Rental Rules by City / Florida / New Smyrna Beach

New Smyrna Beach short-term rental rules & tax calculator

Volusia County, Florida · Verified against official sources Oct 24, 2026

📋 The Basics

Can I rent my place short-term here?: Only in some areas
Do I need a permit?: Yes. You need a city Business Tax Receipt and an inspection.
What taxes do I pay?: Total about 12.5%. Airbnb says it collects these for you; you still pay them on bookings outside Airbnb.

Your 3 steps to be legal

Check your zoning: stays under 30 days are only allowed in certain zones.
Get a Florida state rental license (DBPR) and sign up for Florida sales tax.
Get the city Business Tax Receipt.

⚠️ Biggest risk: Renting under 30 days in a zone where it isn't allowed.

Words confusing? See the glossary. Details and official sources are below.

Tax calculator

Nightly rate ($) Nights Cleaning fee ($)

Rates used: FL state sales tax 6% + Volusia County surtax 0.5% + Local tourist/transient taxes 6% = 12.5%. Mandatory cleaning fees are included in the taxable total. Volusia County tourist development tax 6% (FL DOR DR-15TDT); surtax 0.5% (DR-15DSS).

What Airbnb collects: Airbnb collects state 6% + 0.5% surtax and Volusia County's 6% tourist development tax.

This is the general rule for New Smyrna Beach. Does your address qualify?

The free info covers the city as a whole. Your property can still be different: zoning can change from one street to the next, and an HOA or condo ban can stop rentals even where the city allows them.

Your $49 Compliance Check looks at your exact property:

Whether your exact address and zone allow short-term rentals
A check of HOA / condo rental restrictions to look for
Which permits and tax accounts you personally need
What you're missing right now
A personal report with clear next steps and official sources, by email
A refund if we report a rule in error (refund policy)

🔎 How we check: official city, county and state sources, a last-verified date on every page, and nothing guessed. Learn more

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Rules don't change every week, but they do change, and nobody emails you when they do. We'll alert you when city rules, tourist taxes, HOA-related laws, or Airbnb/Vrbo policies change in New Smyrna Beach. Cancel anytime.

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Why use this instead of a web search?

Instead of scattered, sometimes outdated pages, you get the city, county and state rules on one page, with official sources linked, a last-checked date, and unconfirmed items marked "verify" instead of guessed. How we verify →

Advanced details (laws, fees, sources)

Rules

State license	Florida DBPR vacation rental / transient public lodging license (homestead room-rental exemptions may apply).
State tax	6% state sales tax plus county discretionary surtax on rentals of 6 months or less; register with Florida DOR unless your platform collects and remits for you.
Cleaning fees	Mandatory cleaning fees charged to guests are taxable as part of the rental (state, surtax and tourist tax). Only an optional, separately itemized fee the guest can decline is excluded (FL Admin. Code 12A-1.061).
State preemption	Florida law (s. 509.032(7)(b), F.S.) bars local rules adopted after June 1, 2011 from prohibiting vacation rentals or regulating rental duration/frequency; older local rules still apply.
State licenses	Florida DBPR vacation rental license and FL Department of Revenue sales tax registration are required for all Florida vacation rentals.
Where allowed	Rentals under 30 days only in: R-3A east of Atlantic Ave, R-4, R-5, R-6, B-4, M-U and BBH east of the Intracoastal; R-2A east of the Intracoastal and south of Third Ave; M-U and BBH west of the Intracoastal. Check the city zoning map.
Longer stays	Rentals of 30 days or longer are allowed anywhere in the city with a BTR.
Business Tax Receipt	A city BTR (valid Oct 1 to Sep 30) is required; issued after fees are paid and an initial inspection is passed.
Fees	Verify with the city.

Items marked "Verify with the city" could not be confirmed from an official source; call the office listed before relying on them.

Sources

Updates & watch list

Fines are set by law and can be changed: Florida caps local code-enforcement fines at $250/day for a first violation ($500 repeat); cities of 50,000+ can adopt up to $1,000/day first and $5,000/day repeat (Fla. Stat. 162.09). Source
Statewide vacation rental bills recur: In 2024 the Legislature passed SB 280, which would have changed local registration of vacation rentals; it was vetoed. Similar bills can return in any session. Source
Track current bills: Search pending Florida bills on vacation rentals and transient rentals. Source

Checked Oct 24, 2026. We list only changes and pending items we can source.

Free tools

Free "Is my rental legal?" checklist · Free tourist tax calculator

Rules can change

New Smyrna Beach's rules, its tax rates and platform policies can change through a council vote, a new state law or a court ruling, often with little notice to hosts. We re-check this page monthly; subscribers get notified. Stay Compliant for $4.99/mo.

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Not legal or tax advice. Last verified Oct 24, 2026. Rules and rates change: confirm with the official sources linked before you rent or file.