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Board directs county attorney to draft a short-term-rental registration ordinance after legal briefing on state preemption
Summary
After a legal briefing on Florida Statutes Section 509.032, commissioners directed the county attorney to draft a registration/certificate-of-use ordinance for short-term rentals (to identify properties, require responsible-party contacts, and cross-check safety and occupancy requirements); motion carried 7-0.
County counsel and staff gave a legal briefing on local authority to regulate short-term and vacation rentals under Section 509.032 of the Florida Statutes. Counsel explained that the statute preempts local regulation of rental duration or frequency enacted after 2011 but preserves business-regulation tools and grandfathers regulations in place before 2011. Hillsborough County’s land-development code contains a seven-day minimum rental prohibition adopted before 2011, which the county may continue to enforce.
Staff outlined an approach used by other Florida jurisdictions: a registration or certificate-of-use requirement that would collect current property information, identify a local responsible party for complaints and quick response, and cross-reference standards such as occupancy limits, parking, property maintenance and basic life-safety measures. Some sample ordinances the county reviewed include affidavit-based safety certifications or periodic inspections.
Commissioner Cohen moved and the board directed the county attorney to draft a registration ordinance and to work with neighborhood groups and the industry to craft the language. Commissioners asked that the draft consider safety requirements (smoke detectors, fire extinguishers) and enforcement tools so code enforcement can act when complaints arise. The motion passed unanimously.
