Florida Senate - 2024                                     SB 388
       By Senator Garcia
       36-00582-24                                            2024388__
    1                        A bill to be entitled                      
    2         An act relating to motor vehicle parking on private
    3         property; amending s. 715.075, F.S.; revising the
    4         requirements for displaying a private parking owner’s
    5         or operator’s rules and rates to customers; requiring
    6         that invoices for parking charges be sent within a
    7         certain timeframe; requiring that invoices for parking
    8         include notification of a method of appeal;
    9         prohibiting the assessment of a late fee during a
   10         specified timeframe; prohibiting a county or
   11         municipality from adopting certain ordinances or
   12         regulations; prohibiting a private parking owner or
   13         operator from charging a customer until certain
   14         criteria have been met; requiring private parking
   15         owners or operators to incorporate a specified mobile
   16         payment application; requiring that the mobile
   17         application send customers specified electronic
   18         notifications; requiring private parking owners or
   19         operators that issue invoices for certain payments to
   20         use a third-party independent adjudicator to review
   21         all appeals made by customers; authorizing the
   22         adjudicator to uphold or deny an appeal; providing an
   23         effective date.
   25  Be It Enacted by the Legislature of the State of Florida:
   27         Section 1. Section 715.075, Florida Statutes, is amended to
   28  read:
   29         715.075 Vehicles parked on private property; rules and
   30  rates authorized.—
   31         (1)(a) The owner or operator of a private property used for
   32  motor vehicle parking may establish rules and rates that govern
   33  private persons parking motor vehicles on such private property.
   34  Such rules and rates may include parking charges for violating
   35  the property owner’s or operator’s rules and must be posted in
   36  legible type and be clearly visible to persons parking motor
   37  vehicles on such private property.
   38         (b) An invoice for parking charges issued under this
   39  section must include the following statement in uppercase type:
   43         PENALTIES.
   45         (c) An invoice for parking charges must be mailed within 48
   46  hours after the violation. All issued invoices must include a
   47  method of appeal. The owner or operator of a private property
   48  used for motor vehicle parking may not assess a late fee for a
   49  period of at least 30 days after the postmarked date of the
   50  mailing.
   51         (2) A county or municipality may not enact an ordinance or
   52  a regulation restricting in any manner the parking rates charged
   53  by or prohibiting a right of a private property owner or
   54  operator established under subsection (1), including parking
   55  charges for violating the rules of the property owner or
   56  operator. Any such ordinance or regulation is a violation of
   57  this section and is null and void.
   58         (3) The owner or operator of a private property used for
   59  motor vehicle parking may only begin to charge a customer 10
   60  minutes after the customer enters the property or after the
   61  customer parks his or her motor vehicle on the property,
   62  whichever occurs first.
   63         (4) Owners or operators of a private property used for
   64  motor vehicle parking shall incorporate a mobile payment
   65  application that allows a customer to pay for parking services
   66  on his or her mobile device. Such mobile payment application
   67  must send the customer an electronic notification informing the
   68  customer that he or she is leaving the property without making
   69  payment or that his or her parking is about to expire.
   70         (5) Private property parking owners or operators that issue
   71  invoices for payment or rule violations must use a third-party
   72  independent adjudicator to review all appeals made by customers.
   73  The adjudicator shall review and may uphold or deny an appeal.
   74         Section 2. This act shall take effect July 1, 2024.