File #: RES 2021-043    Name: Opposing Preemptive Vacation Rental Legislation
Type: Resolution Status: Passed
File created: 2/25/2021 In control: City Commission
On agenda: 2/25/2021 Final action: 2/25/2021
Title: A RESOLUTION OPPOSING PROPOSED SENATE BILL 522 AND HOUSE BILL 219, PREEMPTING THE REGULATION OF VACATION RENTALS TO THE STATE; PROVIDING FOR DISTRIBUTION. (ADDENDUM)
Indexes: Opposing Legislation, Resolution, Vacation Rentals
Attachments: 1. RESOLUTION 2021-043-Opposing Preemptive Vacation Rental Legislation, 2. BACKUP-Senate Bill 522, 3. BACKUP-House Bill 219, 4. BACKUP-Ordinance No. 2021-003-Vacation Rentals
Related files: ORD 2021-003

AGENDA ITEM REPORT

TITLE:

title

A RESOLUTION OPPOSING PROPOSED SENATE BILL 522 AND HOUSE BILL 219, PREEMPTING THE REGULATION OF VACATION RENTALS TO THE STATE; PROVIDING FOR DISTRIBUTION. (ADDENDUM)

 

body

BACKGROUND:

In 2011, the Florida Legislature preempted all local regulation of vacation rentals to the State, grandfathering in only those regulations in place prior to June 1, 2011.   In 2014, the Florida Statutes were amended to permit limited local regulation of vacation rentals to address some of the noise, parking, trash, and life-safety issues created by the proliferation of vacation rentals in residential neighborhoods.  On January 28, 2021, the City adopted Ordinance No. 2021-003, providing for vacation rental property registration and compliance with basic life-safety requirements.

DISCUSSION:

Florida Senator Manny Diaz has filed Senate Bill 522, and Florida Representative Jason Fischer has filed an identical House Bill 219, which preempt all regulation of vacation rentals to the state, recognizing only those regulations in place as of June 1, 2011.  The City has experienced the negative impacts from vacation rentals and recognizes the potential deterioration of a neighborhood’s sense of community as a result of the revolving stream of strangers experienced because of vacation rental uses.  In addition, the preemption violates local government home rule powers and destroys the ability of local officials to address the immediate needs of property owners who they are directly responsible to. 

RECOMMENDATION:

Staff recommends approval of this resolution.

FISCAL IMPACT:  N/A