CS/HB 883

1	A bill to be entitled
2	An act relating to public lodging establishments; amending
3	s. 509.032, F.S.; conforming provisions to changes made by
4	the act; providing that vacation rentals are residential
5	property for purposes of provisions related to the
6	treatment of such properties; amending ss. 509.221 and
7	509.241, F.S.; conforming provisions to changes made by
8	the act; amending s. 509.242, F.S.; providing that public
9	lodging establishments formerly classified as resort
10	condominiums and resort dwellings are classified as
11	vacation rentals; defining the term "vacation rental";
12	amending s. 509.251, F.S.; conforming provisions to
13	changes made by the act; amending s. 509.291, F.S.;
14	revising membership of the advisory council of the
15	Division of Hotels and Restaurants of the Department of
16	Business and Professional Regulation; requiring the
17	Florida Vacation Rental Managers Association to designate
18	a member to serve on the advisory council; amending ss.
19	381.008 and 386.203, F.S.; conforming provisions to
20	changes made by the act; providing an effective date.
21
22	Be It Enacted by the Legislature of the State of Florida:
23
24	Section 1.  Paragraph (a) of subsection (2) and subsection
25	(7) of section 509.032, Florida Statutes, are amended to read:
26	509.032  Duties.-
27	(2)  INSPECTION OF PREMISES.-
28	(a)  The division has responsibility and jurisdiction for
29	all inspections required by this chapter. The division has
30	responsibility for quality assurance. Each licensed
31	establishment shall be inspected at least biannually, except for
32	transient and nontransient apartments, which shall be inspected
33	at least annually, and shall be inspected at such other times as
34	the division determines is necessary to ensure the public's
35	health, safety, and welfare. The division shall establish a
36	system to determine inspection frequency. Public lodging units
37	classified as vacation rentals resort condominiums or resort
38	dwellings are not subject to this requirement, but shall be made
39	available to the division upon request. If, during the
40	inspection of a public lodging establishment classified for
41	renting to transient or nontransient tenants, an inspector
42	identifies vulnerable adults who appear to be victims of
43	neglect, as defined in s. 415.102, or, in the case of a building
44	that is not equipped with automatic sprinkler systems, tenants
45	or clients who may be unable to self-preserve in an emergency,
46	the division shall convene meetings with the following agencies
47	as appropriate to the individual situation: the Department of
48	Health, the Department of Elderly Affairs, the area agency on
49	aging, the local fire marshal, the landlord and affected tenants
50	and clients, and other relevant organizations, to develop a plan
51	which improves the prospects for safety of affected residents
52	and, if necessary, identifies alternative living arrangements
53	such as facilities licensed under part II of chapter 400 or
54	under chapter 429.
55	(7)  PREEMPTION AUTHORITY.-
56	(a)  The regulation of public lodging establishments and
57	public food service establishments, including, but not limited
58	to, the inspection of public lodging establishments and public
59	food service establishments for compliance with the sanitation
60	standards adopted under this section, and the regulation of food
61	safety protection standards for required training and testing of
62	food service establishment personnel are preempted to the state.
63	This paragraph subsection does not preempt the authority of a
64	local government or local enforcement district to conduct
65	inspections of public lodging and public food service
66	establishments for compliance with the Florida Building Code and
67	the Florida Fire Prevention Code, pursuant to ss. 553.80 and
68	633.022.
69	(b)  Notwithstanding any local law, ordinance, or
70	regulation, a vacation rental, as described in s. 509.242(1)(c),
71	is deemed residential property and may not be prohibited or
72	treated differently than other residential property based solely
73	on its classification, use, or occupancy.
74	Section 2.  Subsection (9) of section 509.221, Florida
75	Statutes, is amended to read:
76	509.221  Sanitary regulations.-
77	(9)  Subsections (2), (5), and (6) do not apply to any
78	facility or unit classified as a vacation rental or resort
79	condominium, nontransient apartment, or resort dwelling as
80	described in s. 509.242(1)(c) and, (d), and (g).
