Florida Senate - 2018             CS for CS for SB's 1400 & 1640
       
       
        
       By the Committees on Regulated Industries; and Community
       Affairs; and Senators Steube, Simmons, and Brandes
       
       
       
       
       580-03026A-18                                         20181400c2
    1                        A bill to be entitled                      
    2         An act relating to vacation rentals; providing a
    3         directive to the Division of Law Revision and
    4         Information; creating s. 509.601, F.S.; providing a
    5         short title; creating s. 509.603, F.S.; providing
    6         legislative findings; specifying purpose; preempting
    7         certain regulation and control of vacation rentals to
    8         the state; specifying authority of the Division of
    9         Hotels and Restaurants over regulation of vacation
   10         rentals; requiring the division to adopt rules;
   11         providing legislative intent; specifying applicability
   12         of the preemption; creating s. 509.604, F.S.;
   13         preempting licensing of vacation rentals to the state;
   14         requiring vacation rentals to obtain a license;
   15         specifying that individuals cannot transfer licenses;
   16         specifying a penalty for operating without a license;
   17         requiring local law enforcement to assist with
   18         enforcement; specifying that the division may refuse
   19         to issue or renew a license under certain
   20         circumstances; specifying that licenses must be
   21         renewed annually and that the division must adopt
   22         rules for staggered renewals; specifying the manner in
   23         which administrative proceedings proceed upon the
   24         expiration of a license; specifying that persons
   25         intending to use a property as a vacation rental apply
   26         for and receive a license before use; requiring
   27         applications for a license to include the operator’s
   28         emergency contact phone number; requiring the division
   29         to issue a temporary license upon receipt of an
   30         application; requiring such licenses to be displayed
   31         in a vacation rental; creating s. 509.605, F.S.;
   32         requiring the division to adopt rules regarding
   33         certain license and delinquent fees; specifying the
   34         maximum number of units under one license; specifying
   35         requirements regarding such fees; creating s.
   36         509.6051, F.S.; specifying maximum occupancy for
   37         vacation rentals; creating s. 509.606, F.S.; providing
   38         penalties for violations; specifying the circumstances
   39         that constitute a separate offense of a critical law
   40         or rule; specifying circumstances under which a
   41         closed-for-operation sign must be posted; specifying
   42         where administrative fines must be paid and credited
   43         to; specifying the maximum amount of time a vacation
   44         rental license may be suspended; specifying certain
   45         circumstances where the division may fine, suspend, or
   46         revoke the license of a vacation rental; specifying
   47         that persons are not entitled to a license when
   48         administrative proceedings have been or will be
   49         brought against a licensee; providing enforcement for
   50         noncompliance with final orders or other
   51         administrative actions; authorizing the division to
   52         refuse the issuance or renewal of a license until all
   53         fines have been paid; creating s. 509.607, F.S.;
   54         specifying that vacation rentals are to be treated as
   55         transient rentals regarding certain landlord and
   56         tenant provisions; exempting persons renting or
   57         advertising for rent from certain real estate
   58         regulations; creating s. 509.608, F.S.; preempting
   59         inspection of vacation rentals to the state;
   60         specifying that the division is solely responsible for
   61         inspections and quality assurance; specifying that the
   62         division has a right of entry and access for
   63         performing inspections; prohibiting the division from
   64         establishing certain rules; specifying that vacation
   65         rentals must be made available for inspection upon
   66         request; specifying procedures for vulnerable adults
   67         appearing to be victims of neglect and, in the case of
   68         buildings without automatic sprinkler systems, persons
   69         who may not be able to self-preserve in an emergency;
   70         requiring the division to inspect vacation rentals
   71         when necessary to respond to emergencies and
   72         epidemiological conditions; amending s. 509.609, F.S.;
   73         specifying additional requirements when a specified
   74         number of certain vacation rental units that are under
   75         common ownership are rented out for a specified number
   76         of nights per year; specifying inspection requirements
   77         for such vacation rentals; specifying penalties;
   78         requiring the division to audit at least a specified
   79         number such vacation rentals per year; amending s.
   80         509.013, F.S.; revising and defining terms; amending
   81         s. 509.032, F.S.; specifying provisions for inspection
   82         of vacation rentals; revising the requirements of a
   83         report relating to inspection of public lodging and
   84         public food service establishments; specifying that
   85         local governments may regulate activities that arise
   86         when a property is used as a vacation rental, subject
   87         to certain conditions; grandfathering certain local
   88         laws, ordinances, and regulations; requiring the
   89         division to make vacation rental license information
   90         available to the public and local governments;
   91         deleting a prohibition against certain local
   92         regulation of vacation rentals; amending ss. 159.27,
   93         212.08, 316.1955, 404.056, and 477.0135, F.S.;
   94         conforming cross-references; amending ss. 509.072,
   95         509.091, 509.092, 509.095, 509.101, 509.111, 509.141,
   96         509.142, 509.144, 509.162, 509.191, 509.2015, 509.211,
   97         509.2112, and 509.215, F.S.; conforming provisions to
   98         changes made by the act; amending s. 509.221, F.S.;
   99         conforming provisions to changes made by the act;
  100         revising a provision that excludes vacation rentals
  101         from certain sanitary regulations for public lodging;
  102         amending s. 509.241, F.S.; conforming provisions to
  103         changes made by the act; amending s. 509.242, F.S.;
  104         removing vacation rentals from the classifications of
  105         public lodging establishments; amending ss. 509.251,
  106         509.281, 509.302, 509.4005, 509.401, 509.402, 509.405,
  107         509.409, and 509.417, F.S.; conforming provisions to
  108         changes made by the act; amending ss. 553.5041,
  109         717.1355, and 877.24, F.S.; conforming cross
  110         references; providing an effective date.
  111          
  112  Be It Enacted by the Legislature of the State of Florida:
  113  
  114         Section 1. The Division of Law Revision and Information is
  115  directed to create part III of chapter 509, Florida Statutes,
  116  consisting of ss. 509.601-509.609, Florida Statutes, to be
  117  entitled “Vacation Rentals.”
  118         Section 2. Section 509.601, Florida Statutes, is created to
  119  read:
  120         509.601Short title.—This part may be cited as the “Florida
  121  Vacation Rental Act.”
  122         Section 3. Section 509.603, Florida Statutes, is created to
  123  read:
  124         509.603 Legislative findings and purpose; preemption of
  125  subject matter; intent; duties.—
  126         (1) The Legislature finds that:
  127         (a)Property owners who choose to use their property as a
  128  vacation rental have constitutionally protected property rights
  129  and other rights that must be protected, including the right to
  130  use their residential property as a vacation rental;
  131         (b)Vacation rentals play a significant, unique, and
  132  critical role in Florida’s tourism industry, and that role is
  133  different from that of public lodging establishments;
  134         (c)There are factors unique to the ownership and operation
  135  of a vacation rental; and
  136         (d)Vacation rentals are residential in nature and, thus,
  137  belong in residential neighborhoods.
  138         (2)This part is created for the purpose of regulating the
  139  factors unique to vacation rentals. The applicable provisions of
  140  part I of this chapter are hereby deemed incorporated into this
  141  part.
  142         (3) All regulation of vacation rentals is preempted to the
  143  state unless otherwise provided for in this chapter.
  144         (4)The division has the authority to carry out this
  145  chapter.
  146         (5)The division shall adopt rules pursuant to ss.
  147  120.536(1) and 120.54 to implement this part.
  148         (6)The Legislature does not intend for the application of
  149  this part to supersede any current or future declaration or
  150  declaration of condominium enacted pursuant to chapter 718,
  151  cooperative documents enacted pursuant to chapter 719, or
  152  declaration of covenants or declaration enacted pursuant to
  153  chapter 720.
  154         (7) If any provision of this part is held invalid, it is
  155  the legislative intent that the preemption by this section be no
  156  longer applicable to the provision of the part held invalid.
  157         Section 4. Section 509.604, Florida Statutes, is created to
  158  read:
  159         509.604 Licenses required; exceptions.
  160         (1)PREEMPTION.—All licensing of vacation rentals is
  161  preempted to the state.
  162         (2)LICENSES; ANNUAL RENEWALS.—Each vacation rental shall
  163  obtain a license from the division. Such license may not be
  164  transferred from one place or individual to another. It shall be
  165  a misdemeanor of the second degree, punishable as provided in s.
  166  775.082 or s. 775.083, for such a rental to operate without a
  167  license. Local law enforcement shall provide immediate
  168  assistance in pursuing an illegally operating vacation rental.
  169  The division may refuse to issue a license, or a renewal
  170  thereof, to any vacation rental of an operator of which, within
  171  the preceding 5 years, has been adjudicated guilty of, or has
  172  forfeited a bond when charged with, any crime reflecting on
  173  professional character, including soliciting for prostitution,
  174  pandering, letting premises for prostitution, keeping a
  175  disorderly place, or illegally dealing in controlled substances
  176  as defined in chapter 893, whether in this state or in any other
  177  jurisdiction within the United States, or has had a license
  178  denied, revoked, or suspended pursuant to s. 429.14. Licenses
  179  must be renewed annually, and the division shall adopt a rule
  180  establishing a staggered schedule for license renewals. If any
  181  license expires while administrative charges are pending against
  182  the license, the proceedings against the license shall continue
  183  to conclusion as if the license were still in effect.
  184         (3)APPLICATION FOR LICENSE.—Each person intending to use
  185  his or her property as a vacation rental must apply for and
  186  receive a license from the division before the commencement of
  187  such use. The license application must require the operator’s
  188  emergency contact telephone number. The division must
  189  immediately issue a temporary license upon receipt of such
  190  application and such temporary license allows the property to
  191  begin use as a vacation rental while the application is pending
  192  action. The temporary license expires upon final agency action
  193  on the license application.
