Is Airbnb legal in Marco Island?

As of October 2023, the regulations governing short-term rentals (STRs) in Marco Island, Florida, are in a state of flux due to recent changes in state legislation. The city’s Short-Term Rental Registration Program (STRRP), which was approved by voters in a referendum in August 2022 and aimed to require STR operators to register their properties and adhere to various rules, has been rendered null and void following the passage of Senate Bill 250. This bill prohibits municipalities within 100 miles of Hurricane Ian and Hurricane Nicole's landfall from implementing any moratoriums or more restrictive amendments to their land development regulations, effectively blocking the STRRP from being enforced.

Previously, the ordinance aimed to address issues such as noise and property management associated with short-term rentals. However, without specific local regulations in place, STR operators in Marco Island are now required only to register with the Florida Department of Business and Professional Regulation, and while there is no local registration process, owners must still collect and remit state and county lodging taxes.

The recent developments reflect a broader trend in Florida where local governments face limitations in regulating STRs, highlighting ongoing tensions between residential communities seeking to control the impacts of vacation rentals and state legislation favoring property owner rights. As the legal landscape evolves, Marco Island may need to navigate these challenges to establish more effective guidelines that align with both community needs and state law.