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

Starting a Short-Term Rental Business in Winter Haven

Winter Haven, located in central Florida between Tampa and Orlando, has seen growth in short-term rentals through platforms like Airbnb and Vrbo in recent years. The city is an attractive destination for travelers looking to enjoy outdoor activities, local events, and proximity to theme parks.

There are no specific regulations on short-term rentals in Winter Haven beyond what is required by the state of Florida. At the state level, short-term rental operators must:

• Register with the Florida Department of Business and Professional Regulation and obtain a license
• Collect and remit state sales tax and local tourist development taxes
• Comply with safety and health standards, including having working smoke detectors and fire extinguishers

While Winter Haven does not have specific ordinances for short-term rental at this time, all properties are subject to the city's general zoning, building, and property maintenance codes. This means hosts may need permits for any renovations and must ensure their rental is up to code.

The lack of strict local regulations makes Winter Haven relatively friendly to short-term rentals compared to some other Florida cities. Hosts on forums like BiggerPockets and Reddit report successfully operating rentals in the city, as long as they are respectful of neighbors and maintain their properties well.

However, it's important to note that regulations can change. Some Florida cities like Miami and Fort Lauderdale have cracked down on short-term rentals in recent years due to concerns about housing availability and neighborhood character. Winter Haven's planning department has expressed similar concerns and implemented a rule preventing new accessory dwelling units from being used as short-term rentals for 10 years.

Winter Haven remains an appealing option for short-term rental operators, with AirDNA ranking it the 2nd best place to own an Airbnb in the U.S. in 2021. The average Airbnb rental in Winter Haven earns $2,997 per month, with a 62% occupancy rate.

To start a short-term rental business in Winter Haven, hosts should:

1. Check their property is zoned for rentals and obtain any necessary permits
2. Register for state and local tax collection
3. Obtain proper insurance coverage
4. Outfit and market their listing
5. Establish guest screening protocols and house rules
6. Arrange for cleaning, maintenance, and guest support

Entrepreneurs can succeed with short-term rentals in this central Florida destination by operating responsibly and staying attuned to regulatory changes. The key is to do thorough research, comply with all applicable rules, and be a good neighbor.

Short-Term Rental Licensing Requirement in Winter Haven

As of 2024, Winter Haven does not have a specific licensing requirement for short-term rentals. Unlike some other Florida cities that have implemented their own permitting processes, Winter Haven's city code does not currently include provisions mandating licenses for vacation rentals.

However, this does not mean that short-term rental operators in Winter Haven are exempt from all regulations. At the state level, Florida requires all vacation rental owners to obtain a license from the Department of Business and Professional Regulation (DBPR). This involves submitting an application, paying a fee, and passing an inspection to ensure the property meets safety and health standards.

Hosts must provide details about their property to apply for a DBPR vacation rental license, including the address, number of units, and maximum occupancy. They must also attest to having liability insurance, working smoke detectors, and fire extinguishers. The initial licensing fee is around $250, with a biennial renewal fee of approximately $150.

While Winter Haven does not have its own short-term rental licensing process, the city's code enforcement department is responsible for ensuring properties comply with general zoning, building, and property maintenance standards. This means that if a short-term rental generates complaints or is found to be operating in violation of city codes, the owner could face fines or be required to cease operations.

Short-term rental hosts in Winter Haven need to understand that operating without a state license is illegal and can result in penalties. The DBPR conducts random audits and can issue fines of up to $1,000 per day for noncompliance. Repeat offenders may even face jail time.

Additionally, while Winter Haven does not currently have specific short-term rental licenses, the city could choose to implement them in the future. As the vacation rental industry grows, more and more Florida cities are adopting their own regulations to address concerns about housing availability, neighborhood character, and quality of life.

For example, nearby Lakeland recently passed an ordinance requiring all short-term rental owners to obtain a city permit, pay an annual fee, and ensure their property meets certain safety and parking requirements. Other cities like Orlando and Jacksonville have implemented similar measures.

As a result, it's crucial for short-term rental operators in Winter Haven to stay informed about any potential changes to local regulations. Attending city council meetings, joining local host groups, and regularly checking the city's website for updates can help hosts stay compliant and avoid unexpected fines or shutdowns.

