Amendment
Bill No. CS/HB 63

Amendment No. 473565

CHAMBER ACTION
Senate		House
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1	Representative Horner offered the following:
2
3	Amendment (with title amendment)
4	Remove lines 56-234 and insert:
5	(2)  Any person individual, agent, contractor, or volunteer
6	who is acting on behalf of a person an individual, business,
7	company, or food service establishment and who, without
8	permission, delivers, distributes, or places, or attempts to
9	deliver, distribute, or place, a handbill at or in a public
10	lodging establishment commits a misdemeanor of the first degree,
11	punishable as provided in s. 775.082 or s. 775.083.
12	(3)  Any person who, without permission, directs another
13	person to deliver, distribute, or place, or attempts to deliver,
14	distribute, or place, a handbill at or in a public lodging
15	establishment commits a misdemeanor of the first degree,
16	punishable as provided in s. 775.082 or s. 775.083. Any person
17	sentenced under this subsection shall be ordered to pay a
18	minimum fine of $500 in addition to any other penalty imposed by
19	the court.
20	(4)  In addition to any other penalty imposed by the court,
21	a person who violates subsection (2) or subsection (3):
22	(a)  A second time shall be ordered to pay a minimum fine
23	of $2,000.
24	(b)  A third or subsequent time shall be ordered to pay a
25	minimum fine of $3,000.
26	(5)(4)  For purposes of this section, a public lodging
27	establishment that intends to prohibit advertising or
28	solicitation, as described in this section, at or in such
29	establishment must comply with the following requirements when
30	posting a sign prohibiting such solicitation or advertising:
31	(a)  There must appear prominently on any sign referred to
32	in this subsection, in letters of not less than 2 inches in
33	height, the terms "no advertising" or "no solicitation" or terms
34	that indicate the same meaning.
35	(b)  The sign must be posted conspicuously.
36	(c)  If the main office of the public lodging establishment
37	is immediately accessible by entering the office through a door
38	from a street, parking lot, grounds, or other area outside such
39	establishment, the sign must be placed on a part of the main
40	office, such as a door or window, and the sign must face the
41	street, parking lot, grounds, or other area outside such
42	establishment.
43	(d)  If the main office of the public lodging establishment
44	is not immediately accessible by entering the office through a
45	door from a street, parking lot, grounds, or other area outside
46	such establishment, the sign must be placed in the immediate
47	vicinity of the main entrance to such establishment, and the
48	sign must face the street, parking lot, grounds, or other area
49	outside such establishment.
50	(6)  Any personal property, including, but not limited to,
51	any vehicle of any kind, item, object, tool, device, weapon,
52	machine, money, security, book, or record, that is used or
53	attempted to be used as an instrumentality in the commission of,
54	or in aiding and abetting in the commission of, a person's third
55	or subsequent violation of this section, whether or not
56	comprising an element of the offense, is subject to seizure and
57	forfeiture under the Florida Contraband Forfeiture Act.
58	Section 3.  Section 901.1503, Florida Statutes, is created
59	to read:
60	901.1503  When notice to appear by officer without warrant
61	is lawful.-A law enforcement officer may give a notice to appear
62	to a person without a warrant when the officer has determined
63	that he or she has probable cause to believe that a violation of
64	s. 509.144 has been committed and the owner or manager of the
65	public lodging establishment in which the violation occurred and
66	one additional affiant sign an affidavit containing information
67	that supports the officer's determination of probable cause.
68	Section 4.  Paragraph (a) of subsection (2) of section
69	932.701, Florida Statutes, is amended to read:
70	932.701  Short title; definitions.-
71	(2)  As used in the Florida Contraband Forfeiture Act:
72	(a)  "Contraband article" means:
73	1.  Any controlled substance as defined in chapter 893 or
74	any substance, device, paraphernalia, or currency or other means
75	of exchange that was used, was attempted to be used, or was
76	intended to be used in violation of any provision of chapter
77	893, if the totality of the facts presented by the state is
78	clearly sufficient to meet the state's burden of establishing
79	probable cause to believe that a nexus exists between the
80	article seized and the narcotics activity, whether or not the
81	use of the contraband article can be traced to a specific
82	narcotics transaction.
