Why doesn't Walton County have an system to know were businesses are and what exactly they are doing? Does anyone one know how to find out how many businesses are in Walton County? If so how would I get that information?
If the county issued occupational licences or business licences we could ensure reliable owners and tax payers do not have to compete with illegal aliens or sham artist.
Now before the conservatives get upset, these system can be in place for little or nothing. Five dollars to cover expenses, or if you like free. But it seems that a annnual count of active businesses could help the us understnd our community better.
I would like to see a system of registering rental units to limit or monitor the number of rentals and possibly limit illegal renting of accessory apartments.
Help me to understand the issues by giving some feedback.
Replies
61
SoWal Expert
I think most of that is already easily found on the Florida Department of Business and Professional Regulation website.
Walton County/Florida already requires most businesses to be licensed and short term rentals are also under DBPR and they go after violators because of the tax $ involved.
Is there a specific business or occupation you are concerned about? I would guess it is already one that does require a license.
Walton County/Florida already requires most businesses to be licensed and short term rentals are also under DBPR and they go after violators because of the tax $ involved.
Is there a specific business or occupation you are concerned about? I would guess it is already one that does require a license.
Banned
I think most of that is already easily found on the Florida Department of Business and Professional Regulation website.
Walton County/Florida already requires most businesses to be licensed and short term rentals are also under DBPR and they go after violators because of the tax $ involved.
Is there a specific business or occupation you are concerned about? I would guess it is already one that does require a license.
That's correct. I have seen a spreadsheet listing of Walton County occupational licenesees, but I can't remember how I found it. www.Sunbiz.org doesn't have reliable data on licensees. The DBPR doesn't have all Walton County's occupational licensees.
Beach Lover
The County does NOT require a occupational licenessee. The State of Florida does regulate some bussiness and can be found on the Department of Consumer Services web site. There is still some that are not regulated. The county through vision 20/20 chose to not have one due to the extra burden on the small bussiness.
Beach Lover
$5.00 would be rather negligible even for a small business. The benefits would be a more accurate data collection for the reasons stated above, not to mention the benefit of public safety (fire/EMS) to pre-plan in the event of a hurricane or any other emergency to help protect the community and the business.
Banned
The County does NOT require a occupational licenessee. The State of Florida does regulate some bussiness and can be found on the Department of Consumer Services web site. There is still some that are not regulated. The county through vision 20/20 chose to not have one due to the extra burden on the small bussiness.
How would you term our local license? I know we send $50.00 every year or so for something.
SoWal Expert
I guess I am not understanding what the problem is that requires a new registration/licensing of businesses. I was under the impression that all business had to be licensed or regulated in one form or another - whether for public safety or tax/employment purposes. 
SoWal Expert
I'm more curious about your idea of limiting the number of rental units. Tell us why you think that is a good idea, and what is the right number of units to have?
Beach Lover
Please figure out a way to monitor the illegal renting of properties such as "mother-in-law" suites that were so popular in the late 90's. While there are those who will contend that you are interfering with their private property rights I believe those of us who haved invested in single-family subdivisions also have rights that should be protected. It would be great if everyone would voluntarily comply with the situation they entered rather than assume that once they get in they can change it to their wants.
Banned
I'm more curious about your idea of limiting the number of rental units. Tell us why you think that is a good idea, and what is the right number of units to have?
Doesn't the Accessory Apartment Affidavit attached and regulated by Ordinance 97-28 make it illegal to short or long term rent a carriage house in Sowal?
Banned
ACCESSORY APARTMENT AFFIDAVIT
I _________________________________________, understand that Ordinance 97-28,
of the Walton County Land Development Code, section 6.02.01, allows accessory
apartments in single residential areas under certain circumstances and with certain
restrictions.
I hereby certify that the accessory apartment on my property at:
______________________________________________________________________
will be the only accessory apartment on this residential lot and it will not exceed 800
square feet.
This accessory apartment shall be located and designed not to interfere with the
appearance of the principal structure as a one-family dwelling unit.
This accessory apartment shall not be available for commercial short-term or long-term
rental to any person who is not a family member of the owner of the property.
_____________________________________________________________________
Signature Date
_____________________________________________________________________
STATE OF: _________________________
COUNTY OF: _______________________
Before me, the undersigned Notary Public, in and for said County and State, appeared
_____________________________________________ who is personally known to me
or who has produced _______________________________________ as identification,
and who executed the foregoing instrument. Given under my hand and seal this _____
day of _______________________, ___________.
{Seal}
____________________________
Signature of Notary Publicof the Walton County Land Development Code, section 6.02.01, allows accessory
apartments in single residential areas under certain circumstances and with certain
restrictions.
