Florida bill would effectively ban sex offenders from vacation rentals.
Florida Bill Tries to Ban Sex Offenders from Vacation Rentals
A new bill concerning vacation rentals, HB 773, sponsored by Rep. Mike La Rosa, R-St. Cloud, is making its way through the Florida House of Representatives. (https://www.myfloridahouse.gov/Sections/Documents/loaddoc.aspx?FileName=768073.docx&DocumentType=Amendments&BillNumber=0773&Session=2018)
The bill, among other things, would require vacation rental owners to give 24-hour notice to residents who live within 1,000 feet of the properties that sex offenders will be staying at the rentals.
While it does not expressly ban sex offenders from vacation rentals in Florida, its effect would be that it would require vacation rental owners to inquire whether a prospective renter was a sex offender and then they literally have to notify every neighbor within a 1000 foot radius of their presence! Who would rent to a sex offender under those conditions?
AirBnB offenses committed by individuals not on registry
As with most of these bills, there’s not been a swath of “issues” with sex offenders swarming on vacation rentals and the only reported instances of sexual assault relating to AirBnB or similar programs have been from people not on the registry.
Not sure what the purpose of this ill-informed legislator’s bill is, aside from another piece of “feel good” toilet paper that will give the public a false sense of security.
hmm. so .. i wonder if ” vacation rental ” would encompass hotels as well??
Not all of us are subject to the 1000 ft restriction. How does that work then? Its also not up to a private entity to notify the community its the reason for the registry l.e. Is the only one that can use it to take an action. Surprised at this
This bill doesn’t restrict the temporary residence. It just requires the owner of the vacation rental to provide the notice. It’s a ridiculous bill!
Write your legislator!
What i mean is that if im not subject to the 1000ft rule why then notify those around that im there? As i read it it states if the unit is within the 1000 restriction it needs to notify and be notifies that im an rso. But if im not subject to it why notify? Been writing alot to these people based on ignorance…… we really need to keep this up its a small price to pay.
That’s what I am wondering as well. The intent does not seem to be to encompass hotels, but there is no definition provided for vacation rental in the text of the bill. I can certainly see some Gomer Pyle stretching the meaning to encompass hotels as well and, frankly, the way the bill is written, the argument is easy to make.
Florida just keeps getting better and better and make you want to pack up your bags and get out of this damn state between Governor Scott ,Pam Bondi, Ron book ,Lauren book and all these idiot lobbyist and people running for office and are in office in Tallahassee it’s a damn shame Florida needs to wake up and get with the times we as registered citizens need to stand up for ourselves band together just like the students are in this tragic school incident here in Florida and they need to hear our voice they are so worried about protecting our children which I understand but when you have the lobbyist & the people sitting in Tallahassee not wanting to Ban assault weapons what is wrong with this Picture ?? So as an 18-year-old here in the state of Florida can purchase a rifle but you need to be 21 to purchase a handgun what the hell is wrong with that? we as registered citizens need to wake up get off our asses let’s band together and let’s do something this is getting really really out of control I’m sorry for venting but I’m so tired of hearing about these stupid Laws they are wanting to pass. Makes no SENSE!!!
Exactly the problem Mona. Everyone wants to talk about doing something as a group but when it comes time to do it they either don’t show up or they have other things to do. If we don’t stand and fight for something, we don’t stand for anything except lip service. Everyone except FAC, Narsol and a few other groups are fighting for us, but we, as registered citizens and Americans, just sit back and let the government take away ALL our rights without doing anything. Most registrants feel as if they are broken by the system and I’m wondering what it’s going to take to light a fire under their backsides and do something about it.
This is so crazy. What is the root of these dicision makings? These laws seem so random and unnecessary. Aggrivates me.
What would happen if a RSO just lied to the property owner?
Does the landlord have to do a background check on EVERYONE who tries to rent from him?
And, yeah, would this apply to hotels?
If I read the statute correctly,
“…must register at the sheriff’s office in the county where the sex offender is temporarily residing following the process set forth in s.13 775.21, 48 hours prior to arrival at a vacation rental…”
Does that state that the vacationer MUST register in the county of travel 48 hours before they actually arrive? The key word there to me is temporarily, meaning not the home county. That would be impossible. Did I miss something?
This is just a Bill, not a Statute YET.
Yes, it seems it requires you have to register 48 hours BEFORE staying at a vacation rental regardless of how long you stay there! This is insane!
