Miami, FL Short-Term Rentals: Primary-Residence-Only Rule (2026)
Key Facts
- Preempted by
- FL §509.032
- Investor STRs
- Allowed in eligible zones
- Owner-occupancy
- Not required
- HOA rules
- May add restrictions
- Min stay
- Per zoning, not occupancy
Summary
Florida Statute §509.032 prevents Miami from limiting short-term rentals to a host's primary residence. Miami may only use general zoning to restrict where STRs operate; investor-owned vacation rentals are legal in eligible zoning districts when properly licensed and taxed.
509.032 Duties. — ... (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.
Full Breakdown
Unlike New York City or San Francisco, Miami cannot adopt a primary-residence requirement for STRs because FL §509.032 preempts operational regulations not applied to similar long-term rentals. The state-level vacation rental license through DBPR is owner-neutral. Miami's Sec. 2-211 limits STRs to certain transect zones (T4-T6) and requires city Certificate of Use, but does not condition the CU on owner-occupancy. Miami-Dade County requires a separate STR registration and tourist tax collection. HOAs and condo associations may independently impose primary-residence or minimum-stay rules that operate outside city law; many Brickell and South Beach buildings restrict rentals to 30+ days or owner-only.
Violations & Fines
Operating any STR (resident or investor) without a Certificate of Use, DBPR license, county registration, or tourist tax account triggers city fines $1,000-$5,000 per day, liens, and DBPR enforcement; HOA violations can bring private injunctions.
Frequently Asked Questions
Can a Miami investor own multiple STR units?
My condo bans STRs - does city law override?
Sources & Official References
Other rules in Miami
Florida rules heatmap·Compare Miami to another location·View the Florida short-term rentals overview
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