499 US markets · 1910 official sources cited

Short-term rental rules · Polk County, Florida

Short-term rentals in Polk County, explained properly.

These rules cover only unincorporated Polk County, where the County is the regulator under Section 303 of its Land Development Code; an address inside a city is not covered, and a mailing-address town name such as Davenport does not show which side of the line a home is on. Short-term rentals are not allowed everywhere. They are a permitted use in the subdivisions listed in the Code's table (16 subdivisions in Northeast Polk County), and any other subdivision, Planned Development or individual home needs a Level 3 Review under Section 906. Approval covers a whole subdivision or phase rather than a single home, and deed restrictions still apply. Every rental must be registered with the County each year, each management company needs an annual County occupational tax receipt, and a state Chapter 509 licence is required. Operating rules include two covered trash containers, a 24-hour management contact, no tour or charter buses in residential areas and a signed notice for each renting group. We haven't reviewed Ordinances 2026-044 and 2026-038, which amend Section 303, the zoning use table (Table 2.1), the Code's definitions or the registration fee, so confirm approval and zoning for an address with the County before you buy.

27 rule fields6 cited sources

Watch Polk County for rule changes · See every source

At a glance

What you need to know before you buy or list

QuestionAnswer
Are short-term rentals allowed?Conditional: only where the County has approved them. A short-term rental is a permitted use in the subdivisions listed in the Code's table (16 subdivisions in Northeast Polk County); every other subdivision, Planned Development or individual home needs a Level 3 Review first. We haven't reviewed the zoning use table (Table 2.1), the Code's definitions chapter, or Ordinances 2026-044 and 2026-038, which amend Section 303, so confirm approval and zoning for an address with the County before you buy. [1] [2] [3] Clause 1 Clause 2 Clause 3Confirming
Is a short-term rental registration required?Yes: every short-term rental must be registered each year with the Polk County Land Development Division, and each management company must hold an annual County occupational tax receipt (one receipt covers all the properties it manages). A state Chapter 509 licence is also required. The registration fee is set by Board of County Commissioners resolution and we haven't reviewed the amount. [1] ClauseConfirming

Watch this market

Want to know when Polk County's rules change?

We watch Polk County's official rule pages, council agendas and Florida legislation. When a change affecting short-term rentals is proposed or passed, we email you what changed, when it takes effect, and a link to the source.

Alerts are free. Own in several cities? Pro will track every rule for your whole portfolio.

No spam. Unsubscribe anytime. See our privacy policy.

Detailed rules

The full picture, section by section

Eligibility & zoning

Is a Level 3 Review required to allow short-term rentals?Yes: Section 303 requires a Level 3 Review under Section 906 unless the Section provides otherwise. Excluded: the subdivisions in the Code's table, where short-term rentals are a permitted use, and the limited group of homes that can go straight to the Board of County Commissioners for parcel-by-parcel review after a public hearing. [1] ClauseConfirming

A Level 3 Review is how three kinds of applications are handled: an existing subdivision (any lot owner may apply for the whole subdivision), a modification of a Planned Development, and a home outside any subdivision or Planned Development (one home at a time). For a subdivision application the County gives mailed notice to every lot owner in the subdivision, every lot owner in any subdivision whose boundaries are within 250 feet, and every lot owner in any subdivision whose roads provide access or which shares a common access road, security gate or other common facility. The Board weighs, along with the Section 906 factors, the ratio of short-term rentals to total lots, any deed restrictions, the required setbacks between dwellings, the steps taken to tell buyers whether rentals are allowed, and any other compatibility factor. The Section 906 process and fees, and whether the table subdivisions need any separate zoning step under Table 2.1, haven't been reviewed.

Which subdivisions does the Code list as approved for short-term rentals?Sixteen Northeast Polk County subdivisions are listed: Polo Park, Lone Pine, International Bass Lake Resort, Lakeside at Bass Lake, Davenport Lakes, Loma Vista, Loma Linda, Bently Oaks, Westridge, Robbins Rest, Sunridge Woods, Oakpoint, Briargrove, Thousand Oaks, Pinewood Country Estates, Bridgewater Crossing. [1] ClauseConfirming

The table is captioned "Subdivisions in Northeast Polk County Approved for Short-Term Rental Units" and gives, for each, the approved phases (where the subdivision is only partly approved) and a lot count. Phases shown: Polo Park 1-B, 2, 3-A, 3-B; Lone Pine 2, 3; International Bass Lake Resort 1; Davenport Lakes 1, 2, 3, 5; Loma Vista 1, 2; Loma Linda 1, 2, 3; Westridge 1, 2, 3, 4; Sunridge Woods 1, 2, 3; Briargrove with its 1st, 2nd and 3rd Additions; Thousand Oaks 1, 2; Pinewood Country Estates 1, 2, 3, 4; Bridgewater Crossing 1, 2. The other subdivisions show no phase limit. The Code text calls the table "Table 3.3" and the caption says "Table 3.5". The table is the Code's own list as of the Municode update of August 26, 2026; approvals granted through a Level 3 Review after the table was written may be recorded elsewhere, so confirm a specific subdivision with the County Land Development Division.