  194         (4)DISPLAY OF LICENSE.—Any license issued by the division
  195  must be conspicuously displayed in the vacation rental.
  196         Section 5. Section 509.605, Florida Statutes, is created to
  197  read:
  198         509.605 License fees.—
  199         (1)The division shall adopt by rule a fee to be paid by
  200  each vacation rental as a prerequisite to issuance or renewal of
  201  a license. Vacation rental units within separate buildings or at
  202  separate locations but managed by one licensed operator may be
  203  combined in a single license application, and the division shall
  204  charge a license fee as if all units in the application are a
  205  single vacation rental; however, such fee may not exceed $1,000.
  206  The division may only issue a license for a maximum of 75 units
  207  under one license. The rule must require a vacation rental that
  208  applies for an initial license to pay the full license fee if
  209  application is made during the annual renewal period or more
  210  than 6 months before the next such renewal period and one-half
  211  of the fee if application is made 6 months or less before such
  212  period. The rule must also require that fees be collected for
  213  the purpose of funding the Hospitality Education Program,
  214  pursuant to s. 509.302. Such fees must be payable in full for
  215  each application regardless of when the application is
  216  submitted.
  217         (2)Upon making initial application or an application for
  218  change of ownership of a vacation rental, the applicant must pay
  219  to the division a fee as prescribed by rule, not to exceed $50,
  220  in addition to any other fees required by law, which must cover
  221  all costs associated with initiating regulation of the vacation
  222  rental.
  223         (3)A license renewal filed with the division after the
  224  expiration date must be accompanied by a delinquent fee as
  225  prescribed by rule, not to exceed $50, in addition to the
  226  renewal fee and any other fees required by law.
  227         Section 6. Section 509.6051, Florida Statutes, is created
  228  to read:
  229         509.6051Occupancy limits.—Vacation rentals have a maximum
  230  occupancy limit of the lesser of the following:
  231         (1)Four persons plus two additional persons for each
  232  sleeping room.
  233         (2)One person for each 150 square feet of finished area.
  234         Section 7. Section 509.606, Florida Statutes, is created to
  235  read:
  236         509.606 Revocation or suspension of licenses; fines;
  237  procedure.—
  238         (1)Any vacation rental operating in violation of this part
  239  or the rules of the division, operating without a license, or
  240  operating with a suspended or revoked license may be subject by
  241  the division to:
  242         (a)Fines not to exceed $1,000 per offense; and
  243         (b)The suspension, revocation, or refusal of a license
  244  issued pursuant to this chapter.
  245         (2)For the purposes of this section, the division may
  246  regard as a separate offense each day or portion of a day on
  247  which a vacation rental is operated in violation of a “critical
  248  law or rule,” as that term is defined by rule.
  249         (3)The division shall post a prominent closed-for
  250  operation sign on any vacation rental, the license of which has
  251  been suspended or revoked. The division shall also post such
  252  sign on any vacation rental judicially or administratively
  253  determined to be operating without a license. It is a
  254  misdemeanor of the second degree, punishable as provided in s.
  255  775.082 or s. 775.083, for any person to deface or remove such
  256  closed-for-operation sign or for any vacation rental to open for
  257  operation without a license or to open for operation while its
  258  license is suspended or revoked. The division may impose
  259  administrative sanctions for violations of this section.
  260         (4)All funds received by the division as satisfaction for
  261  administrative fines must be paid into the State Treasury to the
  262  credit of the Hotel and Restaurant Trust Fund and may not
  263  subsequently be used for payment to any entity performing
  264  required inspections under contract with the division.
  265  Administrative fines may be used to support division programs
  266  pursuant to s. 509.302(1).
  267         (5)(a)A license may not be suspended under this section
  268  for a period of more than 12 months. At the end of such period
  269  of suspension, the vacation rental may apply for reinstatement
  270  or renewal of the license. A vacation rental, the license of
  271  which is revoked, may not apply for another license for that
  272  location before the date on which the revoked license would have
  273  expired.
  274         (b)The division may fine, suspend, or revoke the license
  275  of any vacation rental if an operator knowingly lets, leases, or
  276  gives space for unlawful gambling purposes or permits unlawful
  277  gambling in such establishment or in or upon any premises which
  278  are used in connection with, and are under the same charge,
  279  control, or management as, such establishment.
  280         (6)The division may fine, suspend, or revoke the license
  281  of any vacation rental when:
  282         (a)Any person with a direct financial interest in the
  283  licensed vacation rental, within the preceding 5 years in this
  284  state, any other state, or the United States, has been
  285  adjudicated guilty of or forfeited a bond when charged with
  286  soliciting for prostitution, pandering, letting premises for
  287  prostitution, keeping a disorderly place, illegally dealing in
  288  controlled substances as defined in chapter 893, or any other
  289  crime reflecting on professional character.
  290         (b)The division has deemed such vacation rental to be an
  291  imminent danger to the public health and safety for failure to
  292  meet sanitation standards, or the division has determined the
  293  vacation rental to be unsafe or unfit for human occupancy.
  294         (c)An advertisement for the vacation rental does not
  295  display the vacation rental license number.
  296         (7)A person is not entitled to the issuance of a license
  297  for any vacation rental except in the discretion of the director
  298  when the division has notified the current licensee for such
  299  premises that administrative proceedings have been or will be
  300  brought against such current licensee for violation of any
  301  provision of this chapter or rule of the division.
  302         (8)The division may fine, suspend, or revoke the license
  303  of any vacation rental when the rental is not in compliance with
  304  the requirements of a final order or other administrative action
  305  issued against the licensee by the division.
  306         (9)The division may refuse to issue or renew the license
  307  of any vacation rental until all outstanding fines are paid in
  308  full to the division as required by all final orders or other
  309  administrative action issued against the licensee by the
  310  division.
  311         Section 8. Section 509.607, Florida Statutes, is created to
  312  read:
  313         509.607 Exemptions.—Vacation rentals are exempt from
  314  chapter 83 in the same manner as transient rentals. Any person,
  315  partnership, corporation, or other legal entity which, for
  316  another and for compensation or other valuable consideration,
  317  rents or advertises for rent a vacation rental licensed under
  318  chapter 509 is exempt from chapter 475.
  319         Section 9. Section 509.608, Florida Statutes, is created to
  320  read:
  321         509.608 Inspection of premises.—
  322         (1)Inspection of vacation rentals is preempted to the
  323  state, and the division has jurisdiction and is solely
  324  responsible for all inspections. The division is solely
  325  responsible for quality assurance.
  326         (2)For purposes of performing inspections and the
  327  enforcement of this chapter, the division has the right of entry
  328  and access to a vacation rental at any reasonable time.
  329         (3)The division may not establish by rule any regulation
  330  governing the design, construction, erection, alteration,
  331  modification, repair, or demolition of any vacation rental.
  332         (4)Vacation rentals must be made available to the division
  333  for inspection upon request. If, during the inspection of a
  334  vacation rental, an inspector identifies vulnerable adults who
  335  appear to be victims of neglect, as defined in s. 415.102, or,
  336  in the case of a building that is not equipped with automatic
  337  sprinkler systems, tenants or clients who may be unable to self
  338  preserve in an emergency, the division shall convene meetings
  339  with the following agencies as appropriate to the individual
  340  situation: the Department of Health, the Department of Elderly
  341  Affairs, the area agency on aging, the local fire marshal, the
  342  landlord and affected tenants and clients, and other relevant
  343  organizations, to develop a plan that improves the prospects for
  344  safety of affected residents and, if necessary, identifies
  345  alternative living arrangements, such as facilities licensed
  346  under part II of chapter 400 or under chapter 429.
  347         (5)The division shall inspect vacation rentals whenever
  348  necessary to respond to an emergency or epidemiological
  349  condition.
  350         Section 10. Section 509.609, Florida Statutes, is created
  351  to read:
  352         509.609Multiple unit vacation rental operators, additional
  353  requirements.—
  354         (1)When 5 or more vacation rentals in multifamily
  355  dwellings are under common ownership and any such vacation
  356  rental is rented out more than 180 days per year, such vacation
  357  rental is subject to the additional requirements of this
  358  section.
  359         (2)In addition to the requirements of s. 509.604:
  360         (a)When applying for an initial license, operators of
  361  vacation rentals subject to this section must identify to the
  362  division each such vacation rental they intend to rent out more
  363  than 180 days during the term of the license. Such vacation
  364  rentals must be subject to the same inspection requirements as
  365  public lodging establishments under s. 509.032(2).
  366         (b)When applying for a license renewal, all vacation
  367  rentals subject to this section which were rented out more than
  368  180 days during the previous licensure period or which are
  369  intended to be rented out more than 180 days during the term of
  370  the license are subject to the same inspection requirements as
  371  public lodging establishments under s. 509.032(2).
  372         (3)Violations of this section subject a vacation rental
  373  that is required to but fails to comply with this section to
  374  license revocation or suspension.
  375         (4) Each year, the division must audit at least 1 percent
  376  of operators who are subject to this section to ensure
  377  compliance. During an audit, the division must request from the
  378  vacation rental operator the register required under s.
  379  509.101(2) to ascertain the number of nights rented.
  380         (5)This section does not apply to single-family houses.
  381         Section 11. Section 509.013, Florida Statutes, is reordered
  382  and amended to read:
  383         509.013 Definitions.—As used in this chapter, the term:
  384         (2)(1) “Division” means the Division of Hotels and
  385  Restaurants of the Department of Business and Professional
  386  Regulation.
  387         (7)(2) “Operator” means the owner, licensee, proprietor,
  388  lessee, manager, assistant manager, or appointed agent of a
  389  public lodging establishment, vacation rental, or public food
  390  service establishment.
