Florida Senate - 2024                          SENATOR AMENDMENT
       Bill No. CS for SB 280
       
       
       
       
       
       
                                Ì657364<Î657364                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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       Senator DiCeglie moved the following:
       
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete lines 465 - 736
    4  and insert:
    5  a fine for failure to register under the local program. A local
    6  government must prepare a business impact estimate in accordance
    7  with s. 125.66(3) or s. 166.041(4), as applicable, before
    8  implementing a vacation rental registration program.
    9         (a)A local government may charge a reasonable fee per unit
   10  for processing a registration application. A local law,
   11  ordinance, or regulation may require annual renewal of a
   12  registration and may charge a reasonable renewal fee per unit
   13  for processing of a registration renewal. However, if there is a
   14  change of ownership, the new owner may be required to submit a
   15  new application for registration. Subsequent to the registration
   16  of a vacation rental, a local government may charge a reasonable
   17  fee to inspect a vacation rental after registration for
   18  compliance with the Florida Building Code and the Florida Fire
   19  Prevention Code, described in ss. 553.80 and 633.206,
   20  respectively.
   21         (b)As a condition of registration or renewal of a vacation
   22  rental, a local law, ordinance, or regulation establishing a
   23  local vacation rental registration program may only require the
   24  operator of a vacation rental to do the following:
   25         1.Submit identifying information about the owner and the
   26  operator, if applicable, and the subject vacation rental
   27  premises.
   28         2.Provide proof of a license with the unique identifier
   29  issued by the division to operate as a vacation rental.
   30         3.Obtain all required tax registrations, receipts, or
   31  certificates issued by the Department of Revenue, a county, or a
   32  municipality.
   33         4.Update required information as necessary to ensure it is
   34  current.
   35         5.Designate and maintain at all times a responsible party
   36  who is capable of responding to complaints or emergencies
   37  related to the vacation rental, including being available by
   38  telephone at a provided contact telephone number 24 hours a day,
   39  7 days a week, and receiving legal notice of violations on
   40  behalf of the vacation rental operator.
   41         6. State and comply with the maximum overnight occupancy of
   42  the vacation rental which do not exceed either two persons per
   43  bedroom, plus an additional two persons in one common area; or
   44  more than two persons per bedroom if there is at least 50 square
   45  feet per person, plus an additional two persons in one common
   46  area, whichever is greater.
   47         7. Pay in full all recorded municipal or county code liens
   48  against the subject vacation rental premises.
   49         (c)Within 15 business days after receiving an application
   50  for registration of a vacation rental, a local government shall
   51  review the application for completeness and accept the
   52  registration of the vacation rental or issue a written notice of
   53  denial.
   54         1.The vacation rental operator and the local government
   55  may agree to a reasonable request to extend the timeframes
   56  provided in this paragraph, particularly in the event of a force
   57  majeure or other extraordinary circumstance.
   58         2.If a local government fails to accept or deny the
   59  registration within the timeframes provided in this paragraph,
   60  the application is deemed accepted.
   61         (d) If a local government denies a registration of a
   62  vacation rental, the local government must give written notice
   63  to the applicant. Such notice may be provided by United States
   64  mail or electronically. The notice must specify with
   65  particularity the factual reasons for the denial and include a
   66  citation to the applicable portions of the ordinance, rule,
   67  statute, or other legal authority for the denial of the
   68  registration. A local government may not prohibit an applicant
   69  from reapplying if the applicant cures the identified
   70  deficiencies.
   71         (e)1.Upon acceptance of a vacation rental registration, a
   72  local government shall assign a unique registration number to
   73  the vacation rental unit and provide the registration number or
   74  other indicia of registration to the vacation rental operator in
   75  writing or electronically.
   76         2. A local government must provide the vacation rental
   77  registration number to the division within 5 days after receipt
   78  of the registration number.
   79         (f)1.A local government may fine a vacation rental
   80  operator up to $500 if he or she:
   81         a. Fails to continue to meet the registration requirements
   82  in paragraph (b);
   83         b. Is operating a vacation rental without registering it
   84  with the local government as a vacation rental; or
   85         c. Fails to provide the division with the unique
   86  registration number as required in paragraph (e).
