Bill Text: FL S0812 | 2019 | Regular Session | Introduced
Bill Title: Vacation Rentals
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2019-05-03 - Died in Innovation, Industry, and Technology [S0812 Detail]
Download: Florida-2019-S0812-Introduced.html
Florida Senate - 2019 SB 812 By Senator Simmons 9-00674A-19 2019812__ 1 A bill to be entitled 2 An act relating to vacation rentals; amending s. 3 212.18, F.S.; requiring persons engaged in certain 4 public lodging-related transactions to display a valid 5 certificate of registration number in rental listings 6 or advertisements; specifying penalties for failure to 7 display such certification number; reordering and 8 amending s. 509.013, F.S.; revising and defining 9 terms; amending s. 509.032, F.S.; revising the 10 inspection responsibilities of the Division of Hotels 11 and Restaurants regarding vacation rentals; conforming 12 a cross-reference; requiring the division to adopt 13 rules relating to the inspection frequency for 14 licensed public food service establishments; requiring 15 the division to annually reassess such inspection 16 frequency; revising the preemption of local laws, 17 ordinances, and regulations relating to vacation 18 rentals; amending s. 509.034, F.S.; revising the 19 applicability of specified public lodging provisions; 20 amending s. 509.101, F.S.; making a technical change; 21 amending s. 509.141, F.S.; specifying the conditions 22 under which a notice to depart a premises is 23 effective; amending s. 509.151, F.S.; making a 24 technical change; amending s. 509.221, F.S.; 25 conforming a cross-reference; making technical 26 changes; specifying the applicability of specified 27 public lodging provisions to commercial vacation 28 rentals; amending s. 509.241, F.S.; authorizing the 29 division to refuse to issue or renew, or to suspend or 30 revoke, the license of a public lodging establishment 31 subject to a local final order directing the 32 establishment to cease operations; requiring vacation 33 rentals to display certain information in rental 34 listings and advertisements; amending s. 509.242, 35 F.S.; revising the classification of “vacation 36 rental”; authorizing the division to require by rule 37 that vacation rental applicants and licensees provide 38 certain information; revising the classification of 39 “nontransient apartment”; creating s. 509.243, F.S.; 40 requiring transient public lodging hosting platforms 41 to be registered with the division; prohibiting 42 hosting platforms from making specified transactions 43 regarding unregistered public lodging establishments; 44 specifying registration requirements; specifying 45 requirements relating to agents for service of 46 process; authorizing hosting platforms to collect and 47 remit state and local taxes; specifying the records to 48 be maintained by hosting platforms and the 49 transmission of such records; requiring the division 50 to audit such records periodically; authorizing the 51 division to share such records with the Department of 52 Revenue and specified counties for specified purposes; 53 specifying penalties; amending s. 509.4005, F.S.; 54 revising the applicability of specified public lodging 55 provisions; requiring the department and specified 56 counties to adopt an amnesty program regarding unpaid 57 taxes, penalties, and interest for persons who engage 58 in leasing, renting, letting, or granting licenses to 59 use a vacation rental; specifying the requirements of 60 such programs; specifying that certain taxes, 61 penalties, or interest assessments are not eligible 62 for such programs; authorizing the department to adopt 63 emergency rules; specifying rule requirements; 64 amending ss. 159.27, 212.08, 316.1955, 404.056, 65 477.0135, 553.5041, 717.1355, and 877.24, F.S.; 66 conforming cross-references; providing effective 67 dates. 68 69 Be It Enacted by the Legislature of the State of Florida: 70 71 Section 1. Paragraphs (a), (b), and (c) of subsection (3) 72 of section 212.18, Florida Statutes, are amended to read: 73 212.18 Administration of law; registration of dealers; 74 rules.— 75 (3)(a) A person who desiresdesiringto engage in or 76 conduct business in this state as a dealer, or to lease, rent, 77 or let or grant licenses in living quarters or sleeping or 78 housekeeping accommodations in hotels, apartment houses, 79 roominghouses, or tourist or trailer camps that are subject to 80 tax under s. 212.03, or to lease, rent, or let or grant licenses 81 in real property, and a person who sells or receives anything of 82 value by way of admissions, must file with the department an 83 application for a certificate of registration for each place of 84 business. The application must include the names of the persons 85 who have interests in such business and their residences, the 86 address of the business, and other data reasonably required by 87 the department. However, owners and operators of vending 88 machines or newspaper rack machines are required to obtain only 89 one certificate of registration for each county in which such 90 machines are located. The department, by rule, may authorize a 91 dealer that uses independent sellers to sell its merchandise to 92 remit tax on the retail sales price charged to the ultimate 93 consumer in lieu of having the independent seller register as a 94 dealer and remit the tax. The department may appoint the county 95 tax collector as the department’s agent to accept applications 96 for registrations. The application must be submitted to the 97 department before the person, firm, copartnership, or 98 corporation may engage in such business. 99 (b)1.The department,Upon receipt of such application, the 100 department shall grant to the applicant a separate certificate 101 of registration for each place of business, which may be 102 canceled by the department or its designated assistants for any 103 failure by the certificateholder to comply with this chapter. 