  391         (3) “Guest” means any patron, customer, tenant, lodger,
  392  boarder, or occupant of a public lodging establishment, vacation
  393  rental, or public food service establishment.
  394         (9)(4)(a) “Public lodging establishment” includes a
  395  transient public lodging establishment as defined in
  396  subparagraph 1. and a nontransient public lodging establishment
  397  as defined in subparagraph 2.
  398         1. “Transient public lodging establishment” means any unit,
  399  group of units, dwelling, building, or group of buildings within
  400  a single complex of buildings which is rented to guests more
  401  than three times in a calendar year for periods of less than 30
  402  days or 1 calendar month, whichever is less, or which is
  403  advertised or held out to the public as a place regularly rented
  404  to guests.
  405         2. “Nontransient public lodging establishment” means any
  406  unit, group of units, dwelling, building, or group of buildings
  407  within a single complex of buildings which is rented to guests
  408  for periods of at least 30 days or 1 calendar month, whichever
  409  is less, or which is advertised or held out to the public as a
  410  place regularly rented to guests for periods of at least 30 days
  411  or 1 calendar month.
  412  
  413  License classifications of public lodging establishments, and
  414  the definitions therefor, are set out in s. 509.242. For the
  415  purpose of licensure, the term does not include condominium
  416  common elements as defined in s. 718.103.
  417         (b) The following are excluded from the definitions in
  418  paragraph (a):
  419         1. Any dormitory or other living or sleeping facility
  420  maintained by a public or private school, college, or university
  421  for the use of students, faculty, or visitors.
  422         2. Any facility certified or licensed and regulated by the
  423  Agency for Health Care Administration or the Department of
  424  Children and Families or other similar place regulated under s.
  425  381.0072.
  426         3. Any place renting four rental units or less, unless the
  427  rental units are advertised or held out to the public to be
  428  places that are regularly rented to transients.
  429         4. Any unit or group of units in a condominium,
  430  cooperative, or timeshare plan and any individually or
  431  collectively owned one-family, two-family, three-family, or
  432  four-family dwelling house or dwelling unit that is rented for
  433  periods of at least 30 days or 1 calendar month, whichever is
  434  less, and that is not advertised or held out to the public as a
  435  place regularly rented for periods of less than 1 calendar
  436  month, provided that no more than four rental units within a
  437  single complex of buildings are available for rent.
  438         5. Any migrant labor camp or residential migrant housing
  439  permitted by the Department of Health under ss. 381.008
  440  381.00895.
  441         6. Any establishment inspected by the Department of Health
  442  and regulated by chapter 513.
  443         7. Any nonprofit organization that operates a facility
  444  providing housing only to patients, patients’ families, and
  445  patients’ caregivers and not to the general public.
  446         8. Any apartment building inspected by the United States
  447  Department of Housing and Urban Development or other entity
  448  acting on the department’s behalf that is designated primarily
  449  as housing for persons at least 62 years of age. The division
  450  may require the operator of the apartment building to attest in
  451  writing that such building meets the criteria provided in this
  452  subparagraph. The division may adopt rules to implement this
  453  requirement.
  454         9. Any roominghouse, boardinghouse, or other living or
  455  sleeping facility that may not be classified as a hotel, motel,
  456  timeshare project, vacation rental, nontransient apartment, bed
  457  and breakfast inn, or transient apartment under s. 509.242.
  458         10.Any vacation rental.
  459         (8)(5)(a) “Public food service establishment” means any
  460  building, vehicle, place, or structure, or any room or division
  461  in a building, vehicle, place, or structure where food is
  462  prepared, served, or sold for immediate consumption on or in the
  463  vicinity of the premises; called for or taken out by customers;
  464  or prepared before prior to being delivered to another location
  465  for consumption. The term includes a culinary education program,
  466  as defined in s. 381.0072(2), which offers, prepares, serves, or
  467  sells food to the general public, regardless of whether it is
  468  inspected by another state agency for compliance with sanitation
  469  standards.
  470         (b) The following are excluded from the definition in
  471  paragraph (a):
  472         1. Any place maintained and operated by a public or private
  473  school, college, or university:
  474         a. For the use of students and faculty; or
  475         b. Temporarily to serve such events as fairs, carnivals,
  476  food contests, cook-offs, and athletic contests.
  477         2. Any eating place maintained and operated by a church or
  478  a religious, nonprofit fraternal, or nonprofit civic
  479  organization:
  480         a. For the use of members and associates; or
  481         b. Temporarily to serve such events as fairs, carnivals,
  482  food contests, cook-offs, or athletic contests.
  483  
  484  Upon request by the division, a church or a religious, nonprofit
  485  fraternal, or nonprofit civic organization claiming an exclusion
  486  under this subparagraph must provide the division documentation
  487  of its status as a church or a religious, nonprofit fraternal,
  488  or nonprofit civic organization.
  489         3. Any eating place maintained and operated by an
  490  individual or entity at a food contest, cook-off, or a temporary
  491  event lasting from 1 to 3 days which is hosted by a church or a
  492  religious, nonprofit fraternal, or nonprofit civic organization.
  493  Upon request by the division, the event host must provide the
  494  division documentation of its status as a church or a religious,
  495  nonprofit fraternal, or nonprofit civic organization.
  496         4. Any eating place located on an airplane, train, bus, or
  497  watercraft which is a common carrier.
  498         5. Any eating place maintained by a facility certified or
  499  licensed and regulated by the Agency for Health Care
  500  Administration or the Department of Children and Families or
  501  other similar place that is regulated under s. 381.0072.
  502         6. Any place of business issued a permit or inspected by
  503  the Department of Agriculture and Consumer Services under s.
  504  500.12.
  505         7. Any place of business where the food available for
  506  consumption is limited to ice, beverages with or without
  507  garnishment, popcorn, or prepackaged items sold without
  508  additions or preparation.
  509         8. Any theater, if the primary use is as a theater and if
  510  patron service is limited to food items customarily served to
  511  the admittees of theaters.
  512         9. Any vending machine that dispenses any food or beverages
  513  other than potentially hazardous foods, as defined by division
  514  rule.
  515         10. Any vending machine that dispenses potentially
  516  hazardous food and which is located in a facility regulated
  517  under s. 381.0072.
  518         11. Any research and development test kitchen limited to
  519  the use of employees and which is not open to the general
  520  public.
  521         (1)(6) “Director” means the Director of the Division of
  522  Hotels and Restaurants of the Department of Business and
  523  Professional Regulation.
  524         (10)(7) “Single complex of buildings” means all buildings
  525  or structures that are owned, managed, controlled, or operated
  526  under one business name and are situated on the same tract or
  527  plot of land that is not separated by a public street or
  528  highway.
  529         (11)(8) “Temporary food service event” means any event of
  530  30 days or less in duration where food is prepared, served, or
  531  sold to the general public.
  532         (12)(9) “Theme park or entertainment complex” means a
  533  complex consisting comprised of at least 25 contiguous acres
  534  owned and controlled by the same business entity and which
  535  contains permanent exhibitions and a variety of recreational
  536  activities and has a minimum of 1 million visitors annually.
  537         (13)(10) “Third-party provider” means, for purposes of s.
  538  509.049, any provider of an approved food safety training
  539  program that provides training or such a training program to a
  540  public food service establishment that is not under common
  541  ownership or control with the provider.
  542         (15)(11) “Transient establishment” means any public lodging
  543  establishment that is rented or leased to guests by an operator
  544  whose intention is that such guests’ occupancy will be
  545  temporary.
  546         (16)(12) “Transient occupancy” means occupancy when it is
  547  the intention of the parties that the occupancy will be
  548  temporary. There is a rebuttable presumption that, when the
  549  dwelling unit occupied is not the sole residence of the guest,
  550  the occupancy is transient.
  551         (14)(13) “Transient” means a guest in transient occupancy.
  552         (5)(14) “Nontransient establishment” means any public
  553  lodging establishment that is rented or leased to guests by an
  554  operator whose intention is that the dwelling unit occupied will
  555  be the sole residence of the guest.
  556         (6)(15) “Nontransient occupancy” means any occupancy in
  557  which when it is the intention of the parties that such the
  558  occupancy will not be temporary. There is a rebuttable
  559  presumption that, when the dwelling unit occupied is the sole
  560  residence of the guest, the occupancy is nontransient.
  561         (4)(16) “Nontransient” means a guest in nontransient
  562  occupancy.
  563         (17)“Vacation rental” means any unit or group of units in
  564  a condominium or cooperative or any individually or collectively
  565  owned single-family, two-family, three-family, or four-family
  566  house or dwelling that is rented to guests more than three times
  567  in a calendar year for periods of less than 30 days or 1
  568  calendar month, whichever is less, but that is not a timeshare
  569  project.
  570         Section 12. Paragraphs (a) and (d) of subsection (2),
  571  paragraph (c) of subsection (3), subsection (5), and subsection
  572  (7) of section 509.032, Florida Statutes, are amended to read:
  573         509.032 Duties.—
  574         (2) INSPECTION OF PREMISES.—
  575         (a) The division has jurisdiction and is responsible for
  576  all inspections required by this chapter. The inspection of
  577  vacation rentals shall be done in accordance with part III of
  578  this chapter. The division is responsible for quality assurance.
  579  The division shall inspect each licensed public lodging
  580  establishment at least biannually, except for transient and
  581  nontransient apartments, which shall be inspected at least
  582  annually. Each establishment licensed by the division shall be
  583  inspected at such other times as the division determines is
  584  necessary to ensure the public’s health, safety, and welfare.
  585  The division shall adopt by rule a risk-based inspection
  586  frequency for each licensed public food service establishment.
