Florida Senate - 2024                              CS for SB 280
       
       
        
       By the Committee on Fiscal Policy; and Senator DiCeglie
       
       
       
       
       
       594-02244-24                                           2024280c1
    1                        A bill to be entitled                      
    2         An act relating to vacation rentals; amending s.
    3         212.03, F.S.; requiring advertising platforms to
    4         collect and remit specified taxes for certain vacation
    5         rental transactions; reordering and amending s.
    6         509.013, F.S.; defining the term “advertising
    7         platform”; making technical changes; amending s.
    8         509.032, F.S.; adding licensing to the regulated
    9         activities of public lodging establishments and public
   10         food service establishments which are preempted to the
   11         state; providing applicability; revising an exception
   12         to the prohibition against certain local regulation of
   13         vacation rentals; providing applicability; preempting
   14         the regulation of advertising platforms to the state;
   15         authorizing the adoption of local laws, ordinances, or
   16         regulations that require the registration of vacation
   17         rentals; authorizing local governments to adopt
   18         vacation rental registration programs and impose fines
   19         for failure to register; authorizing local governments
   20         to charge a reasonable fee for processing registration
   21         applications; authorizing local laws, ordinances, or
   22         regulations to require annual renewal of a
   23         registration and to charge a reasonable fee for such
   24         renewal; providing that a change in ownership may
   25         require a new application for registration;
   26         authorizing local governments to charge a reasonable
   27         fee to inspect a vacation rental for a specified
   28         purpose; specifying requirements and procedures for,
   29         and limitations on, local vacation rental registration
   30         programs; authorizing local governments to fine
   31         vacation rental operators under certain circumstances;
   32         specifying procedures related to the imposition of
   33         fines; providing applicability relating to certain
   34         money judgment provisions; requiring local governments
   35         to issue a written notice of violation under certain
   36         circumstances; requiring the code enforcement board or
   37         special magistrate to make certain recommendations
   38         under specified circumstances; authorizing local
   39         governments to suspend a vacation rental registration
   40         for specified periods of time; prohibiting local
   41         governments from suspending a vacation rental
   42         registration for violations that are not directly
   43         related to the vacation rental premises; requiring
   44         local governments to provide notice of registration
   45         suspension, within a specified timeframe, to vacation
   46         rental operators and the Division of Hotels and
   47         Restaurants of the Department of Business and
   48         Professional Regulation; providing requirements for
   49         such notice; requiring, by a certain date, that local
   50         governments use the vacation rental information system
   51         to provide such notice to the division; providing that
   52         local governments may revoke or refuse to renew a
   53         vacation rental registration under certain
   54         circumstances; requiring local governments to provide
   55         notice of revocation of or refusal to renew a vacation
   56         rental registration to vacation rental operators and
   57         the division within a specified timeframe; requiring,
   58         by a certain date, local governments to use the
   59         vacation rental information system to provide such
   60         notice to the division; providing that vacation rental
   61         operators may appeal a denial, suspension, or
   62         revocation of, or a refusal to renew, the registration
   63         of a vacation rental; providing procedures for such
   64         appeal; providing construction; amending s. 509.241,
   65         F.S.; authorizing the division to issue temporary
   66         licenses upon receipt of vacation rental license
   67         applications while such applications are pending;
   68         providing for expiration of such licenses; requiring
   69         that any license issued by the division be
   70         conspicuously displayed to the public inside the
   71         licensed establishment; requiring that a vacation
   72         rental’s registration number, if applicable, be
   73         conspicuously displayed inside the vacation rental;
   74         requiring vacation rental operators managing a license
   75         classified as a vacation rental to submit local
   76         vacation rental registration numbers, if applicable,
   77         within a specified timeframe to the division through
   78         the division’s online system; requiring the division
   79         to assign a unique identifier on each vacation rental
   80         license which identifies each individual vacation
   81         rental dwelling or unit; creating s. 509.243, F.S.;
   82         requiring advertising platforms to require that
   83         persons placing advertisements or listings for
   84         vacation rentals include certain information in the
   85         advertisements or listings and attest to certain
   86         information; requiring advertising platforms to
   87         display certain information; requiring, as of a
   88         specified date, advertising platforms to verify
   89         certain information before publishing an advertisement
   90         or listing on their platforms, prohibit and remove
   91         from public view an advertisement or a listing under
   92         certain circumstances, and make certain notifications
   93         to the division; requiring advertising platforms to
   94         collect and remit specified taxes for certain
   95         transactions; authorizing the division to issue and
   96         deliver a notice to cease and desist for certain
   97         violations; providing that such notice does not
   98         constitute agency action for which certain hearings
   99         may be sought; authorizing the division to issue cease
  100         and desist notices in certain circumstances; providing
  101         that issuance of such notice does not constitute an
  102         agency action; authorizing the division to file
  103         certain proceedings for the purpose of enforcing a
  104         cease and desist notice; authorizing the division to
  105         collect attorney fees and costs under certain
  106         circumstances; authorizing the division to impose a
  107         fine on advertising platforms for certain violations;
  108         requiring the division to issue written notice of
  109         violations to advertising platforms before commencing
  110         certain legal proceedings; requiring advertising
  111         platforms to adopt an antidiscrimination policy and to
  112         inform their users of the policy’s provisions;
  113         providing construction; creating s. 509.244, F.S.;
  114         defining the term “application program interface”;
  115         requiring the division, by a specified date, to create
  116         and maintain a certain vacation rental information
  117         system; specifying requirements for the system;
  118         amending s. 509.261, F.S.; authorizing the division to
  119         revoke, refuse to issue or renew, or suspend vacation
  120         rental licenses under certain circumstances; requiring
  121         the division to specify the number of the license
  122         number of the vacation rental dwelling or unit which
  123         has been revoked, not renewed, or suspended; requiring
  124         the department to input such status in the vacation
  125         rental information system; requiring that the
  126         division’s vacation rental license suspension run
  127         concurrently with a local vacation rental registration
  128         suspension; amending ss. 159.27, 212.08, 316.1955,
  129         404.056, 477.0135, 509.221, 553.5041, 559.955, 561.20,
  130         705.17, 705.185, 717.1355, and 877.24, F.S.;
  131         conforming cross-references; providing construction;
  132         authorizing the Department of Revenue to adopt
  133         emergency rules; providing requirements and an
  134         expiration date for the emergency rules; providing for
  135         the expiration of such rulemaking authority; providing
  136         an appropriation; providing effective dates.
