FL
Florida House Bill H0833

Florida 2023 Regular Session

Florida House Bill H0833 Compare Versions

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1010 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
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1414 A bill to be entitled 1
1515 An act relating to vacation rentals; amending s. 2
1616 212.03, F.S.; requiring advertising platforms to 3
1717 collect and remit taxes for certain transactions; 4
1818 reordering and amending s. 509.013, F.S.; defining the 5
1919 term "advertising platform"; amending s. 509.032, 6
2020 F.S.; revising the regulated activities of public 7
2121 lodging establishments and public food service 8
2222 establishments preempted to the state to include 9
2323 licensing; revising an exemption to the prohibition 10
2424 against certain local regulation of vacation rentals; 11
2525 expanding the authority of local laws, ordinances, or 12
2626 regulations to include requiring vacation rentals to 13
2727 register with local vacation rental registration 14
2828 programs; authorizing local governments to adopt 15
29-vacation rental registration programs; providing 16
30-construction; authorizing local governments to charge 17
31-fees for processing registration applications; 18
32-specifying requirements, procedures, and limitations 19
33-for local vacation rental registration programs; 20
34-preempting the regulation of advertising platforms to 21
35-the state; conforming a cross -reference; amending s. 22
36-509.241, F.S.; requiring applications for vacation 23
37-rental licenses to include certain information; 24
38-authorizing the Division of Hotels and Restaurants of 25
29+vacation rental registration programs and impose fines 16
30+for failure to register; authorizing local governments 17
31+to charge fees for processing registration 18
32+applications; specifying requirements, procedures, and 19
33+limitations for local vacation rental registration 20
34+programs; authorizing local governments to terminate 21
35+or refuse to issue or renew vacation rental 22
36+registrations under certain circumstances; preempting 23
37+the regulation of advertising platforms to the state; 24
38+conforming a cross-reference; amending s. 509.241, 25
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4747 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
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51-the Department of Business and Professional Regulation 26
52-to issue temporary licenses upon receipt of vacation 27
53-rental license applications; providing for expiration 28
54-of temporary vacation rental licenses; requiring 29
55-licenses issued by the division to be displayed 30
56-conspicuously to the public inside the licensed 31
57-establishment; requiring the owner or operator of 32
58-certain vacation rentals to also display its vacation 33
59-rental license number and applicable local 34
60-registration number; creating s. 509.243, F.S.; 35
61-requiring advertising platforms to require that 36
62-persons placing adve rtisements for vacation rentals 37
63-include certain information in the advertisements and 38
64-attest to certain information; requiring advertising 39
65-platforms to display and check such information; 40
66-requiring the division to maintain certain information 41
67-in a readily accessible electronic format by a certain 42
68-date; requiring advertising platforms to remove an 43
69-advertisement or listing under certain conditions and 44
70-within a specified timeframe; requiring advertising 45
71-platforms to collect and remit taxes for certain 46
72-transactions; authorizing the division to issue and 47
73-deliver a notice to cease and desist for certain 48
74-violations; providing that such notice does not 49
75-constitute agency action for which certain hearings 50
51+F.S.; requiring applications for vacation rental 26
52+licenses to include certain information; authorizing 27
53+the Division of Hotels and Restaurants of the 28
54+Department of Business and Professional Regulation to 29
55+issue temporary licenses upon receipt of vacation 30
56+rental license applications; providing for expiration 31
57+of temporary vacation rental licenses; requiring 32
58+licenses issued by the division to be displayed 33
59+conspicuously to the public inside the licensed 34
60+establishment; requiring the owner or operator of 35
61+certain vacation rentals to also display its vacation 36
62+rental license number and applicable local 37
63+registration number; creating s. 509.243, F.S.; 38
64+requiring advertising platforms to require that 39
65+persons placing advertisements for vacation rentals 40
66+include certain information in the advertisements and 41
67+attest to certain infor mation; requiring advertising 42
68+platforms to display and check such information; 43
69+requiring the division to maintain certain information 44
70+in a readily accessible electronic format by a certain 45
71+date; requiring advertising platforms to remove an 46
72+advertisement or listing under certain conditions and 47
73+within a specified timeframe; requiring advertising 48
74+platforms to collect and remit taxes for certain 49
75+transactions; authorizing the division to issue and 50
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8484 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
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88-may be sought; authorizing the division to file 51
89-certain proceedings; authorizing the division to seek 52
90-certain remedies for the purpose of enforcing a cease 53
91-and desist notice; authorizing the division to collect 54
92-attorney fees and costs under certain circumstances; 55
93-authorizing the division to impose a fine on 56
94-advertising platforms for certain violations; 57
95-requiring the division to issue written warnings or 58
96-notices before commencing certain legal proceedings; 59
97-requiring advertising platforms to adopt an 60
98-antidiscrimination policy and to inform their users of 61
99-the policy's provisions; providing construction; 62
100-amending s. 509.261, F.S.; authorizing the division to 63
101-revoke, refuse to issue or renew, or suspend vacation 64
102-rental licenses under certain circumstances; amending 65
103-s. 775.21, F.S.; revising the definition of the term 66
104-"temporary residence"; amending ss. 159.27, 212.08, 67
105-316.1955, 404.056, 477.0135, 509.221, 553.5041, 68
106-559.955, 705.17, 705.185, 717.1355, and 877.24, F.S.; 69
107-conforming cross-references to changes made by the 70
108-act; providing applicability; authorizing the 71
109-Department of Revenue to adopt emergency rules; 72
110-providing requirements and an expiration for the 73
111-emergency rules; providing for the expiration of such 74
112-rulemaking authority; providing effective dates. 75
88+deliver a notice to cease and desist for certain 51
89+violations; providing that such notice does not 52
90+constitute agency action for which certain hearings 53
91+may be sought; authorizing the division to file 54
92+certain proceedings; authorizing the division to seek 55
93+certain remedies for the purpose of enforcing a cease 56
94+and desist notice; authorizing the division to collect 57
95+attorney fees and costs under certain circumstances; 58
96+authorizing the division to impose a fine on 59
97+advertising platforms for certain violations; 60
98+requiring the division to issue written warnings or 61
99+notices before commen cing certain legal proceedings; 62
100+requiring advertising platforms to adopt an 63
101+antidiscrimination policy and to inform their users of 64
102+the policy's provisions; providing construction; 65
103+amending s. 509.261, F.S.; authorizing the division to 66
104+revoke, refuse to iss ue or renew, or suspend vacation 67
105+rental licenses under certain circumstances; amending 68
106+s. 775.21, F.S.; revising the definition of the term 69
107+"temporary residence"; amending ss. 159.27, 212.08, 70
108+316.1955, 404.056, 477.0135, 509.221, 553.5041, 71
109+559.955, 705.17, 705.185, 717.1355, and 877.24, F.S.; 72
110+conforming cross-references to changes made by the 73
111+act; providing applicability; authorizing the 74
112+Department of Revenue to adopt emergency rules; 75
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121121 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
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125- 76
126-Be It Enacted by the Legislature of the State of Florida: 77
127- 78
128- Section 1. Effective January 1, 2024, subsection (2) of 79
129-section 212.03, Florida Statutes, is amended to read: 80
130- 212.03 Transient rentals tax; rate, procedure, 81
131-enforcement, exemptions. — 82
132- (2)(a) The tax provided for herein shall be in addition to 83
133-the total amount of the rental, shall be charged by the lessor 84
134-or person receiving the rent in and by said rental arrangement 85
135-to the lessee or person paying the rental, and shall be due and 86
136-payable at the time of the receipt of such rental payment by the 87
137-lessor or person, as defined in this chapter, who receives said 88
138-rental or payment. The owner, lessor, or person receiving the 89
139-rent shall remit the tax to the department at the times and in 90
140-the manner hereinafter provided for dealers to remit taxes under 91
141-this chapter. The same duties imposed by this chapter upon 92
142-dealers in tangible personal property respecting the collection 93
143-and remission of the tax; the making of returns; the keeping of 94
144-books, records, and accounts; and the compliance with the rules 95
145-and regulations of the department in the administration of this 96
146-chapter shall apply to and be binding upon all persons who 97
147-manage or operate hotels, apartment houses, roominghouses, 98
148-tourist and trailer camps, and the rental of condominium units, 99
149-and to all persons who col lect or receive such rents on behalf 100
125+providing requirements and an expiration for the 76
126+emergency rules; providi ng for the expiration of such 77
127+rulemaking authority; providing effective dates. 78
128+ 79
129+Be It Enacted by the Legislature of the State of Florida: 80
130+ 81
131+ Section 1. Effective January 1, 2024, subsection (2) of 82
132+section 212.03, Florida Statutes, is amended to rea d: 83
133+ 212.03 Transient rentals tax; rate, procedure, 84
134+enforcement, exemptions. — 85
135+ (2)(a) The tax provided for herein shall be in addition to 86
136+the total amount of the rental, shall be charged by the lessor 87
137+or person receiving the rent in and by said rental arr angement 88
138+to the lessee or person paying the rental, and shall be due and 89
139+payable at the time of the receipt of such rental payment by the 90
140+lessor or person, as defined in this chapter, who receives said 91
141+rental or payment. The owner, lessor, or person receiv ing the 92
142+rent shall remit the tax to the department at the times and in 93
143+the manner hereinafter provided for dealers to remit taxes under 94
144+this chapter. The same duties imposed by this chapter upon 95
145+dealers in tangible personal property respecting the collecti on 96
146+and remission of the tax; the making of returns; the keeping of 97
147+books, records, and accounts; and the compliance with the rules 98
148+and regulations of the department in the administration of this 99
149+chapter shall apply to and be binding upon all persons who 100
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158158 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
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162-of such owner or lessor taxable under this chapter. 101
163- (b) If a guest uses a payment system on or through an 102
164-advertising platform, as defined in s. 509.013, to pay for the 103
165-rental of a vacation rental located in this stat e, the 104
166-advertising platform shall collect and remit taxes as provided 105
167-in this paragraph. 106
168- 1. An advertising platform, as defined in s. 509.013, 107
169-which owns, operates, or manages a vacation rental or which is 108
170-related within the meaning of ss. 267(b), 707(b) , or 1504 of the 109
171-Internal Revenue Code of 1986, as amended, to a person who owns, 110
172-operates, or manages the vacation rental shall collect and remit 111
173-all taxes due under this section and ss. 125.0104, 125.0108, 112
174-212.0305, and 212.055 which are related to the r ental. 113
175- 2. An advertising platform to which subparagraph 1. does 114
176-not apply shall collect and remit all taxes due from the owner, 115
177-operator, or manager under this section and ss. 125.0104, 116
178-125.0108, 212.0305, and 212.055 which are related to the rental. 117
179-Of the total amount paid by the lessee or rentee, the amount 118
180-retained by the advertising platform for reservation or payment 119
181-service is not taxable under this section or ss. 125.0104, 120
182-125.0108, 212.0305, and 212.055. 121
183- 122
184-In order to facilitate the remittance of such taxes, the 123
185-counties that have elected to self -administer the taxes imposed 124
186-under chapter 125 must allow advertising platforms to register, 125
162+manage or operate hotels, apartment houses, roominghouses, 101
163+tourist and trailer camps, and the rental of condominium units, 102
164+and to all persons who collect or receive such rents on behalf 103
165+of such owner or lessor taxable under this chapter. 104
166+ (b) If a guest uses a payment system on or through an 105
167+advertising platform, as defined in s. 509.013, to pay for the 106
168+rental of a vacation rental located in this state, the 107
169+advertising platform shall collect and remit taxes as provided 108
170+in this paragraph. 109
171+ 1. An advertising platform, as defined in s. 509.013, 110
172+which owns, operates, or manages a vacation rental or which is 111
173+related within the meaning of ss. 267(b), 707(b), or 1504 of the 112
174+Internal Revenue Code of 1986, as amended, to a person who owns, 113
175+operates, or manages the va cation rental shall collect and remit 114
