CS/HB 883

A bill to be entitled
2An act relating to public lodging establishments; amending
3s. 509.032, F.S.; conforming provisions to changes made by
4the act; providing that vacation rentals are residential
5property for purposes of provisions related to the
6treatment of such properties; amending ss. 509.221 and
7509.241, F.S.; conforming provisions to changes made by
8the act; amending s. 509.242, F.S.; providing that public
9lodging establishments formerly classified as resort
10condominiums and resort dwellings are classified as
11vacation rentals; defining the term "vacation rental";
12amending s. 509.251, F.S.; conforming provisions to
13changes made by the act; amending s. 509.291, F.S.;
14revising membership of the advisory council of the
15Division of Hotels and Restaurants of the Department of
16Business and Professional Regulation; requiring the
17Florida Vacation Rental Managers Association to designate
18a member to serve on the advisory council; amending ss.
19381.008 and 386.203, F.S.; conforming provisions to
20changes made by the act; providing an effective date.
22Be It Enacted by the Legislature of the State of Florida:
24     Section 1.  Paragraph (a) of subsection (2) and subsection
25(7) of section 509.032, Florida Statutes, are amended to read:
26     509.032  Duties.-
28     (a)  The division has responsibility and jurisdiction for
29all inspections required by this chapter. The division has
30responsibility for quality assurance. Each licensed
31establishment shall be inspected at least biannually, except for
32transient and nontransient apartments, which shall be inspected
33at least annually, and shall be inspected at such other times as
34the division determines is necessary to ensure the public's
35health, safety, and welfare. The division shall establish a
36system to determine inspection frequency. Public lodging units
37classified as vacation rentals resort condominiums or resort
38dwellings are not subject to this requirement, but shall be made
39available to the division upon request. If, during the
40inspection of a public lodging establishment classified for
41renting to transient or nontransient tenants, an inspector
42identifies vulnerable adults who appear to be victims of
43neglect, as defined in s. 415.102, or, in the case of a building
44that is not equipped with automatic sprinkler systems, tenants
45or clients who may be unable to self-preserve in an emergency,
46the division shall convene meetings with the following agencies
47as appropriate to the individual situation: the Department of
48Health, the Department of Elderly Affairs, the area agency on
49aging, the local fire marshal, the landlord and affected tenants
50and clients, and other relevant organizations, to develop a plan
51which improves the prospects for safety of affected residents
52and, if necessary, identifies alternative living arrangements
53such as facilities licensed under part II of chapter 400 or
54under chapter 429.
56     (a)  The regulation of public lodging establishments and
57public food service establishments, including, but not limited
58to, the inspection of public lodging establishments and public
59food service establishments for compliance with the sanitation
60standards adopted under this section, and the regulation of food
61safety protection standards for required training and testing of
62food service establishment personnel are preempted to the state.
63This paragraph subsection does not preempt the authority of a
64local government or local enforcement district to conduct
65inspections of public lodging and public food service
66establishments for compliance with the Florida Building Code and
67the Florida Fire Prevention Code, pursuant to ss. 553.80 and
69     (b)  Notwithstanding any local law, ordinance, or
70regulation, a vacation rental, as described in s. 509.242(1)(c),
71is deemed residential property and may not be prohibited or
72treated differently than other residential property based solely
73on its classification, use, or occupancy.
74     Section 2.  Subsection (9) of section 509.221, Florida
75Statutes, is amended to read:
76     509.221  Sanitary regulations.-
77     (9)  Subsections (2), (5), and (6) do not apply to any
78facility or unit classified as a vacation rental or resort
79condominium, nontransient apartment, or resort dwelling as
80described in s. 509.242(1)(c) and, (d), and (g).
