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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
A bill to be entitled 1
An act relating to vacation rentals; amending s. 2
212.03, F.S.; requiring advertising platforms to 3
collect and remit taxes for certain transactions; 4
reordering and amending s. 509.013, F.S.; defining the 5
term "advertising platform"; amending s. 509.032, 6
F.S.; revising the regulated activities of public 7
lodging establishments and public food service 8
establishments preempted to the state to include 9
licensing; revising an exemption to the prohibition 10
against certain local regulation of vacation rentals; 11
expanding the authority of local laws, ordinances, or 12
regulations to include requiring vacation rentals to 13
register with local vacation rental registration 14
programs; authorizing local governments to adopt 15
vacation rental registration programs and impose fines 16
for failure to register; authorizing local governments 17
to charge fees for processing registration 18
applications; specifying requirements, procedures, and 19
limitations for local vacation rental registration 20
programs; authorizing local governments to terminate 21
or refuse to issue or renew vacation rental 22
registrations under certain circumstances; preempting 23
the regulation of advertising platforms to the state; 24
conforming a cross-reference; amending s. 509.241, 25
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
F.S.; requiring applications for vacation rental 26
licenses to include certain information; authorizing 27
the Division of Hotels and Restaurants of the 28
Department of Business and Professional Regulation to 29
issue temporary licenses upon receipt of vacation 30
rental license applications; providing for expiration 31
of temporary vacation rental licenses; requiring 32
licenses issued by the division to be displayed 33
conspicuously to the public inside the licensed 34
establishment; requiring the owner or operator of 35
certain vacation rentals to also display its vacation 36
rental license number and applicable local 37
registration number; creating s. 509.243, F.S.; 38
requiring advertising platforms to require that 39
persons placing advertisements for vacation rentals 40
include certain information in the advertisements and 41
attest to certain infor mation; requiring advertising 42
platforms to display and check such information; 43
requiring the division to maintain certain information 44
in a readily accessible electronic format by a certain 45
date; requiring advertising platforms to remove an 46
advertisement or listing under certain conditions and 47
within a specified timeframe; requiring advertising 48
platforms to collect and remit taxes for certain 49
transactions; authorizing the division to issue and 50
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deliver a notice to cease and desist for certain 51
violations; providing that such notice does not 52
constitute agency action for which certain hearings 53
may be sought; authorizing the division to file 54
certain proceedings; authorizing the division to seek 55
certain remedies for the purpose of enforcing a cease 56
and desist notice; authorizing the division to collect 57
attorney fees and costs under certain circumstances; 58
authorizing the division to impose a fine on 59
advertising platforms for certain violations; 60
requiring the division to issue written warnings or 61
notices before commen cing certain legal proceedings; 62
requiring advertising platforms to adopt an 63
antidiscrimination policy and to inform their users of 64
the policy's provisions; providing construction; 65
amending s. 509.261, F.S.; authorizing the division to 66
revoke, refuse to iss ue or renew, or suspend vacation 67
rental licenses under certain circumstances; amending 68
s. 775.21, F.S.; revising the definition of the term 69
"temporary residence"; amending ss. 159.27, 212.08, 70
316.1955, 404.056, 477.0135, 509.221, 553.5041, 71
559.955, 705.17, 705.185, 717.1355, and 877.24, F.S.; 72
conforming cross-references to changes made by the 73
act; providing applicability; authorizing the 74
Department of Revenue to adopt emergency rules; 75
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
providing requirements and an expiration for the 76
emergency rules; providi ng for the expiration of such 77
rulemaking authority; providing effective dates. 78
79
Be It Enacted by the Legislature of the State of Florida: 80
81
Section 1. Effective January 1, 2024, subsection (2) of 82
section 212.03, Florida Statutes, is amended to rea d: 83
212.03 Transient rentals tax; rate, procedure, 84
enforcement, exemptions. — 85
(2)(a) The tax provided for herein shall be in addition to 86
the total amount of the rental, shall be charged by the lessor 87
or person receiving the rent in and by said rental arr angement 88
to the lessee or person paying the rental, and shall be due and 89
payable at the time of the receipt of such rental payment by the 90
lessor or person, as defined in this chapter, who receives said 91
rental or payment. The owner, lessor, or person receiv ing the 92
rent shall remit the tax to the department at the times and in 93
the manner hereinafter provided for dealers to remit taxes under 94
this chapter. The same duties imposed by this chapter upon 95
dealers in tangible personal property respecting the collecti on 96
and remission of the tax; the making of returns; the keeping of 97
books, records, and accounts; and the compliance with the rules 98
and regulations of the department in the administration of this 99
chapter shall apply to and be binding upon all persons who 100
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manage or operate hotels, apartment houses, roominghouses, 101
tourist and trailer camps, and the rental of condominium units, 102
and to all persons who collect or receive such rents on behalf 103
of such owner or lessor taxable under this chapter. 104
(b) If a guest uses a payment system on or through an 105
advertising platform, as defined in s. 509.013, to pay for the 106
rental of a vacation rental located in this state, the 107
advertising platform shall collect and remit taxes as provided 108
in this paragraph. 109
1. An advertising platform, as defined in s. 509.013, 110
which owns, operates, or manages a vacation rental or which is 111
related within the meaning of ss. 267(b), 707(b), or 1504 of the 112
Internal Revenue Code of 1986, as amended, to a person who owns, 113
operates, or manages the va cation rental shall collect and remit 114
all taxes due under this section and ss. 125.0104, 125.0108, 115
212.0305, and 212.055 which are related to the rental. 116
