Florida Senate - 2024                        COMMITTEE AMENDMENT
       Bill No. SB 280
       
       
       
       
       
       
                                Ì696386WÎ696386                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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       The Committee on Fiscal Policy (DiCeglie) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete lines 241 - 815
    4  and insert:
    5         (b) The following are excluded from the definitions in
    6  paragraph (a):
    7         1. Any dormitory or other living or sleeping facility
    8  maintained by a public or private school, college, or university
    9  for the use of students, faculty, or visitors.
   10         2. Any facility certified or licensed and regulated by the
   11  Agency for Health Care Administration or the Department of
   12  Children and Families or other similar place regulated under s.
   13  381.0072.
   14         3. Any place renting four rental units or less, unless the
   15  rental units are advertised or held out to the public to be
   16  places that are regularly rented to transients.
   17         4. Any unit or group of units in a condominium,
   18  cooperative, or timeshare plan and any individually or
   19  collectively owned one-family, two-family, three-family, or
   20  four-family dwelling house or dwelling unit that is rented for
   21  periods of at least 30 days or 1 calendar month, whichever is
   22  less, and that is not advertised or held out to the public as a
   23  place regularly rented for periods of less than 1 calendar
   24  month, provided that no more than four rental units within a
   25  single complex of buildings are available for rent.
   26         5. Any migrant labor camp or residential migrant housing
   27  permitted by the Department of Health under ss. 381.008
   28  381.00895.
   29         6. Any establishment inspected by the Department of Health
   30  and regulated by chapter 513.
   31         7. A facility operated by a nonprofit which provides Any
   32  nonprofit organization that operates a facility providing
   33  housing only to patients, patients’ families, and patients’
   34  caregivers and not to the general public.
   35         8. Any apartment building inspected by the United States
   36  Department of Housing and Urban Development or other entity
   37  acting on the department’s behalf which that is designated
   38  primarily as housing for persons at least 62 years of age. The
   39  division may require the operator of the apartment building to
   40  attest in writing that such building meets the criteria provided
   41  in this subparagraph. The division may adopt rules to implement
   42  this requirement.
   43         9. Any roominghouse, boardinghouse, or other living or
   44  sleeping facility that may not be classified as a hotel, motel,
   45  timeshare project, vacation rental, nontransient apartment, bed
   46  and breakfast inn, or transient apartment under s. 509.242.
   47         (9)(a)(5)(a) “Public food service establishment” means any
   48  building, vehicle, place, or structure, or any room or division
   49  in a building, vehicle, place, or structure where food is
   50  prepared, served, or sold for immediate consumption on or in the
   51  vicinity of the premises; called for or taken out by customers;
   52  or prepared before prior to being delivered to another location
   53  for consumption. The term includes a culinary education program,
   54  as defined in s. 381.0072(2), which offers, prepares, serves, or
   55  sells food to the general public, regardless of whether it is
   56  inspected by another state agency for compliance with sanitation
   57  standards.
   58         (b) The following are excluded from the definition in
   59  paragraph (a):
   60         1. Any place maintained and operated by a public or private
   61  school, college, or university:
   62         a. For the use of students and faculty; or
   63         b. Temporarily, to serve such events as fairs, carnivals,
   64  food contests, cook-offs, and athletic contests.
   65         2. Any eating place maintained and operated by a church or
   66  a religious, nonprofit fraternal, or nonprofit civic
   67  organization:
   68         a. For the use of members and associates; or
   69         b. Temporarily, to serve such events as fairs, carnivals,
   70  food contests, cook-offs, or athletic contests.
   71  
   72  Upon request by the division, a church or a religious, nonprofit
   73  fraternal, or nonprofit civic organization claiming an exclusion
   74  under this subparagraph must provide the division documentation
   75  of its status as a church or a religious, nonprofit fraternal,
   76  or nonprofit civic organization.
   77         3. Any eating place maintained and operated by an
   78  individual or entity at a food contest, cook-off, or a temporary
   79  event lasting from 1 to 3 days which is hosted by a church or a
   80  religious, nonprofit fraternal, or nonprofit civic organization.
   81  Upon request by the division, the event host must provide the
   82  division documentation of its status as a church or a religious,
   83  nonprofit fraternal, or nonprofit civic organization.
   84         4. Any eating place located on an airplane, a train, a bus,
   85  or a watercraft that which is a common carrier.
