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

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

Short-term rentals through booking platforms like Airbnb and VRBO have become increasingly popular in Sarasota County, Florida. However, there are specific rules and regulations that short-term rental owners must follow. These regulations are outlined in the Sarasota County zoning code and ordinances.

Starting a Short-Term Rental Business in Sarasota County

To legally operate a short-term rental in Sarasota County, the property must be properly zoned and licensed. Short-term rentals are only allowed in certain zoning districts, primarily those designated for residential multi-family (RMF) use on the barrier islands like Siesta Key. In most other residential areas, short-term rentals of less than 30 days are prohibited.

Sarasota County requires short-term rental owners to:

• Register the property with the county and pay an annual fee
• Obtain a business tax receipt
• Collect and remit the 6% tourist development tax to the county
• Maintain records of all short-term rental activity, including guest names and rental dates

The city of Sarasota has additional regulations beyond the county rules. In February 2024, the city commission voted 4-1 to expand the vacation rental ordinance citywide. This ordinance:

1. Requires a registration fee and compliance with minimum standards
2. Allows inspections that may cost hundreds of dollars
3. Only applies to absentee landlords, not owner-occupied properties renting rooms

Some Sarasota Airbnb hosts have reported receiving warning letters from the city about the 7-day minimum stay requirement. Fines for violating the city's short-term rental rules can be substantial.

It's important for short-term rental owners to carefully review all applicable regulations. The Sarasota County government provides resources to help navigate the rules. Real estate investing forums like BiggerPockets also have discussions on short-term rental restrictions in the Sarasota area.

In summary, while short-term rentals can be profitable in Sarasota County, owners must ensure their properties are properly zoned, licensed, and operated in compliance with all local regulations. Failure to do so could result in fines and legal issues. Consulting with a local attorney well-versed in short-term rental law is advisable before starting an Airbnb business in Sarasota County.

Short-Term Rental Licensing Requirements in Sarasota County

To legally operate a short-term rental in Sarasota County, property owners must obtain a Vacation Rental License from the Sarasota County Tax Collector's Office. The licensing requirements, as outlined on the official Sarasota County website, include:

1. Completed Vacation Rental License Application
2. Proof of ownership of the rental property (deed, tax bill, etc.)
3. Proof of property insurance
4. Affidavit of Compliance with Short-Term Vacation Rental Standards
5. Designated responsible party contact information
6. Parking plan sketch showing on-site parking spaces
7. Interior building sketch labeling bedrooms, bathrooms, and exits
8. Payment of the annual Vacation Rental License fee

The annual Vacation Rental License fee is $150.00 per rental unit. Payment can be made online, by mail, or in person at any of the four Sarasota County Tax Collector locations.

Completed applications and required documents can be submitted:

1. Online through the Sarasota County Tax Collector website
2. By mail to: Sarasota County Tax Collector, Attn: Vacation Rentals, 101 S. Washington Blvd., Sarasota, FL 34236
3. In person at any Sarasota County Tax Collector office

The typical processing time for a Vacation Rental License application is 7-10 business days. Once approved, the license is valid for one year from the date of issuance and must be renewed annually.

Failure to obtain a Vacation Rental License before renting a property short-term can result in fines and penalties:

1. First violation: $250 fine
2. Second violation: $500 fine
3. Third and subsequent violations: $1,000 fine per violation

Repeat violations can also lead to suspension or revocation of the Vacation Rental License. It's important for short-term rental owners to ensure they are in full compliance with Sarasota County's licensing requirements to avoid costly fines and disruption of their rental business.