2. An advertising platform to which subparagraph 1. does 117
not apply shall collect and remit all taxes due from the owner, 118
operator, or manager under this section and ss. 125.0104, 119
125.0108, 212.0305, and 212.055 which are related to the rental. 120
Of the total amount paid by the lessee or rentee, the amount 121
retained by the advertising platform for reservatio n or payment 122
service is not taxable under this section or ss. 125.0104, 123
125.0108, 212.0305, and 212.055. 124
125
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In order to facilitate the remittance of such taxes, the 126
counties that have elected to self -administer the taxes imposed 127
under chapter 125 must allow advertising platforms to register, 128
collect, and remit such taxes. 129
Section 2. Section 509.013, Florida Statutes, is amended 130
to read: 131
509.013 Definitions. —As used in this chapter, the term: 132
(1) "Advertising platform" means a person as defined in s. 133
1.01 who: 134
(a) Provides an online application, software, a website, 135
or a system through which a vacation rental located in this 136
state is advertised or held out to the public as available to 137
rent for transient occupancy; 138
(b) Provides or maintains a market place for the renting of 139
a vacation rental for transient occupancy; and 140
(c) Provides a reservation or payment system that 141
facilitates a transaction for the renting of a vacation rental 142
for transient occupancy and for which the person collects or 143
receives, directly or indirectly, a fee in connection with the 144
reservation or payment service provided for the rental 145
transaction. 146
(2) "Director" means the Director of the Division of 147
Hotels and Restaurants of the Department of Business and 148
Professional Regulation. 149
(3)(1) "Division" means the Division of Hotels and 150
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Restaurants of the Department of Business and Professional 151
Regulation. 152
(2) "Operator" means the owner, licensee, proprietor, 153
lessee, manager, assistant manager, or appointed agent of a 154
public lodging establishment or public food service 155
establishment. 156
(4)(3) "Guest" means any patron, customer, tenant, lodger, 157
boarder, or occupant of a public lodging establishment or public 158
food service establishment. 159
(5) "Nontransient" means a guest in n ontransient 160
occupancy. 161
(6) "Nontransient establishment" means any public lodging 162
establishment that is rented or leased to guests by an operator 163
whose intention is that the dwelling unit occupied will be the 164
sole residence of the guest. 165
(7) "Nontransient occupancy" means occupancy when it is 166
the intention of the parties that the occupancy will not be 167
temporary. There is a rebuttable presumption that, when the 168
dwelling unit occupied is the sole residence of the guest, the 169
occupancy is nontransient. 170
(8) "Operator" means the owner, licensee, proprietor, 171
lessee, manager, assistant manager, or appointed agent of a 172
public lodging establishment or public food service 173
establishment. 174
(4)(a) "Public lodging establishment" includes a transient 175
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public lodging establishment as defined in subparagraph 1. and a 176
nontransient public lodging establishment as defined in 177
subparagraph 2. 178
1. "Transient public lodging establishment" means any 179
unit, group of units, dwelling, building, or group of buildings 180
within a single complex of buildings which is rented to guests 181
more than three times in a calendar year for periods of less 182
than 30 days or 1 calendar month, whichever is less, or which is 183
advertised or held out to the public as a place regularly rented 184
to guests. 185
2. "Nontransient public lodging establishment" means any 186
unit, group of units, dwelling, building, or group of buildings 187
within a single complex of buildings which is rented to guests 188
for periods of at least 30 days or 1 calendar month, whichever 189
is less, or which is advertised or held out to the public as a 190
place regularly rented to guests for periods of at least 30 days 191
or 1 calendar month. License classifications of public lodging 192
establishments, and the definitions therefor, are set out in s. 193
509.242. For the purpose of licensure, the term does not include 194
condominium common elements as defined in s. 718.103. 195
(b) The following are excluded from the definitions in 196
paragraph (a): 197
1. Any dormitory or other living or sleeping facility 198
maintained by a public o r private school, college, or university 199
for the use of students, faculty, or visitors. 200
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2. Any facility certified or licensed and regulated by the 201
Agency for Health Care Administration or the Department of 202
Children and Families or other similar place reg ulated under s. 203
381.0072. 204
3. Any place renting four rental units or less, unless the 205
rental units are advertised or held out to the public to be 206
places that are regularly rented to transients. 207
4. Any unit or group of units in a condominium, 208
cooperative, or timeshare plan and any individually or 209
collectively owned one -family, two-family, three-family, or 210
four-family dwelling house or dwelling unit that is rented for 211
periods of at least 30 days or 1 calendar month, whichever is 212
less, and that is not adver tised or held out to the public as a 213
place regularly rented for periods of less than 1 calendar 214
month, provided that no more than four rental units within a 215
single complex of buildings are available for rent. 216
5. Any migrant labor camp or residential migr ant housing 217
permitted by the Department of Health under ss. 381.008 -218
381.00895. 219
6. Any establishment inspected by the Department of Health 220
and regulated by chapter 513. 221
7. Any nonprofit organization that operates a facility 222
providing housing only to pat ients, patients' families, and 223
patients' caregivers and not to the general public. 224
8. Any apartment building inspected by the United States 225
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Department of Housing and Urban Development or other entity 226
acting on the department's behalf that is designated p rimarily 227
as housing for persons at least 62 years of age. The division 228
may require the operator of the apartment building to attest in 229
writing that such building meets the criteria provided in this 230
subparagraph. The division may adopt rules to implement th is 231
requirement. 232
