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HomeMy WebLinkAboutPacket 01-11-2007 WorkshopCALL TO ORDER: ROLL CALL: DISCUSSION: City of Cape Canaveral VCIL WORKSHOP MEETING 'LANNING & ZONING BOARD 'TTY HALL ANNEX ,enue, Cape Canaveral, Florida THTTRSDAY January 11, 2007 5:30 PM AGENDA Transient Commercial/Short Term Rental Uses. ADJOURNMENT: Pursuant to Section 286.0105, Florida Statutes, the City hereby advises the public that: If a person decides to appeal any decision made by the City Council with respect to any matter considered at this meeting, that person will need a record of the proceedings, and for such purpose that person may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. This notice does not constitute consent by the City for the introduction or admission into evidence of otherwise inadmissible or irrelevant evidence, nor does it authorize challenges or appeals not otherwise allowed by law. Persons with disabilities needing assistance to participate in any of these proceedings should contact the City Clerk's office (868-1221) 48 hours in advance of the meeting. t05 Polk Avenue • Post Office Box 326 • Crape Canaveral, ISL 32920-0326 Telephone: (321) 868-1220 • SUNCOM: 982-1220 • FAX: (321) 868-124$ www.myflorida.comlcape • e-mall.-ccapccanavcral@cfl.rr.com Meeting Type: Workshop Meeting Date: 01-11-07 AGENDA Heading D1SCUssion [tem I have attached the following: No. 2. Code examples from other communities AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: DISCUSSION: TRANSIENT COMMERCIALISHORT-TERM RENTAL USES DEPT/DIVISION: LEGISLATIVE Requested Action: This is a workshop meeting to discuss the formulation of regulatory issues in regard to transient commercial uses within the R-1, R-2 and R-3 Residential Zoning Districts. Summary Explanation & Background: I have attached the following: I . City Manager's opinion 2. Code examples from other communities 3. Articles related to this issue 4. Housing data 5. State of Florida regulatory information on resort dwellings 6. Proposed Ordinance No. 19-2006 Please advise. E)diibits Attached: City Mans feice Department LEGISI.ATNE cape-ntlkimlmydocumentsladminlcouncii lmeetinq\2007\0I-11-07\I4-7C][i6.duc Memo To: Mayor & City Council Members From: Bennett Boucher, City Manag CC: Planning & Zoning Board Me ers Date: 01/05/2007 Re: Resort Dwelling — Analysis of Comprehensive plan and Land Development regulations. recently completed a review and analysis of the Comprehensive plan and Land Development regulations and the following are my findings. The comprehensive plan housing element deals mostly with affordable housing by encouraging it and other types of housing. If resort dwellings were an official permitted use, this could take housing inventory out of the market. The comprehensive plan future land use element deals mostly with protecting the residential character of the residential zoning districts. The City currently does not define — resort dwelling in our Land Development Regulations, (LDR's). These are the definitions in the City LAR code describe residential uses; Dwelling, multiple family, means a residential building designed f'or or occupied by three or more families, with the number of families in residence not exceeding the number of dwelling units provided. Dwelling, single-family, means a detached residential dwelling unit other than a mobile home, designed for and occupied by one family. Dwelling, two-family, means a. detached residential building containing two dwelling units, designed for occupancy by not more than two families. Dwelling unit or living unit means one room or rooms connected together, constituting a separate independent housekeeping establishment for owner occupancy, for rent or lease, and physically separated from any other rooms or dwelling units which may he in the same structure and containing independent cooking and sleeping facilities. Family means a person or a group of persons related to each other by blood or marriage or a group of not more than four adults who are not necessarily so related, living together under one roof as a single household unit. Residential district means that area set aside primarily for use as low and medium density residential housing. Sec. 110-272. Principal uses and structures. The principal uses and structures in the R-1 low density residential district are as follows: Single-family dwellings. In no case shall there be more than one principal structure per lot or parcel. Dwelling unit rentals of less than seven days are prohibited. (Code 1981, § 537.03) Sec. 110-275. Prohibited uses and structures. In the R-1 low density residential district, all uses not specifically or provisionally permitted in this division and any use not in keeping with the single-family residential character of the district, including two-family and multiple -family dwellings, townhouses and mobile home parks, are prohibited. (Code 1981, § 537.09) Sec. 110-292. Principal uses and structures. In the R-2 medium density residential district, the principal uses and structures shall be: (1) Single-family dwellings; (2) Two-family dwellings; (3) Multifamily dwellings; or (4) Public schools. Notwithstanding the foregoing, residential acre, and dwelling prohibited. (Code 1981, § 537.17; Ord. No 0 Page 2 there shall be no more than 15 dwelling units per net unit rentals of less than seven days are expressly 17-96, § 1, 10-1-96) Sec. 916-295. Prohibited uses and structures. In the R-2 medium density residential district, all uses and structures not specifically or provisionally permitted in this division are prohibited. (Code 1981, § 637.23) Sec. 110-312. Principal uses and structures. In the R-3 medium density residential district, the principal uses and structures shall be: (1) Single-family dwellings; (2) Two-family dwellings; (3) Multifamily dwellings; or (4) Public schools. Notwithstanding the foregoing, residential acre, and dwelling prohibited. (Code 1981, § 637.31; Ord. No. there shall be no more than 15 dwelling units per net unit rentals of less than seven days are expressly 17-96, § 2, 10-1-96) Sec. 110-315. Prohibited uses and structures. In the R-3 medium density residential district, all uses and structures not specifically or provisionally permitted in this division are prohibited. (Code 1981, § 637.37) After you review the above, resort dwelling as defined by the State below, is not a permitted use in any of the City's residential districts. The state of Florida defines resort dwelling as — a resort dwelling is any individually or collectively owned one -family, two-family, three-family, or four -family dwelling house or dwelling unit which is rented more then three times in a calendar year for periods of less than 30 days or 1 calendar month, whichever is less, or which is advertised or held out to the public as a place regularly rented for periods of less then 30 days or 1 calendar month, whichever is less. Additionally, (this is an important point) you can rent a unit for a week or longer under the current code and not trip the State's definition of a "resort dwelling" and be a conforming use. This can occur when the frequency of the rental does not meet or exceed the State's definition. 0 Page 3 If you rented a unit that tripped the State's definition of a "resort dwelling" then you are in violation of the City's code because this use is not defined or listed as a principal use in the R-1, R-2 and R-3 zoning districts. If the City were allow "resort dwellings" as a permitted use, I believe there would be comprehensive plan consistency issues that would have to be addressed in order to allow this type of use within the City's residential districts. 0 Page 4 Comprehensive Plan HOUSING ELEMENT GOALS, OBJECTIVES and POLICIES Prepared for The City of Cape Canaveral Prepared by IVEY, HARRIS & WALLS, INC. 631 S. Orlando Avenue, Suite 200 Winter Park, Florida 32789 (407) 629-8880 TABLE OF CONTENTS GOAT....................... .3 Objective H-1................ .•-............................. . 3 Objective1-1-2......................................................... ObjectiveH-3.....................................................• 4 Objective H-4 ...... .......................... Objective H-5................. ............................ ObjectiveH-6.............................................................. ObjectiveH-7...................................................... 5 Objective H-8...... ............................. ObjectiveH-9............... ...........-----.......... ........ 6 City of Cape Canaveral Comprehensizye Plan Sechon 6 - 2 Adopted - January 5, 1999 8 99802 1adopted jgops � housing GOAL Assure that existing and future residents of the City of Cape Canaveral have access to safe and sanitary housing at an affordable price. Objective H-1 Periodically review and update the regulations and limitations regarding housing construction in the different zoning districts of the City iorder to mainta n in and/or upgrade existing standards of housing in terms of floor space, lot size, etc. The measurement of this Objective is the actual review and update of these regulations, plus the degree to which the fcUowing Policies are implemented. Policy H-1.1 The City shall continue to review and update 4 the regulations and Iiinitations regarding housing construction. Policy H-1.2 The City shall adopt updates to the standard building, housing, plumbing, electrical and similar codes as these occur and as feasible. Objective H-2 The City shall identify and implement measures which facilitate the provision of additional decent, safe, and sanitary- affordable housing in the community to address the unmet housing needs of the lower-income segment of the population. The measurement of this Objective is the extent to which mousing needs are met for the general populace, lower-income families and those with special needs, plus the degree to which the following policies are implemented. Policy H-2.1 The City shall work with the private and non-profit sectors as well as with other public entities to improve coordination among participants involved in housing production. Policy H-2.2 The City shall periodically review the regulatory and permitting process and will improve it as deemed necessarv. City of Cape Canaveral Compr6xnkuF Plan Sectim 6 - 3 Adopted - jatxuari, 5, 199_9 fl �ssoz 1 Qac ttd lgaps housir:� Policy H-2.3 The City shall utilize existing and updated standards addressing the quality of housing and the stabilization of neighborhoods and identification of historical buildings. Policv H-2.4 Communicate with the Brevard Count), Housing Authority to facilitate federal, state and local resources to increase the supply of affordable housing for low- and moderate_ income households and elderly/ handicapped residents. Objective H-3 Protect existing and future neighborhoods from impacts that would negatively affect the quality of the residential environment and eliminate substandard housing conditions and work toward the structural and aesthetic improvement of existing housing. The measurement of this Objective is the number of substandard housing units ellmir aced and the amount of structural and aestlietic improvement of existing housing, plus the degree to which the following Policies are implemented. Policy H-3.1 The City shall, as needed., develop principles and standards to guide conservation, rehabilitation and demolition techniques and strategics to upgrade housing within the City. Objective H-4 Provide adequate sites for low- and moderate -income families and for manufactured homes. The measurement of this Objective is the number of sites for low- and moderate -income families and for manufactured homes within the City, plus the degree to which the following Policies are implemented. Policy H-4.1 The City shall cooperate with the Brevard County Housing Authority to make available the Rental Assistance Programs for low- and moderate- income families. Policy H-4.2 The City shall develop principles and criteria guiding the location of housing for low - and moderate- income families, including supporting infrastructure and public facilities. City of Cape Canaveral Comprehensive Plan Section 6 - 4 Adopted-)(f7TIuary J, 1999 f1998027 adopf�d `Sapsl housing Objective H-5 Provide adequate sites in areas of residential character for group homes and foster care facilities licensed or funded by the Florida Department of Health and Rehabilitative Services. The measurement of this Objective is the number of sites available for such facilities, plus the degree to which the following Policies are implemented. Policy H-5.1. The City shall permit housing for low- and moderate- income families in manufactured homes, group homes, foster care facilities, and households with special needs, including supporting infrastructure and public facilities as defined, licensed or funded by the Florida Department of Rehabilitative Services shall be permitted in residential districts Objective H-6 The City shall take steps to identify and. preserve all historically -significant housing. Policy H-6.1. As housing in the City attains historical significance, such housing shall be identified. Policy H-6.2 The City shall consider arranging for a systematic, professional, architectural and historical survey to determine the possible presence of historically -significant housing within the City. Policy 1-1-6.3 The City shall consider the adoption of an appropriate Historic Preservation Ordinance to assist in the preservation of historically -significant housing. Policy H-6.4 When Brevard County establishes a Local Register of Historic Places, the City shall periodically exchange information with that agency relative to any historic places in Cape Canaveral. Objective H-7 Provide necessary relocation housing. The measurement of this Objective is the Provision of relocation housing when it is needed, and the degree to which the following Policy is implemented. Cify of Cape Canaveral Comprehensive Plan Section b - 5 Adopted - January 5,1999 P 98802 `adopted �gops l housing Policy H-7.1 If occupied housing is eliminated by City action, relocation housing and/or assistance shall be provided as required by law. (Section 421.55, Florida Statutes) Objective H -S Formulate housing implerxr.entation programs. The measurement of this Objective is the end product plus the degree to which the follow°inn Policies are implemented. Policy H-8.1 The City shall investigate and evaluate various housing implementation programs in order to formulate those programs which are best for Cape Canaveral.. Policy H-$_2 The City shall investigate the availability, suitability and applicability of federal, state and local housing -subsidy programs and shall decide which, if any, shall be used by the City. Objective H-9 Encourage a variety of housing types within the City, to provide for adequate sites and distribution of housing for lour -income and moderate -income households, and to promote housing policies that reflect sound land use principles and development practices. The measurement of this Objective is the extent to which housing variety occurs within the City and the degree to which the following Policies are implemented. Policy H-9.1 The City shall encourage residential developments such as Planned Unit Developments to provide a variety of housing types and cost ranges. Policy H-9.2 The City shall prohibit placement of mobile homes outside of mobile home parks. Policy H-9.3 The City shall promote single-family and other low density housing types to balance the many high-density residential development in the community. City of Cape Canaveral Comprehensive Plan Adopted - January 5, 1999 Section 6 - 6 j198$02 � adn�tcrllgops � housing Policy H-9.4 The City shall encourage innovative housing development and creative residential land use arrangements through the develnpment regulation process. City of Cape Canaveral Cornprehensive Plan Section 6 - 7 Adopted - January S, 7999 f�96902ladopted 1Bops1housivig Comprehensive Plan FUTURE LAND USE ELEMENT GOALS, OBJECTIVES and POLICIES Prepared for The City of Cape Canaveral Prepared by IVEY, HARRIS & WALLS, INC. 631 S. Orland❑ Avenue, Suite 200 Winter Park, Florida 32789 (407) 629-8880 TABLE OF CONTENTS GOAL...................... Objective LU-1... ---.................... ............ Objective LU-2...................................... ...... Objective LU-3. .......................................................4 Objective LU-4 .............. 5 Objective LU-3................................. .......... ObjectiveLU-6 ........................................................... 5 Objective LU-8............................................ 6 Objcctive[.U-9.............................................. City of Cape Canavfral ComMherasive Plan Section 7 - 2 Adopted - January 5, 1999 ,n 98902 ti aduptedlgeps l land use GOAL The overall goal for the City of Cape Canaveral for future land use is to insure the proper relationship ainong residential, commercial, industrial, recreational and other activities in order to maximize the efficient use of land, accessibility, to the circulation system and general CompaLibility among the land uses. Objective LU -1 The City shall coordinate future land uses with the appropriate topography, soil conditions, and the availability of facilities and, services. The measurement of this Objective is the coordination of land uses with the above parameters and the degree to which the fallowing Policies are implemented: Policy LU -1.1 The City shall require soil borings before development takes place to assure that the soil is capable of bearing the structure(s) proposed. Policy LU -1.2 The City shall require developers to provide for the local sanitary sewer, reuse and water systems to serve their developments. Policy LU -1.3: The City shall require developers to provide for the following on-site infrastructure improvements for their projects: drainage and storinwater managernent, open space, safe and convenient traffic flow, and vehicle parking_ Policy LU -1.4 The City shall apply its adopted level -of -service standards to a proposed development before allowing the development to take place. Policy LU -1.5 The City shall require large scale residential development to provide an adequate range of services and facilities in accordance with the character of the development, and to reduce the direct or indirect cost to the public sector in providing such services and facilities. City of Cape Canaveral Comprehensive PZaii Section 7 - 3 Adopted - January 5, 1999 f� 98802 �adcp£ed lgcps g land use Objective LU -2 Should blighted areas occur, the City shall work toward redevelopment or renewal of such areas. The measurement of this Objective is the continuing lack of blighted areas and the degree to which the following Polio.' is implemented. Policy LU -2.1 The City shall enforce its housing and building codes in an effort to prevent any blighted areas. Objective LU -3 The City shall work toward the elimination or reduction of uses inconsistent with the corrununity's character and future land uses. The measurement of this Objective is the consistency and compatibility of land uses within Cape Canaveral and the degree to which the following Policies are implemented. Police LU -3.1 The City shall enforce its various ordinances which regulate the laird use categories included in the Future Land Use Map (Zoning Ordinance), subdivisions (Subdivision Regulations), signage (Sign Ordinance), and areas subject to seasonal or periodic flooding (Stormwater Management Ordinance and. Federal Flood Insurance Program Regulations). Policy LU -3.2 The City shall require new development to be compatible with adjacent land uses. Policy LU -3.3 The City shall enforce its requirements pertaining to densities and intensities of land use in each land -use category--i.e. *R -I, Low Density Residential: maximum 5.848 lots/ acre. *R-2, Medium Density Residential and Townhouse Apartments: maximum 15 units/acre. *R-3, Duplex/Multi-Family/Towrdzouse Apartments: maximum 15 units/ acre. *M-1, Light Industrial: maximum 4.356 lots/acre. *C-1, Commercial: zoning regulations impose a variety of requirements, depending upon type of use. City of Cape Canaveral Comprehensive Plan. Section 7 - 4 Adopted - fanuary 5, 1999 f 98802ladapted ISoPs 1Lnd use Policy LU -3.4: Appropriate locations for public schools should be based upon the following criteria: A. Public Schools should be considered for locations within the following land use designations] R -2 R-3 and C-1 tate pries. B. Public vocational schools and colleges should only be considered in M-1 categories. - C. School facilities should be centrally_ located to serve residential areas and be of sufficient size to accommodate the„ projected enrollment. Convenient pedestrian access is desirable. Locations on maior roadways, in commercial and industrial areas should be avoided to minimize the hazards of vehicular traffic and to limit disturbances from noise odors and fumes. D. The City shall encourage siting and collocation of public schools with other public facilities as permitted land uses. To the maximum „extent possible, new public facilities shall be located designed and constructed on or adiacent to library,community center, ark and/or recreation center. Comprehensive plan amendmei7t Adopted 12/07/99 *C-2, Commercial: coning regulations impose a variet , of requirements, depending upon type of use. PUB, Public and Recreation Facilities CO's, Conservation Objective LU -4 The City shall enforce its regulations for protection of natural resources and historic resources. The measurement of this Objective is the extent to which natural and historic resources are protected and the degree to which the following Policies are implemented. Policy LU -4.1 `llie City shall continue to enforce its regulations which protect environmentally sensitive land. (e.g. wetlands, beaches and dunes) Policy LU -4.2 As historically -s aQnificant properties are identified, these shall be designated and. protected. Policy LU --4.: The City shall maintaiai a list (including locations) of archaeological sites to cross-check against locations of proposed development before issuing a Development Order. Objective LU -5 The City shall coordinate coastal. area population densities with the local hurricane evacuation plan. The measurement of this Objective is the density of population in the coastal area and the degree to which the following Policy is implemented. Policy LLT -5.3. The City shall continue to monitor density of developments, especially in the high - hazard areas. Objective LU -6 The City shall attempt to prevent urban sprawl. The ,measurement of this Objective is the extent to which urban sprawl is prevented and the degree to which the following Policy is implemented. City of Cape Canaveral Comprehensive Plan Section 7 - 5 Adopted - January 5, 1999 P 98802 i adoptc?d l Bops i [and use Policy LU -6.1 The City shall work toward development on infill parcels. Policy LT T-6.2 The City shall encourage projects which are adjacent to existing public infrastructure. Objective LU -7 The City shall ensure the availability of land suitable for utility facilities necessary to support proposed development. The ineasurement of this Objective is the availability of land for utility facilities. Policv LU -7.1 The City shall continue with its policy of requiring developers to provide local sanitary sewer and water lines at the time of development. Policy LU -7.2 The City shall continue to cooperate with die Cocoa Water Department for locating and obtaining land for additional water facilities which may be required to be located within Cape Canaveral at some fu Lure date. Objective LU -8 The City shall work toward the use of innovative land development regulations. The measurement of this Objective is the extent to which innovative land development techniques are allowed and the degree to which the following Policy is implern.ented. Policy LU -8.1 The City shall allow planned unit developments (PUD's) with proper review, using the following specific criteria: 1. The PUD is an area of land developed as a single entity, or in approved stages, in conformity with a final development plan which is intended. to provide for a variety of residential and compatible uses and common space. 2. The PUD is a concept which permits variation in residential developments by allowing deviation in lot size, type of dwelling, density, lot coverage, and open space from that required for any one residential land -use classification under the zoning regulations. I PUD procedures and standards will have the following objectives: City of Cape Canaveral Conprehensiue Pla?a Section 7 - 6 Adapted - January 5, 1999 f}..8802 � adorpfed �gopsI Ian use A. Accumulation of large areas of usable open spaces for recreation and preservation of natural amenities. B. Flexibility in design to take the greatest advantage of natural land, trees, historical and other features. C. Creation of a variety of housing types and compatible neighborhood arrangements that give the home burger greater choice in selecting types of environment and living units. D. Allowance of sufficient freedom for the developer to take a creative approach to the use of .land and related physical development, as well as utilizing innovative techniques to enhance the visual character of the City of Cape Canaveral. E. Efficient use of land which may result in smaller street and utility networks and reduce development costs. F. Establishment of criteria for the inclusion of compatible associated Uses to complement the residential areas within the planned unit development. G. Simplification of the procedure for obtaining approval of proposed developments through simultaneous review by the City of proposed land use, site consideration, lot and setback considerations, public needs and requirements, and health and safety factors. H. PUD should utilize econarnical and efficient use of land, utilities and streets and other infrastructure. 4. No PUD shall be approved by the City until such time as a PUD ordinance is adopted by the City; this PUD ordinance shall be an up-to-date type Of ordinance based upon the criteria specified above. Objective LU -9 The City shall alleviate the impacts of inadequate public facilities and services, substandard structures and lot configurations in the biighted ur other affected areas in the County through -redevelopment and beautifica tion activities. Policy 9.1 In July of 3995, the City identified areas, prepared and adopted in the State Route ATA Beautification Plan and. Redevelopment Plan (13&R) and in order to improve traffic circulation and to provide for aesthetically pleasing and environmentally sound City of Cape Canaveral Comprehensive PIan Section 7 - 7 Adopted - January 5,1999 f � 98802 � adopU d � gops I land use commercial, office and residcntial opportunities, consistent with this Comprehensive Plan. At a minimum, the following criteria shall apply: CRITERIA: A. The B&R Plans shall be coordinated with the availability of the followino g public facilities and services at the levels of service adopted in this Comprehensive Pian: roadways, potable water, sanitary sewer, drainage, solid waste and emergency sen ices. B. The B&R Plans shall be coordinated with transportation improvements including marginal access, existing roadway networks in the study area, reduction of access points, parking, pedestrian and bicycle facilities and mass transit. r C. The B&R Plans address the impacts of redevelopment activities on the natural systems. Redevelopment activities shall be conducted consistent with the Conservation, Coastal Management and Surface Water Management elements of this Comprehensive Plan. D. The B&R Plans provide for the visual continuity of the study area through landscaping, signage and architectural and design requirements. E. The Redevelopment Plan addresses economic deveiopment strategies such as business recruitment, commercial revitalization and marketing campaigns. F. The Redevelopment Plan shall identif�, housing and other structures which are substandard and shall address measures for rehabilitation or replacement. G. The B&R Plans shall be consulted with the various decision- making task farces, comprised of a balanced set of representatives from all affected parties in the City of Cape Canaveral. City of Cape Canaveral Comprehensive Plan Section 7 - 8 Adopted - January 5, I999 f� 98802 adopfed 1gaps � land rue ARTICLE IV. CHRONIC NUISANCE PREMISES Page 1 of 6 ARTICLE IV. CHRONIC NUISANCE PREMISES Sec. 78-115. Legislative findings and intent. (a) The city commission finds that any premises that has generated more than the calls for police service or code enforcement responses for nuisance activities found in section 78-117, (monthly allowance), has received more than the level of general and adequate police service and code enforcement activity and has placed an undue and inappropriate burden on the taxpayers of the city. The city commission, therefore, directs the city manager, or designee, to charge the owners of such premises at which nuisance activities chronically occur. (b) The above recitals are hereby adopted as legislative findings. (c) It is the intent of the city commission to encourage the appropriate management of residential rental properties, to ensure that rental properties are maintained in a high-quality manner as required of all residential properties and to ensure that residential rental properties are maintained with the care necessary to ensure code compliance as evident in the vast majority of owner -occupied residences located within the city. (d) The recitals (whereas clauses) to Ordinance No. 3947, from which this article is derived constitute additional legislative intent and findings of the city commission relative to the enactment of this article. (Ord. No. 3947, § 2, 7-25-2005) Sec. 78-116. Definitions. As used in this article, the following terms shall have the following meanings, unless the context clearly indicates that a different meaning is intended and the definitions set forth in F.S. §§ 509.242 and 320.01(2)(b), shall apply to the interpretation of section 78-123 of this article as shall the terms defined otherwise in the land development regulations of the city. Absentee owner means an owner of residential rental property who does not live within the jurisdictional limits of Seminole County, Florida and counties abutting Seminole County. City means the City of Sanford, Florida. Consumption of law enforcement services means the presence of one or more certified law enforcement officer(s) or code enforcement officer(s) employed by the city on a unit of real property in response to an activity or condition existing or alleged to be existing upon the property resulting from a response other than at the convenience of the city police department or the city code enforcement office. The presence may be caused by the request of any person upon the property or information developed by the city police department or the city codeenforcement office from any source warranting a response to the property. Excluded from this definition are courtesy inspections, criminal investigations of matters not arising from or connected with the property and paid off-duty details of police officers. Incident of service means each time one or more city police officer(s) or city code enforcement officer(s) commences and completes a response to an identifiable unit of property as recorded by the Seminole County Sheriffs Communication Center's computer aided dispatch system or a written report of a police officer or code enforcement officer which sets forth the time the officers were present upon the property. Responses caused by false reports of nuisance activity initiated by third parties with the intent of harassing theunit of property, or for criminal activity that commences elsewhere and subsequently comes upon a unit of property despite reasonable efforts of persons responsible for the http:IJlibrary1.municode.comlmcclDocView1199851111431149?hiIite=nuisance'; 12/04/2006 ARTICLE IV. CHRONIC NUISANCE PREMISES Page 2 of 6 unit of property to exclude it, will not constitute an incident of service. Unit of real property means any contiguous lands within the city which are under common ownership or are devoted to a single use, whichever is greater. Common ownership shall include all entities from which the same natural or fictitious person or people have ultimate benefit. Contiguous land shall include those separated by easements, sidewalks, alleys, right-of-ways and water bodies. Monthly period means any consecutive 30 -day period. Nuisance activity means any activity, behavior or conduct whenever engaged in by premises owners, operators, occupants or persons associated with a premises that could be enforced by means of a proceeding before the city's code enforcement board, through citation as set forth in this Code, through nuisance abatement, or relating to any actions or offenses relating to the following subject matter., (1) Firearms and weapons; (2) False alarms; (3) Harassment of a neighbor, disorderly conduct, or disturbing the peace; (4) Battery, substantial battery or aggravated battery; (5) Indecent exposure; (6) Keeping a place of prostitution, or otherwise using the premises for the purpose of prostitution; (7) Littering, solid waste or public health; (8) Arson; (9) Possession, manufacture or delivery of a controlled or illegal substance or related offenses; (10) Gambling; (11) Animal or fowl; (12) Trespass to land or criminal trespass to a dwelling; (13) Production or creation of excessive noise or vibration; (14) Loitering; (15) Public drinking and other matters relating to alcoholic beverages; (16) Intoxicating beverages; (17) Unpermitted or illegal business; (18) Selling or giving away tobacco products to underage persons; (19) Illegal sale, discharge and use of fireworks; (20) dunk vehicles; (21) Action deemed a nuisance under state law; (22) Any action that is a violation of this Code which could be enforced by the provisions of this Code implementing the provisions of F.S. ch. 162; (23) Act of aiding and abetting of the activities, behaviors or conduct enumerated in this article; or (24) Conspiracy to commit or attempt to commit any of the activities, behaviors or conduct enumerated in this article. http://libraryl.municode.com/mcc/DocView/l 99851111431149?hilite=nuisance`; 12/44/2006 ARTICLE IV. CHRONIC NUISANCE PREMISES Page 3 of 6 Person associated with means any person who, whenever engaged in a nuisance activity, enters, patronizes, visits or attempts to enter, patronize or visit, or waits to enter, patronize or visit, a premises or person present on a premises including, but not limited to, any officer, director, customer, agent, employee or independent contractor of a premises owner. (Ord. No. 3947, § 3, 7-25-2005) Sec. 78-117. Monthly allowance of services; user charges; service fees imposed. (a) The city commission has determined that the following number of service calls is a reasonable and permittable number of nuisance activities calls for city law enforcement and/or code enforcement personnel to respond to on a monthly basis: TABLE INSET: Type of Property 30 -Day Period Allowance Single-family resident or duplex.......... 3 calls Multi -family residences, including: Apartments; hotels; motels.......... 3 calls Businesses ---------- 3 calls (b) The city commission has determined that nuisance activity calls in excess of the monthly allowance of nuisance activity calls as set forth in this article shall be subject to a reasonable user charge/service fee as set forth in this section. (c) No user fee shall be charged for the first three calls for service pertaining to a nuisance activity in a 30 -day period. (d) The fourth call for service pertaining to a nuisance activity in a 30 -day period shall result in a $250.40 service fee being charged to the owner of the property on which the nuisance activity has occurred. (e) The fifth call for service pertaining to a nuisance activity in a 30 -day period, and every call thereafter within said 30 -day period, shall result in a $500.00 service fee being charged to the owner of the property on which the nuisance activity has occurred. (Ord. No. 3947, § 4, 7-25-2005) Sec. 78-118. Notification of the nuisance activity procedures. Whenever the city manager, or his or her designee, determines that more than the monthly allowed services for nuisance activities could occur or have occurred at a premises during a 30 -day period, the city manager, or his or her designee, may notify the premises owner and the person causing the nuisance activity, if they reside at the premises and is not the owner, in writing, that the premises is in danger of becoming or has became a chronic nuisance. This notice shall be deemed to be properly delivered ifsent either by certified U.S. Mail, return receipt requested, to the premises owner(s) last known address or if delivered in person to the premises owner. If the premises owner cannot be located, the notice shall be deemed to be properly served on any person as may be permitted by F.S. ch. 48. If a current address cannot be located, it shall be deemed sufficient if a copy of the notice is sent by certified U.S_ Mail, return receipt requested, to the last known address of the owner as identified by the records of the county property appraiser. Additionally, the notice may be perfected, if posted or published in accordance with the provisions of F.S. § 162.12, or its successor provision. The notice shall contain: http://library1.municode.corn/mcc/DocView/19985/1/143/1497hiIite=nuisance'`; 12/04/2006 ARTICLE IV. CHRONIC NUISANCE PREMISES Page 4 of 6 (1) The street address or legal description sufficient for identification of the premises which shall be sufficient if the tax parcel identification number assigned by the county property appraiser is used; (2) A description of the nuisance activities that have occurred at the premises and a statement indicating that a service fee will be or is being assessed against the owner of the premises; (3) A notice of the premises owner(s) right to appeal pursuant to this article; (4) A statement that the premises owner shall, within ten days of the date of the notice, respond to the city manager, or his designee, either in person or writing, with a request for an appeal. (Ord. No. 3947, § 5, 7-25-2005) Sec. 78-119. Filing of liens. The city may file a notice of lien in the public records of the county with regard to the costs of the city incurred pursuant to this article. Upon failure of the premises owner to pay the costs incurred by the city, after a demand for payment being made by the city, the lien may be recorded. (Ord. No. 3947, § 6, 7-25-2005) See. 78-120. Utility services. Should the city determine that the use of city water and/or wastewater utility services facilitates, contributes to or exacerbates a nuisance activity, the city may, consistent with any controlling provisions of state law, terminate the provision of such utility services to the property on which the nuisance activity is occurring. (Ord. No. 3947, § 7, 7-25-2005) Sec. 78-121. Exemptions. (a) A property owner may apply for and be exempt from assessment of the user charge/service fee assessed in this article and the provisions of sections 78-117--78-120 of this article by accomplishing the actions required in subsection (b)of this section. (b) The following property owners shall be exempt from assessment of the user charge/service fee assessed in this article and the provisions of sections 78-117--78-120 of this article upon approval by the city manager - (1) Multifamily residences, apartments, hotels, motels and businesses who employ off- duty law enforcement officers who provide for additional security for their premises. (2) Multifamily residences, apartments, hotels and motels which provide for a law enforcement officer to live on the premises in order to provide for additional security for their premises. (Ord. No. 3947, § 8, 7-25-2005) Sec. 78-122. Appeals. http://libraryl.municode.com/mcc/DocView/l 998 5/1/143/1497hilite=nuisance""; 12/04/2006 ARTICLE IV. CHRONIC NUISANCE PREMISES Page 5 of 6 Determinations of the city manager shall be final; provided, however, that if the city adopts a hearing officer/special magistrate system, an appeal may be filed with the hearing officer/special magistrate whose decision shall be final. An appeal must be filed within ten calendar days from the date of the decision appealed. (Ord. No. 3947, § 9, 7-25-2005) Sec. 78-123. Local representation designation for residential rental properties owned by absentee owners; inspections. (a) This section of this article shall be applicable to the rental of residential properties, but shall not apply to hotels, motels, roominghouses, resort dwellings, and bed and breakfast inn. (b) In the event that an owner of residential rental property is an absentee owner, the said absentee owner shall provide the name, address and telephone number($) and other available contact information pertaining to an authorized local designated representative who conducts business within Seminole County, Florida and any county abutting Seminole County. Said local representative shall be appointed in accordance with this article within 60 days of the effective date of this article. (c) Each local designated representative of an absentee owner shall maintain a current working local telephone number and current local address, not a public or private post office box, and provide notification thereof of any changes of address, physical location and/or telephone number to the city within 30 days of the change. (d) In the event of any code enforcement action being taken relative to the residential rental property, in addition to any notices as required by state law, the local designated representative shall also be notified; provided, however, that failure to provide such notice shall not preclude the enforcement of the city's codes and ordinances by the city's code enforcement board if the notice requirements of F.S. ch. 162 have been met. (e) The designation of a local designated representative shall be deemed to act as authorization for the representative to make statements on behalf of the owner during the course of any code enforcement proceeding if the representative is not precluded from so acting under the provisions of controlling state law. (f) Upon designation of a local representative either the absentee owner or the local designated representative shall pay a fee as established by resolution adopted by the city commission. (g) External inspections of rental residential properties subject to this article shall occur based upon complaints, or as initiated by code inspectors. (h) Internal inspections by the city shall occur based upon complaints or as initiated by code inspectors to ensure that such properties are in compliance with the provisions of all applicable codes and ordinances; provided, however, that this provision shall not be interpreted as authorizing the city to conduct inspections of properties without the consent of the owner or occupant or without an administrative inspection warrant. (Ord. No. 3947, § 10, 7-25-2005) Sec. 78-124. Reports; administrative rules. (a) The city manager, in conjunction with the city police chief, shall provide an annual report to the city commission apprising the city commission of the success of the programs set forth in this article and any matters relating thereto. http:Illibraryl.rnunicode.com/mcc/DocView/l 998511/143/149?hilite=nuisance*; 12/04/2006 ARTICLE IV. CHRONIC NUISANCE PREMISES Page 6 of 6 (b) The city manager is hereby authorized to promulgate administrative rules to implement the provisions of this article to include, but not be limited to, the assessment of fees for applications and appeals as set forth in this article. Rules adopted by the city manager shall be provided to the city commission upon adoption. (Ord_ No. 3947, § 11, 7-25-2005) http:lllibraryi.municode.com/mec/DocView1199851111431149?hilite=nuisance"'; 12/04/2006 ORDINANCE NO. 05-27 AN ORDINANCE AMENDING CHAPTER 62, "LAND DEVELOPMENT REGULATIONS", CODE OF ORDINANCES OF BREVARD COUNTY, FLORIDA; AMENDING SECTION 62-1102 BY CREATING A DEFINITION OF RESORT DWELLINGS; AMENDING SECTIONS 62-1331(1)(B), 1332(1)(B), 1333(1)(B), 1334(1)(B), 1334.5(1)(B), 1335(1)(B), 1336(1)(B), 1337(1)(6), 1338(1)(8), 1339(1)(B), 1340(1)(B), 1341(1)(B), 1342(1)(B) 1443(6), AND 1463(E) BY ADDING "RESORT DWELLINGS" AS A "PERMITTED USES WITH CONDITIONS" IN CERTAIN SINGLE FAMILY AND PUD ZONING CLASSIFICATIONS; AMENDING SECTIONS 62- 1343(1)(A), 1344(1)(A), 1371(1)(A), 1372(1)(A), 1373(1)(A), 1481(1)(A), 1482(1)(6), 1483(1)(B), 151 1(1)(A), AND 1512(1)(A), BY ADDING "RESORT DWELLINGS" AS "PERMITTED USES" IN CERTAIN MULTIFAMILY, COMMERCIAL, AND HOTEL CLASSIFICATIONS; CREATING SECTION 62-1841.5.5 TO ESTABLISH LOCATION AND PERFORMANCE STANDARDS FOR RESORT DWELLINGS WHERE LISTED AS A PERMITTED USE WITH CONDITIONS IN SINGLE FAMILY AND PUD CLASSIFICATIONS; CREATING SECTION 62-1191 TO PROVIDE FOR THE AMORTIZATION OF PRE-EXISTING RESORT DWELLINGS; PROVIDING FOR CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR AREA ENCOMPASSED; PROVIDING AN EFFECTIVE DATE; AND PROVIDING FOR INCLUSION IN THE BREVARD COUNTY CODE OF ORDINANCES. WHEREAS, current Brevard County Code does not define or regulate the short term rental of residential structures known as "resort dwellings"; and WHEREAS, the Board of County Commissioners has determined that it is in the public interest to regulate the location and operation of resort dwellings; and WHEREAS, the Board of County Commissioners, further desires to amortize existing resort dwellings that have been permitted by the State of Florida; and WHEREAS, the Local Planning Agency, on April 18, 2005, reviewed the proposed ordinance and made recommendations; and WHEREAS, the Board of County Commissioners has reviewed the recommendations of the Local Planning Agency and has considered the comments of interested citizens in public hearing. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF BREVARD COUNTY, FLORIDA, as follows: Reson Dwcllinns May 19, 2005 Paas 1 SECTION 1. Chapter 62, Article VI, Section 62-1102, Code of Ordinances of Brevard County, Florida, is hereby amended to add the following definition: Resort dwelling means any single family dwelling or multifamily dwelling unit which is rented more than three times in a calendar year for eriods of less than 90 days or 3 calendar months whichever is less or which is advertised or held out to the public as a place regularly rented for periods of less than 90 days or 3 calendar monthsr whichever is less. For the purposes of this Cha ter a resort dwelling is a commercial use. For the purposes of this definition, subleases for less than 90 days are to be considered separate rental periods SECTION 2. Chapter 62, Article VI, Code of Ordinances of Brevard County, Florida, Sections 62-1331(1)(b), 1332(1)(b), 1333(1)(b), 1334(1)(b), 1334.5(1)(b), 1335(1)(b), 1336(1)(b), 1337(1)(b), 1338(1)(b), 1339(1)(b), 1340(1)(b), 1341(1)(b), 1342(1)(b) 1443(b), and 1463(e) are hereby amended to add "Resort dwellings" to each classification's list of "permitted uses with conditions" as follows: Sec. 62-1331. General use, GU. (1) Permitted uses. b. Permitted uses with conditions are as follows (see division 5, subdivision Il, of this article): Preexisting use. Private parks and playgrounds. Resort dwellings Temporary living quarters during constriction of a residence - Sec. 62-1332. Productive agricultural, PA. (1) Permitted uses. b- Permitted uses with conditions. Permitted uses with conditions are as follows (see division 5, subdivision II, of this article).- Preexisting rticle):Preexisting use - Resort dwellings Temporary living quarters during construction of a residence. Tenant dwellings: Mobile home. Sec. 62-1333. Agricultural, AGR. (1 ) Permitted uses - b. Perrnitted uses with conditions are as tallows (see division 5, subdivision II, of this article): Crematoriums - Power substations, telephone exchanges and transmission facilities. Preexisting use. Private parks and playgrounds - Resort dwellings Temporary living quarters during construction of a residence. Tenant dwellings: Mobile home. Sec. 62-1334. Agricultural residential, AU. (1) Perrnil led uses. b. Permitted uses with conditions are as follows (see division 5, subdivision Il, of this article). Fish camps (section 62 -1835.4 -5) - Landscaping business (section 62-1837). Mobile home residential dwelling (section 62-1837.5). Resort Dwellings May 19, 2005 Page 2 Power subslalions, lelephone exchanges and transmission facilities (section 62-1839). Preexisting use (section 62 -1839.7) - Private parks and playgrounds {section 62-1840}. Resort dwellings Temporary living quarters during construction of a residence. Tenant dwellings: Mobile homes (section 62-1843). Tenant dwellings: One unit is permitted for each five acres of land under the same ownership. Tenant dwellings must be 100 feet IrUm property of difterent ownership (section 62 -1842 -5) - Sec. 62-1334.5. Agricultural rural residential, ARR. ( 1 ) Permitted uses: b. Permitted uses with conditions are as follows (see division 5, subdivision II, of this article): Power substations, telephone exchanges and transmission facilities. Preexisting use- Rcso_rt dwcllingss Temporary living quarters during construction of a residence. Sec. 62-1335. Rural estate use, REU. ( 1) Permitted uses. b. Permitted uses with conditions are as follows (see division 5, subdivision II, of this article): Power substations, telephone exchanges and transmission facilities. Preexisting use. Private parks and playgrounds. Resort dwellings Temporary living quarters during construction of a residence - Sec. 62-1336. Rural residential, RR -1. (1) Permitted uses. b. Permitted uses with conditions are as follows (see division 5, subdivision II, of this article): Power substations, telephone exchanges and transmission facilities. Preexisting use. Private parks and playgrounds. Resort dwellings Temporary living quarters during construction of a residence. Sec. 62-1337. Suburban estate residential use, SEU. ( 1 ) Permitted uses. b. Permitted uses with conditions are as follows (see division 5, subdivision II, of this article). Preexisting use. Power substations, telephone exchanges and transmission facilities. Private parks and playgrounds - Resort dwellings I emporary living quarters during construction of a residence. Sec. 62-1338. Suburban residential, SR. (1) Permitted uses - b. Pei mitIed uses with conditions are as follows (see division 5, subdivision II, of this article): Preexisting use. Power substations, telephone exchanges and transmission facilities. Resort dwellings Temporary living quarters during construction of a residence. RcSort Dwellings May 19, 2005 Page 3 Sec. 62-1339. Estate use residential, EU, EU -1 and EU -2. (1 ) Permitted uses. b. Permitted uses with conditions are as follows (see division 5, subdivision II; of this article) Preexisting use. Power substations, telephone exchanges and transmission facilities. Private parks and playgrounds. Resort dwellings Temporary living quarters during construction of a residence. Sec. 62-1340. Single-family residential, RU -1-13 and RU -1-11. ( 1) Permitted uses. b. Permitted uses with conditions are as follows (see division 5, subdivision II, of this article). Power subslalions, lelephone exchanges and transmission facilities. Preexisting use. Private parks and playgrounds. Resort dwellings Temporary living quarters during construction of a residence. Sec. 62-1341. Single-family residential, RU -1-9. ( 1) Permitted uses. b. Permitted -uses wifh conditions are as follows (see division 5, subdivision II, of this article): Power substations, telephone exchanges and transmission facilities. Preexisting use. Private parks and playgrounds. Resort dwellings Temporary living quarters during construction of a residence. Sec. 62-1342. Single-family residential, RU -1-7. (1 ) Permitted uses. b. Permitted uses with conditions are as follows (see division 5, subdivision II, of this article): Power substations, telephone exchanges and transmission facilities. Preexisting use. Private parks and playgrounds. Resort dwellings Temporary living quarters during construction of a residence. Sec. 62-1443. RUQ --Permitted uses. {b} Permitted uses with conditions are as follows: Power substations, telephone exchanges and transmission facilities. Preexisting use. Resort dwellings Sec. 62-1463. RPUd--Rezoning and permitted uses. {e} Permitted uses with conditions are as follows (1) Power substations, telephone exchanges and transmission facilities. (2) Preexisting use(s)- (3) Resort dwellings Resort Dwellings May 19. 2005 Pa£e 4 SECTION 3. Chapter 62, Article VI, Code of Ordinances of Brevard County, Florida, Sections 62-1343(1 )(a), 1344(l)(a), 1371(1 )(a), 1372(1)(a), 1373(1 )(a), 1481(1)(a), 1482(1)(b), 1483(# )(b), 1511(1)(a), and 1512(1)(a), are hereby amended to add "Resort dwellings" to each classification's list of "permitted uses" as follows: Sec. 62-1343. Single-family attached residential, RA -2.4, RA -2-6, RA -2-8 and RA -2-10. (1) Permitted uses. a. Permitted uses are as follows. Single-family attached residential dwellings. Single-farnily detached residential dwellings. Parks and public recreational facilities. Private golf courses. Foster homes. Group homes, level f, subject to the requirements set forth in section 62 -1835 -9 - Resort dwellings Sewer lift stations. Sec. 62-1344. Residential -professional, RID. (1) Permitted uses. a. Permitted uses are as follows: Single-family detached dwelling units. Single-family attached dwelling units. in accordance with the requirements of the single- family attached zoning classifications. Multiple -family dwelling units. Professional offices. Foster homes. Group homes, level I, subject to the requirements set forth in section 62 -1835 -9 - Parks and public recreational facilities. Resort dwellings Sec. 62-1371. Low-density multiple -family residential, RU -2-4, RU -2-6 and RU -2-8. (1) Permitted uses. a. Permitted uses are as follows: Multifamily residential dwellings. Duplexes. Single-family attached dwellings, in accordance with the develop1rier1t standards in the single-family attached residential zoning classifications. Single family dwellings up to the allowable density limitation of the zoning classification. For the purposes of setback and spacing requirements, such single family dwellings shall be considered principal buildings. Additional multiple -family dwellings are permitted on the parcel if all units cornply wilh the density limits. Parks and public recreational facilities. Private golf courses. Faster hamcs. Group homes, levels I and ll, subject to the requirements set forth in section 62-1835.9. Resort dwellings Sewer lift stations. Sec. 62-1372. Medium -density multiple -family residential, RU -2-10, RU -2-12 and RU -2-15. (1 ) Permitted uses. a. Permitted uses are as follows: Multifamily dwellings. Resor( 1)welling5 play 19, 2005 Pagc 5 Duplexes. Resort dwellings Single-family attached dwellings, in accordance with the development standards in [lie single-family attached residential /_oning classifications. Single family dwellings up to the allowable density limitation of the toning classification. For the purposes of setback and spacing requirements, such single family dwellings shall be considered principal buildings. Additional multiple -family dwellings are permitted on the parcel if all units comply with the density limits. Parks and public recreational facilities. Private golf courses. Foster homes. Group homes, levels I and II, subject to the requirements set forth in -section 62-1835.9. Sewer lift stations. Sec. 62.1373. High-density multiple -family residential, RU -2-34. ( 1 ) Permitted uses. Permitted uses arc as follows: Multiple -family dwellings. Duplexes. Resort dwellings Single-family atlached dwelling units subject to the development and site plan standards set forth in the single family attached zoning classifications. Single family dwellings up to the allowable density limitation of the zoning classification. For the purposes of setback and spacing requirements, such single family dwellings shall be considered principal buildings. Additional multiple -family dwellings are permitted on the parcel if all units comply with the density limits. A restaurant and those commercial uses permitted in the restricted neighborhood commercial zoning classification (13U -1-A) are permitted in this zoning classification in conjunction with and accessory to a multiple -family residential building which has a minimum of 90 residential units. Such permitted restaurant and commercial uses are limited to ten percent of the total floor area and are intended as restaurant and commercial uses to serve residents of the building in which the use is located or other buildings on the same parcel of property. Such permitted restaurant and commercial uses are permitted on the first or ground floor only. Foster homes. Group homes, levels I and II, subject to the requirements set forth in section 62-1835.9. Parks and public recreational facilities. Sec. 62-1481. Restricted neighborhood retail commercial, 6U -1-A. (1) Permitted uses. The following uses, or other uses of similar nature that are compatible with the character of the uses specifically set forth in this subsection, are permitted. All business uses and all materials and products shall be confined within substantial buildings completely enclosed with walls and a roof. Administrative, executive and editorial offices. Antique shops. Art goods and bric-a-brac shops. Artists' studios. Bakery sales, with baking permitted on the premises. Banks and financial institutions. Barbershops and beauty parlors. Bookstores. Ceramics and pottery; finishing and sales only; no production or firing. Commercial schools offering instruction in dramatic, musical or other cultural activity. Computer sales, service and repair. Re.sart Dwellings May 19, 2[]45 Puge 6 Confectionery and ice cream stores - Contractor's offices-, general contractor's administrative offices only, no outside storage or storage in open vehicles. Curia shops. Dental clinics. Dog and pet beauty parlors, with no outside kennels or runs. Drug and sundry stores. Florist shops - Foster homes. Gift shops. Group homes, levels I and II. subject to the requirements set forth in -section 62-1835.9. Hat cleaning and blocking. Hobby shops. Interior decorating and draperies. Jewelry stores - Learning centers. Leather goods stores - Luggage shops. Mail order offices. Medical buildings and clinics. Mcssenger offices. Millinery stores - Music shops. Newsstands. Optical stores. Paint and wallpaper stores - Parks and public recreational facilities - Photographic studios. Professional offices - Resort dwellincis Shoe repair shops - Shoe stares. Single-family residence. Soft drink stands. Souvenir stores. Stationery stores - Tailor shops. Tea rooms. Tobacco stores. Wearing apparel starts. Sec. 62-1482. General retail commercial, BU -1 { 1 } Permitted uses - b. 1 he following uses, or other uses of a similar nature compatible with the character of the uses specifically described in this subsection, are permitted, and shall be limited to retail only: Administrative, executive and editorial offices - Antique shops. Aquariums. Art goods and bric-a-brac shops. Artists' studios. Re5urt Dwellings May 19. 