Vacation (Transient) Rental Regulations

At the May Meeting of the Presidents Council (The organization of Naples Homeowner Association Presidents) questions were raised re: possible effects on Naples of State bill HB883. City Manager has provided clarification, plus a pertinent  excerpt from the Naples City Code.

From: “Bill Moss” <bmoss@naplesgov.com>
Date: May 26, 2011 1:57:15 PM EDT

Dear Presidents’ Council:

During the Presidents’ Council meeting of May 23, 2011, a question was raised as to prohibition of transient rentals (vacation rentals) in residential districts.  I informed members that the Florida Legislature, in their recent session, enacted a bill (HB883) that preempts local governments from regulating vacation rentals, including the rental of single-family homes.

The Naples City Council and staff objected to the bill as it was being considered.  Furthermore, the Florida League of Cities, on behalf of their member cities, opposed the Bill because it is contradictory to Home Rule Authority as granted by the Florida Constitution and Statutes.

For those who enjoy reading Bills, House Bill 883, the adopted revisions to Florida Statutes, is attached.  I have extracted what I believe to be relevant sections and placed them below this message for those who prefer a quick review.

Fortunately, HB 883 was amended so that the preemption of vacation rental regulations do not apply to local law adopted before June 1, 2011.  In that the City of Naples currently regulates transient lodging facilities (vacation/short-term/weekly rentals), we are of the opinion that the amended state law does not supersede the City’s law.  Therefore, enforcement of the City’s Code will continue.

Short-term/weekly rentals are regulated by the City of Naples as transient lodging facilities. Below this message is the definition of Transient lodging facility as provided in the Naples City Code.

An explanation may be helpful.  Transient lodging facilities, such as hotels, motels, etc. also include dwellings that are rented more than three times in a calendar year for periods of less than 30 days, or which are advertised or held out to the public as a place regularly rented to guests for periods of less than 30 days.  Therefore, a dwelling that is advertised or held out to the public as a short-term rental (less than 30 days) is a transient facility, as is a dwelling that is rented out at least three times per year for less than 30 days.  An internet ad for a weekly rental, for instance, would immediately classify the dwelling as a “transient lodging facility”.

Chapter 58 of the City Code provides for regulation of zoning districts.  Transient lodging is not a permitted use in any of the City’s single-family residential districts. They are permitted as a “conditional use” in certain commercial areas and in the R3T-18 Multi-family Zoning District.  A “conditional use” is a use that is not allowed by right, but application may be made for approval of transient lodging as a “conditional use”.  The conditional use process involves an application and staff review, review and recommendation by the Planning Advisory Board, and approval by City Council in a quasi-judicial hearing, following public notice.

Your City actively enforces the prohibition of transient rentals in residentially-zoned districts.  To assist, citizens should inform Code Enforcement (239-213-5030code@naplesgov.com) of the address of property where there are more than three occurrences of rentals of less than 30 days in a year, or where there is some form of advertisement, such as the internet, that lists the property for rent on a weekly basis.

I trust this message offers some clarity as to the regulation of short-term rentals in residential areas.  Please feel free to share this information with your members.

Bill Moss

City Manager

City of Naples

 










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