BIE - Requirements for Private Parking Lots and Facilities (3/7/2025)
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov
TO: Mayor Steven Meiner and Members of the City Commission
FROM: Eric Carpenter, City Manager
MEETING DATE: March 19, 2025
SUBJECT: BUSINESS IMPACT ESTIMATE FOR:
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA, AMENDING CHAPTER 106 OF THE CITY CODE, ENTITLED “TRAFFIC AND
VEHICLES,” BY AMENDING ARTICLE III, ENTITLED “OFF-STREET PARKING LOTS AND
FACILITIES,” BY CREATING SECTION 106-119 THEREOF, ENTITLED “REQUIREMENTS
FOR PRIVATE PROPERTIES USED FOR MOTOR VEHICLE PARKING; PENALTIES,” BY
REQUIRING OWNERS AND OPERATORS OF PRIVATE PROPERTIES THAT ARE OPEN TO
THE PUBLIC FOR MOTOR VEHICLE PARKING TO PLACE CERTAIN SIGNAGE IN SUCH
PRIVATE PARKING LOTS AND FACILITIES; BY IMPOSING CERTAIN REQUIREMENTS FOR
THE ISSUANCE OF PRIVATE PARKING INVOICES; BY REQUIRING SPECIFIED APPEAL
PROCEDURES FOR PRIVATE PARKING INVOICES; BY REQUIRING A 15-MINUTE GRACE
PERIOD AT PRIVATE PARKING LOTS AND FACILITIES; BY PROHIBITING PRIVATE
PARKING LOTS AND FACILITIES FROM SELLING, OFFERING TO SELL, OR
TRANSFERRING ANY PERSONAL INFORMATION OBTAINED FROM A PARTY USING THE
PRIVATE PROPERTY FOR PARKING SERVICES; BY PROVIDING CIVIL PENALTIES FOR
VIOLATION; AND PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN
EFFECTIVE DATE.
Is a Business Impact Estimate Required?
Yes ☐ No (If no, please check one of the boxes below)
If one or more boxes are checked below, this means the City of Miami Beach has
determined that a Business Impact Estimate for the above-referenced Ordinance is not
required by State law.
☐ The proposed Ordinance is required for compliance with Federal or State law or
regulation; ☐ The proposed Ordinance relates to the issuance or refinancing of debt; ☐ The proposed Ordinance relates to the adoption of budgets or budget
amendments, including revenue sources necessary to fund the budget; ☐ The proposed Ordinance is required to implement a contract or an agreement,
including, but not limited to, any Federal, State, local, or private grant or other
financial assistance accepted by the City; ☐ The proposed Ordinance is an emergency ordinance; ☐ The Ordinance relates to procurement; or ☐ The proposed Ordinance is enacted to implement the following:
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Business Impact Estimate
Page 2
a. Part II of Chapter 163, Florida Statutes, relating to growth policy, county and
municipal planning, and land development regulation, including zoning,
development orders, development agreements and development permits;
b. Sections 190.005 and 190.046, Florida Statutes, regarding community
development districts;
c. Section 553.73, Florida Statutes, relating to the Florida Building Code; or
d. Section 633.202, Florida Statutes, relating to the Florida Fire Prevention Code.
If none of the above exceptions apply, this Business Impact Estimate is hereby provided
in accordance with Section 166.041(4), Florida Statutes.
1. A summary of the proposed Ordinance and its purpose is more fully set forth in the
Commission Memorandum accompanying the Ordinance, as well as in the recitals to the
Ordinance itself, which are attached hereto.
The Commission Memorandum and Ordinance, if amended on first reading, will be
available for public inspection on or before the commission meeting at:
https://www.miamibeachfl.gov/city-hall/city-clerk/agenda-archive-main-page-2/
2. The City of Miami Beach estimates that the proposed Ordinance will have no direct
economic impact on private, for-profit businesses in the City of Miami Beach; that the
proposed Ordinance will have no direct compliance costs that businesses may
reasonably incur since private parking facility owners and operators are already required
to comply with the signage requirements set forth in the proposed Ordinance pursuant to
Fla. Stat. 715.075; that the proposed Ordinance will not impose any new charge or fee
for which businesses will be financially responsible; and that the proposed Ordinance will
not impact the City of Miami Beach’s regulatory costs and will not generate any revenue
from new charges or fees.