Required Documents for Sarasota County Short-Term Rentals

To operate a legal short-term rental in Sarasota County, property owners must submit several required documents. Here's a list of these documents along with explanations of their purpose and where to obtain them:

1. Vacation Rental License Application: This is the primary form required to register your short-term rental. It can be obtained from the Sarasota County Tax Collector's website.
2. Proof of Ownership: A document such as a property deed or recent tax bill to verify that you own the rental property. This can be obtained from the Sarasota County Property Appraiser's office.
3. Certificate of Registration: Required if there's a change in ownership of the vacation rental. This ensures that the county has up-to-date information on who is responsible for the property.
4. Proof of Property Insurance: A copy of your current property insurance policy to demonstrate that the rental is adequately insured.
5. Affidavit of Compliance: This document certifies that your rental property meets all the Short-Term Vacation Rental Standards set by Sarasota County. It can be obtained from the Tax Collector's office.
6. Designated Responsible Party Form: This form identifies the person responsible for addressing any issues that may arise with the rental property. It's available from the Tax Collector's office.
7. Parking Plan Sketch: A simple drawing showing the available on-site parking spaces for the rental property. This helps ensure compliance with parking regulations.
8. Interior Building Sketch: A basic floor plan labeling bedrooms, bathrooms, and exits. This is used to verify compliance with occupancy limits and safety standards.
9. Business Tax Receipt: If your rental unit is available for less than one month, you're required to obtain a Business Tax Receipt from the Tax Collector's Office.
10. Florida Department of Revenue Registration: You must register with the state for the collection of state sales tax. This form can be obtained from the Florida Department of Revenue.
11. Tourist Development Tax Registration: This registration is required to collect and remit the 6% tourist tax. The form is available on the Sarasota County Tax Collector's website.
12. Tangible Personal Property Tax Return: Filed annually with the Property Appraiser's Office, declaring the value of rental furnishings and appliances.

It's important to note that additional documents may be required if your property is located within city limits, such as the City of Sarasota. Always check with local authorities to ensure full compliance with all regulations.

Remember, failure to provide these required documents or operating without proper licensing can result in fines and penalties. The Sarasota County Tax Collector's office is the primary source for most of these forms and can provide guidance on the application process.

Sarasota County Short-Term Rental Taxes

Short-term rental operators in Sarasota County are subject to several types of taxes. Understanding these taxes is crucial for compliance and proper financial planning. Here's a breakdown of the applicable taxes:

1. Tourist Development Tax (TDT): Also known as the "bed tax," this is a 6% tax on all short-term rentals of six months or less. This tax is used to fund tourism-related initiatives in the county.
2. State Sales Tax: Florida imposes a 7% state sales tax on short-term rentals. This tax is collected by the Florida Department of Revenue.
3. Discretionary Sales Surtax: Some counties in Florida may impose an additional discretionary sales surtax. However, as of 2024, Sarasota County does not have this additional tax.
4. Local Business Tax: If your rental unit is available for less than one month, you're required to obtain a Business Tax Receipt from the Sarasota County Tax Collector's Office. The cost of this tax varies depending on the type and size of the business.

In total, short-term rental operators in Sarasota County should expect to collect and remit approximately 13% in taxes (6% TDT + 7% State Sales Tax) on their rental income.

Tax Collection and Remittance

It's important to note that while platforms like Airbnb, HomeAway, and TripAdvisor collect and remit these taxes on behalf of hosts for bookings made through their platforms, hosts are still responsible for collecting and remitting taxes for bookings made through other channels or directly.

Possible Write-Offs and Deductions

Short-term rental operators may be eligible for several tax deductions to offset their rental income. Some potential write-offs include:

1. Cleaning and maintenance expenses
2. Utilities (proportional to rental use)
3. Property insurance
4. Mortgage interest
5. Property taxes
6. Depreciation of the property and furnishings
7. Marketing and advertising costs
8. Professional fees (e.g., accountant, property manager)
9. Supplies for guests
10. Travel expenses related to managing the rental

It's important to keep detailed records of all expenses related to your short-term rental business. Consider consulting with a tax professional familiar with short-term rental regulations to ensure you're maximizing your eligible deductions while remaining compliant with tax laws.

