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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.
 

Smiling JOe

SoWal Expert
Nov 18, 2004
31,648
1,773
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?
 
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.


 

wrobert

Beach Fanatic
Nov 21, 2007
4,134
575
61
DeFuniak Springs
www.defuniaksprings.com
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.
 

citeright

Beach Comber
Aug 7, 2008
37
4
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.
 

wrobert

Beach Fanatic
Nov 21, 2007
4,134
575
61
DeFuniak Springs
www.defuniaksprings.com
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.
 

citeright

Beach Comber
Aug 7, 2008
37
4
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?

I do not think it is a good idea to limit the rental units. In fact, it is my position that accessory apartments should not be limited to family members and that this homes should be allowed for affordable housing and not count against the density of the lots.

In other words, allow short term rentals for any one but monitor or list the units with the county. Maybe limit these units to the moderate income households. This could help with affordable housing in south walton, increase rental units in the area, allow some revenue, and help attact more visitors.

Many people do not like and do not want service industry people in there neighborhood and are vocal about it. The concept of monitoring is to correct some current issues and possibility eliminate some conflicts.

The orginal question was can we find out how many businesses and rental units are available in south walton.
 

citeright

Beach Comber
Aug 7, 2008
37
4
Thanks, wrobert, for confirming who I should consider responsible for knowing the rules and regulations.

I do not have much confidence in the planning department or code board.

Yes, I would pay a small fee to know that everyone was be entitled to the same protections and yes, regulations.

I think that the public should be able to know who and what is going in the the building next to them.

The future and the economy is very shaky please do not consider my comments as being intrusive but only a means of fleshing out issues.
 

wrobert

Beach Fanatic
Nov 21, 2007
4,134
575
61
DeFuniak Springs
www.defuniaksprings.com
I do not have much confidence in the planning department or code board.

Do you even have an idea of how the code board is established and what the function of the board is?

We are set up by Florida statute. We are volunteers, and they need an engineer to volunteer to fill a current opening. We hear evidence and interpret the codes and work to find a way for people to come into compliance. We do not work for the county, nor do we work against the citizens. If you have no confidence in something that the code board has failed to do, then apply to be on the board and you can then make the decision yourself.

As for the planning department, have you expressed your concerns to your county commissioner? Code enforcement currently works under planning so they would also have to answer your complaints about them.
 
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