CopyAgo (Fla. Att'y Gen. 1993).
Published | Florida Attorney General Reports
Mr. Fred S. Disselkoen City Attorney City of Ormond Beach Post Office Box 277 Ormond Beach, Florida 32175-0277 Dear Mr. Disselkoen: The City of Ormond Beach has asked substantially the following question: Does s. 721.25 , F.S., preempt the City of Ormond Beach from enforcing a code provision which prohibits time-share use in a residential district? In sum: While a city may regulate the nature and use of time-share property by zoning, s. 721.25 , F.S., precludes a city from enforcing a local ordinance or regulation which discriminates against time-share property....
...the city have been offered for sale as both whole ownership and time-share ownership. The issue has arisen whether the city's ordinance may be enforced to preclude time-share ownership in the residential area or whether the ordinance is preempted by s. 721.25 , F.S....
...721 , F.S., are: to give statutory recognition to real property time-shares and personal property time-shares in Florida; to establish procedures for the creation, sale, exchange, promotion, and operation of time-share plans; and to subject every time-share plan in this state to the chapter's terms. 1 Section 721.25 , F.S., provides: All laws, ordinances, and regulations concerning buildings or zoning shall be construed and applied with reference to the nature and use of the real estate time-share property, without regard to the form of ownership....
...for consecutive years. (e.s.) Thus, Ch. 721 , F.S., gives recognition to the time-share form of ownership and seeks to protect such ownership from restrictions other than those imposed on whole ownership property. 2 It would appear, therefore, that s. 721.25 , F.S....
..., the municipal ordinance must fail. 7 In this instance, the ordinance prohibits time-share ownership in areas zoned for residential use only. To the extent it attempts to regulate the type of ownership of such property, the ordinance conflicts with s. 721.25 , F.S., and would be unenforceable. The broad language of s. 721.25 , F.S., operates to allow time-share ownership in otherwise traditionally wholeownership areas. While this interpretation may lead to undesirable results, such as time-share units in a single family residential neighborhood, any changes to the language of s. 721.25 , F.S., to restrict time-share ownership would have to be addressed legislatively. Accordingly, s. 721.25 , F.S., precludes a city from enforcing a local ordinance or regulation based upon the fact that the ownership of the property is on a time-share basis, when the nature and use of the subject property otherwise conforms to the existing zoning and building codes and ordinances....
