Short-Term Rental Discussion Yields No Resolution or Plan

Marco Island City Council held a workshop on issues surrounding short term rentals, demonstrating how islanders can be on opposite sides of an issue and still respect each other’s opinions.

Problems arising from short term rentals in residential neighborhoods are found throughout the nation, as reported by media sources over the last several years. However, it appears that these issues have grown at a large rate over the last two years, since the pandemic began in 2020.

Collier County enacted a “registration program” for short term rentals, which the City of Marco Island recently rejected. Throughout the two-hour meeting, the question of how many short-term rental units exist in Marco’s single-family home neighborhoods became an issue. That day, the numbers used varied greatly, depending upon who presented them.  

Besides the number of units, the number of noise complaints also came into question, and the manner in which they are recorded. Florida state statute now requires that when reporting a problem, an individual must give their name and address. 

During the meeting it was pointed out that residents fear retribution should they give that information, which results in declining numbers of complaints. It was reported that the number of noise complaints that were verified had fallen from 173 between August through December in 2020, compared to 35 between the same period in 2021. No verification report is required should the caller not identify themselves.

The Marco Island Area Association of Realtors came forward to announce they would support a “registration process” for the short-term rentals and were willing to work with the city for the development of that ordinance.

Assistant City Manager Casey Lucius gave councilors and residents in attendance an update on what the city has done regarding the influx of short-term rental complaints during the summer of 2020. A “Virtual Town Hall” was held in October 2020, and numerous comments from residents were fielded via phone. That meeting and those comments were broadcast live on cable, as well as on the internet.

By the beginning of the summer of 2021, Lucius reported that the city has received cooperation from property managers, as well as the State Department of Business and Professional Regulation and the Collier County Tax Office.

Property managers have begun to limit rental times to a minimum of one week, while others have even begun to install noise meters within the properties that they are responsible for.

Other questions raised concerned occupancy limits and whether safety inspections would be required should a registration ordinance be enacted.

Two items were not given much discussion. The first was a proposed referendum giving the citizens the right to vote during the 2022 election on whether to institute a registration ordinance similar to the one used in Fort Lauderdale. Ed Issler, the proponent of the idea, reported that although the referendum wording was deemed to be insufficient by the city attorney, he would make modifications and resubmit it for consideration.

The second item that was not given much discussion concerned a recent legal opinion from a Naples attorney to the group Citizens for a Better Marco. The attorney opined that the city’s existing zoning code does not allow short-term rentals within a designated single-family home neighborhood. Those short-term rentals are required to collect sales tax and tourist tax revenues, and some are actually “businesses” being run within an area that zoning denies its usage.

Council will continue the discussions on how to proceed with the short-term rental issues at a future date.