Agenda 10/26/2021 Item #16A16 (Advertise an Ordinance for short term rental registration requirements10/26/2021
EXECUTIVE SUMMARY
Recommendation to direct the County Attorney to advertise and bring back for a Public Hearing
an Ordinance establishing short term rental registration requirements for owners of short-term
vacation rentals in unincorporated Collier County.
OBJECTIVE: Request authorization for the County Attorney to advertise an Ordinance establishing
short term rental registration requirements for owners of short-term vacation rentals in unincorporated
Collier County
CONSIDERATIONS: The presence of short-term vacation rentals in established residential
neighborhoods may create community impacts, including, but not limited to, excessive noise,
accumulation of trash, on -street parking, and diminished public safety.
During their March 19, 2019, meeting (Item 11.13), and May 28, 2019, meeting (Item 11.17), the Board of
County Commissioners (Board) discussed options available to address these impacts to protect the quiet
enjoyment of neighboring residential units. At their June 25, 2019, meeting (Item I LE), the Board
requested an Ordinance be developed to enhance short-term rental registration requirements that would
include a local contact person and provide for enforcement if non -compliant. Accordingly, the intent is to
collect current and accurate information regarding short-term vacation rental properties, encourage the
appropriate management of these properties, and protect the general health, safety, and welfare of the
residents and visitors to Collier County.
FISCAL IMPACT: There is no fiscal impact associated with this action.
GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated with this
action.
LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney, is approved as to
form and legality and requires majority vote for approval. -JAK
RECOMMENDATION: To authorize the County Attorney to advertise an Ordinance establishing
short-term rental registration requirements for owners of short-term vacation rentals in unincorporated
Collier County.
Prepared by: James French, Deputy Department Head, Growth Management Department
ATTACHMENT(S)
DRAFT - Short Term Rental Registration Ordinance (PDF)
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16.A.16
10/26/2021
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.A.16
Doe ID: 20188
Item Summary: Recommendation to direct the County Attorney to advertise an Ordinance for
Collier County Short -Term Vacation Rental Registration Requirements, establishing short-term rental
registration requirements for owners of short-term vacation rentals in unincorporated Collier County.
Meeting Date: 10/26/2021
Prepared by:
Title: Operations Analyst — Planning Commission
Name: Diane Lynch
10/06/2021 5:29 PM
Submitted by:
Title: Division Director - Operations Support — Growth Management Operations & Regulatory
Management
Name: Kenneth Kovensky
10/06/2021 5:29 PM
Approved By:
Review:
Growth Management Department Diane Lynch Growth Management Department
Growth Management Operations & Regulatory Management Kenneth Kovensky
Growth Management Department
Diane Lynch
Transportation
Growth Management Department
James C French
Growth Management
Office of Management and Budget
Debra Windsor
Level 3 OMB Gatekeeper Review
Office of Management and Budget
Laura Zautcke
Additional Reviewer
County Attorney's Office
Jeffrey A. Klatzkow Level 3 County Attorney's Office Review
County Manager's Office
Sean Callahan
Level 4 County Manager Review
Board of County Commissioners
Geoffrey Willig
Meeting Pending
Completed
10/06/2021 5:29 PM
Additional Reviewer Completed
Skipped
10/05/2021 3:59 PM
Completed
10/07/2021 10:46 AM
Completed
10/07/2021 1:05 PM
Completed
10/11/2021 3:23 PM
Completed
10/13/2021 2:20 PM
Completed
10/19/2021 9:02 AM
10/26/2021 9:00 AM
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16.A.16.a
AN ORDINANCE OF THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA,
ESTABLISHING SHORT TERM RENTAL REGISTRATION
REQUIREMENTS FOR OWNERS OF SHORT-TERM VACATION
RENTALS; PROVIDING FOR CONFLICT AND SEVERABILITY;
PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND
ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, pursuant to Chapter 125, Florida Statutes, the Board of County Commissioners may M
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adopt ordinances and resolutions necessary to preserve the health, safety and welfare of the residents of >
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Collier County, except where prohibited by law; and
WHEREAS, short-term vacation rentals situated in single-family residential neighborhoods is a V_
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growing interest; and Cn
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WHEREAS, these regulations do not regulate duration or frequency of rentals, but are intended
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to address the impacts of transient occupants on established residential neighborhoods; and a
WHEREAS, the Board finds that the measures required by this Ordinance will help maintain 00
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residential use and enjoyment for Collier County citizens and residents. N
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NOW, THEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
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Section One: Title g
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This Ordinance shall be known and cited as "The Collier County Short -Term Vacation Rental w
Registration Ordinance."
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Section Two: Legislative Findings and Intent
The Board hereby finds that the use of residential dwellings for short-term vacation rentals in E
established residential neighborhoods may create community impacts, including, but not limited to,
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excessive noise, accumulation of trash, on -street parking and diminished public safety; that to lessen these Cn
impacts and to protect the quiet enjoyment of neighboring residential units it is necessary to have a known, Q�
responsible person to contact who can reasonably address issues that may arise from the use of short-term Q
vacation rentals, many of which are owned by non-residents; and that some owners of short-term vacation
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rentals may not properly remit required taxes and fees. Accordingly, it is the intent of this Ordinance to E
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collect current and accurate information regarding short-term vacation rental properties and to encourage
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the appropriate management of these properties in order to protect the general health, safety and welfare of
the residents and visitors to Collier County.
