Florida Senate - 2018                                    SB 1640
       
       
        
       By Senator Simmons
       
       
       
       
       
       9-01150-18                                            20181640__
    1                        A bill to be entitled                      
    2         An act relating to vacation rentals; amending s.
    3         212.18, F.S.; requiring persons engaged in certain
    4         public lodging-related transactions to display a valid
    5         certificate of registration number in rental listings
    6         or advertisements; specifying penalties for failure to
    7         display such certification number and who may collect
    8         such penalty; reordering and amending s. 509.013,
    9         F.S.; revising definitions and defining terms;
   10         amending s. 509.032, F.S.; revising the inspection
   11         responsibilities of the Division of Hotels and
   12         Restaurants regarding vacation rentals; conforming a
   13         cross-reference; revising the preemption of local
   14         laws, ordinances, and regulations relating to vacation
   15         rentals; amending s. 509.034, F.S.; revising the
   16         applicability of specified public lodging provisions;
   17         amending s. 509.101, F.S.; making a technical change;
   18         amending s. 509.141, F.S.; specifying the point at
   19         which a notice to depart a premises is effective;
   20         amending s. 509.151, F.S.; making a technical change;
   21         amending s. 509.221, F.S.; conforming a cross
   22         reference; making technical changes; specifying the
   23         applicability of specified public lodging provisions
   24         to commercial vacation rentals; amending s. 509.241,
   25         F.S.; authorizing the division to refuse to issue or
   26         renew or to suspend or revoke the license of a public
   27         lodging establishment subject to a local final order
   28         directing the establishment to cease operations;
   29         requiring vacation rentals to display certain
   30         information in rental listings and advertisements;
   31         amending s. 509.242, F.S.; revising the classification
   32         of “vacation rental”; authorizing the division to
   33         require by rule that vacation rental applicants and
   34         licensees provide certain information; revising the
   35         classification of “nontransient apartment”; creating
   36         s. 509.243, F.S.; requiring transient public lodging
   37         hosting platforms to be registered with the division;
   38         prohibiting hosting platforms from making specified
   39         transactions regarding unregistered public lodging
   40         establishments; specifying registration requirements
   41         and the depositing of fees; requiring the division to
   42         adopt a schedule of fees; specifying the maximum fee
   43         per hosting platform; specifying requirements relating
   44         to agents for service of process; authorizing hosting
   45         platforms to collect and remit state and local taxes;
   46         specifying the records to be maintained by hosting
   47         platforms and the transmission of such records;
   48         requiring the division to audit such records
   49         periodically; authorizing the division to share such
   50         records with the Department of Revenue and counties
   51         for specified purposes; specifying penalties; amending
   52         s. 509.4005, F.S.; revising the applicability of
   53         specified public lodging provisions; requiring the
   54         Department of Revenue and specified counties to adopt
   55         an amnesty program regarding unpaid taxes, penalties,
   56         and interest for persons who engage in leasing,
   57         renting, letting, or granting licenses to use a
   58         vacation rental; specifying the requirements of such
   59         programs; specifying that certain taxes, penalties, or
   60         interest assessments are not eligible for such
   61         programs; authorizing the Department of Revenue to
   62         adopt emergency rules; specifying rule requirements;
   63         amending ss. 159.27, 212.08, 316.1955, 404.056,
   64         477.0135, 553.5041, 717.1355, and 877.24, F.S.;
   65         conforming cross-references; providing effective
   66         dates.
   67          
   68  Be It Enacted by the Legislature of the State of Florida:
   69  
   70         Section 1. Paragraphs (a), (b), and (c) of subsection (3)
   71  of section 212.18, Florida Statutes, are amended to read:
   72         212.18 Administration of law; registration of dealers;
   73  rules.—
   74         (3)(a) A person who desires desiring to engage in or
   75  conduct business in this state as a dealer, or to lease, rent,
   76  or let or grant licenses in living quarters or sleeping or
   77  housekeeping accommodations in hotels, apartment houses,
   78  roominghouses, or tourist or trailer camps that are subject to
   79  tax under s. 212.03, or to lease, rent, or let or grant licenses
   80  in real property, and a person who sells or receives anything of
   81  value by way of admissions, must file with the department an
   82  application for a certificate of registration for each place of
   83  business. The application must include the names of the persons
   84  who have interests in such business and their residences, the
   85  address of the business, and other data reasonably required by
   86  the department. However, owners and operators of vending
   87  machines or newspaper rack machines are required to obtain only
   88  one certificate of registration for each county in which such
   89  machines are located. The department, by rule, may authorize a
   90  dealer that uses independent sellers to sell its merchandise to
   91  remit tax on the retail sales price charged to the ultimate
   92  consumer in lieu of having the independent seller register as a
   93  dealer and remit the tax. The department may appoint the county
   94  tax collector as the department’s agent to accept applications
   95  for registrations. The application must be submitted to the
   96  department before the person, firm, copartnership, or
   97  corporation may engage in such business.
   98         (b)1.The department, Upon receipt of such application, the
   99  department shall grant to the applicant a separate certificate
  100  of registration for each place of business, which may be
  101  canceled by the department or its designated assistants for any
  102  failure by the certificateholder to comply with this chapter.
  103  The certificate is not assignable and is valid only for the
  104  person, firm, copartnership, or corporation to which it is
  105  issued. The certificate must be placed in a conspicuous place in
  106  the business or businesses for which it is issued and must be
  107  displayed at all times. Except as provided in this subsection, a
  108  person may not engage in business as a dealer or in leasing,
  109  renting, or letting, of or granting a license licenses to use in
  110  living quarters or sleeping or housekeeping accommodations in
  111  hotels, apartment houses, roominghouses, tourist or trailer
  112  camps, or real property, or sell or receive anything of value by
  113  way of admissions, without a valid certificate. A person may not
  114  receive a license from any authority within the state to engage
  115  in any such business without a valid certificate. A person may
  116  not engage in the business of selling or leasing tangible
  117  personal property or services as a dealer; engage in leasing,
  118  renting, or letting, of or granting a license to use licenses in
  119  living quarters or sleeping or housekeeping accommodations in
  120  hotels, apartment houses, roominghouses, or tourist or trailer
  121  camps that are taxable under this chapter, or real property; or
  122  engage in the business of selling or receiving anything of value
  123  by way of admissions without a valid certificate.
