Florida Short-Term Rental Laws: What Every Property Owner Must Know

Thinking about putting your Florida property on Airbnb or VRBO? Before you list a single night, you need to know one thing: in the City of Orlando, renting out a whole house short-term is illegal unless you live there. That single rule kills more would-be short-term rental plans than taxes, registration, and HOA covenants combined.

Short-term rentals in Florida run on a split system — a state law that protects them from outright bans, and a patchwork of city and county rules that decide whether you can actually operate. Here's what every property owner has to know before listing.

Is Airbnb legal in Florida?

Yes — short-term rentals are legal across Florida, and state law actually protects them. Florida Statute 509.032(7)(b) bars any city or county from outright prohibiting vacation rentals or regulating how often or how long you can rent. But that protection has a hard limit: local governments keep full control over zoning, permits, occupancy, parking, and noise — and that's where most owners get tripped up.

So the honest answer is: Airbnb is legal in Florida, but whether your property can legally operate as a short-term rental depends entirely on its address. A condo in Kissimmee's tourist corridor and a single-family home in a City of Orlando neighborhood live under completely different rules.

"Short-term rental" in Florida has a specific legal meaning. Under Florida Statute 509.013, a vacation rental is a unit in a condo, cooperative, or one-to-four-family dwelling rented to guests more than three times a year for periods of less than 30 days. Rent for 30 days or more and it's a regular tenancy under Chapter 83, not an STR.

What is the Florida state framework for short-term rentals?

The Florida framework rests on one statute: 509.032(7)(b). It preempts local bans on vacation rentals and any local rule that regulates rental duration or frequency. Cities and counties can require registration and permits — but the permit scheme has to apply broadly, not single out STRs in a way that functions as a ban.

One important exception: any local ordinance adopted before June 1, 2011 is grandfathered and stays fully enforceable. That's why a handful of Florida cities have far stricter STR rules than their neighbors — they regulated early and kept that authority.

You may have heard about a sweeping statewide overhaul. That was Senate Bill 280, which would have centralized vacation rental regulation under the state. Governor DeSantis vetoed SB 280 in June 2024, so nothing changed — the pre-existing 509.032 framework still governs, and local control stays intact.

Can I run a short-term rental in Orlando or Orange County?

This is where most plans fall apart. The City of Orlando only allows owner-occupied home sharing — you must live in the home at least 51% of the year and you can rent out rooms, not the entire house, while you're away or present. Renting out a whole home you don't live in, short-term, is not permitted anywhere inside Orlando city limits.

Unincorporated Orange County is similar but separate: short-term rentals in single-family residential districts are allowed only if the property is owner-occupied and rented no more than half the year. Different jurisdiction, different permit, same owner-occupancy reality.

The enforcement is real, not theoretical. The City of Orlando has fielded hundreds of complaints since its 2021 ordinance, and registered home shares number in the low hundreds against thousands of active online listings — meaning most listings you see are operating outside the rules and exposed to fines. If you own a house in Orlando and you don't live there, a whole-home Airbnb is off the table. A long-term rental is your path, and our Orlando property management guide covers what that looks like.

The picture changes outside Orlando and Orange County. Osceola County — Kissimmee, Davenport, the Disney corridor — has long-established vacation rental zoning where whole-home STRs are a normal, permitted use. If short-term income is the goal, the property's location decides everything.

Do I need a license to run a short-term rental in Florida?

Yes. Any property that meets the vacation rental definition must be licensed by the Florida Department of Business and Professional Regulation (DBPR) under Florida Statute 509.241 before guests check in. There are two license types: a vacation rental condo license for units in a condominium or cooperative, and a vacation rental dwelling license for single-family homes and buildings of up to four units.

You apply online through the DBPR vacation rentals portal. There's a one-time application processing fee plus an annual license fee that scales with how many units you operate — most single-property owners pay a few hundred dollars a year. Properties three stories or taller need a balcony inspection certificate, and certain guest-facing roles require human trafficking awareness training.