In summary, while Winter Haven does not currently require a specific short-term rental license, all hosts must obtain a state vacation rental license from the DBPR. Failure to do so can result in significant penalties. As the city and state continue to grapple with the vacation rental industry's growth, hosts must remain vigilant and adaptable to any new licensing requirements that may emerge.

Required Documents for Winter Haven Short-Term Rentals

While Winter Haven does not currently have a city-specific licensing process for short-term rentals, there are still several important documents that hosts must obtain and maintain to operate legally.

First and foremost, all short-term rental operators in Florida must obtain a vacation rental license from the Department of Business and Professional Regulation (DBPR). To apply for this license, hosts need to submit the following documents:

1. A completed DBPR vacation rental application form
2. Proof of liability insurance coverage
3. A certificate of balcony inspection (if applicable)
4. A certificate of registration with the Florida Department of Revenue for tax collection purposes
5. A payment for the initial licensing fee (around $250)

Once the DBPR receives these documents and conducts a property inspection, they will issue a vacation rental license. This license must be renewed every two years, with a renewal fee of approximately $150.

In addition to the state vacation rental license, short-term rental hosts in Winter Haven should also obtain a business tax receipt from the city. This document, also known as an occupational license, is required for all businesses operating within the city limits. To apply for a business tax receipt, hosts must provide:

1. A completed business tax receipt application form
2. Proof of their state vacation rental license
3. A payment for the business tax receipt fee (varies based on business type and size)

While not legally required, it's also highly recommended that short-term rental hosts in Winter Haven have a written rental agreement for their guests. This document should outline the terms and conditions of the rental, including check-in/out times, house rules, occupancy limits, and cancellation policies. Having guests sign a rental agreement can provide important legal protections for hosts in case of disputes or damages.

Another important document for short-term rentals is a property management agreement if the host is using a third-party company to manage their rental. This agreement should clearly delineate the property manager's responsibilities, such as handling bookings, cleaning, maintenance, and guest communication. It should also specify the management fees and how rental income will be disbursed.

Lastly, short-term rental hosts in Winter Haven need to keep detailed records of their rental income and expenses for tax purposes. This includes maintaining a guest register with names, addresses, dates of stay, and receipts for any business-related purchases. Hosts must collect and remit state sales tax (6%) and local tourist development taxes (5%) on all rental income.

In summary, while Winter Haven does not require city-specific short-term rental permits, hosts still need to obtain a state vacation rental license and a city business tax receipt. Having a written rental agreement, property management agreement (if applicable), and detailed financial records are also crucial for running a compliant and successful short-term rental business in the city. Hosts can avoid potential legal issues and ensure a smooth operation by keeping these documents up-to-date and readily available.

Winter Haven Short-Term Rental Taxes

Short-term rental operators in Winter Haven, Florida, are subject to several taxes at the state and local levels. Understanding and complying with these tax obligations is crucial for running a successful and legal vacation rental business.

At the state level, Florida requires all short-term rental hosts to collect and remit a 6% sales tax on the total rental amount, including any cleaning fees or other charges. This tax applies to all six months or less rentals, regardless of the platform used to list the property. Hosts must register with the Florida Department of Revenue to obtain a sales tax certificate and file regular tax returns.

In addition to the state sales tax, Winter Haven is located in Polk County, which levies a 5% Tourist Development Tax (TDT) on short-term rentals. This tax is also known as a bed tax or transient occupancy tax and is used to fund tourism promotion and infrastructure in the county. Vacation rental hosts are responsible for collecting this 5% tax from guests and remitting it to the Polk County Tax Collector's Office on a monthly basis.

It's important to note that the combined state and county taxes on short-term rentals in Winter Haven total 11% of the rental amount. This means that if you charge $100 per night for your rental, you'll need to collect an additional $11 in taxes from your guests and remit that amount to the appropriate authorities.

Short-term rental booking platforms like Airbnb and VRBO offer varying degrees of tax collection and remittance assistance. Airbnb, for example, collects and pays the 6% state sales tax on behalf of hosts for bookings made through their site. However, hosts are still responsible for registering with the state and filing regular tax returns. Hosts must collect and remit this tax for the 5% Polk County TDT, even for Airbnb bookings.

Failure to comply with state and local tax requirements can result in penalties, interest, and legal action. Short-term rental operators should keep detailed records of their rental income and taxes collected in case of an audit. Consulting with a tax professional familiar with vacation rental regulations can help ensure full compliance.