Ok so we register before we get there ….. thats impossible if were not at the address yet so is falsifying as the address isnt ours yet until we begin the occupancy. Does anyone proof read these things before they put them put there for voting????
Guess its vacationing out of florida!! We cant cruise we cant disney we cant travel……. how is this anything but ridiculous?
We already couldn’t cruise Disney or stay on property unless paying cash because they cross reference all online bookings. THat was a corporate decision by Disney which I personally experienced when I bought online annual passes and was escorted off property with my children with a trespass warning. This however would be a state mandate, presumably with new felony sanctions. To make matters worse, they refused to refund our annual passes, even though we were never granted entry to the park.
I’d dispute the credit card transaction if paid by card. Or consider suing if paid with cash.
I did dispute with my CC. They eventually refunded my ticket only but because my children’s tickets were scanned and they weren’t turned away (even though I was their only parental supervision and I wasn’t permitted entry), the credit card company ruled with Disney and refunded only my portion of the ticket. I was out several hundred dollars but since my kids each had a non refundable, several hundred dollar annual pass, I just gave them to my ex wife so she could take them. At least the kids got something out of it, but being turned away with your small children is heartbreaking.
We ended up going to another major park nearby and had a great time. As far as I know Disney is the only one that screens any guest that buys tickets or lodging online.
If you want to visit Disney you cannot buy an annual pass. Only day passes. It becomes more expensive, but everything is more expensive for registrants.
I stayed at a 4 star hotel resort once with my family about 4 years ago celebrating my grandmas 90th birthday. We were only there 2 days – about 46 hours give or take minutes to the exact 48 hours. You know what happened ?? Nothing ! We all had a great time like a normal family. Beach, Pool, drinks and food, jet skis, dancing, meet and mingle with other families or people. etc. etc. It was great! because this is what generally happens when you vacation. This bill is ridiculous.
But if its less then 5 days we dont anyway. Im lost. This just may not go anywhere as itll just make a mess even for the legislature and law enforcement. If 5days we need to register location.
as of now it is 5 days, but if SB 1226 / HB 1301 pass, it would become 3 days
And if this bill passes it won’t matter if we rent the room for 5 minutes. 48 hour pre checkin notification with 24 hour community notification. The bill is so poorly worded it makes less sense every time I read it.
So if i live in lake co. i dont need to advise as im in my ouwn county?
If you are at a different address you would.
For more than the 5 days or instantly . Which rule supercedes? Then two days prior as well?
The bill’s intent is clearly to banish registrants. There is absolutely no denying that is the intent.
the effect of the bill is to make it impossible for registrants.
But …… it doesn’t apply to hotels, motels, inns and resorts? Or are they required to inform all other guests staying in their facilities?
My reading of the actual current bill would include all Hotels and Motels
The new registration laws will not stop until the 850,000 RSO’s organize. Imagine all 850,000 RSO’s moving to Fort Lauderdale and saying, “lock me up!” Their entire judicial system, jail system and prison system would collapse.
Remember its not just 850,000 multiply that by at least 3 to include immidiate family this affects and then some…..
So…how do we plan to fight this. Again it afflicts families in addition to registrants. I gotta say…I hate Florida. The 10th most corrupt state in the Union.
Seems to me that Florida should eliminate the sex offender bullshit and concentrate on other problems. One comes immediately to mind…school shooting perhaps?
How about putting ALL of the MONEY that has been WASTED on the hateful profiling Un-American sex offender “laws” and use that money and other resources to work on other problems!
SexOffenderTruth.com
A quick check of the Florida Statutes:
http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0500-0599/0509/Sections/0509.242.html
defines “vacation rental”:
(c) Vacation rental.—A vacation rental is 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.
But they specifically now state hotels. So do they post a sign with your picture and room number? Dont see how this even remotely does anything. Are we not to live near hotels or rental properties soon? Will shops deny service to thieves? Banks not provide services to fraudsters? Wayyyyy to weird….
Where do they state hotels? I don’t know that is correct. Only vacation rentals.
Here is the link to the current bill look at the pdf bill text also the above article states a public lodging and requires them to also ask you if you are a sexual predator! To inform All guests! And so on
“The committee also approved an amendment from Rep. David Santiago, R-Deltona, that would require notification of all hotel guests if a sexual predator is staying at a property. It would require the hotel to ask guests at check-in if they are sexual predators.”
https://www.flsenate.gov/Session/Bill/2018/00773
The current full pdf text now states “Vacation Rentals”
https://www.flsenate.gov/Session/Bill/2018/773/BillText/c1/PDF
So it seems hotels and motels are only restricted as to predators and residential vacation rentals are restricted as to offenders? Am I reading this correctly?
