Short-term rental rules in Miami

Legal regime

Florida state law preempts local regulation of the duration or frequency of vacation rentals (Florida Statutes § 509.032): municipalities and counties may not prohibit vacation rentals or impose rental frequency or duration restrictions. Short-term rentals that constitute transient public lodging establishments (defined as vacation rentals under FS § 509.242(1)(c): any single-family, two-family, three-family, or four-family dwelling or condominium/cooperative unit that is a transient public lodging establishment but not a timeshare project) require an annual state license from the Florida Department of Business and Professional Regulation (DBPR), Division of Hotels and Restaurants (FS § 509.241). The Florida state transient rental tax of 6% of gross rental consideration applies to all transient rentals (FS § 212.03); Miami-Dade County also imposes a tourist development tax authorized under FS § 125.0104 — verify the current county rate with the Miami-Dade County Tax Collector (miamidade.gov/taxcollector). No statewide cap on the number of nights per year applies; local duration and frequency restrictions are preempted under FS § 509.032.

Key parameters

License required

Yes

Max nights/year

No cap specified

License process

Obtain an annual vacation rental license from the Florida DBPR, Division of Hotels and Restaurants, before commencing rentals (FS § 509.241). Application is submitted through the DBPR licensing portal (myfloridalicense.com). License is renewed annually on a staggered schedule established by the division. Initial application fee: up to $50; late renewal fee: up to $50 delinquent (aggregate license fee cap $1,000 per establishment per FS § 509.251; exact current fee set by DBPR rule — verify at the DBPR portal). Full fee applies if submitted during the annual renewal period or more than 6 months before next renewal; half fee applies if submitted 6 months or fewer before the renewal period. Multiple vacation rental units at separate locations managed by one licensed agent may be combined in a single license application. Notify the division within 30 days of any change to the property address or unit configuration (FS § 509.241). No separate City of Miami vacation rental permit is currently required under Florida state preemption.

Applicable taxes

Official sources

• https://www.flsenate.gov/Laws/Statutes/2024/509.032
• https://www.flsenate.gov/Laws/Statutes/2024/509.241
• https://www.flsenate.gov/Laws/Statutes/2024/509.242
• https://www.flsenate.gov/Laws/Statutes/2024/212.03
• https://www.flsenate.gov/Laws/Statutes/2024/509.251
• https://www.flsenate.gov/Laws/Statutes/2024/125.0104
• https://www2.myfloridalicense.com/hotels-restaurants/vacation-rental/
• https://www.miamidade.gov/taxcollector/