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Resolution 2022-32001RESOLUTION NO. 2022-32001 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, OPPOSING HOUSE BILL 325, AND ITS IDENTICAL COMPANION BILL, SENATE BILL 512, BOTH OF WHICH SEEK TO FURTHER PREEMPT TO THE STATE THE REGULATION OF SHORT-TERM VACATION RENTALS WITH REGARD TO LICENSING REQUIREMENTS, AND TO ENTIRELY PREEMPT TO THE STATE THE REGULATION OF SHORT-TERM VACATION RENTAL ADVERTISING PLATFORMS; AND DIRECTING 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. WHEREAS, House Bill 325 ("HB 325") and its identical companion Senate bill, Senate Bill 512 ("SB 512"), have been filed for consideration during the 2022 Florida legislative session by House Representative Jason Fischer, and Senator Daniel Burgess, respectively; and WHEREAS, if enacted, HB 325 and SB 512 would further preempt to the State the licensing of short-term vacation rentals; and WHEREAS, while Florida law presently prohibits local laws, ordinances, or regulations that prohibit vacation rentals, or which regulate the duration or frequency of short-term vacation rentals (unless the local law, ordinance, or regulation was adopted on or before June 1, 2011), HB 325 further restricts local regulation of short-term vacation rentals, and includes an additional preemption pertaining to the licensing of short-term vacation rentals; and WHEREAS, although HB 325 does authorize local governments to adopt a local short- term rental registration program, the precise parameters of any such short-term rental registration program (and exactly what any such local ,law may require of short-term vacation rental owners) are specifically set forth in HB 325; and WHEREAS, while HB 325 contains some important short-term vacation rental registration provisions pertaining to parking, solid waste, and a responsible party and phone number being available for complaints about the short-term rental, HB 325 falls short of those requirements placed upon short-term rental owners that the Mayor and City Commission adopted on September 17, 2021 in City of Miami Beach short-term rental Ordinance 2021-4442; and WHEREAS, in addition to the preemption pertaining to the licensing of short-term vacation rentals, HB 325 also contains a complete preemption to the State regarding the regulation of short-term rental advertising platforms; and WHEREAS, there has been no demonstration that local municipalities in Florida should be deprived of their Constitutional home rule powers, nor 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 by 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 vast majority of investors in short- term rental properties in Miami Beach area are conglomerates, not private citizens seeking to supplement their income; and WHEREAS, given the unique characteristics of the City of Miami Beach, local City officials are best -suited to ensure that regulations governing short-term rentals reflect what their community needs and wants; and WHEREAS, accordingly, the Mayor and City Commission hereby declare their opposition to HB 325 and SB 512, 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 oppose House Bill 325, and its identical companion bill, Senate Bill 512, both of which seek to further preempt to the State the regulation of short-term vacation rentals with regard to licensing requirements, and to entirely preempt to the State the regulation of short-term vacation rental advertising platforms; and directing 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 a° day of ATTEST: Iia! 0k? OPTED 5 2022 E. Granado, City (Sponsored by Commissioner Alex J. Fernandez) 744't4 , 2022. Dan Gelber, Mayor APPROVED AS TO FORM & LANGUAGE &, FOR EXECUTION City Attorney Dote C7 - Resolutions Al MIAMI BEACH COMMISSION MEMORANDUM TO: Honorable Mayor and Members of the City Commission FROM: Rafael A. Paz, City Attorney DATE: January 20, 2022 SUBJECT.A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, OPPOSING HOUSE BILL 325, AND ITS IDENTICAL COMPANION BILL, SENATE BILL 512, BOTH OF WHICH SEEK TO FURTHER PREEMPT TO THE STATE THE REGULATION OF SHORT-TERM VACATION RENTALS WITH REGARD TO LICENSING REQUIREMENTS, AND TO ENTIRELY PREEMPT TO THE STATE THE REGULATION OF SHORT-TERM VACATION RENTAL ADVERTISING PLATFORMS; AND DIRECTING THE CITY CLERK TO TRANSMIT 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 Alex J. Fernandez, the attached Resolution is submitted for consideration by the City Commission. SUPPORTING SURVEY DATA N/A Applicable Area Citywide Is this a "Residents Right to Know" itempursuant to Citv Code Section 2-14? Yes Legislative Tracking Office of the City Attorney Sponsor Commissioner Alex Fernandez ID =7MM 1 • _.11 . M No Page 492 of 1313 Description Resolution Page 493 of 1313 MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfi.gov Office of the City Clerk Tel: 305-673-7411 January 25, 2022 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. 2022-32001: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, OPPOSING HOUSE BILL 325, AND ITS IDENTICAL COMPANION BILL, SENATE BILL 512, BOTH OF WHICH SEEK TO FURTHER PREEMPT TO THE STATE THE REGULATION OF SHORT-TERM VACATION RENTALS WITH REGARD TO LICENSING REQUIREMENTS, AND TO ENTIRELY PREEMPT TO THE STATE THE REGULATION OF SHORT-TERM VACATION RENTAL ADVERTISING PLATFORMS; AND DIRECTING 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. (Sponsored by Commissioner Alex Fernandez) This Resolution was passed and adopted by the Mayor and City Commissioners of the City of Miami Beach on January 20, 2022. Respectfully, Rafael E. Granado City Clerk c: Commissioner Alex Fernandez MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfi.gov Office of the City Clerk Tel: 305-673-741 1 January 25, 2022 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. 2022-32001: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, OPPOSING HOUSE BILL 325, AND ITS IDENTICAL COMPANION BILL, SENATE BILL 512, BOTH OF WHICH SEEK TO FURTHER PREEMPT TO THE STATE THE REGULATION OF SHORT-TERM VACATION RENTALS WITH REGARD TO LICENSING REQUIREMENTS, AND TO ENTIRELY PREEMPT TO THE STATE THE REGULATION OF SHORT-TERM VACATION RENTAL ADVERTISING PLATFORMS; AND DIRECTING 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. (Sponsored by Commissioner Alex Fernandez) This Resolution was passed and adopted by the Mayor and City Commissioners of the City of Miami Beach on January 20, 2022. Respectfully, Rafael E. Granado City Clerk c:. Commissioner Alex Fernandez