Clearwater, FL Short-Term Rentals: Night Caps (2026)
Key Facts
- 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
Summary
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.
(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.
Full Breakdown
S. 032(7)(b) blocks any local government from regulating the duration or frequency of vacation rentals through ordinances adopted after June 1, 2011. Clearwater's pre-2011 zoning scheme survives the preemption because it limits short stays through a long-standing zoning use definition rather than a frequency cap. Under the Clearwater Community Development Code, transient accommodation use, defined as occupancy for less than one month or 31 days, is allowed only in Tourist (T) and Commercial (C) zoning districts and a few overlay areas. In all single-family and multi-family residential districts, including LMDR, MDR, and HDR, a 31-day minimum stay applies and owners may not advertise daily or weekly rentals.
Once a property is properly located in a permitted zone and holds a current Business Tax Receipt, neither the city nor the county imposes a per-year cap on the number of nights it can host, no booking-frequency limit between guests, and no on-site host or primary-residence requirement. Pinellas County's 2025 STR Certificate of Use program, which requires off-street parking and 10-guest occupancy caps, applies only outside city limits and does not bind Clearwater STRs.
Violations & Fines
Renting a residential parcel for less than 31 days violates Clearwater's zoning code and Code Compliance fines apply: $250 per day for a first violation and $500 per day for repeats. Advertising daily or weekly availability for a residential property is a separate violation, even if no booking occurs.
Frequently Asked Questions
Does Clearwater limit how many nights per year I can host short-term guests?
Why can't I rent my Clearwater home for a 3-night stay if there is no night cap?
Do Pinellas County's new occupancy caps and parking limits apply inside Clearwater?
Sources & Official References
Other rules in Clearwater
Florida rules heatmap·Compare Clearwater to another location·View the Florida short-term rentals overview
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