Florida Senate - 2021                        COMMITTEE AMENDMENT
       Bill No. CS for CS for SB 522
       
       
       
       
       
       
                                Ì888468cÎ888468                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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       The Committee on Rules (Diaz) recommended the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete lines 303 - 446
    4  and insert:
    5         Section 3. Paragraph (c) of subsection (3) and paragraphs
    6  (a) and (b) of subsection (7) of section 509.032, Florida
    7  Statutes, are amended, and paragraph (d) is added to subsection
    8  (7) of that section, to read:
    9         509.032 Duties.—
   10         (3) SANITARY STANDARDS; EMERGENCIES; TEMPORARY FOOD SERVICE
   11  EVENTS.—The division shall:
   12         (c) Administer a public notification process for temporary
   13  food service events and distribute educational materials that
   14  address safe food storage, preparation, and service procedures.
   15         1. Sponsors of temporary food service events shall notify
   16  the division not less than 3 days before the scheduled event of
   17  the type of food service proposed, the time and location of the
   18  event, a complete list of food service vendors participating in
   19  the event, the number of individual food service facilities each
   20  vendor will operate at the event, and the identification number
   21  of each food service vendor’s current license as a public food
   22  service establishment or temporary food service event licensee.
   23  Notification may be completed orally, by telephone, in person,
   24  or in writing. A public food service establishment or food
   25  service vendor may not use this notification process to
   26  circumvent the license requirements of this chapter.
   27         2. The division shall keep a record of all notifications
   28  received for proposed temporary food service events and shall
   29  provide appropriate educational materials to the event sponsors
   30  and notify the event sponsors of the availability of the food
   31  recovery brochure developed under s. 595.420.
   32         3.a. Unless excluded under s. 509.013 s. 509.013(5)(b), a
   33  public food service establishment or other food service vendor
   34  must obtain one of the following classes of license from the
   35  division: an individual license, for a fee of no more than $105,
   36  for each temporary food service event in which it participates;
   37  or an annual license, for a fee of no more than $1,000, that
   38  entitles the licensee to participate in an unlimited number of
   39  food service events during the license period. The division
   40  shall establish license fees, by rule, and may limit the number
   41  of food service facilities a licensee may operate at a
   42  particular temporary food service event under a single license.
   43         b. Public food service establishments holding current
   44  licenses from the division may operate under the regulations of
   45  such a license at temporary food service events.
   46         (7) PREEMPTION AUTHORITY.—
   47         (a) The regulation of public lodging establishments and
   48  public food service establishments, including, but not limited
   49  to, sanitation standards, licensing, inspections, training and
   50  testing of personnel, and matters related to the nutritional
   51  content and marketing of foods offered in such establishments,
   52  is preempted to the state. This paragraph does not preempt the
   53  authority of a local government or local enforcement district to
   54  conduct inspections of public lodging and public food service
   55  establishments for compliance with the Florida Building Code and
   56  the Florida Fire Prevention Code, pursuant to ss. 553.80 and
   57  633.206.
   58         (b)1. A local law, ordinance, or regulation may not
   59  prohibit vacation rentals or regulate the duration or frequency
   60  of rental of vacation rentals. This paragraph does not apply to
   61  any local law, ordinance, or regulation adopted on or before
   62  June 1, 2011, including when such law, ordinance, or regulation
   63  is amended to be less restrictive or to comply with the local
   64  registration requirements provided in this paragraph.
   65  Notwithstanding paragraph (a), a local law, ordinance, or
   66  regulation may require the registration of vacation rentals with
   67  a local vacation rental registration program. Local governments
   68  may adopt a vacation rental registration program pursuant to
   69  subparagraph 3. and impose a fine for failure to register under
   70  the vacation rental registration program.
   71         2.Local governments may charge a fee of no more than $50
   72  for processing a registration application. A local law,
   73  ordinance, or regulation may not require renewal of a
   74  registration more than once per year. However, if there is a
   75  change of ownership, the new owner may be required to submit a
   76  new application for registration.
   77         3.As a condition of registration, the local law,
   78  ordinance, or regulation may only require the owner or operator
   79  of a vacation rental to:
   80         a.Submit identifying information about the owner or the
   81  owner’s agents and the subject vacation rental property.
