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County asks attorney to draft registration ordinance for short‑term rentals despite state preemption
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Summary
Citing state preemption of duration limits, the board directed the county attorney to draft a business‑regulation registration or certificate‑of‑use ordinance to help code enforcement identify short‑term rental properties and require a local responsible party; the motion passed 7–0.
The Hillsborough County Board of County Commissioners on April 15 directed the county attorney’s office to draft an ordinance creating a registration or certificate‑of‑use program for short‑term (vacation) rentals to improve code enforcement capacity.
County attorney staff summarized applicable state law—Section 509.032 of the Florida Statutes—which preempts local governments from regulating the duration or frequency of vacation rentals enacted after 2011. Staff explained the county may still adopt a business‑regulation approach that does not target duration or frequency, such as a registration requirement, renewal provisions, and the designation of a local responsible party for complaints and rapid response. The presentation noted other Florida jurisdictions use registration or certificate‑of‑use models and that options can include owner affidavits certifying safety items (smoke detectors, exits) or periodic inspections.
Commissioner Harry Cohen, who led the motion, said a registration program would give code enforcement a necessary tool to identify properties, address parking and nuisance issues, and make safety and occupancy standards enforceable. The board voted 7–0 to ask the county attorney to prepare a draft ordinance and to work with neighborhood groups and industry stakeholders on the details.
Staff and the county attorney emphasized the registration approach is likely the most the county can adopt within current state law; they said the proposed ordinance will return for public review and a formal hearing process.