  124         2.A person engaged in leasing, renting, letting, or
  125  granting a license to use a transient public lodging
  126  establishment, as defined in s. 509.013, must display the
  127  person’s valid certificate of registration number in any rental
  128  listing or advertisement for such property.
  129         (c)1.a. A person who engages in acts requiring a
  130  certificate of registration under this subsection and who fails
  131  or refuses to register commits a misdemeanor of the first
  132  degree, punishable as provided in s. 775.082 or s. 775.083. Such
  133  acts are subject to injunctive proceedings as provided by law. A
  134  person who engages in acts requiring a certificate of
  135  registration and who fails or refuses to register is also
  136  subject to a $100 registration fee. However, the department may
  137  waive the registration fee if it finds that the failure to
  138  register was due to reasonable cause and not to willful
  139  negligence, willful neglect, or fraud.
  140         b.A person who fails to display a valid certificate of
  141  registration number as required under subparagraph (b)2. and who
  142  has not previously been found to be in violation of that
  143  subparagraph is subject to a civil penalty of $50 per day until
  144  the person is in compliance. The penalty shall be collected by
  145  the department.
  146         c.A person who fails to display a valid certificate of
  147  registration number as required under subparagraph (b)2. and who
  148  has previously been found to be in violation of that
  149  subparagraph is subject to a civil penalty of $100 per day until
  150  the person is in compliance. The penalty shall be collected by
  151  the department.
  152         2.a. A person who willfully fails to register after the
  153  department provides notice of the duty to register as a dealer
  154  commits a felony of the third degree, punishable as provided in
  155  s. 775.082, s. 775.083, or s. 775.084.
  156         b. The department shall provide written notice of the duty
  157  to register to the person by personal service or by sending
  158  notice by registered mail to the person’s last known address.
  159  The department may provide written notice by both methods
  160  described in this sub-subparagraph.
  161         Section 2. Section 509.013, Florida Statutes, is reordered
  162  and amended to read:
  163         509.013 Definitions.—As used in this chapter, the term:
  164         (1)“Commercial vacation rental” means a vacation rental,
  165  as specified in s. 509.242(1)(c), which:
  166         (a)Is managed by one licensed agent under a single
  167  license, pursuant to s. 509.251(1), for five or more vacation
  168  rental units; or
  169         (b)Is part of five or more vacation rental units under
  170  common ownership, control, or management, either directly or
  171  indirectly.
  172         (3)(1) “Division” means the Division of Hotels and
  173  Restaurants of the Department of Business and Professional
  174  Regulation.
  175         (5)“Hosting platform” means a person who advertises the
  176  rental of transient public lodging establishments located in
  177  this state and who receives compensation in connection with
  178  facilitating a guest’s reservation or with collecting payment
  179  for such reservation or rental made through any online-enabled
  180  application, software, website, or system.
  181         (7)(2) “Operator” means the owner, licensee, proprietor,
  182  lessee, manager, assistant manager, or appointed agent of a
  183  public lodging establishment or public food service
  184  establishment.
  185         (4)(3) “Guest” means any patron, customer, tenant, lodger,
  186  boarder, or occupant of a public lodging establishment or public
  187  food service establishment.
  188         (9)(4)(a) “Public lodging establishment” includes a
  189  transient public lodging establishment as defined in
  190  subparagraph 1. and a nontransient public lodging establishment
  191  as defined in subparagraph 2.
  192         1. “Transient public lodging establishment” means the whole
  193  or any part of a any unit, group of units, dwelling, building,
  194  or group of buildings within a single complex of buildings which
  195  is rented to guests more than three times in a calendar year for
  196  periods of less than 30 days or 1 calendar month, whichever is
  197  less, or which is advertised or held out to the public as a
  198  place regularly rented to guests.
  199         2. “Nontransient public lodging establishment” means the
  200  whole or any part of a any unit, group of units, dwelling,
  201  building, or group of buildings within a single complex of
  202  buildings which is rented to guests for periods of at least 30
  203  days or 1 calendar month, whichever is less, or which is
  204  advertised or held out to the public as a place regularly rented
  205  to guests for periods of at least 30 days or 1 calendar month.
  206  
  207  License classifications of public lodging establishments, and
  208  the definitions therefor, are set out in s. 509.242. For the
  209  purpose of licensure, the term does not include condominium
  210  common elements as defined in s. 718.103.
  211         (b) The following are excluded from the definitions in
  212  paragraph (a):
  213         1. Any dormitory or other living or sleeping facility
  214  maintained by a public or private school, college, or university
  215  for the use of students, faculty, or visitors.
  216         2. Any facility certified or licensed and regulated by the
  217  Agency for Health Care Administration or the Department of
  218  Children and Families or other similar place regulated under s.
  219  381.0072.
  220         3. Any place renting four rental units or less, unless the
  221  rental units are advertised or held out to the public to be
  222  places that are regularly rented to transients. For the purposes
  223  of this subparagraph, if a rental unit, in whole or in part, is
  224  advertised to guests for transient occupancy via a hosting
  225  platform, it shall be deemed “regularly rented to transients.”
