CS/CS/SB 522 (Diaz) and CS/HB 219 (Fischer) change current law relating to vacation rentals, also known as short-term rentals (STRs). The bills would:
•Clarify the definition of an advertising platform to capture online marketplaces.
•Preempt to the state the regulation of advertising platforms.
•Allow a “grandfathered” city to amend its short-term rental regulations if the amendment makes the regulation less restrictive.
•Require the Department of Business and Professional Regulation 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 provision of the bill shall not supersede any current or future community association-governing document.
•Require sexual predators to notify local law enforcement if they will be staying for 24 hours or more in a short-term rental.
Preemption provisions included in CS/HB 219 only:
•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.
CS/CS/SB 522 was significantly amended to remove the majority of the preemptions in the bill that still remain in the House version of the bill. SB 522 also specifies that advertising platforms must comply with any applicable merchant business tax receipts on short-term rentals. (Taggart)