20110309 Addendum reducedMIAMIBEACH
City Commission Meeting
ADDENDUM MATERIAL
City Hall, Commission Chambers, 3rd Floor, 1700 Convention Center Drive
March 9,2011
Mayor Matti Herrera Bower
Vice-Mayor Jonah Wolfson
Commissioner Jorge Exposito
Commissioner Michael Gdngora
Commissioner Jerry Libbin
Commissioner Edward L. Tobin
Commissioner Deede Weithorn
City Manager Jorge M. Gonzalez
City Attorney Jose Smith
City Clerk Robert E. Parcher
Visit us at www.miamibeachfl.gov for agendas and video "streaming" of City Commission Meetings.
ATTENTION ALL LOBBYISTS
Chapter 2, Article VII, Division 3 of the City Code of Miami Beach entitled "Lobbyists" requires the
registration of all lobbyists with the City Clerk prior to engaging in any lobbying activity with the City
Commission, any City Board or Committee, or any personnel as defined in the subject Code
sections. Copies of the City Code sections on lobbyists laws are available in the City Clerk's office.
Questions regarding the provisions of the Ordinance should be directed to the Office of the City
Attorney.
ADDENDUM AGENDA
C4 - Commission Committee Assignments
C41 Referral To The Finance And Citywide Projects Committee - Discussion About Resident And
Business Concerns That Building Department Fees Are Too High.
(Requested by Vice-Mayor Jonah Wolfson)
R9 - New Business and Commission Requests
R9 J Discussion Regarding Adding Health Advisory Committee's Advocacy Agenda To City's State
And Federal Legislative Priorities.
(Requested by Commissioner Jorge Exposito)
Regular Agenda, March 9,201 1
R9 - New Business and Commission Requests (Continued)
R9K Discussion Regarding The City's Participation In Earth Hour To Be Held At 8:30 p.m. On March 26,
201 1, In Support Of Energy Conservation.
(Requested by Commissioner Michael Gongora)
R9L Discussion Regarding Extending Hours During Ultra Music Fest on March 25-26, 201 1.
(Requested by Commissioner Michael Gongora)
R9M Discussion Regarding A Resolution Expressing Opposition To Senate Bill 476 And House Bill 883,
Which Negatively Impact The City's Ability TO Address The Impacts Of The Short-Term Rental Of
Residential Properties By Defining The Term "Vacation Rental" And Further Preempt Local Authority
To Prohibit Or Regulate Vacation Rentals In A Manner Different Than Residential Properties.
(Economic Development)
MIAMIBEACH
OFFICE OF THE MAYOR AND COMMISSION MEMORANDUM
TO: Jorge M. Gonzalez, City Manager
FROM: Jonah Wolfson, Commissioner
DATE: March 3rd, 201 1
SUBJECT: Agenda ltem Referral to Finance Committee
Please place on the March 9'" 201 1 Commission meeting agenda a referral to the
Finance and Citywide Projects Committee Meeting for a discussion about resident and
business concerns that building department fees are too high.
If you have any questions, please contact Leonor Hernandez at extension 6437.
JW/lh
1 Agenda ltem Cqx
We are commi,ied to provic1,ng sxcciien/ pubiic senwe ond sofeh; 10 a// wiho iive, work, orld ploy in 04
1 Date 3- 7-/I -
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OFFICE OF THE MAYOR AND COMMISSION MEMORANDUM
TO: Jorge M. Gonzalez, City Manager
Robert Parcher, City Clerk
Jose Smith, City Attorney
FROM: Jorge R. Exposito, Commissioner
DATE: March 3,2011
SUBJECT: Discussion Item: Adding Health Advisory Committee's Advocacy Agenda to
City's State and Federal Legislative Priorities
Please place a discussion item on the March 9, 2011 Commission Meeting agenda regarding
adoption of a motion, accepting the Health Advisory Committee's (HAC) recommendation (as
adopted at its March 1, 2011 meeting) to include and incorporate the attached "Legislative
Agenda Recommendation", as part of the City's State and Federal Legislative priorities.
In the event that the City Commission accepts the HAC's Advocacy Agenda (as attached), it
should be transmitted by the appropriate City Staff member among the City's State and
Federal Lobbyists for inclusion to the City's legislative initiatives.
