Attestation, terms, conditions, and acceptance of vacation rental standards

As the applicant for this Certificate of Use for a vacation rental, I attest to the following facts and accept and acknowledge the following terms, conditions, and vacation rental standards:

•   I am the property owner, or I have the permission of the property owner and authority to offer the property as a vacation rental and act as the responsible party;

Regarding Licenses, Taxes and Insurance:

•   I have reviewed information explaining that using the property as a vacation rental could result in loss of the Homestead Exemption, and have provided such information to the property owner;
•   Insurance coverage will be in effect at all times while the property is being used as a vacation rental to cover liability for injury or harm to transient occupants or other invitees, and I acknowledge that a standard homeowner's or renter's insurance policy may not necessarily provide such liability coverage while the property is used as a vacation rental;
•   The vacation rental is registered with the Florida Department of Revenue, or successor agency, for purposes of collecting and remitting applicable state taxes and all such state taxes have been, or will be, paid;
•   I am, or will be, remitting all applicable local Miami-Dade County business and tourist taxes; or that a peer-to-peer or platform entity through which vacation rentals are booked will be remitting all such taxes associated with the vacation rental on my behalf;
•   I am, or will be, remitting all applicable local Miami-Dade County business and tourist taxes; or that a peer-to-peer or platform entity through which vacation rentals are booked will be remitting all such taxes associated with the vacation rental on my behalf;
•   A vacation rental license, issued by the Florida Department of Business and Professional Regulation, or successor agency, must be or will be obtained prior to inspection;
•   I shall maintain all required licenses, records, and other documentation sufficient to demonstrate that the statements and information required above are true and accurate. All such licenses, records, and other documentation shall be provided upon inspection or request, and failure to do so may result in the denial, suspension, or revocation of the Certificate of Use;

Responsible Party’s Duties:

•   As the responsible party, I am responsible for ensuring compliance with all regulation related to vacation rentals and available to respond 24 hours per day, 7 days per week to any issue that arises relating to the vacation rental;
•   I will provide written notice to transient occupants prior to occupancy of the vacation rental of the vacation rental standards applicable laws, ordinances, regulations concerning noise, public nuisance, vehicle parking, solid waste collection, and common area usage. This information will also be made available inside the vacation rental property;
•   At the time of property listing, I will provide notice to prospective transient occupants of any limitations on the property pertaining to access for the disabled;
•   I have provided notice to the homeowner’s association or condominium/cooperative association or board, if any, that the subject property will be used as a vacation rental and adhere to all policies, rules and regulations of the association or board;
•   I will ensure compliance with all provisions of the vacation rental standards and promptly address and report any known violations to the Department of Regulatory and Economic Resources or law enforcement as appropriate, as well as to the peer-to-peer platform;
•   I have checked the property’s Comprehensive Development Master Plan (CDMP) land use designation. I am aware that if the property on which a vacation rental is operated is designated as Estate or Low Density residential on the CDMP, the property owner or responsible party must reside there for more than six months per calendar year. The rental of the property may occur at the same time that the property owner or responsible party is residing there;
•   I will not place any advertisements or signs that are not permitted by the regulations in the code applicable to the relevant zoning district;
•   Pursuant to Sections 280, 281 and 283 of Chapter 21 of the Code of Miami-Dade County, I am aware that if the vacation rental property is within 2,500 feet of a school, the responsible party is required to obtain confirmation of a nationwide search from the Miami-Dade County Police Department or other law enforcement agency that the prospective transient occupant is not a sexual offender or sexual predator. I am aware that I may call the Miami-Dade County Answer Center (311) to obtain assistance or referrals to determine whether a prospective transient occupant is a sexual offender or predator and determine whether a residence is 2,500 feet from a school;
•   I will maintain a register with names and dates of stay of all guests, including their invitees, which will be available for inspection by the County;

Vacation Rental Standards:

