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First Public Hearing to Consider Ordinance Regarding Short-Term Vacation Rentals; Creating New Section 6 of Code, Appendix A, Article III, to be Entitled, Requirements for Short-Term Vacation Rentals; Providing for Regulations of Short-Term Vacation Rentals Consistent With F.S. Chapter 633 and are Comparable With Those That State Applies to Other Transient Public Lodging Establishments
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BRIEF OVERVIEW
I. Prior Board Direction
On February 3, 2026, the Planning Department presented a proposed ordinance to adopt land development regulations for short-term vacation rentals to the Board for discussion purposes. That proposed ordinance was based on the one adopted by Pinellas County.
At the agenda item’s conclusion, the Board reached a consensus that it did not want to move forward with that proposed ordinance. The Board members expressed their concerns that certain provisions contained therein were too draconian. Specific provisions that Commissioners objected to included regulating peer-to-peer/platform entities (e.g., AirBNB, etc.), requiring operators to obtain a certificate of use from the County, delegating too much discretion to the Administrative Official to grant such certificates, requiring insurance coverages above those provided by traditional homeowners’ or renter’s policies, requiring operators to disclose their occupancy rates, requiring inspections on demand, requiring operators to post certain information in their properties, and requiring responsible parties to inquire into a prospective tenant’s sexual offender/predator status. Instead, the Board reached a new consensus that Staff should redraft the ordinance to adopt the licensure and inspection standards adopted by the Florida Department of Business and Professional Regulation for transient public lodging establishments. Multiple opponents of the prior, proposed ordinance expressed their belief that DBPR’s regulations were appropriate, but that DBPR did not aggressively enforce them regarding Hernando County’s short term vacation rentals.
II. Legal Analysis
The County Attorney’s Office subsequent research quickly revealed that Hernando County could not adopt DBPR’s regulatory scheme for short term vacation rentals because the Legislature preempted local governments from enforcing DBPR’s rules.
A. The State’s Regulatory Scheme
Fla. Stat. Ch. 509 regulates public lodging and food service establishments in Florida.
The Legislature has designated DBPR to be the primary regulatory agency for “transient public lodging establishments,” a category that includes short term vacation rentals. Fla. Stat. § 509.013(4)(a)(1) defines a “transient public lodging establishment as “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 1 calendar month, whichever is less, or which is advertised or held out to the public as a place regularly rented to guests.” Fla. Stat. § 509.242(1)(c), in turn, defines “vacation rentals” as a subset of transient public lodging establishment, to wit: “A vacation rental is any unit or group of units in a condominium or cooperative or any individually or collectively owned single-family, two-family, three-family, or four-family house or dwelling unit that is also a transient public lodging establishment but that is not a timeshare project.” Contrary to some public comments at the prior Board meeting, the Legislature has not exempted mobile and manufactured homes from the definition of “vacation rentals.”
1. Licensure by DBPR
Fla. Stat. § 509.241 prohibits a property owner from operating a vacation rental without first obtaining a license to do so from DBPR, which must be displayed in the vacation rental, and thereafter must be renewed annually. That statute makes the operation of a vacation rental without a DBPR license a second-degree misdemeanor. See id.
The application for a vacation rental license requires the applicant to provide DBPR with (1) either their Social Security Number or Federal Employers Identification Number (FEIN), as appropriate, (2) the rental location addresses for all units or houses to be licensed, (3) a completed DBPR Form HR-7020, Certificate of Balcony Inspection, if the applicable units or houses are 3 or more stories in height and the railings, stairwells, or balconies are not situated within in common areas, and the applicable application fee. See Rule 61C-1.002, F.A.C., DBPR Form HR 5025-753 (“Guide to Vacation Rentals and Timeshare Projects for Florida’s Public Lodging Establishments”); DBPR HR-7028 (“Application for Vacation Rental or Timeshare Project License”).
2. DBPR’s Safety Standards for Vacation Rentals
DBPR requires vacation rentals to adhere to the safety regulations laid out in Fla. Stat. Ch. 509, which are:
• At least one (1) approved locking device is required that cannot be opened by a non-master guest room key on all outside and connecting doors (cannot be a sliding chain or hook and eye type of locking device).
• A current Certificate of Balcony Inspection (DBPR Form HR 7020) must be filed with DBPR every three years, unless as noted above, the exterior balconies and stairwells are “common” elements of a condominium.
• Railings shall be installed on all stairways and around all porches and steps.
• Heating and ventilation must be kept in good repair or installed to maintain a minimum of 68 degrees Fahrenheit throughout the building.
• A Boiler Certificate is required, if needed, though not required if the boiler is located in a common area. A water heating device is considered a boiler if it exceeds any one of the following limits: maximum heat input of 400,000 BTHU; water temperature of 210 degrees Fahrenheit; water capacity of 120 gallons.
• High hazard areas like boiler rooms and laundry rooms must be kept clean and free of debris and flammable materials.
• Smoke alarms must be installed in every living unit.
See, generally, DBPR Form HR 5025-753 (“Guide to Vacation Rentals and Timeshare Projects for Florida’s Public Lodging Establishments”); Rule 61C-3001, F.A.C.; Rule 61C-1004, F.A.C.
3. DBPR’s Inspections of Vacation Rentals
Fla. Stat. § 509.032(2) makes DBPR the sole agency that has the authority to conduct inspections of public lodging establishments to ensure their compliance with Fla. Stat. Ch. 509. That statute requires DBPR to periodically inspect all public lodging establishments but also exempts vacation rentals from the inspection requirement. Instead, “[p]ublic lodging units classified as vacation rentals ... shall be made available to [DPBR’s inspectors] upon request.” Typically, DBPR only seeks to inspect vacation rentals in response to customer complaints. In Fiscal Year 2024-2025, DBPR received 252 consumer complaints regarding vacation rentals, of which DBPR’s inspectors confirmed a violation in 27 cases. See Department of Business and Professional Regulation, Division of Hotels and Restaurants Annual Report for FY 2024-2025 (Sept. 30, 2025).
DBPR inspects vacation rentals for matters of safety (for example, fire hazards, smoke detectors, and boiler safety), sanitation (for example, safe water sources, bedding, and vermin control), consumer protection (for example, unethical business practices, compliance with the Florida Clean Air Act, and maintenance of a guest register), and other general safety and regulatory matters. See Fla. Stat. §§ 509.211 (safety requirements) and 509.221 (sanitary requirements); Rule 61C1.002, F.A.C.; DBPR Form HR 5022-014 (“Lodging Inspection Report”); DBPR HR 5024-038 (“Lodging Opening / Licensing Inspection Checklist”). DBPR’s inspectors must notify the local fire department or the State Fire Marshal if they readily observe a violation of the Florida Fire Prevention Code during an inspection. See Fla. Stat. § 509.032(2)(a).
4. The Legislature’s Preemption of Counties from Enforcing Fla. Stat. Ch. 509 or the DBPR’s Administrative Rules
Unlike most situations wherein a county can adopt state laws into its code of ordinances, Fla. Stat. § 509.032(2) vests in DBPR the exclusive authority to enforce Fla. Stat. Ch. 509 and the administrative rules that DBPR has promulgated to effectuate those statutes.
5. The County’s Limited Authority to Regulate Short Term Vacation Rentals
Pursuant to Fla. Stat. 509.032(7)(a), a local government can impose an inspection requirement to ensure property owners’ compliance with the Florida Building Code and the Florida Fire Prevention Code. Id. (referencing Fla. Stat. §§ 553.80 & 633.206). In Souder v. City of St. Augustine, No. CA20-0771, 2021 WL 12324981, at *2 (Fla. Cir. Ct. Aug. 26, 2021), the court held that the statute authorized local governments to inspect vacation rentals to insure compliance with codes that are incorporated by reference into the Florida Building Code and the Florida Fire Prevention Code, such as the Life Safety Code and the Swimming Pool Safety Code. In all other respects, Fla. Stat. 509.032(7)(b) defines the regulatory powers of local governments in negative terms, to wit: “A local law, ordinance, or regulation may not prohibit vacation rentals or regulate the duration or frequency of rental of vacation rentals.”
Further, the Florida Attorney General emphasized in opinions has opined that Fla. Stat. § 509.032 greatly limits local governments’ home rule powers. See AGO 2014-09 (opining that Fla. Stat. § 509.032(7)(b) bars a local government from using its zoning code “to prohibit vacation rentals in a particular area where residential use is otherwise allowed”); AGO 2016-12 (opining that city could not adopt a zoning ordinance to “impose spacing or proportional regulations that would have the effect of preventing dwellings that were otherwise eligible to be used as vacation rentals under Fla. Stat. § 509.242 from being used as ... vacation rental[s]”); AGO 2022-01 (opining that city could not amend its grand-fathered prohibition against vacation homes to allow them in a specified overlay district because “because the proposed ordinance would have the effect of regulating the ‘frequency’ of vacation rentals by exempting only a percentage of otherwise eligible housing units in the base zoning district designation categories from the preexisting, overarching prohibition against vacation rentals currently imposed by grand-fathered base zoning district provisions, the City's proposed zoning overlay ordinance would exceed the regulatory authority granted in section 509.032(7)(b).”).
III. The New Proposed Ordinance
Considering (1) the Legislature’s preemption of local governments from enforcing Fla. Stat. Ch. 509 or DBPR’s administrative rules and (2) the Legislature’s limitation of local governments home rule power to otherwise regulate short term vacation rentals, Staff considered what land use regulation it could enact that would come closest to meeting the consensus goals of the Board. Staff concluded that it could prepare a draft land development regulation that (1) requires owners to register short term vacation rentals with the County, (2) requires building and fire safety inspections as a registration prerequisite, (3) requires the possession of a DBPR license as a registration prerequisite, (4) prohibits the use of accessory structures and other non-dwellings as short term vacation rentals, and (5) requires that short-term rental owners pay their tourist development taxes.
