Confusion and Controversy Continue with Short Term Rentals

At the last Marco Island City Council meeting, Assistant to the City Manager Casey Lucius reported on some of the data she had been able to acquire regarding the issue of Short Term Rentals (STRs) since she was tasked with that project about a year ago.

Lucius reported that the Collier County Tax Collector’s Office lists 2931 units (single family homes and condominiums) which presently are registered as collecting Tourist Development Tax (TDT). The total in TDT paid by those Marco accounts amounted to $2,964,412 for homes and condominiums. This does not include hotels or motels. If those numbers were included, the total would amount to $7,475,000, a significant contribution to say the least (these numbers reflect the 2019 totals).

As concerns regarding STRs continue to grow in Florida, considerable pressure has been put on legislators in Tallahassee to provide protection to that industry by some of its largest lobbyists. Airbnb as well as VRBO had their lobbyists roaming the halls of Tallahassee to protect their lucrative business interests. At the same time, the Florida League of Cities as well as the Florida Association of Counties were also strongly represented during the 2021 Session of the State Legislature, lobbying against legislation seen as preempting home rule.

During this latest session of the legislature, both SB 522 and HB 219 ran into problems and neither received approval, despite support from local members of both the Senate and House sides of the Collier County Legislative Delegation.

Marco Island City Attorney Alan Gabriel recently has opined that vacation rentals are allowed in the Residential Single Family District (RSF District). That places Gabriel in the awkward position of explaining his 2009 advice to council that they were not allowed, and if council wanted to allow them they would have to amend our zoning to do so. 

One local advocate who has been outspoken regarding the issue is resident David Romano, who points his finger squarely to the sitting city council. “The only two people Council controls are the City Manager and the City Attorney. I guess if I were to draw an analogy here, it would be to an old fashioned juke box. You put your quarter in and you get the music you pay for. The residents here end up being the losers and that is sad,” said Romano.

At the latest council meeting, Councilor Joseph Rola suggested that council go over the City Attorney’s head and seek an opinion by the State’s Attorney General. “This would settle the question once and for all,” said Rola during the May 17 meeting. That course of action failed to find any support.

Councilors Rich Blonna and Becky Irwin both strongly supported continuation of allowing STRs in residential neighborhoods. 

Councilor Claire Babrowski, however, questioned the logic of the City Attorney’s opinion regarding the loss of our ability of enforcement because we previously failed to do so. “Because you have a rule you haven’t enforced, you now can’t enforce it? That sounds ridiculous,” said Babrowski.

The issue continues to grow throughout Florida and other states. Lucius suggested that a registration ordinance could be enacted by council, providing the city with a more accurate list of rental units and contacts for same, therefore ensuring the proper licensing with the Department of Business and Professional Regulation and the remitting of appropriate tax revenues.