Florida Senate - 2018                        COMMITTEE AMENDMENT
       Bill No. PCS (660498) for SB 1400
       
       
       
       
       
       
                                Ì677376QÎ677376                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  02/01/2018           .                                
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       The Committee on Community Affairs (Steube) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete lines 101 - 1322
    4  and insert:
    5  consisting of ss. 509.601-509.609, Florida Statutes, to be
    6  entitled “Vacation Rentals.”
    7         Section 2. Section 509.601, Florida Statutes, is created to
    8  read:
    9         509.601Short title.—This part may be cited as the “Florida
   10  Vacation Rental Act.”
   11         Section 3. Section 509.603, Florida Statutes, is created to
   12  read:
   13         509.603 Legislative findings and purpose; preemption of
   14  subject matter; duties.—
   15         (1) The Legislature finds that:
   16         (a)Property owners who choose to use their property as a
   17  vacation rental have constitutionally protected property rights
   18  and other rights that must be protected, including the right to
   19  use their residential property as a vacation rental;
   20         (b)Vacation rentals play a significant, unique, and
   21  critical role in Florida’s tourism industry, and that role is
   22  different from that of public lodging establishments;
   23         (c)There are factors unique to the ownership and operation
   24  of a vacation rental; and
   25         (d)Vacation rentals are residential in nature and, thus,
   26  belong in residential neighborhoods.
   27         (2)This part is created for the purpose of regulating the
   28  factors unique to vacation rentals. The applicable provisions of
   29  part I of this chapter are hereby deemed incorporated into this
   30  part.
   31         (3) All regulation of vacation rentals is preempted to the
   32  state unless otherwise provided for in this chapter.
   33         (4)The division has the authority to carry out this
   34  chapter.
   35         (5)The division shall adopt rules pursuant to ss.
   36  120.536(1) and 120.54 to implement this part.
   37         (6) If any provision of this part is held invalid, it is
   38  the legislative intent that the preemption by this section be no
   39  longer applicable to the provision of the part held invalid.
   40         Section 4. Section 509.604, Florida Statutes, is created to
   41  read:
   42         509.604 Licenses required; exceptions.
   43         (1)PREEMPTION.—All licensing of vacation rentals is
   44  preempted to the state.
   45         (2)LICENSES; ANNUAL RENEWALS.—Each vacation rental shall
   46  obtain a license from the division. Such license may not be
   47  transferred from one place or individual to another. It shall be
   48  a misdemeanor of the second degree, punishable as provided in s.
   49  775.082 or s. 775.083, for such a rental to operate without a
   50  license. Local law enforcement shall provide immediate
   51  assistance in pursuing an illegally operating vacation rental.
   52  The division may refuse to issue a license, or a renewal
   53  thereof, to any vacation rental of an operator of which, within
   54  the preceding 5 years, has been adjudicated guilty of, or has
   55  forfeited a bond when charged with, any crime reflecting on
   56  professional character, including soliciting for prostitution,
   57  pandering, letting premises for prostitution, keeping a
   58  disorderly place, or illegally dealing in controlled substances
   59  as defined in chapter 893, whether in this state or in any other
   60  jurisdiction within the United States, or has had a license
   61  denied, revoked, or suspended pursuant to s. 429.14. Licenses
   62  must be renewed annually, and the division shall adopt a rule
   63  establishing a staggered schedule for license renewals. If any
   64  license expires while administrative charges are pending against
   65  the license, the proceedings against the license shall continue
   66  to conclusion as if the license were still in effect.
   67         (3)APPLICATION FOR LICENSE.—Each person intending to use
   68  his or her property as a vacation rental must apply for and
   69  receive a license from the division before the commencement of
   70  such use. The license application must require the operator’s
   71  emergency contact telephone number. The division must
   72  immediately issue a temporary license upon receipt of such
   73  application and such temporary license allows the property to
   74  begin use as a vacation rental while the application is pending
   75  action. The temporary license expires upon final agency action
   76  on the license application.
   77         (4)DISPLAY OF LICENSE.—Any license issued by the division
   78  must be conspicuously displayed in the vacation rental.
   79         Section 5. Section 509.605, Florida Statutes, is created to
   80  read:
   81         509.605 License fees.—
   82         (1)The division shall adopt by rule a fee to be paid by
   83  each vacation rental as a prerequisite to issuance or renewal of
   84  a license. Vacation rental units within separate buildings or at
   85  separate locations but managed by one licensed operator may be
   86  combined in a single license application, and the division shall
   87  charge a license fee as if all units in the application are a
   88  single vacation rental; however, such fee may not exceed $1,000.
   89  The division may only issue a license for a maximum of 75 units
   90  under one license. The rule must require a vacation rental that
   91  applies for an initial license to pay the full license fee if
   92  application is made during the annual renewal period or more
   93  than 6 months before the next such renewal period and one-half
   94  of the fee if application is made 6 months or less before such
   95  period. The rule must also require that fees be collected for
   96  the purpose of funding the Hospitality Education Program,
   97  pursuant to s. 509.302. Such fees must be payable in full for
   98  each application regardless of when the application is
   99  submitted.
  100         (2)Upon making initial application or an application for
  101  change of ownership of a vacation rental, the applicant must pay
  102  to the division a fee as prescribed by rule, not to exceed $50,
  103  in addition to any other fees required by law, which must cover
  104  all costs associated with initiating regulation of the vacation
  105  rental.
  106         (3)A license renewal filed with the division after the
  107  expiration date must be accompanied by a delinquent fee as
  108  prescribed by rule, not to exceed $50, in addition to the
  109  renewal fee and any other fees required by law.
  110         Section 6. Section 509.606, Florida Statutes, is created to
  111  read:
  112         509.606 Revocation or suspension of licenses; fines;
  113  procedure.—
  114         (1)Any vacation rental operating in violation of this part
  115  or the rules of the division, operating without a license, or
  116  operating with a suspended or revoked license may be subject by
  117  the division to:
  118         (a)Fines not to exceed $1,000 per offense; and
  119         (b)The suspension, revocation, or refusal of a license
  120  issued pursuant to this chapter.
  121         (2)For the purposes of this section, the division may
  122  regard as a separate offense each day or portion of a day on
  123  which a vacation rental is operated in violation of a “critical
  124  law or rule,” as that term is defined by rule.
  125         (3)The division shall post a prominent closed-for
  126  operation sign on any vacation rental, the license of which has
  127  been suspended or revoked. The division shall also post such
  128  sign on any vacation rental judicially or administratively
  129  determined to be operating without a license. It is a
  130  misdemeanor of the second degree, punishable as provided in s.
  131  775.082 or s. 775.083, for any person to deface or remove such
  132  closed-for-operation sign or for any vacation rental to open for
  133  operation without a license or to open for operation while its
  134  license is suspended or revoked. The division may impose
  135  administrative sanctions for violations of this section.
  136         (4)All funds received by the division as satisfaction for
  137  administrative fines must be paid into the State Treasury to the
  138  credit of the Hotel and Restaurant Trust Fund and may not
  139  subsequently be used for payment to any entity performing
  140  required inspections under contract with the division.
  141  Administrative fines may be used to support division programs
  142  pursuant to s. 509.302(1).
  143         (5)(a)A license may not be suspended under this section
  144  for a period of more than 12 months. At the end of such period
  145  of suspension, the vacation rental may apply for reinstatement
  146  or renewal of the license. A vacation rental, the license of
  147  which is revoked, may not apply for another license for that
  148  location before the date on which the revoked license would have
  149  expired.
  150         (b)The division may fine, suspend, or revoke the license
  151  of any vacation rental if an operator knowingly lets, leases, or
  152  gives space for unlawful gambling purposes or permits unlawful
  153  gambling in such establishment or in or upon any premises which
  154  are used in connection with, and are under the same charge,
  155  control, or management as, such establishment.
  156         (6)The division may fine, suspend, or revoke the license
  157  of any vacation rental when:
  158         (a)Any person with a direct financial interest in the
  159  licensed vacation rental, within the preceding 5 years in this
  160  state, any other state, or the United States, has been
  161  adjudicated guilty of or forfeited a bond when charged with
  162  soliciting for prostitution, pandering, letting premises for
  163  prostitution, keeping a disorderly place, illegally dealing in
  164  controlled substances as defined in chapter 893, or any other
  165  crime reflecting on professional character.
  166         (b)The division has deemed such vacation rental to be an
  167  imminent danger to the public health and safety for failure to
  168  meet sanitation standards, or the division has determined the
  169  vacation rental to be unsafe or unfit for human occupancy.
  170         (c)An advertisement for the vacation rental does not
  171  display the vacation rental license number.
  172         (7)A person is not entitled to the issuance of a license
  173  for any vacation rental except in the discretion of the director
  174  when the division has notified the current licensee for such
  175  premises that administrative proceedings have been or will be
  176  brought against such current licensee for violation of any
  177  provision of this chapter or rule of the division.
  178         (8)The division may fine, suspend, or revoke the license
  179  of any vacation rental when the rental is not in compliance with
  180  the requirements of a final order or other administrative action
  181  issued against the licensee by the division.
