HB 1011 — Vacation Rentals

The same duties imposed by this chapter upon dealers in tangible personal property respecting the collection and remission of the tax;

the making of returns;

the keeping of books, records, and accounts;

and the compliance with the rules and regulations of the department in the administration of this chapter shall apply to and be binding upon all persons who manage or operate hotels, apartment houses, roominghouses, tourist and trailer camps, and the rental of condominium units, and to all persons who collect or receive such rents on behalf of such owner or lessor taxable under this chapter.

(b) If a guest uses a payment system on or through an advertising platform, as defined in s.

509.013, to pay for the rental of a vacation rental located in this state, the advertising platform shall collect and remit all taxes imposed under chapters 125 and 212 on the total rental amount charged by the owner or operator for the use of the vacation rental under s.

125.0104 and this section.

In order to facilitate the remittance of such taxes, the department and counties that have elected to self-administer the taxes imposed under chapter 125 must allow advertising platforms to register, collect, and remit such taxes.

Section 2.

Section 509.013, Florida Statutes, is amended to read:

(1)(17) "Advertising platform" means a person who:

(a) Provides an online application, software, website, system, or print advertisement through which a transient public Page 42 of 299 CODING:

hb1011-02-c2hb1011-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HBCS/HB 1011 2020 (a)lodging Providesestablishment 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;

andor (c) 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.

(2)(6)The "Director"term meansdoes not include the Directormultiple oflisting theservice Divisionor ofan Hotelsonline andor Restaurantsprint advertisement of thea Departmenttransient ofpublic Businesslodging andestablishment Professionalby Regulation.a real estate broker or sales associate licensed under chapter 475;

(3)(1)however, "Division"a meansreal theestate Divisionbroker ofor Hotelssales andassociate Restaurantslicensed ofunder thechapter Department475 ofmust Businesscomply andwith Professionals. Regulation.

(4)(3)509.243(3). "Guest" means any patron, customer, tenant, lodger, boarder, or occupant of a public lodging establishment or public food service establishment.

(5)(16)Section "Nontransient"2. means a guest in nontransient occupancy.

(6)(14)Subsection "Nontransient(7) establishment"of meanssection any509.032, publicFlorida lodgingStatutes, establishment that is rentedamended or leased to guestsread: by an operator whose intention is that the dwelling unit occupied will Page 5 of 29 CODING:

509.032 Duties.— (7) PREEMPTION AUTHORITY.— (a) Public lodging establishments and public food service establishments.— 1.

Preemption.—The regulation of public lodging establishments, including vacation rentals, and public food Page 3 of 9 CODING:

hb1011-02-c2hb1011-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HBCS/HB 1011 2020 beservice establishments, including, but not limited to, sanitation standards, inspections, training and testing of personnel, and matters related to the solenutritional residencecontent and marketing of foods offered in such establishments, is preempted to the guest.state.

(7)(15)This "Nontransientsubparagraph occupancy"paragraph meansdoes occupancynot whenpreempt itthe isauthority theof intentiona local government or local enforcement district to conduct inspections of public lodging and public food service establishments for compliance with the partiesFlorida thatBuilding Code and the occupancyFlorida willFire notPrevention beCode, temporary.pursuant to ss.

There is a rebuttable presumption that, when the dwelling unit occupied is the sole residence of the guest, the occupancy is nontransient.

(8)(2) "Operator" means the owner, licensee, proprietor, lessee, manager, assistant manager, or appointed agent of a public lodging establishment or public food service establishment.

(9)(a)(4)(a) "Public lodging establishment" includes a transient public lodging establishment as defined in subparagraph 1.

and a nontransient public lodging establishment as defined in subparagraph 2.

1.

"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 1 calendar month, whichever is less, or which is advertised or held out to the public as a place regularly rented to guests.

2.

"Nontransient 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 for periods of at least 30 days or 1 calendar month, whichever Page 6 of 29 CODING:

Words stricken are deletions;

words underlined are additions.

hb1011-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 1011 2020 is less, or which is advertised or held out to the public as a place regularly rented to guests for periods of at least 30 days or 1 calendar month.

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

509.242.

