STATE OF FLORIDA EX REL. CITY OF POMPANO BEACH, BROWARD COUNTY, FLORIDA, FOR THE USE AND BENEFIT OF THE POMPANO BEACH POLICE DEPARTMENT, APPELLANT,
v.
ANTHONY HENRY WASHINGTON, AND 1970 OLDSMOBILE CONVERTIBLE VIN: 342670E185307, APPELLEE
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The court held that damages from improper towing, storage, and negligent care of an automobile cannot be awarded as costs under Section 939.06, Florida Statutes.
Appellee incurred costs for towing, storage, and repairs on his automobile after it was seized in a forfeiture suit. He sought to recover these costs …
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DAUKSCH, Judge.
The question on appeal is whether the court can award as costs, under Section 939.06, Florida Statutes (1975), damages resulting from an alleged improper towing, storage and negligent care of an automobile by the Appellant. Appellee successfully defended a Section 943.44, Florida Statutes (1975), automobile forfeiture suit after the State declined to prosecute him after he was charged with delivery of cannabis.
Apparently Appellee had to pay $400 to the towing service for towing and storage and $371.16 for repair on account of negligent care while the car was in storage. He says the City should pay him the money because its agents caused the damages. That may be so and Appellee has a right to sue. A taxing of costs is not the way to go about it. Section 939.06, Florida Statutes (1975), is not specific but its language cannot be stretched to include these costs which were incurred in a quasi-criminal forfeiture proceeding subsequent to, and collateral to, the criminal charges.
This is not a case such as bail bond premiums. Daniel v. State, 309 So. 2d 248 (Fla. 4th DCA 1975). Nor is it a case like a DWI tow-away charge. Doran v. State, 296 So. 2d 86 (Fla. 2d DCA 1974). We agree with those decisions but determine this matter differently. If a government chooses to seize and attempt to have forfeited a citizen’s automobile then that government must properly seize and store the automobile or pay the towing and storage costs and repairs bills incurred as a result of improper storage. The Judgment for costs against the City of Pompano Beach is reversed without prejudice to the Appellee to seek a proper remedy.
REVERSED.
ALDERMAN, C. J., and LETTS, J., concur.
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City OF Miami Beach v. Bules, 479 So. 2d 205 (Fla. 3d DCA 1985)…only that portion of the damage inflicted during the pendency of the City’s prior appeal. While Buies is entitled to be compensated for the damage sustained prior to the pendency of the appeal, see State ex rel. City of Pompano Beach v. Washington, 352 So. 2d 138 (Fla. 4th DCA 1977) (automobile owner who successfully defended automobile forfeiture suit entitled to recover for towing and storage costs and repair bills incurred as a result of improper storage),2 such recovery was not contemplated by the trial…
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ONE 1978 Green Datsun Pickup Truck v. State, 457 So. 2d 1060 (Fla. 2d DCA 1984)…strict Court of Appeal case which did not award storage fees as costs to a prevailing vehicle owner under somewhat similar circumstances. City of Pompano Beach, Broward County, Florida, for the use and benefit of the Pompano Beach Police Department, 352 So. 2d 138 (Fla. 4th DCA 1977). The court in that case labeled forfeiture proceedings as “quasi-criminal” in nature and found that section 939.06, Florida Statutes (1975), authority for an award of costs to an acquitted or discharged criminal defendant, did no…
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Morton v. Gardner, 513 So. 2d 725 (Fla. 3d DCA 1987)…(Fla. 2d DCA 1985) (State liable for loss of seized vehicle following unsuccessful forfeiture proceedings), rev. denied sub nom. State ex rel. Manatee County v. Kruysman, 486 So. 2d 598 (Fla 1986); State ex rel. City of Pompano Beach v. Washington, 352 So. 2d 138 (Fla. 4th DCA 1977) (right to recover for damage resulting from improper towing, storage, and negligent care of automobile). See also Lowther v. United States, 480 F. 2d 1031. Compare Formula One Motors, Ltd. v. United States, 777 F. 2d 822 (2d Cir.…
Authorities Cited
- Doran v. State, 296 So. 2d 86 (Fla. 2d DCA 1974)
- Daniel v. State, 309 So. 2d 248 (Fla. 4th DCA 1975)
- Hall v. State, 309 So. 2d 248 (Fla. 4th DCA 1975)