Palm Beach County Ordinances For Towing Cars from Private Property

Palm Beach County Ordinances For Towing Cars from Private Property

In a previous article, we discussed the legal requirements under Florida law in which a car can be lawfully towed without the consent of the car’s owner. The article focused on Fla. Stat. § 715.07, which applies throughout the state of Florida.

However, individual counties in Florida have also enacted their own local ordinances, which place additional restrictions on non-consensual tows in those counties. This article focuses on local tow ordinances, which apply in Palm Beach County and known collectively as the “Tow Truck Ordinance of Palm Beach County, Florida.” Palm Beach County Ordinances § 19-181.

The Tow Truck Ordinance of Palm Beach County, Florida (the “TTOPBC”) and Fla. Stat. § 715.07, “shall be the exclusive regulations applicable to towing, recovery and removal of vehicles … in Palm Beach County ….” P.B. Cnty. Ord. § 19-208(a). The TTOPBC is “applicable in both the unincorporated and incorporated areas, except … in any municipality that has adopted and maintains in effect ordinances or regulations governing the same matters.” Id. In other words, the TTOPBC applies throughout Palm Beach County unless an individual city within the County, i.e. West Palm Beach, enacts its own tow ordinance.

Palm Beach County Specific Towing Requirements

In Palm Beach County, a vehicle cannot be towed or immobilized without the consent of the vehicle owner, unless the tow is done in accordance Fla. Stat. § 715.07 (discussed in this article) and only when the requirements specific to Palm Beach County have been met. Each of these requirements is discussed in detail below. However, please note, these restrictions do not apply if the car was towed at the request of law enforcement.

“[N]o tow truck company shall, for compensation, recover, tow, or remove a vehicle … without the prior express instruction of the vehicle … owner or authorized driver,” unless the tow is “upon the prior express instruction of the real property owner or his duly authorized agent on whose property the vehicle … is disabled, abandoned or parked without authorization” provided the requirements of TTOPBC are satisfied. P.B. Cnty. Ord. § 19-194(b) (emphasis added).

A Tow Company Must Receive Prior Written Instructions from Property Owner in Order to Tow a Vehicle in Palm Beach County

In Palm Beach County, whether a non-consensual tow of a vehicle is lawful hinges on whether the tow was done on the “prior express instruction” of the property owner or the property owner’s “duly authorized agent.” Importantly, the TTOPBC defines both of those terms so any analysis should start there.

“Prior express instruction” means “a clear, definite and explicit request … made in writing by a real property owner or duly authorized agent of the real property owner, as specifically referenced on the written contract between the real property owner and tow truck company, to recover, tow, remove and store a specific and individual vehicle … parked without permission of the real property owner.” P.B. Cnty. Ord. § 19-182. “The tow truck company, an employee or agent thereof shall not be the designated agent of the real property owner for the purpose of providing prior express instruction to recover, tow, remove or store the vehicle or vessel.” Id.

“Duly authorized agent” means “a person designated by and acting on behalf of a real property owner per contractual agreement to request private property impounds.” P.B. Cnty. Ord. § 19-182. “The duly authorized agent shall have no affiliation with the tow truck company providing the towing service.” Id. In other words, a tow truck company cannot to act as a duly authorized agent of the real property owner. Id. at § 19-194(b). “An example of such action shall include but not be limited to the use of written warnings or stickers for pre-tow notification.” Id. Instead, “The real property owner shall only appoint duly authorized agents which have a direct connection to the property (i.e., board member, employee of the property management company or home/condo owner’s association, employee of the real property owner or state of Florida licensed security agency contracted by the real property owner or manager).” Id. at § 19-182.

Requirements for Prior Express Instruction

“[E]very prior express instruction made in writing or in person shall indicate the date and time of the instruction and shall be signed by … the real property owner/duly authorized agent in the physical presence of the tow truck company providing the service at the time the towing services are performed.” P.B. Cnty. Ord. § 19-194(c). “The … real property owner/the duly authorized agent shall also print his/her full name.” Id. “Prior express instruction (signed/printed name and date) must be provided on the manifest, towing invoice or tow sheet in the presence of the driver. Pre-authorization or post-authorization for prior express instruction” violates the TTOPBC. Id.

