Short-term rentals in Bradenton, explained properly.

Section 22-54(a) says all certificates expire on December 31 and must be renewed before that date. If nothing has changed since the last certificate, the items listed in Section 22-52(b)(1) to (19) do not have to be resubmitted. Section 22-54(b) bars issuing or renewing a certificate while fines or liens for the vacation rental remain unpaid. Section 22-52(a) separately says a renewal is filed a minimum of 90 days before the certificate expires.

Section 22-52(b) lists the application contents. Besides the City form, proof of ownership and the annual registration fee, it requires the designation-of-responsible-party form and the responsible party's signed acknowledgement; a copy of the City of Bradenton local business tax receipt for the current fiscal year; evidence of an active account with the county tax collector for tourist development taxes; a copy of the active DBPR licence; and a copy of the Department of Revenue registration. It also asks for bedroom, full-bathroom and living-space counts, exterior and interior sketches (or photographs), a blank sample lease, an owner affidavit, any owner-authorisation letter and copies of pre-existing rental agreements. An incomplete application is rejected, and the applicant gets 20 calendar days to supply what is missing before it is deemed withdrawn.

Section 22-58 requires an initial inspection after the application is filed and before issuance, to check the building, fire prevention and property maintenance codes in effect when the certificate of occupancy was issued and the article itself. The designated responsible party schedules inspections. Problems must be corrected and the rental re-inspected within 30 calendar days of written notice. If the inspector is denied access or cannot complete the inspection after at least three attempts, a notice of inability is issued, no certificate is issued or renewed until the inspection is done, and that notice is itself deemed a violation. A change of ownership also requires an inspection (Section 22-56).

Section 22-56 treats a sale or other transfer as requiring a new certificate of registration rather than carrying over the old one. A previously issued certificate becomes null and void on the 16th day after the sale or transfer if the new owner has not applied. Section 22-55 separately requires an amendment of the certificate when bedrooms, temperature-controlled living space or maximum occupancy increase, or when the number or location of parking spaces changes.

Section 22-59 says a schedule of fees is adopted by resolution of the city council and maintained by the city clerk. The fee schedule itself, with its effective date, hasn't been reviewed yet, so no dollar figure is shown here.

Section 22-63 requires each registration to name one designated responsible party (the owner may serve) who must be capable of handling issues, respond to complaints, and have authority to act within one hour of notice from the City on safety, noise or parking problems. The party must come to the rental within one hour of notification, receive legal notices for the owner, exercise the owner's rights under Florida Statutes sections 509.141, 509.142 and 509.143 against unruly occupants, keep the interior postings current, keep the premises free of litter, check the rental at least once a week when rented, and know the names and contact details of all occupants. A change or resignation needs one week's written notice.

Section 22-64 sets the maximum occupancy stated on the registration. A vacation rental already operating at a higher occupancy when the article took effect could apply for grandfathered status for five years at two persons per bedroom plus four, with proof of existing use; applications were due by the time of the certificate application and no later than January 1, 2023, and a change in bedrooms or a lapse of the certificate for more than 13 continuous months ends it. Section 22-65 exempts stays under pre-existing rental agreements fully executed before the article's effective date. The article defines a bedroom as a room of at least 100 square feet with a sleeping place and either an integral closet or an en suite bathroom. Advertising above the maximum occupancy is a violation (Section 22-66).

Section 22-62 says all vehicles associated with the vacation rental must be parked in a driveway or parking area on the premises, and that recreational vehicles, boats and trailers may not be parked within the front yard except for temporary loading, unloading and cleaning. The application's exterior site sketch must show the parking spaces so staff can count them.

Section 22-60: a swimming pool, spa or hot tub must meet the Residential Swimming Pool Safety Act (Florida Statutes chapter 515); the rental must have a working smoke and carbon monoxide detection and notification system installed under Sections R314 and R315 of the Florida Building Code, Residential; and a portable multi-purpose dry chemical 2A:10B:C fire extinguisher must be installed, inspected and maintained under NFPA 10 on each floor.

Section 22-61 requires, on an interior wall: the nearest hospital, the non-emergency police number, trash and recycling pickup times, the rental's street address and land line number, the designated responsible party's name and number, and evacuation instructions. Near the main entrance it requires the maximum occupancy, the maximum number of vehicles, the City's good-neighbor notice ("especially after 11:00 p.m."), a statement that sound audible beyond the property lines is regulated by the City's noise ordinance, a leash statement, and a statement that recreational vehicles, boats and trailers may not be parked in front of the house except for temporary loading, unloading and cleaning. A copy of the certificate of registration must be posted next to or on the interior side of the primary door. Failing to post is a violation (Section 22-67).

Section 22-66 requires any advertisement to conform to the information on the application and certificate, and makes it a violation to advertise availability above the established maximum occupancy. Advertising that describes occupancy above the maximum creates a rebuttable presumption that the rental was used in violation. Section 22-67(a)(2) makes it unlawful to advertise or otherwise offer a vacation rental for rent without a current certificate.

Section 22-67 lists unlawful conduct, including renting or advertising without a current certificate, renting above maximum occupancy, being an occupant when occupancy is exceeded, failing to post required information, and giving false or misleading application information. Each day a violation exists is a separate violation. Section 22-68 lets the City use Florida Statutes chapter 162, Part 1, so the code enforcement board can hold hearings, assess penalties and order relief, and preserves other remedies such as suspension of a certificate, injunctive relief, liens and other civil and criminal penalties.

Florida Statutes § 509.032(7)(b) says a local law, ordinance or regulation may not prohibit vacation rentals or regulate how long or how often they are rented. Local rules adopted on or before June 1, 2011 are exempt from this limit, so some older local rules on rental length can still apply. Section 509.032(7)(a) also reserves the regulation of public lodging establishments (sanitation, inspections and similar matters) to the state, while local governments keep building-code and fire-code inspections. Local governments can still require registration and set other rules that do not ban rentals or limit their length or frequency.

The Florida Department of Business and Professional Regulation (DBPR), Division of Hotels and Restaurants, licenses vacation rentals. A license is needed when an entire unit is rented more than three times in a calendar year for periods of less than 30 days or one calendar month, whichever is less, or when the unit is advertised or held out to the public as a place regularly rented to guests. Houses, townhouses and buildings of up to four units take a Vacation Rental – Dwelling license; condominium and cooperative units take a Vacation Rental – Condominium license. Renting single rooms rather than the whole unit does not need a DBPR license, though local rules may still apply. Current licenses must be displayed in a conspicuous place on the premises.

New DBPR vacation rental applications pay a $50 application fee, a $10 Hospitality Education Program fee and a license fee. For a single rental unit the full-year license fee is $170 (half-year $90); group licenses for 2 to 25 units are $180 (half-year $95), with higher tiers for more units. Renewals pay the $10 education fee plus the full-year license fee. Renewal and half-year dates depend on the county's DBPR district.

Anyone who rents, leases, lets or grants a license to use transient accommodations must register with the Florida Department of Revenue to collect, report and remit sales tax.

Florida's 6% state sales tax, plus any applicable county discretionary sales surtax, applies to rent paid for living, sleeping or housekeeping accommodations rented for six months or less.

Counties (and certain cities) may add a local option transient rental tax, such as a tourist development tax, on rentals of six months or less, on top of the 6% state sales tax and any surtax. The Department of Revenue's rate table lists each county's rate and who collects it. Most counties administer the tax themselves, and in those counties it is reported and paid directly to the county rather than to the state.