Florida Senate - 2018                                    SB 1400
       
       
        
       By Senator Steube
       
       
       
       
       
       23-00017D-18                                          20181400__
    1                        A bill to be entitled                      
    2         An act relating to vacation rentals; providing a
    3         directive to the Division of Law Revision and
    4         Information; creating s. 509.601, F.S.; providing a
    5         short title; creating s. 509.603, F.S.; providing
    6         legislative findings; specifying purpose; preempting
    7         regulation and control of vacation rentals to the
    8         state; specifying authority of the Division of Hotels
    9         and Restaurants over regulation of vacation rentals;
   10         requiring the division to adopt rules; specifying
   11         applicability of the preemption; creating s. 509.604,
   12         F.S.; requiring vacation rentals to obtain a license;
   13         specifying that individuals cannot transfer licenses;
   14         specifying a penalty for operating without a license;
   15         requiring local law enforcement to assist with
   16         enforcement; specifying that the division may refuse
   17         to issue or renew a license under certain
   18         circumstances; specifying that licenses must be
   19         renewed annually and that the division must adopt
   20         rules for staggered renewals; specifying the manner in
   21         which administrative proceedings proceed upon the
   22         expiration of a license; specifying that persons
   23         intending to use a property as a vacation rental apply
   24         for and receive a license before use; requiring such
   25         licenses to be displayed in a vacation rental;
   26         creating s. 509.605, F.S.; requiring the division to
   27         adopt rules regarding certain license and delinquent
   28         fees; specifying requirements regarding such fees;
   29         creating s. 509.606, F.S.; providing penalties for
   30         violations; specifying the circumstances that
   31         constitute a separate offense of a critical law or
   32         rule; specifying circumstances where a closed-for
   33         operation sign must be posted; specifying where
   34         administrative fines must be paid and credited to;
   35         specifying the maximum amount of time a vacation
   36         rental license may be suspended for; specifying
   37         certain circumstances where the division may fine,
   38         suspend, or revoke the license of a vacation rental;
   39         specifying that persons are not entitled to a license
   40         when administrative proceedings have been or will be
   41         brought against a licenseholder; providing enforcement
   42         for noncompliance with final orders or other
   43         administrative actions; authorizing the division to
   44         refuse the issuance or renewal of a license until all
   45         fines have been paid; creating s. 509.607, F.S.;
   46         specifying that vacation rentals are to be treated as
   47         transient rentals regarding certain tax and landlord
   48         and tenant provisions; exempting persons renting or
   49         advertising for rent from certain real estate
   50         regulations; creating s. 509.608, F.S.; preempting
   51         inspection of vacation rentals to the state;
   52         specifying that the division is solely responsible for
   53         inspections and quality assurance; specifying that the
   54         division has a right of entry and access for
   55         performing inspections; prohibiting the division from
   56         establishing certain rules; specifying that vacation
   57         rentals must be made available for inspection upon
   58         request; specifying procedures for vulnerable adults
   59         appearing to be victims of neglect and, in the case of
   60         buildings without automatic sprinkler systems, persons
   61         who may not be able to self-preserve in an emergency;
   62         requiring the division to inspect vacation rentals
   63         when necessary to respond to emergencies and
   64         epidemiological conditions; amending s. 509.013, F.S.;
   65         revising and defining terms; amending s. 509.032,
   66         F.S.; specifying provisions for inspection of vacation
   67         rentals; deleting certain preemption provisions
   68         relating to vacation rentals; amending ss. 509.072,
   69         509.091, 509.095, 509.101, 509.111, 509.141, 509.142,
   70         509.144, 509.162, 509.2015, 509.211, 509.2112, and
   71         509.215, F.S.; conforming provisions to changes made
   72         by the act; amending s. 509.221, F.S.; revising a
   73         provision that excludes vacation rentals from certain
   74         sanitary regulations; amending s. 509.241, F.S.;
   75         conforming provisions to changes made by the act;
   76         amending s. 509.242, F.S.; removing vacation rentals
   77         from the classifications of public lodging
   78         establishments; amending ss. 509.251, 509.281,
   79         509.302, 509.4005, 509.401, 509.402, 509.405, 509.409,
   80         and 509.417, F.S.; conforming provisions to changes
   81         made by the act; providing an effective date.
   82          
   83  Be It Enacted by the Legislature of the State of Florida:
   84  
   85         Section 1. The Division of Law Revision and Information is
   86  directed to create part III of chapter 509, Florida Statutes,
   87  consisting of ss. 509.601-509.608, Florida Statutes, to be
   88  entitled “Vacation Rentals.”
   89         Section 2. Section 509.601, Florida Statutes, is created to
   90  read:
   91         509.601 Short title.—This part may be cited as the “Florida
   92  Vacation Rental Act.”
   93         Section 3. Section 509.603, Florida Statutes, is created to
   94  read:
   95         509.603 Legislative findings and purpose; preemption of
   96  subject matter; duties.—
   97         (1) The Legislature finds that:
   98         (a)Property owners who choose to use their property as a
   99  vacation rental have constitutionally protected property and
  100  other rights that must be protected, including the right to use
  101  their residential property as a vacation rental;
  102         (b)Vacation rentals play a significant, unique, and
  103  critical role in Florida’s tourism industry, and that role is
  104  different from that of public lodging establishments;
  105         (c)There are factors unique to the ownership and operation
  106  of a vacation rental; and
  107         (d)Vacation rentals are residential in nature and thus,
  108  belong in residential neighborhoods.
  109         (2)This act is created for the purpose of regulating the
  110  factors unique to vacation rentals. The applicable provisions of
  111  part I of this chapter are hereby deemed incorporated in this
  112  act.
  113         (3) The regulation and control of vacation rentals is
  114  preempted to the state.
  115         (4)The division has the sole authority to carry out this
  116  act.
  117         (5)The division shall adopt rules pursuant to ss.
  118  120.536(1) and 120.54 to implement this part.
  119         (6) If any provision of this act is held invalid, it is the
  120  legislative intent that the preemption by this section be no
  121  longer applicable to the provision of the act held invalid.
  122         Section 4. Section 509.604, Florida Statutes, is created to
  123  read:
  124         509.604 Licenses required; exceptions.—
  125         (1)LICENSES; ANNUAL RENEWALS.—Each vacation rental shall
  126  obtain a license from the division. Such license may not be
  127  transferred from one place or individual to another. It shall be
  128  a misdemeanor of the second degree, punishable as provided in s.