  137          
  138  Be It Enacted by the Legislature of the State of Florida:
  139  
  140         Section 1. Effective January 1, 2025, subsection (2) of
  141  section 212.03, Florida Statutes, is amended to read:
  142         212.03 Transient rentals tax; rate, procedure, enforcement,
  143  exemptions.—
  144         (2)(a) The tax provided for in this section is herein shall
  145  be in addition to the total amount of the rental, must shall be
  146  charged by the lessor or person receiving the rent in and by
  147  said rental arrangement to the lessee or person paying the
  148  rental, and is shall be due and payable at the time of the
  149  receipt of such rental payment by the lessor or person, as
  150  defined in this chapter, who receives such said rental or
  151  payment. The owner, lessor, or person receiving the rent shall
  152  remit the tax to the department at the times and in the manner
  153  hereinafter provided for dealers to remit taxes under this
  154  chapter. The same duties imposed by this chapter upon dealers in
  155  tangible personal property respecting the collection and
  156  remission of the tax; the making of returns; the keeping of
  157  books, records, and accounts; and the compliance with the rules
  158  and regulations of the department in the administration of this
  159  chapter shall apply to and are be binding upon all persons who
  160  manage or operate hotels, apartment houses, roominghouses,
  161  tourist and trailer camps, and the rental of condominium units,
  162  and to all persons who collect or receive such rents on behalf
  163  of such owner or lessor taxable under this chapter.
  164         (b)If a guest uses a payment system on or through an
  165  advertising platform as defined in s. 509.013 to pay for the
  166  rental of a vacation rental located in this state, the
  167  advertising platform must collect and remit taxes as provided in
  168  this paragraph.
  169         1.An advertising platform that owns, operates, or manages
  170  a vacation rental or that is related within the meaning of s.
  171  267(b), s. 707(b), or s. 1504 of the Internal Revenue Code of
  172  1986, as amended, to a person who owns, operates, or manages the
  173  vacation rental shall collect and remit all taxes due under this
  174  section and ss. 125.0104, 125.0108, 205.044, 212.0305, and
  175  212.055 which are related to the rental.
  176         2.An advertising platform to which subparagraph 1. does
  177  not apply shall collect and remit all taxes due from the owner,
  178  operator, or manager under this section and ss. 125.0104,
  179  125.0108, 205.044, 212.0305, and 212.055 which are related to
  180  the rental. Of the total amount paid by the lessee or rentee,
  181  the amount retained by the advertising platform for reservation
  182  or payment services is not taxable under this section or ss.
  183  125.0104, 125.0108, 205.044, 212.0305, and 212.055.
  184  
  185  In order to facilitate the remittance of such taxes, the
  186  department and counties that have elected to self-administer the
  187  taxes imposed under chapter 125 shall allow advertising
  188  platforms to register, collect, and remit such taxes.
  189         Section 2. Section 509.013, Florida Statutes, is reordered
  190  and amended to read:
  191         509.013 Definitions.—As used in this chapter, except as
  192  provided in subsection (14), the term:
  193         (1)“Advertising platform” means a person as defined in s.
  194  1.01(3) which:
  195         (a)Provides an online application, software, a website, or
  196  a system through which a vacation rental located in this state
  197  is advertised or held out to the public as available to rent for
  198  transient occupancy;
  199         (b)Provides or maintains a marketplace for the renting of
  200  a vacation rental for transient occupancy; and
  201         (c)Provides a reservation or payment system that
  202  facilitates a transaction for the renting of a vacation rental
  203  for transient occupancy and for which the person collects or
  204  receives, directly or indirectly, a fee in connection with the
  205  reservation or payment service provided for the rental
  206  transaction.
  207         (3)(1) “Division” means the Division of Hotels and
  208  Restaurants of the Department of Business and Professional
  209  Regulation.
  210         (8)(2) “Operator” means the owner, licensee, proprietor,
  211  lessee, manager, assistant manager, or appointed agent of a
  212  public lodging establishment or public food service
  213  establishment.
  214         (4)(3) “Guest” means any patron, customer, tenant, lodger,
  215  boarder, or occupant of a public lodging establishment or public
  216  food service establishment.
  217         (10)(a)(4)(a) “Public lodging establishment” includes a
  218  transient public lodging establishment as defined in
  219  subparagraph 2. subparagraph 1. and a nontransient public
  220  lodging establishment as defined in subparagraph 1 subparagraph
  221  2.
  222         2.1. “Transient public lodging establishment” means any
  223  unit, group of units, dwelling, building, or group of buildings
  224  within a single complex of buildings which is rented to guests
  225  more than three times in a calendar year for periods of less
  226  than 30 days or 1 calendar month, whichever is less, or which is
  227  advertised or held out to the public as a place regularly rented
  228  to guests.
  229         1.2. “Nontransient public lodging establishment” means any
  230  unit, group of units, dwelling, building, or group of buildings
  231  within a single complex of buildings which is rented to guests
  232  for periods of at least 30 days or 1 calendar month, whichever
  233  is less, or which is advertised or held out to the public as a
  234  place regularly rented to guests for periods of at least 30 days
  235  or 1 calendar month.
  236  
  237  License classifications of public lodging establishments, and
  238  the definitions therefor, are as provided set out in s. 509.242.
  239  For the purpose of licensure, the term does not include
  240  condominium common elements as defined in s. 718.103.
  241         (b) The following are excluded from the definitions in
  242  paragraph (a):
  243         1. Any dormitory or other living or sleeping facility
  244  maintained by a public or private school, college, or university
  245  for the use of students, faculty, or visitors.
  246         2. Any facility certified or licensed and regulated by the
  247  Agency for Health Care Administration or the Department of
  248  Children and Families or other similar place regulated under s.
  249  381.0072.
  250         3. Any place renting four rental units or less, unless the
  251  rental units are advertised or held out to the public to be
  252  places that are regularly rented to transients.
  253         4. Any unit or group of units in a condominium,
  254  cooperative, or timeshare plan and any individually or
  255  collectively owned one-family, two-family, three-family, or
  256  four-family dwelling house or dwelling unit that is rented for
  257  periods of at least 30 days or 1 calendar month, whichever is
  258  less, and that is not advertised or held out to the public as a
  259  place regularly rented for periods of less than 1 calendar
  260  month, provided that no more than four rental units within a
  261  single complex of buildings are available for rent.
  262         5. Any migrant labor camp or residential migrant housing
  263  permitted by the Department of Health under ss. 381.008
  264  381.00895.
  265         6. Any establishment inspected by the Department of Health
  266  and regulated by chapter 513.
  267         7. A facility operated by a nonprofit which provides Any
  268  nonprofit organization that operates a facility providing
  269  housing only to patients, patients’ families, and patients’
  270  caregivers and not to the general public.
