WHEN IS A LICENSE REQUIRED

DBPR Form HR 5025-753 2022 January

Vacation Rentals & Timeshare Projects

The Division of Hotels and Restaurants is responsible for

regulating public lodging establishments in Florida.

Florida law defines a “Public lodging establishment" as

transient public lodging establishments and non-transient

public lodging establishments. [Section 509.013(4), FS]

Transient public lodging establishment means “any

unit, group of units, dwelling, building, or group of

buildings within a single complex of buildings which is

rented to guests more than three times in a calendar

year for periods of less than 30 days or 1 calendar

month, whichever is less, or which is advertised or held

out to the public as a place regularly rented to guests.”

Vacation Rental: Vacation rentals are transient public

lodging establishments defined in s. 509.242(1)(c), FS,

as: any unit or group of units in a condominium or

cooperative or any individually or collectively owned

single-family, two-family, three-family or four-family

house or dwelling unit that is also a transient public

lodging establishment, but that is not a timeshare project.

Timeshare Project: A timeshare property (as defined in

Chapter 721, F.S.) that is located in Florida and is also a

transient public lodging establishment. (E.g., a

timeshare property that rents by the week to guests

outside the timeshare community.) (509.242(1)(g), F.S.)

License Classifications

Vacation rentals and timeshare project licenses have

three different classifications (61C-1.002(4)(a), F.A.C.):

 Single License: May include one single home or

townhome, or a unit or group of units within a single

building that are operated by the owner.

 Group License: Covers all units within a building or

group of buildings in a single complex that are licensed

to a licensed agent. (Multiple group licenses may be

issued to different licensed agents for units located on

the same property.)

 Collective License: Issued to a group of houses or

units found in separate locations that are represented

by the same licensed agent. (A collective license may

have a maximum of 75 houses or units per license and

is restricted to counties within one district.)

If you operate both vacation rental condominiums and

vacation rental dwellings, you may not combine them on

the same license in any of the three licensing categories.

Licensed Agent

A licensed agent is someone that the property owner has

authorized, through a rental agreement or contract, to

hold out the property for rent on a transient basis. The

licensed agent does not have to hold a license from the

Division of Real Estate.

Only a licensed agent can hold a group or collective

license. A licensed agent may not hold a single license.

The licensed agent is responsible for all violations cited

during an inspection if the violations occurred while the

unit or dwelling was listed under the licensed agent (or if

the division records list the property under the licensed

agent).

Licensing

To obtain a Vacation Rental or Timeshare Project

license apply online at:

http://www.myfloridalicense.com/DBPR/hotels-

restaurants/licensing/vrtsp-guide/.

The application for license includes the following items:

 The rental location addresses for all units or houses

to be licensed.

 A completed DBPR HR-7020, Certificate of Balcony

Inspection if the units or houses are 3 or more stories

in height and the railings, stairwells and/or balconies

are not in common areas.

 Fees: Fees are based on the number of units to be

licensed. A fee calculator and fee tables are

provided on our website. You also can contact the

Customer Contact Center at 850.487.1395 to obtain

the correct license fee. In addition to the license fee,

there is a one-time application processing fee of $50.

Licensing Exclusions

Renting a single room or rooms other than the whole unit

is not classified as a public lodging and would not require

a license from the Division of Hotels and Restaurants.

Also the definition of a public lodging establishment does

not include (509.013(4)(b), F.S.):

 Any dormitory or other living or sleeping facility

maintained by a public or private school, college, or

university for the use of students, faculty, or visitors.

 Any facility certified or licensed and regulated by the

Agency for Health Care Administration (AHCA) or the

Department of Children and Families (DCF) or other

similar place regulated under s. 381.0072, F.S. E.g.,

hospitals, nursing homes, assisted living facilities,

sanitariums and day care centers.

 Any place renting four rental units or less, unless the

rental units are advertised or held out to the public to

be places that are regularly rented to transients.

 Any vacation rental or timeshare project that is rented

for periods of at least 30 days or 1 calendar month,

whichever is less; AND is not advertised or held out to

the public as a place regularly rented for periods of

less than 1 calendar month, provided that no more

than four rental units within a single complex of

buildings are available for rent.

 Any migrant labor camp or residential migrant housing

permitted by the Department of Health (DOH); under

Chapters 381.008-381.00895, F.S. or any mobile

home park inspected by the Department of Health

(DOH) and regulated under Chapter 513, F.S.

 Any nonprofit organization that operates a facility

providing housing only to patients, patients’ families,

and patients’ caregivers and not to the general public.

 Any apartment building inspected by the U.S.

