HB 883

1	A bill to be entitled
2	An act relating to public lodging establishments; amending
3	s. 509.013, F.S.; revising definitions; amending s.
4	509.032, F.S.; conforming provisions to changes made by
5	the act; providing that vacation rentals are residential
6	property for purposes of provisions related to the
7	treatment of such properties; amending s. 509.221, F.S.;
8	clarifying that vacation rentals are exempt from certain
9	sanitary regulations; amending s. 509.241, F.S.;
10	clarifying an exemption from licensure for condominium
11	associations that do not own vacation rentals; amending s.
12	509.242, F.S.; providing that public lodging
13	establishments formerly classified as resort condominiums
14	and resort dwellings are classified as vacation rentals;
15	defining the term "vacation rental"; amending s. 509.251,
16	F.S., relating to license fees; conforming provisions to
17	changes made by the act; deleting an obsolete provision;
18	amending s. 509.291, F.S.; increasing the membership of an
19	advisory council to the Division of Hotels and Restaurants
20	of the Department of Business and Professional Regulation;
21	providing for the Florida Vacation Rental Managers
22	Association to appoint a member to the advisory council;
23	amending ss. 381.008 and 386.203, F.S.; conforming
24	provisions to changes made by the act; providing an
25	effective date.
26
27	Be It Enacted by the Legislature of the State of Florida:
28
29	Section 1.  Paragraph (a) of subsection (4) of section
30	509.013, Florida Statutes, is amended to read:
31	509.013  Definitions.-As used in this chapter, the term:
32	(4)(a)  "Public lodging establishment" includes a transient
33	public lodging establishment as defined in subparagraph 1. and a
34	nontransient public lodging establishment as defined in
35	subparagraph 2.
36	1.  "Transient public lodging establishment" means any
37	unit, group of units, dwelling, building, or group of buildings
38	within a single complex of buildings which is rented to guests
39	more than three times in a calendar year for a period of 6
40	months or less periods of less than 30 days or 1 calendar month,
41	whichever is less, or which is advertised or held out to the
42	public as a place regularly rented to guests.
43	2.  "Nontransient public lodging establishment" means any
44	unit, group of units, dwelling, building, or group of buildings
45	within a single complex of buildings which is rented to guests
46	for a period of more than 6 months periods of at least 30 days
47	or 1 calendar month, whichever is less, or which is advertised
48	or held out to the public as a place regularly rented to guests
49	for a period of more than 6 months periods of at least 30 days
50	or 1 calendar month.
51
52	License classifications of public lodging establishments, and
53	the definitions therefor, are set out in s. 509.242. For the
54	purpose of licensure, the term does not include condominium
55	common elements as defined in s. 718.103.
56	Section 2.  Paragraph (a) of subsection (2) and subsection
57	(7) of section 509.032, Florida Statutes, are amended to read:
58	509.032  Duties.-
59	(2)  INSPECTION OF PREMISES.-
60	(a)  The division has responsibility and jurisdiction for
61	all inspections required by this chapter. The division has
62	responsibility for quality assurance. Each licensed
63	establishment shall be inspected at least biannually, except for
64	transient and nontransient apartments, which shall be inspected
65	at least annually, and shall be inspected at such other times as
66	the division determines is necessary to ensure the public's
67	health, safety, and welfare. The division shall establish a
68	system to determine inspection frequency. Public lodging units
69	classified as vacation rentals resort condominiums or resort
70	dwellings are not subject to this requirement, but shall be made
71	available to the division upon request. If, during the
72	inspection of a public lodging establishment classified for
73	renting to transient or nontransient tenants, an inspector
74	identifies vulnerable adults who appear to be victims of
75	neglect, as defined in s. 415.102, or, in the case of a building
76	that is not equipped with automatic sprinkler systems, tenants
77	or clients who may be unable to self-preserve in an emergency,
78	the division shall convene meetings with the following agencies
79	as appropriate to the individual situation: the Department of
80	Health, the Department of Elderly Affairs, the area agency on
81	aging, the local fire marshal, the landlord and affected tenants
82	and clients, and other relevant organizations, to develop a plan
83	which improves the prospects for safety of affected residents
84	and, if necessary, identifies alternative living arrangements
85	such as facilities licensed under part II of chapter 400 or
86	under chapter 429.
87	(7)  PREEMPTION AUTHORITY.-
88	(a)  The regulation of public lodging establishments and
89	public food service establishments, including, but not limited
90	to, the inspection of public lodging establishments and public
91	food service establishments for compliance with the sanitation
92	standards adopted under this section, and the regulation of food
93	safety protection standards for required training and testing of
94	food service establishment personnel are preempted to the state.
