Is Airbnb Legal in Miami Beach? 2026 Rules, Permits & Taxes

Permit required

Yes

Taxes on a stay

14%

Fine for hosting without a permit

$15,000

Listings showing a permit number

88%

Latest rule change

Jul 1, 2025

Listing figures: AirROI, 12 months to September 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

Any owner renting a residential unit for less than six months and one day in a district that allows it. Only unit owners can obtain the receipt, and tenants cannot.^{9,19,20,21,22,23,29}

Issued by

City of Miami Beach (Planning Department for the Certificate of Use, Fire Department for the inspection, Finance Department for the Business Tax Receipt and Resort Tax account), alongside a Florida DBPR vacation rental license

Valid for

The Business Tax Receipt runs on the city tax year from October 1 to September 30 and must be renewed; the Certificate of Use stays with the location and is not renewed each year; the state license renews every year.

Processing

The city publishes no processing time; an application left idle for 90 days after the first review is treated as abandoned, and the fire inspection must be completed within 90 days of Planning approval.

On listings

The number must appear on every listing

Platform checks

City Code section 102-387 requires platforms to display each owner's Business Tax Receipt and Resort Tax numbers and bars them from processing payment for a unit without a valid receipt and Certificate of Use.

Fees

Who qualifies

• The address must be in a qualified zone on the city's Short-Term Rental Zoning Map or in a building on the city's authorized apartment building list; single-family homes cannot qualify.
• The applicant must own the unit; the application needs an approved Certificate of Use, a recorded warranty deed or bill of sale, a federal ID number, a Florida annual resale certificate for sales tax and the state license.
• Condominium units need a letter from the association, dated within the last 60 days, saying short-term rental is allowed for the specific unit, and the association must hold its own Business Tax Receipt.
• The owner must acknowledge in writing that short-term rental could cost the homestead exemption, list every hosting platform used, and carry liability insurance.
• A separate Certificate of Use is needed for each unit.

How to apply

1. 1 Check the address on the city's Short-Term Rental Zoning Map and its list of apartment buildings authorized for short-term rental; single-family homes do not qualify.
2. 2 Obtain the Florida DBPR vacation rental license and a Florida sales tax registration.
3. 3 For a condominium unit, obtain the association's letter dated within 60 days; the association must already hold its own Business Tax Receipt.
4. 4 Create a Civic Access account, choose "Certificate of Use – Short Term Rental", and upload the checklist documents.
5. 5 After Planning approves, schedule the Fire Department inspection on Civic Access within 90 days; the certificate issues automatically once the inspection and Finance review pass.
6. 6 Apply for the Business Tax Receipt and register for Resort Tax, with the notarized affidavit, the platform list and the homestead notice.
7. 7 Put the Business Tax Receipt and Resort Tax certificate numbers in every listing, and file Resort Tax each month.

Permit rules

A Florida DBPR vacation rental license is required

Renting a whole unit more than three times a year for under 30 days needs a state vacation rental license, and the license number is part of the city application.^3,12,20 Applies to: whole-home rentals under 30 days

The city business license bundles a Certificate of Use, fire fee and Business Tax Receipt

Every business in Miami Beach needs a Business License made up of a Certificate of Use, an annual fire fee and a Business Tax Receipt. A separate Certificate of Use is needed for each unit run as a short-term rental, and the receipt is applied for only after the certificate and fire inspection clear.^22,23

A Resort Tax account is part of registration

A short-term rental needs both a Business Tax Receipt and a city Resort Tax account, and the city lists no situation where a transient rental can lawfully run without them.^19,21

Miami-Dade County also requires a local business tax receipt

A business inside a Miami-Dade city holds both a city and a county receipt, so a Miami Beach host also needs the county Local Business Tax Receipt.¹⁸

Show the receipt and Resort Tax numbers in every listing

Every advertisement or listing must conspicuously show the city-issued Business Tax Receipt number and the Resort Tax certificate number. Leaving them out creates a presumption that the unit runs without registration.^9,19

No advertising before the owner files a sworn affidavit

An owner may not advertise a residential property for transient rental until filing an affidavit, under penalty of perjury, that the zoning allows it, a receipt and Resort Tax certificate are held, insurance is in place and the condominium association has authorized it in writing.⁹

