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• Hire a lobbyist. IRB needs someone to speak forcefully in Tallahassee citing how STRs are decimating neighborhoods and how preemption bills will greatly harm their constituents’ home life. We need somebody now. 
• Maximum Occupancy, Section 18-216 (a) The current wording specifies only “overnight” occupancy. At least one commissioner stated that NO additional visitors should be allowed. Delete the word overnight and the occupancy limit will be the limit at all times. Until that is  done, up to 49 people can still gather to party at any STR. 
• Outside Amplified Sound Prohibition. This major noise source ruins neighbors’ peaceful enjoyment of their residences. Outside speakers and boom boxes are easy to identify if prohibited. However 18-217 (b) (4) now allows their use at any time unless it’s judged to disturb or a high dB is measured. An easy fix is to delete the wording after “if” in the first line of page 19. “is prohibited if it…” Indian River County has a separate amplified sound ordinance that applies only to Vacation Rentals, has been challenged in court and successfully retained by the county. 
• Swimming Pool Hours. A 10 PM cut off for Vacation Rentals is needed. One argument was that it’s unfair to allow a resident next door to be in the pool after 10 PM when the renters aren’t allowed. That line forgets that one is a lodging business and its renters, week after week, are on “vacation” for play time -- 24/7 if they wish. Another argument was that it would be hard to enforce. In reality, neighbors won’t call the police unless there is excessive noise coming from the pool or hot tub. Plus if the 10 PM cut off is known to be the law, most STR renters will obey.
• Transient lodgings and other commercial businesses should not be in residential neighborhoods. All transient lodgings should have the same regulations that apply to hotels and motels for the safety, security and protection of renters. And likely additional regulations because unlike hotels, they are unstaffed.

1) There is no clause regarding fees or actions after a third offense. 

•  Many other communities have implemented a license revoke for one year after the second offense. The owner would be required to reapply for a new license after the one year.  At a minimum, there should be stronger ramifications after a third offense, and these should be clearly stated in the ordinance. (The fees stated in the ordinance are insignificant based on the advertised rental fees)

2) There is no clause limiting the number of occupants.  An online newspaper article stated Attorney Mora said the commission “decided to leave this out of the ordinance due to legal issues.” 

• Research has shown that many other communities across the country and specifically Florida have implemented occupancy limits.  According to HUD Federal Occupancy Standards, a maximum of six people can live in a 3-bedroom home. A four-bedroom home can house up to eight people, and a five-bedroom can house up to ten people. The guidelines are adopted per number of beds per person. Additionally, each person should have a minimum of 165 square feet of living space. In 1996, U.S. Congress approved a two-person-per-bedroom law as a housing occupancy standard.  The Florida Building Code also limits the number of occupants. 
• Flagler County occupancy law, passed in February, has already survived an initial circuit court review.  Seminole and Orlando Counties, as well as others, have also implemented restrictions on occupancy based on existing federal law and state code.  Seminole and Orlando have included this verbiage – even limiting the number of visitors - “Each short-term vacation rental home would be limited to two people per bedroom — or sleeping room — and have no more than four children under 13. The number of visitors to the home would not be able to exceed double than the number of people renting out the home.” The maximum occupancy of a vacation rental shall be stated in the vacation rental registration form and shall be limited to the lesser of two occupants per bedroom plus two occupants. A total of eight occupants per vacation rental. (Cocoa Beach, FL) 
• St. Johns County 2021 ordinance limits vacation rentals to 10 guests at a time.
• The City of Sarasota regulates the maximum occupancy of vacation rentals in residential single-family zone districts. It is capped at two persons per bedroom plus two additional persons per property, for a total allowed number of ten persons per property, excluding children under six years of age. In residential multi-family zone districts, the maximum occupancy is limited to two persons per bedroom besides two more persons per property, for a total number of twelve persons per property, excluding children under six years of age.
• Transient occupancy of less than thirty days is allowed only for only three times in twelve consecutive months (St. Petersburg)

