Vacation Rentals -  Short Term Rentals

Vacation rentals, also known as short term rentals, are part of our Island City community.   Florida law preempts local governments from enacting rules that would ban short term rentals. Further, while local governments may regulate certain aspects of vacation rentals they cannot restrict the frequency or duration of rentals.  

Our police department is passionate in our desire to support the peace and tranquility our residents have come to appreciate, and deserve. We remain committed to ensuring vacation rental properties are registered when required by City code, and that these operations and their guests nurture the right “Quality of Life” so everyone can enjoy themselves.  We stand ready to address violations at these properties, or any other property, to support compliance with our codes.  Simultaneously, we remain committed to working with vacation rental operators to support their ventures.  Our team is here to provide education on our City’s codes that support these operations and their guests, and to answer any questions that come to mind.  We remain optimistic our full-time residents and guests at our vacation rentals can co-exist so long as we are all committed to respecting the rights of these operations, and the rights of our residents to live in safe and peaceful conditions as supported by our City’s code, and Florida law.   The following is some information to help you understand vacation rental regulations, vacation rental mapping/identification, how to report suspected violations, and how we can assist our vacation rental operators.  

 
A QUICK UNDERSTANDING OF VACATION RENTAL REGULATIONS

Short-Term Vacation Rentals
Short term rentals, also known as vacation rentals, are governed under Chapter 10 Article XII of our code of ordinances that can be found by clicking HERE. 

Vacation Rental Defined
Vacation rental shall mean any unit or group of units in a condominium or cooperative or any individually or collectively owned single-family, two-family, three-family, or four-family house or dwelling unit that is also a transient public lodging establishment but that is not a timeshare project, as defined in Section 509.242(g) Florida Statutes, as amended.   A vacation rental shall not exceed a four-family house or dwelling unit.

Requirements
Vacation rentals must be licensed by the State of Florida, including registration with the Florida Department of Revenue for tax purposes, and must comply with all applicable state laws.   Vacation rentals must also be licensed with the City of Wilton Manors, and information on applying for a license may be found on the Community Development Services Department section of our website by clicking HERE. 

Registration
It is unlawful for any vacation rental to be advertised, promoted, or operated unless the property owner has registered the vacation rental property with the City of Wilton Manors and has been issued a certificate of compliance.  

Registration Exemptions
Notwithstanding anything contained in our code of ordinances to the contrary, the following rentals are exempt from the provisions of Chapter 10 – Article XIII: 

(1)  A bed and breakfast which has been granted conditional use approval pursuant to Section 050-050 of the ULDR; and 
(2) If the owner of the vacation rental resides on the subject property as their permanent residence.

A person may allow another person to occupy any residential property as a vacation rental without the issuance of a certificate of compliance if: 

(1)  The residential property has an effective and valid license as a vacation rental classification of public lodging establishment issued by  the Florida Department of Business and Professional Regulations prior to June 1, 2016; and,
(2) The residential property is not in violation of any section of the Code of Ordinances of the City of Wilton Manors; and, 
(3) An application for registration of the residential property as a vacation rental has been filed pursuant to Section 10-111 and all applicable fees have been paid; and 
(4) That said occupancy was scheduled prior to June 1, 2016 as evidenced by a written and validly executed rental agreement or contract provided to the Director of Community Development Services or designee no later than August 1, 2016.

Vacation Rental Mapping
For a map of registered vacation rentals located in the City of Wilton Manors, click HERE.  This map is for informational purposes only, and is updated on a quarterly basis.  


FREQUENTLY ASKED QUESTIONS (FAQ's)

How can I see if a property is registered as a vacation rental?
If you believe a vacation rental is operating in your area, and you want to determine if they are registered, go to our vacation rental map by clicking HERE.  Additionally, please visit our Community Development Services Department website to search for a vacation rental license, and any information attached thereto.  Instructions on how to look up a license can be found by clicking HERE.  

