Florida 2024 Regular Session Status: To Executive 2 R cosponsors

SB 280 — Vacation Rentals

Last action — Veto Message referred to Rules

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Senate
  4. ✓
    Passed House
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2024 Regular Session. It reached “To Executive” 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.

Signed by Governor Ron DeSantis (Republican) on June 17, 2024.

This bill is no longer active — its legislative session has ended, so there are no live odds of enactment. It would have to be reintroduced in the current session to move again.

Summary

Vacation Rentals; Requiring advertising platforms or operators listing a vacation rental with an advertising platform to collect and remit specified taxes for certain vacation rental transactions; defining the term “advertising platform”; adding licensing to the regulated activities of public lodging establishments and public food service establishments which are preempted to the state; requiring advertising platforms to require that persons placing advertisements or listings for vacation rentals include certain information in the advertisements or listings and attest to certain information; authorizing the division to revoke, refuse to issue or renew, or suspend vacation rental licenses under certain circumstances, etc. APPROPRIATION: $4,321,901

Bill Text

What changed in the latest version

1161 added · 1186 removed

1161 line(s) added, 1186 removed.

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CS for SB 280 First Engrossed 2024280e1 A bill to be entitled An act relating to vacation rentals;
Florida Senate - 2024 CS for SB 280 By the Committee on Fiscal Policy;
and Senator DiCeglie 594-02244-24 2024280c1 A bill to be entitled An act relating to vacation rentals;
requiring a local government to prepare a business impact estimate under certain circumstances;
authorizing local governments to charge a reasonable fee to inspect a vacation rental for a specified Page 1 of 38 CODING:
authorizing local governments to charge a reasonable fee to inspect a vacation rental for a specified purpose;
specifying requirements and procedures for, and limitations on, local vacation rental registration Page 1 of 37 CODING:
CS for SB 280 First Engrossed 2024280e1 purpose;
Florida Senate - 2024 CS for SB 280 594-02244-24 2024280c1 programs;
specifying requirements and procedures for, and limitations on, local vacation rental registration programs;
requiring, by a certain date, local governments to use the vacation rental information system to provide such notice to the division;
requiring, by a certain date, that local governments use the vacation rental information system to provide such notice to the division;
requiring local governments to provide notice of revocation of or refusal to renew a vacation rental registration to vacation rental operators and Page 2 of 38 CODING:
requiring local governments to provide notice of revocation of or refusal to renew a vacation rental registration to vacation rental operators and the division within a specified timeframe;
requiring, by a certain date, local governments to use the Page 2 of 37 CODING:
CS for SB 280 First Engrossed 2024280e1 the division within a specified timeframe;
Florida Senate - 2024 CS for SB 280 594-02244-24 2024280c1 vacation rental information system to provide such notice to the division;
requiring, by a certain date, local governments to use the vacation rental information system to provide such notice to the division;
requiring vacation rental operators managing a license classified as a vacation rental to submit local vacation rental registration numbers, if applicable, within a specified timeframe to the division through the division’s online system;
requiring, as of a specified date, advertising platforms to verify certain information before publishing an advertisement or listing on their platforms, prohibit Page 3 of 38 CODING:
requiring, as of a Page 3 of 37 CODING:
CS for SB 280 First Engrossed 2024280e1 and remove from public view an advertisement or a listing under certain circumstances, and make certain notifications and provide certain information to the division;
Florida Senate - 2024 CS for SB 280 594-02244-24 2024280c1 specified date, advertising platforms to verify certain information before publishing an advertisement or listing on their platforms, prohibit and remove from public view an advertisement or a listing under certain circumstances, and make certain notifications to the division;
requiring the division, upon request, to share certain reports and records with the Department of Revenue, local tax authorities, and local governments;
providing that such records may be used for auditing and enforcement purposes;
defining the term “application program Page 4 of 38 CODING:
defining the term “application program interface”;
requiring the division, by a specified date, to create and maintain a certain vacation rental information Page 4 of 37 CODING:
CS for SB 280 First Engrossed 2024280e1 interface”;
Florida Senate - 2024 CS for SB 280 594-02244-24 2024280c1 system;
requiring the division, by a specified date, to create and maintain a certain vacation rental information system;
requiring the division to input such status in the vacation rental information system;
requiring the department to input such status in the vacation rental information system;
rate, procedure, enforcement, Page 5 of 38 CODING:
rate, procedure, enforcement, exemptions.— (2)(a) The tax provided for in this section is herein shall be in addition to the total amount of the rental, must shall be Page 5 of 37 CODING:
CS for SB 280 First Engrossed 2024280e1 exemptions.— (2)(a) The tax provided for in this section is herein shall be in addition to the total amount of the rental, must shall be charged by the lessor or person receiving the rent in and by said rental arrangement to the lessee or person paying the rental, and is 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 such said rental or payment.
Florida Senate - 2024 CS for SB 280 594-02244-24 2024280c1 charged by the lessor or person receiving the rent in and by said rental arrangement to the lessee or person paying the rental, and is 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 such said rental or payment.
1504 of the Internal Revenue Code of Page 6 of 38 CODING:
1504 of the Internal Revenue Code of 1986, as amended, to a person who owns, operates, or manages the vacation rental shall collect and remit all taxes due under this section and ss.
125.0104, 125.0108, 205.044, 212.0305, and Page 6 of 37 CODING:
CS for SB 280 First Engrossed 2024280e1 1986, as amended, to a person who owns, operates, or manages the vacation rental shall collect and remit all taxes due under this section and ss.
Florida Senate - 2024 CS for SB 280 594-02244-24 2024280c1 212.055 which are related to the rental.
125.0104, 125.0108, 205.044, 212.0305, and 212.055 which are related to the rental.
and Page 7 of 38 CODING:
and (c) Provides a reservation or payment system that facilitates a transaction for the renting of a vacation rental for transient occupancy and for which the person collects or Page 7 of 37 CODING:
