FAC questions Vacation Rental Bill
Florida Bill Targets Sex Offenders Renting Vacation Properties
The Florida Action Committee will be circulating the following letter to all legislators in our State concerning the “Vacation Rental” bill that would impose ridiculous requirements on both registrants and owners of vacation rental properties.
The bill is the result of “knee-jerk” legislation that is proposed without any planning or forethought. In practice, it is impossible to comply with and imposes a significant burden on individuals, with the effect of banning registrants from vacation rentals.
It’s becoming a full time occupation just responding to these ridiculous ideas brought forth by supposedly intelligent legislators. It’s getting close to the close of the session and some don’t want it to close without them being able to say they did something…even if the ‘something’ was equivalent to ‘nothing’.
Great letter FAC.. Thank you
The language of this bill is incredibly vague and fraught with potential pitfalls for us and the property owners.
It seems the bill is aimed at Predators, but the word Offender is used in several places. I’m not sure which sections apply and which don’t. It also only mentions a link to the FDLE website, which would presumably only locate Florida registrants. And if this covers hotels and roadside motels, how in the ever living hell would we ever be able to stop for the night at a Motel 6 when we are simply tired from driving? What a nightmare.
By the way How would a vacationer (sex Offender ) from another state even know about this statute, before entering the state, legally. They have no obligation to check Florida’s laws before they enter the state. This law could actually cause every guest to be questioned before a reservation was made. WoW what a great tourism commercial this would make
As with any law, the onus is upon the citizen to know of a law’s existence. We, especially, need to be careful when traveling to other locales so we don’t run afoul of their state and local ordinances. I’ll admit at times I’ve been flippant or careless or not as careful as I should be in this regard and have traveled to other places without looking into registry timelines, proximity ordinances, etc. Fortunately it hasn’t come up as an issue and I’m much more careful now with the proliferation of these feel good laws that vary from one town to the next.
EVERY RSO, former RSO, or someone that WOULD BE an RSO by any state they travel to HAS to be aware of the requirements of the state they are traveling to. In Florida and several other states it doesn’t matter if you’ve been released from registry or your past offense doesn’t qualify there but does here is subject to lifetime registration HERE. Or face a felony for failure to register and risk prison time. Stay here 5 nights (soon to be 3) and someone catches wind, you’re screwed.
Yes thanks again FAC for jumping on this! The more I read this Bill and it’s amendments along with the Senate bill it opens up all sorts of issues. This Bill is not pro business in any way nor does it protect anybody. The over restrictive laws today already provide protection. This nonsense is simply made to Shame and punish. I believe if the Hotels and Florida Lodging groups know all the details they are going to also revolt.
But, but our great governor is supposed to be all about bringing business to FL! You’re right, this bill is totally anti business. What a bunch of fruitcakes we got running this state!
@ Anonymous,
Strongly disagree with your contention that “The over restrictive laws today already provide protection.” They do no such thing. If anything, the only crimes the registry plays a role in prevention or identification are status offenses.
Before anyone mentions it, Donald Smith was the exception, not the rule.
Unfortunately it seems that the landlords etc. are so frightened by this kind of legislation they rarely revolt. They know that the majority of their patrons are people who believe they needed to be protected from the RSO lurking around the corner. I saw this fear factor first hand when the sheriffs dept (erroneously I might add) threatened my sons landlord with the rental law that exists now (for homes and apartments etc.) – what I saw was a once supportive landlord turn into a non-ally.
How is this even enforcibile? If I rent a room from wherever, I’m not on a registry and I’m not going to be mentioning who else might e staying with me.
That would, unfortunately, be a felony.
(13) Any person who has reason to believe that a sexual offender is not complying, or has not complied, with the requirements of this section and who, with the intent to assist the sexual offender in eluding a law enforcement agency that is seeking to find the sexual offender to question the sexual offender about, or to arrest the sexual offender for, his or her noncompliance with the requirements of this section:
(b) Harbors, or attempts to harbor, or assists another person in harboring or attempting to harbor, the sexual offender; or
commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
Very good letter – however, I doubt it will even be addressed. I know the others voting on it will not see the letter unless it is sent to them directly – show me the names and addresses and I will be happy to do it
Thank you, Karen – we are sending it to every legislator in Florida.
They will CERTAINLY not address it – we rarely get replies, but we usually hear about it through the grapevine when a legislator lets us know “nobody wants to touch it, but they’ve been talking about it”
Great letter, all the right questions…
Can I assume that these same restrictions will apply to drug dealers, armed home invaders, armed car jackers, murderers, human traffickers, etc? Of course I say this ‘tongue in cheek’ knowing very well that these types of offenders are not to be feared when it comes to sex offenders. Hopefully arguing over gun control will keep this ridiculous bill from ever being considered before it’s time for the lawmakers to go home.
Maybe we should consider sending letters to the tourism , tour groups and motel and hotel organizations in the state. This is a anti business law, and their businesses would be affected . Would FAC be willing to write letters , and would members be willing to help? Maybe this fight can be won by groups larger and stronger than us.
There is another amendment included in this bill as reported out of the Government Accountability Committee that requires the operator of a public…vacation rental to inquire of the guest if he/she is a sexual predator, and if so, immediately inform all other guests of that fact. Wow! What a concept. My representative is also the Speaker of the House, and my letter to him included these comments:
• The requirement that any operator of a public lodging establishment inquire if a guest is a sexual predator, and, if so, that the operator IMMEDIATELY inform all other guests of that fact. Since the designation “SEXUAL PREDATOR” is prominently displayed on the state-issued driver’s license of FL drivers who are registered, it is likely that Florida residents who are registered will be revealed in this way. Visitors to Florida, and persons NOT on the FDLE Sex Offenders Registry may fail to accurately report their status. Thus, there is jeopardy for both the “operator” who may inadvertently omit revealing an out-of-state predator or an un-convicted predator, as well as for the “predator” and family who may be punished by ostracism and/or banishment.
This amendment was approved late last Friday…and is included in HB773.
Hi Jane,
What argument were you trying to make here? To make sure it is enforced to out of state visitors as well? Im thinking we would want letters against the bill as a whole, and not helping them to amend the bill even further, unless I am missing something here?
Darren,
What I was attempting to point out was this amendment which was approved to be included in the bill, put another but different requirement on sexual predators — to reveal that status on checking into a public vacation rental — and for the operator to notify EVERYONE also staying there that there was a sexual predator in the area. And that the operator as well as the registered citizen could be subject to penalties for failing to follow the law. This is truly a horrible bill, badly written as the FAC writer says.
Doesn’t this also conflict with another proposal that requires a registrant to register 48 hours prior to arrival? Wouldn’t they have to list that address to pre-register? Didn’t that proposal require notification to all other residences/rentals within 1,000 ft 24 hours before the resident’s arrival?
I do believe that some of these legislators, while coming up with these laws, must be smoking some of that ‘medicinal’ stuff.
It’s back: amendment to HB 219 would limit registrants’ stay in a vacation home to 24 hours:
https://www.wlrn.org/news/2021-02-10/florida-vacation-rentals-fight-revs-up-again
We OK with this?
(h/t: W.A.R. on Twitter)