Florida Senate - 2014                                     SB 356
       
       
        
       By Senator Thrasher
       
       
       
       
       
       6-00568-14                                             2014356__
    1                        A bill to be entitled                      
    2         An act relating to the regulation of public lodging
    3         establishments and public food service establishments;
    4         amending s. 509.032, F.S.; deleting the restriction
    5         preventing local laws, ordinances, or regulations from
    6         regulating the use of vacation rentals based solely on
    7         their classification, use, or occupancy; providing an
    8         effective date.
    9          
   10  Be It Enacted by the Legislature of the State of Florida:
   11  
   12         Section 1. Subsection (7) of section 509.032, Florida
   13  Statutes, is amended to read:
   14         509.032 Duties.—
   15         (7) PREEMPTION AUTHORITY.—
   16         (a) The regulation of public lodging establishments and
   17  public food service establishments, including, but not limited
   18  to, sanitation standards, inspections, training and testing of
   19  personnel, and matters related to the nutritional content and
   20  marketing of foods offered in such establishments, is preempted
   21  to the state. This subsection paragraph does not preempt the
   22  authority of a local government or local enforcement district to
   23  conduct inspections of public lodging and public food service
   24  establishments for compliance with the Florida Building Code and
   25  the Florida Fire Prevention Code, pursuant to ss. 553.80 and
   26  633.206.
   27         (b) A local law, ordinance, or regulation may not restrict
   28  the use of vacation rentals, prohibit vacation rentals, or
   29  regulate vacation rentals based solely on their classification,
   30  use, or occupancy. This paragraph does not apply to any local
   31  law, ordinance, or regulation adopted on or before June 1, 2011.
   32         (c) Paragraph (b) does not apply to any local law,
   33  ordinance, or regulation exclusively relating to property
   34  valuation as a criterion for vacation rental if the local law,
   35  ordinance, or regulation is required to be approved by the state
   36  land planning agency pursuant to an area of critical state
   37  concern designation.
   38         Section 2. This act shall take effect July 1, 2014.