Agenda 03/26/2019 Item #11B11.B
03/26/2019
EXECUTIVE SUMMARY
Recommendation to accept the report and suggestions from the Tourist Development Council for
next steps in regulating Short Term Vacation rentals in the unincorporated area of Collier County.
OBJECTIVE: Review and give direction to staff on the next steps, if any, in regulating Short Term
Vacation Rentals.
CONSIDERATIONS: At Board direction, on February 25, 2019, the Tourist Development Council
(TDC) reviewed the history of vacation rentals in Collier County, the estimated number of those rentals in
the County, and how other Florida communities are addressing this issue. After a discussion "that more
information and analysis is required on the issue (workshops, stakeholder meetings, etc.)," and that "the
process should be a long term investigation to ensure the most optimum solution possible is developed,"
to move the item along, the TDC "moved for the Board of County Commissioners to further investigate
changing County requirements for short term vacation rentals, including obtaining any data available
from the Code Enforcement or the Sheriff's Office on complaints regarding the activity." Said
investigation may include workshops with stakeholders and advisory boards in order to develop
recommendations on the issue." (See attached minutes.)
Staff Report
The Collier County Land Development Code (LDC) has a provision that prohibits short-term rental of six
months or less in most areas of unincorporated Collier County. The six month period is defined in the
LDC provision for "Destination Resort Hotel". Unless "transient lodging" is permitted in a zoning area,
then any rental of six months or less would be prohibited. RT Zoning is the only residential district that
permits transient lodging in unincorporated Collier County.
Vacation Rental listings in all of Collier County for 2019 indicate on average 14,650 short term vacation
rental listings on websites such as VRBO (8,000, Home Away (6,000); AirBnB (300); Craig's List (350).
Many of the same rental units are listed on multiple websites. The largest concentrations of listings are
primarily west and south of I-75 including Naples Park, Pelican Bay, Pelican Marsh, Park Shore, Naples
Downtown, Lely, Fiddler's Creek and Marco Island.
The Collier County Tax Collector's records indicate there are a total of 10,861 registered Collector
Records in Collier County. The number of Vacation Home Rental accommodation types included in that
total for Condos, Single Family Homes, Apartments, Realtors/Property Management totals 10,705
collectors.
Staff analyzed all 35 coastal counties plus three inland counties in Florida and found that all assess a
Tourist Development Tax that include short term rentals. 34 of those 38 counties have County Ordinances
relating to short term vacation rentals of 6 months or less.
A sampling of Florida Counties indicates that some assess penalties for violations of local short term
vacation rental ordinances. The City of Miami Beach has a $20,000 fine for renting a property without a
County licenses. Miami Dade County has fines for renting without a Certificate of Use ranging from a
first offence of $100 to $2,500 for the third offense. Some Counties have varying enforcement options
such as differentiating between an entire house rental vs. one room. Some allow this activity only in
homesteaded properties. Many require registration, and some require inspections.
Collier County Code Enforcement reports they received 38 Short Term Vacation Rental calls in 2016, 44
Packet Pg. 194
11.B
03/26/2019
calls in 2017 and 90 calls in 2018. The majority of those calls are for Prohibited Use complaints, followed
by loud music and noise complaints, parking and traffic complaints and litter and trash left by short term
renters. We were not able to collect information on calls for service from law enforcement.
Currently the Collier County Tax Collector does not have agreements with any of the Vacation rental
website companies such as AirBnB, VRBO, Home Away, etc. This is primarily due to the inability for
these companies to provide the transparency the Tax Collector requires to determine who the property
owner is and if they are registered to collect and remit the Tourist Development Tax on these rentals.
Collier County Code Enforcement could assist in instituting a procedure for on-line registration of short-
term vacation rentals that would combine Business Tax Receipts, State Department of Business and
Professional Regulation (DBPR), Tourist Tax and Sales Tax registration; an affidavit signed by the
homeowner to comply with County Building and Fire Codes; institute spot checks on registered
properties and investigate compliance complaints.
Current Legislation in Tallahassee has six bills filed relating to short term rentals:
SB 812 - Vacation Rentals. Requiring persons engaged in certain public lodging -related transactions to
display a valid certificate of registration number in rental listings or advertisements; revising the
inspection responsibilities of the Division of Hotels and Restaurants regarding vacation rentals; revising
the classification of "vacation rental", etc.
SB 814 - Fees/Hosting Platforms/Transient Public Lodging Establishments; Requiring the Division of
Hotels and Restaurants of the DBPR to adopt by rule a schedule of fees for hosting platforms that wish to
advertise or list transient public lodging establishments, etc.
