When Can a Tow Company Sell My Car in Florida?

When Can a Tow Company Sell My Car in Florida?

In a previous article we discussed Fla. Stat. §715.07, which governs the requirements for a non-consensual tow of a car from private property in Florida.

This article discusses Fla. Stat. § 713.78, which grants a towing-storage operator (tow company) a lien on a towed vehicle for reasonable towing and storage charges incurred, if the tow was done at the request of the property owner from which the vehicle was towed (in other words, a non-consensual tow, which must comply with Fla. Stat. §715.07), at the request of law enforcement, or at the request of the vehicle’s owner. Fla. Stat. § 713.78(2)(a)–(d).

Fla. Stat. § 713.78 also sets forth the procedure by which a towing-storage operator can enforce a lien by public sale, if vehicle’s owner does not recover their vehicle within the time set by law. Fla. Stat. § 713.78(4). If the car is more than 3 years old, it can be sold by the tow company if the car remains unclaimed after 35 days. Fla. Stat. § 713.78(6). If the car is less than 3 years old, it can be sold by the tow company if the car remains unclaimed after 50 days.

Fla. Stat. § 713.78 provides that a person “who claims a lien for recovery, towing, or storage services” must give notice to the registered owner of the vehicle, the insurance company insuring the vehicle, and to all persons claiming a lien against the vehicle. Fla. Stat. § 713.78(4)(a). The tow company is required to check public records to obtain this information. Id.

The notice must be sent to these potential stakeholders “within 7 business days after the date of storage of the vehicle[.]”Fla. Stat. § 713.78(4)(c) (emphasis added). The notice of lien may also include the date on which the vehicle will be sold at auction. Id. If it does, the notice must also be sent 30 days or more before the sale of the vehicle. Id. In addition, the notice of lien must be sent by certified mail and disclose the following:

1. The last 8 digits of the vehicle’s VIN number … clearly printed in the delivery address box and on the outside of the envelope sent to the registered owner and all other persons claiming an interest therein or lien thereon.
2. The name, physical address, and telephone number of the business where the towing and storage occurred, which must also appear on the outside of the envelope sent to the registered owner and all other persons claiming an interest in or lien on the vehicle.
3. The fact of possession of the vehicle.
4. The name of the person or entity that authorized the tow company to take possession of the vehicle.
5. That a lien is claimed.
6. That charges have accrued and include an itemized statement of the amount thereof.
7. That the lien is subject to enforcement under law and that the owner or lienholder, if any, has the right to a hearing.
8. That any vehicle that remains unclaimed, or for which the charges for recovery, towing, or storage services remain unpaid, may be sold free of all prior liens 35 days after the vehicle is stored by the tow company if the vehicle or vessel is more than 3 years of age or 50 days after the vehicle is stored by the tow company if the vehicle or vessel is 3 years of age or less.
9. The address where the vehicle is physically located.

Fla. Stat. § 713.78(4)(c)(1)–(9) (emphasis added). If the tow company’s attempts to locate the name and address of the owner prove unsuccessful, the towing-storage operator shall, after 7 business days after the initial tow or storage, notify the public agency of jurisdiction where the vehicle is stored in writing by certified mail or acknowledged hand delivery. Fla. Stat. § 713.78(4)(e).