Florida Senate - 2019                        COMMITTEE AMENDMENT
       Bill No. SB 824
                              LEGISLATIVE ACTION                        
                    Senate             .             House              

       The Committee on Innovation, Industry, and Technology (Diaz)
       recommended the following:
    1         Senate Amendment (with title amendment)
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Section 509.013, Florida Statutes, is reordered
    6  and amended to read:
    7         509.013 Definitions.—As used in this chapter, the term:
    8         (1)”Advertising platform” means an online application,
    9  software, website, system, or print advertisement through which
   10  a transient public lodging establishment located in this state
   11  is advertised or held out to the public as available to rent for
   12  transient occupancy. The term does not include the multiple
   13  listing service or an online or print advertisement of a
   14  transient public lodging establishment by a real estate broker
   15  or sales associate licensed under chapter 475.
   16         (3)(1) “Division” means the Division of Hotels and
   17  Restaurants of the Department of Business and Professional
   18  Regulation.
   19         (8)(2) “Operator” means the owner, licensee, proprietor,
   20  lessee, manager, assistant manager, or appointed agent of a
   21  public lodging establishment or public food service
   22  establishment.
   23         (4)(3) “Guest” means any patron, customer, tenant, lodger,
   24  boarder, or occupant of a public lodging establishment or public
   25  food service establishment.
   26         (10)(a)(4)(a) “Public lodging establishment” includes a
   27  transient public lodging establishment as defined in
   28  subparagraph 1. and a nontransient public lodging establishment
   29  as defined in subparagraph 2.
   30         1. “Transient public lodging establishment” means any unit,
   31  group of units, dwelling, building, or group of buildings within
   32  a single complex of buildings which is rented to guests more
   33  than three times in a calendar year for periods of less than 30
   34  days or 1 calendar month, whichever is less, or which is
   35  advertised or held out to the public as a place regularly rented
   36  to guests for less than 30 days or 1 calendar month. The term
   37  includes a unit that is advertised for rent by an advertising
   38  platform.
   39         2. “Nontransient public lodging establishment” means any
   40  unit, group of units, dwelling, building, or group of buildings
   41  within a single complex of buildings which is rented to guests
   42  for periods of at least 30 days or 1 calendar month, whichever
   43  is less, or which is advertised or held out to the public as a
   44  place regularly rented to guests for periods of at least 30 days
   45  or 1 calendar month.
   47  License classifications of public lodging establishments, and
   48  the definitions therefor, are set out in s. 509.242. For the
   49  purpose of licensure, the term does not include condominium
   50  common elements as defined in s. 718.103.
   51         (b) The following are excluded from the definitions in
   52  paragraph (a):
   53         1. Any dormitory or other living or sleeping facility
   54  maintained by a public or private school, college, or university
   55  for the use of students, faculty, or visitors.
   56         2. Any facility certified or licensed and regulated by the
   57  Agency for Health Care Administration or the Department of
   58  Children and Families or other similar place regulated under s.
   59  381.0072.
   60         3. Any place renting four rental units or less, unless the
   61  rental units are advertised or held out to the public to be
   62  places that are regularly rented to transients.
   63         4. Any unit or group of units in a condominium,
   64  cooperative, or timeshare plan and any individually or
   65  collectively owned one-family, two-family, three-family, or
   66  four-family dwelling house or dwelling unit that is rented for
   67  periods of at least 30 days or 1 calendar month, whichever is
   68  less, and that is not advertised or held out to the public as a
   69  place regularly rented for periods of less than 1 calendar
   70  month, provided that no more than four rental units within a
   71  single complex of buildings are available for rent.
   72         5. Any migrant labor camp or residential migrant housing
   73  permitted by the Department of Health under ss. 381.008
   74  381.00895.
   75         6. Any establishment inspected by the Department of Health
   76  and regulated by chapter 513.
   77         7. Any nonprofit organization that operates a facility
   78  providing housing only to patients, patients’ families, and
   79  patients’ caregivers and not to the general public.
   80         8. Any apartment building inspected by the United States
   81  Department of Housing and Urban Development or other entity
   82  acting on the department’s behalf that is designated primarily
   83  as housing for persons at least 62 years of age. The division
   84  may require the operator of the apartment building to attest in
   85  writing that such building meets the criteria provided in this
   86  subparagraph. The division may adopt rules to implement this
   87  requirement.
   88         9. Any roominghouse, boardinghouse, or other living or
   89  sleeping facility that may not be classified as a hotel, motel,
   90  timeshare project, vacation rental, nontransient apartment, bed
   91  and breakfast inn, or transient apartment under s. 509.242.
   92         (9)(a)(5)(a) “Public food service establishment” means any
   93  building, vehicle, place, or structure, or any room or division
   94  in a building, vehicle, place, or structure where food is
   95  prepared, served, or sold for immediate consumption on or in the
   96  vicinity of the premises; called for or taken out by customers;
   97  or prepared prior to being delivered to another location for
   98  consumption. The term includes a culinary education program, as
   99  defined in s. 381.0072(2), which offers, prepares, serves, or
  100  sells food to the general public, regardless of whether it is
  101  inspected by another state agency for compliance with sanitation
  102  standards.