   87         2. Before issuing a fine, the local government shall issue
   88  written notice of such violation and provide a vacation rental
   89  operator 15 days to cure the violation. If the vacation rental
   90  operator has not cured the violation within the 15 days, the
   91  local government may issue a fine.
   92         (g) A certified copy of an order imposing a fine may be
   93  recorded in the public records and thereafter constitutes a lien
   94  against the real property on which the violation exists and upon
   95  any other real or personal property owned by the violator. Upon
   96  petition to the circuit court, such order is enforceable in the
   97  same manner as a court judgment by the sheriffs of this state,
   98  including execution and levy against the personal property of
   99  the violator, but such order may not be deemed to be a court
  100  judgment except for enforcement purposes. A fine imposed
  101  pursuant to this subsection will continue to accrue until the
  102  violator comes into compliance or until judgment is rendered in
  103  a suit filed pursuant to this section, whichever occurs first. A
  104  lien arising from a fine imposed pursuant to this subsection
  105  runs in favor of the local government, and the local government
  106  shall execute a satisfaction or release of lien upon full
  107  payment. If such lien remains unpaid 3 months or more after the
  108  filing of the lien, the local government may foreclose on the
  109  lien against the real property on which the violation exists or
  110  sue to recover a money judgment for the amount of the lien, plus
  111  accrued interest. A lien created pursuant to this part may not
  112  be foreclosed on real property that is a homestead under s. 4,
  113  Art. X of the State Constitution. The money judgment provisions
  114  of this section do not apply to real property or personal
  115  property that is covered under s. 4(a), Art. X of the State
  116  Constitution.
  117         (h)1.If a code violation related to the vacation rental is
  118  found by the code enforcement board or special magistrate to be
  119  a material violation of a local law, ordinance, or regulation
  120  that does not solely apply to vacation rentals, and the
  121  violation is directly related to the vacation rental premises,
  122  the local government must issue a written notice of such
  123  violation.
  124         2. If a code violation related to the vacation rental is
  125  found to be a material violation of a local law, ordinance, or
  126  regulation as described in subparagraph 1., the code enforcement
  127  board or special magistrate must make a recommendation to the
  128  local government as to whether a vacation rental registration
  129  should be suspended.
  130         3. The code enforcement board or special magistrate must
  131  recommend the suspension of the vacation rental registration if
  132  there are:
  133         a.One or more violations on 5 separate days during a 60
  134  day period;
  135         b.One or more violations on 5 separate days during a 30
  136  day period; or
  137         c. One or more violations after two prior suspensions of
  138  the vacation rental registration.
  139         4.If the code enforcement board or special magistrate
  140  recommends suspension of a vacation rental registration, a local
  141  government may suspend such registration for a period of:
  142         a.Up to 30 days for one or more violations on 5 separate
  143  days during a 60-day period;
  144         b. Up to 60 days for one or more violations on 5 separate
  145  days during a 30-day period; or
  146         c. Up to 90 days for one or more violations after two prior
  147  suspensions of a vacation rental registration.
  148         5. A local government may not suspend a vacation rental
  149  registration for violations of a local law, ordinance, or
  150  regulation which are not directly related to the vacation rental
  151  premises.
  152         6.A local government shall provide notice of the
  153  suspension of a vacation rental registration to the vacation
  154  rental operator and the division within 5 days after the
  155  suspension. The notice must include the start date of the
  156  suspension, which must be at least 21 days after the suspension
  157  notice is sent to the vacation rental operator and the division.
  158  Effective January 1, 2026, a local government shall use the
  159  vacation rental information system described in s. 509.244 to
  160  provide notice of the suspension of a vacation rental
  161  registration to the division.
  162         (i)1. A local government may revoke or refuse to renew a
  163  vacation rental registration if:
  164         a. A vacation rental registration has been suspended three
  165  times pursuant to paragraph (h);
  166         b. There is an unsatisfied, recorded municipal lien or
  167  county lien on the real property of the vacation rental.