I hereby certify that the accessory apartment on my property at:
______________________________________________________________________
will be the only accessory apartment on this residential lot and it will not exceed 800
square feet.
This accessory apartment shall be located and designed not to interfere with the
appearance of the principal structure as a one-family dwelling unit.
This accessory apartment shall not be available for commercial short-term or long-term
rental to any person who is not a family member of the owner of the property.
_____________________________________________________________________
Signature Date
_____________________________________________________________________
STATE OF: _________________________
COUNTY OF: _______________________
Before me, the undersigned Notary Public, in and for said County and State, appeared
_____________________________________________ who is personally known to me
or who has produced _______________________________________ as identification,
and who executed the foregoing instrument. Given under my hand and seal this _____
day of _______________________, ___________.
{Seal}
____________________________
Beach Lover
I do not know who you send $5.00 to unless the county has started a fee and did not tell every one as i do not have one. They told me that it was not needed.
I do not see the public safety benifit as if the cops/fire/ems know their area and do the fire inspections every year they know what is in their area and can plan for it. The illigal bussiness will not have a office or a license so you are just costing the legal bussiness more money even if it is just 5.00. But i think the county would charge more like other counties to make a profit as on %5.00 you could not pay someone to take the money.
I do not see the public safety benifit as if the cops/fire/ems know their area and do the fire inspections every year they know what is in their area and can plan for it. The illigal bussiness will not have a office or a license so you are just costing the legal bussiness more money even if it is just 5.00. But i think the county would charge more like other counties to make a profit as on %5.00 you could not pay someone to take the money.
SoWal Expert
I'm not sure why you quoted me for this because my question was regarding why the County should limit the number of rental units, and what was the appropriate number? Also, how should the County enforce it? The County (TDC) would make more money by not limiting rental units (bed tax).ACCESSORY APARTMENT AFFIDAVITI _________________________________________, understand that Ordinance 97-28,Signature of Notary Public
of the Walton County Land Development Code, section 6.02.01, allows accessory
apartments in single residential areas under certain circumstances and with certain
restrictions.
I hereby certify that the accessory apartment on my property at:
______________________________________________________________________
will be the only accessory apartment on this residential lot and it will not exceed 800
square feet.
This accessory apartment shall be located and designed not to interfere with the
appearance of the principal structure as a one-family dwelling unit.
This accessory apartment shall not be available for commercial short-term or long-term
rental to any person who is not a family member of the owner of the property.
_____________________________________________________________________
Signature Date
_____________________________________________________________________
STATE OF: _________________________
COUNTY OF: _______________________
Before me, the undersigned Notary Public, in and for said County and State, appeared
_____________________________________________ who is personally known to me
or who has produced _______________________________________ as identification,
and who executed the foregoing instrument. Given under my hand and seal this _____
day of _______________________, ___________.
{Seal}
____________________________
As for the Accessory Apt Affidavit above, it looks like it doesn't mention short term rentals (6mo or less), and in many places in South Walton, bed tax isn't collected on short term rentals, so they could do six month agreements, then month to month when the contract ran out.
Banned
I'm not sure why you quoted me for this because my question was regarding why the County should limit the number of rental units, and what was the appropriate number? Also, how should the County enforce it? The County (TDC) would make more money by not limiting rental units (bed tax).
As for the Accessory Apt Affidavit above, it looks like it doesn't mention short term rentals (6mo or less), and in many places in South Walton, bed tax isn't collected on short term rentals, so they could do six month agreements, then month to month when the contract ran out.
I quoted it for you because I thought you might know something about renting carriage houses in Walton County. Don't you sell real estate in Sowal? I don't.
There is a line 1/3 of the way down that says it prohibits both short and long term rentals. Do you know if an owner can legally rent a carriage house in Sowal?
SoWal Expert
selling and renting are two different things. I don't handle rentals. The line to which you refer is specific to no "COMMERCIAL" short-term or long-term rental outside of family. I guess it depends upon how "commercial" is defined. It sounds like you are saying that "residential rental usage" is that which you question, which sounds different than "commercial usage." Does that Affidavit include the definition of "commercial" leases?
Beach Fanatic
I'm not sure why you quoted me for this because my question was regarding why the County should limit the number of rental units, and what was the appropriate number? Also, how should the County enforce it? The County (TDC) would make more money by not limiting rental units (bed tax).
As for the Accessory Apt Affidavit above, it looks like it doesn't mention short term rentals (6mo or less), and in many places in South Walton, bed tax isn't collected on short term rentals, so they could do six month agreements, then month to month when the contract ran out.
There certainly are places where bed tax isn't collected. That is the part that is illegal. New ones crop up everyday. And contrary to popular belief, there is a bit of enforcement.
However, carriage houses and mother-in-law apartments are rented all up and down our coast, as are homes in non-rental subdivisions. For the non-rental subdivisions, enforcement of whether to rent or not rent is usually by their neighbors via their HOA, and I've seen some that were quite persuasive. I have never heard of the county telling somebody they cannot rent. Who would enforce that?
Back to the point...Walton County does NOT require general occupational licenses. Certain vendors are required to have permits, and I'd bet that AAAbsolute's fee has something to do with being in the construction industry. Beyond that, I'd only be guessing. ;-)
SoWal Expert
There certainly are places where bed tax isn't collected. That is the part that is illegal....
Help us out with a clarification. Are short-term rental properties which are required to pay bed tax on rental agreements of 6 months or less, not location specific? I don't recall the exact law, but I thought they were indeed location-specific, and didn't include much of the northern area of South Walton.
Also, I would be in favor of allowing a single carriage house on a property, with the ability to rent it long term. This area needs service workers, and allowing people to rent their carriage house to people in the service industry at affordable pricing, would in theory, help many workers, businesses, and tourists.
SoWal Expert
I believe that in certain developments they forbid separately renting the carriage/guest house because it would change their unit count (typically planned as one less than the max allowed) or their parking requirements (also minimized as much as possible).
Stupid IMO, as carriage/guest apartments are great places for the typically young and single workforce to live and keep traffic/eyes through the area during the off season.
Stupid IMO, as carriage/guest apartments are great places for the typically young and single workforce to live and keep traffic/eyes through the area during the off season.
Beach Fanatic
Help us out with a clarification. Are short-term rental properties which are required to pay bed tax on rental agreements of 6 months or less, not location specific? I don't recall the exact law, but I thought they were indeed location-specific, and didn't include much of the northern area of South Walton.
The bed tax collection district for Walton County is all lands from Bay County line to Okaloosa County line, south of Choctawhatchee Bay (and the intercoastal waterway). No property owners "north of the bay" are required collect bed taxes.
Beach Fanatic
Help us out with a clarification. Are short-term rental properties which are required to pay bed tax on rental agreements of 6 months or less, not location specific? I don't recall the exact law, but I thought they were indeed location-specific, and didn't include much of the northern area of South Walton.
Also, I would be in favor of allowing a single carriage house on a property, with the ability to rent it long term. This area needs service workers, and allowing people to rent their carriage house to people in the service industry at affordable pricing, would in theory, help many workers, businesses, and tourists.
Everything south of the Intracoastal Waterway, rented for periods of six months or less, is subject to the bed tax. Exception: if a qualifying (i.e. no easy way out) written lease for longer than six months is signed at the beginning of the stay. All other "residential" stays become exempt with the seventh month of continuous residence.
Admittedly, most enforcement efforts have traditionally been aimed south of 98 and 30-A, etc, for obvious reasons. I'm sure we all know people who rent residentially who don't have a lease and don't pay. Once upon a time, Fuzz and I fell into that category, and we didn't know any better.
Another thing most folks don't realize is that, even though the 4% doesn't apply north of the bay, that the 6% state sales tax applies to every residential rental in the state of Florida, with the exception of those with a lease for longer than six months. In Walton County, it's 7% everywhere because of the surtax.
Banned
selling and renting are two different things. I don't handle rentals. The line to which you refer is specific to no "COMMERCIAL" short-term or long-term rental outside of family. I guess it depends upon how "commercial" is defined. It sounds like you are saying that "residential rental usage" is that which you question, which sounds different than "commercial usage." Does that Affidavit include the definition of "commercial" leases?
Have you ever sold a property that had a carriage house or accessory apartment? Most realtors in Sowal probably are familiar with carriage houses. I was only asking because I was sure you were informed.
That Accessory Apartment Affidavit is required to be certified by the owner prior to us obtaining a building permit in Watercolor, etc. If the Owner won't sign it, they can't permit it.
SoWal Expert
Regardless if I have, or have not, sold a house with a carriage house, without a license to practice law, I cannot make give legal advice regarding the interpretation of the Accessory Apartment Affidavit. I can simply make the buyer aware of the affidavit.
Now, back to my question, is a "residential" short-term lease the same thing as a "commercial" short-term lease?
Now, back to my question, is a "residential" short-term lease the same thing as a "commercial" short-term lease?
Banned
Regardless if I have, or have not, sold a house with a carriage house, without a license to practice law, I cannot make give legal advice regarding the interpretation of the Accessory Apartment Affidavit. I can simply make the buyer aware of the affidavit.
Now, back to my question, is a "residential" short-term lease the same thing as a "commercial" short-term lease?
Good question. While the Ordinance's term commercial sounds like business purposes requiring commercial density allocations, in this case I believe they are referring to - Done with a profit motive.
