City of Deerfield Beach

Face Sheet

150 NE 2nd Avenue

Deerfield Beach, FL 33441

954-480-4200

File Number: I.D. 2017-571

Agenda Date: 2/6/2018

Status: Public Hearing - First

Reading

Version: 1

File Type: Ordinance

In Control: City Commission

P.H. 2018-057: Ordinance 2018/ - AN ORDINANCE OF THE CITY COMMISSION OF

THE CITY OF DEERFIELD BEACH, FLORIDA, AMENDING SECTION 98-106 OF

THE CITY LAND DEVELOPMENT CODE, ENTITLED “VACATION RENTALS”, BY

REMOVING AND REPLACING THE CERTIFICATE OF USE REQUIREMENT WITH

A VACATION RENTAL REGISTRATION PROCESS, PROVIDING FOR VACATION

RENTAL RESPONSIBLE PARTY APPLICATION AND AFFIDAVIT OF

COMPLIANCE SUBMITTAL REQUIREMENTS, AND ELIMINATING INTERIOR AND

EXTERIOR PROPERTY SKETCH SUBMITTAL REQUIREMENTS; PROVIDING

FOR CONFLICTS, SEVERABILITY, INCLUSION IN THE CITY CODE, AND AN

EFFECTIVE DATE.

Commission to vote on Ordinance and set second public hearing for February 20, 2017

Background/History:

The City Commission approved an Ordinace on June 19, 2017 that required that all short

term rental properties receive a Certificate of Use.

Current Activity:

The purpose of this amendment is to modify the way in which short term rental properties

will be registered and monitored. Under the proposed Ordinance, all property owners will

be required to register annually with the Planning and Development Services Department .

Property owners will still be required to apply for an annual Business Tax License. Staff is

seeking to enter into an agreement with a third party software provider who has the

capacity to monitor all vacation rental websites and determine which residential

properties are available for short term rental occupation within the City of Deerfield

Beach. This process will allow Code Compliance the necessary information to determine

which properties need to register with the City. As with the previous Ordinance, this

Ordinance does not prohibit vacation rentals or provide restrictions on length of stay. The

Ordinance simply looks to ensure the safety of property owners, transient visitors to the

City and to adjacent property owners of the vacation rental.

Recommendation:

The attached Ordinance seeks to amend an Ordinance previously approved by the City

Commission on June 19, 2017. On December 7, 2017 the Planning and Zoning Board

voted to recommend approval of the proposed ordinance.

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City of Deerfield Beach Printed on 1/24/2018

ORDINANCE NO. 2018/

AN ORDINANCE OF THE CITY COMMISSION OF THE CITY

OF DEERFIELD BEACH, FLORIDA, AMENDING SECTION 98-

106 OF THE CITY LAND DEVELOPMENT CODE, ENTITLED

“VACATION RENTALS”, BY REMOVING AND REPLACING

THE CERTIFICATE OF USE REQUIREMENT WITH A

VACATION RENTAL REGISTRATION PROCESS,

PROVIDING FOR VACATION RENTAL RESPONSIBLE

PARTY APPLICATION AND AFFIDAVIT OF COMPLIANCE

SUBMITTAL REQUIREMENTS, AND ELIMINATING

INTERIOR AND EXTERIOR PROPERTY SKETCH

SUBMITTAL REQUIREMENTS; PROVIDING FOR

CONFLICTS, SEVERABILITY, INCLUSION IN THE CITY

CODE, AND AN EFFECTIVE DATE.

