Florida Senate - 2021 COMMITTEE AMENDMENT
Bill No. CS for CS for SB 522
Ì763808AÎ763808
LEGISLATIVE ACTION
Senate . House
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The Committee on Rules (Diaz) recommended the following:
1 Senate Substitute for Amendment (888468) (with title
2 amendment)
3
4 Delete lines 300 - 446
5 and insert:
6 Section 3. Paragraph (c) of subsection (3) and paragraphs
7 (a) and (b) of subsection (7) of section 509.032, Florida
8 Statutes, are amended, and paragraph (d) is added to subsection
9 (7) of that section, to read:
10 509.032 Duties.—
11 (3) SANITARY STANDARDS; EMERGENCIES; TEMPORARY FOOD SERVICE
12 EVENTS.—The division shall:
13 (c) Administer a public notification process for temporary
14 food service events and distribute educational materials that
15 address safe food storage, preparation, and service procedures.
16 1. Sponsors of temporary food service events shall notify
17 the division not less than 3 days before the scheduled event of
18 the type of food service proposed, the time and location of the
19 event, a complete list of food service vendors participating in
20 the event, the number of individual food service facilities each
21 vendor will operate at the event, and the identification number
22 of each food service vendor’s current license as a public food
23 service establishment or temporary food service event licensee.
24 Notification may be completed orally, by telephone, in person,
25 or in writing. A public food service establishment or food
26 service vendor may not use this notification process to
27 circumvent the license requirements of this chapter.
28 2. The division shall keep a record of all notifications
29 received for proposed temporary food service events and shall
30 provide appropriate educational materials to the event sponsors
31 and notify the event sponsors of the availability of the food
32 recovery brochure developed under s. 595.420.
33 3.a. Unless excluded under s. 509.013 s. 509.013(5)(b), a
34 public food service establishment or other food service vendor
35 must obtain one of the following classes of license from the
36 division: an individual license, for a fee of no more than $105,
37 for each temporary food service event in which it participates;
38 or an annual license, for a fee of no more than $1,000, that
39 entitles the licensee to participate in an unlimited number of
40 food service events during the license period. The division
41 shall establish license fees, by rule, and may limit the number
42 of food service facilities a licensee may operate at a
43 particular temporary food service event under a single license.
44 b. Public food service establishments holding current
45 licenses from the division may operate under the regulations of
46 such a license at temporary food service events.
47 (7) PREEMPTION AUTHORITY.—
48 (a) The regulation of public lodging establishments and
49 public food service establishments, including, but not limited
50 to, sanitation standards, licensing, inspections, training and
51 testing of personnel, and matters related to the nutritional
52 content and marketing of foods offered in such establishments,
53 is preempted to the state. This paragraph does not preempt the
54 authority of a local government or local enforcement district to
55 conduct inspections of public lodging and public food service
56 establishments for compliance with the Florida Building Code and
57 the Florida Fire Prevention Code, pursuant to ss. 553.80 and
58 633.206.
59 (b)1. A local law, ordinance, or regulation may not
60 prohibit vacation rentals or regulate the duration or frequency
61 of rental of vacation rentals. This paragraph does not apply to
62 any local law, ordinance, or regulation adopted on or before
63 June 1, 2011, including when such law, ordinance, or regulation
64 is amended to be less restrictive or to comply with the local
65 registration requirements provided in this paragraph.
66 Notwithstanding paragraph (a), a local law, ordinance, or
67 regulation may require the registration of vacation rentals with
68 a local vacation rental registration program. Local governments
69 may adopt a vacation rental registration program pursuant to
70 subparagraph 3. and impose a fine for failure to register under
71 the vacation rental registration program.
72 2. Local governments may charge a fee of no more than $50
73 for processing a registration application. A local law,
74 ordinance, or regulation may not require renewal of a
75 registration more than once per year. However, if there is a
76 change of ownership, the new owner may be required to submit a
77 new application for registration.
78 3. As a condition of registration, the local law,
79 ordinance, or regulation may only require the owner or operator
80 of a vacation rental to:
81 a. Submit identifying information about the owner or the
82 owner’s agents and the subject vacation rental property.
