Friday, September 23, 2011

More on the Florida Ban on Local Vacation Rental Laws

Here is more information on the bill that passed in the Florida State house in 2011 to prevent local governments from "prohibiting or restricting transient... dwellings by ordinance."  There is a Summary, a Legislative Analysis and the Bill itself.

        1. Florida House Bill 883 Summary

The bill replaces the classifications “resort condominium” and “resort dwelling” with the single term “vacation rental.” It provides that local laws, ordinances, or regulations may not restrict the use of vacation rentals, prohibit vacation rentals, or regulate vacation rentals based solely on their classification, use, or occupancy. However, the bill specifies that this prohibition does not apply to any local law, ordinance, or rule adopted on or before June 1, 2011. The bill also exempts from the prohibition local laws, ordinances, or regulations exclusively relating to property valuation as a criterion for vacation rental if it is required to be approved by the Department of Community Affairs pursuant to an area of critical state concern designation.

Read the full Summary ...

        2. Final Bill Analysis

As to vacation rentals, the bill:

  • Reclassifies resort condominiums and resort dwellings as „vacation rentals,‟ a newly defined class combining the two previous classes. 
  • Preempts new local regulations of vacation rentals based solely on classification, use or occupancy. 
Read the full Legislative Analysis ... Scroll down to the section on VRs.

        8. The Final Bill

"A local law, ordinance, or regulation may not restrict the use of vacation rentals, prohibit vacation rentals, or regulate vacation rentals based solely on their classification, use, or occupancy."

Read the entire bill here ...



Also see the posting entitled "Florida Bans Local Governments from restricting short-term rentals" in this blog.

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