Legal Blog

Legal Basics for Towing in Florida

Anyone towing a vehicle in Florida without the consent of the owner must strictly comply with the requirements of Fla. Stat. § 715.07. This law only applies to non-consensual towing from private property, not to towing requested by the police. Id. at (3). With that said, the statute imposes several requirements on tow company operators.

These requirements are the minimum standards in Florida and the law does not preclude enactment of additional regulations by any municipality or county. Fla. Stat. § 715.07(2)(b). For example, the amount tow trucks can charge are often regulate rates set at the city or county level.

Prior Notice to Vehicle Owner

For the towing to be lawful, there must be a notice posted meeting several requirements. Fla. Stat. § 715.07(2)(a)(5). The notice must be prominently placed on the property. Id. at (a). The notice must clearly indicate that unauthorized vehicles will be towed away at the owner’s expense. Id. at (b). The words “tow-away zone” must be included on the sign. Id. The notice must also provide the name and current telephone number of the person or firm towing or removing the vehicles. Id. at (c).

Provided the proper notice is posted, a business owner may authorize the removal of a vehicle by a towing company when the vehicle “is parked in such a manner that restricts the normal operation of business.” Fla. Stat. § 715.07(2)(a)(5). The person authorizing tows cannot be paid by the tow company. Id. at (a)(4). The tow company also cannot pay the property owner for the privilege of towing. Id.

There is always an exception. Even if there is no posted tow-away zone sign, if a vehicle parked on a public right-of-way, obstructs access to a private driveway, the owner may have a towing company remove the vehicle by signing an order that the vehicle be removed. Fla. Stat. § 715.07(2)(a)(5).

Notice to Law Enforcement

The tow company must notify the police within 30 minutes of completing a towing and provide certain information about the vehicle. Fla. Stat. § 715.07(2)(a)(2). If you park and your car is gone when you return to where you originally parked it, contact the local police department or sheriff’s office to report the vehicle as missing. Local law enforcement will be able to tell you whether your vehicle has been towed and, if so, which towing company towed the vehicle and where your vehicle is stored.

Tow truck companies must provide local law enforcement a complete copy of the current rates to be charged for its services. Fla. Stat. § 715.07(2)(a)(6). They must also post an identical rate schedule at the storage site and on any written contracts with property owners who authorize them to remove vehicles. Id.

Towing and Distance of Tow

If you return to your vehicle while it is still in the process of being towed, the tow truck driver must agree to lower the vehicle and can only charge you up to one-half of the posted rate for the towing or removal service. Fla. Stat. § 715.07(2)(a)(3). If the tow truck operator does not agree to do this, your vehicle may have been illegally towed.

Any towed or removed vehicle must be stored at a site within a 10 to 30 mile radius of the place it was removed. The exact radius depends on the size of the County where the vehicle was removed. Fla. Stat. § 715.07(2)(a). If your vehicle was taken to a storage location that is too far from the location of the tow, your rights may have been violated.

Tow Trucks and Tow Yards

Tow trucks or other vehicles used in the towing or removal must have the name, address, and telephone number of the company clearly printed in “contrasting colors on the driver and passenger sides of the vehicle.” Fla. Stat. § 715.07(2)(a)(7). The name must be in at least 3-inch permanently affixed letters, and the address and telephone number in at least 1-inch permanently affixed letters. Id.

The tow yard must be open for vehicle owners to get their vehicles back on any day that the person or firm towing such vehicle or vessel is open for towing purposes, from 8:00 a.m. to 6:00 p.m. Fla. Stat. § 715.07(2)(a)(1). When the tow yard is closed, it must prominently post a sign indicating a telephone number where the operator of the site can be reached at all times. Id. Upon receiving a telephoned request to open the site to redeem a vehicle, the operator must return to the site within 1 hour. Id.

A towed vehicle must be released to its owner or custodian within one hour after requested. Fla. Stat. § 715.07(2)(a)(9). The vehicle’s owner or agent has the right to inspect the vehicle before accepting its return. Id. The tow yard cannot hold your vehicle hostage by requiring you to sign a release or waiver of any kind, which would release their liability for damages noted by the owner or agent at the time of the redemption. Id. Whether requested or not, a detailed, signed receipt showing the legal name of the company towing or removing the vehicle must be given, at the time of payment, to the person paying the charges. Id.

Remedies for Vehicle Damage Caused by Towing

Tow companies are liable for any damage negligently caused to the vehicle. Fla. Stat. § 715.07(2)(a)(8). Therefore, if your vehicle was damaged in the towing process, you may recover the costs to repair your vehicle.

