Florida · Davenport
Davenport
Short-term rentals are legal in Davenport. The city's Unified Land Development Regulations (Section 4.03.19) simply state that short-term rental units "are allowed per State of Florida statutes," and STRs are listed as Permitted with Conditions (PC) in every residential zoning district (Table 3.07.00(A)) — meaning permitted by right subject to district standards. The city imposes no separate STR-specific minimum stay, cap, or occupancy override. What operators must obtain is the state DBPR vacation-rental license, plus register for state sales tax (6% + 1% Polk surtax) and Polk County's 5% self-administered Tourist Development Tax, and hold a local Business Tax Receipt. Note: some third-party blogs describe a city "Vacation Rental Certificate" at $136.17 and a 7-day minimum stay; those claims could NOT be confirmed in any official city document and are consistent with neither the LDR nor Fla. Stat. 509.032(7)(b) preemption, so they are not asserted here.
Not legal advice. Last verified 2026-07-02 · sources linked below.
Requirements checklist
-
state Florida DBPR Vacation Rental License (Dwelling or Condominium) Required
-
state Florida Department of Revenue sales & use tax registration (transient rental) Required
-
county Polk County Tourist Development Tax account (Polk County Tax Collector) Required
-
city City of Davenport Business Tax Receipt (BTR) Required
Taxes
| Tax | Rate | Administered by | Airbnb remits | Vrbo remits |
|---|---|---|---|---|
| Florida state transient rental sales tax | 6% | Florida Department of Revenue | Yes | No |
| Polk County discretionary sales surtax | 1% | Florida Department of Revenue | Yes | No |
| Polk County Tourist Development Tax (TDT) | 5% | Polk County Tax Collector (self-administered county) | — | No |
Operating rules
- Primary residence
- No
- Min stay (nights)
- —
- Max nights / year
- —
- Max occupancy
- —
- Zoning-restricted
- Yes
- Cap on licenses
- —
Grandfathering: No Davenport pre-June-1-2011 STR ordinance identified; the city's LDR expressly defers to state statutes, so no grandfathered duration/frequency restriction applies.
Zoning: Short-term / vacation rentals are listed as PC (Permitted with Conditions) in every residential zoning district in Table 3.07.00(A) (AG, TN-1, TN-2, RE-1, RE-2, R-1, R-2, R-3, R-4, R-5, MF, MH-1, MH-2). PC means 'permitted by right provided that the use adheres to the standards prescribed for the zoning district and is in accordance with supplemental standards and regulations as prescribed in Section 4.03.00.' The supplemental standard (Section 4.03.19) states STRs 'are allowed per State of Florida statutes,' so there is no city-imposed minimum stay, night cap, or occupancy override — the city defers to state law and Fla. Stat. 509.032(7)(b) preemption.
- City of Davenport Unified Land Development Regulations, Section 4.03.19: 'Short term rental units are allowed per State of Florida statutes.'
- Third-party rental-management blogs assert a City of Davenport 'Vacation Rental Certificate' at $136.17 initial / $36.70 renewal and a 7-day minimum stay. These claims were NOT found in any official City of Davenport document (the only 'Rental Packet' on mydavenport.org is for Event Center / banquet-hall facility rentals, not dwelling STRs) and a 7-day minimum would conflict with Fla. Stat. 509.032(7)(b) preemption absent a grandfathered pre-2011 ordinance. Treated as unverified and not asserted.
- LDR most recently updated March 2, 2026 via Ordinance 1396; base LDR adopted April 15, 2019 via Ordinance 874.
Enforcement
- Active enforcement
- unknown
- Fines
- —
- Notes
- No official City of Davenport enforcement schedule (fines, suspension periods) for short-term rentals could be confirmed firsthand. Third-party blogs describe first-violation fines of $500 and 30-90 day registration suspensions, but these are unverified against any official city ordinance or code section and are not asserted. State-level enforcement runs through DBPR licensing. Because the city's LDR defers STRs to state statutes and imposes no separate STR permit, code-enforcement exposure is primarily via the general LDR/zoning conditions and state DBPR requirements.
Official sources
- ordinance City of Davenport Unified Land Development Regulations (adopted 4/15/2019 via Ord. 874; updated 3/2/2026 via Ord. 1396) — Section 4.03.19 Short-term Rental Units; Table 3.07.00(A) ↗ checked 2026-07-02 · changed 2026-03-02
- gov_page City of Davenport, FL — Land Development Regulations (LDRs) / Development Review page (links to current LDR PDF) ↗ checked 2026-07-02
- gov_page Polk County Tax Collector — Tourist Development Tax (TDT) 5%, self-administered ↗ checked 2026-07-02
- gov_pdf Florida DOR Form DR-15TDT — Local Option Transient Rental Tax Rates (Polk 5.0% County) ↗ checked 2026-07-02
- gov_pdf Florida DOR Form DR-15DSS (2026) — Discretionary Sales Surtax Rates (Polk 1%) ↗ checked 2026-07-02
- gov_page Florida DBPR — Vacation Rental / Transient Lodging licensing guide ↗ checked 2026-07-02
- gov_page City of Davenport — Business Tax Receipts (all businesses inside city limits pay an annual Business Tax; City + Polk County BTRs required) ↗ checked 2026-07-02
- statute Fla. Stat. 509.032(7)(b) — state preemption of local vacation-rental duration/frequency regulation ↗ checked 2026-07-02
- gov_pdf Florida DOR GT-800034 — Sales and Use Tax on Rental of Living or Sleeping Accommodations (6% transient rental tax) ↗ checked 2026-07-03
- reference Airbnb occupancy-tax collection in Florida (reference only; not scraped — industry sources indicate Polk is now an Airbnb TDT-agreement county, unconfirmed against an official source) ↗ checked 2026-07-02
- reference City of Davenport Code of Ordinances (Municode; human-clickable reference, not scraped/monitored) ↗ checked 2026-07-02
Informational summary of publicly available sources; not legal advice. Verify against the linked official sources.