Magistrate orders $1,000 fines for three short‑term rentals at St. Pete Beach property; zoning cited

A special magistrate for the City of Saint Pete Beach found that a property owner violated the city's land development code by offering short‑term rentals in a zoning district that permits only monthly tenancies and assessed civil penalties.

The magistrate found three short‑term rentals at the property and assessed $1,000 per rental, plus $330 in administrative costs and any applicable recording fees. “I am going to find that the property was in violation of the stated code sections. I am going to find that there were 3 rentals. I am going to find that they were all short term and otherwise prohibited in that zoning district. And I am going to assess, the thousand dollars, for each 1, along with the, administrative cost and recording cost to the city,” the magistrate said.

City staff presented Airbnb listings and reviews as evidence. The city’s representative said the property is in the T C One zoning district and is permitted only for monthly rentals; the owner was cited under section 30.5 (Prohibited uses and structures) of the City of Saint Pete Beach Land Development Code.

Respondent David J. Tucker said he relied on a property manager and that some post‑hurricane accommodations had been provided to displaced neighbors at no charge. Tucker also questioned whether a recent state emergency order affected local zoning; the magistrate rejected that interpretation. “That does not affect the city's zoning,” the magistrate said, responding to the reference to DBPR order number 2024‑O9 and press reports.

The magistrate noted no evidence was presented to show this owner was entitled to hurricane‑related exemptions similar to those the magistrate applied in a separate case, and ordered the full penalty. Staff said the city would prepare a written order documenting the violation, fines and the administrative/recording fees; the city may record a lien if the fines are not paid within the statutory period.