3/21/19

HB1383 was passed by the House Civil Justice Subcommittee on Monday 3/25 on a party line vote of 10 to 5. It passed the Commerce Committee by a vote of 9 to 2. HB987 was passed by the Business & Professions Subcommittee on Tuesday 3/26 in spite of overwhelming opposition by all local authorities that testified and were only given 1 minute each to voice their concerns. It passed the Government Operations Committee on Monday 4/1 by a vote of 9 to 2. It passed the Commerce Committee by a vote of 13 to 11 on Wednesday 4/10. It next goes to the Full House. SB824 was heard by the Senate Innovation, Industry, and Technology Committee on Wednesday 4/10It was not put to a vote. All of these bills are very harmful to Home Rule.

Current Status

The Vacation Rental Industry applied its resources to pressure the both the 2017 and 2018 Legislature to roll back regulation from the 2014 compromise to 2011 that effectively eliminated the ability for local authority to regulate vacation rentals. In both years it failed by a narrow margin. The fight has started all over again in the 2019 legislative Session.

 The following are links to the bills currently filed for the 2019 session:

https://www.flsenate.gov/Session/Bill/2019/00824

https://www.flsenate.gov/Session/Bill/2019/00814

https://www.flsenate.gov/Session/Bill/2019/00812

https://www.flsenate.gov/Session/Bill/2019/00987

https://www.flsenate.gov/Session/Bill/2019/01196

https://www.flsenate.gov/Session/Bill/2019/01129

New as of 3/21/19:

https://www.myfloridahouse.gov/Sections/Documents/loaddoc.aspx?FileName=_h1383__.docx&DocumentType=Bill&BillNumber=1383&Session=2019

These bills if successful would have the following effects:

  1. Establish as a constitutionally protected right of any property owner to rent their property.

    The effect of this innocent sounding provision would be to entirely void ANY local government, homeowner association, condominium association or pre-existing property deed provision that restricts vacation rentals.

  2. “The regulation of vacation rentals, including, but not limited to, inspection, licensing, and occupancy limits, is expressly preempted to the state.”

    As it states, this would mean all regulation of vacation rentals would be done by the state, a most egregious example of the one size fits all mentality pervasive in the legislature.

  3. “A court of law shall determine … …establish by clear and convincing evidence that the local law, ordinance, or regulation complies with this section”

    In a court of law “clear and convincing” is the most rigid standard applied to an argument which means any local regulation must apply to this rigid standard in court. This would be applied vs. the “constitutionally protected” right referred to in #1 above.

  4. “when a complaint related to a vacation rental is reported. The Division….”

    Since control of vacation rentals is entirely preempted to the state, now if a neighbor has a complaint about a neighboring party house, the remedy will be to call the state. Your local government won’t have any authority.