   86         5. Any eating place maintained by a facility certified or
   87  licensed and regulated by the Agency for Health Care
   88  Administration or the Department of Children and Families or
   89  other similar place that is regulated under s. 381.0072.
   90         6. Any place of business issued a permit or inspected by
   91  the Department of Agriculture and Consumer Services under s.
   92  500.12.
   93         7. Any place of business where the food available for
   94  consumption is limited to ice, beverages with or without
   95  garnishment, popcorn, or prepackaged items sold without
   96  additions or preparation.
   97         8. Any theater, if the primary use is as a theater and if
   98  patron service is limited to food items customarily served to
   99  the admittees of theaters.
  100         9. Any vending machine that dispenses any food or beverages
  101  other than potentially hazardous foods, as defined by division
  102  rule.
  103         10. Any vending machine that dispenses potentially
  104  hazardous food and which is located in a facility regulated
  105  under s. 381.0072.
  106         11. Any research and development test kitchen limited to
  107  the use of employees and which is not open to the general
  108  public.
  109         (2)(6) “Director” means the Director of the Division of
  110  Hotels and Restaurants of the Department of Business and
  111  Professional Regulation.
  112         (11)(7) “Single complex of buildings” means all buildings
  113  or structures that are owned, managed, controlled, or operated
  114  under one business name and are situated on the same tract or
  115  plot of land that is not separated by a public street or
  116  highway.
  117         (12)(8) “Temporary food service event” means any event of
  118  30 days or less in duration where food is prepared, served, or
  119  sold to the general public.
  120         (13)(9) “Theme park or entertainment complex” means a
  121  complex comprised of at least 25 contiguous acres owned and
  122  controlled by the same business entity and which contains
  123  permanent exhibitions and a variety of recreational activities
  124  and has a minimum of 1 million visitors annually.
  125         (14)(10) “Third-party provider” means, for purposes of s.
  126  509.049, any provider of an approved food safety training
  127  program that provides training or such a training program to a
  128  public food service establishment that is not under common
  129  ownership or control with the provider.
  130         (16)(11) “Transient establishment” means any public lodging
  131  establishment that is rented or leased to guests by an operator
  132  whose intention is that such guests’ occupancy will be
  133  temporary.
  134         (17)(12) “Transient occupancy” means occupancy when it is
  135  the intention of the parties that the occupancy will be
  136  temporary. There is a rebuttable presumption that, when the
  137  dwelling unit occupied is not the sole residence of the guest,
  138  the occupancy is transient.
  139         (15)(13) “Transient” means a guest in transient occupancy.
  140         (6)(14) “Nontransient establishment” means any public
  141  lodging establishment that is rented or leased to guests by an
  142  operator whose intention is that the dwelling unit occupied will
  143  be the sole residence of the guest.
  144         (7)(15) “Nontransient occupancy” means occupancy when it is
  145  the intention of the parties that the occupancy will not be
  146  temporary. There is a rebuttable presumption that, when the
  147  dwelling unit occupied is the sole residence of the guest, the
  148  occupancy is nontransient.
  149         (5)(16) “Nontransient” means a guest in nontransient
  150  occupancy.
  151         Section 3. Paragraph (c) of subsection (3) and subsection
  152  (7) of section 509.032, Florida Statutes, are amended, and
  153  subsection (8) is added to that section, to read:
  154         509.032 Duties.—
  155         (3) SANITARY STANDARDS; EMERGENCIES; TEMPORARY FOOD SERVICE
  156  EVENTS.—The division shall:
  157         (c) Administer a public notification process for temporary
  158  food service events and distribute educational materials that
  159  address safe food storage, preparation, and service procedures.
  160         1. Sponsors of temporary food service events shall notify
  161  the division not less than 3 days before the scheduled event of
  162  the type of food service proposed, the time and location of the
  163  event, a complete list of food service vendors participating in
  164  the event, the number of individual food service facilities each
  165  vendor will operate at the event, and the identification number
  166  of each food service vendor’s current license as a public food
  167  service establishment or temporary food service event licensee.
  168  Notification may be completed orally, by telephone, in person,
  169  or in writing. A public food service establishment or food
  170  service vendor may not use this notification process to
  171  circumvent the license requirements of this chapter.
  172         2. The division shall keep a record of all notifications
  173  received for proposed temporary food service events and shall
  174  provide appropriate educational materials to the event sponsors
  175  and notify the event sponsors of the availability of the food
  176  recovery brochure developed under s. 595.420.
  177         3.a. Unless excluded under s. 509.013(9)(b) s.
