Knowing Your Rights When Your Vehicle is Towed

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Know your right, when your vehicle gets towed in Orlando, Florida. Here is the bulk of the towing codes. I know many people still don’t know how to read PDFs, so I created this.

Here is the original source and PDF

SECTION ONE:  Section 39.84, of the Code of the City of Orlando be, and the same is hereby, amended to read as follows:

Sec. 39.84.  Definitions.

(1) “City” as used herein shall refer to the city limits of the City of Orlando.

(2) “Property Oowner” shall mean that person who exercises dominion and control over the real property, including, but not limited to, the legal title holder, lessee, a resident manager, a property manager or other agent who has legal authority to bind the owner.  A person providing a Towing Service An owner, operator, or other agent or employee of a towing service may not be appointed as an agent for a property owner.

(3) “Tow” shall mean to haul, carry, pull along, or otherwise transport or remove a motor connected vehicle by means of another vehicle in a direct and continuous movement to the storage site of the towing service and applies only to private property tows as defined in this chapter.

(4) “Towing Service” shall include any person, company, corporation, or other entity whether licensed or not, who engages in or who owns or operates a business which engages, in whole or in part, in the towing or removal of motor vehicles for compensation from private property and does not apply to repossessions, or to the towing or removal of any privately owned vehicle by the operator or of any vehicle towing or removal service when such service is performed at the request of the owner of the vehicle.

(5) “Connected” in reference to a vehicle shall mean the vehicle is secured and strapped sufficiently to another vehicle for towing.

(6) “Vehicle” shall mean any mobile item which normally uses wheels whether motorized or not.

(5)(7) “Trespass Private property Ttowing” shall mean towing or removal of a vehicle, that is parked on private real property, without the consent of the vehicle’s owner or operator that is parked on private real property.

(8) “Gross vehicle weight” shall mean the weight of a vehicle as specified by the vehicle’s manufacturer.

(9) “Drop tow” shall mean an instance where the registered owner or other person in control of the vehicle arrives at the scene prior to the towing and after the vehicle has been connected in any way to the towing or removal apparatus but before the tow truck has left the premises or parking lot with the vehicle.

10) “Storage site” shall mean all sites to which vehicles towed from within the city limits of Orlando will be stored.

(11) “Agent” shall mean a person legally authorized to be in control of the vehicle or to act on behalf of the owner which agency may be evidenced by notarized documentation.

SECTION TWO:  Section 39.85, of the Code of the City of Orlando be, and the same is hereby, amended to read as follows:

Sec. 39.85.  Legislative Intent, Towing of Vehicles for Compensation, and Occupational License Requirement.

  1.  The City Council hereby finds and determines that abandoned vehicles and damaged vehicles that cannot be moved, and the unauthorized parking of vehicles, constitutes public nuisances and public emergencies affecting the property, public safety, and welfare of the citizens and residents of the City of Orlando.
  2.  Any person engaged in the business of towing or removing of vehicles shall comply with all the requirements and standards imposed by Florida Statute §§713.78, 715.07, and Chapter 39, Article IX of the Orlando City Code where applicable.
  3.  Every person, company, corporation, or other entity that owns or operates a service that engages in towing or removing vehicles for profit within the city of Orlando must obtain an occupational license issued by the City of Orlando consistent with the provisions of §36.02(2) and §36.03 and any other applicable provisions of Chapter 36.
  4.  A determination by the City’s permitting authority that a towing operator or company is subject to the City of Orlando’s occupational license tax based upon one or more factor(s) in §36.02(2) and §36.03, is deemed sufficient local incidents and is prima facie evidence that such company, person, or operator is liable for a license certificate.

No towing Service shall tow or otherwise transport a vehicle for compensation when the point of origin of the tow or transportation is within the jurisdictional limits of City of Orlando without complying with the requirements of Florida Statutes chs. chapters 713 and 715, and the provisions of this chapter, where applicable.

SECTION THREE:  Section 39.86, of the Code of the City of Orlando be, and the same is hereby, amended to read as follows:

Sec. 39.86.  Prerequisites to Trespass Private Property Towing from Private Property.  

