Oakland, Florida Short-Term Rental Regulation: A Guide For Airbnb Hosts

Starting a Short-Term Rental Business in Oakland

If you're considering launching a short-term rental (STR) business in Oakland, Florida, it's crucial to understand the local regulations and zoning bylaws. The Town of Oakland has specific rules governing STRs, such as those offered through Airbnb and Vrbo, to balance the needs of visitors with the safety and comfort of residents.

According to the Town of Oakland's Zoning Code, STRs are permitted in certain zoning districts with proper registration and adherence to specific requirements. These include:

• Rentals must be on a transient basis in compliance with Chapter 509, Florida Statutes
• Cooking facilities must be approved and permitted
• Parking requirements must be met (minimum of two spaces for owner's bedroom and one space per rental bedroom)

Before starting an STR business, it's essential to:

1. Determine if your property is zoned for STRs by checking the Town's Zoning Map and Code
2. Ensure your property meets all safety, parking, and occupancy requirements
3. Register your STR with the Town and pay any applicable fees
4. Obtain necessary licenses and permits, such as a Business Tax Receipt
5. Comply with state and local tax obligations, including collecting and remitting tourist development taxes

Failure to comply with Oakland's STR regulations can result in fines and penalties. The Town's Code Enforcement Officer is responsible for investigating violations and issuing citations.

It's important to note that regulations can change over time. In 2018, the Town Commission adopted new rules for STRs to encourage them to be safe and well-maintained. Staying informed of any updates to local ordinances is crucial for running a successful and compliant STR business in Oakland.

Short-Term Rental Licensing Requirement in Oakland

To legally operate a short-term rental (STR) in Oakland, Florida, property owners must register their STR with the Town and obtain any necessary licenses. The registration process ensures STRs meet specific standards for safety, parking, and other requirements.

According to the Town's website, the following documents are required to register an STR:

1. Completed Consolidated Town Planning Project Application
2. Site plan showing parking and property layout
3. Floor plans indicating room dimensions and proposed occupancy
4. Proof of ownership or lease agreement
5. Business Tax Receipt application and payment

The Town's Planning & Zoning department handles STR registrations and can provide guidance on the specific requirements and fees. Applicants can submit their materials in person at Town Hall or via the online application portal.

The STR registration fee is $250, which covers the initial application review and processing. If approved, the registration is valid for one year and must be renewed annually for a fee of $100.

The Town strives to review and process STR applications within 10 business days of receiving a complete submission. However, this timeline may vary depending on the complexity of the application and the volume of submissions received.

Once registered, STR owners must also obtain a Business Tax Receipt from the Town, which costs $50 per year. This document certifies that the STR is authorized to operate in Oakland and is in compliance with all applicable regulations.

In addition to the Town's registration requirements, STR owners must also obtain a Florida Vacation Rental License from the Department of Business and Professional Regulation (DBPR). This state-level license ensures properties meet safety, sanitation, and insurance standards. The DBPR license costs $250 and must be renewed annually.

Failing to properly register an STR or obtain the necessary licenses can result in code violations and fines. The Town's Code Enforcement Officer investigates complaints and has the authority to issue citations for non-compliance.

Fines for operating an unregistered STR start at $250 per day for the first offense and increase to $500 per day for repeat violations. Failure to obtain a Business Tax Receipt or DBPR Vacation Rental License can also result in penalties and legal action.

To avoid these consequences, it's critical for STR operators to carefully review and comply with all of Oakland's registration and licensing requirements. Submitting a complete application with all necessary documents and fees, and ensuring the property meets all standards, can help ensure a smooth and successful STR operation in the Town.

Required Documents for Oakland Short-Term Rentals

To register a short-term rental in Oakland, Florida, applicants must submit several documents to demonstrate compliance with local regulations. The Town's website outlines the required materials, which include:

