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 paragraphdoes 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 restrict37 the use of vacation rentals, prohibit vacation rentals, or38 regulate vacation rentals based solely on their classification,39 use, or occupancy. This paragraph does not apply to any local40 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 property43 valuation as a criterion for vacation rental if the local law,44 ordinance, or regulation is required to be approved by the state45 land planning agency pursuant to an area of critical state46 concern designation.47 Section 2. This act shall take effect July 1, 2014.