  182         (9)The division may refuse to issue or renew the license
  183  of any vacation rental until all outstanding fines are paid in
  184  full to the division as required by all final orders or other
  185  administrative action issued against the licensee by the
  186  division.
  187         Section 7. Section 509.607, Florida Statutes, is created to
  188  read:
  189         509.607 Exemptions.—Vacation rentals are exempt from
  190  chapter 83 in the same manner as transient rentals. Any person,
  191  partnership, corporation, or other legal entity which, for
  192  another and for compensation or other valuable consideration,
  193  rents or advertises for rent a vacation rental licensed under
  194  chapter 509 is exempt from chapter 475.
  195         Section 8. Section 509.608, Florida Statutes, is created to
  196  read:
  197         509.608 Inspection of premises.—
  198         (1)Inspection of vacation rentals is preempted to the
  199  state, and the division has jurisdiction and is solely
  200  responsible for all inspections. The division is solely
  201  responsible for quality assurance.
  202         (2)For purposes of performing inspections and the
  203  enforcement of this chapter, the division has the right of entry
  204  and access to a vacation rental at any reasonable time.
  205         (3)The division may not establish by rule any regulation
  206  governing the design, construction, erection, alteration,
  207  modification, repair, or demolition of any vacation rental.
  208         (4)Vacation rentals must be made available to the division
  209  for inspection upon request. If, during the inspection of a
  210  vacation rental, an inspector identifies vulnerable adults who
  211  appear to be victims of neglect, as defined in s. 415.102, or,
  212  in the case of a building that is not equipped with automatic
  213  sprinkler systems, tenants or clients who may be unable to self
  214  preserve in an emergency, the division shall convene meetings
  215  with the following agencies as appropriate to the individual
  216  situation: the Department of Health, the Department of Elderly
  217  Affairs, the area agency on aging, the local fire marshal, the
  218  landlord and affected tenants and clients, and other relevant
  219  organizations, to develop a plan that improves the prospects for
  220  safety of affected residents and, if necessary, identifies
  221  alternative living arrangements, such as facilities licensed
  222  under part II of chapter 400 or under chapter 429.
  223         (5)The division shall inspect vacation rentals whenever
  224  necessary to respond to an emergency or epidemiological
  225  condition.
  226         Section 9. Section 509.609, Florida Statutes, is created to
  227  read:
  228         509.609Multiple unit vacation rental operators, additional
  229  requirements.—
  230         (1)When 5 or more vacation rentals in multifamily
  231  dwellings are under common ownership and any such vacation
  232  rental is rented out more than 180 days per year, such vacation
  233  rental is subject to the additional requirements of this
  234  section.
  235         (2)In addition to the requirements of s. 509.604:
  236         (a)When applying for an initial license, operators of
  237  vacation rentals subject to this section must identify to the
  238  division each such vacation rental they intend to rent out more
  239  than 180 days during the term of the license. Such vacation
  240  rentals must be subject to the same inspection requirements as
  241  public lodging establishments under s. 509.032(2).
  242         (b)When applying for a license renewal, all vacation
  243  rentals subject to this section which were rented out more than
  244  180 days during the previous licensure period or which are
  245  intended to be rented out more than 180 days during the term of
  246  the license are subject to the same inspection requirements as
  247  public lodging establishments under s. 509.032(2).
  248         (3)Violations of this section subject a vacation rental
  249  that is required to but fails to comply with this section to
  250  license revocation or suspension.
  251         (4)Each year, the division must audit 1 percent of
  252  operators who are subject to this section to ensure compliance.
  253  During an audit, the division must request from the vacation
  254  rental operator the register required under s. 509.101(2) to
  255  ascertain the number of nights rented.
  256         (5)This section does not apply to single-family houses.
  257         Section 10. Section 509.013, Florida Statutes, is reordered
  258  and amended to read:
  259         509.013 Definitions.—As used in this chapter, the term:
  260         (2)(1) “Division” means the Division of Hotels and
  261  Restaurants of the Department of Business and Professional
  262  Regulation.
  263         (7)(2) “Operator” means the owner, licensee, proprietor,
  264  lessee, manager, assistant manager, or appointed agent of a
  265  public lodging establishment, vacation rental, or public food
  266  service establishment.
  267         (3) “Guest” means any patron, customer, tenant, lodger,
  268  boarder, or occupant of a public lodging establishment, vacation
  269  rental, or public food service establishment.
  270         (9)(4)(a) “Public lodging establishment” includes a
  271  transient public lodging establishment as defined in
  272  subparagraph 1. and a nontransient public lodging establishment
  273  as defined in subparagraph 2.
  274         1. “Transient public lodging establishment” means any unit,
  275  group of units, dwelling, building, or group of buildings within
  276  a single complex of buildings which is rented to guests more
  277  than three times in a calendar year for periods of less than 30
  278  days or 1 calendar month, whichever is less, or which is
  279  advertised or held out to the public as a place regularly rented
  280  to guests.
  281         2. “Nontransient public lodging establishment” means any
  282  unit, group of units, dwelling, building, or group of buildings
  283  within a single complex of buildings which is rented to guests
  284  for periods of at least 30 days or 1 calendar month, whichever
  285  is less, or which is advertised or held out to the public as a
  286  place regularly rented to guests for periods of at least 30 days
  287  or 1 calendar month.
  288  
  289  License classifications of public lodging establishments, and
  290  the definitions therefor, are set out in s. 509.242. For the
  291  purpose of licensure, the term does not include condominium
  292  common elements as defined in s. 718.103.
  293         (b) The following are excluded from the definitions in
  294  paragraph (a):
  295         1. Any dormitory or other living or sleeping facility
  296  maintained by a public or private school, college, or university
  297  for the use of students, faculty, or visitors.
  298         2. Any facility certified or licensed and regulated by the
  299  Agency for Health Care Administration or the Department of
  300  Children and Families or other similar place regulated under s.
  301  381.0072.
  302         3. Any place renting four rental units or less, unless the
  303  rental units are advertised or held out to the public to be
  304  places that are regularly rented to transients.
  305         4. Any unit or group of units in a condominium,
  306  cooperative, or timeshare plan and any individually or
  307  collectively owned one-family, two-family, three-family, or
  308  four-family dwelling house or dwelling unit that is rented for
  309  periods of at least 30 days or 1 calendar month, whichever is
  310  less, and that is not advertised or held out to the public as a
  311  place regularly rented for periods of less than 1 calendar
  312  month, provided that no more than four rental units within a
  313  single complex of buildings are available for rent.
  314         5. Any migrant labor camp or residential migrant housing
  315  permitted by the Department of Health under ss. 381.008
  316  381.00895.
  317         6. Any establishment inspected by the Department of Health
  318  and regulated by chapter 513.
  319         7. Any nonprofit organization that operates a facility
  320  providing housing only to patients, patients’ families, and
  321  patients’ caregivers and not to the general public.
  322         8. Any apartment building inspected by the United States
  323  Department of Housing and Urban Development or other entity
  324  acting on the department’s behalf that is designated primarily
  325  as housing for persons at least 62 years of age. The division
  326  may require the operator of the apartment building to attest in
  327  writing that such building meets the criteria provided in this
  328  subparagraph. The division may adopt rules to implement this
  329  requirement.
  330         9. Any roominghouse, boardinghouse, or other living or
  331  sleeping facility that may not be classified as a hotel, motel,
  332  timeshare project, vacation rental, nontransient apartment, bed
  333  and breakfast inn, or transient apartment under s. 509.242.
  334         10.Any vacation rental.
  335         (8)(5)(a) “Public food service establishment” means any
  336  building, vehicle, place, or structure, or any room or division
  337  in a building, vehicle, place, or structure where food is
  338  prepared, served, or sold for immediate consumption on or in the
  339  vicinity of the premises; called for or taken out by customers;
  340  or prepared before prior to being delivered to another location
  341  for consumption. The term includes a culinary education program,
  342  as defined in s. 381.0072(2), which offers, prepares, serves, or
  343  sells food to the general public, regardless of whether it is
  344  inspected by another state agency for compliance with sanitation
  345  standards.
  346         (b) The following are excluded from the definition in
  347  paragraph (a):
  348         1. Any place maintained and operated by a public or private
  349  school, college, or university:
  350         a. For the use of students and faculty; or
  351         b. Temporarily to serve such events as fairs, carnivals,
  352  food contests, cook-offs, and athletic contests.
  353         2. Any eating place maintained and operated by a church or
  354  a religious, nonprofit fraternal, or nonprofit civic
  355  organization:
  356         a. For the use of members and associates; or
  357         b. Temporarily to serve such events as fairs, carnivals,
  358  food contests, cook-offs, or athletic contests.
  359  
  360  Upon request by the division, a church or a religious, nonprofit
  361  fraternal, or nonprofit civic organization claiming an exclusion
  362  under this subparagraph must provide the division documentation
  363  of its status as a church or a religious, nonprofit fraternal,
  364  or nonprofit civic organization.
  365         3. Any eating place maintained and operated by an
  366  individual or entity at a food contest, cook-off, or a temporary
  367  event lasting from 1 to 3 days which is hosted by a church or a
  368  religious, nonprofit fraternal, or nonprofit civic organization.
