Short-Term and Vacation Rentals in Florida: State Preemption Explained

Florida law limits how far cities and counties can regulate vacation rentals. Local rules still vary widely, mainly because some ordinances predate the state limit.

The state preemption

Under Florida Statute 509.032(7)(b), a local law, ordinance, or regulation may not prohibit vacation rentals or regulate how long or how often a vacation rental is rented. Local governments can still regulate vacation rentals in ways that do not prohibit them. Verified (Florida Attorney General opinion, checked October 10, 2026)

The 2011 grandfather date

The preemption does not apply to a local law, ordinance, or regulation adopted on or before June 1, 2011. A city that had a vacation rental ordinance in place by that date may keep enforcing it, even if it limits rental duration or frequency. Verified (Florida Attorney General opinion, checked October 10, 2026)

No 2025 or 2026 change

Unverified A secondary source reports no vacation rental preemption bill passed in the 2025 or 2026 sessions.

We have not yet confirmed this item against the current statute text. Do not rely on it. Check the current version of FS 509.032 on the Florida Legislature's website.

State license and taxes

Unverified Whole-unit vacation rentals are generally licensed through the Florida Department of Business and Professional Regulation, Division of Hotels and Restaurants, and owe state and local tourist taxes.

We have not yet confirmed this item against an official source. Do not rely on it. Contact DBPR and your county tax collector to confirm license and tax requirements.