There are more than 201,000 residents in the City of Tallahassee, plus a student population that exceeds 60,000. Many of those individuals have one or more motor vehicles, and parking space is at a premium.

Private owners, both residential and commercial, can limit or regulate parking on their property. Under certain circumstances, motor vehicles can be towed when in violation of regulated parking on private property. Towing of motor vehicles on private property is strictly regulated and property owners must adhere to these standards.

Trespass Towing

Trespass towing is defined as towing or removal of a vehicle that is illegally parked on private real property, at the property owner's direction. This is legal under both Florida law and City of Tallahassee ordinance 24 hours a day. Private property owners may contract with towing companies to remove vehicles from their property and store the vehicle at the towing company site until it is released to the owner. The vehicle owner will be responsible to the towing company for all costs associated with the towing and storage of the vehicle.

Two types of trespass towing:

1. At any time of day or night the property owner or agent may request that an illegally parked vehicle be towed from their property. There is a requirement that commercial and multi-unit residential properties have signs posted that indicate that unauthorized vehicle will be towed at the vehicle owner's expense.
2. Between 7 p.m. and 7 a.m., owners of properties used for residential purposes may elect to authorize the towing service to tow away or remove vehicles without a verified request to remove a specific vehicle provided that the owner complies with the following requirements:
• Conspicuously posted signage stating: "This property authorizes Roam Towing between the hours of 7 p.m. – 7 a.m. per city code section 20-166”.
• A photograph of the "offending" vehicle shall be taken prior to its removal demonstrating the violation of law, rule or regulation for which the vehicle is being towed.

This type of tow, referred to as a "Roam Tow", is also authorized on commercial properties 24 hours a day.

Before the Tow

Residents should:

• If you are a resident of a residential property, confirm whether the property requires a parking decal to park at your location and obtain a decal IMMEDIATELY upon taking residence.
• Inquire as to the property owner's rules and regulations for visitors or overnight guests. Many properties require visitor permits and provide limited spaces to their tenants.
• Ask for a written copy of the property's parking rules and regulations when you sign your lease or prior to moving in.

Before parking in a business/commercial lot:

• If you park in a commercial lot, look for signs at the entrance that warn individuals that parking is for patrons of certain businesses or for certain hours.
• Expect that the property owner has someone watching for compliance with the signage.

During the Tow

If you have parked a vehicle illegally and observe the towing operator in the process of removing your vehicle, you may have an opportunity to avoid having to pay for the tow, but you MUST ACT FAST. Under City ordinances, there are three distinct stages to a towing situation.

1. No Fee Situation - From the moment that the towing service enters the parking lot to remove your vehicle until the vehicle is physically connected, you are entitled to have your vehicle released without charge. "Physically connected" shall mean one half of the wheel lift apparatus surrounding a tire or the winch hook being properly hooked to the vehicle in an appropriate place on the vehicle where it can safely be towed or winched.
2. Drop Fee Situation - From the moment that a vehicle is “physically connected” until the vehicle has been removed from the property, the vehicle owner is entitled to have the vehicle released upon payment of a fee equal to half of the tow fee ($65.00). The towing operator is required to give you a reasonable amount of time to obtain payment.
3. Full Tow - From the moment the vehicle leaves the property, the towing company is entitled to the total towing fee.

After the Tow - Trespass Tow "Bill of Rights"

If you have parked a vehicle illegally and return to find that it is gone, there should be signage on the property indicating the name and telephone number of the towing service that removed your vehicle. City Ordinance sets the maximum fee that the towing service may charge at $130.00.

You may pa the towing charges using cash, debit card, or major credit card (Visa or MasterCard). Any owner or operator of any towed vehicle shall be entitled to a reduction of the fee in the amount of $5.00, if the owner or operator is paying in cash.

