Florida Airbnb laws: State-wide and local laws & regulations for STRs
With over 140 million travellers visiting the Sunshine State in 2023, the demand for vacation rentals is skyrocketing. But if you are considering renting out your own listing or are already hosting, it's crucial to understand the legal landscape. From licensing requirements to tax obligations, Florida has a unique set of rules that every property owner must follow.
In this comprehensive guide, we'll walk you through everything you need to know about Florida short-term rental laws, city-specific regulations, recent updates, and how to stay compliant while maximizing your profits.
(last updated February 2025)
Disclaimer: Laws and regulations can change, and requirements may vary by location. For personalized legal advice, consult a lawyer specializing in short-term rental laws in your area.
What falls under the Florida vacation rental laws?
Before we dive into the details of regulations, let's start with the basics. In Florida, short-term rentals are officially defined as "transient public lodging establishments." This includes any unit rented out more than three times per calendar year for periods shorter than 30 days. Whether it's a single-family home, a condo, or a townhouse, if you're renting it out for less than a month, it falls under this category.
Statewide vacation rental and Airbnb laws in Florida
Florida has some statewide rules that apply to all cities in the state. But each city can also add its own local laws on top of those. In this blog, we’ll dive into those local regulations, but first, let’s go over the key statewide rules every short-term rental manager or owner needs to know to stay on track no matter where you are in Florida.
Florida vacation rental laws and regulations
Licensing requirements
To legally rent out a short-term rental in Florida, you need a license from the Department of Business and Professional Regulation (DBPR).
It’s important to renew your state license on a yearly basis. After your first application, renewing is typically just a matter of updating some information and completing the renewal automatically.
To begin, visit the Florida Department of Corporations’ website and submit your business’s annual report. Along with the report, you’ll need to pay a renewal fee, which can range from $25 to over $400, depending on your business structure.
Safety and well-being regulations
Vacation rental owners and managers in Florida need to follow certain rules to make sure their guests are safe and well taken care of. Here’s a rundown of the main statewide short-term rental regulations you should know:
- Licensing: Make sure to display all your current licenses in a visible spot on your property.
- Property maintenance: Keep everything clean, safe, and in good condition for your guests at all times.
- Bedding and linens: Provide fresh, clean, and unworn bedding and linens that are properly stored.
- Soap: Soap should be available, either in individually wrapped bars or liquid soap dispensers.
- Baby cribs: If you're providing cribs, they need to meet safety standards.
- Dishes and glassware: Make sure all dishes and glassware are sanitized between guest stays.
- Pest control: Keep your property free from pests, nobody wants a surprise guest!
- Balcony inspections: For buildings over three stories, you need a certificate showing your balconies have been inspected, unless the balconies and stairs are part of a condo.
- Human trafficking awareness: Housekeeping staff need to undergo annual training on human trafficking awareness.
- Smoke detectors: Every unit must have a smoke detector, and for every 50 units, one needs to be specifically designed for the hearing impaired.
- Electrical safety: Your electrical system should be safe, well-maintained, and free from extension cords.
- Life Safety Code compliance: All units need to follow the Life Safety Code.
- Fire sprinklers: If your vacation rental condo is over 75 feet tall, most of the rental units need to have automatic fire sprinklers installed.
Change in Florida law Airbnb: new local regulations for STRs
As of 2023, Florida’s short-term rental rules have seen some important updates. In March 2024, the Florida Legislature gave the state more authority to regulate rentals, which brings some new changes to keep in mind.
What’s new?
- Occupancy limits: The state has set limits on how many people can stay in a rental, typically two people per bedroom, plus two extra people, with a max of 12 guests (excluding kids under three).
- Local control: While the state is taking a stronger role, cities and counties can still create their own rules about registration, licensing, and restrictions.
- Statewide rules: Local governments can now suspend vacation rental registrations for up to 30 days if there are three or more violations of local rules within 90 days.
Local Florida short-term rental laws
Now that we’ve gone over Florida’s statewide short-term rental rules, let’s dive into the regulations for some of the most popular vacation rental cities. Each city has its own requirements, so it’s important to know the specifics to stay compliant and avoid any fines.
Zoning laws and how they affect Florida vacation rentals
Zoning laws are a key part of the vacation rental scene in Florida. These laws control what types of businesses or residences can exist in certain areas, and they can vary from city to city. Some places allow short-term rentals only in specific zones, like commercial or mixed-use areas, while others may require permits or licenses.
