Key Biscayne, Florida Short Term Rental Regulations Guide for Airbnb hosts

Executive Summary

Short-term rentals are allowed in Key Biscayne, FL, but are subject to strict regulations. The Village permits vacation rentals defined under Florida Statute §509.242(1)(c) as "any unit or group of units in a condominium, cooperative, or timeshare plan 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." However, investors must comply with a 15-day minimum rental period and obtain proper licensing.

What do Airbnb hosts actually earn in Key Biscayne?

Key Biscayne hosts earn a median $48,527/year with $322 ADR and 67% occupancy.

Top performers pull in $65,909+ per year.

See the full Key Biscayne market breakdown

How to Start a Short-Term Rental Business in Key Biscayne

Step 1: Understand Legal Framework

Before investing, confirm your property qualifies under the Village's definition of a vacation rental and that you can meet all regulatory requirements. The minimum rental period of 15 continuous days is mandatory unless superseded by condominium documents.

Step 2: Business Tax Receipt Application

Submit a complete application via email to BTR@keybiscayne.fl.gov with the following required documents:

Completed Local Business Tax Receipt application
Corporate documents (if registered with Division of Corporations)
Approved Fictitious Name documentation (if required)
Federal Employer Identification Number (FEIN) documentation
Copy of lease or warranty deed
DBPR Vacation Rental application and license

Step 3: Inspection Process

Upon application approval, schedule an inspection with the Key Biscayne Fire Department to ensure compliance with safety requirements.

Step 4: Ongoing Compliance

Maintain compliance with all Village regulations, including noise ordinances, nuisance regulations, and special event restrictions.

Required Documents, Permits, Licenses, and Guidelines

Municipal Requirements

Local Business Tax Receipt (BTR): Required annually
Certificate of Use: One-time fee of $120.00
Fire Inspection: Required with one-time fee of $75.00
Written Leases: All occupancy agreements must be in writing
Section 7-31 Compliance: Incorporate Village ordinance requirements into all leases

State Requirements

DBPR Vacation Rental License: Obtain through Florida Department of Business and Professional Regulation
SunBiz Registration: Register fictitious names through Florida Division of Corporations
FEIN: Federal tax identification number if required

Total Costs

Initial Setup: $310.76 (Certificate of Use $120.00 + Fire Inspection $75.00 + First Year BTR $115.76)
Annual Renewal: $115.76 (Business Tax Receipt)

Specific Regulations for Short-Term Rentals

Village of Key Biscayne Regulations (Section 7-31)

Rental Period Requirements:

Minimum rental period: 15 continuous days
Condominium documents may supersede Village minimum if more restrictive

Operational Requirements:

All leases must be written and incorporate Section 7-31 provisions
Lease documents must be delivered to Village or available on-site for inspection
Full compliance with land development regulations
Adherence to zoning district requirements
Compliance with noise, nuisance, and special event regulations

Prohibited Activities:

Rentals less than 15 days (unless superseded by condo documents)
Operating without valid Business Tax Receipt
Non-compliance with fire safety requirements

Miami-Dade County Regulations

Key Biscayne falls under Miami-Dade County jurisdiction for certain regulations, including hurricane preparedness and emergency management requirements.

Florida State Regulations

Florida Statute §509.242(1)(c) defines vacation rentals
State preemption laws affect local regulation capabilities
DBPR licensing requirements for public lodging establishments

Enforcement Measures

Civil Violation Notice: $250 for operating without Business Tax Receipt
Daily Fines: $250 per day for continued non-compliance after Notice of Violation
Warning Period: Properties given until September 16 to comply before violations issued
Active Enforcement: Village uses GovOS software to identify non-compliant properties through web advertising monitoring

Contact Information for Local Authority

Primary Contact

Village of Key Biscayne Building, Planning & Zoning Department

Address: 88 West McIntyre Street, Key Biscayne, FL 33149
Phone: (305) 365-5511
Email: BTR@keybiscayne.fl.gov
Website: keybiscayne.fl.gov/services/short-term_rentals.php

Key Personnel

Building, Planning & Zoning Director: Jeremy Gauger
Business Tax Receipt Processing: BTR@keybiscayne.fl.gov