83 b. Obtain a license as a transient public lodging
84 establishment issued by the division within 60 days after local
85 registration.
86 c. Obtain all required tax registrations, receipts, or
87 certificates issued by the Department of Revenue, a county, or a
88 municipal government.
89 d. Update required information on a continuing basis to be
90 current.
91 e. Comply with parking standards and solid waste handling
92 and containment requirements so long as such standards are not
93 imposed solely on vacation rentals.
94 f. Designate and maintain at all times a responsible party
95 who is capable of responding to complaints and other immediate
96 problems related to the vacation rental, including being
97 available by telephone at a listed phone number.
98 g. Pay in full all recorded municipal or county code liens
99 against the subject property. The local government may withdraw
100 its acceptance of a registration on the basis of an unsatisfied
101 recorded municipal or county code lien.
102 4.a. Within 15 business days after receiving an application
103 for registration of a vacation rental, the local government must
104 review the application for completeness and accept the
105 registration of the vacation rental or issue a written notice
106 specifying with particularity any areas that are deficient.
107 b. The vacation rental owner or operator and the local
108 government may agree to a reasonable request to extend the time
109 periods in this subparagraph, particularly in the event of a
110 force majeure or other extraordinary circumstance.
111 c. When a local government denies an application for
112 registration of a vacation rental, the local government must
113 give written notice to the applicant. Such notice may be
114 provided by United States mail or electronically. The written
115 notice must specify with particularity the factual reasons for
116 the denial and include a citation to the applicable portions of
117 an ordinance, a rule, a statute, or other legal authority for
118 the denial of the registration. A local government cannot deny
119 any applicant from reapplying if the applicant cures the
120 identified deficiencies.
121 d. If the local government fails to accept or deny the
122 registration within the timeframes provided in this
123 subparagraph, the application is deemed accepted.
124 e. Upon an accepted registration of a vacation rental, a
125 local government shall assign a unique registration number to
126 the vacation rental or other indicia of registration and provide
127 such registration number or other indicia of registration to the
128 owner or operator of the vacation rental in writing or
129 electronically.
130 5. The local government may terminate or refuse to issue or
131 renew a vacation rental registration when:
132 a. The operation of the subject premises violates a
133 registration requirement authorized pursuant to this paragraph
134 or a local law, ordinance, or regulation that does not solely
135 apply to vacation rentals; or
136 b. The premises and its owner are the subject of a final
137 order or judgment lawfully directing the termination of the
138 premises’ use as a vacation rental.
139 (d) The regulation of advertising platforms is preempted to
140 the state, and advertising platforms shall be regulated under
141 this chapter.
142 Section 4. Effective January 1, 2022, subsections (2) and
143 (3) of section 509.241, Florida Statutes, are amended to read:
144 509.241 Licenses required; exceptions.—
145 (2) APPLICATION FOR LICENSE.—Each person who plans to open
146 a public lodging establishment or a public food service
147 establishment shall apply for and receive a license from the
148 division prior to the commencement of operation. A condominium
149 association, as defined in s. 718.103, which does not own any
150 units classified as vacation rentals or timeshare projects under
151 s. 509.242(1)(c) or (g) is not required to apply for or receive
152 a public lodging establishment license. All applications for a
153 vacation rental license shall, if applicable, include the local
154 registration number or other proof of registration required by
155 local law, ordinance, or regulation. Upon receiving an
156 application for a vacation rental license, the division may
157 grant a temporary license that shall allow the vacation rental
158 to begin operation while the application is pending and to post
159 the information required under s. 509.243(1)(c). The temporary
160 license shall automatically expire upon final agency action
161 regarding the license application.
162 (3) DISPLAY OF LICENSE.—Any license issued by the division
163 must shall be conspicuously displayed to the public inside in
164 the office or lobby of the licensed establishment. Public food
165 service establishments that which offer catering services must
166 shall display their license number on all advertising for
167 catering services. The owner or operator of a vacation rental
168 offered for transient occupancy through an advertising platform
169 must also display the vacation rental license number and the
170 local registration number, if applicable.
