Florida Short Term Rental Laws

Florida has always been one of the top locations to invest in an Airbnb property across the entire US market. Lucky for short term rental investors, The Sunshine State has some of the least restrictive regulations nationwide. Nevertheless, hosts need to be familiar and compliant with existing rules to avoid legal issues with local authorities.

This article summarizes and explains the Florida short term rental laws that apply at the state level as well as the specific regulations that regulate the Airbnb business in the hottest destinations within the state.

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Florida’s Definition of a Short Term Rental

For legal and tax purposes, in the State of Florida short term rental rentals are referred to as vacation rentals and are defined by the Florida Department of Business & Professional Regulation (DBPR). 

A vacation rental refers to a transient public lodging establishment that may comprise any unit or group of units in a condominium or cooperative or any individually or collectively owned single-family, two-family, three-family, or four-family house or dwelling unit and that is not a timeshare project that is rented out for a period of less than 30 days or 1 calendar month, whichever is less.

In terms of licensing, Florida short term rentals are divided into 2 main categories:

• Vacation rental condo: A single unit or group of units that are located in a condominium or a cooperative (a building where the units are individually owned) and that are rented transiently 
• Vacation rental dwelling: A single unit or group of units that are single family homes, townhouses, duplexes, triplexes, or quadruplexes and that are rented temporarily

Timeshare projects are excluded from the definition of a vacation rental and face different requirements.

Starting a Short Term Rental Business in Florida

Launching a Florida Airbnb business requires following a number of steps that differ from one city and county to another. 

The most common elements of starting a short term rental business in Florida include:

• Business registration: In many Florida cities, vacation rental owners need to register their business. Forming an LLC is not usually required.
• Licensing and permitting: Florida is one the few states where a state-level vacation rental license (explained below) is needed. Moreover, most counties and cities impose additional local licenses or permits to secure the safety and comfort of guests and neighbors.
• Required paperwork: Obtaining a license or a permit requires the submission of various types of information and documentation including but not limited to the owner’s information, responsible party’s information, property address and specifications, site plans, parking plans, and others.
• Tax registration: Short term rental property owners need to register with the Florida Department of Revenue (DOR) to pay sales tax and other related taxes as well as with local tax authorities to pay discretionary sales surtax and local option transient rental tax.
• Getting an EIN: Florida vacation rental owners and operators need to obtain an Employer Identification Number (EIN) if they plan to form an LLC, corporation, or partnership.
• Paying fees: Hosts need to pay a varying range of fees for the issuance of licenses, permits, registrations, and inspections. Most fees are a few hundred dollars. The combined cost of starting an Airbnb business in Florida easily adds up to more than $1,000.
• Zoning compliance: Most Florida cities and resorts have very strict zoning requirements which generally allow short term rentals in commercial zoning districts and prohibit them in residential zoning districts, with some exceptions.
• Health and safety measures: Florida markets have firm regulations in terms of the presence of safety devices like smoke detectors, carbon monoxide alarms, fire extinguishers, and more.
• Specialized insurance: Even if not legally required, investors need to get an Airbnb insurance that protects their property against damage and them against liability and loss of rental income.
• Inspections: In the majority of jurisdictions, Airbnb properties need to undergo annual internal inspections to confirm compliance with safety regulations.
• Best practices for starting a Florida short term rental business: Before getting started, investors need to check Florida short term rental regulations at the state, county, and city level to ensure that they can comply with all of them. In most cases, this information can be found on local authority websites. If laws are not your forte, it’s a good idea to consult with a local legal expert.

Prior to having your Florida investment property listed on Airbnb or a similar platform, you have to fulfill all requirements. Moreover, as a savvy host, you should keep an eye on changes in existing laws as the short term rental legal framework is still evolving in the US market.

Short Term Rental Licensing Requirements in Florida

Florida short term rentals are required to have a license issued by the Division of Hotels and Restaurants if an entire unit is rented out for more than 3 times in a calendar year for periods of fewer than 30 days or 1 calendar month or if it is advertised or held out to the public as a place that is regularly rented to guests. Meanwhile, renting a single room or a few rooms rather than the whole unit is not considered public lodging and does not require a license.