81     Section 3.  Subsection (2) of section 509.241, Florida
82Statutes, is amended to read:
83     509.241  Licenses required; exceptions.-
84     (2)  APPLICATION FOR LICENSE.-Each person who plans to open
85a public lodging establishment or a public food service
86establishment shall apply for and receive a license from the
87division prior to the commencement of operation. A condominium
88association, as defined in s. 718.103, which does not own any
89units classified as vacation rentals resort condominiums under
90s. 509.242(1)(c) is shall not be required to apply for or
91receive a public lodging establishment license.
92     Section 4.  Subsection (1) of section 509.242, Florida
93Statutes, is amended to read:
94     509.242  Public lodging establishments; classifications.-
95     (1)  A public lodging establishment shall be classified as
96a hotel, motel, resort condominium, nontransient apartment,
97transient apartment, roominghouse, bed and breakfast inn, or
98vacation rental resort dwelling if the establishment satisfies
99the following criteria:
100     (a)  Hotel.-A hotel is any public lodging establishment
101containing sleeping room accommodations for 25 or more guests
102and providing the services generally provided by a hotel and
103recognized as a hotel in the community in which it is situated
104or by the industry.
105     (b)  Motel.-A motel is any public lodging establishment
106which offers rental units with an exit to the outside of each
107rental unit, daily or weekly rates, offstreet parking for each
108unit, a central office on the property with specified hours of
109operation, a bathroom or connecting bathroom for each rental
110unit, and at least six rental units, and which is recognized as
111a motel in the community in which it is situated or by the
113     (c)  Vacation rental Resort condominium.-A vacation rental
114resort condominium is any unit or group of units in a
115condominium, cooperative, or timeshare plan or any individually
116or collectively owned single-family, two-family, or four-family
117house or dwelling unit that is also a transient public lodging
118establishment which is rented more than three times in a
119calendar year for periods of less than 30 days or 1 calendar
120month, whichever is less, or which is advertised or held out to
121the public as a place regularly rented for periods of less than
12230 days or 1 calendar month, whichever is less.
123     (d)  Nontransient apartment or roominghouse.-A nontransient
124apartment or roominghouse is a building or complex of buildings
125in which 75 percent or more of the units are available for rent
126to nontransient tenants.
127     (e)  Transient apartment or roominghouse.-A transient
128apartment or roominghouse is a building or complex of buildings
129in which more than 25 percent of the units are advertised or
130held out to the public as available for transient occupancy.
131     (f)  Roominghouse.-A roominghouse is any public lodging
132establishment that may not be classified as a hotel, motel,
133resort condominium, nontransient apartment, bed and breakfast
134inn, vacation rental, or transient apartment under this section.
135A roominghouse includes, but is not limited to, a boardinghouse.
136     (g)  Resort dwelling.-A resort dwelling is any individually
137or collectively owned one-family, two-family, three-family, or
138four-family dwelling house or dwelling unit which is rented more
139than three times in a calendar year for periods of less than 30
140days or 1 calendar month, whichever is less, or which is
141advertised or held out to the public as a place regularly rented
142for periods of less than 30 days or 1 calendar month, whichever
143is less.
144     (g)(h)  Bed and breakfast inn.-A bed and breakfast inn is a
145family home structure, with no more than 15 sleeping rooms,
146which has been modified to serve as a transient public lodging
147establishment, which provides the accommodation and meal
148services generally offered by a bed and breakfast inn, and which
149is recognized as a bed and breakfast inn in the community in
150which it is situated or by the hospitality industry.