(1)  Prior to the trespass private property towing of any vehicle, the property owner of the real property and the Ttowing Sservice shall have executed a written agreement which shall at a minimum contain the following provisions:

(a)  The legal name, and physical address, and telephone number of the towing service and the property owner requesting the towing services;

(b)  The property address and location and description of the property parking lot or spaces from which the vehicle(s) will be towed;

(c)  The duration of the agreement.  No agreement under this section shall have a term longer than three years.  In the absence of a termination date, the agreement shall expire two years from the date it was received by the Orlando Police Department;

(d)  The time of day that such towing is authorized;

(e)  The days of the week that such towing is authorized;

(f)  Exceptions to the above, such as partial days, specific hours or certain days or events;

(fg)  An enumerated list of all fees to be charged to either the property owner or vehicle owner/operator, which shall not exceed the amounts stated in sec. 39.89 of this chapter;

(gh)  The address and description of the location where the vehicle will be towed/ or stored.  Said storage site shall not be more than ten (10) miles from where the tow originates and;

(i)  The exact wording of each sign and a description of the location of each sign on the property which shall conform to §§. 713.78 and 715.07, Florida Statutes, and this chapter; and

(hj)  The signature of both the property owner and the owner, or authorized representative of the Ttowing Sservice or its authorized representative, certifying that each has read and is in compliance with the provisions of Florida Statutes  §§ 713.78 and 715.07,  and the provisions of this chapter.

The above requirement of a written agreement shall not apply to the removal of vehicles from property appurtenant to and obviously part of a single family residence or where the vehicle is parked in such a way as to obstruct access to private entrances, exits, drives or loading areas.

(2)  Prior to the trespass private property towing of any vehicle, a copy of the two executed agreements described in paragraph (1) above, and the City of Orlando occupational license (once annually) shall be filed in person by the Ttowing Sservice or its authorized representative at with the Orlando Police Department Headquarters, Records Department.  Said agreements shall be non-transferable.  If the ownership of either the towing service or the property changes, is amended, or modified, a new written agreement meeting the requirements of this section must be filed at Orlando Police Headquarters prior to any private property towing from the subject property.  The Ttowing Sservice shall be responsible for advising the Orlando Police Department within two (2) business days of any changes, amendments, or modifications to, or rescissions of, these agreements.  Towing services are prohibited from engaging in private property towing until the towing service has filed a completed and executed agreement at Orlando Police Headquarters.

(3)  No Towing Service shall tow a vehicle It shall be unlawful for any towing service to tow or drop tow a vehicle located within the city of Orlando unless the Ttowing Sservice shall has filed and keep has on record with the at the Orlando Police Department Headquarters a complete copy of the current rates charged for the towing and storage of towed vehicles.  Rate sheets filed with the Orlando Police Department must comply with the rates permitted by the ordinance.  The rate sheet, and occupational license, must be filed at Orlando Police Headquarters annually by the towing service representative.

(4) No 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 trespass towing from any property.  It is prohibited for a person to pay or accept money or other valuable consideration for the privilege of towing or removing vehicles from a particular location.

(5)  Except for property appurtenant to and obviously a part of a single-family residence, and except for instances when notice is personally given to the owner or other legally authorized person in control of the vehicle that the area in which that vehicle is parked is reserved or otherwise unavailable for unauthorized vehicles and subject to being removed at the owner’s or operator’s expense, any property owner or lessee, or person authorized by the property owner or lessee, prior to towing or removing any vehicle from private property without the consent of the owner/operator or other legally authorized person in control of that vehicle, must post a notice meeting the following requirements:

(a)  The notice must be prominently placed at each driveway access or curb cut allowing vehicular access to the property from either the public right-of-way or adjoining private property, and within 5 feet from the public right-of-way line or private property line.  If there are no curbs or access barriers, the signs must be posted not less than one sign for each 25 feet of lot frontage.

(b)  The notice must clearly indicate, in 2-inch high, light-reflective letters on a contrasting background, that unauthorized vehicles will be towed away at the owner’s expense.  The words “Tow-Away Zone” must be included on the notice in 4-inch high letters per Florida Statute.  The words “Strictly Enforced” must be included on the notice in 2-inch high letters.  If it is a 24 hour enforcement, the words “Strictly Enforced 24 Hours 7 Days a Week” must be included on the notice in 1½-inch high letters.  The notice must also include in ½-inch high letters the following statement:  Chapter 39, Orlando City Code and Sec. 715.07, Fla. Stat.  The name and telephone number of the towing service must also be included on the sign per Florida Statute.  This additional notice may be placed adjacent to existing tow away signs.