We trust that you will find all in good order. Should you have any questions, please feel free to
get in touch with my aide, Barbie Paredes at extension 6457.
Best regards,
Attachments
1 Agenda Item RqJ
We ore comm~ffed to ~rov~d~ng excellent publ~c selvlce and sofety to all who bve, work, ond ploy In oui Date 3-9- 11
I
STATE
Maternal & Infant Health
o The Miami Beach Mother & Infant Project
A request to the State to allocate prior years unused Medicaid
grant funding to expand facilities to meet the demand for labor
and delivery care and outpatient OB and pediatrics for
underinsured and uninsured Miami Beach families at Mount
Sinai Medical Center and Miami Beach Community Health
Centers -Stanley C. Myers site;
STATE (cont'd)
Primary Care
o Chronic Disease Management and ER Diversion Initiative
A request to the State to reallocate primary care Medicaid grant
funding to fund the Chronic Disease Management and ER
Diversion lnitiative at Mount Sinai Medical Center and theMiami
Beach Community Health Centers -Stanley C. Myers site; for
operations and specialty care equipment;
STATE (cont'd)
ElderlGeriatric Care
Alzheimer's Disease lnitiative (ADI) Research & Screenings
to the State to reinstate the Alzheimer's Disease lnitiative (ADI),
its programs and funding, into the recurring State budget, at
minimum funding the original five programs;
FEDERAL
Miami Beach Hospital Emergency Power Project
* A request to fund Phase 2 of the City of Miami Beach's Hospital
Emergency Power Plant Project.
STATE
o Stanley C. Myers Generator Funding
A request for State funding for a gas operated generator to
provide continuity of service for Miami Beach Community Health
Centers patients and Miami Beach residents post natural
disaster.
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@ MIAMIBEACH
OFFICE OF THE MAYOR AND COMMISSION
TO: Jorge Gonzalez, City Manager
FROM: Michael Gongora, Commissioner
DATE: March 4, 201 1
SUBJECT: Agenda Item for March 9 Commission Meeting
Please place on the March 9 Commission meeting agenda a discussion about the City's
participation in Earth Hour to be held at 8:30pm on March 26, 2011. The lights will
switch off around the globe for Earth Hour in support of energy conservation. Earth Hour
is a global grass-roots movement encouraging individuals, businesses, and
governments around the world to take positive actions for the environment, and
celebrate their commitment to the planet by switching their lights for one designated
, hour. I encourage the City of Miami Beach to participate in this movement. Please do
not hesitate to contact Diana Fontani at extension 6087 for any additional information.
I
Agendaltem RqK
t I Date 3-7-11
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MIAMIBEACH
OFFICE OF THE MAYOR AND COMMISSION
CITY CLERK'S OFF ICE
MEMORANDUM
TO: Jorge Gonzalez, City Manager
FROM: Michael Gongora, Commission
DATE: March 4, 201 1 \
SUBJECT: Agenda Item for March 9 Commission Meeting
Please place on the March 9 Commission meeting agenda a discussion about allowing
extended hours during Ultra Music Fest on March 25th and 26th since these dates do not
seem to conflict with Spring Break and we allowed them last year. Please do not
hesitate to contact Diana Fontani at extension 6087 for any additional information.
Agendaltern R9L
I Date 3-9-/i
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MIAMIBEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33 139, www.rniarnibeachfl.gov
COMMISSION MEMORANDUM
TO: Mayor Matti Herrera Bower and Members of the City Commission
FROM: Jorge M. Gonzalez, City Manager &
DATE: March 9, 201 1
SUBJECT: DISCUSSION REGARDING A RESOLUTION OF THE MAYOR AND ClTY
COMMISSION OF THE ClTY OF MIAMI BEACH, FLORIDA, EXPRESSING
OPPOSITION TO SENATE BlLL 476 AND HOUSE BlLL 883, WHICH
NEGATIVELY IMPACT THE CITY'S ABILITY TO ADDRESS THE IMPACTS
OF THE SHORT-TERM RENTAL OF RESIDENTIAL PROPERTIES BY
DEFINING THE TERM "VACATION RENTAL" AND FURTHER ATTEMPT TO
PREEMPT LOCAL AUTHORITY TO PROHIBIT OR REGULATE VACATION
RENTALS IN A MANNER DIFFERENT THAN RESIDENTIAL PROPERTIES.