   82         b.Obtain a license as a transient public lodging
   83  establishment issued by the division within 60 days after local
   84  registration.
   85         c.Obtain all required tax registrations, receipts, or
   86  certificates issued by the Department of Revenue, a county, or a
   87  municipal government.
   88         d.Update required information on a continuing basis to be
   89  current.
   90         e.Comply with parking standards and solid waste handling
   91  and containment requirements so long as such standards are not
   92  imposed solely on vacation rentals.
   93         f.Designate and maintain at all times a responsible party
   94  who is capable of responding to complaints and other immediate
   95  problems related to the vacation rental, including being
   96  available by telephone at a listed phone number.
   97         g.Pay in full all recorded municipal or county code liens
   98  against the subject property. The local government may withdraw
   99  its acceptance of a registration on the basis of an unsatisfied
  100  recorded municipal or county code lien.
  101         4.a.Within 15 business days after receiving an application
  102  for registration of a vacation rental, the local government must
  103  review the application for completeness and accept the
  104  registration of the vacation rental or issue a written notice
  105  specifying with particularity any areas that are deficient.
  106         b.The vacation rental owner or operator and the local
  107  government may agree to a reasonable request to extend the time
  108  periods in this subparagraph, particularly in the event of a
  109  force majeure or other extraordinary circumstance.
  110         c.When a local government denies an application for
  111  registration of a vacation rental, the local government must
  112  give written notice to the applicant. Such notice may be
  113  provided by United States mail or electronically. The written
  114  notice must specify with particularity the factual reasons for
  115  the denial and include a citation to the applicable portions of
  116  an ordinance, a rule, a statute, or other legal authority for
  117  the denial of the registration. A local government cannot deny
  118  any applicant from reapplying if the applicant cures the
  119  identified deficiencies.
  120         d.If the local government fails to accept or deny the
  121  registration within the timeframes provided in this
  122  subparagraph, the application is deemed accepted.
  123         e.Upon an accepted registration of a vacation rental, a
  124  local government shall assign a unique registration number to
  125  the vacation rental or other indicia of registration and provide
  126  such registration number or other indicia of registration to the
  127  owner or operator of the vacation rental in writing or
  128  electronically.
  129         5. The local government may terminate or refuse to issue or
  130  renew a vacation rental registration when:
  131         a.The operation of the subject premises violates a local
  132  law, ordinance, or regulation not otherwise preempted pursuant
  133  to this subsection; or
  134         b.The premises and its owner are the subject of a final
  135  order or judgment lawfully directing the termination of the
  136  premises’ use as a vacation rental.
  137         (d)The regulation of advertising platforms is preempted to
  138  the state, and advertising platforms shall be regulated under
  139  this chapter.
  140         Section 4. Effective January 1, 2022, subsections (2) and
  141  (3) of section 509.241, Florida Statutes, are amended to read:
  142         509.241 Licenses required; exceptions.—
  143         (2) APPLICATION FOR LICENSE.—Each person who plans to open
  144  a public lodging establishment or a public food service
  145  establishment shall apply for and receive a license from the
  146  division prior to the commencement of operation. A condominium
  147  association, as defined in s. 718.103, which does not own any
  148  units classified as vacation rentals or timeshare projects under
  149  s. 509.242(1)(c) or (g) is not required to apply for or receive
  150  a public lodging establishment license. All applications for a
  151  vacation rental license shall, if applicable, include the local
  152  registration number or other proof of registration required by
  153  local law, ordinance, or regulation. Upon receiving an
  154  application for a vacation rental license, the division may
  155  grant a temporary license that shall allow the vacation rental
  156  to begin operation while the application is pending and to post
  157  the information required under s. 509.243(1)(c). The temporary
  158  license shall automatically expire upon final agency action
  159  regarding the license application.
  160         (3) DISPLAY OF LICENSE.—Any license issued by the division
  161  must shall be conspicuously displayed to the public inside in
  162  the office or lobby of the licensed establishment. Public food
  163  service establishments that which offer catering services must
  164  shall display their license number on all advertising for
  165  catering services. The owner or operator of a vacation rental
  166  offered for transient occupancy through an advertising platform
  167  must also display the vacation rental license number and the
  168  local registration number, if applicable.
