CS/CS/HB 833 (Duggan) and CS/CS/CS/SB 714 (DiCeglie) 

Impact on Local Governments

The bills maintain the current preemption on local governments from adopting zoning ordinances specific to short-term rentals, as well as regulating the duration of stays and the frequency in which the properties are rented. The bills expand this preemption to include local regulations on advertising platforms. For cities that adopted ordinances prior to June 1, 2011, the bills maintain the "grandfather" currently in place but clarify that those cities may amend their ordinances to be less restrictive or to comply with a local registration program. For cities that do not have "grandfathered" ordinances, the bills preempt cities from licensing short-term rentals; however, they authorize local governments to have a local registration program. 

Local governments who choose to adopt a local registration program may impose a fine for failure to register. CS/CS/HB 833 was amended to remove this provision from the bill. The local government has 15 days after receiving an application for registration to either accept the application or issue a written notice specifying all deficiencies. Both parties may agree to extend the timeline. If a municipality does not accept or deny an application within that 15-day window, that application is deemed approved. As a condition of registration, the local registration programs may only require the owner or operator of a vacation rental to:

•Pay a fee of no more than $150 for processing an individual registration application or $200 for a collective application (CS/CS/SB 714 limits collective registrations to 25 units) 

•Renew their registration no more than once per year unless the property has a change in ownership 

•CS/CS/SB 714 was amended to allow cities to charge a reasonable fee to inspect a short-term rental to verify compliance with the Florida Building and Fire Prevention Code

•Submit identifying information about the owner or the property manager and the short-term rental being registered

•Obtain a license as a transient public lodging establishment by the Department of Business and Professional Regulation (DBPR) within 60 days of local registration

•Obtain all required tax registration, receipts or certificates issued by the Department of Revenue, a county or a municipal government 

•Maintain all registration information on a continuing basis so it is current

•Comply with parking and solid waste handling requirements; these requirements cannot be imposed solely on short-term rentals

•Designate and maintain a property designee who can respond to complaints and other immediate problems related to the property, including being available by phone (CS/CS/CS/SB 714 clarifies they must be available 24 hours a day, 7 days a week)

•Pay in full all municipal or county code liens against the property being registered. CS/CS/HB 833 was amended to remove this provision from the bill

•The bills were amended to include a statement of the maximum occupancy for short-term rentals based on the number of sleeping accommodations for the persons staying overnight in the vacation rental. Local governments must apply these occupancy limits uniformly to all residential properties.

•CS/CS/CS/SB 714 was amended to allow local governments to require owners to provide guests important health/safety information or information regarding local ordinances.

Impact on Advertising Platforms and DBPR

Advertising platforms must include in all listings the property's state license number and, if applicable, the local registration number. After July 1, 2024, the advertising platform will be required to check and verify the license number of all listings with DBPR. Additionally, by that date, DBPR will be required to maintain all short-term rental license information in an electronic format to ensure prompt compliance. Advertising platforms will be required to remove unlicensed listings within 15 days after notification by DBPR, as well as collect and remit all required taxes. 

CS/CS/CS/SB 714 was amended to appropriate funding to DBPR in order to fund six full-time positions. 

Termination/Denial of License

A local government may terminate, refuse to issue, or renew when:

•There is an unsatisfied municipal or county code lien, so long as the local government allows the owner at least 60 days before the termination to satisfy the lien.

•The premises and its owner are subject of a final order or judgement directing the termination of the premises’ use as a vacation rental.

A local government may suspend a local registration for up to 30 days if a short-term rental is found to have three or more violations of local registration requirements or for violations of another local law, ordinance, or regulation. If a fourth violation occurs in the following six months, the registration may be suspended for up to six months.

DBPR may revoke, refuse to issue or renew a short-term rental license or suspend the license for up to 30 days under several circumstances:

•The property owner violates the terms of any lease or applicable condominium, coop or homeowner's association restrictions 

•The local registration is terminated by a local government 

•The property and property owner are subject to a final order or judgment directing termination of the property's short-term rental status

CS/CS/HB 833 was amended to remove several key enforcement provisions for local governments. The amendment removed the ability for cities to terminate a short-term rental registration for noncompliance with other local ordinances. Additionally, the amendment removed provisions requiring DBPR to suspend or terminate a state license if the local registration is terminated. (Taggart)