Florida Senate - 2020 CS for SB 1128 By the Committee on Commerce and Tourism; and Senator Diaz 577-03483-20 20201128c1 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; 6 prohibiting a local law, ordinance, or regulation from 7 allowing or requiring inspections or licensing of 8 public lodging establishments, including vacation 9 rentals, or public food service establishments; 10 authorizing a local law, ordinance, or regulation to 11 regulate certain activities under certain 12 circumstances; expanding an exemption to allow certain 13 ordinances adopted on or before June 1, 2011, to be 14 amended to be less restrictive; preempting the 15 regulation of advertising platforms to the state; 16 amending s. 509.241, F.S.; requiring licenses issued 17 by the Division of Hotels and Restaurants of the 18 Department of Business and Professional Regulation to 19 be displayed conspicuously to the public inside the 20 licensed establishment; requiring the operator of 21 certain vacation rentals to also display its vacation 22 rental license number and applicable tax account 23 numbers; creating s. 509.243, F.S.; requiring 24 advertising platforms to require that persons placing 25 advertisements for vacation rentals include certain 26 information in the advertisements; providing that the 27 advertising platform is required to verify such 28 information; requiring each advertising platform to 29 quarterly provide the division with certain 30 information regarding vacation rentals in this state 31 listed on the platform; requiring an advertising 32 platform to remove an advertisement or listing under 33 certain conditions and within a specified timeframe; 34 requiring an advertising platform to collect and remit 35 taxes imposed under chs. 125 and 212, F.S., for 36 certain transactions; authorizing the Department of 37 Revenue to adopt rules; authorizing the division to 38 issue and deliver a notice to cease and desist for 39 certain violations; providing that such notice does 40 not constitute agency action for which a certain 41 hearing may be sought; authorizing the division to 42 file certain proceedings; authorizing the collection 43 of attorney fees and costs under certain 44 circumstances; requiring an advertising platform to 45 adopt an antidiscrimination plan and to give notice to 46 users of its services; providing applicability; 47 providing effective dates. 48 49 50 Be It Enacted by the Legislature of the State of Florida: 51 52 Section 1. Subsection (17) is added to section 509.013, 53 Florida Statutes, to read: 54 509.013 Definitions.—As used in this chapter, the term: 55 (17) “Advertising platform” means a person who: 56 (a) Provides an online application, software, website, or 57 system through which a vacation rental located in this state is 58 advertised or held out to the public as available to rent for 59 transient occupancy; 60 (b) Provides or maintains a marketplace for the renting by 61 transient occupancy of a vacation rental; and 62 (c) Provides a reservation or payment system that 63 facilitates a transaction for the renting by transient occupancy 64 of a vacation rental and for which the person collects or 65 receives, directly or indirectly, a fee in connection with the 66 reservation or payment service provided for such transaction. 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) The regulation of public lodging establishments, 72 including vacation rentals, and public food service 73 establishments, including, but not limited to, sanitation 74 standards, licensing, inspections, training and testing of 75 personnel, and matters related to the nutritional content and 76 marketing of foods offered in such establishments, is expressly 77 preempted to the state. A local law, ordinance, or regulation, 78 may not allow or require the local inspection or licensing of 79 public lodging establishments, including vacation rentals, or 80 public food service establishments. This paragraph does not 81 preempt the authority of a local government or local enforcement 82 district to conduct inspections of public lodging and public 83 food service establishments for compliance with the Florida 84 Building Code and the Florida Fire Prevention Code, pursuant to 85 ss. 553.80 and 633.206. 86 (b) A local law, ordinance, or regulation may regulate 87 activities that arise when a property is used as a vacation 88 rental if the law, ordinance, or regulation applies uniformly to 89 all residential properties without regard to whether the 90 property is used as a vacation rental as defined in s. 509.242, 91 the property is used as a long-term rental subject to chapter 92 83, or the property owner chooses not to rent the property. 93 However, a local law, ordinance, or regulation may not prohibit 94
vacationrentals or regulate the duration or frequency of rental95 of vacationrentals. This paragraph does not apply to any local 96 law, ordinance, or regulation adopted on or before June 1, 2011, 97 including when such law, ordinance, or regulation is being 98 amended to be less restrictive with regard to a prohibition, or 99 duration, or frequency regulation. 100 (c) Paragraph (b) does not apply to any local law, 101 ordinance, or regulation exclusively relating to property 102 valuation as a criterion for vacation rental if the local law, 103 ordinance, or regulation is required to be approved by the state 104 land planning agency pursuant to an area of critical state 105 concern designation. 106 (d) The regulation of advertising platforms is preempted to 107 the state and shall be regulated under this chapter. 108 Section 3. Effective January 1, 2021, subsection (3) of 109 section 509.241, Florida Statutes, is amended to read: 110 509.241 Licenses required; exceptions.— 111 (3) DISPLAY OF LICENSE.