Winter Garden Short-Term Rental Regulation: A Guide For Airbnb Hosts

What are Short-Term Rental (Airbnb, VRBO) Regulations in Winter Garden, Florida?

Winter Garden, a charming city in Orange County, Florida, has specific regulations governing short-term vacation rentals through platforms like Airbnb and VRBO. These rules aim to balance the interests of property owners, guests, and the local community.

Starting a Short-Term Rental Business in Winter Garden

To operate a short-term rental in Winter Garden, property owners must first complete a Land Use Review Application with the city's Planning & Zoning Department. This review determines if the proposed rental property is in an allowable zoning district and compatible with the surrounding area. The Land Use Review process typically takes 5-10 business days.

Once the Land Use Review is approved, the property owner must obtain a Business Tax Receipt from the city before opening for business. All businesses operating within Winter Garden city limits, including short-term rentals, are required to have a Business Tax Receipt. Failure to obtain one can result in penalties of up to 25% for each year of non-compliance.

The Business Tax Receipt application requires proof of a state-issued Transient Public Lodging Establishment License, active registration with the Florida Department of Revenue and Orange County Tax Collector, liability insurance, a rental agreement, a sketch of the property, and proof of required safety features like smoke detectors and fire extinguishers.

Short-term rental operators in Winter Garden must also collect and remit several taxes on their rental income, including:

• 6% Florida Transient Rental Tax
• 1% Florida Discretionary Sales Surtax
• 6% Orange County Tourist Development Tax

The combined tax rate totals 13% of the listing price. Hosts are responsible for collecting these taxes from guests and remitting them to the appropriate authorities on a regular basis.

Short-Term Rental Licensing Requirement in Winter Garden

To legally operate a short-term vacation rental in Winter Garden, property owners must obtain a Short-Term Vacation Rental License from the city's Planning and Zoning Department. This requirement applies to any dwelling unit or portion thereof rented for periods of less than 30 days.

A separate license is needed for each individual rental unit. Licenses expire annually and must be renewed by September 30th each year to avoid late fees.

The Short-Term Vacation Rental License application process involves submitting various documents, including:

1. Completed, notarized application signed by the property owner or responsible party
2. Proof of payment for license fees
3. Proof of a state-issued Transient Public Lodging Establishment License
4. Active Certificates of Registration with the Florida Department of Revenue and Orange County Tax Collector
5. Liability insurance and rental agreement copies
6. Sketch of the property showing emergency exits and designated parking spaces
7. Proof of installed safety features like smoke detectors, carbon monoxide detectors, and fire extinguishers
8. Consent letter from the Condominium Association or a copy of the bylaws, if applicable

Incomplete applications will be denied. Once an application is submitted, property owners have 60 days to provide all required documents before enforcement applies.

License fees include a $100 Local Business Tax Receipt and a $300 Vacation Rental License. The Planning and Zoning Department's fees for Short-Term Vacation Rental Licenses are non-refundable.

Outstanding code violations can prevent the issuance of a Short-Term Vacation Rental License. Owners must demonstrate compliance with all applicable codes to obtain the license.

Failing to secure the required license can result in fines and penalties. The city may also refuse to issue or renew licenses due to falsified information on the application.

To navigate the licensing process, property owners can consult the Winter Garden Planning and Zoning Department for guidance on requirements, fees, and enforcement. By adhering to the licensing regulations, short-term rental operators in Winter Garden can ensure compliance and avoid disruptions to their business.

Required Documents for Winter Garden Short-Term Rentals

To apply for a Short-Term Vacation Rental License in Winter Garden, property owners must submit a comprehensive application package to the Planning and Zoning Department. The application must include the following documents:

1. Completed, notarized application signed by the property owner or responsible party
2. Proof of payment for license fees ($100 Local Business Tax Receipt and $300 Vacation Rental License)
3. Proof of a state-issued Transient Public Lodging Establishment License from the Florida Department of Business and Professional Regulation (DBPR)
4. Current and active Certificate of Registration with the Florida Department of Revenue for collecting and remitting sales taxes and transient rental taxes
5. Current and active Certificate of Registration with the Orange County Tax Collector for collecting and remitting tourist development taxes
6. Copy of liability insurance policy covering injury or harm to transient occupants
7. Copy of the rental/lease agreement used when contracting with transient occupants, guests, and peer-to-peer or platform entities like Airbnb or VRBO
8. Sketch of the rental unit showing emergency exits and designated parking spaces legally available for occupants (excluding public parking spaces)
9. Proof that each rental unit has a smoke detector, carbon monoxide detector, and fire extinguisher installed
10. Consent letter from the Condominium Association or a copy of the condominium's bylaws relating to leasing of units (a license will not be issued if short-term rentals are prohibited by the association or building owner)
11. Statement confirming whether the short-term rental is a homestead property

