Last reviewed: 27 July 2026. This is a complete rewrite. Fee amounts from the previous version have been removed rather than repeated, because they change annually and should be taken from the issuing authority.
The short version
- There is no single "Miami" rule. The State of Florida, Miami-Dade County, the City of Miami and the City of Miami Beach each regulate separately, and they use different definitions of "short-term."
- You need up to four government approvals, plus a fifth that is not a government at all.
- The condo or homeowners association is the one that most often stops people. Florida's state preemption of local vacation rental rules does not reach associations.
- Get your Certificate of Use before you advertise. Miami-Dade requires it prior to listing on any platform.
- Zoning decides everything. Miami uses transect zones; Miami Beach prohibits short-term rentals across most residential areas.
- Miami Beach penalties are among the highest in the United States, reported from $20,000 for a first offence.
- Florida taxes any rental of six months or less as transient.
The four definitions problem
Start here, because almost every mistake traces back to it.
| Authority | How it defines the thing it regulates |
|---|---|
| Florida (tax) | Rental of living quarters for six months or less is a taxable transient rental |
| Florida (licensing) | Property rented more than three times a year for periods of less than 30 days needs a public lodging licence |
| Miami-Dade County | Transient rental accommodation is a stay of six months or less |
| City of Miami Beach | Short-term rental is a stay of less than six months and one day |
A booking can therefore be "short-term" for one authority and not another. Work out which definitions apply to your address before you build a business plan around a number.
Layer 1: The State of Florida
DBPR licence. The Department of Business and Professional Regulation, through its Division of Hotels and Restaurants, licenses public lodging establishments, including vacation rentals. There are two core categories, Dwellings and Condominiums. Operating without the licence is unlawful. Group licences are available for operators with multiple units.
Department of Revenue registration. You register for sales and transient rental tax purposes.
State preemption, and its limit. Florida law limits how far local governments can regulate vacation rentals. This sounds protective, and then you reach the exception that matters most: preemption does not apply to homeowners associations or condominium associations. Their governing documents can prohibit or restrict short-term rentals regardless of what the state, county or city permits.
Read the declaration and the association rules before you buy. Written confirmation from the association, not the listing agent and not "the previous owner did it."
Layer 2: Miami-Dade County
The county's standards for short-term vacation rentals sit in Section 33-28 of the Miami-Dade County Code.
Key points from the county's own guidance:
The Certificate of Use comes first. You must obtain a Certificate of Use (CU) before listing and advertising the property on any peer-to-peer platform. Not after. Not while the listing is live.
Association authorisation. If the property is part of a condominium or homeowners association, written authorisation is required.
Tourist Tax Account. Anyone renting transient accommodation for six months or less must register for a Tourist Tax Account and collect and remit monthly Convention and Tourist Development taxes.
Inspection. The CU process involves an inspection, and you will be asked to produce your licences and records demonstrating compliance with state and county requirements. The certificate and its number must be visibly displayed at the property.
If you are inside a municipality, the county is not your only authority. The county states directly that owners in incorporated municipalities must contact that municipal government for its own regulations. Section 33-28 governs unincorporated Miami-Dade.
Penalties. Violations are subject to the civil penalty schedule in Chapter 8CC of the county code. Separately, once a citation has been issued for a Section 33-28 violation, a violation fee is added to the cost of obtaining a CU: the county quotes $231.90 plus double the cost of the certificate.
Sources: Miami-Dade County, Short-Term Vacation Rentals (Neighborhood Compliance) and Short-Term Vacation Rentals (Building standards)
Layer 3: The City of Miami
The City of Miami operates independently of the county and is generally regarded as one of the stricter jurisdictions in Florida.
Transect zones. Miami's zoning code divides the city into transect zones running from T1 to T6. Short-term rentals are generally permitted in T4, T5, T6 and CI-HD, and generally not permitted in T3, which covers most low-density residential neighbourhoods. Your address determines the answer, so check the specific zone rather than the neighbourhood name.
Conversion to lodging use. Where permitted, the city runs a formal process that can include an Operational Management Plan, a Certificate of Use and Occupancy, the DBPR licence, and a city Business Tax Receipt. Inspections and renewals are part of the ongoing lifecycle.
Building reclassification. Where a significant share of a building's units convert to transient use, the city may require reclassification, which can bring additional safety and operational standards of the kind applied to apartment-hotel or condo-hotel settings.
Low-density zones. Where short-term rental is permitted in estate or low-density residential zones, the responsible party may be required to reside on site for more than six months a year.