ADMINISTRATION RECOMMENDATION
Adopt the Resolution.
ANALYSIS
The City of Miami Beach has been taking steps to regulate short term rental of homes
and apartments, in order to address the negative impacts these activities may have upon
residential neighborhoods. After much discussion and investigation, Ordinance No.
2009-3629 was approved on February 25, 2009, which clarified that in single-family
zoning districts, short-term rentals of less than six (6) months constituted transient or
hotel occupancy, and were prohibited. This codified a previously issued Planning
Director's interpretation (Administrative Interpretation 00-2, February 29, 2000) which
was based upon the limitation by the existing zoning and Comprehensive Plan of any
main permitted use within these single-family districts other than single-family residential
dwellings, other applicable land development regulations, and existing resort tax
legislation requiring such taxes to be paid for transient usage of less than six months.
On June 9, 2010, the Mayor and City Commission adopted Ordinance No. 2010-3685,
which amended the Land Development Regulations (LDRs) to prohibit short term
transient rental of apartment units in those low-intensity residential zoning districts which
did not permit hotels. Leases in these limited districts are now limited to a minimum of
six months and one day.
The ordinance also contained a legalization provision which identified a small number of
properties that would be eligible for short term rental of apartment units within the
specified area based upon proof of previous short term rentals according to a specific
formula. For apartment buildings of four or more units (all of which are required to
register for resort tax with the City regardless of short or long term occupancy) the
Agenda Item A9M
Date 3-9-11
Commission Memorandum
March 9, 201 1
Oppose Senate Bill 476 and House Bill 883
Page 2
property must have been A) registered with the City for Resort Tax, and have made a
Resort Tax payment as of August 31, 2009; B) have had City of Miami Beach Resort
Tax taxable room revenue equal to at least 50% of total room revenue over the last two
year period covered by such payments, and C) be licensed by the State of Florida as a
Transient Apartment Building as of August 31, 2009. For resort condominiums, which
can be a number of units in one building, or several units in different buildings, the same
requirements apply as for apartment buildings above. For properties with less than four
units, the property must have been licensed by the State of Florida as a resort dwelling
as of February I, 2009.
In Senate Bill 476 and House Bill 883 (the "Bills"), which have been filed for the 2011
Florida Legislative Session, make amendments to Chapter 509, Florida Statutes. These
bills have apparently been filed in response to complaints from vacation-rental home
owners in Southwest Florida, and are designed to preempt any future efforts to regulate
vacation homes as if they were hotels or motels.
The bills include the following amendments:
Redefine a "Transient Public Lodging Establishment" as any unit, group of units,
dwelling, building, or group of buildings which is rented to guest more than three
times in a calendar year for a period of less than 181 days (currently 30 days).
This definition is consistent with the Planning Director's interpretation which was
codified as part of Ordinance 2009-3629, that rental of a home for less than 6
months constituted a transient use.
Includes "Vacation Rentals" in the definition of Public Lodging Establishment and
defines a Vacation Rental as any unit or group of units in a condominium,
cooperative, or timeshare plan or any individually or collectively owned single
family, two-family, three-family, or four-family dwelling house or dwelling unit that
is also a transient public lodging establishment (rented for less than 181 days
more than 3 times per year).
Attempt to preempt local authority by mandating that Vacation Rentals shall be
deemed residential property that may not be prohibited or treated differently than
other residential properties based solely on their classification, use, or
occupancy. This amendment would limit regulations or restrictions of short-term
rentals to restrictions and regulations that also apply to other (non-short-term
rental) residential properties. For example, if the City permits residential use in a
district, short-term rentals must be permitted in that district and they cannot be
treated any differently than other residential property.
Applies the existing exemptions related to bathroom fixture requirements,
providing bathroom soap and clean towels, and linens.
