Bill Text: FL S1128 | 2020 | Regular Session | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Vacation Rentals
Spectrum: Bipartisan Bill
Status: (Failed) 2020-03-14 - Died in Rules [S1128 Detail]
Download: Florida-2020-S1128-Introduced.html
Bill Title: Vacation Rentals
Spectrum: Bipartisan Bill
Status: (Failed) 2020-03-14 - Died in Rules [S1128 Detail]
Download: Florida-2020-S1128-Introduced.html
Florida Senate - 2020 SB 1128 By Senator Diaz 36-01819-20 20201128__ 1 A bill to be entitled 2 An act relating to vacation rentals; amending s. 3 509.013, F.S.; defining the term “advertising 4 platform”; amending s. 509.032, F.S.; preempting the 5 regulation of vacation rentals to the state; providing 6 legislative findings; authorizing a local law, 7 ordinance, or regulation to regulate certain 8 activities under certain circumstances; prohibiting a 9 local law, ordinance, or regulation from allowing or 10 requiring inspections or licensing of vacation 11 rentals; preempting the regulation of advertising 12 platforms to the state; amending s. 509.241, F.S.; 13 requiring licenses issued by the Division of Hotels 14 and Restaurants of the Department of Business and 15 Professional Regulation to be displayed conspicuously 16 to the public inside the licensed establishment; 17 requiring the operator of certain vacation rentals to 18 also display its vacation rental license number and 19 applicable tax account numbers; amending s. 509.242, 20 F.S.; revising the criteria for a public lodging 21 establishment to be classified as a vacation rental; 22 creating s. 509.243, F.S.; requiring advertising 23 platforms to require that persons placing 24 advertisements for vacation rentals include certain 25 information in the advertisements; providing that the 26 advertising platform is not required to verify such 27 information; requiring each advertising platform to 28 quarterly provide the division with certain 29 information regarding vacation rentals in this state 30 listed on the platform; requiring an advertising 31 platform to remove an advertisement or listing under 32 certain conditions and within a specified timeframe; 33 authorizing the division to issue and deliver a notice 34 to cease and desist for certain violations; providing 35 that such notice does not constitute agency action for 36 which a certain hearing may be sought; authorizing the 37 division to file certain proceedings; authorizing the 38 collection of attorney fees and costs under certain 39 circumstances; providing applicability; providing 40 effective dates. 41 42 Be It Enacted by the Legislature of the State of Florida: 43 44 Section 1. Subsection (17) is added to section 509.013, 45 Florida Statutes, to read: 46 509.013 Definitions.—As used in this chapter, the term: 47 (17) “Advertising platform” means a person who: 48 (a) Provides an online application, software, website, 49 system, or print advertisement through which a transient public 50 lodging establishment located in this state is advertised or 51 held out to the public as available to rent for transient 52 occupancy; 53 (b) Provides or maintains a marketplace for the renting by 54 transient occupancy of a vacation rental; or 55 (c) Provides a reservation or payment system that 56 facilitates a transaction for the renting by transient occupancy 57 of a vacation rental and for which the person collects or 58 receives, directly or indirectly, a fee in connection with the 59 reservation or payment service provided for such transaction. 60 61 The term does not include the multiple listing service or an 62 online or print advertisement of a transient public lodging 63 establishment by a real estate broker or sales associate 64 licensed under chapter 475; however, a real estate broker or 65 sales associate licensed under chapter 475 must comply with s. 66 509.243(3). 67 Section 2. Subsection (7) of section 509.032, Florida 68 Statutes, is amended to read: 69 509.032 Duties.— 70 (7) PREEMPTION AUTHORITY.— 71 (a) Public lodging establishments and public food service 72 establishments.— 73 1. Preemption.—The regulation of public lodging 74 establishments, including vacation rentals, and public food 75 service establishments, including, but not limited to, 76 sanitation standards, inspections, training and testing of 77 personnel, and matters related to the nutritional content and 78 marketing of foods offered in such establishments, is preempted 79 to the state. This subparagraphparagraphdoes not preempt the 80 authority of a local government or local enforcement district to 81 conduct inspections of public lodging and public food service 82 establishments for compliance with the Florida Building Code and 83 the Florida Fire Prevention Code, pursuant to ss. 553.80 and 84 633.206. 85 2.(b)Vacation rentals.— 86 a. The Legislature finds that: 87 (I) Property owners who choose to use their property as a 88 vacation rental have constitutionally protected property rights 89 and other rights that must be protected, including the right to 90 use their residential property as a vacation rental; 91 (II) Vacation rentals play a significant, unique, and 92 critical role in this state’s tourism industry, and that role is 93 different from other types of public lodging establishments; 94 (III) There are factors unique to the ownership and 95 operation of a vacation rental; and 96 (IV) Vacation rentals are residential in nature, a 97 residential use, and thus permitted in residential 98 neighborhoods. 99 b. Except as provided under this subparagraph, the 100 regulation of vacation rentals, including inspection and 101 licensing, is expressly preempted to the state. 102 c. A local law, ordinance, or regulation may regulate 103 activities that arise when a property is used as a vacation 104 rental if the law, ordinance, or regulation applies uniformly to 105 all residential properties without regard to whether the 106 property is used as a vacation rental as defined in s. 509.242, 107 the property is used as a long-term rental subject to chapter 108 83, or the property owner chooses not to rent the property. 