WHEREAS, pursuant to Article VIII, Section 2(b) of the Florida Constitution and as

further provided in Section 166.021, Florida Statutes, the City of Deerfield Beach, Florida may

exercise any power for municipal purposes (“Home Rule Powers”) except when expressly

prohibited by the Florida law; and

WHEREAS, on June 19, 2017, pursuant to the City of Deerfield Beach’s Home Rule

Powers, the City Commission adopted Ordinance No. 2017/014, creating section 98-106 of the

City of Deerfield Beach, Florida Land Development Code, entitled “Vacation Rentals” (the

“Ordinance”); and

WHEREAS, Section 509.032(7)(b), Florida Statutes, expressly preempts any local

regulation that prohibits vacation rentals or regulates the duration or frequency of vacation rentals;

and

WHEREAS, the Ordinance does not prohibit vacation rentals or restrict their duration or

frequency; rather, the Ordinance requires vacation rental owners to obtain a certificate of use and

imposes minimum life safety standards in the interests of health, peace, safety and general welfare;

and

WHEREAS, the City Commission now desires to amend the Ordinance by replacing the

certificate of use requirement with a vacation rental registration process in order to reduce the

burden on vacation rental owners, and to make such other changes to the Ordinance as provided

herein; and

WHEREAS, the vacation rental registration process provided for herein would not be

enforced until October 1, 2018.

NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE

CITY OF DEERFIELD BEACH, FLORIDA AS FOLLOWS:

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Section 1. The above referenced “Whereas” clauses are true and correct and made a

part hereof.

Section 2. That section 98-106 of the City of Deerfield Beach, Florida Land

Development Code is hereby amended to read as follows:

Sec. 98-106. - Vacation rentals.

(a) Authority, Scope and Purpose.

(1) This chapter section is enacted under the home rule power of the City of Deerfield

Beach in the interest of the health, peace, safety and general welfare.

(2) Section 509.013, Florida Statutes, provides a distinction between "transient public

lodging establishments," which are rented, or advertised or held out for rental to

guests more than three times in a calendar year for periods of less than 30 days or

one calendar month, whichever is less; and "non-transient public lodging

establishments," which are rented, or advertised or held out for rental to guests for

periods of at least 30 days or one calendar month, whichever is less.

(3) Section 509.242(1)(c), Florida Statutes, further provides for a subset of transient

public lodging establishments, called "vacation rental", which is any unit or group

of units in a condominium or cooperative or any individually or collectively owned

single-family, two-family, three-family or four-family house or dwelling unit that

is also a transient public lodging establishment, but that is not a timeshare project.

(4) It is the intent of this section to regulate life safety requirements for vacation rentals,

as defined by Florida Statutes, which are located in single- family and two-family

residential dwelling zoning districts of the City of Deerfield Beach,. which

collectively are referred to herein as "vacation rental(s)."

(5) In 2011, the Florida Legislature passed House Bill 883, (Chapter 2011-119, Laws

of Florida), amending Florida Statutes, Section 509.032(b) to provide that "[a] local

law, ordinance or regulation may not restrict the use of vacation rentals, prohibit

vacation rentals or regulate vacation rentals based solely on their classification, use

or occupancy. This paragraph does not apply to any local law, ordinance or

regulation adopted on or before June 1, 2011."

(6) In 2014, the Florida Legislature passed Senate Bill 356 (Chapter 2014-71, Laws of

Florida), amending that same statute to read "[a] local law, ordinance or regulation

may not prohibit vacation rentals, or regulate the duration or frequency of rental of

vacation rentals. This paragraph does not apply to any local law, ordinance or

regulation adopted on or before June 1, 2011.

(7) This ordinance section does not prohibit vacation rentals, or regulate the duration

or frequency of vacation rentals, nor is it the intention of the City of Deerfield Beach

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to do so, but rather this section is intended to address life safety and compatibility

concerns and the secondary effects of vacation rentals in residential neighborhoods

in the interests of health, peace, safety and general welfare.

(b) Findings of fact.

(1) Residents residing within their residential dwellings are inherently familiar with the

local surroundings, local weather disturbances, local hurricane evacuation plans,

and means of egress from their residential dwellings, thereby minimizing potential

risks to themselves and their families.

(2) In contrast, transient occupants of vacation rentals, due to their transient nature, are

typically not familiar with local surroundings, local weather disturbances, local

hurricane evacuation plans, and means of egress from the vacation rentals in which

they are staying, thereby increasing potential risks to themselves and their families,

and putting an additional burden on, and potentially putting at risk, emergency

personnel in the event of an emergency situation.