Additional Resources

Building Permits: aca-prod.accela.com/keybiscayne/Default.aspx
Code Compliance: keybiscayne.fl.gov/services/code_compliance/index.php
Staff Directory: keybiscayne.fl.gov/services/human_resources/staff_directory/index.php

Important Considerations for Investors

Homestead Exemption Impact

Property owners should be aware that renting properties for more than 30 days in a calendar year can affect Homestead exemption status. Properties rented for more than 30 days for two consecutive years may lose the exemption, resulting in loss of tax benefits and protection from rapid assessed value increases.

Condominium Association Requirements

Condominium documents may impose additional restrictions on short-term rentals that supersede Village requirements. Investors should review association bylaws and rules before purchasing.

Enforcement Environment

The Village has implemented active enforcement measures, including:

Web advertising monitoring services
Warning system with September 16 deadline
Daily $250 fines for ongoing violations
Special Magistrate proceedings for serious violations

Zoning Considerations

Ensure your property is located in a zoning district that permits short-term rental operations and complies with all land development regulations.

Sources and Links

Village of Key Biscayne - Short-Term Rentals: keybiscayne.fl.gov/services/short-term_rentals.php
Village News - STR Enforcement Update: keybiscayne.fl.gov/news_detail_T21_R175.php
WLRN News Report: www.wlrn.org/government-politics/2024-08-21/key-biscayne-cracks-down-on-rogue-short-term-rentals
Florida Statute §509.242: www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0500-0599/0509/0509.html
Key Biscayne Code of Ordinances: library.municode.com/fl/key_biscayne/codes/code_of_ordinances
DBPR Vacation Rental Licensing: www.myfloridalicense.com/DBPR/
Florida Division of Corporations (SunBiz): dos.fl.gov/sunbiz/

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Ask the AI Advisor about Key Biscayne

Key Biscayne is a small, upscale barrier-island village in Miami-Dade County, Florida, home to roughly 12,000 to 13,000 residents. It sits at the southern edge of the Miami metropolitan area, separated from the mainland by Biscayne Bay and connected to Miami by the scenic Rickenbacker Causeway. Known for its quiet, residential character, white-sand beaches, and tropical landscaping, Key Biscayne functions both as a tranquil island enclave and as a gateway to downtown Miami, the upper Florida Keys, and Biscayne National Park. The drive into Miami typically takes about 15 to 25 minutes depending on traffic, putting the city's arts, dining, and nightlife within easy reach.

At the southern tip of the island lies Bill Baggs Cape Florida State Park, a roughly 400-acre park that consistently ranks among the top beaches in the United States. Visitors come for the swimming beaches, biking and walking paths through coastal hammocks, and the historic Cape Florida Lighthouse, the oldest standing structure in the county. The park is about a 10-minute drive from the center of the village and offers a quieter alternative to Miami's busier South Beach.

On the northern end of the island, Crandon Park spans more than 800 acres and serves as Key Biscayne's main recreational green space. Operated by Miami-Dade County, the park features a long, calm beach backed by coconut palms, a family-friendly marina, nature trails through mangroves, and the Crandon Tennis Center, a longtime host of major professional tennis events. It is roughly five minutes from the heart of the village and provides a wide range of activities for day-trippers and longer-stay guests alike.

Just across the Rickenbacker Causeway, on the adjacent Virginia Key, the Miami Seaquarium has been drawing families to the area for decades with marine animal exhibits and ocean shows. It is approximately 10 to 15 minutes from Key Biscayne by car, depending on causeway traffic, and is often paired with visits to the island's beaches. Further south, the unspoiled reefs and mangrove shoreline of Biscayne National Park begin just offshore, offering snorkeling, kayaking, and boating in one of the largest marine parks in the national system.

Key Biscayne appeals to short-term rental guests who want a peaceful, beach-oriented setting without sacrificing proximity to Miami's cultural and dining scene. The combination of two major parks, accessible beaches, scenic causeway drives, and quick access to the broader South Florida coast makes the island a strong base for travelers who want both relaxation and exploration.