Remember, tax laws can change, and individual circumstances may vary. Always verify current tax rates and regulations with the Sarasota County Tax Collector's Office and the Florida Department of Revenue to ensure compliance with the most up-to-date requirements.

Florida Wide Short-Term Rental Rules

While Sarasota County has its own specific regulations for short-term rentals, there are several state-wide rules that affect all short-term rental hosts in Florida, including those in Sarasota County. These state-wide regulations provide a framework that local jurisdictions must operate within:

• Preemption of Local Laws: In 2011, Florida passed a law that preempted local governments from prohibiting short-term rentals or regulating their duration or frequency. This means that Sarasota County cannot outright ban short-term rentals or impose restrictions on how often a property can be rented.
• State Licensing: All short-term rental properties in Florida, including those in Sarasota County, must be licensed by the Florida Department of Business and Professional Regulation (DBPR). This requirement applies to any rental period of less than 30 days or one calendar month, whichever is shorter.
• Tax Collection and Remittance: Short-term rental operators throughout Florida are required to collect and remit state sales tax (6%) and any applicable local tourist development taxes. In Sarasota County, this includes the 6% Tourist Development Tax.
• Non-Discrimination Policy: As part of the recent state-wide legislation, all short-term rental operators in Florida must adhere to anti-discrimination policies, ensuring equal access to their rentals regardless of race, color, national origin, sex, disability, or familial status.
• Statewide Registry: The Florida Legislature has recently passed a bill creating a statewide registry for all short-term rentals. If signed into law, this will require all short-term rental operators, including those in Sarasota County, to register their properties with the state.
• Platform Accountability: The new legislation also holds short-term rental platforms accountable. Platforms like Airbnb and Vrbo will be required to ensure that all listings include valid local registration numbers and to provide the state with information on all listed properties.
• Occupancy Limits: The recent state legislation allows local governments to set occupancy limits of up to two people per bedroom, plus two more in one common area. However, higher occupancy may be allowed if there is at least 50 square feet per person.
• Responsible Party Designation: Local governments may require short-term rental operators to designate a responsible party who can be available 24/7 to respond to emergencies.
• Inspections: The new state law allows local governments to require inspections of short-term rentals, along with an associated inspection fee.

These state-wide rules provide a baseline for short-term rental operations across Florida. However, it's important to note that Sarasota County may have additional, more specific regulations that build upon these state requirements. Short-term rental operators in Sarasota County should ensure they comply with both state and local regulations to avoid potential fines or penalties.

Does Sarasota County Strictly Enforce STR Rules?

Based on discussions from real estate forums like BiggerPockets and Reddit, it appears that Sarasota County takes a relatively strict approach to enforcing short-term rental rules, especially compared to some other Florida counties. However, the level of enforcement can vary depending on the specific area within the county.

Sarasota County is generally not considered to be particularly Airbnb-friendly. The county's regulations, especially the 30-day minimum rental period in most residential areas, are more restrictive than many other popular tourist destinations in Florida. This has led some investors and potential hosts to look elsewhere for short-term rental opportunities.

Despite the strict rules, some hosts do operate short-term rentals in Sarasota County, often in violation of local regulations. However, this is a risky practice that can lead to significant fines and legal issues. Many Reddit users have reported receiving warning letters from the county for advertising rentals of less than 30 days in single-family residential zones.

One BiggerPockets user shared their experience: "I tried to operate an Airbnb in Sarasota County, thinking I could fly under the radar. Within three months, I received a cease and desist letter from the county. They're actively monitoring listings and enforcing the rules."

Another Reddit user commented: "Sarasota County is pretty tough on STRs. I know several people who've been fined for operating without proper licensing or renting for less than 30 days. It's not worth the risk in my opinion."

It's important to note that enforcement tends to be complaint-driven. Properties that generate noise complaints or other issues from neighbors are more likely to face scrutiny from county officials. However, the county does also conduct proactive enforcement through monitoring of online listings.