9. Any roominghouse, boardinghouse, or other living or 233
sleeping facility that may not be classified as a hotel, motel, 234
timeshare project, vacation rental, nontransient apartment, bed 235
and breakfast inn, or transient apartment under s. 509. 242. 236
(9)(a)(5)(a) "Public food service establishment" means any 237
building, vehicle, place, or structure, or any room or division 238
in a building, vehicle, place, or structure where food is 239
prepared, served, or sold for immediate consumption on or in the 240
vicinity of the premises; called for or taken out by customers; 241
or prepared before prior to being delivered to another location 242
for consumption. The term includes a culinary education program, 243
as defined in s. 381.0072(2), which offers, prepares, serves, or 244
sells food to the general public, regardless of whether it is 245
inspected by another state agency for compliance with sanitation 246
standards. 247
(b) The following are excluded from the definition in 248
paragraph (a): 249
1. Any place maintained and operated by a publ ic or 250
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
private school, college, or university: 251
a. For the use of students and faculty; or 252
b. Temporarily to serve such events as fairs, carnivals, 253
food contests, cook-offs, and athletic contests. 254
2. Any eating place maintained and operated by a church or 255
a religious, nonprofit fraternal, or nonprofit civic 256
organization: 257
a. For the use of members and associates; or 258
b. Temporarily to serve such events as fairs, carnivals, 259
food contests, cook-offs, or athletic contests. 260
261
Upon request by the division, a church or a religious, nonprofit 262
fraternal, or nonprofit civic organization claiming an exclusion 263
under this subparagraph must provide the division documentation 264
of its status as a church or a religious, nonprofit fraternal, 265
or nonprofit civic organizati on. 266
3. Any eating place maintained and operated by an 267
individual or entity at a food contest, cook -off, or a temporary 268
event lasting from 1 to 3 days which is hosted by a church or a 269
religious, nonprofit fraternal, or nonprofit civic organization. 270
Upon request by the division, the event host must provide the 271
division documentation of its status as a church or a religious, 272
nonprofit fraternal, or nonprofit civic organization. 273
4. Any eating place located on an airplane, train, bus, or 274
watercraft that which is a common carrier. 275
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
5. Any eating place maintained by a facility certified or 276
licensed and regulated by the Agency for Health Care 277
Administration or the Department of Children and Families or 278
other similar place that is regulated under s. 381.0072. 279
6. Any place of business issued a permit or inspected by 280
the Department of Agriculture and Consumer Services under s. 281
500.12. 282
7. Any place of business where the food available for 283
consumption is limited to ice, beverages with or without 284
garnishment, popcorn, or prepackaged items sold without 285
additions or preparation. 286
8. Any theater, if the primary use is as a theater and if 287
patron service is limited to food items customarily served to 288
the admittees of theaters. 289
9. Any vending machine that dispenses an y food or 290
beverages other than potentially hazardous foods, as defined by 291
division rule. 292
10. Any vending machine that dispenses potentially 293
hazardous food and which is located in a facility regulated 294
under s. 381.0072. 295
11. Any research and development test kitchen limited to 296
the use of employees and which is not open to the general 297
public. 298
(6) "Director" means the Director of the Division of 299
Hotels and Restaurants of the Department of Business and 300
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
Professional Regulation. 301
(10)(a) "Public lodging est ablishment" includes a 302
transient public lodging establishment as defined in 303
subparagraph 1. and a nontransient public lodging establishment 304
as defined in subparagraph 2. 305
1. "Transient public lodging establishment" means any 306
unit, group of units, dwelling, building, or group of buildings 307
within a single complex of buildings which is rented to guests 308
more than three times in a calendar year for periods of less 309
than 30 days or 1 calendar month, whichever is less, or which is 310
advertised or held out to the public as a place regularly rented 311
to guests. 312
2. "Nontransient public lodging establishment" means any 313
unit, group of units, dwelling, building, or group of buildings 314
within a single complex of buildings which is rented to guests 315
for periods of at least 30 days or 1 calendar month, whichever 316
is less, or which is advertised or held out to the public as a 317
place regularly rented to guests for periods of at least 30 days 318
or 1 calendar month. 319
320
License classifications of public lodging establishments, and 321
the definitions therefor, are set out in s. 509.242. For the 322
purpose of licensure, the term does not include condominium 323
common elements as defined in s. 718.103. 324
(b) The following are excluded from the definitions in 325
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
paragraph (a): 326
1. Any dormitory or other living or sleeping facility 327
maintained by a public or private school, college, or university 328
for the use of students, faculty, or visitors. 329
2. Any facility certified or licensed and regulated by the 330
Agency for Health Care Administration or the Dep artment of 331
Children and Families or other similar place regulated under s. 332
381.0072. 333
3. Any place renting four rental units or less, unless the 334
rental units are advertised or held out to the public to be 335
places that are regularly rented to transients. 336
4. Any unit or group of units in a condominium, 337
cooperative, or timeshare plan and any individually or 338
collectively owned one -family, two-family, three-family, or 339
four-family dwelling house or dwelling unit that is rented for 340
periods of at least 30 days or 1 calendar month, whichever is 341
less, and that is not advertised or held out to the public as a 342
place regularly rented for periods of less than 1 calendar 343
month, provided that no more than four rental units within a 344
single complex of buildings are availabl e for rent. 345
5. Any migrant labor camp or residential migrant housing 346
permitted by the Department of Health under ss. 381.008 -347
381.00895. 348
6. Any establishment inspected by the Department of Health 349
and regulated by chapter 513. 350