  178  509.013(5)(b), a public food service establishment or other food
  179  service vendor must obtain one of the following classes of
  180  license from the division: an individual license, for a fee of
  181  no more than $105, for each temporary food service event in
  182  which it participates; or an annual license, for a fee of no
  183  more than $1,000, which that entitles the licensee to
  184  participate in an unlimited number of food service events during
  185  the license period. The division shall establish license fees,
  186  by rule, and may limit the number of food service facilities a
  187  licensee may operate at a particular temporary food service
  188  event under a single license.
  189         b. Public food service establishments holding current
  190  licenses from the division may operate under the regulations of
  191  such a license at temporary food service events.
  192         (7) PREEMPTION AUTHORITY.—
  193         (a) The regulation of public lodging establishments and
  194  public food service establishments, including, but not limited
  195  to, sanitation standards, licensing, inspections, training and
  196  testing of personnel, and matters related to the nutritional
  197  content and marketing of foods offered in such establishments,
  198  is preempted to the state. This paragraph does not preempt the
  199  authority of a local government or local enforcement district to
  200  conduct inspections of public lodging and public food service
  201  establishments for compliance with the Florida Building Code and
  202  the Florida Fire Prevention Code, pursuant to ss. 553.80 and
  203  633.206.
  204         (b) A local law, ordinance, or regulation may not prohibit
  205  vacation rentals or regulate the duration or frequency of rental
  206  of vacation rentals. This paragraph and subsection (8) do does
  207  not apply to any local law, ordinance, or regulation adopted on
  208  or before June 1, 2011, including such a law, ordinance, or
  209  regulation that is amended to be less restrictive or to comply
  210  with the local registration requirements provided in subsection
  211  (8), or when a law, ordinance, or regulation adopted after June
  212  1, 2011, regulates vacation rentals, if such law, ordinance, or
  213  regulation is less restrictive than a law, ordinance, or
  214  regulation that was in effect on June 1, 2011.
  215         (c) Paragraph (b) and subsection (8) do does not apply to
  216  any local law, ordinance, or regulation exclusively relating to
  217  property valuation as a criterion for vacation rental if the
  218  local law, ordinance, or regulation is required to be approved
  219  by the state land planning agency pursuant to an area of
  220  critical state concern designation.
  221         (d) The regulation of advertising platforms is preempted to
  222  the state.
  223         (8) LOCAL REGISTRATION OF VACATION RENTALS; SUSPENSION;
  224  REVOCATIONS; FINES.—Notwithstanding paragraph (7)(a), a local
  225  law, ordinance, or regulation may require the registration of
  226  vacation rentals with a local vacation rental registration
  227  program. Local governments may implement a vacation rental
  228  registration program pursuant to this subsection and may impose
  229  a fine for failure to register under the local program.
  230         (a)A local government may charge a reasonable fee per unit
  231  for processing a registration application. A local law,
  232  ordinance, or regulation may require annual renewal of a
  233  registration and may charge a reasonable renewal fee per unit
  234  for processing of a registration renewal. However, if there is a
  235  change of ownership, the new owner may be required to submit a
  236  new application for registration. Subsequent to the registration
  237  of a vacation rental, a local government may charge a reasonable
  238  fee to inspect a vacation rental after registration for
  239  compliance with the Florida Building Code and the Florida Fire
  240  Prevention Code, described in ss. 553.80 and 633.206,
  241  respectively.
  242         (b)As a condition of registration or renewal of a vacation
  243  rental, a local law, ordinance, or regulation establishing a
  244  local vacation rental registration program may only require the
  245  operator of a vacation rental to do the following:
  246         1.Submit identifying information about the owner and the
  247  operator, if applicable, and the subject vacation rental
  248  premises.
  249         2.Provide proof of a license with the unique identifier
  250  issued by the division to operate as a vacation rental.
  251         3.Obtain all required tax registrations, receipts, or
  252  certificates issued by the Department of Revenue, a county, or a
  253  municipality.
  254         4.Update required information as necessary to ensure it is
  255  current.
  256         5.Designate and maintain at all times a responsible party
  257  who is capable of responding to complaints or emergencies
  258  related to the vacation rental, including being available by
  259  telephone at a provided contact telephone number 24 hours a day,
  260  7 days a week, and receiving legal notice of violations on
  261  behalf of the vacation rental operator.
  262         6. State the maximum occupancy of the vacation rental in
  263  compliance with the Florida Fire Prevention Code, described in
  264  s. 633.206.
