Jacksonville short-term rental panel loses chairman, pushes forward

Intrigue preceded Thursday’s Jacksonville City Council special committee on short-term vacation rentals.

Chairman Danny Becton took his leave of the panel, with a letter expressing “disappointment … in recent events for which I have found dismissive actions towards my legislative work.”

Becton said his “effectiveness” was impaired, and he could not be “successful in this role.”

Council President Aaron Bowman was unfazed, noting that the committee likely would finish up Thursday without its erstwhile head.

The Bowman/Becton beef was, sources say, over a bill that Bowman deferred against Becton’s request. We are still waiting on Becton’s take.

The committee was formed earlier this year to look at zoning and other regulatory issues related to short-term rentals, and how to collect some of the roughly $366,000 in income left on the table via tax collection.

The revamped committee on Thursday moved toward concrete recommendations in a draft bill, though new chair Jim Love noted that there was still a long way to go.

Love, who represents tourist-heavy areas like Riverside and Avondale, added that “more than a third” of the activity from the 306 short-term rentals operating in Jacksonville is actually in his district.

“This is one of those things kind of like Uber, kind of like the Internet, where it’s new technology and we have to figure it out,” Love said.

The biggest issues, which Love sees in his neighborhood: “a full house rented with no supervision with people who are rude to the neighbors.”

Love estimated that there are 1,000 scofflaws.

“We could arrest them all, but it would be a sad day,” Love said.

Love cited Asheville and Nashville as potential models, though noted that the North Carolina tourist mecca also has an issue with unpermitted rentals.

Council President Aaron Bowman noted that it would have been easier to “ignore the issue” but “no action is not the correct one on this one.”

Bowman noted that during Georgia/Florida weekend, the city missed out on as much as $40,000 in taxation. Beyond the lost money, safety issues for renters and owners alike concern him.

City attorney Jason Teal expressed confidence that legislation could be drafted. A landlord registry and an educational class could be one component; fees could fund enforcement and program administration.

However, the code enforcement piece offers its own challenges, including operating requirements and the administrative process. Likewise, differentiating between rooms for rent and whole-house rentals, and adapting categories to protect people in traditionally single-family neighborhoods.

“We can’t have restrictions on duration or frequency of rentals … we can’t ban them altogether,” Teal said, noting state preemption, even as a state appeals court decision Thursday raised questions about whether the state can block cities from setting regulations.

Spacing limitations, such as found on adult entertainment facilities, were extended as a model. But absent specific “evidence or testimony” of “some evil we are combatting,” Teal said there may be opening for a challenge.

However, Teal noted that he would draft with an eye toward “giving the city maximum enforcement authority,” with escalating fines after a first warning to educate potential violators.

“It’s not legal right now,” Teal said when noting that some property owners may feel “grandfathered” in.

Chairman Love noted that in Asheville, a plate on the door indicates an owner or manager who is a point of contact for complaints.

“There’s a difference where we slice this whole thing up. We’ve got to start somewhere,” Love said, noting that the committee needs a draft as a jumpoff point.

Council President Bowman suggested that the whole Council be invited to the next meeting, which will be early next year.

Jacksonville City Council members have struggled with these issues before.

Years since its first try to work out regulations on ride share vehicles, no real movement has happened on those, given pressures from lobbyists for and against Uber, Lyft, and related companies.

Will history repeat? The lobbyists, pro and con, are back, with well-rehearsed arguments and a Council without a track record of legislating compromise on issues like this.

The push to get something done is time-sensitive. As Chairman Love noted, he is off the Council at the end of June, and he’s less than certain that new Council members will have an understanding of the myriad zoning and enforcement issues at play here.