  168  However, the local government shall allow the vacation rental
  169  operator at least 60 days before the revocation of a
  170  registration to satisfy the recorded municipal lien or county
  171  lien; or
  172         c. The vacation rental premises and its owner are the
  173  subject of a final order or judgment by a court of competent
  174  jurisdiction lawfully directing the termination of the premises’
  175  use as a vacation rental.
  176         2. A local government shall provide notice within 5 days
  177  after the revocation of, or refusal to renew, a vacation rental
  178  registration to the vacation rental operator and the division.
  179  The notice must include the date of revocation or nonrenewal,
  180  which must be at least 21 days after the date such notice is
  181  sent to the vacation rental operator and the division. Effective
  182  January 1, 2026, a local government shall use the vacation
  183  rental information system described in s. 509.244 to provide
  184  notice of the revocation of or refusal to renew a vacation
  185  rental registration to the division.
  186         (j) A vacation rental operator may appeal a denial,
  187  suspension, or revocation of a vacation rental registration, or
  188  a refusal to renew such registration, to the circuit court. An
  189  appeal must be filed within 30 days after the issuance of the
  190  denial, suspension, or revocation of, or refusal to renew, the
  191  vacation rental registration. The court may assess and award
  192  reasonable attorney fees and costs and damages to the prevailing
  193  party.
  194  
  195  This subsection does not prohibit a local government from
  196  establishing a local law, ordinance, or regulation if it is
  197  uniformly applied without regard to whether the residential
  198  property is used as a vacation rental.
  199         Section 4. Effective January 1, 2025, present paragraph (c)
  200  of subsection (4) of section 509.241, Florida Statutes, is
  201  redesignated as paragraph (d), a new paragraph (c) is added to
  202  that subsection, subsection (5) is added to that section, and
  203  subsections (2) and (3) of that section are amended, to read:
  204         509.241 Licenses required; exceptions; division online
  205  accounts and transactions.—
  206         (2) APPLICATION FOR LICENSE.—Each person who plans to open
  207  a public lodging establishment or a public food service
  208  establishment shall apply for and receive a license from the
  209  division before prior to the commencement of operation. A
  210  condominium association, as defined in s. 718.103, which does
  211  not own any units classified as vacation rentals or timeshare
  212  projects under s. 509.242(1)(c) or (g) is not required to apply
  213  for or receive a public lodging establishment license. Upon
  214  receiving an application for a vacation rental license, the
  215  division may grant a temporary license that authorizes the
  216  vacation rental to begin operation while the application is
  217  pending. The temporary license automatically expires upon final
  218  agency action regarding the license application.
  219         (3) DISPLAY OF LICENSE.—A Any license issued by the
  220  division must shall be conspicuously displayed to the public
  221  inside in the office or lobby of the licensed establishment.
  222  Public food service establishments that which offer catering
  223  services must shall display their license number on all
  224  advertising for catering services. The vacation rental’s local
  225  registration number must, if applicable, be conspicuously
  226  displayed inside the vacation rental.
  227         (4) ONLINE ACCOUNT AND TRANSACTIONS.—Each person who plans
  228  to open a public lodging establishment or a public food service
  229  establishment and each licensee or licensed agent must create
  230  and maintain a division online account and provide an e-mail
  231  address to the division to function as the primary contact for
  232  all communication from the division.
  233         (c)Each vacation rental operator managing a license
  234  classified as a vacation rental as defined in s. 509.242(1)(c)
  235  must submit to the division, through the division’s online
  236  system, any applicable local vacation rental registration number
  237  within 5 days after registration.
  238         (5)UNIQUE IDENTIFIER.—The division shall assign a unique
  239  identifier on each vacation rental license which identifies each
  240  individual vacation rental dwelling or unit.
  241         Section 5. Effective January 1, 2025, section 509.243,
  242  Florida Statutes, is created to read:
  243         509.243 Advertising platforms.—
  244         (1) An advertising platform shall require that a person who
  245  places an advertisement or a listing of a vacation rental which
  246  offers it for rent do all of the following:
  247         (a) Include in the advertisement or listing the vacation
  248  rental license number with the associated unique identifier and,
  249  if applicable, the local registration number.
