510 N. Baker St. Mount Dora, FL DATE: February 6, Honorable Mayor and City Council Members. Robin R. Hayes, City Manager

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1 510 N. Baker St. Mount Dora, FL DATE: February 6, 2018 TO: FROM: SUBJECT: Honorable Mayor and City Council Members Robin R. Hayes, City Manager Resolution No , DRAFT - Requesting Legislative Support of Home Rule Authority for Cities to Regulate Short Term Vacation Rental Properties Introduction: This is a request for City Council to Discuss DRAFT Resolution No , requesting support from the Florida Legislature in order to allow Cities to use Home Rule Authority in the regulation of Short Term Vacation Rentals. Discussion: On December 14, 2017, the City Council met with several local bed and breakfast innkeepers of Mount Dora during a work session. The discussion centered on issues regarding properties throughout the City being used for short term vacation rentals via the internet, of who are not adhering to the same regulations placed on bed and breakfast establishments. The bed and breakfast owners discussed the B&B rules as set forth in City Ordinance No and set forth in the Land Development Code in Section (Attachment Nos. 1 and 2), with a major focus on the regulations they are required to adhere pertaining to life safety. On January 16, 2018 the Bed and Breakfast owners and a few of Short-Term rental owners were in attendance for the DRAFT resolution discussion to be held by City Council. There is pending legislation this session in the Florida House under HB 789 relating to regulation of vacation rental properties, amending FS Section which would subject rentals of this type to notice requirements similar to hotels and the like. A determination from Council on whether to support or oppose this legislation could be included in the DRAFT Resolution. City of Mount Dora Agenda Packet February 6, 2018 Page 87 of 165

2 Office of the City Manager Memorandum -- Page 2 of 2 The City Attorney has opined that amending the current bed and breakfast ordinance may result in negative consequences, as it has in other Cities. Challenges by companies such as Air BnB have thus far been successful on most occasions with respect to City Ordinances enacted or amended after the preemption (enacted in 2011 and amended in 2014.) While many other Cities have Ordinances in place, and were grandfathered in as enacted prior to the exemption. It is recommended the City continue to enforce its current bed and breakfast regulations as enacted with respect to all bed and breakfasts, to the extent not preempted by the Florida legislature. Budget Impact: None Strategic Impact: Public Safety Recommendation City Council to discuss DRAFT Resolution Attachments: 1. DRAFT Resolution with Redlines 2. Proposed FINAL Resolution Prepared by: Reviewed by: Robin R. Hayes, City Manager Jennifer Cockcroft, City Attorney City of Mount Dora Agenda Packet February 6, 2018 Page 88 of 165

3 DRAFT RESOLUTION NO A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOUNT DORA, FLORIDA, SUPPORTING HOME RULE POWERS AND REQUESTING THAT THE FLORIDA LEGISLATURE AMEND FLORIDA STATUTE (7)(B) TO AUTHORIZE LOCAL GOVERNMENTS TO FURTHER REGULATE VACATION RENTALS REQUESTING THAT THE FLORIDA LEGISLATURE VOTE AGAINST ANY BILLS THAT WOULD DIMINISH HOME RULE POWER OF LOCAL GOVERNMENTS, REQUESTING THAT THE FLORIDA LEGISLATURE VOTE IN FAVOR OF BILLS THAT WOULD RESTORE HOME RULE POWER TO LOCAL GOVERNMENTS; PROVIDING FOR LEGISLATIVE FINDINGS AND INTENT; PROVIDING FOR AUTHORITY TO THE CITY MANAGER FOR IMPLEMENTING ADMINISTRATIVE ACTIONS; PROVIDING FOR THE MAYOR TO EXECUTE THIS RESOLUTION; PROVIDING FOR DIRECTIONS TO THE CITY CLERK; PROVIDING FOR A SAVINGS PROVISION; AND PROVIDING FOR SCRIVENER S ERRORS, CONFLICTS, SEVERABILITY, AND AN EFFECTIVE DATE. WHEREAS, prior to 2011, Florida s cities and counties regulated local land use issues and decisions under the Home Rule authority granted to them by the Florida Constitution; and WHEREAS, the 2011 Florida Legislature enacted House Bill 883 (Florida Chapter , Laws of Florida) (hereinafter the 2011 Statute ) which preempted the local regulation of a specific land use commonly referred to as short-term vacation rentals (transient rentals of less than thirty days in duration and commonly located in residential areas); and WHEREAS, the 2011 and subsequent 2014 legislative amendmentsstatute prevented local communities from enacting new regulations necessary to address any negative impacts caused by short-term vacation rentals; and WHEREAS, the 2014 Legislature enacted Senate Bill 356 (Florida Chapter , Laws of Florida) (hereinafter the Current Statute ) which rescinded the previous preemption on local regulation of short-term vacation rentals, but provided that a local law, ordinance, or regulation adopted after June 1, 2011 may not prohibit short-term vacation rentals or regulate the duration or frequency of short-term vacation rentals; and WHEREAS, the Current Statute returned some limited local control back to communities to mitigate the effects of short-term vacation rentals in an attempt to make them safer, more compatible with existing residential neighborhoods, and accountable for their proper operation; and Page 1 of 4 City of Mount Dora Agenda Packet February 6, 2018 Page 89 of 165

