Understanding Florida's Vacation Rental Legislation: What Buyers and Sellers Need to Know
As a real estate agent operating in Florida, it's crucial to stay updated on legislative changes that could impact the vacation rental market. Recently, proposed legislation known as CS/SB 280 has stirred debate and awaits Governor Ron DeSantis' decision. Here's a breakdown of what this legislation entails and how it could affect both buyers and sellers in the vacation rental sector.
State Preemption and Local Regulation Changes
If signed into law by Governor DeSantis, CS/SB 280 would preempt vacation rental regulation to the Florida Department of Business and Professional Regulation (DBPR). This means that local governments, including those on popular destinations like Destin & Panama City Beach, could see a reduction in their authority over vacation rental regulation and enforcement.
While local governments would still have some oversight, including conducting health and safety inspections and maintaining a vacation rental registry, the extent of their regulatory powers would diminish.
Occupancy Limits and Designated Representatives
One significant aspect of the proposed legislation is the establishment of statewide vacation rental occupancy limits. Vacation rental owners, managers, and operators would need to adhere to these limits, ensuring that the number of occupants does not exceed specified guidelines based on the number of bedrooms and common areas. The legislation specifically states that occupancy shall be no more than 2 persons per bedroom, plus 2 persons per common area.
Additionally, owners would be required to designate a representative available 24/7 to respond to complaints or emergencies. This individual would also receive violation notices issued by local municipalities or the DBPR.
Enforcement and Penalties
Under CS/SB 280, local governments would still play a role in enforcing vacation rental regulations. They would issue written notices of violations and have the authority to suspend or revoke vacation rental registrations for repeated infractions.
The legislation outlines specific penalties, including suspension periods ranging from 30 to 90 days for various violations. Additionally, after three suspensions, local governments could revoke or refuse to renew a vacation rental registration.
Transition and Implementation
If enacted, the legislation would require local governments to utilize the state's vacation rental information system for notifications of local suspensions by January 1, 2026. However, it's worth noting that the state's registration database may not be fully operational until that time.
Conclusion
For buyers and sellers involved in the Florida vacation rental market, understanding the potential impact of legislative changes like CS/SB 280 is essential. While the legislation aims to streamline regulation and enforcement, it could also shift the dynamics of local oversight. As we await Governor DeSantis' decision, staying informed and adapting to any forthcoming changes will be key to navigating this evolving landscape.
Below is a link to the bill if you would like to read further on the impacts:
https://www.myfloridahouse.gov/Sections/Bills/billsdetail.aspx?BillId=79283
