Florida - Tuesday July 2, 2024: Governor Ron DeSantis has vetoed a measure that would have empowered the state to assume regulatory control over short-term rental properties in Florida.
1. CS/SB 280 - Vacation Rentals - VETOED
The bill was approved by the Legislature by the following vote: Senate 23-16; House 60-51.
In his veto letter to the Legislature the Governor wrote, in part: “Beyond creating new bureaucratic red tape that locals must comply with ... 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."
"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. Vacation rentals should not be approached as a one-sit-fits-all issue.”
"For these reasons, I withhold my approval of CS/SB 280 and do hereby veto the same."
To view the veto letter, click here.
CS/SB 280 would have: The bill would have established detailed registration requirements and permitted local governments to impose fines of $500 for violations. The bill also would have authorized the Division of Hotels and Restaurants to revoke, refuse to issue or renew, or suspend a vacation rental license and it would have established a Vacation Rental Information System to facilitate compliance with the requirements, including requiring advertising platforms and vacation rental operators to collect and remit any taxes.
If not for the Governor's veto, it would have taken effect this past Monday July 1.
2. CS/CS/HB 1241 - Probation and Community Control Violations - VETOED
The bill was approved by the Legislature by the following vote: Senate 39-0; House 111-0.
In his veto letter to the Legislature the Governor wrote, in part: "CS/CS/HB 1241 requires a court to modify rather than revoke probation for offenders who violate the terms of their community confinement ... This effectively provides an extra, undue pass for probationers who were provided the opportunity to satisfy the terms of their probation through an alternative sanction program, and have already demonstrated that they are incapable of fulfilling their responsibility after a first violation."
"For these reasons, I withhold my approval of CS/CS/HB 1241 and do hereby veto the same."
To view the veto letter, click here.
CS/CS/HB 1241 would have: The bill would have revised provisions related to probation and the alternative sanctioning program. It would have required a court to modify or continue, rather than revoke probation, if a probationer meets specified criteria.
If the violation is a low risk violation, the court must hold a hearing on a violation of probation within 30 days after arrest, and give the probationer an opportunity to be fully heard on his or her behalf in person or by counsel. If the hearing is not held within 30 days, the court must release the probationer without bail.
If not for the Governor's veto this measure would have taken effect this past Monday July 1.
3. CS/SB 1082 Housing for Legally Verified Agricultural Workers - VETOED
The bill was unanimously approved by the Legislature by the following vote: Senate 39-0; House 111-0.
In his veto letter to the Legislature the Governor wrote: "CS/SB 1082 prohibits local governments from inhibiting the construction and installation of housing on farms for agriculture workers. The bill's terms apply to legal migrant farm workers, but the bill does not include the means to enforce this limitation and could pave the way for housing of illegal alien workers. Additionally, local governments currently have the ability to establish uniform guidelines and standards through their zoning ordinances which best suit each agricultural community."
"For these reasons, I withhold my approval of CS/SB 1082 and do hereby veto the the same."
To view the veto letter, click here.
CS/SB 1082 would have: The bill would have preempted a local government from inhibiting the construction or installation of housing for legally verified agricultural workers on land classified as agricultural if the housing meets certain criteria related to location and construction.
The bill would also have provided that a local ordinance regulating such housing must comply with state and federal regulations for migrant farmworker housing, including rules adopted by the Department of Health and federal regulations under the Migrant and Seasonal Agricultural Worker Protection Act or the H-2A visa program.
If not for the Governor's veto, this bill would have taken effect this past Monday, July 1.