  103         (b) The following are excluded from the definition in
  104  paragraph (a):
  105         1. Any place maintained and operated by a public or private
  106  school, college, or university:
  107         a. For the use of students and faculty; or
  108         b. Temporarily to serve such events as fairs, carnivals,
  109  food contests, cook-offs, and athletic contests.
  110         2. Any eating place maintained and operated by a church or
  111  a religious, nonprofit fraternal, or nonprofit civic
  112  organization:
  113         a. For the use of members and associates; or
  114         b. Temporarily to serve such events as fairs, carnivals,
  115  food contests, cook-offs, or athletic contests.
  117  Upon request by the division, a church or a religious, nonprofit
  118  fraternal, or nonprofit civic organization claiming an exclusion
  119  under this subparagraph must provide the division documentation
  120  of its status as a church or a religious, nonprofit fraternal,
  121  or nonprofit civic organization.
  122         3. Any eating place maintained and operated by an
  123  individual or entity at a food contest, cook-off, or a temporary
  124  event lasting from 1 to 3 days which is hosted by a church or a
  125  religious, nonprofit fraternal, or nonprofit civic organization.
  126  Upon request by the division, the event host must provide the
  127  division documentation of its status as a church or a religious,
  128  nonprofit fraternal, or nonprofit civic organization.
  129         4. Any eating place located on an airplane, train, bus, or
  130  watercraft which is a common carrier.
  131         5. Any eating place maintained by a facility certified or
  132  licensed and regulated by the Agency for Health Care
  133  Administration or the Department of Children and Families or
  134  other similar place that is regulated under s. 381.0072.
  135         6. Any place of business issued a permit or inspected by
  136  the Department of Agriculture and Consumer Services under s.
  137  500.12.
  138         7. Any place of business where the food available for
  139  consumption is limited to ice, beverages with or without
  140  garnishment, popcorn, or prepackaged items sold without
  141  additions or preparation.
  142         8. Any theater, if the primary use is as a theater and if
  143  patron service is limited to food items customarily served to
  144  the admittees of theaters.
  145         9. Any vending machine that dispenses any food or beverages
  146  other than potentially hazardous foods, as defined by division
  147  rule.
  148         10. Any vending machine that dispenses potentially
  149  hazardous food and which is located in a facility regulated
  150  under s. 381.0072.
  151         11. Any research and development test kitchen limited to
  152  the use of employees and which is not open to the general
  153  public.
  154         (2)(6) “Director” means the Director of the Division of
  155  Hotels and Restaurants of the Department of Business and
  156  Professional Regulation.
  157         (11)(7) “Single complex of buildings” means all buildings
  158  or structures that are owned, managed, controlled, or operated
  159  under one business name and are situated on the same tract or
  160  plot of land that is not separated by a public street or
  161  highway.
  162         (12)(8) “Temporary food service event” means any event of
  163  30 days or less in duration where food is prepared, served, or
  164  sold to the general public.
  165         (13)(9) “Theme park or entertainment complex” means a
  166  complex comprised of at least 25 contiguous acres owned and
  167  controlled by the same business entity and which contains
  168  permanent exhibitions and a variety of recreational activities
  169  and has a minimum of 1 million visitors annually.
  170         (14)(10) “Third-party provider” means, for purposes of s.
  171  509.049, any provider of an approved food safety training
  172  program that provides training or such a training program to a
  173  public food service establishment that is not under common
  174  ownership or control with the provider.
  175         (16)(11) “Transient establishment” means a any public
  176  lodging establishment that is rented or leased to guests by an
  177  operator whose intention is that such guests’ occupancy will be
  178  temporary.
  179         (17)(12) “Transient occupancy” means occupancy when it is
  180  the intention of the parties that the occupancy will be
  181  temporary. There is a rebuttable presumption that, when the
  182  dwelling unit occupied is not the sole residence of the guest,
  183  the occupancy is transient.
  184         (15)(13) “Transient” means a guest in transient occupancy.
  185         (6)(14) “Nontransient establishment” means any public
  186  lodging establishment that is rented or leased to guests by an
  187  operator whose intention is that the dwelling unit occupied will
  188  be the sole residence of the guest.
  189         (7)(15) “Nontransient occupancy” means occupancy when it is
  190  the intention of the parties that the occupancy will not be
  191  temporary. There is a rebuttable presumption that, when the
  192  dwelling unit occupied is the sole residence of the guest, the
  193  occupancy is nontransient.
  194         (5)(16) “Nontransient” means a guest in nontransient
  195  occupancy.
