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LTC 270-2024 Veto by Florida Governor of SB 280MIAMI BEACH OFFICE OF THE CITY A HORNEY LTC# LETTER TO COMMISSION TO: Mayor Steven Meiner and Members of the City Commission FROM: Ricardo J. Dopico, City Attorney {i;) DATE: July 1, 2024 SUBJECT: Veto by Florida Governor of SB 280, which would have preempted the City of Miami Beach from regulating vacation rental properties and advertising platforms I am pleased to advise the City Commission that, on June 27, 2024, the Governor vetoed Senate Bill 280, pertaining to vacation rental properties and advertising platforms. A copy of the Governor's veto letter is attached as Exhibit A. SB 280 was approved by the Florida House of Representatives on March 6, 2024, and approved by the Senate the next day. The Bill would have almost entirely preempted the City's ordinances on the registration and inspection of vacation rentals and would have preempted the City's requirements on advertising platforms altogether. Notably, the Bill would have superseded the maximum occupancy established in the City Code (which is a maximum of two persons per bedroom, excluding children under 2 years of age), and would have permitted an additional two persons in one common area, plus more than two persons per bedroom if there is at least 50 square feet per person. The Bill would not have impacted the City's existing prohibitions in the Land Development Regulations on short-term rentals in certain zoning districts. In light of the Governor's veto, the City will continue to enforce the provisions of City Code Sections 102-386 and 102-387, which set forth the obligations of short-term rental property owners and advertising platforms regarding legally permissible short-term rentals. We will continue to monitor any legislation proposed for the upcoming 2025 State legislative session. If you have any questions, please do not hesitate to contact me. 270-2024 June 27',2024 Dear Secretary Byrd: An act relating to Vacation Rentals Sincerely, Going forward,I encourage the Florida Legislature and all key stakeholders to work together,with the understanding that vacation rentals should not be approached as a one-size-fits-all issue. Secretary Cord Byrd Secretary of State R.A.Gray Building 500 South Bronough Street Tallahassee,Florida 32399 Ron DeSantis Governor THE CAPITOL Tallahassee,Florida 32399 •(850)717-9249 Ron DeSantis Governor file By the authority vested in me as Governor of the State of Florida,under the provisions of Article III,Section 8 of the Constitution of Florida,I do hereby veto and transmit my objection to Committee Substitute for Senate Bill 280 (CS/SB 280),enacted during the 126th Session of the Legislature of Florida during the Regular Session 2024 and entitled: For these reasons,I withhold my approval of CS/SB 280 and do hereby veto the same. Beyond creating new bureaucratic red tape that locals must comply with,CS/SB 280 prevents local governments from enforcing existing ordinances or passing any new local measure which would exclusively apply to vacation rentals.Under the bill,any such measure must apply to all residential properties.The effect of this provision will prevent virtually all local regulation of vacation rentals even though the vacation rental markets are far from uniform across the various regions of the state. m JUN 27 PM 6:30 i Hl NT OF STATE SALLAHASSEE.FL l ^•7 EXHIBIT "A"