SB 694 — Private Property for Motor Vehicle Parking

Florida Senate - 2023 CS for SB 694 By Senatorthe GrutersCommittee 22-01395-23on 2023694__Judiciary; A bill to be entitled An act relating to private property for motor vehicle parking;

and Senator Gruters 590-03533-23 2023694c1 A bill to be entitled An act relating to private property for motor vehicle parking;

requiring ownersthat andinvoices operatorsfor ofparking certaincharges propertybe sent by certified mail to followa specified rules;party;

prohibiting certainthe invoicesassessment fromof resemblinga specifiedlate citations;fee before a certain period;

removingprohibiting a provisioncounty prohibitingor certainmunicipality countyfrom andadopting municipala regulations;certain ordinance or regulation;

prohibiting a private property owner or operator from charging specified parties under certain conditions;

rules and rates authorized.— (1)(1)(a) The owner or operator of a private property used for motor vehicle parking:parking may establish rules and rates that govern private persons parking motor vehicles on such private property.

(a) Must have a physical location in this state.

(b) May establish rules and rates that govern private persons parking motor vehicles on such private property.

(c)(b) MustAn establishinvoice finesfor andparking penaltiescharges equalissued tounder thethis finessection andmust penaltiesinclude setthe forfollowing municipalstatement parking.in uppercase type:

(d)THIS MustINVOICE haveIS postedPRIVATELY signageISSUED, thatIS isNOT clearlyISSUED visibleBY toA personsGOVERNMENTAL parkingAUTHORITY, motorAND vehiclesIS onNOT suchSUBJECT privateTO propertyCRIMINAL andPENALTIES. includes:

Florida Senate - 2023 CS for SB 694 22-01395-23590-03533-23 2023694__2023694c1 1.(c) An invoice for parking charges issued under this section must be sent to the registered owner of the vehicle by certified mail.

AnyThe rulesowner establishedor underoperator paragraphof (b),a includingprivate anyproperty used for motor vehicle parking chargesmay not assess a late fee for violations.a period of at least 30 days after the postmarked date of the mailing.

2.(2) A county or municipality may not enact an ordinance or a regulation restricting in any manner the parking rates charged by or prohibiting a right of a private property owner or operator, including parking charges for violating the rules of the property owner or operator established under subsection (1).

The fines and penalties established under paragraph (c).

3.

The name of the owner of the private property.

4.

A customer service phone number and hours of operation.

(e) May not report an invoice to a credit bureau.

(2)(a) An invoice for parking charges issued under this section 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.

(b) An invoice issued under this section may not resemble the citations issued by local authorities.

(2) A county or municipality may not enact an ordinance or a regulation restricting or prohibiting a right of a private property owner or operator established under subsection (1).

(3) The owner or operator of a private property used for motor vehicle parking may not charge the registered owner or other legally authorized person in control of the vehicle that enters the private property if the owner or other legally authorized person is on the property for less than 10 minutes and does not park.