Policy Text
VEHICLE TOWING AND IMPOUNDMENT
EFFECTIVE DATE: 01/20/91 STANDARD NO. 020 REVISED: 07/16/18
REPLACES: SOP Vehicles Towed and/or Impounded 22-03.1-7 (A) – Rev. 01/01/03; Rev. 03/12/18;
Rev. 04/24/18
OBJECTIVE: To establish guidelines for the towing, impoundment and storage of vehicles of
arrested individuals and of vehicles in other law enforcement situations.
POLICY: It is the policy of the Homestead Police Department (HPD) to provide procedures
for the towing, impoundment and storage of vehicles.
SCOPE: All employees of this Department shall be governed by the procedures set forth
below.
I. DEFINITIONS:
A. Vehicle - As defined by Fla. Stat. 316.003 (i.e. motor vehicle, trailer, etc.)
B. Towed Vehicle - A vehicle which the officer causes to be removed from the scene and
which may be released at the discretion of the towing service or storage facility.
C. Impounded Vehicle - A vehicle which is being held in custody by virtue of a police order
and which requires permission of the impounding authority to release.
D. Owner's Request - A motorist who requests:
1. Police assistance for contacting any wrecker service after experiencing
mechanical problems.
2. A specific wrecker service after vehicle was involved in a traffic crash or crime in
which the owner or driver is not a subject. All law enforcement involvement with
the vehicle must be completed before it is towed.
II. GENERAL PROCEDURES:
A. Vehicles shall be towed and impounded in the following situations:
1. To secure evidence of a crime.
2. To protect the public or property of the public.
3. To protect the owner’s/driver’s vehicle and property within that vehicle.
4. To protect the Department from liability claims.
5. If the driver has been arrested for DUI and no other licensed driver is available.
Also, no vehicle will be left in the possession of any person who appears to be
impaired from the use of alcohol or drugs.
Vehicle Towing and Impoundment – SOP# 020
6. If the vehicle has been abandoned and its creation creates a safety/health
hazard. The officer must have supervisor’s approval prior to towing the vehicle.
7. As provided in Section 316.194(3), Florida Statutes.
8. Pursuant to Code Enforcement procedures in accordance with Chapter 705,
Florida Statutes.
B. Legal Authority:
1. Sworn employees possess legal authority to have vehicles towed to storage
facilities when the vehicle is illegally stopped, standing, parked, or stolen,
pursuant to Chapter 30-384 of the Code of Miami-Dade County, Florida, or other
applicable County ordinances or Fla. Stat.; however, towing of vehicles should be
avoided whenever practicable.
2. The Code provisions are not applicable when the vehicle is impounded as
evidence or because of its use in a crime.
3. When towing is considered to be in the best interest of the citizen and the
Department, reasonable effort shall be expended to facilitate release of such
vehicle with minimal cost and personal discomfort to the rightful owner.
C. Towing Statute, Section 713.78:
1. Pursuant to Fla. Stat. 713.78, personnel requesting that a motor vehicle be
removed from a crash scene, street, or highway, must conduct an inventory and
prepare a written record of all personal property found in the vehicle before the
vehicle is removed by the wrecker operator.
2. This inventory, and the preparation of a Vehicle Storage Receipt (VSR), is
required on all contract wreckers requested by a police agency. If the
owner/driver requests his or her own wrecker, then the above procedure is not
necessary. An "owner's request" tow is generated by the owner/driver who wants
the vehicle towed to a dealership, body shop, or home.
3. Portable items that are not impounded should be recorded on the VSR in detail.
Any vehicle removed to a contract wrecker's yard requires the preparation of a
VSR.
D. Towing at Owner's Request: