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Discussion Regarding Potential Ordinance to be Entitled Short-Term Rental Use Regulations for Requiring Certificates of Use for Short-Term Rental Properties
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BRIEF OVERVIEW
Background
Chapter 509, Florida Statutes establishes a regulatory framework for lodging establishments, including vacation rentals and transient public lodging establishments. It defines vacation rentals as "transient public lodging establishments" that consist of "any unit, group of units, dwelling, building, or group of buildings within a single complex of buildings which is rented to guests more than three times in a calendar year for periods of less than 30 days or one calendar month, whichever is less, or which is advertised or held out to the public as a place regularly rented to guests.”
Although Florida Statutes Section 509.032 restricts local governments from enacting regulations that prohibit vacation rentals or that regulate the duration or frequency of such rentals, the statute does not prohibit local governments from enacting new regulations on vacation rentals that do not pertain to duration and frequency.
Comprehensive Plan Consistency
Strategy 1.10B(3) of Hernando County's 2040 Comprehensive Plan requires that the County “[p]rotect existing and future residential areas from encroachment of incompatible uses that are destructive to the character and integrity of the surrounding residential area.”
Goal 4.01 of Hernando County’s 2040 Comprehensive Plan requires the County to “provide sites for adequate housing of its residents and shall ensure that residents have access to safe, decent and sanitary housing that is affordable to all income levels.”
Objectives 1.04B and 1.04G of the 2040 Comprehensive Plan provide that, with limited exceptions, commercial uses are prohibited in residentially designated areas, which include single-family and multifamily areas, and that high density residential uses, such as hotels, motels, and bed and breakfast establishments, are not generally allowed in residentially designated areas
Analysis
If unregulated, vacation rentals can create negative compatibility impacts in residential neighborhoods, including inappropriate commercialization and disruption of the character of residential neighborhoods such as excessive noise, parking that overwhelms residents’ use, and accumulation of trash, as well as diminished public health, safety, and welfare.
The proposed ordinance is designed to preserve the quiet nature and atmosphere of residential areas and ensure County residents the tranquility and peaceful enjoyment of their neighborhoods; and to provide law-abiding residents the opportunity to offer and use vacation rentals in an orderly manner, consistent with state and local law and with neighborhood character.
Process
If approved, this ordinance allows the County, through its existing regulatory framework, to issue certificates to short-term rentals conforming to these standards, which will in turn provide a level playing field amongst all providers of short-term rental units.
Additionally, this ordinance establishes an enforcement mechanism for those short-term rental properties which do not adhere to the standards on an initial or continuing basis, with the overall goal of the short-term rental unit program being compliant with the standards and not punitive in its scope.
Planning and Zoning Commission Review
The proposed ordinance was presented at the December 8, 2025, Planning and Zoning Commission meeting for preliminary review and discussion. The following items were brought up as potential points for consideration:
• Possibly consider just limiting number of guests per unit, not per room.
• Enforcement section is weak - need to have substantial enforcement, including financial impact, for property owners and managers to pay attention.
• Code requirements - is it based on permanent use, or will there be requirements above and beyond to meet “hotel” standards for overall community safety?
• What is the timeframe for response from a responsible party if contacted with an issue about a property?
• Parking - in Hernando Beach, there is an issue with boat trailers and car parking, clogging up roadways and impeding potential emergency services. Need to ensure this is spelled out. Also needs strong enforcement arm.
• How will noise realistically be regulated?
• Possibly separate out accessory dwelling units v. temporary structures such as RVs for potential accessory structure rental.
• Standardized forms for implementation of various parts of the process are needed.
Posting of contact information for short-term rental owner/manager on site or distributed to adjacent residents. With this, include what the owner/manager allows on site (max # of guests, cars, etc., and assists with enforcement if Air B&B needs to be contacted.)
• Fire extinguisher requirements?
• Signage posted when guests arrive and leave on safety measures?
• Lighting for rental units (external floodlights shining into adjacent residences and canals).
• How does this impact boat rentals? Issue with boats being rented separate from units?
FINANCIAL IMPACT
A matter of policy. There is no financial impact associated with this request.
LEGAL NOTE
The Board has the authority to act on this matter pursuant to Chapter 125, Florida Statutes.
recommendation
RECOMMENDATION
It is recommended that the Board discuss the proposed ordinance, take public comment, and determine whether it should be scheduled for adoption hearings in the future.