  169         Section 5. Effective January 1, 2022, section 509.243,
  170  Florida Statutes, is created to read:
  171         509.243Advertising platforms.—
  172         (1)(a)An advertising platform must require that a person
  173  who places an advertisement for the rental of a vacation rental:
  174         1.Include in the advertisement the vacation rental license
  175  number and the local registration number, if applicable; and
  176         2.Attest to the best of their knowledge that the license
  177  number for the vacation rental property and the local
  178  registration are current, valid, and accurately stated in the
  179  advertisement.
  180         (b)An advertising platform must display the vacation
  181  rental license number and the local registration number, if
  182  applicable. Effective July 1, 2022, the advertising platform
  183  must check that the vacation rental license number provided by
  184  the owner or operator appears as current on the information
  185  posted by the division pursuant to paragraph (c) and applies to
  186  the subject vacation rental before publishing the advertisement
  187  on its platform and again at the end of each calendar quarter
  188  that the advertisement remains on its platform.
  189         (c)By July 1, 2022, the division shall maintain vacation
  190  rental license information in a readily accessible electronic
  191  format that is sufficient to facilitate prompt compliance with
  192  the requirements of this subsection by an advertising platform
  193  or a person placing an advertisement on an advertising platform
  194  for transient rental of a vacation rental.
  195         (2)An advertising platform must remove from public view an
  196  advertisement or a listing from its online application,
  197  software, website, or system within 15 business days after being
  198  notified by the division in writing that the subject
  199  advertisement or listing for the rental of a vacation rental
  200  located in this state fails to display a valid license number
  201  issued by the division.
  202         (3)If a guest uses a payment system on or through an
  203  advertising platform to pay for the rental of a vacation rental
  204  located in this state, the advertising platform shall collect
  205  and remit all taxes due under ss. 125.0104, 125.0108, 205.044,
  206  212.03, 212.0305, and 212.055 related to the rental as provided
  207  in s. 212.03(2)(b).
  208         (4)If the division has probable cause to believe that a
  209  person not licensed by the division has violated this chapter or
  210  any rule adopted pursuant thereto, the division may issue and
  211  deliver to such person a notice to cease and desist from the
  212  violation. The issuance of a notice to cease and desist does not
  213  constitute agency action for which a hearing under s. 120.569 or
  214  s. 120.57 may be sought. For the purpose of enforcing a cease
  215  and desist notice, the division may file a proceeding in the
  216  name of the state seeking the issuance of an injunction or a
  217  writ of mandamus against any person who violates any provision
  218  of the notice. If the division is required to seek enforcement
  219  of the notice for a penalty pursuant to s. 120.69, it is
  220  entitled to collect attorney fees and costs, together with any
  221  cost of collection.
  222         (5)The division may fine an advertising platform an amount
  223  not to exceed $1,000 per offense for violations of this section
  224  or of the rules of the division. For the purposes of this
  225  subsection, the division may regard as a separate offense each
  226  day or portion of a day in which an advertising platform is
  227  operated in violation of this section or rules of the division.
  228  The division shall issue a written warning or notice and provide
  229  the advertising platform 15 days to cure a violation before
  230  commencing any legal proceeding under this subsection.
  231         (6)Advertising platforms must adopt an antidiscrimination
  232  policy to help prevent discrimination among their users and must
  233  inform all users of their services that it is illegal to refuse
  234  accommodation to an individual based on race, creed, color, sex,
  235  pregnancy, physical disability, or national origin pursuant to
  236  s. 509.092.
  237         (7)Advertising platforms that comply with the requirements
  238  of this section are deemed to be in compliance with the
  239  requirements of this chapter. Nothing in this section creates or
  240  is intended to create a private cause of action against
  241  advertising platforms. An advertising platform may not be held
  242  liable for any action it takes voluntarily in good faith in
  243  relation to its users to comply with this chapter or the
  244  advertising platform’s terms of service.
