Bill Text: FL S1988 | 2021 | Regular Session | Introduced
Bill Title: Vacation Rentals
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Failed) 2021-04-30 - Died in Regulated Industries [S1988 Detail]
Download: Florida-2021-S1988-Introduced.html
Florida Senate - 2021 SB 1988 By Senator Pizzo 38-01669A-21 20211988__ 1 A bill to be entitled 2 An act relating to vacation rentals; amending s. 3 509.032, F.S.; authorizing local governmental entities 4 to adopt and apply certain regulations and ordinances 5 to vacation rentals under certain circumstances; 6 providing exceptions; amending s. 509.241, F.S.; 7 requiring an applicant for a vacation rental license 8 to provide the Division of Hotels and Restaurants of 9 the Department of Business and Professional Regulation 10 with certain information; providing an effective date. 11 12 Be It Enacted by the Legislature of the State of Florida: 13 14 Section 1. Paragraph (b) of subsection (7) of section 15 509.032, Florida Statutes, is amended to read: 16 509.032 Duties.— 17 (7) PREEMPTION AUTHORITY.— 18 (b) A local law, ordinance, or regulation may not prohibit 19 the siting of vacation rentals or regulate the duration or 20 frequency of rental of vacation rentals. However, a county or 21 municipality may adopt and apply zoning regulations, land 22 development regulations, or other ordinances to vacation 23 rentals, so long as such requirements do not have the effect of 24 prohibiting the siting of vacation rentals within the county or 25 municipality. The prohibitions imposed by this paragraph do.26This paragraph doesnot apply to any local law, ordinance, or 27 regulation adopted on or before June 1, 2011, including when 28 such law, ordinance, or regulation is being amended. 29 Section 2. Subsection (2) of section 509.241, Florida 30 Statutes, is amended to read: 31 509.241 Licenses required; exceptions.— 32 (2) APPLICATION FOR LICENSE.—Each person who plans to open 33 a public lodging establishment or a public food service 34 establishment shall apply for and receive a license from the 35 division beforeprior tothe commencement of operation. 36 (a) A condominium association, as defined in s. 718.103, 37 which does not own any units classified as vacation rentals or 38 timeshare projects under s. 509.242(1)(c) or (g) is not required 39 to apply for or receive a public lodging establishment license. 40 (b) An applicant for a license for a vacation rental must 41 provide the division with all of the following information: 42 1. Proof of inspection and compliance with county, 43 municipal, building, zoning, and firesafety codes reflecting a 44 change in use from a single-family or multi-family residential 45 dwelling to a transient public lodging establishment. 46 2. Proof that the underlying homeowner’s insurance policy 47 allows the structure to be used as a transient public lodging 48 establishment. 49 3. A signed affidavit from the chief executive of the 50 municipality, or the county if the property is in an 51 unincorporated area, where the property is located confirming 52 that operating a vacation rental at that address is allowed. 53 4. If the property owner has an underlying commercial 54 mortgage, proof that the commercial mortgage is not in conflict 55 with any prohibitions related to commercial activity in single 56 family or multi-family residential zones. 57 Section 3. This act shall take effect July 1, 2021.