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

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

Short-term rentals have become increasingly popular in Lee County, Florida, particularly in tourist hotspots like Fort Myers Beach. However, hosts looking to start an Airbnb or VRBO business need to be aware of the local regulations and zoning laws that govern these rentals. Here's what you need to know about short-term rental rules in Lee County.

Starting a Short-Term Rental Business in Lee County

To legally operate a short-term rental in Lee County, you must first register your property with the county. The Town Council of Fort Myers Beach formalized this registration process in 2018 with Ordinance 18-01. Hosts are required to pay a registration fee and familiarize themselves with the Code of Conduct for short-term rentals.

In addition to registration, hosts must collect and remit the appropriate taxes. This includes the 6% Florida state sales tax on rental income, as well as the 5% Lee County Tourist Development Tax. Proper filing and payment procedures must be followed on a monthly or quarterly basis.

It's important to note that certain property types may face additional restrictions. For example, some condominium associations have bylaws that limit or prohibit short-term rentals altogether. Single-family homes may be subject to zoning laws that dictate the frequency and number of guests allowed.

Investor Joseph Kirk shared his experience on the Bigger Pockets forum, stating "Lee County is a great place to buy properties all around Fort Myers Beach for short-term rentals, but it's crucial to check if certain properties allow it first." He recommends using tools to analyze rental data and potential returns.

Enforcement of these regulations has been increasing. The county has set up a 24-hour hotline to report short-term rental violations. Fines and penalties can be imposed on hosts who fail to comply.

One Redditor shared their frustration with illegal rentals in their St. Petersburg neighborhood, stating "Some of these people are ignorant of the simple rules or think they are above them. When you find them, call code enforcement." While this example is outside Lee County, it highlights the growing tension between full-time residents and short-term rental operators across Florida.

Despite the regulatory hurdles, many investors still see the profit potential in Lee County's short-term rental market. With millions of tourists visiting the area each year, a well-run Airbnb can generate significant returns. The key is doing proper due diligence on local laws, being a responsible host, and providing an exceptional guest experience.

Short-Term Rental Licensing Requirement in Lee County

To legally operate a short-term rental in Lee County, hosts must register their property with the county and obtain a license. The Town of Fort Myers Beach has formalized this registration process with Ordinance 18-01. Here are the detailed requirements based on the official county and town websites:

Registration Requirements:

• Completed Short-Term Rental Registration Form, including:
  - Owner contact information
  - Property address and details
  - 24-hour local contact person name and phone number
• Signed owner affidavit agreeing to comply with all regulations
• Initial registration fee of $300 per rental unit

Submitting Registration:

1. Registration forms and fees can be submitted to:
   - In person: Town of Fort Myers Beach, 2525 Estero Blvd, Fort Myers Beach, FL 33931
   - By mail: Same address as above
   - By email: After filling out the form, email to STR@fmbgov.com
2. The typical processing time is not specified, but allow at least 2-4 weeks

Annual Renewal:

1. A $300 annual renewal fee per unit is due each year between October 1 - December 15
2. Failure to renew on time results in the registration being voided. The owner must then re-register as a new rental and pay the new $300 registration fee

Additional Requirements:

1. Collect and remit the 6% Florida sales tax and 5% Lee County Tourist Development Tax
2. Provide a local contact person, such as a property manager or co-host, that can be reached 24/7 to handle any issues
3. Include the town-issued registration number on all rental advertisements and listings
4. Comply with all state and local building, fire, health and safety codes

Penalties for Non-Compliance:

1. Operating without a valid registration is prohibited. Violators may face:
   - Fines up to $500 per day
   - Suspension of the right to rent for a period of time
   - Revocation of rental license
2. The town has a 24-hour hotline to report violations: (435) 787-4357 or (239) 778-1171

In summary, short-term rental hosts in Lee County, especially Fort Myers Beach, must register their property, pay the required fees, and follow all the town and county regulations. Failure to do so can result in significant fines and penalties. For the most up-to-date information, check the official Town of Fort Myers Beach and Lee County websites.

