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STR Laws by City · Updated July 23, 2026

Miami Beach Short-Term Rental Rules: Legal Zones, Taxes & Fines (2026)

RestrictedLast verified 2026-07-22

Banned in single-family and many multifamily districts (6-month minimum stay); legal only in certain commercial districts and three historic overlays.

Short answer: in most of Miami Beach you cannot legally run an Airbnb or Vrbo. The city bans rentals of less than six months and one day across every single-family district and a long list of multifamily zones, and it enforces that ban aggressively. Legal short-term rentals exist only in specific higher-density commercial districts and three named historic overlays — and only after you obtain a Certificate of Use, a Business Tax Receipt, and a Resort Tax account. This page maps exactly where short-term renting is allowed, what it costs, the roughly 14% tax stack, and why Miami Beach’s famous $20,000 fine no longer exists.

Key fact Miami Beach, FL
License required Yes — Certificate of Use + Business Tax Receipt + Resort Tax registration
Where allowed Only in specified commercial / higher-density districts and three historic overlays; banned in all single-family and RM-1, RM-PRD, RM-PRD-2, RPS-1, RPS-2, CD-1, RO, RO-3, and TH districts
Minimum stay 6 months + 1 day in prohibited districts; 7-night minimum in the overlays
Primary residence required No (an owner-occupancy rule applies only to accessory dwelling units)
Certificate of Use fee $600 (Flamingo Park / Espanola Way / Collins Waterfront overlays); $1,000 (North Beach overlay)
Lodging tax ~14% combined (6% FL sales + 1% county surtax + 3% county Convention Development Tax + 4% city Resort Tax)
Fines Up to $1,000/day (first), $5,000/day (repeat), $15,000 if irreparable — per Fla. Stat. Ch. 162. The old $20,000–$100,000 schedule was struck down and repealed in 2020.
Last verified 2026-07-22

This is information, not legal advice, and rules change. Confirm the current rules with the City of Miami Beach before you rent or buy.

It depends entirely on where the property sits. Miami Beach City Code treats any rental of less than six months and one day as a short-term (transient) rental, and it prohibits that use in most residential zones. If your home is in a single-family district or in one of the enumerated multifamily districts, short-term renting is illegal — advertising it for a short stay is itself a violation. If it sits in an eligible commercial or higher-density district, or in one of the three historic overlays the city carved out, you can rent it short-term after you register and pass fire and building compliance.

This is unusual. Under Florida’s state preemption law, most cities cannot ban short-term rentals or dictate how long or how often you rent. Miami Beach can, because its rules predate the cutoff in that law — see the preemption section below. That grandfathered authority is why Miami Beach is one of the most restrictive short-term-rental markets in Florida.

Do you need a permit?

Yes — legal operation requires three separate city approvals, plus state registration:

  • Certificate of Use (CU) authorizing short-term rental — issued only for eligible zones and overlays, and only after the unit meets the Florida Building Code and Fire Prevention Code (City Code § 142-1111(c)(1)).
  • Business Tax Receipt (BTR) under the residential or non-residential short-term-rental occupational code.
  • Resort Tax registration with the city’s Finance Department (a notarized affidavit listing the owner, the address and unit, and the BTR number).
  • Florida DBPR vacation-rental license under Fla. Stat. Ch. 509, plus a state sales-tax account.

Every listing must display the BTR number and Resort Tax certificate number in the advertisement (City Code § 102-386). Condos also need an association letter, dated within 60 days, confirming that short-term rentals are permitted in the building.

Source: City of Miami Beach, Short-Term Rental Requirements (verified 2026-07-22).

Where short-term rentals are allowed — and banned

This is the question that decides everything in Miami Beach. Two code sections govern it: § 142-905(b)(5) (single-family districts) and § 142-1111 (apartments and townhomes).

Banned (short-term rental prohibited):

  • All single-family districts. A single-family home may be leased only for six months and one day or longer; advertising for less is a violation (§ 142-905(b)(5)).
  • These multifamily districts under § 142-1111(a): RM-1, RM-PRD, RM-PRD-2, RPS-1, RPS-2, CD-1, RO, RO-3, and TH.

Allowed (short-term rental permitted, with a CU):

  • Higher-density commercial and mixed-use districts that are not on the prohibited list — for example CD-2, CD-3, the CPS commercial districts, MXE, RM-2, and RM-3. The city maintains a list of approved buildings, so confirm your specific address against it.
  • Three historic overlays carved back in by § 142-1111(b)–(d): the Flamingo Park and Espanola Way historic districts (certain RM-1 and TH properties with a documented rental history); the Collins Waterfront local historic district (contributing buildings south of West 24th Terrace, fully restored, with a 7-night minimum and 24/7 on-site management); and part of North Beach (contributing buildings in the North Shore National Register district, along Harding Avenue up to 73rd Street, with a 7-night minimum).

Even in an allowed area, the rules are strict: entire units only (no renting individual rooms), no rental more often than once every seven days, no exterior short-term-rental signage, and no zoning variances are permitted (§ 142-1111(c)).

Source: City of Miami Beach Code §§ 142-905 and 142-1111 (verified 2026-07-22).

Minimum rental duration

In every prohibited district the minimum lease is six months and one day — that is the line between a legal long-term lease and an illegal short-term rental. In the permitted overlays the minimum is a 7-night reservation, and a unit cannot be rented more than once every seven days. There is no separate “hosted vs. whole-home” distinction that unlocks shorter stays: if the property is in a banned zone, the six-month floor applies whether you are present or not.

