Nonconsensual tow bill of rights.
Cape Coral Code of Ordinances § 12-112
in effect§ 12-112 - Nonconsensual tow bill of rights.
Any towing firm engaged in the business of nonconsensual towing shall maintain a copy of the nonconsensual bill of rights in the service vehicle and shall post the nonconsensual tow bill of rights in a clearly visible, prominent position, not more than ten feet from the place where payment for the tow is made. The poster shall provide the following:
Nonconsensual Tow "Bill of Rights"
Your car has been towed without your consent. You have certain rights under Florida statutes and city ordinances:
(a) Your vehicle or vessel must be released within one hour after request, provided the towing fees are paid.
(b) You can retrieve any personal property that is in the vehicle or vessel within the first 24 hours of the tow prior to paying the towing fees, after the first 24 hours, a fee may be charged.
(c) You may inspect your vehicle or vessel prior to paying the towing fees. The tow company cannot require you to sign a waiver which would release the firm from liability for damages noted by you at the time the vehicle or vessel is picked up. The tow company is responsible for any damage done by entry into your vehicle or vessel if the entry was not done with the "standard of reasonable care." Proper remedy for these damages is through civil court.
(d) You may pay the towing charges using cash, debit card, or major credit card. A fee may be charged to use a debit card. No additional fee shall be charged for use of a credit card.
(e) A detailed, signed receipt showing the legal name of the tow company or person towing the vehicle or vessel must be given to you at the time of payment, whether requested or not. The receipt shall also include the following statement: "Notice: Towing from private property is regulated by F.S. § 715.07 and Chapter 12, Article X, City of Cape Coral Code of Ordinances."
(f) Tow companies are required to take photographs of your vehicle or vessel prior to tow, documenting the violation for which the vehicle or vessel was towed. You can make arrangements with the tow company to view the photographs at no charge. Photographs shall be available for viewing the following business day. Normal hours for viewing the photographs are Monday through Friday, 8:00 a.m to 6:00 p.m. It is a good idea to make an appointment in advance.
(g) The phone number of the Cape Coral Police Department to report violations. This phone number shall be kept current at all times.
(Ord. 89-10, 12-13-2010)
Source: City of Cape Coral, Florida, Code of Ordinances, City Charter and Land Development Code (Municode Library, library.municode.com)URL: https://library.municode.com/fl/cape_coral/codes/code_of_ordinances?nodeId=CH12OFMIPR_ARTXTOIMVEVEPAPRPR_S12-112NOTOBIRIFetched: 11/4/2026