Short-term rentals in St. Augustine, explained properly.

Sec. 28-156(b) confirms Ordinance No. 1989-51, which requires rentals in the HP-1 (historic preservation one) district to be for a monthly or greater period. The City's page says properties in HP-1 may be rented for one month or longer with an approved registration.

Sec. 28-158 defines a large gathering as a group of twenty (20) or more people at one location. Large gatherings are prohibited at short term rental units in the RS-1 and RS-2 districts (28-158(c)), and the registration is voided and no longer valid if a prohibited large gathering occurs at the location (28-158(d)).

Sec. 28-156(a) confirms Ordinance No. 1995-35, which requires a submerged land lease from the City for docks or other structures used in revenue-generating or income-related activities, and says it applies to the use of boats as short term rentals. Sec. 28-146 has the registration record the zoning designation to show whether the rental is monthly, weekly, or requires a submerged land lease.

Sec. 28-148 sets the maximum occupancy of a vacation rental at two persons per bedroom plus an additional two children under the age of 18, and the total at twelve persons including minor children. The City's page adds that a studio or efficiency (a dwelling unit with only one habitable room) is limited to two occupants. Posted guest visiting hours and the maximum occupancy must be displayed in each rental unit (Sec. 28-150).

Sec. 28-149 lets a vacation rental host guests who are not counted toward the maximum occupancy. They must vacate the premises between 10:00 p.m. and 8:00 a.m. The section adds that day-guest use is not a right to operate as a special event venue, and total life-safety occupancy maximums still apply.

Sec. 28-151 requires at least one stabilized parking space per bedroom offered for rent. Stabilized parking cannot be unimproved dirt, sand or grass; asphalt, concrete, pavers, gravel or similar materials qualify. If on-site parking is not feasible, the owner may apply to the planning and zoning board for a use by exception for offsite parking, which may include municipal garage parking permits or residential street parking permits where the City provides them.

Sec. 28-147 requires the applicant to allow City officials reasonable access for an inspection under the Florida Fire Prevention Code and Life-Safety Code (NFPA 101) at registration and every year. Sec. 28-150 requires a smoke alarm, a carbon monoxide alarm and a fire extinguisher for each rental unit, a primary and a secondary means of egress from each bedroom, and posted maximum occupancy, guest visiting hours, trash collection schedule, emergency contact and evacuation information. Fire exits must be marked and emergency lighting provided. The City's page lists the inspection checklist items, such as 4-inch address numbers, extinguishers on each level and emergency lighting, and says the Fire Department performs the inspection. A reinspection fee applies (see the fee rule).

Under Sec. 28-154, if the City provides a system for telephonic or electronic processing of preliminary compliance complaints, they go to the property manager or owner named in the registration. That person must acknowledge the notice within thirty (30) minutes. Failing to respond is a violation. The City's page lists a Short-Term Rental Hotline, 904-569-7077, for reporting violations.

Sec. 28-152 makes vacation rental owners responsible for placing garbage and trash receptacles curbside consistent with Secs. 30-7 and 30-8 of the City Code. Fees and rates matching collection volumes may be set under Sec. 30-10. Sections 30-7, 30-8 and 30-10 were not read for this page.

Sec. 28-154 says a violation of Secs. 28-145 through 28-156 and Sec. 28-159 may be prosecuted under Article VI (code enforcement) or by any other procedure and remedy available to the City, including revocation of the vacation rental registration. Sec. 28-158(b) makes each day an owner rents a short term rental unit in RS-1 or RS-2 without a valid registration a separate violation. The code enforcement article (Article VI) was not read for this page.

The City's Short Term Rentals page lists a base fee of $315.51 plus $82.85 for each rental bedroom, for example $481.21 for two bedrooms and $564.06 for three. The late renewal fee is $100 and the reinspection fee is $50. The FAQ on the same page lists lower figures ($303.03 base plus $79.30 per bedroom), and the fee resolution that sets the fees under Sec. 28-146 was not read, so these amounts need review before they are relied on. FAQ text says application fees are non-refundable if an application is denied or the property fails the final inspection.

The Tax Collector's page says participants are required to obtain a Sales Tax Identification Number from the Florida Department of Revenue, a St. Johns County Business Tax Receipt, and to complete a St. Johns County Tourist Development Tax Application. It adds that, depending on the rental location, operators may need to register with other departments, and it lists the City of St. Augustine's short-term rental page for rentals in the city.

The Tax Collector's page says the tourist development tax rate has been 5% since October 1, 2021 (Ordinance 2021-43) and applies to single family dwellings, condominiums and other accommodations rented for six months or less. Owners and agents collect the tax from guests and remit it to the Tax Collector. Returns are due on the first of the month after collection and are delinquent if not postmarked by the 20th; a return is filed every month, even when no tax is due. A late payment loses the 2.5% collection allowance (capped at $30) and carries a 10% penalty for each 30 days, up to 50% of the tax due and not less than $50, plus interest. This page does not total state, county and local taxes.

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.