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
7. Any nonprofit organiza tion that operates a facility 351
providing housing only to patients, patients' families, and 352
patients' caregivers and not to the general public. 353
8. Any apartment building inspected by the United States 354
Department of Housing and Urban Development or other en tity 355
acting on the department's behalf that is designated primarily 356
as housing for persons at least 62 years of age. The division 357
may require the operator of the apartment building to attest in 358
writing that such building meets the criteria provided in this 359
subparagraph. The division may adopt rules to implement this 360
requirement. 361
9. Any roominghouse, boardinghouse, or other living or 362
sleeping facility that may not be classified as a hotel, motel, 363
timeshare project, vacation rental, nontransient apartment, bed 364
and breakfast inn, or transient apartment under s. 509.242. 365
(11)(7) "Single complex of buildings" means all buildings 366
or structures that are owned, managed, controlled, or operated 367
under one business name and are situated on the same tract or 368
plot of land that is not separated by a public street or 369
highway. 370
(12)(8) "Temporary food service event" means any event of 371
30 days or less in duration where food is prepared, served, or 372
sold to the general public. 373
(13)(9) "Theme park or entertainment complex" means a 374
complex comprised of at least 25 contiguous acres owned and 375
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controlled by the same business entity and which contains 376
permanent exhibitions and a variety of recreational activities 377
and has a minimum of 1 mill ion visitors annually. 378
(14)(10) "Third-party provider" means, for purposes of s. 379
509.049, any provider of an approved food safety training 380
program that provides training or such a training program to a 381
public food service establishment that is not under common 382
ownership or control with the provider. 383
(15) "Transient" means a guest in transient occupancy. 384
(16)(11) "Transient establishment" means any public 385
lodging establishment that is rented or leased to guests by an 386
operator whose intention is that su ch guests' occupancy will be 387
temporary. 388
(17)(12) "Transient occupancy" means occupancy when it is 389
the intention of the parties that the occupancy will be 390
temporary. There is a rebuttable presumption that, when the 391
dwelling unit occupied is not the sole r esidence of the guest, 392
the occupancy is transient. 393
(13) "Transient" means a guest in transient occupancy. 394
(14) "Nontransient establishment" means any public lodging 395
establishment that is rented or leased to guests by an operator 396
whose intention is that the dwelling unit occupied will be the 397
sole residence of the guest. 398
(15) "Nontransient occupancy" means occupancy when it is 399
the intention of the parties that the occupancy will not be 400
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temporary. There is a rebuttable presumption that, when the 401
dwelling unit occupied is the sole residence of the guest, the 402
occupancy is nontransient. 403
(16) "Nontransient" means a guest in nontransient 404
occupancy. 405
Section 3. Paragraph (c) of subsection (3) and paragraphs 406
(a) and (b) of subsection (7) of section 509.032, Florida 407
Statutes, are amended, and paragraph (d) is added to subsection 408
(7) of that section, to read: 409
509.032 Duties.— 410
(3) SANITARY STANDARDS; EMERGENCIES; TEMPORARY FOOD 411
SERVICE EVENTS.—The division shall: 412
(c) Administer a public notification proce ss for temporary 413
food service events and distribute educational materials that 414
address safe food storage, preparation, and service procedures. 415
1. Sponsors of temporary food service events shall notify 416
the division not less than 3 days before the schedule d event of 417
the type of food service proposed, the time and location of the 418
event, a complete list of food service vendors participating in 419
the event, the number of individual food service facilities each 420
vendor will operate at the event, and the identifica tion number 421
of each food service vendor's current license as a public food 422
service establishment or temporary food service event licensee. 423
Notification may be completed orally, by telephone, in person, 424
or in writing. A public food service establishment or food 425
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service vendor may not use this notification process to 426
circumvent the license requirements of this chapter. 427
2. The division shall keep a record of all notifications 428
received for proposed temporary food service events and shall 429
provide appropriate e ducational materials to the event sponsors 430
and notify the event sponsors of the availability of the food -431
recovery brochure developed under s. 595.420. 432
3.a. Unless excluded under s. 509.013 s. 509.013(5)(b), a 433
public food service establishment or other fo od service vendor 434
must obtain one of the following classes of license from the 435
division: an individual license, for a fee of no more than $105, 436
for each temporary food service event in which it participates; 437
or an annual license, for a fee of no more than $1,000, that 438
entitles the licensee to participate in an unlimited number of 439
food service events during the license period. The division 440
shall establish license fees, by rule, and may limit the number 441
of food service facilities a licensee may operate at a 442
particular temporary food service event under a single license. 443
b. Public food service establishments holding current 444
licenses from the division may operate under the regulations of 445
such a license at temporary food service events. 446
(7) PREEMPTION AUTHORI TY.— 447
(a) The regulation of public lodging establishments and 448
public food service establishments, including, but not limited 449
to, sanitation standards, licensing, inspections, training and 450
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testing of personnel, and matters related to the nutritional 451
content and marketing of foods offered in such establishments, 452
is preempted to the state. This paragraph does not preempt the 453
authority of a local government or local enforcement district to 454
conduct inspections of public lodging and public food service 455
establishments for compliance with the Florida Building Code and 456
the Florida Fire Prevention Code, pursuant to ss. 553.80 and 457
633.206. 458
(b)1. A local law, ordinance, or regulation may not 459
