Florida Towing Laws: Private Property Rights and Remedies

Under Florida towing laws for private property, a vehicle can only be towed from a lot, complex, or business property if the owner or lessee authorized it, the property meets specific signage requirements, and the towing company follows strict rules on fees, payment, and law enforcement notification. Florida Statute 715.07 sets those rules, and when any of them are broken the person who ordered the tow is on the hook for your costs, damages, and attorney’s fees.¹

When a Tow From Private Property Is Legal

A professional towing company can remove a vehicle parked on private property without permission, but only when the property owner, lessee, or an authorized representative (which includes a condo association’s designated agent) orders that specific tow. A towing company cannot patrol a lot and hook up cars on its own. Unless there is a standing written agreement with the property, each tow needs to be authorized.¹

Two situations skip the signage requirement covered below. Single-family homes don’t need posted tow-away signs. And any property is exempt from the signage rule if someone personally tells the driver that the spot is restricted and the vehicle will be towed at their expense. Outside of those two situations, no signs means no legal tow.

Signage Rules That Can Invalidate a Tow

The signage requirements are specific, and getting them wrong invalidates the tow. Signs must be posted at each driveway entrance or curb cut, within 10 feet of the road. If the property has no curbs or access barriers, signs must appear at least every 25 feet along the lot frontage.¹

The signs themselves have to meet formatting rules:

The general warning text must use light-reflective letters at least 2 inches tall on a contrasting background.
The words “tow-away zone” must appear in letters at least 4 inches tall.
The name and current phone number of the towing company must be on the sign.

If you were towed, the first thing to check is the sign at the entrance you used. Photograph it. Missing letters, an outdated phone number, wrong placement, undersized text — any of these can shift the full cost of the tow and any damage onto whoever ordered it.¹

Getting Your Car Back Before It Leaves the Lot

If you catch the tow truck while your car is still being loaded or still on the property, the driver must release it. That right is built into the statute. The company can charge a drop fee of up to half the posted tow rate for work already done, but no more.¹ In Orange County, where the trespass tow rate is capped at $135, that puts the drop fee ceiling at $67.50.²

The driver must give you at least 15 minutes to arrange payment. A driver who demands the full tow rate, refuses to release the vehicle, or drives off while you’re trying to pay is violating the statute, and each of those is grounds to sue.

Fees, Payment, and What the Company Must Do After the Tow

Florida caps trespass towing and storage rates, but the specific dollar amounts are set at the county level. Orange County’s cap for passenger vehicles under 10,000 pounds is $135 for the tow and $32 per 24-hour period for storage.² Other counties set their own caps. The number you actually owe depends on where the tow happened, so look up the local ordinance for that jurisdiction.

One payment rule is statewide: towing companies must accept cash, credit cards, and debit cards. A company cannot refuse a valid payment method to stall your release or build up storage fees.¹

Once your vehicle reaches the storage lot, the towing company has 30 minutes to notify local law enforcement, with enough detail about the vehicle and location for you to track it down.³ If you called the police to report your car stolen and they had no record of a tow, that timing failure is on the company. When you pick up the vehicle, the company must give you a detailed invoice showing every charge for towing and storage. Vague line items are a violation.

What Makes a Tow Illegal, and What You Can Recover

When a tow is done improperly, the statute makes the person who ordered it liable for the cost of removal, transportation, and storage, plus any damage to the vehicle, your attorney’s fees, and court costs.¹ The attorney’s fees piece is what makes these cases worth pursuing: you can hire a lawyer without the legal bill swallowing your recovery.

Common violations that trigger this liability:

Towing from a property that lacks compliant signage.
Towing without the property owner’s authorization for that specific vehicle.
Failing to notify law enforcement within 30 minutes of arrival at storage.
Charging more than the posted or county-capped rates.
Refusing cash or cards, or refusing to release a vehicle after payment.
Refusing to drop a vehicle still on the property, or demanding more than half the tow rate as a drop fee.

Repeated violations can also cost the towing company its local operating license.

How to Fight an Illegal Tow

You have two tracks, and they aren’t mutually exclusive.

File a Complaint With FDACS

The Florida Department of Agriculture and Consumer Services investigates consumer complaints against towing companies. You can file through the FDACS website, and the department can pursue fines and other discipline against companies that violated state law.⁴ A complaint doesn’t directly refund your money, but it creates a paper trail and it can push the company toward settlement.

Sue in Small Claims or County Court

The damages provision in Section 715.07 gives you a ready-made civil claim. Florida small claims courts handle disputes up to $8,000, which covers most illegal towing cases without a full lawsuit. For bigger claims involving major vehicle damage, file in county court. Bring documentation: photos of the signage (or lack of it) at the entrance you used, the invoice, dated receipts, any texts or calls with the company or property manager, and photos of any damage to the vehicle before and after the tow.

Extra Protection for Active-Duty Service Members

If you’re on active duty, the federal Servicemembers Civil Relief Act (SCRA) adds a layer on top of state law. A towing company cannot sell your vehicle to satisfy a storage or repair lien without first getting a court order. That protection runs through your full period of service and for 90 days after.⁵

The Department of Justice has enforced this against towing operators directly. In one settlement, a towing company that sold service members’ vehicles without court orders had to pay restitution.⁶ Knowing violations of the SCRA are a federal crime punishable by a fine and up to one year in jail, in addition to civil penalties, restitution, and attorney’s fees.

Local Ordinances Add Rules on Top

Section 715.07 is the statewide floor. Counties and cities build on it, setting their own maximum towing and storage rates, requiring separate local towing permits, and adding operational rules. Hillsborough County publishes specific post-tow notification procedures, and Miami-Dade requires a county towing license that includes background checks and insurance verification.³⁷

Your core rights under the state statute apply everywhere in Florida. The dollar caps and licensing details vary. If you’re disputing a tow, read both F.S. 715.07 and the local towing ordinance for the county or city where the vehicle was picked up.

1
The Florida Legislature. Florida Statutes 715.07 – Vehicles or Vessels Parked on Private Property; Towing
2
Orange County Government. Towing Information
3
Hillsborough County, FL. Towing Companies
4
Florida Department of Agriculture and Consumer Services. File a Complaint
5
Marines.mil. Your Rights Under the Servicemembers Civil Relief Act – An Overview
6
U.S. Department of Justice. Justice Department Settles Towing Company Case Under the Servicemembers Civil Relief Act
7
Miami-Dade County. Towing License