CS for SB 280 First Engrossed 2024280e1 (c) Provides a reservation or payment system that facilitates a transaction for the renting of a vacation rental for transient occupancy and for which the person collects or receives, directly or indirectly, a fee in connection with the reservation or payment service provided for the rental transaction.
Florida Senate - 2024 CS for SB 280 594-02244-24 2024280c1 receives, directly or indirectly, a fee in connection with the reservation or payment service provided for the rental transaction.
“Nontransient public lodging establishment” means any Page 8 of 38 CODING:
“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 8 of 37 CODING:
CS for SB 280 First Engrossed 2024280e1 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 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.
Florida Senate - 2024 CS for SB 280 594-02244-24 2024280c1 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.
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 less, and that is not advertised or held out to the public as a Page 9 of 38 CODING:
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 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.
Page 9 of 37 CODING:
CS for SB 280 First Engrossed 2024280e1 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.
Florida Senate - 2024 CS for SB 280 594-02244-24 2024280c1 5.
5.
Page 10 of 38 CODING:
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 Page 10 of 37 CODING:
CS for SB 280 First Engrossed 2024280e1 or prepared before prior to being delivered to another location for consumption.
Florida Senate - 2024 CS for SB 280 594-02244-24 2024280c1 sells food to the general public, regardless of whether it is inspected by another state agency for compliance with sanitation standards.
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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.
Page 11 of 38 CODING:
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.
Page 11 of 37 CODING:
CS for SB 280 First Engrossed 2024280e1 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.
Florida Senate - 2024 CS for SB 280 594-02244-24 2024280c1 4.
4.
(2)(6) “Director” means the Director of the Division of Page 12 of 38 CODING:
(2)(6) “Director” means the Director of the Division of Hotels and Restaurants of the Department of Business and Professional Regulation.
(11)(7) “Single complex of buildings” means all buildings Page 12 of 37 CODING:
CS for SB 280 First Engrossed 2024280e1 Hotels and Restaurants of the Department of Business and Professional Regulation.
Florida Senate - 2024 CS for SB 280 594-02244-24 2024280c1 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.
(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.
Page 13 of 38 CODING:
(15)(13) “Transient” means a guest in transient occupancy.
(6)(14) “Nontransient establishment” means any public lodging establishment that is rented or leased to guests by an Page 13 of 37 CODING:
CS for SB 280 First Engrossed 2024280e1 (15)(13) “Transient” means a guest in transient occupancy.
Florida Senate - 2024 CS for SB 280 594-02244-24 2024280c1 operator whose intention is that the dwelling unit occupied will be the sole residence of the guest.
(6)(14) “Nontransient establishment” means any public lodging establishment that is rented or leased to guests by an operator whose intention is that the dwelling unit occupied will be the sole residence of the guest.
Page 14 of 38 CODING:
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 Page 14 of 37 CODING:
CS for SB 280 First Engrossed 2024280e1 Notification may be completed orally, by telephone, in person, or in writing.
Florida Senate - 2024 CS for SB 280 594-02244-24 2024280c1 circumvent the license requirements of this chapter.
A public food service establishment or food service vendor may not use this notification process to circumvent the license requirements of this chapter.
(7) PREEMPTION AUTHORITY.— (a) The regulation of public lodging establishments 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 Page 15 of 38 CODING:
(7) PREEMPTION AUTHORITY.— (a) The regulation of public lodging establishments 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 preempted to the state.
This paragraph does not preempt the authority of a local government or local enforcement district to Page 15 of 37 CODING:
CS for SB 280 First Engrossed 2024280e1 content and marketing of foods offered in such establishments, is preempted to the state.
Florida Senate - 2024 CS for SB 280 594-02244-24 2024280c1 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.
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.
FINES.—Notwithstanding paragraph (7)(a), a local law, ordinance, or regulation may require the registration of Page 16 of 38 CODING:
FINES.—Notwithstanding paragraph (7)(a), a local law, ordinance, or regulation may require the registration of vacation rentals with a local vacation rental registration program.
Local governments may implement a vacation rental registration program pursuant to this subsection and may impose Page 16 of 37 CODING:
CS for SB 280 First Engrossed 2024280e1 vacation rentals with a local vacation rental registration program.
Florida Senate - 2024 CS for SB 280 594-02244-24 2024280c1 a fine for failure to register under the local program.
Local governments may implement a vacation rental registration program pursuant to this subsection and may impose a fine for failure to register under the local program.
A local government must prepare a business impact estimate in accordance with s.
125.66(3) or s.
166.041(4), as applicable, before implementing a vacation rental registration program.
Obtain all required tax registrations, receipts, or Page 17 of 38 CODING:
Obtain all required tax registrations, receipts, or certificates issued by the Department of Revenue, a county, or a municipality.
Words stricken are deletions;
words underlined are additions.
CS for SB 280 First Engrossed 2024280e1 certificates issued by the Department of Revenue, a county, or a municipality.
Designate and maintain at all times a responsible party who is capable of responding to complaints or emergencies related to the vacation rental, including being available by telephone at a provided contact telephone number 24 hours a day, 7 days a week, and receiving legal notice of violations on behalf of the vacation rental operator.
Designate and maintain at all times a responsible party who is capable of responding to complaints or emergencies Page 17 of 37 CODING:
Words stricken are deletions;
words underlined are additions.
Florida Senate - 2024 CS for SB 280 594-02244-24 2024280c1 related to the vacation rental, including being available by telephone at a provided contact telephone number 24 hours a day, 7 days a week, and receiving legal notice of violations on behalf of the vacation rental operator.
State and comply with the maximum overnight occupancy of the vacation rental which does not exceed either two persons per bedroom, plus an additional two persons in one common area;
State the maximum occupancy of the vacation rental in compliance with the Florida Fire Prevention Code, described in s.
or more than two persons per bedroom if there is at least 50 square feet per person, plus an additional two persons in one common area, whichever is greater.
633.206.
If a local government fails to accept or deny the registration within the timeframes provided in this paragraph, Page 18 of 38 CODING:
