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Vacation rental bills appear to be dead

TALLAHASSEE – Anna Maria Mayor Dan Murphy and City Commission Chair Carol Carter flew to Tallahassee Monday morning, March 2, planning to address the Florida Senate Rules Committee regarding proposed vacation rental legislation.

Murphy and Carter planned to speak about Senate Bill 1128, a bill originally filed by Sen. Manny Diaz Jr., R-Miami/Dade, in an attempt to preempt to the state all regulation of short-term vacation rentals and vacation rental advertising.

The House companion bill, HB 1011, co-sponsored by Rep. Jason Fischer, R-Jacksonville, and Rep. Mike LaRosa, R-St. Cloud, aligned with Diaz’s efforts to also require all vacation rentals advertised at online advertising platforms like Airbnb and VRBO to be registered with the state.

If adopted as proposed, that state legislation would eliminate the local vacation rental regulations and registration programs that currently exist in Anna Maria, Bradenton Beach and Holmes Beach.

The House bill already successfully passed through its three committee stops and was awaiting potential advancement to the House floor for a final vote.

The Senate bill passed through two committee stops and was scheduled to make its third and final committee stop with the Rules Committee on Monday.

Legislation derailed?

Upon their arrival Monday morning, Murphy and Carter learned from the city’s lobbyist, Chip Case, that Sen. David Simmons, R-Longwood, filed a proposed amendment that morning that sought to protect the local vacation rental ordinances and regulations already in place.

Murphy, Carter and Case were present when the Rules Committee meeting began at noon.

To their surprise, the anticipated discussion on SB 1128 was postponed with no explanation after the committee held a short opening discussion about a shark fin harvesting prohibition.

When contacted at 12:17 p.m., Murphy said, “This means they don’t intend to hear the bill today, but they could bring it back up before 6 p.m. We’re sitting tight lest they try to sneak this in.”

A short time later, Murphy said Case and others were trying to figure out if the postponement meant the Senate bill and this year’s legislative efforts regarding vacation rentals were dead.

At 12:56 p.m., Murphy said, “It appears to be dead. Today provides brief relief in defending our rights to home rule, but it’s too soon to let our guard down.”

At 4:15 p.m., Murphy said, “They could have another meeting on Thursday and put that legislation back on the docket. We don’t think that’s probable, but it’s possible. Our lobbyist is on top of it and he’ll let us know what happens. If it’s not on Thursday’s agenda, it’s not likely to be heard,” Murphy said.

The 2020 legislative session is scheduled to end on Friday, March 13 and committee meetings are expected to conclude this week.

Murphy said he and Carter were headed home Monday night and would return Thursday if needed, and if given enough advance notice.

“They could schedule the meeting with four hours’ notice, which would preclude our participation, but our lobbyist would be there. It’s a wait and see situation,” Murphy said.

At 4:33 p.m. Bradenton Beach City Attorney Ricinda Perry received a text message from Bradenton Beach’s lobbyist, David Ramba.

“It looks dead as of today,” Ramba told Perry regarding SB 1128.

Governor’s concerns

To become state law, matching Senate and House bills must be adopted by their respective legislative branches and then supported and signed by the Florida Governor.

On Feb. 24, Gov. Ron DeSantis was interviewed by Jim Turner of the News Service of Florida and asked about preempting vacation rental regulations to the state.

According to the video of that interview, DeSantis said, “I haven’t made a final decision. I’ve expressed privately to some members of the legislature I have concerns about that. We’re going to be in charge of this as a state? For us to be micro-managing vacation rentals, I’m not sure that’s the right thing to do. My view would be, probably, that should be determined locally. That’s where I’m leaning now. I’m going to listen to some more arguments if the bill passes, but I do have some concerns about that.”

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