95	This paragraph subsection does not preempt the authority of a
96	local government or local enforcement district to conduct
97	inspections of public lodging and public food service
98	establishments for compliance with the Florida Building Code and
99	the Florida Fire Prevention Code, pursuant to ss. 553.80 and
100	633.022.
101	(b)  Vacation rentals, as described in s. 509.242(1)(c),
102	are deemed residential property. A local law, ordinance, or
103	regulation may not prohibit vacation rentals or treat vacation
104	rentals differently from other residential properties based
105	solely on their classification, use, or occupancy.
106	Section 3.  Subsection (9) of section 509.221, Florida
107	Statutes, is amended to read:
108	509.221  Sanitary regulations.-
109	(9)  Subsections (2), (5), and (6) do not apply to any
110	facility or unit classified as a vacation rental or resort
111	condominium, nontransient apartment, or resort dwelling as
112	described in s. 509.242(1)(c), (d), and (g).
113	Section 4.  Subsection (2) of section 509.241, Florida
114	Statutes, is amended to read:
115	509.241  Licenses required; exceptions.-
116	(2)  APPLICATION FOR LICENSE.-Each person who plans to open
117	a public lodging establishment or a public food service
118	establishment shall apply for and receive a license from the
119	division prior to the commencement of operation. A condominium
120	association, as defined in s. 718.103, which does not own any
121	units classified as vacation rentals resort condominiums under
122	s. 509.242(1)(c) is shall not be required to apply for or
123	receive a public lodging establishment license.
124	Section 5.  Subsection (1) of section 509.242, Florida
125	Statutes, is amended to read:
126	509.242  Public lodging establishments; classifications.-
127	(1)  A public lodging establishment shall be classified as
128	a hotel, motel, resort condominium, nontransient apartment,
129	transient apartment, roominghouse, bed and breakfast inn, or
130	vacation rental resort dwelling if the establishment satisfies
131	the following criteria:
132	(a)  Hotel.-A hotel is any public lodging establishment
133	containing sleeping room accommodations for 25 or more guests
134	and providing the services generally provided by a hotel and
135	recognized as a hotel in the community in which it is situated
136	or by the industry.
137	(b)  Motel.-A motel is any public lodging establishment
138	which offers rental units with an exit to the outside of each
139	rental unit, daily or weekly rates, offstreet parking for each
140	unit, a central office on the property with specified hours of
141	operation, a bathroom or connecting bathroom for each rental
142	unit, and at least six rental units, and which is recognized as
143	a motel in the community in which it is situated or by the
144	industry.
145	(c)  Vacation rental Resort condominium.-A vacation rental
146	is any unit or group of units in a condominium, cooperative, or
147	timeshare plan or any individually or collectively owned single-
148	family, two-family, three-family, or four-family dwelling house
149	or dwelling unit that is also a transient public lodging
150	establishment. A resort condominium is any unit or group of
151	units in a condominium, cooperative, or timeshare plan which is
152	rented more than three times in a calendar year for periods of
153	less than 30 days or 1 calendar month, whichever is less, or
154	which is advertised or held out to the public as a place
155	regularly rented for periods of less than 30 days or 1 calendar
156	month, whichever is less.
157	(d)  Nontransient apartment or roominghouse.-A nontransient
158	apartment or roominghouse is a building or complex of buildings
159	in which 75 percent or more of the units are available for rent
160	to nontransient tenants.
161	(e)  Transient apartment or roominghouse.-A transient
162	apartment or roominghouse is a building or complex of buildings
163	in which more than 25 percent of the units are advertised or
164	held out to the public as available for transient occupancy.
165	(f)  Roominghouse.-A roominghouse is any public lodging
166	establishment that may not be classified as a hotel, motel,
167	resort condominium, nontransient apartment, bed and breakfast
168	inn, vacation rental, or transient apartment under this section.
169	A roominghouse includes, but is not limited to, a boardinghouse.
170	(g)  Resort dwelling.-A resort dwelling is any individually
171	or collectively owned one-family, two-family, three-family, or
172	four-family dwelling house or dwelling unit which is rented more
173	than three times in a calendar year for periods of less than 30
174	days or 1 calendar month, whichever is less, or which is
175	advertised or held out to the public as a place regularly rented
176	for periods of less than 30 days or 1 calendar month, whichever
177	is less.
178	(g)(h)  Bed and breakfast inn.-A bed and breakfast inn is a
179	family home structure, with no more than 15 sleeping rooms,
180	which has been modified to serve as a transient public lodging
181	establishment, which provides the accommodation and meal
182	services generally offered by a bed and breakfast inn, and which
183	is recognized as a bed and breakfast inn in the community in
184	which it is situated or by the hospitality industry.