Permit fees

The city sets the short-term-rental Certificate of Use application fee by overlay: $600 for the Flamingo Park, Espanola Way, and Collins Waterfront overlays, and $1,000 for the North Beach overlay (City Code § 142-1111). Business Tax Receipt and annual fire-inspection fees are set administratively and are not published as a flat figure — the city directs applicants to its Finance Department for the current amounts. We do not list a BTR dollar figure here because the city does not publish one; confirm it with Finance when you apply.

Lodging taxes: the ~14% stack

A Miami Beach transient rental carries a layered tax bill, and Miami Beach is a special case because it levies its own municipal Resort Tax:

Tax Rate Collected by
Florida state sales tax on transient rentals (Fla. Stat. § 212.03) 6% FL Dept. of Revenue
Miami-Dade discretionary sales surtax 1% FL Dept. of Revenue
Miami-Dade Convention Development Tax 3% Miami-Dade County
Miami Beach municipal Resort Tax 4% City of Miami Beach
Approximate total ~14%

The important nuance most guides miss: because Miami Beach imposes its own 4% Resort Tax, properties there are exempt from the county’s 2% Tourist Development Tax and 1% Professional Sports Facilities tax. The county’s 3% Convention Development Tax still applies. So the correct county piece in Miami Beach is 3% (CDT), not the 6% “bed tax” figure commonly quoted for the rest of Florida. Booking platforms typically collect the 6% state tax and 1% surtax; the operator must register for and remit the 4% city Resort Tax directly, and confirm CDT handling with the county.

Source: City of Miami Beach Resort Tax page and Miami-Dade County Tourist & Convention Development Tax (verified 2026-07-22).

Fines and enforcement: the $20,000 fine is gone

Miami Beach built its reputation on brutal short-term-rental fines — a schedule that started at $20,000 for a first violation and escalated to $100,000. Many blogs, and even some outdated summaries, still cite those numbers. They are no longer enforceable.

In City of Miami Beach v. Nichols, Florida’s Third District Court of Appeal (July 22, 2020) held that the city was preempted by Fla. Stat. § 162.09, which caps municipal code-enforcement fines. Miami Beach could not set its own dollar amounts above the state ceilings. The city responded by repealing the $20,000–$100,000 schedule by ordinance on October 14, 2020, replacing the fixed figures with “fines as provided in Chapter 162, Florida Statutes.” Critically, the court’s ruling and the repeal touched only the fines — the underlying short-term-rental restrictions survived intact.

So the current enforceable maximums are the Chapter 162 caps:

  • Up to $1,000 per day for a first violation;
  • Up to $5,000 per day for a repeat violation;
  • Up to $15,000 if the special magistrate finds the violation irreparable or irreversible.

Those are still steep — a per-day fine adds up fast — and enforcement is real. Violations are adjudicated by a special magistrate; orders become liens against the property that can be foreclosed. Advertising a non-compliant listing is treated as direct evidence of a violation, so a single Airbnb listing can trigger a case. The city can also seek a court injunction. Do not rely on the old $20,000 figure either as a threat or as reassurance — the operative rule is the Chapter 162 caps applied per day.

Source: City of Miami Beach 2020 amending ordinance and Fla. Stat. § 162.09 (verified 2026-07-22).

Florida state preemption: why Miami Beach can ban

Florida generally forbids cities from banning short-term rentals. Under Fla. Stat. § 509.032(7)(b), a local government “may not prohibit vacation rentals or regulate the duration or frequency of rental of vacation rentals” — except for any ordinance “adopted on or before June 1, 2011.” Miami Beach’s six-month restrictions were on the books well before that date, so they are grandfathered and enforceable. That is the whole reason Miami Beach can ban short-term rentals in areas where a newer city could not. For the statewide picture — the June 1, 2011 line, the 2024 SB 280 veto, and the state DBPR license — see our Florida short-term rental laws overview.

Keep the two preemptions separate. Section 509.032 is about the substance of vacation-rental rules, and the grandfather clause is what saves Miami Beach’s bans. Chapter 162 is a different doctrine — it caps code-enforcement fines, and it is what forced the city to drop the $20,000 schedule. The grandfather clause protected the rules; it did not protect the fines.

Primary sources

Compare short-term rental rules in other cities

Frequently asked questions

Can I run an Airbnb in a Miami Beach single-family home?

No. Single-family districts require a minimum lease of six months and one day (City Code § 142-905(b)(5)). Advertising the home for a shorter stay is itself a violation, even if no one books.

In eligible higher-density commercial and mixed-use districts (for example CD-2, CD-3, CPS, MXE, RM-2, RM-3) and in three historic overlays — Flamingo Park / Espanola Way, Collins Waterfront, and part of North Beach — each with a 7-night minimum in the overlays. You still need a Certificate of Use, a Business Tax Receipt, and a Resort Tax account. Check your exact address against the city’s approved-building list.

Is the $20,000 Miami Beach short-term rental fine still real?

No. The $20,000-to-$100,000 schedule was struck down in City of Miami Beach v. Nichols (2020) and repealed by the city that October. Current fines follow Fla. Stat. Ch. 162: up to $1,000/day for a first violation, $5,000/day for repeats, and $15,000 for an irreparable violation.

What tax do guests pay on a Miami Beach rental?

Roughly 14% total: 6% Florida sales tax, 1% Miami-Dade surtax, 3% county Convention Development Tax, and the 4% city Resort Tax. Because Miami Beach levies its own Resort Tax, it is exempt from the county’s 2% Tourist Development Tax.

Last verified: 2026-07-22. Laws change — confirm the current rules directly with the City of Miami Beach before operating.