176+all taxes due under this section and ss. 125.0104, 125.0108, 115
177+212.0305, and 212.055 which are related to the rental. 116
178+ 2. An advertising platform to which subparagraph 1. does 117
179+not apply shall collect and remit all taxes due from the owner, 118
180+operator, or manager under this section and ss. 125.0104, 119
181+125.0108, 212.0305, and 212.055 which are related to the rental. 120
182+Of the total amount paid by the lessee or rentee, the amount 121
183+retained by the advertising platform for reservatio n or payment 122
184+service is not taxable under this section or ss. 125.0104, 123
185+125.0108, 212.0305, and 212.055. 124
186+ 125
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195195 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
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199-collect, and remit such taxes. 126
200- Section 2. Section 509.013, Florida Statutes, is amended 127
201-to read: 128
202- 509.013 Definitions.—As used in this chapter, the term: 129
203- (1) "Advertising platform" means a person as defined in s. 130
204-1.01 who: 131
205- (a) Provides an online application, software, a website, 132
206-or a system through which a vacation rental located in this 133
207-state is advertised or held out to the public as available to 134
208-rent for transient occupancy; 135
209- (b) Provides or maintains a marketplace for the renting of 136
210-a vacation rental for transient occupancy; and 137
211- (c) Provides a reservation or payment system that 138
212-facilitates a transaction for the renting of a vacation rental 139
213-for transient occupancy and for which the person collects or 140
214-receives, directly or indirectly, a fee in connection with the 141
215-reservation or payment service provided for the rental 142
216-transaction. 143
217- (2) "Director" means the Director of the Division of 144
218-Hotels and Restaurants of the Department of Business and 145
219-Professional Regulation. 146
220- (3)(1) "Division" means the Division of Hotels and 147
221-Restaurants of the Department of Business and Professional 148
222-Regulation. 149
223- (2) "Operator" means the owner, licensee, proprietor, 150
199+In order to facilitate the remittance of such taxes, the 126
200+counties that have elected to self -administer the taxes imposed 127
201+under chapter 125 must allow advertising platforms to register, 128
202+collect, and remit such taxes. 129
203+ Section 2. Section 509.013, Florida Statutes, is amended 130
204+to read: 131
205+ 509.013 Definitions. —As used in this chapter, the term: 132
206+ (1) "Advertising platform" means a person as defined in s. 133
207+1.01 who: 134
208+ (a) Provides an online application, software, a website, 135
209+or a system through which a vacation rental located in this 136
210+state is advertised or held out to the public as available to 137
211+rent for transient occupancy; 138
212+ (b) Provides or maintains a market place for the renting of 139
213+a vacation rental for transient occupancy; and 140
214+ (c) Provides a reservation or payment system that 141
215+facilitates a transaction for the renting of a vacation rental 142
216+for transient occupancy and for which the person collects or 143
217+receives, directly or indirectly, a fee in connection with the 144
218+reservation or payment service provided for the rental 145
219+transaction. 146
220+ (2) "Director" means the Director of the Division of 147
221+Hotels and Restaurants of the Department of Business and 148
222+Professional Regulation. 149
223+ (3)(1) "Division" means the Division of Hotels and 150
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232232 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
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236-lessee, manager, assistant manager, or appointed agent of a 151
237-public lodging establishment or public food service 152
238-establishment. 153
239- (4)(3) "Guest" means any patron, customer, tenant, lodger, 154
240-boarder, or occupant o f a public lodging establishment or public 155
241-food service establishment. 156
242- (5) "Nontransient" means a guest in nontransient 157
243-occupancy. 158
244- (6) "Nontransient establishment" means any public lodging 159
245-establishment that is rented or leased to guests by an operator 160
246-whose intention is that the dwelling unit occupied will be the 161
247-sole residence of the guest. 162
248- (7) "Nontransient occupancy" means occupancy when it is 163
249-the intention of the parties that the occupancy will not be 164
250-temporary. There is a rebuttable presumption that, when the 165
251-dwelling unit occupied is the sole residence of the guest, the 166
252-occupancy is nontransient. 167
253- (8) "Operator" means the owner, licensee, proprietor, 168
254-lessee, manager, assistant manager, or appointed agent of a 169
255-public lodging establishment or pub lic food service 170
256-establishment. 171
257- (4)(a) "Public lodging establishment" includes a transient 172
258-public lodging establishment as defined in subparagraph 1. and a 173
259-nontransient public lodging establishment as defined in 174
260-subparagraph 2. 175
236+Restaurants of the Department of Business and Professional 151
237+Regulation. 152
238+ (2) "Operator" means the owner, licensee, proprietor, 153
239+lessee, manager, assistant manager, or appointed agent of a 154
240+public lodging establishment or public food service 155
241+establishment. 156
242+ (4)(3) "Guest" means any patron, customer, tenant, lodger, 157
243+boarder, or occupant of a public lodging establishment or public 158
244+food service establishment. 159
245+ (5) "Nontransient" means a guest in n ontransient 160
246+occupancy. 161
247+ (6) "Nontransient establishment" means any public lodging 162
248+establishment that is rented or leased to guests by an operator 163
249+whose intention is that the dwelling unit occupied will be the 164
250+sole residence of the guest. 165
251+ (7) "Nontransient occupancy" means occupancy when it is 166
252+the intention of the parties that the occupancy will not be 167
253+temporary. There is a rebuttable presumption that, when the 168
254+dwelling unit occupied is the sole residence of the guest, the 169
255+occupancy is nontransient. 170
256+ (8) "Operator" means the owner, licensee, proprietor, 171
257+lessee, manager, assistant manager, or appointed agent of a 172
258+public lodging establishment or public food service 173
259+establishment. 174
260+ (4)(a) "Public lodging establishment" includes a transient 175
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269269 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
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273- 1. "Transient public lod ging establishment" means any 176
274-unit, group of units, dwelling, building, or group of buildings 177
275-within a single complex of buildings which is rented to guests 178
276-more than three times in a calendar year for periods of less 179
277-than 30 days or 1 calendar month, whic hever is less, or which is 180
278-advertised or held out to the public as a place regularly rented 181
279-to guests. 182
280- 2. "Nontransient public lodging establishment" means any 183
281-unit, group of units, dwelling, building, or group of buildings 184
282-within a single complex of bui ldings which is rented to guests 185
283-for periods of at least 30 days or 1 calendar month, whichever 186
284-is less, or which is advertised or held out to the public as a 187
285-place regularly rented to guests for periods of at least 30 days 188
286-or 1 calendar month. License cla ssifications of public lodging 189
287-establishments, and the definitions therefor, are set out in s. 190
288-509.242. For the purpose of licensure, the term does not include 191
289-condominium common elements as defined in s. 718.103. 192
290- (b) The following are excluded from the definitions in 193
291-paragraph (a): 194
292- 1. Any dormitory or other living or sleeping facility 195
293-maintained by a public or private school, college, or university 196
294-for the use of students, faculty, or visitors. 197
295- 2. Any facility certified or licensed and regulated by t he 198
296-Agency for Health Care Administration or the Department of 199
297-Children and Families or other similar place regulated under s. 200
273+public lodging establishment as defined in subparagraph 1. and a 176
274+nontransient public lodging establishment as defined in 177
275+subparagraph 2. 178
276+ 1. "Transient public lodging establishment" means any 179
277+unit, group of units, dwelling, building, or group of buildings 180
278+within a single complex of buildings which is rented to guests 181
279+more than three times in a calendar year for periods of less 182
280+than 30 days or 1 calendar month, whichever is less, or which is 183
281+advertised or held out to the public as a place regularly rented 184
282+to guests. 185
283+ 2. "Nontransient public lodging establishment" means any 186
284+unit, group of units, dwelling, building, or group of buildings 187
285+within a single complex of buildings which is rented to guests 188
286+for periods of at least 30 days or 1 calendar month, whichever 189
287+is less, or which is advertised or held out to the public as a 190
288+place regularly rented to guests for periods of at least 30 days 191
289+or 1 calendar month. License classifications of public lodging 192
290+establishments, and the definitions therefor, are set out in s. 193
291+509.242. For the purpose of licensure, the term does not include 194
292+condominium common elements as defined in s. 718.103. 195
293+ (b) The following are excluded from the definitions in 196
294+paragraph (a): 197
295+ 1. Any dormitory or other living or sleeping facility 198
296+maintained by a public o r private school, college, or university 199
297+for the use of students, faculty, or visitors. 200
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306306 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
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310-381.0072. 201
311- 3. Any place renting four rental units or less, unless the 202
312-rental units are advertised or held out to the public to be 203
313-places that are regularly rented to transients. 204
314- 4. Any unit or group of units in a condominium, 205
315-cooperative, or timeshare plan and any individually or 206
316-collectively owned one -family, two-family, three-family, or 207
317-four-family dwelling house or dwelling uni t that is rented for 208
318-periods of at least 30 days or 1 calendar month, whichever is 209
319-less, and that is not advertised or held out to the public as a 210
320-place regularly rented for periods of less than 1 calendar 211
321-month, provided that no more than four rental unit s within a 212
322-single complex of buildings are available for rent. 213
323- 5. Any migrant labor camp or residential migrant housing 214
324-permitted by the Department of Health under ss. 381.008 -215
325-381.00895. 216
326- 6. Any establishment inspected by the Department of Health 217
327-and regulated by chapter 513. 218
328- 7. Any nonprofit organization that operates a facility 219
329-providing housing only to patients, patients' families, and 220
330-patients' caregivers and not to the general public. 221
331- 8. Any apartment building inspected by the United States 222
332-Department of Housing and Urban Development or other entity 223
333-acting on the department's behalf that is designated primarily 224
334-as housing for persons at least 62 years of age. The division 225
310+ 2. Any facility certified or licensed and regulated by the 201
311+Agency for Health Care Administration or the Department of 202
312+Children and Families or other similar place reg ulated under s. 203
313+381.0072. 204
314+ 3. Any place renting four rental units or less, unless the 205
315+rental units are advertised or held out to the public to be 206
316+places that are regularly rented to transients. 207
317+ 4. Any unit or group of units in a condominium, 208
318+cooperative, or timeshare plan and any individually or 209
319+collectively owned one -family, two-family, three-family, or 210
320+four-family dwelling house or dwelling unit that is rented for 211
321+periods of at least 30 days or 1 calendar month, whichever is 212
322+less, and that is not adver tised or held out to the public as a 213
323+place regularly rented for periods of less than 1 calendar 214
324+month, provided that no more than four rental units within a 215
325+single complex of buildings are available for rent. 216
326+ 5. Any migrant labor camp or residential migr ant housing 217
327+permitted by the Department of Health under ss. 381.008 -218
328+381.00895. 219
329+ 6. Any establishment inspected by the Department of Health 220
330+and regulated by chapter 513. 221
331+ 7. Any nonprofit organization that operates a facility 222
332+providing housing only to pat ients, patients' families, and 223
333+patients' caregivers and not to the general public. 224
334+ 8. Any apartment building inspected by the United States 225
335335
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343343 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
344344
345345
346346
347-may require the operator of the apartment building to attest in 226
348-writing that such building meets the criteria provided in this 227
349-subparagraph. The division may adopt rules to implement this 228
350-requirement. 229
351- 9. Any roominghouse, boardinghouse, or other living or 230
352-sleeping facility that may not be classified as a hotel, motel, 231
353-timeshare project, vacation rental, nontransient apartment, bed 232
354-and breakfast inn, or transient apartment under s. 509.242. 233
355- (9)(a)(5)(a) "Public food service establishment" means any 234
356-building, vehicle, place, or structure, or any room or division 235
357-in a building, vehicle, place, or structure where food is 236
358-prepared, served, or sold for immediate consumption on or in the 237
359-vicinity of the premises; called for or taken out by customers; 238
