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 •
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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