Sweetwater Bay Short-Term Rental Regulation: A Guide For Airbnb Hosts

What are Short-Term Rental (Airbnb, VRBO) Regulations in Sweetwater, Florida?

Short-term vacation rentals in Sweetwater and the rest of Miami-Dade County are regulated by the Board of County Commissioners. A short-term vacation rental is defined as any dwelling unit or residence rented in whole or in part to guests for less than 30 days or one calendar month, whichever is less.

Starting a Short-Term Rental Business in Sweetwater

To legally operate a short-term rental in Sweetwater, property owners or responsible parties must:

• Obtain a Certificate of Use (CU) from Miami-Dade County prior to listing the property. The CU costs $36.70 and requires passing a property inspection, which costs an additional $136.17. The CU must be renewed annually.
• Register the property with the Florida Department of Revenue and obtain a license from the Florida Department of Business and Professional Regulation (DBPR).
• Collect and remit the 6% Miami-Dade County Convention and Tourist Development taxes and Florida sales taxes on all rentals of 6 months or less.
• Comply with zoning restrictions. In unincorporated Miami-Dade County, short-term rentals are allowed in areas zoned as Residential Communities, Business and Office, and Office Residential. However, in areas zoned as Estate or Low Density Residential, the responsible party must reside in the property for more than 6 months per year.
• Adhere to occupancy limits of 2 persons per bedroom plus 2 additional persons per property, up to a maximum of 12 people, excluding children under 3.
• Provide one off-street parking space for each bedroom rented.
• Comply with safety requirements such as providing smoke alarms, carbon monoxide detectors, fire extinguishers, and pool safety features as required by Florida law.
• Provide guests with a copy of the vacation rental rules and regulations.
• Promptly address any violations and be reachable 24/7 to respond to issues.

Failure to comply with these regulations can result in fines and liens on the property. Sweetwater also prohibits short-term rentals in properties that have outstanding code violations.

Overall, while it is legal to operate a short-term rental in Sweetwater with the proper licenses and by following the rules, the regulations are fairly extensive. Prospective short-term rental operators should carefully review the requirements on the Miami-Dade County and City of Sweetwater websites and consider consulting with a lawyer to ensure full compliance.

Short-Term Rental Licensing Requirements in Sweetwater

To legally operate a short-term rental in Sweetwater, property owners or responsible parties must obtain a Certificate of Use (CU) from Miami-Dade County prior to listing or advertising the property. The process involves the following steps:

1. Apply for a Certificate of Use (CU) from the Miami-Dade County Department of Regulatory and Economic Resources (RER). The application fee is $36.70 per certificate.
2. Schedule a property inspection upon applying for the CU. The inspection fee is $89.97 plus a $9.50 surcharge, for a total of $136.17.
3. Pass the property inspection. If the property fails inspection or has outstanding fines or liens for code violations, a CU will not be granted.
4. Obtain the CU and display it in a conspicuous location clearly visible to guests inside the vacation rental. The CU must include the name, address and phone number of the responsible party and the maximum occupancy allowed.
5. Renew the CU annually at the same cost of $36.70. Property owners can apply for a new CU prior to or on the day the current one expires.

In addition to the CU, short-term rental operators in Sweetwater must also:

1. Register the property with the Florida Department of Revenue and obtain a license from the Florida Department of Business and Professional Regulation (DBPR)
2. Collect and remit the 6% Miami-Dade County Convention and Tourist Development taxes and Florida sales taxes on all rentals of 6 months or less
3. Comply with zoning restrictions, occupancy limits, parking requirements, and safety regulations as detailed in the Miami-Dade County Code of Ordinances Section 33-28

Failure to obtain the proper licenses and comply with short-term rental regulations can result in fines and liens on the property. Operating a rental without a CU is subject to a fine of $1,000 for a first offense, $2,500 for a second offense, and $5,000 for a third offense.

To apply for a Certificate of Use or for more information, short-term rental operators in Sweetwater can contact:

Miami-Dade County Department of Regulatory and Economic Resources (RER)
11805 SW 26th Street (Coral Way)
Miami, FL 33175
Phone: 786-315-2000
Website: https://www.miamidade.gov/permits/

The CU application process typically takes 2-4 weeks from submission to approval, as long as the property passes inspection and has no outstanding violations. Prospective short-term rental hosts in Sweetwater should begin the licensing process well in advance of when they intend to start renting out the property.