3. Good faith estimate of the number of businesses likely to be impacted by the proposed
Ordinance:
Although there is no direct economic impact, compliance costs, or new fees/costs for
which businesses will be responsible if the proposed Ordinance is adopted, there are
approximately 38 businesses in the City that will be impacted by the Ordinance.
4. Additional comments: None.
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Ordinances - R5 P
COMMISSION MEMORANDUM
TO:Honorable Mayor and Members of the City Commission
FROM:City Attorney Ricardo J. Dopico
DATE:February 26, 2025 10:45 a.m. First Reading Public Hearing
TITLE:AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AMENDING CHAPTER 106 OF THE CITY CODE,
ENTITLED “TRAFFIC AND VEHICLES,” BY AMENDING ARTICLE III, ENTITLED
“OFF-STREET PARKING LOTS AND FACILITIES,” BY CREATING SECTION 106-
119 THEREOF, ENTITLED “REQUIREMENTS FOR PRIVATE PROPERTIES USED
FOR MOTOR VEHICLE PARKING; PENALTIES,” BY REQUIRING OWNERS AND
OPERATORS OF PRIVATE PROPERTIES THAT ARE OPEN TO THE PUBLIC FOR
MOTOR VEHICLE PARKING TO PLACE CERTAIN SIGNAGE IN SUCH PRIVATE
PARKING LOTS AND FACILITIES; BY IMPOSING CERTAIN REQUIREMENTS
FOR THE ISSUANCE OF PRIVATE PARKING INVOICES; BY REQUIRING
SPECIFIED APPEAL PROCEDURES FOR PRIVATE PARKING INVOICES; BY
REQUIRING A 15-MINUTE GRACE PERIOD AT PRIVATE PARKING LOTS AND
FACILITIES; BY PROHIBITING PRIVATE PARKING LOTS AND FACILITIES FROM
SELLING, OFFERING TO SELL, OR TRANSFERRING ANY PERSONAL
INFORMATION OBTAINED FROM A PARTY USING THE PRIVATE PROPERTY
FOR PARKING SERVICES; BY PROVIDING CIVIL PENALTIES FOR VIOLATION;
AND PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN
EFFECTIVE DATE.
RECOMMENDATION
BACKGROUND/HISTORY
ANALYSIS
The proposed Ordinance, sponsored by Commissioner David Suarez, is submitted for
consideration by the Mayor and City Commission.
In addition to many City-owned parking lots and facilities, there are also a number of parking lots
and facilities in Miami Beach that are privately owned and operated. Such privately
owned/operated lots and facilities lack the regulatory oversight present with respect to publicly
owned/operated parking lots and facilities, thereby creating a potential for greater abuse in the
private parking sector. As a result, the City has received complaints from residents and visitors
concerning the deceptive, unscrupulous, misleading, and/or fraudulent practices of private
parking lot and facility operators.
However, on April 5, 2024, Governor Ron DeSantis signed House Bill 271 (as codified in Section
715.075 of the Florida Statutes), which imposes several new regulations on owners and operators
of private properties used for motor vehicle parking.
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Among other things, House Bill 271:
(a) requires signage containing the rules and rates for private parking lots and facilities to
be posted in a manner that is legible and clearly visible when entering the area used for parking;
(b) requires certain information be contained on the signage, and permits the signage to
be regulated by the county or municipality in which the property is located;
(c) requires any invoice for parking charges issued by private entities to be placed on the
vehicle in a prominent location or be mailed within five (5) business days of the violation;
(d) requires all invoices issued by the owner or operator of a private parking lot or facility
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;
(e) prohibits the owner or operator of a privately-owned parking lot or facility from
assessing a late fee until the latter of fifteen (15) days after the date an appeal is denied or thirty
(30) days after the invoice was placed on the motor vehicle or the postmarked date of mailing;
(f) establishes a 15-minute grace period in which the owner or operator of a privately-
owned parking lot or facility may not charge vehicle operators that enter the parking lot or facility,
provided that the vehicle does not park; and
(g) prohibits the owners or operators of private parking lots and facilities from selling,
offering to sell, or transferring to another person for sale the personal information of any party
using the private property for parking services.