4 WHEREAS, the existing legislation in Florid StatuteCurrent Statute (7)(B), as enacted, does not allow local governments to prohibit short-term vacation rentals from a community, nor to regulate the duration, or frequency of rentals of vacation rentals; and WHEREAS, HB 425 and SB 188 were introduced in the 2017 Florida Legislative Session and would have returned the preemption authority to what was enacted by the 2011 Florida Legislative Session, preventing local governments from enacting any new law, ordinance or regulation that prohibits, restricts the use of, or regulates vacation rentals based on classification, use or occupancy, but were not enacted; and Formatted: Highlight WHEREAS, HB 6003 and SB 1516 were introduced in the 2017 Florida Legislative Session and would have removed the current preemption on vacation rentals allowing local governments to regulate these properties through zoning, as well as adopting ordinances regulating the duration and frequency of the short-term rental but were not enacted; and WHEREAS, permanent single-family and multi-family residents inherently understand and know their physical surroundings, to include any safety gaps and potential risks to their families because they have daily familiarity; and WHEREAS, short-term rental occupants, due to the transient nature of their occupancy, are unfamiliar with local hurricane evacuation plans, the location of fire extinguishers, residence exit routes, pool and home safety features, and other similar safety measures that would readily be provided to guests in traditional lodging establishments; and WHEREAS, local governments apply design standards tailored for residential neighborhoods for their roads, driveways, parking areas, emergency services planning, public shelters, emergency evacuation plans, solid waste collection, utilities, buffers, and are also tailored in assessing their infrastructure impacts; and WHEREAS, short-term vacation rentals located in residential neighborhoods can create disproportionate impacts related to their size, excessive occupancy, and the lack of proper facilities theft unregulated; and WHEREAS, short-term vacation rentals locating within established neighborhoods can disturb the quiet enjoyment of the neighborhood, lower property values, and burden the design layout of a neighborhood; and WHEREAS, the presence of short-term vacation rentals in established residential neighborhoods can create negative compatibility impacts, among which include, but are not limited to, excessive noise, on-street parking, accumulation of trash, and diminished public safety; and WHEREAS, short-term vacation rental owners may live elsewhere and not experience the quality of life problems and negative impacts associated with larger, unregulated short-term vacation rentals in residential neighborhoods; and WHEREAS, traditional lodging establishments (hotels, motels and bed and Page 2 of 4 City of Mount Dora Agenda Packet February 6, 2018 Page 90 of 165

5 breakfasts) are restricted to non-residentially zoned areas where more intense uses are separated from less busy and quieter residential uses; and WHEREAS, some short-term vacation rental owners will make investments in upgrading building safety measures of their rental properties whereas other owners will not make such investments without local requirements and an ongoing inspection/enforcement program; and WHEREAS, the City Council of the City of Mount Dora supports legislation that repeals the state preemption of the regulation of vacation rental properties in order to allow local governments to further regulate such properties to protect the integrity of their residential neighborhoods and to protect the health and welfare of their residents, visitors and businesses; and WHEREAS, over the past several years, short-term vacation rentals via national internet booking have increased in popularity and it is estimated that there are approximately 200 short term rentals in the City of Mount Dora, as advertised on various websitesnational websites such as: AirBnB, VRBO, and HomeAway, as available in the City of Mount Dora, yet only approximately 25 are currently licensed through the Florida Department of Business and Professional Regulation; and WHEREAS, some short-term vacation rental owners have now begun advertising their single and multi-family residential properties in the City of Mount Dora for events such as weddings, reunions, and other celebrations that attract large crowds in residential neighborhoods, creating noise, traffic, and parking problems; and WHEREAS, permanent residents within established residential neighborhoods deserve the right to tranquility and peaceful enjoyment of their home without over-intrusion by an excessive number of transient occupants in the neighborhood; and WHEREAS, permanent residents within residential neighborhoods often establish long-term friendships, social norms and a sense of community which often leads to mutual respect among property owners on an ongoing basis; and WHEREAS, a home is typically the largest investment a family will make in their lifetime, with the home held sacred in popular culture as the heart and the center of the family unit; and WHEREAS, the City of Mount Dora promotes tourism, including appreciation and enjoyment of the City s abundant preserved natural areas, and vibrant unique historic downtown that make the City of Mount Dora unique among Florida's municipalities; and WHEREAS, many local jurisdictions in the State of Florida, and across the nation, have standards in place to minimize the negative impacts caused by short-term vacation rentals; and WHEREAS, the City desires to encourage short-term vacation rentals that are safe, fit in with the character of the neighborhood, provide positive impacts for tourism, increase property values, and achieve greater neighborhood compatibility; and Page 3 of 4 City of Mount Dora Agenda Packet February 6, 2018 Page 91 of 165