Exempts Vacation Rentals from the mandatory annual or biannual inspections
required of other public lodging establishments. Vacation Rentals shall be made
available for inspection upon request by the Division of Hotels and Restaurants.
Operators of properties that are classified as Vacation Rentals must apply for
and receive a license from the Division of Hotels and Restaurants prior to the
commencement of operation.
In summary, the legislation confirms that leases of less than 181 days constitute
transient use, and requires owners of Vacation Rentals to receive a license as a
Transient Public Lodging Establishment from the Division of Hotels and Restaurants
Commission Memorandum
March 9, 201 1
Oppose Senate Bill 476 and House Bill 883
Page 3
(confirming that resort tax is due on rentals of the property). However, the bills authorize
the owners of condominium and cooperative units, single-family homes, duplexes and
four-plexes to lease their units for periods of less than 181 days, and the bill further
attempts to prohibit the City from restricting such a use, or from treating short-term
rentals differently than other residential properties are treated based on their
classification, use, or occupancy.
CONCLUSION
The Administration recommends that the Mayor and City Commission adopt the
attached resolution opposing Senate Bill 476 and House Bill 883.
Attachment
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND ClTY COMMISSION OF
THE ClTY OF MIAMI BEACH, FLORIDA, EXPRESSING
OPPOSITION TO SENATE BlLL 476 AND HOUSE BlLL 883,
WHICH NEGATIVELY IMPACT THE CITY'S ABILITY TO
ADDRESS THE IMPACTS OF THE SHORT-TERM RENTAL OF
RESIDENTIAL PROPERTIES BY DEFINING THE TERM
"VACATION RENTAL" AND FURTHER PREEMPT LOCAL
AUTHORITY TO PROHIBIT OR REGULATE VACATION
RENTALS IN A MANNER DIFFERENT THAN RESIDENTIAL
PROPERTIES.
WHEREAS, Senate Bill 476 and House Bill 883 (the "Bills") define "Vacation
Rental" as any unit or group of units in a condominium, cooperative, or timeshare plan or
any individually or collectively owned single family, two-family, three-family, or four-
family dwelling house or dwelling unit that is also a transient public lodging
establishment; and
WHEREAS, the Bills attempt to preempt local authority by mandating that
Vacation Rentals shall be deemed residential property and may not be prohibited or
treated differently than other residential properties based solely on their classification,
use, or occupancy; and
WHEREAS, if passed, the Bills would severely restrict the City's ability to
address the negative impacts associated with short-term rentals; and
WHEREAS, the Land Development Regulations ("LDRs") are designed to protect
and preserve the identity, image, environmental quality, privacy, attractive pedestrian
streetscapes, and human scale and character of the City's residential neighborhoods
and buildings and to encourage and promote construction that is compatible with the
established neighborhood context; and
WHEREAS, the RM-1, RM-PRD, RM-PRD-2, RPS-1 and RPS-2, CD-1, RO, RO-
3, and TH zoning districts do not permit hotel uses, except for the West Avenue Bay
Front Overlay District, a specified section of the RM-1 district in North Beach, Bed and
Breakfast Inns in the RM-1 district in historic districts, and apartment hotels in the RPS-1
and RPS-2 districts; and
WHEREAS, the LDRs define "hotel unit" as "a room, or group of rooms, ...,
intended for rental to transients on a day-to-day, week-to-week, or month-to-month
basis, not intended for use or used as a permanent dwelling and without cooking
facilities," though this definition includes a suite hotel unit, which the code defines as
including cooking facilities; and
WHEREAS, therefore the City Code treats residences leased in the City on a
day-to-day, week-to-week, or month-to-month basis as a hotel unit and transient
occupancy; and
WHEREAS, the City has determined that there is a potential for harm if transient
rentals are permitted without regulations protecting against adverse external effects of
such use or prohibited in certain instances; and
WHEREAS, single family, multifamily, and townhome unit owners' sense of
community and privacy would be compromised by unregulated and unrestricted
commercial and transient use of single family homes, and units in multifamily buildings,
and neighborhoods of both kinds, respectively; and
WHEREAS, single family, multifamily and townhome unit owners have
reasonable expectations of a community of permanent neighbors and owners and the
privacy such a community entails; and
WHEREAS, the privacy and ambience of such single family, multifamily and
townhome residential buildings and areas are materially undermined by unregulated and
unrestricted transient rentals; and
WHEREAS, the values associated with single family, multifamily and townhome
residential areas can only be preserved by very limited and controlled commercial and
transient use of residences, if at all; and
WHEREAS, based upon the factors listed above, any relaxation of the current
LDRs with respect to short term rentals in single family and multifamily zoning districts
are local decisions that must be limited in size and scope to specifically defined
neighborhood areas, only one of which has undertaken a process of examining the short
term rental issue and come to a neighborhood consensus with regards to the advisability
and desirability of the introduction of these uses into those neighborhoods.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City
Commission hereby express opposition to Senate Bill 476 and House Bill 883, which
define the term Vacation Rental and attempt to preempt local authority to prohibit or
regulate Vacation Rentals in a manner different than residential properties
PASSED AND ADOPTED THIS DAY OF ,2011.