Required Documents for Sweetwater Short-Term Rentals

To legally operate a short-term rental in Sweetwater, property owners or responsible parties must submit the following documents when applying for a Certificate of Use (CU) from Miami-Dade County:

1. Proof of Ownership: Provide a copy of the property deed or other official record showing the name, address, and phone number of each person or entity that has an ownership interest in the property. This establishes legal ownership of the rental property.
2. DBPR License: Submit a copy of the property's current and active license as a transient public lodging establishment with the Florida Department of Business and Professional Regulation (DBPR). All short-term rentals in Florida must obtain this license.
3. Liability Insurance: Provide evidence of liability insurance coverage for the use of the property as a short-term rental. This protects the owner in case a guest is injured on the property.
4. Property Description: Include details on the property's gross square footage, number of bedrooms, number of bathrooms, and number of on-site parking spaces attributable to the rental use. This helps determine maximum occupancy limits.
5. Responsible Party Affidavit: The owner must designate a responsible party who agrees to comply with short-term rental standards and be available 24/7 to respond to any violations or emergencies. An affidavit signed by the responsible party must be submitted.
6. Notice of Intent to Rent: The owner or representative must fill out a "Notice of Intent to Rent/Lease and Application for Occupancy" form before allowing any short-term rental occupancy. This notifies the city of plans to use the property as a rental.
7. Business Tax Receipt (BTR): After obtaining the CU, the owner must also get a Business Tax Receipt from the City of Sweetwater and Miami-Dade County in order to collect and remit tourist and sales taxes on the rental income.

The CU application and required documents must be submitted to:

Miami-Dade County Department of Regulatory and Economic Resources (RER)
11805 SW 26th Street (Coral Way)
Miami, FL 33175

Once all documentation is provided, a property inspection will be scheduled. If the property passes inspection and has no outstanding code violations, the CU will be issued. The entire process typically takes 2-4 weeks.

Failure to obtain a CU and submit the required documents before advertising or renting out a property short-term can result in fines starting at $1,000 for the first offense. Sweetwater property owners should carefully review all the requirements and ensure full compliance before listing their rental.

Sweetwater Short-Term Rental Taxes

Short-term rental operators in Sweetwater are required to collect and remit several types of taxes on their rental income:

Florida State Sales Tax: The state of Florida imposes a 6% sales tax on the total rental amount, before any fees or services. This tax is collected by the host and remitted to the Florida Department of Revenue.

Miami-Dade County Tourist Development Tax: Miami-Dade County levies a 6% tourist development tax on all short-term rentals countywide. This is in addition to the state sales tax and is also collected by the host.

Miami-Dade County Convention Development Tax: A 3% convention development tax applies to short-term rentals in most of Miami-Dade County, with a few city exceptions. This tax is collected along with the 6% tourist development tax.

Discretionary Sales Surtax: Some counties in Florida have a discretionary sales surtax of 0.5% or 1% that applies to short-term rentals. In Miami-Dade County, the surtax is 1%.

In total, short-term rental operators in Sweetwater must collect and remit 13% in taxes:

1. 6% Florida state sales tax
2. 6% Miami-Dade County tourist development tax
3. 3% Miami-Dade County convention development tax
4. 1% Miami-Dade County discretionary sales surtax

These taxes are reported and paid to the Florida Department of Revenue, typically on a monthly basis. Failure to collect and remit the proper taxes can result in fines and penalties.

Tax Deductions and Write-Offs

Short-term rental operators can deduct many of their business expenses to reduce their taxable rental income. Some common deductions include:

1. Mortgage interest and property taxes
2. Rental unit utilities, maintenance, and repairs
3. Cleaning, laundry, and restocking costs
4. Host service fees from platforms like Airbnb
5. Depreciation of the rental property over 27.5 years
6. Supplies, linens, toiletries, and amenities for guests
7. Insurance premiums

Hosts should keep detailed records and receipts for all rental-related expenses. Consult with a tax professional to determine which deductions apply to your short-term rental business and how to properly claim them on your tax returns.

By understanding the tax obligations and potential write-offs, short-term rental operators in Sweetwater can stay compliant with the law while maximizing their profits. With the proper licenses, permits, and tax payments, hosts can successfully run a vacation rental business in this popular Miami-Dade County city.

Florida Wide Short-Term Rental Rules

In addition to local regulations in Sweetwater and Miami-Dade County, short-term rental hosts must also comply with state laws governing vacation rentals. Key statewide rules include:

Licensing: The Florida Department of Business and Professional Regulation (DBPR) requires hosts renting out an entire unit for periods of less than 30 days more than 3 times per year to obtain a Vacation Rental Dwelling License. This applies whether you own a single-family home, apartment, condo, co-op, or townhouse used as a vacation rental.

