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Clearwater, FL Short-Term Rentals: Night Caps (2026)

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 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.

Source: Florida Statute 509.032(7)(b)View official code

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?
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.

Sources & Official References

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