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 a person who provides an
    9  online application, software, website, system, or print
   10  advertisement through which a transient public lodging
   11  establishment located in this state is advertised or held out to
   12  the public as available to rent for transient occupancy. The
   13  term does not include the multiple listing service or an online
   14  or print advertisement of a transient public lodging
   15  establishment by a real estate broker or sales associate
   16  licensed under chapter 475; however, a real estate broker or
   17  sales associate licensed under chapter 475 must comply with s.
   18  509.243(2)(c) and (3).
   20         (3)(1) “Division” means the Division of Hotels and
   21  Restaurants of the Department of Business and Professional
   22  Regulation.
   23         (8)(2) “Operator” means the owner, licensee, proprietor,
   24  lessee, manager, assistant manager, or appointed agent of a
   25  public lodging establishment or public food service
   26  establishment.
   27         (4)(3) “Guest” means any patron, customer, tenant, lodger,
   28  boarder, or occupant of a public lodging establishment or public
   29  food service establishment.
   30         (10)(a)(4)(a) “Public lodging establishment” includes a
   31  transient public lodging establishment as defined in
   32  subparagraph 1. and a nontransient public lodging establishment
   33  as defined in subparagraph 2.
   34         1. “Transient public lodging establishment” means any unit,
   35  group of units, dwelling, building, or group of buildings within
   36  a single complex of buildings which is rented to guests more
   37  than three times in a calendar year for periods of less than 30
   38  days or 1 calendar month, whichever is less, or which is
   39  advertised or held out to the public as a place regularly rented
   40  to guests for less than 30 days or 1 calendar month. The term
   41  includes a unit that is advertised for rent by an advertising
   42  platform.
   43         2. “Nontransient public lodging establishment” means any
   44  unit, group of units, dwelling, building, or group of buildings
   45  within a single complex of buildings which is rented to guests
   46  for periods of at least 30 days or 1 calendar month, whichever
   47  is less, or which is advertised or held out to the public as a
   48  place regularly rented to guests for periods of at least 30 days
   49  or 1 calendar month.
   51  License classifications of public lodging establishments, and
   52  the definitions therefor, are set out in s. 509.242. For the
   53  purpose of licensure, the term does not include condominium
   54  common elements as defined in s. 718.103.
   55         (b) The following are excluded from the definitions in
   56  paragraph (a):
   57         1. Any dormitory or other living or sleeping facility
   58  maintained by a public or private school, college, or university
   59  for the use of students, faculty, or visitors.
   60         2. Any facility certified or licensed and regulated by the
   61  Agency for Health Care Administration or the Department of
   62  Children and Families or other similar place regulated under s.
   63  381.0072.
   64         3. Any place renting four rental units or less, unless the
   65  rental units are advertised or held out to the public to be
   66  places that are regularly rented to transients.
   67         4. Any unit or group of units in a condominium,
   68  cooperative, or timeshare plan and any individually or
   69  collectively owned one-family, two-family, three-family, or
   70  four-family dwelling house or dwelling unit that is rented for
   71  periods of at least 30 days or 1 calendar month, whichever is
   72  less, and that is not advertised or held out to the public as a
   73  place regularly rented for periods of less than 1 calendar
   74  month, provided that no more than four rental units within a
   75  single complex of buildings are available for rent.
   76         5. Any migrant labor camp or residential migrant housing
   77  permitted by the Department of Health under ss. 381.008
   78  381.00895.
   79         6. Any establishment inspected by the Department of Health
   80  and regulated by chapter 513.
   81         7. Any nonprofit organization that operates a facility
   82  providing housing only to patients, patients’ families, and
   83  patients’ caregivers and not to the general public.
   84         8. Any apartment building inspected by the United States
   85  Department of Housing and Urban Development or other entity
   86  acting on the department’s behalf that is designated primarily
   87  as housing for persons at least 62 years of age. The division
   88  may require the operator of the apartment building to attest in
   89  writing that such building meets the criteria provided in this
   90  subparagraph. The division may adopt rules to implement this
   91  requirement.
   92         9. Any roominghouse, boardinghouse, or other living or
   93  sleeping facility that may not be classified as a hotel, motel,
   94  timeshare project, vacation rental, nontransient apartment, bed
   95  and breakfast inn, or transient apartment under s. 509.242.
   96         (9)(a)(5)(a) “Public food service establishment” means any
   97  building, vehicle, place, or structure, or any room or division
   98  in a building, vehicle, place, or structure where food is
   99  prepared, served, or sold for immediate consumption on or in the
  100  vicinity of the premises; called for or taken out by customers;
  101  or prepared prior to being delivered to another location for
  102  consumption. The term includes a culinary education program, as
  103  defined in s. 381.0072(2), which offers, prepares, serves, or
  104  sells food to the general public, regardless of whether it is
  105  inspected by another state agency for compliance with sanitation
  106  standards.