SB 824 - Private Property Rights of Homeowners; Preempting the regulation of vacation rentals to the
state; requiring each person applying for a vacation rental license to provide the Division of Hotels and
Restaurants of the DBPR with specified information, etc.
HB 987 - Vacation Rentals: Preempts to state regulation of vacation rentals, with exception; revises
application requirements for vacation rental licensure; requires Division of Hotels & Restaurants of
DBPR to make certain vacation rental license information available on its website.
HB 1129 - Public Lodging Establishments: Defines term "hosting platform"; requires certain public
lodging establishments to display license number in all advertising for rentals; requires hosting platforms
to designate agent for service of process, develop & maintain report listing specified information about
rentals, & remove advertisements or listings if they fail to display valid license number; provides civil
penalties; requires Division of Hotels & Restaurants of DBPR to adopt rules & authorizes division to
revoke, or refuse to issue or renew, vacation rental license.
SB 1196 - Vacation Rentals; Requiring licenses issued by the Division of Hotels and Restaurants of the
DBPR to be displayed conspicuously to the public; requiring the operator of a vacation rental or specified
public lodging establishment to display its license number in advertisements; revising the criteria for a
public lodging establishment to be classified as a vacation rental, etc.
FISCAL IMPACT: No Fiscal Impact is known at this time.
GROWTH MANAGEMENT IMPACT: There is no impact to the Growth Management Plan with this
Executive Summary.
LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney. The County
Attorney is in full agreement with the TDC "that more information and analysis is required on the issue
(workshops, stakeholder meetings, etc.)," and that "the process should be a long term investigation to
Packet Pg. 195
03/26/2019
ensure the most optimum solution possible is developed." This is a difficult and complex issue, whose
current breadth raises numerous hypothetical legal issues. This item requires majority vote for approval.
-JAK
RECOMMENDATION: Accept the report and suggestions from the Tourist Development Council for
next steps in regulating Short Term Vacation rentals in the unincorporated area of Collier County.
Prepared by: Jack Wert, Tourism Director
ATTACHMENT(S)
1. PPT Presentation TDC Short Term Vacation Rentals BCC rev jw 3-18-19 (PPTX)
2. February 25 - TDC draft (PDF)
Packet Pg. 196
11.B
03/26/2019
COLLIER COUNTY
Board of County Commissioners
Item Number: I LB
Doc ID: 8383
Item Summary: Recommendation to accept the report and suggestions from the Tourist
Development Council for next steps in regulating Short Term Vacation rentals in the unincorporated area
of Collier County. (Jack Wert, Tourism Division Director)
Meeting Date: 03/26/2019
Prepared by:
Title: Executive Secretary to County Manager — County Manager's Office
Name: MaryJo Brock
03/20/2019 11:49 AM
Submitted by:
Title: County Manager — County Manager's Office
Name: Leo E. Ochs
03/20/2019 11:49 AM
Approved By:
Review:
County Attorney's Office
Office of Management and Budget
County Manager's Office
Board of County Commissioners
MaryJo Brock Level 3 County Attorney's Office Review Skipped 03/20/2019 11:46 AM
MaryJo Brock Level 3 OMB Gatekeeper Review Skipped 03/20/2019 11:46 AM
Leo E. Ochs Level 4 County Manager Review Completed 03/20/2019 12:21 PM
MaryJo Brock Meeting Pending 03/26/2019 9:00 AM
Packet Pg. 197
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11.B.b
February 25, 2019
MINUTES OF THE COLLIER COUNTY TOURIST DEVELOPMENT
COUNCIL MEETING
Naples, Florida, February 25, 2019
LET IT BE REMEMBERED the Collier County Tourist Development Council '�nV
for the County of Collier, having conducted business herein, met on this date at in
a REGULAR SESSION in Building "F" of the Government Complex, Na Qorida
with the Following members present:
Chairman: Commissioner An y Solis (Excused)
ALSO
Vice Chairman: Clark Hill
Victor'
Susan. -Be -1-
R'obert biller (Excused)
d (Ski) Olesky
Sullivan
ichelle McLeod
Nancy Kerns
k Wert, Tourism Director
Caum, Deputy Director, Sports Tourism/Marketing
Colleen Greene, Assistant County
Attorney
Kelly Green, Tourist Development Tax Coordinator
Jeffrey John, Sports Development Manager
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11.B.b
February 25, 2019
Any persons in need of the verbatim record of the meeting may request a copy of the video recording
from the Collier County Communications and Customer Relations Department or view online.
1. Call to Order — Vice Chairman Hill
Vice Chairman Hill called the meeting to order at 9:00 A.M.
