Florida Realtors® Bring Civil Action to Overturn STR Registration

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The Twentieth Judicial Circuit for Collier County, Florida, located in the City of Naples, filed a Complaint for Declaratory and Injunctive Relief by the Florida Realtors® against the City of Marco Island late in the afternoon of Monday, March 27th. The complaint seeks to stop the voter approved Short Term Rental Registration Ordinance. The Marco Island Area Association of Realtors has notified its members to not comment and refer all inquiries to the Florida Realtors®.  

Residents voted in favor of the Referendum to require a registration process for Short Term Rentals seven months ago. That ordinance would provide for safety inspections for all residences, occupancy standards, proof of insurance and the registration of ownership and contact information, as well as other stipulations. This would only apply to residential structures being utilized for short-term rentals.  It was developed to mirror the Fort Lauderdale ordinance that has been in place for several years.

Florida State Law does not allow the prohibition by local municipalities of those uses of private residences if those types of uses were not excluded in their municipal ordinances prior to 2011, therefore stripping ‘home rule’ from local communities in regard to this issue. The Marco Island Rental Registration Ordinance does not prohibit rentals.

Coastal Breeze News will be doing a more in-depth article on the civil lawsuit brought by the Florida Realtors® in the April 6 edition of the paper.