Florida Senate - 2020                             CS for SB 1128
       By the Committee on Commerce and Tourism; and Senator Diaz
       577-03483-20                                          20201128c1
    1                        A bill to be entitled                      
    2         An act relating to vacation rentals; amending s.
    3         509.013, F.S.; defining the term “advertising
    4         platform”; amending s. 509.032, F.S.; preempting the
    5         regulation of vacation rentals to the state;
    6         prohibiting a local law, ordinance, or regulation from
    7         allowing or requiring inspections or licensing of
    8         public lodging establishments, including vacation
    9         rentals, or public food service establishments;
   10         authorizing a local law, ordinance, or regulation to
   11         regulate certain activities under certain
   12         circumstances; expanding an exemption to allow certain
   13         ordinances adopted on or before June 1, 2011, to be
   14         amended to be less restrictive; preempting the
   15         regulation of advertising platforms to the state;
   16         amending s. 509.241, F.S.; requiring licenses issued
   17         by the Division of Hotels and Restaurants of the
   18         Department of Business and Professional Regulation to
   19         be displayed conspicuously to the public inside the
   20         licensed establishment; requiring the operator of
   21         certain vacation rentals to also display its vacation
   22         rental license number and applicable tax account
   23         numbers; creating s. 509.243, F.S.; requiring
   24         advertising platforms to require that persons placing
   25         advertisements for vacation rentals include certain
   26         information in the advertisements; providing that the
   27         advertising platform is required to verify such
   28         information; requiring each advertising platform to
   29         quarterly provide the division with certain
   30         information regarding vacation rentals in this state
   31         listed on the platform; requiring an advertising
   32         platform to remove an advertisement or listing under
   33         certain conditions and within a specified timeframe;
   34         requiring an advertising platform to collect and remit
   35         taxes imposed under chs. 125 and 212, F.S., for
   36         certain transactions; authorizing the Department of
   37         Revenue to adopt rules; authorizing the division to
   38         issue and deliver a notice to cease and desist for
   39         certain violations; providing that such notice does
   40         not constitute agency action for which a certain
   41         hearing may be sought; authorizing the division to
   42         file certain proceedings; authorizing the collection
   43         of attorney fees and costs under certain
   44         circumstances; requiring an advertising platform to
   45         adopt an antidiscrimination plan and to give notice to
   46         users of its services; providing applicability;
   47         providing effective dates.
   50  Be It Enacted by the Legislature of the State of Florida:
   52         Section 1. Subsection (17) is added to section 509.013,
   53  Florida Statutes, to read:
   54         509.013 Definitions.—As used in this chapter, the term:
   55         (17)“Advertising platform” means a person who:
   56         (a)Provides an online application, software, website, or
   57  system through which a vacation rental located in this state is
   58  advertised or held out to the public as available to rent for
   59  transient occupancy;
   60         (b)Provides or maintains a marketplace for the renting by
   61  transient occupancy of a vacation rental; and
   62         (c)Provides a reservation or payment system that
   63  facilitates a transaction for the renting by transient occupancy
   64  of a vacation rental and for which the person collects or
   65  receives, directly or indirectly, a fee in connection with the
   66  reservation or payment service provided for such transaction.
   67         Section 2. Subsection (7) of section 509.032, Florida
   68  Statutes, is amended to read:
   69         509.032 Duties.—
   70         (7) PREEMPTION AUTHORITY.—
   71         (a) The regulation of public lodging establishments,
   72  including vacation rentals, and public food service
   73  establishments, including, but not limited to, sanitation
   74  standards, licensing, inspections, training and testing of
   75  personnel, and matters related to the nutritional content and
   76  marketing of foods offered in such establishments, is expressly
   77  preempted to the state. A local law, ordinance, or regulation,
   78  may not allow or require the local inspection or licensing of
   79  public lodging establishments, including vacation rentals, or
   80  public food service establishments. This paragraph does not
   81  preempt the authority of a local government or local enforcement
   82  district to conduct inspections of public lodging and public
   83  food service establishments for compliance with the Florida
   84  Building Code and the Florida Fire Prevention Code, pursuant to
   85  ss. 553.80 and 633.206.
   86         (b) A local law, ordinance, or regulation may regulate
   87  activities that arise when a property is used as a vacation
   88  rental if the law, ordinance, or regulation applies uniformly to
   89  all residential properties without regard to whether the
   90  property is used as a vacation rental as defined in s. 509.242,
   91  the property is used as a long-term rental subject to chapter
   92  83, or the property owner chooses not to rent the property.
   93  However, a local law, ordinance, or regulation may not prohibit
   94  vacation rentals or regulate the duration or frequency of rental
   95  of vacation rentals. This paragraph does not apply to any local
   96  law, ordinance, or regulation adopted on or before June 1, 2011,
   97  including when such law, ordinance, or regulation is being
   98  amended to be less restrictive with regard to a prohibition, or
   99  duration, or frequency regulation.
  100         (c) Paragraph (b) does not apply to any local law,
  101  ordinance, or regulation exclusively relating to property
  102  valuation as a criterion for vacation rental if the local law,
  103  ordinance, or regulation is required to be approved by the state
  104  land planning agency pursuant to an area of critical state
  105  concern designation.
