Is Florida Trying to Get Rid of Airbnb in 2026?
Florida’s latest legal changes have caused debate over who gets to regulate short‑term rentals.
Tug-of-War Between State and Local Regulations
In 2024, Senate Bill 280 and House Bill 1537 proposed extensive reforms to Florida’s vacation rental framework.
SB 280 and HB 1537aimed to centralize vacation rental regulations through the Florida Department of Business and Professional Regulation (DBPR) and significantly limit cities and counties from setting local zoning rules or caps on rental frequency and duration.
The goal was to create a statewide registry and standard license/fee structure for all vacation rentals, replacing today’s patchwork of local systems.
SB 280 also would have requiered that property rental platforms like Airbnb collect and remit tourism taxes, submit occupancy and registration data to the state, and allow DBPR to manage licenses.
However, Governor Ron DeSantis vetoed SB 280 in June 2024, so these statewide changes did not take effect and local governments continue to control most day‑to‑day rules in 2026.
So What’s the Problem?
Local governments, especially in coastal areas like Miami Beach and Fort Lauderdale, are pushing back. They argue that SB 280 disturbs neighborhoods and hinders single‑family zoning.
In June of 2024, Governor Ron DeSantis vetoed SB280, citing protection of property rights and Florida’s tourism economy. This means that there is no active Florida short term rental ban, but a clear tension exists between citizens, law agencies, and officials.
Florida Airbnb laws remain in flux politically, but the practical reality for 2026 is a stable yet complex framework: state licensing, tax, and safety rules apply everywhere, while local governments maintain strict control over where and how short‑term rentals can operate.
Did You Know?
Florida consistently ranks within the top 10 destinations on Airbnb, along with generating the highest revenue for the platform.
What Does This Mean for Airbnb Hosts and Property Managers?
❌There is currently no statewide ban on short‑term rentals in Florida in 2026.
🏛️The state is continues to standardized licensing, tax collection, and safety through DBPR.
🚫Cities like Miami Beach continue to enforce strict local rules, including minimum stay lengths (often 6 months), and limited zones where STRs are allowed.
📋Property managers must comply with state-level licensing and tax requirements and also stay updated on city and county-specific regulations, such as Airbnb regulations by city Florida.
Download our 2025 Florida report for property managers
What Is Florida’s Law on Short‑Term Rentals in 2026?
Under Chapter 509 of the Florida Statutes, a “transient public lodging establishment”, such as a short‑term rental, is defined as any housing rented for 30 days or less, more than three times in a calendar year, or advertised to the public as rented regularly to guests.
The Florida Department of Revenue also treats rentals of six months (180 days) or less as “transient rentals” for tax purposes.
This means that any property rented for the short-term qualifies as a vacation rental, while leases over 30 days are considered monthly rentals Florida, subject to different rules.
Florida Statutes and Regulations
Chapter 509 regulates vacation rentals under the Florida Department of Business & Professional Regulation (DBPR), which is a Division of Hotels & Restaurants.
License Classifications by Florida DBPR
🏢 Condominium Unit
🏠 Single-Dwelling
🗂️ Group or Collective (for multiple units or property portfolios under one operator)
Licensing and Regulatory Requirements
- The license application is completed online through DBPR.
- Fees: Application and license fees vary by license type and unit count; many operators pay a few hundred dollars per year for state vacation rental licensing.
- Processing time: Online applications can be approved quickly, but inspections, local prerequisites, or incomplete documentation can extend the process to several weeks.
- DBPR requires balcony safety inspections every three years for buildings three stories or higher.
The Preemption Clause in (F.S. 509.032(7)(b)) still prevents local governments from prohibiting or regulating the duration/frequency of short-term rentals, unless the ordinance was in place before June 1, 2011.
Senate Bill 280 proposed statewide registration, expanded safety enforcement, and stronger preemption expansion, but it was vetoed in June 2024, and has not taken effect, so the previous framework continues into 2026.
📝 Florida Short Term Rental Laws 2026
Stays under 30 days = STRs | DBPR license required | Local rules still apply
No major changes yet, but new laws could be on the horizon ⚖️
Do You Need a License for Vacation Rentals in Florida?
The direct answer is Yes.
Every vacation rental in Florida needs to have a license from the DBPR.
State Licensing Requirements Through DBPR
How to Apply for Short Term Rental License in Florida:
1. Create a DBPR Online Account via the DBPR license portal.
2. Choose the appropriate license type:
- Vacation Rental – Condominium or
- Vacation Rental – Dwelling (single-family home, townhouse, multi-unit up to 4)
3. Select the applicable classification: single, group (multiple units in one building), or collective (up to 75 units)
4. Gather required documents and certificates:
Proof of ownership and rental address
Balcony inspection certificate (if the building is more than 3 stories)
Human Trafficking Training Certificate for Housekeeping Staff
5. Pay the licensing fees:
- Typical costs include a one‑time application fee, an education or training fee, and an annual license fee that scales with the number and type of units.
6. Submit and monitor application: Allow several weeks if inspections or local approvals are required before DBPR issues the license.
