This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives.
STORAGE NAME: h0271.LFS
DATE: 1/8/2024
HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: HB 271 Motor Vehicle Parking on Private Property
SPONSOR(S): Lopez, V. and others
TIED BILLS: IDEN./SIM. BILLS: SB 388
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 as a 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 rules of the property owner or operator. 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 the rules and rates for parking facilities to be posted in a manner that is legible and clearly
visible when entering and exiting the area used for parking;
Requires any invoice for parking charges to be mailed within 48 hours of the violation;
Prohibits the owners or operators of a privately-owned parking facility from assessing a late fee for at
least 30 days after the invoice’s postmarked date of mailing;
Requires all invoices issued by the owner or operator to include an appeal process adjudicated by a
neutral third-party to be available to any party believing to have received the invoice in error;
Establishes a 10-minute grace period in which owners and operators of privately-owned parking
facilities may not charge vehicle operators that enter the parking facility, provided the vehicle does not
park; and
Prohibits an owner or operator from allowing payment using a mobile payment application unless the
application sends notice to the application’s user when the parking session has expired or if the vehicle
exits the facility without paying.
The bill clarifies that the prohibition on counties and municipalities enacting ordinances or regulations
restricting in any manner the parking rates charged by property owners and operators of privately-owned
parking facilities includes parking charges for violating the rules of the property owner or operator.
The bill does not appear to have a fiscal impact on state or local governments.
STORAGE NAME: h0271.LFS PAGE: 2
DATE: 1/8/2024
FULL ANALYSIS
I. SUBSTANTIVE ANALYSIS
A. EFFECT OF PROPOSED CHANGES:
Present Situation
In 2019, the City of Miami passed an emergency ordinance banning the operators of a privately-owned
parking facility 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.
1
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.”
2
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.”
3
In 2022, the Legislature enacted s. 715.071, F.S., which 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.
4
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.
5
Any ordinance
or regulation that violates this prohibition is null and void.
Effect of Proposed Changes
The bill requires the owner or operator of a privately-owned parking facility to post the rules and rates in
a manner than is legible and clearly visible upon entering and exiting the area used for parking.
The bill provides that any invoice for parking charges must be mailed within 48 hours of the violation.
The owner or operator may not assess a late fee for at least 30 days after the postmarked date of the
invoice and the invoice must include a method to appeal for a party who believes they have received
the invoice in error. The bill requires the appeal must be heard by a neutral third-party adjudicator with
the authority to review and make a determination on the validity of the appeal.
The bill clarifies that the prohibition on counties and municipalities enacting ordinances or regulations
restricting the parking rates charged by property owners and operators of privately-owned property for
motor vehicle parking includes parking charges for violating the rules of the property owner or
operator.
The bill establishes a 10-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 during the grace period.
1
City of Miami, Fla. Ord. No. 13840 (enacted May 23, 2019); S. 25-292, City of Miami, Fla. Code of Ordinances.
2
City of Miami, Fla. Ord. No. 13990 (enacted April 22, 2021); S. 25-292, City of Miami, Fla. Code of Ordinances.
3
Broward County, Fla. Ord. No. 2021-43 (enacted Sept. 21, 2021); S. 20-164.2, Broward County, Fla. Code of Ordinances.
4
S. 715.075(1), F.S.
5
S. 715.075(2), F.S. STORAGE NAME: h0271.LFS PAGE: 3
DATE: 1/8/2024
The bill prohibits an owner or operator of a privately-owned parking facility from using a mobile
payment application unless the application sends a notice to the application’s user when the parking
session has expired or if the vehicle leaves the premises without paying.
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, 2024.
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 to have invoices be mailed within 48 hours, a 30-day waiting period before assessing
late fees, and the 10-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. STORAGE NAME: h0271.LFS PAGE: 4
DATE: 1/8/2024
C. DRAFTING ISSUES OR OTHER COMMENTS:
None.
IV. AMENDMENTS/COMMITTEE SUBSTITUTE CHANGES
Not applicable.