HB 1399 2023
CODING: Words stricken are deletions; words underlined are additions.
hb1399-00
Page 1 of 3
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 public lodging and food service 2
establishments; amending s. 509.241, F.S.; requiring 3
an applicant for a vacation rental license to provide 4
the Division of Hotels and Restaurants of the 5
Department of Business and Professional Regulation 6
with certain information; amending s. 509.281, F.S.; 7
revising penalties for an operator who fails, 8
neglects, or refuses to obtain a license or pay the 9
required license fee; providing an effective date. 10
11
Be It Enacted by the Legislature of the State of Florida: 12
13
Section 1. Subsection (2) of section 509.241, Florida 14
Statutes, is amended to read: 15
509.241 Licenses required; exceptions. — 16
(2) APPLICATION FOR LICENSE.—Each person who plans to open 17
a public lodging establishment or a public food service 18
establishment shall apply for and receive a license from the 19
division before prior to the commencement of operation. 20
(a) A condominium association, as defin ed in s. 718.103, 21
which does not own any units classified as vacation rentals or 22
timeshare projects under s. 509.242(1)(c) or (g) is not required 23
to apply for or receive a public lodging establishment license. 24
(b) An applicant for a license for a vacatio n rental must 25
HB 1399 2023
CODING: Words stricken are deletions; words underlined are additions.
hb1399-00
Page 2 of 3
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
provide the division with all of the following information: 26
1. Proof of inspection and compliance with county, 27
municipal, building, zoning, and firesafety codes reflecting a 28
change in use from a single -family or multifamily residential 29
dwelling to a transient public lodging establishment. 30
2. Proof that the underlying homeowner's insurance policy 31
allows the structure to be used as a transient public lodging 32
establishment. 33
3. A signed affidavit from the chief executive of the 34
municipality, or the county if the property is in an 35
unincorporated area, where the property is located confirming 36
that operating a vacation rental at that address is allowed. 37
Section 2. Subsection (2) of section 509.281, Florida 38
Statutes, is amended to read: 39
509.281 Prosecution for violation; duty of state attorney; 40
penalties.— 41
(2)(a) Except as provided in paragraph (b), any operator 42
who obstructs or hinders any agent of the division in the proper 43
discharge of the agent's duties ; who fails, neglects, or refuses 44
to obtain a license or pay the license fee required by law; or 45
who fails or refuses to perform any duty imposed upon it by law 46
or rule commits is guilty of a misdemeanor of the second degree, 47
punishable as provided in s. 775.082 or s. 775.083. 48
(b) Any operator who fails, neglects, or refuses to obtain 49
a license or to pay the license fee required by law commits, for 50
HB 1399 2023
CODING: Words stricken are deletions; words underlined are additions.
hb1399-00
Page 3 of 3
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
the first offense, a noncriminal violation, punishable as 51
provided in s. 775.083, and for a second or subsequent offense, 52
the operator commits a misdemeanor of the first degree, 53
punishable as provided in s. 775.082 or s. 775.083. 54
55
Each day that such establishment is operated in violation of law 56
or rule is a separate offense. 57
Section 3. This act shall take effect October 1, 2023. 58