  587  The rule must require at least one, but not more than four,
  588  routine inspections that must be performed annually, and may
  589  include guidelines that consider the inspection and compliance
  590  history of a public food service establishment, the type of food
  591  and food preparation, and the type of service. The division
  592  shall reassess the inspection frequency of all licensed public
  593  food service establishments at least annually. Public lodging
  594  units classified as vacation rentals or timeshare projects are
  595  not subject to this requirement but shall be made available to
  596  the division upon request. If, during the inspection of a public
  597  lodging establishment classified for renting to transient or
  598  nontransient tenants, an inspector identifies vulnerable adults
  599  who appear to be victims of neglect, as defined in s. 415.102,
  600  or, in the case of a building that is not equipped with
  601  automatic sprinkler systems, tenants or clients who may be
  602  unable to self-preserve in an emergency, the division shall
  603  convene meetings with the following agencies as appropriate to
  604  the individual situation: the Department of Health, the
  605  Department of Elderly Affairs, the area agency on aging, the
  606  local fire marshal, the landlord and affected tenants and
  607  clients, and other relevant organizations, to develop a plan
  608  that improves the prospects for safety of affected residents
  609  and, if necessary, identifies alternative living arrangements
  610  such as facilities licensed under part II of chapter 400 or
  611  under chapter 429.
  612         (d) The division shall adopt and enforce sanitation rules
  613  consistent with law to ensure the protection of the public from
  614  food-borne illness in those establishments licensed under this
  615  chapter. These rules shall provide the standards and
  616  requirements for obtaining, storing, preparing, processing,
  617  serving, or displaying food in public food service
  618  establishments, approving public food service establishment
  619  facility plans, conducting necessary public food service
  620  establishment inspections for compliance with sanitation
  621  regulations, cooperating and coordinating with the Department of
  622  Health in epidemiological investigations, and initiating
  623  enforcement actions, and for other such responsibilities deemed
  624  necessary by the division. The division may not establish by
  625  rule any regulation governing the design, construction,
  626  erection, alteration, modification, repair, or demolition of any
  627  public lodging or public food service establishment. It is the
  628  intent of the Legislature to preempt that function to the
  629  Florida Building Commission and the State Fire Marshal through
  630  adoption and maintenance of the Florida Building Code and the
  631  Florida Fire Prevention Code. The division shall provide
  632  technical assistance to the commission in updating the
  633  construction standards of the Florida Building Code which govern
  634  public lodging and public food service establishments. Further,
  635  the division shall enforce the provisions of the Florida
  636  Building Code which apply to public lodging and public food
  637  service establishments in conducting any inspections authorized
  638  by this part. The division, or its agent, shall notify the local
  639  firesafety authority or the State Fire Marshal of any readily
  640  observable violation of a rule adopted under chapter 633 which
  641  relates to public lodging establishments, vacation rental, or
  642  public food establishments, and the identification of such
  643  violation does not require any firesafety inspection
  644  certification.
  645         (3) SANITARY STANDARDS; EMERGENCIES; TEMPORARY FOOD SERVICE
  646  EVENTS.—The division shall:
  647         (c) Administer a public notification process for temporary
  648  food service events and distribute educational materials that
  649  address safe food storage, preparation, and service procedures.
  650         1. Sponsors of temporary food service events shall notify
  651  the division not less than 3 days before the scheduled event of
  652  the type of food service proposed, the time and location of the
  653  event, a complete list of food service vendors participating in
  654  the event, the number of individual food service facilities each
  655  vendor will operate at the event, and the identification number
  656  of each food service vendor’s current license as a public food
  657  service establishment or temporary food service event licensee.
  658  Notification may be completed orally, by telephone, in person,
  659  or in writing. A public food service establishment or food
  660  service vendor may not use this notification process to
  661  circumvent the license requirements of this chapter.
  662         2. The division shall keep a record of all notifications
  663  received for proposed temporary food service events and shall
  664  provide appropriate educational materials to the event sponsors
  665  and notify the event sponsors of the availability of the food
  666  recovery brochure developed under s. 595.420.
  667         3.a. Unless excluded under s. 509.013(8)(b) s.
  668  509.013(5)(b), a public food service establishment or other food
  669  service vendor must obtain one of the following classes of
  670  license from the division: an individual license, for a fee of
  671  no more than $105, for each temporary food service event in
  672  which it participates; or an annual license, for a fee of no
  673  more than $1,000, that entitles the licensee to participate in
  674  an unlimited number of food service events during the license
  675  period. The division shall establish license fees, by rule, and
  676  may limit the number of food service facilities a licensee may
  677  operate at a particular temporary food service event under a
  678  single license.
  679         b. Public food service establishments holding current
  680  licenses from the division may operate under the regulations of
  681  such a license at temporary food service events.
  682         (5) REPORTS REQUIRED.—The division shall submit annually to
  683  the Governor, the President of the Senate, the Speaker of the
  684  House of Representatives, and the chairs of the legislative
  685  appropriations committees a report, which shall state, but need
  686  not be limited to, the total number of active public lodging and
  687  public food service licenses in the state, the total number of
  688  inspections of these establishments conducted by the division to
  689  ensure the enforcement of sanitary standards, the total number
  690  of inspections conducted in response to emergency or
  691  epidemiological conditions, the number of violations of each
  692  sanitary standard, the total number of inspections conducted to
  693  meet the statutorily required number of inspections, and any
  694  recommendations for improved inspection procedures. The division
  695  shall also keep accurate account of all expenses arising out of
  696  the performance of its duties and all fees collected under this
  697  chapter. The report shall be submitted by September 30 following
  698  the end of the fiscal year. This report must also include
  699  vacation rentals, as applicable.
  700         (7) LOCAL REGULATION PREEMPTION AUTHORITY.—
  701         (a) The regulation of public lodging establishments and
  702  public food service establishments, including, but not limited
  703  to, sanitation standards, inspections, training and testing of
  704  personnel, and matters related to the nutritional content and
  705  marketing of foods offered in such establishments, is preempted
  706  to the state. This paragraph does not preempt the authority of a
  707  local government or local enforcement district to conduct
  708  inspections of public lodging and public food service
  709  establishments for compliance with the Florida Building Code and
  710  the Florida Fire Prevention Code, pursuant to ss. 553.80 and
  711  633.206.
  712         (b)1.A local government may regulate activities that arise
  713  when a property is used as a vacation rental only when such
  714  regulation applies uniformly to all residential properties
  715  without regard to whether the property is used as a vacation
  716  rental or as a long-term rental subject to part II of chapter 83
  717  or whether a property owner chooses not to rent the property.
  718  Such regulation also may not prohibit vacation rentals or
  719  regulate the duration or frequency of a rental. This
  720  subparagraph does not apply to any local law, ordinance, or
  721  regulation adopted on or before June 1, 2011, including when
  722  such local law, ordinance, or regulation is being amended to be
  723  less restrictive.
  724         2.The division shall make the vacation rental license
  725  information required under this chapter, including the
  726  operator’s emergency contact information, available to the
  727  public and local governments. Local governments may use this
  728  license information for informational purposes only. A local
  729  law, ordinance, or regulation may not prohibit vacation rentals
  730  or regulate the duration or frequency of rental of vacation
  731  rentals. This paragraph does not apply to any local law,
  732  ordinance, or regulation adopted on or before June 1, 2011.
  733         (c) Subparagraph (b)1. Paragraph (b) does not apply to any
  734  local law, ordinance, or regulation exclusively relating to
  735  property valuation as a criterion for vacation rental if the
  736  local law, ordinance, or regulation is required to be approved
  737  by the state land planning agency pursuant to an area of
  738  critical state concern designation.
  739         Section 13. Subsection (12) of section 159.27, Florida
  740  Statutes, is amended to read:
  741         159.27 Definitions.—The following words and terms, unless
  742  the context clearly indicates a different meaning, shall have
  743  the following meanings:
  744         (12) “Public lodging or restaurant facility” means property
  745  used for any public lodging establishment as defined in s.
  746  509.242 or public food service establishment as defined in s.
  747  509.013 s. 509.013(5) if it is part of the complex of, or
  748  necessary to, another facility qualifying under this part.
  749         Section 14. Paragraph (jj) of subsection (7) of section
  750  212.08, Florida Statutes, is amended to read:
  751         212.08 Sales, rental, use, consumption, distribution, and
  752  storage tax; specified exemptions.—The sale at retail, the
  753  rental, the use, the consumption, the distribution, and the
  754  storage to be used or consumed in this state of the following
  755  are hereby specifically exempt from the tax imposed by this
  756  chapter.
  757         (7) MISCELLANEOUS EXEMPTIONS.—Exemptions provided to any
  758  entity by this chapter do not inure to any transaction that is
  759  otherwise taxable under this chapter when payment is made by a
  760  representative or employee of the entity by any means,
  761  including, but not limited to, cash, check, or credit card, even
  762  when that representative or employee is subsequently reimbursed
  763  by the entity. In addition, exemptions provided to any entity by
  764  this subsection do not inure to any transaction that is
  765  otherwise taxable under this chapter unless the entity has
  766  obtained a sales tax exemption certificate from the department
  767  or the entity obtains or provides other documentation as
  768  required by the department. Eligible purchases or leases made
  769  with such a certificate must be in strict compliance with this
  770  subsection and departmental rules, and any person who makes an
  771  exempt purchase with a certificate that is not in strict
  772  compliance with this subsection and the rules is liable for and
  773  shall pay the tax. The department may adopt rules to administer
  774  this subsection.
  775         (jj) Complimentary meals.—Also exempt from the tax imposed
  776  by this chapter are food or drinks that are furnished as part of
  777  a packaged room rate by any person offering for rent or lease
  778  any transient living accommodations as described in s.
