Is Airbnb Legal in Clearwater? 2026 Rules, Permits & Taxes

License required

Yes

Taxes on a stay

13%

Fine for hosting without a permit

Up to $5,000

Listings showing a permit number

0%

Next rule change

Dec 31, 2029

Listing figures: AirROI, 12 months to October 2026. A number on a listing doesn't prove the permit or license is valid, and a missing one doesn't prove there is none.

The rules in brief

Who needs it

Anyone renting a whole home, condo or unit more than three times a year for stays under 30 days, in a zone where the city allows it. Renting only a room does not need the state license, but Clearwater's zoning rule can still apply.^2,14,16,23

Issued by

Florida Department of Business and Professional Regulation (state license); City of Clearwater Planning and Development (business tax receipt)

Valid for

The DBPR license renews every year on February 1 for Pinellas County (District 3). The city business tax year runs October 1 to September 30 and the receipt renews annually.

Processing

DBPR online applications are usually processed in one to two business days.

Fees

Who qualifies

• The property must sit in a zoning district that allows overnight accommodations (Tourist, Commercial, Downtown, US 19) or, in the Tourist district, be a resort attached dwelling; homes in residential districts cannot be rented for under 31 days.
• The city's business tax schedule lists rentals of under 30 days as needing Planning Department approval and the state license.
• Condominium and homeowners' association documents can limit or ban rentals.
• The state licenses two types: Vacation Rental - Condominium, and Vacation Rental - Dwelling (single-family homes and buildings of four or fewer units).

How to apply

1. 1 Confirm the property is in a zoning district that allows overnight accommodations and that condominium or homeowners' association rules allow short rentals.
2. 2 Apply online with DBPR for a Vacation Rental license (Condominium or Dwelling), submitting the address of each rental unit, and pay the $50 application fee, the $10 education fee and the license fee.
3. 3 Apply for a City of Clearwater business tax receipt on the city's ePermitting site (New, then Business Tax Application); the city's schedule requires Planning Department approval and the state license for rentals under 30 days.
4. 4 Register with the Florida Department of Revenue (form DR-1) for sales tax, and with the Pinellas County Tax Collector for the tourist development tax if bookings are made outside platforms that collect it.
5. 5 Display the DBPR license in a conspicuous place on the premises.

Permit rules

Residential owners may advertise only monthly rentals

The city's code compliance guide tells residential owners they can advertise for monthly rentals but not for daily or weekly rentals.²² Applies to: residential zoning districts

City business tax receipt for rentals under 30 days

Clearwater's business tax schedule lists single-family, duplex, apartment and condo/townhouse rentals with a rental period of less than 30 days at $31.50 for 1 to 5 units plus $1.70 for each additional unit.¹⁴ Applies to: rentals under 30 days in zones that allow them

Receipt needs Planning approval and the state license

The schedule marks rentals under 30 days as requiring approval by the Planning Department and inspection, approval or license of the state or county authority.¹⁴ Applies to: rentals under 30 days

Business tax receipts renew each October 1 to September 30

The city's business tax year runs October 1 to September 30 and renews annually; a receipt not renewed by September 30 draws a delinquent fee of 10% in October plus 5% for each later month, up to 25%. Operating before getting a receipt adds a penalty fee of 25% of the tax due.^14,23

Whole-home rentals need a DBPR vacation rental license

Each public lodging establishment, including a vacation rental, must hold a license from the state Division of Hotels and Restaurants. The license cannot be transferred from one place or person to another.^2,16 Applies to: whole homes, condos and units rented more than three times a year for under 30 days

More than three rentals a year triggers the license

The state license is needed when an entire unit is rented more than three times in a calendar year for stays under 30 days, or when it is advertised as regularly rented to guests.¹⁶ Applies to: entire units

Register with the Department of Revenue for sales tax

Anyone who rents transient accommodations must register with the Florida Department of Revenue to collect, report and remit tax.²⁰

Airbnb collects state tax, surtax and the Pinellas tourist tax

Airbnb collects the 6% state tax, the county surtax and the 6% Pinellas County tourist development tax on stays of 182 nights or fewer. The Pinellas County Tax Collector says the owner is liable if a platform fails to collect and pay the tax.^24,30 Applies to: Airbnb bookings

County Certificate of Use: $450, inspection required

In unincorporated Pinellas County the Certificate of Use costs $450 (paid as $250 at application and $200 after an approved inspection), plus a $150 inspection fee, with a $450 annual renewal and a $100 re-inspection every two years.²⁶ Applies to: unincorporated Pinellas County · In force since August 2025

State preemption does not reach the 2003 rule

Florida bars local governments from prohibiting vacation rentals or regulating their duration or frequency, but the bar does not apply to rules adopted on or before June 1, 2011. Clearwater's 31-day rule was adopted by Ordinance March 7105 on April 17, 2003, so it stays enforceable.^1,9 Applies to: residential zoning districts · In force since June 1, 2011

Tourist district resort attached dwellings can be rented for any term

A resort attached dwelling is an attached dwelling in the Tourist (T) district that may be occupied, offered or advertised for any term. The Tourist district lists resort attached dwellings and overnight accommodations among its permitted uses.^10,11 Applies to: Tourist (T) zoning district

