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Investor briefing · Spring 2026
Short-term rental eligibility in Tampa Bay
A practical guide to where short-term rentals (Airbnb, Vrbo, and similar)
can legally operate across Hillsborough, Pinellas, and Pasco counties —
and what to verify before you write an offer.
Prepared by Santy Kumar · HomeSmart
License SL 3640259
Updated April 2026
Why these rules matter. Florida law allows counties and
cities to regulate short-term rentals (STRs), but not to ban them
outright. The framework has shifted materially in the last two years —
most notably Pinellas County's Certificate of Use program adopted in
March 2025 — and statewide preemption legislation is under active
discussion.
How to read this guide
Each county summary uses a five-tier eligibility scale based on county
ordinances, zoning categories, and city-level overlays. Higher tiers are
more permissive; lower tiers carry more friction or risk. None of these
ratings is a guarantee — they're a starting point for your own due
diligence with a real-estate attorney and the local Land Development
office.
Likely allowed. STR is generally permitted with
standard state licensing.
Likely OK. Permitted but verify zoning + HOA
restrictions.
Caution. Allowed but with significant overlay or
operational restrictions.
High risk. Gray area — agricultural, transitional,
or contested zones.
Likely prohibited. Zoning or HOA covenants
typically forbid transient rental.
Florida statewide requirements (apply to every county)
-
DBPR Vacation Rental License. Required for any
property rented to transient guests for periods of less than 30 days,
more than three times per calendar year. Two license types — Dwelling
(1–4 units) or Condo (single condo unit).
-
Sales tax registration. Florida Department of Revenue
certificate to collect and remit transient rental taxes.
-
State + county lodging taxes. 6% Florida sales tax
plus a local Tourist Development Tax that varies by county
(typically 5% to 6%). Airbnb and Vrbo collect and remit most of this
on your behalf — but you remain responsible for any taxes the
platform doesn't capture.
-
Safety code compliance. Smoke alarms, fire
extinguishers, pool barriers (if applicable), egress from sleeping
rooms. Buildings 3+ stories: balcony inspection every three years.
-
Listing disclosure. Your DBPR license number must
appear on every Airbnb / Vrbo / direct-booking listing.
County-by-county breakdown
The most permissive of the three counties for short-term rental
operators. Code enforcement is largely complaint-driven rather than
proactive, and the county has explicitly chosen not to prohibit STRs
— preserving meaningful tourist tax revenue. The main pitfalls are
planned-development (PD/PUD) zoning and HOA covenants.
- Minimum stay
- 7 nights or less is treated as transient (the regulated category).
In unincorporated zones, 7-day minimums are the safe operating zone.
The City of Tampa allows any duration in commercial and mixed-use
zoning with a Business Tax Receipt.
- Required permits
- State DBPR license + Hillsborough County Business Tax Receipt
(~$45/year) + Florida sales tax certificate.
- Lodging tax
- ~11% total (6% state sales tax + 6% Hillsborough Tourist
Development Tax, with 1% surtax temporarily suspended through 2025).
- Enforcement
- Reactive. Complaints from neighbors are the primary trigger.
Fines for unlicensed operation or zoning violations.
Zoning eligibility
RS-50 / RS-60 / RS-75
Residential single-family — typically allowed
with 7-day minimum.
Allowed
RSC-4 / RSC-6 / RSC-9
Residential conversion zones — broadly
permissive.
Allowed
R1 / R3 / R4
City of Tampa residential — allowed with
BTR.
Allowed
SH-RS
Seminole Heights overlay — permitted but
historic-district restrictions apply.
Caution
AS-1 / ASC-1
Agricultural-residential — usually treated
as residential for STR purposes.
Likely OK
AC / AR / AR-5
Agricultural — gray area; restricted to
agri-tourism and farm-worker housing in some interpretations.
High risk
PD / PD-A / PUD / MPUD
Planned Development. Land-use contracts
almost always prohibit transient (<30 day) rental.
Likely no
The HOA trap. Even in green-light zoning, an HOA
covenant can independently prohibit short-term rental. Always pull the
HOA documents (CC&Rs) and read the rental restrictions section
before writing an offer.
Pinellas adopted Ordinance 25-15 in March 2025, the most restrictive
STR framework in Tampa Bay. Unincorporated properties now require a
Certificate of Use program. Several incorporated cities — notably
St. Petersburg and Treasure Island — have their own restrictive
ordinances that pre-date the state's 2011 preemption and remain
enforceable.
City-level overlay matters more here than zoning.
A property's address — not just its parcel zoning — determines what
rules apply. The same RSC-9 zoning code is treated very differently in
St. Pete versus Indian Rocks Beach.
City-by-city posture
- Indian Rocks Beach
- STR-friendly. Has its own registration ordinance grandfathered in
before 2011. Active investor market.
- Largo
- Allowed with fire-safety inspection and a designated responsible
party.
- Clearwater Beach
- Allowed in most beach-area zoning; verify parcel-specific rules.
- Dunedin / Gulfport
- Allowed only in specific zoning overlays. Most of each city's
residential is off-limits to STR.
- St. Petersburg
- Effectively prohibited in residential zones.
City code limits rental to no more than three times per any 365-day
period, except in specific transient-lodging zoning districts.
- Treasure Island
- Prohibited in single-family and multifamily zones
with limited exceptions.
- Redington Beach / Redington Shores
- Heavily restricted. Verify city ordinance before
any purchase.