  779  509.013(9)(a) s. 509.013(4)(a) which are licensed under part I
  780  of chapter 509 and which are subject to the tax under s. 212.03,
  781  if a separate charge or specific amount for the food or drinks
  782  is not shown. Such food or drinks are considered to be sold at
  783  retail as part of the total charge for the transient living
  784  accommodations. Moreover, the person offering the accommodations
  785  is not considered to be the consumer of items purchased in
  786  furnishing such food or drinks and may purchase those items
  787  under conditions of a sale for resale.
  788         Section 15. Paragraph (b) of subsection (4) of section
  789  316.1955, Florida Statutes, is amended to read:
  790         316.1955 Enforcement of parking requirements for persons
  791  who have disabilities.—
  792         (4)
  793         (b) Notwithstanding paragraph (a), a theme park or an
  794  entertainment complex as defined in s. 509.013 s. 509.013(9)
  795  which provides parking in designated areas for persons who have
  796  disabilities may allow any vehicle that is transporting a person
  797  who has a disability to remain parked in a space reserved for
  798  persons who have disabilities throughout the period the theme
  799  park is open to the public for that day.
  800         Section 16. Subsection (5) of section 404.056, Florida
  801  Statutes, is amended to read:
  802         404.056 Environmental radiation standards and projects;
  803  certification of persons performing measurement or mitigation
  804  services; mandatory testing; notification on real estate
  805  documents; rules.—
  806         (5) NOTIFICATION ON REAL ESTATE DOCUMENTS.—Notification
  807  shall be provided on at least one document, form, or application
  808  executed at the time of, or prior to, contract for sale and
  809  purchase of any building or execution of a rental agreement for
  810  any building. Such notification shall contain the following
  811  language:
  812  
  813         “RADON GAS: Radon is a naturally occurring radioactive gas
  814  that, when it has accumulated in a building in sufficient
  815  quantities, may present health risks to persons who are exposed
  816  to it over time. Levels of radon that exceed federal and state
  817  guidelines have been found in buildings in Florida. Additional
  818  information regarding radon and radon testing may be obtained
  819  from your county health department.”
  820  
  821  The requirements of this subsection do not apply to any
  822  residential transient occupancy, as described in s. 509.013(16)
  823  s. 509.013(12), provided that such occupancy is 45 days or less
  824  in duration.
  825         Section 17. Subsection (6) of section 477.0135, Florida
  826  Statutes, is amended to read:
  827         477.0135 Exemptions.—
  828         (6) A license is not required of any individual providing
  829  makeup or special effects services in a theme park or
  830  entertainment complex to an actor, stunt person, musician,
  831  extra, or other talent, or providing makeup or special effects
  832  services to the general public. The term “theme park or
  833  entertainment complex” has the same meaning as in s. 509.013 s.
  834  509.013(9).
  835         Section 18. Subsection (1) of section 509.072, Florida
  836  Statutes, is amended to read:
  837         509.072 Hotel and Restaurant Trust Fund; collection and
  838  disposition of moneys received.—
  839         (1) There is created a Hotel and Restaurant Trust Fund to
  840  be used for the administration and operation of the division and
  841  the carrying out of all laws and rules under the jurisdiction of
  842  the division pertaining to the construction, maintenance, and
  843  operation of public lodging establishments, vacation rentals,
  844  and public food service establishments, including the inspection
  845  of elevators as required under chapter 399. All funds collected
  846  by the division and the amounts paid for licenses and fees shall
  847  be deposited in the State Treasury into the Hotel and Restaurant
  848  Trust Fund.
  849         Section 19. Section 509.091, Florida Statutes, is amended
  850  to read:
  851         509.091 Notices; form and service.—
  852         (1) Each notice served by the division pursuant to this
  853  chapter must be in writing and must be delivered personally by
  854  an agent of the division or by registered letter to the operator
  855  of the public lodging establishment, vacation rental, or public
  856  food service establishment. If the operator refuses to accept
  857  service or evades service or the agent is otherwise unable to
  858  effect service after due diligence, the division may post such
  859  notice in a conspicuous place at the establishment.
  860         (2) Notwithstanding subsection (1), the division may
  861  deliver lodging inspection reports and food service inspection
  862  reports to the operator of the public lodging establishment,
  863  vacation rental, or public food service establishment by
  864  electronic means.
  865         Section 20. Section 509.092, Florida Statutes, is amended
  866  to read:
  867         509.092 Public lodging establishments, vacation rentals,
  868  and public food service establishments; rights as private
  869  enterprises.—Public lodging establishments and public food
  870  service establishments are private enterprises, and the operator
  871  has the right to refuse accommodations or service to any person
  872  who is objectionable or undesirable to the operator, but such
  873  refusal may not be based upon race, creed, color, sex,
  874  pregnancy, physical disability, or national origin. A person
  875  aggrieved by a violation of this section or a violation of a
  876  rule adopted under this section has a right of action pursuant
  877  to s. 760.11.
  878         Section 21. Section 509.095, Florida Statutes, is amended
  879  to read:
  880         509.095 Accommodations at public lodging establishments or
  881  vacation rentals for individuals with a valid military
  882  identification card.—Upon the presentation of a valid military
  883  identification card by an individual who is currently on active
  884  duty as a member of the United States Armed Forces, National
  885  Guard, Reserve Forces, or Coast Guard, and who seeks to obtain
  886  accommodations at a hotel, motel, or bed and breakfast inn, as
  887  defined in s. 509.242, or vacation rental, such hotel, motel, or
  888  bed and breakfast inn, or vacation rental shall waive any
  889  minimum age policy that it may have which restricts
  890  accommodations to individuals based on age. Duplication of a
  891  military identification card presented pursuant to this section
  892  is prohibited.
  893         Section 22. Subsections (1) and (2) of section 509.101,
  894  Florida Statutes, are amended to read:
  895         509.101 Establishment rules; posting of notice; food
  896  service inspection report; maintenance of guest register; mobile
  897  food dispensing vehicle registry.—
  898         (1) Any operator of a public lodging establishment,
  899  vacation rental, or a public food service establishment may
  900  establish reasonable rules and regulations for the management of
  901  the establishment and its guests and employees; and each guest
  902  or employee staying, sojourning, eating, or employed in the
  903  establishment shall conform to and abide by such rules and
  904  regulations so long as the guest or employee remains in or at
  905  the establishment. Such rules and regulations shall be deemed to
  906  be a special contract between the operator and each guest or
  907  employee using the services or facilities of the operator. Such
  908  rules and regulations shall control the liabilities,
  909  responsibilities, and obligations of all parties. Any rules or
  910  regulations established pursuant to this section shall be
  911  printed in the English language and posted in a prominent place
  912  within such public lodging establishment, vacation rental, or
  913  public food service establishment. In addition, any operator of
  914  a public food service establishment shall maintain a copy of the
  915  latest food service inspection report and shall make it
  916  available to the division at the time of any division inspection
  917  of the establishment and to the public, upon request.
  918         (2) It is the duty of each operator of a transient
  919  establishment or vacation rental to maintain at all times a
  920  register of, signed by or for guests who occupy rental units
  921  within the establishment, showing the dates upon which the
  922  rental units were occupied by such guests and the rates charged
  923  for their occupancy. This register shall be maintained in
  924  chronological order and available for inspection by the division
  925  at any time. Operators need not make available registers which
  926  are more than 2 years old.
  927         Section 23. Section 509.111, Florida Statutes, is amended
  928  to read:
  929         509.111 Liability for property of guests.—
  930         (1) The operator of a public lodging establishment or
  931  vacation rental is not under any obligation to accept for
  932  safekeeping any moneys, securities, jewelry, or precious stones
  933  of any kind belonging to any guest, and, if such are accepted
  934  for safekeeping, the operator is not liable for the loss thereof
  935  unless such loss was the proximate result of fault or negligence
  936  of the operator. However, the liability of the operator shall be
  937  limited to $1,000 for such loss, if the public lodging
  938  establishment or vacation rental gave a receipt for the property
  939  (stating the value) on a form which stated, in type large enough
  940  to be clearly noticeable, that the public lodging establishment
  941  or vacation rental was not liable for any loss exceeding $1,000
  942  and was only liable for that amount if the loss was the
  943  proximate result of fault or negligence of the operator.
  944         (2) The operator of a public lodging establishment or
  945  vacation rental is not liable or responsible to any guest for
  946  the loss of wearing apparel, goods, or other property, except as
  947  provided in subsection (1), unless such loss occurred as the
  948  proximate result of fault or negligence of such operator, and,
  949  in case of fault or negligence, the operator is not liable for a
  950  greater sum than $500, unless the guest, before prior to the
  951  loss or damage, files with the operator an inventory of the
  952  guest’s effects and the value thereof and the operator is given
  953  the opportunity to inspect such effects and check them against
  954  such inventory. The operator of a public lodging establishment
  955  or vacation rental is not liable or responsible to any guest for
  956  the loss of effects listed in such inventory in a total amount
  957  exceeding $1,000.