171 Section 5. Effective January 1, 2022, section 509.243,
172 Florida Statutes, is created to read:
173 509.243 Advertising platforms.—
174 (1)(a) An advertising platform must require that a person
175 who places an advertisement for the rental of a vacation rental:
176 1. Include in the advertisement the vacation rental license
177 number and the local registration number, if applicable; and
178 2. Attest to the best of their knowledge that the license
179 number for the vacation rental property and the local
180 registration are current, valid, and accurately stated in the
181 advertisement.
182 (b) An advertising platform must display the vacation
183 rental license number and the local registration number, if
184 applicable. Effective July 1, 2022, the advertising platform
185 must check that the vacation rental license number provided by
186 the owner or operator appears as current on the information
187 posted by the division pursuant to paragraph (c) and applies to
188 the subject vacation rental before publishing the advertisement
189 on its platform and again at the end of each calendar quarter
190 that the advertisement remains on its platform.
191 (c) By July 1, 2022, the division shall maintain vacation
192 rental license information in a readily accessible electronic
193 format that is sufficient to facilitate prompt compliance with
194 the requirements of this subsection by an advertising platform
195 or a person placing an advertisement on an advertising platform
196 for transient rental of a vacation rental.
197 (2) An advertising platform must remove from public view an
198 advertisement or a listing from its online application,
199 software, website, or system within 15 business days after being
200 notified by the division in writing that the subject
201 advertisement or listing for the rental of a vacation rental
202 located in this state fails to display a valid license number
203 issued by the division.
204 (3) If a guest uses a payment system on or through an
205 advertising platform to pay for the rental of a vacation rental
206 located in this state, the advertising platform shall collect
207 and remit all taxes due under ss. 125.0104, 125.0108, 205.044,
208 212.03, 212.0305, and 212.055 related to the rental as provided
209 in s. 212.03(2)(b).
210 (4) If the division has probable cause to believe that a
211 person not licensed by the division has violated this chapter or
212 any rule adopted pursuant thereto, the division may issue and
213 deliver to such person a notice to cease and desist from the
214 violation. The issuance of a notice to cease and desist does not
215 constitute agency action for which a hearing under s. 120.569 or
216 s. 120.57 may be sought. For the purpose of enforcing a cease
217 and desist notice, the division may file a proceeding in the
218 name of the state seeking the issuance of an injunction or a
219 writ of mandamus against any person who violates any provision
220 of the notice. If the division is required to seek enforcement
221 of the notice for a penalty pursuant to s. 120.69, it is
222 entitled to collect attorney fees and costs, together with any
223 cost of collection.
224 (5) The division may fine an advertising platform an amount
225 not to exceed $1,000 per offense for violations of this section
226 or of the rules of the division. For the purposes of this
227 subsection, the division may regard as a separate offense each
228 day or portion of a day in which an advertising platform is
229 operated in violation of this section or rules of the division.
230 The division shall issue a written warning or notice and provide
231 the advertising platform 15 days to cure a violation before
232 commencing any legal proceeding under this subsection.
233 (6) Advertising platforms must adopt an antidiscrimination
234 policy to help prevent discrimination among their users and must
235 inform all users of their services that it is illegal to refuse
236 accommodation to an individual based on race, creed, color, sex,
237 pregnancy, physical disability, or national origin pursuant to
238 s. 509.092.
239 (7) Advertising platforms that comply with the requirements
240 of this section are deemed to be in compliance with the
241 requirements of this chapter. Nothing in this section creates or
242 is intended to create a private cause of action against
243 advertising platforms. An advertising platform may not be held
244 liable for any action it takes voluntarily in good faith in
245 relation to its users to comply with this chapter or the
246 advertising platform’s terms of service.
