TALLAHASSEE – The Florida Legislature has failed in its efforts to preempt the regulation of short-term vacation rentals to the state.
During the 60-day legislative session that concluded on May 5, the Florida Senate and House of Representatives both proposed preempting the regulation of short-term vacation rentals (also known as transient public lodging establishments) to the Florida Department of Professional and Business Regulation (DBPR).
Doing so would have severely limited city and county governments’ ability to regulate and inspect short-term vacation rentals at the local level. The proposed legislation would have prohibited city and county governments from imposing and enforcing occupancy limits and would have also ended their ability to regulate and enforce short-term vacation rental advertising by online platforms such as Airbnb and Vrbo.
Florida law defines a transient public lodging establishment as any unit, group of units, dwelling, building or group of buildings rented to guests more than three times in a calendar year for periods of less than 30 days or one calendar month, whichever is less; or which is advertised or held out to the public as a place regularly rented to guests.
On April 27, the Senate adopted SB 714 on third and final reading by a 28-10 margin. Sen. Jim Boyd (R-Bradenton) and Sen. Joe Gruters (R-Sarasota) voted in favor of the proposed legislation.
On May 3, the House voted 73-39 in favor of adopting on third reading an amended version of House Bill 833. Rep. Will Robinson Jr. (R-Bradenton) voted in favor of the proposed legislation.
According to Anna Maria Mayor Dan Murphy, a last-minute amendment made to the House bill would have prohibited local governments from suspending for any reason a locally issued vacation rental registration or license.
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The House amendment resulted in HB 833 no longer being an identical companion bill to SB 714, which in turn resulted in the non-matching House and Senate vacation rental bills both dying. If matching House and Senate bills had passed through their respective governing bodies, the legislation would have been sent to Gov. Ron DeSantis for him to veto or sign into new state law.
Using the city’s contracted lobbyist and the city-owned Home Rule Florida website, Murphy, the Anna Maria City Commission and City Clerk LeAnne Addy led the statewide opposition to the proposed vacation rental legislation. According to Addy, the Home Rule Florida website generated and resulted in approximately 40,000 opposition emails being sent to state legislators during the past two months.
When contacted Friday, Murphy shared his thoughts on the failed legislation.
“We are pleased that the vacation rental legislation died a natural death. It was poorly thought out and would have been unenforceable by the state,” he said.
“At the same time, we realize this issue will come back again even stronger next year. So, we’re preparing for that fight now. HomeRuleFl.com served a vital role in getting the word out, not just locally, but across the state as well. We plan to expand our coverage over the next few months so as to have greater coverage and an even more diverse universe of users interacting with our website,” Murphy said.