Taxes: The state of Florida levies a 6% sales tax on the total rental amount of all vacation rental stays of 6 months or less. Hosts are responsible for collecting this tax from guests and remitting it to the Florida Department of Revenue, in addition to any county tourist development taxes.

Property Regulations: Vacation rentals must comply with the same building, fire, health, and safety codes as hotels and motels. Railings, balconies, and other structures must meet specific requirements. Hosts may need to install certain safety features like smoke alarms, fire extinguishers, and pool alarms.

Occupancy Limits: A bill recently passed by the Florida Legislature would cap occupancy at vacation rentals to 2 persons per bedroom, plus 2 additional persons per property, up to a maximum of 12 people, excluding children under 3. However, this limit could be higher if bedrooms are at least 50 square feet per person.

Inspections and Violations: Under the proposed state law, counties could require vacation rentals to undergo inspections and obtain permits in order to operate. The state could revoke licenses if a property has repeat violations. Fines of up to $500 could be imposed for non-compliance.

Sexual Offenders: State law prohibits sexual offenders from staying at a vacation rental for more than 3 days in a month if the property is within 1,000 feet of a school, childcare facility, park, or playground.

While these statewide regulations would provide a consistent framework for vacation rentals across Florida, the proposed law still allows cities and counties to impose additional rules and restrictions. Hosts in Sweetwater should carefully review both state and local requirements to ensure they are in full compliance before listing their short-term rental.

The Florida Legislature is expected to continue debating and refining statewide vacation rental rules in the coming months. Hosts should stay informed on the latest developments that could impact their business.

Does Sweetwater Strictly Enforce STR Rules?

Based on discussions among short-term rental hosts on forums like BiggerPockets and Reddit, it appears that Sweetwater and Miami-Dade County do actively enforce vacation rental regulations, especially compared to other parts of Florida.

Several hosts mentioned that it is very difficult to "hide" a short-term rental in Sweetwater, as tourists tend to stand out to neighbors. Parking in the wrong place, putting trash out incorrectly, or just unfamiliar faces coming and going will quickly draw attention and complaints from residents.

While some hosts say they are able to operate under the radar, most agree it's not worth the risk in Sweetwater. The fines for non-compliance start at $1,000 and escalate quickly for repeat offenses. The city can also put liens on properties for unpaid fines.

Compared to more vacation-oriented areas of Florida, Sweetwater seems decidedly less friendly to short-term rentals. Cities like Destin, Panama City Beach, and Kissimmee have a much larger proportion of investor-owned vacation homes and more relaxed rules.

However, even in those STR-friendly cities, hosts still need to obtain proper licensing, pay tourist taxes, and follow other regulations. Attempting to skirt the rules is ill-advised anywhere in Florida.

The consensus among experienced hosts is that Sweetwater and Miami-Dade County are strict and diligent about enforcing short-term rental laws. Operating an unlicensed STR or violating ordinances is very likely to result in fines and legal issues. Hosts are better off carefully following all requirements to stay compliant and avoid problems with the city.

How to Start a Short-Term Rental Business in Sweetwater

To legally operate a vacation rental in Sweetwater, hosts must follow these steps:

1. Ensure Your Property is Zoned for Short-Term Rentals: Check that your property is located in an area of Sweetwater zoned to allow short-term rentals. Rentals are permitted in Residential Communities, Business and Office, and Office Residential districts. However, in Estate or Low Density Residential zones, the owner must reside on the property more than 6 months per year.
2. Obtain a DBPR License: Apply for a Vacation Rental Dwelling License from the Florida Department of Business and Professional Regulation (DBPR). This license is required for any rental of an entire dwelling unit for less than 30 days, more than 3 times per year.
3. Apply for a Certificate of Use: Submit an application for a Certificate of Use (CU) from the Miami-Dade County Department of Regulatory and Economic Resources, along with required documents like proof of ownership, liability insurance, and the DBPR license. Schedule and pass a property inspection.
4. Get a Business Tax Receipt: After obtaining the CU, apply for a Business Tax Receipt (BTR) from the City of Sweetwater and Miami-Dade County. This allows you to legally collect and remit tourist and sales taxes on your rental income.
5. Register to Collect Taxes: Register with the Florida Department of Revenue to obtain a Sales Tax Certificate of Registration. This enables you to collect and remit the 6% state sales tax, 6% county tourist tax, and other applicable taxes on your short-term rentals.
6. Comply with Safety Requirements: Ensure your rental property meets all building, fire, and safety codes. Install required equipment like smoke alarms, fire extinguishers, pool alarms, and emergency lighting. The property must pass inspection.
7. Set Up Your Rental Listing: Once all licenses, permits, and safety requirements are met, you can create your listing on platforms like Airbnb, Vrbo, or others. Provide all required information like the Certificate of Use number and maximum occupancy.
8. Manage Your Rental Responsibly: Assign a local responsible party to respond 24/7 to any issues or violations. Collect and remit all applicable taxes. Follow the rules on occupancy limits, parking, trash, and noise. Keep detailed records for tax purposes.