  245         Section 6. Subsections (10) and (11) are added to section
  246  509.261, Florida Statutes, to read:
  247         509.261 Revocation or suspension of licenses; fines;
  248  procedure.—
  249         (10) The division may revoke, refuse to issue or renew, or
  250  suspend for a period of not more than 30 days a vacation rental
  251  license when:
  252         (a) The operation of the subject premises violates the
  253  terms of an applicable lease or property restriction, including
  254  any property restriction adopted pursuant to chapter 718,
  255  chapter 719, or chapter 720;
  256         (b) The owner or operator fails to provide proof of
  257  registration, if required by local law, ordinance, or
  258  regulation;
  259         (c) The registration of the vacation rental is terminated
  260  by a local government as provided in s. 509.032(7)(b)5.; or
  261         (d) The premises and its owner are the subject of a final
  262  order or judgment lawfully directing the termination of the
  263  premises’ use as a vacation rental.
  264         (11) The division may suspend, for a period of not more
  265  than 30 days, a vacation rental license when the owner or
  266  operator has been cited for two or more code violations related
  267  to the vacation rental during a period of 90 days. The division
  268  shall issue a written warning or notice and provide an
  269  opportunity to cure a violation before commencing any legal
  270  proceeding under this subsection.
  271  
  272  ================= T I T L E  A M E N D M E N T ================
  273  And the title is amended as follows:
  274         Delete lines 8 - 45
  275  and insert:
  276         cross-reference; revising the regulated activities of
  277         public lodging establishments and public food service
  278         establishments preempted to the state to include
  279         licensing; revising an exemption to the prohibition
  280         against certain local regulation of vacation rentals;
  281         expanding the authority of local laws, ordinances, or
  282         regulations to include requiring vacation rentals to
  283         register with local vacation rental registration
  284         programs; authorizing local governments to adopt
  285         vacation rental registration programs and impose fines
  286         for failure to register; authorizing local governments
  287         to charge fees for processing registration
  288         applications; specifying requirements, procedures, and
  289         limitations for local vacation rental registration
  290         programs; authorizing local governments to terminate
  291         or refuse to issue or renew vacation rental
  292         registrations under certain circumstances; preempting
  293         the regulation of advertising platforms to the state;
  294         amending s. 509.241, F.S.; requiring applications for
  295         vacation rental licenses to include certain
  296         information; authorizing the Division of Hotels and
  297         Restaurants of the Department of Business and
  298         Professional Regulation to issue temporary licenses
  299         upon receipt of vacation rental license applications;
  300         providing for expiration of temporary vacation rental
  301         licenses; requiring licenses issued by the division to
  302         be displayed conspicuously to the public inside the
  303         licensed establishment; requiring the owner or
  304         operator of certain vacation rentals to also display
  305         its vacation rental license number and applicable
  306         local registration number; creating s. 509.243, F.S.;
  307         requiring advertising platforms to require that
  308         persons placing advertisements for vacation rentals
  309         include certain information in the advertisements and
  310         attest to certain information; requiring advertising
  311         platforms to display and check such information;
  312         requiring the division to maintain certain information
  313         in a readily accessible electronic format by a certain
  314         date; requiring advertising platforms to remove an
  315         advertisement or listing under certain conditions and
  316         within a specified timeframe; requiring advertising
  317         platforms to collect and remit taxes for certain
  318         transactions; authorizing the division to issue and
  319         deliver a notice to cease and desist for certain
  320         violations; providing that such notice does not
  321         constitute agency action for which certain hearings
  322         may be sought; authorizing the division to file
  323         certain proceedings; authorizing the division to seek
  324         certain remedies for the purpose of enforcing a cease
  325         and desist notice; authorizing the division to collect
  326         attorney fees and costs under certain circumstances;
  327         authorizing the division to impose a fine on
  328         advertising platforms for certain violations;
  329         requiring the division to issue written warnings or
  330         notices before commencing certain legal proceedings;
  331         requiring advertising platforms to adopt an
  332         antidiscrimination policy and to inform their users of
  333         the policy’s provisions; providing construction;
  334         amending s. 509.261, F.S.; authorizing the division to
  335         revoke, refuse to issue or renew, or suspend vacation
  336         rental licenses under certain circumstances; amending
  337         s. 775.21,