Below please find a section-by-section analysis of the proposed ordinance’s land development regulation:
Section 1. To comply with the Attorney General’s opinions that the County cannot restrict short term rentals geographically that would otherwise be statutorily eligible, Subpart (1) specifies the regulations will apply in all the County’s zoning districts. To comply with Fla. Stat. § 509.242(1)(c), Subpart (1) also excludes timeshares, hotels, motels, bed-and-breakfasts, and residential dwelling units that are rented for more than one month at a time from the regulations’ scope. Subpart (2) provides that the regulations will only apply in unincorporated areas of the County.
Section 2. This section defines terms that are used in the proposed regulations.
Section 3. Subpart (1) requires short term vacation rentals to be registered with the administrative official within six months of the ordinance’s adoption. Unlike the prior version, this does not require an operator to apply to the County for a permit or a license. Subpart (2) grand-fathers short term rental agreements that owners entered prior to the ordinance’s effective date. This prevents the Board’s enactment of the proposed ordinance from constituting a Fifth and Fourteenth Amendment taking.
Section 4. This section sets out how short-term vacation rental owners can register their properties with the Administrative Official. Among other requirements, this Section requires owners to document that their properties have undergone building and fire safety inspections, that they possess a license issued by DBPR, and requires that owners demonstrate that they will pay their tourist development taxes.
Section 5. This section requires that registrations be renewed annually.
Section 6. This section provides that if an owner has satisfied the prerequisites for registration, the Administrative Official has no discretion to reject the registration.
Section 7. This section requires owners to update their registrations as events occur. This is taken almost verbatim from DBPR’s rule.
Section 8. This section gives registrants time to remedy incomplete registrations and is also taken almost verbatim from DBPR’s equivalent rule.
Section 9. Subpart (1) delineates the authority of the Fire Chief to conduct post-registration inspections of short-term vacation rentals. Subpart (2) does the same for the authority of the Building Official. Subpart (3) emphasizes that pursuant to Fla. Stat. § 509.032(2)(a), neither the Fire Chief nor the Building Official can inspect short term vacation rentals for the purpose of ensuring their compliance with Fla. Stat. Ch. 509. It also mirrors Fla. Stat. § 509.032 by providing that if a fire or building inspector readily observes a violation of Fla. Stat. Ch. 509, he or she is to report the possible violation to DBPR.
Section 10. This Section makes registrations non-transferable and mirrors the requirement of DBPR.
Section 11. This Section requires compliance with various life safety laws and sets forth the duties of a “responsible party. Subpart (10) prohibits the use of accessory structures as short term vacation rentals. The Attorney General has opined that this is a valid regulation. In AGO 2018-06, the Attorney General answered two questions regarding the nature of a dwelling unit. As noted above, Fla. Stat. § 509.242(1)(c) defines “vacation rental” to include a “dwelling unit.” The Attorney General opined that a structure in which people are permitted to sleep but did not qualify as “house or dwelling unit” cannot be a vacation rental under Fla. Stat. § 509.242(1)(c). “Accordingly, an ordinance allowing an accessory structure located on the premises of a house or dwelling unit to be used for sleeping, but prohibiting it from being independently rented out, would not be barred by section 509.032(7), Florida Statutes, because that provision bars local laws that prohibit ‘vacation rentals.’” Please note that the Hernando County Code defines a dwelling to exclude “any temporary lodging, boarding or rooming building or structure designed for transient residence.” See Hernando County Code, App. A., Art. I, § 3(43).
Section 12. This Section sets forth the processes by which an aggrieved party can seek relief from a decision of the Administrative Official, Fire Chief, and the Building Official. These are just restatements of the processes that already exist for such appeals.
Section 13. This Section prohibits people from giving the County false information in relation to the registration of short-term vacation rentals.
Section 14. This Section sets for the various enforcement mechanisms that the County can utilize to ensure compliance with these regulations.
IV. The Next Step
If the Board wishes to move forward on adopting the proposed ordinance, the Board will need to authorize staff to set up and advertise for a second public hearing to be held on September 1, 2026, and which time the Board can enact the proposed ordinance.
FINANCIAL IMPACT
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 and Chapter 633, Florida Statutes.
recommendation
RECOMMENDATION
It is recommended that the Board: (1) discuss and hear comments on the proposed ordinance, and if the Board wishes to move forward, (2) authorize, by a majority plus one vote pursuant to Fla. Stat. § 125.66(5)(b), the advertising of a second public hearing on the proposed ordinance to be held at 9:00 a.m., or as soon thereafter as it can be heard, on September 1, 2026.