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Sunny Isles Beach Short-Term Rental Regulation: A Guide For Airbnb Hosts

Sunny Isles Beach, Florida

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What are Short-Term Rental (Airbnb, VRBO) Regulations in Sunny Isles Beach, Florida?

Sunny Isles Beach, a popular tourist destination in Miami-Dade County, Florida, has specific regulations governing short-term vacation rentals through platforms like Airbnb and VRBO. These rules aim to balance the interests of property owners, guests, and the local community.

Starting a Short-Term Rental Business in Sunny Isles Beach

To operate a short-term rental in Sunny Isles Beach, property owners must obtain a Short-Term Vacation Rental License from the city's Planning and Zoning Department. A separate license is required for each rental unit. The application process involves submitting various documents, including:

  • Completed, notarized application signed by the property owner or responsible party
  • Proof of payment for license fees
  • Proof of a state-issued Transient Public Lodging Establishment License
  • Active Certificates of Registration with the Florida Department of Revenue and Miami-Dade County Tax Collector
  • Liability insurance and rental agreement copies
  • Sketch of emergency exits and parking spaces
  • Proof of installed safety features like smoke detectors, carbon monoxide detectors, and fire extinguishers
  • Consent letter from the Condominium Association or a copy of the bylaws

License fees include a $100 Local Business Tax Receipt, a $300 Vacation Rental License, and potential late fees. Licenses must be renewed annually by September 30 to avoid penalties.

Short-Term Rental Licensing Requirement in Sunny Isles Beach

To legally operate a short-term vacation rental in Sunny Isles Beach, property owners or responsible parties must obtain a Short-Term Vacation Rental License from the city's Planning and Zoning Department. This requirement applies to any dwelling unit or portion thereof in a condominium, apartment, or cooperative leased for six months or less.

A separate license is needed for each individual rental unit. Licenses expire annually and must be renewed by September 30 each year to avoid late fees. Enforcement of the licensing requirement begins on December 1.

The application process involves submitting various documents, including:

  1. Completed, notarized application signed by the property owner or responsible party
  2. Proof of payment for license fees
  3. Proof of a state-issued Transient Public Lodging Establishment License
  4. Active Certificates of Registration with the Florida Department of Revenue and Miami-Dade County Tax Collector
  5. Liability insurance and rental agreement copies
  6. Sketch of emergency exits and parking spaces
  7. Proof of installed safety features like smoke detectors, carbon monoxide detectors, and fire extinguishers
  8. Consent letter from the Condominium Association or a copy of the bylaws

Incomplete applications will be denied. Once an application is submitted, property owners have 60 days to provide all required documents before enforcement applies.

License fees include a $100 Local Business Tax Receipt, a $300 Vacation Rental License, and potential late fees. The Planning and Zoning Department's fees for Short-Term Vacation Rental Licenses are non-refundable.

Outstanding code violations can prevent the issuance of a Short-Term Vacation Rental License. Owners must demonstrate compliance with all applicable codes to obtain the license.

Failing to secure the required license can result in fines of $1,000 for the first offense, $2,500 for the second offense, and a $2,500 fine plus a one-year license suspension for the third offense within any continuous 12-month period. The city may also refuse to issue or renew licenses due to falsified information.

To navigate the licensing process, property owners can consult the city's Planning and Zoning Department for guidance on requirements, fees, and enforcement. By adhering to the licensing regulations, short-term rental operators in Sunny Isles Beach can ensure compliance and avoid penalties.

