The battle for short-term vacation rentals in single-family neighborhoods has resumed in Tallahassee, with many Brevard owners having a vested interest in the outcome of what has become an annual skirmish.
On the one hand, vacation rental companies are seeking to stop Florida cities and counties from imposing local regulations on them. On the other hand, landlords who see short-term home rentals as a loud and disruptive nuisance want the business to be controlled.
Leading lawmakers support the industry’s arguments that these rentals are a vital engine for Florida’s tourism economy and should also be protected due to property rights issues.
But efforts to limit local rental regulations have met with stiff opposition, especially from resort towns which have seen a proliferation of large rental homes in recent years. Residents complain that living next to rental housing is like living next to a hotel.
That’s true in Cocoa Beach, said Commissioner Mike Miller, who recently received a petition in his mailbox with 23 signatures asking the city to close only one vacation rental operating in their neighborhood. Residents have raised concerns about noise, parking and garbage.
It’s a growing trend in Cocoa Beach: Airbnb ad listings on HomeAway, a similar platform, in the city have increased by about 445% since the third quarter of 2016, according to data analysis site AirDNA. .
The city has several regulations on vacation rentals, requiring inspections, compliance with safety and fire codes, and more. The bill under consideration by the Florida legislature would limit the city’s ability to enforce rules like these.
The legislature banned cities and counties from adopting new vacation rental rules in 2011, while retaining vested interests in any rental rules passed before the bill was passed. In the face of public backlash, lawmakers revised the pre-emption law in 2014 and allowed communities to regulate rentals, as long as they don’t outright ban them or limit their frequency or duration.
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Now lawmakers want to revert to the 2011 standard and ban all local vacation rental regulations, while continuing to retain vested interests in previously adopted rental rules.
Rent legislation (SB 1128) sponsored by Senator Manny Diaz, R-Hialeah, authorized his first Senate committee on Monday by an 8-2 vote, with a Democrat and a Republican voting against.
If the Florida legislature passes the bill, Miller said, it would be a blow to Cocoa Beach’s ability to defend its residents. It will encroach on the “home rule” of the city, its power to govern itself.
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“It’s the principle of home rule,” Miller said. “Shouldn’t the regulations match the values of the people who live in the community?
Titusville resident JD Daniel is familiar with the local ordinances that regulate vacation rentals. In July, he beat a code violation case in which the city said it broke the city code by renting rooms in his house in a residential neighborhood. Titusville prohibits homeowners in certain residential areas from renting their homes for less than three months.
Daniel continues to rent his house through Airbnb and supports the Senate bill. Although he said he believes vacation rentals should be regulated, he believes municipalities don’t have the knowledge or the resources to do it themselves. This is a matter best left to the state, he said.
But he acknowledged the damage vacation rentals can cause, making it difficult for residents to find affordable long-term rental accommodation as real estate speculators enter the more lucrative short-term market.
He also criticized absent hosts who own local property but live elsewhere, leaving their guests unattended, saying resident hosts are more sensitive to their neighbors because they also live there.
“They’re not going to have parties, garbage on the lawn, horns, parking all the way down the street,” he said. “They have a vested interest in the community.”
Although Airbnb cracked down on its host somewhat, banning major parties and events at homes on its platform in November, Daniel said he was skeptical of Airbnb’s ability to self-regulate given the income that the company derives from lax owners.
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Brevard County has a great relationship with Airbnb, said Peter Cranis, executive director of the Space Coast Office of Tourism. The company collects the tourism development tax itself and pays it to the county, saving local authorities time and effort.
But Cranis said it was important to impose certain safety standards on vacation rentals.
“Of course we want people to be safe when they come here,” he said. “We don’t want them to stay in a place that doesn’t meet safety and health standards.
Hoteliers have been among the most ardent critics of Airbnb and other platforms precisely because they say vacation rentals have an unfair advantage due to their lack of safety regulations.
Tom Williamson, managing director of Ocean Partners, which operates four Cocoa Beach hotels, said some hotel safety rules exist because people in facilities don’t know the environment the same way they know their own home. .
Therefore, visitors need exit signs and other safety devices, he said. Since Airbnb customers know their surroundings just as little, it doesn’t make sense for them not to take the same steps, he said.
Airbnb is bad for its business; the increased supply of rental options means a decrease in demand for traditional hotel rooms. But Williamson said it was inevitable and welcomed caring short-term rental owners.
“If they’re regulated, safe, and pay their taxes, they’re fine for me,” he said. “I hope they find success.”
Senator Wilton Simpson, a Republican from Trilby who is slated to become Speaker of the Senate next year, said on Monday he hopes to finally solve one of the thorniest issues the Legislature has faced in recent years.
“We’re trying to get this one off the table,” Simpson said.
Sarasota Herald-Tribune political editor Zac Anderson contributed to this report.
Bailey Gallion is the business and development reporter for FLORIDA TODAY. Contact Gallion at [email protected] 321-242-3786.
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