Florida Statute 323.001 - Full Text and Legal Analysis

The 2025 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.

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Amendments to 323.001

Annotations, Discussions, Cases:

Cases Citing Statute 323.001

Total Results: 31

Tropical Coach Line, Inc. v. Carter

121 So. 2d 779

Supreme Court of Florida | Filed: Jun 22, 1960 | Docket: 1318432

Cited 37 times | Published

time engaged in charter carriage as defined by Section 323.01. This was done under the assumption that the

Nazareth v. Herndon Ambulance Serv.

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

District Court of Appeal of Florida | Filed: Apr 25, 1985 | Docket: 1274363

Cited 35 times | Published

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

Gluesenkamp v. State

391 So. 2d 192

Supreme Court of Florida | Filed: Oct 16, 1980 | Docket: 1174584

Cited 16 times | Published

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

Asi, Inc. v. Florida Public Service Commission

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

Supreme Court of Florida | Filed: Jun 23, 1976 | Docket: 1309929

Cited 13 times | Published

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

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

368 So. 2d 930

District Court of Appeal of Florida | Filed: Mar 9, 1979 | Docket: 1723363

Cited 8 times | Published

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

Greyhound Lines, Inc., Greyhound Lines-East Division v. Yarborough

275 So. 2d 1, 1973 Fla. LEXIS 4636, 1973 WL 302643

Supreme Court of Florida | Filed: Mar 7, 1973 | Docket: 1385238

Cited 3 times | Published

this case. Reference is made to F.S. Section 323.01(4), Section 323.01(9), Section 323.05, Section 350.12(1)(l)

American V.I.P. Limousines, Inc. v. Dade County Board of County Commissioners

757 F. Supp. 1382, 1991 U.S. Dist. LEXIS 2399, 1991 WL 25699

District Court, S.D. Florida | Filed: Feb 13, 1991 | Docket: 1193593

Cited 2 times | Published

excluding the driver §§ 31-81(i) and (l). See also § 323.01(9), Florida Statutes, 1979 (Repealed under Florida's

Tamiami Trail Tours, Inc. v. Bevis

316 So. 2d 257

Supreme Court of Florida | Filed: Jul 30, 1975 | Docket: 1455780

Cited 1 times | Published

carrier" or "common carriage", subsection (7) of Section 323.01, Florida Statutes, defines "motor carrier"

Red Top Sedan Service, Inc. v. S & J Transportation, Inc.

150 So. 2d 450, 1963 WL 106349

District Court of Appeal of Florida | Filed: Feb 26, 1963 | Docket: 60210428

Cited 1 times | Published

fixed schedules or between fixed termini, Florida Statute 323.01(7) (a). Carriage for hire means any auto

Ace Delivery Service, Inc. v. Boyd

111 So. 2d 448, 1959 Fla. LEXIS 1638

Supreme Court of Florida | Filed: May 1, 1959 | Docket: 60192369

Cited 1 times | Published

distinguished from private contract carriers. See Section 323.01, Florida Statutes, F.S.A. They rendered none

Brack v. Carter

37 So. 2d 89, 160 Fla. 845, 1948 Fla. LEXIS 941

Supreme Court of Florida | Filed: Sep 28, 1948 | Docket: 3274752

Cited 1 times | Published

within the meaning of the term as defined by Section 323.01, F.S.A., but does not hold a certificate or

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

District Court of Appeal of Florida | Filed: Jun 21, 2019 | Docket: 15816376

Published

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

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

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

District Court of Appeal of Florida | Filed: Sep 8, 1981 | Docket: 64585116

Published

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

Gulf Coast Motor Line, Inc. v. Hawkins

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

Supreme Court of Florida | Filed: Nov 8, 1979 | Docket: 64575054

Published

77-434, Laws of Florida. Prior to amendment, section 323.-01(10), Florida Statutes (1975), provided in pertinent

Gulf Coast Motor Line, Inc. v. Hawkins

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

Supreme Court of Florida | Filed: Sep 27, 1979 | Docket: 64572587

Published

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

Florida Rock & Tank Lines, Inc. v. Hawkins

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

Supreme Court of Florida | Filed: Jun 14, 1979 | Docket: 64570849

Published

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

Ago

Florida Attorney General Reports | Filed: Apr 13, 1978 | Docket: 3258470

Published

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

Petroleum Carrier Corp. v. Silco Petroleum Carrier, Inc.