  250         (b) Attest to the best of the person’s knowledge that the
  251  vacation rental’s license with the associated unique identifier
  252  and, if applicable, its local registration are current and valid
  253  and that all related information is accurately stated in the
  254  advertisement.
  255         (2) An advertising platform shall display the vacation
  256  rental license number with the associated unique identifier,
  257  and, if applicable, the local registration number.
  258         (3) Effective January 1, 2026, an advertising platform:
  259         (a) Shall use the vacation rental information system
  260  described in s. 509.244 to verify that the vacation rental
  261  license number with the associated unique identifier, and, if
  262  applicable, the local registration number, are current, valid,
  263  and apply to the subject vacation rental before publishing an
  264  advertisement or a listing on its platform.
  265         (b)May not advertise or list on its platform a vacation
  266  rental that fails to provide a valid vacation rental license
  267  number with the associated unique identifier, and, if
  268  applicable, the local registration number as indicated on the
  269  vacation rental information system described in s. 509.244.
  270         (c) Shall remove from public view an advertisement or a
  271  listing from its online application, software, website, or
  272  system within 15 business days after notification that a
  273  vacation rental license, or if applicable, a local registration:
  274         1.Has been suspended, revoked, or not renewed; or
  275         2.Fails to display a valid vacation rental license number
  276  with the associated unique identifier or, if applicable, a local
  277  registration number.
  278         (d) Shall notify the division within 15 days after any
  279  advertisement or listing on its online application, software,
  280  website, or system fails to display a valid vacation rental
  281  license number with associated unique identifier or, if
  282  applicable, a local registration number.
  283         (e)Shall provide to the division on a quarterly basis, in
  284  a manner compatible with the vacation rental information system
  285  described in s. 509.244, a list of all vacation rentals located
  286  in this state which are advertised on its platform. The list
  287  must include the following information:
  288         1. The uniform resource locator for the Internet address of
  289  the vacation rental advertisement;
  290         2. The physical address of the vacation rental, including
  291  any unit designation;
  292         3. The vacation rental license number with the associated
  293  unique identifier, and, if applicable, the local registration
  294  number;
  295         4. The applicable Florida tax registration number or local
  296  tourist development tax account number under which taxes related
  297  to the rental will be remitted as provided in s. 212.03(2);
  298         5. The name of the vacation rental owner or operator;
  299         6.Listed by the calendar date, the individual periods that
  300  the vacation rental is rented; and
  301         7. The itemized amounts collected or processed by the
  302  advertising platform for the rental, taxes, and all other
  303  charges.
  304  
  305  Upon request, the division shall share any report and underlying
  306  records provided by an advertising platform pursuant to this
  307  paragraph with the Department of Revenue, local taxing
  308  authorities, and local governments. These records may be used
  309  for auditing and enforcement purposes.
