Florida House Regulatory Reform Subcommittee meeting packet, February 10, 2021
Summary
A meeting packet for the Florida House of Representatives Regulatory Reform Subcommittee of the Commerce Committee, meeting Wednesday, February 10, 2021 from 1:00 PM to 2:30 PM in Morris Hall, under Speaker Chris Sprowls and Chair Bob Rommel. The agenda lists three bills: HB 55 by Rep. Overdorf on building design, HB 73 by Rep. Tomkow on malt beverage advertising agreements and HB 219 by Rep. Fischer on vacation rentals. The notice asks that amendments be filed by 6 p.m. on Tuesday, February 9, 2021 and describes live-streaming and socially distanced seating. The packet carries bill analyses, ending with HB 219's provision requiring sexual offenders and predators to register if they stay in a vacation rental for 24 hours or more.
Summary drafted by a model from the document's text below and checked by script against that text before publication. It is a navigation aid, not a reading of what the document proves. Where AI is used
Full text
The Florida House of Representatives
Commerce Committee
Regulatory Reform Subcommittee
Chris Sprowls Bob Rommel
Speaker Chair
AGENDA
Wednesday, February 10, 2021
Morris Hall (17 HOB)
1:00 PM-2:30 PM
I. Call to Order & Roll Call
II. Welcoming Remarks
III. Consideration of the following bills(s):
HB 5 5 by Rep. Overdorf
Building Design
HB 73 by Rep. Tomkow
Malt Beverage Advertising Agreements
HB 219 by Rep. Fischer
Vacation Rentals
IV. Adjournment
303 House Office Building, 402 South Monroe Street, Tallahassee, Florida 32399-1300
(850) 717-4870 Fax: (850) 410-0096
Committee Meeting Notice
HOUSE OF REPRESENTATIVES
Regulatory Reform Subcommittee
Start Date and Time: Wednesday, February 10, 2021 01:00 pm
End Date and Time: Wednesday, February 10, 2021 02:30 pm
Location: Morris Hall (17 HOB)
Duration: 1.50 hrs
Consideration of the following bill(s):
HB 55 Building Design by Overdorf
HB 73 Malt Beverage Advertising Agreements by Tomkow
HB 219 Vacation Rentals by Fischer
The Chair requests that all amendments should be flied by 6 p.m. on Tuesday, February 9, 2021, including
amendments filed by Members of the Committee/Subcommittee.
This meeting will be live-streamed on https://thefloridachannel.org/. Audience seating will be socially
distanced and limited to the press and those persons wishing to provide substantive testimony on the filed
bills or draft legislation. Persons who wish to attend must register at www.myflorldahouse.gov, and pick up
a pass at the Legislative Welcome Center on the 4th Floor of the Capitol beginning two hours before the
start of the meeting. Seating will be available on a first-come, first-served basis. The pass will indicate
whether you will be seated in the main meeting room or in 12 HOB which has been made available for onsite
virtual testimony. Registration closes three hours before the meeting starts.
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HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: HB 55 Building Design
SPONSOR(S): Overdorf
TIED BILLS: IDEN./SIM. BILLS: SB 284
REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF
1) Regulatory Reform Subcommittee Brackett Anstead
2) Local Administration & Veterans Affairs
Subcommittee
3) Commerce Committee
SUMMARY ANALYSIS
Property development in Florida is governed in part by both the Community Planning Act and the Florida
Building Code. The Community Planning Act governs how local governments create and adopt local
comprehensive plans, implement land development regulations, and issue development orders and permits.
Some local governments have implemented regulations that require new residential dwellings in the
community to have specific building design elements such as exterior paint color, exterior building material,
architectural style of windows and doors, and location of windows and doors.
The bill :
• Prohibits local governments from adopting zoning and development regulations that require specific
building design elements for residential dwellings, unless certain conditions are met.
• Provides that local governments may adopt zoning and development regulations requiring certain
building design elements for residential dwellings when:
o The dwelling is a historic property or a contributing property to a historic district; or
o The regulations are adopted in order to implement the National Flood Insurance Program.
• Defines the term "building design elements" to mean exterior color, type or style of exterior cladding,
style or material of roof structures or porches, exterior nonstructural architectural ornamentation,
location or architectural styling of windows or doors, and number, type, and layout of rooms.
• Provides that the term "building design elements" does not include setback including the height, bulk,
orientation, location on a zoning lot, or the use of buffering or screening to minimize potential adverse
physical or visual impacts or protect the privacy of neighbors.
The bill has an indeterminate fiscal impact on state and local governments.
The bill provides for an effective date of July 1, 2021 .
This document does not reflect the intent or official position of the bill sponsor or House of Representatives.
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DATE: 2/3/2021
FULL ANALYSIS
I. SUBSTANTIVE ANALYSIS
A. EFFECT OF PROPOSED CHANGES:
Current Situation
The Community Planning Act
Adopted in 1985, the Local Government Comprehensive Planning and Land Development Regulation
Act, also known as Florida's Growth Management Act, was significantly revised in 2011, becoming the
Community Planning Act. 1 The Community Planning Act governs how local governments create and
adopt their local comprehensive plans.
It is the intent of Act is that local governments manage growth through comprehensive land use plans
that preserve, promote, protect, and improve the public health, safety, comfort, good order,
appearance, convenience, law enforcement and fire prevention, and general welfare. 2
Local comprehensive plans must include principles, guidelines, standards, and strategies for the orderly
and balanced future land development of the area and reflect community commitments to implement
the plan. Plans also are required to identify procedures for monitoring, evaluating, and appraising
implementation of the plan. 3 Plans may include optional elements, 4 but must include the following nine
elements: 5
• Capital improvements;
• Future land use plan;
• Intergovernmental coordination;
• Conservation;
• Transportation;
• Sanitary sewer, solid waste, drainage, potable water, and aquifer recharge;
• Recreation and open space;
• Housing; and
• Coastal management (for coastal local governments).
The comprehensive plan is implemented via land development regulations. Land development
regulations are ordinances that regulate any aspect of development including any local government
zoning, rezoning, subdivision, building construction, sign regulations, or any regulation that controls the
development of land. 6
Each county and municipality must adopt and enforce land development regulations that are consistent
with and implement their adopted comprehensive plan. 7 All local government land development
regulations must be consistent with the local government's comprehensive plan. 8
1
Ch. 11-139, Laws ofFla.
2
S. 163.3161(4), F.S.
3
S. 163.3177(1), F.S.
4
Id.
5 Ss. 163.3177(3) & (6), F.S.
6
Ss. 163.3164(26) & 163.3202(1 ), F.S.
7 S. 163.3202(1), F.S.
8
S. l63.3194(l)(b), F.S.
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Some local governments in Florida have adopted land development regulations that place restrictions
on the design of new single- and two- family buildings such as the:
• External paint color; 9
• Architectural style of: 10
o Windows;
o Doors, including garage doors;
o Front porches; and
o Roofs.
• Exterior building material; 11 and
• Location of windows and garage doors. 12
Some local governments may be adopting ordinances related to building design elements because the
local government is adopting the principles of "new urbanism." New urbanism is a land development
policy that attempts to solve issues created by urban sprawl, such as traffic jams, ugliness, and lifeless
downtowns, by establishing compact, mixed-use, and pedestrian friendly communities. The principles
of new urbanism can be achieved through creating mixed-use areas with residential areas located
within walking distance of commercial areas located in a town center, creating parks and civic spaces
located near the town center, and building narrow streets with sidewalks and trees to promote
walking. 13
New urbanism also includes creating communities and neighborhoods that have a certain style of
architecture and design and, thus, are more pleasant to live in and walk through. Local governments
can accomplish this by requiring buildings, including single- and two- family buildings, within their
jurisdictions too have specific building design elements. 14
Opponents of the adoption of the building design element ordinances argue that these types of building
design elements increase housing costs and prevent homeowners from choosing their own preferences
or styles. 15 Local governments argue that the building design element ordinances ensure that poorly
designed buildings do not lower the value of surrounding properties. Prohibiting such ordinances, they
say, will prevent them from developing a plan for their own community. 16
9
Osceola County Land Development Code,§ Ch. 3, Article 3.2.2.; Code of the City of Orlando,§ Ch. 58, Part 3, Section 58.517;
Orange County Code, § Chapter 38, Article VIII, Division 8.
10
Osceola County Land Development Code, § Ch. 3, Article 3.2.2.; Code of the City of Orlando, § Ch. 58, Part 3, Section 58.517;
City of Winter Park Code of Ordinances,§ Ch. 58, Art. 3, Section 58-67; Orange County Code,§ Chapter 38, Article VIII, Division 8.
11
Orange County Code,§ Chapter 38, Article VIII, Division 8; City of Winter Park Code of Ordinances,§ Ch. 58, Art. 3, Section 58-
67
12
Code of the City of Orlando,§ Ch. 58, Part 3, Section 58.517.
13 Doris S. Goldstein, New Urbanism: Recreating Florida by Rewriting the Rules, Florida Bar Journal, April 2006, at 63; Michigan
Land Institute, 10 Principles of New Urbanism, http://www.mlui.org/mlui/news-views/articles-from- I 995-to-
2012.html?archive id=678# .Xhd62ehKiUk (last visited Jan. 29, 2021 ); Congress for the New Urbanism, What is New Urbanism?,
https://www.cnu.org/resources/what-new-urbanism (last visited Jan. 29, 2021).
14 Id.
15
Michael Bezruki, Governor Signs Arkansas Housing Affordability Bill Into Law, National Home Association of Home Builders,
March 15, 2019, http://nahbnow.com/20 I 9/03/governor-signs-arkansas-housing-affordability-bill-into-law/ (last visited Jan. 29,
2021); Doug Thompson, Restrictions on home building barred in Arkansas, Northwest Arkansas Democrat Gazette, March 17, 2019,
https://www.nwaonline.com/ne,ws/2019/mar/l 7/restrictions-on-home-building-barred-in/ (last visited Jan. 29, 2021).
16
Daniel Herriges, Building Design Requirements Are Sometimes Bad for Cities. But Abolishing Them All ls Worse, Strong Towns,
April 11, 2019 https://www.strongtowns.org/joumal/2019/4/1 1/design-standards-are-an-important-tool-for-cities-dont-do-away-with-
them (last visited Jan. 29, 2021 ); Elaina Sauber, Housing design bill worries Franklin officials, Tennessean, April 18, 2017
https://www.tennessean.com/story/news/ local/wi ll iamson/2017/04/ 18/housing-design-bill-worries-rranklin-officials/ I 00561994/ (last
visited Jan. 29, 2021).
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States That Prohibit Local Government Regulations For Building Design Elements
North Carolina and Arkansas prohibit local governments from adopting regulations that require specific
building design elements for single- and two- family dwellings unless certain conditions exist.17
Tennessee and Georgia considered bills to enact laws similar to North Carolina and Arkansas;
however, the bills did not pass. 18
Passed in 2015, North Carolina's law prohibits cities and counties from adopting regulations that
require "building design elements" for single- and two- family dwellings. The North Carolina law also
prohibits such regulations from being applied to any zoning district or conditional district unless
voluntarily consented to by the owners of the all the properties subject to the proposed regulation. 19
The North Carolina law defines "building design elements" to include the: 20
• Exterior building color;
• Type or style of exterior cladding 21 material;
• Style or materials of roof structures or porches;
• Exterior nonstructural architectural ornamentation;
• Location or architectural styling of windows and doors, including garage doors;
• Number and types of rooms; and
• Interior layout of rooms.
The phrase does not include: 22
• A single- and two- family dwelling's:
o Height;
o Bulk;
o Orientation; and
o Location of a structure on a zoning lot.
• The use of buffering or screening to minimize visual impacts or impact of light and noise; and
• Regulations governing permitted uses of land.
The North Carolina law allows cities and counties to adopt and enforce regulations that require "building
design elements" for single- and two- family dwellings if: 23
• The dwelling is located in an area designated as a local historic district;
• The dwelling is located in area designated as a historic district on the National Register of
Historic Places; 24
• The dwelling is individually designated as a local, state, or national historic landmark;
17 N.C. Gen. Stat.§ 1600-702; Ark. Code Ann.§ 14-17-212 & 14-56-204.
18 Georgia General Assembly, 2019-2020 Regular Session - HB 302, http://www .legis.ga.gov/ Legislation/en-
US/display/20192020/ HB/302 (last visited Feb. l, 2021); Tennessee General Assembly, 2017-2018 Session - HB 476
http://wapp.capitol.tn.gov/apps/B illinfo/default.aspx?B illNumber=HB0476&ga= 110 (last visited Feb. 1, 2021 ).
19
N.C. Gen. Stat. § 1600-702; R. Erika Churchill, Staff Attorney for the North Carolina General Assembly, Analysis of S.L. 2015-86,
https://dashboard.ncleg.net/api/Services/Bi llSummary/20 I 5/S25-SMST- I47(sl) (last visited Feb. 1, 2021 ); General Assembly of North
Carolina, Session Law 2015-86 Senate Bill 25, June 9, 2015 https://www.ncleg.gov/Sessions/2015/8ills/Senate/POF/S25v3.pdf (last
visited Feb. 1, 2021).
20 N.C. Gen. Stat. § 1600-702.
21 The Florida Building Code and the North Carolina Building Code both define "cladding" as the material that covers the exterior
surface ofa building, and is directly affected by wind load. S. 202 of the Florida Building Code (Residential), Seventh Edition; S. 202
ofthe 2018 North Carolina Building Code (Residential).
22 Id.
23 Id.
24
The National Register of Historic Places is the federal government's official list of historic places in the United States. The National
Historic Preservation Act of 1966 authorized the register, which is administered by the National Park Service. National Park Service,
What is the National Register of Historic Places, https://www.nps.gov/subjccts/nationalregister/what-is-the-national-register.htm (last
visited Feb. I, 2021 ).