  196         Section 2. Effective upon this act becoming a law,
  197  subsection (7) of section 509.032, Florida Statutes, is amended
  198  to read:
  199         509.032 Duties.—
  200         (7) PREEMPTION AUTHORITY.—
  201         (a) Advertising platforms, public lodging establishments,
  202  and public food service establishments.The regulation of
  203  advertising platforms, public lodging establishments, and public
  204  food service establishments, including, but not limited to,
  205  sanitation standards, inspections, training and testing of
  206  personnel, and matters related to the nutritional content and
  207  marketing of foods offered in such establishments, is preempted
  208  to the state. This paragraph does not preempt the authority of a
  209  local government or local enforcement district to conduct
  210  inspections of public lodging and public food service
  211  establishments for compliance with the Florida Building Code and
  212  the Florida Fire Prevention Code, pursuant to ss. 553.80 and
  213  633.206.
  214         (b) Vacation rentals.
  215         1.The Legislature finds that:
  216         a. Property owners who choose to use their property as a
  217  vacation rental have constitutionally protected property rights
  218  and other rights that must be protected, including the right to
  219  use their residential property as a vacation rental;
  220         b. Vacation rentals play a significant, unique, and
  221  critical role in Florida’s tourism industry, and that role is
  222  different from other types of public lodging establishments;
  223         c. There are factors unique to the ownership and operation
  224  of a vacation rental; and
  225         d. Vacation rentals are residential in nature, a
  226  residential use and thus are allowed in residential
  227  neighborhoods.
  228         2. Except as provided under this paragraph, the regulation
  229  of vacation rentals, including, but not limited to, inspection,
  230  licensure, and occupancy limits, is expressly preempted to the
  231  state.
  232         3. A local law, ordinance, or regulation may regulate
  233  activities that arise when a property is used as a vacation
  234  rental if the law, ordinance, or regulation applies uniformly to
  235  all residential properties without regard to whether the
  236  property is used as a vacation rental as defined in s. 509.242,
  237  the property is used as a long-term rental subject to chapter
  238  83, or the property owner chooses not to rent the property.
  239  However, a local law, ordinance, or regulation may not prohibit
  240  vacation rentals, impose occupancy limits, or regulate the
  241  duration or frequency of rental of vacation rentals.
  242         4. A local law, ordinance, or regulation may not allow or
  243  require the inspection or licensing of vacation rentals.
  244         5. A court of law shall determine if a local law,
  245  ordinance, or regulation complies with this section without
  246  regard to any assertion in the local law, ordinance, or
  247  regulation that it complies. In all actions brought pursuant to
  248  this section, the political subdivision that enacted the local
  249  law, ordinance, or regulation shall establish by clear and
  250  convincing evidence that the local law, ordinance, or regulation
  251  complies with this section This paragraph does not apply to any
  252  local law, ordinance, or regulation adopted on or before June 1,
  253  2011.
  254         6.(c)This paragraph (b) does not apply to any local law,
  255  ordinance, or regulation exclusively relating to property
  256  valuation as a criterion for vacation rental if the local law,
  257  ordinance, or regulation is required to be approved by the state
  258  land planning agency pursuant to an area of critical state
  259  concern designation.
  260         Section 3. Subsections (2) and (3) of section 509.241,
  261  Florida Statutes, are amended to read:
  262         509.241 Licenses required; exceptions.—
  263         (2) APPLICATION FOR LICENSE.—
  264         (a) Each person who plans to open a public lodging
  265  establishment or a public food service establishment shall apply
  266  for and receive a license from the division prior to the
  267  commencement of operation. A condominium association, as defined
  268  in s. 718.103, which does not own any units classified as
  269  vacation rentals or timeshare projects under s. 509.242(1)(c) or
  270  (g) is not required to apply for or receive a public lodging
  271  establishment license.
  272         (b)Each person applying for a vacation rental license
  273  shall provide the name, address, telephone number, and e-mail
  274  address of the person the division may contact when a complaint
  275  related to a vacation rental is reported. The division shall
  276  make vacation rental license information, including the contact
  277  person, available to the public on the division’s website.
  278         (3) DISPLAY OF LICENSE.—Any license issued by the division
  279  must shall be conspicuously displayed to the public inside of in
  280  the office or lobby of the licensed establishment. Public food
  281  service establishments that which offer catering services must
  282  shall display their license number on all advertising for
  283  catering services. The operator of a vacation rental or a unit
  284  in a transient or nontransient apartment that is offered for
  285  transient occupancy shall display its license number in all
  286  advertising for such rentals.
  287         Section 4. Paragraph (c) of subsection (1) of section
  288  509.242, Florida Statutes, is amended to read:
  289         509.242 Public lodging establishments; classifications.—
  290         (1) A public lodging establishment shall be classified as a
  291  hotel, motel, nontransient apartment, transient apartment, bed
  292  and breakfast inn, timeshare project, or vacation rental if the
  293  establishment satisfies the following criteria:
  294         (c) Vacation rental.—A vacation rental is a any unit or
  295  group of units in a condominium or cooperative or in an any
  296  individually or collectively owned single-family, two-family,
  297  three-family, or four-family house or dwelling unit which that
  298  is also a transient public lodging establishment but that is not
  299  a timeshare project.
