Night Caps: Clearwater vs St. Petersburg
How do night caps rules compare between Clearwater, FL and St. Petersburg, FL?
St. Petersburg has fewer restrictions than Clearwater.
Clearwater, FL
Pinellas County
Clearwater does not impose an annual night cap, because Florida Statute 509.032(7)(b) preempts cities adopted after June 1, 2011 from limiting the frequency or duration of vacation rentals. Instead, the city enforces a zoning-based minimum-stay floor: rentals of less than 31 days, or one calendar month, are prohibited in residential zoning districts. Tourist District and Commercial parcels with a Business Tax Receipt may rent for any duration with no per-year night limit.
View full Clearwater rules →St. Petersburg, FL
Pinellas County
Florida Statute 509.032 preempts St. Petersburg from limiting the number of nights a property can be rented short-term or setting minimum stay requirements. Cities cannot regulate the duration or frequency of vacation rentals.
View full St. Petersburg rules →Key Facts Comparison
| Fact | Clearwater | St. Petersburg |
|---|---|---|
| Annual Night Cap | None; preempted by F.S. 509.032(7)(b) | - |
| Residential Minimum Stay | 31 days or one calendar month | - |
| Tourist or Commercial Zones | No minimum stay; BTR required | - |
| Booking Frequency Cap | None for permitted parcels | - |
| Primary Residence Rule | Not required | - |
| Pinellas County COU Program | Unincorporated only; not Clearwater | - |
| Advertising Restriction | No daily or weekly ads in residential zones | - |
| State Preemption | - | FL 509.032 |
| City Caps | - | Prohibited |
| Min Stays | - | Cannot require |
| HOA Rules | - | Not preempted |
| Grandfathered | - | Pre-2011 protected |
Highlighted rows indicate differences between cities.
Clearwater FAQ
Does Clearwater limit how many nights per year I can host short-term guests?
No. Florida Statute 509.032(7)(b) preempts cities from capping vacation rental frequency or duration through ordinances adopted after June 2011. If your property is in a Tourist District or Commercial zone with a Business Tax Receipt and DBPR license, there is no per-year night cap, no minimum gap between bookings, and no requirement that you live on site.
Why can't I rent my Clearwater home for a 3-night stay if there is no night cap?
Because Clearwater's pre-2011 zoning code defines short-term occupancy as a use, not a frequency. Transient accommodation use, defined as stays of less than 31 days, is permitted only in Tourist or Commercial zoning districts. In residential zoning districts the minimum stay is 31 days or one calendar month, and that zoning-based prohibition is grandfathered under F.S. 509.032(7)(b).
Do Pinellas County's new occupancy caps and parking limits apply inside Clearwater?
No. The Pinellas County STR Certificate of Use program adopted in 2025, which caps occupancy at 10 guests with two per bedroom and requires one off-street parking space per three occupants, applies only to unincorporated Pinellas County. Properties inside the City of Clearwater are governed by the city's zoning code and Business Tax Receipt rules, not the county program.
St. Petersburg FAQ
Does St. Petersburg limit how many nights I can rent per year?
No. FL Statute 509.032 preempts any city-imposed night caps or minimum stays.
Can my condo association require a 30-day minimum?
Yes. Private HOA and condo covenants are not preempted by state law.
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