Florida League of Cities

Short-Term Rentals (Oppose) – Failed 

CS/CS/CS/SB 714 (DiCeglie) is a comprehensive bill dealing with short-term rentals. Of concern to cities, the bill does the following:

Impact on Local Governments

SB 714 maintains 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. 

Local Registration Programs 

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 program 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 up to 25 properties or units. A local government may impose a fine for failure to register. 

•Charge a reasonable fee for inspections to ensure compliance with the Florida Building and Fire Prevention Code. Inspections cannot be a condition of receiving a local registration number.

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

•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).

•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 24 hours a day, 7 days a week.

•Pay in full all municipal or county code liens against the property being registered. 

•State the maximum occupancy of the short-term rental based on the number of sleeping accommodations for persons staying in the short-term rental. A municipality would first need to adopt by ordinance maximum occupancy limits for rented properties.

•Provide to guests information related to health and safety concerns and applicable laws, ordinances, or regulations by posting on the property or by delivery to guests.

June 1, 2011, Grandfather Provision

The bill maintains the grandfathering of ordinances that were adopted prior to June 1, 2011. Additionally, the bill clarifies that cities may amend grandfathered ordinances to be less restrictive without voiding those ordinances. 

Impact on Advertising Platforms and DBPR

Advertising platforms will now be required to:

•Collect and remit all required taxes.

•Require each person listing a property as a vacation rental to include in the advertisement the state license number and, if applicable, the local registration number. They will also be required to attest that the license and registration numbers are valid.

•By July 1, 2024, the advertising platform will be required to check and verify the license number of all listings with DBPR prior to posting the advertisement. Additionally, license numbers must be checked at the end of each calendar quarter with the department.

•Remove from public view an advertisement from their website within 15 business days after notification by DBPR in writing that a vacation rental fails to display a valid license number.

•Adopt an antidiscrimination policy.

DBPR will now be required to:

•By July 1, 2024, maintain all vacation rental license information in a readily accessible electronic format.

•Impose fines on advertising platforms that are non-compliant with the requirements listed in this section.

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 judgment 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 in a 90-day period. 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 as determined by a final order of a court or by a written decision by an arbitrator authorized to oversee the dispute.

•The local registration is terminated by a local government for violating any of the registration requirements described above.

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