  107         (b) The following are excluded from the definition in
  108  paragraph (a):
  109         1. Any place maintained and operated by a public or private
  110  school, college, or university:
  111         a. For the use of students and faculty; or
  112         b. Temporarily to serve such events as fairs, carnivals,
  113  food contests, cook-offs, and athletic contests.
  114         2. Any eating place maintained and operated by a church or
  115  a religious, nonprofit fraternal, or nonprofit civic
  116  organization:
  117         a. For the use of members and associates; or
  118         b. Temporarily to serve such events as fairs, carnivals,
  119  food contests, cook-offs, or athletic contests.
  121  Upon request by the division, a church or a religious, nonprofit
  122  fraternal, or nonprofit civic organization claiming an exclusion
  123  under this subparagraph must provide the division documentation
  124  of its status as a church or a religious, nonprofit fraternal,
  125  or nonprofit civic organization.
  126         3. Any eating place maintained and operated by an
  127  individual or entity at a food contest, cook-off, or a temporary
  128  event lasting from 1 to 3 days which is hosted by a church or a
  129  religious, nonprofit fraternal, or nonprofit civic organization.
  130  Upon request by the division, the event host must provide the
  131  division documentation of its status as a church or a religious,
  132  nonprofit fraternal, or nonprofit civic organization.
  133         4. Any eating place located on an airplane, train, bus, or
  134  watercraft which is a common carrier.
  135         5. Any eating place maintained by a facility certified or
  136  licensed and regulated by the Agency for Health Care
  137  Administration or the Department of Children and Families or
  138  other similar place that is regulated under s. 381.0072.
  139         6. Any place of business issued a permit or inspected by
  140  the Department of Agriculture and Consumer Services under s.
  141  500.12.
  142         7. Any place of business where the food available for
  143  consumption is limited to ice, beverages with or without
  144  garnishment, popcorn, or prepackaged items sold without
  145  additions or preparation.
  146         8. Any theater, if the primary use is as a theater and if
  147  patron service is limited to food items customarily served to
  148  the admittees of theaters.
  149         9. Any vending machine that dispenses any food or beverages
  150  other than potentially hazardous foods, as defined by division
  151  rule.
  152         10. Any vending machine that dispenses potentially
  153  hazardous food and which is located in a facility regulated
  154  under s. 381.0072.
  155         11. Any research and development test kitchen limited to
  156  the use of employees and which is not open to the general
  157  public.
  158         (2)(6) “Director” means the Director of the Division of
  159  Hotels and Restaurants of the Department of Business and
  160  Professional Regulation.
  161         (11)(7) “Single complex of buildings” means all buildings
  162  or structures that are owned, managed, controlled, or operated
  163  under one business name and are situated on the same tract or
  164  plot of land that is not separated by a public street or
  165  highway.
  166         (12)(8) “Temporary food service event” means any event of
  167  30 days or less in duration where food is prepared, served, or
  168  sold to the general public.
  169         (13)(9) “Theme park or entertainment complex” means a
  170  complex comprised of at least 25 contiguous acres owned and
  171  controlled by the same business entity and which contains
  172  permanent exhibitions and a variety of recreational activities
  173  and has a minimum of 1 million visitors annually.
  174         (14)(10) “Third-party provider” means, for purposes of s.
  175  509.049, any provider of an approved food safety training
  176  program that provides training or such a training program to a
  177  public food service establishment that is not under common
  178  ownership or control with the provider.
  179         (16)(11) “Transient establishment” means a any public
  180  lodging establishment that is rented or leased to guests by an
  181  operator whose intention is that such guests’ occupancy will be
  182  temporary.
  183         (17)(12) “Transient occupancy” means occupancy when it is
  184  the intention of the parties that the occupancy will be
  185  temporary. There is a rebuttable presumption that, when the
  186  dwelling unit occupied is not the sole residence of the guest,
  187  the occupancy is transient.
  188         (15)(13) “Transient” means a guest in transient occupancy.
  189         (6)(14) “Nontransient establishment” means any public
  190  lodging establishment that is rented or leased to guests by an
  191  operator whose intention is that the dwelling unit occupied will
  192  be the sole residence of the guest.
  193         (7)(15) “Nontransient occupancy” means occupancy when it is
  194  the intention of the parties that the occupancy will not be
  195  temporary. There is a rebuttable presumption that, when the
  196  dwelling unit occupied is the sole residence of the guest, the
  197  occupancy is nontransient.
  198         (5)(16) “Nontransient” means a guest in nontransient
  199  occupancy.
  200         Section 2. Effective upon this act becoming a law,
  201  subsection (7) of section 509.032, Florida Statutes, is amended
  202  to read:
  203         509.032 Duties.—
  204         (7) PREEMPTION AUTHORITY.—
  205         (a) Advertising platforms, public lodging establishments
  206  and public food service establishments.—The regulation of
  207  advertising platforms is preempted to the state. The regulation
  208  of public lodging establishments and public food service
  209  establishments, including, but not limited to, sanitation
  210  standards, inspections, training and testing of personnel, and
  211  matters related to the nutritional content and marketing of
  212  foods offered in such establishments, is preempted to the state.