  369  Upon request by the division, the event host must provide the
  370  division documentation of its status as a church or a religious,
  371  nonprofit fraternal, or nonprofit civic organization.
  372         4. Any eating place located on an airplane, train, bus, or
  373  watercraft which is a common carrier.
  374         5. Any eating place maintained by a facility certified or
  375  licensed and regulated by the Agency for Health Care
  376  Administration or the Department of Children and Families or
  377  other similar place that is regulated under s. 381.0072.
  378         6. Any place of business issued a permit or inspected by
  379  the Department of Agriculture and Consumer Services under s.
  380  500.12.
  381         7. Any place of business where the food available for
  382  consumption is limited to ice, beverages with or without
  383  garnishment, popcorn, or prepackaged items sold without
  384  additions or preparation.
  385         8. Any theater, if the primary use is as a theater and if
  386  patron service is limited to food items customarily served to
  387  the admittees of theaters.
  388         9. Any vending machine that dispenses any food or beverages
  389  other than potentially hazardous foods, as defined by division
  390  rule.
  391         10. Any vending machine that dispenses potentially
  392  hazardous food and which is located in a facility regulated
  393  under s. 381.0072.
  394         11. Any research and development test kitchen limited to
  395  the use of employees and which is not open to the general
  396  public.
  397         (1)(6) “Director” means the Director of the Division of
  398  Hotels and Restaurants of the Department of Business and
  399  Professional Regulation.
  400         (10)(7) “Single complex of buildings” means all buildings
  401  or structures that are owned, managed, controlled, or operated
  402  under one business name and are situated on the same tract or
  403  plot of land that is not separated by a public street or
  404  highway.
  405         (11)(8) “Temporary food service event” means any event of
  406  30 days or less in duration where food is prepared, served, or
  407  sold to the general public.
  408         (12)(9) “Theme park or entertainment complex” means a
  409  complex consisting comprised of at least 25 contiguous acres
  410  owned and controlled by the same business entity and which
  411  contains permanent exhibitions and a variety of recreational
  412  activities and has a minimum of 1 million visitors annually.
  413         (13)(10) “Third-party provider” means, for purposes of s.
  414  509.049, any provider of an approved food safety training
  415  program that provides training or such a training program to a
  416  public food service establishment that is not under common
  417  ownership or control with the provider.
  418         (15)(11) “Transient establishment” means any public lodging
  419  establishment that is rented or leased to guests by an operator
  420  whose intention is that such guests’ occupancy will be
  421  temporary.
  422         (16)(12) “Transient occupancy” means occupancy when it is
  423  the intention of the parties that the occupancy will be
  424  temporary. There is a rebuttable presumption that, when the
  425  dwelling unit occupied is not the sole residence of the guest,
  426  the occupancy is transient.
  427         (14)(13) “Transient” means a guest in transient occupancy.
  428         (5)(14) “Nontransient establishment” means any public
  429  lodging establishment that is rented or leased to guests by an
  430  operator whose intention is that the dwelling unit occupied will
  431  be the sole residence of the guest.
  432         (6)(15) “Nontransient occupancy” means any occupancy in
  433  which when it is the intention of the parties that such the
  434  occupancy will not be temporary. There is a rebuttable
  435  presumption that, when the dwelling unit occupied is the sole
  436  residence of the guest, the occupancy is nontransient.
  437         (4)(16) “Nontransient” means a guest in nontransient
  438  occupancy.
  439         (17)“Vacation rental” means any unit in a condominium or
  440  cooperative or any individually or collectively owned single
  441  family, two-family, three-family, or four-family house or
  442  dwelling unit that is rented to guests for periods of less than
  443  180 days but that is not a timeshare project.
  444         Section 11. Paragraphs (a) and (d) of subsection (2),
  445  paragraph (c) of subsection (3), subsection (5), and subsection
  446  (7) of section 509.032, Florida Statutes, are amended to read:
  447         509.032 Duties.—
  448         (2) INSPECTION OF PREMISES.—
  449         (a) The division has jurisdiction and is responsible for
  450  all inspections required by this chapter. The inspection of
  451  vacation rentals shall be done in accordance with part III of
  452  this chapter. The division is responsible for quality assurance.
  453  The division shall inspect each licensed public lodging
  454  establishment at least biannually, except for transient and
  455  nontransient apartments, which shall be inspected at least
  456  annually. Each establishment licensed by the division shall be
  457  inspected at such other times as the division determines is
  458  necessary to ensure the public’s health, safety, and welfare.
  459  The division shall adopt by rule a risk-based inspection
  460  frequency for each licensed public food service establishment.
  461  The rule must require at least one, but not more than four,
  462  routine inspections that must be performed annually, and may
  463  include guidelines that consider the inspection and compliance
  464  history of a public food service establishment, the type of food
  465  and food preparation, and the type of service. The division
  466  shall reassess the inspection frequency of all licensed public
  467  food service establishments at least annually. Public lodging
  468  units classified as vacation rentals or timeshare projects are
  469  not subject to this requirement but shall be made available to
  470  the division upon request. If, during the inspection of a public
  471  lodging establishment classified for renting to transient or
  472  nontransient tenants, an inspector identifies vulnerable adults
  473  who appear to be victims of neglect, as defined in s. 415.102,
  474  or, in the case of a building that is not equipped with
  475  automatic sprinkler systems, tenants or clients who may be
  476  unable to self-preserve in an emergency, the division shall
  477  convene meetings with the following agencies as appropriate to
  478  the individual situation: the Department of Health, the
  479  Department of Elderly Affairs, the area agency on aging, the
  480  local fire marshal, the landlord and affected tenants and
  481  clients, and other relevant organizations, to develop a plan
  482  that improves the prospects for safety of affected residents
  483  and, if necessary, identifies alternative living arrangements
  484  such as facilities licensed under part II of chapter 400 or
  485  under chapter 429.
  486         (d) The division shall adopt and enforce sanitation rules
  487  consistent with law to ensure the protection of the public from
  488  food-borne illness in those establishments licensed under this
  489  chapter. These rules shall provide the standards and
  490  requirements for obtaining, storing, preparing, processing,
  491  serving, or displaying food in public food service
  492  establishments, approving public food service establishment
  493  facility plans, conducting necessary public food service
  494  establishment inspections for compliance with sanitation
  495  regulations, cooperating and coordinating with the Department of
  496  Health in epidemiological investigations, and initiating
  497  enforcement actions, and for other such responsibilities deemed
  498  necessary by the division. The division may not establish by
  499  rule any regulation governing the design, construction,
  500  erection, alteration, modification, repair, or demolition of any
  501  public lodging or public food service establishment. It is the
  502  intent of the Legislature to preempt that function to the
  503  Florida Building Commission and the State Fire Marshal through
  504  adoption and maintenance of the Florida Building Code and the
  505  Florida Fire Prevention Code. The division shall provide
  506  technical assistance to the commission in updating the
  507  construction standards of the Florida Building Code which govern
  508  public lodging and public food service establishments. Further,
  509  the division shall enforce the provisions of the Florida
  510  Building Code which apply to public lodging and public food
  511  service establishments in conducting any inspections authorized
  512  by this part. The division, or its agent, shall notify the local
  513  firesafety authority or the State Fire Marshal of any readily
  514  observable violation of a rule adopted under chapter 633 which
  515  relates to public lodging establishments, vacation rental, or
  516  public food establishments, and the identification of such
  517  violation does not require any firesafety inspection
  518  certification.
  519         (3) SANITARY STANDARDS; EMERGENCIES; TEMPORARY FOOD SERVICE
  520  EVENTS.—The division shall:
  521         (c) Administer a public notification process for temporary
  522  food service events and distribute educational materials that
  523  address safe food storage, preparation, and service procedures.
  524         1. Sponsors of temporary food service events shall notify
  525  the division not less than 3 days before the scheduled event of
  526  the type of food service proposed, the time and location of the
  527  event, a complete list of food service vendors participating in
  528  the event, the number of individual food service facilities each
  529  vendor will operate at the event, and the identification number
  530  of each food service vendor’s current license as a public food
  531  service establishment or temporary food service event licensee.
  532  Notification may be completed orally, by telephone, in person,
  533  or in writing. A public food service establishment or food
  534  service vendor may not use this notification process to
  535  circumvent the license requirements of this chapter.
  536         2. The division shall keep a record of all notifications
  537  received for proposed temporary food service events and shall
  538  provide appropriate educational materials to the event sponsors
  539  and notify the event sponsors of the availability of the food
  540  recovery brochure developed under s. 595.420.
  541         3.a. Unless excluded under s. 509.013(8)(b) s.
  542  509.013(5)(b), a public food service establishment or other food
  543  service vendor must obtain one of the following classes of
  544  license from the division: an individual license, for a fee of
  545  no more than $105, for each temporary food service event in
  546  which it participates; or an annual license, for a fee of no
  547  more than $1,000, that entitles the licensee to participate in
  548  an unlimited number of food service events during the license
  549  period. The division shall establish license fees, by rule, and
  550  may limit the number of food service facilities a licensee may
  551  operate at a particular temporary food service event under a
  552  single license.
  553         b. Public food service establishments holding current
  554  licenses from the division may operate under the regulations of
  555  such a license at temporary food service events.
