Resolution 2021-31611 RESOLUTION NO. 2021-31611
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, STRONGLY
OPPOSING SENATE BILL 522, AND ITS RELATED BILL,
HOUSE BILL 219, BOTH OF WHICH SEEK TO PREEMPT TO
THE STATE THE REGULATION OF SHORT-TERM RENTALS,
UNDO ANY LOCAL REGISTRATION, INSPECTION OR
LICENSING REQUIREMENTS SPECIFIC TO SHORT-TERM
RENTALS ADOPTED SINCE 2011, AND REQUIRE ANY LOCAL
REGULATORY ORDINANCES TO REGULATE SHORT-TERM
RENTALS IN THE SAME MANNER AS OTHER PROPERTIES IN
NEIGHBORHOODS; AND DIRECTING THE CITY CLERK TO
SEND A COPY OF THIS RESOLUTION TO THE SPEAKER OF
THE FLORIDA HOUSE OF REPRESENTATIVES, AND THE
PRESIDENT OF THE FLORIDA SENATE.
WHEREAS, Senate Bill 522 ("SB 522") and its related bill, House Bill 219 ("HB 219"), have
been filed for consideration during the 2021 Florida Legislative Session by Senator Manny Diaz
Jr., and House Representative Jason Fischer, respectively; and
WHEREAS, SB 522 seeks to place short-term vacation rental regulation exclusively under
the Florida Department of Business and Professional Regulation's (FDBPR) Division of Hotels
and Restaurants; and
WHEREAS, if enacted, SB 522 would preempt to the State the regulation of short-term
rentals, undo any local registration, inspection or licensing requirements specific to short-term
rentals adopted since 2011, and limit counties and cities to regulating short-term rentals in the
same manner as other properties in neighborhoods, regardless of how the property is being used;
and
WHEREAS, while current Florida law already prohibits local laws, ordinances, or
regulations that prohibit vacation rentals or regulate the duration or frequency of rental of vacation
rentals, unless the local law, ordinance, or regulation was adopted on or before June 1, 2011, SB
522 takes it a step further and seeks to do away with local ordinances that allow or require
inspections or licensing of all lodging establishments and restaurants; and
WHEREAS, there has been no demonstration that local municipalities in Florida should
be deprived of their constitutional home rule powers, or their general powers to protect the health,
safety and welfare of their citizens; and
WHEREAS, uniform state regulations for vacation-rental properties fail to capture the
unique characteristics and needs of local Florida municipalities; and
WHEREAS, opposition to state regulation of vacation rentals has been voiced not only by
local officials but Florida residents as well — a 2020 St. Pete Polls survey found that 75% of
Floridians want the government closest to them regulating vacation rentals in their neighborhoods;
and
WHEREAS, this concern over statewide uniform regulations of short-term rentals is
especially applicable to the City of Miami Beach, where the great majority of investors in short-
term rental properties in the Miami Beach area are conglomerates, not private citizens seeking to
supplement their income; and
WHEREAS, given the unique characteristics of Miami Beach, city officials are best-suited
to ensure that regulations governing short-term rentals reflect what their respective communities
need and want; and
WHEREAS, as such, the Mayor and City Commission declare their strong opposition to
SB 522 and HB 219 and any substitute or similar legislation which preempts the authority of local
municipalities to protect their citizens.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City
Commission hereby strongly oppose Senate Bill 522, and its related bill, House Bill 219, both of
which seek to preempt to the State the regulation of short-term rentals, undo any local registration,
inspection or licensing requirements specific to short-term rentals adopted since 2011, and
require any local regulatory ordinances to regulate short-term rentals in the same manner as other
properties in neighborhoods; and direct the City Clerk to transmit a copy of this Resolution to the
Speaker of the Florida House of Representatives, and the President of the Florida Senate.
PASSED AND ADOPTED this 24th day of February, 2021.
ATTEST: .