Platforms may not process payments for unregistered units

Under the city code a hosting platform may not list a short-term rental without showing the owner's receipt and Resort Tax numbers, and may not process payment for a unit without a valid Business Tax Receipt and Certificate of Use. Platform violations carry fines from $1,000 to $5,000.⁹ Applies to: booking platforms

Single-family homes cannot be rented short term

Renting a single-family home in Miami Beach for less than six months and one day is prohibited, and so is advertising it for that use.^19,24

Short stays are banned in most low-rise apartment districts

Renting an apartment or townhome for less than six months and one day is not a permitted use in the RM-1, RM-PRD, RM-PRD-2, RPS-1, RPS-2, CD-1, RO and TH districts, unless a specific exemption in the code applies.^10,24 Applies to: apartments and townhomes in the listed districts · In force since June 2010

A few older buildings were approved under grandfather routes

The code lets certain buildings in the restricted districts hold a certificate of use for short-term rental: RM-1 and TH properties in the Flamingo Park and Espanola Way historic districts that were already renting short term in 2010, certain historic buildings in the Collins Waterfront district, and certain historic buildings fronting Harding Avenue in North Beach. The application windows for the Flamingo Park and Espanola Way route (2010, with late filings to 2012) and the Collins Waterfront route (April to September 2017) have closed, and only entire units may be rented, not rooms.^10,19 Applies to: buildings approved under the grandfather routes · In force since June 19, 2010

Outside the restricted districts, qualified zones may operate

A property in a qualified zone on the city's Short-Term Rental Zoning Map may operate a short-term rental once it holds a Vacation/Short-Term Rental Business Tax Receipt. The city also publishes a list of apartment buildings authorized for short-term rental.¹⁹ Applies to: properties in qualified zones

Only the unit owner can get the receipt

Business Tax Receipts for transient rentals are issued only to unit owners, so a tenant cannot obtain one. A recorded warranty deed or bill of sale is part of the application.^20,21 Applies to: owners

Condo units need an association letter dated within 60 days

A unit in a condominium or association building needs a letter, dated within the last 60 days, saying short-term rental is allowed for that specific unit. The association must hold its own Business Tax Receipt first, and under state law a condo rental ban binds owners who consent or buy after it takes effect.^6,20 Applies to: condominium and association units

Florida's ban on local limits does not cover this ordinance

State law bars local rules on vacation rentals only for rules adopted after June 1, 2011. Miami Beach enacted its apartment and townhome restriction in 2010, and a state appeals court upheld the prohibition while striking only the city's excess fines.^1,26 In force since June 1, 2011

Short term means less than six months and one day

The city treats any stay of less than six months and one day as a vacation or short-term rental, a far longer threshold than the 30-day line in Florida's licensing law. A lease of at least six months and one day is not a short-term rental under the city rules.^2,19

Grandfathered rentals can be booked no more than once every seven days

Units approved under the grandfather route may not be rented more frequently than once every seven days, and the North Beach and Collins Waterfront routes require at least a seven-night reservation.¹⁰ Applies to: units approved under the grandfather routes

Two guests per bedroom

Occupancy of a short-term rental is limited to two persons per bedroom, not counting children under two, and never above the occupant load set by the Florida Building Code or Fire Prevention Code.⁹

Guest parking is limited to two vehicles

Guest vehicles must park in the driveway or designated parking area, or on the street or swale in front of the property where none exists, and no more than two vehicles may be parked at once.⁹

Noise rules apply and outdoor amplified sound is banned

Guests must follow the city noise ordinance (City Code section 46-152), and outdoor amplified sound at a short-term rental is prohibited at all times.⁹

Problems must be resolved around the clock

The owner must make sure violations at the rental are addressed and resolved 24 hours a day, seven days a week, and give guests written notice of the city standards before they arrive.⁹

Liability insurance must be in force

Insurance covering liability for injury or harm to guests and their invitees must be in effect at all times while the property is rented short term.⁹

The Fire Department inspects before the certificate issues

After Planning approves the Certificate of Use, the Fire Department inspects the unit on site, and the inspection must be completed within 90 days or the application is treated as abandoned. The rental can also be inspected when the receipt is issued or renewed.^9,22

State safety rules apply: smoke detectors in every unit

The state license requires smoke detectors in every living unit and compliance with the Life Safety Code, and buildings of three or more stories need a balcony inspection certificate every three years.¹²

Keep a guest register open to city inspection

The owner must keep a register with the names and dates of stay of all guests and their invitees, open to inspection by the city, and give the city the names of every platform where the unit is listed.^9,20

