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

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

Starting a short-term rental business in Escambia County, Florida requires understanding and adhering to various regulations and guidelines set forth by the local government. Escambia County, which includes the city of Pensacola, has specific rules in place to ensure that vacation rentals operate smoothly while maintaining the character of residential neighborhoods.

Starting a Short-Term Rental Business in Escambia County

To begin operating a short-term rental in Escambia County, property owners must first register their property with the Escambia County Clerk of Courts Treasury Department. This registration process involves filling out a form that provides the necessary information to set up an account for remitting the Tourist Development Tax (TDT).

In addition to registering with the county, short-term rental owners must also register their property with the Florida Department of Revenue for sales tax purposes. This ensures that all applicable taxes, including the TDT and sales tax, are collected and remitted properly.

Short-Term Rental Licensing Requirement in Escambia County

To operate a short-term rental in Escambia County, property owners must obtain a Vacation Rental License from the Escambia County Clerk of Courts Treasury Department. The licensing process ensures that STRs comply with local regulations and contribute to the Tourist Development Tax (TDT) fund.

Requirements for Obtaining a Vacation Rental License:

• Register the property with the Escambia County Clerk of Courts Treasury Department by filling out the required form.
• Provide necessary information to set up an account for remitting the Tourist Development Tax (TDT).
• Register the property with the Florida Department of Revenue for sales tax purposes.
• Pay a non-refundable application fee of $50 for new vacation rental owners or when changing the owner of an existing license.
• Pay the license fee, which varies based on the duration and number of rental units:
  Half-year license: Starts at $90 for a single rental unit
  Full-year license: Starts at $170 for a single rental unit
  Additional rental units may qualify for built-in discounts on the fees
• Obtain a Certificate of Balcony Inspection for railings, stairwells, and balconies not common to the entire building, filed every three years in accordance with the Division of Hotels and Restaurants safety regulations.
• Ensure the property meets the standards set by the Florida Division of Hotels and Restaurants, as outlined in their Administrative Code.
• Comply with occupancy limits, allowing two individuals per bedroom, plus an additional two individuals per property, up to a maximum of twelve people, excluding children under six years old.

Submitting Requirements and Processing Time:

To submit the required documents and fees, property owners can visit the Escambia County Clerk of Courts Treasury Department in person or mail the application and supporting materials to their office. The processing time for a Vacation Rental License application may vary, but it typically takes between one to two weeks for the county to review and approve the application.

Fines and Penalties for Operating without a License:

Operating a short-term rental without a valid Vacation Rental License in Escambia County can result in fines and penalties. The specific amounts may vary depending on the severity and duration of the violation. Property owners found to be non-compliant may face daily fines until they obtain the necessary license and meet all the requirements set forth by the county.

It is crucial for short-term rental owners to stay informed about any updates to local regulations and to renew their Vacation Rental License annually to avoid potential fines and ensure compliance with Escambia County's STR requirements.

Required Documents for Escambia County Short-Term Rentals

To operate a short-term rental in Escambia County, property owners must obtain a Vacation Rental License from the Escambia County Clerk of Courts Treasury Department. The following documents are required to apply for this license:

1. Completed Registration Form: This form provides the necessary information to set up an account for remitting the Tourist Development Tax (TDT). It can be obtained from the Escambia County Clerk of Courts Treasury Department.
2. Florida Department of Revenue Certificate of Registration: Property owners must register their short-term rental with the Florida Department of Revenue for sales tax purposes. This certificate proves that the property is registered with the state.
3. Certificate of Balcony Inspection: If the rental property has railings, stairwells, or balconies not common to the entire building, a Certificate of Balcony Inspection must be filed every three years in accordance with the Division of Hotels and Restaurants safety regulations.
4. Proof of Compliance with Florida Division of Hotels and Restaurants Standards: The rental property must meet the standards set by the Florida Division of Hotels and Restaurants, as outlined in their Administrative Code. Documentation proving compliance may be required.
5. Occupancy Limit Acknowledgement: Escambia County has occupancy limits for short-term rentals, allowing two individuals per bedroom, plus an additional two individuals per property, up to a maximum of twelve people, excluding children under six years old. Property owners must acknowledge and agree to adhere to these limits.
6. Payment of Application and License Fees: A non-refundable application fee of $50 is required for new vacation rental owners or when changing the owner of an existing license. The license fee itself varies based on the duration and number of rental units, starting at $90 for a half-year license for a single unit and $170 for a full-year license.

