Who sets the rate, and what happens where nobody has
Florida sets no statewide non-consent tow rate. It orders the counties to. Fla. Stat. § 125.0103(1)(c) provides that counties must establish maximum rates for towing vehicles from or immobilizing vehicles on private property, and for the removal and storage of wrecked or disabled vehicles from an accident scene where the owner is incapacitated, unavailable, or leaves the choice of wrecker to the officer at the scene. The same paragraph then adds the displacement rule: if a municipality enacts its own ordinance establishing those maximum rates, the county’s ordinance does not apply inside that municipality. Fla. Stat. § 166.043(1)(c) carries the parallel text in the municipalities chapter.
The direction of authority is worth stating plainly, because it is the opposite of the intuition. The county obligation is mandatory and the municipal one is elective — but the elective ordinance wins where it exists. A single tow can therefore be governed by a city schedule, a county schedule, or neither, and which one applies is a function of where the vehicle was picked up rather than where the operator is based. Miami-Dade, Broward, Orange, Hillsborough and Palm Beach each publish schedules, and the incorporated cities inside them may publish their own on top. This page prints no county or municipal rate figure. Each of those schedules is enacted by ordinance and revised on its own local timetable, and none of them could be confirmed against a first-party government publication while this page was being written. The figure that governs a job is the one in force where the vehicle was picked up, and it should be read from that jurisdiction’s own published schedule on the day of the tow.
Section 125.0103(1)(d) requires any county or municipality that has set maximum rates to publish them on its website and to establish a process for investigating and resolving complaints about fees charged in excess of them. It then supplies the gap-filler: where no such maximum rates have been established, the maximum rates set by the Division of Florida Highway Patrol under § 321.051(2) apply.
That gap-filler is worked out in Fla. Admin. Code r. 15B-9.010, effective January 6, 2026, and its mechanism is unusual enough to be worth reading closely. Where a county has set no maximum rates — or has adopted an ordinance that simply adopts the division’s rates — the division sets that county’s maximums from the applicable county ordinance, defined in rule 15B-9.010(2)(b)1. as the ordinance with the lowest base rate enacted under § 125.0103 by a county that is contiguous to it and within the same troop boundaries. If no contiguous county within the troop has such an ordinance, the applicable ordinance is that of the nearest county within the troop boundaries. Rule 15B-9.010(4) requires the division to publish the list of affected counties, the county whose ordinance was borrowed, and a link to it.
Rule 15B-9.010(2)(b)2. defines base rate narrowly: the single and basic charge for a Class A wrecker, or for towing a vehicle of 10,000 pounds gross vehicle weight or less directed by a governmental agency, exclusive of every other charge — mileage, time at the scene, hourly fees, winching or recovery, labor, administrative fees, storage, or tarping. A county is therefore selected as the donor on one light-duty number, and the whole borrowed schedule follows it.
The one charge a local government may add for itself is capped as a proportion rather than as a dollar amount. Section 125.01047(2)(b) permits a county to impose a reasonable administrative fee on the registered owner or other person in control of the vehicle, not to exceed 25 percent of the maximum towing rate, to cover the cost of enforcement including parking enforcement, where the vehicle is towed from public property. Section 166.04465(2)(b) grants municipalities the same 25 percent authority. In both cases the wrecker operator may collect the fee on the local government’s behalf and must remit it only after it is collected — so the fee passes across the operator’s books without ever becoming the operator’s revenue, and an operator who remits before collecting is funding the county.