  226         4. Any unit or group of units in a condominium,
  227  cooperative, or timeshare plan and any individually or
  228  collectively owned one-family, two-family, three-family, or
  229  four-family dwelling house or dwelling unit that is rented for
  230  periods of at least 30 days or 1 calendar month, whichever is
  231  less, and that is not advertised or held out to the public as a
  232  place regularly rented for periods of less than 1 calendar
  233  month, provided that no more than four rental units within a
  234  single complex of buildings are available for rent. For purposes
  235  of this subparagraph, if a rental unit, in whole or in part, is
  236  advertised to guests for transient occupancy via a hosting
  237  platform, it shall be deemed “regularly rented for periods of
  238  less than 1 calendar month.”
  239         5. Any migrant labor camp or residential migrant housing
  240  permitted by the Department of Health under ss. 381.008
  241  381.00895.
  242         6. Any establishment inspected by the Department of Health
  243  and regulated by chapter 513.
  244         7. Any nonprofit organization that operates a facility
  245  providing housing only to patients, patients’ families, and
  246  patients’ caregivers and not to the general public.
  247         8. Any apartment building inspected by the United States
  248  Department of Housing and Urban Development or other entity
  249  acting on the department’s behalf that is designated primarily
  250  as housing for persons at least 62 years of age. The division
  251  may require the operator of the apartment building to attest in
  252  writing that such building meets the criteria provided in this
  253  subparagraph. The division may adopt rules to implement this
  254  requirement.
  255         9. Any roominghouse, boardinghouse, or other living or
  256  sleeping facility that may not be classified as a hotel, motel,
  257  timeshare project, vacation rental, nontransient apartment, bed
  258  and breakfast inn, or transient apartment under s. 509.242.
  259         (8)(5)(a) “Public food service establishment” means any
  260  building, vehicle, place, or structure, or any room or division
  261  in a building, vehicle, place, or structure where food is
  262  prepared, served, or sold for immediate consumption on or in the
  263  vicinity of the premises; called for or taken out by customers;
  264  or prepared before prior to being delivered to another location
  265  for consumption. The term includes a culinary education program,
  266  as defined in s. 381.0072(2), which offers, prepares, serves, or
  267  sells food to the general public, regardless of whether it is
  268  inspected by another state agency for compliance with sanitation
  269  standards.
  270         (b) The following are excluded from the definition in
  271  paragraph (a):
  272         1. Any place maintained and operated by a public or private
  273  school, college, or university:
  274         a. For the use of students and faculty; or
  275         b. Temporarily to serve such events as fairs, carnivals,
  276  food contests, cook-offs, and athletic contests.
  277         2. Any eating place maintained and operated by a church or
  278  a religious, nonprofit fraternal, or nonprofit civic
  279  organization:
  280         a. For the use of members and associates; or
  281         b. Temporarily to serve such events as fairs, carnivals,
  282  food contests, cook-offs, or athletic contests.
  283  
  284  Upon request by the division, a church or a religious, nonprofit
  285  fraternal, or nonprofit civic organization claiming an exclusion
  286  under this subparagraph must provide the division documentation
  287  of its status as a church or a religious, nonprofit fraternal,
  288  or nonprofit civic organization.
  289         3. Any eating place maintained and operated by an
  290  individual or entity at a food contest, cook-off, or a temporary
  291  event lasting from 1 to 3 days which is hosted by a church or a
  292  religious, nonprofit fraternal, or nonprofit civic organization.
  293  Upon request by the division, the event host must provide the
  294  division documentation of its status as a church or a religious,
  295  nonprofit fraternal, or nonprofit civic organization.
  296         4. Any eating place located on an airplane, train, bus, or
  297  watercraft which is a common carrier.
  298         5. Any eating place maintained by a facility certified or
  299  licensed and regulated by the Agency for Health Care
  300  Administration or the Department of Children and Families or
  301  other similar place that is regulated under s. 381.0072.
  302         6. Any place of business issued a permit or inspected by
  303  the Department of Agriculture and Consumer Services under s.
  304  500.12.
  305         7. Any place of business where the food available for
  306  consumption is limited to ice, beverages with or without
  307  garnishment, popcorn, or prepackaged items sold without
  308  additions or preparation.
  309         8. Any theater, if the primary use is as a theater and if
  310  patron service is limited to food items customarily served to
  311  the admittees of theaters.
  312         9. Any vending machine that dispenses any food or beverages
  313  other than potentially hazardous foods, as defined by division
  314  rule.
  315         10. Any vending machine that dispenses potentially
  316  hazardous food and which is located in a facility regulated
  317  under s. 381.0072.
  318         11. Any research and development test kitchen limited to
  319  the use of employees and which is not open to the general
  320  public.
  321         (2)(6) “Director” means the Director of the Division of
  322  Hotels and Restaurants of the Department of Business and
  323  Professional Regulation.
  324         (10)(7) “Single complex of buildings” means all buildings
  325  or structures that are owned, managed, controlled, or operated
  326  under one business name and are situated on the same tract or
  327  plot of land that is not separated by a public street or
  328  highway.
  329         (11)(8) “Temporary food service event” means any event of
  330  30 days or less in duration where food is prepared, served, or
  331  sold to the general public.
  332         (12)(9) “Theme park or entertainment complex” means a
  333  complex consisting comprised of at least 25 contiguous acres
  334  owned and controlled by the same business entity and which
  335  contains permanent exhibitions and a variety of recreational
  336  activities and has a minimum of 1 million visitors annually.
  337         (13)(10) “Third-party provider” means, for purposes of s.
  338  509.049, any provider of an approved food safety training
  339  program that provides training or such a training program to a
  340  public food service establishment that is not under common
  341  ownership or control with the provider.
  342         (11)“Transient establishment” means any public lodging
  343  establishment that is rented or leased to guests by an operator
  344  whose intention is that such guests’ occupancy will be
  345  temporary.