Can a single home in a subdivision be approved for short-term rental on its own?No: approval covers the whole subdivision or Planned Development, or a distinct phase of it. An individual home inside a subdivision cannot be used as a short-term rental unless its subdivision, Planned Development or phase is approved. Exception: homes with a building permit or sale contract in the nine months before the 1998 date in Subsection 1.d can ask the Board of County Commissioners for parcel-by-parcel review. Homes outside subdivisions and Planned Developments apply one at a time. [1] ClauseConfirming

Short-term rentals may be authorized in part of a subdivision or Planned Development only for a distinct phase or phases; the applicant must name the phases and provide buffering between phases that allow rentals and phases limited to permanent residences. The same one-approval-for-the-whole-subdivision principle appears again in the operating requirements (the status applies to the entire subdivision) and in the non-conforming rules. The Board review route in Subsection 1.d covers homes with a building permit issued, or a lot with a sale contract or closing, in the nine months before a 1998 date, whether or not rental activity had begun; the published text drops the month from that date ("17, 1998"), and Subsection 5.a elsewhere refers to September 17, 1998. Homes outside subdivisions and Planned Developments use a Level 3 Review on a dwelling-by-dwelling basis. We haven't reviewed Ordinances 2026-044 and 2026-038, which amend Section 303.

Can deed restrictions still bar short-term rentals in a subdivision the County has approved?Yes: nothing in Section 303 affects the validity or enforcement of deed restrictions or similar instruments that prohibit short-term rentals, whether explicitly or implicitly. County approval does not override them. [1] ClauseConfirming

The same sentence appears twice, once in the authorization subsection and once in the non-conforming subsection. The factors the County weighs for a subdivision application include whether deed restrictions exist that permit or prohibit short-term rentals. The Code also requires the plat, deed restrictions (or similar instruments) and a recorded Notice of Short-Term Rentals for subdivisions platted after the Code took effect to state that rentals are allowed.

Must a seller tell a buyer that short-term rentals are allowed in the subdivision?Yes: before a contract for sale and purchase of any lot (improved or not) in a subdivision where short-term rentals are authorized, the seller must give the buyer written notice. The notice carries a sworn, signed and dated statement from the seller and one from the buyer, and both receive a signed copy. [1] ClauseConfirming

This duty applies to the original applicant and to any later owner who sells. Separately, in newer subdivisions the plat must carry a conspicuous note, the deed restrictions must say rentals are allowed and give the Code's definition, and a "Notice of Short-Term Rentals" must be recorded in the public records, with a copy given to the Land Development Division within ten days of Board approval of the plat or before any lot is sold, whichever comes first. For subdivisions platted before the Code took effect that still have unsold lots, the recorded Notice had to reach the Division within 60 days of the effective date. The notice is also posted in the sales office, if any, and included in all sales literature.

Can an existing short-term rental keep grandfathered (non-conforming) status?No: the grandfather period for rentals operating in 1998 ended in 2008, after which a home may not be used as a short-term rental unless new approval is obtained, and a sale of the home ended its status earlier. [1] ClauseConfirming

Homes used as short-term rentals on, or in the year before, a 1998 date could keep operating until 2008 without the approval otherwise required, if documentation was filed and the unit registered on or before September 17, 1998 (the published text drops the month from several dates in this subsection, so we have not filled them in). Documentation meant sales receipts, licences and proof that taxes were paid. After the period ended the home needs new approval, and a home inside a subdivision or Planned Development that does not qualify cannot rent unless the whole subdivision, Planned Development or phase is approved. While the status lasted, a sale of the home ended it, occupancy was capped at eight persons per unit where side or rear yard setbacks were under seven feet (otherwise two persons per enclosed bedroom plus two, up to 12), and units in subdivisions without formal approval were limited to guest stays of at least seven days. A false statement in a non-conforming status application is a second-degree misdemeanor.

How does the County define a short-term rental?A dwelling unit made available more than three times a year for periods of fewer than 30 days or one calendar month at a time, whichever is less, for use, occupancy or possession by the public, as worded in the notice the Code requires. [1] Clause

Timeshares, vacation rentals and holiday rentals that meet this definition are examples. A subdivision may adopt a more restrictive definition in its notice. The Code's Chapter 10 definitions haven't been reviewed, so confirm the controlling definition with the County.

