The City of Miami does not impose an annual night cap on vacation rentals. Florida Statute 509.032(7)(b) preempts cities from regulating the duration or frequency of short-term rentals through ordinances adopted after June 1, 2011, so Miami cannot set caps such as a 90- or 180-night annual maximum.
Florida is a preemption state for short-term rental duration and frequency. Under FS 509.032(7)(b), a local government may not prohibit vacation rentals or regulate their duration or frequency unless the relevant ordinance was adopted on or before June 1, 2011 (the grandfather date). The City of Miami's vacation rental framework is built around zoning eligibility, the Certificate of Use, occupancy limits, and life-safety standards rather than a cap on the number of nights a unit may be rented in a calendar year. As long as the property sits in a permitted transect zone (generally T4, T5, T6, or CI-HD under Miami 21), holds a current Certificate of Use, a Business Tax Receipt, and a DBPR vacation rental license, and complies with occupancy and tax rules, hosts may rent year-round. Condo and HOA documents, however, can independently impose minimum-stay or per-year limits, and those private restrictions are enforceable in addition to city rules.
Because no city night cap exists, there are no city penalties for exceeding a nightly limit. Enforcement focuses on operating without the required Certificate of Use, DBPR license, or in a non-permitted T3 zone, and on occupancy, noise, parking, and trash violations.
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Side-by-side rule comparisons with other cities in Miami-Dade County.
See how other cities in Miami-Dade County handle night caps.
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