  106         (d)The regulation of advertising platforms is preempted to
  107  the state and shall be regulated under this chapter.
  108         Section 3. Effective January 1, 2021, subsection (3) of
  109  section 509.241, Florida Statutes, is amended to read:
  110         509.241 Licenses required; exceptions.—
  111         (3) DISPLAY OF LICENSE.—Any license issued by the division
  112  must shall be conspicuously displayed to the public inside in
  113  the office or lobby of the licensed establishment. Public food
  114  service establishments that which offer catering services must
  115  shall display their license number on all advertising for
  116  catering services. The owner or operator of a vacation rental
  117  offered for transient occupancy through an advertising platform
  118  must also display the vacation rental license number and the
  119  applicable Florida sales tax registration and tourist
  120  development tax account numbers under which such taxes must be
  121  paid for each rental of the property as a vacation rental.
  122         Section 4. Effective January 1, 2021, section 509.243,
  123  Florida Statutes, is created to read:
  124         509.243 Advertising platforms.—
  125         (1)(a)An advertising platform must require that a person
  126  who places an advertisement for the rental of a vacation rental:
  127         1.Include in the advertisement the vacation rental license
  128  number and the applicable Florida sales tax registration and
  129  tourist development tax account numbers under which such taxes
  130  must be paid before the advertisement may be listed; and
  131         2.Attest to the best of their knowledge that the license
  132  number for the vacation rental property and the applicable tax
  133  numbers are current, valid, and accurately stated in the
  134  advertisement.
  135         (b)An advertising platform must display the vacation
  136  rental license number and applicable Florida sales tax
  137  registration and tourist development tax numbers. The
  138  advertising platform must verify that the vacation rental
  139  license number provided by the owner or operator is valid and
  140  applies to the subject vacation rental before publishing the
  141  advertisement on its platform and again at the end of each
  142  calendar quarter that the advertisement remains on its platform.
  143         (c) The division shall maintain vacation rental license
  144  information in a readily accessible electronic format that is
  145  sufficient to facilitate prompt compliance with the requirements
  146  of this subsection by an advertising platform or a person
  147  placing an advertisement on an advertising platform for
  148  transient rental of a vacation rental.
  149         (2) An advertising platform must provide to the division on
  150  a quarterly basis, by file transfer protocol or electronic data
  151  exchange file, a list of all vacation rentals located in this
  152  state that are advertised on its platform, along with the
  153  following information for each vacation rental:
  154         (a)The uniform resource locator for the Internet address
  155  of the vacation rental advertisement.
  156         (b)Unless otherwise stated in the vacation rental
  157  advertisement at the Internet address provided pursuant to
  158  paragraph (a), the physical address of the vacation rental,
  159  including any unit designation, the vacation rental license
  160  number provided by the owner or operator, and the applicable
  161  Florida sales tax registration and tourist development tax
  162  account numbers under which taxes will be remitted for the
  163  rentals commenced through the advertisement.
  164         (3)An advertising platform must remove from public view an
  165  advertisement or listing from its online application, software,
  166  website, or system within 15 business days after being notified
  167  by the division in writing that the subject advertisement or
  168  listing for the rental of a vacation rental located in this
  169  state fails to display a valid license number issued by the
  170  division.
  171         (4) If a guest uses a payment system on or through an
  172  advertising platform to pay for the rental of a vacation rental
  173  located in this state, the advertising platform shall collect
  174  and remit all taxes imposed under chapters 125 and 212 resulting
  175  from the rental. When calculating taxes imposed under chapters
  176  125 and 212, an advertising platform may exclude the amount of
  177  any fees directly attributable to the service provided by the
  178  advertising platform. The Department of Revenue is authorized to
  179  adopt rules to implement this subsection.
  180         (5)If the division has probable cause to believe that a
  181  person not licensed by the division has violated this chapter,
  182  or any rule adopted pursuant thereto, the division may issue and
  183  deliver to such person a notice to cease and desist from the
  184  violation. The issuance of a notice to cease and desist does not
  185  constitute agency action for which a hearing under ss. 120.569
  186  and 120.57 may be sought. For the purpose of enforcing a cease
  187  and desist notice, the division may file a proceeding in the
  188  name of the state seeking the issuance of an injunction or a
  189  writ of mandamus against any person who violates any provision
  190  of the notice. If the department is required to seek enforcement
  191  of the notice for a penalty pursuant to s. 120.569, it is
  192  entitled to collect its attorney fees and costs, together with
  193  any cost of collection.
  194         (6)Advertising platforms must adopt an antidiscrimination
  195  plan in order to help prevent discrimination among its users and
  196  must inform all users of their services that it is illegal to
  197  refuse accommodation to an individual based on race, creed,
  198  color, sex, pregnancy, physical disability, or national origin,
  199  pursuant to s. 509.092.
  200         Section 5. The application of this act shall not supersede
  201  any current or future declaration or declaration of condominium
  202  adopted pursuant to chapter 718, Florida Statutes, cooperative
  203  documents adopted pursuant to chapter 719, Florida Statutes, or
  204  declaration of covenants or declaration adopted pursuant to
  205  chapter 720, Florida Statutes.
  206         Section 6. Except as otherwise expressly provided in this
  207  act, this act shall take effect upon becoming a law.