- Florida licenses every short-term rental at the state level through the DBPR Division of Hotels & Restaurants - operating without a license is unlawful.
- State law preempts local bans: cities cannot prohibit or limit STR duration or frequency unless their ordinance predates June 1, 2011.
- Senate Bill 280, which would have added statewide registration, was vetoed in June 2024 and is not in effect, so the prior framework continues into 2026.
- Florida defines an STR as a unit rented for stays under 30 days (or a calendar month) more than three times a year.
- Local rules vary widely - the same operation can be legal in Davenport, restricted in Orlando, and effectively banned in Miami Beach.
Florida short-term rental law in 2026 is a two-layer system: the state licenses and taxes every vacation rental, while cities and counties set local operating rules within limits set by state preemption. The most important fact for hosts is that Florida prevents local governments from banning short-term rentals or capping their duration and frequency - unless the local ordinance was already in place before June 1, 2011. Here is how the rules actually work.
A short-term rental in Florida is a residential unit rented to guests for stays of less than 30 days (or one calendar month) more than three times per year. If that describes your property, you fall under state lodging law.
Florida's Statewide Framework and Preemption
Florida's preemption clause bars local governments from prohibiting short-term rentals or regulating their duration or frequency, unless the ordinance predates June 1, 2011. State licensing, taxes, and safety rules apply everywhere, while cities and counties handle registration, operational standards, and enforcement locally. This balance is why Florida remains one of the more STR-friendly states, even as individual cities tighten the screws. For where the numbers work, see our guide to Florida investment property locations.
Senate Bill 280: Vetoed and Not in Effect
Senate Bill 280 would have created statewide STR registration, expanded safety enforcement, and strengthened preemption, but it was vetoed in June 2024 and never took effect. As a result, the existing framework carries into 2026 unchanged. Hosts should still watch for renewed legislative efforts, but as of now there is no statewide registration mandate beyond licensing.
State Licensing and the DBPR
The Florida Department of Business and Professional Regulation (DBPR), through its Division of Hotels & Restaurants, licenses every public lodging establishment, including vacation rentals. Any dwelling or condo unit offered to the public for transient stays needs a state license, and operating without one is unlawful. This license is separate from - and in addition to - any local registration your city requires.
Taxes on Florida Short-Term Rentals
Florida STR operators must collect and remit state sales tax and county tourist development (bed) taxes on short stays. Many counties require a separate tourist tax account, and platforms like Airbnb collect some taxes automatically while leaving others to the host. Confirm exactly which taxes you owe and which your platform handles, because the host is ultimately responsible for compliance.
Local Rules Vary Widely
Because the state leaves operational standards to local governments, the same Airbnb can be perfectly legal in one city and heavily restricted in another. Cities commonly require local registration or certificates, fees, inspections, occupancy and parking limits, trash and signage rules, noise and nuisance enforcement, and a 24/7 responsible party. In practice, a rental can be open in Davenport, restricted in Orlando, and effectively banned in Miami Beach. Always check the specific city and county rules before you buy or list, and consider full-service Airbnb management in Orlando or your target market to stay compliant. You can also review broader Florida short-term rental regulations by area.
Frequently Asked Questions
Are short-term rentals legal in Florida?
Yes. Florida law permits short-term rentals statewide and prevents local governments from banning them, unless a local ordinance predated June 1, 2011.
Do I need a license for an Airbnb in Florida?
Yes. The DBPR licenses all vacation rentals through its Division of Hotels & Restaurants, and operating without a license is unlawful. Your city may also require local registration.
What happened to Florida Senate Bill 280?
It was vetoed in June 2024 and never took effect, so the prior regulatory framework continues into 2026.
How does Florida define a short-term rental?
A unit rented for stays under 30 days (or one calendar month) more than three times per year.
What taxes apply to Florida short-term rentals?
State sales tax plus county tourist development taxes. Platforms collect some automatically, but the host is responsible for full compliance.
Stay Compliant and Maximize Your Florida Rental
Awning, powered by RedAwning, manages vacation rentals across all 50 states and helps owners stay compliant while maximizing revenue. Schedule a free call to learn more.
By Sara Levy-Lambert | Awning Editorial Team | Powered by RedAwning. Published June 18, 2026. Sara Levy-Lambert is VP of Marketing at RedAwning, which manages 20,000+ vacation rental properties across all 50 states.
This article is general information, not legal advice. Short-term rental laws change and vary by city and county; verify current state and local rules before operating.
.webp)


%201.webp)
%203.webp)



%201.webp)
.webp)

