Short Term Vacation Rental Ordinance Updates & Info

I understood the moderator in the workshop last night to say that short-term rentals are "allowed" per Florida Statutes (?) HOAs cannot "prohibit" short-term renting. So how can some HOAs (like WaterSound Origins) "limit" short-term rentals? Anyone know more specifics on this?

The state statute prohibits local governments from prohibiting short term residential rentals in any zoning district. That law does not prohibit private covenants and restrictions from restricting the short term rental of units or homes within a project. That private “contract” between association and member is not affected by the statute that only applies to local government.

The above is correct. Some local subdivisions have even restricted rentals completely, not even long term rentals allowed.

Short-Term Rental Issues​

WALTON COUNTY SHORT TERM RENTAL IMPACT REVIEW​

The Walton County Board of County Commissioners is in the process of taking public input and collecting data to support its objective of reducing the negative impacts generated by the rapid increase in the practice of short-term rental of single-family residences within existing residential neighborhoods.

Part of the Board’s concern stems from ever increasing numbers of conversions of older existing homes to much larger residential structures designed to accommodate large numbers of short-term renters.
The Board has tasked the County Planning Department with generating draft proposals to regulate these structures and their landlord/owners to address public health, safety and welfare issues created within the neighborhoods around them.

The Department will also collect data on the impacts on public resources and infrastructure generated by these high intensity uses.
The staff has developed an initial draft ordinance which follows the format adopted by many of Florida’s coastal cities and Counties to create a registration/regulation system to address the most widely recognized impact areas. The Board has requested that staff take this draft out for a series of public workshops to take input from residents using the draft as a strawman for discussion.

INITIAL ORDINANCE WORKSHOP DRAFT​

STAFF REPORT - SHORT TERM VACATION RENTAL​

Staff is recommending the creation and implementation of a Short Term Rental Vacation
Certificate program. Such program would establish minimum requirements such as:
Obtaining a Florida Department of Revenue certificate of registration for purposes of
collecting and remitting tourist development taxes, sales surtaxes, and transient rental
taxes; Obtaining a Florida Department of Business and Professional Regulation license
as a transient public lodging establishment; and maintaining initial and ongoing
compliance with the Short-term Vacation Rental Standards to be placed in the Walton
County Land Development Code plus any other applicable local, state, and federal laws,
regulations, and standards to include, but not be limited to, Chapter 509, Florida
Statutes, and Rule Chapters 61C and 69A, Florida Administrative Code.

The Short Term Vacation Rental Certificate program could also establish occupancy
limits based on the ability of the structure and site to safely accommodate and park
occupants. Alternatively, a standard occupancy maximum could be imposed without
regard for the site/structure. Under the occupancy by site/structure approach,
occupancy limiting factors could be based on available parking at a revised rate of one
space per three occupants, on-site sewage treatment system limitations, and other life
safety factors associated with the structure. Potential requirements of the ordinance
could be:

• Minimum life safety requirements and Initial and routine life safety inspections;
• The designation of a local responsible party;
• Minimum rental / lease agreement inclusions and requirements;
• Required posting of minimum vacation rental unit information such as: the
maximum occupancy of the unit, the maximum number of vehicles which can be
parked at the unit, trash collection requirements, quiet hours, sea turtle
information, and beach safety system information among other requirements;
• Remedy and enforcement provisions; and
• Vesting provisions.

I don't like bureaucracy but it's been like the wild west in SoWal for many years. As I recall about 20 years ago the requirement of having a licensed broker in charge of rental companies was dropped and then anyone could manage multiple rentals. Now some of these companies who have benefited from that are now complaining about being regulated at all.

I don't like bureaucracy but it's been like the wild west in SoWal for many years. As I recall about 20 years ago the requirement of having a licensed broker in charge of rental companies was dropped and then anyone could manage multiple rentals. Now some of these companies who have benefited from that are now complaining about being regulated at all.

Most companies seem reasonable. 30A Escapes is not. They argued this would hurt their business model. Their business model is not compatible with South Walton.

