Florida Senate - 2023 COMMITTEE AMENDMENT Bill No. CS for CS for SB 714 Ì318222wÎ318222 LEGISLATIVE ACTION Senate . House Comm: RCS . 04/25/2023 . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— 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 beforeprior tothe 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 mustshallbe conspicuously displayed to the public insidein88 theoffice or lobby of thelicensed establishment. Public food 89 service establishments thatwhichoffer catering services must 90shalldisplay 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: 97 509.243 Advertising 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