County Commission Meeting Orange County Towing Ordinance June

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

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

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

Max. Rates per 1998 Ordinance • Trespass and Nonconsensual Towing – Class A: 10 K lbs. or less: • • • Flat rate: $100 Per mile over 10 miles: $3 Per quarter hour over 30 minutes @ the scene: $15 Storage per day: $20 Administrative Fee (after 48 hours): $35 (for all classes) – Class B: 10 K-19. 5 K lbs. : • • Flat rate: $200 Per mile over 10 miles: $4 Per quarter hour over 30 minutes @ the scene: $15 Storage per day: $30 4

Max. Rates per 1998 Ordinance • Trespass and Nonconsensual Towing – Class C: 19. 5 K-25 K lbs. • • Flat rate: $300 Per mile over 10 miles: $5 Per quarter hour over 30 minutes @ the scene: $75 Storage per day: $60 – Class D: Over 25 K lbs. • • Flat rate: $400 Per mile over 10 miles: $6 Per quarter hour over 30 minutes @ the scene: $100 Storage per day: $60 • Does Not Address Immobilization (ex. , Booting) • Rates May Be Changed Via Board-approved Resolution • The County Derives No Revenue from Towing Charges 5

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

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

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

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

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

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

Wrecker Service Costs* Cost of a New Truck for Class A Towing $70, 000 - $80, 000 Cost of a New Truck for Class B Towing $100, 000 - $125, 000 Cost of a New Truck for Class C & D Towing $450, 000 - $500, 000 Life Span of a New Truck 5 - 7 years Mileage per Gallon of Gas 7 - 10 mpg Annual Vehicle Maintenance (Excluding Fuel) $10, 000 - $15, 000 Driver Salary Ranges $25, 000 - $40, 000 Benefits: Life & Health Ins. / Workers’ Comp Amount Varies Other Staff: (Owners / Partners, Managers, Supervisors, Dispatchers, Receptionist, Lot Personnel, Clerical, Mechanics) Amount Varies Business/Garage: Mortgage, Taxes, Overhead, Insurance Amount Varies *Source: Professional Wrecker Operators of Florida, Inc. 12

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

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

Consumer Price Index Source: 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 = 15 $134. 20. A 22% increase from the current administrative fee = $43.

Diesel Fuel Prices for County ($ per Gallon)* Fuel May May NO Type 200 2004 200 2008 W 2 3 5 6 7 Diesel 1. 05 1. 37 do not 1. 42 1. 89 2. 52 2. 49 4. 13 Note: Prices include the $. 25 Federal Highway Tax 4. 35 Diesel fuel prices have increased by 393% since 2002 *Source: Orange County Purchasing Records 16

Towing Rates at Other Agencies: Class A (Car) Towing* Entity Max. Flat Rate Mileage Storage + 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 17

Comparison Including Mileage Charges Typical Five (5) Mile Tow Class A Vehicle Orange Polk Lake $110 $120 $140 Hillsborough Pinellas Palm Beach $130 $115 $141 - $210 18

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

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

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

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

Immobilization Recommendation • • Prohibit Immobilization in Unincorporated Orange County Unless Otherwise Permitted by Law Examples: – – – • F. S. 316. 191 allows immobilization by court order for persons involved in drag racing F. S. 316. 193 allows for immobilization by order of the court for DUI convictions F. S. 320. 02 allows for the immobilization of certain unregistered vehicles by the DMV F. S. 322. 34 allows law enforcement to immobilize a vehicle if driving while license suspended, revoked, cancelled, or disqualified F. S. 327. 25 allows for boating vessels to be immobilized for boating under the influence. Allow a maximum fee of $22 for immobilization in the above instances 23

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