Drivers parked illegally pose problems for private property owners: they take up valuable customer parking or block residents from parking in their own spots. Fortunately, Florida law allows private property owners to have unauthorized vehicles towed from their property. If you own property and someone has parked there without authorization, it’s important to know the law before making the call for a tow truck.
Section 715.07, Florida Statutes
If you’re a private property owner, there are specific requirements you have to follow, as set by Section 715.07, Florida Statutes. Before you can even think about towing, you almost always have to have a towing notice posted on the property. Then, you must have the vehicle towed by someone engaged in the business of towing—that means an actual towing company, not your brother and his truck! You also have to practice fair towing practices. No matter how much you might want to teach someone a lesson, you can’t have their vehicle towed outside a certain radius. The exact towing radius is outlined in the Statutes and depends on the population of your county and the location of the nearest towing company.
There are a few more specific requirements to meet. You have to use a towing company that’s open between the hours of 8 a.m. and 6 p.m. (on days they do business) so that the car owner can retrieve their vehicle. Additionally, the person who authorizes the towing is required to notify the police or sheriff within half an hour of completing the job. That notification must include the towing company information, time of towing, and vehicle information.
What Constitutes Improper Towing?
Just because someone is parked in your lot doesn’t mean it’s always okay to have them towed. If you represent a condominium association, you’ll need to be especially careful, as parking requirements and visitor parking can vary. It’s always best to double check your governing documents before towing. If you improperly tow a vehicle, the owner is entitled to compensation for the cost of removal, transportation, and storage—plus any damages, attorneys’ fees, and court costs—which will come out of your pocket. Improper towing can even come with misdemeanor or felony charges, depending on the situation.