STR Registration Implementation Moved To 2024

While growing up as kids, we were all familiar with the phrase, “Coming in like a lion and going out like a lamb,” to describe the month of March. We may have to apply our own quote moving forward regarding May that would reverse the order, instead saying “comes in like a lamb and goes out like a lion,” regarding the challenges implementing the Short-Term Rental (STR) Registration.

Since its passage in August of 2022, the ordinance has been under constant attack by those who oppose it. City staff worked diligently to craft an implementation plan which was to be put in place by June 30, 2023.

On Sunday evening, May 22nd, Councilors received an email from City Attorney Alan Gabriel updating them on the four court challenges to the ordinance, including the one from the Florida Association of Realtors. Gabriel explained that the lawsuit plaintiffs are crafting an injunction to stop the city from enforcing the ordinance. The city’s litigation council has had conversations with the plaintiffs to hold off on their litigation, as well as the injunction hearings or any actions going before a judge at this time, if the city agreed to voluntarily put the implementation of the Registration Ordinance on hold until January 8, 2024.

On Monday, May 23rd, Council had a tense debate about suspending the Council’s Rules of Procedure as it relates to public notification and comment in order to tackle the question of whether to extend the Rental Registration implementation date to 2024. Should the council agree to the extension, the city attorney would work to consolidate the existing four lawsuits into one case to streamline the process as they proceeded.

Councilor Blonna voiced his displeasure at what was being proposed, especially due to the fact that the citizens had been frozen out of the process with little or no notice. “I’m so disappointed I am considering bringing forth a vote of no confidence in your firm representing us in this matter,” said Blonna.

Councilor Brechnitz partially agreed with Blonna, citing what he saw as a conflict with the Council’s Rules of Procedure on public notification, but was willing to discuss the issue during the Council meeting. 

Brechnitz questioned why they were discussing the issue and strategies publicly and not privately, as is done in litigation matters such as the one before them.

Gabriel explained he was following the process they had discussed at the private strategy session held on May 8, commenting that in litigation you can’t predict how parties will act or proceed.

Vice-Chair Grifoni and Councilor Irwin voiced their displeasure with the ordinance during the debate to follow as they had in the past. 

At times the City Attorney had to admonish councilors when they came close to violating the integrity of the privately held meeting regarding the strategies.

When asked, City Manager McNees supported the extension to give staff more time to deal with the logistics of implementing the STR.

In the end, Councilors voted 5-2 to suspend Council’s Rules of Procedure, with Councilors Rola and Blonna voting against it.

The second motion extending the implementation of the STR Registration until January 8, 2024, was approved 5-2, again with Councilors Blonna and Rola dissenting.