Florida Senate - 2011 COMMITTEE AMENDMENT
Bill No. SB 476
Barcode 501282
LEGISLATIVE ACTION
Senate . House
Comm: RCS .
03/22/2011 .
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The Committee on Regulated Industries (Norman) recommended the
following:
1 Senate Amendment (with title amendment)
2
3 Delete everything after the enacting clause
4 and insert:
5 Section 1. Paragraph (a) of subsection (2) and subsection
6 (7) of section 509.032, Florida Statutes, are amended to read:
7 509.032 Duties.—
8 (2) INSPECTION OF PREMISES.—
9 (a) The division has responsibility and jurisdiction for
10 all inspections required by this chapter. The division has
11 responsibility for quality assurance. Each licensed
12 establishment shall be inspected at least biannually, except for
13 transient and nontransient apartments, which shall be inspected
14 at least annually, and shall be inspected at such other times as
15 the division determines is necessary to ensure the public’s
16 health, safety, and welfare. The division shall establish a
17 system to determine inspection frequency. Public lodging units
18 classified as vacation rentals resort condominiums or resort
19 dwellings are not subject to this requirement, but shall be made
20 available to the division upon request. If, during the
21 inspection of a public lodging establishment classified for
22 renting to transient or nontransient tenants, an inspector
23 identifies vulnerable adults who appear to be victims of
24 neglect, as defined in s. 415.102, or, in the case of a building
25 that is not equipped with automatic sprinkler systems, tenants
26 or clients who may be unable to self-preserve in an emergency,
27 the division shall convene meetings with the following agencies
28 as appropriate to the individual situation: the Department of
29 Health, the Department of Elderly Affairs, the area agency on
30 aging, the local fire marshal, the landlord and affected tenants
31 and clients, and other relevant organizations, to develop a plan
32 which improves the prospects for safety of affected residents
33 and, if necessary, identifies alternative living arrangements
34 such as facilities licensed under part II of chapter 400 or
35 under chapter 429.
36 (7) PREEMPTION AUTHORITY.—
37 (a) The regulation of public lodging establishments and
38 public food service establishments, including, but not limited
39 to, the inspection of public lodging establishments and public
40 food service establishments for compliance with the sanitation
41 standards adopted under this section, and the regulation of food
42 safety protection standards for required training and testing of
43 food service establishment personnel are preempted to the state.
44 This paragraph subsection does not preempt the authority of a
45 local government or local enforcement district to conduct
46 inspections of public lodging and public food service
47 establishments for compliance with the Florida Building Code and
48 the Florida Fire Prevention Code, pursuant to ss. 553.80 and
49 633.022.
50 (b) Notwithstanding any local law, ordinance, or
51 regulation, a vacation rental, as described in s. 509.242(1)(c),
52 is deemed residential property and may not be prohibited or
53 treated differently than other residential property based solely
54 on its classification, use, or occupancy.
55 Section 2. Subsection (9) of section 509.221, Florida
56 Statutes, is amended to read:
57 509.221 Sanitary regulations.—
58 (9) Subsections (2), (5), and (6) do not apply to any
59 facility or unit classified as a vacation rental or resort
60 condominium, nontransient apartment, or resort dwelling as
61 described in s. 509.242(1)(c) and, (d), and (g).
62 Section 3. Subsection (2) of section 509.241, Florida
63 Statutes, is amended to read:
64 509.241 Licenses required; exceptions.—
65 (2) APPLICATION FOR LICENSE.—Each person who plans to open
66 a public lodging establishment or a public food service
67 establishment shall apply for and receive a license from the
68 division prior to the commencement of operation. A condominium
69 association, as defined in s. 718.103, which does not own any
70 units classified as vacation rentals resort condominiums under
71 s. 509.242(1)(c) is shall not be required to apply for or
72 receive a public lodging establishment license.
73 Section 4. Subsection (1) of section 509.242, Florida
74 Statutes, is amended to read:
75 509.242 Public lodging establishments; classifications.—
76 (1) A public lodging establishment shall be classified as a
77 hotel, motel, resort condominium, nontransient apartment,
78 transient apartment, roominghouse, bed and breakfast inn, or
79 vacation rental resort dwelling if the establishment satisfies
80 the following criteria:
81 (a) Hotel.—A hotel is any public lodging establishment
82 containing sleeping room accommodations for 25 or more guests
83 and providing the services generally provided by a hotel and
84 recognized as a hotel in the community in which it is situated
85 or by the industry.