  556         (5) REPORTS REQUIRED.—The division shall submit annually to
  557  the Governor, the President of the Senate, the Speaker of the
  558  House of Representatives, and the chairs of the legislative
  559  appropriations committees a report, which shall state, but need
  560  not be limited to, the total number of active public lodging and
  561  public food service licenses in the state, the total number of
  562  inspections of these establishments conducted by the division to
  563  ensure the enforcement of sanitary standards, the total number
  564  of inspections conducted in response to emergency or
  565  epidemiological conditions, the number of violations of each
  566  sanitary standard, the total number of inspections conducted to
  567  meet the statutorily required number of inspections, and any
  568  recommendations for improved inspection procedures. The division
  569  shall also keep accurate account of all expenses arising out of
  570  the performance of its duties and all fees collected under this
  571  chapter. The report shall be submitted by September 30 following
  572  the end of the fiscal year. This report must also include
  573  vacation rentals, as applicable.
  574         (7) LOCAL REGULATION PREEMPTION AUTHORITY.—
  575         (a) The regulation of public lodging establishments and
  576  public food service establishments, including, but not limited
  577  to, sanitation standards, inspections, training and testing of
  578  personnel, and matters related to the nutritional content and
  579  marketing of foods offered in such establishments, is preempted
  580  to the state. This paragraph does not preempt the authority of a
  581  local government or local enforcement district to conduct
  582  inspections of public lodging and public food service
  583  establishments for compliance with the Florida Building Code and
  584  the Florida Fire Prevention Code, pursuant to ss. 553.80 and
  585  633.206.
  586         (b)1.A local government may regulate activities that arise
  587  when a property is used as a vacation rental, provided such
  588  regulation applies uniformly to all residential properties
  589  without regard to whether the property is used as a vacation
  590  rental or as a long-term rental subject to part II of chapter 83
  591  or whether a property owner chooses not to rent the property.
  592         2.The division shall make the vacation rental license
  593  information required under this chapter, including the
  594  operator’s emergency contact information, available to the
  595  public and local governments. Local governments may use this
  596  license information for informational purposes only A local law,
  597  ordinance, or regulation may not prohibit vacation rentals or
  598  regulate the duration or frequency of rental of vacation
  599  rentals. This paragraph does not apply to any local law,
  600  ordinance, or regulation adopted on or before June 1, 2011.
  601         Section 12. Subsection (12) of section 159.27, Florida
  602  Statutes, is amended to read:
  603         159.27 Definitions.—The following words and terms, unless
  604  the context clearly indicates a different meaning, shall have
  605  the following meanings:
  606         (12) “Public lodging or restaurant facility” means property
  607  used for any public lodging establishment as defined in s.
  608  509.242 or public food service establishment as defined in s.
  609  509.013 s. 509.013(5) if it is part of the complex of, or
  610  necessary to, another facility qualifying under this part.
  611         Section 13. Paragraph (jj) of subsection (7) of section
  612  212.08, Florida Statutes, is amended to read:
  613         212.08 Sales, rental, use, consumption, distribution, and
  614  storage tax; specified exemptions.—The sale at retail, the
  615  rental, the use, the consumption, the distribution, and the
  616  storage to be used or consumed in this state of the following
  617  are hereby specifically exempt from the tax imposed by this
  618  chapter.
  619         (7) MISCELLANEOUS EXEMPTIONS.—Exemptions provided to any
  620  entity by this chapter do not inure to any transaction that is
  621  otherwise taxable under this chapter when payment is made by a
  622  representative or employee of the entity by any means,
  623  including, but not limited to, cash, check, or credit card, even
  624  when that representative or employee is subsequently reimbursed
  625  by the entity. In addition, exemptions provided to any entity by
  626  this subsection do not inure to any transaction that is
  627  otherwise taxable under this chapter unless the entity has
  628  obtained a sales tax exemption certificate from the department
  629  or the entity obtains or provides other documentation as
  630  required by the department. Eligible purchases or leases made
  631  with such a certificate must be in strict compliance with this
  632  subsection and departmental rules, and any person who makes an
  633  exempt purchase with a certificate that is not in strict
  634  compliance with this subsection and the rules is liable for and
  635  shall pay the tax. The department may adopt rules to administer
  636  this subsection.
  637         (jj) Complimentary meals.—Also exempt from the tax imposed
  638  by this chapter are food or drinks that are furnished as part of
  639  a packaged room rate by any person offering for rent or lease
  640  any transient living accommodations as described in s.
  641  509.013(9)(a) s. 509.013(4)(a) which are licensed under part I
  642  of chapter 509 and which are subject to the tax under s. 212.03,
  643  if a separate charge or specific amount for the food or drinks
  644  is not shown. Such food or drinks are considered to be sold at
  645  retail as part of the total charge for the transient living
  646  accommodations. Moreover, the person offering the accommodations
  647  is not considered to be the consumer of items purchased in
  648  furnishing such food or drinks and may purchase those items
  649  under conditions of a sale for resale.
  650         Section 14. Paragraph (b) of subsection (4) of section
  651  316.1955, Florida Statutes, is amended to read:
  652         316.1955 Enforcement of parking requirements for persons
  653  who have disabilities.—
  654         (4)
  655         (b) Notwithstanding paragraph (a), a theme park or an
  656  entertainment complex as defined in s. 509.013 s. 509.013(9)
  657  which provides parking in designated areas for persons who have
  658  disabilities may allow any vehicle that is transporting a person
  659  who has a disability to remain parked in a space reserved for
  660  persons who have disabilities throughout the period the theme
  661  park is open to the public for that day.
  662         Section 15. Subsection (5) of section 404.056, Florida
  663  Statutes, is amended to read:
  664         404.056 Environmental radiation standards and projects;
  665  certification of persons performing measurement or mitigation
  666  services; mandatory testing; notification on real estate
  667  documents; rules.—
  668         (5) NOTIFICATION ON REAL ESTATE DOCUMENTS.—Notification
  669  shall be provided on at least one document, form, or application
  670  executed at the time of, or prior to, contract for sale and
  671  purchase of any building or execution of a rental agreement for
  672  any building. Such notification shall contain the following
  673  language:
  674  
  675         “RADON GAS: Radon is a naturally occurring radioactive gas
  676  that, when it has accumulated in a building in sufficient
  677  quantities, may present health risks to persons who are exposed
  678  to it over time. Levels of radon that exceed federal and state
  679  guidelines have been found in buildings in Florida. Additional
  680  information regarding radon and radon testing may be obtained
  681  from your county health department.”
  682  
  683  The requirements of this subsection do not apply to any
  684  residential transient occupancy, as described in s. 509.013(16)
  685  s. 509.013(12), provided that such occupancy is 45 days or less
  686  in duration.
  687         Section 16. Subsection (6) of section 477.0135, Florida
  688  Statutes, is amended to read:
  689         477.0135 Exemptions.—
  690         (6) A license is not required of any individual providing
  691  makeup or special effects services in a theme park or
  692  entertainment complex to an actor, stunt person, musician,
  693  extra, or other talent, or providing makeup or special effects
  694  services to the general public. The term “theme park or
  695  entertainment complex” has the same meaning as in s. 509.013 s.
  696  509.013(9).
  697         Section 17. Subsection (1) of section 509.072, Florida
  698  Statutes, is amended to read:
  699         509.072 Hotel and Restaurant Trust Fund; collection and
  700  disposition of moneys received.—
  701         (1) There is created a Hotel and Restaurant Trust Fund to
  702  be used for the administration and operation of the division and
  703  the carrying out of all laws and rules under the jurisdiction of
  704  the division pertaining to the construction, maintenance, and
  705  operation of public lodging establishments, vacation rentals,
  706  and public food service establishments, including the inspection
  707  of elevators as required under chapter 399. All funds collected
  708  by the division and the amounts paid for licenses and fees shall
  709  be deposited in the State Treasury into the Hotel and Restaurant
  710  Trust Fund.
  711         Section 18. Section 509.091, Florida Statutes, is amended
  712  to read:
  713         509.091 Notices; form and service.—
  714         (1) Each notice served by the division pursuant to this
  715  chapter must be in writing and must be delivered personally by
  716  an agent of the division or by registered letter to the operator
  717  of the public lodging establishment, vacation rental, or public
  718  food service establishment. If the operator refuses to accept
  719  service or evades service or the agent is otherwise unable to
  720  effect service after due diligence, the division may post such
  721  notice in a conspicuous place at the establishment.
  722         (2) Notwithstanding subsection (1), the division may
  723  deliver lodging inspection reports and food service inspection
  724  reports to the operator of the public lodging establishment,
  725  vacation rental, or public food service establishment by
  726  electronic means.
  727         Section 19. Section 509.092, Florida Statutes, is amended
  728  to read:
  729         509.092 Public lodging establishments, vacation rentals,
  730  and public food service establishments; rights as private
  731  enterprises.—Public lodging establishments and public food
  732  service establishments are private enterprises, and the operator
  733  has the right to refuse accommodations or service to any person
  734  who is objectionable or undesirable to the operator, but such
  735  refusal may not be based upon race, creed, color, sex,
  736  pregnancy, physical disability, or national origin. A person
  737  aggrieved by a violation of this section or a violation of a
  738  rule adopted under this section has a right of action pursuant
  739  to s. 760.11.