Renting a homestead can end the exemption

The city application requires a written acknowledgement that short-term rental can cost the owner the homestead exemption, and Florida law treats renting all or substantially all of a homestead as abandoning it.^8,20 Applies to: owners with a homestead exemption

Median nightly rate, booked nights

$275

Taxes on that night (14%)

$39

Guest pays, before Airbnb and cleaning fees

$314

What the host still handles

• Florida DBPR vacation rental license for whole-home rentals of less than 30 days, renewed every year.
• Florida Department of Revenue sales tax registration for short-term living accommodations; Airbnb remits the 6% state tax and 1% surtax on its own bookings, and taxes on other bookings are the host's to report.
• City of Miami Beach Business Tax Receipt, renewed each October 1 to September 30, and a Resort Tax account with a monthly return due by the 20th of the following month, including sales made through Airbnb.
• Miami-Dade County Local Business Tax Receipt in addition to the city receipt, and a county tourist tax account for convention development tax on bookings a platform does not collect; collectors of these taxes must file monthly even when no tax is collected.^{5,14,15,16,17,18,21,34}

• Renting where the zoning bans it: fines under Florida's code enforcement caps of up to $1,000 a day for a first violation, $5,000 a day for a repeat violation and $15,000 per violation if found irreparable or irreversible, plus immediate termination of the rental and a lien on the owner's property.^10,11,26
• Breaking the owner duties in City Code section 102-386 (advertising without registration, missing numbers, insurance, parking, noise): a $1,000 civil fine for a first offense.⁹
• A second or later violation of those owner duties within six months: a $5,000 civil fine and revocation of the Business Tax Receipt and Certificate of Use.⁹
• Platforms that list or process payment for unregistered units face fines of $1,000 for a first offense, rising to $5,000 for a fourth or later violation within six months.⁹
• Special Magistrate notices for a short-term rental whose Business Tax Receipt was not renewed carry a $1,000 fine for a first offense.²⁵
• If a building or unit is found to be operating a short-term rental illegally, the city can have the guests evicted and fines assessed against the owner.²⁸
• Operating a vacation rental without a DBPR license is a second-degree misdemeanor.³
• DBPR may fine a licensee up to $1,000 per offense and may suspend, revoke or refuse a license.⁴

1. July 1, 2025
   Florida defines transient lodging as under 30 consecutive days

   SB 606 (Chapter 2025-113) revised the definition of a transient public lodging establishment to rentals of less than 30 consecutive days; it did not change the local preemption.^2,33

2. October 1, 2024
   Miami-Dade County Business Section takes over convention and tourist tax collection

   Short-term rental taxes in Miami-Dade, including the 3% convention development tax, are collected by the Department of Regulatory and Economic Resources Business Section from this date.¹⁸

3. June 27, 2024
   Governor vetoes CS/SB 280, which would have preempted local vacation rental registration

   The Legislature passed a bill that would have preempted vacation rental licensing and capped local fines for registration violations at $500; the Governor vetoed it, and the state preemption in section 509.032(7) is unchanged.^31,32

4. February 1, 2023
   Land development rules recodified as the Resiliency Code

   The City Commission adopted the new Resiliency Code, which carries the short-term rental rules as sections 7.5.4.11 and 7.5.4.13(d)(E) and was expected to take effect by June 1, 2023.³⁰

5. October 14, 2020
   City replaces the excess fines with the state caps

   The City Commission amended the short-term rental ordinance so that violations carry the fines allowed under Chapter 162 (first reading September 29, 2020, second reading scheduled October 14, 2020).^27,35

6. September 23, 2020
   Appeals court strikes the $20,000 to $100,000 fines but keeps the prohibition

   The Third District Court of Appeal held that Miami Beach's escalating fines of $20,000 to $100,000 exceeded the Chapter 162 caps, and on rehearing it severed the fines while rejecting the view that the short-term rental prohibition must fall.²⁶

7. December 14, 2016
   Owner duties and advertising rules added to City Code section 102-386

   Ordinance 2016-4062 created the owner duties for short-term rentals, including the affidavit and the display of the receipt and Resort Tax numbers in ads; the section was amended in 2018 and again by Ordinance 2021-4442 on September 17, 2021.⁹

8. June 1, 2011
   Florida preemption cutoff date

   Section 509.032(7)(b) bars local limits on vacation rentals but does not apply to rules adopted on or before this date, which keeps the Miami Beach rule enforceable.¹