  213  This paragraph does not preempt the authority of a local
  214  government or local enforcement district to conduct inspections
  215  of public lodging and public food service establishments for
  216  compliance with the Florida Building Code and the Florida Fire
  217  Prevention Code, pursuant to ss. 553.80 and 633.206.
  218         (b) Vacation rentals.
  219         1.The Legislature finds that:
  220         a. Property owners who choose to use their property as a
  221  vacation rental have constitutionally protected property rights
  222  and other rights that must be protected, including the right to
  223  use their residential property as a vacation rental;
  224         b. Vacation rentals play a significant, unique, and
  225  critical role in Florida’s tourism industry, and that role is
  226  different from other types of public lodging establishments;
  227         c. There are factors unique to the ownership and operation
  228  of a vacation rental; and
  229         d. Vacation rentals are residential in nature, a
  230  residential use and thus are allowed in residential
  231  neighborhoods.
  232         2. Except as provided under this paragraph, the regulation
  233  of vacation rentals, including, but not limited to, inspection,
  234  licensure, and occupancy limits, is expressly preempted to the
  235  state.
  236         3. A local law, ordinance, or regulation may regulate
  237  activities that arise when a property is used as a vacation
  238  rental if the law, ordinance, or regulation applies uniformly to
  239  all residential properties without regard to whether the
  240  property is used as a vacation rental as defined in s. 509.242,
  241  the property is used as a long-term rental subject to chapter
  242  83, or the property owner chooses not to rent the property.
  243  However, a local law, ordinance, or regulation may not prohibit
  244  vacation rentals, impose occupancy limits, or regulate the
  245  duration or frequency of rental of vacation rentals.
  246         4. A local law, ordinance, or regulation may not allow or
  247  require the inspection or licensing of vacation rentals.
  248         5. A court of law shall determine if a local law,
  249  ordinance, or regulation complies with this section without
  250  regard to any assertion in the local law, ordinance, or
  251  regulation that it complies. In all actions brought pursuant to
  252  this section, the political subdivision that enacted the local
  253  law, ordinance, or regulation shall establish by clear and
  254  convincing evidence that the local law, ordinance, or regulation
  255  complies with this section This paragraph does not apply to any
  256  local law, ordinance, or regulation adopted on or before June 1,
  257  2011.
  258         6.(c)This paragraph (b) does not apply to any local law,
  259  ordinance, or regulation exclusively relating to property
  260  valuation as a criterion for vacation rental if the local law,
  261  ordinance, or regulation is required to be approved by the state
  262  land planning agency pursuant to an area of critical state
  263  concern designation.
  264         Section 3. Subsections (2) and (3) of section 509.241,
  265  Florida Statutes, are amended to read:
  266         509.241 Licenses required; exceptions.—
  267         (2) APPLICATION FOR LICENSE.—
  268         (a) Each person who plans to open a public lodging
  269  establishment or a public food service establishment shall apply
  270  for and receive a license from the division prior to the
  271  commencement of operation. A condominium association, as defined
  272  in s. 718.103, which does not own any units classified as
  273  vacation rentals or timeshare projects under s. 509.242(1)(c) or
  274  (g) is not required to apply for or receive a public lodging
  275  establishment license.
  276         (b)Each person applying for a vacation rental license
  277  shall provide the name, address, telephone number, and e-mail
  278  address of the person the division may contact when a complaint
  279  related to a vacation rental is reported. The division shall
  280  make vacation rental license information, including the contact
  281  person, available to the public on the division’s website.
  282         (3) DISPLAY OF LICENSE.—Any license issued by the division
  283  must shall be conspicuously displayed to the public inside of in
  284  the office or lobby of the licensed establishment. Public food
  285  service establishments that which offer catering services must
  286  shall display their license number on all advertising for
  287  catering services. The operator of a vacation rental or a unit
  288  in a transient or nontransient apartment that is offered for
  289  transient occupancy shall display its license number in all
  290  advertising for such rentals.
  291         Section 4. Paragraph (c) of subsection (1) of section
  292  509.242, Florida Statutes, is amended to read:
  293         509.242 Public lodging establishments; classifications.—
  294         (1) A public lodging establishment shall be classified as a
  295  hotel, motel, nontransient apartment, transient apartment, bed
  296  and breakfast inn, timeshare project, or vacation rental if the
  297  establishment satisfies the following criteria:
  298         (c) Vacation rental.—A vacation rental is a any unit or
  299  group of units in a condominium or cooperative or in an any
  300  individually or collectively owned single-family, two-family,
  301  three-family, or four-family house or dwelling unit which that
  302  is also a transient public lodging establishment but that is not
  303  a timeshare project.
