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2022 Op. Fla. Att'y Gen. 1 (2022)

handle is hein.sag/sagfl0113 and id is 1 raw text is: Florida Attorney General
Advisory Legal Opinion
Number: AGO 2022-01
Date: November 15, 2022
Subject: Vacation rental: municipal regulation by zoning overlay
Mr. Robert Jagger
Daytona Beach City Attorney
P.O. Box 2451
Daytona Beach, FL 32115
Dear Mr. Jagger:
On behalf of the City of Daytona Beach, Florida (City), you asked for an opinion
addressing the following rephrased question:
Consistent with section 509.032(7)(b), Florida Statutes, which prohibits any
local law, ordinance, or regulation that regulates the frequency of rental of
vacation rentals, may the City superimpose an overlay zoning district in a
designated area over only certain portions of one or more underlying base
zoning districts, thereby authorizing vacation rentals not otherwise currently
allowed?
As described by the City, the proposed zoning overlay ordinance would authorize a limited
number, proportion, or percentage of vacation rentals to be located within a subset of
properties that comprise neither Tourist zoning districts nor specifically designated
Redevelopment zoning districts, which are the only zoning classifications in which
vacation rentals are currently allowed.1 All other properties located within the larger set of
similarly designated base zoning districts, however, would continue to be subject to
existing vacation rental prohibitions.
In sum:
By creating a limited geographical exception to the otherwise comprehensive base zoning
district vacation rental prohibition, the proposed zoning overlay ordinance would regulate
the . . . frequency of rental of vacation rentals in the underlying base zoning districts.
Therefore, the City may not implement the proposed zoning overlay ordinance consistent
with the constraints of section 509.032(7)(b), Florida Statutes.
Background
Section 509.032(7)(b), Florida Statutes, states: A local law, ordinance, or regulation may
not prohibit vacation rentals or regulate the duration or frequency of rental of vacation
rentals. This paragraph does not apply to any local law, ordinance, or regulation adopted

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