If a local government fails to accept or deny the registration within the timeframes provided in this paragraph, the application is deemed accepted.
Words stricken are deletions;
words underlined are additions.
CS for SB 280 First Engrossed 2024280e1 the application is deemed accepted.
A local government may not prohibit an applicant from reapplying if the applicant cures the identified deficiencies.
A local government may not prohibit an applicant Page 18 of 37 CODING:
Words stricken are deletions;
words underlined are additions.
Florida Senate - 2024 CS for SB 280 594-02244-24 2024280c1 from reapplying if the applicant cures the identified deficiencies.
A local government shall, within 5 days after acceptance of a vacation rental registration, provide the registration number to the division.
The vacation rental operator must provide the vacation rental registration number to the division within 5 days after receipt of the registration number.
Before issuing a fine, the local government shall issue written notice of such violation and provide a vacation rental Page 19 of 38 CODING:
Before issuing a fine, the local government shall issue written notice of such violation and provide a vacation rental operator 15 days to cure the violation.
Words stricken are deletions;
words underlined are additions.
CS for SB 280 First Engrossed 2024280e1 operator 15 days to cure the violation.
Upon petition to the circuit court, such order is enforceable in the same manner as a court judgment by the sheriffs of this state, including execution and levy against the personal property of the violator, but such order may not be deemed to be a court judgment except for enforcement purposes.
Upon petition to the circuit court, such order is enforceable in the same manner as a court judgment by the sheriffs of this state, Page 19 of 37 CODING:
Words stricken are deletions;
words underlined are additions.
Florida Senate - 2024 CS for SB 280 594-02244-24 2024280c1 including execution and levy against the personal property of the violator, but such order may not be deemed to be a court judgment except for enforcement purposes.
If a code violation related to the vacation rental is Page 20 of 38 CODING:
If a code violation related to the vacation rental is found by the code enforcement board or special magistrate to be a material violation of a local law, ordinance, or regulation that does not solely apply to vacation rentals, and the violation is directly related to the vacation rental premises, the local government must issue a written notice of such violation.
2.
If a code violation related to the vacation rental is found to be a material violation of a local law, ordinance, or regulation as described in subparagraph 1., the code enforcement Page 20 of 37 CODING:
CS for SB 280 First Engrossed 2024280e1 found by the code enforcement board or special magistrate to be a material violation of a local law, ordinance, or regulation that does not solely apply to vacation rentals, and the violation is directly related to the vacation rental premises, the local government must issue a written notice of such violation.
Florida Senate - 2024 CS for SB 280 594-02244-24 2024280c1 board or special magistrate must make a recommendation to the local government as to whether a vacation rental registration should be suspended.
2.
If a code violation related to the vacation rental is found to be a material violation of a local law, ordinance, or regulation as described in subparagraph 1., the code enforcement board or special magistrate must make a recommendation to the local government as to whether a vacation rental registration should be suspended.
Up to 90 days for one or more violations after two prior Page 21 of 38 CODING:
Up to 90 days for one or more violations after two prior suspensions of a vacation rental registration.
Words stricken are deletions;
words underlined are additions.
CS for SB 280 First Engrossed 2024280e1 suspensions of a vacation rental registration.
A local government shall provide notice of the suspension of a vacation rental registration to the vacation rental operator and the division within 5 days after the suspension.
A local government must provide notice of the suspension of a vacation rental registration to the vacation rental operator and the division within 5 days after the suspension.
The notice must include the start date of the suspension, which must be at least 21 days after the suspension notice is sent to the vacation rental operator and the division.
The notice must include the start date of the suspension, which Page 21 of 37 CODING:
Effective January 1, 2026, a local government shall use the vacation rental information system described in s.
Words stricken are deletions;
words underlined are additions.
Florida Senate - 2024 CS for SB 280 594-02244-24 2024280c1 must be at least 21 days after the suspension notice is sent to the vacation rental operator and the division.
Effective January 1, 2026, a local government must use the vacation rental information system described in s.
However, the local government shall allow the vacation rental operator at least 60 days before the revocation of a registration to satisfy the recorded municipal lien or county lien;
However, the local government must allow the vacation rental operator at least 60 days before the revocation of a registration to satisfy the recorded municipal lien or county lien;
Page 22 of 38 CODING:
2.
A local government must provide notice within 5 days after the revocation of, or refusal to renew, a vacation rental registration to the vacation rental operator and the division.
The notice must include the date of revocation or nonrenewal, which must be at least 21 days after the date such notice is sent to the vacation rental operator and the division.
Effective January 1, 2026, a local government must use the vacation rental information system described in s.
509.244 to provide notice of the revocation of or refusal to renew a vacation rental Page 22 of 37 CODING:
CS for SB 280 First Engrossed 2024280e1 2.
Florida Senate - 2024 CS for SB 280 594-02244-24 2024280c1 registration to the division.
A local government shall provide notice within 5 days after the revocation of, or refusal to renew, a vacation rental registration to the vacation rental operator and the division.
The notice must include the date of revocation or nonrenewal, which must be at least 21 days after the date such notice is sent to the vacation rental operator and the division.
Effective January 1, 2026, a local government shall use the vacation rental information system described in s.
509.244 to provide notice of the revocation of or refusal to renew a vacation rental registration to the division.
Effective January 1, 2025, subsections (2) and (3) of section 509.241, Florida Statutes, are amended, and subsection (5) is added to that section, to read:
Effective January 1, 2025, present paragraph (c) of subsection (4) of section 509.241, Florida Statutes, is redesignated as paragraph (d), a new paragraph (c) is added to that subsection, subsection (5) is added to that section, and subsections (2) and (3) of that section are amended, to read:
division online accounts and transactions.— (2) APPLICATION FOR LICENSE.—Each person who plans to open Page 23 of 38 CODING:
division online accounts and transactions.— (2) APPLICATION FOR LICENSE.—Each person who plans to open a public lodging establishment or a public food service establishment shall apply for and receive a license from the division before prior to the commencement of operation.
Words stricken are deletions;
words underlined are additions.
CS for SB 280 First Engrossed 2024280e1 a public lodging establishment or a public food service establishment shall apply for and receive a license from the division before prior to the commencement of operation.
Upon receiving an application for a vacation rental license, the division may grant a temporary license that authorizes the vacation rental to begin operation while the application is pending.
Upon Page 23 of 37 CODING:
Words stricken are deletions;
words underlined are additions.
Florida Senate - 2024 CS for SB 280 594-02244-24 2024280c1 receiving an application for a vacation rental license, the division may grant a temporary license that authorizes the vacation rental to begin operation while the application is pending.
(4) ONLINE ACCOUNT AND TRANSACTIONS.—Each person who plans to open a public lodging establishment or a public food service establishment and each licensee or licensed agent must create and maintain a division online account and provide an e-mail address to the division to function as the primary contact for all communication from the division.
(c) Each vacation rental operator managing a license classified as a vacation rental as defined in s.
509.242(1)(c) must submit to the division, through the division’s online system, any applicable local vacation rental registration number within 5 days after registration.
509.243 Advertising platforms.— (1) An advertising platform shall require that a person who places an advertisement or a listing of a vacation rental which offers it for rent do all of the following:
Page 24 of 37 CODING:
Page 24 of 38 CODING:
CS for SB 280 First Engrossed 2024280e1 (a) Include in the advertisement or listing the vacation rental license number with the associated unique identifier and, if applicable, the local registration number.
Florida Senate - 2024 CS for SB 280 594-02244-24 2024280c1 509.243 Advertising platforms.— (1) An advertising platform shall require that a person who places an advertisement or a listing of a vacation rental which offers it for rent do all of the following:
(a) Include in the advertisement or listing the vacation rental license number with the associated unique identifier and, if applicable, the local registration number.
(c) Shall remove from public view an advertisement or a listing from its online application, software, website, or system within 15 business days after notification that a vacation rental license, or if applicable, a local registration:
(c) Shall remove from public view an advertisement or a listing from its online application, software, website, or Page 25 of 37 CODING:
Words stricken are deletions;
words underlined are additions.
Florida Senate - 2024 CS for SB 280 594-02244-24 2024280c1 system within 15 business days after notification that a vacation rental license, or if applicable, a local registration:
Fails to display a valid vacation rental license number Page 25 of 38 CODING:
Fails to display a valid vacation rental license number with the associated unique identifier or, if applicable, a local registration number.
Words stricken are deletions;
words underlined are additions.
CS for SB 280 First Engrossed 2024280e1 with the associated unique identifier or, if applicable, a local registration number.
(e) Shall provide to the division on a quarterly basis, in a manner compatible with the vacation rental information system described in s.
509.244, a list of all vacation rentals located in this state which are advertised on its platform.
The list must include the following information:
1.
The uniform resource locator for the Internet address of the vacation rental advertisement;
2.
The physical address of the vacation rental, including any unit designation;
3.
The vacation rental license number with the associated unique identifier, and, if applicable, the local registration number;
4.
The applicable Florida tax registration number or local tourist development tax account number under which taxes related to the rental will be remitted as provided in s.
212.03(2);
5.
The name of the vacation rental owner or operator;
6.
Listed by the calendar date, the individual periods that the vacation rental is rented;
and 7.
The itemized amounts collected or processed by the advertising platform for the rental, taxes, and all other charges.
Page 26 of 38 CODING:
Words stricken are deletions;
words underlined are additions.
CS for SB 280 First Engrossed 2024280e1 Upon request, the division shall share any report and underlying records provided by an advertising platform pursuant to this paragraph with the Department of Revenue, local taxing authorities, and local governments.
These records may be used for auditing and enforcement purposes.
120.69, it is entitled to collect attorney fees and costs, together with any cost of collection.
120.69, it is Page 26 of 37 CODING:
(6) The division may fine an advertising platform an amount not to exceed $1,000 per offense for each violation of this section or of division rule.
For the purposes of this subsection, the division may regard as a separate offense each Page 27 of 38 CODING:
CS for SB 280 First Engrossed 2024280e1 day or portion of a day in which an advertising platform is operated in violation of this section or rules of the division.
Florida Senate - 2024 CS for SB 280 594-02244-24 2024280c1 entitled to collect attorney fees and costs, together with any cost of collection.
(6) The division may fine an advertising platform an amount not to exceed $1,000 per offense for each violation of this section or of division rule.
For the purposes of this subsection, the division may regard as a separate offense each day or portion of a day in which an advertising platform is operated in violation of this section or rules of the division.
(2) By July 1, 2025, the division shall create and maintain a vacation rental information system readily accessible through an application program interface.
Page 27 of 37 CODING:
At a minimum, the system must do all of the following:
(a) Facilitate prompt compliance with this chapter by a licensee or an advertising platform.
Page 28 of 38 CODING:
CS for SB 280 First Engrossed 2024280e1 (b) Allow advertising platforms to search by vacation rental license number with the associated unique identifier, applicable local registration number, and a listing status field that indicates whether the premises is compliant with applicable license and registration requirements to allow a platform to determine whether it may advertise the vacation rental.
Florida Senate - 2024 CS for SB 280 594-02244-24 2024280c1 (2) By July 1, 2025, the division shall create and maintain a vacation rental information system readily accessible through an application program interface.
At a minimum, the system must do all of the following:
(a) Facilitate prompt compliance with this chapter by a licensee or an advertising platform.
(b) Allow advertising platforms to search by vacation rental license number with the associated unique identifier, applicable local registration number, and a listing status field that indicates whether the premises is compliant with applicable license and registration requirements to allow a platform to determine whether it may advertise the vacation rental.
