Florida · Bay County
Bay County
Short-term/vacation rentals are legal in Bay County. In unincorporated Bay County, Ordinance 23-18 (adopted Aug 1, 2023) requires a Short-Term Vacation Rental Certificate obtained via registration and a passed Fire/Life Safety inspection for 1-4 family dwellings, RVs, and mobile homes (high-rise condos and apartment complexes are currently exempt). Statewide, a DBPR vacation-rental license and a 5% county Tourist Development Tax (self-administered by the Bay County Clerk) also apply. Under Fla. Stat. 509.032(7)(b) the county may not prohibit vacation rentals or regulate their duration/frequency, so registration/inspection is permitted but outright bans and min-stay caps are not. Incorporated cities (e.g., Panama City Beach, Panama City, Mexico Beach) run their own separate programs.
Not legal advice. Last verified 2026-07-02 · sources linked below.
Requirements checklist
-
state DBPR Vacation Rental License Required
-
county Bay County Short-Term Vacation Rental Certificate (unincorporated areas) Required
-
county Bay County Tourist Development Tax account registration Required
Taxes
| Tax | Rate | Administered by | Airbnb remits | Vrbo remits |
|---|---|---|---|---|
| Florida state transient rental sales tax | 6% | Florida Department of Revenue | Yes | No |
| Bay County discretionary sales surtax | 1% | Florida Department of Revenue | Yes | No |
| Bay County Tourist Development Tax (TDT / bed tax) | 5% | Bay County Clerk of Court & Comptroller (self-administered county) | No | No |
Operating rules
- Primary residence
- No
- Min stay (nights)
- —
- Max nights / year
- —
- Max occupancy
- Occupancy limit of one person per 150 sq. ft. of habitable space (excluding certain areas), per Ordinance 23-18 for unincorporated Bay County.
- Zoning-restricted
- No
- Cap on licenses
- —
Grandfathering: Under Fla. Stat. 509.032(7)(b), local vacation-rental ordinances adopted on or before June 1, 2011 are grandfathered/enforceable. Bay County's registration/inspection ordinance (23-18) was adopted Aug 1, 2023 and therefore may not prohibit vacation rentals or regulate their duration or frequency; it is limited to registration, licensing, inspection, and life-safety requirements applied evenly.
Zoning: The county ordinance applies to 1-4 family dwellings, RVs, and mobile homes in unincorporated areas; high-rise condominium units and apartment complexes are currently exempt. Incorporated cities (Panama City Beach, Panama City, Mexico Beach, Lynn Haven, Callaway, Springfield, Parker) administer their own separate STR programs and zoning.
- State preemption (Fla. Stat. 509.032(7)(b)) bars the county from prohibiting vacation rentals or regulating rental duration/frequency; no minimum-stay or annual-night cap may be imposed. Evidence: "A local law, ordinance, or regulation may not prohibit vacation rentals or regulate the duration or frequency of rental of vacation rentals. This paragraph does not apply to any local law, ordinance, or regulation adopted on or before June 1, 2011."
- SB 280 (2024) statewide vacation-rental registry was passed by the legislature but VETOED by Gov. DeSantis on 2024-06-27, so no statewide registry is in effect.
- Occupancy figure (1 person per 150 sq ft) is from unincorporated-county Ordinance 23-18, corroborated via WebSearch of the official baycountyfl.gov program page (direct fetch Akamai-blocked). Individual cities within Bay County set their own occupancy and permit rules.
Enforcement
- Active enforcement
- Bay County enforces its unincorporated-area STR ordinance (23-18) through the Fire and Life Safety Inspection Bureau and code enforcement. As of mid-2025 the county rolled out a new enforcement/communication approach and a property portal (Community Connect), starting outreach 'from ground zero' with postcards and offering leniency to owners making good-faith compliance efforts while pursuing fines against those deliberately avoiding registration/certification.
- Fines
- Non-compliance fines up to $1,000. A $35 fee applies when a property owner modifies their registration information (reduced from a proposed $100 'to avoid punishing compliant parties'). Late Tourist Development Tax filings lose the 2.5% collection allowance and incur a minimum $50 penalty plus interest.
- Notes
- Fine cap ($1,000) and the $35 registration-change fee are quote-confirmed from WJHG (2025-06-18) coverage of the Bay County Commission because baycountyfl.gov returned HTTP 403 (Akamai bot wall) on direct fetch. TDT penalty/collection-allowance terms were read firsthand from the Bay County Clerk TDT page. The prior draft's 'referral to a special magistrate' language was NOT found in any readable official/news source and has been removed. The county STR inspection-fee dollar amount could not be quote-confirmed (page Akamai-blocked); see requirements note. Treat ordinance-specific figures as needs_review.
Official sources
- tax_page Bay County Clerk of Court & Comptroller - Tourist Development Tax ↗ checked 2026-07-02
- state_form Florida DOR Form DR-15TDT - Local Option Transient Rental Tax Rates ↗ checked 2026-07-02
- state_form Florida DOR Form DR-15DSS (CY2026) - Discretionary Sales Surtax Information ↗ checked 2026-07-02 · changed 2026-01-01
- state_page Florida DBPR - Vacation Rentals & Timeshare Projects Licensing Guide ↗ checked 2026-07-02
- statute Fla. Stat. 509.032 - Duties (vacation rental preemption 7(b)) ↗ checked 2026-07-02
- county_program_page Bay County, FL - Short-Term Vacation Rental Inspections (Ordinance 23-18) ↗ checked 2026-07-02 · changed 2023-08-01
- county_program_page Bay County, FL - Register your short-term rental in unincorporated Bay County ↗ checked 2026-07-02
- news WJHG - Bay County fixing fee and fine structure for short-term rental owners (2025-06-18) ↗ checked 2026-07-02 · changed 2025-06-18
- county_registration_portal Bay County Tourist Development Tax registration portal ↗ checked 2026-07-02
Informational summary of publicly available sources; not legal advice. Verify against the linked official sources.