Florida Senate - 2024                       CS for CS for SB 388
       By the Committees on Rules; and Judiciary; and Senator Garcia
       595-03594-24                                           2024388c2
    1                        A bill to be entitled                      
    2         An act relating to motor vehicle parking on private
    3         property; amending s. 715.075, F.S.; providing
    4         requirements for signage for certain parking
    5         facilities; authorizing certain entities to regulate
    6         such signage; providing requirements for invoices for
    7         certain parking charges; prohibiting the assessment of
    8         a late fee before a certain period; requiring that
    9         such invoices include a dispute and appeal method;
   10         providing requirements for such method; providing
   11         applicability; requiring a specified grace period
   12         before parking charges may be incurred; providing an
   13         exception; prohibiting personal information from being
   14         sold, offered for sale, or transferred for sale by
   15         such owners or operators; providing an effective date.
   17  Be It Enacted by the Legislature of the State of Florida:
   19         Section 1. Section 715.075, Florida Statutes, is amended to
   20  read:
   21         715.075 Vehicles parked on private property; rules and
   22  rates authorized.—
   23         (1)(a) The owner or operator of a private property used for
   24  motor vehicle parking may establish rules and rates that govern
   25  private persons parking motor vehicles on such private property.
   26  Such rules and rates may include parking charges for violating
   27  the property owner’s or operator’s rules. The owner or operator
   28  of a private property used for motor vehicle parking and must
   29  place signage that is legible be posted and clearly visible to
   30  persons entering the area used for motor vehicle parking motor
   31  vehicles on such private property. The signage must state that
   32  the property is not operated by a governmental entity; list the
   33  rates for parking charges for violating the rules of the
   34  property owner or operator; provide a working phone number and
   35  an e-mail address to receive inquiries and complaints; and
   36  provide notice of the grace period and appeal process provided
   37  by this section. Such signage may be regulated by the county or
   38  municipality in which the property is located.
   39         (b) An invoice for parking charges issued under this
   40  section must include the following statement in uppercase type:
   44         PENALTIES.
   46         (c)An invoice for parking charges issued for violating the
   47  rules of the property owner or operator of a private property
   48  used for motor vehicle parking must be placed on the motor
   49  vehicle in a prominent location or mailed within 5 business days
   50  of the violation. The owner or operator of a private property
   51  used for motor vehicle parking may not assess a late fee until
   52  expiration of the 15-day period following the denial of any
   53  appeal filed pursuant to paragraph (d) or for a period of at
   54  least 30 days after the invoice is placed on the motor vehicle
   55  or the postmarked date of the mailing, whichever is later.
   56         (d)An invoice for parking charges issued under this
   57  section must include a method to dispute and appeal the invoice
   58  by a party who believes they have received the invoice in error.
   59  Such dispute must be filed with the parking lot owner or
   60  operator within 15 days after the invoice is placed on the motor
   61  vehicle or after the postmarked date of the mailing of the
   62  invoice. The parking lot owner or operator shall have 5 business
   63  days in which to render a decision on the filed dispute. The
   64  party may then, within 10 days after receipt of the owner’s or
   65  operator’s decision, appeal such decision. The appeal must be
   66  determined by a neutral third-party adjudicator with the
   67  authority to review and approve or deny the appeal. If the
   68  appeal is approved, the invoice must be dismissed. If the appeal
   69  is denied, the party must pay the original invoice within 15
   70  days after the decision of the adjudicator.
   71         (e)Paragraphs (c) and (d) do not apply to an owner or
   72  operator of a theme park or entertainment complex as defined in
   73  s. 509.013(9).
   74         (2) A county or municipality may not enact an ordinance or
   75  a regulation restricting or prohibiting a right of a private
   76  property owner or operator established under subsection (1). Any
   77  such ordinance or regulation is a violation of this section and
   78  is null and void.
   79         (3)The owner or operator of a private property used for
   80  motor vehicle parking shall allow a grace period of at least 15
   81  minutes upon entrance to such property before any parking
   82  charges may be incurred, provided that the motor vehicle does
   83  not park during that time.
   84         (4)This section does not apply to an owner or operator of
   85  a lodging park, mobile home park, or recreational vehicle park
   86  as those terms are defined in s. 513.01, provided that the terms
   87  of tenancy and parking within such park are established by rules
   88  and regulations of the park pursuant to s. 513.117 or within a
   89  rental agreement between the owner or operator of the park and
   90  the operator of the motor vehicle.
   91         (5)An owner or operator of a private property used for
   92  motor vehicle parking may not sell, offer to sell, or transfer
   93  to another person for sale any personal information obtained
   94  from a party using the private property for parking services.
   95         Section 2. This act shall take effect July 1, 2024.