Miami-Dade County Ordinances Regarding Towing Cars from Private Property
In a previous article, we discussed the legal requirements under Florida law in which a car can be lawfully towed without the consent of the car’s owner. The article focused on Fla. Stat. § 715.07, which applies throughout the state of Florida.
However, individual counties in Florida have also enacted their own local ordinances, which place additional restrictions on non-consensual tows in those counties. This article focuses on local tow ordinances, which apply in Miami-Dade County.
In Miami-Dade County, a vehicle cannot be towed without the consent of the vehicle owner, unless the tow is done in accordance Fla. Stat. § 715.07 (discussed in this article) and only when the requirements specific to Miami-Dade County have been met. However, please note, these restrictions do not apply if the car was towed at the request of law enforcement, at the request of a city or Miami-Dade County, or at the request of the car’s owner.
These provisions are applicable throughout Miami-Dade County both in the incorporated and unincorporated areas without regard to municipal boundaries and they are not subject to modification by any municipality. Miami-Dade County Ordinance § 30-478. These provisions are “the exclusive regulations applicable to the recovery, towing, and removal of vehicles in Miami-Dade County except … in any municipality that has adopted and maintains in effect ordinances or regulations governing the same matters.” Id.
There are three main requirements in Miami-Dade County for nonconsensual tows from private property, which are discussed in detail below. These requirements are: (1) the tow must be done on the “express instruction” from the property owner on which the vehicle is parked; (2) the tow company must have a written contract with the property owner authorizing it to tow vehicles from the property; and (3) there must be notice posted on the property informing vehicle owners that there car may be towed if parked in that location.
In Order to Tow a Vehicle in Miami-Dade County a Tow Company Must Receive Express Written Instructions from Property Owner
In Miami-Dade County a vehicle can be towed without the consent of the owner “upon the express instruction of a property owner, or his authorized agent, on whose property the vehicle is … parked without authorization or whose operator is unwilling or unable to remove the vehicle ….” Miami-Dade Cnty. Ord. § 30-473(c) (emphasis added). Therefore, whether a non-consensual tow of a vehicle is lawful hinges on whether the tow was done on the “express instruction” of the property owner or someone acting on the property owner’s behalf.
“Express Instruction” is defined as a “clear, definite and explicit request,” “[m]ade in writing by a property owner or duly authorized agent of the property owner to … tow … a specific and individual vehicle parked without permission of the property owner ….” Miami-Dade Cnty. Ord. § 30-461(11)(b) (emphasis added).
Requirements for Prior Written Express Instruction in Miami-Dade County
There are additional requirements for the express instructions. “Every request made in writing … must indicate the date and time of the instruction and must be signed by … the property owner or agent … in the presence of the person providing the requested service.” Miami-Dade Cnty. Ord. § 30-461(11)(b) (emphasis added). The express instruction cannot come from “the person requested to … tow… the vehicle or an employee or agent thereof.” Id.
See also Miami-Dade Cnty. Ord. § 30-474(b) (“The property owner or his authorized agent shall provide express instruction to … tow … the vehicle and shall date and sign such instruction in the presence of the natural person recovering, towing or removing the vehicle. Neither the property owner nor his authorized agent shall be an officer, employee or agent of the person requested to … tow … the vehicle.”).
The express instruction requirement is not met:
- by the mere posting of the notice (i.e. tow away signs) that are also required by law;
- by virtue of the mere terms of any contract or agreement between a tow operator and a property owner;
- where the instruction occurs in advance of the actual unauthorized parking of the vehicle; or
- where the instruction is general in nature and unrelated to specific, individual and identifiable vehicles which are already parked without authorization.
Miami-Dade Cnty. Ord. § 30-474(b).
Exceptions to Miami-Dade County’s Requirement for Prior Express Instruction
Under certain circumstances, a property owner may cause a vehicle to be recovered, towed or removed without incurring liability to the car’s owner for the costs of recovery, towing or removal or storage. Miami-Dade Cnty. Ord. § 30-475(b). Specifically,
- When the property is next to and obviously a part of a single family residence property;
- When notice is personally given to the vehicle owner that the area in which his or her vehicle is parked is reserved or otherwise unavailable for unauthorized vehicles and subject to being removed as the expense of the vehicle owner or authorized person in control of the vehicle;
- When the vehicle has been parked without authorization on the property for more than forty-eight (48) hours;
- In the case of any other unauthorized parking when notice is prominently posted on the property;
- When the vehicle has been parked on the property for the principal purpose of displaying such vehicle for sale.
Id. at (1)–(5).
A Tow Company Must have a Written Contract with the Property Owner in Order to Tow a Vehicle in Miami-Dade County
In addition to requiring express instructions from the property owner, in order to lawfully tow a vehicle in Miami-Dade County, tow operators must have a written contract with every owner of private property who authorizes them to tow vehicles from its property. Miami-Dade Cnty. Ord. § 30-475(a). A vehicle owner may inspect and copy any such contract during business hours. Id. Additionally, a property owner may not request the recovery, tow, removal or storage of a vehicle until he or she has first ascertains the current towing license number of the person providing the service. Id. at (d).