Required Documents for Sunny Isles Beach Short-Term Rentals

To apply for a Short-Term Vacation Rental License in Sunny Isles Beach, property owners or responsible parties must submit a comprehensive application package to the Planning and Zoning Department. The application must include the following documents:

  1. Completed, notarized application signed by the property owner or responsible party
  2. Proof of payment for license fees
  3. Proof of a state-issued Transient Public Lodging Establishment License from the Florida Department of Business and Professional Regulation (DBPR)
  4. Current and active Certificate of Registration with the Florida Department of Revenue for collecting and remitting sales taxes and transient rental taxes
  5. Current and active Certificate of Registration with the Miami-Dade County Tax Collector for collecting and remitting tourist convention development taxes
  6. Copy of liability insurance policy covering injury or harm to transient occupants
  7. Copy of the rental/lease agreement used when contracting with transient occupants, guests, and peer-to-peer or platform entities like Airbnb or VRBO
  8. Sketch of the unit's emergency exits and designated parking spaces legally available for occupants (excluding public parking spaces)
  9. Proof that each rental unit has a smoke detector, carbon monoxide detector, and fire extinguisher installed
  10. Consent letter from the Condominium Association or a copy of the condominium's bylaws relating to leasing of units (a license will not be issued if short-term rentals are prohibited by the association or building owner)
  11. Evidence that the rental unit is not within 1,000 feet of any school, designated public school bus stop, child daycare facility, park, playground, or other place where children regularly congregate
  12. Statement confirming whether the short-term rental is a homestead property

Additionally, the property must be in compliance with all applicable codes, and a license will not be issued if there are any open code violations.

Incomplete applications will be denied and returned to the property owner with a notation of missing items. Once an application is submitted, owners have 60 days to provide all required documents before enforcement applies.

It is unlawful to provide false or misleading information on the application, which must be sworn to under penalty of perjury. Any false statements can result in the denial or revocation of the license.

By carefully compiling the necessary documents and ensuring the accuracy of all information provided, short-term rental operators in Sunny Isles Beach can successfully navigate the licensing process and maintain compliance with local regulations.

Sunny Isles Beach Short-Term Rental Taxes

In addition to obtaining the necessary licenses, short-term rental operators in Sunny Isles Beach must collect and remit several taxes on their rental income. These taxes include state, county, and local levies that support various initiatives and services.

Florida Transient Rental Tax

The Florida Transient Rental Tax is a statewide tax applied to short-term rentals of 182 nights or shorter. The current rate is 6% of the listing price, including any cleaning fees. This tax supports state revenues and is administered by the Florida Department of Revenue.

Florida Discretionary Sales Surtax

The Florida Discretionary Sales Surtax is an additional local tax that varies by county. In Miami-Dade County, the surtax rate is 1% of the listing price, including any cleaning fees, and applies to reservations of 182 nights or shorter. The surtax funds local projects and services.

Miami-Dade County Short-Term Rental Taxes

Short-term rental operators in Sunny Isles Beach are also subject to several Miami-Dade County taxes, which include:

  1. Convention Development Tax: A 3% tax collected throughout Miami-Dade County, except in Surfside and Bal Harbour. This tax funds tourist facilities, cultural centers, and educational institutions.
  2. Tourist Development Tax: A 2% tax collected throughout Miami-Dade County, except in Surfside, Bal Harbour, and Miami Beach. This tax supports the Greater Miami Convention and Visitors Bureau, cultural grants, and tourist facilities in the city of Miami.
  3. Professional Sports Facilities Franchise Tax: A 1% tax collected throughout Miami-Dade County, except in Surfside, Bal Harbour, and Miami Beach. This tax funds debt service payments for professional sports facilities in Miami-Dade County.

Total Tax Rate for Short-Term Rentals

The combined tax rate for short-term rentals in Sunny Isles Beach is 13%, which includes:

  1. State Taxes: 6% (Florida Transient Rental Tax) + 1% (Discretionary Sales Surtax)
  2. Local Taxes: 3% (Convention Development Tax) + 2% (Tourist Development Tax) + 1% (Professional Sports Facilities Franchise Tax)

Short-term rental operators must collect these taxes from their guests and remit them to the appropriate authorities on a regular basis.

Tax Exemptions and Compliance

Rentals longer than six months are exempt from these taxes, provided a written lease is available upon request by the Tax Collector as per Florida Statute 212.03.