You are not reading it correctly.
This is a BADLY written bill that uses “predator” and “offender” synonymously without considering they have different definitions.
Nowhere does it refer to Hotels and Motels – I’m not sure how that came up.
The Bills both the House And Senate are full of changes and very confusing. It’s important to read both as they eventually will be merged (Public lodging and Vacation Rentals are both used in the Bills) Current Senate Bill says
Redlines didn’t paste over but full text can be reviewed at
http://www.flsenate.gov/Session/Bill/2018/1400/BillText/c2/HTML
509.242 Public lodging establishments; classifications.—
1323 (1) A public lodging establishment is shall be classified
1324 as a hotel, motel, nontransient apartment, transient apartment,
1325 bed and breakfast inn, or timeshare project, or vacation rental
1326 if the establishment satisfies the following criteria:
1327 (a) Hotel.—A hotel is any public lodging establishment
1328 containing sleeping room accommodations for 25 or more guests
1329 and providing the services generally provided by a hotel and
1330 recognized as a hotel in the community in which it is situated
1331 or by the industry.
1332 (b) Motel.—A motel is any public lodging establishment
1333 which offers rental units with an exit to the outside of each
1334 rental unit, daily or weekly rates, offstreet parking for each
1335 unit, a central office on the property with specified hours of
1336 operation, a bathroom or connecting bathroom for each rental
1337 unit, and at least six rental units, and which is recognized as
1338 a motel in the community in which it is situated or by the
1339 industry.
Anonymous
The statute includes “vacation rentals” in the classification of Public Lodging Establishments, but distinguishes them from Hotels, Motels, etc.
(a) Property owners who choose to use their property as a
128 vacation rental have constitutionally protected property rights
129 and other rights that must be protected, including the right to
130 use their residential property as a vacation rental;
131 (b) Vacation rentals play a significant, unique, and
132 critical role in Florida’s tourism industry, and that role is
133 different from that of public lodging establishments;
If you look at the amendments and the other bill in the senate they change the definition it’s scary and appears to cover all Hotels,Motels and Resorts/condos.
States hotel specifically but refers only to predators in that case.
Those who come up with this stuff are usually hiding something in their own closets. Has there been any more investigation into the recent Florida Legislature sex scandal??? It’s all about ‘deflecting’.
On another front, Second Chances Florida is NOT relenting in their quest to ban RSO’s from voting. Their Twitter account bears witness to their hypocrisy:
https://twitter.com/YesTo2ndChances
And, it appears the ACLU is posting on the website in support of the Amendment “as is”. This really doesn’t need a public vote. The Florida Legislature could simply use the power of the pen to remedy this issue. Oh, wait, their too busy sitting on their thumbs trying to conjure up more and more idiotic laws affecting a subclass of Americans.
Dont get it the more i think on it: why a different ordinace than what it already is if we visited someone in a different juristiction? And also how do we register somewhere before we get there? Preregistrations?
Register in person 2 days in advance of your arrival. Makes perfect sense.
I have an attorney friend that said this could be an extremely lucrative business. Have a sex offender call a beach rental. Ask when their next available date is. Ask price, and more…get the clerks’ name…write all of this down…when they ask you if you are a RSO, say yes. If they cancel the reservation or whatever…refer this info to your attorney partner…file suit in federal court for discrimination. Split the proceeds…there must be thousands of potential law suits out there just waiting to be picked. To NOT be discriminated against is a federal law…not state…so their ruling supersedes ANY state law…I’ll bet those representatives never thought that we could be so smart…
I’ve not yet seen a case of “discrimination” being brought by those on the Registry for reasons of being on the Registry. It would be wonderful if this WERE a lucrative enterprise, and I would love to be wrong, but I think that the chance of this being actionable, let alone “lucrative,” is, for now, remote.
Registrants are not a protected class. It’s unlikely a discrimination claim would win.
Did you see the bizjournals link in the comments above with a quote from the legislator suggesting he could add language that would allow the property owner to discriminate against the registrant rather than comply with the statute, saying it would “certainly make things safer”
Yes, this would certainly make it the weirdest state to rent a hotel room.
I’m familiar with the adage “Ignorance of the law is no excuse”, but with all these different laws in different states and jurisdictions, how is one supposed to be aware of them all? They appear to be perfectly designed traps because who can possibly know all the restrictions everywhere.
