Sec. 804.1303. - Prerequisites to towing or storage, of trespass vehicles or trespass vessels from private property for compensation.
(a) Prior to the towing or storage of any trespass vehicles or trespass vessels from private property for compensation pursuant to this Part, the property owner of the real property and the towing-storage operator shall have executed a written agreement which shall at a minimum contain the following provisions:
1. The name and address of the real property owner requesting the services of the towing-storage operator;
2. The location and description of the property from where any trespass vehicle or trespass vessel will be towed;
3. The duration of the agreement;
4. The time of day that such towing is authorized;
5. The days of the week that such towing is authorized;
6. The address and description of the location to where any trespass vehicle or trespass vessel will be towed and stored with verification that the storage site is authorized under Sections 656.322 and 656.323, Ordinance Code, as may be amended from time to time. Said storage site shall be located within a ten-mile radius from where the tow originates; and
7. The signature of both the real property owner and the owner, or an authorized representative of the towing-storage operator, certifying that each has read and is in compliance with the provisions of F.S. § 715.07, and the provisions of this Part.
Prior to the towing of any trespass vehicle or trespass vessel by a towing-storage operator pursuant to this Part, a copy of the executed agreement described in this subsection, shall be filed by the towing-storage operator with the Jacksonville Sheriff's Office Vehicle Storage and Recovery Unit. The towing-storage operator shall be responsible for advising the Jacksonville Sheriff's Office Vehicle Storage and Recovery Unit within two business days of any changes, amendments, or modifications to, or rescissions of, said agreements. Said agreements shall be nontransferable.
The above requirement of a written agreement shall not apply to the removal of vehicles or vessels from property appurtenant to and obviously part of a single-family residence or where the vehicle or vessel is parked in such a way as to obstruct access to private entrances, exits, drives or loading areas.
(b) Unless excepted from the requirements of F.S. § 715.07, a real property owner must post notice that unauthorized vehicles or vessels will be towed away at the vehicle or vessel owner's expense. A Tow-away sign shall provide only one name, address, and current telephone number of the towing-storage operator authorized to tow from that location. The vehicle or vessel shall only be towed to the address posted on the sign.
(c) A towing-storage operator must maintain a rate sheet listing all fees for, or incidental to, the towing or storage of a vehicle or vessel and must do all of the following:
1. Post the rate sheet at the towing-storage operator's place of business.
2. An identical rate schedule and a complete copy any written contracts with real property owners shall be posted at the storage site.
3. Make the rate sheet available upon request by the vehicle or vessel owner, lienholder, insurance company, or their agent.
4. Before attaching a vehicle or vessel to a wrecker, furnish the rate sheet to the owner or operator of the vehicle or vessel, if the owner or operator is present at the scene of the disabled vehicle or vessel. Any fee charged in excess of those listed on the rate sheet required under this subsection is deemed unreasonable.
(d) No towing-storage operator 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 the towing or storage of trespass vehicles or trespass vessels from any property.
(e) At each incident of a tow pursuant to this Part, the real property owner, or an authorized representative or agent thereof must be present at the time of towing and must sign the authorization at that time. No electronic signatures are allowed. For the purposes of this subsection, no person employed by, or affiliated with the towing-storage operator may act as the real property owner's representative or agent. No pre-approved blank forms or post-approved blank forms are permitted, and use of same shall constitute a violation under this Part.
(f) The towing-storage operator shall, within 30 minutes of the completion of the towing of a trespass vehicle or trespass vessel, notify the Jacksonville Sheriff's Office of the towing; the location from where the tow originated; the storage site; the time the vehicle or vessel was towed; and as to a trespass vehicle: the make, model, year, color, vehicle identification number (VIN), and license plate number; as to a trespass vessel: the make, model, year, color, length, hull identification number (HIN), and registration number. The towing-storage operator; shall obtain the Jacksonville Sheriff's Office case number assigned to the case and the name or badge number of the person at the Jacksonville Sheriff's Office to whom the fact of the tow was reported.
(g) All towed trespass vehicles or trespass vessels shall be towed directly to the storage site owned or leased by the towing-storage operator and shall not be kept in any temporary holding area.