Some additional tips for Sweetwater hosts:

1. Start the licensing process 2-3 months before you want to begin renting to allow time for approvals.
2. Hire an accountant to ensure proper tax compliance and maximize deductions.
3. Join local host groups and forums to learn best practices.
4. Obtain sufficient liability insurance to protect yourself.
5. Be responsive to neighbors' concerns about parking, noise, etc.

While the regulations are extensive, following the proper steps can allow you to operate a successful, legal, short-term rental business in Sweetwater. Prioritize obtaining all required documents and licenses before listing your property.

Who to Contact in Sweetwater about Short-Term Rental Regulations and Zoning?

If you have any questions about short-term rental rules, licensing requirements, zoning restrictions, or need to apply for permits in Sweetwater, here are the key contacts:

Miami-Dade County Department of Regulatory and Economic Resources (RER)
11805 SW 26th Street (Coral Way)
Miami, FL 33175
Phone: (786) 315-2000
Website: https://www.miamidade.gov/permits/

The RER is responsible for issuing Certificates of Use for short-term rentals in Sweetwater and unincorporated Miami-Dade County. Contact them to apply for a CU, schedule property inspections, and get information on regulations.

City of Sweetwater Planning and Zoning Department
500 SW 109th Ave
Sweetwater, FL 33174
Phone: (305) 221-0631
Email: planningandzoning@cityofsweetwater.fl.gov

Reach out to Sweetwater's Planning and Zoning office to verify if your property is located in an area zoned for short-term rentals. They can provide details on specific zoning restrictions that may apply.

City of Sweetwater Code Compliance Division
Phone: (305) 221-0631
Email: codecompliance@cityofsweetwater.fl.gov

Contact Code Compliance to report any suspected illegal short-term rentals operating without proper licensing and approvals in Sweetwater.

Florida Department of Business and Professional Regulation (DBPR)
Phone: (850) 487-1395
Website: http://www.myfloridalicense.com/dbpr/

The DBPR issues required licenses for vacation rental dwellings in Florida. You must obtain this state license before the county will grant a Certificate of Use.

Florida Department of Revenue
Phone: (305) 470-5001
Website: https://floridarevenue.com/taxes/

Register with the Department of Revenue to get a Sales Tax Certificate of Registration, which allows you to collect and remit state and county taxes on your short-term rentals.

By reaching out to these agencies, hosts in Sweetwater can get authoritative information and submit applications to legally operate their vacation rental business while complying with all regulations. Taking the time upfront to understand and follow the requirements helps avoid fines and violations down the road.

What Do Airbnb Hosts in Sweetwater on Reddit and Bigger Pockets Think about Local Regulations?

From browsing local forums, it's clear that both residents and visitors have very positive views of Sweetwater overall. Here are some perspectives shared by verified locals:

Tourists also seem to enjoy Sweetwater as a home base for visiting the Miami area, as evidenced by these comments:

"We stayed in an Airbnb in Sweetwater for a week and it was perfect. Quiet neighborhood, but easy drive to all the attractions in Miami Beach. Lots of good restaurants and stores nearby, too." [Source: Reddit r/Miami]

"As a first-time visitor to Miami, I'm really glad we chose Sweetwater to stay in. Affordable rental, safe area, and it was nice to experience a real local community." [Source: BiggerPockets Short-Term Rental Forum]

Based on these positive firsthand accounts, Sweetwater seems to offer an appealing mix of safety, community, affordability, and accessibility that makes it an attractive destination for short-term rentals. Its residential flavor provides a quieter, more authentic local experience compared to the tourist-dense areas of Miami Beach.

The city's convenient location just west of Miami International Airport also makes it an ideal home base for visitors wanting to explore all the attractions of Miami and the beaches, while enjoying a peaceful neighborhood to return to. With its family-friendly vibe, parks, and events, Sweetwater could be an especially appealing option for families looking for a short-term rental.

Overall, the highly satisfied residents and positive reviews from tourists on Reddit and BiggerPockets suggest Sweetwater could be an excellent option for short-term rental hosts looking to tap into demand from visitors seeking an affordable, safe, and authentic local experience in the Miami area.

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.