About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline

LOG IN
LOG IN


2022 Op. Fla. Att'y Gen. 1 (2022)

handle is hein.sag/sagfl0113 and id is 1 raw text is: Florida Attorney General Advisory Legal Opinion Number: AGO 2022-01 Date: November 15, 2022 Subject: Vacation rental: municipal regulation by zoning overlay Mr. Robert Jagger Daytona Beach City Attorney P.O. Box 2451 Daytona Beach, FL 32115 Dear Mr. Jagger: On behalf of the City of Daytona Beach, Florida (City), you asked for an opinion addressing the following rephrased question: Consistent with section 509.032(7)(b), Florida Statutes, which prohibits any local law, ordinance, or regulation that regulates the frequency of rental of vacation rentals, may the City superimpose an overlay zoning district in a designated area over only certain portions of one or more underlying base zoning districts, thereby authorizing vacation rentals not otherwise currently allowed? As described by the City, the proposed zoning overlay ordinance would authorize a limited number, proportion, or percentage of vacation rentals to be located within a subset of properties that comprise neither Tourist zoning districts nor specifically designated Redevelopment zoning districts, which are the only zoning classifications in which vacation rentals are currently allowed.1 All other properties located within the larger set of similarly designated base zoning districts, however, would continue to be subject to existing vacation rental prohibitions. In sum: By creating a limited geographical exception to the otherwise comprehensive base zoning district vacation rental prohibition, the proposed zoning overlay ordinance would regulate the . . . frequency of rental of vacation rentals in the underlying base zoning districts. Therefore, the City may not implement the proposed zoning overlay ordinance consistent with the constraints of section 509.032(7)(b), Florida Statutes. Background Section 509.032(7)(b), Florida Statutes, states: A local law, ordinance, or regulation may not prohibit vacation rentals or regulate the duration or frequency of rental of vacation rentals. This paragraph does not apply to any local law, ordinance, or regulation adopted