HomeMy WebLinkAboutcocc_p&z_str_email_toy_20210222February 22, 2021
Dear Cape Canaveral Planning & Zoning Board,
On behalf of the Florida Apartment Association and our local affiliate, the Space Coast
Apat linent Association, I am writing to encourage you to provide an exemption for multifamily
properties within Ordinance 10-21. As you may know, both transient and nontransient
apartments are classified as public lodging establishments under Chapter 509, Section 509.242
(1), Florida Statutes, and are subject to inspection and regulation by the Florida Department of
Business and Professional Regulation. This type of regulatory activity is outlined in Chapter 509,
Section 509.032(7), Florida Statutes, which grants preemptive authority to the state.
As the State of Florida regulates rental properties with five or more units, I strongly recommend
the addition of the following exemption language to the proposed ordinance: "Multifamily
properties with five mmormore units where by State law (509.032 (7) (a)) preempts the regulation
of such public lodging establishments to the state, are exempt." This alteration would grant the
City of Cape Canaveral the ability to regulate rental properties, nullify any conflict with Florida
Statutes, and avoid placing an undue burden on multifamily residences.
Please note that I have included documents with some additional information regarding this
request for your review. The attachment includes an overview of current statute and sample
language from Daytona Beach's code, which regulates rental properties with four units or less.
If there is any way that I may be of assistance as you work on this issue, please do not hesitate to
contact me. Thank you for your consideration and commitment to public service.
Best Regards,
James Toy
Local Government Affairs Manager
Florida Apartment Association
200 East Robinson Street, Suite 900, Orlando, FL 32801
Phone: 407-960-2910
Cell: 863-944-6057
**please see the enclosed documents**
Florida Statutes — Public Lod Re $ulation
State regulation of apartments dates to approximately 1927, when Florida Statues first included
apartments in the definition of "rooming house" under the regulatory provisions that later
became Chapter 509, Florida Statutes. Chapter 509, Section 509.032(7), Florida Statues provides
the following preemption for public lodging regulation:
(7) PREEMPTION AUTHORITY. —The regulation of public
Lodging establishments and public food service establishments, the inspection
of public lodging establishments and public food service establishments
for compliance with the sanitation standards adopted under this section,
and the regulation of food safety protection standards for required training and
testing of food service establishment personnel are preempted to the state.
This subsection does not preempt the authority of a local government or
local enforcement district to conduct inspections of public lodging and
public food service establishments for compliance with the Florida Building Code
and the Florida Fire Prevention Code, pursuant to ss. 553.80 and 633.022.
Under the Florida Constitution, Article VIII, Section 1, subsection (f), the powers of local
governments are expressly limited - "The board of county commissioners of a county not operating
under a charter may enact, in a manner prescribed by general law, county ordinances not
inconsistent with general or special law..."; subsection (g), "The governing body of a county
operating under a charter may enact county ordinances not inconsistent with general law;" and
Section 2, subsection (b), "Municipalities shall have governmental, corporate and proprietary
powers to enable them to conduct municipal government, perform municipal functions and render
municipal services, and may exercise any power for municipal purposes except as otherwise
provided by law."
The legislature provides related regulatory responsibility in Section 509.032, Florida Statutes, and
places the authority to carry out Chapter 509, Florida Statutes, and "all other applicable laws and
rules relating to the inspection or regulation of public lodging establishments and public food
service establishments for the purpose of safeguarding the public health, safety, and welfare" with
the Division of Hotels and Restaurants. Chapter 509, Florida Statutes, public lodging definitions
include transient and non -transient apartments. Additionally, Section 166.221, Florida Statutes,
restricts municipal authority to levy regulatory fees to regulations not preempted to the state.
Multifamily Exemo'tion Exam le: Daytona Beach
Daytona Beach has a registry within their rental property inspection program; however, it does
not include properties with 5 or more units. Daytona Beach defines rental properties to include
"single-family dwellings, duplexes, apartments, townhomes and condominiums that have
between 1 and 4 units which are leased, rented or occupied by a person or persons other than the
owner." The city of Daytona Beach's rental registry excludes rental properties regulated by the
state in Chapter 26, Article VI, Section 26-291. Purpose: "The city recognizes the need for safe,
decent, well maintained residential property within the city." The State of Florida regulates
residential rental properties with five or more units. This regulation is intended to ensure that
residential rental units that are not subject to state regulation meet minimum standards for the
health, safety, and welfare of all city residents, and that responsible persons are readily
available to respond and take appropriate action when necessary to prevent or remedy the
occurrence of nuisances.