SB 388 — Motor Vehicle Parking on Private Property

Florida Senate - 2024 CS for CS for SB 388 By the CommitteesCommittee on Rules;Judiciary;

and Judiciary;Senator Garcia 590-02611-24 2024388c1 A bill to be entitled An act relating to motor vehicle parking on private property;

and Senator Garcia 595-03594-24 2024388c2 A bill to be entitled An act relating to motor vehicle parking on private property;

providingrequiring requirementsthe forowner signageor operator of a private property used for certainmotor vehicle parking facilities;to place certain signage on the property;

authorizingproviding certainrequirements entitiesfor tothe regulateplacement and contents of such signage;

providing requirements for invoices for certain parking charges;charges issued for violating rules of the property owner or operator of such property;

prohibiting the assessment of a late fee beforefor the later of a certainspecified period;event or a specified period of time;

requiring that such invoices for parking charges include a disputemethod andfor appealappealing method;parking invoices under certain circumstances;

providing requirements for such method;appeal process;

providingrequiring applicability;the property owner or operator of such property to allow a specified grace period before certain charges may be incurred;

requiring a specified grace period before parking charges may be incurred;

prohibitingproviding personalapplicability; information from being sold, offered for sale, or transferred for sale by such owners or operators;

prohibiting owners or operators of private property used for motor vehicle parking from using, selling, or offering to sell or transfer to another person personal information obtained from a party using the property for parking;

rules and ratesPage authorized.—1 (1)(a) The owner or operator of a4 privateCODING: property used for motor vehicle parking may establish rules and rates that govern private persons parking motor vehicles on such private property.

Such rules and rates may include parking charges for violating the property owner’s or operator’s rules.

The owner or operator of a private property used for motor vehicle parking and must place signage that is legible be posted and clearly visible to Page 1 of 4 CODING:

Florida Senate - 2024 CS for CS for SB 388 595-03594-24590-02611-24 2024388c22024388c1 personsrates enteringauthorized.— the(1)(a) areaThe owner or operator of a private property used for motor vehicle parking may establish rules and rates that govern private persons parking motor vehicles on such private property.

Such rules and rates may include parking charges for violating the property owner’s or operator’s rules.

The owner or operator of a private property used for motor vehicle parking and must place signage that is legible be posted and clearly visible to persons entering the area used for motor vehicle parking motor vehicles on such private property.

list the rates for parking, including parking charges for violating the rules of the property owner or operator;

provide a working phone number and an e-mail address to receive inquiries and complaints;

(c) An invoice for parking charges issued for violating the rules of the property owner or operator of a private property used for motor vehicle parking must be placed on the motor vehicle in a prominent location or mailed within 5 business days ofafter the violation.

The owner or operator of a private property used for motor vehicle parking may not assess a late fee until expiration of the 15-day period following the denial of any appeal filed pursuant to paragraph (d) or for a period of at least 30 days after the invoice is placed on the motorPage vehicle2 or the postmarked date of the4 mailing,CODING: whichever is later.

(d) An invoice for parking charges issued under this section must include a method to dispute and appeal the invoice by a party who believes they have received the invoice in error.

Page 2 of 4 CODING:

Florida Senate - 2024 CS for CS for SB 388 595-03594-24590-02611-24 2024388c22024388c1 Such dispute must be filed with the parking lot owner or operator within 15 days after the invoice is placed on the motor vehicle or after the postmarked date of the mailingmailing, ofas theapplicable, invoice.whichever is later.

The(d) parkingAn lotinvoice ownerfor orparking operatorcharges shallissued haveunder 5this businesssection daysmust ininclude whicha method to renderappeal the invoice by a decisionparty onwho believes that he or she has received the filedinvoice dispute.in error.

TheSuch partyappeal maymust then,be filed within 1030 days after receiptthe ofinvoice is placed on the owner’smotor vehicle or operator’safter decision,the appealpostmarked suchdate decision.of the mailing of the invoice, as applicable.

The appeal process must beuse determined by a neutral third-party adjudicator with the authority to review and approve or deny the appeal.

If the appeal is approved, the invoice must be dismissed.

If the appeal is denied, the party must pay the original invoice within 15 days after the decision of the adjudicator.

(e) Paragraphs (c) and (d) do not apply to an owner or operator of a theme park or entertainment complex as defined in s.

509.013(9).

(3) The owner or operator of a private property used for motor vehicle parking shallmust allow a grace period of at least 1510 minutes upon entrance to such property before any parking charges may be incurred, provided that the motor vehicle does not park during that time.

(4) This section does not apply to anowners owner or operatoroperators of a lodging park, mobile home park,parks, orlodging parks, and recreational vehicle parkparks as those terms are defined inby s.

513.01, provided that the terms of tenancy and parking within such parkparks are established by rules Pageand 3regulations of 4the CODING:park pursuant to s.

513.117 or within a rental agreement between the owner or operator of the park and the operator of the motor vehicle.

(5) An owner or operator of a private property used for motor vehicle parking may not use, sell, or offer to sell or Page 3 of 4 CODING:

Florida Senate - 2024 CS for CSSB 388 590-02611-24 2024388c1 transfer to another person for SBuse 388or 595-03594-24sale 2024388c2any andpersonal regulationsinformation ofobtained from a party using the parkprivate pursuantproperty tofor s.parking services.

513.117 or within a rental agreement between the owner or operator of the park and the operator of the motor vehicle.