CS/CS/HB 883

A bill to be entitled
2An act relating to public lodging establishments and
3public food service establishments; amending s. 509.032,
4F.S.; conforming provisions to changes made by the act;
5providing that vacation rentals are residential property
6for purposes of provisions related to the treatment of
7such properties; revising authority preempted to the state
8with regard to regulation of public lodging establishments
9and public food service establishments; amending ss.
10509.221 and 509.241, F.S.; conforming provisions to
11changes made by the act; amending s. 509.242, F.S.;
12providing that public lodging establishments formerly
13classified as resort condominiums and resort dwellings are
14classified as vacation rentals; defining the term
15"vacation rental"; amending s. 509.251, F.S.; conforming
16provisions to changes made by the act; amending s.
17509.261, F.S.; revising penalties for public lodging
18establishments and public food service establishments
19operating without a valid license; amending s. 509.291,
20F.S.; revising membership of the advisory council of the
21Division of Hotels and Restaurants of the Department of
22Business and Professional Regulation; requiring the
23Florida Vacation Rental Managers Association to designate
24a member to serve on the advisory council; amending ss.
25381.008 and 386.203, F.S.; conforming provisions to
26changes made by the act; providing an effective date.
28Be It Enacted by the Legislature of the State of Florida:
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.-
34     (a)  The division has responsibility and jurisdiction for
35all inspections required by this chapter. The division has
36responsibility for quality assurance. Each licensed
37establishment shall be inspected at least biannually, except for
38transient and nontransient apartments, which shall be inspected
39at least annually, and shall be inspected at such other times as
40the division determines is necessary to ensure the public's
41health, safety, and welfare. The division shall establish a
42system to determine inspection frequency. Public lodging units
43classified as vacation rentals resort condominiums or resort
44dwellings are not subject to this requirement, but shall be made
45available to the division upon request. If, during the
46inspection of a public lodging establishment classified for
47renting to transient or nontransient tenants, an inspector
48identifies vulnerable adults who appear to be victims of
49neglect, as defined in s. 415.102, or, in the case of a building
50that is not equipped with automatic sprinkler systems, tenants
51or clients who may be unable to self-preserve in an emergency,
52the division shall convene meetings with the following agencies
53as appropriate to the individual situation: the Department of
54Health, the Department of Elderly Affairs, the area agency on
55aging, the local fire marshal, the landlord and affected tenants
56and clients, and other relevant organizations, to develop a plan
57which improves the prospects for safety of affected residents
58and, if necessary, identifies alternative living arrangements
59such as facilities licensed under part II of chapter 400 or
60under chapter 429.
62     (a)  The regulation of public lodging establishments and
63public food service establishments, including, but not limited
64to, the inspection of public lodging establishments and public
65food service establishments for compliance with the sanitation
66standards, inspections, adopted under this section, and the
67regulation of food safety protection standards for required
68training and testing of food service establishment personnel,
69and matters related to the nutritional content and marketing of
70foods offered in such establishments, is are preempted to the
71state. This paragraph subsection does not preempt the authority
72of a local government or local enforcement district to conduct
73inspections of public lodging and public food service
74establishments for compliance with the Florida Building Code and
75the Florida Fire Prevention Code, pursuant to ss. 553.80 and
77     (b)  Notwithstanding any local law, ordinance, or
78regulation, a vacation rental, as described in s. 509.242(1)(c),
79is deemed residential property and may not be prohibited or
80treated differently from other residential property based solely
81on its classification, use, or occupancy.
82     Section 2.  Subsection (9) of section 509.221, Florida
83Statutes, is amended to read:
84     509.221  Sanitary regulations.-
85     (9)  Subsections (2), (5), and (6) do not apply to any
86facility or unit classified as a vacation rental or resort
87condominium, nontransient apartment, or resort dwelling as
88described in s. 509.242(1)(c) and, (d), and (g).
