Key takeaways
- HB 1417 is a 2023 law (Chapter 2023-31), effective July 1, 2023. It did not rewrite Florida's landlord-tenant statute; it added one preemption section and lengthened two notice periods.
- It lives entirely in Chapter 83, Part II — the Residential Landlord and Tenant Act — which excludes transient occupancy in public lodging.
- Local vacation rental registration, zoning, occupancy, parking, noise, and safety rules are governed by a different statute (s. 509.032(7)) and are not erased by HB 1417.
- Chapter 83 can still matter to an STR owner when a stay stops being transient — mid-term rentals, holdover guests, and owner-occupied situations are where the line blurs.
Florida vacation rental owners rarely think about landlord-tenant law. Their guests book for a weekend, pay through a platform, and leave. But the phrase "landlord-tenant preemption" has been circulating in host forums as if it were a shield against county and city vacation rental ordinances. Some versions of the story even describe HB 1417 as a 2026 overhaul of the statute.
That is not what happened. This article walks through what the bill actually did, which body of law governs a short-term stay, and the situations where a vacation rental owner can genuinely end up inside the landlord-tenant statute without meaning to.
Educational information only. This article is not legal advice. Whether a particular occupant is a tenant or a transient guest, and which statute governs a dispute, depends on the facts and should be reviewed with a Florida-licensed attorney. Florida Host Desk provides administrative compliance support and does not practice law.
What HB 1417 actually changed
CS/HB 1417, titled "Residential Tenancies," passed in the 2023 Regular Session, was approved as Chapter 2023-31, Laws of Florida, and took effect July 1, 2023. The enrolled bill is short. It did three things:
| Provision | What it did | Where it lives |
|---|---|---|
| Statewide preemption | Created a new section stating that regulation of residential tenancies and the landlord-tenant relationship is preempted to the state, superseding local ordinances on those matters. | s. 83.425, F.S. (read the statute) |
| Month-to-month notice | Raised the notice required to end a month-to-month residential tenancy from 15 days to 30 days before the end of a monthly period. | s. 83.57(3), F.S. |
| Fixed-term non-renewal notice | Set that a lease clause requiring notice of intent not to renew may not require less than 30 or more than 60 days' notice from either party. | s. 83.575(1), F.S. |
The preemption language in s. 83.425 reads, in part: "The regulation of residential tenancies, the landlord-tenant relationship, and all other matters covered under this part are preempted to the state." The phrase "covered under this part" is the key limiter. "This part" is Part II of Chapter 83 — nothing more.
As of the 2026 Florida Statutes, s. 83.425 has not been amended since it was created. There is no 2026 version of HB 1417.
Florida landlord-tenant law vs. vacation rental law
Florida keeps residential tenancies and transient lodging in two separate chapters, administered by different agencies and enforced through different procedures.
| Chapter 83, Part II | Chapter 509 | |
|---|---|---|
| Name | Florida Residential Landlord and Tenant Act | Public Lodging and Public Food Service Establishments |
| Governs | Rental of a dwelling unit to a tenant | Hotels, motels, vacation rentals, and other public lodging establishments |
| Typical occupant | Tenant under a rental agreement | Transient guest |
| State agency | None (enforced through the courts) | Department of Business and Professional Regulation (DBPR) |
| Local preemption section | s. 83.425 (added by HB 1417 in 2023) | s. 509.032(7) (vacation rental preemption, 2011 and later amendments) |
| Removal of an occupant | Eviction under Part II of Chapter 83 | Ejection of transient guests under s. 509.141 |
Section 83.42 lists what Part II does not apply to. Among the exclusions is "transient occupancy in a hotel, condominium, motel, roominghouse, or similar public lodging." A licensed vacation rental serving transient guests sits in that excluded category. The landlord-tenant act — and therefore HB 1417's preemption — is not what regulates it.
For how a property becomes a licensed vacation rental in the first place, see our DBPR vacation rental license guide.
Are Airbnb guests considered tenants in Florida?
Usually not — but the answer depends on the arrangement, not the platform. Chapter 509 defines a transient public lodging establishment as one rented to guests more than three times in a calendar year for periods of less than 30 days or one calendar month, whichever is less, or one advertised or held out to the public as a place regularly rented to guests (s. 509.013). A guest in that setting is a transient guest.