(3) Certain vacation rentals are presently located within the city’s residential dwelling

zoning districts single family and two-family dwelling residential zoning districts

of the City of Deerfield Beach.

(4) Vacation rentals, left unregulated, can create negative impacts within residential

neighborhoods due to excessive noise, parking and traffic problems, excessive use

and impact on public services and public works, extreme size and/or greater

occupancy.

(5) Vacation rentals situated within residential neighborhoods can disturb the quiet

nature and atmosphere of the such residential neighborhoods, and the quiet

enjoyment of its residents.

(6) Vacation rentals located within established residential neighborhoods can create

negative compatibility impacts relating to extreme noise levels, late night activities,

on-street parking issues and traffic congestion.

(7) A residential dwelling is typically the single largest investment a family will make,

with the residents of the residential dwelling desiring the tranquility and peaceful

enjoyment of their neighborhood without excessive noise and increased parking

issues and traffic congestion caused by transient occupants of vacation rentals.

zoning districts provided they are in compliance with this section and the applicable zoning

district regulations. No person shall rent or lease all or any portion of a “dwelling unit” as

a “vacation rental”, as those terms are as defined in section 98-3, without complying with

the following standards governing the use of any vacation rental as a permitted use:

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(1) Minimum life/safety requirements:

a. Swimming pool, spa and hot tub safety. A swimming pool, spa or hot tub

shall comply with the current standards of the Residential Swimming Pool

Safety Act, Chapter 515, Florida Statutes.

b. Smoke and carbon monoxide (CO) detection and notification system. If an

interconnected and hard-wired smoke and carbon monoxide (CO) detection

and notification system is not in place within the vacation rental unit, then

an interconnected, hard-wired smoke alarm and carbon monoxide (CO)

alarm system one such system shall be required to be installed and

maintained on a continuing basis consistent with the requirements of

Section R314, Smoke Alarms, and Section R315, Carbon Monoxide

Alarms, of the Florida Building Code-Residential.

c. Fire extinguisher. A portable, multi-purpose dry chemical 2A:10B:C fire

extinguisher shall be installed, inspected and maintained in accordance with

NFPA 10 on each floor/level of the dwelling

unit. The extinguisher(s) shall

be installed on the wall in an open common area or in an enclosed space

with appropriate markings visibly showing the location.

d. Battery powered emergency lighting of primary exit. Battery powered

emergency lighting which provides illumination automatically in the event

of any interruption of normal lighting shall be provided for a period of not

less than one hour to illuminate the primary exit.

e. Emergency egress and maintenance. Halls, entrances and stairways within

a vacation rental shall be clean and ventilated. Hall and stair runners shall

be kept in good condition. Rails shall be installed on all stairways and

around all porches and steps.

(2) Maximum occupancy. All Each vacation rental dwelling units shall be occupied by

no more than one “family”, as such is defined in section 98-3 of this Code, and in

no event shall maximum occupancy of such dwelling unit exceed two persons per

bedroom plus two additional persons.

(3) Minimum vacation rental lease wording. The vacation rental lease agreement shall

contain the minimum information as provided for in subsection 98-106(fg).

(4) Minimum vacation rental information required postings. The vacation rental shall

be provided with posted material as required by the city as prescribed in subsection

98-106(gh).

(5) Responsible party. Designation of a vacation rental responsible party capable of

meeting the duties provided in subsection 98-106(eg).

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(6) Other standards. Any other applicable standards contained within the City of

Deerfield Beach Land Development Code and the City of Deerfield Beach Code of

Ordinances including but not limited to, Section 14-105 (Exterior building and

structure standards), section 14-106 (Minimum standards for yard and landscape

areas), section 58-69 (Preparation and storage of residential refuse), section 66-58

(Parking prohibitions on certain streets) and section 98-74 (Swimming pool

enclosure requirements).

(d) Certificate of useRegistration Required. It shall be unlawful for any person to operate a

vacation rental within the corporate limits of the city without first registering the vacation

rental with the planning and development services department in accordance with the

requirements in this subsection. All vacation rentals shall be registered no later than

October 1, 2018, or a date up to 90 days later if such later date is approved by resolution

of the City Commission. a certificate of use as set forth within Article IX of this Code.