For the purpose of licensure, the term does not include condominium common elements as defined in s.

718.103.

(b) The following are excluded from the definitions in paragraph (a):

1.

Any dormitory or other living or sleeping facility maintained by a public or private school, college, or university for the use of students, faculty, or visitors.

2.

Any facility certified or licensed and regulated by the Agency for Health Care Administration or the Department of Children and Families or other similar place regulated under s.

381.0072.

3.

Any place renting four rental units or less, unless the rental units are advertised or held out to the public to be places that are regularly rented to transients.

4.

Any unit or group of units in a condominium, cooperative, or timeshare plan and any individually or collectively owned one-family, two-family, three-family, or four-family dwelling house or dwelling unit that is rented for periods of at least 30 days or 1 calendar month, whichever is Page 7 of 29 CODING:

Words stricken are deletions;

words underlined are additions.

hb1011-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 1011 2020 less, and that is not advertised or held out to the public as a place regularly rented for periods of less than 1 calendar month, provided that no more than four rental units within a single complex of buildings are available for rent.

5.

Any migrant labor camp or residential migrant housing permitted by the Department of Health under ss.

381.008- 381.00895.

6.

Any establishment inspected by the Department of Health and regulated by chapter 513.

7.

Any nonprofit organization that operates a facility providing housing only to patients, patients' families, and patients' caregivers and not to the general public.

8.

Any apartment building inspected by the United States Department of Housing and Urban Development or other entity acting on the department's behalf that is designated primarily as housing for persons at least 62 years of age.

The division may require the operator of the apartment building to attest in writing that such building meets the criteria provided in this subparagraph.

The division may adopt rules to implement this requirement.

9.

Any roominghouse, boardinghouse, or other living or sleeping facility that may not be classified as a hotel, motel, timeshare project, vacation rental, nontransient apartment, bed and breakfast inn, or transient apartment under s.

509.242.

(10)(a)(5)(a) "Public food service establishment" means Page 8 of 29 CODING:

Words stricken are deletions;

words underlined are additions.

hb1011-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 1011 2020 any building, vehicle, place, or structure, or any room or division in a building, vehicle, place, or structure where food is prepared, served, or sold for immediate consumption on or in the vicinity of the premises;

called for or taken out by customers;

or prepared before prior to being delivered to another location for consumption.

The term includes a culinary education program, as defined in s.

381.0072(2), which offers, prepares, serves, or sells food to the general public, regardless of whether it is inspected by another state agency for compliance with sanitation standards.

(b) The following are excluded from the definition in paragraph (a):

1.

Any place maintained and operated by a public or private school, college, or university:

a.

For the use of students and faculty;

or b.

Temporarily to serve such events as fairs, carnivals, food contests, cook-offs, and athletic contests.

2.

Any eating place maintained and operated by a church or a religious, nonprofit fraternal, or nonprofit civic organization:

a.

For the use of members and associates;

or b.

Temporarily to serve such events as fairs, carnivals, food contests, cook-offs, or athletic contests.

Upon request by the division, a church or a religious, nonprofit Page 9 of 29 CODING:

Words stricken are deletions;

words underlined are additions.

hb1011-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 1011 2020 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.

3.

Any eating place maintained and operated by an individual or entity at a food contest, cook-off, or a temporary event lasting from 1 to 3 days which is hosted by a church or a religious, nonprofit fraternal, or nonprofit civic organization.

Upon request by the division, the event host must provide the division documentation of its status as a church or a religious, nonprofit fraternal, or nonprofit civic organization.

4.

Any eating place located on an airplane, train, bus, or watercraft which is a common carrier.

5.

Any eating place maintained by a facility certified or licensed and regulated by the Agency for Health Care Administration or the Department of Children and Families or other similar place that is regulated under s.

381.0072.

6.

Any place of business issued a permit or inspected by the Department of Agriculture and Consumer Services under s.

500.12.

7.

Any place of business where the food available for consumption is limited to ice, beverages with or without garnishment, popcorn, or prepackaged items sold without additions or preparation.

8.

