SB 356                                           First Engrossed
       
       
       
       
       
       
       
       
       2014356e1
       
    1                        A bill to be entitled                      
    2         An act relating to the regulation of public lodging
    3         establishments and public food service establishments;
    4         amending s. 509.032, F.S.; prohibiting a local law,
    5         ordinance, or regulation from limiting the frequency
    6         of rentals or setting a minimum stay requirement for a
    7         vacation rental of greater than 7 days; providing an
    8         exception for certain laws, ordinances, or
    9         regulations; removing the preemption preventing local
   10         laws, ordinances, or regulations from regulating the
   11         use of vacation rentals based solely on their
   12         classification, use, or occupancy; providing an
   13         effective date.
   14          
   15  Be It Enacted by the Legislature of the State of Florida:
   16  
   17         Section 1. Subsection (7) of section 509.032, Florida
   18  Statutes, is amended to read:
   19         509.032 Duties.—
   20         (7) PREEMPTION AUTHORITY.—
   21         (a) The regulation of public lodging establishments and
   22  public food service establishments, including, but not limited
   23  to, sanitation standards, inspections, training and testing of
   24  personnel, and matters related to the nutritional content and
   25  marketing of foods offered in such establishments, is preempted
   26  to the state. This subsection paragraph does not preempt the
   27  authority of a local government or local enforcement district to
   28  conduct inspections of public lodging and public food service
   29  establishments for compliance with the Florida Building Code and
   30  the Florida Fire Prevention Code, pursuant to ss. 553.80 and
   31  633.206. A local law, ordinance, or regulation may not limit the
   32  frequency of rentals or set a minimum stay requirement for a
   33  vacation rental of greater than 7 days. This subsection does not
   34  apply to any local law, ordinance, or regulation adopted on or
   35  before June 1, 2011.
   36         (b) A local law, ordinance, or regulation may not restrict
   37  the use of vacation rentals, prohibit vacation rentals, or
   38  regulate vacation rentals based solely on their classification,
   39  use, or occupancy. This paragraph does not apply to any local
   40  law, ordinance, or regulation adopted on or before June 1, 2011.
   41         (c) Paragraph (b) does not apply to any local law,
   42  ordinance, or regulation exclusively relating to property
   43  valuation as a criterion for vacation rental if the local law,
   44  ordinance, or regulation is required to be approved by the state
   45  land planning agency pursuant to an area of critical state
   46  concern designation.
   47         Section 2. This act shall take effect July 1, 2014.