A plain breakdown of every license, tax, and zoning rule that stands between your Miami condo and your first booking.
A Brickell condo owner we know listed her unit on Airbnb last year. She had a DBPR license, a clean property, good reviews, and confident guests. What she did not have was a Miami-Dade Certificate of Use. Three months into hosting, she received a notice. The fines were real. The stress was significant. And none of it needed to happen.
Miami’s short-term rental market is one of the most lucrative in the United States. It is also one of the most layered from a regulatory standpoint. If you own a condo in the city and you are thinking about listing it, even part-time, this guide will walk you through every layer of the law so that the only surprises you get are good ones.
Why Miami’s Short-Term Rental Rules Are Actually Three Different Conversations
Most property owners make the mistake of treating Miami’s short-term rental law as one thing. It is not. When you list a condo in Miami for short-term stays, you are navigating three independent layers of regulation that each have their own requirements, their own agencies, and their own consequences for non-compliance.
Layer 1: The State of Florida sets your base license and tax obligations through the Department of Business and Professional Regulation (DBPR). This applies to every short-term rental in the state, no matter where you are.
Layer 2: Miami-Dade County adds its own certificate requirements and tax registrations on top of the state layer. If you are in unincorporated Miami-Dade, county rules govern you. If you are within a city, the county layer still applies alongside city rules.
Layer 3: Your specific city is where the rules get most varied. The City of Miami, Miami Beach, Coral Gables, and Homestead all have different policies. Miami Beach is the most restrictive jurisdiction in South Florida for short-term rentals. The City of Miami is more permissive in certain zones, with conditions. Knowing which city your unit sits in is not optional. It is the starting point for everything else.
| Quick rule of thumb: Your property address determines which city governs you, and that city’s rules exist on top of, not instead of, state and county requirements. You need to satisfy all three layers. |
Layer 1: Your Florida State License from DBPR
Under Chapter 509 of the Florida Statutes, any condo unit rented to guests more than three times per calendar year for stays shorter than 30 days must be licensed with the Florida Department of Business and Professional Regulation. There are no exceptions based on platform, lease structure, or unit size.
For condo owners specifically, the correct license classification is a Vacation Rental Condominium license. (Single-family homeowners need a different classification called a Vacation Rental Dwelling license.) You apply online through the DBPR licensing portal, and in Miami-Dade County, the license expires on October 1st each year. The full-year fee is $170, with a $50 application fee, bringing your initial total to $220.
When you apply, DBPR requires the following from condo owners:
- Proof of property ownership
- Basic property details, including address, unit type, and guest capacity
- A Human Trafficking Awareness Training Certificate for any guest-facing staff
- A Certificate of Balcony Inspection for any building three stories or taller, filed every three years
The balcony inspection requirement trips up a lot of condo owners. If your building’s balconies are common elements maintained by the association, you may be exempt and simply need to prove that to the DBPR. If they are part of your unit, the inspection is on you. The certificate is valid for three years and must be renewed before expiry, or your license renewal will stall.
Once licensed, your DBPR license number must appear in every listing and advertisement you run, whether that is on Airbnb, Vrbo, your own website, or anywhere else.
Layer 2: Miami-Dade County Requirements
Once you have your state license sorted, Miami-Dade County adds its own layer through the Department of Regulatory and Economic Resources (RER).
Certificate of Use
Every short-term rental in unincorporated Miami-Dade County (and within cities where the city requires it separately) must obtain a Certificate of Use from Miami-Dade County. To apply, you will need your Florida Department of Revenue tax registration, confirmation of your DBPR license or intent to obtain one, and proof of liability insurance covering injury or harm to guests.
HOA and Condo Association Notification
This is the step most listings skip, and it creates real legal exposure. Miami-Dade County requires that if your property is part of a condominium or homeowners association, you must provide written notification to that association that you intend to operate a short-term rental, and you must adhere to all policies the association has in place regarding short-term leases.
Here is the practical problem: many condo associations in Miami Beach and throughout Miami have adopted amendments to their governing documents that prohibit short-term rentals outright or restrict lease lengths to a minimum of six months and one day. If your building has those restrictions, the city’s zoning permission becomes irrelevant. The building’s governing documents take precedence. Always check with your condo board before investing time or money in licensing.
| A 2024 Miami-Dade County Court ruling (Circuit Court Judge Hanzman) struck down Miami Beach’s broad short-term rental ban on state preemption grounds, but the ruling does not override condo association restrictions written into governing documents. Those remain fully enforceable. Your HOA rules matter just as much as city ordinances. |
Layer 3: What Your City Actually Allows
This is where the rules diverge sharply, and where knowing your exact address becomes critical.
Miami Beach
Miami Beach operates under some of the strictest short-term rental rules in Florida. Under Chapter 142, Article IV, Division 3 of the Land Development Regulations, short-term rentals of less than six months and one day are prohibited in single-family homes and in most multi-family residential buildings across the city.
Short-term rentals are only permitted in approved buildings with the correct zoning, and even then, you need all of the following in place before your first guest checks in:
- Florida DBPR Vacation Rental Condominium license
- Miami Beach Business Tax Receipt (BTR) from the City
- Miami Beach Resort Tax Certificate from the City
- Zoning approval confirming your unit is in a permitted transect zone
Both your Business Tax Receipt number and your Resort Tax Certificate number must be displayed prominently in every listing and advertisement. Miami Beach Code Compliance actively monitors platforms like Airbnb and Vrbo for unlicensed listings. Fines for illegal short-term rentals in Miami Beach can reach $100,000. You can verify whether your specific building or unit is in a permitted zone through the Miami Beach Practice Safe Renting portal.