Has Florida banned registered sex offenders from visiting grocery stores or restaurants? Not yet? I’m certain that’ll be the next step: unable to get any food. They already can’t get any shelter. Man, that is one f’ked up State!!!
Wanted 1 Politician with an ounce of common sense and a back bone!
This is starting to look worse https://www.bizjournals.com/jacksonville/news/2018/02/23/vacation-rental-bill-narrowly-passes-florida-house.html
I am confused in the bill as the summuary states sexual predator notification then later goes into specific sexual offenders. So does it cover everybody? Predators? Or people with child related offenses. It appears to be a bad Bill regardless and part of a bigger one that appears to be getting pushed quickly bypassing public review and comment.
The amendments need a closer look also as they are out of control. They seem to expand this law to any vacation rental and even properties not covered by the standard Florida definition. They provide penalties for non compliance and legal protection to exclude offenders from suing for rejection! They require a log book to be kept and links to FDLE on rental listings.
This could effictevly ban any SO from ever going on vacation in Florida outside his own property in my opinion.
Florida has no interest in protecting children. All they care about is harassing people who are listed on their Nanny Big Government Registries. They love it when people who have shot children live next door to schools. Then they can shoot children from their front porches.
F Florida. Do anything legal to harm anyone who supports the Registries.
So now private business owners will be roped into these registry laws or face penalties if they don’t comply. Looks like the Nurember laws, you get penalized for not disclosing a jew in you building.
if a hurricane or another disaster happens or your house catches fire and you are prohibited from shelters, you will have to find a hotel that will accept you then you must notify LEO then i guess you must stay in your vehicle for 48 hours not to violate the law and what if it’s a weekend or 3 day weekend with a holiday you would be waiting 5-6 days to be legal with notice required
Well now you cant stay in a hotel if they get what they want! What about our families?????
Why does the state of FL keep beating around the bush with their SO laws? Why don’t they just go ahead and pass a law that kicks all persons convicted of a sex crime out of the state? Just stand up, be men, and say it—GET OUT of FLORIDA!!! They should stop torturing these people with the nickle and dime legislation—can’t do this, can’t do that, can’t live here, can’t live there—and just put them all out. Either one or two reasons: 1) the state doesn’t have the balls to do so, or 2) the state needs these people so they can have them to torture, like the old Kings of mid evil Europe that kept their enemies chained to the wall in the castle’s dungeon until their flesh rotten off. I think these people, i.e., state legislators, are just that evil, just that sadistic.
I took the “hint” and left the state in 2005 and although I have NOT stepped foot in the state…nor will I ever return for any reason, I am still listed on the Florida website!
Why, easy, doing so keeps the numbers of “sex offenders” that Florida can claim to have artificially inflated to give the “fear factor” more punch when they quote the “number of sex offenders listed on the Florida registry”!
Guess what…it’s just to scare parents…keep state funding high…and give the appearance that there are so many more than there really are.
If you are out of the state of Florida yet still listed then do not wait…Join the class action suit by contacting lawyer Ron Kliener (954) 540-0170 and make a donation to the planned legal action to get off of the Florida registry!
Force the state to make the changes. This will help ALL those registered in Florida as it was be a major blow to the credibility and usefulness of the registry and clearly illustrate that it is a useless waste of public funds and frankly just government and law enforcement propaganda and nothing more!
SexOffenderTruth.com
When will Florida’s legislators pass this into law? It seems a foregone conclusion that it will be passed. I’m asking as someone who lives in Michigan and visits Florida once a year. What is the time frame for a vote and does it go into effect immediately?
Josh, why do you say it seems it is a foregone conclusion that it will be passed? There are only 2 weeks in legislative session and it’s not close to the finish line.
Sorry for the pessimistic assumption! Common sense rarely prevails in these pieces of legislation….my family enjoys our yearly trip to your beautiful state..just frustrated that it may be taken away…
@fac
Where does this currently stand? I thought I saw a post saying that someone had effectively killed or de-railed this bill…if this is still alive and a possibility…then this is just as bad as the 3 day bill and will effectively finish off out of state registrants visiting Florida completely
It died – did not pass.
