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:
171 509.243 Advertising 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,