(c)  The sign structure containing the required notices must be no more than 36 inches in height and no more than 18 inches in width.  The sign structure must be permanently installed with the words “Tow-Away Zone” not less than 3 feet and not more than 6 feet above ground level and must be continuously maintained on the property for not less than 24 hours prior to the towing or removal of any vehicles.

(6)  The property owner shall keep signs clean of mildew and vegetation and in good repair.

(7)  A business with 20 or fewer parking spaces may satisfy the notice requirements of this subparagraph by prominently displaying a sign stating “Reserved Parking For Current Customers Only.  Unauthorized Vehicles Will Be Towed Away At The Owner’s Expense” and the words “Strictly Enforced” in not less than 4-inch high, light-reflective letters on a contrasting background.

(8)  A towing service owner or operator is prohibited from knowingly engaging in towing on private property where the notice or sign structure requirements are not in compliance with this section.

(9)  A private property owner, lessee, or agent may authorize the removal of a vehicle by a towing company when the vehicle is parked in such a manner that it restricts the normal operation of business; and if a vehicle parked on a public right-of-way obstructs access to a private driveway, the owner, lessee, or agent may have the vehicle removed by a towing company upon signing an order that the vehicle be removed without a posted tow-away zone sign.  It is prohibited for the towing company to tow the vehicle without such order.  Said order shall be kept by the towing service for one year from the date of the tow and made available for inspection by OPD or Code Enforcement.

(10)  It shall be unlawful for any owner, manager, employee, or agent of a towing service, while engaged in towing or storing of vehicles, to wear a law enforcement uniform or other indication or logo of law enforcement affiliation.

(511)  Any Ttowing Sservice operating within the City of Orlando shall, within thirty (30) minutes of the completion of any trespass private property tow, notify the Orlando Police Department of the towing; the address of the storage site where the vehicle is stored; the location or address from which the vehicle was towed; the time the vehicle was towed or removed; the make, model, year, color, vehicle identification number (VIN), and license plate number of the vehicle; and, shall obtain the Orlando Police Department case number assigned to the case incident number and record that number in the trip report.  Failure to comply with the requirements of this subsection is unlawful.

(612)  All vehicles towed shall be towed directly and continuously to the storage site owned or leased by the Ttowing Sservice and the towed vehicle shall not be kept in any temporary holding area.

(13)  A towing service shall allow the owners, agents, or other legally authorized person of the towed vehicle to park on site at the storage facility while picking up or inspecting the towed vehicle, unless reasonable alternative parking is made available by the towing service within two blocks of the storage facility.

(14)  Any vehicle towed from locations within the city must be stored in the city limits of Orlando or in Orange County, Florida within a 10 mile radius of the point of removal.  Failure to comply will, at a minimum, be sufficient to revoke the operator’s license to conduct a towing business in the City of Orlando under this Chapter and Chapter 36.  It is a violation of this subsection and prohibited for an existing towing service to change the name of the business or corporate entity to obtain a new or additional occupational license for the purpose of circumventing the intent of this section.

(15)  A towing service shall allow the vehicle’s owners, or their agents with an original notarized statement, to remove or retrieve personal property or possessions from the vehicle immediately at the scene of the tow or at the storage facility prior to payment.  The vehicle owner or agent, shall be permitted to inspect the vehicle and the towing service shall release to the owner or agent all personal property not affixed to the vehicle.  The towing service representative is prohibited from charging a fee for such retrieval or to refuse to allow retrieval of personal property.

(716)  Each Ttowing Sservice shall staff or monitor its telephone at all times 24 hours a day, seven days a week, including holidays, and immediately return telephone calls within one hour to advise any vehicle owner, operator, custodian, agent, or other legally authorized person or authorized representative who calls by telephone prior to arriving at the storage site of the following:

(a)  Each and every document or other item which must be produced to retrieve the vehicle;.  A valid insurance identification card containing the vehicle’s VIN, which if presented by the person named on the card, is deemed acceptable documentation to retrieve the vehicle;

(b)  The exact charges as of the time of the telephone call, and the rate at which charges will accumulate thereafter;

(c)  The acceptable methods of payment which shall include cash, money order, or a valid major debit card;

(d)  That a debit machine is located at the storage facility and the fee for its use; and

(d e)  That the vehicle can be picked up within one hour of request.