360-or prepared before prior to being delivered to another location 239
361-for consumption. The term includes a culinary education program, 240
362-as defined in s. 381.0072(2), which offers, prepares, serves, or 241
363-sells food to the general public, regardless of whether it is 242
364-inspected by another state agency for compliance with sanitation 243
365-standards. 244
366- (b) The following are excluded from the definition in 245
367-paragraph (a): 246
368- 1. Any place maintained and operated by a public or 247
369-private school, college, or university: 248
370- a. For the use of students and faculty; or 249
371- b. Temporarily to serve such events as fairs, carniva ls, 250
347+Department of Housing and Urban Development or other entity 226
348+acting on the department's behalf that is designated p rimarily 227
349+as housing for persons at least 62 years of age. The division 228
350+may require the operator of the apartment building to attest in 229
351+writing that such building meets the criteria provided in this 230
352+subparagraph. The division may adopt rules to implement th is 231
353+requirement. 232
354+ 9. Any roominghouse, boardinghouse, or other living or 233
355+sleeping facility that may not be classified as a hotel, motel, 234
356+timeshare project, vacation rental, nontransient apartment, bed 235
357+and breakfast inn, or transient apartment under s. 509. 242. 236
358+ (9)(a)(5)(a) "Public food service establishment" means any 237
359+building, vehicle, place, or structure, or any room or division 238
360+in a building, vehicle, place, or structure where food is 239
361+prepared, served, or sold for immediate consumption on or in the 240
362+vicinity of the premises; called for or taken out by customers; 241
363+or prepared before prior to being delivered to another location 242
364+for consumption. The term includes a culinary education program, 243
365+as defined in s. 381.0072(2), which offers, prepares, serves, or 244
366+sells food to the general public, regardless of whether it is 245
367+inspected by another state agency for compliance with sanitation 246
368+standards. 247
369+ (b) The following are excluded from the definition in 248
370+paragraph (a): 249
371+ 1. Any place maintained and operated by a publ ic or 250
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375375
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380380 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
381381
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384-food contests, cook-offs, and athletic contests. 251
385- 2. Any eating place maintained and operated by a church or 252
386-a religious, nonprofit fraternal, or nonprofit civic 253
387-organization: 254
388- a. For the use of members and associates; or 255
389- b. Temporarily to serve such events as fairs, carnivals, 256
390-food contests, cook-offs, or athletic contests. 257
391- 258
392-Upon request by the division, a church or a religious, nonprofit 259
393-fraternal, or nonprofit civic organization claiming an exclusion 260
394-under this subparagraph must provide the div ision documentation 261
395-of its status as a church or a religious, nonprofit fraternal, 262
396-or nonprofit civic organization. 263
397- 3. Any eating place maintained and operated by an 264
398-individual or entity at a food contest, cook -off, or a temporary 265
399-event lasting from 1 to 3 days which is hosted by a church or a 266
400-religious, nonprofit fraternal, or nonprofit civic organization. 267
401-Upon request by the division, the event host must provide the 268
402-division documentation of its status as a church or a religious, 269
403-nonprofit fraternal, or nonprofit civic organization. 270
404- 4. Any eating place located on an airplane, train, bus, or 271
405-watercraft that which is a common carrier. 272
406- 5. Any eating place maintained by a facility certified or 273
407-licensed and regulated by the Agency for Health Care 274
408-Administration or the Department of Children and Families or 275
384+private school, college, or university: 251
385+ a. For the use of students and faculty; or 252
386+ b. Temporarily to serve such events as fairs, carnivals, 253
387+food contests, cook-offs, and athletic contests. 254
388+ 2. Any eating place maintained and operated by a church or 255
389+a religious, nonprofit fraternal, or nonprofit civic 256
390+organization: 257
391+ a. For the use of members and associates; or 258
392+ b. Temporarily to serve such events as fairs, carnivals, 259
393+food contests, cook-offs, or athletic contests. 260
394+ 261
395+Upon request by the division, a church or a religious, nonprofit 262
396+fraternal, or nonprofit civic organization claiming an exclusion 263
397+under this subparagraph must provide the division documentation 264
398+of its status as a church or a religious, nonprofit fraternal, 265
399+or nonprofit civic organizati on. 266
400+ 3. Any eating place maintained and operated by an 267
401+individual or entity at a food contest, cook -off, or a temporary 268
402+event lasting from 1 to 3 days which is hosted by a church or a 269
403+religious, nonprofit fraternal, or nonprofit civic organization. 270
404+Upon request by the division, the event host must provide the 271
405+division documentation of its status as a church or a religious, 272
406+nonprofit fraternal, or nonprofit civic organization. 273
407+ 4. Any eating place located on an airplane, train, bus, or 274
408+watercraft that which is a common carrier. 275
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417417 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
418418
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421-other similar place that is regulated under s. 381.0072. 276
422- 6. Any place of business issued a permit or inspected by 277
423-the Department of Agriculture and Consumer Services under s. 278
424-500.12. 279
425- 7. Any place of business where the food available for 280
426-consumption is limited to ice, beverages with or without 281
427-garnishment, popcorn, or prepackaged items sold without 282
428-additions or preparation. 283
429- 8. Any theater, if the primary use is as a theater and if 284
430-patron service is limited to food items customarily served to 285
431-the admittees of theaters. 286
432- 9. Any vending machine that dispenses any food or 287
433-beverages other than potentially hazardous foods, as defined by 288
434-division rule. 289
435- 10. Any vending machine that dispenses potentially 290
436-hazardous food and which is located in a facility regulated 291
437-under s. 381.0072. 292
438- 11. Any research and development test kitchen limited to 293
439-the use of employees and which is not open to the general 294
440-public. 295
441- (6) "Director" means the Director of the Division of 296
442-Hotels and Restaurants of the Department of Business and 297
443-Professional Regulation. 298
444- (10)(a) "Public lodging establishment" includes a 299
445-transient public lodging establishment as defined in 300
421+ 5. Any eating place maintained by a facility certified or 276
422+licensed and regulated by the Agency for Health Care 277
423+Administration or the Department of Children and Families or 278
424+other similar place that is regulated under s. 381.0072. 279
425+ 6. Any place of business issued a permit or inspected by 280
426+the Department of Agriculture and Consumer Services under s. 281
427+500.12. 282
428+ 7. Any place of business where the food available for 283
429+consumption is limited to ice, beverages with or without 284
430+garnishment, popcorn, or prepackaged items sold without 285
431+additions or preparation. 286
432+ 8. Any theater, if the primary use is as a theater and if 287
433+patron service is limited to food items customarily served to 288
434+the admittees of theaters. 289
435+ 9. Any vending machine that dispenses an y food or 290
436+beverages other than potentially hazardous foods, as defined by 291
437+division rule. 292
438+ 10. Any vending machine that dispenses potentially 293
439+hazardous food and which is located in a facility regulated 294
440+under s. 381.0072. 295
441+ 11. Any research and development test kitchen limited to 296
442+the use of employees and which is not open to the general 297
443+public. 298
444+ (6) "Director" means the Director of the Division of 299
445+Hotels and Restaurants of the Department of Business and 300
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454454 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
455455
456456
457457
458-subparagraph 1. and a nontransient public lodging establishment 301
459-as defined in subparagraph 2. 302
460- 1. "Transient public lodging establishment" means any 303
461-unit, group of units, dwelling, building, or group of buildings 304
462-within a single complex of buildings which is rented to guests 305
463-more than three times in a calendar year for periods of less 306
464-than 30 days or 1 calendar month, whichever is less, or which is 307
465-advertised or held out to the public as a place regularly rented 308
466-to guests. 309
467- 2. "Nontransient public lodging establishment" means any 310
468-unit, group of units, dwelling, building , or group of buildings 311
469-within a single complex of buildings which is rented to guests 312
470-for periods of at least 30 days or 1 calendar month, whichever 313
471-is less, or which is advertised or held out to the public as a 314
472-place regularly rented to guests for period s of at least 30 days 315
473-or 1 calendar month. 316
474- 317
475-License classifications of public lodging establishments, and 318
476-the definitions therefor, are set out in s. 509.242. For the 319
477-purpose of licensure, the term does not include condominium 320
478-common elements as defined in s. 718.103. 321
479- (b) The following are excluded from the definitions in 322
480-paragraph (a): 323
481- 1. Any dormitory or other living or sleeping facility 324
482-maintained by a public or private school, college, or university 325
458+Professional Regulation. 301
459+ (10)(a) "Public lodging est ablishment" includes a 302
460+transient public lodging establishment as defined in 303
461+subparagraph 1. and a nontransient public lodging establishment 304
462+as defined in subparagraph 2. 305
463+ 1. "Transient public lodging establishment" means any 306
464+unit, group of units, dwelling, building, or group of buildings 307
465+within a single complex of buildings which is rented to guests 308
466+more than three times in a calendar year for periods of less 309
467+than 30 days or 1 calendar month, whichever is less, or which is 310
468+advertised or held out to the public as a place regularly rented 311
469+to guests. 312
470+ 2. "Nontransient public lodging establishment" means any 313
471+unit, group of units, dwelling, building, or group of buildings 314
472+within a single complex of buildings which is rented to guests 315
473+for periods of at least 30 days or 1 calendar month, whichever 316
474+is less, or which is advertised or held out to the public as a 317
475+place regularly rented to guests for periods of at least 30 days 318
476+or 1 calendar month. 319
477+ 320
478+License classifications of public lodging establishments, and 321
479+the definitions therefor, are set out in s. 509.242. For the 322
480+purpose of licensure, the term does not include condominium 323
481+common elements as defined in s. 718.103. 324
482+ (b) The following are excluded from the definitions in 325
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491491 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
492492
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495-for the use of students, faculty, or visitors. 326
496- 2. Any facility certified or licensed and regulated by the 327
497-Agency for Health Care Administration or the Department of 328
498-Children and Families or other similar place regulated under s. 329
499-381.0072. 330
500- 3. Any place renting four rental units or less, unless the 331
501-rental units are advertised or held out to the public to be 332
502-places that are regularly rented to transients. 333
503- 4. Any unit or group of units in a condominium, 334
504-cooperative, or timeshare plan and any individually or 335
505-collectively owned one -family, two-family, three-family, or 336
506-four-family dwelling house or dwelling unit that is rented for 337
507-periods of at least 30 days or 1 calendar month, whichever is 338
508-less, and that is not advertised or held out to the public as a 339
509-place regularly rented for periods of less than 1 cale ndar 340
510-month, provided that no more than four rental units within a 341
511-single complex of buildings are available for rent. 342
512- 5. Any migrant labor camp or residential migrant housing 343
513-permitted by the Department of Health under ss. 381.008 -344
514-381.00895. 345
515- 6. Any establishment inspected by the Department of Health 346
516-and regulated by chapter 513. 347
517- 7. Any nonprofit organization that operates a facility 348
518-providing housing only to patients, patients' families, and 349
519-patients' caregivers and not to the general public. 350
495+paragraph (a): 326
496+ 1. Any dormitory or other living or sleeping facility 327
497+maintained by a public or private school, college, or university 328
498+for the use of students, faculty, or visitors. 329
499+ 2. Any facility certified or licensed and regulated by the 330
500+Agency for Health Care Administration or the Dep artment of 331
501+Children and Families or other similar place regulated under s. 332
502+381.0072. 333
503+ 3. Any place renting four rental units or less, unless the 334
504+rental units are advertised or held out to the public to be 335
505+places that are regularly rented to transients. 336
506+ 4. Any unit or group of units in a condominium, 337
507+cooperative, or timeshare plan and any individually or 338
508+collectively owned one -family, two-family, three-family, or 339
509+four-family dwelling house or dwelling unit that is rented for 340
