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towing defenseUnited States · Florida (Statewide)Difficulty: Medium

Tow Without Required Sheriff Notification

F.S. §715.07(2)(a)2 requires the towing operator to notify, within 30 minutes after completion of the tow, the local police agency or sheriff's office of the tow, providing date/time, vehicle description, and storage location. Failure to do so renders the tow unlawful and entitles the consumer to refund and statutory fees.

Legal basis

Florida Statute §715.07(2)(a)2

Sample appeal wording

TO: [TOW COMPANY], cc: [SHERIFF/PD] Under §715.07(2)(a)2, Fla. Stat., your operator was required to notify [LAW ENFORCEMENT AGENCY] within 30 minutes after the tow on [DATE] at [TIME]. Public-records production from [AGENCY] (Exhibit A) shows no notification was logged for vehicle [PLATE]. The tow was therefore unlawful. Demand is made for full refund of $[AMOUNT], plus statutory attorney's fees under §715.07(4) if litigation ensues. [NAME] / [DATE]

Replace [PARKING DATE], [NtK DATE] etc. with your own dates before sending.

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Sources

  • Florida Statute §715.07
  • Florida Public Records Act

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