Resolution 047-2014RESOLUTION NO. 047 - 2014
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA,
URGING THE FLORIDA LEGISLATURE TO ADOPT, AND
GOVERNOR RICK SCOTT TO SIGN INTO LAW, SENATE
BILL 356 AND COMPANION HOUSE BILL 307, WHICH
WOULD RESTORE THE ABILITY OF LOCAL
GOVERNMENTS TO REGULATE SHORT TERM
VACATION RENTALS UNDER THEIR HOME RULE
AUTHORITY GRANTED UNDER FLORIDA'S
CONSTITUTION; AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, during the 2011 legislative session, the Florida Legislature created
Florida Statute Section 509.032(7)(b) and (c) which preempts the regulation of short term
vacation rental units by any local government that did not have a regulation adopted prior
to the passage of the legislation; and
WHEREAS, Monroe County had a vacation rental ordinance in place which
regulated vacation rental usage within the County prior to the creation of Florida Statute
Section 509.032(7)(b) and (c); and
WHEREAS, State intervention into local decision making, specifically Florida
Statute Section 509.032(7)(b), has prevented Monroe County from updating or making
any changes to its vacation rental codes, while Section 509.032 (7)(c) is ineffectual or at
least not helpful to Monroe County; and
WHEREAS, by leaving some jurisdictions with frozen short-term vacation rental
codes, and preempting others from creating codes, a patchwork of local and State control
has been created; and
WHEREAS, the high occupancy associated with vacation rentals allowed by the
law has adverse impacts on residential neighborhoods due to increased noise, garbage,
litter and traffic; changes the private residential character of the neighborhood; leaves
uncertainty and instability of the identity of occupants of neighboring properties; erodes
the shared sense of community, and increases demands on water and wastewater, code
enforcement, police, fire and emergency services; and
WHEREAS, Monroe County does not support the banning of all vacation rentals,
but recognizes that maintaining the character and the integrity of residential
neighborhoods and ensuring public safety are essential roles of local government through
the implementation of its zoning and other land development regulations as part of its
home rule authority granted in the Florida Constitution; and
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WHEREAS, during its local legislative delegation meeting, Monroe County, as
part of its legislative agenda, will seek support from Senator Bullard and Representative
Raschein in revisiting Florida Statute Section 509.032(7)(b) and (c); and
WHEREAS, Monroe County finds that local government regulation of short term
vacation rentals will continue contribute to the stability of existing residential
neighborhoods, promote public safety, and protect visitors and residents throughout the
state; and
WHEREAS, the Florida Legislature is requested to end the preemption and
return full home rule powers to all local governments to determine whether and how to
regulate short term vacation rentals in the future; and
WHEREAS, Senator Thrasher has filed Senate Bill 356 and Representative
Hutson has filed House Bill 307 seeking restoration of the ability of local governments to
regulate short term vacation rentals according to the needs of their individual
communities during the 2014 Session of the Florida Legislature; and
WHEREAS, the Monroe County Board of County Commissioners finds the
ability for local governments to independently regulate vacation rentals will offer the best
avenue to address each community's specific regulatory needs in order to protect the
health, safety and welfare of its residents, both permanent and temporary;
NOW, THEREFORE, BE IT RESOLVED BY THE MONROE COUNTY
BOARD OF COUNTY COMMISSIONERS:
SECTION 1: Recitals. Each "WHEREAS" clause set forth herein is ratified
and incorporated herein by this reference.
SECTION 2: Monroe County Commission Action. The Monroe County Board
of County Commissioners urges the State Administration and Florida Legislature to
support SB 356, HB 307, and any other legislation that restores home rule to local
governments, allowing them to determine the best needs of their communities in the
regulation and zoning of short term vacation rentals.
SECTION 3 : Authorization. The County Administrator is directed to distribute
this Resolution to Governor Rick Scott; Will Weatherford, the Speaker of the House; Don
Gaetz, the President of the Senate; the Monroe County Legislative Delegation; the
Florida League of Cities; the Florida Association of Counties; and such other bodies or
agencies as the Administrator deems appropriate.
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Mayor Sylvia Murphy
Mayor pro tem Danny L. Kolhage
Commissioner Heather Carruthers
Commissioner George Neugent
Commissioner David Rice
Yes
Yes
Yes
Yes
Yes
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUN Y, FLORIDA
BY: >4 A
Mayor ylvia Murphy
SECTION 4: Effective Date. This Resolution shall become effective upon
adoption.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe
County, Florida, at a regular meeting of said Board held on the 19th day of February,
2014.
M
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Monroe County Attorney
== Approved As To Form:
CC
3 LISA GRANG Date
Assistant County Attorney
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