In Florida, property owners and businesses are allowed to tow vehicles off their property once parked without permission. Tow corporations must report the tow to police. If you arrive before your automobile is towed away, the tow company must release the automobile to you upon payment of a reasonable service charge.
Watching the tow truck drive away with your car or returning to your parking spot only to find it missing could be a terrible feeling, especially if you think that your automobile was taken unjustly. In Florida, property owners and businesses are allowed to tow vehicles off their property when parked without permission. However, tow corporations must report the tow and where the vehicle is stored to police within a half-hour of completion. If you arrive before your automobile is towed away, the tow company must release the automobile to you upon payment of a reasonable charge.
Authority to Tow a Vehicle
Florida law authorizes a party who owns or leases property, including condominium associations, or their authorized representatives, to tow a vehicle off the premises if it’s parked there without permission. However, there must be a prominent notification on the premice on the premises indicating its tow away zones before any vehicle being towed away.
This requirement does not apply to single-family residences. The law also applies to vessels, which Florida law defines as a “watercraft, barge, and airboat used or capable of being used as a way of transportation on water.” Businesses might also authorize the towing of a vehicle if it’s parked in a manner that restricts the business’s normal operation or obstructs access to a private driveway.
Police Notification and Storage
The person or company that tows a vehicle should notify the local police or sheriff’s department of the tow within a half-hour of completion and identify the storage facility where the automobile was taken. the facility should permit its owner or another licensed person to pick up the automobile between the hours of 8:00 a.m. and 6:00 p.m. on any day the towing company is open for business. once the business is closed, the location should post the telephone number where the operator of the facility is reached at any time of the day.
Caught in the Act of Towing
If you arrive back at your automobile while it’s in the process of being hooked up and towed away for being parked unlawfully, Florida law needs the towing party to stop. He then should return the vehicle to you upon the payment of a reasonable service charge, that can’t be over one-half of its current tow rates, and provide you with a receipt. If you’re unable to pay the fee, the tow company will proceed to tow away your vehicle.
Car Repossessions due to Loan Default
If you fail to make the payments needed by your car loan, you’re in default and FL law gives the loaner the right to repossess the vehicle at any time and without warning. The party authorized to tow your vehicle can even come onto private property to do so, however, it cannot use, or threaten to use physical force.
Once the loaner has custody of the vehicle, it may keep the automobile or sell it by public or non-public sale to recoup the money owed, however, it should advise you of what option it chooses. If the sale does not cover all money due, the loaner will pursue you for the balance owed. in addition, it must provide you with written notice of all personal things retrieved from the vehicle and where they’re holding on within 5 days of retrieval. If the property is scheduled to be destroyed, the investor must advise you a minimum of forty-five days before and provides you a chance to retrieve it.
We hope that you found this article useful and if you ever get charged with a Traffic Violation please contact our office to speak with one of our traffic law specialists and get a Free Consultation.
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