89     Section 3.  Subsection (2) of section 509.241, Florida
90Statutes, is amended to read:
91     509.241  Licenses required; exceptions.-
92     (2)  APPLICATION FOR LICENSE.-Each person who plans to open
93a public lodging establishment or a public food service
94establishment shall apply for and receive a license from the
95division prior to the commencement of operation. A condominium
96association, as defined in s. 718.103, which does not own any
97units classified as vacation rentals resort condominiums under
98s. 509.242(1)(c) is shall not be required to apply for or
99receive a public lodging establishment license.
100     Section 4.  Subsection (1) of section 509.242, Florida
101Statutes, is amended to read:
102     509.242  Public lodging establishments; classifications.-
103     (1)  A public lodging establishment shall be classified as
104a hotel, motel, resort condominium, nontransient apartment,
105transient apartment, roominghouse, bed and breakfast inn, or
106vacation rental resort dwelling if the establishment satisfies
107the following criteria:
108     (a)  Hotel.-A hotel is any public lodging establishment
109containing sleeping room accommodations for 25 or more guests
110and providing the services generally provided by a hotel and
111recognized as a hotel in the community in which it is situated
112or by the industry.
113     (b)  Motel.-A motel is any public lodging establishment
114which offers rental units with an exit to the outside of each
115rental unit, daily or weekly rates, offstreet parking for each
116unit, a central office on the property with specified hours of
117operation, a bathroom or connecting bathroom for each rental
118unit, and at least six rental units, and which is recognized as
119a motel in the community in which it is situated or by the
121     (c)  Vacation rental Resort condominium.-A vacation rental
122resort condominium is any unit or group of units in a
123condominium, cooperative, or timeshare plan or any individually
124or collectively owned single-family, two-family, or four-family
125house or dwelling unit that is also a transient public lodging
126establishment which is rented more than three times in a
127calendar year for periods of less than 30 days or 1 calendar
128month, whichever is less, or which is advertised or held out to
129the public as a place regularly rented for periods of less than
13030 days or 1 calendar month, whichever is less.
131     (d)  Nontransient apartment or roominghouse.-A nontransient
132apartment or roominghouse is a building or complex of buildings
133in which 75 percent or more of the units are available for rent
134to nontransient tenants.
135     (e)  Transient apartment or roominghouse.-A transient
136apartment or roominghouse is a building or complex of buildings
137in which more than 25 percent of the units are advertised or
138held out to the public as available for transient occupancy.
139     (f)  Roominghouse.-A roominghouse is any public lodging
140establishment that may not be classified as a hotel, motel,
141resort condominium, nontransient apartment, bed and breakfast
142inn, vacation rental, or transient apartment under this section.
143A roominghouse includes, but is not limited to, a boardinghouse.
144     (g)  Resort dwelling.-A resort dwelling is any individually
145or collectively owned one-family, two-family, three-family, or
146four-family dwelling house or dwelling unit which is rented more
147than three times in a calendar year for periods of less than 30
148days or 1 calendar month, whichever is less, or which is
149advertised or held out to the public as a place regularly rented
150for periods of less than 30 days or 1 calendar month, whichever
151is less.
152     (g)(h)  Bed and breakfast inn.-A bed and breakfast inn is a
153family home structure, with no more than 15 sleeping rooms,
154which has been modified to serve as a transient public lodging
155establishment, which provides the accommodation and meal
156services generally offered by a bed and breakfast inn, and which
157is recognized as a bed and breakfast inn in the community in
158which it is situated or by the hospitality industry.
159     Section 5.  Subsection (1) of section 509.251, Florida
160Statutes, is amended to read:
161     509.251  License fees.-
162     (1)  The division shall adopt, by rule, a schedule of fees
163to be paid by each public lodging establishment as a
164prerequisite to issuance or renewal of a license. Such fees
165shall be based on the number of rental units in the
166establishment. The aggregate fee per establishment charged any
167public lodging establishment shall not exceed $1,000; however,
168the fees described in paragraphs (a) and (b) may not be included
169as part of the aggregate fee subject to this cap. Vacation
170rental Resort condominium units within separate buildings or at
171separate locations but managed by one licensed agent may be
172combined in a single license application, and the division shall
173charge a license fee as if all units in the application are in a
174single licensed establishment. Resort dwelling units may be
175licensed in the same manner as condominium units. The fee
176schedule shall require an establishment which applies for an
177initial license to pay the full license fee if application is
178made during the annual renewal period or more than 6 months
179prior to the next such renewal period and one-half of the fee if
180application is made 6 months or less prior to such period. The
181fee schedule shall include fees collected for the purpose of
182funding the Hospitality Education Program, pursuant to s.