Overnight accommodations are stays under 31 days

The code defines overnight accommodations as a facility whose units are occupied, or offered or advertised, for a term of less than 31 days or one calendar month, regardless of ownership form or the kind of agreement.¹⁰

Where overnight accommodations are permitted

The city's permitted-use chart lists overnight accommodations in the Commercial, Tourist, Downtown, US 19 and Industrial, Research and Technology districts, and in some residential districts only as a small use accessory to a private residence.¹¹ Applies to: zoning districts

Small accessory stays in some residential districts

Under flexibility criteria in some residential districts, overnight accommodations are allowed only as a use accessory to the owner's private residence, limited to four or six units depending on the district, with food service for guests only.¹¹ Applies to: owner-occupied residences in certain residential districts

Renting only a room does not need the state license

Renting a single room or rooms rather than the whole unit is not classed as public lodging, so no DBPR license is needed. Clearwater's zoning definition of residential use does not carve out hosted stays.^10,16 Applies to: rooms in an occupied home

Condo rental bans bind only consenting or later owners

A condominium amendment that prohibits renting, changes the rental term or limits how often units can be rented applies only to owners who consent and owners who buy after the amendment takes effect.⁵ Applies to: condominium units

An HOA can limit rentals under six months

A homeowners' association may amend its governing documents to prohibit or regulate rentals for terms under 6 months and to prohibit renting a parcel more than three times a year.⁶ Applies to: parcels in homeowners' associations

No rentals under 31 days in residential districts

Clearwater's definition of a residential use excludes rentals of less than 31 days or one calendar month, and excludes advertising a place for such stays. In practice, nightly and weekly rentals are not allowed in residential zoning districts.^9,10,21 Applies to: homes and units in residential zoning districts · In force since April 17, 2003

A state license, tax registration or listing is evidence of a violation

In a residential district, the code treats a state short-term rental license or tax registration, advertising a home for tourist or vacation use, bookings or leases under 31 days, and using an agent to take reservations as prima facie evidence of the prohibited use.⁹ Applies to: residential zoning districts · In force since April 17, 2003

State law counts stays under 30 consecutive days as transient

Since July 1, 2025 the statutory definition of a transient public lodging establishment covers stays of less than 30 consecutive days; stays of 30 consecutive days or more are nontransient.^4,29 In force since July 1, 2025

Smoke detectors and a displayed license

Every living unit needs smoke detectors, and the DBPR license must be displayed in a conspicuous place on the premises.¹⁶ Applies to: licensed vacation rentals

Renting a homestead can end the homestead exemption

Renting all or substantially all of a home previously claimed as homestead counts as abandoning the homestead until the owner lives there again.⁷ Applies to: homestead-exempt owners renting the whole home

Violations go to the code board as a last resort

The city says it seeks voluntary compliance first and uses the Municipal Code Enforcement Board or Pinellas County Court, with fines and liens, only as a last resort. The Development Code, including the 31-day rule, is enforced under Article 7.^13,22

Pinellas County's program covers unincorporated areas only

Pinellas County's short-term rental Certificate of Use applies to properties in unincorporated Pinellas County; properties inside Clearwater follow the city's rules above.^15,26 Applies to: unincorporated Pinellas County · In force since August 2025

County occupancy cap of two per bedroom, 10 guests

In unincorporated Pinellas County, occupancy is limited to two guests per bedroom plus two in one common area, with a maximum of 10 guests.²⁶ Applies to: unincorporated Pinellas County · In force since August 2025

Median nightly rate, booked nights

$230

Taxes on that night (13%)

$30

Guest pays, before Airbnb and cleaning fees

$260

What the host still handles

• DBPR vacation rental license for whole-home rentals under 30 consecutive days, renewed each February 1.
• City of Clearwater business tax receipt, renewed each year for the October 1 to September 30 tax year.
• Florida Department of Revenue: register (form DR-1) to collect, report and remit sales tax on transient rentals; Florida requires a return even when no tax is due.
• Pinellas County Tax Collector tourist development tax account for bookings made outside platforms that collect it; the owner is liable if a platform does not collect and pay.^{8,17,18,19,20,24,25,30}

• Clearwater's code enforcement board or special magistrate can fine up to $250 a day for a first violation and $500 a day for a repeat violation, and, after weighing the gravity, corrective action and history, up to $1,000 a day for a first violation, $5,000 a day for a repeat violation and $15,000 for an irreparable violation.¹³
• Standard daily fine limits for a Development Code violation: $250 per day for a first violation and $500 per day for a repeat violation, or up to $5,000 per violation that is irreparable.¹³
• Operating a vacation rental without a DBPR license is a misdemeanor of the second degree.²
• DBPR may fine a licensee up to $1,000 per offense, and can suspend, revoke or refuse a license.³
• A city business tax receipt not renewed by September 30 draws a delinquent fee of 10% in October plus 5% for each later month (up to 25%), and operating before obtaining a receipt adds a penalty fee of 25% of the tax due.¹⁴