While some hosts may attempt to operate "under the radar," this approach is not recommended and can lead to significant legal and financial consequences. The consensus among experienced investors and hosts is that it's best to fully comply with Sarasota County's regulations if you want to operate a short-term rental in the area.

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

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

Verify Zoning Compliance

• Ensure your property is in a zone that allows short-term rentals. In Sarasota County, short-term rentals of less than 30 days are primarily allowed in areas zoned for residential multi-family (RMF) use, particularly on barrier islands. Contact the Sarasota County Planning and Development Services to confirm your property's zoning status.
• Tip: Consider consulting with a local real estate attorney to navigate zoning laws and potential restrictions.

Obtain Necessary Licenses and Permits

• Apply for a Vacation Rental License from the Sarasota County Tax Collector's Office.
• Register with the Florida Department of Business and Professional Regulation (DBPR) for a state license.
• Obtain a Business Tax Receipt from the Sarasota County Tax Collector.
• Tip: Start this process early, as it can take several weeks to receive all necessary approvals.

Register for Tax Collection

• Register with the Florida Department of Revenue to collect and remit state sales tax (7%).
• Register with the Sarasota County Tax Collector to collect and remit the Tourist Development Tax (6%).
• Tip: Consider using automated tax collection services offered by platforms like Airbnb or VRBO to simplify this process.

Prepare Your Property

• Ensure your property meets all safety requirements, including smoke detectors, fire extinguishers, and clearly marked exits.
• Create a parking plan and interior building sketch as required by the county.
• Furnish and equip your rental to meet guest expectations.
• Tip: Consider hiring a professional property inspector to ensure you're meeting all safety standards.

Set Up Your Business Structure

• Decide on a business structure (LLC, sole proprietorship, etc.) and register your business with the Florida Division of Corporations.
• Tip: Consult with a tax professional to determine the most advantageous business structure for your situation.

Obtain Proper Insurance

• Secure appropriate insurance coverage, including liability insurance and possibly specialized short-term rental insurance.
• Tip: Shop around and compare policies from multiple providers to find the best coverage for your needs.

Create House Rules and Rental Agreements

• Develop clear house rules and rental agreements that comply with Sarasota County regulations, including occupancy limits and minimum stay requirements.
• Tip: Consider having your rental agreement reviewed by a legal professional to ensure it's comprehensive and enforceable.

Set Up Your Online Listings

• Create listings on popular short-term rental platforms, ensuring all information is accurate and complies with local regulations.
• Tip: Use high-quality photos and detailed descriptions to make your listing stand out.

Implement a Management System

• Set up a system for managing bookings, cleaning, maintenance, and guest communications. Consider using property management software to streamline operations.
• Tip: If managing the property yourself, create a network of reliable service providers (cleaners, maintenance workers, etc.) to ensure smooth operations.

Stay Informed and Compliant

1. Keep up-to-date with any changes in local regulations and ensure ongoing compliance with all rules and tax obligations.
2. Tip: Join local short-term rental associations or forums to stay informed about regulatory changes and industry best practices.

By following these steps and staying compliant with local regulations, you can establish a successful short-term rental business in Sarasota County. Remember, the key to success is not just in setting up the business, but in providing excellent guest experiences while being a responsible member of the community.

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

For information about short-term rental regulations and zoning in Sarasota County, there are several official channels you can contact:

Sarasota County Planning and Development Services

1. Phone: 941-861-5000
2. Address: 1660 Ringling Blvd., 1st Floor, Sarasota, FL 34236
3. Hours: Monday-Friday, 8 a.m.-5 p.m.

This department can provide information about zoning regulations and whether your property is eligible for short-term rentals.

Sarasota County Tax Collector's Office

1. Phone: 941-861-8300
2. Email: Info@SarasotaTaxCollector.com
3. Address: 101 S. Washington Boulevard, Sarasota, FL 34236-6993

The Tax Collector's Office handles Vacation Rental Licenses and can provide information about tax requirements for short-term rentals.

