Florida Senate - 2024                              CS for SB 388
       
       
        
       By the Committee on Judiciary; and Senator Garcia
       
       
       
       
       
       590-02611-24                                           2024388c1
    1                        A bill to be entitled                      
    2         An act relating to motor vehicle parking on private
    3         property; amending s. 715.075, F.S.; requiring the
    4         owner or operator of a private property used for motor
    5         vehicle parking to place certain signage on the
    6         property; providing requirements for the placement and
    7         contents of such signage; providing requirements for
    8         invoices for parking charges issued for violating
    9         rules of the property owner or operator of such
   10         property; prohibiting the assessment of a late fee for
   11         the later of a specified event or a specified period
   12         of time; requiring that invoices for parking charges
   13         include a method for appealing parking invoices under
   14         certain circumstances; providing requirements for such
   15         appeal process; requiring the property owner or
   16         operator of such property to allow a specified grace
   17         period before certain charges may be incurred;
   18         providing an exception; providing applicability;
   19         prohibiting owners or operators of private property
   20         used for motor vehicle parking from using, selling, or
   21         offering to sell or transfer to another person
   22         personal information obtained from a party using the
   23         property for parking; providing an 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. The owner or operator
   36  of a private property used for motor vehicle parking and must
   37  place signage that is legible be posted and clearly visible to
   38  persons entering the area used for motor vehicle parking motor
   39  vehicles on such private property. The signage must state that
   40  the property is not operated by a governmental entity; list the
   41  rates for parking, including parking charges for violating the
   42  rules of the property owner or operator; and provide notice of
   43  the grace period and appeal process provided by this section.
   44  Such signage may be regulated by the county or municipality in
   45  which the property is located.
   46         (b) An invoice for parking charges issued under this
   47  section must include the following statement in uppercase type:
   48         THIS INVOICE IS PRIVATELY ISSUED, IS NOT ISSUED BY A
   49  GOVERNMENTAL AUTHORITY, AND IS NOT SUBJECT TO CRIMINAL
   50  PENALTIES.
   51         (c)An invoice for parking charges issued for violating the
   52  rules of the property owner or operator of a private property
   53  used for motor vehicle parking must be placed on the motor
   54  vehicle in a prominent location or mailed within 5 days after
   55  the violation. The owner or operator of a private property used
   56  for motor vehicle parking may not assess a late fee until the
   57  denial of any appeal filed pursuant to paragraph (d) or for a
   58  period of at least 30 days after the invoice is placed on the
   59  motor vehicle or the postmarked date of the mailing, as
   60  applicable, whichever is later.
   61         (d)An invoice for parking charges issued under this
   62  section must include a method to appeal the invoice by a party
   63  who believes that he or she has received the invoice in error.
   64  Such appeal must be filed within 30 days after the invoice is
   65  placed on the motor vehicle or after the postmarked date of the
   66  mailing of the invoice, as applicable. The appeal process must
   67  use a neutral third-party adjudicator with the authority to
   68  review and approve or deny the appeal.
   69         (2) A county or municipality may not enact an ordinance or
   70  a regulation restricting or prohibiting a right of a private
   71  property owner or operator established under subsection (1). Any
   72  such ordinance or regulation is a violation of this section and
   73  is null and void.
   74         (3)The owner or operator of a private property used for
   75  motor vehicle parking must allow a grace period of at least 10
   76  minutes upon entrance to such property before any parking
   77  charges may be incurred, provided that the motor vehicle does
   78  not park during that time.
   79         (4) This section does not apply to owners or operators of
   80  mobile home parks, lodging parks, and recreational vehicle parks
   81  as those terms are defined by s. 513.01, provided the terms of
   82  tenancy and parking within such parks are established by rules
   83  and regulations of the park pursuant to s. 513.117 or within a
   84  rental agreement between the owner or operator of the park and
   85  the operator of the motor vehicle.
   86         (5) An owner or operator of a private property used for
   87  motor vehicle parking may not use, sell, or offer to sell or
   88  transfer to another person for use or sale any personal
   89  information obtained from a party using the private property for
   90  parking services.
   91         Section 2. This act shall take effect July 1, 2024.