  310  
  311  ================= T I T L E  A M E N D M E N T ================
  312  And the title is amended as follows:
  313         Delete lines 19 - 124
  314  and insert:
  315         for failure to register; requiring a local government
  316         to prepare a business impact estimate under certain
  317         circumstances; authorizing local governments to charge
  318         a reasonable fee for processing registration
  319         applications; authorizing local laws, ordinances, or
  320         regulations to require annual renewal of a
  321         registration and to charge a reasonable fee for such
  322         renewal; providing that a change in ownership may
  323         require a new application for registration;
  324         authorizing local governments to charge a reasonable
  325         fee to inspect a vacation rental for a specified
  326         purpose; specifying requirements and procedures for,
  327         and limitations on, local vacation rental registration
  328         programs; authorizing local governments to fine
  329         vacation rental operators under certain circumstances;
  330         specifying procedures related to the imposition of
  331         fines; providing applicability relating to certain
  332         money judgment provisions; requiring local governments
  333         to issue a written notice of violation under certain
  334         circumstances; requiring the code enforcement board or
  335         special magistrate to make certain recommendations
  336         under specified circumstances; authorizing local
  337         governments to suspend a vacation rental registration
  338         for specified periods of time; prohibiting local
  339         governments from suspending a vacation rental
  340         registration for violations that are not directly
  341         related to the vacation rental premises; requiring
  342         local governments to provide notice of registration
  343         suspension, within a specified timeframe, to vacation
  344         rental operators and the Division of Hotels and
  345         Restaurants of the Department of Business and
  346         Professional Regulation; providing requirements for
  347         such notice; requiring, by a certain date, local
  348         governments to use the vacation rental information
  349         system to provide such notice to the division;
  350         providing that local governments may revoke or refuse
  351         to renew a vacation rental registration under certain
  352         circumstances; requiring local governments to provide
  353         notice of revocation of or refusal to renew a vacation
  354         rental registration to vacation rental operators and
  355         the division within a specified timeframe; requiring,
  356         by a certain date, local governments to use the
  357         vacation rental information system to provide such
  358         notice to the division; providing that vacation rental
  359         operators may appeal a denial, suspension, or
  360         revocation of, or a refusal to renew, the registration
  361         of a vacation rental; providing procedures for such
  362         appeal; providing construction; amending s. 509.241,
  363         F.S.; authorizing the division to issue temporary
  364         licenses upon receipt of vacation rental license
  365         applications while such applications are pending;
  366         providing for expiration of such licenses; requiring
  367         that any license issued by the division be
  368         conspicuously displayed to the public inside the
  369         licensed establishment; requiring that a vacation
  370         rental’s registration number, if applicable, be
  371         conspicuously displayed inside the vacation rental;
  372         requiring vacation rental operators managing a license
  373         classified as a vacation rental to submit local
  374         vacation rental registration numbers, if applicable,
  375         within a specified timeframe to the division through
  376         the division’s online system; requiring the division
  377         to assign a unique identifier on each vacation rental
  378         license which identifies each individual vacation
  379         rental dwelling or unit; creating s. 509.243, F.S.;
  380         requiring advertising platforms to require that
  381         persons placing advertisements or listings for
  382         vacation rentals include certain information in the
  383         advertisements or listings and attest to certain
  384         information; requiring advertising platforms to
  385         display certain information; requiring, as of a
  386         specified date, advertising platforms to verify
  387         certain information before publishing an advertisement
  388         or listing on their platforms, prohibit and remove
  389         from public view an advertisement or a listing under
  390         certain circumstances, and make certain notifications
  391         and provide certain information to the division;
  392         requiring the division, upon request, to share certain
  393         reports and records with the Department of Revenue,
  394         local tax authorities, and local governments;
  395         providing that such records may be used for auditing
  396         and enforcement purposes; requiring advertising
  397         platforms to collect and remit specified taxes for
  398         certain transactions; authorizing the division to
  399         issue and deliver a notice to cease and desist for
  400         certain violations; providing that such notice does
  401         not constitute agency action for which certain
  402         hearings may be sought; authorizing the division to
  403         issue cease and desist notices in certain
  404         circumstances; providing that issuance of such notice
  405         does not constitute an agency action; authorizing the
  406         division to file certain proceedings for the purpose
  407         of enforcing a cease and desist notice; authorizing
  408         the division to collect attorney fees and costs under
  409         certain circumstances; authorizing the division to
  410         impose a fine on advertising platforms for certain
  411         violations; requiring the division to issue written
  412         notice of violations to advertising platforms before
  413         commencing certain legal proceedings; requiring
  414         advertising platforms to adopt an antidiscrimination
  415         policy and to inform their users of the policy’s
  416         provisions; providing construction; creating s.
  417         509.244, F.S.; defining the term “application program
  418         interface”; requiring the division, by a specified
  419         date, to create and maintain a certain vacation rental
  420         information system; specifying requirements for the
  421         system; amending s. 509.261, F.S.; authorizing the
  422         division to revoke, refuse to issue or renew, or
  423         suspend vacation rental licenses under certain
  424         circumstances; requiring the division to specify the
  425         number of the license number of the vacation rental
  426         dwelling or unit which has been revoked, not renewed,
  427         or suspended; requiring the division to input such
  428         status in the vacation