Car Booted on Private Property

Florida:

I recently had my unregistered car booted by the university at which I work due to unpaid parking tickets. I was parked in a visitor's parking space (near posted towing warnings, no mention of boots,) but lacked a visitor's permit. I discovered this after work, and so went about changing the tire out for a spare so that I could drive home. During this process, I was stopped by campus security who insisted that I was committing a felony by attempting to remove the device, and insisted that I cease changing the tire and discuss the situation with a supervisor, or the police would be summoned. He refused to remove the boot when I asked that he do so. Not knowing my legal standing at that point with regards to the boot removal (but figuring that I'd be trespassed/towed pretty quick if I didn't comply,) I opted to negotiate with the supervisor. End result-- I left without paying anything, and my parking privileges were revoked with prejudice. Best possible solution, from my perspective.

That said, I have not been able to find any legal information governing the booting of cars by private entities on private property in Orange County, Florida. Towing is regulated by statute, but as far as I can find, booting is not even mentioned. In the absence of such legal license from the municipality, wouldn't the booting of my unregistered (which is to say that I did not enter into any contracts granting the school any additional rights regarding my property) car be a criminal act?

Please forgive any glaring legal idiocy in my post, as I am an undergraduate English major. If I can clarify anything or more information is needed, please say so.

Thanks for the help.

We don't know either that the security officers are a "private entity", as they may be operating under the auspices of a campus (or other) police department; we also don't know that the college at issue is private, as you haven't told us what college is involved. You mention the county, but you haven't given us enough information to know whether it would be county ordinances or a locality's ordinances (or another relevant body of law) that governs. Please fill us in.

I apologize, let me know if I omitted any other relevant information:
1. The college is a private institution in Winter Park, Florida.
2. The security officers who immobilized my car were employees of said private institution. At no point did I interact with any public servant or officer in the course of these events.

What other information is necessary to determine which body of law in in effect?

so, just so this is clear;

You were on private property, yes?

you were parking where you were not entitled to park and as such, you were trespassing, yes?

you apparently had been ticketed many times for parking violations at the school, yes?



this exercise didn't cost you anything, correct?


you would have been much happier if they had your car towed which would have cost you $50+ dollars (on the really low end) as well as having to find transportation to wherever you car was stored, yes?

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wouldn't the booting of my unregistered (which is to say that I did not enter into any contracts granting the school any additional rights regarding my property) car be a criminal act?

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It could be but without all the rules imposed upon you as an employee or a visitor, it is impossible to determine.

Next time you park illegally on the property, simply leave a note telling them to not boot your car but call the police, have you ticketed for trespass and tow the car away.

I appreciate your candor, but I don't believe that I should have to express a preference to be treated in accordance with the law.

Either way, I'm not here to find out if I "have a case". I am here to educate myself about the legal system which impacts my life and community-- something I'm admittedly ignorant of. To that end:

My status as an employee is a complicating factor, granted. While I never signed anything specifically stating that I granted license to the school to immobilize my vehicle, there may have been some aspect of my employment agreement which is interpreted as giving them that license. I doubt it, but it's possible.

Regardless, they do not only immobilize employees and students. All vehicles are subject to immobilization by campus security after repeated violation of their parking policies. So while my particular situation might have been different, it is clear that the same thing could happen to anyone on campus.

So my initial question remains: is the private college within its rights to immobilize vehicles parked on its property?

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So my initial question remains: is the private college within its rights to immobilize vehicles parked on its property?]

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I can find nothing that would make it illegal.

Read this and (I assume) this.

let's see. This is from the schools info:

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Immobilization
The Campus Security Department utilizes immobilization devices (boots) to aid with the enforcement of college parking policies. Your vehicle may be immobilized if you have accumulated three or more citations, paid, unpaid or appealed.

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and this is taken from the state law:

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Exemptions. This section shall not apply to to

(2)
With the consent of the vehicle's owner or operator;

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I will presume the OP had notice of the policy. Not only is it available on the website, most employers include such provisions in an employee handbook. I would see parking in the lot and having knowledge of the policy would be implied consent.

Thank you very much, this information is what I had not been able to find.

Under subsection e:

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(4)
Tampering with an immobilization device that is lawfully attached to a motor vehicle is prohibited.

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That's a bit of a buzzkill to my DIY sensibilities, but understandable given that such regulatory statutes do in fact exist :] However, in my case the booting was apparently illegal pursuant to subsection c:

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(7)
When immobilization is accomplished by the placement of a boot or other wheel-locking device on the vehicle, it shall be placed on the front wheel of the driver's side of the motor vehicle. The boot or wheel-locking device may only be placed on any other wheel or vehicle part if placement on the driver's side front wheel is not feasible.

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The boot was placed on my left rear wheel, and access to the front wheel was not impeded in any way.

Of course, given the exemption that jk pointed out, the legality would seem to ultimately depend on whether consent was given by me? I would argue that my intentionally failing to register my vehicle with the school demonstrates a clear lack of consent on my part, but without reviewing the contracts that I signed upon employment I cannot be sure if that would make any difference... and in the end, that's all hypothetical anyway. I'm not looking to sue my employer.

Thank you very much Mr. Knowitall. On a general level, how exactly do you determine which body of law is in effect, or which level of government you should be looking at to find relevant information?

And please don't think me a scofflaw or anything. My parking troubles were, in fact, an honest mistake brought about by my ignorance, coupled with my department failing to let me know that I was eligible for a faculty parking pass. I didn't think to check or ask, and now the lesson is learned. Walking a bit farther to work keeps me in good shape :]

Sometimes finding the applicable law isn't easy, particularly when you're dealing with local regulations. Generally you start at the top and work down - State law generally preempts local laws; county ordinances may or may not apply in a municipality within the county; a local ordinance may be more specific than a county ordinance (assuming it applies) or a state law; sometimes the additional detail or specificity is allowed, in other contexts it's not.... Fun times.