Regulation over the vacation rental industry is teed up once again for the upcoming Florida Legislative session. Sen. Jason Fischer (R-FL-4) filed legislation to grant the regulation of vacation-rental platforms, like Airbnb or Vrbo, to the state. The bill, HB 325, would remove the regulatory power away from local municipalities.
City and county governments have fought similar legislation, saying they should be able to regulate their properties on a local level.
Florida Rep. Michael Grieco (D-FL-113) filed legislation last month focused on undoing the very policy Fischer is proposing. Grieco’s bill would remove the state’s preemption and it would allow municipalities to regulate the platforms.
“I don’t think it’s a crazy concept to think that local elected officials are best positioned to decide what works in their cities and counties,” Grieco said.
Grieco continued by saying “all politics is local,” especially vacation rentals.
“All politics is local, and maybe even more so regarding vacation rentals. Florida is a big state and what works for Tallahassee or Lake County may not work for South Beach,” Grieco said. “Local communities are best positioned to decide what is or is not consistent with their residential neighborhoods. This is not an anti-AirBnB or short-term rental bill, but it is a bill that will ensure that municipalities have the ability to protect local quality of life.”
Cities, counties, and the hotel industry lobbies have argued against state preemption for a number of reasons. Hotels feel loose regulations toward vacation rentals give them an unfair advantage to operate as mini hotels. Meanwhile, cities and counties say they desire the regulatory authority to set rules on house parties and local issues.
The Florida Vacation Rental Management Association (FVRMA) has condemned Grieco’s bill, saying those kinds of bills “pick winners and losers.”
“This language allows local governments the right to pick winners and losers in each community, deciding who can rent and who cannot,” said FVRMA Executive Director Denis Hanks. “It decides for a property owner how long they are allowed to rent and how many times per year. The right to own property in the United States and the bundle of rights afforded to every citizen in America is sacred. By proposing this bill you have completely undermined our Constitution and the fundamental rights of hundreds of thousands of hard working Floridians.”
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Grant Holcomb is a reporter at the Florida Capital Star and the Star News Network. Follow Grant on Twitter and direct message tips.