You probably already know or understand that commercial in the other sense is already controlled by Ordinance and Land Use Regulations.
Beach Fanatic
Walton County does not have an occupational license and the State of Florida deems that an occupational tax for those that are not conservatives.
If the FF and EMS want to know where all the businesses are located, they are welcome to drive around when they are waiting on a fire or other emergency and look.
There are already plenty of regulations through DBPR to cover a great number of the businesses. The county and chamber could work together with the TDC and telephone company and probably come up with a more complete list. The planning department should know where all of the commercial structures are currently located and could also tell you where a commercial structure might be located in the future.
Florida statute states how rates are to be decided, you can not collect more than required to run the program, they can only be adjusted at certain times and I believe you have to take into account rates charged by adjoining counties and municipalities within your jurisdiction.
And finally, if someone is already breaking the rules by renting or doing commercial activity illegally, why in the world would that same person voluntarily declare the illegal activity and come in to pay the government another tax?
The tax is wrong because the only people you are going to get it from are the ones that are currently following the rules anyway. Sort of like gun control.
If the FF and EMS want to know where all the businesses are located, they are welcome to drive around when they are waiting on a fire or other emergency and look.
There are already plenty of regulations through DBPR to cover a great number of the businesses. The county and chamber could work together with the TDC and telephone company and probably come up with a more complete list. The planning department should know where all of the commercial structures are currently located and could also tell you where a commercial structure might be located in the future.
Florida statute states how rates are to be decided, you can not collect more than required to run the program, they can only be adjusted at certain times and I believe you have to take into account rates charged by adjoining counties and municipalities within your jurisdiction.
And finally, if someone is already breaking the rules by renting or doing commercial activity illegally, why in the world would that same person voluntarily declare the illegal activity and come in to pay the government another tax?
The tax is wrong because the only people you are going to get it from are the ones that are currently following the rules anyway. Sort of like gun control.
Beach ComberAuthor
Walton County does not have an occupational license and the State of Florida deems that an occupational tax for those that are not conservatives.
If the FF and EMS want to know where all the businesses are located, they are welcome to drive around when they are waiting on a fire or other emergency and look.
There are already plenty of regulations through DBPR to cover a great number of the businesses. The county and chamber could work together with the TDC and telephone company and probably come up with a more complete list. The planning department should know where all of the commercial structures are currently located and could also tell you where a commercial structure might be located in the future.
Florida statute states how rates are to be decided, you can not collect more than required to run the program, they can only be adjusted at certain times and I believe you have to take into account rates charged by adjoining counties and municipalities within your jurisdiction.
And finally, if someone is already breaking the rules by renting or doing commercial activity illegally, why in the world would that same person voluntarily declare the illegal activity and come in to pay the government another tax?
The tax is wrong because the only people you are going to get it from are the ones that are currently following the rules anyway. Sort of like gun control.
I agree that many who are illegally renting or operating a business will not volunteer but does that mean that the county should not gather the information.
There is no evidence that the code board or planning department can have a solid list and the ability to maintain said list if there is not an annual census or count of businesses.
How about mixed use buildings? How can you know what is actually happening in these places without a continuous understanding of the business practices?
How many non compliant businesses have the code board or code enforcement addressed?
A simple registry of rentals and/or businesses would assist the planning dept. or the county in general.
I find it hard to believe that a minimum fee or registration would hinder economic growth or business in general.
Beach Fanatic
I agree that many who are illegally renting or operating a business will not volunteer but does that mean that the county should not gather the information.
There is no evidence that the code board or planning department can have a solid list and the ability to maintain said list if there is not an annual census or count of businesses.
How about mixed use buildings? How can you know what is actually happening in these places without a continuous understanding of the business practices?
How many non compliant businesses have the code board or code enforcement addressed?
A simple registry of rentals and/or businesses would assist the planning dept. or the county in general.
I find it hard to believe that a minimum fee or registration would hinder economic growth or business in general.
You support charging an additional fee to people not breaking the law?
I do not believe the code board cares. We hear and adjudicate complaints. Current government employees are free to census as they wish. FF and EMS would be great at this.
Government has no need to know anyone's 'business practices'. It is not their business.
The code board addresses complaints brought by code enforcement. Code Enforcement is under the planning department. You need to talk to Pat Blackshear about your concerns.
The planning department is free to operate any registry they wish. But why should I have to show my 'papers' to be in business? I thought someone tried that in the thirties.
There is no such as a minimal fee. All paperwork has to be handled, increasing costs which either lower profits and reduce tax revenue or increase prices to the end consumer for worthless information. But since you have no problem with it, how about sending the government $10 every year for the heck of it.
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