2005 Page. 7 Auditoriums. Automobile hire. Automobile parts, it confined within a structure. Automobile repairs, minor (as defined in Section 62 -1102) - Automobile sales and storage, provided sales are from a permanent structure and the storage area meets the requirements of article VIII of this chapter, pertaining to SIIe plans, and article XIII, division 2. of this chapter, pertaining to landscaping. Automobile lires and mufflers (new), sales and service. Automobile washing. Bail and tackle shop. Bakery sales, with baking permitted on the premises. Banks and financial institutions. Barbershops and beauty parlors. Bed and breakfast inn. Bicycle sales and service. Billiard rooms and electronic game arcades (soundproofed). Bookstores. Bowling alleys (soundproofed). Cafeterias. Ceramics and pottery; finishing and sales; no production or firing except accessory to on site sales only. Civic, philanthropic or fraternal organizations. Coin laundramats. Colleges and universities. Commercial schools offering instruction in dramatic, musical or other cultural activity, including martial arts. Confectionery and ice cream stores. Conservatories. Contractors' offices, with no outside storage. Convenience stores, with or without gasoline sales. Curio shops. Dancing halls and academies (soundproofed). Child or adult day care centers. Display and sales roams. Dog and pet hospitals and beauty parlors, with no outside kennels or runs. Drug and sundry stores. Dyeing and carpet cleaning. Electrical appliance and lighting fixtures. Employment agencies. Fraternities and sororities. Florist shops. Foster homes. Fruit stores (packing on premises). Funeral homes and mortuaries. Furniture stares. Furriers. Gift snaps. Grocery stores. Group homes, levels I and It. subject to the requirements set forth in section 62-11335.9. Hardware stores. Hat cleaning and blocking. Resoit f finings May 19, 2005 Page H Hobby shops. Hospitals . Interior decorating, coslurning and draperies. Jewelry stores. Laboratories. Laundries. Lawn mower sales. Leather good stores. Luggage shops. Mail order offices. Meat, tish and seafood markets. Medical buildings and clinics, and dental clinics. Messenger offices. Millinery stores. Motorcycle sales and service. Music, radio and television shops and repairs. Newsstands. Nursing homes. Optical stores. Paint and wallpaper stores. Parkifig lots {commercial}. Parks and public recreational facilities. Pawnshops. Pet shops, with property enclosed to prevent any noxious odors. Photograph studios and galleries. Plant nurseries (no outside bulk storage of mulch, topsoil, etc.). Post offices. Printing services. Professional offices and office buildings. Resort dwellings Restaurants. Sale of alcoholic beverage, package only. Schools for business training. Schools, private or parochial. Shoe repair shops. .Shoe stores. Single-family residence. Soft drink stands. Souvenir stores. Stationery stores and bookstores. Tailor shops. Tearooms. Telephone and telegraph stations and exchanges. Television and broadcasting stations, including studios, transmitting stations and towers and other incidental uses usually pertaining to such stations. Theaters, but no drive -ins - Ticket offices and waiting roulris for common carriers. I obacco stores. Upholstery shops. Wearing apparel stores. Resort Dwellings May 19, 2005 Page 9 Worship, places of. Sec. 62-1483. Retail, warehousing and wholesale commercial, BU -2. (1) Permitted uses b. All uses listed below, or other uses of a similar nature compatible with the character of uses described herein: Administrative, executive and editorial offices. Antique shops. Aquariums. Art goods and bric-a-brac shops. Artists' studios. Auditoriums. Automobile hire. Automobile repairs, minor and major, as defined in Section 62-1102 (also see Section 62- 1 B37.6). Automobile washing. Bait and tackle shop. Bakery sales, with baking permitted on the premises. Banks and financial institutions. Barbershops and beauty parlors. Bicycle sales and service. Billiard rooms and electronic arcades (soundproofed). Bookstores. Bottling beverages. Bowling alleys (sowidproofed). Cafeterias. Ceramics and pottery; finishing and sales, including production and firing. Child or adult day care centers. Civic, philanthropic or fraternal organizations. Colleges and universities. Commercial schools offering instruction in dramatic, musical or other cultural activity, including martial arts. Confectionery and ice cream stores. Conservatories. Convonicnce stores, with or without gasoline sales. Curio shops. Dancing halls and academies (soundproofed). Display and sales rooms. Dog and pet hospitals and beauty parlors. Drug and sundry stores. Dry cleaning and laundry pickup stations. Dry cleaning plants. Dyeing and carpet cleaning. Electrical appliance and lighting fixtures. Employment agencies. Feed and hay for animals and stock. Fertilizer stores. Florist shops. Foster homes. Fraternities and sororities. Fruit stores (packing on premises). Resort Dwellings May 19, 2005 Page 10 Funeral homes and morluaries. Furniture stores. Furriers. Gift shops. Glass installation. Grocery stores. Group homes, levels I and li, subject to the requirements set forth in section 62-1835.9. Hardware stores. Hat cleaning and blocking. Hobby shops. I iospitals . Ice plants. Interior decorating, costuming and draperies. .jewelry stores. Kindergartens. Laboratories. Laundries. Lawn mower sales. Leather good stores. Luggage shops. Mail order offices. Meat markets. Medical buildings and clinics, and dental clinics. Messenger offices. Millinery stores. Music, radio and television shops and repairs. Newsstands. Nursing horses. Optical stores. Paint and body shops. Paint and wallpaper stores. Parking lots (commercial). Parks and public recreational facilities. Pawnshops. Pet kennels. Pet shops, with property enclosed to prevent any noxious odors. Photograph galleries. Photographic studios. Plant nurseries. Plumbing and electrical shops. Post offices. Printing services. Professional offices and office buildings. Resort dwellings Restaurants. Sale of alcoholic beverages, package only. Schools for business training. Schools, private or parochial. Seafood processing plants not located within 300 feet of any residential zone boundary. Sharpening and grinding shops. Resort Dwellings A4ay 19, 2005 Page 11 Ship chandlery. Shoe repair shops. Shoe steres. Single-family residence. Soft drink stands. Souvenir stores. Stationery stores and bookstores. Tailor shops. Tearooms. Telephone and telegraph stations and exchanges. I elevision and broadcasting stations, including studios, transmitting stations and towers, power plants and other incidental uses usually pertaining to such stations. Testing laboratories. Theaters, but no drive-ins. Ticket offices and waiting rooms for common carriers. Tobacco stores. Upholstery shops. Wearing apparel stores. Welding repairs (except metal fabrication). Wholesale salesroam and storage rooms. Worship, places of. Sec. 62-1511. General tourist commercial, TU -1 ( 1) Permitted uses. a. Permitted uses are as follows: Art galleries, libraries and museums. Civic, philanthropic or fraternal organizations. Hotels and motels. Parks and public recreational facilities. Ruqrt dwellin[ts Restaurants. Sale of alcoholic beverages, package only. Single-family residence. Sec. 62-1512. Transient tourist commercial, TU -2. 0 ) Permitted uses a. Permitted uses are as follows: Art galleries, libraries and museums. Civic, philanthropic or fraternal organizations. Hotels and motels. Parks and public recreational facilities. Resort dwellings Restaurants. Retail centers. Sale of alcoholic beverages, package only. Single-family residence. Resort Dwellings May 19, 2005 Page 12 SECTION 4 Chapter 82, Article VI, Section 62-1841.5.5 Code of Ordinances of Brevard County, Florida, is hereby created to read as follows: Section ,62-1841.5.5. Resort dwellings. Where a, resort dwelling is listed as a permitted use with conditions in certain residential zoning classifications, it must meel the following qualifying conditions: 1. Location Standards - Resort dwellings shall be restricted to parcels that are: a. developed with_a nonconforming, multi -family residential use, or b, located within a multifamily tract in a PfJ❑ or RPUD or located in a single family tract if submitted as part,of a preliminary development plan, application and approved by the, Board of County Commissioners in public hearing. 2. Performance Standards — All resort dwellings qualifying under this „section, except where the owner lives on site and holds a homestead exemption, shall meet the following performance standards. These oorformance standards shall be included in therental agreement and conspicuously posted inside the unit. a. Parkina. For single family resort dwellings, there shall be at least one dost nated and available off-street parking space for each bedroom in the residence. Occupants shall not park their vehicles on the street. b. Maximum occupancy. The number of persons occupying the resort dwelling at any given time shall not exceed the number of rooms in the residence as established by a submitted tloor Ian. The maximum occupancy of the structure shall be established by the Punning and Zoning Office at the time of occupational license review. c. Excessive or late noise. Noise _emanating from the resort dwelling shall not disturb the peace and quiet of the n eig hborhood in which the residence is located. Any_noise whose measurement exceeds the ambient noise level of the neighborhood is considered excessive noise after 7:00 AM and before 10:00 PM. Any noise emanating from the resort dwelling which is discernable at the property line of a. complainant is excessive noise after 10:40 PM and before 7:00 AM. ' d. Local management. Each resort dwelling shall have a designated local ,manager. The local manager shall be a permanent resident of Brevard County and shall be available 24 hours a day. 7 days a week, to address neighborhood complaints. The local manager's name and telephone number shall be registered with the Planning & Zoning Office and shall be posted on the ProQerty in a manner visible from the street. e. Manager's responsibility, The local manager is responsible for assuring compliance with the performance standards in this section. The local manager shall satisfactorily „address complaints by concerned residents of violations of the erformancc standards 2.a. 2.b. and 2.c. in this section within one hour of recei t of the complaint. f. Penalty- In addition to the penalties enumerated in Cha ter 2 Article VI division 2 of the Brevard County Codc, the code enforcement special magistrate may suspend or revoke the resort dwelling's occupational license under the following conditions: If the special ma istrate finds a violation or recurring violation of this Section the si2eciaJ magistrate may suspend the resort dwellings occupational license for a period of not more than thirty 30 da s and if the special magistrate finds a repeat violation of this section or a violation of a suspension_ order, the special magistrate maV revoke the resort dwelling's occupational license. Revoked licenses may not be reissued fora period of one year from the date of revocation. Additionally,the County may enforce this section by an other means provided by law. Resort Dwellings May 19, 2005 t uge 13 SECTION 5. Chapter 62, Article VI, Section 62-1191, Code of Ordinances of Brevard County, Florida, is hereby created to read as follows: Section 62-1191... Amortization of Pre-existing Resort Dwellings. 1. Notwithstanding other provisions of Subdivision II. pre-existing resort. dwellings shall cease operating as resort dwellings within six months from the effective date of this ordinance. and shall thereafter be used in a manner consistont with the zoning classification applicable Eo the prooerty where the resort dwelling is located. Pre-existing_ resort dwellings for the.nurpose of this section are those resort dwellings that have an active State of Florida permit or license for a resort dwelling from tho Dogartment of Business and Professional Regulation (DRPR) which was issued prior to the effective date of this ordinaricer or which paid state sales taxes for a transient rental prior to the effective date of this ordinance. Uses that claim to be pre-existing resort dwellings shall qualify by providing a copy, of their current DBPR„permit or license or roof of paid state sales tax Qrior to the Planning & Zoning Office prior to issuance of an occupational license by Brevard County. 2. Aooeal Process. a. Owners of pre-existing resort dwellings who cannot reasonably recover their allowable unrecoverable costs within six months after the enactment of the ordinance ma file_an appeaE to a special magistrate appointed by the Board of County Commissioners on the grounds that the six-month amortization period is insufficient with res ect to an individual resort dwellin . Such appeal shall be filed within ninety 90 days from the effective date of this ordinance with tho Planning & Zoning Office. b. The amortization period is to be determined bv the foiiowin formula: Allowable unrecoverable costs divided by annual resort dwelling income equals the number of amortizationyears or fraction thereof. c. The presumed value for allowable unrecoverable costs is $6,000. The presurned value for estimated annual income is $12 Q!W The resulting amortization period would ,b„g p_5 ears or six months. In any a eaf the property owner has the burden of proof b preponderano of the evidence that the presumed values for allowable unrecoverable costs and estimated annual_ income_ are not reasonable „as applied to an individual resort dwelling. d. Allowable unrecoverable costs means thoso costs that are specifically related to managing a resort dwelling. Allowable unrecoverable_ costs must be costs_ incurred for the sole use in the resort dwelling- Such cost include but are not limited o: costs associated with state licensure (safety, signs, fire extinguishers, etc.): kitchenware {silverware, pots, pans, dishes, etc): linens and bedding tablecloths sheetspillows. etc and furniture beds couches, chairs etc). Such costs must have accrued within five years before the effective date of this ordinance. Additionally,_ such costs must be depreciated twenty percent (20%) per year. ee. _Allowable unrecoverable costs does not mean costs Ihat add value to the ro ert despite its use. Such ineligible costs include but are not limited to: roofing repairs; landscaping, including_ paying_; pools hot tubs and Lcu771s, room expansions: remodeling: and air conditioning systems - f, stems.f. Annual resort dwelling income means the income received from rents of the resort dwelling minus expenses incurred solely for operation of the resort dwelling. Ex0onscs for operating_ the resort dwelling includo but not limited to: mortgage interest for actual rental periods: commission to a rental agent; utilities, ardinary maintenance not ma'or repair): an clearing services. Expenses not directly related to thea eration of the resort dwelling such as mortgage interest for non -rental periods arc not to be included in the calculation of resort dwelling income. g. In deterr-iininr the arnorti7ation periodr the s ecial mai trate shall consider any bona fide contracts enter into before the onaetment of the ordinance for vialalion with the Rre ort Dwellings Muy 19, 20105 Page 14 Im Pairment of Contracts Clause Article ! Section 10 of the Flarida Constitution and adoustthe amortization period accordingly up to an additional six months. SECTION 6. Conflicting Provisions. In the case of a direct conflict between any provision of this ordinance and a portion or provision of any other appropriate federal, state or county law, rule code or regulation, the more restrictive shall apply. SECTION 7. Severability. If any provision of this ordinance or the application thereof to any person or circumstance is held invalid, the invalidity shall not affect other provisions or applications of the ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this ordinance are declared severable. SECTION 8. Area Encompassed. This ordinance shall take effect only in the unincorporated area of Brevard County, Florida. SECTION 9. Effective Date. A certified copy of the ordinance shall be filed with the Office of the Secretary of State, State of Florida within ten days of enactment. This ordinance shall take effect upon adoption and filing as required by law. SECTION 10. Inclusion in Code. It is the intention of the Board of County Commissioners that the provisions of this ordinance shall become and be made a part of the Brevard County Code, and that the sections of this ordinance may be renumbered or relettered and that the word "ordinance" may be changed to "section", "article", or such other appropriate word or phrase in order to accomplish such intentions. Resort Dwellings May 19, 2005 Pagc 15 DONE, ORDERED AND ADOPTED, in regular session, this 191�' day of May, 2005. Attest: BOARD OF COUNTY COMMISSIONERS OF BREVARD COUNTY, FLORIDA Scott Ellis, Clerk Ron Pritchard, D.P.A., Chairman Its approved by the Board on May 19, 2005. {SEAL} Resort Dwellings May 19, 2005 Page 16 C&"LVw'k- L�z_ I .. �- nG -�-Xo ��- BREVARD COUNTY ECONOMIC ANALYSIS OF RESIDENTIAL REZONING DRAFT REPORT Prcpared BY: Tindale -Oliver & Associates, Inc, Deborah Halliday White & Smith, LLC Tampa, Florida May 2005 03605.05 I�I�ai111I11f�'' �lllCl Ell�,'7ilCCi-lllg May 16, 2005 Ms. Terri Jones Assistant County Attorney Brevard County 2725 .fudge Fran Jarnieson Way, Bldg C Viera, Florida 32940 --- E: - Brevar aunty Eco—no rriic and -)legal -Analysis of I�id—en t-iaJ Rezoning -- Dear Ms, Jones: Enclosed is the Draft Report for Brcvard County Economic and Legal Analysis of Residential Rezoning. We will finalize our report upon completion of your review. Meanwhile, if you should have any questions concerning the Draft Report, please do not hesitate to contact me or NiIgUn Kamp. Sincerely, Tindale -Oliver and Associates, Inc, Robert P. Wallace, P,E., AICP Vice President Enclosure I 000 North Ashl" Drive 5V11e 100 Tampa, Florida 131J62-311 91A17j 224-8882 faa i616i 2P.6-710$ - 36,67 N.aauire 60.1,,-d Svile 103 Orlando, Florida 7-21503.][+591 07] 596-9209 Fax NVC 686-9260 _ Table of Contents BREVARD COUNTY ECONOMIC ANALYSIS OF RESII)l+',NT.IAL REZONING DRAFT REPORT Introduction Initial Findings EconomicModel........................................................................................................ 3 Summary and Conclusions......................................................... 6 Appendix A — Legal Analysis 0 _BR_ EVAR❑ COUNTY ECONOMIC ANALYSIS OF RESIDENTIAL REZONING Introduction Brevard County has proposed an ordinance that would restrict "resort dwellings" to certain zoning districts, and in some cases, pursuant to conditional zoning. Civcn that this action may result in an economic impact for some property owners, the County retained Tindale -Oliver and Associates (TOA) Tearn to prepare: an economic analysis to determine the appropriate period to sunset existing short-term rental properties. The following economic impact analysis is based an the prevailing case law (see ccornpanyin legal meni-o°ia AppendirArexistirig air 0111zatian of the inves men iia -de by non -conforming uses, and current housing market conditions to determine the sunset period. The study approach included an attempt to survey current owners of the short-term rental properties to incorporate data specific to affected properties; however, to date, the TOA Team has not receive any response from this group. As such, the study is primarily based on infor:nation and data obtained from secondary sources, Brevard County Property Appraisers' database, and property appraisers active in Brevard County. This report includes the following sections: Summary of initial findings that are used to develop the economic model; Economic model; and Legal considerations (presented in Appendix A). Initial Findings In order to understand the parameters on which the economic model should be based on, the Consultant Team researched the following issuers: ■ The effects of the ordinance on property values; • The effects of the ordinance on rental activity; and • The variables that need to be considered in the amortization of the investment mane by non -conforming uses. This section summarizes the findings of this initial research and analysis. Tindale -Oliver & As, ruciates, Inc, May 2005 Brevard County Draft Economic Analysis of Rezoning Effects nn Propertv ProperValues i-r+sea.-i eiwLr etFee — ---- - _ _ - loss in property values. This conclusion was based primarily on the fallowing: A May 2005 study by'I'uttle-Armiiuld-Wagner Appraisal & Research, Inc. compared Brevard County rental property sales with recent owner -occupied sales and concluded that there is no verifiable market trend between the sales prices of rental properties and owner -occupied properties.' This means that there is no evidcnee that properties that once were used as "resort dwellings" and now cannot be used as such will be valued any less than comparable properties that were never used as "resort dwellings." 2. Brevard County continues to enjoy a robust housing market; the housing market e..xpe.need a 2$ percent increase irlproperty v_alues.frt?m_Nor!um.ber_2003-__..-.- through December 2004.' This -in dicates that affected properties will continue to appreciate in value regardless of the ordinance, 3. The Consultant Team analyzed the housing values of 15 State -licensed "resort dwellings" purchased since 2000, Since the time of sale, theroperty values of these properties have increased by 50 percent to 230 percent. `Phis indicates that the impacted properties are thriving in the current housing market, Effects on Rental Activi The ordinance does not prevent affected properly owners ,from participating in rental activity, 1. The proposed ordinance allows property owners to rent their units "three times in a calendar year for periods of less than 60 days or 2 calendar months." 'Phis means that property owners will continue to be able to realize income from their "resort dwcliing." 2. There is an existing market for rentals that require 60 -day (or more) minimum stay, The Consultant Team analyzed the local housing rental market as advertised on the Internet, which revealed there are units that require 60 -day (or more) minimum stays which also show oeuupancy.4 This means impacted property owners will stili be able to obtain revenue from rental activity. Tuttle-Armficld-Wagner Appraisal & Research, Inc. Rezoning Study, May 2, 2005. 2 Still going up, Florida Today Editorial, p.6, January 3, 2005. Tris is further supported by the Tuttic- ArrnfieId-Wagner Appraisal & Research, Inc. Rczoning Study, which fount! a 25 pereent to 30 percent annual rate increase in housing value for Brevard County. 3 Daia accessed via wtivw.breuard ra ert a raiser.cam. Accessed March 2005, ° Data accessed via mvw.vacatinnrentals-com. Accessed March 2005. Tindale-DIiver & Associates, Inc. May 2005 Brevard County Draft Fct�nornic Analysis of Rezoning Variables in the Amortization of Non -Conforming Uses rental expenses that cannot be recovered as a result of the ordinance. More specifically, 1. Existing case law and planning practice indicate that amortization periods be determined based on the length of time it would taketo recoup the costs that no longer have value as a result of the zoning change .5 This means that the only costs the County needs to consider in determining the sunset period are those investments that are deemed useless as a result of the ordinance. 2. The Internal Revenue Service assigns a depreciation schedule of five years for personal property used in rental real estate businesses.6 This means that allowable costs will have had to have been paid for no earlier than 2000. Otherwise, the value of the improvement will be considered fully depreciated and have no remaining value. I Allowable costs are limited to those that are specifically related to managing a "resort dwelling" and are now deemed useless as a result of the ordinance. For example, a property owner may have replaced the roof of "resort dwelling." While this repair may have been necessary to continue rental activity, the improved roof continues providing a value to the property owner after the implementation of the ordinance, and is therefore not an unrecoverable, allowable expense to be considered in dcterrnining the sunset period. A more detailed list of unrecoverable costs is provided in the next section of this report. Economic Mode! As stated previously, an amortization period is based on identifying investments that have no longer value as a result of the ordinance, and then calculating tho time period necessary to recoup the investment of those unrecoverable costs, Because the County is continuing to allow limited rental activity "three times in a calendar year for periods of less than 60 days or 2 calendar months," there will still be future opportunity for property owners to benufa from the improvements they have made to their properties. While the law would support an aggressive policy of terminating non -conforming uses with minimal time extension (see accompanying legal memo in Appendix A), amortization schedules are based not only on the requirements of the law, but also on elements of equity and fairness. For this reason, the following methodology was developed, which included the following steps: 5 See accompanying Iegal memo in Appendix A; also Col fins, Margaret. Methods ofDetermining Amortization Periods fnr Non -Conforming Uses. 3 Wash. U.J.L. & Pol'y, 215 (2000). 5 See Internal Revenue 5e] -Vice Publication 925. Tindale -Oliver & Associates, Inc. May 2005 Brevard County Draft Economic Analysis of Rezoning Step t: Determine the allowable, unrecoverable costs Step z.: Ikyclop ai-lnctliorl.ology_fo.r..e.stimating annual -resort dwelling.inco.me _W...._.__ riser r�tst(ia�iadr _ - .... resort dwelling income) Step_ I:_ Determine the allowable, unrecoverable costs As mentioned previously, allowable costs for consideration are those that are rendered useless as a result of the ordinance, that occurred no earlier than 2000, and that are for the sole purpose and use of the "resort dwelling." Brevard County may wish to develop its own list of allowable costs, but the following list is provided for consideration: Ineligible costs: costs that still add ,Allowable, unrecoverable costs value tothe pr -o e Costs associated with State licenstirc_safety z —Roof repairs signs, fire extinguishers, etc. Landscaping, including paving Kitchenware; silverware, pots, pans, dishes Pools, hot tubs and Jacuzzis Linens & bedding: tablecloths, sheets, pillows Fxpansions — bedrooms, bathrooms Furniture: beds, couches, chairs Remodeling Air conditioning systems It should be noted that unrecoverable costs can be depreciated from the time of purchase, The County can determine whether or not to depreciate costs from date of purchase. All unrecoverable costs must have been paid for no earlier than 2000, and be for sale use in the "resort dwelling," Expenses rendered while property owner was in residence in what later became a "resort dwelling" should not be considered allowable, unrecoverable costs. Step 2: Develop a methodology for estimating annual resort dwelling income There is great variance in rental property rates in Brevard County. To best identify the income potential of properties that will be impacted by the ordinance, Internet research? was completed on houses that rent on a weekly basis. This research showed a range of rental rates from $500 - $3,300 per week, with variations for time of year (higher rates at the height of the beach season). Excluding the few properties that rent for more than $2,000 per week (a small number that would skew the sample) results in an average weekly rental rate of $860 to $1,125 per week. Taking a conservative approach, the Consultant Team used the lower iiumber in the range, $860 per week, to estimate annual resort income. Local property managers cited a seven-month, or 28 week, rate of occupancy to be reasonable. Multiplying $860 by 28 wceks resulted in annual revenue of $24,050. The owner of a "resnrt dwelling" might pay a percentage commission to a rental agent, and will pay for utilities, ordinary maintenance, and a cleaning service after each rental. www.vacatiotij-eiitals.com. Accessed March 2005. Tindale-Olivcr & Associates, Inc. May 2005 4 Brevard County Draft Economic Analysis of Rezoning C�' Based on an assumption that an owner keeps 50 percent of the revenue, a net profit of ,Q4P_wa"atcWated e&O-y_ear_ia-thisinstanze._�_--- Ste 3: Determined the amortization period This report outlines two approaches to determining the amortization period. Brevard County can consider each to determine which best suits the County's needs and approach. Mefhodolojry A: An across -the board one year amar[ization period, Data to determine likely unrecoverable costs in Brevard County is not available at this time, despite the Consultant Team's efforts to work with impacted property owners. Given the limited nature of unrecoverable costs, and through discussions with owners of rental properties in areas outside of Brevard County, it is unlikely that many property _ owners will have spent more than $12,000 in allowable, unrecoverable costs. Therefore, a one year amortization period should address the economic impact of the majority of affected properties. The amortization period would be determined by the following formula. Amortization period = (AlIowable unrecoverable costs) / (estimated; annual resort dwelling income). Based on this formula, as long as allowable unrecoverable cost is equal or less than $12,000, a one-year period will be sufficient to amortize these costs. A: (:5$12,000) / ($12,040) = one year amortization period This model allows property owners to honor existing lease obligations as well as recoup costs associated with "resort dwelling" activities. An appeal process should be developed, as outlined in the accompanying legal memo included in Appendix A, for those affected property managers who have evidence of substantial costs over and above $12,000. This assumes allowable depreciation and that all unrecoverable costs were paid for no earlier than 2000, and for sole use in the "resort dwelling." Methodology B: A case -by- case amortization period. Brevard County can choose to determine the amortization period on a case-by-case basis. This methodology should be used if it is detenrined that there are many circumstances in which property owners are spending more than $12,000 in allowable, unrecoverable costs, or that the estimated annual resort dwelling income is overestimated for a majority of property owners. In either situation, property owners must be able to document their circumstances. B: Amortization period = (Allowable unrecoverable costs) / (estimated annual resort dwelling income) Tindale -Oliver & Associates, Inc, May 2005 Brevard County Draft Hconornic Analysis of Rezoning This model relies on an appeal process, as outlined in the accompanying legal memo, for .-�-_ those affected proper aiianagers who have evidence of substantial costs over and above earl ief than 2000, and for sole use in the "resort dwelling." Summary and Conclusions This draft report provided a summary of economic analysis conducted to determine a legally defensible, fair and equitable sunset period for those properties being affected by the restriction imposed on short -terns rentals. Based on an analysis of Brevard County's property market, experience of other jurisdictions, and our understanding of the rental housing market, it is estimated that one year of net rental income will be sufficient to accommodate the allowable expenses for ,_,mnst-of.the. properties. The study rocummends - that -the_Coun.ty-to_cAher:_-_ (a) adopt a one-year sunset period with an established appeal process for those who may have incurred higher expenses; or (b) set-up a case-by-case amortization system, where affected parties ran demonstrate their losses and the appropriate amortization period can be calculated individually for each circumstance. Tindale-❑Iiver & Associates, Inc. May 2005 Brevard CounTv I_)ratt Economic Analysis of Rezoning C) 0Duran najnuay From: Tyson Smith, White & Smith, LLC S. MART{ WHITE, AICD 7� May i �}/�nC RArnilled eft sTlh owe�•i wed Afj,H6 Carnlma Date: May 1 1 , 2405 E . TYSQ N SMITH, AICA Re: Brevard County --Legal Issues and Parameters related to Adotiltedla-Fl,.wido Amortization of Certain Resort Dwellings Uses The purpose of this memorandum is to set forth the legal basis and authority for a focal govcrrimcrit's amortization of nonconforming uses and to offer guidance to you in the development of Brevard County's proposed amortization, in some districts, of the unlimited use of dwellings for rentals of less than sixty days. Case Background Brevard County has proposed an ordinance that would restrict "resort dwellings" to certain zoning districts, in some cases, pursuant to conditional. zoning. The proposed definition for resort dwellings is as follows: any single family dwelling or multifamily dwelling unit which is rented more than three times in a calendar year for periods of less than 60 days or 2 calendar months, whichever is less, or which is advertised or held out to the public as a place regularly rented for periods of less than 64 days or 2 calendar months, whichever is less. In one or more zoning districts, there are properties currently being rented more than three (3) times a year for periods of less than sixty (60) days or two (2) calendar months (hereinafter a "short- tenn rental"). In other words, there are "resort dwellings" in existence today even though there is no adopted definition of this land use and the use is not expressly prohibited by the teens of the County code, Lcuai Background Local governments in Florida, and nationwide, have prohibited the continuation of particular uses and structures, though lawfully established., when it is found that such prohibition is consistent with the health, safety, and welfare of the residents of the community or a neighborhood within the community. Standard Oil Co.y. City of Tallahassee, 183 F.2d 410, 413 (5th Cir, 1950). 1125 GRAND BOULEVARD Under this process, the identified use or structure is designated as SUITE 1"nonconforming" and is thereafter slated for termination at some KANSAS CITY, MO MU fi4105 TEL 81 6-221-8700 rAx 816-22i-8702 1 of 5 WWW-F'LANNiNGANDLAW.COM --- point in the future. See ,TPM Inv_Group, Inc. v. Brevard Co. Bd. of Co._ Comm., 818 So. 2d 595 (Fla. 5th DCA 2002). -_-� --.� T nic+n.Tt. �-=enmr*= fnrmin==iirnc-arp.-ul]r,■.Pr�.-fn-n . r,tin„a-i,n+if-+ow.���. � - ..1,__.�---- _ ___ property owner action; or lnactlon, or the occurrence of a natural disaster, while other nonconforinities are required to terminate within a period of time established by the governing authority. Lewis v. City of Atlantic Seaeh,467 Sn. Zd 751, 754-55 (Fla. 1st DCA 1985) ("The general rule is that nonconforming uses may be eliminated by attrition (amortization), abandonment, and acts of God as speedily as is consistent with proper safeguards and the rights of those persons affected,"). Termination by regulatory act, within a designated period of time, is most commonly referred to as "amortization," and is an accepted technique for terminating nonconforming rises. However, in order to pass muster under the law, the period of time that a nonconforming use is allowed to continue must be "reasonable" and must allow the property owner sufficient time to recoup investments made in the nonconforming use prior to the attachment- of nonconforming -status: Lamar A-dvertisirtg—A-gi-o-cy_WCiity of-Davtona Beach, 450 So. 2d 1145, 1150 (Fla. 5th DCA 1984) ("... amortization of nonconforming signs, if the period is reasonably long enough to allow the sign Owner to recoup his investment, is a valid alternative to compensation"). Where the "amortization period" is sufficient to allow the property owner sufficient time to recoup investments made in the nonconformity, thea termination of the use does not violate the property owner's constitutional rights and Goes not constitute an arbitrary Or capricious exercise of governmental authority. See Standard Oil Co., 183 F. 2.d at 413. Additionally, the amortization period must be sufficient to withstand scrutiny under Florida's Private Property Rights Protection law. See § 70.001, Fla. Stat. That law prohibits certain governmental action that would place an "inordinate burden" on real. property. See § 70.001(2), Fla. Stat. The Florida courts have had few opportunities to interpret this statute and therefore have given little guidance on the meaning and scope of this broad statutory directive. Nonetheless, the legal analysis set out here presumes that property owners affected by the rezoning should have sufficient time to recoup costs that cannot be recovered because of the rezoning and, thereby, to mitigate all or reasonably all of the econotnic impact of the; rezoning. In other words, property owners will be "left whole" by application of the recommended amortization period. Furthermore, in each zoning category affected, properties are lett with significant remaining uses, including limited short -terra rentals, seasonal rentals, annual leasing, and, of course, continued use as owner -occupied properties. Las Angeles v. Crape, 127 Cal. App. 2d 442 (1954). Legal Requirements County staff has proposed regulations that would make resort dwellings "nonconforining" in certain zoning districts. in order to ensure the equitable treatment and to protect the property rights of those offuuted by the rezoning, the County has inquired whether a reasonable amortization period is required and, if so, the appropriate duration of such a period. In order to answer this question, we must compare the current, existing, unlimited use of properties as short-term rentals to what would be allowed after the proposed rezoning. 2 cif 5 The proposed approach must recognize what is being "taken away" from the property owners ' who will be affected by the proposed ordinance... The _starting -point-for-all, - - ----- - --- --- the rezoning, properties in the County will fall into one of two general categories: They will be able to continue unlimited short-term rentals; and 2. They will be able to rent short-term three or fewer times each year. In addition, all properties in the County will be allowed to be rented for unlimited periods of sixty days or more (seasonal rentals) and for long -terra rentals (atuival rentals). Therefore, our focus is on the second category of properties, those included in a zoning district in which resort dwellings (i. e., more than 3 annual short-term rentals) are prohibited. These are hereafter referred to as "restricted properties." In the following sections I identify key parameters established by the courts to aid your _- —.-determination of=a_ reasonable =amortization =period .= for_. the =restricted - properties.. --Most_- amortization cases have to do with nonresidential structures: here we deal with residential uses. But see Lone v. Montgomery Co., 584 A. 2d 142 (Md. App. 1991). Typically, the amortization period required for the termination of a nonconforming use is much shorter than for structures particularly where significant uses remain after the rezoning --- hecause the property owner is leA with value and economic (conforming) use of the property. See Rathkopf, The Law of Planning and Zonis, sec. 74:18. The amortization period, therefore, depends on a quantification of two factors: The "unrecoverable costs"' that must be amortized prior to the termination of the nonconforming use; and 2. The amount of income the property owner receives operating the nonconforming use. The first factor determines the amount the property owner should be able to recoup and the second factor determines how long it will take for the property owner to do so. A. The "Unrecoverable Costs" that Must be Amortized Prior to the Termination of the Nonconforming Use The cases address numerous factors for measuring the economic impact of a rezoning. Some use fair market value. However, based on a recent analysis of County sales data, it appears the discontinuation of unlimited short-term rentals will not have a measurable impact on the fair market value of restricted properties. Furthermore, since the rezoning will not result in the creation of nonconforming structures, an amortization period based on fair market value is not appropriate. Other cases require that owners of restricted properties be able to recoup the capital costs incurred, prior to the rezoning, for the purpose of putting the property to a use that after the rezoning will he prohibited. See e.g., Murmur Com.,et al. v. City of Dallas, 718 S.W. 2d 790 (Tex. App. 1987); Mattoxy. Cid of Dallas, 1996 VEL 159649. This "cost 1 "Unrecoverable costs" are those investments in the nonconformuig use made prior to the rezoning, which are of little or no value after the rezoning. Las Angeles, 1.27 Cal. App. 2d 442 (1954). 3 of 5 recoupment" approach is appropriate in Brevard County's case and will ensure a reasonable period of time for amortizing nonconforming resort dwellings, "Unrecoverable" and therefore eligible for -amortization. Unrecoverable costs include those that were incurred for purposes related to the use of the property as a resort dwelling and that cannot be recovered through continued use of the property for conforming purposes (i,e,, as a seasonal rental, an annual rental, or not more than three (3) short-term rentals/year). Fos An cles 127 Cal. App. 2d 442 (1954) (disallowing, as an unrecoverable cost, the value of the premises as a conforming residential use after rezoning). Although most cases addressing eligibility of costs deal with non-residential structures, the cases consistently limit eligible costs to those capital investments that are deerned useless (or almost completely so) by the zoning change. In other words, it is investments in the nonconforming use that are recoverable during the amortization period, not ----- --- investments in the conforming- use-.- Also----- regular -• upkeep' -and --maintenance; -fools; furniture, and appliance costs that add value to the continued confonn_ing use of the property should be excluded. Based on these standards, it is expected that most costs incurred prior to the rezoning will be recoverable through the continued use of restricted properties for owner -occupancy, seasonal rentals, annual rentals, or short-term rentals three or fewer times per year. B. The Amount of Income the Property Owner Receives Operating the Nonconforming Use The "amortization period" is considered to start on the date of the rezoning and to end upon the termination of the nonconfonning use, ,See e.g., Board of Adjustment of the City of Dallas v, Winkles 832 S.W.2d 803 (1992). Principles of amortization require that owners of restricted properties be allowed to continue to use the nonconformity (here, resort dwellings) for the time it takes to recoup all costs that are not recoverable through the continued conforming use of the property. The recommended amortization period in the Brevard County case depends on the average annual profits typical for resort dwellings. If, for example, the average property owner has invested $10,000 in unrecoverable costs, the amortization period should be sufficiently long to allow property owners to recover $10,000 through the continued use of the property for unlimited sbort- term rentals. If the average resort dwelling generates $1,200/month in profit, for ten (10) months a year, then a one-year amortization period would be sufficient to recover all eligible costs. Recommendatinn and Implementation There are two ways in which the County can implement the recommended amortization period. First, it can set an amortization period on a case-by-case basis for each nonconforming resort dwelling in the County. While a case-by-case approach gives flexibility - to both the County and the property owner - it comes with a greater administrative burden. Further, if you find that average recoverable costs are either very low or of a consistent type among resort dwellings, then individual property owners likely will be subject to the same recommended amortization period, regardless of whether it is deterrnined on a case-by-case or "generally -applicable" basis. 4 of 5 " (LZ_ /- In circumstances where the properties affected by the rezoning are relatively homogenous, in terms of the types and amounts of unrecoverable costs, and where the structures-onthe-proper-ty–Temain-,conforming- erierally=aiai�lical�le abnroac�i� is= :=�_ ._.-" appropriatE. —This t-ypeat"pragrash is easter to administer and, in most cases, will allow a sufficiently long amortization period to compensate affected property owners. This type of program may work as follows, assuming, as an example, that a one (1) year amortization period is recommended. a. Restricted properties would be allowed to continue to operate as resort dwellings for one (1) year from the date of the rezoning. b. Owners of restricted properties could have a six (6) month period during which to appeal to a special hearing master on the grounds that the one-year amortization period is insufficient with respect to an individual property.2 C. _ 'i'hc County, wouldbegirk.enforc ng, the new_aoning_prov�sions one (1) year from the date of the rezoning, unless an appeal has been resolved in favor of a longer amortization period for an individual property owner. Finally, the County should make findings in support of its arnortization provisions and that illustrate the purpose and intent of its adopted approach. docJ15649WAsTv.o16 Z The recommended amortization period should be of a duration such that few if any property owners will need a longer period. Therefore, any appeal provision- should provide the specific criTeria, related to unrecoverable costs and incoine parameters, which were used in developing the recommended amortization period and that wnuld be considered on appeal. r 5of5 ORDINANCE 1234 AN ORDINANCE OF THE CITY OF COCOA BEACH, BREVARD COUNTY, FLORIDA RELATING TO THE ZONING ORDINANCE ADOPTING A DEFINITION FOR TRANSIENT LODGING ESTABLISHMENTS TO BE ADDED TO AND INCLUDED IN SECTION 2, APPENDIX A, CITY CODE; PROVIDING FOR THE REPEAL OF CERTAIN INCONSISTENT ORDINANCES AND RESOLUTIONS; PROVIDING A SEVERABILITY/ INTERPRETATION CLAUSE; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the Cocoa Beach comprehensive plan directs the protection of residential uses from the encroachment of commercial uses; and, WHEREAS, the City Commission hereby finds and declares that there are certain locations in Cocoa Beach where the motel, hotel and other transient lodging uses exist; and. WHEREAS, the City Commission hereby finds and declares that an transient lodging facilities are not defined in the Zoning Ordinance; and, WHEREAS, Chapter 163, Florida Statutes, requires that municipalities develop Land Development Regulations; and, WHEREAS, the City Commission finds that this ordinance will promote the public health, safety, welfare, economic order and public interest; and, WHEREAS, the Planning Board has reviewed this ordinance, and a public hearing was held before the Planning Board on April 3, 2000; and, WHEREAS, the City Commission and the Planning Board both find that the ordinance is consistent with the City's comprehensive pian. NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF COCOA BEACH: THAT THE CODE OF ORDINANCES, CITY OF COCOA BEACH, FLORIDA, IS HEARBY AMENDED TO READ AS FOLLOWS: SECTION 1: That the Code of Ordinances, Appendix A, City of Cocoa Beach, Florida, commonly known as the Zoning Ordinance is hereby amended by revising Section 2 by adding a new definition entitled "Transient Lodging Establishments", which said definition to read as follows: r1SHAREOI.CDMMISH%0RDINANC',0RDINANC11201-250\1234. DOC APPENDIX A — ZONING ORDINANCE Section Z. Definitions Transient Lodging Establishments. Any unit, group of units, dwelling, building, group of buildings within a single complex of buildings, or any similar Qlace whether denominated a hotel or motel room apartment, condominium unit cooperative unit, time- share unit single-famify unit or otherwise which is rented more than three 3 times in a calendar year or periods of less than thirt, (301 days or one (11 calendar month whichever is less or which is advertised or held out to the public as a place regulady regularlyrented to transients residents. 'Transient resident' means a visitor to the community who does not use the dwellin as rinci al residence who is neither pain#uU}Lemployed in the community nor a student rrentl enrolled in a school located in the community or who resides in the dwelling for less than thin 30 days or one 1 calendar month whichever is less." The following are excluded from the definition of transient lodging establishments: a Any hospital, nursing home sanitarium adult congregate living facility, or other similar care facile . b Any dormitoly or other living or sleel2ing facility maintained by a public or private school, college, or university for the use of students, fatuity, or visitors; and, c �Any condominium common elements not containing sleeping accommodations such as swimming vols club houses tennis courts or similar elements: tgGfi el Ordinance 1234 HQvision Date: D6102100 -2- [Blue text: Changes on 4121100 per City Attorney] [Violet text. Changes on 5118/00 per commission during first public hearing. Old sub -paragraph (f) was also deleted on this date] SECTION 2: Severibility/ Interpretation Clause (a) if any section, subsection, sentence, clause, phrase of this ordinance, or the particular application thereof shall be held invalid by any court, administrative agency, or other body with appropriate jurisdiction, the remaining section, subsection, sentences, clauses, or phrases under application shall not be affected thereby. (b) In interpreting the body of Sections 1 of this Ordinance, the following rules of interpretation shall be utilized: (1) Terms underlined are additions to existing text. (2) Terms str+rken theuo are deletions from existing text. SECTION 3: Effective Date: This ordinance shall become in full force and effect upon adoption in accordance with the Charter of the City of Cocoa Beach, Florida. ADOPTED at a regular meeting of the City Commission of the City of Cocoa Beach, Florida, held on the 1 st day of June 2000. 'jjn)ie22%��cott, Mayor -Commissioner ATTEST: Loredana Kalaghchy, , City Clerk tr First Reading: 4/6/00 Date Posted: 4/6/00 Date Published 4/6/00 2nd Reading: 5/16/00 3rd Heading: 6/1/04 Ordinance 1234 Revision Date: 06102J00 - 3 - ARTICLE I1. DEFINITIONS page 1 of 1 214. Transient lodging establishments, Any unit, group of units, dwelling, building, group of buildings within a single complex of buildings, or any similar place whether denominated a hotel or mote} room, apartment, Condominium unit, cooperative unit, time-share unit, single-family unit, or otherwise which is rented more than three (3) times in a calendar year for periods of less than thirty (30) days or one (1) calendar month, whichever is less, or which is advertised or held out to the public as a place regularly rented to transient residents. "Transient resident" means a visitor to the community who does not use the dwelling as principal residence, who is neither gainfully employed in the community nor a student currently enrolled in a school located in the community or who resides in the dwelling For less than thirty (30) days or one (1) calendar month, whichever is less. It does not include any hospital, nursing home, sanitarium, adult congregate living Facility, or other similar care facility; or any dormitory or other living or sleeping facility maintained by a public or private school, college, or university for the use of students, faculty, or visitors; and, any condominium common elements not containing sleeping accommodations such as swimming pools, club houses, tennis courts or similar elements. http:lllibrary2.municode.comlgateway.dIIIFLlfloridal4l 8C 1141875141877'?f=teinl)lates$ln... 09/19/2005 ARTTCI.E II1. ESTABLISHMENT OF STANDARD DISTRICTS Page l of 3 Section 3-09. CT -1 oceanfront residential and transient district. A. Scope. The regulations contained within this section shall apply to all CT -1 districts and may be permitted in the high density residential and tourist designation of the future land use map in the Cocoa Beach Comprehensive Plan. B. Purpose. This district is intended to provide for multifamily permanent -residence structures on or near the city's ocean frontage, and to provide, transient lodging accommodations and essential services for the city's transient population. C. Permitted principal uses and structures. This shall be: 1. Multiple -family dwellings. 2. Transient lodging facilities. 3. Restaurants, bars and lounges freestanding or incorporated in a transient lodging facility, excluding drive-ins. 4. Travel and car : ` agencies. 5. Churches and similar places of worship with their attendant educational buildings and recreational facilities, if located on a major street or thoroughfare. 0. Professional office building existing at the time of adoption of these regulations. 7. Minor public utility structures owned, operated, franchised or supervised by the city. $. Architecturally integrated subdivisions. D. Permitted ancillary and accessory uses and structures. This shall be the uses and structures which: 1. Are customarily accessory and clearly incidental and subordinate to permitted principal uses and structures (i.e., sheds, docks and garages). 2. The following accessory uses, when customarily accessory and clearly subordinate to an apartment, multifamily, or transient lodging structure or complex of fifty (50) or more dwelling or =x = units, or an office building, are permitted provided they are located within the structure and together do not exceed twenty (20) percent of the gross floor area of structure. Such uses may include: a. Bar and lounges. b. Restaurants. c. Travel and car;zx;,i agencies. d. Retail and personal service shops. e. Management office for a multifamily or transient lodging facility use on the subject property. f. Meeting roams and banquet Facilities for a transient lodging facility on the subject property. g. Indoor/outdoor recreation facilities for the exclusive use of the tenants of the multifamily use or transient lodging facility guests of the subject property. h. Outdoor poolside food and beverage service for the convenience of http://I1brary2.munWode.coni/gateway.dIIII Wtloricla/41861 MI 578!41881 ?f—tempIates$fn=... 09119/2005 ARTICLE 111. ESTABLISHMENT OF STANDARD DISTRICTS Page 2 of 3 and exclusive use by the registered transient lodging facility guests of the property. 3. Are located on the same parcel as the principal use or structure. 4. Home occupations are permitted in accordance with section 4-78 of these regulations. 5. Any uses claimed as accessory which exceed the allowances of paragraph D.2 above shall not be considered accessory uses and must meet all district requirements applied to principal uses and structures. As a principal use, the land area utilized for such purposes cannot be credited toward density allowances except as provided in section 3-091.3. E. Special exceptions. After public notice and hearing and subject to appropriate conditions and safeguards, the board of adjustment may permit the following as special exceptions: 1. Professional, financial and office services which are clearly in harmony with the purpose of the district, enhance its convenience for residents and transients, and are not adequately provided in neighboring general -commercial and professional districts. 2. Public and private schools offering a general education curriculum. 3. Existing professional office buildings. 4. Existing multifamily developments that exceed ten (10) units per acre. 5. Existing transient lodging developments that exceed twenty-eight (28) units per acre. 8. Existing single-family dwellings and duplex units. 7. The following accessory uses, when customarily accessory and subordinate to an apartment, multifamily, or transient lodging structure or complex of less than fifty (50) dwelling or x ma Units, and/or when such accessory uses are free standing or not located within the structures), provided the area of such accessory uses do not exceed twenty (20) percent of the gross floor area of the structure(s) on the property: a. Bar and lounges. b. Restaurants. c. Travel and Gar ? , agencies. d. Retail and personal service shops. e. Management office for a multifamily or transient lodging facility use on the subject property. f. Meeting rooms and banquet facilities for a transient lodging facility on the subject property. g. Indoor/ outdoor recreation facilities for the exclusive use of the tenants of the multifamily use or transient lodging facility guests of the subject property. h. Outdoor poolside food and beverage service for the convenience of and exclusive use by the registered transient lodging facility guests of the property. F. Prohibited uses and structures. This shall be any uses not listed as permitted or littl)://Ilbraiy2.tiniriieude..com/gateway.dll/fl!flnrida/41861/41878/41581?1' templateWn—... 09l19l2005 ARTICLE III. ESTABLISHMENT OF STANDARD DISTRICTS Page 3 of 3 allowed by special exception and specifically:���s `7 1. Industrial uses and structures. 2. Facilities and services which create through objectionable noise, air pollution, obnoxious odors, or other annoyances are considered incompatible and not in keeping with the residential and family-oriented tourist -amenity intent of the district. 3. Wholesale and retail sale of fireworks. G. Minimum off-street parking requirements. See Chapter IV, Article III of these regulations. H. Limitations on signs. See Chapter VI of these regulations. I. Sidewalks. This shall be installed in accordance with the previsions of section 4-32 of these regulations. J. Density, 1. Transient lodging facilities: Twenty-eight (28) units per acre. 2. Multifamily dwellings: Ten (10) dwelling units per acre 3. Once a lot, tract, parcel of land, or portion thereof has been utilized for the purposes of computing density for residential, transient lodging facility occupancy and said residential, transient lodging facility project has been approved for andlor constructed with the maximum number of units permitted under density allowances, no subdivision or use of that land or construction of any type will be permitted thereon, except the permitted accessory uses for the residential or transient lodging development on said land. 4. Non-residential uses. Building coverage not to exceed thirty-five (35) percent and floor area ratio (FAR) not to exceed 2.5. Non-residential uses that are accessory to residential uses must meet the accessory use requirements set forth above. A reduction in residential density may be credited to non-residential uses as follows: One (1) residential dwelling unit per acre may be converted to an equivalent non-residential FAR of 0.15. K. Pervious surface. See Table 4-01 of these regulations for design standards. (Ord. No. 1349, § 2, 2-20-2003; Ord. No. 1381, § 3, 4-15-2004; Ord. No. 1395, §§ 2-4 4-21- 2005) htip://Iibrary2.municode.coin/gateway.dil/lllilorida/41861/41878/4 [ 881 '?f-=tcmplatc s$ln=.., 09/19/2005 DIVISION 32-A. SHORT -PERM RENTALS Sec. 34-2311.. Restrictions on weekly rentals in certain zoninz districts. Table 34-2 restricts the rental of anv permitted dwelling unit i11 certain zoning districts to a single family during any 0r1e-mcmth period, with a minimum stay of one week (sce the "Restricte(l" sub -group of the `'Lodging use group in Table 34-1 ). The following exceptions apply to this restriction: (1) This restriction 011 wcckly rentals docs riot apply to: a. Any land between Estero Boulevard and the Gulfof Mexico. h. Anv land directly adjoining the 1), side of Estero Boulevard. c. Any dwelling unit that is recognizedy the Town of Fort Myers Beach as having had pre-existingweekly rentals as of January 1, 2003, when rcgistcred in accordance with 34-2392. Dwellings units on property that qualifies for any of these exceptions may be rented to a single family for periods ofone week or longer, vvithnut the Once -per -111011t1. maximum that would otherwise have applied. Sec. 34-2392. Registry of certain pre-existing weekly rentals. (a) Dwelling units in certain zoning districts are not permitted to be rented to more than a single family during, any onc-m0nt.h peri0d clue to restrictions found in Tables 31-1 and 34-2. The owner of any such dvvelling unit_thm was being lawfully usccl f[}r weekly rentals during the 12 - month period prior to January 1, 2003, may apple for registration under this section to continue weekly rentals. (l) Ilpon verification.hy the town and placement of such dwcIIint unil_s on a registry ofpre_ existing weekly rentals, the owners of registered dwelling units -may continue to rent those units to a single family for periods of one wcck or longer, without the or ice -per - month maximum that would otherwise have applied. This right shall run with the land and shall not be affected by the transfer of the property to subscyucnt []wners. If weekly rentals of a particular dwelling unit are terminated for any reason for any 12 -month period, weekly rentals may not thercaflcr he reinstated in that dwelling unit.. Dwelling units on land that is not affected by the restrictions in Tables 34-1 and 34-2 limiting rentals to no more than a single family during any 0nc-1110111.11 PCrMd ~110111d not he submitted for reyistration. Such units will not be placed on the registry of pre existing weekly rentals. (b) Applicatiorns for annual rcyistration of'lawful rc-cxislim-, wcckly rental units shall be submitted to the town manager by June 1, 2003. L:ach apalication must include: ]tame of the applicant, if'differcnt thari the property owner, and the applicant's rnailing address and telephone number. Name of current property owner- (and previous owner, if property has been transCerred since January 1. 