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

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

Short-term vacation rentals through platforms like Airbnb and VRBO have become increasingly popular in Manatee County, Florida. However, the regulations governing these rentals vary across the different municipalities within the county. Here's an overview of the short-term rental rules in Manatee County and its cities.

Starting a Short-Term Rental Business in Manatee County

Interestingly, Manatee County as a whole does not currently have any specific short-term residential or vacation rental ordinances. This provides more flexibility for property owners in unincorporated areas of the county compared to those within city limits.

However, it's important for owners to stay informed about potential future changes to county regulations. Tensions have arisen in some neighborhoods due to noise and parking issues related to large gatherings at short-term rentals. In 2022, the county considered amending its code to add "weddings" and "banquets" to the definition of "medium-intensity recreational activity" to address these concerns.

While the county itself lacks STR-specific rules, the cities within Manatee County have their own varying regulations:

• City of Anna Maria: Allows short-term rentals but requires annual registration, occupancy limits based on bedroom size, 24/7 owner/agent availability, and posted property information. Implemented a noise ordinance in 2019 with fines for violations.
• City of Bradenton Beach: Mandates a permit from the Division of Hotels and Restaurants, occupancy limits, identification labels, and updated codes/standards for existing rental structures.
• City of Bradenton: Passed Ordinance 3093 in February 2022 requiring detailed registration (proof of ownership, sketches, parking plans, etc.), conspicuously posted information, and off-street parking based on occupancy. Limits guests to 12 at a time.
• Holmes Beach: Focuses on rental property zoning, requiring a vacation rental certificate valid for 2 years, minimum rental lengths based on location/zoning, and transparent advertising to renters.

Prospective short-term rental operators in Manatee County should carefully review the specific requirements in their municipality. Consulting with the local government planning/zoning department is advised to ensure compliance with all rules before launching a vacation rental business.

In terms of taxes, short-term rentals are subject to both the 6% Florida state sales tax and the 5% Manatee County Tourist Development Tax on accommodations rented for 6 months or less. Owners are responsible for registering, collecting, and remitting these taxes as platforms like Airbnb and VRBO do not do this on behalf of hosts in Manatee County.

While investing in short-term vacation rentals in Manatee County from out-of-state is feasible, owners should budget for regular visits to the property. Having a local property manager can help ensure the rental complies with all regulations and runs smoothly.

Overall, short-term rental operators in Manatee County must navigate a patchwork of municipal rules and tax obligations. But with proper due diligence, registration, and management, vacation rentals can be a lucrative investment in this popular Florida Gulf Coast destination.

Short-Term Rental Licensing Requirements in Manatee County

While Manatee County itself does not currently have specific licensing requirements for short-term rentals, owners must still comply with state-level regulations. According to the Florida Department of Business and Professional Regulation (DBPR), if you are renting out an entire unit for periods of less than 30 days or 1 calendar month more than three times per year, you need to obtain a license from the DBPR's Division of Hotels and Restaurants.

To apply for this license, vacation rental owners in Manatee County must submit the following:

1. A completed application form (DBPR Form HR-7030)
2. A $50 application fee payable to the Division of Hotels and Restaurants
3. A $10 per unit or $50 per single/group license fee
4. Proof of a current and active Certificate of Registration with the Florida Department of Revenue for collecting and remitting sales taxes
5. A current and active Tourist Development Tax account with the Manatee County Tax Collector

Applications can be submitted online through the DBPR's website or mailed to their Tallahassee Central Intake Unit. The licensing process typically takes 2-4 weeks from the date the application is received.

It's important to note that operating a short-term rental without the proper state license can result in fines and penalties. The DBPR may issue a notice of non-compliance or impose an administrative fine of up to $1,000 per offense for violations.

While the county does not require additional licensing, several municipalities within Manatee County have their own short-term rental regulations and registration processes. For example:

1. The City of Anna Maria mandates annual registration, occupancy limits, inspection, and posting requirements.
2. Bradenton Beach requires a city permit in addition to the state DBPR license.
3. As of February 2022, the City of Bradenton implemented a detailed registration process involving proof of ownership, site sketches, occupancy limits, parking requirements, and annual renewal.

Therefore, short-term rental owners in Manatee County must carefully research any additional requirements in their specific municipality to ensure full compliance with all applicable regulations at both the state and local levels. Consulting with the relevant city departments and the DBPR can help clarify the necessary steps to legally operate a vacation rental business.

