What counts as 'valuable consideration' under Florida's ban on paying for the privilege of towing cars from private property?

Plain-English summary

State Representative Frank Artiles asked the Attorney General's office to interpret part of Florida's towing law, section 715.07, Florida Statutes. That statute lets a property owner have an unauthorized vehicle towed without liability, but only if the owner follows the statute's rules. One rule, in subsection (2)(a)4., bars anyone from paying or accepting "money or other valuable consideration for the privilege of towing or removing vehicles or vessels from a particular location." Breaking it is a third-degree felony. Representative Artiles wanted to know what counts as "valuable consideration."

Senior Assistant Attorney General Gerry Hammond, responding for Attorney General Bondi, offered only general comments because the office cannot resolve mixed questions of law and fact. The statute does not define "valuable consideration," so the AG applied the ordinary-meaning rule and dictionary definitions: the phrase means something that confers a measurable pecuniary benefit on the party receiving it. Because the provision lists "money or other valuable consideration," the "other" benefit must be something beyond cash. But whether any specific arrangement actually delivers a measurable benefit, and how much, was a factual determination outside the office's authority. The opinion also noted that local governments may add their own regulations on this subject.

Currency note

This opinion was issued in 2012. Subsequent statutory amendments, court decisions, or later AG opinions may have changed the analysis. Treat this page as historical context, not current legal advice. Verify current law before relying on any specific rule, deadline, or remedy mentioned here.

At the time of the opinion, the office traced the history of the provision. Before a 2005 amendment (Ch. 2005-137, Laws of Florida), the statute spoke of "rebate or payment" of money or valuable consideration from the towing firm to the property owner for the privilege of removing vehicles. The 2005 rewrite produced the current "may not pay or accept" wording, and the AG found nothing in the legislative history suggesting the Legislature meant anything more than to prohibit a wrecker operator from paying the property owner for the towing privilege. Anyone applying this today should confirm the current text of section 715.07, which the Legislature has revisited since.

Common questions

Q: What does Florida's towing law prohibit when it comes to payments?
A: As the statute read in 2012, no person could pay or accept money or other valuable consideration for the privilege of towing or removing vehicles or vessels from a particular location. The AG noted a violation is prosecuted as a third-degree felony.

Q: Does "valuable consideration" mean only cash?
A: No. Because the statute says "money or other valuable consideration," the AG read the "other" category as covering non-cash benefits, specifically, something that confers a measurable pecuniary benefit on the party receiving it.

Q: Would a particular discount, free service, or perk count?
A: The opinion would not say. Determining whether a specific arrangement confers a measurable pecuniary benefit, or is too trivial to matter, was a mixed question of law and fact that the AG's office is not authorized to resolve. That call would fall to a court or prosecutor on the actual facts.

Q: Do local rules matter here?
A: Yes. The opinion pointed out that the statute sets minimum standards and lets local governments enact additional regulations, which could include their own definitions of "valuable consideration." The AG had no information about any such local rules.

Background and statutory framework

Section 715.07, Florida Statutes, is Florida's framework for towing vehicles parked on private property without permission. It shields a complying property owner from liability for the costs of removal, transportation, or storage. In exchange, it imposes strict conditions, including the anti-kickback rule in subsection (2)(a)4. that was the subject of this opinion.

When a statute does not define a word of common usage, Florida courts give it its plain and ordinary meaning, and may consult a dictionary to find it. The opinion cited Southeastern Fisheries Association, Inc. v. Department of Natural Resources, 453 So. 2d 1351 (Fla. 1984), for the plain-meaning rule, and Green v. State, 604 So. 2d 471 (Fla. 1992), and Plante v. Department of Business and Professional Regulation, 685 So. 2d 886 (Fla. 4th DCA 1996), for resort to dictionary definitions. Using Black's Law Dictionary and Webster's, the AG defined "valuable consideration" as consideration conferring a pecuniarily measurable benefit.

Citations and references

Statutes and session laws:

• § 715.07, Fla. Stat. (removal of vehicles or vessels parked on private property)
• § 715.07(2)(a)4., Fla. Stat. (ban on paying or accepting consideration for the towing privilege)
• § 715.07(5)(b), Fla. Stat. (third-degree felony for violations)
• § 16.01(3), Fla. Stat. (Attorney General's authority to issue legal opinions on state law)
• Ch. 2005-137, Laws of Fla. (2005 amendment to § 715.07)

Cases:

• Southeastern Fisheries Ass'n, Inc. v. Department of Natural Resources, 453 So. 2d 1351 (Fla. 1984), plain and ordinary meaning of undefined statutory words
• Green v. State, 604 So. 2d 471 (Fla. 1992), dictionary as a source of ordinary meaning
• Plante v. Department of Business and Professional Regulation, 685 So. 2d 886 (Fla. 4th DCA 1996), same

Source

• Landing page: https://www.myfloridalegal.com/ag-opinions/towing-valuable-consideration
• Original PDF: https://www.myfloridalegal.com/print/pdf/node/8128

Original opinion text

The Honorable Frank Artiles

State Representative, District 119

13501 Southwest 128th Street

Suite 115

Miami, Florida 33186

Dear Representative Artiles:

You have requested my assistance in interpreting section 715.07, Florida Statutes, relating to vehicles or vessels parked on private property. Attorney General Bondi has asked me to respond to your letter.