procedure.— (11)(a) The division may revoke, refuse to issue or renew, or suspend for a period of not more than 30 days or the period of suspension as provided in s.
procedure.— Page 28 of 37 CODING:
509.032(8) a license of a vacation rental for any of the following reasons:
1.
Operation of the subject premises violates the terms of an applicable lease or property restriction, including any Page 29 of 38 CODING:
CS for SB 280 First Engrossed 2024280e1 property restriction adopted pursuant to chapter 718, 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 premises and a lease or property restriction.
Florida Senate - 2024 CS for SB 280 594-02244-24 2024280c1 (11)(a) The division may revoke, refuse to issue or renew, or suspend for a period of not more than 30 days or the period of suspension as provided in s.
509.032(8) a license of a vacation rental for any of the following reasons:
1.
Operation of the subject premises violates the terms of an applicable lease or property restriction, including any property restriction adopted pursuant to chapter 718, 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 premises and a lease or property restriction.
(12) “Public lodging or restaurant facility” means property used for any public lodging establishment as defined in s.
Page 29 of 37 CODING:
Words stricken are deletions;
words underlined are additions.
Florida Senate - 2024 CS for SB 280 594-02244-24 2024280c1 (12) “Public lodging or restaurant facility” means property used for any public lodging establishment as defined in s.
Paragraph (jj) of subsection (7) of section Page 30 of 38 CODING:
Paragraph (jj) of subsection (7) of section 212.08, Florida Statutes, is amended to read:
Words stricken are deletions;
words underlined are additions.
CS for SB 280 First Engrossed 2024280e1 212.08, Florida Statutes, is amended to read:
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.
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 Page 30 of 37 CODING:
The department may adopt rules to administer 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 public lodging establishments living Page 31 of 38 CODING:
CS for SB 280 First Engrossed 2024280e1 accommodations as described in s.
Florida Senate - 2024 CS for SB 280 594-02244-24 2024280c1 shall pay the tax.
The department may adopt rules to administer 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 public lodging establishments living accommodations as described in s.
Subsection (5) of section 404.056, Florida Statutes, is amended to read:
Subsection (5) of section 404.056, Florida Page 31 of 37 CODING:
Words stricken are deletions;
words underlined are additions.
Florida Senate - 2024 CS for SB 280 594-02244-24 2024280c1 Statutes, is amended to read:
rules.— (5) NOTIFICATION ON REAL ESTATE DOCUMENTS.—Notification Page 32 of 38 CODING:
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 before prior to, contract for sale and purchase of any building or execution of a rental agreement for any building.
Words stricken are deletions;
words underlined are additions.
CS for SB 280 First Engrossed 2024280e1 shall be provided on at least one document, form, or application executed at the time of, or before prior to, contract for sale and purchase of any building or execution of a rental agreement for any building.
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.
477.0135 Exemptions.— (6) A license is not required of any individual providing makeup or special effects services in a theme park or Page 32 of 37 CODING:
Words stricken are deletions;
words underlined are additions.
Florida Senate - 2024 CS for SB 280 594-02244-24 2024280c1 entertainment complex to an actor, stunt person, musician, extra, or other talent, or providing makeup or special effects services to the general public.
Paragraph (b) of subsection (2) of section Page 33 of 38 CODING:
Paragraph (b) of subsection (2) of section 509.221, Florida Statutes, is amended to read:
Words stricken are deletions;
words underlined are additions.
CS for SB 280 First Engrossed 2024280e1 509.221, Florida Statutes, is amended to read:
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) 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 Page 33 of 37 CODING:
Words stricken are deletions;
words underlined are additions.
Florida Senate - 2024 CS for SB 280 594-02244-24 2024280c1 entrance.
Page 34 of 38 CODING:
(b) Local laws, ordinances, or regulations related to transient public lodging establishments, as defined in s.
Words stricken are deletions;
words underlined are additions.
CS for SB 280 First Engrossed 2024280e1 (b) Local laws, ordinances, or regulations related to transient public lodging establishments, as defined in s.
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.
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 Page 34 of 37 CODING:
Words stricken are deletions;
words underlined are additions.
Florida Senate - 2024 CS for SB 280 594-02244-24 2024280c1 park or entertainment complex, as defined in s.
Page 35 of 38 CODING:
Section 18.
Words stricken are deletions;
words underlined are additions.
CS for SB 280 First Engrossed 2024280e1 Section 18.
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.
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 Page 35 of 37 CODING:
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 36 of 38 CODING:
CS for SB 280 First Engrossed 2024280e1 personal data from the electronic device before its sale or disposal.
Florida Senate - 2024 CS for SB 280 594-02244-24 2024280c1 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 personal data from the electronic device before its sale or disposal.
Section 22.
Page 36 of 37 CODING:
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words underlined are additions.
Florida Senate - 2024 CS for SB 280 594-02244-24 2024280c1 Section 22.
Page 37 of 38 CODING:
(2) Notwithstanding 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 procedures to adopt permanent rules addressing the subject of the emergency rules.
Words stricken are deletions;
words underlined are additions.
CS for SB 280 First Engrossed 2024280e1 (2) Notwithstanding 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 procedures to adopt permanent rules addressing the subject of the emergency rules.
For the 2024-2025 fiscal year, the sums of $327,170 in recurring funds and $53,645 in nonrecurring funds from the Hotel and Restaurant Trust Fund, $645,202 in recurring funds from the Administrative Trust Fund, and $3,295,884 in nonrecurring funds from the General Revenue Fund are appropriated to the Department of Business and Professional Regulation, and nine full-time equivalent positions with a total associated salary rate of 513,417 are authorized, for the purposes of implementing this act.
For the 2024-2025 fiscal year, the sums of $327,170 in recurring funds and $53,645 in nonrecurring funds from the Hotel and Restaurant Trust Fund and $645,202 in recurring funds and $3,295,884 in nonrecurring funds from the Administrative Trust Fund are appropriated to the Department of Business and Professional Regulation, and nine full-time equivalent positions with a total associated salary rate of 513,417 are authorized, for the purposes of implementing this act.
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Action History

