Hillsborough County, Florida Short-Term Rental Regulation: A Guide For Airbnb Hosts

What are Short-Term Rental (Airbnb, VRBO) Regulations in Hillsborough County, Florida?

Hillsborough County, home to the city of Tampa, has specific regulations governing short-term rentals like those listed on Airbnb and VRBO. These rules aim to balance the growing popularity of vacation rentals with the need to maintain neighborhood character and quality of life for residents. Here's what you need to know about short-term rental regulations in Hillsborough County.

Starting a Short-Term Rental Business in Hillsborough County

To legally operate a short-term rental (defined as stays of 7 nights or less) in Hillsborough County, property owners must take several key steps:

• Check zoning requirements: Short-term rentals are only permitted in designated residential and commercial areas. Contact the Hillsborough County Land Development Office to verify if your property is zoned for transient rentals. Renting in a non-approved zone could result in fines.
• Obtain a vacation rental license: Apply for a vacation rental license from the Florida Department of Business and Professional Regulation (DBPR). The application requires details about the property type (single unit, group, collective) and may require a balcony inspection for multi-story buildings.
• Acquire business licenses: Obtain a general business license (business tax receipt) from both the State of Florida and Hillsborough County. These licenses must be renewed annually.
• Comply with tax obligations: Register with the Florida Department of Revenue and collect the 6% Florida Transient Rental Tax, 2% Florida Discretionary Sales Surtax, and 6% Hillsborough County Tourist Development Tax on all bookings.

While Hillsborough County does allow short-term rentals that meet these requirements, enforcement of the rules can be stringent. In 2023, code enforcement received 50 complaints about illegal short-term rentals, with that number rising in 2024. Fines may be imposed on hosts operating without proper licenses or in violation of zoning codes.

Some Hillsborough County residents have expressed frustration with the growth of Airbnbs in residential neighborhoods. One Reddit user shared, "I am a resident of St Petersburg and have a property in our neighborhood that was bought specifically for Airbnb rental. We are attempting to get city code enforcement to close it down, will see. Am not sure anyone wants to live across the street from a hotel."

Despite these challenges, many hosts continue to operate successful short-term rentals in Hillsborough County. By carefully following local regulations, hosts can tap into the strong demand for vacation rentals in the Tampa area while being good neighbors. As one Airbnb host shared, "I have 4 airbnbs in Hillsborough county...The county has agreements with Airbnb and Airbnb collects the short term hotel taxes and pays them to Hillsborough. Hillsborough has smartly decided not to keep busting balls about the zoning technicality because they stand to lose a shitload of tax revenue if they do."

In summary, while short-term rentals are legal in Hillsborough County with the proper licenses and zoning, hosts must be diligent about compliance to avoid fines and maintain positive community relationships. With the Tampa area's popularity as a tourist destination, a well-run Airbnb can be a lucrative venture for savvy hosts who play by the rules.

Short-Term Rental Licensing Requirements in Hillsborough County

To legally operate a short-term rental (stays of 6 months or less) in Hillsborough County, property owners must meet several licensing requirements at both the state and county level:

1. State Vacation Rental License: Apply for a vacation rental license from the Florida Department of Business and Professional Regulation (DBPR). The application requires details about the property type (single unit, group, collective) and a $50 non-refundable application fee. License fees are based on the number of units:

1. Single Unit: $170 annually
2. Group (2-25 units): $215 annually
3. Collective (26+ units): $290 annually

Submit your application online through the DBPR website. Processing usually takes 2-4 weeks.

2. County Business Tax Receipt: Obtain a business tax receipt (BTR) from Hillsborough County. You will need your state vacation rental license to apply. The BTR application is available on the county Tax Collector website and has a fee of $45 for most rental properties. The county issues BTRs within 1-2 weeks of receiving a complete application.

3. Tourist Development Tax Account: Register your short-term rental with the Hillsborough County Tax Collector to receive a Tourist Development Tax Account. This allows you to collect and remit the 6% Tourist Development Tax on all rental income. There is no fee to register, but you must file a tax return and remit taxes collected monthly. Returns and payments are due by the 20th of the following month.