Required Documents for Lee County Short-Term Rentals

To register a short-term rental in Lee County, particularly in the Town of Fort Myers Beach, owners must provide the following documents as outlined in the town's Ordinance 18-01:

1. Completed Short-Term Rental Registration Form: This form includes owner contact information, property address and details, and a 24-hour local contact person name and phone number. The form can be downloaded from the town's website and submitted in person, by mail, or by email to STR@fmbgov.com.
2. Signed Owner Affidavit: The owner must sign an affidavit agreeing to comply with all short-term rental regulations set forth by the town. This affidavit is part of the registration form.
3. Initial Registration Fee: A non-refundable fee of $300 per rental unit is due at the time of registration. This can be paid by check, money order, or credit card.
4. Proof of Sanitary Facilities: Owners must provide proof of available sanitary facilities, such as a port-o-let contract, sewer availability, or septic approval letter. If using facilities from a neighboring business, a letter stating the business's hours of operation is required.
5. Proof of Liability Insurance: Submit proof of general liability insurance and property damage insurance with a minimum coverage of $50,000 for each occurrence and $100,000 general aggregate.
6. Site Plan or Plot Plan: This plan should show available parking, existing structures, location of equipment, emergency access driveways/lanes, restroom facilities, and the boundaries of the proposed use area on the property.
7. Floor Plan: For applicable properties, a floor plan showing exits, finished furniture layout for travel distance, no smoking signs, and fire extinguisher locations is required.
8. Flame Retardant Certificates: If a tent is being used, provide flame retardant certification.

These documents ensure that short-term rental properties are properly registered, insured, and equipped to operate safely and in compliance with local regulations. Failure to provide the necessary documentation can result in fines or suspension of rental privileges.

Lee County Short-Term Rental Taxes

Short-term rental operators in Lee County, Florida are subject to several state and local taxes. Understanding these taxes is crucial for hosts to ensure compliance and properly manage their rental business. Here's a breakdown of the key taxes that apply:

Florida Sales Tax: The state of Florida charges a 6% sales tax on the total rental amount, including any cleaning fees, for stays of 6 months (182 nights) or less. This tax is collected by the state.

Lee County Tourist Development Tax: Lee County levies an additional 5% Tourist Development Tax on short-term rentals. This tax applies to the total rental amount, including cleaning fees, for stays of 6 months or less. Hosts are required to collect this tax from guests and remit it to the county on a monthly basis.

Discretionary Sales Surtax: Some Florida counties charge a discretionary sales surtax that ranges from 0.5% to 1.5%. This tax is based on the rental's location and is collected by the state in addition to the 6% state sales tax.

It's important to note that booking platforms like Airbnb collect and remit some of these taxes on behalf of hosts. In Lee County, Airbnb automatically collects and pays the 6% Florida Sales Tax and 5% Lee County Tourist Development Tax. However, hosts are still responsible for reporting this income and filing returns with the appropriate agencies.

Possible Deductions and Write-Offs

While short-term rental taxes can add up, hosts can take advantage of several deductions to reduce their tax liability. Some common expenses that may be deductible include:

1. Mortgage interest
2. Property taxes
3. Insurance premiums
4. Utilities (electricity, water, internet, etc.)
5. Cleaning and maintenance costs
6. Repairs and supplies
7. Marketing and advertising expenses
8. Host service fees from platforms like Airbnb
9. Depreciation of rental assets

To claim these deductions, hosts must keep detailed records and receipts. The amount of each deduction depends on the percentage of rental use vs. personal use of the property. Consulting with a tax professional is recommended to ensure proper reporting and maximize deductions.

In summary, Lee County short-term rental operators are subject to state sales tax, county tourist development tax, and potentially a discretionary surtax. By understanding these taxes, hosts can stay compliant and take advantage of available deductions to minimize their tax burden.