  740         Section 20. Section 509.095, Florida Statutes, is amended
  741  to read:
  742         509.095 Accommodations at public lodging establishments or
  743  vacation rentals for individuals with a valid military
  744  identification card.—Upon the presentation of a valid military
  745  identification card by an individual who is currently on active
  746  duty as a member of the United States Armed Forces, National
  747  Guard, Reserve Forces, or Coast Guard, and who seeks to obtain
  748  accommodations at a hotel, motel, or bed and breakfast inn, as
  749  defined in s. 509.242, or vacation rental, such hotel, motel, or
  750  bed and breakfast inn, or vacation rental shall waive any
  751  minimum age policy that it may have which restricts
  752  accommodations to individuals based on age. Duplication of a
  753  military identification card presented pursuant to this section
  754  is prohibited.
  755         Section 21. Subsections (1) and (2) of section 509.101,
  756  Florida Statutes, are amended to read:
  757         509.101 Establishment rules; posting of notice; food
  758  service inspection report; maintenance of guest register; mobile
  759  food dispensing vehicle registry.—
  760         (1) Any operator of a public lodging establishment,
  761  vacation rental, or a public food service establishment may
  762  establish reasonable rules and regulations for the management of
  763  the establishment and its guests and employees; and each guest
  764  or employee staying, sojourning, eating, or employed in the
  765  establishment shall conform to and abide by such rules and
  766  regulations so long as the guest or employee remains in or at
  767  the establishment. Such rules and regulations shall be deemed to
  768  be a special contract between the operator and each guest or
  769  employee using the services or facilities of the operator. Such
  770  rules and regulations shall control the liabilities,
  771  responsibilities, and obligations of all parties. Any rules or
  772  regulations established pursuant to this section shall be
  773  printed in the English language and posted in a prominent place
  774  within such public lodging establishment, vacation rental, or
  775  public food service establishment. In addition, any operator of
  776  a public food service establishment shall maintain a copy of the
  777  latest food service inspection report and shall make it
  778  available to the division at the time of any division inspection
  779  of the establishment and to the public, upon request.
  780         (2) It is the duty of each operator of a transient
  781  establishment or vacation rental to maintain at all times a
  782  register of, signed by or for guests who occupy rental units
  783  within the establishment, showing the dates upon which the
  784  rental units were occupied by such guests and the rates charged
  785  for their occupancy. This register shall be maintained in
  786  chronological order and available for inspection by the division
  787  at any time. Operators need not make available registers which
  788  are more than 2 years old.
  789         Section 22. Section 509.111, Florida Statutes, is amended
  790  to read:
  791         509.111 Liability for property of guests.—
  792         (1) The operator of a public lodging establishment or
  793  vacation rental is not under any obligation to accept for
  794  safekeeping any moneys, securities, jewelry, or precious stones
  795  of any kind belonging to any guest, and, if such are accepted
  796  for safekeeping, the operator is not liable for the loss thereof
  797  unless such loss was the proximate result of fault or negligence
  798  of the operator. However, the liability of the operator shall be
  799  limited to $1,000 for such loss, if the public lodging
  800  establishment or vacation rental gave a receipt for the property
  801  (stating the value) on a form which stated, in type large enough
  802  to be clearly noticeable, that the public lodging establishment
  803  or vacation rental was not liable for any loss exceeding $1,000
  804  and was only liable for that amount if the loss was the
  805  proximate result of fault or negligence of the operator.
  806         (2) The operator of a public lodging establishment or
  807  vacation rental is not liable or responsible to any guest for
  808  the loss of wearing apparel, goods, or other property, except as
  809  provided in subsection (1), unless such loss occurred as the
  810  proximate result of fault or negligence of such operator, and,
  811  in case of fault or negligence, the operator is not liable for a
  812  greater sum than $500, unless the guest, before prior to the
  813  loss or damage, files with the operator an inventory of the
  814  guest’s effects and the value thereof and the operator is given
  815  the opportunity to inspect such effects and check them against
  816  such inventory. The operator of a public lodging establishment
  817  or vacation rental is not liable or responsible to any guest for
  818  the loss of effects listed in such inventory in a total amount
  819  exceeding $1,000.
  820         Section 23. Section 509.141, Florida Statutes, is amended
  821  to read:
  822         509.141 Refusal of admission and ejection of undesirable
  823  guests; notice; procedure; penalties for refusal to leave.—
  824         (1) The operator of any public lodging establishment,
  825  vacation rental, or public food service establishment may remove
  826  or cause to be removed from such establishment, in the manner
  827  hereinafter provided, any guest of the establishment who, while
  828  on the premises of the establishment, illegally possesses or
  829  deals in controlled substances as defined in chapter 893 or is
  830  intoxicated, profane, lewd, or brawling; who indulges in any
  831  language or conduct which disturbs the peace and comfort of
  832  other guests or which injures the reputation, dignity, or
  833  standing of the establishment; who, in the case of a public
  834  lodging establishment or vacation rental, fails to make payment
  835  of rent at the agreed-upon rental rate by the agreed-upon
  836  checkout time; who, in the case of a public lodging
  837  establishment or vacation rental, fails to check out by the time
  838  agreed upon in writing by the guest and public lodging
  839  establishment or vacation rental at check-in unless an extension
  840  of time is agreed to by the public lodging establishment or
  841  vacation rental and guest before prior to checkout; who, in the
  842  case of a public food service establishment, fails to make
  843  payment for food, beverages, or services; or who, in the opinion
  844  of the operator, is a person the continued entertainment of whom
  845  would be detrimental to such establishment. The admission to, or
  846  the removal from, such establishment may shall not be based upon
  847  race, creed, color, sex, physical disability, or national
  848  origin.
  849         (2) The operator of any public lodging establishment,
  850  vacation rental, or public food service establishment shall
  851  notify such guest that the establishment no longer desires to
  852  entertain the guest and shall request that such guest
  853  immediately depart from the establishment. Such notice may be
  854  given orally or in writing. If the notice is in writing, it
  855  shall be as follows:
  856  
  857         “You are hereby notified that this establishment no longer
  858  desires to entertain you as its guest, and you are requested to
  859  leave at once. To remain after receipt of this notice is a
  860  misdemeanor under the laws of this state.”
  861  
  862  If such guest has paid in advance, the establishment shall, at
  863  the time such notice is given, tender to such guest the unused
  864  portion of the advance payment; however, the establishment may
  865  withhold payment for each full day that the guest has been
  866  entertained at the establishment for any portion of the 24-hour
  867  period of such day.
  868         (3) Any guest who remains or attempts to remain in any such
  869  establishment after being requested to leave commits is guilty
  870  of a misdemeanor of the second degree, punishable as provided in
  871  s. 775.082 or s. 775.083.
  872         (4) If any person is illegally on the premises of any
  873  public lodging establishment, vacation rental, or public food
  874  service establishment, the operator of such establishment may
  875  call upon any law enforcement officer of this state for
  876  assistance. It is the duty of such law enforcement officer, upon
  877  the request of such operator, to place under arrest and take
  878  into custody for violation of this section any guest who
  879  violates subsection (3) in the presence of the officer. If a
  880  warrant has been issued by the proper judicial officer for the
  881  arrest of any violator of subsection (3), the officer shall
  882  serve the warrant, arrest the person, and take the person into
  883  custody. Upon arrest, with or without warrant, the guest will be
  884  deemed to have given up any right to occupancy or to have
  885  abandoned such right of occupancy of the premises, and the
  886  operator of the establishment may then make such premises
  887  available to other guests. However, the operator of the
  888  establishment shall employ all reasonable and proper means to
  889  care for any personal property which may be left on the premises
  890  by such guest and shall refund any unused portion of moneys paid
  891  by such guest for the occupancy of such premises.
  892         Section 24. Section 509.142, Florida Statutes, is amended
  893  to read:
  894         509.142 Conduct on premises; refusal of service.—The
  895  operator of a public lodging establishment, vacation rental, or
  896  public food service establishment may refuse accommodations or
  897  service to any person whose conduct on the premises of the
  898  establishment displays intoxication, profanity, lewdness, or
  899  brawling; who indulges in language or conduct such as to disturb
  900  the peace or comfort of other guests; who engages in illegal or
  901  disorderly conduct; who illegally possesses or deals in
  902  controlled substances as defined in chapter 893; or whose
  903  conduct constitutes a nuisance. Such refusal may not be based
  904  upon race, creed, color, sex, physical disability, or national
  905  origin.
  906         Section 25. Section 509.144, Florida Statutes, is amended
  907  to read:
  908         509.144 Prohibited handbill distribution in a public
  909  lodging establishment or vacation rental; penalties.—
  910         (1) As used in this section, the term:
  911         (a) “Handbill” means a flier, leaflet, pamphlet, or other
  912  written material that advertises, promotes, or informs persons
  913  about a person, business, company, or food service establishment
  914  but does not include employee communications permissible under
  915  the National Labor Relations Act, other communications protected
  916  by the First Amendment to the United States Constitution, or
  917  communications about public health, safety, or welfare
  918  distributed by a federal, state, or local governmental entity or
  919  a public or private utility.
