Florida Senate - 2022                        COMMITTEE AMENDMENT
       Bill No. SB 512
                              LEGISLATIVE ACTION                        
                    Senate             .             House              

       The Committee on Community Affairs (Burgess) recommended the
    1         Senate Amendment 
    3         Delete lines 384 - 589
    4  and insert:
    5  registration requirements provided in this paragraph, or when a
    6  law, ordinance, or regulation adopted after June 1, 2011,
    7  regulates vacation rentals, if such law, ordinance, or
    8  regulation is less restrictive than a law, ordinance, or
    9  regulation that was in effect on June 1, 2011. Notwithstanding
   10  paragraph (a), a local law, ordinance, or regulation may require
   11  the registration of vacation rentals with a local vacation
   12  rental registration program. Local governments may adopt a
   13  vacation rental registration program pursuant to subparagraph 3.
   14  and impose a fine for failure to register under the vacation
   15  rental registration program.
   16         2.Local governments may charge a fee of no more than $50
   17  for processing an individual registration application or $100
   18  for processing a collective registration application. A local
   19  law, ordinance, or regulation may not require renewal of a
   20  registration more than once per year. However, if there is a
   21  change of ownership, the new owner may be required to submit a
   22  new application for registration.
   23         3.As a condition of registration, the local law,
   24  ordinance, or regulation may only require the owner or operator
   25  of a vacation rental to:
   26         a.Submit identifying information about the owner or the
   27  owner’s agents and the subject vacation rental property.
   28         b.Obtain a license as a transient public lodging
   29  establishment issued by the division within 60 days after local
   30  registration.
   31         c.Obtain all required tax registrations, receipts, or
   32  certificates issued by the Department of Revenue, a county, or a
   33  municipal government.
   34         d.Update required information on a continuing basis to
   35  ensure it is current.
   36         e.Comply with parking standards and solid waste handling
   37  and containment requirements, so long as such standards and
   38  requirements are not imposed solely on vacation rentals.
   39         f.Designate and maintain at all times a responsible party
   40  who is capable of responding to complaints and other immediate
   41  problems related to the vacation rental, including being
   42  available by telephone at a listed phone number.
   43         g.Pay in full all recorded municipal or county code liens
   44  against the subject property. The local government may withdraw
   45  its acceptance of a registration on the basis of an unsatisfied
   46  recorded municipal or county code lien.
   47         4.a.Within 15 business days after receiving an application
   48  for registration of a vacation rental, the local government must
   49  review the application for completeness and accept the
   50  registration of the vacation rental or issue a written notice
   51  specifying with particularity any areas that are deficient. Such
   52  notice may be provided by United States mail or electronically.
   53         b.The vacation rental owner or operator and the local
   54  government may agree to a reasonable request to extend the
   55  timeframes provided in this subparagraph, particularly in the
   56  event of a force majeure or other extraordinary circumstance.
   57         c.When a local government denies an application for
   58  registration of a vacation rental, the local government must
   59  give written notice to the applicant. Such notice may be
   60  provided by United States mail or electronically. The notice
   61  must specify with particularity the factual reasons for the
   62  denial and include a citation to the applicable portions of an
   63  ordinance, a rule, a statute, or other legal authority for the
   64  denial of the registration. A local government may not deny any
   65  applicant from reapplying if the applicant cures the identified
   66  deficiencies.
   67         d.If the local government fails to accept or deny the
   68  registration within the timeframes provided in this
   69  subparagraph, the application is deemed accepted.
   70         e.Upon an accepted registration of a vacation rental, a
   71  local government shall assign a unique registration number to
   72  the vacation rental or other indicia of registration and provide
   73  the registration number or other indicia of registration to the
   74  owner or operator of the vacation rental in writing or
   75  electronically.
   76         5. The local government may terminate or refuse to issue or
   77  renew a vacation rental registration when:
   78         a.The operation of the subject premises violates a
   79  registration requirement authorized pursuant to this paragraph
   80  or a local law, ordinance, or regulation that does not apply
   81  solely to vacation rentals; or
   82         b.The premises and its owner are the subject of a final
   83  order or judgment lawfully directing the termination of the
   84  premises’ use as a vacation rental.
   85         (d)The regulation of advertising platforms is preempted to
   86  the state as provided in this chapter.
   87         Section 4. Effective January 1, 2023, subsections (2) and
   88  (3) of section 509.241, Florida Statutes, are amended to read:
   89         509.241 Licenses required; exceptions.—
   90         (2) APPLICATION FOR LICENSE.—Each person who plans to open
   91  a public lodging establishment or a public food service
   92  establishment shall apply for and receive a license from the
   93  division before prior to the commencement of operation. A
   94  condominium association, as defined in s. 718.103, which does
   95  not own any units classified as vacation rentals or timeshare
   96  projects under s. 509.242(1)(c) or (g) is not required to apply
   97  for or receive a public lodging establishment license. All
   98  applications for a vacation rental license must, if applicable,
   99  include the local registration number or other proof of
  100  registration required by local law, ordinance, or regulation.
  101  Upon receiving an application for a vacation rental license, the
  102  division may grant a temporary license that authorizes the
  103  vacation rental to begin operation while the application is
  104  pending and to post the information required under s.
  105  509.243(1)(c). The temporary license automatically expires upon
  106  final agency action regarding the license application.