  304         Section 5. Section 509.243, Florida Statutes, is created to
  305  read:
  306         509.243 Advertising platforms.—
  307         (1) An advertising platform may facilitate a booking
  308  transaction for a transient guest’s rental of a transient public
  309  lodging establishment located in this state if the advertising
  310  platform is registered with the division. The division shall
  311  issue a registration to each person who meets the requirements
  312  of this section and the rules adopted hereunder.
  313         (2) An advertising platform shall:
  314         (a)Designate and maintain on file with the division an
  315  agent for service of process in this state;
  316         (b)Disclose in its terms and conditions the reporting
  317  requirements of s. 509.101(2); and
  318         (c)Take down an offending advertisement or listing from
  319  its online application, software, website, or system within 30
  320  business days after being notified by the division in writing
  321  that the advertisement or listing for the rental of a transient
  322  public lodging establishment located in this state fails to
  323  display a valid license number issued by the division.
  324         (3) A person who has operated or is operating in violation
  325  of this section or the rules of the division may be subject by
  326  the division to fines of up to $250 per offense, not to exceed
  327  $5,000 in the aggregate.
  328         Section 6. Subsection (12) of section 159.27, Florida
  329  Statutes, is amended to read:
  330         159.27 Definitions.—The following words and terms, unless
  331  the context clearly indicates a different meaning, shall have
  332  the following meanings:
  333         (12) “Public lodging or restaurant facility” means property
  334  used for any public lodging establishment as defined in s.
  335  509.242 or public food service establishment as defined in s.
  336  509.013 s. 509.013(5) if it is part of the complex of, or
  337  necessary to, another facility qualifying under this part.
  338         Section 7. Paragraph (jj) of subsection (7) of section
  339  212.08, Florida Statutes, is amended to read:
  340         212.08 Sales, rental, use, consumption, distribution, and
  341  storage tax; specified exemptions.—The sale at retail, the
  342  rental, the use, the consumption, the distribution, and the
  343  storage to be used or consumed in this state of the following
  344  are hereby specifically exempt from the tax imposed by this
  345  chapter.
  346         (7) MISCELLANEOUS EXEMPTIONS.—Exemptions provided to any
  347  entity by this chapter do not inure to any transaction that is
  348  otherwise taxable under this chapter when payment is made by a
  349  representative or employee of the entity by any means,
  350  including, but not limited to, cash, check, or credit card, even
  351  when that representative or employee is subsequently reimbursed
  352  by the entity. In addition, exemptions provided to any entity by
  353  this subsection do not inure to any transaction that is
  354  otherwise taxable under this chapter unless the entity has
  355  obtained a sales tax exemption certificate from the department
  356  or the entity obtains or provides other documentation as
  357  required by the department. Eligible purchases or leases made
  358  with such a certificate must be in strict compliance with this
  359  subsection and departmental rules, and any person who makes an
  360  exempt purchase with a certificate that is not in strict
  361  compliance with this subsection and the rules is liable for and
  362  shall pay the tax. The department may adopt rules to administer
  363  this subsection.
  364         (jj) Complimentary meals.—Also exempt from the tax imposed
  365  by this chapter are food or drinks that are furnished as part of
  366  a packaged room rate by any person offering for rent or lease
  367  any transient living accommodations as described in s.
  368  509.013(10)(a) s. 509.013(4)(a) which are licensed under part I
  369  of chapter 509 and which are subject to the tax under s. 212.03,
  370  if a separate charge or specific amount for the food or drinks
  371  is not shown. Such food or drinks are considered to be sold at
  372  retail as part of the total charge for the transient living
  373  accommodations. Moreover, the person offering the accommodations
  374  is not considered to be the consumer of items purchased in
  375  furnishing such food or drinks and may purchase those items
  376  under conditions of a sale for resale.
  377         Section 8. Paragraph (b) of subsection (4) of section
  378  316.1955, Florida Statutes, is amended to read:
  379         316.1955 Enforcement of parking requirements for persons
  380  who have disabilities.—
  381         (4)
  382         (b) Notwithstanding paragraph (a), a theme park or an
  383  entertainment complex as defined in s. 509.013 s. 509.013(9)
  384  which provides parking in designated areas for persons who have
  385  disabilities may allow any vehicle that is transporting a person
  386  who has a disability to remain parked in a space reserved for
  387  persons who have disabilities throughout the period the theme
  388  park is open to the public for that day.