185	Section 6.  Subsection (1) of section 509.251, Florida
186	Statutes, is amended to read:
187	509.251  License fees.-
188	(1)  The division shall adopt, by rule, a schedule of fees
189	to be paid by each public lodging establishment as a
190	prerequisite to issuance or renewal of a license. Such fees
191	shall be based on the number of rental units in the
192	establishment. The aggregate fee per establishment charged any
193	public lodging establishment shall not exceed $1,000; however,
194	the fees described in paragraphs (a) and (b) may not be included
195	as part of the aggregate fee subject to this cap. Vacation
196	rental Resort condominium units within separate buildings or at
197	separate locations but managed by one licensed agent may be
198	combined in a single license application, and the division shall
199	charge a license fee as if all units in the application are in a
200	single licensed establishment. Resort dwelling units may be
201	licensed in the same manner as condominium units. The fee
202	schedule shall require an establishment which applies for an
203	initial license to pay the full license fee if application is
204	made during the annual renewal period or more than 6 months
205	prior to the next such renewal period and one-half of the fee if
206	application is made 6 months or less prior to such period. The
207	fee schedule shall include fees collected for the purpose of
208	funding the Hospitality Education Program, pursuant to s.
209	509.302, which are payable in full for each application
210	regardless of when the application is submitted.
211	(a)  Upon making initial application or an application for
212	change of ownership, the applicant shall pay to the division a
213	fee as prescribed by rule, not to exceed $50, in addition to any
214	other fees required by law, which shall cover all costs
215	associated with initiating regulation of the establishment.
216	(b)  A license renewal filed with the division within 30
217	days after the expiration date shall be accompanied by a
218	delinquent fee as prescribed by rule, not to exceed $50, in
219	addition to the renewal fee and any other fees required by law.
220	A license renewal filed with the division more than 30 but not
221	more than 60 days after the expiration date shall be accompanied
222	by a delinquent fee as prescribed by rule, not to exceed $100,
223	in addition to the renewal fee and any other fees required by
224	law.
225	Section 7.  Subsection (1) of section 509.291, Florida
226	Statutes, is amended to read:
227	509.291  Advisory council.-
228	(1)  There is created an 11-member a 10-member advisory
229	council.
230	(a)  The Secretary of Business and Professional Regulation
231	shall appoint seven voting members to the advisory council. Each
232	member appointed by the secretary must be an operator of an
233	establishment licensed under this chapter and shall represent
234	the industries regulated by the division, except that one member
235	appointed by the secretary must be a layperson representing the
236	general public and one member must be a hospitality education
237	administrator from an institution of higher education of this
238	state. Such members of the council shall serve staggered terms
239	of 4 years.
240	(b)  The Florida Restaurant and Lodging Association shall
241	designate one representative to serve as a voting member of the
242	council. The Florida Vacation Rental Managers Association shall
243	designate one representative to serve as a voting member of the
244	council. The Florida Apartment Association and the Florida
245	Association of Realtors shall each designate one representative
246	to serve as a voting member of the council.
247	(c)  Any member who fails to attend three consecutive
248	council meetings without good cause may be removed from the
249	council by the secretary.
250	Section 8.  Paragraph (c) of subsection (8) of section
251	381.008, Florida Statutes, is amended to read:
252	381.008  Definitions of terms used in ss. 381.008-
253	381.00897.-As used in ss. 381.008-381.00897, the following words
254	and phrases mean:
255	(8)  "Residential migrant housing"-A building, structure,
256	mobile home, barracks, or dormitory, and any combination thereof
257	on adjacent property which is under the same ownership,
258	management, or control, and the land appertaining thereto, that
259	is rented or reserved for occupancy by five or more seasonal or
260	migrant farmworkers, except:
261	(c)  A hotel, or motel, or resort condominium, as described
262	defined in chapter 509, that is furnished for transient
263	occupancy.
264	Section 9.  Subsection (4) of section 386.203, Florida
265	Statutes, is amended to read:
266	386.203  Definitions.-As used in this part:
267	(4)  "Designated smoking guest rooms at public lodging
268	establishments" means the sleeping rooms and directly associated
269	private areas, such as bathrooms, living rooms, and kitchen
270	areas, if any, rented to guests for their exclusive transient
271	occupancy in public lodging establishments, including hotels,
272	motels, vacation rentals resort condominiums, transient
273	apartments, transient lodging establishments, rooming houses,
274	boarding houses, resort dwellings, bed and breakfast inns, and
275	the like; and designated by the person or persons having
276	management authority over such public lodging establishment as
277	rooms in which smoking may be permitted.
278	Section 10.  This act shall take effect July 1, 2011.

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