Florida 2024 Regular Session

Florida House Bill H0271 Latest Draft

Bill / Enrolled Version Filed 03/07/2024

                                    
ENROLLED 
CS/CS/HB 271, Engrossed 1 	2024 Legislature 
 
 
 
CODING: Words stricken are deletions; words underlined are additions. 
hb0271-04-er 
Page 1 of 4 
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 
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 me thod; 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 
 18 
 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          
ENROLLED 
CS/CS/HB 271, Engrossed 1 	2024 Legislature 
 
 
 
CODING: Words stricken are deletions; words underlined are additions. 
hb0271-04-er 
Page 2 of 4 
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 charge s 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, provide a working phone 34 
number and an e-mail address to receive inquiries and 35 
complaints, and provide notice of the grace period and appeal 36 
process provided by this section. Such signage may be regulated 37 
by the county or municipality in which the property is located. 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 for violating 44 
the rules of the property owner or operator of a private 45 
property used for motor vehicle parking must be placed on the 46 
motor vehicle in a prominent location or mailed within 5 47 
business days of the violation. The owner or operator of a 48 
private property used for motor vehicle parking may not assess a 49 
late fee until expiration of the 15 -day period following the 50          
ENROLLED 
CS/CS/HB 271, Engrossed 1 	2024 Legislature 
 
 
 
CODING: Words stricken are deletions; words underlined are additions. 
hb0271-04-er 
Page 3 of 4 
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 
 
 
 
denial of any appeal filed pursuant to paragraph (d) or for a 51 
period of at least 30 days after the invoice is placed on the 52 
motor vehicle or the postmarked date of the mailing, whichever 53 
is later. 54 
 (d)  An invoice for parking charges issued under this 55 
section must include a method to dispute and appeal the invoice 56 
by a party who believes they have received the invoice in error. 57 
Such dispute must be filed with the parking lot owner or 58 
operator within 15 days after the invoice is placed on the motor 59 
vehicle or after the postmarked date of the mailing of the 60 
invoice. The parking lot owner or operator shall have 5 business 61 
days in which to render a decision on the filed dispute. The 62 
party may then, within 10 days after receipt of the owner's or 63 
operator's decision, appeal such decision. The appeal must be 64 
determined by a neutral third -party adjudicator with the 65 
authority to review and appr ove or deny the appeal. If the 66 
appeal is approved, the invoice shall be dismissed. If the 67 
appeal is denied, the party shall pay the original invoice 68 
within 15 days after the decision of the adjudicator. 69 
 (e)  Paragraphs (c) and (d) do not apply to an owner or 70 
operator of a theme park or entertainment complex as defined in 71 
s. 509.013(9). 72 
 (2)  A county or municipality may not enact an ordinance or 73 
a regulation restricting or prohibiting a right of a private 74 
property owner or operator established under subsec tion (1). Any 75          
ENROLLED 
CS/CS/HB 271, Engrossed 1 	2024 Legislature 
 
 
 
CODING: Words stricken are deletions; words underlined are additions. 
hb0271-04-er 
Page 4 of 4 
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 
 
 
 
such ordinance or regulation is a violation of this section and 76 
is null and void. 77 
 (3)  The owner or operator of a private property used for 78 
motor vehicle parking must allow a grace period of at least 15 79 
minutes upon entrance to such property before any parking 80 
charges may be incurred, provided that the motor vehicle does 81 
not park during that time. 82 
 (4)  This section does not apply to an owner or operator of 83 
a lodging park, mobile home park, or recreational vehicle park 84 
as those terms are defi ned in s. 513.01, provided that the terms 85 
of tenancy and parking within such park are established by rules 86 
and regulations of the park pursuant to s. 513.117 or within a 87 
rental agreement between the owner or operator of the park and 88 
the operator of the mot or vehicle. 89 
 (5)  An owner or operator of a private property used for 90 
motor vehicle parking may not sell, offer to sell, or transfer 91 
to another person for sale any personal information obtained 92 
from a party using the private property for parking services. 93 
 Section 2.  This act shall take effect July 1, 2024. 94