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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
A bill to be entitled 1
An act relating to vacation rentals; amending s. 2
212.03, F.S.; requiring advertising platforms to 3
collect and remit taxes for certain transactions; 4
reordering and amending s. 509.013, F.S.; defining the 5
term "advertising platform"; amending s. 509.032, 6
F.S.; revising the regulated activities of public 7
lodging establishments and public food service 8
establishments preempted to the state to include 9
licensing; revising an exemption to the prohibition 10
against certain local regulation of vacation rentals; 11
expanding the authority of local laws, ordinances, or 12
regulations to include requiring vacation rentals to 13
register with local vacation rental registration 14
programs; authorizing local governments to adopt 15
vacation rental registration programs; providing 16
construction; authorizing local governments to charge 17
fees for processing registration applications; 18
specifying requirements, procedures, and limitations 19
for local vacation rental registration programs; 20
preempting the regulation of advertising platforms to 21
the state; conforming a cross -reference; amending s. 22
509.241, F.S.; requiring applications for vacation 23
rental licenses to include certain information; 24
authorizing the Division of Hotels and Restaurants of 25
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the Department of Business and Professional Regulation 26
to issue temporary licenses upon receipt of vacation 27
rental license applications; providing for expiration 28
of temporary vacation rental licenses; requiring 29
licenses issued by the division to be displayed 30
conspicuously to the public inside the licensed 31
establishment; requiring the owner or operator of 32
certain vacation rentals to also display its vacation 33
rental license number and applicable local 34
registration number; creating s. 509.243, F.S.; 35
requiring advertising platforms to require that 36
persons placing adve rtisements for vacation rentals 37
include certain information in the advertisements and 38
attest to certain information; requiring advertising 39
platforms to display and check such information; 40
requiring the division to maintain certain information 41
in a readily accessible electronic format by a certain 42
date; requiring advertising platforms to remove an 43
advertisement or listing under certain conditions and 44
within a specified timeframe; requiring advertising 45
platforms to collect and remit taxes for certain 46
transactions; authorizing the division to issue and 47
deliver a notice to cease and desist for certain 48
violations; providing that such notice does not 49
constitute agency action for which certain hearings 50
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may be sought; authorizing the division to file 51
certain proceedings; authorizing the division to seek 52
certain remedies for the purpose of enforcing a cease 53
and desist notice; authorizing the division to collect 54
attorney fees and costs under certain circumstances; 55
authorizing the division to impose a fine on 56
advertising platforms for certain violations; 57
requiring the division to issue written warnings or 58
notices before commencing certain legal proceedings; 59
requiring advertising platforms to adopt an 60
antidiscrimination policy and to inform their users of 61
the policy's provisions; providing construction; 62
amending s. 509.261, F.S.; authorizing the division to 63
revoke, refuse to issue or renew, or suspend vacation 64
rental licenses under certain circumstances; amending 65
s. 775.21, F.S.; revising the definition of the term 66
"temporary residence"; amending ss. 159.27, 212.08, 67
316.1955, 404.056, 477.0135, 509.221, 553.5041, 68
559.955, 705.17, 705.185, 717.1355, and 877.24, F.S.; 69
conforming cross-references to changes made by the 70
act; providing applicability; authorizing the 71
Department of Revenue to adopt emergency rules; 72
providing requirements and an expiration for the 73
emergency rules; providing for the expiration of such 74
rulemaking authority; providing effective dates. 75
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76
Be It Enacted by the Legislature of the State of Florida: 77
78
Section 1. Effective January 1, 2024, subsection (2) of 79
section 212.03, Florida Statutes, is amended to read: 80
212.03 Transient rentals tax; rate, procedure, 81
enforcement, exemptions. — 82
(2)(a) The tax provided for herein shall be in addition to 83
the total amount of the rental, shall be charged by the lessor 84
or person receiving the rent in and by said rental arrangement 85
to the lessee or person paying the rental, and shall be due and 86
payable at the time of the receipt of such rental payment by the 87
lessor or person, as defined in this chapter, who receives said 88
rental or payment. The owner, lessor, or person receiving the 89
rent shall remit the tax to the department at the times and in 90
the manner hereinafter provided for dealers to remit taxes under 91
this chapter. The same duties imposed by this chapter upon 92
dealers in tangible personal property respecting the collection 93
and remission of the tax; the making of returns; the keeping of 94
books, records, and accounts; and the compliance with the rules 95
and regulations of the department in the administration of this 96
chapter shall apply to and be binding upon all persons who 97
manage or operate hotels, apartment houses, roominghouses, 98
tourist and trailer camps, and the rental of condominium units, 99
and to all persons who col lect or receive such rents on behalf 100
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of such owner or lessor taxable under this chapter. 101
(b) If a guest uses a payment system on or through an 102
advertising platform, as defined in s. 509.013, to pay for the 103
rental of a vacation rental located in this stat e, the 104
advertising platform shall collect and remit taxes as provided 105
in this paragraph. 106
1. An advertising platform, as defined in s. 509.013, 107
which owns, operates, or manages a vacation rental or which is 108
related within the meaning of ss. 267(b), 707(b) , or 1504 of the 109
Internal Revenue Code of 1986, as amended, to a person who owns, 110
operates, or manages the vacation rental shall collect and remit 111
all taxes due under this section and ss. 125.0104, 125.0108, 112
212.0305, and 212.055 which are related to the r ental. 113