  1. Veto Message referred to Rules

  2. Veto Message received

  3. Vetoed by Governor

  4. Signed by Officers and presented to Governor

  5. Ordered engrossed, then enrolled

  6. CS passed as amended; YEAS 23 NAYS 16

  7. Concurred in 1 amendment(s) (814927)

  8. Amendment(s) to House amendment(s) failed (177554)

  9. In returning messages

  10. CS passed as amended; YEAS 60, NAYS 51

  11. Read 3rd time

  12. Added to Third Reading Calendar

  13. Placed on 3rd reading

  14. Amendment 814927 adopted

  15. Amendment 724129 Failed

  16. Read 2nd time

  17. 1st Reading (Engrossed 1)

  18. Bill added to Special Order Calendar (3/5/2024)

  19. Bill referred to House Calendar

  20. In Messages

  21. Immediately certified

  22. CS passed as amended; YEAS 27 NAYS 13

  23. Read 3rd time

  24. Amendment(s) adopted (408426, 537920)

  25. Read 2nd time

  26. Retained on Special Order Calendar

  27. CS by Fiscal Policy read 1st time

  28. Placed on Special Order Calendar, 01/25/24

  29. Placed on Calendar, on 2nd reading

  30. Pending reference review -under Rule 4.7(2) - (Committee Substitute)

  31. CS by- Fiscal Policy; YEAS 12 NAYS 5

  32. On Committee agenda-- Fiscal Policy, 01/18/24, 1:30 pm, 412 Knott Building

  33. Introduced

  34. Now in Fiscal Policy

  35. Favorable by Regulated Industries; YEAS 4 NAYS 0

  36. On Committee agenda-- Regulated Industries, 12/13/23, 8:30 am, 401 Senate Building

  37. Referred to Regulated Industries; Fiscal Policy

  38. Filed

Sponsors

Sponsorship breakdown

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2 sponsors · 1 co-sponsors · 161 not signed on · 65 voted No

Sponsors (2)

Co-sponsors (1)

Not signed on (161)

161 members have not signed on to this bill.

Show all 161 →

"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.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

AH - 177554, Returning Messages

Failed 16 Yea · 24 Nay
Party YeaNayPresentNot Voting
Republican 41800
Democrat 6000
Unaffiliated 5600
No Party Affiliation 1000
Total 162400
% of votes cast 40%60%0%0%
How each member voted (40)
Member Party Vote
Powell — Yea
Baxley — Nay
Book — Yea
Stewart — Yea
Hutson — Nay
Ingoglia — Nay
Torres — Yea
Broxson — Nay
Collins — Nay
Perry — Nay
Thompson, Geraldine F. "Geri" — Yea
Berman, Lori Democrat Yea
Davis, Tracie Democrat Yea
Jones, Shevrin D. "Shev" Democrat Yea
Osgood, Rosalind Democrat Yea
Polsky, Tina Scott Democrat Yea
Rouson, Darryl Ervin Democrat Yea
Pizzo, Jason W. B. No Party Affiliation Yea
Albritton, Ben Republican Nay
Boyd, Jim Republican Nay
Bradley, Jennifer Republican Nay
Brodeur, Jason Republican Nay
Burgess, Danny Republican Nay
Burton, Colleen Republican Nay
Calatayud, Alexis Republican Nay
DiCeglie, Nick Republican Nay
Garcia, Ileana Republican Yea
Grall, Erin Republican Nay
Gruters, Joe Republican Nay
Harrell, Gayle Republican Nay
Hooper, Ed Republican Yea
Martin, Jonathan Republican Nay
Mayfield, Debbie Republican Nay
Passidomo, Kathleen Republican Nay
Rodriguez, Ana Maria Republican Nay
Simon, Corey Republican Yea
Trumbull, Jay Republican Nay
Vacant Republican Nay
Wright, Tom A. Republican Nay
Yarborough, Clay Republican Yea

