Vacation Rental License

Ready to get a Florida Keys Vacation rental license?  Here is everything you need to know!

The Florida Department of Business and Professional Regulations (DBPR), Division of Hotels and Restaurants governs Public Lodging and defines Short-term Vacation Rentals under Chapter 509. Public Lodging is defined by Chapter 509 as any unit, group of units, dwelling, building or group of buildings within a single complex of buildings that is (a) rented to guests more than three times in a calendar year for periods of less than 30 days or one calendar month, whichever is shorter, or (b) advertised or held out to the public as a place regularly rented to guests.

Chapter 509 identifies specific requirements that must be met in order to obtain licensing and registration of a Vacation Rental property in un-incorporated Monroe County as well as in the incorporated Cities.

Licensing and Registration:

Every Vacation Rental Property meeting the above definition, be it a Condominium or one and two family dwelling, must be licensed with the Florida DBPR Division of Hotels and Restaurants.

In addition, properties in un-incorporated Monroe County and in the incorporated Cities must obtain a State of Florida Sales Tax License for purposes of remitting the sales and bed tax which is currently 12.5% (7.5% sales tax and 5% bed tax) as well as an occupational license. Sales and Bed Tax must be collected and remitted for any residential rental of less than 6 months and one day. It is the owner’s obligation to collect and remit the tax payment.

Securing these licenses will generally subject the property to the assessment of tangible taxes and the property will generally not qualify for Homestead Exception or Save Our Homes Tax treatment.

Chapter 509 prescribes specific health and safety requirements required as well. Each unit must have specific items for public safety as noted in paragraph below.

Safety Regulation and Requirements

1. Property Floor Plan posted within 3 feet of the Front Door.

2. Smoke Alarms must be hardwired, daisy chained and equipped with a battery backup.

3. Fire Extinguishers on each floor if a multi-story unit.

4. Outside Hose Bibs with an anti-siphon valve attached to the faucet connection for the hose.

5. Balconies 17’ or higher above ground require inspection every 3 years.

6. Emergency Lighting hard wired with a battery backup and if multi-story required on each level and positioned to illuminate the stairwell for exiting.

3. The Various Jurisdictions in the Keys Have Their Own Permitting and Licensing Rules

Unincorporated Monroe County:

No residential dwelling units in un-incorporated Monroe County may be rented for any period less than 28 days without a permit or approval from the County. There are some condominium complexes in un-incorporated Monroe which were approved and developed as vacation rentals and by virtue of the development agreement are legal vacation rentals. The condominium documents will verify that use. Most residential land use or zoning classifications do not provide for vacation renters as defined by the County which are rentals of less than 28 days. Single family homes in improved subdivision districts do not qualify.

Properties that do not qualify for a vacation rental permit are relegated to 12 non-overlapping 28-day rental periods per year. It is unlawful to offer properties for rent for less than 28 days without a vacation rental permit.

Properties meeting the 509 definition of a short term (vacation rental) above must meet 509 standards whether they have a vacation rental permit or not and must obtain an occupational license and sales tax license

Click for more information on the vacation rentals in Monroe County., or call the Monroe County Planning Department at 305-289-2500.

City of Key West:

The City of Key West prohibits rentals of less than 30 days without a Transient License. Properties in the City meeting the definition of a short term rental as defined by Chapter 509 must meet 509 standards, obtain an Occupational License for the City and a Sales Tax License. If an owner desires to rent a property for less than 30 days, the zoning must conform to the application for a Transient License.

For more information, please review the City of Key West Website or call the City Licensing Office: 305-809-3955.

Village of the Islands -Islamorada

Just like all the other jurisdictions in the Keys, properties that meet the 509 definition of a short term or vacation rental must meet 509 standards, obtain an Occupational License and a Sales Tax License. The Village restricts vacation rental of less than 28 days for residential properties within the Village. Properties rented for less than 28 days must be registered and licensed with the Village.

The Village has a cap on the number of vacation rentals permitted.

For more information, call the Village Planning Department 305-664-6498.

Village of Islamorada 

The City of Layton

Does not allow rentals of less than 90 days in any residential zoning district. Call 305-664-4667 for more information

City of Key Colony Beach:

The City of Key Colony Beach inspects and licenses all vacation rentals annually. All vacation rentals must meet 509 safety standards and pay an annual Business Tax /Licensing Fee depending upon the property type (Single Family, Duplex or Condo & Co-Op) based on the sq./ft. of the vacation rental unit.

Licenses are available in all zoning districts and there are no current caps on the number of licenses issued.

A Vacation Rental unit is defined as a single-family or multifamily residential dwelling unit operating as a rental where the premises are rented for a duration of less than one hundred eighty-one (181) days.

For more information, please contact the City of Key Colony Beach at 305-289-1212 X2

City of Marathon:

The City of Marathon inspects and licenses and vacation rentals annually. Vacation rentals are permitted in virtually all zoning districts and there are no caps on the number of licenses issued.

Call 305-743-0033.