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  1. Home
  2. ·
  3. Regulations
  4. ·
  5. Florida
  6. ·
  7. New Smyrna Beach

New Smyrna Beach

Prohibited
FloridaUpdated Mar 21, 2026
Gold-standard verification1% sourced

Cross-referenced against 3 official sources — municipal codes, planning-department pages, and government registries.

Verified Jan 30, 2026Sources 3

Summary

Plain-english overview

Short-term rentals in the City of New Smyrna Beach are strictly regulated by zoning; they are prohibited in low-density residential zones (R-1, R-2, R-3). Legal rentals require a city Business Tax Receipt, a state license, and a county tax account, with mandatory life-safety inspections.

Restriction level

Severity 100
Classification
Prohibited
100
Severity

Why this classification

  • Banned in all/most residential zones
  • Standard permit fee: $150
  • Tenants cannot host
  • Permit required
  • Reporting required
  • No night cap
  • No primary residence requirement

In plain English

What this means for you

To host an Airbnb in New Smyrna Beach, you must first check that your home is in an allowed zone (mostly multi-family or business districts). If you are in a prohibited residential zone, you cannot legally rent your home for less than 30 days. You'll need to get licenses from the State, the County, and the City, and you must pass an inspection to ensure smoke detectors and extinguishers are in place. Taxes total 12.5% and must be paid on all stays under six months.

At a glance

Key numbers
Permit requiredYes
Night limitNone
Primary residenceNot required
Total tax rate0.1%
Permit fee$150
Processing time2-4 weeks

7 things hosts often miss

Common compliance gaps
  1. 1STRs are strictly BANNED in R-1, R-2, and R-3 zoning districts.
  2. 2The 12.5% tax rate includes 6% for the county and 6.5% for the state.
  3. 3Occupancy is strictly limited to 2 people per bedroom plus 2 extra.
  4. 4A mandatory safety inspection must be passed before the permit is issued.
  5. 5The city uses monitoring software to find and fine unpermitted listings.
  6. 6Minimum parking requirements apply based on the number of bedrooms.
  7. 7A local 24/7 contact person must be registered and available to respond to complaints within 1 hour.

Regulation details

Sourced from official code
Eligibility8 rules
  • New Smyrna Beach does NOT require the property to be a primary residence. Investment properties are allowed.
  • New Smyrna Beach, FL: Your HOA can prohibit short-term rentals even if the city allows them. Check your CC&Rs before applying.
  • New Smyrna Beach: Your HOA can prohibit short-term rentals even if the city allows them. Check your CC&Rs before applying.
Requirements17 rules
  • New Smyrna Beach: Hosts must report their rental activity quarterly to the city, even if platforms collect taxes.
  • New Smyrna Beach STR warning: A local 24/7 contact person must be registered and available to respond to complaints within 1 hour.
  • New Smyrna Beach: STRs are strictly BANNED in R-1, R-2, and R-3 zoning districts.
Application process13 rules
  • New Smyrna Beach: To apply for an STR permit, you'll need: Florida DBPR License, Florida Department of Revenue Sales Tax Number, Volusia County Tourist Development Tax Account, Proof of Liability Insurance, Site Plan/Floor Plan.
Fees & costs1 rule
  • New Smyrna Beach charges a registration fee of $150 (annual).
Taxes3 rules
  • New Smyrna Beach: The 12.5% tax rate includes 6% for the county and 6.5% for the state.
  • Florida has a state sales tax of 6.5% that applies to STR rentals.
Limits & restrictions6 rules
  • New Smyrna Beach occupancy calculation: 2 persons per bedroom plus 2 additional persons. Count your bedrooms to determine your max guest limit.
  • New Smyrna Beach limits STRs to a maximum of 10 guests. Formula: 2 persons per bedroom plus 2 additional persons
Safety requirements2 rules
  • New Smyrna Beach: A mandatory safety inspection must be passed before the permit is issued.
  • New Smyrna Beach requires the following safety measures for STRs: smoke detectors, CO detectors, fire extinguisher, fire inspection, posted maximum occupancy, posted emergency contact, Egress maps posted in each bedroom, Working telephone landline or reliable cell coverage requirement.
Penalties4 rules
  • New Smyrna Beach enforces the following penalties for STR violations: First offense: $250 per day. Second offense: $500 per day. Third offense: Permit revocation and potential litigation. Daily fine: $250-$500. Maximum fine: Unlimited cumulative. Permit may be revoked for violations.
Exemptions3 rules
  • New Smyrna Beach exempts the following from STR regulations: long-term rentals (30+ days).
  • New Smyrna Beach: Rentals of 30+ days are generally NOT considered short-term rentals and may be exempt from STR regulations (but may have other requirements).

Frequently asked questions

5 answered

Disclaimer

Regulatory information is AI-researched from public city/county codes for educational purposes. Details may be outdated or incomplete. Always verify requirements directly with your city/county planning department before operating a short-term rental.

Researched & verified by Learn STR at GoStudioM

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