Senate Bill 1934c1

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    Florida Senate - 1998                           CS for SB 1934

    By the Committee on Commerce and Economic Opportunities and
    Senator Dudley




    310-1841-98

  1                      A bill to be entitled

  2         An act relating to public lodging

  3         establishments; amending s. 509.32, F.S.;

  4         changing the date of submission of an annual

  5         report to the Governor by the Division of

  6         Hotels and Restaurants of the Department of

  7         Business Regulation; amending s. 509.191, F.S.;

  8         reducing the period of time in which certain

  9         unclaimed property left in a public lodging or

10         public food service establishment must be held

11         by the establishment; amending s. 509.201,

12         F.S.; revising requirements for publishing

13         advertisements relating to rates charged at

14         specified public lodging establishments;

15         providing an effective date.

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17  Be It Enacted by the Legislature of the State of Florida:

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19         Section 1.  Subsection (5) of section 509.032, Florida

20  Statutes, is amended to read:

21         509.032  Duties.--

22         (5)  REPORTS REQUIRED.--The division shall send the

23  Governor a written report at the end of each fiscal year,

24  which report shall state, but not be limited to, the total

25  number of inspections conducted by the division to ensure the

26  enforcement of sanitary standards, the total number of

27  inspections conducted in response to emergency or

28  epidemiological conditions, the number of violations of each

29  sanitary standard, and any recommendations for improved

30  inspection procedures.  The division shall also keep accurate

31  account of all expenses arising out of the performance of its

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    Florida Senate - 1998                           CS for SB 1934
    310-1841-98




  1  duties and all fees collected under this chapter. The report

  2  shall be submitted by September 30 following the end of the

  3  fiscal year.

  4         Section 2.  Section 509.191, Florida Statutes, is

  5  amended to read:

  6         509.191  Unclaimed property.--Any property with an

  7  identifiable owner which is left in a public lodging

  8  establishment or public food service establishment, other than

  9  property belonging to a guest who has vacated the premises

10  without notice to the operator and with an outstanding

11  account, which property remains unclaimed after being held by

12  the establishment for 45 90 days after written notice to the

13  guest or owner of the property, shall become the property of

14  the establishment. Property without an identifiable owner

15  which is found in a public lodging establishment or public

16  food service establishment is subject to the provisions of

17  chapter 705.

18         Section 3.  Subsection (2) of section 509.201, Florida

19  Statutes, is amended to read:

20         509.201  Room rates; posting; advertising; penalties.--

21         (2)(a)  A person may not display or cause to be

22  displayed any sign which may be seen from a public highway or

23  street, which sign includes a statement or numbers relating to

24  the rates charged at a public lodging establishment renting by

25  the day or week, unless such sign includes, in letters and

26  figures of similar size and prominence, the following

27  information:  the number of rental units in the establishment

28  and the rates charged for each, whether the rates quoted are

29  for single or multiple occupancy if such fact affects the rate

30  charged, and the dates during which such rates are in effect.

31  In each instance the rates charged may not exceed those filed

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    Florida Senate - 1998                           CS for SB 1934
    310-1841-98




  1  with the division.  A sign may not be displayed which includes

  2  a statement or numbers which appear to relate to the rate

  3  charged at a public lodging establishment when in fact the

  4  statement or numbers do not relate to such rates.

  5         (b)  A person may not publish or cause to be published

  6  any advertisement, other than those referred to in paragraph

  7  (a), which includes a statement or numbers relating to rates

  8  charged at a public lodging establishment renting by the day

  9  or week unless such advertisement includes, in letters or

10  figures immediately adjacent to said rate, a statement as to

11  whether the rates quoted are for single or multiple occupancy

12  if such fact affects the rates charged.  Any such

13  advertisement shall also include the number of rental units in

14  the establishment available at the published rates, the dates

15  during which such rates are in effect, and an indication as to

16  whether there are other rates in effect in the establishment,

17  and, in the event the number of rental units in the

18  establishment at the advertised rate is limited, the

19  advertisement shall include a phone number to verify

20  availability.  The advertised rate in each instance shall

21  coincide with the rates posted in such rental units and may

22  not exceed those filed for such units with the division.  For

23  any such advertisement, the type size of the required

24  additional information may not be smaller than one-twelfth of

25  the size of the rate figures advertised or equal to the type

26  size used in the body of the advertisement, whichever is

27  larger.  The requirements of this paragraph apply to any type

28  of display advertisement, regardless of whether it is printed

29  in a magazine, newspaper, or other similar publication.

30         (c)  The provisions of paragraph (b) do not apply to

31  advertisements or listings in guides or directories which are

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    Florida Senate - 1998                           CS for SB 1934
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  1  published by nonprofit organizations or associations or to

  2  advertisements of a classified nature placed in the classified

  3  section of newspapers and other similar publications.

  4         (d)  An advertisement may not be published that

  5  contains false or misleading statements about any public

  6  lodging establishment.

  7         (3)  Any operator of any public lodging establishment

  8  who violates, or causes to be violated, any of the provisions

  9  of this section is guilty of a misdemeanor of the second

10  degree, punishable as provided in s. 775.082 or s. 775.083.

11  In addition to the criminal penalty, the license of any public

12  lodging establishment may be suspended or revoked by the

13  division, or the division may impose fines on the licensee, in

14  accordance with the provisions of s. 509.261, when the

15  operator of such establishment is determined by the division

16  to have violated any provision of this section.  It is not

17  necessary that the offender be convicted of violating this

18  section as a condition precedent to the suspension or

19  revocation of such license or the imposition of a civil

20  penalty by the division.

21         (4)  Subsection (1) and paragraphs (a), (b), and (c) of

22  subsection (2) do not apply to any facility or unit classified

23  as a resort condominium, nontransient apartment, or resort

24  dwelling as described in s. 509.242(1)(c), (d), and (g).

25         Section 4.  This act shall take effect upon becoming a

26  law.

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    Florida Senate - 1998                           CS for SB 1934
    310-1841-98




  1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
  2                         Senate Bill 1934

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  4  This committee substitute reduces, from 90 to 45 days, the
    period of time in which certain unclaimed property left in a
  5  public food service or lodging establishment must be held by
    the establishment.
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