  300         Section 5. Section 509.243, Florida Statutes, is created to
  301  read:
  302         509.243 Advertising platforms.—
  303         (1) An advertising platform may facilitate a booking
  304  transaction for a transient guest’s rental of a transient public
  305  lodging establishment located in this state if the advertising
  306  platform is registered with the division. The division shall
  307  issue a registration to each person who meets the requirements
  308  of this section and the rules adopted hereunder.
  309         (2) An advertising platform shall:
  310         (a)Designate and maintain on file with the division an
  311  agent for service of process in this state;
  312         (b)Disclose in its terms and conditions the reporting
  313  requirements of s. 509.101(2); and
  314         (c)Take down an offending advertisement or listing from
  315  its online application, software, website, or system within 30
  316  business days after being notified by the division in writing
  317  that the advertisement or listing for the rental of a transient
  318  public lodging establishment located in this state fails to
  319  display a valid license number issued by the division.
  320         (3) A person who has operated or is operating in violation
  321  of this section or the rules of the division may be subject by
  322  the division to fines of up to $250 per offense, not to exceed
  323  $5,000 in the aggregate.
  324         Section 6. Subsection (12) of section 159.27, Florida
  325  Statutes, is amended to read:
  326         159.27 Definitions.—The following words and terms, unless
  327  the context clearly indicates a different meaning, shall have
  328  the following meanings:
  329         (12) “Public lodging or restaurant facility” means property
  330  used for any public lodging establishment as defined in s.
  331  509.242 or public food service establishment as defined in s.
  332  509.013 s. 509.013(5) if it is part of the complex of, or
  333  necessary to, another facility qualifying under this part.
  334         Section 7. Paragraph (jj) of subsection (7) of section
  335  212.08, Florida Statutes, is amended to read:
  336         212.08 Sales, rental, use, consumption, distribution, and
  337  storage tax; specified exemptions.—The sale at retail, the
  338  rental, the use, the consumption, the distribution, and the
  339  storage to be used or consumed in this state of the following
  340  are hereby specifically exempt from the tax imposed by this
  341  chapter.
  342         (7) MISCELLANEOUS EXEMPTIONS.—Exemptions provided to any
  343  entity by this chapter do not inure to any transaction that is
  344  otherwise taxable under this chapter when payment is made by a
  345  representative or employee of the entity by any means,
  346  including, but not limited to, cash, check, or credit card, even
  347  when that representative or employee is subsequently reimbursed
  348  by the entity. In addition, exemptions provided to any entity by
  349  this subsection do not inure to any transaction that is
  350  otherwise taxable under this chapter unless the entity has
  351  obtained a sales tax exemption certificate from the department
  352  or the entity obtains or provides other documentation as
  353  required by the department. Eligible purchases or leases made
  354  with such a certificate must be in strict compliance with this
  355  subsection and departmental rules, and any person who makes an
  356  exempt purchase with a certificate that is not in strict
  357  compliance with this subsection and the rules is liable for and
  358  shall pay the tax. The department may adopt rules to administer
  359  this subsection.
  360         (jj) Complimentary meals.—Also exempt from the tax imposed
  361  by this chapter are food or drinks that are furnished as part of
  362  a packaged room rate by any person offering for rent or lease
  363  any transient living accommodations as described in s.
  364  509.013(10)(a) s. 509.013(4)(a) which are licensed under part I
  365  of chapter 509 and which are subject to the tax under s. 212.03,
  366  if a separate charge or specific amount for the food or drinks
  367  is not shown. Such food or drinks are considered to be sold at
  368  retail as part of the total charge for the transient living
  369  accommodations. Moreover, the person offering the accommodations
  370  is not considered to be the consumer of items purchased in
  371  furnishing such food or drinks and may purchase those items
  372  under conditions of a sale for resale.
  373         Section 8. Paragraph (b) of subsection (4) of section
  374  316.1955, Florida Statutes, is amended to read:
  375         316.1955 Enforcement of parking requirements for persons
  376  who have disabilities.—
  377         (4)
  378         (b) Notwithstanding paragraph (a), a theme park or an
  379  entertainment complex as defined in s. 509.013 s. 509.013(9)
  380  which provides parking in designated areas for persons who have
  381  disabilities may allow any vehicle that is transporting a person
  382  who has a disability to remain parked in a space reserved for
  383  persons who have disabilities throughout the period the theme
  384  park is open to the public for that day.
