Florida Senate - 2017                          SENATOR AMENDMENT
       Bill No. CS/HB 425, 1st Eng.
       
       
       
       
       
       
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                              LEGISLATIVE ACTION                        
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       Senator Latvala 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. Paragraphs (b) and (c) of subsection (7) of
    7  section 509.032, Florida Statutes, are amended to read:
    8         509.032 Duties.—
    9         (7) PREEMPTION AUTHORITY.—
   10         (b) A local law, ordinance, or regulation may not prohibit
   11  vacation rentals or regulate the duration or frequency of rental
   12  of vacation rentals. This paragraph does not apply to any local
   13  law, ordinance, or regulation adopted on or before June 1, 2011,
   14  including when such law, ordinance, or regulation:
   15         1. Is being amended to be less restrictive; or
   16         2. Reduces local regulatory burdens on vacation rentals
   17  owned, in whole or in part, by a person who is currently serving
   18  on active duty or temporary duty in a branch of the United
   19  States Armed Services or owned by a disabled veteran with a
   20  service-connected evaluation of such disability of 30 percent or
   21  more, according to the United States Department of Veterans
   22  Affairs.
   23         (c) Paragraph (b) does not apply to any local law,
   24  ordinance, or regulation governing exclusively relating to
   25  property valuation as a criterion for vacation rentals rental if
   26  the local law, ordinance, or regulation is required to be
   27  approved by the state land planning agency pursuant to an area
   28  of critical state concern designation.
   29         Section 2. Notwithstanding s. 509.032(7)(b), Florida
   30  Statutes, a municipality may submit an ordinance adopted by the
   31  governing body of the municipality prior to the effective date
   32  of chapter 2011-119, Laws of Florida, for ratification of the
   33  electors at a referendum. If the ordinance is approved by at
   34  least two-thirds of the electors voting in the referendum, the
   35  effective date of the ordinance is the date of its initial
   36  adoption by the governing body of the municipality.
   37         Section 3. This act shall take effect upon becoming a law.
   38  
   39  ================= T I T L E  A M E N D M E N T ================
   40  And the title is amended as follows:
   41         Delete everything before the enacting clause
   42  and insert:
   43                        A bill to be entitled                      
   44         An act relating to vacation rentals; amending s.
   45         509.032, F.S.; revising applicability for a preemption
   46         of certain local laws, ordinances, or regulations
   47         regarding vacation rentals; authorizing certain
   48         ordinances to be submitted for ratification by
   49         electors at a referendum; providing that, upon
   50         approval by the electors, the effective date of the
   51         ordinance is retroactive to the initial date of
   52         adoption by the governing body of the municipality;
   53         providing an effective date.