HB 883

A bill to be entitled
2An act relating to public lodging establishments; amending
3s. 509.013, F.S.; revising definitions; amending s.
4509.032, F.S.; conforming provisions to changes made by
5the act; providing that vacation rentals are residential
6property for purposes of provisions related to the
7treatment of such properties; amending s. 509.221, F.S.;
8clarifying that vacation rentals are exempt from certain
9sanitary regulations; amending s. 509.241, F.S.;
10clarifying an exemption from licensure for condominium
11associations that do not own vacation rentals; amending s.
12509.242, F.S.; providing that public lodging
13establishments formerly classified as resort condominiums
14and resort dwellings are classified as vacation rentals;
15defining the term "vacation rental"; amending s. 509.251,
16F.S., relating to license fees; conforming provisions to
17changes made by the act; deleting an obsolete provision;
18amending s. 509.291, F.S.; increasing the membership of an
19advisory council to the Division of Hotels and Restaurants
20of the Department of Business and Professional Regulation;
21providing for the Florida Vacation Rental Managers
22Association to appoint a member to the advisory council;
23amending ss. 381.008 and 386.203, F.S.; conforming
24provisions to changes made by the act; providing an
25effective date.
27Be It Enacted by the Legislature of the State of Florida:
29     Section 1.  Paragraph (a) of subsection (4) of section
30509.013, 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
33public lodging establishment as defined in subparagraph 1. and a
34nontransient public lodging establishment as defined in
35subparagraph 2.
36     1.  "Transient public lodging establishment" means any
37unit, group of units, dwelling, building, or group of buildings
38within a single complex of buildings which is rented to guests
39more than three times in a calendar year for a period of 6
40months or less periods of less than 30 days or 1 calendar month,
41whichever is less, or which is advertised or held out to the
42public as a place regularly rented to guests.
43     2.  "Nontransient public lodging establishment" means any
44unit, group of units, dwelling, building, or group of buildings
45within a single complex of buildings which is rented to guests
46for a period of more than 6 months periods of at least 30 days
47or 1 calendar month, whichever is less, or which is advertised
48or held out to the public as a place regularly rented to guests
49for a period of more than 6 months periods of at least 30 days
50or 1 calendar month.
52License classifications of public lodging establishments, and
53the definitions therefor, are set out in s. 509.242. For the
54purpose of licensure, the term does not include condominium
55common 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.-
60     (a)  The division has responsibility and jurisdiction for
61all inspections required by this chapter. The division has
62responsibility for quality assurance. Each licensed
63establishment shall be inspected at least biannually, except for
64transient and nontransient apartments, which shall be inspected
65at least annually, and shall be inspected at such other times as
66the division determines is necessary to ensure the public's
67health, safety, and welfare. The division shall establish a
68system to determine inspection frequency. Public lodging units
69classified as vacation rentals resort condominiums or resort
70dwellings are not subject to this requirement, but shall be made
71available to the division upon request. If, during the
72inspection of a public lodging establishment classified for
73renting to transient or nontransient tenants, an inspector
74identifies vulnerable adults who appear to be victims of
75neglect, as defined in s. 415.102, or, in the case of a building
76that is not equipped with automatic sprinkler systems, tenants
77or clients who may be unable to self-preserve in an emergency,
78the division shall convene meetings with the following agencies
79as appropriate to the individual situation: the Department of
80Health, the Department of Elderly Affairs, the area agency on
81aging, the local fire marshal, the landlord and affected tenants
82and clients, and other relevant organizations, to develop a plan
83which improves the prospects for safety of affected residents
84and, if necessary, identifies alternative living arrangements
85such as facilities licensed under part II of chapter 400 or
86under chapter 429.
88     (a)  The regulation of public lodging establishments and
89public food service establishments, including, but not limited
90to, the inspection of public lodging establishments and public
91food service establishments for compliance with the sanitation
92standards adopted under this section, and the regulation of food
93safety protection standards for required training and testing of
94food service establishment personnel are preempted to the state.
95This paragraph subsection does not preempt the authority of a
96local government or local enforcement district to conduct
97inspections of public lodging and public food service
98establishments for compliance with the Florida Building Code and
99the Florida Fire Prevention Code, pursuant to ss. 553.80 and
101     (b)  Vacation rentals, as described in s. 509.242(1)(c),
102are deemed residential property. A local law, ordinance, or
103regulation may not prohibit vacation rentals or treat vacation
104rentals differently from other residential properties based
105solely on their classification, use, or occupancy.
