Florida Senate - 2023                        COMMITTEE AMENDMENT
       Bill No. CS for CS for SB 714
       
       
       
       
       
       
                                Ì318222wÎ318222                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  04/25/2023           .                                
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       The Committee on Fiscal Policy (DiCeglie) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete lines 420 - 606
    4  and insert:
    5         b.Obtain a license issued by the division to operate as a
    6  vacation rental.
    7         c.Obtain all required tax registrations, receipts, or
    8  certificates issued by the Department of Revenue, a county, or a
    9  municipal government.
   10         d.Update required information on a continuing basis to
   11  ensure it is current.
   12         e.Comply with parking standards and solid waste handling
   13  and containment requirements, so long as such standards and
   14  requirements are not imposed solely on vacation rentals.
   15         f.Designate and maintain at all times a responsible party
   16  who is capable of responding to complaints and other immediate
   17  problems related to the vacation rental, including being
   18  available by telephone at a listed phone number.
   19         g.State the maximum occupancy of the vacation rental based
   20  on the number of sleeping accommodations for persons staying
   21  overnight in the vacation rental.
   22         h.Pay in full all recorded municipal or county code liens
   23  against the subject property.
   24         4.a.Within 15 business days after receiving an application
   25  for registration of a vacation rental, the local government must
   26  review the application for completeness and accept the
   27  registration of the vacation rental or issue a written notice
   28  specifying with particularity any areas that are deficient. Such
   29  notice may be provided by United States mail or electronically.
   30         b.The vacation rental owner or operator and the local
   31  government may agree to a reasonable request to extend the
   32  timeframes provided in this subparagraph, particularly in the
   33  event of a force majeure or other extraordinary circumstance.
   34         c.When a local government denies an application for
   35  registration of a vacation rental, the local government must
   36  give written notice to the applicant. Such notice may be
   37  provided by United States mail or electronically. The notice
   38  must specify with particularity the factual reasons for the
   39  denial and include a citation to the applicable portions of an
   40  ordinance, a rule, a statute, or other legal authority for the
   41  denial of the registration. A local government may not deny an
   42  applicant from reapplying if the applicant cures the identified
   43  deficiencies.
   44         d.If the local government fails to accept or deny the
   45  registration within the timeframes provided in this
   46  subparagraph, the application is deemed accepted.
   47         e.Upon an accepted registration of a vacation rental, a
   48  local government shall assign a unique registration number to
   49  the vacation rental or other indicia of registration and provide
   50  the registration number or other indicia of registration to the
   51  owner or operator of the vacation rental in writing or
   52  electronically.
   53         5. The local government may terminate or refuse to issue or
   54  renew a vacation rental registration when:
   55         a.There is an unsatisfied recorded municipal lien or
   56  county lien on the real property of the vacation rental,
   57  provided the local government allows the vacation rental owner
   58  at least 60 days before the termination of a registration to
   59  satisfy the recorded municipal lien or county code lien;
   60         b.The operation of the subject premises violates a
   61  registration requirement authorized pursuant to this paragraph
   62  or a local law, ordinance, or regulation that does not apply
   63  solely to vacation rentals; or
   64         c.The premises and its owner are the subject of a final
   65  order or judgment lawfully directing the termination of the
   66  premises’ use as a vacation rental.
   67         (d)The regulation of advertising platforms is preempted to
   68  the state as provided in this chapter.
   69         Section 4. Effective January 1, 2024, subsections (2) and
   70  (3) of section 509.241, Florida Statutes, are amended to read:
   71         509.241 Licenses required; exceptions.—
   72         (2) APPLICATION FOR LICENSE.—Each person who plans to open
   73  a public lodging establishment or a public food service
   74  establishment shall apply for and receive a license from the
   75  division before prior to the commencement of operation. A
   76  condominium association, as defined in s. 718.103, which does
   77  not own any units classified as vacation rentals or timeshare
   78  projects under s. 509.242(1)(c) or (g) is not required to apply
   79  for or receive a public lodging establishment license. Upon
   80  receiving an application for a vacation rental license, the
   81  division may grant a temporary license that authorizes the
   82  vacation rental to begin operation while the application is
   83  pending and to post the information required under s.
   84  509.243(1)(c). The temporary license automatically expires upon
   85  final agency action regarding the license application.
   86         (3) DISPLAY OF LICENSE.—Any license issued by the division
   87  must shall be conspicuously displayed to the public inside in
   88  the office or lobby of the licensed establishment. Public food
   89  service establishments that which offer catering services must
   90  shall display their license number on all advertising for
   91  catering services. The owner or operator of a vacation rental
   92  offered for transient occupancy through an advertising platform
   93  must also display the vacation rental license number and, if
   94  applicable, the local registration number.
   95         Section 5. Effective January 1, 2024, section 509.243,
   96  Florida Statutes, is created to read:
   97         509.243Advertising platforms.—
   98         (1)(a)An advertising platform must require that a person
   99  who places an advertisement for the rental of a vacation rental:
  100         1.Include in the advertisement the vacation rental license
  101  number and, if applicable, the local registration number; and
  102         2.Attest to the best of the person’s knowledge that the
  103  license number for the vacation rental property is current,
  104  valid, and accurately stated in the advertisement, and that the
  105  local registration number for the vacation rental property is
  106  current, valid, and accurately stated in the advertisement or
  107  that a local registration is not required.
  108         (b)An advertising platform must display the vacation
  109  rental license number and, if applicable, the local registration
  110  number based upon the attestation in subparagraph (a)2.
  111         (c)By July 1, 2024, the division shall maintain vacation
  112  rental license information in a readily accessible electronic
  113  format on its website.
  114         (2)An advertising platform must remove from public view an
  115  advertisement or a listing from its online application,
  116  software, website, or system within 15 business days after being
  117  notified by the division in writing that the subject
  118  advertisement or listing for the rental of a vacation rental
  119  located in this state fails to display a valid license number
  120  issued by the division.
  121         (3)If a guest uses a payment system on or through an
  122  advertising platform to pay for the rental of a vacation rental
  123  located in this state, the advertising platform must collect and
  124  remit all taxes due under ss. 125.0104, 125.0108, 205.044,
  125  212.03, 212.0305, and 212.055 related to the rental as provided
  126  in s. 212.03(2)(b).
  127         (4)If the division has probable cause to believe that a
  128  person not licensed by the division has violated this chapter or
  129  any rule adopted pursuant thereto, the division may issue and
  130  deliver to such person a notice to cease and desist from the
  131  violation. The issuance of a notice to cease and desist does not
  132  constitute agency action for which a hearing under s. 120.569 or
  133  s. 120.57 may be sought. For the purpose of enforcing a cease
  134  and desist notice, the division may file a proceeding in the
  135  name of the state seeking the issuance of an injunction or a
  136  writ of mandamus against any person who violates any provision
  137  of the notice. If the division is required to seek enforcement
  138  of the notice for a penalty pursuant to s. 120.69, it is
  139  entitled to collect attorney fees and costs, together with any
  140  cost of collection.
  141         (5)The division may fine an advertising platform an amount
  142  not to exceed $1,000 per offense for violations of this section
  143  or of the rules of the division. For the purposes of this
  144  subsection, the division may regard as a separate offense each
  145  day or portion of a day in which an advertising platform is
  146  operated in violation of this section or rules of the division.
  147  The division shall issue a written warning or notice and provide
  148  the advertising platform 15 days to cure a violation before
  149  commencing any legal proceeding under subsection (4).
  150         (6)Advertising platforms shall adopt an antidiscrimination
  151  policy to help prevent discrimination among their users and
  152  shall inform all users of their services that it is illegal to
  153  refuse accommodation to an individual based on race, creed,
  154  color, sex, pregnancy, physical disability, or national origin
  155  pursuant to s. 509.092.
  156         (7)Advertising platforms that comply with the requirements
  157  of this section are deemed to be in compliance with the
  158  requirements of this chapter. This section does not create and
  159  is not intended to create a private cause of action against
  160  advertising platforms. An advertising platform may not be held
  161  liable for any action it takes voluntarily in good faith in
  162  relation to its users to comply with this chapter or the
  163  advertising platform’s terms of service.
  164         Section 6. Subsections (10) and (11) are added to section
  165  509.261, Florida Statutes, to read:
  166         509.261 Revocation or suspension of licenses; fines;
  167  procedure.—
  168         (10) The division may revoke, refuse to issue or renew, or
  169  suspend for a period of not more than 30 days a vacation rental
  170  license when:
  171         (a) The operation of the subject premises violates the
  172  terms of an applicable lease or property restriction, including
  173  any property restriction adopted pursuant to chapter 718,
  174  chapter 719, or chapter 720, as determined by a final order of a
  175  court of competent jurisdiction or a written decision by an
  176  arbitrator authorized to arbitrate a dispute relating to the
  177  subject property and a lease or property restriction;
  178         (b) The registration of the vacation rental is terminated
  179  by a local government as provided in s. 509.032(7)(b)5.; or
  180         (c) The premises and its owner are the subject of a final
  181  
  182  ================= T I T L E  A M E N D M E N T ================
  183  And the title is amended as follows:
  184         Delete lines 28 - 47
  185  and insert:
  186         509.241, F.S.; authorizing the Division of Hotels and
  187         Restaurants of the Department of Business and
  188         Professional Regulation to issue temporary licenses
  189         upon receipt of vacation rental license applications;
  190         providing for expiration of temporary vacation rental
  191         licenses; requiring licenses issued by the division to
  192         be displayed conspicuously to the public inside the
  193         licensed establishment; requiring the owner or
  194         operator of certain vacation rentals to also display
  195         its vacation rental license number and applicable
  196         local registration number; creating s. 509.243, F.S.;
  197         requiring advertising platforms to require that
  198         persons placing advertisements for vacation rentals
  199         include certain information in the advertisements and
  200         attest to certain information; requiring advertising
  201         platforms to display and check such information;
  202         requiring the division to maintain certain information
  203         in a readily accessible electronic format on its
  204         website by a certain