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• The regulations are directly and substantially related to the requirements of North Carolina's
Building Code;
• The regulations are applied to manufactured housing in a manner consistent with state and
federal law; and
• The regulations are adopted as a condition for participation in the National Flood Insurance
Program. 25
The prohibition of local regulations that relate to building design elements does not affect the validity or
enforceability of private covenants or other contractual agreements relating to building design elements
between property owners. 26
In 2019, Arkansas passed a similar law that also prohibited cities and counties from adopting
regulations that require "building design elements" for single-family dwellings. The law defines "building
design elements" the same as North Carolina except Arkansas also includes minimum square footage
in its definition and the location and design of a dwelling's garage. 27
In addition to the exceptions provided in the North Carolina law, Arkansas also allows cities and
counties to adopt and enforce building design elements regulations if:
• The dwelling is in a central business district, which can be created by a city to revitalize its
urban center;
• The dwelling existed and was subject to the local regulation prior to the prohibition being
enacted;
• An overlay district regulation if a majority of owners in the district approve the regulation and
the district determines the regulation does not violate Arkansas' Private Property Protection
Act; or
• The regulations are directly related to an immediate public health or safety hazard and the
regulation is derived from the local government's police power. 28
Arkansas also provides that the prohibition of local regulations that relate to building design elements
does not affect the validity or enforceability of covenants or contracts between a property owner and a
city or county. 29
Effect of the Bill
Community Planning Act - Effect of the Bill
The bill prohibits local governments from adopting zoning and development regulations that relate to
building design elements for residential dwellings.
The bill defines the term "building design elements" to mean:
• Exterior building color;
• Type or style of exterior cladding material;
• Style or material of roof structures or porches;
• Exterior nonstructural architectural ornamentation;
• Location or architectural styling of windows or doors, including garage doors;
• Number and type of rooms; and
25
The National Flood Insurance Program is administered by FEMA. The goal of the program is to reduce the impact of flooding on
private and public structures by providing affordable insurance to property owners, and encouraging communities to adopt and enforce
floodplain management regulations. FEMA, The National Flood Insurance Program, https://www.fema.gov/national-flood-insurance-
program (last visited Feb. 1, 2021 ).
26 Id.
27
Ark. Code Ann. § 14-17-212 & 14-56-204; SB 170, 92nd Leg. Reg. Sess. (AR 2019).
2s Id.
29 Id.
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• Interior layout of rooms.
The term does not include:
• A residential dwelling's:
o Height;
o Bulk;
o Orientation;
o Location on a zoning lot; or
• The use of buffering or screening to minimize potential adverse physical or visual impacts or
protect the privacy of neighbors.
The bill allows local governments to adopt and enforce regulations that require "building design
elements" for residential dwellings if:
• The dwelling is listed in the National Register of Historic Places;
• The dwelling is a contributing property to a historic district in the National Register of Historic
Places;
• The dwelling is listed as a historic property or a contributing property to a historic district by a
local preservation ordinance;
• The regulations are adopted in order to implement the National Flood Insurance Program.
The bill also provides that the prohibition of zoning and development regulations that relate to building
design elements does not affect the validity or enforceability of private covenants or other contractual
agreements relating to building design elements between property owners.
B. SECTION DIRECTORY:
Section 1. Amending s. 163.3202, F.S., prohibiting local governments from enacting certain
regulations for certain residential buildings.
Section 2. Providing an effective date of July 1, 2021 .
II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT
A. FISCAL IMPACT ON STATE GOVERNMENT:
1. Revenues:
None.
2. Expenditures:
None.
B. FISCAL IMPACT ON LOCAL GOVERNMENTS:
1. Revenues :
None.
2. Expenditures:
Indeterminate. Local governments may have additional expenditures because of an increase in
legal challenges to zoning and other regulations.
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C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
Indeterminate. However, prohibiting certain building design elements ordinances and other regulations
may lead to a decrease in the cost of construction.
D. FISCAL COMMENTS:
None.
Ill. COMMENTS
A. CONSTITUTIONAL ISSUES:
1. Applicability of Municipality/County Mandates Provision:
None.
2. Other:
None.
B. RULE-MAKING AUTHORITY:
None.
C. DRAFTING ISSUES OR OTHER COMMENTS:
The bill provides that zoning and development regulations may not relate to "building design elements."
However, zoning and development regulations are not defined in the Community Planning Act. It is
recommended that zoning and development regulations be changed to land development regulations,
which is defined in the Community Planning Act, and includes zoning regulations.
Prohibiting local governments from requiring certain types of cladding or roofing material may weaken
residential dwellings that are at a higher risk for hurricane damage. Local governments that are more at
risk for hurricane damage may want to adopt regulations requiring a certain type of exterior cladding or
roof material that is stronger than other types allowed by the Building Code. However, this bill will
prohibit that. The sponsor may want to clarify that any properly adopted local amendment to the
Building Code that may be related to cladding or roofing is not included in the bill's prohibitions.
North Carolina and Arkansas' laws prohibit local governments from adopting regulations that require
certain building design elements for single- and two- family dwellings. However, the bill prohibits local
governments from adopting regulations that require certain building design elements for any residential
dwellings including multi-family dwellings.
IV. AMENDMENTS/ COMMITTEE SUBSTITUTE CHANGES
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FLORIDA H O U S E 0 F REPRESENTATIVES
HB 55 2021
1 A bill to be entitled
2 An act relating to building design; amending s.
3 163.3202, F.S.; prohibiting certain regulations
4 relating to building design elements from being
5 applied to certain structures; providing exceptions;
6 defining the term "building design elements";
7 providing construction; providing an effective date.
8
9 Be It Enacted by the Legislature of the State of Florida:
10
11 Section 1. Present subsection (5) of section 163.3202,
12 Florida Statutes, is redesignated as subsection (6), and a new
13 subsection (5) is added to that section, to read:
14 163.3202 Land development regulations.-
15 (5) (a) Zoning and deve lopment regulations relat ing to
16 building design elements may not be applied to any residential
17 dwelling unless:
18 1. The structure is listed in the National Register of
19 Historic Places, as defined ins. 267 .021(5); is a contributing
20 property to a National Register Historic District; or is
21 designated as a historic property or a contributing property to
22 a histori c district, under the terms of a local preservation
23 ordinance; or
24 2. The regulations a r e adopted i n order to imple ment t h e
25 National Flood Insurance Program.
Page 1 of 2
CODING: Words strisken are deletions; words underlined are additions.
hb0055-00
FLORIDA H O U S E 0 F REPRESENTATIVES
HB 55 2021
26 (b) For purposes of this subsection, the term "building
27 design elements" means the external building color; the type or
28 style of exterior cladding material; the style or material of
29 roof structures or porches; the exterior nonstructural
30 architectural ornamentation; the location or architectural
31 styling of windows or doors, including garage doors; the number
32 and type of rooms; and the interior layout of rooms. The term
33 does not include the heigh t, bulk , orientation , or location of a
34 structure on a zoning lot; or the use of buffering or screening
35 to minimize potential adverse physical or visual impacts or
36 protect the privacy of neighbors.
37 (c) This subsection does not affect the validity or
38 enforceability of private covenants or other contractual
39 agreements relating to building design elements between property
40 owners.
41 Section 2. This act shall take effect July 1, 2021.
Page 2 of 2
CODING: Words stricken are deletions; words underlined are additions.
hb0055-00
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 55 (2021)
Amendment No. 1 .
COMMITTEE/SUBCOMMITTEE ACTION
ADOPTED (Y/N)
ADOPTED AS AMENDED (Y/N)
ADOPTED W/0 OBJECTION (Y/N)
FAILED TO ADOPT (Y/N)
WITHDRAWN (Y/N)
OTHER
1 Committee/Subcommittee hearing bill: Regulatory Reform
2 Subcommittee
3 Representative Overdorf offered the following:
4
5 Amendment
6 Remove everything aft e r the enacting clause and insert:
7 Section 1. Subsection (5) of section 163.3202, Florida
8 Statutes, is renumbered as subsection (6), respectively, and
9 subsection (5) is added to that section, to read:
10 163.3 2 02 Land devel opment regulations. -
11 (5) (a) Land development regulations relating to building
12 design elements may not be applied to a single- or two-family
13 dwe lling unless:
14 1. The dwell i ng is li s ted in th e Nationa l Register of
15 Historic Places, as defined ins. 267 . 021(5); is a located in a
16 National Register Historic District; or is designated as a
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 55 (2021)
Amendment No. 1 .
17 historic property or located in a historic district, under the
18 terms of a local preservation ordinance;
19 2. The regulations are adopted in order to implement the
20 National Flood Insurance Program;
21 3. The regulations are adopted pursuant to and in
22 compliance with chapter 553; or
23 4. The dwelling is located in a community redevelopment
24 area, as defined ins. 163.340(10).
25 (b) For purposes of this subsection, the term "building
26 design elements" means the external building color; the type or
27 style of exterior cladding material; the style or material of
28 roof structures or porches; the exterior nonstructural
29 architectural ornamentation; the location or architectural
30 styling of windows or doors; the location or orientation of the
31 garage; the number and type of rooms; and the interior layout of
32 rooms. The term does not include the height, bulk, orientation,
33 or location of a dwelling on a zoning lot; or the use of
34 buffering or screening to minimize potential adverse physical or
35 visual impacts or to protect the privacy of neighbors.
36 (c) This subsection does not affect the validity or
37 enforceability of private covenants or other contractual
38 agreements relating to building design elements .
39 Section 2. This act shall take effect July 1, 2021.
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COMMERCE COMMITTEE
HB 55 by Rep. Overdorf
Building Design
AMENDMENT SUMMARY
February 10, 2021
Amendment 1 by Rep. Overdorf (strike-all):
The amendment:
• Clarifies that residential dwellings are limited to single- and two- family dwellings.
• Adds additional types of dwellings that local governments may apply building design
restrictions to, including:
o Single- and two- family dwellings located in historic districts instead of only
dwellings that contribute to historic districts.
o Single- and two- family dwellings located in community redevelopment areas.
o When the regulations are adopted in accordance with and in compliance with the
process for adopting local amendments to the Florida Building Code.
• Clarifies that building design restrictions include the location and orientation of a garage.
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HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: HB 73 Malt Beverage Advertising Agreements
SPONSOR(S): Tomkow
TIED BILLS: IDEN./SIM. BILLS:
REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF
1) Regulatory Reform Subcommittee Willson }1\J Anstead if.°'-
2) Commerce Committee
SUMMARY ANALYSIS
Florida's "Tied House Evil Law," s. 561.42, F.S., prohibits a manufacturer or distributor of alcoholic beverages
from having a financial interest, directly or indirectly, in the establishment or business of a licensed vendor, and
prohibits a manufacturer or distributor from giving gifts, loans, property, or rebates to retail vendors.
The bill creates s. 561.42(15)(a), F.S., providing that, notwithstanding any other provision of the Tied House
Evil Law, a manufacturer or importer of malt beverages and a vendor may enter into a written agreement for
brand-naming rights and associated cooperative advertising if:
• The agreement is negotiated at arm's length for no more than fair market value;
• The vendor operates places of business where consumption on the premises is permitted;
• The premises are located within a theme park complex that is owned, managed, controlled, and
operated by the vendor;
• If the theme park complex comprises at least 25 enclosed acres of land with permanent exhibitions and
a variety of recreational activities, the theme park complex has a controlled entrance to, and exit from,
the enclosed area;
• At least 1 million visitors annually pay admission fees to the theme park complex;
• The agreement does not involve the sale or distribution of malt beverages between the vendor and the
manufacturer or the importer and each distributor;
• The vendor, as a result of the agreement, does not give preferential treatment to the alcoholic beverage
brand(s) of the manufacturer or importer;
• The agreement does not limit, directly or indirectly, the sale of alcoholic beverages of another
manufacturer, importer or distributor; and
• Within 10 days after execution of the agreement, the vendor files with the division a description of the
written agreement for brand naming rights which includes the location, dates, and the name of the
manufacturer or importer that entered into the agreement.
The bill prohibits a manufacturer or importer from soliciting or receiving, and prohibits a distributor from paying,
any portion of the brand-naming rights or cooperative advertising agreement. The bill also specifies that such
an agreement may not in any way obligate or place responsibility, financial or otherwise, on a distributor.
The bill does not have a fiscal impact on state or local governments.
The bill provides an effective date of July 1, 2021 .
This document does not reflect the intent or official position of the bill sponsor or House of Representatives.
STORAGE NAME: h0073.RRS .DOCX
DATE: 2/3/2021
FULL ANALYSIS
I. SUBSTANTIVE ANALYSIS
A. EFFECT OF PROPOSED CHANGES:
Beverage Law
In Florida, the Beverage Law 1 regulates the manufacture, distribution, and sale of wine, beer, and liquor
by manufacturers, distributors, and vendors. The Division of Alcoholic Beverages and Tobacco
(Division) within the Department of Business and Professional Regulation (DBPR) administers and
enforces the Beverage Law. 2
"Alcoholic beverages" are defined in s. 561.01, F.S., as "distilled spirits and all beverages containing
one-half of 1 percent or more alcohol by volume." "Malt beverages" are brewed alcoholic beverages
containing malt. 3
Section 561.14, F.S., specifies license and registration classifications used in the Beverage Law:
• "Manufacturers" are those "licensed to manufacture alcoholic beverages and distribute the same
at wholesale to licensed distributors and to no one else within the state, unless authorized by
statute."
• "Distributors" are those "licensed to sell and distribute alcoholic beverages at wholesale to
persons who are licensed to sell alcoholic beverages."
• "Importers" are those licensed to sell, or to cause to be sold, shipped, and invoiced, alcoholic
beverages to licensed manufacturers or licensed distributors, and to no one else in this state. 4
• "Vendors" are those "licensed to sell alcoholic beverages at retail only" and may not "purchase
or acquire in any manner for the purpose of resale any alcoholic beverages from any person not
licensed as a vendor, manufacturer, bottler, or distributor under the Beverage Law."
Three-Tier System and Tied House Evil
Since the repeal of Prohibition in 1933, regulation of alcohol in the United States has traditionally been
based upon what is termed the "three-tier system." The system requires separation of the manufacture,
distribution, and sale of alcoholic beverages. The manufacturer creates the beverages, and the
distributor obtains the beverages from the manufacturer to deliver to the vendor. The vendor makes the
ultimate sale to the consumer. 5
Generally, only licensed vendors are permitted to sell alcoholic beverages directly to consumers at
retail, and manufacturers, distributors, and exporters6 are generally prohibited from holding a vendor's
license. 7 Manufacturers, distributors, and vendors are generally prohibited from being licensed or
having an interest in more than one tier. Limited exceptions exist, subject to certain conditions, such as
the ability for a craft brewery to hold a vendor's license, a restaurant to hold a manufacturer's license
(brew pub), and a winery to hold up to three vendor's licenses. 8
1
Section 561.01(6), F.S., provides that the "The Beverage Law" means chs. 561, 562, 563, 564, 565, 567, and 568, F.S.
