Vacation Rentals
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SB 512 — Vacation Rentals
Last action — Died in Appropriations
No card. One bill, free forever — alerts when it moves.
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✓Introduced
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2In Committee
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3Passed Senate
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4Passed House
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5To Executive
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6Enacted
This bill died with 2022 Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.
Summary
Vacation Rentals; Requiring advertising platforms to collect and remit taxes for certain transactions; revising the regulated activities of public lodging establishments and public food service establishments preempted to the state to include licensing; expanding the authority of local laws, ordinances, or regulations to include requiring vacation rentals to register with local vacation rental registration programs; authorizing local governments to adopt vacation rental registration programs and impose fines for failure to register; requiring advertising platforms to require that persons placing advertisements for vacation rentals include certain information in the advertisements and attest to certain information, etc.
Bill Text
What changed in the latest version
496 added · 489 removed496 line(s) added, 489 removed.
Florida Senate - 2022 CS for SB 512 By Senatorthe BurgessCommittee 20-00473A-22on 2022512__Community AAffairs; bill to be entitled An act relating to vacation rentals;
and Senator Burgess 578-02643-22 2022512c1 A bill to be entitled An act relating to vacation rentals;
Florida Senate - 2022 CS for SB 512 20-00473A-22578-02643-22 2022512__2022512c1 to issue temporary licenses upon receipt of vacation rental license applications;
Florida Senate - 2022 CS for SB 512 20-00473A-22578-02643-22 2022512__2022512c1 authorizing the division to impose a fine on advertising platforms for certain violations;
Florida Senate - 2022 CS for SB 512 20-00473A-22578-02643-22 2022512__2022512c1 or person receiving the rent in and by said rental arrangement to the lessee or person paying the rental, and shall be due and payable at the time of the receipt of such rental payment by the lessor or person, as defined in this chapter, who receives said rental or payment.
Florida Senate - 2022 CS for SB 512 20-00473A-22578-02643-22 2022512__2022512c1 2.
Florida Senate - 2022 CS for SB 512 20-00473A-22578-02643-22 2022512__2022512c1 transaction.
Florida Senate - 2022 CS for SB 512 20-00473A-22578-02643-22 2022512__2022512c1 License classifications of public lodging establishments, and the definitions therefor, are set out in s.
Florida Senate - 2022 CS for SB 512 20-00473A-22578-02643-22 2022512__2022512c1 6.
Florida Senate - 2022 CS for SB 512 20-00473A-22578-02643-22 2022512__2022512c1 paragraph (a):
Florida Senate - 2022 CS for SB 512 20-00473A-22578-02643-22 2022512__2022512c1 Administration or the Department of Children and Families or other similar place that is regulated under s.
Florida Senate - 2022 CS for SB 512 20-00473A-22578-02643-22 2022512__2022512c1 (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.
Florida Senate - 2022 CS for SB 512 20-00473A-22578-02643-22 2022512__2022512c1 temporary.
Florida Senate - 2022 CS for SB 512 20-00473A-22578-02643-22 2022512__2022512c1 provide appropriate educational materials to the event sponsors and notify the event sponsors of the availability of the food- recovery brochure developed under s.
Florida Senate - 2022 CS for SB 512 20-00473A-22578-02643-22 2022512__2022512c1 (b)1.
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 amended to be less restrictive or to comply with the local registration requirements provided in this paragraph.paragraph, or when a law, ordinance, or regulation adopted after June 1, 2011, regulates vacation rentals, if such law, ordinance, or regulation is less restrictive than a law, ordinance, or regulation that was in effect on June 1, 2011.
Local governments may charge a fee of no more than $50 for processing an individual registration application or $100 for processing a collective registration application.
b.Page 14 of 29 CODING:
Obtain a license as a transient public lodging establishment issued by the division within 60 days after local registration.
c.
Obtain all required tax registrations, receipts, or certificates issued by the Department of Revenue, a county, or a Page 14 of 29 CODING:
Florida Senate - 2022 CS for SB 512 20-00473A-22578-02643-22 2022512__2022512c1 municipalb. government.
Obtain a license as a transient public lodging establishment issued by the division within 60 days after local registration.
c.
Obtain all required tax registrations, receipts, or certificates issued by the Department of Revenue, a county, or a municipal government.
