Item Coversheet

Resolutions - R7  F




COMMISSION MEMORANDUM

TO:Honorable Mayor and Members of the City Commission 
FROM:Jimmy L. Morales, City Manager 
DATE:September  29, 2020
 



SUBJECT:

A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING THE ATTACHED AMENDMENT TO THE ADMINISTRATIVE RULES AND REGULATIONS FOR THE POLICE DEPARTMENT AND PARKING DEPARTMENT TOWING PERMITS; SAID AMENDMENT PROVIDING FOR THE REQUIREMENTS OF FLORIDA STATUTES SECTION 323.002 (HOUSE BILL NO. 133). 


RECOMMENDATION

Adopt the Resolution.

BACKGROUND/HISTORY

On September 18, 2020, Governor Ron DeSantis signed House Bill No. 133 into law.

 

The Administrative Rules and Regulations for the Police Department and Parking Department Towing Permits, Section 3, entitled, Permit Fee/Monthly Billing, is in conflict with enacted House Bill No. 133. Therefore, an amendment to the Administrative Rules and Regulations for the Police Department and Parking Department Towing Permits is required in order to comply with the law by October 1, 2020.

ANALYSIS

Section 3, entitled Permit Fee/Monthly Billing is the section of the towing permit requiring an amendment. For ease of reference, please see the amendment language below.

 

3.         PERMIT FEE/MONTHLY BILLING

 

Pursuant to Section 323.002, Florida Statutes, in addition to the maximum rates that may be charged by the Permittee under Section 22 herein, the City shall charge a Permit Fee of $30.00 on the registered owner or other legally authorized person in control of the vehicle or vessel that is towed (“Permit Fee”). The City hereby appoints Permittee as its agent to impose and collect the Permit Fee on behalf of the City. Permittee shall pay remit to the City a any monthly Permit fee Fee collected by the 20th of each month for all Permit Fee’s collected during the previous month, in the amount of $30.00; for each vehicle towed. The monthly Permit fee Fee shall be reduced to $25.00 for each vehicle towed that receives a Miami Beach Resident Discount pursuant to Section 22.M herein.

 

The City shall bill Permittee by the 10th of each month for all tows occurring in the previous month. A late charge of $50.00, plus the greater of (i) eighteen percent (18%) interest per annum, or ii) the maximum rate allowable under Florida law, shall be assessed on all payments received after the 20th day of the billing month.

 

Payments to the City shall be by check and remitted to the City of Miami Beach Finance Department (Revenue Section). Checks shall be clearly marked “Police Tow” or “Parking Department Tow.”

CONCLUSION

The Administration recommends that the Mayor and City Commission adopt the resolution approving the Amendment.

Applicable Area

Citywide
Is this a "Residents Right to Know" item, pursuant to City Code Section 2-14? Does this item utilize G.O. Bond Funds?
Yes No 
Legislative Tracking
Parking

ATTACHMENTS:
Description
Letter from Ralph Andrade
Chapter 2020-174 House Bill No 133
Resolution