
September 22,2011
7:OO P.M.
Mayor Levy
Vice Mayor Premuroso
Council Member Russo
Council Member Jablin
Council Member Tinsley
PLEDGE OF ALLEGIANCE
IL ROLLCALL
III. ADDITIONS, DELETIONS, MODIFICATIONS:
N ANNOUNCEMENTS / PRESENTATIONS:
V. ITEMS OF RESIDENT INTEREST APJD BOARD/COMMITTEE REPORTS:
VI. CITY MANAGER REPORT
VIL COMMENTS FROM THE PUBLIC (For Items Not on the APenda. DIease submit
reauest form to the Ci Clerk mrior to this Item)
VIII. CONSENTAGENDA
!Staff Report on Paqe 4, Resolution on Pacle 6) RESOLUTION 56, 2011 -
AWARD CONTRACT FOR TowlNG SERVICES. A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA
TOWING, INC., AND MUFF'S OF PALM BEACH, INC. FOR VEHICLE
TOWING SERVICES VIA INVITATION TO BID NO. 2011M)5, AND SETTING
THE MAXIMUM ALLOWABLE TOWNG CHARGES; AUTHORIZING THE
MAYOR TO EXECUTE THE AGREEMENTS; PROVIDING AN EFFECTIVE
DATE; AND FOR OTHER WRPOSES.
APPROVING AGREEMENTS WITH ALL FLORIDA TOWING, ALL-TIME
K. PUBLIC HEARINGS: 4* Desknates h i-Judicii Hearin&
a. PRESENTATION OF THE FISCAL YEAR 201W2011 BUDGET.
b. {Staff Report on Paqe 400, Resolution on Paae 402) RESOLUTION 54,201 1 .
ADOPTING A TAX LEW AND MILLAGE RATE. A RESOLUTION OF THE CIT?
COUNCIL OF THE CllY OF PALM BEACH GARDENS, FLORIDA ADOPTING A
EPTEMBER So, 20.12; DIRECTM THE CfTY CERK TO FORWARD A
ERTIFlED Cow OF THIS RESOLUTION TO THE PROPERTY APPRAISER
LRp/ AND MJAG€ RATE FOR THE CITY OF PALM BEACH GARDENS
THE FISCAL YEAR COMMENCING OCTOBER 1, 2011, AND ENDING
TAX COLLECTOR WllHlN THREE (3) DAYS AFTER ITS ADOPTION;
PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSE8
:aff Report on Page 400, Ordinance on Pane 404) ORDINANCE 18,2011 -
3b READING AND ADOPTION) ADOPTING FISCAL YEAR 2011/2012
tidDGET. AN ORDINANCE OF THE Crry COUNCIL OF THE CITY OF PALM
BEACH GARDENS, FLORIDA ADOPTING THE BUDGET FOR THE CITY OF
PALM BEACH GARDENS FOR THE FISCAL YEAR COMMENCING OCTOBE
1, 2011, AND ENDING SEPTEMBER 30, 2012 PROVIDING A CONFLICT
CLAUSE AND A SRlERABlUTy CLAUSE; WlMNG AN EFFECTIVE DATE;
AND FOROTHER PURPOSES.
J
0 A7
uJ&aff Report on Paae 406, Ordinance on Page 408) -%E 1 I-
(ld READING) AMEND THE CITY'S PARKS AND RECREATION CVYL. AN
ORDNANCE OF THE CWf COUNcll OF THE CITY OF PALM BEACH
GARDENS, FLORIDA REPEALING CHAPTER 46. PARKS AND RECREATION
IN ITS ENTIRETY AND REAOOPTlNG SAME, AS RWISED, IN ORDER TO
AMEND AND CLARIFY THE REGULATIONS THAT GOVERN THE USE OF THE CITY'S PARKS AND RECREATION FACIUTIES; PROVIDING A
CONFLICTS CLAUSE, A SEVERABILSIY CLAUSE, AND AUTHORITY TC
COWFV; PROVIDING AN EFFECTIVE DAW AND FOR OTHER PURPOSES.
l(Staff Report on Paqe 423, Ordinance on Paae 426) ORDINANCE 19,201 -
(Zd READING AND ADOPTION) AMENDING THE CITY'S ADVISORY BOARDS
AND COMMITTEES. AN ORMNANCE OF THE CITY COUNCIL OF THE CITY
OF PALM BEACH GARDENS, FLORIDA AMENDING CHAPTER 2
ADMINISTRATION AT ARTICLE 111. BOARDS AND COMMITTEES
MEEnNGS. IN ORDER TO AMEND MEETING FREQUENCY; FURTHER
IN THEIR ENTIRETY IN ORDER TO ELIMINATE THE ECONOMIC
DEVELOPMENT ADVISORY BOARD AND RESERVING THE SUBJECl
SECTIONS FOR FUTURE LWSLATION; FURTHER AMENDING ARTICLE Ill.
