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CS/HB 249 — Public Lodging Establishments

by Government Operations Appropriations Subcommittee and Rep. Bembry (CS/SB 454 by Commerce and Tourism Committee and Senator Wise)

This summary is provided for information only and does not represent the opinion of any Senator, Senate Officer, or Senate Office.

Prepared by: Regulated Industries Committee (RI)

The bill exempts apartment buildings that are inspected by the U.S. Department of Housing and Urban Development (HUD), or other entity acting on its behalf, and that are designated primarily as housing for persons age 62 or older from regulation by the Division of Hotels and Restaurants (division) within the Department of Business and Professional Regulation. The division may require the operator of the building to attest in writing that the apartment meets the criteria to qualify for the exemption. The bill also authorizes the division to adopt rules to implement this exemption.

The bill exempts roominghouses, boardinghouses, or other sleeping facilities that are not classified as a hotel, motel, vacation rental, nontransient apartment, bed and breakfast inn, or transient apartment from the definition for the term “public lodging establishment.” The amended definition would exempt these locations from regulation by the division.

The bill would also expand the definition of the term “vacation rental” to include three-family houses or dwelling units in addition to the single-family, two-family, and four-family houses or dwelling units that are currently included in the definition.

If approved by the Governor, these provisions take effect October 1, 2012.

Vote: Senate 38-0; House 114-0