Cocoa Beach enacts emergency ban on vehicle booting pending permanent rules

The Cocoa Beach City Commission on Sept. 4 adopted an emergency ordinance temporarily prohibiting the immobilization (booting) of vehicles on private property while the city develops a permanent regulatory scheme.

City staff said the emergency measure responds to reports that some operators had begun using boots in lieu of towing, and that booting is not regulated by Florida state law in the same way towing is. City Attorney and staff told the commission the emergency ordinance fills a regulatory gap while a permanent ordinance is drafted for consideration in a future meeting.

The emergency ordinance mirrors prior emergency action the commission took recently on towing and updates definitions, exceptions and enforcement language to address immobilization devices. Staff said the longer-term permanent ordinance will include additional consumer protections such as signage and other safeguards similar to those being proposed for towing.

Commissioners discussed predatory practices and emphasized that the city's intent is not to prevent private property owners from seeking relief when vehicles are parked in violation of property rules, but rather to prevent predatory immobilization practices while ordinances are being refined. The emergency ordinance includes an effective date upon adoption and will remain in place until the commission adopts a permanent ordinance through the regular ordinance process.

The emergency ordinance passed on roll call with all voting members recorded as voting aye; staff said a permanent ordinance is expected to be scheduled for first reading at an upcoming meeting with required advertising and notice.