Florida Senate - 2016 SB 1568 By Senator Altman 16-01428A-16 20161568__ 1 A bill to be entitled 2 An act relating to vacation rental units; amending s. 3 509.241, F.S.; providing criteria for licensure as a 4 vacation rental unit; requiring the Division of Hotels 5 and Restaurants of the Department of Business and 6 Professional Regulation to suspend a license of a 7 vacation rental unit for failure to meet certain 8 criteria by a specified date; specifying that vacation 9 rental units operating without a license or with a 10 license expired for a specified period are subject to 11 disciplinary action pursuant to rules establishing 12 certain disciplinary guidelines; prohibiting group 13 licensing of such units; requiring a vacation rental 14 unit to display its license number on all property 15 rental advertising; providing that it is an unlicensed 16 practice to advertise without a license; providing an 17 effective date. 18 19 Be It Enacted by the Legislature of the State of Florida: 20 21 Section 1. Section 509.241, Florida Statutes, is amended to 22 read: 23 509.241 Licenses required; exceptions.— 24 (1) LICENSES; ANNUAL RENEWALS.—Each public lodging 25 establishment and public food service establishment shall obtain 26 a license from the division. Such license may not be transferred 27 from one place or individual to another. It shall be a 28 misdemeanor of the second degree, punishable as provided in s. 29 775.082 or s. 775.083, for such an establishment to operate 30 without a license. Local law enforcement shall provide immediate 31 assistance in pursuing an illegally operating establishment. The 32 division may refuse a license, or a renewal thereof, to any 33 establishment that is not constructed and maintained in 34 accordance with law and with the rules of the division. The 35 division may refuse to issue a license, or a renewal thereof, to 36 any establishment an operator of which, within the preceding 5 37 years, has been adjudicated guilty of, or has forfeited a bond 38 when charged with, any crime reflecting on professional 39 character, including soliciting for prostitution, pandering, 40 letting premises for prostitution, keeping a disorderly place, 41 or illegally dealing in controlled substances as defined in 42 chapter 893, whether in this state or in any other jurisdiction 43 within the United States, or has had a license denied, revoked, 44 or suspended pursuant to s. 429.14. The division shall suspend 45 the license of a vacation rental unit that does not meet all of 46 the criteria in subsection (2) by October 1, 2016. A vacation 47 rental unit operating without a license or with a license 48 expired for more than 60 days is subject to disciplinary action 49 pursuant to the disciplinary guidelines applicable to public 50 lodging establishments adopted by rule under s. 455.2273 or s. 51 509.032. Licenses shall be renewed annually, and the division 52 shall adopt a rule establishing a staggered schedule for license 53 renewals. If any license expires while administrative charges 54 are pending against the license, the proceedings against the 55 license shall continue to conclusion as if the license were 56 still in effect. 57 (2) APPLICATION FOR LICENSE.— 58 (a) Each person who plans to open a public lodging 59 establishment or a public food service establishment shall apply 60 for and receive a license from the division before beginning 61prior to the commencement ofoperation. A condominium 62 association, as defined in s. 718.103, which does not own any 63 units classified as vacation rentals or timeshare projects under 64 s. 509.242(1)(c) or (g) is not required to apply for or receive 65 a public lodging establishment license. 66 (b)1. Each individual vacation rental unit must obtain a 67 license from the division. A group license may not be issued for 68 vacation rental units. An applicant for a vacation rental unit 69 license must provide all of the following to the division: 70 a. Evidence confirming registration with the county 71 collector of the tourist development tax. 72 b. Certification of inspection by the local firesafety 73 authority confirming that the unit complies with Rule 69A-43, 74 F.A.C., as adopted by the State Fire Marshal. 75 c. Evidence confirming registration with the Department of 76 Revenue to collect and remit state sales tax. 77 d. Evidence confirming receipt of all applicable local 78 licenses. If a state vacation rental unit license is required to 79 obtain a local license, a provisional license may be granted to 80 the applicant. The provisional license expires if the required 81 local license is not obtained within 60 days after issuance of 82 the provisional license. 83 2. A vacation rental unit licenseholder must have a valid 84 phone number and e-mail address on file with the division. 85 (3) DISPLAY OF LICENSE.—Any license issued by the division 86 shall be conspicuously displayed in the office or lobby of the 87 licensed establishment. A public food service establishment that 88 offersestablishments which offercatering services shall 89 display itstheirlicense number on all advertising for catering 90 services. A vacation rental unit must display its license number 91 on all property rental advertising. It is an unlicensed 92 practice, pursuant to s. 455.228, to advertise a vacation rental 93 unit without a license. 94 Section 2. This act shall take effect July 1, 2016.