City of Miami (Brickell, Wynwood, Downtown, Edgewater)
The City of Miami takes a different approach. Rather than a blanket prohibition, Miami uses its Miami 21 transect zone code to determine where short-term rentals are permitted. High-rise condo buildings in transect zones T5, T6, and designated lodging districts are generally where you will find the most flexibility. Residential zones carry far more restrictions.
To operate legally in the City of Miami, condo owners converting to short-term or lodging use typically need an Operational Management Plan, a Certificate of Use and Occupancy, DBPR licensing, and a City Business Tax Receipt. The process involves inspections and annual renewals.
A practical pointer: Brickell and parts of Wynwood have many buildings that pre-approved short-term rental use in their governing documents, specifically to attract investor buyers. If you bought your unit as an investment with this intention, your sales agent or condo association should have the documentation on file. If not, that is your first call to make before anything else.
The Tax Math, Explained Without the Jargon
Tax compliance is where most owners who think they are operating legally discover they are not. There are multiple tax obligations stacked on top of each other, and the total rate depends on your location within the county.
State level: Florida charges a 6% sales tax on all transient rentals of six months or less, plus a county-level discretionary surtax of 0.5% to 1.5% depending on the county. This is registered and remitted through the Florida Department of Revenue.
Miami-Dade County level: Miami-Dade adds a 6% local option transient rental tax made up of a 3% Convention Development Tax, 2% Tourist Development Tax, and 1% Professional Sports Franchise Facility Tax. This is administered by the Miami-Dade RER Business Section, and as of October 2024, all filings must be done electronically through the TouristExpress online system.
Miami Beach specifically: If you are in Miami Beach, the city imposes an additional 7% Municipal Resort Tax (compared to 6% in the rest of Miami-Dade). This makes Miami Beach one of the highest-taxed short-term rental jurisdictions in Florida. You must register separately for a Resort Tax account with the City of Miami Beach, and you are responsible for collecting and remitting this tax yourself, since Miami Beach does not participate in Airbnb’s automatic tax remittance program.
| Total tax exposure at a glance: Properties in most of Miami-Dade sit at approximately 12% to 13% combined (state sales tax + county transient tax). Properties in Miami Beach face a higher combined rate given the additional municipal resort tax. Budget for this when setting your nightly rate, and speak to a local CPA if you are unsure what applies to your specific address. |
What 2026 Looks Like Legally
Florida lawmakers made a significant push in 2024 to standardize short-term rental regulation statewide through Senate Bill 280 (SB 280), which would have created a centralized statewide registry and limited local governments’ ability to set their own rules. Governor Ron DeSantis vetoed the bill in June 2024, citing property rights concerns and the importance of Florida’s tourism economy.
The veto means that going into 2026, the pre-existing framework still governs: state licensing through DBPR, local tax and zoning compliance, and city-by-city operational rules. There is no reason to expect radical changes this year, but the legislative tension between state preemption advocates and cities like Miami Beach wanting to maintain local control has not gone away. Another attempt at statewide regulation is plausible in the 2025 to 2026 session.
The practical takeaway is that staying compliant today requires monitoring both state and city-level developments actively. Rules that apply this year may shift. Keeping your licenses current, your tax registrations active, and your condo association in the loop is not a one-time task. It is an ongoing part of operating a short-term rental in Miami.
Your Pre-Listing Checklist for 2026
Before your first booking goes live, work through this list:
- Confirm your property’s city jurisdiction (City of Miami, Miami Beach, or unincorporated Miami-Dade)
- Check your condo association’s governing documents for short-term rental restrictions
- Verify your unit’s transect zone eligibility for short-term use through your city’s zoning map
- Apply for your Florida DBPR Vacation Rental Condominium license through the DBPR Online Portal
- Register with the Florida Department of Revenue for state sales tax
- Register with Miami-Dade County RER for local transient rental taxes
- Obtain your Miami-Dade Certificate of Use from the Department of Regulatory and Economic Resources
- If in Miami Beach: obtain a Business Tax Receipt and Resort Tax Certificate from the City
- If in City of Miami: obtain your Certificate of Use and Occupancy and City Business Tax Receipt
- Complete the balcony inspection certificate if your building is three stories or taller
- Ensure your DBPR license number and any city-issued certificate numbers appear in all listings
- Notify your condo association in writing, as required by Miami-Dade County
Miami is one of the most profitable short-term rental markets in the world. But it rewards owners who treat compliance as a foundation, not an afterthought. Getting this right upfront means more peace of mind, better occupancy, and the kind of host reputation that compounds year after year.
If you own a condo in Miami and want to maximize what it earns without handling the regulatory complexity yourself, we manage the whole process at MRMVR. Licensing, tax setup, guest management, and ongoing compliance, all handled under one roof.
And learn how we work.
Sources
All laws and regulations referenced in this article were verified from official government sources. For the most current information, visit:
1. Florida Statutes Chapter 509 (Public Lodging Establishments)
2. Florida DBPR Guide to Vacation Rentals
3. DBPR Online Licensing Portal
4. Miami-Dade County Short-Term Vacation Rental Standards
5. Miami-Dade County Convention and Tourist Taxes
6. City of Miami Beach Vacation and Short-Term Rentals
7. Miami Beach Practice Safe Renting Zone Checker
8. City of Miami Short-Term Rental and Lodging Conversion Procedures
9. Florida Department of Revenue Local Option Transient Rental Tax Rates
10. Airbnb Occupancy Tax Collection and Remittance in Florida
11. Minut: Florida Short-Term Rental Laws 2026 Guide
12. Haber Law: Short-Term Rentals Ruling in Miami Beach
This blog is for informational purposes only and does not constitute legal or tax advice. Laws change. Always consult a licensed attorney or CPA familiar with Florida short-term rental law before listing your property.