104 The certificate is not assignable and is valid only for the 105 person, firm, copartnership, or corporation to which it is 106 issued. The certificate must be placed in a conspicuous place in 107 the business or businesses for which it is issued and must be 108 displayed at all times. Except as provided in this subsection, a 109 person may not engage in business as a dealer or in leasing, 110 renting,orletting,ofor granting a license to uselicenses in111 living quarters or sleeping or housekeeping accommodations in 112 hotels, apartment houses, roominghouses, tourist or trailer 113 camps, or real property, or sell or receive anything of value by 114 way of admissions, without a valid certificate. A person may not 115 receive a license from any authority within the state to engage 116 in any such business without a valid certificate. A person may 117 not engage in the business of selling or leasing tangible 118 personal property or services as a dealer; engage in leasing, 119 renting,orletting,ofor granting a license to uselicensesin120 living quarters or sleeping or housekeeping accommodations in 121 hotels, apartment houses, roominghouses, or tourist or trailer 122 camps that are taxable under this chapter, or real property; or 123 engage in the business of selling or receiving anything of value 124 by way of admissions without a valid certificate. 125 2. A person engaged in leasing, renting, letting, or 126 granting a license to use a transient public lodging 127 establishment, as defined in s. 509.013, must display the 128 person’s valid certificate of registration number in any rental 129 listing or advertisement for such property. 130 (c)1.a. A person who engages in acts requiring a 131 certificate of registration under this subsection and who fails 132 or refuses to register commits a misdemeanor of the first 133 degree, punishable as provided in s. 775.082 or s. 775.083. Such 134 acts are subject to injunctive proceedings as provided by law. A 135 person who engages in acts requiring a certificate of 136 registration and who fails or refuses to register is also 137 subject to a $100 registration fee. However, the department may 138 waive the registration fee if it finds that the failure to 139 register was due to reasonable cause and not to willful 140 negligence, willful neglect, or fraud. 141 b. A person who fails to display a valid certificate of 142 registration number as required under subparagraph (b)2. and who 143 has not previously been found to be in violation of that 144 subparagraph is subject to a civil penalty of $50 per day until 145 the person is in compliance. The department shall collect the 146 penalty. 147 c. A person who fails to display a valid certificate of 148 registration number as required under subparagraph (b)2. and who 149 has previously been found to be in violation of that 150 subparagraph is subject to a civil penalty of $100 per day until 151 the person is in compliance. The department shall collect the 152 penalty. 153 2.a. A person who willfully fails to register after the 154 department provides notice of the duty to register as a dealer 155 commits a felony of the third degree, punishable as provided in 156 s. 775.082, s. 775.083, or s. 775.084. 157 b. The department shall provide written notice of the duty 158 to register to the person by personal service or by sending 159 notice by registered mail to the person’s last known address. 160 The department may provide written notice by both methods 161 described in this sub-subparagraph. 162 Section 2. Section 509.013, Florida Statutes, is reordered 163 and amended to read: 164 509.013 Definitions.—As used in this chapter, the term: 165 (1) “Commercial vacation rental” means a vacation rental, 166 as specified in s. 509.242(1)(c), which: 167 (a) Is managed by one licensed agent under a single 168 license, pursuant to s. 509.251(1), for five or more vacation 169 rental units; or 170 (b) Is part of five or more vacation rental units under 171 common ownership, control, or management, either directly or 172 indirectly. 173 (3)(1)“Division” means the Division of Hotels and 174 Restaurants of the Department of Business and Professional 175 Regulation. 176 (5) “Hosting platform” means a person who advertises the 177 rental of transient public lodging establishments located in 178 this state and who receives compensation in connection with 179 facilitating a guest’s reservation or with collecting payment 180 for such reservation or rental made through any online-enabled 181 application, software, website, or system. 182 (7)(2)“Operator” means the owner, licensee, proprietor, 183 lessee, manager, assistant manager, or appointed agent of a 184 public lodging establishment or public food service 185 establishment. 186 (4)(3)“Guest” means any patron, customer, tenant, lodger, 187 boarder, or occupant of a public lodging establishment or public 188 food service establishment. 189 (9)(4)(a) “Public lodging establishment” includes a 190 transient public lodging establishment as defined in 191 subparagraph 1. and a nontransient public lodging establishment 192 as defined in subparagraph 2. 193 1. “Transient public lodging establishment” means the whole 194 or any part of aanyunit, group of units, dwelling, building, 195 or group of buildings within a single complex of buildings which 196 is rented to guests more than three times in a calendar year for 197 periods of less than 30 days or 1 calendar month, whichever is 198 less, or which is advertised or held out to the public as a 199 place regularly rented to guests. 200 2. “Nontransient public lodging establishment” means the 201 whole or any part of aanyunit, group of units, dwelling, 202 building, or group of buildings within a single complex of 203 buildings which is rented to guests for periods of at least 30 204 days or 1 calendar month, whichever is less, or which is 205 advertised or held out to the public as a place regularly rented 206 to guests for periods of at least 30 days or 1 calendar month. 207 208 License classifications of public lodging establishments, and 209 the definitions therefor, are set out in s. 509.242. For the 210 purpose of licensure, the term does not include condominium 211 common elements as defined in s. 718.103. 212 (b) The following are excluded from the definitions in 213 paragraph (a): 214 1. Any dormitory or other living or sleeping facility 215 maintained by a public or private school, college, or university 216 for the use of students, faculty, or visitors. 217 2. Any facility certified or licensed and regulated by the 218 Agency for Health Care Administration or the Department of 219 Children and Families or other similar place regulated under s. 220 381.0072. 221 3. Any place renting four rental units or less, unless the 222 rental units are advertised or held out to the public to be 223 places that are regularly rented to transients. For the purposes 224 of this subparagraph, if a rental unit, in whole or in part, is 225 advertised to guests for transient occupancy via a hosting 226 platform, it shall be deemed to be regularly rented to 227 transients. 