The DBPR license is the state layer. On top of it, most counties and many cities require their own STR permit or registration — Orlando's home-sharing registration, Osceola's vacation rental license, and so on. You need both. A state license does not override a local ban, and a local permit does not replace the state license.

What taxes do I pay on a Florida short-term rental?

Short-term stays in Florida carry two transaction taxes plus regular income tax. First, Florida sales tax of 6%, plus any county discretionary sales surtax, applies to rentals of six months or less. Second, the county tourist development tax — often 5% to 6%, sometimes called the "bed tax" — applies on top. In Orange County the combined tax on a short stay runs into the low double digits.

Register with the Florida Department of Revenue for sales tax and with your county tax collector for the tourist development tax before you collect a single payment. Platforms like Airbnb and VRBO collect and remit some of these taxes in some Florida counties — but not all of them, and not in every situation. Confirm in writing exactly what your platform handles. Whatever they don't collect, you owe.

And the income itself is taxable. Florida has no state income tax, but STR income still goes on your federal return — usually Schedule E, sometimes Schedule C if you provide hotel-like services. Keep records of every rental night and every tax filing. Our Florida rental property tax guide covers how rental income is taxed.

Can my HOA or condo ban short-term rentals?

Yes — and this catches owners who assumed state preemption protected them. Florida Statute 509.032 stops governments from banning vacation rentals. It does nothing to a private HOA or condo association. If your recorded declaration restricts or prohibits rentals under a certain term, that restriction is enforceable, and many Orlando and Tampa condo associations ban stays under 30 days, 90 days, or even six months.

Read your governing documents before you buy and before you list. An association can fine you, place a lien, and force you to stop. Our guide to HOA rental restrictions in Florida walks through what to look for in the covenants.

What are the most common short-term rental mistakes Florida owners make?

Three mistakes account for most of the enforcement actions and surprise bills:

• Listing first, checking later. Owners put a home on Airbnb without confirming the city even allows whole-home STRs. In Orlando, that's an immediate code violation.
• Assuming the platform handles all the tax. Airbnb may collect some taxes in your county and none in another. The unremitted balance — plus penalties and interest — lands on you.
• Skipping the right insurance. A standard landlord policy usually excludes short-term rental use. STR coverage costs more, but a claim denied for an excluded use costs far more.

The cleanest way to avoid all three: do the compliance work — zoning, HOA, DBPR license, local permit, tax registration — before you list, not after the first guest books.

Should I do short-term or long-term with my Florida property?

If you didn't set out to be a landlord — you inherited the house, got relocated, or couldn't sell — short-term rental probably isn't the easy answer it sounds like. STRs are a hands-on hospitality business: turnovers, guest messaging, dynamic pricing, cleaning crews, and the compliance stack above. A long-term lease is far closer to passive, and in a City of Orlando neighborhood it's often your only legal option anyway.

You don't have to figure this out alone, and you don't need a portfolio to get help — we manage single properties too. If you want a clear-eyed comparison of what your specific Orlando or Tampa property could earn long-term versus short-term, request a free rental analysis. We'll walk through the real numbers and the rules that apply to your address — no obligation.

Frequently asked questions

Did Florida pass a new short-term rental law in 2024?

No. Senate Bill 280 would have centralized vacation rental regulation under the state, but Governor DeSantis vetoed it in June 2024. The pre-existing framework under Florida Statute 509.032 still governs, and local governments retain control over permits, zoning, and occupancy rules.

What happens if I run a short-term rental in Florida without a license?

Operating an unlicensed public lodging establishment violates Chapter 509 of the Florida Statutes and exposes you to DBPR administrative action. On top of state penalties, local code enforcement can fine short-term rental violations up to $500 per day per violation in some jurisdictions. Get the DBPR license and the local permit before the first booking.