Operating an STR in Miami Beach requires a city Business Tax Receipt (BTR), a Resort Tax certificate, an approved Certificate of Use, and a Florida DBPR vacation rental license. Both the BTR and Resort Tax numbers must appear in every advertisement. The city's pre-2011 ordinance is grandfathered under F.S. 509.032(7)(b), so enforcement is aggressive.
Miami Beach predates Florida's 2011 vacation-rental preemption, so its STR scheme is grandfathered under F.S. 509.032(7)(b). To operate legally, an owner must (1) confirm the parcel sits in a zoning district where short-term rental is permitted (most residential zones prohibit it under Sec. 142-1111(a)); (2) obtain a Vacation/Short-Term Rental Business Tax Receipt through the Citizen Access Portal; (3) register a City of Miami Beach Resort Tax account and remit the 4% city resort tax; (4) obtain an approved Certificate of Use; (5) hold a Florida DBPR Division of Hotels and Restaurants vacation rental license under F.S. 509.241; and (6) file a Florida Annual Resale Certificate for Sales Tax. The application package requires the recorded warranty deed, articles of incorporation, federal EIN, photo ID and signatures of all operators, an HOA letter dated within 60 days confirming STRs are allowed, written acknowledgment that STR use can void homestead exemption, and a notarized affidavit submitted within two weeks of BTR issuance. Per the city, every advertisement or listing must conspicuously display the BTR number and Resort Tax certificate number.
Operating without a BTR, Resort Tax certificate, or Certificate of Use violates Sec. 142-1111(a) and triggers the Sec. 142-1111(d) fine schedule starting at $20,000 for a first offense. Advertising an unlicensed STR is independent direct evidence of a violation under Sec. 142-1111(d)(4).
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