SB 1400 — Vacation Rentals

Florida Senate - 2018 CS for CS for SB's 1400 & 1640 By the CommitteeCommittees on CommunityRegulated Affairs;Industries;

and SenatorsCommunity SteubeAffairs; and Simmons 578-02631-18 20181400c1 A bill to be entitled An act relating to vacation rentals;

and Senators Steube, Simmons, and Brandes 580-03026A-18 20181400c2 A bill to be entitled An act relating to vacation rentals;

providing legislative intent;

specifying that local governments may regulate activities that arise when a property is used as a vacation rentalrental, subject to certain conditions;

grandfathering certain local laws, ordinances, and regulations;

deleting a prohibition against certain local regulation of vacation rentals;

108112 Be It Enacted by the Legislature of the State of Florida:

110114 Section 1. The Division of Law Revision and Information is directed to create part III of chapter 509, Florida Statutes, consisting of ss.

intent;

(6) If(6) The anyLegislature provisiondoes not intend for the application of this part isto heldsupersede invalid,any itcurrent isor thefuture legislativedeclaration intentor thatdeclaration theof preemptioncondominium byenacted thispursuant sectionto bechapter no718, longercooperative applicabledocuments enacted pursuant to thechapter provision719, or declaration of thecovenants partor helddeclaration invalid.enacted pursuant to chapter 720.

(7) If any provision of this part is held invalid, it is the legislative intent that the preemption by this section be no longer applicable to the provision of the part held invalid.

403413 License classifications of public lodging establishments, and the definitions therefor, are set out in s.

474484 Upon request by the division, a church or a religious, nonprofit fraternal, or nonprofit civic organization claiming an exclusion under this subparagraph must provide the division documentation of its status as a church or a religious, nonprofit fraternal, or nonprofit civic organization.

(17) “Vacation rental” means any unit or group of units in a condominium or cooperative or any individually or collectively owned singlesingle-family, family, two-family, three-family, or four-family house or dwelling unit that is rented to guests more than three times in a calendar year for periods of less than 18030 days or 1 calendar month, whichever is less, but that is not a timeshare project.

(b)1. A local government may regulate activities that arise when a property is used as a vacation rental,rental providedonly when such regulation applies uniformly to all residential properties without regard to whether the property is used as a vacation rental or as a long-term rental subject to part II of chapter 83 or whether a property owner chooses not to rent the property.

Such regulation also may not prohibit vacation rentals or regulate the duration or frequency of a rental.

This subparagraph does not apply to any local law, ordinance, or regulation adopted on or before June 1, 2011, including when such local law, ordinance, or regulation is being amended to be less restrictive.

(c) AA local law, ordinance, or regulation may not prohibit vacation rentals or regulate the duration or frequency of rental of vacation rentals.

(d)(c) Paragraph(c) Subparagraph (c)(b)1. (b) does not apply to any local law, ordinance, or regulation exclusively relating to property valuation as a criterion for vacation rental if the local law, ordinance, or regulation is required to be approved by the state land planning agency pursuant to an area of critical state concern designation.

Paragraph (b) does not apply to any local law, ordinance, or regulation exclusively relating to property valuation as a criterion for vacation rental if the local law, ordinance, or regulation is required to be approved by the state land planning agency pursuant to an area of critical state concern designation.

795813 “RADON GAS:

Additional information regarding radon and radon testing may be obtained from your county health department.” 803821 The requirements of this subsection do not apply to any residential transient occupancy, as described in s.

977995 “You are hereby notified that this establishment no longer desires to entertain you as its guest, and you are requested to leave at once.

To remain after receipt of this notice is a misdemeanor under the laws of this state.” 9821000 If such guest has paid in advance, the establishment shall, at the time such notice is given, tender to such guest the unused portion of the advance payment;