Does Aquamara fall under city or county rules?
Both. The land is inside Davenport: Ordinance 1354, which created the Sand & Silica Community Development District at the request of Pulte Home Company, describes the area as "situated entirely within the incorporated limits of the City of Davenport" (Ordinance 1354). No official document uses the Aquamara name, but the petitioner, the 287.90-acre footprint and the land seller all line up with the project.
In practice, the city handles zoning and its own business tax receipt. Polk County handles the county receipt and the tourist tax, which applies countywide. The state, through the DBPR, issues the lodging license.
Sources: City of Davenport, Ordinance 1354 (Sand & Silica CDD)
What do Davenport's land development rules say about short-term rentals?
Davenport's Land Development Regulations, in the March 2, 2026 edition, cover the topic in Section 4.03.19 with a single line: "Short term rental units are allowed per State of Florida statutes." In use table 3.07.00(A), "Short Term Rentals (Vacation Rentals)" is listed as PC (permitted with conditions) in every residential district, R-5 included (Davenport LDR, pp. 3-8 and 4-30).
R-5 matters because the PUD approved for the site under Ordinance 1321 uses that district's requirements as its baseline, apart from listed exceptions (Ordinance 1321, Exhibit C). For short-term rentals, the "conditions" boil down to following state law; the LDR adds no requirements of its own.
I also searched Davenport's Code of Ordinances, codified through Ordinance 1447 (adopted April 20, 2026), for "vacation rental" and got zero results (Municode). A blank search doesn't prove a rule doesn't exist, but I found no city ordinance creating a separate vacation rental registration. If someone tells you about an extra city requirement, ask for the ordinance number.
Sources: City of Davenport, Land Development Regulations (3-2-26) · City of Davenport, Ordinance 1321 (PUD) · Davenport Code of Ordinances, Municode (as of November 14, 2026)
Which state license class applies to a resort vacation home?
Florida defines a vacation rental as a condo or co-op unit, or a one- to four-family house, used as transient public lodging and not a timeshare (Florida Statutes §509.242). The DBPR issues two classes: Vacation Rental – Condominium for condo and co-op units, and Vacation Rental – Dwelling for single-family houses, townhouses and buildings of up to four units. Aquamara's single-family homes and townhomes fall under Dwelling.
Each class can be licensed three ways:
- Single: the owner holds the license directly, with no agent.
- Group: an agent licenses units within one complex.
- Collective: an agent licenses units at separate locations, up to 75 units, all in the same DBPR district.
The DBPR's "licensed agent" does not need a real estate license. The division's guide explains that the agent's authority can take the form of a rental or management agreement between owner and agent (DBPR vacation rental guide). A license is required once the entire unit is rented more than three times per calendar year for less than 30 days or one month, or is advertised that way.
Sources: Florida Statutes 2026, §509.242 · DBPR, Vacation Rental and Timeshare Projects guide
What does a DBPR license cost, and when does it renew in Polk?
| Item | Amount | When it applies |
|---|---|---|
| Application fee | $50 | New application only |
| Hospitality Education Program (HEP) fee | $10 | New application and every renewal |
| Single license, 1 unit, full year | $170 | New application and annual renewal |
| Single license, 1 unit, half year | $90 | Applications from August 1 in Polk |
| Annual renewal in Polk (District 3, Tampa) | HEP + full-year fee | Due February 1 |
Polk County is in DBPR District 3, based in Tampa. Licenses renew every year on February 1, and applications from August 1 onward pay the half-year fee (DBPR guide, Table 1). State law caps total license fees at $1,000 per establishment, not counting application and delinquency fees, and leaves the actual amounts to division rule (§509.251). Check the current fee table on the DBPR site when you apply.
Sources: DBPR, Vacation Rental and Timeshare Projects guide (fees and districts) · Florida Statutes 2026, §509.251
Which business tax receipts come after the state license?
- Polk County, Class B: one receipt per short-term rental location, with proof of the DBPR license required first. Owners who hand the rental over entirely to a manager with a valid receipt are exempt (Polk County Tax Collector).
- City of Davenport: an annual receipt for any business inside city limits. The city says receipts from both the city and the county are required (City of Davenport, Business Tax).
The city application asks for the DBPR license number, the Polk County receipt number and HOA approval where applicable (Davenport BTR application). So the order runs state, county, city. In a resort with an association, HOA sign-off is part of the process, and Aquamara's association rules have not been released yet.
Sources: Polk County Tax Collector, real estate property rentals · City of Davenport, BTR application
Can Davenport or Polk County ban vacation rentals?
No. Florida Statutes §509.032(7)(b) says local laws "may not prohibit vacation rentals or regulate the duration or frequency of rental of vacation rentals," with an exception for local rules adopted by June 1, 2011. The section's history ends at chapter 2016-86, so nothing passed from 2024 through 2026 changed that preemption (§509.032).
In 2024, SB 280 would have allowed mandatory local registration with a $150 fee cap, among other changes. The governor vetoed it on June 27, 2024, and none of it became law (SB 280, Florida Senate). In the 2026 session, pool-safety bills for vacation rentals such as SB 658, along with HB 79, died before final passage.
To see how rental enforcement plays out at a nearby Pulte resort, Daniel wrote about short-term rental enforcement at Windsor Cay. Laws can change every session, so confirm with a Florida attorney before you close.
Sources: Florida Statutes 2026, §509.032 · Florida Senate, SB 280 (2024), vetoed · Florida Senate, SB 658 (2026) · Florida Senate, HB 79 (2026)
Aquamara
Where Aquamara fits
Because every Aquamara home is slated for short-term rental, each one will need a DBPR Dwelling license plus county and city receipts. Most owners will likely handle this through their management company acting as licensed agent, which also removes the need for an owner-held county receipt. Taxes on each booking are covered in the Polk County tourist tax guide, and the bigger investment picture in Davenport vacation rental investment.
Daniel Dourado follows the pre-launch on his Pulte Davenport project page and walks buyers through each step in how buying with a Portuguese-speaking agent works. To get pricing and floor plans when Pulte releases them, join the Aquamara VIP list.
Frequently asked questions
Do I need a license if only my family uses the home?
Not for personal use. The license kicks in once you rent the whole home to others more than three times in a calendar year for under 30 days, or advertise it that way.
Can my property manager hold the license instead of me?
Yes. As a licensed agent, the manager can license the home under a group or collective license based on your management agreement, and is responsible for violations of DBPR rules under that license.
Is there a minimum stay in Davenport?
The city regulations reviewed as of November 14, 2026 set no minimum stay; they defer to state law, which blocks new local rules on rental duration or frequency.
What happens if I rent without a license?
Operating public lodging without a DBPR license is a second-degree misdemeanor in Florida, and it also blocks the county and city registrations that require the license number.
Published . Updated . For information only; not legal, accounting or tax advice.