Let’s not repeat Arizona’s mistake on vacation rental pre-emption law

As the Florida Legislature considers a state preemption bill this session that would take away authority from local governments to regulate short-term vacation rentals, I offer a unique perspective as an Arizona legislator who watched his state legislature enact the same bill.

In 2016, Arizona passed a vacation rental law almost identical to the legislation currently being considered by Florida legislators. I’ve seen firsthand the consequences this legislation had on communities in my state and what could be in store for the Sunshine State.

Florida and Arizona have a lot of similarities. Both are among the most visited states in the country and the most popular states for retirees. Both states are also experiencing a serious housing crisis, as Arizona ranks third and Florida ranks fourth among the five states with the most severe affordable housing shortages in the country.

But as home to seven of the 10 U.S. cities with the most Airbnb listings per capita, Florida is poised to feel even more of the negative effects of vacation rental preemption if it were to pass and become law.

Since the passage of Arizona’s bill, my colleagues in the legislature have been struggling for the last four legislative sessions to undo the damage caused by this legislation.

If Florida’s legislators pass SB 1128 and HB 1011, they would be opening the door to the unintended consequences that have burdened Arizona, as this legislation will give real estate investors free rein to replace residential homes in residential neighborhoods with short-term rental operations.

We didn’t expect that real estate investors, LLCs and commercial operators were going to buy houses for the sole purpose of operating them as vacation rentals. We didn’t envision that houses rented exclusively for parties, weddings and large events would pop up in formerly quiet neighborhoods. We didn’t anticipate that a tourist destination like Sedona would see almost a third of its housing convert to short-term rentals, creating an affordable housing crisis that has forced out families and caused one of the city’s two elementary schools to close.

In the town of Scottsdale in my district, one condo complex near downtown was almost exclusively occupied by retired seniors. Now about half of the units operate as short-term rentals.

Proponents of this legislation might be well-intentioned, but by removing local control of short-term rental policy, legislators in Florida would be stripping their cities and towns of a critical duty that local government is uniquely qualified and best positioned to handle.

With the explosion of Airbnb and VRBO in the past few years, the problems have grown. Noise, parties and illegal activities have drastically increased in our communities.

As a former police officer, I understand the challenges of enforcing violations on these abuses and preventing them from repeating, particularly when it’s a new group of people coming in every few days. I also know the drain this causes on our local law enforcement resources — resources that are funded by local tax-paying residents.

Now each session, my fellow lawmakers and I are working to fix the damage. Returning local control over short-term rentals is one of the only issues that has gathered bipartisan support in the Arizona legislature.

Based on my first-hand experience, I encourage Florida lawmakers to strongly consider the impacts of this proposed legislation and look to Arizona as a case study and a warning.

I’m a conservative and a strong proponent of people’s property rights. But if I’m living next to one of these houses, I’ve got property rights too. Localities must be able to balance the demand of tourism with the well-being of their own residents. Preemption bills like the legislation currently being debated in Tallahassee would eliminate communities’ ability to protect their neighborhoods from commercial businesses operating in residential neighborhoods.