The Palm Coast City Council on Tuesday directed its administration to draft an ordinance regulating short-term or vacation rentals in the city, such as Airbnbs, to address mounting complaints from permanent residents who say the fabric of their neighborhoods is fraying from the disruptions of such rentals turning single-family homes into party houses.
The council’s unanimous direction follows last week’s veto by Gov. Ron DeSantis of a bill that would have foreclosed on local governments regulating short-term rentals more than the state does. The bill would have forbidden any regulation applying to short-term rentals that would not apply to all other residences, in essence making regulations impossible.
“The city of Palm Coast can draft a new ordinance if it seems fit,” City Attorney Marcus Duffy said, “as long as the ordinance does not prohibit short term rentals does not regulate the duration or frequency of the rentals and follow state requirements for sanitation standards, inspections, Florida building code and Florida fire codes, things of that nature.”
Residents have been appearing before the council in increasing numbers in recent weeks to complain about noise, trash and in-and-out traffic generated by vacation rentals in residential neighborhoods, particularly in Palm Coast’s C-Section. It is a prime zone for rentals because of its canals. Rentals can run for anywhere between $80 to $400 a night in the neighborhood. Until now, the council could only respond to the complaints with the recurring defense: “Our hands are tied.”
That changed last week. “This has been something that I’ve been harping on since taking the seat, so I’m glad that we saw a veto come through and I hope that we can get consensus from this dais to move forward with getting an ordinance drafted,” Council member Theresa Pontieri said. She looked for and received consensus for a reasonable approach that also protects the quality of life of residents, who “have the right to enjoy their homes without some of the disturbances that we’ve been hearing lately from the short term rentals.”
Pontieri cited St. Johns and Flagler County’s ordinances as possible models for Palm Coast. Flagler Beach has strictly regulated short-term rentals thanks to an ordinance it was allowed to grandfather in when the state first pre-empted local regulations in 2011 before relinquishing that authority again in 2014, after Flagler County led the lobbying for that. Short-term rentals in Flagler Beach are allowed only in the center of the city. In Palm Coast, any residential property may be turned into a short-term rental.
In Flagler County, a short-term rental property owner must pay an initial fee of $400, and an annual renewal fee of $200. But the fee may apply to a group of properties for which a single owner applies.
“We need some type of mechanism for these Airbnbs and the Vrbos–maybe I shouldn’t name them by name–but the short term rentals to be able to fund the enforcement mechanism,” Council member Nick Klufas said. “Otherwise, our ordinance is just going to be kind of words on paper.” He is looking to the administration to provide “what we have available to us as far as an arsenal of fees.”
Danko is part of the consensus seeking a short-term rental ordinance. But he would favor a mechanism that would allow those who file complaints about rentals to remain anonymous, rather than require the complainant’s name to be recorded. “I’m wondering if there’s a way for us to get around that when it comes to this issue,” he said, “because that would certainly make those in the public feel a lot better about complaining about something.”
While state law does not prohibit anonymous complaints, the law in 2021 changed, prohibiting code enforcement officers from investigating any anonymous complaints, which has the same effect as all but requiring that complainants file their name. The only exception to the law is if the violation is “an imminent threat to public health.”
Klufas’s proposed work-around would not negate the law’s requirement. “I was hopeful that we could have a dedicated unit that was just for the short term rentals and then potentially that could get us out from the whole reporting mechanism,” he said.
Residents continued to voice complaints Tuesday. Eric Josten, a C-Section resident, told the council that 60 households have formed the Canal Community Coalition, with more expected in coming weeks, to address short-term rentals. “They are not operating on a level playing field with other businesses,” Josten said. “Many of these people are from out of state and just own homes in Palm Coast. They don’t care about our local laws. They don’t care about our city. They don’t really care what’s happening here. I’ve been a business owner literally my entire life since I was 10 years old. Many of the businesses I’ve owned every time required licensing. Some of those licenses were very expensive, very expensive for a good reason.”
Another member of the coalition said he moved to Palm Coast 20 years ago–to Christopher Court–and all went well until a year ago, when short-term rentals changed the atmosphere. He presented a six-point proposal of rules for short-term rentals, some of which, like number of guests, could violate state law. (The county limits guests to 10 for a single-family house.)
Another resident said the city’s code enforcement as currently structured is “ineffective,” giving short-term rentals 48 hours to respond to complaints, when the response should be immediate. He also called for more decibel readers in the sheriff’s patrol cars. And he complained about homesteaded properties being listed as short-term rentals, though the law does not prohibit a homesteaded family home from renting a room or two for vacationers, while the homesteaded owners remain in the house, or live in it more than six months in a year.