Importantly, “prior express instruction” is not satisfied by:

• by the mere posting of signage required by Florida law or the TTOPBC;
• by virtue of the terms of any contract or agreement between a tow truck company and a real property owner;
• when the prior express instruction occurs in advance of the actual unauthorized parking of the vehicle; or
• where the prior express instruction is general in nature and unrelated to specific, individual and identifiable vehicles which are already parked without authorization.”

P.B. Cnty. Ord. § 19-194(f).

Exceptions to Palm Beach County’s Requirement for Prior Express Instruction

“Signing in the presence of the non-consent tow truck company/driver shall not be required for a prior express instruction made by the real property owner or authorized agent forwarded by facsimile transmission” on a form approved by Palm Beach County. P.B. Cnty. Ord. § 19-194(d). However, all other requirements of TTOPBC shall apply and the real property owner or duly authorized agent shall provide in the facsimile instruction the specific location (i.e., address, parking space, etc.), color of the vehicle, make and/or model of the vehicle (if visible) and either the license tag number or the vehicle identification number (if available) prior to the vehicle/vessel being towed.” Id. “Such facsimile instruction shall include the real property owner’s or authorized agent’s signature and printed or typed full name and title, as well as an electronic confirmation or electronic stamp of the date and time the instruction was sent to the tow truck company.” Id.

“Failure of the non-consent tow truck company to act on a faxed instruction within twenty-four (24) hours of an expressed instruction from the property owner or designee shall require the issuance of a new facsimile or express authorization.” P.B. Cnty. Ord. § 19-194(d). “Acting on an incomplete facsimile from the property owner is a violation of this article.” Id.

A Tow Company Must have a Written Contract with the Property Owner in Order to Tow a Vehicle in Palm Beach County

“Each non-consent tow truck company shall enter into a written contract with every owner or duly authorized agent … of private property that authorizes the non-consent tow truck company to tow vehicles … on or from its property. This written contract shall include the beginning date of said contract, the names of all persons who can authorize prior express instruction to the tow truck company to remove, recover or tow any vehicle … on or from its property. The written contract shall include the name and current telephone number of the tow truck company performing the towing service, and the name, address and telephone number for any duly authorized agents acting on behalf of the real property owner.” P.B. Cnty. Ord. § 19-194(g).

Tow Companies Must Maintain Certain Records in Palm Beach County

“It shall be unlawful for any person providing nonconsent towing services to recover, tow or remove a vehicle … or provide storage in connection therewith unless the person providing such service shall maintain in his possession a manifest, towing invoice, tow sheet or dispatch records ….” P.B. Cnty. Ord. § 19-190(a).

These documents must include, at a minimum:

• Name of the tow truck company name of tow truck operator physically providing the service and the tow driver’s I.D. badge number;
• Palm Beach County Towing Permit Number (TP#) and decal number of the towing vehicle used to provide the service;
• Name, address and telephone number of the person requesting the service;
• Prior express instruction (signed and dated) of the real property owner provided in the presence of the tow truck driver recovering, towing or removing the vehicle;
• Date and time the tow truck arrived at the location where the service is to be performed;
• Date and time of release to vehicle owner or authorized agent;
• Location at which the service originated;
• Destination to which the vehicle being provided the service is taken and the time of arrival at the destination;
• Description of vehicle, including make, model, year (if known), color, vehicle identification number (if visible) and license plate number, if any;
• Description of services provided;
• The total charges listed individually and specifically as well as the description of the services rendered;
• The following disclosure in bold capitalized letters of at least twelve-point type:

IF YOU HAVE QUESTIONS OR COMPLAINTS ABOUT NON-CONSENT TOWS UNABLE TO BE RESOLVED BY THE TOWING COMPANY MANAGEMENT, CONTACT THE PALM BEACH COUNTY CONSUMER AFFAIRS DIVISION, WEST PALM BEACH, FLORIDA. TELEPHONE: (561) 712-6600 OR BY INTERNET: www.pbcgov.com/consumer.