228 4. Any unit or group of units in a condominium, 229 cooperative, or timeshare plan and any individually or 230 collectively owned one-family, two-family, three-family, or 231 four-family dwelling house or dwelling unit that is rented for 232 periods of at least 30 days or 1 calendar month, whichever is 233 less, and that is not advertised or held out to the public as a 234 place regularly rented for periods of less than 1 calendar 235 month, provided that no more than four rental units within a 236 single complex of buildings are available for rent. For purposes 237 of this subparagraph, if a rental unit, in whole or in part, is 238 advertised to guests for transient occupancy via a hosting 239 platform, it shall be deemed to be regularly rented for periods 240 of less than 1 calendar month. 241 5. Any migrant labor camp or residential migrant housing 242 permitted by the Department of Health under ss. 381.008 243 381.00895. 244 6. Any establishment inspected by the Department of Health 245 and regulated by chapter 513. 246 7. Any nonprofit organization that operates a facility 247 providing housing only to patients, patients’ families, and 248 patients’ caregivers and not to the general public. 249 8. Any apartment building inspected by the United States 250 Department of Housing and Urban Development or other entity 251 acting on the department’s behalf that is designated primarily 252 as housing for persons at least 62 years of age. The division 253 may require the operator of the apartment building to attest in 254 writing that such building meets the criteria provided in this 255 subparagraph. The division may adopt rules to implement this 256 requirement. 257 9. Any roominghouse, boardinghouse, or other living or 258 sleeping facility that may not be classified as a hotel, motel, 259 timeshare project, vacation rental, nontransient apartment, bed 260 and breakfast inn, or transient apartment under s. 509.242. 261 (8)(5)(a) “Public food service establishment” means any 262 building, vehicle, place, or structure, or any room or division 263 in a building, vehicle, place, or structure where food is 264 prepared, served, or sold for immediate consumption on or in the 265 vicinity of the premises; called for or taken out by customers; 266 or prepared beforeprior tobeing delivered to another location 267 for consumption. The term includes a culinary education program, 268 as defined in s. 381.0072(2), which offers, prepares, serves, or 269 sells food to the general public, regardless of whether it is 270 inspected by another state agency for compliance with sanitation 271 standards. 272 (b) The following are excluded from the definition in 273 paragraph (a): 274 1. Any place maintained and operated by a public or private 275 school, college, or university: 276 a. For the use of students and faculty; or 277 b. Temporarily to serve such events as fairs, carnivals, 278 food contests, cook-offs, and athletic contests. 279 2. Any eating place maintained and operated by a church or 280 a religious, nonprofit fraternal, or nonprofit civic 281 organization: 282 a. For the use of members and associates; or 283 b. Temporarily to serve such events as fairs, carnivals, 284 food contests, cook-offs, or athletic contests. 285 286 Upon request by the division, a church or a religious, nonprofit 287 fraternal, or nonprofit civic organization claiming an exclusion 288 under this subparagraph must provide the division documentation 289 of its status as a church or a religious, nonprofit fraternal, 290 or nonprofit civic organization. 291 3. Any eating place maintained and operated by an 292 individual or entity at a food contest, cook-off, or a temporary 293 event lasting from 1 to 3 days which is hosted by a church or a 294 religious, nonprofit fraternal, or nonprofit civic organization. 295 Upon request by the division, the event host must provide the 296 division documentation of its status as a church or a religious, 297 nonprofit fraternal, or nonprofit civic organization. 298 4. Any eating place located on an airplane, train, bus, or 299 watercraft which is a common carrier. 300 5. Any eating place maintained by a facility certified or 301 licensed and regulated by the Agency for Health Care 302 Administration or the Department of Children and Families or 303 other similar place that is regulated under s. 381.0072. 304 6. Any place of business issued a permit or inspected by 305 the Department of Agriculture and Consumer Services under s. 306 500.12. 307 7. Any place of business where the food available for 308 consumption is limited to ice, beverages with or without 309 garnishment, popcorn, or prepackaged items sold without 310 additions or preparation. 311 8. Any theater, if the primary use is as a theater and if 312 patron service is limited to food items customarily served to 313 the admittees of theaters. 314 9. Any vending machine that dispenses any food or beverages 315 other than potentially hazardous foods, as defined by division 316 rule. 317 10. Any vending machine that dispenses potentially 318 hazardous food and which is located in a facility regulated 319 under s. 381.0072. 320 11. Any research and development test kitchen limited to 321 the use of employees and which is not open to the general 322 public. 323 (2)(6)“Director” means the Director of the Division of 324 Hotels and Restaurants of the Department of Business and 325 Professional Regulation. 326 (10)(7)“Single complex of buildings” means all buildings 327 or structures that are owned, managed, controlled, or operated 328 under one business name and are situated on the same tract or 329 plot of land that is not separated by a public street or 330 highway. 331 (11)(8)“Temporary food service event” means any event of 332 30 days or less in duration where food is prepared, served, or 333 sold to the general public. 334 (12)(9)“Theme park” or “entertainment complex” means a 335 complex consistingcomprisedof at least 25 contiguous acres 336 owned and controlled by the same business entity and which 337 contains permanent exhibitions and a variety of recreational 338 activities and has a minimum of 1 million visitors annually. 339 (13)(10)“Third-party provider” means, for purposes of s. 340 509.049, any provider of an approved food safety training 341 program that provides training or such a training program to a 342 public food service establishment that is not under common 343 ownership or control with the provider. 