§ 54-201. Impoundment of motor vehicles; controlled substances and prostitution.

(a)

A motor vehicle shall be subject to seizure and impoundment whenever a police officer has probable cause that the vehicle:

(1)

Contains any controlled substance or cannabis as defined in F.S. ch. 893;

(2)

Was used in the purchase, attempt to purchase, sale, or attempt to sell such controlled substance or cannabis; or

(3)

Was used to facilitate the commission of an act of prostitution assignation or lewdness as defined in and pursuant to Florida F.S. § 796.07.

(b)

Upon seizing the motor vehicle, the police officer shall:

(1)

Provide for the towing of the vehicle to a city-owned or city controlled facility, or to a facility controlled by the city's towing agent; and

(2)

Notify in writing the person determined to be the owner of the vehicle and any person who is found to be in control of the vehicle at the time of the seizure of the fact of the seizure and impoundment of the vehicle as well as of the right to request a preliminary hearing pursuant to section 54-202.

(c)

The notices to be given pursuant to this section shall be provided by hand delivery at the time of the seizure and impoundment of the vehicle, except if the vehicle owner is not available to receive such notice, or except if neither the vehicle owner nor the person in control of the vehicle at the time of its seizure is available to receive such notice, then notice shall be provided to the vehicle owner by certified mail return receipt requested within 48 hours of the time of impoundment, excluding Saturdays, Sundays and legal holidays.

(d)

This section shall not apply and the vehicle shall not be seized or impounded if:

(1)

The possession, use or sale of the controlled substance and/or cannabis is authorized by F.S. ch. 893 or F.S. ch. 499;

(2)

The vehicle was stolen at the time that it was subject to seizure and impoundment;

(3)

The vehicle was operating as a common carrier at the time it was subject to seizure and impoundment; or

(4)

A law enforcement agency has expressed its intent in writing to institute forfeiture proceedings on the vehicle.

(Code 1979, § 20-160)