  265         7. Pay in full all recorded municipal or county code liens
  266  against the subject vacation rental premises.
  267         (c)Within 15 business days after receiving an application
  268  for registration of a vacation rental, a local government shall
  269  review the application for completeness and accept the
  270  registration of the vacation rental or issue a written notice of
  271  denial.
  272         1.The vacation rental operator and the local government
  273  may agree to a reasonable request to extend the timeframes
  274  provided in this paragraph, particularly in the event of a force
  275  majeure or other extraordinary circumstance.
  276         2.If a local government fails to accept or deny the
  277  registration within the timeframes provided in this paragraph,
  278  the application is deemed accepted.
  279         (d) If a local government denies a registration of a
  280  vacation rental, the local government must give written notice
  281  to the applicant. Such notice may be provided by United States
  282  mail or electronically. The notice must specify with
  283  particularity the factual reasons for the denial and include a
  284  citation to the applicable portions of the ordinance, rule,
  285  statute, or other legal authority for the denial of the
  286  registration. A local government may not prohibit an applicant
  287  from reapplying if the applicant cures the identified
  288  deficiencies.
  289         (e)1.Upon acceptance of a vacation rental registration, a
  290  local government shall assign a unique registration number to
  291  the vacation rental unit and provide the registration number or
  292  other indicia of registration to the vacation rental operator in
  293  writing or electronically.
  294         2. The vacation rental operator must provide the vacation
  295  rental registration number to the division within 5 days after
  296  receipt of the registration number.
  297         (f)1.A local government may fine a vacation rental
  298  operator up to $500 if he or she:
  299         a. Fails to continue to meet the registration requirements
  300  in paragraph (b);
  301         b. Is operating a vacation rental without registering it
  302  with the local government as a vacation rental; or
  303         c. Fails to provide the division with the unique
  304  registration number as required in paragraph (e).
  305         2. Before issuing a fine, the local government shall issue
  306  written notice of such violation and provide a vacation rental
  307  operator 15 days to cure the violation. If the vacation rental
  308  operator has not cured the violation within the 15 days, the
  309  local government may issue a fine.
  310         (g) A certified copy of an order imposing a fine may be
  311  recorded in the public records and thereafter constitutes a lien
  312  against the real property on which the violation exists and upon
  313  any other real or personal property owned by the violator. Upon
  314  petition to the circuit court, such order is enforceable in the
  315  same manner as a court judgment by the sheriffs of this state,
  316  including execution and levy against the personal property of
  317  the violator, but such order may not be deemed to be a court
  318  judgment except for enforcement purposes. A fine imposed
  319  pursuant to this subsection will continue to accrue until the
  320  violator comes into compliance or until judgment is rendered in
  321  a suit filed pursuant to this section, whichever occurs first. A
  322  lien arising from a fine imposed pursuant to this subsection
  323  runs in favor of the local government, and the local government
  324  shall execute a satisfaction or release of lien upon full
  325  payment. If such lien remains unpaid 3 months or more after the
  326  filing of the lien, the local government may foreclose on the
  327  lien against the real property on which the violation exists or
  328  sue to recover a money judgment for the amount of the lien, plus
  329  accrued interest. A lien created pursuant to this part may not
  330  be foreclosed on real property that is a homestead under s. 4,
  331  Art. X of the State Constitution. The money judgment provisions
  332  of this section do not apply to real property or personal
  333  property that is covered under s. 4(a), Art. X of the State
  334  Constitution.
  335         (h)1.If a code violation related to the vacation rental is
  336  found by the code enforcement board or special magistrate to be
  337  a material violation of a local law, ordinance, or regulation
  338  that does not solely apply to vacation rentals, and the
  339  violation is directly related to the vacation rental premises,
  340  the local government must issue a written notice of such
  341  violation.
  342         2. If a code violation related to the vacation rental is
  343  found to be a material violation of a local law, ordinance, or
  344  regulation as described in subparagraph 1., the code enforcement
  345  board or special magistrate must make a recommendation to the
  346  local government as to whether a vacation rental registration
  347  should be suspended.
  348         3. The code enforcement board or special magistrate must
  349  recommend the suspension of the vacation rental registration if
  350  there are:
  351         a.One or more violations on 5 separate days during a 60
  352  day period;
  353         b.One or more violations on 5 separate days during a 30
  354  day period; or
  355         c. One or more violations after two prior suspensions of
  356  the vacation rental registration.