344(11)“Transient establishment” means any public lodging345establishment that is rented or leased to guests by an operator346whose intention is that suchguests’occupancy will be347temporary.348 (14)(12)“Transient occupancy” means any occupancy in which 349when it is the intention of the parties thatthe operator 350 prohibits the guest from using the occupied lodging as the 351 guest’s sole residence, as stated in the written rental 352 agreement. If the written rental agreement does not contain such 353 a provision or no written rental agreement exists,occupancy354will be temporary.there is a rebuttable presumption that, when 355 the occupied lodgingdwelling unit occupiedis not the sole 356 residence of the guest, the occupancy is transient. 357(13)“Transient” means a guest in transient occupancy.358(14)“Nontransient establishment” means any public lodging359establishment that is rented or leased to guests by an operator360whose intention is that the dwelling unit occupied will be the361sole residence of the guest.362 (6)(15)“Nontransient occupancy” means any occupancy in 363 whichwhenit is the intention of the parties that suchthe364 occupancy will not be temporary. If a written rental agreement 365 between the parties states that the operator permits the guest 366 to use the occupied lodging as the guest’s sole residence and if 367 such agreement is for a term greater than 30 days, there is a 368 rebuttable presumption that the occupancy is nontransient. If 369 the written rental agreement does not contain such provisions, 370 or no written rental agreement exists, there is a rebuttable 371 presumption that, when the occupied lodgingdwelling unit372occupiedis the sole residence of the guest, the occupancy is 373 nontransient. 374(16)“Nontransient” means a guest in nontransient375occupancy.376 Section 3. Paragraph (a) of subsection (2) and paragraph 377 (c) of subsection (3) of section 509.032, Florida Statutes, are 378 amended to read: 379 509.032 Duties.— 380 (2) INSPECTION OF PREMISES.— 381 (a) The division has jurisdiction and is responsible for 382 all inspections required by this chapter. The division is 383 responsible for quality assurance. Beyond the specific 384 inspection frequencies under this paragraph, the division shall 385 inspect each establishment licensed by the division at such 386 other times as the division determines is necessary to ensure 387 the public health, safety, and welfare. 388 1. The division shall inspect each licensed public lodging 389 establishment, including commercial vacation rentals, at least 390 biannually, except for transient and nontransient apartments, 391 which shall be inspected at least annually.Each establishment392licensed by the division shall be inspected at such other times393as the division determines is necessary to ensure the public’s394health, safety, and welfare. The division shall adopt by rule a395risk-based inspection frequency for each licensed public food396service establishment. The rule must require at least one, but397not more than four, routine inspections that must be performed398annually, and may include guidelines that consider the399inspection and compliance history of a public food service400establishment, the type of food and food preparation, and the401type of service. The division shall reassess the inspection402frequency of all licensed public food service establishments at403least annually.Public lodging units classified as vacation 404 rentals or timeshare projects, except commercial vacation 405 rentals, are not subject to this requirement but mustshallbe 406 made available to the division upon request. If, during the 407 inspection of a public lodging establishmentclassified for408renting to transient or nontransient tenants, an inspector 409 identifies vulnerable adults who appear to be victims of 410 neglect, as defined in s. 415.102, or, in the case of a building 411 that is not equipped with automatic sprinkler systems, tenants 412 or clients who may be unable to self-preserve in an emergency, 413 the division shall convene meetings with the following agencies 414 as appropriate to the individual situation: the Department of 415 Health, the Department of Elderly Affairs, the area agency on 416 aging, the local fire marshal, the landlord and affected tenants 417 and clients, and other relevant organizations, to develop a plan 418 that improves the prospects for safety of affected residents 419 and, if necessary, identifies alternative living arrangements 420 such as facilities licensed under part II of chapter 400 or 421 under chapter 429. 422 2. The division shall adopt by rule a risk-based inspection 423 frequency for each licensed public food service establishment. 424 The rule must require at least one, but not more than four, 425 routine inspections that must be performed annually and may 426 include guidelines that consider the inspection and compliance 427 history of a public food service establishment, the type of food 428 and food preparation, and the type of service. The division 429 shall reassess the inspection frequency of all licensed public 430 food service establishments at least annually. 431 (3) SANITARY STANDARDS; EMERGENCIES; TEMPORARY FOOD SERVICE 432 EVENTS.—The division shall: 433 (c) Administer a public notification process for temporary 434 food service events and distribute educational materials that 435 address safe food storage, preparation, and service procedures. 436 1. Sponsors of temporary food service events shall notify 437 the division not less than 3 days before the scheduled event of 438 the type of food service proposed, the time and location of the 439 event, a complete list of food service vendors participating in 440 the event, the number of individual food service facilities each 441 vendor will operate at the event, and the identification number 442 of each food service vendor’s current license as a public food 443 service establishment or temporary food service event licensee. 444 Notification may be completed orally, by telephone, in person, 445 or in writing. A public food service establishment or food 446 service vendor may not use this notification process to 447 circumvent the license requirements of this chapter. 448 2. The division shall keep a record of all notifications 449 received for proposed temporary food service events and shall 450 provide appropriate educational materials to the event sponsors 451 and notify the event sponsors of the availability of the food 452 recovery brochure developed under s. 595.420. 