Florida Senate - 2019                        COMMITTEE AMENDMENT
       Bill No. SB 824
       
       
       
       
       
       
                                Ì825832+Î825832                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                   Comm: WD            .                                
                  04/08/2019           .                                
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       The Committee on Innovation, Industry, and Technology (Diaz)
       recommended the following:
       
    1         Senate Amendment to Amendment (586172) 
    2  
    3         Delete lines 8 - 203
    4  and insert:
    5         (1)”Advertising platform” means a person who provides an
    6  online application, software, website, system, or print
    7  advertisement through which a transient public lodging
    8  establishment located in this state is advertised or held out to
    9  the public as available to rent for transient occupancy. The
   10  term does not include the multiple listing service or an online
   11  or print advertisement of a transient public lodging
   12  establishment by a real estate broker or sales associate
   13  licensed under chapter 475; however, a real estate broker or
   14  sales associate licensed under chapter 475 must comply with s.
   15  509.243(2)(c) and (3).
   16         (3)(1) “Division” means the Division of Hotels and
   17  Restaurants of the Department of Business and Professional
   18  Regulation.
   19         (8)(2) “Operator” means the owner, licensee, proprietor,
   20  lessee, manager, assistant manager, or appointed agent of a
   21  public lodging establishment or public food service
   22  establishment.
   23         (4)(3) “Guest” means any patron, customer, tenant, lodger,
   24  boarder, or occupant of a public lodging establishment or public
   25  food service establishment.
   26         (10)(a)(4)(a) “Public lodging establishment” includes a
   27  transient public lodging establishment as defined in
   28  subparagraph 1. and a nontransient public lodging establishment
   29  as defined in subparagraph 2.
   30         1. “Transient public lodging establishment” means any unit,
   31  group of units, dwelling, building, or group of buildings within
   32  a single complex of buildings which is rented to guests more
   33  than three times in a calendar year for periods of less than 30
   34  days or 1 calendar month, whichever is less, or which is
   35  advertised or held out to the public as a place regularly rented
   36  to guests for less than 30 days or 1 calendar month. The term
   37  includes a unit that is advertised for rent by an advertising
   38  platform.
   39         2. “Nontransient public lodging establishment” means any
   40  unit, group of units, dwelling, building, or group of buildings
   41  within a single complex of buildings which is rented to guests
   42  for periods of at least 30 days or 1 calendar month, whichever
   43  is less, or which is advertised or held out to the public as a
   44  place regularly rented to guests for periods of at least 30 days
   45  or 1 calendar month.
   46  
   47  License classifications of public lodging establishments, and
   48  the definitions therefor, are set out in s. 509.242. For the
   49  purpose of licensure, the term does not include condominium
   50  common elements as defined in s. 718.103.
   51         (b) The following are excluded from the definitions in
   52  paragraph (a):
   53         1. Any dormitory or other living or sleeping facility
   54  maintained by a public or private school, college, or university
   55  for the use of students, faculty, or visitors.
   56         2. Any facility certified or licensed and regulated by the
   57  Agency for Health Care Administration or the Department of
   58  Children and Families or other similar place regulated under s.
   59  381.0072.
   60         3. Any place renting four rental units or less, unless the
   61  rental units are advertised or held out to the public to be
   62  places that are regularly rented to transients.
   63         4. Any unit or group of units in a condominium,
   64  cooperative, or timeshare plan and any individually or
   65  collectively owned one-family, two-family, three-family, or
   66  four-family dwelling house or dwelling unit that is rented for
   67  periods of at least 30 days or 1 calendar month, whichever is
   68  less, and that is not advertised or held out to the public as a
   69  place regularly rented for periods of less than 1 calendar
   70  month, provided that no more than four rental units within a
   71  single complex of buildings are available for rent.
   72         5. Any migrant labor camp or residential migrant housing
   73  permitted by the Department of Health under ss. 381.008
   74  381.00895.
   75         6. Any establishment inspected by the Department of Health
   76  and regulated by chapter 513.
   77         7. Any nonprofit organization that operates a facility
   78  providing housing only to patients, patients’ families, and
   79  patients’ caregivers and not to the general public.
   80         8. Any apartment building inspected by the United States
   81  Department of Housing and Urban Development or other entity
   82  acting on the department’s behalf that is designated primarily
   83  as housing for persons at least 62 years of age. The division
   84  may require the operator of the apartment building to attest in
   85  writing that such building meets the criteria provided in this
   86  subparagraph. The division may adopt rules to implement this
   87  requirement.
   88         9. Any roominghouse, boardinghouse, or other living or
   89  sleeping facility that may not be classified as a hotel, motel,
   90  timeshare project, vacation rental, nontransient apartment, bed
   91  and breakfast inn, or transient apartment under s. 509.242.
   92         (9)(a)(5)(a) “Public food service establishment” means any
   93  building, vehicle, place, or structure, or any room or division
   94  in a building, vehicle, place, or structure where food is
   95  prepared, served, or sold for immediate consumption on or in the
   96  vicinity of the premises; called for or taken out by customers;