2. An advertising platform to which subparagraph 1. does 114
not apply shall collect and remit all taxes due from the owner, 115
operator, or manager under this section and ss. 125.0104, 116
125.0108, 212.0305, and 212.055 which are related to the rental. 117
Of the total amount paid by the lessee or rentee, the amount 118
retained by the advertising platform for reservation or payment 119
service is not taxable under this section or ss. 125.0104, 120
125.0108, 212.0305, and 212.055. 121
122
In order to facilitate the remittance of such taxes, the 123
counties that have elected to self -administer the taxes imposed 124
under chapter 125 must allow advertising platforms to register, 125
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collect, and remit such taxes. 126
Section 2. Section 509.013, Florida Statutes, is amended 127
to read: 128
509.013 Definitions.—As used in this chapter, the term: 129
(1) "Advertising platform" means a person as defined in s. 130
1.01 who: 131
(a) Provides an online application, software, a website, 132
or a system through which a vacation rental located in this 133
state is advertised or held out to the public as available to 134
rent for transient occupancy; 135
(b) Provides or maintains a marketplace for the renting of 136
a vacation rental for transient occupancy; and 137
(c) Provides a reservation or payment system that 138
facilitates a transaction for the renting of a vacation rental 139
for transient occupancy and for which the person collects or 140
receives, directly or indirectly, a fee in connection with the 141
reservation or payment service provided for the rental 142
transaction. 143
(2) "Director" means the Director of the Division of 144
Hotels and Restaurants of the Department of Business and 145
Professional Regulation. 146
(3)(1) "Division" means the Division of Hotels and 147
Restaurants of the Department of Business and Professional 148
Regulation. 149
(2) "Operator" means the owner, licensee, proprietor, 150
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lessee, manager, assistant manager, or appointed agent of a 151
public lodging establishment or public food service 152
establishment. 153
(4)(3) "Guest" means any patron, customer, tenant, lodger, 154
boarder, or occupant o f a public lodging establishment or public 155
food service establishment. 156
(5) "Nontransient" means a guest in nontransient 157
occupancy. 158
(6) "Nontransient establishment" means any public lodging 159
establishment that is rented or leased to guests by an operator 160
whose intention is that the dwelling unit occupied will be the 161
sole residence of the guest. 162
(7) "Nontransient occupancy" means occupancy when it is 163
the intention of the parties that the occupancy will not be 164
temporary. There is a rebuttable presumption that, when the 165
dwelling unit occupied is the sole residence of the guest, the 166
occupancy is nontransient. 167
(8) "Operator" means the owner, licensee, proprietor, 168
lessee, manager, assistant manager, or appointed agent of a 169
public lodging establishment or pub lic food service 170
establishment. 171
(4)(a) "Public lodging establishment" includes a transient 172
public lodging establishment as defined in subparagraph 1. and a 173
nontransient public lodging establishment as defined in 174
subparagraph 2. 175
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1. "Transient public lod ging establishment" means any 176
unit, group of units, dwelling, building, or group of buildings 177
within a single complex of buildings which is rented to guests 178
more than three times in a calendar year for periods of less 179
than 30 days or 1 calendar month, whic hever is less, or which is 180
advertised or held out to the public as a place regularly rented 181
to guests. 182
2. "Nontransient public lodging establishment" means any 183
unit, group of units, dwelling, building, or group of buildings 184
within a single complex of bui ldings which is rented to guests 185
for periods of at least 30 days or 1 calendar month, whichever 186
is less, or which is advertised or held out to the public as a 187
place regularly rented to guests for periods of at least 30 days 188
or 1 calendar month. License cla ssifications of public lodging 189
establishments, and the definitions therefor, are set out in s. 190
509.242. For the purpose of licensure, the term does not include 191
condominium common elements as defined in s. 718.103. 192
(b) The following are excluded from the definitions in 193
paragraph (a): 194
1. Any dormitory or other living or sleeping facility 195
maintained by a public or private school, college, or university 196
for the use of students, faculty, or visitors. 197
2. Any facility certified or licensed and regulated by t he 198
Agency for Health Care Administration or the Department of 199
Children and Families or other similar place regulated under s. 200
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381.0072. 201
3. Any place renting four rental units or less, unless the 202
rental units are advertised or held out to the public to be 203
places that are regularly rented to transients. 204
4. Any unit or group of units in a condominium, 205
cooperative, or timeshare plan and any individually or 206
collectively owned one -family, two-family, three-family, or 207
four-family dwelling house or dwelling uni t that is rented for 208
periods of at least 30 days or 1 calendar month, whichever is 209
less, and that is not advertised or held out to the public as a 210
place regularly rented for periods of less than 1 calendar 211
month, provided that no more than four rental unit s within a 212
single complex of buildings are available for rent. 213
5. Any migrant labor camp or residential migrant housing 214
permitted by the Department of Health under ss. 381.008 -215
381.00895. 216
6. Any establishment inspected by the Department of Health 217
and regulated by chapter 513. 218
7. Any nonprofit organization that operates a facility 219
providing housing only to patients, patients' families, and 220
patients' caregivers and not to the general public. 221
8. Any apartment building inspected by the United States 222
Department of Housing and Urban Development or other entity 223
acting on the department's behalf that is designated primarily 224
as housing for persons at least 62 years of age. The division 225
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may require the operator of the apartment building to attest in 226
