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

2. 2 Agenda BackgroundBackground Current Maximum RatesCurrent Maximum Rates Recommended Towing RatesRecommended Towing Rates Immobilization of VehiclesImmobilization of Vehicles Other Ordinance ProvisionsOther Ordinance Provisions

3. 3 Agenda BackgroundBackground Current Maximum RatesCurrent Maximum Rates Recommended Towing RatesRecommended Towing Rates Immobilization of VehiclesImmobilization of Vehicles Other Ordinance ProvisionsOther Ordinance Provisions

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

5. 5 Types of Towing Trespass towingTrespass towing –Removal from private property without consent of the vehicle owner Requires prior notice to Sheriff’s OfficeRequires prior notice to Sheriff’s Office Requires written agreement between towing company and private property ownerRequires written agreement between towing company and 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 scene –Removal of abandoned vehicle

6. 6 Agenda BackgroundBackground Current Maximum RatesCurrent Maximum Rates Recommended Towing RatesRecommended Towing Rates Immobilization of VehiclesImmobilization of Vehicles Other Ordinance ProvisionsOther Ordinance Provisions

7. 7 Current Maximum Rates Trespass and Nonconsensual TowingTrespass and Nonconsensual Towing –Class A: 10K lbs. or less: Flat rate: $110Flat rate: $110 Per mile over 10 miles: $3Per mile over 10 miles: $3 Per quarter hour over 30 minutes @ the scene: $15Per quarter hour over 30 minutes @ the scene: $15 Storage per day: $20Storage per day: $20 Administrative Fee (after 48 hours): $35 (for all classes)Administrative Fee (after 48 hours): $35 (for all classes) – Class B: 10K-19.5K lbs.: Flat rate: $200Flat 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

8. 8 Current Maximum Rates Trespass and Nonconsensual TowingTrespass and Nonconsensual Towing –Class C: 19.5K-25K lbs. Flat rate: $300Flat 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. Flat rate: $400Flat 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

9. 9 Agenda BackgroundBackground Current Maximum RatesCurrent Maximum Rates Recommended Towing RatesRecommended Towing Rates Immobilization of VehiclesImmobilization of Vehicles Other Ordinance ProvisionsOther Ordinance Provisions

10. 10 Towing Rates The Following Changes to the Towing Rates are Recommended for Both Trespass and Nonconsensual Towing: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

11. 11 Agenda BackgroundBackground Current Maximum RatesCurrent Maximum Rates Recommended Towing RatesRecommended Towing Rates Immobilization of VehiclesImmobilization of Vehicles Other Ordinance ProvisionsOther Ordinance Provisions

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

13. 13 Immobilization Revised Ordinance Prohibits Immobilization in Unincorporated Orange County Unless Otherwise Permitted by LawRevised Ordinance Prohibits Immobilization in Unincorporated Orange County Unless Otherwise Permitted by Law Some Examples Where Immobilization is Permitted: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 InstancesRevised Ordinance Allows a Maximum Fee of $22 for Immobilization in All Instances

14. 14 Agenda BackgroundBackground Current Maximum RatesCurrent Maximum Rates Recommended Towing RatesRecommended Towing Rates Immobilization of VehiclesImmobilization of Vehicles Other Ordinance ProvisionsOther Ordinance Provisions

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

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

17. 17 Questions and Discussion

18. 18 Changes to Rates Since 1998 Rate Increase Approved in October 2001 for Both Trespass and Nonconsensual TowingRate 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 ApprovalRequest for Rate Increase from Towing Industry in 2005 Was Not Submitted to Board for Approval

19. 19 Research and Analysis Towing Operational CostsTowing Operational Costs Various IndicesVarious Indices –CPI –Fuel Index –Labor Indices Rates at Other CountiesRates at Other Counties

20. 20 What Are the Costs to Tow a Vehicle? DriversDrivers Administrative CostsAdministrative Costs –Wreckers –Fuel –Business Operations, Overhead and Equipment –Staff Salaries and Benefits ProfitProfit

21. 21 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, Over- head, Insurance Amount Varies *Source: Professional Wrecker Operators of Florida, Inc.

22. 22 Administrative 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

23. 23 Indices Considered in Researching the Towing Fees Consumer Price indexConsumer Price index –Overall –Transportation Fuel IndexFuel Index Producer Price index: LaborProducer Price index: Labor

24. 24 Consumer Price Index Consumer Price Index Source: Bureau of Labor Statistics YearCPI Increase 2001Base Year 20021.3% 20032.3% 20042.5% 20053.6% 20063.4% 20072.9% 20084.2% (partial year) Total22% (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.

25. 25 Diesel Fuel Prices for County ($ per Gallon)* Diesel fuel prices have increased by 393% since 2002 Fuel Type May 2002 May 2003 May 2004 May 2005 May 2006 May 2007 May 2008 NOW Diesel1.051.371.421.892.522.494.134.35 Note: Prices do not include the $.25 Federal Highway Tax *Source: Orange County Purchasing Records

26. 26 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

27. 27 Comparison Including Mileage Charges Typical Five (5) Mile Tow Class A Vehicle Orange$110 Polk$120 Lake$140 Hillsborough$130 Pinellas$115 Palm Beach $141 - $210