2. Pledge of Allegiance
Pledge of Allegiance was recited.
3. Roll Call
A quorum was established.
4. Agenda and Minutes
A. Changes and Approval of Today's Agenda
Mr. Olesky moved to approve the Agenda. Second by Ms. McLeod. Ca nanimously 7 — 0.
B. Approval of prior TDC Meeting Minutes
1. Regular Meeting January 28, 2019
Mr. Olesky moved to approve the minutes of the January 28, 0 9 meeting subject to changing
the date in Agenda Item 4.B (Approval of Prior TDC Meeting inutes) motion for approval
from February 26, 2019 to November 26, 2018. Second byr. Sullivan. Carried
unanimously 7— 0. ✓
5. Presentations/Public Comment - (3 minutes
A. FBU Presentation
Steve Quinn and Mr. Wert presented the
Naples " which outlined activities and expr
�v
PPoint "FB UNational Championship, The Path to
benefits associated with the youth national
tournament. They noted:'
• That the event yielde r� e enue for area hoteliers and a total of $1.5M in direct
economic spending in area.
• That the promoter engage 3rd party (TeamInn) to book rooms which yielded $19,000 in
tourist tax revenue V, he County.
• The event o involved media exposure to the area in the realm of advertising on nationally
televise oo 1 events.
• The pejtlitur s associated with the event were anticipated at $512,000 however only
$458,00 was spent.
• CRouncil ncerns on player behavior were addressed by implementing a code of conduct for
player and engaging a Staff member to visit the hotels in the evening and morning to
determine if any issues needed to be addressed.
eather was an issue and 2 of the 3 championship games were cancelled as a precaution.
-4,• A conference was held immediately after the event ended to determine the successes and
areas for improvement, which yielded recommendations such as utilizing North Collier
Regional Park's new turf fields, ensuring that a plan is in place in case of inclement weather,
determining media value of any live streaming of the event, undertaking measures to
increase the brand awareness, establishing year round communications, etc.
Speakers
Commissioner Taylor reported that the players had a great experience during the event.
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February 25, 2019
During Committee discussion, the following was noted:
• That a third commercial was added to the nationally televised All American Bowl in lieu of the
media coverage lost during cancellation of the two championship games.
• Staff should continue to monitor the benefits of the event to the County given $458,000 of
Tourist Development Tax revenue was expended, with $19,000 in revenue collected — Staff
noted that there is $150, 000 of media value not incorporated into the benefit to the County and
investigation is underway to determine avenues to measure the financial benefit of the
advertising.
• It would be advantageous for the US National Pickleball Championship to provide a si Zse
report to the Council.
6. Consent Agenda
All matters listed under this agenda item are considered to be routine and action will be taken by one
motion without separate discussion of each item. If discussion is desired by a member of the Council,
that item(s) will be moved from the Consent Agenda and considered separatel under New Business or
Old Business.
A. Coastal Zone Management
None
B. Beach Park Facilities
None
C. Tourism Division
None
7. New Business
A. Sort Term Vacation Rental
• Mr. Wert presented the Pow r o*W Short Term Vacation Rentals" noting:
That the PowerPointv e a on the current Collier County standards for prohibition of
short term rentals (6 mo s or less) in residentially zoned areas (other than Residential
Tourist District — RT), the)Kpproximate supply of units currently on the market, other
jurisdictions quireAents for this type of housing, legislative proposals, etc.
• That there ar individuals in the area who currently rent properties in lieu of the requirements
which genera proximately 30 percent of the County's Tourist Tax revenue.
• That the Board of County Commissioner are scheduled to discuss short term rentals and if
y changps should be considered for regulating the use at a meeting in March. They will be
It
s eking a recommendation from the Council.
7
e llo ng was noted during Council discussions:
T at property owners may request a change in a residential zoning district (i.e. to RT) to
allow the rentals, however it is a long process and includes an analysis of impacts on the
surrounding districts.
• Homeowner Associations may have their own requirements which allow short term rentals,
however the properties involved would be subject to County regulations which supersede the
community association's rules.
• A concern that increased regulations could negatively impact the amount of tax revenue
generated by private owners.
• General observations indicate that the problems associated with the activity is minimal
however, it would be beneficial to conduct an analysis of data available regarding complaints
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11.B.b
February 25, 2019
and enforcement activities by the Code Enforcement Division and Collier County Sheriff's
Office.
• There is an average hotel room vacancy rate of 40 percent over the course of a year in the
County, and allowing the unregulated use of short-term rentals could pose an impact on area
hoteliers given the homes have less overhead while conducting the business.
