Florida Senate - 2018                        COMMITTEE AMENDMENT
       Bill No. PCS (660498) for SB 1400
       
       
       
       
       
       
                                Ì767560/Î767560                         
       
                              LEGISLATIVE ACTION                        
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       The Committee on Community Affairs (Simmons) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete lines 109 - 1146
    4  and insert:
    5         509.603 Legislative purpose; preemption of subject matter;
    6  duties.—
    7         (1)This part is created for the purpose of regulating the
    8  factors unique to vacation rentals. The applicable provisions of
    9  part I of this chapter are hereby deemed incorporated into this
   10  part.
   11         (2) All regulation of vacation rentals is preempted to the
   12  state unless otherwise provided for in this chapter.
   13         (3)The division has the authority to carry out this
   14  chapter.
   15         (4)The division shall adopt rules pursuant to ss.
   16  120.536(1) and 120.54 to implement this part.
   17         (5) If any provision of this part is held invalid, it is
   18  the legislative intent that the preemption by this section be no
   19  longer applicable to the provision of the part held invalid.
   20         Section 4. Section 509.604, Florida Statutes, is created to
   21  read:
   22         509.604 Licenses required; exceptions.—
   23         (1)LICENSES; ANNUAL RENEWALS.—Each vacation rental shall
   24  obtain a license from the division. Such license may not be
   25  transferred from one place or individual to another. It shall be
   26  a misdemeanor of the second degree, punishable as provided in s.
   27  775.082 or s. 775.083, for such a rental to operate without a
   28  license. Local law enforcement shall provide immediate
   29  assistance in pursuing an illegally operating vacation rental.
   30  The division may refuse to issue a license, or a renewal
   31  thereof, to any vacation rental of an operator of which, within
   32  the preceding 5 years, has been adjudicated guilty of, or has
   33  forfeited a bond when charged with, any crime reflecting on
   34  professional character, including soliciting for prostitution,
   35  pandering, letting premises for prostitution, keeping a
   36  disorderly place, or illegally dealing in controlled substances
   37  as defined in chapter 893, whether in this state or in any other
   38  jurisdiction within the United States, or has had a license
   39  denied, revoked, or suspended pursuant to s. 429.14. Licenses
   40  must be renewed annually, and the division shall adopt a rule
   41  establishing a staggered schedule for license renewals. If any
   42  license expires while administrative charges are pending against
   43  the license, the proceedings against the license shall continue
   44  to conclusion as if the license were still in effect.
   45         (2)APPLICATION FOR LICENSE.—Each person intending to use
   46  his or her property as a vacation rental must apply for and
   47  receive a license from the division before the commencement of
   48  such use.
   49         (3)DISPLAY OF LICENSE.—Any license issued by the division
   50  must be conspicuously displayed in the vacation rental, and the
   51  vacation rental’s license number must be displayed in all rental
   52  listings or advertisements.
   53         Section 5. Section 509.605, Florida Statutes, is created to
   54  read:
   55         509.605 License fees.—
   56         (1)The division shall adopt by rule a fee to be paid by
   57  the operator of each vacation rental as a prerequisite to
   58  issuance or renewal of a license. Vacation rental units within
   59  separate buildings or at separate locations but managed by one
   60  operator may be combined in a single license application, and
   61  the division shall charge a license fee as if all units in the
   62  application are a single vacation rental; however, such fee may
   63  not exceed $1,000. The division may only issue a license for a
   64  maximum of 75 units under one license. The rule must require a
   65  vacation rental that applies for an initial license to pay the
   66  full license fee if application is made during the annual
   67  renewal period or more than 6 months before the next such
   68  renewal period and one-half of the fee if application is made 6
   69  months or less before such period. The rule must also require
   70  that fees be collected for the purpose of funding the
   71  Hospitality Education Program, pursuant to s. 509.302. Such fees
   72  must be payable in full for each application regardless of when
   73  the application is submitted.
   74         (2)Upon making initial application or an application for
   75  change of ownership of a vacation rental, the applicant must pay
   76  to the division a fee as prescribed by rule, not to exceed $50,
   77  in addition to any other fees required by law, which must cover
   78  all costs associated with initiating regulation of the vacation
   79  rental.
   80         (3)A license renewal filed with the division after the
   81  expiration date must be accompanied by a delinquent fee as
   82  prescribed by rule, not to exceed $50, in addition to the
   83  renewal fee and any other fees required by law.
   84         Section 6. Section 509.606, Florida Statutes, is created to
   85  read:
   86         509.606 Revocation or suspension of licenses; fines;
   87  procedure.—
   88         (1)Any vacation rental operating in violation of this part
   89  or the rules of the division, operating without a license, or
   90  operating with a suspended or revoked license may be subject by
   91  the division to:
   92         (a)Fines not to exceed $1,000 per offense; and
   93         (b)The suspension, revocation, or refusal of a license
   94  issued pursuant to this chapter.
   95         (2)For the purposes of this section, the division may
   96  regard as a separate offense each day or portion of a day on
   97  which a vacation rental is operated in violation of a “critical
   98  law or rule,” as that term is defined by rule.
   99         (3)If the license of a vacation rental is suspended or
  100  revoked, the division must post a prominent closed-for-operation
  101  sign on the vacation rental. The division shall also post such
  102  sign on any vacation rental judicially or administratively
  103  determined to be operating without a license. It is a
  104  misdemeanor of the second degree, punishable as provided in s.
  105  775.082 or s. 775.083, for any person to deface or remove such
  106  closed-for-operation sign or for any vacation rental to open for
  107  operation without a license or to open for operation while its
  108  license is suspended or revoked. The division may impose
  109  administrative sanctions for violations of this section.
  110         (4)All funds received by the division as satisfaction for
  111  administrative fines must be paid into the State Treasury to the
  112  credit of the Hotel and Restaurant Trust Fund and may not
  113  subsequently be used for payment to any entity performing
  114  required inspections under contract with the division.
  115  Administrative fines may be used to support division programs
  116  pursuant to s. 509.302(1).
  117         (5)(a)A license may not be suspended under this section
  118  for a period of more than 12 months. At the end of such period
  119  of suspension, the vacation rental may apply for reinstatement
  120  or renewal of the license. A vacation rental, the license of
  121  which is revoked, may not apply for another license for that
  122  location before the date on which the revoked license would have
  123  expired.
  124         (b)The division may fine, suspend, or revoke the license
  125  of any vacation rental if an operator knowingly lets, leases, or
  126  gives space for unlawful gambling purposes or permits unlawful
  127  gambling in such establishment or in or upon any premises which
  128  are used in connection with, and are under the same charge,
  129  control, or management as, such establishment.
  130         (6)The division may fine, suspend, or revoke the license
  131  of any vacation rental when:
  132         (a)Any person with a direct financial interest in the
  133  licensed vacation rental, within the preceding 5 years in this
  134  state, any other state, or the United States, has been
  135  adjudicated guilty of or forfeited a bond when charged with
  136  soliciting for prostitution, pandering, letting premises for
  137  prostitution, keeping a disorderly place, illegally dealing in
  138  controlled substances as defined in chapter 893, or any other
  139  crime reflecting on professional character.