1. December 31, 2029 Upcoming
   Pinellas 1% sales surtax listed to end

   The Department of Revenue lists the Pinellas County discretionary sales surtax of 1% as running through December 31, 2029.¹⁸

2. August 5, 2025
   Pinellas County adopts Ordinance 25-15

   The county moved its short-term rental rules into its Housing Code as Division 5 of Chapter 22 (s. 22-319), effective on filing with the Department of State in August 2025; the rules cover unincorporated areas only.¹⁵

3. July 1, 2025
   State definition changes to less than 30 consecutive days

   Chapter 2025-113 (SB 606) revised the definition of a transient public lodging establishment to rentals of less than 30 consecutive days; the preemption in s. 509.032(7) was not changed.^4,29

4. March 25, 2025
   Pinellas County adopts a short-term rental ordinance for unincorporated areas

   The Board of County Commissioners adopted a Certificate of Use program for rentals under 30 days more than three times a year in unincorporated Pinellas County; it does not apply inside Clearwater.²⁷

5. June 27, 2024 Lapsed
   Governor vetoes the 2024 statewide vacation rental bill

   CS/SB 280 would have moved vacation rental licensing and platform rules to the state and capped local registration programs; the Governor vetoed it, so Florida's preemption in s. 509.032(7) did not change.²⁸

6. June 4, 2009
   Section 3-919 last amended

   Ordinance September 8042 amended the prima facie evidence section; the Municode history note shows no later amendment.⁹

7. April 17, 2003
   Clearwater adopts the 31-day rule

   Ordinance March 7105 added the section on prima facie evidence of rentals under 31 days in residential zoning districts, before the June 1, 2011 cutoff in Florida's preemption law.^1,9

Estimate what a Clearwater home could earn

1. 1. Florida Statutes s. 509.032 (Duties; preemption of vacation rental regulation) · Florida Legislature
2. 2. Florida Statutes s. 509.241 (Licenses required) · Florida Legislature
3. 3. Florida Statutes s. 509.261 (Revocation or suspension of licenses; fines) · Florida Legislature
4. 4. Florida Statutes s. 509.013 (Definitions) · Florida Legislature
5. 5. Florida Statutes s. 718.110 (Amendment of declaration) · Florida Legislature
6. 6. Florida Statutes s. 720.306 (Meetings of members; voting and election; amendments) · Florida Legislature
7. 7. Florida Statutes s. 196.061 (Rental of homestead to constitute abandonment) · Florida Legislature
8. 8. Florida Statutes s. 212.03 (Transient rentals tax) · Florida Legislature
9. 9. Community Development Code s. 3-919 (Prima facie evidence of certain uses in residential zoning district) · City of Clearwater, via Municode
10. 10. Community Development Code s. 8-102 (Definitions) · City of Clearwater, via Municode
11. 11. Community Development Code Article 2 (Zoning districts, Chart 2-100 and Tourist District) · City of Clearwater, via Municode
12. 12. Community Development Code s. 1-104 (Jurisdiction and applicability) · City of Clearwater, via Municode
13. 13. Community Development Code Article 7 (Enforcement proceedings and penalties) · City of Clearwater, via Municode
14. 14. Code of Ordinances Appendix A, Schedule of Fees, Rates and Charges (business tax) · City of Clearwater, via Municode
15. 15. Ordinance 25-15 (Pinellas County Code, Chapter 22, Division 5, Short Term Rentals), state-filed copy · Pinellas County Board of County Commissioners
16. 16. Vacation Rentals and Timeshare Projects: licensing guide · Florida Department of Business and Professional Regulation
17. 17. Local Option Transient Rental Tax Rates (DR-15TDT, R. 03/25) · Florida Department of Revenue
18. 18. Discretionary Sales Surtax Information for Calendar Year 2026 (DR-15DSS, R. 11/25) · Florida Department of Revenue
19. 19. History of Local Sales Tax and Current Rates (R. 02/26) · Florida Department of Revenue
20. 20. Tax Information for Hotels, Motels, and Other Transient Accommodations (GT-800034, R. 10/25) · Florida Department of Revenue
21. 21. Application for Residential Rental Property Business Tax Receipt (revised 2019-05-15) · City of Clearwater Planning and Development
22. 22. Code Compliance: A Citizens Guide to Code Enforcement · City of Clearwater Planning and Development
23. 23. Business Tax Receipts (BTR) · City of Clearwater
24. 24. Tourist Development Taxes · Pinellas County Tax Collector
25. 25. Pay Tourist Development Tax · Pinellas County
26. 26. Short-Term Rental (STR) Certificate of Use Program for Unincorporated Pinellas County · Pinellas County
27. 27. Pinellas County Commission adopts short-term-rental ordinance (2025-03-26) · Pinellas County
28. 28. Governor Ron DeSantis Vetoes One Bill (2024-06-27) · Office of the Governor of Florida
29. 29. SB 606 (2025): Public Lodging and Public Food Service Establishments (Chapter 2025-113) · Florida Senate
30. 30. Occupancy tax collection and remittance by Airbnb in Florida · Airbnb Help Center