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 parking and must
29 place signage that is legible be posted and clearly visible to
30 persons entering the area used for motor vehicle parking motor
31 vehicles 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.