510+periods of at least 30 days or 1 calendar month, whichever is 341
511+less, and that is not advertised or held out to the public as a 342
512+place regularly rented for periods of less than 1 calendar 343
513+month, provided that no more than four rental units within a 344
514+single complex of buildings are availabl e for rent. 345
515+ 5. Any migrant labor camp or residential migrant housing 346
516+permitted by the Department of Health under ss. 381.008 -347
517+381.00895. 348
518+ 6. Any establishment inspected by the Department of Health 349
519+and regulated by chapter 513. 350
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528528 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
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532- 8. Any apartment building inspected by the United States 351
533-Department of Housing and Urban Development or other entity 352
534-acting on the department's behalf that is designated primarily 353
535-as housing for persons at least 62 years of age. The division 354
536-may require the oper ator of the apartment building to attest in 355
537-writing that such building meets the criteria provided in this 356
538-subparagraph. The division may adopt rules to implement this 357
539-requirement. 358
540- 9. Any roominghouse, boardinghouse, or other living or 359
541-sleeping facility that may not be classified as a hotel, motel, 360
542-timeshare project, vacation rental, nontransient apartment, bed 361
543-and breakfast inn, or transient apartment under s. 509.242. 362
544- (11)(7) "Single complex of buildings" means all buildings 363
545-or structures that are own ed, managed, controlled, or operated 364
546-under one business name and are situated on the same tract or 365
547-plot of land that is not separated by a public street or 366
548-highway. 367
549- (12)(8) "Temporary food service event" means any event of 368
550-30 days or less in duration where food is prepared, served, or 369
551-sold to the general public. 370
552- (13)(9) "Theme park or entertainment complex" means a 371
553-complex comprised of at least 25 contiguous acres owned a nd 372
554-controlled by the same business entity and which contains 373
555-permanent exhibitions and a variety of recreational activities 374
556-and has a minimum of 1 million visitors annually. 375
532+ 7. Any nonprofit organiza tion that operates a facility 351
533+providing housing only to patients, patients' families, and 352
534+patients' caregivers and not to the general public. 353
535+ 8. Any apartment building inspected by the United States 354
536+Department of Housing and Urban Development or other en tity 355
537+acting on the department's behalf that is designated primarily 356
538+as housing for persons at least 62 years of age. The division 357
539+may require the operator of the apartment building to attest in 358
540+writing that such building meets the criteria provided in this 359
541+subparagraph. The division may adopt rules to implement this 360
542+requirement. 361
543+ 9. Any roominghouse, boardinghouse, or other living or 362
544+sleeping facility that may not be classified as a hotel, motel, 363
545+timeshare project, vacation rental, nontransient apartment, bed 364
546+and breakfast inn, or transient apartment under s. 509.242. 365
547+ (11)(7) "Single complex of buildings" means all buildings 366
548+or structures that are owned, managed, controlled, or operated 367
549+under one business name and are situated on the same tract or 368
550+plot of land that is not separated by a public street or 369
551+highway. 370
552+ (12)(8) "Temporary food service event" means any event of 371
553+30 days or less in duration where food is prepared, served, or 372
554+sold to the general public. 373
555+ (13)(9) "Theme park or entertainment complex" means a 374
556+complex comprised of at least 25 contiguous acres owned and 375
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565565 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
566566
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568568
569- (14)(10) "Third-party provider" means, for purposes of s. 376
570-509.049, any provider of an approved food safety training 377
571-program that provides training or such a training program to a 378
572-public food service establishment that is not under common 379
573-ownership or control with the provider. 380
574- (15) "Transient" means a guest in transient occupancy. 381
575- (16)(11) "Transient establishment" means any public 382
576-lodging establishment that is rented or leased to guests by an 383
577-operator whose intention is that such guests' occupancy will be 384
578-temporary. 385
579- (17)(12) "Transient occupancy" means occupancy when it is 386
580-the intention of the parties that the occupancy will be 387
581-temporary. There is a rebuttable presumption that, when the 388
582-dwelling unit occupied is not the sole residence of the guest, 389
583-the occupancy is transient. 390
584- (13) "Transient" means a guest in transient occupanc y. 391
585- (14) "Nontransient establishment" means any public lodging 392
586-establishment that is rented or leased to guests by an operator 393
587-whose intention is that the dwelling unit occupied will be the 394
588-sole residence of the guest. 395
589- (15) "Nontransient occupancy" mean s occupancy when it is 396
590-the intention of the parties that the occupancy will not be 397
591-temporary. There is a rebuttable presumption that, when the 398
592-dwelling unit occupied is the sole residence of the guest, the 399
593-occupancy is nontransient. 400
569+controlled by the same business entity and which contains 376
570+permanent exhibitions and a variety of recreational activities 377
571+and has a minimum of 1 mill ion visitors annually. 378
572+ (14)(10) "Third-party provider" means, for purposes of s. 379
573+509.049, any provider of an approved food safety training 380
574+program that provides training or such a training program to a 381
575+public food service establishment that is not under common 382
576+ownership or control with the provider. 383
577+ (15) "Transient" means a guest in transient occupancy. 384
578+ (16)(11) "Transient establishment" means any public 385
579+lodging establishment that is rented or leased to guests by an 386
580+operator whose intention is that su ch guests' occupancy will be 387
581+temporary. 388
582+ (17)(12) "Transient occupancy" means occupancy when it is 389
583+the intention of the parties that the occupancy will be 390
584+temporary. There is a rebuttable presumption that, when the 391
585+dwelling unit occupied is not the sole r esidence of the guest, 392
586+the occupancy is transient. 393
587+ (13) "Transient" means a guest in transient occupancy. 394
588+ (14) "Nontransient establishment" means any public lodging 395
589+establishment that is rented or leased to guests by an operator 396
590+whose intention is that the dwelling unit occupied will be the 397
591+sole residence of the guest. 398
592+ (15) "Nontransient occupancy" means occupancy when it is 399
593+the intention of the parties that the occupancy will not be 400
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602602 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
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605605
606- (16) "Nontransient" m eans a guest in nontransient 401
607-occupancy. 402
608- Section 3. Paragraph (c) of subsection (3) and paragraphs 403
609-(a) and (b) of subsection (7) of section 509.032, Florida 404
610-Statutes, are amended, and paragraph (d) is added to subsection 405
611-(7) of that section, to read: 406
612- 509.032 Duties.— 407
613- (3) SANITARY STANDARDS; EMERGENCIES; TEMPORARY FOOD 408
614-SERVICE EVENTS.—The division shall: 409
615- (c) Administer a public notification process for temporary 410
616-food service events and distribute educational materials that 411
617-address safe food storage, preparation, and service procedures. 412
618- 1. Sponsors of temporary food service events shall notify 413
619-the division not less than 3 days before the scheduled event of 414
620-the type of food service proposed, the time and location of the 415
621-event, a complete list of food service vendors participating in 416
622-the event, the number of individual food service facilities each 417
623-vendor will operate at the event, and the identification number 418
624-of each food service vendor's current license as a public food 419
625-service establishment or tempo rary food service event licensee. 420
626-Notification may be completed orally, by telephone, in person, 421
627-or in writing. A public food service establishment or food 422
628-service vendor may not use this notification process to 423
629-circumvent the license requirements of this chapter. 424
630- 2. The division shall keep a record of all notifications 425
606+temporary. There is a rebuttable presumption that, when the 401
607+dwelling unit occupied is the sole residence of the guest, the 402
608+occupancy is nontransient. 403
609+ (16) "Nontransient" means a guest in nontransient 404
610+occupancy. 405
611+ Section 3. Paragraph (c) of subsection (3) and paragraphs 406
612+(a) and (b) of subsection (7) of section 509.032, Florida 407
613+Statutes, are amended, and paragraph (d) is added to subsection 408
614+(7) of that section, to read: 409
615+ 509.032 Duties.— 410
616+ (3) SANITARY STANDARDS; EMERGENCIES; TEMPORARY FOOD 411
617+SERVICE EVENTS.—The division shall: 412
618+ (c) Administer a public notification proce ss for temporary 413
619+food service events and distribute educational materials that 414
620+address safe food storage, preparation, and service procedures. 415
621+ 1. Sponsors of temporary food service events shall notify 416
622+the division not less than 3 days before the schedule d event of 417
623+the type of food service proposed, the time and location of the 418
624+event, a complete list of food service vendors participating in 419
625+the event, the number of individual food service facilities each 420
626+vendor will operate at the event, and the identifica tion number 421
627+of each food service vendor's current license as a public food 422
628+service establishment or temporary food service event licensee. 423
629+Notification may be completed orally, by telephone, in person, 424
630+or in writing. A public food service establishment or food 425
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639639 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
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643-received for proposed temporary food service events and shall 426
644-provide appropriate educational materials to the event sponsors 427
645-and notify the event sponsors of the availability of the food -428
646-recovery brochure developed under s. 595.420. 429
647- 3.a. Unless excluded under s. 509.013 s. 509.013(5)(b), a 430
648-public food service establishment or other food service vendor 431
649-must obtain one of the following classes of license from the 432
650-division: an individual li cense, for a fee of no more than $105, 433
651-for each temporary food service event in which it participates; 434
652-or an annual license, for a fee of no more than $1,000, that 435
653-entitles the licensee to participate in an unlimited number of 436
654-food service events during th e license period. The division 437
655-shall establish license fees, by rule, and may limit the number 438
656-of food service facilities a licensee may operate at a 439
657-particular temporary food service event under a single license. 440
658- b. Public food service establishments ho lding current 441
659-licenses from the division may operate under the regulations of 442
660-such a license at temporary food service events. 443
661- (7) PREEMPTION AUTHORITY. — 444
662- (a) The regulation of public lodging establishments and 445
663-public food service establishments, includ ing, but not limited 446
664-to, sanitation standards, licensing, inspections, training and 447
665-testing of personnel, and matters related to the nutritional 448
666-content and marketing of foods offered in such establishments, 449
667-is preempted to the state. This paragraph does n ot preempt the 450
643+service vendor may not use this notification process to 426
644+circumvent the license requirements of this chapter. 427
645+ 2. The division shall keep a record of all notifications 428
646+received for proposed temporary food service events and shall 429
647+provide appropriate e ducational materials to the event sponsors 430
648+and notify the event sponsors of the availability of the food -431
649+recovery brochure developed under s. 595.420. 432
650+ 3.a. Unless excluded under s. 509.013 s. 509.013(5)(b), a 433
651+public food service establishment or other fo od service vendor 434
652+must obtain one of the following classes of license from the 435
653+division: an individual license, for a fee of no more than $105, 436
654+for each temporary food service event in which it participates; 437
655+or an annual license, for a fee of no more than $1,000, that 438
656+entitles the licensee to participate in an unlimited number of 439
657+food service events during the license period. The division 440
658+shall establish license fees, by rule, and may limit the number 441
659+of food service facilities a licensee may operate at a 442
660+particular temporary food service event under a single license. 443
661+ b. Public food service establishments holding current 444
662+licenses from the division may operate under the regulations of 445
663+such a license at temporary food service events. 446
664+ (7) PREEMPTION AUTHORI TY.— 447
665+ (a) The regulation of public lodging establishments and 448
666+public food service establishments, including, but not limited 449
667+to, sanitation standards, licensing, inspections, training and 450
668668
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676676 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
677677
678678
679679
680-authority of a local government or local enforcement district to 451
