Night Caps: Clearwater vs Tarpon Springs
How do night caps rules compare between Clearwater, FL and Tarpon Springs, FL?
Tarpon Springs 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 →Tarpon Springs, FL
Pinellas County
Tarpon Springs does not impose an annual night cap or a per-stay minimum night requirement on short-term rentals. Florida Statute 509.032(7)(b) preempts any local ordinance enacted on or after June 1, 2011 from prohibiting vacation rentals or regulating their duration or frequency. The city's Tourist Home standards in the Land Development Code and the Seasonal/Short Term Rental rules in the SmartCode define qualifying rentals as those for periods of six weeks or less, but this is a definitional threshold rather than an annual usage cap. Pinellas County's 6% Tourist Development Tax plus Florida's 7% state transient rental tax (approximately 13% total) apply to every booking regardless of frequency.
View full Tarpon Springs rules →Key Facts Comparison
| Fact | Clearwater | Tarpon Springs |
|---|---|---|
| Annual Night Cap | None; preempted by F.S. 509.032(7)(b) | 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 | - |
| Minimum Stay Required | - | None |
| Definitional Term | - | Rentals of 6 weeks or less qualify as STRs |
| Pinellas TDT | - | 6% Tourist Development Tax |
| State Sales/Transient Tax | - | 7% (combined approximately 13%) |
| Local Caps Allowed | - | Only if adopted before June 1, 2011 |
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.
Tarpon Springs FAQ
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