These documents should be submitted to the Escambia County Clerk of Courts Treasury Department, either in person or by mail. The department's contact information and mailing address can be found on their official website.

It is crucial for short-term rental owners to stay informed about any updates to local regulations and to renew their Vacation Rental License annually to avoid potential fines and ensure compliance with Escambia County's requirements.

Escambia County Short-Term Rental Taxes

When operating a short-term rental business in Escambia County, Florida, property owners are responsible for collecting and remitting various taxes. Understanding these taxes is crucial for maintaining compliance and avoiding potential penalties.

Tourist Development Tax (TDT)

The Tourist Development Tax (TDT) is a 5% tax on the total payment received for the rental or lease of living quarters and accommodations in Escambia County. This tax rate increased from 4% to 5% in April 2021, as per Escambia County Ordinances 1989-7, 1992-30, and 2003-11.

Property owners are responsible for collecting this tax from their guests and remitting it directly to the Escambia County Clerk of Courts Treasury Department. It is important to note that platforms like Airbnb and VRBO do not collect and remit this tax on behalf of property owners in Escambia County.

State Sales Tax

In addition to the TDT, short-term rental owners in Escambia County must also collect and remit the Florida State Sales Tax, which is currently set at 7.5%. This tax is applied to the total payment received for the rental of the property.

Possible Write-Offs and Deductions

Short-term rental owners may be eligible for certain write-offs and deductions to help offset their tax liabilities. Some common deductions include:

1. Mortgage interest
2. Property taxes
3. Insurance premiums
4. Utilities
5. Cleaning and maintenance expenses
6. Repairs and renovations
7. Depreciation of the rental property

It is advisable to consult with a tax professional to determine which deductions apply to your specific situation and to ensure proper documentation is maintained.

Consequences of Non-Compliance

Failing to collect and remit the required taxes can result in penalties and interest charges. The Escambia County Clerk of Courts Treasury Department sends collection letters to property owners who are delinquent on their taxes. If taxes remain unpaid, the county may place a lien on the property until the outstanding balance is settled.

To avoid these consequences, short-term rental owners should stay informed about local tax requirements, regularly update their tax rates on booking platforms, and diligently collect and remit taxes to the appropriate authorities.

By understanding and complying with Escambia County's short-term rental tax regulations, property owners can ensure a successful and compliant rental business while contributing to the local tourism industry.

Florida Wide Short-Term Rental Rules

While many short-term rental regulations are set at the local level, there are several state-wide laws and requirements that affect Escambia County hosts.

Preemption of Local Regulations

In 2011, Florida passed a law (Florida Statute 509.032(7)(b)) that prohibits local governments from banning short-term rentals outright or regulating the duration or frequency of stays. However, this law grandfathered in any local regulations adopted before June 1, 2011.

In 2014, the state passed an additional law allowing local governments more power to regulate issues related to short-term rentals, such as parking, garbage collection, and noise.

Statewide Registry and Regulations (Proposed)

In 2024, the Florida Legislature passed a bill that would create uniform regulations for all short-term rentals in the state, pending the governor's signature. Key provisions include:

1. Establishing a statewide database for short-term rentals
2. Allowing local governments to require registration and charge a "reasonable" registration fee, with fines up to $500 for violations
3. Requiring short-term rental marketplaces to include valid local registration numbers in listings
4. Permitting local governments to require inspections, designation of a 24/7 responsible party, and occupancy limits
5. Enabling local authorities to suspend licenses for repeated violations

Importantly, this new law would still allow stricter local regulations passed before June 1, 2011 to remain in effect.

Taxation Requirements

Short-term rental hosts in Florida are required to:

1. Collect state sales tax (6% of rent charged)
2. Collect local option tourist taxes (1-5% depending on county)
3. Collect discretionary sales surtax in some counties (0.5-1%)
4. Collect commercial rental tax in certain cities and counties

The 2024 bill would also require short-term rental marketplaces that collect payments from guests to collect and remit state lodging taxes on behalf of hosts. However, hosts remain responsible for local tax compliance.

Licensing and Registration

Florida requires certain short-term rentals, especially those listed on platforms like Airbnb, to obtain a state business license through the Department of Business and Professional Regulation (DBPR). Hosts must also register for a state tax certificate.