Posted Notice Requirements for Non-Consent Tows in Miami-Dade County
In addition to requiring express instructions from the property owner and a written contract with the property owner, in order to lawfully tow a vehicle in Miami-Dade County, notice must be “prominently posted on the property from which the vehicle is proposed to be removed.” Miami-Dade Cnty. Ord. § 30-474(a). This notice must meet several requirements. The notice must be a sign structure that is “prominently placed at each driveway access or curb cut allowing vehicle access to the property, within five (5) feet from the public right-of-way line.” Id. at (1).
However, if there are no curbs or access barriers, “signs shall be posted not less than one (1) sign each twenty-five (25) feet of lot frontage.” Miami-Dade Cnty. Ord. § 30-474(a)(1). “The sign structure shall be permanently installed with the bottom of the sign not less than four (4) feet above ground level and the top of the sign not more than ten (10) feet above ground level, and shall be continuously maintained on the property for not fewer than twenty-four (24) hours before the towing or removal of vehicles.” Id.
Moreover, the notice must clearly display that “unauthorized vehicles will be towed away at the owner’s expense” in not less than two (2) inches high, light-reflective letters on a contrasting background. Miami-Dade Cnty. Ord. § 30-474(a)(2)(a). The notice must clearly display the words “tow-away zone” in high, light-reflective letters on a contrasting background not less than four (4) inches. Id. at (b). If the property owner only causes vehicles to be towed on certain days of the week or certain hours of the day, the notice must clearly display the days of the week and hours of the day during which vehicles will be towed away at the owner’s expense in light-reflective letters on a contrasting background not less than two (2) inches high. Id. at (c).
If there is a written contract between the property owner and company towing vehicles, the notice must clearly display the name and telephone number of the person performing the towing service, if there exists a written contract between the property owner and that person for the towing of vehicles in light-reflective letters on a contrasting background not less than two (2) inches high. Miami-Dade Cnty. Ord. § 30-474(a)(2)(d). Finally, the notice must clearly display the address of the storage site where towed vehicles are taken in light-reflective letters on a contrasting background not less than one (1) inch high. Id. at (e).
Exceptions to Posted Notice Requirements in Miami-Dade County
The posted notice requirements are NOT required in three instances. First, if the property on which a vehicle is parked is next to and obviously part of a single-family type residence. Miami-Dade Cnty. Ord. § 30-474(a)(3)(a). Second, if notice is “personally given” to the owner or operator of the vehicle that the property on which the vehicle is or will be parked is reserved or otherwise not available for unauthorized vehicles and is subject to being removed at the owner’s expense. Id. at (b). Third, if the property on which a vehicle is parked is owned by a governmental entity and the towing is performed by a towing vehicle owned by the governmental entity, provided the other provisions discussed here are complied with. Id. at (c).
Requirements for the Business Location of Tow Operators in Miami-Dade County
Tow operators shall maintain one (1) or more storage sites, each of which shall be open for the purpose of retrieval of vehicles by owners or owners’ authorized agents on any day that the person providing the service is open for towing purposes, from at least 8:00 a.m. to 6:00 p.m., Monday through Friday. Miami-Dade Cnty. Ord. § 30-474 (f). Except for holidays, the place of business must have at least one (1) person on duty from 8:00 a.m. until 6:00 p.m. Monday through Friday, to answer telephone calls and to be open to serve the public. Id. at § 30-473(g). The place of business shall maintain a telephone communication system to answer telephone calls from the public twenty-four (24) hours a day. Id.
When closed the tow business shall have posted prominently on the exterior of the place of business a notice indicating a telephone number where the operator of the site can be reached at all times. Miami-Dade Cnty. Ord. § 30-474 (f).Upon receipt of a telephoned request to open a site to retrieve a vehicle, the operator of the site shall return to the site within one (1) hour. Persons who provide services pursuant to this section shall release the vehicle to the owner or authorized agent within one-half (½) hour after request is made in person. Id.
At their place of business, tow operators must have a sign that clearly and conspicuously identifies the business to the public. Miami-Dade Cnty. Ord. § 30-473(g). The sign must also contain the following statement:
To The Vehicle Owner—If you believe that you have been overcharged for the services rendered, you do not have to pay your bill to get your car. Instead, you have the right to post a bond in the Circuit Court, payable to (name of person providing service), in the amount of the final bill for services rendered, and file a complaint within five (5) days of the time you have knowledge of the location of the vehicle, and the Court will decide later who is right. If you show us a valid Clerk’s certificate showing that you have posted a bond, we must release your vehicle to you immediately. This remedy is in addition to other legal remedies you may have. F.S. §§ 713.76, 713.78. If you have a complaint about the way services were provided, you may call the Miami-Dade County Consumer Services Department.
