Night Caps: Cape Coral vs Fort Myers
How do night caps rules compare between Cape Coral, FL and Fort Myers, FL?
Cape Coral, FL
Lee County
No data available yet for Cape Coral.
Fort Myers, FL
Lee County
The City of Fort Myers does not impose an annual cap on the number of rental nights a short-term rental may host. Florida Statute § 509.032(7)(b) expressly prohibits local governments from regulating the duration or frequency of vacation rentals unless an ordinance was adopted on or before June 1, 2011 (the grandfather clause). Fort Myers did not adopt any pre-2011 STR night-cap ordinance, so the city is preempted from enacting one now. A licensed Fort Myers STR may operate up to 365 nights per year as long as the operator maintains the Florida DBPR Vacation Rental Dwelling/Condo license, the City of Fort Myers Local Business Tax Receipt, the Lee County Local Business Tax Receipt, and all generally-applicable tax, zoning, building, fire, noise, and nuisance compliance.
View full Fort Myers rules →Key Facts Comparison
| Fact | Cape Coral | Fort Myers |
|---|---|---|
| Annual Night Cap | - | None (preempted by FS § 509.032(7)(b)) |
| Pre-2011 Grandfather | - | Fort Myers did not adopt - no grandfather coverage |
| Maximum Operating Nights | - | Up to 365 nights/year (no statutory cap) |
| DBPR Trigger | - | More than 3 rentals/year under 30 days requires DBPR license |
| SB 280 Status | - | Vetoed June 2024 - preemption unchanged |
| Compliance Constraints | - | DBPR license + city/county BTR + tax remittance + generally-applicable rules |
| Authority for Future Cap | - | Would require legislative change to FS § 509.032 |
Highlighted rows indicate differences between cities.
Cape Coral FAQ
No FAQs available.
Fort Myers FAQ
Can I rent my Fort Myers Airbnb every night of the year?
Yes. The City of Fort Myers does not and cannot impose an annual night cap on short-term rentals. Florida Statute § 509.032(7)(b) preempts local governments from regulating the duration or frequency of vacation rentals unless an ordinance was adopted on or before June 1, 2011 - Fort Myers did not adopt such an ordinance and therefore has no grandfather coverage. A licensed Fort Myers STR may operate up to 365 nights per year as long as you maintain the Florida DBPR Vacation Rental Dwelling/Condo license, the City of Fort Myers Local Business Tax Receipt, the Lee County BTR, and remit the 6% state sales tax, 0.5% county surtax, and 5% Lee Tourist Development Tax on every booking.
Why can other Florida cities like Miami Beach cap STR nights but Fort Myers cannot?
The June 1, 2011 grandfather clause in FS § 509.032(7)(b). Cities that adopted STR-specific ordinances on or before that date (Miami Beach, Anna Maria Island, certain other older programs) can continue to enforce those pre-2011 ordinances in their original form, including night caps, occupancy caps, and zoning restrictions. Cities that did not adopt such ordinances by June 1, 2011 - including the City of Fort Myers - are now preempted from doing so. Even grandfathered cities cannot make their ordinances MORE restrictive without losing the grandfather protection (Florida AGO 2018-09).
Could SB 280 or future Florida legislation give Fort Myers night-cap authority?
SB 280 was vetoed by Governor DeSantis in June 2024, leaving the 2011-vintage preemption framework intact for 2025-2026. The vetoed bill would have moved STR registration to a state-administered framework under the Florida Department of Business and Professional Regulation (DBPR) and would have modestly relaxed certain elements of the preemption, but it would NOT have given non-grandfathered cities new authority to impose night caps. Future legislation could change this, but any new authority to cap STR nights would require an act of the Florida Legislature - the City of Fort Myers cannot act unilaterally.
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