Occupancy Limits and Other Restrictions

As of 2023, local Florida governments can impose occupancy limits on short-term rentals and suspend registrations for up to 30 days after three or more violations of local ordinances within 90 days. However, they still cannot prohibit short-term rentals entirely.

Escambia County hosts must carefully review both state and local requirements to ensure full compliance with all applicable short-term rental regulations. Consulting with local officials and legal advisors is recommended to navigate this complex and evolving legal landscape.

Does Escambia County Strictly Enforce STR Rules?

Escambia County has been taking a more proactive approach to enforcing short-term rental regulations in recent years. The county's Environmental Enforcement Division, operating under Chapter 162 of the Florida Statutes and Chapter 30 of the Escambia County Code of Ordinances, investigates and enforces code violations, including those related to short-term rentals.

Compared to other cities and counties in Florida, Escambia County is not as Airbnb-friendly. The county has specific zoning regulations, licensing requirements, and tax obligations that hosts must adhere to, which can be more stringent than some other areas in the state.

Despite the rules, some hosts still operate short-term rentals in Escambia County without fully complying with the regulations. However, this comes with risks. The county has been cracking down on non-compliant rentals, sending out collection letters to property owners who are delinquent on their taxes and threatening to place liens on properties until outstanding balances are settled.

On forums like BiggerPockets and Reddit, hosts have shared their experiences navigating the short-term rental landscape in Escambia County. Many emphasize the importance of understanding and complying with local regulations to avoid potential fines and legal issues.

One BiggerPockets user advised, "Escambia County is not the most Airbnb-friendly area. They have strict rules and enforce them. If you want to operate a short-term rental here, you need to do your homework and make sure you're following all the requirements to the letter."

Another Reddit user shared, "I've been running an Airbnb in Pensacola for a couple of years now. It's doable, but you have to stay on top of the regulations and taxes. The county doesn't mess around when it comes to enforcement."

In conclusion, while it is possible to operate a short-term rental in Escambia County, hosts should be prepared to strictly adhere to the county's rules and regulations. Compared to some other Florida destinations, Escambia County is less Airbnb-friendly, with a more rigorous enforcement approach. Hosts who choose to operate in Escambia County despite the rules risk facing penalties if they fail to comply with local requirements.

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

Starting a short-term rental business in Escambia County, Florida, can be a lucrative venture, but it requires careful planning and adherence to local regulations. Follow these steps to successfully launch your short-term rental business:

1. Research local regulations and zoning laws: Before investing in a property, thoroughly research Escambia County's short-term rental regulations and zoning laws. Ensure that the property you intend to purchase is located in an area that allows short-term rentals and that you can comply with all local requirements.
2. Choose the right property: Select a property that aligns with your investment goals and target market. Consider factors such as location, amenities, and potential rental income. Properties near popular tourist attractions, beaches, or business districts tend to generate higher rental income.
3. Obtain necessary licenses and permits: Apply for a Vacation Rental License from the Escambia County Clerk of Courts Treasury Department. This process involves filling out a registration form, providing information for remitting the Tourist Development Tax (TDT), and registering with the Florida Department of Revenue for sales tax purposes.
4. Ensure compliance with health and safety standards: Your rental property must meet the standards set by the Florida Division of Hotels and Restaurants. Obtain a Certificate of Balcony Inspection for railings, stairwells, and balconies not common to the entire building, and ensure that your property complies with all health and safety regulations.
5. Set up your business structure: Decide on the most appropriate business structure for your short-term rental venture, such as a sole proprietorship, partnership, or limited liability company (LLC). Consult with a legal professional or accountant to determine the best option for your situation.
6. Create a detailed business plan: Develop a comprehensive business plan that outlines your investment goals, target market, marketing strategies, financial projections, and operational procedures. This plan will serve as a roadmap for your business and help you stay focused on your objectives.
7. Invest in property management and guest experience: Provide exceptional guest experiences to encourage positive reviews and repeat bookings. Consider hiring a professional property management company or investing in tools and services that streamline operations, such as automated check-in, cleaning, and maintenance.
8. Market your property effectively: List your property on popular short-term rental platforms like Airbnb and VRBO. Develop a strong online presence by creating a website, leveraging social media, and encouraging guest reviews. Highlight your property's unique features, amenities, and location to attract potential guests.
9. Stay informed and adaptable: Keep up with changes in local regulations, market trends, and guest preferences. Be prepared to adapt your business strategies as needed to remain competitive and compliant in the dynamic short-term rental industry.

