Towing Company Lawyer Orlando, FL
If you own or operate a towing company in Central Florida, the legal and regulatory demands are substantial. Florida regulates towing heavily, and Orange County adds its own layer of rules on top of state law. Noncompliance can cost you money, your reputation, or your ability to operate.
Our Orlando, FL towing company lawyer at Magill Law Offices works with towing operators on lien enforcement, regulatory compliance, contract disputes, and business formation. We offer free consultations to discuss your situation.
Why Choose Magill Law Offices for Towing Company Matters in Orlando, Florida?
A Firm That Understands Small Business Operations
Patrick Magill founded this firm in 1977. His son, Robert T. Magill, continues that work today with a practice that spans business law, real estate, estate planning, and litigation. Towing companies are small businesses with unique legal needs, and Robert brings a practical perspective to those needs.
Before attending law school, Robert spent more than twenty years working in the legal field alongside his father. He earned his J.D. from Florida A&M University College of Law and his undergraduate degree from the University of Central Florida. The Florida Bar admitted him in 2008.
Local Knowledge and Professional Involvement
Robert maintains membership in the Orange County Bar Association and the Real Property, Probate & Trust Law Section of The Florida Bar, which focuses specifically on property-related legal matters. Towing company work frequently touches real property issues such as storage facility leases, property access agreements, and lien enforcement, all of which involve real estate law principles.
What Clients Say
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“Robert was extremely prompt and knowledgeable about the formal probate process that I needed to work through for my father. He has gone above and beyond to help every step of the way. Affordable pricing too!” – Craig Coderre
Read more reviews on our Google Business Profile.
Types of Towing Company Cases We Handle in Orlando
Towing businesses face legal issues that general business lawyers may not fully understand. The intersection of state statutes, local ordinances, law enforcement procedures, and property rights creates a specialized practice area. We handle the following matters for Orlando towing companies.
- Lien enforcement and title acquisition. When vehicle owners abandon vehicles or refuse to pay, towing companies can acquire title through Florida’s statutory lien process. This requires strict compliance with notice requirements and timelines. Mistakes can void your lien entirely.
- Fee disputes and collection. Vehicle owners sometimes dispute towing or storage charges. Property owners who authorized tows may refuse to pay. We help towing companies collect what they are owed and defend against improper claims.
- Regulatory compliance. Florida law imposes detailed requirements on towing operations. Signage specifications, notification timelines, rate schedules, storage facility standards. Violating any of them exposes your company to liability. We review operations for compliance and help correct problems before they become lawsuits.
- Property owner agreements. Trespass towing depends on proper authorization from property owners. Those relationships should be documented in written contracts that protect both parties. We draft and review property owner agreements that hold up under scrutiny.
- Law enforcement contracts. Many towing companies work with the Orange County Sheriff’s Office or municipal police departments under rotation agreements. These contracts contain specific performance requirements and compliance obligations. We help towing companies understand and negotiate these agreements.
- Business formation and structure. Towing is a high-liability business. The right business entity structure can protect your personal assets from claims arising out of your operations. We help towing company owners form LLCs, corporations, and other entities suited to their circumstances.
- Disputes and litigation. When disputes cannot be resolved, we represent towing companies in court. We address issues such as vehicle owner claims, property damage allegations, and contract disputes with property owners or other businesses. We handle civil matters arising from towing operations.
Florida Legal Requirements for Towing Companies
Florida towing law is detailed and unforgiving. The statutes impose specific procedural requirements, and failure to follow them can eliminate your ability to collect fees or acquire title to abandoned vehicles.
Private Property Towing Requirements
Florida Statute 715.07 governs trespass towing from private property. The statute requires specific signage at the property, including the words “tow-away zone” in letters at least four inches high, along with the towing company’s name and telephone number. Towing without proper signage exposes both the property owner and the towing company to liability.
After completing a tow, the towing company must notify law enforcement within 30 minutes of arriving at the storage facility. The storage facility must be within 10 miles of the tow location in counties with populations over 500,000 (which includes Orange County). The facility must be open for vehicle redemption from 8:00 a.m. to 6:00 p.m. on any day the company conducts towing, and an operator must respond within one hour to after-hours redemption requests.
The statute also prohibits paying or accepting money for the privilege of towing from a particular location, which is a practice sometimes called “spotter fees.”
Lien and Title Procedures
Florida Statute 713.78 establishes the lien rights of towing and storage operators. A towing company that comes into possession of a vehicle under proper authority has a lien for reasonable towing fees, administrative fees, and storage fees.
To enforce that lien, the towing company must send notice by certified mail to the registered owner, any lienholders, and the insurance company. This notice must be sent through a Florida Highway Safety and Motor Vehicles approved third-party service provider. The notice must state that a lien is claimed, the amount of charges, and that the vehicle may be sold if charges remain unpaid.