Required Documents for Manatee County Short-Term Rentals

While Manatee County itself does not require any specific documents for short-term rentals, owners must still comply with state-level requirements and obtain a license from the Florida Department of Business and Professional Regulation (DBPR) if renting out an entire unit for periods of less than 30 days more than three times per year. To apply for this license, the following documents are needed:

1. Completed DBPR Application Form HR-7030: This form collects basic information about the rental property, owner, and management. It is available on the DBPR's website.
2. Proof of a Current and Active Certificate of Registration with the Florida Department of Revenue: This certificate is required for collecting and remitting sales taxes on short-term rental income. Owners can register online through the Department of Revenue's website.
3. Current and Active Tourist Development Tax Account with the Manatee County Tax Collector: Short-term rentals are subject to the county's 5% Tourist Development Tax. Owners must register with the Manatee County Tax Collector's office to obtain an account for remitting this tax.

In addition to these state-level requirements, several municipalities within Manatee County have their own regulations and required documents for short-term rentals:

1. City of Anna Maria: Requires annual registration, proof of DBPR license, inspection, and posting of required information.
2. City of Bradenton Beach: Mandates a city permit in addition to the DBPR license, along with a floor plan, parking information, and occupancy limits.
3. City of Bradenton: As of February 2022, requires a detailed registration process including a completed application, proof of ownership, responsible party designation, business tax receipt, DBPR license, Department of Revenue certificate, site sketches, and rental agreements.

Therefore, short-term rental owners in Manatee County should carefully review the specific documentation requirements for their municipality in addition to the state-level DBPR license application materials. Consulting directly with city officials and the DBPR can help ensure all necessary paperwork is obtained and submitted correctly.

Manatee County Short-Term Rental Taxes

Short-term rental owners in Manatee County are subject to two main types of taxes: the Florida state sales tax and the Manatee County Tourist Development Tax.

1. Florida State Sales Tax: The state of Florida imposes a 6% sales tax on the total rental amount for short-term accommodations rented for six months or less. This tax is collected by the owner and remitted to the Florida Department of Revenue. Owners must register with the Department of Revenue to obtain a Certificate of Registration for collecting and remitting sales taxes.
2. Manatee County Tourist Development Tax (TDT): Also known as the "bed tax" or "resort tax," the Manatee County TDT is a 5% tax on the total rental amount for accommodations rented for six months or less. This tax is in addition to the state sales tax, for a combined total of 11% in taxes on short-term rentals. The TDT is collected by the owner and remitted directly to the Manatee County Tax Collector's office, not the Florida Department of Revenue.

It's important to note that Manatee County is not contracted with third-party booking platforms like Airbnb, HomeAway, or VRBO for the collection of the TDT. Therefore, it is the owner's responsibility to collect and remit the 5% TDT to the Manatee County Tax Collector, even if the booking is made through one of these platforms.

To register for a Manatee County Tourist Development Tax account, owners can visit the Tax Collector's website and complete the online application process. Quarterly tax returns and payments are due on the 1st of the month following the end of each quarter (April 1, July 1, October 1, and January 1).

Possible Write-Offs or Deductions

Short-term rental owners may be able to deduct certain expenses related to their rental business on their federal income tax return. Some common deductible expenses include:

1. Mortgage interest
2. Property taxes
3. Rental property insurance
4. Utilities (if paid by the owner)
5. Cleaning and maintenance costs
6. Repairs and replacements
7. Advertising and marketing expenses
8. Property management fees
9. Depreciation of the rental property and furnishings

Owners should consult with a tax professional to determine which expenses are deductible and how to properly report their rental income and expenses on their tax returns.

In summary, short-term rental owners in Manatee County must collect and remit both the 6% Florida state sales tax and the 5% Manatee County Tourist Development Tax, for a total of 11% in taxes on the rental amount. Owners are responsible for registering with the appropriate agencies, filing quarterly returns, and making tax payments. Careful record-keeping and consultation with a tax advisor can help ensure compliance and maximize potential deductions.

Florida Wide Short-Term Rental Rules

In addition to the specific regulations in Manatee County, short-term rental hosts must also comply with statewide rules in Florida. In 2024, the Florida Legislature passed Senate Bill 280, which sets uniform regulations for all short-term rentals across the state. If signed by Governor Ron DeSantis, these new rules will take effect on July 1, 2024.

Key provisions of the statewide short-term rental regulations include:

1. Creation of a statewide registry for all vacation rental properties in Florida
2. Allowing local governments to charge a "reasonable fee" for short-term rental registration
3. Potential fines of up to $500 for registration violations
4. Requirement for short-term rental platforms (e.g. Airbnb, VRBO) to include valid local registration numbers in listings and provide rental information to the state
5. Authorizing local governments to require property inspections, designation of a 24/7 responsible party, and occupancy limits of 2 people per bedroom plus 2 more in a common area
6. Allowing suspension of licenses for repeated violations of general laws

Importantly, the bill clarifies that while local governments cannot completely prohibit short-term rentals, they can regulate them through measures like registration, licensing, and setting certain restrictions. The new state law allows stricter local regulations passed before June 1, 2011 to remain in effect.