writing that such building meets the criteria provided in this 227
subparagraph. The division may adopt rules to implement this 228
requirement. 229
9. Any roominghouse, boardinghouse, or other living or 230
sleeping facility that may not be classified as a hotel, motel, 231
timeshare project, vacation rental, nontransient apartment, bed 232
and breakfast inn, or transient apartment under s. 509.242. 233
(9)(a)(5)(a) "Public food service establishment" means any 234
building, vehicle, place, or structure, or any room or division 235
in a building, vehicle, place, or structure where food is 236
prepared, served, or sold for immediate consumption on or in the 237
vicinity of the premises; called for or taken out by customers; 238
or prepared before prior to being delivered to another location 239
for consumption. The term includes a culinary education program, 240
as defined in s. 381.0072(2), which offers, prepares, serves, or 241
sells food to the general public, regardless of whether it is 242
inspected by another state agency for compliance with sanitation 243
standards. 244
(b) The following are excluded from the definition in 245
paragraph (a): 246
1. Any place maintained and operated by a public or 247
private school, college, or university: 248
a. For the use of students and faculty; or 249
b. Temporarily to serve such events as fairs, carniva ls, 250
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food contests, cook-offs, and athletic contests. 251
2. Any eating place maintained and operated by a church or 252
a religious, nonprofit fraternal, or nonprofit civic 253
organization: 254
a. For the use of members and associates; or 255
b. Temporarily to serve such events as fairs, carnivals, 256
food contests, cook-offs, or athletic contests. 257
258
Upon request by the division, a church or a religious, nonprofit 259
fraternal, or nonprofit civic organization claiming an exclusion 260
under this subparagraph must provide the div ision documentation 261
of its status as a church or a religious, nonprofit fraternal, 262
or nonprofit civic organization. 263
3. Any eating place maintained and operated by an 264
individual or entity at a food contest, cook -off, or a temporary 265
event lasting from 1 to 3 days which is hosted by a church or a 266
religious, nonprofit fraternal, or nonprofit civic organization. 267
Upon request by the division, the event host must provide the 268
division documentation of its status as a church or a religious, 269
nonprofit fraternal, or nonprofit civic organization. 270
4. Any eating place located on an airplane, train, bus, or 271
watercraft that which is a common carrier. 272
5. Any eating place maintained by a facility certified or 273
licensed and regulated by the Agency for Health Care 274
Administration or the Department of Children and Families or 275
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other similar place that is regulated under s. 381.0072. 276
6. Any place of business issued a permit or inspected by 277
the Department of Agriculture and Consumer Services under s. 278
500.12. 279
7. Any place of business where the food available for 280
consumption is limited to ice, beverages with or without 281
garnishment, popcorn, or prepackaged items sold without 282
additions or preparation. 283
8. Any theater, if the primary use is as a theater and if 284
patron service is limited to food items customarily served to 285
the admittees of theaters. 286
9. Any vending machine that dispenses any food or 287
beverages other than potentially hazardous foods, as defined by 288
division rule. 289
10. Any vending machine that dispenses potentially 290
hazardous food and which is located in a facility regulated 291
under s. 381.0072. 292
11. Any research and development test kitchen limited to 293
the use of employees and which is not open to the general 294
public. 295
(6) "Director" means the Director of the Division of 296
Hotels and Restaurants of the Department of Business and 297
Professional Regulation. 298
(10)(a) "Public lodging establishment" includes a 299
transient public lodging establishment as defined in 300
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subparagraph 1. and a nontransient public lodging establishment 301
as defined in subparagraph 2. 302
1. "Transient public lodging establishment" means any 303
unit, group of units, dwelling, building, or group of buildings 304
within a single complex of buildings which is rented to guests 305
more than three times in a calendar year for periods of less 306
than 30 days or 1 calendar month, whichever is less, or which is 307
advertised or held out to the public as a place regularly rented 308
to guests. 309
2. "Nontransient public lodging establishment" means any 310
unit, group of units, dwelling, building , or group of buildings 311
within a single complex of buildings which is rented to guests 312
for periods of at least 30 days or 1 calendar month, whichever 313
is less, or which is advertised or held out to the public as a 314
place regularly rented to guests for period s of at least 30 days 315
or 1 calendar month. 316
317
License classifications of public lodging establishments, and 318
the definitions therefor, are set out in s. 509.242. For the 319
purpose of licensure, the term does not include condominium 320
common elements as defined in s. 718.103. 321
(b) The following are excluded from the definitions in 322
paragraph (a): 323
1. Any dormitory or other living or sleeping facility 324
maintained by a public or private school, college, or university 325
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for the use of students, faculty, or visitors. 326
2. Any facility certified or licensed and regulated by the 327
Agency for Health Care Administration or the Department of 328
Children and Families or other similar place regulated under s. 329
381.0072. 330
3. Any place renting four rental units or less, unless the 331
rental units are advertised or held out to the public to be 332
places that are regularly rented to transients. 333
4. Any unit or group of units in a condominium, 334
cooperative, or timeshare plan and any individually or 335
collectively owned one -family, two-family, three-family, or 336
four-family dwelling house or dwelling unit that is rented for 337
periods of at least 30 days or 1 calendar month, whichever is 338
less, and that is not advertised or held out to the public as a 339
place regularly rented for periods of less than 1 cale ndar 340