  129  775.082 or s. 775.083, for such a rental to operate without a
  130  license. Local law enforcement shall provide immediate
  131  assistance in pursuing an illegally operating vacation rental.
  132  The division may refuse to issue a license, or a renewal
  133  thereof, to any vacation rental of an operator of which, within
  134  the preceding 5 years, has been adjudicated guilty of, or has
  135  forfeited a bond when charged with, any crime reflecting on
  136  professional character, including soliciting for prostitution,
  137  pandering, letting premises for prostitution, keeping a
  138  disorderly place, or illegally dealing in controlled substances
  139  as defined in chapter 893, whether in this state or in any other
  140  jurisdiction within the United States, or has had a license
  141  denied, revoked, or suspended pursuant to s. 429.14. Licenses
  142  must be renewed annually, and the division shall adopt a rule
  143  establishing a staggered schedule for license renewals. If any
  144  license expires while administrative charges are pending against
  145  the license, the proceedings against the license shall continue
  146  to conclusion as if the license were still in effect.
  147         (2)APPLICATION FOR LICENSE.—Each person intending to use
  148  his or her property as a vacation rental must apply for and
  149  receive a license from the division before the commencement of
  150  such use.
  151         (3)DISPLAY OF LICENSE.—Any license issued by the division
  152  must be conspicuously displayed in the vacation rental.
  153         Section 5. Section 509.605, Florida Statutes, is created to
  154  read:
  155         509.605 License fees.—
  156         (1)The division shall adopt by rule a fee to be paid by
  157  each vacation rental as a prerequisite to issuance or renewal of
  158  a license. Vacation rental units within separate buildings or at
  159  separate locations but managed by one licensed operator may be
  160  combined in a single license application, and the division shall
  161  charge a license fee as if all units in the application are a
  162  single vacation rental; however, such fee may not exceed $1,000.
  163  The rule must require a vacation rental that applies for an
  164  initial license to pay the full license fee if application is
  165  made during the annual renewal period or more than 6 months
  166  before the next such renewal period and one-half of the fee if
  167  application is made 6 months or less before such period. The
  168  rule must also require that fees be collected for the purpose of
  169  funding the Hospitality Education Program, pursuant to s.
  170  509.302. Such fees must be payable in full for each application
  171  regardless of when the application is submitted.
  172         (2)Upon making initial application or an application for
  173  change of ownership of a vacation rental, the applicant must pay
  174  to the division a fee as prescribed by rule, not to exceed $50,
  175  in addition to any other fees required by law, which must cover
  176  all costs associated with initiating regulation of the vacation
  177  rental.
  178         (3)A license renewal filed with the division after the
  179  expiration date must be accompanied by a delinquent fee as
  180  prescribed by rule, not to exceed $50, in addition to the
  181  renewal fee and any other fees required by law.
  182         Section 6. Section 509.606, Florida Statutes, is created to
  183  read:
  184         509.606 Revocation or suspension of licenses; fines;
  185  procedure.—
  186         (1)Any vacation rental operating in violation of this act
  187  or the rules of the division, operating without a license, or
  188  operating with a suspended or revoked license may be subject by
  189  the division to:
  190         (a)Fines not to exceed $1,000 per offense; and
  191         (b)The suspension, revocation, or refusal of a license
  192  issued pursuant to this chapter.
  193         (2)For the purposes of this section, the division may
  194  regard as a separate offense each day or portion of a day on
  195  which a vacation rental is operated in violation of a “critical
  196  law or rule,” as that term is defined by rule.
  197         (3)The division shall post a prominent closed-for
  198  operation sign on any vacation rental, the license of which has
  199  been suspended or revoked. The division shall also post such
  200  sign on any vacation rental judicially or administratively
  201  determined to be operating without a license. It is a
  202  misdemeanor of the second degree, punishable as provided in s.
  203  775.082 or s. 775.083, for any person to deface or remove such
  204  closed-for-operation sign or for any vacation rental to open for
  205  operation without a license or to open for operation while its
  206  license is suspended or revoked. The division may impose
  207  administrative sanctions for violations of this section.
  208         (4)All funds received by the division as satisfaction for
  209  administrative fines must be paid into the State Treasury to the
  210  credit of the Hotel and Restaurant Trust Fund and may not
  211  subsequently be used for payment to any entity performing
  212  required inspections under contract with the division.
  213  Administrative fines may be used to support division programs
  214  pursuant to s. 509.302(1).
  215         (5)(a)A license may not be suspended under this section
  216  for a period of more than 12 months. At the end of such period
  217  of suspension, the vacation rental may apply for reinstatement
  218  or renewal of the license. A vacation rental, the license of
  219  which is revoked, may not apply for another license for that
  220  location before the date on which the revoked license would have
  221  expired.
  222         (b)The division may fine, suspend, or revoke the license
  223  of any vacation rental if an operator knowingly lets, leases, or
  224  gives space for unlawful gambling purposes or permits unlawful
  225  gambling in such establishment or in or upon any premises which
  226  are used in connection with, and are under the same charge,
  227  control, or management as, such establishment.
  228         (6)The division may fine, suspend, or revoke the license
  229  of any vacation rental when:
  230         (a)Any person with a direct financial interest in the
  231  licensed vacation rental, within the preceding 5 years in this
  232  state, any other state, or the United States, has been
  233  adjudicated guilty of or forfeited a bond when charged with
  234  soliciting for prostitution, pandering, letting premises for
  235  prostitution, keeping a disorderly place, illegally dealing in
  236  controlled substances as defined in chapter 893, or any other
  237  crime reflecting on professional character.
  238         (b)The division has deemed such vacation rental to be an
  239  imminent danger to the public health and safety for failure to
  240  meet sanitation standards, or the division has determined the
  241  vacation rental to be unsafe or unfit for human occupancy.
  242         (7)A person is not entitled to the issuance of a license
  243  for any vacation rental except in the discretion of the director
  244  when the division has notified the current licenseholder for
  245  such premises that administrative proceedings have been or will
  246  be brought against such current licensee for violation of any
  247  provision of this chapter or rule of the division.
  248         (8)The division may fine, suspend, or revoke the license
  249  of any vacation rental when the rental is not in compliance with
  250  the requirements of a final order or other administrative action
  251  issued against the licensee by the division.
  252         (9)The division may refuse to issue or renew the license
  253  of any vacation rental until all outstanding fines are paid in
  254  full to the division as required by all final orders or other
  255  administrative action issued against the licensee by the
  256  division.
