Florida Senate - 2011                                     SB 476
       
       
       
       By Senator Evers
       
       
       
       
       2-00687-11                                             2011476__
    1                        A bill to be entitled                      
    2         An act relating to public lodging establishments;
    3         amending s. 509.013, F.S.; revising definitions;
    4         amending s. 509.032, F.S.; conforming provisions to
    5         changes made by the act; providing that vacation
    6         rentals are residential property for purposes of
    7         provisions related to the treatment of such
    8         properties; amending s. 509.101, F.S.; requiring that
    9         the operator of a vacation rental retain any advance
   10         payment or deposit made for the vacation rental until
   11         the occupancy begins or is cancelled; amending s.
   12         509.221, F.S.; clarifying that vacation rentals are
   13         exempt from certain sanitary rules; amending s.
   14         509.241, F.S.; clarifying an exemption from licensure
   15         for condominium associations that do not own vacation
   16         rentals; amending s. 509.242, F.S.; providing that
   17         public lodging establishments formerly classified as
   18         resort condominiums and resort dwellings are
   19         classified as vacation rentals and defining the term
   20         “vacation rental”; amending s. 509.251, F.S., relating
   21         to license fees; conforming provisions to changes made
   22         by the act; deleting an obsolete provision; amending
   23         s. 509.291, F.S.; increasing the membership of an
   24         advisory council to the Division of Hotels and
   25         Restaurants of the Department of Business and
   26         Professional Regulation; providing for the Florida
   27         Vacation Rental Managers Association to appoint a
   28         member to the advisory council; providing an effective
   29         date.
   30  
   31  Be It Enacted by the Legislature of the State of Florida:
   32  
   33         Section 1. Paragraph (a) of subsection (4) of section
   34  509.013, Florida Statutes, is amended to read:
   35         509.013 Definitions.—As used in this chapter, the term:
   36         (4)(a) “Public lodging establishment” includes a transient
   37  public lodging establishment as defined in subparagraph 1. and a
   38  nontransient public lodging establishment as defined in
   39  subparagraph 2.
   40         1. “Transient public lodging establishment” means any unit,
   41  group of units, dwelling, building, or group of buildings within
   42  a single complex of buildings which is rented to guests more
   43  than three times in a calendar year for a period of less than
   44  181 periods of less than 30 days or 1 calendar month, whichever
   45  is less, or which is advertised or held out to the public as a
   46  place regularly rented to guests.
   47         2. “Nontransient public lodging establishment” means any
   48  unit, group of units, dwelling, building, or group of buildings
   49  within a single complex of buildings which is rented to guests
   50  for periods of at least 181 30 days or 1 calendar month,
   51  whichever is less, or which is advertised or held out to the
   52  public as a place regularly rented to guests for periods of at
   53  least 181 30 days or 1 calendar month.
   54  
   55  License classifications of public lodging establishments, and
   56  the definitions therefor, are set out in s. 509.242. For the
   57  purpose of licensure, the term does not include condominium
   58  common elements as defined in s. 718.103.
   59         Section 2. Paragraph (a) of subsection (2) and subsection
   60  (7) of section 509.032, Florida Statutes, are amended to read:
   61         509.032 Duties.—
   62         (2) INSPECTION OF PREMISES.—
   63         (a) The division has responsibility and jurisdiction for
   64  all inspections required by this chapter. The division has
   65  responsibility for quality assurance. Each licensed
   66  establishment shall be inspected at least biannually, except for
   67  transient and nontransient apartments, which shall be inspected
   68  at least annually, and shall be inspected at such other times as
   69  the division determines is necessary to ensure the public’s
   70  health, safety, and welfare. The division shall establish a
   71  system to determine inspection frequency. Public lodging units
   72  classified as vacation rentals resort condominiums or resort
   73  dwellings are not subject to this requirement, but shall be made
   74  available to the division upon request. If, during the
   75  inspection of a public lodging establishment classified for
   76  renting to transient or nontransient tenants, an inspector
   77  identifies vulnerable adults who appear to be victims of
   78  neglect, as defined in s. 415.102, or, in the case of a building
   79  that is not equipped with automatic sprinkler systems, tenants
   80  or clients who may be unable to self-preserve in an emergency,
   81  the division shall convene meetings with the following agencies
   82  as appropriate to the individual situation: the Department of
   83  Health, the Department of Elderly Affairs, the area agency on
   84  aging, the local fire marshal, the landlord and affected tenants
   85  and clients, and other relevant organizations, to develop a plan
   86  which improves the prospects for safety of affected residents
   87  and, if necessary, identifies alternative living arrangements
   88  such as facilities licensed under part II of chapter 400 or
   89  under chapter 429.