183509.302, which are payable in full for each application
184regardless of when the application is submitted.
185     (a)  Upon making initial application or an application for
186change of ownership, the applicant shall pay to the division a
187fee as prescribed by rule, not to exceed $50, in addition to any
188other fees required by law, which shall cover all costs
189associated with initiating regulation of the establishment.
190     (b)  A license renewal filed with the division within 30
191days after the expiration date shall be accompanied by a
192delinquent fee as prescribed by rule, not to exceed $50, in
193addition to the renewal fee and any other fees required by law.
194A license renewal filed with the division more than 30 but not
195more than 60 days after the expiration date shall be accompanied
196by a delinquent fee as prescribed by rule, not to exceed $100,
197in addition to the renewal fee and any other fees required by
199     Section 6.  Subsection (1) of section 509.261, Florida
200Statutes, is amended to read:
201     509.261  Revocation or suspension of licenses; fines;
203     (1)  Any public lodging establishment or public food
204service establishment that has operated or is operating in
205violation of this chapter or the rules of the division,
206operating without a license, or operating with a suspended or
207revoked 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,
210of a remedial at an educational program administered sponsored
211by a food safety training program provider approved by the
212division, as provided in s. 509.049 the Hospitality Education
213Program; and
214     (c)  The suspension, revocation, or refusal of a license
215issued pursuant to this chapter.
216     Section 7.  Subsection (1) of section 509.291, Florida
217Statutes, 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
221shall appoint six seven voting members to the advisory council.
222Each member appointed by the secretary must be an operator of an
223establishment licensed under this chapter and shall represent
224the industries regulated by the division, except that one member
225appointed by the secretary must be a layperson representing the
226general public and one member must be a hospitality education
227administrator from an institution of higher education of this
228state. Such members of the council shall serve staggered terms
229of 4 years.
230     (b)  The Florida Restaurant and Lodging Association shall
231designate one representative to serve as a voting member of the
232council. The Florida Vacation Rental Managers Association shall
233designate one representative to serve as a voting member of the
234council. The Florida Apartment Association and the Florida
235Association of Realtors shall each designate one representative
236to serve as a voting member of the council.
237     (c)  Any member who fails to attend three consecutive
238council meetings without good cause may be removed from the
239council by the secretary.
240     Section 8.  Paragraph (c) of subsection (8) of section
241381.008, Florida Statutes, is amended to read:
242     381.008  Definitions of terms used in ss. 381.008-
243381.00897.-As used in ss. 381.008-381.00897, the following words
244and phrases mean:
245     (8)  "Residential migrant housing"-A building, structure,
246mobile home, barracks, or dormitory, and any combination thereof
247on adjacent property which is under the same ownership,
248management, or control, and the land appertaining thereto, that
249is rented or reserved for occupancy by five or more seasonal or
250migrant farmworkers, except:
251     (c)  A hotel, or motel, or resort condominium, as described
252defined in chapter 509, that is furnished for transient
254     Section 9.  Subsection (4) of section 386.203, Florida
255Statutes, is amended to read:
256     386.203  Definitions.-As used in this part:
257     (4)  "Designated smoking guest rooms at public lodging
258establishments" means the sleeping rooms and directly associated
259private areas, such as bathrooms, living rooms, and kitchen
260areas, if any, rented to guests for their exclusive transient
261occupancy in public lodging establishments, including hotels,
262motels, vacation rentals resort condominiums, transient
263apartments, transient lodging establishments, rooming houses,
264boarding houses, resort dwellings, bed and breakfast inns, and
265the like; and designated by the person or persons having
266management authority over such public lodging establishment as
267rooms 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.