  257         Section 7. Section 509.607, Florida Statutes, is created to
  258  read:
  259         509.607 Taxes; exemptions.—Vacation rentals are subject to
  260  chapter 212 in the same manner as transient rentals. Vacation
  261  rentals are exempt from chapter 83 in the same manner as
  262  transient rentals. Any person, partnership, corporation, or
  263  other legal entity which, for another and for compensation or
  264  other valuable consideration, rents or advertises for rent a
  265  vacation rental licensed under chapter 509 is exempt from
  266  chapter 475.
  267         Section 8. Section 509.608, Florida Statutes, is created to
  268  read:
  269         509.608 Inspection of premises.—
  270         (1)Inspection of vacation rentals is preempted to the
  271  state, and the division has jurisdiction and is solely
  272  responsible for all inspections. The division is solely
  273  responsible for quality assurance.
  274         (2)For purposes of performing inspections and the
  275  enforcement of this chapter, the division has the right of entry
  276  and access to a vacation rental at any reasonable time.
  277         (3)The division may not establish by rule any regulation
  278  governing the design, construction, erection, alteration,
  279  modification, repair, or demolition of any vacation rental.
  280         (4)Vacation rentals must be made available to the division
  281  for inspection upon request. If, during the inspection of a
  282  vacation rental, an inspector identifies vulnerable adults who
  283  appear to be victims of neglect, as defined in s. 415.102, or,
  284  in the case of a building that is not equipped with automatic
  285  sprinkler systems, tenants or clients who may be unable to self
  286  preserve in an emergency, the division shall convene meetings
  287  with the following agencies as appropriate to the individual
  288  situation: the Department of Health, the Department of Elderly
  289  Affairs, the area agency on aging, the local fire marshal, the
  290  landlord and affected tenants and clients, and other relevant
  291  organizations, to develop a plan that improves the prospects for
  292  safety of affected residents and, if necessary, identifies
  293  alternative living arrangements, such as facilities licensed
  294  under part II of chapter 400 or under chapter 429.
  295         (5)The division shall inspect vacation rentals whenever
  296  necessary to respond to an emergency or epidemiological
  297  condition.
  298         Section 9. Subsections (2) and (3) and paragraph (b) of
  299  subsection (4) of section 509.013, Florida Statutes, are
  300  amended, and subsection (17) is added to that section, to read:
  301         509.013 Definitions.—As used in this chapter, the term:
  302         (2) “Operator” means the owner, licensee, proprietor,
  303  lessee, manager, assistant manager, or appointed agent of a
  304  public lodging establishment, vacation rental, or public food
  305  service establishment.
  306         (3) “Guest” means any patron, customer, tenant, lodger,
  307  boarder, or occupant of a public lodging establishment, vacation
  308  rental, or public food service establishment.
  309         (4)
  310         (b) The following are excluded from the definitions in
  311  paragraph (a):
  312         1. Any dormitory or other living or sleeping facility
  313  maintained by a public or private school, college, or university
  314  for the use of students, faculty, or visitors.
  315         2. Any facility certified or licensed and regulated by the
  316  Agency for Health Care Administration or the Department of
  317  Children and Families or other similar place regulated under s.
  318  381.0072.
  319         3. Any place renting four rental units or less, unless the
  320  rental units are advertised or held out to the public to be
  321  places that are regularly rented to transients.
  322         4. Any unit or group of units in a condominium,
  323  cooperative, or timeshare plan and any individually or
  324  collectively owned one-family, two-family, three-family, or
  325  four-family dwelling house or dwelling unit that is rented for
  326  periods of at least 30 days or 1 calendar month, whichever is
  327  less, and that is not advertised or held out to the public as a
  328  place regularly rented for periods of less than 1 calendar
  329  month, provided that no more than four rental units within a
  330  single complex of buildings are available for rent.
  331         5. Any migrant labor camp or residential migrant housing
  332  permitted by the Department of Health under ss. 381.008
  333  381.00895.
  334         6. Any establishment inspected by the Department of Health
  335  and regulated by chapter 513.
  336         7. Any nonprofit organization that operates a facility
  337  providing housing only to patients, patients’ families, and
  338  patients’ caregivers and not to the general public.
  339         8. Any apartment building inspected by the United States
  340  Department of Housing and Urban Development or other entity
  341  acting on the department’s behalf that is designated primarily
  342  as housing for persons at least 62 years of age. The division
  343  may require the operator of the apartment building to attest in
  344  writing that such building meets the criteria provided in this
  345  subparagraph. The division may adopt rules to implement this
  346  requirement.
  347         9. Any roominghouse, boardinghouse, or other living or
  348  sleeping facility that may not be classified as a hotel, motel,
  349  timeshare project, vacation rental, nontransient apartment, bed
  350  and breakfast inn, or transient apartment under s. 509.242.
  351         10.Any vacation rental.
  352         (17)“Vacation rental” means any unit in a condominium or
  353  cooperative or any individually or collectively owned single
  354  family, two-family, three-family, or four-family house or
  355  dwelling unit that is rented to guests for periods of less than
  356  6 months.
  357         Section 10. Paragraph (a) of subsection (2) and subsection
  358  (7) of section 509.032, Florida Statutes, are amended to read:
  359         509.032 Duties.—
  360         (2) INSPECTION OF PREMISES.—
  361         (a) The division has jurisdiction and is responsible for
  362  all inspections required by this chapter. The inspection of
  363  vacation rentals shall be done in accordance with part III of
  364  this chapter. The division is responsible for quality assurance.
  365  The division shall inspect each licensed public lodging
  366  establishment at least biannually, except for transient and
  367  nontransient apartments, which shall be inspected at least
  368  annually. Each establishment licensed by the division shall be
  369  inspected at such other times as the division determines is
  370  necessary to ensure the public’s health, safety, and welfare.
  371  The division shall adopt by rule a risk-based inspection
  372  frequency for each licensed public food service establishment.
