Rental Registration Referendum Faces Court Challenge

The escalating debate surrounding the referendum for a registration ordinance for short term rentals was kicked up a notch last week when a lawsuit was filed against the City of Marco Island and Collier County Supervisor of Elections, Jennifer Edwards. 

The 32-page complaint and 15 pages of exhibits were filed on August 11, 2022, in the Collier County Circuit Court. The entire document may be found at https://www.scribd.com/document/587237276/Lawsuit-Against-Marco-Island-and-Supervisor-of-Elections.

The lawsuit seeks “declaratory and injunctive relief seeking to (i) strike a ballot question from the August 23, 2022 Primary Election for the City of Marco Island, and in the alternatively, if the ballot question is not stricken, (ii) if the proposed amendment is approved by the voters, that the proposed ordinance be declared invalid and unenforceable under applicable law, and the city be enjoined from enforcing same.”

Attorneys David Di Pietro and Lisandra Estevez of the Ft. Lauderdale-based firm, Di Pietro Partners, PLLC, represent five plaintiffs who are Marco Island property owners: Robert Ferrarie (1307 Riverhead Avenue); Reinalda Properties LLC (1202 Jamaica Road); Donald McLean (1860 Dogwood Drive); The Albert S. Randa Revocable Trust (180 Columbus Way) and Robert Sanford (910 Moon Court).

The counts in the complaint against the Supervisor of Elections allege that the description of the Referendum as posted on the ballot is misleading and confusing. The synopsis of the Referendum description is limited to 75 words by state election law. 

In July, Coastal Breeze News posted a link to the entire proposed ordinance (https://www.scribd.com/document/584079514/Final-Marco-Rental-Ordinance-3-24-22-Final-Technical-Sufficiency-002). The document remains available to those wishing to review it before the final day of voting on August 23. 

Should Marco Island voters pass the referendum, the legal battles may not be over, as the law firm has promised to appeal the vote and has requested an injunction against implementing the proposed legislation. 

Early voting began on August 13 and will run until August 20 at the Marco Island Library. In person voting will take place on August 23 at assigned precincts. To locate your assigned precinct, visit: www.colliervotes.gov or call the Supervisor of Elections office at 239-252-8683.