This page has been created to assist you with understanding the regulations with which you, as a Host, are to comply. misterb&b is not a legal adviser. We do not contend that the information provided here are exhaustive nor current. It is your duty to know and abide by the laws.
We highly recommend that you read the Orlando Ordinance on Short-Term Rentals (effective as of July 1st, 2018). We also recommend that you visit this FAQ on the City of Portland official website. You can reach the Planner of the City Planning Division at 407.246.2269 or e-mail them at firstname.lastname@example.org
Transient Rentals taxes
Several taxes may be assessed by the different jurisdictions, including :
- Orange County Tourist Development Tax (6% of the rent) : the County levies occupancy tax on guests staying in any accommodation for 6 months of less. Effective from June 2018, misterb&b collects, reports and remits this tax on behalf of its Hosts. It is paid by Guests, but collected and remitted by Hosts to the Orange County Comptroller. You can find explanations and more informations on this Orange County Comptroller page.
- Florida Sales Tax (6% of the rent) : the State levies sales tax on Guests staying in any accommodation for 6 months or less. It must be collected by the Hosts and reported to the Florida Department of Revenue. Remittance can be completed online after registration. Find more informations on this brochure.
Hosts conditions in Orlando
The City’s consolidated Land Development Code classifies uses less than 30-day as the following :
- Commercial Dwelling Unit : “room or rooms connected together and constituting a separate, independent unit, for an occupancy period of no less than 7 consecutive days and no more than 29 consecutive days, and containing independent cooking and sleeping facilities. Any unit occupied for less than 7 consecutive days shall be classified as a motel”.
- Hotel/Motel : “an establishment consisting of a group of attached or detached lodging units having bathrooms and designed primarily for transient automobile tourists”.
- Bed & Breakfast : “an accessory use in which a room(s) or lodging unit (or units) and "continental" breakfast service only is provided to guest clients, for lengths of stay ranging from 1 night to seasonal, by the owner of the principal structure living on-site”.
If your rental match with one this definition, you must respect the zoning requirements attached to the relevant category. Commercial dwelling units and Hotels/Motels are only allowed in certain zoning districts, residential zoning districts excluded. B&B may be possible in certain zoning districts (most multi-family residential districts, and non-residential areas). Refer to Chapter 58 of the Orlando City Code to check uses permitted in zoning districts.
If your residence is within a homeowners association (HOA), you should check whether there are further limitations on the use of the property through their particular HOA’s private Codes, Covenants and Restrictions (CC&Rs).
Rental permit process
- Florida transient public lodging establishment
Operating a short-term rental in the State of Florida may require to obtain a State licence, depending on the relevant category : hotel, motel, vacation rental, B&B… You should check the different categories : if one is relevant to your rental, you should apply to the corresponding licence. You can find definition and licensing process on this page on the Florida Department of Business and Professional Regulation official website.
- Orlando Business Licence
Operating a short-term rental in Orlando (commercial dwelling unit, B&B, hotel/motel) requires to obtain a Business Tax Receipt. The BTR is proof of payment of the business tax and so of business registration. The process can be completed online. For more information about the BTR process and supporting documents, see this page on the Orlando official website. You can contact City of Orlando on this issue at 407.246.2204 or BusinessTax@cityoforlando.net.
By operating a short-term rental, you must respect all municipal, county and State laws and keep tracks of your compliance.
- In particular, without limitation, pay special attention to complying with building security requirements (Code of Ordinances Chapter 9 and Florida Building Code).
- You should also review compliance with fire prevention regulations (Chapter 24) and noise disturbance requirements (Chapter 42).
- Please refer also to the Minimum Standards Code (Chapter 30A).
- You should check out the Orlando Code of Ordinances for reviewing relevant regulations.
Updated in May 2018