Any theater, if the primary use is as a theater and if Page 10 of 29 CODING:

Words stricken are deletions;

words underlined are additions.

hb1011-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 1011 2020 patron service is limited to food items customarily served to the admittees of theaters.

9.

Any vending machine that dispenses any food or beverages other than potentially hazardous foods, as defined by division rule.

10.

Any vending machine that dispenses potentially hazardous food and which is located in a facility regulated under s.

381.0072.

11.

Any research and development test kitchen limited to the use of employees and which is not open to the general public.

(11)(7) "Single complex of buildings" means all buildings or structures that are owned, managed, controlled, or operated under one business name and are situated on the same tract or plot of land that is not separated by a public street or highway.

(12)(8) "Temporary food service event" means any event of 30 days or less in duration where food is prepared, served, or sold to the general public.

(13)(9) "Theme park or entertainment complex" means a complex comprised of at least 25 contiguous acres owned and controlled by the same business entity and which contains permanent exhibitions and a variety of recreational activities and has a minimum of 1 million visitors annually.

(14)(10) "Third-party provider" means, for purposes of s.

Page 11 of 29 CODING:

Words stricken are deletions;

words underlined are additions.

hb1011-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 1011 2020 509.049, any provider of an approved food safety training program that provides training or such a training program to a public food service establishment that is not under common ownership or control with the provider.

(15)(13) "Transient" means a guest in transient occupancy.

(16)(11) "Transient establishment" means any public lodging establishment that is rented or leased to guests by an operator whose intention is that such guests' occupancy will be temporary.

(17)(12) "Transient occupancy" means occupancy when it is the intention of the parties that the occupancy will be temporary.

There is a rebuttable presumption that, when the dwelling unit occupied is not the sole residence of the guest, the occupancy is transient.

Section 3.

Paragraph (c) of subsection (3) and subsection (7) of section 509.032, Florida Statutes, are amended to read:

509.032 Duties.— (3) SANITARY STANDARDS;

EMERGENCIES;

TEMPORARY FOOD SERVICE EVENTS.—The division shall:

(c) Administer a public notification process for temporary food service events and distribute educational materials that address safe food storage, preparation, and service procedures.

1.

Sponsors of temporary food service events shall notify the division not less than 3 days before the scheduled event of the type of food service proposed, the time and location of the Page 12 of 29 CODING:

Words stricken are deletions;

words underlined are additions.

hb1011-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 1011 2020 event, a complete list of food service vendors participating in the event, the number of individual food service facilities each vendor will operate at the event, and the identification number of each food service vendor's current license as a public food service establishment or temporary food service event licensee.

Notification may be completed orally, by telephone, in person, or in writing.

A public food service establishment or food service vendor may not use this notification process to circumvent the license requirements of this chapter.

2.

The division shall keep a record of all notifications received for proposed temporary food service events and shall provide appropriate educational materials to the event sponsors and notify the event sponsors of the availability of the food- recovery brochure developed under s.

595.420.

3.a.

Unless excluded under s.

509.013 s.

509.013(5)(b), a public food service establishment or other food service vendor must obtain one of the following classes of license from the division:

an individual license, for a fee of no more than $105, for each temporary food service event in which it participates;

or an annual license, for a fee of no more than $1,000, that entitles the licensee to participate in an unlimited number of food service events during the license period.

The division shall establish license fees, by rule, and may limit the number of food service facilities a licensee may operate at a particular temporary food service event under a single license.

Page 13 of 29 CODING:

Words stricken are deletions;

words underlined are additions.

hb1011-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 1011 2020 b.

Public food service establishments holding current licenses from the division may operate under the regulations of such a license at temporary food service events.

(7) PREEMPTION AUTHORITY.— (a) The regulation of public lodging establishments, including vacation rentals, and public food service establishments, including, but not limited to, sanitation standards, licensing, inspections, training and testing of personnel, and matters related to the nutritional content and marketing of foods offered in such establishments, is expressly preempted to the state.

A local law, ordinance, or regulation may not allow or require the local inspection or licensing of public lodging establishments, including vacation rentals, or public food service establishments.

This paragraph does not preempt the authority of a local government or local enforcement district to conduct inspections of public lodging and public food service establishments for compliance with the Florida Building Code and the Florida Fire Prevention Code, pursuant to ss.

