Bill Text: FL S0388 | 2024 | Regular Session | Comm Sub
Bill Title: Motor Vehicle Parking on Private Property
Spectrum: Slight Partisan Bill (? 2-1)
Status: (Introduced) 2024-03-04 - Laid on Table, refer to CS/CS/HB 271 [S0388 Detail]
Download: Florida-2024-S0388-Comm_Sub.html
Florida Senate - 2024 CS for CS for SB 388 By the Committees on Rules; and Judiciary; and Senator Garcia 595-03594-24 2024388c2 1 A bill to be entitled 2 An act relating to motor vehicle parking on private 3 property; amending s. 715.075, F.S.; providing 4 requirements for signage for certain parking 5 facilities; authorizing certain entities to regulate 6 such signage; providing requirements for invoices for 7 certain parking charges; prohibiting the assessment of 8 a late fee before a certain period; requiring that 9 such invoices include a dispute and appeal method; 10 providing requirements for such method; providing 11 applicability; requiring a specified grace period 12 before parking charges may be incurred; providing an 13 exception; prohibiting personal information from being 14 sold, offered for sale, or transferred for sale by 15 such owners or operators; providing an effective date. 16 17 Be It Enacted by the Legislature of the State of Florida: 18 19 Section 1. Section 715.075, Florida Statutes, is amended to 20 read: 21 715.075 Vehicles parked on private property; rules and 22 rates authorized.— 23 (1)(a) The owner or operator of a private property used for 24 motor vehicle parking may establish rules and rates that govern 25 private persons parking motor vehicles on such private property. 26 Such rules and rates may include parking charges for violating 27 the property owner’s or operator’s rules. The owner or operator 28 of a private property used for motor vehicle parkingandmust 29 place signage that is legiblebe postedand clearly visible to 30 persons entering the area used for motor vehicle parkingmotor31vehicles on such private property. The signage must state that 32 the property is not operated by a governmental entity; list the 33 rates for parking charges for violating the rules of the 34 property owner or operator; provide a working phone number and 35 an e-mail address to receive inquiries and complaints; and 36 provide notice of the grace period and appeal process provided 37 by this section. Such signage may be regulated by the county or 38 municipality in which the property is located. 39 (b) An invoice for parking charges issued under this 40 section must include the following statement in uppercase type: 41 42 THIS INVOICE IS PRIVATELY ISSUED, IS NOT ISSUED BY A 43 GOVERNMENTAL AUTHORITY, AND IS NOT SUBJECT TO CRIMINAL 44 PENALTIES. 45 46 (c) An invoice for parking charges issued for violating the 47 rules of the property owner or operator of a private property 48 used for motor vehicle parking must be placed on the motor 49 vehicle in a prominent location or mailed within 5 business days 50 of the violation. The owner or operator of a private property 51 used for motor vehicle parking may not assess a late fee until 52 expiration of the 15-day period following the denial of any 53 appeal filed pursuant to paragraph (d) or for a period of at 54 least 30 days after the invoice is placed on the motor vehicle 55 or the postmarked date of the mailing, whichever is later. 56 (d) An invoice for parking charges issued under this 57 section must include a method to dispute and appeal the invoice 58 by a party who believes they have received the invoice in error. 59 Such dispute must be filed with the parking lot owner or 60 operator within 15 days after the invoice is placed on the motor 61 vehicle or after the postmarked date of the mailing of the 62 invoice. The parking lot owner or operator shall have 5 business 63 days in which to render a decision on the filed dispute. The 64 party may then, within 10 days after receipt of the owner’s or 65 operator’s decision, appeal such decision. The appeal must be 66 determined by a neutral third-party adjudicator with the 67 authority to review and approve or deny the appeal. If the 68 appeal is approved, the invoice must be dismissed. If the appeal 69 is denied, the party must pay the original invoice within 15 70 days after the decision of the adjudicator. 71 (e) Paragraphs (c) and (d) do not apply to an owner or 72 operator of a theme park or entertainment complex as defined in 73 s. 509.013(9). 74 (2) A county or municipality may not enact an ordinance or 75 a regulation restricting or prohibiting a right of a private 76 property owner or operator established under subsection (1). Any 77 such ordinance or regulation is a violation of this section and 78 is null and void. 79 (3) The owner or operator of a private property used for 80 motor vehicle parking shall allow a grace period of at least 15 81 minutes upon entrance to such property before any parking 82 charges may be incurred, provided that the motor vehicle does 83 not park during that time. 84 (4) This section does not apply to an owner or operator of 85 a lodging park, mobile home park, or recreational vehicle park 86 as those terms are defined in s. 513.01, provided that the terms 87 of tenancy and parking within such park are established by rules 88 and regulations of the park pursuant to s. 513.117 or within a 89 rental agreement between the owner or operator of the park and 90 the operator of the motor vehicle. 91 (5) An owner or operator of a private property used for 92 motor vehicle parking may not sell, offer to sell, or transfer 93 to another person for sale any personal information obtained 94 from a party using the private property for parking services. 95 Section 2. This act shall take effect July 1, 2024.