prohibit vacation rentals or regulate the duration or frequency 460
of rental of vacation rentals. This paragraph does not apply to 461
any local law, ordinance, or regulation adopted on or before 462
June 1, 2011, including when such law, ordinance, or regulation 463
is amended to be less restrictive or to comply with the local 464
registration requirements provided in this paragraph, or when a 465
law, ordinance, or regulation adopted after June 1, 2011, 466
regulates vacation rentals, if such law, ordinance, or 467
regulation is less restrictive than a law, ordinance, or 468
regulation that was in effect on June 1 , 2011. Notwithstanding 469
paragraph (a), a local law, ordinance, or regulation may require 470
the registration of vacation rentals with a local vacation 471
rental registration program. Local governments may adopt a 472
vacation rental registration program pursuant to subparagraph 3. 473
and impose a fine for failure to register under the vacation 474
rental registration program . 475
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2. Local governments may charge a fee of no more than $50 476
for processing an individual registration application or $100 477
for processing a collective registration application. A local 478
law, ordinance, or regulation may not require renewal of a 479
registration more than once per year. However, if there is a 480
change of ownership, the new owner may be required to submit a 481
new application for registration. 482
3. As a condition of registration, the local law, 483
ordinance, or regulation may only require the owner or operator 484
of a vacation rental to: 485
a. Submit identifying information about the owner or the 486
owner's agents and the subject vacation rental property. 487
b. Obtain a license as a transient public lodging 488
establishment issued by the division within 60 days after local 489
registration. 490
c. Obtain all required tax registrations, receipts, or 491
certificates issued by the Department of Revenue, a county, or a 492
municipal government. 493
d. Update required information on a continuing basis to 494
ensure it is current. 495
e. Comply with parking standards and solid waste handling 496
and containment requirements, so long as such standards and 497
requirements are not imposed solely on vac ation rentals. 498
f. Designate and maintain at all times a responsible party 499
who is capable of responding to complaints and other immediate 500
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problems related to the vacation rental, including being 501
available by telephone at a listed phone number. 502
g. Pay in full all recorded municipal or county code liens 503
against the subject property. The local government may withdraw 504
its acceptance of a registration on the basis of an unsatisfied 505
recorded municipal or county code lien. 506
4.a. Within 15 business days after r eceiving an 507
application for registration of a vacation rental, the local 508
government must review the application for completeness and 509
accept the registration of the vacation rental or issue a 510
written notice specifying with particularity any areas that are 511
deficient. Such notice may be provided by United States mail or 512
electronically. 513
b. The vacation rental owner or operator and the local 514
government may agree to a reasonable request to extend the 515
timeframes provided in this subparagraph, particularly in the 516
event of a force majeure or other extraordinary circumstance. 517
c. When a local government denies an application for 518
registration of a vacation rental, the local government must 519
give written notice to the applicant. Such notice may be 520
provided by United S tates mail or electronically. The notice 521
must specify with particularity the factual reasons for the 522
denial and include a citation to the applicable portions of an 523
ordinance, a rule, a statute, or other legal authority for the 524
denial of the registration. A local government may not deny any 525
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applicant from reapplying if the applicant cures the identified 526
deficiencies. 527
d. If the local government fails to accept or deny the 528
registration within the timeframes provided in this 529
subparagraph, the application is deemed accepted. 530
e. Upon an accepted registration of a vacation rental, a 531
local government shall assign a unique registration number to 532
the vacation rental or other indicia of registration and provide 533
the registration number or other indicia of registrat ion to the 534
owner or operator of the vacation rental in writing or 535
electronically. 536
5. The local government may terminate or refuse to issue 537
or renew a vacation rental registration when: 538
a. The operation of the subject premises violates a 539
registration requirement authorized pursuant to this paragraph 540
or a local law, ordinance, or regulation that does not apply 541
solely to vacation rentals; or 542
b. The premises and its owner are the subject of a final 543
order or judgment lawfully directing the termination of t he 544
premises' use as a vacation rental. 545
(d) The regulation of advertising platforms is preempted 546
to the state as provided in this chapter. 547
Section 4. Effective January 1, 2024, subsections (2) and 548
(3) of section 509.241, Florida Statutes, are amended to read: 549
509.241 Licenses required; exceptions. — 550
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(2) APPLICATION FOR LICENSE. —Each person who plans to open 551
a public lodging establishment or a public food service 552
establishment shall apply for and receive a license from the 553
division before prior to the commencement of operation. A 554
condominium association, as defined in s. 718.103, which does 555
not own any units classified as vacation rentals or timeshare 556
projects under s. 509.242(1)(c) or (g) is not required to apply 557
for or receive a public lodging estab lishment license. All 558
applications for a vacation rental license must, if applicable, 559
include the local registration number or other proof of 560
registration required by local law, ordinance, or regulation. 561
Upon receiving an application for a vacation rental license, the 562
division may grant a temporary license that authorizes the 563
vacation rental to begin operation while the application is 564
pending and to post the information required under s. 565
509.243(1)(c). The temporary license automatically expires upon 566
final agency action regarding the license application. 567
(3) DISPLAY OF LICENSE. —Any license issued by the division 568
