Florida Senate - 2011                              CS for SB 476
       
       
       
       By the Committee on Regulated Industries; and Senator Evers
       
       
       
       
       580-02868-11                                           2011476c1
    1                        A bill to be entitled                      
    2         An act relating to public lodging establishments;
    3         amending s. 509.032, F.S.; conforming provisions to
    4         changes made by the act; providing that vacation
    5         rentals are residential property for purposes of
    6         provisions related to the treatment of such
    7         properties; amending ss. 509.221 and 509.241, F.S.;
    8         conforming provisions to changes made by the act;
    9         amending s. 509.242, F.S.; providing that public
   10         lodging establishments formerly classified as resort
   11         condominiums and resort dwellings are classified as
   12         vacation rentals; defining the term “vacation rental”;
   13         amending s. 509.251, F.S.; conforming provisions to
   14         changes made by the act; amending s. 509.261, F.S.;
   15         revising mandatory education requirements for certain
   16         violations; amending s. 509.291, F.S.; revising
   17         membership of the advisory council of the Division of
   18         Hotels and Restaurants of the Department of Business
   19         and Professional Regulation; requiring the Florida
   20         Vacation Rental Managers Association to designate a
   21         member to serve on the advisory council; amending ss.
   22         381.008 and 386.203, F.S.; conforming provisions to
   23         changes made by the act; providing an effective date.
   24  
   25  Be It Enacted by the Legislature of the State of Florida:
   26  
   27         Section 1. Paragraph (a) of subsection (2) and subsection
   28  (7) of section 509.032, Florida Statutes, are amended to read:
   29         509.032 Duties.—
   30         (2) INSPECTION OF PREMISES.—
   31         (a) The division has responsibility and jurisdiction for
   32  all inspections required by this chapter. The division has
   33  responsibility for quality assurance. Each licensed
   34  establishment shall be inspected at least biannually, except for
   35  transient and nontransient apartments, which shall be inspected
   36  at least annually, and shall be inspected at such other times as
   37  the division determines is necessary to ensure the public’s
   38  health, safety, and welfare. The division shall establish a
   39  system to determine inspection frequency. Public lodging units
   40  classified as vacation rentals resort condominiums or resort
   41  dwellings are not subject to this requirement, but shall be made
   42  available to the division upon request. If, during the
   43  inspection of a public lodging establishment classified for
   44  renting to transient or nontransient tenants, an inspector
   45  identifies vulnerable adults who appear to be victims of
   46  neglect, as defined in s. 415.102, or, in the case of a building
   47  that is not equipped with automatic sprinkler systems, tenants
   48  or clients who may be unable to self-preserve in an emergency,
   49  the division shall convene meetings with the following agencies
   50  as appropriate to the individual situation: the Department of
   51  Health, the Department of Elderly Affairs, the area agency on
   52  aging, the local fire marshal, the landlord and affected tenants
   53  and clients, and other relevant organizations, to develop a plan
   54  which improves the prospects for safety of affected residents
   55  and, if necessary, identifies alternative living arrangements
   56  such as facilities licensed under part II of chapter 400 or
   57  under chapter 429.
   58         (7) PREEMPTION AUTHORITY.—
   59         (a) The regulation of public lodging establishments and
   60  public food service establishments, including, but not limited
   61  to, the inspection of public lodging establishments and public
   62  food service establishments for compliance with the sanitation
   63  standards, inspections, adopted under this section, and the
   64  regulation of food safety protection standards for required
   65  training and testing of food service establishment personnel,
   66  and matters related to the nutritional content and marketing of
   67  foods offered in such establishments, are preempted to the
   68  state. This paragraph subsection does not preempt the authority
   69  of a local government or local enforcement district to conduct
   70  inspections of public lodging and public food service
   71  establishments for compliance with the Florida Building Code and
   72  the Florida Fire Prevention Code, pursuant to ss. 553.80 and
   73  633.022.
   74         (b)Notwithstanding any local law, ordinance, or
   75  regulation, a vacation rental, as described in s. 509.242(1)(c),
   76  is deemed residential property and may not be prohibited or
   77  treated differently than other residential property based solely
   78  on its classification, use, or occupancy.
   79         Section 2. Subsection (9) of section 509.221, Florida
   80  Statutes, is amended to read:
   81         509.221 Sanitary regulations.—
   82         (9) Subsections (2), (5), and (6) do not apply to any
   83  facility or unit classified as a vacation rental or resort
   84  condominium, nontransient apartment, or resort dwelling as
   85  described in s. 509.242(1)(c) and, (d), and (g).