681-conduct inspections of public lodging and public food service 452
682-establishments for compliance with the Florida Building Code and 453
683-the Florida Fire Prevention Code, pursuant to ss. 553.80 and 454
684-633.206. 455
685- (b)1. A local law, ordinance, or regulation may not 456
686-prohibit vacation rentals or regulate the duration or frequency 457
687-of rental of vacation rentals. This paragraph does not apply to 458
688-any local law, ordinance, or regulation adopted on or before 459
689-June 1, 2011, including when such law, ordinance, or regulation 460
690-is amended to be less restrictive or to comply with the local 461
691-registration requirements provided in this paragraph, or when a 462
692-law, ordinance, or regulation adopted after June 1, 2011, 463
693-regulates vacation rentals, if such law, ordinance, or 464
694-regulation is less restrictive than a law, ordinance, or 465
695-regulation that was in effect on June 1, 2011. Notwithstanding 466
696-paragraph (a), a local law, ordinance, or regulation may require 467
697-the registration of vacation rentals with a local vacation 468
698-rental registration program. Local governments may adopt a 469
699-vacation rental registration program pursuant to subparagraph 3. 470
700-This paragraph does not prohibit a local law, ordinance, or 471
701-regulation from restricting t he maximum occupancy for 472
702-residential properties that are rented if uniformly applied 473
703-without regard to whether the residential property is used as a 474
704-vacation rental. 475
680+testing of personnel, and matters related to the nutritional 451
681+content and marketing of foods offered in such establishments, 452
682+is preempted to the state. This paragraph does not preempt the 453
683+authority of a local government or local enforcement district to 454
684+conduct inspections of public lodging and public food service 455
685+establishments for compliance with the Florida Building Code and 456
686+the Florida Fire Prevention Code, pursuant to ss. 553.80 and 457
687+633.206. 458
688+ (b)1. A local law, ordinance, or regulation may not 459
689+prohibit vacation rentals or regulate the duration or frequency 460
690+of rental of vacation rentals. This paragraph does not apply to 461
691+any local law, ordinance, or regulation adopted on or before 462
692+June 1, 2011, including when such law, ordinance, or regulation 463
693+is amended to be less restrictive or to comply with the local 464
694+registration requirements provided in this paragraph, or when a 465
695+law, ordinance, or regulation adopted after June 1, 2011, 466
696+regulates vacation rentals, if such law, ordinance, or 467
697+regulation is less restrictive than a law, ordinance, or 468
698+regulation that was in effect on June 1 , 2011. Notwithstanding 469
699+paragraph (a), a local law, ordinance, or regulation may require 470
700+the registration of vacation rentals with a local vacation 471
701+rental registration program. Local governments may adopt a 472
702+vacation rental registration program pursuant to subparagraph 3. 473
703+and impose a fine for failure to register under the vacation 474
704+rental registration program . 475
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713713 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
714714
715715
716716
717- 2. Local governments may charge a fee of no more than $150 476
718-for processing an individual registration application or $200 477
717+ 2. Local governments may charge a fee of no more than $50 476
718+for processing an individual registration application or $100 477
719719 for processing a collective registration application. A local 478
720720 law, ordinance, or regulation may not require renewal of a 479
721721 registration more than once per year. However, if there is a 480
722722 change of ownership, the new owner may be required to submit a 481
723723 new application for registration. 482
724724 3. As a condition of registration, the local law, 483
725725 ordinance, or regulation may only require the owner or operator 484
726726 of a vacation rental to: 485
727727 a. Submit identifying information about the owner or the 486
728728 owner's agents and the subject vacation rental property. 487
729729 b. Obtain a license as a transient public lodging 488
730730 establishment issued by the division within 60 days after local 489
731731 registration. 490
732732 c. Obtain all required tax registrations, receipts, or 491
733733 certificates issued by the Department of Revenue, a county, or a 492
734734 municipal government. 493
735735 d. Update required information on a continuing basis to 494
736736 ensure it is current. 495
737737 e. Comply with parking standards and solid waste handling 496
738738 and containment requirements, so long as such standards and 497
739739 requirements are not imposed solely on vac ation rentals. 498
740740 f. Designate and maintain at all times a responsible party 499
741741 who is capable of responding to complaints and other immediate 500
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750750 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
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752752
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754754 problems related to the vacation rental, including being 501
755755 available by telephone at a listed phone number. 502
756- g. State the maximum occupancy of the vacation rental 503
757-based on the number of sleeping accommodations for persons 504
758-staying overnight in the vacation rental. 505
759- 4.a. Within 15 business days after receiving an 506
760-application for registration of a vacation rental, the local 507
761-government must review the application for completeness and 508
762-accept the registration of the vacation rental or issue a 509
763-written notice specifying with particularity any areas that are 510
764-deficient. Such notice may be provided by United States mail or 511
765-electronically. 512
766- b. The vacation rental owner or operator and the local 513
767-government may agree to a reasonable request to extend the 514
768-timeframes provided in this subparagraph, particularly in the 515
769-event of a force majeure or other extraordinary circumstance. 516
770- c. If the local government fails to accept the 517
771-registration within the timeframes provided in this 518
772-subparagraph, the application is deemed accepted. 519
773- d. Upon an accepted registration of a vacation rental, a 520
774-local government shall assign a unique registration number to 521
775-the vacation rental or other indicia of registration and provide 522
776-the registration number or other indicia of registration to the 523
777-owner or operator of the vacation rental in writing or 524
778-electronically. 525
756+ g. Pay in full all recorded municipal or county code liens 503
757+against the subject property. The local government may withdraw 504
758+its acceptance of a registration on the basis of an unsatisfied 505
759+recorded municipal or county code lien. 506
760+ 4.a. Within 15 business days after r eceiving an 507
761+application for registration of a vacation rental, the local 508
762+government must review the application for completeness and 509
763+accept the registration of the vacation rental or issue a 510
764+written notice specifying with particularity any areas that are 511
765+deficient. Such notice may be provided by United States mail or 512
766+electronically. 513
767+ b. The vacation rental owner or operator and the local 514
768+government may agree to a reasonable request to extend the 515
769+timeframes provided in this subparagraph, particularly in the 516
770+event of a force majeure or other extraordinary circumstance. 517
771+ c. When a local government denies an application for 518
772+registration of a vacation rental, the local government must 519
773+give written notice to the applicant. Such notice may be 520
774+provided by United S tates mail or electronically. The notice 521
775+must specify with particularity the factual reasons for the 522
776+denial and include a citation to the applicable portions of an 523
777+ordinance, a rule, a statute, or other legal authority for the 524
778+denial of the registration. A local government may not deny any 525
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787787 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
788788
789789
790790
791- (d) The regulation of advertising platforms is preempted 526
792-to the state as provided in this chapter. 527
793- Section 4. Effective January 1, 2024, subsections (2) and 528
794-(3) of section 509.241, Florida Statutes, are amended to read: 529
795- 509.241 Licenses required; exceptions. — 530
796- (2) APPLICATION FOR LICENSE. —Each person who plans to open 531
797-a public lodging establishment or a public food service 532
798-establishment shall apply for and receive a license from the 533
799-division before prior to the commencement of opera tion. A 534
800-condominium association, as defined in s. 718.103, which does 535
801-not own any units classified as vacation rentals or timeshare 536
802-projects under s. 509.242(1)(c) or (g) is not required to apply 537
803-for or receive a public lodging establishment license. All 538
804-applications for a vacation rental license must, if applicable, 539
805-include the local registration number or other proof of 540
806-registration required by local law, ordinance, or regulation. 541
807-Upon receiving an application for a vacation rental license, the 542
808-division may grant a temporary license that authorizes the 543
809-vacation rental to begin operation while the application is 544
810-pending and to post the information required under s. 545
811-509.243(1)(c). The temporary license automatically expires upon 546
812-final agency action regarding the license application. 547
813- (3) DISPLAY OF LICENSE. —Any license issued by the division 548
814-must shall be conspicuously displayed to the public inside in 549
815-the office or lobby of the licensed establishment. Public food 550
791+applicant from reapplying if the applicant cures the identified 526
792+deficiencies. 527
793+ d. If the local government fails to accept or deny the 528
794+registration within the timeframes provided in this 529
795+subparagraph, the application is deemed accepted. 530
796+ e. Upon an accepted registration of a vacation rental, a 531
797+local government shall assign a unique registration number to 532
798+the vacation rental or other indicia of registration and provide 533
799+the registration number or other indicia of registrat ion to the 534
800+owner or operator of the vacation rental in writing or 535
801+electronically. 536
802+ 5. The local government may terminate or refuse to issue 537
803+or renew a vacation rental registration when: 538
804+ a. The operation of the subject premises violates a 539
805+registration requirement authorized pursuant to this paragraph 540
806+or a local law, ordinance, or regulation that does not apply 541
807+solely to vacation rentals; or 542
808+ b. The premises and its owner are the subject of a final 543
809+order or judgment lawfully directing the termination of t he 544
810+premises' use as a vacation rental. 545
811+ (d) The regulation of advertising platforms is preempted 546
812+to the state as provided in this chapter. 547
813+ Section 4. Effective January 1, 2024, subsections (2) and 548
814+(3) of section 509.241, Florida Statutes, are amended to read: 549
815+ 509.241 Licenses required; exceptions. — 550
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824824 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
825825
826826
827827
828-service establishments that which offer catering services must 551
829-shall display their license number on all advertising for 552
830-catering services. The owner or operator of a vacation rental 553
831-offered for transient occupancy through an advertising platform 554
832-must also display the vacation rental license number and, if 555
833-applicable, the local registration number. 556
834- Section 5. Effective January 1, 2024, section 509.243, 557
835-Florida Statutes, is created to read: 558
836- 509.243 Advertising platforms. — 559
837- (1)(a) An advertising platform must require that a person 560
838-who places an advertisement for the rental of a vacation rental: 561
839- 1. Include in the advertisement the vacation rental 562
840-license number and, if applicable, the local registration 563
841-number; and 564
842- 2. Attest to the best of the person's knowledge that the 565
843-license number for the vacation rental property and the local 566
844-registration are current, valid, and accurately stated in the 567
845-advertisement. 568
846- (b) An advertising platform must display the vacation 569
847-rental license number and, if applicable, the local registration 570
848-number. Effective July 1, 2024, the advertising platform must 571
849-check that the vacation rental license number provided by the 572
850-owner or operator appears as current in the information posted 573
851-by the division pursuant to paragraph (c) and applies to the 574
852-subject vacation rental be fore publishing the advertisement on 575
828+ (2) APPLICATION FOR LICENSE. —Each person who plans to open 551
829+a public lodging establishment or a public food service 552
830+establishment shall apply for and receive a license from the 553
831+division before prior to the commencement of operation. A 554
832+condominium association, as defined in s. 718.103, which does 555
833+not own any units classified as vacation rentals or timeshare 556
834+projects under s. 509.242(1)(c) or (g) is not required to apply 557
835+for or receive a public lodging estab lishment license. All 558
836+applications for a vacation rental license must, if applicable, 559
837+include the local registration number or other proof of 560
838+registration required by local law, ordinance, or regulation. 561
839+Upon receiving an application for a vacation rental license, the 562
840+division may grant a temporary license that authorizes the 563
