Bill > S0280

Introduced Session

An act relating to vacation rentals; amending s. 212.03, F.S.; requiring advertising platforms or operators listing a vacation rental with an advertising platform to collect and remit specified taxes for certain vacation rental transactions; reordering and amending s. 509.013, F.S.; defining the term “advertising platform”; making technical changes; amending s. 509.032, F.S.; adding licensing to the regulated activities of public lodging establishments and public food service establishments which are preempted to the state; providing applicability; revising an exception to the prohibition against certain local regulation of vacation rentals; providing applicability; preempting the regulation of advertising platforms to the state; authorizing the adoption of local laws, ordinances, or regulations that require the registration of vacation rentals; authorizing local governments to adopt vacation rental registration programs and impose fines for failure to register; requiring a local government to prepare a business impact estimate under certain circumstances; authorizing local governments to charge a reasonable fee for processing registration applications; authorizing local laws, ordinances, or regulations to require annual renewal of a registration and to charge a reasonable fee for such renewal; providing that a change in ownership may require a new application for registration; authorizing local governments to charge a reasonable fee to inspect a vacation rental for a specified purpose; specifying requirements and procedures for, and limitations on, local vacation rental registration programs; authorizing local governments to fine vacation rental operators under certain circumstances; specifying procedures related to the imposition of fines; providing applicability relating to certain money judgment provisions; requiring local governments to issue a written notice of violation under certain circumstances; requiring the code enforcement board or special magistrate to make certain recommendations under specified circumstances; authorizing local governments to suspend a vacation rental registration for specified periods of time; prohibiting local governments from suspending a vacation rental registration for violations that are not directly related to the vacation rental premises; requiring local governments to provide notice of registration suspension, within a specified timeframe, to vacation rental operators and the Division of Hotels and Restaurants of the Department of Business and Professional Regulation; providing requirements for such notice; requiring, by a certain date, local governments to use the vacation rental information system to provide such notice to the division; providing that local governments may revoke or refuse to renew a vacation rental registration under certain circumstances; requiring local governments to provide notice of revocation of or refusal to renew a vacation rental registration to vacation rental operators and the division within a specified timeframe; requiring, by a certain date, local governments to use the vacation rental information system to provide such notice to the division; providing that vacation rental operators may appeal a denial, suspension, or revocation of, or a refusal to renew, the registration of a vacation rental; providing procedures for such appeal; providing construction; amending s. 509.241, F.S.; authorizing the division to issue temporary licenses upon receipt of vacation rental license applications while such applications are pending; providing for permanency of such licenses upon final agency action; requiring that a license issued by the division be conspicuously displayed to the public inside the licensed establishment; requiring that a vacation rental’s registration number, if applicable, be conspicuously displayed inside the vacation rental in a specified location; requiring the division to assign a unique identifier on each vacation rental license which identifies each individual vacation rental dwelling or unit; creating s. 509.243, F.S.; requiring advertising platforms to require that persons placing advertisements or listings for vacation rentals include certain information in the advertisements or listings and attest to certain information; requiring advertising platforms to display certain information; requiring, as of a specified date, advertising platforms to remove from public view an advertisement or a listing under certain circumstances and provide certain information to the division; requiring the division, upon request, to share certain reports and records with the Department of Revenue, local tax authorities, and local governments; providing that such records may be used for auditing and enforcement purposes; requiring advertising platforms or operators listing a vacation rental with an advertising platform to collect and remit specified taxes for certain transactions; authorizing the division to issue and deliver a notice to cease and desist for certain violations; providing that such notice does not constitute agency action for which certain hearings may be sought; authorizing the division to issue cease and desist notices in certain circumstances; providing that issuance of such notice does not constitute an agency action; authorizing the division to file certain proceedings for the purpose of enforcing a cease and desist notice; authorizing the division to collect attorney fees and costs under certain circumstances; authorizing the division to impose a fine on advertising platforms for certain violations; requiring the division to issue written notice of violations to advertising platforms before commencing certain legal proceedings; requiring advertising platforms to adopt an antidiscrimination policy and to inform their users of the policy’s provisions; providing construction; creating s. 509.244, F.S.; defining the term “application program interface”; requiring the division, by a specified date, to create and maintain a certain vacation rental information system; specifying requirements for the system; amending s. 509.261, F.S.; authorizing the division to revoke, refuse to issue or renew, or suspend vacation rental licenses under certain circumstances; requiring the division to specify the number of the license number of the vacation rental dwelling or unit which has been revoked, not renewed, or suspended; requiring the division to input such status in the vacation rental information system; requiring that the division’s vacation rental license suspension run concurrently with a local vacation rental registration suspension; amending ss. 159.27, 212.08, 316.1955, 404.056, 477.0135, 509.221, 553.5041, 559.955, 561.20, 705.17, 705.185, 717.1355, and 877.24, F.S.; conforming cross-references; providing construction; authorizing the Department of Revenue to adopt emergency rules; providing requirements and an expiration date for the emergency rules; providing for the expiration of such rulemaking authority; providing an appropriation; providing effective dates.

Committee Categories

Nick DiCeglie (R)*,  Debbie Mayfield (R), 

Other Sponsors (1)

Veto Message referred to Rules (on 07/10/2024)

Official Document