2
S. 561.02, F.S.
3
S. 563.01, F.S.
4
S. 561.01(5), F.S.
5
S. 561.14, F.S.
6
S. 561.01(16), F.S. "Exporter" means any person that sells alcoholic beverages to persons for use outside the state and includes a
ship's chandler and a duty-free shop
7
S. 561.22(1), F.S.; s. 561.14(3), F.S. However, see the exceptions provided in ss. 561.221 and 565.03, F.S.
8
See ss. 561.22, F.S.; 561.24, F.S.; 561.14(1), F.S.; and 563.022(14), F.S.
STORAGE NAME: h0073.RRS.D0CX PAGE: 2
DATE: 2/3/2021
The three-tier system is deeply rooted in the perceived evils of the "tied house" in which a bar is owned
or operated by a manufacturer or the manufacturer exercises undue influence over the retail vendor. 9
Florida's "Tied House Evil Law," s. 561.42, F.S., prohibits a manufacturer or distributor of alcoholic
beverages from having a financial interest, directly or indirectly, in the establishment or business of a
licensed vendor, and prohibits a manufacturer or distributor from giving gifts, loans, property, or rebates
to retail vendors.
Florida's Tied House Evil Law prohibits a licensed manufacturer or distributor from:
• having any direct or indirect financial interest in any vendor;
• assisting any vendor using gifts, loans, money or property of any description (except for bottles,
barrels or other containers necessary for the transportation of beverages);
• giving any rebates of any kind whatsoever;
• engaging in cooperative advertising with a vendor;
• naming a vendor in any advertisement for a malt beverage tasting; and
• paying for particular placement, signage, or other brand promotion within a vendor premises for
malt beverages produced by the manufacturer. 10
Effect of the Bill
The bill creates s. 561.42(15)(a), F.S., providing that, notwithstanding any other provision of the Tied
House Evil Law, a manufacturer or importer of malt beverages and a vendor may enter into a written
agreement for brand-naming rights and associated cooperative advertising if:
• The agreement is negotiated at arm's length for no more than fair market value;
• The vendor operates places of business where consumption on the premises is permitted;
• The premises are located within a theme park complex that is owned, managed, controlled, and
operated by the vendor;
• If the theme park complex comprises at least 25 enclosed acres of land with permanent
exhibitions and a variety of recreational activities, the theme park complex has a controlled
entrance to, and exit from, the enclosed area;
• At least 1 million visitors annually pay admission fees to the theme park complex;
• The agreement does not involve the sale or distribution of malt beverages between the vendor
and the manufacturer or the importer and each distributor;
• The vendor, as a result of the agreement, does not give preferential treatment to the alcoholic
beverage brand(s) of the manufacturer or importer;
• The agreement does not limit, directly or indirectly, the sale of alcoholic beverages of another
manufacturer, importer or distributor; and
• Within 10 days after execution of the agreement, the vendor files with the division a description
of the written agreement for brand naming rights which includes the location, dates, and the
name of the manufacturer or importer that entered into the agreement.
The bill prohibits a manufacturer or importer from soliciting or receiving, and prohibits a distributor from
paying, any portion of the brand-naming rights or cooperative advertising agreement. The bill also
specifies that such an agreement may not in any way obligate or place responsibility, financial or
otherwise, on a distributor.
The bill provides an effective date of July 1, 2021 .
9
See Andrew Tamayo, What's Brewing in the Old North State: An Analysis of the Beer Distribution Laws Regulating North
Carolina's Crafi Breweries, 88 N.C. L. REV. 2198 (2010), http://scholarship.!aw.unc.edu/nclr/vol88/ iss6/6.
10
S. 561.42, F.S.
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DATE: 2/3/2021
B. SECTION DIRECTORY:
Section 1 Amends s. 561.42, F.S ., revising terms; creating exemptions and penalties relating to
the Tied House Evil Law.
Section 2 Provides for an effective date.
II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT
A FISCAL IMPACT ON STATE GOVERNMENT:
1. Revenues :
None.
2. Expenditures:
The bill will require DBPR to modify information technology systems to manage the new
agreements. These modifications can be made with existing resources.
8 . FISCAL IMPACT ON LOCAL GOVERNMENTS:
1. Revenues:
None.
2. Expenditures:
None.
C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
Manufacturers and importers of malt beverages and qualified vendors will no longer be prohibited from
entering into agreements for brand naming rights under certain circumstances. This relaxation of the
Tied House Evil Law may allow certain licensees to benefit financially while negatively impacting other
licensees.
D. FISCAL COMMENTS:
None.
Ill. COMMENTS
A CONSTITUTIONAL ISSUES:
1. Applicability of Municipality/County Mandates Provision:
Not Applicable. This bill does not appear to affect county or municipal governments.
2. Other:
None.
8 . RULE-MAKING AUTHORITY:
DBPR has sufficient rule-making authority to modify current rules to reflect the modifications provided
for in the bill.
C. DRAFTING ISSUES OR OTHER COMMENTS:
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DATE : 2/3/2021
It is unclear whether the "if' on line 29 is a typo.
IV. AMENDMENTS/ COMMITTEE SUBSTITUTE CHANGES
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DATE: 2/3/2021
FLORIDA H O U S E 0 F REPRESENTATIVES
HB 73 2021
1 A bill to be entitled
2 An act relating to malt beverage advertising
3 agreements; amending s. 561.42, F.S.; prohibiting
4 certain entities and persons from directly or
5 indirectly assisting or providing specified items,
6 moneys, or services to a licensed vendor; prohibiting
7 a licensed vendor from accepting specified items,
8 moneys, or services from certain entities or persons;
9 providing an effective date.
10
11 Be It Enacted by the Legislature of the State of Florida:
12
13 Section 1. Subsection (15) is added to section 561.42,
14 Florida Statutes, to read:
15 561.42 Tied house evil; financial aid and assistance to
16 vendor by manufacturer, distributor, importer, primary American
17 source of supply, brand owner or registrant, or any broker,
18 sales agent, or sales person thereof, prohibited; procedure for
19 enfqrcement; exception.-
20 (15) (a) Notwithstanding any other provision of this
21 section, a manufacturer or importer of malt beverages and a
22 vendor may enter into a written agreement for brand naming
23 rights and associated cooperative advertising in an arm's length
24 transaction for no more than fair market value if all of the
25 following conditions are met:
Page 1 of 3
CODING: Words strioken are deletions; words underlined are additions.
hb0073-00
FLORIDA H O U S E 0 F REPRESENTATIVES
HB 73 2021
26 1. The vendor operates places of business at which
27 consumption on the premises is permitted, the premises are
28 located within a theme park complex that is owned, managed,
29 controlled, and operated by the vendor, if the theme park
30 complex comprises at least 25 enclosed acres of land with
31 permanent exhibitions and a variety of recreational activities,
32 the theme park complex has a controlled entrance to, and exit
33 from, the enclosed area, and at least 1 million visitors
34 annually pay admission fees to the theme park complex.
35 2. The agreement does not involve, in whole or in part,
36 the sale or distribution of malt beverages between the vendor
37 and the manufacturer or the importer and each distributor.
38 3. The vendor, as a result of the agreement, does not
39 provide preferential treatment to the alcoholic beverage brand
40 or brands of the manufacturer or importer with whom the vendor
41 has entered into the agreement.
42 4. The agreement does not limit, directly or indirectly,
43 the sale of alcoholic beverages of another manufacturer,
44 importer, or distributor .
45 5. Within 10 days after execution of the agreement, the
46 vendor files with the division a description of the agreement
47 which includes the location, dates, and the name of the
48 manufacturer or importer that entered into the agreement.
49 (b) A manufacturer or importer of malt beverages which is
50 a party to a brand naming rights agreement may not, directly or
Page 2 of 3
CODING: Words stricken are deletions; words underlined are additions.
hb0073-00
FLORIDA H O U S E 0 F REPRESENTATIVES
HB 73 2021
51 indirectly, solicit or receive from any of its distributors any
52 portion of the payment due from the manufacturer or importer of
53 malt beverages to the vendor pursuant to such agreement. Such
54 agreement exists solely between the manufacturer or importer and
55 the vendor and does not, directly or indirectly, in any way
56 obligate or place responsibility, financial or otherwise, upon a
57 distributor.
58 Section 2. This act shall take effect July 1, 2021.
Page 3 of 3
CODING: Words stricken are deletions; words underlined are additions.
hb0073-00
:c
OJ
N
.......
(0
HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL#: HB 219 Vacation Rentals
SPONSOR(S): Fischer and others
TIED BILLS: IDEN./SIM. BILLS: SB 522
REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF
1) Regulatory Reform Subcommittee Thompson
2) Ways & Means Committee
3) Commerce Committee
SUMMARY ANALYSIS
The Division of Hotels and Restaurants (Division) in the Department of Business and Professional Regulation
(DBPR) licenses and inspects vacation rentals within the state.
A vacation rental is classified as any unit or group of units in a condominium or cooperative or any individually
or collectively owned home, not a timeshare project, which is rented to guests more than three times in a
calendar year for periods of less than 30 days or 1 calendar month, or advertised to the public as a place
regularly rented to guests. The rental of individual rooms within a condominium unit or house is excluded from
the licensure and regulation of public lodging establishments by the Division.
Local governments may not prohibit vacation rentals or regulate the duration or frequency of such rentals.
Local regulations adopted before June 1, 2011, are not subject to this prohibition.
The bill:
• Defines the term "advertising platform;"
• Preempts to the state the regulation of advertising platforms;
• Requires that users of advertising platforms include license and tax identification information in a
vacation rental listing and provide certain information to the Division on a regular basis;
• Requires advertising platforms to collect and remit taxes due under chs. 212 and 125, F.S.;
• Grants the Division certain enforcement mechanisms relating to unlicensed activities;
• Clarifies the scope of the state preemption of vacation rentals, and prohibits local laws, ordinances, or
regulations that allow or require the inspection or licensure of public lodging establishments, vacation
rentals, and public food service establishments;
• Specifies that local regulations which apply uniformly to all residential properties are not subject to
preemption;
• Specifies that the bill does not supersede the authority of condominiums, cooperatives, or homeowners'
associations to restrict the use of their properties;
• Requires vacation rental operators to display license and tax identification information; and
• Requires advertising platforms to adopt an antidiscrimination policy.
The bill may have an indeterminate fiscal impact on state revenues and expenditures, and a negative fiscal
impact on some local governments that currently regulate advertising platforms and vacation rentals . See
Fiscal Analysis and Economic Impact Statement.
Except as otherwise provided, the bill takes effect upon becoming law.
This document does not reflect the intent or official position of the bill sponsor or House of Representatives.
STORAGE NAME: h0219.RRS .DOCX
DATE: 2/3/2021
FULL ANALYSIS
I. SUBSTANTIVE ANALYSIS
A. EFFECT OF PROPOSED CHANGES:
Present Situation
Vacation Rentals
The Division of Hotels and Restaurants (Division) within the Department of Business and Professional
Regulation (DBPR) is charged with enforcing the provisions of ch . 509, F.S., and all other applicable
laws relating to the inspection and regulation of public lodging establishments and public food service
establishments for the purpose of protecting the public health, safety, and welfare. DBPR licenses
vacation rentals within the state and has the power to inspect a licensed vacation rental. 1
Public lodging establishments are classified as a hotel, motel, vacation rental, nontransient apartment,
transient apartment, bed and breakfast inn, or timeshare project. 2
The term "public lodging establishments" includes transient and nontransient public lodging
establishments. 3 The principal differences between transient and nontransient public lodging
establishments are the number of times that the establishments are rented in a calendar year and the
length of the rentals.
The term "transient public lodging establishment" means any unit, group of units, dwelling, building, or
group of buildings within a single complex of buildings, which is rented to guests more than three times
in a calendar year for periods of less than 30 days or one calendar month, whichever is less, or which
is advertised or held out to the public as a place regularly rented to guests.4
The term "vacation rental" means any unit or group of units in a condominium or cooperative or any
individually or collectively owned single-family, two-family, three-family, or four-family house or dwelling
unit that is also a transient public lodging establishment but that is not a timeshare project. 5
Current law exempts living or sleeping facilities that do not fit within the classification of a hotel, motel,
timeshare project, vacation rental, nontransient apartment, bed and breakfast inn, or transient
apartment. 6 Currently, the classification for "vacation rental" only applies to situations where the entire
unit or dwelling is offered for rent; therefore the rental of individual rooms within a condominium unit or
house is excluded from the licensure and regulation of public lodging establishments by the Division.7
Licensure
The Division is authorized to issue vacation rental licenses as follows:
• Single license : issued to an individual person or entity, but not a licensed agent, and may
include one single-family house or townhouse, or a unit or group of units within a single building
that are owned and operated by the same individual person or entity.
• Group license: issued to a licensed agent to cover all units within a building or group of
buildings in a single complex and only covers units held out to the public as a place regularly
rented to guests.
1
S. 509.241 , F.S.
2
S. 509.242(1), F.S.
3
S. 509.013(4)(a), F.S.
4
S. 509.013(4)(a)l., F.S.
5
S. 509.242(1)(c), F.S.
6
S 509.013(4)(b)9., F.S.
7
DBPR, Agency Analysis of2020 Senate Bill 1128, p.2 (Jan. 7, 2020). See also 18-06 Fla. Op.Att'y Gen. (2018).
STORAGE NAME: h0219.RRS .DOCX PAGE: 2
DATE: 2/3/2021
• Collective license: issued to a licensed agent who represents a collective group of houses or
units found on separate locations not to exceed 75 houses per license.8
Applicants for licensure must submit the appropriate application and required fee to the Division. The
license fees are based on the number of rental units in the establishment. A current license must be
conspicuously displayed in the office or lobby of the licensed establishment. 9 If no office or lobby is
present on the premises of the licensed establishment, the license must be readily available for
inspection upon request. 10
Currently, there are 50,344 public lodging establishments licensed by the Division. These licenses are
distri buted as follows:
• Hotels: 2,159 licenses;
• Motels: 2,500 licenses;
• Non-transient apartments: 18,454 licenses;
• Transient apartments: 927 licenses;
• Bed and Breakfast Inns: 270 licenses;
• Vacation rental condominiums: 8,741 licenses;
• Vacation rental dwellings: 17,267 licenses; and
• Vacation rental timeshare projects: 26 licenses.11
License Fees
The Division provides the following fee schedule relating to vacation rentals:12
• Vacation rentals/collective license.
