CS/HB 219 (Fischer) and CS/SB 522 (Diaz)
These bills would do the following:
- Preempt to the state the regulation of short-term rentals. Cities, counties and other community-level organizations will not be allowed to regulate the registration, inspection, licensing, duration, or frequency of Vacation Rentals.
- Undo any local Vacation Rental registration, inspection or licensing requirements adopted since 2014.
- Force any ordinances (registration, noise, parking, trash, etc.) to apply to ALL residential properties, regardless of how the property is being used. This means full-time resident-occupied properties must be regulated the same as hourly and short-term Vacation Rentals.
In 2011, the Florida Legislature preempted cities from regulating short-term vacation rentals (SB 509.032(7)). The legislation included a provision that “grandfathered” any existing ordinance that was passed prior to June 1, 2011.
With the rise in use of online rental platforms, Florida counties, cities and communities began to see a proliferation of short-term rental properties in traditional single-family neighborhoods.
In 2014, the Legislature restored some authority back to local governments so they could address many of the problems they were seeing in their communities relating to parking, noise, trash and life-safety issues. This legislation left in place existing statutory language stating that local governments cannot “prohibit” short-term rentals or regulate the duration or frequency of the rental.
Both pieces of legislation resulted in the creation of two different classes of cities and counties: those with Home Rule authority and those without. Those cities and counties fortunate enough to have had an ordinance in place prior to the 2011 preemption are still allowed to regulate short-term rentals, but the question remains whether these ordinances will continue to be valid if amended.
Some city and county attorneys believe these ordinances are “frozen” and any future amendments would cause a loss of the “grandfather.”
Technology has changed significantly since 2011, and many grandfathered cities and counties would like to modernize their ordinances to address current issues without fear of losing all regulatory authority.
Cities and counties without short-term rental regulations in place prior to June 1, 2011, have had their zoning authority stripped and are now seeing these rentals completely overtake residential neighborhoods. Long-time residents are moving out as a result, and the residential character of traditional neighborhoods is slowly being destroyed.