86 (b) Motel.—A motel is any public lodging establishment
87 which offers rental units with an exit to the outside of each
88 rental unit, daily or weekly rates, offstreet parking for each
89 unit, a central office on the property with specified hours of
90 operation, a bathroom or connecting bathroom for each rental
91 unit, and at least six rental units, and which is recognized as
92 a motel in the community in which it is situated or by the
93 industry.
94 (c) Vacation rental Resort condominium.—A vacation rental
95 resort condominium is any unit or group of units in a
96 condominium, cooperative, or timeshare plan or any individually
97 or collectively owned single-family, two-family, or four-family
98 house or dwelling unit that is also a transient public lodging
99 establishment which is rented more than three times in a
100 calendar year for periods of less than 30 days or 1 calendar
101 month, whichever is less, or which is advertised or held out to
102 the public as a place regularly rented for periods of less than
103 30 days or 1 calendar month, whichever is less.
104 (d) Nontransient apartment or roominghouse.—A nontransient
105 apartment or roominghouse is a building or complex of buildings
106 in which 75 percent or more of the units are available for rent
107 to nontransient tenants.
108 (e) Transient apartment or roominghouse.—A transient
109 apartment or roominghouse is a building or complex of buildings
110 in which more than 25 percent of the units are advertised or
111 held out to the public as available for transient occupancy.
112 (f) Roominghouse.—A roominghouse is any public lodging
113 establishment that may not be classified as a hotel, motel,
114 resort condominium, nontransient apartment, bed and breakfast
115 inn, vacation rental, or transient apartment under this section.
116 A roominghouse includes, but is not limited to, a boardinghouse.
117 (g) Resort dwelling.—A resort dwelling is any individually
118 or collectively owned one-family, two-family, three-family, or
119 four-family dwelling house or dwelling unit which is rented more
120 than three times in a calendar year for periods of less than 30
121 days or 1 calendar month, whichever is less, or which is
122 advertised or held out to the public as a place regularly rented
123 for periods of less than 30 days or 1 calendar month, whichever
124 is less.
125 (g)(h) Bed and breakfast inn.—A bed and breakfast inn is a
126 family home structure, with no more than 15 sleeping rooms,
127 which has been modified to serve as a transient public lodging
128 establishment, which provides the accommodation and meal
129 services generally offered by a bed and breakfast inn, and which
130 is recognized as a bed and breakfast inn in the community in
131 which it is situated or by the hospitality industry.
132 Section 5. Subsection (1) of section 509.251, Florida
133 Statutes, is amended to read:
134 509.251 License fees.—
135 (1) The division shall adopt, by rule, a schedule of fees
136 to be paid by each public lodging establishment as a
137 prerequisite to issuance or renewal of a license. Such fees
138 shall be based on the number of rental units in the
139 establishment. The aggregate fee per establishment charged any
140 public lodging establishment shall not exceed $1,000; however,
141 the fees described in paragraphs (a) and (b) may not be included
142 as part of the aggregate fee subject to this cap. Vacation
143 rental Resort condominium units within separate buildings or at
144 separate locations but managed by one licensed agent may be
145 combined in a single license application, and the division shall
146 charge a license fee as if all units in the application are in a
147 single licensed establishment. Resort dwelling units may be
148 licensed in the same manner as condominium units. The fee
149 schedule shall require an establishment which applies for an
150 initial license to pay the full license fee if application is
151 made during the annual renewal period or more than 6 months
152 prior to the next such renewal period and one-half of the fee if
153 application is made 6 months or less prior to such period. The
154 fee schedule shall include fees collected for the purpose of
155 funding the Hospitality Education Program, pursuant to s.
156 509.302, which are payable in full for each application
157 regardless of when the application is submitted.
158 (a) Upon making initial application or an application for
159 change of ownership, the applicant shall pay to the division a
160 fee as prescribed by rule, not to exceed $50, in addition to any
161 other fees required by law, which shall cover all costs
162 associated with initiating regulation of the establishment.