   97  or prepared prior to being delivered to another location for
   98  consumption. The term includes a culinary education program, as
   99  defined in s. 381.0072(2), which offers, prepares, serves, or
  100  sells food to the general public, regardless of whether it is
  101  inspected by another state agency for compliance with sanitation
  102  standards.
  103         (b) The following are excluded from the definition in
  104  paragraph (a):
  105         1. Any place maintained and operated by a public or private
  106  school, college, or university:
  107         a. For the use of students and faculty; or
  108         b. Temporarily to serve such events as fairs, carnivals,
  109  food contests, cook-offs, and athletic contests.
  110         2. Any eating place maintained and operated by a church or
  111  a religious, nonprofit fraternal, or nonprofit civic
  112  organization:
  113         a. For the use of members and associates; or
  114         b. Temporarily to serve such events as fairs, carnivals,
  115  food contests, cook-offs, or athletic contests.
  116  
  117  Upon request by the division, a church or a religious, nonprofit
  118  fraternal, or nonprofit civic organization claiming an exclusion
  119  under this subparagraph must provide the division documentation
  120  of its status as a church or a religious, nonprofit fraternal,
  121  or nonprofit civic organization.
  122         3. Any eating place maintained and operated by an
  123  individual or entity at a food contest, cook-off, or a temporary
  124  event lasting from 1 to 3 days which is hosted by a church or a
  125  religious, nonprofit fraternal, or nonprofit civic organization.
  126  Upon request by the division, the event host must provide the
  127  division documentation of its status as a church or a religious,
  128  nonprofit fraternal, or nonprofit civic organization.
  129         4. Any eating place located on an airplane, train, bus, or
  130  watercraft which is a common carrier.
  131         5. Any eating place maintained by a facility certified or
  132  licensed and regulated by the Agency for Health Care
  133  Administration or the Department of Children and Families or
  134  other similar place that is regulated under s. 381.0072.
  135         6. Any place of business issued a permit or inspected by
  136  the Department of Agriculture and Consumer Services under s.
  137  500.12.
  138         7. Any place of business where the food available for
  139  consumption is limited to ice, beverages with or without
  140  garnishment, popcorn, or prepackaged items sold without
  141  additions or preparation.
  142         8. Any theater, if the primary use is as a theater and if
  143  patron service is limited to food items customarily served to
  144  the admittees of theaters.
  145         9. Any vending machine that dispenses any food or beverages
  146  other than potentially hazardous foods, as defined by division
  147  rule.
  148         10. Any vending machine that dispenses potentially
  149  hazardous food and which is located in a facility regulated
  150  under s. 381.0072.
  151         11. Any research and development test kitchen limited to
  152  the use of employees and which is not open to the general
  153  public.
  154         (2)(6) “Director” means the Director of the Division of
  155  Hotels and Restaurants of the Department of Business and
  156  Professional Regulation.
  157         (11)(7) “Single complex of buildings” means all buildings
  158  or structures that are owned, managed, controlled, or operated
  159  under one business name and are situated on the same tract or
  160  plot of land that is not separated by a public street or
  161  highway.
  162         (12)(8) “Temporary food service event” means any event of
  163  30 days or less in duration where food is prepared, served, or
  164  sold to the general public.
  165         (13)(9) “Theme park or entertainment complex” means a
  166  complex comprised of at least 25 contiguous acres owned and
  167  controlled by the same business entity and which contains
  168  permanent exhibitions and a variety of recreational activities
  169  and has a minimum of 1 million visitors annually.
  170         (14)(10) “Third-party provider” means, for purposes of s.
  171  509.049, any provider of an approved food safety training
  172  program that provides training or such a training program to a
  173  public food service establishment that is not under common
  174  ownership or control with the provider.
  175         (16)(11) “Transient establishment” means a any public
  176  lodging establishment that is rented or leased to guests by an
  177  operator whose intention is that such guests’ occupancy will be
  178  temporary.
  179         (17)(12) “Transient occupancy” means occupancy when it is
  180  the intention of the parties that the occupancy will be
  181  temporary. There is a rebuttable presumption that, when the
  182  dwelling unit occupied is not the sole residence of the guest,
  183  the occupancy is transient.
  184         (15)(13) “Transient” means a guest in transient occupancy.
  185         (6)(14) “Nontransient establishment” means any public
  186  lodging establishment that is rented or leased to guests by an
  187  operator whose intention is that the dwelling unit occupied will
  188  be the sole residence of the guest.
  189         (7)(15) “Nontransient occupancy” means occupancy when it is
  190  the intention of the parties that the occupancy will not be
  191  temporary. There is a rebuttable presumption that, when the
  192  dwelling unit occupied is the sole residence of the guest, the
  193  occupancy is nontransient.
  194         (5)(16) “Nontransient” means a guest in nontransient
  195  occupancy.
  196         Section 2. Effective upon this act becoming a law,
  197  subsection (7) of section 509.032, Florida Statutes, is amended
  198  to read:
  199         509.032 Duties.—
  200         (7) PREEMPTION AUTHORITY.—
  201         (a) Advertising platforms, public lodging establishments
  202  and public food service establishments.—The regulation of
  203  advertising platforms is preempted to the state. The regulation
  204  of public lodging establishments and public