Marco Vacation Rental Registration Ordinance Is Voided By New State Law

Based upon a  memo dated on September 26 from City Attorney Alan Gabriel, the Marco Island City Council voted to put the public on notice that council had chosen to vote on October 2 at their meeting to accept the City Attorney’s advice that the Vacation Rental Registration Ordinance has been made nullified, voided and preempted by recently passed state legislation.

That legislation, specifically Chapter 2023-304 as passed during the 2023 Session of the  Florida State Legislature would make the city’s Vacation Rental Registration Ordinance 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 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 council.

Gabriel’s review of the matter was supported by an independent review of the material and Gabriel’s 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 Vacation Rental Registration Program “establishes a set of more restrictive or burdensome land development regulations, and is therefore  null, voided and preempted under state law.

Be sure to read a more in-depth story on this item in the October 5 edition of the Coastal Breeze News, along with more interesting stories and photos.