  140         (b)The division has deemed such vacation rental to be an
  141  imminent danger to the public health and safety for failure to
  142  meet sanitation standards, or the division has determined the
  143  vacation rental to be unsafe or unfit for human occupancy.
  144         (c)The vacation rental is the subject of a final order or
  145  judgment directing the vacation rental to cease operations due
  146  to violation of a local ordinance.
  147         (d)The vacation rental has been involved in multiple
  148  violations of local ordinances in any 12-month period, thereby
  149  demonstrating a repeated threat to the public health or safety
  150  or to the maintenance of public order.
  151         (7)A person is not entitled to the issuance of a license
  152  for any vacation rental except in the discretion of the director
  153  when the division has notified the current licensee for such
  154  premises that administrative proceedings have been or will be
  155  brought against such current licensee for violation of any
  156  provision of this chapter or rule of the division.
  157         (8)The division may fine, suspend, or revoke the license
  158  of any vacation rental when the rental is not in compliance with
  159  the requirements of a final order or other administrative action
  160  issued against the licensee by the division.
  161         (9)The division may refuse to issue or renew the license
  162  of any vacation rental until all outstanding fines are paid in
  163  full to the division as required by all final orders or other
  164  administrative action issued against the licensee by the
  165  division.
  166         Section 7. Section 509.607, Florida Statutes, is created to
  167  read:
  168         509.607 Taxes; exemptions.—Vacation rentals are subject to
  169  chapter 212 in the same manner as transient rentals. Vacation
  170  rentals are exempt from chapter 83 in the same manner as
  171  transient rentals. Any person, partnership, corporation, or
  172  other legal entity which, for another and for compensation or
  173  other valuable consideration, rents or advertises for rent a
  174  vacation rental licensed under chapter 509 is exempt from
  175  chapter 475.
  176         Section 8. Section 509.608, Florida Statutes, is created to
  177  read:
  178         509.608 Inspection of premises.—
  179         (1)Except as otherwise provided in this chapter,
  180  inspection of vacation rentals is preempted to the state and the
  181  division has jurisdiction and is solely responsible for all
  182  inspections. The division is solely responsible for quality
  183  assurance.
  184         (2)For purposes of performing inspections and the
  185  enforcement of this chapter, the division has the right of entry
  186  and access to a vacation rental at any reasonable time.
  187         (3)The division may not establish by rule any regulation
  188  governing the design, construction, erection, alteration,
  189  modification, repair, or demolition of any vacation rental.
  190         (4)Vacation rentals must be made available to the division
  191  for inspection upon request. If, during the inspection of a
  192  vacation rental, an inspector identifies vulnerable adults who
  193  appear to be victims of neglect, as defined in s. 415.102, or,
  194  in the case of a building that is not equipped with automatic
  195  sprinkler systems, tenants or clients who may be unable to self
  196  preserve in an emergency, the division shall convene meetings
  197  with the following agencies as appropriate to the individual
  198  situation: the Department of Health, the Department of Elderly
  199  Affairs, the area agency on aging, the local fire marshal, the
  200  landlord and affected tenants and clients, and other relevant
  201  organizations, to develop a plan that improves the prospects for
  202  safety of affected residents and, if necessary, identifies
  203  alternative living arrangements, such as facilities licensed
  204  under part II of chapter 400 or under chapter 429.
  205         (5)The division shall inspect vacation rentals whenever
  206  necessary to respond to an emergency or epidemiological
  207  condition.
  208         (6)The division shall inspect each commercial vacation
  209  rental at least biannually.
  210         Section 9. Section 509.013, Florida Statutes, is reordered
  211  and amended to read:
  212         509.013 Definitions.—As used in this chapter, the term:
  213         (1)“Commercial vacation rental” means a vacation rental,
  214  as defined in subsection (18), which is one of three or more
  215  vacation rentals under common ownership, either directly or
  216  indirectly.
  217         (3)(1) “Division” means the Division of Hotels and
  218  Restaurants of the Department of Business and Professional
  219  Regulation.
  220         (8)(2) “Operator” means the owner, licensee, proprietor,
  221  lessee, manager, assistant manager, or appointed agent of a
  222  public lodging establishment, vacation rental, or public food
  223  service establishment.
  224         (4)(3) “Guest” means any patron, customer, tenant, lodger,
  225  boarder, or occupant of a public lodging establishment, vacation
  226  rental, or public food service establishment.
  227         (10)(4)(a) “Public lodging establishment” includes a
  228  transient public lodging establishment as defined in
  229  subparagraph 1. and a nontransient public lodging establishment
  230  as defined in subparagraph 2.
  231         1. “Transient public lodging establishment” means any unit,
  232  group of units, dwelling, building, or group of buildings within
  233  a single complex of buildings which is rented to guests more
  234  than three times in a calendar year for periods of less than 30
  235  days or 1 calendar month, whichever is less, or which is
  236  advertised or held out to the public as a place regularly rented
  237  to guests.
  238         2. “Nontransient public lodging establishment” means any
  239  unit, group of units, dwelling, building, or group of buildings
  240  within a single complex of buildings which is rented to guests
  241  for periods of at least 30 days or 1 calendar month, whichever
  242  is less, or which is advertised or held out to the public as a
  243  place regularly rented to guests for periods of at least 30 days
  244  or 1 calendar month.
  245  
  246  License classifications of public lodging establishments, and
  247  the definitions therefor, are set out in s. 509.242. For the
  248  purpose of licensure, the term does not include condominium
  249  common elements as defined in s. 718.103.
  250         (b) The following are excluded from the definitions in
  251  paragraph (a):
  252         1. Any dormitory or other living or sleeping facility
  253  maintained by a public or private school, college, or university
  254  for the use of students, faculty, or visitors.
  255         2. Any facility certified or licensed and regulated by the
  256  Agency for Health Care Administration or the Department of
  257  Children and Families or other similar place regulated under s.
  258  381.0072.
  259         3. Any place renting four rental units or less, unless the
  260  rental units are advertised or held out to the public to be
  261  places that are regularly rented to transients.
  262         4. Any unit or group of units in a condominium,
  263  cooperative, or timeshare plan and any individually or
  264  collectively owned one-family, two-family, three-family, or
  265  four-family dwelling house or dwelling unit that is rented for
  266  periods of at least 30 days or 1 calendar month, whichever is
  267  less, and that is not advertised or held out to the public as a
  268  place regularly rented for periods of less than 1 calendar
  269  month, provided that no more than four rental units within a
  270  single complex of buildings are available for rent.
  271         5. Any migrant labor camp or residential migrant housing
  272  permitted by the Department of Health under ss. 381.008
  273  381.00895.
  274         6. Any establishment inspected by the Department of Health
  275  and regulated by chapter 513.
  276         7. Any nonprofit organization that operates a facility
  277  providing housing only to patients, patients’ families, and
  278  patients’ caregivers and not to the general public.
  279         8. Any apartment building inspected by the United States
  280  Department of Housing and Urban Development or other entity
  281  acting on the department’s behalf that is designated primarily
  282  as housing for persons at least 62 years of age. The division
  283  may require the operator of the apartment building to attest in
  284  writing that such building meets the criteria provided in this
  285  subparagraph. The division may adopt rules to implement this
  286  requirement.
