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Flagler County Prevails in Short-term Vacation Rental Litigation

Judge Orfinger ruled this morning that the ordinance complied with state law. The judge did determine the ordinance would not apply to rental agreements completed before the ordinance was approved.

By Toby Tobin

PALM COAST – June 1, 2015 – A Seventh Judicial Circuit Judge today ruled in favor of Flagler County on its short-term vacation rental ordinance.

The ordinance was approved on February 19, 2015 by the Flagler County Board of County Commissioners. Attorneys representing 30 Cinnamon Beach Way and Vacation Rental Pros Management in March filed a request for a preliminary injunction against ordinance.

Circuit Judge Michael S. Orfinger conducted an evidentiary hearing on Wednesday, May 27 and ruled this morning that the ordinance complied with state law.  The judge did determine the ordinance would not apply to rental agreements completed before the ordinance was approved.
 
“We are pleased with the outcome of this hearing” said Al Hadeed, County Attorney.

Flagler County amended its ordinance in March to change the application period for existing vacation rentals from April 15 to June 1. It provides those who qualify six months, until Dec. 1, 2015 to come into compliance with safety standards.
 
“The county stands ready to assist applicants in obtaining a Short Term Vacation Rental Certificate,” said Craig Coffey, County Administrator.

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Don "Toby" Tobin is a licensed real estate professional affiliated with Grand Living Realty. Toby is a member of the Flagler County Association of Realtors®, the Florida Association of Realtors, Enterprise Flagler, Flagler Home Builders Association, and the National Association of Realtors.

GoToby.com proivdes real estate news, commentary, and analysis for Palm Coast and Flagler Country Florida, as well as Realtor® referrals and consultation to buyers, sellers, and developers.