83	2.  Any gambling paraphernalia, lottery tickets, money,
84	currency, or other means of exchange which was used, was
85	attempted, or intended to be used in violation of the gambling
86	laws of the state.
87	3.  Any equipment, liquid or solid, which was being used,
88	is being used, was attempted to be used, or intended to be used
89	in violation of the beverage or tobacco laws of the state.
90	4.  Any motor fuel upon which the motor fuel tax has not
91	been paid as required by law.
92	5.  Any personal property, including, but not limited to,
93	any vessel, aircraft, item, object, tool, substance, device,
94	weapon, machine, vehicle of any kind, money, securities, books,
95	records, research, negotiable instruments, or currency, which
96	was used or was attempted to be used as an instrumentality in
97	the commission of, or in aiding or abetting in the commission
98	of, any felony, whether or not comprising an element of the
99	felony, or which is acquired by proceeds obtained as a result of
100	a violation of the Florida Contraband Forfeiture Act.
101	6.  Any real property, including any right, title,
102	leasehold, or other interest in the whole of any lot or tract of
103	land, which was used, is being used, or was attempted to be used
104	as an instrumentality in the commission of, or in aiding or
105	abetting in the commission of, any felony, or which is acquired
106	by proceeds obtained as a result of a violation of the Florida
107	Contraband Forfeiture Act.
108	7.  Any personal property, including, but not limited to,
109	equipment, money, securities, books, records, research,
110	negotiable instruments, currency, or any vessel, aircraft, item,
111	object, tool, substance, device, weapon, machine, or vehicle of
112	any kind in the possession of or belonging to any person who
113	takes aquaculture products in violation of s. 812.014(2)(c).
114	8.  Any motor vehicle offered for sale in violation of s.
115	320.28.
116	9.  Any motor vehicle used during the course of committing
117	an offense in violation of s. 322.34(9)(a).
118	10.  Any photograph, film, or other recorded image,
119	including an image recorded on videotape, a compact disc,
120	digital tape, or fixed disk, that is recorded in violation of s.
121	810.145 and is possessed for the purpose of amusement,
122	entertainment, sexual arousal, gratification, or profit, or for
123	the purpose of degrading or abusing another person.
124	11.  Any real property, including any right, title,
125	leasehold, or other interest in the whole of any lot or tract of
126	land, which is acquired by proceeds obtained as a result of
127	Medicaid fraud under s. 409.920 or s. 409.9201; any personal
128	property, including, but not limited to, equipment, money,
129	securities, books, records, research, negotiable instruments, or
130	currency; or any vessel, aircraft, item, object, tool,
131	substance, device, weapon, machine, or vehicle of any kind in
132	the possession of or belonging to any person which is acquired
133	by proceeds obtained as a result of Medicaid fraud under s.
134	409.920 or s. 409.9201.
135	12.  Any personal property, including, but not limited to,
136	any vehicle of any kind, item, object, tool, device, weapon,
137	machine, money, security, book, or record, that is used or
138	attempted to be used as an instrumentality in the commission of,
139	or in aiding and abetting in the commission of, a person's third
140	or subsequent violation of s. 509.144, whether or not comprising
141	an element of the offense.
142	Section 5.  Paragraph (b) of subsection (4) of section
143	509.013, Florida Statutes, is amended to read:
144	509.013  Definitions.-As used in this chapter, the term:
145	(4)
146	(b)  The following are excluded from the definitions in
147	paragraph (a):
148	1.  Any dormitory or other living or sleeping facility
149	maintained by a public or private school, college, or university
150	for the use of students, faculty, or visitors;
151	2.  Any facility certified or licensed and regulated by the
152	Agency for Health Care Administration or the Department of
153	Children and Family Services or other similar place regulated
154	under s. 381.0072;
155	3.  Any place renting four rental units or less, unless the
156	rental units are advertised or held out to the public to be
157	places that are regularly rented to transients;
158	4.  Any unit or group of units in a condominium,
159	cooperative, or timeshare plan and any individually or
160	collectively owned one-family, two-family, three-family, or
161	four-family dwelling house or dwelling unit that is rented for
162	periods of at least 30 days or 1 calendar month, whichever is
163	less, and that is not advertised or held out to the public as a
164	place regularly rented for periods of less than 1 calendar
165	month, provided that no more than four rental units within a
166	single complex of buildings are available for rent;
167	5.  Any migrant labor camp or residential migrant housing
168	permitted by the Department of Health; under ss. 381.008-
169	381.00895; and
170	6.  Any establishment inspected by the Department of Health
171	and regulated by chapter 513; and
172	7.  Any nonprofit organization that operates a facility
173	providing housing only to patients, patients' families, and
174	patients' caregivers and not to the general public.
175	Section 6.  Effective upon this act becoming a law,
176	paragraph (a) of subsection (2) and subsection (7) of section
177	509.032, Florida Statutes, are amended to read:
178	509.032  Duties.-
179	(2)  INSPECTION OF PREMISES.-
180	(a)  The division has responsibility and jurisdiction for
181	all inspections required by this chapter. The division has
182	responsibility for quality assurance. Each licensed
183	establishment shall be inspected at least biannually, except for
184	transient and nontransient apartments, which shall be inspected
185	at least annually, and shall be inspected at such other times as
186	the division determines is necessary to ensure the public's
187	health, safety, and welfare. The division shall establish a
188	system to determine inspection frequency. Public lodging units
189	classified as vacation rentals resort condominiums or resort
190	dwellings are not subject to this requirement, but shall be made
191	available to the division upon request. If, during the
192	inspection of a public lodging establishment classified for
193	renting to transient or nontransient tenants, an inspector
194	identifies vulnerable adults who appear to be victims of
195	neglect, as defined in s. 415.102, or, in the case of a building
196	that is not equipped with automatic sprinkler systems, tenants
197	or clients who may be unable to self-preserve in an emergency,
198	the division shall convene meetings with the following agencies
199	as appropriate to the individual situation: the Department of
200	Health, the Department of Elderly Affairs, the area agency on
201	aging, the local fire marshal, the landlord and affected tenants
202	and clients, and other relevant organizations, to develop a plan
203	which improves the prospects for safety of affected residents
204	and, if necessary, identifies alternative living arrangements
205	such as facilities licensed under part II of chapter 400 or
206	under chapter 429.
207	(7)  PREEMPTION AUTHORITY.-
208	(a)  The regulation of public lodging establishments and
209	public food service establishments, including, but not limited
210	to, the inspection of public lodging establishments and public
211	food service establishments for compliance with the sanitation
212	standards, inspections, adopted under this section, and the
213	regulation of food safety protection standards for required
214	training and testing of food service establishment personnel,
215	and matters related to the nutritional content and marketing of
216	foods offered in such establishments, is are preempted to the
217	state. This paragraph subsection does not preempt the authority
218	of a local government or local enforcement district to conduct
219	inspections of public lodging and public food service
220	establishments for compliance with the Florida Building Code and
221	the Florida Fire Prevention Code, pursuant to ss. 553.80 and
222	633.022.
223	(b)  A local law, ordinance, or regulation may not restrict
224	the use of vacation rentals, prohibit vacation rentals, or
225	regulate vacation rentals based solely on their classification,
226	use, or occupancy. This paragraph does not apply to any local
227	law, ordinance, or regulation adopted on or before June 1, 2011,
228	or to any amendment to such local law, ordinance, or regulation
229	exclusively relating to property valuation as a criteria for
230	vacation rental if the existing local law, ordinance, or
231	regulation was approved by the Department of Community Affairs
232	pursuant to an area of critical state concern designation.
