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Judy Titsworth Ouremail@email.com (000) 000-000

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EMERGENCY DIRECTIVE 20-05 - Prohibitions on Residential Rental Properties

EMERGENCY DIRECTIVE 20-05
CITY OF HOLMES BEACH, FLORIDA 

PROHIBITING CHECK-INS FOR RESIDENTIAL RENTAL PROPERTIES WITH CONDITIONS AND EXCEPTIONS; PROHIBITING ADVERTISEMENTS OF RENTAL OF RESIDENTIAL PROPERTIES WITH CONDITIONS AND EXCEPTIONS; PROVIDING FOR PENALTIES FOR VIOLATIONS; PROVIDING FOR AN EFFECTIVE DATE; AND PROVIDING FOR A TERMINATION DATE. 

WHEREAS, on March 11, 2020, the World Health Organization declared coronavirus (COVID-19) a pandemic; and

WHEREAS, the Centers for Disease Control and Prevention (CDC) is predicting widespread transmission of COVID-19 and has issued guidelines for “community mitigation strategies” to limit that spread, including recommendations for social distancing; and

WHEREAS, on March 17, 2020, Mayor Titsworth issued a proclamation declaring a state of emergency for the City of Holmes Beach due to COVID-19, which proclamation was codified by Resolution No. 20-08; and

WHEREAS, on March 23, 2020, Mayor Titsworth issued a first extension declaring a state of emergency for the City of Holmes Beach due to COVID-19, which proclamation was codified by Resolution No. 20-09; and

WHEREAS, on March 30, 2020, Mayor Titsworth issued a second extension declaring a state of emergency for the City of Holmes Beach due to COVID-19, which proclamation was codified by Resolution No. 20-10; and  

WHEREAS, on April 6, 2020, Mayor Titsworth issued a third extension declaring a state of emergency for the City of Holmes Beach due to COVID-19, which proclamation was codified by Resolution No. 20-12; and 

WHEREAS, on April 1, 2020, Governor DeSantis issued Executive Order Number 20-91, which provides that all persons in Florida shall limit their movements and personal interactions outside of their home to only those necessary to obtain or provide essential services or conduct essential activities through April 30, 2020; and 

WHEREAS, pursuant to Executive Order 20-91, the Governor has stated that a social gathering in a public space is not an essential activity; and

WHEREAS, pursuant to Executive Order 20-91, the Governor has stated that local jurisdictions shall ensure that groups of people greater than ten are not permitted to congregate in any public space; and  

WHEREAS, the City of Holmes Beach is threatened by COVID-19 because of the ability of the virus to spread rapidly among humans, including first responders and the workers of essential businesses that service the local community, and thereby constitutes a clear and present threat to the health, safety, and welfare of the residents and visitors of the City of Holmes Beach; and  

WHEREAS, the CDC has cautioned against non-essential travel with the United States; and  

WHEREAS, many cases of COVID-19 in Florida have resulted from individuals coming into the State of Florida from travel, whether international or from other states, posing great risk to Florida residents; and

WHEREAS, as of April 9, 2020, at 11:35 a.m., at least 175 people in Manatee County have tested positive for COVID-19, with at least 10 deaths, and additional confirmed cases have been reported in neighboring counties, including Sarasota, Hillsborough and Pinellas; and

WHEREAS, under the current circumstances, certain people will have an increased risk of infection, such as healthcare workers, first responders, and emergency medical services workers caring for patients with COVID-19 and others who have close contact with persons with COVID-19; and

WHEREAS, in the past 4 days the percentage of deaths of COVID-19 cases has doubled where over 6% of all COVID-19 cases in Manatee County have died and COVID-19 cases continue to rise; and

WHEREAS, the need for medical, life-saving equipment and other protective equipment supersedes the availability of these critical resources; and

WHEREAS, the increase in COVID-19 cases will only enhance the need of these supplies over time; and

WHEREAS, vacation rentals and third-party platforms advertising vacation rentals present attractive lodging destinations for individuals coming into Florida; and

WHEREAS, with the spread of coronavirus, the risk to people from coronavirus and recent proclamations by Governor DeSantis, Mayor Titsworth has determined that it is necessary to take the following actions to ensure the health, safety and welfare of the community.

NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS:

Section 1. Factual Basis. The above "WHEREAS" clauses are incorporated herein as findings of fact.

Section 2. Emergency Measures for Rental Properties.

            (a)        All parties engaged in the rental of vacation rental properties, as defined in §509.242(1)(c), Florida Statues, and any vacation and timeshare accommodations as defined in §721.05(1), Florida Statutes, shall cancel all existing reservations and shall not accept new guests or new reservations for the duration of this Directive. Any guests of such accommodations that have checked in as March 28, 2020 may remain for the duration of their stay. This Directive includes but is not limited to the rental of any house, condominium, cooperative, or dwelling unit that is also a transient public lodging establishment, as defined under §509.013(4)(a), Florida Statutes, and:

                        (i)  which is rented for periods of less than 30 days or 1 calendar month, whichever is less; or

                        (ii) which is advertised or held out to public as a place regularly rented to guests; or

                        (iii) which is otherwise regulated by the Department of Business and Professional Regulation as a vacation rental pursuant to section 509.241, Florida Statues.

            This Directive shall not include hotels, motels, inns, resorts, non-transient public lodging establishments, or long-term rentals. This prohibition does not affect the ability of an owner of a condominium, single family or multi-unit property from staying in his or her own property for some or all of the restricted period, excluding timeshares. This prohibition shall also not apply to persons performing military, emergency, governmental, health or infrastructure response.

            (b)        Advertisements for the rental of any kind of vacation rental property, including but not limited to, condominium, cooperative, apartment, multifamily, duplex, multi-unit or single family, located in the City of Holmes Beach, for any term shall be prohibited for check-ins to take place during the duration of this Directive.

Section 3.  Penalties for Violations.  Any person violating any provision of this Emergency Directive is guilty of a misdemeanor of the second degree, punishable as provided in § 252.50, Florida Statutes or any other relevant statute. In addition, any person violating any provision of this Emergency Directive shall receive a civil citation pursuant to Chapter 4 of the Ordinances of the City of Holmes Beach, and such violation shall constitute an “Irreparable Violation” under Chapter 4-11(d) and shall pay such fine as may be set forth therein.

Section 4.  Severability.  If any section, subsection, paragraph, sentence, clause or phrase in this resolution is held invalid by a court of competent jurisdiction, then such invalidity shall not affect the remaining portions thereof.

Section 5.  Effective Date and Termination Date.  This Emergency Directive shall take effect beginning at the expiration of the Governor’s Emergency Order 20-87 for a period of 7 days, unless earlier terminated or cancelled by official action of the Mayor. The Mayor may extend this Emergency Directive for an additional seven days, and may continue to extend this Emergency Directive for additional seven day periods, should it be determined by the Mayor that an extension is necessary to ensure the health, safety and welfare of the community.  In the event that the Governor’s Emergency Order 20-87 is extended without change by the Governor, this Emergency Directive shall be deemed null and void. 

Signed this 10th day of April, 2020. 

CITY OF HOLMES BEACH:

s/b Judy Titsworth, Mayor

 ATTEST:  s/b Stacey Johnston, MMC, City Clerk