Dan Gelber, Mayor
Rafael E. Gr.nado, Cit CI. k
(Sponsored by Commissioner Michael Gongora) -s P. .....•..bF y
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APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
City Attorney y Date
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MIAMI BEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139,www.miamibeachfl.gov
Office of the City Clerk
Tel: 305-673-741 1
March 4, 2021
Senate President Wilton Simpson
409 The Capitol
404 S. Monroe Street
Tallahassee, FL 32399
Dear Senate President Simpson,
Attached please find a copy of City of Miami Beach Resolution No. 2021-31611:
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, STRONGLY OPPOSING SENATE BILL 522,
AND ITS RELATED BILL, HOUSE BILL 219, BOTH OF WHICH SEEK TO
PREEMPT TO THE STATE THE REGULATION OF SHORT-TERM
RENTALS, UNDO ANY LOCAL REGISTRATION, INSPECTION OR
LICENSING REQUIREMENTS SPECIFIC TO SHORT-TERM RENTALS
ADOPTED SINCE 2011, AND REQUIRE ANY LOCAL REGULATORY
ORDINANCES TO REGULATE SHORT-TERM RENTALS IN THE SAME
MANNER AS OTHER PROPERTIES IN NEIGHBORHOODS; AND
DIRECTING THE CITY CLERK TO SEND A COPY OF THIS RESOLUTION
TO THE SPEAKER OF THE FLORIDA HOUSE OF REPRESENTATIVES,
AND THE PRESIDENT OF THE FLORIDA SENATE.
(Sponsored by Vice-Mayor Michael Gongora)
This Resolution was passed and adopted by the Mayor and City Commission of the City of Miami
Beach on February 24, 2021.
Respectfully,
Rafael E. Granado
City Clerk
c: Vice-Mayor Michael Gongora
MIAMI BEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139,www.miamibeachfl.gov
Office of the City Clerk
Tel: 305-673-7411
March 4, 2021
Speaker of the House Chris Sprowls
420 The Capitol
402 South Monroe Street
Tallahassee, FL 32399
Dear Speaker of the House Sprowls,
Attached please find a copy of City of Miami Beach Resolution No. 2021-31611:
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, STRONGLY OPPOSING SENATE BILL 522,
AND ITS RELATED BILL, HOUSE BILL 219, BOTH OF WHICH SEEK TO
PREEMPT TO THE STATE THE REGULATION OF SHORT-TERM
RENTALS, UNDO ANY LOCAL REGISTRATION. INSPECTION OR
LICENSING REQUIREMENTS SPECIFIC TO SHORT-TERM RENTALS
ADOPTED SINCE 2011, AND REQUIRE ANY LOCAL REGULATORY
ORDINANCES TO REGULATE SHORT-TERM RENTALS IN THE SAME
MANNER AS OTHER PROPERTIES IN NEIGHBORHOODS; AND
DIRECTING THE CITY CLERK TO SEND A COPY OF THIS RESOLUTION
TO THE SPEAKER OF THE FLORIDA HOUSE OF REPRESENTATIVES,
AND THE PRESIDENT OF THE FLORIDA SENATE.
(Sponsored by Vice-Mayor Michael Gongora)
This Resolution was passed and adopted by the Mayor and City Commission of the City of Miami
Beach on February 24, 2021.
Respectfully,
Rafael E. Granado
City Clerk
c: Vice-Mayor Michael GOngora
Resolutions - C7 F
MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Rafael A. Paz, Acting City Attorney
DATE: February 24, 2021
SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, STRONGLY OPPOSING SENATE BILL 522,
AND ITS RELATED BILL, HOUSE BILL 219, BOTH OF WHICH SEEK TO
PREEMPT TO THE STATE THE REGULATION OF SHORT-TERM
RENTALS, UNDO ANY LOCAL REGISTRATION, INSPECTION OR
LICENSING REQUIREMENTS SPECIFIC TO SHORT-TERM RENTALS
ADOPTED SINCE 2011, AND REQUIRE ANY LOCAL REGULATORY
ORDINANCES TO REGULATE SHORT-TERM RENTALS IN THE SAME
MANNER AS OTHER PROPERTIES IN NEIGHBORHOODS; AND
DIRECTING THE CITY CLERK TO SEND A COPY OF THIS RESOLUTION
TO THE SPEAKER OF THE FLORIDA HOUSE OF REPRESENTATIVES,
AND THE PRESIDENT OF THE FLORIDA SENATE.
ANALYSIS
Pursuant to the request of Commissioner Michael Gongora, the attached Resolution is
submitted for consideration by the City Commission.
SUPPORTING SURVEY DATA
N/A
Is this a "Residents Right Does this item utilize G.O.
to Know" item, pursuant to Bond Funds?
City Code Section 2-14?
No No
Legislative Tracking
Office of the City Attorney
ATTACHMENTS:
Description
❑ Resolution
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