  920         (b) “Without permission” means without the expressed
  921  written permission of the owner, manager, or agent of the owner
  922  or manager of the public lodging establishment or vacation
  923  rental where a sign is posted prohibiting advertising or
  924  solicitation in the manner provided in subsection (5).
  925         (c) “At or in a public lodging establishment or vacation
  926  rental” means any property under the sole ownership or control
  927  of a public lodging establishment or vacation rental.
  928         (2) Any person, agent, contractor, or volunteer who is
  929  acting on behalf of a person, business, company, or food service
  930  establishment and who, without permission, delivers,
  931  distributes, or places, or attempts to deliver, distribute, or
  932  place, a handbill at or in a public lodging establishment or
  933  vacation rental commits a misdemeanor of the first degree,
  934  punishable as provided in s. 775.082 or s. 775.083.
  935         (3) Any person who, without permission, directs another
  936  person to deliver, distribute, or place, or attempts to deliver,
  937  distribute, or place, a handbill at or in a public lodging
  938  establishment or vacation rental commits a misdemeanor of the
  939  first degree, punishable as provided in s. 775.082 or s.
  940  775.083. Any person sentenced under this subsection shall be
  941  ordered to pay a minimum fine of $500 in addition to any other
  942  penalty imposed by the court.
  943         (4) In addition to any penalty imposed by the court, a
  944  person who violates subsection (2) or subsection (3) must:
  945         (a) Shall Pay a minimum fine of $2,000 for a second
  946  violation.
  947         (b) Shall Pay a minimum fine of $3,000 for a third or
  948  subsequent violation.
  949         (5) For purposes of this section, a public lodging
  950  establishment or vacation rental that intends to prohibit
  951  advertising or solicitation, as described in this section, at or
  952  in such establishment must comply with the following
  953  requirements when posting a sign prohibiting such solicitation
  954  or advertising:
  955         (a) There must appear prominently on any sign referred to
  956  in this subsection, in letters of not less than 2 inches in
  957  height, the terms “no advertising” or “no solicitation” or terms
  958  that indicate the same meaning.
  959         (b) The sign must be posted conspicuously.
  960         (c) If the main office of a the public lodging
  961  establishment is immediately accessible by entering the office
  962  through a door from a street, parking lot, grounds, or other
  963  area outside such establishment, the sign must be placed on a
  964  part of the main office, such as a door or window, and the sign
  965  must face the street, parking lot, grounds, or other area
  966  outside such establishment.
  967         (d) If the main office of a the public lodging
  968  establishment is not immediately accessible by entering the
  969  office through a door from a street, parking lot, grounds, or
  970  other area outside such establishment, the sign must be placed
  971  in the immediate vicinity of the main entrance to such
  972  establishment, and the sign must face the street, parking lot,
  973  grounds, or other area outside such establishment.
  974         (6) Any personal property, including, but not limited to,
  975  any vehicle, item, object, tool, device, weapon, machine, money,
  976  security, book, or record, that is used or attempted to be used
  977  as an instrumentality in the commission of, or in aiding and
  978  abetting in the commission of, a person’s third or subsequent
  979  violation of this section, whether or not comprising an element
  980  of the offense, is subject to seizure and forfeiture under the
  981  Florida Contraband Forfeiture Act.
  982         Section 26. Subsections (1), (2), and (3) of section
  983  509.162, Florida Statutes, are amended to read:
  984         509.162 Theft of personal property; detaining and arrest of
  985  violator; theft by employee.—
  986         (1) Any law enforcement officer or operator of a public
  987  lodging establishment, vacation rental, or public food service
  988  establishment who has probable cause to believe that theft of
  989  personal property belonging to such establishment has been
  990  committed by a person and that the officer or operator can
  991  recover such property or the reasonable value thereof by taking
  992  the person into custody may, for the purpose of attempting to
  993  effect such recovery or for prosecution, take such person into
  994  custody on the premises and detain such person in a reasonable
  995  manner and for a reasonable period of time. If the operator
  996  takes the person into custody, a law enforcement officer shall
  997  be called to the scene immediately. The taking into custody and
  998  detention by a law enforcement officer or operator of a public
  999  lodging establishment, vacation rental, or public food service
 1000  establishment, if done in compliance with this subsection, does
 1001  not render such law enforcement officer or operator criminally
 1002  or civilly liable for false arrest, false imprisonment, or
 1003  unlawful detention.
 1004         (2) Any law enforcement officer may arrest, either on or
 1005  off the premises and without warrant, any person if there is
 1006  probable cause to believe that person has committed theft in a
 1007  public lodging establishment, vacation rental, or in a public
 1008  food service establishment.
 1009         (3) Any person who resists the reasonable effort of a law
 1010  enforcement officer or operator of a public lodging
 1011  establishment, vacation rental, or public food service
 1012  establishment to recover property which the law enforcement
 1013  officer or operator had probable cause to believe had been
 1014  stolen from the public lodging establishment, vacation rental,
 1015  or public food service establishment, and who is subsequently
 1016  found to be guilty of theft of the subject property, is guilty
 1017  of a misdemeanor of the first degree, punishable as provided in
 1018  s. 775.082 or s. 775.083, unless such person did not know, or
 1019  did not have reason to know, that the person seeking to recover
 1020  the property was a law enforcement officer or the operator. For
 1021  purposes of this section, the charge of theft and the charge of
 1022  resisting apprehension may be tried concurrently.
 1023         Section 27. Section 509.191, Florida Statutes, is amended
 1024  to read:
 1025         509.191 Unclaimed property.—Any property with an
 1026  identifiable owner which is left in a public lodging
 1027  establishment, vacation rental, or public food service
 1028  establishment, other than property belonging to a guest who has
 1029  vacated the premises without notice to the operator and with an
 1030  outstanding account, which property remains unclaimed after
 1031  being held by the establishment for 30 days after written notice
 1032  to the guest or owner of the property, shall become the property
 1033  of the establishment. Property without an identifiable owner
 1034  which is found in a public lodging establishment, vacation
 1035  rental, or public food service establishment is subject to the
 1036  provisions of chapter 705.
 1037         Section 28. Section 509.2015, Florida Statutes, is amended
 1038  to read:
 1039         509.2015 Telephone surcharges by public lodging
 1040  establishments and vacation rentals.—
 1041         (1) A public lodging establishment or vacation rental that
 1042  which imposes a surcharge for any telephone call must post
 1043  notice of such surcharge in a conspicuous place located by each
 1044  telephone from which a call which is subject to a surcharge may
 1045  originate. Such notice must be plainly visible and printed on a
 1046  sign that is not less than 3 inches by 5 inches in size, and
 1047  such notice shall clearly state if the surcharge applies whether
 1048  or not the telephone call has been attempted or completed.
 1049         (2) The division may, pursuant to s. 509.261 or s. 509.606,
 1050  suspend or revoke the license of, or impose a fine against, any
 1051  public lodging establishment or vacation rental that violates
 1052  subsection (1).
 1053         Section 29. Subsections (1), (2), and (3) of section
 1054  509.211, Florida Statutes, are amended to read:
 1055         509.211 Safety regulations.—
 1056         (1) Each bedroom or apartment in each public lodging
 1057  establishment or vacation rental must shall be equipped with an
 1058  approved locking device on each door opening to the outside, to
 1059  an adjoining room or apartment, or to a hallway.
 1060         (2)(a) It is unlawful for any person to use within any
 1061  public lodging establishment, vacation rental, or public food
 1062  service establishment any fuel-burning wick-type equipment for
 1063  space heating unless such equipment is vented so as to prevent
 1064  the accumulation of toxic or injurious gases or liquids.
 1065         (b) Any person who violates the provisions of paragraph (a)
 1066  commits a misdemeanor of the second degree, punishable as
 1067  provided in s. 775.082 or s. 775.083.
 1068         (3) Each public lodging establishment or vacation rental
 1069  that is three or more stories in height must have safe and
 1070  secure railings on all balconies, platforms, and stairways, and
 1071  all such railings must be properly maintained and repaired. The
 1072  division may impose administrative sanctions for violations of
 1073  this subsection pursuant to s. 509.261.
 1074         Section 30. Section 509.2112, Florida Statutes, is amended
 1075  to read:
 1076         509.2112 Public lodging establishments and vacation rentals
 1077  three stories or more in height; inspection rules.—The Division
 1078  of Hotels and Restaurants of the Department of Business and
 1079  Professional Regulation is directed to provide rules to require
 1080  that:
 1081         (1) Every public lodging establishment or vacation rental
 1082  that is three stories or more in height in the state file a
 1083  certificate stating that any and all balconies, platforms,
 1084  stairways, and railways have been inspected by a person
 1085  competent to conduct such inspections and are safe, secure, and
 1086  free of defects.
 1087         (2) The information required under subsection (1) be filed
 1088  commencing January 1, 1991, and every 3 years thereafter, with
 1089  the Division of Hotels and Restaurants and the applicable county
 1090  or municipal authority responsible for building and zoning
 1091  permits.
