HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: CS/CS/HB 1537 Vacation Rentals
SPONSOR(S): Commerce Committee, Regulatory Reform & Economic Development Subcommittee, Griffitts
TIED BILLS: IDEN./SIM. BILLS: CS/SB 280
REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF
1) Regulatory Reform & Economic Development 10 Y, 4 N, As CS Thompson Anstead
Subcommittee
2) Commerce Committee 13 Y, 5 N, As CS Thompson Hamon
SUMMARY ANALYSIS
The Division of Hotels and Restaurants (Division) in the Department of Business and Professional Regulation
(DBPR) licenses and inspects vacation rentals within the state. A vacation rental is classified as any unit or
group of units in a condominium or cooperative or any individually or collectively owned home, not a timeshare
project, which is rented to guests more than three times in a calendar year for periods of less than 30 days
or 1 calendar month, or advertised to the public as a place regularly rented to guests. Local governments may
not prohibit vacation rentals or regulate the duration or frequency of such rentals. Local regulations adopted
before June 1, 2011, are not subject to this prohibition.
The bill:
Adds to the scope of the state preemption of public lodging establishments and public food service
establishments by preempting “licensing” regulations, and revises the scope of the express state
preemption on vacation rentals to allow local jurisdictions to amend local regulations to:
o Be less restrictive; or
o Comply with local registration requirements.
Allows local governments to implement a local vacation rental registration program.
Requires such registration programs to be administered by the tax collector.
Authorizes local governments and tax collectors to charge a registration fee not to exceed $150 for
processing an individual registration application.
Allows local governments to fine vacation rental operators up to $300, file and foreclose on a lien based
on the fine, suspend registrations, and revoke or refuse to renew a registration, for violations of the
local registration requirements.
Preempts to the state the regulation of advertising platforms, requires users of advertising platforms to
provide license and registration information in a vacation rental listing, requires advertising platforms to
collect and remit certain taxes and adopt an antidiscrimination policy.
Grants the Division certain enforcement mechanisms relating to unlicensed activities.
Requires the Division to create and maintain a vacation rental license information system to allow local
governments to verify the license and local registration status of a vacation rental, and registered users
to subscribe to receive notification of changes to the license or registration of a vacation rental.
Specifically, does not supersede the authority of condominiums, cooperatives, or homeowners’
associations to restrict the use of their properties.
Requires vacation rental operators to display license and registration information.
The bill may have in indeterminate fiscal impact on state and local government, and the private sector.
Except as otherwise provided, the effective date of the bill is July 1, 2024.
This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives .
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DATE: 2/26/2024
FULL ANALYSIS
I. SUBSTANTIVE ANALYSIS
A. EFFECT OF PROPOSED CHANGES:
Present Situation
Vacation Rentals
The Division of Hotels and Restaurants (Division) within the Department of Business and Professional
Regulation (DBPR) is charged with enforcing the provisions of ch. 509, F.S., and all other applicable
laws relating to the inspection and regulation of public lodging establishments and public food service
establishments for the purpose of protecting the public health, safety, and welfare. DBPR licenses
vacation rentals within the state and has the power to inspect a licensed vacation rental. 1
Public lodging establishments are classified as a hotel, motel, vacation rental, nontransient apartment,
transient apartment, bed and breakfast inn, or timeshare project.2
The term “public lodging establishments” includes transient and nontransient public lodging
establishments.3 The principal differences between transient and nontransient public lodging
establishments are the number of times that the establishments are rented in a calendar year and the
length of the rentals.
The term “transient public lodging establishment” means any unit, group of units, dwelling, building, or
group of buildings within a single complex of buildings, which is rented to guests more than three times
in a calendar year for periods of less than 30 days or one calendar month, whichever is less, or which
is advertised or held out to the public as a place regularly rented to guests. 4
The term “vacation rental” means any unit or group of units 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 also a transient public lodging establishment but that is not a timeshare project.5
Current law exempts from licensing requirements living or sleeping facilities that do not fit within the
classification of a hotel, motel, timeshare project, vacation rental, nontransient apartment, bed and
breakfast inn, or transient apartment.6 Currently, the classification for “vacation rental” only applies to
situations where the entire unit or dwelling is offered for rent; therefore the rental of individual rooms
within a condominium unit or house is excluded from the licensure and regulation of public lodging
establishments by the Division.7
Licensure
The Division is authorized to issue vacation rental licenses as follows:
Single license: issued to an individual person or entity, but not a licensed agent, and may
include one single-family house or townhouse, or a unit or group of units within a single building
that are owned and operated by the same individual person or entity.