   86         Section 3. Subsection (2) of section 509.241, Florida
   87  Statutes, is amended to read:
   88         509.241 Licenses required; exceptions.—
   89         (2) APPLICATION FOR LICENSE.—Each person who plans to open
   90  a public lodging establishment or a public food service
   91  establishment shall apply for and receive a license from the
   92  division prior to the commencement of operation. A condominium
   93  association, as defined in s. 718.103, which does not own any
   94  units classified as vacation rentals resort condominiums under
   95  s. 509.242(1)(c) is shall not be required to apply for or
   96  receive a public lodging establishment license.
   97         Section 4. Subsection (1) of section 509.242, Florida
   98  Statutes, is amended to read:
   99         509.242 Public lodging establishments; classifications.—
  100         (1) A public lodging establishment shall be classified as a
  101  hotel, motel, resort condominium, nontransient apartment,
  102  transient apartment, roominghouse, bed and breakfast inn, or
  103  vacation rental resort dwelling if the establishment satisfies
  104  the following criteria:
  105         (a) Hotel.—A hotel is any public lodging establishment
  106  containing sleeping room accommodations for 25 or more guests
  107  and providing the services generally provided by a hotel and
  108  recognized as a hotel in the community in which it is situated
  109  or by the industry.
  110         (b) Motel.—A motel is any public lodging establishment
  111  which offers rental units with an exit to the outside of each
  112  rental unit, daily or weekly rates, offstreet parking for each
  113  unit, a central office on the property with specified hours of
  114  operation, a bathroom or connecting bathroom for each rental
  115  unit, and at least six rental units, and which is recognized as
  116  a motel in the community in which it is situated or by the
  117  industry.
  118         (c) Vacation rental Resort condominium.—A vacation rental
  119  resort condominium is any unit or group of units in a
  120  condominium, cooperative, or timeshare plan or any individually
  121  or collectively owned single-family, two-family, or four-family
  122  house or dwelling unit that is also a transient public lodging
  123  establishment which is rented more than three times in a
  124  calendar year for periods of less than 30 days or 1 calendar
  125  month, whichever is less, or which is advertised or held out to
  126  the public as a place regularly rented for periods of less than
  127  30 days or 1 calendar month, whichever is less.
  128         (d) Nontransient apartment or roominghouse.—A nontransient
  129  apartment or roominghouse is a building or complex of buildings
  130  in which 75 percent or more of the units are available for rent
  131  to nontransient tenants.
  132         (e) Transient apartment or roominghouse.—A transient
  133  apartment or roominghouse is a building or complex of buildings
  134  in which more than 25 percent of the units are advertised or
  135  held out to the public as available for transient occupancy.
  136         (f) Roominghouse.—A roominghouse is any public lodging
  137  establishment that may not be classified as a hotel, motel,
  138  resort condominium, nontransient apartment, bed and breakfast
  139  inn, vacation rental, or transient apartment under this section.
  140  A roominghouse includes, but is not limited to, a boardinghouse.
  141         (g) Resort dwelling.—A resort dwelling is any individually
  142  or collectively owned one-family, two-family, three-family, or
  143  four-family dwelling house or dwelling unit which is rented more
  144  than three times in a calendar year for periods of less than 30
  145  days or 1 calendar month, whichever is less, or which is
  146  advertised or held out to the public as a place regularly rented
  147  for periods of less than 30 days or 1 calendar month, whichever
  148  is less.
  149         (g)(h)Bed and breakfast inn.—A bed and breakfast inn is a
  150  family home structure, with no more than 15 sleeping rooms,
  151  which has been modified to serve as a transient public lodging
  152  establishment, which provides the accommodation and meal
  153  services generally offered by a bed and breakfast inn, and which
  154  is recognized as a bed and breakfast inn in the community in
  155  which it is situated or by the hospitality industry.
  156         Section 5. Subsection (1) of section 509.251, Florida
  157  Statutes, is amended to read:
  158         509.251 License fees.—
  159         (1) The division shall adopt, by rule, a schedule of fees
  160  to be paid by each public lodging establishment as a
  161  prerequisite to issuance or renewal of a license. Such fees
  162  shall be based on the number of rental units in the
  163  establishment. The aggregate fee per establishment charged any
  164  public lodging establishment shall not exceed $1,000; however,
  165  the fees described in paragraphs (a) and (b) may not be included
  166  as part of the aggregate fee subject to this cap. Vacation
  167  rental Resort condominium units within separate buildings or at
  168  separate locations but managed by one licensed agent may be
  169  combined in a single license application, and the division shall
  170  charge a license fee as if all units in the application are in a
  171  single licensed establishment. Resort dwelling units may be
  172  licensed in the same manner as condominium units. The fee
  173  schedule shall require an establishment which applies for an
  174  initial license to pay the full license fee if application is
  175  made during the annual renewal period or more than 6 months
  176  prior to the next such renewal period and one-half of the fee if
  177  application is made 6 months or less prior to such period. The
  178  fee schedule shall include fees collected for the purpose of
  179  funding the Hospitality Education Program, pursuant to s.