233	Section 7.  Effective upon this act becoming a law,
234	subsection (9) of section 509.221, Florida Statutes, is amended
235	to read:
236	509.221  Sanitary regulations.-
237	(9)  Subsections (2), (5), and (6) do not apply to any
238	facility or unit classified as a vacation rental or resort
239	condominium, nontransient apartment, or resort dwelling as
240	described in s. 509.242(1)(c) and, (d), and (g).
241	Section 8.  Effective upon this act becoming a law,
242	subsection (2) of section 509.241, Florida Statutes, is amended
243	to read:
244	509.241  Licenses required; exceptions.-
245	(2)  APPLICATION FOR LICENSE.-Each person who plans to open
246	a public lodging establishment or a public food service
247	establishment shall apply for and receive a license from the
248	division prior to the commencement of operation. A condominium
249	association, as defined in s. 718.103, which does not own any
250	units classified as vacation rentals resort condominiums under
251	s. 509.242(1)(c) is shall not be required to apply for or
252	receive a public lodging establishment license.
253	Section 9.  Effective upon this act becoming a law,
254	subsection (1) of section 509.242, Florida Statutes, is amended
255	to read:
256	509.242  Public lodging establishments; classifications.-
257	(1)  A public lodging establishment shall be classified as
258	a hotel, motel, resort condominium, nontransient apartment,
259	transient apartment, roominghouse, bed and breakfast inn, or
260	vacation rental resort dwelling if the establishment satisfies
261	the following criteria:
262	(a)  Hotel.-A hotel is any public lodging establishment
263	containing sleeping room accommodations for 25 or more guests
264	and providing the services generally provided by a hotel and
265	recognized as a hotel in the community in which it is situated
266	or by the industry.
267	(b)  Motel.-A motel is any public lodging establishment
268	which offers rental units with an exit to the outside of each
269	rental unit, daily or weekly rates, offstreet parking for each
270	unit, a central office on the property with specified hours of
271	operation, a bathroom or connecting bathroom for each rental
272	unit, and at least six rental units, and which is recognized as
273	a motel in the community in which it is situated or by the
274	industry.
275	(c)  Vacation rental Resort condominium.-A vacation rental
276	resort condominium is any unit or group of units in a
277	condominium, cooperative, or timeshare plan or any individually
278	or collectively owned single-family, two-family, or four-family
279	house or dwelling unit that is also a transient public lodging
280	establishment which is rented more than three times in a
281	calendar year for periods of less than 30 days or 1 calendar
282	month, whichever is less, or which is advertised or held out to
283	the public as a place regularly rented for periods of less than
284	30 days or 1 calendar month, whichever is less.
285	(d)  Nontransient apartment or roominghouse.-A nontransient
286	apartment or roominghouse is a building or complex of buildings
287	in which 75 percent or more of the units are available for rent
288	to nontransient tenants.
289	(e)  Transient apartment or roominghouse.-A transient
290	apartment or roominghouse is a building or complex of buildings
291	in which more than 25 percent of the units are advertised or
292	held out to the public as available for transient occupancy.
293	(f)  Roominghouse.-A roominghouse is any public lodging
294	establishment that may not be classified as a hotel, motel,
295	resort condominium, nontransient apartment, bed and breakfast
296	inn, vacation rental, or transient apartment under this section.
297	A roominghouse includes, but is not limited to, a boardinghouse.
298	(g)  Resort dwelling.-A resort dwelling is any individually
299	or collectively owned one-family, two-family, three-family, or
300	four-family dwelling house or dwelling unit which is rented more
301	than three times in a calendar year for periods of less than 30
302	days or 1 calendar month, whichever is less, or which is
303	advertised or held out to the public as a place regularly rented
304	for periods of less than 30 days or 1 calendar month, whichever
305	is less.
306	(g)(h)  Bed and breakfast inn.-A bed and breakfast inn is a
307	family home structure, with no more than 15 sleeping rooms,
308	which has been modified to serve as a transient public lodging
309	establishment, which provides the accommodation and meal
310	services generally offered by a bed and breakfast inn, and which
311	is recognized as a bed and breakfast inn in the community in
312	which it is situated or by the hospitality industry.