(8) Towing Services shall provide a written bill at the request of the owner or operator of a vehicle detailing the charges to date.

(17) Upon payment of the authorized towing fee, the towing service shall release the towed vehicle upon request of the owner, or their agent, within one hour after the request.  Cash, money orders, or a valid major debit card shall all be accepted at the storage site.

(918)  Each Ttowing Sservices shall provide, at the time of payment, whether or not requested, a written receipt with the company name for all charges imposed and all payments received from the owner or operator of a vehicle resulting from the towing of a vehicle or from a drop tow.  Said receipt shall include the towing rates and standards set forth in Sections 39.89(1) through 39.89(2), inclusive.  Said receipt shall include at a minimum:

(a)  The date, time, and location of the tow;

(b)  The total charges listed individually and specifically; and

(c)  The date and time of payment of the charges.

(d)  The name of the tow truck driver and towing service.

(e)  The city ordinance number authorizing each charge.

(1019)  The Ttowing Sservice shall prepare and maintain a tow data sheet which shall include, at a minimum, but not be limited to, the following information:

(a)  The legal name of the Ttowing Sservice and person tow truck driver providing the service;.  If not a corporation, the name of the owner of the business;

(b)  The location from which the vehicle was towed;

(c)  Date and time the tow was initiated;

(d)  The destination to which the vehicle was taken;

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

(f)  The time and date the Orlando Police Department was contacted by the Ttowing Sservice and the OPD case incident number assigned;

(g)  The description of the services rendered including an itemized list of all charges;

(h)   The date and time the vehicle was returned to the owner or their agent, and the identity name, address, and driver license number of that such owner or their agent; and

(i)  A copy or stamp of the consumer rights guideline signed by the owner, custodian, or agent, which shall be maintained as part of the tow sheet documentation.

(1120)  All Ttowing Sservices shall keep all such tow data sheets and receipts on file for a period of three (3) two (2) years from the date of the tow or drop tow and shall make them available for inspection and/or copying to any law enforcement officer or code enforcement officer during normal business hours.

(1221)  No Ttowing Sservice shall tow a vehicle when there is either a natural person or a live animal is occupying the vehicle.

(22) Any vehicle owner, or their agent, shall have the right to inspect the vehicle before accepting its return, and no release or waiver of any kind which would release the person or firm towing the vehicle from liability for damages noted by the owner or other legally authorized person at the time of the redemption may be required from any vehicle owner, or their agent, as a condition of release of the vehicle to its owner.

(23) The towing company must provide a copy of the Consumer Rights Guidelines, as promulgated by the City, or stamp the equivalent of such on the back of the receipt to each vehicle owner, operator, custodian, or agent of any drop tow or towed vehicle, and keep a copy or receipt of the guideline provided to the vehicle owner or agent.  It is unlawful to fail to provide the vehicle owner, or their agent, a copy of the promulgated guidelines.

(24)  Each towing service must provide a debit machine or service at each storage site.

SECTION FOUR:  Section 39.87, of the Code of the City of Orlando be, and the same is hereby, amended to read as follows:

Sec. 39.87.  Exemptions.

This Article shall not apply to the towing of a vehicle which occurs:

(1)  at the direction of a law enforcement officer, community service officer, code enforcement officer, or parking specialist of the City of Orlando pursuant to an agreement between the City and a towing service; or

(2)  with the consent of the vehicle’s owner or operator.; or

(3)  if the vehicle is a law enforcement, firefighting, rescue squad, ambulance, or other emergency vehicle, which is marked as such; or

(4)  at property owned by any governmental entity.

SECTION FIVE:  Section 39.88, of the Code of the City of Orlando be, and the same is hereby, amended to read as follows:

Sec.39.88. Drop Tow – Return of Owner Prior to Tow.

No Towing Service operating within the City shall tow a vehicle or charge for its services where the registered or other legally authorized person in control of the vehicle arrives at the scene prior to the towing, unless:  If the vehicle owner or other legally authorized person in control of the vehicle arrives at the scene prior to the removal or towing and after the vehicle is connected in any way to the towing or removal apparatus, but before the tow truck has left the premises or parking lot with the vehicle, this shall constitute a “drop tow”.