Failure to comply with tax obligations can result in significant penalties, including fines and the potential suspension of rental licenses. Hosts should ensure accurate collection and timely remittance of all applicable taxes to avoid enforcement actions.

By understanding and adhering to the tax requirements for short-term rentals in Sunny Isles Beach, operators can maintain compliance, support local initiatives, and contribute to the overall success of the tourism industry in the area.

Florida-Wide Short-Term Rental Rules

In addition to city and county-specific regulations, there are several statewide rules that apply to all short-term rentals in Florida. These state laws provide a framework for local governments to build upon with their own ordinances.

Licensing and Registration

According to Florida state law, property owners who rent out an entire unit more than three times in a calendar year for periods of less than 30 days, or advertise their property to the public as a vacation rental, must obtain a license from the Florida Department of Business and Professional Regulation (DBPR).

However, renting out individual rooms within a property where the owner resides does not require a DBPR license, as this is not considered a "transient public lodging establishment."

Taxation

Short-term rental operators in Florida must collect and remit several taxes on their rental income:

  1. State sales tax: 6% of the rental charge, paid to the Florida Department of Revenue
  2. County discretionary sales surtax: Varies by county, typically 0.5% to 1%
  3. Tourist development tax: Ranges from 1% to 5%, depending on the county
  4. Convention development tax: Applies in certain counties

The total tax rate for short-term rentals in Florida generally falls between 7.5% and 12%. Failure to comply with tax obligations can result in fines and penalties.

Occupancy Limits and Safety Regulations

Florida's statewide building and fire safety codes apply to all short-term rentals. This includes requirements for smoke detectors, fire extinguishers, and emergency exits.

While there are no universal occupancy limits set by the state, many cities and counties impose their own restrictions based on factors like the number of bedrooms or square footage.

Zoning and Local Ordinances

In 2011, the Florida Legislature prohibited local governments from banning short-term rentals altogether or restricting the duration or frequency of stays. However, cities and counties can still regulate vacation rentals through zoning, noise ordinances, parking requirements, and other measures.

Some municipalities require short-term rental owners to obtain local permits or business tax receipts in addition to the state DBPR license. Others may restrict rentals to certain districts or impose minimum stay requirements.

Evolving Regulations

Florida's short-term rental landscape continues to evolve as new legislation is proposed and enacted. Some recent developments include:

  1. Efforts to create a statewide vacation rental registry
  2. Proposals to require platforms like Airbnb to collect and remit taxes on behalf of hosts
  3. Increased permit fees and taxes in certain cities and counties

To stay compliant, short-term rental operators must keep abreast of changes at both the state and local levels. Consulting with legal professionals and industry associations can help navigate this complex regulatory environment.

By adhering to Florida's statewide rules and local ordinances, vacation rental owners and managers can operate successful, compliant businesses while contributing to the state's thriving tourism industry.

Does Sunny Isles Beach Strictly Enforce STR Rules?

Sunny Isles Beach has a reputation for being one of the stricter cities in South Florida when it comes to enforcing short-term rental regulations. The city actively monitors listings on platforms like Airbnb and VRBO to identify properties operating without the required licenses or violating occupancy limits and other rules.

According to discussions on the BiggerPockets forums, Sunny Isles Beach is less Airbnb-friendly compared to neighboring cities. One user noted, "Sunny Isles Beach has some of the toughest STR regulations in Miami-Dade County. They really crack down on unlicensed rentals and have no problem issuing fines."

Another investor shared their experience: "I had a condo in Sunny Isles that I tried to rent on Airbnb. Even though I had all the licenses, the city still sent me violation notices for exceeding occupancy limits. They're really strict about the two persons per bedroom plus two rules."

