Tampa STR zoning/licenses

[Maylin Cuello]

Hi there! 

I am trying to get my home listed on Airbnb and I am having some trouble understanding the zones in hillsborough county. From my understanding the city of Tampa (which I am within the limits of) doesn’t have any restrictions on STRs however the county does depending on zoning. I looked up my zone on the county website and I am having trouble understanding, I am not seeing any “zone” code other than flood zone. What I do see is a land use code. Is this the zoning code?

Also, as far as licenses needed to run the STR (which I am doing as a DBA not LLC), do I need to apply for a county license? I already applied for the Florida state vacation rental license just not sure if I need to fill a county application. Some sources I've read say that I do, however aren't specific about what application. Other sources don't even mention a county license for STRs in hillsborough.

Any help on this matter would be great! Thank you 

[John Underwood]

Quote from @Maylin Cuello:

Hi there! 

I am trying to get my home listed on Airbnb and I am having some trouble understanding the zones in hillsborough county. From my understanding the city of Tampa (which I am within the limits of) doesn’t have any restrictions on STRs however the county does depending on zoning. I looked up my zone on the county website and I am having trouble understanding, I am not seeing any “zone” code other than flood zone. What I do see is a land use code. Is this the zoning code?

Also, as far as licenses needed to run the STR (which I am doing as a DBA not LLC), do I need to apply for a county license? I already applied for the Florida state vacation rental license just not sure if I need to fill a county application. Some sources I've read say that I do, however aren't specific about what application. Other sources don't even mention a county license for STRs in hillsborough.

Any help on this matter would be great! Thank you 

 I would call the city and county and get this information directly from the people that enforce it.

[Andrew Steffens]

The county's "law" is actually invalid and not enforced.  I believe it was 2014 where the state handcuffed local governments from passing new laws or changing old laws in regards to frequency and duration of rental periods.  Hillsborough county passed their law in 2019 and while illegal has been effective.  When people call the county and ask about rental regulations they are told there is a 7 night minimum and people abide, or opt for long term rentals, etc.

We have about 40 rentals in Hillsborough County.  Only once did they send a sort of warning letter stating the law.  There was no enforcement, and when we called and mentioned to them above, they just told us to disregard it.  If they were to enforce it with a fine or other enforcement mechanism, they would be sued and a court would strike down the law.  Since they do not enforce it, it cannot be challenged, and therefore will not be removed.

https://www.avalara.com/mylodgetax/en/blog/2022/05/state-of-...

[Maylin Cuello]

Thank you Andrew, so I did read about the whole ordeal they have with considering airbnbs hotels and their minimum 7 night stay etc. I  am zoned for residential and wanted to make sure I wasn’t going wayyy out of order with Airbnb in a residential zone. 

Would you happen to know if I would still need to register with the county? I already filed the license application with the state, but read somewhere that hillsborough also requires you to apply for some sort of tax ID. 

[Andrew Steffens]

Quote from @Maylin Cuello:

Thank you Andrew, so I did read about the whole ordeal they have with considering airbnbs hotels and their minimum 7 night stay etc. I  am zoned for residential and wanted to make sure I wasn’t going wayyy out of order with Airbnb in a residential zone. 

Would you happen to know if I would still need to register with the county? I already filed the license application with the state, but read somewhere that hillsborough also requires you to apply for some sort of tax ID. 

 You need to register with the state and county taxation departments and remit taxes, that is all!

[Michael Baum]

I don't recommend violating the STR regs. Keep it above board.

[Peter Kapner]

This is the reply I received when I asked about regulation in Hillsborough county in Jan of 2024:

Thank you for contacting Hillsborough County Zoning. The subject property is in RSC-6 zoning. This zoning district allows for one single-family conventional home. If by STR you are meaning Short Term Rental, the minimum rental period in unincorporated Hillsborough County is seven days. That is by definition of a dwelling unit from Article XII in the Land Development Code which I have included below.

Dwelling Unit: A room or groups of rooms forming a single independent habitable unit that is used for, intended to be used for, or may be used for, living, sleeping, sanitation, cooking, and eating purposes by one family only; for owner occupancy or for rental, lease, or other occupancy on a weekly or longer basis.A dwelling unit shall contain an individual kitchen, as defined herein, sanitary and sleeping facilities. Access from the sleeping areas in the dwelling unit to the living, sanitation, cooking, and eating areas must be internal to the dwelling unit. Any detached structure, or any portions of a structure that cannot be accessed internally from within the structure, which does not meet the facilities requirements for a dwelling unit as described herein may not be utilized for living or sleeping purposes, including guest visits, at any time.

[Collin H.]

Quote from @Andrew Steffens:

The county's "law" is actually invalid and not enforced.  I believe it was 2014 where the state handcuffed local governments from passing new laws or changing old laws in regards to frequency and duration of rental periods.  Hillsborough county passed their law in 2019 and while illegal has been effective.  When people call the county and ask about rental regulations they are told there is a 7 night minimum and people abide, or opt for long term rentals, etc.

We have about 40 rentals in Hillsborough County.  Only once did they send a sort of warning letter stating the law.  There was no enforcement, and when we called and mentioned to them above, they just told us to disregard it.  If they were to enforce it with a fine or other enforcement mechanism, they would be sued and a court would strike down the law.  Since they do not enforce it, it cannot be challenged, and therefore will not be removed.

https://www.avalara.com/mylodgetax/en/blog/2022/05/state-of-...

I wouldn't hang my hat on that. Just because code isn't being enforced doesn't mean it isn't enforceable. Counties and municipalities have unfettered ability to zone and re-zone areas as they see fit. There is a mountain of case law behind that, too.  It is their sandbox. 

[Andrew Steffens]

@Collin H.

Not in the state of Florida they don’t.

[Collin H.]

Quote from @Andrew Steffens:

@Collin H.

Not in the state of Florida they don’t.

It is one thing to breach code on your own investments, and quite another to advise someone else to do the same.   

[Andrew Steffens]

Quote from @Collin H.:

Quote from @Andrew Steffens:

@Collin H.

Not in the state of Florida they don’t.

It is one thing to breach code on your own investments, and quite another to advise someone else to do the same.   

 Im sorry, do you operate in FL?

Florida state law does not allow local governments to ban short-term rentals entirely or regulate the length of stays or their frequency, but local governments may pass rules to control negative effects of vacation rentals. The state law restricting local authority over vacation rentals was originally passed in 2011, and local short-term rental laws passed before June 1, 2011, are still valid.

https://www.avalara.com/mylodgetax/en/blog/2022/05/state-of-...