must shall be conspicuously displayed to the public inside in 569
the office or lobby of the licensed establishment. Public food 570
service establishment s that which offer catering services must 571
shall display their license number on all advertising for 572
catering services. The owner or operator of a vacation rental 573
offered for transient occupancy through an advertising platform 574
must also display the vacation rental license number and, if 575
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applicable, the local registration number. 576
Section 5. Effective January 1, 2024, section 509.243, 577
Florida Statutes, is created to read: 578
509.243 Advertising platforms. — 579
(1)(a) An advertising platform must require that a person 580
who places an advertisement for the rental of a vacation rental: 581
1. Include in the advertisement the vacation rental 582
license number and, if applicable, the local registration 583
number; and 584
2. Attest to the best of the person's knowledge that the 585
license number for the vacation rental property and the local 586
registration are current, valid, and accurately stated in the 587
advertisement. 588
(b) An advertising platform must display the vacation 589
rental license number and, if applicable, the local registra tion 590
number. Effective July 1, 2024, the advertising platform must 591
check that the vacation rental license number provided by the 592
owner or operator appears as current in the information posted 593
by the division pursuant to paragraph (c) and applies to the 594
subject vacation rental before publishing the advertisement on 595
its platform and again at the end of each calendar quarter that 596
the advertisement remains on its platform. 597
(c) By July 1, 2024, the division shall maintain vacation 598
rental license information in a readily accessible electronic 599
format that is sufficient to facilitate prompt compliance with 600
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the requirements of this subsection by an advertising platform 601
or a person placing an advertisement on an advertising platform 602
for transient rental of a vacatio n rental. 603
(2) An advertising platform must remove from public view 604
an advertisement or a listing from its online application, 605
software, website, or system within 15 business days after being 606
notified by the division in writing that the subject 607
advertisement or listing for the rental of a vacation rental 608
located in this state fails to display a valid license number 609
issued by the division. 610
(3) If a guest uses a payment system on or through an 611
advertising platform to pay for the rental of a vacation rental 612
located in this state, the advertising platform must collect and 613
remit all taxes due under ss. 125.0104, 125.0108, 205.044, 614
212.03, 212.0305, and 212.055 related to the rental as provided 615
in s. 212.03(2)(b). 616
(4) If the division has probable cause to bel ieve that a 617
person not licensed by the division has violated this chapter or 618
any rule adopted pursuant thereto, the division may issue and 619
deliver to such person a notice to cease and desist from the 620
violation. The issuance of a notice to cease and desist does not 621
constitute agency action for which a hearing under s. 120.569 or 622
s. 120.57 may be sought. For the purpose of enforcing a cease 623
and desist notice, the division may file a proceeding in the 624
name of the state seeking the issuance of an injunction or a 625
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writ of mandamus against any person who violates any provision 626
of the notice. If the division is required to seek enforcement 627
of the notice for a penalty pursuant to s. 120.69, it is 628
entitled to collect attorney fees and costs, together with any 629
cost of collection. 630
(5) The division may fine an advertising platform an 631
amount not to exceed $1,000 per offense for violations of this 632
section or of the rules of the division. For the purposes of 633
this subsection, the division may regard as a separate offense 634
each day or portion of a day in which an advertising platform is 635
operated in violation of this section or rules of the division. 636
The division shall issue a written warning or notice and provide 637
the advertising platform 15 days to cure a violation before 638
commencing any legal proceeding under subsection (4). 639
(6) Advertising platforms shall adopt an 640
antidiscrimination policy to help prevent discrimination among 641
their users and shall inform all users of their services that it 642
is illegal to refuse accommodation to an individual based on 643
race, creed, color, sex, pregnancy, physical disability, or 644
national origin pursuant to s. 509.092. 645
(7) Advertising platforms that comply with the 646
requirements of this section are deemed to be in compliance with 647
the requirements of this chapter. This section does not create 648
and is not intended to create a private cause of action against 649
advertising platforms. An advertising platform may not be held 650
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liable for any action it takes voluntarily in good faith in 651
relation to its users to comply with this chapter or the 652
advertising platform's terms of service. 653
Section 6. Subsections (10) and (11) are added to section 654
509.261, Florida Statutes, to read: 655
509.261 Revocation or suspension of licenses; fines; 656
procedure.— 657
(10) The division may revoke, refuse to issue or renew, or 658
suspend for a period of not more than 30 days a vacation rental 659
license when: 660
(a) The operation of the subject premises violates the 661
terms of an applicable lease or property restriction, including 662
any property restriction adopted pursuant to chapter 718, 663
chapter 719, or chapter 720, as determined by a final order of a 664
court of competent jurisdiction or a written decision by an 665
arbitrator authorized to arbitrate a dispute relating to the 666
subject property and a lease or property restriction; 667
(b) The owner or operator fails to provide proof of 668
registration, if required by local law, ordinance, or 669
regulation; 670
(c) The registration of the vacation rental is terminated 671
by a local government as provided in s. 5 09.032(7)(b)5.; or 672
(d) The premises and its owner are the subject of a final 673
order or judgment lawfully directing the termination of the 674
premises' use as a vacation rental. 675
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(11) The division may suspend, for a period of not more 676
than 30 days, a vacatio n rental license when the owner or 677