(b)2.(b) AVacation localrentals.— law,a. ordinance, or regulation may regulate activities that arise when a property is used as a vacation rental if the law, ordinance, or regulation applies uniformly to all residential properties without regard to whether the property is used as a vacation rental as defined in s.

509.242,The theLegislature propertyfinds isthat: used as a long-term rental subject to chapter Page 14 of 29 CODING:

(I) Property owners who choose to use their property as a vacation rental have constitutionally protected property rights and other rights that must be protected, including the right to use their residential property as a vacation rental;

(II) Vacation rentals play a significant, unique, and critical role in this state's tourism industry, and that role is different from other types of public lodging establishments;

(III) There are factors unique to the ownership and operation of a vacation rental;

and (IV) Vacation rentals are residential in nature, a residential use, and thus permitted in residential neighborhoods.

b.

Except as provided under this subparagraph, the Page 4 of 9 CODING:

hb1011-02-c2hb1011-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HBCS/HB 1011 2020 83,regulation orof thevacation propertyrentals, ownerincluding choosesinspection notand tolicensing, rentis expressly preempted to the property.state.

c.

A local law, ordinance, or regulation may regulate activities that arise when a property is used as a vacation rental if the law, ordinance, or regulation applies uniformly to all residential properties without regard to whether the property is used as a vacation rental as defined in s.

509.242, the property is used as a long-term rental subject to chapter 83, or the property owner chooses not to rent the property.

TheThis prohibitionssub-subparagraph set forth in this paragraph do does not apply to any local law, ordinance, or regulation adopted on or before June 1, 2011,2011. including when such law, ordinance, or regulation is being amended to be less restrictive with regard to a prohibition, or duration, or frequency regulation.

(c)d. Paragraph (b) and the provisions of paragraph (a) relating to the licensing of vacation rentals do does not apply to any local law, ordinance, or regulation adopted on or before June 1, 2011, in any jurisdiction within 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, as designated by s.

380.0552A local law, ordinance, or chapterregulation 28-36,may Floridanot Administrativeallow Code.or require the inspection or licensing of vacation rentals.

Anye.(c) suchThis subparagraph paragraph (b) does not apply to any local law, ordinance, or regulation mayexclusively berelating amendedto soproperty longvaluation as thea amendmentcriterion isfor notvacation morerental restrictiveif than the existing local law, ordinance, or regulation.regulation is required to be approved by the state land planning agency pursuant to an area of critical state concern designation.

(d)(b) TheAdvertising platforms.—The regulation of advertising platforms is preempted to the state and shall be regulated under this chapterchapter. designation.

SectionPage 4.5 of 9 CODING:

Effective January 1, 2021, subsection (3) of Page 15 of 29 CODING:

hb1011-02-c2hb1011-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HBCS/HB 1011 2020 sectionSection 509.241,3. Florida Statutes, is amended to read:

Effective January 1, 2021, subsection (3) of section 509.241, Florida Statutes, is amended to read:

The owner or operator of a vacation rental offered for transient occupancy through an advertising platform must also 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.

Section 4.

Paragraph (c) of subsection (1) of section 509.242, Florida Statutes, is amended to read:

509.242 Public lodging establishments;

classifications.— (1) A public lodging establishment shall be classified as a hotel, motel, nontransient apartment, transient apartment, bed and breakfast inn, timeshare project, or vacation rental if the establishment satisfies the following criteria:

(c) Vacation rental.—A vacation rental is a any unit or group of units in a condominium or cooperative or in an any individually or collectively owned single-family, two-family, three-family, or four-family house or dwelling unit that is also Page 6 of 9 CODING:

Words stricken are deletions;

words underlined are additions.

hb1011-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 1011 2020 a transient public lodging establishment but that is not a timeshare project.

509.243 Advertising platforms.— (1)(a) An advertising platform must require that a person who places an advertisement for the rental of a vacation rentalrental: for transient occupancy:

Attest to the best of histheir or her knowledge that the license number for the vacation rental licenseproperty number and the applicable Floridatax salesnumbers Pageare 16current, ofvalid, 29and CODING:accurately stated in the advertisement.

