Almost every year since 2014, Florida lawmakers have been trying to reduce local regulatory control on the booming vacation-rental industry or shift it to the state–what’s called “pre-emption.” The state would then bar local governments from enacting many of their own regulations.
Pre-emption bills have been introduced and cleared almost every committee where they’ve been heard. They have failed at the last step, either by not getting one final committee hearing or by not getting a vote of either legislative chamber.
The latest pre-emption attempt is Senate Bill 280, sponsored by Nick DiSeglie, the St. Petersburg Republican in a repeat effort from last year. The bill cleared the Fiscal Policy Committee today, 12-5, with Palm Coast’s Travis Hutson, who chairs the committee, in the majority.
Neither the vote nor Hutson’s vote against the will of the local County Commission and Flagler Beach was a surprise. The surprise was how quickly this bill is moving and how quickly it cleared all two of its committee assignments as it now heads to the Senate floor for a vote, well before the kind of jam at the end of the session that proved fatal in the past. That means the bill’s chances of passing, especially if its companion in the House moves as speedily, is very high. So far, however, the House bill has not been heard in any of its three committees.
DiCeglie today strained to describe the bill as striking the right balance between regulation and property rights. The bill does give local governments slightly more room to fine vacation-rental violators and provides for some additional transparency, though not nearly as much as what hotels and motels are required to provide.
There are at least 45,000 vacation rentals in the state, at least officially. The true figure is likely much higher: one lobbyist who addressed the committee today said Vrbo, one of the largest companies operating rentals in the state, had briefly claimed on its website it had 192,000 rentals in Florida.
At the heart of the issue is how many people vacation rentals may house at any one time, and how much direct authority local governments have to regulate that, plus the noise, trash and parking issues they generate.
That’s what Flagler County has been attempting to protect since 2014, when it successfully got Hutson, then a House member, and then-Sen. John Thrasher, to push the local-regulation bill that became law. Hammock residents especially had been complaining to local officials and legislators that vacation rentals were becoming mini-hotels in residential zones–unruly, noisy, trashy. The new law gave counties and cities the authority to control that. Right now, the rule in Flagler is no more than 10 people at a time (with some grandfathered properties that may exceed that). And local code enforcement may directly regulate vacation rentals.
Al Hadeed, Flagler County’s attorney then and now, drafted the local ordinance that became a template for other governments across the state. The county has been protecting it since.
SB280 would render that local-control provision almost void. DiCeglie went out of his way to say that that wouldn’t be the case. But while local governments could still regulate vacation rentals as they do now, “280 will remove the ability for local communities to distinguish short term rentals from residential homes. That was a huge issue In 2014,” David Welch, the mayor of Redington Beach, told the committee,
In other words, local governments may regulate all they want–but not if they don’t impose the very same regulations on regular residential homes. That, of course, is impossible: no local government has those kind of resources, nor would existing residents stand for that kind of imposition in their own homes, where the number of guests may at times exceed 10, but not as a business, not as a routine.
Welch’s most powerful statement came early on: “I would like to thank the author and sponsor of that 2014 legislation. Senator Hutson, Senator Mayfield,” Welch said wryly. “Unfortunately, SB280 will undo all of the good work done by these two senators, and will bring us back to the 2011 preemption which caused quite the controversy among residential communities throughout our state.”
To DiCeglie, “there’s been somewhat of, I would say, a weaponization of government to prevent these properties from operating as vacation rentals. And I think that this bill is going to address those concerns.” The goal, he said, is to eliminate a mosaic of local regulations and create “a uniform set of standards of regulations” that would “create predictability at the local level for local governments, for the residents who live in the community, for property owners who want to exercise their property rights for the platforms.”
But some senators–Democrats, anyway: the bill passed on a party-line vote–and several lobbyists who addressed the committee, disputed the validity of a one-size-fits all approach. Jack Cory, a lobbyist for Jacksonville, said the city he represents “is very different from St. Augustine, Orlando, Wachula, and the other 17 communities that are represented on this committee.”