81	Section 3.  Subsection (2) of section 509.241, Florida
82	Statutes, is amended to read:
83	509.241  Licenses required; exceptions.-
84	(2)  APPLICATION FOR LICENSE.-Each person who plans to open
85	a public lodging establishment or a public food service
86	establishment shall apply for and receive a license from the
87	division prior to the commencement of operation. A condominium
88	association, as defined in s. 718.103, which does not own any
89	units classified as vacation rentals resort condominiums under
90	s. 509.242(1)(c) is shall not be required to apply for or
91	receive a public lodging establishment license.
92	Section 4.  Subsection (1) of section 509.242, Florida
93	Statutes, is amended to read:
94	509.242  Public lodging establishments; classifications.-
95	(1)  A public lodging establishment shall be classified as
96	a hotel, motel, resort condominium, nontransient apartment,
97	transient apartment, roominghouse, bed and breakfast inn, or
98	vacation rental resort dwelling if the establishment satisfies
99	the following criteria:
100	(a)  Hotel.-A hotel is any public lodging establishment
101	containing sleeping room accommodations for 25 or more guests
102	and providing the services generally provided by a hotel and
103	recognized as a hotel in the community in which it is situated
104	or by the industry.
105	(b)  Motel.-A motel is any public lodging establishment
106	which offers rental units with an exit to the outside of each
107	rental unit, daily or weekly rates, offstreet parking for each
108	unit, a central office on the property with specified hours of
109	operation, a bathroom or connecting bathroom for each rental
110	unit, and at least six rental units, and which is recognized as
111	a motel in the community in which it is situated or by the
112	industry.
113	(c)  Vacation rental Resort condominium.-A vacation rental
114	resort condominium is any unit or group of units in a
115	condominium, cooperative, or timeshare plan or any individually
116	or collectively owned single-family, two-family, or four-family
117	house or dwelling unit that is also a transient public lodging
118	establishment which is rented more than three times in a
119	calendar year for periods of less than 30 days or 1 calendar
120	month, whichever is less, or which is advertised or held out to
121	the public as a place regularly rented for periods of less than
122	30 days or 1 calendar month, whichever is less.
123	(d)  Nontransient apartment or roominghouse.-A nontransient
124	apartment or roominghouse is a building or complex of buildings
125	in which 75 percent or more of the units are available for rent
126	to nontransient tenants.
127	(e)  Transient apartment or roominghouse.-A transient
128	apartment or roominghouse is a building or complex of buildings
129	in which more than 25 percent of the units are advertised or
130	held out to the public as available for transient occupancy.
131	(f)  Roominghouse.-A roominghouse is any public lodging
132	establishment that may not be classified as a hotel, motel,
133	resort condominium, nontransient apartment, bed and breakfast
134	inn, vacation rental, or transient apartment under this section.
135	A roominghouse includes, but is not limited to, a boardinghouse.
136	(g)  Resort dwelling.-A resort dwelling is any individually
137	or collectively owned one-family, two-family, three-family, or
138	four-family dwelling house or dwelling unit which is rented more
139	than three times in a calendar year for periods of less than 30
140	days or 1 calendar month, whichever is less, or which is
141	advertised or held out to the public as a place regularly rented
142	for periods of less than 30 days or 1 calendar month, whichever
143	is less.
144	(g)(h)  Bed and breakfast inn.-A bed and breakfast inn is a
145	family home structure, with no more than 15 sleeping rooms,
146	which has been modified to serve as a transient public lodging
147	establishment, which provides the accommodation and meal
148	services generally offered by a bed and breakfast inn, and which
149	is recognized as a bed and breakfast inn in the community in
150	which it is situated or by the hospitality industry.
