Item H01M
C ounty of f Monroe
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BOARD OF COUNTY COMMISSIONERS
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Mayor George Neugent, District 2
The Florida. Ke Se
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Mayor Pro Tern David Rice, District 4
Danny L. Kolhage, District 1
Heather Carruthers, District 3
Sylvia J. Murphy, District 5
County Commission Meeting
May 17, 2017
Agenda Item Number: H.1
Agenda Item Summary #2304
BULK ITEM: No DEPARTMENT: Assistant County Administrator
Christine Hurley
TIME APPROXIMATE: STAFF CONTACT: Christine Hurley (305) 292 -4441
2:30 P.M.
AGENDA ITEM WORDING: Discussion and direction to staff to begin filing complaints with the
Florida Department of Business and Professional Regulation (DBPR) against property owners who
been found to be illegally renting their homes as vacation rentals and against real estate agents who
unlawfully advertised vacation rentals.
ITEM BACKGROUND: The Department of Business and Professional Regulation (DBPR)
licenses real estate agents and brokers. As part of the licensure requirements, real estate agents and
brokers must abide by the following statutes:
Division of Real Estate
Florida Statute Section 455.227 The following acts shall constitute grounds for which the
disciplinary actions (specified in F.S. 455.227(2)) may be taken:
• F.S. 455.227(1.)(k.) Failing to perform any statutory or legal obligation placed upon a
licensee.
o Florida Statute Section 475.25(1.) The Florida Real Estate Commission may deny
an application for licensure, registration, or permit, or renewal thereof, may place a
licensee, registrant, or permittee on probation; may suspend a license, registration, or
permit for a period not exceeding 10 years; may revoke a license, registration, or
permit; may impose an administrative fine not to exceed $5,000 for each count or
separate offense; and may issue a reprimand, and any or all of the foregoing, if it
finds that the licensee, registrant, permittee, or applicant:
o F.S. 475.25(1)(c.) Has advertised property or services in a manner which is fraudulent, false
deceptive, or misleading in form or content.
o F.S. 475.25(1.)(e.) Has violated any of the provisions of this chapter or any lawful order or
rule made or issued under the provisions of Chapter 475 or Chapter 455.
• Florida Statute Section 475.42(1.)(a.) A person may not operate as a broker or sales associate
without being the holder of a valid and current active license therefor.
o F.S. 475.42(1.)(i.) A broker or sales associate may not place, or cause to be placed, upon the
public records of any county, any ... writing which purports to affect the title of, or
encumber, any real property if the same is known to her or him to be false, void, or not
authorized to be placed of record, or not executed in the form entitling it to be recorded, or
the execution or recording whereof has not been authorized by the owner of the property ...
for any unlawful purpose.
o F.S. 475.42(1.)(k.) A person may not knowingly conceal any information relating to
violations of Chapter 475.
o F.S. 475.42(l.)(n.) A person may not disseminate or cause to be disseminated by any means
any false or misleading information for the purpose of offering for sale, or for the purpose of
causing or inducing any other person to purchase, lease, or rent, real estate located in the state
or for the purpose of causing or inducing any other person to ,acquire, an interest in the title to
real estate located in the state.
In addition, a lawful vacation rental must obtain a permit from DBPR as more fully set forth below:
• Division of Hotels and Restaurants
o Florida Statute Section 509.013(4)(a.)(1.) As used in Chapter 509, Florida Statutes, a public
lodging establishment includes "transient public lodging establishments," which means any
unit, group of units, dwelling, building, or group of buildings which is rented to guests more
than 3 times in a calendar year for periods of less than 30 days or 1 calendar months,
whichever is less, or which is advertised or held out to the public as a place regularly rented
to guests.
o Florida Statute Section 509.241(1.) Each public lodging establishment ... shall obtain a
[State] license from the Division. Such license may not be transferred from one place or
individual to another. It shall be a misdemeanor of the second degree ... for such an
establishment to operate without a license.
o Florida Statute Section 509.242(1.) A public lodging establishment shall be classified as a ...
vacation rental if the establishment satisfies the following criteria:
■ F.S. 509.242(1.)(c.) A vacation rental is any unit or group of units in a condominium or
cooperative or any individually or collectively owned single - family, two - family, three -
family, or four - family house or dwelling unit that is also a transient public lodging
establishment but that is not a timeshare project.
