Miami FL Airbnb & STR Regulations 2026
Navigate the complex regulatory landscape for short-term rentals in Miami and Miami Beach. Understand licensing requirements, zoning differences, taxes, and penalties.
Miami's short-term rental regulations are among the most complex in the United States, with significant differences between the City of Miami, Miami Beach, and unincorporated Miami-Dade County. Understanding these distinctions is critical before investing in a vacation rental property in South Florida.
Regulatory Overview
The Miami metropolitan area has a patchwork of STR regulations that vary by jurisdiction:
| Jurisdiction | STR Stance | Minimum Rental Period |
|---|---|---|
| City of Miami | Permitted with restrictions | Varies by zone |
| Miami Beach | Highly restricted | 6 months (residential) |
| Miami-Dade County (unincorporated) | Generally permitted | No minimum |
| Coral Gables | Prohibited | 12 months minimum |
| Sunny Isles Beach | Permitted in certain zones | Varies by building |
License Requirements
Operating a legal short-term rental in Miami requires multiple licenses and registrations at different government levels:
State of Florida Requirements
Required for all vacation rentals in Florida. Apply through the Department of Business and Professional Regulation. Annual fee: $170 for 1-49 units.
Register with the Florida Department of Revenue to collect 6% state sales tax on rentals.
City of Miami Requirements
Required for any change in property use. Apply through Miami Building Department. Processing time: 4-8 weeks.
Annual business license from the City of Miami. Cost varies based on rental income.
Required for Certificate of Use. Must have working smoke detectors, fire extinguisher, and clear egress.
Miami-Dade County Requirements
Register with Miami-Dade Tax Collector to collect and remit 6% TDT. File monthly or quarterly.
Required for unincorporated Miami-Dade County areas. Annual renewal required.
Zoning by Area
STR legality in the Miami metro area depends heavily on which jurisdiction and zoning district your property is located in.
Miami Beach - Strict Restrictions
Miami Beach has the most restrictive STR regulations in South Florida. The city enacted a comprehensive ban on short-term rentals in residential areas:
- Residential Single-Family (RS): STRs prohibited. Minimum rental period: 6 months
- Residential Multi-Family (RM): STRs prohibited. Minimum rental period: 6 months
- Resort District (RD): STRs permitted with proper licensing
- Commercial District (CD): STRs may be permitted in certain areas
- Town Center (TC): Mixed-use areas may allow STRs with restrictions
City of Miami - Zone Dependent
The City of Miami takes a more permissive approach, with STR legality varying by zoning district:
| Zone | STR Status | Requirements |
|---|---|---|
| T6 (Urban Core) | Generally Permitted | Certificate of Use required |
| T5 (Urban Center) | Permitted with limits | CU + special conditions may apply |
| T4 (General Urban) | Restricted | Limited to hosted rentals in some areas |
| T3 (Sub-Urban) | Limited/Prohibited | Generally not permitted |
| D1/D2/D3 (Special Districts) | Varies | Check specific district regulations |
Popular Miami Neighborhoods
- Brickell: Many high-rise condos allow STRs. Check individual building rules - some have minimum stay requirements (30, 60, or 90 days)
- Downtown Miami: T6 zoning generally permits STRs. Condo association rules are the main restriction
- Wynwood: D3 Arts & Entertainment District allows STRs in most buildings
- Design District: Commercial focus with STR-friendly zoning
- Little Havana: Mixed zoning - verify specific address
- Coconut Grove: Primarily residential with T3/T4 zoning - limited STR options
Unincorporated Miami-Dade County
Areas outside city limits (unincorporated Miami-Dade) tend to have more permissive STR regulations:
- No specific STR prohibition in most residential zones
- State and county licensing still required
- HOA restrictions may still apply
- Areas near airports (Doral area) may have additional noise ordinances
Taxes & Fees
Short-term rental operators in Miami must collect and remit multiple taxes. Understanding your total tax burden is essential for accurate financial projections.
Tax Breakdown
| Tax Type | Rate | Collected By |
|---|---|---|
| Florida State Sales Tax | 6.0% | FL Dept of Revenue |
| Miami-Dade Discretionary Surtax | 1.0% | FL Dept of Revenue |
| Tourist Development Tax (TDT) | 6.0% | Miami-Dade Tax Collector |
| Total Tax Rate | 13.0% | - |
Tourist Development Tax Details
The 6% Tourist Development Tax (also called the "bed tax") applies to all transient rentals of 6 months or less in Miami-Dade County:
- Funds support tourism marketing, convention center, and sports facilities
- Must register with Miami-Dade Tax Collector before collecting rent
- File returns monthly (if collecting $1,000+/month) or quarterly
- Late payment penalties: 10% + 1% per month
- Platform collection: Airbnb collects TDT automatically in Miami-Dade
Annual License & Permit Fees
- Florida DBPR License: $170/year (1-49 units)
- City of Miami BTR: $50-$200/year based on revenue
- Certificate of Use: $150-$500 (one-time, varies by property)
- Fire Inspection: $75-$150
- Miami-Dade Local Business Tax: $50-$100/year
Hosting Limits & Operational Rules
Beyond zoning and licensing, Miami-area STRs must comply with various operational requirements:
Occupancy Limits
- Maximum 2 persons per bedroom plus 2 additional (Florida DBPR standard)
- Local fire codes may impose stricter limits based on square footage
- Some condo associations limit total occupants regardless of unit size
Safety Requirements
Required in each bedroom and common areas. Test monthly.