BASIC PER UNIT FEE HEP FEE 13 TOTAL FEE
FEE -
$150 $10 $10 VARIES
s1n1 Ie r1cense.
srgroup an d .
• V acat1on renta I /
NUMBER OF BASIC FEE INCREMENTAL HEP FEE TOTALFEE
UNITS UNIT FEE
SINGLE $150 $10 $10 $170
UNIT
2-25 $150 $20 $10 $180
26-50 $150 $35 $10 $195
51-100 $150 $50 $10 $210
101-200 $150 $75 $10 $235
201-300 $150 $105 $10 $265
301-400 $150 $135 $10 $295
401-500 $150 $160 $10 $320
OVER $150 $190 $10 $350
500
8
S. 509.241, F.S.
9
S. 509.241(3), F.S.
10
R. 61C-l.002(1), F.A.C.
11
DBPR, Division of Hotels and Restaurants Annual Report f or FY 2019-2020,
http://www.myfloridalicense.com/dbpr/hr/reports/annualreports/documents/ar2019 20.pdf (last visited Feb. I, 2021 ).
12
R. 61C-l.008, F.A.C .
13
S. 509.302, F.S., establishes the Hospitality Education Program. All public lodging establishments and all public food service
establishments licensed under ch. 509, F.S., are required to pay an annual fee ofno more than $10, which shall be included in the
annual license fee and used for the sole purpose of funding the Hospitality Education Program.
STORAGE NAME: h0219.RRS.DOCX PAGE: 3
DATE: 2/3/2021
Applicants for initial licensure are required to pay the full license fee if the application is made during, or
more than six months before, the annual renewal period. A half-year fee is authorized if such
application is made 6 months or less before the renewal period.
A $50 application fee is required when making the initial application or an application for change of
ownership.
Renewal fees are based upon the number of units under the license when the license was either issued
or last renewed, whichever is most recent.
A $50 delinquency fee is required to renew a delinquent license filed with the Division after the
expiration date.
Sanitation and Safety
Current law requires each public lodging establishment to meet requirements and standards relating to
sanitation and safety. 14 These requirements and standards apply to the following:
• Water, plumbing and waste;
• Public bathrooms (vacation rentals are exempt from this requirement);
• Towels;
• Glassware, tableware, and utensils (vacation rentals are exempt from federal and state
standards but must sanitize with household cleaning supplies and provide notice of such in
guest rooms);
• Kitchens;
• Ice making machines;
• Locking devices;
• Vermin control;
• Storage and labeling of toxic items;
• Structural components, attachments, and fixtures; and
• Attics, basements, boiler rooms, meter rooms, laundry rooms, and storage rooms.
Ventilation and Fire Safety
Each bedroom in a public lodging establishment must be properly ventilated with windows or
mechanical ventilation .15 Specialized smoke detectors for the deaf and hearing-impaired must be made
available upon request by guests in transient public lodging establishments without charge. 16
In addition, smoke alarms must be installed in every living unit, 17 and automatic fire sprinklers may be
required in public lodging establishments if the rental units are located within a building with three or
more stories or greater than 75 feet in height. 16 All local fire authority requirements must be met.
Electrical wiring must be in good repair.
Conduct on Premises
The operator of a public lodging establishment is authorized to refuse accommodations or service to
undesirable guests. 19 Subject to proper notification, an operator may remove guests who:
• Illegally possess or deal controlled substances;
• Are intoxicated;
14
See generally s. 509.221, F.S., and R. 61C-1&3, F.A.C.
15
S. 509.221(3), F.S.
16
R. 61C-l.004, F.A.C.
17
S. 509.215(l)(b), F.S.
18
S. 509.215(1), F.S.
19
S. 509.142, F.S.
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DATE: 2/3/2021
• Are profane, lewd, or brawling;
• Disturb the peace and comfort of other guests;
• Injure the reputation, dignity, or standing of the establishment;
• Fail to pay rent on time;
• Fail to check out on time;
• Are generally detrimental to the establishment. 20
The admission to , or the removal from, a public lodging establishment cannot be based upon race ,
creed, color, sex, physical disability, or national origin. 21
Violations for remaining or attempting to remain in an establishment after being requested to leave are
a second-degree misdemeanor, punishable as provided in ss. 775.082 or 775.083, F.S. 22
In addition, an operator is authorized to take a person into custody and detain that person for disorderly
conduct that creates a threat to the life or safety of the person or others. 23
Inspections
The Division is required to inspect all public lodging establishments as often as necessary for the
enforcement of the law and protection of the public health, safety and welfare. Each licensed public
lodging establishment must be inspected at least biannually (twice per year), except for transient and
non-transient apartments, which must be inspected at least annually.24
Vacation rentals are not subject to this requirement, but must be available for inspection upon a request
by the Division. For inspection purposes, the licensee or operator must, upon request, meet the
inspector at the site of a specified est~blishment with keys to the licensed house or unit being
inspected. 25
Additionally, an applicant for a vacation rental license is required to submit with the license application
a signed certificate evidencing the inspection of all balconies, platforms, stairways, railings, and
railways from a person competent to conduct such inspections. 26
The Division also may inspect a vacation rental in response to a consumer complaint related to
sanitation issues or unlicensed activity. In Fiscal Year 2018-2019, the Division received 228 consumer
complaints related to vacation rentals, of which 14 were confirmed as a violation by the Division. 27 In
Fiscal Year 2019-2020, the Division received 1,391 consumer complaints related to vacation rentals, of
which 38 were confirmed as a violation by the Division.28 According to the department, the uptick in
complaints was tied to the Governor's COVID-19 Executive Orders. A lot of complaints were received
regarding vacation rentals operating when they were not supposed to be. 29
Registry
The licensee or operator of a vacation rental must notify the Division of any and all houses or units
represented for inclusion in the license application. Anytime a change occurs in the street or unit
20
S. 509.141(1), F.S.
21
S. 509.141(1), F.S.
22
S. 509.141(3), F.S.
23
S. 509.143(1), F.S.
24 See generally s. 509.032, F.S., r. 61 C-1.002, F.A.C.
2s Id.
26
See ss. 509.211(3), 509.2112, F.S., and r. 61C-3.001, F.A.C.
27
DBPR, Division of Hotels and Restaurants Annual Report for FY 20I8-2019, at 21.
28
DBPR, Division of Hotels and Restaurants Annual Report/or FY 2019-2020, at 21.
29 Email from Colton Madill, Office of Legislative Affairs, Department of Business and Professional Regulation, RE: HB
219 Vacation Rentals (Feb. 2, 2021).
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DATE: 2/3/2021
address or number of houses or units included under the license, the licensee or operator must notify
the Division of any and all houses or units included in the license at least 60 days prior to the expiration
date of the license. In addition, a list of the included houses or units must be maintained in a written
form for inspection by request. 30
Each operator of a transient establishment must maintain a register showing the dates each rental unit
was occupied by a guest as well the rates charged to the occupants. This register must be maintained
in chronological order and available for inspection by the Division at any time . Operators must maintain
two years of register data.3 1
Violations
Any public lodging establishment found to be in violation of ch. 509, F.S., or rules adopted by the
Division, may be subject to administrative actions including the following penalties:
• Fines not to exceed $1,000 per offense; and
• Suspension, revocation, or refusal of a license. 32
Licensees with a single license are responsible for all violations of ch. 509, F.S., or rules adopted by
the Division . The authorized agent of the licensee is responsible for a violation for licensees holding a
collective or group license if the dwelling or unit was listed under the agent or as otherwise reflected in
records filed with the Division. 33
Preemption Authority
Prior to June 1, 2011, local governments regulated vacation rentals (also referred to as resort dwellings
in many local ordinances) . Local governments could restrict or prohibit vacation rentals up to, and
including, banning the use of residential properties as vacation rentals.
Legislation in 2011 preempted the authority to regulate vacation rentals to the state. 34 The preemption
prevented local governments from enacting any new law, ordinance, or regulation that:
• Restricted the use of vacation rentals;
• Prohibited vacation rentals; or
• Regulated vacation rentals based solely on their classification, use, or occupancy.
The 2011 preemption also grandfathered any local law, ordinance, or regulation of vacation rentals
enacted prior to the effective date of the preemption.35
Prior to the 2011 preemption, several municipalities had created regulations specifically relating to
vacation rentals .36 As an example, one ordinance prohibited owners of single-family residences in
residential zones from renting their properties for durations of less than 30 days, although it
grandfathered certain vacation rentals that had already obtained all applicable state and local licenses
30
R. 61C-l.002, F.A.C.
31
S. 509. 101(2), F.S.
32
S. 509.261 (1), F.S.
33
Rule 61C-l.002, F.A.C.
34
Ch. 2011-119, Laws ofFla., codified ins. 509.032(7), F.S.
3s Id.
36
See City of Venice Code of Ordinances, ch. 86, art. V, div. 9, s. 86-151. See also Monroe County Code, No. 004-1997 (2013); Bal
Harbour Village Code of Ordinances, s. 21-363.
STORAGE NAME: h0219.RRS .D0CX PAGE: 6
DATE: 2/3/2021
and permits. 37 Subsequent to the enactment of the 2011 legislation, the vacation rental market
experienced growth. 36
In 2014, the Legislature narrowed the scope of the preemption to preempt only those local regulations
that prohibit vacation rentals or regulate the duration or frequency of vacation rentals. This enabled
local governments to regulate vacation rentals to the extent those regulations do not prohibit or restrict
the duration or frequency of vacation rentals . The amendment retained the grandfather provision for
regulations adopted before 2011. 39
Current law specifies that the preemption of local regulations which prohibit vacation rentals or regulate
the duration or frequency of vacation rentals does not apply to local regulations exclusively relating to
property valuation as a criterion for vacation rental if the local regulation is required to be approved by
the state land planning agency pursuant to an area of critical state concern designation. 40
In addition, the regulation of public lodging establishments and public food service establishments,
including, but not limited to, sanitation standards, inspections, training and testing of personnel, and
matters related to the nutritional content and marketing of foods offered in such establishments, is
preempted to the state. However, local governments or local enforcement districts are still allowed to
conduct inspections of public lodging and public food service establishments for compliance with the
Florida Building Code and the Florida Fire Prevention Code. 41
Recent Activity
Homeowners found to be in conflict with ordinances regulating vacation rentals have taken legal action
against their respective local governments through the Bert J. Harris, Jr., Private Property Rights
Protection Act. 42 The act provides a cause of action for private property owners whose real property
has been inordinately burdened by a specific action of a governmental entity that may not rise to the
level of a "taking" under the State or Federal Constitutions. The inordinate burden can apply to either
an existing use of real property or a vested right to a specific use. 43
In November 2015, the City of Anna Maria passed and adopted Ordinance No. 15-807. This ordinance
provides a general framework for the regulation of vacation rentals, including maximum occupancy
requirements. According to the city's website, since April 2016, approximately 113 Bert Harris Act
claims citing Ordinance No. 15-807 amounting to approximately $38 million in damages have been
filed. 44
In March 2016, Miami Beach passed an ordinance making the fine for a first violation for a resident
caught renting short-term $20,000. Each subsequent fine increases by $20,000 and can be as high as
$100,000. Vacation/short-term rentals that are permitted in certain zoning districts of Miami Beach are
required to provide and conspicuously display the city-issued business tax receipt number and the
37
City of Venice Code of Ordinances, ch. 86, art. V, div. 9, s. 86-151. See also City of Venice v. Gwynn, 76 So. 3d 401,403 (Fla. 2nd
DCA 2011).
38
Melissa Maynard, As Short-Terms Rentals Boom, Regulation an Issue, THE PEW CHARITABLE TRUST (June, 6, 2013),
http://www. pewtrusts. org/en/research-and-ana lysis/blogs/stateline/20 I 3/06/06/as-shortterms-rentals-boom-regu lation-an-issue (last
visited Feb. 1, 2021).
39
Ch. 2014-71, Laws of Fla., codified ins. 509.032(7)(b), F.S.
40
s. 509.032(7)(c), F.S.
41 S. 509 .032(7)(a), F.S.
42
Kathy Prucnell, 2 more Holmes Beach Bert Harris claims proceed to courthouse, THE ISLANDER (Feb. 20, 2018),
https://www.islander.org/2018/02/2-more-holmes-beach-bert-harris-claims-proceed-to-c0urthouse/ (last visited Feb. 1, 2021 ).
43
S. 70.001, F.S.
44
CITY OF ANNA MARIA, Bert J. Harris, Jr., Private Property Rights Protection Act Claim Filings,
htlp://www.cityofannamaria.com/residents/bert harris claim.php (last visited Mar. 16, 2019).
STORAGE NAME: h0219.RRS.D0CX PAGE: 7
DATE: 2/3/2021
resort tax certificate number in every advertisement or listing of any type in connection with the rental of
the residential property. 45
In June 2018, it was reported that Miami Beach had issued $12.1 million in fines, only $174,000 of
which had been paid. Some vacation rental owners were reported to have accumulated up to $60,000
in fines. 46 Since then, the Third District Court of Appeals invalidated the city's fine structure after
determining the regulations conflict with state law that caps violation fines between $1,000 and
$5,000. 47 As a result, the city has left the regulations in place and simply revised the fine structure.
First-time offenders are fined $1,000 a day, and repeat offenders are fined $5,000 per day. According
to a memo from the City Attorney, the new fine structure complies with the ruling against Miami
Beach.48
COVID-19
On March 1, 2020, the state of Florida officially reported its first two COVID-19 cases, in Manatee and
Hillsborough counties. 49 Subsequently, the Governor issued a series of executive orders (EO)
regarding vacation rentals. EO 20-87 was issued on March 27, 2020, to suspend vacation rental
operations. The order prohibited vacation rentals from making new reservations or bookings and
accepting new guests for check-in for the duration of the order. The order exempted:
• Hotels, motels, inns, resorts, non-transient public lodging establishments, or time share
projects;
• Long-term rentals;
• Rentals where guests are already there or checked in before March 28, 2020;
• Rentals to people performing military, government, emergency, health, or infrastructure
activities; and
• Travelers "engaged in non-vacation commercial activities" 50
On April 29, 2020, EO 20-112 was issued to establish the Governor's Phase 1 Recovery Plan to
reopen Florida. This order maintained the vacation rental suspension. However, the order allowed
certain services to begin operating responsibly except for Miami-Dade, Broward , and Palm Beach
counties. Vacation rentals remained suspended. 51
On May 14, 2020, EO 20-123 was issued to extend and modify EO 20-112 regarding the Governor's
Recovery Plan. The order brought all Florida counties into Full Phase 1 of the plan and allowed each
county to seek approval to operate vacation rentals within the county's jurisdiction by submitting a
written request and the county's safety plan to the Secretary of DBPR. The order became effective May
18, 2020. 52
45
See Miami Beach City Code, Sec. 142-1111 and 142-905(b).