  346         (14)(12) “Transient occupancy” means any occupancy in which
  347  when it is the intention of the parties that the operator
  348  prohibits the guest from using the occupied lodging as the
  349  guest’s sole residence, as stated in the written rental
  350  agreement occupancy will be temporary. If the written rental
  351  agreement does not contain such a provision or no written rental
  352  agreement exists, there is a rebuttable presumption that, when
  353  the occupied lodging dwelling unit occupied is not the sole
  354  residence of the guest, the occupancy is transient.
  355         (13)“Transient” means a guest in transient occupancy.
  356         (14)“Nontransient establishment” means any public lodging
  357  establishment that is rented or leased to guests by an operator
  358  whose intention is that the dwelling unit occupied will be the
  359  sole residence of the guest.
  360         (6)(15) “Nontransient occupancy” means any occupancy in
  361  which when it is the intention of the parties that such the
  362  occupancy will not be temporary. If a written rental agreement
  363  between the parties states that the operator permits the guest
  364  to use the occupied lodging as the guest’s sole residence and if
  365  such agreement is for a term greater than 30 days, there is a
  366  rebuttable presumption that the occupancy is nontransient. If
  367  the written rental agreement does not contain such provisions,
  368  or no written rental agreement exists, there is a rebuttable
  369  presumption that, when the occupied lodging dwelling unit
  370  occupied is the sole residence of the guest, the occupancy is
  371  nontransient.
  372         (16)“Nontransient” means a guest in nontransient
  373  occupancy.
  374         Section 3. Paragraph (a) of subsection (2) and paragraph
  375  (c) of subsection (3) of section 509.032, Florida Statutes, are
  376  amended to read:
  377         509.032 Duties.—
  378         (2) INSPECTION OF PREMISES.—
  379         (a) The division has jurisdiction and is responsible for
  380  all inspections required by this chapter. The division is
  381  responsible for quality assurance. Beyond the specific
  382  inspection frequencies provided for in this paragraph, each
  383  establishment licensed by the division shall be inspected at
  384  such other times as the division determines is necessary to
  385  ensure the public health, safety, and welfare.
  386         1. The division shall inspect each licensed public lodging
  387  establishment, including commercial vacation rentals, at least
  388  biannually, except for transient and nontransient apartments,
  389  which shall be inspected at least annually. Each establishment
  390  licensed by the division shall be inspected at such other times
  391  as the division determines is necessary to ensure the public’s
  392  health, safety, and welfare. The division shall adopt by rule a
  393  risk-based inspection frequency for each licensed public food
  394  service establishment. The rule must require at least one, but
  395  not more than four, routine inspections that must be performed
  396  annually, and may include guidelines that consider the
  397  inspection and compliance history of a public food service
  398  establishment, the type of food and food preparation, and the
  399  type of service. The division shall reassess the inspection
  400  frequency of all licensed public food service establishments at
  401  least annually. Public lodging units classified as vacation
  402  rentals or timeshare projects, except commercial vacation
  403  rentals, are not subject to this requirement but must shall be
  404  made available to the division upon request. If, during the
  405  inspection of a public lodging establishment classified for
  406  renting to transient or nontransient tenants, an inspector
  407  identifies vulnerable adults who appear to be victims of
  408  neglect, as defined in s. 415.102, or, in the case of a building
  409  that is not equipped with automatic sprinkler systems, tenants
  410  or clients who may be unable to self-preserve in an emergency,
  411  the division shall convene meetings with the following agencies
  412  as appropriate to the individual situation: the Department of
  413  Health, the Department of Elderly Affairs, the area agency on
  414  aging, the local fire marshal, the landlord and affected tenants
  415  and clients, and other relevant organizations, to develop a plan
  416  that improves the prospects for safety of affected residents
  417  and, if necessary, identifies alternative living arrangements
  418  such as facilities licensed under part II of chapter 400 or
  419  under chapter 429.
  420         2.The division shall adopt by rule a risk-based inspection
  421  frequency for each licensed public food service establishment.
  422  The rule must require at least one, but not more than four,
  423  routine inspections that must be performed annually, and may
  424  include guidelines that consider the inspection and compliance
  425  history of a public food service establishment, the type of food
  426  and food preparation, and the type of service. The division
  427  shall reassess the inspection frequency of all licensed public
  428  food service establishments at least annually.
  429         (3) SANITARY STANDARDS; EMERGENCIES; TEMPORARY FOOD SERVICE
  430  EVENTS.—The division shall:
  431         (c) Administer a public notification process for temporary
  432  food service events and distribute educational materials that
  433  address safe food storage, preparation, and service procedures.
  434         1. Sponsors of temporary food service events shall notify
  435  the division not less than 3 days before the scheduled event of
  436  the type of food service proposed, the time and location of the
  437  event, a complete list of food service vendors participating in
  438  the event, the number of individual food service facilities each
  439  vendor will operate at the event, and the identification number
  440  of each food service vendor’s current license as a public food
  441  service establishment or temporary food service event licensee.
  442  Notification may be completed orally, by telephone, in person,
  443  or in writing. A public food service establishment or food
  444  service vendor may not use this notification process to
  445  circumvent the license requirements of this chapter.
  446         2. The division shall keep a record of all notifications
  447  received for proposed temporary food service events and shall
  448  provide appropriate educational materials to the event sponsors
  449  and notify the event sponsors of the availability of the food
  450  recovery brochure developed under s. 595.420.
  451         3.a. Unless excluded under s. 509.013(8)(b) s.
  452  509.013(5)(b), a public food service establishment or other food
  453  service vendor must obtain one of the following classes of
  454  license from the division: an individual license, for a fee of
  455  no more than $105, for each temporary food service event in
  456  which it participates; or an annual license, for a fee of no
  457  more than $1,000, that entitles the licensee to participate in
  458  an unlimited number of food service events during the license
  459  period. The division shall establish license fees, by rule, and
  460  may limit the number of food service facilities a licensee may
  461  operate at a particular temporary food service event under a
  462  single license.