  389         Section 9. Subsection (5) of section 404.056, Florida
  390  Statutes, is amended to read:
  391         404.056 Environmental radiation standards and projects;
  392  certification of persons performing measurement or mitigation
  393  services; mandatory testing; notification on real estate
  394  documents; rules.—
  395         (5) NOTIFICATION ON REAL ESTATE DOCUMENTS.—Notification
  396  shall be provided on at least one document, form, or application
  397  executed at the time of, or prior to, contract for sale and
  398  purchase of any building or execution of a rental agreement for
  399  any building. Such notification shall contain the following
  400  language:
  402         “RADON GAS: Radon is a naturally occurring radioactive gas
  403  that, when it has accumulated in a building in sufficient
  404  quantities, may present health risks to persons who are exposed
  405  to it over time. Levels of radon that exceed federal and state
  406  guidelines have been found in buildings in Florida. Additional
  407  information regarding radon and radon testing may be obtained
  408  from your county health department.”
  410  The requirements of this subsection do not apply to any
  411  residential transient occupancy, as described in s. 509.013 s.
  412  509.013(12), provided that such occupancy is 45 days or less in
  413  duration.
  414         Section 10. Subsection (6) of section 477.0135, Florida
  415  Statutes, is amended to read:
  416         477.0135 Exemptions.—
  417         (6) A license is not required of any individual providing
  418  makeup or special effects services in a theme park or
  419  entertainment complex to an actor, stunt person, musician,
  420  extra, or other talent, or providing makeup or special effects
  421  services to the general public. The term “theme park or
  422  entertainment complex” has the same meaning as in s. 509.013 s.
  423  509.013(9).
  424         Section 11. Paragraph (c) of subsection (3) of section
  425  509.032, Florida Statutes, is amended to read:
  426         509.032 Duties.—
  428  EVENTS.—The division shall:
  429         (c) Administer a public notification process for temporary
  430  food service events and distribute educational materials that
  431  address safe food storage, preparation, and service procedures.
  432         1. Sponsors of temporary food service events shall notify
  433  the division not less than 3 days before the scheduled event of
  434  the type of food service proposed, the time and location of the
  435  event, a complete list of food service vendors participating in
  436  the event, the number of individual food service facilities each
  437  vendor will operate at the event, and the identification number
  438  of each food service vendor’s current license as a public food
  439  service establishment or temporary food service event licensee.
  440  Notification may be completed orally, by telephone, in person,
  441  or in writing. A public food service establishment or food
  442  service vendor may not use this notification process to
  443  circumvent the license requirements of this chapter.
  444         2. The division shall keep a record of all notifications
  445  received for proposed temporary food service events and shall
  446  provide appropriate educational materials to the event sponsors
  447  and notify the event sponsors of the availability of the food
  448  recovery brochure developed under s. 595.420.
  449         3.a. Unless excluded under s. 509.013(9)(b) s.
  450  509.013(5)(b), a public food service establishment or other food
  451  service vendor must obtain one of the following classes of
  452  license from the division: an individual license, for a fee of
  453  no more than $105, for each temporary food service event in
  454  which it participates; or an annual license, for a fee of no
  455  more than $1,000, that entitles the licensee to participate in
  456  an unlimited number of food service events during the license
  457  period. The division shall establish license fees, by rule, and
  458  may limit the number of food service facilities a licensee may
  459  operate at a particular temporary food service event under a
  460  single license.
  461         b. Public food service establishments holding current
  462  licenses from the division may operate under the regulations of
  463  such a license at temporary food service events.
  464         Section 12. Paragraph (b) of subsection (2) of section
  465  509.221, Florida Statutes, is amended to read:
  466         509.221 Sanitary regulations.—
  467         (2)
  468         (b) Within a theme park or entertainment complex as defined
  469  in s. 509.013 s. 509.013(9), the bathrooms are not required to
  470  be in the same building as the public food service
  471  establishment, so long as they are reasonably accessible.
  472         Section 13. Paragraph (b) of subsection (5) of section
  473  553.5041, Florida Statutes, is amended to read:
  474         553.5041 Parking spaces for persons who have disabilities.—
  475         (5) Accessible perpendicular and diagonal accessible
  476  parking spaces and loading zones must be designed and located to
  477  conform to ss. 502 and 503 of the standards.
  478         (b) If there are multiple entrances or multiple retail
  479  stores, the parking spaces must be dispersed to provide parking
  480  at the nearest accessible entrance. If a theme park or an
  481  entertainment complex as defined in s. 509.013 s. 509.013(9)
  482  provides parking in several lots or areas from which access to
  483  the theme park or entertainment complex is provided, a single
  484  lot or area may be designated for parking by persons who have
  485  disabilities, if the lot or area is located on the shortest
  486  accessible route to an accessible entrance to the theme park or
  487  entertainment complex or to transportation to such an accessible
  488  entrance.
  489         Section 14. Section 717.1355, Florida Statutes, is amended
  490  to read:
  491         717.1355 Theme park and entertainment complex tickets.—This
  492  chapter does not apply to any tickets for admission to a theme
  493  park or entertainment complex as defined in s. 509.013 s.
  494  509.013(9), or to any tickets to a permanent exhibition or
  495  recreational activity within such theme park or entertainment
  496  complex.
