This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives.
STORAGE NAME: h0271a.LFS
DATE: 1/11/2024
HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: CS/HB 271 Motor Vehicle Parking on Private Property
SPONSOR(S): Local Administration, Federal Affairs & Special Districts Subcommittee, 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
16 Y, 0 N, As CS 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 signage containing the rules and rates for parking facilities to be posted in a manner that is
legible and clearly visible when entering the area used for parking, provides certain information must be
contained on the signage, and permits the signage to be regulated by the county or municipality in
which the property is located.
Requires any invoice for parking charges to be placed on the vehicle in a prominent location or be
mailed within five days of the violation;
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;
Prohibits the owner or operator of a privately-owned parking facility from assessing a late fee until the
latter of the date an appeal is denied or 30 days after the invoice was placed on the motor vehicle or
postmarked date of mailing; and
Establishes a 10-minute grace period in which the owner or operator of a privately-owned parking
facility may not charge vehicle operators that enter the parking facility, provided the vehicle does not
park.
The bill does not appear to have a fiscal impact on state or local governments.
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DATE: 1/11/2024
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 place legible signage to
persons entering the area used for parking. The bill provides that such signage may be regulated by the
county or municipality in which the property is located. The signage must:
State the property is not operated by a governmental entity;
Provide the rates for parking, including charges for violating the rules of the property owner or
operator;
Provide notice of a 10-minute grace period in which the owner or operator of a privately-owned
parking facility may not charge vehicle operators that enter the private property, if the vehicle
does not park during that period; and
Notice of the appeal process for invoices believed to have been received in error.
The bill provides that any invoice for parking charges must be placed on the vehicle in a prominent
location or be mailed to the violator within five days of the violation. The owner or operator may not
assess a late fee until the latter of the date an appeal is denied or 30 days after the invoice is either
placed on the vehicle or the postmarked day of mailing.
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: h0271a.LFS PAGE: 3
DATE: 1/11/2024
The bill provides that the invoice must include a method to appeal if a party who believes they have
received the invoice in error. The appeal must be filed within 30 days after the invoice is either placed
on the vehicle or the postmarked day of mailing. 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 establishes a 10-minute grace period in which the owner or operator of a privately-owned
parking facility may not charge vehicle operators that enter the private property, if the vehicle does not
park during the grace period.
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 five days, a 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.
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DATE: 1/11/2024
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.
IV. AMENDMENTS/COMMITTEE SUBSTITUTE CHANGES
On January 10, 2024, the Local Administration, Federal Affairs, & Special Districts Subcommittee adopted
a strike-all amendment and reported the bill favorably as a committee substitute. The strike-all amendment:
Requires the owner or operator of a privately-owned parking facility to place signage containing
certain information and that is legible and clearly visible to a person entering the area used for
motor vehicle parking;
Allows the owner or operator to place an invoice for violation of property rules on the motor vehicle
in a prominent location or mail the invoice within five days;
Prohibits a late fee from being applied to any invoice until the latter of the denial of any appeal of
the invoice or 30 days after the invoice is either placed on the vehicle or the postmarked day of
mailing;
Requires an appeal of an invoice to be filed within 30 days after the invoice is either placed on the
vehicle or the postmarked day of mailing; and
Removes requirements concerning the use of a mobile payment application by the owner or
operator of a privately-owned parking facility.
This analysis is drafted to the committee substitute as passed by the Local Administration, Federal Affairs
& Special Districts Subcommittee.