  287         9. Any roominghouse, boardinghouse, or other living or
  288  sleeping facility that may not be classified as a hotel, motel,
  289  timeshare project, vacation rental, nontransient apartment, bed
  290  and breakfast inn, or transient apartment under s. 509.242.
  291         10.Any vacation rental.
  292         (9)(5)(a) “Public food service establishment” means any
  293  building, vehicle, place, or structure, or any room or division
  294  in a building, vehicle, place, or structure where food is
  295  prepared, served, or sold for immediate consumption on or in the
  296  vicinity of the premises; called for or taken out by customers;
  297  or prepared before prior to being delivered to another location
  298  for consumption. The term includes a culinary education program,
  299  as defined in s. 381.0072(2), which offers, prepares, serves, or
  300  sells food to the general public, regardless of whether it is
  301  inspected by another state agency for compliance with sanitation
  302  standards.
  303         (b) The following are excluded from the definition in
  304  paragraph (a):
  305         1. Any place maintained and operated by a public or private
  306  school, college, or university:
  307         a. For the use of students and faculty; or
  308         b. Temporarily to serve such events as fairs, carnivals,
  309  food contests, cook-offs, and athletic contests.
  310         2. Any eating place maintained and operated by a church or
  311  a religious, nonprofit fraternal, or nonprofit civic
  312  organization:
  313         a. For the use of members and associates; or
  314         b. Temporarily to serve such events as fairs, carnivals,
  315  food contests, cook-offs, or athletic contests.
  316  
  317  Upon request by the division, a church or a religious, nonprofit
  318  fraternal, or nonprofit civic organization claiming an exclusion
  319  under this subparagraph must provide the division documentation
  320  of its status as a church or a religious, nonprofit fraternal,
  321  or nonprofit civic organization.
  322         3. Any eating place maintained and operated by an
  323  individual or entity at a food contest, cook-off, or a temporary
  324  event lasting from 1 to 3 days which is hosted by a church or a
  325  religious, nonprofit fraternal, or nonprofit civic organization.
  326  Upon request by the division, the event host must provide the
  327  division documentation of its status as a church or a religious,
  328  nonprofit fraternal, or nonprofit civic organization.
  329         4. Any eating place located on an airplane, train, bus, or
  330  watercraft which is a common carrier.
  331         5. Any eating place maintained by a facility certified or
  332  licensed and regulated by the Agency for Health Care
  333  Administration or the Department of Children and Families or
  334  other similar place that is regulated under s. 381.0072.
  335         6. Any place of business issued a permit or inspected by
  336  the Department of Agriculture and Consumer Services under s.
  337  500.12.
  338         7. Any place of business where the food available for
  339  consumption is limited to ice, beverages with or without
  340  garnishment, popcorn, or prepackaged items sold without
  341  additions or preparation.
  342         8. Any theater, if the primary use is as a theater and if
  343  patron service is limited to food items customarily served to
  344  the admittees of theaters.
  345         9. Any vending machine that dispenses any food or beverages
  346  other than potentially hazardous foods, as defined by division
  347  rule.
  348         10. Any vending machine that dispenses potentially
  349  hazardous food and which is located in a facility regulated
  350  under s. 381.0072.
  351         11. Any research and development test kitchen limited to
  352  the use of employees and which is not open to the general
  353  public.
  354         (2)(6) “Director” means the Director of the Division of
  355  Hotels and Restaurants of the Department of Business and
  356  Professional Regulation.
  357         (11)(7) “Single complex of buildings” means all buildings
  358  or structures that are owned, managed, controlled, or operated
  359  under one business name and are situated on the same tract or
  360  plot of land that is not separated by a public street or
  361  highway.
  362         (12)(8) “Temporary food service event” means any event of
  363  30 days or less in duration where food is prepared, served, or
  364  sold to the general public.
  365         (13)(9) “Theme park or entertainment complex” means a
  366  complex consisting comprised of at least 25 contiguous acres
  367  owned and controlled by the same business entity and which
  368  contains permanent exhibitions and a variety of recreational
  369  activities and has a minimum of 1 million visitors annually.
  370         (14)(10) “Third-party provider” means, for purposes of s.
  371  509.049, any provider of an approved food safety training
  372  program that provides training or such a training program to a
  373  public food service establishment that is not under common
  374  ownership or control with the provider.
  375         (16)(11) “Transient establishment” means any public lodging
  376  establishment that is rented or leased to guests by an operator
  377  whose intention is that such guests’ occupancy will be
  378  temporary.
  379         (17)(12) “Transient occupancy” means occupancy when it is
  380  the intention of the parties that the occupancy will be
  381  temporary. There is a rebuttable presumption that, when the
  382  dwelling unit occupied is not the sole residence of the guest,
  383  the occupancy is transient.
  384         (15)(13) “Transient” means a guest in transient occupancy.
  385         (6)(14) “Nontransient establishment” means any public
  386  lodging establishment that is rented or leased to guests by an
  387  operator whose intention is that the dwelling unit occupied will
  388  be the sole residence of the guest.
  389         (7)(15) “Nontransient occupancy” means any occupancy in
  390  which when it is the intention of the parties that such the
  391  occupancy will not be temporary. There is a rebuttable
  392  presumption that, when the dwelling unit occupied is the sole
  393  residence of the guest, the occupancy is nontransient.
  394         (5)(16) “Nontransient” means a guest in nontransient
  395  occupancy.
  396         (18)“Vacation rental” means the whole or any part of a
  397  unit in a condominium or cooperative or any individually or
  398  collectively owned single-family, two-family, three-family, or
  399  four-family house or dwelling unit that is rented to guests for
  400  periods of less than 6 months.
  401         Section 10. Paragraph (a) of subsection (2), paragraph (c)
  402  of subsection (3), and subsection (7) of section 509.032,
  403  Florida Statutes, are amended to read:
  404         509.032 Duties.—
  405         (2) INSPECTION OF PREMISES.—
  406         (a) The division has jurisdiction and is responsible for
  407  all inspections required by this chapter. The inspection of
  408  vacation rentals shall be done in accordance with part III of
  409  this chapter. The division is responsible for quality assurance.
  410  The division shall inspect each licensed public lodging
  411  establishment at least biannually, except for transient and
  412  nontransient apartments, which shall be inspected at least
  413  annually. Each establishment licensed by the division shall be
  414  inspected at such other times as the division determines is
  415  necessary to ensure the public’s health, safety, and welfare.
  416  The division shall adopt by rule a risk-based inspection
  417  frequency for each licensed public food service establishment.
  418  The rule must require at least one, but not more than four,
  419  routine inspections that must be performed annually, and may
  420  include guidelines that consider the inspection and compliance
  421  history of a public food service establishment, the type of food
  422  and food preparation, and the type of service. The division
  423  shall reassess the inspection frequency of all licensed public
  424  food service establishments at least annually. Public lodging
  425  units classified as vacation rentals or timeshare projects are
  426  not subject to this requirement but shall be made available to
  427  the division upon request. If, during the inspection of a public
  428  lodging establishment classified for renting to transient or
  429  nontransient tenants, an inspector identifies vulnerable adults
  430  who appear to be victims of neglect, as defined in s. 415.102,
  431  or, in the case of a building that is not equipped with
  432  automatic sprinkler systems, tenants or clients who may be
  433  unable to self-preserve in an emergency, the division shall
  434  convene meetings with the following agencies as appropriate to
  435  the individual situation: the Department of Health, the
  436  Department of Elderly Affairs, the area agency on aging, the
  437  local fire marshal, the landlord and affected tenants and
  438  clients, and other relevant organizations, to develop a plan
  439  that improves the prospects for safety of affected residents
  440  and, if necessary, identifies alternative living arrangements
  441  such as facilities licensed under part II of chapter 400 or
  442  under chapter 429.