Such notice may be provided by United States mail or electronically.
c.Page 15 of 29 CODING:
When a local government denies an application for registration of a vacation rental, the local government must give written notice to the applicant.
Such notice may be provided by United States mail or electronically.
The written notice must specify with particularity the factual reasons for the denial and include a citation to the applicable portions of Page 15 of 29 CODING:
Florida Senate - 2022 SBCS 512 20-00473A-22 2022512__ an ordinance, a rule, a statute, or other legal authority for theSB denial512 of578-02643-22 the2022512c1 registration.c.
When a local government denies an application for registration of a vacation rental, the local government must give written notice to the applicant.
Such notice may be provided by United States mail or electronically.
The notice must specify with particularity the factual reasons for the denial and include a citation to the applicable portions of an ordinance, a rule, a statute, or other legal authority for the denial of the registration.
(d) The regulation of advertising platforms is preempted to thePage state16 asof provided29 inCODING: this chapter.
Words stricken are deletions;
words underlined are additions.
Florida Senate - 2022 CS for SB 512 578-02643-22 2022512c1 the state as provided in this chapter.
exceptions.— (2) APPLICATION FOR LICENSE.—Each person who plans to open a public lodging establishment or a public food service Pageestablishment 16shall ofapply 29for CODING:and receive a license from the division before prior to the commencement of operation.
Words stricken are deletions;
Show all 126 changed lines (86 more)
words underlined are additions.
Florida Senate - 2022 SB 512 20-00473A-22 2022512__ establishment shall apply for and receive a license from the division before prior to the commencement of operation.
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, if applicable,Page the17 localof registration29 number.CODING:
Words stricken are deletions;
words underlined are additions.
Florida Senate - 2022 CS for SB 512 578-02643-22 2022512c1 applicable, the local registration number.
Page1. 17 of 29 CODING:
Words stricken are deletions;
words underlined are additions.
Florida Senate - 2022 SB 512 20-00473A-22 2022512__ 1.
(2) An advertising platform must remove from public view an advertisement or a listing from its online application, software,Page website,18 or system within 15 business days after being notified by the division in writing that the subject advertisement or listing for the rental of a29 vacationCODING: rental located in this state fails to display a valid license number issued by the division.
(3) If a guest uses a payment system on or through an Page 18 of 29 CODING:
Florida Senate - 2022 CS for SB 512 20-00473A-22578-02643-22 2022512__2022512c1 advertisingsoftware, platformwebsite, toor paysystem 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,state thefails advertisingto platformdisplay musta collectvalid andlicense remitnumber allissued taxesby duethe underdivision. ss.
(3) 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 must collect and remit all taxes due under ss.
For the purposes of this subsection, the division may regard as a separate offense each dayPage or19 portion of a29 dayCODING: in which an advertising platform is operated in violation of this section or rules of the division.
The division shall issue a written warning or notice and provide the advertising platform 15 days to cure a violation before commencing any legal proceeding under subsection (4).
(6) Advertising platforms shall adopt an antidiscrimination Page 19 of 29 CODING:
Florida Senate - 2022 CS for SB 512 20-00473A-22578-02643-22 2022512__2022512c1 policyday toor helpportion prevent discrimination among their users and shall inform all users of theira servicesday thatin itwhich is illegal to refuse accommodation to an individualadvertising basedplatform onis race,operated creed,in color,violation sex,of pregnancy,this physicalsection disability, or nationalrules originof pursuantthe todivision. s.
The division shall issue a written warning or notice and provide the advertising platform 15 days to cure a violation before commencing any legal proceeding under subsection (4).
(6) Advertising platforms shall adopt an antidiscrimination policy to help prevent discrimination among their users and shall 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.