  373  The rule must require at least one, but not more than four,
  374  routine inspections that must be performed annually, and may
  375  include guidelines that consider the inspection and compliance
  376  history of a public food service establishment, the type of food
  377  and food preparation, and the type of service. The division
  378  shall reassess the inspection frequency of all licensed public
  379  food service establishments at least annually. Public lodging
  380  units classified as vacation rentals or timeshare projects are
  381  not subject to this requirement but shall be made available to
  382  the division upon request. If, during the inspection of a public
  383  lodging establishment classified for renting to transient or
  384  nontransient tenants, an inspector identifies vulnerable adults
  385  who appear to be victims of neglect, as defined in s. 415.102,
  386  or, in the case of a building that is not equipped with
  387  automatic sprinkler systems, tenants or clients who may be
  388  unable to self-preserve in an emergency, the division shall
  389  convene meetings with the following agencies as appropriate to
  390  the individual situation: the Department of Health, the
  391  Department of Elderly Affairs, the area agency on aging, the
  392  local fire marshal, the landlord and affected tenants and
  393  clients, and other relevant organizations, to develop a plan
  394  that improves the prospects for safety of affected residents
  395  and, if necessary, identifies alternative living arrangements
  396  such as facilities licensed under part II of chapter 400 or
  397  under chapter 429.
  398         (7) PREEMPTION AUTHORITY.—
  399         (a) The regulation of public lodging establishments and
  400  public food service establishments, including, but not limited
  401  to, sanitation standards, inspections, training and testing of
  402  personnel, and matters related to the nutritional content and
  403  marketing of foods offered in such establishments, is preempted
  404  to the state. This paragraph does not preempt the authority of a
  405  local government or local enforcement district to conduct
  406  inspections of public lodging and public food service
  407  establishments for compliance with the Florida Building Code and
  408  the Florida Fire Prevention Code, pursuant to ss. 553.80 and
  409  633.206.
  410         (b) A local law, ordinance, or regulation may not prohibit
  411  vacation rentals or regulate the duration or frequency of rental
  412  of vacation rentals. This paragraph does not apply to any local
  413  law, ordinance, or regulation adopted on or before June 1, 2011.
  414         (c) Paragraph (b) does not apply to any local law,
  415  ordinance, or regulation exclusively relating to property
  416  valuation as a criterion for vacation rental if the local law,
  417  ordinance, or regulation is required to be approved by the state
  418  land planning agency pursuant to an area of critical state
  419  concern designation.
  420         Section 11. Subsection (1) of section 509.072, Florida
  421  Statutes, is amended to read:
  422         509.072 Hotel and Restaurant Trust Fund; collection and
  423  disposition of moneys received.—
  424         (1) There is created a Hotel and Restaurant Trust Fund to
  425  be used for the administration and operation of the division and
  426  the carrying out of all laws and rules under the jurisdiction of
  427  the division pertaining to the construction, maintenance, and
  428  operation of public lodging establishments, vacation rentals,
  429  and public food service establishments, including the inspection
  430  of elevators as required under chapter 399. All funds collected
  431  by the division and the amounts paid for licenses and fees shall
  432  be deposited in the State Treasury into the Hotel and Restaurant
  433  Trust Fund.
  434         Section 12. Section 509.091, Florida Statutes, is amended
  435  to read:
  436         509.091 Notices; form and service.—
  437         (1) Each notice served by the division pursuant to this
  438  chapter must be in writing and must be delivered personally by
  439  an agent of the division or by registered letter to the operator
  440  of the public lodging establishment, vacation rental, or public
  441  food service establishment. If the operator refuses to accept
  442  service or evades service or the agent is otherwise unable to
  443  effect service after due diligence, the division may post such
  444  notice in a conspicuous place at the establishment.
  445         (2) Notwithstanding subsection (1), the division may
  446  deliver lodging inspection reports and food service inspection
  447  reports to the operator of the public lodging establishment,
  448  vacation rental, or public food service establishment by
  449  electronic means.
  450         Section 13. Section 509.095, Florida Statutes, is amended
  451  to read:
  452         509.095 Accommodations at public lodging establishments or
  453  vacation rentals for individuals with a valid military
  454  identification card.—Upon the presentation of a valid military
  455  identification card by an individual who is currently on active
  456  duty as a member of the United States Armed Forces, National
  457  Guard, Reserve Forces, or Coast Guard, and who seeks to obtain
  458  accommodations at a hotel, motel, or bed and breakfast inn, as
  459  defined in s. 509.242, or vacation rental, such hotel, motel, or
  460  bed and breakfast inn, or vacation rental shall waive any
  461  minimum age policy that it may have which restricts
  462  accommodations to individuals based on age. Duplication of a
  463  military identification card presented pursuant to this section
  464  is prohibited.
  465         Section 14. Subsection (1) of section 509.101, Florida
  466  Statutes, is amended to read:
  467         509.101 Establishment rules; posting of notice; food
  468  service inspection report; maintenance of guest register; mobile
  469  food dispensing vehicle registry.—
  470         (1) Any operator of a public lodging establishment,
  471  vacation rental, or a public food service establishment may
  472  establish reasonable rules and regulations for the management of
  473  the establishment and its guests and employees; and each guest
  474  or employee staying, sojourning, eating, or employed in the
  475  establishment shall conform to and abide by such rules and
  476  regulations so long as the guest or employee remains in or at
  477  the establishment. Such rules and regulations shall be deemed to
  478  be a special contract between the operator and each guest or
  479  employee using the services or facilities of the operator. Such
  480  rules and regulations shall control the liabilities,
  481  responsibilities, and obligations of all parties. Any rules or
  482  regulations established pursuant to this section shall be
  483  printed in the English language and posted in a prominent place
  484  within such public lodging establishment, vacation rental, or
  485  public food service establishment. In addition, any operator of
  486  a public food service establishment shall maintain a copy of the
  487  latest food service inspection report and shall make it
  488  available to the division at the time of any division inspection
  489  of the establishment and to the public, upon request.
  490         Section 15. Section 509.111, Florida Statutes, is amended
  491  to read:
  492         509.111 Liability for property of guests.—
  493         (1) The operator of a public lodging establishment or
  494  vacation rental is not under any obligation to accept for
  495  safekeeping any moneys, securities, jewelry, or precious stones
  496  of any kind belonging to any guest, and, if such are accepted
  497  for safekeeping, the operator is not liable for the loss thereof
  498  unless such loss was the proximate result of fault or negligence
  499  of the operator. However, the liability of the operator shall be
  500  limited to $1,000 for such loss, if the public lodging
  501  establishment or vacation rental gave a receipt for the property
  502  (stating the value) on a form which stated, in type large enough
  503  to be clearly noticeable, that the public lodging establishment
  504  or vacation rental was not liable for any loss exceeding $1,000
  505  and was only liable for that amount if the loss was the
  506  proximate result of fault or negligence of the operator.