Prior to the issuance of a certificate of use, the applicant must provide the following to the

planning and development services department:

(1) Initial Registration. Every vacation rental owner, either personally or through an

authorized agent, shall first register with the city by submitting to the planning and

development services department a properly completed registration form, utilizing

a form approved by the city, together with a registration fee in an amount

established by resolution of the City Commission. A separate registration form

shall be required for each vacation rental. The registration form shall include the

following submittals:

(1) a. A copy of the business tax receipt from the City of Deerfield Beach

pursuant to Chapter 38, Article VII, Division 5 of the Code of Ordinances.

(2) b. A copy of the vacation rental's current registration with the Broward County

Tourist Development Tax Section for purposes of collecting and remitting tourist

development taxes.

(3) c. A copy of the Florida Department of Business and Professional Regulation

license as a transient public lodging establishment/vacation rental.

(4) d. A copy of the vacation rental's current and active certificate of registration

with the Florida Department of Revenue for the purposes of collecting and

remitting sales surtaxes, transient rental taxes and any other taxes required by law

to be remitted to the Florida Department of Revenue, if the registrant has such

certificate of registration.

(5) Exterior site sketch. The sketch shall be drawn to scale showing

all structures, pools, fencing and uses, including areas provided for off-

street

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parking and trash collection. For purposes of the sketch, off-street parking

spaces will be delineated so as to enable a fixed count of the number of

spaces provided; however, no parking shall be permitted within a public

right-of-way or private roadway tract.

(6) Interior building sketch by floor. A building sketch(s) shall be provided by

floor. Showing a floor layout and demonstrating compliance with the

standards contained herein. The sketch shall be drawn to scale, showing all

bedrooms and sleeping areas, exits, smoke and carbon monoxide detectors,

and fire extinguishers, etc.

(7) e. Required vacation rental postings. Copies of required the postings required

by subsection 98-106(g) shall be provided.

f. A completed Vacation Rental Responsible Party Application, in a form

approved by the city, which includes the name, address and 24-hour

telephone number(s) of the vacation rental responsible party who satisfies

the requirements in subsection 98-106(e)(2)-(3).

g. A properly executed and notarized affidavit, in a form approved by the city,

acknowledging and agreeing to compliance with all of the vacation rental

requirements set forth in this section.

(2) Registration Renewal. After a vacation rental is initially registered, the registration

shall be renewed by October 1 of each year in the following manner:

a. Renewal affidavit. The registrant shall submit to the city a properly executed

and notarized affidavit, in a form approved by the city, attesting that there

have been no changes to the information in the initial registration form and

accompanying documents, including all updates pursuant to subsection 98-

106(3) or, alternatively, identifying and attesting to specific changes to the

registration information with any applicable supporting documents to be

submitted to the city.

b. Renewal fee. The registrant shall pay a renewal fee in an amount established

by resolution of the City Commission.

(3) Registration Updates. Any change(s) to the information or submittals included

with the initial or renewal registration must be reported to the city within 30 days

of the occurrence of such change(s) via a form approved by the city. The registrant

shall sign the form and attest to the truth and accuracy of the changes.

(4) Incomplete Registration/Renewal Affidavit. If a registration form or renewal

affidavit submitted pursuant to this subsection is incomplete, the registrant shall be

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notified of the deficiency and shall have 10 days from notification to correct the

deficiency.

(5) Evidence of Vacation Rental Operation. Advertising, listing or posting a property

on the internet, in a newspaper advertisement or other similar publication as being

available for use as a vacation rental creates a rebuttable presumption that the

property owner is operating it as a vacation rental. Nothing in this paragraph

precludes the city from presenting other forms of evidence.

(6) False Information. It shall be unlawful for any person to give any false or

misleading information in connection with the vacation rental obligations under this

section.

(e) Compliance inspections of vacation rentals. An inspection of the dwelling unit for

compliance with the minimum life/safety requirements set forth in subsection 98-106(c)(1)

above is required prior to issuance of a certificate of use. If violations are found, all

violations must be corrected and the dwelling unit must be re-inspected prior to issuance

of the certificate of use.

