Florida’s vibrant tourism industry has made short-term rentals an attractive investment opportunity across the state. From beachfront condos in Miami to vacation homes near Orlando’s theme parks, property owners are capitalizing on the demand for Airbnb and other vacation rental platforms. However, navigating Florida’s complex patchwork of state laws, local ordinances, and community restrictions can be challenging. At Park Place Properties, we’ve helped countless investors successfully navigate these regulations to build profitable short-term rental portfolios.
Understanding State-Level Regulations
Florida’s approach to short-term rental regulation operates on a hybrid model, with certain powers reserved for the state while allowing municipalities limited regulatory authority. This creates a complex landscape that requires careful navigation.
State Preemption
In 2011, Florida enacted a preemption law (Florida Statute 509.032(7)) that prohibits local governments from banning short-term rentals or regulating their duration or frequency. This legislation was a significant win for property owners, as it prevented municipalities from effectively outlawing vacation rentals.
However, this preemption includes a crucial grandfather clause: local laws regulating short-term rentals that were adopted before June 1, 2011, remain in effect. This creates significant variation in regulations across different Florida municipalities, depending on when their short-term rental ordinances were established.
State Licensing Requirements
The Florida Department of Business and Professional Regulation (DBPR) requires all vacation rental properties to be licensed. Owners must obtain:
- A Vacation Rental Dwelling License
- A Florida Department of Revenue Certificate of Registration
- A local Business Tax Receipt (varies by municipality)
Vacation rental licenses must be renewed annually and typically cost between $150-$300, depending on the number of units. Properties are subject to inspection for compliance with safety regulations, including:
- Smoke detectors in each bedroom
- Fire extinguisher within the unit
- Clearly posted emergency exit routes
- Pool safety barriers (if applicable)
Tax Collection and Remittance
Florida imposes several taxes on short-term rentals, including:
- State Sales Tax (6%)
- County Tourist Development Tax (varies by county, typically 2-6%)
- Local Option Sales Tax (varies by location)
While platforms like Airbnb collect and remit state sales tax and some local taxes automatically in Florida, property owners remain ultimately responsible for ensuring all appropriate taxes are paid. In many counties, owners must still register and remit county tourist taxes directly.
Local Regulations: A County-by-County Approach
Despite state preemption, local governments in Florida maintain significant regulatory authority over short-term rentals through grandfathered ordinances, zoning restrictions, and registration requirements.
Miami-Dade County
Miami-Dade has some of Florida’s most complex short-term rental regulations, with significant variation between municipalities:
- Miami Beach: Has some of the strictest regulations in the state, with short-term rentals prohibited in most residential areas and fines for violations starting at $20,000
- City of Miami: Requires registration and permits for vacation rentals, with different rules depending on the specific zoning district
- Sunny Isles Beach: Allows short-term rentals in certain zones but requires business licenses and compliance with specific regulations
For AirBNB specifically in Miami, check out the list of Miami AirBNB friendly condos from Park Place Properties.
Orange County (Orlando)
Orange County regulates short-term rentals primarily through zoning ordinances:
- Vacation rentals are permitted in tourist commercial districts
- Short-term rentals in residential areas require conditional use permits
- Universal Boulevard District and I-Drive District have specific overlay zones with special provisions for vacation rentals
Broward County (Fort Lauderdale)
Broward County requires vacation rental registration with both the county and individual municipalities:
- County-wide registration and inspection program
- Additional city-specific registrations in Fort Lauderdale, Hollywood, and other municipalities
- Mandatory 24/7 contact person for complaints
Monroe County (Key West & Florida Keys)
The Florida Keys have particularly stringent regulations due to their limited housing supply and environmental concerns:
- Minimum rental periods (often 28+ days) in many residential zones
- Special permits required for vacation rentals
- Annual rental caps in certain areas
Condominium and HOA Restrictions
Even when state and local regulations permit short-term rentals, private community restrictions often present the most significant barrier to operating Airbnbs in Florida.
Condominium Association Rules
Florida law gives condominium associations broad authority to regulate or prohibit short-term rentals. These restrictions can include:
- Minimum rental periods (commonly 30, 60, or 90 days)
- Application and approval processes for all tenants
- Move-in/move-out fees and security deposits
- Rental caps (limiting the percentage of units that can be rented)
Some newer developments in Florida’s major tourist destinations explicitly allow short-term rentals, but they remain the exception rather than the rule. Investors should thoroughly review condominium documents before purchasing a property intended for vacation rental use.
Homeowners Association Restrictions
Similar to condominiums, properties governed by HOAs may have strict rules regarding rentals. Common HOA restrictions include:
- Prohibition of rentals shorter than a specified duration
- Limits on the number of times a property can be rented annually
- Requirements to rent the entire property (no room rentals)
- Tenant screening and registration requirements
Emerging Trends and Recent Legislative Changes
Florida’s short-term rental landscape continues to evolve, with several notable developments shaping the regulatory environment.
Senate Bill 522 (2021-2022 Session)
This proposed legislation would have increased state preemption over vacation rentals, further limiting local government authority. While it ultimately failed to pass, similar bills have been introduced in subsequent sessions, indicating ongoing legislative interest in standardizing regulations statewide.
Registration and Compliance Platforms
Many Florida municipalities have partnered with compliance monitoring services like Host Compliance and STR Helper to identify unregistered vacation rentals. This has significantly increased enforcement and the risk of penalties for non-compliant operators.
Noise and Occupancy Monitoring
In response to community concerns about party houses, many jurisdictions now require or encourage the use of noise monitoring devices and occupancy monitoring technology in vacation rentals.
Best Practices for Florida Short-Term Rental Operators
Based on our experience managing vacation rentals throughout Florida, we recommend the following best practices:
- Conduct thorough due diligence: Before purchasing, verify that short-term rentals are permitted by state law, local ordinances, and community rules
- Maintain proper licensing: Obtain and renew all required state and local licenses and permits
- Register for tax collection: Set up accounts with the Department of Revenue and county tax collector
- Create a comprehensive house rules document: Clearly communicate noise restrictions, occupancy limits, parking rules, and other important policies
- Install noise monitoring devices: Use privacy-compliant noise level monitors to prevent disruptive parties
- Maintain a local property manager: Florida requires a local contact who can respond to issues within 24 hours
- Keep detailed records: Maintain guest information, tax payments, and inspection documents
The Future of Florida Vacation Rental Regulations
The tension between state preemption, local control, property rights, and community concerns continues to shape Florida’s regulatory landscape. Looking ahead, we anticipate:
- Continued legislative attempts to standardize regulations at the state level
- Increased use of technology for monitoring and enforcement
- More purpose-built vacation rental developments in tourist areas
- More sophisticated regulatory frameworks that balance tourism economics with residential quality of life
Understanding and complying with Florida’s complex regulatory landscape is essential for short-term rental success. By staying informed about state laws, local ordinances, and community restrictions, property owners can navigate these challenges while building sustainable and profitable vacation rental businesses.
For investors looking to enter the Florida short-term rental market, proper research and professional guidance are invaluable in identifying legally compliant and financially viable properties.
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