Florida Vacation Rental Act (Oppose – Preemption)

Florida Vacation Rental Act (Oppose – Preemption)

CS/CS/SB 1400 (Steube), titled the Florida Vacation Rental Act, preempts all regulation of vacation rentals to the state. The bill:

• Creates a section preempting all licensing of vacation rentals to the state. 

• Requires a state license application to contain the operator’s emergency contact number. 

• Allows a temporary state license to be issued and allows vacation rental to begin use while the application is pending. 

• Allows the Division of Hotels and Restaurants to fine, suspend or revoke the license of any vacation rental when the advertisement for the vacation rental does not display the vacation rental license number. 

• Regulates multiple unit vacation rentals. When five or more vacation rentals in multifamily dwellings are under common ownership and are rented out more than 180 days per year, such rental is subject to additional requirements, including biannual inspections. 

• Defines a vacation rental as any unit in a condominium or cooperative or any individually or collectively owned single-family, two-family, three-family, or four-family house or dwelling unit that is rented to guests for periods of less than 30 days but that is not a timeshare project. 

• Requires the division to make the vacation rental license information available to the public, and allows local governments to use this license information for informational purposes only. 

• Grandfathers local ordinances adopted on or before June 1, 2011 and allows “grandfathered” cities to amend as long as they are less restrictive. 

• Sets maximum occupancy limits for vacation rentals. (Cook)