  271         8. Any apartment building inspected by the United States
  272  Department of Housing and Urban Development or other entity
  273  acting on the department’s behalf which that is designated
  274  primarily as housing for persons at least 62 years of age. The
  275  division may require the operator of the apartment building to
  276  attest in writing that such building meets the criteria provided
  277  in this subparagraph. The division may adopt rules to implement
  278  this requirement.
  279         9. Any roominghouse, boardinghouse, or other living or
  280  sleeping facility that may not be classified as a hotel, motel,
  281  timeshare project, vacation rental, nontransient apartment, bed
  282  and breakfast inn, or transient apartment under s. 509.242.
  283         (9)(a)(5)(a) “Public food service establishment” means any
  284  building, vehicle, place, or structure, or any room or division
  285  in a building, vehicle, place, or structure where food is
  286  prepared, served, or sold for immediate consumption on or in the
  287  vicinity of the premises; called for or taken out by customers;
  288  or prepared before prior to being delivered to another location
  289  for consumption. The term includes a culinary education program,
  290  as defined in s. 381.0072(2), which offers, prepares, serves, or
  291  sells food to the general public, regardless of whether it is
  292  inspected by another state agency for compliance with sanitation
  293  standards.
  294         (b) The following are excluded from the definition in
  295  paragraph (a):
  296         1. Any place maintained and operated by a public or private
  297  school, college, or university:
  298         a. For the use of students and faculty; or
  299         b. Temporarily, to serve such events as fairs, carnivals,
  300  food contests, cook-offs, and athletic contests.
  301         2. Any eating place maintained and operated by a church or
  302  a religious, nonprofit fraternal, or nonprofit civic
  303  organization:
  304         a. For the use of members and associates; or
  305         b. Temporarily, to serve such events as fairs, carnivals,
  306  food contests, cook-offs, or athletic contests.
  307  
  308  Upon request by the division, a church or a religious, nonprofit
  309  fraternal, or nonprofit civic organization claiming an exclusion
  310  under this subparagraph must provide the division documentation
  311  of its status as a church or a religious, nonprofit fraternal,
  312  or nonprofit civic organization.
  313         3. Any eating place maintained and operated by an
  314  individual or entity at a food contest, cook-off, or a temporary
  315  event lasting from 1 to 3 days which is hosted by a church or a
  316  religious, nonprofit fraternal, or nonprofit civic organization.
  317  Upon request by the division, the event host must provide the
  318  division documentation of its status as a church or a religious,
  319  nonprofit fraternal, or nonprofit civic organization.
  320         4. Any eating place located on an airplane, a train, a bus,
  321  or a watercraft that which is a common carrier.
  322         5. Any eating place maintained by a facility certified or
  323  licensed and regulated by the Agency for Health Care
  324  Administration or the Department of Children and Families or
  325  other similar place that is regulated under s. 381.0072.
  326         6. Any place of business issued a permit or inspected by
  327  the Department of Agriculture and Consumer Services under s.
  328  500.12.
  329         7. Any place of business where the food available for
  330  consumption is limited to ice, beverages with or without
  331  garnishment, popcorn, or prepackaged items sold without
  332  additions or preparation.
  333         8. Any theater, if the primary use is as a theater and if
  334  patron service is limited to food items customarily served to
  335  the admittees of theaters.
  336         9. Any vending machine that dispenses any food or beverages
  337  other than potentially hazardous foods, as defined by division
  338  rule.
  339         10. Any vending machine that dispenses potentially
  340  hazardous food and which is located in a facility regulated
  341  under s. 381.0072.
  342         11. Any research and development test kitchen limited to
  343  the use of employees and which is not open to the general
  344  public.
  345         (2)(6) “Director” means the Director of the Division of
  346  Hotels and Restaurants of the Department of Business and
  347  Professional Regulation.
  348         (11)(7) “Single complex of buildings” means all buildings
  349  or structures that are owned, managed, controlled, or operated
  350  under one business name and are situated on the same tract or
  351  plot of land that is not separated by a public street or
  352  highway.
  353         (12)(8) “Temporary food service event” means any event of
  354  30 days or less in duration where food is prepared, served, or
  355  sold to the general public.
  356         (13)(9) “Theme park or entertainment complex” means a
  357  complex comprised of at least 25 contiguous acres owned and
  358  controlled by the same business entity and which contains
  359  permanent exhibitions and a variety of recreational activities
  360  and has a minimum of 1 million visitors annually.
  361         (14)(10) “Third-party provider” means, for purposes of s.
  362  509.049, any provider of an approved food safety training
  363  program that provides training or such a training program to a
  364  public food service establishment that is not under common
  365  ownership or control with the provider.
  366         (16)(11) “Transient establishment” means any public lodging
  367  establishment that is rented or leased to guests by an operator
  368  whose intention is that such guests’ occupancy will be
  369  temporary.
  370         (17)(12) “Transient occupancy” means occupancy when it is
  371  the intention of the parties that the occupancy will be
  372  temporary. There is a rebuttable presumption that, when the
  373  dwelling unit occupied is not the sole residence of the guest,
  374  the occupancy is transient.
  375         (15)(13) “Transient” means a guest in transient occupancy.
  376         (6)(14) “Nontransient establishment” means any public
  377  lodging establishment that is rented or leased to guests by an
  378  operator whose intention is that the dwelling unit occupied will
  379  be the sole residence of the guest.
  380         (7)(15) “Nontransient occupancy” means occupancy when it is
  381  the intention of the parties that the occupancy will not be
  382  temporary. There is a rebuttable presumption that, when the
  383  dwelling unit occupied is the sole residence of the guest, the
  384  occupancy is nontransient.
  385         (5)(16) “Nontransient” means a guest in nontransient
  386  occupancy.
  387         Section 3. Paragraph (c) of subsection (3) and subsection
  388  (7) of section 509.032, Florida Statutes, are amended, and
  389  subsection (8) is added to that section, to read:
  390         509.032 Duties.—
  391         (3) SANITARY STANDARDS; EMERGENCIES; TEMPORARY FOOD SERVICE
  392  EVENTS.—The division shall:
  393         (c) Administer a public notification process for temporary
  394  food service events and distribute educational materials that
  395  address safe food storage, preparation, and service procedures.
  396         1. Sponsors of temporary food service events shall notify
  397  the division not less than 3 days before the scheduled event of
  398  the type of food service proposed, the time and location of the
  399  event, a complete list of food service vendors participating in
  400  the event, the number of individual food service facilities each
  401  vendor will operate at the event, and the identification number
  402  of each food service vendor’s current license as a public food
  403  service establishment or temporary food service event licensee.
  404  Notification may be completed orally, by telephone, in person,
  405  or in writing. A public food service establishment or food
  406  service vendor may not use this notification process to
  407  circumvent the license requirements of this chapter.