  958         Section 24. Section 509.141, Florida Statutes, is amended
  959  to read:
  960         509.141 Refusal of admission and ejection of undesirable
  961  guests; notice; procedure; penalties for refusal to leave.—
  962         (1) The operator of any public lodging establishment,
  963  vacation rental, or public food service establishment may remove
  964  or cause to be removed from such establishment, in the manner
  965  hereinafter provided, any guest of the establishment who, while
  966  on the premises of the establishment, illegally possesses or
  967  deals in controlled substances as defined in chapter 893 or is
  968  intoxicated, profane, lewd, or brawling; who indulges in any
  969  language or conduct which disturbs the peace and comfort of
  970  other guests or which injures the reputation, dignity, or
  971  standing of the establishment; who, in the case of a public
  972  lodging establishment or vacation rental, fails to make payment
  973  of rent at the agreed-upon rental rate by the agreed-upon
  974  checkout time; who, in the case of a public lodging
  975  establishment or vacation rental, fails to check out by the time
  976  agreed upon in writing by the guest and public lodging
  977  establishment or vacation rental at check-in unless an extension
  978  of time is agreed to by the public lodging establishment or
  979  vacation rental and guest before prior to checkout; who, in the
  980  case of a public food service establishment, fails to make
  981  payment for food, beverages, or services; or who, in the opinion
  982  of the operator, is a person the continued entertainment of whom
  983  would be detrimental to such establishment. The admission to, or
  984  the removal from, such establishment may shall not be based upon
  985  race, creed, color, sex, physical disability, or national
  986  origin.
  987         (2) The operator of any public lodging establishment,
  988  vacation rental, or public food service establishment shall
  989  notify such guest that the establishment no longer desires to
  990  entertain the guest and shall request that such guest
  991  immediately depart from the establishment. Such notice may be
  992  given orally or in writing. If the notice is in writing, it
  993  shall be as follows:
  994  
  995         “You are hereby notified that this establishment no longer
  996  desires to entertain you as its guest, and you are requested to
  997  leave at once. To remain after receipt of this notice is a
  998  misdemeanor under the laws of this state.”
  999  
 1000  If such guest has paid in advance, the establishment shall, at
 1001  the time such notice is given, tender to such guest the unused
 1002  portion of the advance payment; however, the establishment may
 1003  withhold payment for each full day that the guest has been
 1004  entertained at the establishment for any portion of the 24-hour
 1005  period of such day.
 1006         (3) Any guest who remains or attempts to remain in any such
 1007  establishment after being requested to leave commits is guilty
 1008  of a misdemeanor of the second degree, punishable as provided in
 1009  s. 775.082 or s. 775.083.
 1010         (4) If any person is illegally on the premises of any
 1011  public lodging establishment, vacation rental, or public food
 1012  service establishment, the operator of such establishment may
 1013  call upon any law enforcement officer of this state for
 1014  assistance. It is the duty of such law enforcement officer, upon
 1015  the request of such operator, to place under arrest and take
 1016  into custody for violation of this section any guest who
 1017  violates subsection (3) in the presence of the officer. If a
 1018  warrant has been issued by the proper judicial officer for the
 1019  arrest of any violator of subsection (3), the officer shall
 1020  serve the warrant, arrest the person, and take the person into
 1021  custody. Upon arrest, with or without warrant, the guest will be
 1022  deemed to have given up any right to occupancy or to have
 1023  abandoned such right of occupancy of the premises, and the
 1024  operator of the establishment may then make such premises
 1025  available to other guests. However, the operator of the
 1026  establishment shall employ all reasonable and proper means to
 1027  care for any personal property which may be left on the premises
 1028  by such guest and shall refund any unused portion of moneys paid
 1029  by such guest for the occupancy of such premises.
 1030         Section 25. Section 509.142, Florida Statutes, is amended
 1031  to read:
 1032         509.142 Conduct on premises; refusal of service.—The
 1033  operator of a public lodging establishment, vacation rental, or
 1034  public food service establishment may refuse accommodations or
 1035  service to any person whose conduct on the premises of the
 1036  establishment displays intoxication, profanity, lewdness, or
 1037  brawling; who indulges in language or conduct such as to disturb
 1038  the peace or comfort of other guests; who engages in illegal or
 1039  disorderly conduct; who illegally possesses or deals in
 1040  controlled substances as defined in chapter 893; or whose
 1041  conduct constitutes a nuisance. Such refusal may not be based
 1042  upon race, creed, color, sex, physical disability, or national
 1043  origin.
 1044         Section 26. Section 509.144, Florida Statutes, is amended
 1045  to read:
 1046         509.144 Prohibited handbill distribution in a public
 1047  lodging establishment or vacation rental; penalties.—
 1048         (1) As used in this section, the term:
 1049         (a) “Handbill” means a flier, leaflet, pamphlet, or other
 1050  written material that advertises, promotes, or informs persons
 1051  about a person, business, company, or food service establishment
 1052  but does not include employee communications permissible under
 1053  the National Labor Relations Act, other communications protected
 1054  by the First Amendment to the United States Constitution, or
 1055  communications about public health, safety, or welfare
 1056  distributed by a federal, state, or local governmental entity or
 1057  a public or private utility.
 1058         (b) “Without permission” means without the expressed
 1059  written permission of the owner, manager, or agent of the owner
 1060  or manager of the public lodging establishment or vacation
 1061  rental where a sign is posted prohibiting advertising or
 1062  solicitation in the manner provided in subsection (5).
 1063         (c) “At or in a public lodging establishment or vacation
 1064  rental” means any property under the sole ownership or control
 1065  of a public lodging establishment or vacation rental.
 1066         (2) Any person, agent, contractor, or volunteer who is
 1067  acting on behalf of a person, business, company, or food service
 1068  establishment and who, without permission, delivers,
 1069  distributes, or places, or attempts to deliver, distribute, or
 1070  place, a handbill at or in a public lodging establishment or
 1071  vacation rental commits a misdemeanor of the first degree,
 1072  punishable as provided in s. 775.082 or s. 775.083.
 1073         (3) Any person who, without permission, directs another
 1074  person to deliver, distribute, or place, or attempts to deliver,
 1075  distribute, or place, a handbill at or in a public lodging
 1076  establishment or vacation rental commits a misdemeanor of the
 1077  first degree, punishable as provided in s. 775.082 or s.
 1078  775.083. Any person sentenced under this subsection shall be
 1079  ordered to pay a minimum fine of $500 in addition to any other
 1080  penalty imposed by the court.
 1081         (4) In addition to any penalty imposed by the court, a
 1082  person who violates subsection (2) or subsection (3) must:
 1083         (a) Shall Pay a minimum fine of $2,000 for a second
 1084  violation.
 1085         (b) Shall Pay a minimum fine of $3,000 for a third or
 1086  subsequent violation.
 1087         (5) For purposes of this section, a public lodging
 1088  establishment or vacation rental that intends to prohibit
 1089  advertising or solicitation, as described in this section, at or
 1090  in such establishment must comply with the following
 1091  requirements when posting a sign prohibiting such solicitation
 1092  or advertising:
 1093         (a) There must appear prominently on any sign referred to
 1094  in this subsection, in letters of not less than 2 inches in
 1095  height, the terms “no advertising” or “no solicitation” or terms
 1096  that indicate the same meaning.
 1097         (b) The sign must be posted conspicuously.
 1098         (c) If the main office of a the public lodging
 1099  establishment is immediately accessible by entering the office
 1100  through a door from a street, parking lot, grounds, or other
 1101  area outside such establishment, the sign must be placed on a
 1102  part of the main office, such as a door or window, and the sign
 1103  must face the street, parking lot, grounds, or other area
 1104  outside such establishment.
 1105         (d) If the main office of a the public lodging
 1106  establishment is not immediately accessible by entering the
 1107  office through a door from a street, parking lot, grounds, or
 1108  other area outside such establishment, the sign must be placed
 1109  in the immediate vicinity of the main entrance to such
 1110  establishment, and the sign must face the street, parking lot,
 1111  grounds, or other area outside such establishment.
 1112         (6) Any personal property, including, but not limited to,
 1113  any vehicle, item, object, tool, device, weapon, machine, money,
 1114  security, book, or record, that is used or attempted to be used
 1115  as an instrumentality in the commission of, or in aiding and
 1116  abetting in the commission of, a person’s third or subsequent
 1117  violation of this section, whether or not comprising an element
 1118  of the offense, is subject to seizure and forfeiture under the
 1119  Florida Contraband Forfeiture Act.
 1120         Section 27. Subsections (1), (2), and (3) of section
 1121  509.162, Florida Statutes, are amended to read:
 1122         509.162 Theft of personal property; detaining and arrest of
 1123  violator; theft by employee.—
 1124         (1) Any law enforcement officer or operator of a public
 1125  lodging establishment, vacation rental, or public food service
 1126  establishment who has probable cause to believe that theft of
 1127  personal property belonging to such establishment has been
 1128  committed by a person and that the officer or operator can
 1129  recover such property or the reasonable value thereof by taking
 1130  the person into custody may, for the purpose of attempting to
 1131  effect such recovery or for prosecution, take such person into
 1132  custody on the premises and detain such person in a reasonable
 1133  manner and for a reasonable period of time. If the operator
 1134  takes the person into custody, a law enforcement officer shall
 1135  be called to the scene immediately. The taking into custody and
 1136  detention by a law enforcement officer or operator of a public
 1137  lodging establishment, vacation rental, or public food service
 1138  establishment, if done in compliance with this subsection, does
 1139  not render such law enforcement officer or operator criminally
 1140  or civilly liable for false arrest, false imprisonment, or
 1141  unlawful detention.
 1142         (2) Any law enforcement officer may arrest, either on or
 1143  off the premises and without warrant, any person if there is
 1144  probable cause to believe that person has committed theft in a
 1145  public lodging establishment, vacation rental, or in a public
 1146  food service establishment.
 1147         (3) Any person who resists the reasonable effort of a law
 1148  enforcement officer or operator of a public lodging
 1149  establishment, vacation rental, or public food service
 1150  establishment to recover property which the law enforcement
 1151  officer or operator had probable cause to believe had been
 1152  stolen from the public lodging establishment, vacation rental,
 1153  or public food service establishment, and who is subsequently
 1154  found to be guilty of theft of the subject property, is guilty
 1155  of a misdemeanor of the first degree, punishable as provided in
 1156  s. 775.082 or s. 775.083, unless such person did not know, or
 1157  did not have reason to know, that the person seeking to recover
 1158  the property was a law enforcement officer or the operator. For
 1159  purposes of this section, the charge of theft and the charge of
 1160  resisting apprehension may be tried concurrently.
