Orange County Towing Ordinance Warren Geltch Assistant County

Orange County Towing Ordinance Warren Geltch Assistant County Administrator August 19, 2008 1

Agenda • • • Background Current Maximum Rates Recommended Towing Rates Immobilization of Vehicles Other Ordinance Provisions 2

Agenda • • • Background Current Maximum Rates Recommended Towing Rates Immobilization of Vehicles Other Ordinance Provisions 3

Background • BCC Adopted the Current Towing Ordinance in November 1998 • Some Rates were Adjusted in 2001 • Ordinance was Discussed with the Board on June 24, 2008 4

Types of Towing • 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 5

Agenda • • • Background Current Maximum Rates Recommended Towing Rates Immobilization of Vehicles Other Ordinance Provisions 6

Current Maximum Rates • Trespass and Nonconsensual Towing – Class A: 10 K lbs. or less: • • • Flat rate: $110 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 7

Current Maximum Rates • 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 8

Agenda • • • Background Current Maximum Rates Recommended Towing Rates Immobilization of Vehicles Other Ordinance Provisions 9

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 10

Agenda • • • Background Current Maximum Rates Recommended Towing Rates Immobilization of Vehicles Other Ordinance Provisions 11

Immobilization of Vehicles • “Immobilization” Definition – Rendering a vehicle incapable of moving – Use of: “the Club”, “boot”, or other mechanical device • Current Ordinance Does Not Address Immobilization 12

Immobilization • • Revised Ordinance Prohibits Immobilization in Unincorporated Orange County Unless Otherwise Permitted by Law Some Examples Where Immobilization is Permitted: – – – • F. S. 316. 191 by court order for persons involved in drag racing F. S. 316. 193 by court order for DUI convictions F. S. 320. 02 certain unregistered vehicles by the DMV F. S. 322. 34 by law enforcement if driving while license suspended, revoked, cancelled, or disqualified F. S. 327. 25 boating vessels for boating under the influence. Revised Ordinance Allows a Maximum Fee of $22 for Immobilization in All Instances 13

Agenda • • • Background Current Maximum Rates Recommended Towing Rates Immobilization of Vehicles Other Ordinance Provisions 14

Other Ordinance Provisions • No Towing (or Immobilization): – – – Occupied vehicle Emergency or law enforcement vehicle Delivery vehicle (while delivering) • No Solicitation or Rebates from Private Property Owners • Complaint Process – Consumer Fraud Unit – Code Enforcement Division • Enforcement Provisions 15

Staff Recommendation Request Board Approve the Revised Towing Ordinance as Submitted 16

Questions and Discussion 17

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 18

Research and Analysis • Towing Operational Costs • Various Indices – CPI – Fuel Index – Labor Indices • Rates at Other Counties 19

What Are the Costs to Tow a Vehicle? • Drivers • Administrative Costs – Wreckers – Fuel – Business Operations, Overhead and Equipment – Staff Salaries and Benefits • Profit 20

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. 21

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 22

Indices Considered in Researching the Towing Fees • Consumer Price index – Overall – Transportation • Fuel Index • Producer Price index: Labor 23

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 = 24 $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 25

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 26

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 27