(b) An advertising platform must display the license number and applicable Florida sales tax registration and tourist development tax numbers, but the advertising platform is not required to verify such information.

(2) An advertising platform must 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 and all of the following information for each listing:

(a) The uniform resource locator for the Internet address Page 7 of 9 CODING:

hb1011-02-c2hb1011-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HBCS/HB 1011 2020 taxof registration and tourist development tax account numbers are current, valid, and accurately stated in the advertisement.listing.

(b) AnThe advertising platform must display the vacation rental license number andprovided by the applicableowner Floridaor salesoperator. tax registration and tourist development tax account numbers.

(c) The advertisingapplicable platformFlorida mustsales verifytax thatregistration the vacation rental license number provided by the owner or operator is valid and appliestourist todevelopment thetax subjectnumbers vacationunder rentalwhich beforetaxes publishingwill thebe advertisementremitted onfor itsrentals platformcommenced andthrough again at the endadvertisement. of each calendar quarter that the advertisement remains on its platform.

(c)(3) TheAn divisionadvertising shallplatform maintainmust vacationremove rentalfrom licensepublic informationview inan aadvertisement readilyor accessiblelisting electronicfrom formatits thatonline isapplication, sufficientsoftware, towebsite, facilitateor promptsystem compliancewithin with15 thebusiness requirementsdays ofafter thisbeing subsectionnotified by anthe advertisingdivision platformin orwriting athat personthe placingsubject an advertisement onor anlisting advertising platform for the rental of a vacation rental forlocated transientin occupancy.this state fails to display a valid license number issued by the division.

(2)(4) AnIf advertisingthe platformdivision musthas provideprobable cause to thebelieve divisionthat on a quarterlyperson basis,not licensed by filethe transferdivision protocolhas orviolated electronicthis datachapter, exchangeor file,any arule listadopted ofpursuant allthereto, vacationthe rentalsdivision locatedmay inissue thisand statedeliver thatto aresuch advertisedperson ona itsnotice platform,to alongcease withand thedesist followingfrom informationthe forviolation. each vacation rental:

(a) The uniform resource locator for the Internet address of the vacation rental advertisement.

(b) Unless otherwise stated in the vacation rental advertisement at the Internet address provided pursuant to Page 17 of 29 CODING:

Words stricken are deletions;

words underlined are additions.

hb1011-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 1011 2020 paragraph (a), the physical address of the vacation rental, including any unit designation, the vacation rental license number provided by the owner or operator, and the applicable Florida sales tax registration and tourist development tax account numbers under which taxes will be remitted for the rentals commenced through the advertisement.

(3) An advertising platform must remove from public view an advertisement from its online application, software, website, or system within 15 business days after being notified by the division in writing that the subject advertisement for the rental of a vacation rental located in this state fails to display a valid vacation rental license number issued by the division.

(4) If a guest uses a payment system on or through an advertising platform to pay for the rental of a vacation rental located in this state, the advertising platform shall collect and remit all taxes imposed under chapters 125 and 212 on the total rental amount charged by the owner or operator for the use of the vacation rental under ss.

125.0104 and 212.03.

(5) If the division has probable cause to believe that a person not licensed by the division has violated this chapter, or any rule adopted pursuant to this chapter, the division may issue and deliver to such person a notice to cease and desist from the violation.

Page120.569 18and of120.57 29may CODING:be sought.

Words stricken are deletions;

words underlined are additions.

hb1011-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 1011 2020 120.569 and 120.57 may be sought.

120.569, it is entitledPage to8 collect its attorney fees and costs, together with any cost of collection.9 CODING:

(6) Advertising platforms must adopt an antidiscrimination policy to help prevent discrimination among their users and must inform all users of their services that it is illegal to refuse accommodation to an individual based on race, creed, color, sex, pregnancy, physical disability, or national origin pursuant to s.

509.092.

Section 6.

