Current through Reg. 50, No. 187; September 24, 2024
(1)
General. This rule is applicable to all persons who park a motor
vehicle on the campus of Florida Polytechnic University (the "campus"). All
Polk County parking ordinances which are not in conflict with or not
inconsistent with University rules and all provisions of Chapter 316, F.S.,
shall extend and be applicable to the campus. The University parking and
traffic rules are available on the Florida Polytechnic University website. The
University assumes no liability for vehicles parked or operated on the campus
or University property. The issuance of a digital parking pass ("parking pass")
or permit does not guarantee a place to park. Information regarding parking
fees and fines can be found in Rule 6C13-1.001, F.A.C., Schedule of Parking
Fees and Fines.
(2)
Registration of Motor Vehicles. Vehicles used by University
employees, students, (full or part-time), concessionaire employees, vendors and
those who regularly park a vehicle on campus must be registered with the
University and have a valid digital parking pass on or before the first day the
vehicle is on campus, unless exempt from this requirement elsewhere in this
rule. The license plate must be registered to the parking pass to be considered
valid. Vehicle registrations expire on the expiration date indicated on the
digital permit or decal. Use of a motor vehicle on the campus or University
property is a privilege, not a right and is made available only under this
rule.
The following persons are not required to register their
vehicles with the University:
(a)
Representatives of news media on official business.
(b) Members of the Florida Polytechnic
University Board of Trustees who are on campus to attend meetings and functions
of the Board of Trustees. Trustees are issued special permits which must be
prominently displayed in their vehicles.
(c) Members of the Florida Polytechnic
University Foundation Board of Directors who are on campus to attend meetings
and functions of the Foundation. Directors are issued special permits which
must be prominently displayed in their vehicles.
(d) Visitors, however, visitors must pay the
applicable parking fee, unless a complimentary parking permit has been
provided, and may only park in areas designated for
visitors.
(3)
Persons Required to Have Digital Parking Passes.
(a) Employees. University employees and
temporary employees must obtain a digital parking pass for each vehicle that
is, or may be, parked on the campus. Digital parking passes are issued
according to the classifications contained in this rule. A digital parking pass
will be issued to such employees provided the following conditions are met:
1. The employee registers the vehicle with
the University.
2. The employee,
unless otherwise exempt, pays the appropriate fee and provides proof of
eligibility for the requested digital parking pass classification.
3. The employee has settled all outstanding
parking and traffic fines and fees prior to the digital parking pass being
issued.
When two or more University employees reside in the same
household and drive more than one vehicle, each is required to purchase a
separate original digital parking pass.
(b) Students. Students must obtain a digital
parking pass for each vehicle that is parked on campus. The University will
issue a student a digital parking pass provided the following conditions are
met:
1. The student is currently enrolled at
the University and pays the appropriate digital parking pass registration
fee.
2. The student provides a
valid vehicle registration for the vehicle on which the digital parking pass
will be registered.
3. The student
has settled all outstanding parking and traffic fines and fees prior to the
digital parking pass being issued.
(c) Vendors, Employees of contracted service
providers must purchase a digital parking pass for each vehicle that is, or may
be, parked on campus.
(4)
Digital Parking Pass Classifications. The issuance of digital
parking passes is restricted to the classifications specified in this rule. The
following digital parking pass classifications are in effect:
(a) Student Commuter - An annual commuter
student digital parking pass is issued to those persons who are currently
enrolled as students and have paid the Transportation Access Fee. A single
semester commuter digital parking pass (fall, spring, or summer) is available
during an academic school year to students who do not wish to purchase an
annual digital parking pass.
(b)
Student Resident - An annual resident student digital parking pass is issued to
those persons who are currently enrolled as students, have paid the
Transportation Access Fee, and are residing on campus. A single semester
resident digital parking pass (fall, spring, or summer) is available during an
academic school year to students who do not wish to purchase an annual digital
parking pass.
(c) Employee Annual -
An employee annual digital parking pass is available to University employees,
OPS employees and temporary employees.
(d) Employee Semester - A single semester
digital parking pass (fall, spring, or summer) is available during an academic
school year to employees who do not wish to purchase an annual digital parking
pass.
