CS/CS/HB 883

1	A bill to be entitled
2	An act relating to public lodging establishments and
3	public food service establishments; amending s. 509.032,
4	F.S.; conforming provisions to changes made by the act;
5	providing that vacation rentals are residential property
6	for purposes of provisions related to the treatment of
7	such properties; revising authority preempted to the state
8	with regard to regulation of public lodging establishments
9	and public food service establishments; amending ss.
10	509.221 and 509.241, F.S.; conforming provisions to
11	changes made by the act; amending s. 509.242, F.S.;
12	providing that public lodging establishments formerly
13	classified as resort condominiums and resort dwellings are
14	classified as vacation rentals; defining the term
15	"vacation rental"; amending s. 509.251, F.S.; conforming
16	provisions to changes made by the act; amending s.
17	509.261, F.S.; revising penalties for public lodging
18	establishments and public food service establishments
19	operating without a valid license; amending s. 509.291,
20	F.S.; revising membership of the advisory council of the
21	Division of Hotels and Restaurants of the Department of
22	Business and Professional Regulation; requiring the
23	Florida Vacation Rental Managers Association to designate
24	a member to serve on the advisory council; amending ss.
25	381.008 and 386.203, F.S.; conforming provisions to
26	changes made by the act; providing an effective date.
27
28	Be It Enacted by the Legislature of the State of Florida:
29
30	Section 1.  Paragraph (a) of subsection (2) and subsection
31	(7) of section 509.032, Florida Statutes, are amended to read:
32	509.032  Duties.-
33	(2)  INSPECTION OF PREMISES.-
34	(a)  The division has responsibility and jurisdiction for
35	all inspections required by this chapter. The division has
36	responsibility for quality assurance. Each licensed
37	establishment shall be inspected at least biannually, except for
38	transient and nontransient apartments, which shall be inspected
39	at least annually, and shall be inspected at such other times as
40	the division determines is necessary to ensure the public's
41	health, safety, and welfare. The division shall establish a
42	system to determine inspection frequency. Public lodging units
43	classified as vacation rentals resort condominiums or resort
44	dwellings are not subject to this requirement, but shall be made
45	available to the division upon request. If, during the
46	inspection of a public lodging establishment classified for
47	renting to transient or nontransient tenants, an inspector
48	identifies vulnerable adults who appear to be victims of
49	neglect, as defined in s. 415.102, or, in the case of a building
50	that is not equipped with automatic sprinkler systems, tenants
51	or clients who may be unable to self-preserve in an emergency,
52	the division shall convene meetings with the following agencies
53	as appropriate to the individual situation: the Department of
54	Health, the Department of Elderly Affairs, the area agency on
55	aging, the local fire marshal, the landlord and affected tenants
56	and clients, and other relevant organizations, to develop a plan
57	which improves the prospects for safety of affected residents
58	and, if necessary, identifies alternative living arrangements
59	such as facilities licensed under part II of chapter 400 or
60	under chapter 429.
61	(7)  PREEMPTION AUTHORITY.-
62	(a)  The regulation of public lodging establishments and
63	public food service establishments, including, but not limited
64	to, the inspection of public lodging establishments and public
65	food service establishments for compliance with the sanitation
66	standards, inspections, adopted under this section, and the
67	regulation of food safety protection standards for required
68	training and testing of food service establishment personnel,
69	and matters related to the nutritional content and marketing of
70	foods offered in such establishments, is are preempted to the
71	state. This paragraph subsection does not preempt the authority
72	of a local government or local enforcement district to conduct
73	inspections of public lodging and public food service
74	establishments for compliance with the Florida Building Code and
75	the Florida Fire Prevention Code, pursuant to ss. 553.80 and
76	633.022.
77	(b)  Notwithstanding any local law, ordinance, or
78	regulation, a vacation rental, as described in s. 509.242(1)(c),
79	is deemed residential property and may not be prohibited or
80	treated differently from other residential property based solely
81	on its classification, use, or occupancy.
82	Section 2.  Subsection (9) of section 509.221, Florida
83	Statutes, is amended to read:
84	509.221  Sanitary regulations.-
85	(9)  Subsections (2), (5), and (6) do not apply to any
86	facility or unit classified as a vacation rental or resort
87	condominium, nontransient apartment, or resort dwelling as
88	described in s. 509.242(1)(c) and, (d), and (g).