Paragraphs (n) and (o) of subsection (2) and paragraph (e) of subsection (6) of section 775.21, Florida Statutes, are amended to read:

775.21 The Florida Sexual Predators Act.— (2) DEFINITIONS.—As used in this section, the term:

(n) "Temporary residence" means a place where a the person abides, lodges, or resides, including, but not limited to, vacation, business, or personal travel destinations in or out of this state, for a period of 3 or more days in the aggregate during any calendar year and which is not the person's permanent address or, for a person whose permanent residence is not in Page 19 of 29 CODING:

hb1011-02-c2hb1011-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HBCS/HB 1011 2020 thisentitled state,to acollect placeits whereattorney thefees personand iscosts, employed,together practiceswith a vocation, or is enrolled as a student for any periodcost of timecollection. in this state.

TheSection term6. includes a place where a person lodges in a vacation rental, as defined in s.

509.242,The Legislature does not intend for 24the hoursapplication of this act to supersede any current or more.future declaration or declaration of condominium adopted pursuant to chapter 718, Florida Statutes, cooperative documents adopted pursuant to chapter 719, Florida Statutes, or declaration of covenants or declaration adopted pursuant to chapter 720, Florida Statutes.

(o) "Transient residence" means a county where a person lives, remains, or is located for a period of 3 or more days in the aggregate during a calendar year and which is not the person's permanent or temporary address.

The term includes, but is not limited to, a place where the person sleeps or seeks shelter and a location that has no specific street address.

The term also includes a county where a person lodges in a vacation rental, as defined in s.

509.242, for 24 hours or more.

(6) REGISTRATION.— (e)1.

If the sexual predator is not in the custody or control of, or under the supervision of, the Department of Corrections or is not in the custody of a private correctional facility, the sexual predator shall register in person:

a.

At the sheriff's office in the county where he or she establishes or maintains a residence within 24 hours after establishing or maintaining a temporary residence or transient residence in a vacation rental or 48 hours after establishing or maintaining any other a residence in this state;

and b.

At the sheriff's office in the county where he or she was designated a sexual predator by the court within 48 hours after such finding is made.

Page 20 of 29 CODING:

Words stricken are deletions;

words underlined are additions.

hb1011-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 1011 2020 2.

Any change that occurs after the sexual predator registers in person at the sheriff's office as provided in subparagraph 1.

in any of the following information related to the sexual predator must be reported as provided in paragraphs (g), (i), and (j):

permanent, temporary, or transient residence;

name;

vehicles owned;

electronic mail addresses;

Internet identifiers and each Internet identifier's corresponding website homepage or application software name;

home and cellular telephone numbers;

employment information;

and change in status at an institution of higher education.

When a sexual predator registers with the sheriff's office, the sheriff shall take a photograph, a set of fingerprints, and palm prints of the predator and forward the photographs, palm prints, and fingerprints to the department, along with the information that the predator is required to provide pursuant to this section.

SubsectionFor (12)the 2020-2021 fiscal year, the sums of section$1,306,368 159.27,in Floridarecurring Statutes,funds isand amended$116,749 in nonrecurring funds from the Hotel and Restaurant Trust Fund are appropriated to read:the Department of Business and Professional Regulation and 19 full- time equivalent positions with associated salary rate of 792,021 are authorized for the purpose of implementing this act.

159.27Section Definitions.—The8. following words and terms, unless the context clearly indicates a different meaning, shall have the following meanings:

(12) "Public lodging or restaurant facility" means property used for any public lodging establishment as defined in s.

509.242 or public food service establishment as defined in s.

509.013 s.

509.013(5) if it is part of the complex of, or necessary to, another facility qualifying under this part.

Page 21 of 29 CODING:

Words stricken are deletions;

words underlined are additions.

hb1011-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 1011 2020 Section 8.

Paragraph (jj) of subsection (7) of section 212.08, Florida Statutes, is amended to read:

212.08 Sales, rental, use, consumption, distribution, and storage tax;

specified exemptions.—The sale at retail, the rental, the use, the consumption, the distribution, and the storage to be used or consumed in this state of the following are hereby specifically exempt from the tax imposed by this chapter.

(7) MISCELLANEOUS EXEMPTIONS.—Exemptions provided to any entity by this chapter do not inure to any transaction that is otherwise taxable under this chapter when payment is made by a representative or employee of the entity by any means, including, but not limited to, cash, check, or credit card, even when that representative or employee is subsequently reimbursed by the entity.