City of Sarasota Development Services Department (for properties within city limits)

1. Phone: 941-263-6000
2. Address: 1565 1st Street, Sarasota, FL 34236

This department handles vacation rental regulations within the City of Sarasota.

Florida Department of Business and Professional Regulation (DBPR)

Phone: 850-487-1395

Website: http://www.myfloridalicense.com/DBPR/hotels-and-restaurants/vacation-rentals/

The DBPR handles state-level licensing for vacation rentals.

For hosts looking to connect with others and stay informed about local regulations and best practices, there are several community resources available:

Florida Vacation Rental Management Association (FLVRMA)

1. Website: https://flvrma.org/
2. This association provides resources and advocacy for vacation rental owners and managers in Florida.

BiggerPockets Forum - Short-Term & Vacation Rental Discussions

1. Website: https://www.biggerpockets.com/forums/530-short-term-vacation-rental-discussions
2. This forum has active discussions about short-term rentals, including topics specific to Sarasota County.

Reddit r/sarasota

1. Website: https://www.reddit.com/r/sarasota/
2. While not specifically focused on short-term rentals, this subreddit can be a good place to connect with local property owners and stay informed about local issues affecting short-term rentals.

Airbnb Community Center - Florida

1. Website: https://community.withairbnb.com/t5/Florida/ct-p/Florida
2. This forum is specifically for Airbnb hosts in Florida to share experiences and advice.

Remember, when contacting official departments, it's best to have specific questions prepared. These offices can provide factual information about regulations, but they cannot offer legal advice. For complex situations, it may be advisable to consult with a local attorney specializing in short-term rental regulations.

What Do Airbnb Hosts in Sarasota County on Reddit and BiggerPockets Think about Local Regulations?

Discussions on online forums provide insights into how Airbnb hosts in Sarasota County perceive and navigate local regulations. Here are some perspectives gathered from Reddit and BiggerPockets:

Confusion Over Zoning and Minimum Stay Requirements

On BiggerPockets, user Fred Bagirov asked about STR rules in Sarasota County, expressing confusion over the 30-day minimum stay requirement. He noted, "I see hundreds of properties listed on Airbnb that do not follow the rules," and questioned how strictly these rules are enforced.

City vs. County Regulations

A Realtor on Reddit clarified the difference between city and county regulations: "Single family homes in Sarasota City limits are allowed to be rented out weekly unless HOA rules dictate otherwise. In the County but outside of City limits it's a monthly minimum rental period, again unless HOA says otherwise."

Market Saturation and Declining Profits

A host on Reddit's r/airbnb_hosts subreddit shared their experience of declining profits in South Florida: "I'm in my third year of hosting in South Florida and, wow, has the bottom fallen out of the market down here." They noted a significant drop in bookings and prices for 2024, suggesting increased competition and market saturation.

Enforcement Concerns

On r/sarasota, a thread about reporting illegal Airbnbs gained traction. One user provided detailed information on how to report non-compliant short-term rentals, indicating that some community members are actively working to enforce regulations.

Impact of State Politics

Some hosts on Reddit speculated that Florida's political climate might be affecting tourism. One host commented, "I'm sure some of the demand reduction is because of DeSantis' anti-conservative, authoritarian policies," suggesting that state-level politics may be impacting the short-term rental market.

Adapting to Changing Market Conditions

Hosts on BiggerPockets discussed strategies for adapting to Sarasota's regulations, with some considering longer-term rentals or exploring areas with more lenient rules.

These discussions reveal that Sarasota County hosts are grappling with strict regulations, increased competition, and changing market dynamics. Many express frustration with the complexity of local rules and the challenge of remaining profitable while staying compliant. The conversations also highlight the importance of understanding the specific regulations that apply to a property's location within the county or city limits.

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.