Vacation rental preemption left Ron DeSantis cold, but it’s back in 2021

Bills to anticipate local vacation rental rules looked set to be passed in the House and Senate before the governor declared he was not a fan.

Govt. Ron DeSantis told reporters last February he had “privately voiced” his “concerns” about “micromanaging vacation rentals” as something that “should be determined locally.”

Although DeSantis has given no indication that he has changed his mind, the House will join the Senate to consider new legislation from Tuesday.

representing Jason fischeris relaunched HB 219 would change the way short-term rentals, such as Airbnb, VRBO, and others, are regulated, with platforms needed to verify state licensing.

Platforms will need to have taxation mechanisms and require a registration permit, but concerns remain about the state’s ability to enforce its guidelines.

Just as the state regulates public accommodation (hotels and motels) and dining establishments, it would also regulate Airbnb, VRBO, etc. through the Department of Business and Professional Regulation (DBPR).

These regulations are only allowed if they apply to all properties, including long-term rentals and owner-occupied homes.

Laws adopted before June 2011 will benefit from acquired rights. However, the laws of the intervening nine years would be limited, with local zoning not just “distinguishing” short-term rentals.

In turn, owners of rented properties have certain obligations, the main one being a display of their vacation rental housing license.

The bill also contains provisions that strengthen the regulation of short-term rental services themselves. Among them are the requirements for displaying information on license, sales tax and tourism development tax.

Quarterly verification is required, along with a stipulation that non-conforming properties are removed from platforms within 15 days.

The senatorial version is managed by its 2020 sponsor, Sen. Manny Diaz, Jr. The two bills have found their way. Fischer died on the House calendar, and Diaz only had one Senate committee to form.

Florida Politics has reached out to Fischer for comment on relaunching preemption and whether DeSantis has accepted the proposal and will update if it responds.


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