The items highlighted in yellow would be applicable to agents or brokers that are listing vacation
rentals:
For less than 28 days to rent
In areas where vacation rentals are prohibited
In areas where vacation rentals are allowed by have not secured a proper permit
Staff is seeking direction on whether the Board would like the County to pursue filing complaints
against agents and /or brokers and property owners. It is contemplated that such complaints would be
filed after the Special Magistrate has found a violation of the County Code and when there is
evidence that the owner had a licensed real estate agent or broker representing them in the vacation
rental of a property that is not eligible for that activity or not permitted correctly. It is also
contemplated that complaints would be filed against owners of vacation rentals who do not hold the
appropriate state license.
PREVIOUS RELEVANT BOCC ACTION: none
CONTRACT /AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATION: Direction to refer appropriate cases to DBPR after successful
code prosecution.
DOCUMENTATION:
Fla. DBPR Primer - Hotels & Restaurants Division (MinuteTrac)
Fla. DBPR Primer - Real Estate Division (MinuteTrac)
FINANCIAL IMPACT:
Effective Date:
Expiration Date:
Total Dollar Value of Contract:
Total Cost to County:
Current Year Portion:
Budgeted:
Source of Funds:
CPI:
Indirect Costs:
Estimated Ongoing Costs Not Included in above dollar amounts:
Revenue Producing:
Grant:
County Match:
Insurance Required:
Additional Details:
If yes, amount:
N/A
REVIEWED BY:
Christine Hurley
Completed
04/25/2017 12:34 PM
Peter Morris
Completed
04/28/2017 3:25 PM
Cynthia McPherson
Completed
04/28/2017 3:48 PM
Bob Shillinger
Completed
05/02/2017 2:20 PM
Budget and Finance
Completed
05/02/2017 2:21 PM
Maria Slavik
Completed
05/02/2017 2:38 PM
Kathy Peters Completed 05/02/2017 3:46 PM
Board of County Commissioners Pending 05/17/2017 9:00 AM
Florida Department of Professional Regulation
Division of Hotels & Restaurants
1. One (1) copy of a completed Consumer Complaint Form (attached), submitted online at:
http: / /www.myfloridalicense. com/dbpr /hr /forms /complaint - forms.html
2. Intake - Complaint Analyst Upon receipt at intake, a Complaint Analyst reviews the
complaint to determine if the complained -of activity falls within the Florida Division of
Professional Regulation - Division of Hotels & Restaurants's (hereinafter "DBPR ")
enforcement jurisdiction, and, if so, if the allegations are legally sufficient to initiate an
investigation based upon a violation of Florida Statutes - Chapter 509, Florida
Administrative Code - Chapter 61C -1, and /or Florida Administrative Code - Chapter 61C -3
3. Investigation Initiated If deemed jurisdictionally and substantively sufficient, the
Complaint is forwarded to DBPR District 1 (covering Monroe and Miami -Dade Counties)
and assigned to a District Office inspector, who commences an investigation.
4. Notice of Violation If the completed investigation indicates that a violation of the above
statutory or administrative provisions has occurred, then:
1) Proof of Service The inspector serves a citation and obtains proof of service of that
citation by making contact with the owner or operator of the vacation rental and
obtaining his /her signature on the citation and the citation's corresponding inspection
report.
2) Warning and Educating Attempts to educate the owner or operator that he /she is
operating an unlicensed vacation rental unit.
3) Sixty (60) Day Compliance Period Provides the owner /operator with approximately
60 days to gain compliance with the cited violation.
4) Referral If the owner /operator refuses to gain compliance, the case is referred to the
DBPR - Office of General Counsel (hereinafter "OGC ").
5. Legal Proceeding Initiated If the licensee remains non - compliant, OGC may then file a
formal administrative Complaint on behalf of DBPR in accordance with Florida Statutes -
Chapter 120 (hereinafter "Florida Administrative Procedure Act ").
6. After OGC files an administrative Complaint, the Respondent has twenty -one (21) days to
respond, and may choose:
1) Settlement To enter a Consent Order stipulating to the violation(s), penalty(ies), and
required corrective action(s), and settle the case. For these to become legally
effective, they must be subsequently be submitted to the DBPR Division Director
(hereinafter "Director "), who may approve, deny, or propose different terms to a
proposed stipulation.
2) Informal Hearing If the Respondent admits that there is no dispute of material fact,
the Respondent may elect to resolve the issue(s) by informal hearing, where he /she
may present mitigating evidence to the OGC attorney, after which he /she may enter
into a Consent Order.