  443         (3) SANITARY STANDARDS; EMERGENCIES; TEMPORARY FOOD SERVICE
  444  EVENTS.—The division shall:
  445         (c) Administer a public notification process for temporary
  446  food service events and distribute educational materials that
  447  address safe food storage, preparation, and service procedures.
  448         1. Sponsors of temporary food service events shall notify
  449  the division not less than 3 days before the scheduled event of
  450  the type of food service proposed, the time and location of the
  451  event, a complete list of food service vendors participating in
  452  the event, the number of individual food service facilities each
  453  vendor will operate at the event, and the identification number
  454  of each food service vendor’s current license as a public food
  455  service establishment or temporary food service event licensee.
  456  Notification may be completed orally, by telephone, in person,
  457  or in writing. A public food service establishment or food
  458  service vendor may not use this notification process to
  459  circumvent the license requirements of this chapter.
  460         2. The division shall keep a record of all notifications
  461  received for proposed temporary food service events and shall
  462  provide appropriate educational materials to the event sponsors
  463  and notify the event sponsors of the availability of the food
  464  recovery brochure developed under s. 595.420.
  465         3.a. Unless excluded under s. 509.013(9)(b) s.
  466  509.013(5)(b), a public food service establishment or other food
  467  service vendor must obtain one of the following classes of
  468  license from the division: an individual license, for a fee of
  469  no more than $105, for each temporary food service event in
  470  which it participates; or an annual license, for a fee of no
  471  more than $1,000, that entitles the licensee to participate in
  472  an unlimited number of food service events during the license
  473  period. The division shall establish license fees, by rule, and
  474  may limit the number of food service facilities a licensee may
  475  operate at a particular temporary food service event under a
  476  single license.
  477         b. Public food service establishments holding current
  478  licenses from the division may operate under the regulations of
  479  such a license at temporary food service events.
  480         (7) ALLOCATION OF STATE AND LOCAL REGULATION PREEMPTION
  481  AUTHORITY.—
  482         (a) The regulation of public lodging establishments and
  483  public food service establishments, including, but not limited
  484  to, sanitation standards, inspections, training and testing of
  485  personnel, and matters related to the nutritional content and
  486  marketing of foods offered in such establishments, is preempted
  487  to the state. This paragraph does not preempt the authority of a
  488  local government or local enforcement district to conduct
  489  inspections of vacation rentals, public lodging establishments,
  490  and public food service establishments for compliance with the
  491  Florida Building Code and the Florida Fire Prevention Code,
  492  pursuant to ss. 553.80 and 633.206.
  493         (b) A local government may require the owner or agent of a
  494  vacation rental and the owner of an owner-occupied rental to
  495  obtain a local government certificate. The application for such
  496  a certificate may only require the owner or agent, as
  497  appropriate, to submit a copy of the vacation rental license
  498  required under this chapter, a copy of the certificate of
  499  registration required under s. 212.18, a valid business tax
  500  receipt from the local government, the number of bedrooms and
  501  maximum number of occupants, and the owner’s or manager’s local
  502  emergency contact information, including telephone numbers and
  503  e-mail address. The local government may inspect the vacation
  504  rental for compliance with building codes and life safety codes
  505  and assess a reasonable fee for the submission of the required
  506  information, and may assess fines for failure to comply.
  507  Enforcement of vacation rental regulations by a local government
  508  must be in accordance with ch. 162.
  509         (c)A local government may regulate vacation rental
  510  activities in detached single-family residences in which the
  511  owner does not personally regularly occupy at least a portion of
  512  the residence where vacation rental activities are occurring.
  513         (d) A local law, ordinance, or regulation may not prohibit
  514  vacation rentals or regulate the duration or frequency of rental
  515  of vacation rentals. This paragraph does not apply to any local
  516  law, ordinance, or regulation adopted on or before June 1, 2011,
  517  including when such law, ordinance, or regulation is being
  518  amended to be less restrictive with regard to vacation rentals.
  519         (e)(c) Paragraph (d)(b) does not apply to any local law,
  520  ordinance, or regulation exclusively relating to property
  521  valuation as a criterion for vacation rental if the local law,
  522  ordinance, or regulation is required to be approved by the state
  523  land planning agency pursuant to an area of critical state
  524  concern designation.
  525         Section 11. Subsection (12) of section 159.27, Florida
  526  Statutes, is amended to read:
  527         159.27 Definitions.—The following words and terms, unless
  528  the context clearly indicates a different meaning, shall have
  529  the following meanings:
  530         (12) “Public lodging or restaurant facility” means property
  531  used for any public lodging establishment as defined in s.
  532  509.242 or public food service establishment as defined in s.
  533  509.013 s. 509.013(5) if it is part of the complex of, or
  534  necessary to, another facility qualifying under this part.
  535         Section 12. Paragraph (jj) of subsection (7) of section
  536  212.08, Florida Statutes, is amended to read:
  537         212.08 Sales, rental, use, consumption, distribution, and
  538  storage tax; specified exemptions.—The sale at retail, the
  539  rental, the use, the consumption, the distribution, and the
  540  storage to be used or consumed in this state of the following
  541  are hereby specifically exempt from the tax imposed by this
  542  chapter.
  543         (7) MISCELLANEOUS EXEMPTIONS.—Exemptions provided to any
  544  entity by this chapter do not inure to any transaction that is
  545  otherwise taxable under this chapter when payment is made by a
  546  representative or employee of the entity by any means,
  547  including, but not limited to, cash, check, or credit card, even
  548  when that representative or employee is subsequently reimbursed
  549  by the entity. In addition, exemptions provided to any entity by
  550  this subsection do not inure to any transaction that is
  551  otherwise taxable under this chapter unless the entity has
  552  obtained a sales tax exemption certificate from the department
  553  or the entity obtains or provides other documentation as
  554  required by the department. Eligible purchases or leases made
  555  with such a certificate must be in strict compliance with this
  556  subsection and departmental rules, and any person who makes an
  557  exempt purchase with a certificate that is not in strict
  558  compliance with this subsection and the rules is liable for and
  559  shall pay the tax. The department may adopt rules to administer
  560  this subsection.
  561         (jj) Complimentary meals.—Also exempt from the tax imposed
  562  by this chapter are food or drinks that are furnished as part of
  563  a packaged room rate by any person offering for rent or lease
  564  any transient living accommodations as described in s.
  565  509.013(10)(a) s. 509.013(4)(a) which are licensed under part I
  566  of chapter 509 and which are subject to the tax under s. 212.03,
  567  if a separate charge or specific amount for the food or drinks
  568  is not shown. Such food or drinks are considered to be sold at
  569  retail as part of the total charge for the transient living
  570  accommodations. Moreover, the person offering the accommodations
  571  is not considered to be the consumer of items purchased in
  572  furnishing such food or drinks and may purchase those items
  573  under conditions of a sale for resale.