  408         2. The division shall keep a record of all notifications
  409  received for proposed temporary food service events and shall
  410  provide appropriate educational materials to the event sponsors
  411  and notify the event sponsors of the availability of the food
  412  recovery brochure developed under s. 595.420.
  413         3.a. Unless excluded under s. 509.013(9)(b) s.
  414  509.013(5)(b), a public food service establishment or other food
  415  service vendor must obtain one of the following classes of
  416  license from the division: an individual license, for a fee of
  417  no more than $105, for each temporary food service event in
  418  which it participates; or an annual license, for a fee of no
  419  more than $1,000, which that entitles the licensee to
  420  participate in an unlimited number of food service events during
  421  the license period. The division shall establish license fees,
  422  by rule, and may limit the number of food service facilities a
  423  licensee may operate at a particular temporary food service
  424  event under a single license.
  425         b. Public food service establishments holding current
  426  licenses from the division may operate under the regulations of
  427  such a license at temporary food service events.
  428         (7) PREEMPTION AUTHORITY.—
  429         (a) The regulation of public lodging establishments and
  430  public food service establishments, including, but not limited
  431  to, sanitation standards, licensing, inspections, training and
  432  testing of personnel, and matters related to the nutritional
  433  content and marketing of foods offered in such establishments,
  434  is preempted to the state. This paragraph does not preempt the
  435  authority of a local government or local enforcement district to
  436  conduct inspections of public lodging and public food service
  437  establishments for compliance with the Florida Building Code and
  438  the Florida Fire Prevention Code, pursuant to ss. 553.80 and
  439  633.206.
  440         (b) A local law, ordinance, or regulation may not prohibit
  441  vacation rentals or regulate the duration or frequency of rental
  442  of vacation rentals. This paragraph and subsection (8) do does
  443  not apply to any local law, ordinance, or regulation adopted on
  444  or before June 1, 2011, including such a law, ordinance, or
  445  regulation that is amended to be less restrictive or to comply
  446  with the local registration requirements provided in subsection
  447  (8), or when a law, ordinance, or regulation adopted after June
  448  1, 2011, regulates vacation rentals, if such law, ordinance, or
  449  regulation is less restrictive than a law, ordinance, or
  450  regulation that was in effect on June 1, 2011.
  451         (c) Paragraph (b) and subsection (8) do does not apply to
  452  any local law, ordinance, or regulation exclusively relating to
  453  property valuation as a criterion for vacation rental if the
  454  local law, ordinance, or regulation is required to be approved
  455  by the state land planning agency pursuant to an area of
  456  critical state concern designation.
  457         (d) The regulation of advertising platforms is preempted to
  458  the state.
  459         (8) LOCAL REGISTRATION OF VACATION RENTALS; SUSPENSION;
  460  REVOCATIONS; FINES.—Notwithstanding paragraph (7)(a), a local
  461  law, ordinance, or regulation may require the registration of
  462  vacation rentals with a local vacation rental registration
  463  program. Local governments may implement a vacation rental
  464  registration program pursuant to this subsection and may impose
  465  a fine for failure to register under the local program.
  466         (a)A local government may charge a reasonable fee per unit
  467  for processing a registration application. A local law,
  468  ordinance, or regulation may require annual renewal of a
  469  registration and may charge a reasonable renewal fee per unit
  470  for processing of a registration renewal. However, if there is a
  471  change of ownership, the new owner may be required to submit a
  472  new application for registration. Subsequent to the registration
  473  of a vacation rental, a local government may charge a reasonable
  474  fee to inspect a vacation rental after registration for
  475  compliance with the Florida Building Code and the Florida Fire
  476  Prevention Code, described in ss. 553.80 and 633.206,
  477  respectively.
  478         (b)As a condition of registration or renewal of a vacation
  479  rental, a local law, ordinance, or regulation establishing a
  480  local vacation rental registration program may only require the
  481  operator of a vacation rental to do the following:
  482         1.Submit identifying information about the owner and the
  483  operator, if applicable, and the subject vacation rental
  484  premises.
  485         2.Provide proof of a license with the unique identifier
  486  issued by the division to operate as a vacation rental.
  487         3.Obtain all required tax registrations, receipts, or
  488  certificates issued by the Department of Revenue, a county, or a
  489  municipality.
  490         4.Update required information as necessary to ensure it is
  491  current.
  492         5.Designate and maintain at all times a responsible party
  493  who is capable of responding to complaints or emergencies
  494  related to the vacation rental, including being available by
  495  telephone at a provided contact telephone number 24 hours a day,
  496  7 days a week, and receiving legal notice of violations on
  497  behalf of the vacation rental operator.
  498         6. State the maximum occupancy of the vacation rental in
  499  compliance with the Florida Fire Prevention Code, described in
  500  s. 633.206.
  501         7. Pay in full all recorded municipal or county code liens
  502  against the subject vacation rental premises.
  503         (c)Within 15 business days after receiving an application
  504  for registration of a vacation rental, a local government shall
  505  review the application for completeness and accept the
  506  registration of the vacation rental or issue a written notice of
  507  denial.
  508         1.The vacation rental operator and the local government
  509  may agree to a reasonable request to extend the timeframes
  510  provided in this paragraph, particularly in the event of a force
  511  majeure or other extraordinary circumstance.
  512         2.If a local government fails to accept or deny the
  513  registration within the timeframes provided in this paragraph,
  514  the application is deemed accepted.
  515         (d) If a local government denies a registration of a
  516  vacation rental, the local government must give written notice
  517  to the applicant. Such notice may be provided by United States
  518  mail or electronically. The notice must specify with
  519  particularity the factual reasons for the denial and include a
  520  citation to the applicable portions of the ordinance, rule,
  521  statute, or other legal authority for the denial of the
  522  registration. A local government may not prohibit an applicant
  523  from reapplying if the applicant cures the identified
  524  deficiencies.
  525         (e)1.Upon acceptance of a vacation rental registration, a
  526  local government shall assign a unique registration number to
  527  the vacation rental unit and provide the registration number or
  528  other indicia of registration to the vacation rental operator in
  529  writing or electronically.
  530         2. The vacation rental operator must provide the vacation
  531  rental registration number to the division within 5 days after
  532  receipt of the registration number.
  533         (f)1.A local government may fine a vacation rental
  534  operator up to $500 if he or she:
  535         a. Fails to continue to meet the registration requirements
  536  in paragraph (b);
  537         b. Is operating a vacation rental without registering it
  538  with the local government as a vacation rental; or
  539         c. Fails to provide the division with the unique
  540  registration number as required in paragraph (e).
  541         2. Before issuing a fine, the local government shall issue
  542  written notice of such violation and provide a vacation rental
  543  operator 15 days to cure the violation. If the vacation rental
  544  operator has not cured the violation within the 15 days, the
  545  local government may issue a fine.
