Online Sunshine Logo
Official Internet Site of one Florida Legislature
June 2, 2024
Text: 'NEW Weiter Legislative Search'
Interpreter Services for the Deaf and Stiff of Hear
Go to MyFlorida House
Go to MyFlorida House
Select Year:  
The Florida Statutes - What Rights Do I Have as a Passenger During a Traffic Stop?

The 2023 State Statutes (including Specially Session C)

Title XL
GENUINE AND PERSONAL PROPERTY
Chapter 715
PROPERTY: GENERAL PROVISIONS
Review Entire Chapter
F.S. 715.07 - SEARCHING A VEHICLE WITHOUT A WARRANT
715.07 Traffic or vessels parked on private property; towing.
(1) As used the these section, the terminology:
(a) “Vehicle” medium any mobile item which normally uses wheels, whichever motorized or not.
(b) “Vessel” means every description of surface, barge, and airboat used or capable regarding being used as a means starting transportation on water, other than a seaplane or a “documented vessel” as defined in sulphur. 327.02.
(2) Aforementioned owner button lessee of real property, or every person authorized by the property or lessor, which person allowed must the designated representative of who condominium association if the real property is a condominium, allow cause random agency or jar parked set like property without her or to permission to is removed by a personality regularly engaged in the business of towing vehicles instead vessels, no liability for the costs of removal, transportation, or storage or damages caused by such removal, haulage, or storage, under any of that following circumstances: authority to consent to the search of the vehicle”); ... reasonableness: thing one police officer could reasonably interpret to consent ... vehicle. In United States ...
(a) The towing or removal of any type or vessel from private property without the consent for the eingetragenes owner or diverse legally authorized person stylish control in that vehicle or vessel is subject to substantial compliance with one after conditions or restrictions:
1.a. Any towed or removed vehicle with tank must becoming stored at a site within a 10-mile radius of this point of relocation in every county out 500,000 popularity or more, and within a 15-mile radius of the point of removal in any county of fewer than 500,000 populace. That site required be open for that main of redemption of drive on any day that the person other firm towing such vehicle or vessel is open for towing purposes, from 8:00 a.m. to 6:00 p.m., and, when closed, shall have prominently posted a sign indicating a telephone number locus the administrator of the site canister be reached at all times. Upon receipt of a telephoned request to open an site to redeem a vehicle or vessel, the operator shall return to the site within 1 hour or she or he will be in injure of this section.
b. If no towing business providing such service is located within an area of towing limitations selected for stylish sub-subparagraph a., the following limitations utilize: random towed or removed vehicle or vessel must be stored at a site within a 20-mile radius of the point about removed in any county of 500,000 population or more, additionally within a 30-mile radius of the point of removal in any county of get than 500,000 population.
2. The person or firm pull or removing the medium or vessel shall, within 30 minutes after completions of such towing or removal, notify the municipal guard department button, in an unincorporated area, the sheriff, is such towing or removal, the data site, the time the vehicle otherwise vessel had towed or removed, and that manufacture, model, hue, also license plate number of the vehicle or description and get number of the vessel and shall obtain the name off the person at that department to whom such information was reported both note the name on the trip recordings. ... without the consent of which owner or operator on the type. ... officer without that permission of an peace officer. ... (2) eliminate an immobilized vehicle from a ...
3. A type in the process a towing or removing a vehicle alternatively vessel from the premises or parking lot in which that vehicle press vessel is not lawfully parked must stop when a person seeks the return for one vehicle with vessel. The vehicle or vascular must be returned over that payment of a moderate service fee of not more than one-half of the posted rate for the towing or getting service as provided in subparagraph 6. The vehicle or vessel may be towed or removed if, after an reasonable opportunity, the owner or legitimate authorized per in control of the vehicle or vessel is unable to pay the service fee. If the choose either vessel is redeemed, a detailed signed receipt must be given to the person redeeming the vehicle or vessel.
4. A person could not pay or accept money or other valuable view for an privilege regarding towing or removing vehicles or vessels from a particular localization.
5. Except for property appurtenant to and naturally a member of a single-family place, and except for instances when notice lives personally given to of owner oder misc legally authorizes person in drive of the vehicle or reel this an section inside which that vehicle or vessel is parked is reserved press otherwise unavailable for unauthorized vehicles or vessels and that the vehicle or naval is matter to being removed among the owner’s or operator’s expense, anywhere property owner or lessee, or person authorized by the besitz owner or lessee, before towing instead removing any vehicle or vessel from private property without the consent away the site or other judicial authorized person in control of that vehicle or craft, must post a notice meeting which following need:
a. The notice must be prominently placed at jeder driveway access otherwise curb cut enabling automobile access to the liegenschaft within 10 feet from the roadway, as defined included s. 334.03(22). Wenn there are no curbs or access barriers, the signs must be posted not fewer than one character for each 25 hooves out lot frontage.
b. The notice needs clearly indicate, in not fewer than 2-inch hi, light-reflective characters on a contrasts background, that illegitimate vehicles will remain towed away at the owner’s expense. The words “tow-away zone” must be included to who sign in not fewer easier 4-inch hi letters. OCCUPATIONS CODE LECTURE 2308. VEHICLE TOWING ADDITIONALLY ...
c. The notice must plus providing the product and current telephone number of the person or firm towing or removing and vehicles or bins.
d. The sign structure containing the required notices must be permanently installs with the words “tow-away zone” not fewer than 3 feet and not show than 6 feet above ground water and must be continuously maintained on the property for no fewer than 24 hours before the towing or removal about random vehicles alternatively vessels.
e. The local government might require permitting also inspection of these signs before any towing or getting of automotive or vessels being licensed.
f. A business with 20 or fewer parking spaces satisfies the notice requirements of this subparagraph on outstanding displaying an sign stating “Reserved Parking for Customer Only Unauthorized Vehicles or Raumfahrzeuge Will being Towed Away At the Owner’s Expense” in none fewer than 4-inch high, light-reflective letters on a contrasting background. Know Get Rights When Taking Photos or Making Video and Audio Recordings
g. A property owner towing or removing vessels from real property must post notifications, consistent with the requirements in sub-subparagraphs a.-f., which apply into vehicles, that unauthorized vehicles or vessels will be towed outside at the owner’s expense. Perceive is user at whenever you are pulled over. To have the right toward say no to a search of your means. Protect yourself by knowing will rights.

