Exhibit 1

PROPOSED

1 ORDINANCE NO. 2021-

2 AN ORDINANCE OF THE BOARD OF COUNTY
COMMISSIONERS OF BROWARD COUNTY, FLORIDA,
3 PERTAINING TO PRIVATE PARKING TICKETS AND
PRIVATE ENFORCEMENT OF PARKING TICKETS;
4 CREATING SECTION 20-164.2 OF THE BROWARD
COUNTY CODE OF ORDINANCES ("CODE");
5 PROHIBITING THE ISSUANCE OF PRIVATE PARKING
TICKETS AND PRIVATE ENFORCEMENT OF PARKING
6 TICKETS; AMENDING SECTION 8½-16 OF THE CODE TO
PROVIDE FOR FINES; AND PROVIDING FOR
7 SEVERABILITY, INCLUSION IN THE CODE, AND AN
EFFECTIVE DATE.
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9 (Sponsored by Commissioner Mark D. Bogen)
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11 WHEREAS, certain private parking facilities or their agents issue private parking
12 tickets to motor vehicles for violating the parking rules of the applicable facility;
13 WHEREAS, these tickets often resemble local government parking citations and
14 create the misimpression that failure to pay the ticket or remedy the violation may subject
15 the ticketed motorists to civil or criminal penalties;
16 WHEREAS, these private parking tickets are not issued by law enforcement, but
17 mimic the form and appearance of official law enforcement parking tickets;
18 WHEREAS, unsuspecting motorists may pay the ticketed fines or fees under the
19 mistaken belief that the fines and fees are imposed by law enforcement;
20 WHEREAS, certain private parking facilities also apply restraint devices, such as
21 “boots,” to motor vehicles for violating the parking rules of the applicable facility or failure
22 to pay private parking tickets;
23 WHEREAS, these misleading private tickets and restraint devices cause fear,
24 confusion, and inconvenience for the ticketed motorists; and

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 1 WHEREAS, the Board of County Commissioners of Broward County finds it is in
2 the best interest of citizens and visitors of Broward County to prohibit the practice of
3 issuing private parking tickets and private enforcement of private parking tickets,
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5 BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF
6 BROWARD COUNTY, FLORIDA:
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8 Section 1. Section 20-164.2 of the Broward County Code of Ordinances is
9 hereby created to read as follows:
10 [Underlining omitted]
11 Sec. 20-164.2. Private parking tickets and violations prohibited.
12 (a) Definitions.
13 Agent means any person or entity engaged by a private parking facility to monitor
14 or enforce parking at the private parking facility, including, without limitation, by
15 issuing private tickets or applying immobilization devices. Agent includes any
16 entity providing lot-monitoring services as defined in Section 20-176.12 of the
17 Code.
18 Division means the Broward County Environmental and Consumer Protection
19 Division or its successor agency.
20 Immobilization device means any device installed or affixed to the wheel or tire of
21 a motor vehicle so as to prevent its usual manner of movement.
22 Private parking facility means any real property or building that is owned or
23 operated for the benefit of an entity other than a governmental entity or special
24 district and that allows for parking of motor vehicles by members of the public.