The picture changes when the facts change:
- A stay of 30 days or longer is outside the transient definition. A monthly renter in an otherwise licensed vacation rental may be a tenant under Chapter 83, particularly if there is a written agreement, rent is paid by the month, and the occupant treats the unit as a residence.
- A guest who refuses to leave after check-out does not automatically become a tenant, but a host who accepts additional payments and lets the stay drift for weeks can create facts that look like a tenancy.
- An owner who rents a room in a home they live in is on different footing than an owner who rents an entire dwelling to strangers.
Courts look at the substance of the occupancy. Nothing in HB 1417 changed those tests. If you are unsure whether someone in your property is a guest or a tenant, that question belongs with a Florida attorney before you act.
What state preemption actually covers
Section 83.425 lists the kinds of local rules it supersedes. All of them are landlord-tenant subjects: tenant screening, security deposits, rental applications and application fees, terms and conditions of rental agreements, the rights and responsibilities of landlords and tenants, disclosures about the premises or the rental agreement, landlord fees, and notice requirements.
The practical effect was aimed at local "tenant bill of rights" ordinances — county or city rules that required landlords to give extra notice of rent increases, limited application fees, or added disclosure obligations. After July 1, 2023, those matters are governed only by state law.
If your property is used in a way that makes an occupant a tenant, this preemption benefits you the same way it benefits any other Florida landlord: one statewide set of rules for the tenancy. What it does not do is reach outside Chapter 83.
What HB 1417 does NOT automatically preempt
Because s. 83.425 only reaches "matters covered under this part," it says nothing about the local rules that actually shape vacation rental operations. Those rules draw their authority — and their limits — from s. 509.032(7) and from general local zoning and code enforcement power.
| Local rule type | Preempted by HB 1417? | Governing framework |
|---|---|---|
| Vacation rental registration or certificate programs | No | s. 509.032(7)(b) permits local regulation that does not prohibit vacation rentals or regulate duration/frequency of stays |
| Maximum occupancy tied to bedrooms or floor area | No | Local codes; s. 509.032(7) |
| Parking, trash, and noise standards | No | Local codes of general application |
| Life-safety inspections and posted information | No | Local codes; DBPR rules under Chapter 509 also apply |
| Responsible-party / 24-hour contact requirements | No | Local vacation rental ordinances |
| Zoning districts where transient rental is allowed | No (subject to the 2011 grandfather rules) | Local zoning; s. 509.032(7)(b) |
| Local business tax receipts | No | Chapter 205, F.S. |
| Local rules on security deposits or tenant screening for residential tenancies | Yes | s. 83.425 |
Section 509.032(7) has its own preemption: since June 1, 2011, local governments may not prohibit vacation rentals or regulate the duration or frequency of rentals, unless the ordinance was adopted before that date. But they retain authority to regulate vacation rentals in other ways. That balance was not touched by HB 1417.
A city registration requirement in Fort Pierce, a certificate program in Sarasota County, or a Miami Beach zoning restriction cannot be waved away by citing a landlord-tenant preemption section. Owners who receive a code enforcement notice should treat it as live. Our guide on what to do after a code violation notice covers the response sequence.
When the landlord-tenant statute could matter to a vacation rental owner
Scenario 1: The snowbird booking
You accept a January-through-March booking from a couple who pay monthly. The stay is over 30 days, rent is periodic, and they receive mail at the address. If a dispute arises in February, a court may well analyze the relationship under Chapter 83 — including the 30-day notice rule for month-to-month tenancies that HB 1417 lengthened.
Scenario 2: The holdover guest
A guest's seven-night stay ends and they do not leave. Under Chapter 509, a licensed operator has a statutory process for ejecting a transient guest. If instead you negotiate a week-to-week arrangement and accept several more payments, you may drift into tenancy territory, where self-help removal is prohibited and court eviction is the remedy.
Scenario 3: The off-season long-term lease
Many owners rent short-term in season and sign a six-month lease in the off-season. During the lease, you are a landlord under Chapter 83 in every ordinary sense — deposit handling, notice, and repair obligations all apply, and only state law governs them.
Scenario 4: The friend-of-a-friend arrangement
An acquaintance moves into your rental "for a few weeks" without a booking, a lease, or a fixed end date. Informal arrangements with no clear term are among the most common ways owners end up in eviction court. The lack of paperwork does not prevent a tenancy from forming.