Failure to obtain the required licenses and pay applicable taxes can result in significant penalties:

1. Operating without a state vacation rental license is a second-degree misdemeanor punishable by a fine up to $500 and/or 60 days in jail.
2. Hillsborough County may impose additional fines for renting without a BTR, with repeat violations reaching $500 per day.
3. Late or missing Tourist Development Tax payments incur a 10% penalty and 1% monthly interest until paid.

In summary, short-term rental hosts in Hillsborough County must obtain a state license, county BTR, and tourist tax account before listing their property. Allow at least 4-6 weeks to complete all licensing steps. Proper licensing ensures compliance with local regulations and avoids costly fines. For more details, visit the DBPR, Hillsborough County Tax Collector, and Hillsborough County Business Tax websites.

Required Documents for Hillsborough County Short-Term Rentals

To legally operate a short-term rental in Hillsborough County, hosts must obtain several key documents from state and local authorities. Here are the essential documents required, along with their purpose and how to acquire them:

1. State Vacation Rental License: This license, issued by the Florida Department of Business and Professional Regulation (DBPR), ensures your rental meets statewide safety and regulatory standards. Apply online through the DBPR website, paying the applicable fee based on rental type (single unit, group, collective). The license must be renewed annually.
2. County Business Tax Receipt (BTR): Hillsborough County requires all short-term rental operators to obtain a Business Tax Receipt, proving the rental is a legitimate business. Apply through the Hillsborough County Tax Collector website after receiving your state license. The BTR has a $45 fee and must be renewed yearly.
3. Tourist Development Tax Account: Register with the Hillsborough County Tax Collector to receive a Tourist Development Tax Account number. This allows you to collect and remit the 6% Tourist Development Tax on rental income. There is no fee to register, but you must file monthly tax returns.
4. Property Registration Number: Upon receiving your state license, you'll be assigned a unique property registration number. This number must be displayed on all rental advertisements and listings to show compliance with state law.
5. Proof of Zoning Compliance: Contact the Hillsborough County Land Development Office to verify your property is zoned for short-term rentals. Keep documentation of zoning approval on file in case of any compliance disputes.
6. Lease Agreement & HOA Approval (if applicable): If you're a tenant, obtain written permission from your landlord to sublet the property as a short-term rental. For properties governed by a homeowners association (HOA), get written approval that rentals are allowed.

Failure to obtain and maintain these required documents can result in significant fines and penalties from both state and county authorities. By carefully following the licensing and registration process, Hillsborough County hosts can ensure they operate legally and avoid costly enforcement actions.

Hillsborough County Short-Term Rental Taxes

When operating a short-term rental business in Hillsborough County, it's crucial to understand and comply with the various tax obligations. Here's a breakdown of the key taxes that apply to vacation rentals:

1. Hillsborough County Tourist Development Tax: This is a 6% tax on the total rental amount, including any cleaning fees, for stays of 6 months or less. The tax is collected from the guest and remitted to the Hillsborough County Tax Collector monthly, with returns and payments due by the 20th of the following month. Failure to collect and pay this tax can result in significant penalties.
2. Florida State Sales Tax: The state of Florida imposes a 6% sales tax on the total rental charge for accommodations of 6 months or less. This tax is administered by the Florida Department of Revenue and is reported and paid along with any applicable discretionary sales surtax using Form DR-15.
3. Florida State Transient Rental Tax: In addition to state sales tax, Florida charges a 6% transient rental tax on accommodations rented for 6 months or less. This tax is also reported and paid to the Florida Department of Revenue.
4. Discretionary Sales Surtax: Some Florida counties levy a discretionary sales surtax of 0.5% to 1.5% on transient rentals. This surtax is collected along with the state sales tax and remitted to the Department of Revenue.

It's important to note that booking platforms like Airbnb and Vrbo collect and remit some of these taxes on behalf of hosts in Hillsborough County. As of February 1, 2019, Airbnb collects and pays the 6% Hillsborough County Tourist Development Tax for reservations under 184 nights. However, hosts are still responsible for registering with tax authorities and filing regular returns.

