How Florida’s New Laws Affect Your Airbnb and VRBO Listings

Florida has long been a top destination for tourists, and short-term rentals like those listed on platforms such as Airbnb and VRBO have become increasingly popular for travelers seeking more personalized accommodations. However, recent changes to Florida’s short-term rental regulations have left many hosts wondering how they will impact their businesses. In this blog post, we will explore the key aspects of Florida’s new short-term rental laws, their impact on hosts and guests, and what steps property owners need to take to stay compliant.

The Rise of Short-Term Rentals in Florida

Short-term rental platforms like Airbnb and VRBO have revolutionized the way travelers find accommodations, providing alternatives to traditional hotels and motels. In Florida, short-term rentals have grown immensely in popularity, especially in cities like Miami, Orlando, and Tampa, as well as in tourist-heavy areas like the Florida Keys and along the Gulf Coast. These rentals offer property owners the opportunity to generate income while providing guests with unique, home-like stays.

However, as the short-term rental market grew, so did concerns from local governments about zoning, safety, taxation, and neighborhood disruption. In response, Florida lawmakers have implemented several new regulations designed to balance the benefits of short-term rentals with the need to protect communities and ensure fair competition with traditional hospitality businesses.

Key Changes in Florida’s Short-Term Rental Regulations

In 2021, Florida passed new regulations aimed at regulating short-term rentals, impacting hosts, property managers, and local governments. These changes primarily address issues related to licensing, safety standards, and local control over short-term rental operations. Below are some of the major provisions of the new law:

1. Statewide Preemption of Local Regulations

One of the most significant changes in Florida’s new short-term rental laws is the statewide preemption clause, which limits the ability of local governments to enact their own laws regarding short-term rentals. This means that while municipalities and counties can still regulate things like zoning, parking, and noise, they cannot ban short-term rentals outright or impose overly restrictive regulations that conflict with state law.

This provision aims to create a more uniform regulatory environment across Florida, making it easier for hosts to understand the rules regardless of where they operate. However, some local governments have expressed concerns that this statewide preemption undermines their ability to address local issues, such as overcrowding in residential neighborhoods or the strain on local infrastructure.

2. Short-Term Rental Registration and Licensing

Under the new law, short-term rental operators must register with the Florida Department of Business and Professional Regulation (DBPR). This registration process includes providing information about the property, the number of rooms available for rent, and any other relevant details. Property owners are required to renew their registration annually, ensuring they remain compliant with state laws.

In addition to state registration, hosts must also collect and remit state and local taxes, including the transient rental tax (also known as the hotel tax), which is typically around 6% in Florida. Some counties and municipalities may also require an additional local tax on short-term rentals.

3. Safety and Health Standards

The new regulations require that short-term rental properties meet certain health and safety standards to ensure the safety of guests. For example, hosts are required to provide working smoke detectors, carbon monoxide detectors, and fire extinguishers. Properties must also comply with basic building code standards.

Hosts who fail to meet these safety requirements could face fines or penalties, and in some cases, their rental listing could be removed from platforms like Airbnb or VRBO. Therefore, it’s crucial for property owners to stay up to date on the latest safety regulations and conduct regular property inspections.

4. No More “Party House” Policies

Florida’s new regulations also focus on mitigating disruptive behavior often associated with short-term rentals. Many municipalities have enacted stricter rules on noise levels, occupancy limits, and parking, designed to prevent short-term rental properties from becoming “party houses” that disturb neighboring residents.

In response, hosts must be diligent about vetting guests, enforcing house rules, and ensuring that the property complies with occupancy limits set by local ordinances. Failure to do so can lead to penalties, fines, or even suspension of the short-term rental registration.

The Impact of Florida’s New Regulations on Airbnb and VRBO Hosts

For many Airbnb and VRBO hosts, these new regulations bring both challenges and opportunities. While the new rules help standardize the short-term rental market across Florida, they also add layers of administrative responsibility. Here’s how the new laws may impact you as a host:

Increased Administrative Burden: With new registration and licensing requirements, hosts will need to invest time and effort into keeping up with compliance. From ensuring that the property meets safety standards to managing taxes and renewals, hosts will need to stay organized to avoid penalties or disruptions in their rental listings.

Higher Costs: The requirement to collect and remit state and local taxes could increase the overall operating costs for short-term rental hosts. Additionally, compliance with safety regulations, such as installing detectors or providing fire extinguishers, may incur additional expenses. These costs should be factored into your rental pricing strategy.

Potential for Fewer Local Restrictions: On the positive side, the statewide preemption clause means that hosts may no longer need to worry about different, conflicting regulations in various cities or counties. This creates more consistency across Florida and can make it easier for property owners to operate without dealing with multiple layers of local laws.

Improved Credibility and Safety: With the new regulations in place, hosts who comply with the licensing and safety requirements may benefit from increased credibility among guests. The knowledge that a rental property meets state-mandated safety standards could help attract more responsible, safety-conscious renters.

What You Can Do to Stay Compliant

To stay compliant with Florida’s new short-term rental regulations, Airbnb and VRBO hosts should take the following steps:

• Register your property with the Florida Department of Business and Professional Regulation.
• Ensure your property meets safety and health standards, such as working smoke detectors and fire extinguishers.
• Collect and remit taxes required by the state and local governments.
• Stay informed about any changes to local ordinances and state laws that may affect your rental business.
• Enforce house rules to prevent disruptive behavior and ensure a positive experience for guests and neighbors.

Final Thoughts: Navigating the New Short-Term Rental Regulations in Florida

Florida’s new short-term rental regulations have a significant impact on property owners who list their properties on platforms like Airbnb and VRBO. While these regulations introduce new requirements and responsibilities, they also offer a more uniform and streamlined approach to short-term rental management. By staying informed and compliant, hosts can continue to run successful rental businesses while offering a safe and enjoyable experience for guests.

At DuFault Law, we specialize in real estate law and can help you navigate Florida’s changing regulations. Whether you’re just starting as an Airbnb host or need help with compliance and disputes, our experienced attorneys are here to help. Contact us for a consultation today!

Need Help Navigating Florida’s Short-Term Rental Regulations? Contact DuFault Law Today!

If you’re a short-term rental host in Florida and need assistance understanding or complying with the state’s new regulations, DuFault Law is here to help. Our experienced attorneys specialize in real estate law and can guide you through the legal requirements, ensuring your property stays compliant and your business thrives. Don’t risk penalties or losing your listing—reach out to us for expert legal advice and assistance.

Call us at (239) 422-6400 or email contact@dufaultlaw.com to schedule a free consultation today!