Florida Senate - 2023                                      SB 92
       
       
        
       By Senator Garcia
       
       
       
       
       
       36-00375-23                                             202392__
    1                        A bill to be entitled                      
    2         An act relating to vacation rentals; amending s.
    3         509.032, F.S.; providing that local laws, ordinances,
    4         or regulations requiring vacation rental owners or
    5         operators to provide the local government with certain
    6         contact information are not prohibited or preempted to
    7         the state; providing an effective date.
    8          
    9  Be It Enacted by the Legislature of the State of Florida:
   10  
   11         Section 1. Subsection (7) of section 509.032, Florida
   12  Statutes, is amended to read:
   13         509.032 Duties.—
   14         (7) PREEMPTION AUTHORITY.—
   15         (a) The regulation of public lodging establishments and
   16  public food service establishments, including, but not limited
   17  to, sanitation standards, inspections, training and testing of
   18  personnel, and matters related to the nutritional content and
   19  marketing of foods offered in such establishments, is preempted
   20  to the state. This paragraph does not preempt the authority of a
   21  local government or local enforcement district to conduct
   22  inspections of public lodging and public food service
   23  establishments for compliance with the Florida Building Code and
   24  the Florida Fire Prevention Code, pursuant to ss. 553.80 and
   25  633.206.
   26         (b) A local law, ordinance, or regulation may not prohibit
   27  vacation rentals or regulate the duration or frequency of rental
   28  of vacation rentals. This paragraph does not apply to any local
   29  law, ordinance, or regulation adopted on or before June 1, 2011.
   30         (c) Paragraph (b) does not apply to any local law,
   31  ordinance, or regulation exclusively relating to property
   32  valuation as a criterion for vacation rental if the local law,
   33  ordinance, or regulation is required to be approved by the state
   34  land planning agency pursuant to an area of critical state
   35  concern designation.
   36         (d) This subsection does not prohibit a local law,
   37  ordinance, or regulation from requiring a vacation rental owner
   38  or operator to designate and maintain at all times with the
   39  local government the name and contact information of a
   40  responsible party who is capable of responding to complaints and
   41  other immediate problems related to the vacation rental,
   42  including being available by telephone at a publicly listed
   43  telephone number.
   44         Section 2. This act shall take effect July 1, 2023.