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.
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.
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.
Miami, FL
Miami short-term rental occupancy is limited to a maximum of two persons per bedroom plus two additional guests per property, not to exceed 12 overnight occu...
Miami, FL
Miami Code Sec. 2-211 limits short-term rentals to specific zoning districts and requires a Certificate of Use, but cannot require host presence due to FL §5...
Miami, FL
City of Miami requires a Certificate of Use and Business Tax Receipt for short-term rental properties. STRs are permitted in T4, T5, T6, and CI-HD transect z...
See how Miami's primary-residence-only rule rules stack up against other locations.
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