Florida Senate - 2017 SENATOR AMENDMENT
Bill No. CS/HB 425, 1st Eng.
Ì112508"Î112508
LEGISLATIVE ACTION
Senate . House
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Senator Steube moved the following:
1 Senate Substitute for Amendment (944410) (with title
2 amendment)
3
4 Delete everything after the enacting clause
5 and insert:
6 Section 1. Paragraph (b) of subsection (7) of section
7 509.032, Florida Statutes, is amended, and new paragraphs (d)
8 and (e) are added to that subsection, to read:
9 509.032 Duties.—
10 (7) PREEMPTION AUTHORITY.—
11 (b)1. A local law, ordinance, or regulation adopted or
12 amended after the effective date of this act may regulate
13 activities that arise when a property is used as a vacation
14 rental, provided such regulation applies uniformly to all
15 residential properties without regard to whether the property is
16 used as a vacation rental as defined in s. 509.242 or long-term
17 rental subject to the provisions of part II of chapter 83 or
18 whether a property owner chooses not to rent the property.
19 However, a local law, ordinance, or regulation may not prohibit
20 vacation rentals or regulate the duration or frequency of rental
21 of vacation rentals.
22 2. This paragraph does not apply to:
23 a. Any local law, ordinance, or regulation adopted on or
24 before June 1, 2011; or
25 b. Any local law, ordinance, or regulation that is being
26 amended to be less restrictive as to prohibition or to duration
27 or frequency of rental of vacation rentals, regardless of its
28 adoption date.
29 (d) Properties owned, in whole or in part, by a
30 servicemember as defined in s. 250.01 or by a disabled veteran
31 with a service-connected disability rating of 30 percent or more
32 according to the United States Department of Veterans Affairs,
33 are exempt from any local law, ordinance or regulation that
34 regulates the use of vacation rentals, including those adopted
35 prior to June 1, 2011.
36 (e) A vacation rental owner shall submit to the local
37 jurisdiction a copy of the vacation rental license required
38 under chapter 509, a copy of the certificate of registration
39 required under s. 212.18, and emergency contact information. The
40 submission of such documents and information is for
41 informational purposes only. The local jurisdiction may not
42 assess a fee for the submission.
43 Section 2. Notwithstanding s. 509.032(7)(b), Florida
44 Statutes, a municipality located on Boca Ciega Bay with a
45 population of 1,500 or less may submit an ordinance adopted by
46 the governing body of the municipality prior to 2009 for
47 ratification of the electors at a referendum. If the ordinance
48 is approved by at least two-thirds of the electors voting in the
49 referendum, the effective date of the ordinance is the date of
50 its initial adoption by the governing body of the municipality.
51 Section 3. If any provision of this act is determined
52 unconstitutional or otherwise determined invalid by a court of
53 law, all the rest and remainder of the act shall remain in full
54 force and effect as the law of this state.
55 Section 4. This act shall take effect upon becoming a law.
56
57 ================= T I T L E A M E N D M E N T ================
58 And the title is amended as follows:
59 Delete everything before the enacting clause
60 and insert:
61 A bill to be entitled
62 An act relating to vacation rentals; amending s.
63 509.032, F.S.; revising applicability for a preemption
64 of certain local laws, ordinances, or regulations
65 regarding vacation rentals; requiring a vacation
66 rental owner to submit specified documents and
67 information to the local jurisdiction; prohibiting the
68 local jurisdiction from assessing certain fees;
69 specifying that local laws, ordinances, or regulations
70 regarding vacation rentals may not prohibit
71 servicemember- or certain disabled veteran-owned
72 properties from being used as vacation rentals or
73 regulate the frequency or duration of such rentals;
74 authorizing certain ordinances of specified
75 municipalities to be submitted for ratification by
76 electors at a referendum; providing a retroactive
77 effective date for such ordinances; providing a saving
78 clause; providing an effective date.