Commissioners vote to draft a countywide program; rules still bar rentals under 30 days in many residential areas

By ChrisAnn Allen

Sarasota County is taking steps to shut down illegal short-term rentals.

During its April 7 meeting, the County Commission unanimously voted to move forward with plans for a countywide registration program for vacation rentals.

Matt Osterhoudt, county director of planning and development services, said the matter most recently was brought up Feb. 11 at the county’s Siesta Key workshop, when the board directed staff to provide an update at a future meeting. However, concerns over illegal vacation rentals in residential areas have been raised at various meetings for nearly a decade.

Osterhoudt spoke about the county’s unified development code pertaining to rentals, which states a unit can be rented for more than 30 days and cannot be rented more than once within 30 days in specified zoning districts, including residential multifamily (RMF), but not on the barrier islands, where rentals of less than 30 days are permitted in the RMF zone. The more-than-30-days rule does apply in the residential single-family (RSF) zone on barrier islands. Additionally, advertising or leasing a rental for anything other than the specified time period constitutes a violation.

However, the state has preempted local governments, stating, “A local law, ordinance or regulation may not prohibit vacation rentals or regulate the duration or frequency of rental of vacation rentals,” unless the law or ordinance was adopted prior to June 1, 2011, which does apply in the county’s case. Therefore, the county cannot change the duration or frequency relating to vacation rentals from the more-than-30-days rule currently in place.

“The only thing you can do is either keep it the same or you can dump it,” Osterhoudt said, adding violations are typically addressed by a special magistrate when a complaint is filed, with evidence — often an advertisement for vacation rentals — to substantiate the claim.

Osterhoudt said some neighboring areas, including Collier County and cities on Anna Maria Island, have adopted a registration program for vacation rentals. As long as the frequency or duration is not changed, this is a viable option. Points of contact, safety inspections, occupancy limitations and other means of monitoring the properties could then be initiated and enforced by the county. He also suggested considering program-specific software and staff to track rentals. He closed his presentation stating it would take “at least 9-12 months” to establish if the county chooses to implement a rental registration program and asked the board for direction.

“I know it’s déjà vu for you, considering the number of times this and previous boards have brought it up,” Commissioner Mark Smith, whose district includes the northern portion of Siesta Key, said to Osterhoudt. “But I would hope that maybe we’re going to bring this in for a landing this time.” He said, having been a resident and business owner on the key for more than 30 years, he supports a registration program that includes onsite parking requirements, maximum occupancy, and funding for software and additional staff, with costs offset by fees and penalties generated by the program. “I’m totally in favor of a registration program and feel it’s been necessary, and it’s time for us to join our neighbors in doing that,” Smith said.

Commissioner Teresa Mast asked Osterhoudt whether a property owner would lose their homestead exemption if they choose to rent an exempt property. County Attorney Josh Moye suggested asking the tax collector. According to the state, to qualify for a homestead exemption, the owner must prove the property still qualifies as their permanent residence for tax purposes. Beatrice Patrizi, deputy clerk, confirmed the homestead exemption would indeed be impacted.

Commissioner Joe Neunder, whose district includes the southern portion of Siesta Key, asked whether the rental program software would provide an opportunity for people affected by rentals in their neighborhood to “self-report” activities they witness, such as excessive occupancy. “I was curious if you knew how powerful the software was, based on AI and technology,” he said, adding he supports a registration program either way based on resident concerns. He also expressed concern about program costs. Osterhoudt said he was unsure but would include the questions in his inquiry.

Commission Chair Ron Cutsinger said he agrees with Commissioner Tom Knight, who said a new program must be financially self-sustaining.

Smith motioned to direct Osterhoudt to work with the clerk and tax collector’s office and bring a proposed plan back to the board for further discussion. The motion passed unanimously.

“If we’re serious about protecting our neighborhoods, then we have to be serious about enforcement on illegal rentals,” Lourdes Ramirez, a Siesta Key resident and neighborhood advocate, said during the April 7 meeting. “We don’t need more regulations. We already have them. What we need is enforcement, and that means investing in additional personnel to keep up with all the illegal rentals.” Ramirez was referring to the increase in vacation rentals in areas not zoned for such use, including residential neighborhoods zoned RSF.

At the April 9 meeting of the Siesta Key Association, a neighborhood advocacy group, Bern Pisaturo, a county code enforcement officer, included the recent commission decision as part of his monthly report. He encouraged meeting attendees — some of whom are residents dealing with quality-of-life issues due to neighboring illegal vacation rentals — to self-report alleged violations through the county’s 3-1-1 system or online at scgov.net.

Pisaturo said he provides the evidence to the county attorney, who vets it for use in a code compliance case. He also said he has pushed for a system that would allow the county to subpoena records from booking companies to provide financial data and reservation dates to determine whether they match online listings. “We shouldn’t be leaving it up to the property owner to be honest,” he said, adding he suggested submitting records request information to the county legal office as a subpoena, getting it signed by a judge and sending it to booking companies. “That would work,” Pisaturo said.

“This idea of a registration database and requiring people to register so you can tell if somebody is not reporting properly is a big step,” SKA board member Bob Luckner said April 9, referring to statements about the difficulty of ensuring appropriate taxes are paid on vacation rental properties. “I think it’s a sea change for me to see the commission really interested in doing something about this.”