  507         (2) The operator of a public lodging establishment or
  508  vacation rental is not liable or responsible to any guest for
  509  the loss of wearing apparel, goods, or other property, except as
  510  provided in subsection (1), unless such loss occurred as the
  511  proximate result of fault or negligence of such operator, and,
  512  in case of fault or negligence, the operator is not liable for a
  513  greater sum than $500, unless the guest, before prior to the
  514  loss or damage, files with the operator an inventory of the
  515  guest’s effects and the value thereof and the operator is given
  516  the opportunity to inspect such effects and check them against
  517  such inventory. The operator of a public lodging establishment
  518  or vacation rental is not liable or responsible to any guest for
  519  the loss of effects listed in such inventory in a total amount
  520  exceeding $1,000.
  521         Section 16. Section 509.141, Florida Statutes, is amended
  522  to read:
  523         509.141 Refusal of admission and ejection of undesirable
  524  guests; notice; procedure; penalties for refusal to leave.—
  525         (1) The operator of any public lodging establishment,
  526  vacation rental, or public food service establishment may remove
  527  or cause to be removed from such establishment, in the manner
  528  hereinafter provided, any guest of the establishment who, while
  529  on the premises of the establishment, illegally possesses or
  530  deals in controlled substances as defined in chapter 893 or is
  531  intoxicated, profane, lewd, or brawling; who indulges in any
  532  language or conduct which disturbs the peace and comfort of
  533  other guests or which injures the reputation, dignity, or
  534  standing of the establishment; who, in the case of a public
  535  lodging establishment or vacation rental, fails to make payment
  536  of rent at the agreed-upon rental rate by the agreed-upon
  537  checkout time; who, in the case of a public lodging
  538  establishment or vacation rental, fails to check out by the time
  539  agreed upon in writing by the guest and public lodging
  540  establishment or vacation rental at check-in unless an extension
  541  of time is agreed to by the public lodging establishment or
  542  vacation rental and guest before prior to checkout; who, in the
  543  case of a public food service establishment, fails to make
  544  payment for food, beverages, or services; or who, in the opinion
  545  of the operator, is a person the continued entertainment of whom
  546  would be detrimental to such establishment. The admission to, or
  547  the removal from, such establishment may shall not be based upon
  548  race, creed, color, sex, physical disability, or national
  549  origin.
  550         (2) The operator of any public lodging establishment,
  551  vacation rental, or public food service establishment shall
  552  notify such guest that the establishment no longer desires to
  553  entertain the guest and shall request that such guest
  554  immediately depart from the establishment. Such notice may be
  555  given orally or in writing. If the notice is in writing, it
  556  shall be as follows:
  557  
  558         “You are hereby notified that this establishment no longer
  559  desires to entertain you as its guest, and you are requested to
  560  leave at once. To remain after receipt of this notice is a
  561  misdemeanor under the laws of this state.”
  562  
  563  If such guest has paid in advance, the establishment shall, at
  564  the time such notice is given, tender to such guest the unused
  565  portion of the advance payment; however, the establishment may
  566  withhold payment for each full day that the guest has been
  567  entertained at the establishment for any portion of the 24-hour
  568  period of such day.
  569         (3) Any guest who remains or attempts to remain in any such
  570  establishment after being requested to leave commits is guilty
  571  of a misdemeanor of the second degree, punishable as provided in
  572  s. 775.082 or s. 775.083.
  573         (4) If any person is illegally on the premises of any
  574  public lodging establishment, vacation rental, or public food
  575  service establishment, the operator of such establishment may
  576  call upon any law enforcement officer of this state for
  577  assistance. It is the duty of such law enforcement officer, upon
  578  the request of such operator, to place under arrest and take
  579  into custody for violation of this section any guest who
  580  violates subsection (3) in the presence of the officer. If a
  581  warrant has been issued by the proper judicial officer for the
  582  arrest of any violator of subsection (3), the officer shall
  583  serve the warrant, arrest the person, and take the person into
  584  custody. Upon arrest, with or without warrant, the guest will be
  585  deemed to have given up any right to occupancy or to have
  586  abandoned such right of occupancy of the premises, and the
  587  operator of the establishment may then make such premises
  588  available to other guests. However, the operator of the
  589  establishment shall employ all reasonable and proper means to
  590  care for any personal property which may be left on the premises
  591  by such guest and shall refund any unused portion of moneys paid
  592  by such guest for the occupancy of such premises.
  593         Section 17. Section 509.142, Florida Statutes, is amended
  594  to read:
  595         509.142 Conduct on premises; refusal of service.—The
  596  operator of a public lodging establishment, vacation rental, or
  597  public food service establishment may refuse accommodations or
  598  service to any person whose conduct on the premises of the
  599  establishment displays intoxication, profanity, lewdness, or
  600  brawling; who indulges in language or conduct such as to disturb
  601  the peace or comfort of other guests; who engages in illegal or
  602  disorderly conduct; who illegally possesses or deals in
  603  controlled substances as defined in chapter 893; or whose
  604  conduct constitutes a nuisance. Such refusal may not be based
  605  upon race, creed, color, sex, physical disability, or national
  606  origin.
  607         Section 18. Section 509.144, Florida Statutes, is amended
  608  to read:
  609         509.144 Prohibited handbill distribution in a public
  610  lodging establishment or vacation rental; penalties.—
  611         (1) As used in this section, the term:
  612         (a) “Handbill” means a flier, leaflet, pamphlet, or other
  613  written material that advertises, promotes, or informs persons
  614  about a person, business, company, or food service establishment
  615  but does not include employee communications permissible under
  616  the National Labor Relations Act, other communications protected
  617  by the First Amendment to the United States Constitution, or
  618  communications about public health, safety, or welfare
  619  distributed by a federal, state, or local governmental entity or
  620  a public or private utility.
  621         (b) “Without permission” means without the expressed
  622  written permission of the owner, manager, or agent of the owner
  623  or manager of the public lodging establishment or vacation
  624  rental where a sign is posted prohibiting advertising or
  625  solicitation in the manner provided in subsection (5).
  626         (c) “At or in a public lodging establishment or vacation
  627  rental” means any property under the sole ownership or control
  628  of a public lodging establishment or vacation rental.
  629         (2) Any person, agent, contractor, or volunteer who is
  630  acting on behalf of a person, business, company, or food service
  631  establishment and who, without permission, delivers,
  632  distributes, or places, or attempts to deliver, distribute, or
  633  place, a handbill at or in a public lodging establishment or
  634  vacation rental commits a misdemeanor of the first degree,
  635  punishable as provided in s. 775.082 or s. 775.083.
