Understanding Miami and Miami Beach’s Short-Term Rental Regulations
Miami and Miami Beach are two of the most popular vacation destinations. Read the comprehensive guide to Miami and Miami Beach’s short-term rental regulations.
Miami and Miami Beach, Florida are two of the most frequented vacation destinations in the United States, making them both very popular cities for short-term rentals. To operate a short-term rental in Miami and in Miami Beach, there are a variety of state, county, and city requirements and regulations one must abide by. Below is a comprehensive breakdown of the short-term rental regulations for the state of Florida, the county of Miami-Dade, and the cities of Miami and Miami Beach.
Short-Term Rental Summary
Obtain Florida state DBPR licence (dwelling or condominium).
Register with the Florida Department of Revenue .
Obtain a Miami-Dade Certificate of Use.
Check if your property is in a permissible transect zone in Miami or Miami Beach.
Obtain a Certificate of Use if in the City of Miami.
Obtain a Resort Tax Registration Certificate if in the City of Miami Beach.
Obtain a Business Tax Receipt from the City of Miami or Miami Beach.
Short-Term Rental Requirements in Florida
In order to operate a short-term rental in Florida one must obtain a lodging business licence from the state. This licence is obtained by the Department of Business and Professional Regulation (DBPR) and can be held by an owner or by a licensed agent depending on the size and structure of your vacation rental business. Prospective hosts will also have to register to collect, report and pay sales tax and surtax with the Florida Department of Revenue (registration requirements document).
There are two different types of vacation rental licences issued by the state of Florida, which is dependent on the type of building you’re planning to offer for short-term rental. If you’re living in a condominium or cooperative, you’ll need a vacation rental condo licence, and if in a unit or group of units that are single-family homes, townhouses, duplexes, triplexes, or quadruplexes you’ll need a vacation rental dwelling licence.
The Florida DBPR licence for vacation rentals in Miami-Dade County expires on October 1st of each year and has a full year fee of $170 and a half year fee of $90, along with a $50 application fee ($220 total for a full year licence or $140 total for a half year licence). Vacation rental operators with multiple rental units can opt for group licences, and can use the online licence fee calculator to calculate the application fee for multiple units.
Short-Term Rental Regulations in Miami-Dade County
Once a property owner has met the requirements put forth by the state of Florida, the county of Miami-Dade also has specific short-term rental regulation one must abide by. Firstly, if a home is part of a condominium or homeowner’s association, one must obtain written authorisation from the relevant association regarding the operation of their short-term rental.
To operate a short-term rental in Miami-Dade county, one must obtain a Certificate of Use from Miami-Dade County. Applicants will need attestation of their registration with the Florida Department of Revenue for tax purposes, licence or intention to obtain a Florida vacation rental licence, and insurance coverage to cover liability for injury or harm to transient occupants or other invitees. Once prepared, one can obtain the Certificate of Use from the Miami-Dade’s Department of Regulatory and Economic Resources by filling out the online application form or in person at the Miami-Dade County Permitting and Inspection Centre at 11805 SW 26th Street.
The costs for the Miami-Dade County Certificate of use come to:
When you’ve paid the application fees and submitted your application, you’ll be prompted to schedule an inspection within 10 business days of filing and paying for the application. At this inspection, you’ll be asked to provide all licences, records, and any other documentation to show you are fully compliant with the state of Florida and Miami-Dade County’s vacation rentals requirements. Once you’ve completed the inspection, you will receive a Certificate Number and you will be able to print out your Certificate of Use. The certificate must be printed out and placed in a visible location on your vacation rental property.
The Miami-Dade’s Certificate of Use is valid for a year, and can be renewed annually as long as all requirements are still met and there are no outstanding fines or liens for violations of Miami-Dade’s County Code. If an unforeseen circumstance arises prior to your scheduled date of inspection, you can reschedule your inspection by calling Miami-Dade County’s Zoning Permits Section at (786) 315–2660. You can find Miami-Dade County’s specifications regarding short-term rentals on their short-term vacation rentals webpage.
Additional Miami-Dade County Short-Term Rental Requirements
For properties in designated Estate or Low Density Residential areas, the responsible party or host must reside in the short-term rental property for more than six months per calendar year. You can check the CDMP Land Use Plan Map to see which areas are designated as Estate or Low Density Residential zones.
Along with zone requirements, the responsible party of a short-term rental must maintain a register with the names and dates of stay of all guests, which is open to inspection by the Miami-Dade county.