 1161         Section 28. Section 509.191, Florida Statutes, is amended
 1162  to read:
 1163         509.191 Unclaimed property.—Any property with an
 1164  identifiable owner which is left in a public lodging
 1165  establishment, vacation rental, or public food service
 1166  establishment, other than property belonging to a guest who has
 1167  vacated the premises without notice to the operator and with an
 1168  outstanding account, which property remains unclaimed after
 1169  being held by the establishment for 30 days after written notice
 1170  to the guest or owner of the property, shall become the property
 1171  of the establishment. Property without an identifiable owner
 1172  which is found in a public lodging establishment, vacation
 1173  rental, or public food service establishment is subject to the
 1174  provisions of chapter 705.
 1175         Section 29. Section 509.2015, Florida Statutes, is amended
 1176  to read:
 1177         509.2015 Telephone surcharges by public lodging
 1178  establishments and vacation rentals.—
 1179         (1) A public lodging establishment or vacation rental that
 1180  which imposes a surcharge for any telephone call must post
 1181  notice of such surcharge in a conspicuous place located by each
 1182  telephone from which a call which is subject to a surcharge may
 1183  originate. Such notice must be plainly visible and printed on a
 1184  sign that is not less than 3 inches by 5 inches in size, and
 1185  such notice shall clearly state if the surcharge applies whether
 1186  or not the telephone call has been attempted or completed.
 1187         (2) The division may, pursuant to s. 509.261 or s. 509.606,
 1188  suspend or revoke the license of, or impose a fine against, any
 1189  public lodging establishment or vacation rental that violates
 1190  subsection (1).
 1191         Section 30. Subsections (1), (2), and (3) of section
 1192  509.211, Florida Statutes, are amended to read:
 1193         509.211 Safety regulations.—
 1194         (1) Each bedroom or apartment in each public lodging
 1195  establishment or vacation rental must shall be equipped with an
 1196  approved locking device on each door opening to the outside, to
 1197  an adjoining room or apartment, or to a hallway.
 1198         (2)(a) It is unlawful for any person to use within any
 1199  public lodging establishment, vacation rental, or public food
 1200  service establishment any fuel-burning wick-type equipment for
 1201  space heating unless such equipment is vented so as to prevent
 1202  the accumulation of toxic or injurious gases or liquids.
 1203         (b) Any person who violates the provisions of paragraph (a)
 1204  commits a misdemeanor of the second degree, punishable as
 1205  provided in s. 775.082 or s. 775.083.
 1206         (3) Each public lodging establishment or vacation rental
 1207  that is three or more stories in height must have safe and
 1208  secure railings on all balconies, platforms, and stairways, and
 1209  all such railings must be properly maintained and repaired. The
 1210  division may impose administrative sanctions for violations of
 1211  this subsection pursuant to s. 509.261.
 1212         Section 31. Section 509.2112, Florida Statutes, is amended
 1213  to read:
 1214         509.2112 Public lodging establishments and vacation rentals
 1215  three stories or more in height; inspection rules.—The Division
 1216  of Hotels and Restaurants of the Department of Business and
 1217  Professional Regulation is directed to provide rules to require
 1218  that:
 1219         (1) Every public lodging establishment or vacation rental
 1220  that is three stories or more in height in the state file a
 1221  certificate stating that any and all balconies, platforms,
 1222  stairways, and railways have been inspected by a person
 1223  competent to conduct such inspections and are safe, secure, and
 1224  free of defects.
 1225         (2) The information required under subsection (1) be filed
 1226  commencing January 1, 1991, and every 3 years thereafter, with
 1227  the Division of Hotels and Restaurants and the applicable county
 1228  or municipal authority responsible for building and zoning
 1229  permits.
 1230         (3) If a public lodging establishment or vacation rental
 1231  that is three or more stories in height fails to file the
 1232  information required in subsection (1), the Division of Hotels
 1233  and Restaurants shall impose administrative sanctions pursuant
 1234  to s. 509.261.
 1235         Section 32. Subsections (2) and (3), paragraph (a) of
 1236  subsection (4), and subsection (6) of section 509.215, Florida
 1237  Statutes, are amended to read:
 1238         509.215 Firesafety.—
 1239         (2) Any public lodging establishment or vacation rental, as
 1240  defined in this chapter, which is of three stories or more and
 1241  for which the construction contract was let before October 1,
 1242  1983, shall be equipped with:
 1243         (a) A system which complies with subsection (1); or
 1244         (b) An approved sprinkler system for all interior
 1245  corridors, public areas, storage rooms, closets, kitchen areas,
 1246  and laundry rooms, less individual guest rooms, if the following
 1247  conditions are met:
 1248         1. There is a minimum 1-hour separation between each guest
 1249  room and between each guest room and a corridor.
 1250         2. The building is constructed of noncombustible materials.
 1251         3. The egress conditions meet the requirements of s. 5-3 of
 1252  the Life Safety Code, NFPA 101.
 1253         4. The building has a complete automatic fire detection
 1254  system which meets the requirements of NFPA-72A and NFPA-72E,
 1255  including smoke detectors in each guest room individually
 1256  annunciating to a panel at a supervised location.
 1257         (3) Notwithstanding any other provision of law to the
 1258  contrary, this section applies only to those public lodging
 1259  establishments and vacation rentals in a building wherein more
 1260  than 50 percent of the units in the building are advertised or
 1261  held out to the public as available for transient occupancy.
 1262         (4)(a) Special exception to the provisions of this section
 1263  shall be made for a public lodging establishment or vacation
 1264  rental structure that is individually listed in the National
 1265  Register of Historic Places pursuant to the National Historic
 1266  Preservation Act of 1966, as amended; or is a contributing
 1267  property to a National Register-listed district; or is
 1268  designated as a historic property, or as a contributing property
 1269  to a historic district under the terms of a local preservation
 1270  ordinance.
 1271         (6) Specialized smoke detectors for the deaf and hearing
 1272  impaired shall be available upon request by guests in public
 1273  lodging establishments or vacation rentals at a rate of at least
 1274  one such smoke detector per 50 dwelling units or portions
 1275  thereof, not to exceed five such smoke detectors per public
 1276  lodging facility.
 1277         Section 33. Paragraph (a) of subsection (1), paragraph (b)
 1278  of subsection (2), subsection (4), and subsection (9) of section
 1279  509.221, Florida Statutes, are amended to read:
 1280         509.221 Sanitary regulations.—
 1281         (1)(a) Each public lodging establishment and vacation
 1282  rental shall be supplied with potable water and shall provide
 1283  adequate sanitary facilities for the accommodation of its
 1284  employees and guests. Such facilities may include, but are not
 1285  limited to, showers, handwash basins, toilets, and bidets. Such
 1286  sanitary facilities shall be connected to approved plumbing.
 1287  Such plumbing shall be sized, installed, and maintained in
 1288  accordance with the Florida Building Code as approved by the
 1289  local building authority. Wastewater or sewage shall be properly
 1290  treated onsite or discharged into an approved sewage collection
 1291  and treatment system.
 1292         (2)(b) Within a theme park or entertainment complex as
 1293  defined in s. 509.013 s. 509.013(9), the bathrooms are not
 1294  required to be in the same building as the public food service
 1295  establishment, so long as they are reasonably accessible.
 1296         (4) Each bedroom in a public lodging establishment and
 1297  vacation rental shall have an opening to the outside of the
 1298  building, air shafts, or courts sufficient to provide adequate
 1299  ventilation. Where ventilation is provided mechanically, the
 1300  system shall be capable of providing at least two air changes
 1301  per hour in all areas served. Where ventilation is provided by
 1302  windows, each room shall have at least one window opening
 1303  directly to the outside.
 1304         (9) Subsections (2), (5), and (6) do not apply to any
 1305  facility or unit classified as a vacation rental, nontransient
 1306  apartment, or timeshare project as described in s. 509.242(1)(c)
 1307  and (f) s. 509.242(1)(c), (d), and (g).
 1308         Section 34. Subsection (2) of section 509.241, Florida
 1309  Statutes, is amended to read:
 1310         509.241 Licenses required; exceptions.—
 1311         (2) APPLICATION FOR LICENSE.—Each person who plans to open
 1312  a public lodging establishment or a public food service
 1313  establishment shall apply for and receive a license from the
 1314  division before prior to the commencement of operation. A
 1315  condominium association, as defined in s. 718.103, which does
 1316  not own any units classified as a timeshare project vacation
 1317  rentals or timeshare projects under s. 509.242(1)(f) or as a
 1318  vacation rental s. 509.242(1)(c) or (g) is not required to apply
 1319  for or receive a public lodging establishment license.
 1320         Section 35. Subsection (1) of section 509.242, Florida
 1321  Statutes, is amended to read:
 1322         509.242 Public lodging establishments; classifications.—
 1323         (1) A public lodging establishment is shall be classified
 1324  as a hotel, motel, nontransient apartment, transient apartment,
 1325  bed and breakfast inn, or timeshare project, or vacation rental
 1326  if the establishment satisfies the following criteria:
 1327         (a) Hotel.—A hotel is any public lodging establishment
 1328  containing sleeping room accommodations for 25 or more guests
 1329  and providing the services generally provided by a hotel and
 1330  recognized as a hotel in the community in which it is situated
 1331  or by the industry.
 1332         (b) Motel.—A motel is any public lodging establishment
 1333  which offers rental units with an exit to the outside of each
 1334  rental unit, daily or weekly rates, offstreet parking for each
 1335  unit, a central office on the property with specified hours of
 1336  operation, a bathroom or connecting bathroom for each rental
 1337  unit, and at least six rental units, and which is recognized as
 1338  a motel in the community in which it is situated or by the
 1339  industry.
