Commissioners Consider Rental Registration Ordinance

Daytona Beach City Commissioners held the first reading of a rental registration ordinance earlier this month to replace the recently repealed rental licensing program.

If passed on second reading the ordinance creates an annual registration program that would apply to all owners of one to four residential units, according to a city staff report.

“Registration provides the city owner-related information and allows the city to obtain tenant-related information when needed, which is beneficial to the city in code enforcement,” the report said. In addition, the program creates a voluntary inspection program for registered properties. Property owners who request the inspection will have their registration fees waived and if they pass the inspection, fees for the following year inspection will be waived if one is requested.

According to the staff report, the registration  will include street address of the property, the number and type of residential units, the name, mailing and email addresses and phone number of the property owner or owners and any designated agent empowered to act on behalf of the owner, the same information for any person authorized to make or make arrangements for repairs to the property and the name, mailing and email address and phone number of a person 18-years-old or older who can be contacted 24 hours a day, seven days a week regarding the residential rental unit.

The rental licensing program was repealed in September after the Florida Legislature amended the Florida Residential Landlord and Tenant Act that preempts some local regulations.

According to a city staff report, Daytona Beach officials received a letter from a law firm representing a local rental property owner whose property was the subject of city code enforcement violations including the rental licensing program.

“Florida law provides that if, after this type of letter has been given to a local government, the local regulations are judicially determined to be preempted, the local government may be liable for attorneys’ fees and litigation costs in addition to damages,” the city report states. “If enforcement of the rental licensing program is judicially challenged, a reviewing court would likely determine that one or more provisions of the Program are preempted by the Residential Landlord and Tenant Act.”

A second public hearing and final action are scheduled for Nov. 20.