Florida Statute 323.001 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XXIII
MOTOR VEHICLES

Chapter 323
WRECKER OPERATORS

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F.S. 323.001

323.001 Wrecker operator storage facilities; vehicle holds.—

(1) An investigating agency may place a hold on a motor vehicle stored within a wrecker operator’s storage facility for a period not to exceed 5 days, excluding holidays and weekends, unless extended in writing.

(2) The investigating agency must notify the wrecker operator in writing within 5 days, excluding holidays and weekends, whether the hold is to be continued. If no notification follows this period of time, the wrecker operator may release the vehicle to the designated person pursuant to s. 713.78.

(a) If the hold is to continue beyond 5 days, excluding holidays and weekends, the investigating agency may have the vehicle removed to a designated impound lot, in which event the vehicle will not be released by the investigating agency to the owner or lienholder of the vehicle until proof of payment of the towing and storage charges incurred by the wrecker operator is presented to the investigating agency.

(b) If the investigating agency chooses to have the vehicle remain at the wrecker operator’s storage facility beyond 5 days, excluding holidays and weekends, pursuant to the written notification, the investigating agency shall be responsible for payment of the storage charges incurred by the wrecker operator for the requested extended period. In such an event, the owner or lienholder shall be responsible for payment of accrued towing and storage charges for the first 5 days, excluding holidays and weekends, or any period less than the first 5 days, excluding holidays and weekends, when the investigating agency either moves the vehicle from the wrecker operator’s storage facility to a designated impound lot or provides written notification to extend the hold on the vehicle prior to the expiration of the 5 days, excluding holidays and weekends.

(c) The towing and storage rates for the owner or lienholder of the held vehicle shall not exceed the contract or county rates.

(3) If there is a judicial finding of no probable cause for having continued the immobilization or impoundment, the investigating agency ordering the hold must pay the accrued charges for any towing and storage.

(4) The requirements for a written hold apply when the following conditions are present:

(a) The officer has probable cause to believe the vehicle should be seized and forfeited under the Florida Contraband Forfeiture Act, ss. 932.701-932.7062;

(b) The officer has probable cause to believe the vehicle should be seized and forfeited under chapter 379;

(d) The officer has probable cause to believe that the vehicle is itself evidence that tends to show that a crime has been committed or that the vehicle contains evidence, which cannot readily be removed, which tends to show that a crime has been committed;

(e) The officer has probable cause to believe the vehicle was involved in a traffic accident resulting in death or personal injury and should be sealed for investigation and collection of evidence by a vehicular homicide investigator;

(f) The vehicle is impounded or immobilized pursuant to s. 316.193 or s. 322.34; or

(g) The officer is complying with a court order.

(5) The hold must be in writing and must specify:

(a) The name and agency of the law enforcement officer placing the hold on the vehicle;

(b) The date and time the hold is placed on the vehicle;

(c) A general description of the vehicle, including its color, make, model, body style, and year; VIN (Vehicle Identification Number); registration license plate number, state, and year; and validation sticker number, state, and year;

(d) The specific reason for placing the hold;

(e) The condition of the vehicle;

(f) The location where the vehicle is being held; and

(g) The name, address, and telephone number of the wrecker operator and the storage facility.

(6) A wrecker operator’s storage facility must comply with a hold placed by a law enforcement officer, including instructions for inside or outside storage. A wrecker operator’s storage facility may not release a motor vehicle subject to a hold to any person except as directed by the law enforcement agency placing the hold.

(7) When a vehicle owner is found guilty of, or pleads nolo contendere to, the offense that resulted in a hold being placed on his or her vehicle, regardless of the adjudication of guilt, the owner must pay the accrued towing and storage charges assessed against the vehicle.

(8) If a vehicle is stored at a wrecker operator’s facility pursuant to an investigatory hold or a hold for other evidentiary purposes, the investigating agency or other person requiring such hold must take possession of the vehicle within 30 days after the first day on which the vehicle is stored, unless another timeframe is otherwise agreed upon by the wrecker operator and the investigating agency or other person requiring the hold.

History.—s. 2, ch. 98-324; s. 110, ch. 99-13; s. 9, ch. 2000-197; s. 71, ch. 2001-61; s. 14, ch. 2002-264; s. 2, ch. 2005-137; s. 65, ch. 2008-4; s. 31, ch. 2009-21; s. 8, ch. 2016-179; s. 4, ch. 2024-27.

F.S. 323.001 on Google Scholar

F.S. 323.001 on Casetext

Amendments to 323.001

Arrestable Offenses / Crimes under Fla. Stat. 323.001

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 323.001.

Annotations, Discussions, Cases:

Cases Citing Statute 323.001

Total Results: 20

BRADEN WOODS HOMEOWNERS ASSOCIATION, INC. v. MAVARD TRADING, LTD

Court: District Court of Appeal of Florida | Date Filed: 2019-06-21

Snippet: retail store. As to approval of an FSP, section 323.1.B provides that "[t]he Department Director

Dan Sowell, etc. v. Panama Commons L.P.

Court: Supreme Court of Florida | Date Filed: 2016-06-02

Citation: 192 So. 3d 27, 41 Fla. L. Weekly Supp. 249, 2016 WL 3090403, 2016 Fla. LEXIS 1149

Snippet: See §§ 193.122(1)-(3); 197.322(1)-(2); 197.323(1), Fla. Stat. (2013). This usually occurs sometime

Marshall Stranburg, in his official etc. v. Panama Commons L.P.

