Florida Senate - 2017                          SENATOR AMENDMENT
       Bill No. CS/HB 425, 1st Eng.
                              LEGISLATIVE ACTION                        
                    Senate             .             House              

       Senator Steube moved the following:
    1         Senate Substitute for Amendment (944410) (with title
    2  amendment)
    4         Delete everything after the enacting clause
    5  and insert:
    6         Section 1. Paragraph (b) of subsection (7) of section
    7  509.032, Florida Statutes, is amended, and new paragraphs (d)
    8  and (e) are added to that subsection, to read:
    9         509.032 Duties.—
   10         (7) PREEMPTION AUTHORITY.—
   11         (b)1.A local law, ordinance, or regulation adopted or
   12  amended after the effective date of this act may regulate
   13  activities that arise when a property is used as a vacation
   14  rental, provided such regulation applies uniformly to all
   15  residential properties without regard to whether the property is
   16  used as a vacation rental as defined in s. 509.242 or long-term
   17  rental subject to the provisions of part II of chapter 83 or
   18  whether a property owner chooses not to rent the property.
   19  However, a local law, ordinance, or regulation may not prohibit
   20  vacation rentals or regulate the duration or frequency of rental
   21  of vacation rentals.
   22         2. This paragraph does not apply to:
   23         a. Any local law, ordinance, or regulation adopted on or
   24  before June 1, 2011; or
   25         b.Any local law, ordinance, or regulation that is being
   26  amended to be less restrictive as to prohibition or to duration
   27  or frequency of rental of vacation rentals, regardless of its
   28  adoption date.
   29         (d)Properties owned, in whole or in part, by a
   30  servicemember as defined in s. 250.01 or by a disabled veteran
   31  with a service-connected disability rating of 30 percent or more
   32  according to the United States Department of Veterans Affairs,
   33  are exempt from any local law, ordinance or regulation that
   34  regulates the use of vacation rentals, including those adopted
   35  prior to June 1, 2011.
   36         (e)A vacation rental owner shall submit to the local
   37  jurisdiction a copy of the vacation rental license required
   38  under chapter 509, a copy of the certificate of registration
   39  required under s. 212.18, and emergency contact information. The
   40  submission of such documents and information is for
   41  informational purposes only. The local jurisdiction may not
   42  assess a fee for the submission.
   43         Section 2. Notwithstanding s. 509.032(7)(b), Florida
   44  Statutes, a municipality located on Boca Ciega Bay with a
   45  population of 1,500 or less may submit an ordinance adopted by
   46  the governing body of the municipality prior to 2009 for
   47  ratification of the electors at a referendum. If the ordinance
   48  is approved by at least two-thirds of the electors voting in the
   49  referendum, the effective date of the ordinance is the date of
   50  its initial adoption by the governing body of the municipality.
   51         Section 3. If any provision of this act is determined
   52  unconstitutional or otherwise determined invalid by a court of
   53  law, all the rest and remainder of the act shall remain in full
   54  force and effect as the law of this state.
   55         Section 4. This act shall take effect upon becoming a law.
   57  ================= T I T L E  A M E N D M E N T ================
   58  And the title is amended as follows:
   59         Delete everything before the enacting clause
   60  and insert:
   61                        A bill to be entitled                      
   62         An act relating to vacation rentals; amending s.
   63         509.032, F.S.; revising applicability for a preemption
   64         of certain local laws, ordinances, or regulations
   65         regarding vacation rentals; requiring a vacation
   66         rental owner to submit specified documents and
   67         information to the local jurisdiction; prohibiting the
   68         local jurisdiction from assessing certain fees;
   69         specifying that local laws, ordinances, or regulations
   70         regarding vacation rentals may not prohibit
   71         servicemember- or certain disabled veteran-owned
   72         properties from being used as vacation rentals or
   73         regulate the frequency or duration of such rentals;
   74         authorizing certain ordinances of specified
   75         municipalities to be submitted for ratification by
   76         electors at a referendum; providing a retroactive
   77         effective date for such ordinances; providing a saving
   78         clause; providing an effective date.