Florida Wide Short-Term Rental Rules

In addition to Lee County's local regulations, short-term rental hosts must also comply with several state-wide laws and requirements in Florida. These rules provide a general framework that affects all counties, including Lee County. Here are the key state-wide short-term rental regulations to be aware of:

Licensing and Registration: The Florida Department of Business and Professional Regulation (DBPR) requires all vacation rentals to be licensed by the state. This includes single-family homes, condominiums, and other dwelling units rented for periods of less than 30 days and more than three times per year. Hosts must submit a Vacation Rental Dwelling License Application along with a $150 fee to the DBPR.

Occupancy Limits: As of 2023, local governments in Florida can impose occupancy limits on short-term rentals under certain conditions. For example, if a property is in an area zoned for single-family residential use and the local law allows occupancy limits, the maximum occupancy cannot exceed the lesser of the following:

1. Two persons per bedroom plus two additional persons per property
2. One person for every 150 square feet of air-conditioned living space

Multiple Violations: Local governments can suspend vacation rental registrations for up to 30 days if a property has three or more code violations within a 90-day period. Hosts must remedy the violations and pay any fines before the suspension is lifted.

Taxation: Short-term rental income is subject to several state taxes in Florida. Hosts must collect and remit the 6% state sales tax, as well as any applicable county discretionary sales surtax (0.5% to 1.5%) and tourist development tax (generally 4-6%). In total, the taxes on short-term rentals in Florida usually range from 7.5% to 12% of the rental amount.

Insurance Requirements: While not legally mandated, it's highly recommended that short-term rental hosts in Florida obtain proper insurance coverage. Standard homeowners insurance policies often exclude claims related to paying guests. Hosts should consider a commercial liability policy or a specialized vacation rental insurance plan to protect against property damage, injuries, and other risks.

Advertising and Listing: When advertising a short-term rental online or through platforms like Airbnb and VRBO, hosts must include the property's DBPR license number. Failure to display this information can result in fines or penalties.

It's important to note that while the state provides this general regulatory framework, counties and municipalities can further restrict short-term rentals through zoning laws, permitting processes, and other local ordinances. Lee County hosts must comply with both the state-wide rules and the specific regulations set forth by the county and the Town of Fort Myers Beach.

Does Lee County Strictly Enforce STR Rules?

Lee County, particularly the Town of Fort Myers Beach, has implemented strict regulations for short-term rentals through Ordinance 18-01. However, the actual enforcement of these rules seems to vary based on the experiences shared by hosts on platforms like BiggerPockets and Reddit.

Many hosts report operating their short-term rentals in Lee County despite the stringent rules. On BiggerPockets, investor Joseph Kirk noted, "There are a ton of illegal STRs operating in Fort Myers Beach. The town doesn't have the resources to go after all of them." This sentiment is echoed by several other hosts who have successfully run Airbnbs without facing significant consequences.

However, some hosts have encountered issues with enforcement. A Reddit user shared, "I got hit with a fine for operating without a license in Fort Myers Beach. They're definitely cracking down more." This suggests that while many hosts may fly under the radar, the risk of penalties is real for those who are caught.

Compared to other Florida cities, Lee County falls somewhere in the middle in terms of being Airbnb-friendly. While not as lenient as some areas, it's not as restrictive as places like Miami Beach, which has a reputation for strict enforcement and high fines.

The consensus among hosts on BiggerPockets is that operating a short-term rental in Lee County is possible but requires careful compliance with regulations. As one host put it, "Follow the rules, get your license, and pay your taxes. It's a hassle, but it's the only way to operate legally and avoid problems down the line."

In summary, while Lee County has strict short-term rental regulations on the books, enforcement seems to be inconsistent. Many hosts continue to operate their rentals, albeit with a level of risk. Compared to other cities, Lee County is moderately Airbnb-friendly, but hosts must navigate the legal requirements carefully to avoid potential penalties.