  180  509.302, which are payable in full for each application
  181  regardless of when the application is submitted.
  182         (a) Upon making initial application or an application for
  183  change of ownership, the applicant shall pay to the division a
  184  fee as prescribed by rule, not to exceed $50, in addition to any
  185  other fees required by law, which shall cover all costs
  186  associated with initiating regulation of the establishment.
  187         (b) A license renewal filed with the division within 30
  188  days after the expiration date shall be accompanied by a
  189  delinquent fee as prescribed by rule, not to exceed $50, in
  190  addition to the renewal fee and any other fees required by law.
  191  A license renewal filed with the division more than 30 but not
  192  more than 60 days after the expiration date shall be accompanied
  193  by a delinquent fee as prescribed by rule, not to exceed $100,
  194  in addition to the renewal fee and any other fees required by
  195  law.
  196         Section 6. Subsection (1) of section 509.261, Florida
  197  Statutes, is amended to read:
  198         509.261 Revocation or suspension of licenses; fines;
  199  procedure.—
  200         (1) Any public lodging establishment or public food service
  201  establishment that has operated or is operating in violation of
  202  this chapter or the rules of the division, operating without a
  203  license, or operating with a suspended or revoked license may be
  204  subject by the division to:
  205         (a) Fines not to exceed $1,000 per offense;
  206         (b) Mandatory completion attendance, at personal expense,
  207  of a remedial at an educational program administered sponsored
  208  by a food safety training program provider whose program has
  209  been approved by the division, as provided in s. 509.049 the
  210  Hospitality Education Program; and
  211         (c) The suspension, revocation, or refusal of a license
  212  issued pursuant to this chapter.
  213         Section 7. Subsection (1) of section 509.291, Florida
  214  Statutes, is amended to read:
  215         509.291 Advisory council.—
  216         (1) There is created a 10-member advisory council.
  217         (a) The Secretary of Business and Professional Regulation
  218  shall appoint six seven voting members to the advisory council.
  219  Each member appointed by the secretary must be an operator of an
  220  establishment licensed under this chapter and shall represent
  221  the industries regulated by the division, except that one member
  222  appointed by the secretary must be a layperson representing the
  223  general public and one member must be a hospitality education
  224  administrator from an institution of higher education of this
  225  state. Such members of the council shall serve staggered terms
  226  of 4 years.
  227         (b) The Florida Restaurant and Lodging Association shall
  228  designate one representative to serve as a voting member of the
  229  council. The Florida Vacation Rental Managers Association shall
  230  designate one representative to serve as a voting member of the
  231  council. The Florida Apartment Association and the Florida
  232  Association of Realtors shall each designate one representative
  233  to serve as a voting member of the council.
  234         (c) Any member who fails to attend three consecutive
  235  council meetings without good cause may be removed from the
  236  council by the secretary.
  237         Section 8. Paragraph (c) of subsection (8) of section
  238  381.008, Florida Statutes, is amended to read:
  239         381.008 Definitions of terms used in ss. 381.008
  240  381.00897.—As used in ss. 381.008-381.00897, the following words
  241  and phrases mean:
  242         (8) “Residential migrant housing”—A building, structure,
  243  mobile home, barracks, or dormitory, and any combination thereof
  244  on adjacent property which is under the same ownership,
  245  management, or control, and the land appertaining thereto, that
  246  is rented or reserved for occupancy by five or more seasonal or
  247  migrant farmworkers, except:
  248         (c) A hotel or, motel, or resort condominium, as described
  249  defined in chapter 509, that is furnished for transient
  250  occupancy.
  251         Section 9. Subsection (4) of section 386.203, Florida
  252  Statutes, is amended to read:
  253         386.203 Definitions.—As used in this part:
  254         (4) “Designated smoking guest rooms at public lodging
  255  establishments” means the sleeping rooms and directly associated
  256  private areas, such as bathrooms, living rooms, and kitchen
  257  areas, if any, rented to guests for their exclusive transient
  258  occupancy in public lodging establishments, including hotels,
  259  motels, vacation rentals resort condominiums, transient
  260  apartments, transient lodging establishments, rooming houses,
  261  boarding houses, resort dwellings, bed and breakfast inns, and
  262  the like; and designated by the person or persons having
  263  management authority over such public lodging establishment as
  264  rooms in which smoking may be permitted.
  265         Section 10. This act shall take effect July 1, 2011.