Would it be wrong for me to ask an owner for his Florida license for the ability to rent his home? Then report him/her if they do not have one?
I read the rules for each county on vacation rentals. Sumter county has no regulations. Lake County you must have a license in addition to Florida license. Marion County you have to register your rental and pay yearly taxes. No city rules that I could find.
There is no doubt that renting a home is by DEFINITION A PROFESSIONAL BUSINESS. A license is required, Sales Tax must be collected and sent to the Department of Revenue, and a Florida Tangible Tax Return must be filed. 100% a business! However, Florida or no county has banned them including those that are rented out for only one, two, or several days. The law is written specifically to include short-term rentals.
Right now, It seems all we can do is report offenders who have no license to operate a rental property. If we report them, perhaps the offender will get shut down and fined. They will also get fined for not filing a Florida Tangible Tax Return. (yes, businesses get taxed in Florida)
There may be specific rules for posting your license on the premises. I didn't get that far.
If you still believe it is a violation of our deed restrictions, I believe we have a civil case. Florida clearly defines a rental property as a BUSINESS and taxes them accordingly. We do not need a lawyer to prove it. However, the judge may rule the deed restriction is not enforceable because it violates Florida Law. You can try! The people with the white cross law ornament lost even though stopping religious practice is against federal law.
Sorry guys, I am not a lawyer. But, I have owned businesses in Florida. Rental properties are UNDER LAW a business in Florida. If you are required to have a license, collect sales tax, and file a Tangible Tax Return, you have yourself a business.
Last edited by margaretmattson; 08-01-2023 at 12:38 AM.
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