“It’s been a nice place to live until these vacation rentals stormed in,” yet another resident told the council. He did not say where he lives. “We currently have seven within walking distance. We have two bordering us one behind and one in front. These two party houses have bright night lights, screaming, doors slamming, loud music, drugs, drinking, piles of garbage left out all week, multiple cars, trucks, alarms and disoriented dogs barking all hours of the evening.”
The Sour Kraut says
I hope Theresa Pontieri takes the lead on creating the new ordinance. Some of these other realtor chuckle heads are bound to mess it up if given a chance.
Shark says
She’s involved with real estate too !!!! Just a talking head !!!! There’s a house right around the corner from her with four cares in the driveway (one wrecked) and two cares in the swale every night for the past year and she has done nothing about it, Forget about the sheriff doing any enforcement. They are too busy on I95 looking for the big drug bust and when it comes to code enforcement – they are clueless. I have called them on numerous occasions and nothing was done.
Ron says
The City of Palm Coast is way behind the eight ball. I was part of the group the help Flagler County create their ordinance. Which held up to court challenges and Burt Harris claims bought by the vacation management industry.
Regarding occupancy it was set at two people per legal bedroom plus two if there was an area that offered a secondary means of egress without going thru another room to that exit, had the required smoke detector placement one in the room and another outside that space. The occupancy limit is 10 total per dwelling. That would be a four bedroom dwelling for 8 occupants plus two if there is an area that could be used for sleeping purposes or a five bedroom dwelling with a maximum of 10 occupants. So a three bedroom home would be capped at six with a maximum of 8 occupants.
Registration is not a group registration it is done by the individual owners or their designated managers.
These dwellings are required to be inspected annually prior to being approved to operate by the county. No inspection then no permit to operate. This was not being done by the state! These dwellings were unregulated after the state issue a license. When the county started the inspection process over 98 percent of the one family dwellings failed these inspections. No extinguishers , no secondary means of egress, no emergency lighting, no ADA requirements for the deaf, no pool safety requirements in place, defective electrical wiring, illegal alterations to the interior of the dwelling to accommodate more occupants, smoke detectors defective ,not working or missing. Many other issues listed in Florida Fire Prevention code 69A and the health code.
There is also a requirement that these owners of vacation rentals must have a person available 24/7 to respond to complaints.
My advice to all Palm Coast residents continue file complaints to the sheriffs office and your representatives.
Remember that once an ordinance is created continue to be vigilant checking occasionally on Airbnb, VRBO there vacation rental listings in Palm Coast on Occupancy. In addition to voting out any politicians that believe that this lodging business has rights to operate in our neighborhoods. Let’s elected a person that will introduce a bill to revoke 2011 Senate bill 883 and give back full regulatory powers to all local municipalities. Our zoning should prevent this lodging operations in our neighborhoods just like in Flagler Beach, Delray Beach, Boca Raton and many other municipalities that had pass ordinances prior to this terrible law drafted by attorney Lori Killinger of the Florida Vacation Management Association.
Quin says
Hi Ron,
It sounds like you have a lot of experience and knowledge about STR ordinances. Would you be interested in contacting the Canal Community Coalition at [email protected] and talking with us?
Now that the governor vetoed SB 280 we are hopeful that progress will be made as speedily as possible in Palm Coast.
Ron says
I did send an email to your site. Also viewed the City of Palm Coast meeting. I just can not believe after 13 years of defending our neighborhoods in the Hammock and developing an Ordinance to deal with these one family dwellings license as transient public lodging establishments, aka vacation rentals finally the City is waking up.
Where have these politicians been? I bought this up years ago to your representatives showing them advertisements of vacation rentals starting in the C section. But as usual they decided to sit on their hands and not address it.
As long as the 2011 SB 883 is in existence all municipalities without ordinances prior will be prevent from using their local property zoning laws. Not sure who we should support to represent us in Tallahassee but we need to elect a person that will introduce a bill to repeal SB883 this next session and speak against and write editorials defending our neighborhoods from these lodging businesses. If you have time go to the State committee meetings and watch Travis Hutson speak in favor of vacation rental operations. He had no regard for your peaceful enjoyment of your property.
When our zoning was created it was certainly put in place prior to SB883 my question is why our elected officials did not step up and prevent this activity that was certainly not the intended purpose of the permit file prior to construction of this dwelling?
This activity is being advertised on many sites. Check out VTrips or as it was once listed as Vacation Rental Pro’s owned by Steve Milo who was one of the largest vacation rental management companies in Palm Coast. He was advertising a legal four bedroom home for 26 occupants not including children in addition to occupying a room used for children without a secondary means of egress. Just a heads up it’s just not AIRBNB or VRBO advertising these transient public lodging establishments in addition to many others.