   90         (7) PREEMPTION AUTHORITY.—
   91         (a) The regulation of public lodging establishments and
   92  public food service establishments, including, but not limited
   93  to, the inspection of public lodging establishments and public
   94  food service establishments for compliance with the sanitation
   95  standards adopted under this section, and the regulation of food
   96  safety protection standards for required training and testing of
   97  food service establishment personnel are preempted to the state.
   98  This subsection does not preempt the authority of a local
   99  government or local enforcement district to conduct inspections
  100  of public lodging and public food service establishments for
  101  compliance with the Florida Building Code and the Florida Fire
  102  Prevention Code, pursuant to ss. 553.80 and 633.022.
  103         (b) Notwithstanding any other provision of law to the
  104  contrary, vacation rentals, as defined in s. 509.242(1)(c), are
  105  deemed residential property and may not be prohibited or treated
  106  differently than other residential properties based solely on
  107  their classification, use, or occupancy.
  108         Section 3. Present subsection (3) of section 509.101,
  109  Florida Statutes, is renumbered as subsection (4), and a new
  110  subsection (3) is added to that section, to read:
  111         509.101 Establishment rules; posting of notice; food
  112  service inspection report; maintenance of guest register; mobile
  113  food dispensing vehicle registry.—
  114         (3) It is the duty of each operator of a vacation rental,
  115  as defined in s. 509.242(1)(c), to retain any advance payment or
  116  deposit paid by a guest until the occupancy begins or is
  117  cancelled pursuant to any rental agreement or the operator’s
  118  cancellation rules.
  119         Section 4. Subsection (9) of section 509.221, Florida
  120  Statutes, is amended to read:
  121         509.221 Sanitary regulations.—
  122         (9) Subsections (2), (5), and (6) do not apply to any
  123  facility or unit classified as a vacation rental or resort
  124  condominium, nontransient apartment, or resort dwelling as
  125  described in s. 509.242(1)(c), (d), and (g).
  126         Section 5. Subsection (2) of section 509.241, Florida
  127  Statutes, is amended to read:
  128         509.241 Licenses required; exceptions.—
  129         (2) APPLICATION FOR LICENSE.—Each person who plans to open
  130  a public lodging establishment or a public food service
  131  establishment shall apply for and receive a license from the
  132  division prior to the commencement of operation. A condominium
  133  association, as defined in s. 718.103, which does not own any
  134  units classified as vacation rentals resort condominiums under
  135  s. 509.242(1)(c) is shall not be required to apply for or
  136  receive a public lodging establishment license.
  137         Section 6. Subsection (1) of section 509.242, Florida
  138  Statutes, is amended to read:
  139         509.242 Public lodging establishments; classifications.—
  140         (1) A public lodging establishment shall be classified as a
  141  hotel, motel, resort condominium, nontransient apartment,
  142  transient apartment, roominghouse, bed and breakfast inn, or
  143  vacation rental resort dwelling if the establishment satisfies
  144  the following criteria:
  145         (a) Hotel.—A hotel is any public lodging establishment
  146  containing sleeping room accommodations for 25 or more guests
  147  and providing the services generally provided by a hotel and
  148  recognized as a hotel in the community in which it is situated
  149  or by the industry.
  150         (b) Motel.—A motel is any public lodging establishment
  151  which offers rental units with an exit to the outside of each
  152  rental unit, daily or weekly rates, offstreet parking for each
  153  unit, a central office on the property with specified hours of
  154  operation, a bathroom or connecting bathroom for each rental
  155  unit, and at least six rental units, and which is recognized as
  156  a motel in the community in which it is situated or by the
  157  industry.
  158         (c) Vacation rental Resort condominium.A vacation rental
  159  is any unit or group of units in a condominium, cooperative, or
  160  timeshare plan or any individually or collectively owned single
  161  family, two-family, three-family, or four-family dwelling house
  162  or dwelling unit that is also a transient public lodging
  163  establishment. A resort condominium is any unit or group of
  164  units in a condominium, cooperative, or timeshare plan which is
  165  rented more than three times in a calendar year for periods of
  166  less than 30 days or 1 calendar month, whichever is less, or
  167  which is advertised or held out to the public as a place
  168  regularly rented for periods of less than 30 days or 1 calendar
  169  month, whichever is less.
  170         (d) Nontransient apartment or roominghouse.—A nontransient
  171  apartment or roominghouse is a building or complex of buildings
  172  in which 75 percent or more of the units are available for rent
  173  to nontransient tenants.