Required if property has gas appliances or attached garage.
Minimum one ABC-rated extinguisher accessible to guests.
Florida law requires pool barriers, alarms, or safety covers for residential pools.
Condo Association Restrictions
Even in STR-friendly zones, condo associations may impose additional restrictions:
- Minimum stay requirements: 30, 60, or 90-day minimums common in Brickell
- Annual rental caps: Some buildings limit total rentals per year
- Guest registration: Advance notice and ID required
- Rental caps: Percentage of units that can be rented at any time
- Platform restrictions: Some HOAs ban Airbnb specifically
Penalties & Enforcement
Miami-area jurisdictions take STR enforcement seriously, with Miami Beach being particularly aggressive.
Miami Beach Penalties
Miami Beach enforcement methods include:
- 24/7 hotline for neighbor complaints
- Dedicated STR enforcement officers
- AI-powered monitoring of Airbnb, VRBO, and other platforms
- Undercover booking operations
- Property liens for unpaid fines
- Partnerships with platforms for data sharing
City of Miami Penalties
- Operating without permits: $500-$1,000 per day
- Failure to collect taxes: Back taxes + 25% penalty + interest
- Code violations: Varies by infraction, typically $250-$500
- Repeat offenders: Escalating fines and potential court action
State-Level Penalties
- Operating without DBPR license: Up to $1,000 per day
- Tax evasion: Criminal charges possible for willful non-compliance
- False advertising: DBPR can revoke license
2026 Regulatory Updates
Several significant changes have been implemented or are taking effect in 2026:
Miami-Dade County Updates
- Digital Registration Portal: New online system requires all STR operators to register and display permit numbers on all listings
- Enhanced Platform Coordination: County has agreements with major platforms for automatic permit verification
- Increased TDT Enforcement: Audits expanded with focus on properties not reporting through platforms
Miami Beach Updates
- AI Monitoring Expansion: City has deployed advanced monitoring tools to identify illegal listings across all platforms
- Neighbor Notification Program: Property owners within 300 feet notified of STR code violations
- Expedited Hearings: Special magistrate hearings for STR violations now scheduled within 30 days
City of Miami Updates
- Expanded STR Zones: Additional mixed-use areas in Brickell and Wynwood now permit STRs
- Streamlined Permitting: Online application process for Certificate of Use reduces approval time
- Good Neighbor Guidelines: New voluntary program for hosts to register and commit to operational standards
Frequently Asked Questions
Short-term rentals under 6 months are prohibited in most residential zones in Miami Beach. Only properties in Resort District (RD) or Commercial District (CD) zones can legally operate short-term rentals. Single-family homes and most condo buildings in residential areas cannot be used for Airbnb-style rentals. Always verify the zoning designation of any property before purchasing.
In the City of Miami, you need: 1) A Certificate of Use from the City of Miami Building Department, 2) A Business Tax Receipt (BTR), 3) Florida Department of Business and Professional Regulation (DBPR) license, and 4) Registration with Miami-Dade County Tax Collector for Tourist Development Tax collection. You may also need a fire safety inspection certificate.
Miami-Dade County charges a combined Tourist Development Tax of 6% on all short-term rentals. This is in addition to Florida state sales tax of 6% and Miami-Dade discretionary sales surtax of 1%, bringing the total tax burden to approximately 13% of rental income. Airbnb and VRBO collect these taxes automatically for most bookings.
Miami Beach has aggressive enforcement against illegal STRs. First-time violations start at $20,000 per violation, with fines doubling for repeat offenses up to $100,000. The city actively monitors platforms like Airbnb and VRBO and conducts neighborhood sweeps. Property owners can also face liens and legal action for unpaid fines.
In 2026, Miami-Dade County has enhanced its digital registration system requiring all STR operators to display valid permit numbers on listings. Miami Beach continues to strengthen enforcement with AI-powered monitoring. The City of Miami has expanded permitted zones for STRs in mixed-use areas near Brickell and Wynwood, making it easier to operate legally in those neighborhoods.
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