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  1. #1
    Join Date
    Jun 2010
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    2

    Default Towed from Apartment Complex

    My question involves towing laws for the State of: Florida

    My truck was recently towed, yesterday, because my registration was expired over three months. I moved from Texas and thus have a Texas registration sticker. It is not currently registered in either state.
    It was towed at about 11:30 p.m. without any warning. I had no warning sticker informing me it would be towed, most give a 24-hour deadline.When I called the company they said they posted letters one month prior on every apartment door stating, and I quote, "(Towing Firm) has been contracted my property management to enforce parking regulation. You are hereby notified of violations that will cause your vehicle to be towed immediately and without warning." One of which was if my license plate is expired over three months.
    Now I read a similar thread where Florida Statutes, Property, Section 715.07 Vehicles or vessels parked on private property; towing was listed. In which, there seemed to be a few subparagraphs violated, one of which was having the storage facility out of a ten-mile radius of where it was removed. Another stating that any towing notice given by property must be a reflective sign post at the curb. In which case I could have the car taken out for having the lot be 3 or 4 miles over the standard.

    I really need help, any thought?

  2. #2

    Default Re: Towed from Apartment Complex

    Quote Quoting ChrisMen
    View Post
    My question involves towing laws for the State of: Florida

    My truck was recently towed, yesterday, because my registration was expired over three months.
    You realize that's no longer a civil infraction, but now a criminal one, right?


    I moved from Texas and thus have a Texas registration sticker. It is not currently registered in either state.
    So it is a "junked or abandoned vehicle". The ONLY place such an unregistered vehicle would NOT be towed from would be if you had it in an enclosed garage such that it wasn't visible. Sitting in an apartment complex lot or even in a driveway of a private home, if that unregistered vehicle could be seen from the street, means the vehicle is toast.


    It was towed at about 11:30 p.m. without any warning. I had no warning sticker informing me it would be towed, most give a 24-hour deadline.

    When I called the company they said they posted letters one month prior on every apartment door stating, and I quote, "(Towing Firm) has been contracted my property management to enforce parking regulation. You are hereby notified of violations that will cause your vehicle to be towed immediately and without warning." One of which was if my license plate is expired over three months.
    So what part of that wasn't clear?

    If you want to talk state law, Florida's requires that you register a vehicle within 10 days after engaging in an occupation in Florida or enter a child in a Florida school. There are also laws pertaining to short time limits on getting a Florida driver's license, and having auto insurance from a company registered to provide such coverage in the state.

    Above and beyond state statutes, all cities and counties in Florida have their own ordinances that make vehicles without proper registration a violation under "junked or abandoned property". Sure, you could attempt to sue for the difference between the 10 mile radius and the actual distance you're going to be charged for the tow...but until and unless you GET the vehicle legally registered, you won't be able to get the vehicle OUT...even if it had only been taken across the street. If you don't get it out quickly enough, the tow yard will eventually lein the vehicle and be able to sell it at auction to recoup their costs (and you're also being charged storage fees for every day the car sits in the tow yard too). You may get some money back on the distance issue, but you had a legal burden to get the vehicle registered and failed to do so. The court isn't on your side for the tow. The court would probably be willing to entertain the idea that the charges should be reduced due to the distance issue. But if you don't get that vehicle registered before you lose it at the auction.....

  3. #3
    Join Date
    Jun 2010
    Posts
    2

    Default Towed from Apartment Complex

    Thanks, I figured as much. I am currently getting registration on the vehicle, but I can still talk to some one on the civil courts matter about the distance issue, and still save some money, and possibly get a new towing company to watch the lot.

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