Is Airbnb & Short-Term Rentals Legal in Florida? (2026)
Partially — Airbnb & Short-Term Rentals are legal with restrictions in Florida as of 2026.
Law changed in 2023: While there have been ongoing legislative discussions, no major statewide preemption bills passed in the 2023-2026 sessions. Local governments have continued to introduce and enforce their own specific regulations. House Bill 133 (2025) introduced ch...
Quick Answer
Short-term rentals are legal in Florida but subject to local regulation. While there have been ongoing legislative discussions, no major statewide preemption bills passed in the 2023-2026 sessions. Check local permit, licensing, and tax requirements before hosting.
What the Law Says
Florida state law requires short-term rentals to be licensed through the Department of Business and Professional Regulation (DBPR) and to pay applicable state and local taxes. While a 2011 law limited local governments' ability to ban STRs, they can still regulate them for noise, safety, and zoning.
— Fla. Stat. § 509.032
| Category | Details |
|---|---|
| State-Level Rules | Legal with local permits/registration required |
| Local Permit Requirements | Must comply with local zoning and licensing |
| Violation Penalties | Fines for operating without required permits. Tax penalties for unreported rental income. |
| Pending Legislation | None known |
While there have been ongoing legislative discussions, no major statewide preemption bills passed in the 2023-2026 sessions. Local governments have continued to introduce and enforce their own specific regulations. House Bill 133 (2025) introduced changes to security deposit alternatives, which may affect some rentals.
Enforcement Reality
Enforcement is primarily handled by local governments, which can issue licenses and enforce zoning and operational ordinances. The state requires a license from the Department of Business and Professional Regulation (DBPR) and registration with the Department of Revenue for tax purposes.
Common violations include operating without a DBPR license, failing to register for and remit state and local taxes, and violating local ordinances regarding noise, parking, and occupancy. Another frequent issue is violating HOA rules, which can have their own restrictions and fines.
Local Exceptions
State law sets the baseline. These cities or counties have additional rules that may differ:
Bottom Line
Airbnb & Short-Term Rentals are legal with restrictions in Florida. This activity is permitted, but specific conditions apply. Violating those conditions can result in fines or criminal charges. Read the rules carefully and consult an attorney if unsure.
Florida vs. the Rest of the US
Across the US, operating a short-term rental is fully legal in 35 states, restricted in 15, and illegal in 0. Florida falls in the RESTRICTED category.
View the full 50-state map →Neighboring States
Laws change at state lines. Here is how bordering states compare on Airbnb & Short-Term Rentals:
Frequently Asked Questions
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What mistakes do people make with operating a short-term rental in Florida?
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Reviewed by cross-referencing the cited state statute against current legislative databases and regulatory publications.
Sources & Verification
This page was reviewed by Ethan Harper by comparing the legal status against the cited state statute. AllowedHere is an informational resource and does not provide legal advice. Consult a licensed attorney for guidance specific to your situation.
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