  497         Section 15. Subsection (8) of section 877.24, Florida
  498  Statutes, is amended to read:
  499         877.24 Nonapplication of s. 877.22.—Section 877.22 does not
  500  apply to a minor who is:
  501         (8) Attending an organized event held at and sponsored by a
  502  theme park or entertainment complex as defined in s. 509.013 s.
  503  509.013(9).
  504         Section 16. For the purpose of incorporating the amendment
  505  made by this act to section 509.013, Florida Statutes, in a
  506  reference thereto, paragraph (a) of subsection (1) of section
  507  196.199, Florida Statutes, is reenacted to read:
  508         196.199 Government property exemption.—
  509         (1) Property owned and used by the following governmental
  510  units shall be exempt from taxation under the following
  511  conditions:
  512         (a)1. All property of the United States is exempt from ad
  513  valorem taxation, except such property as is subject to tax by
  514  this state or any political subdivision thereof or any
  515  municipality under any law of the United States.
  516  2. Notwithstanding any other provision of law, for purposes of
  517  the exemption from ad valorem taxation provided in subparagraph
  518  1., property of the United States includes any leasehold
  519  interest of and improvements affixed to land owned by the United
  520  States, any branch of the United States Armed Forces, or any
  521  agency or quasi-governmental agency of the United States if the
  522  leasehold interest and improvements are acquired or constructed
  523  and used pursuant to the federal Military Housing Privatization
  524  Initiative of 1996, 10 U.S.C. ss. 2871 et seq. As used in this
  525  subparagraph, the term “improvements” includes actual housing
  526  units and any facilities that are directly related to such
  527  housing units, including any housing maintenance facilities,
  528  housing rental and management offices, parks and community
  529  centers, and recreational facilities. Any leasehold interest and
  530  improvements described in this subparagraph, regardless of
  531  whether title is held by the United States, shall be construed
  532  as being owned by the United States, the applicable branch of
  533  the United States Armed Forces, or the applicable agency or
  534  quasi-governmental agency of the United States and are exempt
  535  from ad valorem taxation without the necessity of an application
  536  for exemption being filed or approved by the property appraiser.
  537  This subparagraph does not apply to a transient public lodging
  538  establishment as defined in s. 509.013 and does not affect any
  539  existing agreement to provide municipal services by a
  540  municipality or county.
  541         Section 17. For the purpose of incorporating the amendment
  542  made by this act to section 509.013, Florida Statutes, in a
  543  reference thereto, paragraph (a) of subsection (1) of section
  544  212.031, Florida Statutes, is reenacted to read:
  545         212.031 Tax on rental or license fee for use of real
  546  property.—
  547         (1)(a) It is declared to be the legislative intent that
  548  every person is exercising a taxable privilege who engages in
  549  the business of renting, leasing, letting, or granting a license
  550  for the use of any real property unless such property is:
  551         1. Assessed as agricultural property under s. 193.461.
  552         2. Used exclusively as dwelling units.
  553         3. Property subject to tax on parking, docking, or storage
  554  spaces under s. 212.03(6).
  555         4. Recreational property or the common elements of a
  556  condominium when subject to a lease between the developer or
  557  owner thereof and the condominium association in its own right
  558  or as agent for the owners of individual condominium units or
  559  the owners of individual condominium units. However, only the
  560  lease payments on such property shall be exempt from the tax
  561  imposed by this chapter, and any other use made by the owner or
  562  the condominium association shall be fully taxable under this
  563  chapter.
  564         5. A public or private street or right-of-way and poles,
  565  conduits, fixtures, and similar improvements located on such
  566  streets or rights-of-way, occupied or used by a utility or
  567  provider of communications services, as defined by s. 202.11,
  568  for utility or communications or television purposes. For
  569  purposes of this subparagraph, the term “utility” means any
  570  person providing utility services as defined in s. 203.012. This
  571  exception also applies to property, wherever located, on which
  572  the following are placed: towers, antennas, cables, accessory
  573  structures, or equipment, not including switching equipment,
  574  used in the provision of mobile communications services as
  575  defined in s. 202.11. For purposes of this chapter, towers used
  576  in the provision of mobile communications services, as defined
  577  in s. 202.11, are considered to be fixtures.
  578         6. A public street or road which is used for transportation
  579  purposes.
  580         7. Property used at an airport exclusively for the purpose
  581  of aircraft landing or aircraft taxiing or property used by an
  582  airline for the purpose of loading or unloading passengers or
  583  property onto or from aircraft or for fueling aircraft.
  584         8.a. Property used at a port authority, as defined in s.
  585  315.02(2), exclusively for the purpose of oceangoing vessels or
  586  tugs docking, or such vessels mooring on property used by a port
  587  authority for the purpose of loading or unloading passengers or
  588  cargo onto or from such a vessel, or property used at a port
  589  authority for fueling such vessels, or to the extent that the
  590  amount paid for the use of any property at the port is based on
  591  the charge for the amount of tonnage actually imported or
  592  exported through the port by a tenant.
