FL
Florida House Bill H0271

Florida 2024 Regular Session

Florida House Bill H0271 Compare Versions

OldNewDifferences
11
2-ENROLLED
3-CS/CS/HB 271, Engrossed 1 2024 Legislature
2+
3+CS/CS/HB 271 2024
44
55
66
77 CODING: Words stricken are deletions; words underlined are additions.
8-hb0271-04-er
8+hb0271-02-c2
99 Page 1 of 4
1010 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
1111
1212
1313
14- 1
14+A bill to be entitled 1
1515 An act relating to motor vehicle parking on private 2
1616 property; amending s. 715.075, F.S.; providing 3
1717 requirements for signage for certain parking 4
1818 facilities; authorizing certain entities to regulate 5
1919 such signage; providing requirements for invoices for 6
2020 certain parking charges; prohibiting the assessment of 7
2121 a late fee before a certain period; requiring such 8
2222 invoices to include a dispute and appeal method; 9
2323 providing requirements for such method; providing 10
2424 applicability; requiring a specified grace period 11
2525 before parking charges may be incurred; providing an 12
2626 exception; prohibiting personal information from being 13
2727 sold, offered for sale, or transferred for sale by 14
2828 such owners or operators; providing an effective date. 15
2929 16
3030 Be It Enacted by the Legislature of the State of Florida: 17
3131 18
3232 Section 1. Section 715.075, Florida Statutes, is amended 19
3333 to read: 20
3434 715.075 Vehicles parked on private property; rules and 21
3535 rates authorized.— 22
3636 (1)(a) The owner or operator of a private property used 23
3737 for motor vehicle parking may establish rules and rates that 24
3838 govern private persons parking motor vehicles on such private 25
39-ENROLLED
40-CS/CS/HB 271, Engrossed 1 2024 Legislature
39+
40+CS/CS/HB 271 2024
4141
4242
4343
4444 CODING: Words stricken are deletions; words underlined are additions.
45-hb0271-04-er
45+hb0271-02-c2
4646 Page 2 of 4
4747 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
4848
4949
5050
5151 property. Such rules and rates may include parking charges for 26
5252 violating the property owner's or operator's rules . The owner or 27
5353 operator of a private property used for motor vehicle parking 28
5454 and must place signage that is legible be posted and clearly 29
5555 visible to persons entering the area used for motor vehicle 30
5656 parking motor vehicles on such private property . The signage 31
5757 must state that the property is not operated by a governmental 32
5858 entity, list the rates for parking charges for violating the 33
59-rules of the property owner or operator, provide a working phone 34
60-number and an e-mail address to receive inquiries and 35
61-complaints, and provide notice of the grace period and appeal 36
62-process provided by this section. Such signage may be regulated 37
63-by the county or municipality in which the property is located. 38
64- (b) An invoice for parking charges issued under this 39
65-section must include the following statement in uppercase type: 40
66-THIS INVOICE IS PRIVATELY ISSUED, IS NOT ISSUED BY A 41
67-GOVERNMENTAL AUTHORITY, AND IS NOT SUBJECT TO CRIMINAL 42
68-PENALTIES. 43
69- (c) An invoice for parking charges issued for violating 44
70-the rules of the property owner or operator of a private 45
71-property used for motor vehicle parking must be placed on the 46
72-motor vehicle in a prominent location or mailed within 5 47
73-business days of the violation. The owner or operator of a 48
74-private property used for motor vehicle parking may not assess a 49
75-late fee until expiration of the 15 -day period following the 50
76-ENROLLED
77-CS/CS/HB 271, Engrossed 1 2024 Legislature
59+rules of the property owner or operator, and provide notice of 34
60+the grace period and appeal process provided by this section. 35
61+Such signage may be regulated by the county or municipality in 36
62+which the property is located. 37
63+ (b) An invoice for parking charges issued under this 38
64+section must include the following statement in uppercase type: 39
65+THIS INVOICE IS PRIVATELY ISSUED, IS NOT ISSUED BY A 40
66+GOVERNMENTAL AUTHORITY, AND IS NOT SUBJECT TO CRIMINAL 41
67+PENALTIES. 42
68+ (c) An invoice for parking charges issued for violating 43
69+the rules of the property owner or operator of a private 44
70+property used for motor vehicle parking must be placed on the 45
71+motor vehicle in a prominent location or mailed within 5 46
72+business days of the violation. The owner or operator of a 47
73+private property used for motor vehicle parking may not assess a 48
74+late fee until expiration of the 15 -day period following the 49
75+denial of any appeal filed pursuant to paragraph (d) or for a 50
76+
77+CS/CS/HB 271 2024
7878
7979
8080
8181 CODING: Words stricken are deletions; words underlined are additions.
82-hb0271-04-er
82+hb0271-02-c2
8383 Page 3 of 4
8484 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
8585
8686
8787
88-denial of any appeal filed pursuant to paragraph (d) or for a 51
89-period of at least 30 days after the invoice is placed on the 52
90-motor vehicle or the postmarked date of the mailing, whichever 53
91-is later. 54
92- (d) An invoice for parking charges issued under this 55
93-section must include a method to dispute and appeal the invoice 56
94-by a party who believes they have received the invoice in error. 57