200.1). Street. address and STRAP number of parcel Number of rental dwelling units at that address that are part of the application. Evidence of lawful pre-existin , v� weekly rental use_of each dvvelling unit in the application as of January 1, 2003. Stich evidence may include: a. Evidence that each clyvelling unit was licensed by the state of Florida as a "resort dweIIin4" or as a public lodging establishment, in accordance with F.S. 509.24 1. h. 09.241.h. Eviclencu of rc�rular payment of Lee County's 3% tourist development tax on rentals of each dwelling unit. c. Fvidcnce of regularim.,Cincnt 0f Florida's 69/o sales tax on rentals of each dwelling unit. d. Signed rental contracts or income tax ret iirn� (fi) A local Mc.phonc number with a contact that is available 24 hours a day. D Payment of an application fee established by the town. (8) Notarized sigriatures orthc property owner (and the annlicant. if different than the property owner) attesting to the truth and accuraev of all information submitted with the apl&atiop and consenting t0 inspection of the premises X11. reasonable hours to Fa -t rllvers Beach Ordinance (M-03, L0ibit B Page 188 n/ 212 1.1?C.' C'halxer .34, r1liwivie Varch 3, 2003 determine compliance with town and fire codes. The town mananer will evaIua.lc ca ch application and notify applicants in writing within 60 days whether each dwelling unit is beim, registered with the town as a pre-existing w•eeldy rental unit or whether_the dweIIing unit does not qualifyfor such registration. Reason~ fo)r disqualification will be stated in the written notice. All applications and written_resnonses are public rco;ords and will he availahlc for inspection at town hall. (d) Decisions by the town manager pursuant to this subsection may be appealed to the town council by the applicant or adioirning, pr( perty owricr-in accordance with 34-86. In addition to the criteria in this subsection, the town council may -consider evidence submitted by the appellant alleging cquilablc.c'onsiderations.-l.or rc jslration of a dwelling, unit despite noncompliance with a. particular requirement of this division. The town council shall consider the advice of the town attorney when evaluating allegations for equitable relief. {e} Registrants must supplement their amlication within -3tl days ifthey change the local telephone number for thu contact I.hxt must be available 24 hours a day. (I) Rcginriin r on .lune 1,-28(]4 and even_year thereafter, renewal applications are due for all registered weekly rental units. (11) The renewal application shall be the same as the original application excel3t.that vidcrlce of subsections (b)Oa h 5 b, and b 7 c shall be mandatory for every renewal period. Registrants who continue weekly rentals atter Failing to complete a renewal application and obtaining, red-,istra(ion Cor another year will he in violation of this code. See. 34-2393. Codc of conduct for short-term rentak a)'fhe town hereby establishes a code of conduct that applies to operators and guests of all short-term rental units, including those on the registry of pre-existing weekly rentals and also Lhosc rentals between one week and one month that are nermit.ted by riLht in accordance with Tabic 34- 2. 'l he code of conduct is as follows: Maximimi Occupancy: Occupancy of each short-lerrrt rcnlal unit must be co[IS istcnl with the definition of "family" that is found in 6 39-2 of this code. which defines a family as one or more persons occupying a dwelling unit and living as a single, nonprofit housekeeping unit,. pro v icd that a group of five or more adults who are not relaled by blood. marria,e. or adoption shall not be deemed to constitute a family. Refa+.ve Collection: Rcfusc con[aincrs shall nor be moved to the street more than 24 hours prior to scheduled curbside collections nor remain there more than 24 hours after scheduled cgIIcut ioris, as rcgciirui by § 6-1-1 of the Fort Myers Beach land development code. In addition. if a property owner or property mananer is unable to comply with this requirement around the weekly pick-up clay, arrangcmcnts liar additional rcfusc collection must be secttred by the operator. Qyiet Hours: Between the hours of IQ: 00 ilm and 7:00 Ant, all guests shall observe qt& hours. Thi s_mcans, al ouidoor act1vily, including swimming, shall be kept to a reasonable noise level that is non -intrusive and respectful of neighbors. Town of Foil Mvers Beach Ordinance 96-24 sets limits on noise levels during quiet hours and these levels must be obeved by all -i�UestS. Mamlatory Evacuations: All guests staying in short-term rcnt.al units must. com .-Lily with mandatory evacuations due to hurricanes and tropical storms. as required by state and local I aws. N Operators are required to provide guests with the town's code of conduct for short-term rentals. The town shall provide operators with a printed version of the code orf conduct and a standardized agreement for compliance. (2 ), The guests of short- term rental units with the code of conduct and obtain the signature of guests on thc. agreement indicatirig that they arc aware of and intend to comply with the code of cnndnot LL The code of conduct shall also be posted at the primary entrance/exit to each shoi-t-term rental unit. Barr 14vs ecach Ordinance 03-03. E:xlvbu e Page 189 of 212 LOC C'haprer 34, Lflec:ive March 3, 2 O (L) Operators must. provide I.he town wil.h a current local tele hone number of a contact for each short-term rental unit. This telephone number must be answered 24 hours a day to respond to cornplaints. Theo telephone numbers are _puhlic records and will be available at town hall durins* regular business hours. Sec. 34-2394. Enforcement and mnaltics. (a) The director is authorised to pursue any one or combination of the enforcement mechanisms provided in this code (for example, 1-5, or article V of ch. 2) for any violation of this division. (b) Persons who may be charged with a violation of this division include property owners, operators, rental agents, guests, and any other person using the structure vvhere the violation has been committed. (c) For properties on the registry of pre-existing weekly rentals (see $ 34-2392). the following additional requirements shall apply. Violations of F.S. ch. 509 shall also be considered to be violations of this division as follows: a. Failure to maintain licensure or any other provisions of ch. 509. b. Failure to eject guests who indulge in any conduct which disturbs the peace and comfort, as provided by 5 509.141. Repcalcd violations of (.his division on a registered property shall lead to cumulative penalties. These penalties shall accrue as follows wheriev=er a violation results in a fine dein imposed on or paid or whenever a finding of violation is made by a iudae or code enforcement hearing examiner: a. First. violation: $250 fine. b. Second violation: $500 fine. c. 'Third violation: six-month suspension of registration under 5 34-2392. d. Fourth violation. two-year suspension of r4stration under § 34-2.392, After any period of three years during which there were no fines imposed or paid and no formal findings of violations of this division. the next violation sliall he deemed to he the first. violation for nurposcs of 1.1iis sculi(in - Sec. 34-2395-34-24I0. Reserved. DIVISION 33. SIGNS Sec. 34-2411. Location and construction. All on -Site and off-site signs shall he located, erected, and constructed in accordance with ch- 30. Secs. 34-2412--34-2440. Reserved. -K- REGULA: FION-S-1 (deleted in its entirely] DIVISION 34. SPECIAL EVENTS Sec. 34-2441. Snccial events defined. A special event is any social, commercial, or fraternal gathering for the purpose of entertaining, instructing, viewing a competition. or for any other reason that would assemble an unusual concentration ofpcopie in one local ion - Specifically excluded from this definition are any ✓atg herings formed andlor sponsored by any recognized religion or religious society, Sec. 34-2442, Permits for special events. W'The Town of Fort Mycrs }las established_ a perm iIIingprocess for special events through Ordinances 98-01 and 00-16 and any future amendments. (b) No person, corporation, partnership, or other entity shall advertise or sell or furnish tickets for a special event within the boundaries. of the tows nil rua such event Shall be conduut.cd or maintained, unless and until that person or entity has obtained a permit from the town to conduct such event. (c) Special events on the bench shall also coinpiy } _ith.--x_.1-4--1.1.rrf-tIiis cork. Sees. 34-2443--34-2470. Reserved. Fort Alvers Bench Ordinance 03-03. E�hibil B Page 190 of 212 LDC Chapter 34, Effective ,14arch 3, 2003 CITY OF WEST PALM BEACH PLANNING BOARD Meeting Date. April 18, 2006 Code Revision Case No. 06-01 I. REQUEST A City -initiated text amendment to Article XIX of the City of West Palm Beach Zoning and Land Devclopment Regulations, specifically Section 94-611, providing definitions for the regulation of short-term vacation rentals. H. RECOMMENDATION APPROVAL - Based on the finding; that the petition meets all eight of the required amendment standards found in Section 44-32 of the. City of Wcst Palm Beach Zoning and Land Development Regulations: 1. Consistent with all elements of the Comprehensive Plan. 2. Changed conditions that require an amendment. 3. Conformance with (lie City Development Code. 4. Consistent with existing and proposed land use. 5. Does not exceed capacity of public facilities. 6. Does not result in significant adverse impacts on the uatural environment. 7. Does not adversely affect property values in the area. 8. Results in an orderly and logical development pattern. III. BACKGROUND AND ANALYSIS Within the City, the issue of residential properties being used as short-term vacation rentals prompted the Planning; and Zoning Department to investigate the nature of this use, which is not specifically addressed within the current Zoning and Land Development Regulations. '['he daily and weekly rental of single-family residences and accessory apartments has resulted in a numher of resident complaints regarding traffic, noise, crowding and lack of supervision associated with this tratisitory-type of operation. Currently, there is no accurate count of the number of short- term vacation rental properties within the City; however, Internet research discovered at least 25 properties advertised as vacation rental properties within the City. While there is no specific definition of a short-term vacation rental within the current Zoning and [,and Development Regulations, a "dwelling unit" is defined as, "Any combination of two or more ofthe ibllowing;: living; rooms, bedrooms, dens, studios, playrooms, nr kitchen, designed, occupied, or intended for occupancy as a separate living quarter, with cooking, sleeping and sanitary facilities provided within the dwelling unit for the exclusive use of a single-family maintaining a household. All rooms in the dwelling: unit must be accessible from the interior of the unit. A dwelling unit may be used for owner occupancy, rental, lease, or other occupancy on a weekly or longer basis." [Emphasis supplied.1 The Planning Staff researched several municilia[ ities faced with similar challenges to obtain information on definitions, licensing requirements and penalties associated with short-term rentals, as well as the pros and cons of allowing and/or prohibiting the use. Additional research was conducted to investigate regulatory suggestions and alternatives, such as requiring additional licenses, special use permits and creating new zoning districts/overlay 7.oncs. A small focus group, representing proponents and opponents of short-term vacation rentals, rnct on July 15, 2005, to discuss the pros and cons of the issue. Subsequently, a public meeting was lield on September 6, 2005, to gather additional input and to discuss solutions and/or regulatory alternatives. The major concerns resulting from that meeting were the following: 1. Greater enforcement of code violations for long-term rental properties; 2. Increased notification to current vacation rental owners orcxisting regulations; 3. A proposal to amend the existing rental license application to include a special category for short-term vacation rentals for diftercrrtiation from long-term rentals; and 4. A proposal to create special use standards. At the request of the City Commission, a Task Force Committee was created with the goal of establishing a definition and special use standards within the Zoning and Land Development Regulations for short-term vacation rentals. The Task Force Committee met on December 15; 2005; January 19, 2006; and January 25, 2006, to review and provide input on a draft ordinance of potential standards created by Staff. Upon presentation of the findings of Staff research and the 'task Force Committee input, it was determined by the City Commission at a public workshop on March 20, 2006, that the extent of the issues resulting from short-term vacation rentals were not as severe and that at this time did not require extensive special use standards. Therefore, the City Commission made the following recommendations: 1. Regulate the, short-term vacation rentals by means of requiring a special Occupational License that would identify the rental as short-term; and 2. Require the owner/operator to have a resort license from the State of Florida, which provides additional restrictions relating to construction, operation, etc. This would not overburden those seeking to establish a short-term vacation rental, but would allow the City to better track the existing and future rentals and their conditions. To implement this program, definitions need to he provided within the Zoning and Land Development Regulations. The following is the proposed amendment to Article XIX, with the language being proposed underlined and the language being deleted: Sec. 94-611. Definitions. For the purposes of this chapter, the following definitions are established: Certificate of Use means the method by which the City grants approval for a business, as defined_ in tyle City Code of (}rdinances, Article 11, Section 22-31: to occupy a given location. Dwelling unit means any combination of two or more of the following: living rooms, bedrooms, dens, studios, playrooms, or kitchen, designed, occupied, or intended for occupancy as a separate living quarter, with cooking, sleeping, and sanitary facilities provided within the dwelling unit for the exclusive use of a single-family maintaining a household. All rooms in the dwelling unit must lie accessible from the interior of the unit. A dwelling unit may be used for owner occupancy, rental, lease, or other occupancy e -n -a weekly or -longer basis. for a minimum of 28 consecutive days or longer. Rental License means a license nermittinw the ternnorary or nermancrrt occuvancv of a dwelling unit where one-time or Periodic navrtrents are made to the owner or other designee from the tenant for residential occupancy and any other consideration.._ due the owner or designee frorn the tenant, which may be designated as rent. State of Flo3'rda Resot-t Condominium Licen-ve means a license. issued by the State of Florida Department of Business and Professional Regulation, for a resort_ condominium, which is any unit or group of units in a condominium, cooperative, or timeshare plan which is rented more than three times in a calendar year for periods of less than 30 days or 1 calendar month, whichever is less, or which is advertised or held out to the public as a place re'ularl • rented for periods of_ less than 30 {lays or l calendar month, whichever is less. Stale of Florida Resort T ivellinu License nrcans a license. issued by the State of Florida Department of Business and Pro['essiorral Regulation, for a resort dwelling. which is any individually or colleclivcly owned onc-family. two-familv, three-family, or four -family dwelling house or dwelling unit which is rented more than three times in a calendar year for periods of less than 30 dans or 1 calendar month, whichever. is less, or which is advertised or held out to the public as a place regularly. rented for periods of less than 30 days or 1 calendar rrronth, whichever is less. Vacation Rental, Short -Term means -any.. dwelling unit or structure ori inally constructed for residential use that is used for temporary lodging and is listed with an agent, advertised or made available by referral. word. of mouth, Internet, recommendation and/or reputation as a vacation or tourist rental and rented or made available for rent for a minimum of 7 consecutive days. Short-term vacation rentals shall possess a State of Florida Resort Condominium and Dwcllini,, licenses. -- Staff has determined that the proposed text amendment meets the Amendment Standards found in Section 94-32 of the Zoning and Lancs Development Regulations (ATTACHMENT). In order to evaluate the above-rci'crcnccd amendments, Staff will provide a report to the City Commission after one (1) year ol' being irnplerncntcd. Prepared and Respectfully Submitted by: Ln P. Ko' ach Senior Planner ATTACHMENT Code Revision Case No, 06-01 Section 94-32 — Amendment Standards In reviewing a proposed amendment, Section 94-32 of the C:it_v's Zoning and l -,and Development Regulations requires that the Planning Board consider all of the following: 1. Whether the proposed amendment is consistent with all elements of the City of West Beach Comprehensive Plan, Findings COMPLIES The City's Comprehensive Plan provides general guidance for the growth and future development of the City. The proposed amendment would provide for additional enforcement of short-term rentals, helping to protect the integrity and character of the City's single family neighborhoods. The amendment is consistent with all elements of the City of West Palm Beach Comprehensive Plan. 2. Whether there exist changed conditions that require an amendment. Findings COMPLIES The number of short-term vacations rentals has steadily incrcascd over the last several years as that type of vacation housing as grnwn popular. Due to the increase in popuiarity and the need for more regulations of such uses, amendments to the Zoning and Land Development Regulations are necessary. 3. Whether the proposed amendment is in conformance with all applicable portions of the City Development Code, Findings COMPLIES The proposed amendment is in conformance with all applicable portions of the City's Development Code. 4. Whether and the extent to which the proposed amendment is inconsistent with existing and proposed land use. Findings COMPLIES The proposed text amendment does not affect the land use pattern regulated by the City's Zoning and Land Development Regulations and Comprehensive Plan. It would simply provide for more oversight of existing and future short-term vacation rentals, allowing the City to keep track of such uses. 5. Whether and the extent to which the proposed amendment would exceed the capacity of public facilities, including but not limited to transportation, sewerage, water supply, parks, fire, police, drainage, schools, and emergency medical facilities. Findings COMPLIES The proposed amendment only provides for definitions within the Zoning and [.land Development Regulations and would not affect the development pattern within the City. Therefore, the amendment would not exceed the capacity of public facilities. 6. Whether and the extent to which, the proposed amendment would result in significant adverse impacts on the natural environment. Findings COMPLIES The proposed amendment only affects the tracking of short-term vacation rentals and would not result in significant impacts on the natural environment. 7. Whether and to the extent to which the proposed amendment would adversely affect property values in the area. 1'irlding9 COM Pill FS The proposed amendment to the Zoning and Land Development Regulations is not expected to adversely affect property values in the area. 8. Whether and the extent to which the proposed amendment would result in an orderly and logical development pattern and the specific identification of any negative effects on such pattern. Findings COMPLIES 'Fhc proposed amendment only modifies certain dclinitions that would relate to the tracking of Short -tern} vacation rentals and does not affect the existing and future development pattern. SPIKOWSIII PLANNING ASSOCIATES 1617 llendry Street, Suite X116 Fort Myers, Florida 33901 2947 telephone: (239) 334-8866 ftix: (239) 334-8878 c:-rrrnil: 17 illcu)spikowsld. co rn weir site: www.spikowski.corn 11 llNi.l ll. TO: Fort Myers Beach Town Council FROM: Bill Spikowski DATE; January 5, 2003 SUBJECT: Introduction of Ordinance Adopting LDC Chapter- 34 (January 13, 2003) You were previously provided with a complete draft of an ordinance that would adopt Chapter 34 of 1he new Land Development Code. That draft was dated December 17, 2002. (Additional copies can be obtained at Town Hall or downloaded from www.spikowskl.cornr/l)eacii.litrri) At your January 13 regular meeting, you are scheduled to have this ordinance formally introduced, at which time two public hearing dates must be selected.Time has been reserved for public hearings on February 3 at 3:00 Pius and March 3 at 6:30 Ph4. At its December 17 public hearing, the Local Planning Agency made a formal finding of this ordinance's consistency with the bort Myers Beach Comprehensive flan. In addition, the LPA made the following specific recommendations regarding 1he text of'Chapter 34: ■ Special Exception Criteria (§ 34_88): The LPA deleted a red undanE criterion for approval of special exceptions (formerly in § 34-88(2)j.). ■ DOWNTOWN zoning district (§ 34-677(c)): LPA members discussed whether the final draft of the code should include language that might allow outdoor display of merchandise on public property in Times Square and along Old San Carlos. The LPA took no forill aI aeiiorr. To allow the Town Council to consider this possibility, I will include the following optional language in the next draft that could be inserted to allow limited outdoor display of merchandise in Times Square and along the Old San Carlos sidewalks: Fort Myers Reaclt Town Council January 5, 2003 Page 2 of 6 34-677(c)(2)e- No merr.hnridise rn av he disnlaved on a oubIic sidewalk or nlaza except when placed on tables or Aci es that tyre mvvud indoors during, am hours the busincas is-not.npen and that do not exceed the li�II ing, dimensions: L Maxlmum height: 3 feet - -- 2 Maximum width parallel to right-of-way lint: X feet 3. Maximum depth: may not extend more than 2 feet beyond the rip ht-of-�vay line onto the sidewalk or Plaza. The next draft will also propose limitirig the number of otj(dour sales carts on private property to two per parcel. ■ VILLAGE zoning district (§ 34-693(d)): The LPA supported a request by the Red Coconut to replace the recommended req tiirernenf in 34-693(d) for a 100 -foot -wide plaza on the Gulf of Mexico with a 50 -foot -wide view corridor. The vote was 6-3. The LPA recoiii rnendation will be shown as Option Two in the next draft; the original language, modified to clarify that the plaza need not be available for public use, will be shown as Option One. ■ VILLAGE zoning district (§ 34-694(c)): The Red Coconut requested to have mobile homes and RVs released from the standard town rule on repeated flood damage (as found in § 6.472) and to revert to the previous Lee County language. The LPA requested further research into this request and took no action. The landowner's request will he shown as Option Two, but I do not recommend making that change, which would eliminate exactly the language (shown here with shadowed lexl) (}rat [lie town added to the definition of "substantial damage" in Ordinance 02-01: "Sidistwvlal damage means damage of an; origin sustained by a structure, whereby the cost of restoring the structure to its before -damaged condition would equal or exceed 50 percent of rhe market value of the structure before the damage occurred. Substawial damage also means flood - related damage sustained by a structure on l�ao separate occasions during a ten-year period for which the cost of repairs at the time of each such flood ownt, on the average, equals or exceeds 25 percent of the inarket value of the structure before the duntage occurred (actual repair work need not have been performed on all flood -related dama¢e)." ■ VILLAGE zoning district (§ 34-694(d)): The Red C'oconllL also requested that five mobile home sites be recategorixed from transient HV park use to regular mobile home us c. The LPA took no action pending research o i i Ibis rerluest. In addition, please note that there is a slight discrepancy between the VILLAGE boundary on Figure 34-11 and (lie interim zoning ma 1). Figure 34-11 is correct; the former I{oreshan house on the beach -just northwest of the Red Coconut should be shown in the VILLAGE district, not the RM district (STRAP 30-46-24-W2-00001.0000). Both changes will be shown in the next drafts. ■ SANTINI zoning district (§ 34-682(2)): A representative of the Santini shopping cenler and Fishlalc Marina expressed concerns at the LPA hearing over the timing of completion of the new LDC and how it might affect a pending development application for changes to (lie marina. The rtew SANTINI district is primarily concerned about the ultimate redevelopment of the shopping center, but is also worded to allow it to replace Fort Myers Beach Town Council January 5, 2003 Page 3 of 6 the existing CPD on the marina. That CPD grants deviations to certain requirements of Chapter 10 Thal will probably be eliminated once that chapter is completed. Since the LPA hearing, I have reworded § 34-682(2) in the SANTINI district in a way that I believe will resolve the concerns expressed on December 17. 0 Definition of Hotel/Motel [§ 34-1841): Under the 12-17-02 draft of this code, (lie original definition of hotel/motel would be modified slightly, as follows: Ilol411,/1ioW is drfnrrd ass means a building, or grout) of buildings un the surnu premises and under single control, consisting of ten or more guest tin its IieepiLig -rr)rcrms vhich-are kept, used, maintained, or advertised as, or I7eld out to the public to be, a place v here sleeping accommodations are supplied Inr pay to transient guests or tenants. The Chamber- of Commerce quest inrted the neer] For keeping the minimum of ten rooms in this definition, and the LPA requested some background research on this issue. F.S. 509.242 defines "motel" without any minimum size. It also has a definition of "hotel" with a minimum sire of 25 guests, but that wording seems to simply require hotels above that size to meet certain state requirements for hotels, thus allowing hotels below that sire to be. registered and regulated under some different category of public lodging establishment. Apparently there are a few motels in the town with less than tell rooms and no desire to serve breakfast or have an operator living on-site (which are requirements for bed -and breakfast inns). These motels probably pre -date zoning and thus may cent ince ir, operalion, but they are rendered "non -conforming" due to this definition, which restricts their ability to be improved. Also, with the current definition, a small motel -like establishment might be opened in a residential area using the argument that it doesn't require motel zoning because it's not a motel under the LDC's own definition. Given these observations, I intend to modify the proposed dcfill it ion of Ilnlel/ IT] otel in the next draft to read as follows: Holcl•inotcl i3 dc ffirc d as means a building, or group of truiIdings on. (fie same premises and under single control, which are kept, used, maintained, or advertised as, or held out to the public to be, a place where sleepirig uc:curnrnodatiuns are supplied for pay to transient guesN for periods of one day or lonecr. ■ SHORT-TERM RENTALS (§ 34-2391-2410: Under the 12-17-02 draft of this code, five options were presented for regulating short-term rentals (see pages 189 through 195). Option I: Based on the original proposal in earlier drafts of the LDC. Option 2: Based on the proposal made by Councilman Van Duzer on October 22. Fort Myers Beach Town Council January 5, 2003 Page 4 of G Option 3: Based on the proposal from the 'Task Force (with stronger enforcement provisions). Option 4: Based on the proposal from Neighbors for Neighborhoods. Option 5: Based on the concept in the current LDC for mother-in-law apartments. At the LPA hearing there was extensive public testimony on these and other options, In response, the LPA formally rejected Options 1 and 3, then formulated both majority and minority positions as part of its recommendation to the 'Town Council. The following discussion explains the I.PA's actions and surnrnarir.es certain rnodifications to the options that are shown in detail in the attached redraft of that portion of the LDC. A 5 -to -4 majority of the LPA voted to recommend a version of "Option 2" on short-term rentals, with these changes from the 12-17 draft: • On the bay side of Estero Boulevard, the LPA did not approve of allowing short- term rentals being allowed back. 200 feet, which is how Options 1, 2, 4, and 5 were worded. The LPA voted to recommend allowing short-term rentals anywhere on the Gulf side of Estero Boulevard, but on the Bay side, only on lots directly adjoining Estero Boulevard. (This same change will be reflected in the next drafts of Options 1, 2, 4, and 5.) • The LPA recommended changing 1he "grandfalliering" elate from October 22, 2002 (the date that Option 2 was first announced) to the date that LDC Chapter 34 is adopted, which may he on March 3, 2003. (The original language will be shown in the next draft of Option 2 as "Variation A"; the LPA recommendation will be shown as "Variat inn B.") • The LPA recommended that "grandfathered" status for short-term rentals in areas where new rentals would not be permitted should not be passed on to subsequent owners of the property. However, the LPA was concerned about how this would be worded because they acknowledged that a simple title change wasn't always the best measure of ownership; for instance, a property could be transferred into a trust, without the actual owners changing; or a property could be held by a corporation whose stock could be sold without changing i he name on the title. The original language will be shown in the next draft of Option 2 as "Variation C"; new language that reflects the LPA's recommendation and concerns will be shown as "Variation D." Because the LPA vote was so close, those in the minority formulated their own position. One in the minority had only a minor disagreement with the majority position; the other three formUlate(l the following variations on Option 3, rejecting any geographic restrictions on weekly rentals: • Increase those rentals required to register to include all rentals of one year, or- fess; Option 3 orriy required registration for units that were held out to the public as being available for period of 30 days or less. (The original language will be shown in the next: draft. of Option 3 as "Variation F"; the LPA minority recommendation will be shown as "Variation F.") • Delete the LPA's prior addition to the Task Force's work, where the LPA added in the LD C's definition of family. The 'Task Force original proposal would allow more Fort Myers Beach Town Council January 5, 2003 Page 5 of b than one family to share a house, provided that the number of renters didn't exceed two persons per bedroom plus two additional persons. (The original language will be shown in the next draft of Option 3 as "Variation G"; the LPA rninarity recommendation will be shown as "Variation H.") • Commit to these regulations for a period of five years, then allow them to "sunset" unless re -adapted by the Town Council. (The original language will be shown in the next draft of Option 3 as "Variation I"; the LPA minority recrsrnmendation will be shown as "Variation J.") In addition to these changes, I am making several additional changes on short-term rentals in the redraft; Definition of minimum rental period; In Options 1, 2, and 5, the restrictions would apply to any dwelling unit in a single-family zone that is rented to more than one family "during any 28-dayperlod." This wording does not prohibit a 7 -day, 14 -day, or 21 - clay rental as long as the unit is not rented at all for the rest of the month, Option 4 contains a stricter limitation ghat would apply to any dwelling unit that is rented to one family for anything less than "a period of 28 days," thus requiring a minimum rental period of 28 days for each tenanl.' Tliis dist inc[ion is very important; in fact, it was responsible for litigation and controversy last year on Sanibel last year. Sanibel officials insisted that their code meant the latter {[heir exact warding is "dwelling units muy nor be mu de available for rental or occupancy for periods of less than four (4) consecutive weeks...."), while some rental agents Thought it could be interpreted to allow the former, The former definition is less strict but is apparently still confusing because it does not explicitly say that a weekly rental would still l.)e acceptable provided the unit was not rented to another family any time during the remainder of the month. To make this distinction clearer, the next draft of Options 1, 2, and 5 will be more explicit that one weekly rental would still be acceptable in a single-family zone provided that the unit is not rented to another family any time during the remainder of the month. (Or, if the Town Council prefers the stricter approach, the wording in § 34-2391 of Option 4 could replace this wording in Options 1, 2, or 5.) In addition, the term "continuous weeldy rentals" will be used to refer to the unrestricted weekly rentals tliat would still be allowed in RC (Residential Conservation) and KM An additional problern wi[h the cu+ren[ wording is that the state registry of .short-term renral.s is based on rentals `for periods of less than 30 days or 1 calendar iron[, whichever is less." The proposed LDC is slightly dif ferenr: "during any 28 -day period." This discrepancy isn't in eaningfulfrom a policy s[undpoin1, but it would make compliance with town and stare law more complicated. For this reason, the next draft of the LDC will use [lre terms "one du.y," "one week, "and "one month" ir7.cread of the number oj'days. Fort Myers Beach 'Town Council January 5, 2003 Page 6 of 6 (Residential Multifamily) zoning districts, and which under Options 2 and 4 could be continued, but not begun, in the RS (Residential Single-family) zone. Behavioral rules for short-term rentals: In the 12-17 draft, option 3 contained specific behavioral rules for short-terrn tenants and retiuired opera Iors to register Iheir units, limit occupancy in single family districts to one family, establish nighttime "quiet hours," post the town's rules and obtain signatures frrlril tenants acknowledging them, and ensure that refuse containers weren't left on the street more then 24 hours. Options 2 and 4 didn't require registration of short-term rentals generally, but slid require certain "grandfathered" units to register. Two logical questions have arisen: 1. Should the grandfathered units in Options 2 and 4 be required to comply with the behavioral rules and cumulative penalties described in Option 3? 2. Under Options 1, 2, 4, and 5, short-term rentals would still be allowed by right in most zoning districts (other than the R5 single-family zones). Should those units be expected to comply with the same behavioral requirements, even though they would not be required to register with the town? Anticipating positive answers to both questions, the next drafts of Options 2 and 4 will contain language requiring conformance wilh the beliavinra] rules from Option 3 frrr "grandfathered" short-term rentals in single-family zones as well as for short-term rentals in other runes where they are I)ermitled by right. Adding a "minimum regulation"' option: All five existing options would add new regulations regarding short-term rentals. The Town Council also has the option to allow weekly rentals: • without establishing new geographic restrictions (as in Options 1, 2, 4, and 5); • without adding a town registry on top of the existing state registry (as in Options 2, 3, and 4); and • without allowing a larger number of occupants in dwellings than are allowed today for owner -occupancy or for regular rentals (as would be allowed by Option 3 for duplexes and triplexes, and by the LPA minority recommendation for all short-term rentals). 'Phis option could include most of the "code of conduct" drafted by the 'Task force and have it be enforced through the standard methods in the land development code, thus avoiding the need for a formal registry. This concept will appear as option 6. All of the revisions discussed above for short -terra rentals are shown in the attached redraft of Table 34 1 and §§ 34 2391--2410, all dated January a, 2003. Also attached is a summary chart that highlights the similarities and differences between all six options, plus correspondence on short-term rentals received since the LPA hearing and also a Florida Bar article on short-term rental regulations in the Florida Keys. Copy to: Local Plarining Agency, 'l'own Attorney, 'Town Staff, Library Reference Desk Attachments: Chart highlighting the similarities and differences between the six short term rental options 1-5-03 redraft of Tables 34-1 and ,34-2, with revisions to Table 34-1 in shadowed text 1-5-03 redraft of §§ 34-2391-2410 regarding short-term rentals Lel ter franc the Reultor AssoeiuIiori of Greu[er Fort Myers and tine Beach, Inc. Letter front the Greater Fort Myers Beach Chamber of Cotwilerce Jtdy 2000 Florida Bar article on short terin rental regulations in the Floridu Keys L4 wj L -j LTJ 0 C 0 -cw)' Cal 7n UJ CL cr zi et W -W Residential Community residential home Dwelling unit, sinp,,lc-family M Home care facility AS ACCESSORY USES: �C Q. Accessor a artment 1 see - Accesso a artment see .34-11 Residential accessory uses 1'em2orarX mobile home 7 -j Lod" in Rental of anv nermitted dwellin2 unit to a sin le P amt v c urinanv one- rnont vTvit i a P minimurstaya eek o see T3 TTT rules —Exceptions AS ACCESSORY USES: SE BU' p TPj p Office 1 a� Page 76 of 772 Drc f — January 5, 200J Dwelling unit: P Lied &. breakfast inn P Rental of anyyerildited. 1' two-tamtly 1 �r. AS ACCESSORY USES: 1VL v� 7 s[ e � i4-1773) Home occu ation p Q, no outsi(le he p) e3 Horne occupation AA Wltl outsicle jlcl ) Page 76 of 772 Drc f — January 5, 200J Dwelling unit: P Lied &. breakfast inn P Rental of anyyerildited. 1' two-tamtly 1 p dwelling unit to a sin {c � 1VL v� 7 s[ e � i4-1773) r e # e e3 Mobile home or RV ark F. O Me e or onrer see 32-239T-£ O -Tor rules) Hotel/motel (see � 3434-1801) P S Dwelling unit: istrict on as restricted in - Offices, c neral a or medical Lied & breakfast inn F multiple -family p Recital o1'any Permitted p � live/work (scc § 34-177-1) P �vell�l u11i__t.o1'guest Unit Ar one Personal services � AS ACCESSORY USlESe AS ACCESSORY USES: ; AS ACCE§MRY lJSEB: Accessor : apartment 1 p On-us,consumPlinn of AA./; Administrative office Wholesale establishment see - alcoholic bevem—L,es Se Rooming house P TIyision 7, of article Timcsha.re units f Resorts P Page 76 of 772 Drc f — January 5, 200J Assisted liyintr facility P Lied &. breakfast inn P Automobile rental SF Lsee_� 34-1411) ties 4 - Health care facilil.v P Hotel/motel (see � 3434-1801) P Dwelling unit: Offices, c neral a or medical p multiple -family p Recital o1'any Permitted p � live/work (scc § 34-177-1) P �vell�l u11i__t.o1'guest Unit Ar one Personal services p erio s o 5M g, c Wholesale establishment SE Rooming house P 1 Timcsha.re units f Resorts P y _ � AS ACCESSORY USES: AS ACCESSORY USES: AS ACCESSORY USES: Golf course FO resort accessory uses P Commercial accessory uses P � I I Recreation facility: PcrS[lilal services p Driv'c-through, Type 1 (2) p riyate on-site p prcyae SF? Subordinate commercial uses 1' Subordinate commercial uses p /;r! Subordinate commercial uses sec 34-302L) — P see -, 2 V see a -3� M Provided density complies with the bort Myers Beach Comprehensive plan (see ti 34-632), (2) Automobile fuel pumps -and all drive-throutrhs (whether Type 1 or Type 2) cannot be constructcd within the outer PCFiFTICICr of is Downtown zoning districl except as provided in ' 31-676 f . whether the subject propertX is classified in the Downtown cone or in a Commercial planned Deveio anent zone. See also 34-620(f)(4) regarding the _rohi ition on restaurant. driv'c-throughs. Page 76 of 772 Drc f — January 5, 200J Page 77 of 222 Drall -- Janum_v 5, 2003 Retail Marine Civic 13cach or bay access P Essential services see Hidden path P Park. neighborhood N AS ACCESSORY USES: AS ACCESSORY USES: AS ACCESSARY USES: �+ ATM P Dock for sole use by P family daycare home P Occupants ol pnmci pal use Dwelling unit: Dock for use by water taxi or P Communication tower SF � work/live see ' 34-1774 SF. water shuttle) see � � - 0) ! Membership organization SL Marina FC}! Day circ ccnl.er, adult or child SF Recreation facilities. `$F' 'ST cornrriercial SF Parasailin o2erations office Essential service building SE M Parking lot, seasonal i Personal watercraft oeratio�is sec 34-1 (see 34-2022) TP Mice SE Essential service equipment P Temporary u5e5 (see 0 34-3041--3050) SE : Rerital of beach furniture P Recreation facility: � private o srto site. SF up bllc _P_ Transit I.crinincrl SE AS ACCESSORY USE AS ACCESSORY USES: AS ACCESSORY USES: ❑n- remises constrm tion of AA/Dwellin > unit care# ker P Dwelliizpunit, caretaker 1' al C oriol is buvera acs ycc S E Dock(may be eased to non- 11 Restaurant, accessory to . - - occufpants ul'F_) privwc rec, facilities only Automobile re air S Boat dealer P Cultural facility SE Bar or cocktail lounge AAI Marina P Dav care ccntcr, adult or child P S1: '`�•S M "t Car washF Dwelliin unit I Park, community or rejZional P b work,/live (see 34-1774) P Parking lot, shared. pmrranent SF nndreat F M puse Place of worship P Parking lot. shared _ H i perma.ncnl. (34-2015(2')b.) 5E Religious facility_ SF ::Z� Personal services A School (see § 3/1-2381-23,83) [' Restaurant (2) P N Retail store, small P Theater SE Retail store, large SE AS ACCESSORY USES: AS ACCESSORY USES: AS ACCESSARY USES: Commercial accessory uses p- Marina accessory uses f' He11i�sto Restaurant, .aunt accessory, onl • to SE iT rrye-t irou . r: I Yoe I p public recrrecruaLlorlac> > icy - �I-vi�e- ,L- Au-toriw Ho fuel purnnti (2) ST SE Su opb drnate commercial Uses see P tQ AuLomobi Ic fuel pumps and all drive-throe =hs whether i v e 1 or 'YX2e 2 cannot be constructed within the outer_ perimeter of the Downtown zoning district except as provided in k 34-676(1), whcl.hcr the subject properly , is classified in the Downtown zone or in a Commercial planned Development lone. See also 34-G20(f)(4) resardinp- the prohibition on restaurant drive-throuplis. Page 77 of 222 Drall -- Janum_v 5, 2003 Pape 78 of 22 f7+crfi Jurtrrrr+v 5, 2003 Residential 1 Lndgln Q tLee Relail I Marine Civic Use Groups and Sub--Groups (Restricted, Limited, Open) RS Residential R — — .Single fandly `=' RC Residential Conservation RM Residential- Multifamlly C'RCommercial e G p v p v I CM Commercial �+ Marina CO Canrnrercial • (1 ice SANTOS IN lnstilulional �+ CF Can Facillitiesities -IF W BB Bay Beach — see 34-G5 ] N — -- LLC Environmentally ----set § 34-652(4) k (c) — Critical DOWNTOWNW e e SANTIM G G 4 G VILLAGE �2 i Q�2 �2 CB Commercial Boulevard RPD Residential AMnne-d-]rv.' [� i� �7 QDI& ( [DG vv nom] �1JJ��77 D[] ��.77 CPI] C'omrnercia! ri'ote 1: See I able 3.1- Unr a ,specific list of l � se (irovps rRe ddenrial, I od2ine Office, Reed.. War_hm. aril Civic) and ot each l estric.•red. 1_iurired acrd Rote ?: See 34-692( 3 which Providc.y u ire-a > rrovecl redevelo rnem o tinrr lor the l'1I.I..1(il: rli.ctr it t that cc1111 also ❑ermil_residenlial loc&ozy, olflce am r'elail uses in the. Open .oath-OrmgZ r.7nrler Si2eci ic?d corrllitinrr.s• ,Vole 3; See ., 34-102--103 for exceptions and limltatintr.s on new and expm2ded ccrrrirrrercial ascs- Vole 4.-See fi 34-933. The re.salution aarovM a planned rrlc nr _-(:mb:ig district (RPD or CPU) will .Teri ) which ol the use rorr rs or siib-grauj2s [r oTieraled irr Tab e 34-1 will be pern2jued nn that pareel. NO/(? 117171 .sortie t2olotelial ase sub- rod{ s fire )pw listed above or the HPI) for2inn [distri_ry hPcf,,, e-se rhe.v mai- ,ill be approved in an v RPD _-onwc� re,solarriarr. Pape 78 of 22 f7+crfi Jurtrrrr+v 5, 2003 DIVISION 32-A. SHORT-TERM RENTALS OPTION O N F: [original proposal] Sec. 34-2391. Restrictions nn continuous week rentals in certain zoninty districts. Table 34-2 restricts the rental of any permitted dwelling unit in certain zoning districts to a single family during any one-month period, with a minimum stay of one week (see the "Restricted" sub -group of the "Lodging" use grout) in Table 34-1). The following, exceptions apply to this restriction: M This restriction on continuous weekly rentals does not apply to: a. Any land_ between )Estero Boulevard and the Gfulfol'Mcxico. h. Anv land directly adjoining the bay side of Estero 13oulevard- Dwellings units on property that qualifies for either of these exceptions may be rented to a single family for pericxis of nnc week or longer, without the once -per -month maximum that would otherwise have applied. Sec. 34-2392-34-2410. Reserved. OPTION ' wo: work hop propos('1l] See. 34-2391. Restrictions on continuous weekly rentals in certain zoning districts. Table 34-2 restricts the rental of any permitted dwellin (unit in certain zoning districts to a single family during any one-month period, with a minimum stay of one week (see the "Restricted" soh -group of 1.hc "l .oding" use group in Table 34-1). The following exceptions apt)lv to this restriction: This restriction on continuous weekly rentals does not g2ply to - a. Anv land between Estero Boulevard and the Gulf of Mexico. b. Any land directly adjoining the bay side of Estero Boulevard. `,r` t.,iat.iul; {A; (original proposal) c. Anv dwelling unit that is recognized b the 'Town of Fort Myers Beach as having had Erre-existing continuous woekly rentals as of Octobcr 22, 2.002., when registered in accordance with „y§' 34-2392, .._ iaba� #�" (LPA recommendation) c. Anv dwelling unit that is recognized by the 'l own of Fort Myers Beach as having had pre-existing continuous weekly rentals as of rinsere effeelive dale of this proVlsionl, when registered in accordance with 5 34-2392. [VO TF_- this ,game change 7i!ould (,dso be, made in § 34-2392(a), (b)(2), orad (h)(3).] (22_) Dwcliin *s units on property that gualifies for any of these exceptions may be rented to a single family for periods ofone week or longer, without the once -per -month maximum that would ol.hcrwisc have a.nnlied. See. 34-2392. Registry of certain pre-existing continuous weekly rentals. Ldj2 -ql 1Fjg unitti.in certain r.oning districts arc nol. PcrmiLl.ed In be rented to more than a single family dMing any one-month period due to restrictions found in Tables 3 1-1 and 34-2. 'Me owner of anv such dwellin > unit that was bein lawfully used for continuous weekly rentals as of October 22. 2.002, may apply for registration under this sectiozi to continue continuous wcckly rental~. Page iM ql 222 Draft --- . mnUar7- 5. -1001 Lyon verification by the town and placement of such dwelling units on a registry of pre- existing continuous weekly rentals, the owners of re P istered dwellin T units may continue to rent those units ton single family_ for periods of one week or longer, without the once- er-month maximum that would otherwise have applied. (original proposal) This right shall run with the land and shall not be affected by the transfer of the ro erty to subse cent owners. Variation 0: (LPA recommendation) Q This right shall be extinguished when the propert is transferred to subsequent owners. For purposes of this subsection: a. A property transfer shall not be deemed to have occurred when a change in title is the result of the death of a co-owner or whcrc the transfer is to atrust if the prior owner or heirs are beneficiaries of the trust. b. A vrovertv transfer shall he deemed to have coeeurrecl iF the title is held by a corporation and majority control of the corporation is transferred to a different party. D if continuous weekly rentals ofa particular dwellin , unit are terminated for anv rcascon Cor any 12 -month period, continuous weekly rentals may not thereafter be reinstated in that dwelling unit _(4) Dwelling units on land that is not affected by the restrictions in Tables 34-1 and 34-2 limiting rentals to no more than „a -sin,€ le family during any one-month period should not be submitted for registration, Such units will not be placed _on the rely of pre- existing continuous wcekly rentals. hl Applications for registration of lawful nre- existin�a continuous weekly rental units shall be submitted to the town manager by finserl chile herr:: 3 munlhs a ler effeciive dote n 'this provis ton 1. F.ach application must include: CD Name of the applicant, if different than the property owner, and the applicant's mailing address and telephone nuntber. Name of current property owner and previous owner, if 2roperty has been 1.ran5fCTTCd since October 22, 200D, Street address and 5'1'RAP number of parcel. Nurnber of rental dwelling units at that address that are pa_rtofthe application. Evidence of lawfulr-existing continuous wcekly rental use of each dwelling unit in the application as of October 22, 2002. Such evidence must include a. Evidence that each dwelling unit wets licensed by the state of Florida as a "resort dwellin ," or as a public lod2ine establishment, in accordance with F.S. 509.241. . b. Evidence of re ug lar payment elf I.ee Courilv's 3°fn Tourist cdevclopment tax on rentals of each dwelling unit. c. Evidence of regular payment of Florida's 61/6 tax on rentals of each dwelling. unit. if desired, other evidence of lawful pre- exist.in,g, continuous weekly rentals of the dwelling unit (such evidence is not required for registration but may include rental contracts, lax returns, etc,), A local telephone number with a contact that is available 24 hours a day. Notarized signatures of the property owner and the applicant, if different than the n} crly owner) aftesting to the truth and accuracy of all information submitted with the application and consenting to inspection of the premises at reasonable hours to determine compliance with town and fire erodes. O The town manager will evaluate each application and notify, applicants in rvritin = within 50 days whether cath dwellin T unit is bein re Tistercd with the town as a re -existing continuous wcekly rental unit or whether the dwelling: unit does not qualify for such registration. Reasons for disqualification will he stated in the written notrcc All applications and written responses are public records and will be available for inspection at town hall. Registrants ma • su lcrncnt lhcir application at any_timc to provide a different local telephone number with a contact that is available 24 hours a day. Page M 9 of 2-12 I?raft — Jonuai.y 5, 2003 (d) Decisions by the town manager pursuant to this subsection may be appealed to the town council by the applicant or adjoining_pro qtv owner in accordance with ' 34-86. In addition to the criteria in this subsection the town council may consider evidence submitted by the appellant alleging. ee uitable considerations for registration of a dwelling unit despite noncompliance with a particular requirement of this division. The town council shall consider the advice of the town attomey when uvalUalinP allegations forequitable relief. Sec. 34-2393. Code of conduct for short-term rentals. a The town hereby establishcs a code of conduct that ap V lies to operators and gtie st.s of sill short-term rental units includine those on the registry t�f pre-existing continuous weekly rei�tals and also those rentals between one week and one month that are permitted by right in accordance with Table 34-2. The code of conduct is as follows: Maximum Occupanctp: Occupancy, of each short-term rental unit must be consistent with the definition or"farnil y that is found in 34-2 of this code, which definesa farnily as one or more persons occupying a dwelling unit and living, as a single, nonprofit housekeeping unit, provided that a grout) of five or more adults who are not rAtte i by blood, marriage. or adoption shall not he deemed to constitute a family. Refyse Collection: Refuse containers shall not he moved to the street more than 24 hours prior to scheduled curbside collections nor remain there more than 2/1 hours after scheduled collections, as reg uired_b_y§_fi-1 1 of the Fort Myers Beach land development code. In addition, if a properly owner -or property manager is unable to comply with this requirement around the week!y 12ick-u dav, arrangements for additional refuse collection must he secured by the operator. LL Quiet Yours: Between the hours of 10:00 tam and 7:00 AM all guests shall observe quiet hours. This means all outdoor activity, including swimming, shall be kept to a reasonable noise level that is non -intrusive and respectful orneigh bms. Tow n_c)rFort Myers Beach Ordinance 96-24 sets limits on noise levels during uiet hours and these levels must be obeyed by all =u ests- Munrlutan, Evacuations: All guests sta, iy itg in short-term rental units inusl comply with mandatory evacuations due to hurricanes and tropical storms, as required by state and local laws b Operators are required to provide guests with the town's code of conduct for short-term rentals. The town shall provide operators with a nrinted version of the code of conduct and a standardized agreement for compliance. The operator shall provide guests of short- term rental units with the code of conduct and obtain the signature of guests on the agreement indicatim-, that 1 -hey are 'ware of and intend to comply with the code of conduct. tD The code of conduct shall also be posted at the orirnary entrance exit to each short-term rental unit C] Operators must provide the town with a current local telephone number ot'a contact for each short-term renial unit. This tele hone number must be answered 24 hours a (Jay to respond to complaints. These telephone numbers are public records and will be available at town hall during rc>=ular business hours. Sec. 34-2394, Enforcement and penalties._ (a) The director is authorized to pursue any one or combination nl'the enrorccmerit mechartisms provided in this code for example. § 1-5 or article V ol'ch. 2) for any violation of this division. (h) Persons who may be charged with a violation of this division include property owners. operator rental agents, euests, and any other person using -the structure where the violation has been committed. (c) For properties on the rug -~try of pre-existing ntinuous weekly rentals (see 6 34-2.392). the lollowing additional requirements shall apply: LD Violations ol'F,S. ch. 509 shall also be considered to he violations of this divisi follows: a, failure to maintain licensure or anv othcr turoyisions of ch. 509. b. Failure to elect guests who indulge in any conduct which disturbs the peace and comfort, as provided by § 509.141. Page 190 q/ 222 I]rafi -January j, 2003 Repeated violations of this division on a registered property shall lead to e:umulativc Urepgjtics. Thcsc penaltics shall accrue as follows whenever a violation results in a fine being imposed on or paid or whenever a finding of violation is made by a iudge or code _enforcement hearing examiner: a. First violatiOTI: $250 fine. b. Second violation: $500 fine. c. Third violation: six-month suspension of registration under § 34-2392. d. Fourth violation: two-year suspension of' rc-*ist.ration under ' 34-2392. After any12criod of three vears during which there were no tines imposed or paid and no formal findings of violations of this division., the next violation shall he deemed I.o be the first violation for 12ur2oses of this section. See. 34-2395-34-2410. Reserved. Page 19 1 of 222 Oraft Janwirt 5, 2003 OPTION T FI R E E [task f Tree proposall NOTE-- if Option Three is chosen: (1) The following restr0tion in Table 34-1 of this code (page 76) in the "Restricted" sub group would be eliminated as follows " (see (2) the following restriction in Table 3 4- 1 would he moved flop? the "Limited" sub -group to the "Restricted" sub group: 'Rental of any permitted dwelling unit to a single family for periods of one week w longer (see §§ 34-2391-2410 for rules)" Sec. 34-2391. Purpose and intent. The purpose and intent of this division is to: (1) Provide sale, clean, and comfortable accontmodalions to guests, staying in short- term rental units; Provide information to guests on relevant town regulations; Educate guests about local standards of respectful conduct in residential neighborhoods, and LL Create and protect a compatible atmosphere between short-term rental properties, resident property owners, and resi(ten tial neighborhoods. Sec. 34-2392. Definitions. Guest` memns any patron. customer, tenant, lodger, hoarder, or occupant of a short-term rental Unit. Otlerulur means the owner, IiCcnsci,Proprict0r, lessee rnana er. assistant manar�cr, or appointed anent of a short-term rental unit. F. (original proposal) Short-1wrrn rental unit means -any single-famil; or two-family dwellingunit. or a unit in multivle family buildiniz with three or four dwelling u� nits, which is rented more than three times in a c:alcndar year for periods of DTIC week to one month, or which is advertised or held out to the ublic as a place regylarly regularlyrented for periods of one week to one month. (LPA minority position) Shor•l-term rental unit mcans any single-famil, or two-family dwelling unit. or a unit inmultiple family_ building: with three or four dwellin, units, which is rented for periods of one week to oric Year, or which is advertised or hull out to the public as a place regularly rented for periods of one week to one year. Sec. 34-2393. State licensure and town registration. La) All short -terra rcril.a.l units must. be licensed by the state of Florida as a "resort dwellin" or a "12Ublic lodging establishment," pursuant to F.S. 509.241, - h] In addition 1st licensure with the Florida, within 3 months of[inseri cffecfive date of this provisiuril, the operator of each short-term rental unit located in the town must submit a short- tei'm rental license apVlication to the town and within an additional 90 days must have obtained rebistration from the town.1'hereinafter,_a_new registration application must be completed annually or upon chane of ownership or property manager. The license application shill include: Mame ol'thc operator, if different than the property owner, and the operator's mailing address and telephone number. (2) A local telephone number with a contact that is available 24 hours a lay, Name of current RroRerty owner and evidence of ownership. L441 Street address and STRAP nwnber of parcel. Number of rental dwelling units at that address that are )art of the application, L�j Evidence thal. each dwelling unit is licensed by the state of Florida as a "resort „dwelling" or as a public lodging, establishment in accordance with F.S. � 509.241, PaVc 192 n/ 222 1)rrifi Jr pmary 5, 2003 (7) Notarized signature of the operator consenting to inspection of the premises at reasonable hours to determine compliance with town and Circ codes. Sec. 34-2394. 