Florida 2024 2024 Regular Session

Florida House Bill H0271 Introduced / Bill

Filed 10/24/2023

                       
 
HB 271  	2024 
 
 
 
CODING: Words stricken are deletions; words underlined are additions. 
hb0271-00 
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F L O R I D A H O U S E O F R E P	R E S E N T A T I V E	S 
 
 
 
A bill to be entitled 1 
An act relating to motor vehicle parking on private 2 
property; amending s. 715.075, F.S.; requiring that 3 
posted rules and rates for certain parking facilities 4 
meet specified legibility and visibility standards; 5 
prohibiting issuance of invoices for parking unless 6 
such invoices include a method for appeal; providing 7 
requirements for such appeal process; requiring that 8 
invoices for parking charges to be sent within a 9 
certain period of time; prohibiting the assessment of 10 
a late fee before a certain period; prohibiting a 11 
county or municipality from adopting a certain 12 
ordinance or regulation; requiring a specified grace 13 
period before certain charges may be incurred; 14 
providing an exception; prohibiting payment through a 15 
mobile payment application unless such application 16 
sends specified notices to the user; providing an 17 
effective date. 18 
 19 
Be It Enacted by the Legislature of the State of Florida: 20 
 21 
 Section 1.  Section 715.075, Florida Statutes, is amended 22 
to read: 23 
 715.075  Vehicles parked on private property; rules and 24 
rates authorized.— 25     
 
HB 271  	2024 
 
 
 
CODING: Words stricken are deletions; words underlined are additions. 
hb0271-00 
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F L O R I D A H O U S E O F R E P	R E S E N T A T I V E	S 
 
 
 
 (1)(a) The owner or operator of a private property used 26 
for motor vehicle parking may establish rules and rates that 27 
govern private persons parking motor vehicles on such private 28 
property. Such rules and rates may include parking charges for 29 
violating the property owner's or operator's rules and must be 30 
posted, legible, and clearly visible to persons entering and 31 
exiting the area used for motor vehicle parking motor vehicles 32 
on such private property . However, an invoice for parking 33 
charges may not be issued unless the invoice includes a method 34 
to appeal the invoice by a party who believes they have received 35 
the invoice in error. The ap peal process must use a neutral 36 
third-party adjudicator with the authority to review and 37 
authorize or deny the appeal. 38 
 (b) An invoice for parking charges issued under this 39 
section must include the following statement in uppercase type: 40 
THIS INVOICE IS PRIVATELY ISSUED, IS NOT ISSUED BY A 41 
GOVERNMENTAL AUTHORITY, AND IS NOT SUBJECT TO CRIMINAL 42 
PENALTIES. 43 
 (c)  An invoice for parking charges issued under this 44 
section must be mailed within 48 hours of the violation. The 45 
owner or operator of a private property used for motor vehicle 46 
parking may not assess a late fee for a period of at least 30 47 
days after the postmarked date of the mailing. 48 
 (2)  A county or municipality may not enact an ordinance or 49 
a regulation restricting in any manner the parking rates charg ed 50     
 
HB 271  	2024 
 
 
 
CODING: Words stricken are deletions; words underlined are additions. 
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F L O R I D A H O U S E O F R E P	R E S E N T A T I V E	S 
 
 
 
by or prohibiting a right of a private property owner or 51 
operator, including parking charges for violating the rules of 52 
the property owner or operator established under subsection (1) . 53 
Any such ordinance or regulation is a violation of this section 54 
and is null and void. 55 
 (3)  The owner or operator of a private property used for 56 
motor vehicle parking must allow a grace period of at least 10 57 
minutes upon entrance to such property before any parking 58 
charges may be incurred, provided that the motor vehicle d oes 59 
not park during that time. 60 
 (4)  The owner or operator of a private property used for 61 
motor vehicle parking may only allow payment through a mobile 62 
payment application if such application sends a notice to the 63 
application's user when the parking sessio n has expired or if 64 
the motor vehicle exits the premises without paying. 65 
 Section 2.  This act shall take effect July 1, 2024. 66