 1092         (3) If a public lodging establishment or vacation rental
 1093  that is three or more stories in height fails to file the
 1094  information required in subsection (1), the Division of Hotels
 1095  and Restaurants shall impose administrative sanctions pursuant
 1096  to s. 509.261.
 1097         Section 31. Subsections (2) and (3), paragraph (a) of
 1098  subsection (4), and subsection (6) of section 509.215, Florida
 1099  Statutes, are amended to read:
 1100         509.215 Firesafety.—
 1101         (2) Any public lodging establishment or vacation rental, as
 1102  defined in this chapter, which is of three stories or more and
 1103  for which the construction contract was let before October 1,
 1104  1983, shall be equipped with:
 1105         (a) A system which complies with subsection (1); or
 1106         (b) An approved sprinkler system for all interior
 1107  corridors, public areas, storage rooms, closets, kitchen areas,
 1108  and laundry rooms, less individual guest rooms, if the following
 1109  conditions are met:
 1110         1. There is a minimum 1-hour separation between each guest
 1111  room and between each guest room and a corridor.
 1112         2. The building is constructed of noncombustible materials.
 1113         3. The egress conditions meet the requirements of s. 5-3 of
 1114  the Life Safety Code, NFPA 101.
 1115         4. The building has a complete automatic fire detection
 1116  system which meets the requirements of NFPA-72A and NFPA-72E,
 1117  including smoke detectors in each guest room individually
 1118  annunciating to a panel at a supervised location.
 1119         (3) Notwithstanding any other provision of law to the
 1120  contrary, this section applies only to those public lodging
 1121  establishments and vacation rentals in a building wherein more
 1122  than 50 percent of the units in the building are advertised or
 1123  held out to the public as available for transient occupancy.
 1124         (4)(a) Special exception to the provisions of this section
 1125  shall be made for a public lodging establishment or vacation
 1126  rental structure that is individually listed in the National
 1127  Register of Historic Places pursuant to the National Historic
 1128  Preservation Act of 1966, as amended; or is a contributing
 1129  property to a National Register-listed district; or is
 1130  designated as a historic property, or as a contributing property
 1131  to a historic district under the terms of a local preservation
 1132  ordinance.
 1133         (6) Specialized smoke detectors for the deaf and hearing
 1134  impaired shall be available upon request by guests in public
 1135  lodging establishments or vacation rentals at a rate of at least
 1136  one such smoke detector per 50 dwelling units or portions
 1137  thereof, not to exceed five such smoke detectors per public
 1138  lodging facility.
 1139         Section 32. Paragraph (a) of subsection (1), paragraph (b)
 1140  of subsection (2), subsection (4), and subsection (9) of section
 1141  509.221, Florida Statutes, are amended to read:
 1142         509.221 Sanitary regulations.—
 1143         (1)(a) Each public lodging establishment and vacation
 1144  rental shall be supplied with potable water and shall provide
 1145  adequate sanitary facilities for the accommodation of its
 1146  employees and guests. Such facilities may include, but are not
 1147  limited to, showers, handwash basins, toilets, and bidets. Such
 1148  sanitary facilities shall be connected to approved plumbing.
 1149  Such plumbing shall be sized, installed, and maintained in
 1150  accordance with the Florida Building Code as approved by the
 1151  local building authority. Wastewater or sewage shall be properly
 1152  treated onsite or discharged into an approved sewage collection
 1153  and treatment system.
 1154         (2)(b) Within a theme park or entertainment complex as
 1155  defined in s. 509.013 s. 509.013(9), the bathrooms are not
 1156  required to be in the same building as the public food service
 1157  establishment, so long as they are reasonably accessible.
 1158         (4) Each bedroom in a public lodging establishment and
 1159  vacation rental shall have an opening to the outside of the
 1160  building, air shafts, or courts sufficient to provide adequate
 1161  ventilation. Where ventilation is provided mechanically, the
 1162  system shall be capable of providing at least two air changes
 1163  per hour in all areas served. Where ventilation is provided by
 1164  windows, each room shall have at least one window opening
 1165  directly to the outside.
 1166         (9) Subsections (2), (5), and (6) do not apply to any
 1167  facility or unit classified as a vacation rental, nontransient
 1168  apartment, or timeshare project as described in s. 509.242(1)(c)
 1169  and (f) s. 509.242(1)(c), (d), and (g).
 1170         Section 33. Subsection (2) of section 509.241, Florida
 1171  Statutes, is amended to read:
 1172         509.241 Licenses required; exceptions.—
 1173         (2) APPLICATION FOR LICENSE.—Each person who plans to open
 1174  a public lodging establishment or a public food service
 1175  establishment shall apply for and receive a license from the
 1176  division before prior to the commencement of operation. A
 1177  condominium association, as defined in s. 718.103, which does
 1178  not own any units classified as a timeshare project vacation
 1179  rentals or timeshare projects under s. 509.242(1)(f) or as a
 1180  vacation rental s. 509.242(1)(c) or (g) is not required to apply
 1181  for or receive a public lodging establishment license.
 1182         Section 34. Subsection (1) of section 509.242, Florida
 1183  Statutes, is amended to read:
 1184         509.242 Public lodging establishments; classifications.—
 1185         (1) A public lodging establishment is shall be classified
 1186  as a hotel, motel, nontransient apartment, transient apartment,
 1187  bed and breakfast inn, or timeshare project, or vacation rental
 1188  if the establishment satisfies the following criteria:
 1189         (a) Hotel.—A hotel is any public lodging establishment
 1190  containing sleeping room accommodations for 25 or more guests
 1191  and providing the services generally provided by a hotel and
 1192  recognized as a hotel in the community in which it is situated
 1193  or by the industry.
 1194         (b) Motel.—A motel is any public lodging establishment
 1195  which offers rental units with an exit to the outside of each
 1196  rental unit, daily or weekly rates, offstreet parking for each
 1197  unit, a central office on the property with specified hours of
 1198  operation, a bathroom or connecting bathroom for each rental
 1199  unit, and at least six rental units, and which is recognized as
 1200  a motel in the community in which it is situated or by the
 1201  industry.
 1202         (c) Vacation rental.—A vacation rental is any unit or group
 1203  of units in a condominium or cooperative or any individually or
 1204  collectively owned single-family, two-family, three-family, or
 1205  four-family house or dwelling unit that is also a transient
 1206  public lodging establishment but that is not a timeshare
 1207  project.
 1208         (d)Nontransient apartment.—A nontransient apartment is a
 1209  building or complex of buildings in which 75 percent or more of
 1210  the units are available for rent to nontransient tenants.
 1211         (d)(e)Transient apartment.—A transient apartment is a
 1212  building or complex of buildings in which more than 25 percent
 1213  of the units are advertised or held out to the public as
 1214  available for transient occupancy.
 1215         (e)(f)Bed and breakfast inn.—A bed and breakfast inn is a
 1216  family home structure, with no more than 15 sleeping rooms,
 1217  which has been modified to serve as a transient public lodging
 1218  establishment, which provides the accommodation and meal
 1219  services generally offered by a bed and breakfast inn, and which
 1220  is recognized as a bed and breakfast inn in the community in
 1221  which it is situated or by the hospitality industry.
 1222         (f)(g)Timeshare project.—A timeshare project is a
 1223  timeshare property, as defined in chapter 721, that is located
 1224  in this state and that is also a transient public lodging
 1225  establishment.
 1226         Section 35. Subsection (1) of section 509.251, Florida
 1227  Statutes, is amended to read:
 1228         509.251 License fees.—
 1229         (1) The division shall adopt, by rule, a schedule of fees
 1230  to be paid by each public lodging establishment as a
 1231  prerequisite to issuance or renewal of a license. Such fees
 1232  shall be based on the number of rental units in the
 1233  establishment. The aggregate fee per establishment charged any
 1234  public lodging establishment may not exceed $1,000; however, the
 1235  fees described in paragraphs (a) and (b) may not be included as
 1236  part of the aggregate fee subject to this cap. Vacation rental
 1237  units or Timeshare projects within separate buildings or at
 1238  separate locations but managed by one licensed agent may be
 1239  combined in a single license application, and the division shall
 1240  charge a license fee as if all units in the application are in a
 1241  single licensed establishment. The fee schedule shall require an
 1242  establishment which applies for an initial license to pay the
 1243  full license fee if application is made during the annual
 1244  renewal period or more than 6 months before the next such
 1245  renewal period and one-half of the fee if application is made 6
 1246  months or less before such period. The fee schedule shall
 1247  include fees collected for the purpose of funding the
 1248  Hospitality Education Program, pursuant to s. 509.302, which are
 1249  payable in full for each application regardless of when the
 1250  application is submitted.
 1251         (a) Upon making initial application or an application for
 1252  change of ownership, the applicant shall pay to the division a
 1253  fee as prescribed by rule, not to exceed $50, in addition to any
 1254  other fees required by law, which shall cover all costs
 1255  associated with initiating regulation of the establishment.
 1256         (b) A license renewal filed with the division after the
 1257  expiration date shall be accompanied by a delinquent fee as
 1258  prescribed by rule, not to exceed $50, in addition to the
 1259  renewal fee and any other fees required by law.
