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Understanding Florida Short-Term Rental Rules
April 12, 2024

Florida is a popular destination for tourists and short-term rentals are a common way for visitors to find accommodations. However, the regulations surrounding short-term rentals in Florida can be complex and vary depending on the location of the rental property. These regulations are highly localized, so researching the specific rules for your property's location is essential.  Key areas to investigate include local ordinances, zoning restrictions, licensing requirements, tax collection responsibilities, potential Homeowners Association (HOA) rules, and appropriate insurance coverage for short-term rentals.

Ensuring complete compliance with Florida short-term rental regulations is essential not only for property owners but also for those seeking short-term accommodation.  Here's a breakdown of the key points to consider when researching Florida's short-term rental laws.

Understanding Florida Short-Term Rental Regulations:

Semi–tropical climate and pristine nature will be usually the reason of vacation planning. While the industry is experiencing exponential growth, this gives rise to the issue of regulation to guarantee safety and healthy competition of business partners. 

Property owners must be aware of the following key aspects:

  • Airbnb Regulations:

Airbnb properties in Florida may require owners to obtain specific licences. It is vital to ascertain whether it is in its compliance with local regulations and that there won't be penalties in the end.

  • Building Rules:

Residential buildings of a high class often have their own rules for rental periods because they want to keep the area harmonious and tranquil. Before renting out a property, confirm that the building permits short-term rentals to avoid fines.

  • Long-Term Vacation Rentals:

The regulations and licence requirements of local governments make them much more accessible to short-term tourists. The landlords must bear in mind a possibility of increasing early termination fees or applying a proportionally higher deposit when choosing for tenants with a moved-in period longer than one year.

  • Taxation Implications:

Potential Florida short-term property rentals are subject to tax-related ramifications, including that people lose homestead tax discounts. Although the property owner is obliged to fill in additional reporting forms the gross amount doesn't change.

  • Property Management Commissions:

The distinction between an honourable property management firm and failure in short-term rentals is to pick a trustworthy property management company. Examples of legitimate methods include trusted leads, getting a personal recommendation, and checking the credentials of the company by talking to their employees.

Stay Informed and Compliant:

Florida Short-Term Rental Ordinance Act laws are always unstable that’s why this task befalls property owners to stay updated. Through getting themselves informed about the most recent regulations and keeping in step with such, they will be able to avoid penalties and the legal problems as well.

How to Navigate Regulations in Florida for Your Airbnb Listing?

To ensure compliance with Florida Short-Term Rental Regulations for your Airbnb listing in Florida, research local laws and zoning regulations, obtain necessary permits and licences, understand tax obligations, comply with safety regulations, maintain liability insurance, stay informed of changes, communicate with neighbours, and consider professional assistance if needed.

Maximum Overnight Occupancy in Florida Short-Term Rentals:

The maximum overnight occupancy allowed in a Florida short-term vacation rental is not to exceed 12 persons, excluding children under the age of three years.

Legal Framework for Florida Short-Term Rentals:

The legal framework governing short-term rentals in Florida encompasses various regulations at both the state and local levels. While there is no specific statewide law that explicitly regulates short-term rentals, hosts must comply with various laws and regulations, including zoning ordinances, building codes, and safety standards.

At the state level, Florida Statute 509.032 prohibits local governments from enacting regulations that ban vacation rentals or impose undue burdens on them. However, local governments can still regulate short-term rentals through licensing, inspections, and other requirements.

Some key aspects of the legal framework for short-term rentals in Florida include:

  • Business Licenses and Taxes: Short-term rental hosts must obtain a business license and collect and remit sales tax, as well as any applicable local taxes, such as the tourist development tax.
  • Zoning Ordinances: Local zoning ordinances may dictate whether short-term rentals are allowed in specific areas, such as residential neighborhoods or condominium complexes. Hosts should verify that their property is zoned for short-term rentals.
  • Building Codes and Safety Standards: Short-term rental properties must comply with applicable building codes, fire safety standards, and health regulations. This may include installing smoke detectors, fire extinguishers, and ensuring the property is up to code.
  • Homeowners Association (HOA) and Condominium Association Rules: Many HOAs and condominium associations have their own rules regarding short-term rentals. Hosts should review their association's governing documents to ensure compliance with any restrictions or requirements.
  • Insurance: Hosts should have adequate insurance coverage for their short-term rental property, as traditional homeowner's insurance policies may not cover damages or liabilities arising from short-term rentals.
  • Occupancy Limits and Parking Requirements: Local regulations may impose occupancy limits and parking requirements for short-term rental properties. Hosts should be aware of these restrictions and ensure their guests comply.

Key Points on Florida Short-Term Rentals Law:

  • Florida Vacation Rental Act: The Florida Vacation Rental Act, outlined in Florida Statute 509.032, establishes the legal framework for vacation rentals in the state.
  • Definition: Vacation rentals are defined as the rental of a dwelling unit for a period of fewer than 30 days.
  • Local Regulations: Local governments in Florida have the authority to enact their own regulations and ordinances concerning short-term rentals. These can include zoning restrictions, licensing requirements, occupancy limits, noise regulations, and other operational guidelines. Compliance with local regulations is essential.
  • Home owner's Associations: If the property is part of a homeowner's association, additional rules and restrictions may apply. HOAs can have their own bylaws and regulations regarding short-term rentals within the community.
  • Taxation: Short-term rentals in Florida are subject to various taxes, including sales tax, tourist development tax, and local resort taxes. Property owners are typically required to register with the Florida Department of Revenue and collect and remit the applicable taxes.
  • Evolving Regulations: It's important to stay updated on any changes or updates to the short-term rental laws in Florida, as regulations can evolve over time. Consulting with legal counsel or local authorities is advisable for the most current and specific information.

Licensing Requirement for Florida Short-Term Rentals:

Yes, you need a licence from the DBPR (Department of Business and Professional Regulation) to rent out an entire unit more than three times in a calendar year for stays of less than 30 days. Since they are regarded as the vacation rental units in Florida, their renting necessitates the necessary DBPR licensing.

Summary:

Florida short-term rental regulations are complex and can change frequently. This blog post provides a general overview, but for the most accurate and up-to-date guidance on Florida's short-term rental regulations, as they apply to a Florida property, it's crucial to consult with a qualified legal or real estate professional for personalized advice and to ensure full compliance with the latest rules in your specific location. Also, consider visiting reAlpha's AI-based property description tool GenA's page [gena.realpha.com] to learn more about how AI can streamline your listing creation process.