The Florida Senate and House recently passed Senate Bill 280 (SB 280), which aims to regulate vacation rentals in the state. This bill has been a topic of much debate and discussion among lawmakers, vacation rental owners, and local communities for over a decade.
Under this new bill, vacation rental properties will be required to register with the state and obtain a license, but local communities will also be able to require a secondary registration. This will ensure that these properties meet certain safety and health standards and adhere to local zoning laws. Additionally, the bill includes provisions for collecting and remitting taxes on these rentals.
While FAVR, the Florida Alliance For Vacation Rentals, supports fair regulations, compliance, and taxation, it has some reservations about SB 280’s language in several problematic areas. Their non-profit organization isn’t alone in its concerns about this bill and its unintended consequences.
The passing of SB 280 has been met with mixed reactions. Supporters of the bill argue that it will help protect the safety and well-being of vacation rental guests and preserve the character of local neighborhoods. On the other hand, opponents argue that the bill will impose unnecessary regulations, inspections, and fees on vacation rental owners, potentially driving them out of business or forcing costly litigation for homeowners and municipalities.
In addition, FAVR says the bill goes much too far challenging the constitutional private property rights of a 30 Billion dollar per year contributor to the Florida tourism/lodging industry. That’s where FAVR has concerns. The top concerns highlighted within this overwhelming 37-page bill;
• It will impose an unknown fee structure per jurisdiction based upon what the legislation cites as a “REASONABLE FEE’S.”.
• It eliminates due process on the revocation of operating registrations and advertising for vacation rental homes.
• It provides a streamlined path to lien and foreclose on a residential property within months.
• It limits residential home occupancy for guests and could deny multi-generational stays that are the staple of Florida’s family travel market.
• This bill eliminates consumer protections for millions of Florida travelers who could be left without accommodations.
But the concerns of the unknown negative impacts of SB 280 are yet to be determined, putting aside its nearly 4-million-dollar annual price tag to taxpayers.
The list continues to grow on the opposition side for SB 280. Florida cities, counties, tax collectors, online travel agencies, Realtors, vacation rental homeowners, managers, and more have all vocally opposed this ill-conceived legislation. The only supporters seem to be the hotel industry, which consistently tries to stifle their vacation rental competition. Florida vacation rentals are currently one of the most regulated lodging sectors in Florida, with city, county, state, and federal compliance areas.
SB 280 sponsors and supporters claim that this bill strikes a balance between protecting the rights of property owners and ensuring the safety and satisfaction of vacation rental guests. It also addresses the concerns of local communities and provides a fair and consistent framework for regulating vacation rentals across the state. However, opposition to the bill is from all stakeholders mentioned.
The bill will now move on to Florida Gov. Ron DeSantis for consideration. The industry and local governments are all asking for the Governor to Veto this legislation. FAVR supports fair and reasonable legislation, but this is not it. As the debate continues, it is clear, that the regulation of vacation rentals in Florida is a hot topic that will have a significant impact on both the tourism industry and local communities as time goes on.
FAVR has been advocating for over 30 years on behalf of the thousands that own, rent, and manage vacation homes statewide and the hundreds of thousands of Floridians working in the vacation rental lodging industry. Good public policy is recognized by overwhelming support, not escalating opposition. FAVR respectfully asks that Gov. DeSantis veto SB 280.