6 WHEREAS, the City does not desire to prohibit short term rentals within the City of Mount Dora, but instead seeks to restore Home Rule, allowing the City to impose reasonable restrictions on short term vacation rentals; and WHEREAS, the City recognizes that the City of Mount Dora hosts numerous events and that the existing hotels and bed and breakfast lodging establishments are not sufficient to satisfy the accommodation needs of visitors, and that short term vacation rentals play a part in satisfying the lodging needs to accommodate these visitors to the City of Mount Dora; and WHEREAS, the City seeks to balance respect for private property rights and incompatibility concerns between the investors/short-term vacation rentals and families/permanent single and multi-family residences in established residential neighborhoods through the use of reasonable development standards. Formatted: Font: 12 pt Formatted: Font: 12 pt NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MOUNT DORA: SECTION 1. Legislative Findings and Intent. The City Council of the City of Mount Dora has complied with all requirements and procedures of Florida Law in processing this Resolution. The foregoing recitals (whereas clauses) are hereby ratified, affirmed and confirmed as being true and hereby made a part of this Resolution. SECTION 2. Support for Authority to Regulate Short-Term Rentals. The City Council of the City of Mount Dora supports Home Rule powers and requests that the Florida Legislature amend Florida Statute (7)(b) by authorizing local laws, ordinances and regulations to prohibit regulate vacation rentals via reasonable restrictions on short term vacation rentals, including the regulation of the and//or regulate the duration and frequency of rentals of vacation rentals. SECTION 3. Support for Home Rule Authority. The City Council of the City of Mount Dora strongly believes in protecting the Home Rule powers of the Florida s municipalities during the Florida l Legislative ssession. SECTION 4. Implementing Administrative Actions. The City Manager is hereby authorized and directed to take such actions as he may deem necessary and appropriate in order to implement the provisions of this Resolution. The City Manager may, as deemed appropriate, necessary and convenient, delegate the powers of implementation as herein set forth to such City employees as deemed effectual and prudent. SECTION 5. Mayor to Execute. The Mayor is hereby authorized and directed to sign and execute this Resolution upon approval by the City Council. SECTION 6. Directions to the City Clerk. This Resolution shall be forwarded by the City Clerk to: to the Governor of the State of Florida, to the Florida state legislative delegation representing Lake County, Florida, to the congressional delegation serving the State of Florida, to Casey Cook, Senior Legislative Advocate at the Florida League of Cities, and to all Lake County Municipalities, the Florida League of Mayors and the Florida League of Cities.. Page 4 of 4 City of Mount Dora Agenda Packet February 6, 2018 Page 92 of 165

7 SECTION 7. Scrivener s Errors. Typographical errors and other matters of a similar nature that do not affect the intent of this Resolution, as determined by the City Clerk and City Attorney, may be corrected. SECTION 8. Conflicts. All Resolutions or parts of Resolutions in conflict with any of the provisions of this Resolution are hereby repealed. SECTION 9. Severability. If any Section or portion of a Section of this Resolution proves to be invalid, unlawful, or unconstitutional, it shall not be held to invalidate or impair the validity, force, or effect of any other Section or part of this Resolution. SECTION 108. Effective Date. This Resolution shall become effective immediately upon its passage and adoption. PASSED AND ADOPTED on this day of, 2018 by the Mayor and City Council of the City of Mount Dora. ATTEST: NICK GIRONE MAYOR of the City of Mount Dora, Florida GWEN KEOUGH-JOHNS, MMC CITY CLERK For the use and reliance of City of Mount Dora only. Approved as to form and legality. City Attorney By: Jennifer Cockcroft, Esq. Page 5 of 4 City of Mount Dora Agenda Packet February 6, 2018 Page 93 of 165