453 3.a. Unless excluded under s. 509.013(8)(b)s.454509.013(5)(b), a public food service establishment or other food 455 service vendor must obtain one of the following classes of 456 license from the division: an individual license, for a fee of 457 no more than $105, for each temporary food service event in 458 which it participates; or an annual license, for a fee of no 459 more than $1,000, that entitles the licensee to participate in 460 an unlimited number of food service events during the license 461 period. The division shall establish license fees, by rule, and 462 may limit the number of food service facilities a licensee may 463 operate at a particular temporary food service event under a 464 single license. 465 b. Public food service establishments holding current 466 licenses from the division may operate under the regulations of 467 such a license at temporary food service events. 468 Section 4. Effective upon this act becoming a law, 469 paragraph (b) of subsection (7) of section 509.032, Florida 470 Statutes, is amended to read: 471 509.032 Duties.— 472 (7) PREEMPTION AUTHORITY.— 473 (b)1. A local law, ordinance, or regulation may not 474 prohibit vacation rentals or regulate the duration or frequency 475 of rental of vacation rentals. However, a local government may 476 regulate activities: 477 a. That arise when a property is used as a vacation rental, 478 provided such regulation applies uniformly to all residential 479 properties without regard to whether the property is used as a 480 vacation rental as defined in s. 509.242 or long-term rental 481 subject to part II of chapter 83 or whether a property owner 482 chooses not to rent the property. 483 b. In single-family residences in which the owner does not 484 personally occupy at least a portion of the residence where 485 vacation rental activities are occurring. 486 2. A vacation rental owner shall submit to the local 487 jurisdiction a copy of the vacation rental license required 488 under this chapter, a copy of the certificate of registration 489 required under s. 212.18, and the owner’s emergency contact 490 information. The submission of such documents and information is 491 for informational purposes only. The local jurisdiction may not 492 assess a fee for the submission. 493 3. This paragraph does not apply to any local law, 494 ordinance, or regulation adopted on or before June 1, 2011, 495 including when such law, ordinance, or regulation is being 496 amended to be less restrictive. 497 Section 5. Section 509.034, Florida Statutes, is amended to 498 read: 499 509.034 Application.—Sections 509.141-509.162 and 509.401 500 509.417 apply only to guests in transient occupancy in a 501 licensed public lodging establishmenttransients only. This 502 chapter may not be used to circumvent the procedural 503 requirements of the Florida Residential Landlord and Tenant Act. 504 Section 6. Subsection (2) of section 509.101, Florida 505 Statutes, is amended to read: 506 509.101 Establishment rules; posting of notice; food 507 service inspection report; maintenance of guest register; mobile 508 food dispensing vehicle registry.— 509 (2) It is the duty of each operator of a transient public 510 lodging establishment to maintain at all times a register, 511 signed by or for guests who occupy rental units within the 512 establishment, showing the dates upon which the rental units 513 were occupied by such guests and the rates charged for their 514 occupancy. This register shall be maintained in chronological 515 order and available for inspection by the division at any time. 516 Operators need not make available registers which are more than 517 2 years old. 518 Section 7. Subsections (2), (3), and (4) of section 519 509.141, Florida Statutes, are amended to read: 520 509.141 Refusal of admission and ejection of undesirable 521 guests; notice; procedure; penalties for refusal to leave.— 522 (2) The operator of any public lodging establishment or 523 public food service establishment shall notify such guest that 524 the establishment no longer desires to entertain the guest and 525 shall request that such guest immediately depart from the 526 establishment. Such notice may be given orally or in writing. 527 The notice is effective upon the operator’s delivery of the 528 notice, whether in person, via a telephonic or electronic 529 communications medium using the contact information provided by 530 the guest, or, with respect to a public lodging establishment, 531 upon delivery to the guest’s lodging unit. If the notice is in 532 writing, it shall be as follows: 533 534 “You are hereby notified that this establishment no longer 535 desires to entertain you as its guest, and you are requested to 536 leave at once. To remain after receipt of this notice is a 537 misdemeanor under the laws of this state.” 538 539 If such guest has paid in advance, the establishment shall, at 540 the time such notice is given, tender to such guest the unused 541 portion of the advance payment; however, the establishment may 542 withhold payment for each full day that the guest has been 543 entertained at the establishment for any portion of the 24-hour 544 period of such day. 545 (3) Any guest who remains or attempts to remain in any such 546 establishment after the operator’s request to depart pursuant to 547 subsection (2)being requested to leaveis guilty of a 548 misdemeanor of the second degree, punishable as provided in s. 549 775.082 or s. 775.083. 550 (4) If any guestperson isillegally remains on the 551 premises of any public lodging establishment or public food 552 service establishment after the operator’s request to depart 553 pursuant to subsection (2), the operator of such establishment 554 may call upon any law enforcement officer of this state for 555 assistance. It is the duty of such law enforcement officer, upon 556 the request of such operator, to place under arrest and take 557 into custody for violation of this section any guest who 558 violates subsection (3) in the presence of the officer. If a 559 warrant has been issued by the proper judicial officer for the 560 arrest of any violator of subsection (3), the officer shall 561 serve the warrant, arrest the person, and take the person into 562 custody. Upon arrest, with or without warrant, the guest will be 563 deemed to have given up any right to occupancy or to have 564 abandoned such right of occupancy of the premises, and the 565 operator of the establishment may then make such premises 566 available to other guests. However, the operator of the 567 establishment shall employ all reasonable and proper means to 568 care for any personal property which may be left on the premises 569 by such guest and shall refund any unused portion of moneys paid 570 by such guest for the occupancy of such premises. 