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Florida Statute 323.001 - Full Text and Legal Analysis
Florida Statute 323.001 | Lawyer Caselaw & Research
Link to State of Florida Official Statute
F.S. 323.001 Case Law from Google Scholar Google Search for Amendments to 323.001

The 2025 Florida Statutes

Title XXIII
MOTOR VEHICLES
Chapter 323
WRECKER OPERATORS
View Entire Chapter
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;
(c) The officer has probable cause to believe the vehicle was used as the means of committing a crime;
(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  |  Sort by: Relevance  |  Newest First

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Tropical Coach Line, Inc. v. Carter, 121 So. 2d 779 (Fla. 1960).

Cited 37 times | Published | Supreme Court of Florida

time engaged in charter carriage as defined by Section 323.01. This was done under the assumption that the
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Nazareth v. Herndon Ambulance Serv., 467 So. 2d 1076 (Fla. 5th DCA 1985).

Cited 35 times | Published | Florida 5th District Court of Appeal | 68 A.L.R. 4th 1

or recurring carriage under the same contract." § 323.01(8), Fla. Stat. (1981) (emphasis supplied). There
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Gluesenkamp v. State, 391 So. 2d 192 (Fla. 1980).

Cited 16 times | Published | Supreme Court of Florida

passengers." § 320.01(13), Fla. Stat. (1977). Section 323.01(12), Florida Statutes (1977), in the chapter
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Asi, Inc. v. Florida Pub. Serv. Comm'n, 334 So. 2d 594 (Fla. 1976).

Cited 13 times | Published | Supreme Court of Florida | 1976 Fla. LEXIS 4246, 1976 WL 352271

frivolous. The term "for-hire" is defined in Section 323.01(9), Florida Statutes (1975), as follows: "For
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Hialeah, Inc. v. B & G Horse Transp., Inc., 368 So. 2d 930 (Fla. 3d DCA 1979).

Cited 8 times | Published | Florida 3rd District Court of Appeal

compensation, as defined in § 323.01(10), F.S., for those services. F.S. 323.01(10) says, in part: (10) `For
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Greyhound Lines, Inc., Greyhound Lines-East Div. v. Yarborough, 275 So. 2d 1 (Fla. 1973).

Cited 3 times | Published | Supreme Court of Florida | 1973 Fla. LEXIS 4636, 1973 WL 302643

this case. Reference is made to F.S. Section 323.01(4), Section 323.01(9), Section 323.05, Section 350.12(1)(l)
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Am. V.I.P. Limousines, Inc. v. Dade Cnty. Bd. of Cnty. Commissioners, 757 F. Supp. 1382 (S.D. Fla. 1991).

Cited 2 times | Published | District Court, S.D. Florida | 1991 U.S. Dist. LEXIS 2399, 1991 WL 25699

excluding the driver §§ 31-81(i) and (l). See also § 323.01(9), Florida Statutes, 1979 (Repealed under Florida's
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Brack v. Carter, 37 So. 2d 89 (Fla. 1948).

Cited 1 times | Published | Supreme Court of Florida | 160 Fla. 845, 1948 Fla. LEXIS 941

within the meaning of the term as defined by Section 323.01, F.S.A., but does not hold a certificate or
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Ace Delivery Serv., Inc. v. Boyd, 111 So. 2d 448 (Fla. 1959).

Cited 1 times | Published | Supreme Court of Florida | 1959 Fla. LEXIS 1638

distinguished from private contract carriers. See Section 323.01, Florida Statutes, F.S.A. They rendered none
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Tamiami Trail Tours, Inc. v. Bevis, 316 So. 2d 257 (Fla. 1975).

Cited 1 times | Published | Supreme Court of Florida

carrier" or "common carriage", subsection (7) of Section 323.01, Florida Statutes, defines "motor carrier"
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Red Top Sedan Serv., Inc. v. S & J Transp., Inc., 150 So. 2d 450 (Fla. Dist. Ct. App. 1963).

Cited 1 times | Published | District Court of Appeal of Florida | 1963 WL 106349

fixed schedules or between fixed termini, Florida Statute 323.01(7) (a). Carriage for hire means any auto
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Intertrack Transp., Inc. v. B & G Horse Transp., Inc., 403 So. 2d 1058 (Fla. 3d DCA 1981).

Published | Florida 3rd District Court of Appeal | 1981 Fla. App. LEXIS 21028

it would be a motor carrier as defined in Section 323.01(7), Florida Statutes (1977), engaged directly
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Gulf Coast Motor Line, Inc. v. Hawkins, 376 So. 2d 391 (Fla. 1979).

Published | Supreme Court of Florida | 1979 Fla. LEXIS 4800, 1979 WL 396268

here is not charter authority as defined in section 323.01(10), Florida Statutes (1975). Therefore, the
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State ex rel. Florida R.R. & Pub. Utils. Comm'n v. Ingalls, 106 So. 2d 570 (Fla. Dist. Ct. App. 1958).