Section 715.07, Florida Statutes, provides that the owner or lessee of real property or persons authorized to do so, "may cause any vehicle or vessel parked on such property without her or his permission to be removed by a person regularly engaged in the business of towing vehicles or vessels[.]"[1] The owner or lessee is guaranteed by the statute that no liability will result to him or her "for the costs of removal, transportation, or storage or damages caused by such removal, transportation, or storage" so long as the provisions of the statute are followed.[2]

The statute requires strict compliance with statutorily designated conditions and restrictions including that prescribed in subsection (2)(a)4.:

"A person may not pay or accept money or other valuable consideration for the privilege of towing or removing vehicles or vessels from a particular location."

Violations of this provision are prosecuted as a third degree felony.[3]

The statute does not contain a definition of what may constitute "valuable consideration" and you have asked this office to make several determinations of whether particular activities may come within the scope of that term. Because this office cannot resolve mixed questions of law and fact,[4] my comments herein will be general. I also note that the statute specifically provides that these requirements are minimum standards and that local governments may enact additional regulations touching on this subject.[5] Thus, resolution of your questions could also involve any local regulations defining "valuable consideration" and this office has no information relating to such local regulations.

As noted above, section 715.07, Florida Statutes, does not define the term "valuable consideration" as used in subsection (2)(a)4., Florida Statutes. It is a general rule of statutory construction that where a statute does not specifically define words of common usage, such words must be given their plain and ordinary meaning.[6] In the absence of a statutory definition, the plain and ordinary meaning of words can be ascertained if necessary by reference to a dictionary.[7]

"Valuable consideration" is defined as

"Consideration that is valid under the law; consideration that either confers a pecuniarily measurable benefit on one party or imposes a pecuniarily measurable detriment on the other. – Also termed good and valuable consideration; legal consideration."[8]

The terms are also defined separately. The term "valuable" as an adjective is defined as "that which has pecuniary or other value."[9] "[C]onsideration" is defined as "a recompense or payment, as for work done; compensation;" and, as used in the law, as: "something that suffices to make an informal promise legally binding, usually some

value given in exchange for the promise."[10]

Prior to its amendment to its current form, section 715.07(2)(a)4., Florida Statutes, provided that

"The rebate or payment of money or any other valuable consideration from the individual or firm towing or removing vehicles to the owners or operators of the premises from which the vehicles are towed or removed, for the privilege of removing or towing those vehicles, is prohibited."[11]

The statute was amended in 2005 to read as it does currently. Nothing in the legislative history relating to the amendment of the language in section 715.07(2)(a)4., Florida Statutes, indicates that the Legislature intended anything more than to "[p]rohibit a wrecker operator from paying the owner or operator of the property from which a vehicle is towed money or other consideration for the privilege of towing vehicles[.]"[12]

Thus, the phrase "other valuable consideration" as used in section 715.07(2)(a)4., Florida Statutes, should be contrasted with "money" and may be understood to mean something that confers a measurable pecuniary benefit on the receiving party. However, determining the existence or amount of that pecuniary benefit, i.e., whether de minimus or measurable, is beyond this office's authority.

I trust that these informal comments will be helpful to you. Thank you for contacting this office for assistance.

Sincerely,

Gerry Hammond

Senior Assistant Attorney General

GH/tsh

[1] See s. 715.07(2), Fla. Stat.

[2] Id.

[3] Section 715.07(5)(b), Fla. Stat.

[4] See s. 16.01(3), Fla. Stat., and Department of Legal Affairs Statement Concerning Attorney General Opinions (available at www.myfloridalegal.com).

[5] Section 715.07(2)(b), Fla. Stat.

[6] Southeastern Fisheries Association, Inc. v. Department of Natural Resources, 453 So. 2d 1351 (Fla. 1984).

[7] See, e.g., Green v. State, 604 So. 2d 471, 473 (Fla. 1992) and Plante v. Department of Business and Professional Regulation, 685 So. 2d 886, 887 (Fla. 4th DCA 1996).

[8] "[V]aluable consideration," Black's Law Dictionary (8th ed.), p. 326

[9] "[V]aluable," Webster's New Universal Unabridged Dictionary (2003), p. 2103.

[10] "[C]onsideration," id. at p. 434.

[11] See s. 5, Ch. 2005-137, Laws of Fla., amending section 715.07, Fla. Stat.

[12] See Senate Staff Analysis and Economic Impact Statement on CS/CS/SB 492, dated March 30, 2005.