In terms of statewide licensing, Florida requires short-term rental hosts to obtain a license from the Department of Business and Professional Regulation (DBPR) if renting out an entire unit for periods of less than 30 days more than 3 times per year. This involves submitting an application, fees, and proof of registration to collect state sales taxes and county tourist development taxes.

Short-term rental income in Florida is subject to the 6% state sales tax, plus county discretionary sales surtaxes in some areas. Hosts are responsible for registering with the Department of Revenue to collect and remit these taxes, in addition to the local tourist development tax collected by the county tax collector's office.

Another key consideration is that renting out a primary residence in Florida for more than 30 days per year as a short-term rental can jeopardize the homestead tax exemption. This is an important factor for hosts using their main home for vacation rental purposes.

Overall, while counties and cities across Florida have varying short-term rental regulations, all hosts must ensure they comply with the statewide requirements for licensing, registration, taxes, and the new regulations under SB 280 once in effect. Carefully researching and adhering to both state and local rules is critical for running a compliant and successful short-term rental business in Florida.

Does Manatee County Strictly Enforce STR Rules?

While Manatee County itself does not currently have specific short-term rental regulations, the municipalities within the county vary in their enforcement of STR rules. Based on discussions in real estate investing forums like BiggerPockets and Reddit, it appears that enforcement levels differ across the county.

The City of Anna Maria, for example, has implemented a noise ordinance with fines for violations and requires annual registration, occupancy limits, and property postings. This suggests a stricter enforcement approach compared to the county as a whole.

Similarly, the City of Bradenton recently passed Ordinance 3093 in February 2022 mandating detailed registration requirements, occupancy limits, and parking rules for short-term rentals. The city's move to codify these regulations indicates a commitment to enforcement.

On the other hand, some hosts on BiggerPockets have reported operating STRs in Manatee County with fewer issues compared to other Florida cities known for strict enforcement like Miami Beach or Fort Lauderdale. One investor noted that while the City of Anna Maria is becoming more restrictive, the county itself is still relatively "hands-off" regarding vacation rentals.

Overall, Manatee County appears to be more Airbnb-friendly than some other major tourist destinations in Florida, particularly at the county level. However, hosts must still navigate the patchwork of municipal regulations within the county.

Based on the experiences shared by hosts on forums, it seems that some STR operators do continue to run their businesses in Manatee County despite the evolving regulatory landscape. The key is to thoroughly research the specific rules in each municipality, register properly, and remain compliant with all local and state requirements.

Investors should stay informed about any potential changes to county-wide regulations, as tensions around short-term rentals have led to discussions about amending codes to address issues like noise and parking. While Manatee County is generally more permissive than some other areas of Florida, the STR regulatory environment remains fluid and should be closely monitored by hosts.

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

Starting a short-term rental business in Manatee County requires careful planning and compliance with state and local regulations. Here's a step-by-step guide to help you get started:

1. Research local regulations: While Manatee County itself does not currently have specific short-term rental ordinances, it's crucial to research the rules in your specific municipality. Cities like Anna Maria, Bradenton Beach, and Bradenton have their own regulations governing registration, occupancy limits, parking, and more. Familiarize yourself with these requirements to ensure compliance. Contact your local city hall or planning department for the most up-to-date information on short-term rental regulations in your area.
2. Obtain necessary licenses and permits: At a minimum, you'll need to obtain a vacation rental license from the Florida Department of Business and Professional Regulation (DBPR) if renting out an entire unit for periods of less than 30 days more than 3 times per year. This involves submitting an application, fees, and proof of registration to collect state and county taxes. Start the licensing process early, as it can take several weeks to receive approval from the DBPR.
3. Register with tax authorities: Short-term rentals in Manatee County are subject to the 6% Florida state sales tax and the 5% Manatee County Tourist Development Tax. Register with the Florida Department of Revenue for a sales tax certificate and with the Manatee County Tax Collector's office for a tourist tax account. Keep detailed records of your rental income and taxes collected to simplify filing and remittance.
4. Prepare your property: Ensure your rental property is clean, well-maintained, and equipped with all necessary amenities. Consider hiring a professional cleaning service between guests and investing in high-quality furnishings and linens. Create a detailed inventory of your property's contents for insurance and tracking purposes.
5. Create a compelling listing:Craft an attractive and informative listing on popular vacation rental platforms like Airbnb and VRBO. Use high-quality photos, write a detailed description highlighting your property's unique features, and set competitive rates based on the local market. Emphasize your property's location, amenities, and proximity to popular attractions to stand out from the competition.
6. Establish house rules and rental agreements: Develop clear house rules outlining expectations for guests regarding noise, occupancy, parking, pets, and more. Use a standard rental agreement template and customize it to fit your specific property and policies. Consult with a local attorney specializing in real estate to ensure your rental agreement is legally sound and compliant with state and local laws.
7. Implement a management strategy: Decide whether you'll manage the property yourself or hire a professional property management company. Consider factors like your availability, distance from the property, and comfort level with handling guest inquiries and maintenance issues. If self-managing, use vacation rental software to automate tasks like booking, communication, and cleaning scheduling.
8. Promote your listing: In addition to listing on major vacation rental platforms, promote your property through social media, local tourism websites, and targeted online advertising. Encourage satisfied guests to leave reviews to build your reputation and attract future bookings. Offer special promotions or discounts during slower periods to maintain steady occupancy throughout the year.