Despite the stringent enforcement, some hosts still operate short-term rentals in Sunny Isles Beach, albeit at a higher risk. A Reddit user admitted, "I've been running an Airbnb in Sunny Isles for a couple of years without getting caught. But I keep my listings low-key, and I'm always worried about getting shut down."

However, the consensus among experienced investors is that the potential penalties outweigh the benefits of operating an unlicensed short-term rental in Sunny Isles Beach. With fines of up to $2,500 per offense and the possibility of a one-year license suspension, most hosts agree it's not worth the risk.

One BiggerPockets member advised, "If you're thinking about starting an Airbnb in Sunny Isles, make sure you dot all your i's and cross all your t's with the city. Get your license, pay your taxes, and follow all the rules in the letter. Otherwise, you're just asking for trouble."

In conclusion, while some hosts may fly under the radar, Sunny Isles Beach is generally not considered an Airbnb-friendly city due to its strict enforcement of short-term rental regulations. Investors looking to operate vacation rentals in this area should be prepared to fully comply with all local requirements to avoid costly penalties and disruptions to their business.

How to Start a Short-Term Rental Business in Sunny Isles Beach

Starting a successful short-term rental business in Sunny Isles Beach requires careful planning and compliance with local regulations. Follow these steps to get your vacation rental up and running:

  1. Research zoning laws and condominium rules: Before investing in a property and transforming it into an Airbnb, verify that short-term rentals are allowed in the desired location and building. Review the city's zoning map and check with the condominium association for any restrictions on rental duration or frequency.
  2. Obtain necessary licenses and permits: Apply for a Short-Term Vacation Rental License from the Sunny Isles Beach Planning and Zoning Department. You'll also need a state-issued Transient Public Lodging Establishment License and active Certificates of Registration with the Florida Department of Revenue and Miami-Dade County Tax Collector.
  3. Ensure compliance with safety regulations: Install smoke detectors, carbon monoxide detectors, and fire extinguishers in each rental unit. Create a sketch of emergency exits and designated parking spaces to include with your license application.
  4. Secure insurance and draft rental agreements:Obtain liability insurance covering injuries or harm to guests. Develop a standard rental agreement that outlines terms and conditions, house rules, and cancellation policies.
  5. Register with tax authorities: Register with the Florida Department of Revenue and Miami-Dade County Tax Collector to collect and remit the required sales taxes and tourist development taxes on your rental income.
  6. Set up your rental listing: Choose a platform like Airbnb or VRBO to list your property. Create an attractive listing with high-quality photos, detailed descriptions, and competitive pricing. Be transparent about your license and tax compliance.
  7. Establish a guest screening process: Implement a screening process to ensure responsible guests who will respect your property and abide by local rules. Consider setting minimum age requirements, occupancy limits, and house rules regarding noise, parking, and pet policies.
  8. Arrange for cleaning and maintenance: Hire a reliable cleaning service to prepare your rental between guests. Establish a maintenance schedule to keep your property in top condition and address any repairs promptly.
  9. Provide excellent customer service: Respond promptly to guest inquiries and maintain open communication throughout the booking process. Be available to address any concerns during their stay and follow up for feedback and reviews.
  10. Stay informed about regulatory changes: Keep abreast of any updates to short-term rental laws in Sunny Isles Beach and Florida. Join local vacation rental associations or online forums to stay connected with other operators and share best practices.

By following these steps and maintaining compliance with local regulations, you can build a thriving short-term rental business in Sunny Isles Beach. While the city's rules may be stricter than some neighboring areas, diligent operators who prioritize guest experience and regulatory adherence can find success in this popular beachfront destination.

Who to Contact in Sunny Isles Beach about Short-Term Rental Regulations and Zoning?

For questions about short-term rental regulations, licensing requirements, and zoning in Sunny Isles Beach, property owners and managers should contact the city's Planning and Zoning Department. This department is responsible for overseeing the Short-Term Vacation Rental Ordinance and ensuring compliance with local rules.