It's worth noting that while Winter Haven does not currently have any city-specific taxes on short-term rentals, this could change in the future as the city evaluates the impact of vacation rentals on the community. Hosts should stay informed about any potential changes to local tax policies that may affect their business.

In summary, short-term rental hosts in Winter Haven must collect and remit a combined 11% in state and county taxes on their rental income. This includes the 6% Florida sales tax and the 5% Polk County Tourist Development Tax. Compliance with these tax obligations is essential for operating legally and avoiding potential penalties. As the vacation rental industry continues to grow in Winter Haven, hosts should remain vigilant about staying up-to-date with any changes to tax requirements at the state, county, or city level.

Florida Wide Short-Term Rental Rules

Florida has a set of statewide rules and regulations that apply to all short-term rentals, regardless of the specific city or county. These state-level requirements are primarily focused on licensing, taxation, and safety standards.

First and foremost, all vacation rentals in Florida must be licensed through the Department of Business and Professional Regulation (DBPR). The state defines a vacation rental as any unit or group of units in a condominium, cooperative, or individually owned single-family home, two-family home, three-family home, or four-family home that is rented to guests more than three times a year for periods of less than 30 days or one calendar month, whichever is shorter.

To obtain a license, hosts must submit an application to the DBPR, pay the required fees, and undergo an inspection to ensure the property meets safety and sanitation standards. Hosts can group together multiple units of the same type (either condominiums or dwellings) under a single license. However, a separate license is needed for each rental classification.

In addition to licensing, all short-term rental hosts in Florida must register with the Department of Revenue for tax purposes. The state levies a 6% sales tax on all rental transactions, plus any applicable local discretionary sales surtaxes. Hosts are responsible for collecting these taxes from guests and remitting them to the state on a regular basis.

Florida also imposes specific safety requirements on vacation rentals. These include having working smoke detectors, fire extinguishers, and emergency lighting. Rentals with three or more stories must also post an evacuation diagram. Balconies must be inspected regularly, and a Certificate of Balcony Inspection must be received every three years.

While the state sets these baseline rules, it's important to note that individual cities and counties in Florida can impose additional regulations on short-term rentals. These local ordinances may include zoning restrictions, noise limits, parking requirements, and occupancy caps. Hosts must comply with both state and local rules to operate legally.

Local governments cannot regulate short-term rentals by prohibiting them outright or restricting their frequency or duration. A 2011 state law preempted this power to the state, meaning cities and counties cannot ban vacation rentals or impose minimum stay requirements.

However, a more recent 2024 state law did grant some additional regulatory powers back to local governments. The new legislation allows cities and counties to require vacation rental registration, charge a "reasonable" fee, conduct inspections, set occupancy limits based on the number of bedrooms, and designate a local contact person to respond to complaints.

This evolving balance of state and local control makes it crucial for Florida short-term rental hosts to stay informed about both the statewide requirements and any specific ordinances in their particular jurisdiction. Consulting with local officials, property managers, or legal professionals can help ensure full compliance.

Overall, while Florida's state-level vacation rental regulations provide a consistent framework, the specific rules hosts must follow can vary significantly based on their location within the state. Careful research and due diligence are essential for any short-term rental operator in the Sunshine State.

Does Winter Haven Strictly Enforce STR Rules?

Based on discussions in real estate investing forums like BiggerPockets and Reddit, Winter Haven appears to be relatively friendly towards short-term rentals, especially compared to some other cities in Florida. Many hosts report operating successful Airbnb and Vrbo properties in the city without facing significant regulatory hurdles or enforcement actions.

One BiggerPockets user shared their experience running multiple vacation rentals in Winter Haven, stating that the city has been "hands-off" in terms of regulation and that they've never had any issues with compliance. They noted that as long as you obtain the necessary state license, pay your taxes, and maintain your property well, the city doesn't seem to interfere much with short-term rental operations.

Another host on the Airbnb subreddit described Winter Haven as a "hidden gem" for vacation rentals, with strong demand from tourists and a relatively lenient regulatory environment. They mentioned that while the city requires a business tax receipt, the process is straightforward and the fees are reasonable compared to other Florida destinations.

Several hosts also pointed out that Winter Haven's location between Tampa and Orlando makes it an attractive market for short-term rentals, as it offers easy access to major attractions while maintaining a more laid-back, small-town feel. This appeal and the city's hands-off approach to regulation have led many investors to view Winter Haven as a prime spot for vacation rental investments.

