§ 86-92. Notice of impoundment to owner; service of notice.

(a)

When a police officer impounds a motor vehicle pursuant to this article and the operator of the vehicle is present, the police officer shall provide to the operator a written notice advising that:

(1)

The motor vehicle is being impounded,the reason therefor, the location of impoundment and the name of the impoundment custodian.

(2)

Towing and impoundment charges will be assessed against the impounded vehicle.

(3)

The means whereby the operator can take possession of the impounded motor vehicle.

(4)

Impoundment of the motor vehicle creates a lien in favor of the city which may be satisfied by public sale of the motor vehicle by the city.

(b)

The operator of the impounded vehicle shall sign the notice as an acknowledgment that he has received a copy of it. A copy of the notice shall be provided to the operator.

(c)

If the operator of the motor vehicle is not present at the time of impoundment, the police officer shall mail by regular mail a copy of the aforesaid notice to the registered owner of such motor vehicle at the address shown on the motor vehicle registration. If the registered owner does not reside in the city as appears from the motor vehicle registration, the police officer may send notice by serving the secretary of state as provided in F.S. § 48.171.

(d)

If any person required by this section to sign a notice of impoundment fails or refuses to do so, or if such person cannot be found, the police officer shall note this fact on the face of the notice; and this shall constitute prima facie evidence of service of the notice as required by this section.

(Code 1979, § 19-102)