Court: District Court of Appeal of Florida | Date Filed: 2015-04-07

Citation: 160 So. 3d 160

Snippet: collector. See §§ 193.122(l)-(3); 197.322(l)-(2); 197.323(1), Fla. Stat. (2013). This usually occurs sometime

Excalibur Towing Service Corp. v. State Farm Mutual Automobile Insurance

Court: District Court of Appeal of Florida | Date Filed: 2007-12-05

Citation: 971 So. 2d 900, 2007 Fla. App. LEXIS 19235

Snippet: PER CURIAM. Affirmed. See §§ 323.001, 713.78, 713.78(4)(c), Fla. Stat. (2004).

Wal-Mart Stores, Inc. v. Day

Court: District Court of Appeal of Florida | Date Filed: 1999-09-03

Citation: 742 So. 2d 408, 1999 Fla. App. LEXIS 11868, 1999 WL 682609

Snippet: the conclusion of the VAB hearings. Section 197.323(1) provides that: Notwithstanding the provisions

Department of Professional Regulation, Board of Accountancy v. Rampell

Court: Supreme Court of Florida | Date Filed: 1993-07-01

Citation: 621 So. 2d 426, 18 Fla. L. Weekly Supp. 374, 1993 Fla. LEXIS 1138

Snippet: 1991), to determine the validity of sections 473.323(1)(Z) and 473.317(1), Florida Statutes (1989). We

DEPT. OF PRO. REG. v. Rampell

Court: Supreme Court of Florida | Date Filed: 1993-07-01

Citation: 621 So. 2d 426

Snippet: 1991), to determine the validity of sections 473.323(1)(l) and 473.317(1), Florida Statutes (1989). We

State, Department of Professional Regulation, Board of Accountancy v. Rampell

Court: District Court of Appeal of Florida | Date Filed: 1991-10-16

Citation: 589 So. 2d 1352, 1991 Fla. App. LEXIS 10150, 1991 WL 205842

Snippet: regulations. I. Solicitation (a) Facts Section 473.323(1)(Z), Florida Statutes (1989) provides that disciplinary

Markham v. Moriarty

Court: District Court of Appeal of Florida | Date Filed: 1991-02-06

Citation: 575 So. 2d 1307, 1991 WL 11664

Snippet: of board hearings, as permitted by section 197.323(1). The property appraiser then recertified the entire

Williams v. State

Court: District Court of Appeal of Florida | Date Filed: 1990-04-27

Citation: 560 So. 2d 1304, 1990 WL 52797

Snippet: here. I would affirm. NOTES [1] 536 So.2d at 323. [1] The proper application of the rule on inconsistent

Ashe v. Department of Professional Regulation, Board of Accountancy

Court: District Court of Appeal of Florida | Date Filed: 1985-04-25

Citation: 467 So. 2d 814, 10 Fla. L. Weekly 1034, 1985 Fla. App. LEXIS 13659

Snippet: violated subsections (d) and (k) of section 473.323(1) of the Florida Accountancy Practice Act: (1) The

Nazareth v. Herndon Ambulance Serv.

Court: District Court of Appeal of Florida | Date Filed: 1985-04-25

Citation: 467 So. 2d 1076, 68 A.L.R. 4th 1

Snippet: recurring carriage under the same contract." § 323.01(8), Fla. Stat. (1981) (emphasis supplied). There

Intertrack Transportation, Inc. v. B & G Horse Transportation, Inc.

Court: District Court of Appeal of Florida | Date Filed: 1981-09-08

Citation: 403 So. 2d 1058, 1981 Fla. App. LEXIS 21028

Snippet: would be a motor carrier as defined in Section 323.01(7), Florida Statutes (1977), engaged directly in

Gluesenkamp v. State

Court: Supreme Court of Florida | Date Filed: 1980-10-16

Citation: 391 So. 2d 192

Snippet: passengers." § 320.01(13), Fla. Stat. (1977). Section 323.01(12), Florida Statutes (1977), in the chapter pertaining

Gulf Coast Motor Line, Inc. v. Hawkins

Court: Supreme Court of Florida | Date Filed: 1979-11-08

Citation: 381 So. 2d 227, 1979 Fla. LEXIS 4851

Snippet: Laws of Florida. Prior to amendment, section 323.-01(10), Florida Statutes (1975), provided in pertinent

Gulf Coast Motor Line, Inc. v. Hawkins

Court: Supreme Court of Florida | Date Filed: 1979-09-27

Citation: 376 So. 2d 391, 1979 Fla. LEXIS 4800, 1979 WL 396268

Snippet: is not charter authority as defined in section 323.01(10), Florida Statutes (1975). Therefore, the prohibition

Florida Rock & Tank Lines, Inc. v. Hawkins

Court: Supreme Court of Florida | Date Filed: 1979-06-14

Citation: 372 So. 2d 447, 1979 Fla. LEXIS 4698

Snippet: miles outside the boundaries of Duval County. § 323.01(1 l)(d), Fla.Stat. (1977).

Hialeah, Inc. v. B & G Horse Transp., Inc.

Court: District Court of Appeal of Florida | Date Filed: 1979-03-09

Citation: 368 So. 2d 930

Snippet: compensation, as defined in § 323.01(10), F.S., for those services. F.S. 323.01(10) says, in part: (10) `For

Ago

Court: Florida Attorney General Reports | Date Filed: 1978-04-13

Snippet: service' within the meaning of this statute. Section 323.01(18), F. S., defines `nonemergency service' as follows:

Asi, Inc. v. Florida Public Service Commission

Court: Supreme Court of Florida | Date Filed: 1976-06-23

Citation: 334 So. 2d 594, 1976 Fla. LEXIS 4246, 1976 WL 352271

Snippet: frivolous. The term "for-hire" is defined in Section 323.01(9), Florida Statutes (1975), as follows: "For hire"