  463         b. Public food service establishments holding current
  464  licenses from the division may operate under the regulations of
  465  such a license at temporary food service events.
  466         Section 4. Effective upon this act becoming a law,
  467  paragraph (b) of subsection (7) of section 509.032, Florida
  468  Statutes, is amended to read:
  469         509.032 Duties.—
  470         (7) PREEMPTION AUTHORITY.—
  471         (b)1. A local law, ordinance, or regulation may not
  472  prohibit vacation rentals or regulate the duration or frequency
  473  of rental of vacation rentals. However, a local government may
  474  regulate activities:
  475         a.That arise when a property is used as a vacation rental,
  476  provided such regulation applies uniformly to all residential
  477  properties without regard to whether the property is used as a
  478  vacation rental as defined in s. 509.242 or long-term rental
  479  subject to part II of chapter 83 or whether a property owner
  480  chooses not to rent the property.
  481         b.In single-family residences in which the owner does not
  482  personally occupy at least a portion of the residence where
  483  vacation rental activities are occurring.
  484         2.A vacation rental owner shall submit to the local
  485  jurisdiction a copy of the vacation rental license required
  486  under chapter 509, a copy of the certificate of registration
  487  required under s. 212.18, and the owner’s emergency contact
  488  information. The submission of such documents and information is
  489  for informational purposes only. The local jurisdiction may not
  490  assess a fee for the submission.
  491         3. This paragraph does not apply to any local law,
  492  ordinance, or regulation adopted on or before June 1, 2011,
  493  including when such law, ordinance, or regulation is being
  494  amended to be less restrictive.
  495         Section 5. Section 509.034, Florida Statutes, is amended to
  496  read:
  497         509.034 Application.—Sections 509.141-509.162 and 509.401
  498  509.417 apply only to guests in transient occupancy in a
  499  licensed public lodging establishment transients only. This
  500  chapter may not be used to circumvent the procedural
  501  requirements of the Florida Residential Landlord and Tenant Act.
  502         Section 6. Subsection (2) of section 509.101, Florida
  503  Statutes, is amended to read:
  504         509.101 Establishment rules; posting of notice; food
  505  service inspection report; maintenance of guest register; mobile
  506  food dispensing vehicle registry.—
  507         (2) It is the duty of each operator of a transient public
  508  lodging establishment to maintain at all times a register,
  509  signed by or for guests who occupy rental units within the
  510  establishment, showing the dates upon which the rental units
  511  were occupied by such guests and the rates charged for their
  512  occupancy. This register shall be maintained in chronological
  513  order and available for inspection by the division at any time.
  514  Operators need not make available registers which are more than
  515  2 years old.
  516         Section 7. Subsections (2), (3), and (4) of section
  517  509.141, Florida Statutes, are amended to read:
  518         509.141 Refusal of admission and ejection of undesirable
  519  guests; notice; procedure; penalties for refusal to leave.—
  520         (2) The operator of any public lodging establishment or
  521  public food service establishment shall notify such guest that
  522  the establishment no longer desires to entertain the guest and
  523  shall request that such guest immediately depart from the
  524  establishment. Such notice may be given orally or in writing.
  525  The notice shall be effective upon the operator’s delivery of
  526  the notice, whether in person, via a telephonic or electronic
  527  communications medium using the contact information provided by
  528  the guest, or, with respect to a public lodging establishment,
  529  upon delivery to the guest’s lodging unit. If the notice is in
  530  writing, it shall be as follows:
  531  
  532         “You are hereby notified that this establishment no longer
  533  desires to entertain you as its guest, and you are requested to
  534  leave at once. To remain after receipt of this notice is a
  535  misdemeanor under the laws of this state.”
  536  
  537  If such guest has paid in advance, the establishment shall, at
  538  the time such notice is given, tender to such guest the unused
  539  portion of the advance payment; however, the establishment may
  540  withhold payment for each full day that the guest has been
  541  entertained at the establishment for any portion of the 24-hour
  542  period of such day.
  543         (3) Any guest who remains or attempts to remain in any such
  544  establishment after the operator’s request to depart pursuant to
  545  subsection (2) being requested to leave is guilty of a
  546  misdemeanor of the second degree, punishable as provided in s.
  547  775.082 or s. 775.083.
  548         (4) If any guest person is illegally remains on the
  549  premises of any public lodging establishment or public food
  550  service establishment after the operator’s request to depart
  551  pursuant to subsection (2), the operator of such establishment
  552  may call upon any law enforcement officer of this state for
  553  assistance. It is the duty of such law enforcement officer, upon
  554  the request of such operator, to place under arrest and take
  555  into custody for violation of this section any guest who
  556  violates subsection (3) in the presence of the officer. If a
  557  warrant has been issued by the proper judicial officer for the
  558  arrest of any violator of subsection (3), the officer shall
  559  serve the warrant, arrest the person, and take the person into
  560  custody. Upon arrest, with or without warrant, the guest will be
  561  deemed to have given up any right to occupancy or to have
  562  abandoned such right of occupancy of the premises, and the
  563  operator of the establishment may then make such premises
  564  available to other guests. However, the operator of the
  565  establishment shall employ all reasonable and proper means to
  566  care for any personal property which may be left on the premises
  567  by such guest and shall refund any unused portion of moneys paid
  568  by such guest for the occupancy of such premises.
