Florida and Miami Beach same laws for towing on abandoned vehicle?

[RJR]

For example, just out of curiosity, if the Florida statutes prevails a 5 days notice for towing, can any municipalities within the State can shorten the notice to 1,2 or 3 days ?

No! They could over extend it, but not undercut it. I would say lessening it would be a "conflict" of laws.

 

[RJR]

[QUOTE="Ejay,]

Highway man,

5th amendment of the Bill of Rights:

"No person shall... be deprived of life, liberty, or property, without due process of law."

Would it be a violation to do it without notice beforehand, maybe maybe not. Would it be a violation to not tell him, ever, why it was towed thus offering him no legal justification. Certainly. He was deprived of his property and he has the right to know why. Nothing he has been given tells him why his vehicle was impounded.
[/QUOTE]

It would be the 14th's. What is Due Process, Substantial or Procedural! It is the PROCESS of law a person is DUE. Does DP mandate a requirement of notice? Certainly not before the seizure, IMO. If we are talking after, unless there is included in the Enactment such a provision, one is not required by DP, IMO.

I have read law where there is a NOTICE Requirement, and some where there was none. If challenged in a local/county court, it may be a matter of first impression. Until the USSC rules specifically on it, it may be argumentative.

Unless the case law has changed, as far as the Ohio Supreme Court is concerned, the Supremacy Clause only binds them to a USSC ruling, no other federal court.

 

[Ejay]

The USSC has ruled on it. I posted a few of the decisions. Here is some more info:

https://ir.lawnet.fordham.edu/cgi/viewcontent.cgi?article=1086&context=ulj

"Abandon" mistake fixed.

 

[Ejay]

Grego,

This is how an individual would contest a tow in FL, the way they have all these laws in FL organized is quite confusing:

(5)(a) The owner of a vehicle or vessel removed pursuant to the provisions of subsection (2), or any person claiming a lien, other than the towing-storage operator, within 10 days after the time she or he has knowledge of the location of the vehicle or vessel, may file a complaint in the county court of the county in which the vehicle or vessel is stored to determine if her or his property was wrongfully taken or withheld from her or him.
(b) Upon filing of a complaint, an owner or lienholder may have her or his vehicle or vessel released upon posting with the court a cash or surety bond or other adequate security equal to the amount of the charges for towing or storage and lot rental amount to ensure the payment of such charges in the event she or he does not prevail. Upon the posting of the bond and the payment of the applicable fee set forth in s. 28.24, the clerk of the court shall issue a certificate notifying the lienor of the posting of the bond and directing the lienor to release the vehicle or vessel. At the time of such release, after reasonable inspection, she or he shall give a receipt to the towing-storage company reciting any claims she or he has for loss or damage to the vehicle or vessel or the contents thereof.
(c) Upon determining the respective rights of the parties, the court may award damages, attorney’s fees, and costs in favor of the prevailing party. In any event, the final order shall provide for immediate payment in full of recovery, towing, and storage fees by the vehicle or vessel owner or lienholder; or the agency ordering the tow; or the owner, lessee, or agent thereof of the property from which the vehicle or vessel was removed.

http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute

 

[RJR]

The USSC has ruled on it. I posted a few of the decisions. Here is some more info:

https://ir.lawnet.fordham.edu/cgi/viewcontent.cgi?article=1086&context=ulj

"Abandon" mistake fixed.

That is not a USSC ruling. It is a Law Journal Article citing a Federal Court decision in LA 40 years ago. It even cites Public Policy exceptions, citing Shevin, which was a Pre-Judgment Replevin action in itself, as it applies to DP violation.

 

[Ejay]

I was referring to the USDC rulings, which I realize now are not USSC cases, I posted a few posts back. Over what jurisdictions are those precedent?

 

[RJR]

I was referring to the USDC rulings, which I realize now are not USSC cases, I posted a few posts back. Over what jurisdictions are those precedent?

They only strike down the particular Ordinance Challenged. A Municipality in the same DC Jurisdiction is not technically bound by it unless their phraseology is so similar in nature, passing it would be dumb, and eventually challenged.

Now, a statewide statute is different. If the Northern District rules one way, it is not binding on the Southern or other District Courts in that state.

Take the 2nd AM cases, Heller was a District of Columbia case/ordinance, so that USSC decision did not apply to the States through Incorporation. That came later in McDonald.

 

[grego.gs]

Grego,

This is how an individual would contest a tow in FL, the way they have all these laws in FL organized is quite confusing:



http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute

I should have proceeded this way. I just sold the car from the tow company. What was the easiest way with a flat tire. The ordinances are confusing. What if one municipality qualify vehicles as abandoned after 24h at the same free public spot ? They would tow all those cars with a sticker as unique notice.. Everytime we go through a new city, do we have to read the several thousand of ordinances ?! Totally abusive.

 

[PayrollHRGuy]

Everytime we go through a new city, do we have to read the several thousand of ordinances ?! Totally abusive.

Only if you plan to leave your broken down cars on the street.

 

[grego.gs]

Only if you plan to leave your broken down cars on the street.

Not only you didn't follow up the thread. 30 - 384 Miami dade ordinances : (5)  Where such vehicle has been parked or stored on the public right-of-way for a period exceeding forty-eight (48) hours, in other than designated parking areas, and is within thirty (30) feet of the pavement edge....

 

[PayrollHRGuy]

Which will only apply to you or anyone else that has a habit of leaving their cars about like a 6 year old that won't put away their toys.

 

[Ejay]

I know this is beyond the point but that section only applies to vehicles not in a designated parking area.

Grego was parked in a designated parking area.

 

[grego.gs]

I have been said at the parking department that cars are not supposed to stay at the same place more than 48 hours within free spots and it's not an unique case in US. It's not the first time I see cars towed in Miami Beach while in good state and legally parked. Probably that in Miami Dade, designated parking areas means parking lot or parking zones. In my neighborhood it's only parking strips, not any parking area signs, that is what apply probably.