Legal Question in Civil Litigation in Florida

I have recently had my car towed in the state of Florida from a residential neighborhood. I only received notification of this through the mail telling me that it was towed, incurring daily storage charges, and would be auctioned off in a month if I did not claim it. It should be noted that I was living as a guest of my father-in-law who owns a house across the street from the visitor parting spot my car was taken from.

Florida statute 715.07 under 1.a. states that: "Any towed vehicle or vessel must be stored at a site within a 10-mile radius of the point of removal in any county of 500,000 population or more, and within a 15-mile radius of the point of removal in any county of less than 500,000 population." I looked up the towing company, and it is located 17.1 miles away. Broward county has a population of 1.84 million people.

Statute 715.07 under 5 states: "Except for property appurtenant to and obviously a part of a single-family residence, and except for instances when notice is PERSONALLY given to the owner or other legally authorized person in control of the vehicle or vessels and that the vehicle or vessel is subject to being removed at the owner's or operator's expense, any property owner or lessee, or person authorized by the property owner or lessee, prior to towing or removing any vehicle or vessel from private property without the consent of the owner or other legally authorized person in control of that vehicle or vessel, must post a notice meeting the following requirements:

a. The notice must be preeminently placed at each driveway access or curb cut allowing vehicular access to the property, within 5 feet from the public right-of-way-line. If there are no curbs or access barriers, the signs must be posted not less than one sign for each 25 feet of lot frontage.

b. The notice must clearly indicate, in not less than 2-inch high, light-reflective letters on a contrasting background, that unauthorized vehicles will be towed away at the owner's expense. The words "tow-away zone" must be included on the sign in not less than 4-inch high letters.

c. The notice must also provide the name and current telephone number of the person or firm towing or removing the vehicles or vessels.

d. The sign structure containing the required notices must be permanently installed with the words 'tow-away zone' not less than 3 feet and not more than 6 feet above ground level and must be continually maintained on the property for not less than 24 hours prior to the towing or removal of any vehicles or vessels.

g. A property owner towing or removing vessels from real property must post notice, consistent with the requirements in sub-paragraph a.-f., which apply to vehicles, that unauthorized or vessels will be towed away at the owners expense."

The reality is that there are no signs whatsoever posted at or near the parking stalls my car was taken from. I took 15 photos as evidence of this. When I called the property management company, they told me that signs are posted at the security gate at the entrance of the neighborhood. However, there are many signs at the security gate giving notice of everything from "surveillance cameras" to "upcoming board meetings". The area is cluttered with information, and a driver is only looking for signs where he/she parks the car.

Statues 4 states: "When a person improperly causes a vehicle or vessel to be removed, such person shall be liable to the owner or lessee of the vehicle for the cost of removal, transportation, and storage; any damages resulting from the removal, transportation, or storage of a vehicle or vessel; attorney's fees; and court costs."

I must also disclose that my tags were expired, and they stated this may have been the reason they towed the vehicle. They told me that they would have posted a notice on the vehicle. However, the car was only in the spot for a few days before it was towed. I check back in between only 3 days prior to the towing date, and there was no notice posted on my car that in might be removed.

Do I have a case to take legal action? I've spent weeks trying to communicate this dispute with the management company with them only referring me to a legal office that I assume represents or counsels them.

2 Answers from Attorneys

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