'Perm of registration and fee. Each registration is valid ror one year, renewable by January l of each calendar year. The operator must notify the town within 30 days of any change in the telephone number of the local contact or any change in the operator of any registered short-term rental unit. W The application and fee shall not be deemed late until J anUary 31 of the appl.icable calendar year. The annual application fee shall be 5120 tomer short-term rental uni The fee shall be pro -rated for new applications made after January 31; renewal registrations shall not be prorated. (4} Failure to rcccivc a licurvw or complete a renewal by January 31, in combination with the use of a dwelling unit for short-term rentals, shall be a violation of this code. See. 34-2395. Acknuwledtment by guests of of conduct. The operator is required to provide guests with the town's code nrconduct fOT short-term rentals {see & 34-2396}. Ll j_ The town shall provide operators with a printed version of the code of conduct and a standardized agreement for comp] iarnce. 1 The operator shall provide guests of short- term rental units with the code of conduct and obtain the signature of guests on the agreement indicatin that the • arc aware of and intend to comply with the code of conduct. The code of conduct shall also be posted at the primary entrance./exit to each short-term rental unit Sec.. 34-2396. Code of conduct for short-term rentals. The rollowing code orconduct applies to erators and cuests of all short-term rental units: V:_a :,~li•:i i : is (original proposal) (11,) Maximum Occupancy: Occupancy of each short-term rental unit Shall not exceed more than 2 guests for every bedroom in each unit. plus 2 additional guests. Occupancv of sin le -Family homes must also be consistent with the definition or"family" that is lbund in ' 34-2 of the Fort Myers Beach land development code which defines a family as . one or more persons occupying a dwelling unit and living as a single, nonprofit housckccping unit, provided that a group of five or more adults who are not related by blood, marriage, or adoption shall not be deemed to constitute a family. l -•I: (LPA minority position) �1 Maximum Occu unc : Occupancy of each — short-term rental unit shall not exceed more than_2. guests for every bedroom in each unit, plus 2_additional guests. (2) Refuse_ Collection: Refuse containers shall not be moved to the street more I.han 24 hours prior to scheduled curbside collections nor remain there more than 24 hours atter scheduled collections, as required by § 6-11 of the Fort Myers Beach land devulorp3munt code. in addition, if'a property owner or property manager is unable to comply with this requirement around the weeklupick-up day, arrangements for additional refuse collection must be secured by the operator. (3) Quiet Hours: 11etween the hours of 10:00 Pm and 7:00 Am, all Guests shall observe quiet Hours. This means all outdoor activity, including swinimirip-, shall -be kept to a reasonable noise level that is non -intrusive a-nd respectful ect.ful of neighbors. Town of Fort Myers Beach Ordinance 96-24 sets limits on noise levels during quiet hours and these levels must be obeyed by all guests. Mandalory Evacualions: All guests staying in short-term renl.al uniLs must comully with mandatory evacuations due to hurricanes and tropical storms, as required by state and local laws Poge 193 (if 2-"') Drc f Iunuury 5, 003 See. 34-2397. Enforcement and penalties. f aa} The director is authorized to pursue any one or combination of the enforcement mechanisms provided in this code ffor example, § 1-5, or article V of ch. 2) fur anv viAatiozi of this division. N Violations of F.S. ch. 509 by an operator shall also be considered to be violations of this division as follows: Failure to maintain licensure or any other previsions of ch. 509. Failure to elect guests who indulge in any conduct which disturbs the peace and comfort, as provided by § 549.141. (c) Persons who may be charged with a viola -lion of this division include property owners, operators, rental aeents, guests. and any other person using the structure where the violation has been committed. (d) Violations of this division by a west shall subject the guest to the general penalty provisions of this code. (c) Violations of this division by an oj)crator or any 2tiests of that operator shall subject the o erator to cumulative penaltiess'1'his penalties shall_acorue as follows whenever a violation results in a tine being, imposed on or pLdid by the opurator or whenever a finding of violation is made by a jud,,e. or code enforcement hearing examiner: First violation: $250 tine. (22,) Second violation: $504 tine. Q) Third violation: six-month susfscnsinn of all registrations. Fourth violation: two-year suspension of all registrations. After anypori od of thrcc years duririg which aii operator has no fines imposed or paid and no formal findings of violations of this division, the next violation by the operator shall be deemed to be the first violation for purposes ofthis section. 'V' ,II -1, 1r,t0 n. 1 � (original proposal) Sec. 34-2398-34-2410. Reserved. '.' ;, +; If:% . _+: (LPA minority position) See. 34-2398. Sunset provision. Division 32-A of this code reeardine short-term rentals shall be automatically reucaled on linsert chile. here: 5 twurx ufler effeclwe chile o this provi.yon7. unless extended by the town council by an amendment to this code. I Iowever, violations of -this division prior to such repeal slIall remain as violations of this code. :See. 34-2399-34-2410. Reserved. Pine 19,E of 222 Drgft--.1,inuari 57 2003 OPTION FOUR: [Neighbors for Neighhorhoods proposal;' NOTE— if Option Four is chosen.- The following restriction in Table 34-1 of this code (page 16) in the "Restricted" sub -group would be modified as follows: "Rental occupancy of any permitted dwelling unit to by a single family for period of one month or longer dttrirrg (see §§ 34-2399-2490 for rules and exceptions}" Sec. 34-2391. Exceptions to short-term rental restrictions. Table 34-2 restricts the rcni.a.l occupancy of any permitted dwelling unit in certain zoning districts bx a_sinLde family for a period of one month or longer see the "Restricted" sub -group of the "Lodging"' use Uro up_in Tahlc 34-1). The CoIlowing cxceptions apply to this restriction: ']'his restriction on snort -term rentals does not apply to: a. Any land between Estero Boulevard and the Ciidf of Mcxico. b. Anv land directly adjoining the bay side of Estero Boulevard. c. Any dwelling unit that is recognized by the Town of Fort Mygrs Reach as having had pre-existing weekly rentals as of May 21, 2002. when reeistered in accordance with 5 34-2392• tQ DwelIin gs units on property that q ualifics for any of these exceptions may he rented to a sinele family for ❑eriods of one week or loo er in lieu of the monthly minimum rental period that would otherwise have applied. See. 34-2392. Registry and amortization of certain pre-existing short-term rental units. (a) The Town of Fort Myers Beach hereby provides a. limited amorti ation ncriod fior certain dwellina units that would otherwise be restricted immediately by 'Yable 34-2 to rentals to a single family for periods of one month or longer. This amortization period applies only to dwelling i.tr_ nits that are recognized by the Town of Fort Myers Beach as haying had regular weekly rentals as of May 21, 2002. (b) In order to qualify for this limited amortization neriod. the owner of any such dwellin unit that was being lawfully used for weekly rentals as of May 21. 2002. may arm 1v for reeistration under this section. lUpori_verif'icatitm by the town and placement of any such dwelling unit on a registry of pre- existing, short-term rentals, the owners may continue to rent those units for to a single family for period of erne week or longer until January 1. 2008. as lont, as the dwelling unit remains licensed - (2) ']'his right is limited to the owners ot'the property as of May 21. 2002, and shaft not be transferable to SUbSe uent owners. DweIIing, tin its on land that does not require or quality for the amortization period should not be submitted for registration. Such units will not be placed on the registry of pre- existing short-term rentals - 1 Fshort-term rentals of a rarticular dwellin unit are terminated for any reason for any 12 -month period, short-term rentals may not thereafter be reinstated in that dwellinu unit. c) Annlications for reeistration of lawful ore - existing weekly rentals shall be submitted to the town inangger by finserl dale here.- 3 months rx ter E:ffec•ttve (late o0his nrovisionl. Each anolicaiion mnet inr.lnrle LD Name of the applicant, il'different than the property owner, and the applicant's mailing address and tclephorie ngirnber. Mame of current property [owner and proof of ownership on May 21 2002. Street address and 5'1'RAP number of parcel. Number of rental dwelling units at that address that are part of the application. F.vidence of lawful pre-existing weekly rentals of each, dwell ine unit in the application as of May 21, 2002. Such evidcricc roust include a. Evidence that each dwelling unit was licensed by the state of Florida as a "resort dwelling" or as a public lodging establishment, in accordance with F.S. § 509.241. b. Evidence of regular payment of Lee County's 3% tourist development tax on rentals of each riwelling unit. c. Evidence of regular payment of Florida's 6% sales tax on rentals of each dwelling unit. _ Page 195 o f 7'? Urafr damaer,v 5, 2003 If desired, other evidence of lawful pre- existina weekly rentals of the dwelling unit (such evidence is not required for registration but may include rental contracts, tax returns, etc. . Notarized signatures of the property owner and the applicant, if different than the property owner) attesting to the truth and accuracV ofall information submitted with the application and consenting to inspection of thepremises at reasonable hours to determine compliance with town and fire codes. (8) The name, address, and local telephone number of the rental mann ,er with assurance that a contact is available 24 hours per day, seven days a week for the pUrpose of promptly responding to complaints. �9 . The initial application fee for pre-existins short-term rental shall be '120 per rental unit. (d) The town manager will evaluate each application and notify applicanl.s in writing within 60 days whether each dwelling unit is being registered with the town as a pre-existing short-term rental or whether the dwelling unit does not qualify Far registration. Reasons fdr disquali f_%c_ation will he stated in the written notice; -Alla lications and written responses are public records and will be available for inspection at town hall. (e) ❑eckiOTIS by the town manager pursuant to this- subsection may be appealed to the town council by The applicant or adioinine property owner in accordance with � 34-86. In addition to the criteria in this subsection, the town couricil may consider evidence submitted by the appellant alleging equitable considerations for registration of a dwe_llinp- unit despite noncompliance with a particular requirement of this division. The town council shall consider the advice of Lhc Lown attorney when evaluating allegations for equitable relief. W A notice of'vacation rental. including the contact irifnrmatio_n-in § 34-2-392(c)(9), will be sent. by the town to all property owners located within 300 feet of each dwelling unit that is approved for re istration tinder this division. See. 34-2393 'Perms of remistration and fee. a The initial registration and each renewal ofa lawful pre-existing short-term rental is valid for one year, renewable by January l -of each calendar year. 1'he renewal application must contain: CD Any changes to the initial application information described in ,4-2.392(c_). An affidavit stating that weekly rentals „of the dwellinL,nit have not terminated for any reason tar any 12 -month period since May 21, 2002. tD Nohri7,ed- signatures of the property owner (and the applicant if different than the property owner) attesting to the truth and accuracy-ofZill information suhmillcd with the renewal application and consenting_to inspection of the premises at reasonable hours to determine compliance with town and fire codes. The annual rencwa] Oce shall be S 120 per shorl.-LL'rm rental unit. M Renewal applications shall be processed using the Procedures found in 4 34-2392(d} t Sec. 34-2394. Code of conduct for short-term rentals. (a) The town hereby establishes a code of upnduet that applies to operators and Uuests of all short-term rental units, includine those on the registry of pre-existing short-term rentals and also those rentals beTween one week and one rnont}r [hat are permitted -by- right in accordance with Table 34-2. The code of conduct is as follows-. (IJ Maximum Uccu ane Occupancy of each short-term rental unit must be consistent with the definition of"Fgtgjly" that is found in § 34-2 of I.his code, which defines a family as one or more persons occupying a dwelling unit and living as a„single, nonprofit housekeeping unit, provided that "roup of Five or more adults who are not related by blood. marria2c. or adontion shall nol. he deemed to constitute a family. Ife use Collection: Refuse containers shall not be moved to the street more than 24 hours prior to scheduled curbside collections nor rc:rrIain there more than 24 hours after scheduled collcctions, as required by 6-11 of the Fort Myers Beach land „development code. In addition, if property owner or Page 196 of 222 DriO Jurmar,v J, 2003 properjy manager is unable to comply with this requirement around the weekly pick-up day, arrangements for additional refuse collection must be secured by the operator. Quiet Hours: Between the hours of 10:00 vNi and 7:40 Am, all guests shall observe quiet hours. This means all. outdoor activity, including swimming, shall be kept to a reasonable noise level that is non -intrusive and respectful of neighbors. Town of Fort _Myers Beach Ordinance 96-24 sets limits on noise_levcl.s during Uuiel hours and these levels must be obeyed by„alti�uests. Mandrrtory Evacuations: All guests staving in short-term rental units roust corr!Vly with mandatory _uvaeualions duc to hurricanes and I.ro ica.l storms. as required by state and local (b) Operators are required] to provide guests with the town's cradle of conduct for short-term rentals. LL The town shall provide operators with a printed version of the code ot'conduct and a standardized agreement for compliance. The u perator slialI rrov ide uc:sis o I'short- term renl.a.l units with the code of conduct and obtain the signature of buests on the agreement indicating that they are aware of and intend to comply with the code of conduct. (c) For properties on the registry of pre-existing short-term rental units (,see § 34-2392). the following additional requirements shall apply: Violations of F. S. ch. 549 shall also be considered to he violations ofthis division as 1,61 low"”: _ a. Failure to maintain licensure or any other provisions ofch. 509. b. Failure to elect guests who indulge in any conduct which disturbs the peace and comfort as nrovided by ' 509.141. Repeated violations_ of this division on a registered property shall lead k.) cumulative cnall.ics. These penalties shall accrue as follows whenever a violation results in a fine being: imposed on or paid or whenever a finding of violation is made byajud e_car code criforccrnent. hearing examiner: a. First violation: 5254 fine. b. Second violation: '500 tine. c. 'Third violation: six-month suspension of registration under § 34-2392. d. Fourth violation: two-year suspension of reUistration under § 34-2392. After_a_ny_aeriod of Three years duringwMelt there were no fines imposed or paid] and] no formal iindirigs of violations, of this division, I.he next violation shall be deemed to be the first violation for LLIMOSeS of this section, The code of conduct shall also be posted at the primary entrance. /exit to each short-term See. 34-2396-34-2410. Reserved. rental unit. (c) Operators must prayidc the_town with a current local I.elcnhonc number of a contact for each short-term rental unit. This telephone number must be answered 24 hours a day to respond to complaints. These telephone rtdalobers are public records and will he ava.iIab] e at town hall durinL re -,alar business hours Sec. _34-2395. Enforcement and penalties. (a) The director is auLhorir.ed to pursue any one or combination of the enforcement mechanisms provided in this code for example, 5 1-5. or article V of ch. 2 for any violation of this division. (b) Persons who maybe charged with a violation of this division include property owricrs, operators, rental agents, guests, andl any Other person using the S tructure where the vi«lalion bas been committed. poge 19" rf ?' ? Druf! Jamiem v J. 2003 OPTION FIVE : ] 'acljcrcenl owner" proposal] See. 34-2391. Restrictions on continuous weekly rentals in certain xonina districts. Table 34-2 restricts the rental of anyi2ermitted dwelling unit in certain zoning districts to a single family during; any one-month period, with a minimum stay of one week (see the "Restricted" sub -group of the "Lodging" use group in Table 34-i). The fol Iowirip- exceptions apply to this restriction: This restriction on continuous weekly rentals does not apply to: a. Any land between Estero Boulevard and the Gulf of Mexico. h. Any land dircctly adjoining thc_ bay side o Estero Boulevard. c. Any dwelling unit where the immediate presence of a property owner can be presumed to mitigato any negative effects That might result from continuous weekly rentals. '1'o qualify for this exception, the owner of the dwelling unit or an immediate familv member must be in residence on the premises, or on an immediately adjoining lot, during any mriod when the dwelling unit is continuously rented for weekly periods. (2) Dwellings units on property that uualifie.s liar any of these exceptions may be rented to a single family for periods of one week or longer, without the once -ver -month rnaximurn that would otherwise have aUplied. Sec. 34-2392-34-2410. Reserved. SU: [minimum -regulation proposal] NOTE w if Option Six is chosen: (1) The following restriction in Table 34-1 of this code {page 76) in the "Restricted" sub -group would be modified as follows, "Rental of any permitted dwelling unit to a single familydarrng atr)er7e- mranHrperrml; with a minium stay of one week (see §§ 34-2391--2410 for rules and exceptions)" (2) The following restriction in Table 34-1 in the "Limited" sub -group would be eliminated as follows: " fs e e§4 Sec. 34-2391. Purpose and intent. ['he purpose and intent of this division is to: Establish standards ofrespeciful conduct in residential neighborhoods and educate guest bout those sl.andards. and L2� Increase communication between residential neighborhoods and operators of short-term rental units. Sec. 34-2392. Definitions. Guest means arm patron, customer, tenant_ Iodgrer, boarder, or occupant of a short-term rental trn it. Operator means the owner, licensee, proprietor, lessee. manager, assistant manager. or apL)oinled averit of a short -torn rental unit. Short-term rental unit means anv single-family or two-farnily dwelling unit, or a unit in multiple family building with three or four dwelling; units, which is rented more than three times in a calendar year for periods of one week to one month_, or which is advertised or held out to the public as a vlace regularly rented for periods of one week to one lmm Sec. 34-2393. Code of conduct for short-term rentals. a) Tho following code of conduct annlics to operators and guests of short-term rental units: Maximum OCCUi2aneV: OCupancy of each short-term rental unit must be consistent with the definition of "family" that is found in 34-2 of this code, which defines a family as One or rrtore rrcrsons occupying a dwelling unit and living as a sin—le. nonnrotit Page 198 gf'333 Urufi Avmurp 5, 2003 housekeeping unit., provided that a group of five or more adults who are not related b blood, marriage, or adoption shall not be deemed to constitute a family. Refuse Collection: Refuse containers shall not be moved to the street more than 24 hours prirfr to scheduled curhsidc collections nor remain there more than 24 hours after scheduled collections as required b 6-11 of the Fort Mvers Beach land development code. In addition. if a nronerty owner or See. 34-2394. Enforcement ano penalties. a The director is authorized to pursue anv one or combination of the enforcement mechanisms provided in this code (for example, § 1-5, or article: V of ch. 2) fOT any violation of this division. N Persons who may be charged with a violation of this division include property owners, operators, rental amts, g_ucst_5, and arty other person using, the structure. where the violation has been committed. properly managCT i5 unable to comply_ with this requirement around the weekly pick-up Sec. 34-2395-34-2410. Reserved. day, arrangements for additional refuse collection must be secured by the operator. Veriel Hrlurt_ Between the hours of 10:00 PM and 7M AM. all miests shall observe quiet hours. ]'his means all outdoor activity including swimming. shall be kept to a reasonable noise level that is norr-intrusive and respect Out of ncighhors. Town of Fort Mvers Beach Ordinance 96-21 sets limits on noise levels dutin Quiet hours and these levels must be obeyed by all guests. Mandatory Evacuations;:_ All guests staying in short-term rental units „must comply with mandatory evacuations due to hurricanes and Tropical storms, as required by state and local 1 aws. b ❑ erators are required to provide guests with the town's code of conduct for short-term rentals, The town shall_Wovide operators with a Tinted version of the code ol'conduc1. and a standardized a.greernent for compliance. The operator shall provide guests of short- term rental units with the code of conduct and obtain the signature of guests on the agreement_ indicating that. they are aware of and intend to comply with the code of conduct. The code of conduct shall also be posted at the primary entrance/cxil to each shorl.-term rental unil.. 0 Operators must provide the town with a current local telephone number ofa contact for each short-term rental unit. ']'his teleptu}nc number rnust be answered 24 hours a day to ruspond to complaints. Thesc telephone mimber.s are public records and will be available at town hall during regular business hours Pcge 199 of 222 Oraft January 5, 2003 RE, A .TOR* Assoctation of Greater Fort Dyers and the Beach, Inv. 2840 Winkler Avenue Fort I+'f", Florida 33916 (941) 335-3537, Fax (941)936-2836 Email: aaaaociAtian[u�awlrcalfQre.Ca► 1)ecember 30, 2002 Mayor, Daniel Hughes & Town Council CIO Bill Spikowski Spikowski Planning Associates 1617 Hendrey Street, Shite 416 Fort Myers, Florida 33901-8866 Subject,Town of Fort Myers Beach, Short Term Rental Ordinance Bear Mayor Hughes: On behalf of the membership of the REALTORQ Association of Greater Fort ;Myers and the Beach, Inc., I am writing in regard to a proposed ordinance that would ban short-lerm rentals of certain properties located in designated residential areas in the town of Fort Myers Beach. If enacted, such a measure would have a detrimental impact upon the local economy, property owners, and will definitely have a negative impact on the vital tourism industry. The REALTOR Association of Greater Fort Myers and the Beach, Inc. is opposed to the proposed ordinance banning short-term rentals in residential areas. It is further our contention that such in(curvcntion on the part of a governmental entity constitutes the circumvention of a citizen's private property rights, which is unacceptable. This proposed ban on short-term rentals would render the community unable to fully accommodate the thousands of visitors who visit our beautiful Southwest Florida area, which wi 11 create a substantial negative impact upon our thriving economy. This Association recognizes the efforts of the Town Council's appointed, Short Term Rental Task Force and their proposed ordinance, dated Septcmbcr 13, 2002 for consideration by the LFA mid Town Council. This ordinance is referred to as "Option Three" in Sec. 34-2391. The REALTM) Association of Greater Fort Myers and the Beach, Inc. which is made up of over 2500 active members, would support Option Three as suggested by the members of the Short Term Rental Task Force, as the most viable option for the ordinance which addresses the Short -Term Rental issue on Fort Myers Beach. 19V ®ilia MALTOR This Association also suggests an Option Six. This alternative option would allow short- term rentals in the town of Fort Myers Beach in its present farm with more stringent code enforcement and additional emphases on respectful conduct in residential neighborhoods, including better communications bclween private homeowners and individuals renting their homes on a short-term basis. Therefore, without hesitation, the REALTORS Association of Greater Fort Myers and the Beach, Inc. submits its official opposition to the proposed restrictions on short-term rentals which has been suggested by a majority of the LPA at their December 17, 2002 meeting. The proposed restrictions are based on a variation of Option Two ("workshop proposal' }. This Association requests tlYat you give favorable consideration to Option Three as suggested by the Task Force and the additional option six suggested by this Association. 1 very much welcome the opportunity to discuss this issue with you and the Town Council in more detail. Sincerely, Tom Pieme, President REALTORO Association of Greater Fart Myers and the Beach, Inc. 1fi� �rr�ler ! Fort *Yers Beach I (941) 454-7500 1-BOP-732-9ZU FAX (941) 454-7910 17200 San Carlos Boulevard, Fort Myers Beach, Florida 33931 E Mail: kft61mbehamber com • Web Site: www.lmbchamber.com The Honorable Dan Hughes Mayos, Town of Fort Myers Butch % Bill Spikows1d 1617 Hendry Street, Suite #416 Fort Myers, Florida 33401-8866 Good morning Dan: ANGIE PARKER - Chairman of the Board KEN KATCK0 - Chair Effect ROBIN CALABRESE - Vice Chair DEANA TURNER - Treasurer SCOTT GREGORY - Put Chairman R_,f. P'ETRUCCELIJ - President Thursday 2 Jarinary 2003 I am writing on behalf of the Greater Fort Myers Beach Arra Chamber of Com regarding the proposed ordnianec: that would ban short -terra -rentals of Certain properties in special designated residential areas on Fort Myers Beach. If any change is made to the present ordinance, the results will be disastrous, not only to the economy of our Town but to the economy of all of Lee County and to the property owners here on Fort Myers Beach We truly believe that personal property rights would be violated and we are positive that you would not want this to occur. Our Chamber office receives seveiral thousands of inquiries each year from individuals who are anxious to spend a short time on our beautiful tropical island and our office survey reveals that more than 789A of all inquiries are for stays of less than seven (7) days. Any ban on short -tam -rentals would mean that thousands of our regular visitors would not be accommodated and they would look elsewhere to spend their free time and their dollars. According to the Lee County Tourist Development Council; the estimated loss of tourist dollars to Fort Myers Beach would be $143,000,000.00 •-- if there is a bare on our present short -term -rentals. Every business owner and citizen would be adversely affected! In 2002, the 'town appointed a special Short -Term -Rental Task Force and they prepared an ordinance and this is known as `Option "Three" in See.34-2341 and our Chamber is in full support of `Upkion Throe" and our Chamber also suggests an "'Option Sk", which would allow shoat -ter nk-matals on Fort Myers Beach in its present form with stringent code endvrmment and additional emphasis on acceptable conduct in our residential rieigbborhoods, This would assure better corimmnications between private homeowners and individuals renting their homes on a short-term basis. With this letter, the Fort My+Grs Beach Chamber of Commerce is informing you of its official opposition to the proposed restrictiaus on short -term -rentals as was suggested by a majority of the LPA at their meeting on December 17, 2002 which was based on a variation of "Option Two" ("workshop proposal") - We urge you to gave favorable consideration to "Option Tbrce" which the Special Task Force adopted and "Option Six" as recommended by the Board of Realtors. It would be my pleasure to discuss this with you and all of the members of our Town Council at your earliest convenkme. Angie Parker, Board Chairperson GREATER FORT MYERS BEACH AREA CHAMBER OF COMMERCE Seatll]R Reporter -July 2606 - www.LLULS.org hitpJ'wvvvvv.cluls.orhljuly2OOO brook�s.html Overview - Executive Council - Section Administration - Publications Section Reporter - Membership - Projects & Committees - Public Education ... Seminars & Workshops . Special Projects - t.in$} s - Discussion - Search Section Repprter Larry Sallers Chair RUbeR Mannin;� fo it = rr7'iti0 ani Ca;r y Sellars Ed:".ors M Vacation Rentals, Improved Subdivisions and the Florida .Kers: Properl►• Right or Incompatible Land Use Ralf G. Brookes 001rm,�rl% tipc� I t11 Cour._; ao M(%I mn,� [ ;oum� a July ` 000 'I he Norida Keys are the canary in the coal mine, an early indicator of issues that will affect Florida's future. For v isitors from Dade, Brow aid, Palm Beach and beyond, the Keys evolvcd into Florida's pluyground. To these casual vkitorrs driving south on US 1, the residential communities of rhe Keys are easy to overlook. IIut to the nro�,vth management practitioner, the geogruphically limited islands are reminiscent of Darwin's isolated Galagapos. a hothouse for the evolution of issues that eviII eventually affect other parts of Florida. The communities of the Florida Keys date back to a time when more people lived in Key West than 'v1iam1. When wrecking, the rescue and plunder of'ships unfortunate enough to run into the reef brought Key West the title of the .wealthiest city in the United States, only to later declare bankruptcy. Shipping channels were replaced by rail and road, access, commerce and the economy were forever altered. Original rail worker encampments on Pigeon Key gave rise to the fast gruv,ing vornrnunitics of Marathon, islamorada, and Matecumbe. Tourism hecamt the number one induslry. On the islands connected by bridges, developers dredged row's of canals and platted the seeds of new communities on the .spoils. 'Tarpon, bonefish, tuna, snapper, evcn conch and lobster could be caught in abundance. The idyllic fishing and boating in the cry sial, gin -clear waters that surround the islands proved hurd to resist. Subdivisions sprung out of the low-lying islands oi'C'udjoe, Big Pine and Durk Key. More and marc people .yore drawn by the lure ol-the Keys. The coral reef is now the center of recreational diving in the United States - all vv ithin a fc.v hours drive o1'south Fli+rida. Our love for Florida's own set of Caribbean Islands grevw as last as its population and threatened to bring about its early demise. C'ommercial uses along US I turned the Overseas I Iighvway into a corridor of, shell shops. strip malls and convenience stores seeming to stretch Un forever, evcn by Florida standards. Ilut with the provision of all the commercial conveniences of south Florida, lice in the Keys became even more comfortable, and residential development in Monroe County continued to flourish. More and rnort people built homes Uri fragile islands connected by bridges, but not yet sen ed by modern sewers. Many became full-time residents and thrived off-thc tourist -based economy. Other people built second homes - their place in the islands for seasonal .vacations or retirement. Still others brought RVs and mobile liomes and left them in the Keys Ii:r occasional visits. l-lurricanc evacuation times on the 0vrrscas I Iighv.ay reached 30 hours: growth outpaced even the meieorologist's ability to eslirnale impending landfall. Some local residents Livored state oversight of local land use decisions. Local decisions were loo niten motivated by desire for even more development at the expense of the environment and quality of life. The fox was in the henhouse and Florida's unique national treasure was at stake. 'I he stale legislature adopted Chapter 380, recognized their plea, and the I1onda Keys became one ofthc most important, and already over -developed, Area of -Critical State Concern. Decisions made in the Keys were from that day Iorvvard placed under a state microscope, as state oversight brought local land use and grovvth management decisions to the halls of l'allahassee. Many ctf the ideas ori ginal Iy contained I ol-4 1/5'03 2:28 13M Section Reporter -Jelly 2000 - ,vww.I:1.I11.S.orh ht1p-1'www.c1uls org+ july2000_hronki_s hfml in Chapter 380 eventually made their way to the rest of- f-lorida under Chapter 163 in Florida's C;rnvvth Management Act of 1985. Vacation rentals are the newest in a long line of hot issues to make first landfall in the Florida Keys. You have probably seen them in your community or where you vacation. Perhaps you have even rented one. Every land use practitioner vvho has seen a vacation rental in ail improved subdivision roust turn their head and wonder; What is it ztmid? Is it allowed? And what do dhc neighbors think? As a firmer Monroe County planning director testified, the vacation rental issue was prevlou5ly not a problem requiring the adoption of an ordinance- In the recent past. there were perhaps less than 100 such vacation rental units. Rental agents now esti rnate that there may be metre that 4100 vacation run [a] units iri Monroe County alone. The vast majority oaf -these vacation rentals are located in improved subdivision land use or zoning districts,, which have traditionally served as family neighborhoods for more permanent residents of the Florida Keys. As you might imagine, neighbors became concerned. A number of potential adverse impacts on neighborhoods, community character and the environment, werc raised. A self' -imposed vacation rental agent "hot line" was created to respond to neighbor complaints, but Jid little to appease the most vocal opponents who would rather call their Commissioner, The County Commission asked the County attorney to bring a test ease under the nearly silent existing Code, which he likened to "going to play major league baseball, vv ith a whiffle bat." Thus. in 1995, the Monroe County Board of County Commissioners directed that a series of public hearirigs be held to draft an ordinance Ilia( expressly addressed vacation rerilals in residential neighborhoods. After d public helirings, competing local interests reached a stalemate- The planning commission recommended two ordinances to the County Commission: one allowing vacation rentals arid one prohibiting vacation rentals, The County Commission fared little butter and was unable to decide the politically charged, hot issue of - the day. I he realtors asked for an advisory referendum and the Commission willingly agreed to put the matter on the ballot. In Novem her 1990, the 1,611ovv ing question was posed directly to the voters: "Should transient rentals of less than 28 Jays be a[Iowed in (IS) Itri proved Subdivisions?" The voters of Monroc County responded 51%, to 49%, in favor of prohibiting transient rentals of less than 28 days in Improver] Subdivisions. The Board of County Commissioners iv as back in the hot seat, and after 3 mere public hearings, finally passed and adopted Ordinance 004-1997.'1 he Ordinance prohibits vacation rentals of less than 28 days in Improved Sir hdivisions (IS) and other environmentally sensitive areas. but allows vacadicn rentals in most commercial districts. The Ordinance also created a new land use sub -district, called "Improved Subdivision -Tourist Housing (IS -'fl" district, which expressly allows short-term vacation rentals. Where vacation rentals are allowed, a special permit is required under standards regulating short-term vacation rentals to ensure that the use was compatible with surrounding land uses, community character and the natural environment. Although uny IS district could be rezoned IS -T subject to a sol of standards to prevent spot re -zoning,, the rental agents claimed that ohtaining an IS -T rea.oning would he a difiieuIt, ii not insurmountable task. Because the Ordinance affects the use of land in an Arca ol'Critical Slate Concern, See (ion 380,05. Florida Statutes, mandates that amendments to local land development regulations he reviewed by the Department of Community Affairs, Inr consistency with the Principles for Guiding Development set forth in Section 380.0552, Fla- Stat. Notice of a proposed rule approving the Ordinance vv as published in the Florida Administrative Weekly, and a challenge v. as liled udder Section 120.56, After the 12 hearings that were previously held by the local government, the state held 3 more public hearings on the issues. In the interim- nevv ly amended Section 380.05(6) Fla. Stat., became cffectivve and changed the rules ofthe gat ne in niid-streain; the Department was novo rcquircd toy approve or reject the Ordinance by final order, rather than by rule. By stipulation of the parties, the DCA withdrew its proposed rule {which might have been subject to the APA's EIS requirement} and filed a final order instead- The DCA's final order vas then challenged and taken to hearing by a group of propuriy owners, the tteuIV-formed Vacation Rental Managers .Association, dhe lower Keys and Marathon Chambers of Commerce, and the. Pacific Lcgal Foundation. as an amicus. At the request of the Department. Monroe County intervened and led the delcnse of its ovm Ordinance in the state Administrative l Iearings conducted tinder Sections 120-569 and 120.57(1), Fla. Stat. Both the At,] and the 5eeretary found the Ordinance to be consistent with the Principles fi r Guiding Development adopted under the Florida Keys ACSC. Rathcamp v. DCA and Monroe County (Final Order DCA98-OR-184, DOAI I Case No- 97-5952), The petitioners then appealed this decision 2 of4 1/5!O 2-28 PM Seclivn Reporter -July 2000 - wvvw.FLULS. urg lutea:'vvvvvn.cli�ls.arglluly2000 brooks:s.html to the 3rd DCA. Rathcarnp v, DCA and Munroe County. 24 Hu. L. 11 eekly D1807 (Fla. 3rd DCA. August 1:3, 1999). In August 1999 Third Distriet Court of Appeal found that there vv as .Stihstanlial, competenr evidence sufficient to support the DCA's Final Carder approving Ordinance 404-1997. 'Three years after Monroe County's initial public hearings on the issue. the vocal opponents of vacation rentals had the final decision they hues boort seeking. 'I he vacation rental case of Rathcamp is rem inist:ent of the landmark zoning case of Village of Euclid v. Ambler Realty Co_ 272 G.S. 303 (1926). Central to both Euclid and the instant case, is the concept that uses of property may be separated into compatible areas. As the ALJ noted in Ralheamp, vucatiuri rental "is more; like the rental of a hexcl or moitcl rental. rather than the lone -term lease of property." Tailing to separate such COM merCial uses or allowing them to proliterate unregulated, can result in many impacts. some ofthem expected and some unintended. What issues anti valid cunverns were raised in this hearing and sustained by the first District Court of Appeals? The AI..1 noted the INIowing types ofproblems "not uncommonly associated with short term rental property'/dthey stay up later at night. late ;light parties are not limited to weckerods, exccssivc number of vehicles, bouts, .jct skis, RV's (with noisy sell -containing generators). and boat trailers, which they park in driv'eway's, } ards or on residential streets, multiple boats docked on seawalls." The ALJ also (bund the vacation renter to be 'un famiIitar with garbage and recycling schedules, trash and garbage are left outside several days before pickup, unFull iiIiar pets arc left to roam free, [and] occupants are less likely to adhere to neighborhood practices. Iess concerned about trespassing on seawalls and yards, [and] less familiar with nearshore wal.ers." Noiinf that those traits are not limited to vacation renters, but are also caused by some permanent residents_ the A1: J distinguished "the degree to vv hic:h the problems are caused [as] much higher''/4" for v ilcatiun renters. Partly because thcy have "less reason to be concerned,'/,they will be leaving the community in a short lime." I urther, the AI .J noted that nor all owners use local managers and as ahsentee owners, "are not available to handle complaints as they arise." Although many ofthese issues etre addressed by state and local ordinaricn, the local police and code enforcement process are poorly equipped to handle the problems created by vacation rental tenants night after night, week after vvicek by an ever-changing .stream ol'tenants. For the Keys tourist, recreational activity is the rule, on a daily basis, ruin or shine. Continuous lien is a temporary vocation. But for the residents, the keys tyre home a place where people have to get up and go to work in the morning. 'l he AI J placed emphasis on the community character issue holding that "the crucial issue is essentially a local one and consequently, some deference should be afforded the County to maize this difficult choice." This is primarily because the "urdinunce dues no harm to the environment and waters of the Florida Keys ACS C. and, in fact. has some small beneficial conscqucncc to the environment." Although seen as minimal when compared to the community churuc(or issues, these small heno: III ts resulting from the 01Jinuncc accrued for the Keys sensitive cnvIronmcnt. 'Iourists utiIir.ing vacation rental homes arc generally unfamiliar with the shallow patch reefs, the ecological importance of seagrass beds and many of the federal and state -listed endangered and threatened species within Monroe County, such as Key Deer. For example, feeding Key [ager is a popular. but illegal, tourist activity; as it eircouragn the diminut ivc deer to interact and rely on humans for fond. I!ac h vvicek, a neve group of tourists must be re-educated to the sensitive nature of the islands, nor just garbage Jays and school -night. parties. Eduvutiun is made more difficult when tourists are dispersed throughoul neighborhoods and no longer concentrated at traditional hotels and marinas. Navigation routes are frequently unmarked, and markedly different at the end of each residential canal within each IS district. Arid there arc no marina personnel to guide thorn. What appears to be a boater's paradise from the seven -mile bridge. nearshore waters are filled with coral heads and scagrass I]ats. 'l hese ohstacIes can be obscured from v iev+ under less than optimal conditions when tourists are more likely to "venture out" than peruiunerit rusidems more familiar with the waters, and who can Inure readily wait for sunny days when the water is easier to "read." Outdated septic tank .sys.tems would require review with a (:flange in use review to prevent adverse vvat.er quality impacts. Septic tanks for most single family Icurnes in the Keys were approved many years ago vv]ien the home was first constructed. Siriglc- limiily homes, hotels, and cottages all have a different ininiinurn required capacity. In addition, a current maximum density loading is four (4) septic tanks per acre. The HJA Septic Tank Manual, states Thai a "dry" arca of at least 4 Ieel should exist between the septic system mat and the watertahle. The vvatertable in most of the islands areas in the <eys is insufficient to obtain a 4 loch differential. Many lots, platted and developed long ago, do not meet the current standards. 3 o14 1 /5:'63 2 A Ph1 Stxtiun Reporter -July 2000-Hwm.ELULS.org http'Phvww cfuls nrg;jidy7.[100 Urnuk s.html Restrictions on new housing, created by the dwelling unit allocation ordinance (commonly referred to as ROCO or the Rate of Growth Ordinance) have exacerbated the demand for Inng-term rental housing For permanent residents. The return otf- nearly 4100 vacation rental homes to the long-term rental market may in turn "free up less expensive housing%that wi11 generally trick- le-dotiin through the entire housing market" and provide more affordable housing for all sectors ol'the pupulation as required by Section 380.0552(7)(]), Fla. Stat.. The A noted that when determining consistency with the principles under Section 380, "it may be determined that some ofthe principles have little or no application," and the principles must be construed as a whole. The Ordinance had little or no bearing on the other principles n1'Section 380,0552. AIthough not specifically addressed in the administrative hearing, and not raised on appeal, it is also unlikely that the Ordinance �,eould result in an unconstitutional taking, either nn its Face or its applied. The; ordinance does not completely pro hihit vacation rentals within Monroe County. Vacation rentals are still allowed in many zoning districts, including the ncvv ly-created 1S -T. There is still it consumer market for vacation rentals in self regulating cundominiurn s and gated communities. which are exempt under the Ordinance. Other municipalities within Monroe County. such as Key West, the newly incorporated Village. of Islamorada. and Key Colony Beach have yet to expressly regulate vacation rental uses. I'hc AI,.I did consider these areas as mitigating against the dire predictions of a modern day bankruptcy in Margaritav i I I e reminiscent of Ivey West's economic past. A rational basis for separating commercial uses from residential dates al] the way back to Euclid, But hint isould the courts treat such a hyhriV The regulation neither prevents other uses of property nor results in an unconstitutional taking as applied to individual landowners in most conceivable instances. Homes in IS districts that can no longer he used as vacation rentals can still be rented to long-term residents. Weekly rates and rental agent commissions are higher for short-term vacation rentals. But the, petitioner's own testimony was that on average it is moire profitahle to the landowner 10 rent longi term than short-term, due to the full-time occupancy rate. An owner may also apply for rezoning of property tS-l', and it they no longer wish to occupy a second home themselves. Or stn uw rter could still rent (or even sell) their hmjw fora reasonable return to someone for use as a ptire] y residential, single family home. A ripe. takings claim under this ordinance would he hard to make, --and may be even harder to find than the last mango in paradise, but not. as hard to find as a vacation rental even under the nevti ordinance. [Stay tuned for the enlorcemcnt story'. FP 4 u1-4 1/5/03 2':?8 11 N1 City of Encinitas City Clerk 505 S.Vulcan Avenue Encinitas, CA 92024 76o -633-260o OFFICIAL USE Date R'ced$ Check 4 Initials SHORT-TERM VACATION RENTALS APPLICATION ANNUAL FEE: $150. Iupplicution E-rr is not refundable) YOU ARE REQUIRED TO SUBMIT THE FC1LLOWING ITEMS WITH YOUR APPLICATION: Site plan and floor plan to document items„ It 4. U and >~ (page 2). Copy of blank rental/lease a rg eeilient. with conditions listed in a�_,ruem-ent (i.e. occupancy, parking. &. trash disposal requircrricnls pursuant to Section 9.3&040.B-11} 1. Applicant's Name: Mailing Address: Telephoric: (Honic) yip (Work) E-mail: (Cell phone) 2. Property Owner: (if different from above): 3. ]Name: Mailing Address: 1.1 Telephone: (Home) (Work) E-mail: (Cell phone) Property Management Company: (Specific Contact Person required for all the above) Nanie: Mailing Address: Zip. Telephone: (24 hour 17 day) (Fax) _ E-mail: (Cell phone) 4. Description of the dwelling: A. Address/Lc)catic)n: B. Assessor Parcel's Number (APN): C. Unit type: J Single-family home (Check one) J Duplex J Room or portion of dWe111I11" unit. Descr1 bc: D, Numbcr of bedrooms: E. Number of off-street parking spaces: I HEREBY CERTIFY UNDER PENALTY OF PERJURY THAT THE STATEMENTS MADE IN THIS APPLICATION ARE TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF. I UNDERSTAND THAT ANY FALSE STATEMENTS OR INFORMATION ARE GROUNDS FOR DENIAL OF THIS APPLICATION OR REVOCATION OF A PERMIT. NOTE: ANY MISUSE OF THE PRIVILEGES THIS PERMIT ALLOWS OR MULTIPLE COMPLAINTS RECEIVED BY THE CITY COULD CONSTITUTE VIOLATIONS OF THIS PI:RMITAND SUBSEQUENT PENALTIES AND/OR SUSPENSION IMPOSED. Signature: (Name) (Print :Name) (Date) APPROVFI / I)r~CLINED by Ck:cupancy Limit Planning Department Parking Limit Code Enforcement NO BUSINESS REGISTRATION REQUIRED. 2 VACATION RENTAL SAMPLE SITE PLAN & FLOOR PLAN 22 Neptune Ave PORe RAW - _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ --- -i _ — — — — — — — — — — — . 17 feet Min Parking Space width 8'- 5" per space I Property Line IS Feet 1 � I � 0' x O') V V o ISitchen Lnnng Rm I I I � U- Kedrm I I i Den INo closet) i Bedrm 2 I{[: i Bathrm I y 1� • Scale: F= 401 Applicant to provide the following information an the .sitelfloor plan: Address: Assessor Parcel Number Zoning: Number of Bedrooms: Number of Parking Spaces: Nate: I Al! on-site parking must be located on primate: propert.. It must be dimensioned and meet city parking standards a. S'- G" -x 15" exterior spuc.es and S'- G' :r 19' enc lo.sed .spaces h. 2 car garage must have minimum 17'x 19' clear .space, for parkittg c.•. Tandem parking is allowed.for one space only. d. All designated spaces shall be available for the occupants 2 Bedrooms must have a btcilt-in closet and be separated from other rooms with a door. 08106 CHAPTER 9.39 REGULATING SHORT-TERM RENTALS_ Ordinance 2006-05 9.38.010 9.38.010 Purpose—Findings and Determinations. The City Council finds and determines that the City has reeci�-ed numerous complaints related to Short -Term Rentals including, but not limited to, excessive noise, disorderly conduct, illegal parking, vandalism, overcrowding, traffic congestion and excessive accumulation of refuse. The City Council further finds and determines that these adverse impacts are related to the transitory nature of the occupants of Short -Term Rentals. The purpose of this Chapter is to establish regulations to address and mitigate these adverse impacts. This Chapter is not intended to regulate non - vacation type rental arrangements not generally characterized by the adverse impacts referenced in this Section. 9.38.020 Shorn -Term Rental – Defined. Short -Term Rental" means the rental of any structure or any portion of any structure for occupancy for dwelling, lodging or sleeping purposes of 30 consecutive days or less in the City, including single-family or duplex units. 9.38.030 Short -Term Rental – Permit Required/Penalty.,Any Short -Term Rental shall obtain a Short -Term Rental Permit pursuant this Chapter. Any person operating a Short - Term Rental without a permit shall be guilty of a rnisdcrncanor. 9.38.040 Shorn -Term Rental Permit - _Requirements. Short -Term Rentals shall be regulated in all residential cones including residential developments in PRDs (Planned Residential Districts), as follows: A. Application Requirerricrrts: 1) Applicants shall submit an application for a Short -Term Rental Permit to the City of Encinitas each year for each unit. The application for a permit shall be accompanied by a non-refundable application fee as established by the City Manager, however, the fee shall be no greater than necessary to defer the cost incurred by the City in administering the provisions of this Chapter. Although the applicant may be the property owner or the property owner's agent, the property owner shall be the party responsible for compliance with all provisions of this Chapter and all of the laws regulating Short -Term Rentals. 2) Upon change of property ownership or material fact, a new application for a Short -Term Rental permit shall be rcyuired to continue operation of the Short -Term Rental and within 14 days of said change the property owner or his or her agent shall submit the required application and fee. 08106 9.39.04OA3 3) Granting or Denial of Application: The application shall be granted unless the applicant does not meet the conditions and requirements of the permit, or fails to demonstrate the ability to comply with the Encinitas Municipal Code and other app] icable law. 4) Any false statements or information provided in the application are grounds for revocation and/or imposition of penalties. as outlined within this Chapter. B. operational Requirements: 1) Applicants shall use "best efforts" to insure that the occupants and/or guests of the Short-Tcrrn Rental unit do not create unreasonable noise or disturbances, engage in disorderly conduct, or violate provisions of the Encinitas Municipal Code or any applicable law pertaining to noise, disorderly conduct, overcrowding, the consumption of alcohol, or the use of 111egaI drugs. 2) Applicants shall, upon receiving notification that occupants or tenants of his or her Short -Term Rental unit have created unreasonable noise or disturbances, engaged in disorderly conduct or committed violations of the Encinitas Municipal Code or applicable law pertaining to noise, disorderly conduct, overcrowding, the consumption of alcohol or the use of illegal drugs, respond in a timely manner within 2 hours of the time the initial call (complaint) was made, and within 24 hours of the initial call use best efforts to prevent the recurrence of such conduct by the occupants and to take corrective action to address any violation. Failure to respond timely to two (2) or more complaints regarding tenant violations is grounds for penalties as set forth in this Chapter. It is not intended that the property owner, local agent or contact person act as a peace officer or place himself or herself in an at -risk situation. 3) The property owner or agent shall limit overnight occupancy of the short-term rental unit to a specific number of occupants not to exceed two persons per bedroom plus one additional person per dwelling. All other applicable occupancy laws shall apply. 4) The property owner shall limit the number of vehicles of overnight occupants to the number designated in the permit which shall not exceed the number of designated on-site parking spaces. All designated on-site parking spaces shall be made available for the vehicles of occupants. 5) The property owner or agent of a Short-Terrrr Rental unit shall comply with all the provisions of the Encinitas Municipal Code. 6) Trash and refuse shall not be left or stored within public view except from sunset of the day prior to trash pick-up until up to midnight on the day designated for trash pick-up, All trash will be in approved receptacles pursuant to Section 11.20.090 of the Encinitas Municipal Code. 08/06 9.3 S.040B 7 7) The City Manager or his or her designee shall have the authority to impose additional standards and/or conditions to Short -Term Rental permits as necessary to achievc the objectives of this Chapter. H) Interior- Display of Short -Torn Rental Permit. Applicants shall affix the Short - Term Rental Permit on the inside of the main entry door- of each Short -Term Rental unit to which it applies. The interior display will also contain the maximum number - of overnight occupants perrnitted to stay in the unit, the maximum number of vehicles for overnight occupants, and a 24-hour 7 -day phone number of the private party responsible for the facility. 9) Exterior Display of Short -Term Rental l_lnit. Applicants shall display on the exterior of a Short -"berm Rental unit, a notice provided by the City containing a 24- hour 7 -day phone number for a private party responsible for the facility to take complaints regarding its operation. The exterior display will also contain the number of bedrooms, maxirnurn nurnbcr of overnight occupants permitted to stay in the unit, and the maximum number of vehicles for overnight occupants. The. notice shall be in plain view of the general public and/or common areas and shall be maintained in good condition at. all t.i mcs. 10) Adjacent Property Owners Notified. Applicants are also required to provide adjacent property owners with the 24-hour 7 -day phone number for a private party responsible for the facility. 11) Rental Agrccmcnts. Information on the permitted occupancy of the dwelling, parking capacity for each unit, and trash disposal requirements shall be stated in the rental information and agreement provided to prospective renters, prior to their occuparlc'y of the Unit. 12). The Operational Requirements may be modified by the City Manager based on site-specific ctrcurnstanc-cs for the purpose of allowing reasonable accommodation of a Short -Term rental. All requests must be in writing and shall identify how the Strict application of the Operational Requirements creates an unreasonable hardship to a property, and if the requirement is not modified, reasonable use of the property for a short-term rental would not be allowed. Any hardships identified rmrst relate to physical constraints to the subject site. Such hardships cannot be self-induced or economic. In addition. any modification to the Operational Requirements cannot further exacerbate an already existing problem. 9.38.050 Violations and Penalties A. Violations: The following conduct shall constitute a violation for which the penalties specified in subsection (B) may be imposed, or the penalties imposed and permit stl spended : 08.06 9.38.050 1. The property owner has failed to comply with the standard conditions pursuant to this Chapter: or 2. The property owner has failed to comply with additional conditions imposed by the City Manager pursuant to the provisions of 9.38.040BT, or 3. The property owner has violated any provision of this Chapter; or 4. The property owner has failed to pay applicable taxes or fees. B. Penalties: The penalties specified in subsection (A) shall be as follows: 1. For the first violation within any 24 month period, the penalty shall be a fine of $250; 2. For a second violation within any 24 month period, the penalty shall be a fine of $500; 3. For a third violation within any 24 month period, the penalty shall be a fine of $750-, 4. For a fourth violation within any 24 month period, the penalty shall be a fine of $1000.00 and suspension of thc. permit. 