  574         Section 13. Paragraph (b) of subsection (4) of section
  575  316.1955, Florida Statutes, is amended to read:
  576         316.1955 Enforcement of parking requirements for persons
  577  who have disabilities.—
  578         (4)
  579         (b) Notwithstanding paragraph (a), a theme park or an
  580  entertainment complex as defined in s. 509.013 s. 509.013(9)
  581  which provides parking in designated areas for persons who have
  582  disabilities may allow any vehicle that is transporting a person
  583  who has a disability to remain parked in a space reserved for
  584  persons who have disabilities throughout the period the theme
  585  park is open to the public for that day.
  586         Section 14. Subsection (5) of section 404.056, Florida
  587  Statutes, is amended to read:
  588         404.056 Environmental radiation standards and projects;
  589  certification of persons performing measurement or mitigation
  590  services; mandatory testing; notification on real estate
  591  documents; rules.—
  592         (5) NOTIFICATION ON REAL ESTATE DOCUMENTS.—Notification
  593  shall be provided on at least one document, form, or application
  594  executed at the time of, or prior to, contract for sale and
  595  purchase of any building or execution of a rental agreement for
  596  any building. Such notification shall contain the following
  597  language:
  598  
  599         “RADON GAS: Radon is a naturally occurring radioactive gas
  600  that, when it has accumulated in a building in sufficient
  601  quantities, may present health risks to persons who are exposed
  602  to it over time. Levels of radon that exceed federal and state
  603  guidelines have been found in buildings in Florida. Additional
  604  information regarding radon and radon testing may be obtained
  605  from your county health department.”
  606  
  607  The requirements of this subsection do not apply to any
  608  residential transient occupancy, as described in s. 509.013(17)
  609  s. 509.013(12), provided that such occupancy is 45 days or less
  610  in duration.
  611         Section 15. Subsection (6) of section 477.0135, Florida
  612  Statutes, is amended to read:
  613         477.0135 Exemptions.—
  614         (6) A license is not required of any individual providing
  615  makeup or special effects services in a theme park or
  616  entertainment complex to an actor, stunt person, musician,
  617  extra, or other talent, or providing makeup or special effects
  618  services to the general public. The term “theme park or
  619  entertainment complex” has the same meaning as in s. 509.013 s.
  620  509.013(9).
  621         Section 16. Subsection (1) of section 509.072, Florida
  622  Statutes, is amended to read:
  623         509.072 Hotel and Restaurant Trust Fund; collection and
  624  disposition of moneys received.—
  625         (1) There is created a Hotel and Restaurant Trust Fund to
  626  be used for the administration and operation of the division and
  627  the carrying out of all laws and rules under the jurisdiction of
  628  the division pertaining to the construction, maintenance, and
  629  operation of public lodging establishments, vacation rentals,
  630  and public food service establishments, including the inspection
  631  of elevators as required under chapter 399. All funds collected
  632  by the division and the amounts paid for licenses and fees shall
  633  be deposited in the State Treasury into the Hotel and Restaurant
  634  Trust Fund.
  635         Section 17. Section 509.091, Florida Statutes, is amended
  636  to read:
  637         509.091 Notices; form and service.—
  638         (1) Each notice served by the division pursuant to this
  639  chapter must be in writing and must be delivered personally by
  640  an agent of the division or by registered letter to the operator
  641  of the public lodging establishment, vacation rental, or public
  642  food service establishment. If the operator refuses to accept
  643  service or evades service or the agent is otherwise unable to
  644  effect service after due diligence, the division may post such
  645  notice in a conspicuous place at the establishment.
  646         (2) Notwithstanding subsection (1), the division may
  647  deliver lodging inspection reports and food service inspection
  648  reports to the operator of the public lodging establishment,
  649  vacation rental, or public food service establishment by
  650  electronic means.
  651         Section 18. Section 509.095, Florida Statutes, is amended
  652  to read:
  653         509.095 Accommodations at public lodging establishments or
  654  vacation rentals for individuals with a valid military
  655  identification card.—Upon the presentation of a valid military
  656  identification card by an individual who is currently on active
  657  duty as a member of the United States Armed Forces, National
  658  Guard, Reserve Forces, or Coast Guard, and who seeks to obtain
  659  accommodations at a hotel, motel, or bed and breakfast inn, as
  660  defined in s. 509.242, or vacation rental, such hotel, motel, or
  661  bed and breakfast inn, or vacation rental shall waive any
  662  minimum age policy that it may have which restricts
  663  accommodations to individuals based on age. Duplication of a
  664  military identification card presented pursuant to this section
  665  is prohibited.
  666         Section 19. Subsection (1) of section 509.101, Florida
  667  Statutes, is amended to read:
  668         509.101 Establishment rules; posting of notice; food
  669  service inspection report; maintenance of guest register; mobile
  670  food dispensing vehicle registry.—
  671         (1) Any operator of a public lodging establishment,
  672  vacation rental, or a public food service establishment may
  673  establish reasonable rules and regulations for the management of
  674  the establishment and its guests and employees; and each guest
  675  or employee staying, sojourning, eating, or employed in the
  676  establishment shall conform to and abide by such rules and
  677  regulations so long as the guest or employee remains in or at
  678  the establishment. Such rules and regulations shall be deemed to
  679  be a special contract between the operator and each guest or
  680  employee using the services or facilities of the operator. Such
  681  rules and regulations shall control the liabilities,
  682  responsibilities, and obligations of all parties. Any rules or
  683  regulations established pursuant to this section shall be
  684  printed in the English language and posted in a prominent place
  685  within such public lodging establishment, vacation rental, or
  686  public food service establishment. In addition, any operator of
  687  a public food service establishment shall maintain a copy of the
  688  latest food service inspection report and shall make it
  689  available to the division at the time of any division inspection
  690  of the establishment and to the public, upon request.
  691         Section 20. Section 509.111, Florida Statutes, is amended
  692  to read:
  693         509.111 Liability for property of guests.—
  694         (1) The operator of a public lodging establishment or
  695  vacation rental is not under any obligation to accept for
  696  safekeeping any moneys, securities, jewelry, or precious stones
  697  of any kind belonging to any guest, and, if such are accepted
  698  for safekeeping, the operator is not liable for the loss thereof
  699  unless such loss was the proximate result of fault or negligence
  700  of the operator. However, the liability of the operator shall be
  701  limited to $1,000 for such loss, if the public lodging
  702  establishment or vacation rental gave a receipt for the property
  703  (stating the value) on a form which stated, in type large enough
  704  to be clearly noticeable, that the public lodging establishment
  705  or vacation rental was not liable for any loss exceeding $1,000
  706  and was only liable for that amount if the loss was the
  707  proximate result of fault or negligence of the operator.
  708         (2) The operator of a public lodging establishment or
  709  vacation rental is not liable or responsible to any guest for
  710  the loss of wearing apparel, goods, or other property, except as
  711  provided in subsection (1), unless such loss occurred as the
  712  proximate result of fault or negligence of such operator, and,
  713  in case of fault or negligence, the operator is not liable for a
  714  greater sum than $500, unless the guest, before prior to the
  715  loss or damage, files with the operator an inventory of the
  716  guest’s effects and the value thereof and the operator is given
  717  the opportunity to inspect such effects and check them against
  718  such inventory. The operator of a public lodging establishment
  719  or vacation rental is not liable or responsible to any guest for
  720  the loss of effects listed in such inventory in a total amount
  721  exceeding $1,000.
