How To Claim an Abandoned Vehicle in Florida

Obtaining title to an abandoned vehicle in Florida is governed by state statutes and the procedures established by the Florida Department of Highway Safety and Motor Vehicles. The process differs depending on whether the vehicle is located on public or private property and whether a towing-storage operator holds the vehicle under a lien claim.

What Qualifies as an Abandoned Vehicle in Florida

Florida defines abandoned property as all tangible personal property that does not have an identifiable owner and that has been disposed of on public property in a wrecked, inoperable, or partially dismantled condition or has no apparent intrinsic value to the rightful owner. Under Florida Statute 705.103, a motor vehicle qualifies as abandoned when it is present on public property and cannot be easily removed. Lost property, by contrast, is tangible personal property without an identifiable owner that has been mislaid on public property or a public conveyance in a substantially operable, functioning condition or that has an apparent intrinsic value to the rightful owner.

A vehicle held by a towing-storage operator pursuant to Florida Statute 713.78 may be sold if it remains unclaimed and charges for recovery, towing, or storage remain unpaid. For vehicles more than 3 years old (older models), the sale may occur 35 days after the vehicle is stored by the towing operator. For vehicles 3 years of age or less (newer models), sales may occur 57 days after storage. Prior to any sale, the towing operator must provide written notice by certified mail to the registered owner, any recorded lienholder, and the insurance company covering the vehicle, if known.

Process To Claim an Abandoned Vehicle in Florida

Understanding the Abandoned Vehicle Process

Florida provides two principal mechanisms for claiming ownership of an abandoned vehicle. First, when law enforcement identifies abandoned property on public property, the agency may elect to retain the vehicle, donate it, sell it at public sale, or destroy it after proper notice procedures. Second, a towing-storage operator who lawfully takes possession of a vehicle pursuant to a removal authorization may enforce its possessory lien and sell the vehicle at public sale after providing notice and allowing the statutory waiting period. In both instances, possession alone does not transfer ownership. Title transfer must occur through proper legal procedures and by filing the necessary documentation with the tax collector's office of the appropriate county.

Report the Abandoned Vehicle to Law Enforcement

If an abandoned motor vehicle is discovered on public property or if the property owner wishes to remove an abandoned vehicle from private property, the first step is to report it to the local law enforcement agency. The law enforcement officer will assess whether the vehicle meets the criteria for an abandoned vehicle and, if removal is authorized, will direct a licensed wrecker operator to remove and store the vehicle at a designated location. Vehicles on public property may be removed if they are unattended for an extended period, are wrecked or inoperable, display expired or missing registration, or are determined to create a hazard or obstruct traffic. For vehicles on private property, removal must comply with Florida Statute 715.07, and the property owner or authorized representative must request removal.

Law Enforcement Initiation of Public Sale Process

Once law enforcement takes custody of an abandoned vehicle on public property, the agency shall post a notice on the vehicle advising the owner that the vehicle is unlawfully on public property and must be removed within 5 days. The notice must also be mailed by certified mail, return receipt requested, to the owner and any recorded lienholder at their last known addresses. The law enforcement agency shall contact the Florida Department of Highway Safety and Motor Vehicles to determine the identity of the registered owner and any lienholder, using records held by the department or searches of the National Motor Vehicle Title Information System.

Provide Public Sale Notice

If the law enforcement agency elects to sell an abandoned vehicle at public sale under Florida Statute 705.103, the agency must publish notice of the sale in a newspaper of general circulation in the county where the sale will be held. The notice must be published once a week for 2 consecutive weeks and must include a complete description of the vehicle, including the make, year, and vehicle identification number, as well as the date, time, and location of the sale. The notice must state that the sale is subject to any and all liens. If there is no newspaper of general circulation in the county, the advertisement must be posted at the courthouse door and at 3 other public places in the county at least 10 days prior to the sale. The sale must be held at the nearest suitable location to the vehicle's storage location.

Conduct the Public Sale

The law enforcement agency or its designee shall conduct the public sale at the advertised date, time, and location. The sale must be by competitive bidding and open to the general public. The highest bidder takes possession of the vehicle upon payment of the bid amount. The agency shall issue a bill of sale on its official letterhead to the purchaser that includes a complete description of the vehicle and states that the sale is subject to any and all liens.

Towing-Storage Operator Lien Sale Process

If a towing-storage operator holds a vehicle and claims a lien for recovery, towing, or storage services pursuant to law enforcement removal authorization or other lawful possession under Florida Statute 713.78, the operator must provide written notice to the registered owner, lienholder, and insurance company. The notice must be sent by certified mail within 5 business days (excluding Saturday, Sunday, and federal legal holidays) of the date the vehicle is stored and must include an itemized statement of charges, the fact of possession, the name and address of the lienor, and a statement that the vehicle may be sold if charges remain unpaid. The notice must inform the owner and lienholder of their right to file a complaint in county court and of the sale date at least 30 days prior to the sale.

The towing-storage operator shall provide notice of the sale by certified mail at least 30 days before the scheduled sale date and shall publish notice on a publicly available website maintained by an approved third-party service at least 20 days before the sale date. After the notice periods expire, the operator shall conduct a public cash sale. Proceeds from the sale are applied first to towing and storage charges, then to the cost of sale, and any remainder is deposited with the circuit court clerk for the county. The owner or lienholder may claim remaining proceeds within 1 year of the sale. Unclaimed proceeds are deposited in the State School Fund.

