Marco Island Ordinance: Responsible Party

The City of Marco Island’s dramatically changed the area’s vacation rental landscape with the passing of Ordinance 22-08. The Ordinance created sweeping overhauls to how vacation rentals could operate in Marco Island, spanning registration, inspections, and home set up requirements. The Ordinance is long and confusing, making it difficult for vacation rental owners to know how they are impacted and how to stay compliant. It has even led to a lawsuit from Marco Island vacation rental homeowners and the Florida Association of Realtors.

We at HaloHome have spent hours poring over the Ordinance and are sharing a comprehensive guide to help current or prospective vacation rental owners in Marco Island understand and navigate the new rules impacting their home. 

Our first article on the Marco Island Ordinance focuses on the most impactful change: the appointment of the Responsible Party. Read on to learn more about Responsible Parties and why this piece of the Ordinance is such a big deal. 

Responsible Party: What It Means and How to Be Designated 

Being a Responsible Party for a vacation rental home in Marco Island means having the authority and capability to ensure compliance with Marco Island Ordinance 22-08. The Responsible Party must be a natural person who is designated by the owner of the property. An owner can either make themselves the Responsible Party or designate another individual to serve as the Responsible Party.  

In order to be designated, the Responsible Party must meet strict requirements, including being available 24/7 to coordinate solutions to problems at the property, and being located nearby and able to respond in person within 1 hour of notice. This means that every vacation rental must have someone local, at all times, who can be on call 24/7 to handle issues that arise. There are many other duties that must be performed by a Responsible Party as detailed later on in this article, but the Ordinance makes it clear that individuals must be local if they are to be designated as a Responsible Party. That means that vacation rental owners can only be a responsible party if they live in Marco Island year-round. Moreover, as the rest of this article will describe, it is a serious commitment for which owners must be willing to be on call and responsive 24/7, which is an unwelcome proposition. 

The Registration Process 

The first of many steps in the Marco Island Ordinance’s Registration process is for the owner and Responsible Party to complete the Responsible Party Authorization Form. The form defines the scope of services and duties to be performed by the Responsible Party, which the Responsible Party and owner must understand and agree to. 

On this form: 

• The Responsible Party must provide their: name, address, email, phone number, and signature. 

• The owner must provide their: name, rental property address, and signature.  

Each signature must also be witnessed by another individual. The witness’ name must be printed in the field next to the respective signatures of the Responsible Party and owner. The completed form must be attached to the registration and submitted in order for the Certificate of Compliance to be issued for the vacation rental property. 

Finally, it is essential to note that, in the event the Responsible Party changes, the City of Marco Island must be notified and a new Responsible Party must be designated, using the Responsible Party Authorization Form and registration process, within 10 days. 

Lease Agreement Requirements 

The Marco Island Ordinance requires that all lease agreements include select language and important information. These changes must be made prior to submitting the vacation rental for registration, as the full lease agreement must be provided to the City of Marco as part of the application. 

With respect to the Responsible Party, the required lease agreement changes include: 

1. A New Clause Indicating that, “the occupant(s) acknowledge the rules and will agree to vacate the premises within 12 hours in the event of a violation of this Section upon request by the Owner or Responsible Party.” The referred to Section is a summary of key rules outlined in the Marco Island Ordinance, such as occupancy limits and noise restrictions. 
2. The Responsible Party’s contact information (name, phone number, email) must be included. 

Please note that these updates are the only ones that relate to the Responsible Party. There are several other additions that must be included so be sure to review the Ordinance or review our other blog posts detailing all of the changes in full. 

Responsible Party Home Set Up Duties 

The Responsible Party must ensure that the rental property is set up in full compliance of the Ordinance. This includes ensuring certain items and notices are placed correctly in the home prior to the arrival of guests.  

The following notices and summaries must be posted in the home by the Responsible Party: 

1. Written Summary of the Ordinance. This must contain all applicable Marco Island Ordinances concerning noise, vehicle parking, garbage, and common area usage. Each section must cite the applicable section of the Ordinance and also include instructions on how to access the complete written text of the Ordinance. This must be written in the English and Spanish language. The summary must be posted in the interior of the structure, prominently near the main entrance of the establishment. 
2. Certificate of Compliance. The City of Marco Island will issue each home a Certificate of Compliance upon successfully registering their vacation rental. The Responsible Party’s name, address, and phone number must be included on the Certificate. Additionally, the Certificate must include the home’s maximum occupancy (as defined by the Ordinance’s calculation), and a statement banning occupancy of the home by sexual predators (if so determined based on the home’s location). The Certificate of Compliance must be posted on the back of or next to the interior of the main entrance door. 
3. Building Evacuation Map. A copy of the building’s evacuation map clearly identifying exit routes throughout the structure. This must be written in the English and Spanish language. The map must be posted “conspicuously within the establishment” according to the Ordinance, but we recommend posting it next to the interior of the main entrance door. 
4. Noise Rules. A statement regarding noise at vacation rentals must be posted in the home. This too must be posted “conspicuously within the establishment,” but we recommend posting it next to the Written Summary of the Ordinance near the main entrance. 