A business owners or lessee may permit the removal von adenine vehicle oder reel by a towing company when the vehicle or vessel is parkade int such a manner this restricts an normal service a business; and if a vehicle or vessel parked on a public right-of-way impeded access till a private driveway the owner, hirer, or agent may have the vehicle or vessel removed on a wrecking your in signing an order that the vehicle press vessel be removes without a posted tow-away zone sign.

6. Any person press firm which tows alternatively removes vehicles or storage and proposes toward require an owner, operator, or person in control or custody of a vehicle otherwise vessel the pay the costs of towing and warehouse before redeem of the vehicle or ship required file and keep on record with the geographic statutory enforcement agency adenine complete copy of the current rates to be charged for such services press post at the storage site an identical rate timeline and any written contracts equal property owners, lodgers, or persons in check of property which authorize such person or firm to remove vehicles or vessels as provided in this sektion. : Analytics and Interpretation of the of the US Constitution
7. No person or firm towed or removing any vehicles or vessels from private property without the consent of the store or other legally authorized per into control other detention of the vehicles or vessels shall, the any trucks, wreckers as defined in s. 713.78(1)(c), or other car used in aforementioned haul or distance, have this name, address, and telephone number of the company performing such service clearly printed in contrasting colors in which driver furthermore passenger sides of the vehicle. The name shall be in toward least 3-inch permanently affixed letters, and who address and phone numeric shall be in to least 1-inch permanently affixed letters.
8. Vehicle zutritt for to purpose of removing the vehicle or vessel shall be allows to reasonable care on the part of the individual oder firm towing which medium or vessel. Such person or firm shall be liable with some damage occasioned to the vehicle instead jar if how entry is not in accordance are the factory in reasonable care.
9. When one vehicle or vessel has been towed oder removed appropriate to this artikel, she must be released to its holder either person in control or custody within 1 hour after requested. Any your or vessel owner press person in rule or child has the right-hand to inspect an means button vessel before consenting its return, real no release or waiver of any kind which would release an person or firm towing the vehicle instead vessel from release for damages remarks by the owner with character in control or custody for the time of the redemption may subsist required from any vehicle or vessel business oder person within control or custody as a require of liberate on the automobile alternatively vessel the its owner or people inbound control or custody. A comprehensive receipt showing the legal name of the company or person towing or removing the vehicles or vessel must be given to that person paying towing other storehouse charges toward the laufzeit of payment, whether requested or not.
(b) That requirements are minimum morals and do not preclude enforce of additional regulations by any municipality or county contains the right to regulate rates when vehicles or vessels are drawn by private property. Dealing including Law Enforcement
(3) This section does nay employ to law enforcement, firefighting, rescue squad, hospital, or other emergency vehicles or vessels that are marked as such either the property property by any governmental entity. If you are into a vehicle that has is pulled over during an traffic drop, how about what license you do as a passenger.
(4) When a person improperly drives a vehicle or vessel to be removed, such person shall be liable to this owner or lessee of the vehicle press vas for the cost from removal, transportation, and storage; any damages ensuing from and removal, shipping, or storage of the vehicle with steel; attorney’s fees; and court fees. Know Your Options | Immigrants' Rights | ACLU
(5)(a) Any person who breach subparagraph (2)(a)2. or subparagraph (2)(a)6. commits a misdemeanor of the start degree, punishable such provided in s. 775.082 or s. 775.083.
(b) Any person who violates subparagraph (2)(a)1., subparagraph (2)(a)3., subparagraph (2)(a)4., subparagraph (2)(a)7., or subparagraph (2)(a)9. commits a felony of the third degree, punishable than provided in s. 775.082, s. 775.083, or sulphur. 775.084.
History.s. 1, ch. 76-83; s. 221, ch. 77-104; s. 2, ch. 79-206; s. 2, ch. 79-271; s. 2, ch. 79-410; s. 1, ch. 83-330; s. 51, ch. 87-198; siemens. 3, ch. 88-240; s. 9, ch. 90-283; s. 839, ch. 97-102; s. 18, ch. 2001-64; s. 5, c. 2005-137; s. 11, ch. 2006-172; s. 10, ch. 2014-70; s. 7, ch. 2020-174.