I think a vacation rental is operating without a license.   How can I report this to the code compliance unit?  
You can contact our code compliance unit at (954) 390.2157, or email us at codecompliance@wmpd.org to report this information.  We will investigate this property to determine if the property is being used as a vacation rental, and whether or not they require registration. Violations of our registration requirement will be handled through our traditional code enforcement process.  For information about this process, click HERE.  

The activities at a vacation rental are disturbing the peace and quiet of my neighborhood at this very moment.  How do I report this?
For “in-progress” activities such as loud music or parties, contact our non-emergency police dispatch center at (954) 764.4357 (HELP) and request an officer to respond. We encourage you to follow-up with our code compliance team following this event by contacting us at (954) 390.2157, or email us at codecompliance@wmpd.org.  

The activities at a vacation rental disturbed the peace and quiet of my neighborhood for the last three (3) nights.  How do I report this?
To report delayed incidents such as loud music or rowdy parties, contact our code compliance team at (954) 390.2157, or email us at codecompliance@wmpd.org.  

I have unruly guests at the vacation rental property I operate who refuse to leave.  What do I do? 
As an operator, you have the right to evict guests so long as they are reimbursed an amount equal to the time they have yet to stay.  Should a guest decline to leave after being reimbursed, and after being instructed to vacate the property, they are now committing the crime of trespassing.  Please contact our non-emergency dispatch center at (954) 764.4357 (HELP) and request officers to respond, and we will assist you with escorting those trespassing from your property.   

I need to sign up for the Wilton Manors Police Department Trespass Affidavit Program for my vacation rental I operate?  How do I do this?
Please visit the Trespass Affidavit Program section of our website which will provide you with guidance on this process.  


ADDITIONAL REGULATIONS

The following are some of the standards that govern the use of any vacation rental as a permitted use:  

Advertising. The advertising, advertisement or promotion of a vacation rental for one (1) or more days shall constitute prima facia evidence of a vacation rental operation, and the requirements of this Article shall apply.   A vacation rental license shall be obtained prior to any advertising, advertisement or promotion of a vacation rental. 

Age Requirement. At least one person 21 years of age or older must be listed on the rental contract and is required to occupy the vacation rental for the duration of the rental contract. 

Emergency contact/responsible party placard. An emergency contact/responsible party placard shall be mounted on the wall inside the front door. Information on the emergency contact/responsible party placard shall include, but not be limited to, the name of the emergency contact person/responsible party and a telephone number that is accessible twenty-four (24) hours a day seven (7) days a week. 

Fire extinguisher. A portable, multi-purpose dry chemical 2A:10B:C fire extinguisher shall be installed, inspected and maintained in accordance with NFPA 10 on each floor/level of the unit. The extinguisher(s) shall be installed on the wall in an open common area or in an enclosed space with appropriate markings visibly showing the location.  

Local telephone service.  At least one (1) landline telephone or a phone line that has an account registered to the address of the vacation rental property and or transient public lodging establishment, with the ability to call 911 shall be available in the main common area in the vacation rental.  The vacation rental address shall be posted predominantly next to the telephone. 

Maximum gathering.  The maximum number of persons allowed to gather at a vacation rental shall not exceed one and one-half (1½) times the maximum occupants as shown on the certificate of compliance for the vacation rental license. 

Maximum occupancy. The maximum number of occupants authorized to stay overnight at any vacation rental shall be limited to two (2) persons per sleeping room as defined under the Florida Building Code, plus two (2) additional persons that may sleep in a common area

Noise.  All activities at a vacation rental property shall comply with Chapter 21 (Noise Control) of our code of ordinances.  Upon a finding by the Special Magistrate of the first violation of the City’s Noise Ordinance, Chapter 21 of the City of Wilton Manors Code of Ordinances, the vacation rental owner and/or responsible party shall install and maintain a properly functioning noise level detection device or system that automatically alerts the responsible party, in real time, to noise emanating from the vacation rental.  If the noise level detection device or system has a feature to notify the occupant, this feature shall be enabled.  All data produced by this noise level detection device shall be retained for a period of ninety (90) days and which shall be open to inspection to the Chief of Police or designee and the Director of Community Development Services or designee, as provided for by law.