571 Section 8. Subsection (1) of section 509.151, Florida 572 Statutes, is amended to read: 573 509.151 Obtaining food or lodging with intent to defraud; 574 penalty.— 575 (1) Any person who obtains food, lodging, or other 576 accommodations having a value of less than $300 at any public 577 food service establishment, or at any transient public lodging 578 establishment, with intent to defraud the operator thereof, is 579 guilty of a misdemeanor of the second degree, punishable as 580 provided in s. 775.082 or s. 775.083; if such food, lodging, or 581 other accommodations have a value of $300 or more, such person 582 is guilty of a felony of the third degree, punishable as 583 provided in s. 775.082, s. 775.083, or s. 775.084. 584 Section 9. Paragraphs (b) and (c) of subsection (2) and 585 subsections (6) and (9) of section 509.221, Florida Statutes, 586 are amended to read: 587 509.221 Sanitary regulations.— 588 (2) 589 (b) Within a theme park or an entertainment complex as 590 defined in s. 509.013(12)s. 509.013(9), the bathrooms are not 591 required to be in the same building as the public food service 592 establishment, so long as they are reasonably accessible. 593 (c) Each transient public lodging establishment that does 594 not provide private or connecting bathrooms shall maintain one 595 public bathroom on each floor for every 15 guests, or major 596 fraction of that number, rooming on that floor. 597 (6) Each transient public lodging establishment shall 598 provide each bed, bunk, cot, or other sleeping place for the use 599 of guests with clean pillowslips and under and top sheets. 600 Sheets and pillowslips shall be laundered before they are used 601 by another guest, a clean set being furnished each succeeding 602 guest. All bedding, including mattresses, quilts, blankets, 603 pillows, sheets, and comforters, shall be thoroughly aired, 604 disinfected, and kept clean. Bedding, including mattresses, 605 quilts, blankets, pillows, sheets, or comforters, may not be 606 used if they are worn out or unfit for further use. 607 (9) Subsections (2), (5), and (6) do not apply to any 608 facility or unit classified as a vacation rental, nontransient 609 apartment, or timeshare project as described in s. 610 509.242(1)(c), (d), and (g). Subsections (2), (5), and (6) do 611 apply, however, to any commercial vacation rental. 612 Section 10. Subsections (1) and (3) of section 509.241, 613 Florida Statutes, are amended to read: 614 509.241 Licenses required; exceptions.— 615 (1) LICENSES; ANNUAL RENEWALS.—Each public lodging 616 establishment and public food service establishment shall obtain 617 a license from the division. Such license may not be transferred 618 from one place or individual to another. It shall be a 619 misdemeanor of the second degree, punishable as provided in s. 620 775.082 or s. 775.083, for such an establishment to operate 621 without a license. Local law enforcement shall provide immediate 622 assistance in pursuing an illegally operating establishment. The 623 division may refuse a license, or a renewal thereof, to any 624 establishment that is not constructed and maintained in 625 accordance with law and with the rules of the division. The 626 division may refuse to issue a license, or a renewal thereof, to 627 any establishment an operator of which, within the preceding 5 628 years, has been adjudicated guilty of, or has forfeited a bond 629 when charged with, any crime reflecting on professional 630 character, including soliciting for prostitution, pandering, 631 letting premises for prostitution, keeping a disorderly place, 632 or illegally dealing in controlled substances as defined in 633 chapter 893, whether in this state or in any other jurisdiction 634 within the United States, or has had a license denied, revoked, 635 or suspended pursuant to s. 429.14. The division may refuse to 636 issue or refuse to renew, or may suspend or revoke, the license 637 of any public lodging establishment that is the subject of a 638 final order from a local government directing the public lodging 639 establishment to cease operations due to the violation of a 640 local ordinance. Licenses shall be renewed annually, and the 641 division shall adopt a rule establishing a staggered schedule 642 for license renewals. If any license expires while 643 administrative charges are pending against the license, the 644 proceedings against the license shall continue to conclusion as 645 if the license were still in effect. 646 (3) DISPLAY OF LICENSE.—Any license issued by the division 647 shall be conspicuously displayed in the office or lobby of the 648 licensed establishment. Public food service establishments that 649whichoffer catering services shall display their license number 650 on all advertising for catering services. A vacation rental 651 operator shall display the vacation rental’s license number in 652 all rental listings or advertisements, and, if the operator is 653 offering for rent the whole or any portion of a unit or dwelling 654 through the rental listing or advertisement, the operator must 655 also display the physical address of the property, including any 656 unit designation. 657 Section 11. Paragraphs (c) and (d) of subsection (1) of 658 section 509.242, Florida Statutes, are amended to read: 659 509.242 Public lodging establishments; classifications.— 660 (1) A public lodging establishment shall be classified as a 661 hotel, motel, nontransient apartment, transient apartment, bed 662 and breakfast inn, timeshare project, or vacation rental if the 663 establishment satisfies the following criteria: 664 (c) Vacation rental.—A vacation rental is the whole or any 665 part of aanyunit or group of units in a condominium or 666 cooperative or in ananyindividually or collectively owned 667 single-family, two-family, three-family, or four-family house or 668 dwelling unit that is also a transient public lodging 669 establishment but that is not a timeshare project. The division 670 may require by rule that applicants and licensees provide all 671 information necessary to determine common ownership, control, or 672 management of vacation rentals. 