Atlantic Beach staff outlines limits on short-term rental enforcement under state law

Amanda Askew, director of the neighborhoods department, presented staff methods for identifying and pursuing short-term rental (STR) code violations and explained the legal limits facing Atlantic Beach.

Askew said Atlantic Beach’s code treats short-term rentals as stays shorter than 90 days and that the city’s regulatory framework is grandfathered against a state law that limits local regulation of STRs. "We do regulate short term rentals. The code specifically says anything less than 90 days," Askew said. She warned that tweaking the local code risks losing grandfathering protections: "if we tweak our code, then we lose our grandfathering status."

Enforcement tools and limits Askew described staff practices: monthly searches of rental platforms and periodic internet searches, verification that a listing is inside the city limits, and sending a notice of violation when staff can reasonably document a listing. She noted strict legal limits on investigatory tactics: staff "cannot" knock on doors or run license plates to tie a car to an address, and evidentiary standards before the special magistrate must avoid hearsay. As a complementary approach, staff said it has referred suspected STRs to the property appraiser when ownership or mailing addresses suggest non-homestead use.

"We do reach out to the community. We talk to Realtors," Askew added, describing education and outreach as a key component of enforcement. Commissioners supported using utility billing, social media and other public messaging to deter unlawful short-term renting while Askew continues case-by-case investigations.

What happened at the meeting Commissioners asked for clarity on when staff can send formal notices and what evidence suffices for magistrate proceedings; Askew said staff commonly sends informational "love letters" to suspected violators as a first step and only pursues formal action when a verifiable paper trail exists. She told the commission that as of this meeting staff had sent zero cases to the special magistrate because the city seeks complete documentation before formal hearings.

Next steps The commission asked staff to continue education and outreach, coordinate messaging (including through utilities), and return with enforcement recommendations and any regulatory changes needed to preserve enforceability without losing grandfather protections.

Ending No ordinance or formal change to the city code was adopted at this meeting; staff will continue monitoring, outreach and case development.