Remedies for Improper Towing in Florida

If the towing did not strictly comply with Florida law, vehicle owners are entitled to damages and they can additionally recover their costs and attorney fees. See Fla. Stat. § 715.07(4) (“When a person improperly causes a vehicle or vessel to be removed, such person shall be liable to the owner or lessee of the vehicle or vessel for the cost of removal, transportation, and storage; any damages resulting from the removal, transportation, or storage of the vehicle or vessel; attorney’s fees; and court costs.”).

Illegal and Wrongful Towing in Florida

Illegally towed vehicles are becoming more and more common in South Florida and throughout the State of Florida. If your car was towed but you suspect one or more of the above provisions were violated you should contact the police since violations of Fla. Stat. § 715.07 are misdemeanors or felonies.

Alternatively, if the police will not assist you from being victimized by predatory tow drivers you can follow the options listed in the following article, Help my Car was Towed! What Can I Do?

Broward County Specific Regulations on Towing

The following is only a summary of the specific tow regulations that apply in Broward County. However, we addressed Broward County’s tow regulations in detail in this post.

The rules and maximum tow rates apply countywide except in cities where different tow regulations have been established.

• Your car may not be towed unless a representative of the property owner authorizes it at the site or by fax, time-stamped before the tow and specifying your vehicle.
• If you return to your car before it has been towed away, you may retrieve it for $50. If it has not been hooked up to the tow truck, you cannot be charged anything. Get in it and leave.
• Your car may not be towed if a person is inside it.
• You have the right to be handled by tow operators without the use of profane language, physical force, or violence
• The tow yard must be within a 10-mile radius of the location where your car was towed.
• You have the right to retrieve possessions from the car.
• You have the right to be advised over the phone what documents you will need to get the vehicle and how much you owe.
• You may not be charged more than $100 for the base tow (except oversized vehicles). If your car was held by the tow company for less than six hours, you may not be charged for storage. Thereafter, storage is $24 a day or any portion thereof, starting when it arrived at the tow yard. If your car was held for less than 24 hours, you may not be charged an administrative fee. Thereafter, the fee is $30, if the tow company must perform research to determine the car’s ownership.
• If you pay with cash, you have the right to be given change. If you pay by credit card, you cannot be charged an extra fee, and you need only show one government-issued ID.
• You have the right to receive an invoice itemizing the charges and revealing the name of the person who approved the tow. The rates must also be posted at the tow yard. The invoice must inform you whom to call to file a tow complaint.

Palm Beach County Specific Regulations on Towing

The following is only a summary of the specific tow regulations that apply in Palm Beach County. However, we addressed Palm Beach County’s tow regulations in detail in this post.

The rules and maximum tow rates apply countywide except in cities where different tow regulations have been established.

• Your car may not be towed unless a representative of the property owner authorizes it in person at the site or by fax.
• If you return to your car before it has been towed away, you may retrieve it for $60.50, payable by cash, credit or debit card or personal Florida check. If it has not been hooked up to the tow truck, you cannot be charged.
• Your car may not be towed if a person is inside it.
• You have the right to be advised over the phone what documents you will need to get the vehicle and how much you owe.
• The tow yard must be within a 10-mile radius of the location where your car was towed, unless there is no licensed tow company located in that area, in which case the tow yard can be 20 miles away. Tow yards must be properly lighted and guarded.
• You have the right to receive a tow manifest revealing the name of the person who approved the tow.
• You may not be charged more than $121 for the base tow (except oversized vehicles). If your car was held by the tow company for less than six hours, you may not be charged for storage. Thereafter, storage is $25 a day or any portion thereof, starting when it arrived at the tow yard. If your car was held for less than 24 hours, you may not be charged an administrative fee. Thereafter, the fee is $50, if the tow company must perform research to determine the car’s ownership. For after-hours retrieval, the fee is $35.
• You have the right to pay with cash, money order, valid traveler’s check, bank debit/credit card, or personal Florida check.
• You have the right to retrieve your license plate and personal items from inside the towed vehicle, if you are the owner or authorized driver. If you are the owner and you show ID, you have the right to get into your car to view ownership documents stored in it. If your ID and ownership documents are inside the vehicle, the tow company must recover them if you give them a key to the car.
• You have the right to access information about a tow company’s consumer dispute history, business background, and disciplinary citations, if any.
• You have the right to be handled by tow operators without the use of abusive language or discourtesy, the use of physical force or violence or threats of it.
• Tow companies are not be allowed to operate in Palm Beach County if the owner doesn’t pass a criminal background check including being free in the last 10 years of conviction, guilty plea or no-contest plea for carjacking, operating a chop shop, and other auto-related crimes.

Miami-Dade County Specific Regulations on Towing

For a detailed discussion of the specific tow regulations that apply in Miami-Dade County, please see our post on the subject.