What Constitutes an Abandoned Car in Florida
In the context of what constitutes an abandoned vehicle under Florida law, the statute at issue is Florida Statute 715.104, which defines "abandoned property" for purposes of removal from private property: For purposes of this section, "abandoned property" means personal property, other than a vessel such as a ship, boat, or other vehicle, which as returned exerted a value of $500 or less, and which bears no license, registration, title, or serial numbers or a proper identification number or indicator and which the owner does not want to receive . Such terms also mean any passenger motor vehicle as defined in s. 320.01 that is three years old or older, which has no motor, transmission, wheels, tires, windshield, or front-end assembly taking into account its appraised value by the county tax collector. Unless a parked or otherwise unattended vehicle is somehow identified as abandoned (perhaps through a notice placed on the vehicle by a parking enforcement unit, for example), an examination of the interior of the vehicle is required to see if there are any personal items of value (such as a purse, wallet, etc.) left behind.
Property Owner Obligations
When an individual encounters an abandoned vehicle on their private property, a host of legal responsibilities arise. Of primary importance is that these legal obligations are often accompanied by strict standards and deadlines. For instance, the Florida Statutes define an abandoned vehicle as one under this condition on private property with no tag, theft reported, or a vehicle that has been unattended for more than 24 hours after being removed to impoundment without notification and having no (tag) on it. It has to be reported to the sheriff’s department after 24 hours. In practical effect, however, the law merely requires the removal of the vehicle within 5 days.
Any vehicle found on private property is an immediate problem for its owner. If you own private property where an abandoned vehicle is located, be advised that your responsibility under the law begins with immediate notice. If you do not act you can be held entirely liable to the person that abandoned the vehicle. Thus, if a vehicle is abandoned anywhere on your property; contact local law enforcement to report the abandoned vehicle immediately. This initial notice will stop the clock from running and allow an adequate time for removal of the vehicle. After 24 hours, local law enforcement will have to act again to remove the vehicle. Even a second notice to local law enforcement will not mitigate your liability, but it will establish the show of action that will significantly limit the waiver of damages a judge would have wished to inflict on you under the statute.
Generally, government entities are given a broader leeway to operate than private entities, and courts adopt broad definitions when determining whether a vehicle is abandoned or not. Thus, even if the owner of an abandoned vehicle is willing to contact the owner of the property where the vehicle is kept to retrieve the vehicle, the law does not provide the same leeway to the landowners. The issue lies in the definitions of abandoned vehicles and the responses required.
Reporting an Abandoned Vehicle on Your Property
Florida law requires property owners to report an abandoned vehicle on their land. Today’s post will discuss how. The proper place to report abandoned vehicles on private property is the local sheriff’s office in your county or the Florida Highway Patrol. Some counties have local ordinances that allow for a faster process than the state statute, but unfortunately many counties do not. Be sure to call ahead and learn about your local policy prior to reporting. Once notified properly, the authorities will inspect the vehicle to ensure that the following conditions exist: (1) The vehicle is left on private property without the consent of the owner or lessee of the property. (2) The law enforcement agency has probable cause to believe the vehicle has been abandoned horizontal or partially removed from a roadway, or is legally parked and does the following: (a) Notes a description and the license tag number of the vehicle. (b) Checks the vehicle identification number, if available, against the appropriate database to determine if: 1. A record of the vehicle is on file with the Florida Department of Highway Safety and Motor Vehicles (the "Department"); 2. The vehicle is registered to the owner of the land where the vehicle is located; or 3. The vehicle is not registered with the Department. (c) Conducts an investigation to determine the last known owner of the vehicle and the method of disposal, if any.
Removing and Disposing of an Abandoned Vehicle
- (2) All costs incurred by the local government in removing and impounding an abandoned, lost, stolen, or unclaimed vehicle shall be the responsibility of the owner. The local government is entitled to receive payment for all costs incurred in removal and storage of the vehicle prior to release of the vehicle to the owner.
- (3) A local government, municipal service taxing unit, or other governmental entity may provide for removal of an abandoned, lost, stolen, or unclaimed vehicle from private lands, including farms, timberland, or other open land, by permitting its designated agents to enter upon the property, examine any vehicle located thereon, and remove any vehicle which exists on the property in violation of an ordinance enacted pursuant to subsection (1).
- (4) Prior to the removal of a vehicle by the local government or its designated agent pursuant to subsection (3), the local government shall determine whether the vehicle has been lost, stolen, or unclaimed. Any vehicle determined by the local government not to have been lost, stolen, or unclaimed shall be removed at the expense of the local government or its designated agent.