operator has been found by the code enforcement board, pursuant 678
to s. 162.06, to have two or more code violations related to the 679
vacation rental during a period of 90 days. The division shall 680
issue a written warning or no tice and provide an opportunity to 681
cure a violation before commencing any legal proceeding under 682
this subsection. 683
Section 7. Paragraph (n) of subsection (2) of section 684
775.21, Florida Statutes, is amended to read: 685
775.21 The Florida Sexual Predators Act.— 686
(2) DEFINITIONS.—As used in this section, the term: 687
(n) "Temporary residence" means a place where the person 688
abides, lodges, or resides, including, but not limited to, 689
vacation, business, or personal travel destinations in or out of 690
this state, for a period of 3 or more days in the aggregate 691
during any calendar year and which is not the person's permanent 692
address or, for a person whose permanent residence is not in 693
this state, a place where the person is employed, practices a 694
vocation, or is enrol led as a student for any period of time in 695
this state. The term also includes a vacation rental, as defined 696
in s. 509.242(1)(c), where a person lodges for 24 hours or more. 697
Section 8. Subsection (12) of section 159.27, Florida 698
Statutes, is amended to r ead: 699
159.27 Definitions. —The following words and terms, unless 700
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the context clearly indicates a different meaning, shall have 701
the following meanings: 702
(12) "Public lodging or restaurant facility" means 703
property used for any public lodging establishment a s defined in 704
s. 509.242 or public food service establishment as defined in s. 705
509.013 s. 509.013(5) if it is part of the complex of, or 706
necessary to, another facility qualifying under this part. 707
Section 9. Paragraph (jj) of subsection (7) of section 708
212.08, Florida Statutes, is amended to read: 709
212.08 Sales, rental, use, consumption, distribution, and 710
storage tax; specified exemptions. —The sale at retail, the 711
rental, the use, the consumption, the distribution, and the 712
storage to be used or consumed in this state of the following 713
are hereby specifically exempt from the tax imposed by this 714
chapter. 715
(7) MISCELLANEOUS EXEMPTIONS. —Exemptions provided to any 716
entity by this chapter do not inure to any transaction that is 717
otherwise taxable under this chapter when payment is made by a 718
representative or employee of the entity by any means, 719
including, but not limited to, cash, check, or credit card, even 720
when that representative or employee is subsequently reimbursed 721
by the entity. In addition, exemptions provid ed to any entity by 722
this subsection do not inure to any transaction that is 723
otherwise taxable under this chapter unless the entity has 724
obtained a sales tax exemption certificate from the department 725
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or the entity obtains or provides other documentation as 726
required by the department. Eligible purchases or leases made 727
with such a certificate must be in strict compliance with this 728
subsection and departmental rules, and any person who makes an 729
exempt purchase with a certificate that is not in strict 730
compliance with this subsection and the rules is liable for and 731
shall pay the tax. The department may adopt rules to administer 732
this subsection. 733
(jj) Complimentary meals. —Also exempt from the tax imposed 734
by this chapter are food or drinks that are furnished as part of 735
a packaged room rate by any person offering for rent or lease 736
any transient living accommodations as described in s. 509.013 737
s. 509.013(4)(a) which are licensed under part I of chapter 509 738
and which are subject to the tax under s. 212.03, if a separate 739
charge or specific amount for the food or drinks is not shown. 740
Such food or drinks are considered to be sold at retail as part 741
of the total charge for the trans ient living accommodations. 742
Moreover, the person offering the accommodations is not 743
considered to be the consumer of items purchased in furnishing 744
such food or drinks and may purchase those items under 745
conditions of a sale for resale. 746
Section 10. Paragraph (b) of subsection (4) of section 747
316.1955, Florida Statutes, is amended to read: 748
316.1955 Enforcement of parking requirements for persons 749
who have disabilities. — 750
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(4) 751
(b) Notwithstanding paragraph (a), a theme park or an 752
entertainment complex as d efined in s. 509.013 s. 509.013(9) 753
which provides parking in designated areas for persons who have 754
disabilities may allow any vehicle that is transporting a person 755
who has a disability to remain parked in a space reserved for 756
persons who have disabilities throughout the period the theme 757
park is open to the public for that day. 758
Section 11. Subsection (5) of section 404.056, Florida 759
Statutes, is amended to read: 760
404.056 Environmental radiation standards and projects; 761
certification of persons performing measurement or mitigation 762
services; mandatory testing; notification on real estate 763
documents; rules.— 764
(5) NOTIFICATION ON REAL ESTATE DOCUMENTS. —Notification 765
shall be provided on at least one document, form, or application 766
executed at the time of, or before prior to, contract for sale 767
and purchase of any building or execution of a rental agreement 768
for any building. Such notification must shall contain the 769
following language: 770
771
"RADON GAS: Radon is a naturally occurring radioactive gas 772
that, when it has ac cumulated in a building in sufficient 773
quantities, may present health risks to persons who are exposed 774
to it over time. Levels of radon that exceed federal and state 775
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guidelines have been found in buildings in Florida. Additional 776
information regarding radon and radon testing may be obtained 777
from your county health department." 778
779
The requirements of this subsection do not apply to any 780
residential transient occupancy, as described in s. 509.013 s. 781
509.013(12), provided that such occupancy is 45 days or less in 782
duration. 783
Section 12. Subsection (6) of section 477.0135, Florida 784
Statutes, is amended to read: 785
477.0135 Exemptions. — 786
(6) A license is not required of any individual providing 787
makeup or special effects services in a theme park or 788
entertainment complex to an actor, stunt person, musician, 789