3) Formal Hearing If the Respondent alleges that there exists a dispute of material
fact, the case is brought before a Florida Department of Administrative Hearings -
Department of Management Services (hereinafter "DOAH ") Administrative Law
Judge (hereinafter "ALJ" ).
1. Recommended Order The AU issues a Recommended Order (hereinafter
"RO ") following the formal hearing's conclusion.
1) Exceptions Either party may object to the ALJ's factual findings or
legal conclusions by filing Exceptions within fifteen (15) days of the
ALJ's RO.
2. Final Order After the Director receives the ALJ's RO and accompanying
Exceptions, he /she then determines whether to accept, reject, or modify the
legal conclusions or, more rarely, the factual findings, of the ALJ, or may
dismiss the administrative Complaint altogether.
1) Appeals /Finality
a. Either party and any person adversely affected by the Director's
Final Order may appeal the Final Order, within thirty (30) days of
its rendition by the Director, to the Florida District Court of
Appeals (hereinafter "Florida DCA ").
b. The Director's Final Order becomes "Final" for the purposes of
imposition of penalty(ies) upon the parties after the 30 -day appeal
period expires, or if the Final Order is upheld on appeal by the
applicable Florida DCA.
DBPR HR -7003 — Division of Hotels and Restaurants Consumer Complaint Form
STATE OF FLORIDA
DEPARTMENT OF BUSINESS AND PROFESSIONAL
REGULATION 2601 Blair Stone Road
Tallahassee, FL 32399 -1011
Phone: 850.487.1395
http: / /www. myfloridalicense. com /contactus/
www.MyFloridaLicense.com /dbpr /hr
I FOR OFFICE USE ONLY I
Complaint #
Date
Received
SECTION 1 - LICENSEE INFORMATION
License Type: ❑ Food Service ❑ Lodging ❑ Elevator ❑ Registered Elevator Company ❑ Elevator Inspector
Name
Address
City
County
Zip Code
Business Phone
License Number (if known)
SECTION 2 — COMPLAINANT'
INFORMATION
Last Name First Middle Title Suffix
Organization Name (if representing an organization, please provide the name of the organization)
CONTACT
INFORMATION
Primary Business Phone Number
Primary Home Phone Number
Primary E -Mail Address
Alternate Phone Number or Fax Number
Does the Complainant want to be contacted? ❑ Yes ❑ No
MAILING ADDRESS
Street Address or P.O. Box
City
State Zip Code ( +4 optional)
Country
SECTION
3 — DETAILS OF THE COMPLAINT
Please provide any additional comments on an addendum. If addendum is used, please check here ❑
2016 July Page 1 of 1
Florida Department of Professional Regulation
Real Estate Division
1. One (1) copy of a completed Uniform Complaint Form (attached), submitted in writing, to:
A ttention: Consurrmer Complaints Section
DBPR - Division of Real Estate
400 West Robinson Street, Suite N801
Orlando, FL 32801 -1757
2. Intake - Complaint Analyst Upon receipt at intake, a Complaint Analyst reviews the
complaint for legal sufficiency.
3. Investigation Initiated If deemed sufficient, an Investigator is assigned to the case and
commences an investigation.
4. Formal Legal Review Upon the investigation's completion, the case is referred to the
Florida Department of Professional Regulation - Real Estate Division - Office of General
Counsel (hereinafter "OGC "). The OGC then opines as to whether the investigation reveals
that probable -cause exists that a violation of Florida Statutes - Chapter 455, Florida Statutes
Chapter 475, and /or Florida Administrative Code — Chapter 6 1 J2 has occurred.
5. Legal Proceeding Initiated Upon OGC's opinion that there exists probable -cause of a
violation, as a predicate to filing an Administrative Complaint, OGC presents the case, in
the form of a Proposed Administrative Complaint, to a Florida Real Estate Commission
(hereinafter "FREC ") probable -cause panel for a determination as to whether probable -
cause exists that a violation has occurred. The FREC probable -cause panel may:
1) Dismiss the Complaint
2) Issue a Letter of Guidance In the event probable -cause of a minor violation is
found, the FREC probable -cause panel may issue to the Respondent a Letter of
Guidance - a written reprimand - in lieu of authorizing OGC's filing of an
Administrative Complaint; or
3) Approve the Proposed Administrative Complaint
6. If the FREC probable -cause panel determines that there exists probable -cause that a
violation has occurred, then OGC is directed to file an Administrative Complaint on behalf
of the Florida DBPR - Real Estate Division in accordance with Florida Statutes - Chapter
120 (hereinafter "Florida Administrative Procedure Act ").