46
Chabeli Herrera, Miami Beach has the country's highest short-term rental fines. It just got sued, MIAMI HERALD (June 28, 2018),
https://www.miamiherald.com/news/business/article213954 l 74.htm1.
47
Francisco Alvarado, Miami-Dade judge strikes down Miami Beach short-term rental ban, TheRealDeal South Florida Real Estate
News (Oct. 8, 2019), https://therealdeal.com/m iami/2019/ 10/08/miam i-dade-judge-strikes-down-mfami-beach-short-term-rental-ban/
(last visited Feb. 1, 2021).
48
Francisco Alvarado, Miami Beach slashes fines for illegal short-term rentals, TheRealDeal South Florida Real Estate News (Oct.
14, 2019), https://therealdeal.com/miami/2020/1O/ l 4/miami-beach-slashes-fines-for-illegal-sho1t-term-rentals/ (last visited Feb. l,
2021).
49
Justine Griffin, CDC confirms Florida's first two cases of coronavirus; more are expected, Tampa Bay Times (Mar. 3, 2020),
https://www.tampabay.com/ news/health/2020/03/03/cdc-confirms-floridas-first-two-cases-of-coronavi.rus-more-are-expected/ (last
visited Feb. l, 2021 ).
50
Executive Order Number 20-87, h!ms://www.flgov.com/wp-content/uploads/orders/2020/EO 20-87.pdf (last visited Feb. 1, 2021 ).
51
Executive Order Number 20-1 I 2, http://www. myfloridalicense.com/dbpr/os/documents/EO 20-J J 2.pdf (last visited Feb. l, 2021 ).
52
Executive Order Number 20-123, http://www. myfloridalicense.com/dbpr/os/documents/2020.05.15%20 E0%2020-
123%20Fult%20Phase%201 %20Plan%20for%20FL%20R.ecovery.pdf(last visited Feb. 1, 2021).
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Pursuant to EO 20-123, effective May 18, 2020, DBPR issued recommended safety measures as
minimum standards, and best practices, for vacation rentals that are accepting reservations and guests
for any length of stay. 53
On June 3, 2020, E0-139 was issued to begin Phase 2 of the Governor's Recovery Plan for all Florida
counties except Miami-Dade, Broward, and Palm Beach. The order continued to allow each county to
seek approval to operate vacation rentals within the county's jurisdiction by submitting a written request
and the county's safety plan to the Secretary of DBPR. 54
On September 5, 2020, EO 20-244 was issued, which established the Phase 3 reopening measures for
the state. In particular, the order rescinds all prior COVID-19 related restrictions regarding business
operations while prohibiting local ordinances which prevent an individual from working or operating a
business. Vacation rentals are allowed to resume normal operating procedures but continue to
thoroughly clean and disinfect the property between rentals.
Condominiums, Cooperatives, and Homeowners' Associations
A condominium is a form of ownership of real property created pursuant to ch . 718, F.S., comprised of
units which may be owned by one or more persons but have an undivided share of access to common
elements. 55 A condominium is created by recording a declaration in the public records of the county in
which the condominium will be located. 56 A declaration governs the relationships among condominium
unit owners and the condominium association. All unit owners are members of the condominium
association. The condominium association is overseen by an elected board of directors, commonly
referred to as a "board of administration." The association enacts condominium association bylaws
governing the administration of the association. The declaration as originally recorded or as amended
may include covenants and restrictions concerning the use, occupancy, and transfer of the units in the
association.
A cooperative is a form of property ownership created pursuant to ch. 719, F.S ., where real property is
owned by the cooperative association, and individual units are leased to the residents who own shares
in the cooperative association. 57 The lease payment amount is the pro-rata share of the operational
expenses of the cooperative. Cooperatives operate similarly to condominiums and the laws regulating
cooperatives are similar in many ways. A cooperative is created using "cooperative documents" which
include articles of incorporation of the association, bylaws, and the ground lease or other underlying
lease, if any. The documents may include restrictions, which affect the use of the property.
A homeowners' association (HOA) is an association of residential property owners , created pursuant to
ch. 720, F.S., where voting membership consists of parcel owners, membership is a mandatory
condition of parcel ownership, and which may impose assessments that, if unpaid, can become a lien
on the parcel. 58 Chapter 720, F.S., only regulates HOAs whose covenants and restrictions include
mandatory assessments. Like a condominium or cooperative, an HOA is administered by an elected
board of directors. The powers and duties of an HOA includes those provided in ch. 720, F.S., and
contained in the governing documents of the association . The governing documents include the
recorded covenants and restrictions, bylaws, articles of incorporation, and duly adopted amendments to
53 Department of Business and Professional Regulation, Information for Vacation Rentals Pursuant to Executive Order 20-
123 as issued May 15, 2020,
http://www.myfloridalicense.com/dbpr/os/docu ments/2020.05.15%20Posted%20 Recommended%20Safety%20Measu res
%20and%20Best%20Practices%20for%20Vacation%20Rentals.pdf (last visited Feb. 2, 2021 ).
54 Executive Order Number 20-139, https://www.flqov.com/wp-content/uploads/orders/2020/EO 20-139.pdf (last visited
Feb. 1, 2021) .
55 S. 718.I03(1 l), F.S.
56
S. 718.104(2), F.S.
57
S. 719.103(2)(26), F.S.
58
S. 720.301 (9), F.S.
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those documents. The documents may include restrictive covenants governing the use and occupancy
of properties.
Based on these laws, condominium, cooperative, and homeowners' associations may enact provisions
that restrict the ability of the property owners to rent their properties. 59 This includes actions such as
prohibiting owners from renting their properties, restricting the duration of the rental term, or limiting the
frequency owners are allowed to rent their properties.
Effect of the Bill
Preemptions
The bill amends s. 509.032(7), F.S., relating to the preemption of vacation rentals by the state.
The bill clarifies that the regulation of public lodging establishments, and public food service
establishments is expressly preempted to the state, and specifies that the regulation of vacation rentals
is also expressly preempted to the state.
In addition to the prohibition in current law that local regulations may not prohibit or regulate the
duration or frequency of rentals, the bill specifies that local regulations also may not allow or require the
local inspection or licensing of public lodging establishments, including vacation rentals, or public food
service establishments.
The bill also preempts the regulation of advertising platforms to the state.
The bill does not preempt local regulations affecting vacation rentals if the regulation applies uniformly
to all residential properties, regardless of whether:
• The property is used as a vacation rental ;
• The property is used as a long-term rental; or
• The property owner chooses not to rent the property.
The bill maintains the "grandfathering" provision found in current law allowing local governments to
continue enforcing regulations that "prohibit rentals or regulate the frequency or duration of rentals" for
regulations that were adopted on or before June 1, 2011. Furthermore, the bill clarifies that such
grandfathered local regulations may be amended to be less restrictive if the amendment makes the
local law, ordinance, or regulation less restrictive with regard to a prohibition or a duration or frequency
regulation.
Vacation Rental License Display
Effective January 1, 2022, the bill amends s. 509.241 (3), F.S., to require:
• Any license issued by the Division to be displayed conspicuously to the public inside the
licensed establishment, instead of "in the office or lobby;" and
• The operator of a vacation rental offered for transient occupancy through an advertising
platform to display the vacation rental license number and the applicable Florida sales tax
registration and tourist development tax account numbers under which such taxes must be paid
for each rental of the property as a vacation rental.
59
Motley Fool, Can an HOA Restrict Rentals? (Spoiler Alert: Yes), https://www.fool.com/millionacres/rea l-estate-investing/rental-
properties/can-hoa-resh·ict-renta ls-spo iIer-alert-yes/# (last visited Feb. 2, 2021 ).
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Advertising Platforms Definition
The bill creates s. 509.013(17), F.S., defining the term "advertising platform" as an entity that:
• Provides an online application, software, website, or system: through which a vacation
rental located in this state is advertised or held out to the public as available to rent for transient
occupancy;
• Provides or maintains a marketplace: for the renting by transient occupancy of a vacation
rental; and
• Provides a reservation or payment system: that facilitates a transaction for the renting by
transient occupancy of a vacation rental and for which the person collects or receives, directly
or indirectly, a fee in connection with the reservation or payment service provided for such
transaction.
Advertising Platforms Requirements
Effective January 1, 2022, the bill creates s. 509.243, F.S., to provide requirements relating to
advertising platforms. An advertising platform must:
• Require that a person who places an advertisement for the rental of a vacation rental to:
o Include the vacation rental license number and the applicable Florida sales tax
registration and tourist development tax account numbers in the vacation rental's
advertisement; and
o Attest to the best of their knowledge that the license number for the vacation rental
property and the applicable tax numbers are current, valid, and accurately stated in the
advertisement.
• Verify and display the vacation rental property's license number, the verification must occur
before the platform publishes the rental property's advertisement, and re-occur on a quarterly
basis.
• Display the vacation rental property's applicable Florida sales tax registration and tourist
development tax numbers.
• Provide to the Division on a quarterly basis, by file transfer protocol or electronic data exchange
file, a list of all vacation rental listings in this state on its platform, including the Internet address
of the listing, the physical address of the listing, the vacation rental license number, and
applicable tax numbers.
• Remove from public view an advertisement or listing from its online application, software,
website, or system within 15 business days after being notified by the Division in writing that the
subject advertisement or listing for the rental of a vacation rental located in this state fails to
display a valid license number issued by the Division.
• Collect and remit taxes due under chs. 212 and 125, F.S., that result from the reservation of a
vacation rental property and payment through an advertising platform payment system; service
fees assessed by the advertising platform are not subject to these taxes.
• Adopt an anti-discrimination plan to help prevent discrimination, and inform its users of the
public lodging discrimination prohibition found ins. 509.092, F.S.
The bill requires the Division to maintain vacation rental license information in a readily accessible
electronic format.
The bill provides enforcement processes for the Division to issue a cease and desist order for any
person who violates ch. 509, F.S., the chapter of law governing "lodging and food service
establishments." The bill authorizes the Division to seek an injunction or a writ of mandamus to enforce
a cease and desist order. If DBPR is required to seek enforcement of the notice for a penalty pursuant
to s. 120.569, F.S., it is entitled to collect its attorney fees and costs, together with any cost of
collection.
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Condominiums, Cooperatives, and Homeowners' Associations
The bill specifies that the application of the provisions in the bill shall not supersede any current or
future declaration or declaration of condominium adopted pursuant to ch . 718, F.S., cooperative
documents adopted pursuant to ch. 719, F.S., or declaration or declaration of covenants adopted
pursuant to ch. 720, F.S.
Department of Revenue Rulemaking
The bill authorizes DOR to adopt rules for the purpose of implementing the provision in the bill that
requires advertising platforms to collect and remit all taxes imposed under chapters 125 and 212 from
payments from guests who use a payment system on or through an advertising platform.
Effective Date
The bill becomes effective upon becoming law, except for the provisions otherwise expressly provided
in the bill. The requirements for vacation rental owners or operators to display license and tax
information becomes effective January 1, 2022. The framework of provisions governing advertising
platforms becomes effective January 1, 2022.
B. SECTION DIRECTORY:
Section 1: Amends s. 509.013, F.S., defining the term "advertising platform."
Section 2: Amends s. 509.032, F.S., revising preemption authority.
Section 3: Amends s. 509.241, F.S. , revising display of license ·requirements.
Section 4: Creates s. 509.243, F.S., governing advertising platforms.
Section 5: Provides for applicability.
Section 6: Provides for effective dates.
II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT
A FISCAL IMPACT ON STATE GOVERNMENT:
1. Revenues:
There may be an indeterminate increase in revenues due to additional license fees, tourism and
sales taxes, and fines.
2. Expenditures:
The bill requires advertising platforms to list specific tax information relating to rentals and send the
information to DBPR, but does not require the platforms to verify the information. This could create
an expenditure for DBPR to verify and enforce this requirement.
Vacation rental operators will be required to display additional information including the rental's
license in all units and the license number in all advertisements. The additional requirements and
licenses may result in additional complaints from local jurisdictions, tax collectors, vacation rentals
guests, license holders, and concerned homeowners that DBPR must adjudicate.
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B. FISCAL IMPACT ON LOCAL GOVERNMENTS:
1. Revenues:
Preempting local governments from regulating vacation rentals and advertising platforms will
prevent a local government from imposing and collecting fees and fines relating to regulation and
enforcement, which will have an indeterminate negative fiscal impact on local revenues, depending
on each local government's current practice of such regulation and enforcement.
2. Expenditures:
None.
C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
The bill will provide a more predictable and uniform regulatory framework for vacation rentals in Florida.
D. FISCAL COMMENTS:
None.
Ill. COMMENTS
A. CONSTITUTIONAL ISSUES:
1. Applicability of Municipality/County Mandates Provision:
Not applicable. The bill does not appear to require counties or municipalities to take an action
requiring the expenditure of funds, reduce the authority that counties or municipalities have to raise
revenue in the aggregate, nor reduce the percentage of state tax shared with counties or
municipalities.
2. Other:
None.
B. RULE-MAKING AUTHORITY:
The bill authorizes DOR to adopt rules for the purpose of implementing the provision in the bill that
requires advertising platforms to collect and remit taxes imposed under chapters 125 and 212 from
payments from guests who use a payment system on or through an advertising platform.
C. DRAFTING ISSUES OR OTHER COMMENTS:
None.
IV. AMENDMENTS/ COMMITTEE SUBSTITUTE CHANGES
NIA
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FLORIDA H O U S E 0 F REPRESENTATIVES
HB 219 2021
1 A bill to be entitled
2 An act relating to vacation rentals; amending s.
3 509. 013, F. S.; defining the term "advertising
4 platform"; amending s. 509. 032, F. S.; preempting the
5 regulation of vacation rentals to the state;
6 prohibiting a local law, ordinance, or regulation from
7 allowing or requiring inspections or licensing of
8 public lodging establishments, including vacation
9 rentals, or public food service establishments;
10 authorizing a local law, ordinance, or regulation to
11 regulate certain activities under certain
12 circumstances; providing an exemption; expanding an
13 exemption to allow certain ordinances adopted on or
14 before a certain date to be amended to be less
15 restrictive; preempting the regulation of advertising
16 platforms to the state; amending s. 509.241, F.S.;
17 requiring licenses issued by the Division of Hotels
18 and Restaurants of the Department of Business and
19 Professional Regulation to be displayed conspicuously
20 to the public inside the licensed establishment;
21 requiring the owner or operator of certain vacation
22 rentals to also display its vacation rental license
23 number and applicable tax account numbers; creating s.