Possible Deductions and Write-Offs

Short-term rental hosts can often deduct certain expenses to reduce their tax liability. Some common deductible expenses include:

1. Mortgage interest
2. Property taxes
3. Rental insurance
4. Utilities
5. Cleaning and maintenance costs
6. Repairs and replacements
7. Supplies for guests
8. Advertising and platform fees

Hosts should keep detailed records and consult with a tax professional to ensure they are taking advantage of all applicable deductions. By understanding and staying on top of tax obligations, short-term rental operators in Hillsborough County can run a successful and compliant business.

Florida-Wide Short-Term Rental Rules

In addition to Hillsborough County's specific regulations, short-term rental hosts must also comply with several state-level laws and requirements:

1. Vacation Rental License: The Florida Department of Business and Professional Regulation (DBPR) requires all short-term rental properties to obtain a vacation rental license. This applies to rentals of 6 months or less. Hosts must submit an application, pay the appropriate fee based on rental type (single, group, collective), and renew the license annually.
2. State Business License & Tax Certificate: Short-term rental operators must also obtain a state business license and register for a sales tax certificate with the Florida Department of Revenue. This allows hosts to collect and remit the required state sales taxes on rental income.
3. Tourist Development Taxes: While the state sales tax is 6%, counties can levy additional tourist development taxes. In Hillsborough County, hosts must collect a 6% tourist development tax on all rental revenue and file monthly returns with the county tax collector.
4. Occupancy Limits: A recent state bill (SB 280) set occupancy limits for vacation rentals at two persons per bedroom, plus two additional persons in a common area. However, if each person has at least 50 square feet of space, the limit can exceed two per bedroom. Local governments can impose stricter caps.
5. Responsible Party & Complaint Response: State law requires short-term rental hosts to designate a responsible party who is available 24/7 to handle any guest issues or complaints. Some legislators have criticized this, arguing a call center could fulfill this role without true local responsiveness.
6. Advertising & Registration Number Display: Any short-term rental advertisements must prominently display the property's state-issued registration number to demonstrate compliance with licensing requirements.

It's important to note that statewide short-term rental regulations remain an evolving issue in Florida. Legislators have tried to strike a balance between protecting communities and enabling rental activity. In 2024, Governor DeSantis vetoed a bill (SB 280) that would have further restricted local control. However, statutes from 2011 and 2014 still prohibit local governments from banning rentals outright or regulating length and frequency of stays.

Hillsborough County hosts must closely monitor both state and county-level regulations to ensure full compliance. Failure to adhere to licensing, tax, and operational requirements can result in significant fines at both levels. By understanding and following the rules, hosts can legally tap into the Tampa area's booming short-term rental market.

Does Hillsborough County Strictly Enforce STR Rules?

Based on discussions among Airbnb hosts on Reddit and BiggerPockets, Hillsborough County appears to take a relatively lax approach to enforcing short-term rental regulations compared to some other Florida cities and counties. While the county does have a rule prohibiting rentals under 7 days in residentially zoned areas, many hosts report operating STRs without major issues.

As one Airbnb host shared on Reddit, "I have 4 airbnbs in Hillsborough county...The county has agreements with Airbnb and Airbnb collects the short term hotel taxes and pays them to Hillsborough. Hillsborough has smartly decided not to keep busting balls about the zoning technicality because they stand to lose a shitload of tax revenue if they do."

This suggests that Hillsborough County is somewhat Airbnb-friendly, valuing the tax revenue generated by short-term rentals over strict zoning enforcement. The county seems to take a reactive rather than proactive approach - while rules are on the books, enforcement mainly happens in response to specific complaints rather than active monitoring.

Another host noted, "Code Enforcement in both the unincorporated county and City proper are nearly always reactive. Unlike an HOA, they don't have staff that drive around and check to see if you are in violations of the ordinances." So while operating a non-compliant STR carries some risk, many hosts continue to do so with limited pushback from the county.

That said, Hillsborough County is not a total free-for-all for short-term rentals. Hosts still need to obtain proper licensing, pay applicable taxes, and follow other rules like occupancy limits. And in cases where neighbors do complain about issues like noise or parking, the county may step in and fine non-compliant operators.