95-Such dispute must be filed with the parking lot owner or 58
96-operator within 15 days after the invoice is placed on the motor 59
97-vehicle or after the postmarked date of the mailing of the 60
98-invoice. The parking lot owner or operator shall have 5 business 61
99-days in which to render a decision on the filed dispute. The 62
100-party may then, within 10 days after receipt of the owner's or 63
101-operator's decision, appeal such decision. The appeal must be 64
102-determined by a neutral third -party adjudicator with the 65
103-authority to review and appr ove or deny the appeal. If the 66
104-appeal is approved, the invoice shall be dismissed. If the 67
105-appeal is denied, the party shall pay the original invoice 68
106-within 15 days after the decision of the adjudicator. 69
107- (e) Paragraphs (c) and (d) do not apply to an owner or 70
108-operator of a theme park or entertainment complex as defined in 71
109-s. 509.013(9). 72
110- (2) A county or municipality may not enact an ordinance or 73
111-a regulation restricting or prohibiting a right of a private 74
112-property owner or operator established under subsec tion (1). Any 75
113-ENROLLED
114-CS/CS/HB 271, Engrossed 1 2024 Legislature
88+period of at least 30 days after the invoice is placed on the 51
89+motor vehicle or the postmarked date of the mailing, whichever 52
90+is later. 53
91+ (d) An invoice for parking charge s issued under this 54
92+section must include a method to dispute and appeal the invoice 55
93+by a party who believes they have received the invoice in error. 56
94+Such dispute must be filed with the parking lot owner or 57
95+operator within 15 days after the invoice is place d on the motor 58
96+vehicle or after the postmarked date of the mailing of the 59
97+invoice. The parking lot owner or operator shall have 5 business 60
98+days in which to render a decision on the filed dispute. The 61
99+party may then, within 10 days after receipt of the owne r's or 62
100+operator's decision, appeal such decision. The appeal must be 63
101+determined by a neutral third -party adjudicator with the 64
102+authority to review and approve or deny the appeal. If the 65
103+appeal is approved, the invoice shall be dismissed. If the 66
104+appeal is denied, the party shall pay the original invoice 67
105+within 15 days after the decision of the adjudicator. 68
106+ (e) Paragraphs (c) and (d) do not apply to an owner or 69
107+operator of a theme park or entertainment complex as defined in 70
108+s. 509.013(9). 71
109+ (2) A county or municipality may not enact an ordinance or 72
110+a regulation restricting or prohibiting a right of a private 73
111+property owner or operator established under subsection (1). Any 74
112+such ordinance or regulation is a violation of this section and 75
113+
114+CS/CS/HB 271 2024
115115
116116
117117
118118 CODING: Words stricken are deletions; words underlined are additions.
119-hb0271-04-er
119+hb0271-02-c2
120120 Page 4 of 4
121121 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
122122
123123
124124
125-such ordinance or regulation is a violation of this section and 76
126-is null and void. 77
127- (3) The owner or operator of a private property used for 78
128-motor vehicle parking must allow a grace period of at least 15 79
129-minutes upon entrance to such property before any parking 80
130-charges may be incurred, provided that the motor vehicle does 81
131-not park during that time. 82
132- (4) This section does not apply to an owner or operator of 83
133-a lodging park, mobile home park, or recreational vehicle park 84
134-as those terms are defi ned in s. 513.01, provided that the terms 85
135-of tenancy and parking within such park are established by rules 86
136-and regulations of the park pursuant to s. 513.117 or within a 87
137-rental agreement between the owner or operator of the park and 88
138-the operator of the mot or vehicle. 89
139- (5) An owner or operator of a private property used for 90
140-motor vehicle parking may not sell, offer to sell, or transfer 91
141-to another person for sale any personal information obtained 92
142-from a party using the private property for parking services. 93
143- Section 2. This act shall take effect July 1, 2024. 94
125+is null and void. 76
126+ (3) The owner or operator of a private property used for 77
127+motor vehicle parking must allow a grace period of at least 15 78
128+minutes upon entrance to such property before any parking 79
129+charges may be incurred, provided that the motor vehicle does 80
130+not park during that time. 81
131+ (4) This section does not apply to an owner or operator of 82
132+a lodging park, mobile home park, or recreational vehicle park 83
133+as those terms are defined in s. 513.01, provided that the terms 84
134+of tenancy and parking within such park are established by r ules 85
135+and regulations of the park pursuant to s. 513.117 or within a 86
136+rental agreement between the owner or operator of the park and 87
137+the operator of the motor vehicle. 88
138+ (5) An owner or operator of a private property used for 89
139+motor vehicle parking may not se ll, offer to sell, or transfer 90
140+to another person for sale any personal information obtained 91
141+from a party using the private property for parking services. 92
142+ Section 2. This act shall take effect July 1, 2024. 93