Trespass, or Private Property towing is defined by local ordinance as towing or removal of a vehicle parked on private real property, without the consent of the vehicle’s owner or operator.
For property owners and managers interested in Trespass/Private Property towing please note that there have been numerous legislative changes made recently affecting the procedures by which property owners and towing companies must conform to properly remove vehicles from private property. Below are a few points of interest within the rules:
Prior to the trespass towing of any vehicle, the property owner of the real property and the towing service shall have executed a written agreement (contract) which shall be filed by the towing service with the Jacksonville Sheriff’s Office. This requirement of a written agreement does not apply to the removal of vehicles from property appurtenant to and obviously part of a single-family residence or where the vehicle is parked in such a way as to obstruct access to private entrances, exits, drives or loading areas.
The contract must contain the signature of both the property owner and the owner, or an authorized representative of, the towing service, certifying that each has read and is in compliance with the provisions of F.S. 715.07 and the provisions of the local ordinance.
No towing service shall tow a vehicle located in Duval County out of Duval County.
The storage site shall be located within a 10 mile radius from where the tow originates.
The property owner, or an authorized representative or agent thereof must be present at the time of towing and must sign the authorization at that time. No person employed by, or affiliated with the towing service may act as the property owner’s agent. No pre-approved blank forms or post-approved blank forms are permitted.
It is a violation of law for any towing service to pay or rebate money, or solicit or offer the payment or rebate of money or other valuable consideration, to property owners for the right to remove vehicles from their property.
Compliance with the local and state regulations governing this type of towing is critical for property owners and towing firms.
It is important that you contract with a towing company that has a complete understanding of the implementation of these rules and will assure your compliance and theirs, because otherwise you could be held at fault.