(1) Public Service Rates. Wrecker operators located in zones in which maximum rates for towing and storage of vehicles removed at the division’s request have been established by a county commission or municipal commission pursuant to Sections 125.0103 and 166.043, F.S., or other applicable authority, shall comply with those rates.
    (2) Procedure for setting Rates. The Troop Commander shall establish maximum towing and storage rates for each zone within the troop which is not otherwise covered by rates set by a county or municipality according to subsection (1) above. In determining such rates the troop commander shall consider:
    (a) costs incurred by the wrecker operator in the storage of vehicles, including the rental or purchase of property, insurance premiums, and maintenance of storage facilities;
    (b) costs incurred by the wrecker operator in the removal of vehicles including maintenance and operation of wrecker units;
    (c) prior or existing contracts between wrecker services and governmental agencies for the removal and storage of vehicles;
    (d) towing and storage charges currently imposed by wrecker services for rotation and owner’s requests calls.
    (3) Rates set by the Division shall consist of the following rate schedule. Separate rates may be established for each tow truck classification (A, B, C, roll-back).
    (a) “”Base Rate”” – The basic charge for responding to a call within a 10-mile radius from the wrecker operator’s place of business. It includes attaching to the disabled vehicle and towing it to the place of storage. It also includes no more than a 30-minute wait at the accident scene before commencing actual retrieval. Any waiting time at the scene beyond 30 minutes may be charged at the hourly rate as defined below. Mileage traveled, in going to the scene or in returning to the place of storage, which is beyond the 10-mile radius from the operator’s place of business may be billed at the applicable mileage rate.
    (b) “”Hourly Rate”” – The per hour charge for use of a wrecker in retrieving submerged vehicles, upright overturned vehicles, retrieval from ditches or the attachment of dollies. It does not include travel time or the first 30 minutes of working or waiting time on the scene. There shall be no separate charge for winching.
    (c) “”Mileage”” – The rate charged per mile for travel or towing outside of the 10-mile radius from the wrecker operator’s place of business.
    (d) “”Daily Outside Storage Rate”” – The daily rate for storing a vehicle in outside storage based on a 24-hour day, each day starting at 12:01 a.m. The initial six hours of storage shall be without charge pursuant to Section 713.78(2)(c), F.S. Thereafter, the daily rate will apply and any fraction of a day will count as a full day.
    (e) “”Daily Inside Storage Rate”” – The separate rate charged for inside storage according to the same criteria as that set forth above for outside storage.
    (4) A maximum of $30.00 may be charged to the owner/driver of a vehicle towed or stored for the preparation, filing or mailing of any forms required by Florida Statutes, local ordinance or the Division, if a vehicle is in storage for more than 24 hours. This paragraph does not apply to any action initiated by a wrecker operator to foreclose a lien recognized by Florida law.
    (5) Any wrecker operator qualified under these rules who charges a fee for a particular service or services in excess of the rates established by this rule will be subject to sanctions as set forth in Fl. Admin. Code R. 15B-9.008 A wrecker operator shall not charge the base towing rate fee for a call resulting in service only to a disabled motorist which does not involve towing the vehicle from the scene.
Rulemaking Authority 321.02, 321.051 FS. Law Implemented 321.051, 321.05(1) FS. History-New 10-15-92.