151	Section 5.  Subsection (1) of section 509.251, Florida
152	Statutes, is amended to read:
153	509.251  License fees.-
154	(1)  The division shall adopt, by rule, a schedule of fees
155	to be paid by each public lodging establishment as a
156	prerequisite to issuance or renewal of a license. Such fees
157	shall be based on the number of rental units in the
158	establishment. The aggregate fee per establishment charged any
159	public lodging establishment shall not exceed $1,000; however,
160	the fees described in paragraphs (a) and (b) may not be included
161	as part of the aggregate fee subject to this cap. Vacation
162	rental Resort condominium units within separate buildings or at
163	separate locations but managed by one licensed agent may be
164	combined in a single license application, and the division shall
165	charge a license fee as if all units in the application are in a
166	single licensed establishment. Resort dwelling units may be
167	licensed in the same manner as condominium units. The fee
168	schedule shall require an establishment which applies for an
169	initial license to pay the full license fee if application is
170	made during the annual renewal period or more than 6 months
171	prior to the next such renewal period and one-half of the fee if
172	application is made 6 months or less prior to such period. The
173	fee schedule shall include fees collected for the purpose of
174	funding the Hospitality Education Program, pursuant to s.
175	509.302, which are payable in full for each application
176	regardless of when the application is submitted.
177	(a)  Upon making initial application or an application for
178	change of ownership, the applicant shall pay to the division a
179	fee as prescribed by rule, not to exceed $50, in addition to any
180	other fees required by law, which shall cover all costs
181	associated with initiating regulation of the establishment.
182	(b)  A license renewal filed with the division within 30
183	days after the expiration date shall be accompanied by a
184	delinquent fee as prescribed by rule, not to exceed $50, in
185	addition to the renewal fee and any other fees required by law.
186	A license renewal filed with the division more than 30 but not
187	more than 60 days after the expiration date shall be accompanied
188	by a delinquent fee as prescribed by rule, not to exceed $100,
189	in addition to the renewal fee and any other fees required by
190	law.
191	Section 6.  Subsection (1) of section 509.291, Florida
192	Statutes, is amended to read:
193	509.291  Advisory council.-
194	(1)  There is created a 10-member advisory council.
195	(a)  The Secretary of Business and Professional Regulation
196	shall appoint six seven voting members to the advisory council.
197	Each member appointed by the secretary must be an operator of an
198	establishment licensed under this chapter and shall represent
199	the industries regulated by the division, except that one member
200	appointed by the secretary must be a layperson representing the
201	general public and one member must be a hospitality education
202	administrator from an institution of higher education of this
203	state. Such members of the council shall serve staggered terms
204	of 4 years.
205	(b)  The Florida Restaurant and Lodging Association shall
206	designate one representative to serve as a voting member of the
207	council. The Florida Vacation Rental Managers Association shall
208	designate one representative to serve as a voting member of the
209	council. The Florida Apartment Association and the Florida
210	Association of Realtors shall each designate one representative
211	to serve as a voting member of the council.
212	(c)  Any member who fails to attend three consecutive
213	council meetings without good cause may be removed from the
214	council by the secretary.
215	Section 7.  Paragraph (c) of subsection (8) of section
216	381.008, Florida Statutes, is amended to read:
217	381.008  Definitions of terms used in ss. 381.008-
218	381.00897.-As used in ss. 381.008-381.00897, the following words
219	and phrases mean:
220	(8)  "Residential migrant housing"-A building, structure,
221	mobile home, barracks, or dormitory, and any combination thereof
222	on adjacent property which is under the same ownership,
223	management, or control, and the land appertaining thereto, that
224	is rented or reserved for occupancy by five or more seasonal or
225	migrant farmworkers, except:
226	(c)  A hotel, or motel, or resort condominium, as described
227	defined in chapter 509, that is furnished for transient
228	occupancy.
229	Section 8.  Subsection (4) of section 386.203, Florida
230	Statutes, is amended to read:
231	386.203  Definitions.-As used in this part:
232	(4)  "Designated smoking guest rooms at public lodging
233	establishments" means the sleeping rooms and directly associated
234	private areas, such as bathrooms, living rooms, and kitchen
235	areas, if any, rented to guests for their exclusive transient
236	occupancy in public lodging establishments, including hotels,
237	motels, vacation rentals resort condominiums, transient
238	apartments, transient lodging establishments, rooming houses,
239	boarding houses, resort dwellings, bed and breakfast inns, and
240	the like; and designated by the person or persons having
241	management authority over such public lodging establishment as
242	rooms in which smoking may be permitted.
243	Section 9.  This act shall take effect July 1, 2011.

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