By following these steps and staying informed about local regulations, you can successfully launch and operate a short-term rental business in Manatee County. Remember to prioritize guest satisfaction, maintain open communication, and adapt to changes in the market to ensure long-term success.

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

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

• Manatee County Planning and Zoning Division: Contact the Reviewer on Call team at (941) 748-4501 ext. 6894 or email them at [email protected] for questions regarding zoning, land use, and development in unincorporated areas of the county.
• City of Anna Maria: For inquiries about the city's short-term rental registration, occupancy limits, and inspection requirements, contact City Hall at (941) 708-6130.
• City of Bradenton Beach: Contact the Building Department at (941) 778-1005 ext. 210 for information on the city's short-term rental permit process and regulations.
• City of Bradenton: For questions about the city's detailed vacation rental registration requirements implemented in February 2022, contact the Planning and Community Development Department at (941) 932-9400.
• Holmes Beach: Contact City Hall at (941) 708-5800 for inquiries about the city's vacation rental certificate and zoning requirements.

In addition to these official contacts, short-term rental hosts in Manatee County may find the following online communities and resources helpful:

• Manatee County STR Owners & Operators Facebook Group: This private group is a forum for vacation rental owners and managers to share information, ask questions, and discuss local regulations. Request to join at https://www.facebook.com/groups/manateecountystr/
• Manatee County Vacation Rental Alliance: This organization advocates for fair and effective short-term rental policies in the county. Learn more and join at https://mcvra.org/
• Florida Vacation Rental Management Association (FVRMA): While not specific to Manatee County, the FVRMA provides educational resources, networking opportunities, and advocacy for vacation rental professionals across the state. Visit their website at https://fvrma.org/

By contacting the appropriate local government departments and connecting with other short-term rental operators through these communities, hosts can stay informed about the evolving regulatory landscape and get support in navigating the rules across Manatee County.

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

While Manatee County itself does not currently have specific short-term rental regulations, hosts in the area have shared their experiences and thoughts on local rules in various online forums:

In a BiggerPockets discussion about investing in vacation homes in Florida, one user born and raised in Bradenton noted that while Anna Maria Island would be an ideal location, investors need to be "careful about doing VRBO's in these areas though, every municipality has recently been adding new regulations on minimum rental requirements."

Another BiggerPockets member clarified that the Florida state legislature had recently renewed laws preventing municipalities from imposing new regulations on short-term rentals. They stated, "the only laws applicable are for those grandfathered. So I'm not understanding your comment regarding regulation. Are you referring to HOA's?" This suggests some confusion among investors about the patchwork of state and local rules.

On the Bradenton subreddit, a vacationer shared their experience renting an Airbnb in the area. While the post focused on restaurant recommendations, it highlighted the popularity of short-term rentals on Anna Maria Island and the potential for a great guest experience in the area.

In the Sarasota subreddit, a discussion about rentals being converted to Airbnbs revealed frustrations among long-term renters. One commenter noted, "Even worse, nobody has mentioned that short term rentals are regulated in Sarasota and many airbnb rentals are illegal in the first place. In the city rentals have a minimum duration of one week and in the county a minimum duration of one month." While this pertains to neighboring Sarasota County, it underscores the varying regulations in the region.

An Airbnb subreddit post from several years ago involved a guest whose Sarasota host was illegally renting their apartment. Commenters offered advice but also noted the prevalence of short-term rentals operating in violation of local rules, with one stating "It is illegal in most of Sarasota, Charlotte and Manatee counties to rent your house for a week or two at time."

These discussions highlight the complex and evolving landscape of short-term rental regulations in Manatee County and surrounding areas. While the county itself lacks STR-specific rules, hosts must navigate a patchwork of municipal ordinances and state laws. The experiences shared by hosts and guests underscore the importance of thorough due diligence to ensure compliance with all applicable regulations.

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.