Airbnb & Short-term Rental Companies Object to New Florida Bill Restricting Local Rules

An emerging conflict has unfolded in Florida's political landscape regarding the regulation of vacation rentals, pitting influential industry groups against each other. The recent passing of a bill by the Florida Legislature has set the stage for a fierce debate on the oversight of such properties by local governments.

Industry Groups Take Sides

Within this heated debate, vacation rental management companies, coastal community leaders, and Florida Realtors find themselves in opposition to the bill, seeking to sway Governor Ron DeSantis to veto the proposed measure. The discord stems from concerns over achieving a fair equilibrium between property owners' rights to short-term rentals and the jurisdiction of local governments in regulating these properties.

Implications of the Bill

On the other side of the spectrum, the Florida Restaurant and Lodging Association has thrown its weight behind the bill, urging its approval by the governor. The bill's provisions would transfer the authority to regulate vacation rentals to the state while permitting local governments to establish specific short-term rental registration programs under prescribed guidelines. Notably, the bill introduces allowances for pre-existing regulations set by counties before 2016, with a singular exemption for Flagler County. In contrast, this bill threatens to nullify city ordinances implemented post-2011, effectively dismantling registration systems in numerous coastal communities as the popularity of online rental platforms surged.

A Shift in Zoning Dynamics

A contentious debate surrounds the encroachment of vacation rentals into traditionally single-family zoned neighborhoods, challenging the essence of these residential areas. The clash lies in the blurred lines between personal abodes and commercial ventures, raising concerns about maintaining the sanctity of single-family zoning regulations.

Community Concerns

The issue of vacation rental regulation has taken center stage, reflecting the anxieties and priorities of the local community. Residents express a deep-rooted unease over the potential erosion of established ordinances crafted to delineate the distinct character of their neighborhoods.

The Impact of Legislation

A wave of change looms as proposed legislation threatens to dismantle hard-won regulations, sparking apprehension among those who fear a shift towards a more bureaucratic oversight. The potential adoption of new rules could pave the way for a redefined landscape, stirring emotions and resistance within the community.

Ensuring transparency in the vacation rental industry, a new measure mandates the creation of a central database by the state Department of Business and Professional Registration. This database will assign a distinctive identifier to each property, requiring platforms to display this identifier and any local registration numbers on their listings. Additionally, sales taxes will be collected through these platforms.

Presently, state regulations dictate that vacation-rental operators must obtain licenses from the state agency. However, the existing database reveals discrepancies, with 53,961 licenses for 171,921 addresses, indicating a need for more accurate tracking.

Experts emphasize the challenge of obtaining a precise count of vacation rentals due to variations in licensing practices. Notably, popular platforms like VRBO display a higher number of properties in comparison to the state's official records, suggesting a gap in information.

The legislation represents a significant leap towards establishing a comprehensive regulatory framework for vacation rentals, aiming to streamline operations and ensure compliance within the industry.

Innovative Restrictions to Regulate Overnight Stays

Aiming to bridge the gap between listings and licenses, a new bill introduces strict regulations concerning occupancy in beachfront properties. The bill proposes a rule allowing a maximum of two individuals per bedroom, with an additional two individuals permitted in common areas, or a higher occupancy if there is at least 50 square feet of space per person, plus two more individuals in common areas. These restrictions are designed to target "party houses" and control overnight stays at these locations.

Concerns Over Visitor Protection

Jacksonville Beach Vice Mayor expresses reservations about the bill's implications. She points out that the proposed changes would dismantle an existing registration ordinance put in place by the city in 2019. This could potentially hinder local authorities' ability to ensure the safety and protection of visitors in these beachfront communities. While acknowledging some positive aspects of the bill, she insists that further amendments are necessary to effectively address the issues faced by cities.