When a drop tow occurs:

(1)  the registered owner or other legally authorized person in control of the vehicle refuses to remove the vehicle; or;  A towing service operating within the city limits shall charge not more than one-half (½) of the tow rate for such drop tow unless the person refuses to remove the vehicle.

(2)  the vehicle has already been connected to the towing or removal apparatus and the registered owner or other person in control of the vehicle refuses to pay a service fee of not more than one-half (½) of the rate contained herein for such towing service.  The tow truck or wrecker operator shall wait a minimum of ten (10)  fifteen (15) minutes at the location of the drop to allow the vehicle’s owner or operator to secure cash for the payment of the fees enumerated herein if cash is required by the tow truck or wrecker driver at the location of the drop.

(3)  Within fifteen minutes of payment for a drop tow, the tow truck operator shall disconnect the vehicle from the tow truck and return it to the owner or other legally authorized person.  The tow truck operator shall provide a written receipt as required by section 39.86(19).

(4)  A person in the process of towing or removing a vehicle from the premises or parking lot in which the vehicle is not lawfully parked must stop when a person seeks the return of the vehicle.

SECTION SIX:  Section 39.89, of the Code of the City of Orlando be, and the same is hereby, amended to read as follows:

Sec. 39.89.  Establishment of Rates.

(1)  The maximum rates for towing a vehicle or for the storage of a towed vehicle when the point of origin of the tow is within the city limits of the City Orlando shall be as follows:

(a)  Class A Vehicles:

Towing of vehicles with a gross vehicle weight of up to and

including 10,000 pounds………………………………………….$100.00

Maximum daily storage (after 24 hours)………………..………  1520.00

(b)  Class B Vehicles:

Towing of vehicles with a gross vehicle weight of more than

10,000 pounds and up to and including 19,500 pounds ………….. 200.00

maximum daily storage (after 24 hours)…………….…..…………. 30.00

(c)  Class C Vehicles:

Towing of vehicles with a gross vehicle weight of more than

19,500 and up to and including 50,000 pounds (which are

upright and in a towable condition)……………..……………..….. 300.00

Maximum daily storage (after 24 hours)………….………………. 60.00

(d)  Class D Vehicles:

Towing of vehicles with a gross vehicle weight of more than

50,000 pounds.……………………………..………………………. 400.00

Maximum daily storage (after 24 hours)……………………………  60.00

(2) The maximum rates established in paragraph (1) above shall be a flat fee which shall be all inclusive and, by way of illustration, no additional charges shall be made for towing service companies are prohibited from imposing any other or additional charges such as, but not limited to:

(a)  Any fees for special equipment or services such as double hook up, vehicle entry when locked, dropping transmission linkage, axle or drive shaft removal, dollies, trailer or flat bed, lifts, slim jims, go jacks, removing bumpers, airing up brakes, mileage, fuel charge, or for copying the vehicle registration or other documents; or

(b)  Time spent at the scene of the tow; or

(c)  Gate fees, and fees for returning to the location where the vehicle is stored in order to release the vehicle; or

(d)  Storage for the first twenty four (24) hours from the time the vehicle is towed; or

(e)  An additional fee for the towing of a tractor trailer, which shall be considered the tow of “one” vehicle; or

(f)  An additional fee for the towing of motor vehicles carrying other vehicles (boats, cars, trucks, aircraft, tractors, heavy equipment ATV’s, and motorcycles that are securely attached, which shall be considered part of that vehicle’s load.

No other Tow service companies are prohibited from charging fees of whatever kind may be charged for services rendered during the first twenty-four (24) hours that the vehicle is in the possession of the Ttowing Sservice, beginning from the time the vehicle is delivered to the storage facility other than the fee set forth in §39.89.  Storage fees as set forth above may be assessed after the initial twenty-four (24) hour period based on twenty-four (24) hour increments and not on calendar days.  An administrative fee of thirty fifty dollars ($3050.00) may be charged after the first forty-eight (48) hours so long as the Ttowing Sservice has actually complied with the requirements of Florida Statutes §713.78, including execution and mailing of the lien notice.

