Short term vacation rental ban extended in Florida
Florida Governor Ron DeSantis signed an Executive Order Friday extending the ban on short term vacation rentals in the state.
The ban will be effective until April 30 unless extended by a subsequent order.
The original order was issued on March 27.
Below is Executive Order 20-87:
STATE OF FLORIDA
OFFICE OF THE GOVERNOR
EXECUTIVE ORDER NUMBER 20-87
(Emergency Management - COVID-19 - Vacation Rental Closures)
WHEREAS, on March 1, 2020, I issued Executive Order 20-51 directing the Florida Department of Health to issue a Public Health Emergency; and WHEREAS, on March 1, 2020, the State Surgeon General and State Health Officer declared a Public Health Emergency exists in the State of Florida as a result of COVID-19; and
WHEREAS, on March 9, 2020, I issued Executive Order 20-52 declaring a state of emergency for the entire State of Florida as a result of COVID-19; and
WHEREAS, on March 16, 2020, President Donald J. Trump and the Centers for Disease Control and Prevention ("CDC") issued the "15 Days to Slow the Spread" guidance advising individuals to adopt far-reaching social distancing measures; and
WHEREAS, the CDC has cautioned against non-essential travel within the United States; and
WHEREAS, Florida is experiencing an increase in individuals fleeing to Florida from out-of-state locations where "shelter-in-place" orders are being implemented and/or community spread · exists; and
WHEREAS, many cases of COVID-19 in Florida have resulted from individuals coming into the State of Florida from international travel and other states, posing great risk to Florida residents; and
WHEREAS, vacation rentals and third-party platforms advertising vacation rentals in Florida present attractive lodging destinations for individuals coming into Florida; and
WHEREAS, as Governor, I am responsible for meeting the dangers presented to this state and its people by this emergency. NOW,
THEREFORE, I, RON DESANTIS, as Governor of Florida, by virtue of the authority vested in me by Article IV, Section (l)(a) of the Florida Constitution, Chapter 252, Florida Statutes, and all other applicable laws, promulgate the following Executive Order to take immediate effect:
Section 1. Vacation Rentals
I hereby order all parties engaged in rental of vacation rental properties, as defined in section 509.242(l)(c), Florida Statutes, to suspend vacation rental operations. Vacation rentals are prohibited from making new reservations or bookings and shall not accept new guests for check-in for the duration of this order. This directive shall include the:
A. Rental of any house, condominium, cooperative, or dwelling unit that is also a transient public lodging establishment, as defined under Section 509.013(4)(a), Florida Statutes; and
i. Which· is rented for periods of less than 30 days or I calendar month, whichever is less; or
ii. Which is advertised or held out to the public as a place regularly rented to guests; or
iii. Which is otherwise regulated by the Department of Business and Professional Regulation ("DBPR") as a vacation rental pursuant to section 509 .241, Florida Statutes.
B. This directive shall not include the following:
i. Hotels, motels, inns, resorts, non-transient public lodging establishments, or time share projects; or
ii. Long-term rentals; or
iii. Rental stays where guests are currently staying in a vacation rental or have previously booked a stay and are schedule to check-in no later than March 28, 2020;or
iv. Rentals to persons performing military, emergency, governmental, health or infrastructure response, or travelers engaged in non-vacation commercial activities.
Section 2. Violations of the Order
A. DBPR shall supplement this directive with guidance or directives as necessary to implement the order and shall take steps necessary to inspect licensed properties or third-party platforms whereby Florida vacation rentals may be advertised.
B. DBPR shall revoke the vacation rental license of any party that violates this order or otherwise advertises vacation rental opportunities during the duration of this order; and
C. DBPR shall alert the state authorities to evidence of violations or attempts to violate this order; and
D. Parties that violate this order or attempt to violate the order through advertising or other means of solicitation may be charged with a second-degree misdemeanor, punishable as provided in Sections 775.082 or 775.083, Fla. Stat.
Section 3. This Executive Order shall expire in 14 days unless extended by subsequent order.