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How does Florida regulate short-term rentals?

On Behalf of | Jan 19, 2024 | Residential Real Estate |

In Florida, the vacation rental market, including popular platforms like Airbnb, is subject to a complex set of state and local regulations. These laws are designed to ensure the safety and satisfaction of guests while balancing the interests of local communities and property owners.

Anyone considering operating a short-term rental should ensure they fully understand the specific regulations that they must comply with to move forward in this way in Florida.

Licensing and permits

A critical regulation is a state vacation rental license requirement, mandated for properties rented out more than three times annually for stays shorter than 30 days each. This licensing, overseen by the Florida Department of Business and Professional Regulation (DBPR), is fundamental to legal rental operations.

Additionally, many Florida counties and municipalities enforce vacation rental ordinances. These may include stipulations on minimum stay durations, noise constraints and parking logistics. Property owners must familiarize themselves with state and local ordinances to ensure full compliance.

Zoning restrictions and compliance

Florida’s short-term rental zoning laws vary significantly by locality, influencing aspects from the type of accommodations permitted to the duration of stay and the nature of rental activities. Ensuring conformity with these local zoning regulations is crucial to mitigate legal risks and operational disruptions.

Operational standards and guest accommodation obligations

Florida vacation rental rules stipulate stringent operational criteria for properties, extending to areas such as sanitation, safety and disability access. Property owners are held to the highest standards for clean environments and secure premises, with specific regulations governing everything from kitchen upkeep to the overall cleanliness of the rental units.

Taxes and fees

Short-term rentals in Florida are subject to a 6% transient rental tax, county-imposed sales surtax and local option transient rental taxes. Property owners must also consider fees for obtaining and renewing Florida vacation rental permits. This financial management aspect is crucial for hosts to ensure a profitable and law-abiding enterprise in Florida’s vibrant tourist market.

Because short-term rental laws and regulations can change often, seeking personalized legal guidance is advisable. This can help to prevent future compliance issues.