9.38.460 Imposition of Penalties/Suspension — Procedure. Penalties, including a notice of violation, shall be imposed, and permits shall be suspended, only in the manner provided in this Section. A. The City Manager- Shall cause an investigation to be conducted whenever there is reason to believe that a property owner has failed to comply with the previsions of this Chapter. Should the investigation reveal substantial evidence to support a finding that a violation occurred, the investigator shall issue written notice of the violation and intention to impose a penalty, or penalty and suspend the permit. The written notice shall be served on the property owner and operator or agent and shall specify the facts which in the opinion of the investigator, constitute substantial evidence to establish grounds for imposition of the penalties, or penalties and suspension, and specify that the penalties will be imposed and/or that the permit will be suspended and penalties imposed within 15 days from the date the notice is given unless the owner and/or operator files with the city clerk the fine amount and a rcclucst for a hearing before the City Manager. B. If the owner requests a hearing within the time specified in subsection (A), the City Clerk shall serve written notice on the owner and operator, by mail, of the date, time and place for the hearing which shall be scheduled not less than 15 days, nor more than 45 days of receipt of request for a hearing. The City Manager or his or her designee shall preside over the hearing. The City Manager or his or her designee shall impose the penalties, or penalties and suspend the permit only upon a finding that a violation has been proven by a preponderance of the evidence, and that the penalty, or penalty and suspension are consistent with this Chapter. The hearing shall be 08105 9.38.060E conducted according to the rules nornially applicable to administrative hearings. A decision shall be rendered within 30 days of the hearing and the decisinn shall be appealable to the City Council if tiled with the City Clerk no later than 15 days thereafter. pursuant to Chapter 1.1?. 9.38.070 Permits and Fees rim Exclusive. Permits and fees required by this Chapter shall be in addition to any license, permit or fee required under any other chapter of this Code. The issuance of any permit pursuant to this Chapter shall not relieve the property owner of the obligation to comply with all other provisions of this Code pertaining to the use and occupancy of their property. 9.38.100 Private Actions to Enforce. Any person who has suffered, or alleges to have suffered, damage to person or property because of a violation of this Chapter may bring an action for money damages and any other appropriate: relief in a court of competent jurisdiction against the party alleged to have violated this Chapter. Nothing herein shall be deemed or construed to creatc any right of action against the City or any of its officers, employees, or agents. The sole purpose and intent of this Section is to create a right of action between private parties, entities and interests, which are or may be impacted or affected by various aspects of Short -Term Rentals within the City. Ci tyy of Solana Beach Short -Terms► Vacation Rental Regulations [1.213812043} I. Purpose of The Regulations 11. 1 Want to Operate a Short -Term Vacation Rental; What do I do? III. Viiolatians and Penalties N. Short -Term Vacation Rental Permit Application I, Purpose of The Regulations Tne purpose of the Shot. -Term '- acation Renta. Perwit s to sareguard the peace, sWeryr ana genera! welfare of the re&derts of Solana beao-i and their visitors arc guests oy e i minating noise. varaal.sm and overcrowding. Rental for ess tnan 7 corsecit we calencar days in duration witn.n a l resicential zoning distr cts is prohlbited. Al rentals o` more than 34 consecutive days in curatior, .r residential zon_ng distrcts are not required to obtain a Short -Terni 'Va cation Rental Perni:t. 11. 1 Want to Operate a Short -Term Vacation Rental; What do I do? Fal: out an appl=caf>on to obtain an aT-, n Liail Short -Terra 'v'acat.on Rertal Permit from :he Cite of Solana Beacn (fin application is enrcluded at tlrg end of this document.) Tne Short -Term ''r`acat,on Rental s subject to all provisions of Chapter 4.C4 of the Solaria Teach Munici::a Cede, inc uding the to lowing: IF A PERMIT IS REQUIRED... App !cants shal complete and .submit the attac.ned appl cation with a c-ieck for $40 for a Short -Term %-'acation Rental Permit to the C ty of Solana Beach as soon as possible. The fee associated with tze Permit appl cation shah be identica to the amount required for a 9usiness Vertir:cate T -ie Appl<cant may be the owner or the aYwre♦r's agent, and steal be the party respons Isle for conic iance w-,th al' provisions of this cnam,er and all of •he aws regulating short-term vacation rentals. APPLY AT SOLANA BEACH CITY HALL: THE PROPERTY SHOULD NOT BE USED FOR NON-RESIDENTIAL PURPOSES: 4 OCCUPANTS SHOULD NOT CAUSE UNDUE NOISE: ...OR ENGAGE IN OTHER DISORDERLY CONDUCT: Granting or Denial of Aoaication: The appAcation shall be granted unless the issuing officer makes one or more cf he find ngs container n 5BMC Section 4 04 090 The Shar"--Terni '.'acation Rental Permit folder will to suo_ect to Penalties as ser forth :n Section 4.47.070 in the rol owing instances in the event the Short -Term `;acation Rental unr is ;orated in a residential zoning district anc is rented `or stay -s cf less than 7 consecul i-ve ca. endardays in duration, or b I n the event that any person holding a nermit issued pursuant to anis chapter violates or cajs-s or pemm is to ye v.olated any of the provisions of this chapter or any provisions of any other ordinance or la's re.ating to or regulating such bisiness. or conducts or ca=ries on such !business n an Lnlawful manner, or for any reason far which the oerrnit application could 'rave been denied in accord anceMh S6M;_- Section 4 04 090 c. Fail -ire o= the cwnerslowrers agent to respond to txo ;"2} or more r:omplaants as re:, wired oy th-is section. rpp.icatrs St.W] use nest efforts to ^sure that the oc cuparts andrer guests of the Short -Term Vacation Rental unit :o not create a nreasonaba noise or disturicarses, engage in d.somery conduct. or vioiate previsions of this Code or any ;tate Lav: aertain:ng to noise. disorder} conduct overcrowding, tie censumption o --alcohol. or the use of illegal drugs. Kpplicams shal , por^ .^.ctrlcation 'hat occipants or tenants of his or her Shor-Term'racation Renta unit have created urreasonable noise or d<sturbances, engaged in disorderly conduct or committed violations o' this Code or State Law pertaining to noise, XA cisorderly Conduct o'Jercra&d ng. *ne consumption of alcohol or the use of it &gal Wags, use best e�orts to prev'en- a rec6rrence of such conduct by those occupants or guests and shalt respond to :"re noo'cator of vclatio^.s vv.thin 24 hour. Fa;ljre to respond to mo ;;2; or more complarsts regarding tenant viol ations is g rounds for penalties as set forth in Section 4.47.070. xpo icanz of the Snort -Term %,acation Renta. shall comu Y wit! al the prow-sions of the Solana Beac-r Municipal C ode. THE GOAL IS A FUN VACATION.,. T WITH RESPECT FOR THE NEIGHBORHOOD. III. Violations and Penalties a . he City Counc i shal. have the aitiori?y to impose addi'•.ional stan-nard cord t ons applicab:e to al Short - Term v'aca on Rental unik@, as necessary to achieve the oev sect ves ol this chapter and shall not -by .all Short - Term 'Y'acai:ori mental pern-it holders of any change in standards ado table to the permits. A fee n ;tie an-oLnt o' the Bisiness 4ertilcate fee sna.l be pais in cen,uncdon tv:th the pemrt application. %`io ations. Failire to complywith the concitars specified ire this c7aoter snail constlute a violas<on -or Much penaittes way ce irrposed. penin ties -or vioiations s -1a I ire ssjed in ,rating by the ssj ng officer goon docimented veriFir-ation of a violation. Tne issuing officer sha=1 rotif°y the appl cam n .&sting of the penalty to be imposed for violators Sp eclf ed as fo to%,s: THE ISSUING OFFICER CAN IMPOSE PENALTIES FOR VIOLATIONS. For '-re firs; violas on wfth;n: any ^,ve ve ;12), nlontr period the ,oenatty shall be two hundred and fifty dal ars i$500 -00,i =or a second violation-,&,ithin any r�velve (12) ntontn period. the p�ena'ty shall ne €ane thousand ooilars k 5 1 12 ..2.----'I. 3. For a third vio atian win n any tweive {12; rflontn period the issAi ng officer shal hold a nearing a:irsuani to SBM-' Section 4.04.110 and the permit shat be revoked far a period o' one year. Appeal Process Hearings and appeals sha be made in accareance ovin SBNIC Chanter 4.04. THERE IS Ali APPEAL PROCESS IN CHAPTER 4.04 OF THE SOLANA BEACH MUNICIPAL CODE THAT AFFORDS YOU A CHANCE TO BE HEARD. IF YOU SO DESIRE. Notice To Your Neighbors Respond Promptly to Problems �7 44% V ItTaS Don't Overcrowd the Unit APPLICANTS ARE REQUIRED TO PROVIDE ADJACENT PROPERTY OWNERS WITH THE 24-HOUR 7 -DAY PHONE NUMBER FOR A PRIVATE PARTY RESPONSIBLE FOR THE FACILITY. APPLICANTS ARE REQUIRED TO PROVIDE A RESPONSE WITHIN 24 HOURS, INAPPROPRIATE AND;OR NON -RESPONSE SHALL BE GROUNDS FOR A VIOLATION AND -'OR PENALTY, Pleas be advsed that tie number o' renters allg% ed T the snit is governed by California Health & Safety Code § 17992(al {1) (b) as l'vlla4�s; "Roar. dimensions (bi Floor Area: Dwel ing units anc congregate resdences shal have at least one rconi wNci shal have not less than 120 square feet of floor area. Dther h abitab a ra),nn except kitchens, shall nave an area of not eSS than 70 square feet. 'A Iere nzre than t.+jo persons occupy a room used for seeping pirposes the req,j.red floor area 5hal :e increased at the rate of 50 square feet for each occupant in excess of two." Applicants shall limit occupancy accordingly CITY OF SOLANA BEACH SHORT-TERM VACATION RENTAL PERMIT APPLICATION: Please fill out one application for each building in which you propose to conduct a Short -Term Vacation Rental. This permit must be renewed at the beginning of each new year in order to continue to operate the Short -Term Vacation Rental. SHORT TERM VACATION RENTAL RULES AND REGULATIONS SHORT-TERM VACATION RENTAL PERMIT — SOLANA BEACH MUNICIPAL CODE (SBMC) CHAPTER 4.47 Sections: 4.47.010 Purpose 4.47.020 Operative Date 4.47.030 Definitions 4.47.040 Prohibited Rental Duration 4.47.050 Exceptions 4.47.060 Obtaining and Retaining Short -Term Vacation Rental Permit 4.47.070 Violations and Penalties 4.47.080 Display of Short -Term Vacation Rental Permit 4.47.090 Exterior Complaint Phone Number Display 4.47.010 Purpose The purpose of the short-term vacation rental permit is to regulate the activity of renting a dwelling unit in a residential zoning district for a period of seven (7) to thirty (30) consecutive days in order to safeguard the peace, safety and general welfare of the residents of Solana Beach and their visitors and guests by eliminating noise, vandalism and overcrowding. 4.47.020 Operative Date All short-term vacation rentals that exist at the time of the effective date of the ordinance codified in this chapter shall apply for a short-term vacation rental permit. All short-term vacation rentals proposed after the effective date of the ordinance codified in this chapter must acquire a short-term vacation rental permit. 4,47.030 Definitions "Short-term vacation" is defined as the rental of any structure or any portion of any structure for occupancy for dwelling, lodging or sleeping purposes for more than seven (7), but no more than thirty (30) consecutive calendar days in duration in a residential zoning district, including detached single-family residences, condominiums, duplexes, twinplexes, townhomes and multiple -family dwellings. 4.47.040 Prohibited Rental Duration Rental for less than seven (7) consecutive calendar days in duration within all residential zoning districts is prohibited. 4.47.050 Exceptions Rentals of more than 30 consecutive days in duration in residential zoning districts are not required to obtain a short-term vacation rental permit. 4.47.060 Obtaining and Retaining a Short -Term Vacation Rental Permit The applicant shall obtain an annual short-term vacation rental permit from the city of Solana Beach subject to all provisions of this chapter, including the following: A. Applicants shall submit an application for a short-term vacation rental permit to the city of Solana Beach each year. The fee associated with the permit application shall be identical to the amount required for a business certificate. The applicant may be the owner or the owner's agent, and shall be the party responsible for compliance with all provisions of this chapter and all of the laws regulating short-term vacation rentals. B. Granting or Denial of Application. The application shall be granted unless the issuing officer makes one or more of the findings contained in SBMC 4.04.490. C. The short-term vacation rental permit holder will be subject to penalties as set forth in SBMC 4.47,070 in the following instances: 1. In the event the short-term vacation rental unit is located in a residential zoning district and is rented for stays of less than seven (7) consecutive calendar days in duration; or 2. In the event that any person holding a permit issued pursuant to this chapter violates or causes or permits to be violated any of the provisions of this chapter or any provisions of any other ordinance or law relating to or regulating such business, or conducts or carries on such business in an unlawful manner, or for any reason for which the permit application could have been denied in accordance with SBMC 4.04.090; or 3. Failure of the ownerlowner's agent to respond to two or more complaints as required by this section D. Applicants shall ensure that the occupants and/or guests of the short-term vacation rental unit do not create unreasonable noise or disturbances, engage in disorderly conduct, or violate provisions of this code or any state law pertaining to noise, disorderly conduct, overcrowding, the consumption of alcohol, or the use of illegal drugs. Applicants are expected to take any measures necessary to abate disturbance described herein, including, but not limited to, directing the tenant, calling for law enforcement services, city code compliance officers, removing the tenant or any other action necessary to immediately abate the service. If an applicant is not able to stop documented behavior that has been brought to applicant's attention, then such failure shall constitute a failure to respond as defined by subsection (C)(3) of this section. E. Applicants shall, upon notification that occupants or tenants of his or her short-term vacation rental unit have created unreasonable noise or disturbances, engaged in disorderly conduct or committed violations of this code or state law pertaining to noise, disorderly conduct, overcrowding, the consumption of alcohol or the use of illegal drugs, prevent a recurrence of such conduct by those occupants or guests and shall respond to the notification of violations within 24 hours. Failure to respond to two or more complaints regarding tenant violations is grounds for penalties as set forth in SBMC 4.47.070. Applicants of the short-term vacation rental shall comply with all the provisions of this code. G. The city council shall have the authority to impose additional standard conditions, applicable to all short- term vacation rental units, as necessary to achieve the objectives of this chapter and shall notify all short-term vacation rental permit holders of any change in standards applicable to the permits. H. A fee in the amount of the business certificate fee shall be paid m conjunction with the permit application. The fee is nonrefundable. 4.47.070 Violations and Penalties A. Violations. Failure to comply with the conditions specified in this chapter shall constitute a violation for which penalties may be imposed. City penalties for violations shall be issued in writing by the issuing officer upon documented verification of a violation. Documentation shall include, but not be limited to, copies of homeowner association warnings, reprimands, fines or other association actions; copies of citations, written warnings, reports or other filed documentation by law enforcement. The issuing officer shall notify the applicant in writing of the penalty to be imposed for violations specified as follows 1. For the first violation within any 12 -month period, the penalty shall be $500.00; 2. Fora second violation within any 12 -month period, the penalty shall be $1,000.00; 3. For a third violation within any 12 -month period, the issuing officer shall hold a hearing pursuant to SBMC 4.04.110 and the permit shall be revoked for a period of one year. B. Appeal Process. Hearings and appeals shall be made in accordance with SBMC Chapter 4.04. 4.47.0$0 Display of short -Term Vacation Rental Permit Applicants shall affix the short-term vacation rental permit on the inside of the main entry door of each short- term vacation rental unit to which it applies. 4.47.090 Exterior Complaint Phone Number Display Applicants shall display notice on the exterior, within plain view of the general public and/or common areas, a 24-hour, seven-day phone number for a private party responsible for the facility to take complaints regarding its operation. Applicants are also required to provide adjacent property owners with the 24-hour, seven-day phone number for a private party responsible for the facility. Applicants are required to provide a response within 24 hours as outlined in SBMC 4.47.060. Ineffective or non -response shall be grounds for a violation and/or penalty pursuant to SBMC 4.47.070. NUMBER OF PERSONS ALLOWED: Please be advised that the number of renters allowed in this unit is governed by California Health & Safety Code § 17992{a} (1 ) (b) as follows: "Room dimensions floor area: Dwelling jinits and congregate residences shall have at least one room which shall have not less than 920 square feet of floor area. Other habitable rooms, except kitchens, shall have an area of not less than 70 square feet. Where more than two persons occupy a room used for sleeping purposes, the required floor area shall be increased at the rate of 50 square feet for each occapant in excess of two. " Applicants shall limit occupancy accordingly- (APPLICATION ccordingly. iAPPLICATION FOLLOWS ON NEXT PAGE) A new rental application must be accompanied by a $40 fee. The fee for annual renewals is $10 and should be submitted along with a freshly completed rental application by the first day of the new year. PROPERTY OWNER INFORMATION (For multiple owners, please attach a separate sheet.) Owner Name Mailing Address _ C ity Phone { } State Zip Email Cell (or other) Phone () Emergency Phone, if other than an Agent listed below ( ) RENTAL PROPERTY INFORMATION (For multiple addresses, please attach a separate sheet.) Building Address Suite AGENT INFORMATION If the property is represented by an agent(s) or rental company(s), please complete the information below. If your property is represented by more than one agent please list additional agents on the next page. Rental Company or Agent Name Business Address C Ity Business Phone {�} Suite State: Zip: CERTIFICATION (Please read carefully and sign.) I hereby certify, under the penalty of perjury, that the rental property(s) listed in this application qualifies for use as a Short -Term Vacation Rental and will be operated in compliance with Solana Beach Municipal Code 4.47 and all other codes and regulations governing buildings for human habitation, including limits on the number of occupants as governed by California Health & Safety Code § 17992(a) (1). I also certify that I am authorized to make this statement and the information provided on this application is true and correct. I will have appropriately posted the INTERIOR AND EXTERIOR items as provided with this permit and strive to minimize potential permit violations. Furthermore, I have read and understand the attached SBMC Section 3.36.030 and agree that is this Short - Term Vacation Rental meets the definition of a hotel, I am subject to the collection and remittance of Transient Occupancy Taxes (TOT). TOTS are due for most Short -Term Vacation Rental residential properties, as well as other types of properties described in the attachment, rented for a period of 30 days or less Owner's Signature Date Please Print Name of Owner If Owner and Applicant are separate both must sign, applicant to sign below: Applicant's Signature Please Print Name of Applicant THE FOLLOWING BOX IS FOR OFFICE 115E ONLY.• Amount Paid $ Receipt No. Permit No. ❑ Cash ❑ Check No. Date Date ADDITIONAL AGENT INFORMATION {IF APPLICABLE) CAN BE PLACED HERE: Rental Company or Agent Name Business Address C ity Business Phone (� Rental Company or Agent Name Business Address City Business Phone (� Rental Company or Agent Name Business Address City Business Phone (� Rental Company or Agent Name Business Address City Business Phone ( 1 Suite State: Zip: State: State Suite _ Zip; Suite _Zip: Suite State: Zip: THE PERMIT SHALL BE DISPLAYED SO AS TO BE CLEARLY VISIBLE FROM THE EXTERIOR. (The inside of a front window, for instance.) SAMPLE ONLY shown below: VA ATION CENTAL PERMI-T = Address of Rental property PLEA Ea -M TACT THE FOLLOWING OV"9� �3, rG'ENT �. r. . - - - I:.C�NGEI�IktS OR ISSUES RIGA�tbNG:3"IW�S:..OP� TiY Property Owner ; INIanager Nmne Contact Number issued by. PE RSA T: the City :490 = it x`1 re§o V'e w_ I]I GIS jk'�." . '.0401"t. l �; THIS SHALL BE POSTED INSIDE EACH UNIT IN A LOCATION VISIBLE TO THE OCCUPANTS - City of Solana Beach PERMIT NUMBER SIGNED BY CITY: -.,ASTtip„�: Short -Term Vacation Rental Permit -�wy. rQM the falv—ny d.:v off a-ti4I MQ it -= 7- • ••d r� t.....— -F —.— Wn _e r— l—, - ---..-..:nM � ��--"-- 6 PPRO1rG l r1ATF � • •” ""•..... Welcome to dal'?rad de.3cllf 1n order :o have a safe and rulFlllin -osit :ease read =he fo+:ou:n nformAtkon: in Case of Emergency Cal 19-1-1 n Beware Unstable BI uffs, Cliffs and Caves COcean bluFs an c:;ffs at tha beach are ur.stab a and dangerous. This is an act v'z geolog:c beach area st oject :o s;� ft and a4 et coilaase DO NOT enter sea caves, -limb on the olu'fs, or loiter Rs r:ithin 40 feet a= tkg Kase of the buff Beware Rip Tides and Rap Currents P:aise bx a:'.are o'the car.gers of rip I des ane r p c6rrent5 s* yo:t find yo4rse'.f be ng Swept apt G +L� in -o :he Brtari s::• m PARALLEL to the beach Lnt:; you are Out of thn cw7ent and then proceed to snare Please Be A Good Neighbor .n 4 We 'v:art '{aU to enjoy your stay Pease keep ir, mind that this .s a neighbarnood ann heha�e re;pons.bly ann respect=a::y- Pease dispose of yo L- Iter proptrly. To engage in laud, prafane or boisterous condLst on theprQmises, arl.:n fanimes or groinds is an un at'.fijl naisance. Unit Maintenance and Management r�r The 'o o•.% ng 13 the narre r the contact person reg ara ng the operation and ma ntenance of th•s tw ren'alfac Namr. Phone: Transient Occupancy Taxes (TOT) The City's complete TOT policy may be found in Chapter 3.36 - TRANSIENT OCCUPANCY TAX of the City Municipal Code. SBMC SECTION 3.36.030 DEFINITIONS For the purposes of this chapter, the following words and phrases shall have the meanings respectively ascribed to them by this section: A. "Hotel" means any structure or any portion of any structure which has three or more units occupied or intended or designed for occupancy by transients for dwelling, lodging or sleeping purposes, including any hotel, inn, tourist home or house, motel, studio hotel, bachelor hotel, lodging house, rooming house, apartment house, dormitory, public or private club, mobile home or house trailer at a fixed location or other similar structure or portion thereof. B. "Occupancy" means the use or possession or the right to the use or possession of any room or portion thereof in any hotel for dwelling, living or sleeping purposes. C. "Operator" means the person who is the proprietor of the hotel, whether in the capacity of owner, lessee, sublessee, mortgagee in possession, licensee or any other capacity where the operator performs his functions through a managing agent, or any type or character other than an employee, the managing agent shail also be deemed an operator for the purposes of this chapter and shall have the same duties and liabilities as his principal. Compliance with the provisions of this chapter by either the principal or the managing agent shall, however, be considered to be compliance by both. D. "Person" means any individual, firm, partnership, joint venture, association, social club, fraternal organization, joint stock company, corporation, estate, trust, business trust, receiver, trustee, syndicate or any other group or combination acting as a unit. E_ "Rent" means the consideration charged, whether or not received, for the occupancy of space in a hotel, valued in money, whether to be received in money, goods, labor or otherwise, including all receipts, cash, credits and property and services of any kind or nature, without any deduction therefrom whatsoever. F. "Transient" means any person who exercises occupancy or is entitled to occupancy by reason of concession, permit, right of access, license or other agreement for a period of 30 consecutive calendar days or less, counting portions of calendar days as full days. Any person so occupying space in a hotel shall be deemed to be a transient until the period of 30 days has expired unless there is an agreement in writing between the operator and the occupant providing for a longer period of occupancy; provided, that any person who actually occupies the same premises for a period of 31 or more consecutive days shall be deemed exempt from the tax imposed by this chapter on that specific occupancy. In determining whether a person is a transient, uninterrupted periods of time extending both prior and subsequent to the effective date of the ordinance codified in this chapter may be considered. 3.36.070 TAXABLE EVENT. For the privilege of occupancy in any hotel, each transient is subject to and shall pay a tax in the amount of a percentage of the rent charged by the operator as follows: A. Ten percent (10%), effective until December 31, 2006. B. Eleven percent (11 %), effective from January 1, 2007, until December 31, 2007. C. Twelve percent (12%), effective from January 1, 2008, until December 31, 2008- D . 008. D. Thirteen percent (13%), effective January 1, 2009. Such tax constitutes a debt owed by the transient to the city, which is extinguished only by payment to the operator of the hotel at the time the rent is paid. If the rent is paid in installments, a proportionate share of the tax shall be paid with each installment. The unpaid tax shall be due upon the transient's ceasing to occupy space in the hotel. It for any reason the tax due is not paid to the operator of the hotel, the city manager may require that such tax shall be paid directly to the city manager. (Ord. 340 § 1, 2006; Ord. 164 § 1, 1992; Ord. 44 § 1, 1987; 1987 Code § 116. 010) 3.36.040 COLLECTION OF TAX. Each operator shall collect the tax imposed by this chapter to the same extent and at the same time as the rent is collected from every transient . The amount of tax shall be separately stated from the amount of rent charged, and each transient shall receive a receipt for payment from the operator. A duplicate receipt shall be kept by the operator. No operator of a hotel shall advertise or state in any manner, whether directly or indirectly, that the tax or any part thereof will be assumed or absorbed by the operator, or that it will be added to the rent, or that, if added, any part will be refunded except in the manner provided in this chapter. If the operator collects the rent but fails to collect the tax for any reason, the operator shall be responsible for paying the tax. (Ord. 44 § 1, 1987; 1987 Code § 3.16-040) 3.36.045 RENT SURCHARGE, EXEMPTION FROM TAX. An operator may establish a rent surcharge in an amount not to exceed $0.50. The surcharge shall not be deemed to be rent pursuant to SBMC 3.36.030(E) and shall not be subject to taxation under this chapter if all of the following requirements are met: A. The surcharge is separately stated from the roam rent and the tax on the receipt required by SBMC 3.36.040; B. The full amount of the surcharges collected is paid not less than monthly to a non-profit chamber of commerce, nonprofit visitor's bureau or other nonprofit organization in the city of Solana Beach dedicated to the promotion of tourism in the city; C. The operator includes on the report filed with the city manager pursuant to SBMC 3.36.060, the amount of surcharge collected and distributed, along with the identity of the organization to which the distribution is made. (Ord. 199 § 1, 1994) 3.36.054 REGISTRATION. Within 30 days after commencing business, or 30 days after the effective date of the ordinance codified in this chapter for existing hotels, each operator of any hotel renting occupancy to transients shall register such hotel with the city manager and obtain from the city manager a " transient occupancy registration certificate," which certificate shall be at all times posted in a conspicuous place on the premises. Such certificate shall, among other things, state: A. The name of the operator; B. The address of the hotel; C. The date upon which the certificate is issued; and D. The following: This Transient Occupancy Registration Certificate signifies that the person named on the face hereof has fulfilled the requirements of the Transient Occupancy Tax Ordinance by registering with the City for the purpose of collecting from transients the Transient Occupancy Tax and remitting said tax to the City. This certificate does not authorize any person to conduct any unlawful business or to conduct any lawful business in any unlawful manner, nor to operate a hotel without strictly complying with all local applicable laws, including, but not limited to, those requiring a permit from any board, commission, department or office of this City. This Certificate does not constitute a permit. It is unlawful to operate a hotel in the City without a currently valid Certificate. (Ord. 44 § 1, 1987; 1987 Code § 3.16.050) 3.36.060 REPORTING AND REMITTING COLLECTIONS. Each operator shall, on or before the last day of the month, make a return to the Finance Department (on forms provided by the City) of the total rents charged and received, and the amount of tax collected for transient occupancies during the previous month. At the time the return is filed, the full amount of the tax collected shall be remitted to: City of Solana Beach, Finance Department, 635 S. Highway 101, Solana Beach, CA 92075. The City Manager may establish shorter reporting periods for any certificate holder if he deems it necessary in order to ensure collection of the tax and he may require further information in the return. Returns and payments are due immediately upon cessation of business for any reason. All taxes collected by operators pursuant to this chapter shall be held in trust for the account of the City until payment thereof is made. (Ord. 44 § 1, 1987; 1987 Code § 3.16.060) (A TOT RETURN & TOT EXEMPTION FORM FOLLOW ON THE NEXT PAGES) These forms may also be obtained from the City's Finance Department 635 S. Highway 101, Solana Beach, CA 92075 Phone: (858) 720-2460 ` { CITY OF SOLANA BEACH 535 S. Highway 101 Solana Beach, CA 92075 TRANSIENT OCCUPANCY TAX RETURN TAX COMPUTATION for the month of 2006 (Note: TOT is due for each month or partial month of rental occupancy and is considered delinquent 1 month past the end of the month for which the tax is due.) 1. Gross Rent: Receipts for the month's occupancy. $ 2. Exemption: Receipts exempt from the room tax charge. $ (Exemptions are only those allowed under S. B. M. C. 3.35.020) 3, Allowable Deductions: Rent from occupants completing 31 or more consecutive days of lodging $ Rent Surcharge (S-B.M.C. 3.36.045) Name of Organization: Amount $ Total Exemptions and Allowable Deductions $ 4. Taxable Rents: Line 1 minus Total Exemptions and Allowable Deductions $ 5. Tax Payable: Line 4 multiplied 10% 5. Penalty for Late Payment (if applicable): A 10% penalty is assessed for the first month for payments received after stated due date. A second 10% penalty is assessed for continued delinquency. (S.B.M.C. 3.36.080(A)(B)} $ 7. Interest: In addition to the penalties imposed, interest of 1.5% per month (or fraction thereof), on the amount of tax, exclusive of penalties; for the date on which the remittance first became delinquent until paid. (S-13-M.C. 3.36.08(E)] $ & Total Payment Due: Add lines 5 through 7 $ Prepared By (Please print name) Hotel Name Address Phone READ CAREFULLY BEFORE COMPLETING I declare under penalty of perjury that the foregoing information and tax calculations are true to the best of my knowledge. (Signature) (Date) Please make check payable to: City of Solana Reach Finance Department 635 S. Highway 101 Solana Beach, CA 92075 CITY OF SOLANA BEACH `1j 635 SOUTH HIGHWAY 101 • SOLANA BEACH • CALIFORNIA 92075-2215 • (858) 720-2404 CLAIM FOR EXEMPTION FROM TRANSIENT OCCUPANCY TAX The undersigned claims exemption, per SBMC 3.36.020 or SBMC 3.36.030, from paying transient occupancy tax for the -day period from through NOTE: Operators of hotels should not provide this application unless the person signing it shows satisfactory identification. A separate application is required for each occupancy period. (Please attach a copy of qualifying documentation.) I declare under penalty of perjury of the laws of the State of California that the foregoing is true and correct. Name of Guest: Name of Agency (please print) Signature of Guest Date *SBMC 3.36.020 Exemptions A. No tax under this chapter shall be imposed upon: 1. Any person as to whom, or any occupancy as to which, it is beyond the power of the city to impose the tax herein provided; 2. Any federal or state of California officer or employee when on official business; or 3. Any officer or employee of a foreign government who is exempt by reason of express provision of federal law or international treaty. B. No exemption shall be granted except upon a claim therefore made at the time rent is collected and under penalty of perjury upon a form prescribed by the city manager. (Ord. 44 § 1, 1987; 1987 Code § 3.16.020) SBMC 3.36.430 Transient A. Transient means any person who exercises occupancy or is entitled to occupancy by reason of concession, permit, right of access, license or other agreement for a period of 30 consecutive calendar days or less, counting portions of calendar days as full days. Any person so occupying space in a hotel shall be deemed to be a transient until the period of 30 days has expired unless there is an agreement in writing between the operator and the occupant providing for a longer period of occupancy; provided, that any person who actually occupies the same premises for a period of 31 or more consecutive days shall be deemed exempt from the tax imposed by this chapter on that specific occupancy. In determining whether a person is a transient, uninterrupted periods of time extending both prior and subsequent to the effective date of the ordinance codified in this chapter may be considered. (ord. 44 § 1, 1987; Code § 3.16.030) Title 5 Page 1 of 4 1.20.110 Vacation homes in residential zoning districts. This Section shall apply to the leasing, renting and occupation of any vacation home existing in the following zoning districts of the Town: RE -1, R1✓. E-1, E, R, R -l. R-? and R -M. (1) Purpose. The purpose of this Section is to permit the leasing, renting and occupation of vacation homes in residential zoning districts while maintaining the residential character of those districts. (2) restrictions on rentals. The leasing, renting or occupation of all vacation hornes subject to this Section shall be restricted as follows: a. Vacation homes shall riot be operated in a manner that is out of character with residential uses. This includes vehicular traffic and noise levels that are out of cha.racicr with residential uses. Vacation homes shall be designed to be compatible, in terms of building scale, mass and character, with a. predominantly low -intensity and low -scale residential setting. Guest rooms shall be integrated within the vacation home. Kitchen facilities shall be limited to be consistent with single-farnily residential use. b. A vacation home shall be rented, ]eased or furnished to no more than one (1) pasty with a maximum of eight (8) individual guests. The total maximum occupancy of eight (8) individuals shall be further limited by a maximum of two (2) guests per bedroom plus two http://www.estesnet.comlTownClerk/municode/titleO5.littn 12/29/2006 Title 5 Page 2 of 4 individuals. In the event the vacation home is managed by a full -lime on-site manager, the vacation home may be rented, leased or furnished to more than one (1) party subject to the limitations of two (2) guests per bedroorn plus two (2) individuals with a maximum of eight (H) guests. c. No changes in the exterior appearance to accommodate each vacation home shall he allowed, except that one (1) wall-rrrounled identification sign no larger than four (4) square feet in area shall be pennitted. d. Only one (l) vacation horne shall be permitted per lot in single-family residential districts. c. No recreational vehicle, as the same is defined in Chaptcr 13 of the Estes Valley Development Codc, tent, temporary shelter, canopy, teepee or yurl shall be used by any individual fix living or sleeping purposes. f. Each vacation home is permitted a maxicnurn of three (3) guest vehicles on site and parked outside at any one (1) time. On -street parking ~hall be prohibited. g. Vacation homes shall be subject to co iniii crcial utility rates for the entire calendar year of ttic current license, and sales tax collection and remittance. It is the owner's responsibility to notify the Utility Billing Department when the residence is no longer being used as a vacation home after the license expires. h. The application for a business license for any vacation home shall designate a local resident or property manager of the Estes Valley who can be contacted by the'Town with regard 1.o any violation of the provisions of this Section. The person set forth on the application shall be the agent of the owner for all purposes with regard to the issuance of the business license, the operation of the vacatiOn home and revocation of the bus incsti license pursuant to the terms and conditions of this Section. i. Any vacation home in operation on or belbre November 1, 2004, and whose owner c)bl.ained a business license from the Town ror 2004 shall be entitled to operate the vacation horrrc to the extent of its operation on the effective date of the ordinance codified herein, including but not limited to the number of guest individuals allowed to occupy the vaca.ticn, home at any one (1) time, the number of guest vehicles allowed to be parked ern -site and any permitted signage identifying the operation of the vacation home. In the event the operation of the vacation haute grandfathered by this Section is abandoned for a period of one ( l ) year or the owner does not maintain a. business license for the vacation home in any subsequent calendar year, the vacation home shall then be subject to all of the terms and colid it ions of this Section, including but not limited to the number of guest individuals occupying the premises, the number of vehicles allowed to be parked outside one -site and the signage identifying the operation of the vacation home. tittp://www.estesnet.comlTownClerkhnunicode/t.it.]co5.titrtt 12/29/2006 Title 5 Page 3 of 4 (3) Violation. It is a violation of this Section for any owner, agent, guest and/or occupant of a vacation home to be convicted, including a flea of no contest, of a violation of Section 9.08. 010 (Disturbing the Peace) of this Codc; to fail to collect and remit all required sales tax to the State due and owing for the leasing, rental or occupation of a vacation home: to violate any provisions of this SccGon; and/or to fail to acquire and pay for a business license. For the purpose of this Section, only violations of Section 9.0 8.010 of this Code which occur on the premises of the vacation home and while a vacation home is being occupied as a vacation home shall be a violation of this Section. (4) Revocation of license. The Town may revoke the business license of any vacation home for violation of the provisions of this Section as follows: a. The Town Clerk, upon the receipt and verification of any violation of this Section, shall give written notice to the owner or agent that a violation has occurred. b. Upon the receipt and verification of any subsequent violation of the terms and conditions of this Section, within two (2) years of the date of the written warning set forth in Subsection a above, the Town Clerk shall revoke the business license by giving written notice to the owner or agent. of the revocation of the license. Said revocation shall be for one (l) year from the date of'the notice. c. Upon the receipt and verification of any subsequent violation of the terms and conditions of this Section within two (2) years after reinstatement, the Town Clerk shall revoke the business license by giving written notice to the owner or agent of the revocation of the business license. Said revocation shall be for two (2) years from the date of the notice. Upon revocation of the business license, the ow'ner's right to operate a vacation horne on the property shall terminate. (5) Appeal. Any owner or agent who wishes to contest the written warning or the revocation of a business license shall be entitled to request a hearing, bcforc the Town Clerk by written notice delivered in person or by certified road, return receipt requesled, to the Town Clerk within fifteen (15) days of the date of the warning or revocation. The Town Clerk shall hold a hearing on the appeal and determine whether or not a violation of the provisions of this Section has occurred. The owner shall be entitled to present any evidence of compliance with the terms and conditions of this Section at said hearing. The decision of tlic Town Clerk as to whether or not the violation occurred shall be final and not subject to further appeal. (Ord. 1-04 §3, 2004) http://www.estesnet.com/TownClerk/mutiicode/titleOS.Iltin 12/29/2006 News Releases Page 1 of 1 :'X111clic,1I1 111afllllligo Assoc I,Il iol1 , Print Now J May 28, 2042 Huge Boom in Residential Migration to Resort Towns Concerns Locals, Planners Washington, DC — Vacation spots typically inhabited by a small number of locals in the off-season are attracting residential migration in record numbers, and developing year-round community conflicts. These locations typically offer coastal, mountain, and lakeside recreation areas, natural beauty, fresh air, and entertainment options. But those who used to come and visit are now coming to stay permanently. As APA researcher Nate Hutcheson reports in Zoning News, a publication of the American Planning Association (APA), communities that offer such luxuries are now prime candidates for land -use Conflicts. "Americans are on the move to resort destinations," says Hutcheson. "The populations of traditional get -away destinations are surging, and planners are coming face-to-face with new social, economic, and public health challenges because of this." Residential migration to vacation destinations is estimated at 700,000 to 1.6 million people per year. In 2001, APA's Planning Advisory Service recorded an increase in the number of inquiries about planning for and regulating short-term rental properties in residential districts — particularly single-family districts. In response to this, APA conducted a survey of the residential dynamics and planning efforts for almost 40 tourist -oriented communities, the results of which are published in Zoning News. The task for planners seems to be finding and maintaining a balance between year-round, seasonal, and vacationing people while considering the effects on property, the well-being of the community, and a thriving economy. An insidious problem with short-term rentals is their impact on housing costs. Short-term rentals "squeeze" the supply of housing, increasing demand and housing costs. Businesses that rely on lower -paying service and tourist jobs find that high housing costs have pushed many workers out of the community. In Florida's Key West, workers are bused in from the mainland to work just three or four days. These workers sleep in bunk houses while in town, Also, according to APA's survey, residential and commercial property owners feel that more of a distinction needs to be made dividing where one works and lives. Most respondents felt that zoning codes and a licensing system would offer better solutions despite the time and expense required for administering and enforcing new regulations. Planners admit to a dilemma: Many property owners rely on the rent streams and spending dollars generated by vacationers, but locals want to preserve their neighborhood's residential character. Invariably, residents will threaten to abandon a once -beloved community or resort locale if renting a house on the beach or settling into a neighborhood means an endless stream of nuisances from disruptive vacationers. For communities grappling with such disputes, clear definitions are essential. Set definitions and criteria for terms such as "short-term renters," "vacation property," and "resort dwelling" should be established to eliminate confusion and ambiguity, and often are not. More information from the survey is available from Mike Davidson, Co -Editor of Zoning Practice at 312-431- 9100 or mdavidsonOplanning.org. Contact APA Public Information, 202-872-0611 Nate Hutcheson, APA Research, 312-786-6356 (cDCopyright 2006 American Planning Association All Rights Reserved littp:lliNTw-w.planning.orglnewsreleases/2002/ftpO528.htin'?project=Print 12/21/2006 Pacific Legal Foundation - Brevard County Outlaws Short -Term Rentals --Rental Propert... Page 1 of 1 PACIFIC LEGAL FOUNDATION Home > Brevard County Outlaws Short -Term Rentals—Rental Property Owners Denied Compensation Lee v. Brevard County Status. Motion to dismiss pending. Contact: Steven G. Gieseler or Valerie A. Fernandez Amortization in the American planning system is a technique for the removal of nonconforming uses after the value of that nonconforming use has been recovered—or amortized—over a period of time. {A legal nonconforming use is a use of land or building which was legally established according to the applicable zoning and building laws of the time, but which does not meet current zoning and building regulations. A use or structure can become legal nonconforming due to rezoning, annexation, revisions to the Zoning Code, or the granting of a use variance.} In some instances zoning ordinances set time periods for phasing out different types of nonconforming uses. Since the value of the use has been amortized, no compensation is payable after the expiration of the period. Florida recognizes the amortization of nonconforming structures, such as billboards, but no court ruling applies to the process of amortizing rental property. In this case, land use officials from Brevard County went too far by denying compensation to Colleen Lee, the owner of two short-term rental homes she depended on for her retirement. Prior to purchasing her homes, Ms. Lee obtained oral and written confirmation from the County that short-term rentals were permitted. Her county source was correct: short-term rentals had always been allowed in Brevard County. However, in May, 2005, the Board of County Commissioners—under pressure from hotel and resort interests who complained that short-term rentals were hurting their business—passed an ordinance banning the rental of residential dwellings for periods shorter than 90 days. The ordinance achieves the ban by amortizing short-term rentals, with the amortization period ending on November 29. PLF's Atlantic Center has challenged the ordinance as effecting an unconstitutional taking of private property for public use without just compensation. In February, 2006. the court granted portions of the County's motion to dismiss the case, based on an erroneous reading of the controlling Supreme Court case law. PLF is preparing an appeal of the court's decision, so that the Lees can have their day in court to defend their property rights. Copyright Q 2006 Pacific Legal Foundation - All Rights Reserved. littp:llv4ww. pael ficlegal.org/'!tTivcTask–topic&id=&category =&proj ect=&case-199&PH ... 12/29/2006 Bennett Boucher From: Bennett Boucher [boucher-cape@cfl.rr.com] Sent: Thursday, December 21, 2006 12:02 PM To: 'Anthony Garganese'; 'Kate Latorre'; 'stills-cape@cfl.rr.com'; 'Todd Morley'; 'Todd Peetz'; 'McNeely, Bea (beazzymcn@webtv,net)'; Bob Hoog; Buzz Petsos; C. Shannon Roberts; Leo Nicholas (nicholas-cape@cfl.rr.com), Rocky Randels (rocky-cape@cfl.rr.com) Subject: City of Venice, FI. resort dwelling opinion Venice issues determination regarding resort dwelling rentals VENICE (MONDAY. AUGUST 07, 2446) - Resort dwelling rentals are not permitted In single-family zoning districts. That is the intent of the Venice zoning code according to Planning and Zoning Director Tom Slaughter and City Attorney Robert Anderson. Anderson agreed the determination is consistent with both city ordinances and state statutes. The conclusion was stated in a memo issued today (Aug. 2) after Slaughter and Anderson fulfilled a city council request to study the intent of the law and make a determination. According to Florida statutes, a resort dwelling is "any individually or collectively owned one -family, two-family, three-family or four -family dwelling unit which is rented more than three times in a calendar year for periods of less than 30 days or one calendar month, whichever is less, or which is advertised or held out to the public as a place regularly rented for periods of less than 30 days or one calendar month, whichever is less." The report states the term "single-family dwelling" as used in the Venice zoning code, and "resort dwelling" as used in Florida statutes, are not synonymous and do not define the same type of use. "The result of this report gives us a stronger position for on-going code enforcement investigations aimed at restoring residential areas," City Manager Marty Black said. There are currently 14 locations, which include several property owners, under investigation for code infractions. Requirements for buildings intended for use by the public are far more intense for the purpose of public safety than those intended for use as a family dwelling. "We expect several of the property owners whose properties are being investigated to file an appeal regarding the recent determination," Black said. SOURCE: CITY OF VENICE. CITIZEN LIAISON OFFICE - (941) 486-2626 Bennett Boucher City Manager City of Cape Canaveral, FI. Phone 321.868.1230 Fax 321.868.1224 e-mail Boucher-cape@cfl.rr.com www.myflorida.com/cape PLEASE COPY AND DISTRIBUTE TO ALL APPLICABLE PERSONS: Mayor All Council members Managers Clerk Attorney Finance Director Florida League of Cities, Inc. P.O. Box 1757 +Tallahassee, FL 32342-1757. (850) 222-9684.5uncom 278-5331-www.firities.com DATAGRAM PAGE 1 of 3 October 31, 2005 - Vol. 33, No. 2 Noted Political Analyst $75 each, which includes the reception Information is available in the Sep - to Headline League's and banquet. Hotel reservationswi11 be tember/October 2005 issue of Ouality Legislative Conference available at $114, plus 11.5 percent occupancy and 6.5 percent sales tax. Cities and on the League Web site at www flcities.com/m am b ersh iplinno The Florida League of Cities Legisla- The Hyatt must receive hotel accom- valions.asp . Please call Mandy Rogers tive Conference will be held November modations by November 7. The ticket at the League or e-mail mrogers@a 17-18, 2005, at the Hyatt Orlando Inter- order form and hotel information have flcities.com with any questions. national Airport Hotel. Conference an- been posted on our Web site, www. nouncements have been mailed to flcities.com under "!Jews & Hot Links,'• Rental League members and are available or call Gail or Laura at the League at 1- Property Pro Ordinances online at www. flcifies.coin, under"News (800) 342-8112, & Hot Links." The hotel reservation dead- Representatives of the League were line is November 7. We are pleased to Florida City asked to meet with representatives of announcethat Dr, Susan A. MacManus, Government Week Florida's apartments and realtors asso- distinguished university professor and ciations, the Florida Department of Bus[ - nationally renowned political expert, will During the week of October 16-22, ness and Professional Regulation speak at the legislative luncheon dur- Florida City Government Week celebra- (DBPR) and legislative committee staff ing the Legislative Conference. Dr. tions took place throughout the state. to discuss local government regulation MacManus has appeared on ABC, NBC, Many Florida cities organized activities of rental properties. Current law, Sec. CBS, CNN and MSNBC, and in various including mock commission meetings, 509.032(7), Fla. Stat., preempts to the print and broadcast media throughout city heritage day festivals and essay DBPR regulation of "public lodging es - the world. She has also won accolades contests highlighting the importance of tablishments," which are generally de - following her riveting commentary relat- city government, fined as apartments of more than four ing to the 2000 election season, and The League wants to know how your units or single-family dwellings rented has been identified as the mast -quoted city was involved in Florida City Gov- for a period of up to one month. (Ch. political scientist in Florida during last emment Week. Please submitany pho- 509, Fla. Stat., should be reviewed for year's elections. Come hear her fore- tos, surveys or summaries outlining precise definitions.) The impetus for this cast for the upcoming legislative and your city's participation to Estella Gray meeting was concern by apartment election scene in Florida. Don't miss at egraygficities.com by December 1. managers and reaItors around the state out! Excerpts from your submissions will be that some local governments were con - featured in an upcoming Quality Cities sidering or had already adopted ordi- Florida Cities magazine article. Please contact nances creating licensing and inspec- Excellence Estella Gray at (850) 222-9684 for more tion programs for rental units meeting "public of information. the definition of lodging estab- Awards Banquet lishment," and thereby being subject Ticket Information City Innovations exclusively to state regulation under Deadline - November 7 Showcase Call for Entries 509, Fla. Stat. Locol governments are only are authorized to conduct Florida The Florida Cities of Excellence The next edition of the league's City Building Code and Florida Fire Code Awards Banquet will be held Friday, Innovations Showcase will be published compliance inspections of public lodg- November 18, at the Hyatt Orlando In- in early 2006. The City Innovations ing establishments that are preempted ternational Airport Hotel. Each finalist Showcase allows cities to highlight the to exclusive state regulation. and years of service recipient has been good things that Florida cities are do- Local governments may adopt ordi- notified. If you have not submitted your ing. The result benefits all Florida citi- nances regulating rental properties not ticket order form, please do so by No- zens, as municipal government officials subject to exclusive state regulation vember 7 to Gail Kennard or Laura and staff learn new ways to enhance under Ch. 509 (generally, those with Underhill at the League. Finalists will services, save taxpayers' dollars, pro- four or less units and single-family resi- receive two complimentary tickets. Ad- mote civic pride and volunteerism, and dences rented for more than 30 days), ditional tickets may be purchased for meet local needs. Importantly, under Ch. 509, all "public If you would like to be removed from the Datagram marling fist, please a -mail Laura Underhrfl a[ hwdurhiil@fleities.00m or rax her at (850) 222-3606. PAGE 1 of 3 Financial Corner Free FLC Financial Services Workshops The League's Department of Financial Services will be holding two free educational workshops this fall. The Florida Municipal Pension Trust Fund (FMPTF) workshop will be held November 30, 2005. League staff and other investment professionals will discuss how your city's FM PTF retirement plan is managed. You will also learn about current trends and issues that are impacting municipal retirement plans. The Florida Municipal Iinvestment Trust (FM IvT) workshop wi11 be held Decem- ber 1, 2005. Learn ways to put your local government's operating assets to work using the many FMIvT funds available to you. Hear how recent events affect the economy and your city's investment assets. The League invites all current Trust members and other interested parties to attend. Meet our team of professionals and ask the questions you've always wanted answered. The workshops will be held at the Jupiter Beach Resort In Jupiter. Contact Penny Mitchell at ptnifcheli@flcities,com or 1-1800) 616-1513, ext. 241, for more information. Or, visit www.flcilies.com/financialto register. lodging establishments" subject to state regulation are required to be licensed, pay license fees and be regularly in- spected by the DBPR. If you believe a "public lodging establishment" in your city is not meeting these requirements, you may wantto contact the Division of Hotels and Restaurants within the Florida DBPR at (850) 487-1395. If your city decides to regulate those rental properties not preempted to state regu- lation, Sec. 166.221, Fla. Stat., pro- vides a local government has genera[ authority to levy reasonable business, professional and occupational regula- tory fees. However, such fees must be commensurate with the cost of the regu- latory activity, and the regulatory au- thority is limited to regulation not pre- empted by the state. if you have any questions or need additional informa- tion regarding this matter, please con- tact Scott Dudley or Kraig Conn at the League office by calling (850) 222-9684. Homeland Security/ Emergency Management Survey Professors Susan A. MacManus and Kiki Caruson from the Department of Government and International Affairs at the University of South Florida have mailed Florida League of Cities mem- bers a survey asking how cities finance homeland security and emergency man- agement. Please complete the survey and mail or fax it back to the professors as soon as possible, Call Professor MacManus at (8 13) 949-0320 for more information or if you have questions. Florida Housing Homeownership Forum Florida Housing Finance Corporation is conducting a Homeownership Forum in Florida Housing's Seltzer Conference Room, 5th Floor, on November 8, 2005, from 2:00 p.m. - 4:00 p.m. Florida Hous- ing encourages elected officials and municipalities to participate in a dis- cussion regarding efforts to provide af- fordable homeownership in Florida. Homeownership staff and Florida Housing's new executive director, Steve Auger, will be participating in the forum and listening to your input. For more information on the forum, teleconfer- encing information, to RSVP and for directions, contact Elizabeth Loggins at (850) 488-4197 or elizabafhJnggins a floridahousing. org. Florida Fire Chiefs Association Online Career Center The Florida Fire Chiefs Association's new Web -based career center allows users to post jobs and search resumes, take skills quizzes, have communica- tion with job candidates and track ac- tivity. For more information and to view the site, go to http.,Iljobs.ffco.org, ICMA Hosts Eminent Domain Webcast On November 15, 2445, at 2:00 p.m. EST, the International CitylCounty Man- agement Association (ICMA) will host a 90 -minute Webcast called "Eminent Domain: Implications from the Kelo v. CityofNewLondon Case." The Webcast will explore the major implications for local governments of the Supreme Court's decision, highlight how local governments have successfully used eminent domain in the past, and exam- ine what actions Congress and the state legislatures are likely to take to curb local government powers. The cost of the Webcast is $95 per site. For more information and to register, visit www. lgeari. ❑rgltitmlllraininglicmaindox. cfm or call (877) 865 -4325 - All -America City Award The National Civic League is accept- ing applications for the 2006 All -America City Award program. Applications are due March 9, 2005- Cities, towns, neigh- borhoods, counties and regions can apply. The National Civic League will announce 30 finalists on April 14, 2006. All finalists advance to the 57th Annual AII-America City Awards competition in Anaheim, Calif., June 9-12. A national panel of judges will score the 30 pre- sentations and select 10 winners based on the quality of the collaborative projects each community presents. For more information or to receive an appli- cation, contact Gary Chandler at the National Civic League at (303) 571-4343 or aleksh@nct.org. Florida Mentoring Partnership Award of Excellence Applications for the 2005 Florida Mentoring Awards are due Monday, November 7. Awards are presented to mentors who have demonstrated ex- emplary service during July 1, 2004 — June 30, 2005. One mentor of excel- lence will be selected from each of the following categories; Corporate Mentoring, Faith -Based Mentoring, Mu- nicipal Mentoring, School- or Commu- nity -Based Mentoring, State Agency Mentoring, and School Volunteer Coor- dinator. Applications will be accepted online at www.Plamentoring.org/awards of excellence info.php. Each selected mentor will receive a vacation cruise for two donated by Carnival Cruise Lines. Selected mentors also will be recog- nized at a special mentoring event at the Governor's Mansion in Tallahas- see. Please visit www.flameiitoring.org for more information. Positions Open An abbreviated version of position open ads sent to the League is listed below. A full version of the ads is avail- able at www.flcities.comldatagram. Those needing a faxed copy should contact Mandy Rogers at the League office. All positions advertised in the Datagram must be division -head level cr above. Community Development Director — City of Cape Coral. (pop. 132, 379) Salary: $73,340.80-$120,972.80. Clos- ing date: November 5, 2005. City Manager -- City of Chiefiand. (pop. 2,107) Salary: $46,439 - $70,243 DOQ. Closing date: December 8, 2005. Finance Director — City of Fort Meade. (pop. 5,828) Salary: $50,000 DOO. Open until filled. PAGE 2 of 3 STATE A DEPARTMENT NT OFOF BUSINESS AND PROFESSIONAL REGULATION DBPR �Q .