LTC 248-2019 City of Deerfield Beach Resolution No. 2019-046MIAMI BEACH
OFFICE OF THE CITY CLERK
No.
TO:
FROM:
DATE:
248-2019
LETTER TO COMMISSION
Mayor Dan Gelber and Members of the City Commission
Rafael E. Granado, City Clerk ~j
April 30, 2019 / <:Jj
SUBJECT: CITY OF DEERFIELD BEACH RESOLUTION NO. 2019/046
Attached for your information is Resolution No. 2019/046, adopted by the Mayor and City
Commission of City of Deerfield Beach on April 16, 2019.
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DEERFIELD
BEACH, FLORIDA, URGING THE FLORIDA LEGISLATURE AND THE FLORIDA
GOVERNOR TO OPPOSE LEGISLATIVE CHANGES PROHIBITING THE LOCAL
REGULATION OF VACATION RENTALS; PROVIDING DIRECTION TO CITY
OFFICIALS; PROVIDING FOR AN EFFECTIVE DATE.
The City of Deerfield Beach Clerk has requested that a copy of this Resolution be provided to the
Miami Beach Mayor and Commissioners.
If you have any questions, please contact the Office of the City Clerk at 305.673.7 411.
REG/rg
Attachment
F:\CLER\$ALL\LILIA\L TC's-Transmittal's\Resolution 2019-046 Deerfield Beach.docx
RESOLUTION NO. 2019/046
LOtiON OF THE CITY COMMISSION OF TFJE CITY OF
BEACIJ, FLOlUDA, URGING THE . FLORIDA
TUR.lt AND THE FLORIDA GOVERNOR TO OPPOSE
tATlVECHAN,:GES PROHlBITlNG. THE L()CAL REGU:LA;TJON
F VACATION. RENTALS; PROVlDlNG DIRECTION TO CITY
OFFICIALS; PROVIDING FOR AN EFFECTIV'EDAT.E
WBE:R.EAS, Florlda Stahtte Sections 509.032(7) and 509.242(l)(c) provide that local
laws, ordinances, or tegtilatiohs n1ay not prohibit vacation rentals ot regulate the dttration and
t'teqttenc,y ofrental of:vacatio11 rentals offouror f~v,ter dw~lling tmits; and
WijEREAS, vacation rentals have umnlttgable adverse impacts on surroundh1g
neigbborhoads.includtngv but not limited to, increased noise, garbage, litter and traffic changes to
the private .. N~sidcntialcharacter. of the neighborhood, the •ut1t:et'tainty .and h1stabHltyofthe
idefidty of .the <:Jccttpants afneJghboring properties, a decline in the shared sense of communityl
tlnd ln~rea~~d den~!tlds on water and wastewater, and an code 41rtforcernentt police, fire .and
emergency serviG:es; and
WHEREAS, mai.rnenance of the character and integrity of residential neighborhoods is
an essentlal aocal govel'ltme.nt purpose implemented through local zoning tegulati<ms,
representing a substantial local governmental interest; and
WHEl{EAS, short rental periods of a few days to transient occupants is a use that is
more commercial in nature; that is best accommodated by uses other than single family and low ..
Intensity multi .. family residential developrne.nt; and
WHEREAS, local. govert1ment regulation of va.cation rentals protects visitors and
Stlftotlliding residents thrnughtmt Florida~ !tid
WHEREAS, on>Pebruary7, 2019, Senate Bill 824 was filed to preentptlocalregulation.
Ql' prQbtbltion pf vaettdon and short term rentals, which wotdd remov~ the prot~ctlon of
grandfatheretl. regulatio.ns}. and xequire a11y . existing or future ordinance (including nofse1 trash,
Parking, etc,) to apply to all residential properties regardless of how the> property is being used;
and :insp,eodon r~les specific to vacation or short term te1ttals, and .also would create a process
·where clties \\fould be tbrced to provide clear and convincing evidence that their ordittances
complied withtheBm;·and
WHEREAS; on February 20~ 2019, House Bill 987 was flied, as a companie~n BilL with
similar restrlctionsl which similarly requires provhdo11 to the state of the name and contact
infQtmatiotl fol' a unit so that the state can respond to complaints and publicize this information
on its website; and
WBER£AS, the City Commission finds it to be in the best interest of the residents of the
City to oppo::ie Setiate Bill 824 and House B.ill 987 and urge the Florida Legislatute and the
Go\lem.ot to oppose Senate BUI 824, House Bill 987} and any legislation which infringes on local
governments' borne rule authority or in any way restricts local government's ability to t·egulate
vacation rental uses within their 11elghborhoods -a U11iquely local function.
I I
I
I
NOW, THE.~:EFO.RE, BElT RESOLVED BY THE CITY COMMISSION OF THE
ClTYOl? DEERFIELD BEACH, FLORIDA, AS FOLLOWS: '
, BiSdat&tZt Th!£l City Commission of the City of Deerfield Beach tinds: 0) that the use of
'r~sidentlalproperties for tran~ient vacation rental occupancy has had profound and.·negative
hl1,pacts on the chatacter en1d stability of our residential nelghbc>1'hoods; {2) tlutt regulation of land
use issues; patiicularly:atthe lQcal neighborhood level 5 is a f\lnctlon best suited to the focal
governn1.ents Whoafe un1quely$ituated to understand the individual and collective needs oftheir
residents; and (3} thaLSenate BUl 824 and House Bill 987 it1fringe 011 the City's home rule
authodty.
·· The City Comn1lssioa1 urges the State Administration .and Florida Legislature
to t)ppose But 824; House Bill 987, and ·any legislation which infringes on local
govern.ments{hort'ie rule <au~hCirity,
Sg~tiQUA . The City Clerk Is directed to distribute this Resolution to Oovernot Ron
DeSantis, lhe Speaker ofthe House) the President ofthe Senate, the Florida League of Cities, the
Florida Association ofCpunties, the Florida City County Management Association, Board of
Comity Comtnisslonets for Btowatd County, the Broward County League of Cities, the Broward
Legislative Delegation) at1d each ofthe municipalities in Broward County.
S"dun .~~ The appropriate City officials are authorized to ex.ecute all necessary
documents and to take any necessary action to effectuate the intent ofthis Resolution.
Scctwu Cit This Resolution shall become effective imxnediately upon its adoption.
PASSED AND ADOPTED THlS 16TH DAY OF APRIL, 2019.