673 (d) Nontransient apartment.—A nontransient apartment is a 674 building or complex of buildings in which 75 percent or more of 675 the units are advertised or held out to the public asare676 available forrent tonontransient occupancytenants. 677 Section 12. Section 509.243, Florida Statutes, is created 678 to read: 679 509.243 Hosting platforms for transient public lodging 680 establishments.— 681 (1) The operator of a transient public lodging 682 establishment located in this state may not advertise or list 683 its rental properties with a hosting platform unless the hosting 684 platform is registered with the division pursuant to this 685 section. 686 (2) A hosting platform may not advertise for rent, 687 facilitate a guest’s reservation, or collect payments for the 688 reservation or rental of a public lodging establishment that is 689 not licensed by the division as required by s. 509.241. 690 (3) A person may not operate as a hosting platform for 691 transient public lodging establishments located in this state 692 unless registered with the division pursuant to this section. 693 The division shall issue a registration to each person who meets 694 the requirements of this section. 695 (4) A hosting platform must designate and maintain on file 696 with the division an agent for service of process in this state. 697 If the registered agent cannot with reasonable diligence be 698 located, or if the hosting platform fails to designate or 699 maintain a registered agent in this state, the director of the 700 division will be deemed an agent of the hosting platform for 701 purposes of accepting service of any process, notice, or demand. 702 (5) A hosting platform may collect and remit state and 703 local taxes on behalf of the operators of the public lodging 704 establishments which it serves. 705 (6) A hosting platform must maintain records, in accordance 706 with rules adopted by the division, listing each transient 707 public lodging establishment it serves, the name of the 708 operator, the transient public lodging establishment’s license 709 number and physical address, including any unit designation, and 710 the applicable certificate of registration number under s. 711 212.18. For each transient public lodging establishment, these 712 records must also detail each period of rental reserved through 713 the hosting platform and the itemized amounts collected from the 714 guest by the hosting platform for the rental, taxes, and all 715 other charges. These records must be maintained by the hosting 716 platform for a period of 3 years and must be transmitted to the 717 division every 3 months in an electronic format, in accordance 718 with rules adopted by the division. The division shall audit 719 such records at least annually to enforce compliance with this 720 chapter. The division may share such records with the Department 721 of Revenue and any county that administers a tax imposed under 722 chapter 125 or chapter 212 for purposes of enforcing compliance 723 with those chapters. 724 (7) A hosting platform that has operated or is operating in 725 violation of this section or the rules of the division may be 726 subject by the division to fines not to exceed $1,000 per 727 offense and to suspension, revocation, or refusal of a 728 registration issued pursuant to this section. 729 Section 13. Section 509.4005, Florida Statutes, is amended 730 to read: 731 509.4005 Applicability of ss. 509.401-509.417.—Sections 732 509.401-509.417 apply only to guests in transient occupancy in a 733 licensed public lodging establishment. 734 Section 14. (1) The Department of Revenue, and any county 735 that administers a tax imposed under chapter 125 or chapter 212, 736 Florida Statutes, shall provide an amnesty program for unpaid 737 taxes, penalties, and interest for persons who engage in 738 leasing, renting, letting, or granting licenses to use a 739 vacation rental, as defined in s. 509.242, Florida Statutes, 740 subject to all of the following conditions: 741 (a) A customer’s payment for the vacation rental must have 742 been made before October 1, 2019. 743 (b) By October 1, 2019, the person who collects rental 744 payments shall be registered with the department to collect 745 taxes on vacation rentals. 746 (c) By October 1, 2019, the person who collects rental 747 payments shall apply for amnesty pursuant to rules adopted by 748 the department. 749 (d) The owners, operators, or managers of the vacation 750 rental shall have collected the rental payments. 751 (e) Taxes may not have been collected from any customer to 752 occupy a vacation rental. 753 (2) The amnesty program is not available for taxes, 754 penalties, or interest assessed if the assessment is final and 755 has not been timely challenged, or for any taxes, penalties, or 756 interest that have been paid to the department, unless the 757 payment is the subject of an assessment that is not final or 758 that has been timely challenged. 759 (3) The department may adopt emergency rules under ss. 760 120.536(1) and 120.54(4), Florida Statutes, to implement the 761 amnesty program. Such rules may provide forms, procedures, 762 terms, conditions, and methods of payment appropriate for the 763 fair and effective administration of the amnesty program and 764 which ensure taxpayers’ ongoing commitment to proper collection 765 and remittance of taxes. Notwithstanding any other law, the 766 emergency rules remain in effect until 6 months after their 767 adoption or the date all amnesty application files are resolved 768 pursuant to this section, whichever is later. 769 Section 15. Subsection (12) of section 159.27, Florida 770 Statutes, is amended to read: 771 159.27 Definitions.—The following words and terms, unless 772 the context clearly indicates a different meaning, shall have 773 the following meanings: 774 (12) “Public lodging or restaurant facility” means property 775 used for any public lodging establishment as defined in s. 776 509.242 or public food service establishment as defined in s. 777 509.013s. 509.013(5)if it is part of the complex of, or 778 necessary to, another facility qualifying under this part. 779 Section 16. Paragraph (jj) of subsection (7) of section 780 212.08, Florida Statutes, is amended to read: 781 212.08 Sales, rental, use, consumption, distribution, and 782 storage tax; specified exemptions.