  636         (3) Any person who, without permission, directs another
  637  person to deliver, distribute, or place, or attempts to deliver,
  638  distribute, or place, a handbill at or in a public lodging
  639  establishment or vacation rental commits a misdemeanor of the
  640  first degree, punishable as provided in s. 775.082 or s.
  641  775.083. Any person sentenced under this subsection shall be
  642  ordered to pay a minimum fine of $500 in addition to any other
  643  penalty imposed by the court.
  644         (4) In addition to any penalty imposed by the court, a
  645  person who violates subsection (2) or subsection (3) must:
  646         (a) Shall Pay a minimum fine of $2,000 for a second
  647  violation.
  648         (b) Shall Pay a minimum fine of $3,000 for a third or
  649  subsequent violation.
  650         (5) For purposes of this section, a public lodging
  651  establishment or vacation rental that intends to prohibit
  652  advertising or solicitation, as described in this section, at or
  653  in such establishment must comply with the following
  654  requirements when posting a sign prohibiting such solicitation
  655  or advertising:
  656         (a) There must appear prominently on any sign referred to
  657  in this subsection, in letters of not less than 2 inches in
  658  height, the terms “no advertising” or “no solicitation” or terms
  659  that indicate the same meaning.
  660         (b) The sign must be posted conspicuously.
  661         (c) If the main office of a the public lodging
  662  establishment is immediately accessible by entering the office
  663  through a door from a street, parking lot, grounds, or other
  664  area outside such establishment, the sign must be placed on a
  665  part of the main office, such as a door or window, and the sign
  666  must face the street, parking lot, grounds, or other area
  667  outside such establishment.
  668         (d) If the main office of a the public lodging
  669  establishment is not immediately accessible by entering the
  670  office through a door from a street, parking lot, grounds, or
  671  other area outside such establishment, the sign must be placed
  672  in the immediate vicinity of the main entrance to such
  673  establishment, and the sign must face the street, parking lot,
  674  grounds, or other area outside such establishment.
  675         (6) Any personal property, including, but not limited to,
  676  any vehicle, item, object, tool, device, weapon, machine, money,
  677  security, book, or record, that is used or attempted to be used
  678  as an instrumentality in the commission of, or in aiding and
  679  abetting in the commission of, a person’s third or subsequent
  680  violation of this section, whether or not comprising an element
  681  of the offense, is subject to seizure and forfeiture under the
  682  Florida Contraband Forfeiture Act.
  683         Section 19. Subsections (1), (2), and (3) of section
  684  509.162, Florida Statutes, are amended to read:
  685         509.162 Theft of personal property; detaining and arrest of
  686  violator; theft by employee.—
  687         (1) Any law enforcement officer or operator of a public
  688  lodging establishment, vacation rental, or public food service
  689  establishment who has probable cause to believe that theft of
  690  personal property belonging to such establishment has been
  691  committed by a person and that the officer or operator can
  692  recover such property or the reasonable value thereof by taking
  693  the person into custody may, for the purpose of attempting to
  694  effect such recovery or for prosecution, take such person into
  695  custody on the premises and detain such person in a reasonable
  696  manner and for a reasonable period of time. If the operator
  697  takes the person into custody, a law enforcement officer shall
  698  be called to the scene immediately. The taking into custody and
  699  detention by a law enforcement officer or operator of a public
  700  lodging establishment, vacation rental, or public food service
  701  establishment, if done in compliance with this subsection, does
  702  not render such law enforcement officer or operator criminally
  703  or civilly liable for false arrest, false imprisonment, or
  704  unlawful detention.
  705         (2) Any law enforcement officer may arrest, either on or
  706  off the premises and without warrant, any person if there is
  707  probable cause to believe that person has committed theft in a
  708  public lodging establishment, vacation rental, or in a public
  709  food service establishment.
  710         (3) Any person who resists the reasonable effort of a law
  711  enforcement officer or operator of a public lodging
  712  establishment, vacation rental, or public food service
  713  establishment to recover property which the law enforcement
  714  officer or operator had probable cause to believe had been
  715  stolen from the public lodging establishment, vacation rental,
  716  or public food service establishment, and who is subsequently
  717  found to be guilty of theft of the subject property, is guilty
  718  of a misdemeanor of the first degree, punishable as provided in
  719  s. 775.082 or s. 775.083, unless such person did not know, or
  720  did not have reason to know, that the person seeking to recover
  721  the property was a law enforcement officer or the operator. For
  722  purposes of this section, the charge of theft and the charge of
  723  resisting apprehension may be tried concurrently.
  724         Section 20. Section 509.2015, Florida Statutes, is amended
  725  to read:
  726         509.2015 Telephone surcharges by public lodging
  727  establishments and vacation rentals.—
  728         (1) A public lodging establishment or vacation rental that
  729  which imposes a surcharge for any telephone call must post
  730  notice of such surcharge in a conspicuous place located by each
  731  telephone from which a call which is subject to a surcharge may
  732  originate. Such notice must be plainly visible and printed on a
  733  sign that is not less than 3 inches by 5 inches in size, and
  734  such notice shall clearly state if the surcharge applies whether
  735  or not the telephone call has been attempted or completed.
  736         (2) The division may, pursuant to s. 509.261 or s. 509.606,
  737  suspend or revoke the license of, or impose a fine against, any
  738  public lodging establishment or vacation rental that violates
  739  subsection (1).
  740         Section 21. Subsections (1), (2), and (3) of section
  741  509.211, Florida Statutes, are amended to read:
  742         509.211 Safety regulations.—
  743         (1) Each bedroom or apartment in each public lodging
  744  establishment or vacation rental must shall be equipped with an
  745  approved locking device on each door opening to the outside, to
  746  an adjoining room or apartment, or to a hallway.
  747         (2)(a) It is unlawful for any person to use within any
  748  public lodging establishment, vacation rental, or public food
  749  service establishment any fuel-burning wick-type equipment for
  750  space heating unless such equipment is vented so as to prevent
  751  the accumulation of toxic or injurious gases or liquids.
  752         (b) Any person who violates the provisions of paragraph (a)
  753  commits a misdemeanor of the second degree, punishable as
  754  provided in s. 775.082 or s. 775.083.
  755         (3) Each public lodging establishment or vacation rental
  756  that is three or more stories in height must have safe and
  757  secure railings on all balconies, platforms, and stairways, and
  758  all such railings must be properly maintained and repaired. The
  759  division may impose administrative sanctions for violations of
  760  this subsection pursuant to s. 509.261.