  385         Section 9. Subsection (5) of section 404.056, Florida
  386  Statutes, is amended to read:
  387         404.056 Environmental radiation standards and projects;
  388  certification of persons performing measurement or mitigation
  389  services; mandatory testing; notification on real estate
  390  documents; rules.—
  391         (5) NOTIFICATION ON REAL ESTATE DOCUMENTS.—Notification
  392  shall be provided on at least one document, form, or application
  393  executed at the time of, or prior to, contract for sale and
  394  purchase of any building or execution of a rental agreement for
  395  any building. Such notification shall contain the following
  396  language:
  398         “RADON GAS: Radon is a naturally occurring radioactive gas
  399  that, when it has accumulated in a building in sufficient
  400  quantities, may present health risks to persons who are exposed
  401  to it over time. Levels of radon that exceed federal and state
  402  guidelines have been found in buildings in Florida. Additional
  403  information regarding radon and radon testing may be obtained
  404  from your county health department.”
  406  The requirements of this subsection do not apply to any
  407  residential transient occupancy, as described in s. 509.013 s.
  408  509.013(12), provided that such occupancy is 45 days or less in
  409  duration.
  410         Section 10. Subsection (6) of section 477.0135, Florida
  411  Statutes, is amended to read:
  412         477.0135 Exemptions.—
  413         (6) A license is not required of any individual providing
  414  makeup or special effects services in a theme park or
  415  entertainment complex to an actor, stunt person, musician,
  416  extra, or other talent, or providing makeup or special effects
  417  services to the general public. The term “theme park or
  418  entertainment complex” has the same meaning as in s. 509.013 s.
  419  509.013(9).
  420         Section 11. Paragraph (c) of subsection (3) of section
  421  509.032, Florida Statutes, is amended to read:
  422         509.032 Duties.—
  424  EVENTS.—The division shall:
  425         (c) Administer a public notification process for temporary
  426  food service events and distribute educational materials that
  427  address safe food storage, preparation, and service procedures.
  428         1. Sponsors of temporary food service events shall notify
  429  the division not less than 3 days before the scheduled event of
  430  the type of food service proposed, the time and location of the
  431  event, a complete list of food service vendors participating in
  432  the event, the number of individual food service facilities each
  433  vendor will operate at the event, and the identification number
  434  of each food service vendor’s current license as a public food
  435  service establishment or temporary food service event licensee.
  436  Notification may be completed orally, by telephone, in person,
  437  or in writing. A public food service establishment or food
  438  service vendor may not use this notification process to
  439  circumvent the license requirements of this chapter.
  440         2. The division shall keep a record of all notifications
  441  received for proposed temporary food service events and shall
  442  provide appropriate educational materials to the event sponsors
  443  and notify the event sponsors of the availability of the food
  444  recovery brochure developed under s. 595.420.
  445         3.a. Unless excluded under s. 509.013(9)(b) s.
  446  509.013(5)(b), a public food service establishment or other food
  447  service vendor must obtain one of the following classes of
  448  license from the division: an individual license, for a fee of
  449  no more than $105, for each temporary food service event in
  450  which it participates; or an annual license, for a fee of no
  451  more than $1,000, that entitles the licensee to participate in
  452  an unlimited number of food service events during the license
  453  period. The division shall establish license fees, by rule, and
  454  may limit the number of food service facilities a licensee may
  455  operate at a particular temporary food service event under a
  456  single license.
  457         b. Public food service establishments holding current
  458  licenses from the division may operate under the regulations of
  459  such a license at temporary food service events.
  460         Section 12. Paragraph (b) of subsection (2) of section
  461  509.221, Florida Statutes, is amended to read:
  462         509.221 Sanitary regulations.—
  463         (2)
  464         (b) Within a theme park or entertainment complex as defined
  465  in s. 509.013 s. 509.013(9), the bathrooms are not required to
  466  be in the same building as the public food service
  467  establishment, so long as they are reasonably accessible.
  468         Section 13. Paragraph (b) of subsection (5) of section
  469  553.5041, Florida Statutes, is amended to read:
  470         553.5041 Parking spaces for persons who have disabilities.—
  471         (5) Accessible perpendicular and diagonal accessible
  472  parking spaces and loading zones must be designed and located to
  473  conform to ss. 502 and 503 of the standards.
  474         (b) If there are multiple entrances or multiple retail
  475  stores, the parking spaces must be dispersed to provide parking
  476  at the nearest accessible entrance. If a theme park or an
  477  entertainment complex as defined in s. 509.013 s. 509.013(9)
  478  provides parking in several lots or areas from which access to
  479  the theme park or entertainment complex is provided, a single
  480  lot or area may be designated for parking by persons who have
  481  disabilities, if the lot or area is located on the shortest
  482  accessible route to an accessible entrance to the theme park or
  483  entertainment complex or to transportation to such an accessible
  484  entrance.
  485         Section 14. Section 717.1355, Florida Statutes, is amended
  486  to read:
  487         717.1355 Theme park and entertainment complex tickets.—This
  488  chapter does not apply to any tickets for admission to a theme
  489  park or entertainment complex as defined in s. 509.013 s.