313	Section 10.  Effective upon this act becoming a law,
314	subsection (1) of section 509.251, Florida Statutes, is amended
315	to read:
316	509.251  License fees.-
317	(1)  The division shall adopt, by rule, a schedule of fees
318	to be paid by each public lodging establishment as a
319	prerequisite to issuance or renewal of a license. Such fees
320	shall be based on the number of rental units in the
321	establishment. The aggregate fee per establishment charged any
322	public lodging establishment shall not exceed $1,000; however,
323	the fees described in paragraphs (a) and (b) may not be included
324	as part of the aggregate fee subject to this cap. Vacation
325	rental Resort condominium units within separate buildings or at
326	separate locations but managed by one licensed agent may be
327	combined in a single license application, and the division shall
328	charge a license fee as if all units in the application are in a
329	single licensed establishment. Resort dwelling units may be
330	licensed in the same manner as condominium units. The fee
331	schedule shall require an establishment which applies for an
332	initial license to pay the full license fee if application is
333	made during the annual renewal period or more than 6 months
334	prior to the next such renewal period and one-half of the fee if
335	application is made 6 months or less prior to such period. The
336	fee schedule shall include fees collected for the purpose of
337	funding the Hospitality Education Program, pursuant to s.
338	509.302, which are payable in full for each application
339	regardless of when the application is submitted.
340	(a)  Upon making initial application or an application for
341	change of ownership, the applicant shall pay to the division a
342	fee as prescribed by rule, not to exceed $50, in addition to any
343	other fees required by law, which shall cover all costs
344	associated with initiating regulation of the establishment.
345	(b)  A license renewal filed with the division within 30
346	days after the expiration date shall be accompanied by a
347	delinquent fee as prescribed by rule, not to exceed $50, in
348	addition to the renewal fee and any other fees required by law.
349	A license renewal filed with the division more than 30 but not
350	more than 60 days after the expiration date shall be accompanied
351	by a delinquent fee as prescribed by rule, not to exceed $100,
352	in addition to the renewal fee and any other fees required by
353	law.
354	Section 11.  Effective upon this act becoming a law,
355	subsection (1) of section 509.261, Florida Statutes, is amended
356	to read:
357	509.261  Revocation or suspension of licenses; fines;
358	procedure.-
359	(1)  Any public lodging establishment or public food
360	service establishment that has operated or is operating in
361	violation of this chapter or the rules of the division,
362	operating without a license, or operating with a suspended or
363	revoked license may be subject by the division to:
364	(a)  Fines not to exceed $1,000 per offense;
365	(b)  Mandatory completion attendance, at personal expense,
366	of a remedial at an educational program administered sponsored
367	by a food safety training program provider whose program has
368	been approved by the division, as provided in s. 509.049 the
369	Hospitality Education Program; and
370	(c)  The suspension, revocation, or refusal of a license
371	issued pursuant to this chapter.
372	Section 12.  Effective upon this act becoming a law,
373	subsection (1) of section 509.291, Florida Statutes, is amended
374	to read:
375	509.291  Advisory council.-
376	(1)  There is created a 10-member advisory council.
377	(a)  The Secretary of Business and Professional Regulation
378	shall appoint six seven voting members to the advisory council.
379	Each member appointed by the secretary must be an operator of an
380	establishment licensed under this chapter and shall represent
381	the industries regulated by the division, except that one member
382	appointed by the secretary must be a layperson representing the
383	general public and one member must be a hospitality education
384	administrator from an institution of higher education of this
385	state. Such members of the council shall serve staggered terms
386	of 4 years.
387	(b)  The Florida Restaurant and Lodging Association shall
388	designate one representative to serve as a voting member of the
389	council. The Florida Vacation Rental Managers Association shall
390	designate one representative to serve as a voting member of the
391	council. The Florida Apartment Association and the Florida
392	Association of Realtors shall each designate one representative
393	to serve as a voting member of the council.