In terms of property classification, there are 2 types of licenses:

• Vacation rental condominium license: Issued for a unit or group of units in a condominium or cooperative
• Vacation rental dwelling license: Issued for a single family house, a townhouse, or a unit or group of units in a duplex, triplex, quadruplex, or other dwelling unit with 4 of fewer units collectively

In Florida, vacation rental licenses are given based on the number, location, and operator of the property and include:

• Single license: Issued to one single family house, townhouse, unit, or group of units within a single building owned and operated by the same individual or entity that is not a licensed agent
• Group license: Issued to a licensed agent to cover all units within a building or a group of buildings within a complex
• Collective license: Issued to a licensed agent who operates a collective group of houses or units in separate locations. A collective license is limited to a maximum of 75 units and to counties within a single district.

It’s best to apply for a license online. Applications are typically processed in 1-2 business days, and a digital license is emailed immediately after approval.

Submitting a Florida vacation rental license application requires the following:

• Owner or operator main address
• Rental location address
• Resort classification: Single, group, or collective
• Certificate of balcony inspection
• Human trafficking training to employees performing housekeeping duties
• Short Term Rental Fees: $50 new application fee + $10 Hospitality Education Program (HEP) fee + full-year or half-year license fee. The license fee depends on the property type and the number of units. The full-year license fee for a single rental unit is $170, while it is $180 for 2-25 units.

Generally speaking, Florida short term rental licenses are easy to obtain. Operating a Florida Airbnb business without a license could result in a $500 fine for a first violation.

License Renewals for Short Term Rentals in Florida

Florida vacation rental licenses are valid for half a year or 1 year, depending on the application.

The annual renewal date depends on the region and is as follows:

• District 1 (Miami): October 1
• District 2 (Fort Lauderdale): December 1
• District 3 (Tampa): Ferbuary 1
• District 4 (Orlando): April 1
• District 5 (Jacksonville): June 1
• District 6 (Panama City): June 1
• District 7 (Ft. Myers): December 1

Renewals are done online and do not require additional information. The fees include the $10 HEP fee + the full-year or half-year license fee mentioned above.

Required Documents for Florida Short Term Rentals

Getting a Florida vacation rental license as well as local or city short term rental licenses requires the following documents (with some variations across locations):

• Florida DBPR online account
• Florida DOR registration
• Federal EIN
• Social Security Number (SSN) or Individual Taxpayer Identification Number (ITIN)
• Certificate of balcony inspection
• Certificate of internal inspection
• County tax registration
• Personal ID
• Proof of property ownership
• Site plan
• Parking plan
• Proof of payment of fees

Investors need to make sure that they have all necessary documents before applying for a license in order to avoid delays or rejections.

Florida Short Term Rental Tax

Florida short term rentals need to pay a number of different taxes to both the Florida Department of Revenue and local authorities. Some of these taxes are collected and remitted directly by advertising platforms such as Airbnb, Vrbo, and Booking.com.

Florida short term rental taxes include:

• 6% state sales tax payable to the DOR
• Discretionary sales surtax ranging between 0.5% and 1.5% by county, payable to the county. Check out DR-15DSS for your rate.
• Local option transient rental tax ranging between 0.0% and 6.0% by county, payable to the DOR or the county. Check out DR-15TDT for your rate.
• Rental income tax including state, county, and local rates
• Property tax including state and municipal rates

Airbnb hosts and operators need to register with the Florida Department of Revenue in order to collect, report, and remit sales tax, surtax, and other taxes payable to the DOR. Each transient rental accommodation needs to be registered separately for tax purposes.

Florida short term rental business owners are eligible for business-related tax deductions like:

• Property depreciation (it’s best to do a short term rental cost segregation study to maximize benefits)
• Property tax
• Mortgage interest and mortgage insurance premium
• Short term rental property insurance
• Marketing and advertising expenses
• Property management fees
• Cleaning fees
• Property maintenance fees
• Accounting, legal, and other professional fees
• Furniture and appliances
• Guest supplies
• Utility bills
• Home office and business travel expenses

When operating a vacation rental in Florida, hosts need to pay applicable taxes to the relevant authorities, on time and in full. To maximize profits, they should take advantage of all available deductions.