  490  509.013(9), or to any tickets to a permanent exhibition or
  491  recreational activity within such theme park or entertainment
  492  complex.
  493         Section 15. Subsection (8) of section 877.24, Florida
  494  Statutes, is amended to read:
  495         877.24 Nonapplication of s. 877.22.—Section 877.22 does not
  496  apply to a minor who is:
  497         (8) Attending an organized event held at and sponsored by a
  498  theme park or entertainment complex as defined in s. 509.013 s.
  499  509.013(9).
  500         Section 16. For the purpose of incorporating the amendment
  501  made by this act to section 509.013, Florida Statutes, in a
  502  reference thereto, paragraph (a) of subsection (1) of section
  503  196.199, Florida Statutes, is reenacted to read:
  504         196.199 Government property exemption.—
  505         (1) Property owned and used by the following governmental
  506  units shall be exempt from taxation under the following
  507  conditions:
  508         (a)1. All property of the United States is exempt from ad
  509  valorem taxation, except such property as is subject to tax by
  510  this state or any political subdivision thereof or any
  511  municipality under any law of the United States.
  512  2. Notwithstanding any other provision of law, for purposes of
  513  the exemption from ad valorem taxation provided in subparagraph
  514  1., property of the United States includes any leasehold
  515  interest of and improvements affixed to land owned by the United
  516  States, any branch of the United States Armed Forces, or any
  517  agency or quasi-governmental agency of the United States if the
  518  leasehold interest and improvements are acquired or constructed
  519  and used pursuant to the federal Military Housing Privatization
  520  Initiative of 1996, 10 U.S.C. ss. 2871 et seq. As used in this
  521  subparagraph, the term “improvements” includes actual housing
  522  units and any facilities that are directly related to such
  523  housing units, including any housing maintenance facilities,
  524  housing rental and management offices, parks and community
  525  centers, and recreational facilities. Any leasehold interest and
  526  improvements described in this subparagraph, regardless of
  527  whether title is held by the United States, shall be construed
  528  as being owned by the United States, the applicable branch of
  529  the United States Armed Forces, or the applicable agency or
  530  quasi-governmental agency of the United States and are exempt
  531  from ad valorem taxation without the necessity of an application
  532  for exemption being filed or approved by the property appraiser.
  533  This subparagraph does not apply to a transient public lodging
  534  establishment as defined in s. 509.013 and does not affect any
  535  existing agreement to provide municipal services by a
  536  municipality or county.
  537         Section 17. For the purpose of incorporating the amendment
  538  made by this act to section 509.013, Florida Statutes, in a
  539  reference thereto, paragraph (a) of subsection (1) of section
  540  212.031, Florida Statutes, is reenacted to read:
  541         212.031 Tax on rental or license fee for use of real
  542  property.—
  543         (1)(a) It is declared to be the legislative intent that
  544  every person is exercising a taxable privilege who engages in
  545  the business of renting, leasing, letting, or granting a license
  546  for the use of any real property unless such property is:
  547         1. Assessed as agricultural property under s. 193.461.
  548         2. Used exclusively as dwelling units.
  549         3. Property subject to tax on parking, docking, or storage
  550  spaces under s. 212.03(6).
  551         4. Recreational property or the common elements of a
  552  condominium when subject to a lease between the developer or
  553  owner thereof and the condominium association in its own right
  554  or as agent for the owners of individual condominium units or
  555  the owners of individual condominium units. However, only the
  556  lease payments on such property shall be exempt from the tax
  557  imposed by this chapter, and any other use made by the owner or
  558  the condominium association shall be fully taxable under this
  559  chapter.
  560         5. A public or private street or right-of-way and poles,
  561  conduits, fixtures, and similar improvements located on such
  562  streets or rights-of-way, occupied or used by a utility or
  563  provider of communications services, as defined by s. 202.11,
  564  for utility or communications or television purposes. For
  565  purposes of this subparagraph, the term “utility” means any
  566  person providing utility services as defined in s. 203.012. This
  567  exception also applies to property, wherever located, on which
  568  the following are placed: towers, antennas, cables, accessory
  569  structures, or equipment, not including switching equipment,
  570  used in the provision of mobile communications services as
  571  defined in s. 202.11. For purposes of this chapter, towers used
  572  in the provision of mobile communications services, as defined
  573  in s. 202.11, are considered to be fixtures.
  574         6. A public street or road which is used for transportation
  575  purposes.
  576         7. Property used at an airport exclusively for the purpose
  577  of aircraft landing or aircraft taxiing or property used by an
  578  airline for the purpose of loading or unloading passengers or
  579  property onto or from aircraft or for fueling aircraft.
  580         8.a. Property used at a port authority, as defined in s.
