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

Florida's vacation rental preemption is layered, and the layers matter for Palm Coast's authority. Layer one (the 2011 core): FS § 509.032(7)(b) provides that 'a local law, ordinance, or regulation may not . . . regulate the duration or frequency of rental' of a vacation rental, with a narrow carve-out only for ordinances adopted on or before June 1, 2011. The Florida Attorney General has clarified through opinion (AGO 2018-09 and related opinions) that grandfathered ordinances may not be amended to be more restrictive without losing the grandfather protection. Layer two (the 2014 confirmation): the 2014 amendments tightened the language confirming the prohibition on duration and frequency regulation. Layer three (the 2023 grant): the 2023 amendments to FS § 509.032 created NEW local authority to (a) require registration and renewal, (b) require designation of a responsible party, (c) impose maximum occupancy limits, and (d) require posting of maximum occupancy - but did NOT create authority to cap annual nights, regulate duration of individual stays, or impose primary-residence-only restrictions. Layer four (the 2024 attempt): SB 280 of 2024 would have moved registration to a state-administered DBPR framework and modestly relaxed certain preemption elements, but Governor DeSantis vetoed it in June 2024. The net effect: Palm Coast Ordinance 2025-01 properly uses the 2023 layer-three authority (registration, responsible party, occupancy cap, operational standards) but does NOT and CANNOT use night-cap authority because that remains in the layer-one preemption. Palm Coast did not adopt any pre-2011 STR ordinance, so the grandfather carve-out does not apply to the city - it does apply to Flagler County's own (county-administered) ordinance and to the separately-incorporated City of Flagler Beach, both of which adopted regulations before June 1, 2011. A registered Palm Coast STR may operate up to 365 nights per year, with the practical constraints being: (1) maintain the Section 17-68 city registration in good standing ($375 + $75 annual); (2) maintain the Florida DBPR Vacation Rental Dwelling or Condo license; (3) maintain the separate Flagler County STR registration (the county runs its own program under its grandfathered authority); (4) remit the 6% state sales tax, 1% Flagler surtax, and 5% Flagler TDT on every booking; (5) comply with Section 17-68's occupancy cap, parking rules, quiet hours, pet limits, and responsible-party requirements every night the property is occupied. Cities elsewhere in Florida (Anna Maria Island, parts of Miami-Dade) that operate apparent night caps generally rely on pre-2011 grandfather coverage; Palm Coast does not have that coverage and cannot adopt new night caps without a change to FS § 509.032.