REVISED IN ORDER TO REVISE THE MEMBERSHIP REQUIREMENTS OF
THE PfANNfNG AND ZONfNG BOARD; PROVfDlNG THAT EACH AND EVERY
OTHER SECllON AND SUBSECTION OF CHAPTER 2. ADMINISTRATION
SHALL REMAIN THE SAME AS PRNlOUSLY ADOPTED; PROVIDING A
CONFLICTS CLAUSE, A SRlERABlLrrY CLAUSE, AND AUTHORITY TO
CODIW PROVlDTNG AN EFFECTIVE DATE; AND FOR OTHER PURPOSES.
REPEALING SECTIONS 2-109, 2-119, 2-139, AND 2-149, ALL ENTITLEC
AMENDING ARTICLE 111. BY REPEALING SECTIONS 2-125. THROUGH 2-129
BY REPEALING SUB-S€CTlON 2-148(b) AND READOPTING SAME, AS
X. RESOLUTIONS:
Staff Report on Page 431, Resolution on Page 434) RESOLUT" 61, LU I I .
hND BALANCE POLICY FOR THE GENERAL FUND. A RESOLUTION OF
THE ClTY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA
ESTABLISHING THE FUND BALANCE POLICY FOR THE GENERAL FUND OF
THE CITY OF PALM BEACH GARDENS; PROVIDING AN EFFECTIVE DATE,
Q@ 5.~
XI. ITEMS FOR COUNCIL ACTION/DISCUSSION:
XIL CITY ATTORNEY REPORT
Xm. ADJOURNMENT
PLEASE TA&E NOTICE AND BE ADWSED that if any intaested pmty wishes to appeal
any dacision ma& by the CBy CDVrncilwith respad to any nudter wnskkred at this public
htdng,swekintaegted persons will d a rewd ofthe proceedings and may need to ensure
that a verbatim rccordis ma& inchding the tcsbimorry andcvidcncc upon whkh the appeal is
to be based
In accorhnce with the Americans with Disabilities Act ond &don 28626, FIorida Sta&tes,
in order to pmticipate in this
atnowst RkasecalltheCity
persons with cliisabilitics needing qm5d accommddwns
proceeding are entitled to thepnnision of m.n a&dance
Clerk’s office at 561-799-4122 no b than S clrrps prior to the Mng if this assistance is
required For Mng inrprrirta ass&we, pk caR the moridrr Re@ Service Numbers:
.
800-955-8771 (TDD) 8-9SS-8770 (VOICE).
NOTE:
All presentation materials must be received by
the City Clerk prior to the presentation to the Council.
CITY OF PALM BEACH GARDENS
COUNCIL AGENDA
September 22,2011
7:OO P.M.
Mayor Levy
Vice Mayor Premuroso
Council Member Russo
Council Member Jablin
Council Member Tinsley
I. PLEDGE OF ALLEGIANCE ’
11. ,’ ROLL CALL
111. J ADDITIONS, DELETIONS, MODIFICATIONS:
IV J ANNOUNCEMENTS / PRESENTATIONS:
V. d ITEMS OF RESIDENT INTEREST AND BOARD/COMMITTEE REPORTS:
VI. /CITY MANAGER REPORT:
VII. /COMMENTS FROM THE PUBLIC: (For Items Not on the Agenda, please submit
request form to the City Clerk prior to this Item)
VIII. CONSENT AGENDA:
a. /Staff Report on Pane 4, Resolution on Pane 6) RESOLUTION 56, 2011 -
AWARD CONTRACT FOR TOWING SERVICES. A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA
APPROVING AGREEMENTS WITH ALL FLORIDA TOWING, ALL-TIME
TOWING, INC., AND KAUFF’S OF PALM BEACH, INC. FOR VEHICLE
TOWING SERVICES VIA INVITATION TO BID NO. 2011-005, AND SETTING 5.0
THE MAXIMUM ALLOWABLE TOWING CHARGES; AUTHORIZING THE
MAYOR TO EXECUTE THE AGREEMENTS; PROVIDING AN EFFECTIVE
DATE; AND FOR OTHER PURPOSES.
