By Tyler Landon. Updated November 2, 2026.
Sometimes, but never on the state rule alone. Florida limits how far local governments can go in banning vacation rentals, yet a home still needs zoning that allows it, community documents that allow it, a state license and tax accounts. Check all of it for the exact address before you buy.
What does Florida law say about local bans?
Section 509.032(7) of the Florida Statutes says a local law, ordinance or regulation may not prohibit vacation rentals or regulate how long or how often they're rented. That limit doesn't apply to local rules adopted on or before June 1, 2011, so some older local rules still count. The 2026 Florida Statutes carry this text.
In 2024 the Legislature passed CS/SB 280 on vacation rentals, and the Governor vetoed it on June 27, 2024. Note that the state rule covers local laws, not an HOA's recorded documents.
Do you need a state license?
Usually. The Division of Hotels and Restaurants at the Florida Department of Business and Professional Regulation (DBPR) licenses vacation rentals in two classes:
- Condominium: a unit or group of units in a condominium or cooperative.
- Dwelling: a single-family house, a townhouse, or a unit in a building with four or fewer units.
The division's guide says renting a whole unit needs a license if it's rented more than three times in a calendar year for periods under 30 days or one calendar month, whichever is less, or if it's advertised or held out as regularly rented to guests. Renting single rooms doesn't need the state license, though local rules can still apply.
Applications go in online, with a $50 application fee, a $10 Hospitality Education Program fee, and a license fee based on the number of units and when you apply.
What taxes apply to short stays?
At least two layers, on top of your property taxes.
State sales tax. The Florida Department of Revenue says anyone collecting rent for living, sleeping or housekeeping accommodations for periods under six months must register each of those rentals. The state rate is 6%, plus any county discretionary sales surtax, and it's always paid to the state.
County tourist development tax. Counties add their own tax on rentals of six months or less. Here's what the department's rate table (revised October 2026) shows:
| County | Local rate on the state table | Register with |
|---|---|---|
| Osceola | 6% | Osceola County Tax Collector |
| Orange | 6% | Orange County Comptroller |
| Polk | 5% | Polk County Tax Collector |
| Lake | 4% | Lake County Tax Collector |
In all four counties, the county collects this tax directly. The department notes that not every county tells it about rate changes, so confirm the rate with the county.
Does zoning still matter?
Yes. Two county pages spell it out:
- Osceola County: The county tells owners to first confirm that zoning allows short-term rentals by checking its short-term rental overlay map (Land Development Code Article 3.12.2). It also has a Short Term Rental Planned Development (STRPD) zoning district for short-term rental housing in a defined area. Its listed steps: verify zoning, get the DBPR license, register a Local Business Tax Receipt with the Tax Collector, and check any subdivision or planned development rules.
- Orange County: The Zoning Division says short-term rental, meaning a stay of 179 days or less, is allowed only in the C-1, C-2, C-3, I-1A, I-1/I-5, I-2/I-3 and I-4 districts, or in a Planned Development that expressly permits it. Renting a single-family home for less than 30 days is allowed only in R-3. Both are prohibited in every other district.
For Polk and Lake, and for any home inside city limits, ask that county or city planning office how its rules apply to the parcel.
What about HOA and deed restrictions?
A community's recorded documents can limit rentals even where zoning allows them. Under section 720.306, an HOA rental restriction adopted after July 1, 2021 generally binds only owners who take title after it passes or who agree to it. Two kinds of amendment apply to every owner: one that restricts rentals of less than six months, and one that bars renting a home more than three times a year.
So read everything already recorded before you close, and know that those two kinds of amendment could still be added later. If it's a condo, read the declaration too.
Tyler's note: [one or two sentences on what you see when buyers check rental rules before an offer]
What should you check before you make an offer?
- The parcel's zoning, confirmed with the county or city.
- The recorded declaration, covenants, amendments and HOA rules.
- Whether the home fits a DBPR vacation rental license class.
- The state sales tax and county tourist tax accounts you'd need.
- Any local business tax receipt the county requires.
This isn't legal or tax advice; an attorney or tax professional can apply the rules to you. I don't project rental income. For ongoing costs, see HOA and CDD fees.
Want help checking a specific home?
Browse homes near Disney World, then call me with the address. I'll help you pull the zoning and recorded documents before you're under contract.
Sources
- Section 509.032, Florida Statutes (2026), local laws and vacation rentals, checked November 2, 2026
- Florida Senate, CS/SB 280 (2024), Vacation Rentals, bill history, checked November 2, 2026
- DBPR Division of Hotels and Restaurants, vacation rental licensing guide, checked November 2, 2026
- Florida Department of Revenue, Registering Your Business (DR-1N, R. 01/26), checked November 2, 2026
- Florida Department of Revenue, Local Option Transient Rental Tax Rates (DR-15TDT, R. 10/26), checked November 2, 2026
- Osceola County Tax Collector, Tourist Development Tax, checked November 2, 2026
- Orange County Comptroller, Tourist Development Tax, checked November 2, 2026
- Polk County Tax Collector, Tourist Development Taxes, checked November 2, 2026
- Lake County Tax Collector, Tourist Development Tax, checked November 2, 2026
- Osceola County, STRPD district and short-term rental steps, checked November 2, 2026
- Orange County Zoning Division, checked November 2, 2026
- Section 720.306, Florida Statutes (2026), HOA rental amendments, checked November 2, 2026