§ 30-473. Nonconsent towing without prior consent of vehicle owner or duly authorized driver of vehicle.

In addition to the other requirements of this article, no nonconsent tower shall recover, tow or remove a vehicle or provide storage in connection therewith without the prior express instruction of the vehicle owner or authorized driver, except in accordance with the following:

(a)

Only persons duly licensed under this article shall recover, tow or remove a vehicle or provide storage in connection therewith without the prior express instruction of the vehicle owner or authorized driver.

(b)

Persons duly licensed under this article may recover, tow or remove a vehicle without the prior express instruction of the vehicle owner or authorized driver upon the express instruction of a police officer and in accordance with the terms of any contracts or agreements between the licensee and the governmental entity in whose jurisdiction the police officer serves. Such contracts or agreements may provide terms and requirements in excess of the requirements provided by this article.

(c)

Persons duly licensed under this article may recover, tow or remove a vehicle without the prior express instruction of the vehicle owner or authorized driver, upon the express instruction of a property owner, or his authorized agent, on whose property the vehicle is disabled, abandoned or parked without authorization or whose operator is unwilling or unable to remove the vehicle, provided that the requirements of Sections 30-474, 30-475 and 30-476 are satisfied.

(d)

Persons who provide services pursuant to this section shall not pay or rebate money, or solicit or offer the rebate of money, or other valuable consideration, to obtain the privilege of rendering such services.

(e)

Persons who provide services pursuant to this section shall not do so when there is a living natural person occupying the vehicle.

(f)

Persons who provide services pursuant to this section shall transport the vehicle directly to the storage site of the person providing the service, or to such other location as a police officer authorizing the tow may expressly direct, and shall not keep the vehicle in any temporary holding area.

(g)

Persons who provide services pursuant to this section shall maintain a place of business. The place of business shall have a sign that clearly and conspicuously identifies the business to the public; and office space that has at least one (1) person on duty from 8:00 a.m. until 6:00 p.m., Monday through Friday, to answer telephone calls and to be open to serve the public. However, the office may be closed to observe all holidays observed by Miami-Dade County government. The place of business shall maintain a telephone communication system to answer telephone calls from the public twenty-four (24) hours a day.

(h)

Persons who provide services pursuant to this section shall file and keep on record with the CSD a complete copy of all current rates charged for the recovery, towing or removal of vehicles and storage provided in connection therewith. Such persons shall also display prominently at each vehicle storage site a schedule of all charges and rates for removal of vehicles at the request of property owners. That rate schedule shall be posted prominently in the area designated for the vehicle owner or his agent to transact business. Such area shall provide shelter, safety and lighting adequate for the vehicle owner or his or her authorized representative to read the posted rate schedule. Further, notice shall be posted advising the vehicle owner or his or her authorized representative of the right to request and review a complete schedule of charges and rates for towing services provided at police request for the jurisdiction in which the police order to tow was made.

(i)

Persons who provide services pursuant to this section shall advise any vehicle owner or authorized representative who calls by telephone prior to arriving at the storage site of the following:

(1)

Each and every document or other thing which must be produced to retrieve the vehicle;

(2)

The exact charges as of the times of the telephone call, and the rate at which charges accumulate after the call;

(3)

The acceptable methods of payment; and

(4)

The hours and days the storage site is open for regular business.

(j)

Persons who provide services pursuant to this section shall permit every vehicle owner or his or her authorized representative to inspect the towed vehicle immediately upon his or her arrival at the storage site and before payment of any charges. The vehicle owner or his or her authorized representative shall be permitted to remove from the vehicle any and all personal possessions inside but not affixed to the vehicle, including but not limited to radios and telephones, and the operator of the storage site shall assist any vehicle owner or authorized representative in doing so. No release or waiver of any kind which would release the authorized representative at the time of retrieval may be required as a condition of release of the vehicle.

(k)

Persons who provide services pursuant to this section shall accept payment for charges from the vehicle owner or authorized representative in any of at least two (2) of the following listed categories:

(1)

Cash, money order or valid traveler's check;

(2)

Valid bank credit card; or

(3)

Valid personal check showing on its face the name and address of the vehicle owner or authorized representative.

A vehicle owner or authorized representative shall not be required to furnish more than one (1) form of picture identification when payment is made by valid bank credit card or personal check, and said presentation shall constitute sufficient identity verification.

(l)

Persons who provide services pursuant to this section shall display on the same sign as the rate schedule required by subsection (h) of this section the following statement:

To The Vehicle Owner

If you believe that you have been overcharged for the services rendered, you do not have to pay your bill to get your car. Instead, you have the right to post a bond in the Circuit Court, payable to (name of person providing service), in the amount of the final bill for services rendered, and file a complaint within five (5) days of the time you have knowledge of the location of the vehicle, and the Court will decide later who is right. If you show us a valid Clerk's certificate showing that you have posted a bond, we must release your vehicle to you immediately. This remedy is in addition to other legal remedies you may have. F.S. §§ 713.76, 713.78.

If you have a complaint about the way services were provided, you may call the Miami-Dade County Consumer Services Department.

(m)

Persons who provide services pursuant to this section shall not use physical force or violence or threats of physical force or violence in dealing with the individuals responsible for administering this article or individuals who have had or are about to have their vehicles recovered, towed or removed or stored in connection therewith.

(n)

Nothing in this section shall prevent the County or any jurisdiction in it from providing additional or more restrictive requirements in contracts or arrangements under which police officers direct and authorize the recovery, towing or removal of vehicles or storage provided in connection therewith.

(Ord. No. 89-67, § 1, 7-11-89; Ord. No. 90-29, § 1, 4-3-90; Ord. No. 93-130, § 1, 11-16-93; Ord. No. 03-176, § 1, 7-22-03)