This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives.
STORAGE NAME: h0617.LFS
DATE: 3/13/2023
HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: HB 617 Private Property for Motor Vehicle Parking
SPONSOR(S): Lopez, V. and others
TIED BILLS: IDEN./SIM. BILLS: SB 694
REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF
1) Local Administration, Federal Affairs & Special
Districts Subcommittee
Mwakyanjala Darden
2) State Affairs Committee
SUMMARY ANALYSIS
Current law authorizes the owner or operator of private property used for motor vehicle parking facility to
establish rules and rates that govern private persons parking at the facility. These rates may include parking
charges for violating the property owner or operator’s rules. Any rules or rates must be posted and clearly
visible to those parking at the facility. Invoices for parking charges must contain specified information to show
the charges are not being levied by a governmental entity. Counties and municipalities are prohibited from
enacting an ordinance or regulation restricting or prohibiting the right of a private property owner or operator to
establish such rules and rates. Any ordinance or regulation that violates the prohibition is null and void.
The bill amends requirements for owners or operators of a private property used for motor vehicle parking to:
Require the owner or operator to have a physical location in the state;
Require the fines and penalties established to be equal to fines and penalties set for municipal parking;
Require posted signage to include the owner or operator’s rules and rates, as well as the name of
owner, a customer service phone number, and hours of operation; and
Prohibit the owner or operator from reporting the invoice to a credit bureau.
The bill removes the prohibition against counties or municipalities enacting ordinances or regulations restricting
or prohibiting an owner or operator of private property from using their private property for motor vehicle
parking.
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DATE: 3/13/2023
FULL ANALYSIS
I. SUBSTANTIVE ANALYSIS
A. EFFECT OF PROPOSED CHANGES:
Present Situation
Regulation of Vehicles Parked on Private Property
Current law expressly authorizes the owner or operator of private property used as a motor vehicle
parking facility to establish rules and rates that govern private persons parking at the facility.
1
As part of
establishing rules and rates, property owners or operators may also set parking charges for violating
the parking facility’s rules. Any rules and rates must be posted and clearly visible to persons parking
motor vehicles on the property. If the owner or operator of the property issues an invoice for any
parking charges, that invoice must include the following statement in uppercase type:
THIS INVOICE IS PRIVATELY ISSUED, IS NOT ISSUED BY A GOVERNMENTAL
AUTHORITY, AND IS NOT SUBJECT TO CRIMINAL PENALTIES.
Counties and municipalities are prohibited from enacting an ordinance or regulation restricting or
prohibiting the right of a private property owner or operator to establish rules and rates.
2
Any ordinance
or regulation that violates this prohibition is null and void.
In 2019, before the passage of the current law, the City of Miami passed an emergency ordinance
banning the operators of privately-owned parking facilities in the city from issuing citations for violations
of facility rules, claiming that such citations caused confusion for the recipients who sometimes thought
the citations were city-issued and could lead to civil or criminal penalties.
3
In 2021, the City of Miami
amended the ordinance to authorize the issuance of private parking citations if they are not called a
“violation, citation, or ticket” and include a notice informing the recipient that “[t]his invoice is privately
issued, is not issued by a governmental authority, and is not subject to civil or criminal penalties.”
4
That
same year, Broward County enacted an ordinance making it “unlawful for any person, including a
parking facility operator or agent, to issue a private ticket to a motor vehicle or to the owner of any such
vehicle.”
5
Effect of Proposed Changes
The bill requires that the owner or operator of a private property used for motor vehicle parking must
have a physical location in the state and requires the fines and penalties established by owners or
operators to be equal to fines and penalties for municipal parking.
The bill revises the requirements of the posted notice regarding rules and rates. The bill requires the
notice to include, in addition to the rules, rates, and fines established by the owner or operator:
The name of the owner of the private property;
A customer service phone number; and,
The hours of operation.
The bill prohibits invoices issued by an owner or operator from resembling a citation issued by the local
government. The bill also prohibits an owner or operator from reporting an invoice for parking charges
to a credit bureau.
1
S. 715.075(1), F.S.
2
S. 715.075(2), F.S.
3
City of Miami, Fla. Ord. No. 13840 (enacted May 23, 2019); S. 25-292, City of Miami, Fla. Code of Ordinances.
4
City of Miami, Fla. Ord. No. 13990 (enacted April 22, 2021); S. 25-292, City of Miami, Fla. Code of Ordinances.
5
Broward County, Fla. Ord. No. 2021-43 (enacted Sept. 21, 2021); S. 20-164.2, Broward County, Fla. Code of Ordinances. STORAGE NAME: h0617.LFS PAGE: 3
DATE: 3/13/2023
The bill removes the prohibition against counties or municipalities enacting ordinances or regulations
restricting or prohibiting an owner or operator of private property from using their private property for
motor vehicle parking.
B. SECTION DIRECTORY:
Section 1: Amends s. 715.075, F.S., relating to the use of private property for motor vehicle
parking.
Section 2: Provides an effective date of July 1, 2023.
II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT
A. FISCAL IMPACT ON STATE GOVERNMENT:
1. Revenues:
None.
2. Expenditures:
None.
B. FISCAL IMPACT ON LOCAL GOVERNMENTS:
1. Revenues:
None.
2. Expenditures:
None.
C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
The requirement for fines and penalties established by the private parking owner or operator to be
equal to those for municipal parking, may have a negative impact on private property owner or
operators to the extent the current rate for fines or penalties exceed the fines and penalties set by the
corresponding municipality.
D. FISCAL COMMENTS:
None.
III. COMMENTS
A. CONSTITUTIONAL ISSUES:
1. Applicability of Municipality/County Mandates Provision:
Not Applicable. This bill does not appear to require counties or municipalities to spend funds or take
action requiring the expenditures of funds; reduce the authority that counties or municipalities have
to raise revenues in the aggregate; or reduce the percentage of state tax shared with counties or
municipalities.
2. Other:
None.
STORAGE NAME: h0617.LFS PAGE: 4
DATE: 3/13/2023
B. RULE-MAKING AUTHORITY:
The bill neither provides authority for nor requires rulemaking by executive branch agencies.
C. DRAFTING ISSUES OR OTHER COMM ENTS:
The bill requires fines or penalties established by private property owners and operators to be equal to
those established for municipal parking. It is unclear how this provision would apply to private property
located in an unincorporated area.
IV. AMENDMENTS/COMMITTEE SUBSTITUTE CHANGES
None.