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Miami, FL Short-Term Rentals: Host Presence Rule (2026)

Heavy Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified May 2026

Key Facts

City rule
Miami Sec. 2-211
State preemption
FL §509.032
Allowed zones
T4-T6 only
Required license
DBPR + city CU
Tourist tax
6% TDT county

Summary

Miami Code Sec. 2-211 limits short-term rentals to specific zoning districts and requires a Certificate of Use, but cannot require host presence due to FL §509.032 preemption of operational rules. Miami-Dade County also requires a separate STR registration and tourist tax.

509.032 Duties. — ... (7) PREEMPTION AUTHORITY. — (a) The regulation of public lodging establishments and public food service establishments, including, but not limited to, sanitation standards, inspections, training and testing of personnel, and matters related to the nutritional content and marketing of foods offered in such establishments, is preempted to the state. This paragraph does not preempt the authority of a local government or local enforcement district to conduct inspections of public lodging and public food service establishments for compliance with the Florida Building Code and the Florida Fire Prevention Code, pursuant to ss. 553.80 and 633.206. (b) A local law, ordinance, or regulation may not prohibit vacation rentals or regulate the duration or frequency of rental of vacation rentals. This paragraph does not apply to any local law, ordinance, or regulation adopted on or before June 1, 2011. (c) Paragraph (b) does not apply to any local law, ordinance, or regulation exclusively relating to property valuation as a criterion for vacation rental if the local law, ordinance, or regulation is required to be approved by the state land planning agency pursuant to an area of critical state concern designation.

Source: Florida Statutes §509.032View official code

Full Breakdown

Florida Statute §509.032 partially preempts local STR regulation: cities cannot ban STRs outright or impose stricter operational rules than apply to similar non-rental properties unless the ordinance predates 2011. Miami's Sec. 2-211 (post-2011) therefore relies on zoning, where STRs are barred from most single-family T3 districts and permitted only in T4-T6 mixed-use zones. Host-presence requirements are not enforceable. Owners must obtain a Certificate of Use, pay city business tax, register for state DBPR vacation-rental license, file Miami-Dade tourist development tax (TDT), and provide a 24/7 local responsible-party contact. Miami Beach, a separate city, has stricter rules.

Violations & Fines

Operating an STR in a barred zoning district or without Certificate of Use can bring city fines of $1,000-$5,000 per day, code-enforcement liens, utility shutoff, and DBPR license revocation; repeat violators face injunctions and tourist tax assessments.

Frequently Asked Questions

Can Miami require I sleep on-site during my Airbnb?
No. Florida Statute 509.032 preempts operational mandates like host-presence. Miami can use zoning to bar STRs from single-family neighborhoods but cannot regulate how a permitted STR operates beyond standard property rules.
Is my Brickell condo eligible to STR?
Likely yes from a city zoning standpoint (T6 high-density), but check your condo association rules and Miami-Dade STR registry. HOAs and condo declarations may impose 30-day or 6-month rental minimums independent of city law.

Sources & Official References

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