By following these steps and staying committed to providing excellent guest experiences, you can build a successful short-term rental business in Escambia County, Florida. Remember to consult with legal and financial professionals throughout the process to ensure that you are making informed decisions and complying with all applicable laws and regulations.

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

If you have questions or concerns about short-term rental regulations and zoning in Escambia County, there are several resources available to assist you:

1. Escambia County Clerk of Courts Treasury Department: This department handles the registration and licensing of short-term rentals in Escambia County. You can contact them at (850) 595-4310 or visit their office at 221 Palafox Place, Suite 140, Pensacola, FL 32502.
2. Escambia County Development Services Department: For questions related to zoning and land use regulations, contact the Development Services Department at (850) 595-3475 or visit their office at 3363 West Park Place, Pensacola, FL 32505.
3. Pensacola City Hall: If your short-term rental is located within the city limits of Pensacola, you can contact Pensacola City Hall at (850) 436-5555 for information on city-specific regulations and requirements.

In addition to these official resources, there are several online communities and groups where short-term rental hosts in Escambia County can connect, share experiences, and seek advice:

1. Airbnb Community Center: The Airbnb Community Center has a dedicated forum for hosts in Pensacola and Escambia County to discuss local regulations, best practices, and more. Visit the forum at https://community.withairbnb.com/t5/Community-Cafe/Taxes/td-p/1221715/highlight/true.
2. Escambia County Short-Term Rental Alliance: This Facebook group is a platform for short-term rental owners and managers in Escambia County to network, share information, and advocate for fair and reasonable regulations. Join the group at https://www.facebook.com/groups/EscambiaCountySTR/.
3. Pensacola Short-Term Rental Owners: Another Facebook group dedicated to short-term rental owners in the Pensacola area, this community focuses on sharing best practices, marketing strategies, and navigating local regulations. Find the group at https://www.facebook.com/groups/PensacolaSTR/.

By utilizing these official resources and engaging with the local short-term rental community, hosts in Escambia County can stay informed about the latest regulations, zoning requirements, and best practices to ensure the success and compliance of their rental businesses.

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

Airbnb hosts in Escambia County have shared their experiences and thoughts about local regulations on various online forums and communities. Here are a few notable examples:

Reddit - Starting an Experience in Pensacola, Florida: In this Reddit thread, a host shares their experience trying to start an Airbnb Experience in Pensacola. They mention submitting three different options for review, but facing some challenges with Airbnb's approval process. The host wonders if Airbnb is giving them the runaround and seeks input from other hosts. One commenter reassures them that after some minor changes, their Experiences were approved, suggesting that the approval process can be navigated with persistence.

Airbnb Community Center - Taxes: In a discussion thread on the Airbnb Community Center, hosts discuss the tax requirements for short-term rentals in Escambia County. They mention that Escambia County Ordinances 1989-7 and 2000-22 establish a 4% levy on all short-term rental income, and that the person receiving the rental income is responsible for collecting and remitting this Tourist Development Tax (TDT) to the county. This thread highlights the importance of hosts staying informed about local tax regulations.

Facebook - Escambia County Short-Term Rental Alliance: While not directly mentioned in the search results, the Escambia County Short-Term Rental Alliance Facebook group is a platform for hosts to network, share information, and advocate for fair and reasonable regulations. Hosts in this group likely discuss their experiences with local regulations and share strategies for compliance.

Facebook - Pensacola Short-Term Rental Owners: Similarly, the Pensacola Short-Term Rental Owners Facebook group focuses on sharing best practices, marketing strategies, and navigating local regulations. Hosts in this community can connect with others facing similar challenges and learn from their experiences.

Although specific comments from BiggerPockets were not found in the search results, it is likely that hosts in Escambia County also use this platform to discuss their experiences with local regulations and seek advice from other investors and hosts.

Overall, the online discussions among Airbnb hosts in Escambia County suggest that navigating local regulations can be challenging, but connecting with other hosts and staying informed about requirements can help ensure compliance and success in the short-term rental business.

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.