� HR40OA-SUM Public Food Service and Lodging �1 License and Unit Summa b Count 'r Summary Y Y Run Date- 12rt12006 Brevard County Prof- Code and Description # Accounts # SeatslUnits Food Service 2010 5eatinq 1.047 97,050 2010 Non -Seating 2013 Catering 115 13 0 0 2014 Mobile Food Dispensing Vehicle 24 0 2014 Hot ❑oq Cart 5 0 2015 Vending Machine 72 0 Subtotal: Food Service 1,277 97,050 Ledging 2001 Hotel 23 2.761 2002 Motel 87 5,928 2003 Transient Apartment 2003 Nontransient Apartment 2004 Transient Roaming House 2004 Nontransient Rooming House 2005 Bed and Breakfast 2006 Resort Condominium Group 2006 Resort Condominium Collective 2007 Resort Dwelling Single 2007 Resort Dwellinq Collective Subtotal: Lodging Total: Brevard County 35 389 382 22,572 4 37 4 75 7 35 20 23 28 1,210 6 281 30 32 1 1 627 33,344 1,904 130,394 D:IFilestorMjobl-tmpb1448dW25b919.rpt Page 5 Page l of 2 Bennett Boucher From: C. Shannon Roberts [csroberts@cfl.rr.com] Sent: Friday, January 05, 2907 8:59 AM To: Bennett Boucher Subject: Vacation Rentals Bennett, Good morning? Brevard Multiple Listing -Service {MLS} Have done a very preliminary analysis of the data we have on the MLS to see what we are advertising through the Space Coast Association of Realtors for Cape Canaveral: 10 duplexes are on the market ....all long-term 4 single family houses are on the market ....all long-term 30 townhouses are on the market ranging from a 1 -month rninimum term to a year 129 condos are on the market with allowable rental ranges from 1 -week to l year -- most are 1 year 24 investment properties are on the market with advertising for potential income ranging from weekly to yearly rentals ... most are long term Cape Canaveral Vacation Rental Sites When looking at the vacation rental sites; as you have done, 1 looked at two extensive sites and found the following: - 64 vacation rentals of which 28 are monthly. and 36 allow weekly use - 68 vacation rentals of which 50 are monthly, and 18 allow weekly use Some of the vacation rental properties arc on both sites, so there may be a double count in some cases. As a result of this search, am appreciating the challenge you have mentioned it is to put one's arms around the issue and the facts ... very complex. Will continue to do research from this end and enlist Craig, Beth, and Fd to help scope the challenges, key questions, and facts, as best we can determine them. Condominium Culture Many of the condominium lenders require that the complexes have no more than 20% of the units as rentals. The lender logic is that this protects the value of the complex and the individual properties. 01/05/2007 Page 2 of 2 In Cape Canaveral, am trying to determine what the rental provisions arc among the condominiums we have, so we can determine what the preferred quality of lile is among those property owners. To my immediate knowledge, the following allow for weekly use: - Royal Mansions - Cape Caribe - Canaveral Towers Those which allow for monthly rentals are: - Shorewood - Villages of Seaport Those which allow for 3 -month rentals are: - Solana Lake - Solana Shores - Solana on the River - Puerto del Rio - Flores del Mar - Artesia - Ocean Oaks Those which allow for yearly rentals are: - Oak Park - Sea Spray Will try to refine this list so that it is accurate, more complete and reflective of the number of units in each to give us a better understanding of what the condominium culture is for the City --- residential, long-term, and short-term rentals. Hope you have a great day! Shannon 01/05/2007 CITY OF CAPE CANAVERAL. PROPERTY RENTAL OCCUPATIONAL LICENSES - The City of Cape Canaveral has 40 OccLIpational Licenses for property rentals of four units or less. Only one of them is in our database as a "Short Term Rental". - Eight (8) of our City Occupational Licenses have corresponding State Licenses from the Florida Department of Business & Professional Regulations (DPBR). Seven of them are listed in our database as "'Property Rental". One is listed as "Short -Term Rental". - Thirty-two of our City Occupational Licenses do not have corresponding State Licenses from the DPBR. Thirty-one of these licenses are carried in our database as "Property Rental" or "Apartment Rental". One of them is listed as "Seasonal Condo Rental". None are listed as "Short Term Rental". - Two properties were found to have State Licenses from DPRR (Resort Condo) with no corresponding City Occupational License. - The attached spreadsheets may he found on the shared drive at the following location: P:IOCC_LlC\short term lodging research 2006-07. Q] u7 03 r- . C) P- O O O O 4 v C c D v; CV i o! 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C §!§ \ / »y.\ �.... .m § ] \ ..\�. j § V4 / moo \\ SCIENCE WAY_.._..... _ _FRIDAY )OSED REZONING ant to Chapters 125 and 163, 'r 62, Article VI of the Brevard ',yard County Board of County the following requests: The ''3F COUNTY COMMISSIONERS cant to Chapter 62, Article Vl, lection 62-1152, authorized property owned by FLORIDA ICT, to change the zoning from .:4 GML-H (Government Managed arty described as Tax Parcel 752, to 35, on 95.81 acres. Located Trail, approx. 260 it, north of P COUNTY COMMISSIONERS A -ITIONAL DISTRICT) hcATION MAP _...__— MERRITr ISLAND I sloners may approve or deny it may approve classifications i proposed. The final public used administrative rezoning d of County Commissioners mber 7, 2006, beginning at County Government Center, .'Judge Fran Jamieson Way, aarties can be heard at same rson desires to appeal any I with respect to any matter ieh person will need a record mch purposes, such person a verbatim record of the 'own expense, which record once upon which any such cordance'wlth the Americans Ion 286.26, Florida Statutes, ig special accommodations to j should contact the County }2010 no later than 48 hours ;County Planning and Zoning I, AICP, Planning & Zoning lanselman, Zoning Support 197409 WEDNESDAY, NOVEMBER 29, 2006 3t3 ■ SATURDAY SUNDAY NOTICE OF ZONING CHANGE CITY OF CAPE CANAVERAL The City Council of the City of Cape Canaveral, Florida will hold a Public Hearing for Second Reading of Ordinance No. 19-2006 in the City Hall Annex, 111 Polk Avenue, Cape Canaveral, Florida at 7 P.M., on Tuesday, December 5, 2008. The ordinance may be inspected In its entirety in the City Clerk's office durin business hours {8:30 a.m. to 5:04 p.m., Monday -Friday ORDINANCE NO. 19-2006 AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, FLORIDA, AMENDING CHAPTER 110, ZONING, OF THE CODE OF ORDINANCES; CLARIFYING THE INTENT OF THE R-1, R-2 AND R-3 RESIDENTIAL ZONING DISTRICTS; DEFINING THE TERM "TRANSIENT COMMERCIAL USE;" PROHIBITING TRANSIENT COMMERCIAL USES IN 'THE R-1, R-2 AND R-3 RESIDENTIAL ZONING DISTRICTS FOR SINGLE FAMILY DWELLINGS OR MULTIPLE FAMILY DWELLINGS WITH FOUR (4) OR LESS UNITS FOR PERIODS OF LESS THAN NINETY (90) CONSECUTIVE CALENDAR DAYS; ESTABLISHING A GRANDFATHERING PROVISION FOR CERTAIN TRANSIENT COMMERCIAL USES IN RESIDENTIAL ZONING DISTRICTS BASED. ON CERTAIN EXISTING LICENSE AND TAX FACTORS SPECIFICALLY ENUMERATED HEREIN AND WHETHER SUCH USE WAS IN EXISTENCE ON 'NOVEMBER 21, 2006; MAKING CONFORMING AND MISCELLANEOUS AMENDMENTS TO CHAPTER 110, ZONING; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS; INCORPORATION INTO THE CODE; SEVERABILITY; AND AN EFFECTIVE DATE. Pursuant to Section 285.1015, Florida Statutes, the City hereby advises the public that: if a person decides to appeal any decision made by the -City Council with respect to any matter considered at this meeting, that person will need a retard of the proceedings, and for such purpose that person might need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. This notice does not constitute consent by the City for the introduction or admission into evidence of otherwise inadmissible or irrelevant evidence, nor does it authorize challenges or appeals not otherwise allowed by law. Persons with disabilities needing assistance to participate in any of these proceedings should contact the City Clerk's office (868-1221) 48 hours in advance of the meeting. Susan Stills, CMG City Clerk Page 1 of 2 Bennett Boucher From: Todd Peetz [TPeetz@millerlegg.corn] Sent: Tuesday, December 05, 2066 2.03 PM To: Bennett Boucher Cc: Todd Marley; Matthew Boerger Subject: Housing Tabulations Bennett, The property appraiser could not tell use was a short term renter or not? Based on that we don't have any reliable data to suggest the length of stay, but based upon the data there was monthly payment for 2,593 units. Of the remaining 1,562 units 421 were for rent assuming not meant for short term rentals, another 125 units were for sale or rent. Of which it is the 1,016 units that were not better defined as "seasonal" or "occasional" use. Base upon housing type the ordinance would affect 2,467 units throughout the City We need to recognize the amount of additional development since 2005. The 2005 GIS information we have did not match very well with the Shimberg numbers. There were considerably less unit numbers in the GIS information which is not consistent. However, we have Shimberg Data for 2000. Based upon the data over 60% of all residential units are not owner occupied. From Shimberg 2600 Data % of total Rentals Occupied Units 2,593 39% Owner Occupied 2,548 38% *Vacant 11-562 23% Total 6,703 "Vacant units were as follows: For Rent 421 For Sale 62 Rent or Sale unoccupied. 63 Seasonal/occasional use 1,016 Migrant workers 0 Other vacant 0 Total 1,562 Housing type by units 2000: 1 unit detached 587 1 unit attached 954 2 unit 188 3 or 4 units 738 5 to 9 units 448 10 to 19 units 1,173 20 or more units 2,025 Mobile home 525 Other 65 Total 6,703 1210512.006 Page 2 of 2 Affordability is less than 30% of income spent on rent or mortgage Owners paying more than 30% of income on Mortgage = 232 Renters paying more than 30% of income on Rent = 955 Todd Peetx Senior Planner Miller Legg & Associates, Inc. 631 South Orlando Ave., Suite 200 Winter Park, Ff. .32789 407-629-8880 (fax) 407-629-7883 Trgou anillerlea-com www.millerle g,� corn improving Communities, Creating Environments 12/05/2006 0 F— LU D 0 w U LL LL 0 J d 07 Z LiJ a) d r C) 2 u_ Q0 a0Cb N N M > C! � N ❑ o N r7 W [G V) 0 F - Z z W 0 J J L m J < co F- M U) CL W m E m u] m 3 � � } LL y r�P m E Q W 0 rz M � Z W J N N m a C 2 a m` N R1 7v% 6 �S L 4..cc ° n z 5 iZ6 o d a 2 N m a C 2 a m` N R1 7v% 6 m z 5 m . d �f N Z E N V al L0 � "i °o � N � � � Li .2 > r b U C f6L 2c •[G U)0 = m 0 Q oo D r o d o v d a°° 73 U v ❑ ti r, n � _n Z � o LL IA C y0 CL 4 E- O FL '= r� 0 L L C p p) j O C x o f7 w y 4 ._ T N N r ii7 0 r c E om U v = 2 ❑ N [p J n] V LL J Y ❑ D coC C m O7 9 C [6 E, [] O m m -i m in 7 m � n LLIm T r @ O0 ❑ C] m d y m y. 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N @ r ❑ C7 `i �.1 0 >, f3l C N v❑ v L7 r ❑' -P N N w as _ a C ❑ 6 [�.] N C o c ❑ O @ E y m as in i- i u1 IID @ 'N L] � C � � .? -- _ � - � P C7 N .y � ❑ � ❑ y •}• � E 41 N C N V` [il � � C -@ it •q N 07 7 U C O N C 'C 7 y L1 �- rll -0 al N D C U O .i.. 4] E ti D C @ :� � .N @ C d N O vY _ s v[ _ N 6 6 0 ❑ C Z7 ❑ _ aCD Z} [` c C)f� C 47 CO 3 = �7 V V III it U C .N ❑ Vi b? _❑ N L@ r ❑ V E: = U ❑ 7, ILI .N o Iq•C 07 S-) C C a�aoocm° a °'�3o CV '- -❑ @ c�6��-al camp - C3 Q1 y N .-. 56 ❑. �•_'� aE mal L1 C -❑ _C ❑ L, a m ?'til T Q) c N CU ul -0 iq v�� U- E ❑P L a@ Z G_ C ti V ill M1 Business Professional Regulation Inspection Type I Owner Name: ❑ Unscheduled (ROUT) ❑ Licensing (LIC) ❑ Cnrnplainl Full (COMP) ❑ Complaim Partial (CPARy ❑ Disaster Response (DSTR) L] Service Request (SERV) ❑ Qualily Assurrncc (QA) h t r nrnn r T crtir;1 Business (DRA) N111UH Location Address: Division of Hotels and Restaurants LEGAL NOTICE Lodaina Inspection Reoort City, Stale, Trp Inspector Area Visit date Month I Gay Renta Units: Page of License Type F1 2001 1 Iotel ❑ 2002 Motel ❑ 2003 Apartment ❑ 2004 Rooming Housc ❑ 7DO5 Red R Rrvakt:rst ❑ 20O6 Kesorl Condominium ❑ 2001 Hesort Dwelling 1712052 Unlicensed Lodging LICENSE NUMBER Visit Time __L RFMINDFR: Your IIr,Hnse Pxprres Year Start End �j ❑ Original Visit ❑ Callback OR CAL-BAC KS.OR, GIINA- V:S.T DATE %NAS ITEMS MARKED WITI I AN ASTERISK (') ARE OF CRITICAL CONCERN AND MUST HE COHHE(' I t-.0 IMM FUTATFI Y KEY: ® = Not In Cam pliance Cps = corrected on-site during inspection R = repeat violation VIOLATION COS I R VIOLATION COS R ❑ "01 Fire extinguisherslstandpipe systems ❑ '02 Fire Hazards Inspection Disposition ❑ "23 Glassware; tableware; utensils sanitized ❑ Inspection Completed — ❑ ❑ "24 Vermin control ❑ 25 Premises maintained ElA(:RQ) Administrative Complaint Recommended ❑ '03 Sprinkler system Fr TrergHrre:y or[!er No Further Action ISAT ❑ "04 Smoke detectors; fire alarm systems l "1 "05 Smoke detectors: hearing impaired ❑ 26 Garbage and refuse disposal Recommended EOCL ❑ Warning Given [WAHNj ❑ ❑ '27 Sewage and waste water disposal C] '28 Advertisement El Administrative Administrative Complaint Callback - El*06 Exits: obstructions, exit signs, emergency lights Emergency Order Callback — ❑ "07 Electrical deficiencies ❑ "08 Builer, boiler room ❑ 29 Guest property: liability, notified Complied ALCM Complied Ff7CM 1 ❑ 30 Room Rate Schedule ❑ 31 Huom rates posted ❑ ❑'09 Lighting: public, guest roans ElExtension Administrative Complaint Callback — Time ElTime ❑ "10 Adequate heating ❑ 32 Security deposit Recommended 00 NO) ❑ '11 Appliances properly installed; maintained ❑ '12 Balcony: railing safety, certification ^ ACEX [:urrrpl�inl Callb:3r:k Nut 11 11Not Ll *33 Unethical business practices; overbooking ❑ Closed — Out of l3usiness (COFS) Administrative DeterminationAdministrative LJ ❑ 34 Licensee: criminal conduct ❑ 35 Florida Qlean Indoor Air Act ❑ 13 Building repair Kecommended ADD r CnrTr rliHri AC NO ❑ "14 Proper locking devices ❑ 15 Bathrooms: public, guest, supplies Complied [EONO ❑ 36 Telephone surcharge posted ❑ 37 Guest register jJ "16 Water source safe: hot/cold provided ❑ "38 Current license: displayed, available upon request ❑ 17 Bedding: bed linens, towels ❑ 18 Household furnishings U 39 Housekeeping ❑ 40 Other conditions: safe, sanitary ❑ 41 Posting operator service inforrnation ❑ 19 Plumbing ❑ 20 Ventilation ❑ '21 Toxics: storage, use ❑ 42 Blocking operator access ❑ 43 Copy of Chapter 508, Florida Statutes available ❑ 44 Hospitality Education P1Qy1arn Information provided ❑ '22 Ice protection 01 -FIRE EXTINGUISHERS I 03-SPRINKLERiSTANDPIPE SYSTEMS 04 -FIRE ALARM SYSTEMS 12-HALC ONY (:FRrIFI(;ATION Date($) Date(5) Dele(s] I Expiration nate FAILURE TO COMPLY WITH THIS NOTICE MAY INITIATE AN ADMINISTRATIVE COMPLAINT THAT MAY RESUL'r IN SUSPENSION OR REVOCATION OF YOUR LICENSE AND FINES UP TO $1,000 PER VIOLATION- ONI acknowledge receipt of these inspection forms and comments. Violations must be corrected by: 11 NN ATTACHED COMMENT SHETJ ❑ aU A COMMENTSE ----- CET Pers 4, Charge NaT !Plc ass Pr nt) DBPR Form HR 5022-014 rile iii&p�clai Irst.c�l�%c Siyiinlu e �•vvl:v r:1yFli�lidri �;,;Ti?�i':�yr Ill 2006 November 17 Inspection Disposition ❑ Inspection Completed — ❑ Callback —Complied [CSCM'p ElA(:RQ) Administrative Complaint Recommended I1 Fr TrergHrre:y or[!er No Further Action ISAT Recommended EOCL ❑ Warning Given [WAHNj ❑ C:allback Fxlerrsicnr C;iven (CBFx) El Administrative Administrative Complaint Callback - Emergency Order Callback — Complied ALCM Complied Ff7CM 1 Seasonal (SEAS) ❑ Callback — Administrative Complaint ElExtension Administrative Complaint Callback — Time ElTime Emergency Order Callback — Recommended 00 NO) ❑ ACEX [:urrrpl�inl Callb:3r:k Nut 11 11Not ExtensionEOEX Order Callback — ❑ Closed — Out of l3usiness (COFS) Administrative DeterminationAdministrative LJ Kecommended ADD r CnrTr rliHri AC NO Complied [EONO FAILURE TO COMPLY WITH THIS NOTICE MAY INITIATE AN ADMINISTRATIVE COMPLAINT THAT MAY RESUL'r IN SUSPENSION OR REVOCATION OF YOUR LICENSE AND FINES UP TO $1,000 PER VIOLATION- ONI acknowledge receipt of these inspection forms and comments. Violations must be corrected by: 11 NN ATTACHED COMMENT SHETJ ❑ aU A COMMENTSE ----- CET Pers 4, Charge NaT !Plc ass Pr nt) DBPR Form HR 5022-014 rile iii&p�clai Irst.c�l�%c Siyiinlu e �•vvl:v r:1yFli�lidri �;,;Ti?�i':�yr Ill 2006 November 17 ITEMS MARKED WITH AN ASTERISK t') ARE OF CRITICAL CONCERN AND MUST BE CORRECTED IMMEDIATELY. SAFETY *01 Fire extin uisherslstand i e systems FAC: 61C-1.004 (5).(9). (a), (b), (c): Florida Firo Prevention Code FFPC *02 Fire Hazards FS: 509.211 3 a , b ; FAC: 61C-1.004 5 7 8.10 ; FFPC *03 Sprinkler sstern FS:509.215�1),(2),(3).(4),(5); FAC: 61C-1.004(5); FFPC FAC: 51C-1.004(5): FFPC *04 Smoke detectors; fire alarms stems *05 Smoke detectors; hearing impaired FS: 509.215(6): rAC: 61C -1.004(9)(e) : FFPC 1 *06 Exits: obstructions, exit signs, emergency lights FAC. 51C-1-004 6 (10); FFPC FAC: 61C-1.004 11 ; FFPC *07 Electrical deficiencies *08 *09 Boilef, boiler roorn Li Minpublic, guest rooms FAC: 61 C-1.004 7 12 509-221(3); FAC: 61C 1.004(2){a),(10) *10 11 Adequate heating Appliancps properly installed, maintained _FS _ FS: 509,221(3): FAC: 610-1.004(12) FAC:61C•1_004(§)_.(13 ; FFPC *12 13 Balcony. railing safety, certification Building repair FS: 509.211 4 , 509.2112; FAC: 61C-1.004 10 FAC: 61 C-1.004(8) A .(10) T FS: 509-211 1 ; FAC: fit C-3.001 10 . *14 Proper locking devices SANITATION 15 Rathrooms ublic, nest, supplies Water source safe; hot/cold provided FS 509-221 1 , 2 5 FAC: 61C -1.004(a), 61C -3.001{1}(b) — FS: 509.221 1 • FAC: 610-4-004 1 a c 61G -3.001(1)(a),(4) *16 17 Bedding- bed linens, towels Household furnishings FS: 509.221(5) FAC: 61C -3.001g)_ FS: 509221@)__FAC: 61G 3-QQ1 4 5 18 19 Plumbing Ventilation FS: 509,221(1 ) FAC; 61 C-1.00_4 1 FS: 509.221 3 4 FAC: 61C 1.004 10 , 12 , 61 C-3-001 4 20 *21 Toxics: storage, use FAC: 61 C-1.004 3 *22 Ice protection Glassware; tableware; utensiis sanitized MG -1 81 Q-_3.001(9}_ FAC: 61 C-3.001 3 ,(4) *23 *24 Vermin control FS: 509.221 (7); FAC: 61 C,1.004 3 25 _ Premises maintained Garbage and refuse disposal FAC: 81C-3.001 7 FAC:GIG-1.OQd 1 1 e FDA Food Code- 5 501 26 *27 Sewa o and waste water disposal FS: 509.221 1 FAC: 61 C-1.004 1 1 d ; FDA Food Code: 5-403 C_CENS11MFR PRATFCTIr1N *28 29 Advertisement FS: 509.201 2 , 509.242(3): FAC: 61 C-3-002(3) Guest r❑ ert: liability, notified Room Rate Schedule FS: 509.111 1 2 FS: 509,201(i ; FAC: 61C-3-002 1 30 31 Roam rates posted Security deposit FS: 509.2N(1); FAC: fi1C-3.002 2 F5 83.49 32 *33 34 Unethical business practices, overbooking FS: 509.032 (1). 509.141, 509.142, 509.401; FAC: 61C-3.002 4 j Licensee- criminal conduct Florida Clean Indoor Air Act FS: 509.241, 509.281 FS: 386-203 d , 386-204, 386.2045(3). 386.207 35 36 1 ele lione surcharge pusied Guest register FS: 509.2015 FS- 509 101 2 37 GENERAL *38 Current license- displayed, available upon request 39 Housekee in 40 Other conditions: safe, sanitary 41 Posting ❑ erator service inlorrTratiun 42 Blocking operator access 43 Copy of Ch- 509, FS: available FS:509.032(2}(b), 509.241, 509-242{2}; FAC: G1C- 1.0023,4 c d,6,7 FAC:61(2-1.004{6},j7),(10), 61C-3.001(2).(4),(5),(6),(8)_ F.S 509 032, 509-221(8); FAG: 61C-1.004(2Lgd - FS. 364-3376(5) FS: 364.33766) — FS: 509.101[1].(2) INFORMATION 44 Hospitality Education Program information provided Information Only, No Violation DSPR Form IIR 5022-014 w-�,-, -,J. IA y F; o i i d.ri com?rpjj 2006 November 17 DBPR 2006 Florida Statutes PART I PUBLIC LODGING AND PUBLIC FOOD SERVICE ESTABLISHMENTS (ss. 509.013-509.417) Chapter 509, Part 1 DIVISION OF HOTELS AND RESTAURANTS Department of Business and Professional Regulation Chapter 509 is available on the Internet from www.hc)spita€itVeduQatior-i.org or www. My Florida.comldbprlhr 2006 September 13 2006 FLORIDA STATUTES CHAPTER 509 LODGING AND FOOD SERVICE ESTABLISHMENTS; MEMBERSHIP CAMPGROUNDS PART I PUBLIC LODGING AND PUBLIC FOOD SERVICE ESTABLISHMENTS (ss. 509.013-509.417) 509.013 Definitions. 509.032 Duties. 509.034 Application. 509.035 Immediate closure due to severe public health threat. 509.036 Public food service inspector standardization. 509.039 Food service manager certification. 509.049 Food service employee training. 509.072 Hotel and Restaurant Trust Fund; collection and disposition of moneys received. 509.091 Notices; form and service. 509.092 Public lodging establishments and public food service establishments; rights as private enterprises. 509.101 Establishment rules; posting of notice; food service inspection report; maintenance of guest register; mobile food dispensing vehicle registry. 509.111 Liability for property of guests. 509.141 Refusal of admission and ejection of undesirable guests; notice; procedure, penalties for refusal to leave. 509.142 Conduct on premises; refusal of service. 509.143 Disorderly conduct on the premises of an establishment; detention; arrest; immunity from liability. 509.144 Prohibited handbill distribution in a public lodging establishment; penalties. 509.151 Obtaining food or lodging with intent to defraud; penalty. 509.161 Rules of evidence in prosecutions. 509.162 Theft of personal property; detaining and arrest of violator; theft by employee. 509.191 Unclaimed property. 509.201 Room rates; posting; advertising; penalties. 509.2015 Telephone surcharges by public lodging establishments. 509.211 Safety regulations. 569.2112 Public lodging establishments three stories or more in height; inspection rules. 509.213 Emergency first aid to choking victims. 509.214 Notification of automatic gratuity charge. 509.215 Firesafety. 509.221 Sanitary regulations. 509.232 School carnivals and fairs; exemption from certain food service regulations. 509.233 Public food service establishment requirements; local exemption for dogs in designated outdoor portions, pilot program. 509.241 Licenses required; exceptions. 509.242 Public lodging establishments; classifications. 509251 License fees. 509.261 Revocation or suspension of licenses; fines; procedure. 509.271 Prerequisite for issuance of municipal or county occupational license. 509.281 Prosecution for violation, duty of state attorney; penalties. 509.285 Enforcement; city and county officers to assist. 509.291 Advisory council. 509.292 Misrepresenting food or food product; penalty. 509.302 Director of education; personnel; employment duties; compensation. 2006 September 13 www.MyFlorida.com/dbpr Page 1 of 25 Florida aepartrnent of Business and Professional Regulation, ID vision of Hotels and Restaurants Chapter 509, Part 1 — Public Lodging and Food Service Establishments — 2006 Florida Statutes 509.4005 Applicability of ss. 509.401-509.417. 509.401 Operator's right to lockout. 509.402 Operator's right to recover premises. 509.403 Operator's writ of distress. 509.404 Writ of distress; venue and jurisdiction. 509.405 Complaint; requirements. 509.40E Prejudgment writ of distress. 509.407 Writ of distress; levy of writ. 509.408 Prejudgment writ; form; return. 509.409 Writ; inventory. 509.411 Exemptions from writ of distress. 509.412 Writ; claims by third persons. 509.413 Judgment for plaintiff when goods not delivered to defendant. 509.414 Judgment for plaintiff when goods retained by or redelivered to defendant. 509.415 Judgment for defendant when goods are retained by or redelivered to the defendant. 509.41E Judgment for defendant when goods are not retained by or redelivered to the defendant. 509.417 Writ; sale of property distrained. 509.013 Definitions. --As used in this chapter, the term: (1) "Division" means the Division of Hotels and Restaurants of the Department of Business and Professional Regulation. (2) "Operator" means the owner, licensee, proprietor, lessee, manager, assistant manager, or appointed agent of a public lodging establishment or public food service establishment. (3) "Guest" means any patron, customer, tenant, lodger, boarder, or occupant of a public lodging establishment or public food service establishment. (4)(a) "Public lodging establishment" means any unit, group of units, dwelling, building, or group of buildings within a single complex of buildings, which is rented to guests more than three times in a calendar year for periods of less than 30 days or 1 calendar month, whichever is less, or which is advertised or held out to the public as a place regularly rented to guests. License classifications of public lodging establishments, and the definitions therefor, are set out in s. 509,242. For the purpose of licensure, the term does not include condominium common elements as defined in s. 718.103. (b) The following are excluded from the definition in paragraph (a): 1. Any dormitory or other living or sleeping facility maintained by a public or private school, college, or university for the use of students, faculty, or visitors; 2. Any hospital, nursing home, sanitarium, assisted living facility, or other similar place; 3. Any place renting four rental units or less, unless the rental units are advertised or held out to the public to be places that are regularly rented to transients; 4. Any unit or group of units in a condominium, cooperative, or timeshare plan and any individually or collectively owned one -family, two-family, three- family, or four -family dwelling house or dwelling unit that is rented for periods of at least 30 days or 1 calendar month, whichever is less, and that is not advertised or held out to the public as a place regularly rented for periods of less than 1 calendar month, provided that no more than four rental units within a single complex of buildings are available for rent; 5. Any migrant labor camp or residential migrant housing permitted by the Department of Health; under ss. 381.408-381.00895; and 6. Any establishment inspected by the Department of Health and regulated by chapter 513. (5)(a) "Public food service establishment" means any building, vehicle, place, or structure, or any room or division in a building, vehicle, place, or structure where food is prepared, served, or sold for immediate consumption on or in the vicinity of the premises; called for or taken out by customers; or prepared prior to being delivered to another location for consumption. (b) The following are excluded from the definition in paragraph (a): 1. Any place maintained and operated by a public or private school, college, or university. a. For the use of students and faculty; or b. Temporarily to serve such events as fairs, carnivals, and athletic contests. 2. Any eating place maintained and operated by a church or a religious, nonprofit fraternal, or nonprofit civic organization: a. For the use of members and associates; or b. Temporarily to serve such events as fairs, carnivals, or athletic contests. 3. Any eating place located on an airplane, train, bus, or watercraft which is a common carrier. 4. Any eating place maintained by a hospital, nursing home, sanitarium, assisted living facility, adult day care center, or other similar place that is regulated under s. 381.0072. 2006 September 13 www.MyFlorida.com/dbpr Page 2 of 25 Chanter 509 5. Any place of b by the Departme Services under s. 6. Any place of business where the food available for consumption is limited to ice, beverages with or without garnishment, popcorn, or prepackaged items sold without additions or preparation. 7. Any theater, if the primary use is as a theater and if patron service is limited to food items customarily served to the admittees of theaters. 8. Any vending machine that dispenses any food or beverages other than potentially hazardous foods, as defined by division rule. 9. Any vending machine that dispenses potentially hazardous food and which is located in a facility regulated under s. 381.0072. 10. Any research and development test kitchen limited to the use of employees and which is not open to the general public. (6) "Director" means the Director of the Division of Hotels and Restaurants of the Department of Business and Professional Regulation. (7) "Single complex of buildings" means all buildings or structures that are owned, managed, controlled, or operated under one business name and are situated on the same tract or plot of land that is not separated by a public street or highway. (8) "Temporary food service event" means any event of 30 days or less in duration where food is prepared, served, or sold to the general public. (9) "Theme park or entertainment complex" means a complex comprised of at least 25 contiguous acres owned and controlled by the same business entity and which contains permanent exhibitions and a variety of recreational activities and has a minimum of 1 million visitors annually. (10) "Third -party provider" means, for purposes of s. 509.049, any provider of an approved food safety training program that provides training or such a training program to a public food service establishment that is not under common ownership or control with the provider. (11) "Transient establishment" means any public lodging establishment that is rented or leased to guests by an operator whose intention is that such guests' occupancy will be temporary. (12) "Transient occupancy" means occupancy when it is the intention of the parties that the occupancy will be temporary. There is a rebuttable presumption that, when the dwelling unit occupied is the sole residence of the guest, the occupancy is nontransient. There is a rebuttable presumption that, when the dwelling unit occupied is not the sole residence of the guest, the occupancy is transient. (13) "Transient" means a guest in transient occupancy. Florida Deparhnent of Business and Professional Regulation, division of I lotels and Restaurants Part i – Public Lodging and Food Service Establishments – 2006 Florida Statutes usiness issued a permit or inspected 2, 51, 52, ch. 90-339; s. 1, ch. 91-40; s 4, ch. 91-429; s. 21, ch. nt of Agriculture and Consumer W-180, s. 1, ch. 93 53; s 14, ch. 93-133; s. 3G, ch. 94-100; s. 202, ch. 94 218: S. 47, rh. 9:-210; s. 3, ch. 95-314; s. 2, ch. 96-384; s. 544.12• 245. ch. 99 8; 5 7. ch. 2004-292. History.—s. 1, ch. 73-325; s. 3, ch. 76-168; s. 1, ch. 77-457; ss. 1, 39, 42, ch. 79-240; ss. 3, 4, ch. 81 181; ss. 2, 3. cli. 81-318; s. 2, ch. 83-241; s.3. Gh. 87-117; s. 31, ch. 88-00; s.2, ch. 88-;275, ss. 509,032 Duties.— (1) GENERAL.—The division shall carry out all of the provisions of this chapter 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. The division shall be responsible for ascertaining that an operator licensed under this chapter does not engage in any misleading advertising or unethical practices. (2) INSPECTION OF PREMISES.— (a) The division has responsibility and jurisdiction for all inspections required by this chapter. The division has responsibility for quality assurance. Each licensed establishment shall be inspected at least biannually, except for transient and nontransient apartments, which shall be inspected at least annually, and shall be inspected at such other times as the division determines is necessary to ensure the public's health, safety, and welfare. The division shall establish a system to determine inspection frequency. Public lodging units classified as resort condominiums or resort dwellings are not subject to this requirement, but shall be made available to the division upon request. If, during the inspection of a public lodging establishment classified for renting to transient or nontransient tenants, an inspector identifies vulnerable adults who appear to be victims of neglect, as defined in s. 415.102, or, in the case of a building that is not equipped with automatic sprinkler systems, tenants or clients who may be unable to self -preserve in an emergency, the division shall convene meetings with the following agencies as appropriate to the individual situation: the Department of Health, the Department of Elderly Affairs, the area agency on aging, the local fire marshal, the landlord and affected tenants and clients, and other relevant organizations, to develop a plan which improves the prospects for safety of affected residents and, if necessary, identifies alternative living arrangements such as facilities licensed under park II of chapter 400 or under chapter 429- (b) For purposes of performing required inspections and the enforcement of this chapter, the division has the right of entry and access to public lodging establishments and public food service establishments at any reasonable time. (c) Public food service establishment inspections shall be conducted to enforce provisions of this part and to educate, inform, and promote cooperation between the division and the establishment. 2406 September 13 www.MyFlorida.com/dbpr Page 3 of 25 Florida Department of Business and Professional Fteyulation, Division of Hotels and Restaurants Chapter 509, Part 1 – Public Lodging and Food Service Establishments – 2006 Florida Statutes (d) The division shall adopt and enforce sanitation (f] In conducting inspections of establishments rules consistent with law to ensure the protection of licensed under this chapter, the division shall the public from food -borne illness in those determine if each coin-operated amusement machine establishments licensed under this chapter. These that is operated on the premises of a licensed rules shall provide the standards and requirements establishment is properly registered with the for obtaining, storing, preparing, processing, serving, Department of Revenue. Each month the division or displaying food in public food service shall report to the Department of Revenue the sales establishments, approving public food service tax registration number of the operator of any establishment facility plans, conducting necessary licensed establishment that has on location a coin - public food service establishment inspections for operated amusement machine and that does not compliance with sanitation regulations, cooperating have an identifying certificate conspicuously and coordinating with the Department of Health in displayed as required by s. 212.05(1)(h), epidemiological investigations, and initiating (g) In inspecting public food service establishments, enforcement actions, and for other such the department shall provide each inspected responsibilities deemed necessary by the division. establishment with the food -recovery brochure The division may not establish by rule any regulation developed under s. 570.0725. governing the design, construction, erection, (3) SANITARY STANDARDS, EMERGENCIES, alteration, modification, repair, or demolition of any TEMPORARY FOOD SERVICE EVENTS.—The public lodging or public food service establishment. It division shall - is the intent of the Legislature to preempt that (a) Prescribe sanitary standards which shall be function to the Florida Building Commission and the enforced in public food service establishments. State Fire Marshal through adoption and (b) Inspect public lodging establishments and public maintenance of the Florida Building Code and the food service establishments whenever necessary to Florida Fire Prevention Code. The division shall respond to an emergency or epidemiological provide technical assistance to the commission and condition. the State Fire Marshal in updating the construction (c) Administer a public notification process for standards of the Florida Building Code and the temporary food service events and distribute Florida Fire Prevention Code which govern public educational materials that address safe food storage, lodging and public food service establishments. preparation, and service procedures. Further, the division shall enforce the provisions of 1. Sponsors of temporary food service events shall the Florida Building Code and the Florida Fire notify the division not less than 3 days prior to the Prevention Code which apply to public lodging and scheduled event of the type of food service proposed, public food service establishments in conducting any the time and location of the event, a complete list of inspections authorized by this part. food service vendors participating in the event, the (e)1. Relating to facility plan approvals, the division number of individual food service facilities each may establish, by rule, fees for conducting plan vendor will operate at the event, and the identification reviews and may grant variances from construction number of each food service vendor's current license standards in hardship cases, which variances may be as a public food service establishment or temporary less restrictive than the provisions specified in this food service event licensee. Notification may be section or the rules adopted under this section. A completed orally, by telephone, in person, or in variance may not be granted pursuant to this section writing. A public food service establishment or food until the division is satisfied that service vendor may not use this notification process a. The variance shall not adversely affect the health to circumvent the license requirements of this of the public. chapter. b. No reasonable alternative to the required 2. The division shall keep a record of all notifications construction exists. received for proposed temporary food service events c. The hardship was not caused intentionally by the and shall provide appropriate educational materials to action of the applicant. the event sponsors, including the food -recovery 2. The division's advisory council shall review brochure developed under s. 574.0725. applications for variances and recommend agency 3.a. A public food service establishment or other food action. The division shall make arrangements to service vendor must obtain one of the following expedite emergency requests for variances, to classes of license from the division: an individual ensure that such requests are acted upon within 30 license, for a fee of no more than $105, for each days of receipt. temporary food service event in which It participates, 3. The division shall establish, by rule, a fee for the or an annual license, for a fee of no more than cost of the variance process. Such fee shall not $1,000, that entities the licensee to participate in an exceed $150 for routine variance requests and 5300 unlimited number of food service events during the for emergency variance requests. license period. The division shall establish license fees, by rule, and may limit the number of food 2006 September 13 www.MyFlorida.com/dbpr Page 4 of 25 Florida Department of Business and Prvfessional Regulation, Division of Hotels and Restaurants Chapter 509, Part 1 - Public Lodging and Food Service Establishments - 2006 Florida Statutes service facilities a licensee may operate ata 76-168; s. 1, ch. 77-457; ss. 2, 39, 42, ch. 79-24U; ss. 1, 3, 4, ch. particular temporary food service event under a 91- 81-161; ss. 2, 3, ch. 81 318; ss, 3, 51, 52, ch. 90.339; S-2. , c . 40; s. 4, ch. 91-429; s. 22, ch. 92-180; s. 2, ch. J3 53, s. 35, ch. single license. 93-216; s. 19, ch. 94-314; s. 4, ch. 95-418; s. 137, ch. 95-418; s. 3, b. Public food service establishments holding current ch. 96-384; s. 1165, ch. 97-103; s. 1. ch. 98 275; s. 4, ch. 98-283; licenses from the division may operate under the s. 246, ch. 99-8; s. 47, ch. 20UU-141; s. 47, ch. 2000 154, s. 1D9, regulations of such a license at temporary food ch. 2000-349; s. 34, ch. 2001-188; s. 3, ch. 2001 372; s 11, ch. 2002-48; s. 1, ch. 2002-299; S. 96, ch. 2006 197. service events of 3 days or less in duration. (4) STOP -SALE ORDERS, --The division may stop 509.034 Application. --Sections 509.141-509.162 the sale, and supervise the proper destruction, of any and 509.401-509.417 apply to transients only. This food or food product when the director or the chapter may not be used to circumvent the director's designee determines that such food or food procedural requirements of the Florida Residential product represents a threat to the public safety or Landlord and Tenant Act. welfare. If the operator of a public food service establishment licensed under this chapter has liisto ry.--ss. 3, 42, ch. 79-240; ss. 3, 4, cri. 81-161; ss. 2, 3. ch. 81- received official notification from a health authority 318; ss. 4, 51, 52, ch. 90-339; s. 4, ch. 91-429. that a food or food product from that establishment has potentially contributed to any instance or outbreak of food -borne illness, the food or food 509.035 Immediate closure due to severe public product must be maintained in safe storage in the health threat. --The division shall, upon proper establishment until the responsible health authority finding, immediately issue an order to close an has examined, sampled, seized, or requested establishment licensed under this chapter in the destruction of the food or food product. instance of a severe and immediate public health or (5) REPORTS REQUIRED. ---The division shall send safety or welfare threat as follows: the Governor a written report, which shall state, but (1)(a) The director shall declare a public health threat not be limited to, the total number of inspections upon a proper finding by the State Health Officer that conducted by the division to ensure the enforcement the continued operation of a licensed establishment of sanitary standards, the total number of inspections presents a severe and immediate threat to the public conducted in response to emergency or health. epidemiological conditions, the number of violations (b) The director shall declare a threat to the public of each sanitary standard, and any recommendations safety or welfare upon a proper for improved inspection procedures. The division finding by the director that the continued operation of shall also keep accurate account of all expenses a licensed establishment presents a severe and arising out of the performance of its duties and all immediate threat to the public safety or welfare. fees collected under this chapter. The report shall be (2) Upon such determination, the division shall issue submitted by September 30 following the end of the a notice to show cause and an emergency order of fiscal year. suspension Such order shall be served upon the (6) RULEMAKING AUTHORITY. -The division shall establishment by the division or its agent, and the adopt such rules as are necessary to carry out the establishment shall be closed. An operator who provisions of this chapter. resists such closure is subject to further (7) PREEMPTION AUTHORITY. -The regulation of administrative action by the division and is public lodging establishments and public food service punishable as provided in s. 509.281. The division establishments, the inspection of public lodging shall provide an inspection within 24 hours following establishments and public food service such closure and shall review all relevant information establishments for compliance with the sanitation to determine whether the facility has met the standards adopted under this section, and the requirements to resume operations. regulation of food safety protection standards for (3) The division may attach a sign which states required training and testing of food service "Closed to Protect Public Health and Safety" to such establishment personnel are preempted to the state. an establishment and may require the licensee to This subsection does not preempt the authority of a immediately stop service until notification to the local government or local enforcement district to contrary is provided by the director. conduct inspections of public lodging and public food (4) The division may further adopt rules for issuing service establishments for compliance with the emergency orders after business hours and on Florida Building Code and the Florida Fire Prevention weekends and holidays in order to ensure the timely Code, pursuant to ss. 553.80 and 633.022. closure of an establishment under this section. Histury.-ss. 1, 2, 9, ch. 8952, 1915; RGS 212, 213, 2130; s. 2, ch 9264, 1923; CGL 245, 246, 3359; ss. 3, 4, ch. 16042, 1933; CGI 1936 Supp. 245, 246; s. 9, ch. 26945, 1951; S. 1, Ch. 28129, 1953; 55. 1, 8, Ch. 2 982 1, 1955- s. 1, ch. 57-389; s. 1, ch. 63-420; ss. 12, 16, 35, ch. 69-106; s. 2, ch. 73-325; s. 135, ch. 73-333; s. 3, ch. History. --ss. 5, 52, nh. 90 339; s. 3, ch. 91-40; s. 4, ch. 91-429; s. 3, ch. 93-53. 2006 September 13 www.MyFlorida.com/dbpr Page 5 ❑f 25 Florida Deportment of Business and Professional Regulation, Division of Hotels and Restaurants Chapter 509, Part 1 – Public Lodging and Food Service Establishments – 2006 Florida Statutes 509.036 Public food service inspector standardization. -- (1) Any person performing required inspections of licensed public food service establishments for the division or its agent must: (a) Be standardized by a food service evaluation officer certified by the federal Food and Drug Administration; (b) Pass an approved food protection practices test as prescribed by s. 509.039; and (c) Pass a written examination to demonstrate knowledge of the laws and rules which regulate public food service establishments. (2) The division or its agent shall provide a minimum of 20 hours of continuing education annually for each public food service inspector. This continuing education shall include instruction in techniques to prevent food -borne illness, sanitation, and a review of relevant laws. (3) The division and its agent shall adopt rules in accordance with the provisions of chapter 120 to provide for disciplinary action in cases of inspector negligence. An inspector may be subject to suspension or dismissal for cause as set forth in s. 110.227. (4) Any costs incurred as a direct result of the requirements of subsection (1) shall be funded from the Hotel and Restaurant Trust Fund from the amounts deposited from public food service establishment license fees. History. --s. s, ch. 90-339; s. 15, ch. 91-201; s. 56, ch. 91-297; s. 4, ch. 91-429; s. 23, ch. 92-180; s. 15, ch. 93-53; s. 31, ch. 2002-299 509.039 Food service manager certification. --It is the duty of the division to adopt, by rule, food safety protection standards for the training and certification of all food service managers who are responsible for the storage, preparation, display, or serving of foods to the public in establishments regulated under this chapter. The standards adopted by the division shall be consistent with the Standards for Accreditation of Food Protection Manager Certification Programs adopted by the Conference for Food Protection. These standards are to be adopted by the division to ensure that, upon successfully passing a test, approved by the Conference for Food Protection, a manager of a food service establishment shall have demonstrated a knowledge of basic food protection practices. The division may contract with an organization offering a training and certification program that complies with division standards and results in a certification recognized by the Conference for Food Protection to conduct an approved test and certify all test results to the division. Other organizations offering programs that meet the same requirements may also conduct approved tests and certify all test results to the division. The division may charge the organization it contracts with a fee of not more than $5 per certified test to cover the administrative costs of the division for the food service manager training and certification program. All managers employed by a food service establishment must have passed an approved test and received a certificate attesting thereto. Managers have a period of 90 days after employment to pass the required test. The ranking of food service establishments is also preempted to the state; provided, however, that any local ordinances establishing a ranking system in existence prior to October 1, 1988, may remain in effect. Histuiy.--s. 24, ch. 92 -INN s. 4, ch. 93 53; s. 2, ch. 2092-299 509.049 Food service employee training.— (1) The division shall adopt, by rule, minimum food safety protection standards for the training of all food service employees who are responsible for the storage, preparation, display, or serving of foods to the public in establishments regulated under this chapter. These standards shall not include an examination, but shall provide for a food safety training certificate program for food service employees to be administered by a private nonprofit provider chosen by the division. (2) The division shall issue a request for competitive sealed proposals which includes a statement of the contractual services sought and all terms and conditions applicable to the contract. The division shall award the contract to the provider whose proposal is determined in writing to be the most advantageous to the state, taking into consideration the price and the other criteria set forth in the request for proposals. The division shall contract with a provider on a 4 -year basis and is authorized to promulgate by rule a per employee fee to cover the contracted price for the program administered by the provider. In making its selection, the division shall consider factors including, but not limited to, the experience and history of the provider in representing the food service industry, the provider's demonstrated commitment to food safety, and its ability to provide a statewide program with industry support and participation. (3) Any food safety training program established and administered to food service employees utilized at a licensed public food service establishment prior to July 1, 2000, shall be submitted by the operator or the third -party provider to the division for its review and approval on or before September 1, 2004- If the food safety training program is found to be in substantial compliance with the division's required criteria and is approved by the division, nothing in this section shall preclude any other operator of a food service establishment from also utilizing the approved 2006 September 13 www.MyFlorida.comldbpr Page 6 of 25 Florida Department of Business and Professional Regulation, Division of Hotels and Restaurants Chapter 509, Part 1 – Public Lodging and Food Service Establishments – 2006 Florida Statutes program or require the employees of any operator to receive training from or pay a fee to the division's contracted provider. Review and approval by the division of a program or programs under this section shall include, but need not be limited to, verification that the licensed public food service establishment utilized the program prior to July 1, 2000, and the minimum food safety standards adopted by the division in accordance with this section. (4) Approval of a program is subject to the provider's continued compliance with the division's minimum program standards. The division may conduct random audits of any approved programs to determine compliance and may audit any program if it has reason to believe a program is not in compliance with this section. The division may revoke a program's approval if it finds a program is not in compliance with this section or the rules adopted under this section. (5) It shall be the duty of each public food service establishment to provide training in accordance with the described rule to all food service employees of the public food service establishment. The public food service establishment may designate any certified food service manager to perform this function. Food service employees must receive certification within 60 days after employment. Certification pursuant to this section shall remain valid for 3 years. All public food service establishments must provide the division with proof of employee training upon request, including, but not limited to, at the time of any division inspection of the establishment. Proof of training for each food service employee shall include the name of the trained employee, the date of birth of the trained employee, the date the training occurred, and the approved food safety training program used. (6)(a) Third -party providers shall issue to a public food service establishment an original certificate for each employee certified by the provider and an original card to be provided to each certified employee. Such card or certificate shall be produced by the certified food service employee or by the public food service establishment, respectively, in its duly issued original form upon request of the division. (b) Effective January 1, 2005, each third -party provider shall provide the following information on each employee upon certification and recertification: the name of the certified food service employee, the employee's date of birth, the employing food service establishment, the name of the certified food manager who conducted the training, the training date, and the certification expiration date. This information shall be reported electronically to the division, in a format prescribed by the division, within 30 days of certification or recertification. The division shall compile the information into an electronic database that is not directly or indirectly owned, maintained, or installed by any nongovernmental provider of food service training. A public food service establishment that trains its employees using its own in-house, proprietary food safety training program approved by the division, and which uses its own employees to provide this training, shall be exempt from the electronic reporting requirements of this paragraph, and from the card or certificate requirement of paragraph (a), (7) The division may adopt rules pursuant to ss - 120 - 5 36(l) s.120.536(1) and 120.54 necessary to ad ministerthis section. The rules may requlre� (a) The use of application forms, which may require, but need not be limited to, the identification of training components of the program and an applicant affidavit attesting to the accuracy of the information provided in the application, (b) Third -party providers to maintain and electronically submit information concerning establishments where they provide training or training programs pursuant to this section; (c) Specific subject matter related to food safety for use in training program components; and (d) The public food service establishment to be responsible for providing proof of employee training pursuant to this section, and the division may request production of such proof upon inspection of the establishment. (8) The following are violations for which the division may impose administrative fines of up to $1,000 on a public food service establishment, or suspend or revoke the approval of a particular provider's use of a food safety training program: (a) Failure of a public food service establishment to provide proof of training pursuant to subsection (5) upon request by the division or an original certificate to the division when required pursuant to paragraph (6)(a), (b) Failure of a third -party provider to submit required records pursuant to paragraph (6)(b) or to provide original certificates or cards to a public food service establishment or employee pursuant to paragraph (6)(a). (c) Participating in falsifying any training record, (d) Failure of the program to maintain the division's minimum program standards. History.—s. 4, ch. 96-384; s. 1, ch. 2000-191; s. 21, ch. 2001-53; s 1, ch. 2001-257; s. B. ch. 2004-292. 509.072 Hotel and Restaurant Trust Fund; collection and disposition of moneys received— (1) There is created a Hotel and Restaurant Trust Fund to be used for the administration and operation of the division and the carrying out of all laws and rules under the jurisdiction of the division pertaining to the construction, maintenance, and operation of public lodging establishments and public food service establishments, including the inspection of elevators as required under chapter 399. All funds collected by 2006 September 13 www.MyFlorida.com/dbpr Page 1 of 25 Florida Department of Business and Professional Regulation, Division of Hotels and Restaurants Chapter 509, Part 1 - Public Lodging and Food Service Establishments -- 2006 Florida Statutes the division and the amounts paid for licenses and fees shall be deposited in the State Treasury into the Hotel and Restaurant Trust Fund. (2) Fees collected under s- 509.302(3) and deposited into the trust fund must be used solely for the purpose of funding the Hospitality Education Program, except for any trust fund service charge imposed by s- 215-20, and may not be used to pay for any expense of the division not directly attributable to the Hospitality Education Program. These funds may not be deposited or transferred into any other trust fund administered by the Department of Business and Professional Regulation or any of its divisions. For audit purposes, fees collected under s. 509.302(3) and all charges against those fees must be maintained by the department as a separate ledger- Iistory.--s. 3, ch. 75-184; s. 3, ch. 76-168; s. 1, ch. 77-457; ss- 4, 39, 42, ch. 79-240; ss. 3, 4, ch. 81-161; ss. 2, 3. ch. 81-318; ss. 7 51, 52, ch. 90-339; s. 4, ch. 91-429; s. 5, ch. 96-384. 509.091 Notices; form and service. --Each notice served by the division pursuant to this chapter must be in writing and must be delivered personally by an agent of the division or by registered letter to the operator of the public lodging establishment or public food service establishment- If the operator refuses to accept service or evades service or the agent is otherwise unable to effect service after due diligence the division may post such notice in a conspicuous place at the establishment. History. --s. 28, ch. 6952, 1915; RG5 2148; CGL 3377; s- 39, ch - 16042, 1933; CGL 1936 Supp- 3377: s. 1, ch- 71-157; s. 190, ch. 71-377; s. 4, ch. 73-325; s. 3, ch. 76.168; s. 1, ch. 77-457; ss. 5. 