Backup Documents 02/11/2020 Item #15 (Vacation Rentals slide presentation)Vacation Rentals
HB 1011 & SB 1128
(As of: 1/28/20)
1
Current Law…
Local governments may not prohibit vacation rentals or regulate the duration or frequency of the rental.
A local law, ordinance, or regulation adopted on or before June 1, 2011, is exempt from this prohibition.
2
Current Language of Proposed Bills…
Expressly preempts all regulation of vacation rentals to the state, including inspection and licensing.
Local governments may regulate activities at a vacation rental provided the regulation applies uniformly to all residential properties.
A Senate delete-all amendment is being considered today to also allow for local regulations to be adopted provided it’s less restrictive regarding a prohibition, duration, or frequency
without losing grandfather status.
3
Current Language of Proposed Bills…
Preempts the regulation of advertising platforms to the state.
Requires the operator of a vacation rental to display - inside the rental and on the advertising platform - the license number, Florida sales tax registration, and tourist development
tax numbers.
4
Current Language of Proposed Bills…
The advertising platform must attest, to the best of their knowledge, that the posted information is current, valid, and accurately stated in the advertisement.
However, the advertising platform is not required to verify such information…
However, today’s pending Senate delete-all amendment requires the platform to verify the license prior to advertising the rental and the platform would have to update that verification
quarterly.
5
Current Language of Proposed Bills…
On a quarterly basis, the advertising platform must provide DBPR with the uniform resource locator (URL internet address) for the listing and the aforementioned license and tax numbers.
An advertising platform must remove a listing within 15 business days after being notified in writing that the vacation rental fails to display a valid license number issued by DBPR.
6
Current Language of Proposed Bills…
When DBPR has probable cause to believe a person not licensed has violated the laws and/or rules, they may issue and deliver a notice to cease and desist.
The bills do not supersede any current or future declaration or covenant for condominium, cooperative, or HOA.
7
Current Language of Proposed Bills…
DBPR initially projected that the bills would require 6 new FTEs to administer the changes relating to the licensing of individual room(s) and other hosted stays that were previously
unregulated by the Division.
Last week, a House committee increased that number to 19 new positions.
The pending Senate delete-all amendment would remove the language that requires licensing of individual rooms.
8
New Language in Senate Amendment…
If a guest uses a payment system via the advertising platform, the platform shall collect and remit all sales/use taxes and County tourist development taxes. (The Department of Revenue
will adopt rules to implement…)
Advertising platforms must adopt anti-discrimination plans and must inform all users of their services that it is illegal to refuse accommodation based on race, creed, color, sex, pregnancy,
physical disability, or national origin. (This currently applies to public lodging establishments and public food service establishments.)
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Both the Florida Association of Counties and League of Cities oppose the current language of the bills.
Collier County’s fallback position is to have the bills include the reporting to DBPR of a “local responsible party” with applicable contact information, and to require access to (and/or
dissemination of) that information for local government use.
Political Viewpoints…
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Questions?
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