History of Florida's STR preemption law
Before 2011, Florida cities and counties had broad authority to regulate or ban short-term rentals. As STRs grew in popularity (and controversy), many municipalities enacted outright bans — particularly in beach communities.
In 2011, Florida enacted SB 280, codified as F.S. §509.032(7)(b), which stated that local governments could not enact ordinances that prohibited vacation rentals or regulated them in ways that differed from state law. This was widely seen as a pro-STR preemption of local control.
However, SB 280 was partially rolled back in 2014: local governments that had vacation rental ordinances before June 1, 2011 were allowed to keep them. Communities that adopted bans after that date were required to comply with the state preemption. This created a two-tier system: some beach towns (e.g., Holmes Beach, Key West) retained pre-2011 bans; others (e.g., most of Miami Beach) could not enact new bans after 2011.
HB 1537 (2023) — the current framework
Florida HB 1537, effective July 1, 2023, significantly updated the STR preemption landscape:
- Preserved grandfathered pre-2011 bans — Municipalities with pre-December 1, 2011 STR ordinances may continue to enforce them. Communities that adopted bans between June 1, 2011 and December 1, 2011 are also grandfathered.
- Prohibited new bans — No local government may enact a new ordinance that prohibits vacation rentals after December 1, 2011.
- Allowed operational regulations — Local governments may regulate the operation of vacation rentals through rules covering: noise and nuisance, occupancy limits, parking, trash collection, pool safety, and registration/inspection programs — as long as these regulations do not effectively amount to a ban.
- Platform licensing — HB 1537 added the requirement that STR platforms verify DBPR vacation rental license numbers and deactivate unlicensed listings.
What local governments can still regulate
Despite the state preemption of outright bans, Florida's local governments retain significant regulatory authority over how STRs operate. Common local STR regulations include:
| Regulation type | Examples | Status |
|---|---|---|
| Noise ordinances | Quiet hours 10 pm–8 am; decibel limits | Generally permitted |
| Occupancy limits | Max guests per bedroom; per-property cap | Generally permitted |
| Parking requirements | Off-street parking per unit required | Generally permitted |
| Local registration | City/county STR registry, annual fee | Generally permitted |
| Local inspection programs | Life safety inspections, pool fencing | Generally permitted |
| De facto bans (e.g., owner must be present) | Requiring owner to live on-site while renting | Legally contested |
| Minimum stay requirements (7+ days) | Requires stays of 7+ days or 30+ days | Legally contested |
The HOA exception — preemption does not apply
The most important caveat to Florida's STR preemption is that it applies only to government ordinances and regulations — not to private contractual restrictions. Homeowners Associations (HOAs) and condominium associations may still prohibit, restrict, or limit short-term rentals through their governing documents (declaration of covenants, conditions, and restrictions — CC&Rs).
This is critical for Canadian buyers: a property may be in a city that permits STRs under state preemption, but the HOA's CC&Rs may still ban rentals of less than 30 or 90 days. HOA restrictions are enforceable against all owners, including purchasers who bought the property after the restriction was enacted, if it is properly recorded in the public records.
Before purchasing a Florida property for STR purposes, always:
- Review the HOA or condo association's CC&Rs for rental restrictions
- Request any amendments adopted in the past 5 years
- Confirm with the association manager whether current owners are renting short-term
City-by-city STR status — key Florida markets
| Market | STR status | Key restriction |
|---|---|---|
| Miami Beach | Highly restricted by zoning | Only in designated STR overlay zones; most residential zones banned |
| Miami (city) | Permitted with license | DBPR license + local registration required |
| Fort Lauderdale | Permitted with restrictions | Local registration, inspections, occupancy limits |
| Orlando | Permitted (most areas) | Orange County has extensive STR regulatory framework |
| Key West | Grandfathered pre-2011 ban in most areas | Very limited STR inventory; licenses rarely available |
| Naples | Permitted with license | Collier County local regulations apply |
| Sarasota | Permitted with license | City of Sarasota has local registration program |
| Holmes Beach (Anna Maria Island) | Grandfathered pre-2011 restrictions | Minimum 7-night stays required; limited density |
Always verify current status directly with the city or county planning/zoning department before purchasing a property for STR purposes. Regulations change, and this table reflects general status as of April 2026.
Every figure, rate, threshold, and deadline in this guide is drawn from a verifiable primary source listed at the bottom of the page. The article is updated whenever the underlying rules change, with a fresh review date stamped at the top.
Sources and references
Public sources verified as of the last review date.
- F.S. §509.032(7) — State preemption of local vacation rental ordinances
- Florida HB 1537 (2023) — Vacation Rental amendments
- Florida SB 280 (2011) — Original STR preemption legislation
- DBPR — Vacation Rental Licensing