month, provided that no more than four rental units within a 341
single complex of buildings are available for rent. 342
5. Any migrant labor camp or residential migrant housing 343
permitted by the Department of Health under ss. 381.008 -344
381.00895. 345
6. Any establishment inspected by the Department of Health 346
and regulated by chapter 513. 347
7. Any nonprofit organization that operates a facility 348
providing housing only to patients, patients' families, and 349
patients' caregivers and not to the general public. 350
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8. Any apartment building inspected by the United States 351
Department of Housing and Urban Development or other entity 352
acting on the department's behalf that is designated primarily 353
as housing for persons at least 62 years of age. The division 354
may require the oper ator of the apartment building to attest in 355
writing that such building meets the criteria provided in this 356
subparagraph. The division may adopt rules to implement this 357
requirement. 358
9. Any roominghouse, boardinghouse, or other living or 359
sleeping facility that may not be classified as a hotel, motel, 360
timeshare project, vacation rental, nontransient apartment, bed 361
and breakfast inn, or transient apartment under s. 509.242. 362
(11)(7) "Single complex of buildings" means all buildings 363
or structures that are own ed, managed, controlled, or operated 364
under one business name and are situated on the same tract or 365
plot of land that is not separated by a public street or 366
highway. 367
(12)(8) "Temporary food service event" means any event of 368
30 days or less in duration where food is prepared, served, or 369
sold to the general public. 370
(13)(9) "Theme park or entertainment complex" means a 371
complex comprised of at least 25 contiguous acres owned a nd 372
controlled by the same business entity and which contains 373
permanent exhibitions and a variety of recreational activities 374
and has a minimum of 1 million visitors annually. 375
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(14)(10) "Third-party provider" means, for purposes of s. 376
509.049, any provider of an approved food safety training 377
program that provides training or such a training program to a 378
public food service establishment that is not under common 379
ownership or control with the provider. 380
(15) "Transient" means a guest in transient occupancy. 381
(16)(11) "Transient establishment" means any public 382
lodging establishment that is rented or leased to guests by an 383
operator whose intention is that such guests' occupancy will be 384
temporary. 385
(17)(12) "Transient occupancy" means occupancy when it is 386
the intention of the parties that the occupancy will be 387
temporary. There is a rebuttable presumption that, when the 388
dwelling unit occupied is not the sole residence of the guest, 389
the occupancy is transient. 390
(13) "Transient" means a guest in transient occupanc y. 391
(14) "Nontransient establishment" means any public lodging 392
establishment that is rented or leased to guests by an operator 393
whose intention is that the dwelling unit occupied will be the 394
sole residence of the guest. 395
(15) "Nontransient occupancy" mean s occupancy when it is 396
the intention of the parties that the occupancy will not be 397
temporary. There is a rebuttable presumption that, when the 398
dwelling unit occupied is the sole residence of the guest, the 399
occupancy is nontransient. 400
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(16) "Nontransient" m eans a guest in nontransient 401
occupancy. 402
Section 3. Paragraph (c) of subsection (3) and paragraphs 403
(a) and (b) of subsection (7) of section 509.032, Florida 404
Statutes, are amended, and paragraph (d) is added to subsection 405
(7) of that section, to read: 406
509.032 Duties.— 407
(3) SANITARY STANDARDS; EMERGENCIES; TEMPORARY FOOD 408
SERVICE EVENTS.—The division shall: 409
(c) Administer a public notification process for temporary 410
food service events and distribute educational materials that 411
address safe food storage, preparation, and service procedures. 412
1. Sponsors of temporary food service events shall notify 413
the division not less than 3 days before the scheduled event of 414
the type of food service proposed, the time and location of the 415
event, a complete list of food service vendors participating in 416
the event, the number of individual food service facilities each 417
vendor will operate at the event, and the identification number 418
of each food service vendor's current license as a public food 419
service establishment or tempo rary food service event licensee. 420
Notification may be completed orally, by telephone, in person, 421
or in writing. A public food service establishment or food 422
service vendor may not use this notification process to 423
circumvent the license requirements of this chapter. 424
2. The division shall keep a record of all notifications 425
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received for proposed temporary food service events and shall 426
provide appropriate educational materials to the event sponsors 427
and notify the event sponsors of the availability of the food -428
recovery brochure developed under s. 595.420. 429
3.a. Unless excluded under s. 509.013 s. 509.013(5)(b), a 430
public food service establishment or other food service vendor 431
must obtain one of the following classes of license from the 432
division: an individual li cense, for a fee of no more than $105, 433
for each temporary food service event in which it participates; 434
or an annual license, for a fee of no more than $1,000, that 435
entitles the licensee to participate in an unlimited number of 436
food service events during th e license period. The division 437
shall establish license fees, by rule, and may limit the number 438
of food service facilities a licensee may operate at a 439
particular temporary food service event under a single license. 440
b. Public food service establishments ho lding current 441
licenses from the division may operate under the regulations of 442
such a license at temporary food service events. 443
(7) PREEMPTION AUTHORITY. — 444
(a) The regulation of public lodging establishments and 445
public food service establishments, includ ing, but not limited 446
to, sanitation standards, licensing, inspections, training and 447
testing of personnel, and matters related to the nutritional 448
