Florida Senate - 2017 SENATOR AMENDMENT
Bill No. CS/HB 425, 1st Eng.
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LEGISLATIVE ACTION
Senate . House
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Senator Steube moved the following:
1 Senate Amendment to Amendment (912992) (with directory and
2 title amendments)
3
4 Delete lines 10 - 36
5 and insert:
6 (b)1. A local law, ordinance, or regulation adopted or
7 amended after the effective date of this act may regulate
8 activities that arise when a property is used as a vacation
9 rental, provided such regulation applies uniformly to all
10 residential properties without regard to whether the property is
11 used as a vacation rental as defined in s. 509.242 or long-term
12 rental subject to the provisions of part II of chapter 83 or
13 whether a property owner chooses not to rent the property.
14 However, a local law, ordinance, or regulation may not prohibit
15 vacation rentals or regulate the duration or frequency of rental
16 of vacation rentals.
17 2. This paragraph does not apply to:
18 a. Any local law, ordinance, or regulation adopted on or
19 before June 1, 2011; or
20 b. Any local law, ordinance, or regulation that is being
21 amended to be less restrictive as to prohibition or to duration
22 or frequency of rental of vacation rentals, regardless of its
23 adoption date.
24 (d) Properties owned, in whole or in part, by a
25 servicemember as defined in s. 250.01 or by a disabled veteran
26 with a service-connected disability rating of 30 percent or more
27 according to the United States Department of Veterans Affairs,
28 are exempt from any local law, ordinance or regulation that
29 regulates the use of vacation rentals, including those adopted
30 prior to June 1, 2011.
31 (e) A vacation rental owner shall submit to the local
32 jurisdiction a copy of the vacation rental license required
33 under chapter 509, a copy of the certificate of registration
34 required under s. 212.18, and emergency contact information. The
35 submission of such documents and information is for
36 informational purposes only. The local jurisdiction may not
37 assess a fee for the submission.
38 Section 2. Notwithstanding s. 509.032(7)(b), Florida
39 Statutes, a municipality located on Boca Ciega Bay with a
40 population of 1,500 or less may submit an ordinance adopted by
41 the governing body of the municipality prior to 2009 for
42 ratification of the electors at a referendum. If the ordinance
43 is approved by at least two-thirds of the electors voting in the
44 referendum, the effective date of the ordinance is the date of
45 its initial adoption by the governing body of the municipality.
46 Section 3. If any provision of this act is determined
47 unconstitutional or otherwise determined invalid by a court of
48 law, all the rest and remainder of the act shall remain in full
49 force and effect as the law of this state.
50
51 ====== D I R E C T O R Y C L A U S E A M E N D M E N T ======
52 And the directory clause is amended as follows:
53 Delete lines 6 - 7
54 and insert:
55 Section 1. Paragraph (b) of subsection (7) of section
56 509.032, Florida Statutes, is amended, and new paragraphs (d)
57 and (e) are added to that subsection, to read:
58
59 ================= T I T L E A M E N D M E N T ================
60 And the title is amended as follows:
61 Delete lines 47 - 52
62 and insert:
63 regarding vacation rentals; requiring a vacation
64 rental owner to submit specified documents and
65 information to the local jurisdiction; prohibiting the
66 local jurisdiction from assessing certain fees;
67 specifying that local laws, ordinances, or regulations
68 regarding vacation rentals may not prohibit
69 servicemember- or certain disabled veteran-owned
70 properties from being used as vacation rentals or
71 regulate the frequency or duration of such rentals;
72 authorizing certain ordinances of specified
73 municipalities to be submitted for ratification by
74 electors at a referendum; providing a retroactive
75 effective date for such ordinances; providing a saving
76 clause;