Additionally, the rental property must be in compliance with all applicable city codes and zoning regulations. A license will not be issued if there are any open code violations.

Incomplete applications will be denied and returned to the property owner with a notation of missing items. Once an application is submitted, owners have 60 days to provide all required documents before enforcement applies.

It is unlawful to provide false or misleading information on the application, which must be sworn to under penalty of perjury. Any false statements can result in the denial or revocation of the Short-Term Vacation Rental License.

By carefully compiling the necessary documents and ensuring the accuracy of all information provided, short-term rental operators in Winter Garden can successfully navigate the licensing process and maintain compliance with local regulations.

Winter Garden Short-Term Rental Taxes

In addition to obtaining the necessary licenses, short-term rental operators in Winter Garden must collect and remit several taxes on their rental income. These taxes include state and county levies that support various initiatives and services.

Florida Transient Rental Tax

The Florida Transient Rental Tax is a statewide tax applied to short-term rentals of six months or less. The current rate is 6% of the rental charge, including any cleaning fees. This tax supports state revenues and is administered by the Florida Department of Revenue.

Florida Discretionary Sales Surtax

The Florida Discretionary Sales Surtax is an additional county tax that varies by location. In Orange County, where Winter Garden is located, the surtax rate is 0.5% of the rental charge, including any cleaning fees. The surtax funds local infrastructure projects and services.

Orange County Tourist Development Tax

Short-term rental operators in Winter Garden are also subject to the Orange County Tourist Development Tax. This tax is 6% of the rental charge and applies to all rentals of six months or less. The tourist development tax funds tourism promotion, convention center facilities, and cultural and sports facilities in Orange County.

Total Tax Rate for Short-Term Rentals

The combined tax rate for short-term rentals in Winter Garden is 12.5%, which includes:

1. State Taxes: 6% (Florida Transient Rental Tax) + 0.5% (Discretionary Sales Surtax)
2. County Taxes: 6% (Orange County Tourist Development Tax)

Short-term rental operators must collect these taxes from their guests and remit them to the appropriate authorities on a regular basis, typically monthly or quarterly.

Tax Exemptions and Compliance

Rentals to full-time students enrolled in post-secondary institutions and active military personnel on official orders are exempt from the transient rental taxes with proper documentation.

Failure to comply with tax obligations can result in significant penalties, including fines, interest charges, and potential legal action. Hosts should ensure accurate collection and timely remittance of all applicable taxes to avoid enforcement actions.

By understanding and adhering to the tax requirements for short-term rentals in Winter Garden, operators can maintain compliance, support local initiatives, and contribute to the overall success of the tourism industry in the area. Consulting with a tax professional can help ensure proper tax collection and reporting practices.

Florida-Wide Short-Term Rental Rules

In addition to city and county-specific regulations, there are several statewide rules that apply to all short-term rentals in Florida. These state laws provide a framework for local governments to build upon with their own ordinances.

Licensing and Registration

According to Florida state law, property owners who rent out an entire unit more than three times in a calendar year for periods of less than 30 days or advertise their property to the public as a vacation rental must obtain a license from the Florida Department of Business and Professional Regulation (DBPR).

However, renting out individual rooms within a property where the owner resides does not require a DBPR license, as this is not considered a "transient public lodging establishment."

Taxation

Short-term rental operators in Florida must collect and remit several taxes on their rental income:

1. State sales tax: 6% of the rental charge, paid to the Florida Department of Revenue
2. County discretionary sales surtax: Varies by county, typically 0.5% to 1%
3. Local option transient rental tax: Ranges from 1% to 5%, depending on the county

The total tax rate for short-term rentals in Florida generally falls between 7.5% and 12%. Failure to comply with tax obligations can result in fines and penalties.

