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 Broward County, Florida.
“Unauthorized vehicles” are subject to being towed from private property. Sec. 20-176.12(q). An unauthorized vehicle “shall mean any vehicle that is parked in violation of the rules of the subject parking lot, the regulations provided herein, or any other local rule, law, or ordinance.” Id.
In Broward County, a vehicle cannot be towed or immobilized without the prior written consent of the vehicle owner, unless the tow is done in accordance Fla. Stat. 715.07 (discussed in this article) and only when the following requirements specific to Broward County have been met: (1) there is posted notice on the property; (2) the tow company received written instructions from the property owner on whose property the unauthorized vehicle is parked, and (3) there is a written contract between the property owner and the tow company.
Each of these requirements is discussed in detail below.
Notice must be prominently posted on the property and must be continuously maintained on the property for not less than twenty-four (24) hours prior to the towing of the vehicle. The notice must be in the form of a sign, which must be 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.
If there are no curbs or access barriers, not fewer than one (1) sign shall be posted for each twenty-five (25) feet of lot frontage. The sign shall be permanently installed with the bottom of the sign not less than three (3) feet above ground level and the top of the sign not more than six (6) feet above ground level. Sec. 20-176.19(a)(2)(a)(1).
The notice shall clearly display, in light-reflective letters not less than two (2) inches high, on a contrasting background: (a) a warning that unauthorized vehicles will be towed or immobilized at the vehicle owner’s expense; (b) the words “tow-away zone” or “subject to immobilization;” (c) the days of the week and the hours of the day during which vehicles will be towed or immobilized at the vehicle owner’s expense; and (d) the name and telephone number of the person performing the towing or immobilization if there exists a written contract between the property owner and that person for the towing or immobilization of vehicles. Sec. 20-176.19(a)(2)(a)(2).
A business with twenty (20) or fewer parking spaces satisfies the notice requirements by prominently displaying a sign, in light-reflective letters not less than four (4) inches high, on a contrasting background, stating “Reserved Parking for Customers Only – Unauthorized Vehicles Will be Towed Away at the Owner’s Expense” on the parking spot from which the vehicle is proposed to be towed or immobilized. Sec. 20-176.19(a)(2)(a)(3). The sign must have been present for at least twenty-four (24) hours prior to the towing or immobilization of the vehicle. Id.
A posted tow-away zone sign is not required if the property on which the vehicle is parked is part of a single-family residence or if oral or written notice is personally given to the vehicle owner that the property on which the vehicle is to be parked is reserved or unavailable for unauthorized vehicles and is subject to being removed at the vehicle owner’s expense. Sec. 20-176.19(a)(2)(a)(4)(a)–(b).
Even if there is no posted tow-away zone sign, a business owner or lessee, 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; and if a vehicle parked on a public right-of-way obstructs access to a private driveway. Sec. 20-176.19(a)(2)(b).
When ordering the towing or immobilization of a vehicle without the prior written consent of the vehicle owner, the property owner shall provide written instruction specific to each individual vehicle to be towed or immobilized, and shall date and sign such instruction. Sec. 20-176.19(a)(2)(c). The instruction may be sent by electronic facsimile only if the date and time of instruction can be verified on the facsimile. Id.
The requirement for written instructions from the property owner is not satisfied: (1) where the instruction occurs in advance of the actual unauthorized parking of the vehicle; (2) where the instruction is general in nature and unrelated to specific, individual, and identifiable vehicles; or (3) where the property owner giving instruction to tow is an agent or employee of or affiliated with the tow company. Sec. 20-176.19(a)(2)(c).
The person towing or immobilizing the vehicle must have a written contract with the property owner that authorizes such person to tow vehicles from, or immobilize vehicles on, his, her, or its property. Sec. 20-176.19(a)(2)(d).
Maximum and allowable rates for nonconsent towing and immobilization are established by Broward County. Vehicle owners cannot be charged in excess of the maximum allowable rates established. Sec. 20-176.22.
Persons who immobilize or tow vehicles in Broward County without the consent of the vehicle owner must:
(1) accept cash, credit card, and debit card payments from the vehicle owner. Sec. 20-176.19(b)(2).
(2) wear an identification tag stating the full name of the company and the natural person performing the service. Such identification shall be displayed on the person’s shirt. Sec. 20-176.19(c).
(3) maintain a towing or immobilization invoice or manifest approved by Broward County, or tow sheet issued by a police agency, for each tow and immobilization undertaken. A copy of the applicable invoice, manifest, or tow sheet shall be given to the vehicle owner at the time of payment. Sec. 20-176.19(b)(5).
(4) act in a professional manner when performing licensed services, be knowledgeable of the rights of the individual who has had or is about to have a vehicle towed or immobilized, and answer any and all questions to the best of their ability. Sec. 20-176.19(b)(7).
(5) prior to performing the tow, take a photographs of the front and back of the vehicle being towed, a photograph of any existing damage readily seen on the vehicle being towed, and a photograph demonstrating the violation for which the vehicle is being towed. The photographs must be time and date stamped. If the photographs are not taken, the tow company must reimburse the vehicle owner the applicable towing fee. However, photographs are not required when towing a vehicle upon the instruction of a police officer. Sec. 20-176.19(b)(8).
