Requirements

Vacation rentals must be licensed by the State of Florida, including registration with the Florida Department of Revenue for tax purposes, and must comply with all applicable state laws.

Any person or business who rents or leases any transient accommodations or short-term rentals for a period of 6 months or less is required to register for a Tourist Tax Account to collect and remit monthly Convention and Tourist Development taxes.

Responsible parties must obtain a Certificate of Use (CU) prior to listing and advertising the property on any peer-to-peer platform. The cost is $36.70 per certificate. Upon applying for a CU, a property inspection will be scheduled. The cost for the inspection is $89.97, plus a $9.50 surcharge, for a total of $136.17. A new CU must be obtained annually at the same cost. You can apply for a new CU prior to or on the day that the current CU expires. If a property does not pass inspection, or if it has outstanding fines or liens for violations of this code, a CU will not be granted.

Whenever a property is being used as a vacation rental, the CU must be displayed in a conspicuous location that is clearly visible to guests within the vacation rental and must include, at a minimum, the name, address and phone number of the responsible party and the maximum occupancy of the vacation rental.

Regulations

For each vacation rental, the responsible party must comply with the following regulations:

Maximum occupancy
The maximum overnight occupancy for vacation rentals is up to a maximum of 2 persons per bedroom, plus 2 additional persons per property, up to a maximum of 12 persons, excluding children under 3 years of age.

Responsible party onsite
The Responsible Party must reside for more than six months per calendar year in the property being offered as a vacation rental. The rental of the property may occur at the same time that the Responsible Party is residing there. This applies to properties designated as Estate or Low Density Residential on the CDMP Land Use Plan Map only. There are no residency restrictions in the other land use categories.

Sexual offenders and sexual predators
The responsible party is required to obtain confirmation of a nationwide search from the Miami-Dade County Police Department or other law enforcement agency that the prospective transient occupant is not a registered sexual offender or sexual predator as a result of a conviction of a sexual offense, as defined in Section 21-280.

If the vacation rental property is within 2,500 feet of a school, pursuant to Section 21-281 it is a violation of this section for a sexual offender or sexual predator to occupy the property for a period of 4 or more days in any month.

The responsible party may call the Miami-Dade County Answer Center (311) to obtain assistance or referrals to determine whether a prospective transient occupant is a sexual offender or predator and to determine whether a residence is 2,500 feet from a particular school. If the vacation rental property is within 2,500 feet of a school, it will be a violation to allow any person to occupy the property with knowledge that such person is a registered sexual offender or registered sexual predator in any jurisdiction.

• Search sexual offenders and predators by residence
• Search sexual offenders and predators in your neighborhood

Swimming Pools
If there is a swimming pool onsite, the responsible party must ensure that the swimming pool has in place at least one of the pool safety features listed in Section 515.27, Florida Statutes, (i.e., pool safety barrier, pool safety cover, pool alarm, or door latch/alarm) prior to use of the property as a vacation rental by any person under the age of six. This provision shall not apply to a vacation rental with a community swimming pool onsite, such as in a condominium, as determined by the Director. Compliance with this provision shall be in addition to compliance with Section 33-12 of this code pertaining to swimming pool fences.

The responsible party must also comply with all residential requirements pertaining to solid waste disposal, noise, public nuisance, parking, advertising and pets, as well as with all other applicable local, state, and federal laws, regulations, rules, and standards, including, but not limited to, those pertaining to anti-discrimination, disability, and fair housing.

In addition, the responsible party must:

• provide written notice to transient occupants, prior to occupancy of the vacation rental, of the vacation rental standards and regulations for noise, public nuisance, vehicle parking, solid waste collection and common area usage. This information must also be posted inside the rental property;
• provide notice to prospective transient occupants at the time the property is listed as a vacation rental of any limitations on the property pertaining to access for the disabled;
• provide notice to the homeowner’s association or condominium/cooperative association or board, if any, that the property will be used as a vacation rental and adhere to all policies, rules, and regulations of such association or board pertaining to vacation rentals;
• promptly address and report any violations of this section or of such other law or regulation of which the responsible party knows or should know to the Department or law enforcement, as appropriate, as well as to the peer-to-peer or platform entity;
• ensure that any violations regarding the rental of the property are able to be promptly addressed and resolved 24 hours a day/7 days per week;
  maintain a register with names and dates of stay of all guests, including but not limited to all transient occupants and their invitees, which shall be open to inspection by the County.

Enforcement

Violations to the standards provided in these regulations as well as other provisions of the County Code are subject to the civil penalties schedule provided in Chapter 8CC of the Miami-Dade County Code of Ordinances.

Operating a vacation rental without a Certificate of Use is a violation of the County Code and the civil penalty schedule is as follows:

• 1st Offense = $100
• 2nd Offense within 24 months of 1st offense = $1,000
• 3rd Offense within 24 months of most recent of the preceding offenses as well as subsequent offenses = $2,500

Penalties accrue and a lien may be placed on the property if the fines, enforcement costs and administrative costs are not paid or the violation not corrected.