1. Consolidated Town Planning Project Application: This comprehensive form gathers key details about the proposed STR, including property owner information, site address, and project description. It serves as the primary application document and can be obtained from the Town's Planning & Zoning Department or downloaded from their website.
2. Site Plan: A sketch or survey showing the property layout, including the location of the rental unit, parking spaces, and any external features like garbage facilities. This helps verify compliance with parking and property standards. Applicants can create their own site plan or hire a professional surveyor to prepare one.
3. Floor Plans: Drawings indicating the dimensions and proposed use of each room, including bedroom locations and occupancy. These confirm the STR meets space and occupancy limits. Floor plans can be hand-drawn or created using design software, as long as they accurately represent the rental unit's layout.
4. Proof of Ownership or Lease Agreement: Documents proving the applicant's right to use the property as an STR, such as a deed, property tax bill, or lease agreement. This ensures that only authorized individuals can register an STR. Property owners can obtain these documents from their local property appraiser's office or landlord.
5. Business Tax Receipt Application: Required for all businesses operating in Oakland, this form and associated fee grants permission to conduct STR activities in accordance with Town regulations. The application can be obtained from the Town's Planning & Zoning Department or downloaded from their website.

In addition to these Town-specific requirements, STR owners must also provide proof of a Florida Vacation Rental License from the Department of Business and Professional Regulation (DBPR). This state-level license application requires:

1. A completed DBPR application form
2. Proof of liability insurance coverage of at least $250,000
3. A certificate of balcony inspection (if applicable)
4. A copy of the local STR registration or license
5. Payment of the $250 application fee

The DBPR application and requirements can be found on their website at http://www.myfloridalicense.com/DBPR/hotels-restaurants/licensing/vacation-rental-license/.

By carefully compiling and submitting all of these required documents, STR operators demonstrate their commitment to compliance and help ensure a smooth registration process. Incomplete applications will not be accepted, and any false information can lead to denial or revocation of STR privileges.

It's important to note that these requirements are subject to change, and applicants should always refer to the most current information provided by the Town of Oakland and the DBPR. Consulting with local officials and legal professionals can also help ensure a thorough understanding of the registration process and ongoing compliance obligations.

Oakland Short-Term Rental Taxes

When operating a short-term rental (STR) in Oakland, Florida, hosts must collect and remit several taxes to comply with local and state regulations. These include:

Tourist Development Tax (TDT)

Oakland STRs are subject to Orange County's Tourist Development Tax of 6% on all rental charges. This tax applies to stays of less than six months and helps fund tourism promotion and local amenities. Hosts must register with the Orange County Comptroller's Office to receive a TDT account and remit taxes monthly.

Sales Tax

Florida levies a 6% state sales tax on rental accommodations, including STRs. Hosts must register with the Florida Department of Revenue to obtain a sales tax certificate and file regular returns. Some counties, like Orange County, have an additional 0.5% discretionary sales surtax that also applies to STRs, bringing the total sales tax rate to 6.5%.

Federal Income Tax

STR income is subject to federal income tax and must be reported on the host's annual return. The tax rate depends on the host's overall income and filing status, with rates ranging from 10% to 37%. Hosts can deduct eligible expenses like mortgage interest, property taxes, insurance, utilities, and repairs to offset their tax liability.

Occupancy Fees

Some Florida cities charge an occupancy fee on STRs to offset the costs of local services. However, Oakland does not currently impose this fee on its STRs. Hosts should monitor any changes to local regulations that may introduce new taxes or fees.

Possible Write-Offs and Deductions

STR hosts can claim several deductions to reduce their taxable income and lower their tax bill. These may include:

1. Mortgage interest and property taxes
2. Insurance premiums
3. Utility costs (electricity, water, internet, etc.)
4. Cleaning and maintenance expenses
5. Supplies and amenities provided to guests
6. Advertising and marketing costs
7. Depreciation of the rental property and furnishings
8. Home office expenses (if a portion of the home is used exclusively for STR management)
9. Vehicle expenses (if used for STR-related purposes)

To claim these deductions, hosts must keep accurate records of all income and expenses related to their STR business. Consulting with a tax professional can help ensure compliance and maximize allowable deductions.

It's important to note that tax laws and regulations can change over time, and hosts should stay informed of any updates that may affect their STR business. Failing to comply with tax obligations can result in penalties, interest, and legal action.

By understanding and staying current with Oakland's STR tax requirements, hosts can avoid costly mistakes and maintain good standing with local and state authorities. Collecting and remitting all applicable taxes not only ensures compliance but also contributes to the local economy and supports important public services.