That being said, it's important to note that operating a short-term rental in Winter Haven does still require compliance with state and local rules. Hosts must obtain a license from the DBPR, register for tax collection, and follow safety and occupancy standards. Failure to do so could result in fines or legal action, even if enforcement is less strict than in other cities.

Moreover, some hosts on these forums have expressed concerns that Winter Haven's regulatory landscape could change in the future as the short-term rental industry grows. They point to examples of other Florida cities like Miami Beach and Fort Lauderdale that have cracked down on vacation rentals in recent years due to housing affordability, noise, and neighborhood character concerns.

However, the overall consensus among hosts seems to be that Winter Haven remains a relatively Airbnb-friendly market, at least for the time being. Many investors continue to operate short-term rentals in the city successfully, with some even expanding their portfolios to multiple properties.

In conclusion, while Winter Haven has some rules and regulations around short-term rentals, the city appears to be less strict in its enforcement than other Florida destinations. Hosts on BiggerPockets and Reddit generally describe Winter Haven as an attractive and welcoming market for vacation rentals, thanks to its location, demand, and relatively lenient regulatory environment. As long as operators obtain the necessary licenses, pay their taxes, and maintain their properties responsibly, they can find success with short-term rentals in this Central Florida city.

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

If you're considering starting a short-term rental business in Winter Haven, Florida, here are the key steps to follow:

1. Research local regulations: While Winter Haven doesn't currently have specific short-term rental ordinances, it's important to understand and comply with any zoning laws, building codes, and property maintenance standards. Contact the Winter Haven Planning Division and Code Enforcement Office for guidance.
2. Obtain necessary licenses and permits: Register with the Florida Department of Business and Professional Regulation (DBPR) and obtain a state vacation rental license. Apply for a Business Tax Receipt from the City of Winter Haven. Depending on your property, you may need additional permits for renovations or changes in use.
3. Prepare your property: Ensure your rental meets all safety requirements, such as working smoke detectors, fire extinguishers, and pool safety features. Make any necessary repairs and upgrades to create an inviting space for guests. Consider hiring a professional photographer to showcase your property's best features.
4. Choose a rental platform: Decide which vacation rental site(s) you want to list your property on, such as Airbnb or Vrbo. Create a detailed listing with accurate descriptions, high-quality photos, and competitive pricing.
5. Set up your business: Open a separate bank account for your rental business and obtain appropriate insurance coverage. Consult with a tax professional to understand your income reporting and tax payment obligations.
6. Establish policies and procedures: Create a comprehensive rental agreement outlining house rules, cancellation policies, check-in/out procedures, and guest expectations. Develop a system for managing bookings, communicating with guests, and handling maintenance issues.
7. Arrange cleaning and turnover: Decide whether you'll handle cleaning between guests yourself or hire a professional service. Establish a thorough cleaning checklist and ensure the property is well-maintained and fully stocked for each new guest.
8. Market your listing: In addition to the exposure from listing platforms, promote your rental through social media, local tourism websites, and online travel forums. Encourage satisfied guests to leave reviews and recommendations.
9. Provide excellent guest service:Respond promptly to inquiries and booking requests. Offer local recommendations and thoughtful amenities to create a memorable stay. Address any issues or concerns quickly and professionally to maintain a high rating and attract repeat guests.
10. Monitor and adapt: Regularly review your booking calendar, pricing strategy, and guest feedback to identify areas for improvement. Stay informed about any changes to local regulations or tax requirements that may affect your business.

By following these steps and prioritizing guest satisfaction, you can build a successful short-term rental business in Winter Haven. While the city may not have extensive vacation rental regulations at present, it's crucial to operate professionally, maintain open communication with local authorities, and adapt to future regulatory changes.

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

When starting a short-term rental business in Winter Haven, it's important to understand and comply with all relevant regulations and zoning requirements. Here are the key city departments and contacts to assist you:

1. Winter Haven Planning Division:

The Planning Division is responsible for administering the city's land development code, zoning ordinances, and comprehensive plan. They can help you determine if your property is zoned for short-term rentals and guide you through any necessary approvals or permits.

Contact:

Planning Division
City of Winter Haven
451 Third Street NW
Winter Haven, FL 33881
Phone: (863) 291-5600
Email: planning@mywinterhaven.com

2. Winter Haven Code Enforcement Office:

The Code Enforcement Office ensures that all properties in Winter Haven comply with the city's codes and ordinances related to building safety, property maintenance, and occupancy standards. They can answer questions about specific requirements for short-term rentals and investigate any complaints or violations.

