Florida Senate - 2016                                    SB 1568
       
       
        
       By Senator Altman
       
       16-01428A-16                                          20161568__
    1                        A bill to be entitled                      
    2         An act relating to vacation rental units; amending s.
    3         509.241, F.S.; providing criteria for licensure as a
    4         vacation rental unit; requiring the Division of Hotels
    5         and Restaurants of the Department of Business and
    6         Professional Regulation to suspend a license of a
    7         vacation rental unit for failure to meet certain
    8         criteria by a specified date; specifying that vacation
    9         rental units operating without a license or with a
   10         license expired for a specified period are subject to
   11         disciplinary action pursuant to rules establishing
   12         certain disciplinary guidelines; prohibiting group
   13         licensing of such units; requiring a vacation rental
   14         unit to display its license number on all property
   15         rental advertising; providing that it is an unlicensed
   16         practice to advertise without a license; providing an
   17         effective date.
   18          
   19  Be It Enacted by the Legislature of the State of Florida:
   20  
   21         Section 1. Section 509.241, Florida Statutes, is amended to
   22  read:
   23         509.241 Licenses required; exceptions.—
   24         (1) LICENSES; ANNUAL RENEWALS.—Each public lodging
   25  establishment and public food service establishment shall obtain
   26  a license from the division. Such license may not be transferred
   27  from one place or individual to another. It shall be a
   28  misdemeanor of the second degree, punishable as provided in s.
   29  775.082 or s. 775.083, for such an establishment to operate
   30  without a license. Local law enforcement shall provide immediate
   31  assistance in pursuing an illegally operating establishment. The
   32  division may refuse a license, or a renewal thereof, to any
   33  establishment that is not constructed and maintained in
   34  accordance with law and with the rules of the division. The
   35  division may refuse to issue a license, or a renewal thereof, to
   36  any establishment an operator of which, within the preceding 5
   37  years, has been adjudicated guilty of, or has forfeited a bond
   38  when charged with, any crime reflecting on professional
   39  character, including soliciting for prostitution, pandering,
   40  letting premises for prostitution, keeping a disorderly place,
   41  or illegally dealing in controlled substances as defined in
   42  chapter 893, whether in this state or in any other jurisdiction
   43  within the United States, or has had a license denied, revoked,
   44  or suspended pursuant to s. 429.14. The division shall suspend
   45  the license of a vacation rental unit that does not meet all of
   46  the criteria in subsection (2) by October 1, 2016. A vacation
   47  rental unit operating without a license or with a license
   48  expired for more than 60 days is subject to disciplinary action
   49  pursuant to the disciplinary guidelines applicable to public
   50  lodging establishments adopted by rule under s. 455.2273 or s.
   51  509.032. Licenses shall be renewed annually, and the division
   52  shall adopt a rule establishing a staggered schedule for license
   53  renewals. If any license expires while administrative charges
   54  are pending against the license, the proceedings against the
   55  license shall continue to conclusion as if the license were
   56  still in effect.
   57         (2) APPLICATION FOR LICENSE.—
   58         (a) Each person who plans to open a public lodging
   59  establishment or a public food service establishment shall apply
   60  for and receive a license from the division before beginning
   61  prior to the commencement of operation. A condominium
   62  association, as defined in s. 718.103, which does not own any
   63  units classified as vacation rentals or timeshare projects under
   64  s. 509.242(1)(c) or (g) is not required to apply for or receive
   65  a public lodging establishment license.
   66         (b)1.Each individual vacation rental unit must obtain a
   67  license from the division. A group license may not be issued for
   68  vacation rental units. An applicant for a vacation rental unit
   69  license must provide all of the following to the division:
   70         a.Evidence confirming registration with the county
   71  collector of the tourist development tax.
   72         b.Certification of inspection by the local firesafety
   73  authority confirming that the unit complies with Rule 69A-43,
   74  F.A.C., as adopted by the State Fire Marshal.
   75         c.Evidence confirming registration with the Department of
   76  Revenue to collect and remit state sales tax.
   77         d.Evidence confirming receipt of all applicable local
   78  licenses. If a state vacation rental unit license is required to
   79  obtain a local license, a provisional license may be granted to
   80  the applicant. The provisional license expires if the required
   81  local license is not obtained within 60 days after issuance of
   82  the provisional license.
   83         2.A vacation rental unit licenseholder must have a valid
   84  phone number and e-mail address on file with the division.
   85         (3) DISPLAY OF LICENSE.—Any license issued by the division
   86  shall be conspicuously displayed in the office or lobby of the
   87  licensed establishment. A public food service establishment that
   88  offers establishments which offer catering services shall
   89  display its their license number on all advertising for catering
   90  services. A vacation rental unit must display its license number
   91  on all property rental advertising. It is an unlicensed
   92  practice, pursuant to s. 455.228, to advertise a vacation rental
   93  unit without a license.
   94         Section 2. This act shall take effect July 1, 2016.