Published | District Court of Appeal of Florida | 27 P.U.R.3d 55

court erred in its construction of Section 323.01(11). Section 323.01(11) provides: “ ‘For compensation’
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Gulf Coast Motor Line, Inc. v. Hawkins, 381 So. 2d 227 (Fla. 1979).

Published | Supreme Court of Florida | 1979 Fla. LEXIS 4851

77-434, Laws of Florida. Prior to amendment, section 323.-01(10), Florida Statutes (1975), provided in pertinent
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Blair Contracting Co. v. Mason, 211 So. 2d 15 (Fla. 1968).

Published | Supreme Court of Florida | 1968 Fla. LEXIS 2202

statute, F.S. Section 323.01(9), F.S.A., and the Commission Rule 310-5.06. Section 323.01(9), F.S., provides
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City of West Palm Beach v. Florida Pub. Serv. Comm'n, 224 So. 2d 322 (Fla. 1969).

Published | Supreme Court of Florida | 1969 Fla. LEXIS 2256

of West Palm Beach as contemplated in F.S. Section 323.01(12) (c), F.S.A. The foregoing considered, we
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Langley v. New Deal Cab Co., 138 So. 2d 789 (Fla. Dist. Ct. App. 1962).

Published | District Court of Appeal of Florida | 1962 Fla. App. LEXIS 3451

transportation service on the theory that it violated Section 323.01 and Section 323.22, Florida Statutes, F.S.A
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Braden Woods Homeowners Ass'n, Inc. v. Mavard Trading, Ltd (Fla. 2d DCA 2019).

Published | Florida 2nd District Court of Appeal

and retail store. As to approval of an FSP, section 323.1.B provides that "[t]he Department Director
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Petroleum Carrier Corp. v. Silco Petroleum Carrier, Inc., 312 So. 2d 457 (Fla. 1st DCA 1975).

Published | Florida 1st District Court of Appeal | 1975 Fla. App. LEXIS 16269

commission authority as hereinafter provided.” Section 323.01(5), Florida Statutes, defines public highway
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Florida Rock & Tank Lines, Inc. v. Hawkins, 372 So. 2d 447 (Fla. 1979).

Published | Supreme Court of Florida | 1979 Fla. LEXIS 4698

miles outside the boundaries of Duval County. § 323.01(1 l)(d), Fla.Stat. (1977).
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Driver's Dispatch, Inc. v. Florida R.R. & Pub. Utils. Comm'n, 166 So. 2d 899 (Fla. Dist. Ct. App. 1964).

Published | District Court of Appeal of Florida

an auto transportation company as defined by Section 323.01 of the Florida Statutes [F.S.A.] without having
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Diamond Cab Owners Ass'n v. Florida R.R. & Pub. Utils. Comm'n, 66 So. 2d 593 (Fla. 1953).

Published | Supreme Court of Florida | 1953 Fla. LEXIS 1580

reached by the Chancellor. Subsection 7 of Section 323.01, F.S., F. S.A., defines a transportation company
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Stewart v. Mack, 66 So. 2d 811 (Fla. 1953).

Published | Supreme Court of Florida | 1953 Fla. LEXIS 1602

Associate Justice. The constitutionality of section 323.01, Revised Florida Statutes of 1941, F.S.A.,
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Daytona Beach Limousine Serv., Inc. v. Yarborough, 267 So. 2d 11 (Fla. 1972).

Published | Supreme Court of Florida | 1972 Fla. LEXIS 3354

charter service. We note that Florida Statutes § 323.01(10), F.S.A. provides: “Charter carriage or service
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City Cab Co. of Orlando v. Mayo, 212 So. 2d 636 (Fla. 1968).

Published | Supreme Court of Florida | 1968 Fla. LEXIS 2175

of cities is described and defined in F.S. Section 323.01(12), F.S.A.) The Commission also points out
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Orlando Transit Co. v. Florida R.R. & Pub. Utils. Comm'n, 37 So. 2d 321 (Fla. 1948).

Published | Supreme Court of Florida | 160 Fla. 795, 1948 Fla. LEXIS 929

a statutory definition of a common carrier. Section 323.01 (8), F.S.A., defines a private contract carrier
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Leonard Bros. Transfer & Storage Co. v. Boyd, 104 So. 2d 489 (Fla. 1958).

Published | Supreme Court of Florida

pointed out that the Auto Transportation Act, F.S.A. § 323.01 et seq. contemplates that as between competitive
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B & G Horse Transp., Inc. v. Yarborough, 261 So. 2d 159 (Fla. 1972).

Published | Supreme Court of Florida | 1972 Fla. LEXIS 3790

a common carrier which it cannot do. Fla.Stat. § 323.01, F.S.A.1 This Court has jurisdiction under Fla
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Pino v. Nudelman, 311 So. 2d 793 (Fla. Dist. Ct. App. 1975).

Published | District Court of Appeal of Florida | 1975 Fla. App. LEXIS 15129

places in the State of Florida. “Florida Statute Section 323.01(9) defining the scope of authority contained
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Ago (Fla. Att'y Gen. 1978).

Published | Florida Attorney General Reports

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