 1340         (c) Vacation rental.—A vacation rental is any unit or group
 1341  of units in a condominium or cooperative or any individually or
 1342  collectively owned single-family, two-family, three-family, or
 1343  four-family house or dwelling unit that is also a transient
 1344  public lodging establishment but that is not a timeshare
 1345  project.
 1346         (d)Nontransient apartment.—A nontransient apartment is a
 1347  building or complex of buildings in which 75 percent or more of
 1348  the units are available for rent to nontransient tenants.
 1349         (d)(e)Transient apartment.—A transient apartment is a
 1350  building or complex of buildings in which more than 25 percent
 1351  of the units are advertised or held out to the public as
 1352  available for transient occupancy.
 1353         (e)(f)Bed and breakfast inn.—A bed and breakfast inn is a
 1354  family home structure, with no more than 15 sleeping rooms,
 1355  which has been modified to serve as a transient public lodging
 1356  establishment, which provides the accommodation and meal
 1357  services generally offered by a bed and breakfast inn, and which
 1358  is recognized as a bed and breakfast inn in the community in
 1359  which it is situated or by the hospitality industry.
 1360         (f)(g)Timeshare project.—A timeshare project is a
 1361  timeshare property, as defined in chapter 721, that is located
 1362  in this state and that is also a transient public lodging
 1363  establishment.
 1364         Section 36. Subsection (1) of section 509.251, Florida
 1365  Statutes, is amended to read:
 1366         509.251 License fees.—
 1367         (1) The division shall adopt, by rule, a schedule of fees
 1368  to be paid by each public lodging establishment as a
 1369  prerequisite to issuance or renewal of a license. Such fees
 1370  shall be based on the number of rental units in the
 1371  establishment. The aggregate fee per establishment charged any
 1372  public lodging establishment may not exceed $1,000; however, the
 1373  fees described in paragraphs (a) and (b) may not be included as
 1374  part of the aggregate fee subject to this cap. Vacation rental
 1375  units or Timeshare projects within separate buildings or at
 1376  separate locations but managed by one licensed agent may be
 1377  combined in a single license application, and the division shall
 1378  charge a license fee as if all units in the application are in a
 1379  single licensed establishment. The fee schedule shall require an
 1380  establishment which applies for an initial license to pay the
 1381  full license fee if application is made during the annual
 1382  renewal period or more than 6 months before the next such
 1383  renewal period and one-half of the fee if application is made 6
 1384  months or less before such period. The fee schedule shall
 1385  include fees collected for the purpose of funding the
 1386  Hospitality Education Program, pursuant to s. 509.302, which are
 1387  payable in full for each application regardless of when the
 1388  application is submitted.
 1389         (a) Upon making initial application or an application for
 1390  change of ownership, the applicant shall pay to the division a
 1391  fee as prescribed by rule, not to exceed $50, in addition to any
 1392  other fees required by law, which shall cover all costs
 1393  associated with initiating regulation of the establishment.
 1394         (b) A license renewal filed with the division after the
 1395  expiration date shall be accompanied by a delinquent fee as
 1396  prescribed by rule, not to exceed $50, in addition to the
 1397  renewal fee and any other fees required by law.
 1398         Section 37. Subsection (1) of section 509.281, Florida
 1399  Statutes, is amended to read:
 1400         509.281 Prosecution for violation; duty of state attorney;
 1401  penalties.—
 1402         (1) The division or an agent of the division, upon
 1403  ascertaining by inspection that any public lodging
 1404  establishment, vacation rental, or public food service
 1405  establishment is being operated contrary to the provisions of
 1406  this chapter, shall make complaint and cause the arrest of the
 1407  violator, and the state attorney, upon request of the division
 1408  or agent, shall prepare all necessary papers and conduct the
 1409  prosecution. The division shall proceed in the courts by
 1410  mandamus or injunction whenever such proceedings may be
 1411  necessary to the proper enforcement of the provisions of this
 1412  chapter, of the rules adopted pursuant hereto, or of orders of
 1413  the division.
 1414         Section 38. Paragraph (a) of subsection (2) of section
 1415  509.302, Florida Statutes, is amended to read:
 1416         509.302 Hospitality Education Program.—
 1417         (2)(a) All public lodging establishments, and all public
 1418  food service establishments, and vacation rentals licensed under
 1419  this chapter shall pay an annual fee of no more than $10, which
 1420  shall be included in the annual license fee and used for the
 1421  sole purpose of funding the Hospitality Education Program.
 1422         Section 39. Section 509.4005, Florida Statutes, is amended
 1423  to read:
 1424         509.4005 Applicability of ss. 509.401-509.417.—Sections
 1425  509.401-509.417 apply only to guests in transient occupancy in a
 1426  public lodging establishment or vacation rental.
 1427         Section 40. Subsection (1) of section 509.401, Florida
 1428  Statutes, is amended to read:
 1429         509.401 Operator’s right to lockout.—
 1430         (1) If, upon a reasonable determination by an operator of a
 1431  public lodging establishment or vacation rental, a guest has
 1432  accumulated a large outstanding account at such establishment,
 1433  the operator may lock the guest out of the guest’s rental unit
 1434  for the purpose of requiring the guest to confront the operator
 1435  and arrange for payment on the account. Such arrangement must be
 1436  in writing, and a copy must be furnished to the guest.
 1437         Section 41. Section 509.402, Florida Statutes, is amended
 1438  to read:
 1439         509.402 Operator’s right to recover premises.—If the guest
 1440  of a public lodging establishment or vacation rental vacates the
 1441  premises without notice to the operator and the operator
 1442  reasonably believes the guest does not intend to satisfy the
 1443  outstanding account, the operator may recover the premises. Upon
 1444  recovery of the premises, the operator shall make an itemized
 1445  inventory of any property belonging to the guest and store such
 1446  property until a settlement or a final court judgment is
 1447  obtained on the guest’s outstanding account. Such inventory
 1448  shall be conducted by the operator and at least one other person
 1449  who is not an agent of the operator.
 1450         Section 42. Subsections (1) and (2) of section 509.405,
 1451  Florida Statutes, are amended to read:
 1452         509.405 Complaint; requirements.—To obtain an order
 1453  authorizing the issuance of a writ of distress upon final
 1454  judgment, the operator must first file with the clerk of the
 1455  court a complaint reciting and showing the following
 1456  information:
 1457         (1) A statement as to the amount of the guest’s account at
 1458  the public lodging establishment or vacation rental.
 1459         (2) A statement that the plaintiff is the operator of the
 1460  public lodging establishment or vacation rental in which the
 1461  guest has an outstanding account. If the operator’s interest in
 1462  such account is based on written documents, a copy of such
 1463  documents shall be attached to the complaint.
 1464         Section 43. Section 509.409, Florida Statutes, is amended
 1465  to read:
 1466         509.409 Writ; inventory.—When the officer seizes
 1467  distrainable property, either under s. 509.407 or s. 509.408,
 1468  and such property is seized on the premises of a public lodging
 1469  establishment or vacation rental, the officer shall inventory
 1470  the property, hold those items which, upon appraisal, would
 1471  appear to satisfy the plaintiff’s claim, and return the
 1472  remaining items to the defendant. If the defendant cannot be
 1473  found, the officer shall hold all items of property. The officer
 1474  shall release the property only pursuant to law or a court
 1475  order.
 1476         Section 44. Subsection (2) of section 509.417, Florida
 1477  Statutes, is amended to read:
 1478         509.417 Writ; sale of property distrained.—
 1479         (2) At the time any property levied on is sold, it must be
 1480  advertised two times, the first advertisement being at least 10
 1481  days before the sale. All property so levied on may be sold on
 1482  the premises of the public lodging establishment or the vacation
 1483  rental or at the courthouse door.
 1484         Section 45. Paragraph (b) of subsection (5) of section
 1485  553.5041, Florida Statutes, is amended to read:
 1486         553.5041 Parking spaces for persons who have disabilities.—
 1487         (5) Accessible perpendicular and diagonal accessible
 1488  parking spaces and loading zones must be designed and located to
 1489  conform to ss. 502 and 503 of the standards.
 1490         (b) If there are multiple entrances or multiple retail
 1491  stores, the parking spaces must be dispersed to provide parking
 1492  at the nearest accessible entrance. If a theme park or an
 1493  entertainment complex as defined in s. 509.013 s. 509.013(9)
 1494  provides parking in several lots or areas from which access to
 1495  the theme park or entertainment complex is provided, a single
 1496  lot or area may be designated for parking by persons who have
 1497  disabilities, if the lot or area is located on the shortest
 1498  accessible route to an accessible entrance to the theme park or
 1499  entertainment complex or to transportation to such an accessible
 1500  entrance.
 1501         Section 46. Section 717.1355, Florida Statutes, is amended
 1502  to read:
 1503         717.1355 Theme park and entertainment complex tickets.—This
 1504  chapter does not apply to any tickets for admission to a theme
 1505  park or entertainment complex as defined in s. 509.013 s.
 1506  509.013(9), or to any tickets to a permanent exhibition or
 1507  recreational activity within such theme park or entertainment
 1508  complex.
 1509         Section 47. Subsection (8) of section 877.24, Florida
 1510  Statutes, is amended to read:
 1511         877.24 Nonapplication of s. 877.22.—Section 877.22 does not
 1512  apply to a minor who is:
 1513         (8) Attending an organized event held at and sponsored by a
 1514  theme park or entertainment complex as defined in s. 509.013 s.
 1515  509.013(9).
 1516         Section 48. This act shall take effect July 1, 2018.