In short: In Synk v. City of Daytona Beach (5th DCA, June 16, 2020), property owners argued Florida’s vacation rental preemption law barred the city from limiting short-term rentals to certain zoning districts. The trial court sided with the city, which argued its rules dated back to before 2011. The Fifth DCA affirmed without opinion.
What the Record and Arguments Showed
The appellants were Mary L. Synk and other owners and rental businesses; the appellee was the City of Daytona Beach. The case came from Volusia County.
According to news coverage, about 22 owners sued in 2017, claiming the city’s 2015 Land Development Code and later changes unlawfully restricted short-term rentals, including rezoning some beachside lots to a district that bars them.
The owners relied on § 509.032(7), which bars local laws that prohibit vacation rentals or regulate their duration or frequency.
The city argued its rules carried forward a 1993 code and were grandfathered under the June 1, 2011 cutoff. According to a local blog, the trial court upheld the city’s position that short-term rentals are allowed only in tourist zoning districts and certain other areas.
These facts come from secondary sources, not a written opinion.
The Decision
The Fifth District Court of Appeal affirmed with a one-word per curiam opinion (Case No. 5D19-1745, June 16, 2020).
A PCA leaves the trial court’s ruling in place but sets no appellate rule on whether § 509.032(7) preempts a particular city’s rules.
The Law
Current law (2026): § 509.032(7)(b) bars local governments from prohibiting vacation rentals or regulating their duration or frequency, but grandfathers local laws adopted on or before June 1, 2011. Other local regulation, such as noise, parking and registration, is generally allowed. The statute’s last listed amendment is ch. 2016-86.
A 2024 bill (SB 280) that would have added state licensing and allowed local registration was vetoed by Governor DeSantis.
Lessons
- Before buying a short-term rental, check the local zoning and whether the city has grandfathered pre-2011 rules.
- Preemption protects against bans and duration limits, not every local regulation.
- Old codes matter: a city’s 1990s ordinances can still control today.
- Investors should get a zoning verification letter, not rely on marketing claims.
Watch the Oral Argument
This is the recording of the oral argument. Because the decision is a PCA, the arguments are context, not the court’s reasoning. The video title spells the lead plaintiff “Sink”; the caption is Synk. What lawyers and judges say at argument is not the ruling; the decision is summarized above.
Daytona Beach vs. Property Owners: Does State Law Bar New Vacation Rental Rules? | Synk v. City of Daytona Beach, 5D19-1745
Go Deeper
- The Move That Cost St. Petersburg $50 Million
- Lady Bird Deed — Florida’s Most Powerful Estate Planning Tool
- Partition Laws in Florida: When Property Owners Can’t Agree!
Frequently Asked Questions
Can a Florida city ban vacation rentals?
Not if its ban was adopted after June 1, 2011. Section 509.032(7)(b) preempts new bans and duration or frequency limits, but grandfathers older rules.
Can cities still regulate short-term rentals?
Yes, for many matters other than outright bans and duration or frequency, such as noise, parking and safety.
What is a grandfathered vacation rental ordinance?
A local rule adopted on or before June 1, 2011, which state preemption does not override.
What does a PCA mean?
The appellate court affirmed without explanation; it sets no precedent.
Talk to a Florida real estate litigation lawyer
Weidner Law, P.A. handles Florida real estate, landlord-tenant, condominium and property disputes from St. Petersburg. If you need a real estate litigation lawyer, call (727) 954-8752 or email weidner@mattweidnerlaw.com.
Read the law yourself, free: the full Florida Statutes and court rules are on floridarules.net.
This article is general information about Florida law, not legal advice about your situation. Reading it, watching the videos, or contacting the firm does not create an attorney-client relationship. Every case turns on its own facts, and past results do not guarantee a similar outcome. The hiring of a lawyer is an important decision that should not be based solely upon advertisements.