  722         Section 21. Section 509.141, Florida Statutes, is amended
  723  to read:
  724         509.141 Refusal of admission and ejection of undesirable
  725  guests; notice; procedure; penalties for refusal to leave.—
  726         (1) The operator of any public lodging establishment,
  727  vacation rental, or public food service establishment may remove
  728  or cause to be removed from such establishment, in the manner
  729  hereinafter provided, any guest of the establishment who, while
  730  on the premises of the establishment, illegally possesses or
  731  deals in controlled substances as defined in chapter 893 or is
  732  intoxicated, profane, lewd, or brawling; who indulges in any
  733  language or conduct which disturbs the peace and comfort of
  734  other guests or which injures the reputation, dignity, or
  735  standing of the establishment; who, in the case of a public
  736  lodging establishment or vacation rental, fails to make payment
  737  of rent at the agreed-upon rental rate by the agreed-upon
  738  checkout time; who, in the case of a public lodging
  739  establishment or vacation rental, fails to check out by the time
  740  agreed upon in writing by the guest and public lodging
  741  establishment or vacation rental at check-in unless an extension
  742  of time is agreed to by the public lodging establishment or
  743  vacation rental and guest before prior to checkout; who, in the
  744  case of a public food service establishment, fails to make
  745  payment for food, beverages, or services; or who, in the opinion
  746  of the operator, is a person the continued entertainment of whom
  747  would be detrimental to such establishment. The admission to, or
  748  the removal from, such establishment may shall not be based upon
  749  race, creed, color, sex, physical disability, or national
  750  origin.
  751         (2) The operator of any public lodging establishment,
  752  vacation rental, or public food service establishment shall
  753  notify such guest that the establishment no longer desires to
  754  entertain the guest and shall request that such guest
  755  immediately depart from the establishment. Such notice may be
  756  given orally or in writing. If the notice is in writing, it
  757  shall be as follows:
  758  
  759         “You are hereby notified that this establishment no longer
  760  desires to entertain you as its guest, and you are requested to
  761  leave at once. To remain after receipt of this notice is a
  762  misdemeanor under the laws of this state.”
  763  
  764  If such guest has paid in advance, the establishment shall, at
  765  the time such notice is given, tender to such guest the unused
  766  portion of the advance payment; however, the establishment may
  767  withhold payment for each full day that the guest has been
  768  entertained at the establishment for any portion of the 24-hour
  769  period of such day.
  770         (3) Any guest who remains or attempts to remain in any such
  771  establishment after being requested to leave commits is guilty
  772  of a misdemeanor of the second degree, punishable as provided in
  773  s. 775.082 or s. 775.083.
  774         (4) If any person is illegally on the premises of any
  775  public lodging establishment, vacation rental, or public food
  776  service establishment, the operator of such establishment may
  777  call upon any law enforcement officer of this state for
  778  assistance. It is the duty of such law enforcement officer, upon
  779  the request of such operator, to place under arrest and take
  780  into custody for violation of this section any guest who
  781  violates subsection (3) in the presence of the officer. If a
  782  warrant has been issued by the proper judicial officer for the
  783  arrest of any violator of subsection (3), the officer shall
  784  serve the warrant, arrest the person, and take the person into
  785  custody. Upon arrest, with or without warrant, the guest will be
  786  deemed to have given up any right to occupancy or to have
  787  abandoned such right of occupancy of the premises, and the
  788  operator of the establishment may then make such premises
  789  available to other guests. However, the operator of the
  790  establishment shall employ all reasonable and proper means to
  791  care for any personal property which may be left on the premises
  792  by such guest and shall refund any unused portion of moneys paid
  793  by such guest for the occupancy of such premises.
  794         Section 22. Section 509.142, Florida Statutes, is amended
  795  to read:
  796         509.142 Conduct on premises; refusal of service.—The
  797  operator of a public lodging establishment, vacation rental, or
  798  public food service establishment may refuse accommodations or
  799  service to any person whose conduct on the premises of the
  800  establishment displays intoxication, profanity, lewdness, or
  801  brawling; who indulges in language or conduct such as to disturb
  802  the peace or comfort of other guests; who engages in illegal or
  803  disorderly conduct; who illegally possesses or deals in
  804  controlled substances as defined in chapter 893; or whose
  805  conduct constitutes a nuisance. Such refusal may not be based
  806  upon race, creed, color, sex, physical disability, or national
  807  origin.
  808         Section 23. Section 509.144, Florida Statutes, is amended
  809  to read:
  810         509.144 Prohibited handbill distribution in a public
  811  lodging establishment or vacation rental; penalties.—
  812         (1) As used in this section, the term:
  813         (a) “Handbill” means a flier, leaflet, pamphlet, or other
  814  written material that advertises, promotes, or informs persons
  815  about a person, business, company, or food service establishment
  816  but does not include employee communications permissible under
  817  the National Labor Relations Act, other communications protected
  818  by the First Amendment to the United States Constitution, or
  819  communications about public health, safety, or welfare
  820  distributed by a federal, state, or local governmental entity or
  821  a public or private utility.
  822         (b) “Without permission” means without the expressed
  823  written permission of the owner, manager, or agent of the owner
  824  or manager of the public lodging establishment or vacation
  825  rental where a sign is posted prohibiting advertising or
  826  solicitation in the manner provided in subsection (5).
  827         (c) “At or in a public lodging establishment or vacation
  828  rental” means any property under the sole ownership or control
  829  of a public lodging establishment or vacation rental.
  830         (2) Any person, agent, contractor, or volunteer who is
  831  acting on behalf of a person, business, company, or food service
  832  establishment and who, without permission, delivers,
  833  distributes, or places, or attempts to deliver, distribute, or
  834  place, a handbill at or in a public lodging establishment or
  835  vacation rental commits a misdemeanor of the first degree,
  836  punishable as provided in s. 775.082 or s. 775.083.
  837         (3) Any person who, without permission, directs another
  838  person to deliver, distribute, or place, or attempts to deliver,
  839  distribute, or place, a handbill at or in a public lodging
  840  establishment or vacation rental commits a misdemeanor of the
  841  first degree, punishable as provided in s. 775.082 or s.
  842  775.083. Any person sentenced under this subsection shall be
  843  ordered to pay a minimum fine of $500 in addition to any other
  844  penalty imposed by the court.
  845         (4) In addition to any penalty imposed by the court, a
  846  person who violates subsection (2) or subsection (3) must:
  847         (a) Shall Pay a minimum fine of $2,000 for a second
  848  violation.
  849         (b) Shall Pay a minimum fine of $3,000 for a third or
  850  subsequent violation.
  851         (5) For purposes of this section, a public lodging
  852  establishment or vacation rental that intends to prohibit
  853  advertising or solicitation, as described in this section, at or
  854  in such establishment must comply with the following
  855  requirements when posting a sign prohibiting such solicitation
  856  or advertising:
  857         (a) There must appear prominently on any sign referred to
  858  in this subsection, in letters of not less than 2 inches in
  859  height, the terms “no advertising” or “no solicitation” or terms
  860  that indicate the same meaning.
