Holmes Beach Property Owner Challenges State Permit Restrictions
A Holmes Beach duplex owner is raising concerns over a state law that restricts rental and sale options for homeowners who pull their own permits for repairs. David Phillips, who has owned a duplex on Holmes Boulevard for over two decades, was surprised to learn that if he personally applies for the permits to repair hurricane damage, he cannot rent or sell the property for one year.
Phillips, who does not use his property for short-term vacation rentals, addressed the Holmes Beach City Commission on Feb. 11, seeking an explanation for the restriction. City Attorney Erica Augello informed him that the regulation is part of Florida Statute 489.103, which presumes a property owner is acting as a contractor if they complete repairs themselves and lease or sell the property within a year. The statute is designed to prevent unlicensed contracting work and ensure safety standards are met.
Mayor Judy Titsworth speculated that the law aims to prevent investors from bypassing licensed contractors, potentially leading to unsafe construction. She noted that while homeowners can pull permits for their own residences, they cannot do so for properties intended for rental or sale.
Phillips argued that the law unfairly penalizes property owners relying on rental income and slows recovery after a natural disaster. Commissioner Terry Schaefer encouraged him to contact State Representative Will Robinson to express his concerns, while other officials suggested he consult the building department for clarification on available resources, including FEMA assistance.
Despite the commission’s explanations, Phillips remained frustrated, questioning how the law aligns with the governor’s assurances that bureaucratic hurdles would not delay post-storm recovery efforts. The issue highlights ongoing challenges for homeowners navigating repair regulations in storm-impacted areas.