7. After OGC files an Administrative Complaint, the Respondent has twenty -one (2 1) days to
respond, and may choose:
1) Settlement To enter a Stipulation Agreement consenting to the violation(s),
penalty(ies), and required corrective action(s), and settle the case. For these to
become legally effective, they must be subsequently be submitted for approval before
the full FREC, which may approve, deny, or propose different terms to a proposed
stipulation.
2) Informal Hearing If the Respondent admits that there is no dispute of material fact
and the infraction is both minor in nature and is not a repeat violation, the Respondent
may elect to resolve the issue(s) by presenting mitigating evidence and /or witnesses
testimony and legal arguments at an Informal Hearing against OGC and before the
full FREC - but may not dispute the facts alleged in the Administrative Complaint.
3) Formal Hearing If the Respondent alleges that there exists a dispute of material
fact, or the infraction is deemed substantial, the case is brought before a Florida
Department of Administrative Hearings - Department of Management Services
(hereinafter "DOAH ") Administrative Law Judge (hereinafter "ALJ ").
1. Recommended Order The ALJ issues a Recommended Order (hereinafter
"RO ") following the disciplinary hearing's conclusion.
1) Exceptions Either party may object to the ALJ's factual findings or
legal conclusions by filing Exceptions within fifteen (15) days of the
ALJ' s RO.
2. Final Order After the full FREC receives the RO and accompanying
Exceptions, it then determines whether to accept, reject, or modify the legal
conclusions or, more rarely, the factual findings, of the ALJ, or may dismiss
the Administrative Complaint altogether.
1) Appeals /Finality
a. Either party and any person adversely affected by that FREC Final
Order may appeal the Final Order, within thirty (30) days of its
rendition by the FREC, to the Florida District Court of Appeals
(hereinafter "Florida DCA ").
b. The FREC's Final Order becomes "Final" for the purposes of
imposition of penalty(ies) upon the parties after the 30 -day appeal
period expires, or if the Final Order is upheld on appeal by the
applicable Florida DCA.
Uniform Complaint Form Instructions — Real Estate
STATE OF FLORIDA
DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION
Uniform Complaint Form (RE 2200) Instructions
All complaints must be submitted in writing to:
Attention: Consumer Complaints Section
DBPR - Division of Real Estate
400 West Robinson Street, Suite N801
Orlando, FL 32801 -1757
The Division of Real Estate administers the provisions of Chapter 475 Florida Statutes, relating to sales
associates, brokers, and real estate appraisers who hold Florida real estate and /or appraisal licenses.
Pursuant to Section 455.225 Florida Statutes, a complaint is legally sufficient if it contains ultimate facts
that show that a violation of this chapter, of any of the practice acts relating to the professions regulated
by the department, or of any rule adopted by the department or a regulatory board in the department, has
occurred. The department may investigate, and the department or the appropriate board may take
appropriate final action on, a complaint even though the original complainant withdraws it or otherwise
indicates a desire not to cause the complaint to be investigated or prosecuted to completion.
Please provide all relevant documentation with this complaint form. All relevant documentation includes,
but is not limited to, copies of the following:
Sales Contract (Front & Back)
Canceled Checks (Front & Back)
Lease /Rental Agreements (Front & Back)
Listing /Management Agreements (Front & Back)
Closing Statement
Multiple Listing Printout
Appraisals
Repair Bills
Monthly Statements
Correspondence
Agency Disclosure Form
Judgement /Civil Law Suit
Please send legible copies of your supporting documents. We are unable to return original
documents to you.
Should additional documentation be requested and not received by this department within thirty (30) days
of the request, the file may be closed.
Pursuant to Chapter 455 Florida Statutes, the complaint and all information obtained pursuant to the
investigation is confidential until 10 days after probable cause is found to exist. Investigations differ in
complexity and duration, so providing a time of completion is not possible. We appreciate your
cooperation and understanding in this matter.
Revised 0608
RE 2200? Uniform Complaint Form ? Real Estate
STATE OF FLORIDA
DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION
Please submit t o address on last page .