Speakers
Roger Jacobsen, City of Naples Code Enforcement reported that their Ordinance allows ar tal
of less than 30 days 3 times annually for certain residential properties. They do have a full�l'Z
Staff Member dedicated to enforce the activity. �+
Jean Humphries supports allowing short-term rentals in residential zones as she ow me she
rents out short term and pays the tourist tax. Generally, those types of users may r^ able to
afford the higher rates of area hotels and would not visit the area if not for the a home rentals
(i.e. people requiring traveling for personal or other business). Additionally hort-term use
they potentially create less neighborhood issues than long-term renters. A ro lem is for a brief
duration and not over the course of a year or longer lease.
Council discussion occurred and noted that the Chairman is not p cPfhe item may want to be
delayed. Also, more information and analysis is required on the is (workshops, stakeholder
meetings, etc.) and the process should be a long term inves6
tion o ensure the most optimum
solution possible is developed. ���
Mr. Wert reported that the BCC will be hearing the itdn befc�/ihe next TDC meeting and it would
be beneficial to provide some form of recommendatialL�
1 7
Ms. Becker moved for the Board of County Commissioners to further investigate changing
County requirements for short-term vacatio%rentals, including obtaining any data available from
the Code Enforcement or Sheriffs Office &f complaints regarding the activity. Said investigation
may include workshops with Stakelpyders,and Advisory Boards in order to develop
recommendations on theiss d by Mr. Sullivan. Carried unanimously 7— 0.
Break: 11:03 a.m.
Reconvened: 11:10 a. m.
B. Recommendation to approve Tourist Development Tax Promotion Funds to support two
upcoming May 2019 Sports Tourism Events up to $14,250 and make a finding that these
expenditures promote tourism.
Mr. Joh se;kd the above referenced Executive Summary noting the funding proposed is for the
USTA W en Transition Tour, a tennis event at the Naples Bath & Tennis Club from May 10 —19,
29'$3, ) and the Sweetbay Memorial Cup, a youth soccer event at North Collier Regional Park
from May 25 -27, 2019 ($10,500).
The Council noted that as the sports business continues to grow it may be beneficial to provide
incentives for events held during the week given the demand for rooms may be less than weekends.
N/
Ms. Becker moved to recommend the Board of County Commissioners approve Tourist
Development Tax Promotion Funds to support two upcoming May 2019 Sports Tourism Events
up to $14,250.00 and finds the item promotes tourism. Second by Mr. Rios. Carried
unanimously 7— 0.
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February 25, 2019
C. Recommendation to award four (4) Agreements for Request for Qualification (RFQ) #18- 7412
"Video Capture and Production" to: Paradise Coast TV, LLC, SoundStyle Inc. dba The
Naples Studio, Contender Productions Studios, Inc., and Full Moon Creative, LLC, authorize
the Chairman to execute the Agreements with awarded contractors, and make a finding that
these expenditures promote tourism.
Mr. Wert presented the above referenced Executive Summary noting that the request is to ensure
companies may be engaged on short notice given the nature of the business. Generally, ther is only
one week lead time to engage the services and funds have been budgeted for the potential wo
Mr. Rios moved to recommend the Board of County Commissioners award four (4) Abb\�ee`ts
for Request for Qualification (RFQ) # 18- 7412 "Video Capture and Production' to: Paradise
Coast TV, LLC, SoundStyle Inc. dba The Naples Studio, Contender Productions Studios, Inc.,
and Full Moon Creative, LLC, authorize the Chairman to execute the Agreements with awarded
contractors and finds the item promotes tourism. Second by Ms. Becker. reed unanimously 7
—0.
D. Recommendation to approve the year two "Printing of Visitor Guides" for the Tourism
Division under the ITB #18-7247 award to Publication Printers Corporation to print 75,000
copies of the 2019 Collier County Visitor Guides for a not to exceed amount of $33,183.40 and
make a finding that this action promotes tourism.
Mr. Wert presented the above referenced Executive Summary n1ting that this is the second year of
the contract and the price remains the same. Given the changing technology in the market, the
number of copies printed is envisioned to be decre2ised in the coming years.
Ms. Becker moved to recommend the Board of County Commissioners approve the year two
"Printing of Visitor Guides"for the Tou ism Division under the ITB #18-7247 award to
Publication Printers Corporation to pr t 7,.000 copies of the 2019 Collier County Visitor Guides
for a not to exceed amount of $33,1 3. 0 and finds the item promotes tourism. Second by Mr.
Rios. Carried unanimously—
i4
E. Recommendation to approve a lbw Interlocal Agreement with the City of Naples for office
space in the Norris Centervo house the Collier County Film Office staff, authorize the Chair to
sign the County torney approved Agreement, authorize all required expenditures for this
purpose, and i(ken
e ding that this item promotes tourism.
