From Management Properties, LLC v. Town of Redington Shores, decided Monday by the Florida Court of Appeal (Judge John Stargel, joined by Judges Edward LaRose and Suzanne Labrit):
As pertinent to this appeal, section 90-116(D)(2)(a) [of the Code of the Town of Redington Shores] requires vacation rental operators to provide written notice to guests prior to occupancy of all vacation rental standards "and other applicable laws, ordinances, or regulations concerning noise, public nuisance, vehicle parking, solid waste collection, and common area usage" as well as to make such information available to each guest inside the property. Section 90-116(D)(2)(b) further requires that vacation rental operators "[e]nsure compliance with all provisions of" the Town's vacation rental standards and to "promptly address and report any violations of this section or of such other law or regulation of which the responsible party knows or should know to the Town or law enforcement." …
The court noted that, under the Court's commercial advertising precedents, "regulations mandating the disclosure of 'purely factual and uncontroversial information'" are constitutional "as long as disclosure requirements are reasonably related to the State's interest in preventing deception of consumers." And it upheld the § 90-116(D)(2)(a) requirement that landlords inform tenants of various legal rules:
