16 | | - | parking; amending s. 715.075, F.S.; requiring invoices 3 |
---|
17 | | - | for parking charges to be sent by certified mail to a 4 |
---|
18 | | - | specified party; prohibiting the assessment of a late 5 |
---|
19 | | - | fee before a certain period; authorizing the 6 |
---|
20 | | - | assessment of a late fee after such period; 7 |
---|
21 | | - | prohibiting a county or municipality from adopting a 8 |
---|
22 | | - | certain ordinance or regulation; prohibiting a private 9 |
---|
23 | | - | property owner or operator from charging specified 10 |
---|
24 | | - | parties under certain conditions; providing an 11 |
---|
25 | | - | effective date. 12 |
---|
26 | | - | 13 |
---|
27 | | - | Be It Enacted by the Legislature of the State of Florida: 14 |
---|
28 | | - | 15 |
---|
29 | | - | Section 1. Section 715.075, Florida Statutes, is amended 16 |
---|
30 | | - | to read: 17 |
---|
31 | | - | 715.075 Vehicles parked on private property; rules and 18 |
---|
32 | | - | rates authorized.— 19 |
---|
33 | | - | (1)(a) The owner or operator of a private property used 20 |
---|
34 | | - | for motor vehicle parking may establish rules and rates that 21 |
---|
35 | | - | govern private persons parking motor vehicles on such private 22 |
---|
36 | | - | property. Such rules and rates may include parking charges for 23 |
---|
37 | | - | violating the property owner's or operator's rules and must be 24 |
---|
38 | | - | posted and clearly visible to persons parking motor vehicles on 25 |
---|
| 16 | + | parking; amending s. 715.075, F.S.; requiring owners 3 |
---|
| 17 | + | and operators of certain property to follow specified 4 |
---|
| 18 | + | rules; prohibiting certain invoices from resembling 5 |
---|
| 19 | + | specified citations; removing a provision prohibiting 6 |
---|
| 20 | + | certain county and municipal regulations; providing an 7 |
---|
| 21 | + | effective date. 8 |
---|
| 22 | + | 9 |
---|
| 23 | + | Be It Enacted by the Legislature of the State of Florida: 10 |
---|
| 24 | + | 11 |
---|
| 25 | + | Section 1. Section 715.075, Florida Statutes, is amended 12 |
---|
| 26 | + | to read: 13 |
---|
| 27 | + | 715.075 Vehicles parked on private property; rules and 14 |
---|
| 28 | + | rates authorized.— 15 |
---|
| 29 | + | (1) The owner or operator of a private property used for 16 |
---|
| 30 | + | motor vehicle parking : 17 |
---|
| 31 | + | (a) Must have a physical location in this state. 18 |
---|
| 32 | + | (b) May establish rules and rates that govern private 19 |
---|
| 33 | + | persons parking motor vehicles on such private property. Such 20 |
---|
| 34 | + | rules and rates may include parking charges for violating the 21 |
---|
| 35 | + | property owner's or operator's rules and must be posted and 22 |
---|
| 36 | + | clearly visible to persons parking motor vehicles on such 23 |
---|
| 37 | + | private property. 24 |
---|
| 38 | + | (c) Must establish fines and penalties equal to the fines 25 |
---|
51 | | - | such private property. 26 |
---|
52 | | - | (b) An invoice for parking charges issued under thi s 27 |
---|
53 | | - | section must include the following statement in uppercase type: 28 |
---|
54 | | - | THIS INVOICE IS PRIVATELY ISSUED, IS NOT ISSUED BY A 29 |
---|
55 | | - | GOVERNMENTAL AUTHORITY, AND IS NOT SUBJECT TO CRIMINAL 30 |
---|
56 | | - | PENALTIES. 31 |
---|
57 | | - | (c) An invoice for parking charges issued under this 32 |
---|
58 | | - | section must be sent to the registered owner of the vehicle by 33 |
---|
59 | | - | certified mail. The owner or operator of a private property used 34 |
---|
60 | | - | for motor vehicle parking may not assess a late fee for a period 35 |
---|
61 | | - | of at least 30 days after the postmarked date of the mailing. 36 |
---|
62 | | - | (2) A county or municipality may not enact an ordinance or 37 |
---|
63 | | - | a regulation restricting in any manner the parking rates charged 38 |
---|
64 | | - | by or prohibiting a right of a private property owner or 39 |
---|
65 | | - | operator, including parking charges for violating the rules of 40 |
---|
66 | | - | the property owner or opera tor established under subsection (1) . 41 |
---|
67 | | - | Any such ordinance or regulation is a violation of this section 42 |
---|
68 | | - | and is null and void. 43 |
---|
69 | | - | (3) The owner or operator of a private property used for 44 |
---|
70 | | - | motor vehicle parking may not charge the registered owner or 45 |
---|
71 | | - | other legally authorized person in control of the vehicle that 46 |
---|
72 | | - | enters the private property if the owner or other legally 47 |
---|
73 | | - | authorized person is on the property for less than 10 minutes 48 |
---|
74 | | - | and does not park. 49 |
---|
75 | | - | Section 2. This act shall take effect July 1, 2023. 50 |
---|
| 51 | + | and penalties set for municipal parking. 26 |
---|
| 52 | + | (d) Must have posted signage that is clearly visible to 27 |
---|
| 53 | + | persons parking motor vehicle s on such private property and 28 |
---|
| 54 | + | include: 29 |
---|
| 55 | + | 1. Any rules established under paragraph (b), including 30 |
---|
| 56 | + | any parking charges for violations. 31 |
---|
| 57 | + | 2. The fines and penalties established under paragraph 32 |
---|
| 58 | + | (c). 33 |
---|
| 59 | + | 3. The name of the owner of the private property. 34 |
---|
| 60 | + | 4. A customer service phone number and hours of operation. 35 |
---|
| 61 | + | (e) May not report an invoice to a credit bureau. 36 |
---|
| 62 | + | (2)(a) An invoice for parking charges issued under this 37 |
---|
| 63 | + | section must include the following statement in uppercase type: 38 |
---|
| 64 | + | THIS INVOICE IS PRIVATELY ISSUED, IS NOT ISSUED BY A 39 |
---|
| 65 | + | GOVERNMENTAL AUTHORITY, AND IS NOT SUBJECT TO CRIMINAL 40 |
---|
| 66 | + | PENALTIES. 41 |
---|
| 67 | + | (b) An invoice issued under this section may not resemble 42 |
---|
| 68 | + | the citations issued by local authorities. 43 |
---|
| 69 | + | (2) A county or municipality may not enact an ordinance or 44 |
---|
| 70 | + | a regulation restricting or prohibiting a right of a private 45 |
---|
| 71 | + | property owner or operator established under subsection (1). Any 46 |
---|
| 72 | + | such ordinance or regulation is a violation of this section and 47 |
---|
| 73 | + | is null and void. 48 |
---|
| 74 | + | Section 2. This act shall take effect July 1, 2023. 49 |
---|