Senate Bill 1930

CODING: Words stricken are deletions; words underlined are additions.



    Florida Senate - 2000                                  SB 1930

    By Senator Carlton





    24-1201-00

  1                      A bill to be entitled

  2         An act relating to public lodging

  3         establishments; creating s. 509.2017, F.S.;

  4         authorizing a public lodging establishment that

  5         provides accommodations to evacuees during a

  6         declared state of emergency or an ordered

  7         evacuation to charge an emergency rate during a

  8         specified period following the state of

  9         emergency or evacuation; providing for

10         calculating the emergency rate; authorizing the

11         Department of Business and Professional

12         Regulation to grant certain variances to the

13         emergency rate; prohibiting a public lodging

14         establishment from imposing a minimum stay for

15         a specified period following a state of

16         emergency or evacuation; providing penalties;

17         requiring that the Department of Business and

18         Professional Regulation adopt rules; providing

19         an effective date.

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

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23         Section 1.  Section 509.2017, Florida Statutes, is

24  created to read:

25         509.2017  Room rates and minimum stays during a

26  declared state of emergency or an ordered evacuation.--

27         (1)  During the 7 days immediately following the

28  declaration of a state of emergency by the Governor or an

29  evacuation ordered by the state or Federal Government, a

30  public lodging establishment that provides accommodations to

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    Florida Senate - 2000                                  SB 1930
    24-1201-00




  1  evacuees from the affected area may charge an emergency rate

  2  in lieu of the rate posted as provided in s. 509.201.

  3         (a)  The maximum emergency rate charged by a transient

  4  public lodging establishment may not exceed by more than 10

  5  percent the average daily rate charged for the rented unit

  6  during the 7 days preceding the initial date of the declared

  7  state of emergency or the evacuation. As used in this

  8  paragraph, the term "average daily rate" includes all

  9  discounted rates, reduced rates, or special rates charged to

10  the public during the 7 days preceding the initial date of the

11  declared state of emergency or evacuation.

12         (b)  The maximum emergency rate charged by a

13  nontransient public lodging establishment may not exceed by

14  more than 10 percent the usual monthly rental rate for the

15  rented unit, prorated to a daily rate.

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17  The Department of Business and Professional Regulation may

18  grant a variance in the method of calculating emergency rates,

19  as defined by rule, upon a demonstration of need by the

20  establishment.

21         (2)  During the 7 days immediately following a declared

22  state of emergency or ordered evacuation, a public lodging

23  establishment that provides accommodations to evacuees from

24  the affected area may not impose a minimum stay of two or more

25  days.

26         (3)  Any public lodging establishment that violates

27  this section is subject to the penalties provided in s.

28  509.261. In addition, the department may require the

29  establishment to refund to the evacuee any amount charged in

30  excess of the emergency rate.

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    Florida Senate - 2000                                  SB 1930
    24-1201-00




  1         (4)  The Department of Business and Professional

  2  Regulation shall adopt rules to administer this section.

  3         Section 2.  This act shall take effect July 1, 2000.

  4

  5            *****************************************

  6                          SENATE SUMMARY

  7    Provides for public lodging establishments that provide
      accommodations to evacuees during a declared state of
  8    emergency or an ordered evacuation to charge an emergency
      rate for 7 days following the state of emergency or
  9    evacuation. Prohibits an emergency rate that exceeds 10
      percent of the posted rate or usual monthly rental rate,
10    prorated to a daily rate. Authorizes the Department of
      Business and Professional Regulation to grant a variance
11    to the emergency rate upon a demonstration of need.
      Prohibits a public lodging establishment from imposing a
12    minimum stay of 2 or more days during the 7 days
      following a state of emergency or evacuation. Provides
13    penalties. Requires the Department of Business and
      Professional Regulation to adopt rules.
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