Southern Wrecker & Recovery is a leading towing company in Jacksonville, FL and contributed to this story on what consumers should know about Florida towing law.
As simple as it may seem to move someone’s vehicle from a property, the laws regulating towing in Florida prescribe clear restrictions and circumstances when it’s within someone’s right to have a vehicle moved explains Southern Wrecker & Recovery in Jacksonville, FL. These statutes include provisions for law enforcement, emergency services, and private landowners, however, towing companies are also beholden to certain regulations.
Southern Wrecker & Recovery of Jacksonville, FL reviews that if a towing company moves a vehicle without first informing the owner and the vehicle is not violating the terms of Florida Statute § 715.07, the company is technically in violation of the vehicle owner’s rights. To better understand the many provisions of the Florida legal code, Southern Wrecker & Recovery of Jacksonville, FL reviews below when it is and isn’t legal to have a vehicle moved.
Towing a Vehicle on Private Property
Florida Statute § 715.07 defines the legal grounds for removing or towing a vehicle that has not been granted permission to park on private property. According to the statute, though, the removal of the vehicle must fall in line with the following regulations:
- Property managers must provide a clear notice notifying that a vehicle may be towed if it is parked on private property other than a private, single-family residential home.
- The vehicle must be towed by a professional towing company that is working under a current towing license.
- The vehicle may not be towed farther than 10 miles from its original location in a jurisdiction with a population greater than 500,000 or a distance farther than 15 miles in a jurisdiction with a population below 500,000.
- If there are no available towing companies within the area, a private individual may tow the vehicle, however, they may not move the vehicle farther than 20 miles away.
- The towing party must notify the local police department that they have moved the vehicle within 30 minutes of towing the offending vehicle.
- If the owner of the vehicle arrives to claim it while it is being towed, the tower must stop and agree to return the vehicle for a sensible service fee.
Southern Wrecker & Recovery of Jacksonville, FL reviews that if a vehicle is towed without meeting these requirements, the owner of the vehicle may have grounds to file a complaint or wrongful towing lawsuit against the towing company.
Towing a Vehicle on Public Property for Law Enforcement or Emergency Purposes
Florida Statute § 713.78 defines when a law enforcement officer or emergency service worker may have a vehicle removed from public property. These reasons for towing include:
- The vehicle is abandoned
- The vehicle is blocking a fire hydrant, handicap access, or other public infrastructure
- The vehicle is blocking traffic
- The vehicle is illegally parked in a handicap spot
- The vehicle is parked in a no-parking zone
- The vehicle is stolen
- The vehicle has been involved in a crime or used for illegal activities
- The vehicle is a danger to public safety
Southern Wrecker & Recovery of Jacksonville says that if a vehicle is towed for any of these reasons, the towing company is not required to notify the owner of the vehicle prior to towing. However, the towing company is required to notify the local law enforcement agency that they have towed the vehicle within 30 minutes of removing it.
Florida Towing Laws and Repossessions
Under Florida law, a vehicle may be towed without the owner’s consent if they have failed to pay their lease or if they have fallen into default on a prior loan. This is not covered under Statutes § 713.78 or § 715.07, though.
In this circumstance, Southern Wrecker & Recovery of Jacksonville, FL reviews that the towing party is not required to provide prior notice to the vehicle owner and can enter the owner’s property freely, as long as they do not use violence. After repossessing the vehicle, the towing party is not required to report the event to the police, as the vehicle is technically still their property.
Getting a Towed Vehicle Back
Southern Wrecker & Recovery of Jacksonville, FL reviews that if a vehicle owner has their car, truck, or van towed without their consent under the provisions discussed above, they will likely have to pay a towing and storage fee to get their vehicle back. The towing company is allowed to charge a daily storage rate, in addition to a reasonable service fee for the towing.
Southern Wrecker & Recovery explains that if the towing company does not release the vehicle to the owner after being paid the towing and storage fees, the owner may file a complaint with the local police department. The owner may also file a civil lawsuit against the towing company for damages, as well as attorney’s fees and court costs.
Conclusion
The towing of a vehicle is a serious matter and should only be done in accordance with the law. If a towing company or individual tows a vehicle without following the proper procedures, the vehicle owner may have grounds to file a complaint or civil lawsuit.