(ef) Vacation rental responsible party.

(1) The purpose of the responsible party is to respond to routine inspections as well as

non-routine complaints and other more immediate problems related to a

vacation

rental of the property.

(2) The property owner may serve in this capacity or shall otherwise designate a

vacation rental responsible party to act on their behalf. Any person 18 years of age

or older may be designated by the owner provided they can perform the duties listed

in subsection 98-106(ef)(3) below.

(3) The duties of the vacation rental responsible party whether the property owner or

an agent are to:

a. Be available by landline or mobile telephone at the listed phone number 24

hours a day, seven days a week and capable of handling any issues arising

from the vacation rental use; and

b. If necessary, be willing and able to come to the vacation rental dwelling unit

within two hours following notification from an occupant, the owner, or the

City to address issues related to the vacation rental; and

c. Authorized to receive service of any legal notice on behalf of the owner for

violations of this section; and

d. Otherwise monitor the vacation rental dwelling unit at least once weekly to

assure continued compliance with the requirements of this section.

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(4) A property owner may change his or her designation of a vacation rental responsible

party temporarily or permanently; however, there shall only be one vacation rental

agent for each vacation rental at any given time. To change the designated agent,

the property owner shall notify the city in writing via a completed form provided

pursuant to subsection 98-106(d)(3).by the city.

(fg) Vacation rental/lease agreements minimum provisions. The rental agreement must contain

the following information at a minimum:

(1) Occupancy of the vacation rental unit. A copy of the language in subsection 98-

106(c)(2) regarding maximum occupancy. No more than one family as such is

defined in section 98-3 of this Code and a total occupancy shall not be more than

two persons per bedroom plus two additional persons. Copy of City of Deerfield

Beach definition of family;

(2) A statement regarding the total number of parking spaces allowed for the vacation

rental dwelling unit; and

(3) A statement that all transient occupants must evacuate from the vacation rental

upon posting of following any evacuation order issued by local, state or federal

authorities.

(gh) Required posting of the following vacation rental unit information.

(1) On the back of or next to the main entrance door or on the refrigerator there shall

be provided as a single page the following information:

a. The name, address and mobile telephone number of the vacation rental

responsible party;

b. Notice that quiet hours are to be observed between 9:00 p.m. and 7:00 a.m.

daily or as superseded by any subsequent city noise regulation—Chapter

34, Article II, Noise Control;

c. The maximum number of vehicles that can be parked at the vacation rental

dwelling unit, along with a sketch of the location of the off-street parking

spaces;

d. The days of trash pickup and recycling pickup;

e. If the vacation rental unit is located on the barrier island, notice of sea turtle

nesting season restrictions and sea turtle lighting usage; and

f. The location of the nearest hospital.

(2) If the vacation rental unit includes three or more occupied floors, on the third floor

above ground level and higher floors there shall be posted, next to the interior door

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of each bedroom a legible copy of the building evacuation map—Minimum

8;hflf;" 8 1/2" by 11" in size.

(hj) Offenses/violations.

(1) Non-compliance with any provisions of this section shall constitute a violation of

this section.

(2) Separate violations. Each day a violation exists shall constitute a separate and

distinct violation.

(ij) Remedies/enforcement. Any violation of the provisions of this section may be enforced

either pursuant to Section 1-15 of the City of Deerfield Beach Code of Ordinances or

through the code enforcement process set forth within Chapter 2, Article VI of the City of

Deerfield Beach Code of Ordinances, or in any other manner authorized by applicable law.

Nothing contained herein shall prevent the City from seeking all other available remedies

which may include, but not be limited to, injunctive relief, liens and other civil and criminal

penalties as provided by law, as well as referral to other enforcing agencies. Violations of

this section shall be subject to penalties as part of a progressive enforcement program with

the primary focus on compliance and compatibility with adjoining properties, versus

penalties and legal actions. To accomplish a safe and effective vacation rental program it

is key that vacation rental responsible parties are responsive and responsible in the

management of the property for compliance with this section.

