Avril 2022
Disclaimer. This page is intended solely to assist you in understanding the regulations you may need to comply with. The information provided here is not exhaustive and may not reflect the most current legal standards. It is your responsibility to ensure compliance with applicable laws. For further guidance, please contact your local tax authorities or consult with a qualified legal or tax professional.
The State and local authorities of Florida regulate the STR market. This page intends to provide an overview of the regulations applicable to hosting activity in Miami Beach. Please visit this official page about STR regulations on the Miami Beach City’s website. You can also contact the Code Compliance division of the City at (305) 673-7555 for more information.
Applicable taxes
misterb&b registered with the relevant tax authorities to certain applicable taxes on your behalf, on every booking not exceeding 6 consecutive months. For more information, check our FAQ about US sales/occupancy tax collection by misterb&b.
You remain responsible for the registration for, collection from your Guests and remittance of any other applicable taxes. It includes, without limitation, the Resort Tax (4%): more information here.
Zoning and use restrictions
The use of your property as a short-term rental may be subject to zoning and use regulations.
- STR use prohibition. According to MBCC Sec. 142-1111(a), the short-term rental use of residential properties in the listed zoning districts is prohibited. It is notably the case for all single-family housing - for which commercial use is prohibited by MBCC Sec. 142-109.
- STR use limitation. According to Sec. 142-1111(d), the short-term rental use of residential properties may be permitted, under certain limitations, in the listed zoning districts. If so, the Host must apply for approval of a certificate of use.
Please review the Short-Term Rental Zoning Map to determine if your property qualifies for STR use.
STR registration
Where such use is allowed, vacation short-term rentals must be registered with the City and the Host must submit an affidavit.
- City-issued Business Tax Receipt. Hosts must obtain a Business Tax Receipt for the purpose of vacation/short-term rental. Application can be completed online here.
- Resort Tax Registration certificate. Hosts must obtain a Resort Tax Registration certificate. More information, including application form, on this dedicated portal.
- Affidavit. Before using his property as STR, you must submit an affidavit to the City stating that you comply with a list of applicable regulations and requirements (including, land development regulations, the written authorization from the condominium association to engage in the transient rental, and others).
You should also consider further registration with the State, where relevant:
- Florida Transient Lodging License. Operating a transient public lodging activity requires applying for a license. For more information visit this page on the Florida Department of Business and Professional Regulation website.
You must add both BTR and Resort Tax registration numbers to your misterb&b listing(s) (go to the “Local Requirements and Taxes” page, via “Edit my listing”). In the absence of valid registration numbers, misterb&b may delete your listing.
Hosting conditions
Your hosting activity should not violate any State or local laws and regulations.
- Minimum life requirements. Your property must be equipped with smoke and carbon detectors, fire extinguishers and, if applicable, swimming pool safety;
- Third party rules. Please make sure any lease agreement, homeowner’s or condominium association or other legal contract does not prevent you from using your property as short-term rental;
- Other applicable laws. Please make sure your property respects any applicable law, including rules and regulations that specify minimum construction, design, maintenance standards, habitability, health, and safety. You may find these rules in Miami Beach Code of Ordinances as well as Florida Codes. Please contact the Code Compliance Department for more information.
Data-sharing and privacy
misterb&b may be required by law to save and share information with the City of Miami Beach.
By using misterb&b, you consent to the collection, retention, use and disclosure of your information to the City (in accordance with all legal obligations and processes).