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

       Senator Steube moved the following:
    1         Senate Amendment to Amendment (764422) (with directory and
    2  title amendments)
    4         Delete lines 9 - 35
    5  and insert:
    6         (b)1.A local law, ordinance, or regulation adopted or
    7  amended after the effective date of this act may regulate
    8  activities that arise when a property is used as a vacation
    9  rental, provided such regulation applies uniformly to all
   10  residential properties without regard to whether the property is
   11  used as a vacation rental as defined in s. 509.242 or long-term
   12  rental subject to the provisions of part II of chapter 83 or
   13  whether a property owner chooses not to rent the property.
   14  However, a local law, ordinance, or regulation may not prohibit
   15  vacation rentals or regulate the duration or frequency of rental
   16  of vacation rentals.
   17         2. This paragraph does not apply to:
   18         a. Any local law, ordinance, or regulation adopted on or
   19  before June 1, 2011; or
   20         b.Any local law, ordinance, or regulation that is being
   21  amended to be less restrictive as to prohibition or to duration
   22  or frequency of rental of vacation rentals, regardless of its
   23  adoption date.
   24         (d)Properties owned, in whole or in part, by a
   25  servicemember as defined in s. 250.01 or by a disabled veteran
   26  with a service-connected disability rating of 30 percent or more
   27  according to the United States Department of Veterans Affairs,
   28  are exempt from any local law, ordinance or regulation that
   29  regulates the use of vacation rentals, including those adopted
   30  prior to June 1, 2011.
   31         (e)A vacation rental owner shall submit to the local
   32  jurisdiction a copy of the vacation rental license required
   33  under chapter 509, a copy of the certificate of registration
   34  required under s. 212.18, and emergency contact information. The
   35  submission of such documents and information is for
   36  informational purposes only. The local jurisdiction may not
   37  assess a fee for the submission.
   38         Section 2. Notwithstanding s. 509.032(7)(b), Florida
   39  Statutes, a municipality located on Boca Ciega Bay with a
   40  population of 1,500 or less may submit an ordinance adopted by
   41  the governing body of the municipality prior to 2009 for
   42  ratification of the electors at a referendum. If the ordinance
   43  is approved by at least two-thirds of the electors voting in the
   44  referendum, the effective date of the ordinance is the date of
   45  its initial adoption by the governing body of the municipality.
   46         Section 3. If any provision of this act is determined
   47  unconstitutional or otherwise determined invalid by a court of
   48  law, all the rest and remainder of the act shall remain in full
   49  force and effect as the law of this state.
   51  ====== D I R E C T O R Y  C L A U S E  A M E N D M E N T ======
   52  And the directory clause is amended as follows:
   53         Delete lines 5 - 6
   54  and insert:
   55         Section 1. Paragraph (b) of subsection (7) of section
   56  509.032, Florida Statutes, is amended, and new paragraphs (d)
   57  and (e) are added to that subsection, to read:
   59  ================= T I T L E  A M E N D M E N T ================
   60  And the title is amended as follows:
   61         Delete lines 46 - 51
   62  and insert:
   63         regarding vacation rentals; requiring a vacation
   64         rental owner to submit specified documents and
   65         information to the local jurisdiction; prohibiting the
   66         local jurisdiction from assessing certain fees;
   67         specifying that local laws, ordinances, or regulations
   68         regarding vacation rentals may not prohibit
   69         servicemember- or certain disabled veteran-owned
   70         properties from being used as vacation rentals or
   71         regulate the frequency or duration of such rentals;
   72         authorizing certain ordinances of specified
   73         municipalities to be submitted for ratification by
   74         electors at a referendum; providing a retroactive
   75         effective date for such ordinances; providing a saving
   76         clause;