Statewide Short Term Rental Rules in Florida

Florida Airbnb owners and operators need to comply with certain rules that mostly aim to guarantee the safety of guests.

Florida short term rental laws demand that:

• Properties display all current licenses in an obvious place
• Units are kept clean, safe, and in good physical condition
• Any provided bedding and linens are clean, unworn, and properly stored
• Any provided soap is either in individually wrapped bars or as liquid soap in a dispenser
• Any provided baby cribs meet established safety standards
• Any provided dishes and glassware are sanitized between guests
• Establishments are kept free of vermin
• Buildings of 3 stories or more have a certificate of balcony inspection unless balconies and stairs are common elements of a condominium
• Establishments provide annual training on human trafficking awareness to employees who perform housekeeping duties
• Smoke detectors are installed in every living unit
• One specialized smoke detector for the hearing impaired is available per 50 rental units
• The electrical system is proper and safe, and no extension cords are used
• Units comply with the Life Safety Code
• Automatic fire sprinklers are installed in vacation rental condominiums when the majority of rental units are 75+ feet in height

The State of Florida does not impose further regulations to short term rental properties.

Short Term Rental Laws by Florida City

Florida laws aim to prevent local authorities from introducing restrictive regulations under their jurisdiction. Nonetheless, many cities have imposed various laws, some of which are rather prohibitive.

Following are the short term rental rules in Florida by city:

1. Orlando, Florida Short Term Rental Laws

The City of Orlando defines a short term rental as rented for less than 30 days. 

There are 2 main types of Orlando short term rentals:

• Home share: A homeowner or a long term tenant rents no more than half the bedrooms on the property, whether in the main house or in an accessory dwelling unit. The host needs to be present at the time of the rent. This is allowed in all residential (R) zoning districts.
• Commercial dwelling unit: A homeowner or a business owner rents an entire property or any part of it. This is prohibited in residential (R) zoning districts and is only allowed in O-3, MU, and AC. Meanwhile, Municipal Planning Board approval is needed in MXD-2, O-1, and O-2.

Both types of vacation rentals need to be registered. 

Submitting a registration application in Orlando requires the following:

• 2 proofs of residency including a copy of the driver’s license and a utility bill
• A notarized letter from the owner to rent out rooms on the property in case the application is not submitted by the property owner
• Confirmation of the total number of bedrooms listed with the Orange County Property Appraiser
• Online application form
• Interior inspection
• $275 permit fee

Applications are reviewed within 3-4 business days, and fees are paid afterwards. Permits are emailed.

Orlando short term rental permits are valid for 1 year, and renewal requires the payment of a $100 fee and an interior inspection.

In terms of taxes, the discretionary sales surtax in Orange County is 0.5%, while the local option transient rental tax rate is 6.0% and is collected by the County.

In sum, Orlando has rather limiting Airbnb laws that prohibit non-owner occupied rentals of entire units in residential zones. Investors might still be able to find an appropriate property in the so-called commercial zoning districts.

2. Tampa, Florida Short Term Rental Laws

The City of Tampa does not have specific legislation regulating short term rentals. They are generally permitted as long as they are located in allowed residential and commercial zoning districts. What makes Tampa different from other Florida markets is that short term rentals are considered those that are rented out for less than 7 days at a time.

While no additional permits and licenses are needed at the city level, Tampa Airbnb hosts need to comply with all Florida laws including permitting and taxing.

The discretionary sales surtax is equivalent to 1.5% in Hillsborough County, and the local optional transient rental tax is 6.0%.

To conclude, Tampa could be a good place for investing in a vacation rental property considering the absence of specific rules.

3. Miami, Florida Short Term Rental Laws

The City of Miami has detailed vacation rental regulations that aim to control the quick spread of these investment properties over the last decade or so. For legal and tax purposes, Miami has adopted the Florida definition of a vacation rental.

For properties designated as Estate or Low Density Residential on the CDMP Land Use Plan Map pertaining to land use categories in Miami-Dade County, the responsible party must reside in the property for more than 6 months per calendar year. 

