Jacob Ogles
Vacation rental debates booked an annual trip to the halls of the Florida Capitol for the last few legislative sessions. But can legislation by state Rep. James Grant send this longtime visitor on its way?
The Oldsmar Republican this year carries the most recent iteration of legislation (HB 987) pre-empting local regulations on rentals. The bill goes before the Government Operations and Technology Appropriations subcommittee today.
Grant said the legislation might be primed for passage this year. How’s he know? There’s plenty in there that nobody likes, including himself.
“Everybody has got fatigue over this issue,” he said.
But like rideshare laws before, this fight evolved, and changes as markets shift and more people take advantage of new services, he said.
Grant recalls when then-state Sen. Greg Steube, Grant’s old Tallahassee roommate, fought the property rights battle. If there’s hope for a resolution this time, Grant said he’s willing to include provisions addressing concerns of communities.
From Grant’s perspective, it’s not right for local government to tell individuals not to rent their own homes. In the age of Airbnb, it’s easier than ever for someone to lease out property.
“Why take the ability for other law-abiding and well-behaved private property owners to help pay down a mortgage, or send a kid to college, or get some disposable income,” he said.
The answer from municipalities that want to regulate rentals? Widespread abuse. Some coastal communities see whole streets rented out at peak season to vacationers partying into the evening in residential neighborhoods.
Plus, there’s the constant fight over home rule and who gets to make calls on local commerce, state or local government.
Grant says his bill addresses that concern by still allowing municipalities to apply occupancy limits and local codes, so long as the rules get applied uniformly. Every instance of bad players in the rental game, Grant said, can also get dinged for violating noise ordinances, residency restrictions and other laws.
The longtime licensing foe also conceded in his legislation to require vacation rental licenses, and for the state to have a contact person available to administer complaints.
“I spent a career trying to deregulate,” Grant said. But he said there’s a need in this case to ensure compliance with local laws.
The ultimate goal, Grant said, will be legislation that offers freedom to good actors exercising property rights while leaving tools to stop bad actors hurting communities.
The bill already advanced through the Business and Regulation Subcommittee on a 10-5 vote.
2 comments
Diane
April 1, 2019 at 7:38 am
All you need to know: James Grant spoke on behalf of the VRMA last year in Orlando – he represents the short-term vacation industry, not the residents/voters.
Ask the residents/voters – we did – we have a poll of more that 1,110 voters/residents – more than 90% did NOT want short-term rentals in residential communities. Why do you think HOAs don’t allow them? It’s not what people moving into a neighborhood want. Ask the President of Margaritaville – no short-term rentals allowed. \
Keep in mind, most of Airbnb’s profit is from investors. We had one person who owned 16 lots/houses in our community – he lived in St. Louis. Pure investor. He was so uninvolved one of his houses was built on the wrong lot! These are primarily businesses, not “mom and pop” as Airbnb likes us to believe.
Rob
April 3, 2019 at 10:58 pm
Ask yourself this question. Uncle Bob builds a home. He wants to license his dwelling as a bed and breakfast. He know is required by state law to be inspected semi annually for fire and life safety inspections, in most cases this dwellings also requires a sprinkler system when the secondary means of egress does not have direct grade access, this operation must be in compliance with ADA requirements but here is the kicker the owner must changed their certificate of occupancy from a one family dwelling to a bed and breakfast occupancy which is a busniess. In addition local zoning laws prevent this business operation from operating in residential single family neighborhoods. Why because this operation is a transient public lodging establishment business. This use is incompatible to single family dwellings,their occupancy is permanent in nature.
But Uncle Joe wants to license his home as a vacation rental. Since our legislators adopted 2011 Senate Bill 883 any local municipality that did not have language specifying this newly named transient public lodging establishment busniess, vacation rental in their local property zoning laws prior to July 1, 2011 that these transient public lodging establishment business can operate in our single family neighborhoods. But any municipalities that had the language in place prior to July 1,2011 can prohibit this activity. We also have to remember prior to July 1, 2011 these vacation rentals where referred to as Resort Dwellings. Either way these dwellings are public accommodations operating a transient busniess and are incompatible and should abide by the same zoning laws as bed and breakfast businesses.
In addition why are there no requirements for an owner to change their certificate of occupancy. A vacation rental is a transient public lodging establishment busniess just like Uncle Bob B&B? Why are vacation rentals not subject to semi annual fire and life safety inspections or the requirements to install a sprinkler system ? How about ADA requirements?
Our B&B’s are license establishments but the owners are being put out of busniess by unregulated vacation rentals. Both these establishments are transient public lodging establishment businesses and should follow the same rules.
The only solution is to submit a bill and repeal 2011 Senate Bill 883 and allow our local governments to use their property zoning laws and regulate these dwellings properly. The state does not have the resources and each municipalities have different issues. One size does not fit all.
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