Florida Senate - 2017 CS for CS for CS for SB 188 By the Committees on Rules; Community Affairs; and Regulated Industries; and Senators Steube and Perry 595-04436-17 2017188c3 1 A bill to be entitled 2 An act relating to vacation rentals; amending s. 3 509.032, F.S.; revising applicability for a preemption 4 of certain local laws, ordinances, or regulations 5 regarding vacation rentals; authorizing certain 6 ordinances to be submitted for ratification by 7 electors at a referendum; providing that, upon 8 approval by the electors, the effective date of the 9 ordinance is retroactive to the initial date of 10 adoption by the governing body of the municipality; 11 providing an effective date. 12 13 Be It Enacted by the Legislature of the State of Florida: 14 15 Section 1. Paragraphs (b) and (c) of subsection (7) of 16 section 509.032, Florida Statutes, are amended to read: 17 509.032 Duties.— 18 (7) PREEMPTION AUTHORITY.— 19 (b) A local law, ordinance, or regulation may not prohibit 20 vacation rentals or regulate the duration or frequency of rental 21 of vacation rentals. This paragraph does not apply to any local 22 law, ordinance, or regulation adopted on or before June 1, 2011, 23 including when such law, ordinance, or regulation: 24 1. Is being amended to be less restrictive; or 25 2. Reduces local regulatory burdens on vacation rentals 26 owned, in whole or in part, by a person who is currently serving 27 on active duty or temporary duty in a branch of the United 28 States Armed Services or owned by a disabled veteran with a 29 service-connected evaluation of such disability of 30 percent or 30 more, according to the United States Department of Veterans 31 Affairs. 32 (c) Paragraph (b) does not apply to any local law, 33 ordinance, or regulation governing
exclusively relating to34 property valuation as a criterion forvacation rentals rentalif 35 the local law, ordinance, or regulation is required to be 36 approved by the state land planning agency pursuant to an area 37 of critical state concern designation. 38 Section 2. Notwithstanding s. 509.032(7)(b), Florida 39 Statutes, a municipality may submit an ordinance adopted by the 40 governing body of the municipality prior to the effective date 41 of chapter 2011-119, Laws of Florida, for ratification of the 42 electors at a referendum. If the ordinance is approved by at 43 least two-thirds of the electors voting in the referendum, the 44 effective date of the ordinance is the date of its initial 45 adoption by the governing body of the municipality. 46 Section 3. This act shall take effect upon becoming a law.