Overall, while Hillsborough County has regulations restricting short-term rentals, enforcement seems spotty and the county appears to have a somewhat Airbnb-friendly stance compared to other major Florida destinations. Many hosts operate STRs in the county despite the 7-day minimum rule, though it's not without risk. The county's approach reflects a balancing act between the interests of hosts, guests, residents, and the local economy.

How to Start a Short-Term Rental Business in Hillsborough County

Starting a short-term rental business in Hillsborough County requires careful planning and adherence to local regulations. Follow these steps to launch your rental venture:

• Determine if your property is eligible: Contact the Hillsborough County Land Development Office to verify if your property is zoned for short-term rentals (stays of 7 nights or less). If it's not in an approved zone, you won't be able to operate legally. Consider purchasing a property in a pre-approved zone to avoid zoning hassles. Work with a local real estate agent familiar with short-term rental regulations.
• Obtain a state vacation rental license: Apply for a vacation rental license from the Florida Department of Business and Professional Regulation (DBPR). You'll need to provide details about your rental type (condo or dwelling) and pay the applicable fee, which varies based on rental size and license duration. Apply online through the DBPR website. Thoroughly review the DBPR application checklist to ensure you have all required information and documents ready before starting the process.
• Acquire a county business tax receipt: After receiving your state license, apply for a business tax receipt (BTR) from Hillsborough County. You can file online through the county Tax Collector website and pay the $45 fee. The county typically issues BTRs within 1-2 weeks. Keep your state license and county BTR in a safe place and note the renewal dates. You'll need to renew both annually to stay compliant.
• Register for a tourist tax account: Visit the Hillsborough County Tax Collector website to register for a Tourist Development Tax Account. This allows you to collect and remit the required 6% tourist tax on all rental income. You'll file monthly returns and payments online. Use accounting software to track rental income and tourist tax collections. Set aside tax funds in a separate account so you're prepared to file and pay each month.
• Prepare your property for guests: Furnish and equip your rental to provide a welcoming, comfortable stay. Invest in quality furniture, linens, and amenities that match your target market. Hire a professional photographer to capture enticing listing photos. Research similar rentals in your area to gauge how to price and market your property competitively. Provide thoughtful touches like local guidebooks or welcome baskets to wow guests.
• Create a compelling listing: Sign up for hosting platforms like Airbnb and Vrbo. Craft an attention-grabbing listing title and description that highlights your rental's best features. Upload high-quality photos and set competitive nightly rates. Emphasize your rental's unique selling points, like luxury finishes, convenient location, or resort-style amenities. Offer special rates or discounts to attract your first guests and garner positive reviews.
• Automate your rental operations: Utilize vacation rental software to streamline reservations, guest communication, cleaning management, and more. This saves time and ensures a smooth experience for both you and your guests. Choose software that integrates with your booking platforms and includes features like keyless entry, automated messaging, and cleaning team scheduling.

By following these steps and staying attuned to local regulations, you'll be well on your way to launching a successful short-term rental business in Hillsborough County. Remember to prioritize guest satisfaction, maintain an attractive property, and keep accurate records to ensure long-term success.

Who to Contact in Hillsborough County about Short-Term Rental Regulations and Zoning?

If you have questions about short-term rental regulations or zoning requirements in Hillsborough County, there are several key contacts and resources available:

1. Hillsborough County Land Development Office: Contact zoning counselors for assistance with questions related to how zoning regulations apply to a particular property, such as setbacks, allowable uses, or rectifying a zoning violation. Submit a zoning information request online or call (813) 272-5600, Option 3.
2. Development Services: This department combines all services associated with permitting and property development, such as planning, zoning, development review, and building inspection services for unincorporated Hillsborough County. Visit in person on the 16th Floor of County Center at 601 E Kennedy Blvd in downtown Tampa.
3. Hillsborough County Tax Collector: Find information on business tax receipt (BTR) applications and tourist development tax registration on the Tax Collector website. Call (813) 635-5200 with questions.
4. Plan Hillsborough: For general inquiries related to planning and development, contact Plan Hillsborough by phone at (813) 272-5940 or visit their offices at 601 E Kennedy Blvd, 18th floor, Tampa, FL 33602.

