CS/CS/HB 833 (Duggan) is a comprehensive bill dealing with short-term rentals. Of concern to cities, the bill does the following:
Impact on Local Governments
CS/CS/HB 833 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 75 properties or units.
•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.
•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.
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 have the operator who places an advertisement on the platform:
•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
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 owner or operator fails to provide proof of local registration if required.
•The property and property owner are subject to a final order or judgment directing termination of the property's short-term rental status.
•The division may suspend a local registration for up to 30 days if a short-term rental is found to have two or more code enforcement violations found by the code enforcement board in a 90-day period. The division must issue a written warning and provide an opportunity to cure a violation before taking action. (Taggart)