—The sale at retail, the 783 rental, the use, the consumption, the distribution, and the 784 storage to be used or consumed in this state of the following 785 are hereby specifically exempt from the tax imposed by this 786 chapter. 787 (7) MISCELLANEOUS EXEMPTIONS.—Exemptions provided to any 788 entity by this chapter do not inure to any transaction that is 789 otherwise taxable under this chapter when payment is made by a 790 representative or employee of the entity by any means, 791 including, but not limited to, cash, check, or credit card, even 792 when that representative or employee is subsequently reimbursed 793 by the entity. In addition, exemptions provided to any entity by 794 this subsection do not inure to any transaction that is 795 otherwise taxable under this chapter unless the entity has 796 obtained a sales tax exemption certificate from the department 797 or the entity obtains or provides other documentation as 798 required by the department. Eligible purchases or leases made 799 with such a certificate must be in strict compliance with this 800 subsection and departmental rules, and any person who makes an 801 exempt purchase with a certificate that is not in strict 802 compliance with this subsection and the rules is liable for and 803 shall pay the tax. The department may adopt rules to administer 804 this subsection. 805 (jj) Complimentary meals.—Also exempt from the tax imposed 806 by this chapter are food or drinks that are furnished as part of 807 a packaged room rate by any person offering for rent or lease 808 any transient living accommodations as described in s. 809 509.013(9)(a)s. 509.013(4)(a)which are licensed under part I 810 of chapter 509 and which are subject to the tax under s. 212.03, 811 if a separate charge or specific amount for the food or drinks 812 is not shown. Such food or drinks are considered to be sold at 813 retail as part of the total charge for the transient living 814 accommodations. Moreover, the person offering the accommodations 815 is not considered to be the consumer of items purchased in 816 furnishing such food or drinks and may purchase those items 817 under conditions of a sale for resale. 818 Section 17. Paragraph (b) of subsection (4) of section 819 316.1955, Florida Statutes, is amended to read: 820 316.1955 Enforcement of parking requirements for persons 821 who have disabilities.— 822 (4) 823 (b) Notwithstanding paragraph (a), a theme park or an 824 entertainment complex as defined in s. 509.013s. 509.013(9)825 which provides parking in designated areas for persons who have 826 disabilities may allow any vehicle that is transporting a person 827 who has a disability to remain parked in a space reserved for 828 persons who have disabilities throughout the period the theme 829 park is open to the public for that day. 830 Section 18. Subsection (5) of section 404.056, Florida 831 Statutes, is amended to read: 832 404.056 Environmental radiation standards and projects; 833 certification of persons performing measurement or mitigation 834 services; mandatory testing; notification on real estate 835 documents; rules.— 836 (5) NOTIFICATION ON REAL ESTATE DOCUMENTS.—Notification 837 shall be provided on at least one document, form, or application 838 executed at the time of, or prior to, contract for sale and 839 purchase of any building or execution of a rental agreement for 840 any building. Such notification shall contain the following 841 language: 842 843 “RADON GAS: Radon is a naturally occurring radioactive gas 844 that, when it has accumulated in a building in sufficient 845 quantities, may present health risks to persons who are exposed 846 to it over time. Levels of radon that exceed federal and state 847 guidelines have been found in buildings in Florida. Additional 848 information regarding radon and radon testing may be obtained 849 from your county health department.” 850 851 The requirements of this subsection do not apply to any 852 residential transient occupancy, as described in s. 509.013s.853509.013(12), provided that such occupancy is 45 days or less in 854 duration. 855 Section 19. Subsection (6) of section 477.0135, Florida 856 Statutes, is amended to read: 857 477.0135 Exemptions.— 858 (6) A license is not required of any individual providing 859 makeup or special effects services in a theme park or an 860 entertainment complex to an actor, stunt person, musician, 861 extra, or other talent, or providing makeup or special effects 862 services to the general public. The termsterm“theme park” or 863 “entertainment complex” havehasthe same meaning as in s. 864 509.013s. 509.013(9). 865 Section 20. Paragraph (b) of subsection (5) of section 866 553.5041, Florida Statutes, is amended to read: 867 553.5041 Parking spaces for persons who have disabilities.— 868 (5) Accessible perpendicular and diagonal accessible 869 parking spaces and loading zones must be designed and located to 870 conform to ss. 502 and 503 of the standards. 871 (b) If there are multiple entrances or multiple retail 872 stores, the parking spaces must be dispersed to provide parking 873 at the nearest accessible entrance. If a theme park or an 874 entertainment complex as defined in s. 509.013s. 509.013(9)875 provides parking in several lots or areas from which access to 876 the theme park or entertainment complex is provided, a single 877 lot or area may be designated for parking by persons who have 878 disabilities, if the lot or area is located on the shortest 879 accessible route to an accessible entrance to the theme park or 880 entertainment complex or to transportation to such an accessible 881 entrance. 882 Section 21. Section 717.1355, Florida Statutes, is amended 883 to read: 884 717.1355 Theme park and entertainment complex tickets.—This 885 chapter does not apply to any tickets for admission to a theme 886 park or an entertainment complex as defined in s. 509.013s.887509.013(9), or to any tickets to a permanent exhibition or 888 recreational activity within such theme park or entertainment 889 complex. 890 Section 22. Subsection (8) of section 877.24, Florida 891 Statutes, is amended to read: 892 877.24 Nonapplication of s. 877.22.—Section 877.22 does not 893 apply to a minor who is: 894 (8) Attending an organized event held at and sponsored by a 895 theme park or an entertainment complex as defined in s. 509.013 896s. 509.013(9). 897 Section 23. Except as otherwise expressly provided in this 898 act and except for this section, which shall take effect upon 899 this act becoming a law, this act shall take effect October 1, 900 2019.