15B-9.010. Maximum Rates for Towing and Storage; Complaints of Violations of Maximum Rates for Towing and Storage

(1) Wrecker operators that tow, remove, store, or otherwise deal with a wrecked, disabled, or abandoned vehicle at the division’s request, or at the request of a trooper acting on the division’s behalf, in a county or municipality for which maximum rates for towing and storage of vehicles have been established or adopted pursuant to Sections 125.0103 or 166.043, Florida Statutes, respectively, shall comply with those maximum rates. (2)(a) For counties or municipalities that have not established maximum rates for towing and storage of vehicles pursuant to Sections 125.0103 or 166.043, Florida Statutes, and for counties which have adopted such an ordinance but that ordinance adopts the maximum towing rates established by the division, the division will establish maximum rates for towing, removing, storage or dealing with wrecked, disabled, or abandoned vehicles removed at the division’s request, or at the request of a trooper acting on the division’s behalf, in such counties or municipalities based on the maximum towing and storage rates contained in the applicable county ordinance. (b) For purposes of this rule: 1. “Applicable county ordinance” means the ordinance with the lowest base rate which was enacted pursuant to Section 125.0103, Florida Statutes, by a county that is contiguous to and within the troop boundaries containing the county which has not established maximum rates for towing and storage (or a county which has adopted such an ordinance that adopts the maximum storage rates established by the division). Provided however, if no county which has adopted an ordinance establishing maximum towing rates pursuant to Section 125.0103, Florida Statutes, is contiguous to a county which has not adopted an ordinance to establish maximum towing rates pursuant to Section 125.0103, Florida Statutes, and within the troop boundaries, then the appliable county ordinance means the ordinance which was enacted pursuant to Section 125.0103, Florida Statutes, by the county nearest to the county which has not enacted an ordinance establishing maximum towing rates pursuant to Section 125.0103, Florida Statues, within the troop boundaries. 2. “Base rate” means the single and basic charge for a Class A Wrecker or for towing or removal of a vehicle weighing 10,000 pounds or less gross vehicle weight directed by a governmental agency, including a law enforcement agency, exclusive of any other charge or fee, including, but not limited to, a mileage fee or charge, fees for time at the scene, hourly fees, winching or recovery fees, labor fees, administrative fees, storage fees, or tarping fees. (3) Wrecker operators that tow, remove, store, or otherwise deal with a wrecked, disabled, or abandoned vehicle at the division’s request, or at the request of a trooper acting on behalf of the division, in or from a county or municipality which has not established maximum rates for towing and storage of vehicles pursuant to Sections 125.0103 or 166.043, Florida Statutes, respectively, including a county which has adopted an ordinance that adopts the maximum towing and storage rates established by the division, may not charge a fee for towing, removal, storage, or dealing with such wrecked, disabled, or abandoned vehicles which exceeds the maximum rates for towing, removing, storage, or dealing with wrecked, disabled, or abandoned vehicles contained in the applicable county ordinance. (4) The division will publish on the Department of Highway Safety and Motor Vehicles’ website a list of the counties which have not established maximum rates for towing and storage of vehicles pursuant to Section 125.0103, Florida Statutes, and of the counties which have adopted such an ordinance but that ordinance adopts the maximum towing rates established by the division, together with the name of the county whose applicable county ordinance has been used by the division to establish maximum towing and storage rates and a link to that ordinance. Such information must be updated whenever a county that previously had not established maximum rates for towing and storage of vehicles pursuant to Section 125.0103, Florida Statutes, does so and each October 1. (5)(a) The applicable type of wrecker for purposes of maximum towing and storage rates for a wrecked, disabled, or abandoned vehicle in response to a call for service, shall be determined based upon the type of wrecker actually used by the authorized wrecker operator to respond to the call for service and the definitions, if any, contained in the county ordinance or municipal ordinance establishing maximum towing and storage rates pursuant to Section 125.0103 or 166.043, Florida Statutes, or in the applicable county ordinance, irrespective of the wrecker types and equipment required for each type of wrecker defined in this rule chapter. (b) If the county ordinance or municipal ordinance establishing maximum towing and storage rates pursuant to Section 125.0103 or 166.043, Florida Statutes, or the applicable county ordinance, does not define each type of wrecker for which a rate has been established, the definitions of the types of wreckers in this rule chapter shall be used to determine the applicable maximum towing or storage rate applicable based on the actual type of wrecker used to respond to a call for service. (6) Any authorized wrecker operator that charges a fee for a particular service or services in excess of the rates established by this rule shall be subject to the sanctions in subsection 15B-9.007(6), F.A.C. (7)(a) Written complaints that rates collected, imposed, or sought for towing and storage of a wrecked, disabled, or abandoned vehicle removed at the division’s request exceed the rates established pursuant to this rule may be filed by the registered owner of the vehicle, lienholders, insurance company representatives, or their agents, whose interest in the vehicle is evidenced by any of the documents listed in Section 713.78(17), Florida Statutes. (b) A written complaint must: 1. Identify the name of the wrecker operator; 2. Provide the tag number, vehicle identification number (VIN), year of manufacture, make, model, color, and name of the registered owner of the wrecked, abandoned, or disabled vehicle which was towed or stored or was to be towed or stored by the wrecker operator; 3. Specify the date and location, from which the wrecked, disabled or abandoned vehicle was towed or was to be towed, by the wrecker operator; 4. Specify the location to which the wrecked, disabled, or abandoned vehicle was towed and the dates the wrecked, disabled, or abandoned vehicle was stored, by the wrecker operator; 5. Provide the location at which the wrecker operator, or a person on behalf of the wrecker operator, collected, imposed, or attempted to collect rates for towing and storage which exceed the rates established pursuant to this rule; 6. Indicate the amount collected, imposed, or attempted to be collected by or on behalf of the wrecker operator for towing and storage of the wrecked, disabled, or abandoned vehicle by the wrecker operator; 7. Provide the date and, if known, the name of the driver, wrecker staff person, or person who, or on behalf of the wrecker operator, collected, imposed, or attempted to collect rates for towing and storage which exceed the rates established pursuant to this rule; 8. Indicate the total amount which the complainant maintains is the amount that the wrecker operator may charge or collect for the towing and storage of the wrecked, abandoned, or disabled vehicle pursuant to this rule; 9. Indicate either the name of county or municipality that adopted the maximum towing and storage rates pursuant to Section 125.0103 or 166.043, Florida Statutes, or the applicable county ordinance, applicable to the towing and storage of the wrecked, disabled, or abandoned vehicle; and 10. Be signed by the complainant and include the date the complaint is filed. (c) Such complaints shall be filed with the troop commander, or her or his designee, of the troop whose boundaries include the zone from which the vehicle was towed. (d) Complaints must be filed not later than sixty (60) days after the collection of, imposition of, or attempted collection of rates for towing and storage by or on behalf of the wrecker operator in excess of the rates established pursuant to this rule. (e) When such a complaint is filed, the troop commander, or his or her designee, shall investigate the complaint and prepare a written report to the division on each allegation contained in the complaint together with a recommendation of any action to be taken by the division against the wrecker operator in connection with each allegation. The report shall include information about any violations and actions previously taken by the division against the wrecker operator pursuant to paragraph 15B-9.007(6)(e), F.A.C. (f) If the investigative report determines that the wrecker operator has charged, imposed or attempted to collect rates for towing and storage in excess of those established pursuant to this rule, the division will pursue administrative action, in accordance with Chapter 120, Florida Statutes, against the wrecker operator to impose the sanctions provided in subsection 15B-9.007(6), F.A.C.