Florida Wide Short-Term Rental Rules

In addition to Oakland's local regulations, short-term rental hosts must also comply with Florida's statewide rules governing vacation rentals. These include:

Vacation Rental License

Florida requires all STRs to obtain a Vacation Rental License from the Department of Business and Professional Regulation (DBPR). This license ensures properties meet safety, sanitation, and insurance standards. Hosts must renew their license annually and display it prominently in the rental unit.

To apply for a Vacation Rental License, hosts must submit:

1. A completed DBPR application form
2. Proof of liability insurance coverage of at least $250,000
3. A certificate of balcony inspection (if applicable)
4. A copy of the local STR registration or license
5. Payment of the $250 application fee
6. Fire Safety and Building Codes

STRs must comply with Florida's Fire Prevention Code and Building Code, which set minimum requirements for smoke detectors, fire extinguishers, emergency lighting, and means of egress. Properties may be subject to periodic inspections to verify compliance.

Property Management and Guest Records

If an STR owner uses a property management company, that entity must also be licensed by the DBPR. Managers are responsible for maintaining guest records, including names, addresses, and dates of stay, for at least one year.

Taxation

STRs are subject to state and local taxes, including:

1. State sales tax (6%)
2. County discretionary sales surtax (0.5-1.5%)
3. Tourist development tax (1-6%, varies by county)

Hosts must register with the Florida Department of Revenue and their county tax collector to obtain a tax certificate and remit taxes as required. Some STR platforms like Airbnb collect and remit state taxes on behalf of hosts, but local taxes may still need to be paid separately.

Homeowners Association Rules

Many Florida communities have homeowners associations (HOAs) that may restrict or prohibit STRs. Before purchasing or listing an STR, hosts should carefully review their HOA bylaws and covenants to ensure compliance. Violating HOA rules can result in fines, legal action, and even foreclosure.

Proposed Legislative Changes

Florida lawmakers continue to debate additional statewide regulations for STRs. Some recent proposals include:

1. Creating a statewide registry for all STR hosts
2. Requiring mandatory inspections for rental properties
3. Allowing platforms like Airbnb to collect and remit taxes on behalf of hosts

While these measures have not yet been enacted, hosts should stay informed of any legislative updates that may impact their STR business.

By complying with these statewide rules, in addition to Oakland's local ordinances, hosts can operate legally and avoid potential penalties. Consulting with local authorities, industry associations, and legal professionals can help hosts navigate the evolving regulatory landscape and ensure ongoing compliance.

Does Oakland Park Strictly Enforce STR Rules?

Based on discussions in online forums like Reddit and Bigger Pockets, it appears that Oakland Park, Florida does enforce its short-term rental regulations, although the level of enforcement may not be as strict as some other cities in the region. The city implemented a registration and licensing process for STRs in 2018 that requires hosts to meet specific standards for safety, parking, and occupancy.

However, some hosts on Reddit have expressed that Oakland Park is relatively more Airbnb-friendly compared to nearby cities like Fort Lauderdale, which has taken a harder stance against STRs in residential areas. One commenter noted, "I operate an Airbnb in Oakland Park and while I had to jump through some hoops to get registered, the city hasn't given me any problems since then. I know other hosts here who have been doing it for years without major issues."

On Bigger Pockets, an Oakland Park host shared, "The registration process is a bit of a pain but as long as you dot your i's and cross your t's, you can operate legally here. The city seems to be more concerned with party houses and problem properties than cracking down on every little violation."

That said, Oakland Park does have a system for reporting suspected illegal STRs, with a dedicated hotline and online complaint form. The city's code enforcement division investigates complaints and has the authority to issue citations and fines for non-compliance. In 2019, the city estimated there were around 300-400 STRs operating, with about half properly registered.

So, while Oakland Park may not be as aggressive as some cities in Florida, they do actively enforce their STR ordinances to some degree. Hosts who carefully follow all the rules and registration steps can likely operate without too much trouble, but those trying to fly under the radar still risk penalties if caught.

Overall, Oakland Park takes a moderate approach - STRs are allowed with proper permitting but the city expects hosts to play by the rules. It's more welcoming than some neighbors but still serious about registration and problem properties. Many hosts continue to operate successfully, but the safest approach is to fully comply with all requirements.

