The Florida Senate on Thursday gave final approval to a plan aimed, in part, at addressing “party houses” at short-term rental properties, as the use of online platforms such as Airbnb continues to skyrocket.
Regulation of vacation rentals for years has been a thorny issue for the Legislature. Champions of short-term rentals maintain that they provide extra income for homeowners, while critics complain that noise, trash, and traffic woes from a revolving cast of visitors negatively transform neighborhoods.
The Senate voted 23-16 to approve the plan (SB 280), which was approved Wednesday by the House in a 60-51 vote. The House made changes to a version passed earlier by the Senate, requiring another vote Thursday in the Senate. The bill is now ready to go to Gov. Ron DeSantis.
The bill addresses one of the key sticking points over the years — an effort to “preempt” regulation of short-term rental properties to the state.
Current law bans local ordinances or regulations passed after 2011 that prohibit vacation rentals or regulate the duration or frequency of rentals.
The bill would preempt regulation of vacation rentals to the state while allowing local governments to have short-term rental registration programs that meet certain parameters. The bill would “grandfather” in regulations adopted by counties before 2016.
During floor debate Thursday, Senate sponsor Nick DiCeglie, R-Indian Rocks Beach, said the exception applies to Flagler County — home to House Speaker Paul Renner, R-Palm Coast — and Broward County.
[Flagler County’s ordinance was written by County Attorney Al Hadeed in 2015 and used as a template by other local governments since. Hadeed and the County Commission have been battling repeal of local government authority on vacation rental regulations since then. The Flagler-favoring exception was a last-minute surprise, and it wasn’t: Renner’s power was always the county’s ultimate ace.]
The exception drew sharp criticism from Sen. Jason Pizzo, D-Sunny Isles Beach, whose district includes parts of Broward. Pizzo said Broward County does not have an ordinance.
“The only other county that gets an exemption is the House speaker’s. Want to know why the public doesn’t have confidence in state government? It’s because of that,” Pizzo argued.
Pizzo said the House’s Wednesday vote was rushed and several Democrats were too late to vote on it.
“I think the public is tired of special carve-outs and a race to the (voting) board,” he added. “The House speaker shouldn’t get a special exemption.”
The measure, in part, seeks to address “party houses” in beachfront communities by restricting how many people can stay overnight at properties.
The bill would set maximum overnight occupancy at “two people per bedroom, plus an additional two people in one common area, or more than two people per bedroom if there is at least 50 square feet per person, plus an additional two persons in one common area, whichever is greater.”
The plan also would allow officials to suspend registrations for “a material violation” of local codes that do not apply solely to vacation-rental properties. It would also allow local officials to charge a “reasonable fee” for registration inspections.
The measure would require the state Department of Business and Professional Registration to set up a database with information about vacation rentals and assign a “unique identifier” to properties. Platforms would have to include the unique identifier and any local registration numbers on advertisements or listings for the property and collect and remit sales taxes on rentals.
The plan also would require vacation-rental operators to “designate and maintain” a responsible party “who is capable of responding to complaints or emergencies” related to the property, including being available around-the-clock by phone.
Pizzo argued that the bill would strip local governments of control over what he called the most important legislative issue for his beachfront district.
But DiCeglie called the bill a “good product” that should help ease litigation over vacation rentals and ensure that property owners’ rights are protected. The bill sets up a “framework” for local governments, he said.
“I’m not doing this just to do it. If I thought this was a product that was going to make things worse and it wasn’t going to address an issue, I would never, never present that to my colleagues at all,” he said.
Four Republicans — Sen. Jennifer Bradley, R-Fleming Island; Sen. Ileana Garcia, R-Miami; Sen. Ana Maria Rodriguez, R-Homestead; and Sen. Clay Yarborough, R-Jacksonville — joined Democrats in voting against the measure.
Sen. Debbie Mayfield, R-Indialantic, disputed that the proposal would take away local officials’ control.
“The cities are getting more than what they had (in an earlier Senate version of the bill). They can charge whatever registration fee they want to charge. They can charge whatever renewal fee they want to charge. They can charge whatever inspection fee they want to charge,” Mayfield said.
A bipartisan group of lawmakers from coastal communities spoke against the measure during House debate Wednesday.
Rep. Hillary Cassel, D-Dania Beach, rattled off a series of ills -– including shootings and near-drownings — that took place at vacation-rental properties in her district.
“This is something that if we get it wrong, our cities and our neighborhoods are ruined,” Cassel said.
Rep. Randy Fine, a Brevard County Republican, pointed to part of the bill that would set up parameters for when local registrations can be suspended. Fine indicated that the suspension provisions are too lenient and said the bill doesn’t do enough to address sexual predators and human trafficking.
“When you buy a home, you have bought the right to live in a residential neighborhood,” Fine said. “I get no joy in trying to kill a bill from a (House) member, but I also think about the fact that I want my kids to be able to ride their bikes to the library.”
But House sponsor Griff Griffitts, a Panama City Beach Republican and former Bay County commissioner whose family was in the hotel business, urged his colleagues to support the bill, despite its flaws.
“This is not a perfect bill. … I have these Airbnbs in my neighborhood. I know the problems they create. This is one step forward to creating a uniform registry where people like all of us can make sure that everybody is doing things above board, paying their taxes, getting their health and safety inspections so that the public at large can remain safe,” he said.
Tiffany Edwards, executive director of the Florida Professional Vacation Rental Coalition, said the bill lacks consumer protections. Edwards told The News Service of Florida the bill is vague and does not require renters to be notified if a vacation rental is suspended or revoked.