  581  315.02(2), exclusively for the purpose of oceangoing vessels or
  582  tugs docking, or such vessels mooring on property used by a port
  583  authority for the purpose of loading or unloading passengers or
  584  cargo onto or from such a vessel, or property used at a port
  585  authority for fueling such vessels, or to the extent that the
  586  amount paid for the use of any property at the port is based on
  587  the charge for the amount of tonnage actually imported or
  588  exported through the port by a tenant.
  589         b. The amount charged for the use of any property at the
  590  port in excess of the amount charged for tonnage actually
  591  imported or exported shall remain subject to tax except as
  592  provided in sub-subparagraph a.
  593         9. Property used as an integral part of the performance of
  594  qualified production services. As used in this subparagraph, the
  595  term “qualified production services” means any activity or
  596  service performed directly in connection with the production of
  597  a qualified motion picture, as defined in s. 212.06(1)(b), and
  598  includes:
  599         a. Photography, sound and recording, casting, location
  600  managing and scouting, shooting, creation of special and optical
  601  effects, animation, adaptation (language, media, electronic, or
  602  otherwise), technological modifications, computer graphics, set
  603  and stage support (such as electricians, lighting designers and
  604  operators, greensmen, prop managers and assistants, and grips),
  605  wardrobe (design, preparation, and management), hair and makeup
  606  (design, production, and application), performing (such as
  607  acting, dancing, and playing), designing and executing stunts,
  608  coaching, consulting, writing, scoring, composing,
  609  choreographing, script supervising, directing, producing,
  610  transmitting dailies, dubbing, mixing, editing, cutting,
  611  looping, printing, processing, duplicating, storing, and
  612  distributing;
  613         b. The design, planning, engineering, construction,
  614  alteration, repair, and maintenance of real or personal property
  615  including stages, sets, props, models, paintings, and facilities
  616  principally required for the performance of those services
  617  listed in sub-subparagraph a.; and
  618         c. Property management services directly related to
  619  property used in connection with the services described in sub
  620  subparagraphs a. and b.
  622  This exemption will inure to the taxpayer upon presentation of
  623  the certificate of exemption issued to the taxpayer under the
  624  provisions of s. 288.1258.
  625         10. Leased, subleased, licensed, or rented to a person
  626  providing food and drink concessionaire services within the
  627  premises of a convention hall, exhibition hall, auditorium,
  628  stadium, theater, arena, civic center, performing arts center,
  629  publicly owned recreational facility, or any business operated
  630  under a permit issued pursuant to chapter 550. A person
  631  providing retail concessionaire services involving the sale of
  632  food and drink or other tangible personal property within the
  633  premises of an airport shall be subject to tax on the rental of
  634  real property used for that purpose, but shall not be subject to
  635  the tax on any license to use the property. For purposes of this
  636  subparagraph, the term “sale” shall not include the leasing of
  637  tangible personal property.
  638         11. Property occupied pursuant to an instrument calling for
  639  payments which the department has declared, in a Technical
  640  Assistance Advisement issued on or before March 15, 1993, to be
  641  nontaxable pursuant to rule 12A-1.070(19)(c), Florida
  642  Administrative Code; provided that this subparagraph shall only
  643  apply to property occupied by the same person before and after
  644  the execution of the subject instrument and only to those
  645  payments made pursuant to such instrument, exclusive of renewals
  646  and extensions thereof occurring after March 15, 1993.
  647         12. Property used or occupied predominantly for space
  648  flight business purposes. As used in this subparagraph, “space
  649  flight business” means the manufacturing, processing, or
  650  assembly of a space facility, space propulsion system, space
  651  vehicle, satellite, or station of any kind possessing the
  652  capacity for space flight, as defined by s. 212.02(23), or
  653  components thereof, and also means the following activities
  654  supporting space flight: vehicle launch activities, flight
  655  operations, ground control or ground support, and all
  656  administrative activities directly related thereto. Property
  657  shall be deemed to be used or occupied predominantly for space
  658  flight business purposes if more than 50 percent of the
  659  property, or improvements thereon, is used for one or more space
  660  flight business purposes. Possession by a landlord, lessor, or
  661  licensor of a signed written statement from the tenant, lessee,
  662  or licensee claiming the exemption shall relieve the landlord,
  663  lessor, or licensor from the responsibility of collecting the
  664  tax, and the department shall look solely to the tenant, lessee,
  665  or licensee for recovery of such tax if it determines that the
  666  exemption was not applicable.
  667         13. Rented, leased, subleased, or licensed to a person
  668  providing telecommunications, data systems management, or
  669  Internet services at a publicly or privately owned convention
  670  hall, civic center, or meeting space at a public lodging
  671  establishment as defined in s. 509.013. This subparagraph
  672  applies only to that portion of the rental, lease, or license
  673  payment that is based upon a percentage of sales, revenue
  674  sharing, or royalty payments and not based upon a fixed price.
  675  This subparagraph is intended to be clarifying and remedial in
  676  nature and shall apply retroactively. This subparagraph does not
  677  provide a basis for an assessment of any tax not paid, or create
  678  a right to a refund of any tax paid, pursuant to this section
  679  before July 1, 2010.
