Florida Senate - 2021 SB 522 By Senator Diaz 36-00597A-21 2021522__ 1 A bill to be entitled 2 An act relating to vacation rentals; amending s. 3 509.013, F.S.; defining the term “advertising 4 platform”; amending s. 509.032, F.S.; preempting the 5 regulation of vacation rentals to the state; 6 prohibiting a local law, ordinance, or regulation from 7 allowing or requiring inspections or licensing of 8 public lodging establishments, including vacation 9 rentals, or public food service establishments; 10 authorizing a local law, ordinance, or regulation to 11 regulate certain activities under certain 12 circumstances; providing an exemption; expanding an 13 exemption to allow certain ordinances adopted on or 14 before a certain date to be amended to be less 15 restrictive; preempting the regulation of advertising 16 platforms to the state; amending s. 509.241, F.S.; 17 requiring licenses issued by the Division of Hotels 18 and Restaurants of the Department of Business and 19 Professional Regulation to be displayed conspicuously 20 to the public inside the licensed establishment; 21 requiring the owner or operator of certain vacation 22 rentals to also display its vacation rental license 23 number and applicable tax account numbers; creating s. 24 509.243, F.S.; requiring advertising platforms to 25 require that persons placing advertisements for 26 vacation rentals include certain information in the 27 advertisements; requiring advertising platforms to 28 display and verify such information; requiring the 29 division to maintain certain information in a readily 30 accessible electronic format; requiring advertising 31 platforms to quarterly provide the division with 32 certain information regarding vacation rentals in this 33 state listed on the platforms; requiring advertising 34 platforms to remove an advertisement or a listing 35 under certain conditions and within a specified 36 timeframe; requiring advertising platforms to collect 37 and remit taxes imposed under chs. 125 and 212, F.S., 38 for certain transactions; authorizing the Department 39 of Revenue to adopt rules; authorizing the division to 40 issue and deliver a notice to cease and desist for 41 certain violations; providing that such notice does 42 not constitute agency action for which certain 43 hearings may be sought; authorizing the division to 44 file certain proceedings and to seek certain remedies 45 for the purpose of enforcing a cease and desist 46 notice; authorizing the collection of attorney fees 47 and costs under certain circumstances; requiring 48 advertising platforms to adopt an antidiscrimination 49 plan and to inform their users of the policy’s 50 provisions; providing applicability; providing 51 effective dates. 52 53 Be It Enacted by the Legislature of the State of Florida: 54 55 Section 1. Subsection (17) is added to section 509.013, 56 Florida Statutes, to read: 57 509.013 Definitions.—As used in this chapter, the term: 58 (17) “Advertising platform” means an entity that: 59 (a) Provides an online application, software, a website, or 60 a system through which a vacation rental located in this state 61 is advertised or held out to the public as available to rent for 62 transient occupancy; 63 (b) Provides or maintains a marketplace for the renting by 64 transient occupancy of a vacation rental; and 65 (c) Provides a reservation or payment system that 66 facilitates a transaction for the renting by transient occupancy 67 of a vacation rental and for which the entity collects or 68 receives, directly or indirectly, a fee in connection with the 69 reservation or payment service provided for such transaction. 70 Section 2. Subsection (7) of section 509.032, Florida 71 Statutes, is amended to read: 72 509.032 Duties.— 73 (7) PREEMPTION AUTHORITY.— 74 (a) The regulation of public lodging establishments, 75 including vacation rentals, and public food service 76 establishments, including, but not limited to, sanitation 77 standards, licensing, inspections, training and testing of 78 personnel, and matters related to the nutritional content and 79 marketing of foods offered in such establishments, is expressly 80 preempted to the state. A local law, ordinance, or regulation 81 may not allow or require the local inspection or licensing of 82 public lodging establishments, including vacation rentals, or 83 public food service establishments. This paragraph does not 84 preempt the authority of a local government or local enforcement 85 district to conduct inspections of public lodging and public 86 food service establishments for compliance with the Florida 87 Building Code and the Florida Fire Prevention Code, pursuant to 88 ss. 553.80 and 633.206. 89 (b) A local law, ordinance, or regulation may regulate 90 activities that arise when a property is used as a vacation 91 rental if the law, ordinance, or regulation applies uniformly to 92 all residential properties without regard to whether the 93 property is used as a vacation rental as defined in s. 94 509.242(1)(c), the property is used as a long-term rental 95 subject to chapter 83, or the property owner chooses not to rent 96 the property. However, a local law, ordinance, or regulation may 97 not prohibit
