The Ultimate Florida Short Term Rental Compliance Checklist

Florida is a dream destination for travelers — which means it’s also a hot spot for short-term rentals. Platforms like Airbnb and VRBO have made it easier than ever to turn a spare room, vacation home, or investment property into an income stream. But with opportunity comes responsibility: short-term rentals are highly regulated in Florida, and every city, county, and HOA may have its own rules.

If you don’t take the time to understand the requirements, you could face steep fines, code enforcement actions, or even be shut down entirely. This guide walks you through state laws, local ordinances, licensing requirements, tax obligations, and HOA restrictions so you can operate your short-term rental confidently and legally.

Understanding What Counts as a Short-Term Rental

Under Florida law, a short-term rental (sometimes called a “vacation rental”) is generally defined as a property rented more than three times per year for periods of less than 30 days. This definition covers single-family homes, condos, duplexes, and townhouses.

Even occasional hosts need to pay attention. Renting out your property for just a handful of weekends a year can still put you in the short-term rental category — and trigger licensing and tax obligations.

State Licensing Requirements: DBPR Compliance

The Florida Department of Business and Professional Regulation (DBPR) oversees short-term rentals. To operate legally, you must obtain a DBPR license:

• Vacation Rental – Dwelling: For single-family homes, townhomes, or duplexes.
• Vacation Rental – Condominium: For condo units.

Licensing requires payment of annual fees, compliance with basic safety standards (like smoke detectors and fire extinguishers), and in some cases balcony inspections. Recent updates also require hosts to complete human trafficking prevention training, a crucial but sometimes overlooked requirement.

Failure to obtain a license can result in daily fines and enforcement actions that quickly outweigh your potential rental income.

Tax Obligations: Don’t Get Caught Off Guard

In Florida, short-term rental income is subject to multiple layers of taxation:

• State Sales Tax: 6% statewide.
• Tourist Development Tax: Varies by county, often 3–6%.
• Discretionary Surtax: Additional local taxes may apply.

Many platforms (like Airbnb) collect state and local taxes automatically — but not all do, and not every county participates in platform tax programs. You are ultimately responsible for registering with the Florida Department of Revenue and remitting any unpaid taxes.

Local Zoning and Registration Rules: The Patchwork Problem

Florida law allows local governments to regulate the “how” of short-term rentals but not to ban them entirely based on duration or frequency (for ordinances passed after 2011). However, many cities have older ordinances still in effect — and even newer rules can impose strict requirements. For example:

• Miami Beach: STRs are banned in most residential neighborhoods. Fines can exceed $20,000 per violation.
• St. Petersburg: Rentals under 30 days are limited to three per year in certain residential zones. Violators risk code enforcement action and mounting fines.
• Naples & Destin: Require registration, occupancy limits, and adherence to noise and parking ordinances.

Local rules can include permit requirements, maximum guest caps, minimum night stays, inspection mandates, and neighbor notification.

HOA and Condo Association Restrictions

If your property is in a homeowners association or condominium, their rules may be even more restrictive than local ordinances. Many associations impose:

• Minimum rental periods (30, 60, or even 90 days).
• Limits on the number of rentals allowed per year.
• Tenant pre-approval requirements.

Florida law limits how new restrictions apply — typically they only bind owners who purchased after the rule was adopted, unless the owner voted in favor. But even so, violating HOA rules can result in fines, suspension of community privileges, or liens against your property.

Enforcement and Penalties

Local governments are actively enforcing short-term rental rules. Code enforcement officers investigate complaints, and fines can accumulate daily until violations are resolved. In some areas, neighbors have filed dozens of complaints, resulting in hundreds of enforcement actions.

A single violation can wipe out months of rental income, so compliance is not optional.

Staying Ahead of the Curve

Florida lawmakers have debated creating a statewide system to simplify rules, but for now, local governments remain in control. That means the legal landscape can change quickly. Consider:

• Monitoring your city or county’s council meeting agendas.
• Setting up Google Alerts for “short-term rental ordinance” + your city.
• Working with a local real estate or land use attorney who can help you stay ahead of compliance requirements.

Florida Short-Term Rental Compliance Checklist

Final Thoughts

Florida offers one of the most lucrative short-term rental markets in the country — but it also has some of the most complex regulations. By understanding state licensing requirements, staying on top of local zoning and HOA rules, and paying all required taxes, you can build a profitable, compliant rental business that avoids fines and disputes.

The bottom line: hosting legally is good business. Take the time to get it right before you list — your future self (and your wallet) will thank you.

Confused by Florida’s Short-Term Rental Rules?

Don’t risk fines, enforcement actions, or neighbor disputes. Our real estate attorneys help property owners navigate state licensing, local zoning laws, tax obligations, and HOA restrictions so they can host with confidence.

• Call us at (239) 422-6400
• Email us at contact@dufaultlaw.com
• Or Visit our Contact Page to schedule a consultation