(1) Warnings. Warnings shall be issued for first-time violations and have a

correction/compliance period associated with it. Such warnings may include notice

to other agencies for follow up by such agencies, such as the Department of

Business and Professional Regulation, Broward County and the Broward County

Property Appraiser, as applicable.

(2) Penalties. Any violation of the provisions of this section may be enforced either

pursuant to Section 1-15 of the City of Deerfield Beach Code of Ordinances or

through the code enforcement process set forth within Chapter 2, Article VI of the

City of Deerfield Beach Code of Ordinances.

(3) Additional remedies. Nothing contained herein shall prevent the City from seeking

all other available remedies which may include, but not be limited to, injunctive

relief, liens and other civil and criminal penalties as provided by law, as well as

referral to other enforcing agencies.

(jk) VestingAdditional Time to Comply with Minimum Life Safety Standards. Some existing

vacation rentals may not meet the minimum life safety standards required in this section.

Correcting these measures may take some time to secure a licensed contractor, obtain the

necessary permits and complete the work. A vacation rental in operation on or before

February 20, 2018 shall have until October 1, 2018 to come into compliance with the

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minimum life safety standards, provided that the vacation rental is in compliance with all

other requirements contained in this section. Existing vacation rentals as of the date of the

adoption of the ordinance from which this section derives may become vested in the ways

described below, provided they are otherwise in compliance with all other requirements

contained herein. To qualify for any vesting existing vacation, rentals shall have until 90

days after the effective date of this section to make a full and complete application for a

vacation rental certificate and/or to receive a vacation rental certificate to come into

compliance with the city's requirements.

(1) Rental agreement vesting. It is recognized that likely there are existing rental

agreements for vacation rentals in existence at the time of passage of the ordinance

enacting this section which may not be in compliance with the terms of this section.

Rental agreements that were entered into prior to the effective date of this section

shall be considered vested. No special vesting process or fee shall be required to

obtain this vesting benefit other than demonstrating eligibility through the normal

certificate of use process. Such agreement(s) shall not be required to be submitted

to the city to obtain this vesting.

(2) Temporary vesting of certain safety requirements. Some existing vacation rentals

may not meet the minimum life safety standards required herein. Correcting these

measures may take some time to secure a licensed contractor, obtain the necessary

permits and complete the work. All vacation rentals shall have six months from the

effective date of the ordinance enacting this section to come into compliance with

these standards. A provisional certificate of use may be issued for up to a maximum

of six months past the adoption of the ordinance enacting this section granting time

for the facility to comply with the physical changes required. No special vesting

process or fee shall be required to obtain this vesting benefit other than

demonstrating eligibility through the normal certificate of use process.

(kl) Certificate of use revocation. Any vacation rental certificate of use issued under this

division may be revoked in accordance with section 98-165 for failure to comply with the

requirements of this section of the Code. No Waiver. An effective vacation rental

registration shall not be construed as a waiver of any requirements contained within the

City of Deerfield Beach Code of Ordinances or Comprehensive Plan. The effective

registration of a vacation rental shall not be construed as an approval of a use or activity

that would otherwise be illegal under Florida law, the Florida Building Code, the Florida

Fire Code or Life Safety Code.

Section 3. It is the intention of the City Commission and it is hereby ordained that the

provisions of this Ordinance shall become and be made a part of the Code of the City of Deerfield

Beach, and that the sections of this Ordinance may be renumbered to accomplish such intent.

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Section 4. Should any section, provision or word of this Ordinance be declared by a court

of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder

hereof.

Section 5. All ordinances or parts of ordinances that are inconsistent or in conflict with

the provisions of this Ordinance are repealed.

Section 6. This Ordinance shall be in full force and effect immediately upon its passage

and adoption.

PASSED 1

READING ON THIS ____ DAY OF ______________, 2018

PASSED 2

READING ON THIS ____ DAY OF ______________, 2018

_________________________

BILL GANZ, MAYOR

ATTEST:

____________________________________________

SAMANTHA GILLYARD, CMC, CITY CLERK