Local beach towns could regain some power to regulate short-term rentals in their residential neighborhoods.
More recently, the Second District Court of Appeals partially ruled against a former vacation rental owner, effectively endorsing Redington Shores’ strict short-term rental regulations.
“This win is huge,” said Mayor MaryBeth Henderson, “not just for Redington Shores, but for vacation rentals everywhere.”
Nearby Redington Beach is halfway through approving similar tough regulations as an interim measure in its fight to ban vacation rentals altogether in its residential neighborhoods. A final vote is scheduled for December 21.
The city, which lost an appeal last month over the validity of a 2008 ordinance and a successful referendum in March that would ban vacation renters, has filed a new lawsuit seeking to validate that referendum, in which 86% of his constituents approved a move to ban vacation renters altogether.
Meanwhile, the city is considering an ordinance that officials say would create strict regulations for vacation rental owners.
“If the judgment comes back in our favor, then these (bylaws) all go away,” said Redington Beach Mayor David Will.
Legal disputes over short-term rentals in residential neighborhoods began in earnest after the Florida legislature in 2011 barred cities and towns from banning or regulating vacation rentals unless they already had such regulations in their books.
Several years later, responding to angry cities and their residents, the legislature amended that action to allow municipalities to regulate issues such as noise, waste and life safety. However, cities were still prohibited from regulating the length or frequency of such rentals.
“Cities without short-term rental regulations in place prior to June 1, 2011 have had their zoning authority removed and are now seeing these rentals completely overtake residential neighborhoods. As a result, longtime residents are moving out and the residential character of traditional neighborhoods is slowly being destroyed,” according to a 2021 Florida League of Cities report.
This year, the League reiterated its call for the state to reinstate the “home rule” for municipalities to allow them to change existing short-term rental regulations, an issue that is currently before several courts, with towns and villages increasingly winning their cases. Others are still pending.
Several months ago, owners of short-term rental properties failed to stop a referendum on Marco Island that authorized new vacation rental regulations.
Palm Beach County was sued by Airbnb last summer over a regulatory order requiring the company to collect tax on beds, claiming it was unconstitutional.
Just recently, one of the grandfathered towns, Longboat Key, began considering further tightening its short-term rental ordinance by requiring tenant landlords to register their properties.
Indian Rocks Beach is considering raising inspection fees for vacation rentals and limiting the number of guests that can be accommodated at one time.
“I believe short-term rentals are a cancer that erodes the residential and family character of a community,” Will said. “Our efforts are 100% to resolve this situation and prevent short-term rentals.”
The city is virtually entirely single-family residential and historically did not allow short-term rentals in its residential neighborhoods. The action of the legislature changed that.
During a Nov. 30 workshop and Dec. 7 commission meeting, officials and residents debated the toughest vacation rental regulations they said would be upheld. by the courts.
Many residents wanted to make regulations on short-term rentals even tougher. Suggestions ranged from not allowing patrons access to the city beach to requiring background checks, asking patrons if they are registered sex offenders and charging extremely high permit fees.
Commissioners have also called for stricter regulations.
“What about requiring the landlord to check their property at 7 a.m., 12 p.m., 5 p.m., 9 p.m., midnight, and 4 a.m.? asked Commissioner Richard Cariello.
“I don’t want to add things that would put us in a position to lose in court,” City Attorney Robert Eschenfelder recently warned the commission. “It is unlikely to be confirmed.”
The proposed 20-page order will be considered for a final vote at a committee meeting scheduled for 6:30 p.m. on Tuesday, December 21.
Old commission faux pas
The current commission acknowledges that a previous set of commissioners erred in 2008 when they ignored a charter requirement to hold a referendum before changing its zoning bylaws to ban vacation rental activity.
Just before a referendum was held earlier this year to correct that error, it was declared invalid by a state appeals court. The city is questioning this issue, arguing the success of the March referendum and therefore the 2008 ordinance is enforceable.
“I’ve had six years of hell with a five-bedroom house next door to us,” resident Scott Doyle said. “The key is to make it so uncomfortable and so untenable for short-term renters.”
The committee accepted.
The proposed ordinance, which passed unanimously on first reading, vividly describes the effects of vacation rentals in the city, including “regular noise pollution, vandalism, trespassing, public urination and the no – compliance with parking, solid waste and waste regulations”.
Additionally, the ordinance states that vacationers are often “hostile” towards residents when confronted with their behavior.
Generally, the ordinance requires each vacation rental accommodation to be officially registered with the city and pay yet-to-be-determined fees and business taxes to reimburse the city for administering the bylaws.
This fee would cover the costs of inspecting and managing vacation rentals in the city, such as hiring one or more additional assistants and an additional building official.
Some commissioners had suggested charging more than $100,000 a year for each vacation rental, but Eschenfelder said those fees should be “reasonable.”
Some of the rules operators of vacation rental properties in Redington Beach would have to follow under the proposed new rules include:
• Permit applications must be completed in person at City Hall and renewed annually.
• Maximum of eight people per accommodation and a maximum of two people per room.
• Each vacation rental must be inspected for compliance by the city’s building official before being permitted to accept guests.
• Operators must respond within the hour to any complaint or question from the city and must be available to the city, the police and the fire department 24/7.
• Guests must be informed of their sex offender status and, where applicable, be required to register with the sheriff’s office and comply with state distancing requirements from schools, parks, playgrounds. games and similar places where children could congregate.
• Vacation rental properties must comply with all requirements of the Americans with Disabilities Act, including providing a designated parking space for persons with disabilities.
• Guests are not permitted to have pets or amplified music outside at any time.
• Guests must observe a “quiet” period from 9:00 p.m. to 7:00 a.m. and refrain from loud noise and other restrictions.
• Parking is limited to the vacation rental property and prohibited in other areas of town.
• Owners/managers must keep complete guest records, including official identification and guest stay details, for at least two years.
• A professionally executed site and structural layout plan (by an architect, engineer or draftsman) must match official property records.
• Vacation rental, zoning and driving regulations provided by the city should be posted near the front door.
• A new owner of an existing registered vacation rental property must complete a completely new registration process with the city.
Eschenfelder expects those rules to be challenged in court by vacation rental owners.
“That’s what everybody does on the beach, sue,” he said.
Ongoing legal battles
Although Redington Shores has just won the right to regulate vacation rentals, the Court of Appeals has returned another issue regarding First Amendment free speech rights to the Circuit Court for reconsideration and possible trial.
Last year, the city approved a set of rules governing short-term rental properties in its commercial tourist district. The rules require landlords to obtain a permit from the city and set occupancy standards and operating regulations, similar to those being considered in Redington Beach.
The court upheld those regulations, describing them as a “minimum burden” on owners of vacation rental properties.
It remains to be seen, however, whether a vacation rental owner may be required to “promptly” track and report any violations of the city’s short-term rental rules. The appeals court said there was insufficient evidence in the court file to decide the issue.
However, Eschenfelder, who also represents Redington Shores, says the city may decide not to pursue the case.
“I don’t know if this provision could be applied. How can we prove that an owner knew his guests were breaking the rules? ” he said.
Eschenfelder said the ruling, while “mixed,” was the first time a Florida appeals court had considered challenging a municipality’s ability to make rules regulating short-term rentals.
“It was a good result for Redington Shores and all the other towns there,” he told the Tampa Bay newspapers.
Carol Muszik, who sued Redington Shores for alleged harassment over the operation of vacation rental properties, said she will continue her fight.
“I’m still in the game on a lot of issues,” Muszik said. “I’m way off in my legal battles against Redington Shores and its current mayor and attorney.”
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