  569         Section 8. Subsection (1) of section 509.151, Florida
  570  Statutes, is amended to read:
  571         509.151 Obtaining food or lodging with intent to defraud;
  572  penalty.—
  573         (1) Any person who obtains food, lodging, or other
  574  accommodations having a value of less than $300 at any public
  575  food service establishment, or at any transient public lodging
  576  establishment, with intent to defraud the operator thereof, is
  577  guilty of a misdemeanor of the second degree, punishable as
  578  provided in s. 775.082 or s. 775.083; if such food, lodging, or
  579  other accommodations have a value of $300 or more, such person
  580  is guilty of a felony of the third degree, punishable as
  581  provided in s. 775.082, s. 775.083, or s. 775.084.
  582         Section 9. Paragraphs (b) and (c) of subsection (2) and
  583  subsections (6) and (9) of section 509.221, Florida Statutes,
  584  are amended to read:
  585         509.221 Sanitary regulations.—
  586         (2)
  587         (b) Within a theme park or an entertainment complex as
  588  defined in s. 509.013(12) s. 509.013(9), the bathrooms are not
  589  required to be in the same building as the public food service
  590  establishment, so long as they are reasonably accessible.
  591         (c) Each transient public lodging establishment that does
  592  not provide private or connecting bathrooms shall maintain one
  593  public bathroom on each floor for every 15 guests, or major
  594  fraction of that number, rooming on that floor.
  595         (6) Each transient public lodging establishment shall
  596  provide each bed, bunk, cot, or other sleeping place for the use
  597  of guests with clean pillowslips and under and top sheets.
  598  Sheets and pillowslips shall be laundered before they are used
  599  by another guest, a clean set being furnished each succeeding
  600  guest. All bedding, including mattresses, quilts, blankets,
  601  pillows, sheets, and comforters, shall be thoroughly aired,
  602  disinfected, and kept clean. Bedding, including mattresses,
  603  quilts, blankets, pillows, sheets, or comforters, may not be
  604  used if they are worn out or unfit for further use.
  605         (9) Subsections (2), (5), and (6) do not apply to any
  606  facility or unit classified as a vacation rental, nontransient
  607  apartment, or timeshare project as described in s.
  608  509.242(1)(c), (d), and (g). Subsections (2), (5), and (6) shall
  609  apply, however, to any commercial vacation rental.
  610         Section 10. Subsections (1) and (3) of section 509.241,
  611  Florida Statutes, are amended to read:
  612         509.241 Licenses required; exceptions.—
  613         (1) LICENSES; ANNUAL RENEWALS.— Each public lodging
  614  establishment and public food service establishment shall obtain
  615  a license from the division. Such license may not be transferred
  616  from one place or individual to another. It shall be a
  617  misdemeanor of the second degree, punishable as provided in s.
  618  775.082 or s. 775.083, for such an establishment to operate
  619  without a license. Local law enforcement shall provide immediate
  620  assistance in pursuing an illegally operating establishment. The
  621  division may refuse a license, or a renewal thereof, to any
  622  establishment that is not constructed and maintained in
  623  accordance with law and with the rules of the division. The
  624  division may refuse to issue a license, or a renewal thereof, to
  625  any establishment an operator of which, within the preceding 5
  626  years, has been adjudicated guilty of, or has forfeited a bond
  627  when charged with, any crime reflecting on professional
  628  character, including soliciting for prostitution, pandering,
  629  letting premises for prostitution, keeping a disorderly place,
  630  or illegally dealing in controlled substances as defined in
  631  chapter 893, whether in this state or in any other jurisdiction
  632  within the United States, or has had a license denied, revoked,
  633  or suspended pursuant to s. 429.14. The division may refuse to
  634  issue, refuse to renew, suspend, or revoke the license of any
  635  public lodging establishment that is the subject of a final
  636  order from a local government directing the public lodging
  637  establishment to cease operations due to violation of a local
  638  ordinance. Licenses shall be renewed annually, and the division
  639  shall adopt a rule establishing a staggered schedule for license
  640  renewals. If any license expires while administrative charges
  641  are pending against the license, the proceedings against the
  642  license shall continue to conclusion as if the license were
  643  still in effect.
  644         (3) DISPLAY OF LICENSE.— Any license issued by the division
  645  shall be conspicuously displayed in the office or lobby of the
  646  licensed establishment. Public food service establishments that
  647  which offer catering services shall display their license number
  648  on all advertising for catering services. A vacation rental
  649  operator shall display the vacation rental’s license number in
  650  all rental listings or advertisements, and, if the operator is
  651  offering for rent the whole or any portion of a unit or dwelling
  652  through the rental listing or advertisement, the operator shall
  653  also display the physical address of the property, including any
  654  unit designation.
  655         Section 11. Paragraphs (c) and (d) of subsection (1) of
  656  section 509.242, Florida Statutes, are amended to read:
  657         509.242 Public lodging establishments; classifications.—
  658         (1) A public lodging establishment shall be classified as a
  659  hotel, motel, nontransient apartment, transient apartment, bed
  660  and breakfast inn, timeshare project, or vacation rental if the
  661  establishment satisfies the following criteria:
  662         (c) Vacation rental.—A vacation rental is the whole or any
  663  part of a any unit or group of units in a condominium or
  664  cooperative or in an any individually or collectively owned
  665  single-family, two-family, three-family, or four-family house or
  666  dwelling unit that is also a transient public lodging
  667  establishment but that is not a timeshare project. The division
  668  may require by rule that applicants and licensees provide all
  669  information necessary to determine common ownership, control, or
  670  management of vacation rentals.
  671         (d) Nontransient apartment.—A nontransient apartment is a
  672  building or complex of buildings in which 75 percent or more of
  673  the units are advertised or held out to the public as are
  674  available for rent to nontransient occupancy tenants.
  675         Section 12. Section 509.243, Florida Statutes, is created
  676  to read:
  677         509.243 Hosting platforms for transient public lodging
  678  establishments.—
  679         (1)The operator of a transient public lodging
  680  establishment located in this state may not advertise or list
  681  its rental properties with a hosting platform unless the hosting
  682  platform is registered with the division pursuant to this
  683  section.
