Mar 28, 2020

Florida Governor Issues Executive Order Banning Short-Term Rentals

Alert | Community Association Law Alert

On March 27, 2020, Governor DeSantis issued Executive Order Number 20-87, banning short-term rentals for the next two weeks. Finding that Florida is experiencing an increase in individuals fleeing to Florida from out-of-state locations where “shelter-in-place” orders are being implemented and/or community spread exists, and the finding that vacation rentals and third-party platforms advertising vacation rentals in Florida present attractive lodging destinations for individuals coming into Florida, the Governor ordered the following:

Vacation Rentals

Vacation rentals are prohibited from making new reservations or bookings and shall not accept new guests for check-in for the duration of this order.  Further, all parties engaged in rental of vacation rental properties, as defined in section 509.242(1)(c), Florida Statutes, must suspend vacation rental operations. This order includes the:

  • Rental of any house, condominium, cooperative, or dwelling unit that is also a transient public lodging establishment and
  • Which is rented for periods of less than 30 days or one calendar month, whichever is less; or
  • Which is advertised or held out to the public as a place regularly rented to guests; or
  • Which is otherwise regulated by the Department of Business and Professional Regulation (“DBPR”) as a vacation rental pursuant to section 509.241, Florida Statutes.

Exempted from this order are:

  • Hotels, motels, inns, resorts, non-transient public lodging establishments, or time share projects; or
  • Long-term rentals; or
  • Rental stays where guests are currently staying in a vacation rental or have previously booked a stay and are scheduled to check-in no later than March 28, 2020; or
  • Rentals to persons performing military, emergency, governmental, health or infrastructure response, or travelers engaged in non-vacation commercial activities.

Violations of the Order may result in the DBPR revoking the vacation rental license of any party that violates the order or otherwise advertises vacation rental opportunities during the next 14 days. In addition, parties that violates this order or attempts to violate the order through advertising or other means of solicitation may be charged with a second-degree misdemeanor.

This Executive Order expires in 14 days unless extended by subsequent order.