Some of the other regulations that apply are:

• A $35 dolly fee may be applied if a dolly was used during the tow of your vehicle. Tow companies must take a picture of your vehicle on the dolly if the fee is charged.
• You cannot be charged for storage on the vehicle for the first 24 hours after the vehicle is towed. After 24 hours, you may be charged for storage at a rate of $25.00 per day.
• An after-hours release fee of $30.00 may be charged for releasing a towed vehicle between the hours of 11 p.m. and 8:00 a.m. NOTE: It may be advantageous to wait until after 8:00 a.m. the next day to avoid the after-hours fee.
• After three days, an administrative fee of $45.00 plus postage may be charged if a certified letter is sent to the vehicle owner pursuant to section 713.78, Florida Statutes.
• You can retrieve any personal property from the vehicle during regular business hours without paying a fee. The company may opt to charge an access fee, if the request to retrieve personal property is after business hours.
• You may inspect your vehicle prior to paying the towing fees. The tow company cannot require you to sign a waiver which would release the towing company from liability for damages noted by you at the time the vehicle is picked up. The towing company is responsible for any damage done by entry into the vehicle if the entry was not done with the standard of "reasonable care". Proper remedy for damages in this situation is through civil court.

A detailed, signed receipt showing the legal name of the company the vehicle must be given to you at the time of payment, whether requested or not.

Criminal Acts

Once the vehicle is towed, the towing company legally has a lien for the cost of the towing fee and other associated costs. It is unlawful for a motor vehicle owner to remove their vehicle from the towing company property without making full payment or the consent of the towing company. The maximum penalty for removing a vehicle under lien is a fine of $500.00 or 90 days in jail (Section 713.58, Florida Statutes)

Towing Disputes

If the vehicle owner believes that the vehicle was improperly towed, the vehicle owner may:

1. Pay the towing and associated fees to retrieve the vehicle, then file a small claims action against the towing company, or;
2. File a lawsuit in county court pursuant to section 713.78(5), Florida Statutes, which will require the filing of a bond with the court equal to the charges for towing and storage. Upon posting the bond, the clerk will issue a certificate authorizing the vehicle owner to retrieve their vehicle.

Complaints

If a vehicle owner believes that a provision of Florida law or City Ordinance has been violated, you can file a complaint with the Tallahassee Police Department Towing Administrator at (850) 891-4766 or TPDTowingAdministrator@Talgov.com.

Additional Resources

• Section 713.78, Florida Statutes
• Section 715.07, Florida Statutes
• Chapter 20, Article V, City of Tallahassee Code of Ordinances
• TPD Towing Brochure

Frequently Asked Questions about Towing

When is Roam Towing allowed?
Roam towing is allowed only between 07:00pm and 7:00am on residential property other than single-family dwellings.

What is residential property?
Examples of residential property are apartment complexes, condominiums, duplexes, triplexes, etc., that have common owners or management companies.

Can vehicles be towed from residential property during the hours of 7:01am and 07:00 pm?
Yes. There are three times when vehicles can be towed during non-Roam Tow hours; (1) Complaint tows are when the management or their agent authorize the towing service to remove specific vehicles. No photographs are required. (2) The property owner or agent personally tells the driver not to park there and they refuse to move. No photographs are required. (3) Emergency tows occur when vehicles are either obstructing the driveway of a business or otherwise restricting the normal operation of the business (blocking the dumpster, taking up multiple parking spaces, a utility repair has to be made and the vehicle is in the way, etc.)

Are towing services required to photograph vehicle towed from commercial property?
No. They are not required to take photographs of vehicles towed from commercial property.

Are there any limitations on the hours they can tow from commercial properties?
The owner of commercial property can have trespass vehicles towed 7 days a week, 24 hours day, or for violations of parking rules or any other terms and conditions placed on the towing service by the property owner in the towing contract.

What are the requirements for a Trespass Tow?

1. A Towing Contract that is signed by the property owner or representative and the towing service owner or their respective agent.
2. A sign that has 2" high light reflective letters on contrasting background, must contain the words TOW-AWAY-ZONE in 4" high light reflective letters and the towing service's name and telephone number.
3. The signs have to be posted within 5 feet of the public right-of-way at each entrance. If the driveway is over 25 feet wide they must have 2 signs.
4. The sign must be posted at a height of 3 feet (bottom) and 6 feet (top). An exception is for abandoned vehicles that have been there 72 hour or more.

Can a towing service unlock my car to tow it?
Yes, companies are allowed to unlock vehicles to make them safe to tow. (Release the parking brake, put the gearshift in neutral, and straighten the front wheels).

Can a tow truck operator or someone working for the tow company monitor a parking lot for parking violations?
Yes. Many commercial establishments will employ "spotters" to determine if individuals are parking illegally or not.