Sec. 804.1103. - Notice of impoundment.

(a) When owner present. When the Sheriff intends to impound a motor vehicle pursuant to Section 804.1101 and the owner of the motor vehicle is then present, the Sheriff shall, before the motor vehicle is removed, provide the owner with a notice, in a form prescribed by the Sheriff, that the motor vehicle is being impounded, that towing and storage charges will be assessed against the impounded motor vehicle, that the owner may claim and regain possession of the impounded motor vehicle at the location to which it is being removed for storage without prepayment of towing and storage charges upon posting with the custodian of the vehicle, a cash or surety bond in the amount of the accrued towing and storage charges, and that the owner may request a hearing as to the propriety of the impoundment and as to the amount of and the owner's liability for the towing and storage charges. The notice shall also state the location where the impounded motor vehicle will be stored and the place where the owner may make his request for the hearing. The notice shall also state, in prominent language, that failure by the owner to request a hearing within five days after receipt of the notice may act as a waiver of his right to a hearing and that this may result in the placing of a lien against the motor vehicle for the towing and storage charges without further notice to the owner or forfeiture of the cash or surety bond posted in lieu of payment of the towing and storage charges. The owner of the impounded motor vehicle shall sign the notice as an acknowledgment that he has received a copy of the notice and a copy of the notice shall be provided to the owner. (b) When owner not present. (1) When the Sheriff impounds and removes a motor vehicle pursuant to Section 804.1101 (a) and the owner of the motor vehicle is not present at the time of the impoundment, the Sheriff shall, if the owner resides in the City, as appears from the motor vehicle registration, immediately serve upon the owner of the impounded motor vehicle, at the address on the motor vehicle registration, a notice, in a form prescribed by the Sheriff, containing the same information as required by subsection (a) of this Section. Service shall be made as provided by law for service of process generally. If the owner cannot be found at the address on the motor vehicle registration and there is no other known address of the owner, he shall be deemed to be a resident of the State whose whereabouts are unknown and service shall be made on the Secretary of State as provided in F.S. § 48.171. (2) If the owner does not reside in the City, as appears from the motor vehicle registration, the owner shall be deemed to be either a resident of the State whose whereabouts are unknown or a nonresident of the State and service shall be made on the Secretary of State as provided in F.S. Ch. 49. (c) Failure or refusal to sign notice. If a person required by this Section to sign a notice of impoundment wilfully fails or refuses to do so or if the person cannot be found, the Sheriff shall note this fact on the face of the notice, which shall constitute prima facie evidence of delivery or service of notice as required by this Section. (d) Sheriff to send notice to any lienholders; notice to entity providing temporary tag. In addition to the notice required herein, when the Sheriff impounds and removes a motor vehicle pursuant to Section 804.1101 , he shall also send a similar notice of such impoundment, in writing within seven days of the date of such impoundment, to any and all lienholders of record (as appears on the motor vehicle registration or as disclosed by the records in the State Department of Highway Safety and Motor Vehicles). In the event the impounded motor vehicle has a temporary license tag affixed to it, the Sheriff shall provide, if possible, the same notice required herein to the entity to which the temporary license tag was issued. (e) No notice by Sheriff necessary if provided by wrecker or towing firm. Notwithstanding any provisions to the contrary contained in this Section, it shall not be necessary for the Sheriff to provide to the owner or lienholder of an impounded motor vehicle notice of impoundment or storage as required by this Chapter if such notice is to be or has been provided by the wrecker or towing firm storing the vehicle pursuant to Section 804.1204 . (Ord. 78-476-182, § 1; Ord. 83-591-400, § 1; Ord. 85-1335-745, § 1; Ord. 87-453-366, § 1; Ord. 94-907-526, § 1) Note— Former § 312.1103.