 1260         Section 36. Subsection (1) of section 509.281, Florida
 1261  Statutes, is amended to read:
 1262         509.281 Prosecution for violation; duty of state attorney;
 1263  penalties.—
 1264         (1) The division or an agent of the division, upon
 1265  ascertaining by inspection that any public lodging
 1266  establishment, vacation rental, or public food service
 1267  establishment is being operated contrary to the provisions of
 1268  this chapter, shall make complaint and cause the arrest of the
 1269  violator, and the state attorney, upon request of the division
 1270  or agent, shall prepare all necessary papers and conduct the
 1271  prosecution. The division shall proceed in the courts by
 1272  mandamus or injunction whenever such proceedings may be
 1273  necessary to the proper enforcement of the provisions of this
 1274  chapter, of the rules adopted pursuant hereto, or of orders of
 1275  the division.
 1276         Section 37. Paragraph (a) of subsection (2) of section
 1277  509.302, Florida Statutes, is amended to read:
 1278         509.302 Hospitality Education Program.—
 1279         (2)(a) All public lodging establishments, and all public
 1280  food service establishments, and vacation rentals licensed under
 1281  this chapter shall pay an annual fee of no more than $10, which
 1282  shall be included in the annual license fee and used for the
 1283  sole purpose of funding the Hospitality Education Program.
 1284         Section 38. Section 509.4005, Florida Statutes, is amended
 1285  to read:
 1286         509.4005 Applicability of ss. 509.401-509.417.—Sections
 1287  509.401-509.417 apply only to guests in transient occupancy in a
 1288  public lodging establishment or vacation rental.
 1289         Section 39. Subsection (1) of section 509.401, Florida
 1290  Statutes, is amended to read:
 1291         509.401 Operator’s right to lockout.—
 1292         (1) If, upon a reasonable determination by an operator of a
 1293  public lodging establishment or vacation rental, a guest has
 1294  accumulated a large outstanding account at such establishment,
 1295  the operator may lock the guest out of the guest’s rental unit
 1296  for the purpose of requiring the guest to confront the operator
 1297  and arrange for payment on the account. Such arrangement must be
 1298  in writing, and a copy must be furnished to the guest.
 1299         Section 40. Section 509.402, Florida Statutes, is amended
 1300  to read:
 1301         509.402 Operator’s right to recover premises.—If the guest
 1302  of a public lodging establishment or vacation rental vacates the
 1303  premises without notice to the operator and the operator
 1304  reasonably believes the guest does not intend to satisfy the
 1305  outstanding account, the operator may recover the premises. Upon
 1306  recovery of the premises, the operator shall make an itemized
 1307  inventory of any property belonging to the guest and store such
 1308  property until a settlement or a final court judgment is
 1309  obtained on the guest’s outstanding account. Such inventory
 1310  shall be conducted by the operator and at least one other person
 1311  who is not an agent of the operator.
 1312         Section 41. Subsections (1) and (2) of section 509.405,
 1313  Florida Statutes, are amended to read:
 1314         509.405 Complaint; requirements.—To obtain an order
 1315  authorizing the issuance of a writ of distress upon final
 1316  judgment, the operator must first file with the clerk of the
 1317  court a complaint reciting and showing the following
 1318  information:
 1319         (1) A statement as to the amount of the guest’s account at
 1320  the public lodging establishment or vacation rental.
 1321         (2) A statement that the plaintiff is the operator of the
 1322  public lodging establishment or vacation rental in which the
 1323  guest has an outstanding account. If the operator’s interest in
 1324  such account is based on written documents, a copy of such
 1325  documents shall be attached to the complaint.
 1326         Section 42. Section 509.409, Florida Statutes, is amended
 1327  to read:
 1328         509.409 Writ; inventory.—When the officer seizes
 1329  distrainable property, either under s. 509.407 or s. 509.408,
 1330  and such property is seized on the premises of a public lodging
 1331  establishment or vacation rental, the officer shall inventory
 1332  the property, hold those items which, upon appraisal, would
 1333  appear to satisfy the plaintiff’s claim, and return the
 1334  remaining items to the defendant. If the defendant cannot be
 1335  found, the officer shall hold all items of property. The officer
 1336  shall release the property only pursuant to law or a court
 1337  order.
 1338         Section 43. Subsection (2) of section 509.417, Florida
 1339  Statutes, is amended to read:
 1340         509.417 Writ; sale of property distrained.—
 1341  (2) At the time any property levied on is sold, it must be
 1342  advertised two times, the first advertisement being at least 10
 1343  days before the sale. All property so levied on may be sold on
 1344  the premises of the public lodging establishment or the vacation
 1345  rental or at the courthouse door.
 1346  
 1347  ================= T I T L E  A M E N D M E N T ================
 1348  And the title is amended as follows:
 1349         Delete lines 12 - 86
 1350  and insert:
 1351         s. 509.604, F.S.; preempting licensing of vacation
 1352         rentals to the state; requiring vacation rentals to
 1353         obtain a license; specifying that individuals cannot
 1354         transfer licenses; specifying a penalty for operating
 1355         without a license; requiring local law enforcement to
 1356         assist with enforcement; specifying that the division
 1357         may refuse to issue or renew a license under certain
 1358         circumstances; specifying that licenses must be
 1359         renewed annually and that the division must adopt
 1360         rules for staggered renewals; specifying the manner in
 1361         which administrative proceedings proceed upon the
 1362         expiration of a license; specifying that persons
 1363         intending to use a property as a vacation rental apply
 1364         for and receive a license before use; requiring
 1365         applications for a license to include the operator’s
 1366         emergency contact phone number; requiring the division
 1367         to issue a temporary license upon receipt of an
 1368         application; requiring such licenses to be displayed
 1369         in a vacation rental; creating s. 509.605, F.S.;
 1370         requiring the division to adopt rules regarding
 1371         certain license and delinquent fees; specifying the
 1372         maximum number of units under one license; specifying
 1373         requirements regarding such fees; creating s. 509.606,
 1374         F.S.; providing penalties for violations; specifying
 1375         the circumstances that constitute a separate offense
 1376         of a critical law or rule; specifying circumstances
 1377         under which a closed-for-operation sign must be
 1378         posted; specifying where administrative fines must be
 1379         paid and credited to; specifying the maximum amount of
 1380         time a vacation rental license may be suspended;
 1381         specifying certain circumstances where the division
 1382         may fine, suspend, or revoke the license of a vacation
 1383         rental; specifying that persons are not entitled to a
 1384         license when administrative proceedings have been or
 1385         will be brought against a licensee; providing
 1386         enforcement for noncompliance with final orders or
 1387         other administrative actions; authorizing the division
 1388         to refuse the issuance or renewal of a license until
 1389         all fines have been paid; creating s. 509.607, F.S.;
 1390         specifying that vacation rentals are to be treated as
 1391         transient rentals regarding certain landlord and
 1392         tenant provisions; exempting persons renting or
 1393         advertising for rent from certain real estate
 1394         regulations; creating s. 509.608, F.S.; preempting
 1395         inspection of vacation rentals to the state;
 1396         specifying that the division is solely responsible for
 1397         inspections and quality assurance; specifying that the
 1398         division has a right of entry and access for
 1399         performing inspections; prohibiting the division from
 1400         establishing certain rules; specifying that vacation
 1401         rentals must be made available for inspection upon
 1402         request; specifying procedures for vulnerable adults
 1403         appearing to be victims of neglect and, in the case of
 1404         buildings without automatic sprinkler systems, persons
 1405         who may not be able to self-preserve in an emergency;
 1406         requiring the division to inspect vacation rentals
 1407         when necessary to respond to emergencies and
 1408         epidemiological conditions; amending s. 509.609, F.S.;
 1409         specifying additional requirements when a specified
 1410         number of certain vacation rental units that are under
 1411         common ownership are rented out for a specified number
 1412         of nights per year; specifying inspection requirements
 1413         for such vacation rentals; specifying penalties;
 1414         requiring the division to audit a specified number
 1415         such vacation rentals per year; amending s. 509.013,
 1416         F.S.; revising and defining terms; amending s.
 1417         509.032, F.S.; specifying provisions for inspection of
 1418         vacation rentals; revising the requirements of a
 1419         report relating to inspection of public lodging and
 1420         public food service establishments; specifying that
 1421         local governments may regulate activities that arise
 1422         when a property is used as a vacation rental subject
 1423         to certain conditions; requiring the division to make
 1424         vacation rental license information available to the
 1425         public and local governments; deleting a preemption of
 1426         local laws, ordinances, and regulations relating to
 1427         vacation rentals; amending ss. 159.27, 212.08,
 1428         316.1955, 404.056, and 477.0135, F.S.; conforming
 1429         cross-references; amending ss. 509.072, 509.091,
 1430         509.092, 509.095, 509.101, 509.111, 509.141, 509.142,
 1431         509.144, 509.162, 509.191, 509.2015, 509.211,
 1432         509.2112, and 509.215, F.S.; conforming provisions to
 1433         changes made by the act; amending s. 509.221, F.S.;
 1434         conforming provisions to changes made by the act;
 1435         revising a provision that excludes vacation rentals
 1436         from certain sanitary regulations for public lodging;
 1437         amending s. 509.241, F.S.; conforming