312 So. 2d 457, 1975 Fla. App. LEXIS 16269

District Court of Appeal of Florida | Filed: Jun 16, 1975 | Docket: 64546241

Published

commission authority as hereinafter provided.” Section 323.01(5), Florida Statutes, defines public highway

Pino v. Nudelman

311 So. 2d 793, 1975 Fla. App. LEXIS 15129

District Court of Appeal of Florida | Filed: Apr 15, 1975 | Docket: 64545983

Published

places in the State of Florida. “Florida Statute Section 323.01(9) defining the scope of authority contained

Daytona Beach Limousine Service, Inc. v. Yarborough

267 So. 2d 11, 1972 Fla. LEXIS 3354

Supreme Court of Florida | Filed: Jul 26, 1972 | Docket: 64527712

Published

charter service. We note that Florida Statutes § 323.01(10), F.S.A. provides: “Charter carriage or service

B & G Horse Transportation, Inc. v. Yarborough

261 So. 2d 159, 1972 Fla. LEXIS 3790

Supreme Court of Florida | Filed: Apr 5, 1972 | Docket: 64525535

Published

a common carrier which it cannot do. Fla.Stat. § 323.01, F.S.A.1 This Court has jurisdiction under Fla

City of West Palm Beach v. Florida Public Service Commission

224 So. 2d 322, 1969 Fla. LEXIS 2256

Supreme Court of Florida | Filed: May 14, 1969 | Docket: 64510421

Published

of West Palm Beach as contemplated in F.S. Section 323.01(12) (c), F.S.A. The foregoing considered, we

City Cab Co. of Orlando v. Mayo

212 So. 2d 636, 1968 Fla. LEXIS 2175

Supreme Court of Florida | Filed: Jul 2, 1968 | Docket: 64506151

Published

of cities is described and defined in F.S. Section 323.01(12), F.S.A.) The Commission also points out

Blair Contracting Co. v. Mason

211 So. 2d 15, 1968 Fla. LEXIS 2202

Supreme Court of Florida | Filed: May 29, 1968 | Docket: 64505568

Published

statute, F.S. Section 323.01(9), F.S.A., and the Commission Rule 310-5.06. Section 323.01(9), F.S., provides

Driver's Dispatch, Inc. v. Florida Railroad & Public Utilities Commission

166 So. 2d 899

District Court of Appeal of Florida | Filed: Jul 7, 1964 | Docket: 64490511

Published

an auto transportation company as defined by Section 323.01 of the Florida Statutes [F.S.A.] without having

Langley v. New Deal Cab Co.

138 So. 2d 789, 1962 Fla. App. LEXIS 3451

District Court of Appeal of Florida | Filed: Mar 6, 1962 | Docket: 60202432

Published

transportation service on the theory that it violated Section 323.01 and Section 323.22, Florida Statutes, F.S.A

State ex rel. Florida Railroad & Public Utilities Commission v. Ingalls

106 So. 2d 570, 27 P.U.R.3d 55

District Court of Appeal of Florida | Filed: Oct 29, 1958 | Docket: 60191185

Published

court erred in its construction of Section 323.01(11). Section 323.01(11) provides: “ ‘For compensation’

Leonard Bros. Transfer & Storage Co. v. Boyd

104 So. 2d 489

Supreme Court of Florida | Filed: Feb 12, 1958 | Docket: 60190521

Published

pointed out that the Auto Transportation Act, F.S.A. § 323.01 et seq. contemplates that as between competitive

Diamond Cab Owners Ass'n v. Florida Railroad & Public Utilities Commission

66 So. 2d 593, 1953 Fla. LEXIS 1580

Supreme Court of Florida | Filed: Jul 28, 1953 | Docket: 64484685

Published

reached by the Chancellor. Subsection 7 of Section 323.01, F.S., F. S.A., defines a transportation company

Stewart v. Mack

66 So. 2d 811, 1953 Fla. LEXIS 1602

Supreme Court of Florida | Filed: Jul 28, 1953 | Docket: 64484703

Published

Associate Justice. The constitutionality of section 323.01, Revised Florida Statutes of 1941, F.S.A.,

Orlando Transit Co. v. Florida Railroad & Public Utilities Commission

37 So. 2d 321, 160 Fla. 795, 1948 Fla. LEXIS 929

Supreme Court of Florida | Filed: Jul 16, 1948 | Docket: 3270716

Published

a statutory definition of a common carrier. Section 323.01 (8), F.S.A., defines a private contract carrier