In addition, exemptions provided to any entity by this subsection do not inure to any transaction that is otherwise taxable under this chapter unless the entity has obtained a sales tax exemption certificate from the department or the entity obtains or provides other documentation as required by the department.

Eligible purchases or leases made with such a certificate must be in strict compliance with this subsection and departmental rules, and any person who makes an exempt purchase with a certificate that is not in strict compliance with this subsection and the rules is liable for and shall pay the tax.

The department may adopt rules to administer Page 22 of 29 CODING:

Words stricken are deletions;

words underlined are additions.

hb1011-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 1011 2020 this subsection.

(jj) Complimentary meals.—Also exempt from the tax imposed by this chapter are food or drinks that are furnished as part of a packaged room rate by any person offering for rent or lease any transient living accommodations as described in s.

509.013 s.

509.013(4)(a) which are licensed under part I of chapter 509 and which are subject to the tax under s.

212.03, if a separate charge or specific amount for the food or drinks is not shown.

Such food or drinks are considered to be sold at retail as part of the total charge for the transient living accommodations.

Moreover, the person offering the accommodations is not considered to be the consumer of items purchased in furnishing such food or drinks and may purchase those items under conditions of a sale for resale.

Section 9.

Paragraph (b) of subsection (4) of section 316.1955, Florida Statutes, is amended to read:

316.1955 Enforcement of parking requirements for persons who have disabilities.— (4) (b) Notwithstanding paragraph (a), a theme park or an entertainment complex as defined in s.

509.013 s.

509.013(9) which provides parking in designated areas for persons who have disabilities may allow any vehicle that is transporting a person who has a disability to remain parked in a space reserved for persons who have disabilities throughout the period the theme Page 23 of 29 CODING:

Words stricken are deletions;

words underlined are additions.

hb1011-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 1011 2020 park is open to the public for that day.

Section 10.

Subsection (5) of section 404.056, Florida Statutes, is amended to read:

404.056 Environmental radiation standards and projects;

certification of persons performing measurement or mitigation services;

mandatory testing;

notification on real estate documents;

rules.— (5) NOTIFICATION ON REAL ESTATE DOCUMENTS.—Notification shall be provided on at least one document, form, or application executed at the time of, or prior to, contract for sale and purchase of any building or execution of a rental agreement for any building.

Such notification shall contain the following language:

"RADON GAS:

Radon is a naturally occurring radioactive gas that, when it has accumulated in a building in sufficient quantities, may present health risks to persons who are exposed to it over time.

Levels of radon that exceed federal and state guidelines have been found in buildings in Florida.

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

509.013 s.

509.013(12), provided that such occupancy is 45 days or less in duration.

Section 11.

Subsection (6) of section 477.0135, Florida Page 24 of 29 CODING:

Words stricken are deletions;

words underlined are additions.

hb1011-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 1011 2020 Statutes, is amended to read:

477.0135 Exemptions.— (6) A license is not required of any individual providing makeup or special effects services in a theme park or entertainment complex to an actor, stunt person, musician, extra, or other talent, or providing makeup or special effects services to the general public.

The term "theme park or entertainment complex" has the same meaning as in s.

509.013 s.

509.013(9).

Section 12.

Paragraph (b) of subsection (2) of section 509.221, Florida Statutes, is amended to read:

509.221 Sanitary regulations.— (2) (b) Within a theme park or entertainment complex as defined in s.

509.013 s.

509.013(9), the bathrooms are not required to be in the same building as the public food service establishment, so long as they are reasonably accessible.

Section 13.

Paragraph (b) of subsection (5) of section 553.5041, Florida Statutes, is amended to read:

553.5041 Parking spaces for persons who have disabilities.— (5) Accessible perpendicular and diagonal accessible parking spaces and loading zones must be designed and located to conform to ss.

502 and 503 of the standards.

(b) If there are multiple entrances or multiple retail Page 25 of 29 CODING:

Words stricken are deletions;

words underlined are additions.

hb1011-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 1011 2020 stores, the parking spaces must be dispersed to provide parking at the nearest accessible entrance.