Registration, license & operating rules

Must the owner live on the property?No: the Code runs rentals through a management company. Every registration names the management company managing the unit and a number for its representative, available 24 hours a day, and the owner or the owner's agent files it. The owner and the management company are jointly responsible for violations. [1] ClauseConfirming

Registration is filed by "the owner of a short-term rental or the owner's agent" and must identify the management company and a 24-hour representative. Both the owner and the management company must keep the registration information current and both answer for violations of the operating requirements.

Is a County occupational tax receipt required for a management company?Yes: each management company that manages one or more short-term rentals must obtain a Polk County occupational tax receipt every year. One receipt covers all the properties the company manages, and a copy must be displayed on the back of each unit's main entrance door. [1] ClauseConfirming

The receipt is held by the management company, not by each property. The receipt amount and the renewal date haven't been reviewed.

Is a state Chapter 509 licence required for a short-term rental?Yes: short-term rentals must be licensed under Florida Statutes chapter 509 and operated in compliance with the chapter's public lodging requirements. A copy of the licence must be displayed on the back of the main entrance door, and registration with the County requires a copy of the Chapter 509 licence for the management company. [1] ClauseConfirming

This matches the state layer on this page, which describes the Department of Business and Professional Regulation vacation rental licence. The County Code also requires compliance with all other applicable local, state and federal regulations.

Must a management company provide a 24-hour contact?Yes: each registration must give a number where a management company representative can be reached 24 hours a day (a published local number or a toll-free number). Each management company operating within a subdivision must also post that number in the clubhouse or another common building if space for notices is available. [1] ClauseConfirming

The same number must appear in the occupant notice handed to each renting group. The management company and the owner share responsibility for keeping the number on file with the Land Development Division current.

What must be posted on the unit's entrance door?On the back of the main entrance/exit door: a copy of the state Chapter 509 licence, a copy of the management company's County occupational tax receipt, and the notice to occupants. [1] Clause

The notice to occupants is also handed to each renting group when the rental contract is signed.

Must each renting group receive a written notice of local rules?Yes: at the time of the rental contract each group receives a notice in the Code's form, and a representative of the group signs and dates a statement that he or she has read and understands it. It must be in the representative's language, in bold type of at least 12 point. [1] ClauseConfirming

The notice covers trash, noise (it is unlawful in Polk County to create noise that unreasonably interferes with neighbours' comfortable enjoyment of their property), dogs (leashed or under direct control outside the unit) and clothing in public view. It names the management company and its 24-hour number. The notice may be made stricter to match homeowner association or owner restrictions.

What trash containers must a short-term rental have?At least two covered, watertight trash containers per rental. Trash may not be stored so that it ends up on public property or a neighbour's property or becomes a nuisance. [1] Clause

The required notice to occupants repeats this, tells guests to put trash out by 7:00 a.m. on collection days, and says trash must be disposed of at least twice a week.

Can tour or charter buses load, unload or park in a subdivision's residential areas?No: loading, unloading and parking of tour or charter buses are not allowed in the residential areas of a subdivision. A bus is any vehicle seating more than 15 adults. School buses and public buses are exempt. [1] ClauseConfirming

This is one of the operating requirements that apply to every short-term rental.

Is a vegetative buffer required around a short-term rental project?Yes: the applicant must provide a vegetative buffer along all boundaries of the proposed project to separate short-term rental units from single-family homes not approved for short-term use. Short-term rental use is a Class 3 use under Section 720 and must meet that Section's buffer requirements. [1] ClauseConfirming

The Section 720 buffer standards haven't been reviewed, so the width and planting requirements aren't shown here. The buffer is an application requirement for a project, so it falls on the applicant rather than on each home.

Who is responsible for violations of the operating rules?Both the management company and the owner, jointly and severally. [1] Clause

This applies to the whole operating requirements subsection, including rentals with non-conforming status.

Taxes & fees

Hotel and motel taxes and feesShort-term rental units are responsible for all required hotel/motel taxes and fees. The County tourist development tax rate hasn't been reviewed yet, so no rate is shown here; see the state tax rules below. [1] Clause

The rate and filing details come from the County's tourist tax rules and the Florida Department of Revenue, which this page covers only through the state rules below.

Penalties & enforcement

Enforcement and penaltiesThe Sheriff's Office can write incident reports on violations of Section 303 and testify before the Polk County Code Enforcement Board. A false statement in a non-conforming status application is a second-degree misdemeanor (fine up to $500, up to 60 days in jail), and the status is revoked. Fine amounts for operating violations haven't been reviewed. [1] Clause

Each application with false information counts as a separate violation. The Code Enforcement chapter and its fine schedule are outside the section we reviewed.