  357         4.If the code enforcement board or special magistrate
  358  recommends suspension of a vacation rental registration, a local
  359  government may suspend such registration for a period of:
  360         a.Up to 30 days for one or more violations on 5 separate
  361  days during a 60-day period;
  362         b. Up to 60 days for one or more violations on 5 separate
  363  days during a 30-day period; or
  364         c. Up to 90 days for one or more violations after two prior
  365  suspensions of a vacation rental registration.
  366         5. A local government may not suspend a vacation rental
  367  registration for violations of a local law, ordinance, or
  368  regulation which are not directly related to the vacation rental
  369  premises.
  370         6.A local government must provide notice of the suspension
  371  of a vacation rental registration to the vacation rental
  372  operator and the division within 5 days after the suspension.
  373  The notice must include the start date of the suspension, which
  374  must be at least 21 days after the suspension notice is sent to
  375  the vacation rental operator and the division. Effective January
  376  1, 2026, a local government must use the vacation rental
  377  information system described in s. 509.244 to provide notice of
  378  the suspension of a vacation rental registration to the
  379  division.
  380         (i)1. A local government may revoke or refuse to renew a
  381  vacation rental registration if:
  382         a. A vacation rental registration has been suspended three
  383  times pursuant to paragraph (h);
  384         b. There is an unsatisfied, recorded municipal lien or
  385  county lien on the real property of the vacation rental.
  386  However, the local government must allow the vacation rental
  387  operator at least 60 days before the revocation of a
  388  registration to satisfy the recorded municipal lien or county
  389  lien; or
  390         c. The vacation rental premises and its owner are the
  391  subject of a final order or judgment by a court of competent
  392  jurisdiction lawfully directing the termination of the premises’
  393  use as a vacation rental.
  394         2. A local government must provide notice within 5 days
  395  after the revocation of, or refusal to renew, a vacation rental
  396  registration to the vacation rental operator and the division.
  397  The notice must include the date of revocation or nonrenewal,
  398  which must be at least 21 days after the date such notice is
  399  sent to the vacation rental operator and the division. Effective
  400  January 1, 2026, a local government must use the vacation rental
  401  information system described in s. 509.244 to provide notice of
  402  the revocation of or refusal to renew a vacation rental
  403  registration to the division.
  404         (j) A vacation rental operator may appeal a denial,
  405  suspension, or revocation of a vacation rental registration, or
  406  a refusal to renew such registration, to the circuit court. An
  407  appeal must be filed within 30 days after the issuance of the
  408  denial, suspension, or revocation of, or refusal to renew, the
  409  vacation rental registration. The court may assess and award
  410  reasonable attorney fees and costs and damages to the prevailing
  411  party.
  412  
  413  This subsection does not prohibit a local government from
  414  establishing a local law, ordinance, or regulation if it is
  415  uniformly applied without regard to whether the residential
  416  property is used as a vacation rental.
  417         Section 4. Effective January 1, 2025, present paragraph (c)
  418  of subsection (4) of section 509.241, Florida Statutes, is
  419  redesignated as paragraph (d), a new paragraph (c) is added to
  420  that subsection, subsection (5) is added to that section, and
  421  subsections (2) and (3) of that section are amended, to read:
  422         509.241 Licenses required; exceptions; division online
  423  accounts and transactions.—
  424         (2) APPLICATION FOR LICENSE.—Each person who plans to open
  425  a public lodging establishment or a public food service
  426  establishment shall apply for and receive a license from the
  427  division before prior to the commencement of operation. A
  428  condominium association, as defined in s. 718.103, which does
  429  not own any units classified as vacation rentals or timeshare
  430  projects under s. 509.242(1)(c) or (g) is not required to apply
  431  for or receive a public lodging establishment license. Upon
  432  receiving an application for a vacation rental license, the
  433  division may grant a temporary license that authorizes the
  434  vacation rental to begin operation while the application is
  435  pending. The temporary license automatically expires upon final
  436  agency action regarding the license application.
  437         (3) DISPLAY OF LICENSE.—A Any license issued by the
  438  division must shall be conspicuously displayed to the public
  439  inside in the office or lobby of the licensed establishment.
  440  Public food service establishments that which offer catering
  441  services must shall display their license number on all
  442  advertising for catering services. The vacation rental’s local
  443  registration number must, if applicable, be conspicuously
  444  displayed inside the vacation rental.
