A.G. Gancarski
The latest battlefield in the endless war between “home rule” advocates and preemption proponents: short-term rentals.
HB 1011, filed by Jacksonville Republican Rep. Jason Fischer, will be heard Tuesday afternoon in its first committee, the Workforce Development and Tourism Subcommittee.
The Senate version (SB 1128), filed by Sen. Manny Diaz, has already cleared its first committee.
The proposed legislation protects from local regulation rentals offered via an “advertising platform,” which provides software and online access to listings for “transient public lodging establishment[s]” in the state.
Just as the state regulates public lodging (hotels and motels) and food service establishments, so too would it regulate Airbnb, VRBO, and the like.
Fischer said the bill was about private property rights; adding in a statement that “some local governments have forgotten this foundational principle of our country and are infringing on citizens’ rights.”
“Today’s patchwork system, where every city or county regulates vacation rentals differently, is unworkable and broken. As a top destination for both in-state and out-of-state travelers, Florida must establish a fair and consistent approach for vacation rentals,” Fischer said. “This legislation strikes the balance of protecting the property rights of vacation property renters and the privacy rights of their neighbors.”
The bill lays forth some justifications for preempting local regulations.
“Property owners who choose to use their property as a vacation rental have constitutionally protected property rights,” the legislation contends.
The role of short-term rentals, meanwhile, is “significant, unique, and critical” to the state’s tourism industry.
Regulations of such are only permitted if they apply to all properties, including long-term rentals and owner-occupied homes.
Laws passed before June 2011 will be grandfathered.
In turn, owners of rented properties have certain obligations.
Primary among them: A display of their Vacation Rental Dwelling License.
The bill also has provisions that tighten regulations on the short-term rental services themselves.
Among them are requirements for display of license, sales tax, and tourist development tax information.
Quarterly verification is required, along with a stipulation that noncompliant properties are removed from platforms within 15 days.
The Legislature often aims so-called “home rule” provisions, and this bill falls within a recent tradition of trying to dismantle onerous ordinances.
In the 2019 Session, one of the most talked-about bills was a preemption on local bans on front-yard vegetable gardens.
2 comments
Jan
January 21, 2020 at 7:57 am
“The Senate version (SB 1128), filed by Sen. Manny Diaz, has yet to be heard in committee.”
That is incorrect. It was heard, and, unfortunately, it passed (two senators dissented, and many others asked excellent questions about this draconian proposed bill, especially Kathleen Passidomo).
The other side of the issue – that most Floridians oppose the removal of the local control – should also be included in your reporting, not just the Airbnb slant. (See the St. Petes Poll.)
Thank you.
William Queen
January 21, 2020 at 3:49 pm
This continuation of eroding home rule is an assault on the zoning laws that protect residential neighborhoods from the noise, traffic, parking and garbage of short term vacation rentals.The worst impact is on beach communities that have had tourist facilities and controlled them through local ordinances and restrictions for 80 years.The egregious acts of some legislation puts our peace and security up for sale to investors who do not live here or vote here. These property right legislators continue to ignore local officials and residents whose own property rights are being dissolved for profit. Lobbyists continue to buy support for this assault on our communities.
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