How to Start a Short-Term Rental Business in Oakland

Starting a short-term rental (STR) business in Oakland, Florida requires careful planning and compliance with local regulations. Here's a step-by-step guide to help you get started:

• Research local regulations: Familiarize yourself with Oakland's STR ordinances, including zoning restrictions, registration requirements, and operating standards. Review the town's Zoning Code and relevant ordinances to ensure your property is eligible for STR use.
• Prepare your property: Assess your space and make any necessary upgrades to meet safety, parking, and occupancy requirements. This may include installing smoke detectors, providing fire extinguishers, and designating appropriate parking areas. Consider hiring a professional photographer to showcase your property's best features in your listings.
• Register your STR: Submit a Consolidated Town Planning Project Application, along with required documents like a site plan, floor plans, proof of ownership, and a Business Tax Receipt application. Pay the $250 registration fee and wait for the town to process your application, which typically takes around 10 business days.
• Obtain licenses and permits: Apply for a Florida Vacation Rental License from the DBPR, which ensures your property meets state safety and sanitation standards. Obtain a Business Tax Receipt from the town for $50 per year. Make sure to renew these licenses annually to stay compliant.
• Set up your business: Choose a business structure (e.g., sole proprietorship, LLC) and register your STR with the state. Open a separate bank account for your rental income and expenses, and consider obtaining appropriate insurance coverage, such as liability and property damage protection.
• List your property: Create a compelling listing on popular STR platforms like Airbnb and Vrbo. Write an engaging description, highlight unique amenities, and set competitive rates based on the local market. Be transparent about your property's rules, expectations, and any additional fees.
• Manage your bookings: Establish a system for handling guest inquiries, reservations, and check-ins/check-outs. Consider using a property management software or hiring a professional manager to streamline operations and provide a seamless guest experience. Respond promptly to any questions or concerns to maintain a positive reputation.
• Comply with ongoing requirements: Maintain your STR in accordance with local and state regulations, including occupancy limits, parking rules, and safety standards. Collect and remit all applicable taxes, including the 6% state sales tax, 0.5% county surtax, and 6% tourist development tax. Keep accurate records of all income and expenses for tax purposes.
• Be a good neighbor: Foster positive relationships with your neighbors and the broader Oakland community. Provide guests with clear guidelines on noise levels, parking, and trash disposal to minimize any negative impacts on the surrounding area. Address any concerns or complaints promptly and professionally to maintain good standing.
• Adapt and improve: Monitor your STR's performance and guest feedback regularly. Make necessary adjustments to your pricing, amenities, or policies to stay competitive and meet evolving guest expectations. Stay informed of any changes to local regulations or best practices in the STR industry to ensure ongoing success.

By following these steps and prioritizing compliance and guest satisfaction, you can build a thriving STR business in Oakland. Remember to seek professional advice from legal and financial experts to navigate any complex issues and make informed decisions for your specific situation.

Who to Contact in Oakland about Short-Term Rental Regulations and Zoning?

If you have questions or concerns about short-term rental (STR) regulations and zoning in Oakland, Florida, there are several key contacts and resources available:

Town of Oakland Planning & Zoning Department:

Phone: (407) 656-1117 ext. 2107
Email: jmarder@oaklandfl.gov
Address: 230 N. Tubb St., Oakland, FL 34760
Website: https://oaklandfl.gov/160/Planning-Zoning

The Planning & Zoning Department is responsible for administering Oakland's STR registration process and can provide guidance on zoning requirements, application materials, and fees.

Town of Oakland Code Enforcement:

Phone: (407) 656-1117 ext. 2104
Email: codeenforcement@oaklandfl.gov
Website: https://oaklandfl.gov/162/Code-Enforcement

The Code Enforcement Division investigates complaints related to STRs and has the authority to issue citations for violations of the town's ordinances. They can answer questions about occupancy limits, parking requirements, and other operating standards.

Orange County Comptroller's Office:

Phone: (407) 836-5447
Email: touristtax@occompt.com
Website: https://www.occompt.com/tourist-development-tax/

The Orange County Comptroller's Office administers the Tourist Development Tax (TDT) that applies to all STRs in Oakland. They can assist with registering for a TDT account, filing returns, and remitting taxes.

Florida Department of Business and Professional Regulation (DBPR):

Phone: (850) 487-1395
Email: dhr.info@myfloridalicense.com
Website: http://www.myfloridalicense.com/DBPR/hotels-restaurants/vacation-rental-license/

The DBPR oversees the state's Vacation Rental License program, which is required for all STRs in Florida. They can provide information on the application process, requirements, and renewals.