  593         b. The amount charged for the use of any property at the
  594  port in excess of the amount charged for tonnage actually
  595  imported or exported shall remain subject to tax except as
  596  provided in sub-subparagraph a.
  597         9. Property used as an integral part of the performance of
  598  qualified production services. As used in this subparagraph, the
  599  term “qualified production services” means any activity or
  600  service performed directly in connection with the production of
  601  a qualified motion picture, as defined in s. 212.06(1)(b), and
  602  includes:
  603         a. Photography, sound and recording, casting, location
  604  managing and scouting, shooting, creation of special and optical
  605  effects, animation, adaptation (language, media, electronic, or
  606  otherwise), technological modifications, computer graphics, set
  607  and stage support (such as electricians, lighting designers and
  608  operators, greensmen, prop managers and assistants, and grips),
  609  wardrobe (design, preparation, and management), hair and makeup
  610  (design, production, and application), performing (such as
  611  acting, dancing, and playing), designing and executing stunts,
  612  coaching, consulting, writing, scoring, composing,
  613  choreographing, script supervising, directing, producing,
  614  transmitting dailies, dubbing, mixing, editing, cutting,
  615  looping, printing, processing, duplicating, storing, and
  616  distributing;
  617         b. The design, planning, engineering, construction,
  618  alteration, repair, and maintenance of real or personal property
  619  including stages, sets, props, models, paintings, and facilities
  620  principally required for the performance of those services
  621  listed in sub-subparagraph a.; and
  622         c. Property management services directly related to
  623  property used in connection with the services described in sub
  624  subparagraphs a. and b.
  626  This exemption will inure to the taxpayer upon presentation of
  627  the certificate of exemption issued to the taxpayer under the
  628  provisions of s. 288.1258.
  629         10. Leased, subleased, licensed, or rented to a person
  630  providing food and drink concessionaire services within the
  631  premises of a convention hall, exhibition hall, auditorium,
  632  stadium, theater, arena, civic center, performing arts center,
  633  publicly owned recreational facility, or any business operated
  634  under a permit issued pursuant to chapter 550. A person
  635  providing retail concessionaire services involving the sale of
  636  food and drink or other tangible personal property within the
  637  premises of an airport shall be subject to tax on the rental of
  638  real property used for that purpose, but shall not be subject to
  639  the tax on any license to use the property. For purposes of this
  640  subparagraph, the term “sale” shall not include the leasing of
  641  tangible personal property.
  642         11. Property occupied pursuant to an instrument calling for
  643  payments which the department has declared, in a Technical
  644  Assistance Advisement issued on or before March 15, 1993, to be
  645  nontaxable pursuant to rule 12A-1.070(19)(c), Florida
  646  Administrative Code; provided that this subparagraph shall only
  647  apply to property occupied by the same person before and after
  648  the execution of the subject instrument and only to those
  649  payments made pursuant to such instrument, exclusive of renewals
  650  and extensions thereof occurring after March 15, 1993.
  651         12. Property used or occupied predominantly for space
  652  flight business purposes. As used in this subparagraph, “space
  653  flight business” means the manufacturing, processing, or
  654  assembly of a space facility, space propulsion system, space
  655  vehicle, satellite, or station of any kind possessing the
  656  capacity for space flight, as defined by s. 212.02(23), or
  657  components thereof, and also means the following activities
  658  supporting space flight: vehicle launch activities, flight
  659  operations, ground control or ground support, and all
  660  administrative activities directly related thereto. Property
  661  shall be deemed to be used or occupied predominantly for space
  662  flight business purposes if more than 50 percent of the
  663  property, or improvements thereon, is used for one or more space
  664  flight business purposes. Possession by a landlord, lessor, or
  665  licensor of a signed written statement from the tenant, lessee,
  666  or licensee claiming the exemption shall relieve the landlord,
  667  lessor, or licensor from the responsibility of collecting the
  668  tax, and the department shall look solely to the tenant, lessee,
  669  or licensee for recovery of such tax if it determines that the
  670  exemption was not applicable.
  671         13. Rented, leased, subleased, or licensed to a person
  672  providing telecommunications, data systems management, or
  673  Internet services at a publicly or privately owned convention
  674  hall, civic center, or meeting space at a public lodging
  675  establishment as defined in s. 509.013. This subparagraph
  676  applies only to that portion of the rental, lease, or license
  677  payment that is based upon a percentage of sales, revenue
  678  sharing, or royalty payments and not based upon a fixed price.
  679  This subparagraph is intended to be clarifying and remedial in
  680  nature and shall apply retroactively. This subparagraph does not
  681  provide a basis for an assessment of any tax not paid, or create
  682  a right to a refund of any tax paid, pursuant to this section
  683  before July 1, 2010.
