A vacation rental preemption bill is making its way through the state Legislature.
And concern among island officials is growing.
Anna Maria city attorney Becky Vose Jan. 25 discussed with city commissioners some of her concerns about Senate Bill 280, sponsored by Sen. Nick DiCeglie, R-St. Petersburg.
DiCeglie filed the bill last November and it has passed the Senate Regulated Industries and Fiscal Policy committees on 4-0 and 12-5 votes, respectively.
SB 280 has a companion bill, House Bill 1537, sponsored by Rep. Philip Griffitts Jr., R-Panama City, which has yet to make its way through the House Regulatory Reform & Economic Development Subcommittee.
Vose called SB 280 “disastrous” and said the bill could have “devastating” results for the city and other municipalities if it becomes state law.
According to Vose, the bill would:
- Remove limits on occupancy by allowing local governments to set occupancy caps only based on a unit’s number of “sleeping accommodations,” which remains an undefined term in the bill;
- Eliminate the regulation of the number of vehicles at vacation rental properties;
- Eliminate local government’s ability to conduct annual rental inspections for compliance with the Florida Building Code and the Florida Fire and Life Safety Codes. Inspections would only be allowed upon initial application for registration or when a registration is changed;
- Cap the cost of vacation rental registration fees at $150, as well as all subsequent renewal fees at $50;
- Eliminate local government’s ability to require rental agreements and postings at rental units to inform guests about local regulations.
Some of the main concerns for the city include the removal of practical occupancy limits and the capping of rental registration and renewal fees, since the city bases its annual registration fees on maximum occupancy.
The city’s registration fees are designed to pay the cost of enforcing its vacation rental registration program, which the municipality adopted in 2015.
Vose wrote in a Dec. 11, 2023, memorandum to city officials regarding SB 280 that the new caps would transfer “the bulk of the cost of regulation and registrations of vacation rentals to the taxpayers of the city in general.”
Another issue is that SB 280 would make “illusory” the state’s ability to enforce its own “meager” regulations, according to Vose.
The bill allows cease-and-desist orders to enforce state requirements for vacation rentals but prohibits the enforcement of rental violations through state administrative hearing processes, which Vose said are “highly effective.”
Despite all of SB 280’s downsides, Vose said that the bill has been touted as good legislation by the Florida League of Cities. She said her law firm — Winter Park-based Vose Law Firm — sent the FLC complaints about the bill.
“It’s a disaster and unfortunately the Florida League of Cities doesn’t seem to recognize it. A lot of cities don’t seem to recognize it. It’s bad all around,” Vose said.
Anna Maria is not alone in its concerns. The city of Holmes Beach recently sent a letter to state legislators voicing the municipality’s opposition to the bill.
Anna Maria Commission Chair Mark Short said SB 280 was part of an “annual battle” over vacation rental regulations that he has seen between the state and local governments since he joined the commission in September 2019.
Short said he hopes people will come to realize how bad the bill is as the situation continues to develop.
“It’s horrible,” he said.
Short urged people to visit homerulefl.com, Anna Maria’s website that provides information about the legislative session and facilitates correspondence with state officials.
The legislative session began Jan. 9 and is set to end Saturday, March 9.
Effect on WMFR?
While local governments across the state will feel the impact of SB 280 if it passes, the bill might not make much of a splash for the West Manatee Fire Rescue District.
The district implemented a vacation rental inspection program to enforce compliance with state fire codes for fiscal 2023-24, which began Oct. 1, 2023.
WMFR fire marshal Rodney Kwiatkowski told The Islander Jan. 26 that he has reviewed SB 280 and believes the bill would have no impact on the district’s vacation rental inspection program.