(a) The operation of the subject premises violates the terms of an applicable lease or property restriction, including any property restriction adopted pursuant to chapter 718, chapterPage 719,20 or chapter 720, as determined by a final order of a29 courtCODING: of competent jurisdiction or a written decision by an arbitrator authorized to arbitrate a dispute relating to the subject property and a lease or property restriction;
(b) The owner or operator fails to provide proof of registration, if required by local law, ordinance, or Page 20 of 29 CODING:
Florida Senate - 2022 CS for SB 512 20-00473A-22578-02643-22 2022512__2022512c1 regulation;chapter 719, or chapter 720, as determined by a final order of a court of competent jurisdiction or a written decision by an arbitrator authorized to arbitrate a dispute relating to the subject property and a lease or property restriction;
(b) The owner or operator fails to provide proof of registration, if required by local law, ordinance, or regulation;
(11) The division may suspend, for a period of not more than 30 days, a vacation rental license when the owner or operator has been citedfound forby twothe or more code violationsenforcement relatedboard, pursuant to thes. vacation rental during a period of 90 days.
162.06, to have two or more code violations related to the vacation rental during a period of 90 days.
(n) “Temporary residence” means a place where 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 addressPage or,21 for a person whose permanent residence is not in this state, a place where the person is employed, practices a vocation, or is enrolled as a student for any period of time29 inCODING: this state.
Words stricken are deletions;
words underlined are additions.
Florida Senate - 2022 CS for SB 512 578-02643-22 2022512c1 address or, for a person whose permanent residence is not in this state, a place where the person is employed, practices a vocation, or is enrolled as a student for any period of time in this state.
Page159.27 21Definitions.—The offollowing 29words CODING:and terms, unless the context clearly indicates a different meaning, shall have the following meanings:
Words stricken are deletions;
words underlined are additions.
Florida Senate - 2022 SB 512 20-00473A-22 2022512__ 159.27 Definitions.—The following words and terms, unless the context clearly indicates a different meaning, shall have the following meanings:
(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 byPage the22 entity.of 29 CODING:
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 Page 22 of 29 CODING:
Florida Senate - 2022 CS for SB 512 20-00473A-22578-02643-22 2022512__2022512c1 subsectionby 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 rulesentity. is liable for and shall pay the tax.
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.
316.1955 Enforcement of parking requirements for persons who have disabilities.— (4)Page (b)23 Notwithstandingof paragraph29 (a),CODING: 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:
Florida Senate - 2022 CS for SB 512 20-00473A-22578-02643-22 2022512__2022512c1 (4) (b) Notwithstanding paragraph (a), a theme park isor openan toentertainment thecomplex publicas fordefined thatin day.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 park is open to the public for that day.
Additional information regarding radon and radon testing may be obtained from your county health department.” ThePage requirements24 of this29 subsectionCODING: do not apply to any residential transient occupancy, as described in s.
Words stricken are deletions;
words underlined are additions.
Florida Senate - 2022 CS for SB 512 578-02643-22 2022512c1 The requirements of this subsection do not apply to any residential transient occupancy, as described in s.
477.0135 Exemptions.— Page(6) 24A license is not required of 29any CODING: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.
Words stricken are deletions;
words underlined are additions.
Florida Senate - 2022 SB 512 20-00473A-22 2022512__ (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.
(b) If there are multiple entrances or multiple retail stores,Page the25 parkingof spaces29 mustCODING: 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 Page 25 of 29 CODING:
Florida Senate - 2022 CS for SB 512 20-00473A-22578-02643-22 2022512__2022512c1 accessiblestores, route to an accessible entrance to the themeparking parkspaces ormust entertainmentbe complexdispersed or to transportationprovide toparking suchat anthe 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.
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 withPage s.26 of 29 CODING:
Words stricken are deletions;
words underlined are additions.
Florida Senate - 2022 CS for SB 512 578-02643-22 2022512c1 with s.
Page509.013(9), 26or operated as a zoo, a museum, or an aquarium, or on the premises of 29a CODING: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.
Words stricken are deletions;
words underlined are additions.
Florida Senate - 2022 SB 512 20-00473A-22 2022512__ 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.
815.03(9), access to which is not secured by a password or other personal identification technology,Page shall27 makeof a29 reasonableCODING: effort to delete all personal data from the electronic device before its sale or disposal.
Section 18.
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 Page 27 of 29 CODING:
Florida Senate - 2022 CS for SB 512 20-00473A-22578-02643-22 2022512__2022512c1 parktechnology, orshall entertainmentmake complexa asreasonable definedeffort into s.delete all personal data from the electronic device before its sale or disposal.
Section 18.
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.
(2)Page Notwithstanding28 any other law, emergency rules adopted pursuant to subsection (1) are effective for 6 months after adoption and may be renewed during the pendency of procedures29 toCODING: adopt permanent rules addressing the subject of the emergency rules.