TO ENSURE THE PROPER PROCESSING OF YOUR COMPLAINT, PLEASE CHECK THE
APPLICABLE BOX:
❑ UNLICENSED ACTIVITY
❑ ESCROW DEPOSIT
❑ PROPERTY MANAGEMENT
❑ APPRAISAL
❑ OTHER
Attach additional sheets as necessary. RE - 2200 Uniform Complaint Form
Revised 0608
COMPLAINANT
INFORMATION
Last Name
First' Middle Title Suffix
Your Company/Occupation
MAILING ADDRESS
Street Address or P.O. Box
cit
State
Zio Code ( +4 oDtion.i)
County (if Florida address)
Country
CONTACT INFORMATION
Primar Phone Numb
Primar E -Mail Address'
Unlicensed Activit Complaint? Yes ❑ No ❑ Unknown ❑
COMPLAINT DESCRIPTION'
Attach additional sheets as necessary. RE - 2200 Uniform Complaint Form
Revised 0608
CONTACT PERSON IF OTHER THAN YOURSELF
Last Name
First'', Middle Title Suffix
IF APPLICABLE)
ADDRESS
Street Address or P.O. Box
First'' Middle Title Suffix
ADDRESS
Street Address or P.O. Box
City
State
Zip Code ( +4 gotionai)
C ount y (if Florida address)
Countr
Zio Code ( +4 optional)___
CONTACT INFORMATION
Primar Phone Number
Primar E -Mail Address
PRIVATE
ATTORNEY FOR COMPLAINANT
OF COMPLAINT'
IF APPLICABLE)
Last Name
First Middle Title Suffix
First'' Middle Title Suffix
ADDRESS
Street Address or P.O. Box
c ompany occupation
Cit
Street Address or P.O. Box
State
Zio Code ( +4 optional)___
C ount y (if Florida address)
Cit
Countr
State
CONTACT INFORMATION
C ount y (if Florida address)
P rimar y Phone Number
Alternate Phone Number
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SUBJECT
OF COMPLAINT'
Last Name
First'' Middle Title Suffix
L icense N umber (if known)
c ompany occupation
MAILING ADDRESS
Street Address or P.O. Box
Cit
State
7 n C�dP ( +4 — i—,)_
C ount y (if Florida address)
Countr
CONTACT INFORMATION
Primar Phone Number
Primar E -Ma ii Ad dress`
RESIDENCE ADDRESS (IF DIFFERENT THAN MAILING ADDRESS)
S treet Address
Cit
State
Zip Code ( +4 o ptional)
C ount y (if Florida address)
Countr
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Remised 0608
PRIVATE ATTORNEY FOR SUBJECT OF COMPLAINT IF APPLICABLE
Last Nam a
First Middle Title Suffix
IF APPLICABLE
ADDRESS
S treet Address or P.O. Box
First Middle Title Suffix
ADDRESS
ADDRESS
Cit
State
Zip Code ( +4 optional)
C ounty (if Florida address)
State
Countr
Z,p Code ( +4 optional)
CONTACT INFORMATION
Countr
P rimar y Phone Number
CONTACT INFORMATION
Alternate Phone Number
I affirm that I have provided the above information completely and truthfully to the best of my
kn.-ledge.
Complainant Si Here: Date:
Please mail the completed Uniform Complaint Form to the address below:
Division of Real Estate
400 West Robinson Street
Suite N801
Orlando, Florida 32801
RE-2200 Uniform C omplaint Form
Revised 0608
WITNESS
IF APPLICABLE
IF APPLICABLE)'
Last Name
First Middle Title Suffix
ADDRESS
ADDRESS
S treet Address or P.O. Box
Cit
Cit
State
Statei
Z,p Code ( +4 optional)
C ounty (if Florida address)
Countr
Countr
CONTACT INFORMATION
CONTACT INFORMATION
P rimar y Phone Number
P rimar y Phone Number
Alternate Phone Number
Alternate Phone Number
I affirm that I have provided the above information completely and truthfully to the best of my
kn.-ledge.
Complainant Si Here: Date:
Please mail the completed Uniform Complaint Form to the address below:
Division of Real Estate
400 West Robinson Street
Suite N801
Orlando, Florida 32801
RE-2200 Uniform C omplaint Form
Revised 0608
WITNESS
IF APPLICABLE
Last Name
First Middle Title Suffix
ADDRESS
S treet Address or P.O. Box
Cit
State
Zip Code ( +4 optional)
C ount y (if Florida address)
Countr
CONTACT INFORMATION
P rimar y Phone Number
Alternate Phone Number
I affirm that I have provided the above information completely and truthfully to the best of my
kn.-ledge.
Complainant Si Here: Date:
Please mail the completed Uniform Complaint Form to the address below:
Division of Real Estate
400 West Robinson Street
Suite N801
Orlando, Florida 32801
RE-2200 Uniform C omplaint Form
Revised 0608