IX. PUBLIC HEARINGS: (* Desimates Quasi-Judicial Hearing)
a. PRESENTATION OF THE FISCAL YEAR 201 0/2011 BUDGET.
b /Staff Report on Pane 400, Resolution on Parre 402) RESOLUTION 54,201 1 -
ADOPTING A TAX LEVY AND MILLAGE RATE. A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA ADOPTING A
TAX LEVY AND MILLAGE RATE FOR THE CITY OF PALM BEACH GARDENS
FOR THE FISCAL YEAR COMMENCING OCTOBER 1, 2011, AND ENDING
SEPTEMBER 30, 2012; DIRECTING THE CITY CLERK TO FORWARD A
CERTIFIED COPY OF THIS RESOLUTION TO THE PROPERTY APPRAISER
AND TAX COLLECTOR WITHIN THREE (3) DAYS AFTER ITS ADOPTION;
PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES.
’ 4’
C. lstaff Report on Pane 400, Ordinance on Pane 404) ORDINANCE 18,201 1 -
(2ND READING AND ADOPTION) ADOPTING FISCAL YEAR 201 1/2012
BUDGET. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM
BEACH GARDENS, FLORIDA ADOPTING THE BUDGET FOR THE CITY OF
PALM BEACH GARDENS FOR THE FISCAL YEAR COMMENCING OCTOBER
1, 2011, AND ENDING SEPTEMBER 30, 2012; PROVIDING A CONFLICTS
CLAUSE AND A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE;
AND FOR OTHER PURPOSES.
d
;. U
jStaff Report on Pane 406, Ordinance on Pane 408) ORDINANCE 12, 201 1 -
(1" READING) AMEND THE CITY'S PARKS AND RECREATION CODE. AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH
GARDENS, FLORIDA REPEALING CHAPTER 46. PARKS AND RECREATION
IN ITS ENTIRETY AND READOPTING SAME, AS REVISED, IN ORDER TO
AMEND AND CLARIFY THE REGULATIONS THAT GOVERN THE USE OF
THE CITY'S PARKS AND RECREATION FACILITIES; PROVIDING A
CONFLICTS CLAUSE, A SEVERABILITY CLAUSE, AND AUTHORITY TO
CODIFY; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES.
e.
5 -0
/Staff Report on Pane 423, Ordinance on Pane 426) ORDINANCE 19,201 1 -
(2nd READING AND ADOPTION) AMENDING THE CITY'S ADVISORY BOARDS
AND COMMITTEES. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF PALM BEACH GARDENS, FLORIDA AMENDING CHAPTER 2.
ADMINISTRATION AT ARTICLE Ill. BOARDS AND COMMITTEES;
MEETINGS. IN ORDER TO AMEND MEETING FREQUENCY; FURTHER
IN THEIR ENTIRETY IN ORDER TO ELIMINATE THE ECONOMIC
DEVELOPMENT ADVISORY BOARD AND RESERVING THE SUBJECT
SECTIONS FOR FUTURE LEGISLATION; FURTHER AMENDING ARTICLE Ill.
REVISED IN ORDER TO REVISE THE MEMBERSHIP REQUIREMENTS OF
THE PLANNING AND ZONING BOARD; PROVIDING THAT EACH AND EVERY
OTHER SECTION AND SUBSECTION OF CHAPTER 2. ADMINISTRATION
SHALL REMAIN THE SAME AS PREVIOUSLY ADOPTED; PROVIDING A
CONFLICTS CLAUSE, A SEVERABILITY CLAUSE, AND AUTHORITY TO
CODIFY; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES.
REPEALING SECTIONS 2-109, 2-1 19, 2-139, AND 2-149, ALL ENTITLED
AMENDING ARTICLE Ill. BY REPEALING SECTIONS 2-125. THROUGH 2-129.
BY REPEALING SUB-SECTION 2-148(b) AND READOPTING SAME, AS
X. ' RESOLUTIONS:
a. /Staff Report on Pane 431, Resolution on Pane 434) RESOLUTION 61,201 1 -
FUND BALANCE POLICY FOR THE GENERAL FUND. A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA
ESTABLISHING THE FUND BALANCE POLICY FOR THE GENERAL FUND OF
THE CITY OF PALM BEACH GARDENS; PROVIDING AN EFFECTIVE DATE;
AND FOR OTHER PURPOSES.