The responsible party refers to the person or entity authorized by the property owner to obtain a certificate of use for a vacation rental and who will be responsible for the property. This can be the property owner or someone else. This is not required in other land use categories.

Miami Airbnb hosts need to obtain a certificate of use; online or hard copy applications require:

• Vacation rental property address and legal description
• Property owner name, address, and phone number
• Responsible party name, address, and phone number
• Peer-to-peer or platform entity or entities’ name and contact information where the vacation rental will be listed
• Statement that the responsible party will remit all applicable local Miami-Dade County business and tourist taxes or that the booking platform will do that
• Statement that the responsible party has the permission of the property owner to offer the property as a vacation rental and act as the responsible party
• Statement whether the entire property or only a part of it will be used as a vacation rental
• Statement that insurance coverage will be in effect
• Statement that the responsible party has received information that using the property as a vacation rental could lead to loss of the Homestead Exemption
• Statement indicating for how many times and how many days the property was used as a vacation rental over the course of the previous calendar year
• Statement acknowledging that the vacation rental must be registered with the Florida DOR or a successor agency
• Statement acknowledging that a vacation rental licenses must be obtained from the Florida DBPR or a successor agency
• Statement that the property will be maintained in compliance with vacation rental standards
• Inspection (after receiving the certificate of use)
• $136.17 fee

Miami certificates of use are valid for 1 year and need to be renewed on an annual basis. Annual inspections are also required.

Miami short term rental regulations impose a maximum overnight occupancy of 2 persons per bedroom plus 2 additional persons per property for a maximum of 12 persons per property excluding children under 3 years of age.

Moreover, solid waste containers that are enough to handle the permitted maximum occupancy need to be maintained.

Additional rules apply to parking, noise, public nuisance, pets, swimming pool safety features, and accessory units.

Any offenses to the Miami vacation rental laws are subject to fines. A first violation penalty amounts to $100, and it goes up for further offenses.

The discretionary sales surtax in Miami-Dade County is 1.0%, and the local option transient rental tax rate is 6.0%.

All in all, while Miami non-owned occupied short term rentals are possible in certain districts, they are subjected to multiple regulations that hosts need to be familiar with and compliant with to avoid hefty fines and legal troubles.

4. Sarasota, Florida Short Term Rental Laws

The City of Sarasota has imposed its own short term rental laws to regulate vacation rentals. They are allowed in residential zoning districts within the City limits, but the minimum stay required is 7 full days and 7 full nights. This means that Sarasota Airbnb properties cannot be rented out for less than a week.

As per Ordinance 24-5506, adopted on February 5, 2024, All single-, two-, three-, and four-family dwelling units operating as vacation rentals within residential single- and multi-family zoning districts need to obtain a vacation rental certificate of registration issued by the City of Sarasota. This is not required for owner-occupied vacation rentals and those rented for more than 30 days.

Registration for a short term rental business in Sarasota requires the following:

• Application form
• Authorized representative form
• Declaration of owner form
• Designation of responsible party form
• Transient public lodging established license issued by the Florida DBPR
• City of Sarasota local business tax receipt
• Evidence of remission of tourist development taxes with the Sarasota County Tax Collector
• Initial inspection
• $500 application fee

The City of Sarasota vacation rental certificates of registration are valid for 2 years and need to be renewed every odd-numbered year. The renewal application fee is $350.

Sarasota short term rental owners and operators need to comply with certain requirements:

• Minimum safety requirements pertaining to swimming pools, smoke and carbon monoxide detection and notification systems, and fire extinguishers
• Minimum informational requirements related to emergency, trash pick-up days, parking, maximum occupancy, and other types of information
• Parking specifying the number of vehicles and their parked location
• Advertising that needs to include the maximum occupancy, the certificate of registration number, and a minimum stay of one week
• Maximum occupancy that is generally limited to 2 persons per bedroom plus 2 additional persons per property for a maximum of 10-12 persons, depending on the property type

In Sarasota County, the discretionary sales surtax rate is 1.0%, and the local option transient rental tax is 6.0%.