COMPANIES PERFORMING NON-CONSENT TOWS IN PALM BEACH COUNTY ARE REQUIRED TO ACCEPT ALL OF THE FOLLOWING FORMS OF PAYMENT:

1.  CASH, MONEY ORDER OR VALID TRAVELER’S CHECK; AND
2.  VALID BANK DEBIT/CREDIT CARD, WHICH SHALL INCLUDE, BUT NOT BE LIMITED TO, MASTERCARD OR VISA, THAT IS IN THE NAME OF THE VEHICLE/VESSEL OWNER OR AUTHORIZED DRIVER/AGENT; AND
3.  VALID PERSONAL CHECK SHOWING ON ITS FACE THE NAME AND FLORIDA ADDRESS OF THE VEHICLE/VESSEL OWNER OR AUTHORIZED DRIVER/AGENT.

P.B. Cnty. Ord. § 19-190(a). Upon request of the vehicle owner, “[e]ach original manifest, towing invoice, or tow sheet shall be available for inspection and a copy provided ….” Id. at § 19-190(b).

“[W]hen any real property owner instructs that a vehicle … be recovered, towed, removed from his or her property and stored, s/he or a designated representative shall sign the tow ticket authorizing the tow.” P.B. Cnty. Ord. § 19-195(b). “Each tow truck company shall maintain accurate and complete records including but not limited to, manifests, towing invoices, or tow sheets for services rendered. When photographs are taken of vehicles …, the vehicle … owner … shall have access to such photos for the purpose of inspection and/or copying.” Id. at § 19-192.

Posted Notice Requirements for Non-Consent Tows in Palm Beach County

In addition to the requirements discussed above, for a non-consent tow to be lawful, there must be adequate notice posted on the property meeting specific standards. P.B. Cnty. Ord. § 19-195(a). The notice must be “prominently posted on the real property from which the vehicle is proposed to be removed.” Id. The notice must be on “[a] light reflective sign … placed at each driveway access/entrance or curb cut allowing vehicular access to the real property, within five (5) feet from the public right-of-way line.” Id. at § 19-195(a)(1)(a). “If there are no curbs or access barriers, signs shall be posted not less than one (1) sign each twenty-five (25) feet of lot frontage.” Id. “The sign shall be permanently installed not less than three (3) feet and not more than six (6) feet above ground level and shall be continuously maintained on the real property for not less than twenty-four (24) hours prior to the towing or removal of any vehicle/vessel(s).” Id.

“The light reflective sign shall clearly display in not less than two-inch high letters on a contrasting background, the words: ‘UNAUTHORIZED VEHICLES … WILL BE TOWED AWAY AT THE OWNER’S EXPENSE.’” P.B. Cnty. Ord. § 19-195(a)(1)(b). “The words “TOW-AWAY ZONE” must be included on the light reflective sign in not less than four-inch high letters on a contrasting background.” Id. “The light reflective sign shall clearly indicate, in not less than two-inch high letters on a contrasting background, the days of the week, and hours of the day during which vehicles … will be towed away at the owner’s expense; and the name and current telephone number of the tow truck company performing the towing service.” Id. at § 19-195(a)(1)(c).

Exceptions to Posted Notice Requirements in Palm Beach County

The posted notice requirements are NOT required in two instances. First, if the property on which a vehicle is parked is obviously part of a single-family type residence. P.B. Cnty. Ord. § 19-195(a)(3)(a). Second, if written notice is personally given to the vehicle owner or authorized driver that the real property on which the vehicle is or will be parked is reserved or otherwise not available for unauthorized vehicles and is subject to being removed at the vehicle owner’s expense. Id. at § 19-195(a)(3)(b).

Other Tow Truck / Tow Company Requirements in Palm Beach County

If the vehicle owner or authorized driver arrives at the scene prior to the vehicle being removed or towed from the property, “the vehicle … shall be disconnected from the tow truck and the vehicle … owner or authorized driver … shall be allowed to remove the vehicle … without interference upon the payment of a reasonable service fee of not more than one-half (½) of the posted rate for such towing service (drop charge), for which a receipt shall be given, unless that person refuses to remove the vehicle/vessel which is unlawfully parked.” P.B. Cnty. Ord. § 19-195(c). “The bill/invoice must be presented to the vehicle … owner authorized driver … prior to request for the payment.” Id. “Non-consent tow truck companies are not authorized to apply a fee in cases where the owner of the vehicle … arrives on the scene prior to a complete mechanical hook-up (road-worthy) between the tow truck and the vehicle ….” Id.

