This page is only designed to give you an overview of the local requirements, but it is your duty to know and comply with the local laws. misterb&b is not a legal adviser : you should read carefully the relevant laws and contact a local adviser or the local authorities for further understanding.
Definition and zoning requirements
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).
Building requirements and minimum standards
Short-term rentals must also respect the regulations about, without limitation, buildings security (Chapter 9 of the Orlando Code of Ordinance and the Florida Building Code), fire prevention (Chapter 24), noise disturbance (Chapter 42). Refer also to the Minimum Standards Code (Chapter 30A). See the Code of Ordinances of the City of Orlando to check out compliance with those regulations and others.
Permit / Registration
- 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.
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 any accommodation rented for a period of 6 months of less. 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 Guest’ stays of 6 months or less. It must be collected by the Hosts and remitted to the Florida Department of Revenue : the remittance can be completed online after registration. You can find more informations on this Florida Department of Revenue page and on this brochure.
For more information about short-term rentals in Orlando, see this FAQ on the City of Orlando official website. You can call the Planner of the City Planning Division at 407.246.2269 or e-mail them at firstname.lastname@example.org