Pinecrest Short-Term Rental Regulation: A Guide For Airbnb Hosts

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

The Village of Pinecrest, Florida, has specific regulations governing short-term vacation rentals through platforms like Airbnb and VRBO. These rules are outlined in Division 5.32, "Vacation Rentals," of Chapter 30 of the Village of Pinecrest's Code of Ordinances.

Starting a Short-Term Rental Business in Pinecrest

Property owners who want to rent out their homes on a short-term basis in Pinecrest must first register with the Village's Building and Planning Department. The registration process requires:

• Paying an $800 registration fee
• Providing contact information for the owner and property manager
• Designating a responsible party to respond to any issues 24/7
• Passing inspections for compliance with building, fire, and other codes

Once registered, vacation rental operators must follow occupancy limits, parking restrictions, and other rules. Fines for violations start at $500 per day.

Despite the regulations, some Pinecrest homeowners have run into issues with short-term renters. In one case, a homeowner leased her property to a company called VACAYO, believing it would be used for corporate rentals. Instead, large groups rented the home for parties, leading to neighbor complaints and fines from the city. The homeowner had to go through a lengthy eviction process to remove the tenant.

Pinecrest's restrictions reflect a broader debate in South Florida over how to regulate short-term rentals. While proponents argue that rentals provide income for homeowners and lodging options for visitors, critics worry about the impact on neighborhood character and quality of life. Cities like Miami Beach prohibit short-term rentals entirely in residential areas.

For Pinecrest property owners considering renting on Airbnb or VRBO, carefully review the city's rules and registration process. Failing to comply can lead to substantial fines. Some argue the steep registration fee makes short-term renting cost-prohibitive for many homeowners.

Short-Term Rental Licensing Requirement in Pinecrest

Property owners who want to offer short-term vacation rentals in Pinecrest must register their properties with the Village's Building and Planning Department and obtain a Certificate of Compliance. The registration process involves several steps and fees:

1. Submitting a completed Vacation Rental Registration application, including proof of ownership, an approved fire inspection report, and a copy of the rental agreement
2. Paying an $800 registration fee, plus additional fees for annual renewals and compliance inspections
3. Obtaining a Local Business Tax Receipt from both the Village of Pinecrest and Miami-Dade County
4. Providing proof of licensure or exemption from the Florida Department of Business and Professional Regulation for transient lodging
5. Designating a local responsible party who can respond to issues at the property 24/7

Once all requirements are met, the Village will issue a Certificate of Compliance that must be renewed annually. The steep $800 registration fee has drawn criticism from some residents who argue it makes renting cost-prohibitive for many homeowners.

Failing to register a short-term rental property can result in fines of $250 per day. The Village also has the authority to suspend or revoke a Certificate of Compliance if the owner, responsible party, or guests violate any provisions of the vacation rental ordinance or other applicable laws.

The licensing requirements are part of Pinecrest's effort to regulate the growth of Airbnb and other short-term rentals in the village's residential neighborhoods. Officials say the rules aim to mitigate potential negative impacts like noise, parking issues, and frequent turnover of guests unfamiliar with the area.

Required Documents for Pinecrest Short-Term Rentals

To register a short-term vacation rental property in Pinecrest, owners must submit several required documents along with their completed Vacation Rental Registration application. These include:

1. An approved inspection report from the Miami-Dade County Fire Rescue Department verifying the property complies with fire safety criteria for transient lodging use. This ensures the rental meets basic fire code standards.
2. Proof of ownership of the property, such as a deed or tax record, including the name, address and phone number of each person or entity with an ownership interest. This establishes legal ownership.
3. A valid and current federal employer tax ID number (EIN) or social security number for the property owner(s). This is needed for tax reporting purposes.
4. Proof of registration with the Florida Department of Revenue for sales tax collection and the Miami-Dade County Tax Collector for Tourist Development Tax, or proof of exemption from these requirements. Short-term rentals must collect and remit applicable taxes.
5. Proof of licensure or exemption from the Florida Department of Business and Professional Regulation for operation as a transient public lodging establishment. State law requires vacation rentals to have a license.
6. A copy of the rental/lease agreement that will be used with tenants. The city wants to review the rental contract terms.
7. Proof of liability insurance coverage for the rental operations. Proper insurance is important to protect owners and guests.
8. A Pinecrest Local Business Tax Receipt. All businesses operating in Pinecrest, including short-term rentals, need a local business license.

Submitting a complete application with all required documents helps ensure the registration process goes smoothly. The Pinecrest Building and Planning Department reviews applications for completeness before issuing a Vacation Rental Certificate of Compliance that must be renewed annually. Failing to provide the required information can result in the rejection of the registration application.