The TDC is holding a Public Workshop on Short Term Rentals on January 28th at 1:30 PM at the South Walton Annex.

Short Term Rental Survey & Workshop

The Walton County Board of County Commissioners has announced that it is conducting a Public Survey about Short Term Rentals in Walton County. The input collected will be presented to the BCC for consideration of a proposed Short Term Rental Ordinance.
Please take the time to fill out.
Link is here:
https://www.surveymonkey.com/r/shorttermvacationrentalsurvey

The ordinance has received final approval after about a year and a half of work.

​

Notice to existing Short Term Vacation Rental Unit owners and operators:​

Walton County is in process of developing the necessary staffing and operational systems to implement the certificate requirement of the ordinance. This implementation is expected to take several months and beginning during the month of May (2023) existing short term vacation rentals will be notified on a rolling geographic basis that registration is required and available.​

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Walton County Short Term Vacation Rental Certificate Program and Neighborhood Compatibility Ordinance ​

Download Ordinance (Adopted January 24, 2023)​

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Walton County Livability and Tourism Coordinator Contact Info (Coming Soon)​

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Online Short Term Vacation Rental Certificate Application (Link Coming Soon)​

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Walton County Short Term Vacation Rental Guidebook (Coming Soon)​

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Short Term Vacation Rental Unit Posting Materials​

Beach Safety Toolkit from Visit South Walton​

Walton County Noise Ordinance​

By DOTTY NIST

An ordinance in the works for approximately 1 1/2 years received final approval at the Jan. 24 Walton County Board of County Commissioners (BCC) meeting at the South Walton Annex.

This was the Walton County Short Term Vacation Rental Ordinance.

The ordinance amends the Walton County Land Development Code to create a new regulatory program for short-term vacation rental units in the county’s unincorporated area.

Associated with the program are host registration requirements for short-term vacation rental units and compliance requirements, including requirements associated with life safety. The ordinance sets building and design standards for short-term vacation rental units with the aim of compatibility with surrounding neighborhoods. Included with the ordinance are on-site parking requirements applying both to short-term rental units and new permanent residences south of the bay, with the rate of one on-site parking spaces per 900 square feet of living area to apply. read more ...

Do you self manage your short term rental and live out of town? We will be using my sisters company for the "local responsible contact/agent needed for the new county certification requirement! Reach out to them for more information Home Watch Company | South Walton & South Bay Counties, FL.

I was perusing the Walton County website for the STVR certification process and looking at the FAQs. You learn something new everyday.
Under question #35 - Can I rent out my carriage house as a vacation rental and live in the main house?
Response: Walton County Code Appendix C, Chapter II, 2.02.00 (Zoning Districts Established) clearly states that Accessory Dwelling Units (ADU) shall not be available for short-term vacation rentals. You could live in your ADU (Carriage House) and rent out your main dwelling without going through the certification process. However, all Federal, State, and County registrations, licenses and life safety requirements must be met with respect to your main dwelling.


It is against Walton County code to rent out a carriage house as a short term vacation rental. Walton County's definition of short term vacation rental:
Short-term Vacation Rental: A public lodging establishment consisting of any unit, group of units, dwelling, building, or group of buildings within a single complex of buildings, which is rented to guests more than three times in a calendar year for periods of less than 30 days or one calendar month, whichever is less, or which is advertised or held out to the public as a place regularly rented to guests. The following are excluded from this definition:
1. Any dormitory or other living or sleeping facility maintained by a public or private school, college, or university for the use of students, faculty, or visitors.
2. Any hospital, nursing home, sanitarium, assisted living facility, or other similar place. 3. Any unit or group of units in a condominium, cooperative, or timeshare plan.
4. Group homes as defined in Chapter 419, F.S.

I was perusing the Walton County website for the STVR certification process and looking at the FAQs. You learn something new everyday.
Under question #35 - Can I rent out my carriage house as a vacation rental and live in the main house?
Response: Walton County Code Appendix C, Chapter II, 2.02.00 (Zoning Districts Established) clearly states that Accessory Dwelling Units (ADU) shall not be available for short-term vacation rentals. You could live in your ADU (Carriage House) and rent out your main dwelling without going through the certification process. However, all Federal, State, and County registrations, licenses and life safety requirements must be met with respect to your main dwelling.