Layer 4: The City of Miami Beach
Miami Beach is the strictest of the four and the penalties are the reason to be careful.
Definition. Short-term rental means a stay of less than six months and one day.
Zoning. Short-term rentals are prohibited in all single-family districts and across much of the multifamily stock. Only specific districts permit transient occupancy. Miami Beach publishes a lookup tool so you can check a specific address.
What you need where it is allowed:
- Florida DBPR licence
- Miami-Dade County Certificate of Use
- Miami Beach Business Tax Receipt
- Miami Beach Resort Tax Certificate
- Approved Certificate of Use, recorded warranty deed or bill of sale, articles of incorporation, federal ID number, Florida Annual Resale Certificate, and state licence, per the city's published requirements
The association letter. For condominium units, Miami Beach requires a letter from the association confirming that transient rental activity is permitted at that address. The letter must be dated within the previous 60 days, and if the association itself does not hold an active Business Tax Receipt, that must be approved before the city will release the unit's.
That requirement deserves emphasis. Your city licence is contingent on a document your association can decline to renew.
Occupancy limits. Miami Beach applies tight occupancy rules that do not scale with bedroom count, and required notices covering occupancy, emergency contacts and noise rules must be posted at the property.
Penalties. Reporting consistently places Miami Beach fines starting at $20,000 for a first offence and escalating past $100,000 for repeated violations, with figures around $1,500 per day cited for minimum-stay breaches in restricted areas. Enforcement can also include liens, shutdown orders, eviction of guests, and platform suspension.
Confirm current amounts with the city. These are the highest short-term rental penalties in the country and not a number to take from a blog.
Sources: City of Miami Beach, Short-Term Rental Requirements and the city's Practice Safe Renting address lookup
Tax, stacked
Miami has more tax layers than most US markets.
| Layer | What it is |
|---|---|
| Florida state | Sales tax and transient rental tax, via the Department of Revenue |
| Miami-Dade County | Convention and Tourist Development taxes, remitted monthly, requires a Tourist Tax Account |
| Miami Beach | Resort Tax, reported at 4% on gross short-term rental revenue |
The trap: platforms may collect and remit some of these automatically but not all of them. The Miami Beach Resort Tax in particular commonly requires separate registration and reporting even where a platform handles state and county amounts. Confirm exactly which layers your platform covers and which are yours, in writing, with a Florida accountant.
A practical checklist
- Identify every authority with jurisdiction over your address: state, county, and city if incorporated
- Confirm your zone permits short-term rental, using the city's own map or lookup tool
- Obtain written authorisation from your condo or homeowners association, and diarise its renewal
- Apply for the Florida DBPR licence
- Register with the Florida Department of Revenue
- Obtain the Miami-Dade Certificate of Use before advertising anywhere
- Register for a county Tourist Tax Account and set up monthly remittance
- Obtain the city Business Tax Receipt, and in Miami Beach the Resort Tax Certificate
- Prepare an Operational Management Plan if the City of Miami requires one
- Display your certificate number and required notices at the property
- Confirm which taxes your platform remits and which you remit
- In Miami Beach, track the 60-day validity of your association letter
Verified official sources
Miami-Dade County
- Short-Term Vacation Rentals, Neighborhood Compliance
- Short-Term Vacation Rentals, Building standards
City of Miami Beach
Named, not linked
- Section 33-28, Miami-Dade County Code, the operative standard for unincorporated Miami-Dade
- Chapter 8CC, Miami-Dade County Code, civil penalty schedule
- Chapter 509, Florida Statutes, public lodging licensing
- Florida Department of Business and Professional Regulation, Division of Hotels and Restaurants
- Florida Department of Revenue, transient rental tax
- City of Miami zoning code (Miami 21), transect zones
- City of Miami Beach code provisions on short-term rental prohibition in residential districts
- Your association's declaration, bylaws and rules, which sit outside state preemption
Important disclaimer
This article is not legal, tax or financial advice. It is general information written for a non-specialist reader, by a key management company rather than a law firm.
Miami is one of the most fragmented short-term rental environments in the United States. Four authorities regulate it using different definitions, the rules change at city and county lines, and litigation over the scope of Florida's state preemption of local vacation rental regulation is ongoing. Fee amounts and penalty schedules are revised. Your condominium or homeowners association can prohibit the activity regardless of every permit you hold.
Verify your specific address against the county and the relevant municipality, and read your association's governing documents, before acting. Given the penalty levels in Miami Beach in particular, engage a Florida attorney and a local accountant before committing capital.
If you spot an error, an omission, or something that needs updating, please tell us and we will fix it.
