Miami Beach Short-Term Rental Regulations

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Permit & Licensing

Certificate of Use for short-term rental, plus a City of Miami Beach Business Tax Receipt (BTR) and Resort Tax registration certificate. New short-term rental Certificates of Use are NOT available citywide — only legacy/grandfathered properties in three categories may apply: (1) Flamingo Park/Espanola Way Historic Districts (zoned RM-1 or TH) with pre-March 10, 2010 resort-tax and state registration history; (2) Collins Waterfront Local Historic District, south of West 24th Terrace, contributing buildings only; (3) North Beach/Harding Avenue corridor (zoned RM-1, contributing North Shore National Register Historic District buildings). Outside these categories, and in districts zoned RM-1, RM-PRD, RM-PRD-2, RPS-1, RPS-2, CD-1, RO, RO-3, or TH, short-term rental use is prohibited and no Certificate of Use is obtainable.

This permit type does not require primary residence. Zoning restriction: Vacation/short-term rentals are prohibited in all single-family homes and in many multi-family housing buildings located in restricted zoning districts of Miami Beach; only city-authorized apartment buildings (roughly 434 addresses, per the City's published list) may legally operate as short-term rentals.

Application Process

1) Confirm property is in an eligible grandfathered zoning/historic district and meets the applicable eligibility criteria (pre-2010 resort tax/state registration history for Flamingo Park/Espanola Way; contributing-building status for Collins Waterfront or North Beach/Harding Ave); 2) Submit a Certificate of Use application (with contact person, minimum lease term, and required supporting documents/letters) and pay the $600 or $1,000 application fee; 3) Obtain all required Florida Building Code / Florida Fire Prevention Code approvals; 4) Register for and obtain a City Business Tax Receipt and a Resort Tax registration certificate; 5) Provide required documents including Certificate of Use, deed, association letter, homestead-exemption-loss acknowledgment, and hosting-platform disclosure; 6) Display BTR and Resort Tax certificate numbers on every listing/advertisement; 7) Renew the Certificate of Use annually, contingent on no more than 2 adjudicated violations in the prior 12 months. Also requires a Florida DBPR Vacation Rental license from the state if renting an entire unit more than 3 times/year for stays under 30 days.

Tax Obligations

Combined rate: 10% (6% Florida state sales tax + 4% City of Miami Beach Resort Tax) of gross rental income.

Collection: Resort Tax: operator must register with the City Finance Director within 15 days of commencing business, obtain a Resort Tax registration certificate, and self-remit collected tax to the City's chief financial officer online. State sales tax: self-remit to the Florida Department of Revenue (platforms may collect and remit state sales tax on the host's behalf, but the City Resort Tax registration and remittance is a separate, host-level obligation).

Filing: Monthly. Resort Tax returns and remittance are due before the 20th day of the month following the close of each calendar month (quarterly filing may be authorized if tax due does not exceed $100/quarter).

Rental Limits

Miami Beach does not impose an annual cap on the number of nights you can rent. Individual-stay rule: Under 6 months and 1 day (183 days) — this is the definitional ceiling of what counts as a regulated "short-term rental"; stays of 6 months and 1 day or longer fall outside this ordinance's prohibition/permit regime.

Zoning & Restrictions

Short-term rental (occupancy for less than six months and one day) of apartment or townhome residential properties is prohibited in districts zoned RM-1, RM-PRD, RM-PRD-2, RPS-1, RPS-2, CD-1, RO, RO-3, and TH, and none of these districts may be used as a hotel. Only three grandfathered exemption categories exist (Flamingo Park/Espanola Way, Collins Waterfront Historic District south of West 24th Terrace, and the North Beach/Harding Avenue corridor). Vacation/short-term rentals are also prohibited in all single-family homes citywide; the City maintains a list of roughly 434 specific apartment buildings across other zoning districts (including CD-2, CD-3, CPS-1/2/4, GU, MXE, RM-2/3, RPS-3/4, RS-3/4, SPE, TC-1/3/3(c)/C) that are authorized for short-term rental.

Insurance & Safety

Insurance

Miami Beach does not require short-term rental operators to carry specific insurance. Standard homeowner policies often exclude short-term rental activity, so many hosts obtain dedicated short-term rental or landlord liability coverage.

