ANNA MARIA ISLAND – Many Island residents are closely following two bills working their way through the state legislature that pertain to the partial repeal of the vacation rental law created by House Bill 883.
Holmes Beach Commissioner Jean Peelen and Anna Maria Mayor SueLynn have been at the forefront of the local efforts to repeal HB 883.
“It (a repeal) would at least return to us a portion of what we had before they snatched it away in 2011, when it was up to cities to regulate vacation rentals in their city,” Peelen said. “They had no right to do that, and it would be best if they returned it completely, but I’m also practical, so I say a half a loaf is better than none, and this is half a loaf that would give us some authority to regulate our cities.
“In Holmes Beach, we could at least put into effect what I consider to be safety and health requirements on rentals that we were not allowed to do in the past unless we put those requirements on every house in the city,” she added.
Holmes Beach commissioners had the foresight to enact vacation rental legislation prior to the passage of HB 883. This included establishing daily, weekly and monthly rental zones. This was not the case in Anna Maria, where some feel the propensity of vacation rentals now threatens the character of the city.
“I think it’s an opportunity to have some local control over the balance we need between supporting people renting their properties as vacation rentals and securing the peace and quiet of all our residents,” SueLynn said. “This could be an opportunity to meet the needs of everyone. At least we would have some wiggle room. Without the amendment, we can’t do anything.”
“I don’t think we ever wanted to get into limiting the number of days or the duration of stay. That’s not what’s causing the problems; it’s the sheer number of rentals. It’s better to have this amendment than to have nothing. If we get nothing, our hands are tied, and we have no way to control the destiny of our city,” she added.
Peelen and SueLynn both asserted that neither city intends to institute a ban on vacation rentals.
The industry perspective
In regard to the two bills being considered by state legislators, Island Real Estate owner Larry Chatt favors the House bill because it prevents cities from prohibiting rentals outright, whereas the Senate bill is less clear on that issue.
Chatt said the seven-day minimum stay requirement contained in the Senate bill is less of a concern on the Island, where the average stay is nine days, but might hurt a city like Orlando, where some amusement park visitors favor shorter stays.
He does not foresee an attempt to ban vacation rentals locally, but fears beach communities elsewhere in the state might try to do so, if allowed.
“I think it’s healthy to continue pushing for permanent residents, but we can’t take away the property rights of current owners. With the cost of the home, property taxes, flood insurance and everything else that’s required, there aren’t enough jobs to support the population we’d all love to have on this Island. That’s why we have more absentee owners renting out their homes,” Chatt said.
He also mentioned the need to enforce existing regulations that would help lessen the impact of vacation rentals in local neighborhoods.
“I don’t understand how 883 stops local municipalities from enforcing good and fair guidelines for incoming tourists. The cities don’t enforce what’s on the books now. They’re doing better, but let’s enforce what we have before we institute more guidelines.”
Chatt fears local legislation aimed at the large vacation rental operators would hurt small operators who have fewer resources to accommodate additional regulations.
“I understand the challenges with the larger houses, but they’re allowing those to be built,” he said of local city leaders.
“Many of us are playing nice. They need to find those who aren’t and enforce the rules; and if we aren’t, I expect someone to tell me so I can fix it,” he said.
David Teitelbaum’s resort holdings include the Tortuga Beach Resort in Bradenton Beach. He sees merit in both sides of the repeal debate.
“It’s too bad they have taken away home rule, but there are basic problems that can be solved. Overcrowding is illegal and can be resolved with enforcement. Quiet enjoyment can be enforced too.
“I don’t have these problems in Bradenton Beach. Our guests sign an agreement before they get a key. They agree not to disturb their neighbors; if they do, they get one notice and the second time they’re out.”
In response to those who claim enforcement alone is the answer, Peelen said, “The cities have a constitutional right to govern what goes on in their cities and that was taken away, period.”