Primary-Residence-Only Rule
Lee County cannot require a vacation rental to be the owner's primary residence. Florida preempts local rules restricting vacation rentals based on use or occupancy (FS 509.032(7)(b)), so non-owner-occupied, whole-home, and investor rentals are all lawful in the unincorporated area, subject only to the state license and bed tax.
No Primary-Residence Requirement for Lee County STRs
Some RestrictionsFS 509.032(7)(b)
A local law, ordinance, or regulation may not prohibit vacation rentals or regulate the duration or frequency of rental of vacation rentals. This paragraph does not apply to any local law, ordinance, or regulation adopted on or before June 1, 2011.