Title: Public Lodging Establishments

Summary: Revising the definition of the term "public lodging establishment" to exclude certain apartment complexes designated primarily as housing for persons at least 62 years of age; providing that the Department of Business and Professional Regulation may require written attestation from the operator of the establishment that the apartment meets specified criteria; authorizing the Division of Hotels and Restaurants to adopt rules, etc.

Full Text:
An act relating to public lodging establishments; amending s. 509.013, F.S.; revising the definition of the term  public lodging establishment  to exclude certain apartment complexes designated primarily as housing for persons at least years of age; providing that the Department of Business and Professional Regulation may require written attestation from the operator of the establishment that the apartment meets specified criteria; authorizing the Division of Hotels and Restaurants to adopt rules; providing an effective date. Be It Enacted by the Legislature of the State of Florida: Section 1. 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 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 days or calendar month, whichever is less, or which is advertised or held out to the public as a 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 days or calendar month, whichever is less, or which is advertised or held out to the public as a place regularly rented to guests for periods of at least days or calendar month. 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. (b) The following are excluded from the definitions in paragraph (a): 1. Any dormitory or other living or sleeping facility maintained by a public or private school, college, or university for the use of students, faculty, or visitors.; 2. Any facility certified or licensed and regulated by the Agency for Health Care Administration or the Department of Children and Family Services or other similar place regulated under s. 381.0072.; 3. Any place renting four rental units or less, unless the rental units are advertised or held out to the public to be places that are regularly rented to transients.; 4. Any unit or group of units in a condominium, cooperative, or timeshare plan and any individually or collectively owned one-family, two-family, three-family, or four-family dwelling house or dwelling unit that is rented for periods of at least days or calendar month, whichever is less, and that is not advertised or held out to the public as a place regularly rented for periods of less than calendar month, provided that no more than four rental units within a single complex of buildings are available for rent.; 5. Any migrant labor camp or residential migrant housing permitted by the Department of Health under ss. 381.008 381.00895.; 6. Any establishment inspected by the Department of Health and regulated by chapter.; and 7. Any nonprofit organization that operates a facility providing housing only to patients, patients  families, and patients  caregivers and not to the general public. 8. Any apartment building inspected by the United States Department of Housing and Urban Development or other entity acting on the department s behalf which is designated primarily as housing for persons at least years of age. The division may require the operator of the establishment to attest in writing that the apartment meets the criteria in this sub paragraph. The division may adopt rules to implement this exclusion. Section 2. This act shall take effect October 1, 2012.