(e) Vendor Annual - A vendor
annual digital parking pass is available to vendor employees.
(f) Vendor Semester - A single semester
digital parking pass (fall, spring, or summer) is available during an academic
school year to vendors who do not wish to purchase an annual digital parking
pass.
(g) Economy Annual - A select
number economy annual digital parking pass is available for those wishing to
park only in designated economy lots.
(h) Economy Semester - A select number of
single semester digital parking pass (fall, spring, or summer) is available
during an academic school year for those wishing to park in designated economy
lots.
(i) Adjunct Faculty Annual -
An adjunct annual digital parking pass is available to adjunct
faculty.
(j) Adjunct Faculty
Semester - A single semester digital parking pass (fall, spring, or summer) is
available during an academic school year to adjunct faculty who do not wish to
purchase an annual digital parking pass.
(k) Reserved - A reserved digital parking
pass is available to University employees, vendors and students who wish to
have access to parking in designated reserve spaces or lots.
(l) Employee Special - Special Employee
Digital Permits are only available to employees with a primary office
assignment not located at the main campus (JD Alexander
Campus).
(5)
Display of License Plate.
(a)
Each driver who regularly parks a vehicle on campus must have his/her license
plate registered and clearly visible. It is the responsibility of the driver to
properly register his/her vehicle and update vehicle information as needed.
Failure to register a vehicle or have a clearly visible license plate may
result in a violation for not having a valid digital parking pass.
(b) The entire license plate must be
displayed unaltered and clearly visible.
(c) It is a violation of this rule to alter a
license plate and/or, falsify documents to obtain a digital parking pass. Any
such act constitutes digital parking pass fraud and will cause the digital
parking pass to be revoked.
(d)
Digital parking passes utilize the vehicle license plate number as the digital
parking pass number. Stickers, vehicle covers, or any other objects cannot
cover the vehicle's license plate.
(e) The license plate must be clearly visible
to parking enforcement officers. Vehicles backing into a parking space without
a front license plate is not considered visible will be a violation of this
rule.
(6)
Permits.
(a) The University may
issue temporary permits to those persons who require temporary parking
authorization and who are not otherwise required by this rule or by contract to
obtain a digital parking pass. Permits must be applied for and are issued for
durations that are commensurate with their purposes. Permits may or may not
require the payment of permit fees as provided below.
(b) The circumstances under which a permit
rather than a digital parking pass may be issued include, but are not limited
to, parking on the campus for occasional business-related purposes; parking on
the campus for attendance at conferences and meetings; and parking by visitors
who are not otherwise required to obtain a digital parking pass. Departments
hosting events on campus which will require additional visitor parking for
guests must obtain visitor permits from the Department of Parking and
Transportation for each vehicle per day. Departments are encouraged to post
directional signs for such events.
(7)
Parking Areas.
(a) Designation and Restricted Areas. Posted
signs, bumper blocks, and other markings designate the various parking areas on
campus. Parking areas may be restricted by classification, time or purpose.
Parking areas restricted by classification, time or purpose shall be considered
no parking zones to those individuals who do not fall within the restriction or
the classification. Individuals parking in areas so restricted are still
required to obtain the appropriate digital parking pass decal. The following
parking restrictions are found on the campus:
* Student
* Employee
* Premium
* Kiosk/Visitor Park and Pay
* Motorcycle/Motorbike/Moped
* Reserved
* State Vehicles
* Time Limited Parking
* Loading Zone
* Handicapped/Disabled
* Golf Cart
Changes in designated parking areas are effective at such
time as signage or other identifying markings are posted.
(b) Parking Kiosk. Kiosk parking (Visitor
Park and Pay) is enforced 24 hours a day, including weekends and holidays. If a
kiosk is malfunctioning, parking in that kiosk space is prohibited. A current
digital parking pass or permit does not entitle the driver to park in a Visitor
Park and Pay space without paying the appropriate visitor parking
fee.
(c) Handicapped/Disabled
Parking. Parking areas designated as disabled or handicapped are enforced at
all times and a current state issued disabled placard/hang-tag or license plate
must be visible and properly displayed on the vehicle along with having a
digital parking pass or permit.
