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State Regulation

Florida is an extremely popular vacation destination, and the short-term rental industry has thrived there. Short-term rental rules in Florida are well established at the state level for both taxes and operations. Vacation rental hosts may also need to follow laws specific to their local governments, although state law limits how far local governments can go in regulating short-term rentals.

Is there a statewide definition of STR?

In Florida, the statewide definition of a short-term rental (STR) is provided by the Department of Business and Professional Regulation (DBPR). According to the DBPR, a short-term rental is defined as any unit or group of units in a condominium or cooperative, or any individually or collectively owned single-family, two-family, or four-family house or dwelling unit that is also a transient public lodging establishment but is not a timeshare project. Moreover, a short-term rental is characterized as any residential rental or lease with a term of less than ninety (90) days. If accommodations are charged for rental periods of six months or less, the provider is considered a transient rental accommodations provider and is legally required to register with the Florida Department of Revenue for a sales tax certificate.

Additionally, Florida requires all vacation rentals to be licensed through the Department of Business and Professional Regulation (DBPR). This licensing requirement, however, does not apply to hosted rentals, where the host remains on-site during the guests’ stay. In such cases, where hosts rent out rooms rather than an entire unit, state licensing is not needed. Local authorities may have their own business registration requirements that need to be adhered to.

statewide registration requirement
Statewide Registration Requirement

In Florida, to legally operate a short-term rental:

  1. A state license is required for rentals shorter than 30 days.
  2. A DBPR license is needed for properties rented more than three times a year for short periods or advertised as such.
  3. The application process involves providing property details, addressing human trafficking training for employees, and potentially needing a balcony inspection certificate.
  4. Fees vary based on location and number of units.
  5. Local regulations may differ, and ensuring safety and obtaining insurance are recommended.
What is the length of stay of STR in the state?

In Florida, there is no specific state-imposed restriction on the length of stay for short-term rentals (STRs). The statewide definition of a short-term rental includes any residential rental or lease with a term of less than ninety (90) days. However, this definition does not establish a minimum duration for a stay to be considered short-term.

It's important to note that while the state sets this broad framework, local jurisdictions within Florida have the authority to implement their own rules regarding short-term rentals, including potential restrictions on the length of stay. These local rules can vary significantly from one area to another, reflecting the diverse approaches taken by different counties and cities within the state.

Statewide Tax Requirement

The statewide tax requirement for short-term rentals in Florida encompasses the state sales tax of 6%, discretionary sales surtax, and additional local lodging taxes, including transient rental taxes. Hosts of short-term rentals should be aware of these tax obligations and comply with both state and county tax regulations. The specific tax rates and requirements can vary depending on the location of the rental property within Florida.

Access the latest compliance requirement for your local jurisdictions below

Disclaimer

Lodge compliance is not a licensed tax or financial advisor. Therefore nothing in the above article should be construed as tax, legal, or financial advice. Contact your local tax office for information regarding your personal circumstance.

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