Bill > H1537

Introduced Session

An act relating to vacation rentals; amending s. 212.03, F.S.; requiring advertising platforms 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 such registration programs to be administered by the tax collector; authorizing local governments or the tax collector to charge a specified fee for processing registration applications; authorizing local laws, ordinances, or regulations to require annual renewal of a registration and to charge a fee for such renewal; providing that a change in ownership may require a new application for registration; authorizing local governments to charge a specified fee to inspect a vacation rental and enforce certain laws and rules for issues pertaining to uniform life safety requirements; 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 written notices of material violations under certain circumstances; requiring the code enforcement board or special magistrate to make certain recommendations under specified circumstances; authorizing local governments to suspend an owner's vacation rental registration for specified periods of time; prohibiting local governments from suspending an owner's vacation rental registration for violations not directly related to the vacation rental premises; requiring, within a specified timeframe, local governments to provide notice of registration suspension to vacation rental operators and the Division of Hotels and Restaurants of the Department of Business and Professional Regulation; providing requirements for such notice; authorizing local governments to revoke or refuse to renew a vacation rental registration of a specific vacation rental under certain circumstances; requiring, within a specified timeframe, local governments to provide notice of termination of or refusal to renew a vacation rental registration to vacation rental operators and the division; providing that vacation rental owners may appeal a denial, suspension, or termination of, or a refusal to renew, a vacation rental registration; providing procedures for such appeal; authorizing a vacation rental owner to apply for registration upon the sale of the vacation rental premises or 6 months after revocation of or refusal to renew the vacation rental registration; providing construction; amending s. 509.241, F.S.; requiring the division to grant temporary licenses upon receiving vacation rental license applications while such applications are pending; providing that such licenses become permanent upon final agency action; requiring that any license issued by the division be conspicuously displayed to the public inside the licensed establishment; requiring that operators of vacation rentals offered for transient occupancy through an advertising platform conspicuously display the vacation rental's local registration number, if applicable, inside the unit in a visible location; requiring licensees or licensed agents managing a license classified as a vacation rental to submit local vacation rental registration numbers, if applicable, to the division through the division's online system; requiring the division to include a certain unique identifier on each vacation rental license issued 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 the ability to book an advertisement or a listing under certain circumstances and to provide to the division on a quarterly basis, in a specified manner, a list of all vacation rentals which are advertised on their platforms, including other specified information; requiring advertising platforms or designated operators listing vacation rentals with advertising platforms to collect and remit specified taxes for certain transactions; authorizing the division to issue and deliver cease and desist notices for certain violations; providing that such notice does not constitute agency action for which certain hearings may be sought; authorizing the division to file certain proceedings to enforce 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, by a specified date, the division 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 license number of the revoked, not renewed, or suspended vacation rental dwelling or unit; requiring the department to input such status in the vacation rental information system; requiring the division's vacation rental license suspension to 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 such emergency rules; providing for the expiration of such rulemaking authority; providing effective dates.

AI Summary

Committee Categories

Griff Griffitts (R)*, 

Other Sponsors (2)

Laid on Table (on 03/05/2024)

Official Document