24 509.243, F.S.; requiring advertising platforms to
25 require that persons placing advertisements for
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26 vacation rentals include certain information in the
27 advertisements; requiring advertising platforms to
28 display and verify such information; requiring the
29 division to maintain certain information in a readily
30 accessible electronic format; requiring advertising
31 platforms to quarterly provide the division with
32 certain information regarding vacation rentals in this
33 state listed on the platforms; requiring advertising
34 platforms to remove an advertisement or a listing
35 under certain conditions and within a specified
36 timeframe; requiring advertising platforms to collect
37 and remit taxes imposed under chs. 125 and 212, F.S.,
38 for certain transactions; authorizing the Department
39 of Revenue to adopt rules; authorizing the division to
40 issue and deliver a notice to cease and desist for
41 certain violations; providing that such notice does
42 not constitute agency action for which certain
43 hearings may be sought; authorizing the division to
44 file certain proceedings and to seek certain remedies
45 for the purpose of enforcing a cease and desist
46 notice; authorizing the collection of attorney fees
47 and costs under certain circumstances; requiring
48 advertising platforms to adopt an antidiscrimination
49 plan and to inform their users of the policy's
50 provisions; providing applicability; providing
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51 effective dates.
52
53 Be It Enacted by the Legislature of the State of Florida:
54
55 Section 1. Subsection (17) is added to section 509.013,
56 Florida Statutes, to read:
57 509.013 Definitions.-As used in this chapter, the term:
58 ( 17) "Advertising platform " means an entity that:
59 (a) Provides an online application, software, a website,
60 or a system through which a vacation rental located in this
61 state is advertised or held out to the public as available to
62 rent for transient occupancy;
63 (b) Provides or maintains a marketplace for the renting by
64 transient occupancy of a vacation rental; and
65 (c) Provides a reservation or payment system that
66 facilitates a transaction for the renting by transient occupancy
67 of a vacation rental and for which the entity collects or
68 receives, directly or indirectly, a fee in connection with the
69 reservation or payment service provided for such transaction.
70 Section 2. Subsection (7) of section 509.032, Florida
71 Statutes, is amended to read:
72 509.032 Duties.-
73 (7) PREEMPTION AUTHORITY.-
74 (a) The regulation of public lodging establishmentsL
75 including vacation rentals, and public food service
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76 establishments, including, but not limited to, sanitation
77 standards, licensing, inspections, training and testing of
78 personnel, and matters related to the nutritional content and
79 marketing of foods offered in such establishments, is expressly
80 preempted to the state. A local law, ordinance, or regulation
81 may not allow or require the local inspection or licensing of
82 public lodging establishments, including vacation rentals, or
83 public food service establishments. This paragraph does not
84 preempt the authority of a loca1 government or local enforcement
85 district to conduct inspections of public lodging and public
86 food service establishments for compliance with the Florida
87 Building Code and the Florida Fire Prevention Code, pursuant to
88 ss. 553.80 and 633.206.
89 (b) A local law, ordinance, or regulation may regulate
90 activities that arise when a property is used as a vacation
91 rental if the law, ordinance, or regulation applies uniformly to
92 all residential proRerties without regard to whether the
93 property is used as a vacation rental as defined ins.
94 509. 242 ( 1) ( c), the property is used as a long-term rental
95 subject to chapter 83, or the property owner chooses not to rent
96 the property. However, a local law, ordinance, or regulation may
97 not prohibit vacation rentals or regulate the duration or
98 frequency of rental of vacation rentals. The prohibitions set
99 forth in this paragraph do This paragraph does not apply to any
100 local law, ordinance, or regulation adopted on or before June 1,
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101 2011, including when such law, ordinance, or regulation is being
102 amended to be less restrictive with regard to a prohibition or a
103 dur a t ion or fr equency regulation.
104 (c) Paragraph (b) does not apply to any local law,
105 ordinance, or regulation exclusively relating to property
106 valuation as a criterion for vacation rental if the local law,
107 ordinance, or regulation is required to be approved by the state
108 land planning agency pursuant to an area of critical state
109 concern designation.
110 (d) The regulation of advertising platforms is preempted
111 to the state, and advertising platforms shall be regulated under
112 this chapter.
113 Section 3. Effective January 1, 2022, subsection (3) of
114 section 509.241, Florida Statutes, is amended to read:
115 509.241 Licenses required; exceptions.-
116 (3) DISPLAY OF LICENSE.-Any license issued by the division
117 must shall be conspicuously displayed to the pubiic inside ±fi
118 the offiec or lobby of the licensed establishment. Public food
119 service establishments that which offer catering services must
120 shall display their license number on all advertising for
121 catering services. The owner or operator of a vacation rental
122 offered for transient occupancy through an advertising platform
123 must also display the vacation rental license number and the
124 applicable Florida sales tax registration and tourist
125 development tax account numbers under which such taxes must be
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126 paid for each rental of the property as a vacation rental.
127 Section 4. Effective January 1, 2022, section 509.243,
128 Florida Statutes, is created to read:
129 509.243 Advertising platforms.-
130 (1) (a) An advertising platform must require that a person
131 who places an advertisement for the rental of a vacation rental:
132 1. Include in the advertisement the vacation rental
133 license number and the applicable Florida sales tax registration
134 and tourist development tax account numbers under which such
135 taxes must be paid before the advertisement may be listed; and
136 2. Attest to the best of his or her knowledge that the
137 license number for the vacation rental property and the
138 applicable tax numbers are current, valid, and accurately stated
139 in the advertisement.
140 (b) An advertising platform must display the vacation
141 rental license number and applicable Florida sales tax
142 registration and tourist development tax numbers. The
143 advertising platform must verify that the vacation rental
144 license number provided by the owner or operator is valid and
145 applies to the subject vacation rental before publishing the
146 advertisement on its platform and again at the end of each
147 calendar quarter that the advertisement remains on its platform.
148 (c) The division shall maintain vacation rental license
149 information in a readily accessible electronic format which is
150 sufficient to facilitate prompt compliance with the requirements
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151 of this subsection by an advertising platform or a person
152 placing an advertisement on an advertising platform for
153 transient rental of a vacation rental.
154 (2) An advertising platform must provide to the division
155 on a quarterly basis, by file transfer protocol or electronic
156 data exchange file, a list of all vacation rentals located in
157 this state which are advertised on its platform, along with the
158 following information for each vacation rental:
159 (a) The uniform resource locator for the Internet address
160 of the vacation rental advertisement; and
161 (b) Unless otherwise stated in the vacation rental
162 advertisement at the Internet address provided pursuant to
163 paragraph (a), the physical address of the vacation rental,
164 including any unit designation , the vacation rental license
165 number provided by the owner or operator, and the applicable
166 Florida sales tax registration and tourist development tax
167 account numbers under which taxes will be remitted for the
168 rentals commenced through the advertisement.
169 (3) An advertising platform must remove from public view
170 an advertisement or a listing from its online application,
171 software, website, or system within 15 business days after being
172 notified by the division in writing that the subject
173 advertisement or listing for the rental of a vacation rental
174 located in this state fails to display a valid license number
175 issued by the division.
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176 (4) If a guest uses a payment system on or through an
177 advertising platform, as defined ins. 509.013(17), to pay for
178 the rental of a vacation rental located in this state, the
179 advertising platform must collect and remit all taxes imposed
180 under chapters 125 and 212 resulting from the rental. When
181 calculating taxes imposed under chapters 125 and 212, an
182 advertising platform may exclude the amount of any fees directly
183 attributable to the service provided by the advertising
184 platform. The Department of Revenue may adopt rules to implement
185 this subsection.
186 (5) If the division has probable cause to believe that a
187 person not licensed by the division has violated this chapter or
188 any rule adopted pursuant thereto, the division may issue and
189 deliver to such person a notice to cease and desist from the
190 violation. The issuance of a notice to cease and desist does not
191 constitute agency action for which a hearing under ss. 120.569
192 and 120.57 may be sought. For the purpose of enforcing a cease
193 and desist notice, the division may file a proceeding in the
194 name of the state seeking the issuance of an injunction or a
195 writ of mandamus against any person who violates any provision
196 of the notice. If the department is required to seek enforcement
197 of the notice for a penalty pursuant to s. 120.569, it is
198 entitled to collect attorney fees and costs, together with any
199 cost of collection.
200 (6) Advertising platforms must adopt an antidiscrimination
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FLORIDA H O U S E 0 F REPRESENTATIVES
HB 219 2021
201 plan to help prevent discrimination among their users and must
202 inform all users of their services that it is illegal to refuse
203 accommodation to an individual based on race, creed, color, sex,
204 pregnancy, physical disability, or national origin pursuant to
205 s. 509.092.
206 Section 5. The application of this act does not supersede
207 any current or future declaration or declaration of condominium
208 adopted pursuant to chapter 718, Florida Statutes, cooperative
209 document adopted pursuant to chapter 719, Florida Statutes, or
210 declaration or declaration of covenants adopted pursuant to
211 chapter 720, Florida Statutes.
212 Section 6. Except as otherwise expressly provided in this
213 act, this act shall take effect upon becoming a law.
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hb0219-00
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 219 (2021)
Amendment No. 1
COMMITTEE/SUBCOMMITTEE ACTION
ADOPTED (Y/N)
ADOPTED AS AMENDED (Y/N)
ADOPTED W/0 OBJECTION (Y/N)
FAILED TO ADOPT (Y/N)
WITHDRAWN (Y/N)
OTHER
1 Committee/Subcommittee hearing bill: Regulatory Reform
2 Subcommittee
3 Representative Fischer offered the following:
4
5 Amendment (with title amendment)
6 Remove everything after the enacting clause and insert:
7 Section 1. Effective January 1, 2022, subsection (2) of
8 section 212.03, Florida Statutes is amended to read:
9 212.03 Transient rentals tax; rate, procedure,
10 enforcement, exemptions.-
11 (2)_@_.l_ The tax provided for herein shall be in addition to
12 the total amount of the rental, shall be charged by the lessor
13 or person receiving the rent in and by said rental arrangement
14 to the lessee or person paying the rental, and shall be due and
15 payable at the time of the receipt of such rental payment by the
16 lessor or person, as defined in this chapter, who receives said
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Amendment No. 1
17 rental or payment. The owner, lessor, or person receiving the
18 rent shall remit the tax to the department at the times and in
19 the manner hereinafter provided for dealers to remit taxes under
20 this chapter. The same duties imposed by this chapter upon
21 dealers in tangible personal property respecting the collection
22 and remission of the tax; the making of returns; the keeping of
23 books, records, and accounts; and the compliance with the rules
24 and regulations of the department in the administration of this
25 chapter shall apply to and be binding upon all persons who
26 manage or operate hotels, apartment houses, roominghouses,
27 tourist and trailer camps, and the rental of condominium units,
28 and to all persons who collect or receive such rents on behalf
29 of such owner or lessor taxable under this chapter.
30 (b) If a guest uses a payment system on or through an
31 advertising platform, as defined ins. 509.013, to pay for the
32 rental of a vacation rental located in this state, the
33 advertising platform must collect and remit all taxes imposed
34 under s. 205.044 and chapters 125 and 212 on the total rental
35 amount charged by the owner or operator for the use of the
36 vacation rental under ss. 125.0104 and 205.044 and this section .
37 In order to facilitate the remittance of such taxes, the
38 department and jurisdictions that require such taxes to be
39 remitted must allow advertising platforms to register, collect,
40 and remit such taxes.
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Bill No. HB 219 (2021)
Amendment No. 1
41 Section 2. Section 509.013, Florida Statutes, is reordered
42 and amended to read:
43 509.013 Definitions.-As used in this chapter, the term:
44 (1) "Advertising platform" means a person who:
45 (a) Provides an online application, software, website, or
46 system through which a vacation rental located in this state is
47 advertised or held out to the public as available to rent for
48 transient occupancy;
49 (b) Provides or maintains a marketplace for the renting by
50 transient occupancy of a vacation rental; and
51 (c) Provides a reservation or payment system that
52 facilitates a transaction for the renting by transient occupancy
53 of a vacation rental and for which the person collects or
54 receives, directly or indirectly, a fee in connection with the
55 reservation or payment service provided for such transaction.
56 fil-f-6+ "Director" means the Director of the Division of
57 Hotels and Restaurants of the Department of Business and
58 Professional Regulation.
59 ill-fl+ "Division" means the Division of Hotels and
60 Restaurants of the Department of Business and Professional
61 Regulation.
62 fil-t-3+ "Guest" means any patron, customer, tenant, lodger,
63 boarder, or occupant of a public lodging establishment or public
64 food service establishment.
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Amendment No. 1
65 ill-t±-6+ "Nontransient" means a guest in nontransient
66 occupancy.
67 J....§1-8-4-t "Nontransient establishment" means any public
68 lodging establishment that is rented or leased to guests by an
69 operator whose intention is that the dwelling unit occupied will
70 be the sole residence of the guest.
71 J...21-f±-§-t "Nontransient occupancy" means occupancy when it
72 is the intention of the parties that the occupancy will not be
73 temporary. There is a rebuttable presumption that, when the
74 dwelling unit occupied is the sole residence of the guest, the
75 occupancy is nontransient.
76 ill-t-2+ "Operator" means the owner, licensee, proprietor,
77 lessee, manager, assistant manager, or appointed agent of a
78 public lodging establishment or public food service
79 establishment.
80 (9) (a) (5) (a) "Public food service establishment" means any
81 building, vehicle, place, or structure, or any room or division
82 in a building, vehicle, place, or structure where food is
83 prepared, served, or sold for immediate consumption on or in the
84 vicinity of the premises; called for or taken out by customers;
85 or prepared before prior to being delivered to another location
86 for consumption. The term includes a culinary education program,
87 as defined ins. 381.0072(2), which offers, prepares, serves, or
88 sells food to the general public, regardless of whether it is
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89 inspected by another state agency for compliance with sanitation
90 standards.
