CS/SB 1128 (Diaz) and CS/HB 1011 (Fischer) change current law relating to vacation rentals, also known as short-term rentals (STRs). The bills:
• preempt to the state the regulation of STRs, including licensure and inspections.
• undo any local registration, inspection or licensing requirements specific to STRs adopted since 2014.
• require that any ordinances (noise, parking, trash, etc.), must be applied uniformly to all residential properties, regardless of how the property is being used.
• further clarify that local regulations cannot prohibit ALL rentals (not just STRs), impose occupancy limits on rental properties or require inspections or licensing of rentals (specific to STRs).
CS/HB 1011 was amended to add an appropriation of $1,306,368 recurring and $116,749 nonrecurring funds from the Hotels and Restaurants Trust Fund to the Department of Business and Professional Regulation (DBPR) for 19 full-time positions for the purpose of implementing provisions in the bill.
CS/SB 1128 was amended to:
•clarify the definition of an advertising platform and narrow it by removing print
advertisements from its scope.
•allow a “grandfathered” city to amend its short-term rental regulations if the amendment makes the regulation less restrictive.
•require the department to maintain vacation rental property license information in
an accessible electronic format.
•require advertising platforms to verify a property’s license number prior to publishing its advertisement on its platform, and every quarter thereafter.
•require advertising platforms to quarterly provide the department with the physical
address of the vacation rental properties that advertise on their platforms.
•impose a duty on advertising platforms to collect and remit taxes in relation to the
rental of a vacation rental property through its platform.
•establish requirements that advertising platforms adopt an anti-discrimination
policy and inform their users of the public lodging discrimination prohibition found in current law.
•clarify that the bill shall not supersede any current or future community association
governing document. (Cook)