  546         (g) A certified copy of an order imposing a fine may be
  547  recorded in the public records and thereafter constitutes a lien
  548  against the real property on which the violation exists and upon
  549  any other real or personal property owned by the violator. Upon
  550  petition to the circuit court, such order is enforceable in the
  551  same manner as a court judgment by the sheriffs of this state,
  552  including execution and levy against the personal property of
  553  the violator, but such order may not be deemed to be a court
  554  judgment except for enforcement purposes. A fine imposed
  555  pursuant to this subsection will continue to accrue until the
  556  violator comes into compliance or until judgment is rendered in
  557  a suit filed pursuant to this section, whichever occurs first. A
  558  lien arising from a fine imposed pursuant to this subsection
  559  runs in favor of the local government, and the local government
  560  shall execute a satisfaction or release of lien upon full
  561  payment. If such lien remains unpaid 3 months or more after the
  562  filing of the lien, the local government may foreclose on the
  563  lien against the real property on which the violation exists or
  564  sue to recover a money judgment for the amount of the lien, plus
  565  accrued interest. A lien created pursuant to this part may not
  566  be foreclosed on real property that is a homestead under s. 4,
  567  Art. X of the State Constitution. The money judgment provisions
  568  of this section do not apply to real property or personal
  569  property that is covered under s. 4(a), Art. X of the State
  570  Constitution.
  571         (h)1.If a code violation related to the vacation rental is
  572  found by the code enforcement board or special magistrate to be
  573  a material violation of a local law, ordinance, or regulation
  574  that does not solely apply to vacation rentals, and the
  575  violation is directly related to the vacation rental premises,
  576  the local government must issue a written notice of such
  577  violation.
  578         2. If a code violation related to the vacation rental is
  579  found to be a material violation of a local law, ordinance, or
  580  regulation as described in subparagraph 1., the code enforcement
  581  board or special magistrate must make a recommendation to the
  582  local government as to whether a vacation rental registration
  583  should be suspended.
  584         3. The code enforcement board or special magistrate must
  585  recommend the suspension of the vacation rental registration if
  586  there are:
  587         a.One or more violations on 5 separate days during a 60
  588  day period;
  589         b.One or more violations on 5 separate days during a 30
  590  day period; or
  591         c. One or more violations after two prior suspensions of
  592  the vacation rental registration.
  593         4.If the code enforcement board or special magistrate
  594  recommends suspension of a vacation rental registration, a local
  595  government may suspend such registration for a period of:
  596         a.Up to 30 days for one or more violations on 5 separate
  597  days during a 60-day period;
  598         b. Up to 60 days for one or more violations on 5 separate
  599  days during a 30-day period; or
  600         c. Up to 90 days for one or more violations after two prior
  601  suspensions of a vacation rental registration.
  602         5. A local government may not suspend a vacation rental
  603  registration for violations of a local law, ordinance, or
  604  regulation which are not directly related to the vacation rental
  605  premises.
  606         6.A local government must provide notice of the suspension
  607  of a vacation rental registration to the vacation rental
  608  operator and the division within 5 days after the suspension.
  609  The notice must include the start date of the suspension, which
  610  must be at least 21 days after the suspension notice is sent to
  611  the vacation rental operator and the division. Effective January
  612  1, 2026, a local government must use the vacation rental
  613  information system described in s. 509.244 to provide notice of
  614  the suspension of a vacation rental registration to the
  615  division.
  616         (i)1. A local government may revoke or refuse to renew a
  617  vacation rental registration if:
  618         a. A vacation rental registration has been suspended three
  619  times pursuant to paragraph (h);
  620         b. There is an unsatisfied, recorded municipal lien or
  621  county lien on the real property of the vacation rental.
  622  However, the local government must allow the vacation rental
  623  operator at least 60 days before the revocation of a
  624  registration to satisfy the recorded municipal lien or county
  625  lien; or
  626         c. The vacation rental premises and its owner are the
  627  subject of a final order or judgment by a court of competent
  628  jurisdiction lawfully directing the termination of the premises’
  629  use as a vacation rental.
  630         2. A local government must provide notice within 5 days
  631  after the revocation of, or refusal to renew, a vacation rental
  632  registration to the vacation rental operator and the division.
  633  The notice must include the date of revocation or nonrenewal,
  634  which must be at least 21 days after the date such notice is
  635  sent to the vacation rental operator and the division. Effective
  636  January 1, 2026, a local government must use the vacation rental
  637  information system described in s. 509.244 to provide notice of
  638  the revocation of or refusal to renew a vacation rental
  639  registration to the division.
  640         (j) A vacation rental operator may appeal a denial,
  641  suspension, or revocation of a vacation rental registration, or
  642  a refusal to renew such registration, to the circuit court. An
  643  appeal must be filed within 30 days after the issuance of the
  644  denial, suspension, or revocation of, or refusal to renew, the
  645  vacation rental registration. The court may assess and award
  646  reasonable attorney fees and costs and damages to the prevailing
  647  party.
  648  
  649  This subsection does not prohibit a local government from
  650  establishing a local law, ordinance, or regulation if it is
  651  uniformly applied without regard to whether the residential
  652  property is used as a vacation rental.
  653         Section 4. Effective January 1, 2025, present paragraph (c)
  654  of subsection (4) of section 509.241, Florida Statutes, is
  655  redesignated as paragraph (d), a new paragraph (c) is added to
  656  that subsection, subsection (5) is added to that section, and
  657  subsections (2) and (3) of that section are amended, to read:
  658         509.241 Licenses required; exceptions; division online
  659  accounts and transactions.—
  660         (2) APPLICATION FOR LICENSE.—Each person who plans to open
  661  a public lodging establishment or a public food service
  662  establishment shall apply for and receive a license from the
  663  division before prior to the commencement of operation. A
  664  condominium association, as defined in s. 718.103, which does
  665  not own any units classified as vacation rentals or timeshare
  666  projects under s. 509.242(1)(c) or (g) is not required to apply
  667  for or receive a public lodging establishment license. Upon
  668  receiving an application for a vacation rental license, the
  669  division may grant a temporary license that authorizes the
  670  vacation rental to begin operation while the application is
  671  pending. The temporary license automatically expires upon final
  672  agency action regarding the license application.
  673         (3) DISPLAY OF LICENSE.—A Any license issued by the
  674  division must shall be conspicuously displayed to the public
  675  inside in the office or lobby of the licensed establishment.
  676  Public food service establishments that which offer catering
  677  services must shall display their license number on all
  678  advertising for catering services. The vacation rental’s local
  679  registration number must, if applicable, be conspicuously
  680  displayed inside the vacation rental.
