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Short-Term Rental Regulations
in Miami Beach, FL

Last verified: March 2026 · Report an update

Zoning & Conditions

Vacation/short-term rentals (< 6 months + 1 day) are prohibited in all single-family homes and many multi-family buildings in specific zoning districts. Approved rentals must have zoning approval, a Business Tax Receipt, and a Resort Tax certificate, with both numbers conspicuously displayed in all advertisements per City Code Sec. 102-386.

How to Obtain a Permit

1. Apply via the City’s EnerGov online portal. 2. Submit required documents including an approved Certificate of Use, Warranty Deed, Articles of Incorporation, Florida Annual Resale Certificate, and a notarized Short-Term Rental Affidavit. 3. Obtain a Resort Tax registration and ensure the BTR and Resort Tax numbers are displayed on all listings.

Regulatory Updates — Miami Beach

Proposed and recent legislation

PassedJanuary 2023

Residential STR Ban Remains in Full Force

Miami Beach's ban on non-hosted short-term rentals in single-family (RS) and low-density residential zones continues in full effect. The ban is grandfathered under Florida SB 280 because it predates the 2011 preemption law. Code enforcement actively monitors listing platforms and pursues violations with fines up to $20,000 per incident.

Official source
PassedJune 2024

Enforcement Fine Escalation

Miami Beach increased maximum fines for short-term rental violations in prohibited zones. Fines now range from $1,000 for a first offense to $20,000 for repeat violations. The city's code compliance division uses automated listing-platform monitoring to identify and cite non-compliant properties.

ProposedApril 2025

City Lobbying for Expanded Municipal STR Authority

Miami Beach has actively lobbied Florida legislators to amend SB 280 to allow municipalities to restrict STRs more broadly without needing to rely on pre-2011 grandfathering. The effort is aligned with initiatives from Orlando, Tampa, and Key West.

Official Resources

Official Miami Beach STR regulation source

Local Resources & Advocacy

Florida Vacation Rental Management Association (FVRMA)Statewide

Statewide trade group that has challenged Miami Beach's enforcement approach and advocated for SB 280 to be interpreted as limiting Miami Beach's ability to expand its pre-2011 ban to new areas.

Miami Beach Hotel AssociationLocal

Represents the licensed hospitality industry along the South Beach corridor. Supportive of the residential STR ban, which it views as protecting fair competition for licensed hotel and resort operators.

Vacation Rental Management Association (VRMA)National

National trade association monitoring Miami Beach's regulatory evolution and the broader Florida SB 280 preemption debate its ban has helped fuel.

Frequently Asked Questions

Are short-term rentals allowed in Miami Beach, FL?
Vacation/short-term rentals (< 6 months + 1 day) are prohibited in all single-family homes and many multi-family buildings in specific zoning districts. Approved rentals must have zoning approval, a Business Tax Receipt, and a Resort Tax certificate, with both numbers conspicuously displayed in all advertisements per City Code Sec. 102-386.
Is a permit required to operate a short-term rental in Miami Beach?
Yes, a permit is required to operate a short-term rental in Miami Beach. 1. Apply via the City’s EnerGov online portal. 2. Submit required documents including an approved Certificate of Use, Warranty Deed, Articles of Incorporation, Florida Annual Resale Certificate, and a notarized Short-Term Rental Affidavit. 3. Obtain a Resort Tax registration and ensure the BTR and Resort Tax numbers are displayed on all listings.
How do I get a short-term rental permit in Miami Beach?
1. Apply via the City’s EnerGov online portal. 2. Submit required documents including an approved Certificate of Use, Warranty Deed, Articles of Incorporation, Florida Annual Resale Certificate, and a notarized Short-Term Rental Affidavit. 3. Obtain a Resort Tax registration and ensure the BTR and Resort Tax numbers are displayed on all listings.
Are short-term rentals legal in Miami Beach?
Only in specific zones. Miami Beach prohibits non-hosted short-term rentals in single-family and low-density residential zones — a ban enacted before 2011 that is grandfathered from Florida's SB 280 preemption law. Vacation rentals are legally operated in the city's hotel and resort zones (South Beach's hotel corridor, mid-Beach condo-hotel buildings, etc.). If you own a home in a Miami Beach residential neighborhood, you cannot legally rent it short-term without being present for the duration of the stay.
Why is Miami Beach's STR ban legal when Florida has SB 280 preemption?
Florida's SB 280 (2011) prevents municipalities from enacting new restrictions on short-term rentals that were not in place before the law took effect. Miami Beach's residential STR ban was in its municipal code before 2011, making it a 'grandfathered' pre-existing regulation that SB 280 explicitly does not disturb. The law prevents cities from adding new bans — it does not require cities to lift bans they already had.
What are the fines for operating an illegal short-term rental in Miami Beach?
Miami Beach's fines for operating an STR in a prohibited residential zone range from $1,000 for a first offense to $20,000 for repeat violations. The city uses automated monitoring of Airbnb, Vrbo, and other platforms to identify non-compliant listings and cross-references them against permit databases. The city can also pursue injunctions against persistent violators. Miami Beach's enforcement is among the most aggressive of any Florida municipality.
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Disclaimer

This information is for general reference only and may not reflect the most current regulations. STR regulations change frequently. Always verify requirements with official local government sources before operating a short-term rental.

Last verified: March 2026 · Suggest a correction