•   Maximum overnight occupancy (from 10:00 pm until 7:00 am) shall be up to maximum of two persons per bedroom, plus two additional persons per property, up to a maximum of 12 persons. At all other times, maximum occupancy shall not exceed the maximum overnight occupancy plus four additional persons per property, up to a maximum of 16. Children under three years of age are excluded from occupant load. At no time may the occupancy exceed the maximum occupant load for the property under the Florida Building Code;
•   Pursuant to Section 15-5 of Chapter 15 of the Code of Miami-Dade County, solid waste containers sufficient to handle the maximum occupancy permitted shall be available and maintained. All regulations regarding screening, storage, and placement for collection shall also apply to vacation rentals as required by the Code;
•   All vehicles associated with the vacation rental shall be parked within a driveway or in a designated parking on the subject property. Where there is no such driveway or designated parking area, vehicles shall only be parked on the street or swale directly in front of the subject property. Transient occupants shall not be permitted to park more than two vehicles at any one time on the subject property or on the street or swale during the rental period. All parking must comply with Article VII of Chapter 33 of the Code of Miami-Dade County;
•   Pursuant to Section 21-28 of Chapter 21 of the Code of Miami-Dade County, all transient occupants are prohibited from unreasonably loud, excessive, unnecessary, or unusual noise. In addition, outdoor amplified sound at a vacation rental shall not be permitted at any time;
•   The responsible party and all transient occupants shall abide by all applicable state and local public nuisance laws and ordinances, including but not limited to, Sections 823.05 and 823.10 of the Florida Statutes and Article XIIIA of Chapter 2 of the Code of Miami-Dade County, which prohibits any place or premise from being used as the site for the unlawful sale or delivery of controlled substances, prostitution, youth and street gang activity, gambling, illegal sale of consumption of alcoholic beverages, or lewd or lascivious behavior;
•   If pets are permitted by the responsible party at the vacation rental, such pets shall be at all times secured within the property lines or on a leash, but shall not be tethered. Continual nuisance barking by pets is prohibited. The keeping of pets shall be subject to the regulations of Chapter 5 and Chapter 33 of the Code of Miami-Dade County;
•   If there is a swimming pool onsite, the responsible party shall ensure that the swimming pool has in place at least one of the pool safety features listed in Section 515.27 of the Florida Statutes, (i.e. pool safety barrier, pool safety cover, pool alarm, or door latch/alarm) prior to use of the property as a vacation rental by any person under the age of six. The responsible party shall be deemed to have complied with this provision if the pool safety feature is put in place at the time that property is turned over to any transient occupant occupying the vacation rental. This provision does apply to a vacation rental with a community swimming pool onsite, such as condominium. Compliance with this provision shall be in addition to compliance with Section 33-12 of Chapter 33 of the Code of Miami-Dade County pertaining to swimming pool fences.
•   The responsible party and all transient occupants shall comply with all other applicable local, state, and federal laws, regulations, rules, and standards, including, but not limited to, those pertaining to anti-discrimination, disability, and fair housing to the extent applicable.

Regarding the Vacation Rental Certificate of Use:

•   Upon the issuance or renewal of a Certificate of Use, the vacation rental property shall be subject to inspection to ensure compliance with all applicable code requirements. At the time of such inspection, the responsible party shall provide all licenses, records, and other documentation sufficient to demonstrate compliance with all requirements.
•   The Certificate of Use shall be renewed annually. A Certificate of Use may not be renewed if there are any outstanding fines or liens for violations of this code.
•   The Certificate of Use shall be available in a location that is clearly visible to guests within the vacation rental.
•   Providing false or misleading information in an application for a Certificate of Use is grounds to deny or revoke the Certificate of Use. A determination that false or misleading information was provided in an application is appealable to a hearing examiner in accordance with the procedures set forth in Chapter 8CC and Section 1-5 of Chapter 1 of the Code of Miami-Dade County.
•   Violating this Section of the Code will result in immediate citation.