RE.9 - Report Vacation Rentals Short-term Lodging Comp...
View full title
A RESOLUTION OF THE MIAMI CITY COMMISSION DIRECTING THE CITY MANAGER TO PROVIDE A COMPREHENSIVE REPORT, AS HEREIN DESCRIBED, RELATED TO VACATION / SHORT-TERM LODGING THROUGHOUT THE VARIOUS TRANSECT ZONES IN THE CITY OF MIAMI, FLORIDA; FURTHER DIRECTING THE CITY MANAGER DISTRIBUTE A QUARTERLY REPORT TO THE CITY COMMISSION ON CONDOMINIUM BUILDINGS WITH MULTIPLE VIOLATIONS; AND FURTHER DIRECTING THE CITY ATTORNEY TO PROVIDE AN UPDATE AT THE SEPTEMBER 24, 2026 CITY COMMISSION MEETING OF THE LEGAL STATUS OF ANY VACATION / SHORT-TERM LODGING REGISTRATION PROGRAMS CREATED IN OTHER JURISDICTIONS AFTER 2011.
September 10, 2026
Sponsors
District Two Damian Pardo
Commissioner
Department: Commissioners and Mayor
Category: Elected Official Item
WHEREAS, the City of Miami (“City”) is committed to ensuring the health, safety and welfare of its residents, business and visitors; and
WHEREAS, in 2011, Section 509.032(7)(b), Florida Statutes, officially preempted local governments from instituting any prohibitions or restrictive rules not already in existence in their local law as it pertains to vacation / short-term lodging; and
WHEREAS, having been amended since initial passage, the State Statute currently reads as follows, “\[a\] local law, ordinance, or regulation may not prohibit vacation rentals or regulate the duration or frequency of rental of vacation rentals. This paragraph does not apply to any local law, ordinance, or regulation adopted on or before June 1, 2011”; and
WHEREAS, this type of lodging is mainly done by individual owners, person or corporation, through various platforms such as Vacation Rentals by Owner (“VRBO”), Homeaway, Airbnb, and the like; and
WHEREAS, the State preemption effectively stopped any local community from adjusting its local law while such platforms wereonly in their infancy of use; and
WHEREAS, while the City was sued in 2017 by Airbnb for such lodging usage in its T3 Transect Zone, ultimately, the Courts upheld the limited usage allowed therein based upon its interpretation of Ordinance No. 13114, the Zoning Ordinance of the City of Miami, Florida, as amended (“Miami 21 Code”); and
WHEREAS, allowances and restrictions in all other City Transect Zones are set forth in the lodging subsection of Article 4, Table 3 of the Miami 21 Code; and
WHEREAS, in order to operate a vacation / short-term lodging unit the property owner is required to obtain licensure and meet any other requirements of the local codes as well as Florida Statutes; and
WHEREAS, recently, the City Building Department updated its website portal with a comprehensive explanation of what properties are eligible under the Miami 21 Code to host vacation / short term lodging and what requirements of the law and licensing they must meet; and
WHEREAS, as recently reminded in local news events, not all property owners choose to comply with the required State of Florida and local laws, which creates safety and quality-of-life issues for nearby residents, visitors, and businesses; and
WHEREAS, in order to assist the City Commission in determining a comprehensive plan to address complaints and determine possible paths forward towards better compliance, certain information from the City Administration and Law Department, such as violations by Transect Zone, reports on established processes for applying for approval to operate a vacation / short-term rental and the like is needed;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA:
Section 1. The recitals and findings contained in the Preamble of this Resolution are adopted by reference and incorporated as if fully set forth in this Section.
Section 2. The City Manager is directed to provide a comprehensive reportto the City Commission related to vacation / short-term lodging throughout the various transect zones in the City within ninety(90) days from theadoption of this Resolution and shall contain the following information:
a.a list of pending violations as well as ones brought to hearing over the past two (2) years in Transect Zones other than T3, and
b.a report on lodging in condominiums to determine the issues and impacts on City services and its residents, including licensure requirements under the Department of Business and Professional Regulations, Certificates of Use, Business Tax Receipt, Building Permitting, complaint calls, and investigations.
Section 3. The City Manager is further directed to provide a quarterly report to the City Commission on Condominium buildings with multiple violations.
Section 4. The City Attorney is hereby directed to provide an update at the September 24, 2026 City Commission meeting of the legal status of any vacation/short-term lodging registration programs created in other jurisdictions after 2011.
Section 5. This Resolution shall become effective immediately upon adoption.