extra, or other talent, or providing makeup or special effects 790
services to the gener al public. The term "theme park or 791
entertainment complex" has the same meaning as in s. 509.013 s. 792
509.013(9). 793
Section 13. Paragraph (b) of subsection (2) of section 794
509.221, Florida Statutes, is amended to read: 795
509.221 Sanitary regulations. — 796
(2) 797
(b) Within a theme park or entertainment complex as 798
defined in s. 509.013 s. 509.013(9), the bathrooms are not 799
required to be in the same building as the public food service 800
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establishment, so long as they are reasonably accessible. 801
Section 14. Paragra ph (b) of subsection (5) of section 802
553.5041, Florida Statutes, is amended to read: 803
553.5041 Parking spaces for persons who have 804
disabilities.— 805
(5) Accessible perpendicular and diagonal accessible 806
parking spaces and loading zones must be designed and l ocated to 807
conform to ss. 502 and 503 of the standards. 808
(b) If there are multiple entrances or multiple retail 809
stores, the parking spaces must be dispersed to provide parking 810
at the nearest accessible entrance. If a theme park or an 811
entertainment complex as defined in s. 509.013 s. 509.013(9) 812
provides parking in several lots or areas from which access to 813
the theme park or entertainment complex is provided, a single 814
lot or area may be designated for parking by persons who have 815
disabilities, if the lot or ar ea is located on the shortest 816
accessible route to an accessible entrance to the theme park or 817
entertainment complex or to transportation to such an accessible 818
entrance. 819
Section 15. Paragraph (b) of subsection (5) of section 820
559.955, Florida Statutes, i s amended to read: 821
559.955 Home-based businesses; local government 822
restrictions.— 823
(5) The application of this section does not supersede: 824
(b) Local laws, ordinances, or regulations related to 825
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transient public lodging establishments, as defined in s. 826
509.013 s. 509.013(4)(a)1., that are not otherwise preempted 827
under chapter 509. 828
Section 16. Subsection (2) of section 705.17, Florida 829
Statutes, is amended to read: 830
705.17 Exceptions.— 831
(2) Sections 705.1015 -705.106 do not apply to any personal 832
property lost or abandoned on premises located within a theme 833
park or entertainment complex, as defined in s. 509.013 s. 834
509.013(9), or operated as a zoo, a museum, or an aquarium, or 835
on the premises of a public food service establishment or a 836
public lodging establishment licensed under part I of chapter 837
509, if the owner or operator of such premises elects to comply 838
with s. 705.185. 839
Section 17. Section 705.185, Florida Statutes, is amended 840
to read: 841
705.185 Disposal of personal property lost or abandoned o n 842
the premises of certain facilities. —When any lost or abandoned 843
personal property is found on premises located within a theme 844
park or entertainment complex, as defined in s. 509.013 s. 845
509.013(9), or operated as a zoo, a museum, or an aquarium, or 846
on the premises of a public food service establishment or a 847
public lodging establishment licensed under part I of chapter 848
509, if the owner or operator of such premises elects to comply 849
with this section, any lost or abandoned property must be 850
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delivered to such owner or operator, who must take charge of the 851
property and make a record of the date such property was found. 852
If the property is not claimed by its owner within 30 days after 853
it is found, or a longer period of time as may be deemed 854
appropriate by the owner or operator of the premises, the owner 855
or operator of the premises may not sell and must dispose of the 856
property or donate it to a charitable institution that is exempt 857
from federal income tax under s. 501(c)(3) of the Internal 858
Revenue Code for sale or ot her disposal as the charitable 859
institution deems appropriate. The rightful owner of the 860
property may reclaim the property from the owner or operator of 861
the premises at any time before the disposal or donation of the 862
property in accordance with this section and the established 863
policies and procedures of the owner or operator of the 864
premises. A charitable institution that accepts an electronic 865
device, as defined in s. 815.03(9), access to which is not 866
secured by a password or other personal identification 867
technology, shall make a reasonable effort to delete all 868
personal data from the electronic device before its sale or 869
disposal. 870
Section 18. Section 717.1355, Florida Statutes, is amended 871
to read: 872
717.1355 Theme park and entertainment complex tickets. —873
This chapter does not apply to any tickets for admission to a 874
theme park or entertainment complex as defined in s. 509.013 s. 875
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509.013(9), or to any tickets to a permanent exhibition or 876
recreational activity within such theme park or entertainment 877
complex. 878
Section 19. Subsection (8) of section 877.24, Florida 879
Statutes, is amended to read: 880
877.24 Nonapplication of s. 877.22. —Section 877.22 does 881
not apply to a minor who is: 882
(8) Attending an organized event held at and sponsored by 883
a theme park or entertai nment complex as defined in s. 509.013 884
s. 509.013(9). 885
Section 20. The application of this act does not supersede 886
any current or future declaration or declaration of condominium 887
adopted pursuant to chapter 718, Florida Statutes, cooperative 888
document adopted pursuant to chapter 719, Florida Statutes, or 889
declaration or declaration of covenant adopted pursuant to 890
chapter 720, Florida Statutes. 891
Section 21. (1) The Department of Revenue is authorized, 892
and all conditions are deemed to be met, to adopt eme rgency 893
rules pursuant to s. 120.54(4), Florida Statutes, for the 894
purpose of implementing s. 212.03, Florida Statutes, including 895
establishing procedures to facilitate the remittance of taxes. 896
(2) Notwithstanding any other law, emergency rules adopted 897
pursuant to subsection (1) are effective for 6 months after 898
adoption and may be renewed during the pendency of procedures to 899
adopt permanent rules addressing the subject of the emergency 900
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rules. 901
(3) This section expires January 1, 2026. 902
Section 22. Except as otherwise expressly provided in this 903
act, this act shall take effect upon becoming a law. 904