Florida Senate - 2021                        COMMITTEE AMENDMENT
       Bill No. CS for CS for SB 522
       
       
       
       
       
       
                                Ì763808AÎ763808                         
       
                              LEGISLATIVE ACTION                        
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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         509.243Advertising 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,