Short-term rentals in Dunedin, explained properly.

This comes from the City's Short Term Vacation Rentals page, which also says Airbnb, VRBO and similar rentals count if the rental period is less than 90 days or three calendar months. The Code's own definition of Vacation Rental was not read, so this row is marked for review; where the Code's definition differs, the Code controls.

Sec. 103-14.7.4 requires at a minimum: the property address and zoning district; the owner's name, address and phone number; the Responsible Party's name, address and 24-hour, seven-days-a-week emergency phone number, with a statement that the number will be answered at all times; the owner's acknowledgement of Sec. 103-14.7.5 (Vacation Rental Standards); proof of Florida Department of Revenue and Pinellas County Tourist Development Tax registration; proof of Florida DBPR licensure for a Vacation Rental; a City of Dunedin Business Tax Receipt; proof of general liability insurance; proof of passing an initial Business Tax Receipt fire inspection; and the owner's sworn acknowledgement that he or she has received, reviewed and understands the section. Submitting an incomplete registration application form results in rejection of the application. The City's registration form was not read.

Sec. 103-14.7.6 says the fees for annual registration are provided for in Appendix C of the City's Land Development Code. The fee schedule was not among the pages read, so this page does not state one.

Sec. 103-14.7.11(A) says all registrations issued under the section are valid for no more than one year and all registrations expire on September 30th of each year. Sec. 103-14.7.11(B) adds that a person who was not liable for a local business tax receipt before April 1 in a business tax year may be issued a receipt for the second half of that year, from April 1, on payment of one-half of the annual receipt amount. The renewal process was not read.

Sec. 103-14.7.10 (Ord. 19-13, 9-5-2019) says that whenever a dwelling unit used for Vacation Rentals is sold or otherwise changes ownership and the new owner wants to use the unit for Vacation Rentals, a new registration is required, and Vacation Rental Registrations are not transferrable from one owner to another.

Sec. 103-14.7.2 assigns each approved Vacation Rental dwelling unit a unique registration number and says it must be listed as part of any advertisement for the rental. The City's page says it has contracted with Host Compliance, LLC to help identify advertised short-term rentals.

Sec. 103-14.7.7 requires the owner to appoint a natural person who resides within 25 miles of the property as the Responsible Party for service of notices; notice to the Responsible Party satisfies any notice requirement to the owner. The initial Responsible Party is named with the application, and the City Clerk or designee must be told of any change within 15 days. The Responsible Party must keep the property within the occupancy limits of the Florida Building Code and the City Code, see that the section is complied with and promptly address violations, be close enough to respond to emergency calls within two hours of notification, and keep the property free of garbage and litter. Sec. 103-14.7.8 adds that the Responsible Party must be available at the listed phone number 24 hours a day, seven days a week, be able and willing to come to the unit within two hours after notification from the City or Code Enforcement, receive service of notices of violation, and monitor the unit at least weekly. There can be only one Responsible Party for a property at a time, and the owner changes the designation by written notice to the City.

Sec. 103-14.7.5(A) says there shall be one off street parking space for each bedroom, that recreational vehicles and accessory trailers shall not be permitted in driveways or other designated parking areas, that no recreational vehicle or other motor vehicle may be used for sleeping, and that on street parking shall not be permitted. Sec. 103-14.7.5(B) adds that all vehicles associated with the Vacation Rental must be parked in compliance with the City Code.

Sec. 103-14.7.5(C) says it is unlawful to allow or make any noise or sound that exceeds the limits set forth in Section 107-41, Noise. Section 107-41 was not read, so this page does not give the limits.

Sec. 103-14.7.5(E) says no solid waste container may be located at the curb for pickup before 6:00 p.m. the day prior to pickup, and the container must be removed before midnight of the day of pickup.

Sec. 103-14.7.14 requires a swimming pool, spa or hot tub to meet the current standards of the Residential Swimming Pool Safety Act (Chapter 515, Florida Statutes), a smoke and carbon monoxide (CO) detection and notification system, and a fire extinguisher on each floor or level of the unit, installed on the wall in an open common area or in an enclosed space with markings showing its location.

Sec. 103-14.7.12 says non-compliance with any provision of the section is a violation and each day a violation exists is a separate and distinct violation. Enforcement is a progressive program focused on compliance, and the City may also seek other remedies, including suspension or revocation of a registration, injunctive relief, liens and civil and criminal penalties provided by law. A Vacation Rental that operates during a period of suspension is subject to a daily fine of up to $250.00 for an initial violation and $500.00 for a repeat violation for each day it operates. For counting violations, the section treats them per rental period or per every seven days, whichever is less, and only where a code enforcement citation or criminal charge was issued.

Sec. 103-14.7.12(A) lets the City Manager deny, revoke or suspend a Certificate of Compliance upon the adjudication of a violation of the section, any City of Dunedin ordinance or state law by the Responsible Party, property owner or Transient Occupant attributable to the property. Under Sec. 103-14.7.12(D) the Code Enforcement Board may suspend a registration: a second violation brings a suspension of 90 calendar days and a third violation brings revocation. No transient occupancy is allowed during a suspension, which begins immediately following notice, at the end of the current lease period or within 30 calendar days, whichever is earlier, or as the Board otherwise determines.

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.