Frequently Asked Questions - CivicPlus.CMS.FAQ

www.co.walton.fl.us

It is against Walton County code to rent out a carriage house as a short term vacation rental. Walton County's definition of short term vacation rental:
Short-term Vacation Rental: A public lodging establishment consisting of any unit, group of units, dwelling, building, or group of buildings within a single complex of buildings, which is rented to guests more than three times in a calendar year for periods of less than 30 days or one calendar month, whichever is less, or which is advertised or held out to the public as a place regularly rented to guests. The following are excluded from this definition:
1. Any dormitory or other living or sleeping facility maintained by a public or private school, college, or university for the use of students, faculty, or visitors.
2. Any hospital, nursing home, sanitarium, assisted living facility, or other similar place. 3. Any unit or group of units in a condominium, cooperative, or timeshare plan.
4. Group homes as defined in Chapter 419, F.S.

https://www.co.walton.fl.us/DocumentCenter/View/41273/January-24-2023-Draft?bidId=#:~:text=Article%209%20%2D%20Glossary-,Short%2Dterm%20Vacation%20Rental%3A%20A%20public%20lodging%20establishment%20consisting%20of,calendar%20month%2C%20whichever%20is%20less%2C

Interesting! I cant believe this got put in there -however when I read what a short term rental is for the definition, carriage house can be considered a unit?? Is it saying carriage house is considered ADU and will have other requirements and restrictions? Confusing

In Seaside there many homes with a secondary unit behind it. Some are carriage houses, but most are a 2 story 'tiny' house. I guess they would be ADUs? That impacts a lot of owners. We have stayed at a main house and the tiny house behind it. The owners are from TN. (We are staying there one more time. In September. Rates are so high that we can't justify it. Sad. Ellen

I was perusing the Walton County website for the STVR certification process and looking at the FAQs. You learn something new everyday.
Under question #35 - Can I rent out my carriage house as a vacation rental and live in the main house?
Response: Walton County Code Appendix C, Chapter II, 2.02.00 (Zoning Districts Established) clearly states that Accessory Dwelling Units (ADU) shall not be available for short-term vacation rentals. You could live in your ADU (Carriage House) and rent out your main dwelling without going through the certification process. However, all Federal, State, and County registrations, licenses and life safety requirements must be met with respect to your main dwelling.

Frequently Asked Questions - CivicPlus.CMS.FAQ

www.co.walton.fl.us

It is against Walton County code to rent out a carriage house as a short term vacation rental. Walton County's definition of short term vacation rental:
Short-term Vacation Rental: A public lodging establishment consisting of any unit, group of units, dwelling, building, or group of buildings within a single complex of buildings, which is rented to guests more than three times in a calendar year for periods of less than 30 days or one calendar month, whichever is less, or which is advertised or held out to the public as a place regularly rented to guests. The following are excluded from this definition:
1. Any dormitory or other living or sleeping facility maintained by a public or private school, college, or university for the use of students, faculty, or visitors.
2. Any hospital, nursing home, sanitarium, assisted living facility, or other similar place. 3. Any unit or group of units in a condominium, cooperative, or timeshare plan.
4. Group homes as defined in Chapter 419, F.S.

https://www.co.walton.fl.us/DocumentCenter/View/41273/January-24-2023-Draft?bidId=#:~:text=Article%209%20%2D%20Glossary-,Short%2Dterm%20Vacation%20Rental%3A%20A%20public%20lodging%20establishment%20consisting%20of,calendar%20month%2C%20whichever%20is%20less%2C

After being on a couple other sites, one person said the Planning dept plan to change wording in the code on this about carriage house

I understood it to mean that the carriage house can be rented as part of the house, but you can't rent the house and the ch as 2 separate rentals at the same time. In other words, the ch is included in the rental of the main house.