§ 12-323. Towing/immobilizing vehicles parked on private property.

(1)

Any person involved in the removal of any vehicle from private property without the consent of the registered owner or other legally authorized person in control of that vehicle shall comply with the provisions of Section 715.07, Florida Statutes (2006), and the applicable provisions of this article.

(2)

In addition to the requirements set forth in Section 715.07, Florida Statutes, any person involved in the removal or immobilization of any vehicle from or on private property without the consent of the registered owner or other legally authorized person in control of that vehicle shall have in their possession written authorization from the owner or lessee of the property, or any person authorized by the owner or lessee, authorizing them to remove or immobilize the vehicle. The written authorization shall contain a description of the vehicle to be towed or immobilized. In lieu of the aforementioned written authorization, the owner or lessee of the property, or any person authorized by the owner or lessee, may enter into a written contract with a person, authorizing the removal or immobilization of unauthorized or unlawfully parked vehicles from or on their property; however, the written contract must specify when and under what circumstances the person or firm is authorized to remove or immobilize a vehicle from the property. A copy of the written contract must be filed with the sheriff's office.

(3)

If the registered owner or other legally authorized person in control of the vehicle arrives at the scene prior to removal, towing, or immobilization of the vehicle and the vehicle is attached and towable, or immobilized, the vehicle shall be disconnected from the towing or removal apparatus, or immobilization device, and that person shall be allowed to remove the vehicle without interference upon the payment of a reasonable service fee of not more than one-half of the posted rate for such towing service or immobilization service as provided for in this article, for which a receipt shall be given, unless that person refuses to remove the vehicle which is otherwise unlawfully parked.

(4)

Immobilization or towing services shall provide a written bill at the request of the owner or operator of a vehicle detailing the charges to date.

(5)

Immobilization or towing services shall provide, at the time of payment, a written receipt for all charges imposed and received from the owner or operator of a vehicle resulting from the towing of a vehicle. Said receipt shall include at a minimum:

(a)

The date, time, and location of the immobilization or tow; and

(b)

The total charges listed individually and specifically; and

(c)

The date and time of payment of the charges.

(6)

The immobilization or towing service shall prepare and maintain a data sheet which shall include, but not be limited to, the following information:

(a)

The name of the immobilization or towing service and person providing the service;

(b)

The location from which the vehicle was towed regarding towing services;

(c)

Date and time the immobilization or tow was initiated;

(d)

The destination to which the vehicle was taken regarding towing services;

(e)

The description of the vehicle including make, model, year, color, vehicle identification number, and license plate number;

(f)

The time and date the municipal police department or the Okaloosa County Sheriff's Office was contacted by the towing service, and the case number assigned regarding towing services;

(g)

The description of the services rendered, including an itemized list of all charges; and

(h)

The date and time the vehicle was returned to the owner and the identity of that owner regarding towing services.

(7)

All immobilization and towing services shall keep all such data sheets on file for a period of three years and shall make them available to any law or code enforcement officer or designee assigned to investigate the complaints and enforcement during normal business hours.

(8)

No towing service shall tow a vehicle when there is a person occupying the vehicle.

(9)

Immobilization services shall not immobilize a vehicle owned by another person which is parked on private property without permission or authority of the owner or duly authorized driver of that vehicle, unless the following requirements are satisfied:

(a)

The vehicle is unlawfully parked and notice shall be prominently posted on the property on which the vehicle is immobilized meeting the requirements of Section 715.07 (5)(a), (b), (c), and (d), Florida Statutes, substituting the designation "immobilization zone" for "tow away zone", or both.

(b)

The vehicle is not occupied by a living natural person or animal.

(c)

Immobilization shall be accomplished by placing a steel boot on the front wheel of the driver's side of the motor vehicle. The steel boot may be placed on any other wheel if placement on the front wheel on the driver's side is not feasible. In no instance shall more than one boot or mechanical device be placed on the vehicle.

(d)

Immediately after a vehicle is booted, the person booting such vehicle, the owner of the property where such vehicle was booted, or an employee or agent of such person or owner, shall affix at the rearmost portion of the window adjacent to the driver's seat of such vehicle, a sticker with a completely removable adhesive, measuring eight and one-half by 11 inches, containing a warning that any attempt to move the vehicle may result in damage to the vehicle, and stating the name and business address of the person who booted such vehicle as well as a business telephone number which will facilitate the dispatch of personnel responsible for removing the boot.

(e)

Any person who has booted a vehicle shall release such vehicle as soon as practical, but not to exceed 30 minutes of receiving a request for such vehicle's release; provided, however, that payment of any charge for booting is made at or prior to the time of such vehicle's release.

(10)

No immobilization or towing service shall pay or rebate money, or solicit or offer the payment or rebate of money or other valuable consideration, to property owners for the right to engage in immobilization or towing from any property.

(Ord. No. 06-89, § 3, 12-5-06)