  681         (4) ONLINE ACCOUNT AND TRANSACTIONS.—Each person who plans
  682  to open a public lodging establishment or a public food service
  683  establishment and each licensee or licensed agent must create
  684  and maintain a division online account and provide an e-mail
  685  address to the division to function as the primary contact for
  686  all communication from the division.
  687         (c)Each vacation rental operator managing a license
  688  classified as a vacation rental as defined in s. 509.242(1)(c)
  689  must submit to the division, through the division’s online
  690  system, any applicable local vacation rental registration number
  691  within 5 days after registration.
  692         (5)UNIQUE IDENTIFIER.—The division shall assign a unique
  693  identifier on each vacation rental license which identifies each
  694  individual vacation rental dwelling or unit.
  695         Section 5. Effective January 1, 2025, section 509.243,
  696  Florida Statutes, is created to read:
  697         509.243 Advertising platforms.—
  698         (1) An advertising platform shall require that a person who
  699  places an advertisement or a listing of a vacation rental which
  700  offers it for rent do all of the following:
  701         (a) Include in the advertisement or listing the vacation
  702  rental license number with the associated unique identifier and,
  703  if applicable, the local registration number.
  704         (b) Attest to the best of the person’s knowledge that the
  705  vacation rental’s license with the associated unique identifier
  706  and, if applicable, its local registration are current and valid
  707  and that all related information is accurately stated in the
  708  advertisement.
  709         (2) An advertising platform shall display the vacation
  710  rental license number with the associated unique identifier,
  711  and, if applicable, the local registration number.
  712         (3) Effective January 1, 2026, an advertising platform:
  713         (a) Shall use the vacation rental information system
  714  described in s. 509.244 to verify that the vacation rental
  715  license number with the associated unique identifier, and, if
  716  applicable, the local registration number, are current, valid,
  717  and apply to the subject vacation rental before publishing an
  718  advertisement or a listing on its platform.
  719         (b)May not advertise or list on its platform a vacation
  720  rental that fails to provide a valid vacation rental license
  721  number with the associated unique identifier, and, if
  722  applicable, the local registration number as indicated on the
  723  vacation rental information system described in s. 509.244.
  724         (c) Shall remove from public view an advertisement or a
  725  listing from its online application, software, website, or
  726  system within 15 business days after notification that a
  727  vacation rental license, or if applicable, a local registration:
  728         1.Has been suspended, revoked, or not renewed; or
  729         2.Fails to display a valid vacation rental license number
  730  with the associated unique identifier or, if applicable, a local
  731  registration number.
  732         (d) Shall notify the division within 15 days after any
  733  advertisement or listing on its online application, software,
  734  website, or system fails to display a valid vacation rental
  735  license number with associated unique identifier or, if
  736  applicable, a local registration number.
  737         (4) If a guest uses a payment system on or through an
  738  advertising platform to pay for the rental of a vacation rental
  739  located in this state, the advertising platform must collect and
  740  remit all taxes due under ss. 125.0104, 125.0108, 205.044,
  741  212.03, 212.0305, and 212.055 related to the rental as provided
  742  in s. 212.03(2)(b).
  743         (5) If the division has probable cause to believe that a
  744  person not licensed by the division has violated this chapter or
  745  any rule adopted pursuant thereto, the division may issue and
  746  deliver to such person a notice to cease and desist from the
  747  violation. The issuance of a notice to cease and desist does not
  748  constitute agency action for which a hearing under s. 120.569 or
  749  s. 120.57 may be sought. For the purpose of enforcing a cease
  750  and desist notice, the division may file a proceeding in the
  751  name of the state seeking the issuance of an injunction or a
  752  writ of mandamus against any person who violates any provision
  753  of the notice. If the division is required to seek enforcement
  754  of the notice for a penalty pursuant to s. 120.69, it is
  755  entitled to collect attorney fees and costs, together with any
  756  cost of collection.
  757         (6) The division may fine an advertising platform an amount
  758  not to exceed $1,000 per offense for each violation of this
  759  section or of division rule. For the purposes of this
  760  subsection, the division may regard as a separate offense each
  761  day or portion of a day in which an advertising platform is
  762  operated in violation of this section or rules of the division.
  763  The division shall issue to the advertising platform a written
  764  notice of any violation and provide it 15 days to cure the
  765  violation before commencing any legal proceeding under
  766  subsection (5).
  767         (7) An advertising platform shall adopt an
  768  antidiscrimination policy to help prevent discrimination by its
  769  users and shall inform all users that it is illegal to refuse
  770  accommodation to an individual based on race, creed, color, sex,
  771  pregnancy, physical disability, or national origin, as provided
  772  in s. 509.092.
  773         (8) This section does not create a private cause of action
  774  against advertising platforms. An advertising platform may not
  775  be held liable for any action that it takes voluntarily and in
  776  good faith in relation to its users in compliance with this
  777  chapter or the advertising platform’s terms of service.
  778         Section 6. Section 509.244, Florida Statutes, is created to
  779  read:
  780         509.244 Vacation rental information system.—
  781         (1) As used in this section, the term “application program
  782  interface” means a predefined protocol for reading or writing
  783  data across a network using a file system or a database.
  784         (2) By July 1, 2025, the division shall create and maintain
  785  a vacation rental information system readily accessible through
  786  an application program interface. At a minimum, the system must
  787  do all of the following:
  788         (a)Facilitate prompt compliance with this chapter by a
  789  licensee or an advertising platform.
  790         (b)Allow advertising platforms to search by vacation
  791  rental license number with the associated unique identifier,
  792  applicable local registration number, and a listing status field
  793  that indicates whether the premises is compliant with applicable
  794  license and registration requirements to allow a platform to
  795  determine whether it may advertise the vacation rental.
  796         (c)Allow local government users to notify the division of
  797  a revocation or failure to renew, or the period of suspension
  798  of, a local registration, if applicable.
  799         (d)Provide a system interface to allow local governments
  800  and advertising platforms to verify the status of a vacation
  801  rental license and a local registration of a vacation rental, if
  802  applicable.
  803         (e)Allow a registered user to subscribe to receive
  804  automated notifications of changes to the license and
  805  registration status of a vacation rental, including any license
  806  revocation, local registration revocation, period of suspension
  807  imposed by the division or local government, or failure to renew
  808  a license or local registration.