7. Maintain and renew your license annually
Local Permits by County and City
Once you’ve registered for a Florida state license, local governments might require additional permits or registrations, especially in larger holiday cities.
Miami Beach
- Miami [beach] short term rental laws prohibit rentals under six months in most single‑family and many multifamily residential zones.
- Only properties in designated resort or certain commercial districts can operate legal short‑term rentals, and must have a Business Tax Receipt and Resort Tax account, and display both numbers in all public listings.
Orlando
- Requires a Home Sharing permit if renting part of a home (owner present), or a Commercial Dwelling Unit permit to rent the entire property.
- State DBPR licensing is mandatory for stays under 30 days, and city registration fees and inspections apply on top of that.
- Permit applications include proof of residency, zoning compliance, and identification.
Tampa
- Tampa and many other Florida cities now use city‑specific STR permits, online applications, and local inspections, often tying approvals to parking, safety, and good‑neighbor standards.
- Online submission, inspection, and local occupational licensing are part of the process.
Counties like Sarasota have adopted detailed vacation rental ordinances that require a DBPR license plus a local certificate, tourist development tax registration, and compliance with local occupancy and safety rules.
Permit Summary
🏛️ Short-term rental license Florida: Mandatory state license through DBPR for all vacation rentals.
🏙️ Airbnb regulations by city, Florida: Further local permits are common in popular areas like Miami Beach, Orlando, and Tampa.
✅Combining state and city requirements keeps your rental fully compliant.
What Are the Key Rules for Landlords in Florida
Many of Florida’s landlord‑tenant changes focus on long‑term rentals, but short‑term rental operators still need to understand notice and eviction basics in case a stay transitions into a longer‑term occupancy.
Eviction and Notice Updates
- For non‑payment of rent, landlords must now give 3 days’ written notice, allowing tenants to pay or vacate before legal action is taken.
- For lease violations, a 7‑day “Notice to Cure” is required before filing for eviction.
- For week-to-week leases, termination can occur with just 7 days’ notice; month-to-month leases require 30 days’ written notice.
Impact on Short‑Term vs. Long‑Term Landlords
- Short-term landlords (those with leases of under 6 months) must strictly adhere to sales tax, lodging tax, and DBPR licensing rules.
- Long-term landlords are more significantly affected by updated eviction and notice protocols, as well as deposit flexibility.
Differences Between Long-Term and Monthly Rentals in Florida
| Feature | Long-Term (30+ days) | Monthly Rentals (< 6 months) / Transient |
|---|---|---|
| Definition | Traditional lease agreements under Chapter 83 | Rentals under 6 months, subject to Chapter 509/transient rules |
| Eviction Notice | 3-day to cure rent; 7-day for violations; 30 days for termination on month-to-month | The same eviction rules apply, but DBPR licensing adds complexity |
| Taxes | No lodging taxes; subject to income tax reporting | Subject to 6% state sales tax + local lodging taxes (up to 13%) |
| Licensing Requirements | No state licensing | Florida short term rental laws demand a DBPR license for rentals under 30 days or booked 3+ times/year |
| Insurance & Maintenance | Standard landlord-tenant regulations (maintenance, code compliance) | Must also meet transient lodging codes; rental insurance and safety inspections may be stricter |
What Florida Property Managers Need to Know
Property managers using Airbnb and Airbnb alternatives:
- Every full-unit short-term rental listed on Airbnb, Vrbo, and similar sites must have a DBPR vacation rental license if rented more than 3 times/year or for under 30 days per stay.
- Florida short term rental laws require that Airbnb and other platforms collect and remit the 6% state sales tax and many county-level tourist taxes automatically, but hosts must still register with the Florida Dept. of Revenue and pay any unswept local taxes.
- Hosts must pass safety inspections, including periodic balcony checks for taller buildings, and provide emergency contact details on-site.
- A local “responsible party” contact (available 24/7) is mandatory in many areas to handle noise, repairs, or disturbances.
- Airbnb listings must display the DBPR license number. Local rules may impose additional requirements like parking plans, noise policies, and zoning restrictions.
💡 A trusted voice in Florida’s vacation rental landscape
Avantio is proud to collaborate with FAVR (Florida Alliance for Vacation Rentals), a nonprofit organization that has been advocating for the vacation rental industry in Florida for over 30 years.
Representing property managers, owners, and suppliers, FAVR provides vital support through education, legislative advocacy, and resources tailored to professionals. We encourage property managers operating in Florida to explore their membership and stay ahead of local and state developments.
Stay Up-to-Date on Florida’s Changing Rental Laws
Florida short term rental laws continue to change and evolve, with regulations and compliance shifting at both the state and city levels.
From licensing to local permits, there are many regulations that property managers must be on top of, especially if managing multiple properties over different platforms and in various jurisdictions.
Staying organized is the best tool. Using Avantio’s vacation rental software makes it easy to manage operations and stay up to date with local guidelines.
Our US-based team help our clients to keep on top of the latest vacation rental movements
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