content and marketing of foods offered in such establishments, 449
is preempted to the state. This paragraph does n ot preempt the 450
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authority of a local government or local enforcement district to 451
conduct inspections of public lodging and public food service 452
establishments for compliance with the Florida Building Code and 453
the Florida Fire Prevention Code, pursuant to ss. 553.80 and 454
633.206. 455
(b)1. A local law, ordinance, or regulation may not 456
prohibit vacation rentals or regulate the duration or frequency 457
of rental of vacation rentals. This paragraph does not apply to 458
any local law, ordinance, or regulation adopted on or before 459
June 1, 2011, including when such law, ordinance, or regulation 460
is amended to be less restrictive or to comply with the local 461
registration requirements provided in this paragraph, or when a 462
law, ordinance, or regulation adopted after June 1, 2011, 463
regulates vacation rentals, if such law, ordinance, or 464
regulation is less restrictive than a law, ordinance, or 465
regulation that was in effect on June 1, 2011. Notwithstanding 466
paragraph (a), a local law, ordinance, or regulation may require 467
the registration of vacation rentals with a local vacation 468
rental registration program. Local governments may adopt a 469
vacation rental registration program pursuant to subparagraph 3. 470
This paragraph does not prohibit a local law, ordinance, or 471
regulation from restricting t he maximum occupancy for 472
residential properties that are rented if uniformly applied 473
without regard to whether the residential property is used as a 474
vacation rental. 475
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2. Local governments may charge a fee of no more than $150 476
for processing an individual registration application or $200 477
for processing a collective registration application. A local 478
law, ordinance, or regulation may not require renewal of a 479
registration more than once per year. However, if there is a 480
change of ownership, the new owner may be required to submit a 481
new application for registration. 482
3. As a condition of registration, the local law, 483
ordinance, or regulation may only require the owner or operator 484
of a vacation rental to: 485
a. Submit identifying information about the owner or the 486
owner's agents and the subject vacation rental property. 487
b. Obtain a license as a transient public lodging 488
establishment issued by the division within 60 days after local 489
registration. 490
c. Obtain all required tax registrations, receipts, or 491
certificates issued by the Department of Revenue, a county, or a 492
municipal government. 493
d. Update required information on a continuing basis to 494
ensure it is current. 495
e. Comply with parking standards and solid waste handling 496
and containment requirements, so long as such standards and 497
requirements are not imposed solely on vacation rentals. 498
f. Designate and maintain at all times a responsible party 499
who is capable of responding to complaints and other immediate 500
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problems related to the vacation rental, including being 501
available by telephone at a listed phone number. 502
g. State the maximum occupancy of the vacation rental 503
based on the number of sleeping accommodations for persons 504
staying overnight in the vacation rental. 505
4.a. Within 15 business days after receiving an 506
application for registration of a vacation rental, the local 507
government must review the application for completeness and 508
accept the registration of the vacation rental or issue a 509
written notice specifying with particularity any areas that are 510
deficient. Such notice may be provided by United States mail or 511
electronically. 512
b. The vacation rental owner or operator and the local 513
government may agree to a reasonable request to extend the 514
timeframes provided in this subparagraph, particularly in the 515
event of a force majeure or other extraordinary circumstance. 516
c. If the local government fails to accept the 517
registration within the timeframes provided in this 518
subparagraph, the application is deemed accepted. 519
d. Upon an accepted registration of a vacation rental, a 520
local government shall assign a unique registration number to 521
the vacation rental or other indicia of registration and provide 522
the registration number or other indicia of registration to the 523
owner or operator of the vacation rental in writing or 524
electronically. 525
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(d) The regulation of advertising platforms is preempted 526
to the state as provided in this chapter. 527
Section 4. Effective January 1, 2024, subsections (2) and 528
(3) of section 509.241, Florida Statutes, are amended to read: 529
509.241 Licenses required; exceptions. — 530
(2) APPLICATION FOR LICENSE. —Each person who plans to open 531
a public lodging establishment or a public food service 532
establishment shall apply for and receive a license from the 533
division before prior to the commencement of opera tion. A 534
condominium association, as defined in s. 718.103, which does 535
not own any units classified as vacation rentals or timeshare 536
projects under s. 509.242(1)(c) or (g) is not required to apply 537
for or receive a public lodging establishment license. All 538
applications for a vacation rental license must, if applicable, 539
include the local registration number or other proof of 540
registration required by local law, ordinance, or regulation. 541
Upon receiving an application for a vacation rental license, the 542
division may grant a temporary license that authorizes the 543
vacation rental to begin operation while the application is 544
pending and to post the information required under s. 545
509.243(1)(c). The temporary license automatically expires upon 546
final agency action regarding the license application. 547
(3) DISPLAY OF LICENSE. —Any license issued by the division 548
must shall be conspicuously displayed to the public inside in 549
the office or lobby of the licensed establishment. Public food 550
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service establishments that which offer catering services must 551
shall display their license number on all advertising for 552
catering services. The owner or operator of a vacation rental 553