(d)
Parking in Non-Designated Areas. Parking on lawns, landscaped areas, sidewalks,
or other areas not specifically designated by signs or curb markings as parking
areas is a violation. The absence of a "No Parking" sign does not mean parking
is permissible in an area. No motor vehicles, other than police vehicles,
emergency vehicles, service or repair vehicles, or golf-carts, may be parked at
any time on the walkways, grass, service areas, driveways or other prohibited
zones, except where specifically permitted by signage. No motor vehicle,
motorcycle or other type of vehicle, including a bicycle, shall be parked in
such a way as to create a hazard or obstruction to traffic or access. Temporary
parking areas may be designated in grass areas by the placement of delineating
signs, bumper blocks or other identifying marks. Parking adjacent to any
University building is prohibited except as identified by authorized
signs.
(e) Overnight Parking. No
person, other than a current campus housing resident whose vehicle is left in a
parking lot, shall leave a vehicle parked overnight on University property
without first notifying Parking and Transportation Services. Vehicles that are
inoperable shall be reported immediately to Parking and Transportation
Services. Vehicles left for more than three (3) consecutive days and nights,
without prior notification to Parking and Transportation Services, or which are
apparently abandoned are subject to towing, impoundment, and disposal at the
vehicle owner's expense. The University does not assume any responsibility for
motor vehicles or their contents while the vehicles are parked on University
property. Vehicles registered to current housing residents may be left in
parking lots during semester breaks but in no event for more than three weeks,
unless the person has obtained the prior written permission of Parking and
Transportation Services.
(f)
Vehicle Repair. Major repairs to vehicles shall not be performed on the
campus.
(g) Double Parking.
Double-parking is not allowed at any time.
(h) Parking a vehicle on campus following
failure to pay or appeal any citation for a university parking or traffic
infraction within the time provided, or parking on campus with a revoked
digital parking pass shall be considered illegal parking and the vehicle is
subject to towing.
(i) Parking
Golf-carts.
1. Golf-carts must be parked at
least 8 feet from the entrance or exit of any building, except at loading docks
or approved designated golf-cart parking spaces.
2. Golf-carts shall not be parked in any
manner likely to obstruct or interfere with the flow of pedestrian or vehicular
traffic in heavily traveled areas.
3. Golf-carts shall not be parked on
pedestrian crosswalks.
(8)
Enforcement.
(a) Violations. Failure to abide by any of
the provisions of this rule shall be considered a university parking
infraction. The University may enforce university parking infractions through
use of warnings, citations and fines, vehicle immobilization, towing and any
other means authorized by statute.
(b) Citations. The Public Safety Department
and the Department of Parking and Transportation are authorized to issue
written citations for violations of this rule. The Public Safety Department is
also empowered to issue citations for violations of Chapter 316, F.S., and
county ordinances. Only one citation per calendar day will be issued to a
vehicle for each category of violation. Any vehicle which remains in violation
of the same category of violation for more than one calendar day is subject to
additional citations for the same. Violations of Chapter 316, F.S., and county
ordinances are returnable to the Polk County Court and may carry higher fines
or other penalties.
(c) Remedies
for Failure to Pay Fines or Charges. In addition to the assessment of a late
payment charge, and other penalties as provided in this rule, the University
has the following remedies when the fines or charges are not timely paid:
1. Revoke the vehicle owner or digital
parking pass or decal owner's parking and driving privileges on University
property. A person whose parking privileges are revoked may not be issued a new
parking digital parking pass or decal until all prior outstanding citations are
satisfied.
2. Prevent the vehicle
owner and digital parking pass/decal owner from registering as a
student.
3. Withhold the vehicle
owner and digital parking pass/decal owner's transcripts or degrees.
4. Immobilize the vehicle.
5. Have the vehicle towed and
impounded.
6. Take other action as
necessary to collect the outstanding fines as delinquent accounts owed to the
University such as the use of a collection
agency.
(9)
Responsibility for Citations. If the vehicle is registered with
the University, the person who registered the vehicle with the Department of
Parking and Transportation ("digital parking pass owner") is responsible for
all citations issued to that vehicle. If the vehicle has not been registered
with the Department of Parking and Transportation, then the person(s) in whose
name the vehicle is registered with the State Department of Highway Safety and
Motor Vehicles ("vehicle owner") is responsible for citations issued to the
vehicle. University employees operating University vehicles and golf-carts are
responsible for any citations issued to such vehicle(s) while under their
control.