Official roll call →

Returning Messages

Passed 23 Yea · 16 Nay · 1 Other
Party YeaNayPresentNot Voting
Republican 17401
Democrat 0600
Unaffiliated 6500
No Party Affiliation 0100
Total 231601
% of votes cast 58%40%0%3%
How each member voted (40)
Member Party Vote
Powell — Nay
Baxley — Yea
Book — Nay
Stewart — Nay
Hutson — Yea
Ingoglia — Yea
Torres — Nay
Broxson — Yea
Collins — Yea
Perry — Yea
Thompson, Geraldine F. "Geri" — Nay
Berman, Lori Democrat Nay
Davis, Tracie Democrat Nay
Jones, Shevrin D. "Shev" Democrat Nay
Osgood, Rosalind Democrat Nay
Polsky, Tina Scott Democrat Nay
Rouson, Darryl Ervin Democrat Nay
Pizzo, Jason W. B. No Party Affiliation Nay
Albritton, Ben Republican Yea
Boyd, Jim Republican Yea
Bradley, Jennifer Republican Nay
Brodeur, Jason Republican Yea
Burgess, Danny Republican Yea
Burton, Colleen Republican Yea
Calatayud, Alexis Republican Yea
DiCeglie, Nick Republican Yea
Garcia, Ileana Republican Nay
Grall, Erin Republican Yea
Gruters, Joe Republican Yea
Harrell, Gayle Republican Yea
Hooper, Ed Republican Not Voting
Martin, Jonathan Republican Yea
Mayfield, Debbie Republican Yea
Passidomo, Kathleen Republican Yea
Rodriguez, Ana Maria Republican Nay
Simon, Corey Republican Yea
Trumbull, Jay Republican Yea
Vacant Republican Yea
Wright, Tom A. Republican Yea
Yarborough, Clay Republican Nay

Official roll call →

Passage, Third Reading

Passed 60 Yea · 51 Nay · 9 Other
Party YeaNayPresentNot Voting
Republican 451605
Unaffiliated 131101
Democrat 22403
Total 605109
% of votes cast 50%43%0%8%
How each member voted (120)
Member Party Vote
Altman — Yea
Payne — Yea
Amesty — Yea
Fine — Nay
Renner — Yea
Roach — Nay
Bell — Nay
Grant — Yea
Beltran — Nay
Rommel — Nay
Benjamin — Nay
Roth — Nay
Rudman — Yea
Silvers — Nay
Keen — Nay
Killebrew — Nay
Stevenson — Yea
Caruso — Yea
Temple — Yea
Tomkow — Yea
Clemons — Yea
Waldron — Nay
Williams — Yea
Casello — Not Voting
Lopez, V. — Yea
Antone, Bruce Hadley Democrat Nay
Arrington, Kristen Aston Democrat Nay
Bartleman, Robin Democrat Nay
Bracy Davis, LaVon Democrat Nay
Campbell, Daryl Democrat Nay
Chambliss, Kevin D. Democrat Not Voting
Cross, Lindsay Democrat Nay
Daley, Dan Democrat Nay
Daniels, Kimberly Democrat Yea
Driskell, Fentrice Democrat Nay
Dunkley, Lisa Democrat Nay
Edmonds, Jervonte "Tae" Democrat Not Voting
Eskamani, Dr. Anna V. Democrat Nay
Franklin II, Gallop Democrat Nay
Gantt, Ashley Viola Democrat Nay
Gottlieb, Michael "Mike" Democrat Nay
Gregory, Emily Democrat Yea
Harris, Jennifer "Rita" Democrat Nay
Hart-Lowman, Dianne "Ms Dee" Democrat Nay
Hinson, Yvonne Hayes Democrat Nay
Hunschofsky, Christine Democrat Nay
Joseph, Dotie Democrat Nay
López, Johanna Democrat Nay
Nixon, Angela "Angie" Democrat Nay
Rayner, Michele K. Democrat Nay
Robinson, Felicia Simone Democrat Nay
Skidmore, Kelly Democrat Not Voting
Tant, Allison Democrat Nay
Woodson, Marie Paule Democrat Nay
Abbott, Shane G. Republican Yea
Alvarez, Daniel Antonio "Danny" Republican Yea
Anderson, Adam Republican Yea
Andrade, Robert Alexander "Alex" Republican Yea
Baker, Jessica Republican Yea
Bankson, Douglas Michael "Doug" Republican Yea
Barnaby, Webster Republican Yea
Basabe, Fabián Republican Nay
Berfield, Kimberly Republican Nay
Black, Dean Republican Yea
Borrero, David Republican Yea
Botana, Adam Republican Yea
Brackett, Robert A. "Robbie" Republican Not Voting
Brannan III, Robert Charles "Chuck" Republican Yea
Buchanan, James Republican Nay
Busatta, Demi Republican Nay
Canady, Jennifer Republican Yea
Cassel, Hillary Republican Not Voting
Chamberlin, Ryan Republican Yea
Chaney, Linda Republican Nay
Duggan, Wyman Republican Yea
Esposito, Tiffany Republican Yea
Fabricio, Tom Republican Nay
Garcia, Ileana Republican Nay
Garrison, Sam Republican Yea
Giallombardo, Mike Republican Yea
Gonzalez Pittman, Karen Republican Nay
Gossett-Seidman, Peggy Republican Not Voting
Griffitts Jr., Philip Wayne "Griff" Republican Yea
Holcomb, Jeff Republican Yea
Jacques, Berny Republican Yea
Koster, Traci Republican Yea
LaMarca, Chip Republican Nay
Leek, Thomas J. "Tom" Republican Yea
Maggard, Randall Scott "Randy" Republican Yea
Maney, Patt Republican Yea
Massullo, Ralph E., Jr. Republican Yea
McClain, Stan Republican Yea
McClure, Lawrence Republican Yea
McFarland, Fiona Republican Yea
Melo, Lauren Republican Not Voting
Michael, Kiyan Republican Nay
Mooney Jr., James Vernon "Jim" Republican Nay
Overdorf, Tobin Rogers "Toby" Republican Nay
Perez, Daniel Republican Yea
Persons-Mulicka, Jenna Republican Yea
Plakon, Rachel Saunders Republican Yea
Plasencia, Susan Republican Yea
Porras, Juan Carlos Republican Nay
Redondo, Mike Republican Yea
Rizo, Alex Republican Yea
Robinson Jr., William Cloud "Will" Republican Yea
Salzman, Michelle Republican Yea
Shoaf, Jason Republican Yea
Sirois, Tyler I. Republican Yea
Smith, David Republican Yea
Snyder, John Republican Yea
Stark, Paula A. Republican Nay
Steele, Kevin M. Republican Nay
Trabulsy, Dana Republican Yea
Tramont, Chase Republican Not Voting
Truenow, Keith L. Republican Yea
Tuck, Kaylee Republican Yea
Valdés, Susan L. Republican Nay
Yarkosky, Taylor Michael Republican Yea
Yeager, Bradford Troy "Brad" Republican Yea

