Short-term rentals in Fort Walton Beach, explained properly.

An application lists the rental's address; the owner's name, address, phone and email; the responsible party's name, address and 24-hour emergency phone number; a signed acknowledgement that the owner or agent will comply with the City's short-term vacation rental standards, F.S. ch. 509 and Florida Administrative Code chapters 61C and 69A; a valid City Business Tax Receipt; a valid Florida Department of Revenue annual resale certificate under F.S. ch. 212; a valid DBPR vacation rental dwelling license under F.S. ch. 509; and a non-refundable registration fee. Incomplete applications are not finalized, and an application without the fee is deemed incomplete (Secs. 8.13.04, 8.13.05). Giving false or misleading information in an application is unlawful (Sec. 8.13.11).

Section 8.13.08 authorizes reasonable fees to cover administrative expenses and says the amounts are set from time to time by resolution of the City Council. A late fee for renewals received after the last day of February is set annually in the City's fee schedule and is paid in addition to other fees before renewal approval (Sec. 8.13.10). An owner who fails to register in a timely manner is fined under the fee schedule and, if still unregistered 30 days after receiving a notice to register, is subject to code enforcement proceedings. This page does not state a dollar amount because the fee schedule itself is not part of the code text we read.

Registrations are valid for a period not to exceed twelve months and expire on the last day of February of each calendar year. Renewal applications must meet the same requirements as a first application (Sec. 8.13.05) and may be filed between January 1 and the last calendar day of February. A renewal received after that is late and carries a late fee set in the City's fee schedule. The City may deny, suspend or revoke a registration for failing to meet registration requirements or for violating the article, any City ordinance or state law (Sec. 8.13.18(3)).

The owner of a short-term vacation rental that had a pending development order application, or a structure already used as a short-term rental, on the effective date could apply for grandfathered status for five years as to occupancy limits (Sec. 8.13.17). The applicant must prove, under oath, that the rental use and the number of bedrooms were existing and legally established on that date, that the rental is registered, and that it complies with City codes. Rentals with an occupancy of 24 or fewer that otherwise comply do not need grandfathering. The application was due at registration and no later than August 1, 2025, a deadline that moves if the City extended the date registration is required; this page does not show whether it did. Grandfathering is deemed abandoned if the rental is unregistered for more than 12 months and lapses if the grandfathered use stops for six months. An applicant may submit only one application per rental, may ask for a City Council hearing within 20 days of the City's notice, and may appeal a Council decision to the Okaloosa County circuit court within 30 days.

The maximum overnight occupancy of seasonal residents or transient occupants on a lot hosting a short-term vacation rental in the R-1, R1E or R2 zoning districts is stated on the registration form. The definition counts only persons over age five. Option (a) is two persons for each bedroom plus four additional persons, with bedrooms taken from the property appraiser's residential profile and other records, and never more than the Florida Fire Prevention Code or Florida Building Code allows. Option (b) is 24 persons per rental; where more than one building or dwelling is on one platted lot, the cap is 24 per platted lot. The definition says the limit is the lesser of "three (3) options" but prints only two (a and b). Before 7:00 a.m. or after 10:00 p.m., the number of people present may not exceed the maximum overnight occupancy (Sec. 8.13.07(8)). Reasonable verification of compliance must be given to the local responsible party within 36 hours of guest arrival (Sec. 8.13.07(9)). Exemption: rentals with grandfathered occupancy (see the grandfathering rule) keep the occupancy approved for five years.

The lot must provide enough on-site parking at all times for the maximum occupancy stated on the registration form, at least one space per two and a half transient occupants. Garage spaces count only if the garage is open and available and guests are given vehicular access. Guests may not park on unimproved or pervious areas, public rights-of-way, sidewalks or public streets, including paved and unpaved areas next to the roadway. Golf carts, low-speed vehicles, RVs and trailers may not be parked in the right-of-way and must use spaces counted toward the required minimum (Sec. 8.13.07(1)). Advertising must state the maximum parking available, and the rental agreement must state the maximum number of vehicles, which may not exceed the legal parking spaces the owner can show.

