Illegal Towing and Your Rights in Tampa, Florida

Illegal Towing and Your Rights in Tampa, Florida

If your car was towed from private property in Tampa without proper signage, without timely notice to police, or with a refusal to release it promptly, the tow may have been illegal under Florida law. This guide explains when a private-property tow may violate Section 715.07, your rights under Florida law, and what you may be able to recover after a wrongful tow or vehicle damage.

What Makes a Private-Property Tow Illegal

Section 715.07 governs towing from private property without the owner’s consent, and it demands substantial compliance. The property must post proper warning signs at each driveway access, stating that unauthorized vehicles will be towed at the owner’s expense, before any tow. The towing company must notify local law enforcement within 30 minutes of completing the tow.

Signs are not required on single-family residential property when you were told in person, at a business with 20 or fewer spaces that posts a customers-only sign, or when your car blocked a private driveway from the right-of-way. Missing signage or skipped notice can make the removal improper, regardless of whether you parked where you should not have.

The Rights You Have at the Tow Yard

The statute gives vehicle owners concrete protections at redemption. A towed vehicle must be released within one hour of your request, and you have the right to inspect it before paying.

If you return while your car is still hooked but not yet removed from the lot, the operator must stop and return it for no more than half the posted rate. The yard cannot make you sign a release for damage you note at redemption as a condition of getting your car back, and you are entitled to a detailed signed receipt.

What You Can Recover

When a tow violates Section 715.07, the person who improperly caused the removal is liable for your removal, transportation, and storage costs, any resulting damage, your attorney’s fees, and court costs. Skipping the 30-minute notice or the rate filing is a first-degree misdemeanor, and storage-site, stop-the-tow, kickback, and one-hour release violations are third-degree felonies.

A company that enters or moves a vehicle without reasonable care is liable for the resulting damage, so a car returned with a scraped bumper or broken transmission linkage is a recoverable loss, not just an inconvenience. Vehicle damage and other losses caused by an improper tow may also give rise to consumer and property claims⁠.

Towing in Tampa Parking Lots

Crowded private lots around Ybor City nightlife and the Westshore business district are common sites for aggressive towing. Local governments may set additional rules, and Hillsborough County and the City of Tampa can regulate the rates that companies charge, on top of these minimum standards. No one may pay or accept money for the privilege of towing from a particular location, though your civil recovery still runs through the party that improperly caused the removal.

Storage, Distance, and Rate Rules

The statute also limits where your vehicle can be taken and what you can be charged. A towed vehicle must be stored within 10 miles of removal in larger counties like Hillsborough and 15 miles in smaller ones, and the storage site must be open for redemption on the days the company tows, from 8 a.m. to 6 p.m., with a posted phone number when it is closed.

The company must provide local law enforcement a copy of its current rates and post an identical schedule at the storage site. A bill padded with charges that exceed the posted rate, or a yard that strands you across the county and refuses redemption hours, is operating outside the statute, and those overcharges are recoverable.

What to Do and the Deadline

Document everything: photograph the lot and any signage, keep your receipt, and note the times you requested and received the vehicle. File a complaint with local authorities, and preserve evidence of any damage before repairs.

Negligence claims in Florida generally have a two-year deadline, while claims for wrongfully taking or holding your property, such as conversion, may run up to four years. Either way, acting quickly helps you preserve evidence before signage or lot conditions change.

Towing company duty under 715.07 Example of a violation
Post proper tow-away signage before towing No sign at the driveway access
Notify police within 30 minutes No call placed after the tow
Release the vehicle within one hour of request Hours-long delay at the yard
Allow inspection before payment Demanding payment sight unseen

Frequently Asked Questions

When is a tow illegal in Florida?

A private-property tow is improper when the lot lacked required signage, the company failed to notify police within 30 minutes, or the yard refused to release or let you inspect the vehicle as the statute requires.

Can I get my money back for a wrongful tow?

Yes. You may recover removal and storage charges, vehicle damage, and attorney’s fees when the tow violated Section 715.07.

What if I came back while my car was being hooked?

If the vehicle has not been removed from the lot, the operator must lower it and can charge no more than half the posted rate.

Can a tow yard make me sign a release?

No. The yard cannot require a waiver of liability for damage as a condition of returning your vehicle.

Talk to a Florida Illegal Towing Lawyer

Signage gets swapped, and damage gets disputed, so the evidence that proves a wrongful tow is best gathered now. If the towing dispute also involves physical injuries, a Tampa personal injury attorney⁠ can determine whether you may have a separate injury claim.

Fulgencio Law reviews towing disputes at no cost and handles eligible cases on a contingency-fee basis, meaning you pay no attorney’s fees unless we recover compensation for you. We can also pursue both the towing company and the property owner for your losses.

Call our Tampa office at (813) 463-0123 to discuss your case.

Last reviewed: August 2026

This post was reviewed by Felipe B. Fulgencio, Esq., licensed in Florida since 2012.

Content is provided for informational purposes only and does not constitute legal advice. Consult a licensed Florida attorney for guidance specific to your situation.

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