Group license: issued to a licensed agent to cover all units within a building or group of
buildings in a single complex and only covers units held out to the public as a place regularly
rented to guests.
1 S. 509.241, F.S.
2 S. 509.242(1), F.S.
3 S. 509.013(4)(a), F.S.
4 S. 509.013(4)(a)1., F.S.
5 S. 509.242(1)(c), F.S.
6 S. 509.013(4)(b)9., F.S.
7 See 18-06 Fla. Op.Att’y Gen. (2018).
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Collective license: issued to a licensed agent who represents a collective group of houses or
units found on separate locations not to exceed 75 houses per license. 8
Applicants for licensure must submit the appropriate application and required fee to the Division. The
license fees are based on the number of rental units in the establishment. A current license must be
conspicuously displayed in the office or lobby of the licensed establishment. 9 If no office or lobby is
present on the premises of the licensed establishment, the license must be readily available for
inspection upon request.10
Currently, there are 63,690 public lodging establishments licensed by the Division. These licenses are
distributed as follows:11
Hotels: 2,308 licenses;
Motels: 2,397 licenses;
Non-transient apartments: 18,315 licenses;
Transient apartments: 913 licenses;
Bed and Breakfast Inns: 261 licenses;
Vacation rental condominiums: 12,716 licenses;
Vacation rental dwellings: 26,733 licenses; and
Vacation rental timeshare projects: 47 licenses.
License Fees
The Division provides the following fee schedule relating to vacation rentals: 12
Vacation rentals/collective license.
BASIC PER UNIT FEE HEP FEE13 TOTAL FEE
FEE
$150 $10 $10 VARIES
Vacation rentals/group and single license.
NUMBER OF BASIC FEE INCREMENTAL HEP FEE TOTAL FEE
UNITS UNIT FEE
SINGLE $150 $10 $10 $170
UNIT
2-25 $150 $20 $10 $180
26-50 $150 $35 $10 $195
51-100 $150 $50 $10 $210
101-200 $150 $75 $10 $235
201-300 $150 $105 $10 $265
301-400 $150 $135 $10 $295
401-500 $150 $160 $10 $320
OVER $150 $190 $10 $350
500
Applicants for initial licensure are required to pay the full license fee if the application is made during, or
more than six months before, the annual renewal period. A half-year fee is authorized if such
application is made 6 months or less before the renewal period. A $50 application fee is required when
making the initial application or an application for change of ownership. Renewal fees are based upon
the number of units under the license when the license was either issued or last renewed, whichever is
8 S. 509.241, F.S.
9 S. 509.241(3), F.S.
10 R. 61C-1.002(1), F.A.C.
11 DBPR, Division of Hotels and Restaurants Annual Report for FY 2021 -2022, p. 8,
http://www.myfloridalicense.com/dbpr/hr/reports/annualreports/documents/ar2021_22.pdf (last visited Jan. 26, 2024).
12 R. 61C-1.008, F.A.C.
13 S. 509.302, F.S., establishes the Hospitality Education Program. All public lodging establishments and all public food service
establishments licensed under ch. 509, F.S., are required to pay an annual fee of no more than $10, which shall be included in the
annual license fee and used for the sole purpose of funding the Hospitality Education Progra m.
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most recent. A $50 delinquency fee is required to renew a delinquent license filed with the Division after
the expiration date.
Sanitation and Safety
Current law requires each public lodging establishment to meet requirements and standards relating to
sanitation and safety.14 These requirements and standards apply to the following:
Water, plumbing and waste;
Public bathrooms (vacation rentals are exempt from this requirement);
Towels;
Glassware, tableware, and utensils (vacation rentals are exempt from federal and state
standards but must sanitize with household cleaning supplies and provide notice of such in
guest rooms);
Kitchens;
Ice making machines;
Locking devices;
Vermin control;
Storage and labeling of toxic items;
Structural components, attachments, and fixtures; and
Attics, basements, boiler rooms, meter rooms, laundry rooms, and storage rooms.