Oh! Been worrying about that. Odd i missed it! Good news
It seems that this bill died and didn’t pass, but it got me thinking. Therefore, have a couple of questions regarding vacation rentals at the beach:
Say you want to take a vacation…
If you are no longer on probation and you stay within the rules of temporary residence regarding the number of days, are you still restricted to finding something that is greater than 1000 feet from a restricted area? (park, school, daycare, etc). Most of the vacation rentals I have researched have a community pool and at least on the East Coast, the straight line is usually within 1000 feet of the borders of the entrance to a park and the border of the parking lot, but the door to the specific unit is greater than 1000 feet. I don’t know if that makes sense or not?
Also, would you be under any specific ordinances that county enacted into law, or would it be safe to assume that if you follow the temporary residence rule, you do not need to register since you are just on vacation from the county of your permanent residence. This is all within travel of the State of FL.
We need to stand up and speak our minds and common sense. Most Floridians in high government are more corrupt and dangeruous then 95% of rso. I honestly belive there are a good amount of average Florida citizens that have enough common sense that would agree that the laws for sex offenders has gone overboard .We need to swallow our shame and stand up to these bullies!!! It’s mind-boggling how this can happen in the country like ours. Regardless of what you were accused of , we all make mistakes and what’s right is right and to treat citizens The way the state of Florida does is a true embarrassment and should be illegal . We all need to stand up for reform reform reform !!!! And to all the local governments that make it even more complicated, I hope they all end up in jail themselves. It’s curroption in one way or another. What’s the Best way for government to hear our loud voices in 2018?!?!?? Reform reform reform… let’s all organize and be smart so the ones of us that can vote, vote for the right candidate come November elections…who’s the best candidate for us in 2018???? Lets kick the other B****** out of government!!!!! I can vote !!!!
Wow, this is horrible (thx mr obvious right?)
i’m out of state but follow Florida’s movement both in compassion for how much it sucks there in this regard, and selfishly as i’ve had work conferences and vacationing desire there. took my familiy and stayed at a VRBO in florida a year ago, and have always wanted to return. what a depressing turn of events that ‘of course’ FL would come up with legislation to expand punishment (indefinite punishment by the way) under a guise of ‘non-punitive’ notification, and screw over yet another part of lives even for non-floridians.
I thought that the bill passed, unanimously, but Lauren Book pulled it because some of her father’s clients, objected to it? It would have somehow cost them financially.
This bill is long dead.
Not sure why it’s still being discussed.
Florida is ridiculous. I can figure out how they can increase someone’s sentence after it’s already been handled.
It’s like serving your time and then someone knocking on your door years later to tell you that because of a law change, you have to go back and do more time.
All of these rules to keep more and more people out, to keep them down so they can’t climb life’s ladder to the top. Most of these “sex offenders” were just 18 and 19 year old boys with girlfriends who were probably 15 16 17… now he looks like a child molester his whole life…it’s bullshit and very one sided.
For 1 you’re not a psychiatrist child molestation is a scientific term or a diagnosis only doctors can say that now if you get your mother degree they can diagnose someone until then it’s against the law to play doctor
The only thing greater than the Books’ fear and hate of SOs is their GREED.
AIRBNB bans most FELONS now.
I have been an AIRBNB member that lives in New Jersey for over a year. I have already rented twice from them with zero issues in other states. The beginning of Aug I rented a beach-side condo for my family that was driving from Kansas to New Jersey. AIRBNB quickly took my money, the host sent me a contract & I had a confirmed reservation. The day before at 630am I get a email from AIRBNB stating they needed to confirm my identity. They already had my FB information, DOB, Phone# and personal email & address & Credit info. Email sent to me – I have to confirm ID, before my next reservation which was the next day and if I do not they will cancel my reservation. I complied & waited. At 10:26am they email me the following -We regret to inform you that, we made a determination to permanently deactivate your account. The following information was found in a consumer report-Criminal Records Match. Yes I had a conviction in 1998, & listed as a sex offender. Now I find out they banned my wife too since she lives at same address. She will pick any property from any state. She will hit the request booking and then gets an error message. She calls tech support and get the same old story that they will email her with steps to take to correct. Nothing in a week now. Here is AIRBNB response they sent me –
What are the crimes for which you remove users from the platform?
Users with serious criminal histories may be removed or referred for further review if our checks show convictions within a certain time period.
Less serious convictions will never result in removal (such as disorderly conduct or marijuana possession).
Some other crimes may result in removal for a period of 14 years (such as felony burglary or felony larceny) or seven years (such as fraud or property damage) from the date of conviction.
Severe crimes may result in removal for a longer period of time or even permanently (such as murder, terrorism, rape or child molestation).