  684         (2)A hosting platform may not advertise for rent,
  685  facilitate a guest’s reservation, or collect payments for the
  686  reservation or rental of a public lodging establishment that is
  687  not licensed by the division as required by s. 509.241.
  688         (3)A person may not operate as a hosting platform for
  689  transient public lodging establishments located in this state
  690  unless registered with the division pursuant to this section.
  691  The division will issue a registration to each person who meets
  692  the requirements of this section and who pays the required
  693  registration fee, to be deposited into the Hotel and Restaurant
  694  Trust Fund. The division shall adopt by rule a schedule of fees
  695  to be paid by each hosting platform as a prerequisite to
  696  issuance or renewal of a registration. Such fees shall be based
  697  upon the number of transient public lodging establishments
  698  served by the hosting platform. The aggregate annual
  699  registration fee per hosting platform may not exceed $1,000.
  700         (4)A hosting platform must designate and maintain on file
  701  with the division an agent for service of process in this state.
  702  If the registered agent cannot, with reasonable diligence, be
  703  located, or if the hosting platform fails to designate or
  704  maintain a registered agent in this state, the director of the
  705  division will be deemed an agent of the hosting platform for
  706  purposes of accepting service of any process, notice, or demand.
  707         (5)A hosting platform may collect and remit state and
  708  local taxes on behalf of the operators of the public lodging
  709  establishments which it serves.
  710         (6)A hosting platform must maintain records, in accordance
  711  with rules adopted by the division, listing each transient
  712  public lodging establishment that it serves, the name of the
  713  operator, the transient public lodging establishment’s license
  714  number and physical address, including any unit designation, and
  715  the applicable certificate of registration number under s.
  716  212.18. For each transient public lodging establishment, these
  717  records must also detail each period of rental reserved through
  718  the hosting platform and the itemized amounts collected from the
  719  guest by the hosting platform for the rental, taxes, and all
  720  other charges. These records must be maintained by the hosting
  721  platform for a period of 3 years and must be transmitted to the
  722  division every 3 months in an electronic format, in accordance
  723  with rules adopted by the division. The division shall audit
  724  such records at least annually to enforce compliance with this
  725  chapter. The division may share such records with the Department
  726  of Revenue and any county that administers a tax imposed under
  727  chapter 125 or chapter 212 for purposes of enforcing compliance
  728  with those chapters.
  729         (7)A hosting platform that has operated or is operating in
  730  violation of this section or the rules of the division may be
  731  subject by the division to fines not to exceed $1,000 per
  732  offense and to suspension, revocation, or refusal of a
  733  registration issued pursuant to this section.
  734         Section 13. Section 509.4005, Florida Statutes, is amended
  735  to read:
  736         509.4005 Applicability of ss. 509.401-509.417.—Sections
  737  509.401-509.417 apply only to guests in transient occupancy in a
  738  licensed public lodging establishment.
  739         Section 14. (1)The Department of Revenue, and any county
  740  that administers a tax imposed under chapter 125 or chapter 212,
  741  Florida Statutes, shall provide an amnesty program for unpaid
  742  taxes, penalties, and interest for persons who engage in
  743  leasing, renting, letting, or granting licenses to use a
  744  vacation rental, as defined in s. 509.242, Florida Statutes,
  745  subject to all of the following conditions:
  746         (a)A customer’s payment for the vacation rental must have
  747  been made before October 1, 2018.
  748         (b)By October 1, 2018, the person who collects rental
  749  payments must be registered with the department to collect taxes
  750  on vacation rentals.
  751         (c)By October 1, 2018, the person who collects rental
  752  payments must apply for amnesty pursuant to rules adopted by the
  753  department.
  754         (d)The owners, operators, or managers of the vacation
  755  rental must have collected the rental payments.
  756         (e)Taxes may not have been collected from any customer to
  757  occupy a vacation rental.
  758         (2)The amnesty program is not available for taxes,
  759  penalties, or interest assessed if the assessment is final and
  760  has not been timely challenged, or for any taxes, penalties, or
  761  interest that have been paid to the department, unless the
  762  payment is the subject of an assessment that is not final or
  763  that has been timely challenged.
  764         (3)The department may adopt emergency rules under ss.
  765  120.536(1) and 120.54(4), Florida Statutes, to implement the
  766  amnesty program. Such rules may provide forms, procedures,
  767  terms, conditions, and methods of payment appropriate for the
  768  fair and effective administration of the amnesty program and
  769  that ensure taxpayers’ ongoing commitment to proper collection
  770  and remittance of taxes. Notwithstanding any other law, the
  771  emergency rules remain in effect until 6 months after their
  772  adoption or the date all amnesty application files are resolved
  773  pursuant to this section, whichever is later.
  774         Section 15. Subsection (12) of section 159.27, Florida
  775  Statutes, is amended to read:
  776         159.27 Definitions.—The following words and terms, unless
  777  the context clearly indicates a different meaning, shall have
  778  the following meanings:
  779         (12) “Public lodging or restaurant facility” means property
  780  used for any public lodging establishment as defined in s.
  781  509.242 or public food service establishment as defined in s.
  782  509.013 s. 509.013(5) if it is part of the complex of, or
  783  necessary to, another facility qualifying under this part.
  784         Section 16. Paragraph (jj) of subsection (7) of section
  785  212.08, Florida Statutes, is amended to read:
  786         212.08 Sales, rental, use, consumption, distribution, and
  787  storage tax; specified exemptions.—The sale at retail, the
  788  rental, the use, the consumption, the distribution, and the
  789  storage to be used or consumed in this state of the following
  790  are hereby specifically exempt from the tax imposed by this
  791  chapter.
