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Marion County, FL Short-Term Rentals: Occupancy Limits (2026)

Few Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified June 2026

Key Facts

Code Section
Fla. Stat. s. 509.032(7)(b)
STR Occupancy Cap
None county-specific
Preemption Date
June 1, 2011

Summary

No Marion County ordinance sets a vacation-rental occupancy cap; Florida law bars counties from limiting STR occupancy unless the limit applies equally to all residential properties.

These county ordinances apply to unincorporated areas of Marion County. Incorporated cities within the county may have their own rules that take precedence over county-level regulations.

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.

Full Breakdown

Unincorporated Marion County has not adopted a vacation-rental-specific occupancy standard. Under section 509.032(7)(b), Florida Statutes, a local law, ordinance, or regulation may not prohibit vacation rentals or regulate the duration or frequency of rental of vacation rentals (except ordinances adopted on or before June 1, 2011). Florida counties may set maximum-occupancy rules only if they apply uniformly to all residential dwellings rather than singling out vacation rentals. Because Marion County's residential zoning classifications govern dwelling use generally, any occupancy limit derives from generally applicable building, health, and fire-life-safety codes rather than from an STR-specific rule.

Violations & Fines

There is no STR-specific occupancy penalty; generally applicable building- and fire-code occupancy limits are enforced by code enforcement and the fire marshal.

Frequently Asked Questions

Is there a guest limit for short-term rentals in Marion County?
No Marion County ordinance sets a vacation-rental-specific guest cap. Under s. 509.032(7)(b), occupancy limits may only be imposed if they apply uniformly to all residential properties, not just vacation rentals.
Can the county pass a new STR occupancy rule?
Only a generally applicable occupancy standard is permitted; STR-specific occupancy limits adopted after June 1, 2011 are preempted by Florida law.

Sources & Official References

Other rules in Marion County

All Marion County rules

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