Florida Senate - 2012                                     SB 454
       
       
       
       By Senator Wise
       
       
       
       
       5-00438A-12                                            2012454__
    1                        A bill to be entitled                      
    2         An act relating to public lodging establishments;
    3         amending s. 509.013, F.S.; revising the definition of
    4         the term “public lodging establishment” to exclude
    5         certain apartment complexes designated primarily as
    6         housing for persons at least 55 years of age;
    7         providing an effective date.
    8  
    9  Be It Enacted by the Legislature of the State of Florida:
   10  
   11         Section 1. Subsection (4) of section 509.013, Florida
   12  Statutes, is amended to read:
   13         509.013 Definitions.—As used in this chapter, the term:
   14         (4)(a) “Public lodging establishment” includes a transient
   15  public lodging establishment as defined in subparagraph 1. and a
   16  nontransient public lodging establishment as defined in
   17  subparagraph 2.
   18         1. “Transient public lodging establishment” means any unit,
   19  group of units, dwelling, building, or group of buildings within
   20  a single complex of buildings which is rented to guests more
   21  than three times in a calendar year for periods of less than 30
   22  days or 1 calendar month, whichever is less, or which is
   23  advertised or held out to the public as a place regularly rented
   24  to guests.
   25         2. “Nontransient public lodging establishment” means any
   26  unit, group of units, dwelling, building, or group of buildings
   27  within a single complex of buildings which is rented to guests
   28  for periods of at least 30 days or 1 calendar month, whichever
   29  is less, or which is advertised or held out to the public as a
   30  place regularly rented to guests for periods of at least 30 days
   31  or 1 calendar month.
   32  
   33  License classifications of public lodging establishments, and
   34  the definitions therefor, are set out in s. 509.242. For the
   35  purpose of licensure, the term does not include condominium
   36  common elements as defined in s. 718.103.
   37         (b) The following are excluded from the definitions in
   38  paragraph (a):
   39         1. Any dormitory or other living or sleeping facility
   40  maintained by a public or private school, college, or university
   41  for the use of students, faculty, or visitors.;
   42         2. Any facility certified or licensed and regulated by the
   43  Agency for Health Care Administration or the Department of
   44  Children and Family Services or other similar place regulated
   45  under s. 381.0072.;
   46         3. Any place renting four rental units or less, unless the
   47  rental units are advertised or held out to the public to be
   48  places that are regularly rented to transients.;
   49         4. Any unit or group of units in a condominium,
   50  cooperative, or timeshare plan and any individually or
   51  collectively owned one-family, two-family, three-family, or
   52  four-family dwelling house or dwelling unit that is rented for
   53  periods of at least 30 days or 1 calendar month, whichever is
   54  less, and that is not advertised or held out to the public as a
   55  place regularly rented for periods of less than 1 calendar
   56  month, provided that no more than four rental units within a
   57  single complex of buildings are available for rent.;
   58         5. Any migrant labor camp or residential migrant housing
   59  permitted by the Department of Health under ss. 381.008
   60  381.00895.;
   61         6. Any establishment inspected by the Department of Health
   62  and regulated by chapter 513.; and
   63         7. Any nonprofit organization that operates a facility
   64  providing housing only to patients, patients’ families, and
   65  patients’ caregivers and not to the general public.
   66         8. Any apartment complex inspected by the United States
   67  Department of Housing and Urban Development or other entity
   68  acting on the department’s behalf that is designated primarily
   69  as housing for persons at least 55 years of age.
   70         Section 2. This act shall take effect upon becoming a law.