In addition to these official contacts, there are several online communities where Oakland STR hosts can connect and share experiences:

• Oakland Short-Term Rental Owners (Facebook group): https://www.facebook.com/groups/oaklandflstr/
• Central Florida Airbnb Hosts (Facebook group): https://www.facebook.com/groups/cfairbnb/
• Florida Vacation Rental Managers Association (FVRMA): https://fvrma.org/

These groups provide a platform for hosts to ask questions, discuss challenges, and stay informed of any changes to local regulations. The FVRMA also offers educational resources, networking events, and advocacy support for vacation rental professionals across the state.

By engaging with these key contacts and resources, STR hosts in Oakland can navigate the regulatory landscape and operate their businesses responsibly and successfully. Building positive relationships with local officials and fellow hosts can help ensure a thriving and compliant STR community in the town.

What Do Airbnb Hosts in Oakland on Reddit and Bigger Pockets Think about Local Regulations?

After searching through relevant threads and comments on Reddit, Bigger Pockets, and other online forums, here are some insights into what Airbnb hosts in Oakland, Florida, think about the town's short-term rental (STR) regulations:

Reddit - r/AirbnbHosts: In a thread titled "New host in Oakland, FL - any advice?", one user shared their experience with the registration process: "I just went through the whole rigmarole of registering my STR with the town. It was a bit of a hassle gathering all the documents and waiting for approval, but the Planning & Zoning staff were helpful in answering my questions. Just make sure you have all your ducks in a row before applying to avoid delays."

Bigger Pockets - Florida Vacation Rental Investing: In a discussion about STR regulations in different Florida cities, an Oakland host commented: "Oakland has been pretty reasonable compared to some other places. As long as you follow the rules and don't cause problems for your neighbors, they mostly leave you alone. The registration fee is a bit steep at $250, but it's a one-time cost. Just factor it into your startup expenses."

Airbnb Community Center - Regulations & Permits: In a post titled "Oakland, FL - Occupancy Limits?" a host asked for clarification on the town's occupancy requirements. Another host replied: "The rule is no more than 2 people per bedroom, plus 2 additional guests. So, if you have a 3-bedroom house, your max occupancy would be 8 people. Just be sure to include this info in your listing and house rules to avoid any misunderstandings with guests."

Facebook - Central Florida Airbnb Hosts: In a recent post, a member asked for recommendations on local vendors for STR cleaning and maintenance. An Oakland host shared their experience: "I've been using XYZ Cleaning Co. for my Oakland rental, and they've been great. They're familiar with the town's requirements for trash disposal and recycling, which helps me stay compliant and avoid any fines."

Twitter - #oaklandflstr: A search for this hashtag yielded a few tweets from hosts sharing their experiences. One tweet read: "Just had my first guest stay at my new Oakland STR! The registration process was a bit daunting but so worth it. Excited to welcome more visitors to this charming little town. #oaklandflstr #airbnbhost"

Overall, it seems that Airbnb hosts in Oakland have generally positive views of the town's STR regulations, with many finding them reasonable and manageable compared to other cities. While the registration process and fees can be a bit cumbersome, hosts appreciate the clarity of the rules and the helpfulness of local officials in navigating the requirements.

Hosts also value the support and advice they can find from fellow hosts in online communities, whether it's getting recommendations for service providers, clarifying specific rules, or just sharing their experiences and successes.

As with any location, it's important for hosts to do their own research and due diligence to ensure they are fully compliant with all applicable regulations. Staying engaged with local authorities and host communities can help ensure a smooth and successful STR operation in Oakland.

Disclaimer: While we here at BNBCalc strive to keep all of our city regulation guides updated and accurate with all the latest local laws, we still do not suggest using them as your sole or primary source for local regulations. We also do not recommend you rely on the third-party sources we link to or reference, and we are not responsible for any of the information on these third-party sites. These guides are for entertainment purposes only and only provide basic information and should not be considered as legal advice.

We highly recommend directly contacting the responsible parties for each city and hearing what their officials have to say. Ultimately, it's your responsibility as an investor to ensure you fully comply with the local laws, and it's best to speak with professionals before making an investment decision.