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

Starting a short-term rental business in Lee County, particularly in the Fort Myers area, can be a lucrative venture. However, it's crucial to follow the proper steps to ensure compliance with local regulations and set yourself up for success. Here's a comprehensive guide on how to get started:

1. Research Local Regulations: Before investing in a rental property, thoroughly research the short-term rental regulations in Lee County and the specific municipality where your property is located. In Fort Myers Beach, for example, you must comply with Ordinance 18-01, which outlines registration requirements, occupancy limits, and a code of conduct for short-term rentals. Familiarize yourself with zoning laws, licensing requirements, and any restrictions on the type or frequency of rentals allowed.
2. Obtain Necessary Licenses and Permits: In Florida, you need a license from the Department of Business and Professional Regulation (DBPR) to operate a vacation rental. Apply for a Vacation Rental Dwelling License and pay the associated $150 fee. Additionally, register your short-term rental with the Town of Fort Myers Beach, if applicable, and pay the required registration fee of $300 per unit.
3. Prepare Your Property: Ensure your rental property is in top condition and equipped with all necessary amenities. Hire a professional cleaning service to perform a deep clean between guests. Install safety features like smoke detectors, fire extinguishers, and first-aid kits. Provide essential amenities such as linens, towels, kitchenware, and Wi-Fi. Consider hiring a professional photographer to take high-quality photos of your property for marketing purposes.
4. Set Competitive Rates: Research the short-term rental market in your area to determine competitive nightly rates. Consider factors like seasonality, events, and demand when setting your prices. Use dynamic pricing tools to automatically adjust rates based on market conditions. Don't forget to account for cleaning fees, taxes, and platform commissions when calculating your nightly rate.
5. Create Detailed Listings: Craft compelling listings on popular short-term rental platforms like Airbnb and VRBO. Write engaging descriptions that highlight your property's unique features, amenities, and location. Use high-quality photos and include important details like house rules, check-in/out procedures, and cancellation policies. Ensure your listing complies with all platform requirements and local regulations.
6. Implement a Marketing Strategy: In addition to listing on short-term rental platforms, develop a multi-faceted marketing plan to attract guests. Leverage social media to showcase your property and engage with potential guests. Consider paid advertising on platforms like Google, Facebook, and Instagram. Encourage satisfied guests to leave reviews and offer incentives for repeat bookings or referrals.
7. Manage Guest Communication: Respond promptly to guest inquiries, booking requests, and any issues that arise during their stay. Provide clear communication regarding check-in/out procedures, house rules, and local recommendations. Be available 24/7 to address guest concerns and ensure a positive experience. Consider using automated messaging tools to streamline communication and save time.
8. Maintain the Property: Regular maintenance is key to the success of your short-term rental business. Perform routine inspections to identify any necessary repairs or upgrades. Keep the property clean and well-stocked with essential supplies. Hire reliable contractors for maintenance tasks like landscaping, pool cleaning, and HVAC servicing. Promptly address any guest complaints or maintenance issues to prevent negative reviews.
9. Comply with Tax Obligations: Short-term rental income is subject to various taxes in Florida. Collect and remit the 6% state sales tax, 5% Lee County Tourist Development Tax, and any applicable local taxes. Keep accurate records of your rental income and expenses for tax purposes. Consider working with a tax professional to ensure compliance and maximize deductions.
10. Consider Professional Property Management: If managing a short-term rental feels overwhelming, consider hiring a professional property management company. They can handle tasks like guest communication, cleaning, maintenance, and regulatory compliance. While this comes at a cost, it can save you time and stress while ensuring a high standard of service for your guests.

By following these steps and staying informed about local regulations, you can successfully launch and operate a short-term rental business in Lee County. Remember to prioritize guest satisfaction, maintain your property to a high standard, and continually adapt to changes in the market and regulatory landscape.

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

If you have questions about short-term rental regulations, registration, or zoning in Lee County, particularly in the Town of Fort Myers Beach, here are the key contacts and resources:

Town of Fort Myers Beach

• Email: STR@fmbgov.com
• Phone: (239) 765-0202
• Address: 2525 Estero Blvd, Fort Myers Beach, FL 33931
• Website: https://www.fortmyersbeachfl.gov/1024/Short-Term-Rentals

The town's website provides comprehensive information on the short-term rental registration process, required documents, fees, and the code of conduct. You can also find the registration form and search the short-term rental registry.

