County Attorney Speaks on Short-Term Rentals

Flagler County Attorney Al Hadeed recently made a presentation about the current state of short-term rental legislation as part of the annual continuing education forum for the Florida Tourism Development Collectors Association, according to a county media release. Professionals representing the Florida Department of Revenue, county tax collectors, as well as clerks of court and auditor offices are responsible for collecting the Tourist Development Tax – also referred to as the bed tax.

Hadeed explained the legislation that passed the Florida House and Senate but that Governor Ron DeSantis recently vetoed. 

“The Governor’s veto message stated that the bill created too much bureaucracy for local governments and prevented them from enforcing standards appropriate for vacation rentals,” Hadeed said in the release.

In his presentation at the conference in Tampa, Hadeed explained why the bill was controversial and likely to be as contentious next year when the Legislature convenes in March 2025, the release states. He pointed out that the controversy stemmed from short term rentals locating in single family neighborhoods. Many disrupt the neighborhoods. Some rental properties become party houses and create nuisance type conditions. Local regulation was key to maintaining the residential character of these neighborhoods.  

According to the release, the bill also sought to regulate the short-term rental platforms such as Airbnb.  There were gaps in the bill concerning the collection authority of the attendees, who were eager to discuss the technical aspects of the bill and agreed to form a committee to monitor the bills in the next legislative session.

Hadeed, who has served in his role as county attorney for more than 25 years, has worked to stop legislative attempts that undermine home rule authority over the past dozen years. Legislation that was successfully enacted in 2014 reinstated significant local government regulatory authority that the Legislature had previously preempted in 2011, according to the release. The county used the new authority to enact its regulatory ordinance that has been the model for many local governments around the state.

“We were also required to defend the ordinance in court against a broad attack by the short-term rental industry,” Hadeed said in the release. “Flagler County prevailed on the legal issues and the claims were settled and dismissed with no monies paid to the rental property owners. The 2014 reform legislation that we advocated for, along with many other local governments, remains the law to this day.”

For his continuing efforts, the Florida Association of County Attorneys in 2018 recognized Hadeed for his distinguished service in representing the interests of Florida’s local governments on vacation rental issues.