Sec. 8.13.07(2) sets minimum life and safety standards: swimming pools, spas and hot tubs must meet the Residential Swimming Pool Safety Act (F.S. ch. 515); sleeping rooms must meet the Florida Building Code requirements for single-family and two-family dwellings; smoke detection must meet Chapter 69A-43, F.A.C.; a portable multi-purpose dry chemical 2A:10B:C fire extinguisher must be installed, inspected and maintained under NFPA 10 on each floor or level; and battery-powered emergency lighting must illuminate the primary exit for at least one hour. Rentals with a certificate issued before the standard was codified had six months to show compliance with the emergency lighting standard by affidavit or inspection.

The application must name a responsible party who resides within 30 miles of the rental, with a 24-hour, seven-day emergency number, and who has authority to correct violations, including removing or evicting tenants (Sec. 8.13.05(4)). The owner must notify the City in writing of any change of local responsible party within 15 days (Sec. 8.13.06). The party must be close enough to service emergency calls within one hour, tell guests before occupancy about the City's noise, parking, garbage and common-area rules, keep the property within occupancy limits, and keep the property free of garbage and litter. A responsible party who accepts the role is held to the same standard as the owner and may be cited for noncompliance.

Noise above the limits in Chapter 9, Section 9.06 of the City Code is unlawful (Sec. 8.13.07(3)); that section is not part of the text we read, so this page does not give its hours or decibel limits. No garbage container may be at the curb before 7:00 p.m. the day before pickup, and it must be removed before 7:00 p.m. on the day of pickup. The owner must obtain from the City one trash can for every four occupants the rental is permitted to host (a 24-occupant rental needs six) and must acquire special valet garbage service, which does not replace regular waste services (Sec. 8.13.07(5)).

Commercial uses of docks appurtenant to lots in areas zoned R1, R1E or R2 are not permitted. At registration or renewal, an applicant offering dock use or boat slips as an amenity, free or paid, must show that the intensity of use and the dock size are approved by the Florida Department of Environmental Protection. If FDEP requires a submerged land lease under Section 253.0347, F.S., the applicant must give the City a copy and prove that lease payments to the State are current (Sec. 8.13.07(4)).

All marketing and advertising must state the rental's maximum occupancy and maximum parking, and must include the City-issued short-term vacation rental certificate number and any County or State issued TDT registration number. Advertising for more than the allowable occupancy or parking, or leaving out the occupancy and parking limits, is prima facie evidence of a violation of the City Code (Sec. 8.13.07(10)). Advertising for special events such as weddings, spring break parties, bachelor parties, reunions and company retreats in a residential zoning district is prohibited (Sec. 8.13.13). Ads had to comply within 120 days of the ordinance's effective date (Sec. 8.13.16).

Short-term vacation rentals must be rented under a written agreement that states, at minimum, the maximum occupancy consistent with the registration; the maximum number of vehicles allowed to park, which may not exceed the legal parking spaces the owner can show; and that all occupants must promptly evacuate on posting of any evacuation order from state or local authorities (Sec. 8.13.07(11)). Pool, spa and exercise amenities are available to guests only if the rental agreement clearly states the right to use them (Sec. 8.13.07(7)).

Commercial special events, such as weddings, spring break parties, bachelor parties, reunions and company retreats where the owner, agent or occupant gets payment or other commercial gain, are prohibited in all residential zoning districts (Sec. 8.13.14), and advertising them in a residential district is prohibited (Sec. 8.13.13). Two or more weddings or wedding receptions at a property within 12 months is prima facie evidence of commercial special events. No short-term vacation rental business may permit charter bus services to carry people to or from the property, and the owner or responsible person must tell guests of this (Sec. 8.13.15).

A violation of Article 8.13 is punishable as a misdemeanor by a fine of up to $500 per violation and a jail term of up to 60 days under Section 162.22, F.S. The code enforcement division may bring cases to the special magistrate or code enforcement board; the Police Department, Code Enforcement or other authorized officers may issue civil citations; and the City may seek injunctive relief in court (Sec. 8.13.18). A registration may be administratively denied, revoked or suspended in addition to any penalty. Violations can be charged against the owner, the person in control of the property, the manager and the responsible party. Charter bus violations are penalized under Sec. 8.13.20, which is not in the text we read.

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.