vacationrentals or regulate the duration or 98 frequency of rental of vacationrentals. The prohibitions set 99 forth in this paragraph do This paragraph doesnot apply to any 100 local law, ordinance, or regulation adopted on or before June 1, 101 2011, including when such law, ordinance, or regulation is being 102 amended to be less restrictive with regard to a prohibition or a 103 duration or frequency regulation. 104 (c) Paragraph (b) does not apply to any local law, 105 ordinance, or regulation exclusively relating to property 106 valuation as a criterion for vacation rental if the local law, 107 ordinance, or regulation is required to be approved by the state 108 land planning agency pursuant to an area of critical state 109 concern designation. 110 (d) The regulation of advertising platforms is preempted to 111 the state, and advertising platforms shall be regulated under 112 this chapter. 113 Section 3. Effective January 1, 2022, subsection (3) of 114 section 509.241, Florida Statutes, is amended to read: 115 509.241 Licenses required; exceptions.— 116 (3) DISPLAY OF LICENSE.—Any license issued by the division 117 must shallbe conspicuously displayed to the public inside in118 the office or lobby of thelicensed establishment. Public food 119 service establishments that whichoffer catering services must 120 shalldisplay their license number on all advertising for 121 catering services. The owner or operator of a vacation rental 122 offered for transient occupancy through an advertising platform 123 must also display the vacation rental license number and the 124 applicable Florida sales tax registration and tourist 125 development tax account numbers under which such taxes must be 126 paid for each rental of the property as a vacation rental. 127 Section 4. Effective January 1, 2022, section 509.243, 128 Florida Statutes, is created to read: 129 509.243 Advertising platforms.— 130 (1)(a) An advertising platform must require that a person 131 who places an advertisement for the rental of a vacation rental: 132 1. Include in the advertisement the vacation rental license 133 number and the applicable Florida sales tax registration and 134 tourist development tax account numbers under which such taxes 135 must be paid before the advertisement may be listed; and 136 2. Attest to the best of his or her knowledge that the 137 license number for the vacation rental property and the 138 applicable tax numbers are current, valid, and accurately stated 139 in the advertisement. 140 (b) An advertising platform must display the vacation 141 rental license number and applicable Florida sales tax 142 registration and tourist development tax numbers. The 143 advertising platform must verify that the vacation rental 144 license number provided by the owner or operator is valid and 145 applies to the subject vacation rental before publishing the 146 advertisement on its platform and again at the end of each 147 calendar quarter that the advertisement remains on its platform. 148 (c) The division shall maintain vacation rental license 149 information in a readily accessible electronic format which is 150 sufficient to facilitate prompt compliance with the requirements 151 of this subsection by an advertising platform or a person 152 placing an advertisement on an advertising platform for 153 transient rental of a vacation rental. 154 (2) An advertising platform must provide to the division on 155 a quarterly basis, by file transfer protocol or electronic data 156 exchange file, a list of all vacation rentals located in this 157 state which are advertised on its platform, along with the 158 following information for each vacation rental: 159 (a) The uniform resource locator for the Internet address 160 of the vacation rental advertisement; and 161 (b) Unless otherwise stated in the vacation rental 162 advertisement at the Internet address provided pursuant to 163 paragraph (a), the physical address of the vacation rental, 164 including any unit designation, the vacation rental license 165 number provided by the owner or operator, and the applicable 166 Florida sales tax registration and tourist development tax 167 account numbers under which taxes will be remitted for the 168 rentals commenced through the advertisement. 169 (3) An advertising platform must remove from public view an 170 advertisement or a listing from its online application, 171 software, website, or system within 15 business days after being 172 notified by the division in writing that the subject 173 advertisement or listing for the rental of a vacation rental 174 located in this state fails to display a valid license number 175 issued by the division. 176 (4) If a guest uses a payment system on or through an 177 advertising platform, as defined in s. 509.013(17), to pay for 178 the rental of a vacation rental located in this state, the 179 advertising platform must collect and remit all taxes imposed 180 under chapters 125 and 212 resulting from the rental. When 181 calculating taxes imposed under chapters 125 and 212, an 182 advertising platform may exclude the amount of any fees directly 183 attributable to the service provided by the advertising 184 platform. The Department of Revenue may adopt rules to implement 185 this subsection. 186 (5) If the division has probable cause to believe that a 187 person not licensed by the division has violated this chapter or 188 any rule adopted pursuant thereto, the division may issue and 189 deliver to such person a notice to cease and desist from the 190 violation. The issuance of a notice to cease and desist does not 191 constitute agency action for which a hearing under ss. 120.569 192 and 120.57 may be sought. For the purpose of enforcing a cease 193 and desist notice, the division may file a proceeding in the 194 name of the state seeking the issuance of an injunction or a 195 writ of mandamus against any person who violates any provision 196 of the notice. If the department is required to seek enforcement 197 of the notice for a penalty pursuant to s. 120.569, it is 198 entitled to collect attorney fees and costs, together with any 199 cost of collection. 200 (6) Advertising platforms must adopt an antidiscrimination 201 plan to help prevent discrimination among their users and must 202 inform all users of their services that it is illegal to refuse 203 accommodation to an individual based on race, creed, color, sex, 204 pregnancy, physical disability, or national origin pursuant to 205 s. 509.092. 206 Section 5. The application of this act does not supersede 207 any current or future declaration or declaration of condominium 208 adopted pursuant to chapter 718, Florida Statutes, cooperative 209 document adopted pursuant to chapter 719, Florida Statutes, or 210 declaration or declaration of covenants adopted pursuant to 211 chapter 720, Florida Statutes. 212 Section 6. Except as otherwise expressly provided in this 213 act, this act shall take effect upon becoming a law.