  445         (4) ONLINE ACCOUNT AND TRANSACTIONS.—Each person who plans
  446  to open a public lodging establishment or a public food service
  447  establishment and each licensee or licensed agent must create
  448  and maintain a division online account and provide an e-mail
  449  address to the division to function as the primary contact for
  450  all communication from the division.
  451         (c)Each vacation rental operator managing a license
  452  classified as a vacation rental as defined in s. 509.242(1)(c)
  453  must submit to the division, through the division’s online
  454  system, any applicable local vacation rental registration number
  455  within 5 days after registration.
  456         (5)UNIQUE IDENTIFIER.—The division shall assign a unique
  457  identifier on each vacation rental license which identifies each
  458  individual vacation rental dwelling or unit.
  459         Section 5. Effective January 1, 2025, section 509.243,
  460  Florida Statutes, is created to read:
  461         509.243 Advertising platforms.—
  462         (1) An advertising platform shall require that a person who
  463  places an advertisement or a listing of a vacation rental which
  464  offers it for rent do all of the following:
  465         (a) Include in the advertisement or listing the vacation
  466  rental license number with the associated unique identifier and,
  467  if applicable, the local registration number.
  468         (b) Attest to the best of the person’s knowledge that the
  469  vacation rental’s license with the associated unique identifier
  470  and, if applicable, its local registration are current and valid
  471  and that all related information is accurately stated in the
  472  advertisement.
  473         (2) An advertising platform shall display the vacation
  474  rental license number with the associated unique identifier,
  475  and, if applicable, the local registration number.
  476         (3) Effective January 1, 2026, an advertising platform:
  477         (a) Shall use the vacation rental information system
  478  described in s. 509.244 to verify that the vacation rental
  479  license number with the associated unique identifier, and, if
  480  applicable, the local registration number, are current, valid,
  481  and apply to the subject vacation rental before publishing an
  482  advertisement or a listing on its platform.
  483         (b)May not advertise or list on its platform a vacation
  484  rental that fails to provide a valid vacation rental license
  485  number with the associated unique identifier, and, if
  486  applicable, the local registration number as indicated on the
  487  vacation rental information system described in s. 509.244.
  488         (c) Shall remove from public view an advertisement or a
  489  listing from its online application, software, website, or
  490  system within 15 business days after notification that a
  491  vacation rental license, or if applicable, a local registration:
  492         1.Has been suspended, revoked, or not renewed; or
  493         2.Fails to display a valid vacation rental license number
  494  with the associated unique identifier or, if applicable, a local
  495  registration number.
  496         (d) Shall notify the division within 15 days after any
  497  advertisement or listing on its online application, software,
  498  website, or system fails to display a valid vacation rental
  499  license number with associated unique identifier or, if
  500  applicable, a local registration number.
  501         (4) If a guest uses a payment system on or through an
  502  advertising platform to pay for the rental of a vacation rental
  503  located in this state, the advertising platform must collect and
  504  remit all taxes due under ss. 125.0104, 125.0108, 205.044,
  505  212.03, 212.0305, and 212.055 related to the rental as provided
  506  in s. 212.03(2)(b).
  507         (5) If the division has probable cause to believe that a
  508  person not licensed by the division has violated this chapter or
  509  any rule adopted pursuant thereto, the division may issue and
  510  deliver to such person a notice to cease and desist from the
  511  violation. The issuance of a notice to cease and desist does not
  512  constitute agency action for which a hearing under s. 120.569 or
  513  s. 120.57 may be sought. For the purpose of enforcing a cease
  514  and desist notice, the division may file a proceeding in the
  515  name of the state seeking the issuance of an injunction or a
  516  writ of mandamus against any person who violates any provision
  517  of the notice. If the division is required to seek enforcement
  518  of the notice for a penalty pursuant to s. 120.69, it is
  519  entitled to collect attorney fees and costs, together with any
  520  cost of collection.
  521         (6) The division may fine an advertising platform an amount
  522  not to exceed $1,000 per offense for each violation of this
  523  section or of division rule. For the purposes of this
  524  subsection, the division may regard as a separate offense each
  525  day or portion of a day in which an advertising platform is
  526  operated in violation of this section or rules of the division.
  527  The division shall issue to the advertising platform a written
  528  notice of any violation and provide it 15 days to cure the
  529  violation before commencing any legal proceeding under
  530  subsection (5).
  531         (7) An advertising platform shall adopt an
  532  antidiscrimination policy to help prevent discrimination by its
  533  users and shall inform all users that it is illegal to refuse
  534  accommodation to an individual based on race, creed, color, sex,
  535  pregnancy, physical disability, or national origin, as provided
  536  in s. 509.092.