  861         (b) The sign must be posted conspicuously.
  862         (c) If the main office of a the public lodging
  863  establishment is immediately accessible by entering the office
  864  through a door from a street, parking lot, grounds, or other
  865  area outside such establishment, the sign must be placed on a
  866  part of the main office, such as a door or window, and the sign
  867  must face the street, parking lot, grounds, or other area
  868  outside such establishment.
  869         (d) If the main office of a the public lodging
  870  establishment is not immediately accessible by entering the
  871  office through a door from a street, parking lot, grounds, or
  872  other area outside such establishment, the sign must be placed
  873  in the immediate vicinity of the main entrance to such
  874  establishment, and the sign must face the street, parking lot,
  875  grounds, or other area outside such establishment.
  876         (6) Any personal property, including, but not limited to,
  877  any vehicle, item, object, tool, device, weapon, machine, money,
  878  security, book, or record, that is used or attempted to be used
  879  as an instrumentality in the commission of, or in aiding and
  880  abetting in the commission of, a person’s third or subsequent
  881  violation of this section, whether or not comprising an element
  882  of the offense, is subject to seizure and forfeiture under the
  883  Florida Contraband Forfeiture Act.
  884         Section 24. Subsections (1), (2), and (3) of section
  885  509.162, Florida Statutes, are amended to read:
  886         509.162 Theft of personal property; detaining and arrest of
  887  violator; theft by employee.—
  888         (1) Any law enforcement officer or operator of a public
  889  lodging establishment, vacation rental, or public food service
  890  establishment who has probable cause to believe that theft of
  891  personal property belonging to such establishment has been
  892  committed by a person and that the officer or operator can
  893  recover such property or the reasonable value thereof by taking
  894  the person into custody may, for the purpose of attempting to
  895  effect such recovery or for prosecution, take such person into
  896  custody on the premises and detain such person in a reasonable
  897  manner and for a reasonable period of time. If the operator
  898  takes the person into custody, a law enforcement officer shall
  899  be called to the scene immediately. The taking into custody and
  900  detention by a law enforcement officer or operator of a public
  901  lodging establishment, vacation rental, or public food service
  902  establishment, if done in compliance with this subsection, does
  903  not render such law enforcement officer or operator criminally
  904  or civilly liable for false arrest, false imprisonment, or
  905  unlawful detention.
  906         (2) Any law enforcement officer may arrest, either on or
  907  off the premises and without warrant, any person if there is
  908  probable cause to believe that person has committed theft in a
  909  public lodging establishment, vacation rental, or in a public
  910  food service establishment.
  911         (3) Any person who resists the reasonable effort of a law
  912  enforcement officer or operator of a public lodging
  913  establishment, vacation rental, or public food service
  914  establishment to recover property which the law enforcement
  915  officer or operator had probable cause to believe had been
  916  stolen from the public lodging establishment, vacation rental,
  917  or public food service establishment, and who is subsequently
  918  found to be guilty of theft of the subject property, is guilty
  919  of a misdemeanor of the first degree, punishable as provided in
  920  s. 775.082 or s. 775.083, unless such person did not know, or
  921  did not have reason to know, that the person seeking to recover
  922  the property was a law enforcement officer or the operator. For
  923  purposes of this section, the charge of theft and the charge of
  924  resisting apprehension may be tried concurrently.
  925         Section 25. Section 509.2015, Florida Statutes, is amended
  926  to read:
  927         509.2015 Telephone surcharges by public lodging
  928  establishments and vacation rentals.—
  929         (1) A public lodging establishment or vacation rental that
  930  which imposes a surcharge for any telephone call must post
  931  notice of such surcharge in a conspicuous place located by each
  932  telephone from which a call which is subject to a surcharge may
  933  originate. Such notice must be plainly visible and printed on a
  934  sign that is not less than 3 inches by 5 inches in size, and
  935  such notice shall clearly state if the surcharge applies whether
  936  or not the telephone call has been attempted or completed.
  937         (2) The division may, pursuant to s. 509.261 or s. 509.606,
  938  suspend or revoke the license of, or impose a fine against, any
  939  public lodging establishment or vacation rental that violates
  940  subsection (1).
  941         Section 26. Subsections (1), (2), and (3) of section
  942  509.211, Florida Statutes, are amended to read:
  943         509.211 Safety regulations.—
  944         (1) Each bedroom or apartment in each public lodging
  945  establishment or vacation rental must shall be equipped with an
  946  approved locking device on each door opening to the outside, to
  947  an adjoining room or apartment, or to a hallway.
  948         (2)(a) It is unlawful for any person to use within any
  949  public lodging establishment, vacation rental, or public food
  950  service establishment any fuel-burning wick-type equipment for
  951  space heating unless such equipment is vented so as to prevent
  952  the accumulation of toxic or injurious gases or liquids.
  953         (b) Any person who violates the provisions of paragraph (a)
  954  commits a misdemeanor of the second degree, punishable as
  955  provided in s. 775.082 or s. 775.083.
  956         (3) Each public lodging establishment or vacation rental
  957  that is three or more stories in height must have safe and
  958  secure railings on all balconies, platforms, and stairways, and
  959  all such railings must be properly maintained and repaired. The
  960  division may impose administrative sanctions for violations of
  961  this subsection pursuant to s. 509.261.
  962         Section 27. Section 509.2112, Florida Statutes, is amended
  963  to read:
  964         509.2112 Public lodging establishments and vacation rentals
  965  three stories or more in height; inspection rules.—The Division
  966  of Hotels and Restaurants of the Department of Business and
  967  Professional Regulation is directed to provide rules to require
  968  that:
  969         (1) Every public lodging establishment or vacation rental
  970  that is three stories or more in height in the state file a
  971  certificate stating that any and all balconies, platforms,
  972  stairways, and railways have been inspected by a person
  973  competent to conduct such inspections and are safe, secure, and
  974  free of defects.
  975         (2) The information required under subsection (1) be filed
  976  commencing January 1, 1991, and every 3 years thereafter, with
  977  the Division of Hotels and Restaurants and the applicable county
  978  or municipal authority responsible for building and zoning
  979  permits.
  980         (3) If a public lodging establishment or vacation rental
  981  that is three or more stories in height fails to file the
  982  information required in subsection (1), the Division of Hotels
  983  and Restaurants shall impose administrative sanctions pursuant
  984  to s. 509.261.
  985         Section 28. Subsections (2) and (3), paragraph (a) of
  986  subsection (4), and subsection (6) of section 509.215, Florida
  987  Statutes, are amended to read:
  988         509.215 Firesafety.—
  989         (2) Any public lodging establishment or vacation rental, as
  990  defined in this chapter, which is of three stories or more and
  991  for which the construction contract was let before October 1,
  992  1983, shall be equipped with:
  993         (a) A system which complies with subsection (1); or
  994         (b) An approved sprinkler system for all interior
  995  corridors, public areas, storage rooms, closets, kitchen areas,
  996  and laundry rooms, less individual guest rooms, if the following
  997  conditions are met:
  998         1. There is a minimum 1-hour separation between each guest
  999  room and between each guest room and a corridor.
 1000         2. The building is constructed of noncombustible materials.
 1001         3. The egress conditions meet the requirements of s. 5-3 of
 1002  the Life Safety Code, NFPA 101.
