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

[grego.gs]

Hello, my car got towed on August 30 in Miami Beach as abandoned vehicle within a free spot. Though, when I take it back I saw the cardboard notice on the side of my car saying I had 48h to remove the car before getting towed. But in Florida statutes, the notice has to be 5 days and not 2 ! Does Miami Beach can have different rules ? Can I ask a refund for the towing fees and fight the parking ticket I got ?

 

[Ejay]

What section does the notice say your car was towed pursuant to?

Where were you parked?

There are different laws for towing from public and private property so to be sure we are giving you the correct information please be very specific about where you were parked.

In most states, local jurisdictions must adhere to the statewide traffic and vehicle regulations, including those that pertain to towing.

 

[HighwayMan]

But in Florida statutes, the notice has to be 5 days and not 2 !

Please provide the specific statute you are referring to.

 

[Ejay]

Surely he's referring to FS 705.13

http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0705/0705.html

 

[grego.gs]

What section does the notice say your car was towed pursuant to?

Where were you parked?

There are different laws for towing from public and private property so to be sure we are giving you the correct information please be very specific about where you were parked.

In most states, local jurisdictions must adhere to the statewide traffic and vehicle regulations, including those that pertain to towing.

Thanks for your answer. I was parked in North Beach far from the sea (81st). The spots are free. However, it was an old car with one flat tire, about to be sold. It stayed a few weeks in this spot. So they probably considered as abandoned. Though in the ticket it's only said "parking prohibited" and fine of 28. They had put a yellow sticker on my car but sticked to the window and impossible to take because of the rain who deteriorated it. The notice wasn't really readable I was just able to see 48h before towing. Once towed, I didn't get any informations I had to look for by myself and then pay the towing and storage fees 400$. I sold the car right after in front of the tow company. Where I have to go to contest ? And where can I ask a receipt for the 48h notice ?

 

[FlyingRon]

Surely he's referring to FS 705.13

http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0705/0705.html

Surely he's not as there is no such section. You mean 705.103.

However, that section applies to abandoned vehicles not to those parked in tow-away zones.

The operative regs are the City of Miami Beach ordinance that says they can make towaway zones (no prior notice required) and then the Miami-Dade County (Miami Beach is a distinct entity from Miami but it's part of Dade County) 30-461 which pretty much lets a cop order a tow of illegally parked vehicle without much restriction.

 

[grego.gs]

Surely he's not as there is no such section. You mean 705.103.

However, that section applies to abandoned vehicles not to those parked in tow-away zones.

The operative regs are the City of Miami Beach ordinance that says they can make towaway zones (no prior notice required) and then the Miami-Dade County (Miami Beach is a distinct entity from Miami but it's part of Dade County) 30-461 which pretty much lets a cop order a tow of illegally parked vehicle without much restriction.

My car was not parked in tow away zones. I have been living in Miami Beach for a while I know the regulations. If Miami Dade laws authorize disabled or abandoned vehicles to be towed without restriction while Florida laws says that a 5 days notice has to be respected then which one prevails ? I saw the sticker when I retrieved my car and it said 48h not 5 days. If it would have been 5 days I would have had enough time to move it somewhere else honestly.

 

[FlyingRon]

It doesn't need to be in a tow away zone, just illegally parked. Your car can be booted or towed at any time.

There's no such Florida law requiring 5 day notice for illegal parking. That is only for abandoned vehicles (i.e., vehicles legally parked but apparently not being driven).

 

[grego.gs]

It doesn't need to be in a tow away zone, just illegally parked. Your car can be booted or towed at any time.

There's no such Florida law requiring 5 day notice for illegal parking. That is only for abandoned vehicles (i.e., vehicles legally parked but apparently not being driven).

My car was legally parked ! It's a free spot as many in North Beach, with the red marker (yellow marker being prohibited).
Having a flat tire qualify as illegal parking ?
By the way, i got a ticket 28$ for prohibited parking, since it's a free spot i should fight it either right ?

 

[FlyingRon]

Ah, I misunderstood you. It seems like you may have run afoul of Dade Sec 30-388.15 that bans parking of "junk" cars for more than 24 hours. They are allowed to tow after an additional 24 hours. Nothing in the state statute preempts the local authority to tow cars.

 

[Ejay]

Contact the police department and explain to them the situation. Tell them the notice was illegible due to the weather and you want to know the information that was on the notice and your ticket.

There was likely information on there that said why you were towed and how you can contest it.

Ron,

That statute applies to unincorporated Dade County, not Miami Beach.

 

[PayrollHRGuy]

That statute applies to unincorporated Dade County, not Miami Beach.

I can't seem to find where there is any statute that county laws in Florida can't be enforced in cities where those counties are located.

 

[grego.gs]

I can't seem to find where there is any statute that county laws in Florida can't be enforced in cities where those counties are located.

"a) No person shall park a vehicle upon any road, street or public right-of-way, including the sidewalk and swale, located within unincorporated Miami-Dade County, except outside the urban development boundary, for the purpose of:"

 

[grego.gs]

Contact the police department and explain to them the situation. Tell them the notice was illegible due to the weather and you want to know the information that was on the notice and your ticket.

There was likely information on there that said why you were towed and how you can contest it.

Ron,

That statute applies to unincorporated Dade County, not Miami Beach.

Thanks if they don't cooperate what are my possibilities please ? Anyway cities/counties ordinances are valid as long as they don't contradict the state laws right?

 

[not2cleverRed]

My car was not parked in tow away zones. I have been living in Miami Beach for a while I know the regulations. If Miami Dade laws authorize disabled or abandoned vehicles to be towed without restriction while Florida laws says that a 5 days notice has to be respected then which one prevails ? I saw the sticker when I retrieved my car and it said 48h not 5 days. If it would have been 5 days I would have had enough time to move it somewhere else honestly.

Really? You left it there for "a few weeks" - would you really have noticed a 5 day notice any more than the 48 hour notice?

And yes, a car sitting with a flat tire for "a few weeks" would certainly appear to the casual bystander as "abandoned".