Florida Statewide Rule
Florida Limits Local Rental Registration Programs
Key Facts
- STR authority
- FS 509.032(7)
- DBPR license
- Required statewide
- Tax registration
- DOR mandatory
- Local STR bans
- Preempted
- Grandfather date
- June 1, 2011
Summary
Florida Statute 509.032(7) preempts local regulation of vacation rental bans, duration, and frequency, while FS 83.425 (2023) preempts local regulation of residential tenancies, leaving cities only narrow room for rental registration programs.
83.425 Preemption.-The regulation of residential tenancies, the landlord-tenant relationship, and all other matters covered under this part are preempted to the state. This section supersedes any local government regulations on matters covered under this part, including, but not limited to, the screening process used by a landlord in approving tenancies; security deposits; rental agreement applications and fees associated with such applications; terms and conditions of rental agreements; the rights and responsibilities of the landlord and tenant; disclosures concerning the premises, the dwelling unit, the rental agreement, or the rights and responsibilities of the landlord and tenant; fees charged by the landlord; or notice requirements.
Full Breakdown
For short-term rentals (stays under 30 days, more than three times per year), FS 509.032(7) bars new local ordinances prohibiting vacation rentals or regulating their duration or frequency; ordinances adopted on or before June 1, 2011 are grandfathered. For long-term rentals, FS 83.425 (enacted by HB 1417 in 2023) preempts the regulation of residential tenancies and the landlord-tenant relationship to the state, undercutting local registration-and-inspection mandates. Vacation rentals are licensed by the Florida Department of Business and Professional Regulation under Chapter 509, and tax registration with the Department of Revenue is mandatory statewide.
Violations & Penalties
Operating an unlicensed vacation rental violates FS 509.241; first offense up to $1,000 plus DOR sales-tax penalties.
Frequently Asked Questions
Can my city ban or cap short-term vacation rentals?
Do I need a state license for my vacation rental?
Sources
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