The proposed Ordinance would greatly benefit City residents and visitors by imposing various
regulations upon owners and operators of private parking lots and facilities in a similar manner as
set forth in House Bill 271, and including civil fines for each such violation.
FISCAL IMPACT STATEMENT
None.
Does this Ordinance require a Business Impact Estimate? Yes
(FOR ORDINANCES ONLY)
If applicable, the Business Impact Estimate (BIE) was published on:
See BIE at: https://www.miamibeachfl.gov/city-hall/city-clerk/meeting-notices/
FINANCIAL INFORMATION
CONCLUSION
Applicable Area
Citywide
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Is this a “Residents Right to Know” item,
pursuant to City Code Section 2-17?
Is this item related to a G.O. Bond
Project?
No No
Was this Agenda Item initially requested by a lobbyist which, as defined in Code Sec. 2-481,
includes a principal engaged in lobbying? No
If so, specify the name of lobbyist(s) and principal(s):
Department
City Attorney
Sponsor(s)
Commissioner David Suarez
Co-sponsor(s)
Commissioner Joseph Magazine
Condensed Title
10:45 a.m. 1st Rdg PH, Ch. 106, Create Requirements for Private Parking Lots.
(Suarez/Magazine) CA
Previous Action (For City Clerk Use Only)
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ORDINANCE NO.
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA, AMENDING CHAPTER 106 OF THE CITY CODE, ENTITLED
“TRAFFIC AND VEHICLES,” BY AMENDING ARTICLE III, ENTITLED “OFF-STREET
PARKING LOTS AND FACILITIES.” BY CREATING SECTION 106-119 THEREOF,
ENTITLED “REQUIREMENTS FOR PRIVATE PROPERTIES USED FOR MOTOR
VEHICLE PARKING; PENALTIES,” BY REQUIRING OWNERS AND OPERATORS OF
PRIVATE PROPERTIES THAT ARE OPEN TO THE PUBLIC FOR MOTOR VEHICLE
PARKING TO PLACE CERTAIN SIGNAGE IN SUCH PRIVATE PARKING LOTS AND
FACILITIES; BY IMPOSING CERTAIN REQUIREMENTS FOR THE ISSUANCE OF
PRIVATE PARKING INVOICES; BY REQUIRING SPECIFIED APPEAL PROCEDURES
FOR PRIVATE PARKING INVOICES; BY REQUIRING A 15-MINUTE GRACE PERIOD
AT PRIVATE PARKING LOTS AND FACILITIES; BY PROHIBITING PRIVATE
PARKING LOTS AND FACILITIES FROM SELLING, OFFERING TO SELL, OR
TRANSFERRING ANY PERSONAL INFORMATION OBTAINED FROM A PARTY
USING THE PRIVATE PROPERTY FOR PARKING SERVICES; BY PROVIDING CIVIL
PENALTIES FOR VIOLATION; AND PROVIDING FOR REPEALER. SEVERABILITY,
CODIFICATION, AND AN EFFECTIVE DATE.
WHEREAS, in addition to many City-owned parking lots and facilities, there are also a number of
parking lots and facilities in Miami Beach that are privately owned and operated; and
WHEREAS, such privately owned/operated lots and facilities lack the regulatory oversight present
with respect to publicly owned/operated parking lots and facilities, thereby creating a potential for greater
abuse in the private parking sector; and
WHEREAS, the City has received complaints from residents and visitors concerning the
deceptive, unscrupulous, misleading, and/or fraudulent practices of private parking lot and facility
operators; and
WHEREAS, on April 5, 2024, Governor Ron DeSantis signed House Bill 271 (as codified in
Section 715.075 of the Florida Statutes), which imposed several new regulations on owners and
operators of private properties used for motor vehicle parking; and
WHEREAS, among other things, House Bill 271: (a) requires signage containing the rules and
rates for private parking lots and facilities to be posted in a manner that is legible and clearly visible when
entering the area used for parking; (b) requires certain information be contained on the signage, and
permits the signage to be regulated by the county or municipality in which the property is located; (c)
requires any invoice for parking charges issued by private entities to be placed on the vehicle in a
prominent location or be mailed within five (5) business days of the violation; (d) requires all invoices
issued by the owner or operator of a private parking lot or facility 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; (e)
prohibits the owner or operator of a privately-owned parking lot or facility from assessing a late fee until
the latter of fifteen (15) days after the date an appeal is denied or thirty (30) days after the invoice was
placed on the motor vehicle or the postmarked date of mailing; (f) establishes a 15-minute grace period
in which the owner or operator of a privately-owned parking lot or facility may not charge vehicle operators
that enter the parking lot or facility, provided the vehicle does not park; and (g) prohibits the owners or
operators of private parking lots and facilities from selling, offering to sell, or transferring to another person
for sale the personal information of any party using the private property for parking services; and
WHEREAS, it is in the best interest of the residents of the City of Miami Beach to regulate private
parking lots and facilities in a similar manner as set forth in House Bill 271.
