Florida Senate - 2024 COMMITTEE AMENDMENT
Bill No. SB 388
Ì5294089Î529408
LEGISLATIVE ACTION
Senate . House
Comm: RCS .
01/29/2024 .
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The Committee on Judiciary (Garcia) recommended the following:
1 Senate Amendment (with title amendment)
2
3 Delete everything after the enacting clause
4 and insert:
5 Section 1. Section 715.075, Florida Statutes, is amended to
6 read:
7 715.075 Vehicles parked on private property; rules and
8 rates authorized.—
9 (1)(a) The owner or operator of a private property used for
10 motor vehicle parking may establish rules and rates that govern
11 private persons parking motor vehicles on such private property.
12 Such rules and rates may include parking charges for violating
13 the property owner’s or operator’s rules. The owner or operator
14 of a private property used for motor vehicle parking and must
15 place signage that is legible be posted and clearly visible to
16 persons entering the area used for motor vehicle parking motor
17 vehicles on such private property. The signage must state that
18 the property is not operated by a governmental entity; list the
19 rates for parking, including parking charges for violating the
20 rules of the property owner or operator; and provide notice of
21 the grace period and appeal process provided by this section.
22 Such signage may be regulated by the county or municipality in
23 which the property is located.
24 (b) An invoice for parking charges issued under this
25 section must include the following statement in uppercase type:
26 THIS INVOICE IS PRIVATELY ISSUED, IS NOT ISSUED BY A
27 GOVERNMENTAL AUTHORITY, AND IS NOT SUBJECT TO CRIMINAL
28 PENALTIES.
29 (c) An invoice for parking charges issued for violating the
30 rules of the property owner or operator of a private property
31 used for motor vehicle parking must be placed on the motor
32 vehicle in a prominent location or mailed within 5 days after
33 the violation. The owner or operator of a private property used
34 for motor vehicle parking may not assess a late fee until the
35 denial of any appeal filed pursuant to paragraph (d) or for a
36 period of at least 30 days after the invoice is placed on the
37 motor vehicle or the postmarked date of the mailing, as
38 applicable, whichever is later.
39 (d) An invoice for parking charges issued under this
40 section must include a method to appeal the invoice by a party
41 who believes that he or she has received the invoice in error.
42 Such appeal must be filed within 30 days after the invoice is
43 placed on the motor vehicle or after the postmarked date of the
44 mailing of the invoice, as applicable. The appeal process must
45 use a neutral third-party adjudicator with the authority to
46 review and approve or deny the appeal.
47 (2) A county or municipality may not enact an ordinance or
48 a regulation restricting or prohibiting a right of a private
49 property owner or operator established under subsection (1). Any
50 such ordinance or regulation is a violation of this section and
51 is null and void.
52 (3) The owner or operator of a private property used for
53 motor vehicle parking must allow a grace period of at least 10
54 minutes upon entrance to such property before any parking
55 charges may be incurred, provided that the motor vehicle does
56 not park during that time.
57 (4) This section does not apply to owners or operators of
58 mobile home parks, lodging parks, and recreational vehicle parks
59 as those terms are defined by s. 513.01, provided the terms of
60 tenancy and parking within such parks are established by rules
61 and regulations of the park pursuant to s. 513.117 or within a
62 rental agreement between the owner or operator of the park and
63 the operator of the motor vehicle.
64 (5) An owner or operator of a private property used for
65 motor vehicle parking may not use, sell, or offer to sell or
66 transfer to another person for use or sale any personal
67 information obtained from a party using the private property for
68 parking services.
69 Section 2. This act shall take effect July 1, 2024.
70
71 ================= T I T L E A M E N D M E N T ================
72 And the title is amended as follows:
73 Delete everything before the enacting clause
74 and insert:
75 A bill to be entitled
76 An act relating to motor vehicle parking on private
77 property; amending s. 715.075, F.S.; requiring the
78 owner or operator of a private property used for motor
79 vehicle parking to place certain signage on the
80 property; providing requirements for the placement and
81 contents of such signage; providing requirements for
82 invoices for parking charges issued for violating
83 rules of the property owner or operator of such
84 property; prohibiting the assessment of a late fee for
85 the later of a specified event or a specified period
86 of time; requiring that invoices for parking charges
87 include a method for appealing parking invoices under
88 certain circumstances; providing requirements for such
89 appeal process; requiring the property owner or
90 operator of such property to allow a specified grace
91 period before certain charges may be incurred;
92 providing an exception; providing applicability;
93 prohibiting owners or operators of private property
94 used for motor vehicle parking from using, selling, or
95 offering to sell or transfer to another person
96 personal information obtained from a party using the
97 property for parking; providing an effective date.