“Non-consent tow truck companies … shall not do so when there is a person occupying the vehicle.” P.B. Cnty. Ord. § 19-196(a). Tow truck companies must “transport the vehicle … directly to the storage facility of the tow truck company providing the service.” Id. at § 19-196(b). It is a violation of the TTOPBC for a tow truck company “to keep or stage impounded vehicles … in any temporary area or holding facility prior to the transportation of the vehicle to its approved storage facility.” Id. at § 19-196(c).

Tow truck companies must prominently display certain information at their storage facility. P.B. Cnty. Ord. § 19-196(d). The required information includes, “signage which identifies the name of the towing company, a schedule of all charges and rates for removal of vehicles … for private property impounds; a statement that these rates do not exceed those rates filed with the division and are in accordance with the provisions of this article and the rights afforded to a vehicle owner or authorized driver/agent pursuant to Florida Statutes.” Id. This information “shall be posted prominently in the area designated for the vehicle … owner or authorized driver … to transact business.” Id. “Such area shall provide shelter, safety and lighting adequate for the vehicle … owner or authorized driver … to read the posted rate schedule.” Id.

“Further, notice shall be posted advising the vehicle … owner or authorized driver … of the right to request and review a complete schedule of charges and rates for towing services for the jurisdiction in which the law enforcement order to tow was made, and that the tow truck company is permitted by the division noting the Division’s telephone number, address and business hours.” P.B. Cnty. Ord. § 19-196(d). Tow truck companies must “provide signage on the property clearly visible from the street, (unless otherwise prohibited by local zoning laws) with at least three-inch letters on a contrasting background with the name and phone number of the tow truck company.” Id. at § 19-196(e).

Tow truck companies must advise any vehicle owner or authorized driver who calls by telephone prior to arriving at the storage facility:

• Each and every document or other item which must be produced to retrieve the vehicle/vessel;
• The exact charges as of the time of the telephone call, and the rate at which charges accumulate after the call;
• The acceptable methods of payment; and
• The hours and days the storage facility is open for regular business.

P.B. Cnty. Ord. § 19-196(f).

Tow truck companies must allow “every vehicle owner or authorized driver to inspect the interior and exterior of the towed vehicle upon his or her arrival at the storage facility before payment of any charges (except for ‘after-hour gate or personal property retrieval fee’).” P.B. Cnty. Ord. § 19-196(g).The vehicle owner or authorized driver “shall be permitted to remove the vehicle license tag and any and all personal property inside but not affixed to the vehicle.” Id.

Tow truck companies must accept payment for charges in all the following forms: (1) Cash, money order or valid traveler’s check; and (2) bank debit/credit card, which shall include, but not be limited to, MasterCard or VISA, that is in the name of the vehicle owner or authorized driver; and (3) valid personal check showing on its face the name and Palm Beach County address of the vehicle owner or authorized driver. P.B. Cnty. Ord. § 19-196(h). “A tow truck company/driver shall not reject any of the above forms of payment.” Id. “A vehicle … owner or authorized driver … shall not be required to furnish more than one (1) government issued form of picture identification when payment is made by valid bank debit/credit card or personal check, and said presentation shall constitute sufficient identity verification.” Id.

Tow truck companies must not “store or impound a towed vehicle … at a distance which exceeds a ten-mile radius of the location from which the vehicle … was recovered, towed or removed unless no towing company providing services under this section is located within a ten-mile radius, in which case a towed or removed vehicle … must be stored at a site within twenty (20) miles of the point of removal.” P.B. Cnty. Ord. § 19-196(i).

