Florida/Cape Canaveral New Ordinances

[Jordan-And-Alex0]

Are there any Cape Canaveral/Cocoa beach owners out there? CC is trying to enact a new set of ordinances that are far beyond reasonable and would it make it impossible for out-of-town hosts to own property beyond many other things that put us close to hotel requirements

Part of the new ordinances include things such as:

• the mandatory physical presence of the owner within 60 minutes
• pre-check of guests for sexual predators/offenders
• additional 3-year house logs with detailed/personal information on guests
• limiting occupancy of rental homes by bedrooms (no more than 2 people per bedroom)
• fines enacted if the vacation rental owner is not available 24/7 for local enforcement personnel
• additional fees and licenses for vacation rental owners BEYOND city, county, and state taxes, business license, and DPPR license
• limits on the occupancy of vacation rental owner family to not more than 4 people
• limitations on renting individual rooms
• physical presence for yearly inspections
• safety requirements set forth that go beyond any rental including draft plans of parking, building sketches, floorplans, and exterior site sketches
• pointless claims that ordinances enacted are due to vacationers causing danger to the city during national disasters etc

[Don3679]

@Jordan-And-Alex0  Here is the final ordinance, which takes affect Oct. 1, 2021. I have a duplex on Monroe Avenue and live in Michigan, so I've been watching this closely. The final version differs from your post. For example, we have to keep a log of past 3-years worth of rentals, but only dates and number of guests. No other info. Same for physical presence. Either owner or an owner's agent have to be available. I have a handyman who lives around the corner, so I have to register him as my agent to respond to inspection requests, etc. But you are spot on with the additional fees. It's their way of putting up speed bumps for property owners to maximize returns on investment. If it gets too difficult, I'll just convert to a long-term rental and then most of the new rules do not apply. - DW

https://library.municode.com/fl/cape_canaveral/ordinances/code_of_ordinances?nodeId=1073595

[David8221]

To follow up on the new ordinance in Cape Canaveral, I just got off the phone with City Hall and you do not have to register if you are doing one month or longer stays, they are trying to crack down on daily and weekly rentals. If you have any concerns call Cape Canaveral tax receipts, it was somewhat hard to get it out of her that they are cracking down on one day and weekly rentals, but if you ask that specific question they have to tell you. 

[Jordan-And-Alex0]

Hi David,

what exactly did they tell us. I mean rental is rental and so are tax receipts. I have all my business tax receipts and pay everything, but I am wondering why / how the cut off is made.

[Jordan-And-Alex0]

That reminds me, I got a notification letter, but nothing yet in regards to actually registering with that third party provider.

[David8221]

Hi Jordan, The difference between short-term rental and vacation rental is a vacation  rental  is 30 days or less, a short-term rental is 31 days or more, the wording is very tricky, however  you can switch to short-term rental to avoid the bureau cratic hoops, that's what we are doing going to the 31 days Plus to avoid the invasive procedures that they are requiring people to do along with the hefty fees involved. Also you will need to dispute your notification to get off of the list ,if you decide to go with the short-term rental like I did for 31 days or more, he decided to keep renting for less than you will need to register and go through all the fees and hoops and logs and inspections and be available within the hour and a sign an agent and a bunch of things they want you to do I hope this clears this up some what for you

[GobedoandStay0]

Hi David, thanks for all the insight regarding this. I have 3 homes in the area and am just coming aware of this. If you don't mind clarifying - Where in the ordinance are these hefty fees? 

[GobedoandStay0]

Can someone break down the "additional fees" portion of things? I have 3 units that I am operating in the area and would love to know how the additional fees will work. and how this is a detriment to running the business. 

[Christopher1366]

Hi I am considering purchasing a home in cape Canaveral and I was wondering if one of you would be kind enough to reach out to me. I have some questions about the rental ordinances and how they are enforced. My email address is cflint.flhi@gmail.com 

[Marc823]

None of it is really a big deal other than the cost of the actual registration is too high I feel, $300 first year, $200 thereafter, and should be covered by the city if they feel it's in their best interest to have this just like the police force or code enforcement is paid out of tax funds. It's basically like being pre-fined, to pay a police force to monitor and fine you a second time after you've done something wrong. 

So far 9 months after taking effect they still don't seem to be policing much as there are typically a few hundred properties listed with less than 7 day minimums so it makes it more difficult for the rest of us to get booked if we're following the law.

[Dorea1]

I thought there was a Florida State statute preventing municipalities from further restricting short term rentals and I believe that law was passed in 2012 or there abouts.

[Marc823]

2011 and 2014 actually, but yes there is. However, Cape Canaveral's 7 day minimum has supposedly been in place "for decades." I've even seen references to being made in the 80's. I can't find the actual date or anything about it but they've apparently been sued by someone and won in recent years because of it so I assume it to be legit.

[Mel-and-Lisa0]

I just received a letter from City Council that enforces a minimum of 7 night or we will be fined. The local residents are not fond of Airbnb. We have always had minimum 3 nights for years. So I had to change the calendar to 7 night minimum. No booking in the past month. Anyone else receive a notice yet? I’m ready to go to City council but need help to get 3 nights. 

[Mel-and-Lisa0]

That’s crazy.

I have a Airbnb in Cape Canaveral Florida.
The city has put a 7 night minimum on stays. If you have received the letter from the code enforcement please let me know. It’s really ridiculous that you can stay in the “few” hotels in the area where you can walk in and get a room for 1 night. Airbnb does background checks to protect you, hotels don’t. Your family can’t enjoy the beauty of the beach, cruise ships and even Disney without breaking the bank. I’m hoping I can get enough host together to go to the county commissioner.
If you get the letter you will be forced to change your calendar or get a big fine.

Empty days on my calendar for sure!