(10)
Deadline for
Payment of Fines or Filing of Appeals. Citations must be either paid for
or appealed within ten (10) business days from the date the citation was
issued. If the payment or a request for an appeal is not received by the
Department of Parking and Transportation within the ten business day period,
the late charge shall be assessed, and the University may take any authorized
action to enforce the penalty.
(11)
Payment of Fines and Charges. Fines and charges may be paid by
credit card through the Florida Polytechnic University website or in person at
the Department of Parking and Transportation by check, money order, credit
card, or the Florida Polytechnic debit card. Alternatively, payments may be
mailed to the Department of Parking and Transportation located on the campus;
however, late fees shall be applied in the event payment is not received by the
Department of Parking and Transportation within the time provided by these
rules. All payments sent by mail should include the payee's University ID
number, if any, and the citation number.
(12)
Appeal Process and
Procedures. Appeals of University-issued citations for parking
infractions and towing/vehicle immobilization procedures and charges may be
instituted by timely filing a written appeal with the Department of Parking and
Transportation on Form PT #1, 'Parking Citation and Towing/Vehicle
Immobilization Appeal Form' ("Appeal Form PT"), within ten business days of the
date the citation was issued and according to the instructions provided on the
form. This form is hereby incorporated by reference into this rule. Appeal Form
PT may be obtained on the University's website and at the Department of Parking
and Transportation. The Appeal Form PT is also available at
https://www.flrules.org/Gateway/reference.asp?No=Ref-09108.
County citations are not open to appeal through the University appeal process.
County citations must be processed through the Polk County Court system.
Inability to locate parking spaces or the failure of others to observe these
rules shall not be considered to be valid defenses. The appellant shall provide
a current and accurate email address where notices related to the appeal can be
sent to and received by the appellant. If the appellant does not provide an
email address on the Appeal Form PT, the notices will be sent to the mailing
address provided by the appellant on the Appeal Form PT. Completed and signed
Appeal Form PTs will be forwarded to an Appeal Hearing Officer for review and
decision.
(a) Appeal Hearing Officers. An
Appeal Hearing Officer or Officers will be appointed by the President or
designee, and they are responsible for resolving appeals of citations for
university-issued parking infractions and/or charges or procedures for towing,
impounding, or immobilization of vehicles. It is intended that Appeal Hearing
Officers will be members of the University Community.
(b) Appeal Hearing Officer Procedures. Appeal
Hearing Officers receive and evaluate the written appeals. (An appeal from a
person whose vehicle has been immobilized, towed and/or impounded will be
reviewed within two business days of receipt of the written appeal.) Appeal
Hearing Officers are guided by the Parking Rules and they shall consider any
relevant circumstances, as articulated in the written appeal, in making their
decisions. Appeal Hearing Officers may also request further information or
interview the appellant, witnesses or the citing officer to assist in making a
decision.
(c) Appeal Hearing
Officer Decisions. Following consideration of the grounds for an appeal, the
Appeal Hearing Officer makes a decision on the appeal. The Appeal Hearing
Officer's decision shall contain findings of fact and be reduced to writing,
and a copy shall be furnished to the appellant via email. The decision of the
Appeal Hearing Officer is final without further right of review.
(d) Appeal Denied. Upon denial of an appeal,
the fine or charges assessed shall be paid within ten (10) business days of the
date of notification to the appellant or the late payment charge will be
assessed.
(e) Immobilization or Tow
Appeal. In lieu of the appeal, or pending such appeal, or if the appeal is
denied, the owner of the vehicle or his/her authorized agent may obtain release
of the vehicle by paying the citation(s), the immobilization and/or towing
charges and any applicable delinquent fines. If the immobilization or tow
appeal is granted, the University shall refund the amount charged for the
immobilization or tow.
Rulemaking Authority
1006.66 FS. Law Implemented
1006.66,
1009.24(14)(r)
FS.
New 8-4-14, Amended
3-4-18.
