Judge upholds Volusia County’s short-term rental regulations

Posted On: December 13, 2022

A Final Declaratory Judgment was issued yesterday by Judge Kathryn D. Weston confirming that the Volusia County Code of Ordinances prohibits transient rentals, also known as short-term rentals, of less than a month in areas zoned for residential purposes.

A lawsuit was filed against Volusia County in June of 2021 by the Vacation Rental Home Alliance and Steven Murray, who argued that Volusia County’s zoning ordinance does not restrict vacation rentals, and alternatively, that any restriction of vacation rentals is preempted by state statute.

The plaintiffs, in their argument, referenced Section 509.032(7)(b), Florida Statutes, which states, “A local law, ordinance, or regulation may not prohibit vacation rentals or regulate the duration or frequency of vacation rentals. This paragraph does not apply to any local law, ordinance, or regulation adopted on or before June 1, 2011.” The Judge found it undisputed that the applicable County ordinances were adopted prior to this date.

The plaintiffs also argued that the Volusia County Code of Ordinances does not specifically prohibit “vacation rentals.” Rather, the Volusia County Code of Ordinances uses the term “hotel/motel.” The ruling states, “While the County’s definition of “hotel/motel” and the state’s definition of “vacation rental” are not identical, their primary characteristics overlap. Both phrases apply to buildings being rented to the public to be used as transient lodging for periods of less than a month.” The ruling subsequently states, “Plaintiffs rely on, but misinterpret, a nonbinding, informal opinion of the Attorney General to argue that a zoning ordinance must use the phrase ‘vacation rental’ or ‘resort dwelling’ to have grandfathered protection.”