(h) Each towing-storage operator shall staff or monitor its telephone at all times and immediately advise the owner or authorized representative of a stored trespass vehicle or trespass vessel who calls by telephone prior to arriving at the storage site of the following:
1. Each and every document or other item which must be produced to retrieve the vehicle or vessel;
2. The exact charges as of the time of the telephone call, and the rate at which charges will accumulate thereafter;
3. The acceptable methods of payment; and
4. That the vehicle or vessel can be picked up within one hour of request.
(i) The towing-storage operator must produce and make be available an itemized invoice of actual fees charged by a towing-storage operator for a completed tow for the vehicle or vessel owner, lienholder, insurance company, or their agent no later than one business day after:
1. The tow is completed; or
2. The towing-storage operator has obtained all necessary information to be included on the invoice, including any charges submitted by subcontractors used by the towing-storage operator to complete the tow and recovery.
(j) The itemized invoice required under paragraph (i) must contain all of the following information:
1. The date and time the vehicle or vessel was towed.
2. The location to which the vehicle or vessel was towed.
3. The name, address, and telephone number of the towing-storage operator.
4. The name or badge number of the person at the Jacksonville Sheriff's Office to whom the fact of the tow was reported, and the Jacksonville Sheriff's Office case number assigned.
5. A description of the towed vehicle or vessel, including: as to a trespass vehicle: the make, model, year, color, vehicle identification number (VIN), and license plate number; as to a trespass vessel: the make, model, year, color, length, hull identification number (HIN), and registration number.
6. The cost of the initial towing service.
7. The cost of any storage fees, expressed as a daily rate.
8. Other fees, including administrative fees and other fees, as permitted under this Part.
9. A list of the services that were performed under a warranty or that were otherwise performed at no cost to the owner of the vehicle or vessel.
(k) Any service performed or fee charged in addition to those described in subparagraph (j)6. or subparagraph (j)7. must be set forth on the itemized invoice required under paragraph (i). individually as a single line item that includes an explanation of the service or fee and the exact amount charged for the service or the exact amount of the fee.
(l) A towing-storage operator must make the itemized invoice required under paragraph (i) available for inspection and copying no later than 48 hours after receiving a written request to inspect such invoice from:
1. A law enforcement agency;
2. The Attorney General; or
3. The vehicle or vessel owner, lienholder, insurance company, or their agent.
(m) The towing-storage operator shall provide, at the time of payment, a written receipt for all charges imposed and funds received resulting from the towing or storage of a trespass vehicle or trespass towed under this Part. Said receipt shall include at a minimum:
1. The date, time and location of the tow;
2. A copy of the itemized invoice required under paragraph (i); and
3. The date, time, and method of payment of the charges.
(n) A towing-storage operator must retain for three years records produced for all vehicles or vessels towed, stored, or released. Such records must include at least all of the following:
1. The name of the towing-storage operator and the person providing the service;
2. The date, time of departure and location of the origin of the tow;
3. The date, time and destination of storage;
4. As to a trespass vehicle: the make, model, year, color, vehicle identification number (VIN), and license plate number; as to a trespass vessel: the make, model, year, color, length, hull identification number (HIN), and registration number;
5. The Jacksonville Sheriff's Office case number and the name or badge number of the person at the Jacksonville Sheriff's Office to whom the fact of the tow was reported;
6. All notice publications and certified mailings;
7. The purchase price of any unclaimed vehicle or vessel sold;
8. The names and addresses of persons to which vehicles or vessels were released;
9. The names and addresses of vehicle or vessel purchasers;
10. All fees imposed under this Part, including the itemized invoice required under subparagraph (i), of this subsection.
The towing-storage operator shall make such records available to any law enforcement officer during normal business hours.
(o) No towing-storage operator shall tow a vehicle or vessel when there is a natural person occupying the vehicle or vessel.
(p) No towing-storage operator acting under this Part shall tow a trespass vehicle or trespass vessel from within Duval County out of Duval County.
(q) Each towing-storage operator that performs the towing of a trespass vehicle or trespass vessel from private property pursuant to this Part shall have on record a Zoning Certificate Form from the City's zoning office listing their storage yard as a permitted use and shall file a copy of the same with the Jacksonville Sheriff's Office.
(Ord. 2026-358-E, § 3)