  809         Section 7. Subsection (11) is added to section 509.261,
  810  Florida Statutes, to read:
  811         509.261 Revocation or suspension of licenses; fines;
  812  procedure.—
  813         (11)(a) The division may revoke, refuse to issue or renew,
  814  or suspend for a period of not more than 30 days or the period
  815  of suspension as provided in s. 509.032(8) a license of a
  816  vacation rental for any of the following reasons:
  817         1. Operation of the subject premises violates the terms of
  818  an applicable lease or property restriction, including any
  819  property restriction adopted pursuant to chapter 718, chapter
  820  719, or chapter 720, as determined by a final order of a court
  821  of competent jurisdiction or a written decision by an arbitrator
  822  authorized to arbitrate a dispute relating to the subject
  823  premises and a lease or property restriction.
  824         2.Local registration of the vacation rental is suspended
  825  or revoked by a local government as provided in s. 509.032(8).
  826         3.The vacation rental premises and its owner are the
  827  subject of a final order or judgment lawfully directing the
  828  termination of the premises’ use as a vacation rental.
  829         (b) The division must specify the license number with the
  830  associated unique identifier of the vacation rental dwelling or
  831  unit which has been revoked, not renewed, or suspended and input
  832  such status in the vacation rental information system described
  833  in s. 509.244.
  834         (c) If the division suspends a license for the reason
  835  specified in subparagraph (a)2., the suspension must run
  836  concurrently with the local registration suspension.
  837         Section 8. Subsection (12) of section 159.27, Florida
  838  Statutes, is amended to read:
  839         159.27 Definitions.—The following words and terms, unless
  840  the context clearly indicates a different meaning, shall have
  841  the following meanings:
  842         (12) “Public lodging or restaurant facility” means property
  843  used for any public lodging establishment as defined in s.
  844  509.242 or public food service establishment as defined in s.
  845  509.013 s. 509.013(5) if it is part of the complex of, or
  846  necessary to, another facility qualifying under this part.
  847         Section 9. Paragraph (jj) of subsection (7) of section
  848  212.08, Florida Statutes, is amended to read:
  849         212.08 Sales, rental, use, consumption, distribution, and
  850  storage tax; specified exemptions.—The sale at retail, the
  851  rental, the use, the consumption, the distribution, and the
  852  storage to be used or consumed in this state of the following
  853  are hereby specifically exempt from the tax imposed by this
  854  chapter.
  855         (7) MISCELLANEOUS EXEMPTIONS.—Exemptions provided to any
  856  entity by this chapter do not inure to any transaction that is
  857  otherwise taxable under this chapter when payment is made by a
  858  representative or employee of the entity by any means,
  859  including, but not limited to, cash, check, or credit card, even
  860  when that representative or employee is subsequently reimbursed
  861  by the entity. In addition, exemptions provided to any entity by
  862  this subsection do not inure to any transaction that is
  863  otherwise taxable under this chapter unless the entity has
  864  obtained a sales tax exemption certificate from the department
  865  or the entity obtains or provides other documentation as
  866  required by the department. Eligible purchases or leases made
  867  with such a certificate must be in strict compliance with this
  868  subsection and departmental rules, and any person who makes an
  869  exempt purchase with a certificate that is not in strict
  870  compliance with this subsection and the rules is liable for and
  871  shall pay the tax. The department may adopt rules to administer
  872  this subsection.
  873         (jj) Complimentary meals.—Also exempt from the tax imposed
  874  by this chapter are food or drinks that are furnished as part of
  875  a packaged room rate by any person offering for rent or lease
  876  any transient public lodging establishments living
  877  accommodations as described in s. 509.013(10)(a) s.
  878  509.013(4)(a) which are licensed under part I of chapter 509 and
  879  which are subject to the tax under s. 212.03, if a separate
  880  charge or specific amount for the food or drinks is not shown.
  881  Such food or drinks are considered to be sold at retail as part
  882  of the total charge for the transient living accommodations.
  883  Moreover, the person offering the accommodations is not
  884  considered to be the consumer of items purchased in furnishing
  885  such food or drinks and may purchase those items under
  886  conditions of a sale for resale.
  887         Section 10. Paragraph (b) of subsection (4) of section
  888  316.1955, Florida Statutes, is amended to read:
  889         316.1955 Enforcement of parking requirements for persons
  890  who have disabilities.—
  891         (4)
  892         (b) Notwithstanding paragraph (a), a theme park or an
  893  entertainment complex as defined in s. 509.013 s. 509.013(9)
  894  which provides parking in designated areas for persons who have
  895  disabilities may allow any vehicle that is transporting a person
  896  who has a disability to remain parked in a space reserved for
  897  persons who have disabilities throughout the period the theme
  898  park is open to the public for that day.
  899         Section 11. Subsection (5) of section 404.056, Florida
  900  Statutes, is amended to read:
  901         404.056 Environmental radiation standards and projects;
  902  certification of persons performing measurement or mitigation
  903  services; mandatory testing; notification on real estate
  904  documents; rules.—
  905         (5) NOTIFICATION ON REAL ESTATE DOCUMENTS.—Notification
  906  shall be provided on at least one document, form, or application
  907  executed at the time of, or before prior to, contract for sale
  908  and purchase of any building or execution of a rental agreement
  909  for any building. Such notification must shall contain the
  910  following language:
  911  
  912         “RADON GAS: Radon is a naturally occurring radioactive gas
  913  that, when it has accumulated in a building in sufficient
  914  quantities, may present health risks to persons who are exposed
  915  to it over time. Levels of radon that exceed federal and state
  916  guidelines have been found in buildings in Florida. Additional
  917  information regarding radon and radon testing may be obtained
  918  from your county health department.”
  919  
  920  The requirements of this subsection do not apply to any
  921  residential transient occupancy, as described in s. 509.013 s.
  922  509.013(12), provided that such occupancy is 45 days or less in
  923  duration.
  924         Section 12. Subsection (6) of section 477.0135, Florida
  925  Statutes, is amended to read:
  926         477.0135 Exemptions.—
  927         (6) A license is not required of any individual providing
  928  makeup or special effects services in a theme park or
  929  entertainment complex to an actor, stunt person, musician,
  930  extra, or other talent, or providing makeup or special effects
  931  services to the general public. The term “theme park or
  932  entertainment complex” has the same meaning as in s. 509.013 s.
  933  509.013(9).
  934         Section 13. Paragraph (b) of subsection (2) of section
  935  509.221, Florida Statutes, is amended to read:
  936         509.221 Sanitary regulations.—
  937         (2)
  938         (b) Within a theme park or entertainment complex as defined
  939  in s. 509.013 s. 509.013(9), the bathrooms are not required to
  940  be in the same building as the public food service
  941  establishment, so long as they are reasonably accessible.
  942         Section 14. Paragraph (b) of subsection (5) of section
  943  553.5041, Florida Statutes, is amended to read:
  944         553.5041 Parking spaces for persons who have disabilities.—
  945         (5) Accessible perpendicular and diagonal accessible
  946  parking spaces and loading zones must be designed and located to
  947  conform to ss. 502 and 503 of the standards.