91 (b) The following are excluded from the definition in
92 paragraph (a):
93 1. Any place maintained and operated by a public or
94 private school, college, or university:
95 a. For the use of students and faculty; or
96 b. Temporarily to serve such events as fairs, carnivals,
97 food contests, cook-offs, and athletic contests.
98 2. Any eating place maintained and operated by a church or
99 a religious, nonprofit fraternal, or nonprofit civic
100 organization:
101 a. For the use of members and associates; or
102 b. Temporarily to serve such events as fairs, carnivals,
103 food contests, cook-offs, or athletic contests.
104
105 Upon request by the division, a church or a religious, nonprofit
106 fraternal, or nonprofit civic organization claiming an exclusion
107 under this subparagraph must provide the division documentation
108 of its status as a church or a religious, nonprofit fraternal,
109 or nonprofit civic organization.
110 3. Any eating place maintained and operated by an
111 individual or entity at a food contest, cook-off, or a temporary
112 event lasting from 1 to 3 days which is hosted by a church or a
113 religious, nonprofit fraternal, or nonprofit civic organization.
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Amendment No. 1
114 Upon request by the division, the event host must provide the
115 division documentation of its status as a church or a religious,
116 nonprofit fraternal, or nonprofit civic organization.
117 4. Any eating place located on an airplane, train, bus, or
118 watercraft which is a common carrier.
119 5. Any eating place maintained by a facility certified or
120 licensed and regulated by the Agency for Health Care
121 Administration or the Department of Children and Families or
122 other similar place that is regulated under s. 381.0072.
123 6. Any place of business issued a permit or inspected by
124 the Department of Agriculture and Consumer Services under s.
125 500.12.
126 7. Any place of business where the food available for
127 consumption is limited to ice, beverages with or without
128 garnishment, popcorn, or prepackaged items sold without
129 additions or preparation.
130 8. Any theater, if the primary use is as a theater and if
131 patron service is limited to food items customarily served to
132 the admittees of theaters.
133 9. Any vending machine that dispenses any food or
134 beverages other than potentially hazardous foods, as defined by
135 division rule.
136 10. Any vending machine that dispenses potentially
137 hazardous food and which is located in a facility regulated
138 under s. 381.0072.
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Amendment No. 1
139 11. Any research and development test kitchen limited to
140 the use of employees and which is not open to the general
141 public.
142 (10) (a) (4) (a) "Public lodging establishment" includes a
143 transient public lodging establishment as defined in
144 subparagraph 1. and a nontransient public lodging establishment
145 as defined in subparagraph 2.
14 6 1. "Transient public lodging establishment" means any
147 unit, group of units, dwelling, building, or group of buildings
148 within a single complex of buildings which is rented to guests
149 more than three times in a calendar year for periods of less
150 than 30 days or 1 calendar month, whichever is less, or which is
151 advertised or held out to the public as a place regularly rented
152 to guests.
153 2. "Nontransient public lodging establishment" means any
154 unit, group of units, dwelling, building, or group of buildings
155 within a single complex of buildings which is rented to guests
156 for periods of at least 30 days or 1 calendar month, whichever
157 is less, or which is advertised or held out to the public as a
158 place regularly rented to guests for periods of at least 30 days
159 or 1 calendar month.
160
161 License classifications of public lodging establishments, and
162 the definitions therefor, are set out ins. 509.242. For the
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Amendment No. 1
163 purpose of licensure, the term does not include condominium
164 common elements as defined ins. 718.103.
165 (b) The following are excluded from the definitions in
166 paragraph (a):
167 1. Any dormitory or other living or sleeping facility
168 maintained by a public or private school, college, or university
169 for the use of students, faculty, or visitors.
170 2. Any facility certified or licensed and regulated by the
171 Agency for Health Care Administration or the Department of
172 Children and Families or other similar place regulated under s.
173 381.0072.
174 3. Any place renting four rental units or less, unless the
175 rental units are advertised or held out to the public to be
176 places that are regularly rented to transients.
177 4. Any unit or group of units in a condominium,
178 cooperative, or timeshare plan and any individually or
179 collectively owned one-family, two-family, three-family, or
180 four-family dwelling house or dwelling unit that is rented for
181 periods of at least 30 days or 1 calendar month, whichever is
182 less, and that is not advertised or held out to the public as a
183 place regularly rented for periods of less than 1 calendar
184 month, provided that no more than four rental units within a
185 single complex of buildings are available for rent.
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186 5. Any migrant labor camp or residential migrant housing
187 permitted by the Department of Health under ss. 381.008-
188 381.00895.
189 6. Any establishment inspected by the Department of Health
190 and regulated by chapter 513.
19 1 7. Any nonprofit organization that operates a facility
192 providing housing only to patients, patients' families, and
193 patients' caregivers and not to the general public.
194 8. Any apartment building inspected by the United States
195 Department of Housing and Urban Development or other entity
196 acting on the department's behalf that is designated primarily
197 as housing for persons at least 62 years of age. The division
198 may require the operator of the apartment building to attest in
199 writing that such building meets the criteria provided in this
200 subparagraph. The division may adopt rules to implement this
201 requirement.
202 9. Any roominghouse, boardinghouse, or other living or
203 sleeping facility that may not be classified as a hotel, motel,
204 timeshare project, vacation rental, nontransient apartment, bed
205 and breakfast inn, or transient apartment under s. 509.242.
206 J..1.11-f+r "Single complex of buildings" means all buildings
207 or structures that are owned, managed, controlled, or operated
208 under one business name and are situated on the same tract or
209 plot of land that is not separated by a public street or
210 highway.
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211 J..11.l+&t "Temporary food service event" means any event of
212 30 days or less in duration where food is prepared, served, or
213 sold to the general public.
214 J..1:.11+9+ "Theme park or entertainment complex" means a
215 complex comprised of at least 25 contiguous acres owned and
216 controlled by the same business entity and which contains
217 permanent exhibitions and a variety of recreational activities
218 and has a minimum of 1 million visitors annually.
219 J.1...il+!:-8+ "Third-party provider" means, for purposes of s.
220 509.049, any provider of an approved food safety training
221 program that provides training or such a training program to a
222 public food service establishment that is not under common
223 ownership or control with the provider.
224 ~-f-±-3-t "Transient" means a guest in transient occupancy.
225 J..l.§1-f±-±+ "Transient establishment" means any public
226 lodging establishment that is rented or leased to guests by an
227 operator whose intention is that such guests' occupancy will be
228 temporary.
229 Qll_#-2+ "Transient occupancy" means occupancy when it is
230 the intention of the parties that the occupancy will be
231 temporary. There is a rebuttable presumption that, when the
232 dwelling unit occupied is not the sole residence of the guest,
233 the occupancy is transient.
234 Section 3. Paragraph (c) of subsection (3) and subsection
235 (7) of section 509.032, Florida Statutes, are amended to read:
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Amendment No. 1
236 509.032 Duties.-
237 (3) SANITARY STANDARDS; EMERGENCIES; TEMPORARY FOOD
238 SERVICE EVENTS.-The division shall:
239 (c) Administer a public notification process for temporary
240 food service events and distribute educational materials that
241 address safe food storage, preparation, and service procedures.
242 1. Sponsors of temporary food service events shall notify
243 the division not less than 3 days before the scheduled event of
244 the type of food service proposed, the time and location of the
245 event, a complete list of food service vendors participating in
246 the event, the number of individual food service facilities each
247 vendor will operate at the event, and the identification number
248 of each food service vendor's current license as a public food
249 service establishment or temporary food service event licensee.
250 Notification may be completed orally, by telephone, in person,
251 or in writing. A public food service establishment or food
252 service vendor may not use this notification process to
253 circumvent the license requirements of this chapter.
254 2. The division shall keep a record of all notifications
255 received for proposed temporary food service events and shall
256 provide appropriate educational materials to the event sponsors
257 and notify the event sponsors of the availability of the food-
258 recovery brochure developed under s. 595.420.
259 3.a. Unless excluded under s. 509.013 s . 509.013(5) (b), a
260 public food service establishment or other food service vendor
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Amendment No. 1
261 must obtain one of the following classes of license from the
262 division: an individual license, for a fee of no more than $105,
263 for each temporary food service event in which it participates;
264 or an annual license, for a fee of no more than $1,000, that
265 entitles the licensee to participate in an unlimited number of
266 food service events during the license period. The division
267 shall establish license fees, by rule, and may limit the number
268 of food service facilities a licensee may operate at a
269 particular temporary food service event under a single license.
270 b. Public food service establishments holding current
271 licenses from the division may operate under the regulations of
272 such a license at temporary food service events.
273 (7) PREEMPTION AUTHORITY.-
274 (a) The regulation of public lodging establishmentsL
275 including vacation rentals, and public food service
276 establishments, including, but not limited to, sanitation
277 standards, licensing, inspections, training and testing of
278 personnel, and matters related to the nutritional content and
279 marketing of foods offered in such establishments, is expressly
280 preempted to the state. A local law, ordinance, or regulation
281 may not allow or require the local inspection or licensing of
282 public lodging establishments, including vacation rentals, or
283 public food service establishments. This paragraph does not
284 preempt the authority of a local government or local enforcement
285 district to conduct inspections of public lodging and public
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Amendment No. 1
286 food service establishments for compliance with the Florida
287 Building Code and the Florida Fire Prevention Code, pursuant to
288 ss. 553.80 and 633.206.
289 (b) A local law, ordinance, or regulation may regulate
290 activities that arise when a property is used as a vacation
291 rental if the law, ordinance, or regulation applies uniformly to
292 all residential properties without regard to whether the
293 property is used as a vacation rental as defined ins. 509.242,
294 the property is used as a long-term rental subject to chapter
295 83, or the property owner chooses not to rent the property.
296 However, a local law, ordinance, or regulation may not prohibit
297 vacation rentals or regulate the duration or frequency of rental
298 of vacation rentals. The prohibitions set forth in this
299 paragraph do aees- not apply to any local law, ordinance, or
300 regulation adopted on or before June 1, 2011, including when
301 such law, ordinance, or regulation is being amended to be less
302 restrictive with regard to a prohibition, duration, or frequency
303 regulation.
304 (c) Paragraph (b) and the provisions of paragraph (a)
305 relating to the licensing of vacation rentals do aees- not apply
306 to any local law, ordinance, or regulation adopted on or before
307 June 1, 2011, in any jurisdiction within exclusively relating to
308 p r operty valuation a s a criterion for vacation rental if the
309 local law, o r dinance, or regulation is required to be approved
310 by the state land p l anning agency pursuant to an area of
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Amendment No. 1
311 critical state concern, as designated bys. 380.0552 or chapter
312 28-36, Florida Administrative Code. Any such local law,
313 ordinance, or regulation may be amended so long as the amendment
314 is not more restrictive than the existing local law, ordinance,
315 or regulation.
316 (d ) The regulation of advertising platforms is preempted
317 to the state and advertising platforms shall be regulated under
318 this chapter de s ignation.
319 Section 4. Effective January 1, 2022, subsection (3) of
32 0 section 509.241, Florida Statutes, is amended to read:
321 509.241 Licenses required; exceptions.-
322 (3) DISPLAY OF LICENSE.-Any license issued by the division
323 must shall be conspicuously displayed to the public inside ±ft
324 the o f f ice o r lobby of the licensed establishment. Public food
325 service establishments that which offer catering services must
326 shall display their license number on all advertising for
327 catering services. The owner or operator of a vacation rental
328 offered for transient occupancy through an advertising platform
329 must also display the vacation rental license number and the
330 applicable Florida sales tax registration and tourist
331 development tax account numbers under which such taxes must be
332 paid for each rental of the property as a vacation rental.
333 Section 5. Effective January 1, 2022, section 509.243,
334 Florida Statutes, is created to read:
335 509.243 Advertising platforms.-
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Amendment No. 1
336 (1) (a) An advertising platform must require that a person
337 who places an advertisement for the rental of a vacation rental:
338 1. Include in the advertisement the vacation rental
339 license number and the applicable Florida sales tax registration
340 and tourist development tax account numbers under which such
341 taxes must be paid before the advertisement may be listed; and
342 2. Attest to the best of their knowledge that the license
343 number for the vacation rental property and the applicable tax
344 numbers are current, valid, and accurately stated in the
345 advertisement.
346 (b) An advertising platform must display the vacation
347 rental license number and applicable Florida sales tax
348 registration and tourist development tax numbers. The
349 advertising platform must verify that the vacation rental
350 license number provided by the owner or operator is valid and
351 applies to the subject vacation rental before publishing the
352 advertisement on its platform and again at the end of each
353 calendar quarter that the advertisement remains on its platform.
354 (c) The division shall maintain vacation rental license
355 information in a readily accessible electronic format that is
356 sufficient to facilitate prompt compliance with the requirements
357 of this subsection by an advertising platform or a person
358 placing an advertisement on an advertising platform for
359 transient rental of a vacation rental.
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360 (2) An advertising platform must provide to the division
361 on a quarterly basis, by file transfer protocol or electronic
362 data exchange file, a list of all vacation rentals located in
363 this state that are advertised on its platform, along with the
364 following information for each vacation rental:
365 (a) The uniform resource locator for the Internet address
366 of the vacation rental advertisement.
367 (b ) Unless otherwise stated in the vacation rental
368 advertisement at the Internet address provided pursuant to
369 paragraph (a), the physical address of the vacation rental,
370 including any unit designation, the vacation rental license
371 number provided by the owner or operator, and the applicable
372 Florida sales tax registration and tourist development tax
373 account numbers under which taxes will be remitted for the
374 rentals commenced through the advertisement.
375 (3) An advertising platform must remove from public view
376 an advertisement or listing from its online application,
377 software, website, or system within 15 business days after being
378 notified by the division in writing that the subject
379 advertisement or listing for the rental of a vacation rental
380 located in this state fails to display a valid license number
381 issued by the division.
382 ( 4) If the division has probable cause to believe that a
383 person not licensed by the division has violated this chapter or
384 any rule adopted pursuant to this chapter, the division may
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385 issue and deliver to such person a notice to cease and desist
386 from the violation. The issuance of a notice to cease and desist
387 does not constitute agency action for which a hearing under ss.
388 120.569 and 120.57 may be sought. For the purpose of enforcing a
389 cease and desist notice, the division may file a proceeding in
390 the name of the state seeking the issuance of an injunction or a
391 writ of mandamus against any person who violates any provision
392 of the notice. If the department is required to seek enforcement
393 of the notice for a penalty pursuant to s . 120.569, it is
394 entitled to collect its attorney fees and costs, together with
395 any cost of collection.