offered for transient occupancy through an advertising platform 554
must also display the vacation rental license number and, if 555
applicable, the local registration number. 556
Section 5. Effective January 1, 2024, section 509.243, 557
Florida Statutes, is created to read: 558
509.243 Advertising platforms. — 559
(1)(a) An advertising platform must require that a person 560
who places an advertisement for the rental of a vacation rental: 561
1. Include in the advertisement the vacation rental 562
license number and, if applicable, the local registration 563
number; and 564
2. Attest to the best of the person's knowledge that the 565
license number for the vacation rental property and the local 566
registration are current, valid, and accurately stated in the 567
advertisement. 568
(b) An advertising platform must display the vacation 569
rental license number and, if applicable, the local registration 570
number. Effective July 1, 2024, the advertising platform must 571
check that the vacation rental license number provided by the 572
owner or operator appears as current in the information posted 573
by the division pursuant to paragraph (c) and applies to the 574
subject vacation rental be fore publishing the advertisement on 575
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its platform and again at the end of each calendar quarter that 576
the advertisement remains on its platform. 577
(c) By July 1, 2024, the division shall maintain vacation 578
rental license information in a readily accessible e lectronic 579
format that is sufficient to facilitate prompt compliance with 580
the requirements of this subsection by an advertising platform 581
or a person placing an advertisement on an advertising platform 582
for transient rental of a vacation rental. 583
(2) An advertising platform must remove from public view 584
an advertisement or a listing from its online application, 585
software, website, or system within 15 business days after being 586
notified by the division in writing that the subject 587
advertisement or listing for the rental of a vacation rental 588
located in this state fails to display a valid license number 589
issued by the division. 590
(3) If a guest uses a payment system on or through an 591
advertising platform to pay for the rental of a vacation rental 592
located in this state, the advertising platform must collect and 593
remit all taxes due under ss. 125.0104, 125.0108, 212.03, 594
212.0305, and 212.055 related to the rental as provided in s. 595
212.03(2)(b). 596
(4) If the division has probable cause to believe that a 597
person not licensed by the division has violated this chapter or 598
any rule adopted pursuant thereto, the division may issue and 599
deliver to such person a notice to cease and desist from the 600
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violation. The issuance of a notice to cease and desist does not 601
constitute agency actio n for which a hearing under s. 120.569 or 602
s. 120.57 may be sought. For the purpose of enforcing a cease 603
and desist notice, the division may file a proceeding in the 604
name of the state seeking the issuance of an injunction or a 605
writ of mandamus against any p erson who violates any provision 606
of the notice. If the division is required to seek enforcement 607
of the notice for a penalty pursuant to s. 120.69, it is 608
entitled to collect attorney fees and costs, together with any 609
cost of collection. 610
(5) The division may fine an advertising platform an 611
amount not to exceed $1,000 per offense for violations of this 612
section or of the rules of the division. For the purposes of 613
this subsection, the division may regard as a separate offense 614
each day or portion of a day in wh ich an advertising platform is 615
operated in violation of this section or rules of the division. 616
The division shall issue a written warning or notice and provide 617
the advertising platform 15 days to cure a violation before 618
commencing any legal proceeding unde r subsection (4). 619
(6) Advertising platforms shall adopt an 620
antidiscrimination policy to help prevent discrimination among 621
their users and shall inform all users of their services that it 622
is illegal to refuse accommodation to an individual based on 623
race, creed, color, sex, pregnancy, physical disability, or 624
national origin pursuant to s. 509.092. 625
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(7) Advertising platforms that comply with the 626
requirements of this section are deemed to be in compliance with 627
the requirements of this chapter. This section d oes not create 628
and is not intended to create a private cause of action against 629
advertising platforms. An advertising platform may not be held 630
liable for any action it takes voluntarily in good faith in 631
relation to its users to comply with this chapter or t he 632
advertising platform's terms of service. 633
Section 6. Subsections (10) and (11) are added to section 634
509.261, Florida Statutes, to read: 635
509.261 Revocation or suspension of licenses; fines; 636
procedure.— 637
(10) The division may revoke, refuse to issue or renew, or 638
suspend for a period of not more than 30 days a vacation rental 639
license when: 640
(a) The operation of the subject premises violates the 641
terms of an applicable lease or property restriction, including 642
any property restriction adopted pursuant t o chapter 718, 643
chapter 719, or chapter 720, as determined by a final order of a 644
court of competent jurisdiction or a written decision by an 645
arbitrator authorized to arbitrate a dispute relating to the 646
subject property and a lease or property restriction; 647
(b) The owner or operator fails to provide proof of 648
registration, if required by local law, ordinance, or 649
regulation; or 650
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(c) The premises and its owner are the subject of a final 651
order or judgment lawfully directing the termination of the 652
premises' use as a vacation rental. 653
(11) The division may suspend, for a period of not more 654
than 30 days, a vacation rental license when the owner or 655
operator has been found by the code enforcement board, pursuant 656
to s. 162.06, to have two or more code violations related to the 657
vacation rental during a period of 90 days. The division shall 658
issue a written warning or notice and provide an opportunity to 659
cure a violation before commencing any legal proceeding under 660