  761         Section 22. Section 509.2112, Florida Statutes, is amended
  762  to read:
  763         509.2112 Public lodging establishments and vacation rentals
  764  three stories or more in height; inspection rules.—The Division
  765  of Hotels and Restaurants of the Department of Business and
  766  Professional Regulation is directed to provide rules to require
  767  that:
  768         (1) Every public lodging establishment or vacation rental
  769  that is three stories or more in height in the state file a
  770  certificate stating that any and all balconies, platforms,
  771  stairways, and railways have been inspected by a person
  772  competent to conduct such inspections and are safe, secure, and
  773  free of defects.
  774         (2) The information required under subsection (1) be filed
  775  commencing January 1, 1991, and every 3 years thereafter, with
  776  the Division of Hotels and Restaurants and the applicable county
  777  or municipal authority responsible for building and zoning
  778  permits.
  779         (3) If a public lodging establishment or vacation rental
  780  that is three or more stories in height fails to file the
  781  information required in subsection (1), the Division of Hotels
  782  and Restaurants shall impose administrative sanctions pursuant
  783  to s. 509.261.
  784         Section 23. Subsections (2) and (3), paragraph (a) of
  785  subsection (4), and subsection (6) of section 509.215, Florida
  786  Statutes, are amended to read:
  787         509.215 Firesafety.—
  788         (2) Any public lodging establishment or vacation rental, as
  789  defined in this chapter, which is of three stories or more and
  790  for which the construction contract was let before October 1,
  791  1983, shall be equipped with:
  792         (a) A system which complies with subsection (1); or
  793         (b) An approved sprinkler system for all interior
  794  corridors, public areas, storage rooms, closets, kitchen areas,
  795  and laundry rooms, less individual guest rooms, if the following
  796  conditions are met:
  797         1. There is a minimum 1-hour separation between each guest
  798  room and between each guest room and a corridor.
  799         2. The building is constructed of noncombustible materials.
  800         3. The egress conditions meet the requirements of s. 5-3 of
  801  the Life Safety Code, NFPA 101.
  802         4. The building has a complete automatic fire detection
  803  system which meets the requirements of NFPA-72A and NFPA-72E,
  804  including smoke detectors in each guest room individually
  805  annunciating to a panel at a supervised location.
  806         (3) Notwithstanding any other provision of law to the
  807  contrary, this section applies only to those public lodging
  808  establishments and vacation rentals in a building wherein more
  809  than 50 percent of the units in the building are advertised or
  810  held out to the public as available for transient occupancy.
  811         (4)(a) Special exception to the provisions of this section
  812  shall be made for a public lodging establishment or vacation
  813  rental structure that is individually listed in the National
  814  Register of Historic Places pursuant to the National Historic
  815  Preservation Act of 1966, as amended; or is a contributing
  816  property to a National Register-listed district; or is
  817  designated as a historic property, or as a contributing property
  818  to a historic district under the terms of a local preservation
  819  ordinance.
  820         (6) Specialized smoke detectors for the deaf and hearing
  821  impaired shall be available upon request by guests in public
  822  lodging establishments or vacation rentals at a rate of at least
  823  one such smoke detector per 50 dwelling units or portions
  824  thereof, not to exceed five such smoke detectors per public
  825  lodging facility.
  826         Section 24. Subsection (9) of section 509.221, Florida
  827  Statutes, is amended to read:
  828         509.221 Sanitary regulations.—
  829         (9) Subsections (2), (5), and (6) do not apply to any
  830  facility or unit classified as a vacation rental, nontransient
  831  apartment, or timeshare project as described in s. 509.242(1)(c)
  832  and (f) s. 509.242(1)(c), (d), and (g).
  833         Section 25. Subsection (2) of section 509.241, Florida
  834  Statutes, is amended to read:
  835         509.241 Licenses required; exceptions.—
  836         (2) APPLICATION FOR LICENSE.—Each person who plans to open
  837  a public lodging establishment or a public food service
  838  establishment shall apply for and receive a license from the
  839  division before prior to the commencement of operation. A
  840  condominium association, as defined in s. 718.103, which does
  841  not own any units classified as a timeshare project vacation
  842  rentals or timeshare projects under s. 509.242(1)(f) or as a
  843  vacation rental s. 509.242(1)(c) or (g) is not required to apply
  844  for or receive a public lodging establishment license.
  845         Section 26. Subsection (1) of section 509.242, Florida
  846  Statutes, is amended to read:
  847         509.242 Public lodging establishments; classifications.—
  848         (1) A public lodging establishment is shall be classified
  849  as a hotel, motel, nontransient apartment, transient apartment,
  850  bed and breakfast inn, or timeshare project, or vacation rental
  851  if the establishment satisfies the following criteria:
  852         (a) Hotel.—A hotel is any public lodging establishment
  853  containing sleeping room accommodations for 25 or more guests
  854  and providing the services generally provided by a hotel and
  855  recognized as a hotel in the community in which it is situated
  856  or by the industry.
  857         (b) Motel.—A motel is any public lodging establishment
  858  which offers rental units with an exit to the outside of each
  859  rental unit, daily or weekly rates, offstreet parking for each
  860  unit, a central office on the property with specified hours of
  861  operation, a bathroom or connecting bathroom for each rental
  862  unit, and at least six rental units, and which is recognized as
  863  a motel in the community in which it is situated or by the
  864  industry.
  865         (c) Vacation rental.—A vacation rental is any unit or group
  866  of units in a condominium or cooperative or any individually or
  867  collectively owned single-family, two-family, three-family, or
  868  four-family house or dwelling unit that is also a transient
  869  public lodging establishment but that is not a timeshare
  870  project.
  871         (d)Nontransient apartment.—A nontransient apartment is a
  872  building or complex of buildings in which 75 percent or more of
  873  the units are available for rent to nontransient tenants.
  874         (d)(e)Transient apartment.—A transient apartment is a
  875  building or complex of buildings in which more than 25 percent
  876  of the units are advertised or held out to the public as
  877  available for transient occupancy.
  878         (e)(f)Bed and breakfast inn.—A bed and breakfast inn is a
  879  family home structure, with no more than 15 sleeping rooms,
  880  which has been modified to serve as a transient public lodging
  881  establishment, which provides the accommodation and meal
  882  services generally offered by a bed and breakfast inn, and which
  883  is recognized as a bed and breakfast inn in the community in
  884  which it is situated or by the hospitality industry.