106     Section 3.  Subsection (9) of section 509.221, Florida
107Statutes, is amended to read:
108     509.221  Sanitary regulations.-
109     (9)  Subsections (2), (5), and (6) do not apply to any
110facility or unit classified as a vacation rental or resort
111condominium, nontransient apartment, or resort dwelling as
112described in s. 509.242(1)(c), (d), and (g).
113     Section 4.  Subsection (2) of section 509.241, Florida
114Statutes, is amended to read:
115     509.241  Licenses required; exceptions.-
116     (2)  APPLICATION FOR LICENSE.-Each person who plans to open
117a public lodging establishment or a public food service
118establishment shall apply for and receive a license from the
119division prior to the commencement of operation. A condominium
120association, as defined in s. 718.103, which does not own any
121units classified as vacation rentals resort condominiums under
122s. 509.242(1)(c) is shall not be required to apply for or
123receive a public lodging establishment license.
124     Section 5.  Subsection (1) of section 509.242, Florida
125Statutes, is amended to read:
126     509.242  Public lodging establishments; classifications.-
127     (1)  A public lodging establishment shall be classified as
128a hotel, motel, resort condominium, nontransient apartment,
129transient apartment, roominghouse, bed and breakfast inn, or
130vacation rental resort dwelling if the establishment satisfies
131the following criteria:
132     (a)  Hotel.-A hotel is any public lodging establishment
133containing sleeping room accommodations for 25 or more guests
134and providing the services generally provided by a hotel and
135recognized as a hotel in the community in which it is situated
136or by the industry.
137     (b)  Motel.-A motel is any public lodging establishment
138which offers rental units with an exit to the outside of each
139rental unit, daily or weekly rates, offstreet parking for each
140unit, a central office on the property with specified hours of
141operation, a bathroom or connecting bathroom for each rental
142unit, and at least six rental units, and which is recognized as
143a motel in the community in which it is situated or by the
145     (c)  Vacation rental Resort condominium.-A vacation rental
146is any unit or group of units in a condominium, cooperative, or
147timeshare plan or any individually or collectively owned single-
148family, two-family, three-family, or four-family dwelling house
149or dwelling unit that is also a transient public lodging
150establishment. A resort condominium is any unit or group of
151units in a condominium, cooperative, or timeshare plan which is
152rented more than three times in a calendar year for periods of
153less than 30 days or 1 calendar month, whichever is less, or
154which is advertised or held out to the public as a place
155regularly rented for periods of less than 30 days or 1 calendar
156month, whichever is less.
157     (d)  Nontransient apartment or roominghouse.-A nontransient
158apartment or roominghouse is a building or complex of buildings
159in which 75 percent or more of the units are available for rent
160to nontransient tenants.
161     (e)  Transient apartment or roominghouse.-A transient
162apartment or roominghouse is a building or complex of buildings
163in which more than 25 percent of the units are advertised or
164held out to the public as available for transient occupancy.
165     (f)  Roominghouse.-A roominghouse is any public lodging
166establishment that may not be classified as a hotel, motel,  
167resort condominium, nontransient apartment, bed and breakfast
168inn, vacation rental, or transient apartment under this section.
169A roominghouse includes, but is not limited to, a boardinghouse.
170     (g)  Resort dwelling.-A resort dwelling is any individually
171or collectively owned one-family, two-family, three-family, or
172four-family dwelling house or dwelling unit which is rented more
173than three times in a calendar year for periods of less than 30
174days or 1 calendar month, whichever is less, or which is
175advertised or held out to the public as a place regularly rented
176for periods of less than 30 days or 1 calendar month, whichever
177is less.
178     (g)(h)  Bed and breakfast inn.-A bed and breakfast inn is a
179family home structure, with no more than 15 sleeping rooms,
180which has been modified to serve as a transient public lodging
181establishment, which provides the accommodation and meal
182services generally offered by a bed and breakfast inn, and which
183is recognized as a bed and breakfast inn in the community in
184which it is situated or by the hospitality industry.
