Occupancy Limits: Homestead vs Miami Beach
How do occupancy limits rules compare between Homestead, FL and Miami Beach, FL?
Homestead has fewer restrictions than Miami Beach.
Homestead, FL
Miami-Dade County
Homestead STR occupancy is limited by the Florida Building Code and fire safety capacity. The general standard is two persons per bedroom plus two additional guests. Properties must not exceed the occupancy listed on their certificate of occupancy. Overcrowding creates fire safety and nuisance concerns.
View full Homestead rules →Miami Beach, FL
Miami-Dade County
Miami Beach strictly regulates short-term rental occupancy, prohibiting STRs entirely in single-family homes and most residential zoning districts. Where permitted, occupancy is limited based on bedroom count, and the city aggressively enforces violations through its Code Compliance division.
View full Miami Beach rules →Key Facts Comparison
| Fact | Homestead | Miami Beach |
|---|---|---|
| Standard | 2 per bedroom + 2 guests | - |
| Basis | FL Building Code + certificate of occupancy | - |
| Fire Safety | Must meet egress capacity | - |
| HVHZ | Structural load limits apply | - |
| Contact | (305) 224-4800 Code Compliance | - |
| Single-Family STRs | - | Prohibited |
| Min Rental Period | - | 6 months + 1 day (most zones) |
| First Violation Fine | - | Starting at $20,000 |
| Resort Tax | - | 7% local + state taxes |
| Code Compliance | - | (305) 673-7555 |
Highlighted rows indicate differences between cities.
Homestead FAQ
How many guests can I have in my Homestead vacation rental?
Generally two persons per bedroom plus two additional guests. Your certificate of occupancy establishes the maximum. Contact the Building Department at (305) 224-4400 to verify your property's limit.
Who enforces STR occupancy in Homestead?
Code Compliance at (305) 224-4800 and the Fire Department at (305) 224-4600 enforce occupancy limits. Both agencies respond to overcrowding complaints.
Can I lose my rental license for overcrowding?
Yes. Repeated occupancy violations can lead to business tax receipt revocation and potential DBPR licensing action at the state level.
Miami Beach FAQ
Can I operate an Airbnb in Miami Beach?
Short-term rentals are prohibited in single-family homes and most residential zones. STRs are only permitted in certain commercial and resort-zoned areas with a Certificate of Use, Business Tax Receipt, and Resort Tax Certificate. Fines start at $20,000 for violations.
What is the minimum rental period in Miami Beach?
In most residential zones, the minimum rental period is six months and one day. Shorter stays are only permitted in properties with proper STR licensing in approved zoning districts.
How does Miami Beach enforce short-term rental rules?
The city uses dedicated enforcement teams and technology platforms to monitor online listings. Code Compliance at (305) 673-7555 conducts investigations and sting operations. Fines start at $20,000 and can reach $100,000 for repeat offenders.
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