With regards to legality, Sarasota could be a good place to invest in Airbnb for those who plan to rent out their property for 7+ days. Daily rentals are strictly prohibited.

5. Clearwater Beach, Florida Short Term Rental Laws

The City of Clearwater has introduced some of the most restrictive vacation rental regulations in the State of Florida. According to the Community Development Code (CDC), property owners cannot lease or rent their property for less than 31 days or a calendar month in residential districts. Rentals of more than 31 days are possible. Also, vacation rentals might be viable in commercial zoning districts.

In Pinellas County, the discretionary sales surtax rate is equivalent to 1.0%, while the local option transient rental tax is 6.0%.

In brief, operating a truly short term rental business in Clearwater is not possible. However, investors can consider Airbnb long term rentals (of 1 month or more) as this can also be a very lucrative vacation rental investing strategy, especially if targeting digital nomads and remote workers.

6. Destin/Fort Walton, Florida Short Term Rental Laws

The City of Destin and the City of Fort Walton Beach share the same short term rental laws. This jurisdiction has adopted the Florida definition of a vacation rental.

STRs are allowed only in the following zoning districts: BRMU, CBR, CMU, GRMU, HIMU, NHMU, ROI-TD, SHMU, CBN, LDR-HI, MDR-HI, and HRD-HI.

Single family dwelling units including houses, duplexes, and townhouses that are rented between 1 day and 6 months need a City of Destin short term rental registration. 

To apply for this registration, hosts need to submit the following:

• Proof of ownership
• Notarized agent affidavit if not the property owner
• Site plan
• Parking plan
• City of Destin local business tax receipt and application
• Florida DBPR vacation rental dwelling license
• State of Florida resale tax certificate
• Notarized affidavit of bedrooms and parking
• $500-$700 application fee, depending on property size

Short term rental registrations are valid for a period of 1 year. Moreover, registrations are non-transferable.

In addition, Destin and Fort Walton Airbnb agents need to ensure compliance with regulations pertaining to parking, noise, signage, garbage containers, and use of recreational amenities.

Violations of any rules are fined.

With regards to STR taxes, the discretionary sales surtax amounts to 1.0% in Okaloosa County, and the local option transient rental tax is equivalent to 6.0%.

To conclude, buying a Destin short term rental is a viable option in certain districts, but investors need to carefully check zoning before moving forward with their purchase.

7. Jacksonville, Florida Short Term Rental Laws

The City of Jacksonville has stringent Airbnb laws. Short term rentals are allowed only in the Commercial Zone and the Historic Core Zone.

Moreover, vacation rental operators need to obtain a land use permit from the City of Jacksonville Planning and Development Department. This requires submitting a number of different documents. Additionally, they have to adhere to health and safety regulations and pay taxes.

In Duval County, the discretionary sales surtax is 1.5%, while the local option transient rental tax is 6.0%.

In general, investing in a Jacksonville Airbnb property is not a good idea from a legal point of view unless you buy a home in one of the 2 permitted zoning districts.

8. Kissimmee, Florida Short Term Rental Laws

The City of Kissimmee regulates short term rentals via the Land Development Code. Rules distinguish between vacation rentals in existing residential dwellings and in new developments.

Renting an existing dwelling for less than 30 days is not allowed in a residential district unless it is located in a Short Term Rental Planned Unit Development (SRPUD) or Mixed Use Planned Unit Development (MUPUD) within a Short Term Rental Overlay (STRO) district and was approved for a short term rental during the planned unit development approval process or prior to the creation of the STRO district regulations. Alternatively, the dwelling can be approved as a conditional use in a residential district.

New short term rental properties in Kissimmee need to meet the following requirements:

• Have a minimum project size of 2 acres and 12 dwelling units
• Have direct access to a collector or arterial road
• Have a 15+-foot  common area buffer with dense vegetation or a wall
• Be located in front of the development or provide separate driveway access in locations with mixed developments
• Be subject to a property owners’ association
• Be converted into short term rentals only if 80%+ of the owners accept the conversion
• Have sales contracts that indicate in bold red type the intended use
• Obtain applicable city, county, and state licenses

On some occasions, Kissimmee Airbnb hosts might need to apply for a conditional use permit, which requires a review by the Development Review Committee and a public hearing by the Planning Advisory Board.