  174         (e) Transient apartment or roominghouse.—A transient
  175  apartment or roominghouse is a building or complex of buildings
  176  in which more than 25 percent of the units are advertised or
  177  held out to the public as available for transient occupancy.
  178         (f) Roominghouse.—A roominghouse is any public lodging
  179  establishment that may not be classified as a hotel, motel,
  180  resort condominium, nontransient apartment, bed and breakfast
  181  inn, or transient apartment under this section. A roominghouse
  182  includes, but is not limited to, a boardinghouse.
  183         (g) Resort dwelling.—A resort dwelling is any individually
  184  or collectively owned one-family, two-family, three-family, or
  185  four-family dwelling house or dwelling unit which is rented more
  186  than three times in a calendar year for periods of less than 30
  187  days or 1 calendar month, whichever is less, or which is
  188  advertised or held out to the public as a place regularly rented
  189  for periods of less than 30 days or 1 calendar month, whichever
  190  is less.
  191         (g)(h)Bed and breakfast inn.—A bed and breakfast inn is a
  192  family home structure, with no more than 15 sleeping rooms,
  193  which has been modified to serve as a transient public lodging
  194  establishment, which provides the accommodation and meal
  195  services generally offered by a bed and breakfast inn, and which
  196  is recognized as a bed and breakfast inn in the community in
  197  which it is situated or by the hospitality industry.
  198         Section 7. Subsection (1) of section 509.251, Florida
  199  Statutes, is amended to read:
  200         509.251 License fees.—
  201         (1) The division shall adopt, by rule, a schedule of fees
  202  to be paid by each public lodging establishment as a
  203  prerequisite to issuance or renewal of a license. Such fees
  204  shall be based on the number of rental units in the
  205  establishment. The aggregate fee per establishment charged any
  206  public lodging establishment shall not exceed $1,000; however,
  207  the fees described in paragraphs (a) and (b) may not be included
  208  as part of the aggregate fee subject to this cap. Vacation
  209  rental Resort condominium units within separate buildings or at
  210  separate locations but managed by one licensed agent may be
  211  combined in a single license application, and the division shall
  212  charge a license fee as if all units in the application are in a
  213  single licensed establishment. Resort dwelling units may be
  214  licensed in the same manner as condominium units. The fee
  215  schedule shall require an establishment which applies for an
  216  initial license to pay the full license fee if application is
  217  made during the annual renewal period or more than 6 months
  218  prior to the next such renewal period and one-half of the fee if
  219  application is made 6 months or less prior to such period. The
  220  fee schedule shall include fees collected for the purpose of
  221  funding the Hospitality Education Program, pursuant to s.
  222  509.302, which are payable in full for each application
  223  regardless of when the application is submitted.
  224         (a) Upon making initial application or an application for
  225  change of ownership, the applicant shall pay to the division a
  226  fee as prescribed by rule, not to exceed $50, in addition to any
  227  other fees required by law, which shall cover all costs
  228  associated with initiating regulation of the establishment.
  229         (b) A license renewal filed with the division within 30
  230  days after the expiration date shall be accompanied by a
  231  delinquent fee as prescribed by rule, not to exceed $50, in
  232  addition to the renewal fee and any other fees required by law.
  233  A license renewal filed with the division more than 30 but not
  234  more than 60 days after the expiration date shall be accompanied
  235  by a delinquent fee as prescribed by rule, not to exceed $100,
  236  in addition to the renewal fee and any other fees required by
  237  law.
  238         Section 8. Subsection (1) of section 509.291, Florida
  239  Statutes, is amended to read:
  240         509.291 Advisory council.—
  241         (1) There is created an 11-member a 10-member advisory
  242  council.
  243         (a) The Secretary of Business and Professional Regulation
  244  shall appoint seven voting members to the advisory council. Each
  245  member appointed by the secretary must be an operator of an
  246  establishment licensed under this chapter and shall represent
  247  the industries regulated by the division, except that one member
  248  appointed by the secretary must be a layperson representing the
  249  general public and one member must be a hospitality education
  250  administrator from an institution of higher education of this
  251  state. Such members of the council shall serve staggered terms
  252  of 4 years.
  253         (b) The Florida Restaurant and Lodging Association shall
  254  designate one representative to serve as a voting member of the
  255  council. The Florida Vacation Rental Managers Association shall
  256  designate one representative to serve as a voting member of the
  257  council. The Florida Apartment Association and the Florida
  258  Association of Realtors shall each designate one representative
  259  to serve as a voting member of the council.
  260         (c) Any member who fails to attend three consecutive
  261  council meetings without good cause may be removed from the
  262  council by the secretary.
  263         Section 9. This act shall take effect July 1, 2011.