Polk County does not impose its own occupancy cap on short-term rentals because Fla. Stat. 509.032(7)(b) preempts local STR-specific occupancy rules adopted after June 1, 2011. Maximum occupancy is set on the Florida DBPR vacation rental license issued under Fla. Stat. 509.241.
Florida Statute 509.032(7)(b) bars cities and counties from passing ordinances that specifically regulate vacation rentals (including occupancy caps) unless the rule was in place before June 1, 2011. Polk County had no pre-2011 STR-specific occupancy ordinance, so the maximum guest count is the figure listed on the DBPR vacation rental license under Fla. Stat. 509.241 plus the Florida Fire Prevention Code limits for a single-family residence. Polk County also adopted Ordinance 25-0415, which permanently prohibits short-term rental use of accessory dwelling units (ADUs) - a structural restriction allowed because it applies to all dwellings of that type, not only STRs.
Operating without the DBPR-listed occupancy on file is a state licensing violation enforceable by DBPR with fines up to $5,000. Occupancy that creates noise or parking violations is enforceable separately under Polk County Code Ch. 10.5 and code enforcement.
Polk County, FL
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Polk County, FL
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Polk County, FL
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Polk County, FL
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Polk County, FL
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Polk County, FL
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See how Polk County's occupancy limits rules stack up against other locations.
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