Short-term rentals in Fernandina Beach, explained properly.

The owner or agent applies for an RRDP or annual renewal. A permit remains valid for one year from the date of issuance. If the required annual inspection has not been completed by the renewal date, the City may issue a temporary renewal RRDP that is valid for no more than 60 days. A temporary RRD permit may also be issued after inspection while the owner corrects a violation that poses no serious or immediate threat to health or safety, if the owner has a written contract or affidavit setting completion dates.

The unit must be inspected and found in compliance with, and licensed under, F.S. ch. 509 (lodging and food service establishments) and the uniform fire safety standards of the Florida Fire Prevention Code (NFPA 1 and 101, as adopted in F.A.C. Rule 69A-3.012). Inspections are conducted at least once annually, by a City official for a fee set by ordinance, by DBPR, or by a professional residential home inspector licensed by the State of Florida, using a City checklist of inspected areas.

On the sale or transfer of title of a dwelling unit with an RRDP, the purchaser or transferee, or an authorized agent, must apply for and obtain a new RRDP from the City. If the seller or transferor had a valid annual RRDP when the unit was sold or transferred, the purchaser applies for a new annual permit but does not have to pay an annual permit fee until the RRDP must be renewed the next year.

Sec. 26-101(e) lists what the RRDP must state, including that the property is licensed by DBPR as meeting the F.S. ch. 509 standards for transient public lodging establishments, a valid and current DBPR licence number under F.S. ch. 509, a valid and current Florida Department of Revenue Sales Tax Identification Number, and a valid and current federal employer tax identification number (if applicable) and Department of Revenue taxpayer ID number for the owner or owners. The permit also states the property's street address and parcel identification number, the owner's and managers' names and signatures, a 24-hour contact person, and the address and 24-hour number for the Fernandina Beach Police Department.

The maximum occupancy rating shown on the RRDP is calculated at 150 square feet of gross floor area per person, using the total gross floor area of the dwelling unit as determined by the county property appraiser's office or a certified survey.

Sec. 26-101(f)(3) sets the one-space-per-four-sleeping-guests minimum for resort rental dwelling use of a residential dwelling. Additional parking requirements for new resort rental dwelling permits are set in the City's land development code, section 4.02.05, which this page has not reviewed.

The contact person's name and telephone number must appear on the RRDP, and the City gives them to the City police department. The contact person is responsible for taking any action needed to address a violation of law or City ordinance.

Sec. 26-101(f)(2) requires the owner or manager to maintain a guest registration that includes the name, contact information and address of each unit's guest.

The written agreement must contain the responsible guest's agreement to abide by the City's ordinances on solid waste collection and disposal (chapter 66, article II, sections 66-36 through 66-46), litter on private property (section 42-92), noise (chapter 42, sections 42-141 et seq.), nuisances (sections 42-41 and 42-42), beach littering (section 90-41), open containers of alcohol (chapter 10), outdoor lighting during sea turtle nesting season, and F.S. 562.111 (possession of alcohol by persons under 21), along with all restrictions, conditions and limits of any permit issued under the section.

Sec. 26-101(f)(5) refers to the City's roll-out/roll-back service in section 66-44(a)(2) of the Code of Ordinances.

For enforcement, a rebuttable presumption exists that roommates use a common entrance to a dwelling.

This covers internet, newspaper, magazine, vacation publication and manager listings. It is unlawful for any owner, agent, manager, tenant, guest, broker, real estate agent or other representative of the owner to hold out or advertise an unpermitted residential dwelling unit as a resort accommodation, resort rental dwelling or vacation rental. A person or business found in violation is subject to business tax receipt suspension or revocation.

The City may inspect all RRDPs filed with any condominium or homeowners' association.

Owners and managers are jointly and severally liable for RRDP violations, and owners, guests and managers are jointly and severally liable for guest violations of the City Code and Land Development Code, such as noise, parking, outdoor lighting during turtle nesting season, nuisance and garbage violations. Appeals of citations go to the special magistrate. If more than one violation of the permitting requirements or any other City Code provision occurs in any 12-month period, the owner is notified in writing and the City proceeds through the code enforcement board process. Any person may seek injunctive relief in court to prevent or enjoin a violation, and the City may also enforce by warning, notice of violation, civil citation, summons, notice to appear, arrest or civil action.

Sec. 26-101(h)(3) provides that any license or RRD permit granted under the section may be revoked for cause. Operating without a valid permit and advertising an unpermitted property can also lead to business tax receipt suspension or revocation (see the advertising rule).

The appeal right covers City decisions under the section other than the revocation or termination of an RRDP or receipt of a citation. The notice must say the decision is illegal in whole or in part and give the grounds. Appeals of citations go to the special magistrate under chapter 2 of the City Code.

Sec. 26-101(g)(2) requires a person or entity that holds an RRDP to obtain the annual business tax receipt. Late filing fees are the same as in the business tax receipt section of the Code or, at the City Commission's discretion, may be set by ordinance. The receipt amount is in section 74-80, which this page has not read.

Sec. 26-101(g)(1) says an initial application fee, in an amount set by ordinance by the City commission, accompanies the application for an RRDP and for renewal. A City inspection under subsection (b)(2) carries a fee to be determined by ordinance. We have not read the current fee schedule, so no amount or effective date is shown.

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.