Occupancy regulations
Some Florida cities have limits on how many people can stay overnight at your rental.
You can have two guests per bedroom, plus two extra guests, for a total of up to ten people (kids under six don’t count toward the limit). If your property is in a residential multi-family zone, the cap goes up to twelve guests, following the same rule.
HOA rules and regulations in Florida
If you live in a Florida community with a homeowners' association (HOA), it’s important to understand your rights and responsibilities under the latest laws. These rules can impact everything from fees to the ability to fight unfair regulations. Here’s a quick guide to what you need to know about Florida HOA laws.
What are HOAs and why do they exist?
Homeowners Associations (HOAs) manage the rules and regulations for properties in certain communities, like subdivisions, planned neighborhoods, and condos. They enforce things like parking rules, noise complaints, pet policies, and even restrictions on short-term rentals. Many Florida communities require residents to be members, and the fees they pay go toward maintaining common areas and facilities.
New Florida HOA laws
In October 2023, Florida passed the "Homeowners' Association Bill of Rights," which gives more power to residents and limits what HOAs can do. For example, HOAs now have to give a two-week notice before fining or suspending a resident for breaking rules. They also have to be transparent about meeting agendas, and if they collect deposits, those funds must be accounted for and returned within a month if unused.
There are even stricter laws going into effect on July 1, 2024, including bans on fining residents for things like leaving trash cans out or making rules about the inside of homes or backyards that aren’t visible to others.
Finding your HOA rules
To find the rules for your HOA, check your county’s clerk of courts website. HOAs are required to register with the Florida Department of State, where you can also find information about your HOA’s board members and activity status.
A deep dive in the city-specific Airbnb laws for major cities in Florida
Let’s take a look at some of the major cities in Florida with a high STR density and what specific rules vacation rentals have to follow there.
Clearwater beach short-term rental laws and zoning restrictions
Clearwater Beach, the quieter neighbor to Tampa, is a sought-after Gulf Coast destination. According to AirDNA, short-term rentals here generate an average annual return of over $44,5. But strict zoning regulations make it challenging to operate an STR in residential areas.
The city prohibits rentals for less than 30 days in residential districts. This aligns with broader restrictions from Pinellas County, which includes Clearwater Beach and Saint Petersburg.
However, short-term rentals are allowed in designated Tourist Districts and Commercial Districts. If your property falls within these areas, Clearwater Beach makes the process relatively simple. You’ll need a City of Clearwater Beach Business Tax Receipt (BTR), but there’s no additional permitting beyond Florida’s state requirements.
Destin short-term rental regulations
Destin is one of the most popular beach destinations along Florida’s northern Gulf Coast. Given its popularity, the city has clear regulations in place for short-term rentals.
To operate an STR in Destin, you’ll need to apply for a short-term rental permit, you can find this written in Article VI of the Destin Code of Ordinances. Here are some of the requirements:
- Proof that the property is in an approved zoning area
- A City of Destin Business Tax Receipt (BTR)
- A Florida Department of Business and Professional Regulation (DBPR) license
- A Florida Department of Revenue Resale Certificate
- A City of Destin Bedroom/Parking Affidavit
Destin also imposes capacity limits: STRs cannot accommodate more than 24 guests at a time, with a cap of two people per bedroom plus an additional four guests per property.
Jacksonville short-term rental certificate and application process
Jacksonville, a major Florida city with a mix of business travelers and vacationers, has specific short-term rental regulations.
Jacksonville’s definition of short-term rentals
The city follows Florida state law, defining STRs as any rental offered more than three times per year for stays of 30 days or less. Short-term rentals are permitted in single-family homes, duplexes, townhouses, and two-family homes, but they require a Short-Term Vacation Rental Certificate.
How to Apply for a Jacksonville STR Certificate
To register a short-term rental in Jacksonville, you’ll need to submit:
- A Short-Term Vacation Rental Certificate Affidavit
- Local business tax forms and receipts
- Duval County tourist tax registration
- A Florida DBPR license and Florida Department of Revenue Certificate
- Property documentation, including a boundary survey, lease agreement, and compliance inspection report
There are two fees linked with this application, a $150 annual certificate fee and a $79.20 annual local business tax.