185     Section 6.  Subsection (1) of section 509.251, Florida
186Statutes, is amended to read:
187     509.251  License fees.-
188     (1)  The division shall adopt, by rule, a schedule of fees
189to be paid by each public lodging establishment as a
190prerequisite to issuance or renewal of a license. Such fees
191shall be based on the number of rental units in the
192establishment. The aggregate fee per establishment charged any
193public lodging establishment shall not exceed $1,000; however,
194the fees described in paragraphs (a) and (b) may not be included
195as part of the aggregate fee subject to this cap. Vacation
196rental Resort condominium units within separate buildings or at
197separate locations but managed by one licensed agent may be
198combined in a single license application, and the division shall
199charge a license fee as if all units in the application are in a
200single licensed establishment. Resort dwelling units may be
201licensed in the same manner as condominium units. The fee
202schedule shall require an establishment which applies for an
203initial license to pay the full license fee if application is
204made during the annual renewal period or more than 6 months
205prior to the next such renewal period and one-half of the fee if
206application is made 6 months or less prior to such period. The
207fee schedule shall include fees collected for the purpose of
208funding the Hospitality Education Program, pursuant to s.
209509.302, which are payable in full for each application
210regardless of when the application is submitted.
211     (a)  Upon making initial application or an application for
212change of ownership, the applicant shall pay to the division a
213fee as prescribed by rule, not to exceed $50, in addition to any
214other fees required by law, which shall cover all costs
215associated with initiating regulation of the establishment.
216     (b)  A license renewal filed with the division within 30
217days after the expiration date shall be accompanied by a
218delinquent fee as prescribed by rule, not to exceed $50, in
219addition to the renewal fee and any other fees required by law.
220A license renewal filed with the division more than 30 but not
221more than 60 days after the expiration date shall be accompanied
222by a delinquent fee as prescribed by rule, not to exceed $100,
223in addition to the renewal fee and any other fees required by
225     Section 7.  Subsection (1) of section 509.291, Florida
226Statutes, is amended to read:
227     509.291  Advisory council.-
228     (1)  There is created an 11-member a 10-member advisory
230     (a)  The Secretary of Business and Professional Regulation
231shall appoint seven voting members to the advisory council. Each
232member appointed by the secretary must be an operator of an
233establishment licensed under this chapter and shall represent
234the industries regulated by the division, except that one member
235appointed by the secretary must be a layperson representing the
236general public and one member must be a hospitality education
237administrator from an institution of higher education of this
238state. Such members of the council shall serve staggered terms
239of 4 years.
240     (b)  The Florida Restaurant and Lodging Association shall
241designate one representative to serve as a voting member of the
242council. The Florida Vacation Rental Managers Association shall
243designate one representative to serve as a voting member of the
244council. The Florida Apartment Association and the Florida
245Association of Realtors shall each designate one representative
246to serve as a voting member of the council.
247     (c)  Any member who fails to attend three consecutive
248council meetings without good cause may be removed from the
249council by the secretary.
250     Section 8.  Paragraph (c) of subsection (8) of section
251381.008, Florida Statutes, is amended to read:
252     381.008  Definitions of terms used in ss. 381.008-
253381.00897.-As used in ss. 381.008-381.00897, the following words
254and phrases mean:
255     (8)  "Residential migrant housing"-A building, structure,
256mobile home, barracks, or dormitory, and any combination thereof
257on adjacent property which is under the same ownership,
258management, or control, and the land appertaining thereto, that
259is rented or reserved for occupancy by five or more seasonal or
260migrant farmworkers, except:
261     (c)  A hotel, or motel, or resort condominium, as described
262defined in chapter 509, that is furnished for transient
264     Section 9.  Subsection (4) of section 386.203, Florida
265Statutes, is amended to read:
266     386.203  Definitions.-As used in this part:
267     (4)  "Designated smoking guest rooms at public lodging
268establishments" means the sleeping rooms and directly associated
269private areas, such as bathrooms, living rooms, and kitchen
270areas, if any, rented to guests for their exclusive transient
271occupancy in public lodging establishments, including hotels,
272motels, vacation rentals resort condominiums, transient
273apartments, transient lodging establishments, rooming houses,
274boarding houses, resort dwellings, bed and breakfast inns, and
275the like; and designated by the person or persons having
276management authority over such public lodging establishment as
277rooms 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.