this subsection. 661
Section 7. Paragraph (n) of sub section (2) of section 662
775.21, Florida Statutes, is amended to read: 663
775.21 The Florida Sexual Predators Act. — 664
(2) DEFINITIONS.—As used in this section, the term: 665
(n) "Temporary residence" means a place where the person 666
abides, lodges, or resides, in cluding, but not limited to, 667
vacation, business, or personal travel destinations in or out of 668
this state, for a period of 3 or more days in the aggregate 669
during any calendar year and which is not the person's permanent 670
address or, for a person whose perman ent residence is not in 671
this state, a place where the person is employed, practices a 672
vocation, or is enrolled as a student for any period of time in 673
this state. The term also includes a vacation rental, as defined 674
in s. 509.242(1)(c), where a person lodge s for 24 hours or more. 675
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Section 8. Subsection (12) of section 159.27, Florida 676
Statutes, is amended to read: 677
159.27 Definitions. —The following words and terms, unless 678
the context clearly indicates a different meaning, shall have 679
the following meanings : 680
(12) "Public lodging or restaurant facility" means 681
property used for any public lodging establishment as defined in 682
s. 509.242 or public food service establishment as defined in s. 683
509.013 s. 509.013(5) if it is part of the complex of, or 684
necessary to, another facility qualifying under this part. 685
Section 9. Paragraph (jj) of subsection (7) of section 686
212.08, Florida Statutes, is amended to read: 687
212.08 Sales, rental, use, consumption, distribution, and 688
storage tax; specified exemptions. —The sale at retail, the 689
rental, the use, the consumption, the distribution, and the 690
storage to be used or consumed in this state of the following 691
are hereby specifically exempt from the tax imposed by this 692
chapter. 693
(7) MISCELLANEOUS EXEMPTIONS. —Exemptions provided to any 694
entity by this chapter do not inure to any transaction that is 695
otherwise taxable under this chapter when payment is made by a 696
representative or employee of the entity by any means, 697
including, but not limited to, cash, check, or credit card, even 698
when that representative or employee is subsequently reimbursed 699
by the entity. In addition, exemptions provided to any entity by 700
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this subsection do not inure to any transaction that is 701
otherwise taxable under this chapter unless the entity has 702
obtained a sales tax exemption certificate from the department 703
or the entity obtains or provides other documentation as 704
required by the department. Eligible purchases or leases made 705
with such a certificate must be in strict compliance with this 706
subsection and department al rules, and any person who makes an 707
exempt purchase with a certificate that is not in strict 708
compliance with this subsection and the rules is liable for and 709
shall pay the tax. The department may adopt rules to administer 710
this subsection. 711
(jj) Complimentary meals.—Also exempt from the tax imposed 712
by this chapter are food or drinks that are furnished as part of 713
a packaged room rate by any person offering for rent or lease 714
any transient living accommodations as described in s. 509.013 715
s. 509.013(4)(a) which are licensed under part I of chapter 509 716
and which are subject to the tax under s. 212.03, if a separate 717
charge or specific amount for the food or drinks is not shown. 718
Such food or drinks are considered to be sold at retail as part 719
of the total charge fo r the transient living accommodations. 720
Moreover, the person offering the accommodations is not 721
considered to be the consumer of items purchased in furnishing 722
such food or drinks and may purchase those items under 723
conditions of a sale for resale. 724
Section 10. Paragraph (b) of subsection (4) of section 725
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316.1955, Florida Statutes, is amended to read: 726
316.1955 Enforcement of parking requirements for persons 727
who have disabilities. — 728
(4) 729
(b) Notwithstanding paragraph (a), a theme park or an 730
entertainment complex as defined in s. 509.013 s. 509.013(9) 731
which provides parking in designated areas for persons who have 732
disabilities may allow any vehicle that is transporting a person 733
who has a disability to remain parked in a space reserved for 734
persons who have disabilities throughout the period the theme 735
park is open to the public for that day. 736
Section 11. Subsection (5) of section 404.056, Florida 737
Statutes, is amended to read: 738
404.056 Environmental radiation standards and projects; 739
certification of persons performing measurement or mitigation 740
services; mandatory testing; notification on real estate 741
documents; rules.— 742
(5) NOTIFICATION ON REAL ESTATE DOCUMENTS. —Notification 743
shall be provided on at least one document, form, or application 744
executed at the time of, or before prior to, contract for sale 745
and purchase of any building or execution of a rental agreement 746
for any building. Such notification must shall contain the 747
following language: 748
749
"RADON GAS: Radon is a naturally occurring radioactive gas 750
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that, when it has accumulated in a building in suffici ent 751
quantities, may present health risks to persons who are exposed 752
to it over time. Levels of radon that exceed federal and state 753
guidelines have been found in buildings in Florida. Additional 754
information regarding radon and radon testing may be obtained 755
from your county health department." 756
757
The requirements of this subsection do not apply to any 758
residential transient occupancy, as described in s. 509.013 s. 759
509.013(12), provided that such occupancy is 45 days or less in 760
duration. 761
Section 12. Subsectio n (6) of section 477.0135, Florida 762
Statutes, is amended to read: 763
477.0135 Exemptions. — 764
(6) A license is not required of any individual providing 765
makeup or special effects services in a theme park or 766
entertainment complex to an actor, stunt person, musi cian, 767
extra, or other talent, or providing makeup or special effects 768
services to the general public. The term "theme park or 769
entertainment complex" has the same meaning as in s. 509.013 s. 770
