A Florida court has ruled in favor of Chanwn A. Francois, reversing a previous judgment that favored Executive Towing & Recovery, Inc. The court found that the towing company did not follow the required legal procedures after towing Francois' vehicle. This decision affects vehicle owners and towing companies across Florida, emphasizing the importance of adhering to statutory notice requirements.
The case, Chanwn A. Francois v. Executive Towing & Recovery, Inc., was filed under docket number 4D2025-2502 and was decided by the District Court of Appeal of Florida on September 16, 2026. The ruling highlights the legal obligations towing companies have when they tow vehicles, especially regarding notifying vehicle owners.
The dispute began when Francois' vehicle was reported stolen and later found in a residential parking lot. The homeowners' association, unaware of the vehicle's ownership, called Executive Towing to remove it. Executive towed the vehicle on October 16, 2024, but failed to notify Francois within the required five business days. Instead, the notice sent to him was returned undelivered.
Francois learned about his vehicle's location from law enforcement and subsequently filed a claim against Executive for illegal towing and wrongful possession of property. He argued that the towing company did not comply with Florida law, specifically section 713.78, which governs towing and storage operations. Despite this, the trial court initially ruled in favor of Executive, stating that they had complied with the statutory requirements.
The court ruling emphasized that a towing operator's lien is strictly governed by statute, meaning that towing companies must follow the law precisely. The judge noted, "Failure to make good faith efforts to comply with the notice requirements... precludes the imposition of any storage charges against the vehicle or vessel." This statement underscores the importance of timely notification to vehicle owners.
According to the opinion, the towing company did not send the required notice until October 26, 2024, which was beyond the five-business-day period mandated by the law. The court stated, "The notice requirements of paragraph (4)(c) are not discretionary; nor are they a technicality." This means that towing companies cannot overlook these requirements without consequences.
The ruling also pointed out that timely notice serves critical purposes, including informing the vehicle owner of incurred charges, the existence of a lien, and the potential for the vehicle to be sold if charges remain unpaid. The court concluded that Executive's failure to comply with these notice requirements invalidated their claim to enforce a lien on Francois' vehicle.
This decision is significant for both vehicle owners and towing companies in Florida. It reinforces the legal obligations that towing companies must adhere to when towing vehicles. The ruling may lead to increased scrutiny of towing practices and could result in changes to how towing companies handle notifications to vehicle owners.
Going forward, this ruling may lead to more vehicle owners being aware of their rights regarding towing and storage fees. It highlights the importance of timely communication from towing companies and serves as a reminder that failure to comply with legal requirements can result in losing the right to enforce a lien.
The court's decision is not final until the time for filing a motion for rehearing has passed. It remains to be seen whether Executive Towing will seek to appeal this ruling or if there are related cases pending that could further clarify the law surrounding towing practices in Florida.