—Any license issued by the division 112 must shallbe conspicuously displayed to the public inside in113 the office or lobby of thelicensed establishment. Public food 114 service establishments that whichoffer catering services must 115 shalldisplay their license number on all advertising for 116 catering services. The owner or operator of a vacation rental 117 offered for transient occupancy through an advertising platform 118 must also display the vacation rental license number and the 119 applicable Florida sales tax registration and tourist 120 development tax account numbers under which such taxes must be 121 paid for each rental of the property as a vacation rental. 122 Section 4. Effective January 1, 2021, section 509.243, 123 Florida Statutes, is created to read: 124 509.243 Advertising platforms.— 125 (1)(a) An advertising platform must require that a person 126 who places an advertisement for the rental of a vacation rental: 127 1. Include in the advertisement the vacation rental license 128 number and the applicable Florida sales tax registration and 129 tourist development tax account numbers under which such taxes 130 must be paid before the advertisement may be listed; and 131 2. Attest to the best of their knowledge that the license 132 number for the vacation rental property and the applicable tax 133 numbers are current, valid, and accurately stated in the 134 advertisement. 135 (b) An advertising platform must display the vacation 136 rental license number and applicable Florida sales tax 137 registration and tourist development tax numbers. The 138 advertising platform must verify that the vacation rental 139 license number provided by the owner or operator is valid and 140 applies to the subject vacation rental before publishing the 141 advertisement on its platform and again at the end of each 142 calendar quarter that the advertisement remains on its platform. 143 (c) The division shall maintain vacation rental license 144 information in a readily accessible electronic format that is 145 sufficient to facilitate prompt compliance with the requirements 146 of this subsection by an advertising platform or a person 147 placing an advertisement on an advertising platform for 148 transient rental of a vacation rental. 149 (2) An advertising platform must provide to the division on 150 a quarterly basis, by file transfer protocol or electronic data 151 exchange file, a list of all vacation rentals located in this 152 state that are advertised on its platform, along with the 153 following information for each vacation rental: 154 (a) The uniform resource locator for the Internet address 155 of the vacation rental advertisement. 156 (b) Unless otherwise stated in the vacation rental 157 advertisement at the Internet address provided pursuant to 158 paragraph (a), the physical address of the vacation rental, 159 including any unit designation, the vacation rental license 160 number provided by the owner or operator, and the applicable 161 Florida sales tax registration and tourist development tax 162 account numbers under which taxes will be remitted for the 163 rentals commenced through the advertisement. 164 (3) An advertising platform must remove from public view an 165 advertisement or listing from its online application, software, 166 website, or system within 15 business days after being notified 167 by the division in writing that the subject advertisement or 168 listing for the rental of a vacation rental located in this 169 state fails to display a valid license number issued by the 170 division. 171 (4) If a guest uses a payment system on or through an 172 advertising platform to pay for the rental of a vacation rental 173 located in this state, the advertising platform shall collect 174 and remit all taxes imposed under chapters 125 and 212 resulting 175 from the rental. When calculating taxes imposed under chapters 176 125 and 212, an advertising platform may exclude the amount of 177 any fees directly attributable to the service provided by the 178 advertising platform. The Department of Revenue is authorized to 179 adopt rules to implement this subsection. 180 (5) If the division has probable cause to believe that a 181 person not licensed by the division has violated this chapter, 182 or any rule adopted pursuant thereto, the division may issue and 183 deliver to such person a notice to cease and desist from the 184 violation. The issuance of a notice to cease and desist does not 185 constitute agency action for which a hearing under ss. 120.569 186 and 120.57 may be sought. For the purpose of enforcing a cease 187 and desist notice, the division may file a proceeding in the 188 name of the state seeking the issuance of an injunction or a 189 writ of mandamus against any person who violates any provision 190 of the notice. If the department is required to seek enforcement 191 of the notice for a penalty pursuant to s. 120.569, it is 192 entitled to collect its attorney fees and costs, together with 193 any cost of collection. 194 (6) Advertising platforms must adopt an antidiscrimination 195 plan in order to help prevent discrimination among its users and 196 must inform all users of their services that it is illegal to 197 refuse accommodation to an individual based on race, creed, 198 color, sex, pregnancy, physical disability, or national origin, 199 pursuant to s. 509.092. 200 Section 5. The application of this act shall not supersede 201 any current or future declaration or declaration of condominium 202 adopted pursuant to chapter 718, Florida Statutes, cooperative 203 documents adopted pursuant to chapter 719, Florida Statutes, or 204 declaration of covenants or declaration adopted pursuant to 205 chapter 720, Florida Statutes. 206 Section 6. Except as otherwise expressly provided in this 207 act, this act shall take effect upon becoming a law.