(3) This section expires January 1, 2025.
Section 22.
Except as otherwise expressly provided in this Page 28 of 29 CODING:
Florida Senate - 2022 CS for SB 512 20-00473A-22578-02643-22 2022512__2022512c1 act,(2) thisNotwithstanding actany shallother takelaw, effectemergency uponrules becomingadopted apursuant law.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, 2025.
Section 22.
Except as otherwise expressly provided in this act, this act shall take effect upon becoming a law.
Show all 126 changed rows (86 more)
View plain text versions (2)
- S 512 c1 View text Current pdf
- Introduced S 512 Filed pdf
Action History
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Died in Appropriations
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Indefinitely postponed and withdrawn from consideration
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CS by Community Affairs read 1st time
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Now in Appropriations
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Remaining references corrected to Appropriations
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Original reference(s) removed: Rules
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Pending reference review under Rule 4.7(2) - (Committee Substitute)
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CS by Community Affairs; YEAS 6 NAYS 3
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On Committee agenda-- Community Affairs, 02/02/22, 8:30 am, 37 Senate Building
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Now in Community Affairs
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Favorable by Regulated Industries; YEAS 8 NAYS 0
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Introduced
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On Committee agenda-- Regulated Industries, 01/11/22, 4:00 pm, 412 Knott Building
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Referred to Regulated Industries; Community Affairs; Rules
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Filed
Sponsors
- Community Affairs · Primary
- Danny Burgess · Primary
Sponsorship breakdown
Export CSV (upgrade) →2 sponsors · 0 co-sponsors · 162 not signed on · 1 voted No
Sponsors (2)
- Community Affairs
- Burgess, Danny Republican
Co-sponsors (0)
None.
Not signed on (162)
162 members have not signed on to this bill.
Show all 162 →"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.
Votes
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 2 | 2 | 0 | 0 |
| Republican | 4 | 0 | 0 | 0 |
| Democrat | 0 | 1 | 0 | 0 |
| Total | 6 | 3 | 0 | 0 |
| % of votes cast | 67% | 33% | 0% | 0% |
How each member voted (9)
| Member | Party | Vote |
|---|---|---|
| Baxley | — | Yea |
| Hutson | — | Yea |
| Cruz | — | Nay |
| Farmer | — | Nay |
| Polsky, Tina Scott | Democrat | Nay |
| Bradley, Jennifer | Republican | Yea |
| Brodeur, Jason | Republican | Yea |
| Garcia, Ileana | Republican | Yea |
| Hooper, Ed | Republican | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Republican | 3 | 0 | 0 | 1 |
| Unaffiliated | 4 | 0 | 0 | 0 |
| Democrat | 1 | 0 | 0 | 0 |
| Total | 8 | 0 | 0 | 1 |
| % of votes cast | 89% | 0% | 0% | 11% |
How each member voted (9)
| Member | Party | Vote |
|---|---|---|
| Rodrigues | — | Yea |
| Stewart | — | Yea |
| Book | — | Yea |
| Hutson | — | Yea |
| Rouson, Darryl Ervin | Democrat | Yea |
| Albritton, Ben | Republican | Not Voting |
| Gruters, Joe | Republican | Yea |
| Hooper, Ed | Republican | Yea |
| Passidomo, Kathleen | Republican | Yea |
Subjects
Frequently asked questions
- What does SB 512 do?
- Vacation Rentals; Requiring advertising platforms to collect and remit taxes for certain transactions; revising the regulated activities of public lodging establishments and public food service establishments preempted to the state to include licensing; expanding the authority of local laws, ordinances, or regulations to include requiring vacation rentals to register with local vacation rental registration programs; authorizing local governments to adopt vacation rental registration programs and impose fines for failure to register; requiring advertising platforms to require that persons placing advertisements for vacation rentals include certain information in the advertisements and attest to certain information, etc.
- Who sponsors SB 512?
- SB 512 is sponsored by Community Affairs and Burgess, Danny (Republican).
- What is the current status of SB 512?
- This bill died with 2022 Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
- Where can I track SB 512?
- Track SB 512 free on One Click Politics — get push/email alerts when it moves.
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