Id. at (l).
Other Prohibited Acts and Requirements of Tow Operators in Miami-Dade County
Tow operators cannot tow a vehicle “when there is a living natural person occupying the vehicle.” Miami-Dade Cnty. Ord. § 30-473(e).
Tow operators must “not use physical force or violence or threats of physical force or violence in dealing with the individuals responsible for administering this article or individuals who have had or are about to have their vehicles recovered, towed or removed or stored in connection therewith.” Miami-Dade Cnty. Ord. § 30-473(m).
Tow operators “shall not pay or rebate money, or solicit or offer the rebate of money, or other valuable consideration, to obtain the privilege of rendering such services.” Miami-Dade Cnty. Ord. § 30-473(d).
If the vehicle owner arrives at the scene prior to recovery, towing, or removal of he or her car, tow operators cannot tow the vehicle unless (1) The registered owner or other legally authorized person in control of the vehicle refuses or is unable to remove the vehicle; or (2) A complete mechanical connection exists between the vehicle and the towing or removal apparatus and the registered owner or other person in control of the vehicle refuses to pay a reasonable service fee of not more than half of the posted rate for such towing services as required by this article. Miami-Dade Cnty. Ord. § 30-474(d).
In most instances, tow operators may not store a towed vehicle at a distance which exceeds a ten-mile radius of the location from which the vehicle was recovered, towed or removed. Miami-Dade Cnty. Ord. § 30-474(e). If there is no towing business located within a ten-mile radius, a towed or removed vehicle must be stored at a site within twenty (20) miles of the point of removal. Id. Moreover, tow operators “shall transport the vehicle directly to the storage site of the person providing the service … and shall not keep the vehicle in any temporary holding area.” Miami-Dade Cnty. Ord. § 30-473(f).
Tow operators must advise any vehicle owner or authorized representative who calls by telephone prior to arriving at the storage site: (1) Each and every document or other thing which must be produced to retrieve the vehicle; (2) The exact charges as of the times of the telephone call, and the rate at which charges accumulate after the call; (3) The acceptable methods of payment; and (4) The hours and days the storage site is open for regular business. Miami-Dade Cnty. Ord. § 30-473(i).
Tow operators must permit every vehicle owner or his or her authorized representative to inspect the towed vehicle immediately upon his or her arrival at the storage site and before payment of any charges. Miami-Dade Cnty. Ord. § 30-473(j). The vehicle owner or his or her authorized representative shall be permitted to remove from the vehicle any and all personal possessions inside but not affixed to the vehicle, including but not limited to radios and telephones, and the operator of the storage site shall assist any vehicle owner or authorized representative in doing so. Id. No release or waiver of any kind which would release the authorized representative at the time of retrieval may be required as a condition of release of the vehicle. Id.
Tow operators must accept payment for charges from the vehicle owner or authorized representative in any of at least two (2) of the following listed categories: (1) Cash, money order or valid traveler’s check; (2) Valid bank credit card; or (3) Valid personal check showing on its face the name and address of the vehicle owner or authorized representative. A vehicle owner or authorized representative shall not be required to furnish more than one (1) form of picture identification when payment is made by valid bank credit card or personal check, and said presentation shall constitute sufficient identity verification. Miami-Dade Cnty. Ord. § 30-473(k).
Maximum Rates Tow Companies can Charge in Miami-Dade County
Miami-Dade County establishes the rates that tow companies may lawfully charge consumers. The current rates can be found here.
Miami-Dade County Office of Consumer Protection
The towing industry in Miami-Dade is licensed and regulated by Miami-Dade County. If you believe you were wrongfully or illegally towed in Miami-Dade County, you should first try to contact the Miami-Dade County Office of Consumer Protection (using the contact information below), which handles issues relating to towing.
Miami-Dade County Office of Consumer Protection
601 NW 1 Court, 18th Floor
Miami FL 33136
Consumer Protection – Licensing Section
786-469-2300
Consumer Complaints
786-469-2333
You can also file a consumer complaint in Miami-Dade County against a tow company. Information for doing so can be found here.
Remedies for Wrongful Tows in Miami-Dade County
“Any person who improperly causes a vehicle to be recovered, towed, removed or stored shall be liable to the vehicle owner or his authorized representative for the costs of the services provided, any damages resulting from the recovery, towing, removal or storage and attorney’s fees.” Miami-Dade Cnty. Ord. § 30-475(f).
If your car was towed in Miami-Dade County without your consent and the tow company did not strictly comply with the requirements of Fla. Stat. 715.07 and/or the specific Miami-Dade County requirements discussed above, your car may have been wrongfully towed.
If you believe this is the case but the Miami-Dade County Office of Consumer Protection was unable to help you, you may be able to file a lawsuit to recover the cost of towing and any other damages you sustained. Additionally, the law provides the recovery of attorney fees and court costs if you prevail.