Pinecrest Short-Term Rental Taxes

Short-term vacation rental owners in Pinecrest are required to collect and remit several taxes on their rental income. These include:

1. Florida Sales Tax: The state sales tax rate is 6%, which applies to the total rental amount, including any cleaning fees. Owners must register with the Florida Department of Revenue to collect and remit this tax monthly.
2. Miami-Dade County Tourist Development Tax: Also known as the "bed tax," this is an additional 6% tax on short-term rentals. The funds go towards promoting tourism in the county. Owners must register with the Miami-Dade Tax Collector's Office to pay this tax monthly.
3. Pinecrest Local Business Tax: Short-term rental operators must obtain a Local Business Tax Receipt from the Village of Pinecrest. The tax amount varies based on the rental's total gross receipts, starting at $27.50 for receipts up to $5,000.
4. Federal Income Tax: Rental income is generally subject to federal income tax. Owners can deduct certain expenses like mortgage interest, property taxes, insurance, repairs, and depreciation to offset some of the rental income. Keeping detailed records is important for tax purposes.
5. State Income Tax: Florida does not have a state income tax, so short-term rental owners do not need to pay state income tax on their rental earnings.

It's important for short-term rental owners to understand and comply with all applicable tax requirements. Failing to collect and remit taxes can result in penalties and interest charges. Some vacation rental platforms like Airbnb and VRBO offer to collect and pay some taxes on behalf of owners, but owners are ultimately responsible for ensuring compliance with all tax obligations.

Consulting with a tax professional familiar with short-term rental regulations can help owners navigate the various tax requirements and avoid potential pitfalls. Proper tax planning and reporting is a key part of running a successful and compliant short-term rental business in Pinecrest.

Florida Wide Short-Term Rental Rules

The Florida Legislature recently passed a bill establishing statewide regulations for short-term vacation rentals. If signed into law by Governor Ron DeSantis, the new rules would take effect July 1, 2024. Key provisions include:

1. Creation of a statewide registry for all vacation rental properties. Hosts will be required to register their short-term rentals with the state.
2. Allowing local governments to require inspections and charge reasonable permit fees for short-term rentals. Cities and counties may make passing an inspection a condition of obtaining a rental permit.
3. Setting occupancy limits of up to two people per bedroom, plus two additional people in one common area. Limits can be higher if bedrooms provide at least 50 square feet per person.
4. Enabling local authorities to designate a local contact person who must be available 24/7 to respond to issues at the property.
5. Allowing local governments to suspend rental licenses after 5 violations of general laws within a 30 or 60-day period or after 2 prior suspensions.
6. Requiring short-term rental platforms like Airbnb and Vrbo to collect and remit state lodging taxes on behalf of hosts. Platforms must also include registration numbers on listings and share host information with the state.

The bill grandfathers in local regulations passed before June 1, 2011, that may be more restrictive. It also preserves some local government powers to regulate issues like noise, parking, and trash collection.

If the legislation becomes law, short-term rental operators across Florida will need to closely track the new requirements and ensure their properties are properly registered, licensed, and following all state and local rules. With oversight and enforcement likely to increase, hosts should be prepared for potential inspections, occupancy restrictions, and tax collection changes in the coming months and years.

Does Pinecrest Strictly Enforce STR Rules?

Based on discussions from real estate investing forums like Bigger Pockets and Reddit, it appears that Pinecrest does strictly enforce its short-term rental regulations compared to many other cities in Florida. The village's $800 registration fee, inspection requirements, and potential fines of $250-500 per day for violations seem to deter many would-be Airbnb hosts from operating illegally.

While some cities turn a blind eye to unregistered vacation rentals, Pinecrest is known for actively monitoring listings on platforms like Airbnb and VRBO. Code enforcement officers will investigate properties suspected of unauthorized short-term renting. Neighbors also frequently report illegal rentals, as many residents want to preserve the quiet residential character of Pinecrest neighborhoods.

As a result, Pinecrest is not considered a very "Airbnb friendly" location compared to tourist hotspots like Miami Beach or Orlando that have embraced vacation rentals. The steep registration costs and strict oversight make it difficult to profitably operate STRs, especially for owners who only want to occasionally rent out their properties.

Some hosts admit to trying their luck with unregistered rentals in Pinecrest, but most say it's not worth the risk of getting caught and facing hefty fines. The general consensus is that investors are better off looking elsewhere in South Florida if they want to run short-term rentals, as Pinecrest's ordinances and enforcement make it one of the tougher markets for Airbnb. Long-term rentals tend to be a safer and easier option in the village.