396 (5) Advertising platforms must adopt an antidiscrimination
397 policy to help prevent discrimination among their users and must
398 inform all users of their services that it is illegal to refuse
399 accommodation to an individual based on race, creed, color, sex,
400 pregnancy, physical disability, or national origin pursuant to
401 s. 509.092.
402 Section 6. Paragraph (n) of subsection (2) of section
403 775.21, Florida Statutes, is amended to read:
404 775.21 The Florida Sexual Predators Act.-
405 (2) DEFINITIONS.-As used in this section, the term:
406 (n) "Temporary residence" means a place where a "E:-fte- person
407 abides, lodges, or resides, including, but not limited to,
408 vacation, business, or personal travel destinations in or out of
409 this state, for a period of 3 or more days in the aggregate
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410 during any calendar year and which is not the person's permanent
411 address or, for a person whose permanent residence is not in
412 this state, a place where the person is employed, practices a
413 vocation, or is enrolled as a student for any period of time in
414 this state. The term also includes a place where a person lodges
415 in a vacation rental, as defined ins. 509.242, for 24 hours or
416 more.
417 Section 7. Subsection (12) of section 159.27, Florida
418 Statutes, is amended to read:
419 159.27 Definitions.-The following words and terms, unless
42 0 the context clearly indicates a different meaning, shall have
421 the following meanings:
422 ( 12) "Public lodging or restaurant facility" means
423 property used for any public lodging establishment as defined in
424 s. 509.242 or public food service establishment as defined ins.
42 5 509 . 013 s. 509.013(5) if it is part of the complex of, or
426 necessary to, another facility qualifying under this part.
427 Section 8. Paragraph (jj) of subsection (7) of section
428 212.08, Florida Statutes, is amended to read:
429 212.08 Sales, rental, use, consumption, distribution, and
430 storage ta x ; specified exemptions.-The sale at retail, the
431 rental, the use, the consumption, the distribution, and the
432 storage to be used or consumed in this state of the following
433 are hereby specifically exempt from the tax imposed by this
434 c hapter.
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435 (7) MISCELLANEOUS EXEMPTIONS.-Exemptions provided to any
436 entity by this chapter do not inure to any transaction that is
437 otherwise taxable under this chapter when payment is made by a
438 representative or employee of the entity by any means,
439 including, but not limited to, cash, check, or credit card, even
440 when that representative or employee is subsequently reimbursed
441 by the entity. In addition, exemptions provided to any entity by
442 this subsection do not inure to any transaction that is
443 otherwise taxable under this chapter unless the entity has
444 obtained a sales tax exemption certificate from the department
445 or the entity obtains or provides other documentation as
446 required by the department. Eligible purchases or leases made
447 with such a certificate must be in strict compliance with this
448 subsection and departmental rules, and any person who makes an
449 exempt purchase with a certificate that is not in strict
450 compliance with this subsection and the rules is liable for and
451 shall pay the tax. The department may adopt rules to administer
452 this subsection.
453 (jj) Complimentary meals.-Also exempt from the tax imposed
454 by this chapter are food or drinks that are furnished as part of
455 a packaged room rate by any person offering for rent or lease
456 any transient living accommodations as described ins. 509.013
457 s. 5 09 . 0 13 (g) (a) which are licensed under part I of chapter 509
458 and which are subject to the tax under s. 212.03, if a separate
459 charge or specific amount for the food or drinks is not shown.
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Amendment No. 1
4 60 Such food or drinks are considered to be sold at retail as part
461 of the total charge for the transient living accommodations.
4 62 Moreover, the person offering the accommodations is not
463 considered to be the consumer of items purchased in furnishing
4 64 such food or drinks and may purchase those items under
465 conditions of a sale for resale.
466 Section 9. Paragraph (b) of subsection (4) of section
4 67 316.1955, Florida Statutes, is amended to read:
4 68 316.1955 Enforcement of parking requirements for persons
469 who have disabilities.-
470 ( 4)
471 (b) Notwithstanding paragraph (a), a theme park or an
472 entertainment complex as defined ins. 509.013 s. 509.013(9)
473 which provides parking in designated areas for persons who have
474 disabilities may allow any vehicle that is transporting a person
475 who has a disability to remain parked in a space reserved for
476 persons who have disabilities throughout the period the theme
477 park is open to the public for that day.
478 Section 10. Subsection (5) of section 404.056, Florida
479 Statutes, is amended to read:
480 404.056 Environmental radiation standards and projects;
481 certification of persons performing measurement or mitigation
482 services; mandatory testing; notification on real estate
483 documents; rules.-
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Amendment No. 1
484 (5) NOTIFICATION ON REAL ESTATE DOCUMENTS.-Notification
485 shall be provided on at least one document, form, or application
486 executed at the time of, or prior to, contract for sale and
487 purchase of any building or execution of a rental agreement for
488 any building. Such notification shall contain the following
489 language:
490 "RADON GAS: Radon is a naturally occurring radioactive gas
491 that, when it has accumulated in a building in sufficient
492 quantities, may present health risks to persons who are exposed
493 to it over time. Levels of radon that exceed federal and state
494 guidelines have been found in buildings in Florida. Additional
495 information regarding radon and radon testing may be obtained
496 from your county health department."
4 97 The requirements of this subsection do not apply to any
498 residential transient occupancy, as described ins. 509.013 ,s-;-
499 509.013(12), provided that such occupancy is 45 days or less in
500 duration.
501 Section 11. Subsection (6) of section 477.0135, Florida
502 Statutes, is amended to read:
503 477.0135 Exemptions.-
504 (6) A license is not required of any individual providing
505 makeup or special effects services in a theme park or
506 entertainment complex to an actor, stunt person, musician,
507 extra, or other talent, or providing makeup or special effects
508 services to the general public. The term "theme park or
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Amendment No. 1
509 entertainment complex" has the same meaning as ins. 509.013 -s.-
510 509.013(9).
511 Section 12. Paragraph (b) of subsection (2) of section
512 509.221, Florida Statutes, is amended to read:
513 509.221 Sanitary regulations.-
514 ( 2)
515 (b) Within a theme park or entertainment complex as
516 defined ins. 509.013 s . 509.013(9), the bathrooms are not
517 required to be in the same building as the public food service
518 establishment, so long as they are reasonably accessible.
519 Section 13. Paragraph (b) of subsection (5) of section
520 553.5041, Florida Statutes, is amended to read:
521 553.5041 Parking spaces for persons who have
522 disabilities.-
523 (5) Accessible perpendicular and diagonal accessible
524 parking spaces and loading zones must be designed and located to
525 conform toss. 502 and 503 of the standards.
526 (b) If there are multiple entrances or multiple retail
527 stores, the parking spaces must be dispersed to provide parking
528 at the nearest accessible entrance. If a theme park or an
529 entertainment complex as defined ins. 509.013 s. 509 . 013(9)
530 provides parking in several lots or areas from which access to
531 the theme park or entertainment complex is provided, a single
532 lot or area may be designated for parking by persons who have
533 disabilities, if the lot or area is located on the shortest
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Bill No. HB 219 (2021)
Amendment No. 1
534 accessible route to an accessible entrance to the theme park or
535 entertainment complex or to transportation to such an accessible
536 entrance.
537 Section 14. Subsection (2) of section 705.17, Florida
538 Statutes, is amended to read:
539 705.17 Exceptions.-
540 (2) Sections 705.1015-705.106 do not apply to any personal
54 1 property lost or abandoned on premises located within a theme
542 park or entertainment complex, as defined ins. 509.013 -s-:-
543 509.013(9), or operated as a zoo, a museum, or an aquarium, or
544 on the premises of a public food service establishment or a
545 public lodging establishment licensed under part I of chapter
546 509, if the owner or operator of such premises elects to comply
547 withs. 705.185.
548 Section 15. Section 705.185, Florida Statutes, is amended
549 to read:
550 705.185 Disposal of personal property lost or abandoned on
551 the premises of certain facilities.-When any lost or abandoned
552 personal property is found on premises located within a theme
553 park or entertainment complex, as defined ins. 509.013 -s-:-
554 509.013(9), or operated as a zoo, a museum, or an aquarium, or
555 on the premises of a public food service establishment or a
556 public lodging establishment licensed under part I of chapter
557 509, if the owner or operator of such premises elects to comply
558 with this section, any lost or abandoned property must be
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Amendment No. 1
559 delivered to such owner or operator, who must take charge of the
560 property and make a record of the date such property was found.
561 If the property is not claimed by its owner within 30 days after
562 it is found, or a longer period of time as may be deemed
563 appropriate by the owner or operator of the premises, the owner
564 or operator of the premises may not sell and must dispose of the
565 property or donate it to a charitable institution that is exempt
566 from federal income tax under s. 501(c) (3) of the Internal
567 Revenue Code for sale or other disposal as the charitable
568 institution deems appropriate. The rightful owner of the
569 property may reclaim the property from the owner or operator of
570 the premises at any time before the disposal or donation of the
571 property in accordance with this section and the established
572 policies and procedures of the owner or operator of the
573 premises. A charitable institution that accepts an electronic
574 device, as defined ins. 815.03(9), access to which is not
575 secured by a password or other personal identification
576 technology, shall make a reasonable effort to delete all
577 personal data from the electronic device before its sale or
578 disposal.
579 Section 16. Section 717.1355, Florida Statutes, is amended
580 to read:
581 717.1355 Theme park and entertainment complex tickets.-
582 This chapter does not apply to any tickets for admission to a
583 theme park or entertainment complex as defined ins. 509.013 -s.-
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Amendment No. 1
584 509.013(9), or to any tickets to a permanent exhibition or
585 recreational activity within such theme park or entertainment
586 complex.
587 Section 17. Subsection (8) of section 877.24, Florida
588 Statutes, is amended to read:
589 877.24 Nonapplication of s. 877.22.-Section 877.22 does
590 not apply to a minor who is:
591 (8) Attending an organized event held at and sponsored by
592 a theme park or entertainment complex as defined ins. 509.013
593 s . 509 . 013(9).
594 Section 18. The application of this act shall not
595 supersede any current or future declaration or declaration of
596 condominium adopted pursuant to chapter 718, Florida Statutes,
597 cooperative document adopted pursuant to chapter 719, Florida
598 Statutes, or declaration or declaration of covenant adopted
599 pursuant to chapter 720, Florida Statutes .
600 Section 19. (1) The Department of Revenue is authorized,
601 and all conditions are deemed to be met, to adopt emergency
602 rules pursuant to s. 120.54(4), Florida Statutes, for the
603 purpose o f implementing s . 212.03 , Florida Statutes , including
604 establishing procedures to facilitate the remittance of taxes.
605 (2} Notwithstanding any other provision of law, emergency
606 rules adopted pursuant to subsection (1) are effective for 6
607 months after adoption and may be renewed during the pendency of
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Amendment No. 1
608 procedures to adopt permanent rules addressing the subject of
609 the emergenc y rules.
610 (3) This section expires January 1, 2024.
611 Section 20. Except as otherwise expressly provided in this
612 act, this act shall take effect upon becoming a law.
613
614
615
616 T I T L E A ME N D ME N T
617 Remove everything before the enacting clause and insert:
618 A bill to be entitled
619 An act relating to vacation rentals; amending s.
620 212.03, F.S.; requiring advertising platforms to
621 collect and remit taxes imposed under chs. 125 and
622 212, F.S., for certain transactions; reordering and
623 amending s. 509.013, F.S.; defining the term
624 "advertising platform"; amending s. 509.032, F.S.;
625 conforming a cross-reference; preempting the
626 regulation of advertising platforms to the state;
627 amending s. 509.241, F.S.; requiring licenses issued
628 by the Division of Hotels and Restaurants of the
629 Department of Business and Professional Regulation to
630 be displayed conspicuously to the public inside the
631 licensed establishment; requiring the operator of
632 certain vacation rentals to also display its vacation
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Amendment No. 1
633 rental license number and applicable tax account
634 numbers; creating s. 509.243, F.S.; requiring
635 advertising platforms to require that persons placing
636 advertisements for vacation rentals include certain
637 information in the advertisements; providing that
638 advertising platforms are required to verify such
639 information; requiring advertising platforms to
640 quarterly provide the division with certain
641 information regarding vacation rentals in this state
642 listed on the platforms; requiring advertising
643 platforms to remove an advertisement or listing under
644 certain conditions and within a specified timeframe;
645 authorizing the division to issue and deliver a notice
646 to cease and desist for certain violations; providing
647 that such notice does not constitute agency action for
648 which a certain hearing may be sought; authorizing the
64 9 division to file certain proceedings; authorizing the
650 collection of attorney fees and costs under certain
651 circumstances; requiring advertising platforms to
652 adopt an antidiscrimination policy and to inform their
653 users of the policy's provisions; amending s. 775.21,
654 F.S.; revising the definition of the term "temporary
655 residence"; amending ss. 159.27, 212.08, 316.1955,
656 404.056, 477.0135, 509.221, 553.5041, 705.17, 705.185,
657 717.1355, and 877.24, F.S.; conforming cross-
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Amendment No. 1
658 references and provisions to changes made by the act;
659 providing that certain residential association
660 declarations and documents may not be superseded;
661 authorizing the department to adopt emergency rules;
662 providing requirements and an expiration for such
663 rules; providing effective dates.
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BUSINESS & PROFESSIONS SUBCOMMITTEE
HB 219 by Rep. Fischer
Vacation Rentals
AMENDMENT SUMMARY
February 10, 2021
Amendment 1 by Rep. Fischer (Strike-all amendment):
The strike-all amendment differs from the original bill in the following ways:
• Revises the tax requirement language for advertising platforms, moving it into chapter
212, F.S., specifying collection and remittance of municipal business taxes, and
specifying that the tax is imposed on the amount charged by the owner for use of the
rental.
• Requires the Department of Revenue (DOR) and counties that have elected to self-
administer the tourist development taxes to allow advertising platforms to register,
collect, and remit such taxes.
• Grants DOR emergency rulemaking authority to implement the changes made by the bill
relating to the collection of taxes, including establishing procedures to facilitate the
remittance of taxes.
• Clarifies that certain prohibitions in the bill do not apply to grandfathered ordinances
within areas of critical state concern, and clarifies that such grandfathered ordinances
may be amended if the amendment is less restrictive.
• Requires sexual offenders and sexual predators to register with the local sheriff's office if
they stay in a vacation rental for 24 hours or more.
• Conforms cross-references.
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- www.flhouse.gov