Florida Senate - 2020                        COMMITTEE AMENDMENT
       Bill No. SB 1128
                              LEGISLATIVE ACTION                        
                    Senate             .             House              

       The Committee on Commerce and Tourism (Diaz) recommended the
    1         Senate Amendment (with title amendment)
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Subsection (17) is added to section 509.013,
    6  Florida Statutes, to read:
    7         509.013 Definitions.—As used in this chapter, the term:
    8         (17)“Advertising platform” means a person who:
    9         (a)Provides an online application, software, website, or
   10  system through which a vacation rental located in this state is
   11  advertised or held out to the public as available to rent for
   12  transient occupancy;
   13         (b)Provides or maintains a marketplace for the renting by
   14  transient occupancy of a vacation rental; and
   15         (c)Provides a reservation or payment system that
   16  facilitates a transaction for the renting by transient occupancy
   17  of a vacation rental and for which the person collects or
   18  receives, directly or indirectly, a fee in connection with the
   19  reservation or payment service provided for such transaction.
   20         Section 2. Subsection (7) of section 509.032, Florida
   21  Statutes, is amended to read:
   22         509.032 Duties.—
   23         (7) PREEMPTION AUTHORITY.—
   24         (a) The regulation of public lodging establishments,
   25  including vacation rentals, and public food service
   26  establishments, including, but not limited to, sanitation
   27  standards, licensing, inspections, training and testing of
   28  personnel, and matters related to the nutritional content and
   29  marketing of foods offered in such establishments, is expressly
   30  preempted to the state. A local law, ordinance, or regulation,
   31  may not allow or require the local inspection or licensing of
   32  public lodging establishments, including vacation rentals, or
   33  public food service establishments. This paragraph does not
   34  preempt the authority of a local government or local enforcement
   35  district to conduct inspections of public lodging and public
   36  food service establishments for compliance with the Florida
   37  Building Code and the Florida Fire Prevention Code, pursuant to
   38  ss. 553.80 and 633.206.
   39         (b)  A local law, ordinance, or regulation may regulate
   40  activities that arise when a property is used as a vacation
   41  rental if the law, ordinance, or regulation applies uniformly to
   42  all residential properties without regard to whether the
   43  property is used as a vacation rental as defined in s. 509.242,
   44  the property is used as a long-term rental subject to chapter
   45  83, or the property owner chooses not to rent the property.
   46  However, a local law, ordinance, or regulation may not prohibit
   47  vacation rentals or regulate the duration or frequency of rental
   48  of vacation rentals. This paragraph does not apply to any local
   49  law, ordinance, or regulation adopted on or before June 1,
   50  2011,including when such law, ordinance, or regulation is being
   51  amended to be less restrictive with regard to a prohibition, or
   52  duration, or frequency regulation.
   53         (c) Paragraph (b) does not apply to any local law,
   54  ordinance, or regulation exclusively relating to property
   55  valuation as a criterion for vacation rental if the local law,
   56  ordinance, or regulation is required to be approved by the state
   57  land planning agency pursuant to an area of critical state
   58  concern designation.
   59         (d)The regulation of advertising platforms is preempted to
   60  the state and shall be regulated under this chapter.
   61         Section 3. Effective January 1, 2021, subsection (3) of
   62  section 509.241, Florida Statutes, is amended to read:
   63         509.241 Licenses required; exceptions.—
   64         (3) DISPLAY OF LICENSE.—Any license issued by the division
   65  must shall be conspicuously displayed to the public inside in
   66  the office or lobby of the licensed establishment. Public food
   67  service establishments that which offer catering services must
   68  shall display their license number on all advertising for
   69  catering services. The owner or operator of a vacation rental
   70  offered for transient occupancy through an advertising platform
   71  must also display the vacation rental license number and the
   72  applicable Florida sales tax registration and tourist
   73  development tax account numbers under which such taxes must be
   74  paid for each rental of the property as a vacation rental.
   75         Section 4. Effective January 1, 2021, section 509.243,
   76  Florida Statutes, is created to read:
   77         509.243 Advertising platforms.—
   78         (1)(a)An advertising platform must require that a person
   79  who places an advertisement for the rental of a vacation rental:
   80         1.Include in the advertisement the vacation rental license
   81  number and the applicable Florida sales tax registration and
   82  tourist development tax account numbers under which such taxes
   83  must be paid before the advertisement may be listed; and
   84         2.Attest to the best of their knowledge that the license
   85  number for the vacation rental property and the applicable tax
   86  numbers are current, valid, and accurately stated in the
   87  advertisement.
   88         (b)An advertising platform must display the vacation
   89  rental license number and applicable Florida sales tax
   90  registration and tourist development tax numbers. The
   91  advertising platform must verify that the vacation rental
   92  license number provided by the owner or operator is valid and
   93  applies to the subject vacation rental before publishing the
   94  advertisement on its platform and again at the end of each
   95  calendar quarter that the advertisement remains on its platform.
   96         (c) The division shall maintain vacation rental license
   97  information in a readily accessible electronic format that is
   98  sufficient to facilitate prompt compliance with the requirements
   99  of this subsection by an advertising platform or a person
  100  placing an advertisement on an advertising platform for
  101  transient rental of a vacation rental.