Occupancy Limits and Safety Regulations

Florida's statewide building and fire safety codes apply to all short-term rentals. This includes requirements for smoke detectors, fire extinguishers, and emergency exits.

While there are no universal occupancy limits set by the state, many cities and counties impose their own restrictions based on factors like the number of bedrooms or square footage.

Zoning and Local Ordinances

In 2011, the Florida Legislature prohibited local governments from banning short-term rentals altogether or restricting the duration or frequency of stays. However, cities and counties can still regulate vacation rentals through zoning, noise ordinances, parking requirements, and other measures.

Some municipalities require short-term rental owners to obtain local permits or business tax receipts in addition to the state DBPR license. Others may restrict rentals to certain districts or impose minimum stay requirements.

Does Winter Garden Strictly Enforce STR Rules?

Based on discussions among Airbnb hosts and real estate investors on platforms like Reddit and BiggerPockets, Winter Garden has a reputation for being less friendly to short-term rentals compared to some neighboring cities in the Orlando area. The city actively enforces its STR regulations, making it more challenging for hosts to operate without full compliance.

One Reddit user noted, "Short term rentals are not allowed in residential zones in Winter Garden. There are some exceptions, like renting part of a home that the owner also lives in, but in general, the city doesn't allow it." This sentiment was echoed by others who pointed out that Winter Garden, along with nearby Winter Park, has some of the strictest STR rules in Orange County.

While some hosts may attempt to fly under the radar, the consensus among experienced investors is that operating an unlicensed short-term rental in Winter Garden is risky. One BiggerPockets member advised, "If you're considering an STR in Winter Garden, make sure you do your due diligence and follow all the city's requirements to the letter. They're not afraid to crack down on non-compliant rentals."

Compared to more STR-friendly areas like Kissimmee and parts of unincorporated Orange County near the theme parks, Winter Garden presents additional hurdles for aspiring Airbnb hosts. The city's zoning restrictions, licensing requirements, and proactive enforcement make it less appealing for investors looking to maximize rental income through short-term stays.

However, some hosts have found success operating legal STRs in Winter Garden by carefully adhering to the city's rules and maintaining open communication with local officials. One Reddit user shared, "I have a licensed STR in Winter Garden, and while it's more work to stay compliant, I've been able to run a profitable rental without any issues with the city."

In conclusion, while Winter Garden may not be the most Airbnb-friendly city in the Orlando area, hosts who prioritize compliance and due diligence can still operate successful short-term rentals within the city's regulatory framework. Investors should weigh the potential benefits against the added costs and risks of navigating Winter Garden's strict STR rules before committing to a property in this market.

How to Start a Short-Term Rental Business in Winter Garden

Starting a successful short-term rental business in Winter Garden requires careful planning and compliance with local regulations. Follow these steps to get your vacation rental up and running:

1. Research zoning laws and allowable areas: Before investing in a property, verify that short-term rentals are permitted in the desired location. Review Winter Garden's zoning map and consult with the Planning and Zoning Department to ensure your property is in an allowable district.
2. Complete a Land Use Review Application: Submit a Land Use Review Application to the Planning and Zoning Department to determine if your proposed rental property is compatible with the surrounding area. This review typically takes 5-10 business days.
3. Obtain necessary licenses and permits: Once your Land Use Review is approved, apply for a Business Tax Receipt and a Short-Term Vacation Rental License from the city. You'll also need a state-issued Transient Public Lodging Establishment License and active registrations with the Florida Department of Revenue and Orange County Tax Collector.
4. Ensure compliance with safety regulations: Install smoke detectors, carbon monoxide detectors, and fire extinguishers in each rental unit. Create a sketch of emergency exits and designated parking spaces to include with your license application.
5. Secure insurance and draft rental agreements: Obtain liability insurance covering injuries or harm to guests. Develop a standard rental agreement that outlines terms and conditions, house rules, and cancellation policies.
6. Register with tax authorities: Register with the Florida Department of Revenue and Orange County Tax Collector to collect and remit the required sales taxes and tourist development taxes on your rental income.
7. Set up your rental listing: Choose a platform like Airbnb or VRBO to list your property. Create an attractive listing with high-quality photos, detailed descriptions, and competitive pricing. Be transparent about your license and tax compliance.
8. Establish a guest screening process: Implement a screening process to ensure responsible guests who will respect your property and abide by local rules. Consider setting minimum age requirements, occupancy limits, and house rules regarding noise, parking, and pet policies.
9. Arrange for cleaning and maintenance: Hire a reliable cleaning service to prepare your rental between guests. Establish a maintenance schedule to keep your property in top condition and address any repairs promptly.
10. Provide excellent customer service: Respond promptly to guest inquiries and maintain open communication throughout the booking process. Be available to address any concerns during their stay and follow up for feedback and reviews.
11. Stay informed about regulatory changes: Keep abreast of any updates to short-term rental laws in Winter Garden and Florida. Join local vacation rental associations or online forums to stay connected with other operators and share best practices.