ATTEST:
CITY CLERK
APPROVED AS TO
MAYOR
Florida Senate - 2011
By Senator Evers
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2-00687-11 2011476 -
A bill to be entitled
An act relating to public lodging establishments;
amending s. 509.013, F.S.; revising definitions;
amending s. 509.032, F.S.; conforming provisions to
changes made by the act; providing that vacation
rentals are residential property for purposes of
provisions related to the treatment of such
properties; amending s. 509.101, F.S.; requiring that
the operator of a vacation rental retain any advance
payment or deposit made for the vacation rental until
the occupancy begins or is cancelled; amending s.
509.221, F.S.; clarifying that vacation rentals are
exempt from certain sanitary rules; amending s.
509.241, F.S.; clarifying an exemption from licensure
for condominium associations that do not own vacation
rentals; amending s. 50.9.242, F.S.; providing that
public lodging establishments formerly classified as
resort condominiums and resort dwellings are
classified as vacation rentals and defining the term
"vacation rental"; amending s. 509.251, F.S., relating
to license fees; conforming provisions to changes made
by the act; deleting an obsolete provision; amending
s. 509.291, F.S.; increasing the membership of an
advisory council to the Division of Hotels and
Restaurants of the Department of Business and
Professional Regulation; providing for the Florida
Vacation Rental Managers Association to appoint a
member to the advisory council; providing an effective
date.
.ah
Florida Senate - 2011
Be It Enacted by the Legislature of the State of Florida:
Section 1. Paragraph (a) of subsection (4) of section
509.013, Florida Statutes, is amended to read:
509.013 Definitions.-As used in this chapter, the term:
(4) (a) "Public lodging establishment" includes a transient
public lodging establishment as defined in subparagraph 1. and a
nontransient public lodging establishment as defined in
subparagraph 2.
1. "Transient public lodging establishmentN 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 a period of less than
181 ~crlods cf less th;n 39 - days cz 1 c~lecdsr mzth, ~hichc-;~~
l-zs, or which is advertised or held out to the public as a IU IL
place regularly rented to guests.
2. "Nontransient 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
for periods of at least - 181 36. days cr 1 cslcnd;: L..u~th,
AichcYLr is Icss, or which is advertised or held out to the
public as a place regularly rented to guests for periods of at
least 181 38 days -.
License classifications of public lodging establishments, and
the definitions therefor, are set out in s. 509.242. For the
purpose of licensure, the term does not include condominium
common elements as defined in s. 718.103.
