Florida is one of the most dynamic short‑term rental markets in the United States. Visitor demand is breaking records, with the state reporting roughly 143 million visitors in 2024 and record‑setting Q1 and Q2 2025 visitation on top of that. Such high numbers sustain pressure on operators to keep properties compliant, quiet, and guest‑ready while neighbors and local governments increase enforcement expectations.
At the same time, the legal framework remains a blend of statewide rules and local programs. A 2024 effort to centralize more of the rules (CS/SB 280) passed the Legislature but was vetoed, so the 2011 preemption and local patchwork continue to govern operations for 2025–2026. In other words, Florida’s short‑term rental laws are both clear and nuanced: state licensing, taxes, and safety rules apply everywhere, while cities and counties set operational standards, registration, and enforcement locally.
This article will explore the statewide baseline, what local governments can and can’t do, the most common city and county requirements, and the operational practices that protect your business and your community.
Florida regulates “public lodging establishments,” a term that includes hotels and vacation rentals. Two state definitions matter most: one for licensing and one for tax.
Under the public lodging statute, a vacation rental is a transient public lodging establishment that is either a single‑family dwelling or a unit in a condo or co‑op. In plain terms, if you’re renting a home or condo unit to the public for short stays and with sufficient frequency, you’re in vacation rental territory for licensing.
“Transient” in this context refers to stays of less than 30 days or one calendar month, and a pattern of operation more than three times per year. While the specific “three times per year” threshold is clarified operationally through the Department of Business & Professional Regulation (DBPR) guidance and enforcement, the licensing requirement itself stems from Chapter 509’s licensing mandate for public lodging establishments.
For tax purposes, Florida treats any rental of living quarters for six months or less as a taxable transient rental, whether that’s a hotel room, condo, apartment, or house. The statewide 6% sales tax applies to these transient accommodations. That means you can be both a licensable vacation rental and a taxable transient rental at the same time, even though the thresholds and definitions differ slightly between the licensing and tax codes.
The Department of Business and Professional Regulation, via the Division of Hotels & Restaurants, licenses every public lodging establishment, including vacation rentals. Operating without the proper license is unlawful.
If your operation is a dwelling or condo unit offered to the public for transient stays, you need a state license. DBPR issues two core types: Dwellings and Condominiums. In addition to having the licence, the statute also makes it a requirement to display it “in the office or lobby of the licensed establishment.”
Importantly, a state license does not override local zoning or private restrictions. Think of it as your statewide “permission” to operate a transient lodging business, subject to all other applicable rules.
DBPR applications will capture ownership or responsible party details, the property address and unit identifiers, the license type and number of units, and fee payment. Many local governments require you to secure local approvals or registration before DBPR issues or renews a state license, so it’s common to prepare state and local paperwork at the same time. Also be aware that DBPR can inspect before or after licensing, and definitely will if they receive complaints.
State law expects licensed operators to keep premises safe and sanitary, comply with the Florida Building Code and Florida Fire Prevention Code, respond to complaints, and allow inspections. Florida also has a requirement for human‑trafficking awareness training and signage for public lodging establishments. If your operation has applicable staff, you must provide annual training, keep acknowledgments, and post required notices, with noncompliance triggering potential fines of $2,000 per day.
Even if a host operates without a license, tax obligations still apply when the transaction meets the statutory definition of a transient rental.
Florida imposes a 6% state sales tax on transient accommodations of six months or less. Depending on your location, a county discretionary surtax may also apply to the same base. You must register with the Florida Department of Revenue, collect tax from guests, and file returns on the prescribed schedule.
Counties can levy a Tourist Development Tax (TDT) of 1%–6% on accommodations of six months or less. The combined tax burden of state, county TDT, and any local surtaxes can be 10%–13%.
Platform rules vary by county. Some counties have agreements where platforms collect and remit certain taxes on a host’s behalf. Others require hosts to register and remit directly. For example, Seminole County explains that platforms remit TDT for bookings made through them, while hosts remain responsible for direct bookings, as detailed in the county’s guidance. In Santa Rosa County and Flagler County, hosts must register and remit TDT directly. Platform collection policies are also summarized at Airbnb’s help center, which you should review alongside county rules to avoid gaps.
Florida doesn’t publish a single “STR safety checklist” statute. Instead, you’re expected to comply with statewide building and fire codes and any local amendments.
In practice, that means code‑compliant egress from sleeping rooms, smoke and carbon monoxide alarms where required, accessible fire extinguishers, safe electrical and mechanical systems, proper railings, and pool safety barriers if applicable. Occupancy is often limited by code as well, and many local ordinances layer on explicit caps.
Two other state rules affect day‑to‑day operations:
Finally, since 2021, cities and counties generally can’t open code cases based on anonymous complaints unless there’s an imminent threat. This change has influenced how neighbors report issues and how operators document noise and occupancy compliance.
Florida has strong state preemption on certain aspects of vacation rentals, while leaving considerable room for local operational regulation.
Cities and counties may not prohibit vacation rentals or regulate the duration or frequency of stays, unless they had ordinances in place by June 1, 2011, in which case those rules are grandfathered and remain enforceable. The controlling language is in Florida Statutes §509.032(7).
As noted at the start of this article, a broad 2024 bill to standardize more rules statewide was vetoed, which means the existing preemption plus local regulatory space continues unchanged.
Local governments commonly regulate vacation rentals through registration or certificates, fees, inspections, safety, occupancy, parking, trash, signage, and advertising rules. They can enforce noise and nuisance limits, require a 24/7 responsible party, and sanction noncompliance through code enforcement systems. Many demand that you include a local registration or state license number in your online listings.
This is where Florida’s patchwork emerges. Two adjacent jurisdictions can have very different frameworks, so always check your city if you’re inside an incorporated area, or your county if you’re in the unincorporated area.
Because state law preempts bans and post‑2011 limits on stay length, Florida cities and counties focus on the operational side. Here are commonly cited examples to help you calibrate your compliance program:
These examples reflect a consistent pattern statewide: local registration and inspection, zoning‑based eligibility, explicit occupancy and parking rules, in‑unit postings about conduct and contacts, and responsive management.
Use this field‑tested sequence to move from idea to inspection‑ready:
Professional managers in Florida increasingly adopt privacy‑safe monitoring and automated guest messaging to prevent disturbances and document compliance. Minut’s sensor for vacation rentals measures noise levels without recording audio, aligning with Florida’s two‑party consent law while giving you objective, time‑stamped readings that can resolve issues quickly and stand up in code hearings.
In jurisdictions where a noise device is required — such as Fort Lauderdale — the ability to deploy a single, privacy-first sensor that also supports occupancy awareness, cigarette smoke detection, and in‑stay communications gives you one system for prevention, response, and record‑keeping.
Yes. If you rent a dwelling or condo unit to the public for short stays and operate more than three times per year, you must hold a DBPR license as a public lodging establishment, specifically as a vacation rental.
At a minimum, 6% state sales tax on rentals of six months or less. Most counties add a Tourist Development Tax of 1%–6%, plus local discretionary surtaxes in some areas. Check whether your platform remits any portion, and register locally where needed.
Yes, privacy‑safe noise level sensors are legal and sometimes required. Florida is a two‑party consent state for recording oral communications, so devices should monitor decibel levels without capturing audio content. Some jurisdictions, like Fort Lauderdale, explicitly require a noise level device and set data retention expectations.
The information in this article is provided for general informational purposes only and reflects regulations as they were understood at the time of writing. It should not be considered legal advice. Laws and enforcement practices may change without notice, and local interpretations can vary. Always verify current requirements with official city, county, or state authorities before operating a short-term rental.