  107         (3) DISPLAY OF LICENSE.—Any license issued by the division
  108  must shall be conspicuously displayed to the public inside in
  109  the office or lobby of the licensed establishment. Public food
  110  service establishments that which offer catering services must
  111  shall display their license number on all advertising for
  112  catering services. The owner or operator of a vacation rental
  113  offered for transient occupancy through an advertising platform
  114  must also display the vacation rental license number and, if
  115  applicable, the local registration number.
  116         Section 5. Effective January 1, 2023, section 509.243,
  117  Florida Statutes, is created to read:
  118         509.243Advertising platforms.—
  119         (1)(a)An advertising platform must require that a person
  120  who places an advertisement for the rental of a vacation rental:
  121         1.Include in the advertisement the vacation rental license
  122  number and, if applicable, the local registration number; and
  123         2.Attest to the best of the person’s knowledge that the
  124  license number for the vacation rental property and the local
  125  registration are current, valid, and accurately stated in the
  126  advertisement.
  127         (b)An advertising platform must display the vacation
  128  rental license number and, if applicable, the local registration
  129  number. Effective July 1, 2023, the advertising platform must
  130  check that the vacation rental license number provided by the
  131  owner or operator appears as current in the information posted
  132  by the division pursuant to paragraph (c) and applies to the
  133  subject vacation rental before publishing the advertisement on
  134  its platform and again at the end of each calendar quarter that
  135  the advertisement remains on its platform.
  136         (c)By July 1, 2023, the division shall maintain vacation
  137  rental license information in a readily accessible electronic
  138  format that is sufficient to facilitate prompt compliance with
  139  the requirements of this subsection by an advertising platform
  140  or a person placing an advertisement on an advertising platform
  141  for transient rental of a vacation rental.
  142         (2)An advertising platform must remove from public view an
  143  advertisement or a listing from its online application,
  144  software, website, or system within 15 business days after being
  145  notified by the division in writing that the subject
  146  advertisement or listing for the rental of a vacation rental
  147  located in this state fails to display a valid license number
  148  issued by the division.
  149         (3)If a guest uses a payment system on or through an
  150  advertising platform to pay for the rental of a vacation rental
  151  located in this state, the advertising platform must collect and
  152  remit all taxes due under ss. 125.0104, 125.0108, 205.044,
  153  212.03, 212.0305, and 212.055 related to the rental as provided
  154  in s. 212.03(2)(b).
  155         (4)If the division has probable cause to believe that a
  156  person not licensed by the division has violated this chapter or
  157  any rule adopted pursuant thereto, the division may issue and
  158  deliver to such person a notice to cease and desist from the
  159  violation. The issuance of a notice to cease and desist does not
  160  constitute agency action for which a hearing under s. 120.569 or
  161  s. 120.57 may be sought. For the purpose of enforcing a cease
  162  and desist notice, the division may file a proceeding in the
  163  name of the state seeking the issuance of an injunction or a
  164  writ of mandamus against any person who violates any provision
  165  of the notice. If the division is required to seek enforcement
  166  of the notice for a penalty pursuant to s. 120.69, it is
  167  entitled to collect attorney fees and costs, together with any
  168  cost of collection.
  169         (5)The division may fine an advertising platform an amount
  170  not to exceed $1,000 per offense for violations of this section
  171  or of the rules of the division. For the purposes of this
  172  subsection, the division may regard as a separate offense each
  173  day or portion of a day in which an advertising platform is
  174  operated in violation of this section or rules of the division.
  175  The division shall issue a written warning or notice and provide
  176  the advertising platform 15 days to cure a violation before
  177  commencing any legal proceeding under subsection (4).
  178         (6)Advertising platforms shall adopt an antidiscrimination
  179  policy to help prevent discrimination among their users and
  180  shall inform all users of their services that it is illegal to
  181  refuse accommodation to an individual based on race, creed,
  182  color, sex, pregnancy, physical disability, or national origin
  183  pursuant to s. 509.092.
  184         (7)Advertising platforms that comply with the requirements
  185  of this section are deemed to be in compliance with the
  186  requirements of this chapter. This section does not create and
  187  is not intended to create a private cause of action against
  188  advertising platforms. An advertising platform may not be held
  189  liable for any action it takes voluntarily in good faith in
  190  relation to its users to comply with this chapter or the
  191  advertising platform’s terms of service.
  192         Section 6. Subsections (10) and (11) are added to section
  193  509.261, Florida Statutes, to read:
  194         509.261 Revocation or suspension of licenses; fines;
  195  procedure.—
  196         (10) The division may revoke, refuse to issue or renew, or
  197  suspend for a period of not more than 30 days a vacation rental
  198  license when:
  199         (a) The operation of the subject premises violates the
  200  terms of an applicable lease or property restriction, including
  201  any property restriction adopted pursuant to chapter 718,
  202  chapter 719, or chapter 720, as determined by a final order of a
  203  court of competent jurisdiction or a written decision by an
  204  arbitrator authorized to arbitrate a dispute relating to the
  205  subject property and a lease or property restriction;
  206         (b) The owner or operator fails to provide proof of
  207  registration, if required by local law, ordinance, or
  208  regulation;
  209         (c) The registration of the vacation rental is terminated
  210  by a local government as provided in s. 509.032(7)(b)5.; or
  211         (d) The premises and its owner are the subject of a final
  212  order or judgment lawfully directing the termination of the
  213  premises’ use as a vacation rental.
  214         (11) The division may suspend, for a period of not more
  215  than 30 days, a vacation rental license when the owner or
  216  operator has been found by the code enforcement board, pursuant
  217  to s. 162.06, to have two or more code violations related