Section Two: Definitions
The following words, terms, and phrases, when used in this Ordinance, shall have the meanings set
forth herein:
Designated Responsible Party. The term "Designated Responsible Party" means any person
eighteen (18) years of age or older designated by the Owner, tasked with responding to requests or
complaints and other problems relating to or emanating from the Short -Term Vacation Rental. An Owner
may retain a private property management company to serve as the Designated Responsible Party. The
Designated Responsible Party shall be the agent of the Owner authorized to accept County -issued citations
and notices of violation arising from the use of the Short -Term Vacation Rental.
Owner. The term "Owner," shall mean the person or entity holding legal title to the short-term
vacation rental property, as reflected in the Collier County Tax Collector's records. `
Short -Term Vacation Rental. A "Short -Term Vacation Rental" means the rental of any habitable
space, including a room, apartment, living quarters, in any residential building, including but not limited to
condominiums, single-family or multi -family homes, for a term of six months or less, as provided in
125.0104(3)(a), Florida Statutes, as amended, unless such person rents, leases, or lets for consideration any
living quarters or accommodations which are exempt according to the provisions of Chapter 212, Florida
Statutes. Traditional hotels, motels, timeshare projects, and bed and breakfast inns, as defined by Chapter
509, Florida Statutes, are not included in this definition and are exempt from this Ordinance.
Section Three: Short-term Vacation Rental Requirements
Prior to commencing any Short -Term Vacation Rental, it is the affirmative duty of the Owner to:
1. Register with the Florida Department of Business and Professional Regulation and the Collier
County Tax Collector. A
2. Obtain a Collier County Registration Certificate for each Short -Term Vacation Rental unit
owned. The Certificate must identify that unit's Designated Responsible Party and current contact
information. The Owner must notify the County in writing of any changes in ownership or of the
Designated Responsible Party within ten (10) business days of such change.
3. Inform all guests prior to occupancy of the Short -Term Vacation Rental unit of all applicable
Collier County ordinances, including noise, parking, and garbage.
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4. Maintain all Short -Term Vacation Rental units under their control in compliance with the
occupancy limits, as specified in the Collier County Code of Ordinances, Collier County Land Development
Code, Florida Building Code, and Florida Fire Prevention Code.
5. Be available in person or by telephone or have the Designated Responsible Party available in
person or by telephone twenty-four (24) hours a day, seven (7) days a week to address any law enforcement
action, emergency response, or County ordinance violation arising from the rental of the Short -Term
Vacation Rental unit and be willing and able to be onsite to address violations within the next day of
notification.
6. Maintain the Short -Term Vacation Rental unit as specified in the Collier County Property
Maintenance Code (Ord. No. 2010-02, as amended).
7. Include the Collier County Rental Registration Number of the Short -Term Vacation Rental unit
in all advertising of the availability of accommodations for the Short -Term Vacation Rental unit.
Advertising includes, but is not limited to print, radio, video, online, social media, and sharing economy
platforms. A
%�6'Section Four: Penalty for Violations.
Any violations of this Ordinance may be prosecuted and shall be punishable as provided by the
Collier County Consolidated Code Enforcement Ordinance (Ord. No. 2010-04, as amended), and shall be
subject to a fine or civil citation up to $500 per violation per day for ongoing repeating violations. Each
day of renting a Short -Term Vacation Rental unit without having a valid County Registration Certificate
issued pursuant to this Ordinance shall constitute a separate and distinct violation of this Ordinance. Guests
and Owners of Short -Term Vacation Rental units may be prosecuted separately and concurrently for a
violation of any Collier County Ordinance, including but not limited to noise, parking, and garbage
violations.
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Section Five: Conflict and Severability.
In the event this Ordinance conflicts with any other Ordinance of Collier County or other applicable
law, the more restrictive shall apply. If any court of competent jurisdiction holds any phrase or portion of
this Ordinance invalid or unconstitutional, such portion shall be deemed a separate, distinct and independent
provision and such holding shall not affect the validity of the remaining portion.
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Section Six: Inclusion in the Code of Laws and Ordinances.
The provisions of this Ordinance shall become and be made a part of the Code of Laws and
Ordinances of Collier County, Florida. The sections of the Ordinance may be renumbered or re -lettered to
accomplish such, and the word "ordinance" may be changed to "section," "article," or any other appropriate
word.
Section Seven: Effective Date.
This Ordinance shall become effective as of January 1, 2022.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County,
Florida, this day of 32021.
ATTEST: BOARD OF COUNTY COMMISSIONERS
CRYSTAL K. KINZEL, Clerk of Court COLLIER COUNTY, FLORIDA
, Deputy Clerk
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Penny Taylor, Chairman
OF '1�
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