March 2023 Industry Newsletter - Notes from the CEO

Dear Tourism Partner,

It's hard to believe springtime is almost here. March ushers great weather and daylight savings time. Don't forget to spring forward March 12th! The season is starting to look better all around, our January tax receipts are up 6% compared to last January.  We plan to see increases in the coming months due to demand and most of our product being online again.

The legislative session opened on Tuesday, March 7th  in Tallahassee and legislators are very busy hearing bills in committee. The Sine Die of the session is Friday, May 5, 2023. I would like to take a moment to update you on a bill that affects all of us in the Tourism/Hospitality industry:

Vacation Rentals 
Legislation relating to vacation rentals is back again this year. The main bills pick up where the 
Senate version stopped last Session. 

SB 714 Vacation Rentals by Sen. DiCeglie (R-Pinellas) / HB 833 by Duggan (R-Duval)
SB 714 and similar House bill HB 833 attempts to regulate the vacation rental industry across 
the state. The bills define an advertising platform and require advertising platforms that 
receive payments from guests for the rental of a vacation rental located in Florida must collect 
and remit taxes. 
Section 2 –

1. “Advertising platform” means a person as defined in s. 1.01(3) who:
   1. Provides an online application, software, a website, or a system through which a vacation rental located in this state is advertised or held out to the public as available to rent for transient occupancy;
   2. Provides or maintains a marketplace for the renting of a vacation rental for transient occupancy; and
   3. Provides a reservation or payment system that facilitates a transaction for the renting of a vacation rental for transient occupancy and for which the person collects or receives, directly or indirectly, a fee in connection with the reservation or payment service provided for the rental transaction. 

The bill allows a local government to require the registration of a vacation rental with a local vacation rental registration program, to impose a fine for failure to register under the vacation rental program, and to charge a fee of no more than $50 for processing an individual registration application or $100 for processing a collective registration application.

Section 3 –
Notwithstanding paragraph 

1. 1. a local law, ordinance, or regulation may require the registration of vacation rentals with a local vacation rental registration program. Local governments may adopt a vacation rental registration program pursuant to subparagraph. 3. and impose a fine for failure to register under the vacation rental registration program.  
2. Local governments may charge a fee of no more than $50 for processing an individual registration application or $100 for processing a collective registration application. A local law, ordinance, or regulation may not require renewal of a registration more than once per year. However, if there is a change of ownership, the new owner may be required to submit a new application for registration.

 As a condition of registration, a local law ordinance or regulation may only require the owner or operator of a vacation rental to: submit identifying information about the owner or owner’s 
agent; to obtain a license as a transient public lodging establishment; to obtain all required tax 
registrations, receipts, or certificates issued by the Department of Revenue, a county, or a 
municipal government; to comply with parking standards and solid waste handling and 
containment requirements; to designate and maintains at all times a responsible party who is 
capable of responding to complaints; and to pay in full all recorded municipal or county code 
liens against the property. 

The bills allow for the Division of Hotels and Restaurants under the Florida Department of Business and Professional Regulation to revoke, refuse to issue or renew, or suspend for a period of not more than 30 days a vacation rental for several reasons including: if the operation of the subject premises violates the terms of an applicable lease; if an owner fails to provide proof of registration, if required by local law, ordinance, or regulation; if the registration of the vacation renal is terminated by a local government; and if the premises and its owner are the subject of a final judgement lawfully directing the termination of the premises’ use as a vacation rental.

SB 714 and HB 833 have each been referred to three committees of reference in the House and Senate respectively.

Similar as in previous legislative sessions, there are a few bills regarding vacation rentals filed, and we expect that legislation regarding vacation rentals will have multiple iterations. We will keep you updated on changes as they occur.

Join us Tuesday, May 9th at the Brannon Center from 8:30 a.m. – 10:30 a.m. to celebrate National Travel and Tourism Week. This is a time when travel and tourism professionals celebrate the value travel holds for our economy, businesses, and communities.

We will be hosting a breakfast where we invite you to learn about our visitor profile  and hear from some of the top travel industry professionals. We will also be presenting awards for our Tourism Ambassadors and Sustainable Tourism Champions. This is an event not to miss! 

Please let us know, if you have any questions and if  there is anything we can do to help your business.

We look forward to seeing you soon.

Tourism Touches You