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County Commission Meeting:County Commission Meeting:Orange County Towing OrdinanceOrange County Towing Ordinance

June 24, 2008

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AgendaAgenda

• BackgroundBackground

• Towing Industry RequestTowing Industry Request

• Research and AnalysisResearch and Analysis

• Recommended Towing RatesRecommended Towing Rates

• Immobilization of VehiclesImmobilization of Vehicles

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BackgroundBackground

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

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

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

and private property ownerand private property owner• Maximum rates for specific size (class) of vehicle towedMaximum rates for specific size (class) of vehicle towed

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

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Max. Rates per 1998 OrdinanceMax. Rates per 1998 Ordinance

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

• Flat rate:$100 Flat rate:$100 • Per mile over 10 miles: $3Per mile over 10 miles: $3• Per quarter hour over 30 minutes @ the scene: $15Per quarter hour over 30 minutes @ the scene: $15• Storage per day: $20Storage per day: $20• Administrative Fee (after 48 hours): $35 (for all classes) Administrative Fee (after 48 hours): $35 (for all classes)

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

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Max. Rates per 1998 OrdinanceMax. Rates per 1998 Ordinance

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

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

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

• Does Not Address Immobilization (ex., Booting)Does Not Address Immobilization (ex., Booting)• Rates May Be Changed Via Board-approved Rates May Be Changed Via Board-approved

ResolutionResolution• The County Derives No Revenue from Towing The County Derives No Revenue from Towing

ChargesCharges

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Changes to Rates Since 1998Changes to Rates Since 1998

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

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

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

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

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AgendaAgenda

• BackgroundBackground

• Towing Industry RequestTowing Industry Request

• Research and AnalysisResearch and Analysis

• Recommended Towing RatesRecommended Towing Rates

• Immobilization of VehiclesImmobilization of Vehicles

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Towing Industry (PWOF) RequestTowing Industry (PWOF) RequestMay 27, 2008May 27, 2008

• Increase Class A Towing Rate from a Increase Class A Towing Rate from a Maximum $110 to $125 per TowMaximum $110 to $125 per Tow

• Revise the Towing Ordinance to Revise the Towing Ordinance to Increase the Maximum for Class B, C, Increase the Maximum for Class B, C, and D Towing by Multiples of Class A and D Towing by Multiples of Class A TowingTowing

• Increase the Administrative Fee to $75Increase the Administrative Fee to $75

• Address “Immobilization” of VehiclesAddress “Immobilization” of Vehicles

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AgendaAgenda

• BackgroundBackground

• Towing Industry RequestTowing Industry Request

• Research and AnalysisResearch and Analysis

• Recommended Towing RatesRecommended Towing Rates

• Immobilization of VehiclesImmobilization of Vehicles

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Research and AnalysisResearch and Analysis

• Towing Operational CostsTowing Operational Costs

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

• Rates at Other CountiesRates at Other Counties

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

• DriversDrivers

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

EquipmentEquipment– Staff Salaries and BenefitsStaff Salaries and Benefits

• ProfitProfit

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

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

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

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

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

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

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

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

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

Amount VariesAmount Varies

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

Amount VariesAmount Varies

*Source: Professional Wrecker Operators of Florida, Inc.

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

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

• Consumer Price indexConsumer Price index– OverallOverall– TransportationTransportation

• Fuel IndexFuel Index

• Producer Price index: LaborProducer Price index: Labor

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Consumer Price IndexConsumer Price IndexSource: Bureau of Labor Statistics

Year CPI Increase

2001 Base Year

2002 1.3%

2003 2.3%

2004 2.5%

2005 3.6%

2006 3.4%

2007 2.9%

2008 4.2% (partial year)

Total 22% (compounded)

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

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Diesel Fuel Prices for CountyDiesel Fuel Prices for County

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

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

Fuel Fuel TypeType

May May 20022002

May May 20032003

May May 20042004

May May 20052005

May May 20062006

May May 20072007

May May 20082008

NOWNOW

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

*Source: Orange County Purchasing Records

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

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

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

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

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

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

Volusia $100 $3 after 10 $20 + NS

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

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

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

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

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

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

*Source: Survey of Other Agencies

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Comparison Including Mileage Comparison Including Mileage ChargesCharges

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

OrangeOrange $110$110

PolkPolk $120$120

LakeLake $140$140

HillsboroughHillsborough $130$130

PinellasPinellas $115$115

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

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AgendaAgenda

• BackgroundBackground

• Towing Industry RequestTowing Industry Request

• Research and AnalysisResearch and Analysis

• Recommended Towing RatesRecommended Towing Rates

• Immobilization of VehiclesImmobilization of Vehicles

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Recommended Towing RatesRecommended Towing Rates

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

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

rates by CPI and fuel index to multiples of rates by CPI and fuel index to multiples of 2, 3, and 4 respectively2, 3, and 4 respectively

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

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AgendaAgenda

• BackgroundBackground

• Towing Industry RequestTowing Industry Request

• Research and AnalysisResearch and Analysis

• Recommended Towing RatesRecommended Towing Rates

• Immobilization of VehiclesImmobilization of Vehicles

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Immobilization of VehiclesImmobilization of Vehicles

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

mechanical devicemechanical device

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Immobilization RecommendationImmobilization Recommendation

• Prohibit Immobilization in Unincorporated Orange Prohibit Immobilization in Unincorporated Orange County Unless Otherwise Permitted by LawCounty Unless Otherwise Permitted by Law

• Examples:Examples:– F.S. 316.191 allows immobilization by court order for F.S. 316.191 allows immobilization by court order for

persons involved in drag racing persons involved in drag racing – F.S. 316.193 allows for immobilization by order of the F.S. 316.193 allows for immobilization by order of the

court for DUI convictions court for DUI convictions – F.S. 320.02 allows for the immobilization of certain F.S. 320.02 allows for the immobilization of certain

unregistered vehicles by the DMVunregistered vehicles by the DMV– F.S. 322.34 allows law enforcement to immobilize a F.S. 322.34 allows law enforcement to immobilize a

vehicle if driving while license suspended, revoked, vehicle if driving while license suspended, revoked, cancelled, or disqualifiedcancelled, or disqualified

– F.S. 327.25 allows for boating vessels to be immobilized F.S. 327.25 allows for boating vessels to be immobilized for boating under the influence.for boating under the influence.

• Allow a maximum fee of $22 for immobilization in Allow a maximum fee of $22 for immobilization in the above instancesthe above instances

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Staff RecommendationStaff Recommendation

• Request Board Direct Staff to Prepare Request Board Direct Staff to Prepare Revisions to the Current Towing Ordinance Revisions to the Current Towing Ordinance to Include New Maximum Rates and Prohibit to Include New Maximum Rates and Prohibit Immobilization of Vehicles Unless Otherwise Immobilization of Vehicles Unless Otherwise Authorized by LawAuthorized by Law

• Bring Ordinance Revisions to the Board for Bring Ordinance Revisions to the Board for Approval in Accordance with Procedures Approval in Accordance with Procedures Governing Adoption of Ordinance RevisionsGoverning Adoption of Ordinance Revisions