Senate Bill 280 could spell the end for the island cities’ local vacation rental regulations.
But the cities of Anna Maria and Holmes Beach are not going out quietly.
Anna Maria Mayor Dan Murphy announced March 14 that he was set to meet in the next week with Republican Gov. Ron DeSantis, who will have the final say on whether SB 280 — which would preempt rental regulations to the state — becomes law.
SB 280, “Vacation Rentals,” was filed last November by Sen. Nick DiCeglie, R-St. Petersburg, and an amended version passed through the state legislature as the session ended March 8.
The bill would preempt to the state vacation rental regulations adopted before June 1, 2011, and establish statewide definitions and rules for vacation rental activity.
That would include the implementation of statewide maximum overnight occupancy limits, which would be two people in one common area, plus two people per bedroom — or more if there is at least 50 square feet per person.
SB 280 also would cap fines for rental violations at $500 and, in Anna Maria, direct appeals to the courts instead of special magistrate hearings.
As of March 15, the bill had yet to be presented to the governor, who will have 15 days following its presentation to sign or veto the legislation.
The legislation will automatically pass if DeSantis takes no action, so his veto is needed to kill the bill.
Murphy said the city’s lobbyist, Tallahassee-based Corcoran Partners, scheduled his meeting with the governor.
Murphy said he plans to express to the governor his concerns about SB 280, such as how the bill would implement “virtually unenforceable” occupancy and how the state’s enforcement staff would be inadequate to enforce rental violations across the state.
“It’s not fair. … This is something that could change the whole complexion of this city. This is something that could be really devastating to us,” Murphy said. “Our hands are really tied.”
“This is something that has to be taken care of. I’ll give it my best shot,” he added.
“Godspeed,” Commissioner Jonathan Crane said.
In the meantime, Holmes Beach city commissioners unanimously voted March 12 to approve a letter drafted by city attorney Erica Augello to DeSantis requesting he veto SB 280.
The letter states, “Our community does not support this bill and is concerned about the effects its passage will have, not just on our citizens, but also the business owners and visitors of the City of Holmes Beach.”
The city argues in the letter that local regulations have been effective in addressing vacation rental activity in the city for more than a decade.
“While SB 280 on its face appears to give local governments the ability to implement vacation rental registrations, it puts severe limits on the scope of that regulation to the extent that implementing and enforcing the regulations will be at great expense to the taxpayers, with little to no hope of compliance,” the letter states.
According to the letter, the law would limit governmental ability to recoup the cost of enforcing rental violations, while providing an “avenue for property owners to openly violate those laws to their advantage.”
Additionally, the city argues that the “understaffed and underfunded” Florida Division of Business and Professional Regulation would be tasked with enforcing rental regulations despite a “limited and meager appropriation” to fund those activities.
Mayor Judy Titsworth presented the letter, which was not included on the meeting agenda, during the mayor’s comments.
After the discussion, city commissioners reached a consensus to approve it and send it to the governor’s office without revisions.