Florida Statewide Rule

Florida State Vacation Rental Licensing Preemption

Heavy RestrictionsApplies statewide across Florida (2026)

Key Facts

Statute: Fla. Stat. 509.032(7)
Licensing Body: DBPR Hotels & Restaurants
Grandfather Date: June 1, 2011
License Required: Rentals under 30 days

Last verified: August 21, 2026Source: Florida Senate

Summary

Florida law preempts the regulation of vacation rental licensing and inspections to the state Department of Business and Professional Regulation (DBPR), though local zoning and registration are permitted.

(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.

Source: Florida SenateView official code

Full Breakdown

Section 509.032(7), Florida Statutes, provides that the regulation of public lodging establishments (including vacation rentals) and public food service establishments is preempted to the state. Local laws adopted on or before June 1, 2011 are grandfathered, but new ordinances cannot prohibit vacation rentals or regulate the duration or frequency of rental of vacation rentals. Operators must obtain a DBPR vacation rental license (collective, group, or single license) before renting more than three times per year for periods less than 30 days.

Violations & Penalties

Operating without a DBPR vacation rental license is a misdemeanor and subjects the operator to fines, license denial, and cease-and-desist orders from DBPR.

Frequently Asked Questions

Can a Florida city ban short-term rentals outright?

No. Section 509.032(7)(b) prohibits local laws from banning vacation rentals or regulating their duration or frequency, unless the ordinance was adopted on or before June 1, 2011.

Do I still need a state license if my city already requires registration?

Yes. The DBPR vacation rental license is required statewide regardless of any local registration program, and both may apply concurrently.

Sources

See something wrong?

Help us keep this page accurate. If you notice an error or outdated information, let us know.