State law that also applies

Can local governments ban vacation rentals?No new bans; older local rules may still apply [3] Clause

Florida Statutes § 509.032(7)(b) says a local law, ordinance or regulation may not prohibit vacation rentals or regulate how long or how often they are rented. Local rules adopted on or before June 1, 2011 are exempt from this limit, so some older local rules on rental length can still apply. Section 509.032(7)(a) also reserves the regulation of public lodging establishments (sanitation, inspections and similar matters) to the state, while local governments keep building-code and fire-code inspections. Local governments can still require registration and set other rules that do not ban rentals or limit their length or frequency.

State vacation rental license required?Yes — DBPR vacation rental license for whole-unit rentals [4] Clause

The Florida Department of Business and Professional Regulation (DBPR), Division of Hotels and Restaurants, licenses vacation rentals. A license is needed when an entire unit is rented more than three times in a calendar year for periods of less than 30 days or one calendar month, whichever is less, or when the unit is advertised or held out to the public as a place regularly rented to guests. Houses, townhouses and buildings of up to four units take a Vacation Rental – Dwelling license; condominium and cooperative units take a Vacation Rental – Condominium license. Renting single rooms rather than the whole unit does not need a DBPR license, though local rules may still apply. Current licenses must be displayed in a conspicuous place on the premises.

State vacation rental license fee$50 application + $10 education fee + license fee ($170/year for a single unit) [4] Clause

New DBPR vacation rental applications pay a $50 application fee, a $10 Hospitality Education Program fee and a license fee. For a single rental unit the full-year license fee is $170 (half-year $90); group licenses for 2 to 25 units are $180 (half-year $95), with higher tiers for more units. Renewals pay the $10 education fee plus the full-year license fee. Renewal and half-year dates depend on the county's DBPR district.

State sales tax registration required?Yes — register with the Florida Department of Revenue [5] Clause

Anyone who rents, leases, lets or grants a license to use transient accommodations must register with the Florida Department of Revenue to collect, report and remit sales tax.

State sales tax on short stays6% plus any county surtax [5] Clause

Florida's 6% state sales tax, plus any applicable county discretionary sales surtax, applies to rent paid for living, sleeping or housekeeping accommodations rented for six months or less.

County tourist development taxSet by each county; most counties collect it directly [6] [5] Clause 1 Clause 2

Counties (and certain cities) may add a local option transient rental tax, such as a tourist development tax, on rentals of six months or less, on top of the 6% state sales tax and any surtax. The Department of Revenue's rate table lists each county's rate and who collects it. Most counties administer the tax themselves, and in those counties it is reported and paid directly to the county rather than to the state.

Changes

Recent and pending changes

We checked the Polk County Land Development Code on Municode (version of August 26, 2026, codified through Ordinance 2026-024, Supplement 12): the title page, Chapter 3 Section 303 (Short-term Rental Units, revised 5/20/09 by Ord. 09-023) with its subdivision table, and the Adopted Ordinances Not Yet Codified list (Ordinances 2026-031 through 2026-070). Two listed ordinances adopted June 16, 2026 (2026-044 and 2026-038) amend Section 303 for other uses, and 2026-038 also amends Table 2.1 and the Chapter 4 use tables; neither title names short-term rentals, and we haven't reviewed their text or effective dates. We also haven't reviewed the zoning use table (Table 2.1), the Chapter 10 definitions, Sections 906 and 720, the registration fee resolution, the occupational tax receipt fee, the tourist development tax or any Board of County Commissioners agendas, so we will watch the Code for changes.

Jun 16, 2026
Ordinances 2026-044 and 2026-038 amend Section 303 (not yet codified)Enacted [2] Clause

The County's not-yet-codified list shows Ordinance 2026-044 and Ordinance 2026-038, both adopted June 16, 2026, as amending Section 303 of Chapter 3 (Criteria for Conditional Uses) for other uses (high intensity recreation, and office-center uses such as childcare centers and restaurants). Ordinance 2026-038 also amends Table 2.1 and the Chapter 4 use tables. Neither title names short-term rentals. We haven't reviewed the ordinance text or effective dates, so we can't say whether they change the short-term rental rules.

Sources

Every rule above links to one of these

Newsletter

Not tracking Polk County specifically?

One email a month with STR rule changes across the US markets we track.

No spam. Unsubscribe anytime. See our privacy policy.

Questions

Managing properties in several cities?

Tell us what you're trying to decide and which markets you operate in. We read every message.

Email [email protected]

Spot something wrong or out of date? Report a correction

This page is general information compiled from public sources, not legal or tax advice. HOA rules, deed restrictions and zoning for a specific property can be stricter. Confirm with the local permitting office and a qualified professional before buying or listing a property.