Florida Senate - 2012 CS for SB 454
By the Committee on Commerce and Tourism; and Senator Wise
577-03522-12 2012454c1
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 62 years of age;
7 providing that the Department of Business and
8 Professional Regulation may require written
9 attestation from the operator of the establishment
10 that the apartment meets specified criteria;
11 authorizing the Division of Hotels and Restaurants to
12 adopt rules; providing an effective date.
13
14 Be It Enacted by the Legislature of the State of Florida:
15
16 Section 1. Subsection (4) of section 509.013, Florida
17 Statutes, is amended to read:
18 509.013 Definitions.—As used in this chapter, the term:
19 (4)(a) “Public lodging establishment” includes a transient
20 public lodging establishment as defined in subparagraph 1. and a
21 nontransient public lodging establishment as defined in
22 subparagraph 2.
23 1. “Transient public lodging establishment” means any unit,
24 group of units, dwelling, building, or group of buildings within
25 a single complex of buildings which is rented to guests more
26 than three times in a calendar year for periods of less than 30
27 days or 1 calendar month, whichever is less, or which is
28 advertised or held out to the public as a place regularly rented
29 to guests.
30 2. “Nontransient public lodging establishment” means any
31 unit, group of units, dwelling, building, or group of buildings
32 within a single complex of buildings which is rented to guests
33 for periods of at least 30 days or 1 calendar month, whichever
34 is less, or which is advertised or held out to the public as a
35 place regularly rented to guests for periods of at least 30 days
36 or 1 calendar month.
37
38 License classifications of public lodging establishments, and
39 the definitions therefor, are set out in s. 509.242. For the
40 purpose of licensure, the term does not include condominium
41 common elements as defined in s. 718.103.
42 (b) The following are excluded from the definitions in
43 paragraph (a):
44 1. Any dormitory or other living or sleeping facility
45 maintained by a public or private school, college, or university
46 for the use of students, faculty, or visitors.;
47 2. Any facility certified or licensed and regulated by the
48 Agency for Health Care Administration or the Department of
49 Children and Family Services or other similar place regulated
50 under s. 381.0072.;
51 3. Any place renting four rental units or less, unless the
52 rental units are advertised or held out to the public to be
53 places that are regularly rented to transients.;
54 4. Any unit or group of units in a condominium,
55 cooperative, or timeshare plan and any individually or
56 collectively owned one-family, two-family, three-family, or
57 four-family dwelling house or dwelling unit that is rented for
58 periods of at least 30 days or 1 calendar month, whichever is
59 less, and that is not advertised or held out to the public as a
60 place regularly rented for periods of less than 1 calendar
61 month, provided that no more than four rental units within a
62 single complex of buildings are available for rent.;
63 5. Any migrant labor camp or residential migrant housing
64 permitted by the Department of Health under ss. 381.008
65 381.00895.;
66 6. Any establishment inspected by the Department of Health
67 and regulated by chapter 513.; and
68 7. Any nonprofit organization that operates a facility
69 providing housing only to patients, patients’ families, and
70 patients’ caregivers and not to the general public.
71 8. Any apartment building inspected by the United States
72 Department of Housing and Urban Development or other entity
73 acting on the department’s behalf which is designated primarily
74 as housing for persons at least 62 years of age. The division
75 may require the operator of the establishment to attest in
76 writing that the apartment meets the criteria in this
77 subparagraph. The division may adopt rules to implement this
78 exclusion.
79 Section 2. This act shall take effect October 1, 2012.