  537         (8) This section does not create a private cause of action
  538  against advertising platforms. An advertising platform may not
  539  be held liable for any action that it takes voluntarily and in
  540  good faith in relation to its users in compliance with this
  541  chapter or the advertising platform’s terms of service.
  542         Section 6. Section 509.244, Florida Statutes, is created to
  543  read:
  544         509.244 Vacation rental information system.—
  545         (1) As used in this section, the term “application program
  546  interface” means a predefined protocol for reading or writing
  547  data across a network using a file system or a database.
  548         (2) By July 1, 2025, the division shall create and maintain
  549  a vacation rental information system readily accessible through
  550  an application program interface. At a minimum, the system must
  551  do all of the following:
  552         (a)Facilitate prompt compliance with this chapter by a
  553  licensee or an advertising platform.
  554         (b)Allow advertising platforms to search by vacation
  555  rental license number with the associated unique identifier,
  556  applicable local registration number, and a listing status field
  557  that indicates whether the premises is compliant with applicable
  558  license and registration requirements to allow a platform to
  559  determine whether it may advertise the vacation rental.
  560         (c)Allow local government users to notify the division of
  561  a revocation or failure to renew, or the period of suspension
  562  of, a local registration, if applicable.
  563         (d)Provide a system interface to allow local governments
  564  and advertising platforms to verify the status of a vacation
  565  rental license and a local registration of a vacation rental, if
  566  applicable.
  567         (e)Allow a registered user to subscribe to receive
  568  automated notifications of changes to the license and
  569  registration status of a vacation rental, including any license
  570  revocation, local registration revocation, period of suspension
  571  imposed by the division or local government, or failure to renew
  572  a license or local registration.
  573         Section 7. Subsection (11) is added to section 509.261,
  574  Florida Statutes, to read:
  575         509.261 Revocation or suspension of licenses; fines;
  576  procedure.—
  577         (11)(a) The division may revoke, refuse to issue or renew,
  578  or suspend for a period of not more than 30 days or the period
  579  of suspension as provided in s. 509.032(8) a license of a
  580  vacation rental for any of the following reasons:
  581         1. Operation of the subject premises violates the terms of
  582  an applicable lease or property restriction, including any
  583  property restriction adopted pursuant to chapter 718, chapter
  584  719, or chapter 720, as determined by a final order of a court
  585  of competent jurisdiction or a written decision by an arbitrator
  586  authorized to arbitrate a dispute relating to the subject
  587  premises and a lease or property restriction.
  588         2.Local registration of the vacation rental is suspended
  589  or revoked by a local government as provided in s. 509.032(8).
  590         3.The vacation rental premises and its owner are the
  591  subject of a final order or judgment lawfully directing the
  592  termination of the premises’ use as a vacation rental.
  593         (b) The division must specify the license number with the
  594  associated unique identifier of the vacation rental dwelling or
  595  unit which has been revoked, not renewed, or suspended and input
  596  such status in the vacation rental information system described
  597  in s. 509.244.
  598         (c) If the division suspends a license for the reason
  599  specified in subparagraph (a)2., the suspension must run
  600  concurrently with the local registration suspension.
  601         Section 8. For the 2024-2025 fiscal year, the sums of
  602  $327,170 in recurring funds and $53,645 in nonrecurring funds
  603  from the Hotel and Restaurant Trust Fund and $645,202 in
  604  recurring funds and $3,295,884 in nonrecurring funds from the
  605  Administrative Trust Fund are appropriated to the Department of
  606  Business and Professional Regulation, and nine full-time
  607  equivalent positions with a total associated salary rate of
  608  513,417 are authorized, for the purposes of implementing this
  609  act.