89	Section 3.  Subsection (2) of section 509.241, Florida
90	Statutes, is amended to read:
91	509.241  Licenses required; exceptions.-
92	(2)  APPLICATION FOR LICENSE.-Each person who plans to open
93	a public lodging establishment or a public food service
94	establishment shall apply for and receive a license from the
95	division prior to the commencement of operation. A condominium
96	association, as defined in s. 718.103, which does not own any
97	units classified as vacation rentals resort condominiums under
98	s. 509.242(1)(c) is shall not be required to apply for or
99	receive a public lodging establishment license.
100	Section 4.  Subsection (1) of section 509.242, Florida
101	Statutes, is amended to read:
102	509.242  Public lodging establishments; classifications.-
103	(1)  A public lodging establishment shall be classified as
104	a hotel, motel, resort condominium, nontransient apartment,
105	transient apartment, roominghouse, bed and breakfast inn, or
106	vacation rental resort dwelling if the establishment satisfies
107	the following criteria:
108	(a)  Hotel.-A hotel is any public lodging establishment
109	containing sleeping room accommodations for 25 or more guests
110	and providing the services generally provided by a hotel and
111	recognized as a hotel in the community in which it is situated
112	or by the industry.
113	(b)  Motel.-A motel is any public lodging establishment
114	which offers rental units with an exit to the outside of each
115	rental unit, daily or weekly rates, offstreet parking for each
116	unit, a central office on the property with specified hours of
117	operation, a bathroom or connecting bathroom for each rental
118	unit, and at least six rental units, and which is recognized as
119	a motel in the community in which it is situated or by the
120	industry.
121	(c)  Vacation rental Resort condominium.-A vacation rental
122	resort condominium is any unit or group of units in a
123	condominium, cooperative, or timeshare plan or any individually
124	or collectively owned single-family, two-family, or four-family
125	house or dwelling unit that is also a transient public lodging
126	establishment which is rented more than three times in a
127	calendar year for periods of less than 30 days or 1 calendar
128	month, whichever is less, or which is advertised or held out to
129	the public as a place regularly rented for periods of less than
130	30 days or 1 calendar month, whichever is less.
131	(d)  Nontransient apartment or roominghouse.-A nontransient
132	apartment or roominghouse is a building or complex of buildings
133	in which 75 percent or more of the units are available for rent
134	to nontransient tenants.
135	(e)  Transient apartment or roominghouse.-A transient
136	apartment or roominghouse is a building or complex of buildings
137	in which more than 25 percent of the units are advertised or
138	held out to the public as available for transient occupancy.
139	(f)  Roominghouse.-A roominghouse is any public lodging
140	establishment that may not be classified as a hotel, motel,
141	resort condominium, nontransient apartment, bed and breakfast
142	inn, vacation rental, or transient apartment under this section.
143	A roominghouse includes, but is not limited to, a boardinghouse.
144	(g)  Resort dwelling.-A resort dwelling is any individually
145	or collectively owned one-family, two-family, three-family, or
146	four-family dwelling house or dwelling unit which is rented more
147	than three times in a calendar year for periods of less than 30
148	days or 1 calendar month, whichever is less, or which is
149	advertised or held out to the public as a place regularly rented
150	for periods of less than 30 days or 1 calendar month, whichever
151	is less.
152	(g)(h)  Bed and breakfast inn.-A bed and breakfast inn is a
153	family home structure, with no more than 15 sleeping rooms,
154	which has been modified to serve as a transient public lodging
155	establishment, which provides the accommodation and meal
156	services generally offered by a bed and breakfast inn, and which
157	is recognized as a bed and breakfast inn in the community in
158	which it is situated or by the hospitality industry.
159	Section 5.  Subsection (1) of section 509.251, Florida
160	Statutes, is amended to read:
161	509.251  License fees.-
162	(1)  The division shall adopt, by rule, a schedule of fees
163	to be paid by each public lodging establishment as a
164	prerequisite to issuance or renewal of a license. Such fees
165	shall be based on the number of rental units in the
166	establishment. The aggregate fee per establishment charged any
167	public lodging establishment shall not exceed $1,000; however,
168	the fees described in paragraphs (a) and (b) may not be included
169	as part of the aggregate fee subject to this cap. Vacation
170	rental Resort condominium units within separate buildings or at
171	separate locations but managed by one licensed agent may be
172	combined in a single license application, and the division shall
173	charge a license fee as if all units in the application are in a
174	single licensed establishment. Resort dwelling units may be
175	licensed in the same manner as condominium units. The fee
176	schedule shall require an establishment which applies for an
177	initial license to pay the full license fee if application is
178	made during the annual renewal period or more than 6 months
179	prior to the next such renewal period and one-half of the fee if
180	application is made 6 months or less prior to such period. The
181	fee schedule shall include fees collected for the purpose of
182	funding the Hospitality Education Program, pursuant to s.