Official roll call →

Third Reading

Passed 27 Yea · 13 Nay
Party YeaNayPresentNot Voting
Republican 20200
Democrat 0600
Unaffiliated 7400
No Party Affiliation 0100
Total 271300
% of votes cast 68%33%0%0%
How each member voted (40)
Member Party Vote
Powell — Nay
Baxley — Yea
Book — Nay
Stewart — Yea
Hutson — Yea
Ingoglia — Yea
Torres — Nay
Broxson — Yea
Collins — Yea
Perry — Yea
Thompson, Geraldine F. "Geri" — Nay
Berman, Lori Democrat Nay
Davis, Tracie Democrat Nay
Jones, Shevrin D. "Shev" Democrat Nay
Osgood, Rosalind Democrat Nay
Polsky, Tina Scott Democrat Nay
Rouson, Darryl Ervin Democrat Nay
Pizzo, Jason W. B. No Party Affiliation Nay
Albritton, Ben Republican Yea
Boyd, Jim Republican Yea
Bradley, Jennifer Republican Yea
Brodeur, Jason Republican Yea
Burgess, Danny Republican Yea
Burton, Colleen Republican Yea
Calatayud, Alexis Republican Yea
DiCeglie, Nick Republican Yea
Garcia, Ileana Republican Nay
Grall, Erin Republican Yea
Gruters, Joe Republican Yea
Harrell, Gayle Republican Yea
Hooper, Ed Republican Yea
Martin, Jonathan Republican Yea
Mayfield, Debbie Republican Yea
Passidomo, Kathleen Republican Yea
Rodriguez, Ana Maria Republican Yea
Simon, Corey Republican Yea
Trumbull, Jay Republican Yea
Vacant Republican Yea
Wright, Tom A. Republican Yea
Yarborough, Clay Republican Nay

Official roll call →

Favorable with Committee Substitute

Passed 12 Yea · 5 Nay · 3 Other
Party YeaNayPresentNot Voting
Republican 10101
Unaffiliated 2300
Democrat 0102
Total 12503
% of votes cast 60%25%0%15%
How each member voted (20)
Member Party Vote
Collins — Yea
Hutson — Yea
Torres — Nay
Stewart — Nay
Thompson, Geraldine F. "Geri" — Nay
Berman, Lori Democrat Not Voting
Jones, Shevrin D. "Shev" Democrat Not Voting
Osgood, Rosalind Democrat Nay
Albritton, Ben Republican Yea
Boyd, Jim Republican Yea
Burton, Colleen Republican Not Voting
Calatayud, Alexis Republican Yea
DiCeglie, Nick Republican Yea
Garcia, Ileana Republican Yea
Mayfield, Debbie Republican Yea
Rodriguez, Ana Maria Republican Yea
Simon, Corey Republican Yea
Trumbull, Jay Republican Yea
Wright, Tom A. Republican Yea
Yarborough, Clay Republican Nay

Official roll call →

Subjects

taxation housing
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Frequently asked questions

What does SB 280 do?
Vacation Rentals; Requiring advertising platforms or operators listing a vacation rental with an advertising platform to collect and remit specified taxes for certain vacation rental transactions; defining the term “advertising platform”; adding licensing to the regulated activities of public lodging establishments and public food service establishments which are preempted to the state; requiring advertising platforms to require that persons placing advertisements or listings for vacation rentals include certain information in the advertisements or listings and attest to certain information; authorizing the division to revoke, refuse to issue or renew, or suspend vacation rental licenses under certain circumstances, etc. APPROPRIATION: $4,321,901
Who sponsors SB 280?
SB 280 is sponsored by Fiscal Policy, DiCeglie, Nick (Republican), and Mayfield, Debbie (Republican).
What is the current status of SB 280?
This bill died with 2024 Regular Session. It reached “To Executive” 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 280?
Track SB 280 free on One Click Politics — get push/email alerts when it moves.

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