Laurel says
Ron: You are correct. Many of these short term rentals are on multiple sites, and there are plenty of companies, and investors, involved. Often, these different multi-billion dollar companies show somewhat vague maps of the rentals, allowing these rentals to fly under the legal radar. These companies cannot get all they want without the help of politicians. Paul Renner, Travis Hutson and Greg Hansen pretend to work for the local residents, but as Hansen stated “We want the bed tax.” The bed tax does diddly for local residents, other than disturb their peace.
Palm Coast may be slowly waking up, or more likely, coming out of a coma, but the Hammock is not in Palm Coast so the county politicians need to wake up as well. The Hammock is so overrun with transients that it’s seriously disturbing!
No one can tell me that when all the local politicians claim their hands are tied, that it’s up to Tallahassee, when they are all in the same political party as the politicians in Tallahassee, not to mention it’s the same party pushing the vacation rental agenda throughout the state.
I have talked to people in other parts of this state and they are hopping mad at vacation rentals. Some have anti-vacation rental signs throughout their neighborhoods, and are very active at taking back their community from these commercial businesses. This is not just a Florida problem, either. This is a world wide problem, and other states and other countries have fought back as well, many changing the local laws. So, our politicians need to start thinking about us, and drop the “hands are tied” bullshit.
By the way, when did the residents get to vote on this? Well, we’ll be voting a lot more in the future.
Greg says
They are running a business in residential areas. It should be outlawed. I never know who, or what is moving in next door.
Tired of it says
So, I bought a home in a residential area and I am now surrounded by businesses. How many of them are actually paying taxes as businesses? Strangers driving up and down the neighborhood, your parties, music at all hours. What a disaster this has turned out to be.
Laurel says
Not good enough. These commercial, transient businesses should have never been allowed in single family zone neighborhoods, period. These out of town, out of county, out of state, out of country commercial business owners need to invest somewhere else.
The average American household has 2.5 residents, not 6, not 10, not 12. Gee, can 12 people split the nightly cost of $200? Cheap way to party, leave the mess behind and not give a damn about the locals. Get a motel or hotel, and buy the damn rooms. We do.
These supposedly monitored businesses are on call 24/7, and there is Code Enforcement which is not on call 24/7, and there is the Sheriff’s Department, but why on Earth is it up to the neighbors to do the actual monitoring? Why should we be calling for every infraction or disturbance? It’s ridiculous to even suggest it.
The fact of the matter is, if you patronize these businesses in single family residential neighborhoods, you are not wanted there. Stuff your “experience.”
CPFL says
Why not add a nightly charge for beach maintenance fees to these rentals? I am sure it would add up over the year and place less on the people of the county. Pass some of the costs we have on to these rentals. Worst case scenario owners want to get out of the rental business and close shop. Also BIGGER FEE for yearly registration.
J C says
Residents everywhere need to understand what these vacation houses bring. The platforms that make these unsupervised motels possible do all they can to shed the “party house” image. We are unfortunate enough now to have two of these things next to us. They have destroyed our once peaceful, and safe home. There are many close by in our neighborhood. There are currently over 300 in Palm Coast.
These places bring rude very noisy people who will bring all their own food and booze. Drugs as well.
Loud music is also part of the fun time. And a barking dog or dogs makes it even more special.
We need everyone to get involved. If you like going home to a peaceful safe place you better get involved. Please go to the next Palm Coast City Counsel meeting on August 6th at 6:00 PM.
These are sprouting everywhere. Don’t think it isn’t your problem until it’s too late.
It’s a business being run in a single family zoned neighborhood. Should be illegal.
Period!
Anyone who supports these things should have to spend the rest of their life with them right next to THEIR primary residence with no chance to move!
I doubt there is an anyone on the planet living next to one who thinks they are an asset.
Nobody wants to live next to the “party house”.
Laurel says
JC: Your are correct, no one but the investors, who are not present, wants this. No, they wouldn’t want it next door to them either. These commercial businesses do not belong in single family zone neighborhoods, and the laws and ordinances should be reversed NOW! But not only in Palm Coast, but throughout the whole county (and as most residents would have it, throughout the state). The Hammock is inundated with strangers, to the point of it no longer being a community. Are we residents benefiting from this? No! Our local, county and state politicians are responsible, and if they cannot reverse this intrusion of our daily lives, then they need to go. I’m sick of pulling down my shades for each new batch of transients in order to get some privacy. Oh, and barking dogs? The transients let them run loose, to crap in other people’s yards, and run after local pets and wildlife, even though they aren’t supposed to be here, but whose watching?