183	509.302, which are payable in full for each application
184	regardless of when the application is submitted.
185	(a)  Upon making initial application or an application for
186	change of ownership, the applicant shall pay to the division a
187	fee as prescribed by rule, not to exceed $50, in addition to any
188	other fees required by law, which shall cover all costs
189	associated with initiating regulation of the establishment.
190	(b)  A license renewal filed with the division within 30
191	days after the expiration date shall be accompanied by a
192	delinquent fee as prescribed by rule, not to exceed $50, in
193	addition to the renewal fee and any other fees required by law.
194	A license renewal filed with the division more than 30 but not
195	more than 60 days after the expiration date shall be accompanied
196	by a delinquent fee as prescribed by rule, not to exceed $100,
197	in addition to the renewal fee and any other fees required by
198	law.
199	Section 6.  Subsection (1) of section 509.261, Florida
200	Statutes, is amended to read:
201	509.261  Revocation or suspension of licenses; fines;
202	procedure.-
203	(1)  Any public lodging establishment or public food
204	service establishment that has operated or is operating in
205	violation of this chapter or the rules of the division,
206	operating without a license, or operating with a suspended or
207	revoked license may be subject by the division to:
208	(a)  Fines not to exceed $1,000 per offense;
209	(b)  Mandatory completion attendance, at personal expense,
210	of a remedial at an educational program administered sponsored
211	by a food safety training program provider approved by the
212	division, as provided in s. 509.049 the Hospitality Education
213	Program; and
214	(c)  The suspension, revocation, or refusal of a license
215	issued pursuant to this chapter.
216	Section 7.  Subsection (1) of section 509.291, Florida
217	Statutes, is amended to read:
218	509.291  Advisory council.-
219	(1)  There is created a 10-member advisory council.
220	(a)  The Secretary of Business and Professional Regulation
221	shall appoint six seven voting members to the advisory council.
222	Each member appointed by the secretary must be an operator of an
223	establishment licensed under this chapter and shall represent
224	the industries regulated by the division, except that one member
225	appointed by the secretary must be a layperson representing the
226	general public and one member must be a hospitality education
227	administrator from an institution of higher education of this
228	state. Such members of the council shall serve staggered terms
229	of 4 years.
230	(b)  The Florida Restaurant and Lodging Association shall
231	designate one representative to serve as a voting member of the
232	council. The Florida Vacation Rental Managers Association shall
233	designate one representative to serve as a voting member of the
234	council. The Florida Apartment Association and the Florida
235	Association of Realtors shall each designate one representative
236	to serve as a voting member of the council.
237	(c)  Any member who fails to attend three consecutive
238	council meetings without good cause may be removed from the
239	council by the secretary.
240	Section 8.  Paragraph (c) of subsection (8) of section
241	381.008, Florida Statutes, is amended to read:
242	381.008  Definitions of terms used in ss. 381.008-
243	381.00897.-As used in ss. 381.008-381.00897, the following words
244	and phrases mean:
245	(8)  "Residential migrant housing"-A building, structure,
246	mobile home, barracks, or dormitory, and any combination thereof
247	on adjacent property which is under the same ownership,
248	management, or control, and the land appertaining thereto, that
249	is rented or reserved for occupancy by five or more seasonal or
250	migrant farmworkers, except:
251	(c)  A hotel, or motel, or resort condominium, as described
252	defined in chapter 509, that is furnished for transient
253	occupancy.
254	Section 9.  Subsection (4) of section 386.203, Florida
255	Statutes, is amended to read:
256	386.203  Definitions.-As used in this part:
257	(4)  "Designated smoking guest rooms at public lodging
258	establishments" means the sleeping rooms and directly associated
259	private areas, such as bathrooms, living rooms, and kitchen
260	areas, if any, rented to guests for their exclusive transient
261	occupancy in public lodging establishments, including hotels,
262	motels, vacation rentals resort condominiums, transient
263	apartments, transient lodging establishments, rooming houses,
264	boarding houses, resort dwellings, bed and breakfast inns, and
265	the like; and designated by the person or persons having
266	management authority over such public lodging establishment as
267	rooms in which smoking may be permitted.
268	Section 10.  This act shall take effect July 1, 2011.

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