If a theme park or an entertainment complex as defined in s.

509.013 s.

509.013(9) provides parking in several lots or areas from which access to the theme park or entertainment complex is provided, a single lot or area may be designated for parking by persons who have disabilities, if the lot or area is located on the shortest accessible route to an accessible entrance to the theme park or entertainment complex or to transportation to such an accessible entrance.

Section 14.

Subsection (2) of section 705.17, Florida Statutes, is amended to read:

705.17 Exceptions.— (2) Sections 705.1015-705.106 do not apply to any personal property lost or abandoned on premises located within a theme park or entertainment complex, as defined in s.

509.013 s.

509.013(9), or operated as a zoo, a museum, or an aquarium, or on the premises of a public food service establishment or a public lodging establishment licensed under part I of chapter 509, if the owner or operator of such premises elects to comply with s.

705.185.

Section 15.

Section 705.185, Florida Statutes, is amended to read:

705.185 Disposal of personal property lost or abandoned on the premises of certain facilities.—When any lost or abandoned Page 26 of 29 CODING:

Words stricken are deletions;

words underlined are additions.

hb1011-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 1011 2020 personal property is found on premises located within a theme park or entertainment complex, as defined in s.

509.013 s.

509.013(9), or operated as a zoo, a museum, or an aquarium, or on the premises of a public food service establishment or a public lodging establishment licensed under part I of chapter 509, if the owner or operator of such premises elects to comply with this section, any lost or abandoned property must be delivered to such owner or operator, who must take charge of the property and make a record of the date such property was found.

If the property is not claimed by its owner within 30 days after it is found, or a longer period of time as may be deemed appropriate by the owner or operator of the premises, the owner or operator of the premises may not sell and must dispose of the property or donate it to a charitable institution that is exempt from federal income tax under s.

501(c)(3) of the Internal Revenue Code for sale or other disposal as the charitable institution deems appropriate.

The rightful owner of the property may reclaim the property from the owner or operator of the premises at any time before the disposal or donation of the property in accordance with this section and the established policies and procedures of the owner or operator of the premises.

A charitable institution that accepts an electronic device, as defined in s.

815.03(9), access to which is not secured by a password or other personal identification technology, shall make a reasonable effort to delete all Page 27 of 29 CODING:

Words stricken are deletions;

words underlined are additions.

hb1011-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 1011 2020 personal data from the electronic device before its sale or disposal.

Section 16.

Section 717.1355, Florida Statutes, is amended to read:

717.1355 Theme park and entertainment complex tickets.— This chapter does not apply to any tickets for admission to a theme park or entertainment complex as defined in s.

509.013 s.

509.013(9), or to any tickets to a permanent exhibition or recreational activity within such theme park or entertainment complex.

Section 17.

Subsection (8) of section 877.24, Florida Statutes, is amended to read:

877.24 Nonapplication of s.

877.22.—Section 877.22 does not apply to a minor who is:

(8) Attending an organized event held at and sponsored by a theme park or entertainment complex as defined in s.

509.013 s.

509.013(9).

Section 18.

The application of this act may not supersede any current or future declaration of condominium adopted pursuant to chapter 718, Florida Statutes, cooperative documents adopted pursuant to chapter 719, Florida Statutes, or declaration of covenants adopted pursuant to chapter 720, Florida Statutes.

Section 19.

(1) The Department of Revenue is authorized, and all conditions are deemed to be met, to adopt emergency Page 28 of 29 CODING:

Words stricken are deletions;

words underlined are additions.

hb1011-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 1011 2020 rules pursuant to s.

120.54(4), Florida Statutes, for the purpose of implementing s.

212.03, Florida Statutes, including establishing procedures to facilitate the remittance of taxes.

(2) Notwithstanding any other provision of law, emergency rules adopted pursuant to subsection (1) are effective for 6 months after adoption and may be renewed during the pendency of procedures to adopt permanent rules addressing the subject of the emergency rules.

(3) This section expires January 1, 2023.

Section 20.

Page 299 of 299 CODING:

hb1011-02-c2hb1011-01-c1