Vacation Rental Regulations a Patchwork of Restrictions
After shuttering vacation-rental properties in late March, Gov. Ron DeSantis lifted the ban for counties outside of South Florida, with a caveat: County officials had to submit proposed rental procedures to the state and get the go-ahead before bookings could resume.
June 09, 2020 at 01:14 PM
7 minute read
Vacation rentals have rolled out the welcome mat in Florida again, but counties are imposing a variety of restrictions aimed at limiting the spread of COVID-19.
After shuttering vacation-rental properties in late March, Gov. Ron DeSantis on May 18 lifted the ban for counties outside of South Florida, with a caveat: County officials had to submit proposed rental procedures to the state and get the go-ahead before bookings could resume.
As of Monday, state Department of Business and Professional Regulation Secretary Halsey Beshears has signed off on 53 counties' plans, according to the agency's website.
The policies are a patchwork of restrictions that can vary from one county to the next.
"It's been very confusing. It's also been very discouraging, because most of us have been just happy with our governor and our state and the fact that it's very small-business friendly," Gretchen Kornutik, owner of SunCoast Beach Vacations, told The News Service of Florida in a telephone interview Monday.
It's not just property owners and managers who've been confused, according to Kornutik, who owns and manages properties in Duval, Nassau and St. Johns counties.
"The guests are confused, when they call," due to variations in neighboring counties' plans, she said, adding that some cities also have additional coronavirus-related ordinances affecting the vacation-rental industry.
In some counties, a maximum of 10 people are allowed to stay in each vacation-rental property, while nearby counties have no limit.
Some counties are mandating a 24-hour wait between bookings, while others are requiring "sufficient" or "adequate" time for cleaning and disinfecting.
And the people who are allowed to rent properties also fluctuates throughout Florida.
Some counties have banned all out-of-state visitors, at least for now.
Others are temporarily saying "no" to anyone from New York, New Jersey, Connecticut and Louisiana, states that DeSantis in executive orders identified as COVID-19 "hot spots," as the deadly respiratory disease infected communities in Florida and the nation. Some counties are requiring guests from hot spots to book stays for the two-week self-quarantine period ordered by DeSantis.
Meanwhile, some counties are restricting visitors based on the infection rates in their home states. But even that metric is inconsistent, based on a News Service analysis of the plans.
At least one county — Okeechobee — established a maximum threshold of 300 cases per 100,000 residents, based on input from Beshears. Other counties banned visitors from areas with more than 500 cases per 100,000 residents or 700 cases per 100,000 residents.
On Monday, New York, New Jersey, Massachusetts, Rhode Island, Washington, D.C., Connecticut, Delaware, Illinois, Maryland, Louisiana and Nebraska had rates of more than 700 cases per 100,000 residents, according to the federal Centers for Disease Control and Prevention website. Iowa, Michigan, South Dakota, Virginia, Pennsylvania, Mississippi, Minnesota and Indiana had infection rates higher than 500 cases per 100,000 residents. Colorado, Georgia, New Mexico, Alabama, Tennessee, Utah, North Dakota, New Hampshire, Kansas, Arizona, Wisconsin, North Carolina, Ohio, California, Nevada, Washington and Arkansas had more than 300 cases per 100,000 residents. Florida's rate was 293 per 100,000 residents.
"Some people find it problematic because they're operating in multiple counties and they have to continue to look at and monitor those numbers, because those numbers are always changing," Denis Hanks, executive director of the Florida Vacation Rental Management Association, said in an interview on Monday. "We've seen some states come off the list and then go back on the list."
Monitoring the case rates can be confusing for property managers and owners, Hanks said.
"I think everyone probably would like to see one single standard across the state, but it just didn't happen that way," he added.
Shut down in late March and April while hotels continued operating, vacation-rental property owners, management companies and cleaning businesses inundated DeSantis with pleas to allow them to resume operations before the Memorial Day weekend.
Once DeSantis announced that vacation rentals would be allowed to begin submitting reopening plans on May 18, Beshears advised counties to send their plans directly to him. The secretary quickly approved the proposals or made suggested tweaks to counties whose proposals he didn't think were selective enough.
For example, Clay County's May 18 submission to Beshears said vacation rentals would be open to "anyone who is seeking overnight accommodations."
But the Northeast Florida county amended its plan, after the secretary sent local officials an email instructing them to "please add something to limit reservations from hot spots in the country."
Clay County's revised plan, submitted on May 19, said "vacation rentals and stays will be allowed from all U.S. states with a COVID-19 case rate less than 800 cases/100K residents as of May 19."
The reason for the counties' disparities in threshold case rates is unclear.
On May 19, Beshears told Wakulla County Communications and Public Service Director Jessica Welch to add language to the Northwest Florida county's plan.
"Resubmit with this: 'Vacation rentals reservations and stays will be allowed from U.S. states with a COVID-19 case rate less than 500 cases/100K residents as of May 14,' " Beshears wrote, adding a link to the Centers for Disease Control and Prevention COVID-19 case-tracking website. Welch complied, and Beshears approved Wakulla's plan.
The following day, Beshears told Okeechobee County Commission Chairman Terry Burroughs to add language to his county's plan to restrict rentals "to guests from all U.S. states with a COVID-19 case rate less than 300 cases/100,000 residents as of May 14." Burroughs followed the suggestion and resubmitted the plan, which Beshears approved.
