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
Polk County Code of Ordinances Chapter 10.5, Article IV (Noise Disturbance), adopted via Ord. 14-030, restricts unreasonable noise. Construction noise is per...
Polk County, FL
Under the Polk County Land Development Code, residential fences up to eight feet are generally allowed without special review. Solid fences over eight feet r...
Polk County, FL
Polk County Animal Control Ordinance 18-068 (Code Chapter 4, Article II) prohibits dogs from running at large. Owners must keep dogs under direct control by ...
Polk County, FL
Polk County Code of Ordinances Chapter 7, Article IV (Section 7-65) generally prohibits the sale, retail offering, use, or explosion of fireworks within the ...
Polk County, FL
Polk County administers a Flood Damage Prevention Ordinance and participates in the FEMA National Flood Insurance Program (NFIP) and Community Rating System ...
Polk County, FL
Polk County follows the Florida Residential Swimming Pool Safety Act (F.S. Chapter 515) and the Florida Building Code. Residential pools must have at least o...
Side-by-side rule comparisons with other cities in Polk County.
See how Winter Haven's occupancy limits rules stack up against other locations.
Help us keep this page accurate. If you notice an error or outdated information, let us know.