CS/CS/HB 271 2024
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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.; providing 3
requirements for signage for certain parking 4
facilities; authorizing certain entities to regulate 5
such signage; providing requirements for invoices for 6
certain parking charges; prohibiting the assessment of 7
a late fee before a certain period; requiring such 8
invoices to include a dispute and appeal method; 9
providing requirements for such method; providing 10
applicability; requiring a specified grace period 11
before parking charges may be incurred; providing an 12
exception; prohibiting personal information from being 13
sold, offered for sale, or transferred for sale by 14
such owners or operators; providing an effective date. 15
16
Be It Enacted by the Legislature of the State of Florida: 17
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Section 1. Section 715.075, Florida Statutes, is amended 19
to read: 20
715.075 Vehicles parked on private property; rules and 21
rates authorized.— 22
(1)(a) The owner or operator of a private property used 23
for motor vehicle parking may establish rules and rates that 24
govern private persons parking motor vehicles on such private 25
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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
property. Such rules and rates may include parking charges for 26
violating the property owner's or operator's rules . The owner or 27
operator of a private property used for motor vehicle parking 28
and must place signage that is legible be posted and clearly 29
visible to persons entering the area used for motor vehicle 30
parking motor vehicles on such private property . The signage 31
must state that the property is not operated by a governmental 32
entity, list the rates for parking charges for violating the 33
rules of the property owner or operator, and provide notice of 34
the grace period and appeal process provided by this section. 35
Such signage may be regulated by the county or municipality in 36
which the property is located. 37
(b) An invoice for parking charges issued under this 38
section must include the following statement in uppercase type: 39
THIS INVOICE IS PRIVATELY ISSUED, IS NOT ISSUED BY A 40
GOVERNMENTAL AUTHORITY, AND IS NOT SUBJECT TO CRIMINAL 41
PENALTIES. 42
(c) An invoice for parking charges issued for violating 43
the rules of the property owner or operator of a private 44
property used for motor vehicle parking must be placed on the 45
motor vehicle in a prominent location or mailed within 5 46
business days of the violation. The owner or operator of a 47
private property used for motor vehicle parking may not assess a 48
late fee until expiration of the 15 -day period following the 49
denial of any appeal filed pursuant to paragraph (d) or for a 50
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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
period of at least 30 days after the invoice is placed on the 51
motor vehicle or the postmarked date of the mailing, whichever 52
is later. 53
(d) An invoice for parking charge s issued under this 54
section must include a method to dispute and appeal the invoice 55
by a party who believes they have received the invoice in error. 56
Such dispute must be filed with the parking lot owner or 57
operator within 15 days after the invoice is place d on the motor 58
vehicle or after the postmarked date of the mailing of the 59
invoice. The parking lot owner or operator shall have 5 business 60
days in which to render a decision on the filed dispute. The 61
party may then, within 10 days after receipt of the owne r's or 62
operator's decision, appeal such decision. The appeal must be 63
determined by a neutral third -party adjudicator with the 64
authority to review and approve or deny the appeal. If the 65
appeal is approved, the invoice shall be dismissed. If the 66
appeal is denied, the party shall pay the original invoice 67
within 15 days after the decision of the adjudicator. 68
(e) Paragraphs (c) and (d) do not apply to an owner or 69
operator of a theme park or entertainment complex as defined in 70
s. 509.013(9). 71
(2) A county or municipality may not enact an ordinance or 72
a regulation restricting or prohibiting a right of a private 73
property owner or operator established under subsection (1). Any 74
such ordinance or regulation is a violation of this section and 75
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is null and void. 76
(3) The owner or operator of a private property used for 77
motor vehicle parking must allow a grace period of at least 15 78
minutes upon entrance to such property before any parking 79
charges may be incurred, provided that the motor vehicle does 80
not park during that time. 81
(4) This section does not apply to an owner or operator of 82
a lodging park, mobile home park, or recreational vehicle park 83
as those terms are defined in s. 513.01, provided that the terms 84
of tenancy and parking within such park are established by r ules 85
and regulations of the park pursuant to s. 513.117 or within a 86
rental agreement between the owner or operator of the park and 87
the operator of the motor vehicle. 88
(5) An owner or operator of a private property used for 89
motor vehicle parking may not se ll, offer to sell, or transfer 90
to another person for sale any personal information obtained 91
from a party using the private property for parking services. 92
Section 2. This act shall take effect July 1, 2024. 93