Cory said the bill’s registration system will micromanage 478 local governments. “The passage of this bill as amended, would erode the prosperity of over 5 million Florida residents who bought their homes to live in a residential neighborhood with homestead exemption,” he said. “They did not want to live in a commercial zone next to mini hotels.”
Other than the senators, only one person who addressed them was almost entirely behind the bill–Tiffany Edwards of the Florida Professional Vacation Rental Coalition–though she had concerns, too: she sees the bill as enabling a double layer of regulation, one at the state, one locally. She was concerned about the surviving mechanism for code violations, and about the bill’s lack of protection for consumers.
But the hearing reflected the familiar dynamic of former such hearings over the years: local governments or state associations like the Florida League of Cities and Association of Counties lining up against the proposal, and a limited group of vacation rental industry representatives lining up for it, chief among them the senators pushing the bill.
Villein says
It is clear Senator Hutson’s loyalties are not to those he represents. Whose interests does he represent?
At least we can still question his honor since we cannot deter his actions.
I wish there was an independent alternative to republican machine politics that placates developers and industry at the expense of the people whose interests they are supposed to protect.
Not surprised says
No surprise, he has never supported his constituents. Flagler County is a model of for the state on how to balance the needs of both, but Hutson doesn’t care. Instead of promoting cooperation and home rule, he’s all in for big government.
Glad he is termed out, never could trust him.
Tired of it says
This is what happens when you elect Republicans.
Ed P says
Since short term vacation rentals are commercial businesses required to collect Florida and Flagler county taxes then regardless of state regulations, wouldn’t home rule apply?
Home rule was ratified over 50 years ago giving individual municipalities the ability to regulate as long as it’s not in direct conflict of state. For instance, Orlando adds a 6% resort tax. Could it extend to occupancy numbers as well based on the same premise?
Maybe a county work around would be possible?
Republican in Flagler no longer says
Take note . . .
All these candidates we get stuck with and whom (some) vote for according to party line . . .
The Flagler County Republican Executive Committee here in Flagler County pushes these candidates upon the Democrat, Independent and Republican electorate here in Flagler, then pushes all Republicans to vote according to what they’re told.
Hence, we end up with Hutson, Renner and the special interest candidates such as mayor, city council, county commission who do the bidding of developers, realtors and other land grabbers (Mullins and his crew).
This is what you get.
What’s it going to be like when the house next-door to you turns into a rowdy AirBnB with loads of cars, loud music, drugs and more?
People need to wake up and stop voting Republican party line in Flagler County.
These people don’t care about us. Haven’t you caught onto that yet?
Mark says
Agreed, they have been pushing some clowns lately (the last decade) and given Republicans a bad rep locally.
troy says
most of these clowns are elected because of the fear of hypothetical abortions on imaginary daughters. i must give credit to danny elfman on that one.
troy says
There’s the city official ‘way down low
Keepin’ his pockets full of dough
If you want help don’t ask his aid
There’s a rattlesnake sitting in his shade
There’s a politician ‘way up h!gh
Too far to hear the people cry
Passin’ bills for the wealthy men
He won’t explain but the rattlesnake can.
TREEMAN says
Agree!! The FCREC is really a RINO Club! Attend a FCREC meeting (the public is always invited) to see the Flagler County SWAMP in action!!!
The dude says
The MAGA morons have not caught onto it yet, nor will they.
It’s a cult, and they do as they’re told.
Shark says
Just take a ride by 19 Cottonwood Ct. and you will see why rentals are a bad idea. Four cars in the driveway with advertising on them and one car in the swayle facing the wrong way with a trailer attached. Code enforcement and the Barney Fife Sheriff Dept. do nothing about it. It’s sad that this is allowed
Ron says
Not my Senator.