24-Hour Hotline for Short-Term Rental Violations

Phone: (435) 787-4357 or (239) 778-1171

If you need to report a short-term rental violation, such as noise complaints or unregistered rentals, call the 24-hour hotline numbers provided by the Town of Fort Myers Beach.

Lee County Tourist Development Tax Office

• Phone: (239) 533-8851
• Email: touristtax@leeclerk.org
• Website: https://www.leeclerk.org/i-want-to/ask/frequently-asked-questions/tourist-development-tax

For questions related to the Lee County Tourist Development Tax, which all short-term rentals must collect and remit, contact the Inspector General's Tourist Tax Office. Their website also provides a helpful FAQ section.

Online Communities for Short-Term Rental Hosts

Connecting with other short-term rental hosts in Lee County can be a valuable resource for navigating local regulations and sharing best practices. Some active online communities include:

• BiggerPockets Fort Myers Forum: https://www.biggerpockets.com/forums/737-fort-myers-real-estate-forum
• Airbnb Community Center - Florida Hosts: https://community.withairbnb.com/t5/Florida/bd-p/fl
• SWFL Real Estate Investors Association: https://www.swflreia.com/
• Reddit - /r/AirBnB: https://www.reddit.com/r/AirBnB/

While these communities are not specific to Lee County, they provide a platform to connect with fellow hosts, ask questions, and stay updated on regulatory changes impacting the short-term rental industry in Florida.

By utilizing these contacts and resources, you can ensure compliance with Lee County's short-term rental regulations and successfully operate your rental business. Remember to stay informed, as local laws and ordinances are subject to change.

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

Airbnb hosts in Lee County have shared their experiences and thoughts on local short-term rental regulations on various online forums. Here are some notable examples:

Reddit - /r/AirBnB: In a thread titled "VRBO Host/Owner Customer Service Nightmare," a Lee County host expressed frustration with VRBO's tax collection and remittance process. They mentioned that VRBO stopped remitting sales taxes directly to Lee County and Florida, forcing the host to file each month separately. This highlights the complexity of navigating local tax regulations for short-term rentals.

BiggerPockets Forum: In a post titled "Anyone have experience renting per room in lee county FL," a host shared their experience with code enforcement in Fort Myers. They had been renting out individual rooms in a 5-bedroom house but were told by code enforcement that they could only have one family in the house. The host was seeking clarification on an ordinance allowing up to 4 unrelated persons in a single-family residence. This showcases the challenges hosts face in understanding and complying with local zoning laws.

BiggerPockets Forum: Another post titled "First Hand Experience withShort-term/Seasonal Rentals in Florida?" discussed the restrictions imposed by condo associations and HOAs in the Naples area of Lee County. The host found that many had 30-day minimum lease requirements and limited the number of rental turns per year. They were considering investing in a single-family home or small multi-unit property to have more flexibility with lease structures and the ability to do weekly rentals.

BiggerPockets Forum: In a post titled "Looking to purchase first STR in Fort Myers, FL area," an investor was seeking advice on buying their first short-term rental in Fort Myers. A commenter noted that Lee County is a great place to buy properties for short-term rentals, particularly in the Fort Myers/Cape Coral area. However, they cautioned that some people have pulled out due to regulatory challenges, making it important to check if specific properties allow short-term rentals.

These examples demonstrate that Airbnb hosts in Lee County face various challenges related to local regulations, including tax collection, zoning restrictions, HOA rules, and understanding which properties are eligible for short-term rentals. Hosts often turn to online communities to seek advice, share experiences, and navigate the complex regulatory landscape.

It's clear that while Lee County offers attractive opportunities for short-term rental investments, hosts must thoroughly research local regulations and carefully consider the specific rules that apply to their properties. Engaging with experienced hosts and investors in online forums can provide valuable insights and help navigate the challenges of operating a short-term rental in Lee County.

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.