Tow truck companies must maintain one (1) or more storage facilities, which must be open for the purpose of redemption of vehicles by owners or authorized drivers on any day that the tow truck company is open for towing purposes from at least 8:00 a.m. to 6:00 p.m., Monday through Friday. P.B. Cnty. Ord. § 19-196(j). When closed, tow truck companies must have posted prominently “on the exterior of the storage facility … a notice indicating a telephone number where the tow truck company can be reached at all times.” Id. “Upon request of the vehicle … owner or authorized driver …, the tow truck company shall release the vehicle … to the vehicle … owner or authorized driver … within one (1) hour. Id.

Tow truck companies may not, as a condition of release of the vehicle, “require a vehicle … owner or authorized driver … to sign any release or waiver of any kind which would release the tow truck company from liability for damages noted by the vehicle … owner or authorized driver … at the time of the vehicle’s … release.” P.B. Cnty. Ord. § 19-196(k). “A detailed, signed receipt showing the legal name of the tow truck company removing the vehicle … shall be given to the vehicle … owner or authorized driver … at the time of payment, whether requested or not.” Id.

Tow truck companies must release vehicles, upon payment, to the vehicle owner or authorized driver who provides proof of ownership. P.B. Cnty. Ord. § 19-196(m). Proof of ownership documents includes:

• Current vehicle registration;
• Vehicle title;
• An authorized driver/agent with a notarized release from the vehicle/vessel owner or lien holder. Vehicle/vessel owners have the right to identify/approve designated agents to claim vehicles on their behalf. A facsimile or electronic transfer of a notarized release statement from the vehicle/vessel owner shall be accepted;
• Insurance card with the vehicle/vessel owner’s information and vehicle description;
• Licensed dealer in possession of an auction buyer’s sales invoice; and/or
• A notarized bill of sale for non-titled vehicles or vessels.

Id.

“The non-consent tow truck company recovering, towing or removing a vehicle shall, within thirty (30) minutes of completion of such towing or removal, notify the appropriate law enforcement agency in which jurisdiction the vehicle was parked of the nature of the service rendered, the name and address of the storage facility where the vehicle will be stored, the time the vehicle was secured to the towing vehicle, and the make, model, color and vehicle license plate number (if any). The non-consent tow truck company shall obtain the name of the person at the law enforcement agency to whom such information was reported and note that name on the trip record.” P.B. Cnty. Ord. § 19-194(b).

“No non-consent tow truck company/driver shall pay or rebate money, or solicit or offer the rebate of money, or other valuable consideration in order to obtain the privilege of rendering towing services.” P.B. Cnty. Ord. § 19-194(e).

Maximum Rates Tow Companies can Charge in Palm Beach County

Palm Beach County establishes the rates that tow companies may lawfully charge consumers. The current rates can be found here.

Palm Beach County Consumer Affairs Division

The towing industry in Palm Beach is licensed and regulated by Palm Beach County. If you believe you were wrongfully or illegally towed in Palm Beach County, you should first try to contact the Palm Beach County Consumer Affairs Division, which handles issues relating to towing.

Palm Beach County Consumer Affairs Division
50 South Military Trail, Suite 201
West Palm Beach, FL 33415
561-712-6600
888-852-7362

You can also file a consumer complaint in Palm Beach County against a tow company. Information for doing so can be found here.

Remedies for Wrongful Tows in Palm Beach County

“Any person who improperly causes a vehicle/vessel to be recovered, towed, removed or stored shall be liable to the vehicle owner or authorized representative for the costs of the services provided, any damages resulting from the recovery, towing, removal or storage and attorney’s fees and court costs.” P.B. Cnty. Ord. § 19-194(i).

“Non-consent tow truck companies which provide services pursuant to this article and found to be in violation of this article relating to a specific non-consent tow shall be required to reimburse the vehicle … owner all illegal or over charges related to that towing incident. Failure to reimburse the owner of the vehicle … in such cases is a violation of this article.” P.B. Cnty. Ord. § 19-196(o).

If your car was towed in Palm Beach County without your consent and the tow company did not strictly comply with the requirements of Fla. Stat. 715.07 and/or the specific Palm Beach County requirements discussed above, your car may have been wrongfully towed. If so, you may be able to file a lawsuit to recover the cost of towing and any other damages you sustained. Additionally, the law provides the recovery of attorney fees and court costs if you prevail.