3) There is no clause limiting or more clearly detailing parking and trash requirements for these commercial enterprises 

•  Flagler County details that “a short-term rental house would need enough parking spaces on the property for at least two cars, plus an additional parking space for every bedroom beyond two, according to the ordinance”. The ordinance further details that “guests cannot park on sidewalks, bike paths or trails.” 
• At least one on-site parking space is required per three guests. (St. Johns County)
•  The proposed Santa Rose Beach ordinance would require one parking space for every three occupants, with garage space counting as parking if the space is, in fact, used for cars and not for storage or other purposes. The ordinance would ban on-street parking of cars, nor could cars park on the property in anything other than a designated parking space.
• You must list the approved maximum occupancy and parking on all online advertisements. (Destin Short Term Rental Affidavit of Bedrooms and Parking (cityofdestin.com) 
• At least one garbage can required per four guests.

4) There is no clause detailing noise.  

• Many Florida communities have clearly detailed in the transient short term rental ordinances that “Loud noise would be forbidden from 9 p.m. to 7 a.m.”  A standard IRB Rental Contract Rider should require the rental contract to include clauses in respect to “parties” and eviction if police are called to the property.  

5) Additional Action: 

• Increase Required Annual Licenses/Permits (Austin $733, Washington up to $870, Clearwater $500-$700, Pompano $675, San Bernadino, CA Initial Application – $1,370, Application Fee  – $600, Permit Fee  – $285, Surrounding Property Owner Notification Fee  – $485)
• Must obtain license with required Proof of Property Insurance, Proof of Payment of Hotel Occupancy Taxes, Certificate of Occupancy, Driver's License, all 3rd Party Agents must have Notarized authorization from Owners allowing them to manage property. (Austin, TX)
• Hosts who fail to register may be fined up to $500 per day. (Collier County)
• Consider revoking license if there are greater than 3 complaints (trash, noise, etc.) with a one-year wait to reapply.
• More rigorous Inspection regime
•  Receiving a Business Tax Receipt for a short-term rental requires an inspection with the Fire Department (Kissimmee, St. Pete Beach, Destin)
• Annual license renewal with inspection ordinance (Seattle, Sarasota)
• Must obtain a Certificate of Use which requires a property inspection for a total cost of $136.17. Certificates of Use are valid for a year and can be renewed. (Miami)
• Florida vacation rentals must comply with strict sanitation and safety rules and regulations. The Florida authorities take safety regulations seriously as well. There are specific requirements not only for railings, stairwells, and balconies but also for things like heating, ventilation, boilers, locking devices, smoke alarms, electrical wiring, fire extinguishers, automatic fire sprinklers, and others. (Florida)

6) Fees for Violations and increased local sales, use and tourisms taxes. 

•  Noise, health, and other violations should result in citations consistent with Florida state law allowing local governments to fine residents more than $1,000 per day for the first infraction and $5,000 per day for repeat violations.  Other cities have violation fines of between $1,500 and $5,000 (San Diego) 
• Florida vacation rentals are subject to state sales tax (and an additional discretionary sales surtax in some counties).
• In some Florida counties, short-term rentals may also be subject to local option transient rental taxes. In some counties, these taxes are collected by state tax authorities. Yet, some counties collect their own taxes, which means hosts must register and file returns with the tax authorities in that county.
• Municipalities may also have their own local lodging taxes that apply to short-term rentals, requiring local registration and filing. 
• Define Investor owned, full time STRs with no actual resident as a Land Use
• The Wilmington, NC authorities added short term rental to the list of land uses.  The ordinance identified “whole house lodging” as a land use and limited that land use to certain zoning districts.  The court upheld the regulation.
• This distinguishes a resident neighbor (with homestead exemption) to avail of a short-term rental but restricts absentee, investor-owned full time STRs. This is a long form text area designed for your content that you can fill up with as many words as your heart desires. You can write articles, long mission statements, company policies, executive profiles, company awards/distinctions, office locations, shareholder reports, whitepapers, media mentions and other pieces of content that don’t fit into a shorter, more succinct space.