  680         Section 18. For the purpose of incorporating the amendment
  681  made by this act to section 509.013, Florida Statutes, in a
  682  reference thereto, paragraph (c) of subsection (1) of section
  683  413.08, Florida Statutes, is reenacted to read:
  684         413.08 Rights and responsibilities of an individual with a
  685  disability; use of a service animal; prohibited discrimination
  686  in public employment, public accommodations, and housing
  687  accommodations; penalties.—
  688         (1) As used in this section and s. 413.081, the term:
  689         (c) “Public accommodation” means a common carrier,
  690  airplane, motor vehicle, railroad train, motor bus, streetcar,
  691  boat, or other public conveyance or mode of transportation;
  692  hotel; a timeshare that is a transient public lodging
  693  establishment as defined in s. 509.013; lodging place; place of
  694  public accommodation, amusement, or resort; and other places to
  695  which the general public is invited, subject only to the
  696  conditions and limitations established by law and applicable
  697  alike to all persons. The term does not include air carriers
  698  covered by the Air Carrier Access Act of 1986, 49 U.S.C. s.
  699  41705, and by regulations adopted by the United States
  700  Department of Transportation to implement such act.
  701         Section 19. For the purpose of incorporating the amendment
  702  made by this act to section 509.242, Florida Statutes, in a
  703  reference thereto, subsection (9) of section 509.221, Florida
  704  Statutes, is reenacted to read:
  705         509.221 Sanitary regulations.—
  706         (9) Subsections (2), (5), and (6) do not apply to any
  707  facility or unit classified as a vacation rental, nontransient
  708  apartment, or timeshare project as described in s.
  709  509.242(1)(c), (d), and (g).
  710         Section 20. The Legislature does not intend for the
  711  application of this act to supersede any current or future
  712  declaration or declaration of condominium adopted pursuant to
  713  chapter 718, Florida Statutes, cooperative documents adopted
  714  pursuant to chapter 719, Florida Statutes, or declaration of
  715  covenants or declaration adopted pursuant to chapter 720,
  716  Florida Statutes.
  717         Section 21. If any provision of this act or its application
  718  to any person or circumstance is held invalid, the invalidity
  719  does not affect other provisions or applications of the act
  720  which can be given effect without the invalid provision or
  721  application, and to this end the provisions of this act are
  722  severable.
  723         Section 22. Except as otherwise expressly provided in this
  724  act, and except for this section and section 20 of this act,
  725  which shall take effect upon this act becoming a law, this act
  726  shall take effect January 1, 2020.
  728  ================= T I T L E  A M E N D M E N T ================
  729  And the title is amended as follows:
  730         Delete everything before the enacting clause
  731  and insert:
  732                        A bill to be entitled                      
  733         An act relating to vacation rentals; amending s.
  734         509.013, F.S.; defining and redefining terms; amending
  735         s. 509.032, F.S.; preempting the regulation of
  736         advertising platforms and vacation rentals to the
  737         state; providing an exception; providing legislative
  738         findings; requiring a court of law to determine
  739         compliance with specified provisions; amending s.
  740         509.241, F.S.; requiring each person applying for a
  741         vacation rental license to provide the Division of
  742         Hotels and Restaurants of the Department of Business
  743         and Professional Regulation with specified
  744         information; requiring the division to make vacation
  745         rental license information available to the public on
  746         the division’s website; requiring licenses issued by
  747         the division to be displayed conspicuously to the
  748         public; requiring the operator of a vacation rental or
  749         specified public lodging establishment to display its
  750         license number in advertisements; amending s. 509.242,
  751         F.S.; revising the criteria for a public lodging
  752         establishment to be classified as a vacation rental;
  753         creating s. 509.243, F.S.; authorizing an advertising
  754         platform to facilitate booking transactions under
  755         certain circumstances; requiring an advertising
  756         platform to designate and maintain on file with the
  757         division an agent for service of process in this
  758         state, disclose certain reporting requirements in its
  759         terms and conditions, and remove a listing under
  760         certain circumstances; providing penalties; amending
  761         ss. 159.27, 212.08, 316.1955, 404.056, 477.0135,
  762         509.032, 509.221, 553.5041, 717.1355, and 877.24,
  763         F.S.; conforming cross-references; reenacting ss.
  764         196.199(1)(a), 212.031(1)(a), and 413.08(1)(c),
  765         relating to government property exemption, tax on
  766         rental or license fee for use of real property, and
  767         prohibited discrimination in public employment, public
  768         accommodations, and housing accommodations,
  769         respectively, to incorporate the amendments made to s.
  770         509.013, F.S., in references thereto; reenacting s.
  771         509.221(9), F.S., relating to sanitary regulations, to
  772         incorporate the amendment made to s. 509.242, F.S., in
  773         a reference thereto; providing applicability;
  774         providing severability; providing effective dates.