Ventilation and Fire Safety
Each bedroom in a public lodging establishment must be properly ventilated with windows or
mechanical ventilation.15 Specialized smoke detectors for the deaf and hearing-impaired must be made
available upon request by guests in transient public lodging establishments without charge. 16
In addition, smoke alarms must be installed in every living unit,17 and automatic fire sprinklers may be
required in public lodging establishments if the rental units are located within a building with three or
more stories or greater than 75 feet in height.18 All local fire authority requirements must be met.
Electrical wiring must be in good repair.
Conduct on Premises
The operator of a public lodging establishment is authorized to refuse accommodations or service to
undesirable guests.19 Subject to proper notification, an operator may remove guests who:
Illegally possess or deal controlled substances;
Are intoxicated;
Are profane, lewd, or brawling;
Disturb the peace and comfort of other guests;
Injure the reputation, dignity, or standing of the establishment;
Fail to pay rent on time;
Fail to check out on time;
Are generally detrimental to the establishment.20
The admission to, or the removal from, a public lodging establishment cannot be based upon race,
creed, color, sex, physical disability, or national origin.21
14 See generally s. 509.221, F.S., and R. 61C-1&3, F.A.C.
15 S. 509.221(3), F.S.
16 R. 61C-1.004, F.A.C.
17 S. 509.215(1)(b), F.S.
18 S. 509.215(1), F.S.
19 S. 509.142, F.S.
20 S. 509.141(1), F.S.
21 S. 509.141(1), F.S.
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Violations for remaining or attempting to remain in an establishment after being requested to leave are
a second-degree misdemeanor, punishable as provided in ss. 775.082 or 775.083, F.S. 22
In addition, an operator is authorized to take a person into custody and detain that person for disorderly
conduct that creates a threat to the life or safety of the person or others. The operator is required to call
a law enforcement officer to the scene immediately after detaining a person under this provision.23
Inspections
The Division is required to inspect all public lodging establishments as often as necessary for the
enforcement of the law and protection of the public health, safety and welfare. Each licensed public
lodging establishment must be inspected at least biannually (twice per year), except for transient
and non-transient apartments, which must be inspected at least annually. 24
Vacation rentals are not subject to this requirement, but must be available for inspection upon a
request by the Division. For inspection purposes, the licensee or operator must, upon request, meet
the inspector at the site of a specified establishment with keys to the licensed house or unit being
inspected.25
Additionally, an applicant for a vacation rental license is required to submit with the license application
a signed certificate evidencing the inspection of all balconies, platforms, stairways, railings, and
railways from a person competent to conduct such inspections. 26
The Division also may inspect a vacation rental in response to a consumer complaint related to
sanitation issues or unlicensed activity. In Fiscal Year 2021-2022, the Division received 325
consumer complaints related to vacation rentals, of which 34 were confirmed as a violation by the
Division.27
Registry
The licensee or operator of a vacation rental must notify the Division of any and all houses or units
represented for inclusion in the license application. Anytime a change occurs in the street or unit
address or number of houses or units included under the license, the licensee or operator must notify
the Division of any and all houses or units included in the license at least 60 days prior to the expiration
date of the license. In addition, a list of the included houses or units must be maintained in a written
form for inspection by request.28
Each operator of a transient establishment must maintain a register showing the dates each rental unit
was occupied by a guest as well the rates charged to the occupants. This register must be maintained
in chronological order and available for inspection by the Division at any time. Operators must maintain
two years of register data.29
Violations
Any public lodging establishment found to be in violation of ch. 509, F.S., or rules adopted by the
Division, may be subject to administrative actions including the following penalties:
Fines not to exceed $1,000 per offense; and
Suspension, revocation, or refusal of a license.30
22 S. 509.141(3), F.S.
23 S. 509.143(1), F.S.
24 See generally s. 509.032, F.S., r. 61C-1.002, F.A.C.
25 Id.
26 See ss. 509.211(3), 509.2112, F.S., and r. 61C-3.001, F.A.C.
27 DBPR, supra note 11, at 21.
28 R. 61C-1.002, F.A.C.
29 S. 509.101(2), F.S.
30 S. 509.261(1), F.S.
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Preemption Authority
Prior to Ju