BROOKSVILLE — A divided County Commission deadlocked July 28 on whether to regulate short-term vacation rentals, leaving a proposed ordinance in limbo after a long and sometimes heated public hearing.
A motion by Commissioner Ryan Amsler to deny the proposal and not bring it back, seconded by Commissioner Steve Champion, died on a 2-2 vote. The tie left staff without direction, and a second public hearing that had been planned may not happen.
“I think we did our very best on this,” Amsler said.
Depending on whom you ask, short-term rentals are either the linchpin of the county’s tourist economy or the bane of residents’ existence. Both camps turned out to make their case to the four commissioners present.
County Administrator Jeff Rogers said the county could raise the issue with lawmakers at a legislative meeting this fall. Development Services Director Omar DePablo said staff could research the matter further.
How the county got here
The county Planning Department presented a proposed ordinance Feb. 3 to adopt land development regulations for short-term vacation rentals, according to agenda documents. That draft was modeled on an ordinance adopted by Pinellas County, and commissioners reached a consensus that they did not want to move forward with it, calling some of its provisions too draconian.
Subsequent research by the county attorney’s office found that Hernando County could not adopt the rules of the state Department of Business and Professional Regulation for transient lodging, because the Legislature has preempted local governments from enforcing them.
State law bars a property owner from operating a vacation rental without a license from the department. The license must be displayed in the rental and renewed annually, and operating without one is a second-degree misdemeanor. Licensed operators also must meet safety requirements and submit to inspections.
Staff concluded the county could draft a land development regulation that would:
• Require owners to register short-term vacation rentals with the county.
• Require building and fire safety inspections as a condition of registration.
• Require a state license as a condition of registration.
• Prohibit the use of accessory structures and other non-dwellings as short-term rentals.
• Require owners to pay tourist development taxes.
Overreach or oversight?
Champion called the proposal a clear case of government overreach and regulation where none is needed, saying people should be free to do as they please with their property. When the government comes with its hands out, he said, it is to take from you, not give to you.
Campbell, the commission chairman, countered that short-term rentals are commercial businesses operating in residential neighborhoods and need some regulation. Speakers in the audience lined up on both sides.
Operators acknowledged there are bad actors in their business but said they follow the rules and make sure their guests do the same and respect neighbors. One woman said renting out her home for short stays has helped her keep pace with the rising cost of living, insurance and taxes.
Residents from neighborhoods where short-term rentals have proliferated described late-night and early-morning noise, crowded parking and disrespectful guests, and said their neighborhoods are being taken over.
Champion said he has neighbors he cannot stand, and they are permanent residents. He also said research he did using artificial intelligence showed the state already inspects rentals when complaints are filed, so more regulation is unnecessary.
“There is 52 in Weeki Wachee, 216 in Brooksville, 130 in Hernando Beach and 950 in Spring Hill,” he said of Airbnb listings. “That is from the government’s website on how many are registered.”
Bridge jumping
For a second straight meeting, residents who live near Rogers Park spoke about youths jumping from a bridge into the water below.
One resident said parents are recording their children making the jumps, and that some children have had to be rescued after being overpowered by the current. In one video, a youth leaped from the bridge and landed on a man floating past. The man was upset and lost his glasses.
Residents described other rescues and near-misses at low bridges in the area. One woman said she has bought an air horn to sound as she floats underneath. Resident Lucas Johns said some people are jumping from trees into the water as well.
Commissioners discussed questions of jurisdiction and what could be done beyond ticketing or arresting parents.
In other action
Commissioners approved a proclamation declaring Aug. 7 Purple Heart Day, honoring service members killed or wounded in battle and recognized three members of the Military Order of the Purple Heart. Purple Heart recipient Richard Hunt spoke about the medal’s history.
Campbell allowed a rare breach of protocol when resident Brian Moore, who had spoken earlier about Hunter’s Lake, interrupted the meeting. Campbell had said there would be no back-and-forth from the audience, but Moore said he had another watery issue to report: water was leaking from a ceiling vent onto him and his papers. Campbell let him speak, then adjourned a few minutes later for a break so maintenance could deal with the leak.