Florida Senate - 2023                                    SB 1422
       
       
        
       By Senator Pizzo
       
       
       
       
       
       37-01559B-23                                          20231422__
    1                        A bill to be entitled                      
    2         An act relating to public lodging and food service
    3         establishments; amending s. 509.241, F.S.; requiring
    4         an applicant for a vacation rental license to provide
    5         the Division of Hotels and Restaurants of the
    6         Department of Business and Professional Regulation
    7         with certain information; amending s. 509.281, F.S.;
    8         revising penalties for an operator who fails,
    9         neglects, or refuses to obtain a license or pay the
   10         required license fee; providing an effective date.
   11          
   12  Be It Enacted by the Legislature of the State of Florida:
   13  
   14         Section 1. Subsection (2) of section 509.241, Florida
   15  Statutes, is amended to read:
   16         509.241 Licenses required; exceptions.—
   17         (2) APPLICATION FOR LICENSE.—Each person who plans to open
   18  a public lodging establishment or a public food service
   19  establishment shall apply for and receive a license from the
   20  division before prior to the commencement of operation.
   21         (a) A condominium association, as defined in s. 718.103,
   22  which does not own any units classified as vacation rentals or
   23  timeshare projects under s. 509.242(1)(c) or (g) is not required
   24  to apply for or receive a public lodging establishment license.
   25         (b) An applicant for a license for a vacation rental must
   26  provide the division with all of the following information:
   27         1. Proof of inspection and compliance with county,
   28  municipal, building, zoning, and firesafety codes reflecting a
   29  change in use from a single-family or multifamily residential
   30  dwelling to a transient public lodging establishment.
   31         2. Proof that the underlying homeowner’s insurance policy
   32  allows the structure to be used as a transient public lodging
   33  establishment.
   34         3. A signed affidavit from the chief executive of the
   35  municipality, or the county if the property is in an
   36  unincorporated area, where the property is located confirming
   37  that operating a vacation rental at that address is allowed.
   38         Section 2. Subsection (2) of section 509.281, Florida
   39  Statutes, is amended to read:
   40         509.281 Prosecution for violation; duty of state attorney;
   41  penalties.—
   42         (2)(a) Except as provided in paragraph (b), any operator
   43  who obstructs or hinders any agent of the division in the proper
   44  discharge of the agent’s duties; who fails, neglects, or refuses
   45  to obtain a license or pay the license fee required by law; or
   46  who fails or refuses to perform any duty imposed upon it by law
   47  or rule commits is guilty of a misdemeanor of the second degree,
   48  punishable as provided in s. 775.082 or s. 775.083.
   49         (b) Any operator who fails, neglects, or refuses to obtain
   50  a license or to pay the license fee required by law commits, for
   51  the first offense, a noncriminal violation, punishable as
   52  provided in s. 775.083, and for a second or subsequent offense,
   53  the operator commits a misdemeanor of the first degree,
   54  punishable as provided in s. 775.082 or s. 775.083.
   55  
   56  Each day that such establishment is operated in violation of law
   57  or rule is a separate offense.
   58         Section 3. This act shall take effect October 1, 2023.