To:  Fellow Flagler Beach Residents
From:  Jane Mealy, City Commission Chair
Subject:  Short Term Rental Legislation

Date:  February 6, 2018

The Florida State Legislature is currently in session and is continuing its attack on “Home Rule”, despite the fact that, in 1968, Florida voters amended the State Constitution to delegate Home Rule authority to municipalities and counties.  One issue the Legislature is attempting to preempt cities and counties from governing in a way the majority of resident’s desire is that of vacation, or short term, rentals.

In 2008, after a great deal of discussion and sometimes heated debate among residents and between residents and the City Commission, an ordinance was passed in our City regulating short term rentals in the manner that worked best for our City.  During the last few Legislative sessions, our State leaders have attempted to preempt such ordinances at the City and County level and create laws at the State level that would be one-size-fits-all rules throughout the State.  This year is no exception.

Should the bills up for debate in the Legislature this year pass, Flagler Beach would no longer be able to regulate commercial activity in residential areas.  Legislators claim that vacation rentals are residential in nature and, thus, belong in residential neighborhoods.  The house next to you, possibly owned by an out-of-state investor, could be turned into a “hotel”, causing you to have new neighbors every few days, putting a strain on residential infrastructure, causing parking and possible noise-level issues, putting a strain on first responders and sanitation workers.  All short term rental licenses would be issued by the State, fire and building code inspections would be performed by the State (every two years, with only 1% of all short term rentals being inspected each year statewide), yet it would be up to local Law Enforcement to make sure that the laws are upheld.  (License fees would be collected by the State, but the increased costs to the City would no longer be funded by the license fees).  Single family residential homes would be allowed to rent to up to six people per bedroom (a home with three bedrooms = 18 people).  A local government could only regulate vacation rental properties in the same manner as they regulate all residential properties.  The City Commission would no longer be able to determine short term renters’ length of stay nor the frequency of short term rentals at any property.

The Flagler Beach Commission and City Manager have been actively working to prevent such legislation from being enacted.  However, as Legislative committees continue to meet, it appears as though this preemption will occur.

We are now asking for you, as a resident of our great City and a voter who elects our State level Representatives, to become more actively involved by contacting our legislators and sharing your thoughts with them regarding this issue. The bills you should discuss are:

• SB 1400 (submitted by Senator Steube)
• SB 1640 (submitted by Senator Simmons) – The Florida Vacation Rental Act, which will allow local agencies to follow zoning rules.

Contact:

Senator Travis Hutson
314 Senate Office Building
404 South Monroe Street
Tallahassee, FL 32399-1100
(850) 487-5007
Hutson.Travis@flsenate.gov

Representative Paul Renner
1101 The Capitol
402 South Monroe Street
Tallahassee, FL 32399-1300
(850) 717-5024
Paul.Renner@myfloridahouse.gov

Let’s all work to preserve the unique character of our City, to preserve the Commission’s ability to govern as is best for our City, and to preserve our residential neighborhoods.

PUBLIC SERVICE ANNOUNCEMENT

Subject: Winter “Bomb Cyclone” – Beach Access/Dune Crossovers Damaged
Date: January 4, 2018

Last night’s high tides associated with the winter “Bomb Cyclone” severely damaged many of our City’s Beach Access/Dune Crossover locations. Earlier today City Staff conducted an inspection of all City Beach Access/Dune Crossover locations. Effective today, Thursday, January 4, 2018 at 12:00 p.m., the following Beach Access /Dune Crossover locations are open for public usage:

North of SR100 South of SR100
North 23rd Street Ramp between SR100 & South 2nd
North 12th Street South 2nd Street
North 8th Street South 3rd Street
North 7th Street South 4th Street
North 3rd Street South 5th Street
North 2nd Street South 6th Street
South 11th Street
South 21st Street
South 22nd Street
South 28th Street
South City Limits/Volusia County line

Our Beach is open and please remember the following:
 Please utilize the above Beach Access/Dune Crossovers only. Do not walk on or across the Sea
Dunes to prevent further erosion of the Dune system. City Ordinance 6-9 prohibits the
destruction, harm, molestation, cutting, harvesting, removal or eradication or cause of
destruction of any plant life on the Dune areas within the City, east of Highway A1A.

 Please do not attempt to utilize closed Beach Access/Dune Crossover locations. Closed locations
have clearly visible yellow “Caution” tape and wooden boards blocking access. These locations
have been deemed unstable and have hereby been closed for public safety.

 The City will be conducting a Beach Cleanup in the next couple of weeks. Please utilize caution
when walking on the Beach, as debris may wash up on shore.

 The Beach Cleanup will be similar to those conducted after Hurricane Matthew. The City will
announce the Beach Cleanup date as soon as possible and Volunteers are welcome!

We’d like to thank our residents and visitors in advance for their patience as we once again embark on repairing Beach Access/Dune Crossover locations in our City. Additional inspections of the Beach Access/Dune Crossover locations will be conducted in the next two (2) weeks and a schedule for repairs and/or replacement will be issued to the public once these inspections have been completed.

As a City we’re committed to repairing and/or replacing all of the damaged Beach Access/Dune Crossovers and City Staff will continue to work diligently in order to get this task accomplished. When additional Beach Access/Dune Crossovers are re-opened, a Public Service Announcement/Media Release will be issued.

Holiday Safety Tips – On-Line Awareness

The on-line holiday shopping season is in full swing and each year scammers and hackers are looking for different, inventive ways to gain access to your personal information.  Please be alert and aware as you shop and interact on-line.  The following safety tips are provided to help keep your personal information safe.

How to Protect Yourself – Do’s:

• Learn how to spot common scams and fraud. Find out the warning signs of internet fraud, phishing, and other on-line scams.
• Update your computer software. Download the latest versions of your operating system, malware, virus protection, etc.
• Talk to your kids about being safe and responsible on-line. If you’re a parent, help protect your kids on-line by teaching them about the risks.

How to Protect Yourself – Don’t:

• Don’t use the same passwords for multiple accounts. Try to make your passwords unpredictable and avoid using names, dates, or common words.
• When shopping or banking online, only use websites that use encryption to protect your information as it goes from your computer to their server.
• Don’t share your passwords or sensitive information with anyone you don’t know or trust.

Watch What You Post On-Line

 Please be aware of posts that you comment on or posts that ask you what was your favorite teacher’s name, your first pets name, the High School you graduated from, your City of birth, your Mother’s maiden name,  etc.

These types of questions are asked when setting up accounts as security questions.  The answers that you give can inadvertently assist hackers in either accessing your existing accounts or opening credit lines in your name.  The key to preventing these type of scams from occurring is to be alert.

If you have any questions about the tips provided in this Public Service Announcement, please feel free to contact Chief Doughney at (386) 517-2020.