Department of Housing and Urban Development

(HUD) that is designated primarily as housing for

persons at least 62 years of age. This exclusion

applies to individual buildings, not entire complexes

(unless every building in the complex fits the criteria).

 Any roominghouse, boardinghouse, or other living or

sleeping facility that may not be classified as a hotel,

motel, apartment, timeshare project, vacation rental,

nontransient apartment, bed and breakfast inn, or

transient apartment under s. 509.242, F.S.

Sanitation

 Halls, entrances, hall/stair runners and stairways

(unless common) shall be clean, ventilated, and well-

lighted day and night.

 Kitchen appliances and refrigeration equipment shall

be kept clean, free from odors and in good repair.

 If dishes and glassware are provided, you must

sanitize them between guests. (Proper warewashing

requires a three-compartment sink or commercial

dishmachine; OR the operator must post a notice

informing guests that the dishes and glassware have

not been sanitized according to public food service

establishment standards. The notice must include

the specific language on the notice available from the

division website at

http://www.myfloridalicense.com/DBPR/hotels-

restaurants/forms-publications/.)

 Toxic items must be properly stored and labeled.

DBPR Form HR 5025-753 2022 January

 Potable water shall be supplied and adequate

sanitary facilities for guests. E.g., showers,

handwash sinks and toilets that are connected to

approved plumbing.

 Water from a nonpublic system (e.g., well) shall be

sampled and tested at least annually and as required

by state water quality regulations.

 The most recent sample report for the nonpublic

water system shall be available upon request.

 The kitchen sink is required to have hot and cold

running water under pressure.

 Ice making machines must use water from an

approved source and shall be constructed, located,

installed, operated, and maintained to prevent

contamination of the ice.

 Ice machines for customer self-service shall be

protected from contamination and equipped so the

ice can be automatically dispensed.

 Units must be kept free of vermin.

 If provided:

 Bedding and linens, sheets and pillowcases, and

bedding items (e.g., mattresses, comforters and

pillows) must be kept clean and in good condition.

 Soap must be available either individually wrapped

or from a dispenser.

 Ice buckets shall be cleaned and sanitized

between each guest or be provided with a sanitary

single-service food-grade liner that is changed

daily.

Safety

 A current Certificate of Balcony Inspection (DBPR HR

7020) must be filed with the division every three

years, unless exterior balconies and stairwells are

“common” elements of a condominium. (For

exemption to this requirement, the licensee must

provide proof to the division that these areas are

common elements.) The balcony certificate is

available from the Division of Hotels and Restaurants

website at http://www.myfloridalicense.com/; by e-

mail request submitted at

http://www.myfloridalicense.com/contactus/; or by

phone request to 850.487.1395.

 Railings shall be installed on all stairways and around

all porches and steps.

 Heating and ventilation must be kept in good repair

or installed to maintain a minimum of 68 degrees

Fahrenheit throughout the building.

 Boiler Certificate required, if needed. (Not required if

boiler is located in common area.) A water heating

device is considered a boiler if it exceeds any one of

the following limits: maximum heat input of 400,000

BTUH; water temperature of 210 degrees Fahrenheit;

water capacity of 120 gallons.

 High hazard areas like boiler rooms and laundry

rooms shall be kept clean and free of debris and

flammables.

 At least one (1) approved locking device is required

that cannot be opened by a non-master guest room

key on all outside and connecting doors. (Cannot be

a sliding chain or hook and eye type of locking

device.)

 Smoke alarms must be installed in every living unit.

 Electrical wiring must be in good repair.

 A fire extinguisher must be present, properly charged

and accessible.

 If present, fire alarm panel must have power and be

maintained.

 Automatic fire sprinklers may be required in Vacation

Rental condominiums if the majority of the rental

units are located within a single building of three

stories or more or greater than 75 feet in height. (If

50% or fewer of the units within the building are

rented transiently, a fire sprinkler system is not

required.)

 Specialized smoke alarms for the hearing impaired

shall be available at a rate of one per every fifty

rental units with a maximum of five required.

 Specialized smoke alarms for the hearing impaired

shall be available upon request without charge.

 Must meet all local fire authority requirements.

General

 License must be current and renewed annually.

 License shall be conspicuously displayed in the office

or lobby (if available) or made available upon

request.

 Any change in the number of units must be reported

to the division.

 License is not transferrable from one place or

individual to another.

 If provided, baby cribs must meet safety standards

established by the Consumer Products Safety

Commission.

GUIDE TO

Vacation Rentals

and Timeshare

Projects

For Florida’s

Public Lodging Establishments

Division of

Hotels and Restaurants