ANNA MARIA – Prior to the approach of Hurricane Milton, Mayor Dan Murphy and city commissioners decided they would not enact a vacation rental moratorium.
Unlike the city of Holmes Beach, the cities of Anna Maria and Bradenton Beach are not enacting short-term vacation rental moratoriums. At the request of Gov. Ron DeSantis, the Florida Department of Business and Professional Regulation (DBPR) has issued an executive order pertaining to short-term rentals.
On Wednesday, the Holmes Beach City Commission enacted a 45-day vacation rental moratorium ordinance that took effect immediately regarding current and pending vacation rental stays. The moratorium does not prevent vacation rental owners and management companies from renting their properties to displaced residents and other Hurricane Helene victims, and city officials encourage doing so.
On Monday, the Anna Maria City Commission reached a unanimous consensus not to enact a vacation rental moratorium. On Thursday, the Bradenton Beach Commission reached a similar decision.
Anna Maria discussion
On Sept. 30, Murphy told city commissioners he received a call from Holmes Beach Police Chief Bill Tokajer earlier that day informing him the city of Holmes Beach was considering enacting a vacation rental moratorium and inquiring whether the city of Anna Maria had similar intentions.
“I don’t think it’s the right thing to do,” Murphy said. “If we were to pass such an ordinance, the state of Florida will call up all the abuses of power like they did after COVID, and they could potentially take away our ability to pass emergency ordinances in the future.”
He also said, “We would be meddling in the real estate business by forbidding vacation rentals.”
Murphy said he discussed a potential moratorium with Sen. Jim Boyd and Boyd suggested contacting the attorney general’s office first.
“If you pass something like that, forbidding vacation rentals, you’re going to get second-guessed all the way to the courthouse, not only by the state but by the realtors,” Murphy said when recapping his conversation with Boyd.
Participating by phone, City Attorney Becky Vose said, “I think it is wrought with all kinds of perils. Probably the biggest one that jumped out at me was the liability of the city for lawsuits for damages because cities, under the Florida Statutes, are not allowed to prohibit vacation rentals. You can do some regulation of them but not outright prohibit them. It’s one thing if the Island were closed, but if the Island’s open and you prohibit people from renting a vacation rental, I think we’d have a really good chance of losing in court; and there might be some serious financial consequences.”
Continuing, Vose said, “If it were to be construed as overreaching by the city, then it’s going to come back and bite us through the legislature. They have a history of coming back and biting us when they perceive we’re doing something that impinges upon vacation rentals, or businesses in general. From a legal standpoint, I think it’s a really bad idea.”
Participating by phone, Commissioner Kathy Johnson said, “I think it would expose us to Bert Harris lawsuits.”
Participating by phone, Commissioner Jon Crane said, “We just can’t put an iron curtain around the city.”
Commissioner Charlie Salem agreed and expressed additional concerns about hampering the economic recovery of Anna Maria’s tourist-reliant business and vacation rental community.
“Maybe a prohibition isn’t the best way to do that. I understand the sentiment behind it and I understand the risk as well,” he said.
Instead, Salem suggested using the city website and Facebook page to inform potential tourists of the realities they may encounter during the ongoing recovery process.
Salem, whose home was damaged, said, “It is not a fun place to be right now. Anybody thinking about a vacation here should consider that.”
Salem said it’s important to provide potential vacationers with credible information about what to expect when visiting Anna Maria during the recovery process.
Commissioner Mark Short agreed and said, “As long as we stick to the facts of what’s going on no one can accuse us of chasing people away. We’re simply stating here’s what it is.”
Short said it’s counterintuitive to allow someone from Bradenton to visit Anna Maria while prohibiting someone from New York, or any other destination, from doing the same thing.
The city of Anna Maria’s Facebook page now contains a status update that notes the city is still under a state of emergency and several factors need to be taken into consideration before traveling to Anna Maria at this time.
Those factors include limited access to the city due to a nightly curfew that remains in effect in Holmes Beach, traffic delays when entering the Island, restaurant and business closures, contaminated swimming pools, closed beaches and congested and debris-laden roadways.
“We hope to have our city back to normal soon!” the Facebook message says.
State order
Late Thursday morning, Gov. Ron DeSantis held a press conference in Anna Maria in front of the heavily damaged Rod & Reel Pier. During the press conference, he announced the Florida Department of Business and Professional Regulation (DBPR) was issuing an executive order pertaining to short-term vacation rentals.
“We understand that housing is a challenge. If you had four feet of water in your house, even if it’s not a total loss, you’ve got to gut that drywall and there’s a rehab process,” DeSantis said.
“Today, I am announcing that I am taking executive action to temporarily lift time restrictions on rentals and we’re directing municipalities and counties to do the same. We have regulations – some of them local, some of them state – that require rentals to be greater than or less than 30 days depending on the locality. The bottom line is you may need less than 30 days if you’re rehabbing your home. Maybe you need a little bit more. If you are a victim of Hurricane Helene, those stipulations are lifted and you can rent what you need regardless of any arbitrary rules. This will help provide immediate housing for those who need it,” DeSantis said of the executive order applicable to all counties declared to be in a state of emergency due to Hurricane Helene.
In response to a question posed by The Sun regarding the Holmes Beach moratorium, DeSantis said, “If someone’s got a rental in Holmes Beach and you lost your home you have a right to enter into that agreement and do a 15-day rental or a 30-day rental or whatever you need. But it is limited to the people that were displaced from their homes. Obviously, these local municipalities have certain authority to do it how they want to do it for the general public, but for our storm victims, we want to give them as many options as possible.”
Another media member asked DeSantis what message should be sent to vacationers still planning or considering a visit to the Island.
“We want the economy to get back going,” DeSantis said. “We want people to be able to come. There may be some areas where it may be a little more challenging, but the goal needs to be to get people back up and get the tourism flowing again. There was a lot of storm surge and there’s been a lot of damage and they’re cleaning it up, but this is a beautiful part of the state. There are local issues I think they can work that out however they see fit. The state of Florida’s open for business.”
Holmes Beach curfew
When speaking to the Sun Thursday afternoon, Tokajer noted the city of Holmes Beach still has a nightly curfew in effect and a curfew checkpoint at the entry to the city via Manatee Avenue. The curfew is expected to remain in effect until the moratorium is lifted.
Tokajer said vacation rental guests headed to Anna Maria or Bradenton Beach are free to enter through Holmes Beach between 7 a.m. and 7 p.m. but if they leave the Island and try to return after the curfew takes effect at 7 p.m. they will not be allowed through the Holmes Beach curfew checkpoint without a re-entry tag issued by one of the Island cites.
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