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short term rental regulations miami beach

To operate a short term rental in Miami Beach, hosts must follow a set of vacation rental rules and regulations. The following is a complete guideline for Miami Beach’s short term rental regulations so that anyone can be a responsible host. The following rundown should give you a good start in understanding your local laws.

Short Term Rental Requirements in Florida 

To operate a short term rental in Miami, prospective hosts must obtain a lodging business license from Florida. The Department of Business and Professional Regulation (DBPR) issues this license. Depending on the size and structure of your property, this license can be held by an owner or by a licensed agent. Prospective hosts must also register with the Florida Department of Revenue to collect, report and pay sales tax and surtax. 

Depending on the building offered as a short term rental, the State of Florida issues two kinds of vacation rental permits. A unit or group of townhouses, single-family homes, duplexes, triplexes, or quadruplexes will need a vacation rental dwelling license. On the other hand, a condominium or cooperative will need a vacation rental condo license.

The DBPR license for short term rentals in Miami-Dade County expires on the 1st of October each year. Its annual fee is $170, the half-year fee is $90, and the $50 application fee. Moreover, short term rental operators with multiple rental units can choose a group license. They can use this online license fee calculator to calculate multiple-unit application fees. 

Short Term Rental Requirements in Miami-Dade County

In addition to regulations by Florida, the county of Miami-Dade has its own set of specific short term rental requirements. Property owners in Miami must follow these requirements.  Firstly, if a home is a part of a condominium or homeowner’s association, it must have a written authorization letter. This letter should be regarding the operation of its short term rental from the relevant association. 

Short term rental operators in Miami-Dade County must obtain a Certificate of Use from Miami-Dade County. They can acquire this certificate by filling out the application form online or in-person at the Miami-Dade County Permitting and Inspection Centre. Furthermore, an attestation of all registration documents with the Florida Department of Revenue will be required. 

The costs for a Miami-Dade County Certificate are $37 for the certificate, $90 for inspection, and $10 as a surcharge. So that makes a total of $140. 

Once property owners pay the registration fee and submit the application, The city will prompt them to schedule an inspection within the next ten business days. 

During this inspection, they will have to provide all licenses, registrations, and other documents that fully comply with Florida and Miami-Dade County short term rental requirements. After the inspection is successful, the applicant will receive a Certificate Number. They will also be able to print out their Certificate of Use. Vacation rental operators should place the Certificate of Use in a prominent location on the property, so it is visible. 

The Miami-Dade Certificate of Use is valid for one year. Applicants can renew it annually if it meets all requirements and does not violate Miami-Dade County regulations.

Short Term Rental Requirements in the City of Miami Beach

Once a property owner has met the requirements put forward by the state of Florida, the city of Miami Beach also has its specific short term rental regulations hosts must adhere. To list a property for short term rental in Miami Beach, hosts must obtain:

  • A Resort Tax Registration Certificate
  • A Business Tax Receipt

Resort Tax Registration Certificate

Prospective applicants and current certificate holders should register at the website. They can do this by filling out the registration form to apply for resort tax registration.

Business Tax Receipt

To apply for a short term rental business tax receipt, prospective hosts must follow the steps below:

  1. Verify if your property is eligible for short term rental by checking with the Miami Beach Zoning Department.
  2. Verify if you should first acquire a change of use building permit by checking with the Miami Beach Building department.
  3. Confirm that your property has its own active and current business license.
  4. Ensure your property doesn’t have any violations from the Fire Prevention Division, Building Department, or Code Compliance Department. If it does, the city will put on your application for a Business Tax Receipt hold.

The charges for a resort tax registration and business tax receipt amount to:

  •       License fee – $69.00
  •       Fire fee – $57.50
  •       Application fee – $45.00
  •       Resort Tax Application fee – $25.00
  •       Total amount – $196.50

Hosts can apply online for the Business Tax Receipt by following the steps on the City’s website. On the other hand, Hosts can fill the application in person at the Finance Department of Miami Beach. This department is located on the first floor of 1755 Meridian Ave. After the City reviews and approves your profile, it schedules a fire inspection of your property. Once the fire inspectors qualify your property, your application goes through a final check with the Finance Department of Miami Beach.

The penalty issued by the City for operating a short term rental without a Business Tax Receipt is $20,000. This acceptable amount is specifically for the first offense. With each following offense, the fine will keep increasing by $20.000.

Short Term Rental Zoning in the City of Miami Beach

In addition to the resort tax registration certificate and business tax receipt, Miami Beach has its strict zoning requirements. These zoning requirements limit and prohibit short term rentals from operating in certain areas. Short term rentals of residential properties in the districts zoned RM-1, RM-PRD, RM-PRD-2, RPS-1, RPS-2, CD-1, RO, R0–3, or TH are not permitted. But an exception is if they are under specific exemptions by Miami Beach. The City does not permit short term rentals in these zones since most of these zones are in Miami Beach’s single-family residential districts.

Miami Beach’s Planning Department has created an official zoning map. This map provides a clear illustration of Miami Beach’s various transect zones. Moreover, it makes it easier to identify the commercial, multifamily residential, and single-family residential districts.

Short term rentals in North Beach

Short term rentals are highly restricted in North Beach but might be operated if they meet various specific requirements. Any reservations in this area are allowed for the entire home for a minimum of seven nights. They are also liable to resort taxes. In addition to these specifications, the application for a Certificate of Use for operating short term rentals in North Beach costs a fee of $1000.

Other Short Term Rental Regulations:

As a responsible host, you must abide by other contracts or vacation rental rules and regulations that bind you. These include leases, community rules, HOA rules, or other guidelines set up by tenant associations. Feel free to reach out to your landlord, housing authority, or community council to find out more. To get more information about other regulations, you can also visit Miami Beach’s official website or contact us.

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