“None of us are sure what a ‘material violation’ or ‘reasonable’ fee are. With no clarity on those, and no right to be reinstated after a local license has been revoked, this bill will be a vehicle for unfriendly local governments to methodically permanently purge legitimate businesses,” Edwards said.
–Dara Kam, News Service of Florida
Mothersworry says
To quote Griffitts in part..”I know the problems they create…” That being the case, why the heck attempt to enable another known problem?
Ron says
This bill is going to be a Big Problem for local municipalities that have not adopted vacation rental ordinances prior to 2016.
The City of Palm Coast will be certainly affected by this bill. The only people protected in City of Palm Coast will be the ones that are protected by HOA’s or COA’s . This will certainly be an issue especially as it relates to occupancy in these one family dwellings license as vacation rental lodging establishments.
I really feel bad for these residents that purchase homes that are now going to be affected by these transient public lodging establishments. Your City council has failed you by not adopting the Flagler County ordinance just like other municipalities in the State.
The Sour Kraut says
Both sides are unhappy. This either means it is a good bill, or it truly is terrible. Time will tell us which. My block used to have a short term rental and I am so glad it was sold.
Jane Gentile-Youd says
Hadeed – today you have gone from ZERO to HERO on protecting Flagler County right to Home Rule. You have fought a passionate fight for over a decade. (I only wish you put your heart same passion into the many pressing issues and injustices besides the dunes and protecting single family homeowner rights)
Thank you with all my heart for your years of devotion to protecting our rights as single family homeowners.
Angela B says
JGY: Really? Flagler County heroes? Commercial, transient units do NOT belong in single family residential neighborhoods, period! Never should have happened at all. Yet here they are. 90% of the owners live outside our county, outside our state and outside our country. This bunk about “property rights” is just that: bunk. How do your heroes fit in?
Mr. Hadeed is a nice man; I’ve spoken to him before. He is doing what the commissioners rule, so he did do beyond his required job. But if we keep voting in Republicans here, this is what we get: Please sir, may we have a speed bump on our street to slow down the transient renters? Oh, gee, I don’t know, that may require a study.
The state is being handed over to the vacation rental industry, which consists of multi-billion dollar businesses. They are overwhelmingly getting their way, and our politicians held the door open for them.
Pogo says
@A name, for this rubber duck posing as a lifeboat — illusion…
…from the makers of I got me — screw you; if we don’t screw you — somebody else will, and, we screwed ’em again: how long before the law, in its majesty, is found defective by keen legal minds — and the bottomless pockets of the club you ain’t in? Anyone doubt the outcome of John Q. Sucker v All The Goddamn Money In The World?
Jane Gentile-Youd says
Palm Coast is in Flagler County, County law should take precedence over city ordinances.
Ron says
If that is the case. Why did Flagler Beach adopt vacation rental ordinances prior to 2011? Since it’s part of Flagler County along with Bunnell.
Angela B says
Well, well, well. Look how nicely the vacation rental, multi-billion dollar industry, and those they own, carved us residents up nicely! Those of us who live in single family residential neighborhoods are now divided up by HOAs, COAs, and the rest of us in single family residential zones. The HOAs feel safe for now, so no worries. The COAs feel safe for now, so no problem. Broward County and Flagler County feel falsely safe for now, so we feel we got ours and screw the rest. If there is no transient rental next door to me (now) why should I care. So now some of us feel safe, and some of us are pissed. Divide and conquer.
So, you think Renner, Hutson, Hansen and the other politicians did us a big favor? Think hard.
Right in this article, one politician remarked about how he knew what problems these short term rentals bring, but, oh, what the heck. He just wants to make sure his kids can ride their bikes. Well, let’s give him something to think about. Sexual predators, once convicted, must register with the local police/sheriff departments. They must report if they will be gone from home more than two days (what if they don’t, who knows about it?). If they take their vacation in your neighborhood, you are not notified but you could find out the hard way. So, what’s the politician doing about it?
Human trafficking was also mentioned. Human trafficking is very real in this state. Which would be easier for trafficking, a hotel with staff, a front desk and other people, or an unmonitored house? Same for selling drugs, which would be easier? What are our politicians doing about it…besides claiming “property rights” and protecting out of state owners over us permanent residents?
Why are you accepting this? The reasons I mentioned? Good luck with that. Yes, divide and conquer. That is one job the vacation rental industry, and our politicians did really good.
Pogo says
@AB
Bullseye, dead center, in the X ring.
Ron says
The bill would set maximum overnight occupancy at “two people per bedroom, plus an additional two people in one common area, or more than two people per bedroom if there is at least 50 square feet per person, plus an additional two persons in one common area, whichever is greater.”
Does this bill control occupancy? It certainly does not. It will result in dwellings being over occupied. The Senator who work on this bill stated that the 50 square feet only relates to the bedroom. Well it does not state that in the bill in the paragraph above. This bill will bring back the days of four bedroom homes with 26 adult occupants and numerous children. Because the vacation management companies disregard counting children in the occupancy count. In addition to illegal conversion of non habitable rooms to accommodate additional occupancy without secondary means of egress or the required square footage.
If we take a look at the HUD rules on occupancy they require 70 square feet in a bedroom for one occupant and additional 50 square feet for additional occupant in that same bedroom. That is 120 square feet total in a bedroom for two persons. In addition a child is counted as an occupant. So a 10 x 12 bedroom would only accommodate two persons.
This bill must be vetoed by the Governor and allow local governments to regulate this industry.
Ross says
Yeah, Flagler County has an ordinance that’s grandfathered, but since they don’t bothered to enforce it, what’s the point? There are a good half a dozen vacation rentals on my street, which is east of the A1A, and some of them are regularly over capacity, but when we residents here call the County, nothing is ever done about it.