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. 24 25 Be It Enacted by the Legislature of the State of Florida: 26 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: 40 41 THIS INVOICE IS PRIVATELY ISSUED, IS NOT ISSUED BY A 42 GOVERNMENTAL AUTHORITY, AND IS NOT SUBJECT TO CRIMINAL 43 PENALTIES. 44 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 byor prohibiting a right ofa 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.