Parking.  Occupants and visitors to the vacation rental shall comply with all relevant parking regulations in Chapter 19 of the City of Wilton Manors Code of Ordinances and other sections of the City of Wilton Manors Code of Ordinances.  In addition, occupants and visitors shall park motor vehicles only on-site on hard surface where the property is designated to accommodate on-site parking.  Off-site parking is prohibited.  Notice of the parking locations allowed and other requirements shall be posted inside the vacation rental.  Violations of this Article may be enforced per individual vehicle violating this Article.   No occupant or visitor to a Vacation Rental or transient public lodging establishment shall park on the swale area or any unpaved right-of-way adjacent to a paved street, which swale area or unpaved right-of-way abuts the property of another single-family dwelling, without the consent of a person entitled to the possession and use of the property abutting the swale area or unpaved right-of-way. No occupant or visitor to a vacation rental or transient public lodging establishment shall park on the street.   All vehicles associated with the vacation rental shall be parked on an off-street hardened surface, as defined in Chapter 19 of the City of Wilton Manors Code of Ordinances, and no more than one (1) vehicle per bedroom is permitted.

Public safety contact placard. A placard containing the City's Police and Fire Department names, and their emergency and non-emergency phone numbers shall be mounted on the wall inside the front door. 

Responsible Party.  Responsible party shall mean a corporation, business, the property owner or the person or company designated by the owner of the property to be called upon to answer for the maintenance of the property and the conduct and acts of occupants of residential properties. The phone number for the responsible party must be answered twenty-four (24) hours a day, seven (7) days a week by the responsible party making the responsible party available to address and coordinate solutions to problems with the rental of the property twenty-four (24) hours a day, seven (7) days a week.  The responsible party shall be situated close enough to the property as to be able to, and shall, respond to emergency calls in person within one (1) hour sixty (60) minutes of notification from the City.  The responsible party shall respond when requested.

Sexual offenders and sexual predators. It is unlawful to allow another person to occupy any residential property as a vacation rental within the City of Wilton Manors, with the knowledge that it will be occupied by a person prohibited from establishing a permanent residence or temporary residence at said residential property pursuant to Section 12-10 of this Code, if such place, structure, or part thereof, trailer or other conveyance, is located within two thousand (2,000) feet of any school, day care center, designated public school bus stop, park playground or other place where children regularly congregate as described in Article II, Chapter 12 of the Code of Ordinances. 

Sleeping rooms. All sleeping rooms shall meet the minimum requirements of the Florida Building Code. 

Smoke and carbon monoxide (CO) detection and notification system. A smoke and carbon monoxide (CO) detection and notification system within the vacation rental unit interconnected, hard-wired, and receiving primary power from the building wiring.  The smoke and carbon monoxide (CO) detection and notification system shall be installed and continually maintained consistent with the requirements of Section R314, Smoke Alarms, and Section R315, Carbon Monoxide Alarms, of the Florida Building Code – Residential.  Any smoke alarm required by this subsection shall meet all standards for new construction that may be contained within the Florida Building Code and/or Florida Fire Prevention Code.

Solid waste handling and containment. For purposes of this Section, no solid waste container shall be placed at curbside for pickup before 6:00 p.m. on the day prior to pick up, and be removed from curbside no later than midnight the day of pickup. 

Swimming pool, spa and hot tub safety. A swimming pool, spa or hot tub shall comply with the current standards of the Residential Swimming Pool Safety Act, F.S. Ch. 515. All fences surrounding pools, spas, or other bodies of water, must have gates that are self-closing/self-latching, and all gates shall remain closed when not in use. 

Trespass Affidavit Program.  Maintain a current and fully executed agreement with the City of Wilton Manors authorizing police officers of the City of Wilton Manors Police Department to issue trespass warnings on behalf of the property owner.  For additional information about this program, click HERE.