For older models, the sale can occur after 35 days. For newer vehicles, the waiting period is 57 days. These timelines are mandatory.
Orange County Regulations
In addition to state law, Orange County Code of Ordinances Chapter 35 imposes additional requirements on towing operations. The county sets maximum rates, which are generally $135 for most trespass tows and $32 per day for storage. It requires business tax receipts for towing operations and separate receipts for storage facilities. It establishes specific signage requirements that supplement state law.
The county also provides enforcement mechanisms. Vehicle owners who believe a tow violated county or state requirements can file complaints with the Orange County Consumer Fraud Unit, and code violators face liability for all costs of recovery plus attorney fees and damages.
Towing Law
- The laws governing the Towing Industry are complex and detailed. The requirements are many and strictly enforced and any mistake or oversight can be costly. The Magill Law Offices has been working actively in towing industry for well over a decade and has the experience and knowledge to assist any Tow Operator with the complexities of the laws governing the Towing Industry. We have worked with one of the largest towing associations in the Southeast for many years and have assisted numerous tow truck operators throughout the State of Florida.
- If your company has any questions or concerns about a towing request made under Section 715.07, give us a call at any time. We have the knowledge to provide to you so that you are assured you are acting lawfully.
- If your company has any concerns about enforcing a towing lien under Section 713.78, we are available at any time to ensure that you are complying with those strict requirements. It is always best to contact us prior to the sale, as a failure to follow any of the requirements of the Statute could lead to forfeiture of your lien.
- And, of course, if your company is sued after you’ve enforced your lien and sold the vehicle, we have the knowledge and experience to defend your company. If you followed each of the requirements of the Statute, we will aggressively defend your business and recover any damage to which you are entitled under the Statute.
- For any legal need of your Towing Company, the Magill Law Offices stands ready to assist.
Important Aspects of an Orlando Towing Company Case
Running a towing company requires attention to legal details that affect daily operations.
Documentation and Record-Keeping
Every tow generates paperwork, including authorizations from property owners, notifications to law enforcement, lien notices to vehicle owners, rate schedules filed with local law enforcement, and photographs documenting vehicle condition.
Incomplete records create problems when disputes arise. A vehicle owner who claims damage needs to be answered with photos taken at the time of the tow. A dispute over authorization requires a signed order from the property owner. We help towing companies establish documentation practices that protect them when questions come up later.
Rate Compliance
Both state law and county ordinances regulate what towing companies can charge. State law requires that rate schedules be filed with local law enforcement and posted at storage facilities. Orange County sets specific maximum rates for different types of tows.
Charging more than permitted rates violates the law and exposes the company to liability. We review rate schedules and billing practices to verify compliance with applicable limits.
Storage Facility Operations
Florida law imposes specific requirements on storage facilities. These can include hours of operation, response times for after-hours requests, security standards, and record-keeping obligations.
Storage facility operations also involve real estate considerations like leases, zoning compliance, and insurance requirements. If you are establishing or expanding a storage facility, we can help with real property matters as well as regulatory compliance.
Contract Review and Negotiation
Towing companies enter into contracts with property owners, property management companies, law enforcement agencies, and sometimes other towing businesses. These agreements allocate risk, establish compensation, and define performance requirements.
A poorly drafted contract can leave you exposed to liability that should belong to someone else, or it can allow the other party to terminate the relationship without proper compensation. We review and draft contracts that protect towing company interests.
Responding to Claims and Complaints
Vehicle owners sometimes file claims alleging improper towing, vehicle damage, or overcharging. Property owners may dispute bills for services. The Orange County Consumer Fraud Unit may contact you about a complaint.
How you respond to these claims matters. Some can be resolved informally with proper documentation. Others require a more formal legal response. We advise towing companies on claim response and represent them when litigation becomes necessary.
Protecting the Business Long-Term
Beyond day-to-day legal issues, towing company owners should think about long-term business protection. The right entity structure protects personal assets from business liabilities. Proper asset protection planning keeps what you have built safe from creditors. And eventually, every business owner needs to think about what happens when they are ready to step back. Business succession planning addresses that transition.
Contact Magill Law Offices
Towing is a heavily regulated business, and the regulations change. Staying compliant takes attention. When disputes arise, resolving them takes legal knowledge specific to the industry.
Our Orlando towing company lawyer works with operators throughout Orange County and Central Florida. We offer free consultations to discuss your legal needs, whether that involves forming a new towing business, reviewing contracts and compliance, enforcing liens, or defending against claims.
Reach out to us to schedule a time to talk. Magill Law Offices has been representing Orlando businesses since 1977.