- Unincorporated Pinellas
- Allowed with a Certificate of Use (~$450/year) plus an initial
$150 inspection. Re-inspection every two years at $100. Application
deadlines vary by ZIP.
Pinellas Certificate of Use cost
Annual fee
$450
Per property, non-transferable
Inspection
$150
+$100 if re-inspection needed
Max occupancy
10
2 per bedroom + 2 in common area
Quiet hours
10p–9a
Daily, with active enforcement
Other Pinellas-specific rules
- One off-street parking space required per three guests
(rounded up).
- Owner must register sexual predators with the Sheriff
and disclose to guests.
- 24/7 responsible party phone number must be on file
and posted at the property.
- Children under 12 no longer exempt from the 10-person
max as of 2025.
- Verify whether your specific city has its own license
on top of the Pinellas County Certificate of Use.
Less restrictive than Pinellas but more involved than Hillsborough.
Pasco requires a Conditional Use Permit (CUP) from the Planning
Director before a property can operate as a short-term rental, even
in residentially zoned areas. The CUP confirms the property meets
county standards for parking, occupancy, and use.
- Required permits
- Pasco Conditional Use Permit + state DBPR license + Florida sales
tax certificate + property insurance with adequate liability
coverage.
- Where allowed
- Short-term rentals are permitted in all residential zoning
districts subject to compliance with the CUP conditions.
- Minimum stay
- No statewide minimum; Pasco doesn't add one. Operate at any
duration permitted by your DBPR license.
- Lodging tax
- 11% total (6% state + 5% Pasco Tourist Development Tax).
- Enforcement
- Active. Pasco assesses fines starting at $250 for first
violations, escalating for repeat unlicensed operation.
ADUs cannot be short-term rentals in Pasco.
As of February 2025, Pasco's accessory dwelling unit ordinance
explicitly prohibits Airbnb / Vrbo use of ADUs, regardless of
whether the main dwelling is owner-occupied. ADUs may be used for
long-term rental only.
Conditional Use Permit checklist
- Designated parking space included on the property —
no RV parking on-site or in adjacent right-of-way.
- Occupancy limits documented in the application.
- Adequate property insurance and liability coverage in
place at the time of application.
- CUP must be issued before the property is
listed or accepts bookings.
| |
Hillsborough |
Pinellas |
Pasco |
| Difficulty |
Generally friendly |
Heavily regulated |
Permitted w/ CUP |
| County permit needed? |
Business Tax Receipt only |
Certificate of Use ($450/yr) |
Conditional Use Permit |
| Inspection required? |
Generally no |
Yes — $150 initial, every 2 yrs |
As part of CUP review |
| Total lodging tax |
~11% |
~12% |
~11% |
| Enforcement style |
Reactive (complaints) |
Active |
Active |
| Biggest risk |
HOA covenants in PD zones |
City-level bans (St. Pete) |
ADU restriction; CUP delay |
Before you write an offer
Whatever county the property is in, the same five questions answer
most of the eligibility risk. Run through them with your agent before
the inspection period closes.
-
Confirm the parcel zoning.
Pull the parcel record from the county property appraiser. Confirm
the zoning code matches an STR-permissive category in the table
above. If the zoning is PD, PD-A, PUD, or MPUD — assume STR is
prohibited until you've read the specific land-use contract.
-
Read the HOA covenants.
Almost every HOA / condo association governs rentals via CC&Rs
— and a covenant can prohibit STR even if the zoning permits it.
Look for any rental-duration minimum, leasing-frequency cap, or
explicit Airbnb / Vrbo prohibition. The seller is required to
provide HOA documents during the inspection period.
-
Check the city ordinance.
County rules are necessary but not sufficient. Cities — especially
in Pinellas — can be substantially more restrictive than the
county. Search the city's municipal code for "vacation rental"
and "short-term rental."
-
Look for proof of existing operation.
A neighboring DBPR-licensed property, a public AirDNA listing on
the same street, or seller-provided rental income records are all
meaningful evidence the local rules permit STR in practice.
The strongest signal is when the subject property itself is
already DBPR-licensed.
-
Talk to a local attorney.
For any property over $500,000 — or anywhere the rules feel
ambiguous — a one-hour consultation with a Florida real-estate
attorney is the cheapest insurance you can buy. They'll review
the HOA documents and zoning specifically for STR risk.
Important: this is informational, not legal advice
This guide summarizes publicly available information about Florida
short-term rental regulations as of April 2026. It is intended to
help you start a conversation with your agent and other professional
advisors — not to substitute for legal, tax, or compliance advice.
This information may already be outdated by the time you
read it. Short-term rental rules at the state, county, and
city level change constantly — through new ordinances,
revised zoning interpretations, fee adjustments, court rulings, and
preemption legislation. Pinellas County rewrote its STR framework
in March 2025; Pasco prohibited ADU short-term rentals in February
2025; the Florida Legislature has attempted to centralize
regulation in two recent sessions. Whatever you read here, verify
it against the current ordinance text on the official county or
city website on the day you need to rely on it.
Before purchasing any property with the intent to use it as a
short-term rental, you should independently verify all eligibility
questions with: (a) the county Land Development or Planning office;
(b) the city zoning administrator if the property is incorporated;
(c) the property's HOA or condo association; (d) a Florida-licensed
real-estate attorney; and (e) a tax professional regarding lodging
and income tax obligations.
Neither Santy Kumar nor HomeSmart provides legal or tax advice. We
do not guarantee any property will be approved for short-term
rental use, that any specific revenue or occupancy figure will be
achieved, or that local rules will not change after closing.