Miami Beach laws and required licenses
Miami Beach is one of the most restrictive cities for short-term rentals, with most areas prohibiting them entirely. However, select districts allow STRs if you obtain the necessary licenses.
If your property is in a permitted zone, you need:
- A Miami Beach Business Tax Receipt (BTR)
- Requires proof of ownership, incorporation documents (if applicable), and a notarized affidavit
- Fees: $69 license fee, $45 application fee, and $57.50 fire inspection fee (prorated based on the fiscal year)
- A Miami Beach Resort Tax Certificate
- Needed to collect and remit a 4% resort tax on rental fees and a 2% tax on food and beverages
- Requires your BTR, driver’s license, Social Security Number, and EIN (if applicable)
Without these, you cannot legally list your Miami Beach rental on Airbnb or other platforms.
Naples rules and new registration requirements
Naples, historically known for banning short-term rentals, has recently introduced new legislation allowing them under specific conditions.
Naples STR Registration Process
Since January 2, 2022, all short-term rentals in Naples, including single-family homes, condos, and multi-family properties, have to be registered. To comply, you need to:
- Obtain a Florida DBPR License
- Register with Collier County for tax purposes
- Provide a 24/7 emergency contact for neighborhood complaints
- Pay a one-time $50 registration fee
Once registered, you’ll receive an STR number, which must be displayed on your listings.
Orlando laws and home-sharing restrictions
Orlando, home to Disney and Universal Studios, is a prime vacation destination. However, it has some of the strictest STR laws in Florida, especially for single-family homes.
Orlando’s two types of short-term rentals
Orlando only allows home-sharing and commercial dwelling STRs:
- Home-Sharing (Owner-Occupied STRs)
- The owner must reside full-time at the property
- Rentals are limited to one group at a time
- A maximum of half the bedrooms in a home can be rented
- No more than two people per room, with a total max of four unrelated guests
- Commercial Dwelling STRs (Vacation Rental Condos)
- Only allowed in commercial zones
- Cannot be in residential areas
Orlando requires a $275 permit fee (renewable annually for $100) before operating an STR.
Orange County Florida Airbnb laws
To legally operate a short-term rental in Orange County, property owners must obtain a Short-Term Rental Permit from the county government. The permitting process ensures that STRs meet all zoning, safety, and occupancy requirements.
How to apply for an Orange County STR Permit
The following items are required:
- Completed STR permit application, submitted online through the Orange County website
- Letter outlining the proposed rental use type and operation
- Floor plan of the residence
- Copy of a blank lease agreement
- Proof of ownership of the property
The permit fee is $63, and the review process typically takes 7-10 business days. If approved, the permit is valid for two years, with a $63 renewal fee.
Additional STR Requirements in Orange County
As a host you have to:
- Provide at least two off-street parking spaces
- Limit one vehicle per one-bedroom unit, two vehicles for larger units
- Cap occupancy at two persons per bedroom plus two additional guests
- Not display exterior signage advertising the rental
- Comply with quiet hours (10 PM - 7 AM) and noise ordinances
Violations can lead to fines of up to $1,000 per offense and permit revocation. Two violations within a year can result in a one-year suspension of STR operations.
Florida vacation rental tax
Time to cover your favorite part of the blog, where we talk about Florida vacation rental taxes. We will give you an overview of the types of taxes you need to pay to avoid any penalties.
Keep in mind that tax rates and rules can change pretty often, so you need to stay up-to-date with the current tax laws.
When does your rental fall under the Florida vacation rental tax?
STR taxes apply to rental charges or room rates paid for the use of living spaces or accommodations with rental periods of six months or less, often referred to as "transient rentals."
What if my OTA collects taxes for me?
Before you start collecting taxes from your guests, it’s important to check if any taxes are already being taken care of. Some vacation rental platforms like Airbnb and VRBO automatically collect Florida short-term rental taxes when a booking is made. If they’re not handling it for you, then it’s your responsibility to collect and send them to the state tax authorities.
Make sure to double-check with your marketplace for the most up-to-date info on which taxes they collect in your area.
Airbnb’s partnership with Florida authorities on tax collection
Airbnb has set up a system to automatically collect and remit taxes for hosts, making the process of handling taxes much easier. This automated approach takes care of state sales taxes and local tourist development taxes, so hosts don’t have to worry about the complexities of tax collection.
