Florida Statute 509.032(7) preempts most local short-term rental regulation, prohibiting cities and counties from banning STRs or regulating duration/frequency of rentals (except under pre-2011 grandfathered ordinances). Alachua County does not require a separate STR operating permit but requires registration with the Alachua County Tax Collector for the 5% Tourist Development Tax on rentals of six months or less. Operators must also hold a Florida DBPR vacation rental license under Ch. 509, F.S., and collect 6% state sales tax plus 1% local option tax.
Under F.S. 509.032(7)(b), local governments may not prohibit vacation rentals or regulate the duration or frequency of rentals, and any local ordinance enacted on or after June 1, 2011 cannot be more restrictive than this state law. Alachua County does not impose a separate short-term rental operating permit or zoning license for STRs, but the County Tax Collector requires every operator of a rental of six months or less to register through the TouristExpress portal and collect the 5% Tourist Development Tax (Tourist Development Council levy under F.S. Ch. 125, ratified by Alachua County Code). Covered properties include entire single-family homes, individual rooms, mother-in-law suites, and campgrounds. Operators must also obtain a state vacation rental license from the Florida Department of Business and Professional Regulation, Division of Hotels and Restaurants, under F.S. Ch. 509, and collect 6% Florida state sales tax plus the 1% Alachua County local option tourist tax. Online platforms (Airbnb, VRBO) collect and remit state sales tax and the 1% local option tax but do NOT remit the 5% Tourist Development Tax — operators remain responsible for that. Cities within Alachua County (Gainesville, Alachua, etc.) have their own zoning rules and are also bound by F.S. 509.032(7).
Failure to register and remit Tourist Development Tax can result in collection actions, interest, and penalties by the Alachua County Tax Collector under F.S. 125.0104 and 212.12. Operating without a state DBPR vacation rental license is a violation of F.S. Ch. 509 enforceable by DBPR with fines and license suspension. Local code enforcement may cite STRs for nuisance, parking, or trash violations under generally applicable ordinances even though the rental itself cannot be banned.
See how Alachua County's permit requirements rules stack up against other locations.
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