Rules & licensing

Florida short-term rental laws and licensing, explained.

Florida short-term rental law has two layers: a statewide framework that applies everywhere, and local rules that change county by county and city by city. Getting both right is what keeps a profitable listing from turning into a code or tax problem. Here is the plain-English version for 2026. (This is general information, not legal advice — always confirm current rules for your address.)

The statewide rules (apply everywhere)

  • DBPR license: Nearly every Florida vacation rental needs a license from the Department of Business and Professional Regulation, renewed annually (roughly $170–$180).
  • Taxes: You register with the Florida Department of Revenue and collect 6% state sales tax plus the county Tourist Development Tax (about 1%–6%) on stays of six months or less.
  • Safety standards: State balcony, railing, and basic safety requirements apply.

State preemption: what cities can and can’t do

Florida law prevents cities and counties from banning short-term rentals or regulating how often or how long you rent — unless they had an ordinance in place before June 1, 2011, which is grandfathered. That is why some markets have strict minimum-stay rules and others don’t. What local governments can do everywhere: set registration programs, occupancy limits, parking, noise, and zoning standards.

Senate Bill 280, which would have created a statewide registry and stronger preemption, was vetoed in mid-2024. So Florida’s patchwork of local rules continues into 2026 — the local layer still matters as much as the state one.

The local layer varies a lot — check your county

This is where owners get tripped up. A few real examples:

  • In Hillsborough County, much of the unincorporated residential area enforces a seven-night minimum.
  • Orange County (Orlando) largely restricts whole-home rentals; the city mainly allows owner-present home shares.
  • Pinellas County now requires a Certificate of Use, and Clearwater limits short stays by zone.
  • Miami-Dade County requires a Certificate of Use, and Miami Beach bans short-term rental in many zones with steep fines.
  • Across the Florida Keys, a 28-day minimum is the default outside specific licensed zones.

See the Florida overview to find the county and city rules that apply to your property.

Don’t forget the HOA or condo documents

Even where the city allows it, a condo or homeowners association can restrict or ban short-term rental in its governing documents — and those can be stricter than the local code. Always check them before you list.

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Martindale Hospitality Management is a boutique, owner-led vacation rental management company serving Florida owners, built on clear communication, well-run homes, and a better experience for both owners and guests.

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