Bill Text: FL S0812 | 2019 | Regular Session | Introduced


Bill Title: Vacation Rentals

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced) 2019-03-05 - Introduced [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 desires desiring to 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, or letting, of or granting a license to use licenses in
  111  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, or letting, of or granting a license to use licenses in
  120  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 a any unit, 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 a any unit, 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 before prior to being 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 consisting comprised of 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 lodging
  345  establishment that is rented or leased to guests by an operator
  346  whose intention is that such guests’ occupancy will be
  347  temporary.
  348         (14)(12) “Transient occupancy” means any occupancy in which
  349  when it is the intention of the parties that the 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, occupancy
  354  will be temporary. there is a rebuttable presumption that, when
  355  the occupied lodging dwelling unit occupied is 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 lodging
  359  establishment that is rented or leased to guests by an operator
  360  whose intention is that the dwelling unit occupied will be the
  361  sole residence of the guest.
  362         (6)(15) “Nontransient occupancy” means any occupancy in
  363  which when it is the intention of the parties that such the
  364  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 lodging dwelling unit
  372  occupied is the sole residence of the guest, the occupancy is
  373  nontransient.
  374         (16)“Nontransient” means a guest in nontransient
  375  occupancy.
  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 establishment
  392  licensed by the division shall be inspected at such other times
  393  as the division determines is necessary to ensure the public’s
  394  health, safety, and welfare. The division shall adopt by rule a
  395  risk-based inspection frequency for each licensed public food
  396  service establishment. The rule must require at least one, but
  397  not more than four, routine inspections that must be performed
  398  annually, and may include guidelines that consider the
  399  inspection and compliance history of a public food service
  400  establishment, the type of food and food preparation, and the
  401  type of service. The division shall reassess the inspection
  402  frequency of all licensed public food service establishments at
  403  least annually. Public lodging units classified as vacation
  404  rentals or timeshare projects, except commercial vacation
  405  rentals, are not subject to this requirement but must shall be
  406  made available to the division upon request. If, during the
  407  inspection of a public lodging establishment classified for
  408  renting 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.
  454  509.013(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 establishment transients 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 leave is 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 guest person is illegally 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
  649  which offer 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 a any unit or group of units in a condominium or
  666  cooperative or in an any individually 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 as are
  676  available for rent to nontransient occupancy tenants.
  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  509.013 s. 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. 509.013 s. 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. 509.013 s.
  853  509.013(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 terms term “theme park or
  863  entertainment complex” have has the same meaning as in s.
  864  509.013 s. 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. 509.013 s. 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. 509.013 s.
  887  509.013(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
  896  s. 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.

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