BRADENTON – C&D Properties of AMI has not appealed a judge’s ruling in favor of the West Manatee Fire and Rescue District’s (WMFR) right to levy annual assessments on short-term vacation rental properties at a higher commercial rate rather than a lower residential rate.
The 2024 lawsuit pertained to two condo units 101 67th St. in Holmes Beach owned by C&D Properties. On May 22, 12th Judicial Circuit Court Judge Edward Nicholas issued his written order in favor of WMFR, followed by his final order on May 29. C&D Properties then had 30 days to file an appeal and did not.
On July 2, WMFR issued a written statement that addressed the lawsuit.
“The West Manatee Fire and Rescue District has prevailed on all counts in a legal challenge brought by a short-term residential property owner over the district’s higher non-ad valorem assessment rates for such properties. The plaintiff did not appeal the ruling and the appeal period has now expired,” according to the statement. “The plaintiff argued that the district’s imposition of a higher ‘commercial’ assessment rate on short-term vacation rental properties was an unlawful regulation and preempted by Florida Statutes. The court rejected those claims, upholding the district’s authority to increase assessments based on property usage – particularly where such use demands higher service levels and resource allocation from the fire department.
“Florida’s Fire Prevention Code requires elevated life safety standards, inspections and enforcement from fire departments for short-term rentals compared to traditional single-family residential properties. The court confirmed the district lawfully applied its special assessment powers to equitably apportion costs among properties requiring more extensive fire and safety services,” according to the statement.
The statement notes the higher commercial rate is also applied to residentially-zoned assisted living facilities and daycare centers that are also subject to stricter fire code standards.
“Importantly, the court found that the district’s assessments did not constitute a regulation and did not prohibit or limit vacation rental operations, nor regulate the duration or frequency of such rentals,” according to the statement.
“The Fire Commission has never opposed short-term vacation rentals within the district,” Fire Chief Ben Rigney said in the statement. “The Fire Commission believes 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.”
WMFR is an independent special fire control district that operates three fire stations and serves Anna Maria, Bradenton Beach, Holmes Beach and the unincorporated areas of Cortez, Palma Sola and northwest Bradenton.