  610  
  611  ================= T I T L E  A M E N D M E N T ================
  612  And the title is amended as follows:
  613         Delete lines 20 - 129
  614  and insert:
  615         to charge a reasonable fee for processing registration
  616         applications; authorizing local laws, ordinances, or
  617         regulations to require annual renewal of a
  618         registration and to charge a reasonable fee for such
  619         renewal; providing that a change in ownership may
  620         require a new application for registration;
  621         authorizing local governments to charge a reasonable
  622         fee to inspect a vacation rental for a specified
  623         purpose; specifying requirements and procedures for,
  624         and limitations on, local vacation rental registration
  625         programs; authorizing local governments to fine
  626         vacation rental operators under certain circumstances;
  627         specifying procedures related to the imposition of
  628         fines; providing applicability relating to certain
  629         money judgment provisions; requiring local governments
  630         to issue a written notice of violation under certain
  631         circumstances; requiring the code enforcement board or
  632         special magistrate to make certain recommendations
  633         under specified circumstances; authorizing local
  634         governments to suspend a vacation rental registration
  635         for specified periods of time; prohibiting local
  636         governments from suspending a vacation rental
  637         registration for violations that are not directly
  638         related to the vacation rental premises; requiring
  639         local governments to provide notice of registration
  640         suspension, within a specified timeframe, to vacation
  641         rental operators and the Division of Hotels and
  642         Restaurants of the Department of Business and
  643         Professional Regulation; providing requirements for
  644         such notice; requiring, by a certain date, that local
  645         governments use the vacation rental information system
  646         to provide such notice to the division; providing that
  647         local governments may revoke or refuse to renew a
  648         vacation rental registration under certain
  649         circumstances; requiring local governments to provide
  650         notice of revocation of or refusal to renew a vacation
  651         rental registration to vacation rental operators and
  652         the division within a specified timeframe; requiring,
  653         by a certain date, local governments to use the
  654         vacation rental information system to provide such
  655         notice to the division; providing that vacation rental
  656         operators may appeal a denial, suspension, or
  657         revocation of, or a refusal to renew, the registration
  658         of a vacation rental; providing procedures for such
  659         appeal; providing construction; amending s. 509.241,
  660         F.S.; authorizing the division to issue temporary
  661         licenses upon receipt of vacation rental license
  662         applications while such applications are pending;
  663         providing for expiration of such licenses; requiring
  664         that any license issued by the division be
  665         conspicuously displayed to the public inside the
  666         licensed establishment; requiring that a vacation
  667         rental’s registration number, if applicable, be
  668         conspicuously displayed inside the vacation rental;
  669         requiring vacation rental operators managing a license
  670         classified as a vacation rental to submit local
  671         vacation rental registration numbers, if applicable,
  672         within a specified timeframe to the division through
  673         the division’s online system; requiring the division
  674         to assign a unique identifier on each vacation rental
  675         license which identifies each individual vacation
  676         rental dwelling or unit; creating s. 509.243, F.S.;
  677         requiring advertising platforms to require that
  678         persons placing advertisements or listings for
  679         vacation rentals include certain information in the
  680         advertisements or listings and attest to certain
  681         information; requiring advertising platforms to
  682         display certain information; requiring, as of a
  683         specified date, advertising platforms to verify
  684         certain information before publishing an advertisement
  685         or listing on their platforms, prohibit and remove
  686         from public view an advertisement or a listing under
  687         certain circumstances, and make certain notifications
  688         to the division; requiring advertising platforms to
  689         collect and remit specified taxes for certain
  690         transactions; authorizing the division to issue and
  691         deliver a notice to cease and desist for certain
  692         violations; providing that such notice does not
  693         constitute agency action for which certain hearings
  694         may be sought; authorizing the division to issue cease
  695         and desist notices in certain circumstances; providing
  696         that issuance of such notice does not constitute an
  697         agency action; authorizing the division to file
  698         certain proceedings for the purpose of enforcing a
  699         cease and desist notice; authorizing the division to
  700         collect attorney fees and costs under certain
  701         circumstances; authorizing the division to impose a
  702         fine on advertising platforms for certain violations;
  703         requiring the division to issue written notice of
  704         violations to advertising platforms before commencing
  705         certain legal proceedings; requiring advertising
  706         platforms to adopt an antidiscrimination policy and to
  707         inform their users of the policy’s provisions;
  708         providing construction; creating s. 509.244, F.S.;
  709         defining the term “application program interface”;
  710         requiring the division, by a specified date, to create
  711         and maintain a certain vacation rental information
  712         system; specifying requirements for the system;
  713         amending s. 509.261, F.S.; authorizing the division to
  714         revoke, refuse to issue or renew, or suspend vacation
  715         rental licenses under certain circumstances; requiring
  716         the division to specify the license number of the
  717         vacation rental dwelling or unit which has been
  718         revoked, not renewed, or suspended; requiring the
  719         department to input such status in the vacation rental
  720         information system; requiring that the division’s
  721         vacation rental license suspension run concurrently
  722         with a local vacation rental registration suspension;
  723         providing an appropriation;