39, 42, ch. 79-240; ss- 3, 4. ch. 81-161; ss. 2, 3, ch. 81-318; ss. 8, 51, 52, ch. 90-339; s. 4, ch. 91-429: s. 12, ch. 93-53. Note. --Former s. 511.29. 509.092 Public lodging establishments and public food service establishments; rights as private enterprises. --Public lodging establishments and public food service establishments are private enterprises, and the operator has the right to refuse accommodations or service to any person who is objectionable or undesirable to the operator, but such refusal may not be based upon race, creed, color, sex, physical disability, or national origin- A person aggrieved by a violation of this section or a violation of a rule adopted under this section has a right of action pursuant to s. 760.11. History. -s. 4, ch. 57 389; s. 1, ch. 70 291; s- 3, ch. 76 168. s. 1, ch- 77.457; ss. 6, 39, 42, ch. 79-240; ss. 3, 4, ch- 81-161. ss 2, 3, ch. 81-318; ss. 9, 51, 52, ch. 90-339; s. 4, ch. 91-429; s. 11}, ch. 92-177; s. 4, ch. 92-282- 509.'10'1 Establishment rules; posting of notice; food service inspection report; maintenance of guest register; mobile food dispensing vehicle registry. -- (11) Any operator of a public lodging establishment or a public food service establishment may establish reasonable rules and regulations for the management of the establishment and its guests and employees; and each guest or employee staying, sojourning, eating, or employed in the establishment shall conform to and abide by such rules and regulations so long as the guest or employee remains in or at the establishment. Such rules and regulations shall be deemed to be a special contract between the operator and each guest or employee using the services or facilities of the operator. Such rules and regulations shall control the liabilities, responsibilities, and obligations of all parties. Any rules or regulations established pursuant to this section shall be printed in the English language and posted in a prominent place within such public lodging establishment or public food service establishment. Such posting shall also include notice that a current copy of this chapter is available in the office for public review. In addition, any operator of a public food service establishment shall maintain the latest food service inspection report or a duplicate copy on premises and shall make it available to the public upon request - (2) It is the duty of each operator of a transient establishment to maintain at all times a register, signed by or for guests who occupy rental units within the establishment, showing the dates upon which the rental units were occupied by such guests and the rates charged for their occupancy. This register shall be maintained in chronological order and available for inspection by the division at any time. Operators need not make available registers which are more than 2 years old. Each operator shall maintain at all times a current copy of this chapter in the office of the licensed establishment which shall be made available to the public upon request - (3) It is the duty of each operator of a public food service establishment that provides commissary services to maintain a daily registry verifying that each mobile food dispensing vehicle that receives such services is properly licensed by the division. in order that such licensure may be readily verified, each mobile food dispensing vehicle operator shall permanently affix in a prominent place on the side of the vehicle, in figures at least 2 inches high and in contrasting colors from the background, the operator's public food service establishment license number. Prior to providing commissary services, each public food service establishment must verify that the license number displayed on the vehicle matches the number on the vehicle operator's public food service establishment license - History. --s- 2, ch- 1999. 1874; R5 871: GS 1229; RGS 2353; CGL 3757; s- 38, ch- 16042. 1933, s. 5. ch- 57-389; ss. 16. 35, ch. 69- 2006 September 13 www.MyFlorida-comldbpr Page 8 of 25 Cha 106; s. 5, ch. 7 42, ah. 79-240; 52, ch. 90 339; 6, ch. 96 384. Note. --Former s. 510.02. Florida Department of Business and Professional Regulation, Division of Hotels and Restaurants 509, Part 1 - Public Lodging and Food Service Establishments --2006 Florida Statutes 3-325; s. 3. ch. 76-168; s. 1, ch. 77457; ss. 7, 39, in any language or conduct which disturbs ss. 3, 4, ch. 81 161; ss. 2, 3, ch. 81-318; ss. 10; 51, and comfort of other guests or which injure s. 4, ch. 91-40; S. 4, rh. 91-429; s. 5, ch. 93-53; s. 509.111 Liability for property of guests. -- (1) The operator of a public lodging establishment is not under any Obligation to accept for safekeeping any moneys, securities, jewelry, or precious stones of any kind belonging to any guest, and, if such are accepted for safekeeping, the operator is not liable for the loss thereof unless such loss was the proximate result of fault or negligence of the operator. However, the liability of the operator shall be limited to $1,000 for such loss, if the public lodging establishment gave a receipt for the property (stating the value) on a form which stated, in type large enough to be clearly noticeable, that the public lodging establishment was not liable for any loss exceeding $1,000 and was only liable for that amount if the loss was the proximate result of fault or negligence of the operator. (2) The operator of a public lodging establishment is not liable or responsible to any guest for the loss of wearing apparel, goods, or other property, except as provided in subsection (1), unless such loss occurred as the proximate result of fault or negligence of such operator, and, in case of fault or negligence, the operator is not liable for a greater sum than $500, unless the guest, prior to the loss or damage, files with the operator an inventory of the guest's effects and the value thereof and the operator is given the opportunity to inspect such effects and check them against such inventory. The operator of a public lodging establishment is not liable or responsible to any guest for the loss of effects listed in such inventory in a total amount exceeding $1,000. History. --s. 4, ch. 1999. 1874; RS 873: GS 1231; RGS 2355; s. 11, ch. 9264, 1923; s. 1, ch. 12952, 1927; CGL 3759; s. 40. clr, 16042. 1933; CGL 1936 Supp. 3759; s. 1, ch. 23931, 1947; s. 2, ch. 28129, 1953; s. 6, ch. 73-325; s. 1, ch. 73-364; s. 3, ell. 76-168; s- 1. ch. 77-174; s. 1, ell. 77-457; ss. 6. 39, 42. ch. 79 240; ss. 3, 4, ch. 8f-161; ss. 2, 3, ch. 61-318; ss. 11, 51, 52, ch. 90 339; s. 4, ch 91-429. s. 671, ch. 97-103. Note. --Former s. 510.04. 509.141 Refusal of admission and ejection of undesirable guests; notice; procedure; penalties for refusal to leave. -- (1) The operator of any public lodging establishment or public food service establishment may remove or cause to be removed from such establishment, in the manner hereinafter provided, any guest of the establishment who, while on the premises of the establishment, illegally possesses or deals in controlled substances as defined in chapter 893 or is intoxicated, profane, lewd, or brawling; who indulges the peace s the reputation, dignity, or standing of the establishment; who, in the case of a public lodging establishment, fails to make payment of rent at the agreed-upon rental rate by the agreed-upon checkout time, who, in the case of a public lodging establishment, fails to check out by the time agreed upon in writing by the guest and public lodging establishment at check-in unless an extension of time is agreed to by the public lodging establishment and guest prior to checkout; who, in the case of a public food service establishment, fails to make payment for food, beverages, or services; or who, in the opinion of the operator, is a person the continued entertainment of whom would be detrimental to such establishment. The admission to, or the removal from, such establishment shall not be based upon race, creed, color, sex, physical disability, or national origin. (2) The operator of any public lodging establishment or public food service establishment shall notify such guest that the establishment no longer desires to entertain the guest and shall request that such guest immediately depart from the establishment. Such notice may be given orally or in writing. If the notice is in writing, it shall be as follows "You are hereby notified that this establishment no longer desires to entertain you as its guest, and you are requested to leave at once. To remain after receipt of this notice is a misdemeanor under the laws of this state." If such guest has paid in advance, the establishment shall, at the time such notice is given, tender to such guest the unused portion of the advance payment; however, the establishment may withhold payment for each full day that the guest has been entertained at the establishment for any portion of the 24-hour period of such day. (3) Any guest who remains or attempts to remain in any such establishment after being requested to leave is guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s- 775.083. (4) If any person is illegally on the premises of any public lodging establishment or public food service establishment, the operator of such establishment may call upon any law enforcement officer of this state for assistance. It is the duty of such law enforcement officer, upon the request of such operator, to place under arrest and take into custody for violation of this section any guest who violates subsection (3) in the presence of the officer. If a warrant has been issued by the proper judicial officer for the arrest of any violator of subsection (3), the officer shall serve the warrant, arrest the person, and take the person into custody. Upon arrest, with or without warrant, the guest will be deemed to have given up any right to occupancy or to have 2006 September 13 www.MyFlorida.com/dbpr Page 9 of 25 Florida Department of Business and Professional Regulation, Division of Hotels and Restaurants 42, ch. 79-240, ss. 2. 3, 4. ch. 81-161, ss. 2, 3, c . 8 S, s. , c. Chapter 509, Part 1 - Public Lodging and Food Service Establishments - 2006 Florida Statutes abandoned such right of occupancy of the premises, arrest under subsection (2) is not civilly or criminally and the operator of the establishment may then make liable for false arrest, false imprisonment, or unlawful such premises available to other guests- However, detention on the basis of any action taken in the operator of the establishment shall employ all compliance with subsection (1) or subsection (2)_ reasonableand proper means to care for any (4) A person who resists the reasonable efforts of an personal property which may be left on the premises operator or a law enforcement officer to detain or by such guest and shall refund any unused portion of arrest that person in accordance with this section is moneys paid by such guest for the occupancy of guilty of a misdemeanor of the first degree, such premises. punishable as provided in s. 775.082 or s. 775.083, unless the person did not know or did not have History ---ss- 1-3, ch. 22023, 1943; s. 1, ch. 63-96; s. 2, ch. 70-291; reason to know that the person seeking to make such s. 473, ch. 71-136; s- 5, ch. 72-48; s. 8, ch. 73-325; s. S. ch. 73- detention or arrest was the operator of the 330; s. 26, ch. 73-334; s. 3, ch. 76-168; s. 1, ch. 77451; ss. 9. 39, • • h} 31 1 t establishment or a law enforcement officer. ti. 89-82; ss. 12, 51, 52, ch. 90-339; s. 4, ch. 91429. Note. --former s. 510.08. 509.142 Conduct on premises; refusal of service.- -The operator of a public lodging establishment or public food service establishment may refuse accommodations or service to any person whose conduct on the premises of the establishment displays intoxication, profanity, lewdness, or brawling; who indulges in language or conduct such as to disturb the peace or comfort of other guests; who engages in illegal or disorderly conduct-, who illegally possesses or deals in controlled substances as defined in chapter 893, or whose conduct constitutes a nuisance. Such refusal may not be based upon race, creed, color, sex, physical disability, or national origin. History. --s- 1, ch. 65 131; s. 3, ch. 70-291; s. 6, ch. 72-48; s 9, ch. 73-325; s- 3, ch. 76-168; s. 1, ch. !1 457; ss. 10, 39, 42, ch. 79- 240; ss. 3, 4, ch. 81 161; ss 2, 3, ch 81-318; ss. 13, 51, 52, ch. 90 339; s. 4, ch. 91-429. 509.143 Disorderly conduct on the premises of an establishment; detention; arrest; immunity from liability. -- (1) An operator may take a person into custody and detain that person in a reasonable manner and for a reasonable time if the operator has probable cause to believe that the person was engaging in disorderly conduct in violation of s. 877.03 on the premises of the licensed establishment and that such conduct was creating a threat to the life or safety of the person or others. The operator shall call a law enforcement officer to the scene immediately after detaining a person under this subsection. (2) A law enforcement officer may arrest, either on or off the premises of the licensed establishment and without a warrant, any person the officer has probable cause to believe violated s. 877.03 on the premises of a licensed establishment and, in the course of such violation, created a threat to the life or safety of the person or others. (3) An operator or a law enforcement officer who detains a person under subsection (1) or makes an History ---s- 1, ch- 86 174; ss- 14, 52, ch. 90 339; S. 4, ch 91-429 509.144 Prohibited handbill distribution in a public lodging establishment; penaltie5.-- (1) As used in this section, the term: (a) "Handbill" means a flier, leaflet, pamphlet, or other written material that advertises, promotes, or informs persons about an individual, business, company, or food service establishment, but shall not include employee communications permissible under the National Labor Relations Act - (b) "Without permission" means without the expressed written or oral permission of the owner, manager, or agent of the owner or manager of the public lodging establishment where a sign is posted prohibiting advertising or solicitation in the manner provided in subsection (4). (c) "At or in a public lodging establishment" means any property under the sole ownership or control of a public lodging establishment - (2) Any individual, agent, contractor, or volunteer who is acting on Behalf of an individual, business, company, or food service establishment and who, without permission, delivers, distributes, or places, or attempts to deliver, distribute, or place, a handbill at or in a public lodging establishment commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. (3) Any person who, without permission, directs another person to deliver, distribute, or place, or attempts to deliver, distribute, or place, a handbill at or in a public lodging establishment commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. Any person sentenced under this subsection shall be ordered to pay a minimum fine of $500 in addition to any other penalty imposed by the court - (4) For purposes of this section, a public lodging establishment that intends to prohibit advertising or solicitation, as described in this section, at or in such establishment must comply with the following requirements when posting a sign prohibiting such solicitation or advertising: 2006 September 13 www-MyFlorida.com/dbpr Page 10 of 25 Florida Department of Business and Professional Regulation, DIVISJUFI of Hotels and Restaurants Chapter 509, Part 1 - Public Lodging and Foo_ d Service Establishments - 2006 Florida Statutes (a) There must appear prominently on any sign attempting to remove baggage shall constitute prima referred to in this subsection, in letters of not less facie evidence of fraudulent intent. If the operator of than 2 inches in height, the terms "no advertising" or the establishment has probable cause to believe, and "no solicitation" or terms that indicate the same does believe, that any person has obtained food, meaning. lodging, or other accommodations at such (b) The sign must be posted conspicuously. establishment with intent to defraud the operator (c) If the main office of the public lodging thereof, the failure to make payment upon demand establishment is immediately accessible by entering therefor, there being no dispute as to the amount the office through a door from a street, parking lot, owed, shall constitute prima facie evidence of grounds, or other area outside such establishment, fraudulent intent in such prosecutions. the sign must be placed on a part of the main office, such as a door or window, and the sign must face the I iistory.--s. 2, ch. 6954, 1915; RGS 5158; CGL 7261; s. 46, ch. street, parking lot, grounds, or other area outside 16042, 1933: CGL 1936 Supp. 7261; s. 2, ch. 63-546; s. 11, ch. such establishment. 73-325; s. 3, ch. 76-168; s. 1, ch, 77-457; ss. 12, 39. 42, ch. 79- 240; ss. 3, 4, ch- 81-161; ss. 2, 3, ch. 81-31815s. 51.52, ch. 90- (d) If the main office of the public lodging 339; s. 4, ch. 91-429. establishment is not immediately accessible by Note. --Former s. 511.39. entering the office through a door from a street, parking lot, grounds, or other area outside such 509.162 Theft of personal property; detaining and establishment, the sign must be placed in the arrest of violator; theft by employee. -- immediate vicinity of the main entrance to such (1) Any law enforcement officer or operator of a establishment, and the sign must face the street, public lodging establishment or public food service parking lot, grounds, or other area outside such establishment who has probable cause to believe establishment. that theft of personal property belonging to such History. --s. 2, ch. 2005-183. 509.151 Obtaining food or lodging with intent to defraud; penalty. -- (1) Any person who obtains food, lodging, or other accommodations having a value of less than $300 at any public food service establishment, or at any transient establishment, with intent to defraud the operator thereof, is guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775-083; if such food, lodging, or other accommodations have a value of $300 or more, such person is guilty of a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s- 775.0$4. (2) This section does not apply where there has been an agreement in writing for delay in payments- This section shall not be used to circumvent the procedural requirements of the Florida Residential Landlord and Tenant Act. History. --ss. 1-3, ch. 6954, 1915; RGS 5157; CGI-. 7260; s 45, ch. 16042, 1933; CGL 1935 Supp. 7260, s. 1, ch. 63-546; S. 474, ch - 71 -138: s. 10, ch- 13 325; s. 1, ch- 74314; s- 3, ch. 76-168; s 1, ch- 77 457; ss. 11, 39, 42, ch. 79 240; ss. 3, 4, ch 81-161; ss. 2, 3 ch- 81 318; ss. 15, 51, 52, ch. 90-339; 5 4: ch 91-429; s. 6, ch. 93-53- Note- Former s. 511.38. 509.161 Rules of evidence in prosecutions. --In prosecutions under s. 509.151, proof that lodging, food, or other accommodations were obtained by false pretense; by false or fictitious show of baggage or other property; by absconding without paying or offering to pay for such food, lodging, or accommodations; or by surreptitiously removing or establishment has been committed by a person and that the officer or operator can recover such property or the reasonable value thereof by taking the person into custody may, for the purpose of attempting to effect such recovery or for prosecution, take such person into custody on the premises and detain such person in a reasonable manner and for a reasonable period of time. If the operator takes the person into custody, a law enforcement officer shall be called to the scene immediately. The taking into custody and detention by a law enforcement officer or operator of a public lodging establishment or public food service establishment, if done in compliance with this subsection, does not render such law enforcement officer or operator criminally or civilly liable for false arrest, false imprisonment, or unlawful detention. (2) Any law enforcement officer may arrest, either on or off the premises and without warrant, any person if there is probable cause to believe that person has committed theft in a public lodging establishment or in a public food service establishment. (3) Any person who resists the reasonable effort of a law enforcement officer or operator of a public lodging establishment or public food service establishment to recover property which the law enforcement officer or operator had probable cause to believe had been stolen from the public lodging establishment or public food service establishment, and who is subsequently found to be guilty of theft of the subject property, is guilty of a misdemeanor of the first degree, punishable as provided in s. 775-082 or s. 775.083, unless such person did not know, or did not have reason to know, that the person seeking to recover the property was a law enforcement officer or the operator- For purposes of this section, the charge 2006 September 13 www.MyFlorida.com/dbpr Page 11 of 25 Florida Department of Business and Professional Regulation, Division of Hotels and Restaurants Chapter 509, Part 1 - Public Lodging and Food Service Establishments - 2006 Florida Statutes of theft and the charge of resisting apprehension may be tried concurrently. (4) Theft of any property belonging to a guest of an establishment licensed under this chapter, or of property belonging to such establishment, by an employee of the establishment or by an employee of a person, firm, or entity which has contracted to provide services to the establishment constitutes a felony of the third degree, punishable as provided in s. 775.082 or s. 775.083 - History --s 3, ch 63-546; s- 12, ch. 73-325; s. 3, ch. 76-168; s. 1, ch. 77-457; ss. 13, 39, 42; ch. 79-24Q; ss. 3, 4, ch. 81-161; ss. 2, 3 ch. 8 1 -31 H; ss. 16, 51, 52, ch. 90-339; s. 4, ch. 91-429. 509.191 Unclaimed property. --Any property with an identifiable owner which is left in a public lodging establishment or public food service establishment, other than property belonging to a guest who has vacated the premises without notice to the operator and with an outstanding account, which property remains unclaimed after being held by the establishment for 30 days after written notice to the guest or owner of the property, shall become the property of the establishment- Property without an identifiable owner which is found in a public lodging establishment or public food service establishment is subject to the provisions of chapter 705. History. --ss. 1, 2, ch, 6196, 1911, HGS 1357, 2358; CGL 3161, 3752; ss. 42, 43, ch. 11jU42, 1933; s. 125, ch. 26869, 1951; s. 15, ch. 73-325, s. 3, ch- 76-166; s. 188, ch- 11 104; s. 1, ch. 77 457; ss. 14, 39, 42, ch- 79-240-1 ss. 3, 4, ch. 81 161; ss. 2, 3, ch. 81-318; ss. 17, 51, 52, ch- 90-339, s. 4. Gh- 91-429; s. 2, ch. 58 275. Nolo.--"mice ss- 510.06, 510.01. 509.201 Room rates; posting; advertising; penalties. -- (1) In each public lodging establishment renting by the day or week there shall be posted in a plainly legible fashion, in a conspicuous place in each rental unit, the rates at which each such unit is rented. Such posting shall show the maximum amount charged for occupancy per person; the amount charged for extra conveniences, more complete accommodations, or additional furnishings; and the dates during the year when such charges prevail. Copies of the posted rate schedules for all similar rental units in each establishment shall be filed with the division at least 5 days before such rates are to become effective and shall be kept current. The rates posted in the rental units may not exceed those on file with the division, and an establishment may not charge more than the rates posted in the rental units and fled with the division. (2)(a) A person may not display or cause to be displayed any sign which may be seen from a public highway or street, which sign includes a statement or numbers relating to the rates charged at a public lodging establishment renting by the day or week, unless such sign includes, in letters and figures of similar size and prominence, the following information: the number of rental units In the establishment and the rates charged for each, whether the rates quoted are for single or multiple occupancy if such fact affects the rate charged, and the dates during which such rates are in effect. In each instance the rates charged may not exceed those filed with the division. A sign may not be displayed which includes a statement or numbers which appear to relate to the rate charged at a public lodging establishment when in fact the statement or numbers do not relate to such rates. (b) A person may not publish or cause to be published any advertisement, other than those referred to in paragraph (a), which includes a statement or numbers relating to rates charged at a public lodging establishment renting by the day or week unless such advertisement includes, in letters or figures immediately adjacent to said rate, a statement as to whether the rates quoted are for single or multiple occupancy if such fact affects the rates charged. Any such advertisement shall also include the dates during which such rates are in effect, an indication as to whether there are other rates in effect in the establishment, and, in the event the number of rental units in the establishment at the advertised rate is limited, the advertisement shall include a phone number to verify availability. The advertised rate in each instance may not exceed those filed for such units with the division. For any such advertisement, the type size of the required additional information may not be smaller than one - twelfth of the size of the rate figures advertised or equal to the type size used in the body of the advertisement, whichever is larger. The requirements of this paragraph apply to any type of display advertisement, regardless of whether it is printed in a magazine, newspaper, or other similar publication - (c) The provisions of paragraph (b) do not apply to advertisements or listings in guides or directories which are published by nonprofit organizations or associations or to advertisements of a classified nature placed in the classified section of newspapers and other similar publications. (d) An advertisement may not be published that contains false or misleading statements about any public lodging establishment - (3) Any operator of any public lodging establishment who violates, or causes to be violated, any of the provisions of this section is guilty of a misdemeanor of the second degree, punishable as provided in s- 775.082 or s. 775.083. In addition to the criminal penalty, the license of any public lodging establishment may be suspended or revoked by the division, or the division may impose fines on the licensee, in accordance with the provisions of s 509.261, when the operator of such establishment is determined by the division to have violated any 2006 September 13 www.MyFlarida-com/dbpr Page 12 of 25 Flonda Department of Business and Professional Regulation, Division of Hotels and Restaurants Chanter 589. Part 1 - Public Lodalna and Food Service Establishments - 2005 Florida Statutes provision of this section. It is not necessary that the offender be convicted of violating this section as a condition precedent to the suspension or revocation of such license or the imposition of a civil penalty by the division. (4) Subsection (1) and paragraphs (a), (b), and (c) of subsection (2) do not apply to any facility or unit classified as a resort condominium, nontransient apartment, or resort dwelling as described in s. 509.242(1)(c), (d), and (g). History. --ss. 1-4. 6, ch. 26907, 19 51 ; s. 1, ch, 29822, 1955: s. 6, ch. 57-389; ss. 16, 35, ch. 69-106: s. 477, ch, 71-136; s, 16, ch. 73-325; s, 1, ch. 74-347; s. 3. ch. 76-168; s. 1, ch. 77-174; s. 1, ch. 77-457; s, 9, ch. 78-95; ss. 15, 39, 42, ch. 79-240-1 ss. 3, 4, ch. 81- 161; ss. 2, 3, ch, 81-318; ss. 18, 51, 52, ch. 90-339; s. 5. ch. 91- 40; s. 4, ch. 91429; s. 7, ch. 93-53; s, 3, ch. 98-275. Note. --Farmer s. 511.45. 509.2015 Telephone surcharges by public lodging establishments. -- (1) A public lodging establishment which imposes a surcharge for any telephone call must post notice of such surcharge in a conspicuous place located by each telephone from which a call which is subject to a surcharge may originate. Such notice must be plainly visible and printed on a sign that is not less than 3 inches by 5 inches in size, and such notice shall clearly state if the surcharge applies whether or not the telephone call has been attempted or completed. (2) The division may, pursuant to s. 509.261, suspend or revoke the license of, or impose a fine against, any public lodging establishment that violates subsection (1). History. --s. 1, ch. 80-349; ss. 19, 52, cli. 90-339; s. 4, ch. 91-429. 509.211 Safety regulations. -- (1) Each bedroom or apartment in each public lodging establishment shall be equipped with an approved locking device on each door opening to the outside, to an adjoining room or apartment, or to a hallway. (2) The division, or its agent, shall immediately notify the local fresafety authority or the State Fire Marshal of any major violation of a rule adopted under chapter 633 which relates to public lodging establishments or public food service establishments. The division may impose administrative sanctions for violations of these rules pursuant to s. 509.261 or may refer such violations to the local firesafety authorities for enforcement. (3)(a) It is unlawful for any person to use within any public lodging establishment or public food service establishment any fuel -burning wick -type equipment for space heating unless such equipment is vented so as to prevent the accumulation of toxic or injurious gases or liquids. (b) Any person who violates the provisions of paragraph (a) is guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083, (4) Each public lodging establishment that is three or more stories in height must have safe and secure railings on all balconies, platforms, and stairways, and all such railings must be properly maintained and repaired. The division may impose administrative sanctions for vio€ations of this subsection pursuant to s. 509.261. History. --s. 5, ch. 1999, 1874; RS 874; G5 1232; ss. 17-23, ch. 6952, 1915; RGS 2137-2143, 2356; s. 7. ch. 9264, 1923; CGL 3366-3372: 3760; ss. 19-25, 41, ch. 16042, 1933; CGL 1936 Supp. 336E-3372; ss. 3-5, ch. 23930, 1947; s. 10, ch. 26484, 1951; s. 3, ch. 28129, 1953; s. 4, ch. 29829, 1955; s. 7, ch. 57-389; s. 1, ch. 63-67; s. 1, ch. 63-312; s, 1, ch. 63-426; s. 7. ch. 65-421; & 1, ch. 65-150; ss. 1, 2, ch. 67-232; ss. 16, 35, ch. 69-106; ss. 1, 2, ch - 70 -281: s. 478, ch. 71-136; ss. 2, 4, 13, ch. 71-157; s. 191, ch. 71- 377; s. 17, ch. 73-325; s. 3, ch. 76-168; s. 6, ch. 76-252; s. 1, ch. 77-457; s. 9, ch. 78-95; ss. 16, 39, 42, ch, 79-240; ss. 3, 4, ch. 81- 161-1 ss. 2, 3, ch. 81-318; s. 12, ch. 83-145; s. 6, ch. 86-174; s, 2, ch. 90-242; ss. 20, 51, 52. ch. 90-339; s. 6. ch. 91-40; s. 4, ch, 91- 429, Note. --Former ss. 510.05, 511-18-511.24 509.2112 Public lodging establishments three stories or more in height; inspection rules. --The Division of Hotels and Restaurants of the Department of Business and Professional Regulation is directed to provide rules to require that: (1) Every public lodging establishment that is three stories or more in height in the state file a certificate stating that any and all balconies, platforms, stairways, and railways have been inspected by a person competent to conduct such inspections and are safe, secure, and free of defects. (2) The information required under subsection (1) be filed commencing January 1, 1991, and every 3 years thereafter, with the Division of Hotels and Restaurants and the applicable county or municipal authority responsible for building and zoning permits. (3) If a public lodging establishment that is three or more stories in height fails to file the information required in subsection (1), the Division of Hotels and Restaurants shall impose administrative sanctions pursuant to s. 509.261. History. --s. 1, ch. 90-242; s. 7, ch. 91-40-1 s. 15, ch. 91-201; s. 4, ch. 91-429; s. 203, ch. 94-2 t8. 589.213 Emergency first aid to choking victims. -- (1) Every public food service establishment shall post a sign which illustrates and describes the Heimlich Maneuver procedure for rendering emergency first aid to a choking victim in a conspicuous place in the establishment accessible to employees, 2006 September 13 www.MyFiorida.comldbpr Page 13 of 25 Florida Department of Business and Frofcssional Regulation, Division of Hotels and Restaurants Chapter 509, Part 1 – Public Lodging and Food Service Establishments – 2006 Florida Statutes (2) The establishment shall be responsible for familiarizing its employees with the method of rendering such first aid. (3) This section shall not be construed to impose upon a public food service establishment or employee thereof a legal duty to render such emergency assistance, and any such establishment or employee shall not be held liable for any civil damages as the result of such act or omission when the establishment or employee acts as an ordinary reasonably prudent person would have acted under the same or similar circumstances. History. --ss. 1, 5, ch. 83-241; ss. 51, 52, ch. 96-339; s. 4, ch. 91 429; s. 672, ch. 97-103. 509.214 Notification of automatic gratuity charge.- -Every public food service establishment which includes an automatic gratuity or service charge in the price of the meal shall include on the food menu and on the face of the bill provided to the customer notice that an automatic gratuity is included. History. --s. 1, ch. 86-24; s. 1, ch. 88-16; ss. 21, 52, ch, 90-339: 5- 4, ch. 91-429. 509.215 Firesafety — (1) Any: (a) Public lodging establishment, as defined in this chapter, which is of three stories or more and for which the construction contract has been let after September 30, 1983, with interior corridors which do not have direct access from the guest area to exterior means of egress, or (b) Building over 75 feet in height that has direct access from the guest area to exterior means of egress and for which the construction contract has been let after September 30, 1983, shall be equipped with an automatic sprinkler system installed in compliance with the provisions prescribed in the National Fire Protection Association publication NFPA No. 13 "Standards for the Installation of Sprinkler Systems." The sprinkler installation may be omitted in closets which are not over 24 square feet in area and in bathrooms which are not over 55 square feet in area, which closets and bathrooms are located in guest rooms. Each guest room shall be equipped with an approved listed single -station smoke detector meeting the minimum requirements of NFPA-74 "Standards for the Installation, Maintenance and Use of Household Fire Warning Equipment," powered from the building electrical service, notwithstanding the number of stories in the structure or type or means of egress, if the contract for construction is let after September 30, 1983. Single -station smoke detection is not required when guest rooms contain smoke detectors connected to a central alarm system which also alarms locally. (2) Any public lodging establishment, as defined in this chapter, which is of three stories or more and for which the construction contract was let before October 1, 1983, shall be equipped with: (a) A system which complies with subsection (1); or (b) An approved sprinkler system for all interior corridors, public areas, storage rooms, closets, kitchen areas, and laundry rooms, less individual guest rooms, if the following conditions are met: 1. There is a minimum 1 -hour separation between each guest roam and between each guest room and a corridor. 2. The building is constructed of noncombustible materials. 3. The egress conditions meet the requirements of s. 5-3 of the Life Safety Code, NFPA 101. 4. The building has a complete automatic fire detection system which meets the requirements of NFPA-72A and NFPA-72E, including smoke detectors in each guest room individually annunciating to a panel at a supervised location. (3) Notwithstanding any other provision of law to the contrary, this section applies only to those public lodging establishments in a building wherein more than 50 percent of the units in the building are advertised or held out to the public as available for transient occupancy. (4)(a) Special exception to the provisions of this section shall be made for a public lodging establishment structure that is individually listed in the National Register of Historic Places pursuant to the National Historic Preservation Act of 1966, as amended; or is a contributing property to a National Register -listed district; or is designated as a historic property, or as a contributing property to a historic district under the terms of a Total preservation ordinance. (b) For such structures, provisions shall be made for a system of fire protection and lifesafety support that would meet the intent of the NFPA standards and be acceptable to, and approved by, a task force composed of the director of the Division of Hotels and Restaurants, the director of the Division of State Fire Marshal, and the State Historic Preservation Officer. When recommending alternative systems, the task force shall consider systems which would not disturb, destroy, or alter the integrity of such historic structures. The director of the Division of State Fire Marshal shall be designated chairperson of the task force and shall record the minutes of each task force meeting, which shall be called in a timely manner to review requests for special provision considerations under this subsection. (5) The Division of State Fire Marshal shall adopt, in accordance with the provisions of chapter 120, any rules necessary for the implementation and enforcement of this section. The Division of State Fire Marshal shall enforce this section in accordance with the provisions of chapter 633, and any establishment 2006 September 13 www. My Florida.com/dbpr Page 14 of 25 Florida Department of Rusiness and Professional Regulation, Division of Hotels and Restaurants Chapter 509, Part 1 - Public Lodging and Food Service Establishments -- 2006 Florida Statutes licensed under this chapter in violation of this section may be subject to administrative sanctions by the division pursuant to s. 509.261. (6) Specialized smoke detectors for the deaf and hearing impaired shall be available upon request by guests in public lodging establishments at a rate of at least one such smoke detector per 50 dwelling units or portions thereof, not to exceed five such smoke detectors per public lodging facility. (7) The National Fire Protection Association publications referenced in this section are the ones most recently adopted by rule of the Division of State Fire Marshal of the Department of Financial Services - History. -ss- 1, 3, 4, ch. 83-194; s. 91, ch. 85-81; s. 7, ch. 86-174; s. 32, ch. 88-90; s- 1, ch- 88-209; ss- 22, 51, 52, ch. 96-339; s. 8, ch. 91-40; s. 4, ch- 91-429; s. 11, ch- 96-384; s. 59, ch. 99-5; s. 7, ch- 2000-208; s- 567, ch. 2003-261. 509.221 Sanitary regulations, (1) Each public lodging establishment and each public food service establishment shall be supplied with potable water and shall provide adequate sanitary facilities for the accommodation of its employees and guests. Such facilities may include, but are not limited to, showers, handwash basins, toilets, and bidets. Such sanitary facilities shall be connected to approved plumbing. Such plumbing shall be sized, installed, and maintained in accordance with the Florida Building Code. Wastewater or sewage shall be properly treated onsite or discharged into an approved sewage collection and treatment system. (2)(a) Each public lodging establishment and each public food service establishment shall maintain not less than one public bathroom for each sex, properly designated, unless otherwise provided by rule. The division shall establish by rule categories of establishments not subject to the bathroom requirement of this paragraph. Such rules may not alter the exemption provided for theme parks in paragraph (b) - (b) Within a theme park or entertainment complex as defined in s- 509.013(9), the bathrooms are not required to be in the same building as the public food service establishment, so long as they are reasonably accessible. (c) Each transient establishment that does not provide private or connecting bathrooms shall maintain one public bathroom on each floor for every 15 guests, or major fraction of that number, rooming on that floor. (3) Each establishment licensed under this chapter shall be properly lighted, heated, cooled, and ventilated and shall be operated with strict regard to the health, comfort, and safety of the guests- Such proper lighting shall be construed to apply to both daylight and artificial illumination. 2006 September 13 (4) Each bedroom in a public lodging establishment shall have an opening to the outside of the building, air shafts, or courts sufficient to provide adequate ventilation. Where ventilation is provided mechanically, the system shall be capable of providing at least two air changes per hour in all areas served. Where ventilation is provided by windows, each room shall have at least one window opening directly to the outside. (5) Each transient establishment and each public food service establishment shall provide in the main public bathroom soap and clean towels or other approved hand -drying devices and each public lodging establishment shall furnish each guest with two clean individual towels so that two guests will not be required to use the same towel unless it has first been laundered. (6) Each transient establishment shall provide each bed, bunk, cot, or other sleeping place for the use of guests with clean pillowslips and under and top sheets. Sheets and pillowslips shall be laundered before they are used by another guest, a clean set being furnished each succeeding guest. All bedding, including mattresses, quilts, blankets, pillows, sheets, and comforters, shall be thoroughly aired, disinfected, and kept clean. Bedding, including mattresses, quilts, blankets, pillows, sheets, or comforters, may not be used if they are worn out or unfit for further use. (7) The operator of any establishment licensed under this chapter shall take effective measures to protect the establishment against the entrance and the breeding on the premises of all vermin. Any room in such establishment infested with such vermin shall be fumigated, disinfected, renovated, or other corrective action taken until the vermin are exterminated. (8) A person, while suffering from any contagious or communicable disease, while a carrier of such disease, or while afflicted with boils or infected wounds or sores, may not be employed by any establishment licensed under this chapter, in any capacity whereby there is a likelihood such disease could be transmitted to other individuals. An operator that has reason to believe that an employee may present a public health risk shall immediately notify the proper health authority - (9) Subsections (2), (5), and (6) do not apply to any facility or unit classified as a resort condominium, nontransient apartment, or resort dwelling as described in s. 509.242(1)(c), (d), and (g). History -ss. 12-16, 24-2r), 32, ch- 6952, ss. 1-5, ch- 6953, 1915: RGS 2132-2136, 2144-2146, 21:,2-2156, 5642; ss- 5, 6, 10, ch. 9264. 1923; ss 3: 4, ch- 120:)3, 1927; CGL 3361-3365, 3373- 3375, 3381-3385, 7836; ss- 14-18, 26-28, 34-37, ch. 16942, 1933; 0,G1. 1936 Supp- 3361-3365, 3373-3375, 3381, 3382, 3384. 3385; s. 8, ch. 57-389; s. 1, ch. 59-152; ss. 16, 35, ch. 69-106; s. 3, ch. 71-157; s. 18, ch. 73-325; s. 3, ch. 76-168; s. 1. ch. 77-174; s- 1, ch. 77-457; ss. 17, 39. 42, ch. 79-240; ss. 3, 4. ch. 81-161; s- 388. ch, 8'1-259; ss. 2, 3. ch. 81-318; ss. 3. 4, ch. 82-84; ss. 3, 4, ch. 83- 241; ss. 23, 51, 52. ch. 90-339; s. 9, ch. 91-40; s. 4, ch. 91-429; s. www.MyFlorida.com/dbpr Page 15 of 25 Cha Florida Department of Business and Professional Regulation, Division of Hotels and Restaurants 509, Part 1 -- Public Lodging and Food Service Establishments -- 2006 Florida Statutes 8, ch. 93-53; s. 7, ch. 96-384; s. 48, ch. 2000-141; s. 34, ch. 2601 186; s. 3, ch. 2001-372. Note—Former ss. 511.13-511,17, 511.25-519.27, 511.35-511.37, 511.42. 509.232 School carnivals and fairs; exemption from certain food service regulations. --Any public or nonprofit school which operates a carnival, fair, or other celebration, by whatever name known, which is in operation for 3 days or less and which includes the sale and preparation of food and beverages must notify the local county health department of the proposed event and is exempt from any temporary food service regulations with respect to the requirements for having hot and cold running water; floors which are constructed of tight wood, asphalt, concrete, or other cleanable material; enclosed walls and ceilings with screening; and certain size counter service. A school may not use this notification process to circumvent the license requirements of this chapter. History. --s. 1, ch. 81-147; ss. 24, 52, ch. 90-339; s. 4, ch. 91-429, s. 145, ch. 97-101. 509.233 Public food service establishment requirements; local exemption for dogs in designated outdoor portions; pilot program. -- (1) INTENT. --It is the intent of the Legislature by this section to establish a 3 -year pilot program for local governments to allow patrons' dogs within certain designated outdoor portions of public food service establishments. (2) LOCAL EXEMPTION AUTHORIZED. -- Notwithstanding s. 509.432(7), the governing body of a local government participating in the pilot program is authorized to establish, by ordinance, a local exemption procedure to certain provisions of the Food and Drug Administration Food Code, as currently adopted by the division, in order to allow patrons' dogs within certain designated outdoor portions of public food service establishments. (3) LOCAL DISCRETION; CODIFICATION. -- (a) The adoption of the local exemption procedure shall be at the sole discretion of the governing body of a participating local government. Nothing in this section shall be construed to require or compel a local governing body to adopt an ordinance pursuant to this section, (b) Any ordinance adopted pursuant to this section shall provide for codification within the land development code of a participating local government. (4) LIMITATIONS ON EXEMPTION; PERMIT REaUIREMENTS.-- (a) Any local exemption procedure adopted pursuant to this section shall only provide a variance to those portions of the currently adopted Food and Drug Administration Food Code in order to allow patrons' dogs within certain designated outdoor portions of public food service establishments. (b) In order to protect the health, safety, and general welfare of the public, the local exemption procedure shall require participating public food service establishments to apply for and receive a permit from the governing body of the local government before allowing patrons' dogs on their premises. The local government shall require from the applicant such information as the local government deems reasonably necessary to enforce the provisions of this section, but shall require, at a minimum, the following information: 1. The name, location, and mailing address of the public food service establishment. 2. The name, mailing address, and telephone contact information of the permit applicant. 3. A diagram and description of the outdoor area to be designated as available to patrons' dogs, including dimensions of the designated area; a depiction of the number and placement of tables, chairs, and restaurant equipment, if any, the entryways and exits to the designated outdoor area; the boundaries of the designated area and of other areas of outdoor dining not available for patrons' dogs; any fences or other barriers, surrounding property lines and public rights- of-way, including sidewalks and common pathways; and such other information reasonably required by the permitting authority. The diagram or plan shall be accurate and to scale but need not be prepared by a licensed design professional. 4. A description of the days of the week and hours of operation that patrons' dogs will be permitted in the designated outdoor area. (c) In order to protect the health, safety, and general welfare of the public, the local exemption ordinance shall include such regulations and limitations as deemed necessary by the participating local government and shall include, but not be limited to, the following requirements: 1. All public food service establishment employees shall wash their hands promptly after touching, petting, or otherwise handling dogs. Employees shall be prohibited from touching, petting, or otherwise handling dogs while serving food or beverages or handling tableware or before entering other parts of the public food service establishment. 2. Patrons in a designated outdoor area shall be advised that they should wash their hands before eating. Waterless hand sanitiser shall be provided at all tables in the designated outdoor area. 3. Employees and patrons shall be instructed that they shall not allow dogs to come into contact with serving dishes, utensils, tableware, linens, paper products, or any other items involved in food service operations. 4 Patrons shall keep their dogs on a leash at all times and shall keep their dogs under reasonable control. 2006 September 13 www.MyFlarida.com/dbpr Page 16 of 25 Florida department of Business and Professional Regulation, Division ul Hotels and Restaurants Chapter 509, Part 1 — Public Lodging and Food Service Establishments — 2006 Florida Statutes 5. Dogs shall not be allowed on chairs, tables, or contain the appropriate division -issued license other furnishings. number for each public food service establishment. 6. All table and chair surfaces shall be cleaned and (7) FUTURE REVIEW AND REPEAL. --This section sanitized with an approved product between seating shall expire July 1, 2009, unless reviewed and saved of patrons. Spilled food and drink shall be removed from repeal through reenactment by the Legislature. from the floor or ground between seating of patrons. 7. Accidents involving dog waste shall be cleaned Hislury.--s. 3, cl,. 2096 12. Note..- rhe word "service" was inserted by the editors. immediately and the area sanitized with an approved product. A kit with the appropriate materials for this 509.241 Licenses required; exceptions. -- purpose shall be kept near the designated outdoor (1 ) LICENSES; ANNUAL RENEWALS. --Each public area. lodging establishment and public food service S. A sign or signs reminding employees of the establishment shall obtain a license from the division. applicable rules shall be posted on premises in a Such license may not be transferred from one place manner and place as determined by the local or individual to another. It shall be a misdemeanor of permitting authority. the second degree, punishable as provided in s- 9. A sign or signs reminding patrons of the 775.082 or s. 775.083, for such an establishment to applicable rules shall be posted on premises in a operate without a license. Local law enforcement manner and place as determined by the local shall provide immediate assistance in pursuing an permitting authority. illegally operating establishment. The division may 10. A sign or signs shall be pasted in a manner and refuse a license, or a renewal thereof, to any place as determined by the local permitting authority establishment that is not constructed and maintained that places the public on notice that the designated in accordance with law and with the rules of the outdoor area is available for the use of patrons and division. The division may refuse to issue a license, patrons' dogs. or a renewal thereof, to any establishment an 11. Dogs shall not be permitted to travel through operator of which, within the preceding 5 years, has indoor or nondesignated outdoor portions of the been adjudicated guilty of, or has forfeited a bond public food service establishment, and ingress and when charged with, any crime reflecting on egress to the designated outdoor portions of the professional character, including soliciting for public food service establishment must not require prostitution, pandering, letting premises for entrance into or passage through any indoor area of prostitution, keeping a disorderly place, or illegally the food establishment. dealing in controlled substances as defined in (d) A permit issued pursuant to this section shall not chapter 893, whether in this state or in any other be transferred to a subsequent owner upon the sale jurisdiction within the United States, or has had a of a public food service establishment but shall expire license denied, revoked, or suspended pursuant to s. automatically upon the sale of the establishment. The 429.14. Licenses shall be renewed annually, and the subsequent owner shall be required to reapply for a division shall adopt a rule establishing a staggered permit pursuant to this section if the subsequent schedule for license renewals. If any license expires owner wishes to continue to accommodate patrons' while administrative charges are pending against the dogs. license, the proceedings against the license shall (5) POWERS; ENFORCEMENT. --Participating local continue to conclusion as if the license were still in governments shall have such powers as are effect. reasonably necessary to regulate and enforce the (2) APPLICATION FOR LICENSE. --Each person who provisions of this section. plans to open a public lodging establishment or a (6) STATE AND LOCAL COOPERATION. --The public food service establishment shall apply for and division shall provide reasonable assistance to receive a license from the division prior to the participating local governments in the development of commencement of operation. A condominium enforcement procedures and regulations, and association, as defined in s. 718.103, which does not participating local governments shall monitor own any units classified as resort condominiums permitholders for compliance in cooperation with the Under s. 509.242(1)(c) shall not be required to apply division. At a minimum, participating local for or receive a public lodging establishment license. governments shall establish a procedure to accept, (3) DISPLAY OF LICENSE. --Any license issued by document, and respond to complaints and to timely the division shall be conspicuously displayed in the report to the division all such complaints and the office or lobby of the licensed establishment. Public participating local governments' enforcement food service establishments which offer catering responses to such complaints. A participating local services shall display their license number on all government shall provide the division with a copy of advertising for catering services. all approved applications and permits issued, and the participating local government shall require that all History. --ss. 3-5, B. ch. 6952, 1915; RGS 2124-2126, 2129; ss. 3, applications, permits, and other related materials 4, ch. 9264, 1921 s. G, ch. 12 05 3, 1927; CGL 3353-3355, 335a; s. 2006 September 13 www.MyFlorida.com/dbpr Page 17 of 25 Florida Department of Business and Professional Regulation. Division of Hotels and Restauiarits Chapter 509, Part 1 - Public Lodging and Food Service Establishments - 2006 Florida Statutes 1, ch. 13659, 1929; ss. 6-8, 13, ch. 16042, 1933. CUL 1936 Supp. 3353, 3354; s. 1, ch. 23930, 1947; ss. 5, 6, ch. 29821, 1955, s. 1, ch. 29820, 1955: s. 9, ch. 57-389, s. 1, ch. 57-814, S. 1, ch. til 81; s. 1, ch. 67-507; ss. 16, 35, ch. 69-106. s. 4, ch. 70-251, s. 480, ch. 71-136; s. 6, ch. 71-157, s. 19, ch. 73-325. s. 20, ch. 7b 233; s. 3, ch. 76-168; s. 1, ch. 77-457; s. 17, ch. 78-33b, s. 1, ch. 78 343; ss. 18, 20, 39, 42. ch. 79-240; ss. 3, 4, ch. 81-1(31; s. 389, ch. 81 259; ss. 2, 3, ch. 81-318: s. 4, ch. 85-174; s. 23, ch. 89294; ss. 25, 51, 52, ch. 90-339. s. 10, cli. 91-40, s. 4, ch. 91 429; s. 97, ch 2006- 197. Nute.-+oroicr ss. 511.01 511.03, 511.10. 509.242 Public lodging establishments; classifications. -- (1) A public lodging establishment shall be classified as a hotel, motel, resort condominium, nontransient apartment, transient apartment, roominghouse, bed and breakfast inn, or resort dwelling if the establishment satisfies the following criteria: (a) Hotel. --A hotel is any public lodging establishment containing sleeping room accommodations for 25 or more guests and providing the services generally provided by a hotel and recognized as a hotel in the community in which it is situated or by the industry. (b) Motel. --A motel is any public lodging establishment which offers rental units with an exit to the outside of each rental unit, daily or weekly rates, offstreet parking for each unit, a central office on the property with specified hours of operation, a bathroom or connecting bathroom for each rental unit, and at least six rental units, and which is recognized as a motel in the community in which it is situated or by the industry. (c) Resort condornimorn.--A resort condominium is any unit or group of units in a condominium, cooperative, or timeshare plan which is rented more than three times in a calendar year for periods of less than 30 days or 1 calendar month, whichever is less, or which is advertised or held out to the public as a place regularly rented for periods of less than 30 days or 1 calendar month, whichever is less. (d) Nontransient apartnlcnt.--A nontransient apartment is any apartment building in which 75 percent or more of the units are available for rent to nontransient tenants. (e) Transient apartment. --A transient apartment is any apartment building in which units are advertised or held out to the public as available for transient occupancy. (f) Roominghouse.--A roominghouse is any public lodging establishment that may not be classified as a hotel, motel, resort condominium, nontransient apartment, fled and breakfast inn, or transient apartment under this section. A roominghouse includes, but is not limited to, a boardinghouse. (g) Resort dwelling. --A resort dwelling is any individually or collectively owned one -family, two- family, three-family, or four -family dwelling house or dwelling unit which is rented more than three times in a calendar year for periods of less than 30 days or 1 2006 September 13 calendar month, whichever is less, or which is advertised or held out to the public as a place regularly rented for periods of less than 30 days or 1 calendar month, whichever is less. (h) Bed and breakfast inn. --A bed and breakfast inn is a family home structure, with no more than 15 sleeping rooms, which has been modified to serve as a transient public lodging establishment, which provides the accommodation and meal services generally offered by a bed and breakfast inn. and which is recognized as a bed and breakfast inn in the community in which it is situated or by the hospitality industry. (2) If 25 percent or more of the units in any public lodging establishment fall within a classification different from the classification under which the establishment is licensed, such establishment shall obtain a separate license for the classification representing the 25 percent or more units which differ from the classification under which the establishment is licensed. (3) A public lodging establishment may advertise or display signs which advertise a specific classification, if it has received a license which is applicable to the specific classification and it fulfills the requirements of that classification. History. --s. 2. ch. 57-824; s. 2, ch. 61-81; ss. 16, 35, ch. 69-106, s. 3, ch. 76-168; s. 1, ch. 77-457; ss. 19, 39, 42, ch. 79-240; ss. 3, 4, ch, 81-161. ss. 2, 3, ch. 81-318; ss. 26, 51, 52, ch. 90-339; s. 11, ch. 91-40. s. 4, ch. 91-429. s. 9, ch. 93-53; s. 12, cfi. 96-384. 