841+vacation rental to begin operation while the application is 564
842+pending and to post the information required under s. 565
843+509.243(1)(c). The temporary license automatically expires upon 566
844+final agency action regarding the license application. 567
845+ (3) DISPLAY OF LICENSE. —Any license issued by the division 568
846+must shall be conspicuously displayed to the public inside in 569
847+the office or lobby of the licensed establishment. Public food 570
848+service establishment s that which offer catering services must 571
849+shall display their license number on all advertising for 572
850+catering services. The owner or operator of a vacation rental 573
851+offered for transient occupancy through an advertising platform 574
852+must also display the vacation rental license number and, if 575
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861861 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
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865-its platform and again at the end of each calendar quarter that 576
866-the advertisement remains on its platform. 577
867- (c) By July 1, 2024, the division shall maintain vacation 578
868-rental license information in a readily accessible e lectronic 579
869-format that is sufficient to facilitate prompt compliance with 580
870-the requirements of this subsection by an advertising platform 581
871-or a person placing an advertisement on an advertising platform 582
872-for transient rental of a vacation rental. 583
873- (2) An advertising platform must remove from public view 584
874-an advertisement or a listing from its online application, 585
875-software, website, or system within 15 business days after being 586
876-notified by the division in writing that the subject 587
877-advertisement or listing for the rental of a vacation rental 588
878-located in this state fails to display a valid license number 589
879-issued by the division. 590
880- (3) If a guest uses a payment system on or through an 591
881-advertising platform to pay for the rental of a vacation rental 592
882-located in this state, the advertising platform must collect and 593
883-remit all taxes due under ss. 125.0104, 125.0108, 212.03, 594
884-212.0305, and 212.055 related to the rental as provided in s. 595
885-212.03(2)(b). 596
886- (4) If the division has probable cause to believe that a 597
887-person not licensed by the division has violated this chapter or 598
888-any rule adopted pursuant thereto, the division may issue and 599
889-deliver to such person a notice to cease and desist from the 600
865+applicable, the local registration number. 576
866+ Section 5. Effective January 1, 2024, section 509.243, 577
867+Florida Statutes, is created to read: 578
868+ 509.243 Advertising platforms. — 579
869+ (1)(a) An advertising platform must require that a person 580
870+who places an advertisement for the rental of a vacation rental: 581
871+ 1. Include in the advertisement the vacation rental 582
872+license number and, if applicable, the local registration 583
873+number; and 584
874+ 2. Attest to the best of the person's knowledge that the 585
875+license number for the vacation rental property and the local 586
876+registration are current, valid, and accurately stated in the 587
877+advertisement. 588
878+ (b) An advertising platform must display the vacation 589
879+rental license number and, if applicable, the local registra tion 590
880+number. Effective July 1, 2024, the advertising platform must 591
881+check that the vacation rental license number provided by the 592
882+owner or operator appears as current in the information posted 593
883+by the division pursuant to paragraph (c) and applies to the 594
884+subject vacation rental before publishing the advertisement on 595
885+its platform and again at the end of each calendar quarter that 596
886+the advertisement remains on its platform. 597
887+ (c) By July 1, 2024, the division shall maintain vacation 598
888+rental license information in a readily accessible electronic 599
889+format that is sufficient to facilitate prompt compliance with 600
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898898 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
899899
900900
901901
902-violation. The issuance of a notice to cease and desist does not 601
903-constitute agency actio n for which a hearing under s. 120.569 or 602
904-s. 120.57 may be sought. For the purpose of enforcing a cease 603
905-and desist notice, the division may file a proceeding in the 604
906-name of the state seeking the issuance of an injunction or a 605
907-writ of mandamus against any p erson who violates any provision 606
908-of the notice. If the division is required to seek enforcement 607
909-of the notice for a penalty pursuant to s. 120.69, it is 608
910-entitled to collect attorney fees and costs, together with any 609
911-cost of collection. 610
912- (5) The division may fine an advertising platform an 611
913-amount not to exceed $1,000 per offense for violations of this 612
914-section or of the rules of the division. For the purposes of 613
915-this subsection, the division may regard as a separate offense 614
916-each day or portion of a day in wh ich an advertising platform is 615
917-operated in violation of this section or rules of the division. 616
918-The division shall issue a written warning or notice and provide 617
919-the advertising platform 15 days to cure a violation before 618
920-commencing any legal proceeding unde r subsection (4). 619
921- (6) Advertising platforms shall adopt an 620
922-antidiscrimination policy to help prevent discrimination among 621
923-their users and shall inform all users of their services that it 622
924-is illegal to refuse accommodation to an individual based on 623
925-race, creed, color, sex, pregnancy, physical disability, or 624
926-national origin pursuant to s. 509.092. 625
902+the requirements of this subsection by an advertising platform 601
903+or a person placing an advertisement on an advertising platform 602
904+for transient rental of a vacatio n rental. 603
905+ (2) An advertising platform must remove from public view 604
906+an advertisement or a listing from its online application, 605
907+software, website, or system within 15 business days after being 606
908+notified by the division in writing that the subject 607
909+advertisement or listing for the rental of a vacation rental 608
910+located in this state fails to display a valid license number 609
911+issued by the division. 610
912+ (3) If a guest uses a payment system on or through an 611
913+advertising platform to pay for the rental of a vacation rental 612
914+located in this state, the advertising platform must collect and 613
915+remit all taxes due under ss. 125.0104, 125.0108, 205.044, 614
916+212.03, 212.0305, and 212.055 related to the rental as provided 615
917+in s. 212.03(2)(b). 616
918+ (4) If the division has probable cause to bel ieve that a 617
919+person not licensed by the division has violated this chapter or 618
920+any rule adopted pursuant thereto, the division may issue and 619
921+deliver to such person a notice to cease and desist from the 620
922+violation. The issuance of a notice to cease and desist does not 621
923+constitute agency action for which a hearing under s. 120.569 or 622
924+s. 120.57 may be sought. For the purpose of enforcing a cease 623
925+and desist notice, the division may file a proceeding in the 624
926+name of the state seeking the issuance of an injunction or a 625
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939- (7) Advertising platforms that comply with the 626
940-requirements of this section are deemed to be in compliance with 627
941-the requirements of this chapter. This section d oes not create 628
942-and is not intended to create a private cause of action against 629
943-advertising platforms. An advertising platform may not be held 630
944-liable for any action it takes voluntarily in good faith in 631
945-relation to its users to comply with this chapter or t he 632
946-advertising platform's terms of service. 633
947- Section 6. Subsections (10) and (11) are added to section 634
948-509.261, Florida Statutes, to read: 635
949- 509.261 Revocation or suspension of licenses; fines; 636
950-procedure.— 637
951- (10) The division may revoke, refuse to issue or renew, or 638
952-suspend for a period of not more than 30 days a vacation rental 639
953-license when: 640
954- (a) The operation of the subject premises violates the 641
955-terms of an applicable lease or property restriction, including 642
956-any property restriction adopted pursuant t o chapter 718, 643
957-chapter 719, or chapter 720, as determined by a final order of a 644
958-court of competent jurisdiction or a written decision by an 645
959-arbitrator authorized to arbitrate a dispute relating to the 646
960-subject property and a lease or property restriction; 647
961- (b) The owner or operator fails to provide proof of 648
962-registration, if required by local law, ordinance, or 649
963-regulation; or 650
939+writ of mandamus against any person who violates any provision 626
940+of the notice. If the division is required to seek enforcement 627
941+of the notice for a penalty pursuant to s. 120.69, it is 628
942+entitled to collect attorney fees and costs, together with any 629
943+cost of collection. 630
944+ (5) The division may fine an advertising platform an 631
945+amount not to exceed $1,000 per offense for violations of this 632
946+section or of the rules of the division. For the purposes of 633
947+this subsection, the division may regard as a separate offense 634
948+each day or portion of a day in which an advertising platform is 635
949+operated in violation of this section or rules of the division. 636
950+The division shall issue a written warning or notice and provide 637
951+the advertising platform 15 days to cure a violation before 638
952+commencing any legal proceeding under subsection (4). 639
953+ (6) Advertising platforms shall adopt an 640
954+antidiscrimination policy to help prevent discrimination among 641
955+their users and shall inform all users of their services that it 642
956+is illegal to refuse accommodation to an individual based on 643
957+race, creed, color, sex, pregnancy, physical disability, or 644
958+national origin pursuant to s. 509.092. 645
959+ (7) Advertising platforms that comply with the 646
960+requirements of this section are deemed to be in compliance with 647
961+the requirements of this chapter. This section does not create 648
962+and is not intended to create a private cause of action against 649
963+advertising platforms. An advertising platform may not be held 650
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972972 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
973973
974974
975975
976- (c) The premises and its owner are the subject of a final 651
977-order or judgment lawfully directing the termination of the 652
978-premises' use as a vacation rental. 653
979- (11) The division may suspend, for a period of not more 654
980-than 30 days, a vacation rental license when the owner or 655
981-operator has been found by the code enforcement board, pursuant 656
982-to s. 162.06, to have two or more code violations related to the 657
983-vacation rental during a period of 90 days. The division shall 658
984-issue a written warning or notice and provide an opportunity to 659
985-cure a violation before commencing any legal proceeding under 660
986-this subsection. 661
987- Section 7. Paragraph (n) of sub section (2) of section 662
988-775.21, Florida Statutes, is amended to read: 663
989- 775.21 The Florida Sexual Predators Act. — 664
990- (2) DEFINITIONS.—As used in this section, the term: 665
991- (n) "Temporary residence" means a place where the person 666
992-abides, lodges, or resides, in cluding, but not limited to, 667
993-vacation, business, or personal travel destinations in or out of 668
994-this state, for a period of 3 or more days in the aggregate 669
995-during any calendar year and which is not the person's permanent 670
996-address or, for a person whose perman ent residence is not in 671
997-this state, a place where the person is employed, practices a 672
998-vocation, or is enrolled as a student for any period of time in 673
999-this state. The term also includes a vacation rental, as defined 674
1000-in s. 509.242(1)(c), where a person lodge s for 24 hours or more. 675
976+liable for any action it takes voluntarily in good faith in 651
977+relation to its users to comply with this chapter or the 652
978+advertising platform's terms of service. 653
979+ Section 6. Subsections (10) and (11) are added to section 654
980+509.261, Florida Statutes, to read: 655
981+ 509.261 Revocation or suspension of licenses; fines; 656
982+procedure.— 657
983+ (10) The division may revoke, refuse to issue or renew, or 658
984+suspend for a period of not more than 30 days a vacation rental 659
985+license when: 660
986+ (a) The operation of the subject premises violates the 661
987+terms of an applicable lease or property restriction, including 662
988+any property restriction adopted pursuant to chapter 718, 663
989+chapter 719, or chapter 720, as determined by a final order of a 664
990+court of competent jurisdiction or a written decision by an 665
991+arbitrator authorized to arbitrate a dispute relating to the 666
992+subject property and a lease or property restriction; 667
993+ (b) The owner or operator fails to provide proof of 668
994+registration, if required by local law, ordinance, or 669
995+regulation; 670
996+ (c) The registration of the vacation rental is terminated 671
997+by a local government as provided in s. 5 09.032(7)(b)5.; or 672
998+ (d) The premises and its owner are the subject of a final 673
999+order or judgment lawfully directing the termination of the 674
1000+premises' use as a vacation rental. 675
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10091009 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
10101010
10111011
10121012