  948         (b) If there are multiple entrances or multiple retail
  949  stores, the parking spaces must be dispersed to provide parking
  950  at the nearest accessible entrance. If a theme park or an
  951  entertainment complex as defined in s. 509.013 s. 509.013(9)
  952  provides parking in several lots or areas from which access to
  953  the theme park or entertainment complex is provided, a single
  954  lot or area may be designated for parking by persons who have
  955  disabilities, if the lot or area is located on the shortest
  956  accessible route to an accessible entrance to the theme park or
  957  entertainment complex or to transportation to such an accessible
  958  entrance.
  959         Section 15. Paragraph (b) of subsection (5) of section
  960  559.955, Florida Statutes, is amended to read:
  961         559.955 Home-based businesses; local government
  962  restrictions.—
  963         (5) The application of this section does not supersede:
  964         (b) Local laws, ordinances, or regulations related to
  965  transient public lodging establishments, as defined in s.
  966  509.013(10)(a)2. which s. 509.013(4)(a)1., that are not
  967  otherwise preempted under chapter 509.
  968         Section 16. Paragraph (d) of subsection (7) of section
  969  561.20, Florida Statutes, is amended to read:
  970         561.20 Limitation upon number of licenses issued.—
  971         (7)
  972         (d) Any corporation, partnership, or individual operating a
  973  club which owns or leases and which maintains any bona fide
  974  beach or cabana club consisting of beach facilities, swimming
  975  pool, locker rooms or bathroom facilities for at least 100
  976  persons, and a public food service establishment as defined in
  977  s. 509.013 s. 509.013(5)(a), comprising in all an area of at
  978  least 5,000 square feet located on a contiguous tract of land of
  979  in excess of 1 acre may be issued a license under s. 565.02(4).
  980  The failure of such club to maintain the facilities shall be a
  981  ground for revocation of the license.
  982         Section 17. Subsection (2) of section 705.17, Florida
  983  Statutes, is amended to read:
  984         705.17 Exceptions.—
  985         (2) Sections 705.1015-705.106 do not apply to any personal
  986  property lost or abandoned on premises located within a theme
  987  park or entertainment complex, as defined in s. 509.013 s.
  988  509.013(9), or operated as a zoo, a museum, or an aquarium, or
  989  on the premises of a public food service establishment or a
  990  public lodging establishment licensed under part I of chapter
  991  509, if the owner or operator of such premises elects to comply
  992  with s. 705.185.
  993         Section 18. Section 705.185, Florida Statutes, is amended
  994  to read:
  995         705.185 Disposal of personal property lost or abandoned on
  996  the premises of certain facilities.—When any lost or abandoned
  997  personal property is found on premises located within a theme
  998  park or entertainment complex, as defined in s. 509.013 s.
  999  509.013(9), or operated as a zoo, a museum, or an aquarium, or
 1000  on the premises of a public food service establishment or a
 1001  public lodging establishment licensed under part I of chapter
 1002  509, if the owner or operator of such premises elects to comply
 1003  with this section, any lost or abandoned property must be
 1004  delivered to such owner or operator, who must take charge of the
 1005  property and make a record of the date such property was found.
 1006  If the property is not claimed by its owner within 30 days after
 1007  it is found, or a longer period of time as may be deemed
 1008  appropriate by the owner or operator of the premises, the owner
 1009  or operator of the premises may not sell and must dispose of the
 1010  property or donate it to a charitable institution that is exempt
 1011  from federal income tax under s. 501(c)(3) of the Internal
 1012  Revenue Code for sale or other disposal as the charitable
 1013  institution deems appropriate. The rightful owner of the
 1014  property may reclaim the property from the owner or operator of
 1015  the premises at any time before the disposal or donation of the
 1016  property in accordance with this section and the established
 1017  policies and procedures of the owner or operator of the
 1018  premises. A charitable institution that accepts an electronic
 1019  device, as defined in s. 815.03(9), access to which is not
 1020  secured by a password or other personal identification
 1021  technology, shall make a reasonable effort to delete all
 1022  personal data from the electronic device before its sale or
 1023  disposal.
 1024         Section 19. Section 717.1355, Florida Statutes, is amended
 1025  to read:
 1026         717.1355 Theme park and entertainment complex tickets.—This
 1027  chapter does not apply to any tickets for admission to a theme
 1028  park or entertainment complex as defined in s. 509.013 s.
 1029  509.013(9), or to any tickets to a permanent exhibition or
 1030  recreational activity within such theme park or entertainment
 1031  complex.
 1032         Section 20. Subsection (8) of section 877.24, Florida
 1033  Statutes, is amended to read:
 1034         877.24 Nonapplication of s. 877.22.—Section 877.22 does not
 1035  apply to a minor who is:
 1036         (8) Attending an organized event held at and sponsored by a
 1037  theme park or entertainment complex as defined in s. 509.013 s.
 1038  509.013(9).
 1039         Section 21. The application of this act does not supersede
 1040  any current or future declaration or declaration of condominium
 1041  adopted pursuant to chapter 718, Florida Statutes; any
 1042  cooperative document adopted pursuant to chapter 719, Florida
 1043  Statutes; or any declaration or declaration of covenant adopted
 1044  pursuant to chapter 720, Florida Statutes.
 1045         Section 22. (1)The Department of Revenue is authorized,
 1046  and all conditions are deemed to be met, to adopt emergency
 1047  rules pursuant to s. 120.54(4), Florida Statutes, for the
 1048  purpose of implementing the amendments made by this act to s.
 1049  212.03, Florida Statutes, including establishing procedures to
 1050  facilitate the remittance of taxes.
 1051         (2)Notwithstanding any other law, emergency rules adopted
 1052  pursuant to subsection (1) are effective for 6 months after
 1053  adoption and may be renewed during the pendency of procedures to
 1054  adopt permanent rules addressing the subject of the emergency
 1055  rules.
 1056         (3)This section expires January 1, 2026.
 1057         Section 23. For the 2024-2025 fiscal year, the sums of
 1058  $327,170 in recurring funds and $53,645 in nonrecurring funds
 1059  from the Hotel and Restaurant Trust Fund and $645,202 in
 1060  recurring funds and $3,295,884 in nonrecurring funds from the
 1061  Administrative Trust Fund are appropriated to the Department of
 1062  Business and Professional Regulation, and nine full-time
 1063  equivalent positions with a total associated salary rate of
 1064  513,417 are authorized, for the purposes of implementing this
 1065  act.
 1066         Section 24. Except as otherwise expressly provided in this
 1067  act, this act shall take effect July 1, 2024.