The time for appeals has passed and the West Manatee Fire Rescue District is ready to break its silence.
The district issued a news release July 2 regarding Circuit Judge Edward Nicholas’ May 29 ruling in favor of WMFR over the plaintiff, Holmes Beach-based C&D Properties of AMI, owned by Larry Chatt, broker at Island Real Estate.
“The court’s decision affirms our commitment to ensuring all assessments are fair and equitable for all property owners in the district,” WMFR Fire Chief Ben Rigney stated in the release.
In fiscal 2023-24, WMFR launched its vacation rental inspection program, which involves inspecting transient public lodging establishments in the district for compliance with the Florida Fire Prevention Code.
To fund the program, the district began assessing vacation rentals as commercial properties, which have higher tax rates than residential properties.
C&D, the owner of two condominiums operated as TPLEs in Holmes Beach, filed a lawsuit in February 2024 arguing that WMFR’s fire assessment rate change was unlawful.
However, Nicholas ruled in favor of the fire district and denied the company’s requested injunctive relief.
C&D had until June 28 to appeal but did not do so.
WMFR’s July 2 news release states that the FFPC requires elevated life safety standards, inspections and enforcement for short-term rentals compared to traditional single-family residential properties, so the assessment change was done to more equitably apportion costs.
“The fire commission has never opposed short-term vacation rentals within the district,” Rigney stated. “The fire commission believes that property owners have the right to choose how they use their homes. However, if they opt to operate a vacation rental, they should bear the additional costs for the inspections and life safety enforcement required by the Florida Fire Prevention Code.”