Contact:

Code Enforcement Office
City of Winter Haven
125 N Lake Silver Dr. NW
Winter Haven, FL 33881
Phone: (863) 291-5697
Email: code@mywinterhaven.com

3. Winter Haven Building Division:

If you plan to make any renovations or structural changes to your short-term rental property, you'll need to work with the Building Division to obtain the necessary permits and inspections. They can guide you through the process and ensure your property meets all applicable building codes and safety standards.

Contact:

Building Division
City of Winter Haven
451 Third Street NW
Winter Haven, FL 33881
Phone: (863) 291-5695
Email: building@mywinterhaven.com

4. Polk County Tax Collector:

As a short-term rental operator in Winter Haven, you'll need to collect and remit the 5% Tourist Development Tax to the Polk County Tax Collector's Office. They can provide information on registering your business, filing tax returns, and making payments.

Contact:

Polk County Tax Collector
430 E Main St.
Bartow, FL 33830
Phone: (863) 534-4700
Email: touristtax@polktaxes.com

In addition to these local contacts, you'll also need to work with the Florida Department of Business and Professional Regulation (DBPR) to obtain your state vacation rental license and the Florida Department of Revenue for sales tax registration and payments.

By establishing relationships with these key departments and staying in communication with them throughout the process of setting up and operating your short-term rental, you can ensure compliance with all applicable regulations and set your business up for success in Winter Haven.

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

To get a sense of how short-term rental operators in Winter Haven feel about the city's regulations, let's look at some discussions on popular real estate investing forums like BiggerPockets and Reddit.

BiggerPockets Forum - "Winter Haven, FL: A Hidden Gem for Short-Term Rentals"

In this thread, a user shares their positive experience operating multiple vacation rentals in Winter Haven. They mention that the city has been very accommodating to short-term rentals and that they haven't faced any significant regulatory challenges. Several other hosts chime in, agreeing that Winter Haven is a relatively easy place to operate compared to some other Florida cities.

Reddit - r/AirbnbHosts - "Expanding my STR portfolio to Winter Haven, FL"

An experienced host posts about their plans to acquire additional short-term rental properties in Winter Haven. They cite the city's growing tourism market, attractive cap rates, and friendly regulatory environment as key factors in their decision. Other users comment with their own experiences, with many describing Winter Haven as a "hands-off" city when it comes to short-term rental regulations.

BiggerPockets Forum - "Winter Haven, FL: Navigating Local Regulations"

In this post, a new host asks for advice on understanding and complying with Winter Haven's short-term rental rules. Several experienced operators share their insights, noting that while the city does require a business tax receipt and compliance with state licensing and tax requirements, there are no specific vacation rental ordinances to worry about. They emphasize the importance of being a responsible operator and maintaining positive relationships with neighbors and local officials.

Reddit - r/RealEstate - "Winter Haven, FL: A Sleeper Market for Airbnb?"

A user asks for opinions on investing in short-term rentals in Winter Haven, and the responses are generally positive. Many commenters highlight the city's growing popularity with tourists, its business-friendly environment, and its relatively lenient approach to vacation rental regulations compared to other Florida hotspots. Some hosts caution that regulations could change in the future, but overall, the sentiment is optimistic.

BiggerPockets Forum - "Winter Haven STR Regulations: Any Changes on the Horizon?"

In this thread, a host expresses concern about potential changes to Winter Haven's short-term rental policies, citing recent crackdowns in other Florida cities. However, most respondents seem confident that Winter Haven will remain accommodating to vacation rentals, given the city's history and the importance of tourism to the local economy. They advise staying engaged with local officials and being proactive about compliance to mitigate any regulatory risks.

Overall, the sentiment among Airbnb hosts on BiggerPockets and Reddit seems to be that Winter Haven is a relatively easy and welcoming place to operate short-term rentals. While the city does have some basic requirements like business tax receipts and compliance with state regulations, hosts generally don't report facing significant regulatory hurdles or enforcement actions. Many praise Winter Haven's business-friendly environment and see it as an attractive market for vacation rental investments. However, some hosts do caution that regulations can always change and emphasize the importance of staying informed and adaptable.

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.