So in summary, while illegal short-term rentals likely still occur in Pinecrest to some degree as in most cities, the village's strict rules and active enforcement efforts appear to be fairly effective at minimizing the number of hosts operating under the radar. Pinecrest has a reputation as an unfriendly market for Airbnb compared to other South Florida communities.

How to Start a Short-Term Rental Business in Pinecrest

If you're interested in starting a short-term rental business in Pinecrest, Florida, here are the key steps to follow:

1. Research the local short-term rental regulations thoroughly. Pinecrest has specific rules outlined in Division 5.32, "Vacation Rentals," of Chapter 30 of the Village Code of Ordinances. Familiarize yourself with the registration process, fees, inspection requirements, and operating rules.
2. Crunch the numbers and create a business plan. Estimate your potential income and expenses, including the $800 registration fee, property costs, furnishings, utilities, taxes, and insurance. Determine if short-term renting will be profitable for your situation.
3. Choose an optimal rental property in Pinecrest. Consider factors like location, size, amenities, and proximity to attractions. Decide if you will purchase a property or rent one to sub-lease on Airbnb and VRBO.
4. Register your short-term rental with the Village of Pinecrest Building and Planning Department. Submit a completed Vacation Rental Registration application along with required documents like proof of ownership, an approved fire inspection report, a business tax receipt, and liability insurance.
5. Prepare the property for guests. Furnish and stock the rental according to Pinecrest's occupancy limits. Decide if you will manage the property yourself or hire a property manager. Create a system for cleaning and maintenance between guest stays.
6. List your rental on platforms like Airbnb and VRBO. Craft an enticing listing with high-quality photos, an accurate description, and a competitive nightly rate. Establish your house rules and booking settings.
7. Manage bookings, communication, and reviews. Use vacation rental software to streamline reservations and guest interactions across multiple booking sites. Maintain a high level of customer service to earn positive reviews and repeat business.
8. Comply with ongoing Pinecrest short-term rental regulations. Properly register guests, ensure occupancy limits are followed, and respond quickly to any neighbor complaints. Renew your registration annually and schedule required compliance inspections.

With careful planning and execution of these steps, you can launch a successful short-term rental business in Pinecrest. Just be prepared for the strict local regulations and high registration costs compared to other South Florida cities.

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

For questions or assistance regarding Pinecrest's short-term rental regulations, registration process, and zoning requirements, you can contact the following:

Planning and Zoning Department
Phone: 305-234-2121
Email: codecompliance@pinecrest-fl.gov

Specific contacts within the department include:

1. Stephen R. Olmsted, AICP - Planning Director
2. Ana Caceres - Administrative Assistant to the Planning Director

The Planning and Zoning Department handles all vacation rental registrations, inspections, and enforcement of the village's short-term rental ordinance. They can provide information on the application process, required documents, fees, and operational rules that vacation rental owners must follow.

For general zoning inquiries about permitted uses, setbacks, lot coverage, and other regulations in Pinecrest's residential areas, you can also reach out to the Planning and Zoning staff.

It's recommended to review the Vacation Rental section of the village's website and municipal code first, as it outlines the key requirements. But the Planning and Zoning Department can assist with any other questions or issues related to operating a legal short-term rental in Pinecrest.

Addressing violations, neighbor complaints, or other concerns about unpermitted vacation rentals would also go through this department for investigation and enforcement action when needed.

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

From browsing Reddit and Bigger Pockets forums, here are some perspectives from Airbnb hosts and prospective investors on Pinecrest's short-term rental regulations:

Reddit user on r/Miami: "Pinecrest is not considered a very 'Airbnb friendly' location compared to tourist hotspots like Miami Beach or Orlando that have embraced vacation rentals. The steep $800 registration fee and strict oversight make it difficult to profitably operate STRs, especially for owners who only want to occasionally rent out their properties."

Bigger Pockets post: "I imagine Pinecrest has much less regulations than what's being experienced in the Lake Tahoe region. Still aiming for Tahoe, but exploring Pinecrest as it may have fewer short-term rental restrictions."

Reddit comment: "The County is trying really hard to override Pinecrest's zoning laws to allow denser communities/structures by Dadeland/The Metrorail. But Pinecrest is fighting back by saying it'll 'ruin the character of the neighborhood' and 'bring down property values.'"

Another Redditor: "Even if Pinecrest allowed more rentals, it would just be 'luxury condos' starting at $700k+. The few apartments there save for one complex are all expensive."

In summary, many see Pinecrest as having relatively strict and costly rules around short-term rentals compared to other areas. The $800 registration fee in particular is viewed as a major barrier by some prospective Airbnb investors. However, a few speculate that looser regulations could be on the horizon if denser zoning is approved near the Metrorail stations over local opposition.

Disclaimer: While we here at BNBCalc strive to keep all of our city 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 city 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.