SB 522 — Vacation Rentals

Florida Senate - 2021 CS for CS for SB 522 By the CommitteesCommittee on Appropriations;Regulated Industries;

and RegulatedSenator Industries;Diaz 580-02170-21 2021522c1 A bill to be entitled An act relating to vacation rentals;

and Senator Diaz 576-02741-21 2021522c2 A bill to be entitled An act relating to vacation rentals;

revisingpreempting an exemption to the prohibition against certain local regulation of vacation rentals;rentals to the state;

providing exceptions;

providing appropriations;

5756 Be It Enacted by the Legislature of the State of Florida:

5958 Section 1. Effective January 1, 2022, subsection (2) of section 212.03, Florida Statutes, is amended to read:

103102 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.

151150 License classifications of public lodging establishments, and the definitions therefor, are set out in s.

221220 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.

Section 3. Paragraph (c) of subsection (3) and paragraph (b) of subsection (7) of section 509.032, Florida Statutes, are amended,amended and paragraph (d) is added to subsection (7) of that section, to read:

(7) PREEMPTION AUTHORITY.— (b) A(a) The localregulation law,of ordinance,public orlodging regulationestablishments, mayincluding vacation rentals, and public food service establishments, including, but not prohibitlimited vacationto, rentalssanitation orstandards, regulatelicensing, theinspections, durationtraining orand frequencytesting of rentalpersonnel, and matters related to the nutritional content and marketing of vacationfoods rentals.offered in such establishments, is expressly preempted to the state.

ThisA paragraph does not apply to any local law, ordinance, or regulation adoptedmay onnot allow or beforerequire Junethe 1,local 2011,inspection includingor whenlicensing suchof law,public ordinance,lodging orestablishments, regulationincluding isvacation amendedrentals, toor bepublic lessfood restrictive.service establishments.

(d) TheThis regulationparagraph does not preempt the authority of advertisinga platformslocal isgovernment preemptedor local enforcement district to conduct inspections of public lodging and public food service establishments for compliance with the state,Florida Building Code and advertisingthe platformsFlorida shallFire bePrevention regulatedCode, underpursuant thisto chapter.ss.

553.80 and 633.206.

(b) 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.

However, a local law, ordinance, or regulation may not prohibit vacation rentals or regulate the duration or frequency of rental of vacation rentals.

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

(c) 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.

380.0552 or chapter 28-36, Florida Administrative Code.

Any such local law, ordinance, or regulation may be amended so long as the amendment is not more restrictive than the existing law, ordinance, or regulation.

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

535568 “RADON GAS:

Additional information regarding radon and radon testing may be obtained from your county health department.” 543576 The requirements of this subsection do not apply to any residential transient occupancy, as described in s.

Section 20. For20. Except theas 2021-2022otherwise fiscalexpressly year,provided the sums of $194,042 in recurringthis fundsact, andthis $176,143act inshall nonrecurringtake fundseffect fromupon thebecoming Hotel and Restaurant Trust Fund are appropriated to the Department of Business and Professional Regulation, and three full-time equivalent positions with a totallaw. associated salary rate of 111,036 are authorized for the purpose of implementing this act.

Section 21. For the 2021-2022 fiscal year, the sums of $148,941 in recurring funds and $363,590 in nonrecurring funds from the General Revenue Fund are appropriated to the Florida Department of Law Enforcement, and two full-time equivalent positions with a total associated salary rate of 90,150 are authorized for the purpose of implementing this act.

Section 22. Except as otherwise expressly provided in this act, this act shall take effect upon becoming a law.