(6) within 30 minutes after completing the tow, notify the Broward County Sheriff’s Office or other law enforcement of: (a) the storage site to which the vehicle was transported, (b) the time the service was rendered, and (c) the make, model, color, vehicle identification number, and license plate number of the vehicle. The reporting individual shall obtain the name of the person to whom such information was reported and note that name on the trip record. Sec. 20-176.20(c).
(7) maintain a place of business with a sign that clearly and conspicuously identifies the business to the public. The place of business shall be open to the public, shall maintain a telephone communication system to answer telephone calls 24 hours per day, and shall have office space with at least 1 person on duty from 8:00 a.m. through 6:00 p.m., Monday through Friday. When closed, the office shall prominently post a sign indicating a telephone number where the operator of the site may be reached at all times. Upon receipt of a telephoned request to open the site to retrieve a vehicle, the operator shall return to the site within 1 hour to release the vehicle to the vehicle owner upon payment of the appropriate fee. Sec. 20-176.20(d).
(8) prominently display at each vehicle storage site a schedule of all rates for the recovery of vehicles. The rate schedule must also state the following:
“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 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 pursuant to Chapter 713, Florida Statutes. If you have a complaint about the way services were provided, you may call the Broward County Environmental Licensing and Building Permitting Division.”
The rate schedule shall be posted in the area designated for the vehicle owner to transact business. Such area shall provide shelter, safety, and lighting adequate for the vehicle owner to read the posted rate schedule. Notice shall be posted advising the vehicle owner of the right to request and review a complete schedule of rates for services provided. Sec. 20-176.20(e).
(9) advise any vehicle owner who calls by telephone prior to arriving at the storage site of all of the following: (a) Each and every document or other item that must be produced to retrieve the vehicle. (b) The exact charges as of the time of the telephone call and the rate at which charges accumulate after the call. (c) The acceptable methods of payment. (d) The hours and days the storage area is open for regular business. Sec. 20-176.20(f).
(10) permit every vehicle owner to inspect the towed vehicle immediately upon such person’s arrival at the storage site and before payment of any charges. The vehicle owner must 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. The person working at the site must assist any vehicle owner in doing so. Sec. 20-176.20(f).
(11) upon payment for recovery of a towed vehicle, provide the vehicle owner a consumer bill of rights, which delineates all of the vehicle owner’s rights, including, but not limited to, the rights to contest fees and retrieve items from his or her vehicle. The consumer bill of rights must contain the following sentence in at least size 14 bold, all capitalized font: “IF YOU HAVE A COMPLAINT ABOUT THE WAY SERVICES WERE PROVIDED, YOU MAY CALL THE BROWARD COUNTY ENVIRONMENTAL LICENSING AND BUILDING PERMITTING DIVISION AT 954-765-4400.” The vehicle owner shall be asked to sign proof of delivery of the consumer bill of rights at the time of payment. However, this does not apply when the tow is requested by a police officer. Sec. 20-176.20(i).
Persons who immobilize or tow vehicles in Broward County without the consent of the vehicle owner must not:
(1) tow any vehicle when there is a person occupying it. Sec. 20-176.20(a).
(2) require a release or waiver of any kind, releasing the tow company of liability of any kind, as a condition of the release of the vehicle. Sec. 20-176.20(h).
(3) pay or rebate money, or solicit or offer the rebate of money or other valuable consideration, to obtain the privilege of towing vehicles from a particular location. Sec. 20-176.19(b)(1).
(4) charge for the service if the vehicle owner arrives at the scene prior to the service being completed, except when: (a) The vehicle owner refuses or is unable to remove the vehicle; (b) A complete mechanical connection exists between the vehicle and the towing apparatus, and the vehicle owner refuses to pay a reasonable service fee of not more than one-half (½) of the posted rate for such service. Sec. 20-176.19(b)(3).
(5) tow a vehicle when a visible, valid, and paid receipt is on the front or back windshield (if towing for failure to pay), notwithstanding the rules of the subject parking lot. This does not apply when the tow is requested by a police officer. Sec. 20-176.19(b)(9).
(6) provide lot monitoring services, whether free of charge, at a reduced rate, or at full price, to a property owner, or reimburse a property owner for such services, for the privilege of towing vehicles from or immobilizing vehicles on the property owner’s property. Sec. 20-176.19(b)(10). “Lot monitoring services” shall mean the surveillance of a parking lot for the purpose of determining if vehicles are parking in violation of the rules of the subject parking lot, the regulations provided herein, or any other local rule, law, or ordinance. Sec. 20-176.12(h).
Broward County establishes the rates that tow companies may lawfully charge consumers. The current rates can be found here.
The towing industry in Broward is licensed and regulated by Broward County. If you believe you were wrongfully or illegally towed in Broward County, you should first try to contact the Broward County Environmental and Consumer Protection Division, which handles issues relating to towing.
Broward’s Consumer Protection Division has published a Consumer Bill of Rights for Broward County residents available here. The Division’s contact information follows.
Broward County Environmental and Consumer Protection Division
1 North University Drive, Suite A203
Plantation, FL 33324
954-519-1260
954-765-1700
You can also file a consumer complaint in Broward County against a tow company. Information for doing so can be found here.
If your car was towed in Broward County without your consent and the tow company did not strictly comply with the requirements of Fla. Stat. 715.07 and/or the specific Broward County requirements discussed above, your car may have been wrongfully towed. If so, 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.
Author Gulisano Posted on Categories Civil LitigationAddress
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