RuleGrid

Florida · Miami Beach

Miami Beach

city Restricted Verified · last verified 2026-07-02

Short-term/vacation rentals (less than six months and one day) are prohibited in all single-family homes and in many multifamily buildings; they are legal only in specific zoning districts (e.g., RM-1, RM-2, RM-3, MXE, CD-2, CD-3, RPS-3/4, TC-1/3) and only for properties holding a City Business Tax Receipt, Resort Tax certificate, and Certificate of Use, plus the state DBPR license and Miami-Dade Certificate of Use. Florida's 509.032(7)(b) duration/frequency preemption does not disturb Miami Beach's zoning-based prohibition because the ordinance framework predates June 1, 2011 (grandfathered).

Not legal advice. Last verified 2026-07-02 · sources linked below.

Requirements checklist

  • state Florida DBPR Vacation Rental License Required
    Fee: $170 / year · Renewal: annual · Applies to: Any owner renting an entire dwelling/condo unit for periods of less than 30 days (or 1 calendar month, whichever is less) more than three times in a calendar year, or advertising it as such. · official page ↗
  • county Miami-Dade County Certificate of Use Required
    Fee: $139.44 / year · Renewal: annual · Applies to: Residential properties operated as short-term / vacation rentals in Miami-Dade County; must be obtained prior to listing/advertising the property on any peer-to-peer platform. · official page ↗
  • city Miami Beach Business Tax Receipt (BTR) for Short-Term Rental Required
    Fee: — · Renewal: annual · Applies to: Owners operating an approved vacation/short-term rental in a permitted zoning district. Occupational codes 95017300 (residential) and 95017301 (non-residential). · official page ↗
  • city Miami Beach Resort Tax Registration / Certificate Required
    Fee: — · Renewal: — · Applies to: Owners collecting rent on transient rentals of six months or less within the City of Miami Beach. · official page ↗
  • city Miami Beach Certificate of Use Required
    Fee: — · Renewal: — · Applies to: Property must have an approved Certificate of Use before a short-term rental BTR is issued. · official page ↗

Taxes

TaxRateAdministered byAirbnb remitsVrbo remits
Florida State Transient Rental Sales Tax 6% Florida Department of Revenue Yes No
Miami-Dade County Discretionary Sales Surtax 1% Florida Department of Revenue Yes No
City of Miami Beach Resort Tax (transient rentals) 4% City of Miami Beach (self-administered) — No

Operating rules

Primary residence
—
Min stay (nights)
—
Max nights / year
—
Max occupancy
—
Zoning-restricted
Yes
Cap on licenses
—

Grandfathering: Miami Beach's zoning-based prohibition on vacation rentals predates the June 1, 2011 cutoff in Fla. Stat. 509.032(7)(b) and is therefore grandfathered/enforceable notwithstanding the state preemption against local regulation of rental duration/frequency. Statute: "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."

Zoning: Vacation/short-term rentals are prohibited in ALL single-family homes and in many multifamily buildings; they are permitted only in specific zoning districts. City lists ~434 authorized apartment buildings across districts including CD-2, CD-3, CPS-1, CPS-2, CPS-4, MXE, RM-1, RM-2, RM-3, RPS-3, RPS-4, RS-3, RS-4, TC-1, TC-3, TC-C. The operative threshold is a rental of 'less than six months and one day.' Governing code: Resiliency Code 7.5.4.11 / 7.5.4.13 and Miami Beach City Code Section 102-386. Eligibility is parcel-specific; verify against the City's Short-Term Rental Zoning Map.

  • Short-term / vacation rental is defined as a rental of 'less than six months and one day'; renting for less than that period is prohibited outside the specific permitted zoning districts. (City page: "Vacation/short-term rentals (less than six months and one day)".)
  • Owners must conspicuously display the City-issued Business Tax Receipt number and the Resort Tax certificate number in every advertisement or listing.
  • The City's 2016 escalating fine schedule of $20,000 (1st) up to $100,000 was challenged and struck down by the courts; the City amended its penalties to conform to the Fla. Stat. 162.09 caps.

Enforcement

Active enforcement
high
Fines
Current code-compliance fine language: up to $1,000 per day for the first offense and up to $5,000 per day for a repeat violation, where 'An adjudicated violation is considered a repeat offense if it occurs again within five years.' (These amounts replaced the City's earlier 2016 escalating schedule of $20,000 first offense rising to $100,000, which was struck down by the courts and amended to conform to Fla. Stat. 162.09.)
Notes
Fine amounts are quoted from the City Code Compliance 'Types of Violations' page GENERAL Land Use Regulation penalty language ("The fine can be up to $1,000 per day for the first offense, and $5,000 per day for a repeat violation. (An adjudicated violation is considered a repeat offense if it occurs again within five years)."), not an STR-specific per-day amount. STR-specific penalty provisions live in Miami Beach City Code Section 102-386 and Resiliency Code 7.5.4. The historic $20K-$100K schedule is no longer in force. Enforcement is via Special Magistrate. Verify the exact current STR-specific per-day amounts against Section 102-386 (Municode/eLaws portals were unreachable at time of check).

Official sources

Informational summary of publicly available sources; not legal advice. Verify against the linked official sources.