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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.