The City of Fort Myers does not require a short-term rental to be the operator's primary residence - a primary-residence-only restriction would conflict with FS § 509.032(7)(b) preemption against STR-specific eligibility rules. Investment-property STRs, second-home STRs, corporate/LLC-owned STRs, and out-of-state owner STRs are all permitted in Fort Myers as long as the operator holds the Florida DBPR Vacation Rental Dwelling or Condo license, the City of Fort Myers Local Business Tax Receipt, the Lee County BTR, and remits the required state and county taxes. The post-2023 amendments to FS § 509.032 permit local governments to impose certain operational standards (responsible-party contact, posted maximum occupancy) but do NOT authorize a primary-residence-only restriction.
Florida's vacation rental preemption at FS § 509.032(7)(b) prevents the City of Fort Myers from imposing an STR-specific primary-residence-only requirement, residency requirement, owner-occupancy requirement, or per-operator dwelling cap; such restrictions would single out vacation rentals for eligibility limitations and are preempted. Cities elsewhere in the United States that operate primary-residence-only frameworks (Denver, Portland OR, Santa Monica) or per-operator caps (Longmont CO, Steamboat Springs CO) do so under state regulatory regimes that permit such local rules; Florida's preemption framework forecloses this option for Fort Myers absent a pre-2011 ordinance, which Fort Myers does not have. The 2023 amendments to FS § 509.032 (the surviving elements after the 2024 SB 280 veto) permit local governments to (a) require a responsible-party contact, (b) require posting of the maximum occupancy, and (c) impose certain inspection and registration requirements that apply generally to all rental property, but they do NOT authorize a primary-residence-only restriction or an out-of-state owner ban. Inside Fort Myers city limits, investment-property STRs are permitted on the same terms as primary-residence STRs; second-home STRs (snowbird-owned homes operated as STRs during summer months) are permitted; corporate, LLC, and trust-owned STRs are permitted; and out-of-state owner STRs are permitted, as long as in every case the operator holds the Florida DBPR Vacation Rental Dwelling or Condo license, the City of Fort Myers Local Business Tax Receipt, the Lee County BTR, and remits the required taxes. There is no city-level cap on how many STRs a single operator or LLC may hold in Fort Myers, and there is no cap on how many investment-property STRs may operate per neighborhood or block. Generally-applicable zoning, building, fire, noise, parking, and nuisance ordinances apply to investment-property STRs on the same terms as any other residential use - the preemption protects against STR-specific operator-eligibility restrictions but does NOT shield operators from generally-applicable rules.
There is no city-level or state-level violation for operating an investment-property, second-home, or out-of-state owner STR in Fort Myers - the city cannot impose such restrictions, and Florida DBPR licensing is available to corporate, LLC, trust, and individual owners on the same terms. Failing to hold the Florida DBPR Vacation Rental Dwelling or Condo license is a state violation enforceable by DBPR; failing to hold the City of Fort Myers Local Business Tax Receipt is a local violation enforceable by the Business Tax Division; failing to register and remit Florida state sales tax, Lee County discretionary surtax, or Lee County TDT is enforceable by the Florida DOR and Lee County Clerk respectively. Mortgage lender violations (operating an investment STR in breach of an owner-occupancy or primary-residence covenant in the mortgage) are enforceable by the lender under the loan documents and can trigger acceleration. HOA/condo association violations (operating an STR in breach of CC&Rs that prohibit or restrict STR use) are enforceable by the association under the governing documents - some Fort Myers condo associations and HOAs prohibit STR use entirely under pre-2011 deed restrictions or association rules. Generally-applicable Land Development Code provisions (residential-only zones that prohibit transient commercial use under pre-2011 grandfathered language) may apply to specific parcels - verify with the Planning Department at (239) 321-7925 before listing an investment-property STR.
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