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 to
   34  property valuation as a criterion for vacation rentals rental if
   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.