151     Section 5.  Subsection (1) of section 509.251, Florida
152Statutes, is amended to read:
153     509.251  License fees.-
154     (1)  The division shall adopt, by rule, a schedule of fees
155to be paid by each public lodging establishment as a
156prerequisite to issuance or renewal of a license. Such fees
157shall be based on the number of rental units in the
158establishment. The aggregate fee per establishment charged any
159public lodging establishment shall not exceed $1,000; however,
160the fees described in paragraphs (a) and (b) may not be included
161as part of the aggregate fee subject to this cap. Vacation
162rental Resort condominium units within separate buildings or at
163separate locations but managed by one licensed agent may be
164combined in a single license application, and the division shall
165charge a license fee as if all units in the application are in a
166single licensed establishment. Resort dwelling units may be
167licensed in the same manner as condominium units. The fee
168schedule shall require an establishment which applies for an
169initial license to pay the full license fee if application is
170made during the annual renewal period or more than 6 months
171prior to the next such renewal period and one-half of the fee if
172application is made 6 months or less prior to such period. The
173fee schedule shall include fees collected for the purpose of
174funding the Hospitality Education Program, pursuant to s.
175509.302, which are payable in full for each application
176regardless of when the application is submitted.
177     (a)  Upon making initial application or an application for
178change of ownership, the applicant shall pay to the division a
179fee as prescribed by rule, not to exceed $50, in addition to any
180other fees required by law, which shall cover all costs
181associated with initiating regulation of the establishment.
182     (b)  A license renewal filed with the division within 30
183days after the expiration date shall be accompanied by a
184delinquent fee as prescribed by rule, not to exceed $50, in
185addition to the renewal fee and any other fees required by law.
186A license renewal filed with the division more than 30 but not
187more than 60 days after the expiration date shall be accompanied
188by a delinquent fee as prescribed by rule, not to exceed $100,
189in addition to the renewal fee and any other fees required by
191     Section 6.  Subsection (1) of section 509.291, Florida
192Statutes, is amended to read:
193     509.291  Advisory council.-
194     (1)  There is created a 10-member advisory council.
195     (a)  The Secretary of Business and Professional Regulation
196shall appoint six seven voting members to the advisory council.
197Each member appointed by the secretary must be an operator of an
198establishment licensed under this chapter and shall represent
199the industries regulated by the division, except that one member
200appointed by the secretary must be a layperson representing the
201general public and one member must be a hospitality education
202administrator from an institution of higher education of this
203state. Such members of the council shall serve staggered terms
204of 4 years.
205     (b)  The Florida Restaurant and Lodging Association shall
206designate one representative to serve as a voting member of the
207council. The Florida Vacation Rental Managers Association shall
208designate one representative to serve as a voting member of the
209council. The Florida Apartment Association and the Florida
210Association of Realtors shall each designate one representative
211to serve as a voting member of the council.
212     (c)  Any member who fails to attend three consecutive
213council meetings without good cause may be removed from the
214council by the secretary.
215     Section 7.  Paragraph (c) of subsection (8) of section
216381.008, Florida Statutes, is amended to read:
217     381.008  Definitions of terms used in ss. 381.008-
218381.00897.-As used in ss. 381.008-381.00897, the following words
219and phrases mean:
220     (8)  "Residential migrant housing"-A building, structure,
221mobile home, barracks, or dormitory, and any combination thereof
222on adjacent property which is under the same ownership,
223management, or control, and the land appertaining thereto, that
224is rented or reserved for occupancy by five or more seasonal or
225migrant farmworkers, except:
226     (c)  A hotel, or motel, or resort condominium, as described
227defined in chapter 509, that is furnished for transient
229     Section 8.  Subsection (4) of section 386.203, Florida
230Statutes, is amended to read:
231     386.203  Definitions.-As used in this part:
232     (4)  "Designated smoking guest rooms at public lodging
233establishments" means the sleeping rooms and directly associated
234private areas, such as bathrooms, living rooms, and kitchen
235areas, if any, rented to guests for their exclusive transient
236occupancy in public lodging establishments, including hotels,
237motels, vacation rentals resort condominiums, transient
238apartments, transient lodging establishments, rooming houses,
239boarding houses, resort dwellings, bed and breakfast inns, and
240the like; and designated by the person or persons having
241management authority over such public lodging establishment as
242rooms in which smoking may be permitted.
243     Section 9.  This act shall take effect July 1, 2011.

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