Florida's 2011 Vacation Rental Preemption, Explained

Florida law stops cities and counties from banning vacation rentals or limiting how long or how often a home is rented, unless the local rule was adopted on or before June 1, 2011. Everything else, such as registration, inspections, occupancy caps, parking and a 24/7 contact, is left open, and many local governments now regulate those things. The official statute text shows no change to this rule after the 2014 rewrite.

What does §509.032(7)(b) actually say?

The current text of §509.032(7)(b), Florida Statutes is two sentences. A local law, ordinance or regulation “may not prohibit vacation rentals or regulate the duration or frequency of rental of vacation rentals.” And the paragraph “does not apply to any local law, ordinance, or regulation adopted on or before June 1, 2011.”

Paragraph (7)(a) of the same section preempts the regulation of public lodging establishments to the state, including sanitation standards and inspections. It expressly leaves local governments their authority to inspect for compliance with the Florida Building Code and the Florida Fire Prevention Code.

A “vacation rental” for this purpose is the category defined in §509.242(1)(c): a condo or cooperative unit, or a one- to four-family house or dwelling unit, that is a transient public lodging establishment. Our vacation rental license guide covers that test.

Where did the 2011 date come from?

The rule began with Chapter 2011-119, Laws of Florida, approved June 2, 2011. That act barred local rules that restricted, prohibited or regulated vacation rentals based solely on their classification, use or occupancy, and exempted rules adopted on or before June 1, 2011.

Chapter 2014-71, effective July 1, 2014, rewrote paragraph (7)(b) into its current wording. Compared with 2011, the text no longer bars local rules that restrict the use of vacation rentals or regulate them based on classification, use or occupancy. It bars rules that prohibit vacation rentals or regulate how long or how often they are rented. The June 1, 2011 grandfather date stayed.

Has the law changed between 2023 and 2026?

Not according to the official text. The 2026 Florida Statutes version of §509.032 carries a history note whose last entry is s. 2, ch. 2016-86. That 2016 act, Chapter 2016-86, concerned food service at temporary events, not vacation rentals.

So as published on the Legislature’s site today, subsection (7)(b) reads as it did after the 2014 rewrite. Before relying on that, check the statute page again, since a new session can change it.

What can a city or county still regulate?

The statute lists what is barred, not what is allowed. In practice, Florida local governments have adopted many rules since 2011 that regulate vacation rentals without banning them or capping stays. Examples from our own sourced city pages:

• Fort Lauderdale requires registration, an annual certificate of compliance, an inspection, a two-per-sleeping-room overnight limit, a noise-detection device and a responsible party who can be on site within an hour.
• Cocoa Beach rewrote its rules in 2025 with annual registration, inspections, an occupancy cap and a vehicle limit.
• Walton County requires an annual Short-Term Vacation Rental Certificate, one guest per 150 square feet and a responsible party who can reach the home within an hour.
• Destin and Fort Walton Beach require annual registration, posted contact details and occupancy limits.

Paragraph (7)(a) also lets local fire and building officials inspect. Several cities on our pages, such as Panama City Beach and St. Augustine, require an annual fire inspection for each rental.

Which local rules are grandfathered?

A rule adopted on or before June 1, 2011 can still ban short stays in some areas or set a minimum stay. Examples we have sourced to each city’s own code:

• Key West requires a city transient business tax receipt for rentals under 30 days, under ordinances adopted February 20, 2002.
• Clearwater excludes rentals under 31 days from residential use in its residential zones, under a 2003 ordinance.
• Madeira Beach prohibits short-term rentals in its R-1 and R-2 districts under a 2006 ordinance.
• Key Biscayne sets a 15-day minimum under Ordinance 2011-5, adopted May 24, 2011.
• Venice keeps its resort dwelling section in its pre-2011 form and allows no new resort dwellings in the RE and RSF districts.
• Daytona Beach states that it regulated rentals of less than six months before the 2011 limits.
• Okaloosa Island is governed by covenants that Okaloosa County says predate the 2011 preemption.

A grandfathered rule can be amended. Delray Beach, for example, first adopted its single-family turnover rule in 2009 and amended it in April 2026. Whether an amendment keeps grandfathered status is a legal question for the city and your attorney.

What about the area of critical state concern exception?

Paragraph (7)(c) exempts a local rule that relates only to property valuation as a criterion for vacation rental, where the rule must be approved by the state land planning agency under an area of critical state concern designation. On our Islamorada page, new vacation rental units must pass an assessed value test under the Village code.

Does the preemption cover condos and HOAs?

No. Paragraph (7)(b) speaks only to local laws, ordinances and regulations. Condominium declarations and HOA covenants are private documents governed by Chapter 718 and Chapter 720. See our guides to condo rental restrictions and HOA rental restrictions.

How to check a specific property

Start with the city or county code, since zoning district often decides whether short stays are allowed at all. Our city-by-city rules guide lists the local rule and the primary source for each market we serve. Then read the condo or HOA documents, and confirm the DBPR license and tax accounts.

How Florida Hosts helps

Before we take on a home, we check the local rule for that address and handle licensing and registration: the DBPR license, local registration and tax accounts. Our own cleaning and maintenance staff across Florida run turnovers, and guests get 24/7 communication. Short-term management is 18–25% of booking revenue, quoted in writing. Ask for a free rental projection within one business day, or read about our services. Mid-term and long-term rentals are managed with licensed brokers for the leasing.

This guide is general information, not legal advice; confirm how a local rule applies to your property with the city or county and a Florida attorney.