In Osceola County, the discretionary sales surtax is 1.5%, and the local optional transient rental tax is 6.0%.

To conclude, investing in a Kissimmee short term rental is a viable option mostly when buying a property in a new development project designated for this purpose.

9. Naples, Florida Short Term Rental Laws

The City of Naples follows the Collier County definition of a short term vacation rental that refers to any habitable space, including a room, apartment, or living quarters, in any residential building, including but not limited to condominiums and single family or multi-family homes, rented for a period of 6 months or less.

According to Ordinance No. 2021-45, Naples short term rentals need to obtain a Collier County registration certificate. Applications can be submitted online and require the standard set of documents. A separate registration certificate is needed for each Naples Airbnb property. Operating without a registration certificate is fined by $500 per day.

Furthermore, Airbnb hosts need to maintain short term rentals in compliance with relevant land development codes, building codes, and fire prevention codes as well as noise, parking, and garbage regulations.

There is no discretionary sales surtax in Collier County, while the local option transient rental tax is 5.0%.

In conclusion, real estate investors can easily operate a short term rental business in Naples in terms of legality.

10. Fort Lauderdale, Florida Short Term Rental Laws

The City of Fort Lauderdale regulates Airbnb properties with Ordinance No. C-16-25, which defines vacation rentals in the same way as the State of Florida. In terms of zoning, only accessory dwellings in zoning districts RS-8 and RS-15 cannot be used as short term rentals.

Fort Lauderdale short term rentals need to obtain a vacation rental registration which requires:

• Florida DBPR license
• Florida DOR license
• Broward County business tax receipt
• Broward County tourist development tax application
• Proof of property ownership from the Broward County Property Appraiser’s website
• Sample copy of lease agreement
• Completed vacation rental application
• Inspection (afterwards)
• $350 registration fee for up to 4 units in 1 portfolio + $75 inspection fee (paid once the application has been processed)

All Fort Lauderdale vacation rental certificates expire on September 30 and need to be renewed by August 1. The annual fee is $160.

Short term rentals in Fort Lauderdale need to meet minimum safety requirements related to:

• Swimming pools
• Spas
• Hot tubs
• Smoke and carbon dioxide detection and notification systems
• Fire extinguishers, vehicle parking, and local telephone services

Further regulations set up:

• Maximum occupancy generally limited to 2 persons per sleeping room
• Solid waste handling and containment
• Minimum vacation rental agreement wording
• Minimum vacation rental lessee information
• Designation of a responsible party
• Advertising
• Posting of certificate of compliance
• Other standards associated with noise, setbacks, stormwater, and others

In Broward County, the discretionary sales surtax equals 1.0%, while the local option transient rental tax amounts to 6.0%.

Fort Lauderdale has some of the most lenient short term rental regulations in Florida allowing owner-occupied and non-owned occupied rentals in all locations, except only a couple of areas.

11. St. Petersburg, Florida Short Term Rental Laws

The City of St. Petersburg places short term residential rentals under transient accommodation uses. According to the Land Development Regulations (LDRs), short term rentals located outside an approved Resort Facilities Overlay district can be rented for a maximum of 3 times per 365 days. Vacation rentals that are rented more than 3 times per year need to operate as a licensed hotel/motel.

For owners who decide to list their properties within the specified limit, the discretionary sales surtax in Pinellas County is 1.0%, and the local option transient rental tax is 6.0%.

To sum up, St. Petersburg Airbnb laws essentially ban short term rentals as buying an investment property to rent up to 3 times a year does not make sense.

Bottom Line

Florida is one of the few US states that require licensing a vacation rental at the state level. Moreover, most counties and cities have adopted their own rules in an effort to regulate the Airbnb industry for the benefit of local residents and the safety of guests while still allowing investors to take advantage of this lucrative opportunity.

Florida short term rental laws are very diverse at the local level, so owners need to carefully check what regulations apply to them before listing their property for rent. In addition to doing their own research, hosts can consult with legal experts and also talk to Airbnb property managers.

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