109 However, a local law, ordinance, or regulation may not prohibit 110vacationrentals or regulate the duration or frequency ofrental111of vacationrentals. This sub-subparagraphparagraphdoes not 112 apply to any local law, ordinance, or regulation adopted on or 113 before June 1, 2011. 114 d. A local law, ordinance, or regulation may not allow or 115 require the inspection or licensing of vacation rentals. 116 e.(c)This subparagraphparagraph(b)does not apply to any 117 local law, ordinance, or regulation exclusively relating to 118 property valuation as a criterion for vacation rental if the 119 local law, ordinance, or regulation is required to be approved 120 by the state land planning agency pursuant to an area of 121 critical state concern designation. 122 (b) Advertising platforms.—The regulation of advertising 123 platforms is preempted to the state and shall be regulated under 124 this chapter. 125 Section 3. Effective January 1, 2021, subsection (3) of 126 section 509.241, Florida Statutes, is amended to read: 127 509.241 Licenses required; exceptions.— 128 (3) DISPLAY OF LICENSE.—Any license issued by the division 129 mustshallbe conspicuously displayed to the public insidein130 theoffice or lobby of thelicensed establishment. Public food 131 service establishments thatwhichoffer catering services must 132shalldisplay their license number on all advertising for 133 catering services. The operator of a vacation rental offered for 134 transient occupancy through an advertising platform must also 135 display the vacation rental license number and the applicable 136 Florida sales tax registration and tourist development tax 137 account numbers under which such taxes must be paid for each 138 rental of the property as a vacation rental. 139 Section 4. Paragraph (c) of subsection (1) of section 140 509.242, Florida Statutes, is amended to read: 141 509.242 Public lodging establishments; classifications.— 142 (1) A public lodging establishment shall be classified as a 143 hotel, motel, nontransient apartment, transient apartment, bed 144 and breakfast inn, timeshare project, or vacation rental if the 145 establishment satisfies the following criteria: 146 (c) Vacation rental.—A vacation rental is aanyunit or 147 group of units in a condominium or cooperative or in anany148 individually or collectively owned single-family, two-family, 149 three-family, or four-family house or dwelling unit that is also 150 a transient public lodging establishment butthat isnot a 151 timeshare project. 152 Section 5. Effective January 1, 2021, section 509.243, 153 Florida Statutes, is created to read: 154 509.243 Advertising platforms.— 155 (1)(a) An advertising platform must require that a person 156 who places an advertisement for the rental of a vacation rental: 157 1. Include in the advertisement the vacation rental license 158 number and the applicable Florida sales tax registration and 159 tourist development tax account numbers under which such taxes 160 must be paid before the advertisement may be listed; and 161 2. Attest to the best of their knowledge that the license 162 number for the vacation rental property and the applicable tax 163 numbers are current, valid, and accurately stated in the 164 advertisement. 165 (b) An advertising platform must display the license number 166 and applicable Florida sales tax registration and tourist 167 development tax numbers, but the advertising platform is not 168 required to verify such information. 169 (2) An advertising platform must provide to the division on 170 a quarterly basis, by file transfer protocol or electronic data 171 exchange file, a list of all vacation rental listings in this 172 state on its platform and all of the following information for 173 each listing: 174 (a) The uniform resource locator for the Internet address 175 of the listing. 176 (b) The vacation rental license number provided by the 177 owner or operator. 178 (c) The applicable Florida sales tax registration and 179 tourist development tax numbers under which taxes will be 180 remitted for rentals commenced through the advertisement. 181 (3) An advertising platform must remove from public view an 182 advertisement or listing from its online application, software, 183 website, or system within 15 business days after being notified 184 by the division in writing that the subject advertisement or 185 listing for the rental of a vacation rental located in this 186 state fails to display a valid license number issued by the 187 division. 188 (4) If the division has probable cause to believe that a 189 person not licensed by the division has violated this chapter, 190 or any rule adopted pursuant thereto, the division may issue and 191 deliver to such person a notice to cease and desist from the 192 violation. The issuance of a notice to cease and desist does not 193 constitute agency action for which a hearing under ss. 120.569 194 and 120.57 may be sought. For the purpose of enforcing a cease 195 and desist notice, the division may file a proceeding in the 196 name of the state seeking the issuance of an injunction or a 197 writ of mandamus against any person who violates any provision 198 of the notice. If the department is required to seek enforcement 199 of the notice for a penalty pursuant to s. 120.569, it is 200 entitled to collect its attorney fees and costs, together with 201 any cost of collection. 202 Section 6. The Legislature does not intend for the 203 application of this act to supersede any current or future 204 declaration or declaration of condominium adopted pursuant to 205 chapter 718, Florida Statutes, cooperative documents adopted 206 pursuant to chapter 719, Florida Statutes, or declaration of 207 covenants or declaration adopted pursuant to chapter 720, 208 Florida Statutes. 209 Section 7. Except as otherwise expressly provided in this 210 act, this act shall take effect upon becoming a law.