Income tax
As a property owner, you'll need to pay income tax on your rental earnings. This tax is calculated on your taxable income after deductions and must be paid annually to both the state and federal governments.
State sales tax
Florida imposes a 6% state sales tax on short-term rentals. This tax is sent to the Florida Department of Revenue and applies to the total rental amount, including any additional fees like cleaning or reservation processing.
Local vacation rental taxes in Florida
Your rental’s location plays a big role in making sure you're compliant with short-term rental taxes. Where your property is located decides which tax jurisdictions you need to report to, the taxes you need to collect, and what your tax rates will be.
County sales surtax
In addition to the state sales tax, some counties impose a discretionary sales surtax, which ranges from 0.5% to 1.5%. The rate varies by county, so it's essential to check the DR-15DSS form for specific information.
Local option transient rental taxes
Certain counties also charge a local option transient rental tax, which can range from 2% to 5%. This tax applies to counties like Miami-Dade, Pinellas, and Hillsborough. The DR-15TDT form gives detailed information on these taxes.
Important note: This guide is a great starting point, but it’s not a replacement for professional tax advice. Use it to help you understand and prioritize your vacation rental questions. For anything specific or unique to your situation, it's best to consult with a certified tax professional who knows Florida tax laws inside and out.
Stay compliant with Airbnb’s rules
Staying compliant isn’t just about following state and city laws, you also have to play by Airbnb’s rules. One big part of that? Keeping your listing 100% accurate. Airbnb expects honesty, and if you leave out key details, like that train track rumbling behind your backyard, guests can complain, get a refund, and you lose that income.
The good news? You don’t have to manage this alone. AutoRank’s Review Fusion feature automatically refines your descriptions by integrating real guest feedback. It highlights the positives while also weaving in those "home truths" in a way that keeps your listing honest, so you avoid refunds and keep your income
Learn more about how to ensure accuracy in your listing details based on guest feedback and reviews.
What are the penalties you can face by breaking the rules for STRs in Florida
Running an Airbnb in Florida without following state and local rules can lead to hefty fines, legal issues, or even losing your license. Many hosts think short-term rental violations go unnoticed, but cities all over Florida are actively enforcing the rules through inspections, complaints, and audits.
Common penalties for non-compliance
If you don’t follow Florida’s short-term rental laws, you could face consequences like fines for not having a license, tax penalties for failing to collect or remit taxes, losing your permit with repeated violations, or even legal action, including rental bans or big fines from the city.
Cities with strict enforcement policies
While not every Florida city aggressively enforces STR laws, some are strict. Miami Beach, for example, starts fines at $20,000 for the first violation, and they escalate with repeat offenses. In Orlando, STRs operating in the wrong zones can face daily fines and shutdowns, while Naples charges $500 per day for unregistered STRs. These cities often use online monitoring and complaints from residents to track down unlicensed rentals, which can lead to immediate citations.
Conclusion
The short-term rental market in Florida offers immense potential for property owners, but it's essential to navigate the legal landscape carefully. By staying informed and proactive, you can maximize your profits while ensuring a positive experience for your guests.
Despite the increasingly complex laws and regulations regarding the STR industry, it is still possible to thrive as an STR manager or owner. Find out how we helped a property manager with vacation rentals in Orlando increase its occupancy by 19%, while staying compliant with laws and regulations.
Frequently asked questions (FAQ)
Do I need a permit or license to operate a short-term rental in Florida?
It depends on where you’re located. Popular tourist cities like Miami require permits, but other areas may not have the same requirements. Be sure to check with your local city or county laws.
What are the fines for not complying with short-term rental regulations?
Fines can vary a lot, but in some cities, you could face fines of $500-$1,000+ per day for operating without proper registration or permits.
Do I need to collect and remit taxes on my Florida rental income?
Yes, as a host, you're responsible for collecting both state sales tax and local tourist taxes, which usually range between 7.5% to 12% of your revenue.
Are inspections required for short-term rental properties?
Not all of Florida requires inspections, but some cities do. Also, more cities are considering adding mandatory inspections, so it's worth checking with your local regulations.
Am I subject to occupancy limits and other restrictions in my rental?
Most cities in Florida have occupancy limits based on the number of bedrooms, as well as rules on noise, trash, and parking. These rules can vary depending on whether you have a single-family or multi-family property, so make sure to check your city’s specific regulations and any HOA rules that may apply.