Everything Hosts Need to Know about Airbnb Laws and Regulations in Florida

Additional information can be found on the Fort Pierce website.

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As of January 20th, 2021, new Airbnb laws have taken effect in Hollywood, FL. Many of these laws come at the behest of community concern, given the increase in tourism to the city. Short-term vacation rentals will now have to

• Parking: Short-term rentals are subject to parking limitations and trash container requirements
• Licensing: All short-term vacation rentals are required to hold a license with the city of Hollywood.
• Point of Contact: A designated agent must be available 24/7 to respond to issues and complaints that may occur at the property.
• Noice: A noise monitoring system at the property.
• A certificate of insurance coverage to cover liability for injury or harm to occupants and other invitees

Hollywood specifically requires hosts to secure and provide proof of appropriate coverage for their Airbnb and encourages hosts to make sure they have the right policy, as “a standard homeowner’s or renter’s insurance policy may not necessarily provide such liability coverage” as defined in the ordinance. Additional information can be found on the Hollywood, FL website.

Kissimmee, Florida

Laws and Regulations for Short-term Rentals

Kissimmee is a well sought after tourist destination and according to Hosty is considered an excellent place to invest in an Airbnb due to its location and friendly regulations. The City of Kissimmee does however have strict zoning laws, where STRs can and cannot exist.  

The following regulations are currently in place:  

• Business Tax Receipt: Hosts must obtain a business tax receipt. They are considered business owners. 
• Building Code: To ensure properties are safe and habitable, the STR homes must be up to Florida building code.  
• Zoning: House must be in a correct STR zoning district.

Marco Island is considering a new ordinance that would enforce short-term rental (STR) hosts to hold $1 million in liability insurance along with other requirements by Jan. 8, 2024. The revised laws for Airbnb, Vrbos, and other short-term rentals are in response to the growing vacation rental market in the area and aim to address common issues associated with STR properties.  

The following regulations and ordinances are currently enforced on the island:

• Proof of ownership: STR’s must be the primary residence of the owner. 
• Insurance requirement: To operate, hosts must hold a certificate of insurance demonstrating a minimum of $1 million in liability coverage. 
• License: A transient rental license, either pending or valid, issued by the Florida Department of Business & Professional Regulation, is required. 
• Point Person: A designated contact person who can be reached at any time, 24/7, in case of any concerns related to parties or events at the short-term rental must be provided. 
• Parking: Must have a clear driveway and entrance as well as a photo or sketch of the off-street parking options. 
• Noise: Noise ordinances established by the city must be followed. 
• Safety: Working smoke detectors, carbon monoxide detectors, and a fire extinguisher must be available. 
• Hot tubs: Compliance with hot tub safety rules is mandatory.

Despite the restrictive Airbnb Laws enacted by Miami Beach, it remains the number one destination spot for short-term rentals. The rental business is booming with just under 8K rentals during quarter two of 2022. If your short-term rental is part of that 8K, here is what’s required in order to maintain good standing according to the city ordinance:

• Zoning: Proper zoning authorization and approval
• Permitting: A certificate permitting the use of the property as a short-term rental
• Safety: Compliance with all fire and safety codes
• A Business Tax Receipt

In addition, the city ordinance limits the areas within Miami Beach the number of times a rental can be leased in a seven-day period. No unit may be rented more frequently than once every seven days. While these regulations are restrictive, the market isn’t slowing down in Miami Beach, and offers a huge opportunity for short-term rentals.

As of July 1st, 2018, Airbnb laws have been amended to allow short-term rentals in the city with a permit. In order to register your short-term rental and receive a permit, you will need to provide the following information:

• Host on Site: The city resident applying for the Home Sharing Registration (registrant) must live on-site and be present when hosting guests.
• Proof of Ownership: The registrant must provide two forms of proof of residence to establish primary residency.
• Room Sharing: The registrant must verify the total number of bedrooms on the property and how many will be devoted to home sharing, as only 50 percent or less can be devoted to hosting guests.
• Quantity: Only a single booking is allowed at one time.
• HOA: If within a mandatory home owner association (HOA), an approval letter is required from your HOA with your registration.
• Permission: If the registrant is not the property owner, they must provide notarized permission from the landlord or owner to operate.
• Taxes: Hotel/motel taxes are to be collected from guests. Airbnb automatically collects these taxes, however Vrbo and other listing sites may not, and it is the host’s job to collect.
• Fee: The registrant is required to apply online, as well as pay an annual fee of the following:
  • First year – $275
  • Each year after –
    • $100, if owner lives on the property
    • $125, if non-owner occupied property

Other restrictions laid out in the city ordinance include a guideline for online advertising, such as on platforms like Airbnb and Vrbo. All listings and advertising must include the rental permit number. To register with the City of Orlando, visit their website and provide the appropriate documentation.

As of 2019, Palm Beach County in Florida has adopted additional Airbnb laws to better document short-term rentals in the area. All rentals must submit an application and be approved by the county before the rental service. The application includes:

• A Business Tax Receipt account number
• Tourist Development Tax account number

The Business Tax Receipt and Tourist Development Tax account both can be registered through the Palm Beach County website. To register, hosts will have to provide proof of identity, and the property control numbers for each listing property-”which can be located on the county tax collection website. Owners must pay taxes based on the occupancy of their rental monthly. If no rental activity occurs in a given period, owners must still submit a tax return to the county showing no activity.