  102         (2) An advertising platform must provide to the division on
  103  a quarterly basis, by file transfer protocol or electronic data
  104  exchange file, a list of all vacation rentals located in this
  105  state that are advertised on its platform, along with the
  106  following information for each vacation rental:
  107         (a) The uniform resource locator for the Internet address
  108  of the vacation rental advertisement.
  109         (b) Unless otherwise stated in the vacation rental
  110  advertisement at the Internet address provided pursuant to
  111  paragraph (a), the physical address of the vacation rental,
  112  including any unit designation, the vacation rental license
  113  number provided by the owner or operator, and the applicable
  114  Florida sales tax registration and tourist development tax
  115  account numbers under which taxes will be remitted for the
  116  rentals commenced through the advertisement.
  117         (3)An advertising platform must remove from public view an
  118  advertisement or listing from its online application, software,
  119  website, or system within 15 business days after being notified
  120  by the division in writing that the subject advertisement or
  121  listing for the rental of a vacation rental located in this
  122  state fails to display a valid license number issued by the
  123  division.
  124         (4) If a guest uses a payment system on or through an
  125  advertising platform to pay for the rental of a vacation rental
  126  located in this state, the advertising platform shall collect
  127  and remit all taxes imposed under chs. 212 and 125 resulting
  128  from the rental. When calculating taxes imposed under chs. 212
  129  and 125, an advertising platform may exclude the amount of any
  130  fees directly attributable to the service provided by the
  131  advertising platform. The Department of Revenue is authorized to
  132  adopt rules to implement this subsection.
  133         (5)If the division has probable cause to believe that a
  134  person not licensed by the division has violated this chapter,
  135  or any rule adopted pursuant thereto, the division may issue and
  136  deliver to such person a notice to cease and desist from the
  137  violation. The issuance of a notice to cease and desist does not
  138  constitute agency action for which a hearing under ss. 120.569
  139  and 120.57 may be sought. For the purpose of enforcing a cease
  140  and desist notice, the division may file a proceeding in the
  141  name of the state seeking the issuance of an injunction or a
  142  writ of mandamus against any person who violates any provision
  143  of the notice. If the department is required to seek enforcement
  144  of the notice for a penalty pursuant to s. 120.569, it is
  145  entitled to collect its attorney fees and costs, together with
  146  any cost of collection.
  147         (6) Advertising platforms must adopt an anti-discrimination
  148  plan in order to help prevent discrimination among its users and
  149  must inform all users of their services that it is illegal to
  150  refuse accommodation to an individual based on race, creed,
  151  color, sex, pregnancy, physical disability, or national origin,
  152  pursuant to s. 509.092.
  153         Section 6. The application of this act shall not supersede
  154  any current or future declaration or declaration of condominium
  155  adopted pursuant to chapter 718, Florida Statutes, cooperative
  156  documents adopted pursuant to chapter 719, Florida Statutes, or
  157  declaration of covenants or declaration adopted pursuant to
  158  chapter 720, Florida Statutes.
  159         Section 7. Except as otherwise expressly provided in this
  160  act, this act shall take effect upon becoming a law.
  163  ================= T I T L E  A M E N D M E N T ================
  164  And the title is amended as follows:
  165         Delete everything before the enacting clause
  166  and insert:
  167                        A bill to be entitled                      
  168         An act relating to vacation rentals; amending s.
  169         509.013, F.S.; defining the term “advertising
  170         platform”; amending s. 509.032, F.S.; preempting the
  171         regulation of vacation rentals to the state;
  172         authorizing a local law, ordinance, or regulation to
  173         regulate certain activities under certain
  174         circumstances; prohibiting a local law, ordinance, or
  175         regulation from allowing or requiring inspections or
  176         licensing of vacation rentals; expanding an exemption
  177         to permit certain ordinances adopted on or before June
  178         1, 2011 to be amended to be less restrictive;
  179         preempting the regulation of advertising platforms to
  180         the state; amending s. 509.241, F.S.; requiring
  181         licenses issued by the Division of Hotels and
  182         Restaurants of the Department of Business and
  183         Professional Regulation to be displayed conspicuously
  184         to the public inside the licensed establishment;
  185         requiring the operator of certain vacation rentals to
  186         also display its vacation rental license number and
  187         applicable tax account numbers; creating s. 509.243,
  188         F.S.; requiring advertising platforms to require that
  189         persons placing advertisements for vacation rentals
  190         include certain information in the advertisements;
  191         providing that the advertising platform is required to
  192         verify such information; requiring each advertising
  193         platform to quarterly provide the division with
  194         certain information regarding vacation rentals in this
  195         state listed on the platform; requiring an advertising
  196         platform to remove an advertisement or listing under
  197         certain conditions and within a specified timeframe;
  198         requiring an advertising platform to collect and remit
  199         taxes imposed under chs. 212 and 125, F.S., for
  200         certain transactions; authorizing the Department of
  201         Revenue to adopt rules; requiring an advertising
  202         platform to adopt an anti-discrimination plan and to
  203         give notice to users of their services; authorizing
  204         the division to issue and deliver a notice to cease
  205         and desist for certain violations; providing that such
  206         notice does not constitute agency action for which a
  207         certain hearing may be sought; authorizing the
  208         division to file certain proceedings; authorizing the
  209         collection of attorney fees and costs under certain
  210         circumstances; providing applicability; providing
  211         effective dates.