(3)  The maximum fees set forth herein may be changed from time to time by a resolution adopted by City Council.  The towing rates and any fees set forth above in subsections (1) and (2) shall be prominently posted and clearly legible in not less than two inch high letters on contrasting background at the point of payment at the storage site.  Such notice shall be visible to the person picking up the vehicle from the place where payment is tendered.  The towing service must also prominently post a clearly legible notice at the point of payment at the storage site in not less than ½-inch high letters in contrasting background, the following statement:  “Towing is regulated by Chapter 39, Orlando City Code, and Sec. 715.07, Fla. Stat., copies of which are available by the towing service at this location upon request.”  A towing service company is prohibited from engaging in private property towing within the City of Orlando unless the above notices are prominently posted, and clearly legible, at the point of payment at the storage site.

SECTION SEVEN:  Section 39.90, of the Code of the City of Orlando be, and the same is hereby, amended to read as follows:

Sec. 39.90.  Revocation Violatons; of LicensePresumption; Jurisdiction.  

If a Ttowing Sservice, its owner, operator, driver, or representative, is found guilty in a court of law of any violation of this towing ordinance, regardless of adjudication, or found by the City’s Code Enforcement Board to be in violation of a total of three or more violations of the provisions of the this towing regulations listed herein ordinance, within a two year period or less of the first finding of violation, such that the it shall constitute a presumption that the Ttowing Sservice’s continued operation within the cCity of Orlando is found to be contrary to public policy or the welfare of the City, the Towing Service’s occupational license may be revoked by the City’s Director of Finance and The Towing Service shall have a right to appeal said decision as provided in Section 36.12 of the City Code.  Such determination may be the basis for the Chief Administrative Officer or designee to initiate proceedings to revoke the towing services occupational license.  Any towing service owner or operator whose occupational license has been revoked shall not be eligible to receive an occupational license for towing for a minimum period of one year from the date of the revocation of license.  It shall be unlawful for an existing towing service to change the name of the business or corporate entity to obtain a new or additional occupational license for the purpose of circumventing the intent of this section.  Any such determination by the Chief Administrative Officer, or designee or the Code Enforcement Board, shall constitute a violation of this section.  Appeal of the revocation of license shall be as provided in section 39.94 of the Orlando City Code.  

SECTION EIGHT:  Section 39.91, of the Code of the City of Orlando be, and the same is hereby, amended to read as follows:

Sec. 39.91. Misrepresentation or Falsifying Tow Documents.

It is unlawful for any person or towing service to misrepresent, misstate, or provide false information on any documentation required by this chapter, including the tow data sheet, consumer guideline form, receipt, or bill issued pursuant to this chapter or rates for towing, drop tows, or storage of vehicles.

SECTION NINE:  Section 39.92, of the Code of the City of Orlando be, and the same is hereby, added to read as follows:

Sec. 39.92. Prohibited Tows From Public Property

It is unlawful for a towing service operator to tow a vehicle from public property unless by written agreement with the City of Orlando, by order of a law enforcement officer, or with the consent of the vehicle owner or agent.  The towing service shall bear the burden of proof of such agreement, order, or consent.

SECTION TEN:  Section 39.93, of the Code of the City of Orlando be, and the same is hereby, amended to read as follows:

Sec. 39.913.  Penalties.

(1) Each violation of this Chapter, except §§ 39.86(5) through (7) shall constitute a separate offense, arrestable and punishable as provided in Section 1.08 of the City Code.  Nothing in this section shall be construed to prohibit the City of Orlando from enforcing this Chapter by other means including, but not limited to code citations pursuant to §§ 162.21 through 162.30, Florida Statutes, as amended, and Sections 5.10 through 5.19 of the City Code.

(2) Any person who violates this article shall be liable to the owner or lessee of the vehicle for all costs of recovery (including all towing and storage fees) plus attorney’s fees and court costs, and shall in addition be liable to the owner or lessee of any towed vehicle for any damages resulting directly or indirectly from the removal, transportation, or storage of the vehicle.  

SECTION ELEVEN:  Section 39.94, of the Code of the City Orlando be, and the same is hereby, added to read as follows:

Sec. 39.94. Issue, Reissue, Transfer, Revocation of License; Right of Appeal

(1)  The Chief Administrative Officer or designee may refuse to issue or reissue or transfer the occupational license for a towing service as provided for in this Section when the issue, reissue, or transfer of the license would be contrary to public policy or the welfare of the City.