Travis Hutson has been attacking home-rule to regulate vacations rentals since the beginning. He is the reason for the water down version in 2014 when Senator Trasher introduce a bill to revoke 2011 Senate Bill 883 that was written by the Florida Vacation Management Association attorney Lori Killinger. This bill removed all local control from any city, county or town that did not have ordinances in place. Hudson back then was a representative that basically sank this bill with his testimony.
Anyone that is concerned about your neighborhoods should get educated quickly. Go back to the hearings on this issue. There is video available on line. Watch your uneducated representatives and senators basically vote for a bill that they have absolutely no clue about. That goes for many bills.
What this bill is going to do is turn the clock back to 2011. This bill is attempting to basically place a vacation rental dwelling which was referred to as a resort dwelling prior to 2011 in the same occupancy category as your one family dwelling that is being occupied permanently in nature. A vacation rental is a transient public lodging establishment. It operates just like a bed and breakfast. But with one big caveat. This vacation dwelling is not manage by on duty personal. There is no management on site that can check for occupancy or respond and handle complaints.
There were no inspections being conducted for life safety or fire safety by Department of Business and Professional Regulations prior to licensing to operate as a vacation rental. They also did not inspect when a complaint was filed in a one family dwelling that was licensed as a vacation rental. You may ask why? Because they treated the same as any one family dwelling that was being occupied permanently. If this bill passes all local governments will be handcuffed. They will not be permitted to conduct inspection unless they conduct inspection in every one family dwelling. This is impossible!
A one family dwelling licensed as a vacation rental is a transient public lodging establishment that should be classified as such in the Florida Building code just like a one family dwelling that was licensed as a bed and breakfast. All transient public lodging establishment are listed in the building code except a vacation rental dwelling. By the way one family dwellings license as a vacation rental are also exempt from local property zoning. Even though they are operated just like a bed and breakfast which is prohibited from operating in single family neighborhoods.
When local governments were granted limited authority in 2014. Flagler County started an inspection requirement for vacation rentals. These vacation rentals were operating for years with a state license. What was discovered by our inspectors were dwellings being operated in conflict with the building code and fire prevention code. Over 98 percent failed these inspections.
1. Illegal alterations. We had dwellings with occupancies exceeding 20. Due to illegal conversion of garages, offices, laundry rooms and in some cases wine storage closets.
2. No secondary means of egress.
3. No fire extinguishers.
4. No emergency lighting.
5. Substandard electrical wiring.
6. No posted exit diagrams.
7. No contact person available to handle complaints.
8. Over Occupancy
9. Use of commercial buses dropping off large groups.
10. Pool safety requirements not followed.
This list can go on. Do you want to turn back the clock in your neighborhoods ? Get active go to Homerulefl.Com
Let your Representatives and Senators know how you feel.
Tony says
Hutson is in real estate just like Alfin. Do yoy really think they care about what rentals do to our neighborhoods?
Ron says
Question for Travis Hutson??? And all Florida Representatives and Senators.
Should single family dwellings licensed as vacation rentals be treated like single family dwellings being used for permanent residency? No
Is a single family dwelling for permanent residency license as a business by the state of Florida? No
Are single family dwellings for permanent residency required by insurance companies to carry commercial insurance policy? No
Are single family dwellings for permanent residency required to obtain a license to operate as a business by the State of Florida? No
Are single family dwellings for permanent residency required to abide by additional Florida Fire Prevention code requirements as stated in 69 A? No
What is a single family occupancy code for permanent use? R3
What is the occupancy code for dwellings being used for transient occupancy ? R1
Are single family occupancy for use as a permanent occupancy a transient public lodging establishment ? No
Why are you treating a one family dwelling license as a vacation rental dwelling differently then any other transient public lodging establishment!! These dwellings are no different than bed and breakfast lodging. They provide an area to eat and sleep.
These one family dwellings license as vacation rentals most be recognized in the Florida Building Code as a transient public lodging establishment.