  792         (7) MISCELLANEOUS EXEMPTIONS.—Exemptions provided to any
  793  entity by this chapter do not inure to any transaction that is
  794  otherwise taxable under this chapter when payment is made by a
  795  representative or employee of the entity by any means,
  796  including, but not limited to, cash, check, or credit card, even
  797  when that representative or employee is subsequently reimbursed
  798  by the entity. In addition, exemptions provided to any entity by
  799  this subsection do not inure to any transaction that is
  800  otherwise taxable under this chapter unless the entity has
  801  obtained a sales tax exemption certificate from the department
  802  or the entity obtains or provides other documentation as
  803  required by the department. Eligible purchases or leases made
  804  with such a certificate must be in strict compliance with this
  805  subsection and departmental rules, and any person who makes an
  806  exempt purchase with a certificate that is not in strict
  807  compliance with this subsection and the rules is liable for and
  808  shall pay the tax. The department may adopt rules to administer
  809  this subsection.
  810         (jj) Complimentary meals.—Also exempt from the tax imposed
  811  by this chapter are food or drinks that are furnished as part of
  812  a packaged room rate by any person offering for rent or lease
  813  any transient living accommodations as described in s.
  814  509.013(9)(a) s. 509.013(4)(a) which are licensed under part I
  815  of chapter 509 and which are subject to the tax under s. 212.03,
  816  if a separate charge or specific amount for the food or drinks
  817  is not shown. Such food or drinks are considered to be sold at
  818  retail as part of the total charge for the transient living
  819  accommodations. Moreover, the person offering the accommodations
  820  is not considered to be the consumer of items purchased in
  821  furnishing such food or drinks and may purchase those items
  822  under conditions of a sale for resale.
  823         Section 17. Paragraph (b) of subsection (4) of section
  824  316.1955, Florida Statutes, is amended to read:
  825         316.1955 Enforcement of parking requirements for persons
  826  who have disabilities.—
  827         (4)
  828         (b) Notwithstanding paragraph (a), a theme park or an
  829  entertainment complex as defined in s. 509.013 s. 509.013(9)
  830  which provides parking in designated areas for persons who have
  831  disabilities may allow any vehicle that is transporting a person
  832  who has a disability to remain parked in a space reserved for
  833  persons who have disabilities throughout the period the theme
  834  park is open to the public for that day.
  835         Section 18. Subsection (5) of section 404.056, Florida
  836  Statutes, is amended to read:
  837         404.056 Environmental radiation standards and projects;
  838  certification of persons performing measurement or mitigation
  839  services; mandatory testing; notification on real estate
  840  documents; rules.—
  841         (5) NOTIFICATION ON REAL ESTATE DOCUMENTS.—Notification
  842  shall be provided on at least one document, form, or application
  843  executed at the time of, or prior to, contract for sale and
  844  purchase of any building or execution of a rental agreement for
  845  any building. Such notification shall contain the following
  846  language:
  847  
  848         “RADON GAS: Radon is a naturally occurring radioactive gas
  849  that, when it has accumulated in a building in sufficient
  850  quantities, may present health risks to persons who are exposed
  851  to it over time. Levels of radon that exceed federal and state
  852  guidelines have been found in buildings in Florida. Additional
  853  information regarding radon and radon testing may be obtained
  854  from your county health department.”
  855  
  856  The requirements of this subsection do not apply to any
  857  residential transient occupancy, as described in s. 509.013(14)
  858  s. 509.013(12), provided that such occupancy is 45 days or less
  859  in duration.
  860         Section 19. Subsection (6) of section 477.0135, Florida
  861  Statutes, is amended to read:
  862         477.0135 Exemptions.—
  863         (6) A license is not required of any individual providing
  864  makeup or special effects services in a theme park or an
  865  entertainment complex to an actor, stunt person, musician,
  866  extra, or other talent, or providing makeup or special effects
  867  services to the general public. The terms term “theme park or
  868  entertainment complex” have has the same meaning as in s.
  869  509.013 s. 509.013(9).
  870         Section 20. Paragraph (b) of subsection (5) of section
  871  553.5041, Florida Statutes, is amended to read:
  872         553.5041 Parking spaces for persons who have disabilities.—
  873         (5) Accessible perpendicular and diagonal accessible
  874  parking spaces and loading zones must be designed and located to
  875  conform to ss. 502 and 503 of the standards.
  876         (b) If there are multiple entrances or multiple retail
  877  stores, the parking spaces must be dispersed to provide parking
  878  at the nearest accessible entrance. If a theme park or an
  879  entertainment complex as defined in s. 509.013 s. 509.013(9)
  880  provides parking in several lots or areas from which access to
  881  the theme park or entertainment complex is provided, a single
  882  lot or area may be designated for parking by persons who have
  883  disabilities, if the lot or area is located on the shortest
  884  accessible route to an accessible entrance to the theme park or
  885  entertainment complex or to transportation to such an accessible
  886  entrance.
  887         Section 21. Section 717.1355, Florida Statutes, is amended
  888  to read:
  889         717.1355 Theme park and entertainment complex tickets.—This
  890  chapter does not apply to any tickets for admission to a theme
  891  park or an entertainment complex as defined in s. 509.013 s.
  892  509.013(9), or to any tickets to a permanent exhibition or
  893  recreational activity within such theme park or entertainment
  894  complex.
  895         Section 22. Subsection (8) of section 877.24, Florida
  896  Statutes, is amended to read:
  897         877.24 Nonapplication of s. 877.22.—Section 877.22 does not
  898  apply to a minor who is:
  899         (8) Attending an organized event held at and sponsored by a
  900  theme park or an entertainment complex as defined in s. 509.013
  901  s. 509.013(9).
  902         Section 23. Except as otherwise expressly provided in this
  903  act and except for this section, which shall take effect upon
  904  this act becoming a law, this act shall take effect October 1,
  905  2018.