Safety & Operating Requirements

• Certificate of Use required (city-level), issued only to eligible grandfathered properties
• Compliance with Florida Building Code and Florida Fire Prevention Code required before Certificate of Use is issued
• 24-hour, 7-day on-site or nearby (within districts, or within 500 feet for North Beach category) contact person required, posted at the premises
• No signs advertising the short-term rental permitted on the exterior of the property or right-of-way
• State-level: install smoke detectors in every living unit
• State-level: all units must comply with NFPA 101, the Life Safety Code
• State-level: buildings 3+ stories with a majority of units as vacation rentals and specific height/egress criteria require automatic fire sprinklers per NFPA 13
• State-level: annual human trafficking awareness training required for housekeeping/front-desk staff

Penalties for Non-Compliance

Civil fines for illegal short-term rental (violation of the zoning prohibition in subsection (a)) escalate per violation within an 18-month window: 1st violation $20,000; 2nd violation $40,000; 3rd violation $60,000; 4th violation $80,000; 5th or greater violation $100,000 plus suspension/revocation of the Certificate of Use. An enhanced $25,000 additional fine applies on a 2nd offense within 18 months if the property's total building square footage exceeds 5,000 sq ft. The special master cannot waive or reduce these fines. The City may also seek injunctive relief, and fine orders become liens on the violator's property.

Platform Requirements

Owners/operators must provide and conspicuously display the City-issued Business Tax Receipt (BTR) number and the Resort Tax certificate number in every advertisement or listing of any type (including on hosting platforms such as Airbnb) in connection with the rental of the residential property. Owners must also provide the City with the names and contact information for all hosting, advertisement, and short-term rental advertising platforms on which the property is or will be listed.

Compliance Checklist

Follow these steps to legally operate a short-term rental in Miami Beach:

1. Meet safety requirements. Certificate of Use required (city-level), issued only to eligible grandfathered properties. Compliance with Florida Building Code and Florida Fire Prevention Code required before Certificate of Use is issued. 24-hour, 7-day on-site or nearby (within districts, or within 500 feet for North Beach category) contact person required, posted at the premises. No signs advertising the short-term rental permitted on the exterior of the property or right-of-way. State-level: install smoke detectors in every living unit. State-level: all units must comply with NFPA 101, the Life Safety Code. State-level: buildings 3+ stories with a majority of units as vacation rentals and specific height/egress criteria require automatic fire sprinklers per NFPA 13. State-level: annual human trafficking awareness training required for housekeeping/front-desk staff.
2. Note: New STR applications are not currently accepted. 1) Confirm property is in an eligible grandfathered zoning/historic district and meets the applicable eligibility criteria (pre-2010 resort tax/state registration history for Flamingo Park/Espanola Way; contributing-building status for Collins Waterfront or North Beach/Harding Ave); 2) Submit a Certificate of Use application (with contact person, minimum lease term, and required supporting documents/letters) and pay the $600 or $1,000 application fee; 3) Obtain all required Florida Building Code / Florida Fire Prevention Code approvals; 4) Register for and obtain a City Business Tax Receipt and a Resort Tax registration certificate; 5) Provide required documents including Certificate of Use, deed, association letter, homestead-exemption-loss acknowledgment, and hosting-platform disclosure; 6) Display BTR and Resort Tax certificate numbers on every listing/advertisement; 7) Renew the Certificate of Use annually, contingent on no more than 2 adjudicated violations in the prior 12 months. Also requires a Florida DBPR Vacation Rental license from the state if renting an entire unit more than 3 times/year for stays under 30 days.
3. Register for tax accounts. Set up lodging tax accounts with City of Miami Beach Finance Department (Resort Tax) and Florida Department of Revenue (state sales tax).
4. Display your permit number. Include your permit/license number in all listings and advertisements.
5. Collect and remit taxes. 10% (6% Florida state sales tax + 4% City of Miami Beach Resort Tax) on all bookings.
6. Renew annually. Contact city for renewal fee details.

Frequently Asked Questions

Do you need a permit to run an Airbnb in Miami Beach?

Operating a short-term rental in Miami Beach requires a permit, and Miami Beach has restricted or paused new short-term rental permits (a moratorium or grandfathering applies). Confirm current availability with the city before buying a property to rent.

Does Miami Beach require a short-term rental to be your primary residence?

Miami Beach is not issuing new short-term rental permits, so in practice only previously permitted (grandfathered) properties can operate — regardless of whether it is your primary residence.

How many days a year can you short-term rent in Miami Beach?

Miami Beach does not cap the number of nights per year you can short-term rent, though permitting, zoning, and occupancy rules still apply.

What taxes do you pay on a short-term rental in Miami Beach?

Short-term rental stays in Miami Beach are subject to a combined 10% in lodging taxes. This combines 6% Florida State Sales Tax + 4% Miami Beach Resort Tax (transient rental of rooms). The host is responsible for collecting and remitting them.