Complete the Bill of Sale

Following the public sale, whether conducted by law enforcement or a towing-storage operator, the seller shall issue a bill of sale to the purchaser on official letterhead that includes a complete vehicle description, including the make, year, and vehicle identification number, and states that the sale is subject to any and all liens. For sales involving a towing-storage operator, the operator must provide the purchaser with copies of the notice of lien and notice of sale as required documentation for the title application.

Apply For Certificate of Title

The purchaser must apply for a Florida certificate of title using Form HSMV 82040 MV or Form HSMV 82040 MH for mobile homes. The application must be submitted to a county tax collector's office and include the bill of sale from the public sale, proof of payment, and evidence that all lien-notice requirements were met. If the vehicle was titled in Florida, supporting documentation must include the original or certified copy of the post office return receipt card for certified mail notices sent to the owner and lienholder. If the vehicle was titled out of state, the applicant must submit either Form HSMV 82042 with a verified vehicle identification by a qualified official or a certification of title and lien status from the motor vehicle division of the state where the vehicle was last registered. The purchaser must also submit evidence of a valid Florida license plate or a non-use affidavit and pay applicable title fees.

Special Handling for Out-of-State Titled Vehicles

If the abandoned vehicle is titled in a state other than Florida, the law enforcement agency or towing-storage operator must verify the title and lien status through records from the motor vehicle division of the state where the vehicle was last registered. This verification may be provided through a computer-generated printout from the out-of-state motor vehicle division, a letter on official letterhead from that division, a photocopy of the current out-of-state certificate of title, or a statement showing ownership information and lien status. If the previous registration status cannot be determined despite diligent effort, an affidavit signed under penalty of perjury must be submitted stating that fact.

Certificate of Destruction for Vehicles Sold for Scrap

If a towing-storage operator sells a vehicle for purposes of being dismantled, destroyed, or substantially altered so that it is not the vehicle described in the certificate of title, the operator must apply to the Department of Highway Safety and Motor Vehicles for a certificate of destruction rather than a standard certificate of title. The application must include proof of reporting the vehicle to the National Motor Vehicle Title Information System, an affidavit that all applicable requirements have been met, a statement from law enforcement that the vehicle is not reported stolen (if not registered in any state), and such other documentation as required by the department. The certificate of destruction authorizes the dismantling or destruction of the described vehicle.

Maintain Records

Records related to the abandoned vehicle removal, storage, sale, and title transfer must be maintained for 5 years. For law enforcement agencies, records must include the notice of abandonment posted on the vehicle, proof of certified mail delivery to the owner and lienholder, the newspaper advertisement with publication date and page information, the bill of sale, and all supporting documentation submitted with the title application. For towing and storage operators, records must include the notice of lien, proof of certified mail delivery, the notice of sale, the website publication notice, the bill of sale, and documentation of how sale proceeds were applied.

Florida Storage Fees And Financial Considerations

Towing and Storage Charges

A towing-storage operator may charge reasonable towing fees, storage fees, and administrative fees for recovery and storage of a motor vehicle under Florida Statute 713.78. A storage fee may not be charged if the vehicle is stored for fewer than 6 hours. Storage fees are capped by county or municipal ordinances, which vary by jurisdiction. Administrative fees charged by a towing operator or its agent for obtaining vehicle release may not exceed $250. No other fees or costs may be charged beyond those authorized by statute or local ordinance.

For nonconsensual towing of noncommercial motor vehicles weighing 5,000 pounds or less from private or public parking areas under Florida Statute 715.07, state law establishes a maximum towing fee of $250 and a maximum daily storage rate of $50. However, these state caps apply specifically to nonconsensual towing from private or public parking areas and do not necessarily apply to vehicles removed at the request of law enforcement for accident or hazard removal.

Notice Requirements and Lien Charges

A towing-storage operator must send a notice of lien by certified mail within 5 business days (excluding Saturday, Sunday, and federal legal holidays) of the date the vehicle is stored. Failure to provide timely notice to a person claiming a lien on the vehicle limits the operator's storage charges against that person to no more than 5 days, though the failure does not affect towing charges or the priority of liens. If an owner or lienholder files a complaint in county court within 10 days of learning of the vehicle's location, the owner may have the vehicle released upon posting a cash or surety bond equal to the towing and storage charges under Florida Statute 713.78.

Sale Proceeds Distribution

Proceeds from a public sale are applied in the following order of priority: first to reasonable towing and storage charges, then to the cost of conducting the sale, then to any liens on the vehicle in order of lien priority established under Florida Statute 319.27, and finally any remaining balance is deposited with the circuit court clerk or paid directly to the owner if identifiable. If sale proceeds remain unclaimed by the owner after 1 year from the date of the sale deposit with the court, the proceeds are transferred to the State School Fund. The bill of sale provided to the purchaser discharges all liens against the vehicle, unless otherwise ordered by the court.

Maximum Fees and Payment Methods

A lienor or its agent may charge an administrative fee not exceeding $250 to obtain vehicle release from a lien claim under Florida Statute 713.78. No other fees may be charged beyond those authorized by statute or local ordinance. Towing operators and storage facilities must accept major credit cards and debit cards or maintain an automated teller machine with reasonable access and service fees. Rates are regulated by county and municipal ordinance and are typically posted on the storage facility.

Contact Information

Florida Department of Highway Safety and Motor Vehicles
2900 Apalachee Parkway, Tallahassee, FL 32399
Phone: (850) 617-2000 (Customer Service) or (850) 617-3000 (Main Line)
Official Website: Florida Department of Highway Safety and Motor Vehicles