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 1 Private parking facility operator means an entity, other than a governmental entity
2 or special district, that owns or operates a private parking facility.
3 Private ticket means a citation, ticket, notice of violation, or other instrument issued
4 by a nongovernmental entity for a parking violation that seeks to impose a
5 monetary penalty or fine.
6 (b) Private tickets prohibited. It shall be unlawful for any person, including any
7 private parking facility operator or agent to issue a private ticket to a motor vehicle parked
8 in a private parking facility or to the owner of any such vehicle. Any private parking ticket
9 is hereby declared null, void, and unenforceable.
10 (c) Private enforcement prohibited. It shall be unlawful for any private parking
11 facility operator or agent to apply an immobilization device to a motor vehicle or tow a
12 vehicle parked in a private parking facility, unless such operator or agent is licensed in
13 accordance with Section 20-176.13 of the Code and is operating in strict compliance with
14 the applicable requirements of Chapter 20, Article VII, Division 2, Towing and
15 Immobilization Regulation, of the Code, including, without limitation, Section 20-176.19
16 and Section 20-176.21 therein.
17 (d) Penalties. Any person that violates any provision of this section shall be
18 subject to the civil penalties described in Section 8½-16(b). The placement of a private
19 ticket or immobilization device on a motor vehicle in a private parking facility, or electronic
20 issuance of a private ticket against the vehicle or the owner of the vehicle, shall be
21 prima facie evidence of a violation of this section.
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1 (e) Enforcement.
2 (1) The issuance of a private ticket or immobilization device in violation of this
3 section is hereby declared to be transient in nature and constitutes
4 irreparable harm.
5 (2) Complaints regarding violations of this section may be filed with the
6 Division. The complaint should include a copy of the private ticket, where
7 applicable, the date, time, location of the action(s) in violation of this section,
8 and identity of the private parking facility operator or agent at issue, if
9 known.
10 (3) Enforcement procedures shall be as provided in Chapter 8½ of this Code.
11 For purposes of Chapter 8½, personnel designated by the Division are
12 “code inspectors,” and a code inspector’s examination of the complaint and
13 any other documentation provided by the complainant constitutes “personal
14 investigation.”
15 (4) If a code inspector determines that the complaint fails to allege a violation
16 of this section, the code inspector shall notify the complainant, specifying
17 the defects in the complaint. If a code inspector determines the complainant
18 has sufficiently alleged a violation of this section, the code inspector shall
19 issue a citation as provided in Section 8½-10 of the Code to the private
20 parking facility and/or agent at issue.
21 (5) Upon hearing of a citation by a hearing officer, if a violation is found, the
22 hearing officer shall assess the fines stated in Section 8½-16. In addition,
23 the hearing office may assess additional civil penalties in the amount of any
24 unrefunded costs collected by the private parking facility or agent, which

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 1 amounts, if collected by the County, shall be paid to the complainant upon
2 receipt by the County.
3 (6) Nothing in this Section 20-164.2 shall prohibit any otherwise lawful action
4 by law enforcement or a governmental entity, or the periodic invoicing of
5 parking fees to patrons who rent or lease space in a parking facility on a
6 weekly, monthly, or other longer basis, provided the parking invoices do not
7 falsely state or misleadingly imply the invoicing entity is affiliated with law
8 enforcement or a governmental entity. Nothing in this section shall prohibit
9 issuance of a private ticket or application of an immobilization device if such
10 issuance or application is pursuant to a contract between the applicable
11 entities that was entered into before the effective date of this section.
12
13 Section 2. Section 8½-16 of the Broward County Code of Ordinances is hereby
14 amended to read as follows:
15 Sec. 8½-16. Schedule of civil penalties.
16 ...
17 (b) Violations of Towing and Immobilization Regulations:
18 Fine
19 Violation First Repeat
20 Violation Violation
21 ...
22 (35) Issuing a private ticket or applying an
23 immobilization device in violation of

24 Sec. 20-164.2 250.00 500.00

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 1 ...
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3 Section 3. Severability.
4 If any portion of this Ordinance is determined by any court to be invalid, the invalid
5 portion will be stricken, and such striking will not affect the validity of the remainder of this
6 Ordinance. If any court determines that this Ordinance, in whole or in part, cannot be
7 legally applied to any individual, group, entity, property, or circumstance, such
8 determination will not affect the applicability of this Ordinance to any other individual,
9 group, entity, property, or circumstance.
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11 Section 4. Inclusion in the Broward County Code of Ordinances.
12 It is the intention of the Board of County Commissioners that the provisions of this
13 Ordinance become part of the Broward County Code of Ordinances as of the effective
14 date. The sections of this Ordinance may be renumbered or relettered and the word
15 "ordinance" may be changed to "section," "article," or such other appropriate word or
16 phrase to the extent necessary in order to accomplish such intention.
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1 Section 5. Effective Date.
2 This Ordinance is effective as of the date provided by law.
3
4 ENACTED PROPOSED
5 FILED WITH THE DEPARTMENT OF STATE
6 EFFECTIVE
7
8 Approved as to form and legal sufficiency:
Andrew J. Meyers, County Attorney
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10 By /s/ Scott Andron 08/26/2021
Scott Andon (date)
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Assistant County Attorney
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13 By /s/ René D. Harrod 08/26/2021
René D. Harrod (date)
14 Chief Deputy County Attorney
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SA/jc
23 Private Tickets Ord
08/26/2021
24 #577870_4

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