Florida Senate - 2017 SENATOR AMENDMENT Bill No. CS/HB 425, 1st Eng. Ì112508"Î112508 LEGISLATIVE ACTION Senate . House . . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— Senator Steube moved the following: 1 Senate Substitute for Amendment (944410) (with title 2 amendment) 3 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. 56 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.