Mr. Wert p e ted tITabove referenced Executive Summary.
Ms. M m ed to recommend the Board of County Commissioners approve a new Interlocal
Agreeme t MW the City of Naples for office space in the Norris Center to house the Collier
90unty Film Office staff, authorize the Chair to sign the County Attorney approved Agreement,
authorize all required expenditures for this purpose and finds the item promotes tourism. Second
by M.s. Becker. Carried unanimously 7— 0.
8. Ol"usiness
A. Beach Trolley Update
Michelle Arnold, Director of Public Transportation and Neighborhood Enhancement provided
an update on ridership on the beach trolley and information on the service available for Marco Island
including the feasibility of a beach trolley for the City. She noted:
• That the Collier Area Transit currently provides routine daily service to and around Marco
Island.
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9.
10.
11.B.b
February 25, 2019
That a beach route could be established in the City of Marco Island utilizing 1 vehicle at 40
minute intervals and operate 8:00 a.m. to 10:30 p.m. The cost for the service would be
approximately $454,000.
A second option is a two vehicle service, which would cost $644,000.
A third option is utilizing a 5 -month service with two vehicles at $460,000.
• All services could operate 7 days a week
• The potential funding sources include 3 -year start up grants, which require a 50 percent local
match, merging the trolley with the existing service provided and/or contributions frorall, e
City of Marco Island, etc. '
Council Member Discussion
Ms. Becker reported she contacted WGCU on the potential of increased airings of the as antha Brown
"Places to Love " episode featuring Naples.
Marketing Partner Reports
These reports (Marketing Partner Reports - Research Data Services, Paradise Advertising & Marketing,
Inc., LHG (Lou Hammond Group), Collier County Tourist Tax Collections, hos Partners - Website
Activity, Digital & Social Media- Paradise Advertising, Book Direct, Couniy useums) are provided to
TDC members on the digital link above to the County website. T e Res�arch Data Services report will
be presented on a monthly basis, and the other reports will be ented at TDC meetings on an as
needed basis. TDC members may request a presentation brhe ting Partner representative or by
Tourism staff at each TDC meeting.
A. Research Data Services — Dr. Walter Klage*
Klages Research & Research Data Service �Wfearch Report
The Council noted that occupancy is decrea ' the past months, and staff that reported they are
monitoring the situation to determine ani s which may need to be taken to address the issue.
B. Paradise Advertising — Rudy eb
Paradise Advertising and M et g� — Marketing Report
C. Lou Hammond Group - Jonell odys
"Lou Hammond Grw ando'VB PR Team Public Relations Report"
D. Collier County TouristV Tax Collections — Jack Wert
"Collier County Tax Collector Tourist Tax Collections "
E. Miles Pa�Website Activity — Phoebe Ray
May ov ded an overview of the website analytics.
& Social Media- Paradise Advertising and Zebra Brazil
Social Media Marketing"
Atilus — Search Engine Optimization
"Digital/Social Media Marketing"
I I.Tourism Staff Reports
These activity reports (Tourism Staff Reports - Director, Group Sales, Leisure & Travel Trade Sales,
Special Markets, Sports Marketing, Public Relations & Communications, Film Office, International
Representatives, Visitor Centers) are provided to TDC members on a digital link to the County website
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11.B.b
February 25, 2019
and will be presented to the TDC on an as needed basis. TDC members may request a presentation by
Tourism staff members at each TDC meeting.
A. Director
Mr. Wert reported that the proposal to relocate the Visitor's Center to the Naples Depot has been
cancelled by the Greater Naples Chamber of Commerce due to the excessive costs associated with
the project ($300,000 +/- budgeted vs. $700,000 in construction bids). The intent at this point is for
the center to remain on US41 at the Chamber Office.
B. Group Sales
C. Leisure and Travel Trade Sales
D. Sports Marketing
E. Public Relations & Communications
F. Film Office
G. International Representatives
H. Visitor Centers
I. County Museums
12. Detailed Staff Reports
A. Detailed Staff Reports
Submitted
13. Next Scheduled Meeting Date[L dM32� arch 25, 2019 - 9:00 a.m.
Collier County Government Center, Administration Bldg. F, 3rd Floor,
3299 East Tamiami Trail, Naples, Florida 34112
There being no furth'ness for the good of the County, the meeting was adjourned by order of
the chair at 12:21
COLLIER COUNTY TOURIST
DEVELOPMENT COUNCIL
Chairman, Commissioner Andy Solis
These minutes approved by the Board/Committee on
as presented
or as amended
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