Florida Senate - 2024                        COMMITTEE AMENDMENT
       Bill No. CS for SB 388
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  02/21/2024           .                                

       The Committee on Rules (Garcia) recommended the following:
    1         Senate Amendment (with title amendment)
    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 charges for violating the rules of the
   20  property owner or operator; provide a working phone number and
   21  an e-mail address to receive inquiries and complaints; and
   22  provide notice of the grace period and appeal process provided
   23  by this section. Such signage may be regulated by the county or
   24  municipality in which the property is located.
   25         (b) An invoice for parking charges issued under this
   26  section must include the following statement in uppercase type:
   30         PENALTIES.
   32         (c)An invoice for parking charges issued for violating the
   33  rules of the property owner or operator of a private property
   34  used for motor vehicle parking must be placed on the motor
   35  vehicle in a prominent location or mailed within 5 business days
   36  of the violation. The owner or operator of a private property
   37  used for motor vehicle parking may not assess a late fee until
   38  expiration of the 15-day period following the denial of any
   39  appeal filed pursuant to paragraph (d) or for a period of at
   40  least 30 days after the invoice is placed on the motor vehicle
   41  or the postmarked date of the mailing, whichever is later.
   42         (d)An invoice for parking charges issued under this
   43  section must include a method to dispute and appeal the invoice
   44  by a party who believes they have received the invoice in error.
   45  Such dispute must be filed with the parking lot owner or
   46  operator within 15 days after the invoice is placed on the motor
   47  vehicle or after the postmarked date of the mailing of the
   48  invoice. The parking lot owner or operator shall have 5 business
   49  days in which to render a decision on the filed dispute. The
   50  party may then, within 10 days after receipt of the owner’s or
   51  operator’s decision, appeal such decision. The appeal must be
   52  determined by a neutral third-party adjudicator with the
   53  authority to review and approve or deny the appeal. If the
   54  appeal is approved, the invoice must be dismissed. If the appeal
   55  is denied, the party must pay the original invoice within 15
   56  days after the decision of the adjudicator.
   57         (e)Paragraphs (c) and (d) do not apply to an owner or
   58  operator of a theme park or entertainment complex as defined in
   59  s. 509.013(9).
   60         (2) A county or municipality may not enact an ordinance or
   61  a regulation restricting or prohibiting a right of a private
   62  property owner or operator established under subsection (1). Any
   63  such ordinance or regulation is a violation of this section and
   64  is null and void.
   65         (3)The owner or operator of a private property used for
   66  motor vehicle parking shall allow a grace period of at least 15
   67  minutes upon entrance to such property before any parking
   68  charges may be incurred, provided that the motor vehicle does
   69  not park during that time.
   70         (4)This section does not apply to an owner or operator of
   71  a lodging park, mobile home park, or recreational vehicle park
   72  as those terms are defined in s. 513.01, provided that the terms
   73  of tenancy and parking within such park are established by rules
   74  and regulations of the park pursuant to s. 513.117 or within a
   75  rental agreement between the owner or operator of the park and
   76  the operator of the motor vehicle.
   77         (5)An owner or operator of a private property used for
   78  motor vehicle parking may not sell, offer to sell, or transfer
   79  to another person for sale any personal information obtained
   80  from a party using the private property for parking services.
   81         Section 2. This act shall take effect July 1, 2024.
   83  ================= T I T L E  A M E N D M E N T ================
   84  And the title is amended as follows:
   85         Delete everything before the enacting clause
   86  and insert:
   87                        A bill to be entitled                      
   88         An act relating to motor vehicle parking on private
   89         property; amending s. 715.075, F.S.; providing
   90         requirements for signage for certain parking
   91         facilities; authorizing certain entities to regulate
   92         such signage; providing requirements for invoices for
   93         certain parking charges; prohibiting the assessment of
   94         a late fee before a certain period; requiring that
   95         such invoices include a dispute and appeal method;
   96         providing requirements for such method; providing
   97         applicability; requiring a specified grace period
   98         before parking charges may be incurred; providing an
   99         exception; prohibiting personal information from being
  100         sold, offered for sale, or transferred for sale by
  101         such owners or operators; providing an effective date.