What Florida STR owners should check
- Confirm your property's DBPR classification and that the license is current. A licensed transient establishment is your clearest evidence that guests are guests.
- Read your county's and city's vacation rental ordinance directly. Do not rely on a forum post claiming it was preempted.
- Set a firm policy for stays of 30 days or longer: separate written agreement, separate records, and legal review of the agreement form.
- Know the difference between the Chapter 509 ejection process for transient guests and the Chapter 83 eviction process — and never use self-help against someone who may be a tenant.
- If you offer off-season leases, use a Florida-compliant residential lease with the 30- to 60-day non-renewal notice range in s. 83.575 in mind.
- Keep booking records that show stay length and frequency. They support both your tax position and your transient-guest position.
- Check whether your HOA or condominium documents impose minimum-stay rules. Those are private restrictions and are not affected by any state preemption.
- Keep the whole compliance stack — DBPR, sales tax, tourist development tax, local registration — organized in one place. Our STR compliance checklist is a good starting structure.
The bottom line
HB 1417 is a real and consequential law for Florida landlords, but it is a 2023 landlord-tenant law, not a 2026 vacation rental law. It preempts local regulation of residential tenancies and lengthens two notice periods. It does not mention vacation rentals, does not amend Chapter 509, and does not disturb the separate framework in s. 509.032(7) that lets counties and cities register, inspect, and set operating standards for short-term rentals.
For a vacation rental owner, the useful lesson is about the line between a guest and a tenant. Stay on the transient side of that line deliberately — licensed, documented, and with stays under 30 days — and Chapter 83 rarely comes up. Cross it, intentionally or by drift, and a different rulebook applies.
Frequently asked questions
Did HB 1417 pass in 2026?
No. CS/HB 1417 (Residential Tenancies) passed in the 2023 Regular Session, became Chapter 2023-31, Laws of Florida, and took effect July 1, 2023. Its main provision is section 83.425, Florida Statutes. As of the 2026 statutes the section has not been amended.
Does HB 1417 mention vacation rentals or Airbnb?
No. The enrolled bill creates s. 83.425 and amends ss. 83.57 and 83.575 — all inside Part II of Chapter 83, the Residential Landlord and Tenant Act. It does not reference Chapter 509, vacation rentals, or s. 509.032(7).
Can my city still require vacation rental registration after HB 1417?
HB 1417 did not address vacation rental registration. Local authority over vacation rentals is governed separately by s. 509.032(7), which lets local governments regulate vacation rentals as long as they do not prohibit them or regulate duration or frequency of stays (with a pre-June 1, 2011 grandfather clause). Check your city and county rules directly.
If a guest stays 30 days or more, are they a tenant?
Possibly. A 30-day-plus stay falls outside the Chapter 509 definition of a transient public lodging establishment, and Chapter 83 Part II may apply depending on the arrangement. The label on a booking platform does not control; the actual occupancy arrangement does. Get legal advice before treating a long-stay occupant as a guest who can simply be asked to leave.
Does HB 1417 change how I remove a problem guest?
HB 1417 changed notice periods for month-to-month and fixed-term residential tenancies. It did not create a procedure for transient guests. Removal of a transient guest from a licensed public lodging establishment is addressed in Chapter 509 (s. 509.141), and a guest who has become a tenant is handled under Chapter 83. Which one applies is a legal question.
Do I need to give 30 days' notice to a mid-term (monthly) renter now?
If the arrangement is a month-to-month residential tenancy under Chapter 83, s. 83.57(3) as amended by HB 1417 requires at least 30 days' notice before the end of a monthly period to terminate. Whether your arrangement is a tenancy is fact-specific.
Does state preemption mean my HOA rules do not apply?
No. Section 83.425 preempts local government regulation of residential tenancies. It does not affect private covenants, HOA or condominium association rules, or deed restrictions.
Where can I read the actual law?
Section 83.425 is published on the Florida Legislature's Online Sunshine website, and the bill history and enrolled text for CS/HB 1417 (2023) are on the Florida Senate website. Links are provided in this article.
Official sources
- CS/HB 1417 (2023) — bill history, analyses, and enrolled text
- Section 83.425, Florida Statutes — preemption of residential tenancies
- Chapter 83, Part II — Florida Residential Landlord and Tenant Act
- Section 509.032, Florida Statutes — including the vacation rental preemption in subsection (7)
- Section 509.013, Florida Statutes — transient and nontransient definitions