Florida · Miami
Miami
Short-term / vacation rentals are legal in the City of Miami but only in transect zones where "lodging" is a permitted use under the Miami 21 zoning code (generally T4/T5/T6 and CI/lodging districts), and operators must obtain a City of Miami Certificate of Use and Business Tax Receipt plus a Miami-Dade County Certificate of Use (required before advertising on any platform) and a Florida DBPR vacation-rental license. State law (Fla. Stat. 509.032(7)(b)) preempts local bans and duration/frequency limits, so the City regulates via zoning and registration rather than an outright ban. City-specific program facts could not be confirmed firsthand because the City of Miami program page is behind an Akamai bot wall (403); county-, state-, and tax-layer facts are firsthand-verified.
Not legal advice. Last verified 2026-07-02 · sources linked below.
Requirements checklist
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state Florida DBPR Vacation Rental License Required
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county Miami-Dade County Vacation Rental Certificate of Use (CU) Required
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city City of Miami Certificate of Use (CU) Required
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city City of Miami Business Tax Receipt (BTR) Required
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city Miami 21 Lodging-Zone Verification Required
Taxes
| Tax | Rate | Administered by | Airbnb remits | Vrbo remits |
|---|---|---|---|---|
| Florida State Transient Rental Sales Tax | 6% | Florida Department of Revenue (DOR) | Yes | No |
| Miami-Dade County Discretionary Sales Surtax | 1% | Florida Department of Revenue (DOR) | Yes | No |
| Miami-Dade County Convention Development Tax | 3% | Miami-Dade County Department of Regulatory and Economic Resources (RER), Business Section (self-administered) | Yes | No |
| Miami-Dade County Tourist Development Tax (TDT) | 2% | Miami-Dade County Department of Regulatory and Economic Resources (RER), Business Section (self-administered) | Yes | No |
| Miami-Dade County Professional Sports Facilities Franchise Tax | 1% | Miami-Dade County Department of Regulatory and Economic Resources (RER), Business Section (self-administered) | Yes | No |
Operating rules
- Primary residence
- —
- Min stay (nights)
- —
- Max nights / year
- —
- Max occupancy
- Miami-Dade County (county CU program, applies within the City of Miami): maximum overnight occupancy up to 2 persons per bedroom, plus 2 additional persons per property, up to a maximum of 12 persons, excluding children under 3 years of age.
- Zoning-restricted
- Yes
- Cap on licenses
- —
Grandfathering: Fla. Stat. 509.032(7)(b) grandfathers local vacation-rental ordinances adopted on or before June 1, 2011; post-2011 ordinances may not prohibit vacation rentals or regulate rental duration/frequency. The City of Miami regulates via zoning and registration rather than an outright ban, consistent with this preemption.
Zoning: Short-term rentals are permitted only in Miami 21 transect zones where 'lodging' is an allowed land use (generally T4/T5/T6 and CI/lodging districts); not permitted in zones where lodging is not an allowed use. Zoning must be verified on the City of Miami Miami 21 map before applying.
- State preemption (Fla. Stat. 509.032(7)(b)) bars local governments from prohibiting vacation rentals or regulating the duration or frequency of rental for ordinances adopted after June 1, 2011. Verbatim: "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.
- The Miami-Dade County occupancy cap (2/bedroom + 2, max 12) applies to properties within the City of Miami via the county Certificate of Use program.
- City-specific min-stay, occupancy, and cap details could not be confirmed firsthand because the City of Miami program page is Akamai-blocked (HTTP 403).
Enforcement
- Active enforcement
- Miami-Dade County actively enforces the Certificate of Use requirement for vacation rentals through its Neighborhood Compliance / RER program, and requires the CU before any platform advertising. The City of Miami enforces via code compliance and the Miami 21 zoning / Certificate of Use / Business Tax Receipt framework. City-of-Miami-specific enforcement intensity and fine schedule could not be confirmed firsthand (city program page Akamai-blocked).
- Fines
- Miami-Dade County (applies to City of Miami properties via the county CU program): operating a vacation rental without a Certificate of Use = $100 first offense; $1,000 second offense within 24 months; $2,500 third and subsequent offenses within 24 months.
- Notes
- City-of-Miami-specific fine amounts were not confirmed firsthand because the City program page returned HTTP 403 (Akamai bot wall). County fines are firsthand-verified from miamidade.gov.
Official sources
- program_page City of Miami — How to Convert to a Short-Term Rental/Lodging (Procedures) ↗ checked 2026-07-02
- zoning_code City of Miami — Miami 21 Zoning Code ↗ checked 2026-07-02
- program_page Miami-Dade County — Residential Short-Term Vacation Rentals (Neighborhood Compliance) ↗ checked 2026-07-02
- tax_page Miami-Dade County — Tourist and Restaurant Taxes (Convention Development, Tourist Development, Professional Sports) ↗ checked 2026-07-02
- tax_page Florida DOR — Local Option Transient Rental Taxes ↗ checked 2026-07-02
- tax_page Florida DOR — Discretionary Sales Surtax (DR-15DSS) ↗ checked 2026-07-02
- tax_brochure Florida DOR — GT-800034 Sales and Use Tax on Rental of Living or Sleeping Accommodations ↗ checked 2026-07-02
- tax_form Florida DOR — Form DR-15DSS Discretionary Sales Surtax Rate Table ↗ checked 2026-07-02
- tax_form Florida DOR — Form DR-15TDT Local Option Transient Rental (Tourist Development) Tax Rates ↗ checked 2026-07-02
- license_page Florida DBPR — Vacation Rental / Transient Public Lodging Licensing Guide ↗ checked 2026-07-02
- license_page Florida DBPR — Lodging Fees (Vacation Rental license fee schedule) ↗ checked 2026-07-02
- statute Fla. Stat. 509.032 — Vacation Rental Preemption ↗ checked 2026-07-02
- geocoder US Census Geocoder — Miami, FL FIPS (state 12 / county 12086 / place 1245000) ↗ checked 2026-07-02
Informational summary of publicly available sources; not legal advice. Verify against the linked official sources.