  885         (f)(g)Timeshare project.—A timeshare project is a
  886  timeshare property, as defined in chapter 721, that is located
  887  in this state and that is also a transient public lodging
  888  establishment.
  889         Section 27. Subsection (1) of section 509.251, Florida
  890  Statutes, is amended to read:
  891         509.251 License fees.—
  892         (1) The division shall adopt, by rule, a schedule of fees
  893  to be paid by each public lodging establishment as a
  894  prerequisite to issuance or renewal of a license. Such fees
  895  shall be based on the number of rental units in the
  896  establishment. The aggregate fee per establishment charged any
  897  public lodging establishment may not exceed $1,000; however, the
  898  fees described in paragraphs (a) and (b) may not be included as
  899  part of the aggregate fee subject to this cap. Vacation rental
  900  units or Timeshare projects within separate buildings or at
  901  separate locations but managed by one licensed agent may be
  902  combined in a single license application, and the division shall
  903  charge a license fee as if all units in the application are in a
  904  single licensed establishment. The fee schedule shall require an
  905  establishment which applies for an initial license to pay the
  906  full license fee if application is made during the annual
  907  renewal period or more than 6 months before the next such
  908  renewal period and one-half of the fee if application is made 6
  909  months or less before such period. The fee schedule shall
  910  include fees collected for the purpose of funding the
  911  Hospitality Education Program, pursuant to s. 509.302, which are
  912  payable in full for each application regardless of when the
  913  application is submitted.
  914         (a) Upon making initial application or an application for
  915  change of ownership, the applicant shall pay to the division a
  916  fee as prescribed by rule, not to exceed $50, in addition to any
  917  other fees required by law, which shall cover all costs
  918  associated with initiating regulation of the establishment.
  919         (b) A license renewal filed with the division after the
  920  expiration date shall be accompanied by a delinquent fee as
  921  prescribed by rule, not to exceed $50, in addition to the
  922  renewal fee and any other fees required by law.
  923         Section 28. Subsection (1) of section 509.281, Florida
  924  Statutes, is amended to read:
  925         509.281 Prosecution for violation; duty of state attorney;
  926  penalties.—
  927         (1) The division or an agent of the division, upon
  928  ascertaining by inspection that any public lodging
  929  establishment, vacation rental, or public food service
  930  establishment is being operated contrary to the provisions of
  931  this chapter, shall make complaint and cause the arrest of the
  932  violator, and the state attorney, upon request of the division
  933  or agent, shall prepare all necessary papers and conduct the
  934  prosecution. The division shall proceed in the courts by
  935  mandamus or injunction whenever such proceedings may be
  936  necessary to the proper enforcement of the provisions of this
  937  chapter, of the rules adopted pursuant hereto, or of orders of
  938  the division.
  939         Section 29. Paragraph (a) of subsection (2) of section
  940  509.302, Florida Statutes, is amended to read:
  941         509.302 Hospitality Education Program.—
  942         (2)(a) All public lodging establishments, and all public
  943  food service establishments, and vacation rentals licensed under
  944  this chapter shall pay an annual fee of no more than $10, which
  945  shall be included in the annual license fee and used for the
  946  sole purpose of funding the Hospitality Education Program.
  947         Section 30. Section 509.4005, Florida Statutes, is amended
  948  to read:
  949         509.4005 Applicability of ss. 509.401-509.417.—Sections
  950  509.401-509.417 apply only to guests in transient occupancy in a
  951  public lodging establishment or vacation rental.
  952         Section 31. Subsection (1) of section 509.401, Florida
  953  Statutes, is amended to read:
  954         509.401 Operator’s right to lockout.—
  955         (1) If, upon a reasonable determination by an operator of a
  956  public lodging establishment or vacation rental, a guest has
  957  accumulated a large outstanding account at such establishment,
  958  the operator may lock the guest out of the guest’s rental unit
  959  for the purpose of requiring the guest to confront the operator
  960  and arrange for payment on the account. Such arrangement must be
  961  in writing, and a copy must be furnished to the guest.
  962         Section 32. Section 509.402, Florida Statutes, is amended
  963  to read:
  964         509.402 Operator’s right to recover premises.—If the guest
  965  of a public lodging establishment or vacation rental vacates the
  966  premises without notice to the operator and the operator
  967  reasonably believes the guest does not intend to satisfy the
  968  outstanding account, the operator may recover the premises. Upon
  969  recovery of the premises, the operator shall make an itemized
  970  inventory of any property belonging to the guest and store such
  971  property until a settlement or a final court judgment is
  972  obtained on the guest’s outstanding account. Such inventory
  973  shall be conducted by the operator and at least one other person
  974  who is not an agent of the operator.
  975         Section 33. Subsections (1) and (2) of section 509.405,
  976  Florida Statutes, are amended to read:
  977         509.405 Complaint; requirements.—To obtain an order
  978  authorizing the issuance of a writ of distress upon final
  979  judgment, the operator must first file with the clerk of the
  980  court a complaint reciting and showing the following
  981  information:
  982         (1) A statement as to the amount of the guest’s account at
  983  the public lodging establishment or vacation rental.
  984         (2) A statement that the plaintiff is the operator of the
  985  public lodging establishment or vacation rental in which the
  986  guest has an outstanding account. If the operator’s interest in
  987  such account is based on written documents, a copy of such
  988  documents shall be attached to the complaint.
  989         Section 34. Section 509.409, Florida Statutes, is amended
  990  to read:
  991         509.409 Writ; inventory.—When the officer seizes
  992  distrainable property, either under s. 509.407 or s. 509.408,
  993  and such property is seized on the premises of a public lodging
  994  establishment or vacation rental, the officer shall inventory
  995  the property, hold those items which, upon appraisal, would
  996  appear to satisfy the plaintiff’s claim, and return the
  997  remaining items to the defendant. If the defendant cannot be
  998  found, the officer shall hold all items of property. The officer
  999  shall release the property only pursuant to law or a court
 1000  order.
 1001         Section 35. Subsection (2) of section 509.417, Florida
 1002  Statutes, is amended to read:
 1003         509.417 Writ; sale of property distrained.—
 1004         (2) At the time any property levied on is sold, it must be
 1005  advertised two times, the first advertisement being at least 10
 1006  days before the sale. All property so levied on may be sold on
 1007  the premises of the public lodging establishment or the vacation
 1008  rental or at the courthouse door.
 1009         Section 36. This act shall take effect July 1, 2018.