Florida Senate - 2021                                    SB 1988
       By Senator Pizzo
       38-01669A-21                                          20211988__
    1                        A bill to be entitled                      
    2         An act relating to vacation rentals; amending s.
    3         509.032, F.S.; authorizing local governmental entities
    4         to adopt and apply certain regulations and ordinances
    5         to vacation rentals under certain circumstances;
    6         providing exceptions; amending s. 509.241, F.S.;
    7         requiring an applicant for a vacation rental license
    8         to provide the Division of Hotels and Restaurants of
    9         the Department of Business and Professional Regulation
   10         with certain information; providing an effective date.
   12  Be It Enacted by the Legislature of the State of Florida:
   14         Section 1. Paragraph (b) of subsection (7) of section
   15  509.032, Florida Statutes, is amended to read:
   16         509.032 Duties.—
   17         (7) PREEMPTION AUTHORITY.—
   18         (b) A local law, ordinance, or regulation may not prohibit
   19  the siting of vacation rentals or regulate the duration or
   20  frequency of rental of vacation rentals. However, a county or
   21  municipality may adopt and apply zoning regulations, land
   22  development regulations, or other ordinances to vacation
   23  rentals, so long as such requirements do not have the effect of
   24  prohibiting the siting of vacation rentals within the county or
   25  municipality. The prohibitions imposed by this paragraph do.
   26  This paragraph does not apply to any local law, ordinance, or
   27  regulation adopted on or before June 1, 2011, including when
   28  such law, ordinance, or regulation is being amended.
   29         Section 2. Subsection (2) of section 509.241, Florida
   30  Statutes, is amended to read:
   31         509.241 Licenses required; exceptions.—
   32         (2) APPLICATION FOR LICENSE.—Each person who plans to open
   33  a public lodging establishment or a public food service
   34  establishment shall apply for and receive a license from the
   35  division before prior to the commencement of operation.
   36         (a) A condominium association, as defined in s. 718.103,
   37  which does not own any units classified as vacation rentals or
   38  timeshare projects under s. 509.242(1)(c) or (g) is not required
   39  to apply for or receive a public lodging establishment license.
   40         (b)An applicant for a license for a vacation rental must
   41  provide the division with all of the following information:
   42         1.Proof of inspection and compliance with county,
   43  municipal, building, zoning, and firesafety codes reflecting a
   44  change in use from a single-family or multi-family residential
   45  dwelling to a transient public lodging establishment.
   46         2.Proof that the underlying homeowner’s insurance policy
   47  allows the structure to be used as a transient public lodging
   48  establishment.
   49         3.A signed affidavit from the chief executive of the
   50  municipality, or the county if the property is in an
   51  unincorporated area, where the property is located confirming
   52  that operating a vacation rental at that address is allowed.
   53         4.If the property owner has an underlying commercial
   54  mortgage, proof that the commercial mortgage is not in conflict
   55  with any prohibitions related to commercial activity in single
   56  family or multi-family residential zones.
   57         Section 3. This act shall take effect July 1, 2021.