Page 2 of 10
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' Florida Senate - 2011
2-00687-11 2011476 -
Section 2. Paragraph (a) of subsection (2) and subsection
(7) of section 509.032, Florida Statutes, are amended to read:
509.032 Duties.-
(2) INSPECTION OF PREMISES.-
(a) The division has responsibility and jurisdiction for
all inspections required by this chapter. The division has
responsibility for quality assurance. Each licensed
establishment shall be inspected at least biannually, except for
transient and nontransient apartments, which shall be inspected
at least annually, and shall be inspected at such other times as
the division determines is necessary to ensure the public's
health, safety, and welfare. The division shall establish a
system to determine inspection frequency. Public lodging units
. 3 classified as vacation rentals -l~~uzs cr rzssrt
11 : nrr ,,,,,,s are not subject to this requirement, but shall be made
available to the division upon request. If, during the
inspection of a public lodging establishment classified for
renting to transient or nontransient tenants, an inspector
identifies vulnerable adults who appear to be victims of
neglect, as defined in s. 415.102, or, in the case of a building
that is not equipped with automatic sprinkler systems, tenants
or clients who may be unable to self-preserve in an emergency,
the division shall convene meetings with the following agencies
as appropriate to the individual situation: the Department of
Health, the Department of Elderly Affairs, the area agency on
aging, the local fire marshal, the landlord and affected tenants
and clients, and other relevant organizations, to develop a plan
which improves the prospects for safety of affected residents
and, if necessary, identifies alternative living arrangements
Page 3 of 10
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P
Florida Senate - 2011
2-00687-11 2011476 -
such as facilities licensed under part I1 of chapter 400 or
under chapter 429.
(7) PREEMPTION AUTHORITY.-
(a) The regulation of public lodging establishments and -
public food service establishments, including, but not limited
to, the inspection of public lodging establishments and public
food service establishments for compliance with the sanitation
standards adopted under this section, and the regulation of food
safety protection standards for required training and testing of
food service establishment personnel are preempted to the state.
This subsection does not preempt the authority of a local
government or local enforcement district to conduct inspections
of public lodging and public food service establishments for
compliance with the Florida Building Code and the Florida Fire
Prevention Code, pursuant to ss. 553.80 and 633.022.
(b) Notwithstanding any other provision of law to the
contrary, vacation rentals, as defined in s. 509.242 (1) (c) , are
deemed residential property and may not be prohibited or treated
differently than other residential properties based solely on
their classification, use; or occupancy.
Section 3. Present subsection (3) of section 509.101,
Florida Statutes, is renumbered as subsection (4), and a new
subsection (3) is added to that section, to read:
509.101 Establishment rules; posting of notice; food
service inspection report; maintenance of guest register; mobile
food dispensing vehicle registry.-
(3) It is the duty of each operator of a vacation rental,
f
deposit paid by a guest until the occupancy begins or is
Page 4 of 10
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Florida Senate - 2011
2-00687-11 2011476 -
cancelled pursuant to any rental agreement or the operator's
cancellation rules.
Section 4. Subsection (9) of section 509.221, Florida
Statutes, is amended to read:
509.221 Sanitary regulations.-
(9) Subsections (2), (5), and (6) do not apply to any
facility or unit classified as a vacation rental or
LA117;w nontransient apartment, c- as
described in s. 509.242 (1) (c) , (d) , and (9) .
Section 5. Subsection (2) of section 509.241, Florida
Statutes, is amended to read:
509.241 Licenses required; exceptions.-
(2) APPLICATION FOR LICENSE.-Each person who plans to open
a public lodging establishment or a public food service
establishment shall apply for and receive a license from the
division prior to the commencement of operation. A condominium
association, as defined in s. 718.103, which does not own any
. , units classified as vacation rentals ==sort coI&e%ln~-wts under
s. 509.242 (1) (c) - is s+&& not k required to apply for or
receive a public lodging establishment license.
Section 6. Subsection (1) of section 509.242, Florida
Statutes, is amended to read:
509.242 Public lodging establishments; classifications.-
(1) A public lodging establishment shall be classified as a
. 0 hotel, motel, resort cozhln~-* nontransient apartment,
transient apartment, roominghouse, bed and breakfast inn, or
vacation rental rcsort +":elling if the establishment satisfies
the following criteria:
(a) Hotel.-A hotel is any public lodging establishment
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Florida Senate - 2011
2-00687-11 2011476 -
apartment or roominghouse is a building or complex of buildings
in which more than 25 percent of the units are advertised or
held out to the public as available for transient occupancy.
(f) Roominghouse.-A roominghouse is any public lodging
establishment that may not be classified as a hotel, motel,
resort condominium, nontransient apartment, bed and breakfast
inn, or transient apartment under this section. A roominghouse
includes, but is not limited to, a boardinghouse.