394	(c)  Any member who fails to attend three consecutive
395	council meetings without good cause may be removed from the
396	council by the secretary.
397	Section 13.  Effective upon this act becoming a law,
398	paragraph (c) of subsection (8) of section 381.008, Florida
399	Statutes, is amended to read:
400	381.008  Definitions of terms used in ss. 381.008-
401	381.00897.-As used in ss. 381.008-381.00897, the following words
402	and phrases mean:
403	(8)  "Residential migrant housing"-A building, structure,
404	mobile home, barracks, or dormitory, and any combination thereof
405	on adjacent property which is under the same ownership,
406	management, or control, and the land appertaining thereto, that
407	is rented or reserved for occupancy by five or more seasonal or
408	migrant farmworkers, except:
409	(c)  A hotel, or motel, or resort condominium, as described
410	defined in chapter 509, that is furnished for transient
411	occupancy.
412	Section 14.  Effective upon this act becoming a law,
413	subsection (4) of section 386.203, Florida Statutes, is amended
414	to read:
415	386.203  Definitions.-As used in this part:
416	(4)  "Designated smoking guest rooms at public lodging
417	establishments" means the sleeping rooms and directly associated
418	private areas, such as bathrooms, living rooms, and kitchen
419	areas, if any, rented to guests for their exclusive transient
420	occupancy in public lodging establishments, including hotels,
421	motels, vacation rentals resort condominiums, transient
422	apartments, transient lodging establishments, rooming houses,
423	boarding houses, resort dwellings, bed and breakfast inns, and
424	the like; and designated by the person or persons having
425	management authority over such public lodging establishment as
426	rooms in which smoking may be permitted.
427	Section 15.  The amendments to ss. 509.144 and 932.701,
428	Florida Statutes, and the creation of s. 901.1503, Florida
429	Statutes, by this act do not affect or impede the provisions of
430	s. 790.251, Florida Statutes, or any other protection or right
431	guaranteed by the Second Amendment to the United States
432	Constitution.
433	Section 16.  Except as otherwise expressly provided in this
434	act and except for this section, which shall take effect upon
435	this act becoming a law, this act shall take effect October 1,
436	2011.
437
438
439	-----------------------------------------------------
440	T I T L E  A M E N D M E N T
441	Remove lines 14-27 and insert:
442	establishment and one additional affiant sign an affidavit
443	containing information supporting the determination of
444	probable cause; amending s. 932.701, F.S.; revising the
445	definition of the term "contraband article"; amending s.
446	509.013, F.S.; excluding nonprofit organizations operating
447	facilities providing certain housing from the definition
448	of the term "public lodging establishment"; amending s.
449	509.032, F.S.; conforming provisions to changes made by
450	the act; revising authority preempted to the state with
451	regard to regulation of public lodging establishments and
452	public food service establishments; prohibiting local
453	governments from regulating, restricting, or prohibiting
454	vacation rentals based solely on their classification or
455	use; providing an exception; amending ss. 509.221 and
456	509.241, F.S.; conforming provisions to changes made by
457	the act; amending s. 509.242, F.S.; providing that public
458	lodging establishments formerly classified as resort
459	condominiums and resort dwellings are classified as
460	vacation rentals; defining the term "vacation rental";
461	amending s. 509.251, F.S.; conforming provisions to
462	changes made by the act; amending s. 509.261, F.S.;
463	revising penalties for operating a public lodging
464	establishment or public food service establishment without
465	a valid license; amending s. 509.291, F.S.; revising
466	membership of the advisory council of the Division of
467	Hotels and Restaurants of the Department of Business and
468	Professional Regulation; requiring the Florida Vacation
469	Rental Managers Association to designate a member to serve
470	on the advisory council; amending ss. 381.008 and 386.203,
471	F.S.; conforming provisions to changes made by the act;
472	providing that specified portions of this act do not
473	affect or impede specified statutory provisions or any
474	protection or right guaranteed by the Second Amendment to
475	the United States Constitution; providing effective dates.

CODING: Words stricken are deletions; words underlined are additions.