City of MiamiPage 5 of 5File ID: 19715 (Revision: ) Printed on: 8/31/2026
- 
- ## Choose a File
- ## Properties
- Include Options
- Visibility
- ### Are you sure you want to delete this attachment? |
Powered by [Granicus](https://granicus.com/)
- [Legislative Files](https://miamifl.iqm2.com/Citizens/Detail_LegiFile.aspx?ID=19715#)
- [Legal Notices](https://miamifl.iqm2.com/Citizens/Detail_LegiFile.aspx?ID=19715#)
- [Some other Sort of Thing](https://miamifl.iqm2.com/Citizens/Detail_LegiFile.aspx?ID=19715#)
WHEREAS, in 2011, Section 509.032(7)(b), Florida Statutes, officially preempted local governments from instituting any prohibitions or restrictive rules not already in existence in their local law as it pertains to vacation / short-term lodging; and
WHEREAS, having been amended since initial passage, the State Statute currently reads as follows, “\[a\] local law, ordinance, or regulation may not prohibit vacation rentals or regulate the duration or frequency of rental of vacation rentals. This paragraph does not apply to any local law, ordinance, or regulation adopted on or before June 1, 2011”; and
WHEREAS, this type of lodging is mainly done by individual owners, person or corporation, through various platforms such as Vacation Rentals by Owner (“VRBO”), Homeaway, Airbnb, and the like; and
WHEREAS, the State preemption effectively stopped any local community from adjusting its local law while such platforms wereonly in their infancy of use; and
WHEREAS, while the City was sued in 2017 by Airbnb for such lodging usage in its T3 Transect Zone, ultimately, the Courts upheld the limited usage allowed therein based upon its interpretation of Ordinance No. 13114, the Zoning Ordinance of the City of Miami, Florida, as amended (“Miami 21 Code”); and
WHEREAS, allowances and restrictions in all other City Transect Zones are set forth in the lodging subsection of Article 4, Table 3 of the Miami 21 Code; and
WHEREAS, in order to operate a vacation / short-term lodging unit the property owner is required to obtain licensure and meet any other requirements of the local codes as well as Florida Statutes; and
WHEREAS, recently, the City Building Department updated its website portal with a comprehensive explanation of what properties are eligible under the Miami 21 Code to host vacation / short term lodging and what requirements of the law and licensing they must meet; and
WHEREAS, as recently reminded in local news events, not all property owners choose to comply with the required State of Florida and local laws, which creates safety and quality-of-life issues for nearby residents, visitors, and businesses; and
WHEREAS, in order to assist the City Commission in determining a comprehensive plan to address complaints and determine possible paths forward towards better compliance, certain information from the City Administration and Law Department, such as violations by Transect Zone, reports on established processes for applying for approval to operate a vacation / short-term rental and the like is needed;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA:
Section 1. The recitals and findings contained in the Preamble of this Resolution are adopted by reference and incorporated as if fully set forth in this Section.
Section 2. The City Manager is directed to provide a comprehensive reportto the City Commission related to vacation / short-term lodging throughout the various transect zones in the City within ninety(90) days from theadoption of this Resolution and shall contain the following information:
a.a list of pending violations as well as ones brought to hearing over the past two (2) years in Transect Zones other than T3, and
b.a report on lodging in condominiums to determine the issues and impacts on City services and its residents, including licensure requirements under the Department of Business and Professional Regulations, Certificates of Use, Business Tax Receipt, Building Permitting, complaint calls, and investigations.
Section 3. The City Manager is further directed to provide a quarterly report to the City Commission on Condominium buildings with multiple violations.
Section 4. The City Attorney is hereby directed to provide an update at the September 24, 2026 City Commission meeting of the legal status of any vacation/short-term lodging registration programs created in other jurisdictions after 2011.
Section 5. This Resolution shall become effective immediately upon adoption.
City of MiamiPage 5 of 5File ID: 19715 (Revision: ) Printed on: 8/31/2026
- 
- ## Choose a File
- ## Properties
- Include Options
- Visibility
- ### Are you sure you want to delete this attachment? |
Powered by [Granicus](https://granicus.com/)
- [Legislative Files](https://miamifl.iqm2.com/Citizens/Detail_LegiFile.aspx?ID=19715#)
- [Legal Notices](https://miamifl.iqm2.com/Citizens/Detail_LegiFile.aspx?ID=19715#)
- [Some other Sort of Thing](https://miamifl.iqm2.com/Citizens/Detail_LegiFile.aspx?ID=19715#)