  684         Section 18. For the purpose of incorporating the amendment
  685  made by this act to section 509.013, Florida Statutes, in a
  686  reference thereto, paragraph (c) of subsection (1) of section
  687  413.08, Florida Statutes, is reenacted to read:
  688         413.08 Rights and responsibilities of an individual with a
  689  disability; use of a service animal; prohibited discrimination
  690  in public employment, public accommodations, and housing
  691  accommodations; penalties.—
  692         (1) As used in this section and s. 413.081, the term:
  693         (c) “Public accommodation” means a common carrier,
  694  airplane, motor vehicle, railroad train, motor bus, streetcar,
  695  boat, or other public conveyance or mode of transportation;
  696  hotel; a timeshare that is a transient public lodging
  697  establishment as defined in s. 509.013; lodging place; place of
  698  public accommodation, amusement, or resort; and other places to
  699  which the general public is invited, subject only to the
  700  conditions and limitations established by law and applicable
  701  alike to all persons. The term does not include air carriers
  702  covered by the Air Carrier Access Act of 1986, 49 U.S.C. s.
  703  41705, and by regulations adopted by the United States
  704  Department of Transportation to implement such act.
  705         Section 19. For the purpose of incorporating the amendment
  706  made by this act to section 509.242, Florida Statutes, in a
  707  reference thereto, subsection (9) of section 509.221, Florida
  708  Statutes, is reenacted to read:
  709         509.221 Sanitary regulations.—
  710         (9) Subsections (2), (5), and (6) do not apply to any
  711  facility or unit classified as a vacation rental, nontransient
  712  apartment, or timeshare project as described in s.
  713  509.242(1)(c), (d), and (g).
  714         Section 20. The Legislature does not intend for the
  715  application of this act to supersede any current or future
  716  declaration or declaration of condominium adopted pursuant to
  717  chapter 718, Florida Statutes, cooperative documents adopted
  718  pursuant to chapter 719, Florida Statutes, or declaration of
  719  covenants or declaration adopted pursuant to chapter 720,
  720  Florida Statutes.
  721         Section 21. If any provision of this act or its application
  722  to any person or circumstance is held invalid, the invalidity
  723  does not affect other provisions or applications of the act
  724  which can be given effect without the invalid provision or
  725  application, and to this end the provisions of this act are
  726  severable.
  727         Section 22. Except as otherwise expressly provided in this
  728  act, and except for this section and section 20 of this act,
  729  which shall take effect upon this act becoming a law, this act
  730  shall take effect January 1, 2020.
  732  ================= T I T L E  A M E N D M E N T ================
  733  And the title is amended as follows:
  734         Delete everything before the enacting clause
  735  and insert:
  736                        A bill to be entitled                      
  737         An act relating to vacation rentals; amending s.
  738         509.013, F.S.; defining and redefining terms; amending
  739         s. 509.032, F.S.; preempting the regulation of
  740         advertising platforms and vacation rentals to the
  741         state; providing an exception; providing legislative
  742         findings; requiring a court of law to determine
  743         compliance with specified provisions; amending s.
  744         509.241, F.S.; requiring each person applying for a
  745         vacation rental license to provide the Division of
  746         Hotels and Restaurants of the Department of Business
  747         and Professional Regulation with specified
  748         information; requiring the division to make vacation
  749         rental license information available to the public on
  750         the division’s website; requiring licenses issued by
  751         the division to be displayed conspicuously to the
  752         public; requiring the operator of a vacation rental or
  753         specified public lodging establishment to display its
  754         license number in advertisements; amending s. 509.242,
  755         F.S.; revising the criteria for a public lodging
  756         establishment to be classified as a vacation rental;
  757         creating s. 509.243, F.S.; authorizing an advertising
  758         platform to facilitate booking transactions under
  759         certain circumstances; requiring an advertising
  760         platform to designate and maintain on file with the
  761         division an agent for service of process in this
  762         state, disclose certain reporting requirements in its
  763         terms and conditions, and remove a listing under
  764         certain circumstances; providing penalties; amending
  765         ss. 159.27, 212.08, 316.1955, 404.056, 477.0135,
  766         509.032, 509.221, 553.5041, 717.1355, and 877.24,
  767         F.S.; conforming cross-references; reenacting ss.
  768         196.199(1)(a), 212.031(1)(a), and 413.08(1)(c),
  769         relating to government property exemption, tax on
  770         rental or license fee for use of real property, and
  771         prohibited discrimination in public employment, public
  772         accommodations, and housing accommodations,
  773         respectively, to incorporate the amendments made to s.
  774         509.013, F.S., in references thereto; reenacting s.
  775         509.221(9), F.S., relating to sanitary regulations, to
  776         incorporate the amendment made to s. 509.242, F.S., in
  777         a reference thereto; providing applicability;
  778         providing severability; providing effective dates.