Ordinance 2025-4708 ORDINANCE NO. 2025-4708
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.
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
ARTICLE III. PUBLIC OFF-STREET PARKING LOTS AND FACILITIES
Sec. 106-119. Requirements for private properties used for motor vehicle parking; penalties.
(a) In addition to the signaqe required by section 106-118 The the owner or operator of a private
property used for motor vehicle parking must place signaqe that is a minimum size of 36 inches by 24
inches that:
(1) states that the property is not operated by a governmental entity.
(2) lists the rates for parking charges 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 signaqe must be legible and clearly visible to persons entering the area used for motor
vehicle parking, 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 BYA GOVERNMENTAL AUTHORITY
AND IS NOT SUBJECT TO CRIMINAL PENALTIES.
(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 to the vehicle owner within five(5)business days of 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 motor vehicle or the postmarked date of the mailing, whichever is
later.
Id)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.
2
(e)The owner or operator of a private property used for motor vehicle parking must allow a grace
period of at least 15 minutes upon entrance to such property before any parking charges may be incurred
provided that the motor vehicle does not park during that time.
(f)Any invoice issued in violation of this section is unenforceable.
(g) 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 �9 rnar day of . 2025.
ATTEST:
4MAR 2 U 2025 ° ._
even Meiner, Mayor
Rafael . Granado, City Clerk
Underline denotes additions. APPROVED AS TO
Double underline denotes additions after First Reading. FORM & LANGUAGE
D !d -- 'as!' *denotes deletions after First Reading. $,F9q EXECUTION
(Sponsored by Commissioner David Suarez) t �q 9
Co-Sponsored by Commissioner Joseph Magazine 3 , I `1 f. Cityneomey Dote
d ;IKOAP OAAIFO; c I/
Co-Sponsored by Commissioner Alex J.Fernandez 4t.. .+."
.4Ic".—.
Co-Sponsored by Commissioner Tanya K Bhatt
Ordinances -RS G
MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: City Attorney Ricardo J. Dopico
DATE: March 19, 2025 9:45 a.m. Second 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.
Page 442 of 1157
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,which was only modified after first reading to include a phrase clarifying
that its signage requirements are in addition to the signage required by section 106-118 of the
City Code, 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: 3/7/2025
See BIE at: https://www.miamibeachfl.gov/city-hall/city-clerk/meetinq-notices/
FINANCIAL INFORMATION
CONCLUSION
Applicable Area
Page 443 of 1157
Citywide
Is this a "Residents Right to Know" item. Is this item related to a G.O. Bond
pursuant to City Code Section 2-17? 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-sponsors)
Commissioner Joseph Magazine
Commissioner Alex Fernandez
Commissioner Tanya K. Bhatt
Condensed Title
9:45 a.m. 1st Rdg PH, Ch. 106, Create Requirements for Private Parking Lots. (DS/JM(AF/TB)
CA
Previous Action (For City Clerk Use Only)
First Reading Public Hearing on 2/26/2025— R5 P
Page 444 of 1157