There are several other required notices that must be posted throughout the home but do not include the Responsible Party’s information. However, the Responsible Party is required to monitor their placement in the home as part of their ongoing duties which we detail in the next section. 

Responsible Party Ongoing Duties 

The Responsible Party must perform specific actions for pre-arrival and post-departure of each guest booking. 

The pre-arrival duties include: 

1. Provide Guests with Written Summary of the Ordinance. This is the same document that is required to be posted inside the home, as detailed above. It must be provided to all guests prior to arrival. We recommend obtaining written confirmation from guests that they have read and understood the Summary in the event an issue arises during their stay. 

The post-departure duties are performed after the guest vacates the property. After each stay, the Responsible Party must perform a comprehensive inspection, confirming select Notices are posted in the home and other tasks completed, to ensure the home remains compliant with the Code of Ordinances.  

Notices to be inspected: 

1. Building Evacuation Map. As described above. 
2. Noise Rules. As described above. 
3. Parking Map. Detailing where guests can legally park their cars. This must be written in the English and Spanish language. 
4. Trash Pickup Schedule. Detailing the dates and times for pickup and the timeframes for leaving, and retrieving, trash receptacles from the street. 
5. Notice of Sea Turtle Nesting Season and Sea Turtle Lighting Regulations. Applicable only to homes meeting certain requirements based on location. 
6. Emergency Information. Including the location of the nearest hospital, the City’s non-emergency police phone number, and the Responsible Party’s contact information. 
7. Notice on Sexual Offenders. A statement banning occupancy of the home by sexual predators (if determined based on the home’s location). Posted in the interior of the structure, prominently near the main entrance of the establishment.  

Tasks to be completed: 

1. Ensure the Property is Free of Garbage and Litter. The Responsible Party must clean or arrange for cleaners to remove all trash from the premises. Trash is allowed to remain in receptacles for collection, but it must be left out and brought inside as per the Ordinance rules. 
2. Fire Extinguisher Inspection. Confirm there is one fire extinguisher on each level of the house that meets the minimum type (2A:10B:C) and is placed correctly within the home. There also must be adequate signage, such as a sticker or sign, indicating the location of the fire extinguisher if stored in an enclosed space. The extinguisher must also be inspected if it has not been serviced within one year. 
3. Smoke and CO Detectors. Confirm the placement and functionality of all smoke and CO detectors in the home in accordance with the Ordinance. 
4. Pool Safety. Confirm that pool is compliant with the “Residential Swimming Pool Safety Act” Chapter 515, Florida Statutes. This means inspecting any pool safety equipment and confirming any locks on applicable doors are functional.

How does this impact vacation rental owners? 

The requirement of a Responsible Party has the biggest impact on vacation rental owners because it limits self-management of properties. Anyone who owns a vacation rental in Marco Island but lives elsewhere cannot legally operate their home without hiring someone who can serve as their home’s Responsible Party. Given the large amount of owners who live in the area part-time, this requirement will impact a lot of owners and how they have managed their vacation rental for years.  

Violations of the Ordinance range from $250 for the first instance and quickly rise to $5,000 for the sixth instance and any subsequent violations. Additionally, violations are counted on a daily basis. That means if ba guest improperly parks their car outside for a full week and an owner is unaware, the owner would be fined $17,750.00 with the potential for additional penalties, including a revocation of their Certificate of Compliance. 

Given these steep fines and penalties imposed by the Ordinance, it becomes clear that owners need to hire a trustworthy Responsible Party. It is about finding a Responsible Party who will be available 24/7, be at the home within an hour, provide guests with necessary notices ahead of time, perform thorough turnover inspections, catch and fix all issues in the home, and deal with the City and authorities if needed. Finding someone local is easy. Finding someone trustworthy is incredibly difficult. 

Why Use A Vacation Rental Manager As A Responsible Party? 

Marco Island Ordinance 22-08 makes it difficult for home owners to operate vacation rentals because of the need for a local presence, 24/7 on duty requirement, and keen attention to detail required to stay compliant with the law. This is hard to do unless owners are nearby and 100% dedicated to running a vacation rental. It also means that the owner must be willing to get out of bed in the middle of the night to respond to a noise violation at the home, leave the golf course early in order to evict tenants, and pick up trash if cleaners are unable to be at the home immediately.  

Moreover, it means assessing your current vendors and determining whether you could rely on them with 100% certainty to fulfill the requirements of the Ordinance. It makes relying on cleaners, real estate agents, or neighbors, all of whom have competing priorities, a very risky gamble that might lead to thousands of dollars in fines.  

This is why we strongly believe that owners should hire a dedicated vacation rental management company to manage their home and serve as their designated Responsible Party. While there is a cost, a good vacation rental manager will ensure you remain fully compliant with the Marco Island Ordinance 22-08 while providing professional revenue management, guest placement, operations, and home care services. Their guidance could lead you to making more revenue on your bookings, while helping you avoid costly Ordinance violations. More importantly, they allow you to free your time so that you can focus on more important matters in life. 

HaloHome is proud to offer professional vacation rental management for homes in Naples and Marco Island. We pride ourselves on our performance and aim to provide home owners with exceptional returns.