9. June 2010
   Miami Beach restricts short-term rental of apartments and townhomes

   The city enacted City Code section 142-1111 in 2010, prohibiting stays of less than six months and one day in apartment and townhome districts, with approval routes for buildings that were already renting short term. The same rule now sits in Resiliency Code section 7.5.4.11.^10,26

Estimate what a Miami Beach home could earn

1. 1. Florida Statutes s. 509.032 (Duties; preemption of vacation rental regulation) · The Florida Legislature
2. 2. Florida Statutes s. 509.013 (Definitions) · The Florida Legislature
3. 3. Florida Statutes s. 509.241 (Licenses required) · The Florida Legislature
4. 4. Florida Statutes s. 509.261 (Revocation or suspension of licenses; fines) · The Florida Legislature
5. 5. Florida Statutes s. 212.03 (Transient rentals tax) · The Florida Legislature
6. 6. Florida Statutes s. 718.110 (Amendment of declaration) · The Florida Legislature
7. 7. Florida Statutes s. 720.306 (Meetings of members; voting and election; amendments) · The Florida Legislature
8. 8. Florida Statutes s. 196.061 (Rental of homestead to constitute abandonment) · The Florida Legislature
9. 9. City Code ch. 102, art. V, secs. 102-386 and 102-387 (short-term rental owner and platform duties) · City of Miami Beach (Municode)
10. 10. Miami Beach Resiliency Code, sec. 7.5.4.11 (short-term rental of apartment units or townhomes) · City of Miami Beach (Gridics code hub)
11. 11. Florida Statutes s. 162.09 (Administrative fines; costs of repair; liens) · Florida Legislature
12. 12. Vacation Rentals and Timeshare Projects: licensing guide · Florida DBPR, Division of Hotels and Restaurants
13. 13. Lodging license fees · Florida DBPR, Division of Hotels and Restaurants
14. 14. Florida Sales and Use Tax: who must register · Florida Department of Revenue
15. 15. Local Option Transient Rental Tax Rates (DR-15TDT, R. 03/25) · Florida Department of Revenue
16. 16. Discretionary Sales Surtax Information for Calendar Year 2026 (DR-15DSS, R. 11/25) · Florida Department of Revenue
17. 17. History of Local Sales Tax and Current Rates (R. 02/26) · Florida Department of Revenue
18. 18. Convention and Tourist Development Taxes · Miami-Dade County Tax Collector
19. 19. Vacation Short Term Rentals · City of Miami Beach
20. 20. Short-term Rental Requirements · City of Miami Beach
21. 21. File/Pay Resort Tax (FAQ) · City of Miami Beach
22. 22. Get a Certificate of Use (CU) · City of Miami Beach Planning Department
23. 23. Business Tax Receipt, Certificate of Use, and Annual Fire Inspection · City of Miami Beach Finance Department
24. 24. Special Magistrate agenda, July 17, 2025 · City of Miami Beach Code Compliance
25. 25. Special Magistrate agenda, April 14, 2025 · City of Miami Beach Code Compliance
26. 26. City of Miami Beach v. Nichols, No. 3D19-1954 (Fla. 3d DCA, opinion on rehearing filed Sept. 23, 2020) · Florida Third District Court of Appeal
27. 27. Ordinance amending City Code secs. 142-905 and 142-1111 to replace short-term rental fines (Commission agenda attachment, first reading Sept. 29, 2020) · City of Miami Beach City Commission
28. 28. Practice Safe Renting (legal rentals lookup) · City of Miami Beach
29. 29. Business Tax Receipt Application · City of Miami Beach Finance Department
30. 30. Miami Beach Updates Land Development Regulations and Adopts New Resiliency Code (press release, Feb. 2, 2023) · City of Miami Beach
31. 31. CS/SB 280 (2024): Vacation Rentals, bill page and history · The Florida Senate
32. 32. Governor Ron DeSantis Vetoes One Bill (2024-06-27) · Executive Office of the Governor
33. 33. SB 606 (2025): Public Lodging and Public Food Service Establishments, bill page (Chapter 2025-113) · The Florida Senate
34. 34. Occupancy tax collection and remittance by Airbnb in Florida · Airbnb Help Center
35. 35. Miami Beach slashes fines for illegal short-term rentals (Oct. 14, 2020) · The Real Deal