(2)  Upon the written request of the Chief of Police, the Chief Administrative Officer or designee may schedule a hearing  and send a copy to the towing service owner or operator and written notice of hearing by certified mail, return receipt requested, or by hand delivery to the owner of the towing service at the last known address.  If an attempt to reach the owner by hand delivery or certified mail is unsuccessful, notice of the hearing may be made by publication as provided in Chapter 49, Florida Statutes, as amended.  Notice, whether by certified mail, hand delivery, or publication, must be provided at least three (3) business days prior to the scheduled hearing before the Chief Administrative Officer or designee.  The Chief Administrative Officer or designee shall conduct a public hearing regarding the refusal to issue, reissue, or transfer the occupational license and may receive and consider any evidence, including evidence of general reputation of the towing service operation or person(s) operating such service which is the subject of the hearing.  All testimony at the hearing shall be under oath.  The Chief Administrative Officer or designee shall not be bound by the formal rules of evidence and may consider hearsay testimony; however the Chief Administrative Officer or designee shall act to ensure fundamental due process in its hearing process.  The towing service owner shall have the opportunity to appear before the Chief Administrative Officer or designee, in person and/or through legal counsel, to offer evidence.  At the conclusion of the hearing, based on the evidence received, the Chief Administrative Officer or designee may find and declare, based upon the preponderance of evidence that the towing service owner or operator(s) have violated the towing ordinance or the applicable sections of Chapter 36, and that the violation(s) is contrary to the interest of the public health, safety, or welfare.  If the Chief Administrative Officer or designee makes one or more of the above findings, the Chief Administrative Officer or designee may refuse to issue or reissue or transfer the occupational license of the towing service.  The Chief Administrative Officer or designee may continue the hearing in order to receive additional evidence, testimony, or for any other reason the Chief Administrative Officer or designee deems appropriate before making its decision.  If the Chief Administrative Officer or designee does not find that the violations have been proven, it shall direct the Office of Permitting Services to issue, reissue, or transfer the license.  The Chief Administrative Officer or designee shall have the power to adopt rules for the administration and conduct of its hearings which are consistent with this section and the rules of procedure adopted by City Council.  Such rules shall be designed to facilitate the efficient administration of this section.

(3)  In each case of such refusal by the Chief Administrative Officer or designee to issue, reissue, or transfer such license, the applicant therefor shall have the right to appeal such refusal to the City Council by filing with the Chief Administrative Officer or designee, and City Clerk, a notice of appeal within ten (10) days after such refusal.  The City Council, not later than the second regularly scheduled City Council meeting following receipt of the notice of appeal, shall hold a public hearing to determine if such refusal to issue, reissue, or transfer a license under this Section is in the public interest.  Notice of the hearing shall be given to the license applicant, which notice shall fix a date for the hearing giving the license applicant an opportunity to be heard on the denial of the issue, reissue, or transfer of the license by the Chief Administrative Officer or designee.  Such notice shall be given in writing by the City Clerk, at least five (5) days before the date of such hearing, unless such notice is waived by the license applicant.  The City Council after hearing from the parties, by majority vote, shall either sustain the position of the Chief Administrative Officer or designee and deny the requested license or transfer, or order the Chief Administrative Officer or designee to direct the Office of Permitting Services to issue, reissue, or transfer the license.  The City Council shall make its decision based upon whether the Chief Administrative Officer or designee had sufficient reliable evidence to sustain the decision.  No new evidence may be presented during the appeal.  Such issuance, reissuance, or transfer of occupational license approved by the City Council will be made only after payment to the City of the appropriate license or transfer fee.

(4)  The City Council shall have the right and authority to revoke any occupational license as referred to in this Section and issued to any person, whenever it is made to appear that the business method or operation or work to be conducted or carried on by the licensee is being conducted or carried on through unfair, fraudulent, or illegal methods to the detriment or damage of the public health, safety or welfare, or to customers or patrons of such licensee.  Unfair or fraudulent methods are defined as including, but shall not be limited to, untrue or misleading advertising of products or services offered.

(5)  An aggrieved party may appeal a final order of the City Council to a court of competent jurisdiction in the Ninth Judicial Circuit.  Such an appeal shall not be a hearing de novo, but shall be limited to appellate review of the record created prior to such appeal.  An appeal shall be filed within 30 days of the date of the written order to be appealed.

SECTION TWELVE:  If any section, subsection, sentence, clause, phrase, or portion of this ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision and such holding shall not affect the validity of the remaining portion hereto.

It is a lot of jargon to read, but hopefully this helped you.

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