- (5) A local government, municipal service taxing unit, or other governmental entity may enter into an interlocal agreement with another local government or governmental entity to provide for the joint exercise of powers created pursuant to this section to create and fund a private property removal service for abandoned vehicles on private property within their jurisdictions.
Legal Implications and Penalties
Failing to follow the proper procedure is the primary way for a landowner to "lose" the advantage of getting the vehicle off their property pursuant to the statute. A violation of the statute, itself, is a noncriminal infraction with a $100.00 reissue fee. It also results in the vehicle remaining a "state of nuisance," exposing the vehicle owner or anyone touching the vehicle to criminal penalties from misdemeanors to felonies. So the risk of penalties for not following the statutory procedure can go both ways: for the property owner who fails to provide the required notice of the intent to remove the vehicle; and for the impounder who fails to provide the required notice of removal. And , while the failure to provide any notice or the required notice can result in a legal action for damages against each party, only a failure to post a notice of removal injures a third party (the vehicle owner), and that injury triggers statutory penalties. In addition to the fines detailed above, the landowner may not charge for the storage of the impounded vehicle, and may be held liable for the towing charges, if any, if the proper notices were not sent.
Defending and Protecting Property Rights
Private property owners in Florida can take a proactive approach to not only protect their investment, but to ensure that no additional costs are associated with the presence of an abandoned vehicle on their parking lot or on communal property. The following tips will help property owners mitigate the risks faced when dealing with an abandoned car:
Abandoned car signs clearly stating the policy of the property in hours, as well as making clear the auto will be towed at the owner’s expense, are an important step in deterring automobile abandoners. For example, if the owner has a towing company already engaged, the sign should read: "Vehicles violating any of the preceding policies are subject to being immobliized by order of property owner and vehicles will be towed and stored at the owner’s expense." This type of signage will lessen the likelihood that someone abandons their car on the property, because they are too ignorant to realize the abandonment is a punishable offense.
Private property owners have the right to have vehicles towed from their property if there is a clearly marked sign in view which reads: "Vehicles Parking or Abandoning Vehicles Without Permission Will Be Towed At The Owner’s Expense. This Includes all Unattended and Junk Vessels and Aircraft. Refusal To Pay the Towing/Storage Costs Will Result In A Lien Against The Vehicle. All Vehicles Are Subject to $5 Per Day Storage Fees in Addition to the Towing Charge."
If the property owner does not have a sign that specifically prohibits parking or abandoning vehicles on his or her property, the property owner must prove that "the unattended possession of [the] car occurred under circumstances in which it was deprived of the possession and control of the owner." As a result, the car owner would be liable for the costs of towing, as well as other ancillary damages associated with the disposition of the vehicle. Therefore, it is important to be clear that a sign is reasonably conspicuous, and as such the owner can have the automobile removed from the property at the owner’s expense.
Assistance and Resources for Property Owners
There are several resources and support systems available at the state and within local counties that will provide assistance to owners who have noticed abandoned vehicles on their property. Florida’s Department of Highway Safety and Motor Vehicles has a page devoted to addressing abandoned vehicles. Their tips for Florida residents include reviewing the statutes and local ordinances mentioned in this post, contacting local law enforcement, and reporting the vehicle to any one of the many statewide organizations dedicated to vehicle recovery. States have established dedicated non-profit organizations to protect against auto theft through public-awareness campaigns and education programs, pledging to return stolen cars quickly to their owners, and making it easier to identify stolen vehicles (for instance by making VIN numbers available through a searchable database). Steer Clear Of Auto Theft is a free program to help fight against thefts of and from motor vehicles that have been created by the National Insurance Crime Bureau (NICB) and the California , Florida, Illinois, Michigan, Minnesota, Texas, and New York State governments. It has instructions for filing a report of an abandoned vehicle in every state, with links to the offices of state and local officials responsible for enforcing automobile abandonment laws. Many vehicle recovery programs are also operated by local law enforcement. For example, Flagler County law enforcement in Willard Bryant’s St. Augustine neighborhood will often notify him if they find a vehicle parked in a vacant lot nearby. "They know of my concern of abandoned vehicles and they try their best to notify me if they see one on a vacant property that doesn’t belong there," he says. In addition, many organizations have compiled information on proper procedures for the reporting and removal of abandoned vehicles, including: State and local programs differ in availability and in the types of services offered, so it’s important to check those directly for the most accurate and current information.