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NOW, THEREFORE, BE IT DULY ORDAINED BY THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, AS FOLLOWS:
SECTION 1. That Section 106-119 of Article III of Chapter 106 of the Miami Beach City Code is hereby
created as follows:
CHAPTER 106
TRAFFIC AND VEHICLES
+le It
+It +
ARTICLE III. PUBLIe OFF-STREET PARKING LOTS AND FACILITIES
Sec. 106-119. Requirements for private properties used for motor vehicle parking; penalties.
(a) The owner or operator of a private property used for motor vehicle parkinq must place signage
that is a minimum size of 36 inches by 24 inches that:
(1 ) states that the property is not operated by a qovernmental entity;
(2) lists the rates for parkinq charqes for violating the rules of the property owner or
operator;
(3) provides a working phone number and an e-mail address to receive inquiries and
complaints; and
(4) provides notice of the grace period and process for appeal.
The signage must be legible and clearly visible to persons enterinq the area used for motor
vehicle parkinq, in accordance with Section 715.075 of the Florida Statutes.
(b) An invoice for parking charges issued under this section must include the following statement
in uppercase, bold face type and in a font size that is no less than the greater of (a) 14-point font or (b)
the font size of the largest lettering found on the invoice:
THIS INVOICE IS PRIVATELY ISSUED. IS NOT ISSUED BY A GOVERNMENTAL AUTHORITY
AND IS NOT SUBJECT TO CRIMINAL PENALTIES
(c) An invoice for parkinq charqes 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 to the vehicle owner within five (5) business days of the violation. The owner
or operator of a private property used for motor vehicle parkinq 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 motor vehicle or the postmarked date of the mailing,
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 as fully set forth in
Section 715.075 of the Florida Statutes
(e) The owner or operator of a private property used for motor vehicle parkinq must allow a grace
period of at least 1 5 minutes upon entrance to such property before any parking charges may be incurred,
provided that the motor vehicle does not park during that time.
2
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(f) Any invoice issued in violation of this section is unenforceable.
(q) An owner or operator of a private property used for motor vehicle parking may not sell, offer
to sell, or transfer to another person for sale any personal information obtained from a PartY using the
private property for parking services.
(h) Civil fine for violators. The following civil fines shall be imposed for violations of this section:
(1) First offense: $500.00;
(2) Second offense: $750.00;
(3) Third and subsequent offenses: $1,000.00.
Each violation shall constitute a separate offense for which a separate fine shall be imposed.
SECTION 2. REPEALER.
All ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed.
SECTION 3. SEVERABILITY
If any section, sentence, clause or phrase of this ordinance is held to be invalid or unconstitutional
by any court of competent jurisdiction, then said holding shall in no way affect the validity of the remaining
portions of this ordinance.
SECTION 4. CODIFICATION
It is the intention of the Mayor and City Commission of the City of Miami Beach, and it is hereby
ordained that the provisions of this ordinance shall become and be made a part of the Code of the City
of Miami Beach, Florida. The sections of this ordinance may be renumbered or re-lettered to accomplish
such intention, and the word "ordinance" may be changed to "section," ''article," or other appropriate
word
SECTION 5. EFFECTIVE DATE.
This Ordinance shall take effect the day of 2025
ATTEST :
Steven Meiner, Mayor
Rafael E. Granado, City Clerk
Underline denotes additions
APPROVED AS TO
FORM & LANGUAGE
:ECUTIONQ
(Sponsored by Commissioner David Suarez)zJIB J%a'£
Date3'~"""*FA#
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