§ 70-709. Non-consent towing with prior express instruction of real property owner or duly authorized agent and/or law enforcement agency.

In addition to the other requirements of this division, no person shall engage in non-consensual towing services or provide storage in connection therewith without the prior express instruction of the vehicle/vessel owner or authorized driver, except in accordance with the following:

(a)

Persons providing non-consensual tow services in accordance with applicable provisions of the Code of Ordinances of the City of Key West, may for compensation recover, tow or remove a vehicle/vessel based upon a police-directed tow without the prior express instruction of the vehicle/vessel owner.

(b)

Persons may provide non-consensual tow services without the authorization of the vehicle/vessel owner upon the prior express instruction of the real property owner or his duly authorized agent on whose property the vehicle/vessel is disabled, abandoned or parked without authorization or whose vehicle/vessel owner or authorized agent is unwilling or unable to remove the vehicle/vessel, provided that the requirements of this division are satisfied. The non-consent tow truck company recovering, towing or removing a vehicle/vessel shall, within 30 minutes of completion of such towing or removal, notify the appropriate law enforcement agency in which jurisdiction the vehicle/vessel was parked of the nature of the service rendered, the name and address of the storage facility where the vehicle/vessel will be stored, the time the vehicle was secured to the towing vehicle, and the make, model, color and vehicle/vessel license plate number (if any). The person providing non-consensual tow services 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.

(c)

No person providing non-consensual tow services 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.

(d)

Each person providing non-consensual tow services shall enter into a written contract with every owner or duly authorized agent of private property that authorizes non-consensual tow services 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/vessel 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. The written contract for non-consent towing shall also include a clear understanding of liability for the real property owner as stated in F.S. § 715.07, which statute shall be included as an exhibit to the contract. No such contract shall state that the person providing non-consensual tow services assumes the liability for improperly towed vehicles/vessels, contrary to F.S. § 715.07(4). The person providing non-consensual tow services must keep on file each contract and addendum (if applicable) with the property owner. Such contract shall be maintained for at least 12 months after termination. The Division and law enforcement officers may inspect and request a copy of any and all such contracts from the person providing non-consensual tow services during normal business hours. The person providing non-consensual tow services may not withhold production of the contract upon demand by the Division or law enforcement. Failure to enter into or keep on file a contract with the property owner shall be a violation of this division. All contracts which were entered into prior to the effective date of this division, shall accomplish the requirements of this subsection by entering into an addendum to the current contract within three months following the enactment of this division.

(e)

Real property owners or authorized representatives shall not request the recovery, tow or the removal of vehicles/vessels that are reasonably identifiable from markings or equipment as law enforcement, firefighting, rescue squad, ambulance, or other emergency vehicles/vessels which are marked as such.

(f)

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 in accordance with Florida Statutes.

(Ord. No. 11-22, § 9, 12-6-2011)