Beshears also advised Gilchrist County Administrator Bobby Crosby to adjust the North Florida county's proposal.
"Put a time limit on the in state rentals only. You don't want to limit yourself to that indefinitely," Beshears wrote on May 18.
A revised plan, submitted the following day, restricted vacation rentals to Florida residents "until end of Phase 1," referring to DeSantis' plan to revive Florida's anemic economy. The governor last week announced the state was moving into the second stage of what his three-phase reopening effort.
All of the counties' plans include intensive cleaning and disinfecting protocols that follow CDC guidelines.
Kornutik said the additional sanitation measures have doubled her cleaning costs. Guests, property owners and her management company are splitting the extra charges "so that everybody's taking a hit equally," she said.
On the bright side, Kornutik said she's been "crazy busy" since reopening last month.
"We are at 98% occupancy, and my phone will not stop ringing. Which is a beautiful thing," she said.
About 80% of her guests are Floridians, an uptick of the average 50% share of in-state rentals during summer, according to Kornutik.
Nearly all of the counties are reviewing their plans every two weeks, which adds to the vacation-rental industry's anxiety.
"It is madness and it's changing every day," Kornutik said.
Dara Kam reports for the News Service of Florida.
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
NOT FOR REPRINT
© 2024 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.
You Might Like
View AllBig Law Assembles as Cruise Lines Clinch Partial Victory in $439M Havana Docks Suit
Marriott's $52M Data Breach Settlement Points to Emerging Trend
Employee's Alleged Action Lands Marriott in Court for Defamation, Negligence
Trending Stories
- 1Gibson Dunn Sued By Crypto Client After Lateral Hire Causes Conflict of Interest
- 2Trump's Solicitor General Expected to 'Flip' Prelogar's Positions at Supreme Court
- 3Pharmacy Lawyers See Promise in NY Regulator's Curbs on PBM Industry
- 4Outgoing USPTO Director Kathi Vidal: ‘We All Want the Country to Be in a Better Place’
- 5Supreme Court Will Review Constitutionality Of FCC's Universal Service Fund
Who Got The Work
Michael G. Bongiorno, Andrew Scott Dulberg and Elizabeth E. Driscoll from Wilmer Cutler Pickering Hale and Dorr have stepped in to represent Symbotic Inc., an A.I.-enabled technology platform that focuses on increasing supply chain efficiency, and other defendants in a pending shareholder derivative lawsuit. The case, filed Oct. 2 in Massachusetts District Court by the Brown Law Firm on behalf of Stephen Austen, accuses certain officers and directors of misleading investors in regard to Symbotic's potential for margin growth by failing to disclose that the company was not equipped to timely deploy its systems or manage expenses through project delays. The case, assigned to U.S. District Judge Nathaniel M. Gorton, is 1:24-cv-12522, Austen v. Cohen et al.
Who Got The Work
Edmund Polubinski and Marie Killmond of Davis Polk & Wardwell have entered appearances for data platform software development company MongoDB and other defendants in a pending shareholder derivative lawsuit. The action, filed Oct. 7 in New York Southern District Court by the Brown Law Firm, accuses the company's directors and/or officers of falsely expressing confidence in the company’s restructuring of its sales incentive plan and downplaying the severity of decreases in its upfront commitments. The case is 1:24-cv-07594, Roy v. Ittycheria et al.
Who Got The Work
Amy O. Bruchs and Kurt F. Ellison of Michael Best & Friedrich have entered appearances for Epic Systems Corp. in a pending employment discrimination lawsuit. The suit was filed Sept. 7 in Wisconsin Western District Court by Levine Eisberner LLC and Siri & Glimstad on behalf of a project manager who claims that he was wrongfully terminated after applying for a religious exemption to the defendant's COVID-19 vaccine mandate. The case, assigned to U.S. Magistrate Judge Anita Marie Boor, is 3:24-cv-00630, Secker, Nathan v. Epic Systems Corporation.
Who Got The Work
David X. Sullivan, Thomas J. Finn and Gregory A. Hall from McCarter & English have entered appearances for Sunrun Installation Services in a pending civil rights lawsuit. The complaint was filed Sept. 4 in Connecticut District Court by attorney Robert M. Berke on behalf of former employee George Edward Steins, who was arrested and charged with employing an unregistered home improvement salesperson. The complaint alleges that had Sunrun informed the Connecticut Department of Consumer Protection that the plaintiff's employment had ended in 2017 and that he no longer held Sunrun's home improvement contractor license, he would not have been hit with charges, which were dismissed in May 2024. The case, assigned to U.S. District Judge Jeffrey A. Meyer, is 3:24-cv-01423, Steins v. Sunrun, Inc. et al.
Who Got The Work
Greenberg Traurig shareholder Joshua L. Raskin has entered an appearance for boohoo.com UK Ltd. in a pending patent infringement lawsuit. The suit, filed Sept. 3 in Texas Eastern District Court by Rozier Hardt McDonough on behalf of Alto Dynamics, asserts five patents related to an online shopping platform. The case, assigned to U.S. District Judge Rodney Gilstrap, is 2:24-cv-00719, Alto Dynamics, LLC v. boohoo.com UK Limited.
Featured Firms
Law Offices of Gary Martin Hays & Associates, P.C.
(470) 294-1674
Law Offices of Mark E. Salomone
(857) 444-6468
Smith & Hassler
(713) 739-1250