Citizens Request Legal Interpretation of STR Ordinance

Over the last few weeks, the debate about Marco Island’s Short Term Rental (STR) Ordinance has become somewhat muted but has not gone away, as the matter proceeds into the legal arena on two separate fronts.

The Citizens for a Better Marco, through Attorney Noel Davies of Davies Duke, has sent the city a request for an “Official Interpretation of the City’s Code of Ordinances” in reference to those governing “short-term rentals.” (Read the full text of the letter here https://www.scribd.com/document/572231849/3-28-22-Letter-to-the-City-of-Marco-Island-Requesting-Official-Interpretation) Attorney Davies points out that this language was well in place prior to 2011 State Legislation 509.032(7)(b), therefore grandfathering the city from that 2011 Florida legislation.

Attorney Davies’ request for an “Official Interpretation” involves three questions:

1. Does the City of Marco Island’s Code of Ordinances regulate short-term rentals?

2. Are short-term rentals prohibited in the RMF (residential multiple-family) zoning districts?

3. Are short-term rentals prohibited in the RSF (residential single-family) zoning district?

In his March 28, 2022, correspondence, Davies included a check for $1,000, which is required when requesting an “Official Interpretation” under the provisions of the City Charter. 

These STR issues may date back as far as 2009, when the-then and now City Attorney opined that the City of Marco Island did indeed have a problem and needed to deal with it. However, Council decided to pause any discussions about STRs and indefinitely postponed any action through their inaction.

On another front, a political action committee known as “Take Back Marco” has received a go-ahead to acquire petition signatures for a referendum vote on an ordinance to create a Vacation Rental Registration Program for rentals within Marco’s residential single-family home neighborhoods. (To read the proposed ordinance, click here.) If successful, this ordinance would become part of the City’s Land Development Code, as it is updated.  

The petition seeks the proposed ordinance language to be placed on the ballot in conjunction with the Primary Elections, therefore creating no additional cost for taxpayers. 

Should the requisite number of signatures be collected and certified, the issue would then be placed on the August 23, 2022, Primary Election Ballot. If the referendum item receives a plurality of votes, council would be required to set the issue onto the agenda for its next meeting for the first reading of the new ordinance. It would then go onto a second reading, wherein it would be passed and become part of the Marco Island Land Development Code.

In February, the Marco Island Area Association of Realtors (MIAAOR) came forward to support an island rental registration program and were willing to work with the city to accomplish that goal. It is unclear at the time of this writing whether the present referendum, created by Take Back Marco (PAC), is one that would be supported by the MIAAOR.

Last year, our state legislature passed, and the Governor signed into law, the requirement that a person must provide their name and address when reporting a code enforcement violation. Prior to this, reporting could be done anonymously. As the season comes to a close, whether this change created a chilling effect, and if it has, the extent of such effect, is not known.

Marco Island businesses are closely watching to see if this year people are staying longer, and if the island will once again experience a crush of off-season rentals, accompanied by another increase in reported complaints involving noise, parking and trash issues.