163 (b) A license renewal filed with the division within 30
164 days after the expiration date shall be accompanied by a
165 delinquent fee as prescribed by rule, not to exceed $50, in
166 addition to the renewal fee and any other fees required by law.
167 A license renewal filed with the division more than 30 but not
168 more than 60 days after the expiration date shall be accompanied
169 by a delinquent fee as prescribed by rule, not to exceed $100,
170 in addition to the renewal fee and any other fees required by
171 law.
172 Section 6. Subsection (1) of section 509.291, Florida
173 Statutes, is amended to read:
174 509.291 Advisory council.—
175 (1) There is created a 10-member advisory council.
176 (a) The Secretary of Business and Professional Regulation
177 shall appoint six seven voting members to the advisory council.
178 Each member appointed by the secretary must be an operator of an
179 establishment licensed under this chapter and shall represent
180 the industries regulated by the division, except that one member
181 appointed by the secretary must be a layperson representing the
182 general public and one member must be a hospitality education
183 administrator from an institution of higher education of this
184 state. Such members of the council shall serve staggered terms
185 of 4 years.
186 (b) The Florida Restaurant and Lodging Association shall
187 designate one representative to serve as a voting member of the
188 council. The Florida Vacation Rental Managers Association shall
189 designate one representative to serve as a voting member of the
190 council. The Florida Apartment Association and the Florida
191 Association of Realtors shall each designate one representative
192 to serve as a voting member of the council.
193 (c) Any member who fails to attend three consecutive
194 council meetings without good cause may be removed from the
195 council by the secretary.
196 Section 7. Paragraph (c) of subsection (8) of section
197 381.008, Florida Statutes, is amended to read:
198 381.008 Definitions of terms used in ss. 381.008
199 381.00897.—As used in ss. 381.008-381.00897, the following words
200 and phrases mean:
201 (8) “Residential migrant housing”—A building, structure,
202 mobile home, barracks, or dormitory, and any combination thereof
203 on adjacent property which is under the same ownership,
204 management, or control, and the land appertaining thereto, that
205 is rented or reserved for occupancy by five or more seasonal or
206 migrant farmworkers, except:
207 (c) A hotel or, motel, or resort condominium, as described
208 defined in chapter 509, that is furnished for transient
209 occupancy.
210 Section 8. Subsection (4) of section 386.203, Florida
211 Statutes, is amended to read:
212 386.203 Definitions.—As used in this part:
213 (4) “Designated smoking guest rooms at public lodging
214 establishments” means the sleeping rooms and directly associated
215 private areas, such as bathrooms, living rooms, and kitchen
216 areas, if any, rented to guests for their exclusive transient
217 occupancy in public lodging establishments, including hotels,
218 motels, vacation rentals resort condominiums, transient
219 apartments, transient lodging establishments, rooming houses,
220 boarding houses, resort dwellings, bed and breakfast inns, and
221 the like; and designated by the person or persons having
222 management authority over such public lodging establishment as
223 rooms in which smoking may be permitted.
224 Section 9. This act shall take effect July 1, 2011.
225
226 ================= T I T L E A M E N D M E N T ================
227 And the title is amended as follows:
228 Delete everything before the enacting clause
229 and insert:
230 A bill to be entitled
231 An act relating to public lodging establishments;
232 amending s. 509.032, F.S.; conforming provisions to
233 changes made by the act; providing that vacation
234 rentals are residential property for purposes of
235 provisions related to the treatment of such
236 properties; amending ss. 509.221 and 509.241, F.S.;
237 conforming provisions to changes made by the act;
238 amending s. 509.242, F.S.; providing that public
239 lodging establishments formerly classified as resort
240 condominiums and resort dwellings are classified as
241 vacation rentals; defining the term “vacation rental”;
242 amending s. 509.251, F.S.; conforming provisions to
243 changes made by the act; amending s. 509.291, F.S.;
244 revising membership of the advisory council of the
245 Division of Hotels and Restaurants of the Department
246 of Business and Professional Regulation; requiring the
247 Florida Vacation Rental Managers Association to
248 designate a member to serve on the advisory council;
249 amending ss. 381.008 and 386.203, F.S.; conforming
250 provisions to changes made by the act; providing an
251 effective date.