Interpretation of New State Law Voids Marco’s Short-Term Rental Ordinance

In a memo from City Attorney Alan Gabriel dated September 26, 2023, the Marco Island City Council was advised that recent state legislation rendered the city’s Short-Term Rental Registration Program (STRRP) null and void.

The state legislation, Chapter 2023-304, passed during the 2023 session of the Florida State Legislature, has been interpreted as making the STRRP Program unenforceable by the City of Marco Island. 

“Specifically, Section 14 (1) of Senate Bill 250 states that a municipality located entirely or partially within 100 miles of where either Hurricane Ian or Hurricane Nicole made landfall shall not propose or adopt any moratorium on construction, reconstruction or redevelopment of any property  damaged by either hurricane, nor may a municipality propose or adopt more restrictive or burdensome amendments to its comprehensive plan or land development regulations,” wrote City Attorney Alan Gabriel in his three page memorandum to the city council.

Gabriel’s review of the matter was supported by an independent review of the material and interpretation by outside counsel, which concluded that based on the date of adoption (December 5, 2022), and the scope of the Registration Ordinance, the City’s Short-Term Rental Registration Program “establishes a set of more restrictive or burdensome land development regulations, and is therefore null, voided and preempted under state law.”

The number of short-term rentals has exploded across the landscape, along with the problems that appear to accompany them. This phenomenon is not unique to Southwest Florida but is happening throughout the United States. Problems that have been experienced include overflowing trash and litter, improper parking and parking shortages, noisy tenants, as well as overcrowding of dwellings in what previously had been quiet, single-family home neighborhoods.

The problems in Southwest Florida were exasperated during the COVID pandemic, with the closure of public facilities on Florida’s East Coast. People seeking recreational activities within a two to three-hour drive, some wanting to lower costs by sharing expenses, flocked to Southwest Florida. The issues of overflowing trash, noise and parking problems didn’t take long to explode.

The ordinance that established the Short-Term Rental Registration Program on Marco Island was born out of the citizens’ desire to fix the problems, and the perceived lack of action by elected officials to deal with the problems impacting their neighborhoods.

The controversial STRRP ordinance was supported by 56% of those who voted on August 23, 2022. It passed despite heavy opposition by realtors on Marco Island and within the State of Florida. 

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