509.251 License fees. -- (1) The division shall adopt, by rule, a schedule of fees to be paid by each public lodging establishment as a prerequisite to issuance or renewal of a license. Such fees shall be based on the number of rental units in the establishment. The aggregate fee per establishment charged any public lodging establishment shall not exceed $1,000; however, the fees described in paragraphs (a) and (b) may not be included as part of the aggregate fee subject to this cap. Resort condominium units within separate buildings or at separate locations but managed by one licensed agent may be combined in a single license application, and the division shall charge a license fee as if all units in the application are in a single licensed establishment. Resort dwelling units may be licensed in the same manner as condominium units. The fee schedule shall require an establishment which applies for an initial license to pay the full license fee if application is made during the annual renewal period or more than 6 months prior to the next such renewal period and one-half of the fee if application is made 6 months or less prior to such period. The fee schedule shall include fees collected for the purpose of funding the Hospitality Education Program, pursuant to s. 509.302, which are payable in full for each application regardless of when the application is submitted. www. MyFlorida.co mld b p r Page 18 of 25 Florida Departrrieni. of Business and Professional Regulation, division of Hotels and Restaurants Chapter 509, Part 1 - Public Lodging and Food Service Establishments - 2006 Florida Statutes (a) Upon making initial application or an application for change of ownership, the applicant shall pay to the division a fee as prescribed by rule, not to exceed $50, in addition to any other fees required by law, which shall cover all costs associated with initiating regulation of the establishment - (b) A license renewal filed with the division within 30 days after the expiration date shall be accompanied by a delinquent fee as prescribed by rule, not to exceed $50, in addition to the renewal fee and any other fees required by law. A license renewal fled with the division more than 30 but not more than 60 days after the expiration date shall be accompanied by a delinquent fee as prescribed by rule, not to exceed $100, in addition to the renewal fee and any other fees required by law. (2) The division shall adopt, by rule, a schedule of fees to be paid by each public food service establishment as a prerequisite to issuance or renewal of a license. The fee schedule shall prescribe a basic fee and additional fees based on seating capacity and services offered. The aggregate fee per establishment charged any public food service establishment may not exceed $400; however, the fees described in paragraphs (a) and (b) may not be included as part of the aggregate fee subject to this cap- The fee schedule shall require an establishment which applies for an initial license to pay the full license fee if application is made during the annual renewal period or more than 6 months prior to the next such renewal period and one-half of the fee if application is made 5 months or less prior to such period. The fee schedule shall include fees collected for the purpose of funding the Hospitality Education Program, pursuant to s. 509.302, which are payable in full for each application regardless of when the application is submitted. (a) Upon making initial application or an application for change of ownership, the applicant shall pay to the division a fee as prescribed by rule, not to exceed $50, in addition to any other fees required by law, which shall cover all costs associated with initiating regulation of the establishment. (b) A license renewal filed with the division within 30 days after the expiration date shall be accompanied by a delinquent fee as prescribed by rule, not to exceed $50, in addition to the renewal fee and any other fees required by law. A license renewal filed with the division more than 30 but not more than 60 days after the expiration date shall be accompanied by a delinquent fee as prescribed by rule, not to exceed $100, in addition to the renewal fee and any other fees required by law. (3) The fact that a public food service establishment is operated in conjunction with a public lodging establishment does not relieve the public food service establishment of the requirement that it be separately licensed as a public food service establishment. (4) The actual costs associated with each epidemiological investigation conducted by the Department of Health in public food service establishments licensed pursuant to this chapter shall be accounted for and submitted to the division annually. The division shall journal transfer the total of all such amounts from the Hotel and Restaurant Trust Fund to the Department of Health annually; however, the total amount of such transfer may not exceed an amount equal to 5 percent of the annual Public food service establishment licensure fees received by the division. History. --ss. 6, 7, uh. 6952, 1915; FtGS 2127. 2128, ss. 1, 2, ch - 12053, 1927; CGL 3356, 3357; ss- 9-12, ch- 16042, 1933: ss. 2, 3, uh. 17092, 1935; GGL 1936 Supp. 3356(1 ), 3351(1); ss. 1, 2. ch 28276, 1953, ss- 2-5, ch- 29820, 1955; s 1, ch. 57 272; s. 1. ch 61-353; s. 1, ch. 63 350; ss. 1, 2, ch 67-271; ss 16, 35, ch. (39- 106; ss. 1, 2, ch. 72-228; s 4, ch 75-184; s. 3, rh. 76-10: s. 1, ch. 71-457: ss. 20, 39, 42, ch. 79 240; ss 3, 4, ch. 81-1fi1; ss. 2, 3, ch. 81-318; ss. 21, 51, 52, ch 90 339; s. 12, rh 91-40; S. 4, ch. 91- 429; s. 10, ch. 93 53; s 8, ch 96-384; s 747, ch. 99-8; s. 3, ch. 2002-299. Note --Former ss. 511.06 511.09. 549.261 Revocation or suspension of licenses; fines; procedure. -- (1) Any public lodging establishment or public food service establishment that has operated or is operating in violation of this chapter or the rules of the division, operating without a license, or operating with a suspended or revoked license may be subject by the division to: (a) Fines not to exceed $1,000 per offense; (b) Mandatory attendance, at personal expense, at an educational program sponsored by the Hospitality Education Program; and (c) The suspension, revocation, or refusal of a license issued pursuant to this chapter. (2) For the purposes of this section, the division may regard as a separate offense each day or portion of a day on which an establishment is operated in violation of a "critical law or rule," as that term is defined by rule. (3) The division shall post a prominent closed -for - operation sign on any public lodging establishment or public food service establishment, the license of which has been suspended or revoked. The division shall also post such sign on any establishment judicially or administratively determined to be operating without a license. It is a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083, for any person to deface or remove such closed -for -operation sign or for any public lodging establishment or public food service establishment to open for operation without a license or to open for operation while its license is suspended or revoked. The division may impose administrative sanctions for violations of this section. 2006 September 13 www.MyFlIcnda-comldbpr Page 19 of 25 Florida Department of Business and Professional Regulation, Division of Hotels and Restaurants Chapter 509, Part 1 - Public Lodging and Food Service Establishments - 2006 Florida Statutes (4) All funds received by the division as satisfaction for administrative fines shall be paid into the State 509.271 Prerequisite for issuance of municipal or Treasury to the credit of the Hotel and Restaurant county occupational license. --A municipality or Trust Fund and may not subsequently be used for county may not issue an occupational license to any payment to any entity performing required business coming under the provisions of this chapter inspections under contract with the division. until a license has been procured for such business (5)(a) A license may not be suspended under this from the division. section for a period of more than 12 months. At the end of such period of suspension, the establishment History. --s. 49, ch. 16042,1933; CGL 1936 Supp. 3355(1); s. 7, may apply for reinstatement or renewal of the license. ch. 29829, 1955; ss. 16, 35, ch. 69-106; s. 3, ch. 76-168; s. 1, ch. 77-457; ss. 22, 39, 42, ch. 79-240; ss. 3, 4, ch. 81-161: as. 2. 3, ch, A public lodging establishment or public food service g p 81-318; as. 29, 51, 52, ch. 90-339; s. 4, ch. 91-429. establishment, the license of which is revoked, may Nate. --former s. 511.04, not apply for another license for that location prior to the date on which the revoked license would have expired. 509.281 Prosecution for violation; duty of state (b) The division may fine, suspend, or revoke the attorney; penalties. -- license of any public lodging establishment or public (1) The division or an agent of the division, upon food service establishment if the operator knowingly ascertaining by inspection that any public lodging lets, leases, or gives space for unlawful gambling establishment or public food service establishment is purposes or permits unlawful gambling in such being operated contrary to the provisions of this establishment or in or upon any premises which are chapter, shall make complaint and cause the arrest of used in connection with, and are under the same the violator, and the state attorney, upon request of charge, control, or management as, such the division or agent, shall prepare all necessary establishment. papers and conduct the prosecution. The division (6) The division may fine, suspend, or revoke the shall proceed in the courts by mandamus or license of any public lodging establishment or public injunction whenever such proceedings may be food service establishment when: necessary to the proper enforcement of the (a) Any person with a direct financial interest in the provisions of this chapter, of the rules adopted licensed establishment, within the preceding 5 years pursuant hereto, or of orders of the division. in this state, any other state, or the United States, (2) Any operator who obstructs or hinders any agent has been adjudicated guilty of or forfeited a bond of the division in the proper discharge of the agent's when charged with soliciting for prostitution, duties; who fails, neglects, or refuses to obtain a pandering, letting premises for prostitution, keeping a license or pay the license fee required by law, or who disorderly place, illegally dealing in controlled fails or refuses to perform any duty imposed upon it substances as defined in chapter 893, or any other by law or rule is guilty of a misdemeanor of the crime reflecting on professional character. second degree, punishable as provided in s. 775.082 (b) Such establishment has been deemed an or s. 775.083. Each day that such establishment is imminent danger to the public health and safety by operated in violation of law or rule is a separate the division or local health authority for failure to meet offense, sanitation standards or the premises have been determined by the division or local authority to be I listory.--s. 11, ch. 6952, 1915; RGS 2131; CGL 3360; s. 9, ch. unsafe or unfit for human occupancy. 29821, 1955; as. 16, 35, ch. 69-106; s. 481, ch. 71-136; s. 21, ch. (7) A person is not entitled to the issuance of a 73-325; s. 26, ch. 73-334; s. 3, ch. 76-168; s. 1, ch. 77-457; ss. 23, 39, 42, ch. 79-240; as, 3, 4, ch. 81-161: ss. 2, 3. ch. 81-318; ss. 30, license for any public lodging establishment or public 51, 52. ch. 90-339; s. 4. ch. 91-429; s. 673, ch. 97-103. food service establishment except in the discretion of Note. --former s. 511.12, the director when the division has notified the current lice nseholder for such premises that administrative proceedings have been or will be brought against 509.285 Enforcement; city and county officers to such current licensee for violation of any provision of assist. --Any state or county attorney, sheriff, police this chapter or rule of the division. officer, and any other appropriate municipal and Histury.--s. 48, ch, 16(142, 193:3; CGL 1936 Supp. 3355(2); s 1, ch. 21560, 1943, s. 2, ch. '23936, 194e -;ss. 1 5, ch 26939, 1951; s. 1, ch. 28224, 19b3; s. 1, ch 29823, 1955; s. 1r), ch. 57-389; S. 40. ch. 6:3-fp12; s. 1, ch. 63-69; s. 1, ch. 63-68; s. 1, ch. 63-70; ss. 16, 35, ch. fiR-106; s. 192, ch. 71-377; s. 26, ch. 73-325; s. 3, ch. 76- 168; s. 188, ch. 77-104; s. 1, ch. 77-457; s. 9, ch. 78-95: as. 21. 39, 42, ch. 79-240; ss. 3, 4, ch. 81-161; ss. 2. 3, ch. 81-318; ss. 1, 4, ch. 82-84; ss. 28, 51, 52, ch. 90-339: s. 4, ch. 91-429; s. 11, ch. 93-53; s. 48, ch. 95-144. Norc.--l-ormor ss. 511.(15, 511.651. county official shall, upon request, assist the division or any of its agents in the enforcement of this chapter. I iistory.--ss. 31, 52, ch, 90-339; s. 4, ch. 91-429. 2006 September 13 www.MyFlorida.com/dbpr Page 20 of 25 Florida Department of Business and Prolessional Regulation, Division of Hotels and Restaurants r 509, Part 1 - Public Lodging and Food Service Establishments - 2006 Florida Statutes 509.291 Advisory council. -- (1) There is created a 10 -member advisory council. (a) The Secretary of Business and Professional Regulation shall appoint five voting members to the advisory council. Each member appointed by the secretary must be an operator of an establishment licensed under this chapter and shall represent the industries regulated by the division, except that one member appointed by the secretary must be a layperson and shall represent the general public. Such members of the council shall serve staggered terms of 4 years. (b) The Florida Hotel and Motel Association, the Florida Restaurant Association, the Florida Apartment Association, and the Florida Association of Realtors shall each designate one representative to serve as a voting member of the council. In addition, one hospitality administration educator from an institution of higher education affiliated with the Hospitality Education Program pursuant to S. 509.302(2) shall serve for a term of 2 years as a voting member of the council. This single representative shall be designated on a rotating basis by the institution or institutions of higher education affiliated with this program pursuant to s. 509.302(2). (c) Any member who fails to attend three consecutive council meetings without good cause may be removed from the council by the secretary. (2) The purpose of the advisory council is to promote better relations, understanding, and cooperation between such industries and the division; to suggest means of better protecting the health, welfare, and safety of persons using the services offered by such industries; to give the division the benefit of its knowledge and experience concerning the industries and individual businesses affected by the laws and rules administered by the division; to promote and coordinate the development of programs to educate and train personnel for such industries, and to perform such other duties as prescribed by law. (3)(a) The advisory council shall meet once each January, at which time a chairperson and vice chairperson shall be elected from the members. A member may not serve consecutive terms as a chairperson. (b) The council shall meet at the request of the division or at the request of a majority of the members. However, the council may not hold more than one meeting in any calendar month. (c) The council shall take action only by a majority vote of the members in attendance. (d) The division shall provide necessary staff assistance to the council. All minutes and records of the council shall be maintained by the division and shall be made available to the public upon request. (4) The members of the council shall serve without compensation but shall be entitled to receive reimbursement for per diem and travel expenses pursuant to s. 112.061. (5) The secretary and the division shall periodically review with the advisory council the division's budget and financial status for the purpose of maintaining the financial stability of the division. The council shall make recommendations, when it deems appropriate, to the secretary and the division to ensure that adequate funding levels from fees, penalties, and other casts assessed by the division and paid by the industries it regulates are maintained. (6) The division shall provide to the advisory council each year an annual internal audit of the financial records of the Hospitality Education Program for the purpose of permitting the advisory council to determine compliance with the provisions of s. 509.072(2). listory.--s. 1, ch. 28129, 1953: s. 2, ch. 29821, 1955; S. 11. ch. 57- 389; ss. 16, 35, ch. 69-106; s. 3, ch. 76-168; s. 1, ch. 77-457; s. 4, ch. 78-323; ss. 24, 39, 41, 42, ch. 79-240; ss. 1, 2, ch. 81 74; ss. 3, 4, ch. 81-161; ss. 2, 3, ch. 81-318; ss. 1, 4, ch. 82-46, ss. 32, 51, 52, ch. 90-339; s. 13, ch. 91-40; s. 4, ch. 91-429; s. 25, ch. 92 180; s. 204, ch. 94-218; s. 9, ch. 96-384; s. 248, ch. 99 6, s. 2, ch. 2000-191: s. 4, ch. 2002-299. Note. --Farmer s. 509.052. 509.292 Misrepresenting food or food product; penalty. -- (1) An operator may not knowingly and willfully misrepresent the identity of any food or food product to any of the patrons of such establishment. The identity of food or a food product is misrepresented if: (a) The description of the food or food product is false or misleading in any particular; (b) The food or food product is served, sold, or distributed under the name of another food or food product; or (c) The food or food product purports to be or is represented as a food or food product that does not conform to a definition of identity and standard of quality if such definition of identity and standard of quality has been established by custom and usage. (2) If the food or food product is a fruit or fruit juice, its identity is misrepresented if: (a) The description of the fruit or fruit juice is false or misleading in any particular; (b) The fruit or fruit juice is served, sold, or distributed under the name of another fruit or fruit juice; or (c) A synthetic or flavored drink is sold purporting to be fruit juice. The term "fresh juice" refers to a juice without additives and prepared from the original fruit within 12 hours or less of sale. (3) Any person who violates any provision of this section is guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083. 2006 September 13 www.MyFlorida.com/dbpr Page 21 of 25 Flonda Department of Business and Professional Regulation, Division of Hotels and Restaurants Chapter 509, Part 1 - Public Lodging and Food Service Establishments -_2006 Florida Statutes History. --s. 1, ch. 57-412; s. 482, ch. 71-136; s. 7, ch. 71-157, s. 22, ch. 73-325; s. 3, ch. 76-168; s. 1, ch. 77-457; ss. 25. 39, 42, ch. 79-240; ss. 3, 4, ch. 81-161; ss. 2, 3, ch. 81-318; ss. 33, 51, 52 ch. 90-339; S. 4, ch. 91-429- 509.302 Director of education; personnel; employment duties; compensation. - (1) The director shall, with the advice of the advisory council, employ a director of education for the lodging and food service industry. (2) The director of education shall develop and implement an educational program, designated the "Hospitality Education Program," offered for the benefit of the entire industry. This program may affiliate with Florida State University, Florida International University, and the University of Central Florida. The program may also affiliate with any other member of the State University System or Florida Community College System, or with any privately funded college or university, which offers a program of hospitality administration and management. The primary goal of this program is to instruct and train all individuals and businesses licensed under this chapter, in cooperation with recognized associations that represent the licensees, in the application of state and federal laws and rules. Such programs shall also include: (a) Career training. (b) Management training. (c) Inservice continuing education programs. (d) Awareness of food -recovery programs, as promoted in s. 570.0725. (e) Such other programs as may be deemed appropriate by the director of the division, the advisory council, and the director of education. (3) All public lodging establishments and all public food service establishments licensed under this chapter shall pay an annual fee of no more than $10 which shall be included in the annual license fee and which shall be used for the sole purpose of funding the Hospitality Education Program. (4) The director of education shall formulate an annual budget, programs, and activities to accomplish the purposes of this section, in accordance with and subject to the advice and recommendations of the advisory council. (a) The annual budget of the Hospitality Education Program must show that the total fees or charges estimated to be collected during the next fiscal year under this section will be dedicated solely to the estimated cost of funding the Hospitality Education Program, less any trust fund service charge imposed by s. 215.24. If the estimated cost of funding the Hospitality Education Program in any fiscal year is less than the total fees or charges estimated to be collected during that year, the director of education shall submit a report to the division director demonstrating why the amount of such fee or charge should not be immediately reduced to eliminate the 2006 September 13 projected surplus. The division director shall forward this report to the Secretary of Business and Professional Regulation as part of the division's annual budget request. (b) Bath the secretary's legislative budget requests submitted pursuant to ss. 216.023 and 216.031 and the Governor's recommended budget submitted pursuant to s. 216.163 must also show that the total fees or charges estimated to be collected during the next fiscal year under this section will be dedicated solely to funding the Hospitality Education Program, less any trust fund service charge imposed by s. 215.20. If the estimated cost of funding the Hospitality Education Program in any fiscal year is less than the total fees or charges estimated to be collected during that year, the secretary shall submit a report demonstrating why the amount of such fee or charge should not be immediately reduced to eliminate the projected surplus. (5) The director of education, with the approval of the director and with the advice of the advisory council, may employ such personnel as necessary to carry out the purposes of this section. (6) The director of education and any staff shall receive such compensation as may be approved by the director acting with the advice of the advisory council. (7) The director of education, with the approval of the director and with the consent of the advisory council, may designate funds, not to exceed $150,000 annually, to support school -to -career transition programs available through statewide organizations in the hospitality services field. Such programs shall be designed to prepare students for progressive careers in the hospitality industry. The director of education, with the approval of the director and with the consent of the advisory council, may also designate funds, not to exceed $50,000 annually, to support food safety training programs available through statewide organizations in the hospitality services field, and not to exceed $50,000 annually, to support nontransient public lodging training programs available through statewide organizations in the public lodging services field. (a) The director of education shall have supervision over the administration of the programs set forth in this subsection and shall report the status of the programs at all meetings of the advisory council and at such other times as are prescribed by the advisory council. (b) The division shall adopt rules providing the criteria for program approval and the procedures for processing program applications. The criteria and procedures shall be approved by the advisory council. iistory.-s. 2, ch. 61-257; s. 2, ch. 63-204; s. 2. ch. 73-296. s. 1, ch. 75-294; s. 3, ch. 76-168; s. '1, ch. 77-457: ss. 39. 42, ch. 79- 240; ss. 3, 4, ch. 81-161; ss. 2, 3, ch. 81-318; ss. 2, 4, ch. 82-84; s. 5, ch. 86-174; ss. 34, 51, 52, ch. 90-339; s. 14, ch. 91-40; s. 4, ch. www.MyFlorida.com/dbpr Page 22 of 25 Florida Department of Business and Professional Regulation, Division of Hatels and Reslauran[s Chapter 509, Part 1 - Public Lodging and Food Service Establishments - 2046 Florida Statutes 91-429; s. 10, ch. 96-384; s. 5, ch. 98-283; s. 48, ch. 2060-154, s- 5, ch. 2002-299; s. 58, ch. 2004-357. 509.4005 Applicability of ss. 609.401 -509.417. -- Sections 509-401-509-417 apply only to guests in transient occupancy in a public lodging establishment- listory.--ss. 27, 42, ch. 79-240; ss. 3. 4, ch. 81-161; ss. 2, 3, ch - 81 -318; ss. 51, 52, ch. 90-339; s. 4, ch. 91-429. 509.401 Operator's right to lookout. -- (1) If, upon a reasonable determination by an operator of a public lodging establishment, a guest has accumulated a large outstanding account at such establishment, the operator may lock the guest out of the guest's rental unit for the purpose of requiring the guest to confront the operator and arrange for payment on the account- Such arrangement must be in writing, and a copy must be furnished to the guest - (2) Once the guest has confronted the operator and made arrangements for payment on the account, the operator shall provide the guest with unrestricted access to the guest's rental unit - (3) The operator shall at all times permit the guest to remove from the rental unit any items of personal property essential to the health of the guest. History ---s. 1, ch. 77-249. ss. 27, 39, 42, ch- 79-240; ss- 3, 4, ch. 81-161. ss. 2, 3, cti. 81-318; ss. 35, 51, 52, ch. 90 339; S. 4, ch. 91-429. 509.402 Operator's right to recover premises. --If the guest of a public lodging establishment vacates the premises without notice to the operator and the operator reasonably believes the guest does not intend to satisfy the outstanding account, the operator may recover the premises. Upon recovery of the premises, the operator shall make an itemized inventory of any property belonging to the guest and store such property until a settlement or a final court judgment is obtained on the guest's outstanding account- Such inventory shall be conducted by the operator and at least one other person who is not an agent of the operator - History. --s. 1, ch. 77 249, ss. 28, 39, 42, ch. 79-240; ss. 3, 4, ch - 81 -161; ss. 2, 3, ch. 81-318; ss 36, 51, 52, ch- 90-339; s- 4, ch - 91 429. 509.403 Operator's writ of distress. --If, after a lockout has been imposed pursuant to s. 509.401, a guest fails to make agreed-upon payments on an outstanding account, or, notwithstanding s- 509.401, if a guest vacates the premises without making payment on an outstanding account, an operator may proceed to prosecute a writ of distress against the guest and the guest's property. The writ of distress shall be predicated on the lien created by s- 713-67 or s. 713.68. History. --s. 1. uh. 77-249; ss. 29, 39, 47, ch. 79-240; ss. 3, 4, ch - 81 -1x31; ss- 2, 3, ch- 81 318; ss. 37, 51, 52, ch. 90-339; s. 4, ch. 91-429. 509.404 Writ of distress; venue and jurisdiction. -- The action under s- 509-403 shall be brought in a court of appropriate jurisdiction in the county where the property is located. When property consists of separate articles, the value of any one of which is within the jurisdictional amount of a lower court but which, taken together, exceed that jurisdictional amount, the operator may not divide the property to give jurisdiction to the lower court so as to enable the operator to bring separate actions therefor. History ---s. 1, ch. 77-249; ss. 30, 39, 42. ch. 79-240; s. 213, ch. 79- 400; ss- 3, 4, ch. 81-161; ss. 2, 3, ch. 81-318; ss. 38. 51, 52, ch - 90 -339; s- 4, ch. 91-429. 509.405 Complaint; requirements. --To obtain an order authorizing the issuance of a writ of distress upon final judgment, the operator must first file with the clerk of the court a complaint reciting and showing the following information: (1) A statement as to the amount of the guest's account at the public lodging establishment. (2) A statement that the plaintiff is the operator of the public lodging establishment in which the guest has an outstanding account- If the operator's interest in such account is based on written documents, a copy of such documents shall be attached to the complaint. (3) A statement that the operator has reasonably attempted to obtain payment from the guest for an outstanding account, either by confronting the guest or by a lockout pursuant to s. 509.401, and that the guest has failed to make any payment or that the guest has vacated the premises without paying the outstanding account. (4) A statement that the account is outstanding and unpaid by the guest; a statement of the services provided to the guest for which the outstanding account was accumulated; and the cause of such nonpayment according to the best knowledge, information, and belief of the operator. (5) A statement as to what property the operator is requesting levy against, including the inventory conducted as prescribed by s. 509.402 if the operator has recovered the premises, and the authority under which the operator has a lien against such property - (6) A statement, to the best of the operator's knowledge, that the claimed property has not been taken for a tax, assessment, or fine pursuant to law or taken under an execution or attachment by order of any court. History. --s. 1, ch. 77-240; ss. 31, 39, 42, ah. 79 240, ss- 3, 4, ch. 81-151, ss. 2, 3, ch- 81-318; ss- 39, 51_52. 52, ch. 90 339, s. 4, ch. 91 429. 2006 September 13 www.MyF[orida.com/dbpr Page 23 of 25 Cha Florida Department of Business and Professional Regulation, Division of Hotels and Hestaurants r 509, Part 1 - Public Lodging and Food Service Establishments - 2006 Florida Statutes 609.406 Prejudgment writ of distress. -- (1) A prejudgment writ of distress may issue and the property seized may be delivered forthwith to the plaintiff when the nature of the claim, the amount thereof, and the grounds relied upon for the issuance of the writ clearly appear from specific facts shown by the verified petition or by separate affidavit of the plaintiff, (2) The prejudgment writ of distress may issue if the court finds, pursuant to subsection (1), that the defendant is engaging in, or is about to engage in, conduct that may place the claimed property in danger of destruction, concealment, removal from the state, removal from the jurisdiction of the court, or transfer to an innocent purchaser during the pendency of the action and that the defendant has failed to make payment as agreed. (3) The plaintiff shall post bond in the amount of twice the estimated value of the goods subject to the writ or twice the balance of the outstanding account, whichever is the lesser as determined by the court, as security for the payment of damages the defendant may sustain if the writ is wrongfully obtained. (4) The defendant may obtain release of the property seized under a prejudgment writ of distress by posting bond with surety within 10 days after service of the writ, in the amount of one and one-fourth the claimed outstanding account, for the satisfaction of any judgment which may be rendered against the defendant, conditioned upon delivery of the property if the judgment should require it. (5) A prejudgment writ of distress shall issue only upon a signed order of a circuit court judge or a county court judge. The prejudgment writ of distress shall include a notice of the defendant's right to immediate hearing before the court issuing the writ. (6) As an alternative to the procedure prescribed in subsection (4), the defendant, by motion fled with the court within 10 days after service of the writ, may obtain the dissolution of a prejudgment writ of distress, unless the plaintiff proves the grounds upon which the writ was issued. The court shall set such motion for an immediate hearing. History. --s. 1, ch. 77-249; ss. 32, 39, 42, ch. 79-246; ss. 3, 4. ch. Si -151; ss. 2, 3, ch. 81-318; ss. 40, 51, 52, ch. 90-339, s. 4. ch. 91-429. 509.407 Writ of distress; levy of writ. --The officer of the court to whom a final judgment writ of distress is directed shall execute the writ of distress by service on defendant and by levy on property distrainable for services rendered, if found within the area of the officer's jurisdiction. If the property is not so found but is in another jurisdiction, the officer shall deliver the writ to the proper authority in the other jurisdiction. The writ shall be executed by levying on 2006 September 13 such property and delivering it to the officer of the court in which the action is pending, to be disposed of according to law, unless the officer is ordered by such court to hold the property and dispose of it according to law. If the defendant cannot be found, the levy on the property suffices as service if the plaintiff and the officer each file a sworn statement stating that the whereabouts of the defendant are unknown. iistory.--s. 1, ch. 77-249, ss. 33, 39, 42, ch. 79-240, ss. 3, 4, ch. 81-161; ss. 2, 3, ch. 81-318; ss. 41, 51, 52, ch. 90-339: s. 4, ch. 91-429. 509.408 Prejudgment writ; form; return. --The prejudgment writ issued under s. 509.406 shall command the officer to whom it may be directed to distrain the described personal property of defendant and hold such property until final judgment is rendered. I iistory.--s. 1. ch. 77-249; ss. 34, 39, 42, ch. 79-240; ss. 3, 4, ch. 81-1G1; ss. 2, 3, ch. 81-318: ss. 51, 52, ch. 90-339, s.4, ch.91- 429. 509.409 Writ; inventory. --When the officer seizes distrainable property, either under s. 509.407 or s- 509408, and such property is seized on the premises of a public lodging establishment, the officer shall inventory the property, hold those items which, upon appraisal, would appear to satisfy the plaintiffs claim, and return the remaining items to the defendant. If the defendant cannot be found, the officer shall hold all items of property. The officer shall release the property only pursuant to law or a court order. History. --s. 1, ch. 77-249; ss. 35, 39, 42, ch. 79-240; ss. 3, 4, ch. 81-161; ss. 2. 3, ch. 81-318; ss. 42, 51. 52, ch. 90-339: s. 4, ch. 91-429. 509.411 Exemptions from writ of distress. --The following property of a guest is exempt from distress and sale under this chapter: (1) From final distress and sale: clothing and items essential to the health and safety of the guest. (2) From prejudgment writ of distress: clothing, items essential to the health and safety of the guest, and any tools of the guest's trade or profession, business papers, or other items directly related to such trade or profession. History. --s. 1, ch. 77-249; ss. 37, 39, 42, ch. 79-240. ss. 3, 4, ch. 81-161, ss. 2, 3, ch. 81-318, ss. 43, 51, 52, ch. 90 339; s 4, ch. 91-429. 509.412 Writ; claims by third persons. --Any third person claiming any property distrained pursuant to this chapter may interpose and prosecute a claim for wvvw.MyFlorida.com/dbpr Page 24 of 25 Florida Department of Business and Prolessiorlal Regulation, Division of Hotels and Restaurants Chapter 509, Part 1 - Public Lodging and Food Service Establishments -- 2006 Florida Statutes the property in the same manner as is provided in I listory.--s. 1, ch. 77-249, ss. 39, 42, ch, 79-240. ss. 3, 4, ch 81 - similar cases of claim to property levied on under 161; ss. 2, 3. ch. 81-318; ss. 46, 51, 52, ch. 90 339; s. 4, ch. 91- 429. execution. History. --s. 1, ch. 77-249; ss. 38, 39, 42, ch. 79-240; ss. 3, 4, ch. 81-161; ss. 2, 3, ch. 81-318; ss. 44, 51, 52, ch. 90-339: s. 4, ch. 91-429- 509.413 Judgment for }plaintiff when goods not delivered to defendant. --If it appears that the account stated in the complaint is wrongfully unpaid and the property described in such complaint is the defendant's and was held by the officer executing the prejudgment writ, the plaintiff shall have judgment for damages sustained by the plaintiff, which may include reasonable attorney's fees and costs, by taking title to the defendant's property in the officer's possession or by having the property sold as prescribed in s. 509-417- 1 11story-s. 09.417. 111story.--s. 1, ch. 77-249; ss. 39, 42, ch. 79-240-1 ss. 3, 4, ch. 81- 161; ss. 2, 3, ch. 81-318; ss. 45, 51, 52, ch. 90-339: s. 4, ch. 91- 429. 509.41:4 Judgment for plaintiff when goods retained by or redelivered to defendant. -- (1) If it appears that the property was retained by, or redelivered to, the defendant on the defendant's forthcoming bond, either under s. 509.406(4) or (6), the plaintiff shall take judgment for the property, which may include reasonable attorney's fees and costs, and against the defendant and the surety on the forthcoming bond for the value of the outstanding account, and the judgment, which may include reasonable attorney's fees and costs, shall be satisfied by the recovery and sale of the property or the amount adjudged against the defendant and the defendant's surety. (2) After the judgment is rendered, the plaintiff may seek a writ of possession for the property and execution for the plaintiffs costs or have execution against the defendant and the defendant's surety for the amount recovered and costs. If the plaintiff elects to have a writ of possession for the property and the officer is unable to find the property, the plaintiff may immediately have execution against the defendant and the defendant's surety for the whole amount recovered less the value of any property found by the officer. If the plaintiff has execution for the whole amount, the officer shall release all property taken under the writ of possession. (3) In any proceeding to ascertain the value of the property so that judgment for the value may be entered, the value of each article shall be found. 509.415 Judgment for defendant when goods are retained by or redelivered to the defendant. -- When property has been retained by, or redelivered to, the defendant on the defendant's forthcoming bond or upon the dissolution of a prejudgment writ and the defendant prevails, the defendant shall have judgment against the plaintiff for any damages due for the taking of the property, which may include reasonable attorney's fees and costs. The remedies provided in this section and s. 509.416 do not preclude any other remedies available under the laws of this state. History. --s. 1, ch. 77-249; ss. 39, 42, ch. 79-240; ss. 3, 4. ch. 81- 161; ss. 2, 3, ch. 81-318; ss. 47, 51, 52, ch. 90-339: s. 4, ch. 91- 429. 509.416 Judgment for defendant when goods are not retained by or redelivered to the defendant. --If the property has not been retained by, or redelivered to, the defendant and the defendant prevails, judgment shall be entered against the plaintiff for possession of the property. Such judgment may include reasonable attorney's fees and costs. The remedies provided in s. 509.415 and this section do not preclude any other remedies available under the laws of this state. History. --s. 1, ch. 77-249-1 ss. 39, 42, ch. 79-240; ss. 3, 4, ch. 81- 161; ss. 2, 3, ch. 81-318, ss. 48, 51, 52, ch. 90-339; s. 4, ch. 91- 429. 509.417 Writ; sale of property distrained. -- (1) If the judgment is for the plaintiff, the property in whole or in part shall, at the plaintiff's option pursuant to s. 549.413 or s. 509.414, be sold and the proceeds applied on the payment of the judgment. (2) At the time any property levied on is sold, it must be advertised two times, the first advertisement being at least 10 days before the sale. All property so levied on may be sold on the premises of the public lodging establishment or at the courthouse door. (3) If the defendant appeals and obtains a writ of supersedeas before sale of the property has occurred, the property shall be held by the officer executing the writ, and there may not be a sale or disposition of the property until final judgment is had on appeal - History. --s. ppeal. History.--s. 1, ch. 77-249: ss. 39, 42, ch. 79-240; ss. 3, 4. ch. 81- 161; ss. 2, 3, ch. 81-318; ss. 49, 51. 52, ch. 90-339; s. 4, ch. 91- 429. 2006 September 13 www.MyFlorida.com/dbpr Page 25 of 25 ORDINANCE NO. 19-2006 AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, FLORIDA, AMENDING: CHAPTER 110, ZONING, OF THE COIN: OF ORDINANCES; CLARIFYING THE INTENT OF THE R-1, R-2 AND R-3 RESIDENTIAL ZONING: DISTRICTS; DEFINING THE TERM "TRANSIENT COMMERCIAL USF.;" PROHIBITING TRANSIENT CO MMERCIAL USES IN THE R-1, R-2 AND R-3 RESIDENTIAL ZONING: DISTRICTS FOR SINGLE FAMILY I)WELLINGS OR MULTIPLE FAMILY DWELLINGS WITH FOUR (4) OR LESS UNITS FOR PERIODS OF LESS THAN NINETY (90) CONSFCUTIVE CALENDAR DAYS; ESTABLISHING A GRANDFATHERING: PROVISION FOR CERTAIN TRANSIENT COMMERCIAL USES IN RESIDENTIAL ZONING DISTRICTS BASED ON CERTAIN EXISTING: LICENCE AND TAX FACTORS SPECIFICALLY ENUMERATED HEREIN AND WHETHER SUCH USE WAS IN EXISTENCE ON NOVEMBER 21,2006; MAKING CONFORMING AND MISCELLANEOUS AMENDMENTS TO CHAPTER 110, ZONING; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES ANI) RESOLUTIONS; INCORPORATION INTO THE CODE; SEVERABILITY; AND AN EFFECTIVE DATE. WHEREAS, the City is granted the authority, under Section 2(h), Article VIlI, of the State Constitution, to exercise: any power for municipal purposes, except when expressly prohibited by law; and WHEREAS, the maintenance of the character of residential neighborhoods is a prober purpose of zoning. See Village of'Euclid v. Ambler Co., 272 U.S. 365 (1926); Millar v. Board cif Public Works, 234 P. 381 (Cal. 1925}: and WHEREAS. Ii initations on transient commercial uses of residential dwelling units serve a suhstantial governmental interest in preserving the character acrd integrity of residential neighborhoods. See Cope v. City cif Can.n.o`. Reach, 855 P.2d 1083 (Or. 1993); Ewing v. Ci.r_y of Carfnel-By-The-Sera, 280 Ca 1. Rptr. 382 (Cal. Ct. App. 1991); and WHEREAS, the City seeks to maintain residential zoning districts that are free from congestion and overpopulation and that promote the permanent residency of families; and WHEREAS, the City Council has considered and relied up011, in part, studies entitled A Rezoning .Study, prepared by Tuttle-Arinlield-Wagner dated May 2, 2005 and Brevard County Economic -Analysis of'Re.sidential Retioning Draft Report, prepared by Tindale -Oliver& Associates, City of Cups Canaveral ordinance No. 19-2006 f ,age 1 of 8 Inc. dated May 2005 for purposes of determining a reasonable time period, formula and procedure for amortizing nonconforming transient commercial use,,,; and WHEREAS, the City Council of the City of Cape Canaveral, Florida. liercby finds this Ordinance to be in the best interests of the public health, safety, and welfare of the citizens of Cape Canaveral. BE IT ORDAINED by the City Council of the City of Cape Canaveral, Brevard County, Florida, as follows: Section 1. Recitals. The foregoing recitals arc. hereby fully incorporated herein by this reference as legislative findings and the intent and purpose of the City Council of the City of Cape Canaveral. Section 2. Code Amendment. Chapter l 10, Zoning, of the Code of Ordinances, City of Cape Canaveral, Florida, is hereby amended as follows (underlined type indicates additions and sti-ikcotat type indicates deletions, while asterisks (" x *) indicate a dciction from this Ordinance of text existing in Chapter 1 10. It is intended that the text in Chapter 1 10 denoted by the asterisks and set forth in this Ordinance shall remain unchanged from the language existing prior to adoption of this Ordinance): CHAPTER 110. ZONING ARTICLE I. IN GENE RAL Sec. 110-1. Definitions. The following words, terms and phrases, when used in this chapter, ~hall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Transient commercial use means the rental or use of a residential dwelling unit as a bed and breakfast, hostel, hotel inn, lodge, motel, resort or other transient lodging uses for compensation, money, rent, or other bargained for consideration given in return for occupancy, possession or use of the dwelling unit. ARTICLE VII. DISTRICTS DIVISION 2. R-1 LOW DENSITY RESIDENT'I'AL DISTRICT City of Cape Canaveral Ordinance No. 19-2000 Page 2 of 8 See. 110-271. Intent. The requirements for the R-1 low density residential district are intended to apply to an area of single-family unattached residential development. Lot sues and other restrictions are intended to promote and protect a high quality of residential development lice from congestion and overpopulation, to promote thepermancnt residency of single families and to enhance and maintain the residential character and integrity of the area. See. 110-275. Prohibited uses and structures. The transient commercial use of a single-family dwellini7 for less than ninety 90 consecutive calendar days is prohibited, 5uhiect. to provisions Set forth in sectio 110-48 5 of this ('ode. - All other uses not specifically or provisionally permitted in this division and any uye not in keeping with the single-family residential character of the district. including two-family and multiple. -family dwellings, townhouses and mobile hoines parks, are prohibited. DIVISION 3. R-2 MEDIUM DENSITY RESIDENTIAL DISTRICT See. 110-291. Intent. The requirements for the R-2 medium density residential district are intended to apply to all area of medium density residential development with a variety of housing types. Lot sizes and other restrictions are intended to promote and protect medium density residential development maintaining an adequate anrount of open space for such development, Further, the provisions herein are 1nlended to promote areas free from con gcstion and overpopulation, to promote the permanent residency of families and to enhance and maintain the,residential character and inteogrit. of the area. See. 110-295. Prohibited uses and structures. (a) The transient commercial use, of a single-family dwellingdwellitig or a multi le -farm I dwelling with four (4) units or less for a period of less than ninety (90) consecutive. calendar da s is prohibited, subject to the l2rovisions set forth in section 110-495 of this Code. Dwelling uniI rentals of less than Seven U days shall he prohibited in multi -family structures of five (5) units or more. Ciiy of Cape Cauavend Qrdiilance No. 19-2006 pa (, i of 8 All other uses and structures not specifically or provisionally permitted in this division are prohibited. DIVISION 4. R-3 MEDIUM DENSITY RESIDENTIAL DISTRICT Sec. 110-311. Intent. The rcquircincnts for the R-3 medium density residential district are intended to apply to an area of medium density residential development with a variety of housing types. Lot sizes and other restrict i o ns are i ntended to promote and protect medium den si ty residential development ma i n t.a i n i n g an adequate amount of open space fn such development. Further, the provisions herein are intended to promote areas free from congestion and overpopulation, to prornote the permanent residenc of families and to enhance and maintain the residential character and into -,rity of the. arca. Sec. 110-315. Prohibited uses and structures. The transient commercial use of a single-family dwelling or a multiple -family - dwelling with four (4) unity or less for a period of less than ninety) consecutive calendar days iG prohibited subject to the 12rovisions set forth in section 110-485. �hL Dwellins unit rentals of less than seven (7) days shall he prohibited in multi -family structures of five (5) units or more. - Afl other uses and structures not specifically or provisionally permitted in this division are 1) roll ihited. ARTICLE IX. S1JPPI1FMENTARY DISTRICT REGULATIONS DIVISION 1. GENERALLY Sec 110-485. Dwellings; transient commercial use; nonconforming use status. (a) Subject to strict compliance with the reQUirernents set Furth if) subsections (b) and (c) of this scction, any transient_ commercial use of a residential dwelling, unit existing as of November 21. 2006 on real prop_rt� .zoned R-1. R -2L or R-3 shall he deemed a City of Cape Canaveral Ordinance Nn. 19-`7006 Page 4 of 8 nonconforming.,. use subject to tho provisions of Chapter l 10, Article V, Nonconformities, cif this Code. (b) In order to be considered existing as of November 21 2006 the person claiming a nonconformina transient commercial use of aresidcritial dwelling unit on real ro erty zrnted R-1_ R-2, or R-3 must. demonstrate one of the following_ (1) As of November 21. 2006. the dwelliM! Unit was licensed by the Division of Hotels and Restaurants of the Florida Department of Business. and Professional Regulation and applicable transient rental taxes pursuant to section 2 12.03, Fl orida Statutes, have been duly paid; (2) As of November 2.1, 2000, an occupational license was issued by the City for the dwellin unit for a transient commercial use and uj2plicable transient rental taxes pursuant to section 212.03, Florida Statutes have been duty paid, provided the_person licensed by the City obtains a license froze the Division of Hotels and Restaurants of the Florida Department of Business and Professional Regulation within ninety (90) days from November 21 2006: or (3) As of November 21, 2006, the person has a pending license application before. the. Divisinn of Hotels and Restaurants of the Florida Department of Business and Professional Regulation for a transient cottunercial use., provided the license is obtained within ninetv (90) days from November 21. 2006. (c) Anyi2erson claiming that a dwelling unit should be dccmcd uonconforininb under this section shall be required to file an al2plication with the city manager by March 1. 2007. The appli shall be on a form provided by the city manager and shall he for the purpose of verifying whether or not a particular dweiling unit should bc. deemed nonconforming under [his section. The application shall he accompanied with copies of all applicable licenses and tax receipts which arc: ncccssary for the city manager to determine whether or not the dwelling unit should be declared a nonconforming use. Upon verification that a nonconforming use Status exists for a particular dwelling unit, the city manager shall issue o thea licant a written notice. of nonconformin use status for the particular dwellin gunit. Persons shall be barred from claimin« nonconformingr use status under this section after March 1, 2007. Section 3. Conforming Amendments. The lnllowina conforming amendments are made to Chapter 110, Zoning, of the Code of Ordinances, City of Cape Canaveral, Florida (underlined type indicates additions and strtkentrt type indicates deletions, while asterisks (* k *) indicate a deletion from this Ordinance of text existin., in Chapter 110. It is intended that the text in Chapter 110 denoted by the asterisks and set forth in this Ordinance shall remain unchanged from the language existing prior to adaption of this Ordinance) - City of Cape Canaveral Ordinance No. 19-2006 Page 5 of 8 CHAPTER 110. ZONING ARTICLE VII. DISTRICTS DIVISION 2. R-1 LOW DENSITY RESIDENTIAL DISTRICTS Sec. 110-272. Principal uses and structures. The principal uses and structures in the R -I low density residential district arc as Follows: Single-family dwellings. In no case shall there be more than one principal structure per lot or parcel. Dwelling unit rentals offes. . DIVISION. 3. R-2 MEDIUM DENSITY RESIDENTIAL DISTRICT See. 110-292. Principal uses and structures. In the R-2 medium density residential district, the principal uses and structures shall he. (I) Single-family dwellings, (2) Two-family dwellings; (3) Multifamily dwellings; or (4) Public schools. Notwithstanding the foregoing, there shall be no more than 15 dwelling units per net residential acre: DIVISION 4. R-3 MEDIUM DENSITY RESIDENTIAL DISTRICT City of Cape Canaveral Ordinance No. 19 2006 pare 6 of 8 Sec. 114-312. Principal uses and structures. In the R-3 medium density residential district, the principal uses and structures shall be: (1) Single-family dwellings; (2) Two-family dwellings; (3) Multifamily dwellings; or (4) Public schools. Notwithstanding the foregoing. there shall be no more than 15 dwelling units per net residential acr , and dweiling unit rentals of less. Section 4. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent ordinances and resolutions adopted by the City Council, or parts of prior ordinances and resolutions in conflict herewith, are hereby repealed to the extent of the. conflict. Section S. Incorporation Into Code. This Ordinance shall be incorporated into the Cape Canaveral City Code and any section or paragraph, number or letter. and any heading may be changed or modified as necessary to effectuate the foregoing. Grammatical, typographical, and like errors may be corrected and additions, alterations, and omissions, not affecting the construction or meaning of this ordinance and the City Code may be frccl_y made. Section 6. Severability. If any section, subsection, sentence., clause, phrase, word or provision of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, whether for substantive, procedural, or any other reason, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions of this Ordinance. Section 7. Effective Date. This Ordinance shall become effective immediately upon adoption by the City Council of the City of Cape Canaveral. Florida. [ADOPTION PAGE FOLLOWS] City of Cape Canavc;ral Ordinance No. 19-2006 Page 7 of S ADOPTED by the City Council of the City of Cape. Canaveral, Florida, this day of —2006. ?006. ROCKY RANDELS, Mayor ATTHST- For Against Bob Hoog _.. Leo Nicholas Buzz l'ctsos Rocky Randels SUSAN STILLS, City Clerk C- Shannon Rohms 1P'Legal Ad Published: First Reading, 2' Legal Ad published: Second Reading: Approved as to legal form and sufficiency for the Laity of Cape Canaveral only: ANTHONY A. G A RG AN ES E, City Attorney City of Cape canaveral Ordinance No. 19_2006 Page 8 of 8 �ecurrrfi1Rihtfr r I&I alit[ vrilet'YAa�;�r�;perc enr; management of companies and enterprises, 4.03 percent; and In- iernet service providers, Wets search portals and data processing 9erv- ces, 3.67 percent. — Florida Agency for Workforce Innavativn Labor Market Statistics 2795 W. New Haven Ave., (192 Across from Target) Mon. -Sat. 10-7; Sun. 12::30-4:30 Oak Tree In Furniture W. Melbourne, FL 951-1124 ONE DAIS DENTURE SERVICE! Dentures ■ Relines ■ Repairs Reasonable Fees For PREMIUM DENTURES Partials Available Same In-house Certified Lab Technician For Over 30 Years 321-259-1949 '1301 W. Eau Gallia Blvd., Melbourn FL Hours by appointment Tues.-Thurs-sem, E. Bell, D.M.D. 1 NOTICE OF WORKSHOP MEETING CITY OF CAPE CANAVERAL CITY COUNCIL AND PLANNING AND ZONING BOARD The Cape Canaveral City Council will hold a Joint Workshop Meeting with the Planning and Zoning Board on Thursday, January 11, 2007 at 5:30 p.m. The meeting will be held at City Hall Annex, 111. Polk Avenue, Cape Canaveral, FL 32920. This meeting is to review transient commercial 1 short term rental us'ps in the City of Cape Canaveral. Susan Stills, CMC City Clerk THURSDAY, JANUARY 4, 2007 3B � : • NEWSPAPER PUBLIC NOTICE ANNOUNCEMENT -- MELBOURNE, FL WBND R WMMB My On December 12, 2008, an application was tendered for filing with the Federal Communications Commission in Washington, D.C., for transfer of control of Clear Channel Communications, Inc., the corporate parent of Capstar TX Limited Partnership, the licensee of WBVD 95-1 FM, WMMB 1240 AM, in Melbourne, FL, WMMV 1350 AM and WLR4 99.3 FM, in Cocoa, FL, from its current shareholders to Stockholders of BT Triple Crown Merger Co., Inc. The general partner of Capstar TX Limited Partnership Is AMFM Shamrock Texas, Inc., which Is a wholly owned subsidiary of Capstar Radio operating Company, which is a wholly owned subsidiary of AMFM Texas Broadcasting, L.P., whose general partner is AMFM Broadcasting, Inc., which is a whoily owned subsidiary of AMFM Radio Group, Inc., which is a wholly owned subsidiary of AMFM Operating, Inc,, which is a wholly awned subsidiary of Capstar Broadcasting Partners, Inc., which is a wholly owned subsidiary of AMFM Holdings, Inc., which is a wholly owned subsidiary of AMFM, Inc., which Is wholly owned by Clear Channel Communications. Inc., a publicly -traded company. The officers and directors of one or more of those entities are: L'Lowry Mays, Randall Mays, Mark Mays, Alan Feld, B.J. McCombs, Theodore Strauss, John Williams, Phyllis Rig gi is. J.C: Watts, Perry Lewis, John Zachry, John Hogan, Bob Cohen, Don Perry, Paul Meyer, Andrew Levin, Lisa Dollinger, H$rbert W. Hill, Jr., David Wilson, Kathryn Mays Johnson, Jessica Marventano, Bill Hamersly, Randy Palmer, John Tippit, Brian Coleman, Charles Dan, III, Stephanie Rosales, Joe Shannon, Dirk Eller, Paul Peterson, Mary Stich, Ace Horan, Chris Harrington, Scott Bick, Hamlet Newsom Jr., Richard Wolf, William Moll, Jerome Kersting, Jeff Littlejohn, Tom Owens, Charlie Rahllly, Mike DeClue, Rlck Mangurn, Matt Hupfeld, Tom Schurr, Susan Karls, Steve Davis, David Growl: Brandy Newman, Kristine Eppas . Following the transfer of control, the officers and directors of Clear Channel Communications, Inc. wiil include those aforementioned Individuals currently -serving as officers of Clear Channel Communications, Inc., and Scott Sperling, Richard Bressler, Kent Weldon, Charles Brizius, Stephen Barnes, John Connaughton, fan Loring, Edward Han, Mark Mays and Randall Mays. The greater than in /o stockholders of Clear Channel Communications, Inc. will be Thomas H. Lee Equity f=und VI, L.P. and Bain Capital (CC) IX, L.P. Bain Capital (CC) IX, L.P. is controlled by Bain Capital Partners (CC) IX, L.P., which is, in turn, controlled by Bain Capital Investors, LLC. Tho managing directors and members of. Bain Capital Investors, LLC are Andrew Belson, Stephen Barnes, Joshua Bakensteln, Edward Conard, John Connaughton, Paul Edgerly, Jordan Hitch, Matthew Levin, Ian Loring, Philip Loughlln, IV, Mark Nunnelly, Stephen Pagiiuca, Michael Ward and Stephen Zide. Additional members of Bain Capital Investors, LLC are Ajay Agarwal, Richard Albright, Dewey Awad, MichaEd Bevacqua, Ulrich Biffar, Philip Carter, Stuart Davies, Diane Exter, Domenic Ferrante, Michael Goss, James Kallogg, III, Ferdinando Grimaldi, James Hildebrandt, Jingsheng Huang, Michael Krupka, Jonathan Lavine, Matthew McPherron, Anand More, Kristin Mugford, James Nahirny, Benjamin Nye, William Pappendick, IV, Michell Plantevin, Dwight Polar, Peter Riehl, Douglas Rudisrh, Walid Sarkis, Jeffrey Schwartz, Junichi Shiroshita, Yuji Sugimoto and Jonathan Zhu. Thomas H. Lee Equity Fund VI, L.P. is controlled by THL Equity Advisors VI, LLC, which Is, In turn, controlled by Thomas H. Lee Partners, L.P. Thomas H. Lee Advisors, LLC is the General Partner of Thomas H- Lee Partners, L.P. Scott Schoen, Anthony DiNovi, and Scott Sperling are lirnited partners of Thomas H. Lee Partners, L.P. and Managing Directors, Co -Presidents, and members of Thomas H. Lee Advisors, LLC. Thomas Hagerty, Seth Lawry, Kent Woldon, Todd Abbrecht, Charles Brizlus, Scott Jaeckel, and Soren Oberg are limited partners of Thomas H. Lee Partners, L. -P. and Managing Directors and members of Thomas H- Lee Advisors, LLC. Georga Taylor, Richard Bressler, Gropnry White, Joshua Nelson, Jeff Swenson, Ganash Rao, James Carilsle, Joseph Pesce, Charles Holden, Joshua Bresler, Jeremy Tan, Warren Smith, Jr., Thomas H. Lee, David Harkins, Hunter Bolt, Terrence Meilen and Putnam investments, LLC are limited partners of Thomas I-1. Lee Partners, L.P. and members of Thomas H. Lee Advisors, LI -0. A cop yy of the application is on file for public inspection at 13138 S. Babcock St. Melbourne, FL 32901 during normal business hours. [[Y-IS7S ..,�. - ..5,. ':.F 3?? Sd,' .i'777T SiP: vi,'.�e!` ? :sS"P;"5'm': 4m"� m���... •. ..r .,nk..:;.,t" ;;?}; .' .z. .s. `....;4• fin.:;., s^•,.�i`i`,�^ k;7: t:r*,. , .. >k.