$4
XI. 1 ITEMS FOR COUNCIL ACTION/DISCUSSION:
XII. CITY ATTORNEY REPORT:
XIII. ADJOURNMENT
PLEASE TAKE NOTICE AND BE ADVISED that if any interested party wishes to appeal
any decision made by the City Council with respect to any matter considered at this public
hearing, such interestedpersons will need a record of the proceedings and may need to ensure
that a verbatim record is made, including the testimony and evidence upon which the appeal is
to be based.
In accordance with the Americans with Disabilities Act and Section 286.26, Florida Statutes,
persons with disabilities needing special accommodations in order to participate in this
proceeding are entitled to the provision of certain assistance at no cost. Please call the City
Clerk’s Office at 561-799-4122 no later than 5 days prior to the hearing if this assistance is
required. For hearing impaired assistance, please call the Florida Relay Service Numbers:
800-955-8771 (TDD) or 800-955-8770 (VOICE).
NOTE:
All presentation materials must be received by
the City Clerk prior to the presentation to the Council.
Comments From The Public Request to Address City Council Please Print Name: Address: City: Members of the public may address the City Council during the “Comments by the Public” Portion of the agenda and during ”Public Hearings”. This Request to Address the City Council must be delivered to the City Clerk prior to the commencement of the meeting. The time limit for each speaker is limited to three (3) minutes.
Comments From The Public Request to Address City Council Please Print Members of the public may address the City Council during the “Comments by the Public’’ Portion of the agenda and during ”Public Hearings”. This Request to Address the City Council must be delivered to the City Clerk prior to the commencement of the meeting. The time limit for each speaker is limited to three (3) minutes.
CITY COUNCIL MEETING 09/22/11
PROPOSED ADDITIONS, DELETIONS AND MODIFICATIONS
ADDITIONS:
DELETIONS:
MODIFICATIONS:
Under Consent:
New Item B.
Proclamation - Pancreatic Cancer
Awareness Month
NONE
NONE
PROCLAMATION
STATE OF FLORIDA
CITY OF PALM BEACH GARDENS
WHEREAS in 2011, an estimated 44,030 people will be diagnosed with pancreatic cancer in the
United States and 37,660 will die from the disease; and
WHEREAS pancreatic cancer is one of the deadliest cancers and is the fourth leading cause of
cancer death in the United States; and
WHEREAS when symptoms of pancreatic cancer present themselves, it is usually too late for an
optimistic prognosis, and 75 percent of pancreatic cancer patients die within the first year of their
diagnosis while 94 percent of pancreatic cancer patients die within the first five years; and
WHEREAS incidence of pancreatic cancer is approximately 50 percent higher in African
Americans than in other ethnic groups; and
WHEREAS approximately 2610 deaths occurred in the State ofFlorida; and
WHEREAS there is no cure for pancreatic cancer and there have been no significant
improvements in survival rates in the last 40 years; and
WHEREAS the Federal Government invests significantly less money in pancreatic cancer
research than it does in any of the othel-leading cancer killers; and pancreatic cancer research
constitutes only 2 percent of the National Cancer Institute's federal research funding, a figure far
too low given the severity of the disease, its mortality rate, and how little is known about how to
arrest it; and
WHEREAS the Pancreatic Cancer Action Network is the first and only national patient advocacy
organization that serves the pancreatic cancer community in Palm Beach County and nationwide
by focusing its efforts on public policy, research funding, patient services, and public awareness
and education related to developing effective treatments and a cure for pancreatic cancer;
WHEREAS the Pancreatic Cancer Action Network and its affiliates in Broward & Palm Beach
Counties support those patients currently battling pancreatic cancer, as well as to those who have
lost their lives to the disease, and are committed to nothing less than a cure; and
WHEREAS the good health and well-being of the residents of Palm Beach Gardens are
enhanced as a direct result of increased awareness about pancreatic cancer and research into
early detection, causes, and effective treatments.
NOW, THEREFORE, I David Levy, by virtue of the authority vested in me as Mayor
of the City of Palm Beach Gardens, Florida. do hereby proclaim November 2011 as:
Pancreatic Cancer Awareness Month
IN WITNESS WHEREOF, I have hereunto set my hand and caused
the Seal of the City of Palm Beach Gardens, Florida, to be affixed on
this 2zui day of September in the Year Two Thousand and Eleven.
~~~