The Planning and Zoning Department can provide guidance on the following topics:

  1. Zoning districts where short-term rentals are permitted
  2. Licensing application process and required documents
  3. Occupancy limits and safety requirements
  4. Responsible party duties and local contact information
  5. Enforcement and penalties for non-compliance
  6. Updates to short-term rental regulations and ordinances

To reach the Sunny Isles Beach Planning and Zoning Department, use the following contact information:

Phone: 305.792.1740
Email: info.building@sibfl.net
Address: Sunny Isles Beach Government Center, 18070 Collins Avenue, Sunny Isles Beach, FL 33160

The department's office hours are Monday through Friday, 8:30 AM to 5:00 PM. Property owners can also visit the city's website at www.sibfl.net for additional resources and information.

For urgent issues related to short-term rentals, such as noise complaints or parking violations, contact the Sunny Isles Beach Code Compliance Department:

24/7 Code Compliance Complaints: 305.792.1760
Code Compliance Licensing: 305.792.1875
Code Compliance Parking: 305.792.1900

By maintaining open communication with the Planning and Zoning Department and adhering to the city's short-term rental regulations, property owners can ensure a successful and compliant vacation rental business in Sunny Isles Beach.

What Do Airbnb Hosts in Sunny Isles Beach on Reddit and Bigger Pockets Think about Local Regulations?

Airbnb hosts and real estate investors on platforms like Reddit and Bigger Pockets have shared their experiences and opinions regarding short-term rental regulations in Sunny Isles Beach. Here are some key takeaways from these discussions:

Strict enforcement: Several users note that Sunny Isles Beach is one of the stricter cities in South Florida when it comes to enforcing short-term rental rules. One Bigger Pockets member stated, "Sunny Isles Beach has some of the toughest STR regulations in Miami-Dade County. They really crack down on unlicensed rentals and have no problem issuing fines."

Condominium restrictions: Many hosts point out that even if a property owner obtains the necessary city licenses, condominium associations in Sunny Isles Beach often prohibit short-term rentals. One investor shared, "I had a condo in Sunny Isles that I tried to rent on Airbnb. Even though I had all the licenses, the city still sent me violation notices for exceeding occupancy limits."

Risks of operating illegally: Despite the strict regulations, some hosts admit to running unlicensed short-term rentals in Sunny Isles Beach. However, most experienced investors advise against this practice due to the high penalties. A Reddit user warned, "With fines of up to $2,500 per offense and the possibility of a one-year license suspension, most hosts agree it's not worth the risk."

Importance of due diligence: Aspiring short-term rental operators are encouraged to thoroughly research city ordinances and condominium rules before investing in a property. A Bigger Pockets member advised, "With condos, not only do you have to check the city regulations, you also have to check to see if the condo rules allow short term rentals."

Potential for higher returns: Some investors discuss the financial benefits of operating legal short-term rentals in Sunny Isles Beach, given the high demand and limited supply. One host on Reddit noted, "If you can navigate the regulations and secure a license, you can potentially earn much higher returns with short-term rentals compared to annual leases."

Overall, the consensus among Airbnb hosts and real estate investors is that while Sunny Isles Beach has a reputation for being less friendly to short-term rentals compared to neighboring cities, diligent operators who prioritize compliance can still find success in this popular beachfront destination.

Disclaimer: While we here at BNBCalc strive to keep all of our city regulation guides updated and accurate with all the latest local laws, we still do not suggest using them as your sole or primary source for local regulations. We also do not recommend you rely on the third-party sources we link to or reference, and we are not responsible for any of the information on these third-party sites. These guides are for entertainment purposes only and only provide basic information and should not be considered as legal advice.

We highly recommend directly contacting the responsible parties for each city and hearing what their officials have to say. Ultimately, it's your responsibility as an investor to ensure you fully comply with the local laws, and it's best to speak with professionals before making an investment decision.

⚡️
Reveal your property’s rental profitability

Buy this property and list it on Airbnb.