They all knew it was coming.
A vacation property management company based in Ponte Vedra Beach filed suit in March against Flagler County. Commissioners there passed an ordinance in February regulating short-term rentals.
Anna Maria Island officials have expressed concerns about possible litigation resulting from their own set of proposed regulations on rentals.
“It’s nice to know someone else is dealing with it before we are. I sure hope they win,” Holmes Beach Commission Chair Judy Titsworth said of Flagler County, “because, gosh, if we can’t do something like this there’s nothing we can do.”
The cities of Anna Maria and Holmes Beach are in various stages of discussion on short-term rental regulations — modeled after Flagler County’s ordinance. Bradenton Beach introduced discussion on a short-term rental ordinance in March.
“We just briefly touched on the subject. I guess we have to let things work out. The main concern of the whole thing is that it’s very complex. There’s no easy answer,” said Bradenton Beach Mayor Bill Shearon.
The plaintiffs in the Flagler case, Vacation Rental Pros Property Management, owned by Steve Milo, and 30 Cinnamon Beach Way LLC, managed by Milo’s company, assert the ordinance violates state statutes and the state constitution.
Holmes Beach city attorney Patricia Petruff distributed the lawsuit notice with certain assertions highlighted to Holmes Beach commissioners March 26.
Petruff highlighted provisions challenged in the Flagler ordinance that:
• Restrict short-term rental occupants from parking in the county-owned right of way when such is allowed for neighboring non-rental occupants.
• Require inspections to ensure imposed short-term regulations are being upheld.
• Require a certificate of registration from the Florida Department of Revenue for the purposes of collecting otherwise unrequired taxes.
• Require additional fire safety standards beyond statewide code for public lodging establishments.
• Allege the ordinance oversteps zoning power rights.
• Require individuals — property owners — be reachable at all times as opposed to a state law that requires companies assign an agent to the property.
• Prohibit vacation rentals. If a property cannot meet the ordinance requirements, it cannot be a short-term rental.
Titsworth shared the concern that any rule could be considered a prohibition.
“What can we do? Because no matter what we do, does that mean we’re not allowing it?” she said.
The suit seeks a declaratory judgment on eight counts, citing property owners’ protection rights and privacy rights. The Flagler County ordinance requires short-term rental leases list all occupants and ages.
The plaintiffs want the court to rule the ordinance invalid and unenforceable.
Injunctive relief also is being sought, as the suit alleges certain provisions cannot presently be met.
Vacation Rental Pros Property Management manages more than 70 vacation homes in southeast and central Florida.
And 30 Cinnamon Beach Way LLC is an 11-bedroom home in a gated community. Flagler County commissioners unanimously approved the property for short-term rental in 2001.
“It’s not something that affects only the island communities. It affects everybody in the state,” said Shearon.