By following these steps and maintaining compliance with local regulations, you can build a thriving short-term rental business in Winter Garden. While the city's rules may be stricter than some neighboring areas, diligent operators who prioritize guest experience and regulatory adherence can find success in this growing market.

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

For questions about short-term rental regulations, licensing requirements, and zoning in Winter Garden, property owners and property managers should contact the city's Planning and Zoning Division. This department is responsible for overseeing land use classifications, zoning districts, and ensuring compliance with local ordinances.

The Planning and Zoning Division can provide guidance on the following topics:

1. Zoning districts where short-term rentals are permitted
2. Land Use Review Application process
3. Licensing requirements for short-term rentals
4. Occupancy limits and safety requirements
5. Development Review Committee submittals
6. Updates to short-term rental regulations and ordinances

To reach the Winter Garden Planning and Zoning Division, use the following contact information:

Phone: 407-656-4111, ext. 2021
Email: Colene Rivera, Customer Service Representative at crivera@cwgdn.com
Address: 300 West Plant Street, Winter Garden, FL 34787

The division's office hours are Monday through Friday, 8:00 AM to 5:00 PM. Property owners can also visit the city's website at www.cwgdn.com for additional resources and information.

For urgent issues related to short-term rentals, such as noise complaints or parking violations, contact the Winter Garden Police Department's non-emergency line at 407-656-3636.

By maintaining open communication with the Planning and Zoning Division and adhering to the city's short-term rental regulations, property owners can ensure a successful and compliant vacation rental business in Winter Garden.

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

Airbnb hosts and real estate investors on platforms like Reddit and Bigger Pockets have shared their experiences and opinions regarding short-term rental regulations in Winter Garden. Here are some key takeaways from these discussions:

Strict zoning restrictions: Several users note that Winter Garden has strict zoning laws that prohibit short-term rentals in most residential areas. One Reddit user stated, "Correct, short term rentals are not allowed in residential zones. There are some exceptions, like renting part of a home that the owner also lives in, but in general, the city doesn't allow it."

Challenges for investors: Aspiring short-term rental operators face hurdles in Winter Garden due to the city's regulations. In a Bigger Pockets forum post titled "Short term rental deal breakdown," an investor considering a property in Winter Garden sought advice on the viability of the deal, given the city's restrictions.

Limited exceptions: Some hosts mention that Winter Garden allows short-term rentals in specific circumstances, such as renting out a portion of an owner-occupied home. However, these exceptions are limited and may not be suitable for investors looking to maximize rental income.

Comparison to neighboring cities: Winter Garden is often compared to nearby cities like Winter Park, which has even stricter short-term rental rules. One Reddit user noted, "Some cities in Orange County, like Winter Park, don't allow it at all." In contrast, areas like Kissimmee and unincorporated Orange County near the theme parks are considered more friendly to short-term rentals.

Enforcement concerns: While Winter Garden has strict regulations on paper, some hosts question the effectiveness of enforcement. A Bigger Pockets user shared, "It's not very well enforced though. In my experience, the most effective enforcement is HOAs." This suggests that some short-term rentals may operate under the radar, despite the city's rules.

Overall, the consensus among Airbnb hosts and real estate investors is that Winter Garden presents challenges for those looking to operate short-term rentals due to its strict zoning laws and limited exceptions. While some hosts may find ways to navigate the regulations, the city's stance on short-term rentals is generally seen as less accommodating compared to neighboring areas. Investors must carefully weigh the potential risks and rewards of operating in Winter Garden's regulatory environment.

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.