1013- Section 8. Subsection (12) of section 159.27, Florida 676
1014-Statutes, is amended to read: 677
1015- 159.27 Definitions. —The following words and terms, unless 678
1016-the context clearly indicates a different meaning, shall have 679
1017-the following meanings : 680
1018- (12) "Public lodging or restaurant facility" means 681
1019-property used for any public lodging establishment as defined in 682
1020-s. 509.242 or public food service establishment as defined in s. 683
1021-509.013 s. 509.013(5) if it is part of the complex of, or 684
1022-necessary to, another facility qualifying under this part. 685
1023- Section 9. Paragraph (jj) of subsection (7) of section 686
1024-212.08, Florida Statutes, is amended to read: 687
1025- 212.08 Sales, rental, use, consumption, distribution, and 688
1026-storage tax; specified exemptions. —The sale at retail, the 689
1027-rental, the use, the consumption, the distribution, and the 690
1028-storage to be used or consumed in this state of the following 691
1029-are hereby specifically exempt from the tax imposed by this 692
1030-chapter. 693
1031- (7) MISCELLANEOUS EXEMPTIONS. —Exemptions provided to any 694
1032-entity by this chapter do not inure to any transaction that is 695
1033-otherwise taxable under this chapter when payment is made by a 696
1034-representative or employee of the entity by any means, 697
1035-including, but not limited to, cash, check, or credit card, even 698
1036-when that representative or employee is subsequently reimbursed 699
1037-by the entity. In addition, exemptions provided to any entity by 700
1013+ (11) The division may suspend, for a period of not more 676
1014+than 30 days, a vacatio n rental license when the owner or 677
1015+operator has been found by the code enforcement board, pursuant 678
1016+to s. 162.06, to have two or more code violations related to the 679
1017+vacation rental during a period of 90 days. The division shall 680
1018+issue a written warning or no tice and provide an opportunity to 681
1019+cure a violation before commencing any legal proceeding under 682
1020+this subsection. 683
1021+ Section 7. Paragraph (n) of subsection (2) of section 684
1022+775.21, Florida Statutes, is amended to read: 685
1023+ 775.21 The Florida Sexual Predators Act.— 686
1024+ (2) DEFINITIONS.—As used in this section, the term: 687
1025+ (n) "Temporary residence" means a place where the person 688
1026+abides, lodges, or resides, including, but not limited to, 689
1027+vacation, business, or personal travel destinations in or out of 690
1028+this state, for a period of 3 or more days in the aggregate 691
1029+during any calendar year and which is not the person's permanent 692
1030+address or, for a person whose permanent residence is not in 693
1031+this state, a place where the person is employed, practices a 694
1032+vocation, or is enrol led as a student for any period of time in 695
1033+this state. The term also includes a vacation rental, as defined 696
1034+in s. 509.242(1)(c), where a person lodges for 24 hours or more. 697
1035+ Section 8. Subsection (12) of section 159.27, Florida 698
1036+Statutes, is amended to r ead: 699
1037+ 159.27 Definitions. —The following words and terms, unless 700
10381038
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10461046 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
10471047
10481048
10491049
1050-this subsection do not inure to any transaction that is 701
1051-otherwise taxable under this chapter unless the entity has 702
1052-obtained a sales tax exemption certificate from the department 703
1053-or the entity obtains or provides other documentation as 704
1054-required by the department. Eligible purchases or leases made 705
1055-with such a certificate must be in strict compliance with this 706
1056-subsection and department al rules, and any person who makes an 707
1057-exempt purchase with a certificate that is not in strict 708
1058-compliance with this subsection and the rules is liable for and 709
1059-shall pay the tax. The department may adopt rules to administer 710
1060-this subsection. 711
1061- (jj) Complimentary meals.—Also exempt from the tax imposed 712
1062-by this chapter are food or drinks that are furnished as part of 713
1063-a packaged room rate by any person offering for rent or lease 714
1064-any transient living accommodations as described in s. 509.013 715
1065-s. 509.013(4)(a) which are licensed under part I of chapter 509 716
1066-and which are subject to the tax under s. 212.03, if a separate 717
1067-charge or specific amount for the food or drinks is not shown. 718
1068-Such food or drinks are considered to be sold at retail as part 719
1069-of the total charge fo r the transient living accommodations. 720
1070-Moreover, the person offering the accommodations is not 721
1071-considered to be the consumer of items purchased in furnishing 722
1072-such food or drinks and may purchase those items under 723
1073-conditions of a sale for resale. 724
1074- Section 10. Paragraph (b) of subsection (4) of section 725
1050+the context clearly indicates a different meaning, shall have 701
1051+the following meanings: 702
1052+ (12) "Public lodging or restaurant facility" means 703
1053+property used for any public lodging establishment a s defined in 704
1054+s. 509.242 or public food service establishment as defined in s. 705
1055+509.013 s. 509.013(5) if it is part of the complex of, or 706
1056+necessary to, another facility qualifying under this part. 707
1057+ Section 9. Paragraph (jj) of subsection (7) of section 708
1058+212.08, Florida Statutes, is amended to read: 709
1059+ 212.08 Sales, rental, use, consumption, distribution, and 710
1060+storage tax; specified exemptions. —The sale at retail, the 711
1061+rental, the use, the consumption, the distribution, and the 712
1062+storage to be used or consumed in this state of the following 713
1063+are hereby specifically exempt from the tax imposed by this 714
1064+chapter. 715
1065+ (7) MISCELLANEOUS EXEMPTIONS. —Exemptions provided to any 716
1066+entity by this chapter do not inure to any transaction that is 717
1067+otherwise taxable under this chapter when payment is made by a 718
1068+representative or employee of the entity by any means, 719
1069+including, but not limited to, cash, check, or credit card, even 720
1070+when that representative or employee is subsequently reimbursed 721
1071+by the entity. In addition, exemptions provid ed to any entity by 722
1072+this subsection do not inure to any transaction that is 723
1073+otherwise taxable under this chapter unless the entity has 724
1074+obtained a sales tax exemption certificate from the department 725
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10851085
10861086
1087-316.1955, Florida Statutes, is amended to read: 726
1088- 316.1955 Enforcement of parking requirements for persons 727
1089-who have disabilities. — 728
1090- (4) 729
1091- (b) Notwithstanding paragraph (a), a theme park or an 730
1092-entertainment complex as defined in s. 509.013 s. 509.013(9) 731
1093-which provides parking in designated areas for persons who have 732
1094-disabilities may allow any vehicle that is transporting a person 733
1095-who has a disability to remain parked in a space reserved for 734
1096-persons who have disabilities throughout the period the theme 735
1097-park is open to the public for that day. 736
1098- Section 11. Subsection (5) of section 404.056, Florida 737
1099-Statutes, is amended to read: 738
1100- 404.056 Environmental radiation standards and projects; 739
1101-certification of persons performing measurement or mitigation 740
1102-services; mandatory testing; notification on real estate 741
1103-documents; rules.— 742
1104- (5) NOTIFICATION ON REAL ESTATE DOCUMENTS. —Notification 743
1105-shall be provided on at least one document, form, or application 744
1106-executed at the time of, or before prior to, contract for sale 745
1107-and purchase of any building or execution of a rental agreement 746
1108-for any building. Such notification must shall contain the 747
1109-following language: 748
1110- 749
1111- "RADON GAS: Radon is a naturally occurring radioactive gas 750
1087+or the entity obtains or provides other documentation as 726
1088+required by the department. Eligible purchases or leases made 727
1089+with such a certificate must be in strict compliance with this 728
1090+subsection and departmental rules, and any person who makes an 729
1091+exempt purchase with a certificate that is not in strict 730
1092+compliance with this subsection and the rules is liable for and 731
1093+shall pay the tax. The department may adopt rules to administer 732
1094+this subsection. 733
1095+ (jj) Complimentary meals. —Also exempt from the tax imposed 734
1096+by this chapter are food or drinks that are furnished as part of 735
1097+a packaged room rate by any person offering for rent or lease 736
1098+any transient living accommodations as described in s. 509.013 737
1099+s. 509.013(4)(a) which are licensed under part I of chapter 509 738
1100+and which are subject to the tax under s. 212.03, if a separate 739
1101+charge or specific amount for the food or drinks is not shown. 740
1102+Such food or drinks are considered to be sold at retail as part 741
1103+of the total charge for the trans ient living accommodations. 742
1104+Moreover, the person offering the accommodations is not 743
1105+considered to be the consumer of items purchased in furnishing 744
1106+such food or drinks and may purchase those items under 745
1107+conditions of a sale for resale. 746
1108+ Section 10. Paragraph (b) of subsection (4) of section 747
1109+316.1955, Florida Statutes, is amended to read: 748
1110+ 316.1955 Enforcement of parking requirements for persons 749
1111+who have disabilities. — 750
11121112
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11201120 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
11211121
11221122
11231123
1124-that, when it has accumulated in a building in suffici ent 751
1125-quantities, may present health risks to persons who are exposed 752
1126-to it over time. Levels of radon that exceed federal and state 753
1127-guidelines have been found in buildings in Florida. Additional 754
1128-information regarding radon and radon testing may be obtained 755
1129-from your county health department." 756
1130- 757
1131-The requirements of this subsection do not apply to any 758
1132-residential transient occupancy, as described in s. 509.013 s. 759
1133-509.013(12), provided that such occupancy is 45 days or less in 760
1134-duration. 761
1135- Section 12. Subsectio n (6) of section 477.0135, Florida 762
1136-Statutes, is amended to read: 763
1137- 477.0135 Exemptions. — 764
1138- (6) A license is not required of any individual providing 765
1139-makeup or special effects services in a theme park or 766
1140-entertainment complex to an actor, stunt person, musi cian, 767
1141-extra, or other talent, or providing makeup or special effects 768
1142-services to the general public. The term "theme park or 769
1143-entertainment complex" has the same meaning as in s. 509.013 s. 770
1144-509.013(9). 771
1145- Section 13. Paragraph (b) of subsection (2) of sect ion 772
1146-509.221, Florida Statutes, is amended to read: 773
1147- 509.221 Sanitary regulations. — 774
1148- (2) 775
1124+ (4) 751
1125+ (b) Notwithstanding paragraph (a), a theme park or an 752
1126+entertainment complex as d efined in s. 509.013 s. 509.013(9) 753
1127+which provides parking in designated areas for persons who have 754
1128+disabilities may allow any vehicle that is transporting a person 755
1129+who has a disability to remain parked in a space reserved for 756
1130+persons who have disabilities throughout the period the theme 757
1131+park is open to the public for that day. 758
1132+ Section 11. Subsection (5) of section 404.056, Florida 759
1133+Statutes, is amended to read: 760
1134+ 404.056 Environmental radiation standards and projects; 761
1135+certification of persons performing measurement or mitigation 762
1136+services; mandatory testing; notification on real estate 763
1137+documents; rules.— 764
1138+ (5) NOTIFICATION ON REAL ESTATE DOCUMENTS. —Notification 765
1139+shall be provided on at least one document, form, or application 766
1140+executed at the time of, or before prior to, contract for sale 767
1141+and purchase of any building or execution of a rental agreement 768
1142+for any building. Such notification must shall contain the 769
1143+following language: 770
1144+ 771
1145+ "RADON GAS: Radon is a naturally occurring radioactive gas 772
1146+that, when it has ac cumulated in a building in sufficient 773
1147+quantities, may present health risks to persons who are exposed 774
1148+to it over time. Levels of radon that exceed federal and state 775
11491149
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11601160
1161- (b) Within a theme park or entertainment complex as 776
1162-defined in s. 509.013 s. 509.013(9), the bathrooms are not 777
1163-required to be in the same building as the public food service 778
1164-establishment, so long as they are reasonably accessible. 779
1165- Section 14. Paragraph (b) of subsection (5) of section 780
1166-553.5041, Florida Statutes, is amended to read: 781
1167- 553.5041 Parking spaces for persons who have 782
1168-disabilities.— 783
1169- (5) Accessible perpendicular and diagonal accessible 784
1170-parking spaces and loading zones must be designed and located to 785
1171-conform to ss. 502 and 503 of the standards. 786
1172- (b) If there are multiple entrances or multiple retail 787
1173-stores, the parking spaces must be dispersed to provid e parking 788
1174-at the nearest accessible entrance. If a theme park or an 789
1175-entertainment complex as defined in s. 509.013 s. 509.013(9) 790
1176-provides parking in several lots or areas from which access to 791
1177-the theme park or entertainment complex is provided, a single 792
1178-lot or area may be designated for parking by persons who have 793
1179-disabilities, if the lot or area is located on the shortest 794