247 Section 6. Subsections (10) and (11) are added to section
248 509.261, Florida Statutes, to read:
249 509.261 Revocation or suspension of licenses; fines;
250 procedure.—
251 (10) The division may revoke, refuse to issue or renew, or
252 suspend for a period of not more than 30 days a vacation rental
253 license when:
254 (a) The operation of the subject premises violates the
255 terms of an applicable lease or property restriction, including
256 any property restriction adopted pursuant to chapter 718,
257 chapter 719, or chapter 720, as determined by a final order of a
258 court of competent jurisdiction or a written decision by an
259 arbitrator authorized to arbitrate a dispute relating to the
260 subject property and a lease or property restriction;
261 (b) The owner or operator fails to provide proof of
262 registration, if required by local law, ordinance, or
263 regulation;
264 (c) The registration of the vacation rental is terminated
265 by a local government as provided in s. 509.032(7)(b)5.; or
266 (d) The premises and its owner are the subject of a final
267 order or judgment lawfully directing the termination of the
268 premises’ use as a vacation rental.
269 (11) The division may suspend, for a period of not more
270 than 30 days, a vacation rental license when the owner or
271 operator has been cited for two or more code violations related
272 to the vacation rental during a period of 90 days. The division
273 shall issue a written warning or notice and provide an
274 opportunity to cure a violation before commencing any legal
275 proceeding under this subsection.
276
277 ================= T I T L E A M E N D M E N T ================
278 And the title is amended as follows:
279 Delete lines 6 - 45
280 and insert:
281 term “advertising platform”; amending s. 509.032,
282 F.S.; conforming across-reference; revising the
283 regulated activities of public lodging establishments
284 and public food service establishments preempted to
285 the state to include licensing; revising an exemption
286 to the prohibition against certain local regulation of
287 vacation rentals; expanding the authority of local
288 laws, ordinances, or regulations to include requiring
289 vacation rentals to register with local vacation
290 rental registration programs; authorizing local
291 governments to adopt vacation rental registration
292 programs and impose fines for failure to register;
293 authorizing local governments to charge fees for
294 processing registration applications; specifying
295 requirements, procedures, and limitations for local
296 vacation rental registration programs; authorizing
297 local governments to terminate or refuse to issue or
298 renew vacation rental registrations under certain
299 circumstances; preempting the regulation of
300 advertising platforms to the state; amending s.
301 509.241, F.S.; requiring applications for vacation
302 rental licenses to include certain information;
303 authorizing the Division of Hotels and Restaurants of
304 the Department of Business and Professional Regulation
305 to issue temporary licenses upon receipt of vacation
306 rental license applications; providing for expiration
307 of temporary vacation rental licenses; requiring
308 licenses issued by the division to be displayed
309 conspicuously to the public inside the licensed
310 establishment; requiring the owner or operator of
311 certain vacation rentals to also display its vacation
312 rental license number and applicable local
313 registration number; creating s. 509.243, F.S.;
314 requiring advertising platforms to require that
315 persons placing advertisements for vacation rentals
316 include certain information in the advertisements and
317 attest to certain information; requiring advertising
318 platforms to display and check such information;
319 requiring the division to maintain certain information
320 in a readily accessible electronic format by a certain
321 date; requiring advertising platforms to remove an
322 advertisement or listing under certain conditions and
323 within a specified timeframe; requiring advertising
324 platforms to collect and remit taxes for certain
325 transactions; authorizing the division to issue and
326 deliver a notice to cease and desist for certain
327 violations; providing that such notice does not
328 constitute agency action for which certain hearings
329 may be sought; authorizing the division to file
330 certain proceedings; authorizing the division to seek
331 certain remedies for the purpose of enforcing a cease
332 and desist notice; authorizing the division to collect
333 attorney fees and costs under certain circumstances;
334 authorizing the division to impose a fine on
335 advertising platforms for certain violations;
336 requiring the division to issue written warnings or
337 notices before commencing certain legal proceedings;
338 requiring advertising platforms to adopt an
339 antidiscrimination policy and to inform their users of
340 the policy’s provisions; providing construction;
341 amending s. 509.261, F.S.; authorizing the division to
342 revoke, refuse to issue or renew, or suspend vacation
343 rental licenses under certain circumstances; amending
344 s. 775.21,