In addition to these official contacts, there are several online communities where Hillsborough County hosts share information and discuss local regulations:

1. BiggerPockets Tampa/Hillsborough County Forums: Connect with local investors and hosts to ask questions and learn from others' experiences navigating the regulatory landscape.
2. Airbnb Community Center - Tampa, FL: Airbnb's official community forum includes a dedicated section for Tampa hosts to discuss local laws, share tips, and get support.
3. Tampa Area Short-Term Rental Alliance (TASTRA): This non-profit group advocates for fair and reasonable short-term rental regulations in the Tampa Bay area. Their website includes helpful resources and a contact form to get involved.

By utilizing these official contacts and tapping into the knowledge of experienced hosts in online forums, you can get the information and support you need to ensure your Hillsborough County short-term rental operates in compliance with all applicable regulations and zoning requirements.

What Do Airbnb Hosts in Hillsborough County on Reddit and Bigger Pockets Think about Local Regulations?

Airbnb hosts in Hillsborough County have shared their experiences and thoughts on local short-term rental regulations across various online forums. Here are some key insights from Reddit and BiggerPockets discussions:

• Reactive Enforcement: Several hosts noted that while Hillsborough County has a rule prohibiting rentals under 7 days in residentially zoned areas, enforcement is largely reactive rather than proactive. One Redditor shared, "Code Enforcement in both the unincorporated county and City proper are nearly always reactive. Unlike an HOA, they don't have staff that drive around and check to see if you are in violations of the ordinances."
• Lax Approach Due to Tax Revenue: Some hosts believe Hillsborough County takes a more relaxed stance on short-term rental enforcement to avoid losing out on substantial tax revenue. A host on Reddit explained, "The county has agreements with Airbnb and Airbnb collects the short term hotel taxes and pays them to Hillsborough. Hillsborough has smartly decided not to keep busting balls about the zoning technicality because they stand to lose a shitload of tax revenue if they do."
• Challenges with Non-Compliant Neighbors: Hillsborough County residents have expressed frustration with the impacts of poorly managed short-term rentals in their neighborhoods. One Redditor shared their experience: "Someone (or probably some company) bought a house in my neighborhood and put it up on Airbnb. Quickly became the super loud and obnoxious house in the neighborhood that wasn't getting upkept like it should have."
• Importance of Proper Licensing: BiggerPockets users emphasize the need for hosts to obtain required licenses and pay applicable taxes, even if enforcement is spotty. A member advised, "If by STR you are meaning Short Term Rental, the minimum rental period in unincorporated Hillsborough County is seven days. That is by definition of a dwelling unit in the Land Development Code. You will need a state license and will need to collect and remit the Tourist Development Tax to the Tax Collector."
• Navigating City vs. County Rules: Hosts note the importance of understanding the differences between Hillsborough County and City of Tampa regulations. A BiggerPockets user clarified, "From my understanding the city of Tampa (which I am within the limits of) doesn't have any restrictions on STRs however the county does depending on zoning."

Overall, while Hillsborough County hosts acknowledge the existence of short-term rental regulations, many feel enforcement is inconsistent. Hosts stress the importance of proper licensing and being a good neighbor to avoid complaints and maintain positive community relationships. As one host summarized on BiggerPockets, "The Tampa Bay Metro is a great area for STR / Short Term Rentals! Hillsborough only has 3 incorporated cities that you need to know the rules for: Tampa, Plant City, and Temple Terrace. The rest is unincorporated and under Hillsborough County rules."

Disclaimer: While we here at BNBCalc strive to keep all of our regulation guides updated and accurate with all the latest local laws, we still do not suggest using them as your sole or primary source for local regulations. We also do not recommend you rely on the third-party sources we link to or reference, and we are not responsible for any of the information on these third-party sites. These guides are for entertainment purposes only and only provide basic information and should not be considered as legal advice.

We highly recommend directly contacting the responsible parties for each and hearing what their officials have to say. Ultimately, it's your responsibility as an investor to ensure you fully comply with the local laws, and it's best to speak with professionals before making an investment decision.