1180-accessible route to an accessible entrance to the theme park or 795
1181-entertainment complex or to transportation to such an accessible 796
1182-entrance. 797
1183- Section 15. Paragraph (b) of subsection (5) of section 798
1184-559.955, Florida Statutes, is amended to read: 799
1185- 559.955 Home-based businesses; local government 800
1161+guidelines have been found in buildings in Florida. Additional 776
1162+information regarding radon and radon testing may be obtained 777
1163+from your county health department." 778
1164+ 779
1165+The requirements of this subsection do not apply to any 780
1166+residential transient occupancy, as described in s. 509.013 s. 781
1167+509.013(12), provided that such occupancy is 45 days or less in 782
1168+duration. 783
1169+ Section 12. Subsection (6) of section 477.0135, Florida 784
1170+Statutes, is amended to read: 785
1171+ 477.0135 Exemptions. — 786
1172+ (6) A license is not required of any individual providing 787
1173+makeup or special effects services in a theme park or 788
1174+entertainment complex to an actor, stunt person, musician, 789
1175+extra, or other talent, or providing makeup or special effects 790
1176+services to the gener al public. The term "theme park or 791
1177+entertainment complex" has the same meaning as in s. 509.013 s. 792
1178+509.013(9). 793
1179+ Section 13. Paragraph (b) of subsection (2) of section 794
1180+509.221, Florida Statutes, is amended to read: 795
1181+ 509.221 Sanitary regulations. — 796
1182+ (2) 797
1183+ (b) Within a theme park or entertainment complex as 798
1184+defined in s. 509.013 s. 509.013(9), the bathrooms are not 799
1185+required to be in the same building as the public food service 800
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11941194 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
11951195
11961196
11971197
1198-restrictions.— 801
1199- (5) The application of this section does not supersede: 802
1200- (b) Local laws, ordina nces, or regulations related to 803
1201-transient public lodging establishments, as defined in s. 804
1202-509.013 s. 509.013(4)(a)1., that are not otherwise preempted 805
1203-under chapter 509. 806
1204- Section 16. Subsection (2) of section 705.17, Florida 807
1205-Statutes, is amended to read : 808
1206- 705.17 Exceptions.— 809
1207- (2) Sections 705.1015 -705.106 do not apply to any personal 810
1208-property lost or abandoned on premises located within a theme 811
1209-park or entertainment complex, as defined in s. 509.013 s. 812
1210-509.013(9), or operated as a zoo, a museum, or an aquarium, or 813
1211-on the premises of a public food service establishment or a 814
1212-public lodging establishment licensed under part I of chapter 815
1213-509, if the owner or operator of such premises elects to comply 816
1214-with s. 705.185. 817
1215- Section 17. Section 705.185, Florida Statutes, is amended 818
1216-to read: 819
1217- 705.185 Disposal of personal property lost or abandoned on 820
1218-the premises of certain facilities. —When any lost or abandoned 821
1219-personal property is found on premises located within a theme 822
1220-park or entertainment complex, as defin ed in s. 509.013 s. 823
1221-509.013(9), or operated as a zoo, a museum, or an aquarium, or 824
1222-on the premises of a public food service establishment or a 825
1198+establishment, so long as they are reasonably accessible. 801
1199+ Section 14. Paragra ph (b) of subsection (5) of section 802
1200+553.5041, Florida Statutes, is amended to read: 803
1201+ 553.5041 Parking spaces for persons who have 804
1202+disabilities.— 805
1203+ (5) Accessible perpendicular and diagonal accessible 806
1204+parking spaces and loading zones must be designed and l ocated to 807
1205+conform to ss. 502 and 503 of the standards. 808
1206+ (b) If there are multiple entrances or multiple retail 809
1207+stores, the parking spaces must be dispersed to provide parking 810
1208+at the nearest accessible entrance. If a theme park or an 811
1209+entertainment complex as defined in s. 509.013 s. 509.013(9) 812
1210+provides parking in several lots or areas from which access to 813
1211+the theme park or entertainment complex is provided, a single 814
1212+lot or area may be designated for parking by persons who have 815
1213+disabilities, if the lot or ar ea is located on the shortest 816
1214+accessible route to an accessible entrance to the theme park or 817
1215+entertainment complex or to transportation to such an accessible 818
1216+entrance. 819
1217+ Section 15. Paragraph (b) of subsection (5) of section 820
1218+559.955, Florida Statutes, i s amended to read: 821
1219+ 559.955 Home-based businesses; local government 822
1220+restrictions.— 823
1221+ (5) The application of this section does not supersede: 824
1222+ (b) Local laws, ordinances, or regulations related to 825
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12331233
12341234
1235-public lodging establishment licensed under part I of chapter 826
1236-509, if the owner or operator of such premises elec ts to comply 827
1237-with this section, any lost or abandoned property must be 828
1238-delivered to such owner or operator, who must take charge of the 829
1239-property and make a record of the date such property was found. 830
1240-If the property is not claimed by its owner within 30 da ys after 831
1241-it is found, or a longer period of time as may be deemed 832
1242-appropriate by the owner or operator of the premises, the owner 833
1243-or operator of the premises may not sell and must dispose of the 834
1244-property or donate it to a charitable institution that is exe mpt 835
1245-from federal income tax under s. 501(c)(3) of the Internal 836
1246-Revenue Code for sale or other disposal as the charitable 837
1247-institution deems appropriate. The rightful owner of the 838
1248-property may reclaim the property from the owner or operator of 839
1249-the premises at any time before the disposal or donation of the 840
1250-property in accordance with this section and the established 841
1251-policies and procedures of the owner or operator of the 842
1252-premises. A charitable institution that accepts an electronic 843
1253-device, as defined in s. 81 5.03(9), access to which is not 844
1254-secured by a password or other personal identification 845
1255-technology, shall make a reasonable effort to delete all 846
1256-personal data from the electronic device before its sale or 847
1257-disposal. 848
1258- Section 18. Section 717.1355, Florida Statutes, is amended 849
1259-to read: 850
1235+transient public lodging establishments, as defined in s. 826
1236+509.013 s. 509.013(4)(a)1., that are not otherwise preempted 827
1237+under chapter 509. 828
1238+ Section 16. Subsection (2) of section 705.17, Florida 829
1239+Statutes, is amended to read: 830
1240+ 705.17 Exceptions.— 831
1241+ (2) Sections 705.1015 -705.106 do not apply to any personal 832
1242+property lost or abandoned on premises located within a theme 833
1243+park or entertainment complex, as defined in s. 509.013 s. 834
1244+509.013(9), or operated as a zoo, a museum, or an aquarium, or 835
1245+on the premises of a public food service establishment or a 836
1246+public lodging establishment licensed under part I of chapter 837
1247+509, if the owner or operator of such premises elects to comply 838
1248+with s. 705.185. 839
1249+ Section 17. Section 705.185, Florida Statutes, is amended 840
1250+to read: 841
1251+ 705.185 Disposal of personal property lost or abandoned o n 842
1252+the premises of certain facilities. —When any lost or abandoned 843
1253+personal property is found on premises located within a theme 844
1254+park or entertainment complex, as defined in s. 509.013 s. 845
1255+509.013(9), or operated as a zoo, a museum, or an aquarium, or 846
1256+on the premises of a public food service establishment or a 847
1257+public lodging establishment licensed under part I of chapter 848
1258+509, if the owner or operator of such premises elects to comply 849
1259+with this section, any lost or abandoned property must be 850
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12651265 CODING: Words stricken are deletions; words underlined are additions.
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12681268 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
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12711271
1272- 717.1355 Theme park and entertainment complex tickets. —851
1273-This chapter does not apply to any tickets for admission to a 852
1274-theme park or entertainment complex as defined in s. 509.013 s. 853
1275-509.013(9), or to any tickets to a permanen t exhibition or 854
1276-recreational activity within such theme park or entertainment 855
1277-complex. 856
1278- Section 19. Subsection (8) of section 877.24, Florida 857
1279-Statutes, is amended to read: 858
1280- 877.24 Nonapplication of s. 877.22. —Section 877.22 does 859
1281-not apply to a minor wh o is: 860
1282- (8) Attending an organized event held at and sponsored by 861
1283-a theme park or entertainment complex as defined in s. 509.013 862
1284-s. 509.013(9). 863
1285- Section 20. The application of this act does not supersede 864
1286-any current or future declaration or declaration of condominium 865
1287-adopted pursuant to chapter 718, Florida Statutes, cooperative 866
1288-document adopted pursuant to chapter 719, Florida Statutes, or 867
1289-declaration or declaration of covenant adopted pursuant to 868
1290-chapter 720, Florida Statutes. 869
1291- Section 21. (1) The Department of Revenue is authorized, 870
1292-and all conditions are deemed to be met, to adopt emergency 871
1293-rules pursuant to s. 120.54(4), Florida Statutes, for the 872
1294-purpose of implementing s. 212.03, Florida Statutes, including 873
1295-establishing procedures to facilitate the remittance of taxes. 874
1296- (2) Notwithstanding any other law, emergency rules adopted 875
1272+delivered to such owner or operator, who must take charge of the 851
1273+property and make a record of the date such property was found. 852
1274+If the property is not claimed by its owner within 30 days after 853
1275+it is found, or a longer period of time as may be deemed 854
1276+appropriate by the owner or operator of the premises, the owner 855
1277+or operator of the premises may not sell and must dispose of the 856
1278+property or donate it to a charitable institution that is exempt 857
1279+from federal income tax under s. 501(c)(3) of the Internal 858
1280+Revenue Code for sale or ot her disposal as the charitable 859
1281+institution deems appropriate. The rightful owner of the 860
1282+property may reclaim the property from the owner or operator of 861
1283+the premises at any time before the disposal or donation of the 862
1284+property in accordance with this section and the established 863
1285+policies and procedures of the owner or operator of the 864
1286+premises. A charitable institution that accepts an electronic 865
1287+device, as defined in s. 815.03(9), access to which is not 866
1288+secured by a password or other personal identification 867
1289+technology, shall make a reasonable effort to delete all 868
1290+personal data from the electronic device before its sale or 869
1291+disposal. 870
1292+ Section 18. Section 717.1355, Florida Statutes, is amended 871
1293+to read: 872
1294+ 717.1355 Theme park and entertainment complex tickets. —873
1295+This chapter does not apply to any tickets for admission to a 874
1296+theme park or entertainment complex as defined in s. 509.013 s. 875
12971297
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13051305 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
13061306
13071307
13081308
1309-pursuant to subsection (1) are effective for 6 months after 876
1310-adoption and may be renewed during the pendency of procedures to 877
1311-adopt permanent rules addressing the subject of the emergency 878
1312-rules. 879
1313- (3) This section expires January 1, 2026. 880
1314- Section 22. Except as otherwise expressly provided in this 881
1315-act, this act shall take effect upon becoming a law. 882
1309+509.013(9), or to any tickets to a permanent exhibition or 876
1310+recreational activity within such theme park or entertainment 877
1311+complex. 878
1312+ Section 19. Subsection (8) of section 877.24, Florida 879
1313+Statutes, is amended to read: 880
1314+ 877.24 Nonapplication of s. 877.22. —Section 877.22 does 881
1315+not apply to a minor who is: 882
1316+ (8) Attending an organized event held at and sponsored by 883
1317+a theme park or entertai nment complex as defined in s. 509.013 884
1318+s. 509.013(9). 885
1319+ Section 20. The application of this act does not supersede 886
1320+any current or future declaration or declaration of condominium 887
1321+adopted pursuant to chapter 718, Florida Statutes, cooperative 888
1322+document adopted pursuant to chapter 719, Florida Statutes, or 889
1323+declaration or declaration of covenant adopted pursuant to 890
1324+chapter 720, Florida Statutes. 891
1325+ Section 21. (1) The Department of Revenue is authorized, 892
1326+and all conditions are deemed to be met, to adopt eme rgency 893
1327+rules pursuant to s. 120.54(4), Florida Statutes, for the 894
1328+purpose of implementing s. 212.03, Florida Statutes, including 895
1329+establishing procedures to facilitate the remittance of taxes. 896
1330+ (2) Notwithstanding any other law, emergency rules adopted 897
1331+pursuant to subsection (1) are effective for 6 months after 898
1332+adoption and may be renewed during the pendency of procedures to 899
1333+adopt permanent rules addressing the subject of the emergency 900
1334+
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1339+CODING: Words stricken are deletions; words underlined are additions.
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1342+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
1343+
1344+
1345+
1346+rules. 901
1347+ (3) This section expires January 1, 2026. 902
1348+ Section 22. Except as otherwise expressly provided in this 903
1349+act, this act shall take effect upon becoming a law. 904