This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives.
STORAGE NAME: h0617a.LFS
DATE: 3/16/2023
HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: CS/HB 617 Private Property for Motor Vehicle Parking
SPONSOR(S): Local Administration, Federal Affairs & Special Districts Subcommittee, 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
17 Y, 0 N, As CS 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:
Requires invoices for parking charges to be sent to the registered owner of the vehicle by certified mail;
Prohibits owners or operators of privately-owned parking facilities from assessing a late fee for at least
30 days after the postmarked date of mailing;
Prohibits counties and municipalities from enacting ordinances or regulations restricting in any manner
the parking rates charged by property owners and operators of privately-owned parking facilities,
including parking charges for violating the property owner’s or operator’s rules;
Prohibits counties and municipalities from enacting ordinances or regulations restricting parking
charges for violating the rules established by the owner or operator of privately-owned parking facilities.
Establishes a ten-minute grace period in which owners and operators of privately-owned parking
facilities may not charge vehicle operators that enter the parking property, if the vehicle does not park.
STORAGE NAME: h0617a.LFS PAGE: 2
DATE: 3/16/2023
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 invoices for parking charges to be sent to the registered owner of the vehicle by
certified mail and prohibits the owner or operator of a privately-owned parking facility from assessing a
late fee for at least 30 days after the postmarked date of the mailing.
The bill revises the preemption concerning of a county or municipality’s ability to enact an ordinance or
regulation restricting or prohibiting the rights of a private property owner or operator to apply to the local
government’s ability to restrict in any manner the parking rates charged by the property owner or
operator, including parking charges for violating the property owner or operator’s rules.
The bill establishes a ten-minute grace period in which owners and operators of privately-owned
parking facilities may not charge vehicle operators that enter the private property, if the vehicle does
not park.
B. SECTION DIRECTORY:
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: h0617a.LFS PAGE: 3
DATE: 3/16/2023
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 STA TEMENT
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 to send invoices by certified mail, a 30-day waiting period before assessing late fees,
and the ten-minute grace period may reduce the revenue of the owners and operators of privately-
owned parking facilities.
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.
B. RULE-MAKING AUTHORITY:
The bill neither provides authority for nor requires rulemaking by executive branch agencies.
C. DRAFTING ISSUES OR OTHER COMMENTS:
None. STORAGE NAME: h0617a.LFS PAGE: 4
DATE: 3/16/2023
IV. AMENDMENTS/COMMITTEE SUBSTITUTE CHANGES
On March 15, 2023, the Local Administration, Federal Affairs & Special Districts Subcommittee adopted a
strike-all amendment and reported the bill favorably as a committee substitute. The committee substitute:
Requires invoices for parking charges issued to be sent to the registered owner of the vehicle by
certified mail and prohibits owners or operators of privately-owned parking facilities from assessing
a late fee for at least 30 days after the postmarked date of mailing;
Prohibits counties and municipalities from enacting ordinances or regulations restricting in any
manner the parking rates charged by owners and operators of privately-owned parking facilities,
including parking charges for violation of facility rules.
Establishes a ten-minute grace period in which owners and operators of privately-owned parking
facilities may not charge vehicle operators that enter the property so long as the vehicle does not
park.
This analysis is drafted to the committee substitute as passed by the Local Administration, Federal
Affairs & Special Districts Subcommittee.