Florida Protecting Vacation Rentals as Vacation Rental Industry Lobbying Steps Up
In June, Governor DeSantis vetoed a bill to tighten restrictions on short term rentals in favor of local legislation.
Those who support the view that short term rentals should be permitted on a wide scale argue that they provide extra income for homeowners, add to state income through sales tax, and offer a boost to local economies in addition to offering more choices for tourists.
Critics complain that noise, trash and traffic woes from a revolving cast of visitors transform neighborhoods in a negative way.
Nationwide, the vacation rental industry lobbying has stepped up its efforts to influence U.S. lawmakers to keep more cities from enacting restrictions on short-term rentals in response to concerns about housing availability and quality of life.
Both nationwide and here in Florida vacation rentals have been a much-debated issue for state legislatures as advertising for properties on platforms such as Airbnb has ballooned.
The Florida bill (SB280) to place tighter restrictions on short term rentals passed the state senate 23 to 16. It passed the state house 60 to 51. But the governor vetoed it.
“This is a difficult issue that has property owners on both sides who deserve a voice in the process,” senate bill sponsor Nick DiCeglie, Republican, from Indian Rocks Beach said in a text message. “We worked hard to pass legislation through both the Senate and the House that took the concerns of all stakeholders into consideration. While I disagree with the governor’s decision, I understand his concerns.”
But Melbourne Beach Mayor Alison Dennington strongly supported the veto, calling it “wonderful.”
Dennington suggested DeSantis create a group of interested parties on both sides of the issue: “I would love it if he would form some kind of task force with some legislators and some local officials and some building officials, like a regional task force, and maybe we could come back and propose better legislation next year. That would make both sides happy on some of these issues.”
Current law bans local ordinances or regulations passed after 2011 that prohibit vacation rentals or regulate the duration or frequency of rentals, doing away with registration programs as the use of online platforms such as Airbnb expanded.
The bill would have prevented local governments “from enforcing existing ordinances or any new measure which would apply to vacation rentals,” the governor said.
He added, “Under the bill, any such measure must apply to all residential properties. The effect of this provision will prevent virtually all local regulation of vacation rentals even though the vacation rental markets are far from uniform across the various regions of the state.” Going forward, I encourage the Florida Legislature and all key stakeholders to work together, with the understanding that vacation rentals should not be approached as a one-size-fits-all issue.”
The bill aroused intense opposition from vacation rental companies, coastal communities, and Florida Realtors who all urged Governor DeSantis to veto the measure.
“The bill fails to strike a fair balance between the rights of private property owners to rent their property on a short-term basis and the ability of local governments to regulate these rentals,” a website set up by Florida Realtors said.
On the other side, the Florida Restaurant and Lodging Association, also a politically prominent industry group, corralled its members to appeal to the governor to sign the bill.
“We were proud to work with the bill sponsors and have this important legislation pass this session as a solid framework and first step for regulatory reform in the sector,” Carol Dover, president and CEO of the Restaurant and Lodging Association said. Ms. Dover added, “We are disappointed with Governor DeSantis’ veto but will continue with our efforts to work toward a resolution and ensure equity across Florida’s lodging industry — from vacation rentals to hotels — to best serve our guests and promote their safety.”