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cr collectl-=el;. mr;cd or;: famlli.', t;:3 fa=~ly, thx
6-7,- 6- 4 1 TI Arrnl 1: nn 'h-ry-n rnY. &:cll>r, 'dr,lt ::hlsh 2s FCZ~C~ Em+e
VUI LUIII-IIY UYYbIIAIIY LLu-Ub UL
thzn three times in a cslccA-r ycsr for i?c=;;ds of than 39
days or 1 calcr,dsr month, ::hichcyc= 2s less, or ::h>ch 23
&zcrtiscd or held cut to the p~kllc 2s 2 plzcc regularly rmtcd
,- ,,-:,A, -F i--- +h-- 2n -- l c;lcr;dar mcth
UL ~LILUUU UL ILIJU b.IAUII Jw UUYIJ VL
(g)+k+ Bed and breakfast inn.-A bed and breakfast inn is a
family home structure, with no more than 15 sleeping rooms,
which has been modified to serve as a transient public lodging
establishment, which provides the accommodation and meal
services generally offered by a bed and breakfast inn, and which
is recognized as a bed and breakfast inn in the community in
which it is situated or by the hospitality industry.
Section 7. Subsection (1) of section 509.251, Florida
Statutes, is amended to read:
509.251 License fees.-
(1) The division shall adopt, by rule, a schedule of fees
to be paid by each public lodging establishment as a
prerequisite to issuance or renewal of a license. Such fees
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' Florida Senate - 2011
2-00687-11 2011476 -
shall be based on the number of rental units in the
establishment. The aggregate fee per establishment charged any
public lodging establishment shall not exceed $1,000; however,
the fees described in paragraphs (a) and (b) may not be included
as part of the aggregate fee subject to this cap. Vacation
8. rental %sort eo,-lnlaFR units within separate buildings or at
separate locations but managed by one licensed agent may be
combined in a single license application, and the division shall
charge a license fee as if all units in the application are in a
single licensed establishment. Acsort ch:?llilnlg units ~2;. b,?
. . l:nnmpn~ :- tkn -wnncr 2s zon&LLLln;urL 7uz;ts. The fee
I_L~bLAUL.U L-LI C-llL u
schedule shall require an establishment which applies for an
initial license to pay the full license fee if application is
made during the annual renewal period or more than 6 months
prior to the next such renewal period and one-half of the fee if
application is made 6 months or less prior to such period. The
fee schedule shall include fees collected for the purpose of
funding the Hospitality Education Program, pursuant to s.
509.302, which are payable in full for each application
regardless of when the application is submitted.
(a) Upon making initial application or an application for
change of ownership, the applicant shall pay to the division a
fee as prescribed by rule, not to exceed $50, in addition to any
other fees required by law, which shall cover all costs
associated with initiating regulation of the establishment.
(b) A license renewal filed with the division within 30
days after the expiration date shall be accompanied by a
delinquent fee as prescribed by rule, not to exceed $50, in
addition to the renewal fee and any other fees required by law.
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A license renewal filed with the division more than 30 but not
more than 60 days after the expiration date shall be accompanied
by a delinquent fee as prescribed by rule, not to exceed $100,
in addition to the renewal fee and any other fees required by
law.
Section 8. Subsection (1) of section 509.291, Florida
Statutes, is amended to read:
509.291 Advisory council.-
(1) There is created an 11-member - advisory
council.
(a) The Secretary of Business and Professional Regulation
shall appoint seven voting members to the advisory council. Each
member appointed by the secretary must be an operator of an
establishment licensed under this chapter and shall represent
the industries regulated by the division, except that one member
appointed by the secretary must be a layperson representing the
general public and one member must be a hospitality education
administrator from an institution of higher education of this
state. Such members of the council shall serve staggered terms
of 4 years.
(b) The Florida Restaurant and Lodging Association shall
designate one representative to serve as a voting member of the
council. The Florida Vacation Rental Managers Association shall
designate one representative to serve as a voting member of the
council. The Florida Apartment Association and the Florida
Association of Realtors shall each designate one representative
to serve as a voting member of the council.
(c) Any member who fails to attend three consecutive
council meetings without good cause may be removed from the
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council by the secretary.
Section 9. This act shall take effect July 1, 2011.
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