 1003         4. The building has a complete automatic fire detection
 1004  system which meets the requirements of NFPA-72A and NFPA-72E,
 1005  including smoke detectors in each guest room individually
 1006  annunciating to a panel at a supervised location.
 1007         (3) Notwithstanding any other provision of law to the
 1008  contrary, this section applies only to those public lodging
 1009  establishments and vacation rentals in a building wherein more
 1010  than 50 percent of the units in the building are advertised or
 1011  held out to the public as available for transient occupancy.
 1012         (4)(a) Special exception to the provisions of this section
 1013  shall be made for a public lodging establishment or vacation
 1014  rental structure that is individually listed in the National
 1015  Register of Historic Places pursuant to the National Historic
 1016  Preservation Act of 1966, as amended; or is a contributing
 1017  property to a National Register-listed district; or is
 1018  designated as a historic property, or as a contributing property
 1019  to a historic district under the terms of a local preservation
 1020  ordinance.
 1021         (6) Specialized smoke detectors for the deaf and hearing
 1022  impaired shall be available upon request by guests in public
 1023  lodging establishments or vacation rentals at a rate of at least
 1024  one such smoke detector per 50 dwelling units or portions
 1025  thereof, not to exceed five such smoke detectors per public
 1026  lodging facility.
 1027         Section 29. Paragraph (b) of subsection (2) and subsection
 1028  (9) of section 509.221, Florida Statutes, are amended to read:
 1029         509.221 Sanitary regulations.—
 1030         (2)
 1031         (b) Within a theme park or entertainment complex as defined
 1032  in s. 509.013 s. 509.013(9), the bathrooms are not required to
 1033  be in the same building as the public food service
 1034  establishment, so long as they are reasonably accessible.
 1035         (9) Subsections (2), (5), and (6) do not apply to any
 1036  facility or unit classified as a vacation rental, nontransient
 1037  apartment, or timeshare project as described in s. 509.242(1)(c)
 1038  and (f). With the exception of the requirement that they
 1039  maintain public bathroom facilities, those subsections do apply
 1040  to commercial vacation rentals s. 509.242(1)(c), (d), and (g).
 1041  
 1042  ================= T I T L E  A M E N D M E N T ================
 1043  And the title is amended as follows:
 1044         Delete lines 5 - 86
 1045  and insert:
 1046         short title; creating s. 509.603, F.S.; specifying
 1047         purpose; preempting certain regulation and control of
 1048         vacation rentals to the state; specifying authority of
 1049         the Division of Hotels and Restaurants over regulation
 1050         of vacation rentals; requiring the division to adopt
 1051         rules; providing legislative intent and specifying
 1052         applicability of the preemption; creating s. 509.604,
 1053         F.S.; requiring vacation rentals to obtain a license;
 1054         specifying that individuals cannot transfer licenses;
 1055         specifying a penalty for operating without a license;
 1056         requiring local law enforcement to assist with
 1057         enforcement; specifying that the division may refuse
 1058         to issue or renew a license under certain
 1059         circumstances; specifying that licenses must be
 1060         renewed annually and that the division must adopt
 1061         rules for staggered renewals; specifying the manner in
 1062         which administrative proceedings proceed upon the
 1063         expiration of a license; specifying that persons
 1064         intending to use a property as a vacation rental apply
 1065         for and receive a license before use; requiring such
 1066         licenses to be displayed in a vacation rental;
 1067         requiring a vacation rental’s license number to be
 1068         displayed in all listings and advertisements; creating
 1069         s. 509.605, F.S.; requiring the division to adopt
 1070         rules regarding certain license and delinquent fees;
 1071         specifying the maximum number of units under one
 1072         license; specifying requirements regarding such fees;
 1073         creating s. 509.606, F.S.; providing penalties for
 1074         violations; specifying the circumstances that
 1075         constitute a separate offense of a critical law or
 1076         rule; specifying circumstances under which the
 1077         division must post a closed-for-operation sign on a
 1078         vacation rental; specifying where administrative fines
 1079         must be paid and credited to; specifying the maximum
 1080         amount of time a vacation rental license may be
 1081         suspended; specifying certain circumstances where the
 1082         division may fine, suspend, or revoke the license of a
 1083         vacation rental; specifying that persons are not
 1084         entitled to a license when administrative proceedings
 1085         have been or will be brought against a licensee;
 1086         providing enforcement for noncompliance with final
 1087         orders or other administrative actions; authorizing
 1088         the division to refuse the issuance or renewal of a
 1089         license until all fines have been paid; creating s.
 1090         509.607, F.S.; specifying that vacation rentals are to
 1091         be treated as transient rentals regarding certain tax
 1092         and landlord and tenant provisions; exempting persons
 1093         renting or advertising for rent from certain real
 1094         estate regulations; creating s. 509.608, F.S.;
 1095         preempting inspection of vacation rentals to the
 1096         state, subject to exceptions; specifying that the
 1097         division is solely responsible for inspections and
 1098         quality assurance; specifying that the division has a
 1099         right of entry and access for performing inspections;
 1100         prohibiting the division from establishing certain
 1101         rules; specifying that vacation rentals must be made
 1102         available for inspection upon request; specifying
 1103         procedures for vulnerable adults appearing to be
 1104         victims of neglect and, in the case of buildings
 1105         without automatic sprinkler systems, persons who may
 1106         not be able to self-preserve in an emergency;
 1107         requiring the division to inspect vacation rentals
 1108         when necessary to respond to emergencies and
 1109         epidemiological conditions; requiring the division to
 1110         inspect each commercial vacation rental at least
 1111         biannually; amending s. 509.013, F.S.; revising and
 1112         defining terms; amending s. 509.032, F.S.; requiring
 1113         that the inspection of vacation rentals be done in
 1114         accordance with specified provisions; specifying
 1115         provisions for inspection of vacation rentals relating
 1116         to the Florida Building Code and the Florida Fire
 1117         Prevention Code; authorizing local governments to
 1118         require that vacation rental owners or their agents
 1119         obtain a local government certificate; specifying the
 1120         information that may be required by a local government
 1121         in connection with applications for certificates;
 1122         authorizing local governments to inspect vacation
 1123         rentals for certain compliance; authorizing local
 1124         governments to assess a specified fee, and to assess
 1125         fines for noncompliance; requiring that enforcement of
 1126         regulations by a local government be in accordance
 1127         with specified provisions; providing that local
 1128         governments may regulate activities in certain
 1129         detached single-family residences; revising the
 1130         preemption of local laws, ordinances, and regulations
 1131         relating to vacation rentals; amending ss. 159.27,
 1132         212.08, 316.1955, 404.056, and 477.0135, F.S.;
 1133         conforming cross-references; amending ss. 509.072,
 1134         509.091, 509.095, 509.101, 509.111, 509.141, 509.142,
 1135         509.144, 509.162, 509.2015, 509.211, 509.2112, and
 1136         509.215, F.S.; conforming provisions to changes made
 1137         by the act; amending s. 509.221, F.S.; revising a
 1138         provision that excludes vacation rentals from certain
 1139         sanitary regulations; specifying, subject to an
 1140         exception, that commercial vacation rentals are
 1141         subject to such regulations; amending s. 509.241,
 1142         F.S.; conforming