509.013(9). 771
Section 13. Paragraph (b) of subsection (2) of sect ion 772
509.221, Florida Statutes, is amended to read: 773
509.221 Sanitary regulations. — 774
(2) 775
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(b) Within a theme park or entertainment complex as 776
defined in s. 509.013 s. 509.013(9), the bathrooms are not 777
required to be in the same building as the public food service 778
establishment, so long as they are reasonably accessible. 779
Section 14. Paragraph (b) of subsection (5) of section 780
553.5041, Florida Statutes, is amended to read: 781
553.5041 Parking spaces for persons who have 782
disabilities.— 783
(5) Accessible perpendicular and diagonal accessible 784
parking spaces and loading zones must be designed and located to 785
conform to ss. 502 and 503 of the standards. 786
(b) If there are multiple entrances or multiple retail 787
stores, the parking spaces must be dispersed to provid e parking 788
at the nearest accessible entrance. If a theme park or an 789
entertainment complex as defined in s. 509.013 s. 509.013(9) 790
provides parking in several lots or areas from which access to 791
the theme park or entertainment complex is provided, a single 792
lot or area may be designated for parking by persons who have 793
disabilities, if the lot or area is located on the shortest 794
accessible route to an accessible entrance to the theme park or 795
entertainment complex or to transportation to such an accessible 796
entrance. 797
Section 15. Paragraph (b) of subsection (5) of section 798
559.955, Florida Statutes, is amended to read: 799
559.955 Home-based businesses; local government 800
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restrictions.— 801
(5) The application of this section does not supersede: 802
(b) Local laws, ordina nces, or regulations related to 803
transient public lodging establishments, as defined in s. 804
509.013 s. 509.013(4)(a)1., that are not otherwise preempted 805
under chapter 509. 806
Section 16. Subsection (2) of section 705.17, Florida 807
Statutes, is amended to read : 808
705.17 Exceptions.— 809
(2) Sections 705.1015 -705.106 do not apply to any personal 810
property lost or abandoned on premises located within a theme 811
park or entertainment complex, as defined in s. 509.013 s. 812
509.013(9), or operated as a zoo, a museum, or an aquarium, or 813
on the premises of a public food service establishment or a 814
public lodging establishment licensed under part I of chapter 815
509, if the owner or operator of such premises elects to comply 816
with s. 705.185. 817
Section 17. Section 705.185, Florida Statutes, is amended 818
to read: 819
705.185 Disposal of personal property lost or abandoned on 820
the premises of certain facilities. —When any lost or abandoned 821
personal property is found on premises located within a theme 822
park or entertainment complex, as defin ed in s. 509.013 s. 823
509.013(9), or operated as a zoo, a museum, or an aquarium, or 824
on the premises of a public food service establishment or a 825
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public lodging establishment licensed under part I of chapter 826
509, if the owner or operator of such premises elec ts to comply 827
with this section, any lost or abandoned property must be 828
delivered to such owner or operator, who must take charge of the 829
property and make a record of the date such property was found. 830
If the property is not claimed by its owner within 30 da ys after 831
it is found, or a longer period of time as may be deemed 832
appropriate by the owner or operator of the premises, the owner 833
or operator of the premises may not sell and must dispose of the 834
property or donate it to a charitable institution that is exe mpt 835
from federal income tax under s. 501(c)(3) of the Internal 836
Revenue Code for sale or other disposal as the charitable 837
institution deems appropriate. The rightful owner of the 838
property may reclaim the property from the owner or operator of 839
the premises at any time before the disposal or donation of the 840
property in accordance with this section and the established 841
policies and procedures of the owner or operator of the 842
premises. A charitable institution that accepts an electronic 843
device, as defined in s. 81 5.03(9), access to which is not 844
secured by a password or other personal identification 845
technology, shall make a reasonable effort to delete all 846
personal data from the electronic device before its sale or 847
disposal. 848
Section 18. Section 717.1355, Florida Statutes, is amended 849
to read: 850
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717.1355 Theme park and entertainment complex tickets. —851
This chapter does not apply to any tickets for admission to a 852
theme park or entertainment complex as defined in s. 509.013 s. 853
509.013(9), or to any tickets to a permanen t exhibition or 854
recreational activity within such theme park or entertainment 855
complex. 856
Section 19. Subsection (8) of section 877.24, Florida 857
Statutes, is amended to read: 858
877.24 Nonapplication of s. 877.22. —Section 877.22 does 859
not apply to a minor wh o is: 860
(8) Attending an organized event held at and sponsored by 861
a theme park or entertainment complex as defined in s. 509.013 862
s. 509.013(9). 863
Section 20. The application of this act does not supersede 864
any current or future declaration or declaration of condominium 865
adopted pursuant to chapter 718, Florida Statutes, cooperative 866
document adopted pursuant to chapter 719, Florida Statutes, or 867
declaration or declaration of covenant adopted pursuant to 868
chapter 720, Florida Statutes. 869
Section 21. (1) The Department of Revenue is authorized, 870
and all conditions are deemed to be met, to adopt emergency 871
rules pursuant to s. 120.54(4), Florida Statutes, for the 872
purpose of implementing s. 212.03, Florida Statutes, including 873
establishing procedures to facilitate the remittance of taxes. 874
(2) Notwithstanding any other law, emergency rules adopted 875
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pursuant to subsection (1) are effective for 6 months after 876
adoption and may be renewed during the pendency of procedures to 877
adopt permanent rules addressing the subject of the emergency 878
rules. 879
(3) This section expires January 1, 2026. 880
Section 22. Except as otherwise expressly provided in this 881
act, this act shall take effect upon becoming a law. 882